Minutes of the March 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
Eugene Majchrzak, Alternate Member
EXCUSED: Phillip Murray
OTHERS PRESENT: David Holland, Assistant Building Inspector
David G. Yates, Principal Engineer Assistant
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 February 12th, 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 two (2), fourth paragraph should read “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. Biryla made a motion, seconded by Mr. Bernard, to accept the minutes of the February 12, 2003 meeting as corrected.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #29-02, Tim Horton’s/Wendy’s 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.
APPEARANCE: Ralph Lorigo, Attorney Benderson Development
Lou Terragnoli, Director of Real Estate, Tim Horton’s
Chairman Fabinsky told Mr. Lorigo about his concerns regarding a sign that displays the word “regular” and indicates the current pricing for gasoline at the Tops Fueling Station located within the Benderson Plaza. Chairman Fabinsky stated that the sign had not been indicated on the submitted and approved Benderson plans. He further stated he understands that a sign permit had been issued for the sign, but that the Planning Board had explicitly approved and made their recommendations for this project based on the submitted material. In addition to this existing discrepancy, light fixtures used in the plaza had convex rather than the approved flat lenses. The Chairman expressed his concern that what is proposed for the plaza in the future will somehow not end up as what is actually built. Mr. Lorigo, after reconfirming this issue with the members, stated he would address their concerns with Benderson Development.
Mr. Terragnoli explained and presented the plans for a 5,427-sq. ft. Tim Horton/Wendy’s combination building to the members. The site would be accessed from the two existing curb cuts of the Plaza, which are located at Orchard Park Road and Southwestern Boulevard. He further told the members that this would be the first “combo” building in Western New York and there would be a total of 107 seats located in the restaurant. Mr. Terragnoli told the members that Tim Horton’s is primarily a morning business and that Wendy’s is frequented as a lunch and dinner business. Mr. Terragnoli concluded that the project could operate within the projected parameters and he explained how the entrances and drive-thru windows would function (stacking order).
Mr. Terragnoli stated that the location of the handicapped parking spaces had been determined by the following; a handicapped accessible door would exist on that side of the proposed building, the topography being more level on that side aids in gaining access and by the drive-thru window traffic flow which exited away as a patron approached or exited the building. Mr. Terragnoli told the members that thirty-six parking spaces would exist at this site and that when these were added to the plaza’s total parking there would be 1,323 spaces. The green space total for the plaza with this project added would be 20.1%. Mr. Terragnoli showed the members a rendering of the proposed building. He further noted that the dumpster would be enclosed using the same brick as that used in the construction of the building.
The Board members discussed the safety concerns they have involving pedestrians, the drive-thru traffic and handicapped parking. It was the opinion of several members that this location is not large enough to accommodate the proposed project. Also, several members stated that they had visited local locations of either a Tim Horton’s or Wendy’s and do not believe the stacking order would evolve as Mr. Terragnoli had described. It was also noted that the current Tim Horton’s lunch marketing program would not make Tim Horton’s a “primarily morning business” as Mr. Terragnoli had described it to the members.
Mr. McGuire asked the petitioner to provide the square footage of the Tim Horton’s buildings that exist at the following local locations; two located in West Seneca, one located in East Aurora, the Union Road Cheektowaga location and also one located in Hamburg. It was further requested that the square footage and address be supplied for the nearest combo building, which was determined to be located in Canada.
Mr. Bodden told the petitioner he would like to see the design used for the East Aurora Tim Horton’s adapted to the proposed Orchard Park Tim Horton’s project.
Mrs. Biryla commented that she favored the architecture of the Tim Horton’s buildings located in Batavia and East Aurora over what was being presented. She further stated that she felt this project is dangerous and may not fit in the proposed location.
Mr. Bernard noted that he preferred the architecture of the Tim Horton’s located in Batavia and also believes the site is too small for the proposed project. After further discussion he requested that the petitioner submit the following information: (1) Documentation for the stacking plan. (2) Photos or drawings that match the plans submitted in order to avoid any discrepancies in the future. (3) Plans that would depict the “plaza-walking plan”, as this is not shown on the submitted plan. (4) Information regarding the specific signage being requested. He further told the petitioner that there should be no identification on the enter or exit signs.
Building Inspector to not allow any additional signage without the approval of the Planning Board.
Mr. McGuire spoke regarding the deficiencies that exist with the proposed lighting plan. It was determined that the petitioner will contact him further to have these issues addressed.
Mr. Majchrzak suggested the petitioner have one drive-thru window servicing both restaurants to help ease the potential traffic flow problems.
He felt that the common sharing that existed between the two businesses might be able to accommodate this aspect as well.
Mrs. Biryla commented that she felt that the petitioner should have more land, a better traffic flow, a better suited location for the handicapped parking, or perhaps just a “Tim Horton’s” or just a “Wendy’s”. She further noted that the original approval for this out-parcel location had been for a free standing building for a family style restaurant.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to TABLE the review of this case pending receipt of the additional information as follows:
1. The square footage of nearby Tim Horton’s/Wendy’s, as discussed above, within a five-mile radius.
2. The size and plan, including the address, of the nearest combo restaurant as discussed above is to be given to the Planning Coordinator as soon as possible. Information supplied will be compared to the proposed combo building.
3. A review and possibly new proposal with regard to the handicapped parking.
4. Traffic issues related to the stacking of vehicles as discussed above.
5. The presentation of an architectural rendition that would be aesthetically pleasing and consistent with either of the two mentioned locations (Batavia and East Aurora).
6. Lighting issues shall be resolved.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Lorigo reconfirmed with the Chairman that he would look into the “good faith issue” with Benderson Development regarding the Tops Fueling Station sign.
2. 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.
The Chairman announced that this project had been removed from the agenda at the request of the petitioner.
3. P.B. File #27-02, People, Inc., Vacant land, south side of Southwestern Boulevard, east of Hazel Court, Zoned R-3. Requesting rezoning from R-3 to S-R. Town Board referred to Planning Board on 8/7/2002. Tabled by the Planning Board on 11/13/2002 for additional information.
APPEARANCE: Mrs. Patricia Bittar, Wm. Schutt Associates
Jocelyn Bos, Housing Director – People, Inc.
William Long, Architect
The Chairman acknowledged that the petitioner had submitted the previously requested information for the members to review and asked the members if they had any additional questions.
Mr. McNamara reconfirmed with the petitioner that no preference would be given to local applicants. All applicants meet specific criteria set by HUD and, generally, the applicants are from the surrounding area. It was also learned that a contractor had brought this specific property to the petitioner’s attention for development.
Upon reviewing the elevation, Mrs. Biryla told the petitioner that she found the proposed building unattractive. She noted that it looked like a “barracks”. It was noted that if the facade of the building were more visually broken up, it might look less institutional. The petitioner stated that gables and rooflines accomplished this but were not easily seen in a flat drawing. It was suggested that a 3-D elevation might be more helpful in seeing how the building will look. The planned colors to be used are tan and green, with a brick front. The petitioner stated he would provide an actual rendering.
The Chairman stated he would like the petitioner to supply information that would convince him that changing the zoning to accommodate the proposed project would benefit the Town of Orchard Park. The Chairman stated that he feels the residents of the facility would be in an isolated location and he asked the petitioner to address this. He further requested that the petitioner advise what impact the Hazel Court neighbors would have from this facility if it was approved. Chairman Fabinsky also asked the petitioner to supply information on the anticipated usage of the Town’s emergency services.
Mrs. Bittar told the members that the buffer plan shows that the natural buffer would remain and be enhanced with additional plantings to help the Hazel Court residents.
Mr. Bernard discussed the buffering plan with Mrs. Bittar and requested that additional information be submitted regarding the topography and type of vegetation with its specific qualities of growth. (i.e… will it remain with foliage year round to aid in the buffering?)
Ms. Bos, in response to the Chairman’s questions, told the members that the benefit to Orchard Park was that 4,188 individuals within the community would qualify economically for the proposed housing complex. She further stated that a van service worked well at other facilities and records indicate that the largest number of emergency calls totaled 31 at the their Buffalo location, for the entirety of 2002. Some of these calls were false fire alarms. This property is tax exempt and the facility could pay special district taxes or make contributions for volunteer services.
The Chairman requested that the petitioners fine-tune the architecture, review the isolation question and give a better idea of the demographics by providing a drawing indicating where the percentage of tenants would be drawn from.
Mr. Bernard discussed noise and odor impacts on the area. It was established that there would be no individual air conditioning units and that there would be one enclosed chiller with the noise being directed upward. This would be located against a back wall of the building. There would also be a community kitchen within the community room and a common coin-operated laundry room for the facility. Mr. Bernard requested that the petitioner present more detail in a letter that would clarify and document these facts.
Mr. McGuire requested that the petitioner provide information on the exterior lighting cuts, as this had not been provided. Photometrics were also requested.
Chairman Fabinsky made a MOTION, seconded by Mr. Bernard, to TABLE this request pending the receipt of the following information:
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. Peter Krog to discuss potential residential project.
APPEARANCE: Mr. Jeb Bray
Ms. Gay Krog
Mr. Bray discussed a potential residential project with the members.
2. Robert Pidanik to discuss Forest Creek Estates.
APPEARANCE: Mr. Rob Pidanik
Mr. Pidanik discussed the additional property that had been acquired for a residential project.
There being no further business, the Chairman adjourned the meeting at 9:27 p.m.
DATED: 3/14/03 Respectfully Submitted,
REVIEWED: 3/19/03 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky
Planning Board Chairman