Minutes of the APRIL 22, 2009 Special Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Chairman
John Bernard
Kim Bowers
Eugene Majchrzak
William McNamara
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: Paul Bodden
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Andrew Geist, Building Inspector
Police Chief Andrew Benz
Michael Wolf, Deputy Town Attorney
Rose Seivert, Recording Secretary
The Chairman called the meeting to order at 6:00 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. Bodden’s absence.
1. 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. Ray Lukowski
The Chairman noted that the Board had tabled their review of this case at the April 8th meeting. The Board members had expressed issues regarding public safety and traffic and there remained the outstanding issue of the unpaid Landscape Bond and Building Permit. Chairman Fabinsky stated that Police Chief Benz has been working with the event representatives and issued an e-mail to the Planning Board indicating that the “Orchard Park Traffic and Safety Plan” is acceptable.
Chief Benz stated that he feels this is a good plan to start and work with and keep for future events. He also stated that two items he feels Building Inspector Andrew Geist will need to address are #14 and #16 of the “Orchard Park Traffic and Safety Plan”; the placement of the “port-o-pots and tents. For record keeping purposes the plan is listed below.
2009 Motorcycle Blessing - Orchard Park Traffic and Safety Plan
1. The motorcycles will initially congregate at the McKinley Mall beginning at 10:00 a.m. with a blessing of the motorcycles to be conducted at 1:00 p.m.
2. At the conclusion of the blessing, the motorcycles will be directed toward the backside of the mall circling around and exiting onto Milestrip Road. Before the procession proceeds, all motorcycles will be positioned side-by-side and in parade-type fashion. All motorcycle riders and passengers must be wearing DOT approved helmets.
3. Once the motorcycles enter Milestrip Road, they will proceed through the intersection at Abbott Road and make a right-hand turn onto California Road.
4. The motorcycle procession will proceed down California Road and pass through the intersection of Route 20 where they will be directed to the Angel Flight Grove at 3964 California Road.
5. The Hamburg Police will monitor and control the traffic at the Abbott Road and Milestrip intersection and the Orchard Park Police will monitor traffic at the California Road intersections of Milestrip and Route 20.
6. There are three (3) separate driveways accessing the DeMarco/Grove properties. The first two (2) driveways lead to the area directly behind the pavilion. The first driveway (furthest North entrance) will be dedicated for staff, vendor, and emergency use. The second driveway will be for all motorcycles, they will park in the parking area directly behind the pavilion. See Google Earth Maps attached.
7. There will be a total of six (6) off-duty police officers working security at the event as well as fifty (50) club staff assisting in the parking of vehicles and controlling of the crowd. Staff will be in florescent color shirts.
8. The third driveway entering the properties will be utilized for car and other four-wheel vehicle traffic. Those vehicles will be parked in a separate lot away from the motorcycles.
9. The Fisher buses that are currently parked at the pavilion site will be moved to the parking lot where cars will be parked. That move will occur on the Friday before the blessing.
10. It is anticipated that 2000-2500 motorcyclists will participate in the event.
11. The median age of the participants in this event are between 30 -70 years of age.
12. Beer, water, and pop will be served and closely monitored by bartenders and staff to insure there is no under-age drinking. The beer truck will be positioned directly behind the main building directly to the north side of the pavilion. A copy of any alcohol permits will be provided to the Orchard Park Police.
13. Food will be provided by BW Barbecue which will have their operations set up on the south side of the pavilion.
14. Along the northwest side of the party site along the border of the property will be
approximately fifteen (15) port-o-pots for use by party-goers.
15. The party site itself will be roped off to keep participants in one localized area. No
alcohol will be permitted to leave the party site.
16. A tent for sponsors will be stationed immediately north of the pavilion -kitty-corner to the building on the site. The sponsor tent will have a separate beverage center for the sponsors which will serve beer, water, and pop. See Google maps attached.
17. There will be numerous trash receptacles about the site and specific staff members will be obligated to empty the receptacles and place new garbage bags in same. There will be a dump truck on site for purposes of loading all refuse.
18. There will be live entertainment on the site and the bands will be positioned at the far west end of the pavilion with speakers positioned toward the back of the building.
Building Inspector Geist stated that he does not see a problem with either of these items; however, he told Mr. Chiacchia that he must inspect the tents on Friday morning as his department is not open on Saturday.
Chairman Fabinsky read a question from Board member Mr. Bodden who could not attend the meeting. He wanted to know what hours the band would operate. Mr. Chiacchia told the members that the band will perform from 2:00 P.M. to 9:30 P.M.
Attorney Michael Wolf confirmed that this was within the code.
Mr. Taneff discussed the busses that will be moved and parked in the adjacent lot owned by Mr. DeMarco. He established with Building Inspector Geist that no additional permit is required. He, also, inquired if the applicant would be willing to provide a water truck to control dust issues; however, Mr. Chiacchia told the Board this is a one-day charity event and funding is not available for that expense.
Mr. Bernard asked for clarification of the location of the band’s speakers. The speakers are under the roof area of the pavilion on the stadium side of the building. Mr. Chiacchia indicated their location on the site map, noting that a platform area inside the pavilion will be used by the band while they perform. Mr. Bernard also discussed trash removal with Mr. Chiacchia and Mr. Chiacchia told the Board that trash created would be removed at the end of the event.
Mr. McNamara noted that the Board has the responsibility to review the impact of the proposed event on the Orchard Park residents and he verified that the event will take place on a Sunday. He told Mr. Chiacchia to avoid delays in the future he should apply to the Board several months in advance with a request such as this.
Mr. Murray asked Mr. Chiacchia who was the author of the “Orchard Park Traffic and Safety Plan”. Mr. Chiacchia stated he had written the document with the input of Orchard Park Police Chief Andrew Benz and the head of their security team, Detective Lori Stone.
Ms. Bowers established that the event will take place on May 17, 2009.
Ms. Bowers made a MOTION, seconded by Mr. Fabinsky to move that the Planning Board AUTHORIZE permission to hold a Bike Blessing event at this location based on the plan received 3/24/09 with the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short EAF and a Negative Declaration is recommended.
2. This authorization is based on the submitted 2009 Motorcycle Blessing Orchard Park Traffic and Safety Plan dated April 20, 2009.
3. The event is to be held on 5/17/09 from 2:00 P.M. through 10:00 P.M.
4. The port-o-pots and tents will be approved by the Town Building Inspector.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BERNARD AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
There being no further business, the Chairman adjourned the meeting at 6:15 p.m.
DATED: May 5, 2009 Respectfully Submitted,
REVIEWED: May 8, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman