Minutes of the July 31, 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
George Schichtel
David Ward
EXCUSED: Thomas Jaeger
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Councilwoman Nan Ackerman
Councilman Mark Dietrick
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 THE JUNE 5, 2007 AND JULY 3, 2007 MEETING MINUTES:
A MOTION was made by Mr. Newton, seconded by Mr. Loesch, to accept the minutes of the June 5, 2007 and July 3, 2007 meetings.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #19-05, Quaker Crossing East site; Ashley Furniture Store, Steven Kane, located on east side of Amanda Lane, bordered by North Benzing Road and Milestrip Road, Zoned B-1. Conservation Board approval was granted on 9/6/05. Applicant is seeking the Board’s advice regarding a communication from NYSEG involving the location of plantings.
Mr. Schechter and Mr. Schichtel recused themselves from this case.
APPEARANCE: Mr. Steven Kane, owner
Mr. Kane discussed the landscaping plan that had been approved for this site on 9/6/05. He told the Board that he had planted the trees per the approved plan; however, NYSEG contacted him and directed that he remove the trees planted in their ROW. He also told the board that the wild flowers that he agreed to plant have not been planted as of this date due to confusion in finding several varieties. He stated that he is working with landscape architect, Connie Lydon, and that several varieties may be changed.
He told the Board that the planting of the wild flowers will not take place until the Spring of 2008.
The members discussed their displeasure with the fact that Mr. Kane had not planted what he had agreed to in a timely manner. Mr. Kane had been allowed to have his certificate of occupancy to aid him with the opening of his store, prior to the plantings being put in, with the understanding that the plantings would be put in by 11/15/06.
Mr. Loesch stated that Mr. Kane is approximately 1-year behind in planting and he feels the area does not present a good entranceway into the plaza site. Mr. Kane disagreed with this comment. He then discussed his feelings with the Board, noting that he proceeded according to the agreed upon plan and according to the utility company it is not legal to plant trees in the ROW. Mr. Loesch noted that the Conservation Board is not responsible for the mistake that was made; Mr. Kane must look to his landscape architect or architect.
The Board told Mr. Kane to contact NYSEG and establish what their approved planting list is for the ROW area. He is to return with a revised landscaping plan that is acceptable to NYSEG for the Board to review.
Mrs. Bergantz made a MOTION, seconded by Mr. Loesch to TABLE the review of this case pending a revised landscaping plan.
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
2. C.B. File #14-07, Quaker Crossing East site, bordered by Amelia Drive, Amanda Lane, and North Benzing Road, Zoned B-1. Board approved plan on 9/6/05 (C.B. File #19-05). Board to review proposed revisions to the approved Site Plan and discuss the Landscape Bond.
Mr. Schechter and Mr. Schichtel recused themselves from this case.
APPEARANCE: Mr. Frank Brzezinski, Landscape Architect
Mr. Brzezinski noted that the approved landscaping plan for this site had been based on several tenants occupying the retail space. However, Mr. Brzezinski presented a revised landscaping plan for the members to review based on a single tenant occupying the space. He told the Board that the plantings will be arranged differently since there is now only one doorway; however, there is no change in the quantity of the plantings or the price.
Planning Coordinator Orffeo discussed a memo he received from Building Inspector Andrew Geist regarding the Quaker Crossing East site landscaping bond, wherein, Quaker Crossing East and Ashley furniture each paid one-half the amount of the original landscaping amount that had been due; however, since that time the landscaping plan was revised and the amount of the landscaping was increased. The remaining amount of the landscaping due is $2,598.50. Mr. Brzezinski will consult his client regarding his portion of the outstanding balance owed, which is $1,299.25. The Building Inspector suggests that Quaker Crossing East remit this balance in full with a check and not a bond to keep the bookkeeping simpler.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton to ACCEPT the plan as revised.
Mr. Loesch made a MOTION, seconded by Mr. Ward that the applicant follows the Building Inspector’s advice in regards to remitting a check for one-half the amount of the revised landscaping total which would be $1,299.25.
THE MOTION WAS UNANIMOUSLY APPROVED.
3. C.B. File #28-07, 3026 & 3030 Orchard Park Road, located on the west side of Orchard Park Road, Zoned B-2. (Site of Schuele Paint and ABC Tool Rental.) Applicant proposes to combine these two parcels and is seeking Conservation Board approval of the proposed landscaping plan. Town Board referred to Conservation Board on 6/6/07.
APPEARANCE: Dr. Santos, owner
Mr. Paul Hogan, owner
Mr. Frank Brzezinski, Landscape Architect
Mr. Brzezinski presented and explained a revised plan to the members. He told the members that the current site of Schuele Paint and ABC Tool Rental have been combined into one site. The two existing buildings will be combined with an addition in the middle. Dr. Santos noted that after the site has been completed it will appear as one building. Dr. Santos also told the Board that tenants at the facility will include a medical spa and medical offices.
The Board members established that all Town ordinances have been met. They cautioned the applicants to use pruning to control the height of the plantings at the site so no future interference with the utility lines will occur. Mr. Brzezinski told the Board that to the best of his knowledge there are no trees that will interfere with any of the utility lines.
Mr. Newton established that there is screening for the nearby neighbors.
Mrs. Bergantz told the applicants that she feels that this is a good proposal.
Mr. Loesch made a MOTION, seconded by Mrs. Bergantz to ACCEPT the plan as presented.
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 $16,668.00, or a certified check for one-half of this amount ($8,334.00) 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.
4. C.B. File #36-07, West-Herr Nissan, 3580 Southwestern Blvd., located at the corner of Mid County Drive and Southwestern Blvd., Zoned B-2. Requesting
Conservation Board approval of changes to the existing landscaping on the site.
APPEARANCE: Mr. Frank Brzezinski, Landscape Architect
Mr. John Wabick, Vice President, West Herr New York
The Board had tabled their review of this case at the July 3, 2007 meeting pending the receipt of a revised plan.
Mr. Brzezinski presented and explained a revised plan to the members. The members discussed the plan noting that it did not include plantings of trees in clusters; the Board had requested this be incorporated into the revised plan and that screening be provided for the collision/bay building on the north side of the building.
The Board discussed planting the trees in clusters with Mr. Wabick and a member drew on the presented plan to indicate this request. Mr. Schichtel, also, told Mr. Wabick that “Royalty Crabapple” is not a good survivor; this species should be changed to another such as “Zumi or Harvest Gold Crabapple”.
Mrs. Bergantz made a MOTION, seconded by Chairman Schechter to CONDITIONALLY APPROVE the plan based on the receipt of a revised plan. The revised plan shall incorporate the comments of the Board which were to plant trees in clumps/groups, of three (3) crabapple trees on the north and south sides of the site and one clump/group, of three (3) crabapple trees in the middle. The applicant shall change the plant material and use “Zumi” or “Harvest Gold”, which are multi-stemmed crabapple trees. The applicant is to resubmit a revised plan within two-weeks and if it is found acceptable the applicant may go forward with the proposed project.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Board agreed that Mr. Schichtel or Mr. Ward will review the resubmitted plan.
The Board members indicated that Mr. Wabick could pursue NYSEG for their liability with regard to the damage that was done to the trees at this site.
The Chairman concluded that he would like a correspondence from the Town sent to NYSEG insisting that they adhere to the Town’s tree trimming policy and that a copy of this policy be included with this correspondence.
5. C.B. File #31-07, Benderson Development, 3195 – 3207 Southwestern Blvd., located on the south side of Southwestern Blvd., Crossroads Plaza out-parcel (adjacent to Lowe’s), Zoned B2. Requesting review of a revised landscaping plan. (Original plan approved 4/5/05.) Applicant seeks relief from the parking requirement.
Chairman Schechter recused himself from this case due to a business relationship.
APPEARANCE: Mr. Eric Recoon, Benderson Development
Planning Coordinator Orffeo explained that during the site plan approval process for the Wyoming bank, which is located on the west side of the plaza, 68-parking spaces were “banked” and placed at the rear (east side) of the out-parcel adjacent to Lowe’s. The combined spaces at the out-parcel site totals to 152-parking spaces; Mr. Orffeo noted that the banked spaces most likely will not be used at the rear of the building. He told the Board that the applicant is proposing to install 84-parking spaces and would like to keep the area at the rear of the building forever green. It was noted that the parking requirement for the out parcel is 45-spaces. Mr. Orffeo told the Board that, if in the future, it is decided that additional parking is needed at the site a stipulation could be made mandating Benderson Development to install the additional “banked” parking spaces and to maintain the appropriate interior green space.
Mr. Recoon told the Board that this is a fully approved project and that construction is well under way at the site. He distributed aerial photos of the site to the members for their review. He noted that the “banked” parking spaces will created a fairly large black topped parking lot that is not needed; he requests permission to grade and seed this area. He told the Board that Benderson Development would agree to a stipulation to add the parking spaces in the future, if the Town deems that they are needed. He also noted that the drawing that he is presenting contains an error, in that; it shows the fencing, to be installed to shield an adjacent property, continues along the potential green space area.
The Board members discussed the following:
• The Board would like the green space area to have plantings grown in it and for it to remain neat and tidy with a portion (band) of it mowed to finish it off. (They want a strip left around the perimeter.)
• Provide adequate screening for the neighbor as the area is already cleared with nothing on it. Mrs. Ackerman discussed separating the green space area, mowing a portion of it and planting a row of shrubs.
• Mr. Schichtel asked for clarification of the access roads on the map. Mr. Recoon indicated on the plan where the roads are located.
• Mr. Recoon drew on the plan to indicate snow removal and driveways that would be kept clear in the event that expansion of the site occurs. It was learned that several adjoining parcels are owned by Benderson Development. He indicated where he proposes to have additional plantings put in, keeping in mind future development of the area.
• Mrs. Bergantz established what properties are owned by Benderson Development with Mr. Recoon on the site plan. It was noted that “Countryside Apartments” are located quite a ways; therefore this is not an issue. She also discussed shortening the length of the fence and having the area look less artificial.
• Mr. Ward stated that any top soil that is stripped from the site be replaced.
• Mr. Schichtel discussed shrubs and plantings that could be used as follows; Hamamellis Virginiana, Amelanchier Canadensis and Acer x freemanii Celzam.
• Mr. Loesch established that the green space area in the landscape island is just over 10%. He noted that he feels this is a good solution for the site; however, he told Mr. Recoon that the Planning Board has the final determination regarding this proposal.
• Mr. Newton noted that he feels this is a good plan; he, too, noted that the Planning Board has the final determination regarding this proposal.
Mr. Loesch made a MOTION, seconded by Mrs. Bergantz, to ACCEPT the plan as presented for the rear most portion of the parking area contingent upon the fact that there will be a green space buffer with trees planted as indicated on the plan dated. The parking area must remain with at least 10% green space interior green space. The top soil shall be replaced in the area that was cleared and plantings shall be made as discussed. Should the Planning Board not agree to the change in the banked parking area the applicant is to return to the Conservation Board with a revised plan.
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.
The Board agreed that Mr. Schichtel or Mr. Ward will review the resubmitted plan.
6. C.B. File #08-07, proposed Southwest Transit & Michael Road Subdivision, Vacant Land located at the southwest intersection of Transit and Michael Roads, 13+/- acres, Zoned R-2. Board determination at the 5/1/07 meeting was to accept land, in lieu of fees; applicant is requesting the Board’s review of a revised plan for this ten-lot subdivision.
APPEARANCE: Mrs. Patricia Bittar, William Schutt & Associates
Mrs. Bittar presented and explained a revised plan to the members.
The Board discussed their feelings regarding the numerous driveways proposed for this subdivision that will be placed along Transit Road. The members noted that they are concerned that this subdivision will be isolated as there are no sidewalks on Transit Road.
The Board reaffirmed that they recommend that the Town be given land in lieu of fees.
The Board members discussed various ways to redesign the project with the applicant, such as using a buffer at the front and/or possibly at the rear of the proposed homes. The members feel that a buffer strip will preserve the rural character of the area. They told the applicant to revise the plan based on the Board’s comments.
Mrs. Bergantz made a MOTION, seconded by Chairman Schechter to TABLE the review of this case pending the receipt of a revised plan based on the Board’s comments.
THE MOTION WAS UNANIMOUSLY APPROVED.
7. C.B. File #7-07 proposed Broxton-Heath Subdivision, 28.7 +/- acres of vacant land, south side of Powers Road, east of Candy Lane, Zoned R-2. Requesting Pre-Application Findings review of a 37-lot subdivision. Tabled by the Board at the 6/5/07 meeting.
APPEARANCE: Mr. Richard Brox, developer/owner
Mr. Brox told the Board that he sent correspondences to his neighbors and also, tried to meet with them, to advise them that they should contact the Planning Office if they had concerns regarding the proposed project. He also told the Board that a 30-foot easement will be provided to National Grid. However, he noted that he would like a correspondence provided to him from the Town indicating that the Town has received permission from National Grid for the trail system to be located in the easement area. He stated that a row of Blue Spruce and Scotch pines will be planted to buffer the adjacent neighbor.
Mr. Newton discussed the row of trees, noting that he feels it may hinder site distance for motorists. Mr. Brox noted that he has cleared the site distance with the County.
Mr. Loesch, also, discussed the trees and the site distance with the applicant and he further discussed the applicant contacting the neighboring properties. The Chairman noted that Mr. Brox has indicated to the Board that he did attempt contacting the neighbors since the last meeting. Mr. Loesch noted that Mr. Brox will be faced with the same issues with his neighbors through the whole process. Mr. Brox noted that the neighbors can come to the Planning Board meeting and raise the same issues; however, they will still receive the same amount of screening. The Board members told Mr. Brox that they feel he should send an additional correspondence to the neighbors to memorialize his attempt to contact them. Mr. Brox noted that he will send another letter that states, “If I do not hear from you within 10-days, I assume it’s approved.” The Chairman that is not up to the neighbors cannot approve or disapprove the plan…only the Board can do that. The Chairman suggested that, as a courtesy, the Petitioner seek input from the neighbors.
The Chairman noted that Mr. Brox should do his due diligence with the neighbors, since he will possibly see the neighbors at a future meeting. Mr. Brox stated that he feels that one neighbor cannot tell the Town what to do. The Chairman noted that it is the Board’s prerogative to consider all factors in making a determination.
In response to Mr. Brox, Mr. Loesch noted, “That is not the issue; what he is suggesting is that, when the Board sees projects where there are loggerheads between the developer and the neighbors, it is just a process that will help.”
Mr. Brox told the Board that once he gets his approval, “he does not care what
the neighbors think.” The Chairman responded by stating that the Petitioner’s attitude is not helpful.
The Chairman noted that the Board is suggesting that he re-contact the neighbors. Mr. Brox concluded the discussion stating that he will do so.
Mr. Ward noted that he feels the proposed screening looks good to him and he told Mr. Brox to work with the Town Engineering Department with regards to the drainage issues at the site.
Mr. Schichtel established with Mr. Brox that trees will be a minimum of five feet in height.
Mrs. Bergantz established with Planning Coordinator Orffeo that a correspondence had been received from Mr. & Mrs. Baia stating that the improvements to the pond will help the drainage for the site. Mr. Brox noted that he will send the remaining two neighbors letters and attempt to meet with them. He believes the Nowadly’s are not in disagreement with the proposal, based on conversations he has had with them.
The Chairman told Mr. Brox to submit a stamped, Landscape Value Estimation form as soon as possible for this project. Mr. Brox discussed his feelings regarding this request and did not agree that the Landscape Value Estimation form is needed at this point in time. The Planning Coordinator told him that the form is required and that it is not a request for a bond; it is just a request for an estimate of the cost of the landscaping for the project. Mr. Brox noted that he would submit the form, as requested.
Mrs. Bergantz told Mr. Brox that the plant material must be listed in detail on the plan, with the height and caliber of the trees. She also discussed the proposed trail for the subdivision, noting that the Board requires a 30 ft. pathway on the property, and this can be where ever they ask for it to be. Therefore, if no letter is received from National Grid, it will be incorporated into a parcel. Mr. Brox told the Board, “It will revert back into the retention pond parcel, if the Town cannot get permission for the trailway”. Mrs. Bergantz noted that she is satisfied with that area. She, also, told Mr. Brox that the Trails Task Force looks at connectivity within a subdivision with the Town. She told him that any subdivision that does not connect into a loop, or does not connect to anything else creates a concern. She stated that the Trails Task Force has requested that a 30-ft. strip of land designated for a pedestrian pathway shall link to the south, should future develop occur. She further stated that if connectivity is an issue, she feels the Board should consider putting recreation property within the subdivision because she feels this will be a community of people that will be isolated; they will not be able to get to recreation land with a tot lot. They may find this valuable to them, as a neighborhood. She concluded that she is inclined to take land for recreation area so that the neighborhood would have a sense of community.
The members discussed requesting land, in lieu of fees. They told Mr. Brox that they are not bound to the previous review that took place regarding this subdivision; this is a new submission and there are different Board members within the Conservation Board and the Planning Board. They concluded that this subdivision is extremely isolated and that the 30-ft. trail located in the retention area is to remain. They feel the site will be more attractive and that the recreation land will be an asset to the subdivision.
Mr. Brox stated that he had discussed with Mr. Nowadly the fact that if the Town had wanted a tot-lot, he would locate it on lot #1 and provide screening for Mr. Nowadly’s property. Mr. Nowadly indicated to Mr. Brox that he would like to purchase lot #1 for privacy if it was not used for recreation land.
The Board members told Mr. Brox that they determine where the land donation will be located. Mrs. Bergantz stated that she did not feel that locating recreation land or a tot-lot near water is a consideration. The members concluded that they would like a revised plan based on their comments to include recreation land for a tot-lot; the members discussed using lots #22 or #23 and having approximately three acres donated.
Mr. Loesch made a MOTION, seconded by Chairman Schechter to TABLE the review of this case pending the receipt of a revised plan based on the Board’s comments.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
1. Mr. Loesch discussed a correspondence from the Chairman of the WNY Storm
Water Coalition regarding a meeting set for 8/16/07. He feels that this is a critical meeting. This correspondence will be sent to all the various Boards and their members.
2. Mr. Loesch reported that he had been contacted by Mr. Jim Cudney with respect to the practice of reviewing properties with Conservation Easements. He noted that the WNY Land Conservancy was contacted to advise cost information on providing this service; in addition Planning Coordinator Orffeo was to provide information on costs involved with reviewing properties. Mr. Orffeo reported that he had sent a memo to the Town Board and the Supervisor and has not had a response. Mr. Loesch told the members that the WNY Land Conservancy would like to meet with the Board to determine what this service would entail sometime after August 15, 2007.
3. Mr. Frank Brzezinski discussed the non-compliance of the landscaping at 5100 Big Tree Road and 4180 Abbott Road with the Board members. The members told Mr. Brzezinski that exceptions cannot be made with the approved landscaping plan.
4. Councilwoman Ackerman discussed the Historic Campus Project with the Board.
5. Councilwoman Ackerman discussed the trail system to be put in at Fox Run. She explained an insurance issue that will prevent a trail system from being put in. An agreement was reached wherein the developer will reimburse the Town for the cost of the trail. The members indicated that they would like money to be used to complete other trail systems within our Town.
Mr. Schichtel stated that he would like the Board to discuss cash/bond issue at the September meeting.
With no other business to be presented to the Board at this time, the meeting was adjourned at 9:14 P.M. by UNANIMOUS APPROVAL.
DATED: August 31, 2007 Respectfully submitted,
REVIEWED: September 4, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman