Minutes of the September 1, 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: George Schichtel, Acting Chairman
Anne Bergantz
Thomas Jaeger
Frank Newton
Andrew Sako, Alternate
EXCUSED: Richard Schechter, Chairman
James Loesch
David Ward
OTHERS PRESENT: Remy C. Orffeo, Planning Coordinator
Harold Fabinsky, Planning Board Chairman
Rose Seivert, Conservation Board Secretary
The Acting 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 Acting 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.
Board member George Schichtel recused himself from this case and Thomas Jaeger was the Acting Chairman for this portion of the meeting.
APPEARANCE: Mr. Steven Kane, Applicant/Property Owner
Mr. Kane told the Board that he believes that he has completed the required landscaping for his site and he noted that he intends to continue the upkeep on the site to maintain its appearance. He noted that both Mr. Loesch and Mrs. Bergantz recently inspected the site and complimented him on its appearance.
Mrs. Bergantz stated that she would like the revisions that were made to the landscaping plan documented.
Planning Coordinator Remy Orffeo stated that the revisions are listed and attached to the maintenance program contained in the file. He told the members that Mrs. Connie Lydon, the landscape architect for the project had indicated to him that she does not feel a new bond is warranted for the new plant material as the amount of material involved is not sufficient.
Mr. Kane stated that he is willing to write a letter to the Board stating that it is his sincere commitment to maintain his property; if he does not, he accepts that the Board will require him to have a bond placed back on it. He feels that the Board knows him well enough to believe that his word can be trusted. He further noted that, although it is not his property, he will continue to clean-up the D.O.T. area and mow the other areas that are not his property.
Planning Coordinator Orffeo told the Board that if the site does not comply the Building Inspector can cite the owner of the property for non-compliance.
Mrs. Bergantz expressed concern for the new plantings, noting that technically the Board requires a bond for the next two-years. Mr. Kane stated that if any of the new plantings die he will remove them and replace them.
Mr. Jaeger stated he takes Mr. Kane at his word. Several other Board members agreed.
Mr. Newton established that Mrs. Lydon signed-off on the Landscape release form and that the changes to the landscape plan have been documented.
Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, to ACCEPT the revised landscape plan with the understanding that the submitted maintenance agreement is to be adhered to; the Board further directs that Planning Coordinator Remy Orffeo is to release the Landscaping Bond.
THE MOTION WAS UNANIMOUSLY APPROVED.
NEW BUSINESS
1. C.B. File #24-09 Amigone Funeral Home, 6170 West Quaker Street, located on the north side of West Quaker (Route 20A) Zoned B2. Amigone Funeral Home is requesting a Building Permit and Site Plan approval to construct a 3,300 sq. ft. addition to the existing building and provide approximately 13-additional parking spaces with site improvements. Town Board referred to Conservation Board on 8/19/09.
APPEARANCE: Mr. Frank Brzezinski, LSA
Ms. Terry Meyers, LBM Architects
Acting Chairman George Schichtel commented that he visited this site and was impressed with the current landscaping.
Ms. Meyers told the Board that the applicant would like to construct an addition to the existing building, expand the parking area and place island areas in the parking lot. She explained to the Board that they propose to move the existing driveway to further utilize the parking area and enhance the site with additional landscaping.
Mrs. Bergantz discussed the number of parking spaces that will be developed at the site. It was noted that the presented plan indicates that there will be a total of 53-parking spaces. Planning Coordinator Orffeo stated that, per the Town Code, it is the Boards’ discretion to determine if the applicant must meet the 10% green space requirement when the number of parking spaces at a project site exceeds 40-parking spaces.
Mr. Brzezinski explained the presented landscaping plan to the members. He told the Board that he feels the proposed parking lot area is safer and the space will be used more effectively.
Planning Coordinator Orffeo stated that he had received a note from the Engineering Department that there were substantial outstanding issues with this project.
The Board members discussed the proposed plan at length. It was determined that engineering issues may change the presented site plan and alter the proposed landscaping plan. However, the Board members felt a motion could be made for a Conditional Approval based on the presented plan; if changes occur to the plan, the applicant will need to return to the Board for review.
Mr. Jaeger, who is also a member of the Architectural Overly District, discussed the existing structure and the proposed addition with Ms. Meyers. She told the Board that she feels the new addition will blend with the 1890’s era structure.
Mrs. Bergantz stated that the outside utilities must be screened. She also stated that existing plant material that may be removed needs to be replanted; however, she noted that this is not identified on the presented plan and she feels it is important information.
Acting Chairman George Schichtel stated he would like the plan to indicate this information.
Mr. Yaeger 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 who will then determine if the revised submissions are acceptable. The applicant must appear before the Board for further review if the site is altered due to the Engineering Department’s review of the proposed Site Plan.
The Acting Chairman noted that a three-year Landscape Completion Bond (performance bond) in the full amount of the landscaping cost $5,130.00 or a certified check in the amount of $2,565.00 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.
2. 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. (Existing structures were demolished, former site of “End Zone”.) Proposal for one new project; (1) Construction of a 2,809-sq. ft. Auto Service Building. Town Board referred to Conservation Board on 8/19/09.
APPEARANCE: Mr. Frank Brzezinski, LSA
Ms. David Burke, Applicant, Property Owner
Mr. Burke told the Board that this site originally proposed two (2) projects; however, it has been revised to one (1) project proposing to construct a muffler facility.
Mr. Brzezinski explained the presented landscaping plan to the Board.
The Board members discussed the plan and determined that they would like a revised plan that indicates a defined entranceway into the building; this transition area can be defined with concrete and blacktop. They noted that the presented plan is not clear; the members had questions regarding vehicles that enter and exit the site and they expressed concerns for the safety of pedestrians.
Mr. Jaeger discussed the turning radius indicated on the Site Plan and he further discussed the design concept and layout of the proposed building. He told Mr. Burke that the main entranceway should be identified on the Site Plan and located closer to the proposed parking lot for easier customer access to the building.
Ms. Bergantz established that the spirea will be planted around the sign area.
Acting Chairman George Schichtel stated that the seven (7) Shade Master Locust trees shall be changed to Skyline Honey Locust as this species is easier to maintain.
Planning Coordinator Remy Orffeo stated that he received a comment from the DOT regarding the use of the curb cut on Route 20. He further stated that Town’s Public Safety Committee must review and comment on this project.
The Board members felt if revisions were made to the plan based on their comments, a Conditional Approval could be granted this evening. A Board member could review the revised plan when it is submitted and determine if it is acceptable.
Acting Chairman Schichtel noted that it is nice to have this amount of green space at the site with a muffler shop.
Mr. Brzezinski stated that once he has the revised building configuration he will revise the landscaping plan; he will also change the Shade Master trees to the Honey Locust species.
Mrs. Bergantz made a MOTION, seconded by Mr. Sako to ACCEPT the plan as presented with the following changes: the building entranceway must be identified; plantings are to be on Taylor Road and continue around to
Southwestern Boulevard; proposed Shade Master trees are to be changed to Skyline Honey Locust.
The Acting 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.
THE MOTION WAS UNANIMOUSLY APPROVED.
OTHER BUSINESS:
Planning Coordinator Orffeo notified the Board that the annual membership is due for the WNY Land Conservancy.
Mrs. Bergantz made a MOTION, seconded by Mr. Jaeger, to rejoin the WNY Land Conservancy and authorize payment of dues in the amount of $50.
THE MOTION WAS UNANIMOUSLY APPROVED.
Planning Coordinator Orffeo reported that he received a request from East Co of California Road for the release of their landscape bond. He told the Board that he performed a site inspection of the property and he found a discrepancy; therefore, he cannot release the bond. The Board asked Mr. Orffeo to contact the Landscape Architect that signed the Landscaping Certificate of Compliance Form to ascertain why a White Pine tree is missing and two (2) bushes are in its place.
The meeting was adjourned at 7:59 P.M.
DATED: September 25, 2009 Respectfully submitted,
REVIEWED: September 29, 2009 Rosemary M. Seivert
Conservation Board Secretary
George Schichtel, Acting Chairman