Minutes of the September 8, 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
Harold Fabinsky
Michael McGuire
William McNamara
Philip Murray
Eugene Majchrzak, Alternate
EXCUSED: Paul Bodden
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.
The Chairman noted that the July 14, 2004 minutes contain an inaccuracy.
Mr. Bernard stated that upon further review of the submitted drawings it had been discovered that the north arrow was inaccurate. Therefore, Mr. Bernard noted the following corrections to the July 14, 2004 minutes; on page 8 the motion made by Mr. Bernard item #5 reads “south side of building “B”. This should read “southwest” side of building “B”. Item #7 reads “a buffer of 75’ shall be provided along the south lot line…” This should read “west” lot line. Also, item #7 states “This shall be accomplished by eliminating eight (8) parking spaces as shown on the plan presented and by placing heavy landscaping within the two islands show along the south parking lot area and the buffer on the “south” side of the driveway”. This should read, “east” side of the driveway.
The Board voted unanimously to accept the corrections as presented.
Upon a motion duly made and seconded, the reading of the minutes of the August 11, 2004 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Fabinsky, to ACCEPT the
minutes of the August 11, 2004 meeting.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. Sub. File # 26-04, “Traditional Neighborhood”, 62.2 acres of vacant land, west side of Bussendorfer Road, north of Armor Duells Corners Road, Zoned R-2. Requesting Pre-Application Findings Review of an 81-lot subdivision.
APPEARANCE: Sean Hopkins, Attorney
William Schutt, Wm. Schutt & Associates
James Roll, Patrick Development
Don Owens, Earth Dimensions
Mr. Fabinsky asked if the applicant, Bussendorfer LLC was present and Mr. Hopkins told the Board that they were not. He explained to the Board that Bussendorfer LLC consists of mostly Orchard Park residents and investors, who have invested in this project.
The Chairman noted that the proposed plans indicate a “preserve and neighborhood regional water control area”. She asked the applicants to explain what they meant by these terms. Mr. Schutt explained that this area is where they propose to incorporate storm water detention, water quality measures and the preservation of wetlands. He noted that the plan presented is conceptual and that other options have been discussed during a recent meeting with the Town of Orchard Park Engineering and Highway Departments. Mr. Schutt noted that they are aware of the existing drainage problems in the Pinewood Hill Subdivision to the north of the project. He told the members that it is his intention to work with the Town to try and relieve these problems. He feels that the proposed project will not exacerbate the existing drainage problems.
The Chairman established with Mr. Schutt that Federal wetland areas have been delineated, surveyed, mapped and submitted to the Army Corps of Engineers but have not yet been verified by the Army Corps of Engineers. Mr. Owens told the Board that a report is being prepared and that this will be submitted along with their application to the Core, who will then visit and verify the property’s wetland areas.
The Chairman noted that the Conservation Board had reviewed this project during their September 7, 2004 meeting and recommends the Town take land in lieu of fees. She further noted that Mr. Loesch, Chairman of the Conservation Board, would prefer to have this land located near the front of the water collection area. The applicants will be returning to the Conservation Board for further review of the proposed plan.
The Chairman noted that there is other vacant land near the proposed project. She asked if the applicants intend to have a stub road in place so that the proposed subdivision could be eventually connected. Mr. Schutt noted that Mr. Victor Libertore owns the only vacant land that he knew of, to the north of the site. The possibility of reserving a right-of-way has been discussed with Mr. Libertore and if the Board felt this necessary he would attempt to work the stub road into the plan. Mr. Schutt noted that the land to the south is divided into larger lots with homes built on it and that a cemetery is on the property to the west.
Mr. Bernard discussed the layout of the lots with Mr.
Schutt, noting that a possibility exists for future dead-end streets to occur
if the project is planned without considering adjacent property. He told Mr.
Schutt that he would like to see the plan presented have more definition and an
expanded view of the adjacent areas.
The Chairman discussed with the applicants her concerns regarding ownership of the wetland areas and emergency vehicle access to the site while each phase is developed. Mr. Schutt told the Board the lot and road alignment were designed to create as little disturbance as possible to the wetlands, with the “preserve area” being privately owned by the lot owners. Mr. Schutt explained to the members and indicated on the site plan how a complete loop will be used for ingress and egress. He told the members that emergency vehicle access would not be a problem during the construction of the phases.
The Chairman told the applicants that lots #8, 17, 18, 36, 37, 41, 42, 48 & 64 appear to be difficult to fit a home on. She requested that the applicants detail how they propose to build a house on these lots for the members to review. Mr. Schutt told the members that the lot sizes have been designed 25% larger than the R2 minimum standards. The Chairman noted that a problem exists with similar pie shaped lots located within the Birdsong Subdivision.
The Chairman also noted that the Board has concerns with regards to wetlands located on lot #17. Mr. Schutt noted that mitigation would be proposed at that location. The Chairman asked if the mitigation would occur in Orchard Park. Mr. Hopkins told the members that the applicants would be reviewing the project with the Army Corps of Engineers. He noted that the Corps prefers avoidance of the wetlands if possible, and if avoidance can not be accomplished then minimization is preferred. He
further explained that the Corps prefers on sight mitigation and he told the
members that the applicants are confident that this can be accomplished. It was noted that Lots #41 and #42 are located within the wetland areas.
The Chairman told the applicants that the plans presented have not been stamped by a licensed professional engineer and she requests that the applicants comply with this requirement. Mr. Schutt stated he would do so.
Mr. Fabinsky established that the parcel consists of 62 acres, containing 5.71 acres of Federal wetlands with no State wetlands located within the site. He further established that the record listing who the owners of Bussendorfer LLC are is not available at this time. Mr. Fabinsky told the applicants that the Board reviews projects with developers. However, they find it encouraging to know who the actual property owners are. Mr. Hopkins stated that he would submit a letter indicating that those present have full authority to act on Bussendorfer LLC’s behalf. Information on ownership will be available at a later date.
Mr. Fabinsky, referencing the large attendance of the area neighbors at this meeting, told the applicants that he feels they should work with the neighbors regarding their drainage concerns. Mr. Hopkins noted that DiDonato Associates has been hired by the Town of Orchard Park to resolve the drainage problems in the area adjacent to the subdivision. However, Mr. Hopkins stated that Mr. Schutt is willing to meet with DiDonato & Associates, a representative of the Town Engineering Department and the adjoining property owners to see if there is a solution that they can contribute to. Mr. Hopkins noted that it is premature at this point in time, as the site has not yet been engineered. Mr. Fabinsky verified with Mr. Ostrander that the Town Engineering Department would be agreeable to such a meeting.
Mr. Bernard discussed the applicant’s proposal to have the drainage areas privately owned, noting that this is different than what the Town typically practices. Mr. Schutt told the Board that two watersheds exist on the site with the water traveling in two different directions. Water located on land along Bussendorfer travels north; on the other side of the site the water travels south to Rush Creek. Drainage to Rush Creek is more typical and this has been shown on the plan presented as traveling down to a proposed detention basin on a piece of property with an access road. They would like to utilize the existing topography of the site and entrap the water for both the purposes of water quality and storm water detention. Mr. Schutt noted that they would have the opportunity to stop or minimize downstream siltation, use the existing wetlands and also create a wetted pond. Mr. Schutt stated that he understands that the Town is not interested in ownership of wetted ponds. He told the members that ownership of the wetted pond would fall under a homeowner’s association.
Mr. Bernard stated that in the past, the Town takes over drainage areas after they are developed. Mr. Bernard asked Mr. Ostrander if Town Engineer Wayne Bieler had reviewed this proposal and if he had discussed the question of ownership. Mr. Bernard discussed the fact that the Birdsong Subdivision has retention areas owned by the Town. He told the applicants that if the Town does not own the wetted pond, the Planning Board would pursue discussions of the long-term upkeep.
Mr. Bernard confirmed that the recreation land would be approximately 5.5 acres. Noting that the SEQR is in the process of being prepared, Mr. Bernard outlined issues that he would like to be reviewed in Part III, which are; wetlands, impact on traffic, the drainage, wildlife, service impact with schools, highways and fire protection. Mr. Bernard further noted that this is an unlisted action. However, a full EIS will be requested if needed.
Mr. Murray confirmed that a traffic study has not yet been performed.
The Chairman discussed ownership of a pond that will exist on the site. The applicants stated that the pond would be owned by and accessible only to the two lot owners where it is located; however, the homeowner’s association will be responsible for its maintenance. Mr. Majchrzak stated that he feels the other lot owners who will be paying for the pond’s upkeep and be excluded from accessing it will not see this arrangement in a positive fashion. Mr. Hopkins stated that he appreciates the Board’s input and details would be worked out regarding this matter.
Mr. McGuire made a MOTION, seconded by Mr. Bernard to TABLE this case.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
There being no further business, the Chairman adjourned the meeting at 8:00 p.m.
DATED: 9/15/04 Respectfully, Submitted,
REVIEWED: 9/16/04 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla
Planning Board Chairman