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 6th day of June 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 COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
RESOLVED, the minutes of the Town Board Meetings held on May 2nd & May 16th, 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.
Special Recognition for Youth Court Seniors was presented by the Orchard Park Youth Board Director, Tom McGinty, assisted by Supervisor Cudney and Councilwoman Ackerman. Tom McGinty stated that “The most valuable resource of any community is our youth, who will become our future leaders and future citizens.” The Orchard Park Youth Court is sanctioned by Erie County, New York and is the official alternative to Erie County Family Court related cases. The students were honored with an official certificate from the Town and an engraved plaque, which reads; “In appreciation of your dedication and service to the Youth Court of Orchard Park. The entire community thanks you for your outstanding efforts on behalf of the youth of Orchard Park.” The following students were recognized: Matt Nagowski, Catherine Russell, Heather Warhol, Renee Farwell, Julie Brylinski, Jason DaPolito and Matt Pieotrowski.
Supervisor Cudney stated that the Town is very proud and appreciative of their service and wished them well and hopes that they will return to Orchard Park.
Councilwoman Ackerman stated that the values that these students have is due to their proud parents. The Town Board and the Town of Orchard Park wishes them success and happiness.
At 7:00 PM (local time) the Supervisor called for the Public Hearing to hear all interested parties for or against the adoption of the Conservation Easement on property located at 6463 Bunting Road, Orchard Park New York, as petitioned by Frank & Rosetta Newton, 6463 Bunting Road.
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.
Comments from the floor: Mary Dix, 6345, Bunting Road: She asked why there should be any discussion about the conservation easement, to which Supervisor Cudney stated it was required by law.
Councilwoman Ackerman thanked Frank & Rosetta Newton for the Conservation Easement and their wonderful contributions to our community.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Public Hearing to hear all interested parties in the matter of the Adoption of a Conservation Easement on property located at 6463 Bunting Road, as petitioned by Frank & Rosetta Newton is hereby closed at 7:17 PM (local time).
The resolution was unanimously adopted.
3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board is hereby authorized to approve and accept the application for a Conservation Easement on 117.5 acres of land, zoned agricultural, located at 6463 Bunting Road and owned by Frank & Rosetta Newton from 6463 Bunting Road, Orchard Park for a ten (10) year period upon signing by the Petitioner, as recommended by the Conservation Board, and be it further
RESOLVED, this property will have a real property tax exemption, based on a reduction in assessment of 25% of the land only, in said Conservation Easement.
Supervisor Cudney expressed her sincere thanks and gratitude for the conservation easement.
The resolution was unanimously adopted.
Old Business # 1 United Church Home Society, southeast corner of California Rd. & Big Tree Rd.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, United Church Home Society has petitioned the Town of Orchard Park to rezone land on the southeast corner of California Road, and Big Tree Road, for the purpose of constructing a life care community, and
WHEREAS, the petitioner has submitted a Full Environmental Assessment Form which has been reviewed by the Town of Orchard Park, and
WHEREAS, the Orchard Park Town Board has previously declared this petition to be a Type 1 Action under the State Environmental Quality Review Act, and has sought lead Agency status under SEQR, and has submitted the petitioner’s Environmental Assessment Form to the appropriate agencies,
RESOLVED, that the Orchard Park Town Board determines that, under Section 617.7 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, this proposed project has the potential for one or more significant environmental impacts including transportation and traffic safety, archeological resources, drainage in the area, growth and character of the neighborhood, state wetlands, possible federal wetlands, the existence of an oil well, and the potential impact on the protected “cardinal-flower”, as well as the impact of rezoning the entire site to B-2 and the impact of rezoning the entire site to R-3 and, be it further
RESOLVED, that the Orchard Park Town Board hereby issues a Positive Declaration under SEQR and hereby requires the petitioner to prepare a Draft Environmental Impact Statement in accordance with SEQR Section 617.9, and be it further
RESOLVED, that a Scoping Session be conducted as outlined within SEQR Section 617.8.
The resolution was unanimously adopted.
New Business #1 Public Improvement Permit 2001-01 for Chestnut Ridge Village Part 4, Phase 2
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received an application for a public improvement permit, 2001-01, from Kenneth Nigro, for Chestnut Ridge Village Subdivision, Part 4, Phase 2, and
WHEREAS, this phase will include approximately 2,250 L.F. of roadway and public utilities to serve 27 new sublots, and when completed it will connect the two separate segments of Ashwood Lane, providing a new travel route between Chestnut Ridge Road and Powers Road, thus eliminating the safety concerns created when Phase 1 was dedicated last year, and
WHEREAS, the Town has received the plans for the project and have found them to be in compliance with current Town Specifications, and the required fees, bonds and insurances have been received,
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve Public Improvement Permit #2001-01 for the Chestnut Ridge Village Subdivision, Part 4, Phase 2, as recommended by the Town Engineer.
The resolution was unanimously adopted.
New Business #2 Excavation Permit 2001-01 for placement of fill at 7355 East Quaker Road
6) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, the Town has received an application for an Excavation Permit from Edmund F. Burke, 7355 East Quaker Road, to fill approximately 0.61 acres on the southeast portion of his property adjoining the end of Hobby Lane, and
WHEREAS, the Town Engineer has reviewed the plans and have found them to be acceptable, and all necessary fees have been paid
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the Excavation Permit # 2001-01 for the placement of fill at 7355 East Quaker Street, as recommended by the Town Engineer, and be it further
RESOLVED, that a Security Bond in the amount of $50,000.00 be presented to the Town Clerk prior to issuance of the Excavation Permit, to protect the Town from any damage to Hobby Lane that may result from hauling fill to the end of the road, as recommended by the Highway Superintendent.
The resolution was unanimously adopted.
New Business #3 Excavation Permit 2001-02 for placement of fill at 4000 North Buffalo Road
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN TO WIT:
WHEREAS, the Town has received an application for an Excavation Permit from the Orchard Park Central School Federal Credit Union to fill approximately 2.15 acres at the rear of their property at 4000 North Buffalo Road, and
WHEREAS, the fill material is being generated from the Route 240 reconstruction project and will be placed by the New York State Department of Transportation’s contractor, A&L, Inc., and the work will be done in coordination with the filling of the adjoining property to the north, where there is also an application pending for an excavation permit, and
WHEREAS, the Town Engineer has reviewed the plans and found them to be acceptable, and all necessary fees have been paid
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the application for an Excavation Permit 2001-02 for the placement of fill at 4000 North Buffalo Road, as recommended by the Town Engineer.
The resolution was unanimously adopted.
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Town has received an application for an Excavation Permit from Merle Whitehead to fill approximately 2.25 acres at the rear of his property at 3890 North Buffalo Street, and
WHEREAS, fill material is being generated from the Rte. 240 reconstruction project and will be placed by the New York State Department of Transportation’s contractor, A&L, Inc., and the work will be done in coordination with the filling of the adjoining property to the south, where there is also an application pending for an excavation permit, and
WHEREAS, the Town Engineer has reviewed the plans and found them to be acceptable, and all the necessary fees have been paid
RESOLVED, that the Town Board does hereby approve the application of Excavation Permit #2001-03 for the placement of fill at 3890 North Buffalo Road, as recommended by the Town Engineer.
Before the vote was taken Supervisor Cudney asked the Town Engineer to explain the drainage concerning this property. The Town Engineer stated that this property is north of the Credit Union property. This property along with Mr. Whitehead’s property will be filled together. The Town Engineer stated that behind the Credit Union to the west, these two properties drop off approximately nine feet in elevation and the natural drainage flows is in that direction. In the Pleasant Acres Subdivision, there are two homes that are behind the Credit Union. He also stated the new fill is designed so the majority of drainage will slope south to the Town’s detention basin and into a closed storm drainage system, cutting off some the current drainage and ultimately aiding the situation.
The resolution was unanimously adopted.
New Business #5 NYPIRG requesting to canvass the Town from June 1st through August 31st 2001
9) 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 grant the request from New York Public Interest Research Group Fund, Inc. (NYPIRG) requesting to canvass the Town of Orchard Park, June 1st through August 31st, 2001, from noon until dusk. NYPIRG is a non-partisan organization under the New York State Not-For-Profit Corporation Law. Their main concerns include consumer protection, environmental preservation and numerous other public policy issues.
The resolution was unanimously adopted.
New Business #6 St John Vianney, request to hold 5K run in the Town of Orchard Park
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby approve the request of St. John Vianney Church, 2950 Southwestern Blvd. to hold a 5K Run in the Town of Orchard Park, Thursday, July 26, 2001 at 6:30 PM. The race will start on Westgate Boulevard, proceed to Reserve Road until they get to Villa Maria. Villa Maria to Angle Road which will take them to East & West Road and then back onto Westgate Boulevard, on a route approved by the Chief of Police.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby approve the request for The Barbara A. Mueckl Scholarship Fund to hold a Memorial Walk/Run Fundraiser in the Town of Orchard Park for a local scholarship, Saturday, October 6, 2001. The walk will begin at South Davis Elementary School, go through Green Lake Park and several of the neighborhood streets in that area, on a route approved by the Chief of Police.
The resolution was unanimously adopted.
New Business #8 2001 Stable Permit for Quakerfield Inc., 4760 Freeman Road
12) 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 approve the renewal application for the 2001 Public Stable Permit for Quakerfield, Inc., 4760 Freeman Road, as recommended by Building Inspector.
The resolution was unanimously adopted.
13) 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 approve the renewal application for the 2001 Public Stable and Riding Academy Permit for Greendale Farm, 7295 Jewett Holmwood Road, as recommended by the Building Inspector.
Supervisor Cudney stated that New York State has a farm barn grant restoration program and Sue Braen, the owner of Greendale Farm, would appreciate any letters of support if she applies for the grant aide.
The resolution was unanimously adopted.
New Business #10 2001 Commercial Parking Permit for Mark Leitzan, 3830 Sheldon Road
14) 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 approve the new application for a Commercial Parking Permit for 3830 Sheldon Road, Orchard Park New York, as petitioned by Mark Leitzan, and as recommended by the Building Inspector.
The resolution was unanimously adopted.
New Business #11 Orchard Park Lion Club request to use Green Lake for Fishing Derby on 6/24/01
15) 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 Orchard Park Lions Club to hold their Annual Fishing Derby at Yates Park/Green Lake on Sunday, June 24th, 2001, which will begin at 10:00 AM and conclude around 4:00 PM.
The resolution was unanimously adopted.
New Business #12 South Davis Elementary School request to use Green Lake/Yates Park on 6/8/01
16) 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 the South Davis Elementary School to use Green Lake/Yates Park for a picnic and the use of the play equipment, Friday, June 8, 2001 from 11:30 AM to 1:30 PM.
The resolution was unanimously adopted.
New Business #13 South Davis Elementary School request to hold parade on Flag Day, 6/14/01
17) 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 South Davis Elementary School to have a parade, on the stipulated route, Thursday, June 14, 2001 in honor of Flag Day. The parade will include the students and 60 or so adults including many members of the VFW in Orchard Park who have generously purchased small American Flags for the students.
The resolution was unanimously adopted.
New Business #14 Appoint 2001 Spring/Summer Recreation Department Staff
18) 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 appointments to the 2001 Spring/Summer Recreation Staff, dependent upon the applicant providing the required certification, as recommended by the Recreation Director:
|
Name |
Address |
Position |
Rate |
|
Chris Fitzgerald |
6231 Bunting Road |
A |
$5.75 |
|
Aarti Shenoy |
59 Braunview Way |
A |
$5.75 |
|
Laura McCann |
93 Tanglewood Dr. |
L |
$6.15 |
|
Christen Besanceney |
73 Briar Hill |
L |
$6.40 |
|
Amanda Gessner |
6 Peppermill |
L |
$6.15 |
|
Jennifer Nichols |
115 Fox Meadow Rd. |
L |
$6.40 |
|
Eva Szinger |
30 Carey Drive |
S |
$7.00 |
|
Beth Forrest |
123 So. Ridge |
S |
$6.75 |
|
Laura Besanceney |
73 Briar Hill |
A |
$5.95 |
|
Amy Willems |
18 Burning Bush Way |
A |
$5.75 |
The resolution was unanimously adopted.
19) 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 refer the following to the Planning Board and the Conservation Board: 1) Orchard Park Central School Credit Union, 4000 North Buffalo Street, request for a Building Permit to expand the existing building from 2,547 square feet to 5,916 square feet. 2) Kathryn G. Zawodzinski, 2 Cynthia Circle, request to rezone property from R-3 to R-3 Special Exception Use to run a home business.
The resolution was unanimously adopted.
New Business #17 Out-of-District Water Customer, refer to Town Attorney & Town Engineer
20) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
RESOLVED, that the Town Board does hereby refer the request of Charles LaMartina, 6191A Ward Road, for Out-of-District Water service for a newly constructed home be referred to the Town Attorney and Town Engineer.
The resolution was unanimously adopted.
21) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION , SECONDED BY COUNCILMAN MILLS, TO WIT:
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
NOW THEREFORE, be it
RESOLVED, that a Public Hearing on the following proposed amendments to the Town of Orchard Park Zoning Ordinance is hereby scheduled for Wednesday, July 18th, 2001 at 7:00 P.M:
§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 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.
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
Supervisor Cudney reported on the Citizens Task Force for Trails in Orchard Park and the need for a special commission to study questions and concerns raised in the recent proposed Eagle Heights Nature Trail. The purpose of this Task Force would be to research present and future trails and to make recommendations to the Town. She stated she has spoken to several residents who are willing to serve on this Task Force. At this time she stated their names; Robert Rucker, Anne Bergantz, Audrey Ramage, Tom Kohler, Richard Gernold, Ed Rider, Lyle Toohey and Mike Moore. She also stated she requested that the New York State Office of Parks, Recreation and Historic Preservation to name someone also to sit on the Task Force. She stated the Councilmembers may have other people that may be named to the Task Force. We should have a more complete group at the next meeting. Supervisor Cudney asked Robert Rucker to serve as the Chairperson for the Task Force.
Councilman Mills stated that the Southtowns Sewer Treatment Agency met and discussed the possibility of merging with the City of Buffalo Sewer Authority. The Agency Board has given them a time frame of 18 months to finalize a plan. He said the Southtowns Agency is pursuing alternatives for a twenty million dollar and a five year expansion plan to accommodate the needs of our residents and surrounding towns in the district. He also stated that he had conversations with some homeowners on Ponderosa Court and the developer about sales contracts stipulated that this subdivision would have homes that were not less than 2,600 square feet with brick facades. The developer has sold the remaining six lots to Ryan Homes and two of these have been sold to individuals allowing homes which are less than 2,600 square feet. He stated that perhaps the Town may have to get involved by way of an Architectural Review Board or other means to maintain the integrity of the Town.
Councilman Buyer stated that he supports the Citizens Task Force for Trails and would suggest that it will have a time length to complete the findings and recommendations.
22) 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 authorize the payment of North East Southtowns Solid Waste Management Board (N.E.S.T.) annual dues of $960.84 based on the 1990 census.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that regarding the trails issue, the Town representatives have met with Pat McKeon, who is the local representative of the New York State Parks, Recreation and Historic Preservation Office. Mr. McKeon recommended that the Town write to Ken Burns in Albany requesting the transfer of the approved $60, 000.00 grant money be moved to Birdsong Parklands Trails. Councilwoman Ackerman announced the following: the Pavilion will begin the annual summer concerts on June 14, 2001at 7:00PM, Carl Burgwardt’s Bicycling Museum will have opening and book signing on June 13, 2001 at 4:00 PM, Orchard Park Students “Art Splash” works are on exhibit at Fleet Bank, the Town, Village and School Townwide Study Committee will receive the final first draft in July, Michael Stock has resigned form the Planning Board, and the Youth Board has sent out information to sixteen area schools and is now accepting applications for the Youth Court.
Councilman Jemiolo stated that the need is apparent for a Citizens Task Force for Trails. The Town needs to be prepared for future plans with a budget, a mission statement and a timetable to report if and where trails would work for the residents.
23) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, the Town Board has determined that Hobby Lane is sixteen (16) to eighteen (18) feet wide with a minimal base and will not support excess heavy truck traffic, and
WHEREAS, the Town Highway Superintendent has recommended the weight limit be reduced
ORDERED, that a restriction on the weight limit on Hobby Lane be placed at ten (10) tons gross vehicle weight, and be it further
ORDERED, that the Orchard Park Highway Superintendent be hereby directed to post the proper and necessary sign at said location.
The resolution was unanimously adopted.
The Building Inspector stated that there has been a problem with illegal dumping on Freeman and Jewett Holmwood Roads. The owner of the property, DPS Southwestern, plans on temporarily taking the material and lining it up along the right of way on his property, covering it with topsoil and seeding it as a berm. This will act as a barricade to anyone trying to dump.
24) 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 Police Chief McCune and Police Captain Michael Sherry to receive the New York Accreditation Certificates in Albany, New York on Thursday, June 14, 2001.
The resolution was unanimously adopted.
25) 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 authorize the approval of all entries on Warrant #11, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$254,809.56 |
|
Part Town Fund |
4,584.64 |
|
Risk Retention |
102.16 |
|
Highway Fund |
32,680.30 |
|
Special Districts |
68,602.97 |
|
Trust & Agency |
10,786.39 |
|
Capital Fund |
14,762.96 |
The resolution was unanimously adopted.
26) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, the Town Board does hereby receive and file the following Report as entered on the agenda: Police Chief’s Monthly Report for May 2001.
The resolution was unanimously adopted.
David Brown, 53 Ponderosa Court: He is concerned about the three lots that were sold without the minimum requirement of 2,600 sq. ft. for the homes that was promised by the developer when they bought their homes. He is asking for help from the Town to change this, perhaps a moratorium against Cimato Builders.
Joe Mesi, 41 Ponderosa Court: He asked Councilman Mills to clarify the commitment letter of Ryan Homes on the last remaining lots. Mr. Mesi asked the Town Attorney who is responsible for policing the developer to make sure he properly files the restriction deed.
The Town Attorney explained that property transactions are between the owner and developer. The proper procedure is for the deed restrictions to be filed by the developer with the Erie County Clerk, at the time the owner purchased the property. The owner does not have a claim if the deed wasn’t filed, so the individual buyer has the obligation to make sure the deed is filed before the closing of the transaction. Enforcement of the deed restriction is in each individual contract and has to be filed before the purchase.
William Descovich, 34 Ponderosa Court: He asked the Town Attorney if the deed restriction on one persons parcel would apply to all the rest of the lots. Mr. Descovich stated that the developer deceived the Ponderosa Court homeowners and feels that perhaps he should be prevented from further development in the Town.
The Town Attorney stated that had the developer filed the deed restriction that related to all the lots, then the homeowners would have enforceable rights.
Councilwoman Ackerman asked the Town Attorney if the information would be in the file approved by the Planning Board and he stated that the Town does not keep that information or enforce deed restrictions because it is the private rights of each individual and they can enforce these rights in each lot if they do exist. The Town Attorney stated that unfortunately this does not prevent the developer from obtaining a building permit in the Town and since these were private transactions the homeowners would have to seek retribution on an individual basis, and the Town would not be the enforcer. Mr. Descovich suggested that perhaps the Town could impose a moratorium on Cimato, and the Town Attorney stated that can’t be done to an individual builder.
Scott Janaski, 7431 Behm Road: He stated that he does real estate closings and offered to look at the Ponderosa Court residents map cover and restrictions and see if there is a loop hole for them.
There being no further business from the floor, on motion by Councilman Jemiolo, seconded by Supervisor Cudney, the meeting was adjourned at 8:21PM (local time).
Respectfully Submitted,
Janis A. Colarusso
Town Clerk