C.B. Mtg. #4 Reg. Mtg. #4 April 3, 2007 7:00 PM Page 1
|
|
|
|
|
|
Minutes
of the April 3, 2007 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD
PARK,
MEMBERS PRESENT: Richard Schechter, Chairman
James Loesch
Ann Bergantz
George Schichtel
Frank Newton
EXCUSED: Thomas Jaeger
David Ward
OTHERS PRESENT:
Bryan Young, Young Development
John Schenne, Schenne & Associates
Nicholas J. Taneff, resident
Gerry Buchheit, Developer
Kelly Pronti, Harter Secrest Emery, LLP
Elisa Tsang, APD Engineering
Scott Hagaoorn, Bergmann Associates
Frank Brzezinski, Registered Landscape Architect
The Chairman called the meeting to order at 7:05 p.m. by stating that in accordance with the provisions of the Ethics Law of the Town of Orchard Park it is incumbent upon any Conservation Board member with a financial or business relationship with any petitioner coming before this Board to disclose this relationship and, if warranted, to recuse him or herself from any matter involving the petitioner. Any petitioner coming before this Board who is a relative of, or 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.
APPROVAL OF MINUTES:
MOTION made by Jim Loesch, seconded by George Schichtel, to accept the minutes of the February 13, 2007 and March 6, 2007 meetings.
MOTION UNANIMOUSLY APPROVED.
Board member George Schichtel recused himself from items 1, 2 and 3.
NEW BUSINESS
1. C.B. File #68-06, proposed Young Development/Hilltowne Park Phase II Subdivision, +/- 15.4 acres vacant land east side of Murphy Road, Zoned R-2. Requesting Pre-Application Findings review of an 11-lot Subdivision.
APPEARANCE: Bryan Young, Young Development
C.B. Mtg. #4 Reg. Mtg. #4 April 3, 2007 7:00 PM Page 2
Mr. Young explained and presented the proposed plans for an 11-lot subdivision
that is an extension of the existing Hilltowne Phase
I. Mr. Young told the members that the proposal incorporates comments
from Town Engineer Wayne Bieler. He told the members
that he owns and plans to develop a portion of the adjacent
Mrs. Bergantz discussed having a pathway at the back of the property along the
creek bed. She noted that
Mrs. Bergantz made a MOTION, seconded by Chairman Schechter to ACCEPT the plan with the applicant agreeing to the addition of a 50-ft. conservation easement area along the creek bed, at the western side of the property.
MOTION UNANIMOUSLY APPROVED.
Planning Coordinator Remy Orffeo requests that prior to Planning Board review, Mr. Young delineate the pathway on site plan. Mr. Young stated that he will do so.
2. C.B. File #13-07, 100 Hammocks Drive, “The Hammocks” east side of Orchard Park Road, south of Southwestern Blvd., Zoned R-3 Special Exception Use. Board approved plan on 8/4/03, C.B. File #20-00. Requesting review and approval of a revised site plan.
APPEARANCE: Mr. Bryan Young, Young Development
Mr. Young explained and presented a revised plan to the Board. He noted that the plan has been revised to address his tenant’s desires for an attached garage. Mrs. Bergantz established that there will be less plant material at the site due to the revisions; however, Mr. Young told the Board that the bond amount that he established with the Town is greater than the amount in the modified plan. The revised Landscape estimation form amount is $8,795.00. The Board concluded that the initial approved bond amount will remain as is.
The Chairman made a MOTION, seconded by Mrs. Bergantz to ACCEPT the revised landscaping plan. The initial bond amount is to remain in effect.
3. C.B. File #04-07, Bryan Young, Seasonal Landscaping & Nursery, Inc., 2240 Southwestern Blvd, Zoned B-2. Requesting a Building Permit to construct a 1,500 sq. ft. addition on the west and a 1,400 sq. ft. addition on the east of the existing building; parking and green space areas will be increased at the site. Town Board referred to the Conservation Board on 2/7/07.
APPEARANCE: Mr. Bryan Young, Young Development
C.B. Mtg. #4 Reg. Mtg. #4 April 3, 2007 7:00 PM Page 3
Mr. Young explained and presented his proposed plan for the members to review, noting that the building and the number of parking spaces will be increased at the site. Mrs. Bergantz questions if the 10% interior green space requirement has been met; she would like this calculated and identified on the plan. In addition, Mr. Young will contact the Building Inspector and verify if a variance must be sought for a parking space located partially in the front of the site.
The members expressed positive comments regarding the proposed plan.
Mrs. Bergantz made a MOTION, seconded by Chairman Schechter, to CONDITIONALLY APPROVE the presented plan pending the applicant’s re-submittal of a plan specifically identifying and highlighting the interior green space area and verifying that the 10% requirement has been met.
MOTION UNANIMOUSLY APPROVED.
4. C.B. File#09-07,
Wal-Mart Superstore, vacant land south side of
APPEARANCE: Mr. Gerry Buchheit, Developer
Kelly Pronti, Harter Secrest Emery, LLP
Elisa Tsang, APD Engineering
Scott Hagaoorn, Bergmann Associates
Ms. Tsang noted that she had previously presented plans to the Board for a proposed “Sam’s Club”; however, the plan was revised to construct a “Super Wal-Mart”. She explained the proposed plan to the Board, noting that the plant material remains the same and that comments from the Engineering Department were taken into consideration. She noted that trees were removed from the utility easement area.
The Board discussed the following:
• Control pedestrian traffic with the island areas.
• Have a pedestrian walkway, i.e. Panera’s in the
• All revisions should be “color-highlighted” with a narrative.
• The Board prefers “Red Sunset” species; as the variety indicated on the plan does not survive well in our area.
• The Planning Coordinator told the Board that the revised plan was received today and that the Engineering Department had not had a chance to review the plan. He also noted that there have been discussions between the Town Engineering Department and NYSEG regarding the proposed landscaping
C.B. Mtg. #4 Reg. Mtg. #4 April 3, 2007 7:00 PM Page 4
(trees) to be located in the R.O.W. He suggests that the applicants contact Ms. Rachel Buchhan of NYSEG and discuss their recommended plant list.
• Mr. Schichtel discussed maintenance of the site.
Councilwoman Ackerman noted that she had met with Bergman & Associates and
discussed maintenance issues for the proposed Super Wal-Mart. She
suggested they visit the nearby Wal-Mart site located on Route 20A in the Town
of
The Planning Coordinator noted that the Building Inspector is seeking a legal opinion (from the Town Attorney Leonard Berkowitz or Deputy Town Attorney Michael Wolf) to advise if this project meets the definition of a “plaza”, as described in the Town Code.
The Chairman tabled the review of the proposal pending the receipt of a revised plan based on the Board’s comments.
5. C.B. File
#14-07, Quaker Crossing East, bordered by
APPEARANCE: Mr. Gerry Buchheit, Developer
Frank Brzezinski, Registered Landscape Architect
The Chairman recused himself from this case.
Mr. Brzezinski explained the revised site plan to the Board.
The members discussed the selection of plantings for the site, noting that all four sides of the building will be viewed. They request that the applicant use a taller plant material (growth that will be higher than 5-feet).
The Planning Coordinator discussed a discrepancy in the letter of intent and the presented site plan with regard to the size of the building being proposed. Mr. Buchheit verified that the site plan indicates the correct size of the proposed building, which is 11,440 sq. ft. The letter of intent incorrectly states the building will be 10,000 +/- sq. ft. The Chairman asked that the applicant initial the plan to verify that 11,440 sq. ft. is the correct size of the proposed building.
Mr. Orffeo also discussed the utility R.O.W. with Mr. Buchheit. Mr. Buchheit told the Board that NYSEG does not own the property; they have an easement to the property and that he is currently discussing the project with Rachel Buchhan of NYSEG.
C.B. Mtg. #4 Reg. Mtg. #4 April 3, 2007 7:00 PM Page 5
Mr. Orffeo discussed the size of the new building and established that the number of parking spaces at the site remains code compliant.
Mr. Loesch made a MOTION, seconded by Mr. Schichtel to ACCEPT the revised plan as presented. The landscape estimation form received on 4/2/07 indicates the value of the landscaping is $116,989.00.
MOTION UNANIMOUSLY APPROVED.
OLD BUSINESS:
Mr. Loesch discussed Mr. Stadelmaier’s request voiced at the February 13, 2007 Conservation Board meeting regarding the protection of the water shed/stream corridors. Mr. Loesch concluded his discussion stating that he feels the Board should not take a position in this matter at this time.
Councilwoman Ackerman asked Mr. Loesch to provide comments in written form to assist the Town Board with the Comprehensive Plan.
OTHER BUSINESS:
Board discussed Conservation Easement issues.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:12 P.M. by UNANIMOUS APPROVAL.
DATED: April 30, 2007 Respectfully submitted,
REVIEWED: May 8, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman