Minutes of the September 4, 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: James Loesch, Acting Chairman
Ann Bergantz
Frank Newton
George Schichtel
David Ward
EXCUSED: Richard Schechter, Chairman
Thomas Jaeger
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Rose Seivert, Conservation Board Secretary _________________________________________________________________________________________
The Acting 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 JULY 31, 2007 MEETING MINUTES:
A MOTION was made by Mr. Ward, seconded by Mr. Newton, to accept the minutes of the July 31, 2007 meeting.
MOTION UNANIMOUSLY APPROVED.
1. 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. Requesting a Building Permit and Site Plan approval to construct a 6,500 sq. ft. building. Town Board referred to Conservation Board on 8/1/07. (In addition to out parcel: Landscaping Certificate of Compliance form has been received for Quaker Crossing East – Ashley Furniture.
Mr. Schichtel stated that he is recusing himself from this case.
APPEARANCE: Mrs. Connie Lydon, Landscape Architect
Planning Coordinator Orffeo told the Board that a certificate of completion had been received from Mrs. Lydon for the Ashley Furniture Store site. He also reported that a correspondence dated 8/30/07 from NYSEG indicates that only grass may be planted under the power lines in the ROW.
Mrs. Lydon affirmed that Niagara Mohawk will permit no plantings in the ROW area, as they feel they are an obstruction. She then explained what will be removed and replanted at the site to the Board. She also presented and explained a landscaping plan for the out parcel area. She told the Board that the tenant at this location will be a bank with a drive-thru.
Mr. Loesch asked that information regarding the percentage of the total green space area in the parking lot be provided to the Planning Office.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton to ACCEPT the plan as presented with an addendum indicating the transplanted trees on the site plan. In addition, the applicant is to provide information to the Planning Office that indicates the total percentage of the green space in the interior parking area.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Acting Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $7,965.00, or a certified check for one-half of this amount ($3,982.50) 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.
2. 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 7/31/07 meeting.
APPEARANCE: Mr. Richard Brox, developer/owner
Acting Chairman Loesch stated that the applicant had submitted the requested landscaping value estimation form for the proposed subdivision.
Mr. Brox told the Board that he discussed the project with the neighbors to address their concerns for screening and drainage of the site. He told the Board that Mr. Nowadly had conveyed to him that he desires additional screening and he also expressed concerns regarding the location of the recreation land to be conveyed to the Town.
Mrs. Bergantz stated that the plantings look great; however, she would like recreation land in lieu of fees. She told Mr. Brox that she feels the area needs connectivity as it is isolated from the community.
Mr. Brox told the Board that it is not the authority of the Conservation Board to require recreation land; this is the province of the Planning Board. He suggests that the Board put this in their motion to the Planning Board.
The Board concluded that they want land in lieu of fees.
Mr. Newton made a MOTION, seconded by Mrs. Bergantz to ACCEPT LAND IN LIEU OF FEES.
MOTION UNANIMOUSLY APPROVED.
The Acting Chairman stated that the Conservation Board, pursuant to Section 277-25.4 of the Town Law, requests that the Planning Board, require open land area equal to at least 9% of the total area, represented by said plat to be conveyed to the Town for playground or other recreational purposes and that the minimum size of said open area be at least four-acres. Floodplains, protected wetlands or existing drainage areas shall not be used to meet the open area minimum requirements.
In addition: The Acting Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $4,375.00, or a certified check for one-half of this amount ($2,187.50) is to be presented to the Town Clerk prior to receipt of a building permit. 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. 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. Pat Bittar, Wm. Schutt & Associates
Mr. Frank Stephen, property owner
Mr. David Kluczynski, property owner
Mrs. Bittar presented and explained the revised plan to the members. The Board reviewed the proposal and concluded that their previous decision to request land in lieu of fees is the recommendation that they will, again, make to the Planning Board. The Acting Chairman told the applicants that the Planning Board will make a decision regarding their recommendation; he discussed the ordinance requirement of the land donation, noting that four-acres are minimally required. Mrs. Bittar respectfully told the Board that she did not feel that the donation of four-acres is reasonable as the project consists of 13-acres.
Mrs. Bergantz told Mrs. Bittar that she previously expressed that she does not feel it is in the best interest of the town to have ten-driveways located on Transit Road. The applicants discussed the project with Mrs. Bergantz further and she told them that the Board makes their determination based on future development of the area.
Mr. Ward made a MOTION, seconded by Mr. Newton to ACCEPT LAND IN LIEU OF FEES.
MOTION UNANIMOUSLY APPROVED.
The Acting Chairman told the applicants his feelings regarding the project as follows;
• He likes the proposed setbacks.
• He feels the number of driveways along Transit Road is an issue.
• He likes the land located at the rear of the property.
• He feels that a 9% land donation is adequate and he further noted that the project has 18% open green space area.
The Engineering Department may not require a drainage pond; Mrs. Bittar told the Board that she has discussed drainage at the site with the Town Engineering Department and they have recommended using swales that will be shared with each property.
4. 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. Town Board referred to Conservation Board on 5/16/07.
APPEARANCE: Jeffrey Anger, Applicant and property owner
Bill Arlow, Registered Landscape Architect
Mr. Arlow presented and explained plans for the proposed project.
The members discussed the plan and concluded the following;
• They would like the building along Southwestern Boulevard “softened”. It was suggested that foundation plantings or a fence could be used.
• The number of spirea does not match the quantity (6) shown on the plan.
• The members discussed the use of additional plantings to buffer the neighbor at the rear of the property.
• The location of the detention pond was discussed.
• Mr. Schichtel discussed plantings that he would like planted at the site of the original building.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton, to ACCEPT the plan with the following changes;
1. The Maples at the back shall be moved towards the front.
2. Specimen Evergreen shall be planted in the front.
3. Foundation plantings shall be planted along Southwestern Boulevard on the side of the building.
4. The landscape value estimation form shall be modified
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.
Mr. Ward will review the modified plan and landscape value estimation form when it is available at the Planning Office.
5. C.B. File #39-07, Family Video Movie Club, Inc., 3009 Union Road, located at the corner of Michael & Union Roads, site of the former Burger King, east side of Union Road and south side of Michael Road, Zoned B-2. Applicant proposes to demolish the existing building and remove the existing parking lot to allow construction of a 7,200 sq. ft. single-story brick building and a 48-space parking lot. Space created will be used for Family Video Movie Club and a tenant to be determined. Town Board referred to Conservation Board on 8/15/07.
APPEARANCE: Heinrich Fischer, Register Landscape Architect
Mr. Fischer presented and explained the proposed landscaping plan to the Board.
Mrs. Bergantz told Mr. Fischer that he must meet the Town’s requirement of 10% interior green space parking calculation and show how this is achieved on the landscaping plan. She established that there will be 48-parking spaces and she discussed eliminating several of the parking spaces to assist with providing safe pedestrian walking area. She also discussed using an island to control vehicle traffic.
The Board concluded that buffering for the nearest neighbor should be provided and they suggest that the applicant contact the neighbor to discuss screening material.
The Acting Chairman made a MOTION, seconded by Mr. Newton, to TABLE this case pending resolution of the following:
• Screening material at the rear of the building.
• Applicant is to contact property owner.
• Applicant is to indicate 10% interior green space parking calculation and show how this is achieved on the plan.
• Consider re-configuring the green space area within the parking area and separating the driving lanes.
THE MOTION TO TABLE WAS UNANIMOUSLY APPROVED.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:25 P.M. by UNANIMOUS APPROVAL.
DATED: September 18, 2007 Respectfully submitted,
REVIEWED: September 28, 2007 Rosemary M. Seivert
Conservation Board Secretary
James Loesch,
Acting Conservation Board Chairman