Minutes of the April 9, 2003 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Chairman
John Bernard
Paul Bodden
Michael McGuire
William McNamara
Phillip Murray
Eugene Majchrzak, Alternate Member
EXCUSED: Lorraine Biryla
OTHERS PRESENT: David Holland, Assistant Building Inspector
Michael Wolf, Deputy Town Attorney
Sarah desJardins, Planning Coordinator
The Chairman called the meeting to order by stating that if anyone appearing before the Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State law and the Town Code of Ethics.
Upon a motion duly made and seconded, the reading of the minutes of the Planning Board meeting of March 12th, 2003 was unanimously waived as each Board Member had previously received a copy.
Mr. Bernard made a motion, seconded by Mr. Bodden, to accept the minutes of the March 12th, 2003 meeting as presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #3-03, Lake Shore Savings, 3111 Union Road, Zoned B-2. Requesting Planning Board approval of directional signage.
APPEARANCE: Thomas Bixby
Mr. Bixby stated that the directional signage would be illuminated from dusk to dawn because of customers needing to access the automatic teller machine. Mr. Bernard established that the petitioner will be removing all of the existing freestanding signage and that the traffic directional signs (i.e.… no left hand turn, exit to right) that are weather worn will be replaced. The size of the signs was discussed and it was verified that the signs would be conforming upon the Planning Board’s approval of the signage. The proposed signs will be common in size, but imprinted with different lettering sizes. No “logos” or advertising will appear on them. Mr. Bernard noted that the previous bank and a Tops Store located near this site have signs similar in size.
Mr. McGuire made a motion, seconded by Mr. Murray regarding Planning Board File #3-03, to GRANT the sign permit request based on the submitted plans received 3/1/2003, and the following conditions:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. Four (4) signs are approved and permitted per Section 38H.
3. The signs measure 30” high by 30” wide with a maximum overall height of 66”.
4. The signs are illuminated during the hours of dusk to dawn.
5. The signs will be located per the approval location plan dated 3/6/2003.
6. A permit fee shall be paid in accordance with Section 144-70A(1).
7. No logos will be on the signs.
8. The petitioner will remove all freestanding signs as discussed and replace the weather worn directional traffic signs.
ON THE QUESTION:
Mr. Bernard noted that the ATM drive-in signage would need to be illuminated from the time period of dusk to dawn. However, illuminating the front “enter” and “exit” signs would serve no function once the bank was closed, as the after hours traffic entering would be directed to travel to the back. Mr. Bernard requested that the petitioner have a timer to shut off the illumination of these two signs within one hour after the bank closing. This condition is added to the motion made by Mr. McGuire.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
2. P.B. Sub. File #15-02, Scherman Woods Subdivision, 11.23 acres of vacant land, west side of Scherff Road, south of Gartman Road, Zoned
A-1. Requesting that the Planning Board authorize the Chairman to schedule a Preliminary Public Hearing for May 2003. Pre-Application Findings made on 6/12/2002.
APPEARANCE: Mr. Pete LaCongo, grandson
Mrs. Jean Cieplinski, property owner
Mr. Bernard stated, that based upon the information he reviewed in the file, contact was to have been made with the Erie County Department of Public Works Highway Division regarding a curb cut permit for access to Scherff Road (a county road) and a review of safety and road-side drainage concerns. Mr. Bernard advised the petitioner to contact the County and the petitioner stated he would. Mr. Bernard established with Assistant Building Inspector Dave Holland that the County Health Department would control health issues in the SEQR review and that, when applying for the building permit, Health Department approval would be needed before it could be issued. Mr. Bernard also established that there are no wetland issues.
Mr. Murray made a motion, seconded by Mr. Bodden to AUTHORIZE the Chairman to schedule a public hearing.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
Mr. Bernard made a motion, seconded by Mr. McGuire, to have the Planning Board DECLARE itself LEAD AGENCY.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
3. P.B. Sub. File #3-90, Forest Creek Subdivision, Part 2A, Vacant land, east of Stoughton Lane, Zoned R-1. Requesting that the Planning Board authorize the Chairman to schedule a Preliminary Public Hearing for May 2003. Pre-Application Findings made on 5/08/91.
APPEARANCE: Mr. Rob Pidanick, Pratt & Huth
Mr. Pidanick asked that the Planning Board authorize the Chairman to schedule a public hearing so that the project may move forward. Mr. Pidanick further noted that engineering approval has not yet been issued.
Mr. Bernard verified with the petitioner that a slight change had been made to lot #6. A strip of land approximately sixty to eighty feet had been added to this parcel, making it extend toward Route 20A. Mr. Pidanick stated that this land is not a buildable lot because of its unusual shape; therefore, it was added to lot #6. Mr. Pidanick further stated that a new deed will be created. Mr. Bernard noted that a new home could be built having access via a curb cut through the proposed planned cul-de-sac or a curb cut onto via Route 20A. He suggested the members review this matter and decide if they want to control and limit the access onto Route 20A from that lot.
Mr. Pidanick stated that Mr. Steve Doleski, of the DEC had suggested that the Short SEQR form could be submitted for this project. A discussion among the members concluded that they would be comfortable with the Short form if a letter confirming this was received from Mr. Doleski.
Mr. Bodden made a motion, seconded by Mr. Bernard to AUTHORIZE the Chairman to schedule a public hearing when appropriate approvals have been received.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
4. P.B. Sub. File #4-02, Gernold Subdivision, 7.38 acres of vacant land, west side of Transit Road, north of Milestrip Road, Zoned R-2. Requesting SEQRA determination of a four-lot subdivision. Pre-Application Findings made on 6/12/2002.
APPEARANCE: Mr. Andy Gernold, project sponsor
Mr. Bernard asked Mr. Gernold to discuss the information pertaining to having septic systems vs. sewers for this proposed development and what he plans to do. Mr. Gernold stated that a letter received from the DEC indicates that the site is within 250 feet of Erie County Sewer District #3. Mr. Gernold stated his property begins 300 feet north of Milestrip. It is his understanding that this sewer may not be accessed, as it is a forced main sewer and that septic systems would be the appropriate route. Mr. Bernard asked Mr. Gernold if any wetland or archeological studies had been performed. Mr. Gernold stated that if it were requested he would have a wetland study performed. Mr. Gernold explained that the property is located at the top of a hill and to the best of his knowledge there are no significant wetlands. However, in regards to performing an archeological investigation, two references had been made that this should be done to satisfy several requirements. This study has not been performed yet. Mr. Bernard asked Mr. Gernold to comment on the water supply in the area. Mr. Gernold stated that he had not received information other than from his engineer, informing him that the water supply is adequate for the proposed project.
Mr. Bodden asked Mr. Gernold to comment on a memo dated 4/4/03 from the Town Engineering Department to the Planning Board that stated that there was insufficient water pressure and fire flow on Transit Road to service the proposed subdivision. Mr. Gernold stated that he had no knowledge of this memo and would respond to Mr. Bodden’s question regarding the memo at a later date. Mr. Bodden asked if Mr. Gernold had any concerns with the location of his proposed project relative to what had been located on the adjacent property. Mr. Gernold stated that originally he had, but that these concerns had been addressed.
Mr. Bernard made a motion, seconded by Mr. McGuire, that the Planning Board DECLARES itself LEAD AGENCY.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
Chairman Fabinsky made a motion, seconded by Mr. Bernard, that, based on the Long EAF, the Planning Board issue a Positive Declaration for this project because of concerns regarding water, wetlands, sewer, soil, archeology and impacts on health.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
The Board members listed for the petitioner what will be required to be discussed in the DEIS as follows:
1. The water supply to the proposed subdivision.
2. With regards to the comment from the DEC that septic systems would be required, the Town Engineer will verify and document where the 250’ is measured from. Sewers are preferred over septic, but it is realized that it may not be appropriate because of the forced main. Information regarding whether sewers or septic systems will be used must be provided.
3. Archeological study.
4. Wetlands study.
5. Soil testing results must contain information regarding the pesticides that may have been used on this agricultural site with regard to the Benzene, Toluene, Ethylbenzene and Xylenes that had been detected in the soil samples. A better explanation is required than that which was prepared in the report in section, 3.3 – Discussion of the Results. In this section, a statement was made that these substances were all “constituents of gasoline, and the very low levels detected may simply be related to the past use of the subject site for agricultural purposes”. Mr. Bernard noted that this elevated level is found throughout the property.
6. Mr. Murray told the petitioner that, given the location of this site, he would like the petitioner to incorporate into the EIS all of the data relative to the Nike site project from all sources. The petitioner is directed to annex these materials, findings, information, letters, databases and historical comments as an appendix to the EIS.
7. A cross correlation analysis with health cluster databases is also required. Data presented on the existing toxicity is to be cross-correlated with health cluster database activity that is available. Mr. Murray noted that a miniscule breach in a tolerance threshold on a particular chemical might be significant when compared to a health implication. This analysis will aid in looking at this.
Chairman Fabinsky emphasized that reviewing the chemicals is to primarily determine if there is a health consequence. Disease clusters are tracked; a more widely known local case was referenced to as having had these chemicals. It is pivotal for the members, when interpreting and understanding the meaning of a high reading for a specific chemical or element, to know if that chemical or element can correlate to any kind of adverse impact on the health.
The Planning Coordinator asked the Chairman if he planned to hold a scoping session. The Chairman stated that he would not move to do that and that if someone else on the Board wished to make that motion, he or she would be free to do so.
5. P.B. Sub. File #34-01, Delia Car Company, 3518 Southwestern Blvd., Zoned I-1 Special Exception Use. Requesting Planning Board approval of a revised site plan. Original site plan approved by the Town Board on 2/20/02. Tabled by the Planning Board on 8/14/02.
APPEARANCE: Mr. Frank Delia, owner
Tim Arlington, Engineer
The Chairman stated that to move forward on this project the Board needs affirmation that Mr. Delia has acquired the County-owned right-of-way property, or that an authorized contract had been issued for its purchase. The Chairman further noted that the purchase of this additional land was to address the concerns the Board Members had expressed regarding safety. Mr. Arlington told the members that in order for the State Department of Transportation to release maintenance jurisdiction to Erie County, which would allow Mr. Delia to purchase the property, the Town Board, as Lead Agency, needs to issue a negative declaration on the project. Mr. Bernard verified with Mr. Wolf that recommending that the Town Board issue a negative declaration could be done without recommending site plan approval. Mr. Arlington also told the members that the property being added was 6/10ths of an acre, classified as “unusable land” and has no wetlands located on it.
Mr. Bernard discussed the proposed plans with Mr. Arlington and established that no additional wall packs had been added to the revised plan. Mr. Bernard requested that back shields be included on the perimeter lights so the light would shine on the show area and not the
fields. It was noted that the parking space sizes are not labeled on the plan, but Mr. Arlington stated that the intent is to be in compliance
and that the spaces will be ten feet wide by 18 feet long. Mr. Bernard noted that no new trees are proposed along Milestrip Road and expressed
his disappointment. Further discussion established that an effort would be made to preserve the natural vegetation with only weeds being removed. Mr. Arlington agreed to identify any tree two inches or larger in caliper. The petitioner also agreed to submit a proposal for additional landscaping for the Milestrip Road side of the proposed project.
Mr. McGuire’s questions raised concerns regarding the use of the building, now being proposed as a “parts and service” area. He would like the petitioner to install floor drains. The petitioner stated that he would do so.
Mr. Murray asked Mr. Delia to verify if the request is still for a single franchise dealership. Mr. Delia confirmed that the request is for the operation of a single franchise dealership (“Suzuki”) with the sale of used cars. Mr. Murray stated that he is worried that today it is a single franchise dealership and once approved, this would change. Mr. Murray stated that the review of parking, turnarounds, and layout would all need to be reopened as the question, from a concept viewpoint, would be “is the site large enough for what is being proposed?” Mr. Arlington stated that if the opportunity for an additional franchise occurred it would be understood that Mr. Delia would come back to the Planning Board.
Mr. Bernard made a motion, seconded by Chairman Fabinsky, to recommend that the Town Board issue a Negative declaration on this project.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION WAS APPROVED.
Mr. McGuire made a motion, seconded by Chairman Fabinsky, to TABLE this case until a firm PROOF OF ACQUISITION of the proposed additional property can be submitted, as well as REVISED PLANS are received showing back shield
drains.
ON THE QUESTION:
Mr. Bodden asked the petitioner how long it would take to acquire this property if the negative declaration was issued. Mr. Arlington described the process
that would need to be gone through and surmised that it would be approximately two months before the property transferred to Mr. Delia.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION TO TABLE IS APPROVED.
4. P.B. File #29-02, Tim Hortons/Wendys Restaurant, 3195 – 3201 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct a 5,427 sq.ft. restaurant as an outparcel at the Tops Plaza. Town Board referred to Planning Board on 8/21/2002. Tabled by the Planning Board on 3/12/2003.
APPEARANCE: Ralph Lorigo, Attorney Benderson Development
John Houck, Tim Hortons
Marshall Brown, Sear Brown
The Chairman reviewed previous concerns the Board had with this project with the petitioners. These concerns dealt with the traffic flow, the location of handicapped parking, the lighting, signage and architecture. The Chairman stated that the Board is willing to accept any presentation regarding signage and architecture in good faith, expecting that there will be no diversion from what is presented should the project be approved.
Mr. Bodden stated that he had visited a “combo” site located in Hamilton, Ontario, Canada. He reported that this site is considerably larger than the one being proposed and that he had spent several hours observing the operation of the restaurants. Mr. Bodden did not witness any traffic flow problems, but did note that this location has a drive-through covered with a canopy. Mr. Houck confirmed that a canopy covered drive-through is available at an additional cost to a franchise.
A discussion regarding an “upgraded” architectural rendering that had been submitted for the members to review, concluded with the petitioners being
asked to confer and work directly with Mrs. Biryla and resubmit it in color.
Mr. Murray asked the petitioner to describe how the traffic will flow during the dual operation. Mr. Houck indicated on the site plan how the traffic would evolve. He told the members that the revised plans now include an
additional traffic island to be incorporated with signage indicating not to block the area. Also, a stop sign and a stop bar are planned to aid in making the handicapped area more identifiable. Mr. Houck further explained the details involving the handicapped area, noting that to be ADA compliant, 36 inches is needed. However, the plan is being proposed with six feet. Mr. Houck noted that the peak stacking time for Tim Hortons will be prior to 10:30 am, before the Wendys restaurant is open. He further noted that the Tim Hortons lunch program has been offered for the last eleven years and accounts for less than 10% of its total business. The peak stacking time for the Wendys operation is during lunch and dinnertime. Mr. Houck stated that the traffic flow for “combo” sites can be difficult but feels that this site will work well as the two existing curb cuts (one located on Southwestern and one on Orchard Park Road) create an ideal situation for traffic flow. Mr. Murray, noting that the operating hours are used as a premises for the traffic flow, asked the petitioner if a random franchise can change its store operating hours or ask for outside seating as a subsequent managerial notion. Mr. Houck stated that hours of operation cannot be altered and that outdoor seating could be requested through the corporate office. Mr. Houck concurred with Mr. Murray that there is no place at this site for outdoor seating.
Mr. McGuire stated that a photometric plan had been requested at the last meeting. Since that time, he had two conversations with the electrical engineer, but to his knowledge no plans had been received. Mr. Zuber, of Sear Brown, who was present at the meeting, stated that he would like to submit the photometric plans. These plans were submitted to the Planning Coordinator and they will be reviewed by the members and addressed at a future Planning Board meeting.
The Chairman asked Mr. Lorigo to update the Board regarding the signage issue that had been discussed at the previous meeting. Chairman Fabinsky noted that the sign is not what the Planning Board approved during the site plan review process. Mr. Lorigo reported that Benderson determined that Tops had applied for a permit to get that particular signage from the Building Inspector’s Office. Benderson has sent a letter to Tops informing them that the Town of Orchard Park objects to this signage based upon a prior agreement that Benderson had entered into with the Zoning Board of Appeals and that this signage must be removed. Mr. Lorigo noted that if the signage is not removed within thirty (30) days, Benderson will enforce its removal through lease obligations.
Mr. Bernard noted that the petitioner had been requested to supply the members with information regarding the size and plan, including the
address, of the nearest combo restaurant. Mr. Bernard stated that he had not found that the site plan had been forwarded. The petitioners submitted
this documentation to the Planning Coordinator for the members’ review. Mr. Bernard discussed the stacking order and queuing in more detail, stating that he does not feel the parking space storage numbers are adequate on the Wendys side of the building. Mr. Bernard presented the petitioner with a sketch that he had prepared with the Town Engineer and encouraged the petitioner to talk to the engineering department regarding the lengthening of an island, removing and repositioning a light pole, deleting a by pass area on the south west corner and expanding the landscaping. Mr. Bernard also established that the dumpster will be higher than the enclosure. The petitioner agreed to have the enclosure be eight feet in height with brick that will match the building.
Mr. Murray told the petitioners that this site is the “front door” to the community and what we see will be extremely important. Mr. Houck told the members that they are open to “do the right thing” and they will create something the people of Orchard Park will be proud of.
A motion was made by Chairman Fabinsky, seconded by Mr. Bodden, to TABLE this case, pending the receipt of a photometrics plan, elevation and architectural rendering in color, confirmation of the revised waste enclosure, a plan showing landscaping to expand eastward and a letter confirming the information on stacking/queuing that was presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE BEING UNANIMOUS, THE MOTION TO TABLE IS APPROVED.
OTHER BUSINESS:
1. Village Fireplace to discuss outdoor storage.
APPEARANCE: Ray Perryman, owner
Mr. Perryman presented and explained information regarding his request to have outdoor display. The Board members established that this request is renewable each year. The Chairman told Mr. Perryman that he will be placed on the May Planning Board agenda.
APPEARANCE: Mr. Gerry Goldman, Attorney for Lowe’s
Mr. Mark Costich, Costich Engineering
The representatives from Lowe’s presented and explained their proposed site plans. The intention is to demolish the existing K-Mart store and construct a new Lowe’s building 180’ back from the original K-Mart site. Mr. Goldman told the members that an area variance for front yard parking has been applied for and the appeal will be heard at the Zoning Board meeting scheduled for April 15th. Topics of discussion covered by the petitioners included the existing cell tower, landscaping, signage, traffic and lights. The representatives stated that they are flexible on the facade and architecture. It was noted that the Town Board declared itself the Lead Agency on April 2, 2003. It was further learned that Lowe’s expects to employ 170 people at this location.
3. Dominic Piestrak to discuss potential residential project.
APPEARANCE: Dominic Piestrak, Developer
Cliff Crumb, Engineer
Mr. Piestrak presented his proposed plan to the members for a residential project to be located at the corner of Jewett Holmwood Road and Freeman Road. He stated that homes are to be priced at approximately $300,000. Mr. Piestrak further stated that the Conservation Board had been approached for their comments on this plan. It was established that a section of the code would have to be added to cover what Mr. Piestrak is proposing.
There being no further business, the Chairman adjourned the meeting at 10:10 p.m.
DATED: 4/17/03 Respectfully Submitted,
REVIEWED: 4/29/03 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky
Planning Board Chairman