West Seneca Planning Board Meeting Minutes 08/09/2007
Chairman Joseph Ciancio called the meeting to order at 7:30 P.M. followed by the Pledge to the Flag.
ROLL CALL: Present -
Robert Niederpruem Jr.
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 Rathmann, to approve the proofs of publication and posting of legal notice.
APPROVAL OF MINUTES
Motion by Niederpruem, seconded by Mendola, to approve Minutes #2007-06 of July 12, 2007.
OLD BUSINESS COMMUNICATIONS
A public hearing to consider preliminary approval of the proposed nine-lot Globa Subdivision located on East & West Road and Angle Road.Motion by Mendola, seconded by Rathmann, to open the public hearing.
Peter Johnston of Wm. Schutt & Associates, 37 Central Avenue, Lancaster, represented Jim Globa and stated his proposal for a nine-lot subdivision on East & West Road and Angle Road. He submitted a long environmental assessment form and a grading and drainage plan that was approved by the town engineering department, but he did not have the approval in writing. Mr. Johnston requested a negative declaration for SEQR from the Planning Board along with preliminary plat approval. He also requested that the Planning Board consider granting final approval contingent upon receipt of written approval of the grading and drainage plan and realty subdivision approval from Erie County.
Chairman Ciancio referred to the three large lots, 7, 8 and 9, and stated that the Planning Board did not want to see anyone subdividing these in the future.
Mr. Johnston questioned whether that would be legal and stated that it was not their intention to further subdivide those lots.
Chairman Ciancio questioned the indication on the plan for the town to assume the storm sewer easement. He further referred to the storm water emptying into the wetlands and stated that they should have something from the Army Corps of Engineers.
Mr. Johnston responded that Town Engineer George Montz had requested private storm drainage easements and this was reflected on the revised plans. There were federal wetlands surrounding the stream that runs through the property, but they would not be impacting the wetlands. They would just be discharging the storm water into the stream and this was approved by the engineering department. The stream was not a regulated water way, so the Army Corps of Engineers would not have anything to do with water running into it. The only way they would be involved is if more than one-tenth of an acre was being impacted, but that was not the case.
Mr. Rathmann stated that it was his understanding that storm water could not be discharged into a federal wetland area directly without treating it first.
Mr. Johnston disagreed and stated that this was incorrect.
Mr. Rathmann noted that the SEQR indicated no wetlands on the front page, but the subsequent pages indicated wetlands.
Mr. Johnston realized that he had done this and stated that there were .27 acres of wetlands and he had submitted a wetlands delineation report for the property.
Mr. Johnston responded that the requirement for residential subdivisions was for disturbance of more than five acres. The town engineering department did not feel that stormwater detention or treatment for this project was necessary. Although the total project was 9.6 acres, they were not disturbing that much acreage.
Mr. Rathmann thought that more acreage could be disturbed with the grading and re-grading for the houses.
Mr. Mendola also noted that the individual property owners that buy the houses might want to clear out some of the trees at the rear of their property and it would be difficult to mandate to them.
Mr. Johnston stated that in the event Mr. Globa gets the land subdivided and sells the lots, he should not be liable or responsible for the disturbance that occurs with the building of the houses. It would be different if the improvements were not already in place. Mr. Johnston further asked for a waiver on the sidewalk requirement since there are no existing sidewalks in the area.
Planning Consultant Wendy Salvati stated that approval from the Erie County Department of Health was also required prior to filing the map cover.
No comments were received from the public.
Motion by Mendola, seconded by Niederpruem, to close the public hearing.
Motion by Niederpruem, seconded by Mendola, to grant preliminary approval of the proposed nine-lot Globa Subdivision conditioned upon the following: 1) completion of the SEQR coordinated review, which will include written documentation from the Town Engineer on the sanitary sewers and incorporate any comments from the Army Corps of Engineers regarding back yard drainage going into the federal wetlands; 2) approval of the water lines from the Erie County Health Department; 3) no further subdivision of Lot Nos. 7, 8 and 9; 4) Lot No. 6 shall obtain a county easement for access from East & West Road; 5) waiver of the requirement for sidewalks.
NEW BUSINESS COMMUNICATIONS
Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, Eugene Piotrowski, and stated his proposal to develop the land as a 62-lot subdivision under the R-75 zoning. The type of houses would conform with other houses in the general area.
Chairman Ciancio stated that the cul-de-sac was too long and should be a maximum of 500 feet to conform to the ordinance.
Mr. Rathmann referred to the intersection of Camelot Drive with the proposed street and stated that it needed to be reconfigured to allow for better circulation for snow plows, trash removal, school buses, etc.
Mr. Niederpruem noted that most of the lot sizes were inadequate.
Mr. Rathmann stated that stormwater detention would be required due to the amount of land affected. A tree survey was also required.
Chairman Ciancio stated that he had talked to Town Engineer George Montz, who told him there was a moratorium on any sewer extensions in Sewer District #13. The Health Department also would not give any approval.
Mr. Lorigo responded that he understood Mr. Piotrowski already had permits to continue with this phase of the subdivision.
Planning Consultant Wendy Salvati stated that she understood the New York State Department of Environmental Conservation (NYSDEC) had final approval over sewer extensions, but they might work with the developer on a mitigation plan.
Mr. Niederpruem referred to the cul-de-sac and questioned if there was a problem with the property to the southeast corner of the project.
Mr. Lorigo stated that Mr. Piotrowski’s intent was to take the street to Reserve Road, and he had attempted to accomplish that but was not successful.
Chairman Ciancio stated that the Planning Board would like to see approvals from the NYSDEC and Health Department before reviewing the project any further.
Motion by Mendola, seconded by Niederpruem, to adjourn the meeting at 8:20 P.M.
PATRICIA C. DEPASQUALE, RMC/CMC