C.B. Mtg. #2 Reg. Mtg. #2 February 13, 2007 7:00 PM Page 1
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Minutes of the February 13, 2007 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Basement Meeting Room 4295 South Buffalo Street, Orchard Park, New York at 7:00 PM. Present were the following:
MEMBERS PRESENT: James Loesch, Acting Chairman
Ann Bergantz
Thomas Jaeger
Frank Newton
David Ward
EXCUSED: Richard Schechter, Chairman
George Schichtel
OTHERS PRESENT: Mark Dietrick, Councilman
Jim Fittante, Delta Sonic Car Wash
Don Stauffer, representing Jim Ball
Raymond Waite, resident of Auckland Avenue
_____________________________________________________________________________________________________
The Acting Chairman called the meeting to order at 7:00 p.m. by stating that in accordance to 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: The meeting minutes from the November 7, 2006 meeting and the January 2, 2007 meeting will be voted on at the March meeting.
OLD BUSINESS
1. C.B. File #36-06, Fisher Bus, Vacant Land South Benzing Road, Zoned I-1. Approval of resubmitted plan.
Date of Plan: N/A
Landscape Architect: William Arlow III
Plan Number: N/A
Date Plan Received: N/A
The Acting Chairman stated that the Planning Coordinator advised the Board that unstamped copies labeled “not for construction” and “preliminary” were all that the Planning Department has received from the applicant’s representative. The Board tabled this case pending receipt of a resubmitted plan.
2. C.B. File #52-06, Enidine Corporation, 7 Centre Drive, Zoned I-1. Approval of resubmitted plan.
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The Acting Chairman stated that the petitioner requested to be removed from the agenda and will reschedule at a later time.
3. C.B. File #28-06, McDonald USA, LLC, 3232 Orchard Park Road, NYS Routes 240 & 277, Zoned B2. Review of resubmitted landscaping plan.
Date of Plan: 1/25/07
Landscape Architect: Heinrich W. Fischer
Plan Number: C-4
Date Plan Received: 1/30/07
The Acting Chairman stated that during the Planning Board’s review of the proposed project the site plan was changed by eliminating the outdoor seating area. The applicant requests that the Board review and approve a revised landscaping plan, proposing a planter box located on the Orchard Park Road side of the site and an increase in the green space area. The landscape value estimate form has been revised from $36,436.00 to $36,462.00.
A MOTION was made by Mr. Ward, seconded by Mr. Jaeger to ACCEPT the revised plan dated 1/25/07.
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. Approval of resubmitted plan.
Date of Plan: Revised 9/11/05
Landscape Architect: Gerald T. Hood
Plan Number: 24017
Date Plan Received: 1/25/07
APPEARANCE: Mr. Don Stauffer
The Board reviewed the revised plan and it was determined that the spacing of the trees is not correct. The plan indicates two rows of trees, staggered, 30-feet on-center; however, the Board requested, and Mr. Ball agreed, to plant the trees in two rows, staggered. The trees in each row to be 15-feet on-center. In addition, the Board noted that the 50-foot buffer area is not represented correctly on the plan. The buffer area is shown to be 45-feet, rather than 50-feet, as mandated by the Town Board. It was further noted that Mr. Ball agreed that the buffer area is to remain undisturbed during construction of the site.
The members discussed the construction of the berm and told Mr. Stauffer that they would like the details of the berm’s construction shown on the plan.
Acting Chairman Loesch reiterated the Board’s previous concerns regarding the construction of the berm, non-disturbance to the buffer area and the drainage plan. It was noted that the Town Engineering Department will address the drainage plan.
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A MOTION was made by Acting Chairman Jim Loesch, seconded by Mrs. Bergantz to TABLE this case pending the receipt of a revised plan and landscape estimation form. The revised plan must show the trees planted in two rows staggered. The trees in each row shall be 15-feet on-center, have the construction of the berm detailed on the plan and show the buffer area at 50-feet wide.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. C.B. File #34-06, Jim Ball, 3443 Southwestern Blvd. Zoned B2. Approval of resubmitted plan.
Date of Plan: Revised 8/1/01
Landscape Architect: Gerald T. Hood
Plan Number: A-1
Date Plan Received: 1/25/07
APPEARANCE: Mr. Don Stauffer
The Board previously reviewed Mr. Ball’s request under “concept review” on 9/5/06. The member’s reviewed the presented landscaping plan and determined the following; the request to modify the buffer area was previously discussed by the Board and it was to extend clearing of the site adjacent to the drive entrance only 50 feet, not 200-feet as shown on the presented landscaping plan. Also, an on site inspection performed by Board members indicates that the applicant may want to enlarge the dumpster’s capacity to meet the business’ needs. In addition, the Board feels the dumpster area is unsightly; they would like the applicant to use screening and clean-up the area. The Board told Mr. Stauffer to contact the Town Arborist, Lynn Reynolds, to determine what trees will remain at the site. In addition, the Board suggests the use of clustered plantings to accomplish the security issues raised during the concept review by Mr. Ball.
A MOTION was made by the Acting Chairman, seconded by Mr. Ward to TABLE the review of this case, pending the receipt of a revised plan showing the dumpster screening with plant material, showing a map with a 50-foot setback from the driveway entrance and meet with Mr. Reynolds to discuss what plant material will remain on the site and what additional plant material may be required.
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS
1. Conservation Easement request for Ms. Susan J. Greenwood, 5595 Armor Duells Road. Requesting a 75-year easement for 9 acres; would like to revise request to perpetual.
The members agreed that this is a favorable request.
The Acting Chairman made a MOTION, seconded by Mrs. Bergantz to ACCEPT the revised term length of the Conservation Easement (from 75-years to perpetuity). It is noted that the Town Board approved the revised request
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on February 7, 2007, during the public hearing meeting.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #58-06, Delta Sonic Car Wash, 3205 Orchard Park Road and 3225 Orchard Park Road (the Mobile Station), Zoned B-2. Requesting a Building Permit and Site Plan approval to construct an upscale Delta Sonic facility by combining the two properties. Town Board referred to Conservation Board on 11/15/06.
Date of Plan: 1/17/07
Landscape Architect: Robert J. Trybulski
Plan Number: DS1818
Date Plan Received: 1/18/07
APPEARANCE: Mr. Jim Fittante, representing Benderson Development
Mr. Fittante presented and explained the revised landscaping plan to the members. The members reviewed the plant material being proposed. It was noted that with the combining of the two properties the number of driveways will be reduced to a total of two at the site.
A MOTION was made by Mrs. Bergantz, seconded by Mr. Newton to APPROVE the plan dated 1/17/07.
The Acting Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $23,000.00 or a certified check in the amount of $11,500.00 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.
THE MOTION WAS UNANIMOUSLY APPROVED.
3. C.B. File 38-06, Marco’s Deli/Carmen Clark, 3043 Abbott Road, east side of Abbott Road, Zoned B-2. Requesting a Change In Use to convert a commercial property Into an Italian Deli. Town Board referred to Conservation Board on 6/07/06. Board to review proposed landscaping plan.
Date of Plan: 11/15/06
Landscape Architect: Dean W. Gowen
Plan Number: C-4.0
Date Plan Received: 2/13/07
APPEARANCE: Mr. Dean Gowen, LS
Mr. Gowen presented and explained the proposed landscaping plan to the members. He told the Board that evergreens and shrubs will be planted at key locations to screen the adjacent apartment complex and residential homes from the site. In addition, clustered planting material such as River Birch,
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Lilacs; foundation plantings will be used to “dress-up” the building and a porch will be constructed at the front.
Mrs. Bergantz discussed the fact that the plan indicates one tree will be planted in the interior island area; she feels the island is long and she would like two Skyline Locust trees planted in the island area. The petitioner agreed. She also discussed the proposed screening, noting that consideration must be given to the adjacent residents when plantings are being put in.
Mr. Jaeger noted that the dumpster location is not noted on the plan presented.
A MOTION was made by Mr. Jaeger, seconded by Mrs. Bergantz to APPROVE the plan presented.
The Acting Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $12,470.00 or a certified check in the amount of $6,235.00 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.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #67-06, Eckerd Pharmacy, Latina’s Plaza. West side of North Buffalo Road, Zoned B-1. Town Board referred to Conservation Board on 12/6/06. Applicant is proposing a drive-thru area for prescriptions and would like to upgrade landscaping at the site.
Date of Plan: 1/26/07
Landscape Architect: Robert J. Trybulski
Plan Number: N/A, noted as a conceptual plan
Date Plan Received: 1/29/07
APPEARANCE: Mr. Jim Fittante, representing Benderson Development
Mr. Fittante told the Board that the existing Eckerd Pharmacy is seeking to construct a drive-thru area. He presented and explained the proposed landscaping plan designed to upgrade the plaza. The Board discussed the plan and determined that the three (3) interior island areas shown with one tree planted is not adequate given the size of the island; the Board requests that two trees be planted in each island. Mr. Ward suggests not using Ash tree varieties because of insect problems; he feels Red Maple is a better selection for the site.
Mr. Jaeger complimented Benderson Development on their proposal for the site and the new facade. He noted that although the applicant meets the Town requirements, he feels the landscaping falls a little “short” when compared to the two nearby completed Benderson projects. He discussed including additional island areas on the site, subject to the Town parking requirements.
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Noting that the entranceway into the plaza is awkward, the members discussed ways to improve the traffic flow. It was further noted that an additional parking space could be achieved by redesigning the proposed triangular shaped island. The members told the applicant that they believe the marketability of the site would improve if its appearance were softened by reconfiguring the plaza parking lot. The use of a significant architectural element at the plaza entranceway was suggested.
A MOTION was made by Mr. Jaeger, seconded by Mrs. Bergantz to APPROVE the landscaping plan, noting that the applicant is to increase the number of trees to a total of two in each island area and change the species to Red Maple. The Board asks that the applicant give consideration to re-working the proposed landscaping plan as discussed.
The Acting Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost (which is to be revised and provided to the Planning Office) or a certified check for ½ of this amount 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. It was noted that the plan states it is “concept review”. Mr. Fittante noted that this is an oversight and that he will submit a revised plan indicating the changes the Board has directed with a revised landscape estimation form.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. C.B. File 03-07, Willet Laundromat, 3005 Abbott Road, east side of Abbott Road, Zoned B-2. Requesting a building permit and site plan approval to construct a 6’ x 26’ addition. Board to review landscaping plan.
APPEARANCE: Joseph Macalusso, applicant
The Acting Chairman noted that the Board has determined a stamped landscaping plan is not needed for this request.
The members discussed the proposed addition in detail with Mr. Macalusso. Mrs. Bergantz suggests the use of evergreen shrubs to soften the corner areas. It was learned that there will be no dumpster. A member of the Board volunteered to assist the applicant and advise appropriate plants for the site.
OTHER BUSINESS:
Ron Stadelmaier, a resident of Orchard Park, gave a slide presentation regarding the Smokes Creek watershed. He noted that damage to the water shed has occurred through years of development; his goal is to amend the Town Code to recognize the cumulative impacts on the watershed, by using the process of the SEQRA regulations. Mr. Stadelmaier explained that he would like a letter from the Conservation Board, to the Town Board, advocating the protection of the water shed/stream corridors.
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Acting Chairman Jim Loesch told Mr. Stadelmaier that he will advise Chairman Schechter of his request. He suggests that that Mr. Stadelmaier approach the Town Board to speak at their work session meeting, and also contact the Town Engineer, who is actively working on a committee studying drainage.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:17 p.m. by UNANIMOUS APPROVAL.
DATED: March 7, 2007 Respectfully submitted,
REVIEWED: March 12, 2007 Rosemary M. Seivert
Conservation Board Secretary
James E. Loesch
Acting Conservation Board Chairman