Minutes of the February 9, 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, 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 January 12, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Bodden made the following correction to the minutes: On page 3, second paragraph regarding CRS Properties, the word “involved” should be replaced with “developed”.
Mr. Murray made a motion, seconded by Mr. Fabinsky, to ACCEPT the minutes of the January 12, 2005 meeting.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 7:30 P.M., Continuation of Public Hearing, P. B. Sub. File # 27-88, proposed Chestnut Ridge Village, Parts 6, 7 and 8, Vacant land as an extension of Breezewood Drive and Arrowhead Lane, Zoned R-2. Requesting Final Approval of a 101-lot subdivision. Preliminary Approval granted by the Planning Board on 3/8/89. Public Hearing adjourned on 12/8/04.
The Chairman called the Public Hearing to order.
IN FAVOR:
No response.
AGAINST:
No response.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to CLOSE the public hearing.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
APPEARANCE: Glenn Cooley, E & M Engineers
The Chairman noted that two correspondences have been provided to the Board; one from the D.O.T. to Tom Greenauer Development, Inc. acknowledging permission for a temporary access road onto the south side of Armor Duells Road and one showing proof of ownership of the Hoyler parcel.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to GRANT Conditional Final Plat Plan Approval to this 101-lot subdivision based on the submitted plat plan received 12/8/04 with the following conditions:
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. 7:30 P.M., Public Hearing, P.B. Sub. File #34-04, proposed Chestnut Ridge Village Hoyler Extension Subdivision, Zoned R-2. Requesting Preliminary Approval of a four-lot subdivision. Pre-Application Findings made on 12/8/04.
The Chairman called the public hearing to order.
IN FAVOR:
Mr. Glenn Cooley, E & M Engineers
482 South Cascade Drive
Springville, NY 14141-0159
Mr. Cooley stated that he is in favor of the project.
AGAINST:
Mr. Curt Simonsen
2 Symphony Circle
Orchard Park, NY 14127
Mr. Simonsen stated that he is not against the project, but explained to the Board that he would like a sign installed to identify the separate subdivisions “Woodwind Acres” and “Chestnut Ridge Village”. The Board discussed Mr. Simonsen’s request at length. Questions arose regarding whether another sign could be erected at the Chestnut Ridge Subdivision and where the signage could be located. Several members felt that it would set a precedent if they require the petitioner to install this signage, as this request has never come before the Board before.
Mr. McGuire made a MOTION, seconded by Mr. Bodden, to CLOSE the public hearing.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
APPEARANCE: Mr. Glenn Cooley, E & M Engineers
The Chairman noted that this project has received Engineering approval.
Mr. McGuire made a MOTION, seconded by Mr. Bodden, to GRANT Conditional Preliminary Plat Plan Approval to this four-lot subdivision based on the submitted preliminary plat plan received 12/31/04 with the following stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF, Parts One and Two, and a Negative Declaration is made on 2/9/05.
2. Public Hearing and Subdivision Development fees have been paid.
3. Recreation fees in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing.
4. One (1) street tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
5. Town Engineering Approval has been granted on 1/24/05.
ON THE QUESTION:
Mr. Murray confirmed with Mr. Cooley that no wetlands exist at this site.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman asked Mr. Cooley to attempt to have the requested signage installed. She told him that the Town of Orchard Park and the neighbors would appreciate this and that she is going on good faith that he will try to do so. Mr. Ostrander noted that the sign could be placed in an easement on a sublot.
The Chairman polled the Board regarding the signage question. The response was as follows:
Mr. McNamara stated that the Board loses leverage without having it stipulated to have the signage installed. He would be against approving the subdivision without requiring the signage.
Mr. Bodden stated that this is the first time the Board would be stipulating that signage be put in and he finds it ridiculous.
Mr. Fabinsky stated he is uncomfortable ignoring the neighbor’s concern and would not support an approval motion without the stipulation that a sign must be installed.
Mr. McGuire stated that this would set a precedent and give subdivisions the right to have a sign. He noted that this is only one individual from that neighborhood who is requesting the signage.
Mr. Murray stated that he does not object to not having the signage because he does not know what the Chestnut Ridge Village Subdivision is allowed regarding signage.
Mr. Majchrzak stated that the Board should be consistent and not set a precedent.
Mr. Bodden, made a MOTION, seconded by Mrs. Biryla, to WAIVE the Final Plat Plan Public Hearing.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bodden made a MOTION, seconded by Mr. McGuire to GRANT
Conditional Final Plat Plan Approval to this four-lot subdivision based on the submitted plat plan received on 12/31/04 with the following stipulations:
1. Conditional Preliminary Plat Plan approval was granted on 2/9/05.
2. A negative declaration was issued on 2/9/05.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation fees in accordance with Section 144-70E of the Town Code have been provided.
5. One (1) street tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
6. Town Engineering Approval has been granted on 1/24/05.
7. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
8. All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
ON THE QUESTION:
Mr. Fabinsky stated that he is here to serve the people. He believes that due diligence should be done with respect to Mr. Simonsen’s request and that it should not be brushed past.
Mr. McNamara stated that he believes they need to listen to the people in the neighborhood who pay taxes and not pass off their concerns.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY NAY
MC GUIRE AYE
MC NAMARA NAY
MURRAY AYE
THE MOTION BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
3. 7:30 P.M., Public Hearing, P.B. Sub. File #11-04, proposed Haskell One-Lot Subdivision, Zoned R-1. Requesting Preliminary Approval of a one-lot subdivision. Pre-Application Findings made on 4/14/04.
IN FAVOR:
Mr. Gregory Haskell
7636 Ellicott Road
West Falls, New York 14170
Mr. Haskell stated that he is in favor of the project.
AGAINST:
No response.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to CLOSE the public hearing.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
APPEARANCE: Mr. Gregory Haskell, petitioner
Mr. Haskell confirmed with the Board that this one lot subdivision involves 1.22 acres of land and that it is zoned R-1.
Mr. Murray reviewed with the petitioner that this split is the first one off of Mr. Haskell’s parcel to require subdivision approval and that the
remaining 45+/- acres of vacant land Mr. Haskell owns is being placed in a 15-year Conservation Easement.
Mrs. Biryla confirmed with the petitioner that the lot has more than enough frontage and that it will be situated on a public road.
Mr. Fabinsky made a MOTION, seconded by Mr. McNamara, to GRANT Conditional Preliminary Plat Plan Approval to this one-lot subdivision based on the submitted preliminary plat plan received 4/1/2004 with the following conditions:
1. This is an Unlisted SEQR action based on the submitted Short EAF Parts 1 and 2 and a Negative declaration is made on 2/9/2005.
2. Public Hearing and Subdivision Development fees have been paid.
3. Recreation fees in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing.
4. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
5. Town Engineering Approval has been granted on 1/26/2005.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to WAIVE the Final Approval Public Hearing.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. McGuire made a MOTION, seconded by Mrs. Biryla, to GRANT Conditional Final Plat Plan Approval to this one-lot subdivision based on the submitted plat plan received 4/1/2004 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on 2/9/2005.
2. A negative declaration was issued on 2/9/2005.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation fees in accordance with Section 144-70E of the Town Code have been provided.
5. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
6. Town Engineering Approval has been granted on 2/7/2005.
7. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
8. All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #37-04, The Hammocks at Orchard Park, east side of Orchard Park Road, south of Southwestern Boulevard, Zoned R-3. Special Exception Use. Requesting Planning Board approval of identification signage.
APPEARANCE: Mr. Andrew Spencer, BME Associates
Mr. Spencer confirmed that the identification signs being requested is the same sign the Planning Board saw at its October meeting and that it received a variance from the Zoning Board of Appeals on 1/18/05.
The Planning Coordinator reminded the Board that in addition to requesting approval of the identification signs, the petitioner also requests permission to redesign the two existing directional signs and to relocate one of them so as to not interfere with the new identification signs.
Mr. Spencer stated that the Enter sign will be moved approximately six feet away from its current location and that both signs will be smaller than they are at the present time.
Mr. McNamara made a MOTION, seconded by Mr. Bodden, to GRANT approval of two (2) dwelling group identification signs along the corner of Orchard Park Road and the access drive to The Hammocks based on the submitted plans received 1/28/05. In addition, two redesigned directional signs are approved, one of which will be relocated so as to not interfere with the new identification sign. The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. 2 dwelling group identification signs are approved and permitted by Section 144-37B(1) of the Town Code. In addition, 2 redesigned directional signs are approved and permitted by Section 144-38H of the Town Code.
3. The dwelling group signs measure 2’10” high by 7’6” wide with a maximum overall height of 60”. The directional signs will indicate “Enter” and “Exit” .
4. The group dwelling identification signs will be illuminated and the directional signs will not be illuminated.
5. The signs will be located per the approved location plan dated 1/28/05.
6. Per the Zoning Board of Appeals January 18, 2005 meeting, when the identification signs are erected and the word “Hammocks” appears, all temporary signs must be removed (i.e. the construction sign and the signs with the flags).
7. A permit fee shall be paid in accordance with Section 144-70A(1).
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P.B. File #5-05, Lowe’s, Crossroads Centre, south side of Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of outside display.
APPEARANCE: Bob Estes, Lowe’s store manager
Mr. Estes presented a plan to the Board showing the types and locations of items Lowe’s hopes to display outside. Included would be eleven sheds and no more than twelve trailers displayed along the backside of the store. In addition, along the front of the store there would be displays of flowers (seasonal) on tables, an outdoor fence display, grills and tractors (seasonal) and commodity items under a commercial canopy.
Mr. Fabinsky expressed concern regarding how neatly the trailers would be parked. Mr. Estes replied that a chain is installed running through each trailer so that they are parked straight in a row. Mr. Fabinsky stated that sometimes the Board approves outside display under the assumption that it will look a certain way, only to find that later on the display does not look as it was originally presented. He would like to approve the outside display for a certain period of time and then re-review the situation.
Mr. McNamara asked if Christmas trees will be sold at Lowe’s. Mr. Estes replied in the affirmative, noting that they will be inside the garden area.
Mr. McGuire made a MOTION, seconded by Mr. Fabinsky, to APPROVE the requested outside display based upon the plan presented to the Board on 2/9/05 for a period of one (1) year with the following stipulations:
ON THE QUESTION:
Mr. Murray asked if any additional lighting is planned. Mr. Estes replied that there is no additional lighting proposed.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. P.B. File #4-05, Dominic Corto, 4063-4065 North Buffalo Road, Zoned B-3. Requesting a Change In Use from retail to spa. Town Board referred to Planning Board on 2/2/05.
APPEARANCE: Mr. Dominic Corto, petitioner
Mrs. Peggy Corto, petitioner
Mrs. Biryla confirmed with the petitioners that the intended use is a spa, as opposed to a beauty salon. She also noted that the petitioner has an adequate number of parking spaces on the site.
Mr. Murray asked the petitioners if they would be the sole operators of the business. Mr. Corto responded in the affirmative, noting that they would hire people to work at the new site.
Mr. Corto inquired about a new sign he would like to install. The Chairman informed him that he must get a sign permit from the Building Inspector’s office.
Mr. Bodden made a MOTION, seconded by Mr. McNamara, to recommend that the Town Board APPROVE the requested Change In Use at 4063-4065 North Buffalo Road from retail to spa based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short EAF, Parts One and Two, and a negative declaration is recommended.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
7. P.B. File #1-05, Old Orchard Woodlands, Inc., Vacant land, east side of North Buffalo Road, north of 3605 North Buffalo Road, Zoned B-3 and R-2. Requesting open area development, pursuant to Town Law Section 280-A, for a proposed subdivision. Town Board referred to Planning Board on 1/19/05.
APPEARANCE: Mr. Peter Sorgi, Renaldo Palumbo, Attorneys
Mr. William Schutt, Wm. Schutt & Associates
Mr. Schutt noted that this project is on the agenda with two separate requests. One is for the open development area and the other is for a rezoning of a small part of the parcel. He explained that the project proposed (Williamsburg Commons) is an 18-lot subdivision on 14 +/- acres just north of Shannor Electric on North Buffalo Road, south of Milestrip Road.
Mr. Schutt explained that the request for open development area arises from the desire of the project sponsor to build the subdivision on a private road. A Homeowners’ Association would own the road. The private road is desired in order to install certain amenities and achieve a certain ambiance that cannot be provided if a public road is built. Examples of these amenities include sidewalks, architectural features such as special signage and a large green area inside of the rectangular cul-de-sac proposed. All of the lots would conform to the R-2 zoning regulations and none would need a variance for lot size or setbacks.
Mrs. Biryla stated that, although the Planning Board recommends to the Town Board on the granting of the open development area, any stipulations or conditions placed upon the granting of the request come from the Planning Board, per New York State Law. She further stated that the Planning Board would want the road built to Town specifications, even though it would be a private road. Mr. Schutt replied that the thickness of the road would be to Town specifications.
Mr. Schutt informed the Board that the Public Safety Committee reviewed this request. They suggested the width of the proposed road be made larger. The developer has agreed to widen the road based on
this input. Widening the road will allow for emergency vehicles to safely access the homes. Mr. Schutt also confirmed that fire hydrants would be installed, as well as street lighting.
Mrs. Biryla noted that the Planning Board would want to review the
proposed Homeowners’ Association document. Mr. Wolf stated that the New York State Attorney General’s office reviews all of these documents to insure that all services will be provided to the homeowners and that there is enough reserved capital to provide the services. He does not feel that the Board would need to review the Homeowners’ Association document.
Mr. Ostrander explained to the Board the differences between public and private road specifications, including cul-de-sac radii. It was discussed that Town snowplows are much bigger than private snowplows would be and that traffic moves slower on a private road. It was also determined that there is enough width for a school bus to travel on the road, if necessary.
Mrs. Biryla read to the Board the letter received from the Public Safety Committee, noting that that committee recommended that the road be 26’ wide, which the developer has agreed to.
Mr. Murray asked the petitioners why they settled on R-2 zoning for this proposal. Mr. Schutt replied that the developer did not want to rezone the property, thinking that it would be better to work within the confines of the current zoning. Mr. Murray also asked if the developer intends to build homes that are the minimum square footage required for an R-2 zone, or if he intends to build homes larger than the minimum required. Mr. Sorgi replied that he believes the intention is for the homes to be larger than the minimum square footage required.
Mr. Murray stated that the homes proposed look like patio homes to him. Mr. Sorgi replied that his recollection is that the homes are proposed to be up to 2,500 sq.ft. in size. Mr. Sorgi also stated that the difference between patio homes and what this developer is proposing is that patio homes are very close to one another and these homes are proposed on actual lots of their own. Mr. Murray stated that t