Minutes of the July 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
James Loesch
Frank Newton
George Schichtel
David Ward
EXCUSED: Thomas Jaeger
Ann Bergantz
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.
Chairman Schechter made a MOTION, seconded by Mr. Ward, to recommend that the Town Board consider amending the Town Code allowing for one alternate member to be added to the Conservation Board in the event one or more members are missing or recused from a given matter.
MOTION UNANIMOUSLY APPROVED.
APPROVAL OF MINUTES: May 6, 2008 and June 3, 2008
A MOTION was made by Mr. Loesch, seconded by Chairman Schechter, to ACCEPT the minutes of the May 6, 2008 meeting.
THE MOTION WAS UNANIMOUSLY APPROVED.
A MOTION was made by Mr. Schechter, seconded by Loesch, to ACCEPT the minutes of the June 3, 2008 meeting with the following amendments;
Page two, under “Other Business”, item #3 should read;
Mr. Loesch and Mr. Schichtel have offered to review the landscape plan filed with the Planning Coordinator’s office for all sites to insure projects have been planted as agreed to, including both the first letter from the registered landscape architect requesting that plantings have taken place according to the plan and also the second follow-up letter, two-years later (three-years later, now) again, reflecting that all planting material is viable.
The following is to be added under “Other Business”
4. Conservation Board members have agreed to use their best efforts to visit the sites on the agenda where they will be required to vote.
THE MOTION WAS UNANIMOUSLY APPROVED.
Planning Coordinator Orffeo noted that starting in September applicants must submit plans 15-days prior to the Conservation Board meeting date to be considered as an item for the following month’s agenda. He told the Board that that the Town’s web site reflects this pending change with an updated cut-off date schedule.
1. C.B. File #28-08, Thomas Johnson, Inc., Vacant Land located on the west side of South Taylor Road, Zoned I-1, SBL#161.19-2-5.1. Applicant is seeking a Building Permit and Site Plan approval to construct a 3,100 +/- sq. ft. office building. Zoning Board of Appeals granted an Area Variance on 8/21/07 for a 15-foot setback. Town Board referred to Conservation Board on 6/18/08.
APPEARANCE: Mr. Frank Brzezinski, Landscape Architect
Mr. Brzezinski presented and explained the proposed landscape plan to the Board members and indicated to the Board that this is a difficult site at which to plant. He further told the Board that a set back variance had been granted by the Zoning Board of Appeals in 2007 and he also noted that there would be no outside dumpster located at the site. Mr. Brzezinski noted that the project will be completed in two-phases and there will be approximately 35,000- square feet of green space.
The Board discussed the screening of the residential home to the north and concluded that there was existing vegetation present.
The Board concluded that they would like the applicant to return with separate landscaping plans for Phase, I and Phase II, and separate landscape value estimation forms for each phase.
Chairman Schechter TABLED this case pending the receipt of separate plans for each phase as discussed by the Board.
2. C.B. File #59-07, Walgreen’s, proposal for southwest corner of Union & Michael Roads, Zoned B-2. Conservation Board to review revised landscaping plan.
Chairman Schechter and Mr. Schichtel recused themselves from this case.
Mr. Loesch will be the Acting Chairman.
APPEARANCE: Ms. Connie Lydon, Lydon Landscaping & Design
Mr. Ralph Lorgio, Attorney
Mr. Lorigo told the members that the Anderson’s restaurant will be demolished and a proposed bank building will be constructed in its place.
Ms. Lydon presented and explained a revised landscaping plan for the site. She noted that the landscaping was designed to have the two properties appear similar in nature.
The Board members stated that they liked the plan, noting that it followed the original plan and the two sites will be irrigated.
Acting Chairman Loesch discussed the existing elevation between Anderson’s and the proposed Walgreens and questioned if that area could be broken up with some greenery.
Planning Coordinator Orffeo told the members that the Walgreens project and bank project will be assigned separate case numbers to assist in the review process and that two separate landscaping estimation forms will be submitted.
Mr. Newton made a MOTION, seconded by Mr. Ward, to ACCEPT the presented REVISED plan, contingent upon having an absent member of the Board review and approve the revised landscaping plan.
The Acting Chairman noted that a three-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.
(Note: Walgreens Landscaping cost is $18,576.00;Bank Landscaping cost is $15,994.00)
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
1. C.B. File #11-07, McGard, 3875 California Road, Zoned I-1. Discussion of the tree caliper for project.
Chairman Schechter read a correspondence from Mr. Churchill, the landscape architect representing McGard, indicating that the specified caliper of trees agreed to was not available for planting. He indicates that 1-1/2” to 1/3/4” caliper is available.
The Board discussed this correspondence and concluded that they would like the owner to appear before the Board at the next meeting.
2. Ashley Furniture, Quaker Crossing Plaza – Discussion of Landscape quality.
APPEARANCE: Ms. Connie Lydon, Lydon Landscaping & Design
Ms. Lydon told the Board that NYSEG has indicated that trees placed in the R.O.W. must be removed immediately at this site; however, this is not a good time to do so, as the trees will not survive. She would like to have the replanting occur during the month of October. The Board agreed that October would a more appropriate time for transplanting the trees at the site.
The Board discussed the planting beds at the site and they request that Mr. Kane be asked to attend the August Conservation Board meeting to discuss their concerns.
Other Discussion:
Proposed DeMarco picnic shelter; The Planning Coordinator told the Board that this project was not on their July agenda for review due to a late incomplete submission of the proposed plan. The Board expressed their thoughts that the proposed shelter appears to look more like a future building, and not a picnic shelter.
Board members George Schichtel and James Loesch made arrangements to meet with the Planning Coordinator to review Conservation Board files in the Planning office.
Board member George Schichtel reported on a meeting that he attended at Chestnut Ridge Park with the new County Forester, Jim Horning.
With no other business to be presented to the Board at this time, the meeting was adjourned at 8:05 P.M. by UNANIMOUS APPROVAL.
DATED: July 24, 2008 Respectfully submitted,
REVIEWED: September 30, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman