Minutes of the APRIL 8, 2009 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Chairman
John Bernard
Paul Bodden
Kim Bowers
Eugene Majchrzak
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: William McNamara
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Thomas Ostrander, Assistant Municipal 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.
The Chairman noted that Alternate member Mr. Taneff will be voting this evening due to Mr. McNamara’s absence.
Upon a motion duly made and seconded the reading of the minutes of the March 11, 2009 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 March 11, 2009 meeting as presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK ABSTAINED
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED WITH ONE (1) ABSTENTION.
The Chairman stated that the minutes from the 9/13/06 and 10/4/06 meetings had not
been approved by the Board;
Mr. Murray made a MOTION, seconded by Mr. Taneff that the minutes from the 9/13/06 and 10/4/06 meetings be ACCEPTED as presented in order to complete proper processing.
.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #54-08, Boston Valley Terra Cotta, 6860 South Abbott Road, Zoned A-1. (SBL#197.00-1-12.1) Applicant is proposing to construct a 17,200-sq. ft. building addition and site improvements. Zoning Board of Appeals granted a variance to extend a Non-Conforming Use on 12/16/08. Town Board referred to Planning Board on 12/17/08.
APPEARANCE: Patricia Bittar, Wm. Schutt & Associates
Sheri Carter, Boston Valley Terra Cotta
John B. Krouse, Boston Valley Terra Cotta
Mrs. Bittar noted that since the concept review on January 14, 2009 before the Planning Board, the project has received Town Engineering approval. She briefly described the project to the Board, noting that all Erie County approvals have been obtained for the construction to an 11,135-sq. ft. addition of the production building and a 6,800-sq. ft. expansion of the office building. Conservation Board approval was granted for the landscaping plan and a small Federal wetland was identified on the site. In addition, the Zoning Board of Appeals granted a variance to extend a Non-Conforming Use on 12/16/08.
Mr. Bernard reviewed the presented elevations and he discussed the lighting issues previously noted by a nearby neighbor and the hours of operation with Mr. Krouse. Mr. Bernard confirmed that flat lenses will be used and he discussed the use of a timer to turn the lights off in the evening hours. Ms. Carter told the members that the proposed building additions will be metal; however, the petitioners will attach their own product to the façade to showcase what they manufacture.
Mr. Bodden made a MOTION, seconded by Mr. Bernard to recommend that the Town Board AUTHORIZE a Building Permit to construct a 17,935+/- sq. ft building addition (comprised of Phase 4, 11,135-sq.ft. and Phase 5, 6,800-sq.ft.) and site improvements, per the plan received on 4/8/09, 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. Lighting will have timers returning to security level at 10:00 P.M.
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 4/08/09.
6. A 3-year landscape completion bond in the amount of $27,375.00 shall be provided for the landscape plan received 2/23/09 which includes 12.65% total interior green space, prior to the receipt of a Building Permit. Per Conservation Board minutes of 2/3/09: the prior landscaping bond for Phase 3 will be released when the new landscaping bond is submitted for Phase 4 which incorporated the prior Phase 3 landscaping.
7. The Zoning Board of Appeals granted a Use Variance to extend a Non- Conforming Use on 12/16/08.
ON THE QUESTION:
Mr. Bernard verified that the applicant understood Stipulation #6 regarding the Conservation Bond.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. PB File #04-09, Village Tailor, 3479 Orchard Park Road, Zoned B-4. (SBL#152.20-4-9) Requesting a Change-In-Use from Single-Family to Single-Family with Business. Town Board referred to Planning Board on 2/18/09. Zoning Board of Appeals granted three variances on 3/17/09.
APPEARANCE: Mrs. Susan Jawad, Applicant
Mrs. Jawad told the Board that she would like to purchase this property, reside in the home and operate her business here. She plans to convert the garage to accommodate her business.
It was established that the Zoning Board of Appeals granted three variances on 3/17/09; first, to allow this service type business in this B-4 Zone; second, to allow a residence and business to co-exist on this property and third, to allow vehicle parking in the front yard. It was further established that Mrs. Jawad will eliminate the garage door and that she anticipates 4 to 5 customers per day. The hours of operation will be Monday thru Friday 9:30 A.M. to 6:00 P.M. and Saturday, 9:30 A.M. through 4:00 P.M. There will be no additional lighting in the driveway area provided. The customer parking area created will be stoned. Mrs. Jawad told the members that she will apply
for a Building Permit to allow for a pedestal sign. She further noted that she intends to ask the NYS D.O.T. to grant a request for a curb cut to aid with ingress and egress at the site and she told the Board that she does not feel this will be a problem.
Planning Coordinator Remy Orffeo told the Board that the property is located in the Architectural Transition Zone; Council member Ackerman has reviewed the plan and she found no issues.
The Board members discussed the parking spaces and turning radius at the site; they expressed safety concerns regarding customers that might back their vehicles out on to Orchard Park Road. However, it was noted that the applicant’s decision to ask for a curb cut from the NYS D.O.T. may not be necessary. The Board suggested that Mrs. Jawad consider alternatives, such as designing a larger driveway that would enable a three-point turn and perhaps parking vehicles on the side of the site.
The Board members concluded that they were comfortable with the applicant’s proposal; however, they would like additional information regarding the parking plan and egress/ingress at the site. They suggest that Mrs. Jawad work with Building Inspector Geist, noting that the process of applying for a curb cut is arduous and costly; if she decides to pursue a curb cut, confirmation of approval from the NYS D.O.T. must be presented to the Board prior to any Board decision.
Chairman Fabinsky made a MOTION, seconded by Ms. Bowers to TABLE this case pending the receipt of revised plan that includes a detail of the parking plan.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #09-09, Carolina Furniture, 3144 Orchard Park Road, Zoned B-2. (SBL#152.16-5-1) Requesting Planning Board approval of Outside Display.
The Chairman stated that no one was present to represent this request.
Chairman Fabinsky made a MOTION, seconded by Ms. Bowers, to TABLE this case.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
4. P.B. File #11-09, Tops, 3201 Southwestern Boulevard, Zoned B-2. (SBL#152.16-7-1.1) Requesting Planning Board approval of Outdoor Display. (Renewal)
APPEARANCE: Mr. Michael Todd, Assistant Store Manager
Mr. Todd stated that the request is to have outdoor display to sell mulch and flowers per the submitted sketch.
Chairman Fabinsky discussed with Mr. Todd the frequent turn-over in personnel that made it difficult to know who the contact for the store was when Town representatives needed to contact someone in charge. Mr. Todd explained that this situation changed and he provided the district manager name and phone number to the Board members.
Mr. Murray asked that Mr. Todd be mindful of chair bound individuals.
Mr. Taneff made a MOTION, seconded by Mr. Fabinsky, to GRANT Outside Display from 4/9/09 to 4/09/11 based on the plan received on 2/23/09 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.
3. The Building Inspector is to review performance at the end of the first year and make the decision regarding the extension of the approval for the outdoor display for the second year.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
5. P.B. File #12-09, Jack Bertsch, 3853 North Buffalo Road, located on the east side of North Buffalo Road, Zoned B-3. (SBL#162.09-1-36) Applicant was granted a Change-In-Use for a Residential Home to be converted for Office Use on 9/10/08; requesting to be allowed to operate a retail jewelry store on the first floor of the structure.
APPEARANCE: Mr. Jack Bertsch, Property owner/Applicant
Mr. Bertsch stated that he had found it difficult to find a tenant looking for office space; however, he was approached by a high end retail jewelry store that would like to rent 600-sq.ft. located on the first floor area of this structure. He told the Board that there will be two employees.
Building Inspector Geist told the Board that the traffic volume that would be generated is not known; however, he does not feel it will be large as this will be a high end store and not a “chain store”.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to GRANT the applicant’s request to operate a retail jewelry store on the first floor of the structure located at 3853 North Buffalo Road based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
6. P.B. File #13-09, Joe DeMarco, 3964 California Road, located on the west side of California Road, Zoned I-1. (SBL#161.03-1-8) Planning Board to review request to hold “bike blessing” event at this site.
APPEARANCE: Mr. Dan Chiacchia, Attorney
Mr. Michael Lang
Mr. Dan Martinez
Mr. Chiacchia gave a brief history of his client’s fund raising event, noting that for the last several years it was held at the Newton Abbott Grove located in the north west section of Orchard Park. However, due to site complications after the construction of the newly built fire hall at this location, the group has chosen to relocate the event. Mr. Chiacchia explained that the motorcycles will originate at the McKinley Mall and that the event organizers would like to have the bike blessing at the California Road location. He told the members that a security team will be hired to watch over the function from 2:00 P.M. through 10:00 P.M. He further stated that he submitted a proposed “Traffic and Safety Plan” to Orchard Park Police Chief Benz for review.
Chairman Fabinsky told Mr. Chiacchia that the Board had approved two events for this site and that the bike blessing was not one of them; however the bike blessing had been mentioned at the meeting. Mr. Fabinsky noted that there is an outstanding issue involving a landscaping bond that must be paid in order for Mr. Demarco’s Building Permit to be issued. Mr. Chiacchia stated that he had spoken to Building Inspector Andrew Geist and the bond would be paid next week. Chairman Fabinsky
established that the event usually draws 3,000 participants, of which 2,000 to 2,500 are motorcyclists.
Mr. Bodden questioned the length of time to process the participants and Mr. Chiacchia told the members that it is not a problem. It was also learned that the motorcycles will be parked in their own area at the site and that all three driveways will be used for ingress/egress.
Mr. Majchrzak established that the charity event is to raise money for “Camp Good Days and Good Times”.
Mr. Bernard stated he has concerns regarding crowd and traffic control. Police Chief Benz was present in the audience and he commented on this for the Board.
Ms. Bowers noted that her concerns are based on Mr. DeMarco’s commitment to fulfill the Landscape Bond in order to have the required Building Permit.
Mr. Murray established that the average age group in attendance will be approximately thirty to sixty years of age. The support system to manage the event will include 4 to 5 off duty police officers, a security team and approximately 20 to 30 volunteers. Mr. Chiacchia told the Board that in the past events held, alcoholic beverages were not allowed to be brought into the site; however those in attendance may purchase beer for consumption. Mr. Chiacchia stated that the volunteers oversee this aspect and there has never been a problem at their events. He also stated that all first aid matters will be addressed with a nearby ambulance not located at the site.
Mr. Chiacchia told the Board that he does not feel the impact of the event will be substantial on the neighborhood as the adjacent property is a vacant lot, nor does he feel that the traffic from the event will impact the area as individuals will be leaving at various times using Route 20 or Milestrip Road. He noted that that the traffic has never been significant when the event was held at the Newton Abbott Grove.
Mr. Murray stated that he feels it would be imprudent of the Board to move forward in this matter without the necessary Landscaping Bond being paid and a Building Permit issued for the site.
Mr. Taneff established with Mr. Chiacchia that, although Mr. DeMarco previously told the Board that the shelter would not be used for any event held here, it will be used during this event. Mr. Taneff asked if Mr. Chiacchia knew what Mr. DeMarco’s plans were for the busses currently parked on the property and Mr. Chiacchia stated that he did not know. Building Inspector Andrew Geist confirmed that Mr. DeMarco did not need a permit to park additional vehicles on his adjacent lot.
The Chairman commented that he feels Mr. Demarco’s performance has left the Board in a difficult position; the Landscape Bond has not been paid, there is no Building Permit and the Board has not had a reasonable opportunity to discuss public safety with regards to traffic issues. Chairman Fabinsky stated that believes the event is for a good cause and he would like the Board to find a path to address the outstanding concerns.
The Board members discussed, at length, the options the Board could take in this matter. Several members felt a special meeting could be held, once the Landscape
Bond was paid and the Building Permit was issued; however, Board member Mr. Bodden felt the Board could vote with a contingency added to the motion.
Chairman Fabinsky made a MOTION, seconded by Mr. Majchrzak to TABLE this case and schedule a SPECIAL meeting for 4/22/09 at 6:00 P.M. to take final action in this matter.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN NAY
BOWERS AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION BEING SIX IN FAVOR AND ONE (1) AGAINST THE MOTION IS APPROVED.
Mr. Chiacchia verified what the Board needed for the Special Meeting to be scheduled.
Mr. Fabinsky asked Police Chief Andrew Benz to review the submitted “Traffic and Safety Plan" and, prior to the scheduled Special Meeting, advise the Board if the final plan meets the Town's public safety needs. Mr. Chiacchia agreed to work with the Police Chief and make any changes required to make the plan acceptable.
Mr. Taneff would like to know where the busses will be parked when the event is taking place. He also questions if a permit is needed for the busses to be parked at the site.
CONCEPT REVIEW:
1. P.B. File #10-09, Southtowns Tennis Center, 75 Mid County Drive, located on the east side of Mid County Drive, Zoned I-1. Planning Board to review proposed expansion on the north side of the existing building.
APPEARANCE: Mr. Jim Bammel, Architect
Mr. Jack Ruh, Southtowns Tennis Center
Mr. Bammel presented aerial photos of the site and told the Board that the Southtowns Tennis Center was built in 1972 and at that time plans for a future expansion were included in the proposal. However, he explained that that the drainage for the site will not meet today’s standards and that they will need to update this plan.
The project was presented as a concept review before the Conservation Board and that Board discussed the placement of island areas and drainage concerns at the site. Mr. Bammel told the Board that the applicant has studied parking needs for the site and he feels 82-parking spaces will be adequate. Building Inspector Andrew Geist told the Board that the parking code does not have regulations regarding this site. Mr. Bammel
further stated that a variance was granted by the Zoning Board of Appeals on 4/21/09 to permit the applicant to exceed the allowed lot coverage.
The Board members had the following comments on this project:
Mr. Murray questioned if the drainage calculations will be clear enough for the neighbors to understand whether of not they will be impacted.
Thomas Ostrander, Assistant Municipal Engineer stated that all sites must adhere to NYS and Town of Orchard Park Phase II Storm Water detention/retention and water quality regulations before Engineering approval is granted.
Ms. Bowers stated that she has concerns regarding the number of proposed parking spaces and the impact of traffic on this street.
Mr. Bernard stated that he has concerns regarding the impact of traffic.
Chairman Fabinsky stated he would like to see a view of the rear of the property.
Mr. Majchrzak state he would like to review, traffic, lighting, parking, etc…
Mr. Bodden inquired about the drainage flow that will be created by the proposed addition.
There being no further business, the Chairman adjourned the meeting at 9:05 p.m.
DATED: May 5, 2009 Respectfully Submitted,
REVIEWED: May 8, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman