Minutes of the February 21 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
Harold Fabinsky
Michael McGuire
Philip Murray
Eugene Majchrzak
EXCUSED: Andrew Geist, Building Inspector
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Thomas Ostrander, Junior Engineer
Michael Wolf, Deputy Town Attorney
David Holland, 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 January 10, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. McGuire, to accept the minutes of the January 10, 2007 meeting as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN ABSTAINED
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman stated that Board member Lorraine Biryla, a member of the Planning Board since 1978, recently passed away. He noted that Mrs. Biryla was dedicated to both the Town and the Planning Board and that she will be greatly missed. He asked for a moment of silence to honor and remember Mrs. Biryla, noting that the Board hopes to continue in her spirit and the expertise that she brought to the board.
1. P.B. File #31-06 Bennett, two-lot subdivision, 7.55 acres of vacant land, east of 5635 Armor Duells Road, Zoned R-2. Requesting Final Plat Plan Approval of a 2-lot subdivision. Pre-application Findings were made on 11/13/96 and
Preliminary Plat Plan Approval was granted 1/10/07. Tabled by the Planning Board on 1/10/07, pending additional information.
APPEARANCE: Michael Borowiak, Vice President - Nussbaumer & Clarke
Mr. Borowiak presented a brief overview of the project, explaining that Mr. & Mrs. Bennett desire to develop two (2)-lots at this site. The lots will be accessed by individual driveways onto Amor Duells Road. He noted that the Board tabled their review of the project based on traffic concerns expressed by Mrs. Holl at the January 2007 public hearing; since that time Mrs. Holl has rescinded her comments. The Chairman stated that he received a corresponded dated 1/11/07 from Mrs. Holl, wherein she indicates that she no longer has concerns regarding traffic. This correspondence has been entered into the permanent record. Mr. Borowiak told the Board that all permits have been granted and Orchard Park Town Engineering approval has been received.
Mr. McGuire stated that he feels that, based on the Board’s discussions of the project, research and onsite review of the road, a thorough study has taken place regarding safety. He further feels that the Board has shown due diligence regarding this project.
The Chairman discussed with the petitioner how the owners will exit the property.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to GRANT Conditional Final Plat Plan Approval to this 2-lot subdivision based on the submitted plat plan received 11/2/06 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on (1/10/07).
2. A negative declaration was issued on 1/10/07.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation fees in accordance with Section 144-70E of the Town Code have been provided.
5. Town Engineering Final Plat Plan Approval has been granted on 11/27/06.
7. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
8. All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
ON THE QUESTION:
The Chairman asked for clarification regarding the street tree requirement for this project, per Section 121-66 of the Town Code. Planning Coordinator Remy
Orffeo told the Board that the Conservation Board had indicated to him that
there is no need to plant a new tree on the lots as they are heavily wooded.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #2-07, Top’s, 3201 Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of outdoor display. (renewal)
APPEARANCE: Michael Borden, Assistant Store Manager
Mr. Borden stated that he would like to renew the outdoor display plan that was approved by the Board in 2006.
Mr. Fabinsky noted that in the past, there had been blockage occurring in the fire lane. The members established with Mr. Borden that blockage of the fire lane will not occur with the presence of the outdoor display, nor will items be placed in the fire lane. An 8-foot wide passageway will exist for individuals that wish to remain under the storefront canopy as they enter and exit the store that is approximately 56-feet long. Twelve feet of space exists from the front of the store to the fire lane. Two columns are located under the canopy area.
Mr. McGuire established that the current outdoor display permit expired. The Board discussed the renewal request and determined that the time period should be from March 2007 to March 2008.
Planning Coordinator Orffeo noted that in the past there has been outdoor display “leakage” into the fire lane area; however, Building Inspector Andy Geist has found Mr. Eric Wurl, the new Top’s store manager, to be responsive to concerns brought to his attention.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to GRANT Outside Display from 3/1/07 to 3/1/08 based on the plan received on 1/11/07 with 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.
3. No change in the display or arrangement shall block the fire lane or impede covered access by pedestrians.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #05-07, Lowe’s, 3195 Southwestern Boulevard, Zoned B-2. Requesting Planning Board approval of outdoor display. (renewal)
APPEARANCE: Mr. Dave Bennett, Store Manager
Mr. Bennett stated that he would like to renew the outdoor display plan that was approved by the Board in 2006.
Mr. Bodden established that the request is for the same plan that was previously approved by the Board. Mr. Bernard discussed a short wall and established that lumber products may be placed there.
The Chairman stated that he feels the Lowe’s management has operated the outdoor display in a responsible and positive manner; he suggests that the Board grant a two-year renewal term for this request. The Board members concurred with the Chairman.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to GRANT Outside Display comprehensively covering the period from 3/1/07 to 3/1/09, but qualifying in seasonal phases as described below, based on the plan presented to the Board on 2/21/07 with 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 temporary structure.
3. The petitioner is to provide and adhere to a schedule for seasonal display given to the Town Building Inspector.
4. The grounds and display materials will be maintained in a consistent manner with, and reviewed by the Planning Board, or designee with the petitioner correcting any identified deficiencies in the layout structure.
5. There are to be no banners or signage.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #06-07, Greater Buffalo Savings Bank, 6520 Webster Road, Zoned B-3. Requesting Planning Board approval of proposed signage.
APPEARANCE: Mr. Chris McCaffery, Ulrich Sign Company Inc.
Mr. McCaffery presented and explained the proposed sign request to the members. Having recently learned that it is not common practice for the Planning Board to approve signage with advertising on it, he told the members that he would eliminate the bank’s name from the directional signage, as presented to the Board members
Mr. Bodden told Mr. McCaffrey that he feels the proposed sign color is not attractive. Mr. McCaffery assured the Board that the computer generated color did not print accurately; the color, shown on the plan as a “green”, is supposed to be a beige/putty color. He also noted that a similar color will be used on the canopy. Mr. Bodden questioned the color being used on the canopy noting that he believed that it was to be a darker color. Mr. McCaffery told the Board that he was not aware of the color being different than the beige/putty color and assured the Board that the canopy color will be similar to the signage color.
The Board members discussed the proposed signage and concluded that they did not want the bank’s name or logo on the directional signage as it may create a distraction that could contribute to traffic congestion and/or accidents.
Mr. Bernard established that the signage will not be illuminated.
Mr. Bernard made a MOTION, seconded by Mr. Bodden to GRANT approval of one (1) identification sign along Webster Road and two (2) interior identification signs based on the submitted plans received 2/9/07.
The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. Directional signs are approved and permitted by Section 144-38H of the Town Code.
3. The Directional sign measures 50” high by 49” wide with a maximum overall height of 50”, as labeled “Option B”. The directional signs will indicate “Enter” and “Exit”; the two (2) interior signs, measuring 2-ft. by 4-ft. with an overall maximum height of 5 ft. and an 18” x 12” sign – “Do Not Enter” with a maximum height of 5-ft.
4. The signs will not be illuminated.
5. The signs will be located per the approved location plan dated 7/24/06.
6. A permit fee shall be paid in accordance with Section 144-70A(1).
ON THE QUESTION:
Planning Coordinator Remy Orffeo stated that, for clarification, the sign in the interior part of site is not to have the name/logo appearing on it.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. 7:30 P.M. Continuation of Public Hearing, 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. Planning Board, under SEQRA, to conduct public hearing for the submitted DEIS. Pre-Application Findings made on 7/8/98 and 3/10/99. Public Hearing adjourned on 12/13/06.
The Chairman re-opened the public hearing for additional comments, noting that Mr. Thomas Reid, Chairman of the Town of Elma Planning Board sent a correspondence dated 2/13/07 indicating that the Town of Elma has no concerns with the proposed project. He asked that the letter be made part of the permanent record. The letter stated the following:
“Thank you for forwarding the above reference documents. The Elma Planning Board (EPB) did a cursory review at their regular January 16, 2007 meeting. Consensus at that time without further study, was that there would be no adverse environmental impact.
Nonetheless, the documents were turned over to the Town Engineer for determination as to whether there might be any potential drainage impact. He reported to me that upon examination, he finds that all of the drainage is away from Elma toward the west, and therefore it is not likely that there would be any impact to the property located on Old Transit Road in Elma.
The EPB wishes to express their appreciation to the Town of Orchard Park for keeping them informed of any potential situations that could have adverse affects on our Town. We are indeed fortunate to have such a good neighbor.”
In addition, the Chairman stated that a request was received, today, from Ms. Diane Kowalski, of the Army Corps of Engineers for additional time to review the DEIS. The Planning Coordinator told the Board that after conferring with Chairman McNamara it was decided to allow the Army Corps of Engineers until March 14, 2007, to review and submit additional comments that they may have to the Board. This was verbally conveyed to Ms. Kowalski, however, the Planning Coordinator stated that he will send a correspondence to Ms. Kowalski confirming their conversation.
Junior Engineer Thomas Ostrander reiterated that the age of the traffic study is a concern, as indicated by the Town’s consultant, Hatch-Acres. He told the Board that he contacted the NYS DOT and was advised that traffic studies with field data older than three (3) years are not accepted; the date on the Knoche study field data is 1998. It was indicated to him that the traffic study will need to be updated. Mr. Ostrander established this is and has been the concern of the Town Engineer for sometime as noted in previous minutes.
The Planning Coordinator stated that a copy of the DEIS was forwarded to the Center for Disease Control in Atlanta, Georgia. Mr. Orffeo has spoken with three individuals at the Center advising them of the time frame and deadlines; he requested that they send a comment to the Board, even if their response is “no comment”. He also spoke to the County Health Department; they have “no comment” and they indicated that they based their determination on the fact that there will be no wells, as the site will use public water. Mr. Orffeo noted that he is surprised by the “no comment” response, given the fact that the Town’s consultant reports the presence of arsenic and cadmium at the site. The County Health Department did not find this to be a problem. Mr. Orffeo further reported that he has not had a response from the State Health Department. He told the Board that he has contacted these agencies minimally, twice; however, he will touch basis with them again before the next meeting.
Board Member Mr. Murray noted he had prepared a written comment letter to the developer and has not yet received a response. For informational purposes, Mr. Murray’s letter of 12/28/06 is as follows:
“While, the developer has presented certain data that is relevant, by my view, substantial well articulated additional information is needed.
1) A thorough currently completed traffic analysis is essential!
Anecdotal comments
about intensive utilization of the Route 400 South/Transit/Milestrip corridor
and its cumulative impact, requires much more study and clarification. Traffic
intensity on Milestrip Road
has definitely changed and needs to be evaluated before this project is
considered.
2) The cumulative impact of this project on any and all SEQRA defined sectors will require additional independent detailed narrative and research focus. This would compare this project’s explicitly defined
impacts on all existing systems: i.e., other residential developments, schools, drainage, and safety issues etc… It may not be good enough to suggest that this or any project of this magnitude can contain its own impacts on its own site. The citizens in this area in Town need to know more details and implications.
3) Extensive independent data mining and research is still needed and required to address threshold exceeding chemistry revealed in previous soil and water testing. The relationship of the threshold exceeding chemicals to any and all disease clusters should be researched and included in this document. It is my belief that any testing results that exceed thresholds are significant and should be treated as such.
I will be happy to elaborate further pertaining to these current project issues if requested.
Thank you for this opportunity to comment.”
The Planning Coordinator noted the applicants were provided with a copy of Mr. Murray’s comment letter and have verbally acknowledged receiving this correspondence. Mr. Murray stated that it is a mater of record that the applicant has the letter and that he feels it is their responsibility to address his comments.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to ADJOURN the public hearing.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MCGUIRE AYE
MURRAY AYE
MAJCHRZAK AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File #68-06, Young Development, proposed Hilltowne Park Phase II, 11-lot Subdivision, Vacant land, east side of Murphy Road, Zoned R-2.
APPEARANCE: Mr. John Schenne
Mr. Brian Young
Mr. Young presented and explained his plan for an 11-lot subdivision that is an extension of the existing Hilltowne Park subdivision. Mr. Young told the Board that he owns the property (approximately 130-acres) bordering the site at the rear.
Mr. Bernard requests that an aerial photo overlay be provided to aid the members in reviewing the project.
Mr. Murray noted that Mrs. Bergantz, Chairman of the Trails Committee had issued a memo to the Board regarding the project, wherein, she states that, “The phase two Hilltowne project ends in a cul-de-sac that limits future connectivity. The neighborhood will be isolated from future development to the south and west. The abutting property to the south and west is zoned residential and owned by a developer. Though there is no current plan to subdivide this adjacent property, it is likely that subdivision will occur in the future. In addition, the west tributary to the south branch of Smokes Creek, a natural wildlife corridor, also runs along the south-west property line. Looking to the future, setting aside property for a pedestrian connection would be a desirable thing to do. Lots 3 through 6 are potential sites for a pedestrian connection.”
The Board discussed the proposal and Junior Engineer Thomas Ostrander advised Mr. Young to meet with the Town Engineer to discuss the project further with regards to the road curve, the proposed “tear-drop” cul-de-sac, the location of the storm water retention/detention areas, and trails to be established on the site to connect the Hilltowne Subdivision with future development to the south and west.
There being no further business, the Chairman adjourned the meeting at 8:20 P.M.
DATED: February 28, 2007 Respectfully Submitted,
REVIEWED: March 1 , 2007 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman