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 7th day of November 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
Michael R. Merritt Town Engineer
Samuel M. McCune Chief of Police
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 Meetings held on October 3rd and 17th, 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.
PUBLIC HEARING
At 7:00 PM Supervisor Cudney called for the Public Hearing to hear all interested parties for or against the proposal to rezone from I-1 to B-2 with Special Exception Use, property located at 3518 Southwestern Blvd., for a proposed car company, as petitioned by Delia Car Company.
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.
At this time, Tim Arlington, with Apex Consulting Survey and Engineering Services, P.C., spoke on behalf of the petitioner. Mr. Arlington explained that the intent of this project is to change the use to convert a present two story 8,000 sq. ft. building into the car showroom, sales and administrative offices. The smaller building behind this will be reduced in size for car cleaning and indoor parking. The Planning Board requests have been met and Mr. Arlington stated he would address any questions from the audience.
Comments from the floor: No one spoke.
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the Public Hearing in the matter of the proposed rezoning from I-1 to B-2 with Special Exception Use, property located at 3518 Southwestern Blvd., for a proposed car company, as petitioned by Delia Car Company, in the Town of Orchard Park, in the County of Erie, New York, is hereby closed at 7:05 PM (local time).
Supervisor Cudney stated that the Town Board will take action at the next board meeting on 11/21/2001.
The resolution was unanimously adopted.
In the Matter of the Joint Increase and Improvement of Facilities of the Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 and all Extensions thereto, in the Town of Orchard Park, in the County of Erie, New York, pursuant to Section 202-b of the Town Law.
Old Business #1 Adopt order to issue serial bonds for Comprehensive Water Supply Improvements
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, following the preparation of a map, plan and report by Malcolm Pirnie, Inc., engineers duly licensed by the State of New York (herein called “Engineer”), for the increase and improvement Water District Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, and all Extensions thereto (herein called “District”) in the Town of Orchard Park (herein called “Town”), in the County of Erie, New York, consisting of the installation of waterlines, the purchase of land, original valves, piping, grading, and metering where necessary, and all ancillary work required in connection therewith; at a total cost to the District not to exceed $5,591,600, to be financed with a like amount of serial bonds of the Town, and the levy and collection of special assessments from the several lots and parcels of land within the District, in a manner determined by law; 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 joint 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 October 17, 2001 at 7:00 o’clock PM (Prevailing 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 on the 17th day of October, 2001 at 7:00 o’clock PM (Prevailing 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.
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 $5,591,600; 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, estimated and proposed contract shall be presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said joint increase and improvement of facilities shall be financed by the issuance of serial bonds of the Town in the amount of $5,591,600, and the levy and collection of special assessments from the several lots and parcels of land within the District, in a manner provided for by law; 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 question of the adoption was duly put to a roll call vote, which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was unanimously adopted.
BOND RESOLUTION OF THE TOWN OF ORCHARD PARK, NEW YORK, ADOPTED NOVEMBER 7, 2001, APPROPRIATING $5,591,600 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF WATER DISTRICT NOS. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21 AND ALL EXTENSIONS THERETO, IN SAID TOWN, AND AUTHORIZING THE ISSUANCE OF $5,591,600 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION.
4) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
BE IT RESOLVED, by the Town Board of the Town of Orchard Park, in the County of Erie, New York (by the favorable vote of not less than two-thirds of all members of said Board) as follows:
Section 1. The Town Board of the Town of Orchard Park (herein called “Town Board” and “Town”, respectively) hereby appropriates the amount $5,591,600 for the increase and improvement of facilities of Water Districts Nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, and all Extensions thereto (herein “District,”) consisting of the installation of waterlines, the purchase of land, original valves, piping, grading, and metering where necessary, and all ancillary work required in connection therewith all in accordance with the map, plan and report prepared by Malcolm Pirnie, Inc., 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 $5,591,600 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $5,591,600 serial bonds of the Town to finance said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in a manner provided for by law.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $5,591,600, 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 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. 1. of the Law, is forty (40) 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 of 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 bonds 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 question of the adoption was duly put to a roll call vote, which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was unanimously adopted.
5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, 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 question of the adoption was duly put to a roll call vote, which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Jr., Councilman Aye
The resolution was unanimously adopted.
Old Business #2 Adopt the 2002 Benefit Basis Special Districts Budget, Public Hearing 10/17/2001
6) 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 adopt the Town of Orchard Park 2002 Benefit Basis Special Districts Budget (which includes various special district funds) as previously filed by the Town Supervisor and presented at a Public Hearing on October 17, 2001 and known as the “Tentative” 2002 Benefit Basis Budget.
The resolution was unanimously adopted.
Old Business #3 Adopt the 2002 Tentative Ad Valorem Budget, Public Hearing 10/17/2001
7) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby adopt the Town of Orchard Park 2002 Amended Tentative Ad Valorem Budget as previously filed by the Town Supervisor and presented at a Public Hearing on October 17, 2001 and known as the “Tentative” 2002 Ad Valorem Budget with an increase in the use of unrestricted appropriated fund balance of $90,000.00 from the presented budget and the final result is that the Town tax rate will decrease by 6.32% and the Village tax rate will decrease by 0.07% and there are no changes in the Highway fund portion of the general budget, therefore, the combined general and highway fund tax rates will decrease for the Town by -3.63% and the Village will decrease by -.07%.
The resolution was unanimously adopted.
Old Business #4 Telecommunications Ordinance, Public Hearing September 19, 2001
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
WHEREAS, resolution was duly adopted by the Orchard Park Town Board at a Public Hearing held by the Orchard Park Town Board on August 15, 2001, at 7:00 PM, at S-4295 S. Buffalo Street to hear all interested parties on a proposed amendment to the Zoning Ordinance entitled, “Telecommunications Ordinance”, and
WHEREAS, notice of said public hearing was duly published in the official newspaper of the Town of Orchard Park, and
WHEREAS, said public hearing was duly held on September 19, 2001 and October 3, 2001, and
WHEREAS, the Erie County Department of Planning, pursuant to Section 239 (m) of the General Municipal Law, made no recommendation with regard to this proposed Ordinance, and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8, State Environment Quality Review Act of the Environmental Conservation Law, it has been determined that the adoption of said proposed Ordinance would not have a significant effect upon the environment, and
WHEREAS, the Town of Orchard Park, after due deliberation, finds its in the best interests of the Town to adopt said amendment to the Zoning Ordinance
NOW, therefore, the Town Board of the Town of Orchard Park, hereby adopts the amendment to the Zoning Ordinance entitled “Telecommunications Ordinance”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is hereby directed to enter said ordinance in the Minutes of this meeting, and in the Code of the Town of Orchard Park, and to publish this amendment to the Zoning Ordinance in the official newspaper of the Town of Orchard Park:
I. COMMUNICATIONS FACILITES
A. Legislative Intent.
The Town of Orchard Park recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or similar facilities. The intent of this article is to protect the Town’s interest in properly siting towers and/or similar facilities in a manner consistent with sound land use planning by:
1. Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting and vegetative screening;
2. Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures;
3. Maximizing the use of any existing tower or existing buildings and/or structures to reduce the number of towers and/or similar facilities needed; while also allowing wireless service providers to meet their technological and service objectives.
B. Definitions. As used in this article, the following terms shall have the meanings indiciated.
ACCESSORY STRUCTURE - An accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility, and located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.
ANTENNA - A system of electrical conductors that transmit or receive radio or similar communication frequency signals. Such signals shall include, but not be limited to, radio, television, cellular, paging, data transmission, personal communication services and microwave communications.
COLLOCATED ANTENNAS - Telecommunications facilities which utilize existing towers, buildings or other structures for placement of antenna(s) which are located not more than 20 feet above the highest point of such existing structure.
FALLDOWN AND/OR SAFETY ZONE - The radius around a tower within which all portions of the tower and antenna(s) would fall.
TELECOMMUNICATIONS FACILITIES - Towers and/or antennas and accessory structures which together are used in connection with the provision of cellular telephone services, data transmission services, personal communications services, paging services, radio and television broadcast services and similar broadcast services.
TOWER - A structure designed to support antennas. It includes, without limit, freestanding towers, guyed towers, monopoles and similar structures which do or do not employ camouflage technology.
TOWER PERMIT - A permit to facilitate the construction of a tower and/or telecommunication facilities pursuant to this article.
C. Approvals required for telecommunications facilities.
1. Collocated antennas. Telecommunication facilities comprised of collocated antennas (and accessory structures) are permitted as of right in any district upon the issuance of a building permit. Such facilities shall comply with all building permit. Such facilities shall comply with all building code requirements set forth in the Town Code (“Code requirements”), provided that any such collocated antennas which require the erection of additional tower sections shall require a site plan review and approval by the Town’s Zoning Board of Appeals (“ZBA”) and a tower permit as set forth in this article.
2. Municipal – or government-owned property. Telecommunications facilities requiring construction of a new tower and/or antenna on municipal – or government – owned property, shall require a site plan review and approval by the ZBA. If the tower and/or antenna is less than or equal to 100 feet in height it may be constructed upon the issuance of a building permit, provided that a majority of the members of the ZBA recommends the issuance of such a building permit and the facility in question complies with all Code requirements. If the tower and/or antenna is over 100 feet in height, construction and operation will require the issuance of a tower permit. Additionally, facilities to be located on property owned by municipalities or other governmental entities other than the Town of Orchard Park shall, to the extent applicable, comply with any additional legal requirements imposed by such municipalities or other governmental entities.
3. Nonresidential districts. Telecommunications facilities requiring construction of a new tower on nonmunicipal- or government-owned property in any nonresidential zoning district shall require a site plan review and approval by the ZBA and the issuance of a tower permit as set forth in this article.
4. Residential districts. Telecommunications facilities requiring construction of a new tower in residential zoning district shall in all cases require a site plan review and approval by the ZBA and the issuance of a tower permit as set forth in this article. Additionally, applications for such telecommunications facilities in residential districts shall be treated as Type I action for purposes of the State Environmental Quality Review Act and shall also require the submission of a visual environmental assessment form addendum to the ZBA.
D. Tower permit application materials.
All applicants for a tower permit shall make a written application to the Town’s ZBA, which should initially be delivered to the Town Building Inspector (with a copy to the Town Clerk), which application shall include:
(1) Orchard Park tower permit application form.
(2) Orchard Park site plan review application form.
(3) Environmental assessment form.
(4) A site plan (“site plan”) in form and content acceptable to the Town, prepared to scale and in sufficient detail and accuracy showing at a minimum:
(a) The exact location of the proposed tower an/or antenna, together with the guy wires and guy anchors.
(b) The maximum height of the proposed tower and/or antenna.
(c) A detail of the tower type (monopole, guyed, freestanding or other).
(d) The color or colors of the tower.
(e) The location, type and intensity of any lighting on the tower and antenna.
(e) The property’s boundaries of the property on which the tower and/or antenna is proposed to be constructed (“the property”).
(f) A copy of the property survey prepared by a licensed land surveyor.
(g) Proof of the landowner’s consent, if the applicant will not own the property. (A copy of a lease agreement must also be provided if the applicant will not own the property.)
(h) Location of all structures on the property and all structures on any adjacent property within 50 feet of the property lines, together with the distance of these structures to the tower and the distance of the tower from all property lines and public roads or rights-of-way and all structures within the falldown zone.
(i) The names and mailing addresses of all adjacent landowners.
(j) The location, nature and extent of any proposed fencing and landscaping or screening to be constructed around or in conjunction with the tower and/or any telecommunications applicable to the tower.
(k) The location and nature of any utility easements and access roads proposed or existing in connection with the tower or applicable telecommunications facilities.
(l) Building elevations of accessory structures and/or immediately adjacent buildings to the proposed tower and related telecommunications facilities.
(m) Location and nature of any power generators existing or to be constructed in connection with a proposed tower and/or related telecommunications facilities.
(n) For purposes of this section, the term “property” refers to the parcel of land owned and/or leases by the applicant.
5. “Before” and “after” propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage, contrasted with proposed signal coverage resulting from the proposed telecommunications facility.
6. A “search ring” prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the ZBA why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for collocated antenna(s) and to what extent the applicant explored locating the proposed tower in a more intensive use district or other available sites which are more consistent with the type preferences set forth in Subsection E below.
7. The ZBA, upon reviewing the application, may request reasonable additional information, including but not limited to any visual and aesthetic information it deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscape plans, line-of-sight drawings and/or visual simulations from the viewpoints selected by the ZBA or its designated agents (including the Town’s Engineer) or representatives.
E. Communications facility permit standards.
The following criteria will be considered by the ZBA prior to the approval/denial of a request for a tower permit and may be used as a basis to impose reasonable conditions on the applicant to the issuance of such a tower permit:
(a) Property with an existing structure suitable for collocation.
(b) Property located in the I-1 Zoning District.
(c) Property located in the A Zoning District.
(d) Property located in a residential zoning district.
1) Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences or properties to the extent possible, the ZBA may impose reasonable conditions on the applicant, including but not limited to the following.
(a) The ZBA may require a monopole or guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design.
(b) The ZBA may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible. Additionally, landscaping may include two lines of spruce trees having a minimum height of six feet, each planted 10 feet apart. The first such line may be located 10 feet outside any required fence around a permitted tower and the second to be located 25 feet outside any required fence around a permitted tower.
(c) The ZBA may require the applicant to show that it has made good-faith efforts to collocate on existing towers or other available and appropriate collocated structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.
(d) Towers shall be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as provided herein or as required by the FAA. Towers shall be a galvanized finish or painted matte gray unless otherwise required by the FAA or the ZBA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.
(e) No tower shall contain any signs or advertising devices except those required by law.
(f) The applicant must submit a copy of its policy regarding collocation on the proposed tower with other potential future applicants. Such policy shall not be changed without the written consent of the ZBA and be applicable to any assignee or transferee of the applicant and require applicant to allow collocation if the new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment. The party desiring to collocate shall pay the applicant an appropriate and reasonable sum to collocate and agree to any other reasonable terms and conditions to relocate.
2) Radio-frequency effect. The ZBA may impose a condition on the applicant that any approved antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency technical exposure limits and that the applicant provide competent documentation to support that the maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded.
3) Traffic, access and safety.
(a) The site plan should indicate reasonable emergency or service access to all telecommunications facilities. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower or antennas or accessory structures is prohibited. All such roads shall be maintained and kept free of snow to assure appropriate access at all times.
(b) All towers and accessory structures, including guy anchors, if applicable, shall be enclosed by a fence eight feet in height or otherwise sufficiently protecting such facilities from trespassing or vandalism. The height limitations and material limitations applicable to such fences contained elsewhere in the Town’s Zoning Code are exempt as they affect this section.
(c) The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
(d) The ZBA may require the towers and antenna(s) be set back a sufficient distance from adjacent property lines and/or structures to safeguard the general public and/or adjacent property from damage in the event of a tower failure or falling debris such as ice, which distance shall take into account the falldown zone of any tower and/or antenna. In all instances towers and/or antennas shall be located no closer than 800 feet from any public road or right-of-way and 500 feet from any existing residences. The falldown zone should be equal to the height of the tower and any antenna annexed thereto from any adjacent property line. Notwithstanding the limitations contained herein, the ZBA can set a different falldown zone upon receipt of information from the applicant or adjoining property owners which demonstrates the safety of the general public or adjacent property is protected.
(e) If the ZBA deems it appropriate, it may require a reasonably acceptable security alarm or alarms to be installed in connection with any tower or related telecommunications facilities as a condition to the issuance of a tower permit.
4) Removal of a tower. The applicant shall agree to remove the tower, antenna and/or telecommunications facility if said tower, antenna and/or telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The ZBA shall require the applicant to provide a demolition bond reasonably acceptable to the ZBA (the “bond”) to assure appropriate removal of a telecommunications facility, antenna and/or tower in case the applicant fails to do so as required in the amount and for the term deemed appropriate by the ZBA. If requested in writing by the ZBA the amount of said bond will be adjusted, no more frequently than once every five years, to reflect the current removal cost. Notwithstanding any other provision of this subsection E(5) to the contrary, the ZBA may waive the requirement for a demolition bond in those instances where a particular tower and/or antenna is collocated on an existing tower and/or antenna, the removal of which is assured by an acceptable existing demolition bond.
5) Structural safety. Upon written request from the ZBA or Town, either during the application process and/or after construction of the tower and/or antenna, the applicant shall provide a certificate from a qualified licensed engineer certifying that the tower and/or antenna meets with applicable structural safety standards. Such requests from the ZBA or Town shall not occur more than once every five years unless the Town has reasonable grounds to believe the tower and/or antenna is in unsafe condition, in which event such a request may be made on a more frequent basis. In any such an event, the certificate described herein shall be delivered to the Town and/or ZBA within 30 days of such a request, and any repairs recommended in such a certificate shall be commenced, and if possible completed, within 30 days of the date of such a certificate.
6) Maintaining the telecommunications facility. Notwithstanding any other provision contained herein, all telecommunications facilities shall be maintained in good order and repairs required by the Code requirements and all applicable state and local statutes and regulations. Failure to make such repairs within 10 days of receipt of a written request to do so from the Town or to maintain an acceptable demolition bond as described in Subsection E(5) of this section shall constitute a violation of this article and subject the applicant and/or any owner, lessee or operator of such facility or facilities to a fine of up to $500 per day with each day thereafter on which such a violation continues to exist constituting a separate violation of this article.
7) Required landscaping around towers or telecommunications facilities shall be maintained at all times. Dead trees shall be replaced within 150 days with similar sized trees, regardless of height, if possible. Property shall be mowed regularly to a height if six inches or less twice a month during the growing season.
8) Notice of operation. At all times during which a tower and/or antenna regulated by this article is located or operated within the Town the owner, lessee and/or operator shall provide to the Town Clerk that information which is required by federal law in case emergency maintenance of safety precautions are required.
F. Exemptions from requirements of this article. The following are exempt from the requirements of this article:
1. Existing towers and antenna(s) may be repaired and maintained without restriction.
2. An antenna used solely for residential household television and radio reception which, together with any tower or other structure to which it is attached, do not exceed 45 feet in height, provided that the antenna or any tower to which it is attached is at least the same distance from any adjoining property line.
3. Satellite antennas measuring two meters or less in diameter and located in agricultural, business or industrial zoning districts and satellite antennas one meter or less in diameter, regardless of location.
G. Procedure.
1. The ZBA may waive any requirements in this article for good cause shown.
2. This article is meant to control and regulate the construction and use of towers, antennas, related telecommunications facilities and similar facilities in the Town. The approval of the Zoning Board of Appeals shall be the only approval required for tower antennas, related telecommunications facilities and similar facilities in the Town.
H. Permit and related fees.
Permit fees pertaining to tower permits or building permits issues pursuant to Subsection C-1- through C-4 of this section are as follows and may be changed from time to time by resolution adopted by the Town Board: $100.00
1. As a condition to the issuance of any related building or tower permit to facilitate the construction of a tower, antenna or telecommunications facilities pursuant to this section, the ZBA may require the applicant to pay the fees of an independent engineer retained by the Town to assist in the evaluation of the permit application.
BE IT FURTHER RESOLVED, this resolution shall take effect immediately.
Before the vote was taken, Councilman Jemiolo asked to be recused, since his wife works for Verizon.
The question of the adoption was duly put to a vote which resulted as follows:
Toni M. Cudney, Supervisor Aye
John J. Mills, Councilman Aye
David M. Buyer, Councilman Aye
Nancy W. Ackerman, Councilwoman Aye
Stanley A. Jemiolo, Councilman Recused
The resolution was duly adopted.
Old Business #5 Authorize final payment & release of retention to contractor for OP Library Roof
9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILLS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR CUDNEY, TO WIT:
WHEREAS, all the work on the Orchard Park Library Roof Replacement Project has been satisfactorily completed in accordance with the contract documents and specifications, and
WHEREAS, work on the project had been previously delayed due to weather from the winter of 2000 until the spring of 2001, and
WHEREAS, work was further delayed due to a dispute with the contractor concerning improperly installed gutters and the problem has now been resolved satisfactorily, and
WHEREAS, the required Affidavit of Release of Liens and Affidavit of Subcontractor/Supplier Payment has been received from the contractor
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby authorize final payment and release of retention to Joseph A. Sanders and Sons, Inc., P.O. Box 814, Buffalo, New York 14240 for the Orchard Park Library Roof Replacement Project in the amount of $6,267.35, pending receipt of the maintenance bond, as recommended by the Town Engineer.
The resolution was unanimously adopted.
Old Business #6 Authorize final dedication of Chestnut Ridge Village Sub Pt IV, Phase II
10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, on October 11, 2001 a final inspection was conducted of the public improvements installed in the Chestnut Ridge Village Subdivision, Part IV, Phase II and the project included the completion of Ashwood Lane stub roads connecting Part IV, Phase 1 to Part III, as well as the construction of Soldier Wood Circle and Arrowood Lane, and
WHEREAS, all of the work has been satisfactorily completed in accordance with Town specifications with the exception of some grading and seeding along a portion of the right-of-way of Arrowood Lane and the nature trails and foot bridges through the Town Parklands property. We are in receipt of $1,000.00 cash security for seeding and grading and $3,500.00 cash security for trail work which will be held in escrow until that work has been satisfactorily completed, and
WHEREAS, a two-year maintenance bond in the amount of $262,500.00 has been submitted along with all other necessary legal 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 Chestnut Ridge Subdivision, Part IV, Phase II constructed under PIP #2001-01, and authorize the Town Clerk to release the performance security in the amount of $52,500.00, as recommended by the Town Engineer.
The resolution was unanimously adopted.
11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, upon dedication of Part IV, Phase II of the Chestnut Ridge Village Subdivision, and pursuant to the authority granted by Section 1660 of the Vehicle and Traffic Law of the State of New York, as recommended by the Town Engineer
ORDERED, that stop signs be erected effective immediately, within the Town of Orchard Park, outside the incorporated Village of Orchard Park, stopping traffic at the following intersections:
Post a STOP SIGN on Arrowwood Lane at the intersection of Ashwood Lane.
Post a STOP SIGN on Soldierwood Circle at the intersection of Ashwood Lane.
And it is further
ORDERED, that the Superintendent of Highways be and is hereby directed to post the proper and necessary signs at said locations.
The resolution was unanimously adopted.
New Business #1 Set Public Hearing for Conservation Easement from Mark & Patricia Fenzel
12) 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 scheduling of a Public Hearing on December 5, 2001 at 7:00 PM (local time) for the Conservation Easement request from Mark and Patricia Fenzel, 20.47 acres of land on the southeast corner of Bunting Road and Newton Road, and be it further
RESOLVED, that the Town Clerk is hereby directed to publish due notice thereof.
The resolution was unanimously adopted.
New Business #2 Refer to the Planning Board & Conservation Board
13) 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 refer to the Planning Board & Conservation Board: Arbor Lawns, vacant land located at S4025 North Buffalo St., requesting Site Plan approval for Phase 1.
The resolution was unanimously adopted.
14) 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 following budget transfers as recommended by the Town Clerk:
$165.00 From: A.1410.419 Elections, Machine Moving, Signs
To: A.1410.445 Machine Renovations
$13,700.00 From: A.3060.000 Grant Revenue Account
To: A.1410.462 Sara Records Mgmt.
The resolution was unanimously adopted.
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 Village of Orchard Park the use of the green lot on the east side of the Depot on Saturday, December 8th, 2001 through Monday, January 7th, 2002 for the celebration of “Holiday in the Park” and the display of the Holiday decorated trees.
The resolution was unanimously adopted.
Supervisor Cudney recognized the mandated retirement on October 31, 2001, of the outstanding Police Officer Charles P. Sherry, Sr., who was with the Orchard Park Police Department for over thirty years. She stated that it was a privilege to work with Officer Sherry and he will be truly missed. Supervisor Cudney thanked him for his contribution in making our community a safe place in which to live. At this time she read a quote from the letter sent to Officer Sherry with congratulations from the Town Board, “The world is round and the place which may seen like the end may also be the beginning.”
16) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN BUYER, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILLS, TO WIT:
let it be known that on this date November 7, 2001
the following proclamation was read into the record:
WHEREAS, TERRY WALLACE being the daughter of the late Neil and the late Katheleen Reilly O’Grady, and
WHEREAS, having grown up at 73 School Street in the Town of Orchard Park and sister to Ann, Mary Kay, Margaret, Kathleen and Michael, and
WHEREAS, she married George Wallace, also from Orchard Park, who recently retired from teaching at the South Davis Elementary School, and
WHEREAS, on June 12, 1969, TERRY WALLACE began her career of over thirty years at the Buffalo Psychiatric Center, 400 Forest Avenue in the City of Buffalo, and
WHEREAS, TERRY WALLACE worked her way through the various positions of Ward Social Worker, Team Coordinator, Utilization Review Specialist, to become head of the Utilization Review Department, and
WHEREAS, TERRY WALLACE was selected as the Buffalo Psychiatric Employee of the Year in 1984:
NOW, THEREFORE, the Town Board of the Town of Orchard Park, in the County of Erie, in the State of New York, hereby recognizes TERRY WALLACE for her hard work, accomplishments and leadership that helped benefit many people with special needs from all over Western New York, and wishes her great enjoyment throughout her retirement beginning November 15, 2001.
The resolution was unanimously adopted.
Councilwoman Ackerman stated that the United Way thanked the Town of Orchard Park participants for their 2001 contribution. Councilwoman Ackerman on behalf of the Town Board, congratulated Tristan Schultz of Troop #285, who will become an Eagle Scout on Thursday, November 8th, 2001at the Ellicott Elementary School at 7:30 PM. Councilwoman Ackerman reported that the Veterans Day observance will be held in Veterans Park in the Village on Sunday, November 11th, 2001 at 11:00 AM, where the dedication of the new plaque mounted on the rock will take place. Councilwoman Ackerman thanked everyone involved with this project, especially Howard Frohnapple who wrote the tribute to the Veterans, and Jerry Scoones for all his efforts.
Supervisor Cudney stated that on Friday, November 9th, 2001 at 11:45 AM at the Senior Center, there will be a Flag Pole dedication.
The Police Chief reiterated the merits of Police Officer Charles P. Sherry, Sr. and publicly thanked him for his 33 years of service.
17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR CUDNEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board does hereby authorize to approval of all entries on Warrant #21, following auditing by members of the Town Board and in the funds indicated:
|
General Fund |
$131,684.11 |
|
Part Town Fund |
$3,778.08 |
|
Risk Retention |
$2,498.44 |
|
Highway Fund |
$219,358.12 |
|
Special Districts |
$70,260.81 |
|
Trust & Agency |
$21,709.72 |
|
Capital Fund |
$378,653.05 |
The resolution was unanimously adopted.
18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN BUYER, TO WIT:
RESOLVED, that the Town Board is hereby authorized to receive and file the following communications as entered on the agenda: 1) Erie County Department of Public Works, Division of Highways. Re: Town of Orchard Park Intersections, Gartman Road @ Scherff Road and Milestrip Road @ Baker Road.
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 is hereby authorized to receive and file the following reports as entered on the agenda 1) The Chief of Police’s Monthly Report for October 2001.
The resolution was unanimously adopted.
Rich Almeter – 6425 W. Quaker St: He asked the Town Board to consider the issuance of permits and regulations for snow plowing contractors for liability purposes.
Nicholas Taneff – 279 Summit Ave: He gave a site plan to the Town Board on the proposed AT&T cellular tower at the Southwestern Blvd. location. Mr. Taneff owns property on 3165 Southwestern Blvd. and has some issues on the proposed access road, which would be adjacent and feels that perhaps there should be some thought given in regard to buffering. Mr. Taneff also thanked the Town Board for their help in working with the residents of Summit Avenue and Diversified Controls in regard to the buffering problems they have incurred.
Paul Barker – 6619 Chestnut Ridge Rd: He had concerns about water system and fire protection.
There being no further business from the floor, on motion by Supervisor Cudney, seconded by Councilwoman Ackerman, the meeting was adjourned at 7:35 P.M. in honor of Retired Police Officer Charles P. Sherry, Sr.
Respectfully Submitted,
Janis A. Colarusso
Town Clerk