Minutes of the June 5, 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
Thomas Jaeger
James Loesch
Frank Newton
George Schichtel
David Ward
OTHERS PRESENT: Nan Ackerman, Councilwoman
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.
APPROVAL OF MINUTES:
A MOTION was made by Mr. Newton, seconded by Mrs. Bergantz, to ACCEPT the minutes of the April 3, 2007 and May 1, 2007 meetings.
THE MOTION WAS UNANIMOUSLY APPROVED.
OLD BUSINESS
1. C.B. File #34-94, Peter Krog, representing Minrad Corporation, 50 Cobham Drive, Zoned I-1. Board to review applicant’s compliance with their August 1, 2006 resolution.
APPEARANCE: Peter Krog, Jr.
Mr. Krog explained that a meeting with the residents had taken place regarding the site, wherein the residents expressed a desire to maintain a “park like” setting. He further explained that the area had to conform to FDA restrictions involved with this type of occupant of the site.
The Board members discussed the site and concluded that Mr. Krog is to contact the Town Arborist, Lynn Reynolds and work with him. They suggest
the use of Rhododendrons and/or Mt. Laurel. Councilwoman Ackerman told Mr. Krog that it would not be necessary to replant the entire under story; she
described the need to provide a visual barrier for the residents by using plantings along Clifornia Road.
Chairman Richard Schechter told Mr. Krog to submit a revised plan to the Planning Coordinator (the plan is to include a narrative and description of the plant material) after he has met with the Town Arborist, Lynn Reynolds.
2. Conservation Easement request:
• Mr. & Mrs. George Preshoff, 5721 Seufert Road. Requesting a Perpetual Conservation Easement for 5.0 acres of land. Town Board referred to the Conservation Board on 4/18/07.
Mrs. Bergantz reported to the members on her site inspection of the property.
Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, to recommend that the Town accept the conservation easement as proposed on the south section of the property and to not include the gas line easement on the north section.
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS
1. P.B. File #19-07, Vacant Land, 7830 Ellicott Road, north side of Ellicott Road, Zoned R-1. Requesting Pre-Application Findings review of a two-lot subdivision.
APPEARANCE: Mr. Steven Moeller, property owner
Mr. Jaeger made a MOTION, seconded by Mrs. Bergantz, that one street tree be planted per lot.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. P.B. File #10-07, proposed Orchard Grove Apartments/Bryan Young, 18.8 +/- acres of vacant land, located on the west side of California Road, SBL#161.18-1-3, Zoned R-4. Requesting a Building Permit to construct a 112-unit apartment complex. Town Board referred to Conservation Board on 3/7/07.
APPEARANCE: Mr. Bryan Young, Developer and owner
Mr. Young presented and explained the landscaping plan for the proposed project. He told the Board that has tired to maintain consistency with the plantings and provide screening for the neighbors.
The members reviewed the plan and told Mr. Young to use Skyline Locust and not Honey Locust as indicated on the plan. Mrs. Bergantz established that the middle area will be open and kept natural as the utility lines for the gas company are present here. She further established that it would be possible to connect Shadow lane to the site. Mr. Young told the Board that
discussions have taken place with Town Engineer Wayne Bieler regarding this.
Mr. Jaeger made a MOTION, seconded by Mr. Loesch, to ACCEPT the presented plans (with the change to planting Skyline Locust) for the Club House and the plan for the proposed apartment complex.
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 $55,170.00 or a certified check in the amount of $27,585.00 is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed downward toward the site; any dumpsters are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
3. C.B. File #01-06, proposed Holly Ridge Estates, 32.4 +/- acres of vacant land, off of Silent Meadow in the Braunview Subdivision, bordered by the Barrington Heights Subdivision, Zoned R-1. Board to revisit site plan for proposed 24-lot subdivision.
APPEARANCE: Mr. Ken Zollitsch, GPI
Mr. Rob Pidanick, GPI
Mr. Pidanick presented and explained a revised plan, based on comments from the Town Engineering Department regarding the location of the drainage pond. It was noted that the revised plan reflects an increase in the amount of the land donation to the Town.
The Board members and Councilwoman Ackerman discussed the irregular shape of lot #7 with Mr. Pidanick. It was determined that re-designing this irregular lot would make it easier to recognize where the lot line exists, for both the lot owner and the Town. Councilwoman Ackerman drew a line on the plan to denote what was discussed and Mr. Pidanick signed the modified plan stating that he would submit a revised plan based on this modification.
Mr. Schichtel made a MOTION, seconded by Mr. Schechter, to ACCEPT the plan as modified on 6/5/07 and reflected on the plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #17-07, Vacant Land located on the north side of Southwestern Blvd., Zoned I-1. Requesting a Building Permit to construct a 5,880 +/- sq. ft. building to relocate the existing “Big D” retail tire store. Town Board referred to Conservation Board on 4/4/07.
APPEARANCE: Frank Brzezinski, LS Architect
Jim Bammel, Architect
Rory Host, Big “D” Tire
James Dunn, Big “D” Tire, owner
Mr. Brzezinski presented and explained the landscaping plan for the proposed project. The Board reviewed the plan and discussed the adjacent neighbors.
Mr. Jaeger noted that the location of a dumpster is not shown and he questioned the location of any condensers to be used. Mr. Host noted that condensers will most likely be on top of the roof. Mr. Bammel told the Board that the dumpster will be located at the back of property and it will be screened; if the condenser is not located upon the roof, it will be placed on the ground and it will, also, be screened.
Councilwoman Ackerman requests that the applicant provide a colored rendering of the elevation to the Planning Office for her review.
Mr. Jaeger made a MOTION, seconded by Mr. Loesch to ACCEPT the plan, subject to the applicant’s re-submittal of a modified plan indicating the location of any dumpsters or condensers at the site with a revised Landscape Estimation Value Form indicating the cost of the additional screening.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost (this amount is to be revised and provided to the Planning Office) is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed downward toward the site; any dumpsters or condensers are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. C.B. File #27-07, Eastco Multimedia Solutions, Inc., 3646 California Road, Zoned I-1. Phase I – Board to review a revised landscaping plan.
APPEARANCE: Mr. Bob Conway, Architect
Mr. Holt Vaughn, Owner
Mr. Conway presented and explained a revised landscaping plan, noting that the original Conservation Board approval was granted in 2005 for Phase I and Phase II. However, the Site Plan approval and Building Permit were granted solely for Phase I by the Town Board. The revised landscaping plan involves only Phase I and it was noted that it did not contain A landscape architect’s seal. However, Mr. Conway stated that the original submission by Mr. Gowen did contain the seal. In addition, the revised plan did not indicate a dumpster location; however, it was established that if a dumpster is used it will be screened. The Board discussed a tree shown on the revised plan located in the R.O.W. Mr. Conway told the Board that the tree will be moved onto the applicant’s property; Mr. Conway noted and initialed this on the plan. The landscape estimation form was revised to $3,150.00; the original submission was in the amount of $19,000.00.
Although Phase II is not being approved at this time, the Board members told the applicant that serious issues exist with the Phase II concept plan. Councilwoman Ackerman stated that the parking, proposed in Phase II, does
not meet the ordinance requirement for locating vehicle parking 50-feet from the top of the bank. She also discussed the Storm Water II regulations for contaminants (such as salt) from the parking lot run-off water.
Mr. Loesch told Mr. Conway that the ordinance requirement regarding the parking distance from a bank is currently being reviewed and most likely will be revised.
The Chairman made a MOTION, seconded by Mr. Newton to ACCEPT the revised plan for Phase I as discussed.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the revised landscaping cost of $3,150.00, or a certified check for ½ of that amount is to be presented to the Town Clerk for Phase I; all lighting is to be directed downward toward the site; any dumpsters are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
The Planning Coordinator will resolve the issue of the $19,000 that the applicant initially paid to the Town Clerk.
6. 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.
APPEARANCE: Richard Brox, owner and developer
Mr. Brox presented and explained his plans for a 37-lot subdivision. It was noted that a formal landscaping plan has not been submitted; Mr. Brox is awaiting direction from the Conservation Board. The Board’s questions established the following:
• The Trails Committee recommends that a 30-foot wide easement area for a trail be put in to tie Westcott Way and Orchard Terrace. Mr. Brox would like a letter from the Town indicating that they have received permission from Niagara Mohawk for the trail.
• The roadway will change the area for the neighbors; thoughtful design planning for the entranceway into the subdivision should be made keeping the neighbors in mind. The Board discussed having a row of trees to provide adequate screening with other plant material. Site vision may be impaired for the neighbor on the east.
• A spokesperson for the neighbors (Mrs. Mutton) discussed problems and concerns that included possible pollution of the pond, drainage and soil test results that had a failing score.
• Mr. Brox is to work with the neighbors to resolve the problems discussed.
Mrs. Bergantz made a MOTION, seconded by Chairman Schechter to TABLE this case pending Mr. Brox meeting with the neighbors to resolve outstanding issues.
THE MOTION WAS UNANIMOUSLY APPROVED.
With no other business to be presented to the Board at this time, the
meeting was adjourned at 8:35 P.M. by UNANIMOUS APPROVAL.
DATED: July 2, 2007 Respectfully submitted,
REVIEWED: July 25, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman