C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 1
Minutes of the August 2, 2005 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Second Floor Conference Room, 4295 South Buffalo Street, Orchard Park, New York at 7:00 PM. Present were the following:
MEMBERS PRESENT: James Loesch, Chairman
Ann Bergantz
Frank Newton
George Schichtel
Richard Schechter
Thomas Jaeger
EXCUSED: David Ward
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
Andrew Romanowski, Alliance Homes
Nan Ackerman, Councilman
Lorraine Biryla, Planning Board Chairman
Sean Hopkins, Hopkins, Garas & Sorgi
Ron & Vivian Flintjer, petitioners
Martin Winnert, petitioner
Gerald A. Buchheit, Jr., petitioner
Stephen Kane, petitioner
Connie Lydon, Lydon Landscape & Design
Robert Walsh, attorney
William Tuyn, Greenman Pederson
Chairman James Loesch called the meeting to order at 7:00 p.m. by stating that any person before this Board who is a relative of, or who has a financial or business relationship with, any officer or employee of the Town of Orchard park must disclose the nature and extent of such relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
Mr. Schichtel and Mr. Schechter asked to be recused from discussion and voting on item # 5, as each has a family or business relationship with the petitioner.
APPROVAL OF MINUTES:
A MOTION was made by Mr. Schechter, seconded by Mr. Jaeger, to accept the minutes of the May 31, 2005 meeting.
MOTION UNANIMOUSLY APPROVED.
- C.B. File #6-04, proposed Armor Knoll Subdivision, Vacant land, northwest corner of Armor Duells Road and Duerr Road, Zoned R-2. Requesting Conservation Board approval of entryway and cul-de-sac landscaping plan. Preliminary Approval of the proposed subdivision granted by the Planning Board on 5/11/05.
C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 2
Landscape Architect: Gerald Hood, Landscape Architect
Plan Number: Sheet #21 of 33
Date of Plan: 5/12/05
Date Plan Received: 7/01/05
Andrew Romanowski, petitioner, explained that as the presented landscape plan shows, the west side of the entryway to the subdivision will be spruced up with large boulders and additional landscaping. In addition, in the open green area before reaching the first home site, he would like to plant some trees. He would also like to place large boulders and low-maintenance plantings in the cul-de-sac. He further stated that the Town Engineer has requested a grass buffer on the perimeter of the cul-de-sac with the plantings in the center to make snow plowing easier for the Highway Department.
Mr. Schichtel commented that it is important to keep plantings as simple as possible in the cul-de-sacs to allow for proper maintenance of the area. He further stated that the proposed Austrian Pine trees in the cul-de-sac might not be the best idea and that it might be better to plant clump form Autumn Blaze. Mr. Romanowski agreed with the recommendation and stated that he would like the cul-de-sac area to be green all year long for aesthetic reasons.
Mr. Jaeger asked if the entryway is to be lit and, if so, who would be responsible for that cost. He further stated that he would like to see electricity available to the cul-de-sac so the residents could decorate the trees, if they so desire. Mr. Romanowski replied that his thought is to propose lighting as a part of the overall subdivision lighting plan, if possible. He is not interested in forming a Homeowners’ Association for this subdivision.
Mr. Romanowski stated that the access road to the proposed trail system is located per the Engineering Department’s direction and that he would like to continue the boulder theme along the access road, if possible. He further stated that the trail would be low maintenance and would meander around.
Mrs. Bergantz informed the petitioner that he might want to obtain trail-building methodology from the International Mountain Biking Association, which could prove useful to him.
A MOTION was made by Mr.Jaeger, seconded by Mrs.Bergantz, to APPROVE the landscape plan for the entryway and cul-de-sac areas with a change from Austrian Pines in the cul-de-sac to clump form Autumn Blaze. A Landscape Completion Bond for the full amount of the landscaping cost or a certified check in the amount for half the value is to be presented to the Town Clerk prior to receipt of a building permit.
THE MOTION WAS UNANIMOUSLY APPROVED.
- C.B. Sub. File #22-05, proposed Williamsburg Commons Subdivision, +/- 14 acres of vacant land, east side of North Buffalo Road, Zoned R-2. Requesting Pre-Application Findings Review of an 18-lot subdivision.
C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 3
Project Engineer: William Schutt & Associates
Plan Number: 1
Date of Plan: 7/14/05
Date Plan Received: 8/2/05
Attorney Sean Hopkins explained to the Board that this is a proposal for an 18-lot subdivision on land zoned R-2. A cul-de-sac is proposed and the applicant does not intend to connect the proposed roadway with the existing Diller Drive. A Homeowners’ Association is planned, as is a privately-owned parkland area within a large cul-de-sac area. The parkland acreage is proposed to be approximately ¾ acre in size and would include a wet pond. Sidewalks are proposed, although Mr. Hopkins told the Board that the Town Attorney has expressed concerns about the possible liability involved and the applicant is considering creating a sidewalk district.
Mr. Hopkins further explained that the minimum lot size would be 20,000 sq.ft. and the homes would be at least 3,000 sq.ft. in size and cost at least $400,000.00.
Chairman Loesch reminded Mr. Hopkins that this proposal will have to return to the Conservation Board later in the approval process for approval of the cul-de-sac landscaping.
Chairman Loesch confirmed that the applicant’s desire would be to provide fees in lieu of recreation land, as well as the privately owned and maintained parkland within the subdivision. The Board discussed whether or not the pond would have to be fenced.
A MOTION was made by Mr. Schichtel, seconded by Mr. Schechter, to ACCEPT fees in lieu of recreation land for this subdivision as proposed subject to the parkland remaining as per the plan presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
- C.B. File #25-05, Ronald Flintjer/James Joyce, Esq., 3752 North Buffalo Road, Zoned B-3. Requesting Change in Use from residence to office space. Town Board referred to Planning Board on 7/20/05.
Landscape Architect: Frank Brzezinski
Plan Number: L-1
Date of Plan: 7/26/05
Date Plan Received: 7/26/05
Chairman Loesch explained to the Board that the applicants own the upholstery shop at this location and because they are requesting a Change in Use of part of the building from their residence to an attorney’s office, the Conservation Board has an opportunity to ask for a landscape plan.
Chairman Loesch acknowledged that both the D.O.T. and County right-of-ways on North Buffalo Road and Webster Road come almost to the building and that therefore the site is extremely tight.
C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 4
Mrs. Bergantz wondered if a large planter running along the east side of the building would be feasible, as opposed to the three small planters proposed in that area.
Mr. Schichtel stated that this is a very visible area for people coming into Orchard Park and he believes that if there is any way the Town can get some green space on that site it would greatly improve the looks of the corner. The Planning Coordinator noted that the D.O.T. paved right up to the east side of the building when widening the road in 2004 and that the applicant has very few options for adding green space on that side of the property. Mr. Flintjer stated that they had plantings on the north side of the property that were removed by the County and never replaced.
Mr. Schichtel reiterated that he feels this site is hard to look at and this might be an opportunity to improve the looks of the building and the site. He would like to see grass, at least, on the east side of the building, if possible.
Councilman Ackerman offered to call the D.O.T. regarding adding green space to the east side of the property along North Buffalo Road. She will request that the D.O.T. give the Town permission to dig up the asphalt in the State right-of-way on North Buffalo Road and replace it with soil and grass. She will then inquire as to whether the Town highway department would be willing to do the work.
A MOTION was made by Mrs. Bergantz, seconded by Mr. Schechter, to ACCEPT the landscape plan with the modification that the applicant will add additional planters to the east side of the building as sketched on the presented plan. Two large square planters and three lower long, narrow planters will be installed. A Landscape Completion Bond for the full amount of the landscaping cost or a certified check in the amount for half the value is to be presented to the Town Clerk prior to receipt of a building permit.
THE MOTION WAS UNANIMOUSLY APPROVED.
- C.B. File #24-05, Parkland Professional Park, 3085 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct an 18,000 sq.ft. office building. Town Board referred to Planning Board on 5/18/05.
Landscape Architect: Frank Brzezinski
Plan Number: LS-1
Date of Plan: 4/20/05
Date Plan Received: 7/01/05
Mr. Martin Winnert, petitioner, explained to the Board that the building proposed is similar to the last building constructed in the existing Parkland Professional Park. The building would be 18,000 sq.ft. in size and would be a multi-tenant spec building. He confirmed that there would be a new entrance from Countryside Lane into the professional park and that the proposed parking spaces would be contiguous to the existing parking lot on the site.
Mr. Schichtel noted that 10.6% interior parking lot green space is proposed.
Mr. Jaeger confirmed with Mr. Winnert that any dumpsters will be screened.
C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 5
A MOTION was made by Mr. Jaeger, seconded by Mr. Schichtel, to ACCEPT the landscape plan as presented with the stipulation that all lighting is to be directed downward and toward the site and any dumpsters are to be screened. A Landscape Completion Bond in the full amount of the landscaping cost ($11,230.00) or a certified check in the amount of $5,615.00 is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department
THE MOTION WAS UNANIMOUSLY APPROVED.
- C.B. File #19-05, proposed Quaker Crossing East, vacant land bordered by Amelia Drive, Amanda Lane, North Benzing Road and Milestrip Road, Zoned I-1 (rezoning pending). Requesting a Building Permit to construct a 162,191 sq.ft. retail plaza. Town Board referred to Planning Board on 7/6/05.
Landscape Architect: Matthew Lydon
Plan Number: Landscaping
Date of Plan: 8/01/05
Date Plan Received: 8/02/05
Chairman Loesch reminded the Board that Mr. Schichtel and Mr. Schechter would be recusing themselves during the discussion of this project.
Mr. William Tuyn, engineer for the petitioner, explained to the Board that the proposal is to develop a companion project to the existing Quaker Crossing Plaza. He stated that the applicant is proposing a landscape plan consistent with the landscaping that was approved for the original Quaker Crossing shopping plaza. He further stated that he is aware of the 10% interior parking green space requirement and that the applicant feels that a hardship exists relative to that requirement because of the existence of a utility corridor running along the east side of Amelia Drive. As a result, the entire plaza must be set back from Amelia Drive and a large amount of green space will exist in the utility corridor. The primary entrance will be off of Amelia Drive through the large green space area. The parking area would therefore have to be set back quite a bit and would only have 5.2% interior green space, similar to the existing parking lot for Quaker Crossing. The overall proposed green space on the site would be 19.5%, partly due to the large green area along Amelia Drive.
Mr. Tuyn presented to the Board an alternate site/landscape plan for the site, which he feels is technically in keeping with the 10% interior green space requirement. In order to achieve the 10% interior green space, a perimeter roadway would be proposed that would serve to re-categorize the green space along Amelia Drive from “perimeter” to “interior”. He stated that this configuration would make the proposal compliant with the Town requirement. As a result, however, the overall green space amount would have to be reduced to 17.8% because of the increased pavement required to build the perimeter roadway.
Mrs. Bergantz asked if the utility companies would allow any plantings in the utility corridor. Mr. Buchheit responded that he cando some planting, as long as it does not get too high.
C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 6
He further stated that he would be willing to consider plantings there, if the Board so desires.
Mr. Jaeger stated that he believes a middle ground is necessary in this instance, but at the same time he does not want to set a bad precedent. He would like to see the most effective plantings placed along Amelia Drive that could serve as a buffer. In addition, he advocates irrigated islands throughout the entire site.
Mr. Buchheit stated that he does not mind perimeter irrigation, but has had problems at the existing plaza site with irrigating the islands. He further stated that the existing islands at Quaker Crossing are green and healthy.
Mr. Loesch expressed concern regarding the existing residence on Benzing Road across from the proposed plaza. He further stated that he is concerned about debris control for the benefit of the above-mentioned resident. Mrs. Lydon commented that there is only 14.5 feet to work with along Benzing Road to buffer the resident, but that she would do the best she can.
Mrs. Lydon stated that irrigating the perimeter landscaping is essential and that she has noticed that the islands in the existing Quaker Crossing plaza are green, but she believes that total irrigation is still the right thing to do in this instance. Mr. Buchheit stated that he does not agree.
Mr. Kane indicated that he was very hopeful to be on the Planning Board’s August agenda. Mrs. Biryla stated that the project would definitely not be addressed by the Planning Board in August because the property will not be correctly zoned by that time.
Mr. Jaeger stated that he would support the plan presented with the reduced interior parking area landscaping, provided there is substantial planting along Amelia Drive in the utility corridor. He would like the Conservation Board to have time to investigate the question of island irrigation.
Mrs. Bergantz indicated concern about accepting a plan that does not conform to Town code, but also stated that she understands both sides of the interior green space issue. She would like to see another plan showing substantial buffering along Amelia Drive.
The Conservation Board members agreed that they would like clarification as to what property Mr. Buchheit actually owns along Amelia Drive.
Mr. Loesch advised the petitioners that because they chose to present a plan that does not meet the Town’s 10% interior green space requirement, the Board would be tabling this item. However, he stated that the petitioners may bring in a landscape plan to be reviewed at the September Conservation Board meeting that incorporates the items the Board is looking for in order to approve it.
Mr. Newton stated that he is willing to go along with some sort of compromise and does not want the perimeter roadway built.
C.B. Mtg. #7 Reg. Mtg. #7 August 2, 2005 7:00 PM Page 7
Mr. Jaeger made a MOTION, seconded by Mrs. Bergantz, to TABLE this request until the suggestions proposed by the Board are incorporated into a new landscape plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS
- Frank Brzezinski to discuss landscaping at West-Herr Nissan, 3580 Southwestern Boulevard.
Mr. Brzezinski asked to be removed from the agenda.
- Conservation easement request – Paul & Maureen Montgomery, 6031 Bunting Road. Requesting a perpetual easement on 8+/- acres. Report from Mrs. Bergantz.
Mrs. Bergantz recommended that the Conservation Board accept the conservation easement.
Mr. Schechter made a MOTION, seconded by Mr. Loesch, that the Conservation Board ACCEPT the easement request.
THE MOTION WAS UNANIMOUSLY APPROVED.
- Conservation Easement request – James & Dolores Leith, vacant land, west side of Scherff Road, south of Gartman Road. Requesting a 50-year conservation easement on 6.2 acres.
Mrs. Bergantz will review the property and report back to the Board at the September meeting.
With no other business to be presented to the Board at this time, the meeting was adjourned at 9:05 p.m. by UNANIMOUS APPROVAL.
Respectfully submitted,
Sarah K. desJardins
Planning Coordinator
James E. Loesch
Chairman