Minutes of the June 30, 2009 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
Frank Newton
George Schichtel
EXCUSED: Thomas Jaeger
David Ward
Andrew Sako, Alternate
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Harold Fabinsky, Planning Board Chairman
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 #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. Conservation Board tabled this case at their 6/2/09 meeting.
Chairman Schechter and Board member George Schichtel recused themselves from this case.
Due to the applicant’s lack of submission of requested materials for the Board to review prior to the meeting the case is tabled to the August meeting.
2. C.B. File #42-07, R.W. Construction, Inc., 65 Mid County Drive, located on the east side of Mid County Drive, Zoned I-1. (SBL#161.07-5-33) Applicant is requesting a Building Permit and Site Plan approval to construct a two-story addition, totaling 3,550 sq. ft., to the existing building. Town Board referred to Conservation Board on 9/5/07. Note: Applicant was granted a Front Yard Parking Variance by the Zoning Board of Appeals on 6/16/09. Conservation
Board tabled this case at their 6/2/09 meeting, pending the receipt of a revised plan.
APPEARANCE: Mr. Lowell Dewey, C & S Engineers
Mr. Dewey presented and explained a revised landscaping plan to the members. He told the Board that the proposed plan includes a fence to screen an outside storage area. In addition, the dumpster location is indicated on the Site Plan. Mr. Dewey stated that he feels the gas meter at the site will not be visible and the Board members concluded that it did not need to be screened.
The members agreed the revised plan is acceptable.
THE MOTION WAS UNANIMOUSLY APPROVED.
Chairman Schechter made a MOTION, seconded by Mr. Newton to ACCEPT the revised landscape plan.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $5,650.00 or a certified check in the amount of $2,825.00 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.
NEW BUSINESS
1. C.B. File #18-09, Volkswagen of Orchard Park, 3524 Southwestern Boulevard, located on the north side of Southwestern Boulevard and west side of Milestrip Road, Zoned I-1. (SBL#161.07-7-5) Applicant is requesting a Building Permit and Site Plan approval to construct additions to the existing building for a new showroom and customer waiting area, for combined new construction footage of 5,000-sq. ft. Town Board referred to Conservation Board on 5/6/09.
APPEARANCE: Mr. Bill Wincott, Architect
Mr. Wincott presented and explained the proposed landscape plan to the Board.
The Board discussed the project and felt they would like the plantings upgraded at the front of the building.
Mr. Schichtel told Mr. Wincott that, as time went on, he did not believe the applicant would be happy with what was chosen.
Mrs. Bergantz told Mr. Wincott that any project with more than 40-parking spaces must meet the 10% interior green space requirement. She stated it may be possible for the Board to consider a “trade-off”, in that, if the applicant revises the plan and upgrades the plantings at the front of the building, he may not be required to put in the island areas.
Mr. Loesch agreed with Mrs. Bergantz, noting that he feels it would be a hardship for the applicant to convert existing space into interior islands areas with plantings.
Mr. Newton agreed with prior comments made.
Chairman Schechter stated that the Board has the discretion to not require the 10% interior green space; in the Board’s opinion, the 10% green space will not add to the over-all ascetics of the site. He feels increasing the plantings at the front of the site will be a great compromise and he defers to Mr. Schichtel’s judgment in this matter.
Mr. Wincott told the Board he did not feel upgrading the plantings will be a problem and he, also, pointed out an error on the presented Site Plan with a “blank area” that will be corrected.
Chairman Schechter discussed the time-line for the project with Mr. Wincott.
It was determined that a revised plan will be submitted and Mr. Schichtel will review and deem if it is acceptable.
Chairman Schechter made a MOTION, seconded by Mrs. Bergantz to GRANT CONDITIONAL APPROVAL of a REVISED Landscape Plan and Landscape Value Estimation Form, to be submitted and reviewed by Mr. Schichtel and/or Mr. Loesch, who will then determine if the revised submissions are acceptable.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $5,000.00 or a certified check in the amount of $2,500.00 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. Engineering Department approval is not required for this project.
THE MOTION WAS UNANIMOUSLY APPROVED.
2. C.B. File #20-09, Carleton Technologies, 10 Cobham Drive, located on the north west side of Cobham Drive, Zoned I-1. (SBL#161.18-2-5.2) Applicant is requesting approval of a Building Permit and Site Plan approval for a two- phase project as follows: Phase 1, Construction of a 10-ft. x 95-ft. Patio addition and a 470-sq.ft. Test Room addition with site improvements; Phase II construction of 21,000 and 37,000-sq, ft. additions to the existing building and associated site modifications. Town Board referred to Conservation Board on 6/3/09.
APPEARANCE: Mr. Lowell Dewey, C & S Engineers
Mr. Dewey presented and explained the proposed landscaping plan to the Board. He told the Board that he is seeking approval for Phase I. Several of the existing island areas will now have trees planted in them. The plan includes a storm water management area known as an “aquatic bench” that will appear as a wetland. In addition, the storm sewer system will be updated and brought into compliance with current N.Y.S. DEC regulations. The plan provides for a 25-year storm event.
Mrs. Bergantz established that the total green space area is 59%, the interior green space is 10% and the submitted Landscape Value Estimation Form amount is $9,970.00. Mrs. Bergantz stated she likes the wetland concept. She questions how many parking spaces will exist at the site, noting that formal engineering drawings have not yet been presented.
Mr. Schichtel stated that he feels this is a tremendous plan; it is nice to see usage of land rather than a “big blob.”
Mr. Schechter made a MOTION, seconded by Mr. Schichtel to ACCEPT the landscaping plan as presented.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $9,970.00 or a certified check in the amount of $4,985.00 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 contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
3. C.B. File #21-09, Taco Bell, Vacant Land, located on the east side of Orchard Park Road, (Patrick Cannon Funeral Home is adjacent property on the north and Full Gospel Tabernacle is adjacent property on the south), Zoned B-2. (SBL#’s 152.16-4.1 & 152.16- 4-15) Applicant is requesting a Building Permit and Site Plan approval for the construction of a 2,719-sq. ft. Taco Bell restaurant, with a drive-through and customer parking. Town Board referred to Conservation Board on 6/3/09.
APPEARANCE: Mr. Lowell Dewey, C & S Engineers
Chairman Schechter recused himself from this matter.
Acting Chairman James Loesch asked the applicant to present and explain the proposed plan.
Mr. Dewey stated that the project is essentially the same site plan that had been approved in 2001. He noted that presently the site is a vacant lot with the remains of gravel/crushed stone from a former office building use. He told the Board that extensive buffering and landscaping will be put in and that the Landscape Value Estimation form totals to $15,000. The applicant is scheduled to appear before the Zoning Board of Appeals on 7/21/09 to request a variance for Front Yard Parking for two-parking spaces. A total of thirty-one parking spaces are proposed for this site.
Mrs. Bergantz established that the applicant and the Full Gospel Tabernacle are currently discussing an easement to access utilities.
Acting Chairman Loesch stated that correspondence is on file from Planning Coordinator Remy Orffeo to C & S Engineers with respect to the submitted SEQR Full EAF, wherein Mr. Orffeo notes that a letter must be provided from the applicant indicating that there is no endangered plant life at this site. Mr. Loesch noted that the Board needs this documentation in order to grant other than a “contingency approval” for the proposed landscape plan.
Acting Chairman Loesch made a MOTION, seconded by Mr. Schichtel to CONDITIONALLY ACCEPT the Landscape Plan as presented with the STIPULATION that the Applicant provides documentation that endangered or threatened plant life on the site has been identified properly, or further
indicates that there is no endangered or threatened plant life presently at the site.
The Acting Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $15,000.00 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 contingent upon acceptance by the Town Engineering Department.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
Planning Coordinator Remy Orffeo discussed the training session that was offered at the Orchard Park Country Club, noting that Mr. Newton, attended.
Mrs. Bergantz discussed Conservation Easement evaluation procedures and the McNerney property she had visited.
The meeting was adjourned at 8:00 P.M.
DATED: July 16, 2009 Respectfully submitted,
REVIEWED: July 24, 2009 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter, Conservation Board Chairman