West Seneca Planning Board Meeting Minutes 02/12/2009

Chairman Robert Niederpruem called the meeting to order at 7:30 P.M. followed by the Pledge to the Flag.

ROLL CALL:   Present -

Robert Niederpruem Jr., Chairman
Joseph Ciancio
Donald Mendola
Jim Rathmann
Anthony Nigro
Joseph Sherman
William P. Czuprynski, Code Enforcement Officer
Paul Notaro, Deputy Town Attorney

Absent -    Gerald Greenan

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

APPROVAL OF MINUTES

Motion by Rathmann, seconded by Ciancio, to approve Minutes #2009-01 of January 8, 2009.

OLD BUSINESS COMMUNICATIONS

2008-13
A request from C & S Engineers for a rezoning & special permit for property located at 1175 Union Road, being part of Lot Nos. 77 & 78, changing its classification from C-1 to C-2(S), for demolition of existing Kentucky Fried Chicken restaurant & construction of a new 45-seat restaurant.

Chairman Niederpruem stated that this project was before the Planning Board on two previous occasions and they had discussed whether the “S” designation was actually needed. In interpreting the Town Code it was determined that the “S” designation was for alcohol consumption, so that was being dropped from the rezoning request.

2008-13  (continued)

Attorney Ralph Lorigo, 101 Slade Avenue, represented Treadwell Enterprises, owner of 1175 Union Road, and stated that Mike Treadwell acquired the property in July 2008, so he is not the person who ran the building the way it was for a number of years. Since acquiring the property, he has been looking to purchase the surrounding properties so he can redevelop the site. He presented a revised plan that had the building running parallel to Union Road and did not utilize the residential property on Ebenezer Drive, so the request was only for a rezoning from C-1 to C-2 to allow for a restaurant. Mr. Lorigo pointed out the other C-2 zonings in the neighborhood (ie. McDonald’s; Dunkin Donuts) and stated that he met with the neighbors and showed them two different designs for the proposed restaurant. They had originally proposed a 60 seat restaurant, but it was reduced to a 45-seats. There is an entrance on Union Road and another one on Ebenezer Drive located far away from the residences and across from the commercial property on Union Road. They offered to gate the entrance on Ebenezer Drive so customers would not be able to use it, and it would then only be used by delivery vehicles twice a week. Mr. Lorigo pointed out the placement of the dumpster and additional screening to buffer the property and thought they had met the overriding concerns of the neighbors.

Mr. Mendola understood there were several renderings of the proposed project and the Planning Board had one for a 60 seat restaurant that showed the building closer to Union Road.

Mr. Lorigo responded that when he met with the residents they preferred the plan for a 45 seat restaurant.

Mr. Mendola thought that if the 45 seat restaurant were moved closer to the road, it would give less conflict to the east side and the residential homes.

Lowell Dewey of C & S Engineers stated that they presented multiple alternatives and the plan presented at this meeting appeared to be the best. They will also have an 8’ tall fence, if acceptable with the town, so the neighbors will not even see the top of a car driving through.

2008-14
A request from Young Development, LLC for a special permit for property located at 1320 Southwestern Blvd., being part of Lot No. 393, changing its classification from C-1 to C-1(S), for construction of a two-story, 51-unit apartment building.

ADJOURNMENT

Motion by Mendola, seconded by Rathmann, to adjourn the meeting at 9:20 P.M.

PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY