West Seneca Planning Board Meeting Minutes 07/12/2007

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

APPROVAL OF MINUTES

Motion by Mendola, seconded by Niederpruem, to approve Minutes #2007-05 of June 14, 2007.

OLD BUSINESS COMMUNICATIONS

2004-A
A public hearing to consider final approval of the proposed Princeton Estates Subdivision.

Chairman Ciancio stated that this project involved a 72-acre parcel zoned R-75. The number of homes was reduced from 160 to 154.

2004-A    (continued)
Attorney Ralph Lorigo, 101 Slade Avenue, represented Marrano/Marc Equity and stated that the project had completed engineering approval, but during the process it was requested that the developer attempt to accomplish a second exit that would be of an emergency nature. They have acquired the property and provided a plan to place an emergency exit at the rear of the property, and this was approved by the Engineering Department.

Chairman Ciancio noted that the Planning Board had received a letter from Richard Eldridge, 585 Fisher Road, stating that there has been no signed agreement between himself and the developer with regard to acquisition of his property for the access road.

Mr. Lorigo responded that there was an agreement with Mr. Eldridge to acquire the property.

Richard Eldridge, 585 Fisher Road, stated that he had negotiations with Marrano/Marc Equity, but the negotiations were not complete and nothing had been signed. He needed more information before he would make any decision on the sale of his property.

Mr. Lorigo requested that the public hearing be adjourned to allow him to speak with Mr. Eldridge and try to resolve this issue.

The Planning Board adjourned this item until later in the meeting.

NEW BUSINESS COMMUNICATIONS

A request from Greenauer Blacktop Inc. for site plan approval for the Greenauer Storage Lot Expansion located at 379 French Road.

Bill Miller, 379 French Road, stated that he had submitted his plans to the Engineering Department on May 2, 2007.

Planning Consultant Wendy Salvati stated that she was advised by Town Attorney Timothy Greenan and Town Engineer George Montz that although Mr. Miller had submitted plans to the town they had not been formally reviewed, no action was taken, and he was advised to proceed with site plan approval.

Mr. Miller stated that he has been located at 379 French Road for 22 years and has over 20 acres of land that is zoned M-1. The property next to his is zoned M-1, commercial, and residential in the front. Mr. Miller stated that his business had grown and he wanted to extend the lot he had been using for 20 years for storage of his equipment. In the last 15 years, Mr. Miller had planted over 100 blue spruce trees and the site could not be seen from French Road. He was not changing the zoning of the property and site plan approval would be an added expense for him. Mr. Miller had gotten approval from the New York State Department of Environmental Conservation (NYSDEC), but he might now have to change some of the plans to meet the criteria for site plan approval.

Mrs. Salvati stated that Mr. Miller was given a marked up copy of the site plan application form that indicated certain information that the town still did not have. This was information required by the town by virtue of the site plan application, but there was not a lot missing and she would work with Mr. Miller to get the required documents. Mrs. Salvati thought the Planning Board would be able to take action on this application at their next meeting.

Deputy Town Attorney Paul Notaro thought there was a waiver possibility for less than a 10 percent modification to a commercial property.

Mrs. Salvati responded that the project would impact almost six acres of land and that was why it was felt that this project could not go through site plan waiver. She suggested that Mr. Notaro discuss this with Mr. Greenan, Mr. Montz and Chairman Ciancio.

Mr. Miller noted that there would be no additional truck traffic, the ingress/egress would be the same, and the NYSDEC had approved his stormwater plan. Principal Engineering Asst. Gary Bommer had looked at the plan and suggested one change to the detention pond. The plans were updated accordingly.

Mr. Notaro stated that he would discuss this with Mr. Greenan, Mr. Montz and Code Enforcement Officer William Czuprynski and try to resolve it considering the changes that were made and the NYSDEC’s approval.

OLD BUSINESS COMMUNICATIONS

2004-A    (continued from earlier in meeting)
Mr. Lorigo stated that Mr. & Mrs. Eldridge informed him they had no objection to selling their property but wanted to review some things and have further discussion with their attorney. He asked that the Planning Board add this as a condition of final approval of the subdivision. The only remaining issue was the barrier that was

2004-A    (continued)
to be placed on the emergency exit. Mr. Lorigo had discussed a proposal for a padlocked metal gate that emergency services would have a key for access, but he was open to suggestions from the Planning Board on this issue.

Chairman Ciancio noted that Town Engineer George Montz had submitted a letter stating that he was in disagreement with the proposal to gate the emergency access road.

Mr. Lorigo stated that this issue could be discussed, but he asked that they proceed with the public hearing for final approval, noting that they had preliminary plat approval and engineering approval for the project.

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

Eileen Jurca, 164 Neubauer Court, questioned where the emergency exit would be located.

Chairman Ciancio responded that the emergency exit would be at the end of Nancycrest Lane near Neubauer Court. The entrance and exit to the subdivision will be from Fisher Road.

Kelly Denz, 19 Apple Blossom, Lancaster, spoke in favor of Marrano/Marc Equity and stated that she and her husband have had a deposit on a lot in this subdivision for a long time. She was looking forward to moving back to West Seneca and hoped that this project would be developed soon. Mrs. Denz questioned if the proposed subdivision could be connected to Sunset Creek Subdivision to provide an additional ingress/egress.

Chairman Ciancio stated that this would not be possible because they would have to cross Smokes Creek.

Mr. Mendola noted that the delay in developing this project was not due to anything on the town’s part. It was up to Marrano/Marc Equity to do what was necessary to move the project along.

Steven Moskaluk, 157 Neubauer Court, stated that he understood Mr. Lorigo had threatened his son-in-law, Richard Eldridge, that the town would take his property if he refused to sell it.

2004-A    (continued)
Jennifer Cartonia, daughter of Richard & Debbie Eldridge, stated that decisions were made on this project in January, but her parents were not notified until May when they received a letter from Mr. Lorigo stating that if they did not sell their property for $5000 the town would take it by eminent domain. This property has been in her family for over 100 years and she thought it was terrible that someone would try to force them to sell. Mrs. Cartonia noted that her parents were very upset over this whole issue.

Chairman Ciancio stated that the Planning Board had requested another access road for the project, but it was up to the developer to decide how he would accomplish that. The Planning Board was unaware of what had occurred between the developer and the Eldridge’s.

Johanna Guenther, 140 Neubauer Court, noted that this project was located in Erie County Sewer District #3 and questioned how the addition of 150 homes would affect the people in Fisher Court.

Chairman Ciancio advised that Erie County Sewer Authority had given their approval for this project.

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

Deputy Town Attorney Paul Notaro stated that he was appointed deputy town attorney in May 2005 and there had been no conversations with himself and the developer or Mr. Lorigo regarding eminent domain procedures. Anything stated at this meeting by family members of the Eldridge’s was inflammatory and inaccurate. The town had not taken any position either way. The issue regarding secondary access was not telling the Eldridge’s or Marrano/Marc Equity they had to do anything; the issue was purely for public safety and to address certain SEQR issues involved in making sure the project was safe according to the engineer, fire service, and the Town Attorney’s view of the project. Mr. Notaro stated that there was no intimidation in his handling of this project and he had not participated in or heard of any comments whatsoever.

Mr. Nigro stated that there was a letter from Mr. Lorigo to the Eldridge’s attorney, Dale McCabe, which mentioned the town’s possibility of taking the Eldridge’s land by condemnation.

2004-A    (continued)
Mr. Lorigo stated that he had sent a letter to Mr. McCabe and mentioned that he had a conversation with Town Attorney Timothy Greenan regarding the potential for this situation, but he had not talked to the Eldridge’s about it.

Motion by Greenan, seconded by Niederpruem, to adopt the attached resolution issuing a Negative Declaration with regard to SEQR on the Princeton Estates Subdivision project and the reasons for the findings be incorporated in the form of Sections 1 & 2 of the SEQR report prepared by the Deputy Town Attorney and reviewed by Wendel Duchscherer.

Motion by Greenan, seconded by Niederpruem, to grant final approval of the proposed Princeton Estates Subdivision conditioned upon the following: 1) the developer will dedicate to the town a connecting road, 60 feet wide and in compliance with town specifications, in the location shown on the plat map, running from the southwest corner of the subdivision to the Fisher Court Subdivision; 2) if it is the opinion of the Town Attorney or Planning Consultant that the town would be best served to not be the owner of those areas on the plat map marked “dedicated to the Town of West Seneca,” in the alternative an easement be created into those areas; 3) the same ability be given to the Town of West Seneca to not accept dedication of the lands in the 100-year flood plain indicated on the plat map as a “conservation area.”

On the question, Mr. Mendola suggested that the emergency access road be one-way traffic going into the new subdivision. He thought this would alleviate any problem with the surrounding property owners.

Mr. Greenan stated that under preliminary review of this project he had suggested that the stub street be marked one-way on each end facing out of the subdivision so that only an emergency vehicle would be able to use it without violating the traffic ordinance.

Chairman Ciancio stated that this would have to go before the Traffic Committee for their approval, but the Planning Board could make that recommendation.

Mr. Niederpruem was opposed to one-way traffic at that location and thought it was counter productive.

2004-A    (continued)
Mr. Mendola disagreed and thought it would take the burden off the Fisher Court residents.

Mr. Niederpruem thought the majority of people on Nancycrest Lane would use the new subdivision to exit onto Fisher Road rather than their current exit.

Mr. Rathmann thought that one-way would be a problem and there would be accidents with people going the wrong way.

Mr. Notaro thought that one-way traffic would be detrimental to the residents, Highway Department, Police Department and fire department.

Mr. Nigro questioned if Marrano/Marc Equity would be building on that property if they purchase the land and the road goes through.

Mr. Lorigo responded that they were not requesting that at this time and he did not know what the future would bring. They would have to return to the Planning Board in the future if they chose to do so.

Chairman Ciancio referred to the list of street names submitted and stated that Blair Lane was already a street in the Town of West Seneca.

Mrs. Salvati referred to a previous question from a resident regarding the impact of the development on the sewers and stated that the project would have no impact on the sewers. There will be no connection across; the new subdivision will have its own design and sewer lines and the sewage treatment plant had the capacity.

Mr. Nigro questioned who would take care of the 50-foot easement for the gas line and the 12-foot easement that runs through the lots.

Mr. Lorigo responded that the gas company maintained the easement access for the gas line.

Vic Martucci of Marrano/Marc Equity stated that the individual property owners will maintain the easement that runs through their property, but they will be restricted from building on that portion of the property.

ADJOURNMENT

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

PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY