` Minutes of the December 12, 2007 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: William McNamara, Chairman
Paul Bodden
Kim Bowers
Harold Fabinsky
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: John Bernard
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Thomas Ostrander, Junior Engineer
Andrew Geist, Building Inspector
Michael Wolf, Deputy Town Attorney
Rose Seivert, Recording Secretary
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 November 14, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received a copy.
Mr. Murray made a motion, seconded by Mr. Bodden, to accept the minutes of the November 14, 2007 meeting as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 7:30 P.M. Public Hearing, P.B. File #29-95, Pine View Gorge, 5899 Scherff Road, proposed 5-lot subdivision, Zoned A-1. Requesting Final Plat Plan Approval of a 5-lot subdivision. Pre-application Findings were made on 4/12/06 and Preliminary Plat Plan Approval was granted on 2/16/00.
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published 11/24/07, was presented and filed with the Board by the Planning Board Secretary.
The Chairman asked for those wishing to speak regarding the proposed project.
IN OPPOSITION:
Mr. Fred Gernold
5705 Chestnut Ridge Road
Orchard Park, NY 14127
Mr. Gernold described the drainage problem that exists on his property and he presented photos showing the flooding that typically occurs here. He told the Board that he farms his land and has experienced the loss of his entire crop due to the flooding of Neuman Creek. He voiced his concerns regarding the potential run-off water that will be created by the proposed subdivision, noting that it may add to the existing flooding problem.
Mr. Ramon Szopinski
61 Greenmeadow Drive
Orchard Park, NY 14127
Mr. Szopinski described the flooding that occurs on his property and voiced his concerns regarding run-off water. He noted that he would like the environmental impact study to include information on the run-off water that will be created by the proposed subdivision. He told the Board that he has never been contacted with regards to the impact the project may have on his property. He further noted that other homes in the area have embankments; however, his home was built at grade level. The water level raises approximately forty-feet out from the creek bed towards his home.
IN FAVOR:
Mr. Rob Pidanick, GPI
4950 Genesee Street – Suite 165
Buffalo, NY 14225
Mr. Pidanick told the Board that he is in favor of the project. He explained that the subdivision meets the Phase 2, DEC SPDES regulations maintaining that site detention will contain up to the post development the 100-year storm event, to insure that the subdivision will not exacerbate any down stream issues in connection with Newman’s Creek. All agency approvals have been obtained; however, two outstanding issues remain; 1) the recreation fee must be paid and 2) a street name must be approved. Mr. Pidanick further noted that he understands that the Board will not be able to act on the request for final plat plan approval until these two items are resolved.
Mr. Fabinsky made a MOTION, seconded by Ms. Bowers to CLOSE the Public Hearing.
The Planning Coordinator noted that the project size is smaller and that the SEQR reflects this change.
Mr. Fabinsky noted that after reviewing the photos that Mr. Gernold submitted he is concerned about the flooding and he asked Junior Engineer Thomas Ostrander to comment on the project.
Junior Engineer Thomas Ostrander stated that most of Mr. Gernold’s property is located in the 100-year flood plain. He told the Board that when there is a large storm event, the area will flood. He further explained that in the last several years rainfalls have been occurring with large amounts of water falling in a shorter period of time; therefore, the natural flood plain around creek areas flood.
Mr. Pidanick told the Board that they can not “fix” the existing problem; however the proposed project will not exacerbate it.
Junior Engineer Thomas Ostrander confirmed that the Town Engineering department has worked diligently with the developer to plan detention at the site. He noted this is a “non-urban area” and that the State does not mandate that the Phase 2 requirements be met. He told the Board that the Town Engineering department has adopted a policy to adhere to the State and the Town’s detention/retention and water quality requirements throughout the Town of Orchard Park. Therefore, the maximum requirements have been applied to this project.
Mr. Fabinsky stated that the detention capacity developed for the subdivision may be a benefit to the area. Mr. Pidanick, again, noted that the project will not exacerbate the existing problem.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO TABLE IS PASSED.
2. 7:30 P.M. Public Hearing, P.B. File #09-06, The Hills, proposed 13-lot subdivision, accessed off a portion of Arrowood Lane within Part 6 of Chestnut Ridge Village, Zoned R-2. Applicant is requesting a SEQR determination and Preliminary Approval. Pre-Application Findings were made on 4/12/06.
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published 11/24/07, was presented and filed with the Board by the Planning Board Secretary.
The Chairman asked for those wishing to speak regarding the proposed project.
IN FAVOR:
Ms. Patricia Bittar, Wm. Schutt & Associates
37 Central Avenue
Lancaster, NY 14086
Ms. Bittar stated that she supports the proposed project. She gave a brief update, noting that SHIPPO has signed-off, wetlands have been identified and a geotechological study is being completed.
Mr. David Chiarolanza
Essex Homes
8940 Main Street
Clarence, NY 14031
Mr. Chiarolanza stated that he is support of the proposed subdivision.
Mr. Mark Mruk
33 Arrowood Lane
Orchard Park, NY 14127
Mr. Mruk told the Board that he is in favor of the project and he discussed the following topics; eliminating the utility easement to Arrowood Lane (he does not feel it is needed); the proposed conveyance of land at the corner of his lot; he would like erosion control measures in place during construction to protect his property; he supports the proposed dry pond as it will attract fewer mosquitoes; he would like a contingency plan established, in the event the fill pile located at the site contains any contaminated materials; he would like traffic control (stop signs) to be put in place at Oakwood Lane only; he would like a construction entrance to limit dust from the site; and he also told the Board that the water pressure in the area is low in the dry season.
AGAINST:
No one spoke against the project.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden to CLOSE the public hearing.
Junior Engineer Thomas Ostrander discussed Mr. Mruk comments, noting that drainage at a site is designed with consideration for the run off water coming on to and off of properties. He told Mr. Mruk that the Engineering Department will revisit and review the easement area to see if it can be eliminated. He also noted that the Town would need to take ownership of the ROW. With regards to the issue of the fill pile, the state mandates that the NYS DEC be contacted as they dictate the procedures that are to be followed if water is encountered: however, in this case the pile in question is just “dirt”. He discussed the location of stop signs not on Arrow Wood Lane, noting that a routine stop sign will be proposed at the end of the cul-de-sac. He also told Mr. Mruk that water pressure is controlled by Erie County, explaining that water is stored in nearby tanks and is regulated by the County.
Mr. Murray discussed the fill pile and established that it was material deposited from Orchard Heights approximately twenty years ago. Mr. Chiarolanza told the Board that it was clean fill material.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak to GRANT Conditional Preliminary Plat Plan Approval to this 13-lot subdivision based on the submitted preliminary plat plan received 12/3/07 with the following conditions:
1. This is an Unlisted SEQR action based on the submitted Long EAF, Parts 1 and 2, and a Negative declaration is hereby made on 12/12/07.
2. Public Hearing and Subdivision Development fees have been paid.
3. Recreation fees in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing
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 12/5/07.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #12-07, Dominick Piestrak, “Courtyard at Birdsong”, Vacant Land located on the north side of Jewett-Holmwood Road and east side of Freeman Road, Zoned R-1. Requesting Planning Board recommendation to the Town Board on a rezoning request from R-1 to “Conservation Management Overlay District” (CMO) for the purpose of constructing 39, single-family homes. Town Board referred to Planning Board on 10/3/07.
APPEARANCE: Mr. Dominick Piestrak, developer
Mr. Nick Piestrak, developer
The Chairman asked if there is any new information that the applicant would like to present to the Board. Mr. Dominick Piestrak told the Board that he was not able to contact Mr. Murray, a resident of the area that had voiced concerns regarding the project, as a phone number was not available.
Mr. Murray discussed a memorandum that the Board had received in September, 2007 regarding utility easements that included a particular focus on patio homes. Mr. Nick Piestrak explained that the memo was in regards to a different project; the concern expressed was with regards to adequate space between the building and the street.
Mr. Nick Piestrak told the Board that the proposal before the Board addresses their concerns that were noted during concept review meetings. This includes the driveway depth, the construction of sidewalks, and meeting the area requirement for a CMO District, which is 50-acres.
Mr. Fabinsky established that lighting will not have an impact to the surrounding area. There will be a sixty-foot buffer around the site and all lights will have shields.
Mr. Bodden stated that the community worked long and hard to develop and adopt the CMO District. There is a marketing demand for this type of housing and he feels this project will be a nice addition to the Town of Orchard Park.
Mr. Majchrzak made a MOTION, seconded by Ms. Bowers, to recommend that the Town Board APPROVE the requested rezoning from R-1 to Conservation Management Overlay District (CMO), for the purpose of constructing 39, single-family homes based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short EAF, and a negative declaration is recommended.
2. Acreage fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans received on 10/30/07 and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #32-07, Dominick Piestrak, “Village Home Subdivision”, Vacant Land, SBL#162.08-2-4.3, located on the south side of Milestrip Road, west of Transit Road, Zoned R-2. Requesting Planning Board recommendation to the Town Board on a rezoning request for one-acre of vacant land from R-2 to R-1. Note: if rezoning is successful, it is the applicant’s intention to further request the rezoning of this property, combined with an additional 49-acres of vacant land (currently zoned R-1), to “Conservation Management Overlay District” (CMO) for the purpose of constructing 56-single family homes. Town Board referred to Planning Board on 12/5/07.
APPEARANCE: Mr. Dominick Piestrak, developer
Mr. Nick Piestrak, developer
Mr. Dominick Piestrak told the Board that 1-acre is zoned R-2 and the balance of 49-acres is zoned R-1. He is seeking the rezoning of the entire property (50-acres) to a CMO District.
Junior Engineer Thomas Ostrander told the Board that if a rezoning does not take place to develop the property as a CMO district, the applicant may decide to construct a traditional 56-lot subdivision, which would include a sanitary lifting station that is an unwarranted burden on the Town along with all the rest of the additional required infrastructure.
The Board members discussed the proposal and the following was established:
• The site, if developed under the CMO District law, will have a total of 28-acres of green space; however, if developed as a traditional subdivision the green space area will be considerably less.
• If the site were to be developed as a traditional subdivision a sanitary lifting station will need to be installed for the majority of the homes located at the rear of the site. This will create a large burden to the Town and tax payers.
• If the site, is developed under the CMO District Law the 1-acre to be rezoned from R-2 to R-1 will be used as part of the roadway into the site; there will be fewer roadways, less Town Highway plowing, less storm water and the Town will have increased benefits for years to come.
• The request does not create spot zoning.
Mr. Murray discussed the fact that the rezoning of the one-acre is the “gateway” to the project; however, the Board will not be discussing the project. He feels there are many questions regarding the impact of this decision. To him, it does not make sense to not talk about the project; he would like to know what the cumulative impacts of the project will be.
Mr. Dominick Piestrak told the Board that he feels it is better for the neighbors, the environment and he also feels the market warrants the idea of developing a CMO District at this site.
Mr. Fabinsky stated that he feels that there is no down side to rezoning to the CMO District; it will relieve a portion of the Town’s burdens.
The Chairman consulted Attorney Michael Wolf on what the Planning Board procedure should be with the request before them. Attorney Wolf told the Board that he feels the Town Board could consider both items at the same time and eliminate the need for an additional public hearing.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board APPROVE the requested rezoning from R-2 and R-1 to Conservation Management Overlay District (CMO), for the purpose of constructing 56, single-family homes based on the following conditions and stipulations:
1. This is an Unlisted SEQR action and a Long EAF, Parts One and Two shall be submitted.
2. Acreage fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans as a CMO received on 6/22/07 and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE VOTE ON THE MOTION BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
5. P.B. File #44-07, Quaker Crossing West, out-parcel area, north side of Milestrip Road, Zoned B-1. Site modification involving dumpster location for “Cold Stone Creamery”. Town Board referred to Planning Board on 10/17/07.
APPEARANCE: Mr. Gerald Buchheit, General Manager Quaker Crossing
Mr. Edward Spiesz, Lauer Manguso Architects
Mr. Buchheit presented a Site Plan that had been previously by the Board. He told the Board that he would like to move the existing dumpster and relocate it behind the building among the electric transformer boxes located there. Mr. Buchheit told the Board that he feels that the present dumpster location is too visible and the dumpster is unattractive. He feels that relocating the dumpster behind the building will improve the look of the plaza. Mr. Buchheit also stated that he will plant screening around the dumpster (Arborvitaes) to diminish its appearance and that if the plantings fail he will replace them.
Junior Engineer Thomas Ostrander told the Board that the dumpster will blend in better, if it is relocated behind the building. He also told the Board that initially there had been two tenants for the out parcel; now there are three and a larger dumpster is needed for the site.
Mr. Bodden noted that he prefers to have dumpsters in one location, rather than in several.
Mr. Bodden made a MOTION, seconded by Ms. Bowers, to recommend that the Town Board APPROVE the site modification plan involving the dumpster location for 3464, 3474 and 3470 Amelia Drive received on 11/26/07 for Quaker Crossing West, Out Parcel, based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore, no determination is required.
2. Dumpsters as shown shall be screened, in accordance with Section 144-25 of the Town Code.
3. No outside storage or display is permitted.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. P.B. File #46-07, Quaker Crossing East, out-parcel located at the northern corner of Amanda and North Benzing Roads, Zone B-1. Applicant is seeking a Building Permit and Site Plan approval to construct an 8,000 +/- sq. ft. furniture store. Town Board referred to Planning Board on 10/3/07.
APPEARANCE: Mr. Gerald Buchheit, General Manager Quaker Crossing
Mr. Robert Blood, Lauer Manguso, Architects
Mr. Pat Mahoney, Lauer Manguso, Architects
Mr. Buchheit explained that it has been difficult to find a tenant to lease to in this location of the plaza due to the design of the parking spaces. He presented and explained a plan that was adjusted to accommodate a proposed 8,000-sq. ft. furniture store. The furniture store will not compete with the Ashley Furniture Store as it offers a different product line. The furniture store will be located on the east side of the Oreck store, with the Pet Smart store located forward, on the east. The revised plan will eliminate the present vehicle through-traffic located at the rear north east corner of the site into the plaza that presently exists at the front of the Pet Smart Store. However, Mr. Buchheit told the Board that three additional entranceways exist that may be used by vehicles to gain access into the site. Mr. Buchheit told the Board that the revised plan will allow this tenant to have convenient parking available to customers in the same field of the main parking lot as the other tenants. He also explained that the revised plan increases the pedestrian walkway, the percentage of green space at the site and the number of parking spaces in the plaza.
Mr. Majchrzak inquired on emergency vehicle access into the plaza, and Mr. Buchheit told the Board that the three entranceways into the site that may be used are located as follows; entranceway adjacent to Orville’s, the Ashley Furniture main entranceway and a rear entranceway into Ashley Furniture.
Mr. Fabinsky discussed concerns he has with development and he cited the former Seneca Mall as an example of a failed project. Mr. Buchheit told the Board that he feels that through careful planning he leases to the best tenants possible. As an example, Mr. Buchheit told the Board that his tenant Target is the number one Target store in sales in upstate New York. He further stated that the majority of his tenants have signed 20-year lease agreements. He feels this plaza is an upscale site and that it attracts good tenants through growth and improvement. He concluded that keeping the site fresh has enabled him to keep his tenants.
Mr. Murray discussed parking concerns he has regarding the Quaker Crossing site. He asked Junior Engineer Thomas Ostrander if the site is in compliance with the Town’s parking ordinance. Mr. Ostrander responded that the parking is consistent with what the Planning Board has approved. It is not in conformance with parking based on square footage, plus spaces for employees; from the very beginning in 2005, the Planning Board gave a conditional recommendation of approval to the Town Board. At that time Engineering approval had not been granted because of outstanding multiple items that included ingress, egress, power lines, health department approval, Erie county approval for connection, etc…. Based on the square footage at that time, there were enough parking spaces; however, it was not known what tenants would occupy the space, nor how many employees would be hired. The Board approved 838-parking spaces; since that time, there have been four revisions to the plaza. Presently, there are 863-parking spaces. Mr. Ostrander noted that the parking does not meet the code; however, from the very beginning the Boards have approved the site based on square footage alone. The Engineering Department’s hands were tied as the required parking spaces were taken out of the equation; Engineering Department approval was granted nine months after the other Board approvals. From the very beginning employees were taken out of the equation and this has been pointed out time and time again. Mr. Murray confirmed with Mr. Ostrander that the plan for Quaker Cross East does not provide for employee parking.
Mr. Buchheit noted that he has exceeded the parking code. However, Building Inspector Geist also noted that the spaces for employee parking have never been included in the project. Mr. Murray stated that he wants it known that the project does not meet the parking space requirement.
Mr. Ostrander stated that the main component is the history of the site; it is compliant to the square footage component, but not for the number of employees.
Mr. Fabinsky asked if calculated on the number of employees, how many parking spaces is the site short. Mr. Geist stated that he has no idea, as he does not know the number of employees that will be there. This will always be the problem with any commercial project with unknown tenants. We can not calculate the parking spaces until after the fact.
Mr. Ostrander stated that a good example of this is Ashley Furniture Store. The proposal was for a 51,000 +/- sq. ft. building; at any given time there are 8 to 9 employees. The code requirement was over 250-spaces. Mr. Mahoney stated that there are so few vehicles parked in the Ashley lot that the store appears to be closed as it has 250-empty spaces.
Mr. Buchheit noted that this is the first that he has heard of the employee parking space requirement. He presented an aerial photo taken on “Black Friday” during peak driving times showing that there is no parking problem at the site.
The members discussed the parking at the site and it was noted that the stores located here do not attract larger crowds of shoppers, such as the Target, Kohl’s or a supermarket.
Mr. Taneff stated that he feels the employees should be directed to the Ashley parking section to park their vehicle.
Mr. Ostrander noted that it is common practice by the Planning Board with box stores, i.e. Benderson Tops Plaza, to not include the number of employees when considering the parking spaces because tenants are not known at the time of the Board’s approvals.
Mr. Bodden made a MOTION, seconded by Ms. Bowers, to recommend that the Town Board APPROVE the revised plan received on 11/29/07, proposing a retail building and issue a Building Permit for an 8,000 +/-sq. ft. building, based on the following conditions and stipulations:
1. This is an Unlisted SEQR Action and a negative declaration is determined based on the 9/28/07 submitted long EAF.
2. A landscape completion bond, in accordance with the Conservation Board minutes in the amount of $715.00 shall be provided for the approved landscape plan, which includes 18.1% green space for the total plaza area.
3. Town Engineering Approval has been granted on 11/29/07.
4. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.
5. Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
6. No outside storage or display is permitted.
7. Any future additional changes or modifications to the Site Plan, Building façade or landscaping shall be reviewed by the Planning Board.
ON THE QUESTION:
Mr. Fabinsky asked if the proposal will reduce the number of parking spaces at the site; Mr. Buchheit stated that the number of parking spaces will be increased.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE VOTE ON THE MOTION BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
7. P.B. File #57-07, Thorn Animal Hospital, 188 Thorn Avenue, located on the north side of Thorn Avenue, west of Carrow Street, Zoned B-2. Applicant is seeking a Building Permit and Site Plan approval to construct a 665 +/- sq. ft. addition to the existing veterinarian building. Town Board referred to Planning Board on 11/7/07.
APPEARANCE: Mr. Daniel Janak, Egan Architects
Mr. Janak presented photos for the Board members to review and he explained the proposal to construct a 665-sq. ft. addition to the existing veterinarian building.
The Board members’ questions established that façade on the addition will have the same material used that exists on the present building; however it will be a better grade.
Ms. Bowers made a MOTION, seconded by Mr. Fabinsky to recommend that that the Town Board AUTHORIZE a Building Permit for a 665 +/- sq. ft. addition to the existing veterinarian building and APPROVE the site plan received 11/26/07, based on the following conditions and stipulations:
1. This is a Type II SEQR action and no determination 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.
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.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
8. P.B. File #33-98, Knoche Farms, proposed 97-lot subdivision, vacant land, north side of Milestrip Road, west of Transit Road, Zoned R-2. Pre-Application Findings were made on 7/8/98 and 3/10/99. Planning Board to issue SEQR findings and determine whether to approve or disapprove the project.
APPEARANCE: Mr. Rob Pidanick, GPI
The Chairman discussed the findings statement with Mr. Pidanick, who told the Board that his client would like to have additional time to review the document.
Planning Coordinator Orffeo confirmed that a correspondence had been received from the applicant’s attorney, Mr. Andrew Leja, stating that his client would like the Board to table this item until the Planning Board meeting of January 8, 2008; however, the date is not correct, the meeting will be held on January 9, 2008.
Ms. Bowers made a MOTION, seconded by Mr. Majchrzak, to TABLE this item until the January 9, 2008 meeting, per the request of the applicant.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO TABLE IS PASSED.
CONCEPT REVIEW:
1. P.B. File #39-07, Family Video Movie Club, Inc., 3009 Union Road, located at the corner of Michael & Union Roads, site of the former Burger King, east side of Union Road and south side of Michael Road, Zoned B-2. Applicant proposes to demolish the existing building and remove the existing parking lot to allow construction of a 7,200 sq. ft. single-story brick building and a 48-space parking lot. Space created will be used for Family Video Movie Club and a tenant to be determined. Town Board referred to Planning Board on 8/15/07.
Appearance: Edward Martin, Land Tech
Todd Bezenah, Regional Manager
John Scheck, Construction representative
The applicants presented and explained plans to demolish and construct a new building at the site of the former Burger King restaurant. They are proposing a 7,200-sq. ft. building for a proposed Family Video store and a tenant to be determined. The entranceway closest to the signal will be removed; security lighting will be used at the rear of the building with a fence and buffering. It was also noted that the Zoning Board of Appeals granted two setback variances at their October 2007 meeting.
The Board members discussed and questioned the trade mark 28-foot tall light structure that is proposed at the front of the building. Planning Coordinator Orffeo noted that Councilwoman Ackerman indicated to him that she has reservations regarding the proposed light structure. The applicants told the Board that this architectural feature is easily removed and they provided the members with other locations of Family Video stores that the members could visit to review the frosted glass block, internally lit (on a timer with the parking
lot lights), light tower that was inspired by the founder of Family Video. The Board members can visit a Family Video in Lackawanna, Amherst, or Elmira.
Chairman McNamara established that the unknown tenant will occupy 1,200-sq. ft. and that typically a Star Bucks, Quizno’s or Subway-type shops will lease at their locations.
Junior Engineer Thomas Ostrander discussed the detention area that will be provided at the site, noting that there had been none before. He also discussed the elimination of the existing entranceway.
Planning Coordinator Orffeo noted that the applicants are aware that the Town Code prohibits adult video rentals; this is allowed only in an industrial area. He further noted that the applicants are to return to the Conservation Board for review of a revised landscaping plan at the January 2008 meeting.
There being no further business, the Chairman adjourned the meeting at 9:34 P.M.
DATED: December 26, 2007 Respectfully Submitted,
REVIEWED: January 02, 2008 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman