Minutes of the NOVEMBER 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
Philip Murray
EXCUSED: Eugene Majchrzak
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 at 7:30 P.M. 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 the October 8, 2008 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Bodden, to accept the minutes of the October 8, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS:
1. P.B. File 06-08, Tim Horton’s Restaurant, 3878 Southwestern Blvd., located on the north side of Southwestern Blvd., west of the existing Mobile gas station at the intersection of Southwestern Blvd./Abbott Road, Zoned B-2. (SBL#161.09-12) Requesting Planning Board approval of proposed signage.
APPEARANCE: Mr. Ralph Lorigo, Attorney
Mr. Lorigo stated that there are six (6) signs and a speaker proposed for the site. The Board members’ discussed the proposed signage and it was established that all of the signs will be illuminated; the signage is located low, above the ground and it was determined that the signage should not obscure vision with line of site, while operating a motor vehicle.
Mr. Bernard made a MOTION, seconded by Mr. Fabinsky to GRANT approval of the following identification signs based on the submitted plans received October 8 2008:
1. This is a Type II SEQR action and, therefore, no determination of significance is required.
2. Entrance, exit, identification, traffic control and projecting signs are permitted by Section 144-38H. The following signs are approved:
(1) Tim Horton’s preview sign, 2’-11” wide by 7’-7” high.
(Sign #7 on location plan.)
(1) Tim Horton’s menu sign, 59-1/8” wide x 80-7/8” high with an over all
height of 98- 3/8”. (Sign #5 on location plan.)
(1) Tim Horton’s speaker sign, 3’-4” wide by 3’-4” high.
(Sign #6 on location plan.)
(1) Directional “Enter” sign (sign #8 on Location Plan),
(1) “Thank You/Do Not Enter” sign (Sign #9 on location Plan) and
(1) “Tim Horton’s Drive Thru” sign (sign #10 on location Plan), each
sign 31” wide by 21-1/2” high with an over all height of 4’-6” above grade.
3. The drive-thru “Thank You”, “Do Not Enter”, “Pick Up Window”, “Menu” and “Enter” signs are illuminated from dusk to dawn.
4. The signs will be located per the approved location plan dated October 8, 2008.
5. A permit fee shall be paid in accordance with Section 144-70A(1).
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #46-08, Tool Hub, 2861 Southwestern Blvd., located on the south side of Southwestern Blvd., Zoned B-2. (SBL#153.06-2-4) Applicant is requesting Planning Board approval of outdoor display.
APPEARANCE: Todd Hoellig and Susan Hoellig, Applicants
Mr. Hoellig told the Board that he would like to display (weather permitting) rental equipment during business hours, Monday through Saturday, 7:30 A.M. – 5:30 P.M., on the west side of the building, not interfering with the building entrances or exits. During the winter months there will be fewer items placed outside. Mr. Hoellig presented photos representing what will be displayed outside for the Board’s review.
The Board members’ questions established that equipment placed on display will not exceed a total of 15-items. The rental equipment will not be placed on the lawn area or along the roadway; however, it was also learned that only one parking space will be used at the site.
Mr. Bernard stated that he does not support using the front yard parking spaces to display rental equipment, nor the one parking space as shown in the presented photos. Mr. Hoellig stated that he could move the item (Bob-Cat) out of the parking space if this is an issue. Mr. Hoellig explained that the front yard parking exists at the site; however, additional parking is at the rear of the building. He does not feel that the parking at the front area is the main parking area for the facility, as this area is used for loading and unloading of the rental equipment; perhaps, two-vehicles may use the area at any given time. Most customers use the rear and side of the building for parking.
Mr. Bodden told the applicant that if the Board finds that there are no issues with the applicant’s site, they will consider a renewal of this request after one-year, to possibly every two-years.
Mr. Fabinsky noted that if the Board approves the request he would like a stipulation to be made regarding the location of the items to be displayed.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky to GRANT Outside Display of rental equipment during normal business hours, 7:30 A.M. to 5:30 P.M., based on the Site Plan received October 23, 2008 and the following stipulations are to apply:
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 outside display is limited to fifteen (15) pieces of equipment for a one-year period with no display further north than the northern most existing paved parking space from 11/1/08 through 11/30/09.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD NAY
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION BEING FIVE (5) IN FAVOR AND ONE (1) AGAINST THE MOTION IS APPROVED.
3. P.B. File #32-07, Dominick Piestrak, proposed “Village Home Subdivision”, Milestrip Road, Vacant Land, located on the south side of Milestrip Road, west of Transit Road, Zoned Conservation Management Overlay District (CMO). (SBL#162.08-2-4.3) Requesting Pre-application Findings Review of a proposed 48-lot subdivision upon this 49-acre site under CMO regulations.
APPEARANCE: Mr. Nicholas Piestrak, Developer
Mr. Ken Zollitsch, GPI
Mr. Zollitsch told the Board that based on Town of Orchard Park Engineering Department’s comments revisions were made on the presented plan as follows;
• An access road has been provided for each pond.
• The lot count was reduced to 47-lots due to the revisions that were made.
• A recreation area was added to the site to be used by the residents of the subdivision.
• Wetland areas are indicated on the site plan.
• Comments on site distances along Milestrip Road are forthcoming; the entranceway will be properly placed once this information has been obtained.
• The project has maintained 70% open space.
Mr. Murray asked the applicants for clarification on a previous question he asked during the October “Concept Review” meeting involving the applicant’s uncertainty of the distance of the project from the Nike Base. Mr. Murray would like to know what the implications would be for the Town of Orchard Park if the measurement is within 2,000-feet of this site.
Chairman McNamara stated that he would like the applicant to provide what the actual (number) answer to this question is to enable the Board to know where the project lies in relation to the measurement.
The Board members discussed the project’s location with Mr. Piestrak relative to the Nike base in depth.
Mr. Bodden established that if the project lies within the measurement of the 2,000-feet radius, the full SEQR law will need to be followed.
The Board discussed voting on the proposed Pre-Application Findings; however, Mr. Bernard noted that Motion Item #6 involving the Environmental Assessment Form to be submitted by the applicant was “too open”, in his opinion. He would like the motion to specifically outline what the Board is looking for from the applicant in the SEQR document.
Mr. Fabinsky stated that he feels the Board should table their review of this item pending receipt of information that has been requested by Mr. Murray.
The Planning Coordinator discussed the process and the acceptance of Pre-Application Findings with the Board members. He concluded that when making the motion for Pre-Application Findings the Board is approving/acknowledging what the applicant has submitted to the Board. If the process is to be changed a revision to the Town Code would need to be made.
Mr. Fabinsky made a MOTION, seconded by Mr. Murray to TABLE the Board’s review of this case.
THE VOTE ON THE MOTION BEING:
MC NAMARA NAY
BERNARD AYE
BODDEN NAY
BOWERS NAY
FABINSKY AYE
MURRAY AYE
THE MOTION BEING THREE (3) IN FAVOR AND THREE (3) AGAINST THE MOTION FAILS.
Mr. Bodden made a MOTION, seconded by Chairman McNamara, to APPROVE the following Pre-Application Findings as follows:
The Orchard Park Town Board, on March 19, 2008, approved the rezoning of the one (1) acre bordering Milestrip Road from R-2 to R-1; and
The Orchard Park Town Board, on March 19, 2008, approved the rezoning of the fifty (50) acre parcel from R-1 to Conservation Management Overlay District (CMO); and
The Planning Board hereby makes the following Pre-application Findings based on the submitted sketch plan received 10/24/08 noting that the applicant has detailed:
· The total acreage is 50 +/-.
· The desired zoning classification is R-1.
· 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 is County Highway #179, Milestrip Road.
3. Recreation area per Section 25-4 of the Town Code is not required.
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 EAF, Parts 1, 2, & 3 shall be submitted.
7. Per local law entitled Conservation Management Overlay District (CMO) no less than 25% of the gross acreage shall be designated open space.
ON THE QUESTION:
Mr. Bodden asked the Board if there was anything in his motion he could add to Item #6 that would satisfy the descending members’ opinions and allow the motion to be approved and the project moved forward.
Mr. Fabinsky stated, (for himself) “No”.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD NAY
BODDEN AYE
BOWERS AYE
FABINSKY NAY
MURRAY NAY
THE MOTION BEING THREE (3) IN FAVOR AND THREE (3) AGAINST THE MOTION FAILS.
The Board discussed the project further with the applicant. The discussion concluded with the applicant agreeing to submit a Site Plan showing the portion of the property that lies within the 2,000-feet radius of the Nike Base. The Board will review this submission and advise the applicant what they will request; specifics of what will be requested in the EAF, Parts 1, 2 and 3 will also be advised.
4. P.B. File #43-08, WNY Pediatrics, 5800 Big Tree Road, located on the north side of Big Tree Road, west of Route 219, Zoned I-1. (SBL#172.07-1-9.12) Applicant is proposing to construct an 8,000-sq. ft. expansion to the existing parking lot to provide additional parking spaces. Town Board referred to Planning Board on 9/17/08.
APPEARANCE: Mrs. Pat Bittar, Wm. Schutt & Associates
Dr. Gerald Lauria, Applicant
Mrs. Bittar explained to the Board that the high volume of clients has created the need for additional parking at this site. Clients are forced to seek parking along Route 20A. She told the Board that the landscaping plan for the project was approved by the Conservation Board on 9/30/08.
Mr. Bernard established that the existing building is approximately 10,500-square feet. The proposed expansion will create a total of 69-parking spaces at the site; presently, there are 34-parking spaces, 27-parking spaces are proposed. Mr. Bernard discussed the size of the existing parking spaces at the site, which is 9-ft. x 20-ft.; the present code requirement for a parking space is 10-ft. x 18-ft. Both Building Inspector Andrew Geist and Junior Engineer Thomas Ostrander spoke to the Board members, noting that the proposed 9-ft. x 20-ft. size is not significant at this site and they feel that this size is grandfathered-in.
Mr. Fabinsky asked Mr. Wolf for his interpretation of the Town Code regarding size requirements for parking spaces on this site and whether the Board had the prerogative to assure there would be no mixing of size. It was determined that mixed size would not be possible as it would affect the drive aisles and parking lot layout and also result in less parking spaces at the site.
Junior Engineer Thomas Ostrander noted that he feels it is important to maintain additional parking spaces at the site; he does not feel it is safe for parents to park along Route 20A and walk with their sick children to the office for their physicians’ appointment. Mr. Ostrander noted that the original Site Plan was approved for 9-ft. x 20-ft. size spaces and this will provide the maximum possible number of spaces for the site.
The discussion concluded with Attorney Michael Wolf advising the Board that it makes sense to allow the parking spaces to be the same size as the existing ones at the site.
Mr. Bodden made a MOTION, seconded by Mr. Bernard to recommend that the Town Board AUTHORIZE a Building Permit for an 8,000-sq. ft. parking lot expansion as an addition to the existing 17,000-sq. ft. parking area for a total of 61-parking spaces at 5800 Big Tree Road (Route 20A) based on the site plan received on 10/16/08; the following conditions and stipulations shall apply:
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 11/12/08.
6. A Landscape Completion Bond of $5,450.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan, which includes 10% green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P.B. File #47-08 Harvest Hill Golf Course, 3052 Old Transit Road, located on the west side of Old Transit Road, Zoned R-2. (SBL#153.08-2-6.11) Applicant is requesting Planning Board approval of outdoor display to erect several tents.
APPEARANCE: Mr. Paul Gardner, HB Cornerstone
Mr. Gardner stated that his initial sketch plan requests to erect six-tents at the site; however, he would like to amend this to seven. He reviewed the proposed sketch plan with the Board members noting that he did not feel the tents would affect the egress or ingress at the site or the number of existing parking spaces. He told the Board that as of this date there is no club house constructed making the tents necessary. He further stated that the tents are a benefit to the golfers and that they are used to have a place to hold special events, serve food and offer beverages. The sizes of the tents are denoted on the submitted sketch plan. Mr. Gardner stated that it is possible that the tents may be used through the next few years, possibly until 2010; he hopes that the club house will be constructed by that time. He cautioned that the sketch plan should be looked at, with regards to the tent sizes and locations, as “to be determined” as to exact location and exact sizes of the tents. It was noted that the tents will be used for temporary use, which is for the “golf season”, weather dependent (April through November).
The Board members’ questions established that a “stop work” order issued by Building Inspector Geist prevented the parking lot from being paved. Previous to this, the project moved forward with construction without applying for proper permits.
Junior Engineer Thomas Ostrander briefly explained the history of numerous outstanding Engineering issues that needed to be resolved since 2000. He noted that since the time that Mr. Gardner was hired to represent the project, this was reduced to one (1) remaining issue at the site; Mr. Ostrander noted that he feels they are making progress.
Planning Coordinator Orffeo discussed a meeting that took place with Mr. Gardner, Russ Stoll of TVGA, Town Engineer Wayne Bieler, Junior Engineer Thomas Ostrander and Building Inspector Andrew Geist, wherein they determined what was needed to move the project forward.
Mr. Murray asked if the request for erecting the proposed tents was similar to other tent requests reviewed by the Planning Board. Planning Coordinator Orffeo noted that it was; the review process is set up on a yearly basis for the request.
Mr. Bernard stated that he would like a sketch plan indicating where the seventh tent is located and what size it will be.
Mr. Bodden stated that he is reluctant to vote for this project if tents remain too many years. Mr. Gardner stated that it would be economics; only, implying that this would be the reason why the club house would not be built and tents would still be needed each year.
Mr. Bodden made a MOTION, seconded by Mr. Bernard, to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File ##33-99 Harvest Hill Golf Course, 3052 Old Transit Road, located on the west side of Old Transit Road, Zoned R-2. (SBL#153.08-2-6.11) Planning Board to review project.
APPEARANCE: Mr. Paul Gardner, HB Cornerstone
Planning Coordinator Orffeo noted that the applicant, with the knowledge of the Conservation Board Chairman, is seeking the Planning Board’s opinion on a revised landscaping plan, prior to appearing before the Conservation Board.
Mr. Gardner told the Board that the approved landscaping plan included a long snake-like berm. Approximately 8-years has passed and the proposed berm has been redesigned to be ascetically pleasing by strategically placing portions of it to provide adequate screening for the adjacent residents with more suitable plant material.
Mr. Bernard noted, “That, from the south, looking up there does not seem to be as much screening to block the view of the site”. “In addition, the house looking back at the north by northeast or facing north by northwest of the golf course you can view the vehicles parked off to the right.” Mr. Bernard feels additional trees or a berm is needed in this area.
Mr. Murray confirmed with Mr. Gardner that he is not aware of any additional selling off of the golf site’s property.
Mr. Fabinsky noted that he likes the presented idea.
Mr. Bodden stated that he has played the course and finds the revised landscaping plan acceptable.
Junior Engineer Thomas Ostrander noted that Engineering can start their review once the last of the outstanding issues is addressed and once the review fees have been paid, if there is no problem with the concept of the revised berm.
Mr. Bernard confirmed that screening will be put in placed in the next phase with the parking lot as depicted with additional berm screening to the south and southwest of the proposed parking lot.
It was noted that the approval process is almost finished for outstanding items.
Junior Engineer Thomas Ostrander reviewed the site plan with regards to the placement of the proposed berms, verifying their locations with Mr. Gardner and the Board members and agreed to Mr. Bernard’s request for additional screening berms.
There being no further business, the Chairman adjourned the meeting at 8:59 P.M.
DATED: November 19, 2008 Respectfully Submitted,
REVIEWED: November 20, 2008 Rosemary M. Seivert
Planning Board Secretary
William McNamara,
Planning Board Chairman