Minutes of the September 13, 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
Paul Bodden
Harold Fabinsky
Michael McGuire
Philip Murray
EXCUSED: 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.
The Chairman noted that the minutes from the Special Meeting of July 5th, Regular Meeting of July 12th, Special Meeting of August 2nd and Regular Meeting of August 9th, 2006 meetings are not available.
1. 7:30 P.M. Public Hearing P.B. File #41-06, Andy Romanowski, proposed 1 lot subdivision, SBL#184.05-2-4.112, Vacant Land located on the north side of Armor Duells Road (between house #’s 5234 & 5258 Armor Duells Road) Zoned R-2. Pre-application findings were made on August 9, 2006. Requesting Preliminary Plat Plan Approval of a 1-lot subdivision.
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published 8/31/06, was presented and filed with the Board by the Planning Board Secretary.
The Chairman asked for those in favor of the project to speak.
IN FAVOR:
Mr. Andy Romanowski, Developer
4727 Camp Road
Hamburg, NY 14075
Mr. Romanowski spoke in favor of the project.
IN OPPOSITION:
No one spoke.
Mrs. Biryla made a MOTION, seconded by Mr. Bodden to CLOSE the Public Hearing.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
The Board discussed the applicant’s request and determined that the applicant does not have Town Engineering approval.
Mr. McGuire made a MOTION, seconded by Mr. Bernard to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO TABLE IS PASSED.
2. P.B. File #30-06, Tops, 3201 Southwestern Blvd. Zoned B-2. Requesting Planning Board approval of outdoor display.
APPEARANCE: Mr. Michael Borden
The Board discussed the applicant’s request and reviewed the submitted sketch plan. The Board members told Mr. Borden that items must not be placed in the fire lane or interfere with the pedestrian walkway; adequate space is to remain for wheelchair bound customers. Mr. Borden told the Board that the display will remain until December 31, 2006.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to GRANT Outdoor Display from 9/1/06 to 9/1/07, based on the site plan received September 1, 2006 based on 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 for the display or the temporary structure.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BIRYLA AYE
BODDEN AYE
FABINSKY AYE
MC GUIRE AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
3. P.B. File #42-06, The Original Pancake House, 3019 Union Road, Zoned B-2. Town Board referred to Planning Board on 8/16/06. Applicant is seeking approval of revisions to facade.
APPEARANCE: Mr. Roman Jewula, owner
Mr. Jim Pella, Architect
4. P.B. File #48-06, Joe Ippolito, 3021 Southwestern Blvd., Zoned B-2. Town Board referred to Planning Board on 8/16/06. Requesting a Change in Use to convert a former “7-11” store into a laundry mat.
5. P.B. File #13-05, Eagle Heights West Subdivision, 31 acres of vacant land as an extension of Deer Run, Zoned R-1. Applicant is requesting Pre-application Findings Review of a revised site plan for a 22-lot subdivision.
6. P.B. File #49-06, Panera Bread, 3995 North Buffalo Road – Suite 100, Zoned B-2. Town Board referred to Planning Board on 9/6/06. Requesting Planning Board approval for outdoor seating.
7. P.B. File #50-06, Kettle’s, 3719 Abbott Road, Zoned B-2. Town Board referred to Planning Board on 9/6/06. Applicant is requesting approval of an extension of a non-conforming use. The Zoning Board of Appeals granted a use variance on 8/15/06.
8. 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, Greenman-Pedersen
Mr. Andrew Leja, Attorney – Hiscock Barclay
Mr. Mark Hanna, Earth Dimensions
Mr. Leja gave a brief history of the project to the Board, noting that the process of preparing the DEIS (Draft Environmental Impact Statement) began in 2003 and that the Planning Board issued a positive declaration for the project. He noted that a scoping session was held on January 5, 2004 and that the resulting scoping document was transmitted directly into the DEIS (the table of contents is in fact comprised of the scope). He explained to the Board that the “determination of completeness” being sought from the Board by the applicant, only means that the document is ready for public review and distribution to the involved agencies and the Board; it does not mean that the Board is committing to a particular course of action with respect to this project. He further explained that the Board would only be declaring that the DEIS meets the scope that was agreed upon.
Mr. Leja told the Board that the applicant has been working closely with the Town’s consultant, Hatch-Acres and that he feels all comments submitted from Hatch-Acres have been properly and satisfactorily addressed by the applicant. However, there outstanding issues that remain that Mr. Leja describes as being “fundamental differences of opinion”. Mr. Leja is prepared to discuss these items with the Board. He told the Board that from a SEQR stand point, the Board is to only determine the completeness of the project. He stated that Hatch-Acres may not agree with the contents of what is addressed relative to the scoping point, but that is to be addressed and debated in the next phase of this process. Once the DEIS is deemed complete it can be distributed for review, wherein comments, questions and concerns are solicited and addressed in the FEIS (Final Environmental Impact Statement).
The Chairman asked that the Town’s consultants speak:
Mr. Ken Litfin of Hatch-Acres told the Board that he does not have the same interpretation of the SEQR law as Mr. Leja with regards to the term “complete” or “adequate”. He noted that the applicants he had met with the applicants on August 15 and since that time had no submissions in response to their concerns with the DEIS. On September 8th information was received but that it allowed for little time to review it; and that on September 13 at 10:57 A.M. another correspondence was received and that they cannot make a determination on its completeness. He noted that it would be in his professional best interest not to do so. He discussed several of the outstanding items and noted that it would be unfair to release the document to the public and deem it complete. These items include:
1. Traffic -
OTHER BUSINESS:
There being no further business, the Chairman adjourned the meeting at 9:50? P.M.
DATED: June , 2007 Respectfully Submitted,
REVIEWED: June , 2006 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman