Reg. Mtg. #19 Mtg. #20 10/7/92 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 7th day of October, 1992 at 8:00 P.M. EDT and there were

PRESENT AT ROLL CALL: D. J. Mill Supervisor

J. J. Mills Councilman

P. D. Barnas Councilman

D. M. Buyer Councilman

N. W. Ackerman Councilwoman

Betty K. Reukauf Town Clerk

L. Berkowitz Town Attorney

R. W. Sweet Building Inspector

R. C. Henning Chief of Police

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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 9/16/92 as presented by the TownClerk, 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 8:00 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 a conservation easement on the following property and to authorize the Town Assessor to determine the valuation of the property taking into account the limitation on the future use of the land imposed by such conservation easement consisting of approximately 16± acres zoned Agriculture. The record owner of property located at 6741 Cole Road is Marilyn C. Schwindler.

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

Alex Nicoloff, 6907 Cole Road - Taxpayers will pick up the amount reduced on this property. He also questioned whether town residents can use this property for hunting etc. and what is the % rate of reduction?

Supervisor Mill stated the property is not removed from the private ownership and the of tax reduction depends on the length of time for which it is accepted.

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

RESOLVED that the Public Hearing in the matter of the conservation easement at 6741 Cole Road be and is hereby closed at 8:17 P.M. EDT.

Reg. Mtg. #19 Mtg. 20 10/7/92 Page 2

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill stated the Board shall take all information they received tonight, review it, and make a decision in the very near future.

PUBLIC HEARING

At 8:00 P.M. 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 R-3 on vacant land located at the corner of California Road and Summit Avenue as petitioned by Henry J. Lubkowski.

PROPONENTS

Henry Lubkowski, Petitioner - Presented photos of previous homes he has built which shall be the style of home he wants to put on this property.

Supervisor Mill filed a letter from the Mansard Inn approving of the rezoning.

OPPONENTS

No one spoke.

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

RESOLVED that the Public Hearing in the matter of the rezoning petition of Henry Lubkowski be and is hereby closed at 8:22 P.M. EDT.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, 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 R-3 on vacant land located at the corner of California Road and Summit Avenue as petitioned by Henry J. Lubkowski for the purpose of construction of a duplex home

was conducted at the Municipal Building, S-4295 South Buffalo Street, Orchard Park, New York on the 7th day of October 1992 at which all interested parties were given an opportunity to be heard, 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 NOW, THEREFORE, be it

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 3

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 R-3 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 Number thirty-one (31), Township ten (10), Range seven (7), of the Buffalo Creek Reservation and further distinguished as parts of subdivision lots numbers ninety-six (96), ninety-seven (97), and ninety-eight (98) as shown on_. map filed in the Erie County Clerk^'s Office under cover number 1534, and more particularly described as follows:

Beginning at a point in the south line of Summit Avenue as shown on Map Cover No. 1534 distant 48 feet westerly from the intersection of the southerly line of Summit Avenue and the easterly line of subdivision lot no. 96 as shown on aforesaid map, said point also being the northwest corner of lands conveyed to Melvina A. Sager by deed recorded in the Erie County Clerk^'s office in Liber 3864 of Deeds at page 177; thence southerly at right angles to the southerly line of Summit Avenue and along the westerly line of lands conveyed to Melvina A. Sager by aforesaid deed 112 feet to the southwest corner of Sager's land; thence easterly at right angles and along the southerly line of Sager's land 40 feet to the southeast corner of lands conveyed to Melvina A. Sager by aforesaid deed, said point also being in the westerly line of lands conveyed to Melvina A. Sager by deed recorded in the Erie County Clerk^'s Office in Liber 3019 of Deeds at page 301; thence southerly at right angles and along the westerly line of lands conveyed to Melvina A. Sager by last mentioned deed and along Sager^'s westerly line extended southerly 58.42 feet to a point in the southerly line of map filed in the Erie County Clerk^'s Office under cover number 1534; thence westerly along the southerly line of map cover number 1534, 120.62 feet to a point in the easterly line of California Road as conveyed to the County of Erie by deed recorded in the Erie County Clerk's Office in Liber 9541 page 136; thence northerly along the easterly line of California Road as described in the last mentioned deed 172.06 feet to a point in the southerly line of Summit Avenue as described in the last mentioned deed; thence easterly at right angles and along the southerly line of Summit Avenue as described in the last mentioned deed 64.87 Feet to a point; thence northerly at right angles 7.15 feet to a point in the southerly line of Summit Avenue as a 50 foot wide road (as shown on map cover no. 1534); thence easterly at right angles along the southerly line of Summit Avenue 57.0^, feet to the point 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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1-O.P. Commerce Center Milestrip/Lake/Rt 219, SEQRA, Final E.I.S.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 4

WHEREAS, on 9/16/92 the Town Board, the Lead Agency for the Orchard Park Commerce Center Joint Venture, with the approval of the Petitioner for said Center, extended the time for the Lead Agency to accept the D.E.I.S. and require a final Environmental Impact Statement to 10/7/92, and

WHEREAS, the Town Engineer has reviewed the Final Environmental Impact Statement and has determined more information is required in the following areas:

1] transportation, 2] land use and zoning, 3] public services, 4] sanitary sewers, 5] noise, 6] solid waste and 7] alternate uses for the property

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to determine that additional information is required in the areas as presented by the Town Engineer and the Planning Coordinator is hereby directed to communicate the memorandum from the Town Engineer to the Petitioner so they may provide that information in the Final Environmental Impact Statement.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Downing's Town Automotive Group, Southwestern - Trailer Permit extend.

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

RESOLVED that the Town Board be and is hereby authorized to approve the request from Towne Ford, 3525 Southwestern Blvd. for a one (1) year renewal for a trailer permit effective 1/1/92 - 12/31/92 as recommended by the Building Inspector.

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer x

N. W. Ackerman x

THE RESOLUTION WAS DULY ADOPTED.

Old Business #3 - Mercy Ambulatory Care Center,Southwestern - Trailer Permit extend.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, 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 Mercy Ambulatory Care Center, 3669 Southwestern Blvd. for a one (1) year renewal for a trailer permit effective 1/1/92 - 12/31/92 as recommended by the Building Inspector.

Before the vote was taken, Councilwoman Ackerman stated it was important to note that both Downing's Town Automotive Group and Mercy Ambulatory Care Center have had these trailer permits for 4-5 years and they are approved the first time as a temporary structure with the understanding that a permanent building and/or structure must be built as soon as possible. She will vote in the affirmative because of the omission of a renewal notification to the petitioner last January and only two months are left in 1992, but if this comes up for renewal in January _1993,she shall vote against it.

Councilman Buyer stated both Downing's Towne Automotive Group and Mercy Ambulatory Care Center have had these "Temporary Structures" for between 4 and 5 years. When these were originally approved, they (the Petitioner) stated they would need these for two or possibly three years. Therefore the members of the Town Board are very concerned that this has been allowed for these many years and directed the Town Attorney on 10/5/92 to send a letter to both petitioners requesting them to respond in writing as to what their intentions are in regards to continuing their use of the trailer after January 1993. As there are only two months left in 1992 he will vote in the affirmative and will consider a renewal for 1993 after the Town receives the response to the Town Attorney's letter.

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 5

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer x

N. W. Ackerman x

THE RESOLUTION WAS DULY ADOPTED.

Old Business #4 - Award bid for trucks for Highway and Parks & Grounds.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, 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 one (1) new one-ton Cab and Chassis for the Highway Department to Towne Ford, 3535 Southwestern Blvd., Orchard Park at a cost not to exceed Thirteen Thousand Three Hundred fifteen Dollars and Eighty cents ($13,315.80) they being the lowest responsible bidder thereof and as recommended by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - Award bid for trucks for Parks & Grounds and Highway.

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

RESOLVED that the Town Board be and is hereby authorized to reject all bids for one (1) new - ton pickup truck for the Parks and Grounds Department as recommended by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #5 - Eckl's Restaurant, Ellicott Rd.-dining room expansion.

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

RESOLVED that the Town Board be and is hereby authorized to deny the request from Eckl's Restaurant, 4936 Ellicott Road for a building permit to expand the dining room area to present building as recommended by the Planning Board 8/12/92 based on several existing problems on the site, especially parking facilities.

Aye Nay

D. J. Mill x

J. J. Mills x

P. D. Barnas x

D. M. Buyer x

N. W. Ackerman x

THE RESOLUTION WAS DULY ADOPTED.

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 6

Old Business #6 - Amendments to Zoning Code §144, Schedule of Use Controls, Zoning Fees.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of amendments to the Zoning Ordinance of the Town of Orchard Park, Chapter 144, Schedule of Zoning Fees and Schedule of Use Controls was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 16th day of September, 1992, at which all interested parties were given an opportunity to be heard, 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

NOW, THEREFORE, Be it

RESOLVED AND ORDAINED, that the Zoning Ordinance of the Town of Orchard Park be and is hereby amended as follows:

§ 144-5. Terms defined. To be added.

Private Recreation Area - An area which is owned and operated by members of a private club or association. The membership of the entity which owns the private recreation area shall be prohibited from conducting profit making activities.

§ 144-11.1 Churches and other houses of worship.

H. Garbage pickup areas shall comply with the

provisions of § 144-25 C. & D., General screening regulation.

§ 144-32. Miscellaneous uses. To be added.

E. Private Recreation Areas Regulations.

(1) Minimum acreage. A private recreation area shall encompass an area of at least five (5) acres.

(2) Required parking facilities. A recreation area shall require one parking space for each two memberships.

(3) Buffer strip. A buffer strip area of not less than twenty (20) feet in width shall be provided along all lot lines of a recreation area and such buffer strip shall include the following:

(a) The buffer strip shall be landscaped with evergreen shrubs and trees. Except along a lot line which adjoins a public highway, street or right-of-way a screening fence not less than six (6) feet in height shall be installed if, in the judgment of the Planning Board, the safety and welfare of the adjoining land owners will be promoted by such installation.

(b) Whenever a development in a recreation area adjoins a public highway, street or right of way, a screening fence of three (3) feet in height shall be installed on a line parallel to the public highway, street or right-of-way._,

(4)___ Pursuant to Section 144-43 (Special Uses), any application for a building permit or a certificate of occupancy for a private recreation area shall be submitted to the Town Board for special consideration and approval before such permit or certificate is issued.

§ 144-43. Special exceptions.

§ 144-43-A. The following sentence shall be added: The application shall be submitted by the owner of the property.

§ 144-43-C C. Action by Planning Board. The Planning Board shall approve, with modifications or

disapprove such application and shall report its decision within sixty (60) days to the Town Board, stating its reasons based on the following:

(9) The Health and safety of the residents or workers on adjacent properties and in the general neighborhood.

(10) Lot areas, type of construction, fire hazards, offensive odors, smoke, fumes, noise and light.

The number of §144-43-C.(9) shall be changed to §144-43-C.(11).

§ 144-43-E. & § 144-63-E.(l)(b):

Shall be amended to state that notices referred to in those sections shall be provided to all property owners within five hundred (500) feet of the nearest property line of the property for which a special exception use or a variance is sought rather than the existing two hundred (200) feet.

§ 144-43-G. New Section: Special Permit Expiration. A permit for a special exception use granted by the Town Board shall be deemed to authorize only one (1) particular use and shall have expired unless a building permit shall have been issued within thirty (30) months after the Town Board has granted a special permit.

§ 144-45 B. Standards and general requirements of cluster development.

(5) Recreational land or funds. Pursuant to § 277 of the Town Law of New York State, the Town and Planning Boards may require, as a condition of approval of the cluster development, that an open land area equal to at least nine percent (9%) of the total area included in the cluster development be conveyed to the town for playground or other recreational purposes or, alternatively, be retained as common property, as

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 8

defined herein, held by an organization established by the landowner for the ownership and maintenance of common property and utilized by such organization for recreational purposes. In lieu of the foregoing dedication of land to recreational purposes, the Town and Planning Boards may, in their discretion, permit the landowner, as a condition of approval of the cluster development, to pay the town an amount equal to three hundred dollars ($300.) for each lot in a cluster development located in an R-3 and R-4 Zone, five hundred dollars ($500.00) for each lot in a cluster development located in an R-1 Zone, four hundred dollars ($400.00) for each lot in a cluster development located in an R-2 Zone and one thousand dollars ($1,000.00) for each lot in a cluster development located in an A-1 Zone, which amount shall be available for use by the town for neighborhood park, playground or recreation purposes, including the acquisition of property. Additionally, the Town and Planning Boards may require as much as ten percent (10%) of the total common property to be maintained in the form of suitably equipped play area.

§ 144-45 B. Standards and general requirements of cluster development.

(10) (Replace paragraph as follows:)

Parking shall comply with the provisions of §144-29, Automotive facilities; parking

§ 144-46. Multiple dwellings and townhouses. § 144-46-C. General Standards.

(3) Parking. (The first two sentences of this section shall be deleted and the following shall be added:)

Parking shall comply with the provisions of §144-29, Automotive facilities; parking.

§ 144-46 C. (9) Miscellaneous.

(a) Garbage pickup areas shall comply with the provisions of § 144-25, General screening regulation.

§ 144-48 E. Residential density and standard.

(3) (Replace paragraph as follows:)

Parking shall comply with the provisions of §144-29, Automotive facilities; parking

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 9

PROPOSED AMENDMENTS TO ZONING FEES

The schedule of Zoning fees is hereby repealed and the following schedule of Zoning Fees is hereby adopted:

A. Building permit fees.

(1) The fee for a building permit shall be as follows:

One-family or two-family house (all work)

Up to 1,000 square feet of floor

area ........................................... $ 40.00

Over 1,000 square feet and up to 2,000 square fee of floor

area .............................................. $100.00

Over 2,000 square feet of floor

area $150.00

NOTE: ^"Floor area" shall not include cellar, inhabitable basement, inhabitable attic or car-port but shall include an accessory garage. Floor area shall be based upon outside dimensions of the building.

Multiple dwellings (all work) First 30,000 cubic feet of

volume $150.00

Each 1,000 cubic feet between 30,000 and 50,000 cubic

feet $ 4.00

Each 1,000 cubic feet over 50,000 cubic feet $ 3.00

NOTE: "Volume" shall include basement, cellar and subcellar but shall not include a crawl space or attic space no part of which exceeds five (5) feet in height. Volume shall be based upon outside dimensions of the building.

Building of nonresidential occupancy (all work)

Up to 10,000 cubic feet of volume $50.00
First 10,000 cubic feet of volume $100.00
Each 1,000 cubic feet between

10,000 and 50,000 cubic feet. $4.00
Each 1,000 cubic feet over

50,000 cubic feet................................ $ 2.00

NOTE: The permit fee for a building occupied in part for residential use and in part for nonresidential use shall be the sum of the two (2) occupancy fees calculated separately. "Volume" shall include basement, cellar and subcellar but shall it include a crawl space or an attic space no part of which exceeds five (5) feet in height. Volume shall be based upon out-side dimensions of the building.

Structural alterations, additions,

private accessory structures or

demolitions (all work)

Cost of work

Up to $500 .................... $ 3.00

Over $500 up to $1,000......................... $ 10.00

Each $1,000 over $1,000......................... $ 3.00

Maximum Fee ................................... $ 75.00

Demolition .................................... $ 10.00

Certificate of occupancy for

change in use

For building or structure cost‑

ing up to $20,000............................. $ 20.00

For building or structure costing over $20,000 and up to

$40,000 ................................... $ 25.00

For building or structure cost‑

ing over $40,000 and up to

$100,000 $30.00
For building or structure cost‑

ing over $100,000 for each

$50,000 thereof.......................... $ 10.00

Signs (where permitted) [Amended 1-2-1991]

All signs $20.00 plus

$1.00 per face

Square foot of sign

Relocating signs on same premises $20.00

Alterations of signs $20.00

Liquid containers (where permitted) (capacity in gallons)

550 or less ............................................ $ 30.00

551 to 1,000 ........................................... $ 50.00

1,001 to 2,000 ......................................... $ 70.00

2,001 to 3,000 ......................................... $ 80.00

Over 3,000 ................................... $20.00 plus, 2.00

per 1,000 gallons

or fraction thereof

in excess of 3,000 gallons

Removing liquid containers....................... $35.00

Moving buildings

On or across a public thoroughfare $300.00

Not exceeding 10 feet in width,

20 feet in length and 10 feet

in height on vehicle over a

public thoroughfare $100.00

From one lot to another with

out moving onto a public

thoroughfare ......................... $50.00, plus $3.00

per 1,000 cubic

feet of new construction

Lot to another location on the

same lot $20.00,plus $2.00feet of new construction

(2) If any person erects, constructs, alters or moves, or commences to erect, construct, alter or move, any building or structure within the Town of Orchard Park without first having obtained a building permit as required by § 144-64 of this chapter, the fee required by this subsection shall be twice the applicable amount. Any fee charged pursuant to this subsection shall be in addition to any other remedy provided by law.

B. Zoning Board of Appeals application or appeal, Applications for variance or appeals to the Zoning Board of Appeals shall be accompanied by a fee of fifty dollars ($50.00) payable to the Town of Orchard Park.

The following sections of the Schedule of Zoning Fees shall remain as presently set forth in the Ordinance:

C. Zoning amendment or change petition.

D. Applications for approval of plans for subdivision development.

E. Moneys from subdividers in lieu of recreation land.

The following section of the Schedule of Zoning Fees shall be added:

F. Commercial parking lot fee.

(1) Operators of commerical parking lots shall be obligated to pay an annual fee of twenty-five dollars ($25.). Each permit shall be issued for a period commencing June 30 and terminating of July 1 of the following_ year.

Amendments to Schedule of Use Controls
A-1 Agricultural

Delete from the Special Exception Uses category: hospital, sanatorium, nursing or convalescent home, medical office building

Add to the Special Exception Uses category: Tennis court

Add to the Permitted Principal Uses category: Cluster development

Amendments to Schedule of Use Controls B-1 Commercial

Add to the Special Exception Uses category: hospital, sanatorium, nursing or convalescent home, medical office building

Delete from the Special Exception Uses category: Single businesses

Amendments to Schedule of Use Controls B-2 Commercial

Delete from the Permitted Principal Uses category: Municipal or similar public building for the protection or servicing of the community

Add to the Permitted Principal Uses category: Hospital, sanatorium, nursing or convalescent home

Admendments to Schedule of Use Control

B-3 Commercial

Delete from the Permitted Principal Uses category: Municipal or similar public building for the protection or servicing of the community, Nursery businesses

Add to the Permitted Principal Uses category: Hospital, sanatorium, nursing or convalescent home

Amendments to Schedule of Use Controls

D-R Development and Research

Delete from the Permitted Principal Uses category: Municipal or similar public building for the protection or servicing of the community

Amendments to Schedule of Use Controls

I-1 Industrial

Add to the Permitted Principal Uses category' Hospital, sanatorium, nursing or convalescent home; Businesses and professional offices, including medical

Delete from the Permitted Principal Uses category: Single businesses

Amendments to Schedule of Use Controls

R-1 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

The word Tennis courts shall be changed to Tennis court

Amendments to Schedule of Use Controls

R-2 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

The word Tennis courts shall be changed to Tennis court

Amendments to Schedule of Use Controls

R-3 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

The word Tennis courts shall be changed to Tennis court

Amendments to Schedule of Use Controls

R-4 Residential

Delete from the Special Exceptions Uses category: Hospital, sanatorium, nursing or convalescent home, medical office building; Retail nurseries

Add to the Special Exception Uses category: Private recreation clubs

The word Tennis courts shall be changed to Tennis court

** Amendments or modifications to the Town of Orchard Park Ordinances are underlined.

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 amendments in accordance with Sections 264 and 265 of the Town Law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #7 - Local Law #4-1992, Chapter 144-22 Yard Regulations.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to adopt Local Law #4-1992 which Local Law provides as follows:

§ 144-22 of the Orchard Park Zoning Ordinances are hereby amended by this Local Law to provide as follows:

§ 144-22. Yard Regulations.

B. Lot frontage on street. No dwelling shall be erected on any lot which does not have immediate exclusive access measuring a minimum of thirty (30) feet along and contiguous with a dedicated street or highway length, and provided further that said access shall be in accordance with § 280-a of the Town Law. For purposes of this local law the stub end of a street shall not be considered a portion of the street or highway length.

To the extent that this local law conflicts with § 280-a of the Town Law, S 280-a is specifically superseded.

and be it further

RESOLVED, the Town Board does hereby declare a Negative SEQRA Declaration.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #8 - Decision re: W.N.Y. Catholic Long Term Care Inc. building permit.

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

WHEREAS, a Special Exception Use for the construction of a 160 bed residential health care facility by Western New York Catholic Long Term Care, Inc. was approved and a Resolution adopted by this Town Board on July 17, 1991; and

WHEREAS, this Town Board made a determination on July 17, 1991 that the proposed project will not have a significant impact upon the environment and, accordingly, issued a negative declaration pursuant to the State Environmental Quality Review Act; and

WHEREAS, the Planning Board has recommended that this Town Board grant a building permit for the 160 bed residential health care facility on 25 acres at the intersection of Powers Road and Chestnut Ridge as more specifically described in the plans submitted to the Planning Board;

NOW, THEREFORE, BE IT

RESOLVED, that after careful review of the submissions to the Planning Board and to the Town Board, Western New York Catholic Long Term Care, Inc. is hereby granted a building permit for a 160 bed residential health care facility on premises at the intersection of Powers Road and Chestnut Ridge Road as more specifically described in the plans submitted to the Planning Board with the following stipulations and modifications:

1. Pursuant to an agreement executed by an officer of Western New York Catholic Long Term Care, Inc., the access

driveway to the long term care facility, which is the subject of this Resolution, will be the same access driveway utilized by the Our Lady of Victory Hospital Primary Care and Surgery Center and that only one driveway will service the two facilities referred to in this paragraph.

2. Pursuant to an agreement executed by an officer of Western New York Catholic Long Term Care, Inc., the generator on the premises will produce no more than a 55 decibel noise level at the west, south and east lot lines and that a Certificate of Occupancy will not be issued until such noise level is verified by the project representatives, the Planning Board Chairman and the Building Inspector.

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 15

3. Pursuant to an agreement executed by an officer of Western New York Catholic Long Term Care, Inc., an additional ten percent.(10%) of the total plantings provided for in the landscape plan may be required, in the sole discretion of the Conservation Board Chairman and the Planning Board Chairman, for screening purposes.

4. This permit is granted based upon the site plan submitted by Krehbiel Associates in drawings dated July 28, 1992 including minimum set back requirements and site drainage requirements.

5. Building mechanical equipment placement and screening shall be as noted in drawings submitted to the Planning Board dated July 27, 1992.

6. The employee parking shall be located on the east

side of the lot with all night lighting limited to five (5) pole fixtures, four (4) of which light the east lot and the other one being located at the on-site property roadway location. The remaining driveway and parking lot lights will be placed on a timer and turned off at 11:00 p.m.

7. That a drainage easement be recorded prior to construction for the required drainage ditch which will be installed as part of the facilities' drainage plan.

8. Regularly scheduled generator testing shall be accomplished during week day afternoon hours.

9. That, except for the building which is the subject of this Resolution, no other structure shall be constructed on the premises which is the subject of this Resolution.

10. That the construction proceed in a manner which will minimize the production of mud and dust and which shall comply with all appropriate statutes, codes and regulations.

#13) AT THIS TIME COUNCILMAN BUYER OFFERED THE FOLLOWING RESOLUTION TO AMEND STIPULATION #1 OF THE PROPOSED RESOLUTION #12, SECONDED BY COUNCILMAN MILLS, TO WIT:

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 16

1. Pursuant to an agreement executed by an officer of Western New York Catholic Long Term Care, Inc., the access driveway

to the long term care facility, which is the subject of this Resolution, will be the same, now existing access driveway from Powers Road, utilized by the

Our Lady of Victory Hospital Primary Care and Surgery Center and that only this one access driveway will service the two facilities referred to in this paragraph and the 160 bed residential health care facility.

Aye Nay D. J. Mill X

J. J. Mills x

P. D. Barnas X

D. M. Buyer x

N. W. Ackerman X

THE RESOLUTION WAS NOT ADOPTED.

At this time the Supervisor called for the vote on the original resolution.

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

NOW, THEREFORE, BE IT

Reg. Mtg. #19 Mtg. #20 10/7/92 Page 16