Minutes of the July 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 William McNamara
Philip Murray Eugene Majchrzak, Alternate
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
David Holland, 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 June 8, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Bodden made a MOTION, seconded by Mr. Bernard to accept the minutes of the June 8, 2005 meeting.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE IS UNANIMOUSLY PASSED.
1. P.B. File #11-05, David Smith, 15 Errington Terrace, SBL#161.11-2-13.14, Zoned R-3. Requesting Home Occupation in order to operate a small gun business out of the residence. Town Board referred to
Planning Board on 3/16/05. Tabled by the Planning Board on 6/8/05.
APPEARANCE: Mr. David Smith, applicant
This case was tabled at the June 8th meeting in order for the Board to further review the “Home Occupation” ordinance in relation to this request.
The Board re-established with Mr. Smith that he would have a gun inventory of approximately 20 to 25 long guns at the residence. In addition, 15% of his sales would occur at the residence, with the remaining 85% taking place at shows. Mr. Smith is employed full time and has been involved in retail gun sales for approximately three years. He told the Board that his employer transferred him to New York State and that he is required to have an address in order to be granted a license to sell firearms at guns shows. Attorney Michael Wolf told Mr. Smith that the fact that sales will take place at a gun show is not relevant to the Board in their determination of whether his request meets the “home occupation” ordinance. Building Inspector Andrew Geist read the ordinance for “home occupation” to the Board. It was noted that the ordinance was established to keep businesses inside a residence so that they would not operate on the outside, such as on the front lawn area.
Mr. Bodden established that the long guns for sale would include some antiques and military rifles. Although he will not be selling pistols at this time, Mr. Smith has applied for a personal pistol permit. He told the Board that if he decides at a future date to sell pistols he would re-apply to the Board if required. Mr. Smith told the members that the gun inventory would be stored in a virtually impervious 10’ x 10’ gun safe. Mr. Smith has three children residing in the home and only he and his wife are able to access the gun inventory by using a combination lock.
Mr. Fabinsky stated that he has concerns involving safety and whether this type of business will make Mr. Smith’s neighbors uncomfortable. He noted that if recommendation for approval is given, the Town Board will schedule a public hearing and Mr. Smith’s neighbors will be notified of this request, at which time the residents will be able to voice their opinions.
Mr. Bodden made a MOTION, seconded by Mr. Bernard to recommend the Town Board APPROVE the request for a Special Exception Use permit for a Home Occupation in an R-3 zone to operate a small gun business out of the residence based on the submitted letter of intent received on 3/10/05 and on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
3. The recommendation is contingent upon the applicant completing the project as proposed in the letter of intent received on 3/10/05, and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
4. The proposed project is in compliance with the Town's long range comprehensive plan.
5. The applicant has demonstrated a need for the project.
6. The project is compatible with adjoining land uses and proposed developments, and will have a negative impact on the adjacent land value or public safety.
7. Free area for recreation has not been provided is not required.
8. The nearness and impact on schools and utilities is not an issue.
9. The health and safety of adjacent properties is not affected.
10. If the applicant seeks a change in his license status he must reapply.
ON THE QUESTION:
The Chairman noted that she is against assault weapons and she would be voting nay.
THE VOTE ON THE MOTION BEING:
BIRYLA NAY
BERNARD AYE
BODDEN AYE FABINSKY NAY
MCGUIRE AYE
MC NAMARA AYE
MURRAY NAY
THE VOTE BEING FOUR (4) IN FAVOR AND THREE (3) AGAINST, THE MOTION IS HEREBY PASSED.
2. P.B. File #16-05, Moe’s Southwest Grill, Crossroads Plaza, Zoned B-2. Requesting Planning Board approval of outside seating. Tabled by the Planning Board on 6/8/05.
APPEARANCE: Mr. Brad DeGrazia, franchise owner
This case was tabled at the June 8th meeting to provide an opportunity for Mr. DeGrazia to submit a scale drawing, prior to the Board’s July work session depicting the layout of the proposed outdoor seating area so the members could further review the request and visit the site.
It was noted that Mr. DeGrazia’s brother Andrew had appeared before the Board at the June 8th meeting and information given at that meeting regarding the proposal differed from what he was requesting, in that the tables would be round and have umbrellas. Andrew DeGracia had discussed using tables that were approximately 2-1/2’ x 1.5’ in size. Mr. DeGracia told the Board that he will attempt to keep within these dimensions with a round table. The Board noted that having umbrellas erected with the wind conditions that exist here is a concern.
Mr. DeGrazia discussed the photos submitted that showed the proposed outdoor seating area and he provided the Board with an aerial photo taken during peak business hours. He told the Board that during peak business hours there is ample parking available. In addition, Mr. DeGracia told the Board that his landlord approves of the proposal.
Mr. Bernard stated that he is concerned that the request will “grow”, noting that the proposal last month was for tables; now it is for tables with umbrellas. Mr. DeGrazia assured the Board that there would only be 12 chairs in the proposed outdoor seating area.
Mr. Murray confirmed with Mr. DeGrazia that the outdoor area will be ADA compliant and that he is not aware of any additional parking
space requirements per the ordinance.
Mr. Bodden noted that outdoor seating exists in other businesses located in the Orchard Park. He feels that Mr. DeGrazia is trying to improve his business.
It was noted that the tenant to the east side of Moe’s has outdoor seating and that Planning Board approval had not been obtained. The Building Inspector will review this situation.
Several Board members noted that the season to have outdoor
seating has almost expired and that they feel Mr. DeGrazia should be allowed temporary outdoor seating on a trial basis with a stipulation to review the project next year. In addition, they would like the railing to be removable.
Mr. Fabinsky made a MOTION, seconded by Mr. McGuire to ALLOW temporary outdoor seating for twelve (12) persons on a trial basis for one season only with that season beinging from the date of the petition and ceasing on November 1st, 2005 with the following condition:
1. After November 1st the fence, tables, chairs and umbrellas shall be removed. The outside seating shall not be located any further west than what the photo indicates.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD NAY
BODDEN AYE FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY NAY
THE VOTE BEING FIVE (5) IN FAVOR AND TWO (2) AGAINST THE MOTION IS HEREBY PASSED.
3. P.B. File #20-05, West-Herr Chevrolet, 3565 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct a +/- 3,922 sq.ft. addition to an existing building. Town Board referred to Planning Board on 7/6/05.
APPEARANCE: Mr. Robert Gill Architect
Mr. John Wabick
Mr. Gill presented and explained plans to the members for an addition to an existing service area. An alcove will be added onto and basically squared. The members’ questions established that the addition will be identical to the existing building and that the project has received Engineering Department approval.
Mr. McNamara made a MOTION, seconded by Mr. Bernard, to recommend that the Town Board authorize a Building Permit for a 3,946 sq. ft. service area addition for an automobile dealership service bay at 3565 Southwestern Boulevard and approve the site plan received 7/13/05 based on the following conditions and stipulations:
1. This is an Unlisted Type II SEQR action and therefore no determination of significance is required.
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. Engineering Approval has been granted on 7/13/05.
6. There are to be no new light fixtures as the existing light fixtures will be relocated.
ON THE QUESTION:
Mr. Fabinsky noted that a resident in the audience with questions regarding parking should meet with Mr. Gill after the Board hears this case to have his questions addressed regarding vehicle parking.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE IS UNANMIOUSLY PASSED.
OTHER BUSINESS
1. Keith Fisher to discuss locating a school bus garage on Ellis Road.
APPEARANCE: Keith Fisher, owner Fisher Bus
Mr. Fisher told the Board that his bus service presently operates from 5220 Camp Road , Hamburg, NY and serves both the Hamburg and Orchard Park school districts. It is his desire to locate this facility in Orchard Park. A total of 62 buses would be kept at the proposed garage. He told the Board that he had
appeared before the Public Safety Commission and they indicated that there may be traffic concerns. Planning Board members discussed concerns they had involving noise, pollution and traffic.
Mr. Fabinsky asked that the minutes from a Planning Board meeting that involved this property and North American Carbide be researched. He also noted that he will investigate the Hamburg location to learn how the bus facility affects the nearby subdivision.
Mr. McGuire requests that a photometric plan be provided showing point-by-point lighting and spillage.
The discussion concluded with the Chairman asking that the Public Safety Commission’s report be submitted in writing to the Board. In addition, Mr. Fisher is requested to submit a landscape plan for the Board’s review.
2. Gerald Buchheit to discuss a rezoning request for land across Milestrip Road from the existing Quaker Crossing plaza.
APPEARANCE: Mr. Gerald Buchheit, property owner/developer
Mr. Buchheit provided the Board with copies of the proposed site plan. He explained that he is proposing a “box” store at this location similar to existing architecture in Orchard Park. Mr. Buchheit told the Board that he had a study performed regarding the industrial and commercial inventory of the town. He stated that Councilwoman Ackerman has copies of this report. The secretary will obtain this report for the members to review. Mr. Buchheit noted that this I-1 property, approximately 20 acres in size, has been for sale for over 8 years with no purchasing interest shown. Mr. Buchheit will present his plans at a future Board meeting based on the comments made by the Board.
There being no further business, the Chairman adjourned the meeting at 8:30 P.M.
DATED: July 18, 2005 Respectfully Submitted,
REVIEWED: July 19, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla, Planning Board Chairman