Minutes of the NOVEMBER 14, 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
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: Eugene Majchrzak
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 October 10 and October 24, 2007 Planning Board meetings were unanimously waived as each Board Member had previously received copies.
Mr. Bernard made a motion, seconded by Mr. Bodden, to accept the minutes of the October 10 and October 24, 2007 meetings as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 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.
This item was removed from the agenda.
2. 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 made on 7/8/98 and 3/10/99. Requesting Planning Board determination on the submitted FEIS, including the Traffic Study. Tabled by the Planning Board at the Special Meeting held 10/24/07.
APPEARANCE: Mr. Rob Pidanick, GPI
Mr. Andrew Leja, Attorney - Hiscock & Barclay
Mr. Ostrander stated that the Engineering Department received the traffic study on September 25, 2007. He told the Board that after review the study the Engineering Department finds it to be a complete package and acceptable.
Mr. Murray asked the applicants to clarify their use of the term “pathways” in the document with regards to the public health hazard sections. Which of the three pathways definitions were they referring to; complete, potential or limited? Mr. Leja stated that he was not sure and could not answer this.
Mr. Bernard asked the applicants to discuss a comment in the document regarding “restricted use” because of a metal levels found at the site. Mr. Pidanick told the Board that the site has been found to be fine for residential use and that the Town’s consultant, Hatch-Energy concurs.
Mr. Fabinsky stated that he initially had questions and concerns about issues relating to minerals in the soil; he found this document to be one the most complete and exhausting studies of any project he has seen come before the Planning Board. He feels that credit goes to everyone involved, with working together and exchanging information; also, special credit should go to Mr. Larry Zamojski of Hatch-Energy. Mr. Zamojski provided information indicating that the environmental risks associated with this site are a minute fraction of the risk of driving your vehicle anywhere. Mr. Fabinsky feels that because of the nature of many things that have happened in Western New York it is good to have this kind of assurance.
Planning Coordinator Orffeo stated that the Board will issue their findings within ten to thirty days. If a Board member or individual has questions or a submission regarding this project they may contact Mr. Orffeo or Mr. Fabinsky, who has been designated as the Board’s contact person. Mr. Orffeo further stated that the FEIS will be available at the Orchard Park Library and in the Planning Office for public review. The Board discussed the difficulty in reviewing a document this large; it was determined that there was not another way to improve accessing information contained in the document. Mr. Orffeo told the members that the thirty-day period will end two days past the next Planning Board meeting.
Mr. Bodden made a MOTION, seconded by Ms. Bowers, that the Final Environmental Impact Statement (FEIS) submitted by Knoche Farms Estates be ACCEPTED. This FEIS has been recommended as complete by the Board’s consultant, Hatch-Energy. The Planning Coordinator is directed to file a Notice of Completion as required by the SEQR regulations.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD NAY
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY NAY
THE MOTION BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
3. P.B. File #56-07, I-HOP (former Kelsey’s Restaurant) located in the Quaker Crossing East Plaza site, bordered on the south by Milestrip Road and on the east by Amelia Drive, Zoned B-1. Requesting Planning Board review and approval of proposed signage.
APPEARANCE: Mr. Patrick Mahoney, Lauer Manguso Architects
Ms. Melissa Merkwa, Lauer Manguso Architects
Ms. Merkwa told the Board that I-HOP would like to have two-parking spaces designated for “take-out” orders. The parking spaces would be located at the front of the building. The Board members reviewed and discussed the proposed plan.
Mr. Bernard verified with Building Inspector Andrew Geist that the number of handicapped parking spaces is not compromised as the requirement is met. He also noted that the plan did not specifically establish the over all height of the sign and he discussed this with the applicants.
Mr. Murray discussed the applicant’s request and stated that he feels that the description best describing the parking area is “short-term” parking.
Mr. Bernard made a MOTION, seconded by Ms. Bowers, to GRANT approval of two signs identifying “short-term” parking along the south side of the building along Milestrip Road, based on the submitted plan received 11/5/07. The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. Two (2) short-term parking signs are approved and permitted by Section 144-38 of the Town Code.
3. The signs measure 16-1/2 inches high by 14 inches wide with a maximum overall height of 6 ft. 4-1/2”.
4. The short-term parking signs will not be illuminated.
5. The signs will be located per the approved location plan dated 3/19/07.
6. A permit fee shall be paid in accordance with Section 144-70A(1) of the Town Code.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #17-06, Fox Run, south side of Route 20A, east side of California Road, Zoned B-2. Requesting Planning Board review and approval of proposed signage.
Mr. Bodden recused himself from voting in this case due to a prior business relationship with Fox Run.
APPEARANCE: Mr. William Essick
Mr. Michael Maloney
Mr. Ray Stapell, Attorney
Mr. Maloney explained the proposed signage plan to the Board members.
The members reviewed and discussed the signage plan at length.
Mr. Bernard established that the monument sign will have a light shining upon it for illumination. He also discussed the dimensions of the proposed signage expressing concerns he had regarding the height of the directory sign, as it will be mounted on 12-foot poles. He also noted his concerns for the space that would remain from the ground and the bottom of the sign. He told the applicants that he feels the directory signage appears to be extremely high (12-foot). The plans were reviewed further and it was determined that a portion of the 12-foot poles will be buried below grade, such that the top of the sign will be 80-inches above grade. Mr. Maloney told the Board that the directory sign will be located in a knoll area and that the bottom of the sign will be visible from a car.
Mr. Maloney told the members that two (2) directional signs have been removed from the plan; “Fox Court” and “Falcon Court”.
Mr. Fabinsky confirmed with Building Inspector Geist that the proposed signage plan is comprised of standard size signs.
Ms. Bowers established that landscaping will be implemented per the approved landscaping plan.
Building Inspector Andrew Geist noted that a previous signage plan was present in the file; however, there was no written record that this plan had been reviewed or approved by the Planning Board.
Mr. Fabinsky made a MOTION, seconded by Chairman McNamara, to GRANT approval of approval of a sign package received on 11/1/07 that includes the following:
One (1) directory sign - multiple panel, on a 48” x 80” back panel
Four (4) identification signs, 42” x 40”
Five (5) directional signs, 36” x 25”
The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. These signs are permitted by Section 144-38H of the Town Code.
3. The signs which this Board is voting on will not be illuminated.
4. The signs will be located per the approved location plan “C-4” revised 10/31/07.
5. A permit fee shall be paid in accordance with Section 144-70A(1).
6. Identification and Directional signs overall height shall not exceed 5-feet.
ON THE QUESTION:
Mr. Bernard requests that the motion include a maximum height for the identification and directional signs as the plans did not clarify this for all the signage; he recommends a maximum overall sign height of 5-ft. Mr. Fabinsky agreed to this amendment of his motion.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P.B. File #29-95, Pine View Gorge, 5899 Scherff Road, proposed 5-lot subdivision, Zoned R-1. Preliminary Approval granted on 2/16/2000. Authorize Chairman to schedule Final Public Hearing.
APPEARANCE: Mr. Rob Pidanick, GPI
The Planning Coordinator noted that Pre-Application Findings were made by the Planning Board on 4/12/06.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden to AUTHORIZE the Chairman to schedule a Public Hearing date for Final Plat Plan Approval for this 13-lot subdivision when he deems appropriate.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. P.B. File #48-07, proposed Barrington Heights Subdivision Part 2, 21.4 +/- acres vacant located west of the existing Barrington Heights Subdivision, Zoned R-1. Requesting Pre-application Findings Review of a 6-lot subdivision.
APPEARANCE: Mr. Elliott Lasky, Developer
Mr. Rob Pidanick, GPI
Mr. Pidanick told the Board that the original concept plan reviewed by the
Board had proposed an eleven-lot subdivision; however, due to engineering
problems with this site the applicants have reduced the number of lots to six
based on input from Town Engineer Wayne Bieler. A detention basin will be
created and on-site filling will take place. The Conservation Board recommends
that the Town accept a land donation for recreational use. Mr. Pidanick told
the Board that the Conservation Board and Trails Committee have expressed
creating connectivity from this site to the proposed Holly Ridge and Forest Creek subdivisions.
The Planning Coordinator stated that a letter from Trails Chairman Anne
Bergantz had been received regarding this proposal. Mr. Lasky read this
correspondence and told the Board that he does not have a problem with the
Trails Committee letter. The Board discussed the applicant’s proposal,
noting that the Conservation Board, Trails Committee and Town Engineer desire
to have connectivity of this site to the proposed Forest Creek and Holly Ridge subdivisions. Planning Coordinator Orffeo stated that the petitioner has agreed
to provide an aerial map showing the overall connectivity of the three proposed
subdivisions. He also questions if the approved SEQR of 6/1/01 will need to be
amended for the sewer part of the project. Attorney Michael Wolf told the
Board that the submittal of a short EAF will be sufficient.
Mr. Fabinsky and Ms. Bowers discussed a situation involving the development of
the Pleasant Acres “four-lot subdivision” with Mr. Lasky. Ms. Bowers reported
that work occurred on this past Sunday with truck tailgate banging; this is a
violation of what was agreed upon between the applicant and the Board. The
Board discussed this violation and Mr. Fabinsky noted that the Board could set
strong conditions to assure that this will not occur with future subdivisions.
The Chairman concluded the discussion by stating that Mr. Lasky is ultimately
responsible for what is agreed upon with the Planning Board.
Mr. Murray inquired if there were any issues with the soil or water at the site and asked if the soil would be removed from the site. Mr. Lasky noted the dumping area that had been discovered during the development of phase one of Barrington Heights was cleaned and resolved. He concluded by noting that the presumption is that there is no difference in soil content at this site and he told the members that soil testing will be performed.
Mr. Bernard asked the applicant to submit an aerial site plan showing the
location of the recreation land in relation to the other proposed subdivisions.
He would also like the plan to show clearing and excavation limits, and
the location of the filling that will take place at the site. Mr. Pidanick
stated that he did not believe that could be shown at this time. Mr.
Bernard asked for aerial plans to be submitted as soon as practical. Mr.
Lasky told the Board that the Forest Creek subdivision has a different
ownership; however, it is Mr. Lasky’s intention to have the land donation to
the Town exceed the requirement and be an enhancement to the trail system. He
told the Board that the design is presently being developed.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky that the following Preapplication Findings are made based on the submitted sketch plan received 10/09/07 and the applicant has detailed:
· The total acreage is 21.4 +/-.
· The desired zoning classification is R-2.
· The number of possible stages of completion is one.
· The applicant's position with respect to title is owner.
1. The zoning will remain as is.
2. Access to surrounding properties has been addressed by the existing Barrington Heights Part I.
3. Recreation area per Section 25-4 of the Town Code is required, and will be deeded 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. 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.
6. The EAF, Parts 1, 2, & 3 have been previously approved with a negative declaration on 6/13/01.
7. The petitioners will work with the Trails Committee to provide a way for Forest Creek, Holly Ridge and Barrington Heights to safety walk from one development to another, which will greatly enhance the availability of the neighborhoods.
8. The short EAF is to be completed by the applicant referencing the reduced number of lots.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
7. P.B. File #51-07, Cranberry Hollow, 3907 North Buffalo Road, Zoned B-3. Applicant is requesting a Change-In-Use from office space to retail store. Original Change In Use granted by Town Board on 4/15/87 to convert existing barn to office space. Town Board referred to Planning Board on 10/17/07.
APPEARANCE: Mr. Jack Bertsch, property owner
Mr. Bertsch told the Board that the building is currently zoned for office use; however, he would like to have the first floor area used for retail sales.
Building Inspector Andrew Geist told the members that, although, no parking plan has been submitted; it appears that the parking spaces are adequate for the site. Mr. Fabinsky discussed signage used at the site and he established that a portable sign is presently used at the site. It was noted that the building sits back on the property and has little visibility. The Chairman told Mr. Bertsch that he will need to apply for a sign permit with the Building Inspector.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard to recommend that the Town Board APPROVE the requested Change in Use for the first floor area at 3907 North Buffalo Road from office space to a retail store based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. Any and all signage must be conforming to the Town Code.
3. The Change In Use is for the first floor area.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
8. P.B. File #52-07, Aquatic Sciences, 40 Centre Drive, Quaker Centre Business Park Zoned I-1. Applicant is requesting a Change-In-Use to be allowed to install and operate a test tank inside the current storage/warehouse area for the development of remote operated vehicles for use in inspecting submerged conduits and pipelines. Town Board referred to Planning Board on 11/7/07.
APPEARANCE: Mr. Mark Johnson, applicant
Mr. Johnson presented and explained plans for the proposed test tank. The Board members reviewed the request and established that there will be no effect to the outside of the building. Eight-foot walls will provide safety. The concrete flooring will be cut, excavated and hauled away.
Mr. Bodden made a MOTION, seconded by Mr. Bernard to recommend that the Town Board APPROVE the requested Change in Use at 40 Centre Drive, Quaker Centre Business Park to allow the installation and operation of a test tank in the current storage/warehouse area for the development of remote operated vehicles for use in inspecting submerged conduits and pipelines based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. The size of the test tank will be a maximum of 20’ x 40’.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
9. P.B. File #55-07, Thomas Johnson, for Windy Hill Farms Subdivision (Map Cover 3084) Wildwood Lane at Cole Road, Zoned A-1. Applicant requests Planning Board approval for a permanent subdivision sign per Section 144-37C. Note: This sign is to be mounted on an entrance way gate wall. The proposed entrance way gate walls will be reviewed by the Zoning Board of Appeals on 12/18/07.
APPEARANCE: Mr. Thomas Johnson, applicant
Mr. Johnson presented and explained a plan for the proposed entranceway.
The Planning Coordinator told the Board that Mr. Johnson is scheduled to appear before the Zoning Board of Appeals on 12/18/07 to request a variance regarding the proposed gateway/signage.
The Board members questions established that the there will be one, non-illuminated sign.
Chairman McNamara made a MOTION, seconded by Mr. Fabinsky to GRANT approval of one (1) identification sign located at Wildwood Lane at Cole Road based on the submitted plans received 10/31/07.
The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. One (1) identification sign is approved and permitted by Section 144-37C of the Town Code.
3. The sign measures 18-inches high by 32-inches wide with a maximum overall height of six-feet.
4. The identification sign will not be illuminated.
5. The sign will be located per the approved location plan dated 10/30/07.
6. A permit fee shall be paid in accordance with Section 144-70A(1).
7. The Zoning Board of Appeals will review a request for a variance regarding the proposed entrance way gate walls on 12/18/07.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
10. P.B. File #09-06, The Hills, proposed subdivision, accessed off a portion of Arrowood Lane within Part 6 of Chestnut Ridge Village, Zoned R-2. Pre-Application Findings made on 4/12/06. Chairman to schedule Public Hearing for Preliminary Approval of a 13-lot Subdivision.
APPEARANCE: Ms. Patricia Bittar, Wm. Schutt & Associates
Ms. Bittar gave a brief summary of the project to update the Board. She noted that she had met with Town Engineer Wayne Bieler and Principal Engineer Assistant David Yates today to address further concerns. Junior Engineer Thomas Ostrander told the Board that the project should have approval in December 2007.
The Planning Coordinator stated that no negative comments had been received with regards to the SEQR notification that had been sent out.
Ms. Bowers, made a MOTION, seconded by Mr. Fabinsky, to AUTHORIZE the Chairman to schedule a Public Hearing for Preliminary Approval of this proposed 13-lot subdivision when he deems appropriate.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File #12-07, Courtyard at Birdsong, CMO project proposed for vacant land north side of Jewett-Holmwood Road and east side of Freeman Road, Zoned R-1.
APPEARANCE: Mr. Dominick Piestrak, developer
Mr. Piestrak told the Board that he has addressed the Board’s concerns previously expressed at a prior Planning Board meeting.
The Board discussed the project verifying that previously expressed concerns had been addressed. The Board, also, discussed a letter received from Mr. Peter Murray expressing his concerns regarding the proposed project. Mr. Peter Murray indicates that unstable soil exists at a nearby home. Mr. Piestrak told the Board that soil testing is being performed to be sure there is no problem at the site. He told the members that the drainage of the Alleghany Plateau creates water problems and unstable soil for the home that Mr. Peter Murray has referenced in his letter; the home is located on Jewett-Holmwood Road.
The Planning Coordinator was directed to contact Town Attorney Leonard Berkowitz and have him issue a letter indicating that the project meets the requirements of the CMO.
2. P.B. File #7-07, proposed Broxton-Heath Subdivision, 28.7 +/- acres of vacant land, south side of Powers Road, east of Candy Lane, Zoned R-2. Submission of revised plan.
APPEARANCE: Ms. Patricia Bittar, Wm. Schutt & Associates
Ms. Bittar presented a revised plan and updated the Board on the project. She told the members that the Conservation Board indicated that they desire a minimum four-acre land donation for park land; the Town Board concurs with this requirement. She told the Board that the owner has indicated that he has been in contact with all of the adjacent property owners. The Planning Coordinator noted that neighbors have reported that they were not contacted and that they have concerns regarding the proposal.
Planning Coordinator Orffeo asked Ms. Bittar to discuss a stub street now shown on the plan, rather than a cul-de-sac. Ms. Bittar noted that there is an adjacent vacant land parcel with future possible development.
3. P.B. File #08-07, proposed Southwest Transit & Michael Road Subdivision, Vacant Land located at the southwest intersection of Transit and Michael Roads, 13+/- acres, Zoned R-2. Submission of revised plan for a 10-lot subdivision.
APPEARANCE: Ms. Patricia Bittar, Wm. Schutt & Associates
Ms. Bittar presented and explained a revised plan to the members. She noted that the Conservation Board expressed concerns regarding the number of driveways that were proposed along Transit Road; however the NYS DOT stated that they had no concerns with the proposal. She told the Board that the Conservation Board indicated that they desire a minimum four-acre land donation for park land; the town Board concurs with this requirement.
Mr. Murray established that the property had been split twice already.
Planning Coordinator Orffeo read a portion of an Engineering comment letter dated 11/07/07 to the members regarding this project. He stated that the applicant needs to come to a conclusion with the Engineering department before pre-application findings can be made.
Mr. Bernard noted that he is not comfortable with the four-acre land donation being located at the rear of the property due to the lack of privacy that will be created for the property owners. Ms. Bittar noted that the proposed design took into consideration the existing tree line. Mr. Bernard told Ms. Bittar that he would like the applicant to submit an alternative plan for the proposed subdivision.
The property owner, Mr. Kluczynski, was present and he expressed his opinion regarding the request for the recreation land to be donated to the Town; he does not feel it will be used.
Mr. Fabinsky discussed and explained the fact that the Planning Board plans to meet the future possibilities of an area. He also noted that properties in Orchard Park are sought by buyers because of the value they maintain.
There being no further business, the Chairman adjourned the meeting at 9:22 P.M.
DATED: November 30, 2007 Respectfully Submitted,
REVIEWED: December 03, 2007 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman