Reg. Mtg. #6 Mtg. #7 3/16/88 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 16th day of March 1988 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. Mills Councilman
June E. Cooper Deputy Town Clerk
L. Berkowitz Town Attorney
Joseph Campion Assistant Building Inspector
R. C. Henning Police Chief
M. R. Merritt Town Engineer
ABSENT: Betty K. Reukauf Town Clerk - vacation
R. W. Sweet Building Inspector - ill
R. A. Geitter Supt. of Highways
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 DIGGINS, TO WIT:
RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 3/2/88, 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.
Old Business #1-Decision on rezoning petition by John Bosse/Kawac Ltd.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, 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 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, Ltd.was conducted at the Municipal Building, S-4295 South Buffalo Street. Orchard Park, New York on the 3rd day of February, 1988 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 with the Town Board, and
WHEREAS, "denial" from the Town of Orchard Park Planning Board was received and filed with the Town 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 I-1 to R-4 all tract or parcel of land bounded and described as follows:
ALL THOSE TRACTS OR PARCELS OF LAND situate in the Town of Orchard Park, formerly Town of East Hamburg, County of Erie and State of New York, being the west part of Lot No. 26, Township 10, Range 7 of the Buffalo Creek Reservation, known as the Mile Strip, bounded and described as follows:
Reg. Mtg. # 6 Mtg. # 7 3/16/88 Page 2
PARCEL C
Bounded on the south by a line parallel to the south line of Lot 26 and distant 550 feet north therefrom; bounded on the west by the west line of Lot 26; bounded on the north by a line parallel with the south line of Lot 26 and distant 889.54 feet south (measured along the west line of Lot 26) of lands appropriated by the People of the State of New York for the Southern Expressway; bounded or the east and northeast by lands appropriated by the People of the State of New York for the Southern Expressway and by lands conveyed to the County of Erie by a deed recorded in the office of the Clerk of Erie County in Liber 7690 of Deeds at Page 285.
All of the foregoing parcels are situated within the following described premises:
ALL THOSE TRACTS OR PARCELS OF LAND situate in the Town of Orchard Park, formerly Town of East Hamburg, County of Erie and State of New York, being the west part of Lot No. 26, Township 10, Range 7 of the Buffalo Creek Reservation known as the Mile Strip, bounded and described as follows:
BEGINNING at the southwest corner of Lot No. 26, said point
being the intersection of the center lines of highways running easterly, and westerly and northerly; thence northerly on the westerly line of Lot No. 26, and in the center of the highway, 2421.8 feet to lands appropriated by the People of the State of New York for the Southern Expressway; thence bounding on the lands appropriated for the Southern Expressway the following 5 courses and distances: (1) Easterly 184.15 feet; (2) S 17°09'20"E 294.21 feet; (3) thence S 1°56'15"E 283.27 feet; (4) thence S 29°38'09"E 325.59 feet; (5) thence S 55°31'23"E 327.16 feet to lands conveyed to County of Erie by Deed recorded in Liber 7690 of Deeds at page 285; running thence southwesterly along said lands so conveyed to County of Erie 20 feet to a point; thence S 55°31'23"E 22 4(feet to a point; thence S 0°31'39"E 810.45 feet to a point; thence easterly parallel with the southerly line of said Lot No. 26,20 feet more or less to the centerline of said Lot No. 26; thence southerly along the centerline of said Lot No. 26, 470 feet more or less to the south line of said Lot No. 26; thence westerly along the south line of said Lot No. 26, 906.22 feet more or less to the place of beginning.
Reg. Mtg. # 6 Mtg. 1/7 3/16/88 Page 3
Grantee is giving to grantors a purchase money bond and mortgage recorded even date with this deed as part of the consideration for the purchase price of Parcels A, B, C and D, and establishing a purchase money mortgage lien on those parcels. Grantors hereby agree with grantee to enter into any and all instruments which may in the future be required to correct descriptions of any parcels of land which become released from the lien of that purchase money mortgage.
Grantors further agree to join with grantee in any and all instruments required to relocate or eliminate the water line agreement made by Frank A. Benzing with Magnus P. Benzing, dated September 9, 1949 and recorded September 12, 1949 in Libor 4576 of Deeds at page 470, which is set forth on Schedule B of this deed.
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 Curley requested clarification of the resolution.
Supervisor Woodard stated his motion was to approve rezoning of said property from 1-1 to R-4.
Upon this clarification of the motion, Councilman Mills withdrew his second as he understood the motion was to deny the rezoning as requested by Kawac, Ltd. from I-1 to R-4.
A discussion was held by members of the Town Board and the motion failed for lack of a second.
Old Business 1/1 - Decision on rezoning petition by John Bosse/Kawac Ltd.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, 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 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, Ltd.
/as conducted at the Municipal Building, S-4295 South Buffalo Street. Orchard Park, New York on the 3rd day of February, 1988 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 with the Town Board, and
WHEREAS, "denial" from the Town of Orchard Park Planning Board was received and filed with the Town Board,
NOW, THEREFORE, be it
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 3
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 4
RESOLVED, that the application of KAWAC, LTD. to rezone certain property at the intersection. at Benzing Road and Southwestern Boulevard is hereby denied for the following reasons:
a. The present I-1 zoning was established by the Orchard Park Zoning Commission after extensive study.
b. The premises is surrounded by property which is zoned I-1.
c. There has been no change in the area surrounding the subject property since the study by the zoning commission.
d. The Orchard Park Zoning Commission had numerous hearings with regard to the adoption of a new zoning ordinance and notice of those hearings was published in the official newspaper.
e. It is not in the public interest to rezone this property.
f. The comprehensive plan of the Town of Orchard Park as recommended by the Orchard Park Zoning Commission and adopted by the Orchard Park Town Board provides that subject premises be zoned industrial (I-1).
Aye Nay
E. B. Woodard Nay
J. J. Diggins Aye
D. J. Mill Aye
D. P. Curley Aye
J. J. Mills Aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #2 - Bond for officials
Town Attorney Leonard Berkowitz explained that this Bond is required by the State to be filed with the Town Clerk to cover all elected officials and employees of the Town and is now being recorded in the Erie County Clerk's Office.
3) 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 bonding to cover all elected officials and employees as required by the State of New York and as re-commended by the Town Attorney.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 5
At 8:05 P.M. EST, the Supervisor called for the information hearing re: 182 Lakeview Avenue. The Town Attorney explained that a notice had been submitted to Emanuel and Janet Moncalian, 190 Lakeview Avenue in the matter of a dangerous and/or unsafe building located on their owned property at 182 Lakeview Avenue. The notice states that this said building shall be demolished on or about March 17, 1988, if the unsafe and dangerous conditions have not been corrected by the owners. This service notified Mr. & Mrs. Moncalian that this hearing had been scheduled so they could appear before the Town Board and answer and state their position in this matter. Neither person appeared.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, the Town Board did schedule an information hearing on 3/16/88 at 8:05 P.M. EST, called for the hearing, and neither Emanuel or Janet Moncalian appeared at the hearing, and
WHEREAS, informal bids for the demolition of the unsafe and/or dangerous building have been received by the Building Inspector
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to enter into a contract with J. R. Tree, Inc., 1913 Davis Road, West Falls, N.Y. for the demolition of the unsafe and/or dangerous building located at 182 Lakeview Avenue at a cost not to exceed Three Thousand ($3,000.00) Dollars as recommended by the Building Inspector, and be it further
RESOLVED the expenses of said demolition and any other expenses incurred by the Town of Orchard Park shall be charged on his next tax bill.
Before the vote was taken, Councilman Diggins stated that these decisions were not made because the owners of said property did not appear at the hearing. Regardless, the property is in very bad shape and it is not fair to the neighbors, residents, etc. for the property to continue to be left in this condition.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Stadium Mobil, 3856 Southwestern Blvd. - Car Wash.
5) 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 4/6/88 at 8:05 P.M. EDT in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, to rezone property located at 3856 Southwestern Blvd. from B-2 to B-2 Special Exception Use for a two (2) bay car wash as petitioned by Stadium Mobil, Inc., and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 3/9/88, and be it further
RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 - P. Bruin, O.P. Collision, S.Taylor Rd. - 2 building extensions.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 6
RESOLVED that the Town Board be and is hereby authorized to approve the request from Peter Bruin, Orchard Park Collision, Inc., 4154 S. Taylor Rd. for a Building Permit for one (1) 420 sq.ft. and one (1)2,100 sq.ft. sq.ft. extension to existing building as recommended by the Planning Board 3/9/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 3/9/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Bells Market, N.Buffalo Rd. - Temporary Structure.
7) 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 Bells Market, 4050 N. Buffalo Rd. for a Building Permit for a temporary 21' x 64' structure as recommended by the Planning Board 3/9/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 3/9/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #6 -K-Mart, Southwestern Blvd. - Temporary Structure.
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 K-Mart, 3195 Southwestern Blvd. for a Building Permit for a temporary 20' x 50' structure as recommended by the Planning Board 3/9/88, and be it further
RESOLVED the Town Board does declare a Negative SEQRA Declaration as recommended by the Planning Board 3/9/88.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1- #14 - Referrals to the Planning Board.
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 refer to the Planning Board and Conservation Board the following items:
#1 - Theresa Cetkovic, 2284 Southwestern Blvd., zoned R-3. Requests Special Exception Use for a Home Occupation - Beauty Shop.
#2 - Tracy, Scott, Weiss, Davis & Gioia, 66 Weiss Road, zoned B-2. Requests Change In Use from residential to business - Doctors Office.
#3 - Birch Run Development Co. (Jack Bertsch), 6541 East Webster Road - Requests Change In Use from residential to commercial.
#14 - Phillip W. Walker, 6266 Scherff Road - Requests concept study of a proposed small retail outlet at 7172 Ellicott Road, zoned B-2.
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 7
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #5 - R. Long (Rolonco) - Townhouse Development, Webster Road.
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:
RESOLVED that the Town Board of the Town of Orchard Park has determined that the application for rezoning from R-3 to R-3 Special Exception Use on vacant land located on the south side of Webster Road, 1,200 feet east of Errington Terrace, as petitioned by Rolonco, Inc. (Quaker Hollow Town House Development) is a Type I Action for the purpose of SEQRA and/or will have a significant impact on the environment, and be it further
RESOLVED, pursuant to the State Environmental Review Act, the Town Board has determined that this application should be considered with, and in conjunction with, all other appropriate agencies which shall ultimately issue permits in the event that this project is approved, and be it further
RESOLVED that the Town Board 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, Rolonco, Inc. (Quaker Hollow Town House Development), prepare a draft Environmental Impact Statement which, among other things, will address the issue of drainage, ingress and regress in regard to proposed project, 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.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
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 approve the application for P.I.P. #185 - Lakeridge Subdivision - Phase I, as requested by Gary Eckis and as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) 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 Public Hearing on 4/20/88 at 8:05 P.M. EDT in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone property located at 5745 Big Tree Road from B-2 to I-1 for use in light manufacturing, as petitioned by A. Lunt Design, Inc., and be it further
RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.
Reg. Mtg. #6 Mtg. # 7 3/16/88 Page 8
THE RESOLUTION WAS DULY ADOPTED.
13) 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 schedule a Public Hearing on 4/20/88 at 8:05 P.M. EDT in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone from R-3 to R-2, the section of property located west of Rt 277, north of Powers Rd., south of Armor Rd. and east of Rt 219 as recommended by the Ad Hoc Zoning Committee, and be it further
RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) 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 schedule a Public Hearing on 4/20/88 at 8:05 P.M. EDT in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:
Chapter 11414 - Zoning Ordinance Article II
§'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 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.
PLAZA - A business or shopping center with a frontage of one hundred (100) feet or more.
§11414-5 B - Sign add the reference:
(See Awning, Canopy, Awning Sign, Freestanding Sign, Marquee, Pedestal Sign, Political Sign, Projecting Sign and Temporary Sign)
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 9
§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 fluorescent 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.
§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.
§144-30 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.
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 10
§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 B, 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:
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 condominiums 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 E through I will be inserted herein as they are presently set forth in the ordinance.
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 11
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.
and be it further
RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
WHEREAS, Councilman Mill, the Town Attorney and the Town Engineer have negotiated as agreement with the Architect selected for the design of the Municipal Building Expansion Project
NOW, THEREFORE, be it
RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign an agreement with Duchscherer Oberst Design, P.C., 2320 Elmwood Ave., Buffalo, New York which provides for 1] the schematic and design development stages of the proposed expansion project by 8/15/88 at a lump sum cost of Sixty-five Thousand Six Hundred twenty-five($65,625.00) Dollars, 2] soil borings, rendering and models as required for a maximum cost of Twenty-three Thousand ($23,000.00) Dollars before our projected 11/8/88 referendum date, and 3] some supervision and administration during construction at a cost not to exceed One Hundred ninety-six Thousand Eight Hundred seventy-five ($196,875.00) Dollars, and be it further
RESOLVED the initial Eighty-eight Thousand Six Hundred twenty-five ($88,625.00) Dollars shall be funded from the Capital Reserve Fund and the balance shall be funded from any future bond issue which may be authorized.
At this time, Supervisor Woodard requested Councilman Diggins to serve on the Building Committee with Councilman Mill.
The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:
E. B. Woodard voting aye
J. J. Diggins voting aye
D. J. Mill voting aye
D. P. Curley voting aye
J. J. Mills voting aye
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #6 Mtg. #7 3/16/88 Page 12
16) 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 the Town Engineer to advertise for applications to fill the newly created position of Assistant Municipal Engineer as provided in the 1988 Engineering Department Budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) 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 Warrant #5 following auditing by members of the Town Board and in the funds indicated.
WARRANT #5
GENERAL FUND $119,913.61
PART TOWN FUND 4,102.45
HIGHWAY FUND 39,408.23
SPECIAL DISTRICTS FUND 59,157.04
TRUST & AGENCY FUND 30,209.91
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:
RESOLVED that the Town Board be and is hereby authorized to receive and file the communication as entered on the agenda:
1. New York State Department of Transportation:
1] Notice of Order - Removal of Stop Signs on Angle Road at Rt 20 intersection
2] Notice of Order - Installation of signal at Angle Rd. at Rt 20 intersection
THE RESOLUTION WAS UNANIMOUSLY ADOPTED. BUSINESS FROM THE FLOOR
1. Dennis J. Boyle, Jr., 51 Heritage Dr., Lancaster, N.Y. - owner and developer of subdivision known as Pleasant Acres. He stated he had sent two letters to the Town in the matter of the downstream drainage problem and has not had an answer to either letter. Development of this property is contingent upon the cleaning of the natural flowing stream and Mr. Krull, the owner of land which must be entered on to get this work completed, has refused to allow entry on his property. He suggested the Town attempted to ban this property so that this work can be done.
A discussion was held by members of the Town Board, the Town Attorney and the Town Engineer. Many items were discussed including the possibility of starting with another phase of the proposed subdivision. It was suggested that Mr. Boyle, Mr. Higby, Planning Coordinator, Town Attorney Berkowitz and Town Engineer Merritt get together to review all areas, angles and problems of the proposed subdivision.
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2. Gary Eckis, developer of Lakeridge Subdivision, South Freeman Road appeared be-fore the Town Board requesting they authorize the payment of recreation land fees be made as each new phase of the subdivision is started instead of payment for all lots in the complete proposed subdivision as approved. He stated he had just paid Sixteen Thousand ($16,000.00) Dollars for recreation land fees for Lakeridge Subdivision. He feels it is a strain on the developer to have to pay this amount of money up front, and if his request is approved he would like a refund on part of these fees already paid.
A discussion was held by members of the Town Board, the Town Attorney and Town Engineer in the matter of the pros and cons in this matter. Councilman Mill stated he is not in favor of payment of partial recreation land fees as the present rule for payment is one way of knowing the project shall be completed. Town Engineer Merritt believes the policy of full payment for recreation land fees should remain as it is and not be paid in installments.
19) 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 approve the request from Gary Eckis, developer of Lakeridge Subdivision, to pay the necessary recreation land fees for each phase of the subdivision as it is started instead of the completed subdivision total recreation land fees at the time of approval, and be it further
RESOLVED Mr. Eckis shall provide the Town of Orchard Park with a Letter of Credit,
to be kept in force at all times, which shall cover the total cost of recreation land fees for the subdivision as approved, minus the cost of recreation land fees for the phase being developed at this time, to provide security to the Town that the remaining recreation land fees shall be paid, and be it further
RESOLVED Mr. Eckis shall be reimbursed for the overpayment of recreation land fees which shall be determined by the Building Inspector.
E. B. Woodard Aye
J. J. Diggins Aye
D. J. Mill Nay
D. P. Curley Aye
J. J. Mills Aye
THE RESOLUTION WAS DULY ADOPTED.
3. Marvin Ashburn, 6326 Benning Rd - Requested the Town Board review the possibility of the north and/or south end of Benning Road being designated as a subdivision as lots (5 or more) are being sold.
4. Frank Newton, 6463 Bunting Rd. - stated he feels the Town should not get involved with the drainage problem in the Pleasant Acres Subdivision.
There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:00 P.M. EDT.
Respectfully submitted,
Betty K. Reukauf Town Clerk
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