West Seneca Planning Board Meeting Minutes 04/12/2007




WEST SENECA TOWN OFFICES   WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007


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
        Andrew C. Reilly, PE, Consultant

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


Ayes: All Noes: None Motion Carried


APPROVAL OF MINUTES

Motion by Mendola, seconded by Hunter, to approve Minutes #2007-02 of March 22, 2007.


Ayes: All Noes: None Motion Carried


OLD BUSINESS COMMUNICATIONS

2006-B

A request from Wm. Schutt & Associates, P.C. for preliminary approval of the proposed Terrace Blvd. subdivision for five lots.

Mike Moran, 5029 Thurston Avenue, Blasdell, presented the proposed plan for five lots on Terrace Blvd.

Mr. Mendola questioned why the existing house located on Sublot 5 was not plotted on the plan.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page two . . .


2006-B    (continued)

Mr. Greenan responded that it would be inappropriate to plot an existing house on a subdivision map.

Mr. Mendola questioned if there were any sewer moratoriums in this area of town.

Mr. Moran advised that they had received approval from the County of Erie for the sanitary sewer and water.

Mr. Greenan questioned if there was a major transmission line along the rear property line.

Mr. Moran responded that there was a pipeline at the rear of the property and it was indicated on the plat map.

Consultant Andrew Reilly, PE stated that there were some minor components (i.e. easements) missing from the drawings as noted in his memo to the Planning Board this date. He recommended that the Planning Board grant preliminary approval conditioned upon these missing components being addressed on the final plan.

Chairman Ciancio specifically noted the rear setback that was indicated as five feet on the plan but should be 30 feet.

Motion by Greenan, seconded by Niederpruem, to grant preliminary approval of the proposed five-lot subdivision on Terrace Blvd., conditioned upon plotting the utility easement at the rear of the property and ensuring that the drainage plan does not interfere with the rights of the owners of the easement; and further, issue a Negative Declaration with regard to SEQR as the project will not create a significant impact on the environment.


Ayes: All Noes: None Motion Carried


NEW BUSINESS COMMUNICATIONS

2007-03

A request from Anthony Scaccia for a home occupancy permit for property located at 4815 Clinton Street, being part of Lot No. 3, for a barber shop.

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 #2007-03
West Seneca, NY 14224 April 12, 2007
Page three . . .


2007-03    (continued)

Anthony Scaccia stated his intention to convert his garage into a barber shop with two chairs.

Mr. Nigro questioned if Mr. Scaccia intended to pave the area in front of the garage for parking.

Mr. Scaccia responded that he would be paving the area in front of the garage.

Chairman Ciancio noted that there were some items on the application that Mr. Scaccia would have to correct and these could be reviewed with Deputy Town Attorney Paul Notaro after the meeting.

Consultant Andrew Reilly, PE advised that this was a Type 2 action under SEQR; and therefore, it did not require any SEQR determination.

No comments were received from the public.

Motion by Mendola, seconded by Niederpruem, 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 home occupancy permit for property located at 4815 Clinton Street, being part of Lot No. 3, for a barber shop, subject to the applicant amending his application to comply with the provisions of a home occupancy permit.


Ayes: All Noes: None Motion Carried

2007-05

A request from Young Development, Inc. for a rezoning for property located at 1150 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2, for six mini storage buildings.

Motion by Mendola, seconded by Rathmann, 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 letter from the property owner, a deed description, a short environmental assessment form, a survey, a plot plan, and some aerial photos of the site.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page four . . .


2007-05   (continued)

Attorney Ralph Lorigo, 101 Slade Avenue, represented Young Development, the contract purchaser of ten acres of property on Southwestern Blvd. The rezoning request was for five acres at the north end of the parcel. Mr. Lorigo noted that he represented the petitioner in the rezoning of the property to the north of this site and the proposed use for mini storage buildings was substantially less intrusive than the RV center. A fence will surround the six buildings and there will be cameras around the property for additional security. There will be a 30-foot buffer zone along the rear of the property with staggered trees and a detention pond will be located on the undeveloped parcel to the south and take care of both parcels. Mr. Young did not have any definite plans for the five acre parcel to the south, but had some potential ideas that would fit in with the existing zoning. The proposed storage units will be one-story, approximately 12 to 13 feet high, similar to the Benderson units on Dyke Road. Lighting will be located on the building and directed downward. Mr. Lorigo commented that development of this parcel and the detention pond would actually enhance the drainage issue in the residential neighborhood to the rear.

Mr. Mendola questioned the elevation of the property and if there would be a berm with trees planted as with the RV project.

Mr. Lorigo stated that the present plan called for a double row of trees being planted on the level land. Mr. Young did not have a problem installing a berm but noted that sometimes it can exacerbate a drainage problem.

Chairman Ciancio thought that the berm should be continued along the rear property line to help with screening.

Mr. Rathmann noted that the application indicates the entire parcel is 6.8 acres and the portion to be rezoned is 3.2 acres. He questioned Mr. Lorigo’s reference of ten acres and five acres.

Mr. Lorigo responded that the property was surveyed and 6.8 acres and 3.2 acres would be correct.

Mr. Rathmann suggested turning the entire project 90 degrees so that the buildings ran north/south instead of east/west. He thought this would be a better situation for security purposes because police could see down the aisles while they are driving by.

Bryan Young of Young Development stated that there would be a major problem with snow if the project were turned 90 degrees. He further noted that there were cameras for security.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page five . . .


2007-05    (continued)

Mr. Niederpruem stated that there was a significant pitch in the grade of the land and he was having trouble visualizing the parking area for Buffalo RV to the north above the storage buildings. He did not see any numbers on the plan to describe this. Mr. Niederpruem further questioned if the detention pond would be protected from children wandering into it.

Mr. Young stated that Buffalo RV will have to contain its own water and the detention pond at the south of his parcel will take care of water on his property.

Mr. Lorigo stated that fencing of the detention pond was also discussed at the rezoning for Buffalo RV and there was a question as to whether or not the town wanted detention ponds fenced. He understood that Town Engineer George Montz did not want detention ponds fenced.

Mr. Niederpruem questioned the location of hydrants in relation to the entrance to the project. Mr. Mendola also commented that he thought there should be fire hydrants located within the project.

Mr. Lorigo responded that there were fire hydrants in the vicinity of the project, but he was not aware of any code requirement for hydrants to be located within the project.

Code Enforcement Officer William Czuprynski stated that fire hydrants were under his jurisdiction along with Town Engineer George Montz and they would dictate whether the project required any hydrants on site.

Mr. Niederpruem commented on the aesthetics of the project and suggested a more ornamental fence rather than chain link.

Mr. Young stated that an aluminum fence was proposed for along Southwestern Blvd. and the gate would also be aluminum so the presentation along Southwestern Blvd. would be very nice. He was also willing to landscape and thought about using black chain link so it would not be as noticeable.

Chairman Ciancio noted that the driveway would have to be 30 feet wide to conform with Town Code.

Mr. Lorigo responded that there was room to increase the driveway from 25 to 30 feet.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page six . . .


2007-05    (continued)

Chairman Ciancio noted that with the new stormwater regulations the detention ponds were required to hold water for a period of time. He thought that the detention pond could become a hazard to the residential neighborhood to the rear and should be fenced.

Mr. Mendola questioned if Mr. Young intended to maintain the detention pond.

Mr. Young responded that he would maintain the detention pond.

Chairman Ciancio thought the buffer area should be extended to the detention pond to better screen the project.

Mr. Czuprynski suggested painting the back of the rear building green so it would blend in with the trees.

Mr. Rathmann questioned if the existing storm sewer line was adequate to handle the detention water from Buffalo RV and this project.

Mr. Lorigo stated that the storm sewer capacity was an engineering question and the Engineering Department would have to approve a drainage plan for the project.

Mr. Rathmann commented that no grading plan was submitted for this project. He noted that they had required a 50 foot setback for the Buffalo RV project and thought that this project should have the same setback.

Mr. Young stated that a 50-foot setback would impact the amount of fill needed. He thought the project with the berm and landscaping would beautify the site.

Chairman Ciancio questioned if Mr. Young had any plans for the west portion of the property.

Mr. Young responded that he planned to hydroseed the vacant parcel to the west and mow it a couple of times each year. He had no other plans at the present time.

Mr. Rathmann noted that the deed description would have to be revised to reflect only the 3.2 acres to be rezoned.

Mr. Nigro questioned where the dumpster would be located and suggested that it be placed toward the front of the project.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page seven . . .


2007-05    (continued)

Mr. Young stated that he had not planned to have a dumpster on site because he did not believe the project would generate any garbage, but if required, he would get a dumpster and place it near the front of the project.

Chairman Ciancio questioned if Mr. Young planned to have a sign on the property.

Mr. Young responded that he planned to have a free standing sign on the east side of the front of the property.

Mr. Rathmann suggested a nicer landscape plan along the front of the property so it would look more residential.

Mr. Czuprynski questioned if this project conformed with the Master Plan for the town.

Consultant Andrew Reilly advised that the Master Plan called for neighborhood business along this corridor and the Planning Board would have to decide if this project is a neighborhood business. The rezoning to C-2 would also allow other uses that may not be considered neighborhood businesses.

Mr. Greenan stated that a special permit could be added to the rezoning that would only allow the stated use. He questioned if Mr. Young would agree to include the extended buffer zone in the C-2(S) zoning.

Mr. Lorigo responded that Mr. Young would agree to include the buffer zone in the C-2(S) zoning.

Chairman Ciancio commented that there would be no odors or noise and little traffic generated by this business, so he thought it would be friendly towards the residential neighbors to the rear of the property.

Mr. Reilly agreed and questioned if there were hours of operation restrictions.

Mr. Lorigo responded that the project would be gated with a key pad for entrance, but historically there is very little traffic and there will be security cameras located throughout the project. An employee will occupy the office during business hours.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page eight . . .


2007-05    (continued)

Jim Cooper, 19 Carla Lane, commented on the water problem he has had for the last 13 years since he moved into his house. There is a storm sewer on the back corner of his property that is down two to three feet from grade level and the water rushes toward the storm sewer. There are a couple of swamp areas between Mr. Cooper’s yard and the plaza on Angle Road and Southwestern Blvd. and these fill up with water and remain wet for weeks, causing mosquito problems. Mr. Cooper did not believe that the eight-inch pipe would handle the water from two detention ponds. He did not have a problem with the storage facility, but thought that the detention pond should be fenced to prevent children from wandering in it.

Mr. Lorigo thought that development of Buffalo RV and this proposed storage facility would greatly improve the water problems the residents of Carla Lane had been experiencing.

Suzanne Hoolihan, 35 Carla Lane, commented on Mr. Young’s landscape business on the other side of Southwestern Blvd. and noted the number of times the security alarm goes off because of an animal. She questioned if there would be any security alarms on the storage facility.

Mr. Young responded that there would be no security alarms on the storage facility project.

Mrs. Hoolihan also requested that the detention pond be fenced to protect her three small children.

Penny Andrews, 69 Carla Lane, was not opposed to the storage facility project or Buffalo RV but wanted to see the six-foot berm continued across all the properties on Carla Lane.

Mr. Lorigo stated that a six-foot berm could create additional water problems so he did not think this was a good situation on a flat piece of land.

Mr. Reilly stated that a six-foot berm with a 3 on1 slope would take up 40 feet and there was only 30 feet available. The berm could be three feet with six to seven foot pine trees on it.

Mrs. Andrews noted that there was going to be a 50-foot buffer and a six foot berm behind Buffalo RV and she thought it should be the same for this project.

Chairman Ciancio stated that due to the elevation of this site a six foot berm would be unreasonable.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page nine . . .


2007-05    (continued)

Mr. Rathmann questioned the feasibility of extending the west property line, elongating the first five buildings, and eliminating the last building. This would allow room for a 50-foot buffer.

Mr. Lorigo responded that the plot plan submitted was what Mr. Young was proposing and wanted to act on.

Mrs. Andrews questioned the lighting and whether Mr. Young would be able to install lights on poles at a later date.

Mr. Mendola responded that the lighting would have to be as presented on the plan submitted and the plan indicated lights on the buildings.

Sara Wiencek, 37 Carla Lane, questioned the location of the detention pond in relation to her property and where the fence would be located. She also hoped that there would be some type of berm along the rear property line.

Mr. Lorigo indicated the location of the detention pond and fence on the plan.

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


Ayes: All Noes: None Motion Carried

Motion by Greenan, seconded by Hunter, to recommend approval of the request for a rezoning and special permit for property located at 1150 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-2(S), for six mini storage buildings, conditioned upon the following: 1) the rezoning and special permit shall only apply to the north 330 feet of the property; 2) a 30-foot buffer zone with trees as shown on the plan submitted; 3) access driveway at the east end of project shall be widened to 30 feet; 4) the detention pond shall be moved to the south to maintain a 30-foot buffer area and a fence shall be constructed around pond; 5) an area 30’ x 150’ adjacent to the northwest corner shall be included as a buffer zone for the benefit of this parcel; 6) delineation of the proposed landscaping at the time the application is presented to the Town Board.

On the question, Mr. Niederpruem stated that the Planning Board made a number of changes to the plan submitted, and he was not opposed to this project but wanted to see the Planning Board approve a plan rather than just notes.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2007-03
West Seneca, NY 14224 April 12, 2007
Page ten . . .


2007-05    (continued)

Mr. Lorigo commented that site plan approval was an excellent tool, but the current system was a zoning approval process. He had no problem with the recommendations made by the planning Board and thought the Town Board was capable of interpreting the landscape plan. Mr. Lorigo further noted that Mr. Young was previously before the Planning Board and Town Board for an apartment project on Southwestern Blvd. He had a substantial investment in the town and planned to keep returning to West Seneca, so each project was a reflection on him.

Mr. Rathmann commented that Blue Spruce trees did not like wet soil and he suggested a different tree for the berm. He also suggested that a landscape plan for the front of the building be presented to the Town Board.

Mr. Young stated that he could substitute Norway’s for the Blue Spruce trees and Mr. Lorigo stated that they would also submit a landscape plan for the front of the building.


Ayes: All Noes: None Motion Carried


ADJOURNMENT

Motion by Greenan, seconded by Mendola, to adjourn the meeting at 9:15 P.M.


Ayes: All Noes: None Motion Carried




PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY