C.B. Mtg. #8 Reg. Mtg. #8 August 1, 2006 7:00 PM Page 1
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Minutes of the August 1, 2006 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: Richard Schechter, Chairman
Ann Bergantz
James Loesch
Frank Newton
George Schichtel
David Ward
EXCUSED: Thomas Jaeger
OTHERS PRESENT:
Nan Ackerman, Councilwoman
Remy C. Orffeo, Planning Coordinator
Connie Lydon, Landscape Architect
Mike Borowiak, Nussbaumer & Clarke
Keith Fisher, Fisher Bus
Dan Blamowski, FRA Engineering for McDonald’s
Peter Krog II
H. Fischer, FRA
Adam Fishel APD Engineering
Jen Mattsor, McCord Landscape Architects
Craig Richardson, CKJ Associates
Andy Gow, Nussbaumer & Clarke
Residents of Michael Road;
Nathan & Barb Backus, Ron & Jan Klavoon, Eric & Charlene Larsen,
Nadine Jensen
Peter Sorgi, Attorney for CVS
Matt Casey, Zaremba Group
__________________________________________________________________________________
Chairman Schechter called the meeting to order at 7:00 p.m. by stating that both the Petitioners and Board members agree to adhere to the Town of Orchard Park Code of Ethics. The Board members also agree to disclose the nature and extent of any relationship with the Petitioners and, if warranted, recuse themselves from voting in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
APPROVAL OF MINUTES:
The Chairman stated that the minutes of the June 27, 2006 meeting will be voted on at the September meeting.
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OLD BUSINESS
1. C.B. File #13-06, Target, 5622 Amanda Drive, Zoned B-1. Town Board referred to Conservation Board on 3/1/06. Board to review revised plan.
Date of Plan: N/A
Landscape Architect: N/A
Plan Number: N/A
Date Plan Received: 7/11/06
The Planning Coordinator noted that the Target representative is excused from attending the meeting.
The Board reviewed the revised plan and Chairman Schechter stated that pursuant to the Petitioner’s July 5, 2006 submission, the revised plan is acceptable to the Conservation Board and that the prior approval still stands.
2. C.B. File #27-06, Quaker Crossing, LLC, South side of Milestrip Road across from Quaker Crossing Retail Center, Zoned B-1, proposed Sam’s Club. Town Board referred to Conservation Board on 4/19/06. Board to review revised plan.
Date of Plan:
Landscape Architect:
Plan Number:
Date Plan Received: 8/1/06
The Chairman noted that the Board had not received a submission prior to the meeting which would have given the Board an opportunity to review the plan during their work session. Ms. Jen Mattsor and Mr. Adam Fishel told the Board that the plan is revised based on input given by the Board at a previous meeting.
The members discussed the presented plan noting;
1. The transitional area on the revised plan is shown as being 3 feet wide. This is not adequate. They concluded that the transitional area should be staggered, ranging 10 to 15 feet wide; plantings should mimic the Ashley Furniture Store across the street using natural materials, such as wild flowers and tall grasses. Mr. Ward noted that the applicant should allow for plowing and the prevailing winds of the site. Mrs. Bergantz noted that she would like a detailed plan with regards to the island areas. It was established that no comments have been received by the applicant from the power company.
2. The scale on the map is not indicated as it should be. The members obtained a ruler and found the scale to be 1 to 20.
3. The plan did not indicate that underground sprinkler heads would be used. Mr. Newton expressed the fact that the site is large and
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that it will be difficult to maintain; he is disappointed that the sprinkler system will not be installed. The Board noted that they are installed and used at the first Quaker Crossing phase and that they would have liked the applicant to install them at this site.
4. Chairman Schechter noted that conditional approval could be granted pending the receipt of a revised plan and landscape estimation form.
Mrs. Bergantz made a MOTION, seconded by Mr. Schichtel to GRANT CONDITIONAL APPROVAL of the presented plan with the following revisions; the naturalized strip along the entrance road shall be staggered 10 to 15 feet, and include a mowing strip. A revised plan and landscape estimation form must be submitted.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $219,433.00 or a certified check in the amount of $109,716.50 is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed downward toward the site; any dumpsters are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
Planning Coordinator Remy Orffeo asked Mrs. Bergantz and the applicant’s representative to sign and date the accepted plan with the revisions to be made as indicated by the Board. He told Ms. Mattsor and Mr. Fishel that in the future plans must be submitted complete. It is a waste of a Board’s time when plans are incomplete. If an incomplete plan is submitted in the future he will recommend that the Board reviewing the project postpone the review of the project to the following month.
3. C.B. File #34-94, Peter Krog, representing Minrad Corporation, 50 Cobham Drive, Zoned I-1. Board to review revised plan.
Date of Plan: 10/29/05
Landscape Architect: R. Schneckenburger
Plan Number: L-3A
Date Plan Received: 7/25/06
The Chairman noted that approval for this project was granted approximately 10 years ago. It was agreed at that time that a berm would be put in; however new plant growth has occurred and the nearby residents prefer not to have the berm. Mr. Krog told the Board that he proposes to plant grass and create a park like setting.
The Board compared the original plan to the proposed plan. It was noted that the original plan proposed clearing trees and that the revised plan does not. Councilwoman Ackerman discussed the 133 feet green space area, noting that the applicant is in violation of a covenant regarding this area, as it is to remain undisturbed. She
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further noted that the residents located on California Road will be affected in the winter months. She would like the applicant to clean the area and replace the under story, which has already been removed.
The Board discussed the request further and concluded that the site changed after a decade. The Board favors the project without the berm, would like the area cleaned up. They would also like the applicant to replant the under story, have the existing trees preserved and identified, and for him to work with the Town Arborist, Lynn Reynolds.
Mr. Loesch made a MOTION, seconded by Mrs. Bergantz to ACCEPT Plan L-3A (without the berm) with the original stipulations. The applicant and the Landscape Architect are to work closely with Town Arborist Lynn Reynolds to insure that only the plant material that needs to come out is removed and in the selection of variety to be planted. In addition, the existing trees are to be preserved.
The applicant was told to keep the Town Board apprised of changes.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $24,710.00 or a certified check in the amount of $12,355.00 is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed downward toward the site; any dumpsters are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #36-06, Fisher Bus, Vacant Land South Benzing Road, Zoned I-1. Requesting a Building Permit to construct a new headquarters facility totaling approximately 17,000 sq. ft. (office and repair shop) with parking for vehicles (buses and cars) on an 11+/- acre site. Town Board referred to Conservation Board on 5/17/06. Board to review revised plan.
Date of Plan: N/A
Landscape Architect: N/A
Plan Number: N/A
Date Plan Received: For concept review - 8/1/06
The Board previously reviewed this project as concept review. The plan before the Board is revised based on the Board’s input.
Mr. Gow stated that his client is seeking additional direction from the Board. The Board discussed the interior green space parking area requirement with the applicant, noting that the plan does not indicate what this figure is. The Board also discussed having a substantial berm to screen the neighbors from the site.
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The Chairman told the applicant that when the plan is submitted for approval by the Board it must be stamped and indicate the percentage of interior green space. In addition the peninsula areas should have trees planted with selections noted. Mrs. Bergantz noted that the ordinance requires 1 tree per 100 sq. ft.
Mr. Borowiak noted that additional land could be purchased in order to meet the interior green space requirement.
NEW BUSINESS
1. C.B. File #28-06, McDonald USA, LLC, 3232 Orchard Park Road, NYS Routes 240 & 277, Zoned B2. Requesting a Building Permit and Site Plan approval to redevelop site with a new building, pavement, utilities, lighting and landscaping. The layout of the proposed site will be similar to the existing layout with the changes consisting of a larger building, the addition of a double drive-thru, a concrete patio area and the relocation of the trash enclosures. Town Board referred to Conservation Board on 4/19/06. The Zoning Board of Appeals granted a variance for Front Yard Parking on 6/20/06.
Date of Plan: 5/25/06
Landscape Architect: H. Fischer
Plan Number: C-4
Date Plan Received: 5/30/06
Mr. Blamowski gave a brief overview of the project noting that the existing structure will be demolished and that the restaurant will be located slightly further back, with almost the same foot print. The reconstruction will take approximately six months. He told the Board that the driveway on the south of the property (closer to the intersection) will be eliminated and that the play area may be proposed in the future. Councilwoman Ackerman noted that she prefers to keep the area as green space.
The Chairman noted that the 10% green space requirement has not been met. He suggests that the applicant reduce the number of parking spaces to meet the requirement. The applicant is proposing 45 parking spaces and the requirement for the site is 37. The interior green space requirement will be met if the parking spaces are reduced to 39.
Councilwoman Ackerman requests a color architectural rendering be submitted for review.
The Board discussed the plan and concluded that they this is an improvement.
The Chairman made a MOTION, seconded by Mr. Newton to APPROVE the plan CONTINGENT upon the applicant reducing the number of parking spaces to fewer than 40 in order to meet the interior green space requirement.
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THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $31,225.00or a certified check in the amount of $15,612.50 is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed downward toward the site; any dumpsters are
to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
2. C.B. File #34-06, Jim Ball, 3443 Southwestern Blvd. Zoned B2. Requesting permission to eliminate buffer area on Hart Place & Southwestern Blvd. Board to review of property landscaping related to safety driving issues. Town Board referred to Conservation Board on 5/17/06.
The Chairman stated that the applicant requested to be removed from the agenda and re-scheduled to the September 5, 2006 meeting.
3. C.B. File #23-06, Proposed CVS Pharmacy, 3900 Union Road and 6531, 6539, 6545 Michael Road, Zoned R-2 and B-2. Zaremba Group seeks a Building Permit to construct an 11,945 sq. ft. building upon a portion of the former Burger King site and amend the zoning classification of parcels exclusively with frontage on Michael Road from R-2 to B-2. Town Board referred to the Conservation Board on 4/19/06.
Date of Plan: 7/21/06
Landscape Architect: M. Lydon
Plan Number: L1
Date Plan Received: 7/22/06
Chairman Schechter and Board Member George Schichtel recused themselves.
The Board reviewed a booklet provided by the applicant containing details of the project. Three residential homes located on the south side of Michael Road are under contract for purchase; the third home is not needed, however it will be purchased to provide additional buffering. It was established that a wall will be used to screen vehicle head lights from the residents who live across the street. In addition, a white vinyl fence will be placed between the site and the resident on the east (Mrs. Jensen).
Mr. Sorgi noted discussions with the involved West Seneca residents are on currently taking place and that he anticipates an agreement with the residents shortly. He told the Board that funds are being offered to the affected residents so that they may purchase landscaping to aid in buffering their homes from the site.
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Mrs. Lydon explained the landscaping plan to the Board, noting that the site will blend nicely into the residential neighborhood. There will be sixty (60) parking spaces and the interior green space is 10%.
West Seneca resident Mr. Ronald Klavoon stated that he lives across the street form the project. He told the Board that he likes the applicant’s proposal and the fact that they are willing to help with the cost of landscaping to aid in buffering their property from the project. He feels the project is on the “right track” and that the applicants are acting in good faith.
The adjacent neighbor on the east, Mrs. Jensen, told the Board that the applicants are using the landscaping she suggested and she is happy with the plan.
Mr. Loesch made a MOTION, seconded by Mr. Ward to APPROVE the plan as presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $28,595.50 or a certified check in the amount of $14,297.75 is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed downward toward the site; any dumpsters are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
OTHER BUSINESS:
1. Letter from Harley-Davidson regarding existing trees at 140 Mid County Drive.
Mr. Loesch recused himself from this case.
Buffalo Harley-Davidson sent a correspondence indicating that they would like permission to construct a ramp leading into the building. They agree to not clearing trees along Milestrip Road and will come before the Board to obtain permission if they feel tree removal is necessary.
The Chairman noted that the record shall reflect that no trees will be removed on the north side of the property without consent of the Board.
2. Letter from Ashley Furniture, located on the east side of Amelia Drive, north side of Milestrip Road, regarding landscaping planting date.
Chairman Schechter and Board Member Mr. Schichtel recused themselves in this matter.
Mr. Kane explained to the Board that the landscaping for the Ashley Furniture Store should not be planted until late fall. He would like to
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have his certificate of occupancy issued now and be able to plant the landscaping during the correct planting season, October 15th through November 15th. He seeks permission from the Board to wait until that time. He also discussed the landscaping bond process with the Board and what he feels are inequities existing with it.
The Chairman noted that the record shall show that the Board will modify their approval as follows; the project is still granted approval, the Certificate of Occupancy may be issued, however, the landscaping shall be planted no later than November 15, 2006. If the opportunity presents itself, he may do so before that date.
2. Proposed Buffalo Savings Bank at 6520 Webster Road, site report from Anne Bergantz.
Mrs. Bergantz noted that she and the Planning Coordinator walked the property and she reported their findings. She stated that a tree died on the adjacent property (Buffalo Medical) located on the north.
The Planning Coordinator noted that the Board will review a memo from Town Assessor Milton Bradshaw regarding Conservation Easements at the September meeting.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:55 p.m. by UNANIMOUS APPROVAL.
DATED: August 30, 2006 Respectfully submitted,
REVIEWED: August 31, 2006 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman