C.B. Mtg. #8 Reg. Mtg. #8 September 6, 2005 7:00 PM Page 1
Minutes of the September 6, 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
EXCUSED: David Ward
Thomas Jaeger
OTHERS PRESENT: Sarah desJardins, Planning Coordinator
Gerald A. Buchheit, Jr.
Stephen Kane, Ashley Furniture
Connie Lydon, Lydon Landscape & Design
William Tuyn, Greenman Pederson
Patricia Bittar, William Schutt & Associates
John Wabick, West-Herr Nissan
Frank Brzezinski, Landscape Architect
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 asked to be excused from discussion and voting on items #1 and #2 and Mr. Schechter asked to be excused from discussion and voting on item #1, as each has a family or business relationship with the petitioner.
APPROVAL OF MINUTES:
A MOTION was made by Mr. Schechter, seconded by Mr. Newton, to ACCEPT the minutes of the August 2, 2005 meeting.
THE MOTION WAS UNANIMOUSLY APPROVED.
1. 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. Tabled by the Conservation Board on 8/2/05.
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Landscape Architect: Matthew J. Lydon
Plan Number: Landscaping Details
Date of Plan: September 2005
Date Plan Received: 9/6/05
Ms. Connie Lydon presented a revised landscaping plan with the changes the Conservation Board discussed with the petitioners at the August Conservation Board meeting. Changes included screening along North Benzing Road consisting of different types of evergreen trees, as well as deciduous trees, at differing heights. In addition, along Amelia Lane, low plantings are proposed, along with lawn and a meadow with wild flowers, perennial grasses and hydro-seeded grasses.
Mrs. Lydon explained that, in addition to the above, low types of dwarf sumac and low ornamental grasses are proposed on either side of the proposed entrance to the plaza from Amelia Lane. Pear trees would also be planted on either side of the entrance to the plaza. In addition, groupings of significant trees along Amelia Lane are proposed.
Mrs. Bergantz commented that she likes the revised landscaping proposal as presented. Mr. Newton agreed with Mrs. Bergantz.
Discussion evolved regarding irrigation of the islands on the proposed site. Mr. Loesch stated that two Conservation Board members visited the existing Target plaza site and saw no heaving caused by irrigation in the islands at that location. Mr. Buchheit stated that he still feels there are problems at that site stemming from the island irrigation system.
Mr. Loesch reminded the Board that at the August Conservation Board meeting, the petitioner indicated that he would sprinkler the perimeter plantings and he asked Mr. Buchheit if he would still agree to that. Mr. Buchheit stated that he will agree to sprinkler the perimeter landscaping.
Mr. Loesch explained to the those present that, as there were only three voting Board members present that evening for this request, the other two members will look at the proposed revised landscaping plan in a timely fashion and report their opinions to Mr. Loesch. In turn, the Conservation Board will report its findings to the Planning Board, so as not to hold the project up.
Mr. Loesch stated that, assuming the other two members are in agreement, the Conservation Board is satisfied with the revised plan and its recommendation to the Planning Board would be subject to acceptance by the Town Engineering Department. In addition, 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 ($114,381.00) or a certified check in the amount of $57,190.50 is to be presented to the Town Clerk prior to receipt of a building permit.
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2. C.B. File #27-05, Towne Automotive Group, 3525 Southwestern Boulevard, Zoned B-2. Requesting a Building Permit to construct a 34,805 sq.ft. automotive dealership. Town Board referred to Planning Board on 8/17/05.
Project Engineer: Matthew J. Lydon
Plan Number: Landscape Plan
Date of Plan: 8/29/05
Date Plan Received: 9/6/05
Ms. Connie Lydon presented the proposed landscape plan to the members, noting that the petitioner needed to fit the proposed building in with the existing buildings and landscaping already on the site.
Ms. Patricia Bittar stated that the existing detention basin on the site will be increased in size to accommodate runoff from the proposed new building, as it will replace existing green space and a small number of parking spaces.
Ms. Lydon advised the Board that the petitioner will transplant the existing Ash trees that will be removed to the west side of the new building. She further stated that the new plantings around the building will be low evergreens and shrubs. In addition, honey locust trees and lawn are proposed along the east side of the building. The dumpster will be screened by Burning Bush trees.
Mr. Schechter asked what percentage of parking area interior green space is proposed. Ms. Bittar responded that it will be just over ten percent.
Ms. Lydon stated they will be attempting to save and replant the existing street trees that will be affected by the resizing of the detention areas. Mrs. Bergantz expressed her concern for the health of those trees.
Mr. Loesch asked Ms. Lydon if the petitioner would be willing to agree to replace any failed material for a five-year period. Ms. Lydon responded in the affirmative. She further stated that if the trees cannot be replanted, the petitioner will plant new trees of the same variety.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton, to APPROVE the presented landscape plan received on September 6, 2005. The petitioner agrees to ensure that the transplanted trees will survive for five years. If any trees cannot be transplanted or if they die, the petitioner will plant replacements of the same variety. All lighting is to be directed downward and toward the site and any dumpsters shall be screened. A Landscape Completion Bond in the amount of $13,800.00 or a certified check in the amount of $6,900.00 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 of the drainage plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
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3. C. B. File #28-05, West-Herr Nissan, 3580 Southwestern Boulevard, Zoned B-2.
Requesting Conservation Board approval of changes to the existing landscaping on the site.
Mr. John Wabick explained that West-Herr owns six dealerships in the Auto Mall and that this site, because of its age, has a parking setback of just fifteen feet, as opposed to the rest of the Auto Mall sites, whose setback is fifty feet. Mr. Wabick feels that the fifteen foot setback causes the building to be visually obstructed from the street. In addition, he feels that the existing lighting is inadequate at the site due to the location of the street trees, which are quite large. He further stated that the sap dropped from the trees onto vehicles in the parking lot is a problem. He would like to remove the existing street trees, install new curbing and lighting fixtures and relocate the existing sign to make the building more visible from Southwestern Boulevard. He would replace the street trees with deciduous flowering shrubs and seasonal flowers, which he feels would enhance the look of the site.
Mr. Brzezinski stated that the petitioner feels the street trees are problematic to the marketing of West-Herr products
Mr. Schechter commented that the proposed plan looks acceptable to him.
Mrs. Bergantz noted that she does not want existing trees taken down and would rather see them pruned. Mr. Wabick responded that if he were to prune the street trees so that enough lighting could show through, there would be very little of the trees left.
Mr. Schichtel stated that he would like to visit the site and see if some of the trees could be saved, while at the same time allowing Mr. Wabick to achieve his goal of increasing visibility from the street.
Mr. Wabick noted that installing curbing might kill the roots of the existing street trees.
Mrs. desJardins advised Mr. Wabick that the Planning Board will want to approve the proposed lighting fixtures and levels before any new lights are installed.
Mr. Newton stated that he agrees with Mr. Schichtel, although he sympathizes with Mr. Wabick’s position.
Mr. Loesch made a MOTION, seconded by Mr. Newton to TABLE the request pending a visit to the site by Mrs. Bergantz and Mr. Schichtel. They will report back to the Planning Coordinator, who will relay their findings to Mr. Wabick.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS
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. Report from Mrs. Bergantz.
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Mrs. Bergantz recommended that the Board table this request because she feels the location of the creek on the property should be confirmed. She will review the wetlands map and report back at the October meeting. The rest of the Board concurred.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:05 p.m. by UNANIMOUS APPROVAL.
Respectfully submitted,
Sarah K. desJardins
Planning Coordinator
James E. Loesch
Chairman