Minutes of the May 10, 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
Michael McGuire Philip Murray
EXCUSED: Paul Bodden
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 April 12, 2006 Planning Board meetings were unanimously waived as each Board Member had previously received copies.
Mr. Murray made a MOTION, seconded by Mr. Bernard, to accept the minutes of the April 12, 2006 meeting.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
1. P.B. File #24-05, proposed Baker Highlands Subdivision, Vacant land, east side of Baker Road, north of Milestrip Road, Zoned R-2. Requesting Preliminary Plat Plan approval.
APPEARANCE: Mr. Ralph Lorigo, Attorney
Mr. Pete Johnston, William Schutt & Associates
Mr. Victor Martucci, Marrano Marc Equity
Mrs. Kathy Roehling, most affected neighbor
Mr. Martucci noted that the project has been granted Engineering Department Preliminary Approval and is awaiting Conservation Board approval for a revised landscaping plan that addresses the new cul-de-sac requirements. In addition, an agreement has been reached with the most affected neighbor, Mrs. Roehling, which provides adequate screening and safety for her children. He believes that all the concerns raised by the Board have been addressed.
Mrs. Roehling told the Board that the applicants accommodated all her concerns. She is satisfied with the proposed plan and noted that it will turn out very nice. She complimented the applicants on the nice job they did in helping her out.
Mr. Fabinsky established that the last preliminary plat plan was received 11/23/05. The land donation consists of 44 +/- acres.
Mr. Murray inquired about the status of the “preliminary plat plan” form that the Town Engineer and Highway Superintendent sign regarding the status of a project. He noted that the form was not presently in the file, but that when it was he observed that the Town Engineer had signed it and not the Highway Superintendent. The Planning Coordinator noted that he has been in communication with the Highway Superintendent and that the form was in his possession. Based on his conversation with Mr. Piasecki, he expects the form to be returned to the Planning Office with in the week.
Mr. Bernard established with the Planning Coordinator that Public Safety has been contacted with regards to having the stop signs installed per the comments made during the public hearing; however, no response has been received from Chairman Szewc.
The Chairman discussed the land donation, noting that the figures provided by the applicant (18.09 acres of wetland and 21.60 acres of non wetlands) does not add up to 44 +/- acres. Mr. Johnston noted that the discrepancy in the calculations
could be from non-jurisdictional wetland areas not being included in the total.
Mr. Fabinsky made a MOTION, seconded by Mrs. Biryla, to GRANT Conditional Preliminary Plat Plan Approval to this 21 lot subdivision based on the submitted preliminary plat plan received 11/23/05 with the following conditions:
1. This is an Unlisted SEQR action based on the submitted Full EAF Parts 1 and 2 and a Negative declaration is hereby made on 5/10/06.
2. Public Hearing and Subdivision Development fees shall have been paid.
3. Recreation are per Section 25-4 of the Town Code, totaling 44 +/- acres, shall be deeded prior to the Final Plat Plan Public Hearing. In addition, the petitioner has agreed to construct a trail system as marked on the map presented to the Conservation Board.
4. 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.
5. Town Engineering Preliminary Approval has been granted on 4/1/06.
6. The drainage district shall be set up to take care of the entire drainage infrastructure for the entire subdivision. The drainage district shall be OPDD1-2.
7. Landscape improvements to 3145 Baker Road as per the plan dated 3/01/06, 5/10/06 and the attached letter of 5/8/06 indicating revisions, shall be made. The letter from Ralph Lorigo, the petitioner’s legal representative dated 5/3/06 to the Planning Board contains terms describing acreage and size of the land donation that shall be held in force.
8. Conservation Board approval must be obtained for the cul-de-sac landscaping.
ON THE QUESTION:
The Chairman noted he would like to respond to comments that were made at the public hearing held on April 12, 2006 by the adjoining neighbors. The proposed zoning is correct for the project and the Board has no authority to stop the project unless
a serious environmental concern exists. The Town is accepting land in lieu of fees; the Chairman supports the project and he explained that the Town is trying to bank green space. He believes the 44 +/- land donation is good for the Town and noted that this is a small subdivision.
Mr. Fabinsky noted that at some point, any proposed subdivision has the element of potential benefit or negative impact on the Town. He feels looking at the Town as a whole; he is inclined to support the project because of the very large land donation. In time, this will be a valuable and priceless asset to our entire community.
THE VOTE ON THE MOTION BEING:
BERNARD NAY
BIRYLA AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY NAY
THE MOTION BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS HEREBY PASSED.
Mrs. Biryla made a MOTION, seconded by Mr. Bernard, to authorize the Chairman to set a final public hearing when he deems appropriate.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
FABINSKY AYE
MCGUIRE 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 noted that the applicant requests to be rescheduled to the June 14, 2006 meeting.
3. P.B. File #30-05, Alliance Homes, 3735 North Buffalo Road, Zoned B-3. Requesting a Building Permit to construct a 1,170 sq. ft. single story building to replace an existing building on the property. Town Board referred to Planning Board on 10/5/05.
APPEARANCE: Mr. Andy Romanowski, Builder
Ms. Parker, representing Historic Square Agency
Mr. Romanowski told the Board that they are proposing to demolish the existing office building and construct a new building in its place. The existing barn will also be demolished. The use of the building will remain the same, an insurance agency, and the number of employees working here will not change.
Mr. Bernard established with Building Inspector Geist that the project is proposing six parking spaces and five parking spaces are required by the code. Mr. Bernard noted that two landscaping plans exist. He would like to know which is correct. Mr. Romanowski explained that both plans propose the same landscaping; however, one plan indicates a parking layout change. Mr. Bernard noted that the wall pacs must have full cut-offs and all hood lights must have shields. The models the supplier offers that meet the requirements allowed are; ASW, WSQ, WSR, WST, WFL, TWRIC and TWR1S".
The Chairman reviewed the site plans and verified that the front of the building will face Orchard Park Road.
Mr. McGuire made a MOTION, seconded by Mr. Bernard, to recommend that the Town Board AUTHORIZE a Building Permit for a 1,170 sq. ft. single story building and APPROVE the site plan received 4/03/06 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 recommended.
2. The site lighting is limited to those fixtures and poles as indicated by Mr. Bernard in the discussion portion of the minutes on the approved site plan. 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. A landscape completion bond in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 64% green space, prior to the receipt of a Building Permit.
6. An area variance was granted by the Zoning Board of Appeals on 9/20/05 to allow a 20 foot side yard setback.
7. Town Engineering Approval has been granted on May 3, 2006.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
4. P.B. File #12-06, Curbell, 20 Centre Drive, Zoned I-1. Requesting a Building Permit to add 31 parking spaces to the present parking lot and enhance the dumpster area. Town Board referred to Planning Board on 3/1/06.
APPEARANCE: Mr. Bob Zubkoff, representing Curbell
Craig Richardson,
Mr. Zubkoff told the Board that the work shift schedules overlap at the facility creating the need for additional employee parking. In addition a larger area has been created for trucks to turn-around in and the existing dumpster area will be made code compliant with an enclosure.
Mr. Fabinsky established that the proposal will not affect the existing green space area, which will be a total of 11.3%.
Mr. Bernard established that the wall pacs will match the existing ones at the site. He requests that the Highway Superintendent remove the “no outlet” sign located on the main entranceway to the site as it serves no purpose.
Mr. Bernard made a MOTION, seconded by Mr. McGuire, to recommend that the Town Board AUTHORIZE a Building Permit to expand the parking facilities and enhance the dumpster area and APPROVE the site plan received April 3, 2006 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 site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens and full cut-offs.
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 Conservation Board minutes shall be provided for the approved landscape plan, which includes 11.3% green space prior to the receipt of a Building Permit.
6. Town Engineering Approval has been granted on May 3, 2006.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
5. P.B. File #2-06, Tim Horton’s Restaurant, 3239 Abbott Road, Zoned B-2 & R-3. Requesting a Building Permit to construct a new single Tim Horton’s restaurant building with a drive-through that has a separate access drive. Town Board referred to Planning Board on 2/15/06.
APPEARANCE: Mr. Lou Terragnoli, representing Tim Horton’s
Mr. Tim Gawenus, FRA Engineering
This project had previously come before the Board as an “other business” item.
Mr. Murray asked if a traffic study was performed for the proposed project. Mr. Gawenus stated that there was a traffic memo dated 1/26/06 and that copies were sent to Erie County and the Town Engineering Department. However, after much discussion it was determined that a traffic study had not been provided to the Planning Office.
Mr. Fabinsky asked how many cars could be stacked without blocking the site’s egress/ingress from the parking area. Mr. Gawenus told the members that possibly 10 vehicles could be stacked before access to the site would be blocked.
The members discussed existing Tim Horton’s sites in nearby areas. They noted the problems that exist at the Tim Horton’s/Wendy’s location at the Top’s Plaza. They told the applicants that they do not want a similar situation like that to occur at this site.
The applicants discussed buffering the neighbors. It was established that the nearest neighbor is located approximately 150 feet away from the site. Mr. Terragnoli noted that in his opinion, the project is more desirable that the previous bar that had existed at the site.
Mr. Bernard discussed the lighting plan, noting that the light levels are 2-1/2 times higher than what is allowed. He asks that the applicants revise the plan and have the light reflect downward. The light poles should have reduced wattage or fixtures removed from the poles. The wall pacs must have full cut-offs and all hood lights must have shields. The models the supplier offers that meet the requirements allowed are; ASW, WSQ, WSR, WST, WFL, TWRIC and TWR1S". In addition,
Mr. Murray commented further on the fact that a traffic study had not been provided for the members to review in a timely fashion. He asked the applicant to provide a study that would
also include a queuing data study for the drive-through. He also asked the applicant to provide information regarding the project being ADA compliant and for the applicant to explain the route or pathway that a wheel chair bound individual would use to access the facility. In addition, Mr. Bernard would like information regarding the use of the sidewalks on Abbott Road to access the building.
Mr. Gawenus explained that two areas have been designated for handicap access. They are located on the south east and north west sides of the site. Mr. Murray stated that he feels a wheel chair bound individual will have to travel a far distance after parking their vehicle to gain access to the facility. He also believes the site in general looks crammed and he would like to see additional space added to the area for accessibility.
Mr. Terragnoli noted that he did not feel there will be as much pedestrian traffic as there will be drive-through traffic and he is comfortable with the proposed plan.
Mr. McGuire noted that two operations are run out of one facility at the Top’s Plaza and that congestion problems exist here. He questions why the proposed plan for a single Tim Horton’s operation shows a stub driveway on the adjacent site owned by Tim Horton’s. Are there plans to develop the site in the future? Mr. Terragnoli confirmed that the possibility exists for development of a low intensity usage, such as a bank in the future at the adjacent site. He told the Board that a restaurant would not be proposed for the site as they would not want to create traffic problems for the Tim Horton’s operation.
Junior Engineer Thomas Ostrander, after checking the file in the Engineering Department, noted that Erie County sent a correspondence expressing the same traffic concerns voiced by this Board requesting traffic study data. However, he finds that no traffic study data exists in the report sent in the Engineering Report and Erie County documents that fact. Mr. Ostrander told the Board that FRA discusses having a traffic memorandum sent to Erie County; however the Engineering Department did not receive a courtesy copy of this. He noted that if the project moves forward the Engineering Department would like to recommend deleting the stub road from the Site Plan. This would be the best interest of the Town, Tim Horton’s and Erie County in relation to the traffic concerns being addressed to a small degree. Mr. Fabinsky would like the adjacent parcel to be incorporated into the major parcel. The combined area could be used to address some of the major concerns the Board has with the project.
The Planning Coordinator noted that issues the Board and Engineering Department have with the project (brought up at the work session) include; the traffic study, the stub road Erie County requesting a traffic study, the memo regarding archeological survey and drainage from the County. The Planning Office received a faxed correspondence from “SHIPPO” (New York State Office of Parks, Recreation and Historic Preservation) noting that they are satisfied with the applicant’s response to their initial comments regarding the project site.
The Chairman noted concerns he has with the proposed project that include traffic, safety, the quality of life to the area and when in use the traffic involved with Ralph Wilson Stadium. He told the applicant that although they have been asked to submit a traffic study the Board, at their discretion, may request that an additional traffic study be performed to verify the study results submitted by the applicant. The applicant will be responsible for the cost of this study. He further noted that he does not feel that individuals will travel from the Top’s Plaza to the proposed Abbott and Lake location if the Top’s Plaza is over crowded with stacking. He feels they are too far apart for someone to leave either one to travel to the other.
Mrs. Biryla noted that she does not feel there is an answer to the stacking issues that exist at the phenomenon known as Tim Horton’s and its famous coffee.
Mr. Fabinsky would like to see the stacking capacity that exists at other sites and to have information regarding the safety impact when stacking capacity has been reached at these sites. He noted that the option exists to combine the property with the adjacent parcel to make it larger. This may help accommodate the project and solve traffic issues.
Mr. Bernard noted that if you visit the Tim Horton’s/Wendy’s located at the Top’s Plaza you will observe conditions that will make you more skeptical of what could occur at this proposed site.
Mr. Murray requests that a traffic study and a queuing data study for the site be submitted so the Board will have ample opportunity to review the material.
The members discussed at length the information that they want the applicant to supply. Concerns exist with the traffic overflowing onto the main roads and not wanting a tenant located on the adjacent property.
Chairman McNamara made a MOTION, seconded by Mr. Fabinsky to TABLE the review of the case pending receipt of a traffic impact study and a drive-through traffic queuing study to be submitted in a timely manner for the Board’s review.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
6. P.B. File #10-06, WNY Eye Care, 301 Sterling Drive, Zoned I-1. Requesting a Building Permit for a second floor addition, totaling 12,000 sq. ft. and approval of a revised site plan. Town Board referred to Planning Board on 2/15/06.
APPEARANCE: Mr. Phil Silvestri, Architect
Dr. Leonard Gurevich, applicant
This project had previously come before the Board as an “other business” item.
Mr. Silvestri noted that the input from the Planning Board has been reflected in the presented plan.
Mr. Fabinsky asked to review the elevation for the project.
The Chairman verified that the brick will be dark brown and that there will be a glass elevator shaft.
Mr. Silvestri discussed a minor change that he would like the Board to approve to the site plan. The request is to change the footprint to eliminate a slight jog at the rear of the building. Junior Engineer Thomas Ostrander noted that the request will not impact the green space area or site engineering of the project. Mr. Silvestri noted that structurally it works better for the project and that the change will provide Dr. Gurevich with additional storage space in the surgery center.
Mr. Bernard established with the Building Inspector that the proposed parking spaces comply with the ordinance. He noted that the site presently has wall pacs at the rear of the building
that were not approved by the Town and that they are the wrong style. He would like the applicant to remove these and install the correct wall pacs. It was learned that recessed lighting will be installed in the over hang area and that wall pacs will not be used.
Mrs. Biryla made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board AUTHORIZE a Building Permit for a second floor addition totaling 15,157 sq. ft. plus an additional first floor to second floor addition totaling approximately 1,444 sq. ft. and approve a revised site plan received 4/27/06, 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. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens. Existing wall packs will be removed off the building.
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 Conservation Board minutes shall be provided for the approved landscape plan, which includes 43.28% green space, prior to the receipt of a Building Permit.
6. Town Engineering Approval has been granted on May 3, 2006.
7. Before any construction takes place a submittal is to be made to the Planning Department for Board members Bernard and McGuire’s review of the proposed recessed soffit lighting.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BIRYLA AYE
FABINSKY AYE
MCGUIRE AYE
MCNAMARA AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
OTHER BUSINESS:
1. P.B. File #13-05, proposed Eagle Heights West Subdivision, Zoned R1. Planning Board to review revised sketch plan.
APPEARANCE: Mr. Rob Pidanick, Greenman-Pedersen
Mr. Ken Zollitsch, Greenman-Pedersen
Mr. Pidanick told the Board that the project has been revised per the Board’s mandate to the applicant to include a connection to Deer Run in the existing Eagle Heights Development. He noted that the cul-de-sac design will remain the same. The connection will allow access and movement through the area, but is designed to slow down vehicle traffic. He told the Board that it will have one connection to Jewett-Holmwood Road.
The Planning Coordinator stated that the applicant will be requested to complete a paper road shown on the plan
2. P.B. File #27-06, Quaker Crossing LLC/Falcon Properties LLC, vacant land, southside of Milestrip Road, Zoned B-1. Proposed “Sam’s Club, Gas Station & Car Wash”. Town Board referred to Planning Board on 4/19/06.
APPEARANCE: Ms. Kelly Pronti, Harter, Secrest & Emery LLP
Mr. Gerald Buchheit, Developer
Mr. Robert Walsh, Attorney
Ms. Elisa Tsang, APD Engineering
The project will be constructed on a 19.9 acre parcel on the southside of Milestrip Road. The project layout was briefly explained. The existing power lines have created a challenge for the site. However, the applicant was able to meet the 10% green space requirement. The Conservation Board has requested that the applicant use landscaping that will mirror what is to be used across the street at Quaker Crossing East. It was established that Special Exception Use will be sought for the proposed gas station/car wash. Also, the applicant will be seeking permission from the Board to have a reduction in the required number of parking spaces. They are required to have approximately 809 parking spaces and are proposing approximately 674 parking spaces.
The aesthetics of the project were reviewed and the Chairman noted that the exterior will match Quaker Crossing East. Mrs. Biryla noted that the elevation with the brick accent is appealing.
Mr. McGuire noted that during the initial Quaker Crossing development, discussions took place regarding a property located to the east of the power lines owned by Mr. Paladino. The Board would like to know if that property will have access through Mr. Buchheit’s property to be able to access the highway (Milestrip Road). Mr. Buchheit told the members that the property Mr. McGuire is referring to currently has access to Benzing Road. However, there may be a point in time when additional access is established using his property to the highway (Milestrip Road). The proposed lighting plan was briefly discussed.
The applicant will be requesting two (2) variances from the Zoning Board of Appeals. First, to in include an automatic car wash with the gas station facility, Section 144-5B allows the “non-mechanical” washing of cars at an automotive service station. The second request is to allow a 224 sq. ft. attendant building, Section 144-29C(4) requires a minimum building size of 400 sq. ft. at automotive service stations.
The applicant thanked the Board for their input.
3. P.B. File #24-06, Quaker Crossing, LLC, southwest corner of retail center, Zoned B-1. Proposed “Border’s Book Store”. Town Board referred to Planning Board on 4/19/06.
APPEARANCE: Mr. Gerald Buchheit, Developer
Mr. Robert Walsh, Attorney
It was established that the project has received Conservation Board approval for the proposed landscaping plan. Mr. Buchheit proposes to construct a 22,000 sq. ft. building for a “Border” bookstore, a 6,372 sq. ft. building for a restaurant and a 5,000 sq. ft. building for unknown tenants. This is the final build out for the plaza and the project is located to the west of the existing bank.
4. P.B. File #32-06, Bounce Magic, 2881 Southwestern Blvd., Zoned B-2. Requesting seasonal outdoor expansion.
APPEARANCE: Tim Wood, owner
Mr. Wood described his operation to the Board. He would like to offer inflatable rides and games (including a ride containing 6 boats in a 42” deep pool) outside during the summer months. He explained that life jackets are provided for this ride. He also is requests to be allowed to install a temporary fence. The fence wou