C.B. Mtg. #3 Reg. Mtg. #3 March 1, 2005 Page 1 of 7 7:00 PM
Minutes of the March 1, 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
Richard Schechter
Thomas Jaeger
George Schichtel
EXCUSED: David Ward
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
Frank Brzezinski, Landscape Architect
Roy Jordan, owner/developer
David Walh, developer
Sean Hopkins, Attorney
William Schutt, Wm. Schutt & Associates
Kevin Curry, Patrick Development
James Roll, Patrick Development
Don Owens, Earth Dimensions
Marc Mussachio, Mussachio Architects
Gerald Hood, Landscape Architect
OTHER ATTENDEES: Sarah Tranum, “Southtowns Citizen”
Traditional neighborhood interested parties:
Ron Plants, Michelle Shreng, Mr. & Mrs. Albrecht, Carol Castongauy, Susan Munson, David English
Jim Ball interested parties:
E. J. Hamm, Mr. & Mrs. Doug Cloud, Theresa Schosek, Ruth Zak, Raymond Waite, Len Kowalczewski
The Chairman called the meeting to order at 7:03 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.
APPROVAL OF MINUTES:
MOTION made by Richard Schechter, seconded by Anne Bergantz, to accept the minutes of the February 1, 2005 meeting.
MOTION UNANIMOUSLY APPROVED.
Mr. Schechter explained that he has had past business relationships with the petitioner, but does not currently have transactions with this firm. He asked that he not recuse
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himself based on this fact. Both the Board and the petitioner did not feel Mr. Schechter would need to recuse himself.
1. C.B. File #8-05, North Forest Development, Vacant land, west side of Redtail Road (part of Sterling Park), north of Milestrip Road, east of Route 219, Zoned I-1. Requesting a Building Permit to construct two (2) office buildings totaling 31,000 sq.ft. Town Board referred to Planning Board on 2/16/05.
Landscape Architect: Frank Brzezinski, Landscape Architect
Plan Number: L-1
Date of Plan: 1/27/05
Date Plan Received: 1/31/05
Mr. Brzezinski explained the project and landscaping plan to the members, noting that the green space total is 43%, with an interior parking lot green space total of 10%. Mr. Brzezinski told the members that a total of 96 trees would be planted and that this exceeds the Town requirement.
Mr. Schichtel established that the ground cover would be lawn. No provision for irrigation of the island areas will be made. He told the petitioner that he feels the landscaping would look better if the trees were planted in mass varieties and groupings, rather than alternating species as indicated on the plan, noting that the suggested plantings do not have the same growth habit. The members discussed the presented plan and agreed that they would like the petitioner to submit a revised plan. The Chairman told the petitioner that the review of the plan presented was concept only and that he should return with the agreed upon revisions.
2. C.B. File #9-05, proposed Walh Performing Arts Center, Vacant land, south side of Southwestern Boulevard across from St. John Vianney church, Zoned B-2. Requesting a Building Permit to construct a 4,162 sq.ft. building to be used as a performing arts center. Town Board referred to Planning Board on 3/2/05.
Landscape Architect: Frank Brzezinski, Landscape Architect
Plan Number: L-3
Date of Plan: 2/01/05
Date Plan Received: 2/02/05
Mr. Brzezinski explained and reviewed the proposed landscape plan with the Board. He stated that the studio would be built in two phases on this 1.26-acre site.
The members discussed the proposed plan with the petitioner and verified its location on Southwestern Boulevard. They determined that a residential property exists on the east side of the property. The Board requested that the applicant contact the residential property owner to determine the type of screening that should be provided, i.e. fence, shrubs. Mr. Jaeger requested that the proposed building mechanicals be located on the west side. There will be no dumpster.
The Chairman told the petitioner that the review of the plan presented was concept only and that he should return with revisions based on his meeting with the neighbor.
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3. C.B. Sub. File #26-04, proposed Traditional Neighborhood, 62.2 acres of vacant land, west side of Bussendorfer Road, north of Armor Duells Corners Road, Zoned R-2. Requesting Conservation Board approval of proposed deeded recreation land. Tabled by the Conservation Board on 11/2/04.
Project Engineer: William Schutt, Wm. Schutt & Associates
Plan Number: L-1
Date of Plan: 1/17/05
Date Plan Received: 2/28/05
The Chairman referred to a correspondence that had been sent to the applicants from the Army Corp of Engineers dated 1/31/05. He noted that two of the wetlands on the site are isolated, non-navigable, intrastate waters that are not subject to regulation. The remaining wetland areas (1,2,3,5 & 7) are part of a surface water tributary system. He asked Mr. Schutt to indicate on the landscape plan the wetland areas that would come under the Corps jurisdiction, and he did so. Mr. Jaeger discussed the Corps correspondence, noting that he feels it is left to interpretation with regards to filling that could take place.
Mr. Roll reviewed and discussed proposed Site Plans #1 through #4. He noted that Plans #3 & #4 were based on the Board’s most recent input. The Chairman noted that the Town prefers to take land, rather than fees. Mr. Hopkins told the Board that the applicant is proposing 7.15 acres be donated, consisting of 1.5 acres of wetland areas. He also told the Board that in order to make the project less dense the number of building lots were reduced on Plans #3 & #4. He further explained that the parkland area would be located at the front of the development. It was noted that the Corps does not want the wetland area located at the northwest corner disturbed because of the existing Hemlock trees. The applicants identified this area as “parkland”. However, the Chairman stated that this is a “buffer area” and not a parkland area. Mr. Hopkins stated that the Corps does not want deed restrictions on this wetland area and has requested that it be made a part of the parkland area. In this way, the Corps will not have to review the property in the future.
In reviewing plan #3, Mr. Hopkins told the Board that the density of the project was reduced further by proposing 74 lots. He noted that the infrastructure costs would not be reduced and that the applicants knowingly chose to lose a significant source of revenue by locating the parkland area at the front of the subdivision. The wetland areas were discussed and it was noted that the revised plan would create fewer disturbances of the wetland areas.
In reviewing plan #4, Mr. Hopkins told the Board that a conservation easement area would be located in the southeast corner of the site involving lots 32, 33, 35 & 36. The area would be clearly marked and be part of the recorded subdivision. Although this area is not part of the parkland, it could be. The Corps indicated that the Hemlock area was not as sensitive on lots 16 & 17. Mrs. Bergantz noted that it would be difficult to construct a home on lot #17. Mr. Hopkins told the Board that the setback requirements could be met on lot #17. Plan #4 shows the wetland disturbance minimized to under ½ acre. Mr. Hopkins noted that the applicants lose an additional lot, bringing the total to 73 buildable lots. The Corps has asked the applicants to move the proposed road in order to minimize wetland disturbance.
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Mr. Hopkins noted that the Board did not want wetland mitigation areas or wetlands to be included as parkland.
He told the members that the applicant did not have to agree with that position, but Plan #4 proposes 9.72 acres of parkland that consists of 5.94 acres of upland acreage. Mr. Don Owens of Earth Dimension spoke regarding the site and indicated on the plan where mitigation would occur in the parkland area.
The Chairman stated that he had walked the site and found it to be quite wet. It was noted that the Board does not address drainage issues; the Planning Board and Engineering Department have this responsibility.
Mrs. Bergantz verified that the parkland being donated complies with the Town ordinance. She explained that the Recreation Commission had requested her input regarding this project and that she will report back to them that there are now five segments of property that make up the parkland area. However, the buffer area that was added is not useable parkland, and the upland areas have steep slopes that make the parkland areas passive. She told the applicants that the Recreation Commission looks for active recreation area. She believes the Recreation Commission response to the proposal will indicate that this land does not satisfy their needs.
The residents attending the meeting commented on the project and plan #4. The Chairman noted that the applicants were not ignoring their concerns and that the concept plans have been revised based on their input. Mr. David English commented on Plan #4, noting that the out flow will encroach on his property. Mrs. Munson discussed her concerns with the plan, noting that there is no contiguous recreational land. She feels the proposal is very dense and that the needs of the subdivision and the surrounding area have not been addressed. Mr. Hopkins stated that under NYS law the applicants are allowed to meet the recreation needs of the parcel and have no responsibility for the surrounding area. Mr. Plants commented that the recreational land is not useable recreation land. Mr. Hopkins stated that the Board has the option of requesting recreation fees, but had asked for land to be donated. Mr. Plants stated that the park area is extremely wet. Mr. Chuck Albright spoke regarding his drainage concerns.
The Chairman noted that discussions with both the Recreation Commission and Engineering Department are needed to resolve the parkland area and drainage concerns.
Mrs. Bergantz noted that a good portion of the proposed land donation is not useable and she would like to see an improvement with regards to this. She further noted that the Recreation Commission did not favor the 4 small separate parcels of land being proposed; now, the parkland proposal before the Board is 5 small separate parcels. The Recreation Commission desires 1 or 2 larger parcels of parkland. She told the applicants that they have dealt with wetland issues and not the parkland issues. The applicants agreed to swap buildable land with an area of passive recreation land. Plan #4 was revised and initialed.
MOTION made by Mr. Jaeger, that Plan #4 be accepted as amended as follows: Buildable lot #38 will now become Town parkland and the previous area designated as parkland will become lot #38. Mr. Newton seconded the motion.
MOTION UNANIMOUSLY APPROVED.
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4. C.B. File #36-04, proposed Jim Ball Auto Center, Vacant land, northwest corner of Southwestern Boulevard and Mid-County Drive, Zoned B-2 Special Exception Use. Requesting a Building Permit to construct a new auto center facility, including a 12,000 sq.ft. car wash, service and accessory sales building and a 16,855 sq.ft. auto dealership building. Town Board referred to Planning Board on 3/2/05.
Landscape Registered Architect: Gerald Hood
Project Engineer: Marc Mussachio, Mussachio Architects
Plan Number: A-12 (revised 3/1/05)
Date of Plan: 1/21/05
Date Plan Received: 3/1/05
Mr. Hood presented and explained the landscape plan to the members. The members reviewed the plan and requested the applicants provide the following:
1. A list of the existing varieties of vegetation on the site.
2. A revised plan that shows the buffer area more dense and natural, specifying the varieties to be used, keeping in mind winter and summer mixtures.
3. A revised plan showing the islands located east of the buffer area behind the Auckland Avenue homes larger, to accommodate larger trees. The Board will advise the applicant as to what planting material can be used in the island areas.
Mrs. Bergantz requests that the applicant provide additional monies for plantings if the current buffer area growth dies off after construction. She would like to be sure the screening remains and/or that there will be additional material planted if enough is not there.
The residents of the area spoke regarding the project. Mrs. Ruth Zak presented photos of her property line showing the site with yellow construction tape that had been used to mark off the buffer area. The residents voiced their concerns noting that the buffer area will not be dense enough for site or sound buffering. In addition, they told the Board that it was rumored that the applicant is preparing to clear the property to within 20’ of their property lines. The Chairman stated that this would violate the code, as development may only take place 10’ from the 50’ buffer area. The Board noted that the applicants might provide plantings to be placed on the residents’ property to help with buffering. It was noted that the residents would be responsible for maintaining these plantings.
Mr. Jaeger noted that this is a highly sensitive area and that the Board is carefully reviewing the buffer area.
The Chairman told the petitioner that the review of the plan presented was concept only and that he should return with revisions made as requested by the Board.
OTHER BUSINESS:
1. Conservation Easement request – George Rozuk, Draudt Road. Requesting a perpetual Conservation Easement on 64.9 acres. Report from Mrs. Bergantz.
Ann Bergantz reviewed the property and recommended approving the easement request.
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MOTION made by Mr. Jaeger, seconded by Chairman Loesch to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
2. Conservation Easement request - Christine Weitz, 6047 Seufert Road. Requesting a perpetual Conservation Easement on 17.93 acres. Report from Mrs. Bergantz.
Ann Bergantz reviewed the property and recommended approving the easement request.
MOTION made by Mr. Newton, seconded by Mr. Schichtel to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
3. Conservation Easement request - Dennis & Marsha Petrus, 6543 South Abbott Road. Requesting a perpetual Conservation Easement on 12.5 acres. Report from Mrs. Bergantz.
Ann Bergantz reviewed the property and recommended approving the easement request. The members discussed writing into the easement agreement the location of the buildings on the property.
MOTION made by Mrs. Bergantz seconded by Mr. Jaeger to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
4. Conservation Easement request - Albert & Antoinette Baratto, 7560 Jewett Holmwood Road. Requesting a perpetual Conservation Easement on 5.8 acres. Report from Mrs. Bergantz.
Ann Bergantz reviewed the property. The Board discussed the request and felt that further clarification was needed regarding the tennis court located on the property. The Planning Coordinator will speak with Mr. Baratto and report to the Board.
MOTION made by Mr. Newton, seconded by Mr. Schichtel to TABLE the easement request.
MOTION TO TABLE, UNANIMOUSLY APPROVED.
5. Conservation Easement request – Mark Korzaniewski, 6390 Cole Road. Requesting a perpetual Conservation Easement on 22 acres. (Note: There is currently a 15-29 year Conservation Easement on 12 acres of this parcel. Petitioner is requesting that an additional 10 acres be added to the easement.)
Ann Bergantz reviewed the property and recommended approving the easement request.
MOTION made by Chairman Loesch, seconded by Mr. Schichtel to approve the easement request.
MOTION UNANIMOUSLY APPROVED.
The members discussed the review form used during the conservation easement evaluations. Mrs. Bergantz would like a “box” on the form to note what activity would be taking place and who would inspect properties annually in the future.
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With no other business to be presented to the Board at this time, the meeting was adjourned at 9:40 p.m. by UNANIMOUS APPROVAL.
Respectfully submitted,
Rose Seivert, Secretary
James E. Loesch
Chairman
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