Minutes of the MAY 13, 2009 Meeting of the PLANNING BOARD OF THE TOWN OF ORCHARD PARK, S4295 South Buffalo Street, Erie County
MEMBERS PRESENT: Harold Fabinsky, Chairman
Kim Bowers
Eugene Majchrzak
William McNamara
Phillip Murray
EXCUSED: John Bernard
Paul Bodden
Nicholas Taneff, Alternate
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 7:33 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 April 8th Regular Meeting and April 22nd Special Meeting of the Planning Board were unanimously waived as each Board Member had previously received copies.
Mr. Murray made a motion, seconded by Mr. McNamara, to accept the minutes of the April 8, 2009 and April 22, 2009 meetings as presented.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
1. P.B. File #04-09, Village Tailor, 3479 Orchard Park Road, Zoned B-4. (SBL#152.20-4-9) Requesting a Change-In-Use from Single-Family to Single-Family with Business. Town Board referred to Planning Board on 2/18/09. Zoning Board of Appeals granted three variances on 3/17/09. Planning Board tabled at 4/8/09 meeting.
APPEARANCE: Mrs. Susan Jawad, Applicant/Owner
Mrs. Jawad presented a parking plan for the Board’s review prepared by a licensed NYS architect.
Chairman Fabinsky asked if the proposed parking plan required the removal of existing trees at the site. The applicant stated that it did not but that she would be removing two trees to increase the visibility of her business.
Building Inspector Geist told the Board that he reviewed the presented plan and found no issues or concerns. In addition, the Zoning Board of Appeals granted three variances on 3/17/09, one of which was for “front yard parking”.
Assistant Municipal Engineer Thomas Ostrander told the Board the proposal is acceptable; there are no Engineering issues or concerns.
Mr. McNamara made a MOTION, seconded by Mr. Fabinsky to recommend that the Town Board APPROVE the requested Change in Use at 3479 Orchard Park Road from Single-Family to Single-Family with Business 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 Zoning Board of Appeals granted three (3) Use Variances with a Stipulation on March 17, 2009.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #09-09, Carolina Furniture, 3144 Orchard Park Road, Zoned B-2. (SBL#152.16-5-1) Requesting Planning Board approval of outside display. Planning Board tabled at 4/8/09 meeting.
APPEARANCE: Mr. Dale Bielicki, Applicant/Owner
Mr. Bielicki told the Board that he would like to have approval for two-time periods, weather permitting, for his outdoor display/tent request; one in June and one in August. He would like to erect one (1) tent, 20-ft. x 40-ft. in size and have it remain for
a two-week period. He told the Board that the tent requires 3-days to set up and approximately four-days to remove.
Mr. McNamara discussed authorizing the Building Inspector to use his discretion to extend the Outside Display/Tent request for an additional year, after performing a review of the site.
The Board members discussed the request for the Outside Display and Mr. Bielicki indicated on the Site Plan where the seasonal items would be located.
Mr. McNamara made a MOTION, seconded by Ms. Bowers, to GRANT the request for an Outside Display and the Erection of a 20-ft. x 40-ft. Tent based on the Site Plan received March 2, 2009 and 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 structure.
3. There will no banners or additional signage for this facility.
4. The time periods for the Outside Display and Tent are as follows:
a. June and August 2009 for a two-week period to include outdoor furniture display under the covered sidewalk area and a 20-
ft. x 40-ft. tent.
b. June and August 2010 for a two-week period to include outdoor furniture display under the covered sidewalk area and a 20-
ft. x 40-ft. tent contingent on the approval of the Building
Inspector.
5. The Building Inspector will review the Applicant’s performance at the end of the first year and make the decision regarding the extension of the approval for the second year (2010).
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
3. P.B. File #14-09, Bounce Magic, 2881 Southwestern Boulevard. (SBL#153.06-2-3) Board to review two (2) requests, one for a bumper boat ride, the other to have a tent erected with up to (6) tables with (4) chairs per table in the fenced parking lot area.
APPEARANCE: Mr. Tim Wood, Applicant/Owner
Mr. Wood explained his request to operate a bumper boat ride and to have a tent erected with tables and chairs in a temporarily fenced parking lot area.
Building Inspector Andrew Geist told the Board that he has no issues or concerns with the request.
Mr. Murray established that the site is ADA compliant.
Ms. Bowers established that the size of the tent to be erected is 10-ft. x 10-ft.
Ms. Bowers made a MOTION, seconded by Mr. Fabinsky, to GRANT the request for seasonal outdoor expansion & the installation of a temporary fence from 6/1/09 to 10/1/09 based on the plan received 4/3/09 to operate an outside attraction known as “Bumper Boats” with 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.
3. There will be a maximum of six (6) tables with four (4) chairs per table placed in the temporarily fenced parking lot area with a 10-ft. x 10-ft. tent.
4. The Building Inspector has the discretion to extend the “Outside Display” for another year after performing a review of the site.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
4. P.B. File #19-09 Watson Chocolates, 3227 Southwestern Boulevard Zoned B-2. Located in the Tops Plaza. (SBL#152.16-7-1.1) Requesting Planning Board approval of Outdoor Seating.
APPEARANCE: Mr. James Joyce, Applicant/Owner
Mr. Joyce explained his request to the Board to provide outdoor seating for his patrons. He presented a photo of the site and told the Board that there is a fenced-in area in front of the store which was constructed by the plaza developer and which does not create any obstruction to pedestrian traffic.
Mr. Murray established that the site is ADA compliant.
Ms. Bowers established that the tables and chairs are a high quality resin material and that they will be brought in each evening.
Mr. Majchrzak made a MOTION, seconded by Mr. Fabinsky, to GRANT the request for outdoor seating from 5/13/09 to 10/31/09 and, conditionally, 5/1/10 to 10/31/10 based on the following conditions and stipulations:
1. This is a Type II SEQR action and therefore no determination of significance is required.
2. There will be three (3) tables and nine (9) chairs outside for patron use.
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 to the Planning Board after the first year.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
5. P. B. File #29-08, OPCS Federal Credit Union, 4000 North Buffalo St., Zoned B-1. (SBL#161.16-1-9.11) Requesting modification of north west corner of building to accommodate a drive-thru ATM and teller window on the existing site. Town Board referred to Planning Board on 11/05/08.
APPEARANCE: Mr. Lowell Dewey, C & S Engineers
Mr. Dewey presented and explained the Site Plan for the proposed drive-thru ATM and teller window. There will be three lanes of central traffic with a 25-ft. x 40-ft. canopy. Approximately 4 to 5 parking spaces will be removed; however, the site will still meet the Town parking requirement. In addition, Mr. Dewey told the Board that no new curb cuts will be put in, a storm water detention pond will be provided, and all site lighting added will be facing downward.
Planning Coordinator Orffeo noted that Conservation Board Chairman Richard Schechter determined that the landscaping changes proposed at the site were de minimis and did not need to be seen by the Conservation Board.
Mr. McNamara established that 15 to 20-vehicles can use the drive-thru area (3-rows) without impacting the driveway. He told the Board that the applicant does not feel there will be an increase in traffic flow at the site; the proposal is a convenience for their existing customers.
Assistant Municipal Engineer Thomas Ostrander stated that he found no issues with the submitted lighting plan for the proposed drive-thru area.
Planning Coordinator Orffeo stated that he, also, found no concerns after reviewing the submitted lighting plan for the proposed drive-thru area.
Mr. Majchrzak made a MOTION, seconded by Mr. McNamara, to move to recommend that the Town Board AUTHORIZE a Building Permit for the Site Plan received 4/13/09 to accommodate a drive-thru ATM and teller window on the existing site, 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 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 5/13/09.
6. A 3-year landscape completion bond in the amount of $5,230.00 shall be provided for the landscape plan received 11/19/08 which includes 69.5% total green space, prior to the receipt of a Building Permit.
ON THE QUESTION:
Building Inspector Geist inquired if the Architectural Review Committee had reviewed this project. Planning Coordinator Orffeo noted that when the moratorium was lifted Council Member Ackerman was asked to review the project, as the Architectural Review Committee had not been formed yet. Mrs. Ackerman found the proposal to be acceptable.
The Chairman noted that if the Town Board has any concerns he feels that they will require the applicant to address them at the time of the TOWN Board’s review.
THE VOTE ON THE MOTION BEING:
MC NAMARA AYE
BOWERS AYE
FABINSKY AYE
MAJCHRZAK AYE
MURRAY AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. 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; referred to Planning Board on 1/21/09.
APPEARANCE: Mr. Dennis Boyle, Applicant
Mr. Boyle presented a letter from his legal council, Mr. Sean Hopkins, to the Board that included a brief history of this project. He, also, presented and explained a revised Site Plan to the Board members. In summary, the density of the project has been decreased; there are now 62-units; there are 152-parking spaces; the “gates” have been deleted; a cul-de-sac was created on the east; an access road is planned on the north side of the property and variances are no longer needed for the project.
Mr. McNamara discussed the private roadway with Mr. Boyle and Mr. Boyle confirmed that it will be built to conform to Town standards. Mr. Boyle also told the Board that maintenance at the site will be performed by a Homeowner’s Association.
Ms. Bowers asked Mr. Boyle to clarify the method that was used to achieve the reduction in density and Mr. Boyle stated that there are now blocks of five with units on each side.
Mr. Murray asked for clarification of the proposed parking plan. Mr. Boyle explained that each owner in the four (4) newly built townhouses will have a two-car garage, with two parking spaces, plus three parking spaces at the end of each driveway for guest parking. The existing two (2) buildings will have parking spaces adjacent to the owner’s unit. There will be a total of 152-parking spaces at the site, including handicapped parking spaces.
Mr. Murray also discussed Mr. Boyle’s SEQR submission. He asked Mr. Boyle to comment on the statement in the document that “one-hundred percent of the site is poorly drained”. Mr. Boyle noted he did not prepare the document; however, he told the Board that he believes a neighboring property is discharging water from their detention pond onto his site. Mr. Boyle stated that they will analyze the drainage at the site and determine a way to resolve it.
Assistant Municipal Engineer Thomas Ostrander explained the situation with the adjacent property, noting that an outflow pipe was collecting water at a low end of a detention pond and draining into an existing swale on Mr. Boyle’s property. Mr. Ostrander added that the pond and associated outlet was installed over 15-years ago. Mr. Ostrander told the Board that the water will be collected through Mr. Boyle’s system and passed on through; he further noted that Engineering approval will not be granted if the site does not comply with NYS DEC and Town Phase II Stormwater Regulations.
Mr. Murray stated that beginning this project by saying there is “one-hundred percent poor drainage” in the SEQR document is not a goal; in the final product of the SEQR process he does not want to find that the Board has created another “unhappy drainage situation”. Mr. Boyle assured the Board that he will enhance and make the drainage system 150% better.
Mr. Murray, also, inquired about the neighbors who have voiced concerns regarding the project, noting that he hopes that the Board will not have a SEQR situation where there is unresolved public controversy. He asked Mr. Boyle if he has met with area residents. Planning Coordinator Orffeo noted that if the project is approved for rezoning, Part II of the SEQR will be addressed at that time; that includes addressing public controversy. Mr. Boyle told the Board that he has initiated the process of reaching out to the area residents and concerns they have voiced.
Mr. McNamara asked for clarification on the site plan of the location of the units.
Chairman Fabinsky established that the existing two buildings will be restored. He asked Mr. Boyle to document meetings he may have with the area residents.
The Chairman canvassed the Board regarding the project as follows:
Mr. McNamara stated that he voted in the past to recommend the rezoning and he would support the rezoning again.
Mr. Majchrzak stated that the project will need to have all approvals granted and he would move forward with it.
Chairman Fabinsky stated that he feels if decaying buildings can be turned into something functional and part of the community, he would be comfortable supporting the project if the plan meets Town requirements.
Ms. Bowers stated that she is excited about refurbishing the existing site and moving forward.
Mr. Murray stated he identified the two areas with this project that he has concerns regarding.
There being no further business, the Chairman adjourned the meeting at 8:30 P.M.
DATED: May 19, 2009 Respectfully Submitted,
REVIEWED: May 26, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman