Minutes of the November 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
Michael McGuire William McNamara
Philip Murray Eugene Majchrzak, Alternate
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.
Upon a motion duly made and seconded, the reading of the minutes of the October 12, 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 October 12, 2005 meeting.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
1. P.B. File #31-05, Philip LaMonte, Sid’s on the Boulevard, 3700 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct a 16’ X 24’ deck and requesting approval of
outdoor seating. Town Board referred to Planning Board on 10/19/05.
APPEARANCE: Mr. & Mrs. Phillip LaMonte, owners
Mr. LaMonte told the Board that he desires to construct a deck on the west side of his restaurant to provide patrons with outdoor seating. There will be a maximum of twenty (20) chairs and 5 to 6 tables located on the deck.
Mr. McNamara established that the project will be in compliance with the Town’s parking requirements.
Mr. Fabinsky established that there are no longer school buses located on this property.
It was further confirmed with the petitioner that the Conservation Board has approved the landscape plan for the proposed project.
Mr. Bernard established that the deck can only be accessed from within the building.
Mr. McGuire noted that additional lighting will have no effect on the surrounding area.
Mr. McGuire made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board authorize a Building Permit for a 384 sq. ft. deck and APPROVE the site plan received 10/17/05 based on the following conditions and stipulations:
1. This is a Type II SEQR action and therefore no SEQR determination is required.
2. No outside storage or display is permitted.
3. Lighting as described by the applicant will not affect the neighborhood and is acceptable.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
Mr. McGuire made a MOTION, seconded by Mr. Bernard, to APPROVE the request for outdoor seating as described by the by the applicant; there will be a maximum of 20 chairs and 5 to 6 tables located on the deck.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
2. 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.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen, Inc.
Mr. Pidanick gave a brief history of the project. He noted that this item was tabled at the August 16, 2005 meeting so that the Board members could perform a walking tour of the site. The Chairman also requested that the Fire Commissioners, Town Engineer, Highway Superintendent and Public Safety Commission provide the Board with their input regarding the proposed connection to Deer Run.
The Chairman told Mr. Pidanick that input from the Fire Commissioners and the Public Safety Commission has not yet been received. A correspondence was received from the Town Engineer favoring the connection and just prior to the meeting the Highway Superintendent submitted a correspondence. This correspondence recommends that connecting Deer Run and Middlebury Road is the most effective way to proceed in terms of road maintenance. She noted that the Board is awaiting input from the other entities that were asked.
The Chairman made a MOTION, seconded by Mr. Bernard to TABLE this case pending receipt of the outstanding responses.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
3. 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.
APPEARANCE: Mr. Roy Jordon, North Forest Development
The Chairman noted that the applicant had been granted a variance to construct two office buildings on this industrially zoned parcel. Recently, a development regarding the storm water pollution prevention plan and the NYSDEC approval process has created a delayed with the project. She asked Junior Engineer Thomas Ostrander to explain what occurred.
Mr. Ostrander explained to the members that applicants submitting projects to the NYSDEC have been told that if they do not receive a response after 60 days, their plan is deemed “approved”. It is believed that this practice developed from budget and staffing cuts. However, recently, while a Town approved project was under construction, the NYSDEC commented “after the fact” and directed that changes be made in the field on what was already “approved”. This situation has the Town Engineer vying to protect the developer and the Town to ensure this situation does not occur again. Therefore, Mr. Jordon has been directed by the Town Engineering Department to have NYSDEC approval in his hand. Mr. Jordon told the members that his conversations with the NYSDEC are nonproductive. He has been told that they have “piles of these on my desk; your 60-days have lapsed, you are deemed approved”. The NYSDEC employee told Mr. Jordon that they will not send a confirmation letter of approval. Mr. Jordon went on to say that this is a dilemma we now face as a whole community. Mr. Jordon stated that the NYSDEC will accept phone calls to verify approval and Mr. Ostrander stated that he will call the NYSDEC.
Mr. McGuire and Mr. Bernard discussed the lighting plan with Mr. Jordon. It was noted that problems exist with the photometric and light fixtures that have been selected. A revised plan is requested.
The Chairman noted that the County’s staffing problem is causing petitioners to suffer. The Board members discussed what action should be taken to move the project forward and ensure that the approval by the NYSDEC is valid. The Board concluded that they must have a revised light plan and a letter confirming that NYSDEC approval has been granted for the N.O.I. SWPPP (storm water prevention pollution plan). The Chairman told Mr. Jordon that the Board is willing to have a special meeting to review the project when these issues have been resolved.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to TABLE this case pending the following:
1. Receipt of the NYSDEC acknowledgement and approval of the storm water pollution prevention plan.
2. A revised lighting plan meeting Town requirements. There are to be no flood lights or fluorescents.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
4. 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.
APPEARANCE: Mr. Daryl Martin, Architect
Mr. Marty Winnert, Developer
The Chairman noted that this project has the same approval problem with the NYSDEC storm water pollution prevention
plan as the prior petitioner. Mr. Ostrander stated he will call the NYSDEC regarding the project’s approval. The chairman told the applicant that the Board can schedule a special meeting to review the case upon the NYSDEC’s approval of the storm water pollution prevention plan.
Mr. Bernard confirmed that the rear yard set back shown as 5’ is code compliant. Building Inspector Andrew Geist explained that the property is located in a business and a residential zone. The project is approximately 39 feet from the zone change and the business zone extends beyond this property.
Mr. Bodden made a MOTION, seconded by Mr. McGuire, to TABLE this case pending the following:
1. Receipt of the NYSDEC acknowledgement and approval of the storm water pollution prevention plan.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
5. P.B. File #19-05, Proposed Quaker Crossing East, Vacant land bounded by Milestrip Road, North Benzing Road, Amelia Drive and Amanda Lane, Zoned B-1. Requesting a Building Permit to construct a 162,191 sq.ft. retail plaza. Town Board referred to Planning Board on 7/6/05.
APPEARANCE: Mr. Steven Kane, owner Ashley Furniture
Mr. Gerald Buchheit, owner/developer Quaker Crossing East
Mr. Robert Walsh, Attorney
Mr. William Tuyn, Greenman-Pedersen, Inc.
Mr. Tuyn explained the proposed project to the members. He told the Board that the site consists of approximately 18 acres and that several tenants are ready to enter into contracts to occupy the site. He indicated on the site plan the location of the proposed Ashley Furniture store, noting that this will be the largest component of the retail center. Mr. Tuyn discussed the
infrastructure of the proposed project and noted that access into the plaza will be from Amelia Drive, across from Carly.
Mr. Buchheit stated that during his meeting with the Conservation Board he agreed to provide plantings to screen a residence located on Benzing Road. In addition, plantings and a meadow area will be installed along Amelia Lane.
The Chairman established with Mr. Tuyn that this project will not be encumbered by the NYSDEC approval process as were the previously tabled projects this evening. Mr. Tuyn explained to the Board that this project is different, in that a full environmental assessment blanket permit was obtained. The project is in compliance with all State requirements and is ready to move forward.
The Chairman asked if the Town Engineering Department is satisfied with the project. Junior Engineer Thomas Ostrander stated that he concurs with Mr. Tuyn’s explanation and told the Board that the Engineering Department has no objection to the Board moving forward with this project.
The Chairman discussed utility agreements that were obtained by the applicants. Mr. Walsh told the Board that the NYMO agreement is being finalized and he noted that it will not have an impact on the start of the project or the final approval.
Mr. Bernard established that construction will take place in one phase, with paving taking place in the spring. He also established that the State Department of Transportation has directed that the existing fence located along Milestrip Road is to remain. Mr. Bernard wondered if a “w” on the site plan stands for a well, and he asked the applicants to comment on this. Mr. Tuyn stated that he did not have knowledge of what the “w” stands for. Mr. Bernard also discussed lighting for the proposed project, noting that in his review of the general lighting plan he did not find information regarding the location of wall fixtures on the backside of the buildings. He told the applicants to observe the wall fixtures at other Orchard Park locations such as Tim Horton’s and Wendy’s. He would like the omitted information to be included in a submittal. He also verified that the parking spaces will be 10’ x 20’ in size.
Mr. McGuire discussed the lighting plan with the applicants and it was established that the fixtures and wattage shown are identical to the existing Quaker Crossing plaza.
Mr. Murray noted that when he last reviewed the file, it appeared that the outbuildings were designated as restaurants; now they are designated as retail. He established with Mr. Buchheit that he is leaving the option open to revert back to the
original plan. Mr. Buchheit stated that he is aware of the parking space requirements for both types of tenants and that he will return to the Board with a revised site plan if there is a change.
Mr. McNamara established that the residential home located on Benzing Road will not be impacted by the proposed project with regards to the view of green space or woods. He further established that there are no government subsidies involved with this project. He feels the project is positive for the community, as far as contributions from the property owner are concerned towards the school, property and sales tax. Mr. McNamara feels the proposed project is a continuation of the Town’s master plan and Mr. Buchheit’s plaza project. It was learned that Ashley Furniture will employ approximately 40 to 50 employees and that the plaza itself will employ an additional 300 people. Mr. McNamara feels the project is good for Orchard Park.
Mr. Bodden established that the site plan presented represents the total build-out. There will not be additional plans in the future for the site.
Mr. Buchheit presented an elevation representing the preliminary architecture of the proposed plaza for the Board’s review and briefly discussed his plans for the appearance of the site.
Mr. Bernard reviewed the site plan and discussed the number of buildings to be constructed. He asked for clarification of the Conservation Board’s approval. It was determined that there will be 5 buildings (3 out parcels) along Amelia Drive and that the Conservation Board approved the front area of the Ashley Furniture building along with the perimeter and interior parking island area, including the meadow area.
The Chairman concluded that Mr. Buchheit is seeking approval for a general plan encompassing the entire site. When specific plans for tenants are known, Mr. Buchheit is to return for review and approval from the Planning and the Conservation Boards.
Mr. Fabinsky established that the applicant will commit to the same litter control that is in effect at the Quaker Crossing west plaza site.
Mr. Bernard made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board AUTHORIZE a Building Permit for a 162,191 sq.ft. retail plaza and APPROVE the site plan received 11/7/05 based on the following conditions and stipulations:
1. A Positive Declaration was issued by the Town Board and Findings to Approve were issued by the Town Board on 9/7/05.
2. The site lighting is limited to those fixtures and poles indicated on the approved site lighting. Light fixtures shall have flat lenses and zero cut-offs. Building lighting will be subject to submission to the Planning Board for review and approval as tenants are identified.
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. General plaza litter control shall be in accordance with the existing agreements regarding litter control for the existing Quaker Crossing.
5. A Landscape Completion Bond in accordance with Conservation Board minutes for the entire parking area, surface road, buffer and the Ashley Furniture store shall be provided for the approved landscape plan which contains 19.5% green space. Prior to the receipt of a Building Permit, future landscaping for the outparcels, Building “B” along Amanda and the buildings north of Ashley Furniture shall be submitted for review and approval by the Town Conservation Board and the Town Board. Requests for building permits for the remaining outparcels and Building “B” shall be submitted to the Planning Board and Town Board for review and approval.
6. The completion of the NYSEG & NYMO encroachment agreements shall be finalized prior a certificate of occupancy is issued to the first tenant of this plaza.
7. Recommendation is contingent upon receiving Town Engineering Approval. The Engineering Department is awaiting receipt of operation and easement agreements that
must be reviewed and approved by the Town Attorney.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY NAY
THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
6. 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.
APPEARANCE: Mr. Gary Hill, Buffalo Niagara Court Center
Mr. John Myers of LBM Construction
Ms. Terry Myers of LBM Construction
Mr. Hill presented and explained plans for a proposed indoor volleyball center. He told the Board that the center would be available for rent to local interscholastic programs at various schools, organizations such as the “CYO” and the Town of Orchard Park Recreation Department. The facility would be non-alcoholic and Mr. Hill would like to open in the fall of 2006.
Ms. Myers indicated on the site plan the area proposed to be rezoned from R-3 to B-2. The Chairman established that the nearest residence is approximately 370 feet from the proposed building. The next closest residence is 475 feet from the corner of the proposed building to the corner of the residence’s garage. The proposed building is 125 ft. x 250 ft in size. It would be 27 feet high with slopes and have an upward peak at 31 feet. A 20 foot setback would be maintained as green space on the side of the site bordering the existing residential zone. Ms. Myers told the Board that they would like to use motion censor lighting at the rear of the building.
Mr. Hill explained that Bally’s owns the square parcel in the middle of the land he is purchasing and that he is trying to negotiate the purchase of the property. He further told the Board that Bally’s is supportive of the proposed project. If he is successful in buying the property, the area will be used for additional parking. Mr. Hill submitted an aerial photo of the site for the members to review.
It was established that 313 parking spaces are required by the Town ordinance. Ms. Myers told the Board that 180 spaces would be installed immediately, with 133 future parking spaces to be held in reserve if needed. Mr. Bernard explained to the petitioner that during the site plan approval process he can request from the Town Board a reduction in the number of parking spaces as long as he can show that the total number of required parking spaces could be installed if needed.
Mr. Hill told the Board that he is not seeking to rezone the entire parcel. Construction on the entire parcel would be difficult because of the Smokes Creek flood plain located on it.
Mr. Bernard discussed the fact that the rezoning of the property to B2 leaves open the potential for development of several hundred feet of the site for an unknown business in the future. Mr. Hill told the Board that he is planning to expand in the future. However, it is difficult for him to move ahead with the project not knowing if they would have the room for expansion. Mr. Bernard told the applicant that that the SEQR review must detail a projection of what the expansion might consist of. Mr. Bernard requested that the applicant submit a revised Environmental Assessment Form. Ms. Myers stated that she will base the revised EAF on the maximum development of the site.
Mr. Fabinsky noted that he agrees with Mr. Bernard. He further stated that he would be far more comfortable with rezoning to a certain point than rezoning the “whole thing”. In addition, he questioned if there will be commercial developmental issues with having Smokes Creek located within the site.
The Chairman established that engineering did not need to be developed for the entire site at this time. The matter before the Board is to review the rezoning question. Chairman Biryla confirmed with Attorney Michael Wolf that it is possible to rezone the property for extension of the proposed building for a volley ball court or a related recreational facility/business.
Mr. Murray noted that the Board can theoretically discuss what is related or not related. He would like to know if there is any outside court potential, because that in turn involves the question of lighting. Will there be a food and/or beverage service made available? Further, will there be a liquor license? He questioned how far the term “related activities” extends. He noted that when the Board talks about “related”, it should be fairly specific. The Chairman noted that she agrees with Mr. Murray’s concerns.
The Board noted that entities such as a McDonald’s or a collision shop could be placed on this parcel in the future, if more than what the volleyball center would encompass is rezoned to B-2. Mr. McNamara stated that if you open up the door to B-2, a massage parlor could be placed here, which is why the Board should be concerned, as anything in B2 could theoretically go in there. He noted that after you play volleyball you might be thirsty, so then a bar may be put in there, which might be considered “related”.
Mr. Bodden noted that he would not object to the expansion of the business in the future if it were directly related to what is being built or extending the rezoning within reason.
Mr. Hill expressed his concern that it may be tied down too tight if the future use has to be related to just volley ball. Perhaps another group would come forward wanting an indoor soccer or lacrosse facility. He believes these types of uses are “related”.
Mr. Fabinsky noted that the Board is concerned with granting a blanket rezoning. If the property were to change hands, the promises made by Mr. Hill would be irrelevant and the new owner could put any B-2 use on the remainder of the parcel. He stated that he would support rezoning for this project at this time, and if in the future Mr. Hill needs to expand the use Mr. Fabinsky would support that request.
Mr. Hill asked the Board how much of the parcel the Board would be comfortable rezoning and was told that the Board would prefer rezoning just the part of the parcel Mr. Hill needs at this time for his project.
Mrs. Biryla made a MOTION, seconded by Mr. Bernard to recommend that the Town Board INITIATE a SEQR Coordinated Review for this rezoning request.
ON THE QUESTION:
Mr. Bernard stated that the site plan and Environmental Assessment Form relative to this rezoning request must show an adequate number of parking spaces to meet Town Code requirements and a rezoning boundary line defined by and consistent with that number of spaces.
Mr. Hill confirmed with the Board that the changes to the site plan and EAF must be submitted to the Planning office before the SEQR process can begin. The Chairman stated that after the SEQR information is circulated, this request will be before the Planning Board for a recommendation to the Town Board on the rezoning request.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
The Board discussed the location of the parking with the petitioner and advised him to go to the Zoning Board of Appeals for an interpretation of whether or not the parking proposed in front of the building is considered front yard parking.
7. 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.
The Chairman stated that this item has been removed from the agenda per the petitioner’s request.
There being no further business, the Chairman adjourned the meeting at 9:10 P.M.
DATED: November 16, 2005 Respectfully Submitted,
REVIEWED: November 16, 2005 Rosemary M. Seivert
Planning Board Secretary
Lorraine Biryla,
Planning Board Chairman