` Minutes of the APRIL 9, 2008 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
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
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 March 12, 2008 Planning Board meeting was unanimously waived as each Board Member had previously received a copy.
Mr. Bernard made a motion, seconded by Mr. Bodden, to accept the minutes of the March 12, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION TO ACCEPT THE MINUTES AS PRESENTED WAS UNANIMOUSLY APPROVED.
Planning Coordinator Orffeo introduced Danielle Ostrander to the Board members who will be working in the Planning Office, part-time, performing clerical duties.
1. P.B. File #11-08, Orchard Park Veterinary Medical Center, 3930 N. Buffalo Road, Zoned B-1. Applicant is requesting Planning Board approval of proposed signage.
APPEARANCE: Ms. Mary Horbachewski, Financial Director
Ms. Horbachewski presented and explained the need for the proposed signage plan to the Board. She told the Board that the signs will not be illuminated. The sign measurements have been documented in a submission made to the Planning Office with a location plan indicating where each sign will be placed.
Building Inspector Geist stated that he feels the signage plan is acceptable.
Mr. Bodden made a MOTION, seconded by Ms. Bowers, to GRANT the approval of seven (7) signs based on the submitted plan received 3/20/08. The following conditions shall apply:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. Seven (7) signs are approved and permitted by Section 144-38 of the Town Code.
3. The sign measurements are described in the applicant’s correspondence dated 3/27/08.
4. The seven (7) signs will not be illuminated.
5. The signs will be located per the approved location plan dated 3/27/08.
6. A permit fee shall be paid in accordance with Section 144- 70A(1).
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B File #05-08, Bryant & Stratton College, 200 Red Tail, located on the south west portion of the Sterling Park Complex, adjacent to the Route 219 on-ramp and Milestrip Road, Zoned I-1. Applicant is seeking a Building Permit and Site Plan approval for the construction of a 6,364 sq. ft. addition. Town Board referred to Planning Board on 2/6/08.
APPEARANCE: Mr. Steve Carmina, Carmina · Wood · Morris, Architects
Mr. Carmina presented and explained the plan for the proposed addition to the existing building. He told the Board that the proposed addition’s façade will match the existing building with the same detail work and brick. He also stated that an existing light pole will be eliminated and a reduction in the number of parking spaces will occur. However, the site will remain in compliance with the Town’s parking requirement, which requires 236-parking spaces; the applicants are proposing a total of 280-parking spaces.
Mr. Bernard discussed the lighting at the site with Mr. Carmina. No additional pole lighting will be added at the site.
Mr. Fabinsky stated that he feels the proposal is reasonable and that this is a good use for the area.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board AUTHORIZE a Building Permit for a 6,364 sq. ft. building and APPROVE the site plan received 3/13/08, 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. 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. Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
5. Town Engineering Approval was granted on 4/8/08.
6. A landscape completion bond in the amount of $7,700 in accordance with the Conservation Board minutes shall be provided for the approved landscape plan, which includes 15% green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #13-08, Keith Bernard, 3718 Transit Road, located on the west side of Transit Road, south of Milestrip Road, Zoned R-1. Applicant requests to rezone property from R-1 to R-1 Special Exception Use for the purpose of constructing a tennis court. Town Board referred to Planning Board on 4/2/08.
APPEARANCE: Mr. Keith Bernard, Applicant and property owner
The Board members established that Mr. Bernard would like to construct a 60 foot x 120-foot tennis court with fencing and lighting. He told the Board that the nearest neighbor will be located approximately 147-foot away from the site on the south side of the tennis court. During the summer months, the site is fully screened; however, during the fall and winter months very little buffering remains. The tennis court will be approximately 500-foot from the roadway. Mr. Bernard
stated that he recently purchased the adjacent property (which was his grandparent’s). In addition to using the site as a tennis court, Mr. Bernard explained that he will use the court area for basketball, and during the winter months he intends to use it as an ice-skating rink for skating and/or ice-hockey for friends and family.
Chairman McNamara established that no lessons will take place here. The use will be limited to friends and family.
Mr. Bodden established that Mr. Bernard had spoken with his neighbors regarding the tennis court and that no objections had been expressed to him.
The members concluded that additional information was need regarding lighting at the site.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to TABLE this case pending the receipt of a lighting plan as discussed by the Board.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #12-03, Walter Schmidt, proposed “Meadow Wood Townhouses”, 14.34 acres of vacant land, east side of California Road, south of Big Tree Road, Zoned R-3. Requesting rezoning from R-3 to R-3 Special Exception Use in order to construct a townhouse project. Note: Special Exception Use approval was granted by the Town Board; however, this expired in September of 2006. Town Board referred to Planning Board on 2/27/08.
APPEARANCE: Mr. Don Hoeffler, TVGA
Mr. Hoeffler gave a brief history of the project to the Board explaining that due to a change in the wetland area at the site a re-approval was required by the Army Corps of Engineers and the NYS D.E.C. While being addressed, the Special Exception Approval expired.
Mr. Bernard established that during this time lapse all permits required were reapplied for and are currently valid.
Mr. Fabinsky noted that a Special Exception Use request has certain criteria that must be met; the applicant must demonstrate the need for the project and its compatibility with the adjacent land use. Since the time the Board reviewed this request in 2003, a number of things have changed. Mr. Fabinsky discussed his concerns, including the newly built Fox Run site and questioned if the SEQR for
the proposed townhouse project would need to be updated with regards to traffic, landscaping and public safety.
Mr. Murray established that the presented site plan is based on what was previously submitted to the Board. Mr. Hoeffler told the Board that the Site Plan was updated based on the wetland delineation report and comments from Engineering; basically, it is the “old site plan” that was reviewed by the Board during the initial rezoning request for the site. Mr. Hoeffler told the Board that he does not feel the SEQR will need to be re-visited as he does not believe anything has changed.
Deputy Town Attorney Michael Wolf stated that the Town Board may determine to reopen the SEQR and do a coordinated review; however, he believes this to be an Unlisted Action, but the parkland located across from the site classifies this as a Type I Action.
Mr. Bernard commented that the Board had acted on this case before, and that the applicant is only “half way there”. If Special Exception Use is recommended again to the Town Board the applicant will be scheduled for another public hearing and then the project will go through the final site plan review process with the Planning Board. Mr. Bernard feels that at that point details can be “fine-tuned”.
Planning Coordinator Orffeo noted that the Planning Board could recommend that the Town Board request an updated SEQR. In addition, if approved by the Town Board, the Conservation Board Chairman may want the project to return to his Board for review if any substantial changes have occurred.
Mr. Fabinsky stated that would address his concerns.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard, to recommend the Town Board APPROVE the requested Special Exception Use Permit for R-3 to R-3 Special Exception use to construct a townhouse project based on the following conditions and stipulations:
1. This is a Type 1 SEQR action and recommends that the Town Board consider reopening and initiating a new SEQR review, if applicable.
2. Fees shall be paid in accordance with Section 144-70C, of the Town Code prior to publication of the Public Hearing Notice.
3. The recommendation is contingent upon the applicant completing the project as proposed on the development plans dated 3/18/08 and shall revert to its original Zoning Classification if the project is not completed per Section 144-67 of the Town Code.
4. The proposed project is in compliance with the Town's long range comprehensive plan.
5. The applicant has demonstrated a need for the project.
6. The project is compatible with adjoining land uses and proposed developments, and will not have a negative impact on the adjacent land value or public safety.
7. The applicant previously has demonstrated an orderly flow of traffic ingress and egress; recommend that the Town Board review and verify this issue.
8. The applicant has provided suitable parking facilities.
9. Landscaping as indicated on the proposed plan will provide adequate screening.
10. Free area for recreation is not required.
11. The nearness and impact on schools and utilities is not an issue.
12. The health and safety of adjacent properties is not affected.
ON THE QUESTION:
Mr. Murray discussed wanting to know the SEQR impact with regards to items # 6 & 7 in the motion. It was noted that item #6 was not a SEQR related item. Item #7 was re-written to address Mr. Murray’s concern for traffic.
Mr. Schmidt spoke to the Board stating that his project was delayed because of the lack of the directional signal (that now exists). He noted that he proposed his project long before Fox Run was proposed and he expressed to the Board the unfairness that he feels exists in the fact that he is still waiting and Fox Run was approved and built.
The Planning Coordinator stated that it is good common sense to have the Town Board review the traffic portion of the SEQR; the traffic light is in and that seemed to be the major obstacle for the project in the past.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File 06-08, Tim Horton’s Restaurant, 3878 Southwestern Blvd., located on the north side of Southwestern Blvd., west of the existing Mobile gas station at the intersection of Southwestern Blvd./Abbott Road, Zoned B-2. Applicant proposes to redevelop the site with a new 3,080 sq. ft. building, pavement, utilities, site detention, lighting and landscaping upon .93 acres. Town Board referred to Planning Board on 2/27/08.
APPEARANCE: Mr. Ralph Lorgio, Attorney
Mr. Bob Bender, Tim Horton’s
Mr. Don Blamowski, FRA
The applicants presented and explained the plans for the proposed Tim Horton’s stating that the footprint is almost identical to the Tim Horton’s located at Lake Avenue and Abbott Road. It was noted that there will be room for the stacking of 18-vehicles and that Conservation Board approval has been granted for this project. The applicants told the Board that the property will not be owned by Tim Horton’s; it will be leased and the property owner intends to develop the adjacent parcel in the future. At this time, access to the site is not available via Sheldon Road. The Board discussed access into the site during stadium events. Junior Engineer Thomas Ostrander confirmed that NYS D.O.T. approval will be required for the proposed project and its entrance.
2. P.B. File #59-07, Walgreens, proposal for southwest corner of Union & Michael Roads, Zoned B-2. The site consists of SBL#’s 152.12-2-5, “D’Amato Dry Cleaners”, 152.12-2- 6, “Walkers Service Station”, 152.12-2-4 “Molino’s Pizzeria” and 152.12-2-3 DNA Breads (Anderson’s). Applicant is requesting to construct a one-story 14,550 sq. ft. building with parking for a Walgreen’s Pharmacy. The Anderson’s ice cream store will not be demolished; both properties will share full access to Union Road with internal cross access provided. Town Board referred to Planning Board on 2/6/08.
APPEARANCE: Mr. Ralph Lorigo, Attorney
Mr. Guy Hart, Jr. HDL Property group LLC
The applicants presented plans for the proposed Walgreen’s and explained that the site will be developed with several lots being combined; the Anderson’s Ice Cream building will not be demolished. At this time, it is not known who the tenant for the former Anderson’s building will be. The applicant is requesting a reduction in the Town’s parking requirement. They feel the number of proposed parking spaces will be sufficient and they told the Board that they will supply information to support this fact. Mr. Fabinsky discussed land banking as an option at the site. The applicants also told the Board that they had several meetings with Councilwoman Ackerman regarding the façade of the proposed building.
The project has received Conservation Board approval; however it was noted that additional parking spaces were lost at the site to achieve the 10% interior green space requirement.
Mr. Bodden established that Walgreens will be infringing on the former Anderson’s parking. Mr. Lorigo stated the future use of the building will be based on the parking spaces left available after the construction of the Walgreens project. Mr. Lorigo will provide the Board with information to prove that sufficient parking will exist for both projects.
The traffic impact on the area was briefly discussed. Mr. Hart feels that Walgreens will have a lower traffic impact than the four (4) businesses that currently exist here and he discussed providing an a traffic analysis to the Board.
3. P.B. 15-08, Saville’s Outdoor Power Equipment, 3975 Southwestern Blvd., Zoned B-2. Applicant is proposing construction of a new facility upon vacant land located on the south side of Southwestern Blvd., west of LaGalleria Restaurant.
APPEARANCE: Ernie Dobies, representing Saville’s Outdoor Power Equipment
Mr. Dobies told the Board that he would like to purchase vacant property located on Southwestern Boulevard for the purpose of constructing a new facility for his outdoor power equipment business. He discussed the possibility of having equipment located outside of the building, if he did not have room within the building to store it.
The Board did not find his proposal objectionable, and Mr. Dobies will return with more detailed plans for the Board to review.
There being no further business, the Chairman adjourned the meeting at 9:00 P.M.
DATED: April 17, 2008 Respectfully Submitted,
REVIEWED: April 18, 2008 Rosemary M. Seivert
Planning Board Secretary
William McNamara
Planning Board Chairman