Minutes of the JULY 11, 2007 meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Acting Chairman
John Bernard
Paul Bodden
Kim Bowers
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: William McNamara, Chairman
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Thomas Ostrander, Junior Engineer
Michael Wolf, Deputy Town Attorney
Andrew Geist, Building Inspector
Acting Chairman Fabinsky 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 Acting Chairman noted that on behalf of Chairman McNamara and the Board members he welcomes the two newly appointed members to the Planning Board. He stated that Ms. Kim Bowers joins the Board as a regular member, noting that he feels that with her background as being a member of the Zoning Board of Appeals she can offer the Board expertise in the area of zoning that the Board lost when Mr. McGuire left the Board. He further stated that Mr. Nicholas Taneff joins the Board as the alternate member and he will vote if the Board needs to establish a quorum. He feels that Mr. Taneff’s background as a member with the Public Safety Committee will broaden the Planning Board’s ability to address issues relating to safety concerns.
Upon a motion duly made and seconded, the reading of the minutes of the June 13, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Bernard, to accept the minutes of the June 13, 2007 meeting as corrected.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
The Acting Chairman stated that it was brought to his attention by Planning Coordinator Orffeo that an additional item must be added to the agenda and reviewed by the Board. He asked the Planning Coordinator to present this item.
1. P.B. File #17-06, Fox Run at Orchard Park, corner of Rte. 20A and California Road, located south side of Rte. 20A, Zoned B-2. Board to review revised site plan request involving the elimination of an approved trail system.
Planning Coordinator Orffeo told the members that a revised plan was received for Fox Run at Orchard Park, which is currently under construction. He explained that the revision involves the trails portion of the site plan, wherein, the developer has been advised by their insurance provider that they will not provide insurance if the trail system located in the wetlands area remains.
The Town Board requests that the Planning Board review the revised site plan proposing the elimination of the trail system through the wetlands; they also asked the members to make a recommendation on its acceptance and additionally advise the Board on the developer’s offer to compensate the Town with funds to be used for recreation or conservation land purposes.
It was noted that the approved site plan included two trails and that the revised plan proposes the elimination of the trail located within the wetlands; the other trail will remain as approved. Mr. Orffeo told the members that the eliminated trail area will be private, remain wetlands and forever green. He further stated that the developer provided an estimate of the monetary amount they propose to remit to the Town. He noted that the Town Board and the Town Engineer will review the proposal and reach an agreement with the developer.
Mr. Bernard stated that the Planning Board liaison to the Town Board, Mrs. Ackerman, worked closely with the developer for a win-win solution; he feels the developer’s estimate of funds to be paid to the Town is substantial.
Mr. Bernard made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board ACCEPT the revised site plan submitted on 7/10/07 based on the following conditions and stipulations:
1. A negative SEQR declaration, based on the Long EAF, Parts 1 & 2 was issued by the Town Board for the original Site Plan on 3/20/02.
2. The developer will compensate the Town for the walkway infrastructure development cost for that portion through the wetlands. These funds will be used by the Town Board at its discretion to pursue recreation and/or conservation land within the Town of Orchard Park.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
NEW BUSINESS:
1. P.B. File #33-07, Big Tree Inn, 4277 Abbott Road, corner of Abbott Road and Route 20A, Zoned B-2. Planning Board to review applicant’s request for outdoor seating.
APPEARANCE: Mr. Dan DeMarco, owner
Mr. DeMarco explained that he would like to provide a permanent outdoor shelter for patrons wishing to smoke. The Board discussed the request and determined that they prefer the “shelter” be attached to the existing building. They directed Mr. Demarco to meet with Building Inspector Andrew Geist to discuss the request further. The Building Inspector will determine if it is necessary for the applicant to return before the Board; if Mr. DeMarco does need to return to the Planning Board he must provide an updated sketch and include information regarding the number of tables and chairs that will be located in the smoking area.
Mr. Bodden made a MOTION, seconded by Mr. Bernard to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO TABLE IS HEREBY PASSED.
2. P.B. File #13-07, 100 Hammocks Drive, “The Hammocks” east side of Orchard Park Road, south of Southwestern Blvd., Zoned R-3 Special Exception Use. Board approved plan on 10/20/03 (P.B. File #20-00). Requesting review and approval of a revised site plan.
APPEARANCE: Mr. Bryan Young, owner/developer
David Riedman, owner/developer
Linc Sweedrock, BME Associates
Mr. Murray recused himself from voting in this case.
Mr. Riedman explained to the members that they would like to revise Phase 2(b) of the Hammock’s project. The approved Site Plan had proposed the construction of two 8-unit buildings during Phase 2(b); however, the revised plan requests to
construction one 10-unit building. He explained that the revision is based on tenant input.
Acting Chairman Fabinsky noted that the project does not have final Engineering approval. He told the applicants that the Board would like to schedule a special Planning Board meeting to take place after Engineering approval is received; at that time the Board will vote on the proposal.
Mr. Bernard discussed the revised plan, noting that Section 144-46, C-10 of the Town Code states that 8-units are allowed per building, unless otherwise approved by the Planning Board; the revised plan is above this threshold. He noted that the applicant had not provided information regarding the façade, floor and elevations. Mr. Riedman told the Board that these items will be consistent with the existing buildings at the site.
Mr. Bodden made a MOTION, seconded by Ms. Bowers to TABLE the review of this case.
ON THE QUESTION:
The Planning Coordinator established that the Board will convene for a special meeting to take place at the beginning of their work session on August 1, 2007 at 7:00 P.M.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY ABSTAINED
TANEFF AYE
THE VOTE ON THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) ABSENTION, THE MOTION TO TABLE IS HEREBY PASSED.
3. P.B. File #04-07, Bryan Young, Seasonal Landscaping & Nursery, Inc., 2240 Southwestern Blvd, Zoned B-2. Requesting a Building Permit to construct a 1,500-sq. ft. addition on the west and a 1,400-sq. ft. addition on the east of the existing building; parking and green space areas will be increased at the site. Town Board referred to the Planning board on 2/7/07.
APPEARANCE: Mr. Bryan Young, owner/developer
The Acting Chairman noted that the project does not have Engineering Approval. Two items that need to be clarified on the Site Plan are the septic system and limits of existing pavement on site.
Mr. Bernard established that two additions are being proposed; one will be for Seasonal Landscaping and the other for Young Development.
Acting Chairman Fabinsky established that the interior green space area at the site will be increased.
The Acting Chairman made a MOTION, seconded by Mr. Bodden to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION TO TABLE IS HEREBY PASSED.
CONCEPT REVIEW:
1. P.B. File #15-07, Bryan Young, Murphy Road, (Pines of Murphy Road) Zoned R-2. Rezoning and Change in Use request to convert sanctuary into senior housing. Board to discuss proposal. Town Board referred to Planning Board on 4/4/07.
APPEARANCE: Mr. Bryan Young, owner/developer
Mr. Roger Langer, NHR Architect
Joe Bowes, Rural Opportunities – Housing
Paul Neureuter, Krog, Inc.
A prior concept review of this project was held during the May 2007 Planning Board meeting; at that time the applicant requested that 12-acres of this 136-acre R-2 parcel be rezoned to R-3. If the rezoning request is approved by the Town Board, a request for Special Exception Use for senior housing will be made by the applicants.
Mr. Neureuter told the Planning Board that based on their comments the rezoning request was revised and increased to 28-acres. He also reported that a meeting was held with the most immediate neighbors on June 19, 2007 and that good commentary was received regarding the project from those in attendance. He explained that a property line was moved to create additional buffer area for an adjacent resident. He also noted that the long EAF was submitted for the project.
The Board was canvassed regarding this project and they discussed their feelings with the applicant. The members restated that they would like the following addressed:
• The plan must include storm water detention information.
• The Board would like to know if the Town of Orchard Park’s emergency services will be burdened by this project. In addition, what will be the effect on traffic and wetlands?
• Show the other portion of the site and the adjacent areas to enable the Board to view the overall area.
• The Board would like additional information on parking spaces at the site; will snow removal affect the parking plan?
• Provide additional information on the landscaping and outdoor areas available to the tenants.
2. P.B. File #10-07, Bryan Young Orchard Grove Apartments, vacant land, east side of California Road, Zoned R-4, SBL#161.18-1-3. Applicant to discuss revised proposal to construct a 152-unit apartment complex (formerly 112-unit) with a recreation house and swimming pool.
APPEARANCE: Mr. Bryan Young, owner/developer
Mr. David Riedman, developer
Mr. Linc Sweedrock, BME Associates
A prior concept review regarding this project took place at the May 2007 Planning Board meeting. Mr. Young told the Board that he purchased additional land; the plan has been revised requesting to construct 152-units on 28-acres of vacant land. It was established that a home existing at the site will remain. Mr. Young will return to the Conservation Board for their review of the revised plan.
Mr. Young was told that the Town would like the roadway into the site to be a public road. Mr. Young expressed his feelings to the Board, noting that he wants to create a beautiful community and not a “race track” where the public will use the roadway as a cut-through. The Board discussed the merits of having a public roadway at length; they concluded that they would like the Public Safety Committee to review the site. Additionally, they would like a traffic study performed which will include the intersection of California Road and Big Tree Road (Route 20).
There being no further business, the Acting Chairman adjourned the meeting at 8:55 P.M.
DATED: July 30, 2007 Respectfully Submitted,
REVIEWED: August 6, 2007 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Acting Planning Board Chairman
for William McNamara, Chairman