Minutes of the March 9, 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
William McNamara
Eugene Majchrzak, Alternate
EXCUSED: Michael McGuire
Philip Murray
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 February 9, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
A motion was made by Mr. Bodden, seconded by Mr. Fabinsky, to accept the minutes of the February 9, 2005 meeting as presented.
1. P.B. File #10-05, Raymond Perryman, Village Fireplace & Stove, 3726 North Buffalo Road, Zoned B-3. Requesting Planning Board approval of outside display (renewal).
APPEARANCE: Mr. Raymond Perryman, owner
The members’ questions established that Mr. Perryman’s display would remain exactly as it had been in 2004. The display would be erected from April 15th through September 15th. Two banner signs (3’ x 7’) shall be hung and there will be no additional lighting.
Mr. Fabinsky made a motion, seconded by Mr. Bernard to GRANT Outside Display from 4/15/05 to 9/15/05 based on the site plan received 2/1/05, based on the following stipulations:
1. This is a Type II SEQR action and therefore no determination of
significance is required.
2. There will be no additional outside lighting for the display or temporary structure.
3. Signage is limited to two outdoor banners signs 3’ x 7’ in size.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
THE VOTE IS UNANIMOUSLY PASSED.
2. P.B. File #6-05, Charlene Rinaldo, 2924 Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of additional outside display.
APPEARANCE: Charlene Rinaldo, representative
Mrs. Rinaldo explained to the members that she would like to display three (3) additional models of sheds in order to offer consumers the additional varieties that are available. She told the members that the sheds would be placed to the side of the property with landscaping and would replace a not so attractive mulch and rock area. Mrs. Renaldo told the Board that in the future she plans to have a new sign to advertise both company names “Orchard Park & Gardens” & “Orchard Park Sheds & Gazebos”. The Planning Coordinator confirmed for the Board that the site is well maintained.
Mr. McNamara asked if the display would be year round and Mrs. Rinaldo stated that she hoped to sell all of the display sheds by the end of the season. It was established that a time frame had not been set during the previous review because the Board had wanted to see how the site functioned. The Planning Coordinator told the Board that she reviewed the site after one-year (October) and found it to be favorable.
The Chairman confirmed that the applicant had been granted approval for three structures to be located at the front and that she is now requesting permission to display 3 additional sheds. Mrs. Rinaldo told the Board that the previously approved structures were erected at the end of the season and that because of this, she had not had the opportunity to sell them.
Mr. Fabinsky stated that he feels the site looks crowded. Mr. Fabinsky
stated that reducing the crowding and planting the landscaping might help attract customers.
Mr. McNamara established that there would be a total of six (6) structures displayed.
Mr. Bodden made a MOTION, seconded by Mr. McNamara to GRANT Outside Display from 3/9/05 to 3/9/06 based on the site plan received 3/1/05, based on the following stipulations:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. There will be no additional outside lighting for the display or temporary structure.
3. There is to be a limit of six (6) structures.
4. Outdoor display begins on March 9, 2005 through March 9, 2006. The Board will review this case after that time.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
THE VOTE IS UNANIMOUSLY PASSED.
3. P.B. File #24-04, Wesleyan Church of Orchard Park, 7295 Ellicott Road, Zoned R-1. Requesting a Building Permit to construct a new two-phase Sanctuary/Fellowship Building connecting the existing gymnasium and church buildings. Town Board referred to Planning Board on 7/21/04.
APPEARANCE: Peter Johnston, Tredo Engineers
Tommaso Briatico, Architect
Pastor Todd Glendenning
Kevin Worral, Wesleyan Church
The applicants explained that the Church is growing and that space has become an issue. The Chairman established that 80 more parking spaces would be created. The hours of the Church were discussed and it was noted that a residence is located on the site that will be demolished; two other residences will remain.
Applicants confirm the average foot-candle with the Planning Coordinator. He also verified that the applicants will be installing a dumpster enclosure that will be 8’ high.
The Chairman made a MOTION, seconded by Mr. Bernard, to RECOMMEND that the Town Board AUTHORIZE a Building Permit for a new sanctuary/fellowship building and APPROVE the site plan received on 3/8/05 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. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. The east & west perimeter pole lights shall have house shields. The lighting fixtures on the building are subject to review.
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. Town Engineering Approval will be granted on 3/10/05. Planning Board approval is granted pending approval from the Engineering Department.
6. A Landscape Completion Bond of $33,339.00 or a certified check in the amount of $16,669.50 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 8.75% green space.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
THE VOTE IS UNANIMOUSLY PASSED.
4. P.B. File #3-05, Quaker Crossing, LLC, 16.04 acres of vacant land bounded by Amelia Drive, Amanda Lane, Benzing Road and Milestrip Road, Zoned I-1. Requesting rezoning from I-1 to B-1 in order to construct a 167,000 sq.ft. +/- retail center. Town Board referred to Planning Board on 12/15/04.
APPEARANCE: Mr. Gerald Buchheit, developer
Mr. Robert Walsh, Attorney
Mr. Steven Kane, Ashley Home Furniture
Mr. Tom Kane, Ashley Home Furniture
The Chairman noted that the SEQR information had been sent out to the appropriate agencies and that a response had been received from Mr. Gottlieb of the D.O.T. on 3/9/05 requesting that a new traffic impact study be performed.
Mr. Buchheit told the Board that he was aware of the request from the D.O.T., noting that he had spoken to Mr. Ed Rutkowski of the D.O.T. regarding Mr. Gottlieb’s correspondence. He told the Board that Mr. Rutkowski informed him that the request for the traffic study was standard procedure. Mr. Buchheit told Mr. Rutkowski that he did not feel that an additional traffic study is warranted, because the original study and research performed were more than adequate. He explained that traffic signals and extra lanes were constructed, per the request of Town Engineer Michael Merritt, to be able to handle the projected traffic flows. He explained that seven traffic lanes were constructed on Milestrip Road for the Quaker Crossing site, while only four lanes are available for the McKinley Mall on Milestrip Road. He further noted that several of the traffic signals at the Quaker Crossing site are set on a “caution” light because there is not enough traffic for them to be fully operating. He further told Mr. Rutkowski that Amelia Drive has more traffic lanes in place than access roads to the Boulevard Mall have. Mr. Buchheit told the members that Mr. Rutkowski told him that the project would be reviewed further.
The Chairman noted that the D.O.T. correspondence indicates that they had received information from Town Engineer Wayne Bieler on 3/8/05 regarding the traffic study that had been completed in 1996. Mr. Gottlieb wrote, “The study did include developments in the surrounding area, but they are considered background traffic. The traffic study evaluated the traffic impacts associated with the 400,000 square feet of retail space that would occur beyond that in the background condition.”
The Chairman asked Assistant Engineer, Tom Ostrander to explain the term “background” traffic. He told the members that this is the “existing
conditions”; the background is what is there, or could be there, based on the present zoning of that site. The Chairman read further from Mr. Gottlieb’s letter; “We recommend that a Traffic Impact Study is prepared for the proposed development”.
The Chairman told the applicants that a neighbor is located across from the project site and that concerns exist for safety, as the proposed rear driveway for Ashley Home Furniture is located directly across from this resident’s driveway. Mr. Buchheit stated that he would visit that area
and would relocate the driveway, create a berm and have landscaping put in to buffer the resident.
Mr. Bernard discussed the comments in a D.E.C. letter dated 3/3/05, referencing a sensitive archeological area. Mr. Buchheit explained that the project site is not located in an archeological sensitive area. Mr. Bernard established that easements would be obtained from the utility company and that the request is to have the site rezoned to the power lines. He asked Mr. Buchheit if all the proposed curb cuts were needed and Mr. Buchheit told the Board that they are not, but that he feels the traffic flow would be better if they were allowed.
Mr. McNamara asked what noise would be generated from Ashley Furniture and what the hours of operation would be. Mr. Kane told the Board that the store would be open from 10:00 am. to 9 p.m. The operation would be a showroom only, with no inventory warehousing. There would be no delivery trucks, except UPS on occasion. Mr. McNamara asked what other type of tenants would be located at the site. Mr. Buchheit stated that it is possible that retail stores such as sporting goods, electronics or bedding could be tenants. Delivery hours would be during normal business hours.
Mr. Bernard asked what type of tenants are planned for the outparcels and Mr. Buchheit stated that tenants similar to McDonald’s or a bank could be located there. He told the Board that he would present a plan that indicates the type of usage so that there would be no surprises.
Mr. Bodden told Mr. Buchheit that he does not want to see this project run out of parking spaces. Mr. Buchheit told the Board that he would modify the plan to comply with the code, as his current site plan shows 9’ x 18’ parking spaces and the Town requires 10’ x 18’ spaces.
The Chairman complimented Mr. Buchheit on the excellent job he had done with the original Quaker Crossing. She noted that he kept his word. She also told Mr. Buchheit that she had spoken with Mr. Merritt and that he had told her that he had been very pleased with the traffic study that had been done in 1996. Remaining traffic concerns could be
addressed in an EAF Part 3, or an EIS. She also told Mr. Buchheit that he supplied information indicating that 830 trips would be generated with this project. She noted that this information, alone, demands a traffic study. She further stated that the first traffic study took into consideration Milestrip Road, Sterling Park, everything east of Target, Abbott Road and Orchard Park Road. Mr. Buchheit discussed the traffic signals and lanes that had been constructed based on the initial traffic study.
Mr. McNamara made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board issue a Positive Declaration
regarding the proposed rezoning of 16.04 acres of vacant land on the east side of Amelia Drive, north of Milestrip Road, from I-1 to B-1. Potential significant environmental impacts identified by the Planning Board include the following:
ON THE QUESTION:
The Chairman stated that she does not feel items 1 and 3 are as significant as item 2. She told the applicants that concerns regarding the loss of I-1 Zoning had been partly addressed in the correspondence that had been received from Attorney Debora Becerra, dated 2/15/05. In this correspondence she outlined the market history of the Zylinski property and the failed attempts to sell it as industrial property. However, she cannot ignore the County and the State’s response requesting a new traffic study.
The applicants told the Board that a new traffic study would be expensive and time consuming and that Ashley Furniture would be forced to abandon the proposed project.
Mr. McNamara explained to the applicants why he feels that a new traffic study should be asked for. The original traffic study was performed for approximately 400,000-sq. ft. of retail/commercial space, and they are proposing to create close to 200,000 sq. ft., so he believes there could be an impact; he hopes that the study comes back indicating that there are no problems. He is just trying to follow due diligence and address the noted concerns from the State. Therefore, he believes that a recommendation to the Town Board for a traffic study is called for.
Mr. Bodden stated that he concurs with Mr. McNamara.
Mr. Fabinsky told the applicants that with a project of this size the Board reviews a vast amount of information. He noted that there are several remaining concerns that have not been addressed during this review. He asked for Assistant Engineer Tom Ostrander’s comments regarding the proposed traffic study. Mr. Ostrander explained that for a project of this magnitude, a traffic study would take several months.
The cost of the study is unknown to him.
Mr. Buchheit told the Board that he feels that if the site were used for
industrial, the traffic would be worse than if it were used for retail/commercial.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
THE VOTE IS UNANIMOUSLY PASSED.
The Chairman made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board rezone 16.04 acres of vacant land on the east side of Amelia Drive, north of Milestrip Road, from I-1 to B-1 for the purpose of a retail plaza, contingent upon all potentially significant environmental impacts identified in the Environmental Impact Statement being adequately addressed.
ON THE QUESTION:
Mr. Bernard explained that he struggles with not knowing what the impact will be from rezoning this site that was deemed in a land study to be used as Industrial. He is not saying that he opposes the rezoning, just that he is not sure how the two thing go hand-in-hand at this moment without the SEQR Review being completed.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC NAMARA AYE
THE VOTE IS UNANIMOUSLY PASSED.
1. Jeb Bray & Peter Krog to discuss potential residential development on Freeman Road.
APPEARANCE: Mr. Jeb Bray, applicant
Ms. Gaye Krog, applicant
Mr. Michael Borowiak, Alliance Homes
Mr. Borowiak provided copies of the site plan to the members,
explaining that the applicants propose to develop a 126-acre site with a
mixed use, off of Freeman and Stonehenge Roads. They would like to construct a 43 lot subdivision and an 80-unit town house project. The property is presently zoned R-1 and would need to be rezoned for the town houses to be built.
Mr. Borowiak stated that they propose two access roads off of Freeman Road and one road connecting Stonehenge to the project. There are 16.6 acres of wetlands and the Army Corp of Engineers has approved the wetland delineation. Mr. Borowiak told the Board that a land donation of approximately twenty acres for recreational purposes is being proposed. It was also noted that the property is contiguous to the Birdsong Subdivision.
Mr. Bray told the Board that he feels there is a demand for town houses and that the selling price for a single-family home will be what the market can bear. Build-out would be in 4 or 5 phases. The Chairman established that the proposed town houses would be individually owned and that the projected cost of a town house would be approximately $200,000. The members discussed the number of town houses that are being proposed and noted that the proposal creates less density than what could be developed on the site. The town houses would be located at the rear of the property.
During the review of the site plan, Mr. Majchrzak inquired where lots 36, 37 & 38 located in the Birdsong Subdivision would be, in relation to the proposed project. The applicants believe that a green space area separates the Birdsong properties from the proposed project.
The members requested that the applicants provide the following additional information: an overlay plan that would show more visual detail, a concept plan showing a standard subdivision constructed on this property with the wetland locations, a buffer plan for the residents on Freeman Road, a revised plan showing an intersection that must be reconfigured and a water management plan for the subdivision.
Mr. Bodden commented that there is a demand for town houses. He also told the applicants that more specific information is needed before he can comment; however, his personal opinion is that he likes the proposal.
The Chairman noted that the proposed road off of Freeman Road would
significantly impact two residential homes that exist there. She discussed having this access road eliminated and noted that before a decision could be made on the proposal, additional information would be needed.
The Chairman polled the Board regarding this proposal and the following responses were given:
Mr. Majchrzak stated that he is neutral at this time. He is concerned that the project will have an impact on the Birdsong Subdivision and the residences on Freeman Road. He noted that if individuals purchased property, built their homes and then after the fact the area was rezoned, what impact would the rezoning have on them?
Mr. Bernard stated that he agrees with Mr. Majchrzak. He stated that this is spot zoning. He feels the proposal is too dense. He encouraged the applicants to work with Mr. Ostrander on the layout of the lots.
Mr. McNamara discussed his concerns regarding the proposed access in to the subdivision. He told the applicants that they should find another way to access the site, so as to not disturb the existing neighbors on Freeman Road.
Mr. Bodden stated that conceptually, he likes the plan, but that there is not enough information.
Mr. Fabinsky stated that he sees the need for town houses. However, he does not want to see an increase in density. In terms of the layout, he would like the impact on the neighbors minimized, especially with the proposed northern access road.
Chairman Biryla stated that the existing project across the road is very much like the proposal, as it consists of town houses and single-family homes. She does not have a problem with the rezoning; however, she is very concerned with the impact the project will have on the Freeman Road neighbors. There is not a great deal of room for buffering to be put in place with only 60’ feet. She would like the additional information that the members have requested.
2. Robert Gill to discuss a proposed performing arts studio on Southwestern Boulevard.
APPEARANCE: Mr. Robert Gill, Architect
Mr. & Mrs. David Walh, applicants
Mr. Gill provided the members with information regarding a proposed performing arts studio. The proposed studio will be located with the “Buffalo Sport Bar & Grill Restaurant” on the west and a residence on the east. The project will be built in two phases. The applicants will seek approval for both phases during the initial application. All parking and infrastructure will be constructed during the first phase. The Conservation Board tabled their review of this case at their 3/1/05 meeting. They requested that the applicants contact the resident to the
east regarding buffering preferences. Mr. Bernard reviewed the proposed lighting plan and told the applicants that it appeared to be reasonable. It was established that the number of parking spaces will be more than adequate and that the hours of operation would be 4 p.m. to 9 p.m., September to June. During July there would be day camps operating. It was also learned that this facility will have 3 employees. Mr. Ostrander told the members that the Engineering Department is reviewing the plans and that they will advise the applicants if there are any problems.
There being no further business, the Chairman adjourned the meeting at 9:24 P.M.
DATED: March 15, 2005 Respectfully Submitted,
REVIEWED: March 16, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla
Planning Board Chairman