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Minutes of the February 5, 2008 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
James Loesch
Frank Newton
David Ward
EXCUSED: Thomas Jaeger
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 7:04 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:
Chairman Schechter noted that the January meeting minutes are not available for approval and that they will be voted on at the March meeting, which will be held on March 4, 2008.
OLD BUSINESS
1. 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. Board to review requested sketch plan showing land being given to Town and 30-foot wide corridor that provides connectivity.
APPEARANCE: Mr. Rob Pidanick, GPI
Mr. Peter Sorgi, Hopkins, Garas & Sorgi, PLLC
The Planning Coordinator stated that at the November, 2007 meeting the Board requested that the applicant revise their site plan and show the location of the land donation to the Town of Orchard Park. Additionally, the Board told the applicant that wetland areas were not to be included in the land donation to the Town. The applicant previously disputed not being able to include wetland areas as part of the land donation to the Town. Since that meeting, the Planning Coordinator contacted Town Attorney, Leonard
Berkowitz, and Mr. Berkowitz confirmed in correspondence that the Town does not accept wetland areas as part of the recreational land donation. Mr. Orffeo noted that a copy of Mr. Berkowitz’s response has been provided to Mr. Pidanick. Mr. Pidanick was also asked to indicate on the plan the location of a 30-foot corridor to be used for connectivity between the Forest Creek and Barrington Heights subdivisions. Mr. Orffeo noted that Planning Board Chairman William McNamara requests that the Conservation Board supply a firm recommendation regarding this project.
Mr. Pidanick presented and explained an overall site plan showing the proposed expansion of the existing Forest Creek Subdivision. The presented plan gave a combined over view of the various proposed and existing subdivisions located in this area.
Planning Coordinator Orffeo told the Board that the Town Engineering Department and Planning Board both have indicated that they want a connection made between the Forest Creek and Barrington Heights subdivisions. Mr. Pidanick confirmed that Mr. Steve Doleski of the NYS D.E.C. recommends that the connection be made. However, he explained to the Board that Mr. Lasky does not favor making this connection as it will be costly and he sees no benefit to link the area.
The members found the overall site plan very useful; however, Mrs. Bergantz noted that the topography for the area needs to be included on the plan in order to determine where the connectivity can be made. Additionally, she would like the Trails Committee to review the presented site plan to gain their input.
Mr. Loesch stated that he would like the applicant to contact the “Land Conservancy” to learn what the restrictions are with regards to the protected archeological site.
The Board discussed ways to achieve the desired connectivity; however they concluded that a decision could not be made as it was critical for them to have a site plan that includes the topography of the area due to the steep slopes that exist here. They would also like a wetlands delineation of the site to be provided.
The Chairman noted that he would like the applicant to return to the Board after having received a recommendation from the Trails Task Group and providing the Board with the information the members requested.
Chairman Schechter made a MOTION, seconded by Mr. Loesch, to TABLE the review of this case.
MOTION UNANIMOUSLY APPROVED.
OTHER BUSINESS:
The Board further discussed their work session topic of Conservation Easements.
The Chairman noted:
As the result of case law that was brought to our attention we are hereby asking the Town Board to modify the Town Code to remove the pre-determined percentage assessment reduction for Conservation Easements and add language indicating that the amount and/or the percentage of the reduction will be determined by the Town Assessor. Concurrently, we are asking the Town Board explore the possibility of seeking State legislation to modify the existing legislation predetermining the percentage reduction of the assessment so as to obviate the need to have the Assessor determine the reduction on a case by case basis.
With no other business to be presented to the Board at this time, the meeting was adjourned at 7:45 P.M. by UNANIMOUS APPROVAL.
DATED: February 28, 2008 Respectfully submitted,
REVIEWED: March 10, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter, Conservation Board Chairman