West Seneca Planning Board Meeting Minutes 03/16/2005
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
William P. Czuprynski, Code Enforcement Officer
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 Rathmann, seconded by Niederpruem, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES
Motion by Niederpruem, seconded by Rathmann, to approve Minutes #2005-02 of February 16, 2005.
OLD BUSINESS COMMUNICATIONS
A request from Philip E. Badame for a rezoning for property located at 2437 Berg Road, being part of Lot No. 417, changing its classification from C-1 to C-2, for a landscape business.
Motion by Greenan, seconded by Niederpruem, to open the public hearing.
Chairman Ciancio stated that along with the application the Planning Board had received a deed description, a survey, and a short environmental assessment form.
Philip Badame, 80 Briar Hill Road, Orchard Park, stated that his tenant had been operating a landscape business at this location for more than six years, but Code Enforcement Officer William Czuprynski recently notified him that the business was in violation of the current zoning. Mr. Badame’s tenant occupied an 800 square foot building at the rear of the property and it was not visible from Berg Road. There were no customers that visited the business, no retail sales from the property, and there was not even a telephone in the building. Mr. Badame just put electricity in the building this past summer. Mr. Badame’s tenant installed paving blocks and the purpose of the building was primarily for him to maintain his tools and equipment. During the operating season, there was very little equipment stored there because it was always out on jobs. He presented pictures of the property prior to his purchase of it six years ago and pictures showing the improvements he had made to it. Mr. Badame stated that his tenants included a chiropractor, a furniture store and the landscape business, and they were all good tenants. He did not intend to change anything on the property, but was willing to put up a fence around the perimeter of the property. Mr. Badame stated that when he purchased the property the taxes on it were just under $6000 per year. One year later the taxes jumped to $9000 and they were currently around $10,000. Mr. Badame noted that the building was not very rentable because there was not much space, and it would cause him a problem making his mortgage payment if he were to lose his tenant.
Mr. Niederpruem questioned if the small metal garage in the back would be part of the rezoning. He further questioned the purpose of the fence that stuck out into the driveway.
Mr. Badame responded that he wanted both metal garages in the rear to be part of the rezoning. The fence was put up as a screen for a motor home that was parked there and to give his residential neighbor some privacy.
Mr. Niederpruem questioned if Mr. Badame would agree to screening the entire rear portion of the property with the same style stockade fence.
Mr. Badame stated that he had no problem putting up a fence and had planned to do that this year.
Deputy Town Attorney William Bond questioned what was located on the east side of the property.
Mr. Badame responded that the property on the east was zoned R-60, but there was a logging business located there.
Mr. Bond advised that under the Zoning Ordinance a fence was required when commercial property abutted residential property.
Mr. Greenan questioned if Mr. Badame had building permits for the two buildings at the rear of the property.
Mr. Badame responded that the small building was located on the property when he purchased it. He added the second building and obtained a variance and building permit at that time. The variance was to allow the building to be moved closer to the property line, and although it was granted, he had to keep the building 25 feet off the property line because of the type of structure.
Mr. Rathmann questioned if the landscape contractor used both buildings or just the smaller one.
Mr. Badame advised that the landscape contractor only used the small 800 square foot building at the far rear of the property.
Mr. Rathmann questioned the need to rezone the larger building too.
Mr. Badame responded that the larger building was only used for storage of motor homes, so it did not need to be rezoned.
Mr. Greenan questioned where the logging business was in relation to Mr. Badame’s property.
Mr. Badame indicated the location of the logging business on the survey with its entrance off Orchard Park Road.
Mr. Rathmann questioned if the landscape contractor stored vehicles on the property during the day or if he just used the building for repair and maintenance.
Mr. Badame responded that the landscape contractor had four dump trucks, but they were usually out on jobs and often stayed on the job. At the end of each day there might be two vehicles on the property. He also had a small backhoe on a trailer, but that was usually out on a job and stayed on the job. The employees also parked their cars in the parking lot during the day.
Chairman Ciancio questioned where the equipment was stored in the winter and if there was any lighting at the rear of the property.
Mr. Badame responded that the equipment was stored on the property in the winter and there were trucks there at the present time, but he understood that the tenant would be getting rid of two or three of them. He also stored some of the paving blocks on the property, but it was leftovers from a job and not his stock supply. Mr. Badame stated that he had installed new lighting on the main building and on the newer building to light up the property. The police suggested this after he had a trailer stolen out of the parking lot. After the lighting was installed, the next door neighbor complained that she couldn’t sleep at night, so he disconnected most of the lights on the back building. The only light currently operational was one light on the side of the small metal building.
Jeannette Connors of Connors Kennels, 1589 Orchard Park Road, was concerned about trucks driving over the stoned area of the property. She further commented on the noise coming from the generators of the motor homes.
Mr. Niederpruem stated that a fence was required and that would prevent the trucks from driving on the stoned area.
Mr. Badame stated that he no longer owned the property Mrs. Connors was referring to. He had installed the stone on that property when he owned it and had obtained a dumping permit for it. Mr. Badame further stated that the motor homes were inside the building and the only time the generators were started was once a month when they left the building.
Motion by Greenan, seconded by Rathmann, to close the public hearing.
Motion by Greenan, seconded by Rathmann, to recommend approval of the request for a rezoning for property located at 2437 Berg Road, being part of Lot No. 417, changing its classification from C-1 to C-2, for a landscape business, with the following stipulations: 1) the northwest 200 feet of the property (defined as a line drawn parallel to Berg Road 200 feet southeasterly therefrom as measured at right angles) be excluded from the rezoning; 2) the east line designated on the survey as being 161.3 feet have a stockade fence erected prior to September 1, 2005; 3) a stockade fence be erected along the south line indicated on the survey as 71.27 feet prior to September 1, 2005.
Motion by Rathmann, seconded by Greenan, to adjourn the meeting at 8:15 P.M.
PATRICIA C. WISNIEWSKI, RMC/CMC