Minutes of the MARCH 11, 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
William McNamara
Phillip Murray
Nicholas Taneff, Alternate
EXCUSED: Eugene Majchrzak
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.
Upon a motion duly made and seconded the reading of the minutes of the February 11, 2009 Planning Board meeting was unanimously waived as each Board Member had previously received copies.
Mr. Taneff made a motion, seconded by Mr. McNamara, to accept the minutes of the February 11, 2009 meeting as presented.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD ABSTAINED
BODDEN AYE
BOWERS ABSTAINED
MC NAMARA AYE
MURRAY ABSTAINED
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED WITH THREE (3) ABSTENTIONS.
The Chairman noted that Alternate member Mr. Taneff will be voting this evening due to Mr. Majchrzak absence.
1. P.B. File #06-09, Lowe’s, 3195 Southwestern Boulevard, Zoned B-2. (SBL#153.13-1-3.111) Requesting Planning Board approval of outdoor display. (Renewal)
APPEARANCE: Mr. David Bennett, Store Manager Lowe’s
Mr. Bennett told the members that a more detailed plan had been prepared for the Board members to review with regards to his request for a renewal of their outdoor display.
Mr. Bernard asked for clarification regarding the trailers shown on the plan and the duration of time they would be present at the site. Mr. Bennett told the Board that there will be two storage trailers present year-round at the rear of the store; one will contain used appliances and the other will store wooden pallets. In addition, there will be a storage container for seasonal merchandise, March through October. Mr. Bennett assured the Board that no items will be placed in the fire lanes.
Building Inspector Andrew Geist told the Board that no problems occurred with the prior outside display approved by the Board.
Mr. Taneff made a MOTION, second by Mr. Bernard, to conditionally GRANT Outside Display comprehensively covering the period from March 12, 2009 to March 1, 2011 but qualifying in the seasonal phases described below that are based on the plan presented to the Board on 2/09/09. Stipulations are as follows:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. There will be no additional outside lighting for the display or temporary structure.
3. The petitioner is to provide and adhere to a schedule for seasonal display given to the Town Building Inspector.
For record keeping purposes, that schedule is as follows:
The garden shop display shall be from March 1st until October 1st of the calendar year; The fortified storage container shall also be allowed from March 1st through October 1st; The appliance and the pallet container is permitted year-round for up to a two-year period; For the winter season, snow blowers and similar equipment shall be allowed outside from October 1st through February 1st of the calendar year.
4. The grounds and display materials will be maintained in a manner consistent with the plan. They will be inspected by the Planning Board or its designee with the petitioner correcting any identified deficiencies in the layout structure.
5. There are to be no banners or signage.
6. Based on satisfactory performance by the petitioner during the first year, the Building Inspector has the discretion to extend the Outside Display for a second full year.
ON THE QUESTION:
Mr. Bernard stated he would like the following to be added to the motion;
The garden shop display shall be from 3/1/09 until 10/1 of the calendar year;
The fortified storage container shall also be allowed from March through October;
The appliance and the pallet container shall be year-round for the two-year period;
With regards to the winter season, snow blowers and similar equipment shall be allowed outside from 10/1 through 2/1 of the calendar year.
The Planning Coordinator stated that Item #3 of the motion covers what Mr. Bernard is trying to describe in the schedule that is to be submitted to the Building Inspector.
Chairman Fabinsky stated that the motion should allude to the seasonal phases as described in the letter of intent dated 2/9/09. He also stated that he would like an additional stipulation as follows; “The Board will grant the Building Inspector the discretion to extend the Outside Display for a second full year, after the Outside Display has been in effect for one-year”.
The proposed changes were incorporated into the above motion.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.O. File #05-09, Orchard Park Sheds and More, 2924 Southwestern Blvd., Zoned B-2. (SBL#153.06-1-4) Requesting Planning Board approval of outdoor display.
APPEARANCE: Mr. Peter Roll, Owner/Applicant
Chairman Fabinsky asked Mr. Roll to advise the Board as to the quantity of sheds he would like to have on display. Mr. Roll stated that based on a conversation he had with Rhonda, the previous applicant in this request, he understood that there could be three buildings in one section of the site, year-round.
Ms. Bowers made a MOTION, seconded by Mr. Fabinsky, GRANT Outside Display from March 12, 2009 through March 12, 2010 based on the site plan received 2/3/09 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 for the display or temporary structure.
3. The front section of the site shall contain no more than three (3) sheds/buildings at one time.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.O. File #03-09, Sun Enterprises, Inc., 3878 Southwestern Blvd., Zoned B-2. (SBL#161.09-4-12.1) Requesting Planning Board approval of outdoor display. (Renewal)
APPEARANCE: Mr. John Hayne, Owner/Applicant
It was established that Mr. Hayne would like to renew his request and have no more than eight (8) sheds on display at this location. The Board discussed placement of the sheds and Mr. Hayne told the Board that to the best of his knowledge there should be no line of site issues created for the adjacent Tim Horton’s. Mr. Hayne told the Board
that parking at the site has been stabilized with millings in place and the area is separate from the Tim Horton’s parking lot.
Mr. Bodden discussed allowing a two-year renewal period.
Chairman Fabinsky stated that the Board could allow the Building Inspector the discretion to extend the Outside Display for a second full year, after the Outside Display has been in effect for one-year.
Mr. Bernard established that the display period is to be from March through November of the calendar year.
Mr. Bodden made a MOTION, seconded by Mr. Bernard, to GRANT Outside Display from March 15, 2009 to November 15, 2009 and March 15, 2010 through November 15, 2010 based on the site plan received 1/30/09 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 for the display or temporary structure.
3. Eight sheds will be arranged in an area approximately 90-ft. wide x 28-ft. deep with a setback of 50-ft. from Southwestern Boulevard R.O.W.; sheds will be placed starting 10-ft. from the east property line and stretching approximately 90-feet towards the west, leaving over 50-ft. between the sheds and the parking curb. The setbacks will be the same as they have been the past two-years at 50-ft. with slightly more than that on the west to align properly with the angle of the roadway and Tim Hortons.
4. No more than eight (8) sheds are to be displayed at one time.
5. No more than one shed of the display may be displayed with a maximum height of 16-feet.
6. One sign may be erected with a maximum of 20-sq.ft. This signage is to be submitted to the Building Inspector’s office for review and approval.
7. The second year (2010) will be permitted at the discretion of the Building Inspector.
ON THE QUESTION
Mr. Bernard told Mr. Hayne to be aware that eight-larger units will not fit at the site.
THE VOTE ON THE MOTION BEING:
FABINSKY AYE
BERNARD AYE
BODDEN AYE
BOWERS AYE
MC NAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
There being no further business, the Chairman adjourned the meeting at 7:55 p.m.
DATED: March 13, 2009 Respectfully Submitted,
REVIEWED: March 17, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman