Minutes of the August 10, 2005 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
William McNamara
Philip Murray
Eugene Majchrzak, Alternate
EXCUSED: John Bernard
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
Andrew Geist, 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 July 13, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a MOTION, seconded by Mr. McGuire to accept the minutes of the July 13, 2005 meeting.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE IS UNANIMOUSLY PASSED.
1. P.B. File #25-05, Ronald Flintjer/James Joyce, Esq., 3752 North Buffalo Road, Zoned B-3. Requesting Change in Use from residential to office space. Town Board referred to
Planning Board on 7/20/05.
APPEARANCE: Mr. James Bammel, Architect
Mr. Bammel explained that the building consists of a residence and an upholstery business. The residential portion will be converted into a professional office for an attorney.
The Chairman confirmed with the Planning Coordinator that at the August 2nd Conservation Board meeting, Councilwoman Ackerman offered to contact the D.O.T. regarding adding green space to the east side of the property along North Buffalo Road. She will request that the D.O.T. give the Town permission to excavate an area of the asphalt in the State right-of-way on North Buffalo Road and replace it with soil and grass. She will then inquire as to whether the Town highway department would be willing to do the work.
The members’ questions established that proposed office space will be used strictly for an attorney. Building Inspector Andrew Geist told the members that the project is in compliance with all Town ordinances. He further confirmed that the parking is conforming.
Mr. Fabinsky made a motion, seconded by Mr. Bodden, to recommend that the Town Board approve the requested Change in Use at 3752 North Buffalo Road from a residence to office space based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. There is to be no additional lighting.
3. There is to be no dumpster.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. P.B. File #22-05, proposed Williamsburg Commons Subdivision, +/- 14 acres of vacant land, east side of North Buffalo Road, Zoned R-2. Requesting Pre-Application Review of an 18-lot subdivision.
APPEARANCE: Mrs. Patricia Bittar, William Schutt & Associates
Peter Sorgi, Attorney
Mrs. Bittar explained that the Town Board directed that the project have a public road, rather than the proposed private road. There will be 18 conforming building lots and the portion of the site that had been zoned B-3 was rezoned to R-2, making the entire site R-2. She noted that the cul-de-sac turning radius is not in compliance with the new cul-de-sac ordinance and that the applicants will be seeking relief. The current requirement is 100’ and the plan indicates that 95’ is available. The previous requirement was 75’. In addition, a retention pond is being designed for the site that will be 8’ deep. Plans for the pond have not been submitted.
The Chairman discussed the proposed cul-de-sac with Mrs. Bittar. She noted her concerns involving snow removal and emergency vehicle access. She stated that the applicants must obtain clearance from Highway Superintendent Fred Piasiecki.
Junior Engineer Thomas Ostrander explained that the Engineering Department does not anticipate problems with the proposed cul-de-sac, as the design is elongated and not round. It was further learned that the sidewalks at the site will be owned and maintained by a homeowners’ association, making liability concerns the associations.
The Chairman restated that she would like Highway Superintendent Piasiecki to review the cul-de-sac plan.
Mr. Fabinsky discussed his feelings with regards to the retention basin being an 8’ wetted pond and the safety of children. Mr. Ostrander explained that per the new D.E.C. Phase II Water Quality regulations in most cases a wetted pond must be installed to obtain water quality, not water quantity control for water leaving the site. The Chairman noted that this can be addressed in the future and that she will rely on the engineering department’s expert opinion.
Mr. Bodden made a motion, seconded by Mr. McNamara, that the following PRE-APPLICATIONS FINDINGS are made based
on the submitted sketch plan received 8/2/05 and the applicant has detailed:
1. The total acreage is 13.7 acres.
2. The desired zoning classification is R-2.
3. The number of possible stages of completion is 1.
4. The applicant's position with respect to title is owner.
5. The zoning will remain as is.
6. Access to surrounding properties has been addressed by
North Buffalo Road.
7. Recreation fees in lieu of recreation area will be provided in accordance with Section 144-70E of the Town Code and shall be paid prior to the Final Plat Plan Public Hearing.
8. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
9. One (1) Street Tree per the Conservation Board's Street Tree Plan shall be provided on each lot per Section 121-77 of the Town Code.
10. The applicant shall complete and submit the Full EAF, Parts 1 and 2 and 3 for this Unlisted SEQR action. The Planning Board will seek Lead Agency status with a coordinated review.
ON THE QUESTION:
Mr. Fabinsky expressed his feelings, again, regarding the safety of children and the wetted pond. He would like the Engineering Department to review the retention basin in terms of slope and grade. Mr. Ostrander noted that this is performed on all projects.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. P.B. File #13-05, proposed Eagle Heights West Subdivision, 31 acres of vacant land as an extension of Deer Run, Zoned R-1. Requesting Pre-Application Findings Review of a 23 +/- lot subdivision.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen
Mr. Pidanick presented plans for a proposed 23 lot subdivision. Documentation has been provided verifying ownership of the parcel. He explained that Eagle Heights West, Part Three is being proposed on a 31+/- acre parcel located at the end of existing Deer Run. He told the Board that the project will be constructed in one phase. Earth Dimensions performed a wetlands delineation, wherein they report the site has approximately 5.22+/- acres of Federal wetlands. The proposed subdivision will impact 0.58 +/- acres of this.
Mr. Pidanick told the Board that they are proposing a public road ending into a cul-de-sac that meets the new design requirements of the Town. All of the building lots are conforming and there will be one flag lot (sub lot #1). He stated that the plan conceptually shows the location of a storm water detention basin that will address water quality requirements.
Mr. Pidanick noted that the project is located adjacent to Town owned recreation land. He told the Board that the applicant proposes to allow access to this recreation land between sub lots #11 and #12. Although the applicant has met recreation land requirements, he proposes to donate an additional 2.71 acres of recreational land.
Mr. Pidanick stated that he is aware of a previous proposal showing Deer Run linking into the older section of Eagle Heights. The applicant believes that the detriment of making that connection far out weighs the benefits. He told the Board that it is a very expensive crossing with a creek involved and that there would be no benefit to the applicant. He asks that the Board grant approval for the concept being presented today.
The Chairman noted that there is a great deal of dissonance regarding the connection; numerous individuals favor the connection and at the same time there are many against having
it. She proposes that the members visit the site and walk the area on the 16th of August, at 7:00 p.m.
The Chairman made a motion, seconded by Mr. Fabinsky, to TABLE the case.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS TO TABLE THE CASE, THE MOTION IS HEREBY PASSED.
The secretary is instructed to invite the Supervisor, Town Board Members, Town Engineer, Assistant Engineer and the applicant, Eagle Heights Joint Venture to attend.
4. P.B. File #26-05, Stephen Sabuda, Milligan’s Pub, 3864 Abbott Road, Zoned B-2. Requesting Planning Board approval of a temporary outside structure (clam stand) and outdoor seating.
APPEARANCE: Mr. Stephen Sabuda, applicant
Mr. Sabuda presented a sketch of his request for proposed outdoor seating for a temporary “clam stand”. He told the Board that he proposes to have 6 tables with 6 chairs at each table. The members’ questions established that there will be no liquor served, nor allowed at the clam stand. Liquor is only allowed inside the building and on the patio area. A security guard is present to enforce this standard. The outdoor seating will be from June 1st to October 1st; with the hours of operation from 3 p.m. until 11 p.m. The clam stand will be moved out of the way after October 1st. Building Inspector Andrew Geist confirmed that the number of available parking spaces complies with the ordinance. He stated that he does not feel there is an issue with parking and that he does not believe a significant change is being created. He also commented that as October 1st approaches, the outdoor seating will end just as the football season is getting under way.
Mr. Fabinsky made a motion, seconded by Mr. Bodden to APPROVE the request for the temporary outside structure 8’ x 10’, and outdoor seating consisting of six (6) tables with six (6) chairs (for a total of 36 people) to operate from 6/1/05 until 10/1/05.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
5. P.B. File #23-05, proposed Quaker Crossing South, +/- 19.2 acres of vacant land, south side of Milestrip Road, across from the existing Quaker Crossing Plaza, Zoned I-1. Requesting rezoning from I-1 to B-1 in order to construct a shopping plaza. Town Board referred to Planning Board on 7/6/05.
APPEARANCE: Mr. Gerald Buchheit, applicant and owner
Mr. Buchheit distributed and presented information regarding his proposed plan for vacant land located on the south side of Milestrip Road. The information presented includes a master plan for the entire Quaker Crossing project. He told the Board that Quaker Crossing South is ideally located in an area where traffic will not be complicated or interfere with the traffic patterns of commuters and the local residents. A traffic study has been performed for Quaker Crossing East and has been reviewed by the State of New York Department of Transportation. He further stated that Quaker Crossing has been an effective asset to this community. It has generated millions of dollars for the Orchard Park Schools and local property taxes, while creating no strain on town services. The south site will enhance the strength, stability and success of the existing Quaker Crossing. He feels that Quaker Crossing is a good neighbor, maintaining roadways, land, fields and litter far beyond the property limits.
Mr. Buchheit indicated that the property is bordered by utility right-of-ways, railroad tracks at the rear of the property and
vacant property. He told the Board that he feels the
intersection designed by former Town Engineer Michael Merritt will fit well with the new traffic patterns created with a left turning lane.
Mr. Murray noted that a correspondence was received from Mr. Ed Rutkowski of the D.O.T. dated August 8, 2005 stating that the Quaker Crossing South proposal will have a significant impact relative to the State Highway System and that additional information is needed, including a traffic impact study, before they can complete their review. He asked Mr. Buchheit if this reconciles with his concept of the process. Mr. Buchheit stated that it does. The Chairman noted that whether or not a traffic study is required will be the responsibility of the Town Board, as they will perform the SEQR review for this proposal. The Chairman stated that the Planning Board would not recommend on the requested rezoning until the SEQR process is completed by the Town Board.
Mr. Fabinsky asked Mr. Buchheit what he envisions as the full build out of Quaker Crossing. Mr. Buchheit told the Board that all buildings anticipated are on the presented plan. He further explained that there are utility easements on the east side of the property. Mr. Fabinsky asked Mr. Buchheit what his time line for occupancy of the plaza would be and Mr. Buchheit stated approximately two years. In addition, everything built would be block and brick and leasing would be available immediately. Mr. Fabinsky asked what the impact of the extended plaza would be on the McKinley Mall and the stores in the village of Orchard Park. Mr. Buchheit stated that the types of business that would occupy Quaker Crossing do not seem to interfere with village businesses. He noted that the Target store was a concern for Arthur’s, but he does not believe it hurt Arthur’s. He told the Board that the stores in Quaker Crossing East are a regional draw and an asset to the community.
Mr. Buchheit noted that his tenants are all quality tenants with a leasing term of 20 years. He also stated that the existing restaurants located in Quaker Crossing are up 30% in their business from the year before. The bank is doing well also.
Attorney Michael Wolf stated that this project is a Type 1 SEQR action, as the plaza exceeds 100,000 sq.ft.
The Chairman made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board declare itself lead agency for the 19.15 acres of vacant land on the south side of Milestrip Road and address an environmental impact statement. The
Planning Coordinator noted, “If you are going to say that then you must do a positive declaration, also”. The Chairman stated, “All right, then for the Town Board to issue a positive declaration, is that what you are saying?” The Planning Coordinator stated, “If you think that they need to seek lead agency status, they do that first, then when they are lead agency they would issue the positive declaration and require the E.I.S.” The Chairman stated, “Then why not just say positive declaration?” The Planning Coordinator stated, “You should”. The Chairman stated “I move to recommend that the Town Board issue a positive declaration?” “I don’t think so… at this point I just want the Town Board to have lead agency status and the potential significant environmental impacts identified should be:
1. Traffic impacts
2. Loss of Industrial Zoning
3. Police and fire manpower capabilities
ON THE QUESTION:
Junior Engineer Thomas Ostrander noted his opinion regarding several comments pertaining to the Board’s review of Quaker Crossing East.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
8. P.B. File #36-04, proposed Jim Ball Auto Center, Vacant land, northwest corner of Southwestern Boulevard and Mid-County Drive, Zoned B-2 Special Exception Use. Requesting a Building Permit to construct a new auto center facility, including a 12,000 sq.ft. car wash, service and accessory sales building and a 16,855 sq.ft. auto dealership building. Town Board referred to Planning Board on 3/2/05.
APPEARANCE: Mr. Marc Mussachio, Architect
Mr. Don Stoddard, Jim Ball representative
Mr. McGuire recused himself from voting in this case.
The Chairman told Mr. Mussachio that she understands a “for sale” sign is displayed on a building owned by Mr. Ball, located on Mid County Drive and that the property is being offered with as many acres as the buyer desires. She would like to know how Mr. Ball can make this offer when the property has not been excluded from the current site plan. Mr. Mussachio confirmed that a building is for sale located on one acre of the site and he told the Board that if purchased it would be segregated from the currently proposed site plan. He told the Board the initial intent was to convert the building into a dealership.
Junior Engineer Thomas Ostrander confirmed that his review of the project has been for the entire site. The Chairman told Mr. Mussachio that it is confusing to have him come before the Board and ask for approval for a building permit based on a site plan with a building that is now for sale.
Mr. Fabinsky noted that the size of the acreage sold may reduce the parking spaces and change a number of things on the plan.
“In a sense, this is now a different project than the one presented”. Mr. Mussachio explained to the Board why this is not the case and he pointed out that Mr. Ball was always going to phase the development. The Chairman asked why Mr. Ball would place the property for sale before approval is granted. Mr. Mussachio stated he did not know.
Mr. Bodden established that the intended use of the building now for sale was for a new car dealership, but presently it is used for offices.
Mr. McNamara noted that if five years from now the building is put up for sale and if there were no engineering or parking issues it would seem to him there would be no difference; and if the building were taken down in five years there would be additional parking added to the site. Junior Engineer Thomas Ostrander noted that if the parcel is divided into two properties a green buffer will be needed. He also stated that the proposed entrance will be impacted. However, given enough time and money anything can be engineered or re-engineered.
The Planning Coordinator reflected on the fact that when a
rezoning occurs the Town Board specifies that it is for “the plan,
as presented” and if the project is not carried forth per the presented plan, the property reverts back to the original zoning.
The Chairman noted that Engineering Department approval is pending the technical review of a permanent drainage easement that had been submitted on 8/3/05 to the Town associated with this site plan and Auckland Avenue. In addition the engineering department is waiting for the submission of a private drainage easement also associated with this site plan and a copy of the final approval from the Erie County Water Authority. Junior Engineer Thomas Ostrander stated that the Engineering Department does not grant conditional approval. He explained further what the engineering department is looking for regarding easement documentation.
The Chairman noted that the Board has been actively reviewing this project since March. She stated that she is not comfortable with having the “for sale” sign on the building and has concerns with not having the easements that are needed at this point in time.
Mr. Murray asked if the title showing ownership for the corner parcel is identical to the rest of the parcel. Mr. Mussachio stated that he did not know, but he stated Mr. Ball owns the building and the property. He believes that it was all incorporated into one parcel. Mr. Murray established with Mr. Mussachio that if the corner lot were to be for sale, the property would need to be subdivided and if a “change in use” occurs the review process would need to be revisited by the new owner. Mr. Murray requests that Mr. Mussachio provide verification to the Board of ownership of the entire property.
Mr. Mussachio pointed out that the property is larger than what they need and he told the Board that Mr. Ball would not sell property that would affect what he can do. The Chairman asked if the green space area will be compromised and Mr. Mussachio stated that it would not be.
Mr. Fabinsky noted that in the earlier material submissions the original proposal stated the request was for a new auto dealership. Now it states “new auto center facility”. It does not say “dealership” anymore. What is the difference? Mr. Mussachio stated both descriptions reflect the request which is for a new automobile dealership and car facility. Both buildings have been presented to the Board. Mr. Fabinsky noted that he shares Mrs. Biryla feelings regarding a portion of the property being for sale and the lack of easement verification.
The Chairman confirmed with Junior Engineer Thomas Ostrander that obtaining the discussed easements is significant. Engineering Department approval cannot be granted until proof is provided that the easements have been obtained. Mr. Mussachio discussed this further and he agreed that he will submit written approval from the Erie County Water Authority indicating to the engineering department to move forward with the project.
Mr. Murray established that this is not a one phase project. It was learned that the Phase I will be the two buildings, and the road. The back areas, described as Phase II could be developed by Mr. Ball or someone else.
Mr. Murray made a MOTION, seconded by Mr. Fabinsky to TABLE this case pending clarification of the legalities in association with the ownership of the corner property.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE ABSTAINED
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) ABSTANSION, THE MOTION TO TABLE IS HEREBY PASSED.
The Chairman discussed the 8’ high fence that the Conservation Board voted to have installed for buffering by Mr. Ball. She would like to know if Mr. Ball will be seeking a variance from the Zoning Board of Appeals in order to do so. Mr. Mussachio stated that he could not answer that question at this time, but that he would convey the information discussed to Mr. Ball and have a response for the Board by the next meeting.
There being no further business, the Chairman adjourned the meeting at 8:50 P.M.
DATED: August 17, 2005 Respectfully Submitted,
REVIEWED: September 7, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla,
Planning Board Chairman