Minutes of the July 3, 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: Richard Schechter, Chairman
Ann Bergantz
James Loesch
Frank Newton
David Ward
EXCUSED: Thomas Jaeger
George Schichtel
OTHERS PRESENT: 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.
APPROVAL OF MINUTES:
Chairman Schechter noted that the June meeting minutes are not available for approval and that they will be voted on at the August meeting, which will be held on July 31, 2007.
NEW BUSINESS
1. C.B. File #29-07, 3815 California Road, located on the east side, Zoned I-1, Mr. Parker Price. Applicant is requesting Board approval of landscaping plan and relief from 10% interior green space requirement. Town Board referred to Conservation Board on 6/6/07.
Chairman Schechter stated that he will recuse himself from this case due to a business relationship.
APPEARANCE: Mr. Frank Brzezinski, Landscape Architect
Mr. Parker Price, property owner
Mr. Brzezinski presented and explained the proposed landscaping plan to the members. He told the Board that Mr. Price’s tenant desires additional office and parking space. It was noted that the project does not meet the Town’s interior green space requirement. Mr. Price told the Board that complying
with the Town’s parking ordinance will create the elimination of five parking spaces at the site. His tenant, NYS Mutual Insurance, requires these spaces during times of an emergency for additional staff processing insurance claims. The Board reviewed the plan and determined the following:
• The interior green space requirement must be met by the applicant. The members discussed creating an island area in parking space numbers 55 & 56. The Board determined that this will satisfy the 10% interior green space requirement; they told the applicant to plant one Red Sunset Maple in this island area.
Mrs. Bergantz made a MOTION, seconded by Mr. Loesch, to ACCEPT the plan as presented with the following revision; the applicant is to create an island area in the location of parking space number 55 & 56, eliminating these two spaces. In addition the applicant is to plant one Red Sunset Maple tree in the newly created island area. A revised plan and landscape estimation form are to be submitted to the Planning Office.
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 (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.
OTHER BUSINESS:
1. Mr. John Wabick, Vice President West Herr New York
Landscape Architect Frank Brzezinski
Mr. Wabick came before the Board and discussed a recent tree trimming that took place by the utility company at West Herr-Nissan located at 3580 Southwestern Boulevard. He told the Board that the result is trees that are an eyesore; he asked for the Board’s guidance and submitted photos of the site for their review. Mr. Wabick also submitted a correspondence from the utility company that indicated the trimming will take place periodically due to the power lines located here.
The Board discussed the site with Mr. Wabick and Mr. Brzezinski and determined that no trees are to be removed. The members asked Mr. Wabick to return with a landscaping plan for their review, based on their discussion. The plan should include trees planted in clusters and have screening provided for the collision building.
2. Landscape Architect Frank Brzezinski
Mr. Brzezinski discussed concerns involving the following:
a. Gian Carlo & Roberta Bruni, 5100 Big Tree Road – value of plantings is not what was agreed upon. Members agreed that George Schichtel and Town Arborist Lynn Reynolds should review the site.
b. Clark Chiropractic, 4180 Abbott Road – weather conditions have impacted the plantings at the site. The Board determined that they can not release a portion of the bond.
c. 3026 & 3030 Orchard Park Road – The Secretary verified for Mr. Brzezinski that this project was not an agenda item this evening due to the fact that information requested by the Planning Coordinator had not been received.
3. Green Print recommendation to the Town Board – The members determined that additional review of the point system is needed and further discussion of identifying “uplands” must take place.
With no other business to be presented to the Board at this time, the meeting was adjourned at 7:53 P.M. by UNANIMOUS APPROVAL.
DATED: July 19, 2007 Respectfully submitted,
REVIEWED: July 25, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman