C.B. Mtg. #7 Reg. Mtg. #7 June 27, 2006 7:00 PM Page 1
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Minutes of the June 27, 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
Frank Newton
George Schichtel
EXCUSED: David Ward
Thomas Jaeger
James Loesch
OTHERS PRESENT:
Nan Ackerman, Councilwoman
Remy C. Orffeo, Planning Coordinator
Ralph Lorgio, Attorney
Tim Gawenus, FRA Engineering
Connie Lydon, Landscape Architect
Rob Pidanick, GPI
Ken Zollitsch, GPI
Tim Morgan, DJC Land, Inc. project sponsor
Andrew Terragnoli, Lauer Manguso
Mike Borrowiak, Nussbaumer & Clarke
Keith Fisher, Fisher Bus
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.
Board Member George Schichtel recused himself from voting in item #3 because of a business relationship.
APPROVAL OF MINUTES:
A MOTION was made by Mrs. Bergantz, seconded by Mr. Loesch, to accept the minutes of the June 6, 2006 meeting.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #41-06, Andy Romanowski, Vacant Land Armor Duells Road, Zoned R-2. Requesting Pre-Application Findings Review of a 1-lot subdivision.
The Board reviewed and discussed the project.
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Chairman Schechter made a MOTION, seconded by Mr. Schichtel to APPROVE a street tree for this one lot subdivision.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #37-06, Doodle Bugs Day Care, Vacant Land Redtail Drive, Zoned I-1. Requesting a Building Permit for a proposed 11,300 sq. ft. day care center. Applicant was granted a Use Variance by the Zoning Board of Appeals on 3/21/06. Town Board referred to Conservation Board on 6/7/06.
Date of Plan: N/A
Landscape Architect: Frank Brzezinski
Plan Number: C-4.0
Date Plan Received: 6/26/06
Mr. Terragnoli presented a revised landscaping plan for the Board’s review. He told the Board that three shade trees will be planted in the open area and that additional trees have been added to the site. A revised landscape value estimation form has also been submitted.
Mr. Newton made a MOTION, seconded by Mrs. Bergantz to ACCEPT the presented revised plan.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $32,120 or a certified check in the amount of $16,060 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.
3. 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. Conservation Board approved landscape plan on 2/28/06. Board to discuss submitted revised plan.
Date of Plan: 6/26/06
Landscape Architect: Matthew Lydon
Plan Number: C-4
Date Plan Received: 6/26/06
Mr. Gawenus noted that this project was granted Conservation Board approval in February, 2006. However, the site plan was revised during the Planning Board’s review of the proposed project. The revisions include additional vehicle stacking space and the re-location of the storm water basin. Mr. Gawenus told the Board that the presented plan is similar to the previously submitted and approved plan. He also told the Board that the appearance of the site will be softened with additional plantings. In addition, the dumpster enclosure area will have plantings around it. The revised landscape estimation cost for the project is $32,098.00.
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Mr. Gawenus told the Board that the Engineering Department has directed that the trees located in the berm area surrounding the retention pond be removed and replanted away from the maintenance area. Mr. Gawenus noted that the buffering capability of the trees will not be diminished and that the plan will be modified reflecting this change.
Mrs. Bergantz noted that the plan looks nice. She requests that the applicant submit a modified plan to the Board indicating the removal and replanting of the trees at the retention pond area as directed by the Engineering Department.
The Chairman noted that the Board does not have a quorum. He discussed having a contingency vote (via telephone) with the three (3) members present, and a fourth member, who will review the project and cast his vote. However, the applicant must submit a modified plan as soon as possible for the Board’s review. The revised plan shall also reflect the correct green space calculation of 20%.
The Chairman further noted that when the fourth vote is secured, the Board stipulates that that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $32,098.00 or a certified check for 1/2 the amount of the landscaping ($16,049.00) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is also contingent upon acceptance by the Town Engineering Department of the drainage plan.
Mr. Gawenus noted that he will submit the revised landscaping plan before June 30th. The Chairman restated that he will have a telephone poll with the members regarding the revised plan.
4. C.B. File #01-06, proposed Holly Ridge Estates, +/- 32.4 acres of vacant land, off of Silent Meadow in the Braunview Subdivision, bordered by the Barrington Heights Subdivision, Zoned R-1. Requesting Pre-Application Findings Review of a 24-lot subdivision.
Date of Plan: N/A
Landscape Architect: N/A
Plan Number: Concept Plan
Date Plan Received: N/A
Mr. Pidanick stated that they are seeking a recommendation from the Board to donate land or pay fees.
The Chairman noted that the Board previously discussed this project as an other business item. Mrs. Bergantz noted that the Board recommends a 2.7 acre land donation is preferred. The donated land will provide a connection to other properties and enable trails to be developed. She explained that the land along the creek and the portion bordering an adjacent property is desired.
The Board would like the future homeowners to be informed of the trails. The trail pathway should be wider than 20-feet and details can be worked out with
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the Planning Board. The members agree that this is an excellent opportunity to have interconnectivity in this area of the Town.
The Planning Coordinator told the Board that a Planning Board member had brought to his attention that there is an access issue involving Baker Road that must be resolved.
Mrs. Bergantz stated that the neighborhood access to the parkland needs to be specific; she would like the Planning Board to resolve the size and location.
Chairman Schechter made a MOTION, second by Mrs. Bergantz to grant conditional approval to ACCEPT a land donation; access issues (Baker Road and neighborhood) are to be worked out with the Planning Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. 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.
Date of Plan: 5/09/06
Landscape Architect: William J. Arlow II
Plan Number: N/A
Date Plan Received: 6/19/06
Mr. Borrowiak presented and explained landscaping plans for the proposed project. He told the Board that Mr. Fisher desires to relocate his bussing company to a 25 acre site on South Benzing Road. The project will encompass approximately 11 acres; have a pedestrian walk way that will tie into the office park area and garage, on the south end of the site. Plantings will be used to screening the northern neighbors along Benzing Road and on the south vacant parcel. A potential wetland area on this 25 acre site is currently being reviewed by the Army Corps of Engineers. Mr. Borrowiak noted that a mature hardwood area located near residential homes will remain undisturbed. The landscaping cost is estimated to be $31,000.00.
The Board reviewed and discussed the plan noting that it is not known if the interior green space requirement has been met. Mr. Borrowiak stated that the green space calculation has not been determined yet and that they are seeking a reduction in the requirement, due to the fact that the project is basically fleet parking. He noted that the parking is not used for customer or retail parking. Mrs. Bergantz noted that she did not feel this is relevant as the code does not have allowances written in it for specific types of parking.
The Board also discussed having island areas with trees planted. Mr. Fisher discussed the difficulty that 35 foot long busses will have negotiating islands. It was suggested by the Board that perhaps the northern parking pavement area could be broken up by having a 10 foot strip with plantings located in the middle.
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The traffic patterns and usage of the site was further discussed by the Board and they concluded that if the applicant acquired an additional strip (.5 acres) of adjacent land he could alleviate the landscaping issues the Board has discussed.
It was further established that lighting used at the site will be shut off in the evening hours. There will also be an enclosed dumpster on the site. Approximately 80 busses and 110 motor vehicles will use the facility.
Mr. Schichtel suggests the applicant use different selections that will need less room, such as ornamentals in the island areas.
The Board asks that the applicant return with a revised plan based on the comments of the Board.
OTHER BUSINESS:
1. C.B. File #13-06 Target expansion. Revised plan #LP-3D
Date of Plan: Revised 6/22/06
Landscape Architect: Anthony Paul Nester
Plan Number: #LP-3D
Date Plan Received: 6/26/06
The Chairman noted that the Board reviewed the submitted revised plan and that it contained minor modifications. He further noted that this will be the plan used for record purposes and that the previously approved landscaping value estimation will remain in effect ($37,150.00).
The Chairman made a MOTION, seconded by Mr. Newton to ACCEPT the modified plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
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.
DATED: August 1, 2006 Respectfully submitted,
REVIEWED: August 10, 2006 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman