Minutes of the September 30, 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
EXCUSED: George Schichtel
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:
The Chairman stated that prior meeting minutes will be voted on at a later date.
OLD BUSINESS:
1. 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
The Board reviewed the presented revised plan noting that Mr. Schichtel had suggested several changes to be made to the plan as follows:
• Replace October Glory with Red Maple.
• Shadow Glow Service Berry is to be 8-feet in size.
• Use 1.5” caliper for all trees.
• Plantings should be planted 9-inches higher than the finish grade.
Chairman Schechter noted that the original submitted landscaping value estimation fee had been $18,450.00; the difference remaining is $12,000.00.
The Board has determined that Mr. Brinkworth must guarantee plantings by submitting a 3-year landscaping bond in the amount of $12,000 or ½ this amount in cash ($6,000). The remaining balance of $6,450 will be earmarked for a to be determined fund at the Town level.
The Board agreed that a revised Landscape Value Estimation form and plan should be submitted to Planning Coordinator Orffeo.
Mr. Jaeger made a MOTION, seconded by Mr. Schechter to CONDITIONALLY APPROVE the plan with changes as identified by Mr. Schichtel.
Planning Coordinator Orffeo will notify Chairman Schechter when the revised plan is received for his review.
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS
1. C.B. File #2-06, Tim Horton’s Restaurant, 3275 Orchard Park Road, Zoned B-2 & R-3. Conservation Board to discuss revised landscaping plan.
APPEARANCE: Mr. Robert Bender, Tim Horton’s
Mr. Bender told the Board that he was present to speak regarding the Tim Horton’s Store located at the five-corners, 3275 Orchard Park Road, within the Top’s Plaza and not the store at 3239 Abbott Road as the agenda indicates. The secretary will make this correction.
Mr. Bender would like to have the landscaping bond released; however, he needs to satisfy the landscaping plan at the site. He explained to the Board that the original owner of the plaza is no longer Benderson Development, the firm that developed the landscaping plan is not in business and Wendy’s and Tim Horton’s are separate entities at the site. He told the Board that snow, salt and vehicle fumes have taken their toll on the plantings that had been agreed upon. Mr. Bender presented a plan indicating plantings currently present at the site. He noted that although some plantings agreed upon are not there, he feels that 44-additional plantings shown in the vicinity that had not been agreed upon were a good faith effort to maintain the spirit of the plan.
The Board noted that they had not visited the site due to the address confusion and they felt that they would need additional time to review what was presented. Mrs. Bergantz noted that besides reviewing the plantings currently at the site, she would like to review what had been originally agreed upon. She also noted that she is concerned about the survival and the maintenance of the plantings at the site.
Mr. Jaeger confirmed that the Wendy’s and Tim Horton’s franchises split at this site and that Benderson no longer owned the property. He suggests that Mr. Bender contact a registered NYS landscape architect to propose plantings for the site and start fresh with a new plan.
It was noted that the estimated value of the plantings may change.
Mr. Newton made a MOTION, seconded by Mr. Loesch, to TABLE this case.
2. C.B. File #43-08, WNY Pediatrics, 5800 Big Tree Road, located on the north side of Big Tree Road, west of Route 219. Applicant is proposing to construct an 8,000-sq. ft. expansion to the existing parking lot to provide additional parking spaces.
APPEARANCE: Connie Lydon, RLA
Dr. Gerald Lauria, WNY Pediatric Associates
Mrs. Lydon presented and explained the landscaping plan for the proposed project to the Board members. She told the members that tree protection for the existing trees was the most important part of the project and she presented photos for the members’ review of the site. She further explained that she would like to build up the woodland edge with plantings.
Mr. Jaeger established that this site was the former Gernold Insurance agency. Dr. Lauria told the Board that visitors are forced to Park along Route 20A.
Mrs. Bergantz discussed the area that drops off and inquired about a proposed transition wall. Mrs. Lydon noted that the area will be graded and shrubs will be planted to act as a bearer.
Mr. Loesch noted that this site is a beautiful area. He verified that the dumpster will be screened and that the gravel area he observed during his onsite inspection was part of the presented proposed parking plan.
Mr. Jaeger made a MOTION, seconded by Mr. Loesch, to ACCEPT the plan as presented.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost of $5,450.00 or a certified check in the amount of $5,450.00 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.
OTHER BUSINESS: 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.
Chairman Schechter asked Mrs. Bergantz to review Mr. Roberts’ property and to report her findings back to the Board.
DATED: November 4, 2008 Respectfully submitted,
REVIEWED: December 2, 2008 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter,
Conservation Board Chairman