Minutes of the October 13, 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
OTHERS PRESENT: Andrew Geist, Supervising Building Inspector
Michael Wolf, Deputy Town Attorney
Sarah desJardins, Planning Coordinator
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 September 8, 2004 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray noted the following corrections to the September 8, 2004 minutes: Page 2, last paragraph, “the Core” should be spelled “the Corps”. Also, on page 4, first line, the word “sight” should be spelled “site”.
Mr. Bodden made a motion, seconded by Mr. McGuire, to ACCEPT the minutes of the September 8, 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. P. B. Sub. File # 24-03, proposed Baker Highlands Subdivision, Vacant land, east side of Baker Road, north of Milestrip Road, Zoned R-2. Requesting Planning Board acceptance of revised Pre-Application plan. Tabled by the Planning Board on 7/14/04.
APPEARANCE: Mr. William Schutt, William Schutt & Associates
Mr. Victor Martucci, Marrano/Marc Equity
The Chairman confirmed that the prior outstanding pre-application issues had been resolved between the developer and the Town Engineering Department. The Chairman asked the applicants to consider the concerns of the neighbors during the preliminary approval process. In addition, she provided the applicants with a correspondence that had been received from the most affected neighbor, Mrs. Roehling of 3145 Baker Road. The Chairman noted that Mrs. Roehling’s property would become a corner lot and the access road would be located within 14’ of her home if the subdivision is approved. The Chairman stated that the Board would like the applicants to contact Mrs. Roehling directly to address her concerns noted in the correspondence. Mr. Schutt stated that they would be willing to contact Mrs. Roehling and work with her.
Mr. Fabinsky discussed the land that the developer plans to deed to the Town of Orchard Park. He told the applicants that he might not support wetlands mitigation in the future by the applicants for this site.
The Chairman made a MOTION, seconded by Mr. Fabinsky, to ACCEPT 44.7 ACRES for RECREATION LAND in lieu of fees as presented on the plan dated 10/15/04.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman made a MOTION, seconded by Mr. Fabinsky, to ACCEPT the REVISED PRE-APPLICATION plan dated 10/6/04.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman asked the applicants to take into consideration the neighbors and their concerns and come to a “meeting of the minds”.
2. P.B. File #29-04, Robert Bielaszka, 2911 Southwestern Boulevard, Zoned B-2. Requesting Change in Use from a transmission shop to a meat and deli store. Town Board referred to Planning Board on 10/6/04.
APPEARANCE: Mr. Robert Bielaszka, applicant
Mr. Bodden told the Chairman that he would abstain from voting due to a business relationship with the applicant.
The Chairman told Mr. Bielaszka that only four members of the Board were available to vote in regards to his case. She explained the options available to Mr. Bielaszka and he told the Board that he would like to proceed with his presentation and have a vote take place.
Mr. Bielaszka told the Board that it is his desire to operate a deli and meat shop similar to the “Federal Meats” chain at this location. Mr. Bielaszka told the Board that based on his Fredonia, New York store he estimates employing 19 to 21 people at this location, with 6 to 7 employees present at any given time. The hours of operation would be Monday through Saturday, from 9 a.m. to 8 p.m. and on Sunday, from 9 a.m. to 6 p.m.
The members reviewed the parking space plans for the proposed deli and meat shop. Both Mr. McGuire and Mr. Murray noted that the plans presented do not clearly indicate the proposed parking spaces. The Board determined that there is adequate room for parking spaces at this site to comply with the code. However, they directed Mr. Bielaszka to submit to the Planning Coordinator a plan that specifically details these spaces. If the Planning Coordinator finds the plan satisfactory, the Change in Use Permit may be issued.
The members reviewed the lighting plan for the site. Mr. McGuire noted that the plan shows two types of fixtures; three 200- watt high-pressure sodium wall packs in three locations with a fixture cut that fits into our normal description. Future pole lighting with 400 watts is also shown. Mr. McGuire told Mr. Bielaszka that if he comes back to the Planning
Board for approval of the pole lighting, he would like him to provide photometrics of the property. Mr. McGuire stated that if this project is approved it will be based on drawing “C1” indicating three 200 watt lights.
The Chairman confirmed that Mr. Bielaszka was directed by the Conservation Board to add mulching to the site. It was further established that the dumpster would be located behind the building.
Mr. McGuire made a MOTION, seconded by Mr. Fabinsky, to RECOMMEND that the Town Board APPROVE the requested Change in Use at 2911 Southwestern Boulevard from a transmission shop to a meat and deli store based on the following conditions:
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 lighting is to be limited to the three (3) 200-watt high-pressure sodium wall packs. At this time there will be no parking lot pole lights approved.
3. The parking lot spaces shall be delineated on a new plan and given to the Planning Coordinator for her review to ensure that all town requirements are shown.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN ABSTAINED
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #27-04, Jim Ball, Vacant land, northwest corner of Southwestern Boulevard and Mid-County Drive, Zoned B-2. Requesting rezoning from B-2 to B-2 Special Exception Use in order to construct a new car dealership. Town Board referred to Planning Board on 9/1/04.
APPEARANCE: Mr. Jeff Palumbo, Attorney
Mr. Mark Mussachio, Architect
Steve Castillone, General Manager, Jim Ball
Mr. McGuire told the Chairman that he would abstain from voting due to a business relationship with the applicant.
The Chairman told the applicants that only four members of the Board were available to vote in regards to this case. She explained the options
available to the applicants. Mr. Palumbo told the Board that he would like to proceed with the presentation and have the vote take place.
Mr. Fabinsky stated that he would like to review the concerns that had been raised relative to the depth of the buffer to be provided for the residential properties on Auckland Avenue to be sure that the proposed buffer is adequate. Mr. Mussachio stated that the condition placed on the project, both by the Planning & Town Boards is to provide a 75’ buffer behind the homes on Auckland Avenue. This 75’ buffer area, as shown on the site plan, which would consist of a 50’ green space area and a 25’ no parking area. In addition, the islands will be heavily landscaped within the 25’ no parking area buffer. Mr. Fabinsky confirmed with Mr. Mussachio that part of the buffer is the pavement area. Mr. Palumbo noted that the resolution from the Town Board requires the 50’ buffer area to be placed in a conservation easement area.
Mr. Mussachio asked if they will be allowed to provide plantings in the conservation easement area and Attorney Michael Wolf stated that this would be allowed. However, there is to be no parking or building in this area. The Chairman noted that the applicants should provide evergreens in that area as they agreed to. She noted that vegetation on the other side of the driveway is also desired and when the applicants appear before the Conservation Board this will be addressed. Mr. Mussachio stated that this would not be a problem.
Mr. Bodden made a MOTION, seconded by Mr. Murray, to RECOMMEND the Town Board APPROVE the requested rezoning from B-2 to B-2 Special Exception Use to construct a new car dealership based on the submitted plan received 10/6/04 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 10/6/04, 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 has not been provided and 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
BODDEN AYE
FABINSKY AYE
MC GUIRE ABSTAINED
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman told the applicants that a correspondence, dated October 13, 2004 had been received from Mr. Randolph Benes, owner of SBL#161.070-02-19. She provided the applicants with a copy of the correspondence and asked that they contact Mr. Benes and address his concerns prior to the site approval review meeting.
OTHER BUSINESS:
1. Informal presentation by Mr. Steve Hollins of a proposed townhouse project on the north side of Webster Road, west of Deacon Road.
The Board had previously advised Mr. Hollins that they did not favor the construction of single family homes at this site. Mr. Hollins told the Board that he is proposing to construct affordable townhouses in the price range of $165,000 to $185,000 at this site. Mr. Hollins discussed the wetland area located on the site, noting that it had been suggested
to him to perform logging. He explained that he did not find this idea acceptable. The Chairman also noted her concerns regarding this idea.
Mr. Hollins told the Board that he could not meet the setback requirements required between the buildings and the access road. Therefore, he must apply for an area variance. Mr. Hollins also noted that he does not own the property, but that he does have an option to purchase it.
The Chairman noted that if a variance is granted, the Board prefers the townhouses be located closer to the conservation easement area (owned by Mr. Frank Downing) rather than having the buildings closer to the access road.
Mr. Fabinsky established that the access road into the site would be a private road, maintained by a homeowners association. He expressed concerns regarding the private road and would like Attorney Michael Wolf to review the homeowner’s association proposal after it is developed. The Chairman confirmed with Mr. Hollins that this would not be a problem.
Mr. Hollins asked the members if they would support his request for rezoning this property from R2 to R3 Special Exception Use. It was confirmed that the Board would support the request for rezoning.
Mr. Bodden noted that there is a need for this project in the Town of Orchard Park.
2. Young Riedman developers to discuss proposed signage for the Hammocks at Orchard Park apartment project.
APPEARANCE: Andrew Spencer, BME Associates
Mr. Spencer came before the Board to obtain their opinion and guidance regarding a proposed sign to be located at the “Hammocks at Orchard Park” apartments. Mr. Spencer explained to the members that he would need a variance and would be requesting two signs.
The Board members stated that it is desired to maintain a residential atmosphere, not commercial, for this area. Mr. Fabinsky suggested that an overlay be provided to show how the sign would look from the road. The discussion concluded with the members indicating that they would like the proposed sign to be scaled down in size, have the brickwork reduced and eliminate the upright feature at the top of the sign. Mr. Spencer was asked to return with a drawing depicting the sign clearer, perhaps a 3-D rendition.
There being no further business, the Chairman adjourned the meeting at
8:45 p.m.
DATED: 10/19/04 Respectfully, Submitted,
REVIEWED: 10/21/04 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla
Planning Board Chairman