A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of July 2000 at 8:00 P.M., (local time). The meeting was called to order by the Supervisor and there were
PRESENT AT ROLL CALL: Toni M. Cudney Supervisor
John J. Mills Councilman
David M. Buyer Councilman
Nancy W. Ackerman Councilwoman
Steven P. McCarville Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Michael R. Merritt Town Engineer
Ronald A. Geitter Superintendent of Highways
Samuel M. McCune Chief of Police
1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, the minutes of the Town Board meeting held on June 21st & July 5th of the year 2000, 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 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the matter of the proposed amendments to the Zoning Map of the Town of Orchard Park. A complete full colored map and description is on file in the Town Clerk’s Office for on site inspection during regular business hours. At such time all interested persons will be given an opportunity to be heard.
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 Supervisor turned over the meeting to Councilman John Mills who is the Town Board Liaison to the ad hoc Zoning Commission. Councilman Mills stated that each rezoning would be read by the Town Clerk and then John Bernard, Chairman of the Zoning Commission, would give a brief description of the proposed zoning changes that would amend the Zoning Map of the Town of Orchard Park. Following Mr. Bernard’s description, the residents will be able to come forward and give their views on the particular rezoning.
Councilman Mills stated that the ad hoc Zoning Commissions have been used over the past fifteen years to evaluate the Town comprehensive master plan and serves as a living document, a way to uphold and continue comprehensive plans that are already in place for the town. This ad hoc Zoning Commission was established two years ago, and the first year was used to educate the members on how the Town works, its history, its infrastructure and the codes that are used for the development of the town. Councilman Mills then turned over the meeting to Mr. Bernard, who has been part of the ad hoc committees for fifteen years and has been on the Planning Board for ten years. Councilman Mills stated that the plans presented are not going to be adopted tonight, they will go back for review after hearing the resident’s comments.
Mr. Bernard said the Zoning Commission was composed of eleven members, and they broke down into three sub-committees; business, industrial and residential. These sub-committees evaluated the town, and then came back and discussed the issues, the pluses and minuses, of each area and then put together the plan that is being reviewed tonight. Mr. Bernard stated that if the Town Board adopted the changes presented tonight, the current uses within these zones would remain in effect. If the property is sold, the next owner would also be able to retain the same type of zoning, be it business or residential. Mr. Bernard said that there are twelve zoning map changes and one special exception use change being presented tonight.
I. Rezone the following area from B-3 to A-1: All that area which is presently zoned B-3 on the south side of Newton Road east of Burton Road, said existing B-3 Zone being 700 feet in width and 500 feet deep from and parallel to the centerline of Newton Road.
Mr. Bernard stated this change was suggested to make this parcel consistent with the surrounding area.
Comments from the floor:
Ken Burgwardt, 6105 Newton Road: Opposed in changing the zoning. He stated this rezoning entails part of his property and he is against this rezoning as he still runs a business at this time.
Jack M. Fox, 6191 Newton Road: Opposed in changing the zoning. He stated that he was representing himself and his mother, whose property is part of the rezoning planned. They do not want the zoning changed. There is a business on the property currently, and the homes they built are to accommodate business in the future. He stated the maps for the zoning were incorrect in the paper and notices.
Jodi Snyder, 6149 Newton Road: In favor of changing the zoning. She lives in the area of the proposed rezoning and is for the change. She does not want businesses run in the area.
Jeff Choroser, 6195 Newton Road: In favor of changing the zoning. He stated the rezoning would preserve the residential and agricultural use of this parcel.
At this time the Town Building Inspector, Joe Campion, commented on Mr. Fox’s statement. He stated the legal descriptions of the parcels were correct in the notices. The maps used were unofficial maps that he chose to use to help residents locate the parcels in question, and all sites were posted in a timely manner.
II. Rezone the following area from B-2 to I-1: All that area which is presently zoned B-2 on the south side of Big Tree Road beginning at a point approximately 1,700 feet east of the intersection of the centerlines of Big Tree Road and California Road; thence around the existing boundary of the B-2 Zone, said existing B-2 Zone being the approximate properties included in Tax Parcels #172.06-2-6.1, #172.06-2-8, and #172.06-2-9.
III. Rezone the following area from B-2 to I-1: All that area which is presently zoned B-2 on the south side of Big Tree Road beginning at a point approximately 2,325 feet east of the centerline of California Road; thence around the existing boundary of the B-2 Zone, said existing B-2 Zone intending to be Tax Parcels #172.07-1-8.1 and #172.07-1-1.
Mr. Bernard said changes II & III are vacant parcels along the south side of Big Tree Road and are surrounded by light industrial areas. These changes would expand the industrial zone area for future use.
Comments from the floor:
Richard Zoyfofski, 2960 Chaunay Drive: Canton Ohio: Owns property next to the parcel that has proposed changes and had questions regarding the different zones.
Ladd Horn, 5776 Big Tree Road: Owns the property across from the proposed rezoning and is surrounded by light industry now. He is opposed to the change. Mr. Horn also suggested something should be done with the traffic problems in the area. Supervisor Cudney asked Mr. Horn if he would like his property rezoned to I-1 to increase the value of the property. Mr. Horn said it didn’t matter to him.
Ed Martindale, 190 Lawrence Place: Is a former member of the Planning Board and he is in favor of the change. Mr. Martindale said there was another residence in the area that should be considered for the I-1 zone as well, and he felt the Town Board should keep in mind that the I-1 zone will be adjacent to a R-3 zone, and the problems inherent with that situation.
Bob Frantsits, 4270 California Road: Asked for clarification of what each zone allows and was concerned that the California/Big Tree area was involved, which it is not.
IV. Rezone the following area from B-2 to B-4: All that area which is presently zoned B-2 on the north side of Southwestern Boulevard beginning at the west line of Tax Parcel #153.06-1-2, said line also being the west line of St. John Vianney RC Church, thence easterly to the center line of Reserve Road, said existing B-2 Zone being 350 feet deep from and parallel to the center line of Southwestern Boulevard.
V. Rezone the following Area from B-2 to B-4: All that area which is presently zoned B-2 on the south side of Southwestern Boulevard beginning at the centerline of Michael Road thence easterly to the centerline of Angle Road, said existing B-2 Zone being 350 feet deep from and parallel to the centerline of Southwestern Boulevard.
Mr. Bernard stated the logic for these changes is to keep Southwestern Blvd./Transit Rd. from becoming like a Niagara Falls Blvd. in the future, even though they want to keep this a business area. This change would restrict what kind of business that can go in these areas.
Comments from the floor:
David Spahn, 2765 Southwestern Boulevard: Opposed to changing the zoning.
Lee and Sally Wholens, 2928 Southwestern Boulevard: Opposed to changing the zoning. He has a business on the property now and wants to keep it B-4; he feels it would be detrimental to the area to change the zoning. And, with no sanitary sewers in the area, there are already restrictions to business coming in the area.
Diane Demarco, 25 West Royal Hill: Opposed to changing the zoning. She and her husband bought property in this area to develop a business that requires B-2 zoning; the B-4 zoning is too restrictive.
Greg Schurr, 7141 Reserve Road: In favor of changing the zoning
Nicholas Taneff, 3165 Southwestern Boulevard: Opposed to changing the zoning.
Gregory Gould, 2775 Southwestern Boulevard: Opposed to changing the zoning.
Dave Gernahand, 2793 Southwestern Boulevard: Opposed to changing the zoning.
John McNeight, 2129 Southwestern Boulevard: Opposed to changing the zoning.
Laura LaCongo, 6485 Cole Road: Opposed to changing the zoning. She has plans to operate a business in this area that needs a B-2 zoning. They have already invested a lot of money into the proposed business and have business plans in the works.
John Giaccotto, 2910 Southwestern Boulevard: Opposed to changing the zoning. He stated it would devalue the properties.
Charles Haug, 164 Carriage Park, West Seneca: Opposed to changing the zoning. He and his wife own property on Southwestern Boulevard.
Angeline Pacella Chella, 2784 Southwestern Boulevard: Opposed to changing the zoning.
James Bond, 2924 Southwestern Boulevard: Opposed to changing the zoning. He has operated a business on fifteen acres of property.
Claire Spahn, 2765 Southwestern Boulevard: Opposed to changing the zoning. She stated it will limit the use of the properties and it will devalue the properties and this is a perfect area for businesses.
Jay McDonald, 2847 Southwestern Boulevard: Opposed to changing the zoning. He is the owner of Custom Carpet Center.
Patricia Haug: Sent a letter opposed to changing the zoning.
David Spahn: Sent a letter opposed to changing the zoning.
John McNeight: Sent a letter opposed to changing the zoning.
VI. Rezone the following area from R-2, B-3 & B-2 to B-4: All that area which is presently zoned R-2, B-3 & B-2 on the west side of Orchard Park Road from the centerline of Milestrip Road to the centerline of Smokes Creek, said area being 350 feet deep from and parallel to the center line of Orchard Park Road.
VII. Rezone the following area from B-3, R-3 & B-2 to B-4: All that area which is presently zoned B-3, R-3 & B-2 on the east side of Orchard Park Road from the centerline of Milestrip Road to the centerline of Smokes Creek, said area being 350 feet deep from and parallel to the centerline of Orchard Park Road.
Mr. Bernard stated that this area already has several spot business zones in the area, and the town has looked at this area as eventually going to business use. The B-4 zoning will restrict the type of businesses that can go in there.
Comments from the floor: No one spoke
VIII. Rezone the following area from R-1 to R-4: That area which is presently zoned R-1 on the north side of Big Tree Road beginning at a point approximately 180 feet east of the centerline of Shadow Lane and 350 feet north of as measured perpendicular to the centerline of Big Tree Road; thence northerly along the boundary between the existing R-1 and R-4 Zones, said line also being the west line of the Niagara Mohawk Power Corporation Right of Way a distance of approximately 3,230 feet to the northerly boundary of the existing R-4 Zone; thence westerly along a line extending said northerly boundary of the existing R-4 Zone to its intersection with the centerline of the South Branch of Smokes Creek; thence southerly along the centerline of South Branch of Smokes Creek and continuing southerly along the centerline of the west tributary to the South Branch of Smokes Creek to the northerly boundary of the existing R-3 Zone; thence easterly along said northerly boundary of the existing R-3 Zone; said boundary being 350 feet north of and parallel to the centerline of Big Tree Road to the point of beginning.
Mr. Bernard said the zoning commission suggested this change as the area has apartments in it already, and this will clean up the zoning issue.
Comments from the floor: No one spoke.
IX. Rezone the following area from R-4 to I-1: All that area which is presently zoned R-4 on the west side of California Road beginning at a point approximately 750 feet south of the centerline of Southwestern Boulevard; thence around the existing boundary of the R-4 Zone, said existing R-4 Zone intending to be portions of Tax Parcels #161.09-5-3.11, #161.09-5-4, #161.09-5-5, and #161.09-5-6.
Mr. Bernard said this change is to make this parcel consistent with the rest of the area.
Comments from the floor: No one spoke.
X. Rezone the following area from B-2 to R-3: All that area which is presently zoned B-2 on the north side of Sheldon Road, approximately 988 feet west of the centerline of Abbott Road, said existing B-2 zone intending to be Tax Parcel #160.12-3-2.
Mr. Bernard said this was a spot business zone that is being returned too residential.
Comments from the floor: No one spoke.
XI. Rezone the following area from B-2 to B-3: All that area which is presently zoned B-2 on the east and west sides of South Buffalo Street and on the east and west sides of Ellicott Road, said area being bounded on the north by the existing corporation limits of the Village of Orchard Park and the centerline of Jewett Holmwood Road, on the east by the approximate centerline of the east tributary to the South Branch of Smokes Creek, on the south by the south line of Tax Parcel #173.13-1-10 and the centerlines of Ellicott Road and New Armor Duells Road, and on the west by the west line of Tax Parcel #172.20-1-15.
Mr. Bernard said this recommendation was based on the fact that B-2 allows high impact businesses and this change would establish a business zone that would be consistent with the businesses that are currently in the area. Another consideration was the close proximity to the village, with many services already nearby.
Comments from the floor:
Mary Hinterberger, 8 Philson Drive: In favor of changing the zoning. She stated there should be more restrictive zoning as she enjoys the current setting of her area, and she does not want to see a gas station put in near her house.
Christine Schultz, 5068 Ellicott Road: In favor of changing the zoning. She wants her peace and quite.
Ken Homes, 6447 Armor Road: In favor of changing the zoning. He wanted to know if the rezoning would negate the installation of a gas station? Town Attorney Leonard Berkowitz stated it would.
Penny Skrzypczyk, 6434 Armor Road: In favor of changing the zoning.
Margorie Smith, 6303 Armor Road: In favor of changing the zoning.
Mark Slowik, 6108 Armor Road: In favor of changing the zoning.
Gary Jankowiak, 6291 Armor Road: In favor of changing the zoning.
JoAnn Panek, 145 South Lane: In favor of changing the zoning.
Kevin Kolesar, 6432 Armor Road: In favor of changing the zoning.
Joe Colosante, 4990 Ellicott Road: In favor of changing the zoning. He would like to see it go to B-4.
Martin Karan, 5042 Ellicott Road: In favor of changing the zoning. He would like to see it stricter.
Paula Wittek-Hill, Rt. 277 & New Armor Duells: In favor of changing the zoning. She wants the area to retain environmental integrity and does not want to see any more commercial development.
Karen Gianni, 4990 Ellicott Road: In favor of changing the zoning.
Dave Deeds, 6581 Jewett Holmwood Road: In favor of changing the zoning. He would like to see the area remain the same
Gary Nosowitz, 6207 Armor Road: In favor of changing the zoning. He would like to see it R-4.
Linda Smolarek, 6410 Armor Road: In favor of changing the zoning.
Rita Inman, 6382 Armor Road: In favor of changing the zoning.
Betty Schmidlin, 6585 Jewett Holmwood Road: In favor of changing the zoning. She would like to see it go farther to a B-4.
Marie Paa, 4962 Ellicott Road: In favor of changing the zoning.
Geraldine Rappl, 4967 Ellicott Road: In favor of changing the zoning.
Cy LaVette, 305 Hillside Drive: In favor of changing the zoning, would even like to see it an R-4
Barry Anderson, 6236 Armor Road: In favor of changing the zoning. He wanted to know what it would take to get it changed to B-4 zone instead.
Ruth Huppuch, 6226 Armor Road: In favor of changing the zoning.
Ed Martindale, 190 Lawrence Place: In favor of changing the zoning.
Dorothy Grajek, 6267 Armor Road: In favor of changing the zoning.
George Cotter: Sent a letter in favor of the zoning change.
Lillian Desmond: Sent a letter in favor of the zoning change.
Shawn Hopkins, attorney representing Carl Hasselback: Opposed of changing the zoning. He stated the contract and deed for 4956 & 4968 Chestnut Ridge Road with a pending application filed (Nov. 1999) with the Town of Orchard to develop a combination service store and gas station on those properties. This is the first time that they were informed of the existence of the Zoning Commission and that these changes were being contemplated. Mr. Hopkins asked if the property owners of the parcels being considered for zoning changes were notified, if so did they have any input? Mr. Hopkins also wanted to know if there were minutes from the Zoning Commission’s meetings. Mr. Hopkins said that with respect to this proposed rezoning that it is clearly in bad faith, and clearly that it is going to constitute a taking, especially of the property my clients are interested in developing. He strongly encouraged the Town Board to consider that fact when making their decisions.
At this time Chairman John Bernard stated the Zoning Commission’s meetings were open meetings and there were minutes taken during the meetings. Mr. Bernard said the Zoning Commission did not contact the residents as they reviewed the areas, the areas were reviewed independently and the Zoning Commission drew their conclusions to make to the Town Board.
Carl Hasselback, 77 Edgebrook, Cheektowaga: He stated the petitioner for 4956 & 4968 Chestnut Ridge Rd. service store and gas station, asked when the Zoning Commission took up this issue of rezoning, and if they knew he had an application pending, and wanted to know why the Town Board never brought this to his attention. Mr. Bernard said that the Zoning Commission had been reviewing this parcel for 6 to 8 months. Town Attorney Berkowitz said that this Public Hearing was the notice to the property owners, and it is Mr. Hasselback’s opportunity to protest now.
Jerry Nawoyt, 4950 Chestnut Ridge Road: Sent a letter opposing the zoning change.
John Bratek, 95 Elmhurst Drive: Sent a letter in opposing the zoning change.
XII. Add Hotel/Motel as a Special Exception Use in the I-1 Zone:
John Bernard said this came under schedule of uses.
Comments from the floor: No one spoke
Once the public hearing came to an end the following individuals made general comments: Dave Deeds 6581, Jewett Holmwood Road: Thanked the Town Board for comprehensiveness of the whole Ad Hoc Zoning Commission. Ed Martindale, 190 Lawrence Place: Stated zones B-3 and B-4 has listed prohibited uses. This may be a useful tool in the other zones. Marvion Ashburn, 6326 Benning Road: He stated he is a member of the Zoning Commission, and he is proud of the citizens who came out to give their input to help the Commission do its work. Jack Fox, 6191 Newton Road: He made a comment regarding the Newton Road parcel. He stated the parcel of land that he has been speaking about this evening has been that particular zone for 55 years. The Town Board can not just take it away. Norma Fargo, Abbott Road and the Big Tree area: He had questions regarding the #VIII proposed rezoning.
Councilman Mills thanked John Bernard and the members of the Zoning Commission for their hard work on behalf of the citizens of Orchard Park and all the comments from this evening will be taken into consideration.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, on June 7, 2000 bids were received for equipment for a central server, a Police Department server, and upgrades to the Engineering Department server, and
WHEREAS, bids were also received for multiple licenses of Microsoft Windows NT Server, Microsoft Proxy Server, Veritas Backup Exec., and CA Inoculate IT anti virus software, installation of the servers, which were bid in separate parts to afford the Town maximum flexibility in awarding the contracts, and
WHEREAS, the computer advisory committee has reviewed the bid comparison sheets, along with detailed information on the hardware components submitted by each bidder and felt that the Town should use the best quality components and the most qualified firm to do the installation and configuration for the project, and
WHEREAS, the lowest bidder did not meet the specifications for the central server and the Police Department server, and they did not meet the requirement that the servers must be factory assembled, tested and factory certified
RESOLVED, that the Town Board does hereby award all five parts for the Central Server Equipment, Police Department Server, upgrade of the Engineering Department server, software, installation and configuration to Ikon Office Solutions, 3030 Cayuga Road, Buffalo, New York 1422, being the lowest responsible bidder in the amount of $ 48,325.00, as recommended by the Computer Support Technician and the Computer Advisory Committee, and
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
WHEREAS, the Orchard Park Highway Department did receive and open sealed bids on July 11, 2000 for one (1) Dump Body
RESOLVED, that the Town Board does hereby award the bid for one (1) Dump Body to Kaminski Refrig. & Truck Equipment, 245 Lewis Street, Buffalo New York, 14206 for $7,667.00, they being the lowest responsible bidder thereof, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Orchard Park Highway Department did receive and open sealed bids on July 11, 2000 for one (1) Snow Plow Equipment
RESOLVED, that the Town Board does hereby award the bid for one (1) Snow Plow Equipment to Valley Fab & Equipment, Inc., 9776 Trevett Road, Boston New York, 14025, for $16,235.00, they being the lowest responsible bidder thereof, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Highway Superintendent to purchase one (1) Salt Spreader from the State Contract from Bailey Trucking Equipment for $6,400.00, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a Public Hearing was held on June 21, 2000 to hear all comments regarding the request of Sandra Nunn, 6265 Powers Road, Zoned R-2, to create a Special Exception Use for the purpose of a Public Stable, and
WHEREAS, at that time the Town Board referred the request back to the Planning Board, dated July 12, 2000, for further review
RESOLVED, that the Town Board does hereby grant the request from Sandra Nunn, 6265 Powers Road to create a Special Exception Use for the purpose of a Public Stable with the following stipulations:
§ This is an Unlisted SEQR Action based on the submitted Short EAF and a Negative Declaration is made.
§ Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
§ The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 6/15/2000, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
§ The proposed project is in compliance with the town’s long range comprehensive plan.
§ The applicant has demonstrated a need for the project.
§ The project is compatible with adjoining land uses and proposed developments and will not have a negative impact on the adjacent land value or public safety.
§ The applicant has demonstrated an orderly flow of traffic ingress and egress.
§ The applicant has provided suitable parking facilities.
§ Landscaping as indicated on the proposed plan will provide adequate screening.
§ Free areas for recreation are not required.
§ The nearness and impact on schools and utilities is not an issue.
§ The health and safety of adjacent properties is not affected.
§ The petitioner’s facility will be ADA compliant.
§ The manure on the site will not be stockpiled and will be spread at least once every three days or more often, if needed. It will be kept a minimum of 100 ft. from the creek edge.
§ The number of horses at this stable will not exceed ten.
§ The arena location shall not be lit.
§ Sufficient parking shall be provided in the facility at to avoid off-street parking.
Before the vote was taken Supervisor Cudney questioned the stipulation about the manure being spread every three day. How this would affect the neighbors. At this time Mrs. Nunn answered all her questions and concerns.
Supervisor Toni Cudney Nay
Councilman John Mills Yea
Councilman David Buyer Yea
Councilwoman Nan Ackerman Yea
Councilman Steven McCarville Yea
The resolution was duly adopted.
Old Business #4 Jim Ball Pontiac, vacant land: Requesting a Special Exception Use in B-2 zone
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board is hereby authorized to schedule a Public Hearing, August 2, 2000 at 8:00 P.M. (local time), in the matter of the application of Jim Ball Pontiac, vacant land on the northeast corner of Southwestern Blvd. and Hart Place, Zoned B-2, to create a Special Exception Use for 3,000 square foot sales office with a two-bay washing facility, as recommended by the Planning Board, 6/14/00, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
Old Business #5 Public Safety Committee recommendations for Stonehenge Speed limit
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, the Public Safety Committee conducted a drive around survey of the Stonehenge Subdivision and it was observed that there are inconsistencies in speed signage,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the appropriate 30 MPH area speed signs to be posted on all the in or out roads to this subdivision, and be it further
RESOLVED, that since part of this subdivision is in the Village, a copy of this recommendation shall be sent to the Village, as recommended by the Public Safety Committee.
Councilman Buyer asked if there were any policy in place for looking at speed limits and traffic signs in approved subdivisions. Town Engineer Merritt responded that there was none at this time. Councilwoman Ackerman asked Mike Merritt, Town Engineer, Ron Geitter, Highway Superintendent and Sam McCune, Police Chief, if they would look into this issue and then make recommendations to the Town Board for implementation.
The resolution was unanimously adopted.
Old Business #6 Public Safety Committee recommends stop sign for Buffalo Athletic Club
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the placement of a stop sign at the Buffalo Athletic Club exit onto Michael Road, as recommended by the Public Safety Committee.
The resolution was unanimously adopted.
Old Business #7 Mike Capriotto, East Quaker Street, requesting to build a non-conforming garage
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Mike Capriotto, 7123 East Quaker Street, for a building permit to reconstruct a non-conforming garage that was destroyed by fire, as recommended by the Planning Board, 7/12/00.
The resolution was unanimously adopted.
Old Business # 8 AT&T Wireless, 3748 Southwestern Blvd, requesting a building permit
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of AT& T Wireless, LLC, 3748 Southwestern Blvd., for a building permit and approve the site plan to construct a 150-foot telecommunications tower and related shelter, as recommended by the Planning Board with the following stipulations:
§ This is an Unlisted SEQR action based on the submitted Short EAF, and a Negative declaration is made.
§ Landscaping shall be provided which includes 30% green space as well as what has been required by the Zoning Board of Appeals per their 6/20/00 meeting minutes.
§ The Planning board is not approving any site lighting at this time being that there are no fixtures or poles indicated on the approved site plan.
§ No outside storage or display is permitted.
§ Dumpsters are not shown on site plan and there will be no need for them with this use.
§ The Zoning Board of Appeals stipulations from their 6/20/00 meeting shall also apply.
§ The petitioner has agreed to install a FAA type warning light on this facility. The petitioner’s engineer will determine the appropriate type of lighting for this tower under Federal standards.
§ This tower will be available for co-location of multiple uses.
§ If the use of the tower is abandoned, it will be removed by the petitioner.
Supervisor Cudney said this tower is to replace an existing tower.
The resolution was unanimously adopted.
13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby declare a Negative SEQRA determination for the West Seneca Rotary Foundation Golf Course, as recommended by the Planning Board 7/12/00 with the following conditions and stipulations:
§ The lighting for the parking lot and clubhouse facilities will be placed on timers.
§ There will be natural and man made vegetative buffers along streams and wetlands that meet the requirements of the Corps of Engineers.
§ The water table be maintained at levels for residential use, which will be verified by pumpdown testing in the future.
§ The historic structures on the site be preserved by the petitioner.
§ All the recommendations and stipulations of the Conservation Board be implemented.
The resolution was unanimously adopted.
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on July 13, 2000 a final inspection was conducted of the public improvements constructed in the Forest Creek Estates Subdivision Part 1, Phase 2, and this project included the completion of Stoughton Lane and the construction of portions of Chatham Court and Norwood Lane, and
WHEREAS, all work has been satisfactorily completed in accordance with town specifications except for the installation of decorative street lights and some minor punch list items, and
WHEREAS, the Town is in receipt of $12,000.00 cash security that will be held in escrow until the decorative street lights are installed, and a maintenance bond in the amount of $425,000.00 has been received along with all other necessary documents.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize the Town Attorney to proceed with the dedication of the public improvements in the Forest Creek Estates Subdivision, Part 1, Phase 2 constructed under PIP #99-04, and authorize the Town Clerk to release the performance security for this project, as recommended by the Town Engineer.
15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, a final inspection was conducted for the Sterling Drive Sanitary Sewer Extension, and the new sewer was installed to accommodate the Western New York Eye Care building, currently under construction, and
WHEREAS, all work has been found to be in compliance with Town of Orchard Park construction specifications and is complete except for final restoration, which will be done as part of the building site landscaping, and
WHEREAS, the Town is in receipt of the two-year maintenance bond in the amount of $2,250.00 and an easement to access the sewer line for maintenance purposes
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the sanitary sewer extension on Sterling Drive constructed under PIP #2000-02 and authorize the Town Attorney to file the permanent easement and authorize the Town Clerk to release the performance security for the project, as recommended by the Town Engineer.
The resolution was unanimously adopted.
16) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, recognizing that we Americans owe everything to the men and women who now serve and who have served in our Armed Forces, and
WHEREAS, remembering especially those members of our Armed Forces who gave their lives to keep America free, and
WHEREAS, acknowledging that there are many, many men and women of our Armed Forces, who have never been accounted for properly,
NOW, THEREFORE, be it
RESOLVED, that the Orchard Park Town Board, with reverence for our American POW’s and MIA’s and their families, hereby designates Memorial Day and Veteran’s Day as days when the POW/MIA flag will be flown in an appropriate fashion with the American flag at the Orchard Park Municipal Building.
The resolution was unanimously adopted.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, a petition has been signed by all the owners of certain premises located in the Village of Orchard Park and described in the legal description set forth below seeking to annex the described premises from the Village of Orchard Park to the Town of Orchard Park:
ALL THAT TRACT OR PARCEL OF LAND situated in the Village of Orchard Park, County of Erie and State of New York being part of Lot 16, Township 9, Range 7 of the Holland Land Company’s Survey bounded and described as follows:
BEGINNING at the intersection of the west line of the Village of Orchard Park and the north line of a certain map entitled “Scheiber Subdivision” as recorded in the Erie County Clerk’s Office in Map Cover Book No. 1853, distance 483.1 feet more or less, easterly from its intersection with the centerline of North Buffalo Road (66 feet wide) as measured along the westerly extension of the north line of said Map Cover No. 1853; THENCE easterly along said north line of Map Cover No. 1853 and the south line of the Village of Orchard Park a distance of 430.0 feet more or less; THENCE northerly along a line perpendicular to the aforementioned line a distance of 350.4 feet more or less to a point in the north line of the Village of Orchard Park; THENCE westerly along said north line of the Village of Orchard Park a distance of 430.7 feet more or less to the northwest corner of the Village of Orchard Park; THENCE southerly along the westerly line of the Village of Orchard Park a distance of 374.7 feet to the point or place of beginning, containing 3.579 acres more or less.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby schedule a Public Hearing for August 14, 2000, at 8:00 P.M. (local time) at the Orchard Park Municipal Center regarding the petition of Arbor Lawns to annex territory from the Village of Orchard Park to the Town of Orchard Park, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
18) 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 approve the renewal of the following Stable Permit for the year 2000: Long Snap Stable, 6160 Benning Road, as recommended by the Building Inspector.
The resolution was unanimously adopted.
New Business #4 Approve Spring/Summer Recreation Department appointments
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the following appointments to the 2000 Spring/Summer Recreation Staff and the appointments are dependent upon the applicants providing necessary certifications, as recommended by the Recreation Director.
Ellen Fitzgibbons 126 Elmhurst Drive Sub/WSI $6.20
Jessica Ruglis 25 South Lincoln WSI/Dir $6.25
Denise Jewell 8 Thomaston Lane Sub/WSI $6.20
The resolution was unanimously adopted.
New Business #5 Quaker Arts Festival request for support and approval on Sept. 15th, 16th & 17th
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Orchard Park Jaycees will, for the 39th year, sponsor the Quaker Arts Festival on September 15th, 16th and 17th, and
WHEREAS, the Orchard Park Jaycees request the support and approval of the Orchard Park Town Board and have all required insurance certificates obtained,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the request of the Orchard Park Jaycees to hold the Quaker Arts Festival on September 15th, 16th and 17th and the Town will offer the following:
§ The Town will supply the Orchard Park Jaycees’ Quaker Arts Festival Committee with one large dumpster to keep trash under control.
§ The Town will supply the Festival with approximately 30 trash containers to be placed throughout the Festival grounds.
§ The Town will supply the Festival with picnic tables to be used by attendees for refreshments and to watch the free outdoor entertainment.
§ The Town will supply and erect snow fencing to section off the exhibitor areas on the Festival grounds.
The resolution was unanimously adopted.
New Business #6 Southtowns Financial Group requests to hold 5K run/walk on October 21, 2000
21) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of Southtowns Financial Group to hold a 5K run/walk to benefit the Hunter’s Hope Foundation on October 21, 2000.
The resolution was unanimously adopted.
New Business #7 - At this time Town Engineer Michael Merritt stated to the Town Board there was no longer a need to take action from the Water & Sewer Department requesting to send Richard Buss, Assistance Crew Chief, to a Trenching & Excavation Training Course, August 15-18, 2000.
New Business #8 Request of Quaker Days Chairmen to use Veterans Park on July 28th & 29th
22) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of the Quaker Days chairmen to use Veterans Park during the Quaker Days celebration on July 28th & 29th for Quaker Days exhibitors.
The resolution was unanimously adopted.
New Business # 9 & 10 Refer request to Public Safety Committee
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board does hereby refer the following requests to the Public Safety Committee and the Eaglebrook request to the Building Inspector as well: 9) Request to evaluate safety issues at the intersection of Summit Ave. and California Rd. and to evaluate a weight limit sign for trucks on Summit Ave. as tractor trailers often travel on Summit by mistake, and 10) Request to check on the parking and safety issues on both sides of Eaglebrook Drive.
The resolution was unanimously adopted.
New Business # 11, 12 & 13 Refer to the Planning Board and Conservation Board
24) 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 refer the following requests to the Planning Board and the Conservation Board: 11) Full Gospel Tabernacle, Southwestern Blvd., request for a building permit to construct a Prayer Chapel. 12) Louie’s Texas Red Hots, south side of Southwestern Blvd. approximately 640 ft. west of Abbott Rd., request for a building permit to construct a 3,000 sq.ft. restaurant facility, and 13) Benderson Development Company, corner of Southwestern Blvd. & Orchard Park Rd., request for a building permit to construct 158,244 sq.ft. of retail space to the existing plaza which consists of Kmart and one out parcel.
The resolution was unanimously adopted.
25) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN McCARVILLE, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town’s Police Department has been successful in obtaining additional funding through a COPS Grant to assist in the Town’s purchase of dispatching equipment, and
WHEREAS, the Town’s share of the cost of obtaining this equipment is included in the 2000 Town Budget, and the funding for the grant share for the purchase of such equipment is not included in the Towns 2000 budget
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the 2000 adopted budget to authorize additional appropriations and estimated revenues of $18,000.00 (which is the grant share of the total cost of dispatching equipment to be purchased) in the following Town accounts, as recommended by the Chief of Police.
$ 18,000.00 Increase appropriations A.3120.000.225 Police-Other Equipment
$ 18,000.00 Increase estimated revenues A.4012 Federal Aid-Dispatch Equipment
The resolution was unanimously adopted.
Supervisor Cudney said that there will be a public hearing coming up regarding a Town Right of Way Landscaping Ordinance, and she hopes that the citizens will come to the meeting to give their input. It will be published in the Southtowns Citizens. Supervisor Cudney said she is holding the Supervisor’s Coffee on July 29th, from 10:00 AM to 11:30 AM, during the Quaker Days celebration. The Millennium committee will also be in front of the Municipal Building to take registration forms for the 1000 trees and the Millennium Bricks. Supervisor Cudney also wanted to let the residents of Summit Ave. know that she and the Building Inspector met with the owners of Diversified Controls at their California Road office. At that time the Supervisor shared the many concerns of the Summit Ave. residents with the owners. The Building Inspector notified the owners that they were in violation of their Building Permit and will be meeting with the owners to rectify the problems.
Councilman Mills stated that he felt it was a betrayal on the part of Diversified Controls to both the Town Board and the residents of Summit Ave. to violate the Building Permit and he is unhappy with the situation and will not let Diversified Control renege on their obligations.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, 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:
|
General Fund |
$129,650.00 |
|
Part Town Fund |
$317.48 |
|
Risk Retention |
0 |
|
Highway Fund |
$20,178.80 |
|
Special Districts |
$145,465.51 |
|
Trust & Agency |
$28,529.09 |
|
Capital Fund |
$28,277.69 |
The resolution was unanimously adopted.
27) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN McCARVILLE, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following Communications as entered on the agenda: New York State Archives Records Administration (SARA) awards the Town of Orchard Park a Local Government Records Management Improvement Fund Grant for $3,125.00. This grant will enable the Town Clerk’s office to microfilm all of the Town Board Minutes dating back to 1891, and be it further
RESOLVED, that the Town Board is hereby authorize to receive and file the following Reports as entered on the agenda: 1) Building Inspector’s Monthly Report and Building Permits for June 2000, and 2) Police Chief’s Monthly Report for June 2000.
The resolution was unanimously adopted.
Kim Baker, 276 Summit Avenue: She stated she was a member of the “Concerned Citizens of Summit Avenue”. She noted that this group is here this evening to speak about the Diversified Controls expansion project at 3333 California Road. Before she began, she asked that a copy of her notes be admitted into the written record of this meeting. Ms. Baker stated the following, “Let it be known that we are not here to put Mr. James out of business, nor do we begrudge him expanding on his own property. However, we do have several issues that need to be addressed before the project goes any further. Issues that directly affect the health, safety, comfort, convenience, and the general welfare of our community. During several conversations with Supervisor Cudney, she told us that Mr. James, the property owner, clearly stated several times to her that he would do whatever he could legally do on his property. The following statements will prove to you that he is not true to his word. Mr. James, the landowner, has acknowledged in conversation with Ms. Cudney that he willfully and knowingly violated the zoning codes as well as the approved project plans for the expansion of Diversified Controls. Based on these violations, we are requesting that, per Orchard Park code under Article 9, code #144-64.A(8), the Town revoke the building permit for this project. Being the landowner, Mr. James is fully responsible for all actions on his property, same as any property owner is, and is to be held accountable for them. The first and most evident violation of Mr. James is total disregard of your own Conservation Board stipulations as voted on and approved by you, the Town Board, on March 15, 2000. He has willfully ignored stipulation #5 regarding deletion of the proposed shaded parking areas from the plan and that the vegetation in that area was to be left intact. The Orchard Park Building Department was totally unaware of any violation. With a project of this magnitude and the fact that it affects the safety, health, comfort and convenience of the residential homeowners, we would have thought that code enforcement would have policed this project more closely than it has. Ms. Cudney said the Building Department was looking into the situation and that she would keep us informed as to the outcome. As of now, we have not heard anything. Following me will be other homeowners of Summit Avenue that will stand and make known to you, other concerns and issues. Ms. Baker submitted a copy of her remarks, and the remarks of other members of the Concerned Citizens Group as well as a list of the members of the group.”
Nickolas Taneff, 279 Summit Avenue: He discussed code issues regarding fencing during construction and said Diversified Controls disregarded these Town Codes and should have their Building Permit revoked.
Pat McGuire, 140 Summit Avenue: He stated that Diversified Controls violated the screening codes during construction.
Roy Sasiadek, 275 Summit Avenue: He does not feel a 6’ stockade fence is sufficient to screen Summit Avenue from the Diversified Controls new structure since all the mature trees have been removed, greater efforts need to be made to protect the citizens.
Larry Clark, 113 Summit Avenue: He wanted to know why a traffic study was never done for this property. He also complained about Diversified Controls traffic on Summit Ave. Mr. Clark also had concerns with Diversified Controls using the vacant lots at the end of Summit Ave., for a driveway, as a large parking lot is planned for the end of Summit Ave., and there is no way to protect these lots.
William Healy, 233 Summit Avenue: He said that Diversified Controls ignores any codes that have to do with the construction noise ordinance. He feels the town has been remiss in protecting the residents of Summit Avenue as Diversified has ignored the town stipulations and the Building Permit should be revoked.
Kim Baker, 276 Summit Ave. – wanted to know why a traffic study was never done, she also said the only bus stop for Summit Ave. is at the corner of Summit Ave. and California Rd. and this is a dangerous situation.
Cindy Weymer, 351 Summit Avenue: She has two children, and the only bus stop is at the corner of Abbott & Summit, she would like the trucks from Diversified to stop coming through there.
At this time the Building Inspector, Joe Campion, stated that Diversified would have to come before the Planning Board to develop another driveway onto Summit Ave. He also stated that it is not likely that it would ever be approved. Mr. Campion has been directed by the Town Board to put a stop order on this Building Permit and it will be delivered to Diversified Controls tomorrow. The Building Inspector said that he will ask the Chairman, and a few members of the Conservation Board, to advise him on what kind of trees and vegetation should be used as a screen, for visual effects and for sound.
Nelson Tedesco, 278 Summit Avenue: He wants more police to patrol the area to prevent any Diversified Traffic from coming down Summit, and to watch for the Diversified employees reckless driving when they come and go from work.
Roz Healy, 233 Summit Avenue: He want to know what kind of building is going up, and if there is any kind of review of the proposed buildings.
Marvion Ashburn, 6326 Benning Road: He discussed a problem plant that has been spotted in this area, called hogweed, that causes second degree burns. Mr. Ashburn wanted the Town Board to be aware of the dangers of exposure to this plant’s sap.
There being no further business before the Town Board, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 10:55 P.M.
Respectfully Submitted
Janis A. Colarusso
Town Clerk