Minutes of the SEPTEMBER 12, 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
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 August 8, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Bodden 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
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS:
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. Town Board referred to Planning Board on 8/1/07.
APPEARANCE: Mr. Gregory Engelhardt, applicant
Mr. Engelhardt told the Board that he would like to convert this site into a casual barbeque restaurant with counter service.
The Board discussed the project and told the applicant that they feel positive about his proposal; however, they would like Mr. Engelhardt to provide a concept/layout plan that includes detailed information about the project (with particular emphasis regarding the parking lot layout and capacity as the current number of parking spaces are not adequate to accommodate the number of seats he plans for the restaurant). Building Inspector Andrew Geist will work with Mr. Engelhardt to address the issues raised by the Board.
Mr. Bernard made a MOTION, seconded by Mr. Fabinsky, to TABLE the review of this case, pending the receipt of a more detailed concept plan.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #28-06, McDonald’s, 3232 Orchard Park Road, Zoned B-2. Requesting Planning Board approval of proposed signage.
APPEARANCE: Mr. Randy Bebout, FRA Engineering
Mr. Bebout presented and explained the proposed signage plans for the McDonald’s site.
The Board discussed the proposal and determined that the number of signs being proposed could not be reduced as the signs related to the side by side drive-thru process.
Mr. Bernard discussed the proposed three (3) flag pole signs. Planning Coordinator Orffeo stated that he attended a meeting with Mr. Bebout, Scott Francis and Councilwoman Nan Ackerman where it was agreed upon that no corporate logo (McDonald’s) would appear on a flag flown at the site. Only the U.S. flag, New York State flag or Canadian flag may be flown.
The Chairman stated that he feels the proposed sign package is a win/win for the Town of Orchard Park.
Mr. Bernard made a MOTION, seconded by Ms. Bowers, to GRANT approval of a signage package received on 5/29/07 that includes the following:
Two (2) Directional “enter/exit” signs along Orchard Park Road;
Two (2) Directional “exit” signs with logo along the Lake Avenue entrance;
One (1) pole sign “welcome”;
Two (2) “have your money ready” signs;
One (1) “any lane, any time” sign;
Two (2) “order here” canopy signs;
Two (2) pole “menu boards”; and,
Three (3) “flag poles” flying a U.S., NY State and Canadian Flag; no corporate advertising is allowed.
In addition, the pole sign on Lake Avenue is to be removed.
The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. The signs are permitted by Section 144-38H of the Town Code.
3. The directional signs, menu board and canopy signs will be illuminated; all other signs are not illuminated.
4. The signs will be located per the approved location plan and dimensions as stated in the submission dated 5/29/07.
5. The Zoning Board of Appeals granted two sign variances at the May 15, 2007 meeting as follows:
1. A pedestal sign with 57-sq. ft. of sign area per side (total of 114-sq. ft.), and
2. Two (2) directional signs which include logos along Lake Avenue.
The granting of the variances included the following stipulations:
a. The pole sign on Lake Avenue is to be removed;
b. The sign in front of the McDonald’s known as a “read-a-board” is to be an interior illuminated, non-electronic sign; and
c. Brick used with the signage is to be in conformity with the façade agreed upon per the Town Board final approval.
6. A permit fee shall be paid in accordance with Section 144-70A(1).
7. Clarification of the read-a-board sign; it shall be interior illuminated with manually changeable letters.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #38-06, Marco’s Deli/Carmen Clark, 3043 Abbott Road, Zoned B-2. Requesting a Change-In-Use to convert a residential home located in a commercial zone into an Italian Deli. Zoning Board of Appeals granted an Area Variance on 4/17/07. Town Board referred to Planning Board on 6/7/06.
APPEARANCE: Carmen Clark, applicant and property owner
Carl Henry, Architect
Mr. Clark told the members that he would like to convert a residential single family home, which is presently not occupied, into a sub shop that would be similar to the existing “Subway” shops. There will be seating for 18-customers and the site will have 11-parking spaces. The members’ questions established that the site will be ADA compliant; dumpsters are not shown on the plan as they will not be needed and the applicant will return to the Planning Board for review if he desires outdoor seating. Junior Engineer Thomas Ostrander noted that the site has adequate room to add future parking spaces, if they are needed.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board APPROVE the requested Change in Use at 3043 Abbott Road from residential to business in order to operate an Italian Deli 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 Zoning Board of Appeals granted an area variance on 4/17/07 to construct a front deck and ramp which will reduce the existing front setback by 12-ft. The variance is conditional, based on the granting of a Change-In-
Use by the Town Board.
ON THE QUESTION:
Mr. Fabinsky would like the motion to indicate that if the applicant desires “outdoor seating” he is to return to the Planning Board for review. Mr. Bodden noted that he did not feel it would be necessary to include this in the motion as the Town Code mandates this. Planning Coordinator Remy Orffeo noted that this condition could be included in the “Building Permit” motion that will follow this action.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bodden made a MOTION, seconded by Ms. Bowers, to recommend that the Town Board AUTHORIZE a Building Permit for an existing 1,143 sq. ft. home converted to a Deli and APPROVE the Site Plan received 9/11/07 based on the following conditions and stipulations:
1. This is a Type II SEQR action based on the submitted Short EAF, and therefore no determination of significance is required.
2. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.
3. No outside storage or display is permitted.
4. If added in the future, dumpsters shall be screened, in accordance with Section 144-25 of the Town Code.
5. Town Engineering Approval was granted on 9/12/07.
6. A Landscape Completion Bond of $12,470.00 or a certified check in the amount of $6,235.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 60% total green space.
ON THE QUESTION:
Mr. Fabinsky requests that the motion include the condition that the applicant is to return to the Board for review if he desires to have “outdoor seating”. Mr. Bodden noted that he did not feel it is necessary to include this condition in his motion.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD NAY
BODDEN AYE
BOWERS AYE
FABINSKY NAY
MURRAY AYE
TANEFF AYE
THE MOTION BEING FIVE (5) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
4. P.B. File #15-07, “Pines of Murphy Road”, Bryan Young, Murphy Road, Zoned R-2. Requesting Planning Board recommendation to the Town Board on a rezoning request from R-2 to R-3 for the purpose of converting a sanctuary into a senior housing facility. Town Board referred to Planning Board on 4/4/07.
APPEARANCE: Paul Neureuter, President of Krog Corporation
Bryan Young, Applicant and property owner
Norbert Hausner, N.H. Architecture
Susan Ottenwellen, Housing Opportunities
Mr. Neureuter told the Board that he did not have any further information to present; a memo was submitted to the Board dated 8/8/07 addressing the various issues raised during the previous concept review meetings. In addition correspondences dated 8/27/07 and 9/4/07 were sent to the Planning Office that further addressed concerns that were expressed.
He told the Board that the memo of 8/8/07 covered information regarding the topics of; taxes and financing; location of detention basin; SR designation; traffic; impact on services; wetlands and the number of units. The 8/27/07 correspondence responded to Mr. Orffeo’s comments that were made in a letter to The Krog Corporation dated 8/7/07; and the correspondence dated 9/4/07 provided information from SRF with regards to the anticipated traffic impact from the proposed project. He told the Board that SRF reports that the proposed development will have no significant adverse impact to traffic operations along Murphy Road or the surrounding road network.
Mr. Murray asked Planning Coordinator Orffeo if all elements of the SEQRA were complete at this point in time. Mr. Orffeo noted that they were; however; three minor items were recently taken care of and he explained these.
Mr. Taneff established that the rental cost per month would be approximately $500.00; residents will be 60-years of age and older; and that there will be 100; one and two-bedroom units. He also established that independently, a unit could be used for rehabilitation purposes.
Mr. Fabinsky established that there are no Federal or State subsidies directed to the project.
Mr. Bodden established that the tax assessment will be normal as the property being taxed as a regular parcel.
Mr. Bernard discussed the SR designation in the Town Code book and verified the procedure to be taken by the Planning Board with regards to the rezoning request.
The Chairman stated that the proposal supports two (2) of the goals of the proposed Comprehensive Plan; use of an existing building and creation of affordable housing.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard, to recommend that the Town Board APPROVE the requested rezoning from R-2 to R-3 for the purpose of converting an existing sanctuary building into a Senior Housing facility and adding two (2) new living structures, as shown on the submitted plan, based upon 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. Acreage fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans received on
7/10/07 and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
4. The Planning Board recommends to the Town Board that upon a successful R-3 rezoning, the S-R designation per Section 144-46.1 of the Town Code shall be assigned to this parcel.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
TANEFF 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. Proposal to construct a 152-unit apartment complex.
APPEARANCE: Bryan Young, Applicant and property owner
Robert Cantwell, BME
David Riedman, Riedman Development
Mr. Cantwell presented and explained a revised plan based on the previous comments of the Planning Board members. The plan indicates that a dedicated road will be established through the site, terminating into Shadow Lane with a crash gate put in for use by emergency vehicles only and a turn-around area. An easement will be sought from Niagara Mohawk to use their parcel to establish this. Mr. Cantwell told the Board that the other roads within the site will be privately owned and maintained by the owner of the site.
Junior Engineer Thomas Ostrander told the Board that a dedicated permanent T-type turn-around end to Shadow Lane is preferred by the Highway and Engineering Departments; he noted that a cul-de-sac is costly to maintain if installed. The Town Highway Department will plow and maintain the dedicated turn-around. He also noted that the proposal is similar to what exists at the “Hammocks”.
Mr. Fabinsky discussed public versus private roadway standards and the SEQR process, stating that he would like the impact of this proposed development addressed in relation to the Fox Run and proposed Brush Mountain projects; will this project create an additional burden on the roadways?
Junior Engineer Thomas Ostrander discussed Town standards for dedicated roadways noting that they are designed for longevity; ten-inches of stone, 8-inches of asphalt. He stated that Town roadways last 20 to 40 years; a private roadway is not required to meet this standard cross section, but the developer
may need to be rebuilt it in 25 or 30-years with a lesser cross section. Mr. Fabinsky stated that he would like a maintenance provision included if the project is approved.
Mr. Cantwell told the Board that he will provide them with a copy of a traffic analysis that has been prepared by FRA. Mr. Fabinsky asked if the Fox Run project had been considered in this report; however Mr. Cantwell told the Board that he did not know if it had been. He further told the Board that recommendations were made in the report and he explained these.
Mr. Murray noted that connectivity of the site had been previously discussed and he questioned the termination of the dedicated roadway. Mr. Cantwell explained that the applicant desires to keep privacy and security within the site.
The Chairman noted that a sign should be placed at the front of the development indicating that the roadway is not a thoroughfare to Shadow Lane.
There being no further business, the Chairman adjourned the meeting at 8:40 P.M.
DATED: September 18, 2007 Respectfully Submitted,
REVIEWED: September 19, 2007 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman