Minutes of the October 8, 2003meeting 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
Paul Bodden
Eugene Majchrzak, Alternate
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 August 27th and September 10th, 2003 Planning Board meetings were unanimously waived as each Board Member had previously received copies.
Mr. Bernard noted the following additions to the August 27th minutes:
Page 4, item #8, insert a comma so the sentence will read, “… public access to a developer-installed trail as indicated on the site plan, prior to the issuance of the first building permit”.
Page 4, item 10, insert the word “enclosure” so the sentence reads, “The architectural style of the clubhouse, garbage compactor enclosure and apartment buildings shall be per the photograph labeled “#1”, which has been reviewed and approved by the Planning Board and which was signed by Lorraine Biryla and David Riedman on 7/16/03.”
Mr. Bernard made a motion, seconded by Mr. Bodden to accept the minutes of the August 27, 2003 meeting as amended.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bernard noted the following change to the September 10th minutes:
Page 2, paragraph 7, Mr. Bernard’s description of the trees shall be changed from “rogue” to “undisturbed healthy trees”.
Mr. Murray made a motion, seconded by Mr. McGuire to accept the minutes of the September 10, 2003 meeting as amended.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE 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.
The Chairman verified that the applicant was not present.
Mr. Bernard made a motion, seconded by Mr. Bodden to TABLE this case.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
2. P.B. File #21-03, NVR/Ryan Homes of Buffalo, NY, Barrington Heights Subdivision, south side of Milestrip Road, Zoned R-1. Requesting Planning Board approval of a permanent subdivision identification sign.
APPEARANCE: Mr. Christopher Flejtuch, Quality Quick Signs
Mr. Zani Patasin, NVR/Ryan Homes representative
Mr. Holland discussed and confirmed the sign requirements for the members.
The members discussed the fact that long-term sign maintenance is an issue if the sign is located on an individual homeowner’s property. They did not feel it is reasonable to expect a homeowner to maintain the sign, citing various reasons. The Chairman told Mr. Flejtuch that good intentions sometimes wither over a period of years. The applicant noted that a sense of community and pride are created with the sign. He told the members that it might be possible to agree to remove the sign when the model house is sold and then repair the landscaping.
Mr. Bernard discussed the construction details of the sign with Mr. Flejtuch.
Mr. Bodden would like the applicant to provide a rendering of the sign, showing its location on the potential homeowner’s property, with landscaping.
Mr. McNamara likes the idea of the applicant removing the sign when the model is sold.
Mr. Patasin confirmed that NVR would be willing to removing the sign when the model home is sold.
Mr. Bernard made a motion, seconded by Mr. McNamara, to GRANT the sign permit requested based on the submitted plans dated 9/19/03 and the following conditions:
1. This is a Type 2 SEQR action.
2. One (1) temporary sign is approved.
3. The sign is to be removed upon the NVR/Ryan Homes vacating the property.
4. The overall sign structure is 84” in length and 4’ in height.
5. The sign will not be illuminated.
6. The sign location is per the plan dated 9/19/03.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MURRAY NAY
MC NAMARA AYE
THE MOTION BEING SIX (6) IN FAVOR, AND ONE (1) AGAINST, THE MOTION IS APPROVED.
3. P.B. Sub. File #38-98, Eagle Heights Subdivision, Part 8, Vacant land, south of Redbrick Road and Hearthstone Terrace, Zoned R-1. Requesting that the Planning Board authorize the Chairman to schedule a Public Hearing for Final Approval, when appropriate, of a 78-lot subdivision. Preliminary Approval was granted by the Planning Board on 7/9/03.
APPEARANCE: Mr. Sean Hopkins, Attorney
Mr. Rob Pidanick, Pratt & Huth Assoc., LLP
Mr. Bodden verified with the applicants that there have been no changes to the project to report or present.
Mr. McNamara confirmed that there are three flag lots in the subdivision.
Mr. Hopkins noted the maximum number of lots that exist for the subdivision. The remaining portion of the project site could have a deed restriction to assure that this will be the maximum number of lots that can be there.
Mr. Bernard verified that parkland would be dedicated to the Town from this subdivision. In response to Mr. Bernard’s questions regarding details be of the islands, landscaping, the vegetation and the retention area, Mr. Pidanick stated that these plans are in the process of being developed in coordination with the Engineering Department review.
Pending the issuance of final plot plan approval, Mr. Hopkins asked that the Board give consideration to allow selective clearing only for infrastructure. Chairman Fabinsky stated that he would not support this, as it would be inappropriate to begin to execute an unapproved plan.
Mr. Bodden made a motion, seconded by Mr. McNamara, to AUTHORIZE the Chairman to schedule a public hearing when appropriate.
ON THE QUESTION:
Mr. Bernard asked when the Board would know if there will be street lighting. Mr. Pidanick stated that in accordance with the Town ordinance, plans have been submitted to New York State Electric & Gas for a street lighting layout.
The final plans submitted to the Town Engineering Department will include the street lighting plan. Mr. Pidanick noted that a request to waive the street light requirement would be made to the Town Board.
Mrs. Biryla stated that she feels that street lighting should exist in this subdivision for the safety of the neighborhood children.
Mr. Bernard stated that he agreed with Mrs. Biryla.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. Sub. File #27-88, proposed Chestnut Ridge Village, Phases 6, 7 and 8, Vacant land as an extension of Arrowhead Drive and Breezewood Drive, Zoned R-2. Requesting that the Planning Board authorize the Chairman to schedule a Public Hearing for Final Approval, when appropriate, of a 99-lot extension of the Chestnut Ridge Village subdivision. Preliminary Approval was granted by the Planning Board on 3/08/89. Tabled by the Planning Board on 9/10/03.
APPEARANCE: Gene Jason, Developer
Glenn Cooley, Engineer
Mr. Bernard reviewed and verified on the site plan the location to be developed for Parts VI &VII. He stated that he would review the clearing plan that had been submitted to the members. Mr. Bernard noted that there are still unresolved Engineering issues remaining. The exception parcel was discussed. Mr. Jason noted that upon final approval of the project, the parcel would be purchased from Mr. Hoyler. It was further established that the plan presented did not have the correct frontage required with regard to the Hoyler property. Mr. Holland confirmed that the required frontage is 110’. Mr. Jason noted that the correct frontage would be incorporated on the final plans.
Mr. Murray asked if there are any wetlands located at the site that still need to be identified. Mr. Cooley stated that the wetlands have been previously mitigated. All wetlands had been located on the southern side of the site. There are no wetlands located on these three phases.
Mrs. Biryla discussed where the wetland mitigation took place with Mr. Cooley. Mr. Cooley told the members that transference took place within the Town of Orchard Park and the Town of Conewango.
The Chairman noted that the overlay presented is difficult for the members to see. Mr. Cooley stated that he would re-submit this using acetate sheets.
Mr. Bernard made a motion, seconded by Mrs. Biryla, to AUTHORIZE the Chairman to schedule a public hearing when all fees and appropriate approvals have been received such as the development form signed by the Town Engineer and verification of all wetlands mitigation issues.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P.B. Sub. File #13-00, proposed Broxton Heath Subdivision, Vacant land, south side of Powers Road, east of Candy Lane, Zoned R-2. Requesting that the Planning Board authorize the Chairman to schedule a Public Hearing for Preliminary Approval of a five-lot subdivision when appropriate. Pre-Application Findings made on 5/14/03. Tabled by the Planning Board on 9/10/03.
APPEARANCE: Mrs. Patricia Bittar, William Schutt & Associates
Richard Brox, Owner/Developer
Mr. McNamara verified with Mrs. Bittar that septic system approval for the proposed lots is still being discussed with the Town Engineering Department. She further told the members that the County Health Department reviews septic systems on a case by case basis when a property exceeds 5 acres because it is not considered part of a subdivision.
Mr. Murray confirmed with Mrs. Bittar that no further information is being submitted and that .06 of the wetland areas would be disturbed.
Mr. Bernard noted that an updated letter from the State Office of Parks, Recreation and Historic Preservation had been sent stating that no concerns exist with the project site. He further discussed the site distance information that was submitted. Mr. Bernard questioned how accurate the dimension
reported was and what type of tolerance this was. Mrs. Bittar explained that the State D.O.T minimum requirements have been met based on an actual survey, per the D.O.T. codebook. Mr. Bernard asked Mr. Mistretta if there are Engineering Department concerns existing with this project. Mr. Mistretta stated that correspondence had been issued, today, citing drainage and pond maintenance concerns and that the County has a traffic issue.
The Chairman verified that the pond will be owned by the property owner and not require the Town maintenance.
Mr. Bodden established that the pond is approximately 1 acre, and is man made. Mr. Brox further explained that the Town owns an easement to the spillway. The maintenance of the pond will be the owner’s choice.
Mr. McNamara made a motion, seconded by Mr. Bernard, to AUTHORIZE the Chairman to schedule a public hearing for Preliminary Approval, contingent upon Town Engineering Department approval of the outstanding issues and pending payment of all fees.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. 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. Requesting SEQR determination of a 97-lot subdivision. Pre-Application Findings Review made on 7/08/98 and 3/10/99. Tabled by the Planning Board on 7/9/03.
APPEARANCE: Rob Pidanick, Pratt & Huth
Andrew Leja, Hiscock & Barclay, LLP
Mr. Leja gave a brief history of the meetings that had taken place over the last year. He told the members that he is now requesting that the Board issue a positive declaration in order to address everyone’s concern with the proposed project.
Mrs. Biryla told the applicants that a scoping session might determine that besides the ground water, there might be other significant concerns that the members will have with this project. When these other issues become known, Mr. Leja asked that the members advise the applicants as they have
already begun the process of the full E.I.S.
The Chairman noted that the Engineering Department had issued a memo regarding concerns with the sanitary sewer capacity. Mr. Pidanick told the members that it has previously been established that there would be sufficient sewer capacity to handle this project. He further noted that there are issues that need to be resolved between the Town of Orchard Park and the County. In response to these comments, Mr. Bernard explained how having adequate sewer capacity at this point in time does not mean this will be the case later, with future development. Mr. Bernard does not want to have the Planning Board’s decisions regarding this project eliminate future projects due to the sewer capacity. Mr. Leja stated that he would like the County and the Town to reach an agreement to prevent problems with any future development in that area.
Mr. Majchrzak discussed a correspondence that had been received from Mr. Fred Haas, dated October 3rd, requesting that the applicants install a fence between his property and the proposed project. Mr. Pidanick stated that the request for fencing is not an environmental impact issue. The Chairman agreed that the request is not necessarily a part of the SEQR process.
Mr. Murray agrees that the Board should issue a positive declaration and proceed with the scoping session as soon as the resources are aggregated for the scoping. Mr. Murray asked Attorney Michael Wolf to comment on how these resources might be aggregated and the kind of information that might be needed from the petitioner. Attorney Michael Wolf explained that under the SEQR regulations, the project sponsor is responsible for remitting, to the Town of Orchard Park a fee for up to 2% of the total costs for infrastructure involved with this project and that the applicant must also submit a draft scope. Attorney Michael Wolf explained that the 2% fee is used towards hiring a consultant to assist the Board in its review of the E.I.S., as well as with the scoping session. Attorney Michael Wolf stated that it is essential that the Board know what this figure is in order to retain the services of an expert. Mr. Leja stated that he would provide the information the Board is seeking.
Mr. McGuire noted that if the applicant could provide what has been requested within the next thirty days, the formal scoping session could be scheduled at the next Planning Board meeting. He further noted that the Board would need time to procure an expert to represent the Town and to review the information provided.
Mr. Bernard noted that he would be looking to review the draft scope. This draft scope should be based on Parts 1, 2 & 3. Mr. Bernard told the applicants that the ponds and their long-term maintenance should be addressed. In addition, the waterfowl should be discussed. The issues regarding the soil and water will be resolved by retaining the consultant.
The Chairman noted that his concerns lie with health and potential environmental pollutants. He stated that he feels that the Board does need to have an expert.
Mr. Bodden asked the applicants to submit the draft scope to the Board as soon as possible.
Mrs. Birlya made a motion, seconded by Chairman Fabinsky, to issue a POSITIVE DECLARATION with the following understanding:
1. A scoping session will be required.
2. The petitioner is directed to prepare a draft scope and to provide the Planing Board with a project cost estimate.
3. If that estimate is provided by the date of the next work session, scoping will be scheduled at the Board’s next regular meeting.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
7. P.B. File #19-03, Quaker Crossing Retail Center, Zoned I-1. Requesting approval of a revised site plan and changes to the existing parking field. Town Board referred to Planning Board on 9/3/03.
APPEARANCE: Gerry Buchheit, Jr.
Mr. Buchheit explained the changes to the existing parking field to the members by using an overlay presentation. Mr. Buchheit noted that the proposed changes would improve the traffic flow of the area. The request is being made to accommodate a potential tenant to the shopping plaza, Kohl’s Department Store.
Mr. Bernard established that the overall green space would exceed 30%.
Mr. McGuire confirmed with Mr. Buchheit that his request is to have the Board review the revised parking layout area, only. Mr. Buchheit further confirmed that no building construction is being presented to the Board or considered at this time.
Mr. Murray confirmed with Mr. Buchheit that the plans presented do not represent the final build out of the plaza. However, the plans presented are of the final parking area.
Mr. Bodden confirmed that all engineering concerns have been addressed and corrected.
Mrs. Biryla noted that she is happy with this vendor going into the plaza.
The Chairman told Mr. Buchheit that he maintains the property extremely well. He asked Mr. Buchheit what the reconfiguration of the parking lot would accomplish. Mr. Buchheit explained that there will be improved traffic flow and snow plowing.
Mr. Bernard stated that he had no problem with the proposed revised parking. He confirmed with Mr. Buchheit that the lighting will be relocated, and if it were to change from what was approved he would return to have a revised lighting plan reviewed by the Board.
Mr. McGuire made a motion, seconded by Mr. Bernard, to ACCEPT the revised site plan for the following reasons:
1. This is a Type 2 SEQR action.
2. The Board finds the dated 9/3/2003 plan acceptable.
3. The approval is for a revised parking plan, only. No future buildings are being approved.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BIRYLA AYE
BODDEN AYE
MC GUIRE AYE
MURRAY AYE
MC NAMARA AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS
1. Discussion of a potential affordable senior housing facility on the north side of Milestrip Road, east of Orchard Park Road.
APPEARANCE: Sean Hopkins, Attorney
Mr. Hopkins presented a revised plan to the members, noting that the revisions were made based on the previous comments made by the members. The members reviewed the plan with Mr. Hopkins. Comments included that there is a need to have a code developed for this type of plan. Mrs. Biryla noted that there were too many cul-de-sacs, with a road that went to “nowhere”. Mr. Murray noted that the plan had merit and flexibility. He explained that he felt that the applicants should wait for the Master Plan to be issued in order to fit and plan this project into Orchard Park.
There being no further business, the Chairman adjourned the meeting at 9:20 p.m.
DATED: 10/15/03 Respectfully Submitted,
REVIEWED: 11/03/03 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky
Planning Board Chairman