PLANNING BOARD MEETING
MINUTES: NOVEMBER 9, 2009
MEMBERS PRESENT: Czesak, Duchscherer, Greco, Starzynski, Sturniolo, Worrall
MEMBERS ABSENT: None
OTHERS PRESENT: Councilman Roesch, Robert Westfall, Assistant Municipal
Engineer and Those Listed Herein.
Chairman Sturniolo opened the meeting at 7:00 P.M.
MINUTES: Planning Board Meeting – October 13, 2009
It was moved by Starzynski – Czesak to APPROVE the minutes as submitted.
Roll Call: Ayes – Starzynski, Czesak, Duchscherer, Greco, Sturniolo,
Worrall
Noes – None
Carried
VOUCHER: Arlene Ehde, Recording Secretary - $108.75
It was moved by Starzynski – Czesak to APPROVE the voucher for
payment.
Roll Call: Ayes – Starzynski, Czesak, Duchscherer, Greco, Sturniolo,
Worrall
Noes – None
Carried
It was moved by Worrall – Duchscherer to suspend the rules and add the following to the agenda as #3:
STEPHEN J. KAPLAN AND CHRISTOPHER P. BEYER
1865 STONY POINT RD. AND 1839 STONY POINT RD.
MOVE PROPERTY LINES
Roll Call: Ayes – Worrall, Duchscherer, Czesak, Greco, Starzynski, Sturniolo
Noes – None
Carried
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1. FROM: Town Engineer
RE: DOUBLE-D CONSTRUCTION – 2735 BEDELL RD.
SITE PLAN APPROVAL/CONTRACTOR’S YARD
Mr. Drexilius appeared requesting Site Plan Approval for the proposed change in use from a storage facility to a contractor’s yard. The property is zoned M-2. A site plan was approved by the Town in November, 2005 for eight buildings for a storage facility.
Mr. Drexilius presented pictures of the site. He explained that the
millings that have been brought in will be used for a parking lot. The
temporary storage containers will eventually be removed. They have
been on the property for a couple of years. The people who are renting
would like to park their vehicles outside. Currently Niagara Mohawk is
parking their trucks, along with supplies, such as telephone poles and transformers, behind the buildings.
Mr. Sturniolo commented that the containers could be on site for another
eight years and is Mr. Learman aware of this. Mr. Drexilius replied “yes”.
When he is finished with the project, he will remove the containers. He
pointed out that many other businesses have containers onsite during construction.
There is commercial property on each side and behind this property with residential across the road. Traveling east or west, his property is not very visible because of adjacent buildings and vegetation.
Mr. Drexilius said that eventually he will have a gate in the front with an arm that opens and closes with a swipe card.
He stated that the original drawing did not show berms, but he put in a 3’ berm with 4’ trees and an office on the front to make it look more residential because of the residences across the road.
Fencing for outdoor storage was discussed. Mr. Drexilius stated that adjoining properties have outdoor storage without fencing.
The Board would like another 3’ berm with 4’ trees for more screening.
Mr. Westfall stated that in his discussions with Mr. Whitney, they have to know how the rainwater will be handled. The new storm water regula-
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tions have to be met. Previous approval was for green space, now it is gravel and it will handle the water in a different way.
In the discussions, Mr. Drexilius stated that he is here for a contractor’s yard. He was told to update his site plan because of the storage containers, storage of millings and outdoor equipment, and parking of vehicles. Storm water was never mentioned. Mr. Westfall stated that storm water review is part of the site plan. His engineer needs to look at this matter.
It was moved by Starzynski – Czesak to recommend APPROVAL of the site plan as amended and agreed to at this meeting, pending engineering evaluation of storm water.
Roll Call: Ayes – Starzynski, Czesak, Duchscherer, Greco, Sturniolo,
Worrall
Noes – None
Carried
2. FROM: Town Engineer
RE: WHITEHAVEN FARMS/PART OF RIVER OAKS/PROPOSED PDD
CONCEPT PLAN – R-2 LANDS WEST OF GOLF VILLAS
WHITEHAVEN RD.
Michael Metzger, P.E., Metzger Civil Engineering, PLLC and Frank Grebenec appeared proposing a PDD and a concept plan for Whitehaven Farms on R-2 zoned lands west of the Golf Villas on Whitehaven Rd.
Mr. Metzger explained that they are proposing a PDD on 55 acres, on the western most portion of the River Oaks project. This is the next phase of the overall project. There are two more parcels left to develop.
Through the rezoning process in 2004, this area was rezoned to R-2 as part of the Town wide rezoning. This zoning does not fit in the overall plan of the project. The development plan is for single-family homes not of a patio home configuration.
They would like a conventional subdivision where the lots are sold to property owners or possibly builders. They would like any type of single family home with architectural approval. R-2 zoning only allows for patio homes. They already have patio homes and Mr. Grebenec does not want to flood the market with more patio homes.
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They have not made a formal submittal for the PDD zoning. They have only had informal discussions.
Their as-of-right plan shows 226 units, R-2 zoning 172 units, R-1E zoning 168 units and PDD 146 units.
The rational for changing the zoning to R-2 in 2004 was discussed. The original master plan for River Oaks showed apartments. The highest and most dense would be R-2.
It was noted that 25% green space is required within a PDD. Mr. Metzger stated that in working with the Town Board, it has been determined that they have met the 10% open space requirement and recreational fees for this project. He said that the Town Attorney is satisfied that the 10% has been met. They feel that the open space/recreational fees matter is settled.
The Board stated that by changing the zoning to PDD, the 25% would be required. Mr. Sturniolo commented that this Board needs advice from
Mr. Spitzer on the open space requirement.
Mr. Metzger stated that 230 acres of open space has been provided for this project. Another 25% in open space cannot be a viable option for them.
Mr. Metzger was asked if he ever did a plan for R-1D. He stated that they have not submitted a plan. It doesn’t lay out very well. They would lose more lots. The lots they are proposing for the PDD would comply with
R-1D, except for the depth. The majority of the lots they are proposing are 140’. They can’t get 160’.
Mr. Metzger was asked if they gave any thought to attached town homes, maybe 2 or 4 to a building? His client is not interested in doing this right now.
The Fire Company property was discussed. The Board questioned where the property is going to be and what are the agreements that are going to be in place. Mr. Metzger stated that there have been very preliminary discussions. They told them of the intent to relocate the property to some other area on the property. It will have to be mutually agreed upon by the developer and the Fire Company. He stated that the Fire Company attorney said it could not be more than 1,000 feet from the designated parcel. However, there may be a rethinking of the matter. They may like
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it closer to the intersection of East River Rd. There are no answers at this time.
Mr. Metzger was told that the Town would like a Master or Concept Plan for the balance of the land. He said they have repeatedly said the area around the lakes would be low to medium density and north of Whitehaven Rd. has always been low to medium density. They don’t want to be locked into anything right now. The layout may not be good when they can develop it in maybe 5 – 10 years from now. All the remaining lands are zoned R-2. Mr. Sturniolo pointed out that to build low to medium density, they would have to come back for rezoning.
R-1E zoning was discussed. Mr. Metzger asked if the Planning Board would consider R-1E zoning. Mr. Sturniolo stated that R-1E says it is the continuation of existing conditions. This project would not fit into this zoning. Mr. Metzger stated that this is a unique project and a unique setting. The Town could stand behind the R-1E zoning.
After a further discussion regarding open space and recreation fees,
it was moved by Starzynski – Czesak to request that the Town Attorney attend our next Planning Board meeting on December 14th to advise us on the open space issue.
Roll Call: Ayes – Starzynski, Czesak, Duchscherer, Greco, Sturniolo,
Worrall
Noes – None
Carried
3. FROM: Town Engineer
RE:
STEPHEN J. KAPLAN AND CHRISTOPHER P. BEYER
1865 STONY POINT RD. AND 1839 STONY POINT RD.
MOVE PROPERTY LINES
Mr. Kaplan appeared. It was explained that he and Mr. Beyer own a 70’ ROW, which they would like to split, with 35’ being allocated to each of their adjoining properties. The ROW has been abandoned.
This split will not create a landlocked parcel.
It was moved by Worrall – Starzynski to recommend APPROVAL of the request to allow this split of the 70’ ROW to be divided evenly between the two property owners, making no additional new parcels.
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Roll Call: Ayes – Worrall, Starzynski, Czesak, Duchscherer, Greco,
Sturniolo
Noes – None
Carried
1. FROM: Town Board
RE: MINUTES – September 21, October 5, 2009
Received and filed.
2. FROM: Board of Architectural Review
RE: MINUTES – September 15, 2009
Received and filed.
1. FROM: Erie County Dept. of Environment and Planning
RE:
STATE ENVIRONMENTAL QUALITY REVIEW TRAININGS
NOVEMBER 18 AND 19, 2009
Received and filed.
2. FROM: Edmund E. and Sylvia A. Colan and Kevin P. Dugan
RE: SHERIDAN TRANSIT GUN CLUB – 551 RANSOM RD.
REQUEST FOR REZONING
Received and filed.
None
It was moved by Czesak – Starzynski to ADJOURN at 9:05 P.M.
Roll Call: Ayes – Czesak, Starzynski, Duchscherer, Greco, Sturniolo, Worrall
Noes – None
Carried
Respectfully submitted,
Audrey Czesak, Secretary