Minutes of the November 10, 2004 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Lorraine Biryla, Chairman
John Bernard
Paul Bodden
Michael McGuire
William McNamara
Philip Murray
Eugene Majchrzak, Alternate
EXCUSED: Harold Fabinsky
OTHERS PRESENT: Andrew Geist, Supervising Building Inspector
Michael Wolf, Deputy Town Attorney
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 October 13, 2004 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Bodden noted the following corrections to the minutes; on page 3, the sentence that reads, “Mr. Bodden told the Chairman that he would abstain from voting due to a business relationship with the applicant” should read “due to a past business relationship with the applicant”. Also on page 3, in the third paragraph it reads that “Mr. Bielaszka told the Board that based on his Fredonia, New York store…” Mr. Bodden would like this changed to read “Mr. Bielaszka told the Board that based on a similar store in Fredonia, New York…”.
Mr. Murray made a motion, seconded by Mr. McGuire, to ACCEPT the minutes of the October 13, 2004 meeting as corrected.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 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 Drive, Zoned R-2. Requesting SEQR determination 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 told the applicants that the Board favors the submitted revised plan. She asked Mr. Jason to explain the development of Phases 6, 7 & 8. Mr. Jason explained that previously the Planning Board requested that he establish the loop/extension of Arrowood Lane and Breezewood Drive and install the entire infrastructure for the project before these phases were begun. Mr. Jason stated that he would comply with this request.
Mr. Bodden established that if Mr. Jason had crews available, both ends of the project would be constructed at the same time. If this were not possible, Arrowood Lane would be started first. All infrastructure will be in place before building permits are applied for.
Mr. Bodden made a MOTION, seconded by Mr. McNamara, that a Negative declaration be issued under SEQR for this project.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #32-04, Kevin & Elizabeth Schott, 6305 South Abbott Road, Zoned A-1. Requesting a Special Exception Use permit to operate a public stable. Town Board referred to Planning Board on 10/20/04.
APPEARANCE: Mr. & Mrs. Schott, and their son Eric
Mrs. Schott explained to the members that their son, Eric, rides horses as part of his physical therapy. They have found that this type of therapy improves Eric’s medical condition.
The Board’s questions established that the Schott’s plan to board horses and that there are a total of 11 stalls. In addition, an outdoor riding arena is planned. The riding arena will be approximately 600’ from the road, with a distance of 300’ from each side lot line. Mr. Schott told the members that the back fifteen acres would have hay planted and harvested. There will be no shows.
Mrs. Schott submitted lighting information for the members to review. Mr. McGuire established that lighting would be installed only on the building.
Mr. Bodden established that manure storage would be temporary and that the manure would be spread on the property. The property consists of approximately 28.71 acres.
Mr. McGuire made a MOTION, seconded by Mr. Bernard to recommend that the Town Board APPROVE the request for a Special Exception Use permit in an A-1 zone to operate a public stable based on the submitted plan received 10/1/04 and on the following conditions and stipulations:
1. This is an Unlisted SEQR Action based on the submitted Short EAF Parts 1 and 2 and a Negative declaration is 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 development plans received 10/1/04, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
4. The proposed project is in compliance with the Town's long range comprehensive plan.
5. The applicant has demonstrated a need for the project.
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.
10. Free area for recreation is not required.
11. The nearness and impact on schools and utilities is not an issue.
12. The health and safety of adjacent properties is not affected.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman stated that she was taking the applicant’s word that no future sign would be posted on the property for the stable.
3. P.B. File #30-04, proposed Meadow Wood Townhouses, Vacant land, east side of California Road, south of Big Tree Road, Zoned R-3 Special Exception Use. Requesting a Building Permit to construct a 48-unit townhouse development. Planning Board to set Public Hearing. Town Board granted a Special Exception Use permit for this project on 3/17/04.
APPEARANCE: Doug Bennett, TVGA
Mr. McGuire made a MOTION, seconded by Mr. Bodden, to AUTHORIZE the Chairman to schedule a Public Hearing when all requirements have been met and the Engineering Department is satisfied.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS
Sean Hopkins, attorney, to discuss a proposed residential project on the east side of North Buffalo Road (Williamsburg Commons).
APPEARANCE: Mr. Sean Hopkins, Attorney
Mrs. Patricia Bittar, Wm. Schutt & Associates
Mr. James Roll, Patrick Development
Mr. Hopkins presented plans for the proposed project explaining Board that his client desires to construct 18 homes based on the New York State “Open Development Plan”. Mr. Hopkins stated that this type of plan differs from regular subdivision proposals, in that it utilizes private infrastructure. Mr. Hopkins explained that an additional approval known as “open development area” must be granted, which is allowed under New York State Town Law, Section 280A. Under this provision lots are required to not have frontage on a public street.
Mr. Hopkins presented photographs to the members that depicted examples of the types of homes that would be built. He explained why this project is more desirable than a traditional subdivision. He that sidewalks to the Village of Orchard Park link the site, which is within walking distance. He also told the members that the applicants believe that the adjoining property owners would be strongly opposed to having a private road connect to Diller Drive. Therefore, that connection is not being proposed. Mr. Hopkins noted that the applicants are seeking the Board’s opinion. If the plan is not received positively, they will come back before the Board with a proposal for a traditional subdivision.
Mr. Roll told the members that the homes would have a minimum of 2,000 square feet and have a starting price of $300,000. Mr. Roll discussed the fact that the project will be market driven. However, he believes the project will attract mostly second time homebuyers that are “empty nesters”.
It was established that Patrick Development would be the exclusive builder.
The Chairman questioned the size of the homes being proposed for “empty nesters” and the large amount of maintenance that would be required. Mr. Hopkins noted that the potential homebuyer would be able to afford to contract out services needed.
Mr. Bernard discussed having the project being developed with a public road. He described to the applicants how he looks at projects and tries to have the community connected and walkable. It was also established that if the project were granted through the “Open Development” regulations, the Town of Orchard Park would still be given recreation
fees. Mr. Bernard established that the parkland area would be 2.2 acres. Mr. Hopkins noted that the proposed plan would accommodate emergency vehicle access.
Mr. Bernard discussed the fact that a portion of the project is located in a commercially zoned area. Mr. Hopkins acknowledged that this portion of the site would have to be rezoned to residential.
Mr. Bodden discussed having a future plaza developed in the adjoining commercial zone. Mr. Hopkins noted that screening options could be discussed.
Mr. Murray discussed the fact that he would like to be sure that the proposed project would not include “patio homes”. Mr. Hopkins assured the Board that this would not be the case. He stated that some similarities exist by having the infrastructure being private. However, the homes will be a minimum of 2,000 to 2,500 sq. ft., the same house will not be built over and over again and all lots would comply with the existing zoning laws. Mr. Murray discussed having the possible connection to Diller Drive. Mr. Hopkins explained why the applicant favors not having this connection. If they must have the connection, the project will revert to a traditional subdivision. The Chairman noted that a public road would have to be constructed if a connection to Diller is made. Mr. Hopkins noted that if the project were found favorable the applicants would submit further details showing the amenity package, lighting standards, landscaping, sidewalks and other details that have been discussed.
Mr. Ostrander noted he would like to see two ingresses and egresses for safety and fire protection. Mr. Bernard discussed having the project based on the access road being from Diller, as an entrance. Mr. Hopkins noted that maintenance issues might exist with the Town. He also did not know if having a segment that connects on both sides would be possible and if they would be able to keep the private infrastructure.
Mr. Majchrzak established that there would be protection for the standards set for each individual homeowner. Their rights would be protected with deed restrictions through the homeowners association.
The Chairman polled the Board and it was found that the members did not have objections to the project. However, they would like to have the Public Safety Commission and the Fire Commissioners review the proposal. They would also like the formal application submitted so that the Board may review the project in detail.
There being no further business, the Chairman adjourned the meeting at
8:18 p.m.
DATED: 11/15/04 Respectfully, Submitted,
REVIEWED: 11/16/04 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla
Planning Board Chairman