` Minutes of the JANUARY 09, 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
Kim Bowers
Harold Fabinsky
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: Paul Bodden
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 December 12, 2007 Planning Board meeting was unanimously waived as each Board Member had previously received a copy.
Mr. Murray made a motion, seconded by Mr. Majchrzak, to accept the minutes of the December 12, 2007 meeting as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD ABSTAINED
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED, WITH ONE ABSTENTION.
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. Issuance of Findings. Tabled by the Planning Board at the 12/12/07 meeting.
APPEARANCE: Mr. Rob Pidanick, GPI
Mr. Andrew Leja, Attorney
The Chairman noted that Mr. Fabinsky served as the Planning Board’s liaison with the Town’s environmental consultants and project technical staff. He worked together with the Town Planning Coordinator to assure that findings were
completed in a comprehensive and timely manner. The Chairman asked Mr. Fabinsky to provide a brief summary of the background of the project.
Mr. Fabinsky stated that the review of this project has been a lengthy process and is now entering its tenth year. Project review and SEQRA required looking at a broad range of topics including traffic, fire safety and other items. One of the key issues was the environmental issue.
Mr. Fabinsky briefly discussed the history of the area and the site beginning with a proposal for nearby property called the “The Highlands of Orchard Park”. During the height of the “Cold War”, a NIKE anti-aircraft missile system was deployed to protect the Buffalo Area. One part of that system was located in the northwest portion of Orchard Park. When the NIKE program was abandoned the site was given to Roswell Park Cancer Center for research purposes.
A proposal to develop the former NIKE base for residential building came before the Planning Board with the information that the NIKE site was a command and control location with no missiles, fuel or explosives on site and that Roswell’s subsequent use was for growing tobacco. Attempts to independently verify this information that would imply harmless use were not successful because records were no longer available.
For this reason, the sponsor of that project was required, by the Planning Board, to complete multiple steps of a thorough environmental investigation to determine the safety and appropriateness of the proposed development. The project sponsor chose not to complete these steps. With that work never completed, the Planning Board decided that proposals for the former NIKE base and all nearby sites would be subject to intense environmental scrutiny.
Knoche Farms falls into this second category and has undergone thorough environmental investigation. The Town engaged the independent environmental experts at Hatch-Energy to objectively direct the scope of the investigation and review its results. Testing of soil and ground water was done by the project sponsor pursuant to the scope approved by Hatch-Energy. Hatch-Energy worked with the DEC and Department of Health to clarify issues relating to suitability for development.
Some elevated levels of underground arsenic, as are commonly found in land that has previously been farmed, were identified and they fall in the range specified as acceptable by DEC standards. The NYSDOH indicated that it had no concerns with developing the parcel for residential use. Hatch-Energy completed a qualitative risk assessment that identified the risk of severe health consequences as highly remote.
The Planning Board, Hatch-Energy and the Project Sponsors and their representatives were together able to complete this complex, lengthy and necessary task.
Full results are in the FEIS and its appendices and are summarized in the SEQR Findings being issued by this Board.
Mr. Fabinsky made a MOTION, seconded by Mr. Majchrzak, that the Planning Board ISSUE SEQR findings and APPROVES the findings as contained in the 16-
page Findings Statement prepared by the Planning Board and APPROVES the proposed action as consistent with the requirements of the State Environmental Quality Review Act. He further moved that the project be allowed to proceed to the subdivision review process.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD NAY
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE MOTION BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
Mr. Fabinsky made a MOTION, seconded by Ms. Bowers, that having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6NYCRR 617.9, this Statement of Findings certifies that:
1. The requirements of 6NYCRR Part 617 have been met.
2. Consistent with the social, economic and other essential considerations from among the reasonable alternative thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and
3. Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be mitigate or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable.
4. Consistent with the applicable policies of Article 42, of the Executive Law, as implemented by 19NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD NAY
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY NAY
THE MOTION BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS PASSED.
2. P.B. File #62-06, Kostelny Three-Lot Subdivision, 2.3 acres of vacant land, 7985 East Quaker Road, located on the south west corner of Quaker and Transit Road, Zoned R-1. Requesting Pre-Application Findings Review of a three-lot subdivision.
APPEARANCE: Mr. & Mrs. Kostelny, property owners/applicant
Mrs. Kostelny presented and explained the proposed project to the Board. She noted an existing residence is located on the proposed rectangular shaped property; there will be no new road constructed as access into the site is addressed via Route 20A and Transit Road.
Junior Engineer Thomas Ostrander confirmed that the project has full Erie County Health Department approval for the septic system and Erie County Highway Department approval has been granted. In addition, Mr. Ostrander noted the Town Engineering Department has no problem with the project’s Pre-Application Findings package.
Mr. Bernard made a MOTION, seconded by Mr. Majchrzak that the following Pre-application Findings are made based on the submitted sketch plan received 12/10/07 and the applicant has detailed:
· The total acreage is 2.3 acres.
· The desired zoning classification is R-1.
· The number of possible stages of completion is 1.
· 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 access to Transit Road.
3. Recreation area per Section 25-4 of the Town Code is not required.
4. Recreation fees, in lieu of Recreation area, in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing.
5. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
6. 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.
7. The applicant shall complete and submit the Short EAF for this Unlisted SEQR action.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bernard made a MOTION, seconded by Ms. Bowers, to AUTHORIZE the Chairman to set a public hearing date when he deems appropriate for Preliminary Plat Plan approval.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #34-07, 2861 Southwestern Blvd., Schneckenberger, Zoned B-2. Applicant is requesting a Change-In-Use from Residential Use to Office/Retail Space. Town Board referred to Planning Board on 12/14/07.
APPEARANCE: Mr. Steven Schneckenberger, applicant/property owner
Mr. Schneckenberger presented his proposed plan to the Board and explained that he would like the residential usage that exists on his property changed to Office/Retail. A recent fire at the site and subsequent improvements made has prompted Mr. Schneckenberger to request this Change-In-use to accommodate a possible tenant with a tool rental business. He told the Board that he is proposing to use the house located at the front of the property as an office and that the rear will be used for storage of the tools/equipment. He explained that, basically, the building footprint will remain the same; only an alcove area will be eliminated.
Chairman McNamara verified with Building Inspector Geist that the B-2 zoning allows a tool rental business. He cautioned Mr. Schneckenberger to avoid the look of clutter at the site (referring to the former ABC Tool Rental). Mr. Schneckenberger told the Board that the tools/equipment will be stored at the rear of the property (behind the building) in a fenced in area. He told the Board that he would not place equipment on the front lawn area.
Mr. Bernard questioned if a site plan review is needed. However, Building Inspector Andrew Geist told the Board that the existing structure has been renovated since the fire and that he has no issues with the proposal; minor changes were made internally and he feels there is no need for a site plan.
Mr. Majchrzak verified with Building Inspector Geist that if equipment is placed outside at the front of the building, he will need to return to the Board for an “Outside Display” review.
Mr. Murray established that the site is ADA compliant.
Mr. Majchrzak made a MOTION, seconded by Mr. Fabinsky to recommend that the Town Board APPROVE the requested Change in Use, at 2861 Southwestern Blvd. from Residential to Office/Retail Space based on the following conditions and stipulations:
1. This is an Unlisted SEQR Action and therefore no determination of significance is required.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #54-07, The Hammocks at Orchard Park, Phase 2, located on the east side of Orchard Park Road, Zoned R-3. Planning Board recommended approval of plan dated 10/20/03. Applicant is requesting that the Planning Board review a modified plan involving Buildings 320 & 340. Note: Conservation Board approved modified landscaping on 12/4/07.
Mr. Murray recused himself from this case due to a business relationship.
APPEARANCE: Mr. Linc Swedrock, BME Associates
Mr. Riedman, developer
Mr. Swedrock presented and explained a revised plan involving Buildings #320 & 340. He told the Board that the original plan had been approved in October, 2003.
The members’ questions established that Mr. Riedman revised the plan to slow down the building process, accommodating expenses and the rental market.
Junior Engineer Thomas Ostrander told the members that Mr. Brian Young had met late today with Town Engineer Wayne Bieler. He reported to the Board that Mr. Young submitted a plan that “phased the phase”. Mr. Ostrander stated that the Engineering Department must have revised a plan showing specific details, such as the roadway with a barricade, stop signs, proper storm water control of drainage low points along the roadway and the turn-around.
The Chairman noted that he feels it is logical to slow down the build-out at the site.
Mr. Bernard made a MOTION, seconded by Ms. Bowers, to TABLE the review of this case pending the receipt of a revised plan with details the Engineering Department requires.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY RECUSED
THE MOTION TO TABLE BEING FIVE (5) IN FAVOR, WITH ONE (1) RECUSAL, IS PASSED.
OTHER BUSINESS:
Planning Coordinator Orffeo discussed the following;
1. Outside display renewal reminders will be sent to various businesses.
2. Forest Creek subdivision; Attorney Leonard Berkowitz’s determination regarding the donation of wetland areas is not allowed. Mr. Steven Doleski of the DEC responded that there is no problem to the roadway connection with the existing Barrington Heights Subdivision through the wetlands areas.
The Chairman requests that Mr. Sorgi be contacted and asked to send a letter to clarify what he desires.
There being no further business, the Chairman adjourned the meeting at 8:15 P.M.
DATED: January 22, 2008 Respectfully Submitted,
REVIEWED: January 29, 2008 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman