Minutes of the December 1, 2009 meeting of the CONSERVATION BOARD of the TOWN OF ORCHARD PARK, Municipal Center, Upstairs Conference 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
Thomas Jaeger
James Loesch
Frank Newton
Andrew Sako, Alternate
George Schichtel
EXCUSED: David Ward
OTHERS PRESENT: Council Member 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:
The Chairman stated that the November minutes were not available and that they would be voted on at the next meeting.
New Business:
1. C.B. File #35-09, Steve Schneckenberger, 2861 Southwestern Boulevard, located on the south side of Southwestern Blvd., Zoned B-2 & R-3. (SBL#153.06-2-4) Applicant is requesting to rezone R-3 portion of property to B-2 in order to construct a 100-ft. x 60-ft. pole barn for storage of equipment. Town Board referred to Conservation Board on 10/7/09.
APPEARANCE: Mr. Steven Schneckenberger, Applicant/Property Owner
Robert Frazer, L/A
Planning Coordinator Remy Orffeo stated that Mr. Schneckenberger has requested that the rear portion of his property be rezoned to B-2. He is seeking the Conservation Board’s approval of the landscaping plan for this project; however, the project is dependent upon the rezoning request being approved by the Town Board.
Mr. Frazer presented and explained the plan to the members.
Mrs. Bergantz discussed several concerns she had that including buffering for the neighboring residential properties at the rear and east side of this property. She noted that it is always a problem when a commercial and a residential property abut one another. She recommends that the existing 40-foot buffer be maintained. In addition, she feels the proposed row of trees should be doubled at the rear and at the side of the property to assist with buffering the neighboring property.
Mr. Schichtel stated that he agrees with Mrs. Bergantz and he would like the applicant to use another variety other than the proposed Silver Maple. He suggested Red Maple or Oak trees.
Mr. Loesch stated he agrees with Mr. Schichtel’s and Mrs. Bergantz’s comments regarding the project. The Board does not want the resident to be impacted negatively.
Mr. Jaeger established that there is no dumpster at the site; what is pictured in one portion of the aerial photo is a pile of fire wood.
Mr. Newton reconfirmed that Conservation Board approval is conditional upon Mr. Schneckenberger receiving approval of the requested rezoning of the property.
Mr. Schneckenberger stated that to help move the process along with his request, his review by this Board was taking place a bit out of order. He feels that normally, he would already be rezoned by the Town Board and the Conservation Board would not have had the option of stipulating that the 40-foot buffer remain at the rear of the property. He further commented that he feels the request to keep the 40-foot buffer will negatively impact him; he prefers to leave 20-feet.
Mr. Frazer discussed with the Board the planting of the double row of trees and whether deciduous trees could be used. Mr. Schichtel told Mr. Frazer that he prefers not to have deciduous trees planted; the discussion concluded with the Board advising the applicant that he must plant 6 (six) additional evergreen trees.
Mrs. Bergantz stated that maintaining the existing 40-foot buffer area is not a “grey area” for the Board; the Board wants a double row of trees at least 8-feet in height, planted in a staggered manner to provide a buffer for the rear and side neighbors’ property.
Mr. Loesch stated, “That a double row is a small price to pay for the piece of mind that you get down the road.”
Mrs. Bergantz stated that she will support the approval of the proposed landscaping plan if the Board stipulates the rear buffer remains with the double row of trees planted as discussed.
Council Member Ackerman stated that the Town Board can make these stipulations a part of the rezoning motion; if Mr. Schneckenberger does not agree to them, the Town Board has the discretion to not grant the rezoning request.
The Board and Mr. Schneckenberger discussed relocating the building upon the property. Mr. Jaeger established that locating the building on the east side of the property is not possible due to the turning radius required for trucks.
Mr. Schichtel asked the applicant to review the submitted Landscaping Estimation Form from the view of solely retail cost. Although the applicant may be the contractor at the site, but the Board needs the estimation form to be calculated on the projected full retail costs.
Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, to CONDITIONALLY APPROVE the plan, subject to the rezoning of the property by the Town Board. Revisions are to be made to the plan as discussed by the Board: the rear setback is to be no less than 40-feet; the berm at the rear southern part of the property is to remain; however, a double row of trees, adding 6 (six) evergreens, is to be planted to buffer the residents; this is important because of the rezoning of the residential property to commercial. In addition, the proposed Silver Maple trees are to be replaced with Red Maple or standard Columnar English Oak. A revised Landscape Plan and Revised Landscape Estimation Form must be submitted to the Planning Office. Planning Coordinator Orffeo will contact Mr. Schichtel to review the submission.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost (Board to be advised) or a certified check in the amount of (to be advised) 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 #41-09, Center Place, 310 Sterling Drive, located on the west side of Sterling Drive, Zoned I-1. (SBL#152.19-1-27) Applicant is requesting to install 13-additional parking spaces with a snow piling area at this site. Town Board referred to Conservation on 11/4/09.
Chairman Schechter recused himself from voting in this case.
APPEARANCE: Mr. Russell Anderson, Regent Development, LLC
Acting Chairman James Loesch asked Mr. Anderson to present the proposed landscape plan to the members.
Mr. Anderson told the Board that adding on to the existing building has been discussed; however, he is before the Board seeking approval for the proposed landscaping plan with the construction of thirteen (13) additional parking spaces at this site.
Several of the Board members commented that during their on-site inspection they observed that there is a need for additional parking spaces at this site. Upon reviewing the proposed plan, the members determined that they do not support the proposed layer of stone in the snow pile area. The members feel this will create confusion at the site for patients as they may believe the area is additional parking space. In addition, maintenance issues exist with stone. Therefore, the Board prefers grass to be planted in the snow pile area. The
applicant is to submit a revised Landscape Plan and Landscape Value Estimate Form reflecting this change. Also, the plan must indicate the location of the dumpster.
Mr. Jaeger made a MOTION, seconded by Mr. Sako, to CONDITIONALLY ACCEPT the plan subject to the applicant submitting a revised plan based on the Board’s comments as follows: The revised plan is to indicate that grass is to be planted in the far west area designated for snow piling; a revised Landscape Value Estimate Form is to be submitted; and the location of the dumpster is to be shown on the plan.
The Acting Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost ($7,600.00) or a certified check in the amount of ($3,800.00) 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.
3. C.B. File #46-09 Birdsong Estates Home Owners Association, Inc., Jewett-Holmwood Road, located on the north side of Jewett-Holmwood Road, Zoned R-1. Representative to discuss proposed revised landscaping plan for Birdsong subdivision entranceway.
APPEARANCE: Mr. Tom Summory, representative of Birdsong H/O/A
Planning Coordinator Remy Orffeo told the Board that the Birdsong Home Owners Association is seeking acceptance of the presented sketch plan designed to enhance the subdivision’s entranceway. It was learned that Planning Board member John Bernard reviewed a proposed lighting plan and found no issues with the proposal and that that the Highway Department will move the existing identification sign into the parkland area entranceway.
Mr. Loesch noted that he feels the plan is a good move.
Mr. Schichtel discussed a problem with the survivability of Ash trees planted in the subdivision. Council Member Ackerman questions if this is a Tree Conservancy issue.
A variance granted for lighting at the sight was discussed; however, it was noted that it had not been acted upon and that the variance had expired after one-year.
Chairman Schechter made a MOTION, seconded by Mrs. Bergantz to support the petitioner’s proposal.
THE MOTION WAS UNANIMOUSLY APPROVED.
Other Business:
1. Mr. Bob Kobielski, 153 Stepping Stone. Mr. Kobielski would like to speak to the members regarding buffering concerns he has relative to Carleton Controls two-phase expansion adjacent to his property. Note: The Board approved the landscaping plan for Phase 1 on 6/30/09.
Mr. Kobielski told the Board that he believes his bordering neighbor, Carleton Controls, removed approximately 200-trees during Phase I of their approved expansion plan. He told the Board that he feels the area was dramatically altered with the tree removal that occurred. He provided photos of the site for the Board’s review, noting that he feels 151, 153 and 145 Stepping Stone are the most affected by the recent tree removal.
Mr. Kobielski also submitted a correspondence from the Stepping Stone Home Owner’s Association and a petition signed by 94-citizens expressing their concern regarding the impact that Carleton Technologies may have on their community. He acknowledges that Carleton Controls is a viable business in Orchard Park; however, he is seeking respect for the home owners of the area.
The Town Code requirements regarding setbacks were discussed and it was noted that a commercial business is allowed to build up to the neighboring property line; whereas, Mr. Kobileski’s residential property must maintain a minimum of at least a 15-foot side setback from his property line.
Mr. Kobielski would like the Home Owner’s Association and Carleton Controls to meet and find a solution to buffer the residents. He noted that a slight berm exists on their property; however, since the time of the tree removal by Carleton Controls, there are now issues with water retention and the visual ambiance for the area residents.
Mr. Bob Byledbal, of 145 Stepping Stone, told the Board that prior to the tree removal he enjoyed a view of trees; now his view is of garbage trucks and tractor trailers.
The Board discussion concluded that it is not known if Carleton Controls will return to develop Phase II; however, a note will be placed in the file indicating that the residents are open to the planting of trees upon their property. Mr. Kobielski told the Board that he feels that if trees are planted or presently existing in the brush area where they were removed, they most likely will not grow or survive due to water and snow piling.
Planning Coordinator Orffeo stated he will contact Mr. Kobielski at the first of the New Year to arrange a meeting with himself, Carleton Controls, the Home Owners’ Association, and a representative of the Conservation Board.
The meeting was adjourned at 8:08 P.M.
DATED: January 04, 2010 ` Respectfully submitted,
REVIEWED: January 13, 2010 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter, Chairman