Reg. Mtg. #7 Mtg. #8 4/2/97 Page I
A Regular Meeting of the Town Board of the Town of Orchard Park, Eric County New York, was held at the Municipal Building at Orchard Park, New York on the 2nd day of April 1997 at 8:00 P.M., (local time) and the Pledge of Allegiance was rendered
The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Dennis J. Mill Supervisor
John J. NElls Councilman
Paul D. Baxnas Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Janis A Colar-usso Town Clerk
Leonard Berkowitz Town Attorney
Joseph Campion Building Inspector
Robert Henning Police Chief
Michael R. Merritt Town Engineer
A13SENT: Ronald Geitter Superintendent of I-Eghways
1)TBE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the minutes of the regular meetings of the Town Board, held on February 5, 1997 and February 19, 1997 as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof,
T,UERESOLUTION WAS UZVAATIMOUSLYADOPTED.
Old Business 4 I - Fred Donato Developers, Baker Rd. Negative SEQR Declaration.
2)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
W]HEREAS, 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, S4295 South Buffalo Street, Orchard Park, New York on the 5th day of February, 1997 at which time all interested parties were given an opportunity to be heard, which amendment provides as follows:
To rezone vacant land on the east side of Baker Road, south of Michael Road, from R-2 to R-2 Cluster Development, as petitioned by Fred Donato Developers, and
REAS, no recommendation from the Eric County Department of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and
REAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and
REAS, the Town Board does declare a Negative SEQR Declaration
NOW, TIAEREFORE, be it
RES OLV-ED AND ORDAINED, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended as recommended by the Planning Board 12/11/96 with "Findings" and, their stipulations of 3/12/97, by rezoning vacant land on the east side of Baker Road, south of Michael Road from R-2 to R-2 Cluster Development as follows:
Reg. Mtg. 47 4/2/97 Page 3
the easterly line of said lands conveyed to SOUTHGATE PLAZA, INC. and parallel with the easterly line of Lot NO. 404, a distance of 3 5 0.04 feet to a point 3 5 0 feet distant southerly from the centerline of Southwestern Boulevard as measured at right angles thereto and being the point of beginning of the parcel herein described; Thence south 06'18'36" west and continuing along the easterly line of said lands conveyed to SOUTHGATE PLAZA, INC. and parallel with the easterly line of Lot No. 404, a distance of 414.24 feet to the southeast corner of said lands conveyed to SOUTHGATE PLAZA, INC.; Thence north 83'28'16" west along the southerly line of said lands conveyed to SOUTHGATE PLAZA, INC., 1061.64 feet to the northeasterly line of Angle Road; thence north 32'1 1 " 1 0" west and along the northeasterly line of Angle Road, 551.02 feet to a point 3 50 feet southerly from the centerline of Southwestern Boulevard as measured at right angles thereto; Thence south 82'49'50" east and parallel with the centerline of Southwestern Boulevard, 1404.78 feet to the point of beginning, containing 11.92 acres of land more or less.
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-
TLFE RESOL UTION WAS UNANIMO USL Y AD OPTED.
Old Business # 3 - A. H. narris, 3605 California Rd. - Decision on rezoning request.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO
MOVED ITS ADOPTION, SECONDED BY COUNCIL BARNAS, TO WIT.
R-EAS, 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, as conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of March 1997, at which all interested parties were given an opportunity to be heard, which amendment provides as follows: To rezone property located at 3605 California Road from I-1 to 1-1 Special Exception Use for outside storage of contractor equipment and supplies, as petitioned by A. H. Harris & Sons, and
REAS, no recommendation from the Erie County Dep artme-nt of Planning, pursuant to Section 239-m of the General Municipal Law was received and filed by the Town Board, and
REAS, approval from the Town of Orchard Park Planning Board was received and filed by the Town Board, and
WHEREAS, the Town Board did declare a Negative SEQR Declaration
NOW, THEREFORE, be it
RIF-SOLV'ED AND ORD D, that the Zoning Ordinance and the Zoning Map of the Town of Orchard Park be and are hereby amended as recommended by the Planning Board 2/12/97 with their stipulations of 2/12/97, by rezoning property located at 3605 California Road from I- I to I- I Special Exception Use for outside storage of contractor equipment and supplies as follows:
ALL TRACT OR PARCEL OF LAND situate in the Town of Orchard Park, County of Erie and State of New York, being parts of Lots Nos. 29 and 3 0, Township 1 0, Range 7 of the Buffalo Creek Reservation, bounded and described as follows:
BEG G at a point in the center line of California Road, distant 1777.88 feet northwesterly from the south line of Lot No. 29 as measured along the center line of California Road; running thence northeasterly at right angles 430.03 feet to the westerly line of the Baltimore and Ohio Railroad Lands; thence northerly along the westerly line of said railroad lands 203.61 feet more or less to the north line of land conveyed to H. S.H. Holding Corp. by deed recorded in Liber 8268 of Deeds at page 3223; thence westerly parallel with the first described course 391.88 feet to the center line of California Road and thence southerly along said center line of California Road 200 feet to the point of beginning.
Reg. Mtg. 47 4/2/97 Page 2
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 468, Township I 0, Range 7 of the Buffalo Creek Reservation (so-called) bounded and described as follows:
Beginning in the centerline of Baker Road 581.80 feet southerly from its intersection with the Centerline of Michael Road; Thence easterly at right angles 300.0 feet; Thence northerly, parallel with the centerline of Baker Road 274.62 feet; Thence easterly parallel with the centerline of Michael Road 2,536.34 feet to the east line of Lot 468- Thence southerly along the east line of Lot 468 641.25 feet to the southeast corner of Lot 468; Thence westerly along the south line of Lot 46 8 2,53 8.42 feet-, Thence northerly parallel with the ce-nterline of Baker Road 299.66; Thence westerly at right angles to the centerline of Baker Road 300.0 feet to the centerline of Baker Road; Thence northerly along the centerline of Baker Road 72.0 feet to the point of beginning, containing 37.94 acres exclusive of the area lying within the bounds of Baker Road.
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.
Dennis J NEII
John J Mills
Paul D Barnas
David M Buyer
Nancy W Ackerman
Voting Aye
Voting Nay
Voting Aye
Voting Aye
Voting Aye
TLFE PESOL UTIOIV WAS D UL Y AD OPTED.
Old Business # 2 - Brian Young, Southwestern Blvd. - Decision on rezoning request.
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, was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of March 1997, at which all interested parties were given an opportunity to be heard, which amendment provides as follows: To rezone vacant property located on the corner of Southwestern Blvd. and Angle Road from R-3 to B2, as petitioned by Bryan Young, and
WHEREAS, no recommendations 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
REAS, approval from the Town of Orchard Park Planning Board was received and filed with the Town Board, and,
REAS, the Town Board did declare a Negative SEQR 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 B-2, the vacant land on the corner of Southwestern Blvd. and Angle Road 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 four hundred four (404), Towmship ten (I 0) Range seven (7) of the Buffalo Creek Reservation and bounded and described as follows-,
Commencing at a point in the center line of Southwestern Boulevard (being also the north line of Lot No. 404) 1719.96 feet easterly from the northwest corner of Lot No. 404, said point being the northeast corner of lands conveyed to SOUTHGATE PLAZA, INC. by deed recorded in the Erie County Clerk's Office in Liber 8552 of Deeds at page 335; Thence south 06'18'36" west and along
Reg. Mtg. 97 Mtg. 48 4/2/97 Page 4
This ordinance shall take effect immediately in accordance with law.
Dennis J Mill Voting Aye
John J Nfills Voting Aye
Paul D Bar-nas Voting Aye
David M Buyer Voting Aye
Nancy W Ackerman Voting Aye
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # I - O.P. School District - Request use of Voting Machines.
5)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCIILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request from the Orchard Park Central School District for the use of ten (I 0) Town of Orchard Park voting machines for their Annual Budget Vote on Wednesday May 21, 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 2 - Safety Week Proclamation.
6)TIAE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNC]ILMAN BARNAS TO WIT.
WHEREAS, the Western New York Safety Conference, Inc. Has taken great pride in the safety of people both on and off the job, and has implemented wide reaching programs of safety education and accident prevention; and
REAS, this program has become an example and a model for all businesses and industries, and has served as a reminder for many of our residents to be more concerned with their own safety at home and at work; and
REAS, it is a pleasure to extend this proclamation on behalf of our Town of Orchard Park to the Western New York Safety Conference, Inc. which will be having the 61st Annual Safety Conference and Trades Exhibit in Grand Island at the Holiday Inn on May 14th and 15th, 1997; and
RF-AS, the Western NewYork Saf6ty Co@rence, Inc,, should be commended for its continuing and progressive safety programs, urging all of our citizens to support all such efforts to promote safety both on and off the job;
NOW, THEREFORE, The
Town Board of Orchard Park, in the
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business # 3
- Town Clerk to attend
7)THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCR-LWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request of the Town Clerk to attend the 1997 Annual New York State Town Clerk's Association Seminar, in Rochester on April 20th to 23rd, 1997 as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Reg. Mtg. #7 Mtg, 48 4/2/97 Page 5
New Business #4 & 45 - Referrals to the Planning Board.
8)TI-IE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to refer the following items to the Planning Board and Conservation Board:
#4
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THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIIALS & DEPARTMENT HEADS
Councilman Nfflls 1) Asked the Town Clerk to send a memo to the Highway Superintendent asking him to check on the flag pole light, 2) Reported: As the Town's AfFirmative Action Officer, he attended a meeting recently on the subject. The Affirmative Action Olyicer is the "Housing" Officer. Anyone in the community who is discriminated against should contact him, 3) Commented about a Southtowns Sewer Treatment Agency Report regarding their Capital Improvement Plan and a Preventive Maintenance Program for the Southtowns advanced waste water treatment facility, 4) Reported on two of the resolutions passed by the 1997 Association of Towns: An Environmental Act and Wicks Law Reform, 5) Suggested the Town investigate the Town of Pittsford open space formula for green space development by buying -up farm lands, 6) Stated that he will be recommending another Comprehensive Study of the Town's Master Plan.
9)TEE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
WHEREAS,
the Erie County Highway Dept. removed the "posted" signs on
REAS, neighbors in the area were told that the signs would be re-posted
NOW, THEREFORE, be it
RESOLVED, that the Town Board, through the Town's Public S@ty Committee, does hereby request the Erie County Highway Department to "posf'Nfilestrip Road, between North Buffalo Road and Southwestern Blvd., consistent with the way it was prior to the removal of said signs.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Barnas reported that there were still complaints concerning the lighting and use of a public address system at Jim Ball Pontiac. He has been assured that the lights, except the security lights, will go off at IO: 00 p@ the same as the Auto Mall. The public address system will not be used outside.
Councilman Buyer commented on the proposed study on our Comprehensive Master Plan. It needs to include other areas that under review as well as public input.
Councilwoman Ackerman 1) Commented that it has been suggested that the Town should form a "Mission Statement", and 2) Pointed out, regarding the our Master Plan, if the Town has zoning, New York State requires a review every ten (IO) years, if the Town is not doing on a regular basis. We do need to coordinate our planning, as we have many items in the works.
IO) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVIF-D ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant 47,
Reg. Mtg- #7 Mtg. #8 4/2/97 Page 6
following auditing by members of the Town Board and in the funds indicated:
$66,667.77 General Fund
$3,801.49
$25,369.84 Highway Fund
$41,392.57 Special District Fund
$117,403.63 Trust & Agency Fund
$1,115.19 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
I 1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWO ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following report as entered on the agenda: 1) Building Inspector's Monthly Report and Building Permits for the month of March 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
BUSINESS FROM THE FLOOR
Frank Clement, 6291 Milestrip Rd. - Requested that a traffic check be made of the speed limit on 1\4ilestrip Road as there are a lot of cars speeding.
Jane Clement, 6291 Milestrip Rd - Asked if notification couldn't be made to residents when zoning changes are being proposed for land next to their property.
Thomas Whalen, 204 Steppingstone Lane - Commented on the Town of Pittsford Meeting regarding their open land space program and agreed it was a good meeting.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:40 P.1\4. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk