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Minutes of the AUGUST 26, 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
Paul Bodden
Kim Bowers
Eugene Majchrzak
William McNamara
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: Thomas Ostrander, Assistant Municipal Engineer
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Andrew Geist, Building Inspector
Michael Wolf, Deputy Town Attorney
Rose Seivert, Recording Secretary
The Chairman called the meeting to order at 7:00 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 stated that minutes from the previous meeting will be voted on at the September 2009 regular meeting.
1. 7:00 P.M. Public Hearing P.B. File #14-08, Eagle Crest Senior Apartment, Vacant Land located at the end of Weiss Avenue, Zoned SR. Applicant is requesting a Building Permit and Site Plan approval to construct a 90-unit Independent Living Senior Apartment Complex. (SBL#’s 152.12-3-11 & 152.11-3-22). Town Board approved rezoning and SR designation request on 10/1/08.
The Chairman called the Public hearing to order. The Affidavit of Publication and Posting, published August 20, 2009 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:
Mr. Adam Walters, Esq.
Phillips, Lytle LLP
3400 HSBC Center
Buffalo, New York 14203-2887
Mr. Walters stated he supports the project.
Mr. Kenneth Franasiak
Calamar
3949 Forest Parkway Suite 100
Wheatfield, New York 14120
Mr. Franasiak stated he supports the project.
The Chairman noted that two residents who could not be present for the public hearing had comments regarding this project; the Board members were polled and indicated that the comments were to be entered into the record by the Planning Board Secretary rather than read aloud. Mr. Franasiak indicated he had a copy of Mr. Ronald Stadelmaier’s communication.
The Chairman stated that Mr. Ronald Stadelmaier, 73 Eaglebrook Drive, West Seneca, (Town of Orchard Park) New York, submitted his comments via e-mail to the Planning Office and Ms. Eagan, 39 Eaglebrook, West Seneca, (Town of Orchard Park) New York, had conveyed her feelings to Chairman Fabinsky regarding the project. The Chairman stated that Mr. Stadelmaier spoke in favor of the project but expressed concerns regarding drainage and would like the project executed exactly as it has been described; The Chairman noted that Ms. Eagan had verbally expressed similar concerns to him. In particular, she indicated she would be vigilant about protecting trees that were not part of the area approved for clearing.
Mr. William Szewc, Chairman
Orchard Park Public Safety Committee
30 Bielak Drive
Orchard Park, New York 14127
Mr. Szewc stated that he had questions regarding the emergency services for this project. It was established that the project will not be an assisted senior citizen living community or other type of group living facility. The project is proposing apartments for independent senior citizens; therefore, emergency services will be provided through the Town. The Chairman invited Mr. Szewc to off input on safety issues relating to future projects on behalf of the Public Safety Committee.
The Chairman asked for those against the project to speak.
IN OPPOSITION:
No one responded.
Mr. Bernard made a MOTION, seconded by Mr. Bodden to CLOSE the public hearing.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
THE VOTE ON THE MOTION BEING UNANIMOUS, THE MOTION IS PASSED.
APPEARANCE: Mr. Adam Walters, Attorney
Mr. Kenneth Franasiak, Calamar CEO
Mr. Walters stated that during the rezoning process held by the Town Board a submission dated 8/4/08 was given to the Town Board in response to issues involving fire and emergency service calls. He further stated that the proposed project is not an assisted senior care facility. Mr. Walters told the Board that a photometric plan and light fixture cut sheet was submitted to the Planning Office as requested. He also told the Board that he feels the proposed drainage plan is designed for the site requirements and beyond that.
Mr. Taneff asked if the proposed berm could be raised. Mr. Walters stated that he will discuss this issue with the Engineering Department.
Mr. Murray stated that he continues to believe that the site has serious environmental issues, making it difficult for him to support the project, noting that he would like the applicant to provide maximum attention to the drainage impact to mitigation issues.
Mr. Bernard stated that he reviewed the lighting plan and that the plan meets his approval. He further stated that the property was rezoned “Senior Residential” by the Town Board and the proposed use complies with the Town Code.
Chairman Fabinsky stated that he talked to Assistant Municipal Engineer Thomas Ostrander who was pleased with the proposed drainage plan. Mr. Ostrander told him that the proposed drainage provisions will handle storm water that had been poorly handled for the last twenty-years. He also indicated to him that the reconfiguration of the swale north of on Eaglebrook will make it less obtrusive.
Mr. Bodden made a MOTION, seconded by Mr. McNamara, to GRANT Final Site Plan Approval and AUTHORIZE the Building Inspector to issue Building Permits as required based on the Site Plan received 8/10/09 containing a single building with 90-units based on the following conditions and stipulations.
1. This is a Type I SEQR action based on the submitted Full EAF Parts 1, 2 and 3 and a Negative declaration was made on October 1, 2008.
2. A Public Hearing on rezoning the property was held by the Orchard Park Town Board on September 17, 2008
3. The property, by action of the Orchard Park Town Board, was rezoned SR-Senior Residential on October 1, 2008.
4. Acreage fees, per Section 144 (1:4) of the Town Code have been paid.
5. Engineering approval was granted on 8/12/09.
6. Recreation land, per Site Plan submitted on 8/10/09, of 16.94 +/- acres, will be donated to the Town of Orchard Park prior to the issuance of the Certificate of Occupancy.
7. Recreation fees per Section 144-70E of Town Code shall be paid prior to issuance of a certificate of occupancy.
8. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes and a three-year Landscape Completion Bond of $52,900.00 in accordance with the Conservation Board Minutes shall be provided for the approved Landscape Plan received 8/15/08 which includes 34,358-sq.ft. green space.
9. The site lighting plan is limited to those fixtures and poles indicated on the approved Site Plan.
10. No outside storage or display is permitted.
11. Dumpsters as shown shall be screened along with any additional dumpsters all of which shall be screened in accordance with Section 144-25 of the Town Code.
12. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans received on 8/10/09 and shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
13. The fully completed size at build-out shall be limited to the number of units specified in this motion.
14. No additional streets or roadways will be located on the property that are not part of the currently approved plan.
15. The drainage plan will provide for the petitioner to maintain all portions of the existing drainage ditch that remain on the project property and will, as described by the petitioner, also, be designed with enhanced storage reserve capacity to preemptively address potential flooding problems in hydrologically sensitive areas downstream of the project.
16. Additional screening shall be provided at the recommendation of the Conservation Board, Planning Board or Town Board.
17. The road and cul-de-sac shall be dedicated to the Town.
18. Public hearing fees shall be paid prior to the issuance of a Building Permit.
19. All agreements and understandings that are part of the written record and/or tapes are included as conditions of approval.
ON THE QUESTION:
Mr. Bernard, asked Attorney Michael Wolf if the motion, with regard to item #6, should state that the designation of the “Land Conservation Area” is as shown on the submitted Site Plan; he questioned at what time the Town would take dedication of this land. Mr. Wolf stated it would be correct to say “per the approved plan” and that the land donation will take place prior to the issuance of the Certificate of Occupancy.
Planning Coordinator Orffeo stated that there had not been adequate time to send a notice to the Applicant to remit the $75 fee for the Public Hearing prior to this meeting.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY NAY
THE MOTION BEING SIX (6) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
There being no further business, the Chairman adjourned the meeting at 7:17 P.M.
DATED: August, 31, 2009 Respectfully Submitted,
REVIEWED: September 2, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman
ATTACHED: Addendum to the meeting minutes
Mr. Ronald Stadelmaier’s 8/26/09 comments sent to the Planning Office via e-mail.