Minutes of the December 4, 2007 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Basement Lunch 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
Frank Newton
George Schichtel
EXCUSED: James Loesch
David Ward
OTHERS PRESENT: Councilwoman Nan Ackerman
Remy C. Orffeo, Planning Coordinator
Rose Seivert, Conservation Board Secretary _________________________________________________________________________________________
The Chairman called the meeting to order at 7:00 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.
The Chairman stated that the meeting minutes from the November 6, 2007 meeting were not available; they will be voted on at the January 2008 meeting.
NEW BUSINESS
1. C.B. File #54-07, The Hammocks at Orchard Park, Phase 2, located on the east side of Orchard Park Road, Zoned R-3. The Conservation Board approved the landscaping plan on 8/4/03. Applicant is requesting that the Board review a modified landscaping plan involving Buildings 320 & 340.
APPEARANCE: No representative was present
The Board reviewed the plan and found it to be acceptable; however, the stamp used on the plan was incorrect. The applicant will be advised to use the correct stamp on the landscaping plan.
Mr. Jaeger made a MOTION, seconded by Mrs. Bergantz to ACCEPT the modified plan as presented, subject to the plan being stamped with the correct stamp by the applicant.
MOTION PASSED BY UNANIMOUS APPROVAL.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $17,620.00, or a certified check for one-half of this amount ($8,810.00) 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
OLD BUSINESS
2. C.B. File#09-07, Wal-Mart Superstore, Vacant Land south side of Milestrip Road, Zoned B-1. Requesting a Building Permit to develop a 134,088-sq. ft. +/- store with retail/grocery departments, pharmacy and a partially enclosed garden center. The Conservation Board approved the landscaping plan on 5/1/07. Applicant is requesting that the Board review and approve a revised landscaping plan. Tabled by the Board at the November, 2007 meeting.
APPEARANCE: Elisa Tsang, APD Engineering
Mark Romanowski, Attorney
Ms. Tsang presented and explained a revised landscaping plan. She told the Board that the revisions made to the plan were based on the Board’s comments from a previous meeting.
The members discussed the brick to be used on the proposed retaining wall. Mr. Jaeger suggests brick used that will be a contrast with the building façade brick; he would like the applicants to provide a photo and a sample of the brick to be used on the retaining wall. The Board members asked Ms. Tsang to provide this and/or to send an e-mail showing a color photo of the brick for the Planning Board’s review.
The Board asked Wal-Mart to consider installing an irrigation system at the site; however, the applicants told the Board that Wal-Mart has decided to enter into an agreement with a landscaping firm for maintenance of the plantings. Councilwoman Ackerman noted that she would like to review this agreement and the Board requests that a copy of this agreement be provided to the Town Board and the Planning Board.
Mrs. Bergantz noted that two aisle areas previously had indicated trees were planted in them; it no longer is shown on the plan. Mr. Romanowski told the Board that the trees were removed due to visibility concerns for patrons of the site. Mrs. Bergantz stated that she feels that if trees were planted you would know the island areas exist.
Mr. Schichtel would like the plan to indicate that in the island areas the first branches of such trees should be at least five-feet high.
Mr. Newton stated that he feels the plan is fine; however, he is not happy that Wal-Mart has chosen to not install an irrigation system as the store sells the equipment to create the irrigation system. He feels that a sizable amount of money is being spent on the plantings and they will not be protected.
Mr. Schichtel stated that he feels the furnishing of a maintenance bond should insure proper maintenance of this site.
The Planning Coordinator reported that three letters had been received regarding the SEQR for this proposal (each was published in local newspapers); however each letter was received/published after the Planning Office had received a new SEQR for this project. Anyone interested in reviewing the new submission may call the Planning Office and make an appointment.
Mr. Jaeger made a MOTION, seconded by Mr. Schichtel, to ACCEPT the plan as presented; the applicant is to submit a copy of the maintenance agreement contract to the Town Board and the Planning Board.
MOTION PASSED BY UNANIMOUS APPROVAL.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $145,980.40, or a certified check for one-half of this amount ($72,990.20) 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.
Mrs. Bergantz discussed contacting the Town Attorney to discuss the length of a performance bond. Mrs. Ackerman noted that she will seek Mr. Berkowitz’s advice regarding a perpetual performance bond.
With no other business to be presented to the Board at this time, the meeting was adjourned at 7:20 P.M. by UNANIMOUS APPROVAL.
DATED: December 26, 2007 Respectfully submitted,
REVIEWED: December 27, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman