Planning - May 14, 2008

Minutes of the MAY 14, 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

EXCUSED: Paul Bodden

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 April 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. Bernard, to accept the minutes of the April 9, 2008 meeting as presented.

THE VOTE ON THE MOTION BEING:

BERNARD AYE

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 #19-08, Panera’s, 3995 North Buffalo Road, located in “The Orchard” Plaza, Zoned B-2. Requesting Planning Board approval of outdoor seating. (Renewal)

APPEARANCE: Mr. Samuel Di Vincenzo, General Manager

Mr. De Vincenzo described the outdoor seating plan to the members.

The Boards’ questions established that there will be no more than 12-tables located outside. They also discussed a correspondence dated 4/14/08 sent to Mr. Di Vincenzo from Town Building Inspector Andrew Geist that dealt with the issue of the outdoor seating existing prior to the Planning Board granting a renewal for 2008.

Mr. Di Vincenzo told the Board that he was appointed General Manager in 2007 after the patio furniture had been placed outside and that he had not been aware of the protocol that had been in place. He told the Board that it was never his intention to have the outdoor furniture placed outside intentionally to anger the Board. To complicate matters, he had a death occur in his family and he was out of town for several weeks. He told the Board that the outdoor furniture is stored in Rochester and it had not been possible to remove it and have the pieces stored at the site.

Mr. Murray discussed handicap accessibility within the outdoor seating area. Mr. De Vincenzo noted that Benderson Development has indicated that they will provide an additional curb cut to aid wheel chair bound customers.

Chairman McNamara told Mr. Di Vincenzo that it is his responsibility to return, prior to the expiration of what the Board has granted, each year for renewal.

Mr. Fabinsky made a MOTION, seconded by Ms. Bowers, to GRANT the renewal of the patio outdoor seating as follows:

1. This is a Type II SEQR action and therefore no determination of significance is required.

2. There will be no more than 12-tables seating no more than 30-people; these tables will be in place no early than April 1st, no later October 31, 2008.

3. The applicant is to provide Planning Coordinator appropriate photographs and descriptive material as he has requested.

THE VOTE ON THE MOTION BEING:

BERNARD NAY

BOWERS AYE

FABINSKY AYE

MAJCHRZAK AYE

MC NAMARA AYE

MURRAY NAY

THE MOTION BEING FOUR (4) IN FAVOR AND TWO (2) AGAINST, THE MOTION IS HEREBY PASSED.

2. P.B. File #22-08, Moe’s, 3165 Southwestern Boulevard, located within the Cross Roads Plaza, Zoned B-2. Requesting Planning Board approval of outdoor seating. (Renewal)

APPEARANCE: Ms. Lynn Cichon, representing Moe’s

Ms. Cichon told the Board that she is requesting a renewal for outdoor seating, noting that the plan is the same as last year’s.

Mr. Fabinsky noted that the original terms agreed to by Mr. Brad DeGrazia for outdoor seating included eliminating the storage of trash and parked vehicles behind the building. He also noted that at the time of the plaza’s approval it was stipulated that there was to be no parking behind the building. Although, Mr. Fabinsky has not recently observed trash behind the building he has observed parked vehicles there; he asked who was parking there. Ms. Cichon told the members that she is from the Rochester location and that she could not answer who was parking here.

Mr. Fabinsky stated that he is uncomfortable voting for this request. He would like someone from Moe’s that could speak regarding this matter. In addition, Planning Coordinator Orffeo asks that Ms. Cichon provide current photos of the outdoor display once approval is granted. He would also like to know if the fencing will remain in place each year.

Mr. Majchrzak told Ms. Cichon that she needed to appear before the Board with representation such as a store manager or the owner of Moe’s.

Mr. Fabinsky made a MOTION, seconded by Mr. Majchrzak, to TABLE the review of this case pending additional information regarding parking, seating, fencing and submission of a table plan. The petition will be heard again only if the manager from the establishment is present.

THE VOTE ON THE MOTION BEING:

BERNARD AYE

BOWERS AYE

FABINSKY AYE

MAJCHRZAK AYE

MC NAMARA AYE

MURRAY AYE

THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.

3. P.B. File #9-08, Julie Wettlaufer Director, “Wee Can Preschool and Childcare”, 40 Centre Drive, Zoned I-1. Applicant is requesting A Change-In-Use to operate a day care center, in the Quaker Centre. Town Board referred to Planning Board on 3/19/08. Zoning Board of Appeals granted a Use Variance on 4/15/2008.

APPEARANCE: Ms. Wettlaufer, applicant

Mr. Peter Krog III

Ms. Wettlaufer told the Board that she presently operates the only New York State certified full-day integrated preschool program in the immediate area. Her total

enrollment is 12-children. She explained that the type of care she offers is sought by both residents and the Orchard Park School district; therefore, she has a waiting list and she has outgrown her present location. Ms. Wettlaufer told the members that it will be possible to have approximately 60-children enrolled at the proposed day care center and that she would anticipate hiring 20-employees for the facility. She discussed the fact that she has a high staff ratio to work with the children at her present day care center and she maintains higher standards than what New York State sets for day care facilities. There will be two entrances into the site and Building Inspector Geist confirmed that there are no problems with the number of parking spaces provided at the site.

Mr. Majchrzak made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board APPROVE the requested Change in Use at 40 Centre Drive from office space to a Day Care Center, in the Quaker Centre, based on the following conditions and stipulations:

1. This is a Type II SEQR Action and therefore no determination of significance is required.

2. The Zoning Board of Appeals granted a Use Variance on 4/15/2008.

THE VOTE ON THE MOTION BEING:

BERNARD AYE

BOWERS AYE

FABINSKY AYE

MAJCHRZAK AYE

MC NAMARA AYE

MURRAY AYE

THE MOTION WAS UNANIMOUSLY APPROVED.

OTHER BUSINESS:

1. 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. Board to discuss SR designation request.

APPEARANCE: Mr. Kenneth Franasiak, President Calamar

Mr. Samuel Reeder, Director Senior Services

Mr. Anton Karoglan, Director Finance

Ms. Robyn Cierniak, Engineer - Clough Harbor Associates Mr. Phil Silvestre, Silvestre Architects

Mr. Franasiak gave a brief presentation of the proposed project to the Board members and the following was established:

• The site consists of approximately 20-acres of vacant land, Zoned B-2 and R-3. The applicant proposes to develop 140-independent apartments for seniors, upon 12-acres of the site.

• The housing will not be assisted living; this will not be a tax credit project or HUD based project.

• The applicant is seeking a “SR” designation.

• The Board would like information about Calamar:

(a) Who is the company?

(b) Are they a private or publicly held corporation?

•The Board would like the following questions answered/addressed:

1) What benefit to the community does the project have, including statistics showing need?

2) What would the potential uses of the site be, if the current project fails at some point in time?

3) How does Calamar visualize this project and its consequences relative to SEQR and are there any segmentations of the project? What SEQR classification will this project have?

4. A thorough review of a full EAF is needed prior to the Board’s recommendation of a change in zoning.

5) It was noted that the building is very narrow and very long; the Board requests that the applicant provide substantial screening for the project. Please provide details of how you would accomplish this screening.

6) The Board is concerned about the cul-de-sac. Please verify with the Town Engineering Department that it is compliant with the Town Code.

7) Address the issue of safety and response time by police, fire and emergency services. Please include the average monthly emergency calls requiring EMT and/or fire response at other similar facilities owned by Calamar.

8) In terms of commercial liability for the project, what would be the minimum number of units and at what point is the project non-viable?

9) The Board would like an aerial photo of the site with the following shown:

(a) An overlay showing the proposed building and blacktop areas.

(b) An overlay showing Eaglebrook Drive and Minden Drive.

10) Information on drainage management with regards to the flood plain.

• A land donation to the Town was discussed noting that the flood plain, trails and land supporting the building footprint would be impacted.

Junior Engineer Thomas Ostrander stated that not enough data has been submitted to review the project. The applicant is advised to discuss the project with the Town Engineer further.

The Chairman noted that this is a concept review and he discussed the expense borne by the petitioner in providing site plan information prior to rezoning that may or may not take place. The Planning Coordinator stated that he will discuss the project with the Town Engineer and a representative from Calamar further to determine how to proceed in order to answer the Board’s questions.

Mr. Franasiak noted that he scheduled an informational meeting in the Town of Orchard Park Basement Meeting room at 7:00 P.M. on June 2^nd with area neighbors and he invites the Planning Board members to attend.

There being no further business, the Chairman adjourned the meeting at 8:30 P.M.

DATED: May 27, 2008 Respectfully Submitted,

REVIEWED: May 27, 2008 Rosemary M. Seivert

Planning Board Secretary

William McNamara,

Planning Board Chairman