Minutes of the JANUARY 14, 2009 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
Philip Murray
Nicholas Taneff, Alternate
EXCUSED: Remy C. Orffeo, Planning Coordinator
OTHERS PRESENT: 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 noted that the Board offered its thanks to the last year’s Chairman, Mr. McNamara for his service and leadership.
Upon a motion duly made and seconded the reading of the minutes of the December 10, 2008 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Bodden, to accept the minutes of the December 10, 2008 meeting as presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD ABSTAINED
BODDEN AYE
BOWERS AYE
MC NAMARA AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED WITH ONE (1) ABSTENTION.
NEW BUSINESS:
1. P.B. File #53-08, Blu Spa & Salon, 3030 Orchard Park Road, located on the west side of Orchard Park Road, Zoned B-2. (SBL#152.12-1-10.1) Board to review a request for Temporary Outside Display for several occasions in 2009.
APPEARANCE: Mrs. Vicki Kehr, Applicant/Owner
Mrs. Kehr told the Board that the outside sales that took place using the “hut” that had been approved in December of 2008 was a huge success for her business.
The Chairman confirmed that the temporary structure will be stored at all times, other than for the dates indicated in the submitted letter of intent.
Mr. Majchrzak made a MOTION, seconded by Mr. Bodden, to GRANT Outside Display for the following dates:
From 02/09 thru 02/14/2009
05/04 thru 05/10/2009
06/15 thru 06/21/2009
12/18 thru 12/26/2009;
Based on the site plan received 1/05/09 and the following stipulations:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. There will be no additional outside lighting, except for seasonal type/Christmas lights for the display or temporary structure.
3. The structure will be approximately 6’ x 8’ and be 8-ft. in height, wooden with a seasonal theme.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MC NAMARA AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File #54-08, Boston Valley Terra Cotta, 6860 South Abbott Road, Zoned A-1. (SBL#197.00-1-12.1) Applicant is proposing to construct a 17,200-sq. ft. building addition and site improvements. Zoning Board of Appeals granted a variance to extend a Non-Conforming Use on 12/16/08. Town Board referred to Planning Board on 12/17/08
APPEARANCE: Mr. John Krouse, Applicant/Owner
Mrs. Patricia Bittar, Wm. Schutt & Associates
Mrs. Bittar presented and explained the project to the Board, noting that there will be two phases; Phase 4 now and Phase 5 at a later date. There will be no increase in the number of employees; the project is needed to accommodate new equipment. She told the Board that the Zoning Board of Appeals granted a variance on 12/16/08, that a total of three curb cuts will exist; however, a new curb cut will be put in place and an existing one will be eliminated.
The Board told the applicant that they would like colored elevations and renderings and lighting information/plan provided to the Board for the project. The Board also asked Mr. Krouse if he could share any long-range plans he may have for the site with the Board.
Mrs. Bittar noted that a nearby resident expressed concerns at the Zoning Board of Appeals meeting regarding lighting from the site affecting his property; she told the members that they have not been able to identify this problem. She was asked to contact the neighbor and ask them to show or describe their concerns.
2. P.B. File #47-06, Taylor Road Townhouses, proposal to construct 59-townhouse units upon Vacant Land, East side of Taylor Road, Zoned R-3. (SBL#161.00-3-26) Applicant is seeking a Special Exception Use Permit for Multi-Family Dwelling Units. Town Board referred to Planning Board on 10/1/08.
APPEARANCE: Mr. Sean Hopkins, Attorney
Mr. Hopkins noted that the proposed project is for 59-townhouses and not 69 as the agenda states to be constructed upon 15.5-acres of vacant land. He told the Board that each upscale townhouse unit will include an attached two-car garage; there is a need in Orchard Park for this type of housing and that the applicant feels the location offers easy access to Route 219, the Village of Orchard Park and that there are not many nearby neighbors. Mr. Hopkins further noted that the density of this project was reduced significantly from what had been originally proposed. The project was granted variances in October, 2007 by the Zoning Board of Appeals.
Mr. Hopkins submitted a letter from Metzger Civil Engineering regarding the applicant’s pursuit to obtain an amendment to the floodplain map. He told the Board this will be a lengthy process.
Chairman Fabinsky noted the following concerns the Board has for the project:
• Site distance.
• Project abuts to Town parkland, making this a Type 1 SEQR Action and making it likely that the Board will seek contiguous recreation land rather than fees.
• Concerns exist regarding augmenting a Town land existing resource. He feels the interest will most likely be in land, rather than fees.
• There are flood plain concerns; the applicant’s plan shows a 100-year floodplain; the Board would like a 500-year floodplain shown also.
• The plan only shows Federal wetlands; there are questions regarding sizes and they differ from the delineation report.
• The plan does not show any state wetlands.
• The traffic study is out-of-date.
Mr. Murray stated that he recalls this is a complex project; when he reviews the file he anticipates pursuing the obvious complexities.
Ms. Bowers, noted that she was not on the Planning Board at the time the project came before that Board; however, she had held a position on the Zoning Board of Appeals at the time it came for the variance requests and she was very familiar with this project. She stated that her obvious concerns at that time were having one access into the site for the project. Mr. Hopkins noted that the access driveway was made wider and that there is not another location available to provide access into the site. Ms. Bowers established that the townhouses will sell for approximately $200,000.
Mr. Majchrzak stated he feels the applicant should determine if it makes financial sense to pursue the project based on Board comments from 2003 and a correspondence received today from the Engineering Department to the Planning Board members, a copy of which will be provided to Mr. Hopkins.
Mr. Bodden verified with Mr. Hopkins that a new owner is the sponsor for this project.
Mr. Bernard established that there will be no basements constructed with the proposed townhouses.
Assistant Municipal Engineer Thomas Ostrander gave Mr. Hopkins a copy of the Engineering Department correspondence and told Mr. Hopkins that he would be happy to meet with him after the meeting to discuss the project.
There being no further business, the Chairman adjourned the meeting at 7:58 P.M.
DATED: January 15, 2009 Respectfully Submitted,
REVIEWED: January 20, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman