** AMENDED MINUTES
Minutes of the June 3, 2008 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Second Floor Conference 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
James Loesch
Frank Newton
George Schichtel
David Ward
EXCUSED: 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: Minutes to be approved at the July, 2008 meeting
1. C.B. File #18-08, WNY Urology Associates, LLC, 500 Sterling Park, Zoned I-1, located on the west side of Sterling Park. Applicant is requesting a Building Permit and Site Plan approval to construct a 2,750 +/- sq. ft. addition to the existing building. Town Board referred to Conservation Board on 4/16/08.
APPEARANCE: Benjamin Vilonen, Kideney Architects
Mr. Vilonen presented and explained the proposed landscaping plan to the Board members. He told the members that trees impacted by the addition will be relocated, plus 5-additional trees will be planted. It was noted that the ratio of trees planted at the site are well over the requirement. The Board members discussed the plan and agreed that they liked the proposed plan.
Mr. Ward made a MOTION, seconded by Mrs. Bergantz, to ACCEPT the plan as presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $15,000 or a certified check in the amount of $7,500.00 is to be presented to the Town Clerk prior to receipt of a building permit; all lighting is to be directed
downward toward the site; any dumpsters are to be screened; approval is also contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #44-06, Buffalo Harley-Davidson, 140 Mid County Dive, located at the northwest corner of Mid County and Milestrip Road, Zoned I-1. Board to discuss alternative landscaping plans to mitigate tree removal.
APPEARANCE: Mr. John Brinkworth, Applicant and property owner
Mr. Brinkworth presented a sketch prepared by Mr. Jeff Goodwin and photographs of the site.
The members discussed the submission and Chairman Schechter told Mr. Brinkworth it was a good start, however, the Board must have a formal landscaping plan, stamped by a NYS licensed landscape architect in order to meet the Town’s requirements. The Site Plan should show the existing building, roadways, indicate the size of the plants and the preparation that will take place at the site. Mr. Schichtel pointed out the importance of choosing plant selections that are conducive to growing in this location.
Mr. Schechter told Mr. Brinkworth that a formal Landscape Value Estimation Form is to be submitted and that, to guarantee that the plantings survive, cash, not a performance bond, will be required in this instance.
Mr. Brinkworth was asked to obtain permission from New York State to remove the unsightly stumps remaining on the State property.
The Board requests that Mr. Brinkworth’s landscape architect present the plan to the members when it is available.
Chairman Schechter told Mr. Brinkworth that the Conservation Board’s review and determination is unrelated to what, if anything, the Town Board decides to do with regard to imposing fines.
The item was tabled, pending the receipt of a formal landscaping plan as discussed.
OTHER BUSINESS:
1. Chairman Schechter spoke regarding his meeting with Town Assessor Milton Bradshaw and their discussion regarding the Conservation Easement program. Assessor Bradshaw has stated that he will work with the Conservation Board while awaiting the NYS legislation.
2. The Conservation Board members discussed performing on-site reviews of cases. The Planning Secretary will provide location maps to assist them with their agendas in locating properties.
** 3. 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.
** 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.
With no other business to be presented to the Board at this time, the meeting was adjourned at 7:50 P.M. by UNANIMOUS APPROVAL.
DATED: June 10, 2008 Respectfully submitted,
REVIEWED: June 19, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman