Reg. Mtg. #10  Mtg. #11  5/18/88  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 18th day of May, 1988 at 8:00 P.M. EDT,and there were

 

PRESENT AT ROLL CALL:                E. B. Woodard      Supervisor

J. J. Diggins       Councilman

D. P. Curley        Councilman

J. J. Mills         Councilman

Betty K. Reukauf    Town Clerk

L.      Berkowitz       Town Attorney

Joseph Campion      Ass't. Building

R. C. Henning       Police Chief

R. A. Geitter       Supt. of Highways

M.      R. Merritt      Town Engineer

 

ABSENT:    D. J. Mill    Councilman - in hospital

R. W. Sweet   Building Inspector - recuperating at home

 

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered. 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 R-3 to R-3 Special Exception Use for Home Occupation for

Beauty Shop on land located at 2284 Southwestern Blvd. as petitioned by Theresa Cetkovic.

 

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

 

Theresa Cetkovic, 164 Willett Road, Blasdell, N.Y.

OPPONENTS

 

1. Paul Gorman, 2296 Southwestern Blvd. - filed a petition in opposition to rezoning from residents of area

2.    June Smith, 3 Hazel Court

3.    Bradley Griffith, 2312 Southwestern Blvd.

 

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

 

RESOLVED that the public hearing in the matter of rezoning petition of Theresa Cetkovic be and is hereby closed at 8:14 PM EDT.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

2 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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, which amendment provides as follows:

 

To rezone property from R-3 to R-3 Special Exception Use for Home Occupation for Beauty Shop on land located at 2284 Southwestern Blvd. as petitioned by Theresa Cetkovic

 

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 18th day of May, 1988 at which all interested parties were given an opportunity to be heard, and

 

Reg. Mtg. #10  Mtg. #11  5/18/88  Page 2

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

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to deny the rezoning of 2284 Southwestern Blvd. from R-3 to R-3 Special Exception Use for Home Occupation for Beauty Shop as petitioned by Theresa Cetkovic.

 

 

THE RESOLUTION WAS DULY 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 from R-2 to R-2 Special Exception Use on land located at 5200 Chestnut

Ridge Road for proposed construction of 120 bed home for adults/retirement and limited health care facility as petitioned by National Health Care Affiliates.

 

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.

 

The Supervisor filed a letter in favor of this project from Monsignor Beasley, Nativity of Our Lord Catholic Church.

 

PROPONENTS

Mr. Hamister, 11 Briar Hill Road]

Mark Hamister, Williamsville. N.Y.] Robert Lennartz, 51 Timberlake Dr.]

 -Representing National Health Care AffiliatesGeorge & Kathryn Hart, 5971 Bunting Road Roland Pigeon, 5240 Chestnut Ridge Road

 

OPPONENTS

No one spoke.

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

 

RESOLVED that the Public Hearing in the matter of rezoning petition by National Health Care Affiliates be and is hereby closed at 8:25 PM EDT.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

4 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, 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, which amendment provides as follows:

 

To rezone form R-2 to R-2 Special Exception Use on land located at 5200 Chestnut Ridge Road for proposed construction of 120 bed home for adult/retirement and limited

IC'! Reg. Mtg. #10  Mtg. #11  5/18/88  Page 3

 

health care facility as petitioned by National Health Care Affiliates

 

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 18th day of May 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 by the Town Board, and

WHEREAS, approval 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 R-2 to R-2 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, State of New York, being part of Lot #13 Township #9 Range # 7 of the Holland Land Company's survey more particularly described as follows:

 

Beginning at a point in the center line of Chestnut Ridge Road 911.00 feet north of the intersection of the center line of Chestnut Ridge Road and the south line of Lot #13 Township *9 Range #7; thence northerly along the center line of Chestnut Ridge Road 895.81 feet to a point; thence westerly at an included angle of 91 degrees 12 minutes and 2 seconds 1,599.98 feet along the south line of lands conveyed to Amole by deed recorded in the Erie County Clerk's Office in liber 2154 of deeds at page 138 to the west line of Lot #13 Township #9 Range #7; thence southerly along the west line of said Lot #13 795.62 feet to the northwest corner of lands conveyed to Hickory Hill Swimming club, Inc. by deed recorded in Erie County Clerk's Office in liber 7161 of deeds at page 109; thence easterly along the north line of-lands of the Hickory Hill Swimming. Club, Inc. as aforesaid 1075.42 feet to the northeast corner of lands of the Hickory Hill Swimming Club. Inc. as aforesaid; thence southerly and parallel with the west line of Lot *13 100.00 feet to the southeast corner of lands conveyed to Hickory Hill Swimming Club, Inc. as aforesaid; thence easterly at an included angle of 89 degrees'42 minutes 58 seconds 547.76 feet to the center line of Chestnut Ridge Road at the point or place of beginning. Excepting therefrom all lands within the bounds of Chestnut Ridge Road. Containing an area of 29.74 acres of land be the same more or less.

 

This Ordinance shall take effect immediately in accordance with law.

 

 

THE RESOLUTION WAS DULY ADOPTED.

Old Business #1 - P.Walker, Ellicott Rd. - Retail Sales, storage and office.

 

5 ) 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 request from Philip Walker, 7172 Ellicott Road for a Building Permit for retail sales, storage

and office facility and to declare a Negative SEQRA Declaration as recommended by the Planning Board 5/11/88.

 

THE RESOLUTION WAS DULY ADOPTED.

 

Reg. Mtg. #10  Mtg. #11  5/18/88  Page 4

Old Business #2 - V.Lucci, Lake Ave. - Rezone for Two Family House:

 

6 ). 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 schedule a Public Hearing on 6/15/88 at 8:05 PM EDT to rezone vacant property located on the south side of Lake Avenue from B-2 to R-3 for construction of a Townhouse and to declare a Negative SEQRA Declaration as recommended by the Planning Board 5/11/88, and be it further

 

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

 

 

THE RESOLUTION WAS DULY ADOPTED.

Old Business #3 - Robert Dombrowski, vacant land southwest corner of Powers Road and Burton Road - Requests rezoning from R-2 and A-1 to I-1 for commercial storage. Plann­ing Board recommends denying Petitioner's request. Public Hearing scheduled for 6/1/88 at 8:05 PM EDT.

 

No Board action necessary.

New Business #1, #2 and #4 (Not on agenda) - Referrals to Planning Board.

 

7 ) 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 - F.G. Downing - Auto Mall, Southwestern Blvd. - Requests Building Permit for Suzuki Sales & Service Facility.

#2 - Joseph & Lydia Prager, 5880 Taylor Road - Requests Change in Use from business to Landscape and Garden Center.

#4 - Custom Countertops, Inc., 2993 Angle Road - Requests Change in Use from residence to showroom for display of Kitchen Cabinets & formica countertops (not on agenda)

 

THE RESOLUTION WAS DULY ADOPTED.

New Business #3 - Lakeridge Development, Freeman Rd. - Excavation Permit.

 

8 ) 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 Excavation Permit Application #3-1988 - Centerline Gravel Products, Inc., 2009 Rt #78, Java Center, N.Y. for Lakeridge Subdivision Project as recommended by the Town Engineer.

 

THE RESOLUTION WAS DULY ADOPTED.

 

9 ) THE FOLLOWING RESOLUTION 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 direct the Supervisor to sign the invoices from the County of Erie for payment of snow and ice control expenses for the 1987 - 1988 winter season - 45.14 lane miles @ $1,000.00/lane mile for a total payment of $45,410.00.

/// Reg. Mtg. #10  Mtg. #11  5/18/88  Page 5

 

THE RESOLUTION WAS DULY ADOPTED.

 

10) 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 approve the appointment of the following to the Summer Recreation Staff as recommended by the Recreation Director:

 

 

 

 

NAME

ADDRESS

POS

HRS

Bray, Daniel

37 Stoneybrook

D/C aide

30

Cook, Carrie   '

4424 Calif. Rd.

D/C aide

30

Gonzalez, Darryl

5956 Seufert

P/G aide

35

Guido, Jennifer

30 Hawthorne

Theatre/aide

30

Lam, Andre

82 Stonehenge

Lifeguard/swim

35

Leiffer, Marijean

71 Princeton

D/C aide

30

Milanoski, Michelle.

6678 Powers Rd.

D/C aide

30

Nowak, Chris

5856 Benning

D/C Dir.

30

Nowicki, Derek

48 Tanglewood

Theatre/aide

30

O'Connor, Chris

284 Stonehenge

Lifeguard/Swim

35

Scarpello, Rachel

4 Forsythia Ct.

P/G aide

35

Swartwout, Kristen

30 Green Lake

Lifeguard/swim

35

Wilson, Kristen

68 Larned Lane

D/C aide

30

Sarafin,Teresa

7 Ridgewood Dr.

D/C aide

30

Monile, Patrick

7 Timothy Dr.

B/Ball aide

30

THE RESOLUTION WAS DULY ADOPTED.

 

Councilman Diggins reported he understands there has been a Rock Concert scheduled at Rich Stadium in June. A meeting has been scheduled by the Town Board with officials

of Rich Stadium to discuss the impact and problems the concert could have on our town.

 

Councilman Mills reported 1] the County Attorney has recommended the removal and/or demolition of the "Windmill", 2] the Town intends to have an on going maintenance of Green Lake as suggested by the people from Fredonia who came into evaluate the lake 3] he feels the Town should consider developing the California Road property into a recreation area and consider having a pool there, 4) he shall suggest to the Town Board that they create a Senior Citizen Advisory Board who shall bring thoughts and

needs of the community to the Board's attention and 5] hopes the Town Board shall

act to reactivate the Ad Hoc Committee on Zoning.

 

Ass't. Building Inspector Joseph Campion reported Bob Sweet is still on crutches but has started back to work full time.

 

Highway Superintendent Ronald Geitter announced that there will be a seminar on re-cycling held at Erie community College South on 5/23/88 and he urges all members of the Town Board and other interested persons attend.

 

       Reg. Mtg. #10    Mtg. #11    5/18/88  Page 6

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

WHEREAS, the members of the Town Board have had an opportunity to read and review the Bond Resolution authorizing the purchase of the parcel of real property known as the Old Post Office and the building situated thereon, stating the estimated maximum cost thereof is $400,000, appropriating said amount therefor, and authorizing the issuance of $400,000 serial bonds of said town to finance said appropriation

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to adopt the Bond Resolution authorizing the purchase of real property known as the Old Post Office and the building situated thereon, stating the estimated maximum cost thereof is $400,000, appro­priating said amount therefor, and authorizing the issuance of $400,000 serial bonds of said town to finance said appropriation

A complete copy of this bond resolution is attached to these minutes.

 

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           absent

D. P. Curley         voting aye

J. J. Mills          voting aye

 

THE RESOLUTION WAS DULY ADOPTED.

 

12) 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 Dump Body with conveyor to Valley Truck & Equipment Co., Inc., 9776 Trevett Road, P.O. Box 156, Boston, N.Y. at a cost not to exceed Twelve Thousand Nine Hundred ninety-five Dollars ($12,995.00) as recommended by the Highway Superintendent.

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

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

WHEREAS, the Town Board had previously authorized the Town Engineer to apply for financial assistance through the Western New York Economic Development Corpora­tion to help offset the cost of constructing new sanitary sewer and waterlines to serve the proposed Carleton Technologies site, and

 

WHEREAS, Carleton has also applied for a grant/loan for the cost of their site devel­opment work, and

WHEREAS, the New York State Urban Development Corporation, in reviewing these appli­cations, has required that they be filed jointly, and

 

WHEREAS, the Erie County Industrial Development Agency has indicated a willingness to act as the lead agency for the co-application and this will mean that all of the grant funds (if approved) will pass from New York State through ECIDA before they come to the town

 

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to request the ECIDA to be the applicant for REDPP funding for the Town of Orchard Park/Carleton Technologies,Inc. Retention and Expansion Project.as recommended by the Town Engineer.

 

 

Reg. Mtg. #10   Mtg. #11  5/18/88  Page 7

 

E. B. Woodard  aye

J. J. Diggins  aye

D. J. Mill     absent

D. P. Curley   abstained - conflict of interest

J. J. Mills    aye

 

THE RESOLUTION WAS DULY ADOPTED.

 

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 approve all entries on Warrant #9 following auditing by members of the Town Board and in the funds indicated:

 

WARRANT #9

GENERAL FUND                         $148,671.00

PART TOWN FUND                          4,279.62

HIGHWAY FUND                           30,653.12

SPECIAL DISTRICTS FUND               486,239.16

TRUST & AGENCY FUND                    21,723.44

DEBT SERVICE FUND                    479,449.39

 

 

THE RESOLUTION WAS DULY ADOPTED.

 

15) 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 receive and file the communications as entered on the agenda:

1.       Town of Marilla & Town of Amherst ] Adopted resolution opposing increase to the Real Estate Transfer Tax.

 

2. Town of Grand Island - Adopted resolution re: the sole jurisdiction of proposed waterfront development.

 

 

 

THE RESOLUTION WAS DULY ADOPTED. BUSINESS FROM THE FLOOR

 

Paul Barnas, 3871 N. Freeman Rd. 1] questioned the issuance of the Excavation Permit for Lakeridge and who will be responsible to take care of the pond so it will not become another Freeman Pond. The Town Attorney stated this pond is nothing like Freeman Pond which is owned by all surrounding lake property owners. This pond shall be the responsibility of the Lakeridge Home Owners Association. and 2] requested the amount of money in the recreation land fees fund.

 

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:56 PM EDT.

 

Restfully submitted,

 

 

Betty K. Reukauf

Town Clerk