Minutes of the OCTOBER 11, 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
Harold Fabinsky
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: John Bernard
Kim Bowers
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 September 12, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Fabinsky, to accept the minutes of the August 8, 2007 meeting as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK ABSTAINED
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #33-98, Knoche Farms 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.
APPEARANCE: Mr. Rob Pidanick, GPI
Mr. Charles Martorana, Attorney - Hiscock & Barclay
Mr. Mark Tuffillaro, applicant
Chairman McNamara stated that the FEIS is close to completion; however, several important items remain that must be included in the final document. He told the applicants that it is the consensus of the Board that the document be complete, with several days available for the members to review it. He concluded that the Board will table their review and a special Planning Board meeting will be scheduled for October 24, 2007 at 7:00 P.M., at which time the Board will vote on the acceptance of the completed FEIS. The Chairman noted that he appreciates the work that went into the preparation of the document and he complimented the work of Board member Mr. Fabinsky, the Town’s consultant Hatch-Energy, and the applicant’s representative Greenman Pedersen, Inc.
Mr. Murray 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
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #38-07, Kentucky Greg’s Inc., 2911 Southwestern Blvd., Zoned B-2. Requesting a Change in Use; applicant would like to convert former deli into a casual barbeque restaurant. Tabled by the Planning Board at the 9/12/07 meeting pending additional information.
APPEARANCE: Mr. Greg Engelhardt, applicant
The Chairman noted that a the prior meeting there had been questions regarding the number of parking spaces and the seating (tables/chairs) proposed within the restaurant. It was established that Mr. Engelhardt met with Building Inspector Geist and submitted a sketch plan indicating the location of a dumpster and 23-parking spaces proposed at the site. Mr. Engelhardt told the Board that there will be approximately 6-8 employees and Building Inspector Geist told the Board that he is satisfied with the presented plan, noting that the plan complies with the Town Code.
Mr. Murray established that the presented plan does not reflect a request for outdoor seating.
Mr. Taneff established that, if needed, additional parking spaces may be located behind the building and that Mr. Engelhardt anticipates employing six (6) people.
Mr. Fabinsky made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board APPROVE the requested Change in Use at 2911 Southwestern Boulevard to convert a former deli into a casual barbeque restaurant based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. If the applicant desires outdoor seating, he must return to the Planning Board for review before proceeding.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #10-07, Bryan Young Orchard Grove Apartments, vacant land, California Road, Zoned R-4, SBL#161.18-1-3. Requesting Pre-application Findings Review of a Proposal to construct a 152-unit apartment complex.
APPEARANCE: Linc Swedrock, BME Associates
Bryan Young, Young Development
Mr. Swedrock told the Board that preliminary design plans for the proposed project are being prepared and that the Long EAF has been submitted to the Planning Office as requested.
The construction of the private roadway into the site was discussed by Board members Mr. Fabinsky and Mr. Bodden. Junior Engineer Thomas Ostrander told the Board that Town roadways are built for longevity; a private roadway is subject to being built per Town specifications and Mr. Young will be responsible for the upkeep and maintenance of the private roadway at his expense. Mr. Young compared this site to the existing Hammocks apartment site, which he developed and is responsible for. He also told the Board that he feels the private roadway will not be used to the extent a Town roadway would be. In addition, he does not feel it is necessary to have the private roadway’s standards exceed the Town specifications.
Mr. Fabinsky stated he would like the cumulative impact of traffic discussed in the SEQR document, relative to the growth of the area (i.e. Fox Run, Brush Mountain) relative to the intersection of Route 20A and California Road and California Road itself. He noted that there is a large amount of building in this area and the Board must look at this closely. Planning Coordinator Orffeo noted that he is working with the applicant in preparing the SEQR document.
Mr. Taneff told the applicants that he would like the SEQR to address the number of feet that will remain of the existing natural buffer area. Mr. Swedrock told the Board that this will be advised in the preliminary plans.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak that the following Pre-application Findings are made based on the submitted sketch plan received 9/4/07 and the applicant has detailed:
· The total acreage is 25.95 +/- acres.
· The desired zoning classification is R-4.
· The number of possible stages of completion is 1.
· The applicant's position with respect to title is property under contract.
1. The zoning will remain as is.
2. Access to surrounding properties is through California Road and Shadow Lane.
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. There shall be a minimum of one (1) tree planted per dwelling unit, per Section 144-46(5)(c).
6. The applicant shall complete and submit the Long EAF, Parts 1 and 2 for this Unlisted SEQR action.
7. The applicant shall submit written approval from NYSEG for proposed public “T” turn-around at the end of Shadow Lane on NYSEG property.
8. Direct the Planning Coordinator to seek lead agency status for the Planning Board.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak to AUTHORIZE the Chairman to set a PUBLIC HEARING when he deems APPROPRIATE.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #28-07, 3030 Orchard Park Road, located on the west side of Orchard Park Road, Zoned B-2. Planning Board to review a revised Site Plan involving a change in the square footage of a building.
APPEARANCE: Mr. Paul Hogan, Applicant
Dr. Carlos Santos, Applicant
Planning Coordinator Orffeo explained to the members that the Town Board had approved a Building Permit and the submitted Site Plan, as recommended by the Planning Board during their Planning Board meeting of 8/8/07. The applicants are appearing before the Board this evening requesting an increase in the square footage of the building. He told the Board members that Conservation Board Chairman Richard Schechter indicated to him that the Conservation Board does not need to revisit the revised plan, as there will be no impact on the green space area.
The Chairman established that this site is the former Schuele Paint/ABC Tool Rental property. Mr. Hogan told the Board that additional space is required for one of their tenants. The increase in space will be added at the rear of the building and the green space area will not be altered.
Mr. Murray asked the Planning Coordinator if there were any SEQRA changes and he told the Board that there is no change other than the square footage of the building.
The Chairman made a MOTION, seconded by Mr. Fabinsky, to AMEND the August 8, 2007 Planning Board recommendation to the Town Board as follows:
1. To increase the square footage from a 2,520-sq. ft. addition to a 3,844-sq. ft. addition, this is an increase of 1,324-sq. ft. All previous conditions and stipulations made apply.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
____________________________________________________________________________________
CONCEPT REVIEW:
1. P.B. File #46-07, Quaker Crossing East, Gerald Buchheit, out-parcel located at the northern corner of Amanda and North Benzing Roads, Zoned B-1. Proposal to construct an 8,000 sq. ft. furniture store.
APPEARANCE: Mr. Gerald Buchheit, Owner/Developer of Quaker Crossing
Mr. Robert Walsh, Attorney
Mr. Robert Blood, Lauer Manguso Architects
Mr. Buchheit presented and explained a revised plan to the members. He told the Board that the marketability of the building located here, as approved by the Board, has been limited due to visibility and parking issues. He is requesting that the approved site plan be amended, noting that the original plan was for a 6,000-sq. ft. building; the revised plan proposes to construct an 8,000-sq. ft. building with a reconfiguration of the parking spaces. In addition, there will be a pedestrian walkway into the plaza. Mr. Buchheit stated that he feels the proposed revisions will increase the overall attractiveness of the plaza. The members discussed the proposed revised plan. They noted that parking spaces for the entire plaza will need to be reviewed and the SEQR document. Junior Engineer Thomas Ostrander stated that a traffic analysis will be requested to be a part of this project’s engineering report.
In general, the Board found the proposal to be positive; accessibility within the site will increase with sidewalks and some areas will be covered.
OTHER BUSINESS:
1. Planning Board Resolution to Town Board regarding the Alternate Planning Board Member.
The Board determined that they will need to discuss this matter further during their November 7th work session.
There being no further business, the Chairman adjourned the meeting at 8:10 P.M.
DATED: October 11, 2007 Respectfully Submitted,
REVIEWED: October 16, 2007 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman