1997 15th Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, State of New York

A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County New York, was held at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 6th day of August, 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. Mills Councilman

Paul D. Barnas Councilman

David M. Buyer Councilman

Nancy W. Ackerman Councilwoman

Janis A Colarusso Town Clerk

Leonard Berkowitz Town Attorney

Joseph Campion Building Inspector

Robert C. Henning Police Chief

Michael R. Merritt Town Engineer

ABSENT: Ronald Geitter Superintendent of Highways

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

RESOLVED, that the minutes of the regular meetings of the Town Board, held on July 16, 1997, and as presented by the Town Clerk, 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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

PUBLIC HEARING 1

At 8:00 P.M. (local time), the Supervisor called for the Public Hearing to hear the comments of the public relating to the proposed adoption of the following traffic order:

ORDER that the Town of Orchard Park establish a twenty-four(24) hour “No Parking Zone” effective immediately on both sides of Seufert Road for a distance of 1,500 feet beginning at the intersection of Seufert Road and Chestnut Ridge Road.

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.

At this time Police Chief Robert Henning explained that there have been continuing problems thru the years in the Seufert Road area. Young people have been going back into the bird/nature sanctuary and partying at night. Recently there was an incident, where an individual fell down a ravine and was critically injured during one of these parties..

In assessing the situation, Police Chief Henning stated that his recommendation is for a restricted parking area, during the hours of 7:00 PM to 7:00 AM, on both sides of Seufert Road, from Boston Ridge Road for a distance of about 2,000 feet to the west, enabling police patrols to tag or tow cars parked illegally at night, thereby helping to abate the situation.

PROPONENTS:

The following cited some examples of the problems and violations observed and experienced in the area. The majority felt that modified parking restrictions between the hours of 7:00 pm and 7:00 am would be better than a 24 hour parking ban. This would still allow those who legitimately use and enjoy the park to continue to do so. Questions were asked regarding enforcement jurisdiction and a possible parking area.:

Dennis Blaszak, 6287 Seufert Road

Ronald Tubbs, 6402 Seufert Road

Kathy Blaszak, 6287 Seufert Road

Brenda Rybczynski, 6321 Boston State Road

Mike Mombrea, 6323 Seufert Road

Toni Cudney, 5991 Scherff Road

Dan Glowacki, Superintendent of Chestnut Ridge Park acknowledged one of the problems was a shortage of manpower for patrolling. He further stated, the County’s position is in support of a modified parking ban and would not like to see those who enjoy the park hurt by any 24 hour restriction.

OPPONENTS:

The following individual voiced concern for those who legitimately use the park and felt that there should be parking within the bounds of the park where the parking restriction is dusk to dawn and consequently any parking at night would be illegal and could be dealt with. There used to be parking, at one time, at the Seufert Road park entrance, but the gate is closed and stays closed.:

Jean Miller, 25 Briggs Drive

Supervisor Mill clarified the issue of the public hearing, which is to minimize some of the problems at that property after dark. This restriction of parking on Seufert, if adopted, would allow patrols to have the authority to tag and/or tow illegally parked cars.

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

RESOLVED, that the Public Hearing in the matter of the proposed traffic order for Seufert Road

is hereby closed at 8:28 P.M. (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

There was discussion among Board Members and Town Attorney concerning the “language” to be used regarding the “hours” of restriction.

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

WHEREAS, following due and timely notice, a public hearing relating to the matter of a Traffic Order pertaining to Seufert Road, was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 6th day of August 1997, at which all interested parties were given an opportunity to be heard, the following Traffic Order was adopted:

ORDERED, that the Town of Orchard Park establish a twelve (12) hour “No Parking Zone” between the hours of 7:00 P.M. to 7:00 A.M., effective immediately, on both sides of Seufert Road for a distance of 1,500 feet beginning at the intersection of Seufert Road and Chestnut Ridge Road, and be it further

ORDERED, that the Orchard Park Highway Superintendent be and is hereby directed to post the proper and necessary signs indicating the parking restrictions as set forth above, and be it further

RESOLVED, that the Town Clerk publish and post a copy of said Traffic Order.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Barnas suggested that a meeting be scheduled with the County Parks Commissioners to further explore how to take care of the situation for the residents in that area. Councilman Buyer concurred and thought the County Legislators should be involved also.

PUBLIC HEARING 2

At 8:00 P.M. (local 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 Town of Orchard Park Zoning Ordinance, which amendment provides as follows:

Section 144-69 A.(1) - Add: At least ten (10) days prior to the date of the Public Hearing for an application for a change in the Zoning Map, the Building Inspector shall post a sixteen (16) square foot sign bearing the words, in 3" high letters, REZONING APPLICATION PENDING. The sign shall include, in a package to protect it from the weather, a copy of the resolution calling for the Public Hearing in connection with the rezoning application. The sign shall be posted within five (5) feet of the Right-of-Way, in clear view of passing traffic. In the event that a rezoning application is bounded by more than one highway, additional signs shall be placed within five (5) feet of each Right-of-Way, in clear view of passing traffic.

PROPONENTS:

The following individuals questioned; 1) the sign and its visibility and who has actual charge of the sign, 2) will there still be a notice published in the newspaper, and 3) suggested that 14 days posting of the sign would be better than 10 days:

Ray Paolini, 7303 Michael Road

Marvin Ashburn, 6326 Benning Road

Toni Cudney, 5991 Scherff Road

Town Attorney Leonard Berkowitz explained that the developer is not the one who is going to put up the sign, the Town Building Inspector shall be in charge of the sign and its composition, and in putting it up. Also, there is no change in publishing notices in the newspaper, that remains the same.

OPPONENTS:

No one spoke.

4) 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 an amendment to the Town Code, Section 144-69 A (1) is hereby closed at 8:39 P.M., (local time).

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

At this time there was discussion among members of the Town Board and the Town Attorney regarding ten (10) days versus fourteen (14) days posting of a sign prior to the public hearing date of pending rezoning.

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

WHEREAS following due and timely notice, a public hearing in the matter of an amendment to the Code of the Town of Orchard Park, was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York, on the 6th of August 1997 at which all interested parties were given an opportunity to be heard.

NOW THEREFORE, be it

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

Section 144-69 A. (1) Add: At least fourteen (14) days prior to the date of the Public Hearing for an application for a change in the Zoning Map, the Building Inspector shall post a sixteen (16) square foot sign bearing the words, in 3" high letters, REZONING APPLICATION PENDING. The sign shall include, in a package to protect it from the weather, a copy of the resolution calling for the Public Hearing in connection with the rezoning application. The sign shall be posted within five (5) feet of the Right-of-Way, in clear view of passing traffic. In the event that a rezoning application is bounded by more than one highway, additional signs shall be placed within five (5) feet of each Right-of-Way, in clear view of passing traffic.

This amendment 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.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

6) 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 in the matter of an amendment to the Code of the Town of Orchard Park, was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 18th day of June 1997 at which all interested parties were given an opportunity to be heard,

NOW THEREFORE, be it

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

ARTICLE X, Amendments

Section 144-67 Required plans and specifications.

Amended by adding the following paragraph:

At least ten (10) days before a scheduled hearing relating to any amendment of the Zoning Map, the Town Board shall cause to be forwarded, by regular mail, a notice of such proposed amendment to the Zoning Map to all owners of real property located within five hundred feet (500') of the border of the land which is the subject of the proposed amendment to the Zoning Map.

This amendment 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 - Award bid for the “Colony Park Reconstruction Project”.

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

WHEREAS, the Town of Orchard Park did receive and opened bids on August 1, 1997 for the Colony Park Reconstruction Project

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby award the bid for the Colony Park Reconstruction Project to Holes and Murphy, 75 Bank Street. Orchard Park , New York, in an amount not to exceed $874,503.50, they being the lowest responsible bidder thereof, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Award bid for the “North Benzing Road reconstruction Project”.

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

WHEREAS, the Town of Orchard Park did receive and open bids on August 1, 1997 for the North Benzing Road Reconstruction Project

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby award the bid for the North Benzing Road Reconstruction Project to DiPizio Construction, 100 Stradtman St., Cheektowaga, New York in an amount not to exceed $486,397.12, they being the lowest responsible bidder thereof, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 (not on agenda) - Consultant Inspection Services for N. Benzing Rd. Project

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

WHEREAS, due to the continuing heavy load of construction projects in the Town of Orchard Park, the Town Engineering Staff cannot provide inspection for the work on the North Benzing Road Reconstruction Project, and

WHEREAS, TVGA Engineering, Surveying, P.C. has submitted a proposal to provide such inspection services for said project

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby authorize the Town Supervisor to sign an agreement with TVGA Engineering, Surveying, P.C., 1000 Maple Road, Elma, New York to provide construction inspection services for the North Benzing Road Reconstruction Project at a billing rate of $35.00 per hour including all expenses, overhead and profit, etc., as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 & #2 - Referrals to the Planning Board.

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

RESOLVED, that the Town Board is hereby authorized to refer to the Planning Board and Conservation Board the following items as entered on the agenda: #1) Klass Ingredients, 4949 Ellicott Road. Requesting rezoning of two parcels of vacant land from R-1 to B-2, #2) Walter Schmidt, Jr., vacant property east side of California Road, between Big Tree Road and Duerr Road, zoned R-3. Request for Special Exception Use to construct a 52 Unit, 12 Building Townhouse Development.

RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Independence Hgts. request for a block party.

11)THE 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 approve the request the residents of Independence Heights to hold their annual Block Party in the cul-de-sac of Independence Drive on August 9, 1997.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #4 - Set Public Hearing for Repeal of Code Sec. 144-45 and 144-47-55.

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

RESOLVED that the Town Board is hereby authorized to schedule a public hearing on September 17, 1997 at 8:00 P.M. (Local time) for the repeal of Town Code Section 144-47 through Section 144-55 (the Planning Unit Development Ordinance), and the repeal of Section 144-45 A through I (the Cluster Development Ordinance), and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #5 (not on agenda) - Recreation Staff Summer Appointments.

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

RESOLVED that the Town Board is hereby authorized to approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the Recreation Director:

NAME ADDRESS POSITION RATE

Ian Kaminski 1 Squire Dr. Dir. $5.25

Katie Somerville 56 Chauncey Ln Aide . $4.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

ELECTED OFFICIALS

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

RESOLVED, that the Town Board is hereby authorized to approve the following transfer as recommended by the Town Clerk:

$3,483.00 From: A.3060.000.000 - Records Management Grant (A.510.0) - Estimated Revenues

To: A.1410.000.461- Records Management (A.960.0) - Appropriations

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Mill mentioned that the Public Safety Committee did comment on the Seufert Road parking restriction and that they were in agreement with said restriction.

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

RESOLVED, that the Town Board is hereby authorized to approve the following street lighting proposal from New York State Electric & Gas Corp. dated July 22, 1997, for Royal Hills Subdivision Phase II, and as recommended by the Town Engineer:

SC #3 7 Hunters Ridge, 1 Falcon Crest; Install: 8 3300 PT 50-watt High Pressure Sodium Luminaires @ $114.76 each, for a total annual increase of $918.08

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board is hereby authorized to approve the following street lighting proposal from New York State Electric & Gas Corp. Dated July 22, 1997, for Chestnut Ridge Village Part V, and as recommended by the Town Engineer:

SC #3 7 Lawrence Woods; Install: 7 3300 PT 50-watt High Pressure Sodium Luminaires @ $114.76 each, for a total annual increase of $803.32

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board is hereby authorized to Accept the Map, Plan and Report for the proposed Minden Drive Special Improvement Area within the Consolidated Lighting District, and be it further

RESOLVED, that the Town Board does hereby Adopt the Order scheduling a public hearing on September 3, 1997 at 8:00 P.M. to consider the establishment of a Special Assessment Area of the Orchard Park Lighting District for Minden Drive, and be it further

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

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Barnas stated that a meeting would be held Thursday August 7th at 7pm at the West Seneca Development Center regarding the placement of a group home in Orchard Park. Mr Barnas indicated he would oppose its location. He also stated that he would like to be appointed to and Chair the committee to set up a meeting with Chestnut Ridge Park.

Councilman Buyer commented on the inconsistency for rezoning applicants with regards to the 14 day requirement for notice of a sign Vs a 10 day notice for newspapers and area resident mailings.

There was discussion among members of the Town Board, Town Attorney and Building Inspector regarding any possible problems resulting from the 14 day Vs 10 day notices.

Councilwoman Ackerman reported on her activities with the environmental planning and the architectural planning of Quaker Crossing

Councilman Buyer noted, that across from the Quaker Crossing site, “For Sale” signs have gone up and hopes that this is not a forecast of things to come.

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

WHEREAS, following due and timely notice, a public hearing in the matter of 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 16th day of August 1995, at which time 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 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

NOW, THEREFORE, be it

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

Language highlighted indicates amendment to existing text.

Language underlined indicates new text.

Language appearing with a line through it is deleted from text.

§25-4 Authority to Require Open Land Area. This section is hereby amended as follows:

A. Pursuant to Section 277 of the Town Law, the Planning Board is authorized and empowered before its approval of a plat showing the lots, blocks or sites or in connection with the approval of a plat, already filed in the Office of County Clerk, if such plat is entirely or partially undeveloped, to require an open land area equal to a least nine percent (9%) of the total area represented by said plat to be conveyed to the town for playground or other recreational purposes and that the minimum size of said open area be at least four (4) acres. Flood plains, protected wetlands, existing drainage areas shall not be used to meet the open land area minimum requirements.

THE FOLLOWING FEES ARE HEREBY AMENDED AS FOLLOWS:

1. The Town of Orchard Park Schedule of Zoning Fees

C. Zoning amendment or change petition.

(1) Any petition and the accompanying instruments to amend or change the zoning regulations relating to parcels of land amounting to five (5) acres or less shall be accompanied by an initial filing fee of fifty dollars ($50.). Subsequent to recommendation of the Planning Board and prior to publication in the official town newspaper, the following fees shall be paid:

2. §144-32 Miscellaneous Uses.

(4) Annual license renewal for riding academy and public stables.

(a) Upon receiving a special exception use, the owner shall pay a license fee of fifty dollars ($50.) to the Town Clerk. Thereafter, on the annual basis the owner must appear before the Town Board for its approval for the one-year renewal of the license at the same fee of fifty dollars ($50.).

3. Peddlers and Solicitors

§ 101-4 License fee. [This section is hereby repealed and the following section is substituted.]

A fee of fifty dollars ($50.) for residents of the State of New York and a fee of one hundred fifty dollars ($150.) for non-residents of the State of New York shall be paid by the applicant for each license issued pursuant to the provisions of this chapter, except or those persons to whom the chapter is not applicable as stated in §101-2 hereof.

§144-5 Terms defined.

B. As used in this chapter, the following terms shall have the meanings indicated:

MONUMENT SIGN- A free standing sign with a solid supporting base, not exceeding thirty (30) square feet in area or five (5) feet in height. Where sign surface and base are the same dimension the text of the sign shall not exceed twenty (20) square feet.

[Repeal the current definition of STORY, HALF]

STORY HALF - A story under a sloping roof, having a ceiling height of seven and one half (7 ½) feet or more not exceeding one-half (½) of the floor area of the uppermost full story in the building. Areas less than five (5) feet in height are not to be considered as habitable space.

TEMPORARY SIGN - Any sign to be used or emplaced for a period of thirty (30) days or less. Such sign shall be removed five (5) business days after the final day of its authorized emplacement.

§ 144-20 General lot regulations.

[§ 144-20 A(2) is hereby repealed and in its place, the following is substituted.]

Nonconforming lots sixty (60) feet in width or less shall have a side yard setback of five (5) feet. Side yard setbacks of nonconforming lots greater than sixty (60) feet shall increase one (1) additional foot for each ten (10) feet of width up to the minimum side yard setback set forth in this ordinance. Where said lot is adjacent to any street, a side yard conforming to that set forth in § 144-22d, shall be required.

§ 144-20 E. Exterior display. Any exterior display in all B and I and DR Districts must be approved by the Planning Board.

§ 144-21 B. Roof-mounted antennas.

(1) Roof-mounted antennas, including dish antennas or other devices for receiving, sending or relaying electronic signals, except as hereinafter provided, shall not project more than ix (6) feet above the highest point of the building nor exceed three (3) feet

in diameter.

(2) Roof-mounted antennas, including dish antennas or other devices for receiving, sending or relaying electronic signals in connection with point-to-point bypass communication facilities, which facility is located in a I-1 Industrial Zone, shall not exceed three (3) feet in diameter.

C. The height limitations of Article IV and Article V shall not apply to towers for point-to- point bypass communication facilities located within an I-1 Industrial Zone, which meet the following criteria:

(3) The ~~towner~~ tower shall be located only in the rear yard and limited to not more than one (1) tower per site.

§ 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 subsection, the stub end of the street shall not be considered a portion of the street or highway length. Two (2) lots with minimum street access shall not be contiguous.

§ 144-24 Accessory structures.

A. Minimum regulations.

(1) Unattached accessory structures in R all Districts.

(c.) No accessory structure shall be located closer than ten (10) feet to any ~~dwelling~~ primary structure.

C. Accessory structures in B, I & DR Districts shall be ten (10) feet from the rear and side lot lines and shall be no larger than one hundred twenty (120) square feet.

~~C. Accessory structures other R Districts. The provisions of this section relating to~~ ~~accessory structures shall not apply to farms as defines in this chapter.~~

[This section is repealed.]

§ 144-26 Excavations.

A. No excavation, removal, or storage or filling of earth, sand, gravel, rock, topsoil....

B. Before excavation, removal, or storage or filling of any of the material mentioned in Subsection A, the owner or lessee...

C. Application.

(1) Comprehensive plan; permit from Department of Environmental Conservation.

(a) The applicant shall file with the Town Engineer of the Town of Orchard Park an application, in duplicate, together with a comprehensive plan drawn to scale of one (1) inch equals one hundred (100) feet, setting forth in detail:

[1] The location of the premises and the location and extent of the proposed excavation or filling.

[2] The exact conditions, profiles and cross sections of premises before excavation or filling and those proposed after excavation or filling.

[8] Proposed surface texture or ground cover after excavation or filing.

F. Surface

(1) Surface texture or ground cover for each ~~removal~~ operation may consist of one [1] or more of the following:

§144-29 Automotive facilities; parking.

A. Off-street parking. In all districts, in connection with every business, institutional, recreational, residential or any other use, there shall be provided, at the time any new building or structure is built, altered or erected, off-street parking spaces open to the public at no charge for automobiles in accordance with the requirements set forth herein:

(2) Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the off-street parking schedule below. In the case of any building, structure or premises the use of which is not specifically mentioned herein, or in special circumstances, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Planning Board, shall apply. The Town Board may, upon recommendation of the Planning Board require a fewer number of parking spaces for single business in all B and I Districts.

(6) Landscape areas.

(b) Each interior landscape area shall have a minimum area of sixty-four (64) square feet and a minimum width of five (5) feet.

§ 144-44 Applications for building permit and certificates of occupancy in B, I-1 or D-R Zones.

K. Upon receipt of final approval from the Town Board, construction of any structures which are the subject of this Article shall commence no later than one (1) year after the date of approval. In the event that construction is not commenced within one (1) year after the date of approval, the Town Board and the Planning Board may require that the review procedures set forth in this Article be repeated.

These amendments 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.

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

WHEREAS, an application has been submitted for an excavation permit to stockpile earthen material on approximately 2 acres of vacant land south of Imperial Drive, and

WHEREAS, said 2 acres are owned by Erminio Liberatore, 3266 Seneca St., West Seneca, who has granted written permission to Holmes & Murphy to dispose of the material during the Colony Park Subdivision Reconstruction, and

WHEREAS, we are in receipt of the $50.00 application fee and the $4,000.00 restoration security

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to approve Excavation Permit #1997-02 to Holmes & Murphy, Inc. For the storage of earth on vacant land at the south end of Imperial Drive as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, an application has been received for an excavation permit to place earthen material on approximately 3 acres of vacant land west of North Benzing Road, adjacent to Niagara Mohawk Power Transmission lines, and

WHEREAS, said 3 acres are owned by Quaker Crossing LLC, 3275 North Benzing Road , who has granted written permission to DiPizio Construction to dispose of the material to be excavated during the North Benzing Road Reconstruction Project, and

WHEREAS, we are in receipt of the $50.00 application fee and the $6,000.00 restoration security

NOW, THEREFORE, be it

RESOLVED, that the Town Board is hereby authorized to approve Excavation Permit #1997-03 to DiPizio Construction, Inc. For the placement of earth fill on vacant property west of North Benzing Road., as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, we have received from DPS Southwestern, Inc., an application for a public Improvement Permit to construct Part 1 of the Birdsong Subdivision consisting of 3,265 L.F. of roadway and utilities to serve 37 sublots, and

WHEREAS, we have also received from said developer another application for a permit to install a portion of the initial parkland improvements in Birdsong Park, and

WHEREAS, the plans and specification for said project have been reviewed and are in compliance with current Town specification, the required securities, as agreed upon by the Town, the Developer, and the Homeowners Association are in place, and all necessary fees have been paid

NOW, THEREFORE, be it

RESOLVED, that the Town Board does hereby approve Public Improvement Permit #1997-010 for Birdsong Subdivision Part 1, Phase 1; and Public Improvement Permit #1997-011 for Birdsong Park, Phase 1.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

WHEREAS, a final inspection was conducted of the public improvements constructed in the Royal Hill II Subdivision Part 2, Phase 3 and all work has been completed per Town specifications and standards, and

WHEREAS, all of the required easements and approvals have been received and a maintenance bond has been submitted

NOW, THEREFORE, be it

RESOLVED that the Town Board is hereby authorized to direct the Town Attorney to proceed with the dedication of the public improvements installed in the Royal Hill II Subdivision Part 2, Phase 3 as constructed under Public Improvement Permit #1997-05, and be it further

RESOLVED, the Town Clerk is hereby directed to release the performance security in the amount of $40,000.00, as recommended by the Town Engineer.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #15, following auditing by members of the Town Board and in the funds indicated:

$ 132,479.49 General Fund

$ 4,425.14 Part Town Fund

$ 30,840.19 Highway Fund

$ 61,001.40 Special District Fund

$ 66,070.88 Trust & Agency Fund

$ 15,919.95 Capital Fund

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED that the Town Board is hereby authorized to receive and file the following Communications as entered on the Agenda: 1) West Seneca Central School District list of officers and trustees for it’s District Board of Education for the 1997-98 school year. 2) New York State Office of General Services Standards and Purchase Group Memo regarding the extension of contract period for batteries. 3) New York State Department of Environmental Conservation letter regarding revisions to State Environmental Quality Review Regulations.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

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

RESOLVED, that the Town Board is hereby authorized to receive and file the following reports as entered on the Agenda: 1) Board of Assessment Review changes to be made on the Assessment Roll, and, 2) Orchard Park Police Department’s monthly report for June 1997, 3) Orchard Park Building Inspector’s monthly report for June 1997.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

BUSINESS FROM THE FLOOR

1. Marvin Ashburn, 6326 Benning Road - Challenged, as a conflict of interest, a local elected official also being appointed by the Governor and working for State Government.

2. Karen Piper, 146 Velore Avenue - Voiced her concerns regarding an abandoned house at 101 Velore Avenue, and asked if something couldn’t be done about it. The Supervisor asked the Building Inspector to look into it and to contact the property owner.

3. Ron Bieger, 6314 Milestrip Road - Objected to the wood deck/platform installed into the buffer zone between his property and Jim Ball Pontiac by Jim Ball. That is not what a buffer zone is for.

4. Bill Pajerski, 4216 Liberty Drive - Reminded the Board that he still has water pressure problems and wished that something could be done about it. The Supervisor stated the Water Authority has been contacted and feels it is their responsibility. In the mean time the town is looking into possible alternatives.

5. Brian Baker, 64 Velore Avenue - Stated that there are other unsightly properties on Velore besides the one at 101 Velore. Asked if we couldn’t look into the type of ordinances of other towns. The Supervisor replied that the town prefers to give the property owner a chance to take care of the problem before taking action and asked the Building Inspector to go and look at the properties in question.

6. Andrew Wiencek, 6344 Milestrip Road - Itemized several areas of concern: Noise and lighting once baffled by trees, is gone now that Jim Ball Pontiac is there, plus the noise late at night in delivery of their cars; the wood deck/platform for Jim Ball Pontiac built in the buffer area, should not be; The need for better traffic control at the Milestrip & Southwestern intersection; The need to enforce the posted speed limit: and, The need to post a weight limit on Hart Place. Supervisor Mill asked the Public Safety Committee Chairman to look into posting a weight limit on Hart Place and stated that he would give Jim Ball Pontiac a call regarding the late off loading of cars.

7. Alan Piper, 146 Velore Avenue - Challenged the lack of police traffic patrol at certain intersections where busses and cars run red lights.

8. Ray Paolini, 7303 Michael Road - Asked, if an individual mails in written comments concerning a specific public hearing, do those written comments become part of that public hearing. The Supervisor responded, yes, it would be part of that public hearing. Just mail it in to the Town Clerk.

9. Ed Simon, 6275 Milestrip Road - Stated: that he believes no permits should be issued where there are deed restrictions. The deck/platform in the buffer zone at Jim Ball Pontiac should come out. Mr.Simon further asked, what is being done about the lights at Jim Ball, they were supposed to be changed? Town Board members and the Building Inspector pointed out that the matter of the deck/platform is in the process of trying to be resolved and the lighting plan, after the fact, has been filed and received approval from the Planning Board and form the Town Board. They are now in the process of bringing their lighting into compliance with the approved plan.

There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 10:00 P.M. (local time).

UNANIMOUSLY ADOPTED

Respectfully submitted,

Janis A. Colarusso

Town Clerk