Minutes of the March 10, 2004 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Acting Chairman
John Bernard
Paul Bodden
Michael McGuire
William McNamara
Eugene Majchrzak, Alternate
EXCUSED: Lorraine Biryla, Chairman
Phillip Murray
OTHERS PRESENT: David Holland, Assistant Building Inspector
Michael Wolf, Deputy Town Attorney
Sarah desJardins, Planning Coordinator
Gregg Mistretta, Junior Engineer
The Acting 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 February 11, 2004 Planning Board meetings was unanimously waived as each Board Member had previously received copies.
A motion was made by Mr. Bodden, seconded by Mr. McGuire, to accept the minutes of the February 11, 2004 meeting as presented.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
MC GUIRE AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #1-04, Fischione Construction Co., Inc., Requesting Planning Board approval of a subdivision identification sign for Hilltowne Subdivision, east side of Murphy Road, south of Armor Duells Road. Tabled by the Planning Board on 1/14/04.
APPEARANCE: Mr. Patrick Monti, Design Supervisor
The Board had previously requested that a utility location map be provided indicating specific utility locations (i.e. water, gas) and the location of the proposed sign. Mr. Monti provided and reviewed this map with the members. Assistant Building Inspector Dave Holland and Junior Engineer Gregg Mistretta verified that the proposed sign and its location would be consistent with the Town of Orchard Park’s requirements.
Mr. Bernard stated that the Planning Board has never approved a subdivision sign containing advertising. (The proposed sign indicates the developer’s name.) Mr. Monti agreed to eliminate “established by Fischione Homes 2003” from the text of the proposed sign. He verified that the sign would not be illuminated.
Mr. Bodden made a motion, seconded by Mr. McNamara, to GRANT approval of one (1) subdivision identification sign based on the plans received 2/26/03 with the following conditions:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. One (1) sign is approved and permitted by Section 144-37C of the Town Code.
3. The subdivision identification sign measures 36” high by 60” wide with a maximum overall height of 60”.
5. The sign will be located per the approved location plan dated 2/26/03.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
MC GUIRE AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. Sub. File ##-03, proposed Barrington Heights, Part Two, Zoned R-1. Requesting Pre-Application Findings Review of an 11-lot subdivision.
The Planing Board determined that the petitioner did not need to make this request as Preapplication Findings had been made by the Planning Board on 12/14/94.
3. P.B. File #23-03, Benderson Development Co., Inc., Vacant land, east side of North Buffalo Road (across from OPCS Federal Credit Union) Zoned B-3 and R-2. Requesting rezoning to B-2 to construct two multi-tenant retail buildings and an office building. Town Board
referred to Planning Board on 11/5/03. Tabled by the Planning Board on 1/14/04.
APPEARANCE: Mr. Richard Franco, Benderson Development
The members discussed their concerns with Mr. Franco and asked questions regarding the proposed project that established the following:
1. Mr. Franco had been provided a faxed copy, earlier in the day, of a correspondence that had been received from the Department of Transportation dated 3/10/04 to the Town of Orchard Park
Planning Department.
Mr. Franco told the members that in regards to having a “fast food restaurant”, it is not the intent, nor the design of the proposed project to accommodate a fast food business. He told the members that Benderson Development desires to have a restaurant or coffee shop as their tenant. Mr. Franco noted that Benderson would respond to this concern and the other items mentioned in the correspondence. However, he did not feel that the D.O.T. requests were insurmountable.
2. Mr. Franco was made aware of the concerns of Mr. Thomas Bailey who is the nearest neighbor to the proposed project. Mr. Franco will contact Mr. Bailey and discuss his concerns and the suggestion Mr. Bailey has offered to have the drive-through located on the south side of the parcel.
3. The Public Safety Committee’s comments received March 5, 2004 were given to Mr. Franco. He stated that he would respond to these comments after having the opportunity to review them. His initial inclination is that moving the building as suggested would ruin the project and harm the neighbors.
4. The D.E.C. correspondence regarding the location of the wetlands will be addressed. It was learned that a previous wetland study had been performed that included both the proposed project property and the adjacent Bray property. Mr. Franco believes that the existing wetlands are not located on the Benderson property. He told the members that this study will be revisited and the wetlands delineated.
5. With regards to the submitted plans, Mr. Bernard told Mr. Franco that the parking spaces are indicated as being 9 ft. x 19 ft. in size. He informed Mr. Franco that The Town of Orchard Park requires the spaces to be 10 ft. wide. Mr. Bernard would
like the projected build-out to be based on the correct parking space requirement at the time of the site plan review.
6. Mr. Bernard would like the submitted traffic report to be pursued further with regards to the suggestion that a right hand turning lane would be desired into the property, but that it could not be accommodated. Mr. Bernard would like to know the basis of why this cannot be done. He further spoke regarding the recommendation that a future signal may be needed. He asked Mr. Franco who would be responsible for the signal and Mr. Franco stated that Benderson Development would not have a problem with accepting responsibility for the cost or maintenance of a signal.
7. Mr. Bernard would like the applicants to submit a plan showing the setbacks and to indicate how the residences to the rear will be buffered from the proposed project.
8. Mr. Franco was asked to clarify the specific uses that are being desired that have made the applicants request the rezoning from B3 to B2. Mr. Franco stated that the request was to allow for more flexibility in leasing. Mr. Franco will provide a list that indicates the type of tenants that would not be considered for this plaza to both the Planning Board and the Town Board. It was learned that there is no anchor for this plaza and that the building is being built as a speculative building. One-third of the buildings (the rear, two-story building) is to be used for office space.
9. Mr. Franco agreed to provide an archeological study.
The members expressed favorable comments regarding this proposed project. It was determined that a recommendation should be made to the Town Board to set a public hearing so the review process will not be delayed.
Mr. McGuire made a motion, seconded by Mr. Fabinsky, to Recommend to the Town Board that a Public Hearing be scheduled.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
MC GUIRE AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #28-01, Joe DeMarco, 2799 Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of a revised site plan. Original site plan approved on 3/13/02. Tabled by the Planning Board on 2/11/04.
APPEARANCE: Mr. Tim Arlington, Apex Consulting
Mrs. Diane DeMarco, applicant
Mr. Arlington described to the members how the issues that the Board required to be resolved have been addressed. He told the members that three wall packs at the rear of the building and three pole lights that had been added at the west side of the parking lot now have no impact on the neighbors, as indicated in the photometrics plan that has been provided.
The change to the configuration of the site plan did not make the parking become out of compliance. There is room for 52 parking spaces and the requirement is 41 spaces. Mr. Arlington stated that the encroachment to the 5-foot setback area on the east side of the property will be resolved. The request to show the location of the B2, R3 zoning lines, and the fifty foot zoning extension along with the variance that was granted in February, 2003 will be shown. The 12 ft. one-way driveway will be implemented this spring, weather permitting. Gates will be added to the dumpsters.
Mr. McGuire and Mr. Bernard discussed, with the applicants, the fact that the plans submitted did not represent what is currently present at the site. Mr. Arlington explained that the plans reflect a combination of what is needed to correct the situation. It was established that within the next thirty days the electrical issues will be taken care of and the remaining issues will be attended to when weather permits.
The Building Inspector’s Office will follow up and ensure that all issues are resolved.
Mr. Majchrzak confirmed that June through July was a reasonable time frame for the paving that needed to take place, as described by the applicants. He then told the applicants that he has been frustrated with the way business has been conducted in the past by the applicants. He informed them that an olive branch is being extended by the Board assisting in moving forward with this project. The applicants should be aware that, in the future, the Board will not move forward with any future projects if an approved project is not constructed according to standards. The applicants were warned of the risk in not following the proper channels when a change needs to be made in their approved site plans. Mr. Majchrzak stated that the Town of Orchard Park will use whatever legal means is available to have a project be as approved, even if that means removing footing, etc. Mrs. DeMarco noted that she understood what was being expressed to her.
Mr. Bernard made a motion, seconded by Mr. Bodden, to accept the revised “as built” site plan layout received 3/1/04 that denotes revised lighting, the removal of asphalt, the connection of the one-way driveway, the dumpster enclosure, noting that these issues are to be completed in a timely fashion, with the following stipulations:
1. A negative declaration was issued by the Town Board for the original site plan on 3/20/02.
2. Because a Landscape Completion Bond was obtained for the original landscape plan in the amount of $5,200.00 in 2003, and the value of the landscaping for the revised plan is substantially higher than the original plan, the petitioner shall secure another Landscape Completion Bond in the amount of $5,950.00 to make up the difference, in accordance with the Conservation Board minutes.
3. The dumpster currently on the site shall be properly screened with gates. Any other dumpsters on the site shall be screened in accordance with Section 144-25 of the Town Code.
4. No outside storage or display is permitted.
5. The Building Inspector is to assist Mr. DeMarco in completing the project as specified according to the time frame that has been offered at this public meeting.
ON THE QUESTION:
Mr. McGuire confirmed with Mrs. DeMarco that there would be no outside storage at the site. She told the members that plowing equipment is there, but that this will be removed when the season has ceased.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
MC GUIRE AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P,B. File #7-04, Karen Wehrfritz, 2799 Southwestern Boulevard, Zoned B-2. Requesting a Change in Use from residential to business in order to open a beauty salon. Town Board referred to Planning Board on 2/18/04.
APPEARANCE: Mr. Tim Arlington, Apex Consulting
Mrs. DeMarco, property owner
Mrs. Karen Wehrfritz, Petitioner
Mr. Arlington explained the proposed project to the members, stating that the parking will be adequate.
Mr. McGuire confirmed that there would be no additional lighting and that, if a sign was desired, the petitioner will return before the Board for a review of that request.
Mr. Fabinsky made a motion, seconded by Mr. Bodden, to Recommend to the Town Board a Change in Use be made from residential to a Beauty Salon business based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short EAF, Parts One and Two, and a negative declaration is recommended.
2. The building is to be brought up to code.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
MC GUIRE AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. P.B. Sub. File #24-03, proposed Baker Highlands Subdivision, Vacant land, east side of Baker Road, north of Milestrip Road, Zoned R-2. Planning Board to discuss location of recreation land for this subdivision. Tabled by the Planning Board on 2/11/04.
APPEARANCE: Mr. Michael Merritt, William Schutt & Associates
Mr. Victor Martucci, Marrano/Marc Equity
The petitioners discussed the detention basin and recreation land locations with the members. Mr. Fabinsky indicated that a letter had been received suggesting that Marrano was withdrawing its offer to donate 44.7 acres of the parcel as recreation land. That, instead, they would offer a single residential lot to be used for both a detention basin and a children’s playground.
Mr. Fabinsky stated that both the Conservation and Planning Boards found this dramatic change completely unacceptable and asked if there might be some sort of misunderstanding.
Mr. Martucci stated that Marrano withdrew its offer because they received erroneous information that the large parcel was not wanted. He stated that the situation is now clarified and the land will be donated to the town for recreational/conservation use.
Ownership of the detention basis was also discussed. The Town Engineering Department indicated that the town must have title to it. The Marrano representatives understood the need and were agreeable.
Mr. Fabinsky advised the petitioners that the planning Board was divided on whether the children’s playground should be located on a lot within the subdivision or along Baker Road in the recreation area to be deeded to the town.
Mr. McGuire felt that the play area should be located outside of the subdivision so it could be accessible to the community. The petitioners stated that they would submit a revised plan based on the comments from the Board. They also agreed to provide an aerial photographic overlay that would indicate vegetation that exists on the site.
Mr. McNamara discussed buffering the affected neighbors from the proposed play area. He would like the petitioners to submit a plan to address this concern.
Mr. Bernard discussed the detention basin with Mr. Merritt. He also discussed accessibility from the proposed subdivision to the proposed recreation area. The petitioners will review this issue.
Mr. Bernard verified that a pond exists adjacent to the proposed play area. Mr. Merritt stated that this lake is spring fed and is approximately 12-14 feet deep.
The members stated their opinions on the proposed project and concluded that in order for the project to move forward the two outstanding issues the Board still needs resolution on are, (1) Highway Superintendent Geitter’s input regarding the tear drop cul-de-sac design, and (2) Town Engineer Wayne Bieler’s decision on the retention pond and the cul-de-sac issue. Mr. Merritt stated that his client would be willing to have the storm water management facility located on lot 9 publicly owned, if required.
7. P.B. File #8-04, Jim Ball Pontiac, Vacant land, northwest corner of Southwestern Boulevard and Mid-County Drive, Zoned B-2, I-1 and R-4. Requesting rezoning from B-2, I-1 and R-4 to B-2 Special Exception Use in order to construct an auto center facility consisting
of a 9,500 sq.ft. carwash, service and convenience store, a 32,000 sq. ft. new car dealership with interior car showroom and a 3,500 sq. ft. new car showroom. Town Board referred to Planning Board on 3/3/04.
APPEARANCE: Mr. Mike Hall, petitioner’s representative
Mr. Mark Mussachio, Mussachio Architects
Mr. Fabinsky stated that he had a list of questions from Chairman Biryla (who is excused from this meeting) regarding this project. The following was established; (1) there will be no gas station built; (2) the difference between the proposed new car and used car showrooms is that there will be no service bays in the new car facility. Both showrooms will be located inside (Building “B”); (3) there will be a 50-foot buffer between the homes and anything adjacent to the R zoning.
Mr. Fabinsky noted that the buffering would be reviewed and adjusted as the Board determines. He told the applicants that Conservation Board Member, George Schichtel would be able to assist the petitioners with the types of buffering suited for the site.
Mr. Fabinsky further noted that although this issue was not tied into this project, the cars being parked and stored at area businesses (Buffalo Athletic Club and Rinky Dink) was brought up. Mr. Hall stated that storage outside of Orchard Park is being sought for these vehicles.
Mr. McNamara established that there would be a combination full-service and self-service carwash, with 4 car wash bays and 5 self- service bays. This operation would not be a franchise and would be open 24 hours. Mr. McNamara stated that he is trying to make sense of the intention of the proposal. He asked what Mr. Ball’s vision is for 5 to 10 years from now. Mr. Mussachio described Mr. Ball’s intention to the members. He confirmed that there is no intention to build additional buildings at this site.
The member’s questions established that they found the proposal for 1,300 parking spaces overwhelming. Mr. Fabinsky expressed his concerns regarding the fact that he does not want to see industrial land rezoned to be essentially a parking lot in this part of town.
Mr. McGuire stated that he appreciated Mr. Ball being upfront with his plans regarding the parking area and that he would rather see the cars parked here than at the Buffalo Athletic Club.
Mr. Bernard noted that this is a Type 1 SEQR action, and he would like the SEQR to address the following:
The differential impacts between the industrial and commercial areas, with regards to the buffers, traffic, lighting, water detention and the impact on services, such as fire and police. Mr. Mussachio confirmed with Mr. Bernard that the SEQR review should address the rezoning action, the industrial property presently zoned and the impact changes to B2. Mr. Bernard stated that the action today is for B2. If the rezoning is approved there will be several special exception uses that will need to be sought. He also asked that the petitioners indicate buffers and identify what is located on the adjacent areas, such as houses or landlocked parcels. He would like to know what would become of such a parcel, once it is landlocked.
Mr. Majchrzak established that if the car wash were not successful, a retail outlet would be implemented in its space.
Mr. McGuire re-verified that there are no plans for a gas station.
Mr. Fabinsky made a motion, seconded by Mr. Bernard, to TABLE this case pending additional information.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
MC GUIRE AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
There being no further business, the Chairman adjourned the meeting at 9:15 p.m.
DATED: 3/15/04 Respectfully, Submitted,
REVIEWED: 3/18/04 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky
Acting Planning Board Chairman