Minutes of the AUGUST 8, 2007 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: William McNamara, Chairman
John Bernard
Paul Bodden
Kim Bowers
Harold Fabinsky
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Thomas Ostrander, Junior Engineer
Michael Wolf, Deputy Town Attorney
Andrew Geist, Building Inspector
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 July 11, 2007 and August 1, 2007 Planning Board meetings was 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 July 11, 2007 and August 1, 2007 meetings as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS:
1. P.B. File #14-04, Pleasant Acres II, 4-lots at northwest corner of existing Pleasant Acres II subdivision (Burbank Drive) Zoned R-2. Requesting that the Planning Board authorize the Chairman, if necessary, to sign map cover change approved by the Planning Board on 1/10/07.
APPEARANCE: Rob Pidanick, GPI
Mr. Pidanick appeared before the Board and requested that the Chairman sign the revised map cover that the Planning Board had approved on
1/19/07. He presented a site plan and indicated on the map where the 4-lots are located. He also indicated where a connection to the proposed Pleasant Acres West Subdivision is located.
Mr. Fabinsky required that there be no tail gate banging from construction trucks and that effective dust control measures be implemented to minimize the impact of dust on area residents. Mr. Ostrander, Junior Engineer, commented that dust control is enforced on any project. Mr. Pidanick noted that Anastasi Trucking, the firm that will be involved in developing the site, is respectful to these issues; he will contact Mr. Anastasi and reiterate the Board’s concerns. Mr. Fabinsky noted that Anastasi did fairly well when they moved the fill from the Barrington Heights Subdivision to the proposed Pleasant Acres subdivision.
Mr. Bernard discussed a snow plow turn-around area and confirmed with Junior Engineer Thomas Ostrander that this is noted on the presented plan.
The Chairman established that Mr. Pidanick will advise the Planning Board if work will occur on the weekend. Building Inspector Andrew Geist noted that the Town Code prohibits construction work on Sunday. It was also learned that the applicant is scheduled to appear before the Town Board on August 15th, 2007 for approval of the PIP (Public Improvement Permit).
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to AUTHORIZE the Chairman to sign the map cover change approved by the Planning Board on 1/10/07 with the following stipulations:
1. The petitioner assures the Board that there will be no banging of truck tail gates during the loading and unloading process.
2. That there be adequate means of dust control to prevent intrusion into neighbors’ normal daily summer enjoyment of activities.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #31-07, Benderson Development, 3195 – 3207 Southwestern Blvd., located on the south side of Southwestern Blvd., Crossroads Plaza out-parcel (adjacent to Lowe’s), Zoned B2. Planning Board recommended Town Board approval of this project on 9/14/05, P.B. File #31-04. Applicant seeks relief from the parking requirement.
APPEARANCE: Jim Rumsey, Architect – Benderson Development
Mr. Rumsey noted that at the time of the approval of the Wyoming Bank out parcel site it was agreed to “bank” parking spaces that were being lost for the entire plaza and locate these “banked” parking spaces near the out parcel area adjacent to Lowe’s. Subsequently, the Lowe’s out parcel was granted approval to construct a 7,560-sq. ft. restaurant/retail building with a total of 152-parking spaces (this total included the “banked” parking spaces). Mr. Rumsey told the Board that Benderson Development is requesting to have the number of parking spaces reduced at the Lowe’s out parcel to 84. He explained that 152-parking spaces are not needed and that Benderson Development would like to increase the green space area at the out parcel site. He stated that Benderson Development will agree to install the “banked” parking spaces (68) in the future, if the Planning Board deems that these spaces are needed. He told the Board that the out parcel site exceeds the parking requirement, which would be 45-parking spaces.
Mr. Murray noted that he fears that the agreed upon “banked” parking spaces will be lost. He would like the 68-parking spaces indicated on the Site Plan with a notation explaining that they have been set aside until they are needed. In addition he would like the original Planning Board file number and date printed on the plan to link the plan to the original Wyoming Bank approval process.
Junior Engineer Thomas Ostrander told Mr. Rumsey that, if the Site Plan is amended, the Engineering Department requires a re-submittal of the complete amended site plan, including the entire parking lot.
Planning Coordinator Orffeo told the Board that the Conservation Board reviewed the plan and they support keeping the back area of the out parcel as green space with additional landscaping planted and fencing installed.
Mr. Bernard made a MOTION, seconded by Mr. Fabinsky to recommend that the Town Board GRANT relief from the parking requirement per Section 144-29A(2) of the Town Code for the following reasons:
1. This is an unlisted action and no further determination is required; the SEQR has been previously filed.
2. The original agreement with Benderson Development required 152-parking spaces;
3. The Building Inspector has determined that the maximum parking spaces required for the 7,560-sq.ft. building is 84 spaces;
4. The Conservation Board has recommended that 68-parking spaces located at the rear of the parcel (as shown on the August 3, 2007 site plan) be kept green;
5. Benderson Development agrees that the 68-parking spaces shall be “banked” for parking if deemed by the Planning Board in the future to be needed for either this site or the “Tops Plaza” as originally developed by Benderson Development. The Site Plan shall note the requirements of the banking for the overall site via a full site plan.
6. A landscape completion bond in accordance with the Conservation Board minutes ($19,610.00) shall be provided for the approved landscape plan
received 8/03/07 which includes 10% interior green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #29-07, Parker Price, 3815 California Road, located on the east side, Zoned I-1. Applicant is requesting a Building Permit and Site Plan approval to construct an 8,993 sq. ft. addition to an existing office building. Town Board referred to Planning Board on 6/6/07.
APPEARANCE: Mr. Robert Gill, Architect
Mr. Parker Price, owner/developer
Mr. Gill explained that Mr. Price’s tenant is an insurance company that requires a larger facility with increased parking to accommodate their evolving into a headquarters for settling insurance claims. He noted that additional property was acquired and combined with the site. He further noted that Conservation Board approval was received for the presented landscape plan. The Board reviewed the presented plans and established with Mr. Gill stated that the addition will match the existing front elevation. Mr. Gill stated that the goal was to achieve an addition that would not appear as an addition. He told the Board that there will be no change in use occurring at the site; the proposed expansion is to accommodate a growing business.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board AUTHORIZE a Building Permit for an 8,993-sq. ft. addition to an existing office building and APPROVE the site plan received 8/1/07, 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.
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 8/2/07.
6. A landscape completion bond in accordance with the Conservation Board minutes ($13,748.00) shall be provided for the approved landscape plan received on 7/06/07 which includes 10.1% interior green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #28-07, 3026 & 3030 Orchard Park Road, located on the west side of Orchard Park Road, Zoned B-2. (Site of Schuele Paint and ABC Tool Rental) Applicant proposes to combine these two parcels and is requesting a Building Permit and Site Plan approval to construct a 2,520 sq. ft. addition that will join the two buildings that currently exist on these parcels to operate a day-spa and create new medical offices. Town Board referred to Planning Board on 6/6/07.
APPEARANCE: Mr. Daryl Martin, Architect
Dr. Santos, owner/applicant
Mr. Martin explained that the two Orchard Park Road properties have been combined into one site and that the applicant is proposing to link the existing buildings together with a 2,520-sq.ft. building. Dr. Santos told the Board that the current tenants (Schuele Paint and ABC Tool Rental) will leave and that three to four new tenants (a day-spa and medical offices) will occupy the site; each tenant will have a separate entrance into their space.
Mr. Fabinsky discussed the façade of the proposed buildings; Mr. Martin told the Board that his clients desire to have the middle area a little different, but at the same time the site will be harmonious. They chose to use a slightly different color brick in the center building area.
Junior Engineer Thomas Ostrander noted that all approvals have been received.
Planning Coordinator Orffeo told the Board that the new address for the combined property is 3030 Orchard Park Road. He also noted that Mr. Paul Hogan (an additional owner/developer of the project) appeared before the Conservation Board and at that time he indicated that the façade would be the same. This is reflected in the Conservation Board minutes. Dr. Santos noted that it will be the same facade, but, that a different color will be used in the middle area. Mr. Fabinsky asked that Dr. Santos bring elevations with samples of the façade materials and color renditions for the Town Board to review so that they may judge the compatibility of the proposed façade.
Mr. Bernard discussed the lighting plan with Mr. Martin and questioned if the site was compliant with the lighting levels set by the Town.
Ms. Bowers discussed access into the site and signage that will be used.
Mr. Murray discussed the space allocated to the day-spa and office areas and he established that this will not be a surgery center. He further established that the proposed parking spaces will be adequate and that the site will be ADA compliant.
Mr. McNamara made a MOTION, seconded by Mr. Bernard to recommend that the Town Board AUTHORIZE a Building Permit for an 2,520-sq. ft. addition that will join two buildings that currently exist on a combined parcel (formerly 3026 & 3030 Orchard Park Road, now known as 3030 Orchard Park Road) to operate a day-spa and create new medical offices and APPROVE the site plan received 7/30/07, based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Long 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; shields will be used on the light fixtures along Eaglebrook Drive.
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 8/2/07.
6. A landscape completion bond in accordance with the Conservation Board minutes ($16,668.00) shall be provided for the approved landscape plan received 7/17/07 which includes 10.1% interior green space, prior to the receipt of a Building Permit.
7. The applicants shall, at the time they appear before the Orchard Park Town Board, present colored elevations depicting the combined architecture of both properties (proposed connecting building and the existing buildings, located at 3026 and 3030 Orchard Park Road) for the Board’s review of the ascetic look.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P.B. File #05-06, Reed’s Jewelry Store, located at the corner of Milestrip and Abbott Road, south side of Milestrip, Zoned B-2. Applicant is requesting the use of a curb-cut on Milestrip Road. Previously tabled by the Planning Board on May 9, 2007.
APPEARANCE: Mr. Jeff Zimmer, applicant & property owner
Mr. Brian Skok, representing NYSDOT
Mr. Zimmer discussed the history of the project, noting that the NYSDOT will not approve a median/island area (which the Planning Board prefers) to detour vehicles from making left-turns into the site traveling east on Milestrip Road. He noted that the Planning Board requested that he discuss having an alternative plan for the site with the NYSDOT Mr. Zimmer told the Board that Mr. Skok of the NYS DOT is present to answer questions the Board may have. He explained that the NYSDOT is solely responsible for signage at the site and that the NYSDOT has noted in a letter that the safest option is one without a median/island area.
Mr. McNamara noted that the majority of the Planning Board members expressed having a median/island area located at the curb cut located on Milestrip Road and a “no left-turn” sign placed on Milestrip Road to prevent left-hand turns into and out of the site from Milestrip Road. The site would be similar to one existing at the Wal-Mart located on Route 20A. The NYSDOT originally recommended having the island area and then withdrew that recommendation for the Reed’s site.
Mr. Skok stated that the NYSDOT has reviewed this site a number of times. They have concluded that they would like two-accesses in and out of the site. He explained that based on their experience with one lane driveways (such as the Wal-Mart site on Route 20A) and others, the signs are constantly being hit by drivers attempting to turn left over the medium. Their experience with the smaller mediums/island areas has not been positive.
Mr. Fabinsky noted that he frequently travels the intersection of Milestrip Road and Abbott Road. He discussed what he feels is one of the most frightful areas in the Town of Orchard Park to maneuver through with traffic, even without the curb cut on Milestrip Road in use. He stated that vehicles travel at a high rate of speed going east bound and that westbound traffic is typically congested with vehicles stacking from the Milestrip/Abbott Road intersection back to California Road, and even beyond that point. Mr. Fabinsky told Mr. Zimmer and Mr. Skok that when he votes on an item, safety plays a role in his decision making. He understands that Reed’s would like to operate their site to its full potential. He also understands that the NYSDOT policies may have constraints; however, he could never vote on an
item that could lead to someone being badly injured or killed. Mr. Fabinsky sees a potential for this happening here, more than anywhere else in the Town. He asked Mr. Skok to offer the Board his thoughts on this site to address his concerns. He noted that the Board would like the median/island area as a tool to discourage drivers. Mr. Skok discussed the Star Bucks site that is located west of this site on the south side of Milestrip Road. He told the Board those drivers that error and commit to a left hand turn into the site, even with signage stating “no left hand turn”, bounce over the median.
Mr. Zimmer noted that the traffic impact study reports that the curb cut located on the Abbott Road side of the Reed’s site is closer to the intersection of Abbott Road and Milestrip Road; the report states that if the Milestrip Road curb cut is in use there will be relief from the back up that is occurring.
Mr. Fabinsky noted that a signal is located approximately 200-feet prior to the Star Bucks’ site curb cut and that this creates slower traffic conditions; the Reed’s site does not have the same condition; traffic moves at a higher rate of speed and he feels accidents have a greater chance of occurring from driver error.
Mr. Skok told the Board that Mr. Zimmer has agreed to restrict turns to “right turn in” and “right turn out” only onto Milestrip Road without a median/island area.
Mr. Bernard discussed his feelings regarding the proposed signage noting that he places “zero” value on signage directing traffic to not turn left into or out of the site when a double lane exists on this state highway that leads traffic to turn left. He noted that no one will enforce the “no left turn” as the double lane is stripped to turn left. Mr. Skok stated that if someone violates the signage and turns left into the site, “then so be it”. Mr. Skok told the Board that you can have the safest driveway and if someone makes a dumb move, one cannot design to protect every case.
Mr. Bodden noted that he believes you cannot govern against stupidity; if a motorist is going to perform a stupid maneuver, we cannot stop them. He also feels that there are other local business entrances near very busy business intersections, such as Delta Sonic, Car Quest and Taffy’s, to name a few, that would be considered dangerous under the present Planning Board’s thinking. All these sites seemed to have work quite well over a long period of time. He discussed the photo presented showing a guard rail that was extended during the construction phase of the project. It was learned that the guard rail will be modified to meet NYSDOT standards, making it a safe distance from the curb.
Mr. Fabinsky stated that he agrees that you cannot keep people from doing stupid things; but he also feels that people should not be invited to do unwise things or that the Board should perpetuate a situation that is not good to begin with. He further stated that for him to support the project he must have a proposal that will minimize a motorist from turning left in or out of the Reed’s Jewelry Store site. He stated that we all do dumb things from time to time; however, he does not want to be a part of the process that would allow someone’s error in judgment on this section of roadway to cause their death. Mr. Fabinsky, again, referred to the high rate of speed that motorists travel on Milestrip Road, believing it to be approximately 60-miles per hour. Mr. Zimmer stated that this same issue exists on Abbott Road and he noted that the Planning Board had approved the submitted
traffic study. Chairman McNamara told Mr. Zimmer that the traffic study was accepted by the Planning Board, however, that did not mean they approved it. Mr. Fabinsky told Mr. Zimmer that he disagrees with the traffic study as traffic does not move at the same rate of speed on the Abbott Road side of the site; the speed limit on Abbott Road is 45-miles per hour.
Mr. Murray asked Mr. Zimmer and Mr. Skok if they believe that the Milestrip Road curb cut creates a safe condition. Mr. Zimmer stated “yes” and Mr. Skok stated that the curb cut was approved by the NYSDOT; Mr. Murray told Mr. Skok that did not answer his question. Mr. Skok then responded “yes”. Mr. Murray asked, “Then why do you want restricted access/egress into a safe condition curb cut?”
Mr. Zimmer told the Board that he is not a traffic expert and that it was possible that the yellow lines could cause a problem. Mr. Skok told the Board that the NYSDOT cannot legally deny R.O.W. access into the site; access is given with restriction to this safe condition curb cut. He described the traffic approach to the site and noted that there will not be a large amount of traffic at the site. Mr. Murray questioned if the NYSDOT has restrictive access/egress on all safe condition curb cuts. Mr. Skok noted that they do not.
Mr. Bernard stated that he regularly travels through this intersection. He questions the distance and timing to slow down and turn right into the site after making a left onto Milestrip Road from Abbott Road to access the site. He further noted that there is no way to pull into the drive way without an abrupt slow down/speed change that affects drivers following behind making the same left turn. He would like to know what the required turning distance is. Mr. Skok did not have this information available.
Mr. Majchrzak stated that he would not be comfortable with the use of the curb cut unless a median/island area is included and the site excludes left turns in or out onto Milestrip Road.
The Chairman noted that the NYSDOT originally suggested the use of the median/island area, when they “thought they had it right”.
Junior Engineer stated that an option to the installing of the median/island area is to have a painted one, but added this would be visible only seasonally
Ms. Bowers noted her concerns for heavy traffic during the holiday season.
Mr. Taneff stated that he agrees with Ms. Bowers. He also feels that California Road will become blocked with the traffic backing up from the Milestrip/Abbott intersection.
The Chairman read a correspondence from Mr. Lindsey Smith, a resident of Orchard Park, expressing his concerns regarding the sidewalk that was “torn up” and left in an unsafe condition at this site. Chairman McNamara noted that when the Board initially approved the jewelry store it had been with a single access located on Abbott Road and it was agreed that the applicant would return to the Board for the review of the possibility of a second access onto Milestrip Road. The
applicant, without permission from the Planning Board, went ahead and began to install the second access leaving the sidewalk in an unsafe condition. The Chairman noted that the Town of Orchard Park is not to blame for this unsafe situation created by the applicant’s haste.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard, to recommend that the Town Board DENY a curb cut as outlined on the site plan received 4/11/07.
ON THE QUESTION:
Mr. Majchrzak asked for clarification from Mr. Skok regarding the median/island area originally recommended by the NYSDOT. Mr. Skok told the Board that the NYSDOT does not recommend the median/island area. Mr. Majchrzak questioned if there will be a penalty if the median/island area is put in. Mr. Skok explained to the Board that there would be considerable expense incurred by Mr. Zimmer with additional guard rail, removal of a retaining wall and relocation of a drainage structure that would have to be put in place to facilitate a design with a median.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN NAY
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) AGAINST, THE MOTION TO DENY IS PASSED.
Mr. Zimmer told the Board that he is responsible for repairing the sidewalk and that he will do so.
CONCEPT REVIEW:
1. P.B. File #15-07, “Pines of Murphy Road”, Bryan Young, Murphy Road, Zoned R-2. Applicant to discuss proposal to convert sanctuary into a senior housing facility. Town Board referred to Planning Board on 4/4/07.
APPEARANCE: Paul Neureuter, Krog, Corporation
Joe Bowes, Rural Opportunities – Housing
Mr. Neureuter passed out a correspondence to the Board addressing the questions that were raised by the Planning Board members regarding this proposed project. He told the Board that they are seeking the rezoning of the property and if the rezoning request is approved, they will return to request Special Exception use to allow senior housing at this site. He noted that the proposed senior housing will not be “assisted living”. The Board members discussed the project and asked the applicants to provide additional information regarding the following:
• Provide a rendition of the building in color.
• Show side walks on the site plan.
• Provide information indicating the impact on emergency services.
• Respond to a letter sent by the Planning Coordinator dated 8/7/07 regarding the SEQR information.
• Provide additional information regarding tax breaks that may apply to the request. It was established that residents will not own property; they will be renting.
The Board concluded that the request is to return as a regular agenda item at the September meeting.
2. P.B. File #32-07, “Village Home Subdivision”, Dominic Piestrak to discuss Conservation Management Overlay (CMO) proposal for vacant land located on the south side of Milestrip Road, Zoned R-1.
APPEARANCE: Dominic Piestrak, developer
Clifford Crumb, GPI
Kenneth Zollitsch, GPI
Mr. Piestrak presented a site plan showing the development of 56-single family homes at this site and a site plan showing the development of 56-patio homes using the Conservation Management Overlay “CMO” regulations. He told the Board that the site consists of 50-acres and that he desires to develop the site under the “CMO” regulations. He told the Board that the patio homes will have walkout basements and that the undeveloped areas will remain forever green and be owned by the homeowners association. Deed restrictions will prevent this land from being sold. There will be a 40-foot buffer zone around the perimeter of the site. He told the Board that a home owners association will maintain the private roads within the site. Mr. Piestrak, also, told the Board that it would be possible to construct a bike path at this site and that there will be no common area, such as a club house shared by the residents.
Chairman McNamara questioned having one entranceway into the site and Mr. Piestrak told the Board that the entranceway into the site would be similar to the Birdsong entranceway, which Mr. Piestrak termed a “parkway entrance”.
Junior Engineer Thomas Ostrander noted that the proposal has been reviewed by Town Engineer Wayne Bieler and Mr. Bieler indicated to him that the proposal is acceptable.
The Board members asked Mr. Piestrak to provide information regarding the screening that will be used to buffer neighbors from this site.
Planning Coordinator Remy Orffeo stated that there is a meeting on 8/16/07 to review the “CMO” regulations. However, he does not believe possible changes to the ordinance will effect the compliancy of this proposal.
Mr. Piestrak noted that the proposed “CMO” known as “Courtyard at Birdsong” adjacent to the Birdsong Subdivision will precede this project in development if approved. He told the members that the “Courtyard at Birdsong” will be high-end
patio homes starting at $350,000 and up. The “Village Home Subdivision” “CMO” will be lesser in price.
3. P.B. File #34-07, 2861 Southwestern Boulevard, located on the south side of Southwestern Boulevard, Zoned B-2. Steven Schneckenberger to discuss a proposal to rebuild this site, recently destroyed by fire, with a pole barn for cold storage. Town Board referred to Planning Board on 7/18/07.
APPEARANCE: Mr. Steven Schneckenberger, owner/applicant
Mr. Schneckenberger explained that he would like to restore a commercial building and a residential home that existed prior to a fire that occurred at this site. He, also, told the Board that he would like to erect a pole barn at the rear of the site to house equipment he uses in his tree removal business, known as “Schneck’s”.
Building Inspector Andrew Geist told the Board that the code states that a residential home may not be reconstructed or structurally altered to an extent exceeding 50% of its market value. If the insurance company determines that Mr. Schneckenberger has 50% or more in damages to the home, he will need to appear before the Planning Board and Town Board for approval to re-build the residential home, as this will be a non-conforming use in this business district. Mr. Schneckenberger told the Board that as of this date the insurance company determination has not been made.
The Board discussed the request and determined that Mr. Schneckenberger is to contact Planning Coordinator Orffeo and discuss erecting the pole barn as a separate issue; when the insurance claim has been resolved and if it is determined Mr. Schneckenberger must request a review of a non-conforming use to rebuild the residential home, he may return to the Board.
4. P.B. File #37-07, Quaker Crossing East, Stephen Kane to discuss the out-parcel located at the front of the Ashley Furniture Store, bordered on the south by Milestrip Road and on the west by Amelia Drive, Zoned B-1. Requesting a Building Permit and Site Plan approval to construct a 6,500 sq. ft. building. Town Board referred to Planning Board on 8/1/07.
APPEARANCE: Mr. Steven Kane, owner/developer
Mr. Patrick Mahoney, Lauer Manguso Architects
Mr. Fabinsky discussed the fact that there are outstanding issues regarding the landscaping for this site, noting that the applicant has not completed what was approved and agreed to. He told Mr. Kane that this makes the Town look bad and ineffective in enforcing its approvals; he stated that he does not feel the Board should review the proposal before them until the landscaping issues are resolved.
Planning Coordinator Orffeo reported that the Conservation Board discussed the landscaping with Mr. Kane at their July 31, 2007 meeting and that Mr. Kane had indicated that he would rectify the situation fairly quickly.
Mr. Kane told the Board that he did not own the unruly property; it is adjacent to his and it owned by the State. He agreed that it was unattractive, so he had paid to have that area brush hogged to improve the area as a whole. He stated that
flower beds have been established and that he is awaiting the flowers to arrive so they may be planted. Mr. Kane told the Board that the landscaping will be completed by the end of the week. He explained that NYSEG contacted him regarding trees that had been planted under the power lines. NYSEG directed Mr. Kane to remove the trees from the R.O.W. His landscape architect, Connie Lydon, is preparing a plan to relocate the trees. Mr. Kane noted that he is trying to appease both the Conservation Board and NYSEG.
Mr. Mahoney presented a plan for the out parcel located at the front of the Ashley Furniture Store. During the site plan approval process a 6,500-sq.ft. building was approved for the out parcel. The plan has been refined, based on the tenant interest, to construct a drive-thru for a potential bank. The parking has been reduced; however, it is code compliant for the proposed use. The landscaping at the site has been increased. The proposed plan will not support a restaurant. This is the only out parcel that Mr. Kane will develop.
Mr. Bernard and Mr. Ostrander discussed the loss of parking at this site and he noted that during the Quaker Crossing east concept review the parking for the entire site was established as one entity. This situation is similar to what is being dealt with at the Top’s Plaza.
The Board concluded that Mr. Kane must;
• Arrange to meet with the Engineering Department and resolve parking issues that were discussed; and
• Visit the Town website for Site Plan approval process.
• Return to the Conservation Board with a revised landscaping plan, if the parking issue is resolved.
OTHER BUSINESS:
The Planning Coordinator discussed the alternate’s vote as, defined in the Town Code with the members.
There being no further business, the Chairman adjourned the meeting at 9:40 P.M.
DATED: August 17, 2007 Respectfully Submitted,
REVIEWED: August 22, 2007 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman