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 1st day of March, 1995 at 8:00 P.M. EST and there were
PRESENT AT ROLL CALL: Dennis J. Mill Supervisor
John J. Mills Councilman
Paul D. Barnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Robert C. Henning Chief of Police
Michael R. Merritt Town Engineer
Robert W. Sweet Building Inspector
Ronald A. Geitter Highway Superintendent
The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.
Old Business #1 To rezone property located at: 6400 New Taylor Road.
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, 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, was conducted at the Municipal Center, S-4295 South Buffalo Street, Orchard Park, New York on the 15th day of February, 1995 at which all interested parties were given an opportunity to be heard, which amendment provides as follows:
To rezone, from B-1 to B-3 vacant land located at 6400 New Taylor Road for the purpose of a Day Care Center,
as petitioned by E.F. Burke, and
WHEREAS, no recommendation from the Erie County Department of Planning, pursuant to Sec tion 239-m of the General Municipal Law was received and filed by the Town Board, and
WHEREAS, a recommendation for denial from the Town of Orchard Park Planning Board was received and filed by the Town Board
NOW, THEREFORE, be it
RESOLVED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of Orchard Park be and are hereby amended by rezoning this land from B-1 to B-3:
ALL THAT TRACT OR PARCEL OF LAND, situated 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, described as follows:
Beginning at a point in the center line of New Taylor at the southwest corner on lands conveyed to Navaho 79 Associates by deed recorded in Erie County Clerk’s Office in Liber 8940 of Deeds page 102: thence northerly along the west line of said deed 223 feet; thence westerly at right angles 170 feet; thence southerly parallel with the west line of Lot No. 16, 223 feet to the center line of New Taylor Road; thence easterly along the center line of New Taylor Road 171.23 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 Section 264 and 265 of the Town Law.
Before the vote was taken, Councilman Barnas stated he has spoken with individuals who occupy the stores in the plaza. Mr. Fabiniak from Jubilee Inc., stated they have no problem with Mr. Burke coming into the area to set up a Day Care Center. Councilman Barnas also stated that at the Public Hearing for this rezoning, no one spoke out against this rezoning. Letters from residents in the area indicated that they themselves thought this was a very good project. Councilman Buyer stated he had spoken with Mr. Burke about two weeks ago and explained to him that he felt the parking, (of cars) for this project does comply, but, at times throughout the day it may very well be congested. He stated he suggested to Mr. Burke that he pursue a possible easement with the owners of Jubilee Plaza to allow the eight to ten employees that will be employed to park in the lot.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
DEPARTMENT HEADS
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 approval all entries on Warrant #4, following auditing by members of the Town Board and in the funds indicated:
Warrant #4
GENERAL FUND $ 68,686.06
PART TOWN FUND $ 617.81
HIGHWAY FUND $ 11.666.14
SPECIAL DISTRICTS FUND $402,864.92
TRUST & AGENCY FUND $886,825.05
CAPITAL FUND $ 2,239.98
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
There being no further business before the Town Board, on motion of Councilman Barnas seconded by Councilwoman Ackerman the meeting was adjourned at 9:40 P.M. EST.
UNANIMOUSLY ADOPTED
Respectfully submitted
Janis A. Colarusso
Town Clerk