C.B. Mtg. #6 Reg. Mtg. #6 June 6, 2006 7:00 PM Page 1
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Minutes of the June 6, 200 6 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
EXCUSED: David Ward
Thomas Jaeger
OTHERS PRESENT:
Nan Ackerman, Councilwoman Remy C. Orffeo, Planning Coordinator
Gerry Buchheit, Developer Frank Brzezinski, RLA
Robert Walsh. Attorney Mr. & Mrs. Roberta Bruni, applicant
Elisa Tsang, APD Engineering Joe Deck, Krog Corp.
Patrick Sheedy, Krog Corp Doug McCord, RLA
Craig Richardson, CK & Associates David P. Lombardi/John Meyer Consulting
Constance Lydon, RLA Zach Clark, applicant
Ralph Lorgio, Attorney Victor Martucci, Marrano Homes
Sean Hopkins, Attorney Peter Sorgi, CVS project Attorney
Matt Casey, Zaremba Group/CVS Michael Road residents; Mr. & Mrs. Klavoon,
Nathan Backus Councilman Mark Dietrick
Mia Beyer, “The Southtowns Citizen”
Chairman Schechter called the meeting to order at 7:30 p.m. by stating that both the Petitioners and Board members agree to adhere to the Town of Orchard Park Code of Ethics and must disclose the nature and extent of any relationship in accordance with the provisions of the Ethics Law of the Town of Orchard Park.
APPROVAL OF MINUTES:
A MOTION was made by Mrs. Bergantz, seconded by Mr. Loesch, to accept the minutes of the April 4 and May 2, 2006 meetings.
The Chairman announced that the July 4th meeting will be held on June 27, 2006 because of the holiday occurring on the date of the meeting.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #29-06, Krog Corporation for Value Centric, 23 Cobham Drive at Rte. 20A, Zoned I-1. Requesting to construct a new two-story office building on the northeast corner of Cobham Drive. Town Board referred to Conservation Board on 4/19/06. Tabled by the Conservation Board on 5/2/06
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Date of Plan: 5/1/06
Landscape Architect: Craig Richardson
Plan Number: L-3A
Date Plan Received: 5/23/06
Mr. Sheedy presented plans and stated that revisions have been made based on the recommendations the Board expressed during the May 2, 2006 meeting. Mrs. Bergantz noted that the interior green space requirement of 10% has been met. She discussed revising the plan to increase the number of trees in the island areas. The members discussed having two trees per island and recommend using a small columnar variety. In addition, the landscape evaluation form is to be revised and resubmitted reflecting this change.
Mr. Loesch made a MOTION, seconded by Mrs. Bergantz, to ACCEPT the presented landscape plan with the revision, that two trees should be planted in “E”, “G”, and four trees in “D”. The landscape estimation form shall be revised and resubmitted.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $20,799.00 or a certified check in the amount of $10,399.50 is to be presented to the Town Clerk prior to receipt of a building permit. All lighting is to be directed downward and toward the site and any dumpsters are to be screened. Approval is contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #24-03, Proposed Baker Highlands Subdivision, Vacant Land, east side of Baker Road, north of Milestrip Road, Zoned R-2. Board to review revised landscaping plan. Tabled by the Conservation Board on 5/2/06.
Date of Plan: 5/06
Landscape Architect: Dean Gowen
Plan Number: N/A
Date Plan Received: 5/01/06
Mr. Martucci told the Board that they had consulted with the Highway Superintendent and he approved the proposed cul-de-sac plan. In addition, an agreement was reached with the most affected neighbor, Mrs. Roehling. The Planning Coordinator verified that a mutually agreeable arrangement had been reached between Mrs. Roehling and the applicant, as documented in the Planning Board minutes of the May 10, 2006 meeting. The landscape estimation form does not include the cost of the neighbor’s landscaping. Mr. Martucci told the Board that a letter regarding warranty information from the professional landscaping company that will perform the work on Mrs. Roehling property was provided to her. He will provide a copy of this information to the Planning Coordinator.
Mr. Loesch established that mitigation is not being pursued by the applicant at this time.
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Mr. Schichtel complimented the proposed plan.
The members complimented the Highway Superintendent for his input.
Mr. Loesch made a MOTION, seconded by Mrs. Bergantz, to accept the landscape plan as presented.
The Chairman verified that the revised total landscape cost is $52,700.00. Mr. Martucci noted that this amount covers the cul-de-sac, the street trees, the landscaping at the pond area and the access road to the pond.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $52,700 or a certified check in the amount of $26,350.00 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.
3. 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. Tabled by the Conservation Board on 5/2/06.
Date of Plan: 4/18/06
Landscape Architect: Doug McCord
Plan Number: C5.2
Date Plan Received: 5/2/06
During the review of this project at the May 2, 2006 meeting the Board asked for a revised plan that would mimic the same plantings to be used at the Ashley Furniture site. Ms. Tsang presented and explained the revised landscape plans to the members noting that it now contains similar landscaping being used at the Ashley Furniture site. She also explained that the applicant will need to obtain permission from the utility company to clear the area on the east side of the site to create a berm with landscaping. She told the Board that the interior green space area is 10.19%.
Mrs. Bergantz questions if clearing the front area and installing a berm on the east portion of the site is a good proposal. The Board discussed at length the front entrance way into the site. They concluded that they would like the applicant to keep the existing vegetation on the east side as best as he can and have a transitional planting put in at the front of the existing material. They suggest plantings that will not require a lot of maintenance, such as ornamental grasses and perennials (i.e. “Black Eyed Susan”) be used to keep the area similar to the Ashley Furniture store across the road. Ms. Tsang noted that approval from the utility company would be necessary because of the power line easement area. Mrs. Bergantz also discussed having the island areas planted with trees and shrubbery and would like the applicant to supply a detailed drawing of island design.
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Mr. Schichtel noted that this is an excellent plan and that the site is an asset to the area. He believes that tying the east side to the existing site is a good idea. He verified with the applicant that the site will have automatic sprinkler systems installed.
Mr. Newton noted that the plan looks good to him and that he likes the island areas with the proposed shrubs and trees.
Ms. Tsang indicated on the plan where the snow storage areas would be.
Mr. Loesch noted that he feels the compromise made with regards to the island areas is good. He established with Mr. McCord that adequate room exists to leave the existing vegetation and create the transition area while developing the grading of the site.
The Chairman requests that the applicant revise the plan per the comments of the Board. He further stated that conditional approval can be given with the understanding that the applicant is to submit an acceptable plan.
Mr. Loesch made a MOTION, seconded by Mr. Newton to CONDITIONALLY ACCEPT the presented plan with the revisions the Board has discussed. This includes not clearing the front area on the east and planting a transition area using the materials discussed. The members will review the revised plan once it has been submitted, to have the opportunity to advise if further changes are necessary.
In addition, the Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost (amount to be revised) or a certified check for ˝ the amount is to be presented to the 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 and that approval is also contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #13-06, Target, 5622 Amanda Drive, Zoned B-1. Review of revised landscaping plan. Town Board referred to Conservation Board on 3/1/06. Tabled by the Conservation Board on 5/2/06.
Date of Plan: 4/25/06
Landscape Architect: Joseph Paul Modaferi
Plan Number: LP-3A & B
Date Plan Received: 4/27/06
Mr. Lombardi explained the revised plan to the members and presented a color elevation for their review. He told the Board that the interior green space is 6.5% and that the overall green space is 16.3%. Mr. Lombardi discussed the Board’s comment letter regarding species they suggest for the site. He told the Board that he has tried to mimic the landscaping varieties used along Amelia Drive, as requested by the Board during their last review of the project. Mr. Schechter told Mr. Lombardi that the plan should have the species noted using their botanical names.
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The Board established that the loss of parking spaces (21) will be addressed by the Planning Board and the Town Board, during their review. Mrs. Bergantz discussed the island areas and the number of trees being proposed. The members determined that the island 40 feet in length should minimally have two trees planted within it.
Mrs. Bergantz made a MOTION, seconded by Richard Schechter to CONDITIONALLY ACCEPT the presented plan with the revision the Board discussed; the island in front of the entranceway shall include two trees and if the island is not able to accommodate two trees it will be redesigned to do so. The members will review the revised plan when submitted, and advise if further changes are necessary. A revised landscape estimation form shall also be submitted to the Planning Office.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost, (amount to be revised) or a certified check for ˝ the amount 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.
NEW BUSINESS
1. C.B. File #39-06, Hugh Smith, 3410 Angle Road, Zoned R-2. Proposed one lot subdivision. Zoning Board of Appeals granted a variance for 100’ frontage on 8/16/05. Town of Orchard Park planted street tree in 2004.
The Planning Coordinator told the Board that this site has one street tree planted and he would like to forward the project to the Planning Board after review by this Board is complete.
The Chairman made a MOTION, seconded by Mr. Loesch, to APPROVE the one street tree planted at this site.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #16-06, Gian Carlo & Roberta Bruni, 5100 Big Tree Road, Zoned B-2. Conservation Board to review submitted landscaping plan. Note; on April 18, 2006 the Zoning Board of Appeals granted a Use Variance to allow dual use of this property (Residence and Business). Applicant would like to reside in a home located on the property and operate a restaurant in a separate home, also on the property. Town Board referred to Conservation Board on 3/15/06.
Date of Plan: 4/27/06
Landscape Architect: Frank Brzezinski
Plan Number: L-1
Date Plan Received: 6/6/06
Mr. Brzezinski explained the presented landscaping plan to the members. He told the Board that the applicant will reside on the site in the existing home
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located at the rear of the property and operate a small fine dining restaurant in the other existing home located at the front of the property. The number of parking spaces complies with the ordinance and all ADA requirements will be met.
Mrs. Bergantz discussed her concerns regarding the neighbors and the buffering that should be provided. It was noted that during the Zoning Board of Appeals meeting the residents present express concerns regarding traffic.
Mr. Newton made a MOTION, seconded by Mrs. Bergantz to ACCEPT the landscaping plan as presented.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $2,315.00 or a certified check in the amount of $1,157.50 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 contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
3. C.B. File #25-06, Kam/Young Beauty Salon, 3675 Abbott Road, Zoned B-2. Applicant would like to convert existing residence into a Beauty Salon. Town Board referred to Conservation Board on 4/19/06.
Date of Plan: 4/3/06
Landscape Architect: Frank Brzezinski
Plan Number: L-3
Date Plan Received: 5/3/06
Mr. Brzezinski presented landscaping plans to the Board for a proposed hair salon. The members’ established that there will be no dumpster; trash cans will be used. Mrs. Bergantz discussed buffering for the nearby neighbors. Mr. Brzezinski explained that the applicants own the adjacent property and operate the business “Armor Heating” here. The other adjacent neighbor is Mr. Michael O’Donnell. The applicant told the Board that he has spoken to Mr. O’Donnell and he is supports the proposed project. Juniper and arborvitae were given as examples of items that can be used to accomplish screening.
Mr. Schichtel told the applicant that he would like Shade Master, rather than Skyline planted.
Mr. Newton made a MOTION, seconded by Mrs. Bergantz to approve the presented plan with the revision the Board discussed; Shade Master shall be used rather than Skyline.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $5,130.00 or a certified check in the amount of $2,565.00 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.
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THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #33-06, Clark Chiropractic Office (“Helping Hands Chiropractic”), 4180 Abbott Road, Zoned B-2. Requesting a Building Permit to construct a 3,000 +/- sq. ft. Chiropractic Medical Office Building. Town Board referred to the Conservation Board on 5/17/06.
Date of Plan: 5/1/06
Landscape Architect: Frank Brzezinski
Plan Number: L-4
Date Plan Received: 5/2/06
Mr. Brzezinski presented and explained the landscaping plan for the proposed demolition of an existing building and construction of a new facility to be used for Chiropractic medicine.
Mr. Schichtel established that the existing maples are in good condition.
Mr. Schechter made a MOTION, seconded by Mr. Loesch, to approve the presented landscaping plan. The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $11,990.00 or a certified check in the amount of $5,995.00 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; there will be no dumpsters. Also, approval is contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. 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.
Mr. Schichtel recused himself from voting in this case.
The Chairman noted that a vote could not take place for the project as there is not a quorum.
Date of Plan: 5/26/06
Landscape Architect: Connie Lydon
Plan Number: L1
Date Plan Received: 5/30/06
The Planning Coordinator stated that the Engineering Department has conveyed to him that the project must include a retention pond to handle the quality and quantity of the water run-off; therefore, that the presented plan most likely will be revised. Mr. Casey stated that he will advise his staff of the Engineering comment.
Mr. Casey told the Board that three Michael Road residences are under
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contract to be purchased and added to the former Burger King site. The properties are zoned R-3 and they will be seeking to rezone them to B-2. Only two properties are needed for the project to be developed; the third property is being purchased solely to increase the buffer area for the home owner on the east, Mr. and Mrs. Jensen. He told the Board that the project has approximately 12.5% interior green space and 36% overall green space. Mr. Casey told the Board that a meeting took place with the nearby residents to discuss the project and gain their input.
Mrs. Lydon explained the landscaping plan to the members noting that efforts were made to blend the site into the neighborhood. She also considered headlight glare and noise when designing the plan. Efforts will be made to keep several existing trees. She told the Board that the property adjacent to the Jensen’s will not be developed and that a 60-foot buffer area will remain between the project and their residence. Mrs. Jensen was present and she discussed the proposed buffer area. She stated that she prefers to have a fence with plantings on both sides and not the berm being proposed. She also noted that she is allergic to pine trees.
Mr. Casey told the Board that Mrs. Jensen’s property exists with the driveway immediately next to the property line. The addition of the proposed buffer area will improve the ascetics of her property.
Councilwoman Ackerman discussed the rezoning request. She confirmed with the applicant that the property adjacent to the Jensen’s is not part of the site’s developmental plan. She believes the applicant should request rezoning for the first two properties on Michael Road and that the third property should not be rezoned. This property should be placed into a conservation easement agreement to remain forever green. She further noted that she will review the proposed building when the applicant has plans available.
The Board listened to the suggestions and concerns voiced by residents residing on Michael Road in the Town of West Seneca. Mr. Sorgi stated that he will contact the Town of West Seneca to learn what their Town ordinance allows in the way of buffering headlight glare.
Unable to vote on this case, the members instructed the applicant to return with a revised plan and address the following;
1. Concerns of the neighbors.
2. Detention issue.
3. Buffering issues
4. Lighting
OTHER BUSINESS:
1. C.B. File #37-06, Doodle Bugs Day Care, Vacant Land Redtail Drive, Zoned I-1. Concept review of a proposed 11,300 sq. ft. day care center. Granted a Use Variance by the Zoning Board of Appeals on 3/21/06.
Date of Plan: 3/20/06
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Landscape Architect: Frank Brzezinski
Plan Number: C-4.1
Date Plan Received: 5/31/06
Mr. Brzezinski presented and explained the proposed landscaping plan to the members. The members reviewed the plan and questioned why there is a large area that remains on the property with nothing planted. Mr. Brzezinski stated that he feels the area is a play area for the children.
The Board discussed having three shade trees planted in the large area, if the applicant is agreeable. Mr. Brzezinski will advise his client of the Board’s comments.
With no other business to be presented to the Board at this time, the meeting was adjourned at 9:22 p.m. by UNANIMOUS APPROVAL.
DATED: June 27, 2006 Respectfully submitted,
REVIEWED: July 5, 2006 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman