Minutes of the April 1, 2008 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
Frank Newton
David Ward
EXCUSED: James Loesch
George Schichtel
OTHERS PRESENT: Councilwoman Nan Ackerman
Remy C. Orffeo, Planning Coordinator
Rose Seivert, Conservation Board Secretary _________________________________________________________________________________________
The Chairman called the meeting to order at 7:30 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 Mr. Jaeger, to ACCEPT the minutes of the January 8, February 5 and March 4, 2008 meetings.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #15-07, “Pines of Murphy Road”, 5245 Murphy Road, Zoned R-3. Applicant to discuss development of former sanctuary property into a Senior Housing facility and is seeking designation as such. Town Board referred to Conservation Board on 4/4/07.
APPEARANCE: Andrew Spencer, BME
Mr. Spencer presented an overall site plan to the members. He told the Board that the presented plan shows the entire development of the site that includes a proposed subdivision. The project before the Board is for approval of the landscaping plan for the site of the former sanctuary property, which will be owned by Rural Opportunities. The site will be have 50 cottage units, 25 bungalow apartments constructed around the perimeter of the existing building and 25 apartments constructed into an addition off the main building.
The members reviewed the plan and discussed it noting the following:
Mrs. Bergantz stated that the Town does not accept wetland areas as part of the land donation. In addition, the Board would like the wetland areas identified on the site plan. She also noted that there should be a sidewalk or pedestrian pathway planned within the community for seniors to walk around safely; however, trails placed along the creek areas are not appropriate for seniors.
It was noted that each site to be developed must meet the land donation requirement, separately to the Town; it cannot be combined. Each land donation is to have separate access points.
Mr. Ward requests more specific landscaping detail be shown along the bungalow areas on the plan.
The Board concluded that the plan is not complete and asked that the applicant return with revisions that were discussed.
The Chairman made a MOTION, seconded by Mrs. Bergantz to TABLE the review of this case pending the receipt of a revised landscaping plan.
MOTION UNANIMOUSLY APPROVED.
2. C.B File #05-08, Bryant & Stratton College, 200 Red Tail, located on the south west portion of the Sterling Park Complex, adjacent to the Route 219 on-ramp and Milestrip Road, Zoned I-1. The Conservation Board approved the landscaping plan at their 3/4/08 meeting contingent upon receiving a plan stamped by an R/A.
APPEARANCE: Not necessary for a representative to be present.
The Board received the stamped plan as requested. It had originally been submitted without the required Landscape Architect stamp.
Mr. Jaeger made a MOTION, seconded by Mr. Schechter to ACCEPT the plan as re-submitted.
MOTION UNANIMOUSLY APPROVED.
3. C.B. File #59-07, Walgreen’s, proposal for southwest corner of Union & Michael Roads, Zoned B-2. The site consists of SBL#’s 152.12-2-5, “D’amato Dry Cleaners”, 152.12-2-6, “Walkers Service Station”, 152.12- 2-4 “Molino’s Pizzeria” and 152.12-2-3 DNA Breads (Anderson’s). Applicant is requesting to construct a one-story 14,550 sq. ft. building with parking for a Walgreen’s Pharmacy. The Anderson’s ice cream store will not be demolished; both properties will share full access to Union Road with internal cross access provided. Town Board referred to Conservation Board on 2/6/08.
Chairman Schechter recused himself from voting in this case.
APPEARANCE: Mrs. Connie Lydon, RA
Mr. Ralph Lorigo, Attorney
Mr. Guy Hart, HDL Property Group LLC
Mrs. Lydon presented and explained the landscaping plan to the members. She concluded by stating that the project will have irrigation, noting that the plantings at the site will be green and crisp at all times.
Acting Chairman Jaeger stated that the Board has always championed irrigation and that this was great news! Mr. Hart confirmed that a recycling /trash compactor is located on the side of the building and that material that matches the building will be used to screen the compactor unit.
Mrs. Bergantz noted that the plan is nice. She asked for clarification as to how the 10% interior green space calculation was arrived at. Mrs. Lydon explained this to the Board, noting that the percentage just meets the requirement.
Mr. Ward stated that the plant material chosen for the site is excellent.
Mr. Newton stated that he feels the plan is excellent.
Councilwoman Ackerman inquired about a concrete pad area on the site plan and discussed having a pattern applied (stamped) on to it. She asked that the applicants visit Quaker Crossing and view the concrete stamping applied in the areas at “Borders” and “Red Robin’s”.
Mr. Ward made a MOTION, seconded by Mr. Newton to ACCEPT the plan as presented.
The Acting Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $34,570.00 or a certified check in the amount of $17,285.00 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.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #06-08, Tim Horton’s Restaurant, 3878 Southwestern Blvd., located on the north side of Southwestern Blvd., west of the existing Mobile gas station at the intersection of Southwestern Blvd./Abbott Road, Zoned B-2. Applicant proposes to redevelop the site with a new 3,080 sq. ft. building, pavement, utilities, lighting and landscaping upon .93 acres. Town Board referred to Conservation Board on 2/27/08.
APPEARANCE: Mrs. Connie Lydon, RA
Mr. Ralph Lorigo, Attorney
Mr. Lou Terragnoli, Tim Horton’s
Mrs. Lydon presented and explained the landscaping plan to the Board. She told the Board that a great deal of screening was considered to make this project work, keeping the nearby neighbors in mind. She explained the
proposed plantings, their locations and why they were chosen. Mrs. Lydon also told the Board that every effort will be made to save an existing Red Oak tree on the site.
Mr. Lorigo told the members the project is similar to the Tim Horton’s located at Abbott Road and Lake Avenue. There will be room for 18-vehicles to stack in the drive-through area and there will be 27-parking spaces at the site.
Mr. Jaeger discussed the “tight” turning radius of the drive thru lane that may exist at the rear of the site when making a left turn with elongated vehicles such as trucks, limousines and/or cars with trailers that may possibly hit and damage the light standard shown on the applicants drawing. He suggests re-locating the single light post at the apex of the radius and as an alternative, locating two light standards, one on either side of where the radius meets the straight portion on the drive to avoid this situation.
Chairman Schechter made a MOTION, seconded by Mr. Newton to ACCEPT the plan as presented.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $19,381.00 or a certified check in the amount of $9,690.50 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.
THE MOTION WAS UNANIMOUSLY APPROVED.
Other Business:
1. C.B. File #28-07, 3026 & 3030 Orchard Park Road, located on the west side of Orchard Park Road, Zoned B-2. (Site of Schuele Paint and ABC Tool Rental.) Applicant to present a revised plan for Board approval.
Chairman Schechter recused himself from this case.
APPEARANCE: Mr. Frank Brzezinski, RA
Frank Brzezinski presented a revised plan for the members to review. He told the board that the greenspace area at the site was increased to meet the 10% requirement.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton to ACCEPT the revised plan as presented.
2. Board discussed cash versus bond. The bond should run from the time that the Building Permit is issued for three years.
RESOLUTION FROM THE CONSERVATION BOARD
The Chairman made a MOTION, seconded by Mrs. Bergantz that a resolution be sent to the Town Board to modify the Town Code as follows:
144-44 Application for Building Permits and Certification of Occupancy in B, I-1 or D-R Zones
The Conservation Board recommends changing (c)(1)(b) from two years to three years.
MOTION UNANIMOUSLY APPROVED.
3. Board discussed dumpster gates and wanting them closed at all times and having this enforce through the Building Inspector’s office.
RESOLUTION FROM THE CONSERVATION BOARD
The Chairman made a MOTION, seconded by Mr. Jaeger that a resolution be sent to the Town Board to modify the Town Code as follows:
144-25 General Screening Regulations
The Conservation Board recommends changing (c) by adding the following (under lined):
Garbage pickup areas. Garbage dumpsters shall be enclosed by a substantial and solid fence or suitable opaque structure, with movable openings only for ingress and egress and doors or openings shall be kept shut.
MOTION UNANIMOUSLY APPROVED.
4. Councilwoman Ackerman discussed minutes from the Tree Conservancy meeting with the members.
RESOLUTION FROM THE CONSERVATION BOARD
1. Chairman Schechter made the following MOTION, seconded by Thomas Jaeger that a resolution be sent to the Town Board as follows:
a. The Conservation Board recommends to the Town Board for approval the use of the name of “Steinwachs Green” to be used in the Oak area in honor of Paul Steinwachs.
MOTION UNANIMOUSLY APPROVED.
2. Chairman Schechter made the following MOTION, seconded by David Ward that a resolution be sent to the Town Board as follows:
a. The trees in “Steinwachs Green” shall be limited to the planting of different types of Oak and each tree is to be dedicated to an individual that has given a contribution to the Town as deem appropriate by the Conservation Board and the Tree Conservancy.
MOTION UNANIMOUSLY APPROVED.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:18 P.M. by UNANIMOUS APPROVAL.
DATED: April 24, 2008 Respectfully submitted,
REVIEWED: April 28, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman