West Seneca Planning Board Meeting Minutes 09/20/2006




WEST SENECA TOWN OFFICES   WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 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
        James Rathmann
        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 Rathmann, seconded by Mendola, 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 #2006-07 of August 16, 2006.


Ayes: All Noes: None Motion Carried


NEW BUSINESS COMMUNICATIONS

2006-15
A request from Phillip Hauenstein for a special permit for property located at 49 Boynton Avenue, being part of Lot No. 4, changing its classification from R-50(S) to R-50(S), to change the required additional parking from perpendicular to the driveway to parallel to it.

Motion by Mendola, seconded by Nigro, to open the public hearing.
Ayes: All Noes: None Motion Carried



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 2006
Page two . . .


2006-15    (continued)

Chairman Ciancio stated that along with the application the Planning Board had received a survey, a deed, a short environmental assessment form, and a site plan. The Town Board had previously approved a special permit for this property with a stipulation concerning the parking; however, Mr. Hauenstein changed the parking, so the application had to again be presented to the Planning Board and Town Board.

Phillip Hauenstein, 49 Boynton Avenue, stated that the Town Board had stipulated parking that was perpendicular to the driveway. Upon discussing this with his neighbors after the Town Board meeting, it was found to be more advantageous and better appearing in the neighborhood if the parking was parallel to the driveway.

Chairman Ciancio noted that the parking as shown on the plan was located in the front setback and that violated the Zoning Ordinance.

Mr. Hauenstein stated that the Town Board had suggested placing the parking in the same place that he was proposing only perpendicular to the driveway instead of parallel to it.

Mr. Rathmann suggested that the parking be moved a little farther down the driveway so it would not be in the front setback.

Mr. Hauenstein commented that if the parking were moved back there would be no place to pile snow. He would also have to install a lot more blacktop, 800 square feet instead of 400 square feet, and would lose half of the side yard.

Code Enforcement Officer William Czuprynski stated that as long as the parking was not directly in front of the building, the setback did not pertain. He referred to the former Friendly’s Ice Cream located across from Town Hall where there was no parking in front of the building, but the parking on each side extended to within ten feet of Union Road.

Mr. Greenan stated that the survey indicated that the house was setback 12 feet from the street right-of-way. He questioned if Mr. Czuprynski would interpret a parking space setback 12 feet to be in compliance.

Mr. Czuprynski thought that a 12-foot setback would be good. He noted that much of the neighborhood was non-conforming, so as long as the parking was not in front of the building he did not see a problem with it.

Mr. Mendola questioned if the parallel parking would conflict with the entrance to the building.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 2006
Page three . . .


2006-15    (continued)
Mr. Hauenstein did not believe parallel parking would cause a conflict with the building entrance. The parking would be placed where the lawn currently was and there was an entrance driveway and an exit driveway next to it.

Mr. Niederpruem referred to a report from the town’s Planning Consultant advising that parking should be located a minimum of 30 feet from the street line to comply with the code, and any deviation from that would require an action by the Zoning Board of Appeals.

Mr. Greenan suggested that the Planning Board simply recommend that the word “perpendicular” be eliminated from the special permit. A variance from the Zoning Board of Appeals may still be required depending on the location of the parking.

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 to recommend approval of the request for a special permit for property located at 49 Boynton Avenue, being part of Lot No. 4, changing its classification from R-50(S) to R-50(S), conditioned upon the word “perpendicular” being removed from the special permit.

The motion was lost due to lack of a second.

Chairman Ciancio questioned if Mr. Hauenstein would consider moving the parking back.

Mr. Hauenstein responded that he would like to keep the parking toward the front of the property as much as possible, because if he moved it to the back he would have to install twice the amount of blacktop, would lose most of his lawn, and would have no place to put the snow. He thought the plan submitted was the best for the neighborhood.

Mr. Rathmann referred to §120-44B(1)(b) of the Zoning Ordinance that addressed parking in an “R” district as follows: “No open off-street parking space shall be permitted in a required front yard or exterior side yard, except that reserved parking spaces may be located in such yards, provided that they are situated no closer than twenty (20) feet to any street line and no closer than three (3) feet to any side lot line and not directly in front of a principal building.”



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 2006
Page four . . .


2006-15    (continued)
Motion by Mendola, seconded by Nigro, to recommend denial of the request for a special permit for property located at 49 Boynton Avenue, being part of Lot No. 4, changing its classification from R-50(S) to R-50(S), to change the required additional parking from perpendicular to the driveway to parallel to it.


Ayes:  (4)    Mr. Mendola, Mr. Nigro, Mr. Rathmann, Mr. Hunter
Noes:  (2)   Mr. Greenan, Mr. Niederpruem
Abstentions:   (1)   Chairman Ciancio
Motion Carried

2006-16
A request from Jack Schifano for a rezoning & special permit for property located at 2303 Union Road, being part of Lot No. 294, changing its classification from C-1 to C-2(S), for a night club serving alcoholic beverages.

Motion by Mendola, 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 deed description, a short environmental assessment form, a site plan, and a survey.

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, Jack Schifano, and stated that Mr. Schifano was the manager of T-Bird’s Restaurant & Bar located in the Garden Village Plaza for the last eight years. T’Bird’s was located only several hundred feet from the proposed night club, but when Benderson Development bought the Garden Village Plaza, T-Bird’s lease ended. A lease was recently entered into by Mr. Schifano and Garden Village South Plaza, which had now been purchased by Garden Village South Plaza L.P. and Michael Joseph of Clover Development. Mr. Joseph had consented to the proposed use for the property. Mr. Lorigo stated that the property was 11,000 square feet located in the middle of the plaza and it was formerly a teen center. The teen center had been cited for some code violations and a number of things were changed to bring the property into compliance. Mr. Schifano had nothing to do with the teen center. Mr. Lorigo stated that there were fire exits on the back and side of the building, but the only entrance was on the front. Mr. Joseph included as part of the lease a condition that there be no outdoor patio, because he was sensitive to the fact that he was building a senior citizen complex nearby. The nightclub would be open Wednesday through



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 2006
Page five . . .


2006-16    (continued)
Saturday, 9:00 P.M. until 4:00 A.M. There would be live music, but Mr. Joseph included in the lease that there be no outside displays of any kind, the doors must always be shut, there must be someone from the establishment at the door when people leave to make sure they exit in a reasonable manner, and there must be security at night for the time frames at the end of the evening. Mr. Lorigo commented that this was commercial property located in a plaza. The property abutted Greenfield Avenue, but there was a fence along the property line 54.15 feet from the back of the building. The nightclub would be located in a concrete block building and the units on either side of it would help to cushion the noise.

Chairman Ciancio commented on the senior citizen complex at the rear of the property and Moving Miracles located next to the proposed site where there were handicapped children. Chairman Ciancio also noted that the site abutted a residential district, and this type of establishment was not allowed on property that abutted a residential district.

Code Enforcement Officer William Czuprynski agreed and stated that the side yard could not abut a residential district.

Mr. Greenan disagreed and noted that the ordinance stated that a nightclub could not abut a residential district, but the property in the application was a description of the inside of the building and that did not abut a residential district.

Mr. Mendola referred to the bottom of the “L” shape on the building and questioned if there were loading doors on that part of the building.

Mr. Lorigo did not know if there were loading doors in that area, but stated that Mr. Schifano assured him that the only entrance/exit for patrons would be at the front of the building.

Mr. Czuprynski stated that the Planning Board could make it a condition of the rezoning and special permit that the fire exit doors must be closed at all times. He further noted that if the building was air conditioned there would be no reason why the doors would be open.

George Northem, 16 Greenfield Avenue, stated that he lives directly behind the proposed nightclub and was opposed to the rezoning and special permit for this use. He commented on the problems that occurred at T-Birds and submitted information from the Cheektowaga Police indicating that in 2005 they were called to the establishment 21 times for drunk and disorderly conduct, fights, cars being vandalized, etc. There was also a lot of noise caused by vehicles peeling out at 4:00 A.M. Mr. Northem stated that when the teen center was open at this location, the



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 2006
Page six . . .


2006-16    (continued)
teens were fairly well behaved, but they did open the loading doors to allow the teens to smoke at the rear of the building. It was loud at times and the building was not insulated for sound. Mr. Northem thought this was a bad location for a bar due to the senior citizen complexes being built in the area. He further commented on the change in zoning from C-1 to C-2 and questioned what other undesirable uses fell under the C-2 zoning classification.

Lawrence Myers, 36 Greenfield Avenue, stated that he lives directly behind the proposed nightclub and his 14-year old daughter’s bedroom window faces that building. He referred to the former teen center and stated that even with the building totally closed, the noise kept his family awake at night and they often called the police. Mr. Myers commented that the building and its location were unsuitable for this type of business. With all the senior citizen complexes being developed in the area, this was more than ever a residential neighborhood. Mr. Myers referred to an incident that happened to his oldest daughter and her friend one night when they walked across the parking lot to go to 7-11 and were chased by patrons of T-Birds. He did not want to have a bar/nightclub right in his back yard.

Walter Machnica, 8 Greenfield Avenue, was opposed to the rezoning and special permit for a nightclub and stated that he had called the police three or four times when the teen center was located in that building due to noise issues. He thought the proposed nightclub would be a bad thing for the neighborhood. Mr. Machnica further noted that his neighbor, Mrs. Schwing of 10 Greenfield Avenue, was unable to attend this meeting but wanted to express her opposition to the project.

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


Ayes: All Noes: None Motion Carried

Motion by Greenan to recommend approval of the request for a rezoning & special permit for property located at 2303 Union Road, being part of Lot No. 294, changing its classification from C-1 to C-2(S), for a night club serving alcoholic beverages, conditioned upon there being no egress on the east and south sides of the building other than emergency exits and that recreational smoking behind and to the south of the building in the loading dock area not be permitted.

The motion was lost due to lack of a second.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2006-08
West Seneca, NY 14224 September 20, 2006
Page seven . . .


2006-16    (continued)
Motion by Ciancio, seconded by Nigro, to recommend denial of the request for a rezoning & special permit for property located at 2303 Union Road, being part of Lot No. 294, changing its classification from C-1 to C-2(S), for a night club serving alcoholic beverages, based on the business not fitting in with the character of the surrounding neighborhood.


Ayes:  (6)    Mr. Nigro, Mr. Niederpruem, Mr. Mendola, Mr. Rathmann, Mr. Hunter, Chairman Ciancio
Noes:  (1)   Mr. Greenan
Motion Carried


ADJOURNMENT

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


Ayes: All Noes: None Motion Carried





PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY