Minutes of the JUNE 13 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
Harold Fabinsky
Eugene Majchrzak
Philip Murray
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 May 9, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Bernard noted the following correction to the minutes; page 6, the motion made by Mr. Bodden with regards to Panera Breads is to read, “the outdoor seating for 32-persons from 4/1/07 to 10/31/07”, not 24 persons.
Mr. Murray made a motion, seconded by Mr. Bernard, to accept the minutes of the April 11, 2007 meeting as corrected.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #19-07, Vacant Land, 7830 Ellicott Road, north side of Ellicott Road, Zoned R-1. Requesting Pre-Application Findings review of a two-lot Subdivision.
APPEARANCE: Mr. Steven Moeller, applicant and property owner
Mr. Moeller presented and explained his proposal to develop a two-lot subdivision. He told the Board that each lot will be 147.5-feet wide by deep. The lots will be developed with septic systems and approval for the project has been received from the Erie County Health Department. Junior Engineer Thomas Ostrander told the Board that the wetlands located on the property are outside
the limit of proposed work and that they will not be impacted. Formal drawings and a wetlands delineation will be submitted to the Engineering Department for review.
Mr. Majchrzak made a MOTION, seconded by Mr. Bodden that the following Preapplication Findings were made based on the submitted sketch plan received 4/2/07 and the applicant has detailed:
· The total acreage is 2.37 acres.
· The desired zoning classification is R-1.
· The number of possible stages of completion is 1.
· The applicant's position with respect to title is owner.
1. The zoning will remain as is.
2. Access to surrounding properties is through Ellicott Road.
3. Recreation fees in lieu of recreation area will be provided in accordance with Section 144-70E of the Town Code and shall be paid prior to the Final Plat Plan Public Hearing.
4. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
5. Public Hearing fees shall be paid prior to the Preliminary Plat Plan Public hearing
6. One (1) Street Tree per the Conservation Board's Street Tree Plan shall be provided on each lot per Section 121-77 of the Town Code.
7. The applicant shall complete and submit the Short EAF, Parts 1 and 2 for this Unlisted SEQR action.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bernard made a MOTION, seconded by Mr. Bodden to AUTHORIZE the Chairman to set a Public Hearing for the Preliminary Plat Plan when he deems appropriate.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #24-07, “I-HOP” (International House of Pancakes). Request for Planning Board to review a proposed façade to be made to the existing Kelsey’s restaurant, located in the Quaker Crossing Plaza, Zoned B-1.
APPEARANCE: Karl Henry, Lauer Manguso
Patrick Mahoney, Lauer Manguso
The Board discussed the I-HOP color rendering and the submitted site plan; it was determined that the rendering was incorrect as it did not match the presented site plan. The Board members discussed the proposed changes to the site; this included lighting at the site and awnings chosen for the building. Planning Coordinator Remy Orffeo noted that Councilwoman Ackerman had reviewed the color rendering (the rendering was different than the proposed site plan) and she conveyed to him that there is nothing that excites her about the plan; but, there is nothing so bad that she would send a letter.
Mr. Fabinsky made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board AUTHORIZE a Building Permit for renovations to the existing façade of the building currently occupied by “Kelsey’s” restaurant located in the Quaker Crossing Plaza, and APPROVE the site plan received 5/14/07 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. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall be recessed.
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
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #01-07, 3050 Orchard Park Road, located on west side of Orchard Park Road, Zoned B-2. Requesting Planning Board review and approval of a revised site plan. Town Board referred to Planning Board on 2/07/07.
APPEARANCE: Paul Hogan, applicant and owner
Daryl Martin, Architect
Mr. Hogan presented a revised plan to the Board explaining that the original request approved by the Board had been to construct an addition at the back portion of the former Towne/Lincoln/Mercury, “Mazda” dealership building located here. The revised request proposes to construct and locate the 4,716-sq. ft. addition at the front of the building, towards the road. Mr. Hogan told the members that the addition will match the renovated Mazda building. The member’ questions established that drums existing at the site will be removed by the Town of Orchard Park and that trailers located here will also be removed. The lighting at the site was discussed and Mr. Bernard noted that one of the two existing lights on the larger building is incorrect and not acceptable. He also noted that a front yard variance for parking was granted for the site.
Mr. Hogan told the Board that the relocation of the addition creates better use of the existing space at the renovated site by eliminating a portion of the parking area in the front and relocating it to the rear of the site; a nicer appearance is created. He also told the members that the site will offer medical office space and be affiliated with the Mercy Ambulatory Center (MAC) and Mercy Hospital; it is hoped that the site will relieve the congestion that exists in the “walk-in” emergency room at the “MAC” Center.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board APPROVE the revised plan received on 6/13/07 for 3050 Orchard Park Road, proposing the relocation of Building “B”, and issue a Building Permit for a 4,716-sq. ft. building, based on the following conditions and stipulations:
1. This is an Unlisted SEQR Action and a negative declaration was determined on 11/08/06 based on the submitted full EAF.
2. A landscape completion bond, in accordance with the Conservation Board minutes in the amount of $19,610.00 shall be provided for the approved landscape plan, which includes 10% interior green space.
3. Town Engineering Approval has been granted on 6/13/07.
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.
ON THE QUESTION:
Mr. Murray, noting that this is the first he has heard that the site will be used for an emergency facility (MAC Center). He questioned if the number of parking spaces proposed is sufficient and Mr. Hogan told the Board that the number of proposed parking spaces will be in compliance with the Orchard Park Town Code.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #14-07, Quaker Crossing East – Out Parcel, bordered by Amelia Drive, Amanda Lane, North Benzing and Milestrip Road, Zoned B-1. Requesting Planning Board review and approval of a revised site plan for an 11,440 Sq. ft. retail building.
APPEARANCE: Mr. Gerry Buchheit, developer/owner
Mr. Patrick Mahoney, Lauer Manguso
Mr. Buchheit explained that the original approved plan had been based on constructing an approximately 3,000 to 4,000-sq. ft. bank with a drive-thru; however, the plan has been revised to construct an 11,440 sq. ft. retail building. Junior Engineer Thomas Ostrander noted that the proposed 11,440-sq. ft. building fits within the footprint of the former plan.
Mr. Bernard discussed the build out of the out parcel area, noting that the original approval had been for an approximately 130,000-sq. ft. plaza. Mr. Buchheit told the Board that the site was revised to accommodate potential tenants; currently he has constructed two buildings upon the site and he confirmed that he will appear before the Board for any additional buildings to be constructed.
Mr. Murray discussed pedestrian accessibility at the site; he asked Mr. Buchheit to address pedestrian traffic and how it will be managed at the site if an individual desires to proceed from the corner of Quaker Crossing East to cross the street to the other portions of the Quaker Crossing plaza. Mr. Buchheit told the Board that this is not his responsibility; however, he has a crosswalk plan to be implemented to cross to Building “B”.
Mr. Murray indicated on the site plan where an individual might venture to walk and Mr. Buchheit told the Board that he does not believe someone would tend to cross over the grass area and power lines. He further noted that the highways located here are Town highways and that it is the responsibility of the Town if sidewalks are desired. Mr. Buchheit concluded that he feels individuals will drive their vehicle at the site and park at their destination; he does not feel that
typically someone would walk approximately ˝ mile to access the other portions of the Quaker Crossing plaza.
Mr. Murray also discussed the short SEQR form that was submitted on 6/13/07 (today); he feels that the opportunity to discuss pedestrian accessibility and traffic is lessened; he questions the submittal of the short form, noting that it was not completed. Planning Coordinator Remy Orffeo explained to Mr. Murray that the SEQR form is never completed until after the Board makes their determination on the SEQR. Mr. Orffeo noted that there is an overriding SEQR for the entire Quaker Crossing parcel; he felt that the short form is sufficient for the review of the out parcel and that it provides enough information for the Board to make their decision. Mr. Mahoney told the Board that an updated SEQR was submitted specifically for this out parcel; however, it could not be found in the file.
Mr. Bernard established that stop signs have been placed on Amelia Drive and that pedestrian crosswalks presently exist here. He discussed a discrepancy on the plan submitted as it indicates the height of dumpster screening to be 8-feet and not 6-feet. Mr. Mahoney noted that he will correct the plan to indicate that the dumpster screening is to be 8-feet high. In addition Mr. Bernard discussed the submitted lighting plan with Mr. Mahoney and he verified that there will be no additional lighting at the back or on the sides of the building; only ornamental lighting shown on the plan will be used.
Mr. Fabinsky confirmed that the buildings will match the existing architecture.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak to recommend that the Town Board APPROVE the revised plan received on 6/8/07 for Quaker Crossing East – Out Parcel, proposing a retail building and issue a Building Permit for an 11,440-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 submitted short EAF.
2. A landscape completion bond, in accordance with the Conservation Board minutes in the amount of $116,989.00 shall be provided for the approved landscape plan, which includes 18.9% green space for the total plaza area.
3. Town Engineering Approval has been granted on 6/12/07.
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.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE MOTION BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST, THE MOTION
IS PASSED.
5. P.B. File #58-06, Delta Sonic Car Wash, 3205-3225 Orchard Park Road, Zoned B-2. Requesting a Building Permit and Site Plan Approval for the proposed expansion of the existing site combined with the former Mobil Station. Zoning Board of Appeals granted a variance on 2/20/07 to allow front yard parking. Town Board referred to Planning Board on 11/15/06.
APPEARANCE: Mr. Jim Fittante, Project Manager
Mr. Michael Green, Vice President Construction
Mr. Chris Wood, Carmina & Wood
The applicants explained the proposed project to the Board members noting that they would like to improve and expand the existing Delta Sonic site by combining it with the former Mobil Oil station located at the “five-corners”. They noted the following:
• They propose to construct a 3,900-sq. ft. convenient store and a 3,180-sq. ft. detail shop.
• Presently, the two sites combined, have 8 access points; the presented plan reduces access into the site to two. Mr. Fittante stated that he believes there will be less confusion at the site.
• The current stacking plan accommodates 13-vehicles; the presented plan increases stacking for approximately 23-vehicles.
• The fueling pumps will be relocated on the site; there will be 8-dispensers for fuel, with a total of 16-fueling stations.
• The applicants are seeking relief from the parking requirement, which is 38- parking spaces; they would like to have this reduced to 35-parking spaces. It was noted that a variance was obtained for front yard parking and that off-site parking is available through the use of the adjacent church’s parking lot. Conservation Board approval was granted for the landscaping plan; wherein a portion of the black top area will be converted to green space area; this involves the elimination of three parking spaces. Mr. Orffeo explained that the Conservation Board feels this trade-off will be better for the Town. The Conservation Board’s intent was to “dressing-up” and improve the visual appeal of this corner. The Planning Board members concluded that a plan must be submitted indicating where the three (3) additional parking spaces will be located if the Board deems they are needed in the future.
• The Board discussed the elevations and it was learned that the applicants met with Town Board member Nan Ackerman and Planning Coordinator Remy Orffeo with regards to the proposed façade. Mr. Bernard discussed the proposed canopy, noting that it disappoints him; he would have liked a better rendering submitted. Mr. Orffeo discussed the meeting that took place with
the applicants and he told the Board that the requested modifications to the plan, including cornices, were incorporated into the façade. To coordinate the look with the McDonald’s across the street, emphasis was made on using brick. Mr. Bernard further commented on the lighting for the site noting that the plan is out of proportion and high; lighting outside the canopies must be lowered. He would like the applicant to re-submit the lighting plan based on his comments.
• The Board discussed a letter dated 4/26/07 from the Department of Transportation. The applicants stated that they will work with the DOT and erect signage to comply with their comments to manage traffic at the site.
• The plan indicates the height of the dumpster screening at 6-feet; this must be corrected to 8-feet.
Mr. Bodden made a MOTION, seconded by Mr. Bernard that the Town Board authorize a Building Permit for the proposed expansion of the existing Delta Sonic site, combining the former Mobil Oil Station site, to construct a 3,180-sq. ft. Detail Shop and 3,900-sq. ft. Convenient Store, and APPROVE the Site Plan received 4/26/07, 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. No outside storage or display is permitted.
3. Dumpster screening must be 8-ft. high, in accordance with Section 144-25 of the Town Code.
4. Town Engineering Approval was granted on 6/12/07.
5. A landscape completion bond, in accordance with the Conservation Board minutes, in the amount of $23,000 shall be provided for the landscape plan received 1/18/07 which includes 15% total green space, prior to the receipt of a Building Permit.
6. The Zoning Board of Appeals granted a variance to allow front yard parking on 2/20/07.
7. No Building Permit shall be issued until a lighting plan approved by the designated Planning Board member, Mr. John Bernard, is found to be acceptable.
8. The Board grants relief, per Section 144-29, with regards to the proposed 35-parking spaces in lieu of the 38 required; it is noted that in the site could add three (3) parking spaces if in the future it is deemed necessary by the Town. The additional 3-parking spaces are placed (converted) into the landscape area to provide additional green space.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE MOTION BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
The Board discussed the proposed signage plan and concluded that the applicant is to work with the DOT based on their letter of 4/26/07.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to recommend that the Town Board GRANT approval of the submitted signage plan received 3/26/07 and the following conditions shall apply:
1. This is a Type II SEQR action and, therefore, no determination of significance is required.
2. Two non-advertisement or logo signs are approved and permitted by Section 144-38H.
3. Four (4) Enter/Exit signs 2’ x 3’, totaling 24-sq. ft., which are internally illuminated;
4. Five (5) Direction signs, 2’ x 4’, totaling 40-sq. ft., non-illuminated.
5. The signs will be located per the approved location plan dated 3/27/07.
6. A permit fee shall be paid in accordance with Section 144-70A(1).
7. A “no left-turn” sign shall be erected to prevent traffic on Southwestern Boulevard from east bound egress/ingress into the site during the hours of 6 to 9 AM and 3 to 7 PM, unless the DOT withdraws this requirement noted in their correspondence dated 4/26/07.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE MOTION BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
6. P.B. File #30-07, Ricotta’s Pizza, Pasta, Subs & More, (RIX Country Store), 3545 North Buffalo Road, Zoned B-3. Zoning Board of Appeals granted variance request on 5/16/06; Planning Board to review the existing outdoor seating as stipulated by that Board.
APPEARANCE: Mr. John Ricotta, owner
Mr. Ricotta presented a seating plan indicating that he would like to continue to have ten outdoor tables with seating for approximately six customers per table. It was established that parking is not a problem at the site as parking is available in the adjacent neighbor’s parking lot. The Building Inspector confirmed that the outdoor seating has been in use and that he has not found any problems existing with the site; it is kept clean with no litter and he has not seen sixty customers at one time using the outdoor seating.
Mr. Ricotta asked the Board to grant the review for his outdoor seating to take place every two-years, rather than yearly, provided that he remains the owner of the property.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden to GRANT a renewal of the outdoor seating for 10-tables, 7 ft. long x 3 ft. wide to accommodate approximately sixty (60) persons from the period of 5/1/07 to 10/1/08.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Planning Coordinator told Mr. Ricotta that he will be notified in 2008 with a date regarding the Board’s review of his outdoor seating.
7. P.B. File #68-06, Young Development/Hilltowne Park Phase II Subdivision, +/- 15.4 acres vacant land east side of Murphy Road, Zoned R-2. Requesting Pre-Application Findings review of an 11-lot Subdivision. Tabled by the Board at the 5/9/07 meeting pending the receipt of additional information.
APPEARANCE: Mr. Bryan Young, Developer
During a prior concept review meeting, Mr. Young was asked to provide an aerial overlay; he presented this to the Board and the following was discussed:
• In regards to the wetlands located within lot #6; the Board questioned if homes constructed here, and in the bordering lots, will be able to comply with the Town’s setback ordinance.
• Mr. Fabinsky established that the closest property to Route 219 is 366-feet away.
• Mr. Bernard noted that there is no information regarding trails on the plan; however, Mr. Bodden noted that the trails committee expressed wanting an access into the site for a potential future trail.
• Mr. Fabinsky discussed constructing a berm to provide privacy for the residents of the subdivision and aid in diminishing vehicle lights from Route 219. Mr. Young noted that drainage would be affected by a berm and he discussed planting additional trees.
Chairman McNamara made a MOTION, seconded by Mr. Bernard that the following Preapplication Findings are made based on the submitted sketch plan received 3/20/07 and the applicant has detailed:
• The total acreage is 15.4 +/- acres.
• The desired zoning classification is R-2.
• The number of possible stages of completion is 1.
• The applicant’s position with respect to title is owner.
1. The zoning will remain as is.
2. Access to surrounding properties through Hilltowne Drive to Murphy Road.
3. Recreation Fees will be provided based on the recommendation of the Town Conservation Board, in accordance with Section 144-70E of the Town Code and shall be paid prior to the Final Plat Plan Public Hearing.
4. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
5. Public Hearing fees shall be paid prior to the Preliminary Plat Plan Public Hearing.
6. One (1) Street Tree per the Conservation Board’s Street Tree Plan shall be provided on each lot per Section 121-77 of the Town Code.
7. The applicant shall complete and submit the Full EAF, Part 1 for this Unlisted, SEQR action. The Planning Board will seek Lead Agency status with a coordinated review.
8. Wetlands shall be addressed in the SEQR, Parts I, II, III.
ON THE QUESTION:
Mr. Bernard discussed taking fees versus land and having trees placed in the back lots for screening.
Junior Engineer Thomas Ostrander noted that land is needed for detention.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File #10-07, Bryan Young Orchard Grove Apartments, vacant land, California Road, Zoned R-4, SBL#161.18-1-3. Applicant to discuss revised proposal to construct a 112-unit apartment complex with a recreation house and swimming pool.
APPEARANCE: Mr. Bryan Young, Developer
Mr. Linc Swedrock, BME Associates
Mr. Swedrock presented and explained a revised plan based on the Boards’ comments from a prior concept review. The project has been reduced to 14 buildings with a total of 112-units to be constructed upon 18.8 acres of vacant land. The Board discussed the proposed request and the following was established:
• The property could be developed with approximately 56-single family homes.
• Junior Engineer Thomas Ostrander discussed the preference of not having a private road connect to a public road. He also commented on obtaining easements for sewer accessibility.
• The members would like the Public Safety Committee to review the project with regards to having one access into the site; they expressed their concerns regarding safety. The design of the project was discussed.
• The Chairman requested that the applicant contact the neighbors regarding the project. Mr. Frantsits, a resident of the area who was present, requested to speak, however, the Chairman told him that comments regarding the project must be made at the time of the public hearing.
• The materials used for the façade were discussed. Mr. Young noted that the buildings will be similar to the “Hammocks” located on Orchard Park Road near the Top’s Plaza.