C.B. Mtg. #1 Reg. Mtg. #1 January 2, 2007 7:00 PM Page 1
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Minutes of the January 2, 2007 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
David Ward
EXCUSED: George Schichtel
OTHERS PRESENT:
Nan Ackerman, Councilwoman
Remy C. Orffeo, Planning Coordinator
Keith Fisher, Fisher Bus Service
Ralph Lorigo, Attorney
Mike Borowiak, Nussbaumer & Clarke, Inc.
Michael Green, Delta Sonic Car Wash
Jim Fittante, Delta Sonic Car Wash
Robert J. Romanowski, Resident of South Benzing Road
_____________________________________________________________________________________________________
Chairman Schechter 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 will be voted on at the February meeting. The Board did not meet in December.
OLD BUSINESS
1. C.B. File #36-06, Fisher Bus, Vacant Land South Benzing Road, Zoned I-1. Requesting a Building Permit to construct a new headquarters facility totaling approximately 17,000 sq. ft. (office and repair shop) with parking for vehicles (buses and cars) on an 11+/- acre site. Town Board referred to Conservation Board on 5/17/06. Board to review revised plan.
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Date of Plan: 9/25/06
Landscape Architect: William Arlow III
Plan Number: N/A
Date Plan Received: 9/25/06
Mr. Borowiak submitted and explained a revised plan for a proposed bus facility. He told the Board that the location of the building has been moved to the south, approximately 500 to 600 feet away from the nearest resident. The revision was made firstly, to accommodate the concerns expressed by the area residents; and secondly, to avoid disturbance to the existing wetland areas. Mr. Borowiak told the Board that the 10% interior green space requirement has been met and that the number of busses at the site has been increased to 112; the number of cars and vans has been reduced to 113. It was also established that the natural buffer area will remain untouched.
The Board members discussed the fact that the plan does not indicate plantings on the site bordering the residential homes. Mr. Lorigo stated that plantings have not been indicated in these areas as the applicant feels the existing wetland area serves as adequate buffering.
Mr. Loesch asked for clarification on the interior green space for the interior island areas. The Board discussed the percentage of green space proposed in the revised plan and the black top area. Mr. Loesch explained that the Board must review the ratio of interior green space for the overall site; including the black top area to be sure the 10% minimum is met. The Board requests that the applicant provide information on the plan indicating the percentage of green space in the parking area at the rear of the building and the parking area, itself. Mr. Lorgio stated that if they are under the requirement, Mr. Fisher will adjust the plan to meet the code. The Board discussed granting conditional approval of the presented plan, concluding that if the requirement is short, the applicant must add plantings to the site, and not change or subtract plantings from areas on the site. They told Mr. Fisher he would be required to return to the Board if this occurs.
Mr. Jaeger commented on safety at the site; he asks that the applicant be aware of the sight line to the public road when planting trees to avoid accidents.
Mr. Ward commented on the proposed deciduous tree selection; he told the applicant that Red Maple is a better choice for the site.
Mr. Newton restated the Board’s concerns regarding the 10% interior green space requirement, noting that Mr. Fisher is not to use the driveway area in his calculation; he is to use the parking area. Mr. Lorigo told the members that he understands this. Mr. Lorigo described to the Board other ways Mr. Fisher can achieve the interior green space requirement if needed.
Mrs. Bergantz confirmed that the three (3) island areas are not part of the parking area and have not been used as part of the 10% interior green space calculation.
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Mr. Loesch re-confirmed with Mr. Lorigo that the Federal wetland areas will not be disturbed.
The Chairman invited Mr. Romanowski, a resident of South Benzing Road, to review the landscaping plan, noting that Mr. Romanowski did not have the opportunity to do so, before the meeting.
Mr. Romanowski reviewed the plan and told the Board that Mr. Fisher had agreed to install a berm to buffer the residents on the east and west during a meeting he held with the residents of South Benzing Road. The plan presented does not indicate the existence of this berm. Mr. Lorigo told the Board that Austrian Pines are proposed on the plan to create a year-round buffer. The Chairman stated that this seems to be sufficient. However, Mr. Romanowski stated that he feels that the berm that was discussed at the meeting that took place with Mr. Fisher needs to be installed. He told the Board that he does not believe the planting of Austrian Pine trees will be a sufficient buffer; he further believes the value of their homes will diminish if the busses are seen by passersby. He told the Board that during the meeting with Mr. Fisher, Mr. Fisher told the residents that he did not want his facility to be seen by the public and that he had no problem with installing a berm. Mr. Romanowski stated that the residents want the berm installed.
Mr. Ward noted that Austrian Pine trees will not do well if they are planted at ground level or if they are located in wet soils; they must be elevated. Mr. Borowiak told the Board that excess/surplus topsoil from the site will be used to elevate the Austrian Pine trees.
The Chairman made a MOTION, seconded by Mr. Loesch that the project is CONDITIONALLY APPROVED based upon the petitioner’s representative delineating the actual percentage of the interior green space as compared to the parking area itself, as indicated by the petitioner’s attorney (the exact percentage) and if it is greater than the 10% minimum requirement, we are in respect to that APPROVED; if it is reasonably close then the concept would be to increase the interior island in the middle of the site sufficiently to achieve the 10% minimum. In addition, the petitioner has agreed to plant ‘Red Maple”, as suggested by Mr. Ward and to also, as heard by the resident residing to the north, that the petitioner will use his best efforts to utilize excess/surplus soil to attempt to berm the Austrian Pines planted on the northern side of the site. In addition a revised Value Estimation cost form must be submitted if the landscaping is increased at the site.
The Chairman told the applicant that he must submit the above information as soon as possible to the Planning Coordinator.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $59,158.00 or a certified check in the amount of $29,579.00 is to be presented to the Town Clerk prior to receipt of a building permit. It is understood that this amount will be amended if the plantings on the site are increased. 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.
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THE MOTION WAS UNANIMOUSLY APPROVED.
Councilwoman Ackerman discussed with the Board members having the applicant resubmit a plan that indicates where the excess/surplus top soil will be placed on the site to elevate the Austrian Pine trees.
The Chairman stated that there is an understanding that the applicant will use reasonably good faith efforts to utilize the excess/surplus soil on the site to elevate the Austrian Pine trees. He further stated that the applicant is not being asked to construct a berm. Mr. Fisher is being asked to elevate the area underneath where the pines will be planted to enhance the survivability of the plantings. If there is excess/surplus top soil, the Chairman asks that the applicant delineate this on the plan.
NEW BUSINESS
1. 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.
Mr. Jim Fittante and Mr. Michael Green presented and explained a proposed landscaping plan to the Board. Mr. Green told the Board that the plan was based on input from a meeting they had with the Planning Board.
The Chairman told the applicants that the Board will review their request as “concept review” due to the fact the landscaping plan is not sealed, as required, by a New York State licensed landscape architect.
The Board comments included that they liked the proposal combining the two sites; salt spray, detergent and vehicle exhaust will be a factor with the plant selection, rocks may be best in some areas, sidewalks should be continued, the primary entrance should be reviewed with regards to traffic flow and the applicant was asked to consider having the gas pumps independently accessed. It was felt that the site will look more appealing with perimeter plantings.
The applicants will arrange to meet with Councilwoman Ackerman to review the proposed façade; it was also noted that they will need to apply to the Zoning Board of Appeals for a variance.
2. Conservation Easement request:
· Ms. Susan J. Greenwood, 5595 Armor Duells Road. Requesting a 75-year easement for 9 acres. Town Board referred to the Conservation Board on 12/6/06.
Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger to RECOMMEND APPROVAL of the Conservation Easement request to the Town Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
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OTHER BUSINESS:
Board to discuss Conservation Easement concerns from assessor.
The Chairman stated that he and Board Member Jim Loesch met with Town Assessor Milton Bradshaw. Issues discussed at this meeting were; record keeping of conservation easement agreements and a memo that the Assessor had sent to the Planning Coordinator regarding penalties on pre-existing conservation easements.
The Board discussed these issues at length. The Planning Coordinator will review the record keeping of conservation easements and expiration dates. The Board members discussed their feelings regarding penalties noting that once a commitment is made to the Town to place a property into a conservation easement, any change or revision to the site, no matter what it is, should void the agreement; The Board feels that the entire parcel should be removed from the easement and that the property owner must pay the penalty that applies. The Board further feels that a property owner may apply for a new conservation easement request; they concluded that conservation easement agreements should not be a burden to the Town. Various ways to monitor conservation easements and apply penalties were discussed by the members. They noted that they would like the Town Attorney to review the language regarding conservation easements.
The Chairman stated that Section 52.6A of the Town code states that a survey map and metes and bounds description of the proposed area is required for the parcel being placed into the conservation easement; he noted that this is not indicated on the application form. The Planning Coordinator stated that he will update the application to reflect this, review the conservation easement files and advise the Board of his findings.
Board to review proposed landscaping of the air-conditioning unit at the newly constructed M.A. Carr dress shop located on North Buffalo Road.
The Planning Coordinator told the Board that the air conditioning unit was not on the original plan presented and that both Bob Gill and Frank Brzezinski were not aware that the unit had been installed. He provided the Board with a plan developed to screen the unit for the Board’s review. A letter of apology for was received from LBM Construction for installing the unit and not advising the Town. The Board reviewed the plan and found it to be acceptable.
OTHER COMMENTS:
The Planning Coordinator reported that the planters requested by the Board will not be put in at 3752 North Buffalo Road due to the sale of the property not taking place. He further reported that Enidine, 7 Centre Drive, re-submitted their landscaping plan with revisions the Board had requested. The members agreed that all items they requested have been met.
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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.
DATED: January 25, 2007 Respectfully submitted,
REVIEWED: January 30, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman