Presentation by petitioner: Rebuttal by neighborhood/resident spokesperson:

Transcription

1 AGENDA TOWN OF AMHERST PLANNING BOARD MEETING May 18, :30 PM The Planning Board will hold a public work session at 6:00 PM in the Amherst Town Board Conference Room, 5583 Main Street, Williamsville NY on the same date. This meeting is being video recorded and video streamed. ROLL CALL: Present Absent Black Gelber Gilmour Giuliani Herberger Shapiro Ulatowski MINUTES APPROVAL April 20, 2017 Note: There will be no public hearing or opportunity to speak for the projects listed under the Unfinished Business section of this agenda. Please note that the Planning Board has adopted time limits for speakers at their hearings: Presentation by petitioner: Rebuttal by neighborhood/resident spokesperson: Individual speakers: 15 minutes 15 minutes 3 minutes PUBLIC HEARINGS SITE PLANS & RELIEF FROM CONDITIONS OF SITE PLANS 1. PROPOSED DAEMEN COLLEGE PARKING EXPANSION, SP X 1.1 Property located at 4380 Main Street (formerly 99 Getzville Rd.) Daemen College, Petitioner PLANNING BOARD MEETING May 18, 2017 PAGE 2

2 2. PROPOSED PARK SCHOOL SCIENCE BUILDING, SP M 2.1 Property located at 4625 Harlem Road The Park School of Buffalo, Petitioner SUBDIVISIONS & RELIEF FROM CONDITIONS OF SUBDIVISIONS None REZONINGS & RELIEF FROM CONDITIONS OF REZONINGS 1. REQUEST TO REZONE LAND FOR A PLANNED UNIT DEVELOPMENT 3.1 ENTITLED WESTWOOD NEIGHBORHOOD ; THAT INCLUDES THE FOLLOWING, Z C (1) REZONE ACRES OF LAND FROM RC (RECREATION CONSERVATION) AND R-3 (RESIDENTIAL) AS FOLLOWS: ACRES TO TND (TRADITIONAL NEIGHBORHOOD DEVELOPMENT), ACRES TO MRF-7 (MULTI-FAMILY RESIDENTIAL) AND ACRES TO GB (GENERAL BUSINESS); AND (2) DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT (DGEIS) Property located at 772 North Forest Road (portion) and 375, 385 & 391 Maple Road Mensch Capital Partners, LLC, Petitioner 2. REQUEST TO REZONE 8.07± ACRES OF LAND FROM SA (Suburban 4.1 Agricultural) & OB (Office Building District) TO MFR-5 (MULTIFAMILY RESIDENTIAL DISTRICT FIVE), Z A Property located at 2360 Sweet Home Road (portion) RAS Development 1, LLC, Petitioner 3. REQUEST TO REZONE 1.0+ ACRE OF LAND FROM RD (RESEARCH 5.1 AND DEVELOPMENT) TO GB (GENERAL BUSINESS DISTRICT), Z Property located at 1260 Sweet Home Road John Shaflucas, Petitioner MISCELLANEOUS None OTHER COMMUNICATIONS None All public hearings are completed and closed at the termination of public discussion for each agenda item unless otherwise specified by the Chair. PLANNING BOARD MEETING May 18, 2017 PAGE 3

3 UNFINISHED BUSINESS Note: All public hearings have been completed. There will be no public hearing for items listed under this section. SITE PLANS & RELIEF FROM CONDITIONS OF SITE PLANS 3. PROPOSED MIXED-USE DEVELOPMENT, SP Property located at 3455 Niagara Falls Blvd. Rane Management, LLC, Petitioner SUBDIVISIONS & RELIEF FROM CONDITIONS OF SUBDIVISIONS None REZONINGS & RELIEF FROM CONDITIONS OF REZONINGS None MISCELLANEOUS 1. REVIEW OF REQUEST FOR RESTRICTED PARKING IN MFR-5 DISTRICT, 7.1 Property located at 6790 Main Street PB Investors LLC, Petitioner 2. DISCUSSION OF MEMORANDUM FROM AMHERST TRAFFIC SAFETY BOARD 8.1 DATED APRIL 13, 2017 REGARDING PROPOSED WESTWOOD NEIGHBORHOOD Property located at 772 North Forest Road (portion) and 375, 385 & 391 Maple Road 3. REVIEW OF REQUEST FOR DETERMINATION OF SUBSTANTIAL CHANGE, 9.1 Z Property located at 2195 Dodge Road (portion) Cyril Taylor, Petitioner Recommendation to Town Board OTHER COMMUNICATIONS None Director s Report The next regular meeting: June 15, 2017

4 DRAFT SEQR Negative Declaration NOTICE OF DETERMINATION OF NON-SIGNIFICANCE Lead Agency: Town of Amherst Project: SP X Planning Board Address: 5583 Main Street Date: Williamsville, NY (716) This notice is issued pursuant to Part 617 and Local Law #3-82, as amended, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Lead Agency has determined that the proposed action described below will not have a significant adverse effect on the environment. Title of Action: SEQR Status: Site Plan Review Unlisted Action. Description of Action: 1) This site plan seeks to construct a new 44-space parking lot behind the existing structure on the former 99 Getzville Road, which is currently zoned Residential District Three (R-3). This proposed lot is shown to extend off of the recently constructed lot to the north the driveway will cause the loss of 4 spaces in that existing parking lot. The detached garage to the south east of the existing structure on the former 99 Getzville is proposed to remain; the new parking area will abut the north side of the garage and will connect to the existing driveway the curb cut to Getzville Road remains but a gate was installed to accommodate emergency access only. The plan also includes new pedestrian connections from the proposed parking lot to the existing sidewalk network throughout the campus, along with security cameras and emergency phones. 2.) Daemen College merged parcels 109, 99, and 89 Getzville Road, which they owned, into their current address at 4380 Main Street. The College recently constructed a 62-space parking lot behind the existing structure on the former 109 Getzville Road, which eliminated the curb cut on Getzville Road and connects only to internal streets on the campus. 3.) In the future, Daemen College plans to rezone the former 99 and 89 Getzville Road parcels, along with part of 4380 Main Street to the south of 89 Getzville, to Community Facilities (CF) to match the current zoning of the College. This would bring the parking lot into compliance with the Zoning Code. The additional parking lot is requested now because Daemen would like to proceed with construction of the parking lot this season. Location: 4380 Main Street (Formerly 99 Getzville Road), Amherst, Erie County Petitioner: Daemen College 1.6

5 DRAFT Negative Declaration SP X DATE Page 2 Reasons Supporting This Determination Based on information submitted by the applicant including a Full Environmental Assessment Form (EAF) - Part I, (as amended) and a complete site plan application, a preliminary staff analysis was undertaken. Compared to the criteria listed in Section 617.7, all indications are that this action will not have a significant impact on the environment, as follows: 1. The project is not expected to cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels; a substantial increase in solid waste production; or a substantial increase in the potential for erosion, flooding, leaching or drainage problems. The Engineering Department on April 4, 2017 reviewed the Grading, Drainage and Utility Plans submitted on March 20, 2017, Engineer s Report submitted on March 20, The Stormwater Pollution Prevention Plan (SWPPP) submitted on was also reviewed. Based on its review of these documents, the Department has determined that the project has or will have met all applicable requirements and has no objection to its approval. 2. The project will not result in the removal or destruction of large quantities of vegetation or fauna; or in significant adverse impacts to fish or wildlife species, habitats or other natural resources. The Planning Department reviewed a Landscape Plan submitted on March 20, 2017 and determined that it meets or exceeds Zoning Ordinance requirements for greenspace. The Landscape Plan has or will have met all Zoning Ordinance and Town requirements for landscaping. 3. The project is not expected to create any material conflict with the Town Comprehensive Plan. The Building Department has reviewed the application documents and determined in their review of March 31, 2017 that the subject project has or will have met all Zoning Ordinance regulations. 4. The project is within an area identified by the State as having potential archaeological or historical significance. The NYS Office of Parks, Recreation and Historic Preservation stated in their letter of May 19, 2016 that there will be no impact on these resources. 5. The project will not impair the character or quality of important aesthetic resources or of existing community or neighborhood character. The project is located in the CF (Community Facilities) and R-3 (Residential District Three) zoning districts. Neighboring uses are single-family residences, apartments, a high school, and an office and zoned R-3, MFR-5 (Multi-Family Residential-Five), CF and OB (Office Building); therefore, the project is consistent with surrounding land use. 6. The proposed subject development will include a 44-space parking lot which will not cause a major change in the use of either the quantity or type of energy. DRAFT Negative Declaration SP X DATE Page 3 1.7

6 7. The project will not create any hazard to human health. The Fire Chief s Association on March 31, 2017 has reviewed the project and has no objection to the approval of the site plan, as all requirements of this agency has or will have been met. 8. The project will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. The 44- space parking lot will be consistent with the scale of surrounding land uses. 9. The function of the proposed parking lot will not significantly increase the number of people using the site over its previous level of use. 10. Review by the Town Traffic/Safety Board dated April 6, 2017 indicates that significant negative traffic impacts are not expected to result from the proposed project. The project will help fulfill the on-site parking needs of the campus. 11. A coordinated review of the project has been undertaken by Town Departments including, in addition to those mentioned above, Highway on April 3, 2017, Assessor on March 29, 2017, Plumbing Division on March 28, 2017, and Right-of-Way Agent on March 30, These reviews did not identify any potential significant adverse environmental issues and indicated that the proposal will not have a significant damaging impact on the environment. 12. Issues not specifically mentioned above and/or those not specifically reviewed were not raised by Town departments, outside agencies or the public and are not determined to cause significant negative environmental impacts. Planning Board Approval Moved by: ; Seconded by: Ayes; Noes Absent signature & title of preparer Date Robert J. Gilmour, Planning Board Chair KS/ac cc: Date Amherst Town Clerk Building Department Engineeting Fire Chiefs Highway Traffic/Safety ECDEP NYSDEC (type 1's) NYSDOT (if on state hwy.) Robert C. Beiswanger, VP for Business Affairs/Treasurer, Daemen College, 4380 Main St., Amherst, NY Eric T. Fischlein, LaBella Associates, DPC, 300 Pearl Street, Buffalo, NY X:\Current_Planning\Files\Site Plans\1983\SP _X_(4380_MAIN_ST)_2017\Blurb_051817_KS.doc 1.8

7 DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD SITE PLAN RESOLUTION SP X PETITIONER Daemen College 4380 Main Street Amherst, NY PROPERTY LOCATION 4380 Main Street (formerly 99 Getzville Rd) WHEREAS, the Town of Amherst Planning Board on Thursday, May 18, 2017 held a public hearing on a Site Plan for a parking expansion, and WHEREAS, the Planning Board reviewed the plans and specifications for the proposed project, and WHEREAS, the Site Plan was referred to the Town s various review agencies, and WHEREAS, in accordance with Section of the Zoning Ordinance, the Planning Board finds that: A. The proposed site plan is consistent with the development plan if one is required. B. The proposed site plan is consistent with the purpose and specific requirements of the Zoning Ordinance and generally consistent with the policies of the Comprehensive Plan. C. Adequate services and utilities will be available prior to occupancy. D. The site plan is consistent with all other applicable laws. E. Pursuant to Local Law #3-82, as amended, the Planning Board has determined that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment. F. Review by the US Army Corps of Engineers under Section 404 of the Clean Water Act may be waived since hydric / potentially hydric soils have not been identified on the parcel. NOW THEREFORE BE IT RESOLVED that in accordance with 6 NYCRR, Part 617 and Local Law #3-82, as amended, the Planning Board has issued a Negative Declaration attached hereto, and NOW THEREFORE BE IT FURTHER RESOLVED that the Planning Board, in accordance with Section 8-7 of the Zoning Ordinance approves/denies said Site Plan subject to the following conditions: 1. That the consideration of signs be specifically excluded from this approval since no sign details were presented. DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD 1.9

8 SITE PLAN RESOLUTION SP X PETITIONER Daemen College PROPERTY LOCATION 4380 Main Street (formerly 99 Getzville Rd) 2. That any lights used to illuminate the property be equipped with adjustable hoods to control light spread and direction so as not to create any nuisance to nearby properties, and that lights not exceed 25 feet in total height from finished grade. 3. That all dumpsters/trash containers and all mechanical equipment, utility structures, multiple meter boards, generators, and similar appurtenances, including those which are mounted on any part of a primary structure shall be appropriately screened with a fence, wall, and/or landscaping. Provide gate on dumpster enclosure that shall be closed whenever dumpster is not being serviced, enclosure shall be high enough to screen the dumpster(s) within. 4. That as-built record drawings, including location of utilities, be provided to the Engineering Department prior to issuance of a Certificate of Occupancy by the Building Department. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by - ; seconded by - ; ayes _, noes _; absent -. Robert J. Gilmour, Chair Date KS/ac X:\Current_Planning\Files\Site Plans\1983\SP _X_(4380_MAIN_ST)_2017\Blurb_051817_KS.doc cc: Town Clerk Approved Plan: Commissioner of Building Received: Town Engineer Fire Chiefs Traffic/Safety Highway Superintendent ECDEP NYSDOT NYSDEC Robert C. Beiswanger, VP for Business Affairs/Treasurer, Daemen College, 4380 Main St., Amherst, NY Eric T. Fischlein, LaBella Associates, DPC, 300 Pearl Street, Buffalo, NY

9 DRAFT SEQR Negative Declaration NOTICE OF DETERMINATION OF NON-SIGNIFICANCE Lead Agency: Town of Amherst Project: SP M Planning Board Address: 5583 Main Street Date: Williamsville, NY (716) This notice is issued pursuant to Part 617 and Local Law #3-82, as amended, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Lead Agency has determined that the proposed action described below will not have a significant adverse effect on the environment. Title of Action: SEQR Status: Description of Action: Location: Site Plan Review Unlisted Action. Proposal to construct at 10,800 sq. ft. Science Building (Knoop-Halipern Science Center) between Chapin Hall and Kimball Hall, and north of Hamlin Hall, in the eastern portion of the Park School Campus. The building is two stories the first floor is at grade and the second level is below grade due to significant elevation changes. No additional parking is proposed and the 192 existing parking spaces are to remain. An entrance plaza with upper cascade seating walls for students to gather and sit is proposed to the south of the proposed building (at its entrance). This entrance plaza has steps that lead downward to a new pedestrian pathway, which connects to an existing concrete pathway near Stone Hall, and goes further north along the west of the building, down to and around the existing pond to the north. A new stream is proposed to the west of the building, to be pumped up to the entrance plaza and pumped back down to the existing pond it is to be used for educational/aesthetic purposes. Modifications to the existing pond for stormwater management purposed are also proposed. Work will include the site improvements not specifically stated above, including, stormwater, utilities, grading, lighting, paving, and landscaping Harlem Road, Amherst, Erie County Petitioner: The Park School of Buffalo 2.6

10 DRAFT Negative Declaration SP M DATE Page 2 Reasons Supporting This Determination Based on information submitted by the applicant including a Full Environmental Assessment Form (EAF) - Part I, (as amended) and a complete site plan application, a preliminary staff analysis was undertaken. Compared to the criteria listed in Section 617.7, all indications are that this action will not have a significant impact on the environment, as follows: 1. The project is not expected to cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels; a substantial increase in solid waste production; or a substantial increase in the potential for erosion, flooding, leaching or drainage problems. The Engineering Department on April 21, 2017 reviewed the Grading, Drainage and Utility Plans submitted on April 17, 2017 Engineer s Report submitted on April 17, 2017, Erosion Control Plan submitted on April 17, 2017, and the Geotechnical Report prepared by Professional Service Industries Engineering, PLLC. The Stormwater Pollution Prevention Plan (SWPPP) submitted on April 17, 2017 was also reviewed on. Based on its review of these documents, the Department has determined that the project has or will have met all applicable requirements and has no objection to its approval. 13. The project will not result in the removal or destruction of large quantities of vegetation or fauna; or in significant adverse impacts to fish or wildlife species, habitats or other natural resources. The Planning Department reviewed a Landscape Plan submitted on April 17, 2017 and determined that it meets or exceeds Zoning Ordinance requirements for greenspace. The Landscape Plan has or will have met all Zoning Ordinance and Town requirements for landscaping. 14. The project is not expected to create any material conflict with the Town Comprehensive Plan. The Building Department has reviewed the application documents, along with the Geotechnical Report submitted on April 17, 2017 and determined in their review of that the subject project has or will have met all Zoning Ordinance regulations. 15. The project is within an area identified by the State as having potential archaeological or historical significance. A report prepared by and received by the Planning Department on concluded that the project will not have a significant impact on historical or cultural resources. The NYS Office of Parks, Recreation and Historic Preservation has reviewed the project and, as stated in their letter of, determined that there will be no impact on these resources. 16. The project will not impair the character or quality of important aesthetic resources or of existing community or neighborhood character. The project is located in the Community Facilities (CF) zoning district, and in the interior of the Park School Campus; neighboring uses are single-family homes on all sides zoned Residential District Three (R-3); therefore, the project is consistent with surrounding land use. 17. The proposed subject development will include a two story, 10,800± sq. ft. science building which will not cause a major change in the use of either the quantity or type of energy. 2.7 DRAFT Negative Declaration SP M DATE Page 3

11 18. The project will not create any hazard to human health. The Fire Chief s Association on April 24, 2017, has reviewed the project and has no objection to the approval of the site plan, as all requirements of this agency has or will have been met. 19. The project will cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources. The two story, 10,800± sq. ft. science building will accommodate outdoor educational activities, utilizing new and existing environmental features, and will be consistent with the scale of surrounding land uses. 20. The function of the proposed science building will not significantly increase the number of people using the site over its previous level of use. 21. Review by the Town Traffic/Safety Board dated May 4, 2017 and NYSDOT dated indicate that significant negative traffic impacts are not expected to result from the proposed project. 22. A coordinated review of the project has been undertaken by Town Departments including, in addition to those mentioned above, Highway on April 28, 2017, Assessor on April 20, 2017, Plumbing Division on April 20, 2017, and Right-of-Way Agent on April 24, These reviews did not identify any potential significant adverse environmental issues and indicated that the proposal will not have a significant damaging impact on the environment. 23. Issues not specifically mentioned above and/or those not specifically reviewed were not raised by Town departments, outside agencies or the public and are not determined to cause significant negative environmental impacts. Planning Board Approval Moved by: ; Seconded by: Ayes; Noes; Absent signature & title of preparer Robert J. Gilmour, Planning Board Chair Date Date KS/ac X:\Current_Planning\Files\Site Plans\1994\SP _M_(4625_Harlem_Rd)_2017\Blurb_051817_KS.doc cc: Amherst Town Clerk Building Department Engineeting Fire Chiefs Highway Traffic/Safety ECDEP NYSDEC (type 1's) NYSDOT (if on state hwy.) Petitioner: The Park School of Buffalo, Christopher Lauricella, Head of School, 4625 Harlem Rd., Amherst, NY Representative: Victor O Brien, PE, C & S Engineers, Inc., 141 Elm St., Suite 100, Bflo, NY

12 DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD SITE PLAN RESOLUTION SP M PETITIONER The Park School of Buffalo Christopher Lauricella, Head of School 4625 Harlem Rd. Amherst, NY PROPERTY LOCATION 4625 Harlem Road WHEREAS, the Town of Amherst Planning Board on Thursday, May 18, 2017 held a public hearing on a Site Plan for a science building and WHEREAS, the Planning Board reviewed the plans and specifications for the proposed project, and WHEREAS, the Site Plan was referred to the Town s various review agencies, and WHEREAS, in accordance with Section of the Zoning Ordinance, the Planning Board finds that: A. The proposed site plan is consistent with the development plan if one is required. B. The proposed site plan is consistent with the purpose and specific requirements of the Zoning Ordinance and generally consistent with the policies of the Comprehensive Plan. C. Adequate services and utilities will be available prior to occupancy. D. The site plan is consistent with all other applicable laws. E. Pursuant to Local Law #3-82, as amended, the Planning Board has determined that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment. F. Review by the US Army Corps of Engineers under Section 404 of the Clean Water Act is required since hydric / potentially hydric soils have been identified on the parcel. NOW THEREFORE BE IT RESOLVED that in accordance with 6 NYCRR, Part 617 and Local Law #3-82, as amended, the Planning Board has issued a Negative Declaration attached hereto, and NOW THEREFORE BE IT FURTHER RESOLVED that the Planning Board, in accordance with Section 8-7 of the Zoning Ordinance approves/denies said Site Plan subject to the following conditions: DRAFT (05/18/17) TOWN OF AMHERST 2.9

13 PLANNING BOARD SITE PLAN RESOLUTION SP M PETITIONER The Park School of Buffalo PROPERTY LOCATION 4625 Harlem Road 1. That the consideration of signs be specifically excluded from this approval since no sign details were presented. 2. That any lights used to illuminate the property be equipped with adjustable hoods to control light spread and direction so as not to create any nuisance to nearby properties, and that lights not exceed 25 feet in total height from finished grade. 3. That all dumpsters/trash containers and all mechanical equipment, utility structures, multiple meter boards, generators, and similar appurtenances, including those which are mounted on any part of a primary structure shall be appropriately screened with a fence, wall, and/or landscaping. Provide gate on dumpster enclosure that shall be closed whenever dumpster is not being serviced, enclosure shall be high enough to screen the dumpster(s) within. 4. That as-built record drawings, including location of utilities, be provided to the Engineering Department prior to issuance of a Certificate of Occupancy by the Building Department. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by - ; seconded by - ; ayes _, noes _; absent -. Robert J. Gilmour, Chair Date KS/ac X:\Current_Planning\Files\Site Plans\1994\SP _M_(4625_Harlem_Rd)_2017\Blurb_051817_KS.doc cc: Town Clerk Approved Plan: Commissioner of Building Received: Town Engineer Fire Chiefs Traffic/Safety Highway Superintendent ECDEP NYSDOT NYSDEC The Park School of Buffalo, Christopher Lauricella, Head of School, 4625 Harlem Rd., Amherst, NY Victor O Brien, PE, C & S Engineers, Inc., 141 Elm St., Suite 100, Bflo, NY DRAFT (05/18/17) 2.10 TOWN OF AMHERST PLANNING BOARD ZONING RESOLUTION Z C

14 PETITIONER PROPERTY LOCATION Mensch Capital Partners, LLC 772 North Forest Road (portion) and 5477 Main Street 375, 385 & 391 Maple Road Williamsville, NY WHEREAS the Town of Amherst Planning Board on Thursday, November 17, 2016, January 19, and March 16 and May 18, 2017 held a public hearing on the proposed rezoning of land from RC & R-3 to TND, MFR-7 and GB, and and WHEREAS the Planning Board has reviewed plans and other materials regarding the rezoning proposal, WHEREAS the materials and plans have been referred to the Town s various review agencies, and WHEREAS in accordance with Section of the Zoning Ordinance the Planning Board finds that: A. The proposed zoning and development plan is not generally consistent with the policies of the Comprehensive Plan and the Zoning Ordinance. The proposal is not consistent with the Conceptual Land Use Plan which shows use in this area of the Town. The proposal is not consistent with Section. B. There are not adequate services and utilities available or proposed to be made available in the construction of the development. C. The proposal is not compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. D. The subject property is not suitable for uses permitted by the current versus the proposed district. E. The proposed change does not tend to improve the balance of uses, or does not meet a specific demand in the Town. 3.23

15 DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD ZONING RESOLUTION Z B PETITIONER Mensch Capital Partners, LLC PROPERTY LOCATION 772 North Forest Road (portion) and 375, 385 & 391 Maple Road F. Review by the US Army Corps of Engineers under Section 404 of the Clean Water Act is required since the 1,205 ft. of channel 1 in the southwest portion of the project site is a federally jurisdictional wetland area. Pursuant to Local Law #3-82, as amended, the Planning Board recommends that the Town Board determine that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment. NOW THEREFORE BE IT RESOLVED that the Planning Board recommends to the Town Board in accordance with Section of the Zoning Ordinance, that the rezoning request be approved/denied subject to the following conditions: 1. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by - ; seconded by - ; ayes _, noes _; absent -. Robert J. Gilmour, Chair Date EK/ac X:\Current_Planning\Files\Rezonings\2014\Z _C_(772 North Forest Rd)_2017\Blurb_ doc cc: Town Clerk Commissioner of Building Highway Superintendent Town Engineer Traffic/Safety Coordinator Sean Hopkins, Esq., Hopkins Sorgi & Romanowski, PLLC, 5500 Main St., Suite 343, Williamsville, NY Matthew Roland, Hamister Group, LLC, Director of Planning & Development, 10 Lafayette Square, Suite 1900, Buffalo, NY DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD

16 ZONING RESOLUTION Z A PETITIONER RAS Development, LLC c/o Sean Hopkins, Esq. Hopkins Sorgi & Romanowski, PLLC 5500 Main St., Suite 343 Williamsville, NY PROPERTY LOCATION 2360 Sweet Home Road (portion) WHEREAS the Town of Amherst Planning Board on Thursday, January 19, February 16, March 16 and April 20 and May 18, 2017 held a public hearing on the proposed rezoning of land from OB to MFR-5, and and WHEREAS the Planning Board has reviewed plans and other materials regarding the rezoning proposal, WHEREAS the materials and plans have been referred to the Town s various review agencies, and WHEREAS in accordance with Section of the Zoning Ordinance the Planning Board finds that: A. The proposed zoning and development plan is generally consistent with the policies of the Comprehensive Plan and the Zoning Ordinance. The proposal is consistent with Section 3.3.1, Residential Uses, specifically, the description of Mixed Residential use. B. There are adequate services and utilities available or proposed to be made available in the construction of the development. C. The proposal is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. D. The subject property is not suitable for uses permitted by the current versus the proposed district. E. The proposed change does tend to improve the balance of uses, or meets a specific demand in the Town. F. Review by the US Army Corps of Engineers under Section 404 of the Clean Water Act may be waived since a wetland investigation conducted October 2016 by Wilson Environmental Technologies concluded that no federal or state wetland areas exist within the site. DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD ZONING RESOLUTION Z A 4.5

17 PETITIONER RAS Development, LLC PROPERTY LOCATION 2360 Sweet Home Road (portion) Pursuant to Local Law #3-82, as amended, the Planning Board recommends that the Town Board determine that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment. NOW THEREFORE BE IT RESOLVED that the Planning Board recommends to the Town Board in accordance with Section of the Zoning Ordinance, that the rezoning request be approved subject to the following conditions: 1. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by - ; seconded by - ; ayes _, noes _; absent -. Robert J. Gilmour, Chair Date EK/ac X:\Current_Planning\Files\Rezonings\2016\Z _A_(2360_Sweet_Home_Rd)_2016\Blurb_ doc cc: Town Clerk Commissioner of Building Highway Superintendent Town Engineer Traffic/Safety Coordinator Sean Hopkins, Esq., Hopkins Sorgi & Romanowski, PLLC, 5500 Main St., Suite 343, Williamsville, NY DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD ZONING RESOLUTION Z PETITIONER John Shaflucas PROPERTY LOCATION 1260 Sweet Home Rd.

18 2 Smallwood Dr. Amherst, NY WHEREAS the Town of Amherst Planning Board on Thursday, May 18, 2017 held a public hearing on the proposed rezoning of land from RD to GB, and and WHEREAS the Planning Board has reviewed plans and other materials regarding the rezoning proposal, WHEREAS the materials and plans have been referred to the Town s various review agencies, and WHEREAS in accordance with Section of the Zoning Ordinance the Planning Board finds that: A. The proposed zoning and development plan is generally consistent with the policies of the Comprehensive Plan and the Zoning Ordinance. The proposal is consistent with the Conceptual Land Use Plan which shows mixed-use in this area of the Town. B. There are adequate services and utilities available or proposed to be made available in the construction of the development. C. The proposal is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood. D. The subject property is not suitable for uses permitted by the current versus the proposed district. E. The proposed change does tend to improve the balance of uses, or meets a specific demand in the Town. F. Review by the US Army Corps of Engineers under Section 404 of the Clean Water Act may be waived because the parcel is developed. DRAFT (05/18/17) 5.4 TOWN OF AMHERST PLANNING BOARD ZONING RESOLUTION Z PETITIONER John Shaflucas PROPERTY LOCATION 1260 Sweet Home Rd.

19 Pursuant to Local Law #3-82, as amended, the Planning Board recommends that the Town Board determine that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment. NOW THEREFORE BE IT RESOLVED that the Planning Board recommends to the Town Board in accordance with Section of the Zoning Ordinance, that the rezoning request be approved subject to the following conditions: 1. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by - ; seconded by - ; ayes _, noes _; absent -. Robert J. Gilmour, Chair Date EK/ac X:\Current_Planning\Files\Rezonings\2017\Z _(1260 Sweet Home Rd)\Blurb_ doc Cc: Town Clerk Commissioner of Building Highway Superintendent Town Engineer Traffic/Safety Coordinator John Shaflucas, Shaflucas Architects, PC, 1260 Sweet Home Rd., Amherst, NY DRAFT SEQR Negative Declaration NOTICE OF DETERMINATION OF NON-SIGNIFICANCE Lead Agency: Town of Amherst Project: SP Planning Board

20 Address: 5583 Main Street Date: Williamsville, NY (716) This notice is issued pursuant to Part 617 and Local Law #3-82, as amended, of the implementing regulations pertaining to Article 8 (State Environmental Quality Review) of the Environmental Conservation Law. The Lead Agency has determined that the proposed action described below will not have a significant adverse effect on the environment. Title of Action: SEQR Status: Description of Action: Location: Petitioner: Site Plan Review Type I action Construction of two 5-story mixed-use buildings to consist of first floor retail space and a total of 152 upper story apartments. The larger building will have a 22,400± sq. ft. footprint and 88 apartments; the smaller building will have a 16,700± sq. ft. footprint and 64 apartments. Both buildings will face Niagara Falls Boulevard and have a height of 60 ft. Garages for 51 of the residential units will be located on the first floor of the buildings, along the rear of the larger building and the rear and north side of the smaller building. The total number of parking spaces will be 349 (298 surface, 51 garage); this includes 2 spaces/apartment and 45 spaces devoted to the retail uses. The development includes one driveway to Niagara Falls Boulevard. The project as shown will disturb 3.5 acres of wetland and 2.6 acres of wetland buffer area. Work will include the site improvements not specifically stated above, including, stormwater, utilities, grading, lighting, paving, and landscaping Niagara Falls Blvd., Amherst, Erie County Rane Management, LLC 6.9

21 DRAFT Negative Declaration, SP DATE Page 2 Reasons Supporting This Determination Based on information submitted by the applicant including a Full Environmental Assessment Form (EAF) - Part I, and a complete site plan application, a preliminary staff analysis was undertaken. Compared to the criteria listed in Section 617.7, all indications are that this action will not have a significant impact on the environment, as follows: 1. The project is not expected to cause a substantial adverse change in existing air quality, ground or surface water quality or quantity, or noise levels; a substantial increase in solid waste production; or a substantial increase in the potential for erosion, flooding, leaching or drainage problems. The Engineering Department on April 20, 2017 reviewed the Grading, Drainage and Utility Plans; Erosion Control Plan; and Engineer s Report submitted on March 20, 2017, along with the Geotechnical Report prepared by Empire GEO Services, Inc. The Stormwater Pollution Prevention Plan (SWPPP) submitted on March 20, 2017 was also reviewed on April 19, Based on its review of these documents, the Department has determined that the project has or will have met all applicable requirements and has no objection to its approval. 24. The project will result in the removal or destruction of large quantities of vegetation or fauna; or in significant adverse impacts to fish or wildlife species, habitats or other natural resources. The Planning Department reviewed a Landscape Plan submitted on March 20, 2017 and determined that it meets or exceeds Zoning Ordinance requirements for greenspace. The Landscape Plan has or will have met all Zoning Ordinance and Town requirements for landscaping. 25. The project is not expected to create any material conflict with the Town Comprehensive Plan. The Building Department has reviewed the application documents, along with the Geotechnical Report submitted on March 20, 2017, and determined in their review of April 20, 2017 that the subject project has or will have met all Zoning Ordinance regulations. 26. The project is within an area identified by the State as having potential archaeological or historical significance. The NYS Office of Parks, Recreation and Historic Preservation has reviewed the project and, as stated in their letter of August 29, 2011, determined that there will be no impact on these resources. 27. The project will not impair the character or quality of important aesthetic resources or of existing community or neighborhood character. The project is located in the General Business (GB) zoning district and is adjacent to a variety of uses and zoning districts. Neighboring uses are a single-family subdivision to the east zoned MFR-5, single-family homes to the north and west zoned R-3, and vacant land to the south zoned Community Facilities (CF). Therefore, the project is consistent with surrounding land use. 28. The proposed subject development will include two 5-story mixed-use buildings with retail on the first floor and apartments on the upper floors which will cause a change in the use of either the quantity or type of energy. All necessary utility infrastructure is or will be in place to accommodate the proposed development. 29. The project will not create any hazard to human health. The Fire Chief s Association on April 20, 2017 has reviewed the project and has no objection to the approval of the site plan, as all requirements of this agency has or will have been met. 6.10

22 DRAFT Negative Declaration, SP DATE Page The project will cause a substantial change in the use and the intensity of land use at this location. The scale and use of this project will be consistent with that of nearby land uses along Niagara Falls Boulevard. 31. The proposed mixed-use development will increase the number of people using the site over its previous level of use (vacant land). The property is located on a State major arterial, and all necessary utility and road infrastructure will be in place to support the development. 32. Review by the Town Traffic/Safety Board dated April 18, 2017 and NYSDOT dated indicates that significant negative traffic impacts are not expected to result from the proposed project. 33. A coordinated review of the project has been undertaken by Town Departments including, in addition to those mentioned above, Highway on April 3, 2017, Assessor on March 24, 2017, Plumbing Division on, and Right-of-Way Agent on March 28, These reviews did not identify any potential significant adverse environmental issues and indicated that the proposal will not have a significant damaging impact on the environment. 34. Issues not specifically mentioned above and/or those not specifically reviewed were not raised by Town departments, outside agencies or the public and are not determined to cause significant negative environmental impacts. Planning Board Approval Moved by: ; Seconded by: Ayes ; Noes ; Absent signature & title of preparer Date Robert J. Gilmour, Planning Board Chair Date EK/ac X:\Current_Planning\Files\Site Plans\2017\SP _(3455 Niagara Falls Blvd)_2017\Blurb_ doc_ cc: Amherst Town Clerk Building Department Engineering Fire Chiefs Highway Traffic/Safety ECDEP NYSDEC NYSDOT Rane Management, LLC, 1325 Millersportrt Hwy., #209, Amherst, NY Jeffery D. Palumbo, Esq., Barclay Damon, LLP, 9276 Main Street, Suite 3, Clarence, NY Passero Associates, 242 West Main Street, Suite 100, Rochester, NY

23 DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD SITE PLAN RESOLUTION SP PETITIONER Rane Management, LLC 1325 Millersport Hwy. #209 Amherst, NY PROPERTY LOCATION 3455 Niagara Falls Blvd. WHEREAS, the Town of Amherst Planning Board on Thursday, April 20, 2017 held a public hearing on a Site Plan for a mixed-use development, and WHEREAS, the Planning Board reviewed the plans and specifications for the proposed project, and WHEREAS, the Site Plan was referred to the Town s various review agencies, and WHEREAS, in accordance with Section of the Zoning Ordinance, the Planning Board finds that: A. The site plan does not include usable space for active and passive recreation, including pedestrian connections. B. The site plan includes open space lands for possible public ownership and use offered for dedication or other disposition to the Town or other public entity. C. School sites and facilities are adequate to accommodate the proposed site plan. D. The site plan does not include the extension of roadways to adjacent property. WHEREAS, in accordance with Section of the Zoning Ordinance, the Planning Board finds that: A. The proposed site plan is consistent with the development plan if one is required. B. The proposed site plan is consistent with the purpose and specific requirements of the Zoning Ordinance and generally consistent with the policies of the Comprehensive Plan. C. Adequate services and utilities will be available prior to occupancy. D. The site plan is consistent with all other applicable laws. E. Pursuant to Local Law #3-82, as amended, the Planning Board has determined that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD

24 SITE PLAN RESOLUTION SP PETITIONER Rane Management, LLC PROPERTY LOCATION 3455 Niagara Falls Blvd. F. Review by the US Army Corps of Engineers under Section 404 of the Clean Water Act is required since wetland areas have been identified on the parcel. NOW THEREFORE BE IT RESOLVED that in accordance with 6 NYCRR, Part 617 and Local Law #3-82, as amended, the Planning Board has issued a Negative Declaration attached hereto, and NOW THEREFORE BE IT FURTHER RESOLVED that the Planning Board, in accordance with Section 8-7 of the Zoning Ordinance approves/denies said Site Plan subject to the following conditions: 1. That the consideration of signs be specifically excluded from this approval since no sign details were presented. 2. That any lights used to illuminate the property be equipped with adjustable hoods to control light spread and direction so as not to create any nuisance to nearby properties, and that lights not exceed 25 feet in total height from finished grade. 3. That all dumpsters/trash containers and all mechanical equipment, utility structures, multiple meter boards, generators, and similar appurtenances, including those which are mounted on any part of a primary structure shall be appropriately screened with a fence, wall, and/or landscaping. Provide gate on dumpster enclosure that shall be closed whenever dumpster is not being serviced, enclosure shall be high enough to screen the dumpster(s) within. 4. That as-built record drawings, including location of utilities, be provided to the Engineering Department prior to issuance of a Certificate of Occupancy by the Building Department. 1. That the required permit from NYSDEC be obtained prior to final site plan approval. 6.13

25 DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD SITE PLAN RESOLUTION SP PETITIONER Rane Management, LLC PROPERTY LOCATION 3455 Niagara Falls Blvd. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by - ; seconded by - ; ayes _, noes _; absent -. Robert J. Gilmour, Chair Date EK/ac X:\Current_Planning\Files\Site Plans\2017\SP _(3455_Niagara_Falls_Blvd)_2017\Blurb_ doc cc: Town Clerk Approved Plan: Commissioner of Building Received: Town Engineer Fire Chiefs Traffic/Safety Highway Superintendent ECDEP NYSDOT NYSDEC Rane Management, LLC, 1325 Millersport Hwy., #209, Amherst, NY Jeffery D. Palumbo, Esq., Barclay Damon, LLP, 9276 Main Street, Suite 3, Clarence, NY Passero Associates, 242 West Main Street, Suite 100, Rochester, NY DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD 6.14

26 PETITIONER PB Investors LLC c/o Sean Hopkins, Esq Main Street, Suite 343 Williamsville, NY PROPERTY 6790 Main Street WHEREAS the Town of Amherst Planning Board on Thursday, May 18, 2017 considered a request for Restricted Parking in the MFR-5 District, and WHEREAS the Planning Board has reviewed materials regarding the request, and WHEREAS per Section (A) & (B) of the Town Code, the Planning Board finds that: 1. The proposed request is not consistent with the purpose statements of the Zoning Ordinance. 2. The proposed request does not advance the public health, safety, or welfare and is not consistent with the Zoning Ordinance. The request is generally consistent with the objectives of the Comprehensive Plan. NOW THEREFORE BE IT RESOLVED that the Planning Board recommends to the Zoning Board of Appeals in accordance with Section 7-1-9B(2)(b) of the Zoning Ordinance, that the request be approved/denied. The foregoing resolution was adopted by the Town of Amherst Planning Board, ; moved by ; seconded by, ayes _, noes _, absent _. Robert J. Gilmour, Chair Date KS/ac X:\Current_Planning\Files\Special Requests\Parking in Residential\6790 Main Street (ZBA Recommendtaion)\Blurb_051817_KS.doc cc: Town Clerk Commissioner of Building Highway Superintendent Town Engineer Traffic/Safety Coordinator DRAFT (05/18/17) TOWN OF AMHERST PLANNING BOARD RESOLUTION DETERMINATION OF SUBSTANTIAL CHANGE Z

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36 PETITIONER Cyril Taylor 4 Union Place Williamsville, NY PROPERTY LOCATION 2195 Dodge Road (portion) WHEREAS the Town of Amherst Planning Board on Thursday, May 18, 2017 considered a request for determination of substantial change for the proposed rezoning of land from SA to R-3, and WHEREAS the Planning Board has reviewed new information received regarding the rezoning proposal, and WHEREAS in accordance with Section of the Zoning Ordinance the Planning Board finds that pursuant to Local Law #3-82, as amended, the Planning Board recommended on June 16, 2016 that the Town Board determine that the requirements of SEQR are complete and that the subject proposal is not expected to have a significant adverse effect on the environment, NOW THEREFORE BE IT RESOLVED that the Planning Board recommends to the Town Board in accordance with Section of the Zoning Ordinance, that the subject request has been substantially changed to merit a public hearing before the Town Board, and BE IT FURTHER RESOLVED that the Planning Board recommends to the Town Board in accordance with Section of the Zoning Ordinance, that this request be approved subject to the following conditions: 1. That a geotechnical report be provided prior to Town Board public hearing. 2. That a wetland mitigation plan be approved by NYSDEC and any required permits be obtained prior to any construction. The foregoing resolution was adopted by the Town of Amherst Planning Board, moved by - ; seconded by - ; ayes, noes, absent. Robert J. Gilmour, Chair Date EK/ac X:\Current_Planning\Files\Special Requests/Determination of Substantial Change Dodge Rd.doc Cc: Town Clerk Commissioner of Building Highway Superintendent Town Engineer Traffic/Safety Coordinator ECDEP Cyril Taylor 9.4