Minutes of the August 5, 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
James Loesch
Frank Newton
George Schichtel
David Ward
OTHERS PRESENT: Councilwoman Nan Ackerman
Remy C. Orffeo, Planning Coordinator
Rose Seivert, Conservation Board Secretary
Danielle Ostrander, Planning Office Assistant ________________________________________________________________________________
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 Chairman stated that the July 1, 2008 meeting minutes will be voted on at a later date.
1. C.B. File #41-08, Accent Stripe, Inc., 3275 North Benzing Road, located on the east side of North Benzing Road, Zoned I-1. Applicant is requesting a Building Permit and Site Plan approval to construct a 2,731 +/- sq. ft., per floor, 2-story addition with site improvements to the existing building and the site. Town Board referred to Conservation Board on 7/30/08.
APPEARANCE: Mr. Gerald Buchheit, Applicant/Property owner
Mr. Frank Brzezinski, LSA
Mr. Brzezinski presented and explained the proposed landscaping plan to the Board members.
The members had positive comments regarding this project.
Mr. Jaeger made a MOTION, seconded by Mr. Schichtel, to APPROVE the plan as presented.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $5,850.00 or a certified check in the amount of $2,925.00 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.
2. C.B. File #39-08, Quaker Crossing East, out parcel, located near the entranceway along Amelia Drive, Zoned B-1. Applicant is proposing a 5,040-sq. ft. restaurant. Town Board referred to Conservation Board on 7/16/08.
APPEARANCE: Mr. Gerald Buchheit, Applicant/Property owner
Mr. Frank Brzezinski, LSA
Mr. Brzezinski presented and explained to the Board members the proposed landscaping plan that had been prepared by another landscape architect and had not been stamped. He told the Board that he improved the plan by extending it above the Town of Orchard Park standards. He noted that a series of fiber optic lines exist along the west side of the building that prevent plantings in a narrow strip located here. Plantings in island areas were described to the members.
Mrs. Bergantz discussed the island areas and verified the site plan information with Mr. Buchheit. She also verified the plantings being proposed for the site.
The Board reviewed the overall site plan. Mr. Brzezinski established that four-island areas that Mrs. Bergantz mentioned will be removed and this area could have trees planted here.
Mr. Schichtel established that the “Malus Crabapple” will grow approximately 10-ft. wide x 16-ft. high.
Mrs. Bergantz commented on the site; she is not pleased with the wasteland appearance created by the utility easement area.
Mr. Jaeger made a MOTION, seconded by Mr. Schechter, to APPROVE the plan as presented.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $18,840.00 or a certified check in the amount of $9,420.00 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.
3. C.B. File #11-07, McGard, 3875 California Road, Zoned I-1. Board tabled discussion of tree caliper at the July, 2008 meeting.
The applicant asked to be removed from the agenda this evening. The Chairman stated that the item is tabled.
4. C.B. File #14-08, Calamar/Senior Services, Inc. is requesting SR designation and is proposing to develop a 90-unit Independent Living Apartment Complex, (Eagle Crest Senior Apartments) Vacant Land located at the end of Weiss Avenue, Zoned B-2. Town Board referred to Conservation Board on 4/2/08. Board to review revised plan and additional information that had been requested.
APPEARANCE: Mr. Adam Walters, Attorney
Mrs. Constance Lydon, RLA
Mr. Phil Silvestri, Silvestri Architects
Mr. Paul Bowers, Wm. Schutt & Associates
Mr. Schichtel has recused himself in this matter.
Mr. Bowers presented and described the project to the Board members explaining that after meeting with the area residents, the project has been reduced from 140-units to 90-units.
Mr. Walters feels the project will have less impact on the area and that significant improvements have been made. He further feels that the existing water issues will be alleviated in the area from the down sizing of the project.
Mrs. Lydon presented and explained the landscaping plan to the members. She noted that the plans promote the preservation of the existing materials and using low maintenance plantings at the site.
Mr. Jaeger discussed using additional plantings at the base of the building to soften its hard look.
Mr. Bowers discussed the percentage of green space at the site and he told the Board that 10.1 acres will not be disturbed.
Mrs. Bergantz stated that she feels the parking lot is very large and that it is not an attractive site for the tenants of the proposed building. She discussed screening the area and the use of an additional berm at the cul-de-sac area; she also discussed using ground cover at the site.
Mr. Newton discussed the plantings that residents may plant on their own. Mr. Bowers noted that the residents of the project generally plant gardens or use planters at the rear of their property on the patio area.
The members concluded that they would like the following; ground plantings along the edge of the building; plantings at the cul-de-sac; a vinyl fence used at the dumpster area, and walk ways on the plan should be indicated.
A MOTION was made to TABLE this case pending the receipt of a revised plan.
5. C.B. File #37-08, Diane DeMarco, 3964 California Road, located on the west side of California Road, Zoned I-1. Applicant to construct a shelter for events to be held at this site. Town Board referred to Conservation Board on 6/25/08.
APPEARANCE: Mr. Frank Brzezinski, RLA
The Chairman confirmed that Mrs. DeMarco is before the Board because the DeMarco’s erected an outdoor picnic shelter without permission on their property.
Mr. Brzezinski presented and explained the landscaping plan to the Board noting that the use of the picnic shelter will be seasonal. A parking plan was also submitted for the Board’s review. However, this is an item that the Planning Board will be reviewing and approving. Mr. Brzezinski told the Board that the project can not be seen from the roadway.
The Chairman verified with Mrs. DeMarco how ingress and egress is gained to the picnic shelter area. He questioned if the residence located at the front of the property was occupied and Mrs. Demarco told the Board members that it is not occupied. He asked Mrs. DeMarco to describe who owns the neighboring adjacent vacant properties. Mrs. DeMarco indicated on the site plan that her in-laws own one of the adjacent lots and Mr. Liberatore owns the other adjacent vacant lot.
The Board members noted that besides the proposed picnic shelter, parking takes place on this property for the nearby Ralph Wilson stadium events.
Mr. Schichtel discussed the island area and the quality of the proposed trees; he suggested a better quality of shade trees be planted such as oaks near the pavilion/picnic shelter. He told Mrs. Demarco that he feels this will be a good investment for the future of the site.
Mrs. Bergantz stated that she agrees with Mr. Schichtel; she also feels the trees planted near the pavilion/picnic shelter will aid in screening the car parking activity that occurs at the site. Mrs. Demarco discussed watering the trees with the members and confirmed that water is available at the site. She agreed that she would be able to provide adequate water to maintain the plantings.
The Board discussed garbage removal at the site. Mrs. Demarco stated that there will be no permanent dumpster at the site; however, a dumpster will be brought in temporarily for an event and removed afterwards. Restrooms will not be provided; but, temporary outdoor lavatories will be made available.
The Board and Mr. Brzezinski discussed the proposed plantings at the site and marked on the plan where to plant Maple trees, no later than the end of November 15, 2008.
Chairman Schichtel made a MOTION, seconded by Mr. Schichtel to CONDITIONALLY APPROVE the plan, pending receipt of a revised Value Estimation Form and a revised Landscaping Plan.
THE MOTION WAS UNANIMOUSLY APPROVED.
6. C.B. File #37-07 Ashley Furniture out parcel and Ashley Furniture Site, bordered by Amelia Drive on the west and Milestrip Road on the south, Zoned B-1. Board members to discuss plantings at this site with property owner, Mr. Steve Kane.
The applicant asked to be removed from the agenda this evening. The Chairman stated that the item is tabled.
OTHER BUSINESS:
1. C.B. File #44-06, Buffalo Harley-Davidson, 140 Mid County Drive, located at the northwest corner of Mid County and Milestrip Road, Zoned I-1. Concept review of proposed plan to mitigate tree removal.
APPEARANCE: Mr. John Brinkworth, Applicant/Property owner
Mr. Brinkworth presented and explained the proposed plan to the Board.
The landscape value estimation form totaled to $18,250.00.
The members discussed the proposal and determined that they would like the applicant to return with his landscape architect.
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: September 30, 2008 Respectfully submitted,
REVIEWED: September 30, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman