C.B. Mtg. #3 Reg. Mtg. #3 February 28, 2006 7:00 PM Page 1
Minutes of the February 28, 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: Thomas Jaeger, Acting Chairman
Ann Bergantz
Frank Newton
George Schichtel
David Ward
EXCUSED: Richard Schechter, Chairman
James Loesch
OTHERS PRESENT: Nan Ackerman, Councilman
Remy C. Orffeo, Planning Coordinator
Eric Recoon, Benderson Development
James Rumsey, Benderson Development
Deborah Patterson, resident
Connie Lydon, Landscape Architect
Tim Gawenus, FRA Engineers
Mark Seanor, Tim Horton’s
James Churchill, Scheid Architectural
Paul Battaglia, Hamilton/Houston/Lownie Architects
Richard Brox, Landscape Architect
In the absence of Chairman Schechter, Thomas Jaeger announced that he would be the Acting Chairman this evening.
Acting Chairman Jaeger called the meeting to order at 7:07 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 stated that he recuses himself from agenda item #2.
APPROVAL OF MINUTES:
The minutes of January 31, 2006 will be voted on at the next meeting.
1. C. B. File #37-05, Benderson Development, Vacant Land, East side of North Buffalo Road (across from OPCS Federal Credit Union), Zoned B-2. Project Site to be utilized as a commercial development with 2 multi-tenant buildings.
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Based on the Board’s input from the January 31, 2006 meeting, Mr. Recoon provided the members with copies of a revised landscape plan indicating that the interior green space requirement of 10% has been met. The building on the south side of the site was moved 8 feet further to the south, creating room for an 8 foot wide green space island area. The buildings were also moved forward. This eliminates the need for a front yard parking variance, as there is no longer parking being proposed here. Additional coniferous and deciduous trees have been added, per the Board’s request. Mr. Rumsey told the Board that underground utility lines exist at the site and that trees must be planted around these areas. Trees will also be planted at the back property line.
Mrs. Bergantz established that there will be no trees in the island areas due to the underground detention piping.
The Board discussed the revised plan further and agreed the project is nice.
Mr. Schichtel made a MOTION, seconded by Mr. Newton to ACCEPT the revised landscape plan as presented with the stipulation that all lighting is to be directed downward toward the site; any dumpsters are to be screened; a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($40,860.00) or a certified check in the amount of ($20,430.00) 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 and review by Board Member George Schichtel.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C. B. File #2-06, Tim Horton’s Restaurant, 3239 Abbott Road, Zoned B-2 & R-3. Requesting to construct a new single Tim Horton’s restaurant building with a drive-through that has a separate access drive. Town Board referred to Conservation Board on 2/15/06.
Mrs. Lydon presented and explained the landscape plan for the proposed Tim Horton’s to the members. The plan is designed to create a new image for this corner entranceway into Orchard Park. Large deciduous evergreen trees will be used to develop a substantial screen and street trees will aid in blending the area. The detention basin will have a seed mix applied. In addition, a double row of white dogwood will be used to soften the dumpster area site. A total of 38 parking spaces are proposed for the site and no interior islands are required. The buildings on the adjacent property will be removed and the area left as green space. Mr. Ward asked if there are any future plans for this area and Mr. Seanor told the Board, “not at this moment”.
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Mrs. Bergantz made a MOTION, seconded by Mr. Newton, to ACCEPT the landscape plan as presented with the stipulation that all lighting is to be directed downward toward the site; any dumpsters are to be screened; a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($28,795.00) or a certified check in the amount of ($14,397.50) 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, with Mr. Schichtel abstaining.
It was noted that Ms. Deborah Patterson, a resident of the area, was present. She discussed her feelings with the Board and stated that she feels the proposed quantity of trees to be planted is not adequate buffering. She will send a correspondence to the Town Board citing this concern.
3. C.B. File #6-06, Scheid Architectural, 3050 Orchard Park Road, former Towne Lincoln Mercury, Zoned B-2. Requesting a Change in Use from Automotive to Medical. Town Board referred to Conservation Board on 2/15/06.
Mr. Churchill presented and explained the landscape plan to the members for the proposed conversion of the Towne Lincoln Mercury site. Based on the members’ comments during the concept review meeting, the site has been increased to have a total of 4% interior green space and a total green space area of 13%. Four street trees will be added to the site. The members noted that the proposed project is a great improvement for the site.
Mrs. Bergantz made a MOTION, seconded by Mr. Schichtel to ACCEPT the landscape plan as presented with the stipulation that all lighting is to be directed downward toward the site; any dumpsters are to be screened; a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($12,970.00) or a certified check in the amount of ($6,485.00) 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.
4. C.B. File #7-06, Greater Buffalo Savings Bank, 6520 Webster Road, Zoned B-3. Requesting to build a new retail bank. Town Board referred to Conservation Board on 2/15/06.
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Mr. Battaglia presented and explained the landscape plan for the proposed Greater Buffalo Savings Bank. Acting Chairman Jaeger noted that there are changes that must be made to the drawing, therefore, the Board can not recommend on this project at this time.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton to TABLE this case pending a re-submittal of the landscape plan as discussed by the Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. C.B. File #10-06, Western New York Eye Care, 301 Sterling Drive, Zoned I- 1. Requesting to build an addition of a second floor totaling 12,000 sq. ft. with required parking. Town Board referred to Conservation Board on 2/15/06.
Mr. Brox presented and explained the landscape plan to the members. He noted that an island will be put in similar to the existing ones at the site and Red Maple trees will be planted. Evergreens will be used to buffer the adjacent property that is currently being cleared for a construction project. Shrubbery will be planted at the elevator area and fairway entrances. Mr. Brox told the members that the parking area will be expanded; however, the existing landscaping will not be removed.
The members concurred that the proposal is adequate.
Mr. Ward made a MOTION, seconded by Mr. Schichtel, to ACCEPT the landscape plan as presented with the stipulation that all lighting is to be directed downward toward the site; any dumpsters are to be screened; a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($5,150.00) or a certified check in the amount of ($2,575.00) 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.
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OTHER BUSINESS:
1. C.B. File #09-06, The Hills, proposed 13-lot subdivision, accessed off a portion of Arrowood Lane within Part 6 of Chestnut Ridge Village, Zoned R-2, concept review by Board.
Mrs. Bergantz noted that the Trails Task group had discussed the proposal. They recommend connecting the existing subdivision with a walkway to the proposed subdivision. The Board discussed the project and determined that they desire fees to be paid, rather than land dedicated to the Town.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:36 p.m. by UNANIMOUS APPROVAL.
Respectfully submitted,
Rosemary M. Seivert
Conservation Board Secretary
Thomas Jaeger
Acting Chairman