Minutes of the December 13, 2006 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: William McNamara, Chairman
Paul Bodden
Harold Fabinsky
Michael McGuire
Philip Murray
Eugene Majchrzak, Alternate
EXCUSED: John Bernard
Lorraine Biryla
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 November 8, 2006 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 November 8, 2006 meeting as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 7:30 P.M. Public Hearing, P.B. File#33-98, proposed Knoche Farms Subdivision, Vacant land, north side of Milestrip Road, west of Transit Road, Zoned R-2. Planning Board, under SEQRA, to conduct a public hearing for the submitted DEIS. Pre-Application Findings made on 7/8/98 and 3/10/99.
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published November 18, 2006 was presented and filed with the Board by the Planning Board Secretary.
IN FAVOR:
Mr. Rob Pidanick
Greenman-Pedersen, Inc.
4959 Genesee Street
Buffalo, NY 14225
Mr. Pidanick told the Board that he is in favor of the project.
Andrew Leja, Attorney
Hiscock & Barclay
Financial Plaza
221 South Warrant St.
P.O. Box 4878
Syracuse, NY 13221-4878
Mr. Leja told the Board that he is in favor of the project.
Mr. Pidanick gave a brief summary of the proposed project to update the residents attending the public hearing and Mr. Leja presented a display board depicting the proposed subdivision.
AGAINST:
Mr. Fred Haas
7793 Michael Road
Orchard Park, NY 14127
Mr. Haas stated that he sent several letters to the Board noting his concerns regarding the proposed subdivision. He told the Board that he would like to reinforce the fact that a lead cable was buried on the site in 1956. He believes the cable may have deteriorated over time and may have contaminated the soil. He further believes that testing should take place to make certain that once the cable is disturbed, it and the other identified contaminants present in the soil, will not contaminate the site further, nor his property.
Mr. Haas discussed the drainage of the Knoche property and told the Board that 3/4 of the drainage from the Knoche Farm drains towards the northwest corner of the site and then onto his property. In addition, the former Nike Base surface water flows onto the Knoche farm. Mr. Haas stated that he will have the water draining from the Knoche site onto his property tested.
Mr. Haas also discussed the proposal to mitigate a wetland on Milestrip Road to the northwest corner and combining this with the retention basin that will handle the subdivision. He recently visited this area and reported that there was 18 inches of standing water in this corner. He feels that any contaminate present is too much, with respect of it flowing on to his property. He does not want to live in a situation where he should have to “just live with it”; especially, with regards to the buried cable, noting that lead is a known contaminant. He feels it is very important to acknowledge the approximately 1,000-feet of lead cable present on this site.
Mr. Don Dieter
7766 Milestrip Road
Orchard Park, NY 14127
Mr. Dieter told the Board that he built his home in 1990 and that it is located on the west side of the proposed entranceway for this subdivision. He told the Board that he feels a serious water problem exists at the site and he expressed his concerns regarding the proposed mitigation of the wetland area to the rear of the property. Mr. Dieter noted that he has contacted both the Town and the County to discuss the water problem and he was told that the water table is high and that nothing can be done. He believes that this is a poor location for the entranceway with the type of foundation that exists here.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to ADJOURN the PUBLIC HEARING.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Leja discussed the motion to adjourn and SEQRA law. He asked that the Board consider allowing additional comments in writing and not oral ones. Mr. McNamara noted that he is concerned that responses not yet received from the agencies may be of interest to individuals. He stated that he believes it is in the best interest of the Town and the public to adjourn and allow additional time for comments to be received. Mr. Bodden noted that he agrees; ample time must be provided for the review and comment on the DEIS.
Mr. Leja asked if comments regarding the DEIS have been received from the Town Board members. Planning Coordinator Remy Orffeo noted that, as of this date, no correspondence has been received from the Town Supervisor or Town Board members. Mr. Leja then asked if the members of the Planning Board have comments regarding the DEIS. Mr. Murray noted that he would like the Planning Coordinator’s memo dated 12/13/06 documenting the summary of responses that have been received made a part of the record.
Mr. Bodden read the Planning Coordinator’s memorandum as follows:
“The following responses have been received, to date, regarding the DEIS for the above project:
1. Orchard Park Fire Commissioners – opposed to project because of only one access road;
2. Erie County Department of Environment & Planning -
a) Project does not incorporate the recommendations contained in the Orchard Park Plan (OPP) dated 7/02; and
b) Project may threaten Town of Elma’s comprehensive plan;
3. Erie County Department of Environment & Planning Division of sewerage management –
“This project is tributary to the service area determined by an agreement between the Town of Orchard Park, the DSM, and the ECIDA on April 26, 1984. Since this service area will have to be expanded to include this project, the developer is required to request a modification of the agreement to include the proposed subdivision in the service area”;
4. Erie County Department of Public Works/Highways - no comment;
5. Orchard Park School District - does not support the DEIS, negative impact on student capacity at Eggert Road Elementary;
6. Public Safety Committee – opposed, one-way entrance is dangerous for Police & Emergency vehicles; and
7. Letters from Fred Haas, 7793 Michael Road – concerns regarding buried telephone cable with lead sheath, dumping, volume of run-off water, his tree line during construction and would like a fence separating his property from the project.”
Mr. Orffeo stated that he provided Mr. Leja with a copy of each of these responses.
Mr. McNamara confirmed that Mr. Orffeo contacted the Town of Elma. Mr. Orffeo told the members that he spoke to the Town Clerk of Elma and discussed arranging a meeting with their town planning board if they had any concerns after they reviewed the DEIS. He stated that the meeting would take place before the continuation of the public hearing. The Chairman will advise Mr. Leja and Mr. Pidanick if a meeting is scheduled with the Town of Elma so that they may attend.
Attorney Michael Wolf asked Junior Engineer Thomas Ostrander to discuss the Engineering Department’s concerns with this project and Mr. Ostrander established that Town Engineer Wayne Bieler commented on the age of the traffic study and that; secondly, he has comments on the layout of the plan. Mr. Leja asked if Mr. Bieler would prefer a new traffic study or to have the current
study updated. Mr. Ostrander noted that Mr. Bieler had not been specific and that he will confer with him and advise the Chairman of his preference.
Mr. Murray stated that he would like a new traffic study performed. He discussed the cumulative impact on Milestrip Road with motorist use of Route 400 and Transit Road and the access of Milestrip Road. He noted that there may be new data available and that it should be examined.
The Chairman stated that the case will be adjourned to the February 14, 2006 meeting.
Mr. Ostrander noted that the concern for the traffic study and the necessity to do another was expressed prior to the submittal to the agencies. The Chairman noted that the traffic study was discussed in October 2006 by the Town’s consultant, Hatch-Acres. It is not a surprise tonight that the issue of the traffic study has been brought up. Mr. Pidanick discussed a letter from Mr. Pratt of GPI indicating that Hatch-Acres agreed that the submitted study was acceptable. Mr. Orffeo noted that his conversations with Hatch-Acres were that they (Hatch-Acres) agreed that what the applicant submitted was complete enough to submit to the public. That was the extent to the agreement; Hatch-Acres made no recommendation that the information was complete enough for the Planning Board to not request additional informational. He further noted that there is a distinction there, which needs to be made.
Mr. McGuire noted that he would like the applicant to provide the Board with information on the telephone cable buried in 1956 that Mr. Haas has brought to the Board’s attention. He feels that information provided by Mr. Haas is creditable and he would like it addressed. Mr. Leja asks that Mr. Haas provide him with the exact location of the buried cable. Mr. Haas replied that he can take the applicant within two to three feet of the buried cable.
OLD BUSINESS
1. P.B. File #53-06 Polymer Conversions, Jack Bertsch of Polymer Conversions, 5758 Big Tree Road, located on the north side of Big Tree Road, Zoned I-1. Town Board referred to Planning Board on 3/1/06. Planning Board to review request for a Change-in-Use to convert existing residence to office space.
APPEARANCE: Wendy Bertsch, applicant’s daughter
Ms. Bertsch noted that the property was rezoned to I-1 and that they now are seeking a Change-In-Use. The Board discussed the project and determined that a formal presentation must be submitted addressing the parking and lighting for the site.
Mr. McGuire made a MOTION, seconded by Mr. Murray to TABLE this case pending the receipt of a formal presentation.
Ms. Bertsch asked for clarification of the items that the Board requested and Mr. McGuire indicated that he would like the following:
P.B. Mtg. #16 Regular Mtg. #12 December 13, 2006 Page 6
1. A photometric of the site, the size of the poles (fixture cuts); fixtures shall have flat lenses.
2. The square footage of the building is needed to calculate the parking space requirement.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Planning Coordinator Remy Orffeo requests that the applicant submit items for the members to review in a timely manner.
NEW BUSINESS
1. P.B. File #39-06, Hugh Smith, Vacant land located at 3410 Angle Road, (west side), SBL#153.19-1-12, Zone R2. Requesting Planning Board Pre-application findings of a proposed 1-lot subdivision.
APPEARANCE: Hugh Smith, property owner/developer
The Board members reviewed the submitted sketch plan and discussed the history of the site relative to the number of splits that occurred. It was established that five splits have occurred, making it necessary to begin the subdivision review process. Junior Engineer Thomas Ostrander stated that the Engineering Department has no comments regarding the pre-application findings. He noted that the sewer will be septic and the applicant will need Erie County Health Department approval and comply with all other comments noted in the Engineering Department’s review letter dated November 3, 2006.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden that the following Pre-application Findings are made based on the submitted sketch plan received 8/17/06 and the applicant has detailed:
· The total acreage is 0.8 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.
1. The zoning will remain as is.
2. Access to surrounding properties has been addressed by
Angle Road.
P.B. Mtg. #16 Regular Mtg. #12 December 13, 2006 Page 7
3. Recreation fees in lieu of recreation area will be provided in accordance with Section 144-70E of the Town Code and shall be paid prior to the Final Plat Plan Public Hearing.
4. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
5. One (1) Street Tree per the Conservation Board's Street Tree Plan shall be provided on each lot per Section 121-77 of the Town Code.
6. The applicant shall complete and submit the Short EAF for this Unlisted SEQR action.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #14-04, Pleasant Acres II, 4-lots at northwest corner of existing Pleasant Acres II subdivision (Burbank Drive) Zoned R-2. Planning Board to schedule a public hearing regarding change in map cover.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to AUTHORIZE the Chairman to set a public hearing when he deems appropriate.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #56-06, Hortland Development, 3566 N. Buffalo Road (east side), Zoned B-3. Town Board referred to Planning Board on 11/1/06. Planning Board to review request for a Change-in-Use to convert existing residence to office space.
Note: This case was removed from the agenda and referred to the Zoning Board of Appeals for a front yard parking variance request.
P.B. Mtg. #16 Regular Mtg. #12 December 13, 2006 Page 8
4. P.B. File #61-06, Carnation Senior Housing (People, Inc.) 2336 Southwestern Boulevard, south side of road, Zoned SR. Applicant seeks Planning Board approval for proposed signage.
APPEARANCE: Rhonda Frederick, Ms. Rhonda Frederick, Chief Operating Officer, People, Inc.
Erica Newsom, People, Inc.
The members discussed the location of the proposed sign. Building Inspector Andrew Geist noted that the sign is code compliant and he discussed the light that will be used to illuminate the signage. He requests that the applicants shine the light directly onto the sign. Junior Engineer Thomas Ostrander discussed the Town’s requirement regarding buffering light for the signage by mitigating the ground level glare with landscaping. The applicant agrees to plant two (2) bushes.
Mr. McGuire made a MOTION, seconded by Mr. Bodden to GRANT approval of one free standing identification sign located on the south side of Southwestern Boulevard based on the submitted plan received 11/16/06. The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. One (1) dwelling group identification sign is approved and permitted by Section 144-37B(1) of the Town Code.
3. The dwelling group sign measures 5 feet wide, by 3 feet high, with a maximum overall height of 5.50 ft.
4. The group dwelling identification sign will be illuminated with two small ground fixtures.
5. The sign will be located per the approved location plan dated 11/16/06.
6. A permit fee shall be paid in accordance with Section 144-70A(1).
7. Plantings will be provided on both sides of the sign to conceal the two ground fixtures.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
P.B. Mtg. #16 Regular Mtg. #12 December 13, 2006 Page 9
CONCEPT REVIEW:
1. P.B. File #60-06, John & Linda Stoveld, 3649 Southwestern Boulevard, south side, Zoned R-3. Applicant seeks rezoning of property from R-3 to I-1. Town Board referred to Planning Board on 11/15/06.
APPEARANCE: Mrs. Stoveld, applicant/property owner
Mrs. Stoveld explained that she would like to operate a real estate brokerage firm in her existing home and Planning Coordinator Orffeo told the Board that she is looking for direction before she puts together a formal package to present to them.
Mr. McGuire discussed the request to rezone the property from R-3 to I-1; he questions why the request was made to change the zoning to Industrial. Building Inspector Geist noted that there is no B-3 zone in the area and that he feels it is appropriate to rezone to I-1, rather than to have a request for spot zoning.
Junior Engineer Thomas Ostrander established that the plan by the NYS D.O.T. to discontinue the connection of Webster Road to Southwestern Boulevard will not affect the applicant.
Mr. McNamara told Mrs. Stoveld that the following items need to be considered; parking, lighting, signage, drainage of the site, zoning and a review by the Conservation Board.
Mr. Bodden established that the request was not brought before the Zoning Board of Appeals because there is no hardship. The Planning Coordinator noted that there is no simple solution for the request.
Mr. Murray stated that he would like to know what the D.O.T. response to the proposed project will be with regards to traffic safety and what the road will bare.
Mrs. Stoveld noted that she has five family members and that these will be the individuals that she would like to employ in her business. She further noted that this is a small firm. The Chairman noted that he would like to know how the request will affect the nearest neighbor; if there will be buffering and if the parking requirement can be met.
Mr. Bodden noted that he is against the request as the area is zoned residential for a reason; it is to protect the residents. There is a provision for a “home office”; however Mrs. Stoveld discussed having several employees, increased parking and lighting. In his opinion, this does not fit this neighborhood.
The Board members agree that it is difficult to know if they support the request as they require additional information. Mrs. Stovheld was told to work with an architect to see if her proposal is feasible.
P.B. Mtg. #16 Regular Mtg. #12 December 13, 2006 Page 10
2. P.B. File#58-06, Delta Sonic Car Wash, 3205-3225 Orchard Park Road, located on the east side of Orchard Park Road, Zoned B-2. Planning Board to review concept plan for expansion of existing site.
APPEARANCE: Mr. Michael Green, Vice President of Delta Sonic
Mr. Jim Fittante, Project Manager
Mr. Green told the Board that Delta Sonic has recently purchased the adjacent Mobile gas station site and that they would like to upgrade and expand their operations.
The members discussed having an adequate number of parking spaces, vehicle queuing and improving the flow of traffic generated by this business. In addition, the applicants were told that they must apply to the Zoning Board of Appeals for a variance to allow front yard parking.
Mr. McGuire told the applicants that they must submit a lighting plan based on Town requirements. He further requests that they contact the adjacent property owner, The Full Gospel Tabernacle, and seek off-site parking.
Junior Engineer Thomas Ostrander discussed eliminating one of the curb cuts onto Southwestern Boulevard as noted on the concept plan submitted to the Town.
Mr. Fabinsky noted that he has no opposition to the proposed plan; but he wants to be sure it works well.
Mr. Murray told the applicant that he would like the number of curb cuts reduced; that he would like to see off-site parking at the adjacent “Full Gospel Tabernacle”; and that he would like the design of the building to compliment the “Top’s Plaza” across from this site. He suggests that the applicant submit several designs to provide the Board with options.
Junior Engineer Thomas Ostrander told the applicants that the Town of Orchard Park has a certain architectural appearance that they want maintained and that color renditions should be submitted representing the appearance of the proposed buildings. He also noted that the applicant must contact the NYS D.O.T. for all work involved with the curb cuts, whether added or removed and any other work within their R.O.W.
Chairman McNamara discussed the importance of the look of this site as it is located an entranceway to the Town of Orchard Park and a major intersection.
Planning Coordinator Remy Orffeo told the applicants to submit a plan reflecting the Board’s comments and a color rendition of the building.
P.B. Mtg. #16 Regular Mtg. #12 December 13, 2006 Page 11
There being no further business, the Chairman adjourned the meeting at 9:06 P.M.
DATED: January 5, 2007 Respectfully Submitted,
REVIEWED: January 8, 2007 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman