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Minutes of the FEBRUARY 11, 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
Eugene Majchrzak
William McNamara
Nicholas Taneff, Alternate
EXCUSED: John Bernard
Kim Bowers
Philip Murray
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.
Chairman Fabinsky introduced Conservation Board Chairman, Mr. Richard Schechter, and welcomed him to the meeting noting that Planning may need to call on Mr. Schechter’s Conservation expertise while discussing matters on tonight’s agenda.
Upon a motion duly made and seconded the reading of the minutes of the January 14, 2009 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. McNamara made a motion, seconded by Mr. Majchrzak, to accept the minutes of the January 14, 2009 meeting as presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #02-09, Panera’s, 3995 North Buffalo Road, located in “The Orchard” Plaza, Zoned B-2. (SBL#162.13-1-13) Requesting approval of outdoor seating. (Renewal)
APPEARANCE: Mr. Michael Herald, Assistant Manager
Mr. Herald stated that he would like the Board to grant re-approval of the restaurant’s outdoor seating. He noted that a small bicycle rack has been installed for their
customer’s convenience. Chairman Fabinsky indicated that the bicycle rack will not be part of the outdoor seating review and he asked Mr. Herald to discuss the bicycle rack with Building Inspector Geist.
Mr. Taneff made a MOTION, seconded by Mr. Fabinsky, to GRANT approval of patio outdoor seating for two (2) years (2009 through 2010) based on the following:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. There will be 10 tables with four chairs at each table from April 1st through September 30th.
3. The Building Inspector will report at the end of the first year (2009) if there were any problems. His recommendation will determine if the applicant will need to return after the first year. His recommendation will determine if the approval will continue into the second year or if the applicant will need to return to the Board.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #47-08 Harvest Hill Golf Course, 3052 Old Transit Road, located on the west side of Old Transit Road, Zoned R-2. (SBL#153.08-2-6.11) Applicant is requesting Planning Board approval of outdoor display to erect several tents. (In addition, applicant may provide an update on status of Engineering approval.)
APPEARANCE: Mr. Paul Gardner, HD Cornerstone, Project Manager
Mr. Gardner presented and explained a plan containing details the Planning Board had previously requested for this site. He also provided photos of the tents to be erected for Board review, noting that the tents will be used for cart storage, refreshments and event seating, etc… in lieu of the club house that has not yet been built.
Chairman Fabinsky confirmed that there will be seven (7) tents with the following dimensions: 2 tents 60-ft. x 40-ft.; 3 tents 50-ft. x 25-ft.; 1 tent 60-ft. x 24-ft. and 1- tent 20-ft. x 14-ft. He established that the plan before the Board does not include 12-trees additional recently agreed upon at the Conservation Board meeting. These additional trees are to be planted on the southern berm area to provide further screening for the neighbors. Chairman Fabinsky conferred with Conservation Board Chairman Schechter confirming this fact and told Mr. Gardner that, if the Planning Board moves forward, they will stipulate that the project must complete the landscaping as recommended and approved by the Conservation Board. The
Conservation Board had approved the project with the condition that Board member George Schichtel reviews and accept the revised plan, when it is submitted.
The Board members voiced their concerns regarding dust at the site affecting the area neighbors and questioned when the parking lot would be paved and the club house built. They made it clear to Mr. Gardner that erecting tents could not continue indefinitely and that the dust issue at the site needed to be resolved. Mr. Gardner told the Board that it is the applicant’s intention to pave the parking area as soon as possible; however, to do so he must have site plan approval to obtain the necessary permits. He also told the Board that the club house may not be built until sometime after 2010; as of this date there is only concept design for the club house. Mr. Gardner estimates that the club house will cost up to approximately two-million dollars to construct.
Mr. Majchrzak suggested that the club house building be designed to allow for growth. He asked Mr. Gardener what the current parking area consisted of. Mr. Gardner told the Board that the parking lot is currently stoned and that he feels the dust issue exists from the stone, itself.
Thomas Ostrander, Assistant Municipal Engineer told the Board that Mr. Gardner has resolved many of the outstanding issues with this project and that currently Mr. Gardner is handling final outstanding issues with the Army Corps of Engineers.
Mr. McNamara made a MOTION, seconded by Mr. Fabinsky, to GRANT approval for seven (7)-tents (Temporary Structures) to exist from Spring of 2009 to Fall of 2009 (May 1st through October 1st), based on the site plan received November 25, 2008 with the following stipulations:
1. This is a Type II SEQR action and therefore no SEQR determination is required.
2. There will be no additional outside lighting for the display or temporary structures.
3. The dimensions of the tents are depicted on the submitted site plan with their approximate locations.
4. There will no banners or additional signage for this facility.
5. Approval is contingent upon the applicant adding additional landscaping as required by the Conservation Board.
ON THE QUESTION:
Mr. Majchrzak discussed the time period allowing the tents to be erected. He noted that the period of 4/01 through 10/31 is longer than what the NYS building code allows, which is 180-days; therefore, the members determined the tents may be erected from May 1st, through September 1st. The motion was amended to specify this change.
THE VOTE ON THE AMMENDED MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #24-08 Superior Heat Company, 3461 N. Benzing Road, located to the west of Route 219 and east of the backside of the Ashley Furniture Store, Zoned I-1.(SBL#152.18-1-7) Requesting a Building Permit to construct a 2,316-sq. ft. addition on the east side of the existing building for warehouse space. Town Board referred to Planning on 5/21/08. Applicant was granted (2) Area Variances on 10/21/08.
APPEARANCE: Mr. William Klink, Applicant/owner
Mr. John Lydon, Architect
Mr. Lydon presented and explained the plans to construct an addition to the existing building.
Mr. Taneff verified with Building Inspector Geist that parking requirements have been met. Mr. Lydon told the Board that the applicant was granted two-variances; one for front yard parking and the other to allow paving up to the lot line.
Planning Coordinator Orffeo stated that the Conservation Board reviewed the project and asked that the Highway Superintendent determine if trees can be planted in the cul-de-sac area owned by the Town.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board AUTHORIZE a Building Permit to construct a 2,316+/- sq. ft addition to the east side of the existing building for warehouse space, per the plan received on 1/21/09, based on 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. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures shall have flat lenses.
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 2/11/09.
6. A 3-year landscape completion bond in the amount of $6,640 shall be provided for the landscape plan received 10/01/08 which includes 15% total green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #48-08, Brandon Block, 3285 Abbott Road, located on the east side of Abbott Road, north of Windom Avenue, Zoned B-2. (SBL#151.16-5-1) Town Board referred to Planning Board on 11/5/08. Planning Board tabled review on12/10/08.
APPEARANCE: Mr. Brandon Block, Applicant/Property Owner
Mr. Fabinsky noted that Mr. Block would like to restore a residence located in a Business Zone. Town Board approval is required as there was more than 50% damage caused by a fire. Per the Town Code, if the damage had been less than 50%, there would be no need for Board review.
Mr. Block presented a letter prepared by a structural engineer for the Board’s review indicating that the home is salvageable. He told the members that he would like to rebuild the home and have it remain a residence.
The Board discussed this request and the following was established:
• Assistant Municipal Engineer Thomas Ostrander stated that the request is a building issue and that he had not walked the structure; however, the site is surrounded by residential homes and presently graded/configured for a residential home.
• Building Inspector Geist stated that a structural engineer made the determination that the residence is salvageable. He also noted that the site is surrounded by residential homes.
• Mr. Bodden established that the existing foundation will be used, the residence will keep its original look and there are no plans at this time to expand the structure.
Mr. Bodden made a MOTION, seconded by Mr. Taneff, to recommend that the Town Board APPROVE a request to rebuild a residence located at 3285 Abbott Road damaged by a fire in this B-2 Zone based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
ON THE QUESTION:
Mr. McNamara noted that he will vote against the motion as he sees this as an opportunity missed; it is zoned “Business” and he is not sure what the residence will look like after the rebuilding.
Chairman Fabinsky polled the Board with the following comments made:
Mr. Bodden stated that he feels as Mr. McNamara does; however, if the existing structure is going to be reused, he supports the request and he will vote “aye”.
Mr. Majchrzak stated he has mixed feelings; however, he will vote “aye”, as he does not feel the residents currently living here would like to have a business “pop-up” after having a home exist there for so many years.
Chairman Fabinsky noted that while the site is technically zoned “Business”, the applicant has indicated that he will use the same foundation and same structure, and, as the surrounding area is primarily residential, he feels that the people living in the area may have concerns about the neighborhood changing if the request is denied. Mr. Fabinsky stated he will vote “aye”.
Mr. Taneff stated that he will vote “aye” as he feels the neighbors are looking forward to having the home re-built.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA NAY
MAJCHRZAK AYE
TANEFF AYE
THE MOTION BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
5. P.B. File #51-08, Dennis Boyle, Woodbridge Construction, 5285, 5287 & 5255 Chestnut Ridge Road, located on the east side of Chestnut Ridge Road, Zoned R-3 Special Exception Use and R-2. (SBL’#185.05-3-11.1 & 185.05-3-14) Planning Board recommended rezoning to Town Board on 12/10/08; Town Board tabled item during the public hearing and referred revised site plan back to Planning Board on 1/21/09.
Mr. Bodden recused himself from voting in this case due to a business relationship with the applicant.
APPEARANCE: Mr. Dennis Boyle, Applicant
Mr. Sean Hopkins. Attorney
Chairman Fabinsky verified with Attorney Michael Wolf that parliamentary procedure requires that all four-voting members will need to vote the same in order for a motion to pass. Mr. Boyle was told by Chairman Fabinsky that he has the option to withdraw and return when a full Board would be available to hear his case.
Chairman Fabinsky stated that he feels there are two separate issues. The first is whether the Board is comfortable with the general intention of the project. The second is whether all of the conditions for rezoning and the special exception have been met.
Mr. Hopkins noted that the Board reviewed the project last year and unanimously voted to recommend the rezoning to the Town Board; however, Planning Board member Mr. Bernard was not present at that meeting and he issued an e-mail memo voicing his concerns to the Town Board and Planning Board members. Mr. Hopkins told the members that in response to Mr. Bernard’s memo, the plan was changed and a revised plan was presented to the Town Board at the night of the public hearing on January 21, 2009.
Mr. Hopkins briefly explained these changes to the Planning Board members as follows:
• The building setbacks were increased to 60-feet.
• The density was reduced by eliminating six units; they are now proposing a total of 74-units upon 15.58 acres.
• The minimum setback of the attached townhouse building from the southern property has been increased from 50-ft. to 75-ft. to allow a permanent green space buffer that includes existing trees to be preserved along the south boundary.
• The internal driveway design will now provide access to the new attached townhouse buildings; it has been modified so that the driveway will have a width of 20-ft. with concrete curbs on each side of the driveway.
• The proposed pool and community building have been relocated.
• The updated concept plan shows the location of three retention ponds in order to confirm there is adequate space to provide a stormwater management system.
• The internal driveways located on the southern portion of the property that are currently occupied by dilapidated office buildings that will be converted into attached townhouse units have been modified so that these driveways will be aligned per the input provided by the Planning Board; stop signs will also be installed in appropriate locations.
Chairman Fabinsky told Mr. Boyle that he needs to be informed of and address the points of several Town of Orchard Park departmental memos; one from the Engineering Department and the other from the Building Inspector regarding his proposed project. He proposed canvassing to verify if the Board is comfortable with and supports the proposed concept.
Mr. Taneff stated that, during the Town Board’s public hearing, residents expressed concerns involving drainage at this site. He asked that drainage be addressed properly at the site. Mr. Hopkins stated that the applicant will work with the Town Engineering Department to resolve drainage issues. Mr. Taneff noted concerns he has for mold problems that may exist within the dilapidated buildings. He expressed having Building Inspector Geist being allowed to visit the site to inspect this. Mr. Hopkins stated that Mr. Geist would be provided access to the site any time he would like.
Mr. Majchrzak, noted that he had observed mold on the outside of the buildings, which raises the possibility that mold is on the inside walls of the building. He feels the
Building Inspector will need to make an inspection of these buildings to determine the extent of damage.
Chairman Fabinsky discussed the concerns that Board member John Bernard had e-mailed to the Board on January 2, 2009 regarding this project. Mr. Fabinsky noted that he will provide Mr. Boyle with a copy of this e-mail. He further noted that he supports the idea of the concept plan to renovate the buildings at this site, however, he has questions regarding the project that still need to be answered prior to voting. With regards to the question of the rezoning recommendation, Chairman Fabinsky told Mr. Boyle that there is qualified Board comfort with the project but it does not now have four votes due to a number of concerns. He recommends that the item be tabled to allow the Board additional time to review the project and have questions addressed.
Planning Coordinator Orffeo stated that the applicant needs to demonstrate that there is a need for the project; he must, also, show the impact on the school system and utilities. Mr. Orffeo discussed arranging a meeting between the Conservation and the Planning Boards to work together to review this project and determine whether the applicant will be asked to donate land or fees to the Town. He, also, noted that issues brought up in Mr. Bernard’s memo pertain to the site plan, not the rezoning request, which is not normally addressed at this time. However, he told the Board that if they direct him to send information to the applicant, such as the memo from Engineering Department and the Building Inspector he will be happy to do so.
Chairman Fabinsky asked Mr. Ostrander and Mr. Geist if the Board could share their departmental correspondence with the petitioner. Both expressed unqualified approval.
Chairman Fabinsky made a MOTION, seconded by Mr. McNamara, to TABLE the review of this case.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN ABSTAINED
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION BEING FOUR (4) IN FAVOR WITH ONE (1) ABSTENTION, THE MOTION TO TABLE IS PASSED.
Chairman Fabinsky made a MOTION, seconded by Mr. McNamara to advise the Planning Coordinator to convey the concerns from Engineering, the Building Inspector and from members of the Planning Board, to the petitioner and his support staff.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN ABSTAINED
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION BEING FOUR (4) IN FAVOR WITH ONE (1) ABSTENTION, THE MOTION IS PASSED.
6. P.B. File #33-08, Key Bank, 3030 Union Road, site of former Anderson’s Ice Cream Building, Zoned B-2. (SBL#152.12-2-3) Planning Board to review revised plan.
APPLICANT: Ralph Lorigo, Attorney
Michael Braun, CHA
Kristen Collins, CHA
Kevin Hengst, HSB Architects
Mr. Lorigo presented a revised site plan noting that the issues raised by the Planning Board have been addressed as follows;
• A correspondence dated 7/17/08 was shown to the members indicating that Key Bank intends to increase their retail branch extensions; they fully intend to maintain the existing 4235 North Buffalo Street location. Mr. Lorigo noted that Key Bank own both properties.
• A correspondence dated 2/9/08 was shown to the members indicating that a rough draft (also shown to the members) was being prepared to provide an easement for both cross access and parking for the proposed Key Bank and Walgreens.
• The traffic flow at the site was addressed as requested by the Board and this has been indicated on the Site Plan; Mr. Lorigo told the Board that markings will be on the pavement and signs will be installed to direct traffic.
Mr. Lorigo told the Board that the project is awaiting approval for an outstanding D.E.C. issue; however, he is asking for the Board to approve the project contingent upon receiving this approval. He, also, showed the Board members elevations for both the Key Bank and Walgreens buildings. He told the Board that Councilmember Nan Ackerman had met with the applicant’s representatives, reviewed these items and approved the proposed colors and elevations for both projects.
Chairman Fabinsky discussed including stipulations in the motion, if the Board were to support the request, regarding the finalization of the easement for the cross access and parking and requiring a review by excused Planning Board member John Bernard of the submitted site lighting.
Mr. Majchrzak made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board AUTHORIZE a Building Permit for a 4,303+/- sq. ft. Building and APPROVE the site plan received 2/11/09, 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 lenses.
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 will be granted upon receipt of SWPPP approval by the DEC.
6. A 3-year landscape completion bond in the amount of $20,999.00 shall be provided for the landscape plan received 10/27/08 which includes 17.4% total green space, prior to the receipt of a Building Permit.
7. The Zoning Board of Appeals granted an area variance on 9/16/08 to allow vehicle parking in the front yard.
8. The Cross Parking and Cross Accessing agreement is to be finalized before a Building Permit is issued.
9. The site lighting is to be reviewed and approved by Planning Board member John Bernard prior to going to the Town Board.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
7. P.B. File #59-07, Walgreen’s, proposal for southwest corner of Union & Michael Roads, Zoned B-2. (SBL#’s 152.12-2-4, 5, & 6) Planning Board to review revised plan.
APPLICANT: Ralph Lorigo, Attorney
Michael Braun, CHA
Kristen Collins, CHA
Kevin Hengst, HSB Architects
Mr. Taneff asked Thomas Ostrander, Assistant Municipal Engineer, to comment on the portion of the site that operated as fueling station and the gasoline tanks that existed at the site. Mr. Ostrander stated that the motion contains a stipulation that a site remediation report is to be filed; approval must be granted by the DEC certifying that the site is clean and the report is to be provided to the Building Inspector before a Building Permit is issued. Mr. Ostrander also noted that detail information regarding this issue is documented in the site’s Phase I report, which is an appendix of the Engineering report.
Mr. Bodden made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board AUTHORIZE a Building Permit for a 14,550+/- sq. ft. Building and APPROVE the Site Plan received 2/11/09, 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.
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 will be granted upon receipt of SWPPP approval by the DEC.
6. A landscape completion bond in the amount of $37,750.00 shall be provided for the landscape plan received 10/27/08 which includes 18.7% total green space, prior to the receipt of a Building Permit.
7. A Site Remediation report, approved by the DEC, certifying the site is clean shall be provided to the Building Inspector before a Building Permit is issued.
8. The Zoning Board of Appeals granted an area variance on 4/15/08 to allow vehicle parking in the front yard.
9. The Cross Parking and Cross Accessing agreement is to be finalized before a Building Permit is issued.
10. The site lighting is to be reviewed and approved by Planning Board member John Bernard prior to going to the Town Board.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
8. P.B. File #37-08, Diane DeMarco, 3964 California Road, located on the west side of California Road, Zoned I-1. (SBL#161.03-1-8) Planning Board tabled review of this item at the September 10, 2008 meeting. Applicant was granted a Use Variance on 11/18/08.
APPEARANCE: Mr. Joseph DeMarco, Applicant/Property Owner
Mr. Daryl Martin, Architect
Mr. Martin briefly explained to the Board that Mr. DeMarco was granted a Use Variance on 11/16/08 and a lighting plan was submitted to the Board for their review. Chairman Fabinsky asked Building Inspector Geist if there were any outstanding
issues. Mr. Geist stated that he was not aware of any; however, he did comment on an illegal banner on the property. Mr. DeMarco stated that he would remove the banner.
Thomas Ostrander, Assistant Municipal Engineer stated that he had no comments; the major issue was the building and the issue of structural acceptance was covered by Daryl Martin certifying the construction.
Mr. Taneff asked Mr. DeMarco if any plans presently exist for future use of the outside shelter. Mr. DeMarco stated that he has no dates for specific events; however, the Orchard Park Lions Club, Orchard Park Police, and a group that performs a “Bike Blessing” are interested in using the site, but not the shelter. Mr. DeMarco told the Board that he has told all interested parties they must apply to the Town Building Department for a permit. Mr. DeMarco also told the Board that he is not charging fees to these charitable groups.
Mr. Taneff discussed two letters contained in the Planning Board permanent file; one from Sean & Maria Hanley and the other from Sports Focus Physical Therapy, giving Mr. DeMarco permission to use their property on California Road for over flow parking during the Angel Flight event, if needed. Mr. DeMarco explained that this information was provided to the Building Inspector when he was securing his operating permit for the Angle Flight event, as tickets for the event were sold “at the door” and there was no way an actual count of the number people who would be attending the event could be known in advance. Mr. DeMarco noted that the site had plenty of room for that event.
Mr. Taneff stated, “It is pretty difficult not knowing what you are going to have there and what you are not going to have there and when you are going to have it.” Mr. DeMarco noted that if the police want to use the site they will come to the Town Building Inspector’s office and apply for a permit. Building Inspector Geist confirmed that each event would need to come and apply for an operational permit.
Mr. McNamara expressed concerns regarding noise and dust created within this residential area during the summer months. He discussed having a limit placed on the number of events at the site for 2009 and having Mr. DeMarco return before the Board for further review.
The Board discussed further how to monitor the site and the events held here; Attorney Michael Wolf confirmed that the permit process that is in place will do that.
Mr. Taneff also discussed Mr. DeMarco’s existing commercial parking permit; Mr. DeMarco noted that he uses this site and other locations that he owns to park school busses and vehicles during football games. Mr. DeMarco told the Board that he has operating permits for these sites.
Mr. Fabinsky discussed concerns he has with parking and maintenance of school busses, noting these to be the same concerns as when Fisher Bus had proposed constructing a facility in Orchard Park. He questioned if the busses were originally parked at Camp Road. Mr. DeMarco told the Board that he is quite sure the busses have never been parked anywhere but in Orchard Park.
Chairman Fabinsky, also discussed the fact that, at times, the Building Inspector’s Department has been not been given access to the site by Mr. DeMarco.
Mr. Majchrzak established that several hundred vehicles can be parked at this location and that the Town ordinance will control noise concerns he raised.
Mr. Bodden established that the parked school busses will be moved when an event is held at the site. Mr. DeMarco told the Board members that the busses are moved to a nearby property, so that approximately 700-vehicles can be parked at this site. Mr. DeMarco stated he is not aware of any complaints regarding the busses.
Mr. DeMarco told the Board that the Angel Flight event will not be held at this location any longer; they have out grown the site. He further told the Board that he was agreeable to a limitation of events at this site.
Chairman Fabinsky stated that if a motion is made to pass the applicant’s request he would like a stipulation that if the Building Inspector is denied access to the site, then all approvals are null and void.
Mr. McNamara made a MOTION, seconded by Mr. Majchrzak, to recommend that the Town Board AUTHORIZE a Building Permit for a shelter, approximately 100’ wide x 50’ +/- long with a concrete pad base, based on 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. A Landscape Completion Bond, in accordance with the Conservation Board Minutes, shall be provided for the approved Landscape Plan, prior to the receipt of a Building Permit.
3. A Use Variance was granted by the Zoning Board of Appeals on 11/18/08 to allow an assembly type occupancy at this site while maintaining a residence within.
4. There will be two-tentatively scheduled events for 2009; The Orchard Park Lions Club and The Orchard Park Police Bike Stag event. Any subsequent event must see the Building Inspector for an operating permit and they will be directed to appear before the Town Planning Board.
5. If the Building Inspector is denied access to the property at any time, all approvals are null and void.
6. A 3-year landscape completion bond in the amount of $2,400.00 shall be provided for the landscape plan received 8/11/08, prior to the receipt of a Building Permit.
ON THE QUESTION:
Mr. Fabinsky further discussed the fact that he is uncomfortable with school busses being parked at the site.
Mr. Taneff stated that he, also, is uncomfortable with school busses parked at the site.
He further stated that he would like a memo sent to the Town Board asking that they review the issue of commercial vehicle parking that is presently occurring through-out the Town not addressed with permits being issued. Mr. Taneff told Mr. DeMarco that he does not have a problem with the Orchard Park Lions Club or the Orchard Park Police using the site for their event; however he does have concern with the Bike Blessing
event, noting that there was a problem with this event when it was held at Quaker Crossing.
Mr. McNamara stated he would reduce his motion to apply to the Orchard Park Lions Club and Orchard Park Police events only, and not include the Bike Blessing.
The motion was amended to include only the Orchard Park Lions Club and Orchard Park Police events in stipulation number 4.
THE VOTE ON THE AMMENDED MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF NAY
THE MOTION BEING FOUR (4) IN FAVOR AND ONE (1) AGAINST, THE MOTION IS PASSED.
9. P.B. File #14-08, Calamar/Eagle Crest Senior Housing, Vacant Land located at the end of Weiss Avenue (west end), Zoned SR. (SBL#’s 152.12-3-11 & 152.11-3-22). Board to determine if land is to be donated or placed into a permanent conservation easement area; if recreation fees will be required; and accessibility to the property.
APPEARANCE: Mr. Adam Walters, Attorney
Mr. Ken Franasiak, Calamar Enterprises, Inc.
Mr. Anton Karoglan, Calamar Enterprises, Inc.
Mr. Walters told the Board that the project has been designed upon 10% of this 20-acre site and that Calamar has agreed to permanently protect the remaining 90%. However, Calamar would like feedback and guidance from the Board with regards to the land that will remain undeveloped; should Calamar place the property into a permanent conservation easement and/or provide a donation to the Town; should the property be accessible to the public? Mr. Walters stated that Calamar feels that it was the intent of the Planning Board to protect the property and that allowing public access would be inappropriate.
Chairman Fabinsky discussed the land donation to the Town. He told the applicants that in the event of a problem, the Town will require access to maintain town land, Smokes Creek and the associated 100-year flood plain.
Thomas Ostrander, Assistant Municipal Engineer stated, that at this point, we have zero access from the Town’s property due to Smokes Creek; there is a sizeable pond located in the land in question. He further discussed what he termed the “what-if’s’” for maintenance.
The Board members discussed this matter at length and the applicants agreed to resolve this issue by moving the property line to allow the Town to obtain access for the entire creek.
Mr. Majchrzak volunteered to contact Highway Superintendent Fred Piasecki regarding this matter to verify, if moving the property line would be an acceptable solution to resolve access and maintenance issues. He stated it appears to be the sensible thing to do and makes the residents happy.
Mr. McNamara made a MOTION, seconded by Mr. Majchrzak, to ACCEPT Vacant Land (10.28 +/- acres) currently Zoned SR located at the end of Weiss Avenue as a passive recreation land donation to the Town of Orchard Park.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Chairman Fabinsky made a MOTION, seconded by Mr. Bodden, to designate Planning Board member Mr. Gene Majchrzak to work with the Engineering Department, the
Highway Department and Calamar to assure that an access to the property is developed that will work.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BODDEN AYE
MC NAMARA AYE
MAJCHRZAK AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Planning Coordinator Orffeo noted that Mr. Ostrander was promoted from Junior Engineer to “Assistance Municipal Engineer” as of January, 2009. The Board congratulated him on his well deserved promotion.
DATED: February 20, 2009 Respectfully Submitted,
REVIEWED: March 2, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman