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Minutes of the November 6, 2007 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Basement Lunch 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
George Schichtel
EXCUSED: Frank Newton
David Ward
OTHERS PRESENT: Councilwoman Nan Ackerman
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 THE OCTOBER 2, 2007 MEETING MINUTES:
A MOTION was made by Mrs. Bergantz, seconded by Mr. Loesch, to accept the minutes of the October 2, 2007 meeting.
MOTION UNANIMOUSLY APPROVED.
NEW BUSINESS
1. Norwood Lane Beautification; Neighbors to meet with Board to discuss landscaping medium.
APPEARANCE: Nurhan Giampaolo, 130 Norwood Lane, Orchard Park, NY
Jackie Manka, 90 Norwood Lane, Orchard Park, NY
The Board members and Councilwoman Nan Ackerman complimented Ms. Giampaolo and Ms. Manka on the proposed beautification plan that they designed for the Norwood Lane neighborhood area. The Chairman requests that they contact Town Arborist Lynn Reynolds and enlist his assistance with several of the planting areas. Mr. Reynolds is to contact Planning Coordinator Orffeo to keep the Board informed of the project. Ms. Giampaolo established
that the neighbors will be responsible for all aspects of the proposed plantings; the Town will maintain grass cutting as usual.
2. C.B. File #46-07, Quaker Crossing East, out-parcel located at the northern corner of Amanda and North Benzing Roads, Zone B-1. Applicant is seeking a Building Permit and Site Plan approval to construct an 8,000 +/- sq. ft. furniture store. Town Board referred to Conservation Board on10/3/07.
APPEARANCE: Mr. Gerald Buchheit, owner
Mr. Frank Brzezinski, Landscape Architect
Mr. Brzezinski presented and explained a revised landscaping plan to the members. A proposed 8,000-sq. ft. furniture store would like to occupy the space and the plan was adjusted to accommodate the tenant’s requirements. Mr. Brzezinski told the Board that both the value of the landscaping and percentage of green space area were increased in the presented revised plan.
The members concluded that the plan is acceptable. The Chairman told Mr. Brzezinski that for the future, the Board requires that all applicants presenting revised plans must have the proposed changes high-lighted on the plan and a narrative to be included.
The Chairman made a MOTION, seconded by Mr. Loesch to ACCEPT the revised 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 $715.00 or a certified check in the amount of $357.50 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 #37-07, Quaker Crossing East, Stephen Kane, out-parcel located at the front of the Ashley Furniture Store, bordered on the south by Milestrip Road and on the west by Amelia Drive, Zoned B-1. The Conservation Board approved the landscaping plan on 9/4/07. Applicant is requesting that the Board review and approve a revised landscaping plan.
APPEARANCE: Mr. Steven Kane, owner
The Chairman recused himself from voting in this case; in addition Mr. Schichtel recused himself. As there is no quorum in this instance, one of the members absent this evening will be asked to review the file in the Planning Office and cast his vote.
Mr. Kane presented and explained his revised plan to the members. He told the Board that he worked with the Town’s Junior Engineer Thomas Ostrander in redesigning the entranceway. His initial tenant for the out parcel had been
a banking institution. However, Mr. Kane would like to keep his options open as a restaurant has express interest in this site.
Mrs. Bergantz reviewed the original plan and questioned the planting of a tree versus a perennial in the revised plan.
The members reviewed the plan and found it to be acceptable.
Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, to ACCEPT the revised plan as presented. A fourth member of the Board will review the file in the Planning Office and cast his vote.
MOTION UNANIMOUSLY APPROVED.
Mr. Loesch, Acting as Chairman, noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the revised landscaping cost $8,212.00 or a certified check in the amount of $4,106.00 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.
A note to the Planning Board: the dumpster area on the plan is creating a restriction on the corner; it should be placed at an angle.
4. C.B. File #45-07, Bieler Janitorial Services, 3946 Southwestern Blvd., located on the north side of Southwestern Blvd., west of Abbott Road, Zoned B-2. Applicant proposes to convert an existing single-family home destroyed by fire for use as a headquarters and warehouse space by constructing a 6,080-sq. ft. building. Town Board referred to Conservation Board on 10/3/07.
APPEARANCE: Mr. Kevin Bieler, owner
Mr. Frank Brzezinski, Landscape Architect
Mr. Brzezinski presented and explained the landscaping plan to the members. He told the Board that there is limited planting area at this site as the lot is narrow; however, the Town planting requirements have been met. He also told the Board that sixteen (16) parking spaces are proposed for this site. The lot is bordered by a residence and a motel. A fence owned by the neighbor exists on one side of the site.
Mr. Bieler told the Board that construction of pedestrian sidewalks along Southwestern Boulevard is planned by the NYS Department of Transportation.
Mrs. Bergantz noted that the Board must take into consideration changes that may occur in the roadway and the location of plantings at the site. The Board concluded that if plantings need to be removed, due to the construction of sidewalks, they must be planted elsewhere. The Board members told Mr. Bieler that he must adhere to the Town planting requirements for this site. If any changes are made in the landscaping Mr. Bieler is to return to the Board for review. It was also learned that there will be a dumpster located at the site and Mr. Bieler agreed to provide appropriate screening for the dumpster area.
The Chairman made a MOTION, seconded by Mrs. Bergantz to accept the presented plan.
MOTION UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $4,252.00 or a certified check in the amount of $2,126.00 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.
5. C.B File #50-07, proposed Forest Creek Subdivision, Part 3, 51.6 +/- acres vacant land located west of the existing Forest Creek Subdivision Part 2B, Zoned R-1. Requesting Pre-application Findings Review of a 34-lot subdivision.
APPEARANCE: Mr. Elliott Lasky, Developer
Mr. Rob Pidanick, GPI
Mr. Peter Sorgi, Attorney
Mr. Pidanick presented and explained the proposed plans for the third and final phase of the Forest Creek Subdivision. He discussed the wetlands located at the site, noting that he is awaiting a correspondence from Mr. Steve Doleski of the DEC that will indicate preference of non-development of these areas. He requests that the Board accept fees, in lieu of land.
Planning Coordinator Orffeo told the Board that the Engineering Department and Trails Committee have strongly indicated to him that connectivity to the surrounding areas (Barrington Heights Subdivision and Holly Ridge Subdivision) is desired. In addition, the Engineering Department has indicated that the site should be developed with two-entranceways to address concerns for emergency vehicle access. Mr. Orffeo suggests that Mr. Pidanick meet with Town Engineer Bieler after he receives the anticipated correspondence from Mr. Doleski that he spoke of. Mr. Pidanick told the Board that the petitioner originally proposed a connection from Barrington Heights to Holly Ridge; however, Mr. Pidanick feels that the sensitive issue of the wetlands located here negates that original proposal.
The Board discussed the proposal and the Chairman requests that the applicant provide the Board with an overall plan showing the contiguous lands that abut this subdivision. The members concluded that the Town should accept land in lieu of fees. Mrs. Bergantz told Mr. Lasky that a thirty-foot wide corridor should be developed to provide connectivity and access from one subdivision to another. Private property must not be a part of the land used for this corridor. In addition, the land donation to the Town must be usable land; not wetlands or part of the 100-foot buffer area; also, the land must not encumber the sewer easement area.
Mr. Lasky discussed the layout of the subdivision and other options, including using a portion of the exception parcel. He told the members that the exception parcel is basically comprised of upland areas. He and his attorney,
Peter Sorgi, also told the Board that he did not believe the law excludes a land donation comprised of wetland areas for recreation. Mr. Sorgi read a section of
New York State law regarding land donation. The Chairman suggested tabling their review of this item and seeking the legal opinion of the Town Attorney. Planning Coordinator Orffeo discussed the project’s time line and noted that tabling the review of this case will not affect the petitioner.
The Chairman determined that the applicant preferred to have the Board vote on “land in lieu of fees”.
Mrs. Bergantz made a MOTION, seconded by Mr. Schichtel to recommend to the Planning Board to ACCEPT land in lieu of fees. The applicant shall provide a thirty-foot wide access pedestrian pathway from the subdivision roadway to the recreational property located in the Holly Ridge subdivision.
MOTION UNANIMOUSLY APPROVED.
6. C.B. File #48-07, proposed Barrington Heights Subdivision Part 2, 21.4 +/- acres vacant located west of the existing Barrington Heights Subdivision, Zoned R-1. Requesting Pre-application Findings Review of a 6-lot subdivision.
APPEARANCE: Mr. Elliott Lasky, Developer
Mr. Rob Pidanick, GPI
Mr. Peter Sorgi, Attorney
Mr. Pidanick told the Board that due to engineering issues, the project has been reduced to 6-estate lots. The original concept plan proposed an 11-lot subdivision.
The members discussed the project noting that the issue of connectivity must be addressed. Mrs. Bergantz stated that she feels residents will want to travel from one neighborhood to another without having to travel to the main highway. Mr. Lasky told the members that he would revisit the plan and create connectivity to the contiguous parcels; this includes the Forest Creek and the Holly Ridge subdivisions. He told the Board that his land donation will exceed what is required.
Mrs. Bergantz made a MOTION, seconded by Chairman Schechter to recommend to the Planning Board to ACCEPT land in lieu of fees. The recreation land shall have a 30-foot wide pedestrian access way from the development to the Holly Ridge subdivision at the south east corner of the parcel. Mrs. Bergantz stated that the connectivity of all three parcels, Barrington, Forest Creek and Holly Ridge should be reviewed at the same time.
MOTION UNANIMOUSLY APPROVED.
7. 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-sq. ft. +/- store with retail/grocery departments, pharmacy and a partially enclosed garden center. The Conservation Board approved the landscaping plan on 5/1/07. Applicant is requesting that the Board review and approve a revised landscaping plan.
APPEARANCE: Elisa Tsang, APD Engineering
Eric Haselbauer, Attorney
Ms. Tsang presented and explained the revisions that were made to a previously approved plan for this site. She told the Board that the property was recently purchased by Wal-Mart from Mr. Buchheit and that a portion of the easement property located on the site will be dedicated to the Town of Orchard Park to be used for a future town road to connect to South Benzing Road; based on that provision, the landscaping plan has been revised.
The Board reviewed the proposed revisions and had the following comments:
Mrs. Bergantz noted that 33-trees have been eliminated and she told the applicants that they must be reinstated; she indicated on the plan where the trees where eliminated, noting that at the rear an entire row of trees is missing.
Ms. Tsang told the Board that the islands previously located at the front were eliminated due to safety issues.
Mr. Loesch stated that he likes the location of the proposed retention pond. He also feels that the transition created within the pedestrian pathway has been improved.
Mr. Schichtel noted that he would like the retaining wall area to be decorative.
Councilwoman Ackerman suggests that brick (the same type used on the façade of the building) be used on the retaining wall with a cement cap placed on top of the wall.
Mr. Jaeger noted that he also feels that brick should be used on the retaining wall area and that the brick should match the façade of the building. He discussed using ground cover to soften the area and the retaining wall.
He suggests that the applicants contact NYSEG to inquire as to what ground cover would be allowed here.
Mr. Schichtel and Mr. Jaeger discussed the importance of irrigation at the site with the applicant, noting that it would be a great benefit to the applicant’s investment and to the Town. Mr. Schichtel asks that Ms. Tsang investigate the possibility of irrigation of the site with her client.
Chairman Schechter tabled the review of this project pending the receipt of a revised landscaping plan based on the comments of the Board and the receipt of a revised landscaping value estimation form.
OTHER BUSINESS:
1. Conservation Easement Discussion
Councilwoman Ackerman reported on a meeting that took placed regarding Conservation Easements. In attendance were Town Attorney Leonard Berkowitz, Assessor Milton Bradshaw, and Councilwoman Ackerman. Councilwoman Yeomans arrived shortly afterwards. Attorney Berkowitz stated that the Town Assessor has the sole discretion in determining the amount of a tax reduction to be allowed for property placed into a conservation easement. However, Assessor Bradshaw told those present that he did not feel he wanted this obligation.
Attorney Berkowitz was instructed to write legislation that will be sent to the New York State Legislature.
Planning Coordinator Orffeo stated that the Planning Office has one conservation easement application pending; if it is processed in January, 2008 he does not feel that anyone will be disadvantage. He told the Board that if the NYS Legislature does not act on the item submitted by Attorney Berkowitz, the Town Assessor will need to perform his job; the Board should require a written report from the Assessor indicating how he made his determination.
The Board Members noted that the language, with the percentage, in the present conservation easement law had been adopted from another Town fifteen-years ago. The members discussed existing conservation easements. Councilwoman Ackerman told the members that the word “grandfathered” had been mentioned in the discussion that took place.
The Chairman asked when the Assessor received the legal opinion. If the Assessor had the written opinion in advance of the previous meetings, why weren’t this Board and the Town Board made aware of the legal opinion as opposed to the Assessor raising the issue, for the first time, at a public forum?
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:42 P.M. by UNANIMOUS APPROVAL.
DATED: November 28, 2007 Respectfully submitted,
REVIEWED: December 4, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman