Minutes of the December 10, 2003 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Chairman
Lorraine Biryla
Paul Bodden
Michael McGuire
William McNamara
Phillip Murray
Eugene Majchrzak, Alternate
EXCUSED: John Bernard
OTHERS PRESENT: Andrew Geist, Building Inspector
Michael Wolf, Deputy Town Attorney
Sarah desJardins, Planning Coordinator
Gregg Mistretta, Junior Engineer
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 November 12, 2003 Planning Board meetings was unanimously waived as each Board Member had previously received copies.
A motion was made by Mrs. Biryla, seconded by Mr. Bodden, to accept the minutes of the November 12, 2003 meeting as presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
BIRYLA AYE
MC NAMARA AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 7:30 P.M., Public Hearing, P.B. Sub. File #38-98, Eagle Heights Subdivision, Part 8, Vacant land, south of Red Brick Road and Hearthstone Terrace, Zoned R-1. Requesting Final Approval of a 78-
lot subdivision. Preliminary Approval was granted by the Planning Board on 7/9/03.
APPEARANCE: Mr. Rob Pidanick, Pratt & Huth, representing Marrano/Marc Equity
Mr. Peter Sorgi, Esquire
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published November 30, 2003 was presented and filed with the Board by the Planning Coordinator.
IN FAVOR:
Mr. Rob Pidanick
Pratt & Huth Associates
4950 Genesee Street, Suite 165
Buffalo, NY 14225
Mr. Pidanick spoke in favor of the project, noting that he is present representing the petitioners.
Mr. Peter J. Sorgi, Esq.
Renaldo Meyers
350 Essjay Road
Williamsville, NY 14221
Mr. Sorgi stated that he is in favor of the project and told the members that he is the counsel for the petitioners.
AGAINST:
Ms. Kathleen Sweet
4 Red Brick Road
Orchard Park, NY 14127
Ms. Sweet stated that she would like the proposed subdivision to be consistent with the other phases that have been developed by not installing streetlights. She also commented on reducing the R.O.W. and spoke regarding the entranceway to “Red Brick” not being maintained.
Mrs. Biryla made a motion, seconded by Mr. Bodden, to close the Public Hearing
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
BIRYLA AYE
MC NAMARA AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman told Mr. Pidanick that a memo had been received from the Engineering Department advising the Board of remaining issues that precluded granting Final Approval for the project. Mr. Pidanick explained to the members that he believes the remaining issues have been addressed in the latest submissions to the Engineering Department. He further feels that once the Engineering Department reviews the material, approval for the project will be obtained. However, the Board concluded that they could not approve the project without Engineering approval. In addition, the Chairman stated that he would like documentation of all agreements and understandings that have been specified and agreed to with respect to this project.
Mr. Bodden made a motion, seconded by Chairman Fabinsky, to TABLE this request for Final Approval pending Engineering Department approval.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
BIRYLA AYE
MC NAMARA AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #12-03, Walter Schmidt, 14.34 acres of vacant land, east side of California Road, south of Big Tree Road, Zoned R-3. Requesting rezoning from R-3 to R-3 Special Exception Use in order to construct a townhouse project. Town Board referred to Planning Board on 5/21/03. Tabled by the Planning Board on 6/11/03, 7/9/03, 9/10/03 and 11/12/03.
APPEARANCE: Doug Bennett, TVGA
Ed Schiller, TVGA
Walter Schmidt, petitioner
Mr. McNamara confirmed with Mr. Bennett that the proposal is to build 48 units and that according to the Town ordinance,
approximately 26 single-family homes could be built at this location under the current zoning.
Mr. McNamara asked Mr. Bennett to discuss the drainage plans. Mr. Bennett explained that based on consultations with the Town Engineering Department, a preliminary plan had been developed that includes two detention basins. The detention basins would hold the 100-year storm event and discharge the excess water to the culvert that exists under California Road and travel across to a town park. Approximately 4-1/2” of rain would need to fall in a 2-hour period to reach the 100-year level. It was further confirmed that the number of children living in the proposed development would be less than 20, based on the projection of having one child for every six units. This approximation is less than the number of children that would probably live in a subdivision that could be built on the parcel.
Mr. Bodden discussed the drainage and water table concerns with Mr. Bennett. Mr. Bennett stated that once the detention ponds are in place, the existing seasonal water table would be lowered.
Mr. Bennett explained and showed a rendering of the project to the members.
The Chairman asked what would occur with the excess water if the 100-year storm level is exceeded. Mr. Bennett told the members that the water would be routed as planned and if an overflow were created an emergency berm would alleviate the excess water. Mr. Bennett further noted that the runoff conditions would improve when the ponds are put in. The Chairman also discussed what impact this project would have on the school system. Mr. Bennett told the members that the project has units available with no more than two bedrooms, so it is not believed that the population of the project would drastically change over time due to additional children being raised here. He further commented that the allowed subdivision would have a greater effect on the school system, as homes in a subdivision would most likely be larger than the proposed units.
As full Board representation was not present this evening, the Chairman canvassed the Board, per the request of the petitioner. The result of the canvass was four (4) ayes and two (2) nays. Therefore, the petitioner requested that the Board proceed with a motion.
Mrs. Biryla made a motion, seconded by Mr. Bodden, to recommend the Town Board approve the requested Special Exception Use Permit
P.B. Mtg. #16 Regular Mtg. #12 December 10, 2003 Page 5
for R-3 to R-3 Special Exception Use to construct a townhouse project based on the following conditions and stipulations:
1. This is a Type I SEQR Action based on the submitted Full EAF Parts 1 and 2. A negative declaration is recommended.
2. Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
3. The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 11/05/03, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
4. The proposed project is in compliance with the Town's long range comprehensive plan.
5. The applicant has demonstrated a need for the project.
6. The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
7. The applicant has demonstrated an orderly flow of traffic ingress and egress.
8. The applicant has provided suitable parking facilities.
9. Landscaping as indicated on the proposed plan will provide adequate screening.
10. Free area for recreation is not required.
11. The nearness and impact on schools and utilities is not an issue.
12. The health and safety of adjacent properties is not affected.
ON THE QUESTION:
Mr. McNamara stated why he supports this project. Mr. Bodden agreed with Mr. McNamara’s reasoning and stated that he feel the drainage will improve with the implementation of the project. Mr. Bodden also believes the project will increase the value of the surrounding area. Mrs. Biryla noted that there is a need for this project. The Chairman agrees with the members’ thoughts, however, he stated that he couldn’t support the project being proposed at this location.
THE VOTE ON THE MOTION BEING:
P.B. Mtg. #16 Regular Mtg. #12 December 10, 2003 Page 6
FABINSKY NAY
BODDEN AYE
BIRYLA AYE
MC NAMARA AYE
MC GUIRE NAY
MURRAY AYE
THE MOTION BEING, FOUR (4) AYES AND TWO (2) NAYS THE MOTION IS HEREBY PASSED.
3. P.B. File #18-03, Carnation Senior Housing, Vacant land, south side of Southwestern Boulevard, east of Hazel Court, Zoned S-R. Requesting a Building Permit to construct a 50-unit senior independent living facility.
APPEARANCE: William Schutt, Wm. Schutt & Associates
William Long, Wm. Long & Associates
Jocelyn Bos, People, Inc.
The Chairman told the petitioners that in accordance with the Town of Orchard Park’s ordinances a public hearing must be held before the Planning Board can move forward with the approval of this request. He asked Ms. Bos if there was a time frame for the project. Ms. Bos explained that the HUD funding applied for will be in jeopardy if Planning Board approval is not issued by December 31st.
Mr. Murray discussed three issues that he believed are remaining with this project. These include the fact that, approvals had not been received from the Engineering Department, a proposed curb cut approval has not been received from the D.O.T. and the sanitary sewer system issue has not been resolved between the Towns of Orchard Park and West Seneca. Mr. Schutt explained that a correspondence dated 9/20/03 verified that the D.O.T. had given approval for the proposed curb cut and he also told the members that an agreement had been reach for the proposed sanitary sewer system that will tie into the West Seneca sewer system. Mr. Murray referenced an Engineering memo, dated December 10, 2003, noting that approval could not be granted. Mr. Mistretta, of the Town Engineering Department explained the remaining issues that precluded engineering approval.
Mrs. Biryla and Mr. Schutt signed and dated the renderings that were presented for the inclusion in permanent file.
Mr. McGuire made a motion, seconded by Mrs. Biryla, to SCHEDULE a Special Meeting to hold a Public Hearing on Monday, December 22, 2003, at 6:00 p.m.
P.B. Mtg. #16 Regular Mtg. #12 December 10, 2003 Page 7
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
BIRYLA AYE
MC NAMARA AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
There being no further business, the Chairman adjourned the meeting at 8:55 p.m.
DATED: 12/15/03 Respectfully, Submitted,
REVIEWED: 12/31/03 Rosemary M. Seivert
Planning Board
Secretary
Harold T. Fabinsky
Planning Board Chairman