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 18th day of July 2001 at 7:00 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
Stanley A. Jemiolo Councilman
Janis A. Colarusso Town Clerk
Leonard Berkowitz Town Attorney
Joseph M. Campion Building Inspector
Samuel M. McCune Chief of Police
Michael R. Merritt Town Engineer
ABSENT: Ronald A. Geitter Superintendent of Highways
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 20, & July 2, 2001 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.
Supervisor Cudney asked Amanda Kras, a seventh grade student in the Town of Orchard Park School System, to come forward and receive a presentation from the Town Board Members, as recommended by the Chief of Police, Sam McCune. All the members of the Town Board individual congratulated Amanda for her outstanding work and commitment to the community. The Supervisor read the following proclamation:
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
WHEREAS, after viewing a news report of a dog in a K-9 unit that was shot and killed in the line of duty, this young lady took it upon herself to secure the safety of the K-9 dogs, and
WHEREAS, by carrying a can from door to door in her neighborhood, asking people to help her raise money for a K-9 bulletproof vest, Amanda Kras collected $250.00, and
WHEREAS, upon hearing about the humane concern and the outstanding efforts of Amanda Kras, media attention drew in almost $4,000.00 more in donations from all over Western New York and Canada, and
WHEREAS, those funds were used to purchase vests for Arras, the Orchard Park K-9 dog and for K-9 dogs within the police departments of Cheektowaga, Amherst, West Seneca, Niagara Falls, Lockport and the Erie County Sheriff’s Office as a direct result from the caring efforts of Amanda Kras,
RESOLVED, that for the selfless acts by this outstanding young citizen, whose actions improved the safety for many Police K-9 dog units and, therefore, enhanced protection for their respective communities, the Town Board and the entire community of Orchard Park join together with our Police Department and other police agencies in Western New York, to honor this seventh grade student from Our Lady of the Sacred Heart School in Orchard Park, Amanda Kras, and be it further
RESOLVED, that the Town Board of the Town of Orchard Park, in the County of Erie, in the State of New York, hereby recognizes Amanda Kras for her commitment, not only to our community, but all of Western New York, and we hearld the results of her singular action that made it safer for K-9 dogs who devote their lives to the safety of every citizen.
The resolution was unanimously adopted.
At 7:00 PM the Supervisor called for the Public Hearing to hear all interested parties in the matter of amendments to the Town Code of Orchard Park Zoning Ordinance which amendments provide as follows:
WHEREAS, this Town Board is the only involved agency pursuant to the State Environmental Quality Review Act and, accordingly this Town Board is the Lead Agency
§144-17 Lots in 2 Districts is hereby repealed.
§144-22 E. (2) & (3) are hereby repealed.
The following language is hereby substituted:
§144-22 E. (2) Landscape Buffer Zone. A landscaped buffer zone shall be provided in the non-residence zone where it abuts a residential zone. The landscaped buffer shall include existing natural vegetation and new plantings to meet the required number of trees, shrubs and smaller plants. The construction of principal and accessory buildings, parking and drive areas, and storage areas are prohibited in the buffer. Whenever a B, D-R, or I-1 Zone abuts any R or A-1 Zone the landscaped buffer shall exist along the entire transition zoning yard line for a depth of 50 feet.
§144-22 E. (3) Landscape Buffer Screening. Landscape buffer screening shall be required as in §144-25.
§144-25 A is hereby Repealed.
The following language is hereby substituted:
§144-25 A. Screening in transition yards. The minimum landscape buffer screening shall include as a minimum a combination of major deciduous trees, major evergreen trees, minor trees and shrubs as defined per this section. The landscape buffer trees are in addition to the landscape requirements of Section 144-44 C. Planting sizes and approval requirements shall meet Section 144-44C. Upon approval of the Conservation Board existing plantings may count towards the required plantings. The required 50 foot landscape buffer shall have: four (4) major deciduous trees, eleven (11) major evergreen trees, five (5) minor trees and twenty-two (22) shrubs required plantings per 100 feet of transition yard length. Fraction of trees shall be rounded up when rationing the transition yard length.
§144-29 A. (1)(a) is hereby Repealed
The following language is substituted:
§144-29 A. (1)(a) Each off-street parking space shall be 10 feet by 18 feet, exclusive of access drives and aisles.
§144-29 A. (6)(a) is hereby amended as follows:
Not less than ten percent (10%) of the interior of a parking area including access drives or aisles designed for forty-one (41) or more parking spaces shall be devoted to the required landscape area and shall meet the requirements of §144-44 C (1). The parking area interior and the landscape area shall be considered as part of the §144-44 C (1) minimum landscaped open requirements. In the event that an existing parking area containing more than forty (40) parking spaces is altered or an existing parking area is added to the same site so that the number of parking spaces on the site exceeds forty (40), the Planning Board, in consultation with the Conservation Board, shall determine the extent to which the requirements of this section shall apply to such existing and additional parking areas.
§144-44 C. (1)(a)[1] is hereby amended as follows:
In the case of an application for a building permit or certificate of occupancy pertaining to the erection or the construction of an independent structure, unattached to an existing structure, the landscape plan shall be prepared and certified by a New York State licensed landscape architect. A minimum of 15% of the total site shall be landscaped open space. The Town Conservation Board, in its absolute discretion, shall determine which of the following forms of security shall be provided by the owner:
The Schedule of Use Controls is hereby amended by deleting the D-R Zone. Those areas of the Town of Orchard Park which are presently zoned D-R are hereby zoned I-1.
BE IT FURTHER RESOLVED, that the Orchard Park Planning Coordinator prepare an Environmental Assessment Form for review by this Town Board with respect to each of the proposed amendments to the Zoning Map; and
BE IT FURTHER RESOLVED, that the Orchard Park Planning Coordinator forward to the Erie County Department of Planning a copy of this Resolution pursuant to 239(M) of the General Municipal Law; and
BE IT FURTHER RESOLVED, that a notice of the proposed amendments to the Zoning Map be published in the official newspaper and that notices be forwarded to the owners of the properties which are the subject of the proposed amendments and to the neighboring properties as set forth in the Zoning Ordinance.
Affidavits and Publication of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. At such time all interested persons were given an opportunity to be heard.
Councilman Mills stated the Zoning Commission made the recommendations for the amendments presented tonight to establish buffer areas between residential and non-residential areas where they abut. He stated this will help to protect the residents by establishing screening standards with landscaping in the transition areas when their property adjoins a business or industrial zoned area. Parking for business areas is also addressed. The amendment to rezone the D-R area to I-1, which is a more restrictive zoning, was thought to be in keeping with the other zoning in the area.
Councilman Buyer said that by eliminating the D-R zone and making it I-1 has raised a lot of questions in his neighborhood along Duerr Road. A developer owns the property in question, and the I-1 zone is more restrictive, thereby limiting what can be put in there.
Councilman Buyer also stated that as far as he knows, there are no proposals in front of the Town at this time to develop this property.
Councilwoman Ackerman said these proposed resolutions also contain language that will give the Conservation Board the ability to choose what kind of landscape bond they feel is appropriate for different projects.
Comments from the floor:
Nicholas Taneff, 279 Summit Avenue: He is in favor of the amendments regarding the buffer zones.
Marvion Ashburn, 6326 Benning Road: He is in favor of the amendments. Mr. Ashburn also wanted to know if these standards could be applied to the projects in the pipeline.
Jean Miller, 25 Briggs Drive: She stated if this rezoning, D-R to I-1, goes through, the Duerr Road area will be between two industrial zones. The Little League driveway is there now, and if the school goes in on Murphy Road, the traffic on Duerr Road would be awful. She also questioned whether the 50’ buffer zone is sufficient. She also wanted to know if the Planning Board could restrict access to this area if developed.
John Bernard, Member of the Planning Board & Chairman of Zoning Commission: He discussed the rational behind the proposed zoning amendments.
Bob Frantsits, 4270 California Road: He stated that he, and most of the people in the Town, do not understand what exactly is taking place with these amendments and should be made more aware of what is going to take place.
Wayne Dieter, 5983 Big Tree Road: He is opposed to making the D-R zone into I-1, He feels it should be zoned as residential. He also has some concerns about the traffic.
Joe Ippolito, Builder in Orchard Park: He is opposed to the amendments as he feels that this is taking land without compensation and restricts what a business can do.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing in the matter of Amendments to the Town Code of Orchard Park Zoning Ordinance is hereby closed at 7:50PM (local time).
The resolution was unanimously adopted.
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties in the matter of the Increase and Improvement of Facilities of Refuse and Garbage District, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law, as follows:
WHEREAS, following the preparation of a map, plan and report by the Clough, Harbour & Associates, LLP, engineers duly licensed by the State of New York (herein called “Engineers”), for the increase and improvement of facilities of the Refuse and Garbage District (herein called “District”) in the Town of Orchard Park (herein called “Town”), in the County of Erie, New York, consisting of the construction of a yard waste management facility, detention pond, asphalt pad, buildings, original furnishings, equipment machinery and apparatus; and pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such preliminary map, plan and report for said increase and improvement of facilities of the District and has estimated the total cost thereof to be $2,320,000; the Town has $520,000 in available funds to pay a part of said cost, the balance shall be financed by the issuance of serial bonds of the Town in the amount of $1,800,000 and any grant funds that may be received from the United States of America and/or the State of New York with respect to such increase and improvement of facilities shall be applied toward the cost of said project or redemption of any bonds issued therefor or may be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and
WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of the facilities of the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk; and
ORDERED, that a meeting of the Town Board of the Town of Orchard Park, be held at the Town Hall in the Town of Orchard Park, on the 18th day of July, 2001 at 7:00 o’clock PM (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it
FURTHER ORDERED, that the Town Clerk publish at least once in the “Southtowns Citizen,” a newspaper having a general circulation in the Town and hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing.
Affidavits and Publication of the Legal Notice of the Order calling for the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. At such time all interested persons were given an opportunity to be heard.
Supervisor Cudney stated this public hearing is to authorize a $1.8 million dollar bond issue to finance the construction of the yard waste reclamation center. She also stated there would be no substantial increase expected in the garbage tax as it is levied in the Town.
Town Engineer, Mike Merritt, stated that the Town bought fifty-four (54) acres of land at the corner of Milestrip and Baker Road and designed a yard waste reclamation center, which will process and compost the brush and leaves that the Highway Department picks up from the residents. The current site has reached capacity and the new site will generate an even better product for the residents to use. There will be a four (4) acre pad to process the mulch and a three (3) acre pad to process the larger pieces. This site will be operated under the supervision of the Highway Superintendent and they hope to have it in operation by this fall.
Comments from the floor: No one came forward to speak
Councilman Mills stated that this will be a first class facility that will pay for itself in ten years.
Councilwoman Ackerman noted that if the Town did not do this project, we would have to pay for disposal and hauling of the yard waste product that is generated by our residents. Therefore, this project is cost containment as well as making some money for the municipality by selling some of the product produced to nurseries.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Public Hearing in the matter of the Increase and Improvement of Facilities of Refuse and Garbage District, in the Town of Orchard Park, in the County of Erie, pursuant to Section 202-b of the Town Law, is hereby closed at 7:56 PM (local time).
The resolution was unanimously adopted.
Supervisor Cudney asked the Town Attorney to put forward the necessary resolutions to move on this project. The Town Attorney stated the first resolution authorizes the Town Board to expend $520,000 in available funds and to borrow $1,800,000 for a total of $2,320,000 in increase and improvements to the Refuse and Garbage District. The second resolution authorizes the issuance of a bond for $1,800,000. The third resolution is that the bond resolution be published in summary.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, following the preparation of a map, plan and report by Clough, Harbour & Associates, LLP, engineers duly licensed by the State of New York (herein called “Engineer”), for the increase and improvement of facilities of the Refuse and Garbage District (herein called “District”) in the Town of Orchard Park (herein called “Town”), in the County of Erie, New York, consisting of the construction of a yard waste management facility, detention pond, asphalt pad, buildings, original furnishings, equipment, machinery and apparatus; at a total cost to the District not to exceed $2,320,000 to be financed with $520,000 in available funds and by the issuance of $1,800,000 serial bonds of the Town, and the levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby.
Any grant funds that may be received from the United States of America and/or the State of New York with respect to such increase and improvement of facilities shall be applied towards the cost of said project or redemption of any bonds issued therefor or may be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and
WHEREAS, the Engineer completed such map, plan and report and estimate of cost and filed same with the Town Board, the Town Board thereafter adopted an order describing in general terms the proposed increase and improvement of the facilities, specifying the estimated cost thereof, and stating that the Town Board would meet to hear all persons interested in said increase and improvement of facilities on July 18, 2001, at 7:00 o’clock PM (local time) at the Town Hall, in said Town; and
WHEREAS, copies of such Order, certified by the Town Clerk, were duly published and posted pursuant to the provisions of Article 12 of the Town Law; and
WHEREAS, such public hearing was duly held by the Town Board on this 18th day of July, 2001 at 7:00 PM (local time) at the place designated by said Order, and considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of the facilities; and
WHEREAS, the Town Board has given due consideration to the impact that the increase and improvement of facilities of the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters including compliance with the New York State Environmental Quality review Act, comprising Article 8 of the Environmental Conservation law and, in connection therewith, a duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk.
NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described and referred to at the estimated maximum cost of not to exceed $2,320,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and that the Engineer heretofore retained by the Town Board shall prepare plans and specifications and make a careful estimate of the expense for said increase and improvement of said facilities and with the assistance of the Town Attorney, prepare a proposed contract for the execution of the work, which plans and specifications, estimate and proposed contracts shall be presented to the Town Board as soon as possible: and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be financed by the expenditure of $520,000 in available funds of the Town and issuance of serial bonds of the Town in the amount of $1,800,000, and the levy and collection of special assessments from the several lots and parcels of land within the District, which the Town Board shall determine and specify to be especially benefited thereby. Any grant funds that may be received from the United States of America and/or the State of New York with respect to such increase and improvement of facilities shall be applied towards the cost of said project or redemption of any bonds issued therefor or may be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Erie County within ten (10) days after adoption thereof.
The forgoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Toni M. Cudney Aye
Councilman John J. Mills Aye Councilman David M. Buyer Aye Councilwoman Nancy W. Ackerman Aye Councilman Stanley A. Jemiolo Jr. Aye
The resolution was unanimously adopted.
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF ORCHARD PARK, IN THE COUNTY OF ERIE, NEW YORK AS FOLLOWS:
Section 1. The Town Board of the Town of Orchard Park (herein called “Town Board” and “Town” respectively) hereby appropriates the amount of $2,320,000 for the increase and improvement of facilities of the Refuse and Garbage District (herein called “District”) consisting of the construction of a yard waste management facility, detention pond, asphalt pad, buildings, original furnishings, equipment, machinery and apparatus, all in accordance with the map, plan and report prepared by Clough, Harbor & Associates, LLP., engineers duly licensed by the State of New York, on file in the office of the Town Clerk and hereby approved. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,320,000 and said amount is hereby appropriated therefor. The plan of financing includes the expenditure of $520,000 in available Town funds to pay a portion of said appropriation and the issuance of $1,800,000 serial bonds of the Town to finance the balance of said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District which the Town Board shall determine and specify to be especially benefited thereby, so much upon and from as shall be in just proportion to the amount of benefit conferred upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; any grant funds that may be received from the United States of America and/or the State of New York with respect to such increase and improvement of facilities shall be applied towards the cost of said project or redemption of any bonds issued therefor or may be budgeted as an offset to the taxes for the payment of the principal and interest on said bonds.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the principle amount of $1,800,000, pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance a portion of said appropriation.
Section 3. The following additional matters are hereby determined and declared:
a. The period of probable usefulness of the specific object or purpose for which said serial bonds are authorized to be issued within the limitations of Section 11.00 a. 6. Of the Law, is twenty-five (25) years.
b. The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation section 1.150-2 of the United States Treasury Department.
c. The proposed maturity of the bonds authorized by this resolution will exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds, shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if:
a. such obligations are authorized for an object or purpose for which the town is not authorized to expend money, or
b. the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or
c. such obligations are authorized in violation of the provisions of the constitution.
Section 7. This bond resolution shall take effect immediately.
The forgoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Toni M. Cudney Aye
Councilman John J. Mills Aye Councilman David M. Buyer Aye Councilwoman Nancy W. Ackerman Aye
Councilman Stanley A. Jemiolo Jr. Aye
The resolution was unanimously adopted.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, by the Town Board of the Town of Orchard Park, in the County of Erie, New York, as follows:
Section 1. The Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, in the “Southtowns Citizen”, a newspaper having a general circulation in said Town and hereby designated as the official newspaper of the Town for Such publication, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Local Finance Law of the State of New York.
Section 2. This resolution shall take effect immediately.
The forgoing resolution was duly put to a roll call vote, which resulted as follows:
Supervisor Toni M. Cudney Aye
Councilman John J. Mills Aye Councilman David M. Buyer Aye Councilwoman Nancy W. Ackerman Aye
Councilman Stanley A. Jemiolo Jr. Aye
The resolution was unanimously adopted.
Old Business #1 Stadium Mobil, 3856 Southwestern Blvd., requesting a Change in Use
8) 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 authorize the request from Stadium Mobil, 3856 Southwestern Boulevard, Orchard Park New York, for a Change In Use from a car wash to restaurant (Subway). The Planning Board, 7/11/01, recommends approval of this request and of the site plan with the following stipulations:
1. This is an Unlisted SEQR Action based on the submitted Short EAF, and a Negative Declaration is made.
2. Landscape Completion Bond is not required.
3. The Special Exception Use for the car wash, which was granted on 2/28/87, shall be revoked.
The resolution was unanimously adopted.
Old Business # 2 Kathryn Zawodzinski, 2 Cynthia Circle, rezone Special Exception Use
9) 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 schedule a Public Hearing for Wednesday, August 15, 2001 at 7:00 PM (local time) for Kathryn Zawodzinski, 2 Cynthia Circle, Orchard Park New York to rezone from R-3 to R-3 Special Exception Use for Home Occupation Use (hairdresser), as recommended by the Planning Board, 7/11/01.
The resolution was unanimously adopted.
Old Business #3 Federal Credit Union, S4000 North Buffalo Rd., request for a building permit
10) 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 from the Orchard Park Central School Federal Credit Union, S4000 North Buffalo Road, Orchard Park New York, for a Building Permit to construct a 3,319 square foot addition to the existing building. The Planning Board, 7/11/01, recommends approval of this request and of the site plan with the following stipulations:
1. This is an Unlisted SEQR Action based on the submitted Full EAF Parts 1 & 2, and a Negative Declaration is made.
2. The site lighting is limited to those fixtures and poles indicated on the approved site plan. The fixtures will be four (4) 75 watt wall packs.
3. No outside storage or display is permitted.
The resolution was unanimously adopted.
New Business #1 Town Board to send letter to Erie Co. DOT requesting “45mph” sign on Behm Rd.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize a letter to be sent to Erie County requesting that a 45 MPH Speed Limit Sign be posted on the complete length of Behm Road to be uniform with the section that has already been changed in the Town of East Aurora, as recommended by the Public Safety Committee and the Chief of Police.
The resolution was unanimously adopted.
New Business #2 Post a “No Outlet” sign on Brookview Terrace
12) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, 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 Laws 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 “No Outlet” sign on Brookview Terrace, and be it further
RESOLVED, that the Superintendent of Highways is hereby directed to erect the “No Outlet” sign on Brookview Terrace, in the Town of Orchard Park, following receipt of this order.
The resolution was unanimously adopted.
New Business #3 Citizens Campaign for the Environment request to canvass the Town
13) 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 from the Citizens Campaign for the Environment to canvass the Town of Orchard Park to campaign for environmental legislation, Monday through Friday, from 4:00 PM to dusk.
The resolution was unanimously adopted.
New Business #4 Orchard Park Village Board request to use Railroad Depot property on 7/28/01
14) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby approve the request from the Village of Orchard Park to use the South Buffalo Street property in front of the Rail Depot on Saturday, July 28, 2001 from 9:00 AM to 5:00 PM, for Civil War Re-enactment Activities.
The resolution was unanimously adopted.
New Business #5 Schedule Bid Opening for vehicle for Building Inspector
15) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the Building Inspector to advertise for bids, for one new 2001 or 2002 compact pick-up truck, to be opened on July 30, 2001 at 2:00 PM, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #6 Summer 2001Recreation Staff appointments
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO TO WIT:
RESOLVED, that the Town Board does hereby authorize the following appointment, contingent upon the required certification, to the Summer Recreation Staff as recommended by the Recreation Director.
Name Address Position Rate
Matthew Keiser 7980 East Quaker St. Aide $5.75
The resolution was unanimously adopted.
Supervisor Cudney announced the Recreation Department is now going to their summer office hours. From July 2nd to August 17th, they will be open Monday through Friday from 9:00 AM to 4:30 PM, and the lake is scheduled to be open until Labor Day. The OP Chamber of Commerce sent a communication regarding the 240/277 road construction update for the period up to July 27, 2001. She stated she received a press release regarding the West Seneca Rotary Foundation Golf Course in which they received $100,000 from the “First Tee Program” and they also closed on the purchase of the final 90 acres of land for the golf course. The project entitled “Western New York Center for Golf and Recreation” has recruited a regionally based Advisory Board to oversee the project through its fundraising and construction stage. Supervisor Cudney stated that the Town and the Village sent a letter to the NYSDOT asking them if it was possible to restripe South Buffalo Street from School St. to the Armor Duells with three lanes to keep a certain amount of continuity. The NYSDOT stated they are going to conduct a study to determine the feasibility of implementing a three-lane section as well as looking at other aspects.
Councilman Mills stated that he is receipt of a letter from Robert Walsh, attorney for Quaker Crossing, LLC, with respect to an interest in developing a commercial retailing project on the property he currently owns on the south side of Milestrip Road, directly across from the Quaker Crossing Retail Project.
17) 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 refer the request of Robert Walsh, attorney representing Quaker Crossing, LLC, to the Planning Board and Conservation Board.
Councilman Buyer stated that the property in question is directly across the street from Quaker Crossing on Milestrip Road and is currently zoned I-1, which no longer allows for shopping centers as the Town Board removed shopping plazas from the special exception use in I-1. The removal of shopping centers from I-1 is currently in the courts, and has been for sometime with no resolution. The Town Attorney confirmed this and said that the Town Board can take action on something that is in litigation. Councilman Buyer said that what is being proposed for this piece of property is actually unknown to the Town Board at this time. But, as a matter of due process, this request is being referred to the Planning Board and Conservation Board, where the actual plans for this property will have to be submitted and the Town Board will then find out what the plans for this property are.
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Town Board does hereby authorize the approval of all entries on Warrant #14, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$124,905.93 |
|
Part Town Fund |
$1,017.88 |
|
Risk Retention |
$220.41 |
|
Highway Fund |
$28,871.31 |
|
Special Districts |
$156,538.04 |
|
Trust & Agency |
$19.09 |
|
Capital Fund |
$52,089.85 |
The resolution was unanimously adopted.
19) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following communication: The NYSDOT stated that the most recent engineering study done at the Rt. 20A and California Road intersection indicates that a three color traffic signal needs to be installed. This will most likely take place during the 2002 construction season.
The resolution was unanimously adopted.
20) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, that the Town Board does hereby receive and file the following reports: Building Inspector’s Monthly Report & Building Permits for June 2001; Chief of Police’s monthly report for June 2001.
The resolution was unanimously adopted.
Nick Taneff, 279 Summit Avenue: He wanted to know if it was possible for all the neighbors on Summit Avenue to join together and grant an easement to the James Brothers to permit sufficient space to create a berm and wanted to know how much land would be needed for it.
Ruth Kabel, 3913 Baker Road: She has a problem with drainage on her property due to work done by the Town of Orchard Park and wants to know when the problem is going to be rectified. She wants some reassurance as to when the work is going to be done. She requested a letter from the Town stating when the work is going to be done as she wants to have something in writing that the work is indeed going to be completed.
Joal Devine, 267 Stonehenge: He presented a petition to the Town Board, signed by her neighbors, asking for help in controlling the traffic and speeding in Stonehenge. With the new development, and the addition of Winterhall Road Stonehenge has been opened up, so there is now a cut through for people to use and the traffic has increased and so has the speeding.
Dan Larivey, 3719 Breem Street: West Herr car dealership was supposed to gate and lock their entrance off of Breem Street, except for deliveries between 8:00 am and 5:00pm. Now it is used from 6:00 AM to 10:00 PM, and many different people are using it. Marong Chrysler leaves a security light on that shines directly into his house.
Bob Frantsits, 4269 California Road: He had questions about the proposed United Home Church Living Facility that was proposed for the corner of Big Tree and California Road. He also had some questions regarding Quaker Center and the Orchard Downs property.
Norm Sundberg, 4537 Duerr Road: He has a concern about the traffic situation at the intersections of Thorn Avenue and Big Tree at the foot of the viaduct, and with Taylor Road and Big Tree. He wanted to know if a study has been done in these areas and if not, could the Town Board try to get one done.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilman Buyer, the meeting was adjourned at 8:59 PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk