Minutes of the February 8, 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 January 11, 2006 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a MOTION, seconded by Mr. Fabinsky to accept the minutes of the January 11, 2006 meeting.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
1. P.B. 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. Board to consider additional action pursuant to SEQR.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, as follows:
Whereas; a Negative Declaration under SEQRA was made on this proposed subdivision on June 13, 2001, and;
Whereas, approximately 20,000 to 30,000 cubic yards of fill was subsequently delivered to the site of this proposed subdivision, some or all of which may have come from the Barrington Heights Subdivision, and;
Whereas; several recent lawsuits have raised environmental questions concerning the quality and metals content of the Barrington Heights soil;
Now, therefore, I would move that the Orchard Park Planning Board take the following action:
1. RESCIND the Negative Declaration issued on June 13, 2001 based on this newly discovered information and change of circumstances; All pursuant to Section 617.7 of the SEQRA regulations.
2. Notify all other involved agencies and the project sponsor per Section 617.7 of the regulations.
3. If the project sponsor is unable to convince the Board to the contrary; to proceed with rescission of the Negative Declaration and prepare, file and publish a positive declaration.
4. Require that the soil be thoroughly tested in order to determine any possible environmental concerns.
5. Employ a consultant to conduct the soil testing at the expense of the project sponsor pursuant to Section 617.13 of the SEQRA regulations.
6. Disapprove the preliminary plat at this time pending receipt of Engineering approval and re-establishment of SEQRA findings.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen
Mr. Pidanick stated that his purpose before the Board is to update them on the project. He noted that the plans have been revised to meet Engineering Department concerns expressed in September, 2005. Also, in connection with this, soil stability concerns were addressed in an amended geo-technical report. He further stated that the applicant is preparing to submit revised plans to the Town. He believed the soil concerns have been addressed in the amended report. He noted that the Board is within their rights, to rescind the negative declaration, based on the change of circumstances and he thanked the Board for their time.
2. P.B. File #03-06, Lowe’s Crossroads Centre, south side of Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of outside display. Board previously granted for a (1) year period.
APPEARANCE: Mr. Bob Estes, Manager
Mr. Estes presented a site plan detailing both the locations and the particular items that Lowe’s would like to have displayed outside. He indicated that the outdoor display items will be the same as the previous year, which included items such as wheel barrels, dog kennels, garden flowers, grills, bagged soils, mulch, utility trailers, salt, snow blowers, etc…
Mr. Murray asked Mr. Estes to describe the plan he is proposing. Mr. Estes explained the plan, noting that the store’s sales have leveled down, as anticipated with the construction of other Lowe’s Stores in the nearby area. He stated that he believes the plan used last year will work exceedingly well this year.
Mrs. Biryla told Mr. Estes that she would like the outdoor displays to be kept in a neat and orderly fashion, as she had found approaching the store to be difficult with items such lumber placed in the walkways. Mr. Estes assured the Board that the outdoor displays will be kept in a tidy fashion.
Mr. Bodden asked that the Building Inspector be provided with a copy of the proposed outside display plan for his future reference.
The members discussed the two-phase seasonal time frame and the particular items that will be placed outside with Mr. Estes and their locations. It was established that there will be more items displayed during the spring/summer months than the fall/winter months. Mr. Estes noted that phase 1 is March 1st, until the end of August/beginning of September; phase 2 is September through March 1st. The display locations will not be changed, only the products being offered will.
Mr. Fabinsky and Building Inspector Geist discussed the presence of tractor trailers with Mr. Estes. Mr. Estes explained that no tractor trailers stay; they rotate out after a delivery is made. The discussion concluded with Mr. Fabinsky requesting that Mr. Estes provide the Building Inspector with an outdoor display schedule and that Lowe’s adhere to what is shown on the plan for each location. He would like the site and outdoor display area to be monitored by the Building Inspector and/or the Planning Board so that problems or deficiencies may be corrected.
Mr. Bernard confirmed with the Building Inspector that the plan presented will be adequate.
Mr. Fabinsky made a MOTION, seconded by Mrs. Biryla, to GRANT Outside Display comprehensively covering the period from 2/9/06 to 3/1/07 but qualifying in seasonal phases as described below, based on the plan presented to the Board on 2/8/06 with the following stipulations:
1. This is a Type II SEQR action and therefore no determination of significance is required.
P.B. Mtg. #2 Regular Mtg. #2 February 8, 2006 Page 5
2. There will be no additional outside lighting for the display or the temporary structure.
3. The petitioner is to provide and adhere to a schedule for seasonal display given to the Town Building Inspector.
4. The grounds and display materials will be maintained in a consistent manner with and reviewed by the Planning Board or designee with the petitioner correcting any identified deficiencies in the layout structure.
5. There are to be no banners or signage.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
3. P.B. File #36-05, William E. Benn, 3764 N. Buffalo Road, Zoned B-3. Requests a Change In Use from Residential to Business. Use Variance granted on 1/17/06 by Zoning Board of Appeals. Town Board referred to Planning Board on 12/21/05.
APPEARANCE: Mr. William Benn, Applicant
Mr. Benn told the Board that he was granted a Use Variance from the Zoning Board of Appeals on 1/17/06 to operate his business at 3764 North Buffalo Road on the first floor and have a residential rental apartment located on the second floor. He seeks Planning Board recommendation to the Town Board for dual usage at this location.
He told the Board that the site will be ADA compliant. The members discussed the parking requirement and it was established that two spaces will be dedicated to the tenant per the ordinance. Building Inspector Geist told the Board that the proposed parking requirements are code compliant.
Mr. Bodden made a MOTION, seconded by Mr. McGuire, to recommend that the Town Board APPROVE the requested
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Change in Use at 3764 North Buffalo Road from residential to business in order to have dual use with a business located on the first floor and a residential rental apartment on the second floor based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. A Use Variance was granted on 1/17/06 by the Zoning Board of Appeals.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
4. P.B. File #08-06 Jim Ball Pontiac-Buick-GMC, Inc., 3475 Southwestern Boulevard, Zoned B-2. Requesting to amend the Certificate of Occupancy issued 10/23/01. Town Board referred to Planning Board on 2/1/06
APPEARANCE: Mr. Steve Castilone, General Manager
Mr. Don Stauffer, Dealer Operations
The applicants explained their need to convert two service bay areas from a detail and wash base to automotive repair bays at the Jim Ball Truck facility in order to comply with the Suzuki franchise agreement Mr. Ball has entered into. They explained that this is a temporary situation and that when the facility on Mid County is built the franchise will be relocated there. It was learned that the lifts have been installed at the truck facility; however, no repair work has occurred here.
Mr. Bernard discussed a correspondence dated October 23, 2001 that indicated Mr. Ball would not carry on repair work at 3443 Southwestern Boulevard. Mr. Castilone explained that the address was combined with 3475 Southwestern Boulevard in order to eliminate having to segregate the business operation with separate licenses, MV50 books, accounting books, inspection stickers and dealer plates. This would have placed a huge burden on their operations.
P.B. Mtg. #2 Regular Mtg. #2 February 8, 2006 Page 7
Mr. Bodden established with Mr. Castilone that the amended certificate of occupancy for the facility is needed “today”, as Suzuki requires the franchise dealer to have a New York State registered repair shop license. Once the Suzuki dealership is built, they will re-establish themselves on Mid County Drive. Mr. Castilone could not confirm when the dealership would be built, or if additional requests would be made for the truck facility, such as additional service lifts to be installed. Mr. Bodden noted that he would not make decisions on the unknown.
Mr. Fabinsky expressed his concerns regarding the Jim Ball projects that have been developed as a whole. He is uncomfortable with the complaints the area residents have voiced. He spoke regarding the Mid County Drive project’s unresolved buffer plan that remains for the residents residing on Auckland Avenue. Mr. Castilone told the Board that the residents and several Town Board Members had met recently regarding this issue and he believes the buffer question is resolved. Mr. Fabinsky stated that he would like to see a plan regarding this and the commitment to follow through with the plan.
Mr. Castilone told the Board that the Suzuki franchise deal will be in jeopardy if they do not have the certificate of occupancy amended.
Mr. Bodden noted that granting a one year renewable certificate of occupancy will give the Board the assurance that this will not stay a repair facility. He further noted that the proper SEQR process has not been gone through. He is not sure that the change in use request will affect the neighbors. He believes that delays have created a hardship for the applicant and at the same time, he feels a sense of responsibility to the residents. Therefore, he would agree to limit the request to one year if it would help the applicant to move forward. Attorney Michael Wolf stated that the Board can recommend that the Town Board grant the amended certificate of occupancy for a certain length of time and have it be renewable.
Mrs. Biryla requests that the SEQR be re-submitted for the change in use being proposed.
Mr. Bernard noted that the resubmitted SEQR must identify the difference from going to “wash” phase to “repair”. He asked
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Attorney Wolf to review the minutes from May 10, 2000 and September 13, 2000 Planning Board meetings; in particular, with regards to the comments of the former Building Inspector Joseph Campion (May 10, 2000). The minutes stated, “The potential of this building being used as a working shop was discussed. It was noted that the site is too small for any type of mechanical or collision shop to be installed. Mr. Campion commented that a “Special Exception use” would need to be applied for in the event that Mr. Ball ever wished to have a collision or mechanical shop.”
The members discussed having a special meeting once the SEQR document was received and reviewed by the Board. The Chairman polled the Board and the members unanimously agreed to have a special meeting.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to TABLE the request and withhold making a recommendation for the following reasons:
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION TO TABLE IS UNANIMOUSLY PASSED.
P.B. Mtg. #2 Regular Mtg. #2 February 8, 2006 Page 9
Other Business:
1. Holly Ridge Subdivision, P.B. File #01-06. Rob Pidanick to discuss concept plan for proposed subdivision.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen
Mr. Timothy Morgan,
Mr. Pidanick told the Board that the proposed subdivision will be developed in one stage and be located on a 32.4+/- acre parcel located north of the Braunview subdivision. The zoning classification is R-1. It will be accessed using the existing Holly Ridge Lane and have two cul-de-sacs designed within it. All public utilities will be available. The number of lots being proposed is 24.
The members discussed the project with the applicant and determined that they would like an additional proposal offered.
They also expressed a desire to have land donated to the Town, rather than fees paid.
It was learned that a portion of the property (6.9 acres) is privately owned by an archeological conservancy where Indian artifacts have been found. The applicant is contracting to buy this property.
Mrs. Biryla told Mr. Pidanick that the cul-de-sac design may be a problem and that he might want to discuss this with Highway Superintendent Fred Piasiecki.
Mr. Pidanick inquired about the Trails Committee and Mr. Bodden, the Trails Liaison, asked that he contact Trails Committee Chairman Anne Bergantz regarding potential trails.
Mr. Murray discussed the fact that this property is near Barrington Heights and suggests that the applicant have soil and water testing performed in a grid pattern.
Mr. Pidanick thanked the Board for their input regarding the proposed project.
P.B. Mtg. #2 Regular Mtg. #2 February 8, 2006 Page 10
2. Benderson Development, P.B. File #37-05, Vacant Land, east side of North Buffalo Road, Zoned B-2. Eric Recoon to discuss project with regards to lighting, parking lot and green space.
APPEARANCE: Mr. Eric Recoon, Benderson Realty
Mr. Jim Rumsey, Benderson Architect
Mr. Chris Wood, FRA Engineering
Mr. Recoon told the Board that he had met with the Conservation Board on January 31, 2006. At that meeting, the Board tabled their review of the project and requested a revised plan addressing the interior green space requirements. Mr. Recoon presented the revised landscape plan to the Planning Board members, noting that three variance requests will be sought at the Zoning Board of Appeals March 21, 2006 meeting. The requests will involve front yard parking, an 8 foot high fence and a height variance for one of the proposed buildings. The peak on one of the proposed buildings creates the need for a height variance.
The lighting plan was discussed and Mr. Bernard made suggestions on how to eliminate spillage onto the residential property. He advised the applicant to revise the plan and reduce the cutoff at the perimeter to 2.5.
Mr. Recoon told the Board that signage will be addressed at a later time.
Mr. Bernard noted that the Planning Board could recommend that the parking requirement be reduced by 7 spaces. The members discussed granting this reduction in parking spaces and concluded that it would eliminate the need for the front yard parking variance. They asked the applicants to revise the plan based on the Board’s suggestions.
Mr. Ostrander noted that the revisions may delay Engineering Department approval for the project.
The members also discussed having the utility box disguised so that it will not be a distraction on the site.
The Board discussed the known tenants that have contracted for the site. These include Talbot’s, Chico’s and Coldwater Creek.
P.B. Mtg. #2 Regular Mtg. #2 February 8, 2006 Page 11
Mrs. Biryla discussed the aesthetics of the proposed buildings.
Mr. Recoon noted that each tenant has their own distinct identity and that it would be difficult to have them conform to a “look”. The applicants agreed to tone down any red color, and try to have it maroon toned. They will also try to have uniform signage and have the brick wall to appear not so “long” and “like a brick wall”.
The variance request to have an 8 ft. fence to buffer the resident on the north side of the project will be installed and maintained by the applicant with landscaping planted. The resident was present (Mr. Bailey) and he told the Board that he is agreeable to the proposed fence.
Mr. Recoon told the Board that the project desires to break ground in April. He thanked the Board for their input.
There being no further business, the Chairman adjourned the meeting at 9:13 P.M.
DATED: February 13, 2006 Respectfully Submitted,
REVIEWED: February 21, 2006 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman