Minutes of the September 2, 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
Anne Bergantz
James Loesch
Thomas Jaeger
Frank Newton
George Schichtel
David Ward
OTHERS PRESENT: 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:
The Chairman stated that the July 1, 2008 and August 5, 2008 meeting minutes will be voted on at a later date.
OLD BUSINESS:
1. C.B. File #11-07, McGard, 3875 California Road, Zoned I-1. Board tabled discussion of tree caliper at the July, 2008 meeting.
APPEARANCE: Mr. Robert Wagner, Construction Engineer Manager
The Board discussed the fact that the trees planted did not meet the required caliper measurement that had been previously agreed upon. It was noted that the trees appear to be in good shape. The Board concluded that the applicant is to submit a landscaping plan prepared by a NYS registered landscape architect proposing additional trees to enhance the site.
2. C.B. File #37-07 Ashley Furniture out-parcel and Ashley Furniture site, bordered by Amelia Drive on the west and Milestrip Road on the south, Zoned B-1. Board members to discuss plantings at this site with property owner, Mr. Steve Kane.
Mr. Schichtel and Chairman Schechter recused themselves from voting in this case.
APPEARANCE: Mr. Steven Kane, Applicant/Property Owner
Mrs. Connie Lydon, RLA
Mr. Kane stated that he feels the site looks good and that the landscaping has been completed. He told the Board that he has removed and cleaned the vines along the fencing and has been watering the plantings. In addition, he has been maintaining and mowing the State & NYSEG property.
The Board reviewed the latest proposal for the remaining out-parcel area at the site and they also reviewed the Ashley site in general and had the following comments:
• Several trees are not planted, as per the previously agreed upon landscaping plan.
• Plantings behind the building are not surviving.
• The Board would like a maintenance schedule submitted from Mr. Kane.
Mrs. Lydon told the Board that the trees missing are trees that are to be transplanted and that these trees will be moved and re-planted in October.
Mrs. Bergantz discussed her feelings regarding Mr. Kane’s R.O.W issue. She stated that she would like it to look as beautiful as his neighbor’s (Quaker Crossing). Mr. Kane told the Board that he does not own this land and that Ms. Rachel Buchan of NYSEG does not want plantings in the R.O.W. area and that she frequently calls to inquire when the plantings that were put in will be removed. NYSEG has made it very clear to Mr. Kane that the trees and plantings are to be removed. Mr. Kane stated he feels, “Mr. Buchheit has more clout than he does”.
Mrs. Bergantz feels that Mr. Kane must rectify this situation in some other way; she discussed having plantings located at the corner of the building. Mrs. Bergantz stated that if the Board had reviewed this project, knowing that plantings could not be in the R.O.W. area the landscaping plan would have been approved differently. She feels there must be some way to resolve the issues at this site. Mrs. Bergantz discussed her research of the minutes from the past regarding this project, noting that meadow type plantings had been discussed for this area. Mrs. Lydon discussed the meadow planting idea further with the Board and explained that it is taking longer for the plantings to establish themselves at the site.
Acting Chairman Loesch would like Mr. Kane to advise the Board when the trees have been relocated and he also requests that Mr. Kane submit a revised landscaping plan. In addition, a maintenance schedule is requested for the Board’s review. The Board discussed having the trees removed and replanted between 10/15/08 through 11/15/08.
A MOTION was made by Acting Chairman Loesch, seconded by Mrs. Bergantz to TABLE this case.
3. C.B. File #14-08, Calamar/Senior Services, Inc. is requesting SR designation and is proposing to develop a 90-unit Independent Living Apartment Complex, (Eagle Crest Senior Apartments) Vacant Land located at the end of Weiss Avenue, Zoned B-2 & R-3. Town Board referred to Conservation Board on 4/2/08. Board to review revised landscaping plan based on their comments.
Mr. Schichtel recused himself from voting in this case.
APPEARANCE: Mr. Adam Walters, Attorney
Mrs. Connie Lydon, RLA
Mr. Ken Franasiak, Calamar
Mr. Phil Silvestri, Silvestri Architects
Mr. Paul Bowers, Wm. Schutt & Associates
Mr. Walters presented a revised plan based on comments the Board members made at their August meeting. He noted that that the Board’s comments were strongly considered and taken to heart for the residents that will live at the facility and for the residents of the area. Mr. Walters also noted that the Town Board has scheduled a public hearing on 9/17/08 for the SR designation request.
Landscape Architect Connie Lydon presented the revised plan to the Board in detail and outlined the changes and varieties that will be used at the site. She told the Board that plantings were added to provide screening of the parking lot for the residents of the facility. Also, additional plantings were added at the base of the building to soften the look of the facility. She told the Board that the cul-de-sac area has 2-10-inch Maple trees that may be able to be kept at the time of construction. Mrs. Lydon stated that her goal is to have the site to be “loose” and have a natural setting.
Mr. Loesch determined that the cul-de-sac meets the Town Highway requirements. He discussed the land donation to the Town and would like this area placed into a permanent conservation easement zone. Mr. Walters stated that Calamar is happy to donate recreation land to the Town of Orchard Park.
Chairman Schechter stated that Calamar agreed at the Planning Board meeting in July, 2008 to donate land for expansion of the adjacent Town Park and/or placing it under a perpetual conservation easement at the Town’s discretion.
Mrs. Bergantz stated that she visited a Calamar project site located in Tonawanda, New York and she would like the Planning Board to be aware of what she observed and take into consideration the comments she has regarding this project during their Site Plan review. Mrs. Bergantz noted that she observed buildings that had cinder block and siding that came down to the ground. She feels additional landscaping is needed at these areas to soften the look. In addition, utilities, such as air conditioning units, gas lines coming out of the building, etc… are not shown on the site plan and they need to be screened with plantings.
Mrs. Bergantz confirmed that the applicants had contacted the owner of the adjacent vacant land, Mr. Norman Grotke, who resides on Boldt Court. Mr. Adams told the Board members that that Mr. Grotke requests that the applicants be sure to have the survey line correct.
Mr. Adams, also, told the Board that during the second meeting with the neighbors, several residents expressed their concerns regarding viewing the facility from their residences. Mr. Adams noted that there is approximately 300-feet of existing vegetation between the site and these residences.
Mr. Loesch stated that he feels that the property owners are in control of their own destiny and that they should not rely on a third party to provide screening. The Board members agreed that property owners have the ability to plant material on their own property to address this issue.
Mrs. Bergantz asked for additional clarification on the ditch and drainage plans for the site. Mr. Bowers explained the area on the site plan noting that the culvert is super-sized to collect storm water to help alleviate the water problems that exist in the area.
Mr. Ward discussed with Mrs. Lydon the Maples trees that she would like to preserve in the cul-de-sac area. He inquired what the option would be if the Maple trees could not be used and Mrs. Lydon told the Board that she would include a notation on a finalized plan indicating a replacement if that possibility occurred.
Mrs. Bergantz made a MOTION, seconded by Mr. Newton to APPROVE the plan as presented and noted the following:
1. If the building does not have stone around the base the Planning Board is to consider additional planting material added to soften the area, per the discussion of the Conservation Board members.
2. The Board recommends that the land donation be placed into a permanent conservation easement area or that it be made additional parkland area.
3. The finalized plan will include a notation indicating what planting will be used if the Maple trees are not useable.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $52,900.00 or a certified check in the amount of $26,450.00 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.
THE MOTION WAS UNANIMOUSLY APPROVED.
4. C.B. File #44-06, Buffalo Harley-Davidson, 140 Mid County Drive, located at the northwest corner of Mid County and Milestrip Road, Zoned I-1. Applicant is requesting Board approval of proposed plan to mitigate tree removal that occurred on property.
Mr. Loesch recused himself from voting in this case.
APPEARANCE: Mr. John Brinkworth, Applicant/Property Owner
Mr. Scott Witter, RLA
During their work session, the Conservation Board members discussed with Mr. Witter the proposed plantings for the site and their proposed locations. They told Mr. Witter that they would like the plan to indicate what currently exists at the site.
Mr. Schichtel noted that he has observed re-growth occurring at the site and poor drainage conditions. He asked Mr. Witter to revise the presented plan by eliminating or “x-ing out” some of the selections based on what is re-growing, keeping in mind the height of plantings and their growth. He told Mr. Brinkworth that a new Landscape Value Estimation Form will need to be submitted to the Planning Office. It is likely that the total amount will be less than the original submission of $18,250.00; therefore, the difference that remains will be considered a fee payable to the Town of Orchard Park.
Mr. Ward stated that the re-growth occurring at the site may develop to be denser that what had existed at the site, prior to the tree cutting.
Mrs. Bergantz discussed the fact that the original approval granted for Mr. Brinkworth to operate his business at this site was based on his agreement to “not to touch” the trees.
The Board concluded that a revised plan is to be submitted indicating the plantings that currently exist on the property, their location and the plantings proposed by the applicant.
Mrs. Bergantz made a MOTION, seconded by Mr. Schechter, to TABLE the review of this case pending the receipt of a revised plan based on the comments of the Board.
THE MOTION WAS UNANIMOUSLY APPROVED.
5. C.B. File #10-07, Orchard Grove Apartments, 152-unit Apartment Complex proposed by Brian Young upon 18.8 +/- acres of Vacant Land, located on the west side of California Road, SBL#161.18-1-3, Zoned R-4. Conservation Board approved a landscaping plan for this project on 6/5/07. Board to review revised landscaping plan.
APPEARANCE: Mr. Brian Young, Applicant/Developer
Mr. Young told the Board that an additional piece of property was acquired and added to this site. The project was revised; there are now a total of 160-units and the density has been reduced.
Mr. Young presented and explained the revised landscaping plan to the Board.
The members discussed the presented landscaping plan. It was established that the number of plantings and the Landscape Value Estimation Form ($61,430.00) has not changed.
Mr. Ward stated that he feels the changes to the plan are minimal.
The Board members stated that they find the plan acceptable.
Mr. Schechter made a MOTION, seconded by Mr. Jaeger, to APPROVE the plan as presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
6. C.B. File #28-08, Johnson Office Building, Vacant Land, South Taylor Road, Zoned I-1, SBL#161.19-2-5.1. Applicant is proposing the construction of a 3,100 +/- sq.ft. office building. Town Board referred to Conservation Board on 6/18/08. Note: Zoning Building of Appeals granted an Area Variance on 8/21/07 for a 15-foot setback.
APPEARANCE: Mr. Frank Brzezinski, RLA
Mr. Brzezinski presented and explained revised plans for Phase I and Phase II as requested by the Board. In addition, he submitted the Landscape Value Estimation Form.
Mr. Loesch made a MOTION, seconded by Mrs. Bergantz to ACCEPT the plan for Phase I and Phase II as presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS:
1. C.B. File #14-06, Mills Distributing, 3360 Benzing Road, located on the west side of Benzing Road, Zoned I-1. (SBL#152.13-3-23.2) Applicant proposes to construct a 7,000-sq.ft. addition to the existing building. Town Board referred to Board on 3/01/06.
Chairman Schechter recused himself from voting in this case.
APPEARANCE: Mr. John Mills, Applicant/Owner
Mr. Patrick Sheedy, The Krog Corp
Mr. Sheedy presented and explained the proposed landscaping plan. He told the Board that Mr. Mills is proposing to construct a 7,000-sq.ft. addition to the existing building on the west end of the building.
The Board discussed the plan noting the following:
• Two (2) existing red maples were discussed.
• The minimum size caliper for trees is 2-1/2; Mr. Schichtel would like the applicant to choose a better variety than “October Glory”. He also suggests that landscape architect study the site again and use nice specimen trees at the front. (“Red Sunset Maple”)
• Drainage at the site was discussed.
• It is not possible to have landscaping at the entranceway; it is narrow and there is not enough room to plant. Also, tractor trailers enter and exit here and salt is used through the winter months.
The Board suggests the planting of several trees at the front (“Autumn Blaze”).
Mr. Ward stated that he would like to see ornamental trees with color at the front.
The members concluded that they would like the applicant’s landscape architect to review the plan further with regards to trees and plant material.
Mrs. Bergantz made a MOTION, seconded by Mr. Schechter, to CONDITIONALLY APPROVE the presented plan, based on the landscape architect reviewing the plan and adjusting the plan as follows; 2 maples trees are to be changed to “Autumn Blaze”; the minimum size caliper of the trees is to be 2-1/2”; the plan is to have further landscaping detail located at the front of the building as discussed by the Board. Two members from the Board will review the revised plan to be submitted to the Planning Office.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
1. C.B. #36-08, Iroquois Drive Condominiums, Vacant Land located at the north end of Iroquois Drive, west of Route 219, Zoned R-3. (SBL#152.10-5-7) Applicant is proposing the construction of 44-condominiums. Board to review concept plan.
APPEARANCE: Mr. Pete Johnston, Wm. Schutt & Associates
Mr. Ralph Lorigo, Attorney
Mr. Lorigo presented and explained the plans for the proposed condominiums to the members. He stated that the proposal is to construct 44-units upon 11.4-acres; the applicant proposes to have access through a private street maintained by a homeowners association.
Mr. Peter Johnston stated that he would like to know if the Conservation Board will request fees or park land. He told the Board that if the applicant is asked to provide the minimum Town requirement of 4-acres for parkland the viability of the project will be severely impacted.
Mr. Lorigo noted that land versus fees this is a major issue for the project. He indicated on the site plan two areas of nearby Town recreational land; one was the “Berman Playground” located along the side of Iroquois Drive.
Mrs. Bergantz noted that the utility R.O.W. is adjacent to the site and that it acts as a barrier, separating the applicant’s property from the Town’s recreational park land. The other Town park land is located on the other side of the Route 219 expressway. Mrs. Bergantz inquired if the applicant had permission to gain access to the Town’s park land, known as “Berman playground” through the R.O.W. property. This was not established.
Mr. Newton established that the proposed condominiums will be two-bedroom ranch units, with lofts selling for approximately $250,000.00 and up. He also noted that he feels a land donation is not easily accomplished at this site.
Mr. Ward discussed what appeared to be a stub road on the site plan and he established that this area is a turn-around. He suggests the use of grass pavers in this area for connection.
Mr. Schichtel discussed the north side of the property. It was established that this area was adjacent to back yards of homes located along Berg Road.
Planning Coordinator Orffeo discussed a memo from the Town Engineering Department that had been read at the Planning Board meeting of August 13, 2008 with the Conservation Board members. (This memo is below for informational purposes.)
Iroquois Drive Condominiums Project Concept Plans
o The concept Site Plan’s present layout is unacceptable; Iroquois Drive extension must be a public roadway cul-de-sac extension or looped roadway extension (built to Town Standards) for traffic, public safety and egress/ingress.
o The concept Site Plan’s present layout does not facilitate traffic for large vehicles including large emergency vehicles, garbage, plow trucks, etc. (looping required or needed?)
o Note: A connection to Berg Road is possible, if required by the Planning Board.
o The concept Site Plan must be revised to depict the development’s watermain alignment for feasibility verification. This is a low pressure area.
o The concept Site Plan must be revised to depict the development’s sanitary sewer system alignment for feasibility verification.
o We are not aware of any problems with sanitary sewer capacity in the area. However, this must be confirmed with ECDEP and ECSD#3, if connection the County trunk line is needed.
o The concept Site Plan must be revised to depict tentative locations of proposed light standards on both sides of the roadway for proper coverage. Final locations light standards will be determined by the NYSEG and the Town.
o With the close proximity of the NYSEG high power lines, the presently proposed building locations must be questioned for safety, etc., and this issue of locating building adjacent to the power lines must be coordinated with NYSEG accordingly.
o The concept Site Plan must be revised to depict existing and proposed contours to verify proposed locations of retention pond; positive outfall and emergency spillway location and access to these structures must be depicted.
o Note: The existing Iroquois Drive residents have problems presently with stormwater run-off as the flow pattern seems to be from north to south (this must be addressed as a part of this proposed project), if it is allowed to proceed, and from south to north; both flow patterns caused drainage problems at the end of the existing roadway and in the existing residents yards.
o The concept Site Plan must be revised to depict recreational land to be conveyed to
the Town, if required by the Planning Board.
o The concept Site Plan must be revised to depict the proper buffering / mitigation
o for possible state wetlands and depict the federal wetlands onsite (as depicted on the present boundary survey).
Mr. Lorigo noted that he feels a detention basin will solve some of the water issues for the neighbors residing on Iroquois drive. It was established that there are no State wetlands at the site; there are Federal wetlands, however the applicant is avoiding development in these areas.
Mrs. Bergantz stated that she feels there are many units proposed for the site and that the residents need to have a common space as this is not a single family home project where a resident has room for a back yard playground area. Although there are two recreational areas nearby, Mrs. Bergantz does not feel they can be easily accessed by the residents of the proposed project. She would like the project to have a basic common green space area. She also would like the applicant to see if it would be possible to establish a pedestrian access to the utility corridor.
Mr. Ward discussed establishing a berm or mounds with a variety of plantings.
Mr. Jaeger discussed a compromise of a land donation of less than the minimum 4-acre requirement. He feels the expressway and the utility easements have created a hardship for the applicant.
The members discussed the project further and determined that they would ask for fees; however, they would also like the applicant to provide a walkway or wandering paths to a landscaped “commons area” possibly located in the center of the site. The Board requests that the applicant return with a plan showing a revised concept plan.
Mr. Schichtel discussed accomplishing the open space area and feels relocating the driveways will aid in accomplishing this.
The discussion concluded with Mr. Lorgio noting that the applicant will need a variance from the Zoning Board of Appeals to reduce the 50-foot setback requirement to establish a “commons area” as suggested by the members. Mr. Lorigo stated that he will apply to the Zoning Board of Appeals for the required variance in order to accomplish what the Conservation Board has requested.
DATED: October 27, 2008 Respectfully submitted,
REVIEWED: December 2, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman