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Let the sun shine in…..

As reported to you on June 14, 2008, the proposed Calamar “Eagle Crest” senior housing project for Weiss Avenue has been downsized from 140 apartment units to 90 units, and the footprint revised, relocated, and reconfigured.

This revised plan was presented to the OP Planning Board on Wednesday, June 11, 2008, and last evening, Wednesday, June 17, 2008, the OP Town Board requested SEQR Lead Agency status for the proposed project. The project has been confirmed as a Type 1 SEQR action, and will entail a multi-agency Coordinated SEQR review.

Here is an aerial view of the Weiss Avenue area, with the proposed revised site plan superimposed very close to scale:

Here’s a link to a .pdf of the entire revised site plan document:
calamar-weiss-ave-revised-site-plan-6-10-08.pdf

Of particular note:

- Substantial federal jurisdictional (i.e., “regulated”) wetlands have FINALLY been formally identified and mapped on the northern Downing parcel. Previous attempts in the last few years to get the US Army Corps of Engineers and the NYSDEC off of their butts (or Town engineering and elected and appointed officials, for that matter) to take a hard look at this area have been ignored and gone unanswered. Area residents have been aware of these wetlands for years - perhaps now we will be listened to and taken seriously. You can’t build anything there, as we have been telling anyone who would listen ’till blue in the face.

- The proposed structure and footprint, while reconfigured and reduced in size, is still situated extremely close to the Smokes Creek 100 year and 500 year floodplain, with the 2 proposed “detention ponds” re-sized and relocated. At issue remains the immediate and cumulative negative impact on the creek resulting from a reduced watershed, substantial new impervious cover, and added stormwater discharge volume and rate to the creek during storm events, both during and after construction.

- The proposed westerly “detention pond” will never be dry, as depth to groundwater in this area (directly next to federal juristicional wetlands) is 1 foot or less. If constructed, it will indeed be a wet “retention” pond, perhaps “filled to the brim” most of the time, even before a rain event.

- While the revised plan had indeed offered relief for the residents of Eaglebrook Drive to the north, it remains evident that the residents to the south on Boldt Court and Creekside Drive (which includes the owner of the large vacant parcel directly contiguous) remain inadequately buffered or “screened”. Visual impact of a 2-story structure, building and site lighting, effect on neighborhood character and property values, and the irreversible impact on area drainage remain as extremely important issues.

- Limited egress to/from the site remains the same - there is only one proposed entry and exit from the site via Weiss Avenue. Traffic impacts on Weiss Avenue and at the dangerous corner of Weiss Avenue and Orchard Park Road remain unaddressed.

More to consider…. more work to do…. more to watch closely… and more to come….

In a startling reversal of years of tradition in the Town of Orchard Park regarding the content of Town Board meeting minutes, the Town Clerk of Orchard Park has unilaterally declared that future published Town Board meeting minutes will only contain “the minimum” information required by the New York State Open Meetings Law.

This unannounced revelation was discovered through inquiries made with our Town Clerk in early June 2008, as it was noticed that recently published meeting minutes for the Town Board meetings of April and May 2008 appeared different and incomplete, and provided only cursory and abbreviated descriptions of comments offered by citizens during “Business from the Floor” and comments from Town Board members during ”Elected Officials and Department Heads”.

The Town of Orchard Park’s Phony Comprehensive Plan, approved by a vote of 3 to 2 way, waaaaay back on September 19, 2007, is now phonier than ever.

Not only is the phony plan still posted on the Town’s website as an embarrassing cut-and-paste “draft” - not only has the phony plan’s very basis, a “Prioritization and Implementation” committee, yet to be established - and not only has the phony plan yet to be implemented (for 8 months and 29 days and counting) - now you can add failure to fulfill SEQR requirements to the list of why it’s phony.

Yet REAL development decisions continue in our Town unabated - and at a fever pitch.

Here’s yet another link to the even Phonier Plan, in case you have yet to have the pleasure to view this gem: http://www.orchardparkny.org/town/townboard/2007_Comprehensive_Plan.pdf

And, yes, here’s link to some interesting SEQR documents that were prepared for this Type 1 SEQR action - they were recently obtained through a lengthy arm-twisting FOIL request through the Town Clerk and the Planning Department, initiated on February 13, 2008, with all requested documents finally “located” and made available on May 13, 2008:

phony-comp-plan-seqr-documents-5-13-08.pdf

These documents include:

- Page 1 of the SEQR Full Environmental Assessment Form and the Lead Agency Determination of Significance;

- A cover letter entitled ” SEQR Coordinated Review, Notice of Negative Declaration, Town of Orchard Park, Adoption of (Phony) Comprehensive Plan”;

- The Negative Declaration Determination of Significance; and

- The ENB (Environmental Notice Bulletin) Publication Form.

Perhaps some interesting observations of note:

- It appears that the reason the FOIL request for these documents took so long to complete (3 months) is quite simple - no one in the Town could find them - because they were not there. The documents were apparently prepared by a consultant hired by the Town (and not prepared by the Town attorney), and, on or around the date of the resolution and vote to approve the phony plan (the evening of September 19, 2008), apparently the documents never got to where they were supposed to go (or perhaps did, and just disappeared). Notice that these particular documents are stamped as officially received by the Planning Department on May 13, 2008;

- The Lead Agency “Determination of Significance” document, dated July 19, 2007, was never executed with the signature of the “Responsible Officer in Lead Agency” (the Town Supervisor), and remains unsigned. Perhaps one could surmise that the reason the document was not signed is that the document was not available to be signed until received by the Town on May 13, 2008;

- The “Negative Declaration - Determination of Significance” document, dated September 5, 2007, lists 26 individuals and agencies to which copies of this notice were purportedly sent. Assuming the document was not in the possession of the Town until May 13, 2008, it would make one wonder whether any of these individuals or agencies ever received a copy (unless graciously mailed to them by the Town’s hired consultant);

- The cover letter for the Notice of Negative Declaration states that the Town Board issued a “Determination of Significance for a Negative Declaration” on September 5, 2008, when indeed the negative SEQR declaration (and subsequent 3 to 2 vote to approve the phony plan) occurred on September 19, 2008;

- A thorough recent search of the NYSDEC’s on-line “Environmental Notice Bulletin” (ENB) from September 19, 2007 to the most recent edition (June 11, 2008) reveals no evidence that OP’s Phony Comprehensive Plan negative declaration was ever published. Perhaps that’s because the “ENB SEQRA Publication Form” was apparently never sent to the DEC to be published, as is required for determinations of significance for such Type 1 SEQR actions. Here’s the link to the DEC’s on-line ENB if you wish to do your own search: http://www.dec.ny.gov/enb/33924.html

You may also be interested in what the SEQR regulations specify. Here’s a link to 6NYCRR Part 617.12, entitled “Document Preparation, Filing, Publication, and Distribution”: nysdec-seqr-regulations-6nycrr-part-617.12.pdf

So what?

‘Just a bunch of inadvertent or inept comedy of paperwork “goofs”, or perhaps more evidence of a historical and chronic “fast and loose with the rules” attitude of some powerful elected and appointed people in our Town government - especially when pesky rules get in their way.

Anyway - you decide. After all, you put them up there.

Perhaps they’ll fix the inadvertant “goofs” before someone finds out.

Now if only they’d fix the biggest “goof” of all - the Phony Plan.

For your consideration.

At the OP Planning Board meeting of Wednesday, June 11, 2008, Calamar Construction presented a new and surprise “concept review” of a downsized site plan for their proposed senior housing monstrosity on Weiss Avenue.

Perhaps the “concerns” of the neighborhood residents (and perhaps some good ‘ol common sense) may have influenced this developer.

The project will now consist of 90 apartment units instead of 140, despite Calamar’s suggestions that a project of less than the originally-proposed 140 units may not be profitable.

There were no documents regarding this downsized site plan available at the OP Planning Office that could be obtained for review as of Friday 6-13-08 AM. Once obtained, however, these documents (and hopefully the revised site plan map) will be shared with you on the Blog.

In addition:

- The site footprint has reportedly been reduced to approximately 4 acres and shifted to the south, closer to the Grotke property and Boldt Court (away from Eaglebrook Drive), and will lie more parallel to Eaglebrook Drive and predominately on the southern Downing parcel (but will continue to utilize a portion of the northern Downing parcel);

- It appears that Calamar is proposing a natural buffer of approx 400′ (made up of the existing mature trees and vegetation) and will be left to “screen” Eaglebrook Drive residents;

- The site footprint is allegedly farther east of the 100 year and 500 year flood plain and Smokes Creek, and two “detention” ponds (which, again, will never be dry, and thus “retention” ponds) will be constructed on the eastern end of the project;

- Both Calamar and the Planning Board acknowledged that there is no “paper street” running from the northwest corner of the Leisure Rinks property to Eaglebrook Drive that can be used for additional egress, and site plan maps will be amended to reflect this acknowledgement;

- Calamar reportedly suggested that all remaining acreage in both Downing parcels would remain forever undeveloped and undisturbed, and that they would stipulate this condition in the deed;

- Calamar suggested to the Planning Board that “all representatives” were present to answer the questions of neighborhood residents at their “informational meeting”, when in fact Calamar’s engineer and their landscape architect were both AWOL (and brought to the Board’s attention by a resident in attendance);

- Calamar’s attorney reportedly suggested that the project should receive a negative SEQR declaration (of course), and continues to question whether the project is a “Type 1″ SEQR action (despite being directly contiguous to Town-owned parkland); and

- Calamar suggested that with the revised site plan, they’d like to move ahead as soon as possible in order to schedule a Town Board public hearing on the rezoning, siting the pressures of a waining “construction season” (of course, again).

Much more to come….. stay tuned.

Calamar Construction, the developer of the proposed 140-unit “Eagle Crest” senior housing monstrosity for the 24 acre Downing property on Weiss Avenue, located smack-dab in the “Front Door” of OP, held what was billed as an “Informational Meeting” for area residents on Monday, June 2, 2008 at OP Town Hall.

The meeting was typical in that it was never intended to provide information to the residents.

The sole purpose was for Calamar to obtain information on how to push this project through by holding a hearing on the “concerns” of the area residents.

And they heard plenty.

Residents had few questions answered with any detail, especially with regard to proposed “screening”, stormwater management, wetlands, watershed and creek impact, flooding, lighting, and traffic.

But neighborhood residents did learn about how little this disorganized and apparently confused developer knows about the area , and, for that matter, Orchard Park.

Here’s a brief summary of some of the highlights (and “lowlights”) of this “informational meeting”:

- The area neighborhoods were were well-represented by about 25 interested residents - all staunchly against the project.  Also in attendance was the Chairman of OP’s Planning Board.

- Calamar was represented by their president, Mr. Ken Franasiak, their attorney, Mr. Adam Walters of Phillips Lytle, their architect, Mr. Phil Silvestre, and 2 or 3 others. Calamar’s engineering firm and landscape architect were AWOL.

- After a very brief introduction of Calamar and the project by Mr. Franasiak, Calamar’s attorney, Mr. Walters facilitated the rest of the meeting, and used a style reminiscent of a feel-good elementary school teacher proctoring a new third-grade class, occasionally scolding them to maintain order and good behavior.

- Mr. Walters declared that “…in the development process, Ken has a real willingness to address them (your concerns) - and so that’s the purpose of tonight - it’s to hear what the concerns are, because he needs - we need - to figure out whether he can address those concerns.” An Eaglebrook Drive resident set the tone for the rest of the evening, immediately suggesting to Mr. Walters ”OK, here’s one you can address - put it somewhere else”.

- Mr. Franasiak suggested that Calamar has done “extensive studies” of the need for senior housing in OP (information on such need was also requested by the Planning Board), and used Carnation Housing on Southwestern (a HUD subsidized 40 unit senior housing development) as an example of senior facilities with long “waiting lists”. However, Calamar’s proposed senior apartments will not be subsidized, but “market rate” (monthly rents from the high $600’s to low $800’s) for “high end” or “wealthier” seniors. People on the “waiting list” at Carnation must qualify for HUD subsidy based upon their income - they would never be able to afford the proposed Calamar rent. 

- Mr. Franasiak was also totally unaware of the existence of the Angle Park Senior Apartments on Southwestern and Angle (also “market rate” with similar rents as proposed by Calamar), nor was he aware that there is no waiting list there - only many empty apartments. It was also brought to Calamar’s attention that at least 2 additional proposed senior apartment complexes are in the approval pipeline in OP.

- Calamar’s site plan proposes 2 small “detention ponds” to handle all stormwater runoff generated during rain events, and “controlled discharge” to Smokes Creek afterward. By definition, “detention ponds” are dry except during such events. The Calamar representatives present could not describe the size, depth or volume of these “detention ponds”, nor the rate or method of discharge, and it was suggested by residents that they will actually be “retention ponds” (always wet), as the site is predominately wetlands, with depth to groundwater on the site at 1′ (one foot) or less. 

- An area resident described a typical flooding event (4 major floods have occurred here since 2001), and suggested that, based upon Calamar’s suggested site plan, that the area of flood plain as depicted is incorrect, and that the northwest quadrant of their proposed apartments would be under water during such events. It was interesting to observe the collective Calamar “jaw drop” to the floor after this discussion.

- It was brought to Calamar’s attention that their proposed site plan offers only one means of egress to the site (via Weiss Avenue), and that the “paper street” shown on their site map (north of Leisure Rinks to Eaglebrook Drive) does not exist, as this property has been owned by residents on Eaglebrook since the early 70’s.

- Mr. Franasiak suggested that traffic will not be increased by this project, as their senior residents will rely on a van service for transportation, not their automobiles (despite the need for garages in their site plan, and suggestions from residents that seniors do indeed drive). Calamar representatives also learned about the dangerous “stop sign” intersection of Weiss Avenue and Orchard Park Road, and the free-for-all that exists at this intersection during a typical morning mass entry and exit from Bally’s, before and after hockey tournament events at Leisure Rinks, before and after gymnastic meets held at Gymnastics Unlimited, and, yes, during typical “Cruise Nights” at Duff’s.

- During discussion of the lighting of this proposed 1000 foot apartment building, it was suggested that the proposed facility will be lit up “like a Christmas Tree” all night in plain view of residents on Eaglebrook Drive, and the proposed “screening” will offer little relief.

- Near the end of the meeting, Mr. Walters suggested that “Ken asked you all here to help figure out what the real issues are - he’s got a couple things to go back to his engineers on… “

We sure did, and they sure do.

Perhaps you’d like to take a look at Calamar Construction’s SEQR full “Environmental Assessment Form” (EAF).

This document was submitted to the Town of Orchard Park on April 1, 2008 as part of their informational package for the proposed 140 unit “Eagle Crest” senior apartment complex on Weiss Avenue in the Town.

The document is loaded with very significant inaccuracies (16 of them). It was prepared by Calamar’s contracted engineering firm, William Schutt and Associates (who must have had a bad day, perhaps).

Here’s a link to the document: calamar-seqr-eaf-4-1-08-highlighted.pdf

The numerous inaccuracies are highlighted in the document for your convenience, and are summarized below:

Section A. Site Description:

- #2: No mention of existing wetlands.

- #3: Predominant soil types are “Red Hook Silt Loam” and “Wayland Silt Loam” (not “Middlebury Silt Loam”). The soil is poorly drained (as noted) and substantially hydric in nature (not noted).

 - #14: No scenic views important to the community? I guess neighborhood residents who live in this area of Town are not the “community”, and their “view” doesn’t count…

- #15: Smokes Creek is NOT a tributary of “Cazenovia CreeK”. Smokes Creek has 2 branches (North Branch and South Branch), they combine in Lackawanna, then flow as one and discharge directly into Lake Erie. The “North Branch” runs through the proposed project’s parcels.

- #16: There is one 1-acre “unnamed” natural pond on the western end of the northern Downing parcel, and a 1 acre pond located on contiguous land at 65 and 69 Eaglebrook Drive. Both of the Downing parcels are “loaded” with jurisdictional wetlands, to include the famous man-made “Eaglebrook Ditch”.

Section B. Project Description:

- #1(g): No traffic? It’s amazing how new development projects never add to traffic - according to the developers.

- #1(i): The building height will inevitably be the maximum allowed by Town Code (i.e., 35 feet).

- #4: 11.96 acres of vegetation “to be removed from the site” looks low. A safe bet is that more will be taken (or simply clear-cut) than is forecast.

- #14: No mention of the impact from added stormwater runoff into Smokes Creek (an “existing water body”) resulting from construction activities and the new permanent and expansive impervious surfaces resulting from the complete project.

- #15: It appears that the USACOE’s “delineation” of the flood plain is either outdated or was never recently performed (and probably based solely upon the FEMA 1996 flood plain maps). Indeed, the project will be built on a portion of the “current” 100 year (and 500 year) flood plain, which has inevitably changed (expanded) since 1996. If this monstrosity is developed and built as submitted - and you read it here first - it’s very probable that the northwest quadrant of the apartment complex will be “under water” during a typical Smokes Creek flooding event. Further, the project will substantially add to the cumulative negative impact of development on the watershed and stream corridor, and further reduce the viability of the remaining Smokes Creek watershed, resulting in yet another increase the likelihood of flooding events.

- #18: Of course they will use pesticides and herbicides - not only during the clear-cutting and construction phase, but afterward to keep the landscaping and wonderful “screening” alive. Residues from thier use will discharge via stormwater to Smokes Creek.

- #25: There is no mention of the required rezoning approval by the Town Board (R-3 to SR), the landscaping approval by the Conservation Board, approvals required by the DEC and/or the USACOE (wetlands), Town and/or DEC stormwater discharge approvals (SPDES Permit for Construction Activities, Stormwater Pollution Prevention Plan), and Town Engineering approvals (Public Improvement Project for extension of Weiss Avenue).

Section C. Zoning and Planning Information:

- #1: The project requires a rezoning (R-3 to SR), and it remains unclear as to whether a “Special Use Permit” (also a “rezoning” action) is required before the “SR” rezoning can be undertaken.

- #4: The proposed zoning of the site (both Downing parcels) is “SR” (Senior Residential).

- #6: Per current zoning, the “SR” designation is possible for an R-3 (residential) zone. However, there is no consideration of the Goals and Objectives supposedly established by the Town’s phony “Comprehensive Plan” (passed in September of 2007, and which has yet to be implemented). Specifically, the goals to “Preserve Community Character” (page D-1), to “Protect Open Space” (page D-1 and D-2), and to ”Protect Significant Environmental Resources” (page D-2). Here’s a link to the phony, unimplemented Plan: http://www.orchardparkny.org/town/townboard/2007_Comprehensive_Plan.pdf

- #12: YES, the project will generate additional traffic, and NO, the existing road network will NOT be able to handle the added traffic. Weiss Avenue must be extended, and a dangerous intersection (Weiss Avenue and Orchard Park Road) will become even more dangerous.

Perhaps the Town’s Conservation Board, Planning Board, and yes, the Town Board (the anticipated Lead Agency for this Type 1 SEQR action) will take the time to carefully review this submitted EAF (or perhaps refer to this Blog article) and take note of these significant inaccuracies.

And perhaps require Calamar to acknowledge and accurately amend them.

We’ll see. 

Calamar Construction, developers of the proposed 140 unit “Eagle Crest” senior housing monstrocity for vacant land on Weiss Avenue in OP, has sent a letter of invitation to area residents to attend an “informational meeting” on Monday, June 2, 2008 at 7:00 PM, to be held at the OP Town Hall.

The letter is signed by President and CEO, Mr. Kenneth Franasiak.

Here’s a link to the letter: calamar-informational-meeting-letter-5-19-08.pdf

As described in the letter, the “informational meeting” is being held “to provide information to the neighborhood on the project and answer any questions you may have concerning the project.”

They even ask for an “RSVP” so as to “insure proper accommodations”. How thoughtful.

Perhaps this was a suggestion from the Town Planning Coordinator - you know - in light of the inadvertent “accommodation” problems experienced in the basement meeting room at a certain scoping session public meeting back in late March.

Anyway, Calamar can count on the neighbors being there, whether an RSVP is received or not. Just book the biggest room, gentlemen.

Hopefully other interested Town residents and Town officials will attend as well.

“Informational meetings” like this one are always a good time. It’s always interesting to hear how developers portray their always perfect aesthetically pleasing architecturally superb tax-base enhancing environment friendly neighborhood screened never more traffic no drainage problem zero impact projects.

And especially entertaining is hearing how questions from concerned residents are answered.

Perhaps this “informational meeting” will be a good primer for the numerous pubic hearings that may follow in the next few months - for rezoning, site plan review, ZBA variance, and, who knows, maybe even for SEQR Scoping and DEIS public comment.

And, perhaps, the meeting will also be “informational” for the Calamar folks as well. 

Calamar Construction, project sponsor for the proposed mammoth 140 unit senior apartment complex for undeveloped land at the the end of Weiss Avenue in OP has had a simple mission - to “slam-dunk” and “fast-track” their project through the Town’s Conservation and Planning Boards, and get on the Town Board’s agenda to schedule a public hearing on rezoning the property to “SR” (Senior Residential).

After all, this is all about the noble concern for our “seniors” and our community’s desperate need for more senior housing.

Not so fast.

On this Blog, folks, credit will always be given where credit is due.

Kudos to the members of our Conservation and Planning Boards - for listening closely to the Calamar presentations - for observing not only what was presented, but also what was not presented - for asking important questions - for attention to detail and the rules of the SEQR process - for consideration of the concerns of area residents and the environmental sensitivity of the wetlands, flood plain and stream corridor - and for doing the right thing.

The listening, the observations, the questions, and attention to detail - appears to have stop them cold.

Or, at the very least, slowed them down a bit.

Very badly, I’d say.

It appears that the approval of the OP Wal-Mart Supercenter, proposed for 19 undeveloped acres at Milestrip and California Roads across from the Quaker Crossing strip mall (and purchased for $4.62 M) is key  - key to Wal-Mart’s overall business strategy to secure optimum coverage and market share in the Western New York southtowns.

We learned this first hand - at the Wal-Mart “Open House” held in Orchard Park on Tuesday (April 28, 2008). The primary source of this information was Wal-Mart’s own representatives.