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 17th day of September 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
Kathleen A. Swarbrick Deputy Town Clerk
Leonard Berkowitz Town Attorney
Robert C. Henning Police Chief
Ronald A. Geitter Superintendent of Highways
Michael R. Merritt Town Engineer
ABSENT: Janis A. Colarusso Town Clerk
Joseph Campion Building Inspector
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 meeting of the Town Board, held on August 20, 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.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
PUBLIC HEARING - #1
At 8:00 P.M. (local time), the Supervisor explained that the Petitioner, John Klass, had withdrawn his request to rezone vacant land east side of Ellicott Road.
PUBLIC HEARING - #2
At 8:00 P.M. (local time), the Supervisor called for the Public Hearing in the matter of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:
Planned Unit Development Ordinance, Section 144-47 through 144-55; and the Cluster Development Ordinance, Section 144-45, Subdivisions a through I are hereby repealed.
Affidavits of Publication and Posting of the Legal Notice were presented, read aloud and filed with the Town Board by the Deputy Town Clerk. The affidavit is entered into and attached to these minutes.
PROPONENTS
1) Mike Crashell, 7283 Michael Road - Stated that he felt the Cluster Ordinance was not consistent with Orchard Park R-2 zoning, which meant large green areas, and which was why people left the congested city areas and moved here. Orchard Park’s description of Cluster only aids the developer by allowing more houses constructed in a smaller space with no environmental, considerations.
2) Ray Paolini, 7303 Michael Road - Commented that the Cluster Ordinance, as stated, does not harmonize with other existing developments in the area, is ambiguous as to how to calculate maximum density and will not have a positive impact on the growth and character of the community or the neighborhood. Also, there were over 100 petitions sent to the Town Attorney in favor of the removal of the Cluster Ordinance which were inadvertently thrown out and feels these should be entered into the record of this hearing in addition to others submitted.
Town Attorney Leonard Berkowitz acknowledged the receipt of the 100 petitions for the repeal of the Cluster Ordinance, and are so entered into the record.
Supervisor Mill stated the other Petitions, received separately, are also entered into the record as being in favor of the repeal of this Ordinance.
3) Toni Cudney, 5991 Scherff Road - Agrees with the repeal of this particular Ordinance, but feels that Clustering is a good concept and that there should be a Cluster Ordinance on the books, but not in R-2 or R-3 Zones, and that it should be very carefully defined.
OPPONENTS
1) Ed Martindale, 190 Lawrence Place - Stated that he was against the repeal of the Cluster and PUD Ordinances. Cluster provides for flexibility design not available elsewhere and should be continued. PUD provides community-like areas that create a sense of unity among its inhabitants. Both the Cluster and PUD Ordinances may need some modification to make them more desirable and to give the Town more control. Rather than repeal these Ordinances, the Town could enact a moratorium, giving them time to make revisions and strongly urges the Town to do so.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Zoning Ordinance Amendment to repeal the Planned Unit Development and Cluster Development is hereby closed at 8:15 P.M. (local time).
Before the vote was taken to close the Public Hearing, Councilwoman Ackerman asked Mrs. Cudney for clarification of what revisions she would propose for the Cluster Ordinance and perhaps submit those proposals in writing. Mrs. Cudney stated she would be glad to submit her recommendations in writing.
Councilman Buyer asked the Town Attorney that since there is presently a case before the courts regarding a “Cluster” development petition, what happens if the courts rule against the Town and we have repealed the Cluster Ordinance? Town Attorney Leonard Berkowitz replied that the Ordinance that was in effect at the time of the submission of the petition would prevail.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Supervisor Mill stated that the Board will review this with all the comments made this evening and those written comments that will be coming in, which may be received up to the next two (2) weeks. The Town Clerk is asked to put the decision for this item on the Agenda for October 15, 1997.
Old Business #1 - Donald J. Schutt, Thorn Avenue - Printing Conversion Facility.
3) 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 of Donald J. Schutt, .51 acres of vacant land, north side of Thorn Ave., west of the Buffalo & Pittsburgh Railroad for a building permit to construct a 3,200 sq.ft. printing conversion facility, as recommended by the Planning Board 9/10/97 and with the following stipulations:
1) This is an unlisted SEQR action based on the submitted Full EAF Parts 1 and 2, therefore a Negative Declaration; 2) A Landscape Completion Bond shall be submitted in the amount of $2,500.00 Bond or $1,250.00 certified check; 3) The site lighting plan is limited to one [1] Kim Lighting Model SQ3, 50 Watt, High Pressure Sodium fixture as located on the approved site plan; 4) No outside storage or display is permitted; 5) There will be no dumpster on site at this time. If any dumpster is added to the site, it shall be screened in accordance with Section 144-25 of the Town Code; 6) This project has received Town Engineering approval; 7) Erie County Highway Department approval is required prior to any open cutting of Thorn Avenue, and be it further
RESOLVED that approval of the site plan is also included at this time.
Councilman Mills asked the Petitioner, Mr. Schutt, who was in the audience for an explanation or definition of a “printing conversion facility” - Industrial or B-2 Zoning?
Dennis J. Mill Aye
John J. Mills Nay
Paul D. Barnas Aye
David M. Buyer Aye
Nancy W. Ackerman Aye
THE RESOLUTION WAS DULY ADOPTED
Old Business #2 (not on agenda) - Hart Place, “No Parking” signs.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, upon recommendation of the Public Safety Committee and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to adopt an order to establish a “No Parking” zone effective immediately on Hart Place, the entire length of the south side, and be it further
RESOLVED, that the Town Attorney is hereby directed to draw this order in its proper form, and be it further
RESOLVED, that the Superintendent of Highways is hereby directed to erect the proper sign(s) on Hart Place in the Town of Orchard Park, New York, following receipt of this order.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
Old Business #3 (not on agenda) - Swallow Lane at Timberlake Drive “Stop Sign”.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, upon recommendation of the Public Safety Committee and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York
NOW, THEREFORE, be it
RESOLVED, that the Town Board is hereby authorized to adopt an order to erect a “Stop Sign” on Swallow Lane at Timberlake Drive, and be it further
RESOLVED, that the Town Attorney is hereby directed to draw this order in its proper form, and be it further
RESOLVED, that the Superintendent of Highways is hereby directed to erect the proper stop sign on Swallow Lane at Timberlake Drive in the Town of Orchard Park, New York, following receipt of this order.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #1, #2, #3, #4 - Referrals to the Planning Board.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board is hereby authorized to refer the following items, as entered on the agenda, to the Planning Board and Conservation Board: 1) Battista Construction, Inc., 3315 N, Benzing Road - Request for a Building Permit for a 6,000 sq.ft. addition to an existing building. 2) Daniel Chevrolet, 3575 Southwestern Blvd. - Request approval for a Used Car Building Project as submitted by Carmina Silvestri. 3) Orchard Park Collision, 4154 Taylor Road - Request for a building permit for a 23' x 70' building to be erected on the north side of Orchard Park Collision. 4) Quaker Crossing Retail Center, Milestrip Road - Request to develop the Easterly Out Parcel.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED
New Business #5 - 1997 Stop D.W.I. Contract.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Supervisor to sign the 1997 Stop D.W.I. Contract.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #6 (not on agenda) - Set Public Hearing for Local Law #2 of 1997.
8) 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 for October 1, 1997 at 8:00 p.m. (local time), in the matter of Local Law #2 of 1997 concerning Real Property Law and converted condominium units, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #7 (not on agenda) Recreation Department Appointments.
9) 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 following resident appointments to the 1997 Fall/Winter/Spring Recreation Staff as recommended by the Recreation Director:
NAME ADDRESS POSITION RATE
Paul Kostelny 6440 E. Webster Dir. 5.35
Lynda Somerville 46 Chauncey Lane Dir. 5.35
Connie Lutz 3408 Baker Road Dir. 5.35
Bill Cudihy 111 Vistula Avenue Dir. 5.35
Becky Murphy 33 Briar Hill Road Dir. 5.35
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
New Business #8 (not on agenda) - Appointment to the Board of Assessment Review.
10) 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 appointment of Remy C. Orffeo, 17 Ventura Drive, Orchard Park to the Board of Assessment Review, for a five (5) year term ending September 30, 2002.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
ELECTED OFFICIALS & DEPARTMENT HEADS
11) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
RESOLVED, that the Town Board does hereby authorize the following budget transfer as recommended by the Chief of Police:
$1,000.00 From: A3120.000.225 (other equipment)
To: A3120.000.449 (small equipment repairs)
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BARNAS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, final inspection was conducted of the public improvements constructed in the Forest Creek Subdivision, Part 1 and all work has been completed and found to be acceptable per Town of Orchard Park specifications and standards, and
WHEREAS, all the required easements and approvals have been received and a maintenance bond in the amount of $6,250.00 has been submitted
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements installed in the Forest Creek Subdivision, P.I.P. #96-01 and be it further
RESOLVED that the Town Clerk is hereby authorized to release the performance security in the amount of $1,250.00.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BARNAS, TO WIT:
WHEREAS, final inspection was conducted of the public improvements constructed in the Forest Creek Subdivision, Part 1, Phase 1 and all work has been completed and has been found acceptable per Town of Orchard Park specifications and standards with the exception of street lighting, and
WHEREAS, all the required easements and approvals have been received and a maintenance bond in the amount of $425,000.00 has been submitted, as well as a check in the amount of $14,000.00 as cash security for the street lighting
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with dedication of the public improvements installed in the Forest Creek Subdivision, Part 1 Phase 1, P.I.P. #96-05, and be it further
RESOLVED, that the Town Clerk is hereby authorized to release the performance security in the amount of $85,000.00.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
14) 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 #18, following auditing by members of the Town Board and in the funds indicated:
$ 251,538.22 General Fund
$ 558.76 Part Town Fund
$ 87,863.47 Highway Fund
$ 197.859.57 Special District Fund
$ 29,293.38 Trust & Agency Fund
$ 89,260.62 Capital Fund
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
15) 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 receive and file the following communication as entered on the agenda: Letters to the Town Board requesting the removal of the Cluster Development Law from the Town Ordinance submitted by: Michael Crashell, Arlene Crashell, John Corcoran, Patricia Corcoran, Thomas Mirando, Lois Mirando and Faith Paolini.
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 receive and file the following communications as entered on the agenda: 1) Building Inspectors Monthly Report and Building Permits for August 1997, and 2) Police Departments Report for August 1997.
THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
BUSINESS FROM THE FLOOR
1. John Schneider, 5505 Lake Ave. - voiced his concerns and objections to the use of Lake Avenue by so much heavy construction truck traffic adding to the already very poor road conditions.
2. Mike Crashell, 7283 - Asked for clarification of the court case and its possible outcome regarding the developer/petitioner rezoning for Cluster Development.
There being no further business before the Town Board, on motion by Councilman Barnas, seconded by Councilwoman, the meeting was adjourned at 8:52 P.M. (local time).
UNANIMOUSLY ADOPTED
Respectfully submitted,
Janis A. Colarusso
Town Clerk