West Seneca Planning Board Meeting Minutes 02/08/2007

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.

APPROVAL OF MINUTES

Motion by Niederpruem, seconded by Rathmann, to approve Minutes #2006-11 of December 14, 2006.

NEW BUSINESS COMMUNICATIONS

2007-01
A request from Donald T. Denz for a rezoning for property located at 5626 Seneca Street, being part of Lot No. 227, changing its classification from R-75A to C-1, for a parking lot.

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

2007-01   (continued)
Chairman Ciancio stated that along with the application the Planning Board had received a survey, a deed description, a site plan, a short environmental assessment, and a tax map.

Mr. Greenan stated that the survey submitted was for the property next to the property in question and the applicant had submitted a sketch on a fragment of the survey next door.

Motion by Greenan, seconded by Mendola, that this item be tabled pending submission of an appropriate survey indicating the area that is to be the parking lot and dimensioned in such a way as to leave a legal R-75 lot labeled within the boundaries of the present ownership.

Donald T. Denz, 1005 East Main Street, East Aurora, stated that these were originally two separate lots, but they had been combined into one. He purchased the property in question that has a house and garage and is owned by 5626 LLC. The property next door where Ryan’s and Flappy’s was located is owned by 5700 LLC. Both properties had been surveyed.

Chairman Ciancio noted that the legal description provided reflected the total parcel rather than the area the petitioner was requesting to be rezoned.

Mr. Notaro noted that there was a motion on the floor and the comments of the petitioner were out of order at this point.

Wendy Salvati, Wendel Duchscherer, noted that the petitioner needed to provide a proper survey for both properties. The surveys of both properties had been pasted onto the survey provided by the petitioner and this was not a proper survey. The application was for parking but did not adequately describe the parking area with the parking spaces delineated. Also, the legal description reflected the entire depth of the property of 495 feet. The petitioner would need to provide a legal description of the area to be rezoned, described in such a way that the line did not go through the house and left a legal lot when completed.

Louise Ziccardi, stated that the Building Department gave her different instructions than what the Planning Board was now advising her.

The Planning Board further noted that the tree survey presented was inadequate in that in failed to show which trees were being removed and which would remain.

2007-01   (continued)
The petitioner was advised to provide a revised survey showing both properties, a legal description of what portion of the property was being rezoned, a dimensional site plan showing the size and number of the proposed parking spaces, and a proper tree survey.

OTHER BUSINESS

Motion by Greenan, seconded by Hunter, that the West Seneca Planning Board officers remain the same for the year 2007.

ADJOURNMENT

Motion by Rathmann, seconded by Greenan, to adjourn the meeting at 7:50 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY