West Seneca Planning Board Meeting Minutes 05/18/2005

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 Nigro, seconded by Niederpruem, to approve Minutes #2005-04 of April 20, 2005.

NEW BUSINESS COMMUNICATIONS

2005-06

A request from Russell Marong & Edward Taylor for a rezoning for property located at 1543 Orchard Park Road, being part of Lot No. 417, changing its classification from R-60A to C-1, for a beauty salon.

Motion by Mendola, seconded by Niederpruem, to open the public hearing.

2005-06   (continued)

Chairman Ciancio stated that along with the application the Planning Board had received a survey, a short environmental assessment form, and a deed description. He noted that the environmental assessment form indicated that the existing structures would be removed; however, the petitioners had advised that they decided not to remove the structures.

Edward Taylor, 7 Rock Dove Lane, Orchard Park, stated that he had been trying to sell the property for over a year, but no one was interested in buying it because it was zoned residential and there were too many businesses around it. He now had someone interested in using it for a beauty salon, but a rezoning to C-1 was necessary for that use. The house and small building next to it would be used for the beauty salon along with the parking lot. Mr. Taylor noted that the property was used for several years as a beauty salon and nail boutique, and that was the use at the time he and Mr. Marong bought it at the foreclosure. They bought the property because they were buying other property on Berg Road, but that deal fell through. If they had known that, they would not have bought the property on Orchard Park Road. Mr. Taylor stated that a woman who was interested in the property lived in West Seneca and owned a beauty salon in Buffalo, but there was no signed contract with the individual.

Mr. Niederpruem questioned Mr. Taylor’s intention for changing the character of the lot and building.

Mr. Taylor stated that he had no intention of changing anything, but he could not speak for the party that was interested in buying the property. Since he and Mr. Marong bought the property, they cleaned it up and removed the rubbish and lumber, took the chicken coop down, and got rid of the mice and rodents. Mr. Taylor understood that the prospective owner would be keeping the property the same.

Mr. Casciano did not believe the Planning Board could even discuss the property being used for a beauty salon since there was no signed contract. The only thing they could consider was rezoning the property to C-1.

Mr. Greenan stated that the Planning Board had never approved a rezoning without the property owner telling them exactly what they intended to do. If Mr. Taylor had presented plans for a beauty salon, including parking and lighting, the Planning Board could act on the request. However, the application being presented to the Planning Board was basically a “blank check” and he was not wiling to approve that. He suggested that Mr. Taylor find a buyer for the property that had specific plans and then return to the Planning Board.

2005-06    (continued)

Mr. Mendola noted that a prospective buyer could purchase the property contingent on the rezoning.

Mr. Greenan advised that the contingent buyer must have an extremely specific plan for the property.

Jeanette Connors of Connors Kennels, 1589 Orchard Park Road, stated that her property was located next to the property in question and the prospective buyers had visited her and explained their intention to use the property for a beauty salon. One of the women currently operated a beauty salon and had been in business for a long time. Mrs. Connors had no objection to the property being used for a beauty salon, but was concerned about the stone that was dumped at the rear of the property.

Chairman Ciancio stated that the Planning Board had previously dealt with this issue on a prior rezoning request. A fence was supposed to be put up and he questioned if it had been constructed yet.

Code Enforcement Officer William Czuprynski stated that the fence was not constructed yet, but the stone had been removed.

Mr. Taylor advised that he had hired a company to remove everything that Mrs. Connors was referring to. The Berg Road property owner that had dumped the stone was supposed to install a fence.

Mrs. Connors questioned why the property had to be rezoned to C-1 when the previous owner operated a beauty salon under the R-60A zoning.

Mr. Greenan advised that the present zoning permitted a beauty salon and related businesses as long as the owner lived on the property. At that time, the owner lived on the property.

Vernon Probst, 1535 Orchard Park Road, stated that he was not against a beauty shop, but did not want to see the zoning changed to C-1 because of the other possibilities under that zoning. He suggested spot zoning just the house and other building rather than the entire parcel.

2005-06    (continued)

Mr. Greenan stated that when the Planning Board reviewed the plans prior to the meeting, he concluded that a line drawn 150 feet from Orchard Park Road would include both the house and the garage or shed. This would eliminate the rear portion of the property from the rezoning. If Mr. Taylor were to return to the Planning Board with a specific plan, Mr. Greenan recommended that he limit the zoning change request to just what was necessary along Orchard Park Road, rather than the entire parcel.

Janine Gavin-Pokrandt, 1600 Orchard Park Road, stated that she lived across from the proposed beauty salon and a rezoning request was submitted 10 years ago for this property. Ms. Gavin-Pokrandt was opposed to the rezoning at that time and was still opposed to it because of some of the uses that fell within the C-1 zoning. Although she was not opposed to a beauty salon, Ms. Gavin-Pokrandt did not want to see the property rezoned and questioned if there was anything else that could be done to allow the beauty salon without changing the zoning.

Mr. Greenan stated that the property could be rezoned to C-1(S), which would only allow a specific use, such as the beauty salon.

Motion by Niederpruem, seconded by Casciano, to table this item until the next meeting to allow Mr. Taylor an opportunity to present a specific plan for the property.

On the question,

Motion by Greenan, seconded by Casciano, to amend the motion and table this item until Mr. Taylor submits a specific plan for the property, not to exceed six months.

ADJOURNMENT

Motion by Greenan, seconded by Niederpruem, to adjourn the meeting at 8:05 P.M.

PATRICIA C. WISNIEWSKI, RMC/CMC
SECRETARY