C.B. Mtg. #5 Reg. Mtg. #5 May 2, 2006 7:00 PM Page 1
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Minutes of the May 2, 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
George Schichtel
EXCUSED: David Ward
OTHERS PRESENT:
Nan Ackerman, Councilwoman Stan Jemiolo, Councilman
Remy C. Orffeo, Planning Coordinator Gerry Buchheit
Robert Walsh. Attorney Frank Brzezinski, Landscape Architect
Kelly Pronti, Attorney Aleece, APD Engineering
Patrick Sheedy, Krog Corp Beverly Hammersmith, taxpayer
Mia Beyer, “The Southtowns Citizen” David P. Lombardi of John Meyer Consulting
Scott Freeman, Keplinger of Jim Ball, President Jim Ball GMAC
Freeman Associates Rob Pidanick, GPI
Mr. Waite and several other David Capretto
Auckland Ave. residents Tim Morgan
Ken Zollitsch. GPI Ralph Lorgio, Attorney
Victor Martucci, Marrano Homes Dean Gowen, Landscape Architect
Perri Hite, Target Stores Joseph Modafferi, Landscape Architect
Anthony Nester Sean Hopkins, Attorney
Matt Casey
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:
A MOTION was made by Mr. Jaeger, seconded by Mr. Loesch, to accept the minutes of the February 28, 2006 meeting.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #31-06, Bennett, Two-Lot Subdivision, 7.55 acres of vacant land, east of 5635 Armor Duells Road, Zoned R-2. Board to review proposed subdivision.
Beverly Hammersmith, former Town of Orchard Park Real Property Appraiser, told the Board that at the time of her employment she had documented particulars of noncompliance involving Mr. Bennett. She told the
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Board Mr. Bennett initially constructed an addition to his home without a permit and would not allow inspections to take place by the Building Inspector. He advertised the property as being for sale and sub dividable. She told the Board that Mr. Bennett must have proper inspections made by the Building Department and be brought into compliance with the code before the property can be sub dividable. She supplied the Building Inspector’s office with this documentation while employed at the Town of Orchard Park. The Chairman thanked Ms. Hammersmith for the information. The Planning Coordinator noted that the Planning file does not contain the documentation Ms. Hammersmith spoke of. He will advise the Planning Board of the information brought forth by Ms. Hammersmith.
The Chairman noted that the item before the Conservation Board is the question of having one street tree per lot.
Mrs. Bergantz made a MOTION, seconded by Mr. Schichtel, to APPROVE one street tree per lot. In addition, the Planning Board is to be notified of the information Ms. Hammersmith’s has provided to the Board.
ON THE QUESTION: Mr. Loesch verified that because there are sufficient trees at the front of the property the Board recommends that one street tree be located on each lot, based on a visual site inspection made by the Board members.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #6-04, proposed Armor Knoll Subdivision, Vacant Land, northwest corner of Armor Duells Road and Duerr Road, Zoned R-2. Requesting approval of revisions to previously approved landscaping plan.
Date of Plan: 12/30/04
Landscape Architect: Gerald T. Hood
Plan Number: Sheet 21
Date Plan Received: 4/24/06
Andrew Romanowski noted that the Board had reviewed the proposed landscaping plan in August of 2005. He explained that the plan has been revised based on the input of the Town Engineer and Board Member George Schichtel. A landscape screen has been included around the detention area and a change in a plant species has been made based on Mr. Schichtel’s recommendation. The members agreed that this is a great plan.
Mr. Schichtel made a MOTION, seconded by Mrs. Bergantz to APPROVE the landscaping plan as presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $11,200 or a certified check in the amount of $5,600 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.
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3. 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.
Date of Plan: 5/1/06
Landscape Architect: Peter Krog
Plan Number: EC-1
Date Plan Received: 5/1/06
Patrick Sheedy presented and explained the proposed landscape plan to the members for Phase I of the project which includes the construction of a 2- story 25,000 sq. ft. office building. Future expansion will be proposed to the right of the project. Approval is being sought for Phase I.
Parking and green space requirements were discussed at length with the applicant. The members noted that the plan was busy and difficult to read.
The dollar value of the landscaping estimation form should reflect Phase I only.
Mr. Loesch made a MOTION, seconded by Mr. Jaeger to TABLE the review of
this project pending the receipt of a revised landscape plan based on the
comments of the members.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #36-04, Jim Ball, Vacant Land Corner of Southwestern Blvd. and Mid County Drive, Zoned B-2. Requesting approval of a revised landscaping plan.
Date of Plan: 9/11/05
Landscape Architect: Gerald T. Hood
Plan Number: A-1.2
Date Plan Received: 4/13/06
The landscaping plan approved by the Conservation Board previously proposed the use of a fence to buffer the area residents. A revised landscaping plan is being presented by Mr. Ball for the Board’s review that was developed through on going meetings between Chairman Schechter, Town Board members Nan Ackerman and Stan Jemiolo, Jim Ball and the area neighbors. Chairman Schechter stated that a compromise has been developed that is acceptable to the Town and the neighbors. The plan was discussed at length and the following was determined:
A fence will not be installed; there are issues with the look of a fence and its longevity; the consensus is that a berm is more desirable. Mr. Ball proposes to install a berm in the 50 foot buffer area, closer to his property that will taper downward. It was established that it will be 20 feet wide at the base and 5 feet in height, with a 1 to 1-1/2 foot slope and be flat at the top.
Mr. Schichtel noted that the material used for the berm is important to the success of how the plants will grow. The trees Colorado Spruce and any other coniferous trees delineated should be planted fifteen feet apart on
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center in two staggered rows. He discussed having smaller deciduous such as Dogwood, Forsythia, Vibernum, etc., being planted (on the neighborhood side of the berm) to create a naturalized area that will eventually grow to create a thickened dense screen that will help buffer if the Colorado Spruce looses their bottom branches to a disease. He feels the use of crown vetch is an excellent idea, rather than the use of mulch.
Mr. Loesch agrees that what is used for the berm is important. He noted that the berm, with respect to drainage should be subject to approval by the Town Engineering Department. He would like to insure that the drainage does not create a problem for the neighbors. He supports Mr. Schichtel’s suggestion to have tree plants at fifteen foot centers; this will fill in quicker and he likes the idea of having a naturalizing of the under story. This will give the area a more natural look and additional screening. He believes the “grubbing” process will cause a loss of vegetation; some areas exist with thin plant material. So, anything we do to aid with screening now will help the residents. The 7’ piece on the plan marked “snow loading” should be shown as 5’. He supports Mr. Schichtel’s suggestion to have the trees planted at an 8 to 10 foot stagger at the back.
Mr. Bergantz noted that she agrees with the aforementioned suggestions. However, she would like trees and bushes added to provide additional protection in the area where the residents will not have the berm. The members discussed preserving an existing natural buffer area that exists on the southern most portion of the conservation easement abutting Southwestern Boulevard. They determined that the area must be flagged to insure that the “grub” area is left undisturbed as a natural buffer area to the residents. All existing trees and brush will remain.
Mr. Waite inquired about the conservation easement area being disturbed to construct the berm. Councilman Jemiolo explained that the Town Board will lift the restriction during the construction of the berm and reinforce the original conditions of the conservation easement upon completion of construction. He believes the Town Board favors the proposed berm and natural vegetation rather constructing a fence. It was further discussed that no construction trucks or maintenance vehicles or any activity conceivable shall be allowed to access the subject property (or Conservation Easement Area) from Auckland Avenue from now until perpetuity. They must access the subject property (or Conservation Easement Area) from Mid County Drive and Southwestern Boulevard.
Mr. Waite asked why there is a 30 foot paved area on the site plan; he questions what it will be used for. Mr. Ball stated that it was not an unloading area. It was established that this area was most likely a fire lane.
The resident closest to Southwestern Boulevard questioned who would protect the neighbors and what recourse they would have if Mr. Ball does not abide with the approved plan. The Chairman noted that a performance bond in the amount of $92,577.00 will be effect for two years. This money may be used by the Town to guarantee that the landscaping remains in good form.
Councilwoman Ackerman asked for clarification of “on center” planting of the proposed trees and the members discussed the tree plantings further. It was
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her understanding that the evergreens in each of the two rows will be planted 15 ft. on center, with the rows being approximately 8 ft. apart, in a staggered
arrangement, with an under story of Forsythia, Dogwood, Vibernum, etc. along the resident’s side of the berm for the entire length of the berm to create more density. The Spruce and ever evergreens will be planted 15 feet on center in two staggered rows with an under story along the entire length of the berm, as identified earlier, to create more density.
Along the conservation easement, directly abutting the end of north end of Auckland Avenue, the berm will be lower due to the 30 ft. width limitation of the conservation easement delineation. The same plant materials suggested for the larger conservation easement area are recommended for this area as well.
Mr. Schichtel reiterated that the berm construction is the key to the success of the buffer.
The members would like a revised landscape plan showing where the “do not disturb” area is during construction.
Councilman Jemiolo thanked the residents and the Board for their involvement and bringing this issue to a resolution.
Mr. Schechter made a MOTION, seconded by Mr. Loesch to TABLE the review of the proposed landscaping pending receipt of a revised plan based on the comments of the Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. C.B. File #24-06, Quaker Crossing, LLC, Southwest Corner of Quaker Crossing Retail Center, Zoned B-1. Town Board referred to Conservation Board on 4/19/06.
Date of Plan: 4/24/06
Landscape Architect: Frank Brzezinski
Plan Number: L-1
Date Plan Received: 4/25/06
Mr. Brzezinski presented the members with the proposed landscaping plan for the remaining out parcel of the Quaker Crossing site. He noted that Borders Bookstore will be located in the proposed larger building and that a restaurant and an undetermined tenant will also be located on the out parcel. The proposed landscaping plan is designed to keep the same concept that already exists at the plaza.
Mr. Schichtel told Mr. Buchheit that he is pleased that the existing landscaping is doing so well. It was noted that the site has an underground sprinkler system and established that the same system will be used on the out parcel.
Mr. Loesch confirmed that the entire site had received approval for the drainage plan at the time of the initial submission.
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Mrs. Bergantz discussed the number of trees being proposed and noted that she would like quantity of trees to be closer to the Town requirement. The members discussed having denser plantings made in several interior island areas. Mr. Buchheit stated that he is not averse to adding the additional trees the Board is requesting.
Mr. Jaeger made a MOTION, seconded by Mr. Schichtel, to APPROVE the presented landscape plan with the condition that the three island areas closest to the Borders Bookstore contain two (2) trees of the species identified
on the plan in each of the islands. An updated plan is to be submitted to the Planning Office that reflects this revision.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $26,390 or a certified check in the amount of $13,195 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.
6. C.B. File #27-06, Quaker Crossing, LLC, South side of Milestrip Road across from Quaker Crossing Retail Center, Zoned B-1. Town Board referred to Conservation Board on 4/19/06.
Date of Plan: 4/18/06
Landscape Architect: Doug McCord
Plan Number: C5.2
Date Plan Received: 5/2/06
Three separate landscape plans were presented to the members for a proposed “Sam’s Club” that will include a gas station and a car wash. The applicant explained that the existing power lines at the site create a unique hardship with regards to complying with the Town’s landscaping requirements. The different plans were presented in an attempt to achieve a plan that is acceptable to the Board. The Board agreed that “Alternate Landscaping Plan” #C5.2 is preferred and discussed the proposed plan with the applicant. A berm is proposed for the electrical easement area that would have lawn and shrubs planted as trees will interfere with the power lines. The over all green space area will be approximately 32%.
The members reviewed the plant selection sheet. Mr. Schichtel stated that the plan proposes varieties that are basic seedlings, such as “Zelkova serrata”. He would like varieties specified and for the applicant to have a variety that includes a male form. He noted that Shademaster is suggested, but the variety known as “Skyline” Shademaster is easier to grow in our area.
Mr. Loesch and Mrs. Bergantz discussed the landscaping that was implemented at the Ashley Furniture store located on Amelia Drive across
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from this site. Mr. Loesch noted the entranceway at that site will have plantings of ornamental grasses, Stella Doro lilies, Black-Eyed Susan and bulbs, which are a more naturalized perennial selection and will not interfere with the R.O.W. and power lines. The Board members concluded that they would like the plant material to be similar to this to tie the properties together. The proposed Target project will also be asked to keep the same look to the area.
Mr. Jaeger inquired about the proposed architecture for the building. Councilwoman Ackerman stated that discussions regarding the architecture are presently taking place. She noted that the building will be consistent with the look established at Quaker Crossing East and have brick.
The Board concluded that they require additional time to review the material that has been presented. They are satisfied with the number of trees being proposed for the project and it was suggested that the applicant’s landscape architect contact Mr. Schichtel to assist with the varieties of the planting materials. A revised landscaping plan shall be submitted based on the member’s comments and Mr. Schichtel’s input.
Mr. Jaeger made a MOTION, seconded by Mr. Loesch, to TABLE the review pending receipt of a revised landscaping plan based on the comments of the Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
7. 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.
Date of Plan: 5/06
Landscape Architect: Dean Gowen
Plan Number: N/A
Date Plan Received: 5/01/06
Mr. Martucci presented a landscape plan that is revised to conform to the Planning Board’s requests. The cul-de-sac area complies with the new cul-de-sac ordinance and the dry retention basin has screening. He
noted that they have been working with the most affected neighbor, who is present this evening, in resolving buffering issues; however, an agreement has not yet been reached.
Mr. Gowen explained the proposed tree planting selections to the Board and Mr. Schichtel asked that he contact the Highway Department to obtain a standardized selection for this quadrant of the Town. Councilwoman Ackerman noted that the Town Arborist Lynn Reynolds and Highway Superintendent Fred Piasecki should be contacted at 662-6442.
Mr. Loesch established that if wetland mitigation banking is desired by the applicant to take place upon the 45 acres land donation to the Town they must contact the Town Board. He also noted that the most affected neighbor’s concerns must be addressed.
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The proposed trails for the site were discussed and Mr. Martucci told the Board that a paved access adjacent to lot numbers 16 & 17 will be provided by the applicant to access the trails from the interior of the subdivision. Access from Baker Road will also exist. Mrs. Bergantz noted that when accessing the trails from Baker Road a parking area is to be provided. She
will confer with the Planning Board regarding the access area and their minutes.
Mr. Martucci stated that he feels he has complied with what the Planning Board directed and commented on.
Mr. Jaeger made a MOTION, seconded by Mr. Loesch, to TABLE the review of this case.
THE MOTION WAS UNANIMOUSLY APPROVED.
8. 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.
Date of Plan: 4/25/06
Landscape Architect: Joseph Paul Modaferi
Plan Number: LP-3A & B
Date Plan Received: 4/27/06
Mr. Lombardi presented and explained landscape plans LP-3A & LP-3B to the members for their review. In addition, he presented conceptual site plan #2C. Each of the plans presented will need Planning Board approval for a reduction in the number of parking spaces. He told the Board that the expansion plans for the site have been reduced from the initial submission.
The Board members noted that several projects being developed at this site are contiguous. They would like the concept of the landscaping plan for Target to be similar so it can blend the area. The Planning Office will provide Mr. Lombardi with the Ashley Furniture Store landscaping plant selection that includes ornamental grasses, Stella Doro lilies, Black-Eyed Susan and bulbs.
Mr. Jaeger noted that he does not feel it is safe for the employees to park at the rear of the building. As an advisory Board, he feels they must suggest that the rear parking be eliminated. He feels that the reduction in the size of the expansion should be taken into consideration and that the parking requirement be amended for the project.
Mr. Schichtel established that the island areas will have sprinkler systems installed. He discussed the method of transplanting existing trees at the site and further noted that he would like the applicant to not use Kwanzan Cherry trees which tend to look very pretty, but have a short longevity. He suggests the use of Flowering Crab.
Mr. Loesch supports having a reduction in the parking spaces for the site and having the landscaping reflect the theme of Amelia Drive.
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Mrs. Bergantz noted that she is unhappy with the proposed tree removal at the front of the store. The façade of the building needs to be discussed during the Planning Board review.
Mr. Newton noted that the likes the conceptual plan.
Chairman Schechter made a MOTION, seconded by Mr. Jaeger to TABLE the review of the project pending receipt of a revised plan based on the comment of the Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
1. Milton Bradshaw, Town Assessor - Conservation Easement discussion with members.
Assessor Bradshaw will be rescheduled to a future meeting.
2. Concept review of C.B. File #23-06, CVS, former Burger King at Michael & Union Roads, Zoned B-2. Town Board referred to Conservation Board on 4/19/06.
Mr. Hopkins presented a concept plan to construct a single story 11,945 square foot building upon the site of the former Burger King. He asked the Board for their suggestions and he will return with a detailed landscaping plan based on the input received from the Board and several residents that were present.
3. Concept review of C.B. File #1-06, Holly Ridge Estates, proposed subdivision, vacant land off of Silent Meadow in the Braunview Subdivision, bordered by the Barrington Heights Subdivision.
Mr. Pidanick told the Board that the proposed subdivision will be developed in one stage and be located on a 32.4+/- acre parcel located north of the Braunview subdivision. The zoning classification is R-1. It will be accessed using the existing Holly Ridge Lane and have two cul-de-sacs designed within it. All public utilities will be available. The number of lots being proposed is 24. It was learned that a portion of the property (6.9 acres) is privately owned by an archeological conservancy where Indian artifacts have been found. The applicant is contracting to buy this property and it can never be developed.
Mrs. Bergantz discussed trails connecting to the site. She would like an area set aside to develop a pedestrian walkway. The Trails Group reviewed this project and recommends that the Town asks for a land donation in lieu of fees. The members discussed the issue of having land donated versus fees.
Mr. Loesch established that there are no State wetlands on the parcel; however, there are small isolated Federal wetlands and the applicant is awaiting a response from the Army Corps of Engineers regarding these. It
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was also established that the Planning Board recommends soil testing be performed.
With no other business to be presented to the Board at this time, the meeting was adjourned at 10:09 p.m. by UNANIMOUS APPROVAL.
DATED: May 26, 2006 Respectfully submitted,
REVIEWED: May 30, 2006 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman