` Minutes of the MARCH 12, 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 February 13, 2008 Planning Board meeting was unanimously waived as each Board Member had previously received a copy.
Mr. Bernard made a motion, seconded by Mr. Fabinsky, to accept the minutes of the February 13, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK ABSTAINED
MC NAMARA ABSTAINED
MURRAY AYE
THE MOTION TO ACCEPT THE MINUTES AS PRESENTED WAS UNANIMOUSLY APPROVED, WITH TWO ABSTENTIONS.
1. 7:30 P.M. Public Hearing, P.B. File #62-06, Kostelny One-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. Planning Board, under SEQRA, to conduct a public hearing. Pre-Application Findings were made on 1/9/08 based on the submitted sketch plan received 12/10/07.
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published 8/31/06, was presented and filed with the Board by the Planning Board Secretary.
The Chairman asked for those in favor of the project to speak.
IN FAVOR:
Mrs. Julie Kostelny
7985 East Quaker Road
Orchard Park, New York 14127
Mrs. Kostelny spoke in favor of the project.
IN OPPOSITION:
Mr. Richard Hanlon
7965 E. Quaker Road
Orchard Park, New York 14127
Mr. Hanlon voiced concerns regarding the following; lots were sold prior to completing the subdivision approval process, a septic system on one property encroaches on another of the properties and he believes the lots may not be in compliance with the Town code relative to size.
The Chairman stated that the Board will address these concerns after the Public hearing is closed, during the regular meeting.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to CLOSE the Public Hearing.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
APPEARANCE: Mrs. Kostelny, Applicant and property owner
The Planning Coordinator presented both the Preliminary Approval and Final Approval forms signed by the Town Engineer and Town Highway Superintendent. These documents shall be placed into the permanent file.
The Chairman conferred with Deputy Town Attorney Michael Wolf regarding Mr. Hanlon’s concerns and he asked Mrs. Kostelny to address what Mr. Hanlon had discussed.
Mrs. Kostelny explained what had taken place with the property and concluded she that due the septic system encroachment she purchased both parcels; the lots were then reconfigured and made conforming. All approvals were granted by Erie
County. She also told the Board that the lots were sold on a contingency basis; ownership cannot transfer unless final plat plan approval is granted by the Board.
Planning Coordinator Orffeo discussed the fact that the original proposal had been for a five-lot subdivision and that the project had been substantially diminished to meet Erie County Sewer Department requirements and frontage issues.
Mrs. Kostelny told the Board that the grading plan shows that a large percentage of the surface water shall be diverted away from Mr. Hanlon’s property and Junior Engineer Thomas Ostrander confirmed that surface water will be intercepted from the proposed home locations east to Transit Road and will be diverted towards Transit Road and away from Mr. Hanlon’s property.
Mr. Majchrzak made a MOTION, seconded by Mr. Bodden, to GRANT CONDITIONAL PRELIMINARY PLAT PLAN APPROVAL to this 1-lot subdivision based on the submitted Preliminary Plat Plan received 12/10/07 with the following conditions:
1. This is an Unlisted SEQR action based on the submitted Short EAF and a Negative declaration is hereby made on 3/12/08.
2. Public Hearing and Subdivision Development fees have been paid.
3. Recreation fees in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing.
4. 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.
5. Town Engineering Preliminary Approval was granted on 3/12/08.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
Mr. Majchrzak made a MOTION, seconded by Mr. Bodden, to WAIVE the FINAL PUBLIC HEARING.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED TO WAIVE THE FINAL PUBLIC HEARING.
Mr. Majchrzak, made a MOTION, seconded by Mr. Bodden, to GRANT Conditional Final Plat Plan Approval to this 1 lot-subdivision based on the submitted plat plan received 12/10/07 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on 3/12/08.
2. A negative declaration was issued on 3/12/08.
3. Public Hearing and Subdivision Development fees have been paid.
4. 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.
5. Town Engineering Approval has been granted on 3/12/08.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
2. P.B. File #2-08, Top’s, 3201 Southwestern Boulevard, Zoned B-2. Requesting Planning Board renewal of outdoor display.
APPEARANCE: Mr. Joe Zaccaria
Mr. Zaccaria stated that the outdoor display request is the same as the previous year.
The members discussed the request and possibly extending the renewal to every two years; however, they were not comfortable with a bi-yearly review based on the fact that a new manager may be appointed at the store.
Planning Coordinator noted that the current manger, Mr. Eric Wurl is always willing to correct any issue brought to his attention. However, if a new manager were put in place the Board could not be certain of the same standard.
Mr. Fabinsky made a MOTION, seconded by Mr. Bernard, to GRANT Outside Display from 3/24/08 to 11/1/08 based on the plan received on 1/20/08 with 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 the temporary structure.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
3. P.B. File #08-08, Village Fireplace and Stove, 3726 North Buffalo Road, Zoned B-3. Requesting Planning Board renewal of outdoor display.
APPEARANCE: Mr. Ray Perryman
Mr. Perryman explained that he would like to renew his outside display. There were no changes from the previous year’s information.
The Building Inspector discussed a correspondence he received from the Legion Post that is located on the south of Mr. Perryman’s property regarding Mr. Perryman’s display. They would like his display moved back a little farther so it does not interfere with their sign that promotes their events.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to GRANT Outside Display from 4/14/08 to 9/15/08 and 4/14/09 to 9/15/09 based on the plan presented to the Board on 3/12/08 with 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. Signage is limited to two outdoor banner signs 3’ x 7’ in size.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
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. Planning Board tabled their review of this item at their 2/13/08 meeting pending the receipt of additional information.
APPEARANCE: Mr. Ed Martin, Land Tech
Mr. Todd Bezenah, Regional Director of Family Video
Mr. Martin told the Board that the building being proposed is a prototype and that the information the Board requested at the previous meeting had been submitted for the Board’s review. Mr. Martin explained the submitted information as follows;
• A photometric plan was provided and he told the Board that there will be no soffit lighting. In addition, he met with the adjacent neighbors, the Walker’s. The Walkers indicated to him that they would like a gated fence enclosure and lighting at the rear of the building to address security issues they have. In the event there is a new property owner that would like lower lighting, Mr. Martin stated that Family Video will be willing to change the wattage of the light bulb.
• With regards to the glass obelisk; the building has been redesigned with the glass obelisk structurally joined. In addition, its height has been reduced to 22-feet, 8-inches.
• The typo-graphical error involved with the handicapped spaces on the Site Plan has been corrected.
• Clarification of the types of videos that will be rented or sold was provided to the Planning Office.
Mr. Murray discussed a press release concerning the City of Auburn; he asked if Mr. Bezenah understands the ordinances of the Town of Orchard Park as they pertain to “adult material”. Mr. Bezenah stated, “Yes, my understanding is that the Town would not like to see them in that store and we have agreed not to put them in there.” Mr. Bezenah noted several existing Family Video stores that do not stock adult videos i.e., Lancaster, Amherst, Tonawanda and Lockport.
Mr. Murray reconfirmed that Mr. Bezenah clearly understood the Town of Orchard Park ordinance regarding adult videos. He also discussed “unrated” films that could be considered “adult” films. The discussion concluded that adult films would be videos such as porn, or triple rated “X” films.
Mr. Murray established that there will not be a “special room” used for viewing adult videos, such as the one in the Lackawanna store. Mr. Murray stated that Family Video has promoted a standard for the proposed store as for “Family”, just by the title of the store; if the product were not, changes would have to be made.
Mr. Taneff verified that the applicants will not have adult videos for rent or for sale at the proposed store; in addition, there will be no viewing room, such as the one that exists at the Lackawanna store location. He also discussed the Conservation Board’s concerns regarding pedestrian safety. Junior Engineer Thomas Ostrander told the Board that the site is small, leaving little area for snow removal and drainage. However, excess snow will be removed at the site. He noted that it is safer for pedestrians and traffic to eliminate the islands areas that were recommended by the Conservation Board and that the Engineering Department has granted approval based on not having the island areas as they will make the site unsafe and impede drainage.
Mr. Bernard requests that the applicant submit a revised lighting plan indicating the fixture cuts for the wall packs. This information is to be provided prior to approval by the Town Board.
Mr. Bodden made a MOTION, seconded by Mr. Bernard, to recommend that the Town Board AUTHORIZE a Building Permit for a 7,200+/- sq. ft. Building and APPROVE the site plan received 2/11/08, based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short 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. Fixture cuts on the three (3) wall packs shall be submitted with full cut-offs and approved prior to Town Board approval
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 $12,404.75 shall be provided for the landscape plan received 9/25/07 which includes 10.4% total interior green space, prior to the receipt of a Building Permit.
7. The Zoning Board of Appeals granted two-area variances on 10/16/07; one for an 8-ft. rear setback and the other for front yard parking.
8. Per our Town Code, no pornographic/adult material will be displayed or shown, or sold or rented in either a public or private setting.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK NAY
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING SIX IN FAVOR AND ONE AGAINST, THE MOTION IS HEREBY PASSED.
5. P.B. File #54-07, The Hammocks at Orchard Park, Phase 2, located on the east side of Orchard Park Road, Zoned R-3. Applicant is requesting that the Board review a modified plan involving Buildings 320 & 340. Note: Conservation Board approved modified landscaping on 12/4/07. Planning Board tabled their review of this item at their 1/9/08 meeting pending the receipt of an updated plan.
Mr. Murray recused himself from voting in this case due to a business relationship.
APPEARANCE: Mr. Linc Swedrock, BME Associates
Mr. Swedrock stated that the site plan has been resubmitted clarifying details, as requested by the Town Engineering Department.
Ms. Bowers made a MOTION, seconded by Mr. Fabinsky, to APPROVE the revised site plan received 12/6/07 with the following stipulations:
1. A negative declaration, based on the submitted Long EAF, parts 1 & 2 was issued by the Town Board for the original approved site plan on 10/20/03.
2. A landscape completion bond has been previously provided in accordance with the Conservation Board minutes.
3. The dumpster currently on the site shall be properly screened with gates. Any other dumpsters on the site shall be screened in accordance with Section 144-25 of the Town Code.
4. No outside storage or display is permitted.
5. Town Engineering approval was granted on 3/12/08.
6. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lens.
7. The project will be completed in one phase.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY ABSTAINED
THE VOTE ON THE MOTION BEING SIX (6) IN FAVOR WITH ONE (1) ABSTENTION, THE MOTION IS HEREBY PASSED.
6. P.B. File #37-07, Quaker Crossing East, Stephen Kane, out-parcel located at the front of the Ashley Furniture Store, bordered on the south by Milestrip Road and on the west by Amelia Drive, Zoned B-1. Applicant is requesting a Building Permit and Site Plan approval to construct a 6,500 sq. ft. building. Town Board referred to Planning Board on 8/1/07.
APPEARANCE: Mr. Steven Kane, property owner/applicant
Mr. Patrick Mahoney, Lauer & Manguso Architects
Mr. Robert Blood, Lauer & Manguso Architects
Junior Engineer Thomas Ostrander told the Board that the overall site plan for Quaker Crossing was approved by the Town Board in 2005. At that time, the Town Attorney reviewed and accepted storm water and utilities private easements to provide for the future development of the entire site, no matter who the owner of the property was.
Mr. Murray established that there are a total of 327 parking spaces available on Mr. Kane’s site. Junior Engineer Thomas Ostrander told the Board that that the number of parking spaces at Mr. Kane’s site was calculated based on the tenant being a restaurant, which would have been (by code) 313 parking spaces. Therefore, if the tenant is retail, even more spaces would be available to exceed the requirement once again.
Mr. Fabinsky discussed a problem that occurred at the Ashley site with regards to the agreed upon landscaping plan. He stated that if the project is approved, he will propose a stipulation that landscaping, per the approved plan, is to be planted prior to the issuance of a certificate of occupancy.
Mr. Bodden established that the known tenant will be AT & T; however, Mr. Kane will return to the Board for review when a tenant is found for the remaining space.
Mr. Bernard discussed the elevation plan and lighting at the site. He concluded that there will be no additional light poles or fixtures. He also established that the proposed drive through indicated on the plan may be used for a bank and most likely not for a restaurant.
Planning Coordinator Orffeo noted that there is not ample queuing room for a business such as a “Tim Horton’s” or a “Dunkin Doughnuts”. He noted that Mr. Kane will return to the Board for review when a tenant is found for the remaining space.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to GRANT a Building Permit for a 6,500 sq. ft. building and APPROVE the site plan received 2/27/08 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 3/12/08.
6. A Landscape Completion Bond of $8,212.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 18.1% green space, prior to the receipt of a Building Permit.
7. Landscaping shall be completed prior to the issuance of a certificate of occupancy.
8. The Applicant shall notify the Planning Office when a tenant is found for the remaining building space; Planning Board will determine if review is necessary for approval to insure sufficient parking and green space.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS HEREBY PASSED.
7. P.B. File #17-07, Mr. D’s Tire Shop, Vacant Land located on the north side of Southwestern Blvd., Zoned I-1. Requesting a Building Permit and Site Plan approval to construct a new 6,000 sq. ft. facility to relocate the existing “Big D” retail tire store. Town Board referred to Planning Board on 4/4/07.
APPEARANCE: Lowell Dewey, C & S Engineers
Mr. Dewey presented and explained the Site Plan to the Board. He told the Board that the property drains away from Southwestern Boulevard. The parking requirement has been met and the site will have 17-parking spaces. There will be no oil changes performed; all setback requirements have been met and the curb cut location has been approved by the NYS D.O.T. In addition, the sanitary sewer connection has been approved by the Erie County Department of Environment and Planning.
Junior Engineer Thomas Ostrander noted that as Mr. Dewey stated, the drainage at the site has always flowed to the rear of the property. The Town Engineering Department has recommended that a drainage swail be installed to collect the water from this site and the two adjacent sites (Mr. Keith Fisher owns the property located at the rear and Eye Care Vision Associates owns the property located on the east). As of this date, Mr. Fisher has not agreed to an easement. Town Engineer Wayne Bieler contacted the Town Attorney regarding this matter. Junior Engineer Thomas Ostrander noted that the Town Attorney feels that it is acceptable;
it would meet the Town Code to restrict drainage flows to existing sheet flow conditions. This will entail restricting the proposed development runoff to the existing runoff by restricting the site runoff to the 10-year 24-hour design storm for pre-development peak rate of runoff to the equitant percolation rate through a berm/weep, while providing detention for both the 25-year and the 100-year 24-hour design storms volumes for post-development peak rates of runoff on your proposed sites. Please note this could still possibly impact the adjacent properties wetland and be possibly blocked by the adjacent property owners, and result in a dispute between neighbors. This is not the recommended method; the Town Engineer recommends a drainage swail be put in to benefit all parties. The site detention design went beyond what is normally done for a site as it includes detention up to the post development 100-year, 24-hour design event.
It was recommended by the Town Engineering Department that an open ditch be installed tying into the South Benzing drainage system. This would properly handle the flow from the new development and across to Mr. Fisher’s property.
The Board discussed the drainage system with Junior Engineer Thomas Ostrander. It was concluded that if Mr. Fisher were to put in the ditch (swail) as recommended there would be no impact on the area; if Mr. Fisher puts in a berm, the water would drain to the west and go around the berm, which is the way it runs currently.
It was established that a detention pond will be located at the rear of the site. The Board reviewed the Site Plan to verify where the water would drain to.
Mr. Bernard discussed the “missed opportunity” to have one driveway across from Taylor Road. He wonders how this happened.
Junior Engineer Thomas Ostrander explained to the Board that it could become a maintenance issue and which property would you place the driveway on? Also, which property would you place the commercial signage on? The NYS D.O.T. approved two separate owners with two separate driveways. In their letter dated 2/29/08, the NYS D.O.T. noted that the traffic generated by the proposed projects will not have a significant impact on the State highway system. There is the possibility of the realignment of South Benzing in the future and site modification of Eye Care Vision Associates may occur at that time. Eye Care Vision Associates would need to purchase property from Keith Fisher to have this evolve.
Planning Coordinator Orffeo stated that he feels the NYS D.O.T. missed the opportunity to reduce a potential traffic hazard. It would have made more sense if the NYS D.O.T. had required the applicants to have one drive way across from Taylor Road. This is a missed opportunity as the NYS D.O.T. is presently working on Route 20.
Mr. Bernard stated that he appreciates Mr. Ostrander’s comments. Mr. Bernard requests that the applicant submit information regarding the fixture cuts. It was established that the short SEQR form was filed as there will be no oil changes; the site is under one-acre, and a full, extensive SEQR had been performed on the adjacent rear property for the proposed Fisher Bus site. The Planning Coordinator noted that he saw no need to pursue a full SEQR; however if the Board directed him to do so he would have the applicant prepare one.
Mr. McNamara made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board AUTHORIZE a Building Permit for an 6,000 sq. ft.; building and APPROVE the Site Plan received 1/31/08 based on the following conditions and stipulations:
1. This is Unlisted SEQR action based on the submitted Short 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. Wall pack fixture cut-off information shall be supplied to the Planning Office and approved, prior to the Town Board approval.
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 3/12/08.
6. A Landscape Completion Bond of $9,700.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 40.6% green space, prior to the receipt of a Building Permit.
ON THE QUESTION:
Mr. Fabinsky established that the drainage from Mr. Fisher’s property will not have an impact on “Big D Tire’s” property.
THE VOTE ON THE MOTION BEING:
BERNARD NAY
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY NAY
THE VOTE ON THE MOTION BEING FIVE IN FAVOR AND TWO AGAINST, THE MOTION IS HEREBY PASSED.
8. P.B. File #18-07, Eye Care & Vision Associates, 3712 Southwestern Blvd., located on the north side of Southwestern Blvd., east of South Benzing Road, Zoned I-1. Requesting a Building Permit and Site Plan approval to construct a 7,680-sq. ft. single story building to be used for a new eye care medical office and tenant space. Town Board r