Minutes of the November 4, 2008 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Engineering Conference Room 4295 South Buffalo Street, Orchard Park, New York at 7:00 PM. Present were the following:
MEMBERS PRESENT: Richard Schechter, Chairman
Anne Bergantz
James Loesch
Frank Newton
George Schichtel
EXCUSED: Thomas Jaeger
David Ward
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Councilwoman Nan Ackerman
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 Chairman Schechter, seconded by Mr. Newton, to accept the minutes of the July 1, 2008 and August 5, 2008 meetings.
MOTION UNANIMOUSLY APPROVED.
OLD BUSINESS:
1. Conservation Easement request:
• Mr. Timothy Roberts, 6350 Cole Road. Zoned A-1, (SBL#198.00-2-46). Requesting a Perpetual Conservation Easement for 8.7-acres. Town Board referred to Conservation Board 9/17/08. Report from Mrs. Bergantz to Board members on her site inspection of property.
Mrs. Bergantz told the Board that this is a great property and she recommends approval of the request.
Mr. Loesch made a MOTION, seconded by Mr. Schichtel, to APPROVAL to the Town Board acceptance of a Perpetual Conservation Easement request for Mr. Timothy Roberts, 6350 Cole Road.
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.
Mr. Schichtel and Chairman Schechter recused themselves from this case. Mr. Loesch will be the Acting Chairman.
APPEARANCE: Mrs. Connie Lydon, RLA
Mr. Ralph Lorigo, Attorney
Mrs. Lydon told the Board that due to utility conflicts the landscaping plan was revised. She presented and explained the revised plan to the members.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton, to CONDITIONALLY ACCEPT the revised plan as presented. An additional Board member will review the revised plan and landscape value estimation form and vote separately in this matter in the Planning Office.
The Acting Chairman moved that the Conservation Board accept the landscape plan as revised; all lighting is to be directed downward toward the site; any dumpster is to be screened; a three-year Landscape Completion Bond in the amount of $37,750.00 or a certified check for 1/2 the amount of the landscaping ($18,875.00) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department of the drainage plan.
MOTION UNANIMOUSLY APPROVED.
3. C.B. File #33-08, Key Bank, 3030 Union Road, site of former Anderson’s Ice Cream Building, Zoned B-2. Conservation Board to review revised landscaping plan.
APPEARANCE: Mrs. Connie Lydon, RLA
Mr. Ralph Lorigo, Attorney
Mr. Schichtel and Chairman Schechter recused themselves from this case. Mr. Loesch will be the Acting Chairman.
Mrs. Lydon told the Board that utility conflicts with easements have created a problem with the proposed landscaping plan at this site; therefore the plan has been revised. She presented and explained the revised plan to the members.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton, to CONDITIONALLY ACCEPT the revised plan as presented. An additional Board member will review the revised plan and landscape value estimation form and vote separately in this matter in the Planning Office.
The Acting Chairman moved that the Conservation Board accept the landscape plan as revised; all lighting is to be directed downward toward the site; any dumpster is to be screened; a three-year Landscape Completion Bond in the amount of $20,999.00 or a certified check for 1/2 the amount of the landscaping ($10,499.50) is to be presented to the Town
Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department of the drainage plan.
MOTION UNANIMOUSLY APPROVED.
NEW BUSINESS
1. C.B. File #32-07 Milestrip CMO, Dominick Piestrak, “Village Home Subdivision”, Vacant Land, SBL#162.08-2-4.3, located on the south side of Milestrip Road, west of Transit Road, rezoned by the Town Board on 3/19/08 to CMO (Conservation Management Overlay) District designation. Requesting Pre-application Findings Review of a 48-lot subdivision upon this 49-acre site. Town Board referred to Planning Board on 12/5/07.
APPEARANCE: Mr. Dominick Piestrak
The Board discussed the proposed project with Mr. Piestrak at length. Mr. Piestrak told the Board that the zoning is R-1 and that there will be 47-lots, 65’ x 120’ in size.
Mr. Loesch stated that he would like the landscaping plan to delineate all buffers and setbacks with dimensions, to insure that the Town requirements have been met. He indicated on the site plan where he feels buffering will be critical for residents. Mr. Piestrak told the members that lot #48 is not obtainable unless additional property is purchased from the adjacent property owner.
Mrs. Bergantz discussed the adjacent horse farm and the manure pile that will exist adjacent to the proposed project. It was established that the horse farm is quite close to this project; however the “horses were here first”. Mrs. Bergantz would like the applicant to submit a plan that shows both proposed landscaping and buildings. She would, also, like the Board to review the surrounding areas with regards to established Conservation Easements; both Mrs. McCooey, the adjacent property owner, has placed a portion of her property placed in a conservation easement and an additional nearby property owner his land in a conservation easement with the Town.
The Board concluded that they would request fees from the applicant and that buffering will be used to minimize sight issues.
Chairman Schechter made a MOTION, seconded by Mrs. Bergantz to ACCEPT FEES in lieu of land.
MOTION UNANIMOUSLY APPROVED.
2. C.B. File #24-08 Superior Heat Company, 3461 N. Benzing Road, located to the west of Route 219 and east of the backside of the Ashley Furniture Store, Zoned I-1; SBL#152.18-1-7. Requesting a Building Permit to construct a 2,500-sq. ft. addition on the east side of the existing building for warehouse space. Town Board referred to Conservation Board on 5/21/08. NOTE: Applicant was granted two-Area Variances on 10/21/08 by the Zoning Board of Appeals; firstly to allow increased front yard parking and secondly to allow paving up to the lot line.
APPEARANCE: Mr. Dan Sundell, RLSA
Mr. William Klink, Applicant/Property owner
Mr. Sundell presented and explained the proposed landscaping plan to the members. He discussed several trees that were lost at the site and the fact that the existing utility water line creates a difficulty in locating plantings. He told the Board that the intention is to screen the building.
Mr. Klink told the Board that a recent theft occurring at his property led him to removed trees to open up the view of the property to prevent a reoccurrence.
Councilwoman Ackerman discussed access to North Benzing and a memorandum of understanding between the Town of Orchard Park and the County with Mr. Klink.
Mrs. Bergantz stated she would like replacement trees planted at the site in a certain area; however it was noted that the area in question is owned by the Town of Orchard Park. Highway Superintendent Piasecki will be contacted regarding this request. This site has constraints and it was noted that Mr. Klink is doing the best he can.
Mr. Newton made a MOTION, seconded by Mr. Loesch to ACCEPT the plan as presented.
The Chairman moved that the Conservation Board accept the landscape plan as revised; all lighting is to be directed downward toward the site; any dumpster is to be screened; a three-year Landscape Completion Bond in the amount of $6,640.00 or a certified check for 1/2 the amount of the landscaping ($3,320.00) is to be presented to the Town Clerk prior to receipt of a building permit. Approval is contingent upon acceptance by the Town Engineering Department of the drainage plan.
MOTION UNANIMOUSLY APPROVED.
OTHER BUSINESS:
The Board members reviewed the “landscape completion bond” form with the members.
A new book was added to the Planning Office “library” and it is available in the Planning Office. (“Conservation Designs for Subdivisions”)
The members determined that a motion should be prepared for the next meeting, wherein bonds will no longer be acceptable; cash must be submitted by applicants to guarantee plantings for a period of three-years.
The members discussed the dedication ceremony that had been held at McFarland Green for the statuary known as “Breaking Ground” depicting a Quaker farmer and horse. Mrs. Connie Lydon and Mr. George Schichtel agreed to provide landscaping for the site.
DATED: December 1, 2008 Respectfully submitted,
REVIEWED: December 2, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman