Minutes of the October 2, 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
EXCUSED: 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 SEPTEMBER 4, 2007 MEETING MINUTES:
A MOTION was made by Mr. Newton, seconded by Mrs. Bergantz, to accept the minutes of the September 4, 2007 meeting.
MOTION UNANIMOUSLY APPROVED.
NEW BUSINESS
1. C.B. File #43-07, Rodems Construction Co., Inc., vacant land located on Ellis Road, Zoned I-1 (part of the North American Carbide property, now known as “Transport National Development”). Applicant would like to construct a 2,885 sq. ft. office building. Town Board referred to Conservation Board on 9/19/07.
APPEARANCE: Mr. Greg Rodems, owner
Mr. Frank Brzezinski, Landscape Architect
Mr. Brzezinski presented and explained the landscaping plans for the proposed project to the members. He stated told the members that Mr. Rodems is under contract to purchase a portion of this site from Transport National Development, previously known as North American Carbide. In 2002, North American Carbide agreed to retain a dedicated buffer area totaling to 88.5% green space.
The members discussed the dedicated buffer area at length. They expressed their concerns to maintain the buffer area on the south and west to screen the neighbors located here. It was noted that the presented site plan does not indicate the agreed upon buffer area. The Board members told Mr. Brzezinski that they would like the plan to show the buffer area, as well as the location of a proposed dumpster.
Mr. Rodems told the Board that he had not initially been informed of the buffer agreement during discussions regarding the purchasing of this property. He asked the Board’s opinion on his proposal, explaining that further expansion may take place at the site. He told the Board that he does not want to purchase the property if he cannot develop the site to accomplish his needs.
The Board members told Mr. Rodems that his plan is workable and they request that he return with a revised plan based on their comments.
The Chairman informed the applicant that it is the Board’s intent to insure that the site is developed within the parameters that were discussed and he further noted that the Board will defer to the Town Attorney with respect to insure that the buffer remains on the south and west side of the site throughout all subsequent ownership.
The item was tabled pending a revised plan based on the comments of the Board.
OLD BUSINESS
1. C.B. File #26-07, Expert Fence, 2897 Southwestern Blvd., located on the south side, Zoned B-2. Requesting a Building Permit and Site Plan approval to construct a 7,200 +/- sq. ft. metal building on an adjacent parcel, owned by the applicant, to relocate the existing business. Conservation Board granted conditional approval on 9/4/07.
APPEARANCE: Jeffrey Anger, Applicant and property owner
Bill Arlow, Registered Landscape Architect
The applicant presented a revised plan to the Board noting that the revisions requested at the September 4, 2007 meeting have been made to the plan.
The Chairman made a MOTION, seconded by Mr. Loesch to ACCEPT the revised plan as presented, noting the following:
1. The Maples at the back have been moved towards the front.
2. Specimen Evergreen will be planted in the front.
3. Foundation plantings will be planted along Southwestern Boulevard on the side of the building.
4. The landscape value estimation form is modified to a total of $9,790.00
MOTION UNANIMOUSLY APPROVED.
2. C. B. File #31-07, Benderson Development out-parcel adjacent to Lowe’s
Correspondence was received informing the Planning Office of the unavailability of Chanticleer Pear trees; Benderson Development agreed to plant these trees at their out-parcel location, adjacent to Lowe’s. As an alternative, Benderson Development would like to substitute Harvest Gold Crabapples at this site and requests the Board’s approval of this substitution.
A MOTION was made by Mr. Schichtel, seconded by Mr. Jaeger to ACCEPT the substitution of Malus Harvest Gold trees to be planted at the Benderson Development out-parcel site, adjacent to Lowe’s, due to the unavailability of Chanticleer Pear trees as previously agreed upon.
MOTION UNANIMOUSLY APPROVED.
3. C. B. File #17-07, Big D Tire, Zoned I-1
Mr. Brzezinski presented and discussed a revised plan with the members for “Big D Tire”, proposed for vacant land located on Southwestern Boulevard. He noted that the Board previously approved a landscaping plan for this site; however, he explained that the building was relocated on the property (“flipped”) for engineering purposes that involved drainage. He told the Board that no changes occurred to the site by relocating the building.
Mr. Jaeger made a MOTION, seconded by Mr. Newton, to APPROVE the presented revised plan.
MOTION UNANIMOUSLY APPROVED.
The Chairman authorized the Planning Coordinator to purchase a book known as “Ascetics of Parking”.
Mr. Loesch discussed a meeting that is scheduled with several local municipalities regarding “Water Quality”.
OTHER BUSINESS:
1. Conservation Easement Discussion
Assessor Milton Bradshaw discussed the legality of the tax reductions that have been set by the Town Board for Conservation easements that have been granted.
The members’ discussion concluded with the Chairman stating he would like a meeting scheduled with the Town Attorney, Town Assessor and representatives from the Town Board and Conservation Board to discuss this matter in further detail.
2. The Board discussed accepting payments for landscaping fees “bond” versus “check”. They, also, asked the Planning Coordinator to report if the Town
Board had made determination regarding the review of Conservation Easements granted by the Town Board. Mr. Orffeo noted that he has not had a response from the Supervisor.
With no other business to be presented to the Board at this time, the meeting was adjourned at 9:25 P.M. by UNANIMOUS APPROVAL.
DATED: October 15, 2007 Respectfully submitted,
REVIEWED: October 16, 2007 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter
Conservation Board Chairman