West Seneca Planning Board Meeting Minutes 11/16/2005




WEST SENECA TOWN OFFICES   WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 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 -

        Joseph Ciancio, Chairman
        Robert Niederpruem Jr.
        Gerald Greenan
        Donald Mendola
        James Rathmann
        Anthony Nigro
        Edwin P. Hunter
        William P. Czuprynski, Code Enforcement Officer
        Paul Notaro, Deputy Town Attorney

    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 Rathmann, seconded by Niederpruem, to approve the proofs of publication and posting of legal notice.


Ayes: All Noes: None Motion Carried

APPROVAL OF MINUTES

Motion by Greenan, seconded by Mendola, to approve Minutes #2005-09 of October 19, 2005.

On the question, Chairman Ciancio stated that although Edwin Hunter was appointed prior to the last Planning Board meeting, he was not notified of the meeting and should not be listed as absent.

Motion by Greenan, seconded by Mendola, to amend the motion and approve Minutes #2005-09 of October 19, 2005 with the deletion of the roll call reference to Edwin Hunter.


Ayes: All Noes: None Motion Carried



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page two . . .


NEW BUSINESS COMMUNICATIONS

2005-014

A request from David J. Galbo, R.A. for a special permit for property located at 3502 Clinton Street, being part of Lot No. 38, changing its classification from C-2 to C-2(S), for sale of gasoline.

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


Ayes: All Noes: None Motion Carried

Chairman Ciancio stated that along with the application the Planning Board had received a survey, a deed description, a short environmental assessment form, and a site plan. He noted that this property was zoned properly for the proposed use and only required a special permit. A special permit was previously issued for the same use, but it had lapsed after not being used for that purpose in over one year.

David Galbo of Galbo Architects stated that there was formerly a Sunoco gas station on this corner of Union Road and Clinton Street, but it was closed several years ago. The current owners, Joga Singh and Mr. Pudie, purchased the property and had a ten-year lease with Sunoco to sell gas. Mr. Galbo further stated that the building will be renovated for a convenient store.

Mr. Greenan questioned if the building would be changed from a service station that did automobile repairs to a convenient store and if air would be offered or motor oil sold.

Mr. Galbo responded that the three former garage doors will be removed and glass inserted in their place. There will be no automobile service other than free air and it will be strictly a convenient store with gas sales. Motor oil may be sold within the convenient store, but there will be no repair work on site. The footprint of the building will not change and the pumps will be put back in the same location. The dumpster enclosure will remain and new doors will be installed to meet the town requirements.

Mr. Hunter questioned how long it had been since the storage tanks on the property were used.

Mr. Galbo responded that the storage tanks were not used in three years.

Mr. Niederpruem questioned the hours of operation.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page three . . .


2005-014    (continued)

Mr. Pudie responded that initially they will be open 18 hours and if the business does well they planned to open 24 hours.

Chairman Ciancio questioned if there will be any changes to the lighting.

Mr. Galbo responded that the lighting for the gas canopies will remain the same and the building had strip fluorescent hidden under the soffit that lit the face of the building.

Mr. Rathmann stated that it was indicated there were seven notes on the drawing, but he did not see any notes.

Mr. Galbo responded that there were some construction notes on the site plan. The sidewalk across the front of the building dropped down where the repair bays were, so they wanted this replaced properly. Other notes referred to the new doors on the dumpster and the existing lighting.

Mr. Rathmann noted that the access aisle for the handicapped parking space should be striped. He further questioned why the rear of the building was fenced in.

Mr. Galbo responded that the area behind the proposed convenient store was completely paved and contained the air conditioning unit. He assumed it was enclosed to keep children from the school next door from going in that area.

Motion by Greenan, seconded by Niederpruem, to close the public hearing.


Ayes: All Noes: None Motion Carried

Motion by Greenan, seconded by Niederpruem, to recommend approval of the request for a special permit for property located at 3502 Clinton Street, being part of Lot No. 38, changing its classification from C-2 to C-2(S), for sale of gasoline, not including the repair or servicing of motor vehicles, and for use of the current building as a convenient store.


Ayes: All Noes: None Motion Carried



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page four . . .


2005-015

A request from 150 Gemcor, LLC for a special permit for property located at 150 Gemcor Drive, being part of Lot Nos. 79, 80, 83, 84 & 87, changing its classification from M-2 to M-2(S), for an asphalt processing facility.

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


Ayes: All Noes: None Motion Carried

Chairman Ciancio stated that along with the application the Planning Board had received a contract on the land, a site plan, a survey, a legal description, and a short environmental assessment form.

Attorney Peter Sorge of Hopkins, Garas, Sorge, 5500 Main Street, Williamsville, and Robert Hill, 1520 Center Road, West Seneca addressed the Planning Board on this issue. Mr. Hill was the principal in this licensed limited corporation that was seeking to purchase and operate an asphalt processing facility on an 8.72 acre parcel. The M-2 zoning was proper for this use, but it required a special use permit. Mr. Sorge stated that Mr. Hill was seeking to purchase the property from a bankruptcy trustee. The property was previously granted a special use permit with some conditions; however, the owner ceased operations so the new owner had to reapply. Mr. Sorge noted that Mr. Hill was a businessman in the area for quite some time and had a good reputation for running a sound business. He thought this was a good project and a good opportunity for the property.

Chairman Ciancio questioned if the asphalt plant was ever put into operation after the previous approval was granted.

Mr. Hill responded that the asphalt plant was in operation for two construction seasons and was closed in 2003.

Mr. Niederpruem referred to the nine conditions that were placed on the previous special permit. The original plan was to bring the northbound traffic on Union Road underneath the railroad viaduct so the traffic would not be making a left hand turn, and he questioned if this had been done.

Mr. Hill stated that he was purchasing the parcel at 1655 Union Road and 150 Gemcor Drive from bankruptcy court, so they would be able to go through the property at 1655 Union Road as long as both sales went through. If they routed the traffic this way it would come out near the transmission shop and onto Union Road for the northbound traffic. The only problem there might be was that this would be on railroad right-of-way and he did not know if they would give their approval.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page five . . .


2005-015   (continued)

Mr. Niederpruem understood that Ebenezer Railcar had purchased this property from Conrail.

Mr. Hill did not believe it would be a problem getting approval from Ebenezer Railcar for use of the property.

Mr. Niederpruem questioned the capacity of the plant.

Mr. Hill responded that the plant had the capacity of making a four-ton batch every four minutes. At peak capacity this would be 250 ton per hour. The trucks each held 20 ton, so there would be 12 to 14 trucks per hour.

Mr. Greenan stated that at the time the initial special permit was approved, the town had not improved Gemcor Drive. The situation today was entirely different than five years ago.

Mr. Hill commented that there was a lot of truck traffic from Frey concrete for a number of years.

Chairman Ciancio noted that New York State Department of Transportation should be notified of this project for their input prior to the public hearing with the Town Board.

Mr. Hill stated that he would solicit letters from any agency that the Planning Board requested. He further noted that some of the conditions placed on the previous project were targeted to the previous owner and he was told to clean up his Union Road property. Mr. Hill understood that the property had been somewhat cleaned up and he intended to clean it up even more.

Mr. Niederpruem questioned if the New York Stated Department of Environmental Conservation (NYSDEC) had issued permits for air, water and wetlands on the previous project.

Mr. Hill responded that the NYSDEC had issued permits for the previous plant.

Mr. Mendola assumed that the town built the roadway with the intent that there would be a concrete or asphalt plant at the rear of the property, but they would still have to receive approval from Highway Supt. Patrick Finnegan and Town Engineer George Montz because of the tonnage on the road. Mr. Mendola suggested that the fire company servicing this facility be notified of the special permit request.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page six . . .


2005-015    (continued)

Chairman Ciancio stated that he had visited the asphalt plant in Springville five years ago and was surprised at the cleanliness of it.

Mr. Hill stated that there were no emissions like there used to be. The material was now cleaned more and there was a lot of maintenance to the filtering system to control the dust.

Mr. Greenan questioned if Mr. Hill was proposing any new construction or anything other than the same use as the previous owner.

Mr. Hill responded that his proposal was to reopen the plant as it was operating when it closed two years ago. There should not be any physical changes to the property.

Mr. Niederpruem referred to the concrete recycling across the street and questioned if Mr. Hill intended to keep that operation going.

Mr. Hill responded that it was important that he keep the concrete recycling operation going as it fit in with the blacktop operation. Old concrete was broken up and then used for underlayment in parking lots and driveways.

Mr. Sorge stated that Mr. Hill was willing to move the concrete recycling operation to the rear of the property so it would not be as visible.

Mr. Mendola suggested that Code Enforcement Officer William Czuprynski inspect the facility to ensure that it complied prior to Mr. Hill taking over.

Mr. Sorge did not believe that all the stipulations mentioned in the previous approval were complied with, but Mr. Hill was willing to comply.

Mr. Hill stated that the only stipulations he could not comply with concerned the concrete plant because he did not own it.

Amy Carpenter, 406 Woodward Crescent, questioned the hours of operation for the facility, whether an environmental impact study had been done, and if there was any kind of waste create from the operation.

Mr. Hill responded that normal hours of operation will be daylight hours, but they were finding more and more repair work being done at night. He also noted that there was no waste from the operation.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page seven . . .


2005-015    (continued)

Mr. Sorge stated that this project was an unlisted action and an environmental assessment form was required and was filed. The Town Board granted a Negative Declaration the last time and would also have to act again this time.

Karen Lucachick, 61 Greenmeadow Drive, was concerned about the increased truck traffic and also questioned if the operation produced any odor.

Mr. Hill responded that the operation burned natural gas so there was somewhat of an odor, but it was controlled as much as possible. The plant was operating for two years and he was not aware of any complaints from the neighbors.

Paula Minklei, Orchard Park Road, questioned if this facility would generate any additional tax revenue.

Deputy Town Attorney Paul Notaro stated that taxes on the property should be at the current assessed rate based on the existing development. There was no new development planned.

Mr. Hill stated that the property was in bankruptcy court, so taxes were not currently being paid on the property, but there would be no tax abatements on the property.

Mrs. Minklei further questioned if any variances were required.

Chairman Ciancio responded that no variances were required for the proposed project.

Motion by Greenan, seconded by Mendola, to close the public hearing.


Ayes: All Noes: None Motion Carried

Motion by Greenan, seconded by Nigro, to recommend approval of the request for a special permit for property located at 150 Gemcor Drive, being part of Lot Nos. 79, 80, 83, 84 & 87, changing its classification from M-2 to M-2(S), for an asphalt processing facility, with the following stipulations: 1) access to the property from the public road to the plant shall be paved with a blacktop pavement H-20 loading; 2) no aggregate washing on site; 3) receipt of permits for air, water and wetlands from the NYSDEC; 4) issuance of a Negative Declaration from the Town Board; 5) capacity of plant is limited to 4-ton.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2005-10
West Seneca, NY 14224 November 16, 2005
Page eight . . .


2005-15   (continued)

On the question, Mr. Mendola suggested adding a stipulation that the road going under Union Road be used for exiting the site northbound.

Mr. Greenan did not believe they could make Mr. Hill use this road that went across railroad property, which he did not own. He further did not believe they could make approval of this special permit contingent upon any conditions placed on the property across the street because Mr. Hill did not own that property yet.


Ayes: All Noes: None Motion Carried

ADJOURNMENT

Motion by Greenan, seconded by Rathmann, to adjourn the meeting at 8:30 P.M.


Ayes: All Noes: None Motion Carried




PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY