Minutes of the November 3, 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
Thomas Jaeger
James Loesch
Frank Newton
David Ward
EXCUSED: Anne Bergantz
George Schichtel
Andrew Sako, Alternate
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:
A MOTION was made by Mr. Loesch, seconded by Mr. Jaeger, to accept the minutes of the October 6, 2009 meeting.
MOTION UNANIMOUSLY APPROVED.
1. C.B. File #37-09, Calipari, proposed 1-Lot Subdivision, 1.89 +/- acres, 3269 Baker Road, located on the east side of Baker Road, Zoned R-2. Requesting Pre-Application Findings Review of a 1-lot subdivision. (SBL#153.15-1-19)
The Board members reviewed the proposed subdivision. Mr. Loesch expressed that the Town Engineering Department is awaiting a delineation of the wetlands at this site; the Conservation Board members advocate that the applicant avoid the wetlands with any construction activity.
A MOTION was made by Mr. Loesch, seconded by Mr. Ward that the Board requires fees in lieu of land with the STIPULATION that the Town of Orchard Park Engineering Department is to review the wetlands delineation portion of the report pertaining to this property. In addition, the applicant is to comply with Section 120-3F of the Town Code regarding one street tree to be planted.
MOTION UNANIMOUSLY APPROVED.
2. C.B. File #22-09, 3730 & 3720 California Road, Simoncelli Electric, requesting a Building Permit and Site Plan Approval for a proposed 12,240 +/- sq. ft. addition to an existing building, Zoned I-1. (SBL#’s 161.05-2-24-1 & 161.09-1-16.11) Town Board referred to Conservation Board on 6/17/09.
APPEARANCE: Mr. Frank Brzezinski, Landscape Architect
Planning Coordinator Orffeo verified that review of this project had been delayed for nearly two-months due to the lack of a submission of a requested typed and signed SEQR document.
Mr. Brzezinski presented and explained the proposed landscape plan to the Board. He noted that during his preliminary review of the site he found that the planted landscaping varied slightly from the original plan. Mr. Brzezinski noted that he is not sure if the site had originally been proposed with two-phases. He further noted that he physically located and identified all existing plants at the site and that in one location where the plan had called for Douglas Fir he found Colorado Spruce planted. He assured the Board that the plan prepared today by him is accurate. Mr. Brzezinski discussed locating a new berm in one area to buffer the neighbors to the north. He told the members that the berm was located to allow for potential expansion at the site.
Chairman Schechter noted that a neighbor, Mr. James McNichol, was present and that he would like to speak to the members regarding his concerns for buffering.
Mr. McNichol discussed his concerns regarding the buffering of his property from lighting at this site. He indicated on the site plan where his home was located. Mr. Brzezinski stated that it would not be a problem to locate me McNichol’s home and determine where to place the buffer to effectively screen his residence. The Board concluded that a revised plan, using trees of 7-ft. to 8-ft. in height, would provide increased relief to Mr. McNichol’s residence. Also, Mr. Loesch felt trees of this height are a good compromise in consideration for the trees that will be removed from the site to construct the proposed addition.
Council member Ackerman told Mr. McNichol that the Planning Board, also, addresses the proposed lighting during their review of the project.
Mr. Loesch asked that the trees be planted staggering them, on center on the proposed new berm.
Mr. Jaeger discussed buffering for the neighbor further and indicated he was not sure if the length of the berm would need to be increased. This will be determined when Mr. McNichol’s residence is located by Mr. Brzezinski and the plan is revised. Mr. Jaeger also noted that there may be additional trees needed to accomplish the buffering of Mr. McNichol’s residence. Mr. Brzezinski stated that he did not feel additional 7-ft. trees would be a problem. It was also noted that if the site were to have future development they would need to appear before the Conservation Board for review and the Board would address additional buffering needs for the neighbors at that time.
Chairman Schechter told Mr. Brzezinski that the applicant must combine the two lots, presently using two sub lot numbers into one lot, with one sub lot number. Mr. Brzezinski stated that he would advise his client.
Mr. Jaeger made a MOTION, seconded by Mr. Newton to CONDITIONALLY APPROVE the plan with revisions to be made as discussed by the Board; 7-ft. trees are to be planted in a staggered pattern. Mr. Brzezinski is to make a determination if the berm is to be lengthened toward the west; he will locate Mr. McNichol’s residence on the revised landscaping plan, locate the berm and capture the angle; with the stipulation that all lighting is to be directed downward toward the site; any dumpsters are to be screened; a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $21,925.000 or a certified check for ˝ the amount ($10,962.50) 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 and review of the revised Landscaping Plan and Landscape Value Estimation form by a Conservation Board Member.
THE MOTION WAS UNANIMOUSLY APPROVED.
3. C.B. File #28-09 David M. Burke for Dato Development, 3705 & 3707 Southwestern Blvd., located on the south east corner of Southwestern Blvd. and Taylor Road, Zoned I-1. (Former site of “End Zone”; existing structures were demolished) Applicant proposes to construct a 2,809-sq. ft. “Value Auto Care Center” building. Conservation Board approved plan at 9/1/09 meeting. Applicant is submitting revised plan for Board review.
APPEARANCE: Mr. Frank Brzezinski, RLA
Mr. Brzezinski presented and explained the revised landscaping plan to the members. The plan was revised to address the Planning Board’s concerns that were established during a concept review meeting. He told the members that the value amount of the landscape estimation has not changed.
Mr. Loesch established that a row of existing trees is not on the applicant’s property. He noted he feels the plan is good.
Mr. Jaeger commented on a safety issue that he feels the applicant should speak to his architect about regarding the entranceway into the building.
Mr. Loesch made a MOTION, seconded by Mr. Jaeger to APPROVE the plan as presented.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $18,455.00 or a certified check in the amount of $9,227.50 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.
4. C.B. File #32-09 HSBC Bank, 3049 Orchard Park Road, bordered by Orchard Park & Union Roads, Zoned B-2. Applicant is requesting a Building Permit and Site Plan approval to construct a new drive-thru ATM lane, island and by-pass lane. Town Board referred to Conservation Board on 10/7/09.
APPEARANCE: Mr. Martin Rose, MRA
Mr. Rose presented and explained the proposed landscaping plan to the Board. He also distributed photos of the site for their review and discussed the drive-thru area.
Chairman Schechter told the applicant that the landscape plans must be stamped by a New York State registered landscape architect.
Mr. Jaeger made a MOTION, seconded by Mr. Loesch, to CONDITIONALLY APPROVE the plan that must be stamped by a RLA, as discussed by the Board. Once the Planning Coordinator received the stamped plans he will insert a file memo in the file indicating that the plans have been received and that they are properly stamped by a RLA.
THE MOTION WAS UNANIMOUSLY APPROVED.
The Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $3,500 or a certified check in the amount of $1,750.00 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.
OTHER BUSINESS:
Mr. Loesch relayed a messaged from Board member Anne Bergantz regarding a correspondence from the Land Trust Alliance regarding conservation easement policy and tax credits.
Mr. Orffeo stated that he will arrange to meet with Town Attorney Leonard Berkowitz to discuss the Conservation Easement law further and he will speak to Mrs. Bergantz to incorporate her information.
Mr. Loesch discussed a conversation he had with Town Attorney Leonard Berkowitz regarding the Pace Law School tutorials with Mr. Orffeo. Mr. Orffeo noted that by State law, Planning and Zoning Board of Appeals members cannot be re-appointed unless they have met this training certification requirement. Mr. Orffeo stated he will discuss this further with Mr. Berkowitz.
The meeting was adjourned at 7:42 P.M.
DATED: November 25, 2009 ` Respectfully submitted,
REVIEWED: December 1, 2009 Rosemary M. Seivert
Conservation Board Secretary
Richard Schechter, Chairman