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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 3rd day of February 1988 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL: E. B. Woodard Supervisor

J. J. Diggins 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

ABSENT: D. J. Mill Councilman

D. P. Curley Councilman

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 DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 1/6/88 and 1/20/88, 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 DULY ADOPTED.

New Business #1-Stadium Mobil, Inc., Southwestern - Special Exception Use Car Wash.

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

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Stadium Mobil, Inc., 3856 Southwestern Blvd. for a Special Exception Use for a two (2) Bay Car Wash.

THE RESOLUTION WAS DULY ADOPTED.

New Business #2 - #5 Referrals to Planning Board.

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

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

#2 - Orchard Park Suzuki, corner of Southwestern Blvd. and Milestrip Road- Requests Concept Approval of Auto Dealership with extended service facilities.

#3 - Thruway Builders of Orchard Park, Inc., 3515 California Road - Requests Building Permit for a 50' x 75' addition.

#4 - Southtowns Tele-Communications, Inc., vacant land south of 3751 Abbott Road - Requests Building Permit for a 30' x 60' office building.

#5 - Fifty One Commerce Parkway, Inc., vacant land between 3596 6 3686 California Road - Requests Building Permit for a 7,050 sq.ft. warehouse/office building.

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THE RESOLUTION WAS DULY ADOPTED.

New Business #6 & #7 New York State Electric & Gas Corp. Street Lighting Proposals.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, 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 Proposals from New York State Electric & Gas Corp.:

1] December 11, 1987

Install 1-45000 lumen HPS "hiway liter" lamp @ $208.05 Pole 45-1, Line 826 @ railroad where bridge was removed

Town of Orchard Park to supply 1-45000 (400-watt) fixture & bracket

NYSEG to install fixture and bracket for a one-time charge of $95.47. NYSEG to install and maintain all equipment

A Town resolution accepting this proposal grants material supplied by the Town of Orchard Park to NYSEG.

January 20, 1988

Install 1-45000 lumen HPS "hiway liter" lamp @ $208.05 Pole 37, Line 826 @ railroad where bridge was removed

Town of Orchard Park to supply 1-45000 (400-watt) fixture and bracket

NYSEG to install fixture and bracket for a one-time charge of $95.47. NYSEG to install and maintain all equipment.

A Town resolution accepting this proposal grants material supplied by the Town of Orchard Park to NYSEG

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING

At 8:05 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, which amendment provides as follows:

to rezone property from I-1 to R-4 on land located on South Benzing Road at the corner of Southwestern Blvd., for the development of Apartments, Townhouses and/or Multiple Dwellings as petitioned by Kawac, 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

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PROPONENTS

Anthony J. Colucci Jr., Esq. - Reviewed the history of said property in question including 1] rezoning in October 1972 by the petitioner from B-3 to R-3 and M-3, 2] payment of Recreation Fees of $5,975.00 on October 1973, and 3] rezoning to I-1 by the Zoning Commission in 1985 without notification to owners.

John Bosse, 56 Ivy Way, Lancaster, New York

OPPONENTS

James Przepasniak, 3557 South Benzing Road Robert Romanowski, 3547 South Benzing Road Diane Baker, 3547 South Benzing Road Ronald Schoenhardt, 3529 South Benzing Road

Daniel Duke, 3565 South Benzing Road

Edward Martindale, 190 Lawrence Place

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

RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

to rezone property from 1-1 to R-4 on land located on South Benzing Road at the corner of Southwestern Blvd., for the development of Apartments, Townhouses and/or Multiple Dwellings as petitioned by Kawac, Inc.

be and is hereby closed at 8:24 P.M. EST.

THE RESOLUTION WAS DULY ADOPTED.

5) 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 transfers:

$500.00 from B8010.456 to 68010.200 and $500.00 from B8020.456 to 138020.200

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve the following appointments to the Fall/Winter/Spring Recreation Staff as recommended by the Deputy Recreation Director:

Alan Greenley, 7292 Cole Road -Basketball

Michael Melerski, 45 Butternut Cir.- Volleyball

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THE RESOLUTION WAS DULY ADOPTED.

7) 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 schedule a Public Hearing on March 2, 1988 at 8:05 P.M. EST in the matter of the adoption of Local Law #1-1988 which provides as follows:

Local Law #1-1971 which established the Conservation Advisory Council, later designated the Conservation Board, is hereby amended as follows:

Section 3 - Membership - The board shall consist of seven members who shall be appointed by the Town Board. One of the members so appointed may be, (but not required to be) at the time of his appointment, between the ages of sixteen and twenty-one years of age. Persons residing in the Town of Orchard Park who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as a member of the Board. Vacancies on the Board shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by expiration of term of office shall be filled only for the remainder of the unexpired term.

Section 4 - Terms of members - Delete as adopted in 1971 and substitute as follows: All members shall be appointed for a term of two, (2) years.

(Note: changes to this local law are underlined)

and be it further

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

THE RESOLUTION WAS DULY ADOPTED.

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

WHEREAS, Mobil Oil Corp., Southwestern Blvd. and Orchard Park Road, made application to the Town of Orchard Park for rezoning for a proposed car wash, and

WHEREAS, the petition was processed, a Public Hearing was held and a decision was made for denial, after much review and research, by the Town Board of the Town of Orchard Park, and

WHEREAS, Mobil Oil Corp appealed the decision for denial from the Orchard Park Town Board, and

WHEREAS, State Supreme Court Justice Thomas J. Flaherty upheld Mobil Oil Corps. application for a car wash, and

WHEREAS, Justice Thomas J. Flaherty did not offer a reason for his decision, but directed a Building Permit be issued

NOW, THEREFORE, be it

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RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney to appeal Supreme Court Justice Thomas J. Flaherty's decision to the Appellate Division in the matter of the proposed car wash from Mobil Oil Corp., Southwestern Blvd. and Orchard Park Road.

THE RESOLUTION WAS DULY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to adopt the proposed Mobile Home Ordinance, to be known as the "Mobile Home Neighborhood District" as the subject matter for the Public Hearing scheduled on 3/2/88 at 8:05 P.M. EST, and be it further

RESOLVED that a copy of this "Mobile Home Neighborhood District" proposed Ordinance is attached to these minutes.

THE RESOLUTION WAS DULY ADOPTED.

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, 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 Warrant #2 and the End of Month Warrant for January 1988 following auditing by members of the Town Board and in the funds indicated:

WARRANT #2 END OF MONTH

GENERAL FUND $49,094.38 $77,207.95

PART TOWN FUND - 4,124.38

HIGHWAY FUND 3,025.08 19,621.27

SPECIAL DISTRICTS FUND 18,348.24 6,816.96

TRUST & AGENCY FUND 30,490.16 433,485.74

THE RESOLUTION WAS DULY ADOPTED.

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

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

1. Town of Cheektowaga - Copy of adopted resolution requesting County of Erie to distribute to towns their portion of additional 1% sales tax.

THE RESOLUTION WAS DULY ADOPTED.

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

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

1. Building Permits and Building Inspector's Monthly Report for January 1988

THE RESOLUTION WAS DULY ADOPTED.

Supervisor Woodard reported the Civil Service List for Clerk Typist has been received and interviews are being scheduled.

BUSINESS FROM THE FLOOR

William Zak, 191 Lakeview Avenue appeared before the Town Board and read a prepared statement in the matter of the deplorable conditions existing on the property at 186 and 189 Lakeview Avenue, and have existed for a least the last 8 years that he has resided at his address. A copy of said prepared statement is attached to these minutes.

He proceeded to tell the Board he appeared before the Town Board 3i years ago in this same matter, nothing has been done, he has upgraded his own property and has had his assessment raised 25%.

A lengthy discussion was held by the Town Board, the Town Attorney and the Building Inspector. Robert Sweet, the Building Inspector stated the owner has been notified to clean up the property. Mr. Sweet was directed to make a progress report on the property and to file it with the Town Board on 3/2/88. Depending on the information contained in the report, the Town may and shall institute condemnation proceedings and/or set a time for the owner to complete all clean up to the Towns specifications.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:45 P.M. EST.

Respectfully submitted,

Betty Reukauf

Town Clerk