C.B. Mtg. #4            Reg. Mtg. #4             April 4, 2006             7:00 PM           Page 1

 

 

 


Minutes of the April 4, 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

                                                      Thomas Jaeger

James Loesch                                         Frank Newton

 

              EXCUSED:                      George Schichtel

                                       David Ward

                                               

OTHERS PRESENT:        Nan Ackerman, Councilwoman

                                      Remy C. Orffeo, Planning Coordinator

                                      Kyle Gray, Bergmann Associates

                                      Chris Centoya, Bergmann Associates

                                      Ray Stapell, Attorney - Fox Run

                                      William Essick, New Life Management

                                      Thomas Reinagel, United Church Home Society

                                                     David P. Lombardi, John Meyer Consulting

Gregory Schneider, Aurora Architectural–Polymer Conversions  Jack Bertsch, Polymer Conversions

David Janiszewski, Young Development

Craig Richardson, CK & Associates – Curbell

Mark Shriner, Curbell

Scott Freeman, Keplinger, Freeman Associates

Bob Garner, Walton Architectural Group

                                                     Paul Battaglia, Hamilton/Houston/Lownie Architects

Mia Beyer, “The Southtowns Citizen”

 

                                                    

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 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:

 

Mr. Newton stated that on page two, C.B. File #2-06, Tim Horton’s, the February 28, 2006 minutes the word “deciduous” should be deleted so that the sentence reads, “Large evergreen trees will be used …..”

 

The members voted unanimously to approve the minutes as corrected.

 

 

 

          C.B. Mtg. #4            Reg. Mtg. #4             April 4, 2006             7:00 PM           Page 2

 

1.            C.B. File #17-06, Fox Run at Orchard Park, Vacant Land Big Tree & California Road, Zoned B-2.  Board to review revised plan.

 
Date of Plan:                  3/27/06          

Landscape Architect:               Christopher Alan Centola

Plan Number:                  C-9   

Date Plan Received:       3/28/06        

             

          Mr. Newton recused himself from voting in this case.

 

Mr. Stapell explained several revisions made to the previously approved project. After discussing the revised plan, the members determined that they were comfortable granting conditional approval of the changes pending the applicant providing an overlay for their review indicating the changes that were made from the previous approved plan.  The Chairman will have a telephone conference with the Board and a poll will take place based on their review of this information. Mr. Stapell discussed the revised landscape estimation, which was lower than the original approved submission.  He told the Board that the original submission was over estimated. However, the applicant will abide with the original submission for the bond.

 

Chairman Schechter made a MOTION, seconded by Mr. Jaeger 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 three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($432,840.00) or a certified check in the amount of ($216,420.00) 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 Board Member review of an overlay, to be provided by the applicant that will delineate what was previously approved and what is proposed now. 

 

THE MOTION WAS UNANIMOUSLY APPROVED, with Mr. Newton abstaining.

 

2.     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.

 

Date of Plan:                           3/22/06

Landscape Architect:                        Dean Gowen

Plan Number:                           L1

Date Plan Received:                3/29/06

 

Mr. Battaglia presented a revised landscaping plan based on the input of the Board from the February 28, 2006 meeting.  A detention basin shown on the plan will be tied into the engineering of the adjoining property for the project known as “Historic Square Agency”.  It was also established that the residence on the site will be demolished.  The members complimented the project.

 

Mr. Jaeger made a MOTION, seconded by Mr. Loesch, 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-

 

 

      

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

 

year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($28,030.00) or a certified check in the amount of ($14,015.00) 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 #20-00, The Hammocks at Orchard Park, 100 Hammocks Drive, Orchard Park Road, Zoned R-3.  Board to review trails and revised plan.

 
Date of Plan:                  10/30/03          

Landscape Architect:               Gerald T. Hood

Plan Number:                  2006-39     

Date Plan Received:       3/30/06         

 

          The Chairman noted the project was originally to be completed in two phases; however, Phase 2 is now Phase “2A”, “2B” and “2C”. During the approval of Phase I a condition was made that the approval was contingent on the applicant designing and putting in trails for the entire project. Mr. Janiszewski told the members that the trails have been put in.  However, Mrs. Bergantz, who is also the Chairwoman of the Trails Committee and Planning Coordinator Remy Orffeo, performed an onsite inspection of the site and they did not observe any cleared area or chips for the trails. Mrs. Bergantz suggests that the trail area be identified and made wide enough to be easily recognized. She suggests the use of spray paint, flags and/or markers every 25 feet and to have the trail 8 to 10 feet wide.  She also suggested the use of gravel and the installation of culvert pipes for drainage. She noted that the Engineering Department could send someone from that department to assist him. It was noted that the applicant is to develop the trails, but that the Town will maintain them.

 

          Mrs. Bergantz made a MOTION to TABLE the review of this case, seconded by Chairman Schechter, pending the applicant being able to clear and mark the trail area. Mrs. Bergantz and Mr. Orffeo will return to perform the onsite inspection after this has been done.

 

     THE MOTION TO TABLE IS UNANIMOUSLY APPROVED.

 

4. C.B. File #13-06, Target, 5622 Amanda Drive, Zoned B-1. Review of proposed   expansion.  Town Board referred to Conservation Board on 3/1/06.     

 
Date of Plan:                3/27/06

Landscape Architect:    Joseph Paul Modaferi       

Plan Number:               LP-3              

Date Plan Received:          3/29/06

 

Mr. Lombardi presented and explained a proposal to expand the existing Target store in order to gain additional warehouse space. In addition, he told the Board that the building facade would be changed. The members were quite disturbed with the proposal as it requests excessive reductions be allowed to the Town landscaping requirements.

 

 

 

 

 

 

C.B. Mtg. #4     Reg. Mtg. #4          April 4, 2006            7:00 PM           Page 4

 

Councilwoman Ackerman informed Mr. Lombardi that his proposal was not acceptable and she could not understand why Target would suggest altering the building facade. Mr. Lombardi provided Councilwoman Ackerman with a contact person’s phone number at Target to speak to regarding the proposal, Ms. Perri-Hiate.

 

The Chairman and the Board concluded that Mr. Lombardi will need to return with an alternative proposal. All agree the presented plan is unacceptable.

 

The Chairman made a MOTION to TABLE the review of this case, seconded by Mr. Loesch, pending receipt of a revised plan.

 

THE MOTION TO TABLE IS UNANIMOUSLY APPROVED.

 

5. C.B. File #12-06, Curbell, 20 Centre Drive, Zoned I-1.  Review of proposed parking   expansion.  Town Board referred to Conservation Board on 3/1/06.

 
Date of Plan:                  4/3/06          

Landscape Architect:               Craig A. Richardson

Plan Number:                  L-1    

Date Plan Received:              4/3/06

 

     Mr. Richardson presented a landscape plan for the Board to review and explained the project.  He told the Board that the applicant needs additional parking and would like to improve a truck turn-around area, present parking area and the dumpster area. Six (6) existing trees will be removed; however, eight (8) additional trees will be planted; four (4) deciduous and four (4) evergreen.  The island areas will have lawn and no other landscaping planted. 

 

Mr. Loesch made a MOTION, seconded by Mr. Jaeger, 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 ($3,052.00) or a certified check in the amount of ($1,526.00) 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.

 

6.  C.B. File #15-06, Polymer Conversions, 5758 Big Tree Road, Zoned R-3. Review of proposed expansion. Town Board referred to Conservation Board on 3/1/06.

 
Date of Plan:                  3/31/06

Landscape Architect:               Frank T. Brzezinski          

Plan Number:                  L-1    

Date Plan Received:              4/03/06

 

Mr. Schneider presented and explained the landscaping plan for the proposed project to the Board. The natural woods will be maintained. A buffer will be established along the west property line.  The Chairman confirmed that six (6) deciduous trees and twenty-seven (27) shrubs will be planted. The Board members noted that the proposed plan is acceptable.

          C.B. Mtg. #4            Reg. Mtg. #4           April 4, 2006         7:00 PM           Page 5

 

Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, 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 ($4,265.00) or a certified check in the amount of ($2,132.50) 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.

 

7.  C.B. File #5-06, Sachel Development, S.E. Corner of Abbott & Milestrip Roads, Zoned B-2.  Town Board referred to Conservation Board on 2/15/06.  Propose to construct a 10,275 sq. ft. retail building.

     

                Date of Plan:                12/31/05         

Landscape Architect:   Scott Freeman       

Plan Number:               L4.00            

Date Plan Received:         4/17/06

 

Chairman Richard Schechter recused himself from voting in this case.

 

Mr. Freeman presented and explained the landscaping plan to the members for the proposed project.  He told the Board that the project will have 56 parking spaces with three located at the front setback.  Fifty-nine spaces are required by the ordinance. The Planning Coordinator noted that the project is scheduled to appear before the Zoning Board of Appeals on April 18, 2006 to request that 3 front yard parking spaces be allowed.

 

The members discussed the green space requirements and asked the applicant to provide a plan clearly indicating the parking island green space square footage.

 

Mrs. Bergantz noted that she feels the island areas are large and she would like trees planted in the island area. The members concluded that 3 trees could be planted on Milestrip Road, spaced apart as to not block the front of the building. A compromise was reach and a total 9 trees will be planted.  Councilwoman Ackerman asks that engineered soil be used in the tree areas.   

 

Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, to APPROVE the landscape plan with the discussed changes as follows; there will be three trees planted in islands #1 and #5; two trees planted in island #4 and one tree added to the Smokes Creek detention basin slope area, making three trees at the slope. The applicant shall resubmit the plan and indicate the parking island green space square footage. 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 ($32,460.00) or a certified check in the amount of ($16,230.00) 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, with Mr. Schechter abstaining.

 

 

 

 

          C.B. Mtg. #4            Reg. Mtg. #4           April 4, 2006         7:00 PM           Page 6

 

OTHER BUSINESS:

 

1.  Proposed cut-off dates. 

 

The members agreed that cut-off dates are necessary; this will allow the

Board the time to review a project and the secretary to prepare and

mail the agenda.

 

 

              Mrs. Bergantz noted that the work session prior to the meeting is not long

              enough to review agenda items that are lengthy.  She would like to meet earlier

              when the agenda is longer. 

 

2. Board Member George Schichtel to discuss the landscaping value estimation   submitted for the Benderson plaza project, North Buffalo Road, C.B. File #37-05.

 

                 The members noted that the submitted landscaping value estimation for the Benderson project was acceptable. Mr. Schichtel will be contacted to verify his opinion on the submitted estimation.

 

          ______________________________________________________________________________________

          Additional comments:

 

Councilwoman Ackerman thanked Mr. Bergantz for her assistance in helping with the Commercial/Industrial Building Project Site Plan Application.  She briefly discussed the contents of the packet and noted that the efforts made by all who participated will enable the submissions to the Town to be better.  She also noted that a meeting with residents and Jim Ball had recently taken place. Mr. Ball will submit a plan for the Board to review shortly.

 

Councilwoman Ackerman discussed a life size statue that may be commissioned for the McFarland green area and presented several photos of works done by an artist being considered.

 

Mr. Jaeger discussed the graffiti at the concrete abutment near the WNY Railroad Society and Orchard Park Library area.

 

With no other business to be presented to the Board at this time, the meeting was adjourned at 8:58 p.m. by UNANIMOUS APPROVAL.

 

 

                                                                           Respectfully submitted,

                                                                           Rosemary M. Seivert

                                                                          Conservation Board Secretary

 

 

 

                                                                           Richard Schechter

                                                                                           Conservation Board Chairman