Minutes of the OCTOBER 14, 2009 Special 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
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.
Upon a motion duly made and seconded, the reading of the minutes of the August 12 & August 26, 2009 Meetings of the Planning Board were 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 August 12 and August 26, 2009 meetings as presented.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that Alternate member Mr. Taneff will be voting this evening due to Mr. Majchrzak’s absence.
NEW BUSINESS:
1. P.B. File #30-09, David & Kerri Hollins, proposed 1-lot Subdivision 4.7 +/- acres, Vacant Land east side Angle Road north of Milestrip Road, Zoned R-2. Requesting Pre-Application Findings Review of a 1-lot subdivision.
APPEARANCE: Mr. David Hollins, Applicant
Mr. Hollins told the Board that he is under contract to purchase property from Mr. Joseph McNamara on Angle Road and that he would like to construct a single family home here for his family.
Mr. Bernard verified that Mr. Hollins had discussions with the Engineering Department regarding this property and he was aware that the sewer must be a septic system and the requirements for the plat plan.
Mr. Bernard made a MOTION, seconded by Mr. Fabinsky as follows:
Regarding Planning Board Subdivision File #30-09, the following Pre-Application Findings are made based on the submitted sketch plan received 9/02/09 and the applicant has detailed:
· The total acreage is 4.71 acres.
· The desired zoning classification is R-2.
· The number of possible stages of completion is 1.
· The applicant's position with respect to title is Contract to Purchase.
1. The zoning will remain as is.
2. Access to surrounding properties is via Angle Road.
3. Recreation fees in lieu of recreation area will be provided in accordance with Section 144-70E of the Town Code and shall be paid prior to the Final Plat Plan Public Hearing.
4. Subdivision Development fees, per Section 144-70D of the Town Code, shall be paid prior to the Preliminary Plat Plan Public Hearing.
5. One (1) Street Tree per the Conservation Board's Street Tree Plan shall be provided on each lot per Section 120-3F of the Town Code.
6. The applicant shall complete and submit the Short EAF, Parts 1 and 2 for this Unlisted SEQR action.
ON THE QUESTION:
Planning Coordinator Orffeo told the Board that the Conservation Board reviewed the applicant’s request and determined that fees should be accepted in lieu of recreation area and that one street tree is to be planted.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
Mr. Bernard made a MOTION, seconded by Mr. Bodden, to AUTHORIZE the Chairman to set a Public Hearing when he deems appropriate; he also moved that a Preliminary/ Final Plat Public Hearing be held at the same time.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #24-09 Amigone Funeral Home, 6170 West Quaker Street, located on the north side of West Quaker (Route 20A) Zoned B2. (SBL#172.08-4-33.1) Amigone Funeral Home is requesting a Building Permit and Site Plan approval to construct a 3,300 sq. ft. addition to the existing building and provide approximately 13-additional parking spaces with site improvements. Town Board referred to Planning Board on 8/19/09.
APPEARANCE: Lowell Dewey, C & S Engineers
Terry Meyers, LBM Construction
The Chairman asked Mr. Dewey to explain the site improvements proposed to the Board members.
Mr. Dewey told the Board that the site entranceway will be improved by flattening an existing “bump” and widening the driveway. Parking spaces at the site will be increased by 13-spaces and island areas with landscaping have been added. In addition, Town stormwater detention standards have been addressed at the site. He further told the Board that the intention of the proposed project was to double the service area of the building.
Mr. Taneff asked for clarification regarding the plantings on the west side of the proposed addition. It was established that Japanese Yews will be planted in this location.
Ms. Bowers, liaison for the Historic Preservation Board, noted that the proposed addition will blend well with the existing structure. She verified that a flat roof will be used on the building addition.
Mr. Bernard stated that he reviewed the submitted lighting plan and found that the plan needs to specify that house shields are to be used at the site and not cut-offs. He discussed lighting in the parking lot area and established that this lighting will be shut off daily at approximately 10:30 P.M.
The Chairman confirmed that the total percentage of interior green space at the site is 9.7%. Planning Coordinator Remy Orffeo told the Board that the Conservation Board
performed an extensive review of the proposed project; due to the existing nature of the lot and the proposed improvements, the members found the proposal acceptable.
Ms. Meyers presented photos of the existing building and explained elevations of the proposed addition to the Board members. She told the members that a comparable building “look” exists in the nearby town of East Aurora, New York.
Upon reviewing the elevations Mr. Bodden stated that he felt the proposal is acceptable.
Assistant Municipal Engineer Thomas Ostrander told the applicants that the plans submitted need to be re-submitted with the correct address on them for the site.
Mr. Dewey told the Board that two parcels, owned by the applicant, are being merged. Board discussion concluded that if the project is approved, the motion will include a stipulation that, prior to the issuance of the Building Permit that the merger of the parcels must be complete. In addition, the applicant must submit an adequate number of copies of the Site Plan with a correct address on them.
Mr. Fabinsky made a MOTION, seconded by Mr. Bodden, to recommend that the Town Board AUTHORIZE a Building Permit to construct a 3,315 +/-sq. ft. addition to the existing building and provide approximately 13-additional parking spaces with site improvements and APPROVE the Site Plan received 10/01/09 based on the following conditions and stipulations:
1. This is a Type II 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. There will be 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 10/14/09.
6. After review and recommendation by the Conservation Board, a three-year landscape completion bond in the amount of $5,130.00 shall be provided for the landscape plan received 9/08/09 which includes 9.7% total green space, prior to the receipt of a Building.
7. Additionally, prior to the issuance of the Building Permit, the merger of the two (2) parcels must be complete and the address must be correct on all copies of the proposed plan submitted to the Town of Orchard Park.
THE VOTE ON THE MOTION BEING:
BERNARD AYE
BODDEN AYE
BOWERS AYE
FABINSKY AYE
MCNAMARA AYE
MURRAY AYE
TANEFF AYE
THE MOTION WAS UNANIMOUSLY APPROVED.
CONCEPT REVIEW:
1. P.B. File #28-09 David M. Burke for Dato Development, 3705 & 3707 Southwestern Blvd., located on the south east corner of Southwestern Blvd. and Taylor Road, Zoned I-1. (Former site of “End Zone”; existing structures were demolished) Applicant proposes to construct a 2,809-sq. ft. “Value Auto Care Center” building. Town Board referred to Planning Board on 8/19/09.
APPEARANCE: David Burke, Burke Homes
Tom Shea, Value Auto Care Center
The Board members discussed the proposed project with the applicants and determined that they would like a revised plan that includes two routes of ingress and egress to the facility; the Board would like an entranceway located on Taylor Road as well as the one on Southwestern Boulevard. It was felt that there is poor sight distance on Southwestern Boulevard with a fast traffic flow and there should be an option for customers to access the site from Taylor Road.
Several members felt that this type of business will not have a heavy flow of customers. It was also established that there is only one proposed structure planned for the site and that the remaining area at the location will be green space.
The Planning Coordinator will forward a copy of the revised plan to the Public Safety Committee for their review and comments for the Board.
OTHER BUSINESS:
1. P.B. File #10-07, Bryan Young Orchard Grove Apartments, Vacant Land, California Road, Zoned R-4. (SBL#161.18-1-3) Requesting Revised Pre-application Findings Review of a proposal to construct a 192-unit apartment complex. Planning Board to discuss project.
APPEARANCE: Mr. Bryan Young, Developer
Mr. Robert Cantwell, BMS Associates
Chairman Fabinsky stated that the Board felt that the numerous revisions to the project made it so that the Board no longer had a clear idea of what the project was. The Board has spend considerable time studying the project and determined that the number of units, number of phases, scope of the property, and the expanse of the borders have changed so much that it is not the same project that the Board issued Pre-Application Findings on. The sense of the Board is to ask the applicant to bring the project back because it is substantially different from what the Board issued its findings for. The Board discussions went on to look at issues of Engineering, Fire Company access and others. One key thing the Board will be looking for in your plan is
connectivity; there can be no (crash) gates. The Town of Orchard Park Engineering and the Erie County Department of Public Works recommend free emergency access for safety. In addition, the Town needs paper work to indicate clear title to the property or evidence that a contract to purchase the property in effect so that the Board knows there is some viable position with respect to ownership. The Board favors a public roadway into and out of the project, based on issues of quality of construction. The Chairman stated that a Niagara Mohawk power line ROW area is contiguous to this property; he told the applicants that as part of the SEQR process, the Board will require information regarding potential health issues that may exist and required setback to the power lines.
Mr. Young stated that he was a little confused; time and money have been invested. Mr. Cantwell stated he is looking for direction from the Board and that he would like to move forward. If the project includes adjacent land, the units will be increased from 157-units to 192-units. Chairman Fabinsky stated our records indicated 152-units.
Mr. Young presented a revised concept plan for the members to review. He stated that his new plan will have connectivity from California Road to Shadow Lane with a dedicated public street. Mr. Young also discussed use of the site for senior housing and an SR designation.
Mr. Young was told by the Planning Coordinator that if senior housing is being sought, he must apply for a rezoning of the property. Mr. Young stated that he did not feel he would lock himself into seeking a senior housing designation as noted on the plan and he would revise the plan to reflect this.
The Board briefly reviewed the revised plan and Assistant Municipal Engineer Thomas Ostrander asked Mr. Young to submit 6-copies to the Planning Office for distribution to the Engineering Department, Building Inspector and applicable Boards for further review and comments.
There being no further business, the Chairman adjourned the meeting at 8:20 P.M.
DATED: October 19, 2009 Respectfully Submitted,
REVIEWED: November 9, 2009 Rosemary M. Seivert
Planning Board Secretary
Harold Fabinsky,
Planning Board Chairman