Town Board - September 2, 1992

A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, York was held at the Municipal Building at Orchard Park, New York on the 2nd

Dennis Mill	Supervisor
John Mills	Councilman
David Buyer	Councilman
Paul Barnas	Councilman
Nan Ackerman	Councilwoman
Betty Reukauf	Town Clerk
Leonard Berkowitz	Town Attorney
Robert Henning	Chief of Police
Michael Merritt	Town Engineer
Ronald Geitter	Highway Superintendent
Robert Sweet	Building Inspector

New

day of

ABSENT: Betty K. Reukauf Town Clerk

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

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on 8/5/92 and 8/19/92, 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 8:00 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 Ordnance of the Town of Orchard Park, which amendment provides as follows:

To rezone a portion of property located on Juniper Lane from R-3 to R-3 Special Exception Use for construction of four (4) apartment units to existing complex as petitioned by Paul Schaller.

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

RESOLVED that the Public Hearing in the matter of the rezoning petition for Juniper Lane be and is hereby closed at 8:06 PM EDT.

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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, 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 a portion of property located on Juniper Lane from R-3 to R-3 Special Exception Use for construction of four (4) apartment units to existing complex as petitioned by Paul Schaller

was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 2nd day of September, 1992 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 239m 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, and

WHEREAS, the Town Board did declare a Negative SEQRA Declaration 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-3 to R-3 Special Exception Use all tract or parcel of land bounded and described as follows:

PARCEL "A"

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 No. 16, Township 9, Range 7 of the Holland Land Company's Survey, bounded and described as follows:‑

BEGINNING at the northeast corner of lands conveyed to Quaker Towne Associates by deed recorded in the Erie County Clerk's Office in Liber 7716 of Deeds at page 521, being 249.80 feet south of the center line of Webster Corners Road north line of Lot No. 16 and 300 feet west of the center line of Orchard Park Road as measured along a line parallel with the center line of Webster Corners Road; thence southeast along said easterly line of lands conveyed to Quaker Towne Associates and parallel with the center line of Orchard Park Road, a distance of 62.55 feet; thence southwest at an included angle with the last described line of 91° 42' 53" and radial to the next herein described curve a distance of 258.23 feet; thence northerly along a curve to the right having a radius of 260 feet and a central angle of 15° 45' 53" 71.54

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feet; thence northerly along a line at right angles to the center line of Webster Corners Road, 60.20 feet to a point, distant 249.80 feet southerly from said center line of Webster Corners Road; thence easterly at right angles to the last described line 243.11 feet to the point or place of beginning, containing 0.56 of an acre more or less.

PARCEL "B"

ALSO 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 No. 16, Township 9, Range 7 of the Holland Land Company's Survey, bounded and described as follows: BEGINNING at a point on east line of lands conveyed to Quaker Towne Associates by deed recorded in Erie County Clerk's Office in Liber 7716 of Deeds at page 521, said point being 62.55 feet southeast of a northeast corner of lands conveyed to Quaker Towne Associates, said northeast corner being 249.8 feet south of the center line of Webster Corners Road (north line of Lot No. 16) and 300 feet west of the center line of Orchard Park Road as measured along a line parallel with the center line of Webster Corners Road; thence southeast along said easterly line of lands conveyed to Quaker Towne Associates and being parallel with the center line of Orchard Park Road a distance of 191.08 feet; thence southwest at an included angle with the last described line of 92° 47' 13" and radial to the next herein described curve a distance of 239.74 feet; thence northwest along a curve to the left having a radius of 875 feet and a central angle of 3° 20' 07" a distance of 50.94 feet to a point of tangency; thence northwest and tangent to the last described curve, a distance of 125 feet to a point of curve; thence northerly along a curve to the right having a radius of 260 feet and a central angle of 4° 24' 27" a distance of 20 feet; thence northeast and radial to the last described curve a distance of 258.23 feet to the point of beginning and forming an included angle with the first described line of 88° 17' 07" and containing 48,067 square feet of land area.

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PARCEL "C"

ALSO ALL THAT TRACT OR PARCEL OF LAND situate Town of Orchard Park, County of Erie and State of New York, being part of Lot No. 16, Township 9, Range 7 of the Holland Land Company's Survey and bounded and described as follows:‑

BEGINNING at a point on an east line of lands conveyed to Quaker Towne Associates by deed recorded in the Erie County Clerk's Office in Liber 7716 of Deeds at page 521 on August 14 1970, said point being 253.63 feet southeast of a northeast corner of said lands and said northeast corner being 249.80 feet south of the center line of Webster Corners Road (north line of Lot No. 16) and 300 feet west of the center line of Orchard Park Road as measured along a line parallel with the center line of Webster Corners Road; thence southeast along said easterly line of said lands and being parallel with the center line of Orchard Park Road 107.03 feet; thence southwesterly at an included angle with the last described line of 87° 17' 01", 239.67 feet; thence northwesterly along a curve to the left having a radius of 875.0 feet and a central angle of 5° 30' 12", a distance of 84.05 feet; thence northeast and radial to the last described curve 239.74 feet to the point of beginning and forming an included angle with the first described line of 87° 12' 47".

The grantor herein hereby reserves to itself, it successors and assigns a permanent and perpetual non exclusive easement over and across the westerly 40 feet of the premises herein conveyed for the purpose of access and egress to and from the remainder of the property owned by the grantor of which the parcel herein conveyed is a portion.

This Ordinance shall take effect immediately in accordance with law.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #17 Mtg. #18 9/2/92 Page 5

Old Business #1 (not on agenda) set public hearing re: Conservation Easement, Cole Rd.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a public hearing on 10/7/92 at 8:00 PM EDT in the matter of the approval of the application for Conservation Easement located on 21 acres of land at 6741 Cole Road as petitioned by Marilyn C. Schwindler, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1, 2, 3, 4 - Referrals to the Planning.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, 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 entered on the agenda:

1. Superior Contractors II, Inc., 3801 Taylor Rd. - Requests concept review for erection of a 50' x 80' metal building with a 60' x 60' outside fenced in storage area.

2. E. F. Burke Co., 2911 Southwestern Blvd. - Requests Special Exception Use for Syracuse Equipment Co., Inc. to occupy building as a Satellite Sales Outlet.

3. David Turkovich, 3846 and 3848 North Buffalo Road. Requests building permit for small addition to two (2) existing properties connecting them to each other.

4. Sean Hanley (Armenio Liberatore) - Requests rezoning from R-2 to R-3 for duplex on property located on the northeast corner of Southwestern Blvd. and Hart Place.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5(not on agenda) - George Rozuk Conservation Easement, Draudt Road.

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

RESOLVED that the Town Board be and is hereby authorized to refer to the Conservation Board the application for Conservation Easement from George and Marie Rozuk for approximately 70 acres of land located at 5880 Draudt Road.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Reg. Mtg. #17 Mtg. #18 9/2/92 Page 6

Supervisor Mill reported 1] he attended the dedication of the 15,000,000 gallon storage tank on Lake Avenue by the Erie County Water Authority, 2] he spoke with Erie County Water Authority re: the painting of the seven (7) storage tanks in Orchard Park. They stated it is scheduled for next year and any monies in this year's budget for the project will be rolled over into next year’s budget, 3] the Niagara Frontier Builders Association has requested the use of an Orchard Park site for it's 1993 Horizons Show next May. This group had a show in Orchard Park in 1991, and 4] he toured the Town on Friday for drainage problems as we had 3i" of rain in a very short time.

Councilman Mills reported 1] he is happy to know the Niagara Frontier Builders Association has identified Orchard Park as a Town receptive to building and 2] he toured the Town during the rain storm on Friday and the Town fared very well, little flooding. The Town does have a Comprehensive Drainage Study and the Town Board shall have to sit down with the Town Engineer and Highway Superintendent and come up with a solution to the drainage problems in Orchard Park.

Councilwoman Ackerman 1] commended the Town Highway Department and Village for their work on the Library lot expansion which has doubled the parking spaces and will have lighting and additional trees installed in the fall, 2] stated the Town has recycled 828 lbs. of hygrade white paper since May as a part of a recycling program at the Municipal Center and 3] reported United Way pledges will be taken this month through Town Employees.

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 approve the request from the Building Inspector to attend the annual Building Officials Conference in Kerhonkson, New York September 23 - 25, 1992 at Town expense as provided in the budget.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening in the Supervisor's Conference Room on 9/24/92 at 11:00 A.M. EDT for the following items:

One (1) new one ton Cab & Chassis for the Highway Department

One (1) new 1/2ton Pickup Truck for the Parks & Grounds Department as requested by the Highway Superintendent.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #16 following auditing by members of the Town Board and in the funds indicated:

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WARRANT #16

GENERAL FUND $58,630.87

PART TOWN FUND 3,239.44

HIGHWAY FUND 96,711.30

SPECIAL DISTRICTS FUND 36,172.18

TRUST & AGENCY FUND 44,109.34

CAPITAL FUND 19,780.00

COMMUNITY DEVELOPMENT FUND 19,939.55

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, 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. Dept., of Finance - Notification that all municipalities must be converted to NYSRPS as assessment tool by 3/1/93.

2. N.Y.S.D.O.T. - Notification of designation of Powers Road from Armor Road to Rt. 277 as restricted highway. And

3. E.C.D.O.T. - Notification of closure of Abbott Road from Rt. 277 to Rt. 391 on September 8, 1992.

4. Town of Evans- Copy of adopted resolution requesting the Erie County Executive to submit an amendment to the budget to pay for training programs for Volunteer Firemen.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board be and is hereby authorized to receive and file the Building Permits and Building Inspector's monthly report for August 1992.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1. Michael Munich, 5011 Bussendorfer Road - Requested information on the Town Board's plans to correct the drainage problem caused many years ago by the development of a subdivision in the area, which has caused the surrounding properties to be a retention pond for the whole subdivision. He asked the Town Board to act on the Comprehensive Drainage Plan they have been working on for at least the past 10 years.

Supervisor Mill stated the Town has a number of options, such as establishment of seven (7) drainage districts or a Townwide drainage district which would have to be approved by the property owners. It would involve a great deal of money and the Town cannot

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spend to alleviate problems on private property. If the Townwide drainage plan was put to a vote he feels it would be a disaster as the other Town residents do not want to pay for other drainage problems.

He feels our Town has had fewer problems than other Towns, but, he realizes the Bussendorfer area is a serious problem and the Town shall continue to try to find an answer with input from the Town Engineer and the Superintendent of Highways.

A discussion was held by the Town Board Members, Mr. Munich and Town Engineer Merritt as to some of the needs in the area to alleviate this recurring drainage problem. The Town Board shall hold further discussions at one of their future work sessions.

2. Charles Flessel, 5437 Berg Road - Complained about his neighbor's fencing and hedges that are too high. He demanded that they be cut back so he can see to get out of his driveway and believes they are in violation of the Ordinances and wants the section of the ordinances which relates to this type of problem enforced.

Building Inspector Robert Sweet stated this has been on going for at least the past two years. The neighbor will not cooperate and so he will have to cite him for violations.

Mr. Flessel requested a copy of all actions and to be kept informed as to the progress in the disposition of this problem.

There being no further business before the Town Board, the Supervisor adjourned the meeting at 8:43 PM EDT.