C.B. Mtg. #5          Reg. Mtg. #5          May 3, 2005        Page 1 of  4          7:00 PM

Minutes of the May 3, 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

Thomas Jaeger

          Frank Newton       

                                            George Schichtel

EXCUSED:                           David Ward

                                           Richard Schechter

OTHERS PRESENT:             Sarah desJardins, Planning Coordinator

          David Walh, petitioner

                                           Marc Mussachio, Mussachio Architects

       Gerald Hood, Landscape Architect

                                           Rob Pidanick, Greenman-Pedersen, Project Manager

OTHER ATTENDEES:         Sarah Tranum, “Southtowns Citizen”

     Jim Ball interested parties:

  E. J. Hamm, Mr. & Mrs. Doug Cloud,  Theresa Schosek, Ruth Zak, Raymond Waite, Len Kowalczewski 

                                           Raymond Waite, Alice Ronald

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.

APPROVAL OF MINUTES:

MOTION made by Frank Newton, seconded by Anne Bergantz, to accept the minutes of the April 5, 2005 meeting.

MOTION UNANIMOUSLY APPROVED.

1. 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 Conservation Board approval of a revised Landscape Plan.  Tabled by the Town Board on 4/13/05.

Landscape Architect:  Frank Brzezinski, Landscape Architect

Plan Number:              L-3                      

Date of Plan:               3/30/05             

Date Plan Received:    4/25/05

During the site plan review of this proposed project, the Planning Board requested that two trees be relocated to the rear of the property to buffer the neighbor located there. The Chairman noted that an easement exists at the rear of the property.  He further noted

that there are no other changes to the proposal and that the landscape completion bond

C.B. Mtg. #5          Reg. Mtg. #5          May 3, 2005        Page 2 of  4          7:00 PM

remains the same.

MOTION made by Tom Jaeger, seconded by Anne Bergantz, to accept the plan as modified.

MOTION UNANIMOUSLY APPROVED.

2. 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.  Tabled by the Conservation Board on 3/1/05 and 4/5/05.

Landscape Registered Architect:           Gerald Hood

Project Engineer:                          Marc Mussachio, Mussachio Architects

Plan Number:                                A-12 (revised 4/26/05)           

Date of Plan:                                 1/21/05                                                     

     Date Plan Received:                      5/2/05

The Chairman noted that he had the opportunity to speak with Thomas Ostrander, Junior Engineer with the Town Engineering Department. He learned that the site plan submitted shows the proposed fence located 3 feet inside the conservation easement area.  He told Mr. Mussachio that a new plan must be submitted with the fence located on Mr. Ball’s side of the property line.  Mr. Mussachio questioned if the curb and roadway location would need to be adjusted and the Chairman told him to contact Mr. Ostrander who could address these types of questions.  The Board reasserted that the conservation easement area must not have anything in it, citing that the construction fence and the utilities will need to be relocated onto the client’s property. 

The Chairman told Mr. Mussachio that the neighbors were not able to submit their comments to the Board as they had just received the revised plans late yesterday. The Chairman further told Mr. Mussachio that the Board would be tabling the project, although this would not cause a disadvantage to the project because there were outstanding Engineering issues that would keep the project from being reviewed by the Planning Board in May. Tabling would also provide time for the neighbors to review the plans that had not been received in a timely fashion. Mr. Mussachio noted that the delay in getting the revised plan to the neighbors was due to the confusion of where the construction fence could be erected.

Mr. Mussachio expressed that the amount of time lost has created a significant impact on the project.  Mr. Mussachio asked for clarification of what the Board requires.  The Chairman stated that they want a revised plan showing a 6-foot high fence located on Mr. Ball’s side of the property and no impact at all within the conservation easement area.  The Chairman instructed Mr. Mussachio to work with the Engineering Department in redesigning the plan. 

Mr. Mussachio stated that Mr. Ball has incurred a financial loss by having to give up a 50-foot buffer on Southwestern Boulevard and along the perimeter of the property, in addition to providing 10% interior green space.  He noted that acres of land have been “given up”, plus Mr. Ball will incur a significant cost installing the proposed fence and

C.B. Mtg. #5          Reg. Mtg. #5          May 3, 2005        Page 3 of  4          7:00 PM

now he may have to move the roadway, which will cause him to lose more display area, which is the profit center for his business. 

The Chairman told Mr. Mussachio that he was not sure the rezoning would have been approved if the buffer area between the business zone and the neighbors had not been stipulated.  However, he invited Mr. Mussachio to put on paper what the economic disadvantage is that he believes Mr. Ball is suffering, but again, asserted that the project still would need numerous engineering issues resolved and that tabling the project does not delay the process.

MOTION made by Chairman Loesch, seconded by Tom Jaeger, to TABLE the review of this project pending the petitioner’s discussion with the Engineering Department and submittal of a revised site plan reflecting the changes that have been discussed. 

Mrs. Bergantz pointed out to Mr. Mussachio that the proposed plan shows a tree being planted in the conservation easement area. In addition, a tree is shown being planted in the R.O.W. of an existing waterline easement.  This needs to be moved.  Chairman Loesch noted that Mr. Mussachio might want to have the landscape architect address these issues.  In addition, the water main is shown as being 42” with just 2-1/2 feet of cover.

MOTION UNANIMOUSLY APPROVED TO TABLE.

The neighbors thanked the Board for addressing all their issues and concerns with the proposed project.  Mr. Waite asked the Board to review a concern he had regarding a proposed driveway on the site plan. He also told the Board that he believes the conservation easement area is being disturbed by the petitioner, as trees have been cut down to gain access through the easement area to the property to perform test borings. The Chairman stated that he would confer with the Planning Coordinator regarding this.

The Board discussed the fact that the privacy fence for the neighbors would be placed near or on the conservation easement borderline. The Board concluded that they would allow relief to the petitioner by advising the Town Engineering Department and the Building Inspector that he may erect the temporary construction fence in the area where the permanent privacy fence would be erected.  The Chairman will contact Mr. Ostrander regarding this decision.

3. C.B. Sub. File #13-05, proposed Eagle Heights West subdivision, Part 3, 31 acres of vacant land as an extension of Deer Run, Zoned R-1. Requesting Pre-Application Findings Review of a 23+/- lot subdivision.

Mr. Pidanick discussed the proposal with the Board, stating that his client would prefer to pay fees, rather than donate land.  The Board discussed the project and concluded that they would prefer to have land donated for recreational use, such as a tot lot, citing the fact that there is no active recreational land in this area for the residents. Mrs. Bergantz noted that homeowners will not be clear as to what is a wetland area or what is not. The Board requests that the petitioner provide monuments or “markers” on each building lot to delineate the existing Federal wetland areas.  Mr. Pidanick stated that installing the markers would not be a problem. 

The Chairman told Mr. Pidanick that the Board would like him to return with other ideas for the property, based on the Board’s discussion. 

C.B. Mtg. #5          Reg. Mtg. #5          May 3, 2005        Page 4 of 4                     7:00 PM

MOTION made by the Chairman, seconded by Frank Newton, to TABLE their review pending the applicant’s re-submittal, based on the Board’s comments.

MOTION UNANIMOUSLY APPROVED.

OTHER BUSINESS

1. Discussion of parking lot island irrigation systems.

The need to have “sample language” for island irrigation systems was discussed.  Lowe’s and other irrigation contractors will be contacted to see if they have information the Board can use. 

With no other business to be presented to the Board at this time, the meeting was adjourned at 8:04 p.m. by UNANIMOUS APPROVAL.

                                                                 Respectfully submitted,

                                                                 Rose Seivert, Secretary

                                                                 James E. Loesch

                                                                 Chairman

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