C.B. Mtg. #5 Reg. Mtg. #5 May 1, 2007 7:00 PM Page 1
Minutes of the May 1, 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
James Loesch
Ann Bergantz
George Schichtel
Frank Newton
EXCUSED: Thomas Jaeger
David Ward
OTHERS PRESENT: Nan Ackerman, Councilman
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:
The meeting minutes from the April 3, 2007 will be voted on at the June 5, 2007 meeting.
Board member George Schichtel recused himself from “New Business” item 2.
1. C.B. File #36-06, Fisher Bus, Vacant Land South Benzing Road, Zoned I-1. Conditional approval was granted by the Board on 1/02/07. Applicant submitted a revised landscaping plan per the Board’s request.
The Board discussed the revised plan; however, they concluded that the plan did not provide sufficient information to demonstrate what area was used to achieve the interior green space. In a comment area, the plan, using yellow- highlighting, denoted that there is .39 acres interior green space provided; this is slightly higher than the 10% requirement. However, the Board questioned what the applicant used to achieve this since the plan provides no detail.
Mr. Schichtel noted that the applicant must also change Acer Platanoides “Cleveland” on the plan to “Acer Rubrum Armstrong”, which is not known as “Red Maple” but “Armstrong Red Maple”.
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Mrs. Bergantz made a MOTION, seconded by Mr. Loesch, to CONDITIONALLY ACCEPT the plan contingent upon the applicant identifying the areas used to calculate the interior green space confirmed by a Conservation Board member; in addition the plan must be revised to change the “Red Maple” tree to “Armstrong Red Maple”. The revised Landscape Value Estimation Form indicates a value of $59,158.00.
MOTION UNANIMOUSLY APPROVED.
The Planning Coordinator noted that the minutes from the Fisher Bus Scoping Session are available on the Town website for viewing; also, the Draft Scope will be available for viewing on the Town website sometime this week.
2. C.B. File#09-07, Wal-Mart Superstore, Vacant Land south side of Milestrip Road, Zoned B-1. Requesting a Building Permit to develop a 134,088 square feet +/- store with a retail department, grocery department, pharmacy and a partially enclosed garden center. Town Board referred to Conservation Board on 3/7/07. The Conservation Board tabled their review of this case pending receipt of a revised plan.
APPEARANCE: Elisa Tsang, APD Engineering
Ms. Tsang explained the revised plan to the Board noting that changes have been outlined in a correspondence to the Board dated 4/20/07.
The Board members commented that they are please with the revisions that have been made to the plan.
Mrs. Bergantz made a MOTION, seconded by Mr. Loesch to ACCEPT the plan as presented.
MOTION UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $210,496.50 or a certified check in the amount of $105,248.25 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.
NEW BUSINESS
1. C.B. File #01-07, 3050 Orchard Park Road, located on west side of Orchard Park Road, Zoned B-2. Board to review revised plan. (Note: The Conservation Board granted approval for the original plan on 2/28/06.) Town Board referred to Conservation Board on 2/07/07.
APPEARANCE: Mr. Paul Hogan, applicant
Mr. Hogan told the Board that the first phase of the project was completed; however, the location of the 4,500 sq. ft. addition has been
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revised. He would like to locate this addition at the front of the former “Mazda” Building, rather than at the rear. He told the Board that “flip flopping” the addition increases the green space area at the site. It was learned that additional property will be purchased and added to the complex.
The Board discussed the revised plan and established that the project exceeds the parking requirement. The Board members stated that the applicant must meet the 10% interior green space requirement. They discussed ways for the applicant to achieve the requirement and request that he submit a revised plan, highlighting the areas used to achieve the 10% interior green space requirement.
The Chairman made a MOTION, seconded by Mr. Newton, to CONDITIONALLY APPROVE the plan; the petition is to submit a revised plan by May 4, 2007, 4:30 P.M. indicating that the interior green space totals to, or is greater than, 10%. The areas used in this calculation are to be highlighted on the plan.
MOTION UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $19,610.00 or a certified check in the amount of $9,805.00 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.
2. C.B. File #16-07, Heritage Centers, 80 Mid County Drive, located on the west side of Mid County Drive (part of the Jim Ball property), Zoned B-2. Requesting a Building Permit to expand the existing building and parking at the site to operate a furniture woodworking, repair and refinishing shop along with other programs for their consumers. Town Board referred to Conservation Board on 4/04/07.
Mr. Loesch recused himself from this case.
APPEARANCE: Beth Buscaglia, representing applicant
Ms. Buscaglia presented and explained plans for the proposed project. She told the Board that the project is State funded and that the original landscaping plan submitted for the Board’s review has been revised to meet funding requirements. The property is currently owned by Mr. Ball and the applicant has a contract to purchase it if the project is feasible. The number of proposed parking spaces does not meet the Town requirement, however, Ms. Buscaglia told the Board that no commercial activity will be carried on here; parking spaces will be utilized by workers and staff.
Mrs. Bergantz discussed the trees proposed at the rear of the property; she would like these planted in the front of the property. She also suggests that the applicant plant day lilies to soften the north east corner of the building.
Mr. Schichtel established that additional property will needed to be purchased from Mr. Ball for the project to be pursued.
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Mr. Waite, a resident of Auckland Avenue, questioned the subdividing that will alter Mr. Ball’s property; however, the Chairman told him that the Board must only review the matters before it. Mr. Waite told the Board that he feels the proposed project is appropriate for the area and that he supports it.
Mrs. Bergantz made a MOTION, seconded by Mr. Schichtel, to ACCEPT the revised proposal with the changes discussed; plantings will be added at the northeast corner of the building (i.e. a perennial such as daylilies). The resubmitted plan must be stamped by a NYS registered landscape architect and a revised Landscape Value Estimation form must be submitted.
MOTION 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.
3. 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. Requesting Pre-Application Findings review of a ten-lot subdivision.
APPEARANCE: applicant was not able to appear
The Board comments regarding this project were as follows:
• The Board members discussed the project and determined that they do not believe it is in the best interest of the Town to have the number of driveways being proposed located on Transit Road with a speed limit of 50 miles per hour, 100-feet apart. They recommend that the applicant provide a buffer to run the length of Transit Road and that the access to the development be located on Michael Road; not Transit Road.
Mrs. Bergantz made a MOTION, seconded by Mr. Schichtel, to ACCEPT land in lieu of fees for this subdivision; this land shall be located on Transit Road and run the entire length of the subdivision.
MOTION UNANIMOUSLY APPROVED.
4. 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 stated that she will review the property and report back to the Board.
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OTHER BUSINESS:
Board to discuss Conservation Easement issues.
Planning Coordinator Orffeo discussed the Boards policy regarding the following;
An inquiry was received from Mr. & Mrs. Lewis, residing on Newton Road, regarding their property’s Conservation Easement. The Lewis’ would like to sell a portion of their property (approximately two, 1 acre lots) that is located in the Conservation Easement area.
The Board discussed the request and the members agreed that this is a violation of the Conservation Easement Agreement and they believe that a sale of property in the easement area should terminate the agreement in place.
The Chairman noted that, subject to review by the Town Attorney, it is the consensus of the Conservation Board members present that if the petitioner or grantor decides to sell or parcel-off a portion of it, however small, then it is their opinion, that the entire Conservation Easement has been violated; as a result there will need to be a penalty determined and if and when the petitioner or grantor will want to come back and apply for a Conservation Easement on the remaining portion, they will need to go through the entire procedure again.
Councilwoman Ackerman noted that it is possible that the Board may not have accepted or approved the original Conservation Easement request with out the portion that is being taken away.
Mr. Newton recalled his onsite inspection of this property and questions if the Board would have accepted this request if it were to come before them today.
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Mr. Orffeo asked members to advise him if they are interested in the Storm Water presentation being offered by the Engineering Department.
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Mr. Orffeo asked members to contact him regarding the certification tests.
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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: May 7, 2007 Respectfully submitted,
REVIEWED: May 8, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman