West Seneca Planning Board Meeting Minutes 01/19/2005
Chairman Joseph Ciancio called the meeting to order at 7:30 P.M. followed by the Pledge to the Flag.
ROLL CALL: Present -
Robert Niederpruem Jr.
William H. Bond, Deputy Town Attorney
Robert Pinnavaia, Assistant Code Enforcement Officer
Absent - None
Chairman Ciancio read the Fire Prevention Code instructing the public where to exit in case of a fire or other emergency.
APPROVAL OF PROOFS OF PUBLICATION
Motion by Mendola, seconded by Rathmann, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES
Motion by Niederpruem, seconded by Mendola, to approve Minutes #2004-09 of December 15, 2004.
NEW BUSINESS COMMUNICATIONS
A request from Paul Hersee for a special permit for property located at 418 Meyer Road, being part of Lot No. 77, changing its classification from M-2 to M-2(S), for antique auto restoration.
Motion by Mendola, seconded by Nigro, to open the public hearing.
Chairman Ciancio stated that along with the application the Planning Board had received a description of the building, a plot plan, a short environmental assessment form, a deed description, and a survey. A letter was also received from the property owner, Albert Pearce, stating that approximately 50 x 54 of the new building would be used for antique car restoration.
The petitioner, Paul Hersee, 120 Willowdale Drive, stated that the building was currently under construction and his business would occupy Unit #1 as indicated on the plan submitted.
Mr. Greenan suggested that the special permit only apply to the 50 x 54 portion of the building along with access to Meyer Road. Everything north of the line 109 feet from the north line of Meyer Road would be eliminated, so the rear of the property would be excluded from the special permit. The special permit would apply only to the west 105 feet of the property, and the legal description would have to be revised to reflect these changes.
Mr. Mendola noted that Mr. Hersee was not the property owner and did not have the authority to discuss any portion of the property other than the 50 x 54 portion of the building that he would be leasing.
Mr. Niederpruem questioned if Mr. Hersee was currently operating this business at another location or if it was a new business. He further questioned if all work would be done inside the building.
Mr. Hersee responded that he had been operating the business with a friend in Springville for the last 3½ years. Prior to moving to Springville, he had operated the business at two locations in West Seneca for seven years. All work would be done inside the building. It was high end, magazine quality work.
Motion by Greenan, seconded by Casciano, to close the public hearing.
Motion by Greenan, seconded by Rathmann, to recommend approval of the request for a special permit for property located at 418 Meyer Road, being part of Lot No. 77, changing its classification from M-2 to M-2(S), for antique auto restoration, noting that a legal description should be drafted and used in the notice of public hearing before the Town Board that contains the west 105 feet of the property shown on the survey and a depth of 142 feet from the center line of Meyer Road.
On the question, Mr. Mendola stated that he was only in favor of granting a special permit for the 50 x 54 portion of the building. He did not want to include any portion of the property that the property owner was not aware of.
Mr. Greenan advised Mr. Hersee that the updated legal description was needed before a public hearing could be scheduled.
Mr. Niederpruem also suggested that the property owner, Mr. Pearce, submit a letter stating that he was in agreement with the special permit being applied to a 105 x 142 portion of the property and not just the 50 x 54 portion of the building.
A request from Baird M. Hageman for a special permit for property located at 512 Bullis Road, being part of Lot Nos. 362 & 374, changing its classification from M-1(S) to M-1(S), for automotive service and repairs, specializing in custom vehicle restyling and graphic design.
Motion by Mendola, seconded by Rathmann, to open the public hearing.
Chairman Ciancio stated that along with the application they had received a short environmental assessment form, a survey, a deed description and a view map.
Attorney Jeff Markello, 6890 Seneca Street, Elma, represented the petitioner, Baird Hageman, and indicated the location of the building on the survey. The property owner, James Metz, was using a portion of the property as a retail store for pool sales and shipping and receiving for the pool business. Mr. Markello further commented on the surrounding properties and their uses.
Asst. Code Enforcement Officer Bob Pinnavaia advised that the property was actually zoned M-2 rather than M-1. There was previously a special permit for concrete products production, but that expired after one year of non-use.
Mr. Niederpruem questioned the length of the block building that would be used for the business.
Mr. Markello responded that the building was approximately 191 x 74. Mr. Hageman would not be occupying the entire building and would only occupy the west ½ portion. He was requesting a special permit for the entire building, because it was expected that the tenants on the east would be vacating and Mr. Hageman might want to expand and occupy the entire building. There were three bays in the western portion of the building, one on the west side and two on the south side.
Chairman Ciancio noted that the deed description submitted was for the entire parcel.
Mr. Markello stated that he had received a call from Deputy Town Attorney William Bond informing him that the deed description would have to be amended. Mr. Hageman was concerned about ingress and egress to the property and how much he intended to use, so Mr. Markello did not have a description ready but would have it for the public hearing before the Town Board.
Chairman Ciancio questioned how Mr. Hageman would access the property.
Mr. Markello referred to the gravel drive indicated on the survey and stated that this could be used to access Old Bullis Road or Old Bullis Road could be accessed from the point where it met Bullis Road. Mr. Markello noted that the town currently still maintained Old Bullis Road, at least with regard to plowing it.
Mr. Greenan noted that Mr. Metz did not own the gravel drive, but he suggested that large trucks use it for access rather than the sharp right turn at Bullis Road and Old Bullis Road.
Mr. Niederpruem requested a brief description of the business.
Mr. Markello responded that Mr. Hageman did specialty painting on vehicles. He worked for Delaware Collision for eight years and did all aspects of collision work, vehicle graphics, and paint design. He also spent three years at Saturn of Orchard Park doing similar work. Mr. Hageman had been doing this type of work on his own as HB Designs for the last two years with his own clientele developed based on his expertise from his former employers. It was mostly exterior work on vehicles, but Mr. Markello noted that this was in no way a junkyard and he did not intend to rehabilitate junk vehicles.
Mr. Greenan questioned if excluding collision work and painting would adversely affect the business.
Baird Hageman, 380 Seneca Creek Road, stated that his business involved custom paintwork, body kits, window tinting, rims and accessories, truck bedlining, or any other type of vehicle accents. He would also do some collision work.
Mr. Rathmann questioned how paint fumes would be eliminated without putting them into the neighborhood.
Mr. Markello responded that Mr. Hageman was aware of OSHA regulations and the requirements for disposing of hazardous materials. He would be using Safety Kleen for removal of hazardous waste. Twice each month they would remove unused paint, oil, lacquer, and other materials. There was a cement block paint chamber with a fire door within the building that would meet regulations.
Mr. Mendola questioned if Mr. Hageman would have to submit a plan for the paint chamber to the Building Department for their approval.
Mr. Pinnavaia responded that a building permit would be required and plans would have to be submitted at that time.
Mr. Markello stated that the paint chamber pre-existed Mr. Hagemans business. Mr. Hageman had not done any major remodeling to the building.
Mr. Pinnavaia stated that his department would have to determine whether a building permit was issued for the paint chamber. If not, Mr. Hageman would have to meet the code. According to Building Department records, the building was previously used for storage.
Mr. Mendola expressed concern about storage of vehicles outside the building.
Mr. Hageman stated that there was sufficient room inside for storage of vehicles so they would not be an eyesore to the neighborhood.
Mr. Markello stated that there were unlicensed vehicles on the site at the present time, but they were not associated with Mr. Hageman or his business.
Mr. Greenan determined the description of the parcel to be as follows: approximately 300 feet along the north; approximately 95 feet along the east to the centerline of Old Bullis Road; the centerline of Old Bullis Road on the south; and a line drawn at a right angle from north to south on the west 300 feet from Transit Road.
Mr. Markello was concerned that the concrete pad immediately in front of the block building be included in the description and that the north lot line be extended approximately 320 feet from the west line of Transit Road, which would be about even with the cement tank tower indicated on the survey.
Mr. Casciano requested clarification on the M-1(S) and if they could prohibit vehicles without license plates from being parked on the property.
Mr. Greenan stated that he was prepared to make a motion for general automotive use except exterior storage of unlicensed vehicles.
Mr. Pinnavaia noted that general automotive use was considerably extensive. It included selling cars, changing engines, inspections, etc. Mr. Pinnavaia suggested that the special permit be limited to collision work and painting.
Mr. Greenan responded that his intention was to allow Mr. Hageman to paint, do bodywork, and other automotive work, but not park junk vehicles outside. An M-1 zoning classification did not allow outside storage of vehicles.
No comments were received from the public.
Motion by Greenan, seconded by Mendola, to close the public hearing.
Motion by Greenan, seconded by Casciano, to recommend approval of the request for a rezoning and special permit for property located at 512 Bullis Road, being part of Lot Nos. 362 & 374, changing its classification from M-2 to M-1(S), for automotive service and repairs, specializing in custom vehicle restyling and graphic design, noting that the special permit area is designated as follows: bounded on the north by the Pennsylvania Railroad a line 320 feet long starting from the west line of Transit Road; bounded on the east by Transit Road starting at the Pennsylvania Railroad and going south approximately 95 feet to the centerline of Old Bullis Road; bounded on the south by the centerline of Old Bullis Road and Old Bullis Road now abandoned; bounded on the west by a line drawn at right angles to the Pennsylvania Railroad and 320 feet west of Transit Road as measured along the railroad.
On the question, Mr. Pinnavaia stated that it was the opinion of the Building Department that the entire property could be zoned M-1(S) and the special permit use could be limited to one corner of the lot without legally describing it. Mr. Pinnavaia further questioned how Mr. Metz felt about his property being downgraded from M-2 to M-1.
Mr. Markello responded that Mr. Metz signed the rezoning application and was aware of the zoning change.
Mr. Greenan referred to the definition of public garage in the ordinance and thought that this described what Mr. Hageman was asking for. The definition included storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
Mr. Markello responded that the definition did not include collision or painting. He requested that general automotive use be specified with limitations as outlined by the Planning Board.
Motion by Greenan, seconded by Niederpruem, to amend the motion and recommend approval of the request for a rezoning and special permit for property located at 512 Bullis Road, being part of Lot Nos. 362 & 374, changing its classification from M-2 to M-1(S), for a public garage as defined in §120-64 of the ordinance with the inclusion of collision work and painting, noting that the special permit area is designated as follows: bounded on the north by the Pennsylvania Railroad a line 320 feet long starting from the west line of Transit Road; bounded on the east by Transit Road starting at the Pennsylvania Railroad and going south approximately 95 feet to the centerline of Old Bullis Road; bounded on the south by the centerline of Old Bullis Road and Old Bullis Road now abandoned; bounded on the west by a line drawn at right angles to the Pennsylvania Railroad and 320 feet west of Transit Road as measured along the railroad.
APPOINTMENT OF 2005 OFFICERS
Motion by Mr. Greenan, seconded by Mr. Rathmann, that the current officers of the West Seneca Planning Board continue to serve for the year 2005.
Motion by Rathmann, seconded by Mendola, to adjourn the meeting at 9:00 P.M.
PATRICIA C. WISNIEWSKI, RMC/CMC