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 16th day of July, 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 BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the minutes of the regular meetings of the Town Board, held on July 2, 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
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 rezoning of vacant land, east of 6170 West Quaker Street, from B-2 to R-3, as petitioned by Joseph K. Quinn.
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:
Joseph Quinn, 147 Stepping Stone Lane: Stated he wanted to build a personal residence for himself.
OPPONENTS:
No one spoke.
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 rezoning vacant land, east of 6170 West Quaker Street, Orchard Park, New York, from B-2 to R-3 is hereby closed at 8:04 P.M., (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, 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, S4295 South Buffalo Street, Orchard Park, New York on the 16th day of July 1997, at which time all interested parties were given an opportunity to be heard, which amendment provides as follows:
To rezone vacant land east of 6170 West Quaker Street from B-2 to R-3, for the purpose of constructing a private residence, as petitioned by Joseph K. Quinn.
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, with the following stipulations: 1) This is an Unlisted SEQR action based on the submitted Short EAF and a Negative Declaration shall be made. 2) Fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice. 3) The recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
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 B-2 to R-3, vacant land east of 6170 West Quaker Street as follows:
All THAT TRACT OR PARCEL OF LAND, situated in the Village and Town of Orchard Park, county of Erie and State of New York being part of Lots 15 and 23, Township 9 of Range 7 of the Holland Land Company’s Survey, being more particularly described as follows:
Beginning at a point in the centerline of West Quaker Street, a distance of 38.35 feet easterly as measured along said centerline at its intersection with the west line of the Village of Orchard Park; Thence northerly at right angles to said centerline, a distance of 233.00 feet; Thence westerly at right angles and parallel with said centerline of West Quaker Street, a distance of 108.19 feet; Thence northerly at right angles to last described line, a distance of 100.00 feet to a point on the southerly line of lands deeded to Militello; Thence easterly at right angles to the last described line and along the southerly line of Militello, a distance of 210.58 feet to a point on the westerly line of the Village of Orchard Park; Thence south along the westerly line of the Village at an included angle of 67°05'20", a distance of 185.96 feet; Thence southeasterly at a deflection angle to the left of 42°20'42", a distance of 171.48 feet to the centerline of West Quaker Street, as aforementioned; Thence westerly and along the said centerline, a distance of 87.05 feet, to the point of beginning, containing 0.72 acres, more or less, excluding the highway.
and be it further
RESOLVED, that this approval is granted with the following stipulations as recommended by the Planning Board on 6/11/97: 1) This is an unlisted SEQR action based on the submitted Short EAF therefore a Negative SEQRA Declaration. 2) Fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the public hearing notice. 3) This is contingent upon the petitioner completing the project as proposed on the preliminary development plans and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
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 Town Law.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #1 - Jim Ball Pontiac: Requesting approval for a lighting plan.
4) 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 Lighting Plan request from Jim Ball Pontiac, 3475 Southwestern Blvd., as recommended by the Planning Board 7/9/97, with the following stipulations: 1) This is a Type 2 SEQR action and therefore a Negative SEQRA Declaration 2) The lighting plan is per the plan presented to the Planning Board including a written summary of lights that have been disconnected, lights that will be left on after 9:30 P.M. for security purposes, and the six (6) Hart Place lights and three (3) Milestrip Road lights east of the driveway will have back and side shields.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Joseph DeMarco: Requesting approval for a lighting plan
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the Lighting Plan request from Joseph DeMarco, 3689 California Road, as recommended by the Planning Board 7/9/97 with the following stipulations: 1) This is an unlisted SEQR action based on the submitted Full EAF Parts 1 and 2 and therefore a Negative SEQRA Declaration. 2) A Landscape Completion Bond be submitted. 3) The site lighting plan is limited to those fixtures included on the approved site plan which are 100 watt HADCO wall pack fixtures. 4) No outside storage or display is submitted. 5) Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
Old Business #3 - Garry Tank: Requesting a Change-in-use
6) 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 from Garry Tank, 3659 Eggert Road for a Change in Use from a residence to offices, as recommended by the Planning Board 7/9/97 with the following stipulations: 1) This is an unlisted SEQR action based on the submitted Short EAF and therefore a Negative SEQRA Declaration. 2) The site plan includes 34% green space. 4) No outside storage or display is permitted. 3) The site lighting plan is limited to the existing fixtures, no additional lighting is approved at this time. 5) Any future dumpsters shall be screened in accordance with Section 144-25 of the Town Code.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #4 - Quaker Medical Associates: Requesting a Building Permit
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the request from Quaker Medical Associates, 3560 North Buffalo Road for a building permit to construct a 662 sq.ft. addition to an existing building, as recommended by the Planning Board 7/9/97 with the following stipulation: 1) This is a Type 2 SEQR action and therefore not subject to SEQRA review.. 2) No landscape bond is required, and the site will have 71% green space. 3) The site lighting plan is limited to the existing fixtures and poles indicated on the approved site plan, including the relocation of one wall mounted fixture. 4) No outside storage or display is permitted. 5) Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code. 6) The Town Engineering Department has no concerns. 7) The site’s parking for this use is at its maximum
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Western New York Pediatrics Group: Requesting a Building Permit
8) 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 approve the request from Western New York Pediatrics Group, S3675 Southwestern Blvd., for a building permit to construct a 3,100 sq.ft. Addition to an existing building, as recommended by the Planning Board 7/9/97 with the following stipulations: 1) This is a Type 2 SEQR action and therefore not subject to SEQRA review. 2) A Landscape Completion bond in the amount of $2,500.00 or a certified check in the amount of $1,250.00 shall be submitted 3) The site lighting plan is limited to those fixtures and poles included on the approved site plan. The pole lights shall be flat head with flat lens. 4) No outside storage or display is permitted. 5) Dumpsters as shown shall be screened along with any additional dumpster on the site all of which shall be screened in accordance with Section 144-25 of the Gown Code., 6) Town Engineering Department approval has been granted.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #6 - Simoncelli Electric: Requesting a Building Permit
9) 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 from Simoncelli Electric, 3740 California Road for a building permit to construct a 7,000 sq.ft. Addition to an existing building as recommended by the Planning Board 9/7/97, with the following stipulations: 1) This is an Unlisted SEQR action based in the submitted Full EAF Parts 1 and 2, and therefore a Negative SEQRA Declaration. 2) A Landscape Completion bond in the amount of $6,000.00, or a certified check in the amount of $3,000.00 shall be submitted. 3) The site lighting plan is limited to those fixtures and poles included on the approved site plan. 4) No outside storage or display is permitted. 5) Dumpsters as shown shall be screened in accordance with Section 144-25 of the Town Code. 6) This project has received Town Engineering approval.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1- Award the Bid for “Police Uniform Parts
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the Town Board is hereby authorized to award the bid for police uniform parts to United Uniform Company, Inc., 495 N. French Road, Buffalo, New York, they being the lowest responsible bidder thereof, as recommended by the Chief of Police.
RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 (not on the agenda) Recreation Department Appointment
11) 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
Sue Wiencek 6344 Milestrip Rd Dir. $5.55
Ralph Geschwill 17 Burbank Dr. Sub/Dir. $5.55
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #3 (not on the agenda) Building Inspector to attend conference
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 approve the request from Joseph Campion, Building Inspector, to attend the N.Y.S. Building Officials Conference at Lake Placid, N.Y. on September 17 thru 19, 1997, as provided in the budget.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #4 (not on the agenda) Resignation of Mary Jarocha
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board is hereby authorized to accept with regret, the resignation of Mary C. Jarocha Deputy Receiver of Taxes and Town of Orchard Park Water Clerk, effective July 25, 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
New Business #5 (not on the agenda) Appointment of Mary Perram
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED that the Town Board is hereby authorized to appoint Mary E. Perram, 5785 Cole Road, Orchard Park, to the position of Deputy Receiver of Taxes and Town of Orchard Park Water Clerk, effective July 28, 1997, with the salary as stipulated in the budget, and as recommended by the Receiver of Taxes.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board is hereby authorized to schedule a bid opening on August 1, 1997 at 10:00 A.M. (Local time) for the reconstruction of North Benzing Road, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof in the Southtowns Citizen and in the Buffalo News.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) 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 bid opening on August 1, 1997 at 10:00 A.M. (local time) for the reconstruction of existing streets in the Colony Park Subdivision, as recommended by the Town Engineer, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof in the Southtowns Citizen and in the Buffalo News.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT;
RESOLVED, that the Town Board hereby authorizes the approval of all entries on Warrant #14, following auditing by members of the Town Board and in the funds indicated:
$ 125,319.45 General Fund
$ 428.71 Part Town Fund
$ 14,257.43 Highway Fund
$ 133,054.74 Special District Fund
$ 8,993.17 Trust & Agency Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
18) 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 receive and file the following communications as entered on the Agenda: 1) Town of Orchard Park Recreation Department: Notification of their change of Public Swim Hours, New hours are 11:00 A.M. to 7:00 P.M., 2) West Seneca Central School District’s announcement that the West Seneca Board of Education approved a resolution authorizing the receiver of Taxes and the School District Tax Collector to accept partial payments in the West Seneca Central School District, 3) New York State Governor’s Task Force on Information Resource Management, 4) James E. Morgan, Erie County coordinator for distribution of signs stating “Drug Free Zone” for libraries. Request to deliver signs to the Orchard Park Library.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
19)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 receive and file the following reports as entered on the Agenda: 1) Orchard Park Police Department’s monthly report for June 1997, 2) Orchard Park Building Inspector’s monthly report for June 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
Bill Pajerski - 4216 Liberty Drive: Voiced his concerns regarding the very low water pressure in the Liberty Drive area. Supervisor Mill responded that he had been in touch with the water authority and that the Town Attorney is following up with them.
Bob Howard - 5270 Powers Rd: Commented he was concerned and not in favor of opening up Benzing Road.
John Schneider - 5505 Lake Ave:Voiced his concerns regarding drainage in the N. Benzing Rd. area.
Nadine Doetterl - Liberty Dr: Inquired about drainage easements on Taylor Road.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 8:32 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk