Minutes of the June 14, 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
Harold Fabinsky
Philip Murray Eugene Majchrzak, Alternate
EXCUSED: Paul Bodden
Michael McGuire
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.
The Chairman noted that the minutes from the May 10, 2006 meeting have not been reviewed by the Board; they will be voted on at a later date.
1. P.B. File #32-06, Bounce Magic, 2881 Southwestern Blvd., Zoned B-2. Requesting seasonal outdoor expansion.
APPEARANCE: Mr. Timothy Wood, owner
The Chairman noted that Mr. Wood could not be placed on the 5/10/06 agenda as an official item. However, due to time constraints involved with ordering equipment he appeared before the Board as an “other business” item. At that time the Board asked extensive questions regarding safety and insurance. The Board did not express negative feelings regarding the request.
Mr. Wood confirmed that the equipment has been ordered. He briefly reviewed his request and presented a sketch outlining his proposal. He told the Board that a removable 45’ pond surface will house bumper boats that will be used in a ride. In addition, gem mining will be offered as an educational program.
Mr. Murray established that there is no extraordinary type of insurance that is necessary for the described operation. Mr. Wood noted that he contacted his insurance carrier “Sterling & Sterling”; he told the Board that he is sufficiently insured for the outside activities.
Mr. Bernard established that the period of time that Mr. Wood is requesting is June 14, 2006 through October 31, 2006.
Mrs. Biryla made a MOTION, seconded by Mr. Bernard to GRANT the request for seasonal outdoor expansion & the installation of a temporary fence from 6/14/06 to 10/31/06 based on the plan presented to the Board on 4/25/06 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.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
2. P.B. File #30-06, Tops, 3201 Southwestern Blvd. Zoned B-2. Requesting Planning Board approval of outdoor display.
The Chairman called for a representative to come forward; there was no one present.
3. P.B. File #06-04, proposed Armor Knoll Subdivision, Vacant land, northwest corner of Armor Duells Road and Duerr Road, Zoned R-2. Requesting Final Approval of a 12-lot subdivision. Pre-Application Findings Review made on 4/14/04.
APPEARANCE: Mr. Andrew Romanowski, Alliance Homes
Mr. Michael Borowiak, Nussbaumer & Clarke
The applicants briefly reviewed the project noting that Engineering approval and Conservation Board approval have been obtained.
Mr. Murray questioned the fact that he observed the approval form in the file signed by the Town Engineer, but that the Highway Superintendent had not signed it. The Planning Coordinator noted that Engineering approval was granted today; due to the lateness in the day, Mr. Piasecki verbally conveyed his affirmation for the project and would be submitting a signed document for the permanent file before permits are issued.
Junior Engineer Thomas Ostrander noted that it is standard practice for the Town Engineer to sign the approval document first knowing that the Highway Superintendent has no problems with the project.
Mr. Bernard established that two parcels of land will be deeded to the Town. He would like the zoning map changed to reflect that the parcels have been placed into land conservation. He further established that SHIPPO has no issues with the site and the project is not being built in the flood zone. Mr. Bernard noted that, typically, the applicant submits a street name to the Town Clerk; this has not been done. Mr. Bernard confirmed that the current plan shows clearing limits and part of the sewer line easement is located on lot 12.
Mr. Fabinsky noted that he has concerns regarding approvals not being in place.
Chairman McNamara made a MOTION, seconded by Mrs. Biryla Regarding Planning Board Subdivision File #6-04 I move to GRANT Conditional Final Plat Plan Approval to this 12 lot subdivision based on the submitted plat plan received 5/11/05 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on 4/14/04.
2. A negative declaration was issued on 5/11/05.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation area per Section 25-4 of the Town Code shall be deeded to the Town of Orchard Park. In addition, the petitioner has agreed to construct a trail system as marked
on the map presented to the Conservation Board on 8/2/05. The two parcels (land deeded to the town) shall be place into land conservation and the zoning map will be revised to reflect this change.
5. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
6. Town Engineering Approval has been granted on 6/14/06.
7. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
8. All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
9. A Building Permit may not be issued until the Town Highway Superintendent signs the final approval document for the permanent file.
10. The applicant must contact the Town Clerk regarding proposed street names so they may be reviewed by the proper entities.
THE VOTE ON THE MOTION BEING:
BERNARD NAY
BIRYLA AYE
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY NAY
THE VOTE BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
4. P.B. File #16-06, Gian Carlo & Roberta Bruni, 5100 Big Tree Road, Zoned B-2. Requesting a Change In Use to operate a restaurant in an existing dwelling. Town Board referred to Planning Board on 3/15/06.
APPEARANCE: Daryl Martin, Architect
Mr. & Mrs. Bruni, applicant
Mr. Martin told the Board that the subject parcel has two homes located on it and that on 4/18/06 the Zoning Board of Appeals granted a Use Variance to allow the applicant to reside in the rear home and operate a restaurant in the other. He presented and explained plans to the Board to convert the existing home into a fine dining restaurant, noting that the applicant is proposing a total of 14 parking spaces and would conform to ADA regulations.
Mr. Fabinsky, establishing that the nearest cross road is Abbott Road, questioned if the restaurant would have an impact on the surrounding neighborhood. Mrs. Bruni told the Board that she did not feel the restaurant would impact the neighbors on the west and she told the Board that the parking lot would be located approximately 70-feet away from the nearest property line on the east. In addition, a row of trees separates the site from another neighbor.
Mrs. Biryla confirmed that the zoning of the area allows the proposed restaurant. The restaurant will be open Tuesday through Saturday, from 5:30 P.M. to 11:00 P.M. The restaurant will be operated by Mr. & Mrs. Bruni and their daughter. No other employees are anticipated.
Mr. Murray verified that the restaurant will be ADA compliant.
Mr. Bernard confirmed with the Building Inspector that the zoning of the site will allow the proposed usage. He also discussed the proposed parking and verified that it meets the Town requirement. It was also learned that there will be 7 tables with four chairs at each table, that the second floor will be used for storage and that a separate driveway will be used for the residence at the rear. Mr. Bernard reviewed the lighting plan and told the applicants that the plan was not acceptable and must be resubmitted. The Planning Coordinator will provide a copy of the lighting requirements to the applicant.
The Chairman noted that Conservation Board approval had been granted for the project on 6/6/06. He established with Mrs. Bruni that the neighbors are aware of the proposed restaurant and that during the Zoning Board of Appeals meeting several attended voicing concerns regarding traffic safety.
Mr. Murray made a MOTION, seconded by Mr. Fabinsky to TABLE this case pending receipt of a revised lighting plan.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
5. P.B. File #25-06, Kam/Young, 3675 Abbott Road, Zoned B-2. Requesting a Change In Use to operate a Hair Salon in an existing dwelling. Zoning Board of Appeals granted an area variance on 3/21/06. Town Board referred to Planning Board on 4/19/06.
APPEARANCE: Frank Brzezinski,
David Young, owner
Mr. Brzezinski presented plans for the proposed hair salon noting that it will have 21 parking spaces, three lights with cut-off fixtures and operate as a typical beauty/hair salon. He further noted that the Conservation Board granted approval of the presented landscaping plan and that a small addition will be constructed to the existing structure.
Mrs. Biryla asked if this will be a spa and if tanning will be offered. It was established that this will not be a spa and that there will be no tanning service offered. There will be no dual usage; the request is solely to operate a business.
Mr. Murray established that the residence will conform to all ADA requirements.
Mr. Bernard verified the location of the project and affirmed that the site is correctly zoned for this use. He noted that the lighting plan indicates 250-watt bulbs will be used and told the applicant that the wattage must be reduced to the acceptable limit of 150-watts. He discussed the small addition that is being proposed and questioned if an encroachment will occur with regards to the setback allowance. It was learned that the applicants were granted a variance on March 21, 2006 by the Zoning Board of Appeals.
Mrs. Biryla established that the salon will have five employees and that the proposed 21 parking spaces are adequate.
Junior Engineer Thomas Ostrander told the Board that Engineering approval had been granted today, June 14, 2006.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to recommend that the Town Board APPROVE the requested Change in Use at 3675 Abbott Road from residential to
business in order to operate a Beauty Salon based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Long EAF 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, and shall not exceeding 150 watts per bulb.
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. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, prior to the receipt of a Building Permit.
6. An area variance was granted by the Zoning Board of Appeals on 3/21/06.
7. Town Engineering Approval has been granted on 6/14/06.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
6. P.B. File #33-06, Helping Hands Chiropractic, 4180 Abbott Road, Zoned B-2. Requesting a Building Permit and Site Plan
Approval to construct a 3,000+/- sq. ft. Chiropractic Office Building with site improvements. Town Board referred to Planning Board on 5/17/06.
APPEARANCE: Bob Gill, Architect
Dr. Clark, applicant
Mr. Gill presented and explained the proposed project to the Board. The existing residence and garage will be demolished and a 3,000 sq. ft. chiropractic office will be constructed approximately 40-feet away from the road. A new parking lot will be put in and many mature trees at the front of the building will be left untouched. This project has been granted Conservation Board approval and Engineering approval.
Mrs. Biryla reviewed the proposed plan and noted that it looks nice. Mr. Gill explained that the building will be a brick and frame building. The front of the building (bricked) will face Abbott Road, opposite Ralph Wilson Stadium. The brick will be a deep red and white trim will be used. Mr. Clark will have two employees. The Board found the submitted elevation plan to be satisfactory; both Mrs. Biryla and Mr. Clark signed and dated this plan to insure that it is the plan followed through on.
Mr. Murray established that this will be solely a single chiropractic office with Dr. Clark and his partner occupying the space.
Mr. Bernard established that there will be no dumpster. He discussed the
lighting plan and told the applicant to add house shields to the two lights on
the north side of the property. He also requests that the applicant submit a
photometric plan for the Planning Office file.
Mrs. Biryla made a MOTION, seconded by Chairman McNamara to recommend that the Town Board authorize a Building Permit for a 3,000+/- sq. ft. Chiropractic Office Building with site improvements and APPROVE the site plan received 6/09/06 based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short 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 and the two lights on the north side of the property shall have house shields.
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. Town Engineering Approval was granted on 6/14/06.
6. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 66% green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
7. P.B. File #07-06, Greater Buffalo Savings Bank, 6520 Webster Road, Zoned B-3. Requesting a Building Permit and Site Plan Approval for a 2,942 sq. ft. retail bank. Town Board referred to Planning Board on 2/15/06.
APPEARANCE: Mr. Andy Gow, Nussbaumer & Clarke
Mr. Matthew Meyer, Architect
Mr. Ken Kirsch, Buffalo Savings Bank
Mr. Gow presented and explained the project to the Board, noting that they have Conservation Board and Engineering Department approvals. He told the Board that the existing home will be demolished and that easements were arranged with the adjoining neighbors for a swale to be put in to aid with the drainage. In addition, the large maple tree will remain and several trees will be cleared to allow room for the bank building, drive thru and 26 parking spaces.
Mrs. Biryla voiced her concerns regarding the proposed plan and questioned if a bank could fit on the site. Mr. Gow explained that the lot is .8 acres and that the frontage is 189
P.B. Mtg. #7 Regular Mtg. #6 June 14, 2006 Page 10
feet. Junior Engineer Thomas Ostrander explained that the home is located on a small portion in the front of the lot. The lot is large, just under an acre and is mostly wooded. Mrs. Biryla reviewed the rendering noting that she did not like the proposed building. Mr. Gow told the Board that the building is typical of the Greater Buffalo Savings Banks throughout Western New York.
Mr. Bernard stated that he feels the look of the proposed building is out of place for the area.
The Chairman noted that he is not impressed with the proposed architecture.
Mrs. Biryla discussed her feelings further noting that she does not object to a bank being here; it is properly zoned for that use, however, she does not like the looks of the building. “It is not Orchard Park”. Mr. Gow explained that the proposal is based on what has become the signature identity of the building.
The Chairman referenced several bank buildings located in downtown Buffalo that have branches in Orchard Park and he noted that they do not have the same look represented. He further stated that the proposed building will “stick out like a sore thumb”.
Mrs. Biryla commented that the bank building approved at the Tops Plaza is representative of the caliber that we are looking for in this area.
Mr. Fabinsky stated that he is not comfortable with the proposed design; it is very institutional looking and not consistent with the character of the area. He hardly thinks the bank would want their identity so institutional looking. He requests that the applicant return with an artist rendering with an embellished approach; he is sure that Mrs. Biryla and other Board members would be able to offer suggestions.
Mr. Fabinsky made a MOTION, seconded by Chairman McNamara to TABLE this case pending receipt of a revised plan.
ON THE QUESTION:
Mrs. Biryla asks that the rendering be in color and further stated that this is a fairly residential neighborhood. The
proposed building is very commercial looking and she has seen box stores that look better than this; she is not happy with the presented proposal.
Mr. Bernard noted he reviewed the lighting plan and commented that spillage over to the residential area is not allowable. He suggests that house shields be used and that the applicant visit the commerce center located on Milestrip Road to observe the lighting used.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
8. P.B. File #29-06, Value Centric, 23 Cobham Drive, Zoned I-1. Requesting a Building Permit and Site Plan Approval for a two phase construction project. At this time the applicant is seeking approval of Phase I only, which proposes to construct a two-story 25,000 sq. ft. building. Town Board referred to Planning Board on 4/19/06.
Appearance: Mr. Patrick Sheedy, Krog Corporation
Mr. Joe Deck, Realty USA
Mr. Dave Janca, Value Centric, Founder & CEO
Mr. Sheedy presented and explained plans to construct a two-story office building on the corner of Route 20A and Cobham Drive, across from the Fox Run Development. He told the Board that the project will be completed in two-phases; at this time, they are requesting a building permit and site plan approval for phase one. He noted that Value Centric is a manufacturer of pharmaceutical software with an existing office in the industrial centre. However, they have outgrown their current building and desire to construct a new one. The existing office will be relocated to the new facility. Mr. Sheedy also noted that the Planning Coordinator advised him of an oversight with regards to the zoning classification of a portion of the property where an existing home is located. The 75 ft. x 233 ft. lot is zoned R-3 and will need to be rezoned to I-1 for the project to move forward. He noted that the proposed project is not encumbered by the home.
The Board members discussed the proposed architecture with Mr. Sheedy at length. Mrs. Biryla noted that she feels if the building were located within the industrial park, the building would be acceptable; however, the building will be located on Route 20A, which is an entranceway into the Town of Orchard Park. She would like the applicant to revise the building to have the ascetics of an Orchard Park building. She suggests eliminating the building’s “flat” appearance. The Board discussed several ways to improve the appearance of the proposed building. Mrs. Biryla noted that she would like the window areas softened. She also requests that the brick color be red.
The members discussed the portion of the property that is zoned R-3. After conferring with Attorney Michael Wolf, they concluded that the Planning Board could recommend that the Town Board rezone this property to I-1. They discussed scheduling a special Planning Board meeting on July 5th to help aid the applicant with construction time constraints. At that meeting the Board will review a revised plan based on their input regarding the appearance of the building. This will also allow the Town Board to hold the public hearing for the rezoning of the R-3 portion of the site.
Mr. Bernard discussed the lighting plan, noting that information regarding the lighting levels is not included on the plan. He believes the levels may be too high and requests the applicant submit a plan with the calculations needed to determine what the levels are. He also noted that the plan does not clearly show the required 8 foot dumpster enclosure and he would like this shown on the revised plan.
Mr. Murray questions if the project would be on schedule if the Board followed normal procedures, in view of the fact that the plan needed several items to be “tweaked”. Mr. Sheedy told Mr. Murray that the requested revisions could be accomplished in a few days. This was discussed and Mrs. Biryla stated that when the revised plan is available she and Board Member Nan Ackerman could review it in the Planning Office and advise the applicants if it is acceptable. Mr. Sheedy encouraged the Board to visit Mr. Janca’s building located at 11 Cobham Drive; it is one of the nicer buildings in the complex.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard, to RECOMMEND that the Town Board REZONE the 75 ft. x 233 ft. SBL#161.18-2-4, 5684 Big Tree Road) portion of the 23 Cobham Drive property, currently zoned R-3 to I-1 to construct
a 25,000+/- building based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF, and a Negative Declaration is recommended.
2. Acreage fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans received on 6/12/06 and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
Mr. Fabinsky further MOVES, that with regards to the site plan the Planning Board authorizes its Chairman to APPROVE the site plan based on the following stipulations and the input of the Board members who will be addressing architectural, lighting and dumpster issues and the stipulations that will apply are as follows:
1. This is an Unlisted SEQR action based on the submitted Full EAF, and a Negative Declaration is recommended.
2. The site lighting is limited to those fixtures and poles indicated as approved by our lighting specialist and the Chairman. Light fixtures shall have flat lens.
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. Town Engineering Approval was granted on 6/14/06.
6. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 10% green space, prior to the receipt of a Building Permit.
7. A letter of determination from the NYS Parks, Recreation and Historic Preservation must be received indicating that there is “no impact”.
8. The applicant must request that a portion of the property (75 ft. x 233 ft. lot) that is located in the R-3 Zone be rezoned to I-1. He must make an application to the Town Board and to the Assessor’s Office to merge both parcels.
9. The Chairman shall schedule a special meeting prior to the Planning Board work session at 6:30 p.m. on July 5,
2006 to review the requested revisions. They will advise the Town Board (who will be meeting at 7:00 p.m. in the matter of the rezoning) of their determination regarding the building permit request and site plan approval.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
9. P.B. File #05-06, Sachel Development, south east corner of Milestrip Road and Abbott Road, Zoned B-2. Requesting a Building Permit and Site Plan Approval to construct a 10,275 sq. ft. retail building. Zoning Board of Appeals granted a variance for front yard parking on 4/18/06. Town Board referred to Planning Board on 2/15/06.
APPEARANCE: Mr. Robert Garner, Sachel Development
Mr. Garner presented and explained the proposed project to the Board. He told the members that the project is for a single tenant (owner occupied) jewelry and high end retail store. He noted that Conservation Board approval was granted and that a variance was obtained for the proposed three (3) front yard parking spaces. Two curb cuts exits; one onto Abbott Road and the other exists on Milestrip Road but it was never connected to the site.
Mr. Bernard discussed the curb cut on Milestrip Road and questioned if a traffic study had been performed. Junior Engineer Thomas Ostrander noted that this is a New York State D.O.T. approved curb cut. Although, the D.O.T. approves of the curb-cut, Mr. Bernard noted that he does not favor this curb cut; he drives by this site on a regular basis and is witness to the traffic back ups occurring even during the off-season football period. He requests that Mr. Garner provide a copy of the D.O.T. letter stating that they have no objections to the project using the existing curb-cut located on Milestrip to the Planning Office for their file.
Mrs. Biryla asked for clarification of the proposed building, its appearance and location. Mr. Garner indicated on the site plan where the building will be located and he explained to the Board that the building will consist of traditional red brick, black accent brick and a metal roof painted to simulate an aged patina/copper. He further described the architectural look of the building, noting that three bay windows will face Milestrip Road. These will be used as display windows. Mrs. Biryla noted that if an artist’s color rendering were submitted it would be easier to comprehend the detail involved in the architecture. Mrs. Biryla and Mr. Fabinsky both stated that this could be attractive. Mrs. Biryla asked the Planning Coordinator to require applicants to submit an artist’s color rendering for all future projects. Mrs. Biryla and Mr. Garner signed and dated the submitted plan to insure that this is the plan that will be followed through on.
Mr. Bernard noted that the proposed building appears to be acceptable.
Mr. Majchrzak asked for clarification on the location of the “no left turn” sign restriction. Mr. Garner told the Board that this sign will be used at the driveway that empties onto Milestrip Road. He also established that the exit onto Abbott is approximately 120-feet from the existing signal to the leading edge of the curb-cut and that traffic may leave the Abbott Road side of the property in either direction.
Mr. Murray stated that he believes a traffic study is warranted given the fact that right-on-red and right hand turns coming off Abbott onto Milestrip will occur across a tight location.
Mr. Bernard stated that he echoes Mr. Murray’s comments regarding the need for a traffic study. In addition, he feels people will not obey the restriction of “no left turn” onto Milestrip Road. He discussed the lighting plan with Mr. Garner,
noting that the information submitted is not complete. Mr. Garner provided Mr. Bernard with a photo metrics sheet. It was further established that the height of the light poles will need to be reduced to below 25-feet and that fixture cuts must be supplied. He told Mr. Garner to submit a catalog number and supplier to the Planning Office. Mr. Garner told the Board that there will be no wall packs. Mr. Bernard also pointed out that the dumpster enclosure must be revised to meet the Town requirement of eight-feet.
Mr. McNamara questions what information the traffic study will provide. He does not want the applicant to perform a traffic
study and then not know what to do with the data. What are we looking for? Mr. Bernard noted that he does not believe the project will generate a lot of traffic; however, the traffic study will project how much volume is coming in and out of the plaza. It will look at the site distance and make comments on how far traffic backs up and how much time it takes to get out of the drive way; this is what a traffic study typically does.
Mr. Ostrander noted that there is another entrance so whatever the trip generation is for the site it will become useful. Mr. Garner affirmed there are three drives shared by both buildings, with cross easements. He further told the Board that it has taken six months to reach the stage he is at with the Planning Board review. He finds that the items the Board members are bringing up would have been easier to address three or four months ago.
Mr. Bernard noted that he could modify his thought process; the traffic study will justify if a third curb-cut is needed. He understands that the curb-cut is there; but, there was never any road that went into this parcel. A lot of curb-cuts go in and never connect to anything. He wants the traffic study to prove that the third curb-cut is warranted.
The Chairman verified that Mr. Garner wants the third curb-cut onto Milestrip. He explained to the Board that he believes the site will function more efficiently with three curb-cuts and having only two accesses to the site will create more congestion. He believes a third curb-cut will reduce some of the pressure.
The members discussed the question of having a third curb-cut at length. It was noted that if the curb-cut is eliminated the number of parking spaces could be increased. Mr. Garner agreed to discuss eliminating the curb-cut on Milestrip Road
with his client and return before the Board with a modified plan at the July 5, 2006 special meeting.
Mr. Bernard made a MOTION, seconded by Mrs. Biryla to TABLE this case pending receipt of a revised plan.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
10. P.B. File #15-06, Polymer Conversions, 5758 Big Tree Road, Zoned R-3. Requesting rezoning from R-3 to I-1 to expand existing business and parking. Requesting a Building Permit for a 21,588 sq. ft. building with parking spaces and Site Plan Approval. Town Board referred to Planning Board on 3/1/06.
APPEARANCE: Greg Schneider, Aurora Architectural Design
Mr. Schneider presented and explained plans to construct an addition to the existing warehouse/manufacturing building and expand the parking area. He told the members that the landscaping plan is approved by the Conservation Board.
Mrs. Biryla established that the addition is approximately 400’ away from Route 20A and that it will not easily be seen.
The members discussed the request to rezone the property and established that the request was not needed at this time. The Planning Coordinator stated that if it is found that rezoning is needed, the applicant will return for review.
It was established that the dumpster enclosure is located in the loading dock.
The Chairman made a MOTION, seconded by Mr. Fabinsky to recommend that the Town Board AUTHORIZE a Building Permit to construct a 21,588 +/- sq. ft. addition to the west side of the existing building and APPROVE the site plan received 6/1/06 based on the following conditions and stipulations:
1. This is an unlisted SEQR action based on the submitted Long EAF, Parts 1 and 2 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.
3. No outside storage or display is permitted.
4. Town Engineering Approval was granted on 6/14/06.
5. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan prior to the receipt of a Building permit.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
11. P.B. File #35-06, Jeremy Lindstrom, 3776 North Buffalo Road, Zoned B-3. Requesting a Change In Use to convert an existing garage to be used as a facility to perform Chiropractic Services. Town Board referred to the Planning Board on May 17, 2006.
APPEARANCE: Dr. Jeremy Lindstrom, owner
The Chairman noted that Dr. Lindstrom was granted a change in use to operate a chiropractic office at the residence located here in January of this year. He is now seeking additional space to treat patients and would like to convert an existing garage on the property to accommodate his chiropractic services.
Mrs. Biryla established that the beauty salon that Dr. Lindstrom had spoken of during the Board’s review in January is now operating in the front of the former residence.
Mr. Bernard discussed the number of parking spaces that are necessary and it was established that the code requires 7 parking spaces. Dr. Lindstrom told the Board that he has 9
parking spaces and that if additional parking is needed, there is room to expand to accommodate the spaces.
Mr. Murray briefly discussed the original intent of the applicant to confirm what business would be carried on at the site.
Mr. Fabinsky made a MOTION, seconded by Chairman McNamara to recommend that the Town Board APPROVE the requested Change in Use at 3776 North Buffalo Road to convert an existing garage to be used as a facility to perform Chiropractic Services based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
12. P.B. File #24-06, Quaker Crossing, LLC, southwest corner of retail center, Zoned B-1. Requesting a Building Permit and Site Plan Approval for a proposed 22,000 sq. ft. “Border’s Book Store”, a proposed 5,000 sq. ft. building for unknown tenants and a 6,372 sq. ft. building for a “Red Robin” restaurant. Town Board referred to Planning Board on 4/19/06.
APPEARANCE: Mr. Robert Walsh, Attorney
Mr. Gerald Buchheit, Owner/Developer
Mr. Bill Tuyn, Greenman – Pedersen, Inc,
Mr. Patrick Mahoney, Lauer-Manguso Architects
Mr. Tuyn noted that the project has been reviewed by the Engineering Department and that the remaining issue is the re-location of a sewer line approximately 20-feet to the north of the proposed Borders store. This is not a new sewer line requiring a new approval from the county. It is a relocation of the existing line to shift it farther away from the Borders building. Presently, the project is in the hands of Erie County; Matt Sallia and John Finster have verbally approved the plan. It was noted that Mr. Finster only works on Tuesdays and Thursdays. Planning
Coordinator Orffeo noted that he had spoken to Mr. Finster. Mr. Finster indicated that he feels the modifications are minor details; once he receives a letter from Erie County Sewer he does not see any reason to disallow the project. The Town of Orchard Park Engineering Department cannot give their approval until Erie County receives the sewer letter and approves that.
Mr. Ostrander told the members that the Engineering Department has no problem with the project. There are a few minor comments that need to be addressed by the applicant and he feels confident that within the week, the engineering will
be resolved. He and the applicants were told that the paper work from the County will be signed tomorrow.
The Chairman confirmed that there is a time constraint with this project. Mr. Buchheit told the Board that he must have the
building constructed and available as of January 2007.
Mrs. Biryla established that Mr. Buchheit is before the Board for approval of Borders, Cold Creek Creamery and Red Robin restaurant. She discussed adjusting the appearance of the Borders Book store by having more defined cornices; however, Mr. Walsh noted that the building was approved in 1994 during the original Quaker Crossing application. At that time, Councilwoman Ackerman worked diligently to achieve an acceptable building with carefully chosen details. Mr. Mahoney explained the building details to the Board.
Mr. Fabinsky established that the property maintenance will be the same as what is carried on at the existing plaza.
Mrs. Biryla verified with Building Inspector Geist that the parking spaces at the plaza will remain in compliance with the code.
Mr. Bernard discussed the parking requirements with Building Inspector Geist further. He confirmed that the number of parking spaces for the three buildings being proposed complies with the code. Mr. Ostrander noted that the applicant exceeded the parking requirements by having a surplus of 35 parking spaces; of which were 2 additional handicapped parking spaces than what are needed; 8 total handicapped parking spaces are being proposed. There is approximately 50,000 sq. ft. to support the parking and the building is not that large.
Mr. Bernard discussed the lighting plan and it was learned that there will be 4 wall packs on the Borders Store. The building will have three finished sides. The applicant did not want the delivery trucks visible from Milestrip so a 14-foot high masonry wall blocks the view of the loading dock area. Mr. Bernard asks that the applicant supply the fixture cut-off information for the wall packs. He also discussed the dumpster enclosure, noting that he would like it to match the 14-foot high wall. Mr. Buchheit told the Board that he will agree to have the dumpster enclosure match the wall.
Mr. Murray discussed a Planning Board work session where Mr. Doug Mateer, a specialist in ADA matters spoke to the Board. Mr. Mateer is also a member of the Trails Committee. He was referred to the Planning Board by Conservation Board member Mrs. Anne Bergantz, who is also the Chairwoman of the Trails Committee. Mr. Murray explained that ADA compliance (per 28 CFR Part 36, Section 36.401 New Construction, addressing pedestrian accessibility) discusses having one accessible route that shall connect accessible buildings, facilities, elements and spaces that are on the same site. He asked Mr. Buchheit if he believes he is in compliance. Mr. Buchheit believes that he is in compliance within the limits of this project. However, he stated that he is bound to comply with the Orchard Park parking requirements. He noted that the theatres are quite a distance from this part of the plaza.
Mr. Murray noted that the ADA compliance section talks about having a continuous pedestrian network, connecting pedestrian origins, destinations, sidewalks, and walkways minimizing the number of conflict points between pedestrians and motor vehicles and having adjacent development connect space and walkways to ensure effective walking routes. Special consideration shall be shown, for example, to children and seniors. He is raising this question because Mrs. Bergantz made a point of having a consultant speak to them and he feels that what was discussed by Mr. Mateer should be brought forth on sites exactly like this.
Mr. Murray asks that Mr. Buchheit give the Board some sense that he is compliant. Mr. Buchheit noted that he feels this is new construction and everything else should be grandfathered. They have sidewalks that meet ADA requirements and crosswalks located between the buildings; he believes the existing plaza is grandfathered.
Mr. Murray, referencing the Top’s Plaza site as an example, notes that a parking analysis should also be done for the
Quaker Crossing site. He would like the development of the parking clearly documented. The information should include the number of employee parking spaces needed. He further noted that if the Town Engineering Department or Building Inspector says that the parking analysis is clear enough to be written down, then he would like this information provided.
Junior Engineer Mr. Ostrander noted that the parking spaces are documented in the submitted parking plan. Also, Greenman–Pedersen, Inc. provided a correspondence noting that the project is in compliance with the Town parking requirement.
Mr. Murray questions if when the next project comes along, will we know if the parking is adequate?
Mrs. Biryla made a MOTION, seconded by Mr. Bernard to recommend that the Town Board authorize a Building Permit for a 22,000+/- sq. ft. building for a “Borders Book Store”; a proposed 1,700 sq. ft. Cold Stone Creamery, with the remaining 3,300 +/-sq. ft. for unnamed tenants and a 6,372 +/- sq. ft. building for a “Red Robin” restaurant and APPROVE the site plan received 6/14/06 based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short 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. Fixtures cuts are to be provided to the Planning Office and verified.
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. The south side dumpster (on Milestrip Road) shall have masonry that matches the building.
5. Planning Board approval is granted, contingent upon approval from the Engineering Department.
6. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 37.29% green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY NAY
THE VOTE BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
OTHER BUSINESS:
1. Concept review of P.B. File #23-06, proposed CVS Pharmacy, 3900 Union Road and 6531, 6539, 6545 Michael Road, Zoned R-2 and B-2. Zaremba Group seeks a Building Permit to construct an 11,945 sq. ft. building upon a portion of the former Burger King site and amend the zoning classification of parcels exclusively with frontage on Michael Road from R-2 to B-2. Town Board referred to the Planning Board on 4/19/06.
APPEARANCE: Mr. Peter Sorgi, Attorney
Mr. Matt Casey, Zaremba Group
Mr. Sorgi told the Board that he has appeared before the Conservation Board twice for direction with the proposed project. In addition, he has met with the neighbors from both the Town of West Seneca and the Town of Orchard Park. He noted that a portion of the site must be rezoned. The project requires purchasing the first two homes; however they are under contract to purchase a third home to be able to leave a 30-foot buffer between the project site and the nearest resident (Mr. & Mrs. Jensen). The Jensen property will be improved as their property line is located next to their driveway. The Jensen’s discussed having a white fence with trees planted on both sides in the buffer area. This will enhance the front area of their home. Mr. Sorgi also noted that a code compliant wall will be used to diminish vehicle head lights.
Mr. Bernard requests an artist’s color rendering of the proposed approximately 20-foot high building. It was also established that the hours of operation will be 8 A.M. to 10 P.M. A 24-hour operation is not being pursued at this time.
He discussed lighting with the applicants and noted that the building light must be limited.
The applicants told the Board that they have toured Orchard Park and viewed the architecture and will submit a rendering for the proposed CVS based on what they have seen. They also told the Board that CVS will own the property.
Building Inspector Geist noted that a variance may be needed for front yard parking.
The Planning Coordinator noted that the Conservation Department discussed having a retention pond at the site.
The Chairman noted that this project will be better than what previously existed.
There being no further business, the Chairman adjourned the meeting at 10:50 P.M.
DATED: July 27, 2006 Respectfully Submitted,
REVIEWED: August 2, 2006 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman