Minutes of the April 12, 2006 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: William McNamara, Chairman
John Bernard Lorraine Biryla
Paul Bodden Harold Fabinsky
Michael McGuire Philip Murray Eugene Majchrzak, Alternate
OTHERS PRESENT: Remy C. Orffeo, 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 March 8, 2006 Planning Board meetings were unanimously waived as each Board Member had previously received copies.
Mrs. Biryla made a MOTION, seconded by Mr. Bodden to accept the minutes of the March 8, 2006 meeting.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
1. Public Hearing, P.B. File #24-05, proposed Baker Highlands Subdivision, Vacant land, east side of Baker Road, north of Milestrip Road, Zoned R-2. Proposed plat plan review and SEQR documentation.
The Chairman called the Public Hearing to order. He verified that The Affidavit of Publication and Posting was published March 25, 2006. A copy was presented and filed with the Board by the Planning Board Secretary.
IN FAVOR:
Mr. Ralph Lorigo, Attorney
101 Slade Avenue
West Seneca, NY 14224
Mr. Lorigo noted that he is in favor of the project.
Mr. Pete Johnston
William Schutt & Associates
37 Central Avenue
Lancaster, NY 14086
Mr. Johnston noted that he is in favor of the project.
AGAINST:
Mrs. Stacey Bixler
83 Hunters Ridge Road
Orchard Park, NY 14127
Mrs. Bixler discussed traffic concerns, noting that she believes the proposed subdivision will increase the traffic on Baker Road and her neighborhood. She suggests a four-way stop sign be installed at the corners of Baker Road, Falcon Crest and the proposed entranceway for the subdivision. She also told the Board that an ad for the proposed subdivision was published indicating the lot layout and street names for the subdivision prior to receiving any approvals. Mr. Bernard told Mrs. Bixler that this type of practice is not unusual for developers.
Mr. Bill Zimmerman
13 Chisholm Trail
Orchard Park, NY 14127
Mr. Zimmerman told the Board that he contacted the D.E.C. and filed a Freedom of Information request regarding this project. He has two primary concerns regarding this project. Firstly, he wonders
if the wild life that is present has been identified. He noted that the wetlands at this site are the largest wetlands area in the Town of Orchard Park. Secondly, he expressed concerns for the drainage and storm water runoff. In addition, he discussed the topography of the area, noting that a 17-foot total drop in the elevation will enable residents of the proposed subdivision to look downward onto his property and home. Mr. Zimmerman identified himself as a licensed engineer and he requests that he be allowed to work jointly with the Town Engineering Department.
Mrs. Kathy Roehling
3145 Baker Road
Orchard Park, NY 14127
Mrs. Roehling identified herself as being the most affected neighbor. She told the Board that her concern is that the subdivision entranceway will create safety, traffic, noise, lighting and drainage problems for her family.
Mr. John Syposs
15 Chisholm Trail
Orchard Park, NY 14127
Mr. Syposs questioned if a study has been performed regarding migratory birds at this site. He questions why wetlands, which are to be protected, were accepted in lieu of fees. He believes fees should have been accepted. He also expressed his concerns regarding an increase of traffic on Baker Road, where the current speed limit is 40 miles per hour. He stated concerns for children as there are no sidewalks on Baker Road. Many bike riders use this roadway, along with pedestrians who walk here. In addition, he voiced concerns regarding the loss of privacy that will occur for his family as his home will be lower than the area where the new homes will be built at this subdivision. A potential backyard neighbor of the subdivision will be able to look down into his yard and home area.
Mrs. Biryla made a MOTION, second by Mr. Bernard, to CLOSE the Public Hearing.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
APPEARANCE: Mr. Ralph Lorigo, Attorney
Mr. Pete Johnston, William Schutt & Associates
The Chairman asked Mr. Lorigo and Mr. Johnston to address the concerns raised by the residents. Mr. Lorigo noted that a traffic impact study prepared for the proposed 21-lot subdivision dated April, 2005 did not indicate that the subdivision would degrade the level of service at any of the Baker Road intersections and no mitigation is recommended. He pointed out that the site consists of 62 acres, of which 17 acres are being developed, the remaining 45 acres is being dedicated to the Town of Orchard Park. Mr. Lorigo believes the land donation addresses the concerns voiced for the wildlife. No wetlands are located on the site being proposed for the subdivision and the use of a dry detention basin will alleviate water runoff concerns.
Mr. Johnston stated that he feels the drainage concerns voiced by the residents will be alleviated with the proposed plan. The Planning Coordinator stated that residents interested in viewing the drainage plan may visit or contact the Planning Office to review this.
Mr. Lorigo thanked the residents present that attended a recent meeting with the developer to discuss the project. He also submitted a copy of a “thank you” letter that Marrano Marc Equity had sent to individuals that attended this meeting to the Board members for their review. The secretary will file this correspondence in the permanent file.
Mrs. Biryla asked the applicants to address Mr. Syposs’ elevation concerns. Mr. Lorigo and Mr. Johnston described the topography of the site and noted that they do not belief the elevation concern is significant noting only a 2 to 3-foot grade difference from the rise of the most adjacent proposed lot to the new homes themselves.
Mr. McGuire established that on site material will be used, if necessary, for fill purposes. No additional fill material will be brought to the site.
Mr. Bodden established that drainage issues will be satisfied prior to construction of the subdivision.
The Chairman asked the applicant to address concerns voiced by the most affected neighbor, Mrs. Roehling. Mr. Johnston told the Board that they have met with Mrs. Roehling and are presently working with North Ridge Nursery in designing a landscaping plan to buffer her from the subdivision.
Mr. Johnston noted that the proposal will be presented to the Conservation Board at their May 2, 2006 meeting. He also noted that there are several remaining issues that still need to be worked through.
Mr. Bernard requests that the project be referred to the Public Safety Commission with regards to having four-way stop signs installed at the intersection of Baker Road, Falcon Crest and the proposed subdivision.
The Chairman noted that the case must have Conservation Board approval and resolution of trails before moving forward.
Mr. Murray made a MOTION, seconded by Mr. Bernard to TABLE this case.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
2. P.B. File #18-06, Raymond Perryman, Village Fireplace & Stove, 3726 North Buffalo Road, Zoned B-3. Requesting Planning Board approval of outside display (renewal).
APPEARANCE: Ms. Tammy Chojnacki, representing Mr. Perryman
Ms. Chojnacki presented a letter from Mr. Perryman authorizing her to represent him in his request for a renewal of outside display. The Board members established that there are no changes from the previous year’s information. Mrs. Biryla suggested that the Board have the renewal be made for a two-year period.
Mr. Bodden made a MOTION, seconded by Mrs. Biryla, to GRANT Outside Display from 4/12/06 to 4/9/08 based on the plan presented to the Board on 4/12/06 with 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 banner signs 3’ x 7’ in size.
4. The display maybe erected annually April 1st and removed each year no later than August 31st of that year.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
3. P.B. File #19-06, Brad DeGrazia, Moe’s Southwest Grill, 3165 Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of outside seating (renewal).
APPEARANCE: Mr. Brad DeGrazia, Owner
Mr. Fabinsky noted that he has two issues to discuss with Mr. DeGrazia. The first issue is in regards to the trash bags that are arbitrarily placed outside of the rear door of Moe’s. Mr. DeGrazia assured the Board that this no longer takes place. He explained further that he has a designated place inside the building for refuge. Mr. Fabinsky asks that Mr. DeGrazia check to be sure that this procedure is being followed. Mr. Fabinsky secondly discussed the employee parking that exists at the rear of the building. He noted that at the original approval, the Board for various reasons expressed that there be no parking behind the building. Mr. DeGrazia told the Board that he has no problem eliminating employee parking at the back of the building. Mr. Fabinsky commented that the outside seating is not as intrusive as he had thought it would be.
Mr. Bodden established with Mr. DeGrazia that the dates for the outside seating will be weather permitting, April 1st, through the end
of October. Mr. DeGrazia told the Board that his business is great and that he has not had any traffic problems.
The Chairman established that there will be four (4) tables with three (3) chairs each.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to GRANT temporary outdoor seating for twelve (12) persons from 4/1/06 to 10/31/06 with the following conditions:
1. After November 1, 2006 the fence, 4 tables, 12 chairs and umbrellas shall be removed. The outside seating shall not be located any further west than what the photo on file indicates.
2. The outdoor seating is limited to 4 tables and 3 chairs at each table.
Mr. DeGrazia told the members that it is costly to remove the railing and he would like it to remain from year to year. He would also like the renewal to be for a two year period. The Chairman told Mr. DeGrazia to return to the Board in September with confirmation from the landlord and the contractor for snow removal indicating that they have no concerns if the railing is allowed to remain.
THE VOTE ON THE MOTION BEING:
BERNARD NAY
BIRYLA AYE BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY NAY
THE MOTION BEING FIVE (5) IN FAVOR AND TWO (2) AGAINST THE MOTION IS PASSED.
Mrs. Biryla asked for a moment to introduce and welcome several students present from the University of Buffalo that were observing the operation of Town Government.
4. P.B. File #5-01, Joe DeMarco, 3689 California Road, Zoned I-1. Planning Board to continue review of request for a Change-In-Use from cold storage to occupied space. Town Board referred to Planning Board on 6/19/02. Tabled by the Planning Board on 8/14/02 pending additional information.
APPEARANCE: Mrs. Diane DeMarco, Owner
Mrs. DeMarco explained that the original intent for the building was for cold storage. However, due to an economic hardship they leased the space to a tenant.
Mr. Fabinsky noted that this is not the first time that the applicant has converted cold storage into occupied space. Mrs. DeMarco disagreed and stated that this is the first time that this has occurred.
Mr. Bodden established with Building Inspector Geist that no outstanding issues remain. All Engineering and Building Department concerns have been addressed.
Mrs. Biryla established that the tenant presently occupying the building is a tile designer.
Mr. Murray noted that he did not find documentation in the Planning Board file that indicated all outstanding issues have been addressed. However, Building Inspector Geist confirmed that all issues have been resolved and his file contains the supporting the documentation.
Mr. Bernard made a MOTION, seconded by Chairman McNamara, to recommend that the Town Board APPROVE the requested Change in Use at 3689 California Road from cold storage to occupied space based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. There is no change to the interior of the building as it was originally filed.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
5. P.B. File #17-06, Fox Run, California & Big Tree Road, Zoned B-2. Planning Board to review revised site plan.
APPEARANCE: Mr. Ray Stapell, Attorney
Mr. Chip Essick, New Life Management
Mr. Bodden recused himself from voting in this case because of a present business relationship.
Mr. Essick provided the Board with a comparison chart to review the revisions made to this project. He told the Board that there was no change in total building square footage or building footprint. Revisions were made in the Independent Living Center, Commons Building and the Health Center. The proposal was originally for 190 independent living units (apartments). Based on a request from future residents for larger rooms, the units were redesigned. There are now a total of 180 units. No changes were made to the outside of the building. The site will have 30 patios homes, in duplex configurations, a health center building with skilled nursing beds and assisted living units, a community center, a gift shop, a convenience store and a swimming pool located here.
Mr. Bernard established that based on a geotechnical report the Commons Building was moved slightly. Mr. Essick indicated on an overlay plan where the building was located and noted that it has been moved farther away from residents located on California Road. Mr. Essick also discussed a request from the Department of Health to have a central point created as a reception area check-in as a security measure. He discussed the layout created to have this as a secured area.
Mr. Essick also told the members that residents expressed a desire to have car ports to shield their vehicles from the sun. The car ports will not have doors; they will have sides that come down and be made of the same material as the building. He further stated that motion detector lighting will be used.
Mr. Murray established that all required State licensing is secured; there have been no changes.
Mr. Stapell told the members that the project will break ground on May 1, 2006 and that the sales quota has been reached. All building will be construction at the same time, but there may be a slight lag with the construction of the Health Center.
Mr. Fabinsky confirmed with the Planning Coordinator that the project has Conservation Board approval for the revised landscape plan.
Mr. Fabinsky made a MOTION, seconded by Mrs. Biryla, to recommend that the Town Board APPROVE the revised site plan received 3/1/06 for a 173,656 sq. foot “life care community” with the following stipulations:
1. A negative SEQR declaration was issued by the Town Board for the original site plan on 3/20/02.
2. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 56.0% green space.
3. Town Engineering Approval has been granted on 3/7/06.
4. The dumpster currently on the site shall be properly screened with gates. Any other dumpsters on the site shall be screened in accordance with Section 144-25 of the Town Code.
5. No outside storage or display is permitted.
6. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN ABSTAINED
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
6. P.B. File #09-06, The Hills, proposed subdivision, accessed off a portion of Arrowood Lane within Part 6 of Chestnut Ridge Village, Zoned R-2. Requesting Pre-Application Findings Review of a 13-lot subdivision.
APPEARANCE: Mrs. Patricia Bittar, William Schutt & Associates
Mr. David Chiarolanza, Essex Homes
Mrs. Bittar presented and explained the proposed 13-lot subdivision noting that the total acreage is 12.7 acres. She told the Board that there are no Federal or State wetlands located here, there is public water available and the Conservation Board recommends recreation
fees be paid, in lieu of land being dedicated to the Town. She noted that as requested by the Board, the Town Highway Superintendent has been contact regarding the proposed cul-de-sac plan for this subdivision and no response has been received.
Mr. Murray established that the Town Engineering Department has no objection to the applicant seeking preliminary plat plan approval at this time.
Mr. Bernard discussed the proposed layout of the entranceway with Mrs. Bittar. She explained that the layout was based on the grading of the area. He also asked her to explain a ridge area located on the site. Mrs. Bittar explained that this area is actually a fill pile. However, the applicant does not anticipate needing fill material on the site. Mr. Bernard also asked how much of the site will be cleared for the infrastructure to be put in. Mrs. Bittar explained that they would try to limit clearing. Mr. Bernard then asked Building Inspector Geist to comment on the previous Special Exception Use that had been granted to this property. Mr. Geist told the Board that the Special Exception Use is no longer valid and the lot coverage is acceptable.
Mr. Fabinsky asked if marketing information is being provided to the public. Mr. Chiarolanza noted that there is none being conveyed at the present time.
Mrs. Biryla established that a price range for the homes has not yet been set. At present the homes will be built by Essex and Ryan Homes.
Mr. Bodden spoke regarding the proposed trails. Mrs. Bittar noted that the plan indicates the continuation of existing trails.
Mr. Bernard asked if the construction of the trails is part of the PIP. Junior Engineer Thomas Ostrander noted that the trails are a part of the normal PIP package for a subdivision project.
Mr. Fabinsky would like to know what the applicant will do if a farm dump is discovered on the site. Mr. Chiarolanza noted that they removed samples from the fill pile and at a number of locations on the site. They have determined that only fill material from construction is located here.
Mr. McGuire made a MOTION, seconded by Mr. Bernard that the following Preapplication Findings are made based on the submitted sketch plan received 2/1/06 and the applicant has detailed:
● The total acreage is 12.7+/- acres.
● The desired zoning classification is R-2.
● The number of possible stages of completion is 1.
● The applicant’s position with respect to title is owner.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
Mr. McGuire made a MOTION, seconded by Mr. Bernard, to AUTHORIZE the Chairman set a Public Hearing when appropriate.
BERNARD AYE
BIRYLA AYE BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
7. P.B. File #06-06, Towne Lincoln Mercury, 3050 Orchard Park Road, Zoned B-2. Requesting a Change in Use from Automotive dealership and service facility to medical office space. Town Board referred to the Planning Board on 2/1/06.
APPEARANCE: James Churchill, Scheid Architectural
Mr. Churchill explained the proposed plan to convert the former automotive dealership and service facility into medical offices. He also presented an elevation for the members to review and a brick color sample. Mrs. Biryla complimented the plan, but told Mr. Churchill that she would like to see the height of the cornice at the roof line increased by approximately 1-1/2-foot to 2-foot. She feels this will help eliminate the “flat” appearance and give the building more dimension. She further confirmed that the Conservation Board approved the proposed landscaping plan and that the green space area at the site is increased.
Mr. Murray asked Mr. Churchill to elaborate further on what the definition of medical office use is. He would like a more specific description to insure that there will be no retail or non medical use at this location. Mr. Churchill explained that the use will be strictly for medical offices and medical practitioners. He told the Board that at present, there is one confirmed tenant; Dr. Santos, whose office is an OBGYN practice. Tentatively, there may be a radiology suite and a testing lab.
Mrs. Biryla and Mr. Murray questioned if there are plans for a pharmacy or ophthalmologist. Mr. Churchill stated that there is no plan for a pharmacy or ophthalmologist at the present time. Mr. Murray stated that he would like to be sure that Mr. Churchill is proposing a very precise definition of medical office. He confirmed that Mr. Churchill is proposing strictly medical offices and medical practitioners. He asked if Mr. Churchill could provide an idea of the number of medical staff that would be at the site. Mr. Churchill noted that he could for the one confirmed tenant of the facility. Dr. Santos will have five doctors, four midwifes and three assistants. It was further noted that there will be 183 parking spaces and the site will be ADA compliant. Mr. Churchill stated that there is adequate parking and that they are required to have 188 parking spaces, plus one per office.
Mr. McGuire established that there will be no live births at the facility; it is strictly for medical professional offices.
Mr. Bernard and Mr. McGuire reviewed the submitted lighting plan with Mr. Churchill. It was noted that the wall packs must have full cut-offs. Mr. Churchill stated that he will revise the plan as discussed.
Mr. Fabinsky noted that the proposed plan will help fill vacant retail space and he feels the increase in landscaping and the reduction of lighting improve the site.
Mr. Bodden concurred, noting that he likes the improvements and the increase in the green space area.
Mr. McNamara made a MOTION, seconded by Mr. Bernard, to recommend that the Town Board APPROVE the requested Change in Use at 3050 Orchard Park Road from an automotive dealership and service facility to medical office space and ISSUE a Building Permit for a 3139 sq. ft. addition to an existing building and a 2,000 sq. ft. new structure, based on the following conditions and stipulations:
1. This is an Unlisted Negative SEQR Action and therefore no determination of significance is required.