Minutes of the November 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
William McNamara
Phillip Murray
Eugene Majchrzak, Alternate
EXCUSED: Paul Bodden
Michael McGuire
OTHERS PRESENT: David Holland, Assistant 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 October 8, 2003 Planning Board meetings were unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Bernard to accept the minutes of the October 8, 2003 meeting.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #20-03, Charlene Rinaldo, 2924 Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of outside display.
APPEARANCE: Mrs. Charlene Rinaldo, representative
Mrs. Rinaldo represents a distributor for sheds, gazebos and children’s playhouses. She told the members that a contract has been entered into with Mr. James Bond, the owner of Orchard Parks and Gardens to display these specific items. The agreement is to lease an area of Mr. Bond’s property for a period of one-year. The members’ questions established that there would be no additional lighting or signage. Mr. McNamara discussed with Mrs. Rinaldo the fact that a time limit is usually assigned to applicants requesting outdoor display. He told Mrs. Rinaldo that applicants are required to reapply to the Planning Board on a yearly basis for review.
Mr. McNamara made a motion, seconded by Chairman Fabinsky, to GRANT
the request for outdoor display with the following conditions:
1. One (1) gazebo and one (1) shed may be on display at the front of the property. However, no playhouses are to be on display at the front of the property.
2. The Planning Board will review this case at the October 2004 meeting.
3. There is to be no additional outside lighting or external signage. A “note” (8-1/2” x 11”) posted on the inside window of a display is permitted with phone contact information for ordering.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. Sub. File #3-90, Forest Creek Subdivision, Part 2A, Vacant land, east of Stoughton Lane, Zoned R-1. Requesting Final Approval of an eight-lot subdivision. Preliminary Approval granted on 8/13/03.
APPEARANCE: Mr. Rob Pidanick, Pratt & Huth
Mr. Pidanick told the members that approvals have been received from both the Erie County Health Department and the Town of Orchard Park
Engineering Department for this project. Mr. Pidanick submitted the final plans that have received Erie County Health Department approval. Mr. Bernard verified that the final plans submitted had been received November 12, 2003.
Mr. Bernard, made a motion, seconded by Mrs. Biryla, to GRANT Conditional Final Plat Plan Approval to this 8 lot subdivision based on the submitted preliminary plat plan received 11/12/2003 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on 8/13/03.
2. A Negative SEQR determination was made on 8/13/03.
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 11/03/03.
7. Access to sub lot 6 shall be from Hampton Court only. No curb cut shall be created on Route 20A (East Quaker Road) for this sublot.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
8. P.B. Sub. File #33-98, proposed Knoche Farms Estates Subdivision, Vacant land, north side of Milestrip Road, west of Transit Road, Zoned R-2. Planning Board to schedule Scoping Session. Positive SEQR determination made by the Planning Board on 10/8/03.
APPEARANCE: Mr. Rob Pidanick, Pratt & Huth Associates
Mr. Andrew Leja, Attorney
Mr. Bernard discussed the submitted draft scope and asked the applicants to verify where the Board could locate information covering the wet and dry pond areas in the D.E.I.S. that will be submitted. The applicants stated that the information Mr. Bernard is inquiring about would be covered in the
section noted as “Storm Water”. Mr. Bernard also asked about the letter from the County regarding the sewer tie-in for the project. The applicants stated that this would be covered in the section noted as “Public Utilities and Infrastructure”.
The Chairman asked Mr. Mistretta to review what is required in terms of the sewer arrangement between the County and the Town of Orchard Park and to advise the Planning Board of his findings.
A discussion of the SEQR requirements that regulate the scheduling of the scoping session concluded with the Board asking the applicants to waive the required time line that is dictated in order for the Board to hire a consultant and to not have the upcoming holidays interfere with the process of the scoping. The applicants agreed to hold the scoping session on January 5, 2004. It is further agreed to have the final written scope presented at the January 14, 2004 meeting.
Mr. Bernard made a motion, seconded by Chairman Fabinsky to schedule the scoping session for January 5, 2004 at 7:00 p.m.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
9. P.B. File #8-03, Bryant & Stratton, 5.68 acres of vacant land in Sterling Park, Zoned I-1. Requesting Planning Board approval of proposed lighting and revised elevations. Town Board granted site plan approval on 6/18/03.
APPEARANCE: Steve Carmina, Architect
Alan Dewart, Bryant & Stratton
Mr. Bernard stated that he has reviewed the lighting plan and requests that the applicants install light type “D” with shields.
Mrs. Biryla stated that she is pleased with the revised elevation. She told the applicants that their effort to locate their project in Orchard Park is appreciated. She and Mr. Dewart signed and dated the elevation presented for the permanent record.
Mrs. Biryla made a motion, seconded by Mr. Bernard, to ACCEPT the proposed lighting plan and the revised elevation plan presented with the following condition:
1. The lighting plan is to be corrected to show that light type “D” is to be installed with shields.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
10. 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 and 9/10/03.
APPEARANCE: Doug Bennett, TVGA
Connie Lydon, Landscape Architect
Walter Schmidt, developer
The Chairman established with Mrs. Lydon that the landscaping facing the road is to include Norway Spruce trees to create a more effective buffer.
Mr. Murray stated that he struggled over the last several months with not being able to come to a conclusion with the particular SEQR information given in Part II of the Environmental Assessment Form, regarding the traffic impact on the area. The traffic impact is recorded as being both “significant” and “not significant”. Mr. Murray stated that he feels that this discrepancy leaves him unable to decide if there will be a change in the character of the neighborhood or not.
Mr. Bennett told the members that two traffic studies had been performed. Sixteen (16) additional vehicle trips will result if the project is approved. It is not anticipated that this additional number of vehicles will create an impact on the area. He further told the members that a traffic signal has been installed to alleviate the existing traffic problems. Mr. McNamara confirmed that “peak” hours are considered to be between 7:45 a.m. and 8:45 a.m., as well as 4 p.m. to 5 p.m. Mr. Murray asked Mr. Bennett to explain the analysis that had been used to arrive at the conclusion that the additional traffic from the project would have no impact on the area. Mr. Bennett
discussed how this was carried out, but it did not alleviate Mr. Murray’s quandary and he chose to end his questions.
Mr. Bernard confirmed with Mr. Bennett that the site plan presented had been adjusted to reflect the concerns expressed by the Board during its prior review of the proposed plan. The changes noted were as follows; the road line had been changed to be less linear, the garages shown are now depicted on the plan as being side-loading, there are 61 feet between each unit and the rear yard setback is now shown.
Mr. Bernard noted that the tree count is decreased on the proposed landscaping plan. Mrs. Lydon reviewed and explained the landscaping plan noting that it has been revised to have layers obstruct the view of the townhouses from the area residents throughout the change of the seasons. She further told the members that the pond has been moved so that it will not affect the tree line. Mrs. Lydon stated that the plans presented depict trees at their five-year growth level.
Mr. Bernard verified that the applicant is proposing 48 townhouse units, versus the 26 single-family homes that would be allowed under current zoning. Mr. Bennett noted studies performed conclude that the proposed townhouse project will have less impact on schools. It was also established that the 10-acre property to the north is mostly wetlands. Mr. Schmidt stated that he did not feel that the 10-acre property would be developed because of the wetlands. Mrs. Biryla stated that this area would be treated with care, as she would not want a situation to arise in the future that would create a detriment to the community, such as sinking houses.
Mrs. Biryla stated that she finds the revised plan more attractive. She feels this is a good project and that there is a need for it.
Chairman Fabinsky asked Mr. Bennett to explain how the proposed townhouse project would impact the properties located to the north. The applicants reviewed the site plan with the members and stated that they did not feel there would be any impact on these neighbors. Mr. Schmidt noted that if someone could arrange a purchase of parts of these neighboring properties it might be possible to have this type of project continue on, down California Road.
Mrs. Biryla made a motion, seconded by Mr. McNamara to APPROVE the requested Special Exception Use Permit 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.
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 48 unit townhouse 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.
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.
ON THE QUESTION:
The Chairman stated that he feels there is a need for this project and he told the applicants that it is very well done. However, if it were to be located on the other side of Big Tree Road he would have no reluctance in supporting it. While the change in the zoning being proposed is subtle, the change and impact to the neighborhood is large. The Chairman believes that the change in zoning will create a domino effect that will greatly change the character of the neighborhood. He appreciates the applicant’s right to develop the property, but equally notes that if his house had townhouses built around it, it would no longer be his home. He therefore cannot support this project.
Mr. Bennett stated that he would like to have full Board membership present for the vote on their request.
Mrs. Biryla stated that she RECINDS her motion, with Mr. McNamara agreeing.
Mr. Bernard made a motion, seconded by Chairman Fabinsky, to TABLE this case until the next meeting in order for the applicant to have the benefit of a full Board vote.
ON THE QUESTION:
Mr. Bernard would like the applicants to provide information regarding the compatibility of the proposed project with the adjacent land uses in the area.
There being no further business, the Chairman adjourned the meeting at 9:05 p.m.
DATED: 11/17/03 Respectfully Submitted,
REVIEWED: 12/03/03 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky
Planning Board Chairman