Minutes of the DECEMBER 16, 2009 Special 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
William McNamara
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: John Bernard
Andrew Geist, Building Inspector
Eugene Majchrzak
Thomas Ostrander, Assistant Municipal Engineer
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Michael Wolf, Deputy Town Attorney
Rose Seivert, Recording Secretary
The Chairman called the Special 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. Bernard’s and Mr. Majchrzak’s absences.
The Chairman further noted that minutes from the previous meeting will be voted on at the next regular Planning Board meeting.
1. 6:00 P.M. Public Hearing, P.B. File #30-09, David & Kerri Hollins, proposed 1-lot Subdivision 4.7 +/- acres, Vacant Land east side Angle Road north of Milestrip Road, Zoned R-2. Requesting SEQR determination and Preliminary & Final Plat Plan Approval of a 1-lot subdivision. Pre-Application Findings made on 10/14/09.
APPEARANCE: Mr. Lowell Dewey, C & S Engineers
Mr. Dave Hollins, Applicant
The Chairman called the Public Hearing to order. The Affidavit of Publication and Posting, published December 10, 2009 was presented and filed with the Board by the Planning Board Secretary.
IN FAVOR:
Mr. Lowell Dewey, C & S Engineers
90 Broadway
Buffalo, New York 14203
Mr. Dewey spoke in favor of the project, noting that the applicant is anxious to construct his proposed home.
Mr. David Hollins, Applicant
20 Lakeridge South
Orchard Park, New York 14127
Mr. Hollins spoke in favor of the project and thanked the Board for the special meeting. He would like to start home construction prior to the spring as his profession will take him away from the area. He further stated that he appreciates the members’ time especially before the holidays.
AGAINST:
NO RESPONSE
Mr. Murray made a motion, seconded by Mr. Bodden, to CLOSE the PUBLIC HEARING.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Dewey presented and explained the proposed one-lot subdivision to the Board. He noted that the parcel is almost 5-acres in size, will have public water and be located 400-feet from the roadway. All necessary county approvals have been granted. In addition, Town Engineering Department approval has been granted.
Planning Coordinator Orffeo confirmed that the project has received Town Engineering Preliminary and Final approvals; documents have been signed by both the Town Engineer and the Town Highway Superintendent. The Building Inspector has no concerns about the proposed project.
Ms. Bowers made a MOTION, seconded by Mr. McNamara to GRANT Conditional Preliminary Plat Plan Approval to this 1-lot subdivision based on the submitted preliminary plat plan received 12/2/09 with the following conditions:
1. This is an Unlisted SEQR action based on the submitted Short EAF and a Negative declaration is hereby made on 12/16/09.
2. Pre-application findings were made on 10/14/09.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation fees in accordance with Section 144-70E of the Town Code shall be provided prior to the Final Plat Plan Public Hearing.
5. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 120-3F of the Town Code.
6. Town Engineering Preliminary Approval has been granted on 12/15/09.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Murray made a MOTION, seconded by Mr. Bodden, to WAIVE the PUBLIC HEARING for the Final Plat Plan Approval.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Chairman Fabinsky commented on the fact that this is a simple transaction of a one-lot subdivision. Having families of their own, Board members understand issues with work and school schedules as Mr. Hollins has explained to them.
Mr. Bodden made a MOTION, seconded by Mr. Fabinsky, to GRANT Conditional Final Plat Plan Approval to this one (1) lot subdivision based on the submitted plat plan received 12/2/09 with the following conditions:
1. Conditional Preliminary Plat Plan approval was granted on 12/16/09.
2. A negative declaration was issued on 12/16/09.
3. Public Hearing and Subdivision Development fees have been paid.
4. Recreation fees in accordance with Section 144-70E of the Town Code have been provided.
5. One (1) Street Tree per the Conservation Board Street Tree Plan shall be provided on each lot per Section 120-3F of the Town Code.
6. Town Engineering Approval has been granted on 12/15/09.
7. All approvals are contingent upon conformity to Conservation Board recommendations as indicated in Conservation Board minutes.
8. All understandings, covenants and agreements that are part of the written record are incorporated as conditions of approval.
THE VOTE ON THE MOTION BEING:
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MC NAMARA 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: January 6, 2010 Respectfully Submitted,
REVIEWED: January 13, 2010 Rosemary M. Seivert
Planning Board Secretary
Harold T. Fabinsky,
Planning Board Chairman