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 18th day of June, 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 COUNCILWOMAN ACKERMAN, TO WIT.
RESOLVED, that the minutes of the regular meetings of the Town Board, held on June 4, 1997, and 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.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING
At 8:00 P.M. (local time), 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 Town Code of Ordinance, Section 144-67: Required Plans and Specifications by adding the following paragraph:
At least ten days before a scheduled hearing to any amendment of the Zoning Map, the Town Board shall cause to be forwarded, be 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.
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.
Supervisor Mill explained the purpose of this amendment is to provide notification to bordering properties within 500 feet whenever there is a proposed zoning change.
PROPONENTS:
1. Marvin Ashburn, 6326 Benning Road: Spoke in favor of the amendment and commented that perhaps the footage should be 1,000 ft, as in a rural area, the properties are farther apart and not as many owners.
2. Michael Crashell, 7238 Michael Road: Suggested that one mile would be a better measurement when you consider the impact on traffic.
3. Raymond Paolini, 7303 Michael Road: Questioned the 10 day notification time frame as residents could be away and commented it would be a good idea to post a sign on the involved property.
4. Tony Cudney, 5991 Scherff Road: Agreed that 500 feet was inadequate, particularly in a agricultural district, and felt that posting a sign was an excellent idea as it would serve to notify those driving by and who may not live within the immediately vicinity.
OPPONENTS:
No one spoke.
Councilman Barnas stated the Planning Board has now made the recommendation that a sign will be posted on the property.
2) 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 is hereby closed at 8:09 P.M. (local time).
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill stated that no decision would be made at this time. The Board will review all the comments made tonight.
Councilman Buyer requested the Town Attorney to draft additional legislation to cover the requirement for a 16 sq.ft. sign.
Old Business #1 - F. McGuire, 4370 S. Taylor Rd. - Change in Use from residence to office.
3) 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 Francis Maguire, DDS, 4370 South Taylor Road, for a Change in Use from a residence to an office as recommended by the Planning Board 6/11/97 with the following stipulation: this is an Unlisted Action, therefore, a Negative SEQR is declared based on the submitted short EAF.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #2 - Bryan Young, 2703 Angle Rd. - Building Permit.
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 request from Bryan Young, 2793 Angle Road, for a building permit to construct a 6,912 sq.ft warehouse and a 5,280 sq.ft. truck building as recommended by the Planning Board 6/11/97 with the following stipulation of 6/11/97: 1) this is an Unlisted Action, therefore, a Negative SEQR is declared based on the submitted full EAF Parts 1 and 2; 2) exterior lighting fixtures shall be per the approved plan and only type SA and SB will be used. Type SC fixtures are not permitted; 3) Town Engineering approval has been received and, with the stipulations of the Planning Board of 5/14/97: 1) a landscape completion bond in the amount of a $10,400.00 bond or a certified check in the amount of $5,200.00 be submitted; 2) the site lighting plan is limited to those fixtures with flat lens and poles included on the approved site plan; 3) no outside storage or display is permitted other than those shown on the approve site plan; 4) 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; 5) Six (6) ft high solid stockade type fence shall be used in lieu of chain link fencing along the southern lot line and Angle Road from the southwest corner to the driveway; 6) the construction entrance for the site shall be from Southwestern Blvd.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 - Quaker Crossing Retail Center - Bank Building.
5) 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 request by Quaker Crossing LLC, vacant land (outparcel) for a building permit to construct a 3,500 sq.ft. Bank building in the Quaker Crossing Retail Center as recommended by the Planning Board 6/11/97 with the following stipulations; 1) no SEQR review is required as this is a Type 2 SEQR action based on the Full EAF Part 1; 2) A landscape completion bond in the amount of a $10,200.00 bond or a certified check in the amount of $5,100.00; 3) the site lighting plan is limited to those fixtures and 22' high poles with a maximum overall height of 25' included on the approved site plan. Fixture types will be A, B, and C as approved for the Quaker Crossing (Target) project; 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) this outparcel development is .99_ acres of the total 7.97 acres outparcel area indicated on a site plan dated 12/22/96 as prepared by Pratt & Huth; 7) building setback will be a minimum of 20' from any private roadway pavement; 8) this project has received Town Engineering approval on 6/11/97.
Dennis J. Mill Voting Aye
John J. Mills Voting Nay
Paul D. Barnas Voting Aye
David M. Buyer Voting Nay
Nancy W. Ackerman Voting Aye
THE RESOLUTION WAS DULY ADOPTED.
Old Business #4 - J. DeMarco, 3689 California Rd. - Storage Facility.
6) 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 approve the request from Joseph DeMarco, 3689 California Road for a building permit to construct a 15,000 sq.ft. storage facility as recommended by the Planning Board 6/11/97 with the following stipulations: 1) this is an Unlisted Action, therefore, a Negative SEQR is declared based on the submitted Full EAF Parts 1 and 2; 2) a landscape completion bond in the amount of a $9,000.00 bond or a certified check on the amount of $4,500.00 be submitted; 3) No exterior lighting is approved at this time. The petitioner will select alternate exterior building lighting fixtures and is to appear at the July Planning Board meeting; 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) this project has received Town Engineering approval.
.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #5 - Joseph Quinn, 6170 W. Quaker Street - Set public hearing for rezoning.
7) 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 schedule a public hearing on 7/16/97 at 8:00 P.M. (Local time) in the matter of an amendment to the Zoning Ordinance to rezone from B-2 to R-3, vacant land east of 6170 West Quaker Street, as petitioned by Joseph K. Quinn, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof, and be it further
RESOLVED, that notice of this particular proposed amendment to the Zoning Map be forwarded to those property owners within 500 ft of the proposed rezoning.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1-KDM Associates, Inc., 115 Mid County Drive - Addition to building.
8) 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 refer to the Planning Board and the Conservation Board the request from KDM Associates Inc., 115 Mid County Drive for a building permit to construct a 3,000 sq.ft. addition to their existing building for parts assembly for boiler products.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #2 (not on agenda) Recreation Department Summer Appointments.
9) 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 approve the following resident appointments to the 1997 Summer Recreation Staff as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE HOURS
Lara Wutz 3274 Baker Sub/Grd $5.25 -
Michael Workman 90 Fox Meadow Sub/Grd $5.25 -
Laura Besanceney 73 Briar Hill Aide $4.60 30
Jodie Kurcz 9 Kings Court Aide $4.75 30
Megara Fitzgibbons 126 Elmhurst Hd.Grd. $5.80/hr 35
Mara Mariani 8 Pinewood Grd $5.25 30
Adam Pawlak 49 Knob Hill Sub/Grd $5.25 -
Amy Wellington 6851 Scherff Sub/Sec $5.55 35
Tracy Clere 9 Knob Hill Aide $4.60 35
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS
10) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT.
RESOLVED, that the Town Board is hereby authorized to approve the following resident requests for block parties: 1) Requesting the use of Alexander Way, a public street, on Friday July 4th, 1997 by partially barricading the middle of the street and containing the party to the end of the street near the cul-de-sac; 2) Requesting the use of Peppermill Road, a public street, on Sunday July 27, 1997 by barricading the street from noon to dusk.
Before the vote, Supervisor Mill stated that the Chief of Police and the Highway Superintendent have been informed of these dates.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Councilman Buyer reported the Planning Board will be making a recommendation that a public hearing be scheduled for the deletion of the Planned Unit Development (PUD) from the Town Code. The matter of the Cluster Ordinance is still being reviewed.
Supervisor Mill reported he had received a reply from the Erie County DPW 1) concerning a four way stop sign at Scherff and Gartman, they requested information on vehicular accidents at that intersection, which our Police Chief has forwarded to them, and 2) in response to our request for a weight restriction on Lake Avenue they have advised us that they have no intent of posting weight restrictions on said highway.
Councilwoman Ackerman reported the Household Hazardous Waster Drop Off will take place this Saturday, June 21, 1997 at the Erie Community College South Campus.
Town Attorney Leonard Berkowitz reported that the Town has secured title to the property on Scherff Road, formerly owned by John Cernaj, deceased. Notice has been given to the new owners, his surviving three children, to remove the structure which is unsafe and that a hearing has been provided at the next Town Board Meeting on July 2, 1997
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Town was awarded a $12,000.00 grant from the New York State Archives and Records Administration (“SARA”) to fund a feasibility study for the Town of Orchard Park to implement a geographical information system (“GIS”), and
WHEREAS, a proposal has been received from Inteligis Corporation, the leader in Western New York in GIS research and development, to provide consultant services for said study
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with Inteligis Corporation, 1868 Niagara Falls Boulevard, Tonawanda, New York to perform a GIS Feasibility Study in accordance with SARA guidelines at a cost not to exceed $12,000.00 as recommended by the Town Engineer, Project Manager.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT.
WHEREAS, an application for an excavation permit has been received, to construct two (2) filtration basins as part of the wetlands mitigation project for the Birdsong Subdivision, and
WHEREAS, in addition to the ecological benefits of enhancing the existing wetlands and wildlife habitat, the primary purpose of these basins is to filter out contaminants from rainfall runoff received from the development prior to its release into Smokes Creek, and
WHEREAS, the developer has submitted the required permit fee of $1,150.00 and a performance security of $42,000.00 and has received permits for this work from both the Army Corps of Engineers and the New York State Dept. of Environmental Conservation
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve excavation permit #1997- 01 to DPS Southwestern Inc., to construct two (2) storm water filtration basins, 3.1 acres and 1.6 acres in size, in connection with the proposed Birdsong Subdivision, as recommended by the Town Engineer.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
There was discussion concerning the dumping of top soil and fill off of Freeman Road and its closeness to Smokes Creek. This was addressed by the Town Engineer and Building Inspector, who will look in to it.
13) 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 a Public Improvement Permit to construct the new Town highways which will provide access to the Quaker Crossing Retail Center, and
WHEREAS, the plans and specifications for the project have been reviewed and are in compliance with current Town specifications, necessary rights of way have been acquired and approvals obtained from other involved agencies and the required fees, insurance and performance securities have been received
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to approve Public Improvement Permit #1997-08 for the Town highway construction work associated with the Quaker Crossing Retail Center.
Dennis J. Mill Voting Aye
John J. Mills Voting Nay
Paul D. Barnas Voting Aye
David M. Buyer Voting Nay
Nancy W. Ackerman Voting Aye
THE RESOLUTION WAS DULY ADOPTED.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT.
WHEREAS, TVGA Engineering, Surveying, P.C. has submitted a proposal to perform inspection services for the Town of Orchard Park during the construction of the new Town highways associated with the Quaker Crossing Retail Center, and
WHEREAS, said proposal provides for on-site inspection when required at a billing rate of $35.00 per hour which includes overhead, expenses and profit. The developer has paid inspection fees in the amount of $24,250.00 which should be adequate to cover the cost of consultant services for the roadway portion of the work
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign an agreement with TVGA Engineering Surveying, P.C., 1000 Maple Road, Elma, New York for construction services on P.I.P. #1997-08 for the construction of Town highways for the Quaker Crossing Retail Center.
Dennis J. Mill Voting Aye
John J. Mills Voting Nay
Paul D. Barnas Voting Aye
David M. Buyer Voting Aye
Nancy w. Ackerman Voting Aye
THE RESOLUTION WAS DULY ADOPTED.
15) 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 #12, following auditing by members of the Town Board and in the funds indicated:
$ 58,319.28 General Fund
$ 41.15 Part Town Fund
$ 1,000.00 Risk Retention
$ 30,578.99 Highway Fund
$ 2,694.10 Special District Fund
$ 4,865.80 Trust & Agency Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, WIT;
RESOLVED, that the Town Board is hereby authorized to receive and file the communication as entered on the agenda:
1. Erie County Legislator Frederick J. Marshall: News Release concerning the upcoming Household Hazardous Waste Drop-off Day, Saturday, June 21, 1997. The site for this program is Erie Community College South Campus in Orchard Park from 9:00 A.M. to 2:00 P.M. This is an ideal opportunity for residents of the south towns to dispose of common products, such as propane cylinders, car batteries and oil based paints, which are not accepted in refuse and garbage pickups.
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 is hereby authorized to receive and file the report as entered on the agenda: 1) Chief of Police, Monthly Report for May 1997; and, 2) Building Permits and Building Inspectors Monthly Report for May 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
The following individuals had concerns about: Drainage in the Liberty Park area; Roadway conditions/potholes; Water pressure levels; SEQR process; Sewers and overall building processes.
1) Bill Kraus, 6031 Berkley Drive
2) Tara Regan, 6030 Berkley
3) Debbie Patterson, 5139 Lake Avenue
4) Kathleen Whieldon, 4164 Imperial Drive
5) Dan Nowak, 6031 Emerson Drive
6) Toni Cudney, 5991 Scherff Road
7) Ray Paolini, 7303 Michael Road
8) Cary Kuminecz, 6054 Berkley Drive
9) Bob Karches, 6072 Emerson Drive
10) Mike Crashell, 7283 Michael Road
11) Marvin Ashburn, 6326 Benning Road
12) Bill Pajerski, 4216 Liberty Drive
13) Kathy Morans, 6047 Berkley Drive
14) Tom Degrave, 4166 Liberty Drive
15) Jim Doetterl, 4155 Liberty Drive
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman Ackerman, the meeting was adjourned at 9:37 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk