Minutes of the May 14, 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
OTHERS PRESENT: Mr. David Holland, Assistant Building Inspector
Michael Wolf, Deputy Town Attorney
Wayne Bieler, Town Engineer
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 April 9th, 2003 was unanimously waived as each Board Member had previously received a copy.
Mr. Murray noted an addition to be made to the minutes as follows; page seven (7), first paragraph, first sentence: “from all sources” to be added to the end of the 1st sentence. With this addition the sentence will now read, …data relative to the Nike site project from all sources.
Mr. Murray made a motion, seconded by Mr. Bernard, to accept the minutes of the April 9th, 2003 meeting as corrected.
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.
1. 7:30 P.M., Public Hearing, 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 SEQRA determination and Preliminary Approval of a two-lot subdivision. Pre-Application Findings made on 6/12/2002.
APPEARANCE: Mrs. Jean Cieplinski, petitioner
Mr. Leonard La Congo, son-in-law
At 7:30 p.m. the Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published May 3rd, 2003 was presented and filed with the Board by the Planning Board Secretary.
IN FAVOR:
Mr. Leonard La Congo
6480 Benning Road
Orchard Park, NY 14127
Mr. La Congo stated that dividing the parcel of land would make the lots similar in size and that a family member may build a home here in the future.
Mrs. Jean Cieplinski, owner of the property
77 Siegfried Drive
Williamsville, NY 14221
Mrs. Cieplinski expressed her wishes to have the property divided, as she presently is paying taxes on this one lot, as though it were two lots, through an error. She merely wants the situation corrected and to have her children able to reside here, if they choose to.
AGAINST: None
Mrs. Biryla made a motion, seconded by Mr. Bernard, to CLOSE the PUBLIC HEARING.
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 noted that a correspondence received from the County indicates that the petitioner is to contact the County Highway Department relative to information regarding curb cut access and drainage. Mr. Bernard established that no further information has been received and that the development fees have been paid.
Mrs. Biryla made a motion, seconded by Mr. Bernard, that this is an UNLISTED SEQR action based on the submitted FULL EAF PARTS 1 AND 2, and a NEGATIVE declaration be made on 5/14/03.
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.
Mrs. Biryla made a motion, seconded by Mr. Bernard, to GRANT Conditional Preliminary Plat Plan Approval for this two (2) lot subdivision based on the submitted preliminary plat plan received 5/14/02 with the following conditions:
1. This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2, and a Negative declaration was made on 5/14/03.
2. Public Hearing and Subdivision Development fees have been paid.
3. Recreation fees in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing.
4. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
5. Town Engineering Approval has been granted on 2/28/2003.
6. The public hearing for final approval shall be waived.
7. No further subdivision shall occur with these two sub lots.
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.
Mrs. Biryla made a motion, seconded by Mr. Fabinsky, to Grant Conditional Final Plat Plan Approval for this two (2) lot subdivision based on the submitted preliminary plat plan received 5/14/03 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on 5/14/2003.
2. A Negative SEQR determination was made on 5/14/2003.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation fees in accordance with Section 144-70E of the Town Code have been provided.
5. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
6. Town Engineering Approval has been granted on 5/14/2003.
7. No further subdivision shall occur within these two sub lots.
8. All understandings, covenants and agreements that are part of the written and taped record are incorporated as conditions of approval.
ON THE QUESTION:
Mr. Bernard verified with the Planning Coordinator that the subdivision recreation fee has been paid.
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.
2. 7:30 P.M., Public Hearing, P.B. Sub. File #3-90, Forest Creek Subdivision, Part 2A, Vacant land, east of Stoughton Lane, Zoned R-1. Requesting SEQRA determination and Preliminary Approval of an eight-lot subdivision. Pre-Application Findings made on 5/08/91.
APPEARANCE: Mr. Rob Pidanick, Pratt & Huth Associates
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published May 3, 2003 was presented and filed with the Board by the Planning Board Secretary.
IN FAVOR:
Mr. Robert Pidanick
Pratt & Huth Associates
4950 Genesee Street, Suite 164
Buffalo, NY 14127
Mr. Pidanick stated he is representing the petitioner, Pino-Alto Partners, and he is in favor of the development.
AGAINST:
None
Mr. Murray made a motion, seconded by Mr. McGuire, to CLOSE the PUBLIC HEARING.
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 Board had requested that the petitioner provide correspondence from the D.E.C. confirming the D.E.C.’s disposition regarding SEQR for this project. Mr. Pidanick reported that discussions with the D.E.C.
have been ongoing and that a response from the D.E.C. is expected soon. Mr. Pidanick submitted a short EAF and correspondence dated July 16, 1996 from the State Historic Preservation Office. He also supplied the Board with a full set of engineering plans for their review.
The Chairman stated that the Board requires the correspondence from the D.E.C. before it can make a SEQR determination.
Mr. McGuire made a motion, second by Mr. Murray, to TABLE this case pending additional information.
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.
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, 3/12/2003 and 4/30/2003.
APPEARANCE: Ms. Jocelyn Bos, Housing Director, People, Inc.
Mrs. Patricia Bittar, Wm. Schutt & Associates
Mr. William Long, Architect
Mr. Tim Greenan, West Seneca Rotary Foundation
Mr. McNamara told the petitioner that he supports the goals of People, Inc. However, he questioned if the petitioners feel comfortable with the proposed location and if they believe it is the best possible choice, noting the isolation and high traffic speed of the area. Ms. Bos told the members that People, Inc. is comfortable with this site and she feels that the services that would be provided, along with the van shuttle service and the location of the “YMCA”, make this location the best choice possible.
Mr. Bodden established that the proposed project will not be a nursing facility. The residents residing here would have their full mental and physical capabilities, with no limit to their entering and exiting the
facility. Mr. Bodden noted that the posted speed limit for the area is 45 miles per hour. Ms. Bos told the members that no other H.U.D. 202
complex exists within the Town of Orchard Park. However, two facilities catering to the same clientele do exist in the Town of Orchard Park. One is located on Armor Road and the other on Angle Road. The rent at these facilities is totally paid by the residents. People, Inc. is subsidized by the Federal Government to assist residents in the cost of their rent. It was further established that when a resident’s abilities begin to deteriorate, the People, Inc. staff work to have the resident admitted into an assisted care facility. Mr. Bodden stated that the facility is similar to apartment buildings to the east and west of the proposed project, except for the criteria that must be met in order to be a resident.
Mrs. Biryla stated that she had spoken with Mr. Michael Merritt, previous Town Engineer, regarding the Rotary Club’s intention to sell this property to People, Inc. Mrs. Biryla stated that Mr. Merritt recalled that the Southwestern Boulevard lots were always to be sold and were not to be a part of the golf course. He further told Mrs. Biryla that maps exist with documentation to support this fact. Mr. Greenan stated that the Rotary Club’s intention had always been to place this land for sale or have it used for some other auxiliary use. Mr. Greenan further told the members that the Rotary Club feels that the proposed People, Inc. project is a necessary service and a compliment to the golf course project.
Mr. Bodden confirmed with Mr. Greenan that the funds gained from the sale of the property would be earmarked for the golf course’s development.
Mr. Bernard asked the petitioner to advise what additional property located on Southwestern Boulevard could be sold. Mr. Greenan explained the layout for the proposed golf course to the members and described to the members another open area that is not part of the golf course, noting that it could be placed for sale in the future.
The Chairman asked Ms. Bos to describe the process of how she researched locations in the Town of Orchard Park for this proposed project. Ms. Bos explained that she had initially begun her search in the summer of 2000, met with the Town’s Planning Coordinator and entered into a contract with the Rotary Club during 2001 - 2002.
Mr. Bernard verified with the petitioner that a revised lighting plan, showing full cut off lenses will be used, that the facility will have 49 units with one additional unit for the care taker and that the chiller will be screened and located on the southeast corner of the site.
Mr. McGuire thanked the petitioners for their cooperation, noting that a revised plan was received on 5/06/03. The plan for the parking lot
layout is now such that parking near the two closest residences will not occur. Mr. McGuire further noted that the petitioner made an effort to
meet the town requirements regarding the lighting plan that was submitted.
Mr. Murray stated that he believes that this is a fine project and facility. However, he asked Mr. Greenan if the Rotary Club’s long standing intent to be able to subdivide and sell parcels bordering Southwestern Boulevard was reflected on the original site plan that had been approved by the Planning Board. He also asked Mr. Greenan if he feels that he has a current approved site plan, as the site plan initially approved does not indicate any future subdividing. Mr. Greenan stated that the site plan approval requirements were met at that time. (An addendum is attached consisting of two pages containing the exact conversation that occurred in this questioning)
Mr. Bodden made a motion, seconded by Mrs. Biryla, to recommend the Town Board APPROVE the requested rezoning from R-3 Special Exception Use to R-3 Senior Residential based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF, Parts 1 and 2 and a negative declaration shall be 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 preliminary development plans, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
4. This recommendation is based on a 50 unit, two-story structure with the architectural features presented on the rendering submitted on 4/22/03.
5. The lighting plan shall be in compliance with the 5/6/03 submission and utilize full cut-off fixtures.
6. A minimum 35’ wide landscaped buffer shall be developed based on the 3/28/03 plan along the west lot line with a minimum number of parking spaces, per the 5/5/03 site plan.
7. The building chilling unit shall be screened and located on the building’s southeast corner.
8. The West Seneca Rotary Foundation shall submit a revised golf course plan detailing the removal of the 4.13-acre site from the plan.
ON THE QUESTION:
Mr. Bernard discussed having condition #6 include the planting of pine and spruce trees 8 to 10 feet in height. A discussion among the members, along with consultation provided by Attorney Michael Wolf, concluded with Mr. Bernard’s addition not being included in condition #6.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA NAY
MURRAY AYE
THE VOTE ON THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS HEREBY APPROVED.
4. P.B. File #4-03, Lowe’s Home Improvement Warehouse, 3195 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct a 134,563 sq.ft. retail building and a 27,099 sq.ft. garden center on the former K-Mart site. Town Board referred to Planning Board on 4/2/2003.
APPEARANCE: Mr. Jerry Goldman, Attorney
Mr. Mark Costich, Project Engineer
Mr. Brent Edmiston, Lowe’s Project Manager
Mr. Dean Collins, FRA Engineering, Traffic Consultant
Mr. David Wiedemer, Architect, DeWolf Partnership
The Chairman told the petitioners that the Board supports the idea of this project to use vacant retail space. However, the Board does have a number of issues that need to be discussed to ensure that this is the best project possible, by having the project design and appearance be such that it will make the people of Orchard Park proud. It was noted that a meeting with Planning Board member Biryla and the Lowe’s representatives regarding the design of the building had taken place prior
to tonight’s meeting. The Chairman asked Mr. Goldman to update the members regarding the proposed project.
Mr. Goldman stated that Lowe’s kept in mind the uniqueness of Orchard Park and he presented a color elevation plan for the members to review. He further told the members that achieving architectural consistency with the existing plaza and not presenting the appearance of a “big box” were kept in mind. To accomplish this, alterations were made to the
Lowe’s prototype colors and building materials. In addition, the building design includes an indoor lumber yard canopy, an office and general area that bump out from the front of the building. The meeting with Mrs. Biryla improved aspects of the building design that include a cornice around the top of the building, as well as pilasters.
Mr. David Wiedemer further explained the proposed project to the members, establishing that earth-tone colors, beige in scheme, will be used with a brick base 4’ high x 16’ long, incorporated with concrete block. The facade will be broken up with pilasters that will be a darker beige with a darker brick base. In addition, 250 feet of the 500-foot building frontage will be offset from the building by twenty-five feet. This area houses offices, restrooms and class training rooms. A canopy will cover the entries and exits, which will project out from the building. Cornices will be located on the front side facade and along the lumberyard side. Split face block will be used above the brick to add a texture to the front façade. A two-foot high parapet, which will serve to hide equipment on the rooftop, will encircle the entire building and the dumpster will be enclosed with brick on three sides with a gate.
Mrs. Biryla noted that at the recent meeting with the petitioners she expressed her desire to have a mansard style roof incorporated into the proposed design, as two of the rooftops at the Top’s Plaza have this style. Mrs. Biryla also told the petitioners that if this were not possible, she would like the petitioner to incorporate a cornice similar to the existing one at the Top’s Plaza. She further noted that the proposed plan reflects this requested cornice, along with several other suggestions that she had made.
Mr. Edmiston explained to the members that Lowe’s uses a proven building design to ensure a safe, customer friendly store. A discussion regarding the brick color concluded with the petitioner presenting to the members a board containing samples of the brick chosen for this project, known as “Cedar Wood”. Mr. Edmiston stated that “Cedar Wood” has shades that will blend with the beige tones being used in the proposed project. He further noted that accent brick will be added to the pilasters.
Mrs. Biryla noted that compromise was essential in this project between the petitioner and the Town. She feels that the proposed plan is adequate, in terms of architecture and aesthetics. However, she further
noted that she is not completely happy, but is willing to settle for the way the plans have been improved as the project does make good use of now abandoned retail space.
Mr. Goldman told the members that Lowe’s is purchasing this property from Benderson (approximately 16.5 acres) solely for the Lowe’s Home Improvement store. Lowe’s plans include no outparcels. Mr. Goldman further stated that Lowe’s is in the home improvement business, not the
real estate business. Mr. Goldman further stated that Benderson has
provided Lowe’s with an overall plan that incorporates how Lowe’s will interplay with what Benderson intends to do in the future. Mr. Goldman noted that one aspect that will involve Lowe’s is a parcel of land on Southwestern Boulevard (approximately 19 acres) that Benderson has retained. It is understood that Benderson’s intention is to create an outparcel at that location, which will require separate site plan review. Mr. Goldman stated that there is no access to Southwestern Boulevard proposed for this outparcel. It is Benderson’s intention to have a cross access agreement that will allow access to be obtained through the proposed curb cut located at the north end of the Lowe’s property along Southwestern Boulevard. Mr. Goldman further told the members that a Traffic Study has been submitted to the D.O.T. The D.O.T. review concluded that they are willing to grant approval for the curb cut, with minor modifications relative to design elements, such as sidewalks, drainage improvements and some alteration of internal circulation elements near the proposed curb cut. Mr. Goldman further indicated on the site plan where two existing curb cuts will be eliminated and the placement of a new curb cut will be installed, noting that this will provide some traffic benefits.
Mr. Collins explained the proposed traffic flow plan to the members, noting the following revisions required by the D.O.T.:
1. The driveway shall be de-emphasized and limited to one entry lane
and one exiting lane about 30 ft. wide.
2. The sidewalks shall be extended down to the property line and into the site.
3. The current open drainage shall be closed and curbs installed.
4. A reconfiguration of the entryway shall be made to enable an easier route if a motorist wishes to enter the other section of the plaza.
The petitioners submitted a fax from the D.O.T. that contains a sketch of what the D.O.T. will require. It is felt that this design will align driveways and handle the traffic flow more efficiently.
It was established that deliveries for the store will be during operating hours. At the present time, the typical operating hours are from 6 a.m. to 10 p.m. It was also noted that noise from the Lowe’s store will not be of consequence to the area. Mr. Bernard discussed his desire to have striping to delineate the left turning lane into Lowe’s and the petitioner stated that this will be reviewed with the D.O.T.
Mr. McGuire asked the petitioner if Benderson will commit to not asking for a curb cut for the approximately nineteen acre parcel of land it has retained for an outparcel. Mr. Larry Fineberg, a Benderson representative who was present, submitted a letter dated May 15th, 2003 from Mr. Richard Franco stating that Benderson Development would not be making an application for a curb cut for this future outparcel.
Mr. McGuire discussed the lighting plan, noting that the petitioners had reduced their original submission by 400% in order to have a plan that would work well with our Town.
Mr. Bernard told the petitioner that he has concerns about the noise that will be emitted from the outside generator unit and the effect it will have on the residents to the south of the plaza. Although the generator will be screened, Mr. Bernard does not believe it will be screened for sound and he requests that the petitioners install a low level noise model and provide information on the unit to the members. Testing for the unit is once a week, and the petitioners stated that they would agree to have the testing performed during a time set by the Board.
A discussion regarding fire protection concluded with Mr. Edmiston noting that the fire protection drawing will be submitted at the time of the application for the building permit. It was learned that sprinklers will be used throughout the entire building area and an auxiliary tank will exist on the property.
The parking figures for the plaza were discussed and Mr. Goldman stated that the following information had been supplied to him by the Town of Orchard Park Planning Department. The current overall plaza parking total is 1,312. With the addition of the Wendys development the total parking spaces will be increased to 1,323. Lowe’s would provide additional 714 spaces, while there would be a reduction of 393 spaces that currently exist in the K-mart field. Therefore, the plaza including Wendys/Tim Horton’s and Lowe’s would have 1,644 parking spaces, while the requirement for the entire plaza would be 1,508. The building inspector did not require that the garden center be included when calculating the number of required parking spaces for the Lowe’s store.
Mr. Goldman noted that if this were included, Lowe’s still would be in compliance.
With regard to the SEQR information presented, it was verified that 11,000 gallons of chemicals will be stored at this location. Mr. Edmiston told the members that Lowe’s will be submitting a HAZMAT list at the time of the building and permitting process.
Mr. Goldman told the members that the letter of intent for the project also included a section regarding signage. Benderson Development had
written a letter to the Town indicating that they will allow Lowe’s to take the place of “K-Mart” on the panels of the existing two free standing off- premises signs. Mr. Goldman requested that the Planning Board act in this matter, as their recommendation to the Town Board will be needed to allow Lowe’s to locate their signs on the off premises site.
Mrs. Biryla made a motion, seconded by Mr. Bodden, to recommend that the Town Board AUTHORIZE a Building Permit for a 134,563 square foot building and a 27,099 sq.ft. garden center and APPROVE the site plan received 4/24/2003 based on the following conditions and stipulations:
1. This is an Type I SEQR action and a Negative Declaration is recommended based on the submitted Long EAF, Parts One, Two and Three.
2. A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 26% green space.
3. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. This plan is denoted as “K” and was submitted on 5/14/03.
4. No outside storage or display is permitted.
5. Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
6. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in the Conservation Board minutes.
7. All understandings, covenants and agreements that are part of the written and taped record are incorporated as conditions of approval.
8. The plans are approved per the architectural rendering received 5/14/03 and have been signed by Mrs. Biryla to authenticate them.
9. The approval is also based on the outcome of the variances that have been applied for with the Zoning Board of Appeals.
10. The generator shall be a lower noise level type and be tested once a week at a reasonable hour.
11. The long EAF shall be revised by the petitioner to reflect an accurate account of planned chemical storage.
12. The site layout sketch from the D.O.T. shall be reviewed and have engineering approval.
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 Chairman Fabinsky, to recommend that the Town Board APPROVE two off premises signs for Lowe’s to replace the previous K-Mart identification on the Benderson Plaza signs
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.
5. 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. Tabled by the Planning Board on 3/12/2003 and 4/9/2003.
APPEARANCE: Lou Terragnoli, Director of Real Estate
Timothy Zuber, Sear Brown
Ralph Lorigo, Benderson Development
Mr. Terragnoli told the members that the information requested by the Board had been addressed and a new photometrics plan was submitted for their review. In addition, Mr. Terragnoli presented a revised architectural elevation.
Mr. Bernard had the petitioner indicate on the revised site plan where the queuing line will be for both restaurants, under a “worst case” scenario. Mr. Bernard also noted that an error existed on a drawing of the plaza site plan with regards to one light pole that was never installed, noting that this could be accounted for on the petitioner’s plan. He further noted that the wall packs will be architecturally styled and he reconfirmed with the petitioner the signage requirements for the project.
The Chairman verified that the handicapped parking was sufficient. It was further determined that if a franchisee wanted to have canopies implemented at this site, the franchisee would need Planning Board approval. The petitioner stated he agrees to this stipulation.
Mr. Bernard made a motion, seconded by Chairman Fabinsky, to recommend that the Town Board AUTHORIZE a Building Permit for a 5,427 square foot restaurant building and APPROVE the site plan received 4/30/2003 based on the following conditions and stipulations:
1. This is an Unlisted SEQR action and, based on the certification of findings to approve issued by the Town Board on June 20th, 2001, no determination of significance is required.
2. A Landscape Completion Bond in accordance with the Conservation Board minutes shall be provided for the approved Landscape Plan which includes 20.1% green space in the Tops Plaza.
3. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. The additional single head 400-watt fixture on the west side of the property is in replacement for one of the double head fixtures not installed on the north west corner of the fueling station. This double fixture shall not be installed.
4. No outside storage or display is permitted.
5. Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
6. Town Engineering approval has been granted as of 4/30/03.
7. The architectural features and finish shall be in accordance with the building exterior elevations received on 5/8/2003. This includes six building face signs, which shall be accordance with Section 14-38A of the Town Code.
8. All approvals are contingent upon approval of Conservation Board recommendation as indicated in Conservation Board minutes.
9. All understandings, covenants and agreements that are part of the written and taped record are incorporated as conditions of approval.
10. All canopies or signs other than those indicated on the submitted site plan will require approval by the Planning Board.
11. The plan was signed and dated to authenticate it.
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 Chairman Fabinsky, to GRANT the sign permit request based on the submitted plans dated 4/30/03, and the following conditions:
1. This is a Type 2 SEQR action.
2. Sixteen (16) non-advertisement or logo signs are approved and permitted by Section 144-38H. Five (5) drive thru menu signs as follows:
(1) Tim Hortons preview sign, 2’-11” wide by 7’-6” high.
(1) Tim Hortons menu sign, 59” wide x 81” high with an overall height of 98”.
(1) Tim Hortons speaker sign, 1’ – 11” wide x 3’-4” high.
(1) Wendys Menu, 9’-2” wide x 4’-7” high with an overall height of 5’- 7”.
(1) Wendy’s speaker board, 8” wide x 46” high.