Minutes of the April 13, 2005 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
Harold Fabinsky
Michael McGuire
Philip Murray
Eugene Majchrzak, Alternate
EXCUSED: William McNamara
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
Andrew Geist, Supervising Building Inspector
Thomas Ostrander, Junior Engineer
Michael Wolf, Deputy Town Attorney
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 March 9, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
The Chairman made the following correction to the March 9, 2005 minutes; Page 6, paragraph five, eliminate the sentence “She also told Mr. Buchheit that she had spoken with Mr. Merritt and that he had told her that he had been very pleased with the traffic study that had been done in 1996”. The Chairman did not have a conversation with Mr. Merritt.
Mr. Bernard made a MOTION, seconded by Mr. Bodden, to accept the minutes of the March 9, 2005 meeting as corrected.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE VOTE IS UNANIMOUSLY PASSED.
APPEARANCE: The applicant was not present.
Mr. Fabinsky made a MOTION, seconded by Mr. Murray to TABLE this request.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE VOTE TO TABLE THIS REQUEST IS UNANIMOUSLY PASSED.
2. P.B. File #9-05, proposed Walh Performing Arts Studio, Vacant land, south side of Southwestern Boulevard, across from St. John Vianney church, SBL#158.10-2-2, Zoned B-2. Requesting a Building Permit to construct a 6,000 sq.ft. building to house a dance, voice and acting teaching studio. Town Board referred to Planning Board on 3/2/05.
APPEARANCE: Mr. Robert Gill, Architect
Mr. & Mrs. David Walh, applicants
Mr. Gill presented and explained the plans for a proposed 6,000 sq.ft. performing arts studio to the members. It was established that engineering approval has been granted for the proposed project and there will be a maximum of four employees at the facility. Supervising Building Inspector Andy Geist told the Board that the number of proposed parking spaces exceeds what is required. The proposed 6,000-sq. ft. project will be built in two-phases. All approvals have been based on 6,000 sq. ft.
The members discussed the aesthetics of the proposed studio. The studio will be a wood tan and white structure, with a concrete floor, vinyl siding and aluminum trim. It was noted that the proposed landscaping plan would aid in softening the facade.
Mr. Bernard discussed the lighting plan and it was established that the photometrics plan had been revised to show a total of six fixtures. There will be 3 poles with 400-watt fixtures and 3 building mounted lights. Mr. Bernard also discussed the fact that in addition to the screening that will be provided for the neighbor on the east, there should be screening provided for the neighbor at the rear of the property. Mr. Ostrander explained that the topography at the rear of the property, in addition to the sewer easement, limits screening.
The Chairman told the applicants to work out a landscape plan for buffering at the rear of the property with the Conservation Board’s input and to have the Engineering Department assistance.
Mr. Murray established that the project’s future expansion would be another studio. He further established that the project is “ADA” compliant.
A MOTION was made by Mr. Bodden, seconded by Mr. Fabinsky, to recommend that the Town Board AUTHORIZE a Building Permit for a two-phase building to be built totaling 6,000 sq.ft. (the first phase will total 4,162 sq.ft., with the
balance of the second phase to be built at a later date) to house a dance, voice and acting studio and APPROVE the site plan received 4/6/05 based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Long EAF, Parts One and Two and a Negative Declaration is recommended.
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. A Landscape Completion Bond in accordance with Conservation Board minutes shall be provided for the approved landscape plan, which includes 48% green space.
6. Town Engineering Approval has been granted on 4/13/05.
7. The applicant is to confer with the Conservation Board to determine what type of trees shall be planted and work with the Town Engineering Department to provide an increase in buffering along the rear lot line during the final phase.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
There being no further business, the Chairman adjourned the meeting at 7:55 P.M.
DATED: April 14, 2005 Respectfully Submitted,
REVIEWED: April 21, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla,
Planning Board Chairman