Minutes of the February 12, 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
Lorraine Biryla
Paul Bodden
Michael McGuire
William McNamara
Phillip Murray
Eugene Majchrzak, Alternate Member
OTHERS PRESENT: Joseph Campion, 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 January 8, 2003 was unanimously waived as each Board member had previously received a copy.
Mr. Bernard noted a correction to be made to the minutes as follows; page three (3), first paragraph, ninth line down: the sentence should read “garage buildings at a ratio of one space per three residences.”
Further clarification was requested on the following information: The number of units is “290”, the type of unit is “garden” and the maintenance supplies would be stored in “one garage unit”.
A motion was made by Mr. Murray, seconded by Mr. Bernard, to accept the minutes of the January 8, 2003 meeting as corrected and clarified.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. Sub. File #6-94, Birdsong Subdivision, Part 3A, Zoned R-1. Requesting that the Planning Board authorize the Chairman to schedule a Public Hearing for Preliminary Approval of Part 3A, which includes 86 lots. Pre-Application Approval was granted for the entire subdivision on 3/9/94.
APPEARANCE: Rob Pidanick of Pratt & Huth Associates
Mr. Pidanick presented plans for the proposed Part 3A of the Birdsong Development, stating that eighty-six (86) lots are being planned for this phase. Mr. Pidanick requested that the Board members authorize the Chairman to set a public hearing date as soon as possible.
Mrs. Biryla established that the Town Engineer has reviewed the plans and is close to granting preliminary approval.
Mr. Bernard asked the petitioner if the plans received in October 2001 are the same as those received in February 2003. Mr. Pidanick stated there are no significant differences between the two plans and that the February 2003 plans are simply newer copies. Mr. Bernard noted that the preapplication site plan approved by the Planning Board showed one (1) cul-de-sac, while the Part 3A (2001/2003) site plan now shows two (2) cul-de-sacs. Mr. Bernard further stated that a revision in the design of the roadways has changed the concept of the subdivision. Mr. Bernard noted this is an open issue that needs to be reviewed by the Highway Superintendent, Police Chief and Public Safety Committee for their comments. Mrs. desJardins stated she would make this request on the petitioner’s behalf before the public hearing on the preliminary plat plan is held. Mrs. desJardins also confirmed for the members that a Conservation Easement established in Part I on lot #38 has been removed at the request of the developer. Mr. Bernard requested that the petitioner submit specific information regarding where the Conservation Easement will be replaced in Part 3A. Mr. Pidanick stated he would provide this information before the public hearing is held. Mr. Bernard also feels that the changes in the road design must be addressed by the Board based on the Engineering Department memo dated February 6, 2003 from Wayne Bieler, along with the remaining points in the memo.
Mrs. Biryla made a motion, seconded by Mr. Bodden, that the Chairman schedule a public hearing when he deems it appropriate.
ON THE QUESTION:
Mr. Bernard stated he would vote nay, citing that public safety is an open issue and he would like the plan to be reviewed before scheduling the public hearing so that any requested changes can be made.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD NAY
BIRYLA AYE
BODDEN AYE
MC GUIRE NAY
MC NAMARA NAY
MURRAY AYE
THE VOTE ON THE MOTION BEING FOUR (4) IN FAVOR AND THREE (3) AGAINST, THE MOTION IS HEREBY PASSED.
1. P.B. Sub. File #38-98, Eagle Heights Subdivision, Part Eight, Zoned R-1. Planning Board to determine adequacy of the Draft Environmental Impact Statement (DEIS), received by the Planning Board on 12/31/2002.
APPEARANCE: Rob Pidanick, Representing Marrano/Marc Equity
Mr. Pidanick gave a brief history of the proposed project. He noted that there had been a court case in connection with this proposed project, wherein the court’s decision nullified the negative declaration that had been issued by the Planning Board. This decision was recently reaffirmed in appellate court. A DEIS was submitted to the Planning Board for review several weeks ago. Mr. Pidanick asked the members to determine if this document was adequate for public comment and to set a date for the public hearing on the document as soon as possible.
The Chairman informed the petitioner that material previously reviewed by the Planning Board in 2000 might need to be updated. Mr. Pidanick stated that he would address any comments from the Planning Board during the public hearing and asked that any questions or concerns be submitted in written form.
Mr. Murray verified with Mr. Pidanick that the letter of October 2002 submitted from Charles Stoddart, Superintendent of Schools, contains valid information that is current regarding school data and studies.
Mr. Bodden made a motion, seconded by Mr. Bernard, regarding Planning Board Subdivision File #38-98 as follows:
Anthony Cimato and the Marrano/Marc Equity Corporation have petitioned the Planning Board of the Town of Orchard Park for approval of a 78-lot single-family residential subdivision on an approximately 85.6 acre parcel of vacant land located south of the existing Eagle Heights Subdivision.
The applicant submitted a Draft Environmental Impact Statement to the Planning Board of the Town of Orchard Park on December 31, 2002.
Under Section 617.9(a)(2)(ii) of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act), the Planning Board of the Town of Orchard Park, as lead agency, must determine whether to accept the submitted DEIS as adequate with respect to its scope and content for the purpose of commencing public review.
The Planning Board has reviewed the DEIS and the Appendix, which contains studies and reports that address the potential adverse environmental impacts of the proposed subdivision. The Planning Board has determined that the DEIS is adequate with respect to its scope and content.
Therefore, I move that the Planning Board of the Town of Orchard Park accept the DEIS as complete for the purpose of commencing the public comment period.
ON THE QUESTION:
Mr. Mc Namara stated he would be voting nay, citing that he does not feel the DEIS is adequate with regard to the impact on the school system.
THE VOTE ON THE MOTION BEING:
FABINSKY NAY
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA NAY
MURRAY AYE
THE VOTE ON THE MOTION BEING FIVE (5) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS HEREBY PASSED.
The Chairman made a motion, seconded by Mr. Bernard, to schedule a public hearing on the DEIS for March 26, 2003 at 7:00 P.M.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bernard made a motion, seconded by Mr. McGuire, that the public comment period on the DEIS will terminate on April 11, 2003 at 5:00 P.M.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman stated that this was Building Inspector Joseph Campion’s final Planning Board meeting before his February 28th retirement. He stated that Mr. Campion has always been someone he could count on with his wisdom and experience. The Chairman commended Mr. Campion on his competence & his help over the years. Mrs. Biryla stated that Mr. Campion has always been cooperative, thorough and honest. The members applauded Mr. Campion, stating they will miss him.
There being no further business, the Chairman adjourned the meeting at 8:26 p.m.
DATED: 2/14/03 Respectfully Submitted,
REVIEWED: 2/19/03 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky
Planning Board Chairman