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.

 
Date of Plan:                        2/23/06

Landscape Architect:          Robert Trybulski

Plan Number:                      C-7

Date Plan Received:            2/28/06
 

 

 

C.B. Mtg. #3            Reg. Mtg. #3             February 28, 2006        7:00 PM          Page 2

 

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.

 
Date of Plan:                       1/13/06

Landscape Architect:          Matthew Lydon

Plan Number:                      C-4

Date Plan Received:            2/22/06

 

     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”. 

 

 

C.B. Mtg. #3            Reg. Mtg. #3             February 28, 2006        7:00 PM          Page 3

 

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.

 
Date of Plan:                       1/30/06

Landscape Architect:          Joy Kuebler

Plan Number:                      C-4

Date Plan Received:            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.

 

 

 

 

 

C.B. Mtg. #3            Reg. Mtg. #3             February 28, 2006        7:00 PM          Page 4

 
Date of Plan:                       12/29/05

Landscape Architect:          Dean Gowen

Plan Number:                      A1.1

Date Plan Received:            2/1/06

      

                                       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. 

 
Date of Plan:                       2/28/06

Landscape Architect:          Richard Brox

Plan Number:                      L-101

Date Plan Received:            2/28/06

 

                                        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.

 

                   

 

 

 

 

 

 

C.B. Mtg. #3            Reg. Mtg. #3             February 28, 2006        7:00 PM          Page 5

 

 

                   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