Minutes of the December 14, 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 Philip Murray Eugene Majchrzak, Alternate
EXCUSED: John Bernard
William McNamara
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. She noted that Alternate Board Member Gene Majchrzak would be voting this evening as a full member, as regular Board Members Mr. Bernard and Mr. McNamara are not present.
Upon a motion duly made and seconded, the reading of the minutes of the November 9, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a MOTION, seconded by Mr. Bodden to accept the minutes of the November 9, 2005 meeting.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
1. P.B. File #24-05, Parkland Professional Park, 3085 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct an 18,000 sq.ft. office building. Town Board referred to Planning Board on 5/18/05. Tabled by the Planning Board on 11/9/05.
APPEARANCE: Mr. Daryl Martin, Architect
Mr. Marty Winnert, Developer
The Chairman noted that this request had been tabled last month pending receipt of the NYSDEC acknowledgement and approval of the storm water pollution prevention plan. This was received and Engineering approval was granted on 12/6/05 for the project.
The Chairman confirmed that the Board members had no further questions.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board AUTHORIZE a Building Permit for an 18,000 sq. ft. office building and approve the site plan received 11/9/05 based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Long EAF and a Negative Declaration is recommend based on the submitted Long EAF, Parts One and Two.
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 prior to the receipt of a Building Permit.
6. Town Engineering Approval has been granted on 12/6/05.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
2. P.B. File #8-05, North Forest Development, Vacant land, west side of Redtail Road, Zoned I-1. Requesting a Building Permit to construct two multi-tenant buildings totaling 31,000 sq.ft. Town Board referred to Planning Board on 2/16/05. Tabled by the Planning Board on 11/9/05.
APPEARANCE: Mr. Roy Jordon, North Forest Development
The Chairman noted that this request had been tabled last month pending receipt of the NYSDEC acknowledgement, approval of the storm water pollution prevention plan and a revised lighting plan. A problem with the RPZ existed. This was resolved and Engineering approval was granted on 12/14/05. Mr. McGuire reviewed the revised lighting plan and found it to be acceptable.
The Chairman confirmed that the Board members had no further questions.
Mr. Bodden made a motion, second by Chairman Biryla, that the Town Board authorize a Building Permit for two muti-tenant buildings totaling 31,000 sq. ft. and approve the site plan received 10/12/05 based on the following conditions and stipulations:
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
3. P.B. File #29-05, Buffalo Niagara Court Center, Inc., Vacant land at the end of Weiss Avenue, Zoned R-3. Requesting rezoning of a portion of the property from R-3 to B-2 in order to construct an indoor volleyball center. Town Board referred to Planning Board on 10/5/05. Tabled by the Planning Board on 11/9/05.
APPEARANCE: Mr. Gary Hill, Buffalo Niagara Court Center
Ms. Terry Myers of LBM Construction
Mr. Hill told the Board that prior to tonight’s meeting he met with area residents regarding the proposed project. The presented plan has been revised to address both the Board’s and neighbor’s concerns.
Ms. Myers discussed the revised plan further, noting that the building is further from Boldt Court and relocated in a low area. This relocation aids in diminishing the view of the building for the area residents. Also, the rezoning line has been revised to include the maximum development. There is no remaining developable area contained in the rezoning request. The project will be completed in two Phases. A total of 313 parking spaces can be installed. The number of proposed parking spaces meets the ordinance requirements. However, Ms. Myers indicated that
initially, 180 parking spaces would be installed, with 133 parking spaces remaining in reserve for when they are needed.
Mr. Bodden asked Mr. Hill to report the outcome of his meeting with the residents. Mr. Hill stated that the meeting was positive. He noted that the resident’s raised concerns regarding visual buffering and lighting. Mr. Hill told the Board that he will meet with Mr. Grotke to discuss developing a berm along the property line and the planting of pine trees. Mr. Hill noted that to establish better buffering, he would be willing to plant the trees on Mr. Grotke’s property, if allowed. The neighbor’s expressed the fact that if Mr. Hill did not purchase and develop the property they had concerns with it being combined at some point in time with Mr. Grotke’s property for some form of housing development.
Mr. McGuire noted that the revisions made to the plan have addressed the concerns of the Board voiced at the November 2005 meeting.
The Chairman confirmed that the applicants feel the proposed parking is adequate based on the fact that the center will not be used for a school’s team use. Although it may be use by the Catholic School system, the primary use will be with outside groups.
Mr. Fabinsky made a MOTION, seconded by Mr. McGuire, to recommend that the Town Board APPROVE the requested rezoning from R-3 to B-2 in order to construct an indoor volleyball center based on the following conditions and stipulations:
ON THE QUESTION:
The Chairman explained to the applicants that if the Planning Board recommends the rezoning request be granted, the Town Board will schedule a public hearing to enable the neighbors to provide their input regarding the rezoning request.
Mr. Hill discussed his current negotiation to purchase adjacent property from Bally’s. He would like to have parking re-located to that area if it is purchased, noting that it would be more favorable to have the parking location at this area with regards to the neighbors. The Chairman told Mr. Hill that she did not feel this is a problem. It would be advantageous for the neighbors. She complimented Mr. Hill for his efforts in speaking with the neighbors. In addition she requests that he contact Mr. Grokte regarding the berm and pine trees.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
4. P.B. File #35-05, Jeremy Lindstrom, 3776 North Buffalo Road, Zoned B-3. Requesting a Change in Use from residential to business in order to operate a chiropractic practice. Town Board referred to Planning Board on 12/7/05.
APPEARANCE: Dr. Jeremy Lindstrom, petitioner
Dr. Lindstrom explained his desire to convert a residential home he purchased to commercial use. He told the Board that he would like to operate his chiropractic practice from this location and that he would have one assistant. He further told the Board that future plans include having a wellness center with a massage therapist and also a beauty salon. The Chairman discussed having these types of businesses with Building Inspector Andrew Geist, who confirmed that both businesses are allowed in a B-3 zone. The Board discussed the request further and concluded that a sketch plan detailing parking must be submitted to the Board for review. Dr. Lindstrom stated that he is proposing to have 3 parking spaces. He told the Board that the property has a two-car garage. He also feels parking is available behind the garage and in the driveway. The Chairman noted that she does not feel that 3 parking spaces are adequate for the chiropractic practice, alone. Chairman Biryla stated, “The last thing we want is parking on Orchard Park Road”.
The Chairman made a MOTION, seconded by Mr. Fabinsky, to TABLE this case pending the submission of a sketch plan indicating parking spaces that will be needed for the present and any future expansion.
ON THE QUESTION:
The Chairman told Dr. Lindstrom that she would like a detailed sketch indicating the number of proposed parking spaces and where they will be located. Parking must be considered for the future business expansion noted. It was learned that the Conservation Board is not requiring the applicant to appear before them.
Mr. McGuire told Dr. Lindstrom to consult with Building Inspector Andrew Geist regarding the required number of parking spaces.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
5. P.B. File #34-05, Avis Rent a Car, 6494 Lake Avenue, Zoned B-2. Requesting a Change in Use from retail use to a car rental business. Town Board referred to Planning Board on 12/7/05.
APPEARANCE: Ms. Anne LoMonaco, Development Manager
Mr. Joseph Donelly, Avis Car Rental
Mr. Vincent Lucci, property owner
The Chairman told the applicants that the location being proposed for the Avis Car Rental facility is in a highly visible entrance corridor of the Town of Orchard Park. She voiced her concerns regarding vehicles parked here and traffic concerns. Ms. LoMonaco explained that the vehicles will be current year models and that the traffic concerns could be addressed by utilizing both Orchard Park Road and Lake Avenue. A separate entrance and exit could be implemented. She told the Board that at peak times and during the day vehicles are rented, leaving fewer vehicles parked.
Mr. Bodden established that signage will be adapted to the existing sign located on the building and a pedestal sign located in the parking lot area. In addition, both the parking lot and building will be refurbished. Mr. Bodden feels it is a positive move to have current year vehicles parked here. He further stated that there will always be vehicles parked here and traffic concerns, no matter what business is allowed. He further stated that he has no objection to the request, but that he would like to see the site refurbished and landscaped properly.
The Chairman noted that the Conservation Board tabled this request pending the Planning Board’s recommendation regarding the Change in Use. During their review they also discussed having a 10’ x 20’ asphalt area removed and reserving this area for green space. If the Planning Board recommends the Change in Use a revised landscape plans must be submitted for the Conservation Board’s review.
Mr. Fabinsky noted that his concern deals with the site being made more ascetically pleasing. Ms. LoMonaco explained to the members that Avis takes pride in their facilities and this site
will be brought up to the high standards that they maintain with their other locations. There will be one logo on the building and one on the existing pylon sign utilizing the existing configurations. Ms. LoMonaco anticipates an average rental day to be approximately 15 vehicles. She does not feel the traffic will be increased greatly from this business operation. She also told the Board that as needed, vehicles will be sent to the “Delta
Sonic” car wash across the road. The vehicles will not be maintained at the site.
Mr. Majchrzak established that the proposed Avis Car Rental is not a franchise but, rather a corporate office. Avis will occupy the entire building.
Mr. Murray requests that a traffic study be performed.
Mr. Vincent Lucci, owner of the property, briefly explained to the Board that he feels this is the best use for the property based on the history of other businesses that have failed at this location. He noted that the proposed Avis Car Rental would create far less traffic concerns than having a restaurant located here. He told the Board that he has turned away several restaurants interested in leasing the site. He believes that 100 to 150 vehicles would use the site and that the Board would not want traffic of that magnitude created for the site.
Ms. LoMonaco told the Board that Avis Car Rental will not have vehicles entering and exiting in a consistent manner all day long. There is a down time that occurs with rental time periods.
Mr. McGuire established that the applicants have no plans to increase lighting at the site. Mr. McGuire noted that he supports the request as it is positive to see the site move into corporate directions and be occupied.
The Chairman confirmed that Avis Car Rental will be leasing the building and not purchasing the site from Mr. Lucci. In addition, Avis will maintain the landscaping.
Mr. Bodden noted that, currently, the site is not aesthetically pleasing. He supports having a reputable corporate company here that will improve the corner. He further compares the minimal amount of traffic that will occur, being it is retail, versus having another business here. To him, “this is a win/win situation”.
Mr. Bodden made a MOTION, seconded by Mr. McGuire, to recommend that the Town Board APPROVE the Change in Use Request from retail to a car rental business.
THE VOTE ON THE MOTION BEING:
BIRYLA NAY
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY NAY
THE MOTION TO RECOMMEND APPROVAL BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
The Chairman noted that the applicant must return to the Conservation Board with a revise landscaping plan before they appear before the Town Board.
6. P.B. Sub. 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. Tabled by the Planning Board on 11/9/05.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen, Inc.
The Chairman explained to Mr. Pidanick that the Board has determined that they will treat this request as a new petition based on the fact that the connection initially shown on the original site plan is not shown on the current site plan. She reported that the Town Engineer strongly recommended a connection. Letters from the Highway Superintendent, Police Chief, and Public Safety Commission have all recommended having a connection. The Chairman stated that as a long time planner, based on the information gathered, she would find it difficult moving this forward with no connection.
The Chairman made a MOTION, second by Mr. Fabinsky, to DENY based on the reasons explained.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION TO DENY IS UNANIMOUSLY PASSED.
5. P.B. Sub. File #40-94, proposed Pleasant Acres West subdivision, Vacant land, north side of New Taylor Road, Zoned R-2 and R-3. Requesting Preliminary Approval of a 98-lot subdivision. Revised Pre-Application Findings made on 10/9/96.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen, Inc.
Mr. Pidanick told the Board that the petitioner would like to have an extension to the forty-five day time limit in Section 121-10 of the Town of Orchard Park code. He requests an extension of two months.
The Chairman made a MOTION, seconded by Mr. Bodden, to TABLE this case per the request of the applicant.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
The Chairman introduced several Orchard Park High School senior students that were present. It was learned that they were fulfilling their AP Government class duties by attending the meeting.
Chairman Biryla thanked the Board for the cooperation and support they have given to her as she is leaving her position as Chairman of the Planning Board. The Board Members applauded Mrs. Biryla for her outstanding leadership and dedication shown while serving as Chairman.
There being no further business, the Chairman adjourned the meeting at 8:40 P.M.
DATED: December 21, 2005 Respectfully Submitted,
REVIEWED: December 21, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla,
Planning Board Chairman