Minutes of the January 11, 2006 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: William McNamara, Chairman
Lorraine Biryla
Paul Bodden Harold Fabinsky
Michael McGuire Philip Murray Eugene Majchrzak, Alternate
EXCUSED: John Bernard
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 December 14, 2005 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden to accept the minutes of the December 14, 2005 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.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to RECOMMEND that the Town Board recognize Mrs. Lorraine Biryla for her years of dedicated and effective service as our Planning Board Chairman, for the time and effort she extended and for the skill that she utilized to do that job in excellence.
THE VOTE ON THE MOTION BEING:
BIRYLA ABSTAINED
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
1. P.B. File #33-05, Wesleyan Church of Orchard Park, 7295 Ellicott Road, Zoned R-1. Requesting a Building Permit for a revised submittal to construct an 8,500 sq. ft. Sanctuary addition to the existing church building. Town Board referred to Planning Board on 11/16/05.
APPEARANCE: Phil Silvestri, Silvestri Architects
Andy Marino, Tredo Engineers
Mr. Silvestri distributed copies of the site plan for the proposed project and explained to the members that the project had been revised from a previous submission. He discussed these revisions with the Board.
Mr. Murray established that Engineering approval has been granted for the project.
Mr. McGuire asked for clarification regarding the size of the addition, noting that the site plan indicates 8,250 sq. ft. However, in a November 1, 2005 correspondence to the Planning Department the request was for 8,500 sq. ft. Mr. Marino told the Board that he believes the discrepancy occurred while the project was undergoing further down sizing. The request will remain as Mr. McGuire also noted that a discrepancy exists with the number of light poles shown on two submitted drawings; one drawing indicates 10 light poles and the other indicates 8 light poles. Mr. Marino told the Board that there will be a total of 8 light poles.
Mr. Fabinsky verified with Building Inspector Andrew Geist that
the 117 proposed parking spaces meet the ordinance requirement.
Mr. Bodden established that the original submission approved by the Planning Board in March, 2005 was abandoned due to being over the allowed budget. The revised plan presented is entirely a new concept and smaller. The addition will be one level.
Mrs. Biryla, based on her concern for the area being residential asked when the sanctuary would be used. It was established that it would be used on Sunday morning, with occasional use occurring on both Saturday and Sunday evenings.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to RECOMMEND that the Town Board authorize a Building Permit for an 8,500 sq. ft. Sanctuary addition to the existing church building and APPROVE the site plan received 12/2/05 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. Engineering Department approval was granted on 1/11/06.
6. A Landscape Completion Bond of $24,195.00 or a certified check in the amount of $12,097.50 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 10% green space.
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.
2. P.B. File #35-05, Jeremy Lindstrom, 3776 North Buffalo Road, Zoned B-3. Requesting a Change in Use from residential to business in order to operate a chiropractic practice. Town Board referred to Planning Board on 12/7/05. Tabled by the Planning Board 12/14/05.
APPEARANCE: Dr. Jeremy Lindstrom, petitioner
Dr. Lindstrom presented a site plan indicating that he proposes to have a total of 9 parking spaces. Building Inspector Geist confirmed that the proposed parking plan is in compliance with the Town code, which requires 4 parking spaces.
The members’ questions established that Dr. Lindstrom would have adequate parking spaces if a hair salon were operated here in the future and that it would not be necessary for the applicant to appear before the Board if the salon were located in the existing structure. However, if an addition is added Dr. Lindstrom may have to appear before the Board for review. No additional lighting will be installed. The current and future plans for the site will be ADA compliant.
Chairman McNamara discussed the installation of the parking lot area with Dr. Lindstrom. It was determined that the parking lot area will have stone installed as soon as possible and that asphalt will be applied by 6/15/06.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board APPROVE the requested Change in Use at 3776 North Buffalo Road from residential to business in order to open a chiropractic practice based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. The parking spaces are to be provided as outlined on the plan dated 12/19/05, with paving to be completed by 6/15/06.
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.
3. P.B. File #32-05, Eastco Multimedia Solutions, Inc., 3646 California Road, Zoned I-1. Requesting a Building permit for a 14,200 sq. ft. addition to an existing building. Town Board referred to Planning Board on 11/16/05.
APPEARANCE: Mr. Bob Conway, Conway Architects
Mr. Neal Kochis, William Schutt & Associates
Mr. Holt Zaughn, Property owner
The Chairman noted that two issues exist with this project; the D.E.C. correspondence regarding the possible existence of the endangered Blunt-lobe Grape fern and a sanitary sewer issue. Mr. Conway told the Board that with regards to the Blunt-lobe Grape fern; Earth Dimensions conducted a site investigation and reports in a correspondence dated January 9, 2006 that the Blunt-lobe Grape fern is not present. Mr. Kochis explained that with regards to the sanitary sewer issue, the Erie County D.E.C. has given their approval. The project is now awaiting Town of Orchard Park Engineering approval.
Mr. Zaughn told the Board that Eastco Multimedia Solutions prepares and writes material for clients through the use of equipment such as audio and video. The proposed addition is desired to create more warehouse space.
Mrs. Biryla asked if the Earth Dimensions correspondence was provided to the D.E.C. Mr. Conway stated that it had been, and that he had a verbal conversation with the D.E.C. affirming that they were satisfied with the results reported by Earth Dimensions. The Chairman noted that it would not be likely that the D.E.C. will check the work of Earth Dimensions.
Mr. Fabinsky established with Mr. Conway that based on the Blunt-lobe Grape fern plant’s habitat it is likely to be in the ravine area and not in the location where the addition is being proposed. He further established that nothing will be discharged from the business, such as liquids or gases. The only operation carried on in the building is electronic media.
Mr. Murray established that there will be two phases involved in constructing the addition and that the additions will be inter- connected and not separate buildings. The Phase 1 building will consist of 6,000 sq. ft., and the phase 2 building will consist of 8,200 sq. ft. He further established that engineering approval has not been granted. Junior Engineer Thomas Ostrander explained that both Orchard Park engineering and Erie County had concerns with the sanitary sewer system. However, Erie County approval has just been received for the sanitary work and Engineer Wayne Bieler must review the revised plan prior to granting final approval.
Mr. Bodden expressed his concern that the Board had not received a written response from the D.E.C. regarding the Earth Dimensions findings. He also questioned if the applicant will need to return before the Board for a review of phase 2. The members discussed how to proceed with their review of the project and they determined that the applicant will need to return before the Board for review before a building permit is issued for phase 2.
Mrs. Biryla confirmed that when Eastco appeared before the Conservation Board the landscape review had been for the entire site plan.
Mr. Fabinsky noted that he is uncomfortable with the verbal “hearsay” from the D.E.C. and the lack of engineering approval for the project. He feels that although the project is worthwhile there are “too many loose ends”.
The Board discussed the SEQR law briefly with Attorney Michael Wolf and concluded that the Board, as lead agent, could deem the letter from Earth Dimensions sufficient and declare a negative declaration for the project.
Chairman McNamara stated that he had spoken to Mr. Gibson of the D.E.C. Mr. Gibson told him that if the fern was an issue the project would be halted by them.
Mr. Bodden made a MOTION, seconded by Chairman McNamara, to RECOMMEND that the Town Board authorize a Building Permit for Phase 1 for a two-phase 14,200 sq. ft. addition to an existing building (phase 1 being 6,000 sq. ft.) and APPROVE the site plan received 12/06/05 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. With regards to lighting, drawing C4 shows addition of three (3), 175 watt metal halide wall packs with cutoff shields.
3. No outside storage or display is permitted.
4. Dumpsters as shown will be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
5. Approval is contingent upon Town Engineering Approval.
6. A Landscape Completion Bond of $19,000.00 or a certified check in the amount of $9,500.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 64% green space.
7. The Board is approving phase 1 of the site plan with the understanding that the applicant will return before the Board for a review of phase 2.
ON THE QUESTION:
Mr. Fabinsky confirmed with attorney Michael Wolf that no precedent will be set for other petitioners to use this case as an example if the project is approved by the Board contingent upon receiving engineering approval.
THE VOTE ON THE MOTION BEING:
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY NAY
THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) AGAINST,
THE MOTION IS HEREBY PASSED.
Other Business:
Brief presentation regarding Baker Highlands subdivision, vacant land, east side of Baker Road, north of Milestrip Road, Zoned R-2, P.B. File #24-03.
APPEARANCE: Victor Martucci, Marrano Homes
Pete Johnston, William Schutt & Associates
Mr. Martucci thanked the Board for the opportunity to update and answer questions that the Board may have regarding this project. They believe that they have addressed the concerns expressed by the Board and would like to move forward and be scheduled for preliminary plat plan approval. They recently met with the most affective neighbor as requested by the Board and stated that they will work with her to address her concerns.
Mr. Johnston told the Board that a total of 21 lots are planned and that none will be developed in the wetland areas. A dry detention basis will be located at the rear of the lots. A land donation of approximately 44.7 acres will be made to the Town. There will be public water and sewers.
The members discussed the project with the applicants. It was learned that access to the land donated to the Town will be through sublots 15 and 16 with a paved sidewalk. Access will also exist from Baker Road. A parking area for the Town Park can be created at the front access at Baker Road. The drainage with relation to the wetland areas was also discussed. Mr. Johnston explained to the Board that the wetlands are located uphill, which he noted is an unusual occurrence. He concluded that the drainage from the subdivision will not impact the wetlands nor will the water flow be increased with the removal of the ground water at the lower level.
There will be no wetland mitigation with this project. However, possible mitigation may be sought in the future with the existing wetland areas of the parkland being donated to the Town. This may be discussed in the future with the Town Board and Conservation Board. It will not change the acreage being donated to the Town.
The Chairman would like future residents of the subdivision to be made aware of the planned sidewalk that will provide access
P.B. Mtg. #1 Regular Mtg. #1 January 11, 2006 Page 9
to the Town recreation area. If possible, he would like screening to buffer the area for the two affected lot owners. He further noted that if engineering approval is received, the case will be placed on the February agenda.
Planning Coordinator Remy Orffeo requests that the applicant submit a revised landscape plan to the Conservation Board for their review.
There being no further business, the Chairman adjourned the meeting at 8:30 P.M.
DATED: January 17, 2006 Respectfully Submitted,
REVIEWED: January 18, 2006 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman