Reg. Mtg. #8 Mtg. #9 4/20/88 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 20th day of April, 1988 at 8:00 P.M. EDT and there were

PRESENT AT ROLL CALL: E. B. Woodard Supervisor

J. J. Diggins Councilman

D. J. Mill Councilman

D. Patrick Curley Councilman

J. J. Mills 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.

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

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 3/16/88, 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. PUBLIC HEARING

AT 8:05 PM EDT, 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, which amendment provides as follows:

to rezone property from B-2 to I-1 on land located at 5745 Big Tree Road for use in light manufacturing as petitioned by A. Lunt Design, Inc.

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

Edward D. Kwasniewski, 33 Fieldcrest, West Seneca - Vice President of A. Lunt Design,Inc. described type of manufacturing to be done at location and displayed some of the finished products

John Bailey, Esq. - Representing present owners of property, Bruce Narbe and Golf Car World

OPPONENTS

No one spoke.

1 ) 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 the rezoning petition of A. Lunt Design, Inc. be and is hereby closed at 8:10 PM EDT.

E. B. Woodard aye

J. J. Diggins aye

D. J. Mill aye

D. P. Curley abstained - conflict of interest

J. J. Mills aye

THE RESOLUTION WAS DULY ADOPTED.

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2 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS. 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, which amendment provides as follows:

To rezone property from B-2 to I-1 on land located at 5745 Big Tree Road for use in light manufacturing as petitioned by A. Lunt Design, Inc.

was conducted at the Municipal Building, S-4295 South Buffalo Street, Orchard Park, New York on the 20th day of April, 1988 at which all interested parties were giver an opportunity to be heard, and

WHEREAS, "no recommendation" from the Erie County Department of Planning, pursuant 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, with the stipulation that the rezoning be for this particular business and it shall revert back to B-2 zoning if and when this business vacates said property, was received and filed with the Town Board, and

WHEREAS, the Town Board did Declare a Negative SEQRA Declaration 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 B-2 to I-1, with the stipulation that this rezoning be for this particular business and it shall revert back to B-2 zoning if and when this business vacates said property, 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. 31, Township 9, Range 7, being Sublot Nos. 10, 11 and 12 as shown on Map filed in the Erie County Clerk's Office under Cover No. 2398, being more particularly described as follows:

BEGINNING at a point on the south line of Big Tree Road distant 810'± westerly of the intersection of said south line of Big Tree Road and the east line of said Lot No. 31, which point is also the northeast corner of Sublot No. 10 as shown on said map filed in the Erie County Clerk's Office under Cover No. 2398; thence westerly along said south line of Big Tree Road, 297.83'+ to the northwest corner of said Sublot No. 12; thence southerly along the west line of said Sublot No. 12, 134.30'+ to the southwest corner of said Sublot No. 12; thence southeasterly along the southerly lines of said Sublot Nos. 12, 11 and 10, 312.41'+ to the southeast corner of said Sublot No. 10; thence northerly along the east line of said Sublot No. 10,217.58'+ to said south line of Big Tree Road at the point or place of beginning.

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.

Before the vote was taken, Councilman Mills questioned the matter of outside storage. Mr. Kwasniewski stated there would be no outside storage. Trucks come in and out to pick up completed materials and UPS truck usually delivers once a day.

E. B. Woodard aye

J. J. Diggins aye

D. J. Mill aye

D. P. Curley abstained - conflict of interest

J. J. Mills aye

THE RESOLUTION WAS DULY ADOPTED.

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PUBLIC HEARING

At 8:05 PM EDT, 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, which amendment provides as follows:

Chapter 144 - Zoning Ordinance Article H

§•144-5 B Terms Defined. add the following

CANOPY - A roof like covering of metal or other rigid material, which extends from the wall of a building.

AWNING - A roof like covering of canvas or other flexible material, which extends from the wall of a building. Same may be retractable.

AWNING SIGN - A drawing, printing, or other configuration, printed on or attached, to an awning, which purports to indicate the nature of, or name of, or to publicize, any service,' any organization, or any commercial enterprise.

ILLUMINATED SIGN - Any sign designed to give forth any, artificial light, or designed to reflect light from one or more sources, natural or artificial. PEDESTAL SIGN - A sign not attached to any building or structure, supported

by one (1) pedestal permanently placed in the ground, with a clear, unobstructed area at least eight (8) feet in height from he ground to the bottom of the sign except for the pedestal which shall not exceed eight (8) inches in horizontal dimension in any direction. The overall height shall not exceed sixteen (16) feet.

PLAZA - A business or shopping center with a frontage of one hundred (100) feet or more.

§144-5 B - Sign add the reference:

(See Awning, Canopy, Awning Sign, Freestanding Sign, Marquee, Pedestal Sign, Political Sign, Projecting Sign and Temporary Sign)

§144-33 The following sentence shall be added:

Signs shall be designed and constructed by a commercial sign maker. §144-35 F Awning Sign shall now read AWNING/CANOPY SIGN as follows: Awning/Canopy Sign - Advertising containing only name of the owner or name of a business and the main service provided in letters not more than twelve (12) inches in height may be placed upon the face of any awning/canopy; .

(1) Applications of awning/canopy shall be limited to the front of the building.Corner lot businesses may apply for Special Exception.

(2) Illumination shall be limited to. one (1) two (2) tube eight (8) foot flourescent fixture per eight (8) linear feet and shall run only horizontal to the building front.

(3) Color shall be limited to dark, subdued color with lighter letters not to exceed twelve (12) inches and sign as proposed shall be in aesthetic and architectural harmony with the subject premises, and other signs and buildings in the immediate area, and shall be subject to approval.

(4) The bottom of the awning/canopy shall be not less then seven (7) feet

above the sidewalk, shall not exceed six (6) feet in height, shall not

exceed the roof line, shall not extend more than three (3) feet out from the front of the building.

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 4

§144-38 B, 2 shall now read:

Size - There shall be no more than two (2) display surfaces, each of which shall not exceed twenty (20) square feet and shall not exceed ten (10) feet in overall height.

§144-38 C, 2 shall now read

Size. One (1) pedestal sign not exceeding forty (40) square feet in total surface area of any one (1) surface or eighty (80) square feet in area of all surfaces shall be permitted or two (2) pedestal signs not attached to each other and neither of which exceeds twenty (20) square feet in total areas of all sides. The sign area may be increased at the rate of one (1) square foot for each additional two (2) feet from the required setback from the road right-of-way and the side property lines (or the required side line setback) but not to exceed in any event a total area of one hundred eighty percent (180%) of the area permitted by this subsection for pedestal signs. Only one (1) pedestal sign shall be permitted in each shopping center, as defined in this chapter, or individual business located outside of a shopping center with frontage on any one (1) street of not less than one hundred (100) feet, subject to all other restrictions relating to pedestal signs.

Pedestal sign shall have a clear unobstructed area at least eight (8) feet in height from the ground to the bottom of the sign except for the pedestal which shall not exceed eight (8) inches in horizontal dimension in any direction. The overall height shall not exceed sixteen (16) feet.

§144-42.1 Maintenance of Signs. add new section

Maintenance of Signs. Signs shall be kept in good repair and free from structural defect. The display surfaces and structures shall be kept neatly maintained at all times. Any sign found not properly maintained may be ordered removed after written notice is sent. In the event the sign is not made to conform or if the sign is not removed within thirty (30) days from the 'date of the written notice, the Building Inspector shall cause the removal of such sign and the expense of removal shall be added to the next taxes assessed to the property.

Article VI

5144-44 — Applications for building permits in 13, I, D-R or multiple dwellings., apartments, town houses and condominiums in the R-3 and the R-4 zones.

A. Commercial site plan review. Any application for a building permit or certificate of occupancy in any 13, I-1, D-R or multiple dwellings, apartments, town houses and condominiums in the R-3 and R-4 zones shall be submitted to the Town Board for special considerations and approved before such permit or certificate is issued. The Town Board shall refer such application to the Town Planning Board and the Conservation Board for recommendation thereon.

Paragraph B will be inserted herein as it is presently set forth in the ordinance.

C. General Standards. The Town Conservation Board shall approve, approve with modifications or disapprove the landscape plan submitted with such application and shall report its decision to the Town Board based upon the following:

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Paragraph (1) Landscape Plan and Sub-sections a, b and c will be inserted herein as they are presently set forth in the ordinance.

(d) The following sentence shall be added: all existing trees over nine (9) inches in caliper measuring four feet from the ground, shall be located and identified by species on the landscape plan.

A new paragraph "e" shall be inserted and the current paragraph "e" shall be designated paragraph "f" as follows: All developers of multiple dwellings, apartments, town houses or condominium:; shall obtain the name of the appropriate street trees from the Town Shade Tree Plan and be required to plant the appropriate street trees in accordance with the present landscape ordinance including the

specie of tree, the size of the tree and .all other requirements of Section 144-44C of the Zoning Ordinance.

D. The Town Planning Board shall approve, approve with modifications or disapprove such application and shall report its decision to the Town Board, stating its reason based upon:

The balance of paragraph D and paragraphs B through I will be inserted herein as they are presently set forth in the ordinance.

J. Finding of the Planning Board; Finding of the Conservation Board; Action by the Town Board. Before approving the site plan, the Planning Board shall make findings with respect to all of the above that are applicable. The Conservation Board, shall make findings with respect to the proposed landscape plan. The Town Board, on receipt of the Planning Board's recommendation and the'

Conservation Board's recommendation, shall approve or disapprove the application or shall request the submittal of revised or. more detailed plans and specifications. The application is approved, building and occupancy permits may be obtained, but only for the development and use by the Town Board in accordance with the specifications and plans filed with and approved by the Town Board and with any further conditions imposed by the Town Board as to operation.

PROPONENTS

No one spoke. OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of Amendments to Chapter 144, Zoning Ordinance Articles II and VI be and is hereby closed at 8:16 PM ETD.

Reg. Mtg. #8 Mtg. #9 14/20/88 Page 6

THE RESOLUTION WAS UNANIMOUSLY ADOPTED..

The Town Board shall review said proposed amendments and make a decision on this matter in the very near future.

PUBLIC HEARING

to rezone property from R-3 to R-2 located west of Rte. 277, north of Powers Road, south of Armor Road and east of Rte. 219

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

John Bernard, 6760 Powers Road. OPPONENTS

Ronald Heintz, 3986 Nottingham Terrace, Hamburg, N.Y., part owner of said property-Voiced concern as they are in the process of contracting and negotiations for the sale of several parcels of this property.

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

RESOLVED that the Public Hearing in the matter of the rezoning of property located west of Rte. 277, north of Powers Road, south of Armor Road and east of Rte. 219 be and is hereby closed at 8:21 PM EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

5 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED 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, which amendment provides as follows:

To rezone property from R-3 to R-2 located west of Rte. 277, north of Powers Road, south of Armor Road and east of Rte. 219

was conducted at the Municipal Building, S-4295 South Buffalo Street, Orchard Park, New York on the 20th day of April at which all interested parties were given the 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 SEQRA Declaration

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 7

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 R-2 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. 12, 13, 20 and 21, Township 9, Range 7 of the Holland Land Company's Survey, bounded and described as follows:

BEGINNING at a point of intersection of the east line of Lot No. 20, (said east line of Lot No. 20 being also the west line of Lot No. 12) with the center line of Powers Road; thence north along the east line of Lot No. 20 a distance of 2577.01 feet to the southwest corner of lands conveyed to George T. Kieffer and Josephine B. Kieffer, his wife be deed recorded in Erie County Clerk's Office in Liber 2805 of Deeds at page 208 on August 24, 1938; thence easterly along the southerly line of lands so conveyed to said Kieffer a distance of 971.39 feet to a point; thence northerly at an included angle of 90" 15' 04" a distance of 410.72 feet to a point in the extension westerly of the south line of lands conveyed to Peter H. Karalus by deed recorded in Erie County Clerk's Office in Liber 7103 of Deeds at page 119 on April 26, 1965; thence easterly along the extension of said southerly line and along said southerly line of Peter H. Karalus a distance of 676.48 feet to the southeast corner of said Peter H. Karalus lands (said point being in the center line of Chestnut Ridge Road); thence north along the center line of Chestnut Ridge Road and along the east line of said Peter H. Karalus lands and the east line of lands conveyed to Edward Fox and Victoria Fox, his wife by deed recorded in Erie County Clerk's Office in Liber 4025 of Deeds at page 445, a distance of 160.05 feet to the northeast corner of lands conveyed to said Edward Fox and wife by deed aforesaid; thence westerly along the north line of lands conveyed to Edward Fox and wife by deed aforesaid a distance of 317.14 feet to the northwest corner of said lands conveyed to said Edward Fox and wife (said northwest corner of Fox being also the southeast corner of lands conveyed to Lancaster Homes, Inc. by deed recorded in Liber 8120 of deeds at page 339 on December 12, 1973); thence running northerly along the

east line of lands conveyed to Lancaster Homes, Inc. by deed recorded in Erie County Clerk's Office In Liber 8120 of Deeds at page 339 on December 12, 1973 a distance of 394.51 feet to the south line of lands conveyed. to Clayton H. Kern, et al doing business as C.H. Kern and Sons, by deed recorded in Erie County Clerk's Office in Liber 5975 of Deeds at page 48 on April 26, 1956; thence westerly along the south line of said Kern Lands a distance of 1314.09 feet to the west line of Lot No. 13; thence northerly along the west line of Lot No. 13 (said west line being also

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the east line of Lot No. 21) a distance of 369.49 feet to a point (said point being 100 feet north of the south line of lands Conveyed to Henry Leiner and Philippine Leiner, his wife by deed recorded in Erie County Clerk's Office in Liber 2785 of Deeds at page 238 on September 1, 1938; thence easterly parallel to the south line of said Leiner Lands and also along the north line of lands conveyed to Hickory Hill Swimming Club, Inc. by deed recorded in Liber 7161 of Deeds at page 109 on October 1, 1965 a distance of 1075.42 feet to the northeast corner of said lands of Hickory Hill Swimming Club, Inc. by deed aforesaid; thence southerly parallel to the west line of Lot No. 13 a distance of 100 feet to the southeast corner of said Hickory Hill Swimming Club Lands, being also in the south line of lands conveyed to Henry Leiner and wife by deed herein before mentioned; thence easterly and parallel to the south line of Lot No. 13 and along the south line of said Leiner Lands a distance of 542.76 feet to the center line of Chestnut Ridge Road; thence northerly along the center line of Chestnut Ridge Road a distance of 895.81 feet to the south line of lands conveyed to John Struble by deed recorded in Erie County Clerk's Office in Liber 325 of Deeds at page 212; thence westerly parallel to the south line of Lot No. 13 and along &aiA Struble Lairds a distance of 1599.98 feet to the west line of Lot No. 13;

thence north along the west line of Lot No. 13 a distance of 734.59 feet

to the southeast corner of lands conveyed to Hillard E. Hoyler by deed recorded in Erie County Clerk's Office in Liber 3035 of Deeds at page 564 on September 23, 1940; thence west along the south line of Hoyler's Lands 156.42 feet to the southwest corner thereof; thence north along the west line of said Hoyler's Lands a distance of 592.45 feet to the southeast corner of lands appropriated by the State of New York in Liber 7800 of Deeds at page 240 (Map No. 202, Parcel No. 228); thence westerly along said south line of lands appropriated and the south line of lands appropriated by the State of New York in Liber 7800 of Deeds at page 440 (Map No.. 201, Parcel No. 227) and lands appropriated in Liber 7800 of deeds at page 203 (Map No. 193, Parcel No. 217) a distance of 1410.5 feet to a point in the east line of lands appropriated by State of New York in Liber 7800 of .Deeds at page 203 (Map :No. 193, Parcel No. 217); thence southwesterly along last above mentioned appropriation and lands appropriated by State of New York in Liber 7800 of Deeds at page 523 (Map No, 187, Parcel No. 205 et al) and lands appropriated in Liber 7800 of Deeds at page 211 (Map No_. 186, Parcel No. 204) and lands appropriated

in Liber 8000 of deeds at page 1 (Map No. 185, Parcel No. 203) a distance of 3188.86 feet to the south line of Lot No. 21; thence east along the south line of Lot No. 21 (being the north line of Lot No. 20) a distance of 550.85 feet to the west line of lands conveyed to Ronald H. Scheffer by deed recorded in Erie County Clerk's Office in Liber 6227 of deeds at page 491; thence north along the west line of said Scheffer's Lands 60 feet to the

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northwest corner thereof; thence east along the north line of said Scheffer's Lands 188.28 feet to the northeast corner thereof (said northeast corner being also located in the extension northerly of the east line of lands of Lawrence Popielinski by deed recorded in Erie County Clerk's Office in Liber 3533 of Deeds at page 463; thence southerly along said extension and along said east line of said Popielinski by deed aforesaid a distance of 2218.33 feet to the center line of Powers Road; thence southeasterly along the center line of Powers Road 455.07 feet to an angle point therein; thence continuing southeasterly along the center line of Powers Road a distance of 993.32 feet to the west line of Lot No. 20 at the point of place of beginning.

EXCEPTING THEREFROM lands conveyed to the County of Erie for Powers Road recorded in Liber 2825 of Deeds at page 392.

EXCEPTING ALSO lands appropriated by State of New York for Chestnut Ridge Road and recorded in Liber 6920 of Deeds at page 569 (Map 'No. 60, Parcel No. 68), 6990 of deeds at page 258 (Map No.. 61, Parcel No. 69) and 6940 of Deeds at page 25 (Map No. 70, Parcel No. 79).

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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - L. McCune, Weiss Rd. - Change in Use to Medical Office.

6 ) 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 request from Leroy McCune, 66 Weiss Road for a Change in Use from residence to Medical Office as recommended by the Planning Board 4/13/88, and be it further

RESOLVED the Town Board does Declare a Negative SEQRA Declaration as recommended by the Planning Board 4/13/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - F.G.Downing, Auto Mall - Franchised Auto Dealership., Southwestern Blvd.

7 ) 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 request from

F. G. Downing, Auto Mall, vacant land on Southwestern Blvd. for a Franchised Auto Dealership as recommended by the Planning Board 4/13/88.

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 10

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Quaker Boy, W.Webster Rd. - office sales and distribution building.

8 ) 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 request from Quaker Boy, Inc., West Webster Road, vacant land north of Southwestern Blvd. for a Building Permit for a 3,000 sq.ft. office sales and distribution building as recommended by the Planning Board 4/13/88, and be it further

RESOLVED the Town Board does Declare a Negative SEQRA Declaration as recommended by the Planning Board 4/13/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - M.J.M. Industries- J.Mills Distributing, N.Benzing Rd. - addition.

9 ) 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 request from M.J.M. Industries - J. Mills Distributing Co., 3360 N. Benzing Road for a Building Permit for a 7,000 sq.ft. addition to existing building for a storage and distribution building as recommended by the Planning Board 4/13/88, and be it further

RESOLVED the Town Board does Declare a Negative SEQRA Declaration as recommended by

the Planning Board 4/13/88.

E. B. Woodard aye

J. J. Diggins aye

D. J. Mill aye

D. P. Curley aye

J. J. Mills abstained - conflict of interest

THE RESOLUTION WAS DULY ADOPTED.

Old Business #5 - Mercy Ambulatory Care Center, Southwestern Blvd.- storage building.

10) 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 request from Mercy Ambulatory Care Center, 3669 Southwestern Blvd. for a Building Permit for a 12' x 22' storage building as recommended by the Planning Board 4/13/88, and be it further

RESOLVED the Town Board does Declare a Negative SEQRA Declaration as recommended by the Planning Board 4/13/88.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 11

Old Business #6 - National Health Care Affiliates, Chestnut Ridge Rd., Special Exception Use.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 5/18/88 at 8:05 PM EDT in the matter of rezoning property (30+ acres) located at 5200 Chestnut Ridge Road from R-2 to R-2 Special Exception Use for construction of a 120 bed home for adults/retirement and limited health care facility as petitioned by National Health Care Affiliates, Inc., and be it further

RESOLVED it has been determined that this is a Type I Action under SEQRA, and be it further

RESOLVED that the Town Board be and is hereby authorized to apply to such other involved agencies for permission to act as Lead Agency in this matter, and be it further

RESOLVED that upon a determination of Lead Agency Status, the Town Board does hereby intend to require that the developer. of said property prepare a draft Environmental Impact Statement, and be it further

RESOLVED the Planning Board Clerk be and is hereby directed to prepare documents necessary for the Town to obtain permission-to act as Lead Agency, and be it further

RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #7 - T. Cetkovic, Southwestern Blvd. - Special Exception Use Home Occupation.

12) 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 schedule a Public Hearing on May 18, 1988 at 8:05 PM EDT in the matter of rezoning property located at 2284 Southwestern Blvd. from R-3 to R-3 Special Exception Use for Home Occupation, Beauty Shop, as petitioned by Theresa Cetkovic, and be it further

RESOLVED the Town Clerk be and is herbey directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #8 - Award bid for Police Uniform Parts.

13) THE FOLLOWING RESOLUTION WAS 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 award the bid for "Police Uniform Parts" as follows and as recommended by the Police Chief:

Refers and Shirts - Mohawk Wear, 28 Bender Drive, Orchard Park, N.Y.

All other items bid - United Uniform Co., Inc, 495 North French Road, Getzville, N.Y.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 12

Old Business #9 - Award bid for Brush Pickup.

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 award the bid for "Brush Pickup", a 3 consecutive year contract to cover 6 months of each year, starting May 1 thru October 31 to George R. Gerwitz, North Boston Garage, 744o Boston State Road, Hamburg, N.Y. in the yearly cost of Forty-three Thousand Two Hundred ($43,200.00) Dollars they being the lowest responsible bidder thereof, as recommended by the Town Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 & #2 Referrals to the Planning Board.

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

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the following:

#1 - Jack Bertsch, 3907 North Buffalo Rd. - Requests Building Permit for remodeling and enlarging existing barn building.

#2 - Edmond N. Jensen, Jr. . 6610 East Webster Rd. - Requests rezoning from R-2 to B-3 for operation of landscape business.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - N.Y.S.E.G., Street Light Proposal - Royal Hill Subdv.

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

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

street lighting proposal from New York State Electric & Gas Corp. dated 2/16/88:

East Royal Hill Drive (8) :: Royal Hill Subdivision

West Royal Hill Drive (8)

Install 16 - 3300 lumen PT HPS luminaires @ $93.23 ea. - $1491.68

Stds. 1 thru 8, East Royal Hill Drive Stds. 1 thru 8, West Royal Hill Drive

Conductors and 15-ft. posts (12-ft. mounting height) to be

supplied and installed by the developer; owned and maintained by

the Town of Orchard Park

Luminaires, lamps and controls to be supplied, owned and

maintained by the New York State Electric & Gas Corp.

TOTAL ANNUAL INCREASE $1491.68

Before the vote was taken, the-Town Engineer explained to the Town Board that the approval of this street lighting is somewhat premature as this subdivision, Royal Hill, has not begun to be developed as yet. Supposedly there could be an archaeological study necessary before approval can be made for the proposed subdivision.

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 13

E. B. Woodard nay

J. J. Diggins nay

D. J. Mill nay

D. P. Curley aye

J. J. Mills nay

THE RESOLUTION WAS NOT ADOPTED.

New Business #4 - Woodridge Park, P.I.P. #187, Part 1, Phase 2.

17) 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 application for P.I.P. #187, Woodridge Park Townhouses, Part 1, Phase 2 as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) 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 direct the Supervisor to sign the agreement with Olson & Terzian, 170 Franklin Street, Buffalo N.Y. to provide construction inspection services for Woodridge Park Townhouse Development P.I.P. # 187, Part I, Phase 2 as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 - R. Dombrowski - Rezone parcel from R-2 and A-1 to I-1.

19) 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 Robert Dombrowski, 6115 Powers Road to rezone a five (5) acre parcel of land bounded by Powers Road, Burton Road and the Southern Expressway (Rt.219) from R-2 and A-1 to I-1 for construction of a storage, maintenance and office facility, and be it further

RESOLVED the Town Board be and is hereby authorized to schedule a Public Hearing on May 18, 1988 at 8:05 PM EDT in the matter of said rezoning request, and be it further

RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

E. B. Woodard aye

J. J. Diggins aye

D. J. Mill aye

D. P. Curley aye

J. J. Mills nay

THE RESOLUTION WAS DULY ADOPTED.

Councilman Mill stated the Board of Fire Commissioners are anxious to meet with the Town Board in the matter of the Disaster Coordinator. He requested the Town Board set aside the work session on May 11th at 7:00 PM EDT to meet with the Commissioners in this matter.

Reg. Mtg. #8 Mtg. #9 4/20/88 Page 14

20) THE FOLLOWING RESOLUTION WAS 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 following amendments to the Subdivision Regulations of the Code of Ordinances of the Town of Orchard Park as adopted by and recommended by the Planning Board 4/13/88:

Amend Section 121-10 Planning Board Action, to read: that the Planning Board's action for Preliminary Approval be within forty-five (45) days from the date of the public hearing

Amend Section 121-13A (1) Application for final plat approval, to read: Three (3) linen prints of the Final Subdivision Map.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a Bid Opening on April 29, 1988 at 10:00 AM EDT for the Town-wide "Rubbish Pickup" for the spring clean

up as recommended by the Highway Superintendent, and be it further

RESOLVED the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

22) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, 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 the Lions Club to conduct a Fishing Contest Derby and stock Green Lake with fish on June 5, 1988 at Yates Park.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #7 following auditing by members of the Town Board and in the funds indicated:

WARRANT #7 GENERAL FUND $87,099.76

PART TOWN FUND 4,306.74

HIGHWAY FUND 42,291.75

SPECIAL DISTRICTS FUND 87,410.96

TRUST & AGENCY FUND 16,572.00

CAPITAL FUND (Norstar) 30,000.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. # 8 Mtg. # 9 4/20/88 Page 15

24) THE FOLLOWING RESOLUTION WAS 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 following appointments to the Summer Recreation Staff as recommended by the Recreation Director:

Ann Robinson 57 Tanglewood swim 30/HR

Steve Brown 12 Fir Top swim 30/HR

Frank Parsons 34 Kathryn Hd. Guard 35/HR

Mario Bottoms 7557 E.Quaker swim 30/HR

Jerold Haley 23 Wildwood swim 30/HR

Debbie Troup 192 Burmon PG/aide 35/HR

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard reported the Town of Orchard Park received a check for $20,075.00 from Quaker Centre as acreage payment of property sold to Buffalo Envelope.

BUSINESS FROM THE FLOOR

William Pfeil, Triton Valley Estates - Requested information on the status of the proposed Mobile Home Ordinance Councilman Mill stated the Town Board is considering more modification and perhaps another public hearing shall be necessary.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:55 PM EDT.

Respectfully submitted,

Betty Reukauf, Town Clerk