Minutes of the FEBRUARY 13, 2008 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: John Bernard, Acting Chairman
Paul Bodden
Kim Bowers
Harold Fabinsky
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: William McNamara, Chairman
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.
Councilwoman Ackerman presented a Certificate of Completion to the Planning Board, noting that its members, Planning Coordinator Orffeo and Assistant to the Planning Coordinator, Rose Seivert, have successfully completed the Land Use Training and Certification Program and that they are now certified from the period of 12/28/07 thru 12/28/09. The program is sponsored by the New York Municipal Insurance Reciprocal in conjunction with the New York Planning Federation and The Land Use Law Center. Mrs. Ackerman concluded that the Town Board is pleased and proud that the Planning Board takes their work so seriously.
Upon a motion duly made and seconded, the reading of the minutes of January 9, 2008 Planning Board meeting was unanimously waived as each Board Member had previously received a copy.
Mr. Murray made a motion, seconded by Mr. Fabinsky, to accept the minutes of the January 9, 2008 meeting with a correction to page 7 as follows: Mr. Murray did not vote “Aye”; he “recused” himself from voting in this matter.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN ABSTAINED
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION TO ACCEPT THE MINUTES AS CORRECTED WAS UNANIMOUSLY APPROVED, WITH ONE ABSTENTION.
1. P.B. File #01-08, 3878 Southwestern Boulevard, Windom Power Equipment property, north side of Southwestern Blvd., Zoned B-2. Sun Enterprises requesting Planning Board renewal of outdoor display.
APPEARANCE: Mr. Greg Funk, applicant
The Board verified information regarding the renewal of this request and established that Mr. Funk would like to display eight (8) sheds from 3/15/08 through 11/1/08. One of the sheds to be displayed will be 16-feet high.
Planning Coordinator Orffeo stated that per the Board’s request, the applicant had brought in photos of the sheds to be displayed.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to GRANT Outside Display from 3/15/08 to 11/1/08 based on the site plan received 1/30/08 based on the following stipulations:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. There will be no additional outside lighting for the display or temporary structure.
3. No more than eight (8) sheds are to be displayed at one time.
4. No more than one shed of the display may be displayed with a maximum height of 16-feet.
5. One sign may be erected with a maximum of 20-sq.ft.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #2-08, Top’s, 3201 Southwestern Boulevard, Zoned B-2. Requesting Planning Board renewal of outdoor display.
The Planning Coordinator stated that the applicant was unable to attend this evening. The Board determined that they would like to review the request with the applicant present to answer questions.
Mr. Murray made a MOTION, seconded by Mr. Fabinsky, to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
3. P.B. File #26-07, Expert Fence, 2897 Southwestern Blvd., located on the south side, Zoned B-2. Requesting a Building Permit and Site Plan approval to construct a 7,200 +/- sq. ft. metal building on an adjacent parcel, owned by the applicant, to relocate the existing business. Town Board referred to Planning Board on 5/16/07.
APPEARANCE: Mr. Andy Gow, Nussbaumer & Clarke
Mr. Gow presented plans to construct a new facility on the adjacent parcel. He briefly explained the project to the Board.
The Boards’ questions established that this is a relocation of the existing business, the lighting plan has been submitted, the site will be conforming to ADA regulations and that the required eight-foot high screening will be provided for the dumpster area.
Mr. Gow submitted a color rendering of the building elevation for the Board to review.
Acting Chairman Bernard told the applicant that the lighting plan must be resubmitted; he explained to the applicant that the proposed lights must have full cut-offs.
Mr. Fabinsky made a MOTION, seconded by Ms. Bowers, to recommend that the Town Board AUTHORIZE a Building Permit for a 7,200+/- sq. ft. Building and APPROVE the site plan received 1/8/08 & 2/12/08, based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Full 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 2/13/08.
6. A landscape completion bond in the amount of $9,790.00 shall be provided for the landscape plan received 9/25/07, which includes 16% total green space, prior to the receipt of a Building Permit.
7. A lighting plan consistent with the guidelines outlined by Acting Chairman Bernard shall be submitted before the Town Board takes action on this project.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION TO APPROVE WAS CONDITIONALLY PASSED PENDING THE RECEIPT OF THE REQUESTED REVISED LIGHTING PLAN.
4. P.B. File #39-07, Family Video Movie Club, Inc., 3009 Union Road, located at the corner of Michael & Union Roads, site of the former Burger King, east side of Union Road and south side of Michael Road, Zoned B-2. Applicant proposes to demolish the existing building and remove the existing parking lot to allow construction of a 7,200 sq. ft. single-story brick building and a 47-space parking lot. Space created will be used for Family Video Movie Club and a tenant to be determined. Town Board referred to Planning Board on 8/15/07. Zoning Board of Appeal granted two area variances on 10/16/07; one for an 8-foot rear setback and the other for front yard parking.
APPEARANCE: Mr. Doug Klang, Family Video
Mr. Ed Martin, Land Tech
The applicants presented and explained a request to convert the former “Burger King” site into a “Family Video Movie Club, Inc.” store noting that an unnamed tenant will occupy the 1,200-sq. ft. rental space. Mr. Martin told the Board that two of the existing ingress and egress points will be eliminated and that there will be a total of 47-parking spaces provided at the site (the code requires 36-parking spaces). He also told the Board that a storm water detention area has been provided at the site.
The Board members discussed the proposed signature “light tower” at length. Mr. Fabinsky noted that, based on the glass obelisk being a symbol of the corporation it could be considered a sign and based on that, its size does not conform to the Town Code. In addition, Mr. Bernard confirmed with Building Inspector Geist that if the glass obelisk is not attached to the building it would be considered an “accessory structure” and a use variance would be required to allow its existence, as only one building is permitted on this property under the Town Code. Mr. Klang told the Board that the tower is illuminated and its light is turned-off when the store is closed.
Mr. Fabinsky stated that he had reviewed the applicant’s website. He discussed information he had viewed pertaining to soliciting tenants for lease space. Mr. Klang told the Board that, presently, he does not have a tenant secured for the lease space at this location; however, the types of tenants Family Video generally leases to are accountants, pizzerias and/or sub shops. The tenant’s space will have a separate entranceway. He, also, told the members that it is possible that at some point in time, the area occupied by Family Video may be reduced based
on the needs of the store and an additional lease space may be created. A wall will separate the two businesses and the newly created space will have its own entranceway.
Mr. Fabinsky also discussed the adult movie section that exists at various locations. Building Inspector Geist reaffirmed that the Town Code does not allow the rental of adult videos in this zoning district; the Acting Chairman re- emphasized this fact to the applicants so there would be no misunderstanding.
Mr. Klang told the Board that it is possible to reduce the height of the obelisk and have it level with the height of the building; this would make the light tower area three to five feet lower than the building. He also told the Board that the obelisk could be made a permanent structural part of the building.
Mr. Bodden discussed the lease space further with the applicants. He established that the lease space will have separate utilities. Mr. Klang told the Board that the area is most likely too small to develop into a sit down restaurant; however, if the ordinances could be met it was possible that a small restaurant could occupy the space. Mr. Bodden also discussed the concerns raised by the Conservation Board during their review of the project with regards to traffic and pedestrian safety. Mr. Martin told the members that based on ten (10) other locations, there have been no reported problems; he feels that this is because parking is convenient.
Junior Engineer Thomas Ostrander stated that he feels that the island areas are more dangerous to pedestrians when snow is plowed as the snow is left as a “wall”. In addition the snow piles choke off the flow in the parking lot not only for motorist, but also for drainage. He feels that it is unnecessary for “walls/islands” in this small area.
Ms. Bowers established that the notation “no handicap parking sign” is an error on the site plan. She also verified that the entranceway into the store is located on the west side of the building.
Building Inspector Geist discussed the proposed number of parking spaces at the site, noting that the parking calculations have been based on the unknown lease tenant as being a “retail” operation; however, he noted that additional parking spaces can be put in if needed. Acting Chairman Bernard told the applicants that if the project is approved, the Board will make a stipulation to have the applicant return for review if the lease tenant is not retail or if further space is developed for a lease tenant.
Mr. Murray established that the “white cube area” on the Site Plan represents landscaping. He also established that additional handicapped parking spaces will be needed if additional subdividing takes place at the site. Mr. Murray discussed the layout of the handicapped access and Mr. Klang told the members that a ramp could be added with a sidewalk if needed in the future for access to the lease space.
Junior Engineer Thomas Ostrander told the Board that the site is small and that the handicapped parking space is approximately 30 to 40-feet away from the entranceway. He noted that at the Top’s Plaza the handicapped parking spaces are even farther away from the store’s entranceway.
Mr. Taneff confirmed with Junior Engineer Thomas Ostrander that all approvals have been received for the site. In addition it was established that the immediate neighbor, “the Walkers” requested that a six-foot stockade fence, closed-off (gated) at both ends, with higher wattage lighting be installed at the rear of the building to address security/buffering issues. Planning Coordinator Orffeo confirmed this fact, stating that he had discussed this request briefly with a Zoning Board member, noting that two area variances had also been granted for this site.
Ms. Bowers inquired as to what recourse a new owner would have if the adjacent residential property were sold and the new owner desired lower wattage lighting. Mr. Klang told the members that Family Video strives to keep neighbors happy and that they would install lower wattage lighting if it were requested. She, also, inquired about the signage for the site; however, Building Inspector Geist noted that signage is reviewed by his department at the time of applying for a permit.
Acting Chairman Bernard discussed the lighting plan with the applicants, noting that the lighting at the rear of the building is not included in the presented plan; in addition, the photo metrics does not show an impact. He requests that the applicant revise the plan to include all proposed lighting.
The Board members concluded that they did not want to vote on a plan that needed to be corrected; in addition, they want clarification of the obelisk.
Mr. Murray requests that the applicant submit documentation, describing the categories of videos that Family Video will inventory. He would like detailed clarification regarding all categories of movies, such as, Rated, Non-Rated, Adult and or Mature; which is anticipated to be sold or rented by Family Video.
Acting Chairman Bernard made a MOTION, seconded by Mr. Fabinsky, to TABLE
the review of this case pending clarification of the obelisk, which may not be a structure, a revised lighting plan that includes the additional lighting at the rear of the building and documentation on the type of videos that will be carried.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
5. P.B. File #45-07, Bieler Janitorial Services, 3946 Southwestern Blvd., located on the north side of Southwestern Blvd., west of Abbott Road, Zoned B-2. Applicant proposes to convert a former existing single-family home “Lot”/Site, previously demolished, for use as an office and warehouse space by constructing a 6,080-sq. ft. building. Town Board referred to Planning Board on 10/3/07.
APPEARANCE: Mr. Kevin Bieler, property owner and applicant
Daryl Martin, Architect
Mr. Martin presented and explained the proposal to convert the former site of an 800-sq. ft. house that was demolished, into a new office and warehouse space for Mr. Bieler’s business.
The Board established that a steel building will be constructed and Mr. Martin presented a building elevation for the Board’s review.
Acting Chairman Bernard established that the dumpster screening will be 8-feet high. He further noted that lighting at the site is acceptable. The project has Engineering approval and the Building Inspector has no issues with this request.
Ms. Bowers made a MOTION, seconded by Mr. Bodden to recommend that the Town Board AUTHORIZE a Building Permit for the construction of a 6,080+/- sq. ft commercial building to be used for office and warehouse space per the plan received on 1/22/08, based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Full 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 2/13/08.
6. A landscape completion bond in the amount of $4,252.00 shall be provided for the landscape plan received 10/01/07 which includes 38.3% total green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. P.B. File#49-07, Jim Ball Cadillac, 3433 Southwestern Blvd., SBL#152.20-1-6, Zoned R-2. Rezoning request and expansion of facility. Town Board referred to Planning Board on 10/3/07.
APPEARANCE: Mr. Jim Ball, property owner and applicant
Mr. Jim Bammel, Architect
The Acting Chairman established that there were no comments from the Engineering Department or from the Building Inspector regarding the requested rezoning.
The Planning Coordinator stated that per the Chairman’s request, neighbors living within 500-feet of the property that Mr. Ball has requested to be rezoned, were sent a notice of tonight’s agenda. It was also noted that if the Planning Board recommends that the Town Board rezone this property the neighbors will be notified of a public hearing to be held regarding this request.
Mr. Bammel presented and explained the project to the members stating that Mr. Ball is seeking the rezoning of a 100-feet x 200-feet. portion of the site from R-2 to B-2 to construct an addition to the existing Cadillac building. A service bay area will be located on the north rear side of the proposed addition. He told the Board that Mr. Ball owns the adjacent property on the east and that Mr. Ball plans to demolish the house that exists there and retain the area as green space. The south side of the proposed addition will have a solid wall. It was established that an apartment complex exists on the adjacent lot to the south.
The Board members discussed the presented plan. Acting Chairman Bernard noted that the areas to the east of the proposed new building and also to the south, where the home exists that will be demolished, will remain as green space.
Mr. Taneff confirmed that there are no outstanding issues with the Conservation Board regarding this property and that the neighbors were notified about this particular project.
Mr. Fabinsky established that the Board is to review the rezoning request and not the site plan. He verified that spot zoning is not taking place.
Ms. Bowers established with Planning Coordinator Orffeo that no communications have been received from the neighbors.
Mr. Bernard made a MOTION, seconded by Mr. Fabinsky, to recommend that the
Town Board APPROVE the requested rezoning from R-2 to B-2 for the purpose of expanding the existing Cadillac Dealership based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted 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 11/30/07 and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
4. Area on the current plan not showing building or pavement will remain a landscape buffer zone and forever green.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY NAY
THE VOTE ON THE MOTION BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
7. P.B. File #15-06, Polymer Conversions, 5758 Big Tree Road, Zoned I-1. Applicant requests to amend approved plan of 6/14/06.
APPEARANCE: Mr. Greg Schneider, Aurora Architectural
Mr. Schneider reviewed the project with the Board and explained that in the process of constructing the approved plan, Mr. Bertsch found that many trees would need to be removed; therefore the plan was adjusted to avoid this. He told the Board that Mr. Bertsch would like permission to not put in the total number of required parking spaces as he feels there is ample parking at the site.
Building Inspector Geist confirmed that the parking requirement has presently not been met; however, he feels the need for the spaces is not there. He confirmed that the applicant could provide the spaces, if needed, in the future.
Mr. Murray discussed with Mr. Schneider wanting to stipulate that if the Town deems additional parking spaces are needed, the applicant shall comply with the Town’s request and put in the parking spaces.
The members discussed the revised plan and it was learned that the revised project was already under construction, without the Planning Board or Town Board’s approval.
Mr. Fabinsky discussed his concerns regarding Mr. Bertsch’s choice to ignore the Town Code. He noted that clearly, construction of the building started before approval was granted for the revised plan. Mr. Fabinsky wondered, “What laws are okay to ignore and what laws can’t be ignored?”
Mr. Schneider stated that in retrospect he should have notified the Town of the changes in the approved plans. As Mr. Schneider tried to explain what had occurred the members stopped him, noting that he was not answering their question, nor could he.
Mr. Bodden pointedly stated that the structure was built and proper procedure was not followed.
Acting Chairman Bernard stated that he is not “happy”; when the Board review and approves a Site Plan they expect to see what they approved. He is very disappointed; it almost seems to him that the applicant is flaunting that procedure was not followed. The discussion ends here; he does not believe the Board will get an answer; although he is very disappointed, he will make the motion.
Junior Engineer Thomas Ostrander noted that during a meeting with William Schutt’s office, it was only discussed that the existing pond size needed revising,
but it became apparent to Mr. Ostrander, with the re-submittal, that the Site Plan had changed.
Planning Coordinator Orffeo noted that this is the third time in just over two years that he has seen Mr. Bertsch not abide by the Town Code with three different sites.
Acting Chairman Bernard told Mr. Schneider that the right procedures must be followed to make everyone feel that everything is up front in understanding what is going on.
Mr. Bernard made a MOTION, seconded by Mr. Bodden to recommend that the Town Board APPROVE the site plan modification received on 1/9/08 involving a 6,000+/- sq. ft. increase for a total of 25,504+/- sq. ft. 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. Dumpsters as shown shall be screened, along with any additional dumpsters, in accordance with Section 144-25 of the Town Code.
3. No outside storage or display is permitted.
4. A landscape completion bond in the amount of $4,265.00 has been accepted for the landscape plan received 4/3/06 which exceeds the 15% total green space requirement.
5. Engineering Approval was granted on 2/13/08.
6. Reduced parking is recommended per Section 14429A(2) for 24-spaces which shall be landscape area at this time. Anytime in the future if the Town of Orchard Park deems that there is not enough parking at the facility said parking will be installed by the petitioner.
ON THE QUESTION:
Mr. Fabinsky noted that it is his intention to support the project, because he would have supported it if it had come in this form initially. He noted that as the Planning Board Coordinator has indicated there seems to be a pattern here . . . if he starts comparing this to the baseball motto, this is the “third strike”. He further noted that if he on the Board and future changes come in he would look to the Town’s legal staff to structure the strictest guarantees that nothing be done unless it is done as per the Town law. It is important that the petitioner under stand that the Town has a duty and obligation to its citizens and residents that is taken seriously.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
8. P.B. File #07-07, Broxton–Heath 35-lot Subdivision, proposed for 29-acres vacant land located on the south side of Powers Road, Zoned R-2. Requesting Pre-Application Findings.
APPEARANCE: Mr. Bob Harris, William Schutt & Associates
Mr. William Schutt, William Schutt & Associates
Mr. Schutt briefly described the project to the Board and stated that the proposal is for 35-lots.
Building Inspector Geist told the Board that he has no comments regarding the project.
Junior Engineer Thomas Ostrander told the Board that the plan is acceptable for Pre-Application Findings only and that the Engineering Department concerns have been included in the motion prepared for the Board.
Ms. Bowers made a MOTION, seconded by Mr. Bernard that the following Pre-application Findings are made based on the submitted sketch plan received 1/28/08 and the applicant has detailed:
· The total acreage is 28.7 +/-.
· 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 Powers Road and the stub street shown on concept plan south of this property.
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 Long EAF, Parts 1, 2, & 3 shall be submitted.
7. Based on the recommendation of the Engineering Department,
the following items shall be considered before Preliminary Approval:
a. The existing pond shall be designed during Preliminary Design Phase per Town standards with proper access for maintenance and to correct existing flooding problems with the present pond.
b. The site distance at the intersection with Powers Road is critical and requires a more detailed study during Preliminary Design Phase.
c. Note: The proposed tree plantings at the Powers Road entrance shall not be within the proposed Town right-of-way. The plantings, as shown, would interfere with the sanitary sewer lines, waterlines, and possibly private utilities (gas. electric, telephone, cable TV, etc.).
d. During Preliminary Design Phase, the wetlands within the project site shall be evaluated to determine how to be dealt with. It is obvious that nearly all of the wetlands on the property, which have not been shown on this Pre-App Plan, would be disturbed by the construction of the subdivision.
e. Note: There are currently sanitary sewer capacity issues downstream of this project site. A detailed I&I study shall be required during Preliminary
Design Phase prior to the approval of this proposed subdivision or any other new subdivisions within this sewer system.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION IS UNANIMOUSLY PASSED.
OTHER BUSINESS
The Planning Coordinator noted that the Town’s website has been updated to reflect the Planning Office’s new policy regarding SEQR documents. Effective immediately; All SEQR documents must be typed, they will no longer be accepted if hand written.
Concept Review Items:
1. P.B. File #15-07, “Pines of Murphy Road”, Bryan Young, 5245 Murphy Road, Zoned R-3. Applicant to discuss development of former sanctuary property. Town Board approved rezoning of property from R-2 to R-3 on 10/17/07.
APPEARANCE: Mr. Robert Cantwell, BME Associates
Mr. John Maher, Krog Corporation
The following was established;
Mr. Cantwell told the Board that he is representing Rural Opportunities, who will ultimately be the project sponsor and owner of this property. Rural Opportunities is a housing developer located in Rochester, New York. He further told the Board that this will be a public funded project and that Rural Opportunities specializes in senior living facilities.
In addition Mr. Cantwell he told the Board the following; the project will consist of one-hundred units, consisting of 50-apartments proposed within the existing building, 26-duplex units and to the east of the building 24-additional apartment units are planned.
The Planning Coordinator noted that Mr. Cantwell must submit a letter of intent to the Town Board requesting that the site be rezoning from R-3 to the special use of the SR overlay district. He also told the Board that Mr. Cantwell indicated that information regarding a proposed subdivision, adjacent to the site, will be submitted separately.
Mr. Cantwell noted that he had met with the Town Engineer with regards to storm water management at the site and with Building Inspector Geist to discuss bulk standards. He explained the concept plan to the members noting that the area in red on the plan represents a trail that will provide connectivity to the Hilltowne Subdivision; the open space requirement is shown in green on the plan.
Acting Chairman Bernard stated that he appreciates the overall plan that the applicants have provided to the Board. It was noted that before the applicants proceed further with the Planning Board review process, they will need to receive the SR designation from the Town Board and apply to the Zoning Board of Appeals for a determination regarding this project.
Mr. Murray established that there are three segments to this project and that there are separate owners for each project site.
Mr. Fabinsky asked, “If public funding is involved, what conditions are placed on the public housing, relative to occupancy?” He asked the applicant to provide material that demonstrates the need for this project in terms of population and demographics within the Town of Orchard Park, as opposed to drawing people from other localities. He also noted that he has concerns about density. He likes the idea of putting the general lot to use, but he wants to know more about density; he would like numbers provided.
Mr. Bodden would like to know if there will be any tax ramifications to the Town of Orchard Park when the property is deeded over.
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. FEIS accepted 1/9/08.
APPEARANCE: Mr. Rob Pidanick, GPI
Mr. Pidanick came before the Board seeking input on the proposed site plan, noting that the plan had been approved approximately 10-years ago. He told the Board that the site includes two-stub streets, that the cul-de-sacs are code compliant and that the entranceway is located on Milestrip Road.
The following was discussed:
• The previous and present Town Engineers and Highway Superintendents recommend that one cul-de-sac be removed at this site. Presently, Town Engineer Bieler recommends that both cul-de-sacs be removed.
• Site distance is an issue relative to Milestrip Road. An additional future access is desired at the north and it is suggested that the applicant contact the land owner at the north of the subdivision to seek an additional entranceway into the subdivision.
• Recreation land was agreed to in lieu of fees.
• The Planning Coordinator Orffeo requests that the Planning Board make a determination regarding the single entranceway into the subdivision as this remains open in the Findings Statement. It was left open with the intent that the Board would address this during their pre-application findings.
Planning Coordinator Orffeo also noted that he will send a statement to Mr. Leja next week indicting the unpaid balance that remains due to Hatch-Energy.
Mr. Fabinsky discussed having the entranceway into the subdivision developed as a “boulevard”.
Mr. Taneff established that Public Safety and Erie County D.O.T. Highway should be contacted regarding the question of two ingress/egress points into the proposes subdivision.
3. P.B. File #50-07, Forest Creek Subdivision Part 3, proposed 34+/- lots upon 51.6 +/- acres of vacant land located north of the existing Forest Creek Subdivision, north side of East Quaker Road, Zoned R-1. The project site also borders the south side of the existing Barrington Heights Subdivision (Montclaire Lane).
APPEARANCE: Mr. Rob Pidanick, GPI
Mr. Peter Sorgi, Hopkins, Garas & Sorgi
The Board reviewed the presented site plan and discussed the connection of the Barrington Heights and Forest Creek subdivisions. Planning Coordinator Orffeo read a brief history that indicated that it had always been the intent to connect these two subdivisions. However, Mr. Sorgi did not agree; he told the Board that Mr. Lasky will not support the connection.
The Board members discussed this matter with Mr. Sorgi and concluded that that connectivity between Forest Creek and Barrington Heights was always planned. The applicant will need to start over in the review process if the plan is changed from what was originally submitted.
There being no further business, the Chairman adjourned the meeting at 9:58 P.M.
DATED: March 10, 2008 Respectfully Submitted,
REVIEWED: March 12, 2008 Rosemary M. Seivert
Planning Board Secretary
John Bernard, Acting
Planning Board Chairman