Minutes of the JULY 8, 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
Eugene Majchrzak
William McNamara
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: Kim Bowers
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Andrew Geist, Building Inspector
Thomas Ostrander, Assistant Municipal Engineer
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.
Upon a motion duly made and seconded, the reading of the minutes of the June 10, 2009 Regular Meeting of the Planning Board was unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. Bernard, to accept the minutes of the June 10, 2009 meeting as presented.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN ABSTAINED
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED WITH ONE (1) ABSTENTION.
The Chairman noted that Alternate member Mr. Taneff will be voting this evening due to Ms. Bowers’ absence.
1. P.B. File #28-08, Johnson Office Building, Vacant Land, South Taylor Road, Zoned I-1. (SBL#161.19-2-5.1) Applicant is requesting a Building Permit and Site Plan approval for the construction of a 3,072 +/- sq. ft. office building. Town Board referred to Planning Board on 6/18/08. Note: The Zoning Building of Appeals granted an Area Variance on 8/21/07 for a 15-foot setback.
APPEARANCE: Mr. Robert Gill, Architect
Mr. Gill told the Board that he is representing contractor Thomas Johnson, who presently has his business located on North Buffalo Road in Orchard Park. He explained that Mr. Johnson needs to expand his business and he would like to remain in Orchard Park. Mr. Gill distributed elevations of the proposed building for the members to review stating that, the building will be brick and frame and that the lot is in an unusual shape of a “bow tie”. He further stated that the site will be developed in two phases and that he is initially seeking approval of Phase I, which would include the construction of the office building and all site drainage; Phase II will be the construction of a warehouse. Mr. Gill stated that approvals have been received by the Conservation Board for the landscaping plan and the Zoning Board of Appeals for a side yard setback variance request. In addition, necessary approvals from Erie County have been received.
The Board members questions established that 9-parking spaces will be constructed during Phase I; an additional 14-parking spaces will be added during Phase II. The business will have up to four-employees working in the office building. Building Inspector Andrew Geist verified that the variance obtained in 2007 is still in effect, as the project has always remained active.
Mr. Bernard made a MOTION, seconded by Mr. Fabinsky, to recommend that the Town Board AUTHORIZE a Building Permit for a 3,072-sq. ft. office building (Phase I) and APPROVE the Site Plan received 6/29/09 based on the following conditions and stipulations:
1. This is an Unlisted SEQR action based on the submitted Full EAF, Parts One and Two, 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 was granted on 7/8/09.
6. In accordance with the Conservation Board Minutes, a three-year Landscape Completion Bond in the amount of $18,048.00 shall be provided for the approved Landscape Plan for Phase I, which includes 53.4% total site green space, prior to the receipt of a Building Permit.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #18-09, Volkswagen of Orchard Park, 3524 Southwestern Boulevard, located on the north side of Southwestern Boulevard and west side of Milestrip Road, Zoned I-1. (SBL#161.07-7-5) Applicant is requesting a Building Permit and Site Plan approval to construct additions to the existing building for a new showroom and customer waiting area for combined new construction footage of 5,000-sq. ft. Town Board referred to Planning Board on 5/6/09.
APPEARANCE: Mr. Bill Wincott, D.R. Chamberlain Corp.
Mr. Wincott explained that the proposed renovations are franchise driven by “Volkswagen”; Volkswagen is campaigning to have their dealerships create a look of similarity by rewarding incentives. The proposed expansion will include a new drive-through service lane, additional office space and an increased showroom area. No additional parking spaces or storage area will be created. However, the percentage of green space at the site will be increased.
Chairman Fabinsky stated that he was in attendance at the Conservation Board meeting and he recalls that the project was “conditionally approved” with the stipulation that the applicant must submit a revised plan prior to the Town Board meeting scheduled for 7/15/09. The plan will be reviewed by a Conservation Board member who will determine if the plan is acceptable.
Mr. Murray asked for clarification on the parking island “trade-off” discussed at the Conservation Board meeting. Mr. Wincott stated that to comply with the “trade-off” a revised plan has been submitted based on comments made by the Board members. Conservation Board member George Schichtel has been contacted; he or another Board member will review the plan and determine if it is acceptable prior to the Town Board meeting. Mr. Wincott stated that if it is determined that the plan is not sufficient he will be more than happy to comply with any additional request.
Mr. Bernard established that there will be no new outside lighting at the site. He, also, asked for clarification regarding the square footage of the project. Mr. Wincott stated that the total square footage of new construction will be 4,898-sq.ft.
Mr. Fabinsky made a MOTION, seconded by Mr. McNamara, to recommend that the Town Board AUTHORIZE a Building Permit for a 4,898+/-sq. ft. addition and APPROVE the Site Plan received 6/15/09 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. The site lighting is limited to those fixtures and poles indicated on the approved site plan. Light fixtures, should they exist, 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. In accordance with the Conservation Board minutes, final approval of the July 8, 2009 Landscape Plan must be received prior to the July 15, 2009 Town Board meet- ing and a three-year Landscape Completion Bond in the amount of $5,000.00 shall
be provided for the approved Landscape Plan, which includes a 53.4% total green space level, prior to the receipt of a Building Permit.
6. Mr. Schichtel (or another member) will represent the Conservation Board in giving that Board’s final approval.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
FABINSKY AYE
MAJCHRZAK AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File #21-09, Taco Bell, Vacant Land, located on the east side of Orchard Park Road, Patrick Cannon Funeral Home is adjacent property on the north and Full Gospel Tabernacle is adjacent property on the south), Zoned B-2. (SBL#’s 152.16-4.1 & 152.16-4-15) Applicant is requesting a Building Permit and Site Plan approval for the construction of a 2,719-sq. ft. Taco Bell restaurant, with a drive-through and customer parking. Note: Applicant is scheduled to appear before the Zoning Board of Appeals on 7/21/09 for a Front Yard Parking Variance request. Town Board referred to Planning Board on 6/3/09.
APPEARANCE: Mr. Lowell Dewey, C & S Engineers
Mr. Dewey presented the Landscape Plan to the Board, noting that a Landscape Value Estimation form in the amount of $15,000.00 was submitted at the recent Conservation Board meeting for this site. He stated that the project received Conservation Board approval, contingent upon submitting documentation that the endangered plant known as “Putty Root” is not threatened or present at the site. Mr. Dewey stated that the site will have 31-parking spaces and be code compliant; the restaurant will have 66-seats and a drive-through area.
The following was discussed or commented on:
• Provide additional information on stacking numbers at the drive-through for the Board to review.
• Provide a photometric plan.
• Provide documentation on the easement with the Full Gospel Tabernacle.
• The applicant is scheduled to appear before the Zoning Board of Appeals at their 7/21/09 meeting to request an Area Variance for Front Yard Parking for two parking spaces.
• Provide documentation indicating that the “Putty Root” is not threatened or not present at the site.
• Established that a complete Site Plan must be submitted for review.
• Assistant Municipal Engineer Thomas Ostrander commented on the pond area and possible guard rail, due to the close proximity of the Orchard Park Roadway; as noted, NYS D.O.T. approval of a curb cut and drainage outfall will be required.
• The hours of operation may be “open past midnight”.
• The proposed colored building elevations must be vastly improved; the applicant was told to refer to the McDonald’s across the roadway.
OTHER DISCUSSION:
Pleasant Acres Subdivision
There being no further business, the Chairman adjourned the meeting at 8:05 P.M.
DATED: July 9, 2009 Respectfully Submitted,
REVIEWED: July 23, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman