(Corrected minutes, page two, paragraph 2, line 2, spelling of word “lose”)
Minutes of the JUNE 11, 2008 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: William McNamara, Chairman
Kim Bowers
Harold Fabinsky
Eugene Majchrzak
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: John Bernard
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 May 14, 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 May 14, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION TO ACCEPT THE MINUTES AS PRESENTED WAS UNANIMOUSLY APPROVED.
NEW BUSINESS
1. P.B. File #22-08, Moe’s, 3165 Southwestern Boulevard, located within the Cross Roads Plaza, Zoned B-2. (SBL#153.13-1-6.2) Requesting Planning Board approval of outdoor seating. (Renewal) Board tabled their review of this request at the 5/14/08 meeting.
APPEARANCE: Mr. Brad DeGrazia, Owner
Chairman McNamara verified that Mr. DeGrazia understood why his request was tabled by the Planning Board at the May 20, 2008 meeting. Mr. DeGrazia stated that he understood it was due to the Board’s concerns regarding vehicles that were parking behind the building. Chairman McNamara further verified that the Moe’s restaurant located in the plaza owns a “Hummer” vehicle and that this vehicle was parked in front of the plaza, while employee vehicles were parking at the rear of the store. The Moe’s management stated that it was safer for employees to park there. However, Chairman McNamara told Mr. DeGrazia that the Board stipulated in 2006 that there was to be no parking at the rear of the building when they granted the renewal of Mr. DeGrazia’s outdoor seating request. He also discussed the issue of trash that was left outside at the back door and a railing along the “outdoor patio area” that was to be removed each year. He noted that the trash issue seems to be resolved; however, the railing remains at the end of the season.
Chairman McNamara stated that when the Board approves a request, conditions made must be met; the Board can not lose their ability to dictate. He also discussed the fact that at the May 20, 2008 meeting the applicant was made aware, through the appearance of his representative, Ms. Cichon, that the Planning Board did not want vehicles parking at the rear of the building; yet, even up to this moment, this practice was still occurring at the site. The Chairman noted that actions speak louder than words and he felt the case should be tabled.
Building Inspector Geist stated that he reviewed the written minutes. He finds that no parking was discussed behind the building; however, he could not find that it is stipulated by either the Town or Planning Boards that there is to be no parking at the rear of the building.
Mr. Fabinsky stated that both he and Board member Phil Murray remember the stipulation being made and agreed to at the time of the initial plaza approval.
Planning Coordinator Remy Orffeo stated that he will review the plaza’s approved Site Plan to determine if the “no parking” stipulation was noted on the plan.
The Board discussed the parking at the rear of the building further and told Mr. DeGrazia that they would like parking at the rear of the restaurant to cease immediately in order to assist safety vehicles that may need to turn into the site at the rear of the building. Mr. DeGrazia noted that he is agreeable to “no parking at the rear of the building”; however, he requests that he be allowed to unload and load for deliveries at the rear of the building. Mr. DeGrazia asked if the “no parking” rule be applied to the rest of the plaza also.
The Board concluded that the parking of vehicles that has been taking place behind the Moe’s restaurant is not just a problem with the Moe’s restaurant; this is a plaza issue. Building Inspector Geist will contact DDR, owners of the plaza, regarding this matter and ask that “no parking” signage be erected along the entire back side of the plaza.
The Board concluded that they would like Mr. DeGrazia to have a 32-day trial period for his outdoor patio request.
Mr. Fabinsky, made a MOTION, seconded by Mr. Majchrzak to GRANT the renewal of the outdoor patio seating (for twelve (12) persons) from 6/12/08 to
7/14/08 with the option for an extension at that time with the following conditions:
1. Vehicle Loading and unloading at the rear of the building is limited to 30- minutes.
2. This is a Type II SEQR action and therefore no determination of significance is required.
3. No employee parking is allowed behind the building.
4. Building Inspector Geist is to revisit the parking policy with the plaza owner DDR to have the site brought up to Planning Board conformity.
5. If the request is extended beyond 7/14/08, through to 11/1/08, the fence, table chairs and umbrellas are to be removed.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File ##27-08, Sofas, Etc., 3170 Orchard Park Road, Zoned B-2. (SBL#152.16-5-3.1/B) Requesting Planning Board approval to erect a 45’ x 30’ vinyl tent within the north west corner of the front parking lot.
APPEARANCE: Mr. Joseph Denisco, applicant
Mr. Denisco presented photos of his property and explained to the Board that he would like to erect a tent for the comfort of his customers while they shop for a scheduled “out door sale”.
Chairman McNamara verified that the tent would be erected in June from 6/3/08 through 6/25/08 and in July from 7/22/08 through 8/7/08.
Mr. Fabinsky established that the tent is constructed per the NYS fire code standards and that Building Inspector Geist performs an inspection once the tent is erected.
Chairman McNamara made a MOTION, seconded by Mr. Fabinsky, to GRANT Outside Display from 6/3/08 to 6/25/08 and from 7/22/08 to 8/7/08 based on the site plan received 6/3/08 based on the following stipulations:
1. This is a Type II SEQR action and therefore no SEQR determination is required.
2. There will be no additional outside lighting for the display or temporary structure.
3. There will no banners or additional signage for this facility.
4. The tent will be taken down on June 26, 2008 and August 7, 2008.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #29-95, Pine View Gorge, 5899 Scherff Road, proposed 5-lot subdivision, Zoned A-1. (SBL#185.03-3-28) Pre-application Findings were made on 4/12/06 and Preliminary Plat Plan Approval was granted on 2/16/00. Final Plat Plan Public Hearing was held 12/12/07; Board Tabled review of project.
APPEARANCE: Mr. Rob Pidanick, Greenman Pedersen, Inc.
Mr. Pidanick stated that two items created the Board’s tabling this item in 2007. Both items have been resolved; the recreation fee has been paid and that the street name was chosen and is “Emerald Hills Terrace”. He told the Board that he is awaiting Erie County approval of the plan with the revised street name.
Mr. Taneff discussed his concerns regarding the buffering of neighbors located at the north and south of the subdivision’s entranceway. It was established that the R.O.W. clearing limit is 100-feet and that a future property owner can cut whatever he chooses to within the limits of their building lots. It was also established that it is long past any and all public hearings for this project; sight distance is an issue at the entrance if additional buffering would be added.
Ms. Bowers made a MOTION, seconded by Mr. Majchrzak to GRANT Conditional Final Plat Plan Approval to this five (5) lot subdivision based on the submitted plat plan received 8/31/07 with the following conditions:
1. Public Hearings were held on 1/12/00 and 12/12/07.
2. Conditional Preliminary Plat Plan approval was granted on February 9, 2000.
3. A negative declaration was issued on December 12, 2007. (Updates the February 2, 2000 negative declaration.)
4. Public Hearing and Subdivision Development fees were paid on January 13, 2000.
5. Recreation fees of $13,000, in accordance with Section 144-70E of the Town Code have been provided.
6. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 121-66 of the Town Code.
7. Town Engineering Approval has been granted on December 5, 2007.
8. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
9. All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
THE VOTE ON THE MOTION BEING:
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
1. P.B. File #23-08, Woodbridge Contracting, 5285 & 5287 Chestnut Ridge Road, located on the east side of Chestnut Ridge Road. (SBL#’s 185.05-3-11.1 & 185.05- 3-13) Applicant is requesting to rezone property from R-3, Special Medical to R-3 Special Exception Use for Multiple Dwellings. Town Board referred to Planning Board on 5/21/08. Planning Board to review concept plan.
APPEARANCE: Mr. Dennis Boyle, applicant
Mr. Boyle told the Board that he is requesting the rezoning of this property; currently, it is zoned R-3 Special Medical. Mr. Boyle is seeking to rezone the property to R-3 Special Exception Use for Multiple Dwellings. He noted that the site is in deplorable condition and that it has been vacant for approximately six (6) years. Mr. Boyle submitted a study for the Board’s review. indicating that converting the property into apartments would be the best use of the property.
The Board members discussed the project with Mr. Boyle. It was noted that the project is non-conforming and that it must acquire variances. Mr. Boyle told the Board that he had wanted to obtain the Board’s opinion on the project prior to moving forward. The Board conclude that they would like additional information regarding demographics, traffic, and an aerial color overlay. The consensus of the Board is that they are favorable to the project.
The Planning Coordinator noted that Mr. Boyle must apply to the Zoning Board of Appeals and obtain the appropriate variances before returning to the Planning Board.
2. P.B. File #14-08, Calamar/Senior Services, Inc. is requesting SR designation and is proposing to develop a 140-unit Independent Living Apartment Complex, (Eagle Crest Senior Apartments) upon Vacant Land located at the end of Weiss Avenue (west end), Zoned B-2 and R-3. (SBL#’s 152.12-3-11 & 152.11-3-22). Town Board referred to Planning Board on 4/2/08. Planning Board to review concept plan additional information.
APPEARANCE: Mr. Kenneth Franasiak, President Calamar
Mr. Anton Karoglan, Director Finance
Mr. Phil Silvestre, Silvestre Architects
Mr. Paul Bowers, Wm. Schutt & Associates
Mr. Adam Walters, Phillips Lytle, Attorney
Mr. Franasiak presented information submitted in response to questions previously raised by the Board. He also reported on a meeting that took place with approximately 25-residents of the area, noting that based on the comments received, the project was down sized to 90-units and relocated on the site.
Mr. Walters discussed the SEQR process, noting that this project will be classified as a Type 1 Action, as it is located next to a public park.
Mr. Murray stated that he will want all information prior to making a recommendation to the Town Board.
Planning Coordinator Orffeo told the applicants that revised plans must be submitted to the Planning Office. The applicant noted that the plans go beyond the 100-years 24-hour storm level with storm water control..
3. 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. (SBL#152.20- 1-19.111) FEIS accepted on 1/9/08. Planning Board to review concept plan.
APPEARANCE: Mr. Rob Pidanick, Greenman Pedersen
Mr. Pidanick discussed the presented concept plan. The board had the following comments:
• The entranceway onto Milestrip should be a “boulevard” style/type for the safety of emergency vehicle access.
• The Fire Commissioners will be contacted and asked if they have any concerns.
• The following memo from the Town Engineer was presented by Thomas Ostrander, Junior Engineer and was discussed:
MEMORANDUM
ORCHARD PARK, NEW YORK
FROM: Wayne L. Bieler, P.E., Town Engineer DATE: June 11, 2008
TO: Planning Board
SUBJECT: Knoche Farms Site Plan Concept
________________________________________________________________________________
Having reviewed the latest Concept Site Plan for the Knoche Farms Subdivision, which deleted one cul-de-sac, this Department does not have a problem with the developer proceeding to pre-application and the preliminary design but has the following recommendations that the Planning Board should considered and include in any resolutions of the Planning Board.
o Per the Planning Boards request, with regards to future access, the only possible future connection in addition to those shown would be to the north through the Haas property and a possible connection to Michael Road.
o Revise Sublot Nos. 76 and 84 property boundary limits to convey approximate half of the retention pond and the area between the pond and the northwest corner of the site to the Town of Orchard Park as well as any additional necessary public drainage easements. This will provide the needed access to the pond to the Town for maintenance and public accessibility.
o Presently the two access points to the proposed 7.256 acre Town Recreation Area measure 51-feet and 15-feet width respectively; revise so that each are 33-feet in width to meet minimum Town standards. Sublot can easily be adjusted.
o “Square –of” the radii at each proposed intersection to meet common standards of a typical map cover.
o Pending showing nearby streams and wetlands to the west and northwest of the site, and also show the positive outlet from the proposed site’s retention pond to these features.
The Planning Coordinator noted that the Site Plan is to be updated and the project will move forward to Pre-Application Findings once all concerns are addressed.
There being no further business, the Chairman adjourned the meeting at 9:25 P.M.
DATED: June 19, 2008 Respectfully Submitted,
REVIEWED: June 20, 2008 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman