Minutes of the March 8, 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 Eugene Majchrzak, Alternate
EXCUSED: John Bernard
Philip Murray
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 February 8, 2006 and February 14, 2006 Planning Board meetings were unanimously waived as each Board Member had previously received copies.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to accept the minutes of the February 8, 2006 and February 14, 2006 meetings.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA 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.
APPEARANCE: Mr. Rob Pidanick, Greenman Pedersen
Mr. Richard Sullivan, Attorney Harris Beach PLLC
Mr. Elliott Lasky, Developer
Mr. Jim Barron, Barron Associates
Mr. Pidanick stated that Barron Associates performed soil testing on soil that had been transported to the Pleasant Acres West site from the Barrington Heights subdivision. He presented a report regarding this testing to the members for their review and told the Board that a revised site plan had been submitted today to the Town Engineering Department. Junior Engineer Thomas Ostrander confirmed the delivery this afternoon.
Mr. Barron told the Board that approximately 60,000 cubic yards of soil had been brought to the site and was left in two stockpiles (mounds). He explained the soil testing procedures that were followed, noting that the study indicates that one semi-volatile compound was found in the soil located in the eastern stockpile area, known as benzo (a) pyrene. This compound measured slightly above the standard level and is the result of the remains of some type of a burning operation (i.e., forest fires, open burning of brush, emissions from internal combustion engines). Mr. Barron told the Board that the report states that the soil deposited here was observed to contain burnt landscape debris. The observation of this material supports a source for the detection of the reported semi-volatile organic compound.
Mr. Lasky told the Board that in addition to the Barrington Heights transported soil, soil had been deposited at Pleasant Acres West from a Wegman’s construction site and a third “un-named” site. The soil was deposited with burnt landscaping debris without his knowledge or authorization. Upon learning this, Mr. Lasky had the soil with burnt landscaping debris removed from Orchard Park. He told the members that the Barrington soil is easily identified because of its “fingerprint”, which is a shale/soil mixture. The Barrington Heights soil originates from a pond area located quite a distance from the recently reported area containing suspect materials in the Barrington Heights subdivision. He assures the Board that the soil transported to Pleasant Acres West is clean and consists of natural pond material. The purpose of the soil brought to
Pleasant Acres was to raise the grade of the site approximately four feet.
Junior Engineer Thomas Ostrander confirmed that during the construction of the infrastructure at the Barrington subdivision there was no encounter with any suspect materials. He concurred with Mr. Lasky regarding the material that was transferred from the Barrington subdivision to Pleasant Acres as being from a pond area and clean.
The members inquired about the testing procedure that was followed. It was established that an excavator was used to procure the soil samples from the mounds located on the Pleasant Acres West site. A small sample was then transported under chain-of-custody to “Waste Stream Technology, Inc.” in Buffalo, New York for analysis.
Mr. Fabinsky discussed the size and number of samples taken for testing and asked if the applicants were confident with their results. Mr. Barron told the Board that he was confident with the testing that was performed. Mr. Lasky noted that additional testing is planned after the suspect soil material with burnt landscaping debris is removed. If the Board chooses to have testing performed in a specific area, he will provide the equipment to do so.
Mr. Majchrzak stated that he is comfortable with the reported procedures followed by the applicant.
The members further discussed the method used to obtain soil samples. Mr. Fabinsky told Mr. Lasky that he would like a sample taken from the center of the mound. The Chairman concluded that a consultant hired by the Town of Orchard Park is needed to review the work performed to date along with the test results that have been provided. The consultant’s fees must be paid by the applicant. Mr. Lasky told the Board that he will fully cooperate with the Board and that he will pay the fees for a consultant chosen by the Board.
Mr. McNamara stated that he believes that it is necessary for the Town to have a consultant review the applicant’s testing protocol due to the concern over the discovery of debris in the soil at several Barrington Heights lots. He also established that the applicant would pay the cost of the Town’s consultant. Mr. Lasky agreed to pay for this additional review.
Attorney Michael Wolf reconfirmed with Mr. Lasky that he would voluntarily pay for the consultant’s fees.
Mr. Fabinsky made a MOTION, seconded by Mr. McGuire, that based on newly discovered information and a change of circumstances, to TABLE the review of this case in anticipation of a final report from the applicant’s consultant for the project with regards to site soils testing and with the agreement of the petitioner to employee a consultant to the Town to analyze these test results accordingly.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
THE MOTION IS UNANIMOUSLY PASSED.
2. P.B. File #11-06, Steele One-Lot Subdivision, 24.79 acres of vacant land, west side of Scherff Road, south of Gartman Road, north of Ward Road, Zoned A-1. Requesting Pre-Application Findings Review of a one-lot subdivision.
APPEARANCE: Mr. Richard Steele, applicant
Mr. Steele presented and explained his proposal to the members. He told the Board that he is under contract to purchase the property located at 6804 Scherff Road, contingent upon receiving Planning Board approval for a one-lot subdivision. He also told the Board that the property has an existing home upon it. The one-lot subdivision will consist of 22.29 acres. Mr. Steele plans to construct a home for his family and sell the existing home remaining on the 2.5 acres. He also stated that he planned no future subdivision of the property.
The members’ questions established that the existing driveway would remain and that there would no easement agreement needed as Mr. Steele will put in a separate driveway to access his proposed home. In addition, he will relocate a metal building that exists here. He told the Board that he plans to use this building to house a horse and that no further subdividing will occur at the site.
Mr. Ostrander noted that the Engineering Department has not received a formal submission from the applicant. Mr. Ostrander confirmed with Mr. Steele that the septic system will be required for the proposed building lot. He told Mr. Steele to
have a P.E. design this and to obtain Health Department approval for the site, all of which will be required prior to receiving Engineering approval.
Mr. Majchrzak made a MOTION, seconded by Mr. Fabinsky, that the following Preapplication Findings be made based on the submitted sketch plan received 3/08/06 and the applicant has detailed:
· The total acreage is 22.29 acres.
· The desired zoning classification is A-1.
· The number of possible stages of completion is 1.
· The applicant's position with respect to title is contract lessee.
1. The zoning will remain as is.
2. Access to surrounding properties is through Scherff Road.
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, Parts 1 and 2 for this Unlisted SEQR action.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
THE MOTION IS UNANIMOUSLY PASSED.
P.B. Mtg. #4 Regular Mtg. #3 March 8, 2006 Page 6
Mr. Majchrzak made a MOTION, seconded by Mr. Fabinsky, to AUTHORIZE the Chairman set a Public Hearing when appropriate.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
THE MOTION IS UNANIMOUSLY PASSED.
3. P.B. File #04-06, Uniland Development Company, 3345 Southwestern Boulevard, Zoned B-2, requesting revised site plan approval for additional parking spaces. Town Board referred to the Planning Board 2/15/06.
APPEARANCE: Deborah Hurley, Uniland Development Co.
Ms. Hurley presented and explained plans for a proposed parking lot expansion to accommodate the present tenant, Buffalo Medical Group. There are currently 87 parking spaces at the site. Uniland is proposing to add 29 parking spaces, which would create a total of 116 parking spaces located here.
It was established that Engineering approval was granted on 3/7/06 and that as per lighting plan C-3, two additional post fixtures will be added; these shall be consistent with the existing light fixtures, and are acceptable to the Board. The Planning Coordinator noted that the Conservation Board has no input regarding the project.
Mr. McGuire made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board approve the revised site plan received 1/5/06 with the following stipulations:
1. A negative declaration was issued by the Town Board for the original site plan on 9/18/02.
2. Dumpsters on the site shall be screened in accordance with Section 144-25 of the Town Code.
3. No outside storage or display is permitted.
4. As per lighting plan C-3, two additional post fixtures will be added and they shall be consistent with the existing light fixtures, and are acceptable to the Board.
5. Engineering approval was granted on 3/7/06.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
THE MOTION IS UNANIMOUSLY PASSED.
4. P.B. File #24-05, proposed Baker Highlands Subdivison, Vacant land, east side of Baker Road, north of Milestrip Road, Zoned R-2. Proposed plat plan review and set a public hearing.
APPEARANCE: Mr. Victor Martucci, Marrano/Marc Equity
Mr. Peter Johnston, Wm. Schutt & Associates
Mr. Martucci requests that the Board set a date for a public hearing for SEQR and preliminary plat plan approval.
Mr. Fabinsky discussed several remaining issues regarding this project with the applicant. These issues include the Board’s request that the applicant meet with the most affected neighbor; to provide an access within the subdivision to the trails and to provide an entranceway area to the trails from Baker Road. Mr. Martucci stated that they have met with the affected neighbor and that based on her input, a revised landscape plan will be presented to the Conservation Board. Mr. Martucci also stated that with regards to the trails, he agrees to have access from within the subdivision and Baker Road to the land dedicated to the Town. He stated that he will work with the Engineering Department with regards to the materials to be used to construct the trails and parking area at the entranceway area from Baker Road.
The Chairman read a March 3, 2006 correspondence from Mr. & Mrs. Syposs of 15 Chisholm Trail that listed concerns they had regarding the proposed subdivision. Two concerns discussed by the Board at length were drainage and dust. In regards to the drainage concern, Junior Engineer Thomas Ostrander explained that there will be a private drainage easement, at the rear of the proposed lots in Baker Highlands between the proposed subdivision and Chisholm Trail. Within this easement, the drainage system will be built to Town standards. Mr. Ostrander concluded that standard construction procedures will be followed during construction.
Mr. Johnston noted that, typically, water is sprayed to remedy the dust.
Mr. Bodden established that the 21-lot subdivision will be constructed in one phase and that the distance between the homes located in what would be “backyards” at the border of Chisholm Trail and Baker Highlands would be approximately 120 to 160 feet. He discussed the drainage concern further and asked if the existing residences will be protected from runoff during construction. Mr. Johnston explained that they would be, as it is part of standard procedures to clear an area for a basin before construction takes place.
Mr. Fabinsky discussed the hours of operation. Junior Engineer Thomas Ostrander noted that the Town noise ordinance dictates that work hours can only take place from 7 a.m. to 6 p.m., Monday through Saturday, with no Sundays. Mr. Fabinsky noted that he feels 7:00 a.m. is a little early.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, that the revised Pre-Application findings dated 10/6/04 were accepted by the Board on 10/13/04 and the Board accepted 44.7 acres for recreation land in lieu of fees as presented on the plan dated 10/15/04; based on this, he AUTHORIZES the Chairman to set a PUBLIC HEARING for PRELIMINARY PLAT PLAN APPROVAL, when appropriate.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCGUIRE AYE
MCNAMARA AYE
THE MOTION IS UNANIMOUSLY PASSED.
The Chairman noted the public hearing will be held at the Planning Board meeting scheduled for April 12, 2006 at 7:00 p.m.
OTHER BUSINESS:
1. P.B. File #09-06, proposed 13-lot subdivision The Hills, accessed off a portion of Arrowood Lane within Part 6 of Chestnut Ridge Village, Zoned R-2. Board to review concept plan.
APPEARANCE: Mrs. Pat Bittar, William Schutt & Associates
Mr. David Chirolanza, Essex Homes
Mrs. Bittar presented plans for a 13-lot subdivision. The total acreage is 12.7 acres. She told the Board that there are no Federal or State wetlands located here, there is public water available and the Conservation Board recommends recreation fees be paid, in lieu of land being dedicated to the Town.
Mr. Fabinsky asked if the request will place any burdens on existing infrastructure or have a negative impact cumulatively with other projects yet to be built. Mrs. Bittar does not believe there will be a negative impact based on the number of lots being proposed. In addition, reports from sewer and water District 3 do not indicate that the proposal will be a burden. Mr. Fabinsky also suggests that Mrs. Bittar confer with the town highway superintendent regarding the cul-de-sac plan.
Mr. Bodden discussed having a trail put in that accesses into the road with some type of material (such as wood chips) suggested by the Town.
2. P.B. File #10-06, Western New York Eye Care, 301 Sterling Drive, Zoned I-1. Concept review of second floor addition, totaling 12,000 sq. ft. and revised site plan.
APPEARANCE: Mr. Phil Silvestri, Silvestri Architects
Mr. & Mrs. Leonard Gurevich, M.D.
Mr. Silvestri presented and explained plans for a proposed second floor addition to accommodate additional office space. Twenty-seven parking spaces will be added to the site and one light fixture will be added to an existing pole. There will be a glass enclosed elevator. Mr. Fabinsky noted that the proposed ascetics look good. It was further noted that the Conservation Board has granted approval of the submitted landscape plan.
Junior Engineer Thomas Ostrander noted that the applicant should submit a photometric plan for the Planning Board to review and approve. The Board agreed.
3. P.B. File #06-06, Scheid Architectural, 3050 Orchard Park Road, Zoned B-2. Former Towne Lincoln Mercury site, requesting a Change in Use from Automotive dealership and service facility to medical office space.
APPEARANCE: Dr. Carlos Santos
Mr. James Churchill Scheid Architectural
Mr. Churchill presented plans to convert the former Towne Lincoln Mercury Dealership into a medical office building. It was noted that the Conservation Board granted approval of the submitted landscape plan. There will be approximately five tenants. The hours of operation for the facility will be, 7 a.m. to 7 p.m. Each tenant will have access to their space via a front and a rear entrance. There will be an area for patients to be dropped off and picked up. In reviewing the presented drawing, the members questioned the design of the proposed project, noting that the project is located in an entranceway to the Town. Mr. Fabinsky stated that Board member Mrs. Biryla’s input will be needed (she is excused this evening) and that he would like the applicant to provide a three-dimensional picture for a better understanding of the proposal. Mr. McGuire noted that he feels the proposed lighting used within the columns will add a different dimension.
There being no further business, the Chairman adjourned the meeting at 9:15 P.M.
DATED: March 27, 2006 Respectfully Submitted,
REVIEWED: March 30, 2006 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman