Reg. Mtg. #4      Mtg. #6     2/15/84     Page 1

 

A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 15th day of February, 1984 at 8:00 P.M. EST and there were

 

PRESENT AT ROLL CALL:

E. B. Woodard     Supervisor

J. J. Diggins     Councilman

D. J. Mill        Councilman

D. P. Curley      Councilman

J. J. Diggins     Councilman

 

Betty K. Reukauf  Town Clerk

L. Berkowitz      Town Attorney

R. W. Sweet       Building Inspector

R. C. Henning     Police Chief

R. A. Geitter     Supt. of Highways

M. R. Merritt     Town Engineer

 

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered, led by Dennis Ebert, member of Boy Scout Troop 8113 from the Town of West Seneca.

 

Dennis Ebert, Dan Delmont and David Seira, members of Boy Scout Troop 8113 from West Seneca attended the Town Board meeting as part of the requirements for their Communi­cations Badge.

 

APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

 

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 2/1/84, as presented by the Town Clerk, be and are hereby approved, and be it further

 

RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #1 - Award Police Car Bid.

 

1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to award the bid for one (1) new 1984 unmarked Police Car to Frank Downing's Towne Lincoln Mercury, Inc., 3050 Orch­ard Park Road, Orchard Park, New York in an amount not to exceed Eight Thousand Two Hundred Ninety-eight Dollars and ninety-seven cents ($8,298.97), they being the lowest responsible bidder therefore and as recommended by the Police Chief.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Award Tree Bid.

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to award the bid for trees

for the Tree Planting Program to Valley View Nurseries, 6135 Webster Road, Orchard Park, they being the lowest responsible bidder therefore and as recommended by the Town Attorney.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - K.Y.M. Land Co.,Inc. / Armor Heating, Inc. - Ramblewood Subdivision

No action taken.

Old Business #5 - Maple Court Motel, Southwestern Blvd. - Change in Use to garage storage

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Maple Court Motel, 3940 Southwestern Blvd. for a Change in Use of 8 motel units to garage storage area as recommended by the Planning Board 2/8/84, and be it further

RESOLVED that Town Board does declare a negative declaration under the SEQR Law and Regulations as recommended by the Planning Board 2/8/84.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #6 - Lazy-Z-Boy Showcase, Orchard Park Rd. - revised plans dated 1/13/84.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the revised plans dated 1/13/84, with stipulations, from Lazy-Z-Boy Showcase, 3098 Orchard Park Road as recommended by the Planning Board 2/8/84, and be it further

RESOLVED the Town Board does declare a negative declaration under the SEQR Law and Regulations as recommended by the Planning Board 2/8/84.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business      #7 - Parker Price, Southwestern Blvd. - revised plans dated 1/30/84..

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION. SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the revised plans

dated 1/30/84, of plans approved by the Town Board 9/7 83, from Parker Price, 3690 Southwestern Blvd. as recommended by the Planning Board 2/8/84 including all recommendations of the Planning Board 8/24/83, and be it further

RESOLVED the Town Board does declare a negative declaration under the SEQR Law and Re­gulations as recommended by the Planning Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #4      Mtg. #6     2/15/84     Page 3

New Business #1 - Boys & Girls Club of Orchard Park, Advertising re: Telethon.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Boys and Girls Club of Orchard Park, Inc. to place an advertising sign outside the Municipal Building the week of March 27th, 1984, following a telethon to be held on March 24 & 25, 1984 to raise urgently needed funds to support their programs.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

At 8:15 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amend­ment to the Zoning Ordinance of the Town of Orchard Park to rezone from R-3 to R-3 Special Exception Use, land to rear of 5285 Chestnut Ridge Road as petitioned by Eastwood Associates.

Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.

PROPONENTS

Frederick Marrano, Esq. - Eastwood Associates Thomas Wincek - Eastwood Associates

OPPONENTS

No one spoke.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO OFFERED IT ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Public Hearing in the matter of rezoning from R-3 to R-3 Special Ex­ception Use as petitioned by Eastwood Associates be and is hereby closed at 8:17 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

WHEREAS, following due and timely notice, a public hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone from R-3 to R-3 Special Exception Use land to rear of 5285 Chestnut Ridge Road as petitioned by Eastwood Associates for the purposes of construction of Multiple Dwellings and Apartments was conducted at the Municipal Building, 54295 South Buffalo Street, Orchard Park, New York on the 15th day of February, 1984 at which all interested parties were given an opportunity to be heard, and

WHEREAS, "No Recommendation" from the Erie County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

WHEREAS, the Town Board did declare a negative declaration under the SEQR Law and Regulations as recommended by the Planning Board

NOW, THEREFORE,

RESOLVED AND ORDAINED, that the     Zoning Ordinance  and the Zoning Map of

Orchard Park be and are hereby amended by rezoning from R-3 to R-3 Special Exception Use all tract or parcel of land bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Orchard Park, County of Erie and State of New York, being part of Lot No's 12 and 13, in Township 9 and Range 7 of the Holland Land Company's Survey and further bounded and described as follows:

BEGINNING at the point of intersection of the center line of Chestnut Ridge Road and the south line of Lot No. 13; thence northerly along the center line of Chestnut Ridge Road a distance of 322.955 feet to a point; thence easterly 1659.49 feet to a point; thence southerly 330 feet to a point in the south line of Lot No. 13; thence westerly at an angle of 89°43' along the south line of Lot No. 13, which is also the north line of Lot 12 to a point which point is also the northeast corner of lands conveyed to petitioner by Liber 9272 of Deeds at Page 385; thence south 104.94 feet to the southeast corner of said lands; thence west 9 parallel to the north line of Lot 12 a distance of 920.24 feet to a point;' thence northerly at an angle of 90°30' a distance of 104.94 feet to a point which point being the northwest corner of lands conveyed to petitioner by Liber 9272 of Deeds at Page 385; thence westerly along said north line of Lot 12 a distance of 300 feet to the point of beginning.

This Ordinance shall take effect immediately in accordance with law.

Before the vote was taken, a discussion was held by members of the Town Board, and the members of Eastwood Associates re: plans for sewerage disposal for the proposed dwellings, etc.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Building Inspectors Course at E.C.C. South.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Building Inspector Robert Sweet and Assistant Joseph Campion to attend a Building In­spectors ten (10) week course at E.C.C. South starting Saturday 2/25/844 at Town ex­pense.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the following trans­fer as recommended by the Town Auditor:

$220.00 from SS8120.111-520 Allocated operations to SS8120.111.486 Sewer Rental to ECSD 3

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to support the E-911 Program as presented by the Enhanced 911 Coordinating Task Force of Erie County as recommended by Police Chief Robert Henning.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Diggins reported the Town Board has had a couple of work sessions on plans for the renovation and/or extension of town facilities and has accomplished a great deal. Hopefully in the very near future definite plans shall be agreed upon and work shall be started.

Councilman Mill reported he shall be scheduling a meeting with the new Cable Company to discuss all areas of our cable contract.

PUBLIC HEARING

At 8:30 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone from R-3 to I-1 property located at 5820 Big Tree Road for the proposed use of premises as an office building as petitioned by Raymon Caputo.

Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.

PROPONENTS

No one spoke.

OPPONENTS,

Paul Sokalski     - 5532 Big Tree Rd. ) All voiced their concern to keep Big Tree

Carle De Chellis - 5515 "     ) Road area residential - they realize need

Michael Adragna   - 5505 "    for change, but are strongly opposed to

Paul Shalke - 2 Queens Place  any I-1 or B-2 in this area.

A discussion was held by the Town Board, opponents, Petitioner and Petitioners Archi­tect Kenneth Grajek re: the type of business to be in the building, design of building, type of sign to be displayed and reason for I-1 zoning.

12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Public Hearing in the matter of rezoning from R-3 to I-1 as petitioned by Raymon Caputo be and is hereby closed at 8:54 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED  ITS ADOPTION,

SECONDED BY COUNCILMAN DIGGINS, TO WIT:

WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone from R-3 to I-1 property located at 5820 Big Tree Road as petitioned by Raymon Caputo for the purposes of use as an office building were conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of February, 1984 at which all interested parties were given an opportunity to be heard. and

WHEREAS, "No Objection" from the Erie County Department of Planning, pursuant to Sec­tion 239-m of the General Municipal Law was received and filed by the Town Board, and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

WHEREAS, the Town Board did declare a negative declaration under the SD B Law and Re­gulations as recommended by the Planning Board

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R-3 to I-1 all tract or parcel of land bounded and described as follows:

ALL. THAT TRACT OR PARCEL OF LAND, located on the north side of Big Tree Road in the Town of Orchard Park, County of Erie, State of

New York and being part of Lot 23, Township 9, Range 7 of the Holland Land Company's Survey and further bounded and described as follows:

BEGINNING at the intersection of the center line of Big Tree Road and the west line of Lot 23, Township 9, Range 7; thence northerly and along the west line of Lot 23, Township 9, Range 7 a distance of Two Hundred Fifty-seven and Eighty hundredths (257.80) feet; thence easterly and parallel with the center line of Big Tree Road a distance of One Hundred Thirty-seven and Fifty-eight Hundredths (137.58) feet; thence southerly and parallel with the west line of Lot, 23, Township 9, Range 7 a distance of Two Hundred Fifty-seven and Eighty' Hundredths (257.80) feet to the center line of Big Tree Road; thence Westerly and along the center line of Big Tree Road a distance of One Hundred Thirty-seven and Fifty-eight Hundredths (137.58) feet to the point of beginning and forming an included angle with the first described line of 98° 31' and containing 0.80 acres more or less.

EXCEPTING from the above described premises, the northerly half of Big Tree Road, said road having a full right of way width of 66 feet and that portion of lands described in Liber 4272 of Deeds at Pages 364 to 390 lying within the above described premises.

AND FURTHER EXCEPTING therefrom, those lands appropriated by the People of the State of New York pursuant to Notice of Appropriation dated March 1 , 1968 and recorded in the Erie County Clerk's Office in Liber 7470 of Deeds at Page 98.

Before the vote was taken, the following amendment was offered by Councilman Mills, who moved its adoption, seconded by Councilman Curley, to wit:

RESOLVED that the Town Board be and is hereby authorized to rezone property located at 5820 Big Tree Road from R-3 to I-1 limiting the use of the property to insurance business.

A vote on this amendment resulted as follows:

Aye Nay

E. B. Woodard     X

J. J. Diggins     X

D. J. Mill  X

D. P. Curley      X

J. J. Mills X

THE AMENDMENT WAS DULY ADOPTED

NOW, THEREFORE

THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED IT ITS ADOPTION,

SECONDED BY COUNCILMAN CURLEY, TO WIT:

 

WHEREAS, following due and timely notice, a Public Hearing relating to the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone property located at 5820 Big Tree Road from R-3 to I-1 as petitioned by Raymon Caputo for the purposes of use as an office building and limiting the use of the property to insur­ance business was conducted at the Municipal Building, 54295 South Buffalo Street, Orchard Park, New York on the 15th day of February, 1984 at which all interested par-ties were given the opportunity to be heard, and

WHEREAS, "No Objection" from the Erie County Department of Planning, pursuant to Sec­tion 239-m of the General Municipal Law was received and filed by the Town Board. and

WHEREAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and

WHEREAS, the Town Board did declare a negative declaration under the SEQR Law and Re­gulations as recommended by the Planning Board

NOW, THEREFORE, be it

RESOLVED AND ORDAINED, that the Zoning Ordinance and Zoning Map of the Town of Orchard Park be and are hereby amended by rezoning from R-3 to I-1 all tract or parcel of land bounded and described as follows:

ALL THAT TRACT OR PARCEL OF LAND, located on the north side of Big Tree Road in the Town of Orchard Park, County of Erie, State of

N     York and being part of Lot 23, Township 9, Range 7 of the Holland Land Company's Survey and further bounded and described as follows:

BEGINNING at the intersection of the center line of Big Tree Road and the west line of Lot 23, Township 9, Range 7; thence northerly and along the west line of Lot 23, Township 9, Range 7 a distance of Two Hundred Fifty-seven and Eighty hundredths (257.80) feet; thence easterly and parallel with the center line of Big Tree Road a distance f One Hundred Thirty-seven and Fifty-eight Hundredths (137.58) feet; thence southerly and parallel with the west line of Lot 23, Township 9

, Range 7 a distance of Two Hundred Fifty-seven and Eighty Hundredths (257.80) feet to the center line of Big Tree Road; thence Westerly and along the center line of Big Tree Road a distance of One Hundred Thirty-seven and Fifty-eight Hundredths (137.58) feet to the point of beginning and forming an included angle with the first described line of 98° 31' and containing 0.80 acres more or less.

EXCEPTING from the above described premises, the northerly half of Big Tree Road, said road having a full right of way width of 66 feet and that portion of lands described in Liber 4272 of Deeds at Pages 364 to 390 lying within the above described premises.

AND FURTHER EXCEPTING therefrom, those lands appropriated by the People of the State of New York pursuant to Notice of Appropriation dated March 1, 1968 and recorded in the Erie County Clerk's Office in Liber 7470 of Deeds at Page 98.

This Ordinance shall take effect ten (10) days after publication and posting in ac­cordance with law, and be it further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.

Aye Nay

E. B. Woodard     X

J. J. Diggins     X

D. J. Mill  X

D. P. Curley      X

J. J. Mills X

THE RESOLUTION WAS DULY ADOPTED.

Councilman Curley reported on a meeting of the Trustees of the Library. Damage to the building was done by the accumulation of ice and snow and it shall be necessary to make the decision who is responsible for the payment of the repairs.

Councilman Mills reported the Engineer has prepared a report on the proposed Water Dis­trict #21 in the Newton Road area.

The Town Engineer 1 ) filed a Feasibility Study on the Relief Sewer on Minden Ridgewood area, Orchard Park Sewer Dist. #8, 2) reported the design for the Milestrip Sanitary Sewer Project is completed, easements have been acquired and hopefully a bid opening shall be scheduled for March 1984, 3) the N.Y.S. D.O.T. is completing plans to start construction on the Railroad Overpass on Big Tree Road in the fall and 4) Community Development Loan Fund is now available to the Town of Orchard Park.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from John Ebert for permission to rebuild a non-conforming building and Change in Use of barn to business at 5880 New Taylor Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to direct the Town Engineer

to prepare a Map Plan and Report under Section 202B of the Town Law for the installation of a relief sewer for the Minden / Ridgewood area of Orchard Park Sewer Dist. #8 as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT :

RESOLVED that the Town Board be and is hereby authorized to direct the Town Engineer to prepare a Map Plan and Report under Section 202B of the Town Law in the matter of interconnection S.S. Dist. #12 (Quaker Lake Terr.) with S.S. Dist. #18 as recommended by the Town Engineer, and be it further

RESOLVED the N.Y.S. D.E.C. be notified of this so needless monies are not spent to com­ply with the newly updated permit.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) THE FOLLOWING RESOLUTION JAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT :

RESOLVED that the Town Board be and is hereby authorized to approve the request from Town Engineer Michael Merritt to attend a seminar on Sanitary Sewer Pump Stations at Mansfield, Ohio March 1 and 2, 1984 at Town Special Districts expense.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY , WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT :

RESOLVED that the Town Board be and is hereby authorized to approve all entries on the Warrant #3 following auditing by members of the Town Board and in the funds indicated:

WARRANT #3

GENERAL FUND      $89,533.07

PART TOWN FUND    3,565.30

FEDERAL REVENUE SHARING FUND  1,720.81

HIGHWAY FUND      54, 947.10

SPECIAL DISTRICTS FUND  58,922.78

TRUST & AGENCY FUND     15,384.33

CAPITAL FUND S. S.#18   8,500.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN HILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to receive and file all com­munications as entered on the Agenda:

1. Town of Boston - Town Board resolution supporting the completion of the Erie County Real Property Information System Project by the County of Erie.

2. State of Hew York Commission on Cable Television - Order approving the transfer of a Transfer of the Partnership interest of Global Cable T.V., Inc. to David C. Croll.

3. State of New York Commission on Cable Television - Order approving Transfer of Global Cable T.V. of O.P. to Cable TV Fund 11-B Ltd.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:23 P.M. EST.

Respectfully submitted,

Betty Reukauf Town Clerk