Minutes of the DECEMBER 9, 2009 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Chairman
Paul Bodden
Kim Bowers
Eugene Majchrzak
William McNamara
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: John Bernard
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 7:30 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. Bernard’s absence.
Chairman Fabinsky stated that this is Mr. Majchrzak’s last regular meeting with the Planning Board. As a Councilman-elect he will still be part of Town government but in a very different way in the future. He told Mr. Majchrzak that the Board members found it a pleasure to work with him. He has been very effective and thoughtful and his ideas and comments have been very helpful. Mr. Majchrzak thanked the Board members for all their help over the years. He stated that it has been fun and that he has learned a lot.
Upon a motion duly made and seconded, the reading of the minutes of the November 10, 2009 Meeting of the Planning Board were unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Ms. Bowers, to accept the minutes of the November 10, 2009 meeting as presented.
THE VOTE ON THE MOTION BEING:
BODDEN ABSTAINED
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA ABSTAINED
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED, WITH TWO (2) ABSTENTIONS.
NEW BUSINESS:
1. P.B. File #35-09, Steven Schneckenberger, 2861 Southwestern Blvd., Zoned B-2 & R-3. Requesting Rezoning of property from R-3 to B-2 in order to construct a 100’ x 60’ Pole Barn for cold storage. Town Board referred to Planning Board on 10/7/09.
APPEARANCE: Mr. Steven Schneckenberger, Applicant/Property Owner
Mr. Schneckenberger explained to the Board that he has made a revision to his request. The proposed building will be 99-feet x 60-feet, be used for storage and have an office approximately 12-feet x 12-feet located in it. He confirmed that the rear portion of the property is Zoned R-3 and that is the portion that he is seeking to Rezone to B-2.
It was noted by Board member Nicholas Taneff that the Conservation Board stipulated to have a staggered, double row of trees, 6 to 8-feet in height, planted at the rear residential area along a 4-foot berm to aid in buffering. In addition, the existing 40-foot setback at the rear of the property is to remain.
Mr. Bodden made a MOTION, seconded by Mr. McNamara, to recommend that the Town Board APPROVE the requested rezoning at 2861 Southwestern Blvd. from R-3 to B-2 in order to construct a 99-foot x 60-foot building to be used for storage of equipment and a small office in one portion of the building, based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Short EAF, Parts One and Two and a Negative Declaration is recommended.
2. Acreage fees shall be paid in accordance with Section 144-70C of the Town Code prior to publication of the Public Hearing Notice.
3. This recommendation is contingent upon the applicant completing the project as proposed on the preliminary development plans received on 11/20/09 and shall incorporate the recommendations of the Conservation Board in #4, below. The project shall revert to its original zoning classification if the project is not completed per Section 144-67 of the Town Code.
4. Per the Conservation Board meeting minutes of 12/1/09, the applicant shall:
a. Maintain the rear setback to be no less than 40-feet.
b. The berm at the rear Southern part of the property is to remain as is; however, a double row of trees, adding 6 (six) additional evergreens, is to be planted to buffer the residents. This is important because of the rezoning of the residential property to commercial.
c. The proposed Silver Maple trees are to be replaced with Red Maple or standard Columnar English Oak.
d. A revised Landscape Plan and Revised Landscape Estimation Form must be submitted to the Planning Office.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #17-09, People, Inc., Vacant Land located on the west side of Mid County Drive, requesting to Rezone this 5.58+/- acre site, currently zoned R-4 & I-1, to R-4 with a SR designation to construct a proposed 43-unit, Senior Housing independent living facility. Town Board referred to Planning Board on 5/6/09.
APPEARANCE: No representative from People, Inc. was present.
The Chairman stated that Planning Board members and the Planning Coordinator reviewed the SEQR document submitted by the applicant and found it to be incomplete and to contain inaccuracies; therefore, it is not possible to continue to the next step. The document characterizes the immediately adjacent neighborhood as residential, when in fact, immediate neighbors include “Chem-Lawn” and “West Herr Nissan”. The document indicated that this particular rezoning is consistent with the Town’s land use plans. The Town’s Comprehensive Plan strongly cautions against rezoning Industrial land. In addition, the owner of the property is not identified on the document. There is a lengthy list of other concerns with the document. For that reason, Chairman Fabinsky stated he would make a motion to table this item.
Chairman Fabinsky made a MOTION, seconded by Mr. McNamara to TABLE Planning Board File #17-09 as Part One of the SEQR Document is incomplete, inaccurate and insufficient to proceed with Part Two.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
The Chairman asked that a Board member make a motion to empower Planning Coordinator Remy Orffeo to communicate with People, Inc. to advise them as to what is incomplete and inaccurate with the SEQR document and must be done so the Board can conduct a proper review. Mr. Orffeo stated he would be happy to contact People, Inc.
Mr. McNamara made a MOTION, seconded by Ms. Bowers to authorize Planning Coordinator Remy Orffeo to contact People, Inc. regarding the submitted SEQR document.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman also noted that Building Inspector Geist, had several discussions with People, Inc. and their representatives in which six (6) possible sites were considered. Four (4) of the possible sites were zoned Residential, one (1) Business and one (1) Industrial. People, Inc. has opted to apply for the Industrially zoned property. This is a choice that has zoning issues and complications.
There being no further business, the Chairman adjourned the meeting at 7:47 P.M.
DATED: December 11, 2009 Respectfully Submitted,
REVIEWED: December 14, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman