Reg. Mtg. #19     Mtg. #23  10/ 5 /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 5th day of October 1988 at 8:00 P.M. EDT and there were

 

PRESENT AT ROLL CALL:                 E. B. Woodard       Supervisor

D. J. Mill           Councilman

D. P. Curley         Councilman

J. J. Mills          Councilman

P. D. Barnas         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 7/20/88, 7/27/88 9/7/88. 9/14/88 and 9/21/88, 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 advertise time, the Supervisor called for the Public Hearing to hear all interested parties and citizens for or against the adoption of the creation of the Establishment of Extension 6 of Water District 6 of the Hamburg/Orchard Park Joint Water District in the Town of Orchard Park.

 

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

 

PROPONENTS

 

No one spoke. OPPONENTS

 

No one spoke.

 

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

 

RESOLVED that the Public Hearing in the matter of extension 6 of Water District 6 be and is hereby closed at 8:08 PM EDT.

 

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

RESOLVED that the Town Board be and is hereby authorized to adopt the Order establishing extension #6 of the Joint Hamburg/Orchard Park Water District #6 located in the Town of Orchard Park, and be it further

 

RESOLVED a copy of said Order is attached to these minutes.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING

 

At 8:05 P.M. EDT, the advertise 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 83± acres of land located on the west side of Scherff Road approximately 1 mile south of Route 240 from A-1 to R-1 as petitioned by Edmond Gicewicz for construc­tion of a single family subdivision.

 

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

 

1. Dr. Edmond Gicewicz, Petitioner - He reviewed his petition for the proposed rezoning including years of ownership of the property, his desire to have a plat plan to take ad-vantage of the rolling landscape, beauty and character of the land, compatibility with surrounding homes, and he filed a petition with the Town Clerk with signatures in favor of the rezoning.

 

2. Allan Walsh, 30 Wildwood Lane

 

3. Leonard LaCongo, 6480 Benning Road

 

4 Sebastian Graffes, Esq., 18 Poplar Avenue OPPONENTS

 

1.       Toni Cudney, 5991 Scherff Road - Filed a petition with the Town Clerk, signed by approximately 145 residents in opposition to the rezoning. She read a prepared paper and acted as spokesman for the area group. There is no objection for the development of the said property as allowed under the present A-1 zoning with one acre lots. She presented photos showing Scherff Road in the winter as a snow clogged roadway being one of the detrimental factors in this action. This, along with the extra traffic, diminishing wild life and environment, possible drainage problems, and considering. this is spot zoning, were listed as reasons for their opposition.

 

She also stated the residents have had many complaints with area youths trespassing on land, partying on said property, litter and vandalism. Complaints to Dr. Gicewicz have gone unheeded until recently.

 

2.       Betty Lanich, 5987 Scherff Road

3.       Charles Reukauf, 5735 Chestnut Ridge Road - warned the Town Board of the possible added drainage problem that could be a result of this petition for rezoning. There is much water and drainage coming down the hill onto his land now, let alone if these homes are allowed to be built.

 

4.       Donna Shine, 6350 Scherff Road.

 

5.       Harold Knittel, 6130 Scherff Road

 

6.       Richard Kay, 6525 Scherff Road

 

Reg. Mtg. #19   Mtg. #23  10/5 /88   Page 3

7.       John Clark, Webster Road - Questioned use of sewers? If so, Town owned or privately owned?

 

8.       James Leith

 

9.       Henry Lewandowski, 6565 Scherff Road - The intersection of Rt 240 and Scherff Road is a serious problem and certainly cannot handle the added traffic flow.

 

10.   Anne Wasmund, 6151 Scherff Road

 

11.   Susan Pyle, 5859 Scherff Road

 

12, Albert Hellinger, 5 Bruce Drive

 

13.       Fred Gernold, 5735 Chestnut Ridge Road

 

14.       John Bernard, 6740 Powers Road

 

15.       Ginny Taber Werner, 7043 East Quaker Road

 

17.       Tom Diggins, member of Conservation Board - Explained Conservation Board's position in this matter and reasons for being opposed to the rezoning.

 

18.       Charles Dunham, 6783 Scherff Road

 

19.       Donald Pietsch, 5574 Scherff Road

 

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

 

RESOLVED that the Public Hearing in the matter of Edmond Gicewicz rezoning petition be and is hereby closed at 8:45 PM EDT.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

4 ) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, 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 83± acres of land located on the west side of Scherff Road approximately 1/2 mile south of Route 240 from A-1 to R-1 as petitioned by Edmund Gicewicz for construc­tion of a single family subdivision

 

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 5th day of October, 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 receive and filed by the Town Board, and

 

WHEREAS, denial 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 NOW, THEREFORE, be it

 

RESOLVED AND ORDAINED, that the request to amend the Zoning Ordinance and the Zoning Map of the Town of Orchard Park, which amendment provides as follows:

 

To rezone 83± acres of land located on the west side of Scherff Road approximately 1 mile south of Route 240 from A-1 to R-1 for construction of a single family subdivision

 

be and is hereby denied.

 

Reg. Mtg. #19   Mtg. #23  10/5/88   Page 4

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Councilman Mill stated the reasons are obvious why the Town Board and Planning Board are taking the position for denial in this rezoning request. It is not the fact of "profit" but the land use for zoning that is important. Dr. Gicewicz shall still be able to pursue a one family home subdivision on his land as it is zoned presently, A-1

 

Councilman Curley stated he was a little disappointed that the Town Board decided to call for a vote tonight on this rezoning request. I realize we, as a Board, do not want dense development but with the information received tonight; he believes they should have received and studied facts before they made a decision.

 

Old Business #1- J.E.Perrin, Southwestern Blvd. - Parking Permit.

 

5 ) 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 approve Parking Permit #75 for John E. Perrin, 3715 Southwestern Blvd. as recommended by the Building Inspector.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #2 - Award Bid for Vistula Avenue Gutters.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to award the bid for the installation of concrete gutters on Vistula Avenue, funded wholly or partially with Federal Funds, to A.B.P. Concrete Construction Co., 41 Shoreham Drive, Buffalo, N.Y.

in an amount not to exceed Thirty-one Thousand Four Hundred fifty ($31,450.00) Dollars, they being the lowest responsible bidder thereof and as recommended by the Town Engineer.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #3 - Award Bid for Municipal__ Center Parking Lot-South.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to award the bid for the installation of the Municipal Center Parking Lot-South, to Omer Construction, Inc..

621 Aero Drive, Buffalo, N.Y. in an amount not to exceed Thirty-six Thousand Six Hundred twenty-six Dollars and Twenty-five cents ($36,626.25) they being the lowest responsible bidder thereof and as recommended by the Town Engineer.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.


Reg. Mtg. #19   Mtg. #23  10/ 5 /88 Page 5

 

 

Councilman Mill reported the Town Board has been in touch with the Village Board of Orchard Park and hopefully the Village will agree to help monetarily with the Muni­cipal Parking Lot-South construction.

 

Old Business #4 - Highland Hills,Bridle Path rezoning; rescind Public Hearing schedule.

8 ) 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 rescind Resolution #13 of The Town Board Meeting 9/21/88 scheduling a Public Hearing for Highland Hills, Inc. on 0/19/88 at 8:05 PM EDT to rezone from R-1 to R-3 approximately 25 acres of land south

)f Bridle Path, west of Freeman Road for construction of a 68 unit Town Hosue Development.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #5 - Real Property Tax Exemption ; rescind Public Hearing schedule.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to rescind Resolution #35 of the Town Board Meeting 9/21/88 scheduling a Public Hearing on 10/19/88 at 8:05 PM EDT in the matter of the Real Property Tax Exemption for the Elderly.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Old Business #6 - Rescind Bid Opening for purchase of Truck Cab & Chassis - Highway.

 

10) 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 rescind Resolution #39 of the Town Board Meeting 9/21/88 scheduling a Bid Opening on 10/2/88 at 11:00 A.M. EDT for the purchase of one (1) new Truck Cab and Chassis for the Highway Department.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

!w Business #1 - O.P. Central School Annual Homecoming Parade.

 

1) 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 Orchard Park Central School for permission to hold their annual Homecoming Parade on the streets of the Town of Orchard Park on 10/8/88 as recommended by the Police Chief.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

        Reg. Mtg. #19  Mtg. #23  10/5 /88  Page 6

New Business #2 - #6 - Referrals to the Planning Board.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the following items as listed on the agenda:

 

#2 - Expert Fence& Lumber, Inc., S2881 Southwestern Blvd. - Requests Building Permit to erect Pole Barn.

 

#3 - Lehigh Construction Group, Inc., parcel surrounding the cluster of buildings at the southeast corner of Southwestern Blvd. and California Road and extends to the B & 0 Railroad right of way and the Taylor Pohlman property line (for McGuard Inc.). Requests Building Permit & conceptual review for a 150,000 sq.ft. facility.

 

#4 - C. M. Richardson & Associates, 3175 Orchard Park Road. Requests concept review of proposed new building complex.

 

#5 - Frank Downing, Auto Mall on Southwestern Blvd. - Requests temporary building application to place a temporary 10' x 50' office for Mitsubishi Franchise on Suzuki site.

 

#6 - Chet Kruszka Farms, 7025 Ellicott Road - Requests Building Permit for a 50' x 100' building for a store or restaurant.

 

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #7 - Set Public Hearing for Proposed Preliminary Budget.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on 10/12/88 at 7:00 P.M. EDT to consider the proposed Preliminary Ad Valorem Budget for the year 1989 for the Town of Orchard Park.

 

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

New Business #8 - Set Public Hearing for Proposed Benefit Basis Special__ Dist. Budget.

 

14) 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 10/12/88 sat 7:00 P.M. EDT to consider the proposed Benefit Basis Special District Budget for the year 1989 for the Town of Orchard Park.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #19  Mtg. #23   10/5 /88  Page 7

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

 

RESOLVED that the Town Board be and is hereby authorized to approve the appointment of Doris L. Riley, 400 Vistula Avenue, as a crossing guard as, provided in the budget and as recommended by the Police Chief.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

16) 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 direct the Town Attorney to proceed with Final dedication of Chapel Hill Subdivision sanitary sewer as con­structed under P.I.P. #180 as recommended by the Town Engineer.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to direct the Town Attorney :o proceed with dedication of Lakeridge Subdivision, Phase I as constructed under P.I.P. #185 and as recommended by the Town Attorney.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

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

WHEREAS, the Town Board of the Town of Orchard Park did direct the Town Attorney on on 10/5/88 to proceed with dedication of Lakeridge Subdivision, Phase I, and

 

WHEREAS, in order for the water supply to be turned on for the newly dedicated portion of Lakeridge it is necessary for the Town of Orchard Park to enter into an agreement with Erie County Water Authority for the sale of water and for the operation and main­tenance of the water lines

 

NOW, THEREFORE, be it

 

RESOLVED that the Town Board be and is hereby authorized to direct the Supervisor to sign the Lease Management Agreement with Erie County Water Authority for Orchard Park Water District #17 extension #1.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 Reg. Mtg. #19   Mtg. #23  10/ 5 /88  Page 8

19) 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 direct the Supervisor to sign the agreement with R D Engineering and Land Surveying, Buffalo, N.Y. for cer­tain professional engineering services relating to the water system improvement pro-grans for the Joint Town/Village Water Project at a cost no to exceed Ninety-five

Thousand Six Hundred ($95,600.00) Dollars and as recommended by the Town Engineer.

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

20) 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 all entries on Warrant # 18 and the End of Month Warrant for September 1988 following auditing by members of the Town Board and in the funds indicated:

WARRANT #18             END OF MONTH

GENERAL FUND                          $72,505.37              $76,125.02

PART TOWN FUND                          1,612.40                3,876.28

HIGHWAY FUND                           20,450.12               19,361.03

SPECIAL DISTRICTS FUND                 31,332.44                8,058.74

TRUST AND AGENCY FUND                  29,715.92               15,036.80

CAPITAL FUND (Norstar)                    212.40                  -

COMMUNITY DEV, FUND                       255.60                  -

 

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

21) 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 receive and file the Communications as entered on the Agenda:

 

1. E.C. Environmental & Planning - Notice of Public Hearing 10/27/88 to consider an amendment to Erie County Environmental Quality Code.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

 

RESOLVED that the Town Board be and is hereby authorized to receive and file the Building Permits and the Building Inspector's Monthly report for September 1988.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

 

Reg. Mtg. #19  Mtg. #23  10/ 5 /88 Page 9

BUSINESS FROM THE FLOOR

 

David Marchiori, 6280 Webster Road, Ronald Blemel, 6283 Webster Road. Dennis Lauricella, 6292 Webster Road  -  Requested the Town Board to give an update on the progress re: drainage problems on Webster Road

Councilman Curley stated he has been in touch with County Legislator Steve Pigeon,. explained the problems, and the grave necessity of immediate correction of the problem because of the inclement weather with the coming of winter.

 

Supervisor Woodard stated he has been in touch with Legislator Steve Pigeon and he shall be in touch with the County in this matter. As soon as Steve shall get back to him, the Supervisor shall be in touch with these residents.

 

20.       William Pfeil, Triton Valley Estates - stated approximately two years ago the Town was in the process of preparing a Mobile Park Ordinance. Time is going by and it is costing his company money. He would request the Town Board to schedule him at one of their work sessions in the very near future.

 

Councilman Mills stated he feels Mr. Pfeil has been very patient and he is entitled to a place on a future work session. Perhaps, if the Town Board desires, the Ad Hoc Com­mittee that is being activated could review the material on file for the Mobile Home Ordinance and report back to the Town Board in this matter.

 

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

 

RESOLVED that the Town Board be and is hereby authorized to schedule William Pfeil on the work session meeting on 11/9/88 to review the Mobile Home Ordinance.

 

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 9:30 P.M. EDT.

 

 

Respectfully submitted, Betty K. Reukauf, Town Clerk