PLANNING BOARD MEETING
MINUTES: JUNE 14, 2010
MEMBERS PRESENT: Czesak, Duchscherer, Ferrentino, Starzynski, Sturniolo
MEMBERS ABSENT: Greco, Worrall
OTHERS PRESENT: Councilman Roesch, Robert Westfall, Assistant Town Engineer, Dorothy Westhafer and Those Listed Herein.
Chairman Sturniolo opened the meeting at 7:02 P.M.
MINUTES: Planning Board Meeting April 12, 2010
It was moved by Duchscherer Czesak to APPROVE the minutes
as submitted.
Roll Call: Ayes Duchscherer, Czesak, Ferrentino, Starzynski, Sturniolo
Noes None
Carried
VOUCHER: It was moved by Czesak Starzynski to APPROVE the following voucher
for payment:
Arlene Ehde, Recording Secretary - $174.72
Roll Call: Ayes Czesak, Starzynski, Duchscherer, Ferrentino, Sturniolo
Noes None
Carried
1. FROM: Town Board
RE: HAROLD AND KAY TYSON 62 COUNTRYSIDE LN.
REQUEST TO SELL CORNER OF LANDLOCKED PROPERTY
The request to sell a corner of a landlocked property behind the Tyson home at 62 Countryside Ln. to the owner of 96 Oakridge for the purpose of fencing his backyard, was reviewed.
It was moved by Czesak Starzynski to recommend APPROVAL of the sale of the corner as shown on a map submitted with the application, subject to the 15 private drainage easement.
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Roll Call: Ayes Czesak, Starzynski, Duchscherer, Ferrentino, Sturniolo
Noes None
Carried
2. FROM: Town Board
RE: SANDRA L. MERLETTI 2107 WEST RIVER RD.
EXCEPTION TO SUBDIVISION REGULATIONS
TRANSFER BETWEEN SBL #49.12-1-2.11 AND SBL #49.12-1-3.11
The request for an Exception to the Subdivision Regulations to transfer ten feet from 2107 West River Rd., SBL # 49.12-1-3.11, to 2117 West River Rd., SBL #49.12-1-2.11, was reviewed.
It was moved by Czesak Starzynski to recommend DENIAL of the request
based on its failure to meet our current zoning code. Applicant should seek
action through the Zoning Board of Appeals.
Roll Call: Ayes Czesak, Starzynski, Duchscherer, Ferrentino, Sturniolo
Noes None
Carried
3. FROM: Town Engineer
RE: RESTAURANT W/DRIVE-THRU WINDOW
2455 GRAND ISLAND BLVD.
SITE PLAN APPLICATION
Frank Ziolkowski with Zaxis Architectural, P.C. and Earl Malone of
the Mighty Taco Restaurants, appeared with a site plan for a restaurant with a drive-thru window at 2455 Grand Island Blvd.
They are proposing to take approximately 3,000 sq. ft. of the building that previously housed Blockbuster Video at the Plaza. They would like to have a drive-thru window attached to the building on the west side of the restaurant facing Grand Island Blvd.
The driveway gives room for stacking 16 17 cars. There is an escape lane towards the north. Mr. Malone stated that they normally have stacking for l6 17 cars. They take care of their customers in a minute to a minute and a half. There will be an arm with a height indicator in the driveway leading to the drive-thru.
The M&T kiosk is adjacent to their proposed driveway. There have been
discussions with M&T through Pyramid Brokerage. They are satisfied
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with the plan.
There was a discussion regarding the tractor trailers that park behind the plaza. A no trucks sign may have to be posted.
Traffic will need to be controlled for people who travel through the lot.
Another lane to the west of the M&T kiosk was discussed for traffic control. They will have to talk to the plaza owner on this matter.
There was also a discussion on restricting the exit from the ATM.
They will work with Engineering on signage.
It was moved by Duchscherer Czesak to recommend giving CONDITIONAL APPROVAL based on the following additions to the
C-102 drawing:
--The addition of a tear drop at the end of the drive-thru escape lane to control traffic from the ATM.
--Add a 12 by-pass lane west of the M&T kiosk.
--Discuss parking requirements with the owner.
Roll Call: Ayes Duchscherer, Czesak, Ferrentino, Starzynski, Sturniolo
Noes None
Carried
1. FROM: Town Board
RE: MINUTES March 15, April 5, 19, May 3, 2010
Received and filed.
2. FROM: Board of Architectural Review
RE: MINUTES March 16, April 20, 2010
Received and filed.
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3. FROM: Zoning Board of Appeals
RE: MINUTES April 1, May 6, 2010
Received and filed.
4. FROM: Traffic Safety Advisory Board
RE: MINUTES April 13, May 11, 2010
Received and filed.
1. FROM: County of Erie, Department of Environment and Planning
RE:
NEW YORK STATE DEPARTMENT OF STATE
TRAINING FOR LOCAL BOARDS JUNE 16, 2010
Received and filed.
1. FROM: Town Board
RE: LOCAL LAW INTRO #7 OF 2009
SHERIDAN TRANSIT ROD & GUN CLUB 551 RANSOM RD.
REZONING FROM R-1D TO CR
To remain on the TABLE.
2. FROM: Town Engineer
RE: WHITEHAVEN FARMS (REVISED) RIVER OAKS
CONCEPT DEVELOPMENT PLAN PROPOSED PDD
CURRENTLY ZONED R-2 WEST OF GOLF VILLAS
Sean W. Hopkins, Esq., Al Hopkins, Metzger Civil Engineering, PLLC
and Frank Grebenc appeared with a revised plan for Whitehaven Farms.
Sean Hopkins explained that after the April 12th Planning Board Meeting he submitted a revised plan on April 28th (DCP-8) providing a mixture of R-2 and R-1D lots and what he calls R-1D hybrid lots which have less than the required 160 depth. They have mixed lot sizes and home sizes.
On June 3rd, Mr. Hopkins and Mike Metzger met with Chairman Sturniolo and Robert Westfall, Assistant Town Engineer. Based on input from this
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meeting, on June 9th, they submitted another plan (DCP-10) with the following modifications as outlined in Mr. Hopkins letter dated June 10th:
1. The roadway connecting from the Project Site to Whitehaven Rd. has been moved to the east so that it will be aligned with the future road-
way on the opposite side of Whitehaven Rd. to Bonnywoods. This modification eliminates the repeatedly voiced concerns regarding the location of the previously proposed roadway connection at a point on Whitehaven Rd. that would have been between the future Bonnywoods connection and future Park Place patio home project connection. During our meeting, a concern was raised regarding the location of the previously proposed roadway connection based on the fact that additional development will occur in the vicinity of the Project Site in the future. The modification eliminates concerns regarding the possibility of conflicts resulting from projects in the vicinity in the future.
Mr. Hopkins noted that there is no longer a land swap with the Fire Company.
2. The proposed lots that will have frontage on the cul-de-sac on the
northwestern portion of the Project Site were modified so that all of the widths of all of the lots will be at least eighty feet (80). The previous Development Concept Plan included six (6) lots with a width of seventy feet (70).
There will be larger homes on the cul-de-sac.
3. The row of lots on the northern boundary of the Project Site that will
not be located with the cul-de-sac was modified so that all thirteen (13) of these lots will have a width of eighty feet (80).
4. The lots with frontage on the roadway on the southeastern portion of
the Project Site were modified to increase the number of lots with a
width of eighty feet (80).
There will be groups of larger homes and groups of smaller homes.
5. The depth of lots located between the portions of the internal roadways
that are parallel and oriented east to west was modified so that these lots will have a depth of one hundred and fifty five feet (155) instead
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of one row with a depth of one hundred sixty feet (160) and one row with a depth of one hundred and fifty feet (150).
6. The width of Lot #40 was increased from eighty three feet (83) to one
hundred feet (100) and the width of Lot #77 was increased from seventy feet (70) to eighty feet (80).
There are two lots to the east of the road that will connect to Whitehaven Rd. that are an odd shape. They are hoping to take some of the land from the golf course and add to this project. They cant do it at this time. However, they are working to put refinancing in place, which would allow the change in the size of the lots. If they are able to do this, they would come back, at a later date, with a revised plan. If they cant add to the lots, they may end up as green space.
There will be a vehicular connection to the existing residential subdivision to the east of the existing lake.
They have been working on this project for two years or more and are now asking for a favorable vote.
Mr. Westfall commented that Lot #71 may not be developed until the road is extended. It may be a turn around for now. Messrs. Hopkins and Grebenc stated that this is not a problem.
Mr. Duchscherer congratulated those present on coming up with a creative solution. He asked if they could put a slight curve in the road that connects to Whitehaven Rd. so that it would line up directly with Bonnywoods.
Mr. Hopkins stated that it is possible.
Mr. Starzynski commented that as a Board, we have been with this project for about 2-1/2 years. That process centered around the granting of a PDD. The original PUD no longer exists and the open space has been satisfied. We are being asked to designate this project as a PDD and it does not meet the requirements of a PDD with the 25% open or recreational space. Because of this, he cannot vote in favor of the project.
Mr. Starzynski referred to some correspondence in the last few months. Some explaining that the recreation fee has been satisfied. Others stating that the developer, Town Board and Planning Board are encouraged to work to benefit the community. There was also correspondence that this
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project does not comply with the definition of a PDD. At previous meetings, there were discussions of pocket parks, recreational space and gravel paths. He would like to see some recreational space or just passive green space.
Mr. Sturniolo stated that the reason he is backing off his position on green space is because the plan is almost mimicking the original PUD and the green space has been acquired for the entire project.
Mr. Hopkins commented on pocket parks. The biggest issue is the Town wont accept them and the owner should not be expected to keep them. The only other thing is a homeowners association, which would be an additional cost. They feel they would not be able to market the lots.
Mr. Westfall stated that there is R-2 on the property right now. They could have drawn a line and had R-2 across the front and applied for R-1D in the back. There would be zero green space. There wouldnt be the diversity as shown on this plan.
Mr. Starzynski commented that in approving this as a PDD, you are setting a bad precedent for any other developer with 20 plus acres.
It was again noted that there is a court settlement on the green space and the developer has satisfied that.
Mr. Hopkins explained that the property was purchased in 1990-1991 when it was zoned a PUD with much higher density. This proposal, which has less than 3 units per acre, is better than what the zoning is in place today. They showed a plan of what they could do with the R-2 zoning. Mr. Starzynski stated that the plan shown is in no way what could be built.
Mr. Duchscherer commented that while this was made a R-2 district, the proposed plan is significantly better than what could be there under the current zoning conditions. He feels comfortable with the plan and in looking out for the community.
Mrs. Westhafer asked if there are bike trails. There are not, but sidewalks are required. Ms. Ferrentino asked if this project could ever be tied into the Town bike paths. Mr. Westfall stated that there is nothing that could tie into this project.
Mr. Starzynski stated that he is not saying that it has to be 25% green space. What he is suggesting is some more thought given to green space
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in the form of passive green space, not parks and gazebos. Passive somewhere within the confines of the overall plan.
Area variances for downsized lots were also discussed.
Mr. Hopkins would like an approval tonight because it has been sixty days since the last presentation.
Mr. Duchscherer stated that he would like to table this matter. With those present, we have one member abstaining and one member voting no. There are two members who are absent tonight and have been involved in previous discussions. They should be allowed to voice their opinion.
Rather than wait another month, the Board agreed to a Special Planning Board Meeting next week.
It was moved by Duchscherer Ferrentino to TABLE Whitehaven Farms until we can have a Special Meeting, scheduled for 5:30 P.M. on June 21st. Furthermore, we recommend that this matter be on the agenda for the Town Board to schedule a public hearing on this issue.
Roll Call: Ayes Duchscherer, Ferrentino, Starzynski, Sturniolo
Noes None
Carried
Abstaining Czesak
It was moved by Czesak Duchscherer to ADJOURN at 8:38 P.M.
Roll Call: Ayes Czesak, Duchscherer, Ferrentino, Starzynski, Sturniolo
Noes None
Carried
Respectfully submitted,
Arlene Ehde, Recording Secretary