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Minutes of the January 8, 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
James Loesch
Frank Newton
George Schichtel
David Ward
EXCUSED: Ann Bergantz
Thomas Jaeger
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 MINUTES:
A MOTION was made by Mr. Schichtel, seconded by Mr. Loesch, to accept the minutes of the November 6, 2007 and December 4, 2007 meetings.
With regard to the December 4, 2007 meeting minutes two modifications were made: Item #2, Page 2, third paragraph from the bottom change as follows, “Mr. Schichtel would like the plan to indicate that in the island areas the first branches of such trees should be at least five-feet high. Also, the last paragraph on Page 2 (item #2) should be deleted and replaced with; “The furnishing of a maintenance bond should insure proper maintenance of this site.
MOTION UNANIMOUSLY APPROVED.
The Chairman read a statement from Board Member David Ward wherein he noted that he reviewed the revised plan and landscape valuation estimation form for C.B. File #37-07, Quaker Crossing East, Stephen Kane and found them to be acceptable.
OLD BUSINESS
1. 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. Tabled by the Conservation Board at the September 4, 2007 meeting pending the receipt of a revised plan.
APPEARANCE: Mr. John Sciarabba, Land-Tech
Mr. Todd Bezenah, Family Video
Heinrich Fischer, LS
The Chairman noted that the Board tabled their review of this proposal at the 9/4/07 meeting pending resolution of the following:
• Screening material at the rear of the building.
• Applicant is to contact contiguous 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 separate the driving lanes.
Mr. Fischer confirmed that these issues have been addressed in the presented revised plan. Mr. Sciarabba told the Board that the adjacent neighbor expressed concerns for security at the rear of the building during the applicant’s appearance at a Zoning Board of Appeals meeting for a setback variance request. He told the members that Family Video has agreed to erect a board on board fence with a light to address this issue. The interior green space at the site is 10.4%.
Mr. Loesch established that the dumpster location will be on the east property line and that a yet to be determined business will occupy the remaining 1,200 sq. ft. Mr. Sciarabba told the Board that the tenant (based on other Family Video locations) will range from either a sandwich shop or a tax preparer. Mr. Loesch discussed the location of the island area. He noted that he understands that the applicant would like to have parking easily accessed; however, the issue is to keep pedestrian traffic safe as they cross through vehicle traffic. Mr. Loesch would like the Planning Board to be aware of the Conservation Board’s concerns regarding pedestrian safety at the site.
Mr. Loesch made a MOTION, seconded by Chairman Schechter to ACCEPT the presented revised plan with the stipulation that the Planning Board be advised of the Board’s concern regarding pedestrian safety and the high volume of traffic generated at the site.
MOTION UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $12,404.75, or a certified check for one-half of this amount ($6,202.38) 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.
NEW BUSINESS
1. P.B. File #62-06, Kostelny Three-Lot Subdivision, 2.3 acres of vacant land, 7985 East Quaker Road, located on the south west corner of Quaker and Transit Road, Zoned R-1. Requesting Pre-Application Findings Review of a three-lot subdivision.
APPEARANCE: Mr. & Mrs. Kostelny, property owners/developers
The Board members reviewed the proposal and concluded that fees are desired.
Mr. Loesch made a MOTION, seconded by Chairman Schechter to ACCEPT fees in lieu of land.
MOTION UNANIMOUSLY APPROVED.
2. P.B. File #18-07, Eye Care & Vision Association, 3712 Southwestern Blvd., located on the north side of Southwestern Blvd., east of South Benzing Road, Zoned I-1. Requesting a Building Permit to construct a 7,680-sq.ft. single story building to be used for a new eye care medical office and tenant space. Town Board referred to Conservation Board on 4/4/07.
APPEARANCE: Theodora Lewandowski, Applicant
Frank Brzezinski, Landscape Architect
Mr. Brzezinski presented and explained the proposed landscaping plan to the Board. The members reviewed the plan and found it to be acceptable.
Chairman Schechter made a MOTION, seconded by Mr. Ward to ACCEPT the plan as presented.
MOTION UNANIMOUSLY APPROVED.
The Chairman noted that a two-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $18,700, or a certified check for one-half of this amount ($9,350) 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.
OTHER BUSINESS:
1. C.B. File #47-07, “Smokes Creek Subdivision”, concept review of proposed 26-lot subdivision, 26.17-acres vacant land located at 7295 Jewett- Holmwood Road, across from the Birdsong Subdivision, south side of Jewett- Holmwood Road, Zoned R-1. Formerly a part of the Yates Farm property.
APPEARANCE: Mr. Jimmy Jerge, property owner/developer
Mr. Thomas Johnson, builder
Brian Attea, Esquire
Chris Wood, Carmina & Wood, Architects
Mr. Wood stated that the applicant would like Conservation Board suggestions regarding the proposed project and the following was discussed:
• The applicant is proposing to subdivide the property into 26-lots and construct 1, or 1-1/2-story single-family homes; one lot will remain undeveloped. Mr. Wood noted that previously, 43-lots were proposed for this site. The homes built will be upscale and Mr. Jerge wants to create a small village feeling.
• Mr. Jerge would like to enhance/compliment the trail system being developed in Orchard Park and he was asked to contact Board Member Anne Bergantz, Chairperson for the Trails Committee, who is not present this evening.
• The project will have a dedicated public highway and utilities; the wetlands will be delineated at the site. The applicant was told that a land donation to the Town must not include wetland areas.
• The existing farm house will remain; however, the barn and out buildings will be removed.
Councilwoman Ackerman stated that she would like to have a community center developed in the barn; however, Mr. Johnson told the Board that, in his opinion, the condition of the barn is not good. He told the members not to be “fooled”; a recent coat of paint conceals its deterioration.
The Board discussed the barn and concluded that Mr. Johnson, Town Historian Susan Kulp, Mr. Jerge and Councilwoman Ackerman shall arrange a meeting to perform an onsite inspection of the barn and evaluate its condition. The Board also discussed contacting SHIPPO with the intention of pursuing the barn site as “historical”. The members discussed the possibility of the applicant constructing a duplicate building or a similar period building to make up for the loss of the barn.
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The Planning Coordinator told the members that the February 5th meeting will be held in the basement kitchen, due to the primary elections that will be held on that day in the meeting room.
The Chairman read a correspondence from Town Attorney Berkowitz responding to the question of what is “acceptable” recreation land. Attorney Berkowitz stated that wetlands are not acceptable.
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: January 30, 2008 Respectfully submitted,
REVIEWED: March 10, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter, Conservation Board Chairman