Minutes of the October 4, 2006 Special 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

                                       Philip Murray

                                       Michael McGuire

EXCUSED:                      John Bernard

                                       Eugene Majchrzak, Alternate

                                       Andrew Geist, Building Inspector

OTHERS PRESENT:         Remy C. Orffeo, Planning Coordinator

                                      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.

 1.                                                                                            P.B. File #33-98, proposed Knoche Farms Subdivision, Vacant land, north side of Milestrip Road, west of Transit Road, Zoned R-2.  Planning Board to determine                                  adequacy of the submitted DEIS for public review. Pre-Application Findings                                    made on 7/8/98 and 3/10/99. 

APPEARANCE:                                                                            Mr. Rob Pidanick, GPI

                                                                                                 Mr. Jason Knight, GPI

                               Mr. Andrew Leja, Attorney

                                                                                                 Mr. Jim Marino

                               Mr. Mark Tufillaro, Applicant/Property owner

Mr. Pidanick stated that issues identified at the last meeting were discussed at a meeting with Hatch-Acres on September 18, 2006. The issues discussed included wetlands, traffic and public health.

Planning Coordinator Orffeo discussed a correspondence that had been submitted by Mr. Fred Haas regarding an underground cable at the site. This will be documented in the FEIS.

Hatch Acres, the Town’s consultants, had four main concerns and commented on the following:

•  Traffic – the report is an old analysis and a more recent and detailed findings is needed.

•   Wetlands – it is not clear as to the location of wetlands. The applicants have responded that there are three wetlands within the project but have not properly located them.

•  The “Haas letter” –No other information, other than from Mr. Haas exists; there is no data or sources indicating dumping at the site. The consultants request aerial photos.

•  Impact on public health risk – This is a complex issue; the DEC proposed limits indicated that there is no significant impact on public health.  There is a technical weakness in the report.

Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to accept the draft EIS to include all changes agreed upon between the applicant and the Planning Board’s consultant (Hatch-Acres) as listed below.

•  Move that the draft EIS be deemed adequate to its scope and content for the purpose of commencing a public review;

•  Move that the Planning Coordinator be authorized to prepare, file and publish a notice of completion of the Draft EIS upon the above referenced changes being incorporated into the draft EIS.

•  Move that it is the intention of the Planning Board to schedule a public hearing once the notice of completion is filed.

ON THE QUESTION:

Mr. Murray established that Hatch-Acres deem the document “complete” as defined by SEQR.  He also discussed whether or not specific information provided regarding health and disease cluster analysis was included in the DEIS.  Mr. Leja stated that five (5) chemicals were present in the research that had been performed; the disease cluster analysis is more complex and everything that could be included in the DEIS, in fact, was.

THE VOTE ON THE MOTION BEING:

MCNAMARA           AYE

BIRYLA                           AYE

BODDEN                             AYE       

FABINSKY    AYE

          MURRAY                                                                          NAY

          MCGUIRE                                                                        AYE

          THE VOTE BEING FIVE (5) IN FAVOR, AND ONE (1) AGAINST, THE MOTION IS HEREBY PASSED.

Mr. Fabinsky made a MOTION, seconded by Mr. McGuire, that the notification to the required agencies for review of the DEIS include the NYS Department of Health, Centers for Disease Control and Prevention and Mr. Greg Sutton of the NYSDEC Division of Hazardous Waste Remediation (Region 9).                      

THE VOTE ON THE MOTION BEING:

MCNAMARA           AYE

BIRYLA                           AYE

BODDEN                             AYE       

FABINSKY    AYE

          MURRAY                                                                          AYE

          MCGUIRE                                                                        AYE

          THE VOTE ON THE MOTION BEING UNAMIOUSLY IS HEREBY PASSED.

There being no further business, the Chairman adjourned the meeting at 7:20 P.M.

    DATED:    January 23, 2009                                         Respectfully Submitted,

    REVIEWED:      January 26, 2009                                   Rosemary M. Seivert

                                                                                                              Planning Board Secretary

William McNamara,

Planning Board Chairman