Minutes of the January 12, 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 December 8, 2004 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 December 8, 2004 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. P.B. Sub. File #6-04, proposed Armor Knoll (formerly Armor Ridge Estates) subdivision, Vacant land, northwest corner of Armor Duells Road and Duerr Road, Zoned R-2. Requesting that the Planning Board authorize the Chairman to schedule a Preliminary Public Hearing for a
12-lot subdivision when all requirements have been met. Pre-
Application Findings Review made on 4/14/04.
APPEARANCE: Mr. Michael Borowiak, Nussbaum & Clarke
Mr. Borowiak presented an updated site plan to the Board for their review. He explained to the members that the drainage basin has been located closer to the road and that no other changes have been made. However, his client requests that the subdivision be renamed, “Armor Knoll”. There were no objections to the renaming of the subdivision.
Mr. Murray made a motion, seconded by Mr. Bodden to AUTHORIZE the Chairman to set a public hearing when she deems appropriate.
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. P.B. Sub. File #29-95, proposed Pineview Gorge subdivision, Vacant land, east side of Scherff Road, Zoned R-1. Requesting that the Planning Board schedule a Final Public Hearing for a five-lot subdivision for February 9, 2005. Preliminary Approval granted on 2/16/2000.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen
Mr. Michael Sherk, applicant
Mr. Joseph Macaluso, applicant
Mr. Pidanick briefly explained the history of this project for the benefit of the members who were not on the Board at the time preliminary approval was granted. The site consists of 9.24 acres and 5 lots are proposed with a single cul-de-sac. The project had been abandoned by the original developer, Chi Fu. The present owner, F & D Construction is under contract to sell the property to Mr. Sherk & Mr. Malcaluso. Mr. Pidanick stated that the project has not changed; only updates are required for the sewer and water. He also told the members that the cul-de-sac design has been grandfathered. Confirmation of this fact will be sought from Town Engineer Wayne Bieler.
Mr. Fabinsky made a motion, seconded by Mr. Bodden, to AUTHORIZE
the Chairman to schedule a Public Hearing when she deems appropriate.
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.
3. P.B. File #3-04, CRS Property Services Co., LLC, 13.91 acres of vacant land, north side of Milestrip Road, east of Provincetown Lane, Zoned R-3. Requesting rezoning from R-3 to S-R to construct an affordable senior housing facility. Town Board referred to Planning Board on 1/7/04. Tabled by the Planning Board for SEQR review on 2/11/04.
APPEARANCE: Mr. Sean Hopkins, Attorney
Mr. Doug Brackett, EDR
Mr. Skip Cerio, CRS applicant
Mr. Hopkins gave a brief overview of the project describing the initial concept plans that had been presented to the Board in 2004. He explained that the suggestions of the Board were taken into consideration and that “Plan 3” is based on their concerns.
Mr. Hopkins told the Board that the senior housing complex would have 119 units, and that approval of five residential lots will be sought at a later date. In addition, twelve acres of the site will be placed into permanent open space. The plan for this will need to be discussed with the Town of Orchard Park. The rezoning request involves twelve acres of the site, leaving almost 20 acres that would not be involved. After development, approximately 75% of the site will either be permanent open space, green space or landscaping.
Mr. Hopkins told the members that Mr. Doug Brackett of EDR has performed a comprehensive wetlands delineation for the 31-acre site. The study indicates that a total of 5 small Federal wetland areas exist, totaling 1.5 acres. Mr. Brackett indicated on the plan where these wetland areas exist. He told the Board that the Corp is in the process of determining jurisdiction.
Mr. Hopkins explained to the members that the impact on the wetland areas is primarily where the stream would be crossed and an area of the road. However, the construction of the proposed roadway over the stream corridor is necessary, as there is no other way to develop the project. A permit will be obtained from the Army Corp of Engineers, who typically prefer mitigation on the site. Mr. Hopkins told the Board that any small wetlands located on the residential sites would be preserved.
Mr. Hopkins addressed the archeological concerns. He told the Board that the discovery of a single Indian artifact at the site prompted an in-depth study. Documentation was provided to the New York State Office of Parks Recreation and Historic Preservation (SHIPPO). This Office has issued a letter of clearance for the project.
Mr. Hopkins told the Board that a private road is being proposed in order to eliminate the concerns of creating additional costs to the Town of Orchard. He noted that the Highway and Police Departments had been contacted for their comments regarding this proposal and the response from both departments did not contain any objections. The applicant would be responsible for its cost and future maintenance.
Mr. Hopkins described the Senior Housing complex to the members. He told them it would consist of 119 units; 85 1-bedroom units and 34 2-bedroom units. Rent is based on Federal regulations. A resident must be below the threshold established by the Federal government, which would be 50% of the median income of the area. Mr. Hopkins stated that the projected maximum yearly income for a single individual would be approximately $23,392.00; a two-person household would be $26,735 per year. He further stated that this is not subsidized housing. The rent level will be affordable for these incomes and the same for each individual. The rents will be approximately $555 and $660 per month. Final numbers have not been established. They will be determined when approval is received and financing is in place.
Mr. Hopkins told the Board that the applicants have met with various agencies and that a letter received from the D.E.C. indicated that the proposed project could move forward. Mr. Hopkins noted that further discussions would be held with the D.E.C. regarding New York State storm water regulations and the steam crossing. Mr. Hopkins stated that the D.E.C. did not express concerns regarding the stream crossing, but that he wanted the Board to know that the applicant regards the stream crossing as a serious aspect of the project. He is proposing to have no impact on the stream crossing by not constructing structures, piles or beams in the waterway. It is his desire to preserve the stream corridor in its entirety. A comprehensive drainage study will be prepared in compliance with the Town’s stringent requirements. This study will show conclusively that after development, the run-off would not be any
worse than the existing condition.
Mr. Hopkins noted that the applicant believes that this is an excellent land use. He understands that there will be some opposition. However, this is private undeveloped property. He believes this proposal is better than what could be developed here, such as an 80-lot residential subdivision. A subdivision would generate more traffic and be more problematic, in terms of its impact on the school system. Mr. Hopkins explained that by having 119 senior housing units, the maximum number of vehicles during the peak hour would only be 18 - 19 vehicular trips. A subdivision would generate 88 vehicular trips. Mr. Hopkins noted that Mr. Cerio has a successful business history with his development of two other facilities located in Amherst, “Hopkins Court” on North French & Hopkins Road and “St. Mary’s” on Mill Street.
The Chairman established with Mr. Cerio that it would cost $12.5 million dollars to develop the proposed project. A discussion regarding various related tax information established the following; the project will lease to low income individuals and tax credits will be awarded. The property will be initially assessed on the income brought in and not the value of the property. Because the residents will be 55 years and older, children will not be an issue. The two other existing facilities that Mr. Cerio has developed have almost no demand for educational services and more than 80% of the residents are widowed females. The Chairman asked Mr. Cerio if he could provide a projected figure that the Town of Orchard Park would receive from this project. Mr. Cerio stated that he had not brought this information with him, but that he would forward this information to the Board. He told the members that the tax credits awarded will decrease each year and that eventually the site would be responsible for full taxes. Mr. Cerio anticipates that this will occur in approximately 20 years.
Mr. Murray noted that Milestrip Road had been under construction during 2004 and that the volume of traffic was reduced, which might have rendered a traffic count unreliable. Mr. Hopkins stated that he could not provide information for an exact traffic count because they had not had this analyzed. Mr. Hopkins told the members that the New York State Department of Transportation and Erie County Department of Public Works agreed in verbal conversations with the applicants that a full traffic impact study was not necessary as it was felt that the number of new trips generated by the project would be low. The traffic impact information provided by “Clough, Harbour & Associates” in a correspondence dated May 3, 2004 was arrived at by using a computer generated system. The figure of 18 - 19 vehicular trips is based on “threshold figures” contained in the Institute of Transportation Engineers “Traffic Trip Generation Manual”.
Mr. Fabinsky stated that he feels that at some point there needs to be a
traffic study with data to base their projections on. Mr. Hopkins noted that any updated traffic studies would arrive at the same 18 – 19 vehicular trip figure.
Mr. Murray told Mr. Hopkins that the stacking of traffic concerns him. He would like an accurate study performed for the proposed project. He also told Mr. Hopkins that a discrepancy exists in the explanation for the demand for senior housing. The threshold of income was not used as one of the requirements, making the figure over-inflated in the need statement. Mr. Murray stated that he would like to see the need statement clarified. Mr. Hopkins stated that this is a good point. Nevertheless, the applicant will still be 7 to 8 times over what they need to be. Mr. Murray, also, noted that on page 15 of a submittal dated 1/3/04, the need statement indicates that there is no government regulation. Mr. Murray stated that he feels that this is an odd statement to make. He noted that there are all sorts of regulations noted in another document, and that even this evening, it has been mentioned that that the New York State Bureau of Housing has requirements for their approval. Mr. Hopkins responded that what should have been written was that there would be no medical supervision or healthcare related agency that regulates that aspect of the individual’s lives. He apologizes for this error.
Mr. McGuire stated that his mother had lived in a similar facility in Orchard Park. He observed this facility for over a six-year period and he knows the information presented to the Board to be factual. He observed that the residents were 55 years of age and older, mostly widowed women, and that approximately 20% of them were couples or males. The traffic generated was low and few of the residents had their own vehicles. Mr. McGuire believes that there is a need for this facility and he finds the green space being provided as a nice option versus having a subdivision built here. Mr. McGuire further stated that he feels a subdivision would change the character of this rural area.
Mr. Fabinsky further discussed the tax credits that would be allowed for this property, versus what the actual taxes on the property would be if the full market value of the property were considered. Financing particulars for the project were also discussed in further detail. It was learned that the rental fees are set by the Government and that the applicant cannot arbitrarily change the rental fees if operating costs rise.
The Chairman noted that she has had experience with facilities like the one being proposed. She feels that nineteen vehicles will not leave at the same time and that most of the residents do not have a vehicle. Therefore, she does not believe that there will be a problem with traffic
due to this facility and she is not in favor of the Board requesting a full traffic impact study.
Mr. Hopkins noted that they are relatively sure about the traffic that this project will generate because of their experience with the other two facilities.
Mr. Fabinsky spoke regarding the private road. He established that the applicant would contract out services such as snow plowing and would maintain this road. In terms of the green space area, 12 acres will be permanent open space. Mr. Hopkins stated that the applicants have agreed to make every effort to preserve as much of the vegetation as possible. They, also, will have a tree survey performed by an arborist. Mr. Fabinsky stated that he believes that the Conservation Board would have ideas on how to preserve green space.
Mr. McNamara stated that he would like to know what taxes would be generated for the Town from this project. He understands that there will be no burden on the school system; but the Town would be receiving less tax money. He would like to know if there are other services and costs that would be incurred to the Town of Orchard Park from this project and how much this would be costing the Town. Mr. Cerio stated that he would provide a letter in response to this question.
The Chairman told the applicants to provide the requested information to the Town Board, as they will make the final decision on the rezoning.
Mr. McGuire made a MOTION, seconded by Mr. Bodden, to RECOMMEND that the Town Board approve the requested rezoning from R-3 to S-R in order to construct an affordable senior housing project 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. Acreage fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plan and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
4. The Town Board is to be presented with the tax information as requested by the Planning Board.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MC NAMARA AYE
MURRAY NAY
THERE BEING FIVE (5) AYES, AND ONE (1) NAY, THE MOTION IS PASSED.
There being no further business, the Chairman adjourned the meeting at 8:38 p.m.
DATED: January 10, 2005 Respectfully Submitted,
REVIEWED: January 12, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla
Planning Board Chairman