Minutes of the OCTOBER 24, 2007 Special Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County

MEMBERS PRESENT:       William McNamara, Chairman

                                      Paul Bodden

                                                          Kim Bowers

                                                          Harold Fabinsky

                                                          Eugene Majchrzak

                                                          Philip Murray

                                                          Nicholas Taneff, Alternate

EXCUSED:                      John Bernard

                                      Andrew Geist, Building Inspector       

                                      Rose Seivert, Recording Secretary

OTHERS PRESENT:          Remy C. Orffeo, Planning Coordinator

                             Thomas Ostrander, Junior Engineer

                                      Michael Wolf, Deputy Town Attorney

                                       Larry Zamojski, Hatch-Energy – the Town’s Consultant

     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, Ms. Bowers was appointed as the Recording Secretary for tonight’s special meeting.

UNFINISHED BUSINESS:

1.  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 10/10/07.

APPEARANCE:    Mr. Rob Pidanick, GPI

                                      Mr. Andrew Leja, Attorney - Hiscock & Barclay

                   Mr. Mark Tuffillaro, applicant

    Mr. Pidanick told the Board that full copies of the FEIS were submitted to the Town of Orchard Park; this was done via an electronic copy (e-mail) on October 20, 2007.  Additionally, hard copies were delivered to the Planning Office late in the afternoon on October 23, 2007.

    Mr. Zamojski, of Hatch-Energy, told the Board that modifications were made to the FEIS since the last Planning Board meeting and that upon reviewing the document yesterday, minor adjustments still need to be made to the document. He noted that he reviewed an electronic version of the document today that included the updates.  Mr. Zamojski now finds the document to be acceptable. Mr. Pidanick will insert hard copies of these updates into the bound copies provided to the members.

    Chairman McNamara established that the Town Engineering Department will need time to review the Traffic Study that was received today.

    Mr. Fabinsky noted he feels the changes that have been recommended are minor; he asked Mr. Zamojski if he feels with the changes made in the presented document are acceptable and if it is appropriate for this Board to issue the FEIS.  Mr. Zamojski told the Board that he feels it would be appropriate.

    Mr. Bodden and Mr. Fabinsky asked Junior Engineer Thomas Ostrander if the Engineering Department finds the Traffic Study acceptable.  Mr. Ostrander stated that he did not have the opportunity to review the revised document as it was received earlier today and the Engineering Department reviews items in the order of submission. Mr. Ostrander told the Board that he will want to re-read and review the document in its entirety to insure it was done correctly and it addresses the Engineering Department’s comments; this process will take approximately a half to a full day and he further explained that it may be possible for the review to take place this week.

    It was established that comment letters were received from the NYS DOT and Erie County DPW on the Traffic Study; these need to be included into the FEIS and Mr. Pidanick will be provided with a copy of these correspondences and attach them to the Traffic Study to make the study complete.

    Ms. Bowers established that the document that Hatch-Energy recommends the Planning Board to accept includes a Traffic Study without the acceptance letters from both NYS DOT and Erie County DPW to make it complete.

    Mr. Bodden concluded that he would not be comfortable having the Planning Board acceptance date of the FEIS prior to the Engineering Department’s acceptance date of the Traffic Study.

    Mr. Fabinsky noted that it appears that the primary concerns of the Board have been addressed; however, there are minor details existing with the FEIS that require resolution.  He asked Attorney Michael Wolf to indicate to the Board how to proceed. Attorney Michael Wolf told the Board that they must be comfortable with what has been submitted.

    Mr. Leja discussed his concerns regarding the delay in approving the traffic study.  Mr. Ostrander told the applicants that the Engineering Department had just received the document today at 10:00 AM.  He further explained that items received are reviewed in the order of submission.  Mr. Ostrander stated that the Traffic Study was received today at 10:00 AM; it is not the practice of the Engineering Department to “drop” everything that they are working on and review a submission upon demand. He further noted that at the present time, Mr. Pidanick has three or four separate projects under review in the Engineering Department.

    Mr. Fabinsky stated that the Engineering Department must be given the proper amount of time to review the re-submitted document.

    Mr. Murray noted that he reviewed what he thought was a “final document” and now he finds that the “final document” is not a final document; he was not pleased.

    The Chairman discussed his frustration in accommodating the applicant by holding a special meeting for the proposed project, only to find that the applicant was not ready for the Board to review a complete FEIS document. He stated that a deal was made with the applicant to allow them to submit a complete document within the week; this was not met. Chairman McNamara told the applicant that he wants one complete document, with all updates inserted into the binders and a Traffic Study available for Mr. Ostrander and the Board members’ review by the end of the week. He further noted that he and the Board are not trying to hold up the project’s review process; late submissions by the applicant have created delays.

SUMMARY:

    The applicant has not submitted a complete document (insertions must be made). The Town Engineering Department will review the Traffic Study in a timely manner, once they receive a complete document.

    Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, that upon receipt of information from the Engineering Department in a timely fashion that the Chairman be authorized by the Board to schedule a meeting in which to except the FEIS for this project.  

THE VOTE ON THE MOTION BEING:

MC NAMARA                    AYE

BODDEN                         AYE

BOWERS                         AYE

FABINSKY                       AYE

MAJCHRZAK                             AYE

MURRAY           AYE

THE MOTION WAS UNANIMOUSLY APPROVED.

There being no further business, the Chairman adjourned the meeting at 7:45 P.M.

    DATED:    November 7, 2007                                         Respectfully Submitted,

    REVIEWED:      November 9, 2007                              Rosemary M. Seivert

                                                                                                              Planning Board Secretary

William McNamara,

Planning Board Chairman