Minutes of the December 8, 2004 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Lorraine Biryla, Chairman
Paul Bodden
Harold Fabinsky
Michael McGuire
Philip Murray
EXCUSED: John Bernard
William McNamara
Eugene Majchrzak, Alternate
Michael Wolf, Deputy Town Attorney
OTHERS PRESENT: Andrew Geist, Supervising Building Inspector
Thomas Ostrander, 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 November 10, 2004 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made the following correction to the minutes: Page 6, last paragraph, first sentence reading “the Chairman polled the Board and it was found that the members did not have objections to the project.” Mr. Murray would like it to read, “…the members did not have objections to considering the project”.
Mr. Murray made a motion, seconded by Mr. Fabinsky, to ACCEPT the minutes of the November 10, 2004 meeting as corrected.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 7:30 P.M., Public Hearing, P. B. Sub. File # 27-88, proposed Chestnut Ridge Village, Parts 6, 7 and 8, Vacant land as an extension of Breezewood Drive and Arrowhead Lane, Zoned R-2. Requesting Final Approval of a 101-lot subdivision. Preliminary Approval granted by the Planning Board on 3/8/89.
APPEARANCE: Mr. Glen Cooley, E & M Engineering
Mr. Gene Jason, Part Owner
The Chairman called the Public Hearing to order.
IN FAVOR:
Mr. Eugene Jason, Part Owner
Chestnut Ridge Village, LLC
6495 Transit Road
Bowmansville, NY 14026
Mr. Jason stated that he is in favor of the project.
Mr. Phillip Nanula, Essex Builders
8940 Main Street
Clarence, NY 14031
Mr. Nanula stated that he is in favor of the project.
Mr. Gary Johnson, Part Owner
Chestnut Ridge Village, LLC
6495 Transit Road
Bowmansville, NY 14026
Mr. Johnson stated that he is in favor of the project.
Mr. Gary Szymanski, Essex Builders
8940 Main Street
Clarence, NY 14031
Mr. Szymanski stated that he is in favor of the project.
AGAINST:
Mr. Thomas Stoyle
23 Symphony Circle
Orchard Park, NY 14127
Mr. Stoyle noted that he does not oppose the project. However, he expressed his concerns regarding this subdivision. He wanted to know why a 1999 “Citizen” newspaper clipping that he presented to the Board depicting the Chestnut Ridge Subdivision did not show Arrowood Lane. Mr. Stoyle was told that what is published cannot always be considered accurate. It was also established that in 1989 the required setback requirements were less than what is presently required. The proposed subdivision was approved per the 1989 requirements and is grandfathered. Mr. Stoyle also discussed his desire to have the construction vehicles enter the project site via Ashwood Lane, and not Breezewood, during the development of the subdivision. The Chairman explained that the Board couldn’t legally demand that the developer use Breezewood Lane, which is a public road. However she did suggest that the developer ask the New York State Department of Transportation if a construction road could be developed through Armor Duells Road.
Mr. Curt Simonsen
2 Symphony Circle
Orchard Park, NY 14127
Mr. Simonsen stated that he is against the proposed project. He discussed having Phase 6 developed first. However, the Chairman stated that the applicants could develop the subdivision in the way that they choose to. Generally, it is based on what is most cost effective and market demands.
Mr. Paul Kapaun
18 Symphony Circle
Orchard Park, NY 14127
Mr. Kapaun is against the proposed project and does not want it built adjacent to his home.
The Chairman asked the applicants if they would be willing to have their construction vehicles entering via Ashwood Lane and not Breezewood during the development of the subdivision. Mr. Jason noted that he would consider this, but that he could not guarantee the request. Mr. Szymanski also stated that Essex Homes would consider this request.
Mr. Ostrander stated that he would like the applicants to pursue requesting that the State allow a construction road through Armor Duells Road to the subdivision during its development and to have the applicants send confirmation of this request. The Chairman noted that the developer has agreed to make this request. Mr. Ostrander further stated that the detention and retention basins for the subdivision are located in the area of the Phase 6 development.
These two items must be initially engineered and therefore, Phase 6 will be constructed first.
The Chairman discussed the fact that as of this date, the applicants had not purchased the Hoyler property. Although a copy of a “contract to purchase” had been provided to them, the Board determined that they would not be able to act on the applicant’s request without proof of ownership.
A MOTION was made by Mr. Fabinsky, seconded by Mr. Murray, to ADJOURN the public hearing.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED TO ADJOURN.
2. P.B. Sub. File #34-04, Chestnut Ridge Village Hoyler Extension Subdivision, Zoned R-2. Requesting Pre-Application Findings Review of a four-lot subdivision.
APPEARANCE: Mr. Glen Cooley, E & M Engineering
Mr. Gene Jason, Part Owner
Mr. Cooley provided the members with the site plan for a 4-lot subdivision to be built upon the entire 2.111 acres that the applicants intend to purchase from Mr. Hoyler. Also included will be 0.268 acres owned by Chestnut Ridge Village, LLC for a total of 2.379 acres.
The members reviewed the plans and established that the lots will comply with the Town ordinances. Both the Chairman and Mr. Fabinsky discussed with the applicants the fact that they did not favor the proposed flag lot. The Chairman stated that flag lots are not illegal in Orchard Park. Mr. Cooley stated that the applicants believe that this is the best design that they could develop for this site. Mr. Jason noted that the Hoyler property would be a large expenditure. However, he is willing to consider combining the flag lot with the adjacent lot to the east to form one large lot. He stated that he would speak to the other owners regarding this request.
The Chairman polled the Board and it was learned that Mr. Fabinsky would not support the project as he opposes the flag lot. Other
members were willing to have the developer pursue the project and encouraged the petitioner to eliminate the flag lot.
The Chairman made a MOTION, seconded by Mr. McGuire, that the following Preapplication Findings are made based on the submitted sketch plan received 10/27/04 and the applicant has detailed:
· The total acreage is 2.379 acres.
· The desired zoning classification is R-2.
· The number of possible stages of completion is 3.
· The applicant's position with respect to title is contingent contract of sale.
1. The zoning will remain as is.
2. Access to surrounding properties has been addressed by
Breezewood Drive.
3. Recreation fees in lieu of recreation area will be provided in accordance with Section 144-70E of the Town Code and shall be paid prior to the Final Plat Plan Public Hearing.
4. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
5. One (1) Street Tree per the Conservation Board's Street Tree Plan shall be provided on each lot per Section 121-77 of the Town Code.
6. The applicant shall complete and submit the Full EAF, Parts 1 and 2 for this Unlisted SEQR action. The Planning Board will seek Lead Agency status with a coordinated review.
ON THE QUESTION:
Mr. Fabinsky stated that he would be voting in the negative. He also stated that he has concerns regarding the impact this subdivision will have on the character of the neighborhood. This concern will be reviewed during the SEQR process.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY NAY
MC GUIRE AYE
MURRAY AYE
THE MOTION BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
3. P.B. File #35-04, Developers Diversified Realty, Crossroad Center, Zoned B-2. Requesting Town Board approval of a reduction in the number of required parking spaces for a proposed restaurant in the Crossroads Center. Town Board referred to Planning Board on 12/1/04.
APPEARANCE: Mr. Jason Chwojdak, Regional Leasing Manager
Mr. Will Boukalik, Development Manager
Mr. Chwojdak presented information regarding the total available parking spaces at the Crossroads Center. He explained that there are 878 parking spaces and that this total does not include the Lowe’s or the Block Buster areas. He also presented an aerial photograph of the plaza. The Chairman discussed the fact that DDR is now the new owner of the plaza and that Benderson Development had not informed them of the parking space requirements that needed to be adhered to. She told the applicants that locating “Moe’s” at the corner of the plaza would add to the busy traffic pattern that presently exists there. The members discussed their concerns with the applicants and the following was concluded:
1. Delivery trucks that arrive to unload for the Tim Horton’s & Wendy’s must be scheduled for non-peak hours and cannot park in the traffic lane.
2. The intersection proximal to the proposed Moe’s Restaurant will be made an “all-way” stop. In addition, a “stop ahead” sign will be installed so that driver’s exiting the Tim Horton’s take out window will be alerted to the near by traffic control.
3. A review of the current layout of the parking lot will be conducted to see if a better plan can be devised to help the traffic pattern of this portion of the plaza.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden to RECOMMEND that the Town Board APPROVE a reduction of the required parking by 21 spaces for the proposed “Moe’s” restaurant located in the Crossroads Center with the contingency that the petitioner address traffic control issues in the area and that those
measures be approved by the Town Engineering Department.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY NAY
THE MOTION BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
4. P.B. File #12-04, Boston Valley Terra Cotta, 6860 South Abbott Road, Zoned A-1. Requesting a Building Permit to construct a 1,980 sq. ft. glazing addition, a 20,000 sq. ft. production building and a new office building, loading dock and shipping area. Town Board referred to Planning Board on 3/17/04.
APPEARANCE: Mr. Tim Gawenus, Wm. Schutt & Associates
Mr. John Krause, President – Boston Valley Terra Cotta
Mr. Gawenus presented plans for the Phase 3 expansion of the existing facility. Plans include the construction of an addition to be used for a glazing facility, a loading dock, a new road for safety access, a 5,4000 sq. ft. office building and a new parking area. Two existing structures will be demolished. The County has granted approval for a new septic system and all Engineering and Fire Inspector issues have been resolved.
The Chairman confirmed with Mr. Gawenus that the applicant will go before the Zoning Board of Appeals on 12/21/04 and request three (3) variances be granted. First, to extend a non-conforming use for an addition to an existing structure. This area is zoned agricultural and has had previous use variances granted. Second, the 10% lot coverage will be exceeded with the planned expansion. Third, to seek a rear setback of 17.7’. Mr. Gawenus also told the members that a timing issue exists, as equipment was purchased and the proposed new building is needed to store it.
The Chairman established that 16 – 20 new jobs will be created and that the parking spaces being provided are more than adequate.
Mr. Fabinsky established that 85.1% green space will exist and that a total of 43 acres are owned by the applicant. He also noted that this business is an asset to our Town.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to RECOMMEND that the Town Board AUTHORIZE a Building Permit for a 1,980 sq. ft. glazing addition, a 20,000 sq. ft. production building and a new office building, loading dock and shipping area and APPROVE the
site plan received 12/2/04 based on the following conditions and stipulations:
2. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.
3. No outside storage or display is permitted.
4. Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
5. Town Engineering Approval will be granted upon receiving the necessary variances from the Zoning Board of Appeals meeting being held on 12/21/04.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
There being no further business, the Chairman adjourned the meeting at
8:46 p.m.
DATED: 12/13/04 Respectfully Submitted,
REVIEWED: 12/14/04 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla
Planning Board Chairman