West Seneca Planning Board Meeting Minutes 06/21/2006




WEST SENECA TOWN OFFICES   WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006


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
        Anthony Nigro
        Edwin P. Hunter
        Paul Notaro, Deputy Town Attorney
        William P. Czuprynski, 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 Nigro, to approve the proofs of publication and posting of legal notice.


Ayes: All Noes: None Motion Carried


APPROVAL OF MINUTES

Motion by Niederpruem, seconded by Nigro, to approve Minutes #2006-04 of April 19, 2006.


Ayes: All Noes: None Motion Carried


NEW BUSINESS COMMUNICATIONS

2006-09

A request from Eleanor M. Bullard for a special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-2(S) to C-2(S), for service of alcoholic beverages.

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


Ayes: All Noes: None Motion Carried



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page two . . .


2006-09   (continued)

Chairman Ciancio stated that along with the application the Planning Board had received a short environmental assessment form, a deed description, a site plan, a survey, and a tax map. The site plan indicated the location of the proposed bar with six tables on the right side of the building.

The petitioner, Eleanor Bullard, 280 Woodward Drive, stated her proposal to convert her store located at 1492 Southwestern Blvd. into a bar. The store was not doing the business she had hoped for and she thought that a bar would compliment her pizzeria located in the same building. Mrs. Bullard currently had a liquor license to sell beer and wine at this location, and if the special permit were approved, she would need a license to sell alcohol (whiskey, etc.). The area indicated on the site plan was the only part of the building that would be used for the bar; the storage area at the rear would remain storage area.

Mr. Hunter questioned if a wall separated the pizzeria from the proposed bar and if that wall would be removed.

Mrs. Bullard responded that a full firewall separated the pizzeria and the store and that wall would remain. There was one entrance to the building and the pizzeria was straight ahead with the store off to the right. The pizzeria and store were both currently licensed for the sale of beer and wine.

Mr. Greenan questioned the dimensions of the actual bar area where the special permit would apply and if the west side was 58’7” as indicated on the site plan or 70’31” as indicated on the survey.

Mrs. Bullard responded that the bar area did not extend all the way to the garage door, so it was only 58’7”.

Mr. Nigro questioned if Mrs. Bullard had any future plans to use the large storage area at the rear of the building as a banquet hall.

Mrs. Bullard responded that there was a lot of space in the building, but right now they were just interested in a small portion for the proposed bar.

Mr. Mendola questioned if there would be any changes to the exterior of the building, including lighting.

Mrs. Bullard stated that they might put some lighting on top of the building to make it more visible.

No comments were received from the public.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page three . . .


2006-09   (continued)

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


Ayes: All Noes: None Motion Carried

Motion by Mendola, seconded by Niederpruem, to recommend approval of the request for a special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-2(S) to C-2(S), for service of alcoholic beverages, noting that the special permit will apply to a point 58’7” from the front of the building.

On the question, Mr. Greenan noted that the dining room extended farther back than 58’7”. He suggested an amendment to the motion stipulating that a legal description eliminating the storage area and including the parking area be presented to the Town Attorney’s office and Town Board prior to the public hearing.

Motion by Mendola, seconded by Niederpruem, to amend the motion and recommend approval of the request for a special permit for property located at 1492 Southwestern Blvd., being part of Lot No. 395, changing its classification from C-2(S) to C-2(S), for service of alcoholic beverages, conditioned upon an amended legal description being submitted to the Town Attorney’s office prior to the public hearing with the Town Board and noting that said legal description shall delineate the restaurant, bar, and parking area extending out to Southwestern Blvd. as indicated on the site plan.


Ayes: All Noes: None Motion Carried

2006-10

A request from Eldon & Margaret Greene for a home occupancy permit for property located at 201 Indian Church Road, being part of Lot No. 195, changing its classification from R-50 to R-50, for a gift shop/Internet sales.

Motion by Mendola, seconded by Nigro, 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 site plan, a survey, and a tax map.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page four . . .


2006-10   (continued)

Eldon Greene, 201 Indian Church Road, stated his proposal to open a small gift shop at his home to display some of the articles he and his wife sold online and possibly promote some sales from the shop itself. They hoped to derive 98 percent of their business from the Internet without having a lot of traffic in the neighborhood.

Mr. Greenan questioned what type of wares would be sold.

Mr. Greene presented a catalog of his wares and stated that they sold over 3500 products including crystal giftware, collectibles, small tool sets, toys, etc. There will be no warehouse involved; everything ordered will be shipped directly to the purchaser.

Mr. Mendola questioned if there was a plan for parking.

Mr. Greene responded that there was room for six to eight vehicles in their driveway, and there was also a wide shoulder on Indian Church Road for on street parking. They did not anticipate much traffic, possibly only two to three people per day, and if the business grew to more than that they would move to a commercial site.

Chairman Ciancio questioned if the Greene’s presently had a business.

Mr. Greene responded that their website was currently under construction.

Mr. Mendola noted that any sign advertising the business could only be 2’ x 2’ and not illuminated. He questioned what hours the shop would be open.

Mr. Greene responded that the hours of operation would probably be 10 A.M. until 5 P.M., a maximum of five days per week.

Mr. Greenan questioned if the home occupancy permit would be acceptable to the Greene’s if it were limited to catalog sales and resales with a limited display area of items.

Mr. Greene responded that Mr. Greenan’s description would be acceptable.

Chairman Ciancio questioned if the Greene’s lived at 201 Indian Church Road and if it was a two-family home.

Mr. Greenan stated that he and his wife lived at this location and it was not a two-family, but it was 2400 square feet.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page five . . .


2006-10    (continued)

Mr. Mendola questioned if there would be any exterior changes to the home, including lighting.

Mr. Greene stated that there would be no exterior changes and the exterior spot lights were on a motion detector.

Chairman Ciancio noted that home occupancy permits were renewable annually and could be rescinded if the rules were not adhered to.

No comments were received from the public.

Motion by Greenan, seconded by Mendola, 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 home occupancy permit for property located at 201 Indian Church Road, being part of Lot No. 195, for a gift shop/Internet sales, conditioned upon the use being limited to catalog sales and resales with limited display of catalog items on the premises.


Ayes: All Noes: None Motion Carried

Mr. Greenan noted the absence of Ralph Lorigo, attorney for the petitioners of the next two items and suggested that the Planning Board adjourn the meeting for ten minutes.

Motion by Greenan, seconded by Mendola, to adjourn the Planning Board meeting for ten minutes.


Ayes: All Noes: None Motion Carried

2006-11

A request from Kainos Partners, LLC for a rezoning for property located at 28 Garden Avenue, being part of Lot No. 90, changing its classification from R-65 to C-2, to remove existing house for stacking and parking purposes for a proposed Dunkin Donuts.

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


Ayes: All Noes: None Motion Carried



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page six . . .


2006-11    (continued)

Chairman Ciancio stated that along with the application they had received a short environmental assessment form, a site plan, a survey, and a tax map. Dunkin Donuts would be using the existing site of Hot Dog Haven, but wanted to rezone the property at 28 Garden Avenue for parking. The house would be demolished.

Mr. Greenan stated that he did not understand why an application was necessary for this item. On a couple of occasions, the town lost lawsuits in which access was sought to property that was not properly zoned. Specifically, driveways off Seneca Creek Road into the Industrial Park are cases that went all the way to the Appellate Division of the Supreme Court. Mr. Greenan thought that if the property was only being used for access to property that is properly zoned, the town had no discretion. If the applicant were to apply for a demolition permit and submitted a parking plan that did not violate the ordinance, the town would not have much choice.

Chairman Ciancio stated that the property was currently zoned for residential use as were the other houses on the street. If they were to maintain Mr. Greenan’s theory, they could continue down the street to each house.

Mr. Greenan responded that the town’s ordinance permitted that according to the Appellate Division of the New York State Supreme Court.

Mr. Hunter agreed with Mr. Greenan and stated that right now commercial property abutted residential property, and if this rezoning were approved they would still have commercial property abutting residential property. So, the character of the neighborhood would not change.

Chairman Ciancio stated that without the rezoning they would not be able to place any restrictions on the property, such as a fence, green space, etc.

Mr. Mendola disagreed with the decision of the Appellate Division and thought that the rezoning should have the consideration of the Planning Board and Town Board because there were a number of things that influenced it, such as deliveries, truck traffic, etc.

Mr. Greenan stated that Dunkin Donuts could open at the location on Union Road without any permission from the town. The parcel on Garden Avenue will only help to eliminate a problem with stacking vehicles similar to what exists at Tim Horton’s on Union Road.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page seven . . .


2006-11    (continued)

Mr. Niederpruem agreed with Mr. Mendola and stated that this was a residential lot and the character of it was being changed. If they did not act on this they would have no say on screening, parking, configuration of the site, etc. Mr. Niederpruem thought that this should proceed as a rezoning application.

Deputy Town Attorney Paul Notaro thought that the public hearing should be postponed to allow the applicant to present his case prior to hearing from the public. He was concerned about following the proper procedure in the event this ended up in court.

Motion by Mendola, seconded by Niederpruem, to table this item until the end of the meeting.

Ayes:  (5)    Mr. Mendola, Mr. Niederpruem, Mr. Nigro, Mr. Hunter, Chairman Ciancio
Noes:  (1)   Mr. Greenan
Motion Carried

2006-12

A request from RV Direct Group, Inc. for a rezoning and special permit for property located at 1200 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for RV sales & service.

Chairman Ciancio suggested that this item and the previous item be tabled since Ralph Lorigo was the attorney for both of them and he had not yet arrived at the meeting.

William Wipfler, 121 Carla Lane, stated that this was an announced meeting and Mr. Lorigo was informed of that. He questioned why the Planning Board would consider tabling the item.

Deputy Town Attorney Paul Notaro advised that after an item was published the Planning Board had the option of tabling it for more information or a number of other reasons. The item would then be placed on the agenda for next month.

Mr. Wipfler questioned if Mr. Lorigo had formally requested that this item be tabled.

Mr. Notaro responded that Mr. Lorigo advised the Planning Board that he would be running late this evening because he was appearing before the Lancaster Town Board on another matter.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-05
West Seneca, NY 14224 June 21, 2006
Page eight . . .


2006-12    (continued)

Tom McGowan, 129 Carla Lane, questioned if the residents would be notified of the next meeting.

Chairman Ciancio responded that the residents would be notified by mail of the next meeting.

Mr. Greenan stated that this was a big project that abutted Carla Lane and it was an area that was originally designed to be a strip plaza. He thought that if the property was developed all at once by one developer, they could put conditions on it that would be good for the residents of Carla Lane. Mr. Greenan commented that they could require the developer to install a berm with grass and trees on the top and this would be better than looking at the back of a strip plaza. He asked that the residents keep an open mind until the next meeting and consider the alternatives that could locate here without any input from the neighbors or Planning Board.

Mr. Niederpruem recited the uses in a C-1 zoning that would be permitted on this site without any input from the Planning Board.

Motion by Niederpruem, seconded by Mendola, to table Item #2006-11 and #2006-12 until the July 19, 2006 Planning Board meeting.


Ayes: All Noes: None Motion Carried


ADJOURNMENT

Motion by Niederpruem, seconded by Greenan, to adjourn the meeting at 8:45 P.M.


Ayes: All Noes: None Motion Carried





PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY