West Seneca Planning Board Meeting Minutes 11/12/2009




WEST SENECA TOWN OFFICES   WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2009-10
West Seneca, NY 14224 November 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
        Gerald Greenan
        Donald Mendola
        Jim Rathmann
        Anthony Nigro
        Joseph Sherman
        William P. Czuprynski, Code Enforcement Officer
        Andrew Reilly, Planning Consultant
        Jeffrey Harrington, Deputy Town Attorney

    Absent -   None

Chairman Robert 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 Greenan, seconded by Rathmann, to approve the proofs of publication and posting of legal notice.


Ayes: All Noes: None Motion Carried


APPROVAL OF MINUTES

Motion by Rathmann, seconded by Greenan, to approve Minutes #2009-09 of October 8, 2009.


Ayes: All Noes: None Motion Carried


OLD BUSINESS COMMUNICATIONS

2009-13
A request from Carl & Annette Bueme for a rezoning & special permit for property located at 10 S. Fisher Road, being part of Lot No. 361, changing its classification from R-75 to C-2(S), for a banquet facility.

Chairman Niederpruem stated that as requested the petitioner had submitted a floor plan, additional information on seating, and parking details. However, there were still concerns about rezoning residential property to commercial.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2009-10
West Seneca, NY 14224 November 12, 2009
Page two . . .


2009-13   (continued)

Mr. Greenan commented that rezoning this property to commercial was a clear violation of the Master Plan, but the building did not have much utility for the residence use it was currently zoned for. He thought it would be more appropriate for the petitioner to withdraw their request and apply to the Zoning Board of Appeals for a use variance. If the Zoning Board of Appeals does not grant a use variance, then the petitioner could reapply to the Planning Board.

Chairman Niederpruem stated that changing the zoning of this property to commercial was dangerous because then almost anything could locate there and it would be spot zoning which they try to avoid. He thought a use variance was more appropriate in this case because if the banquet facility ceases to operate the use variance goes away and the zoning remains R-75.

Code Enforcement Officer William Czuprynski suggested that the Planning Board table this item instead of having the petitioner withdraw their request. If the Zoning Board does not approve the use variance, then the petitioner will not have to reapply to the Planning Board and pay another fee.

Motion by Greenan, seconded by Ciancio, to table the above request pending submission to the Zoning Board of Appeals.


Ayes: All Noes: None Motion Carried


NEW BUSINESS COMMUNICATIONS

2009-14
A request from John F Hasse for a rezoning for property located at 2900 Seneca Street, being part of Lot No. 200, changing its classification from C-1 to C-2, for an 800 sf addition for display of new equipment sales.

Chairman Niederpruem stated that along with the application the Planning Board received a short environmental assessment form, a deed description, a property survey, and an architectural drawing of the building addition and improvements to the existing building.

John Hasse, PO Box 661, West Seneca, stated that he is the contractor for the project and the owners of Schaub Equipment Rental were proposing an addition to the existing facility. If approved, the addition will remove a number of pieces of equipment on display outside and bring them inside the building. The existing facility will also be rehabilitated, but the use will remain the same.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2009-10
West Seneca, NY 14224 November 12, 2009
Page three . . .


2009-14    (continued)

Chairman Niederpruem referred to the survey and questioned the property lines and highway right-of-way, noting that the Planning Board was concerned about the location of the south property line and wanted to make sure of the ownership.

Mr. Hasse stated that when NYS expanded Route 400 there were some quit claim deeds that were transferred to the previous owner. However, there was never a staked boundary survey so the surveyor used a number of the legal descriptions and deeds available. The property line along the one-story block building runs all the way to Seneca Street and the addition being proposed only extends in front of the wood frame building and stays in line with the property line. The setback requirement will be exceeded in the front and the left side setback is not an issue.

Mr. Ciancio referred to the designated parking indicated on the plans in the location where the equipment was stored.

Mr. Hasse responded that the new equipment is currently on display outside, but will be moved inside in the new addition or across the street. This will open up eight designated parking spaces that will be paved and striped to help resolve the parking issue.

No comments were received from the public.

Mr. Hasse stated that the proposed addition is only 786 sf and that is a condition for requesting a waiver from the site plan process. He asked that the Planning Board consider a site plan waiver for the project.

Planning Consultant Andrew Reilly stated that the Planning Board could still give some direction on landscaping even if a site plan waiver is considered.

Mr. Rathmann stated that he would like to see some landscaping especially since this location is somewhat of an entrance to West Seneca off Route 400. He suggested something along the face of the building, possibly some trees between the edge of the paving and the property line.

Mr. Hasse noted that they would not be able to have large trees or bushes because the entire front of the addition was a display so people could see the new equipment inside the building.

Chairman Niederpruem agreed that there should be some landscaping, but noted that they would have to keep in mind the site distance required by vehicles coming off Route 400.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2009-10
West Seneca, NY 14224 November 12, 2009
Page four . . .


2009-14    (continued)

Motion by Greenan, seconded by Ciancio, to recommend approval of the request for a rezoning for property located at 2900 Seneca Street, being part of Lot No. 200, changing its classification from C-1 to C-2, for an 800 sf addition for display of new equipment sales, conditioned upon establishing ownership of the parcels labeled Liber 10899, Page 5545 and Liber 10899, Page 5548, and further recommend issuance of a negative declaration with regard to SEQR.

On the question, Mr. Greenan noted that a proper legal description will be needed prior to the public hearing with the Town Board being published.


Ayes: All Noes: None Motion Carried

2009-16

A request from Transitowne Kia for a special permit for property located at 3180 Transit Road, being part of Lot Nos. 51, 52 & 69, changing its classification from C-2 to C-2(S), for new vehicle storage.

Chairman Niederpruem stated that along with the application the Planning Board received a short environmental assessment form, a sketch plan of the building and parking area, a deed in lieu of foreclosure, and a property survey.

Jim Stewart, 3180 Transit Road, stated that Transitowne Kia would like to use this property for new vehicle storage temporarily until they move forward with future plans for the buildings next spring. Since acquiring 3180 Transit Road, they have been looking at the properties to decide what they will do with the buildings themselves. The building structure at 3190 Transit Road is not usable as is; there is no electricity or plumbing in it. The building at 3180 Transit Road has been cleaned up, but it is still not up to standards for what they need for the new Kia facility. Mr. Stewart noted that they were still waiting for the Chrysler dealer agreement and when that is signed they will know whether they can keep the Kia service department in the Chrysler building. If so, they can easily add a showroom onto one of the existing buildings. If they need a 10 to 12 bay service department for Kia separate from Chrysler, they will need to demolish both buildings and build a new facility. Mr. Stewart stated that they would be returning to the Planning Board in the spring with a final design for site plan approval.

Chairman Niederpruem stated that the Town Code calls for hard surface parking and questioned their plans for surfacing the parking area.



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2009-10
West Seneca, NY 14224 November 12, 2009
Page five . . .


2009-16    (continued)

Mr. Stewart responded that the parking area was re-stoned and they did not want to fully pave it because of future building plans. He referred to other dealer storage lots that were stone surface and asked that this requirement be held off until they finalize plans next spring. He also requested a waiver from the site plan approval process since there will be no construction on the property at this point. Mr. Stewart stated that Kia awarded them this franchise with full intentions of having an entire state-of-the-art facility built. Unfortunately, the franchise was acquired in February and since then business has not been good enough to commit to a $1.5 million facility, but in the spring they will have to make a move and everything will be up to standard. If they chose to use one of the existing buildings, it will have an entire new front.

Karen Lucachick, 61 Greenmeadow Drive, stated that almost two years ago Transitowne requested rezoning property on Transit Road for vehicle storage and at the time she asked if there would be landscaping and green space in front of the building. The architect presented a site plan with green space but no bushes between the sidewalk and the street. Mrs. Lucachick noted that they have never complied with this and she suggested the Planning Board table this item until they do so.

Chairman Niederpruem questioned how long the Kia dealership on Transit Road has been open.

Mr. Stewart responded that the Kia dealership has been open since May 15, 2009. They were operating out of the Chrysler building, but had to separate the two and at least have a showroom for Kia. He understood there was an issue with green space on the original plans, but acquisition of 3180 Transit Road was holding up their plans. Now that they acquired the property they can go forth with the final plan. The sign was being put up and they will be putting greenery on each side of it once they finalize the building plans.

Motion by Greenan, seconded by Rathmann, to recommend approval of the request for a special permit for property located at 3180 Transit Road being part of Lot Nos. 51, 52 & 69, changing its classification from C-2 to C-2(S), for new vehicle storage, conditioned upon no above ground construction taking place other than improvements to the parking surface when appropriate weather conditions allow, and further recommend issuance of negative declaration with regard to SEQR.


Ayes: All Noes: None Motion Carried



WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2009-10
West Seneca, NY 14224 November 12, 2009
Page six . . .


OTHER BUSINESS

2009-B
A request from Metzger Civil Engineering, PLLC for sketch plan review of the proposed Camelot Square Subdivision Ė Part 3 for 52 lots.

The petitioner was not present at the meeting.

Motion by Greenan, seconded by Nigro, to table this item.


Ayes: All Noes: None Motion Carried

A request from St. Johnís Lutheran Church for informal review for a proposed new church building.

The petitioner was not present at the meeting.

Motion by Greenan, seconded by Nigro, to table this item.


Ayes: All Noes: None Motion Carried


ADJOURNMENT

Motion by Greenan, seconded by Rathmann, to adjourn the meeting at 8:20 P.M.


Ayes: All Noes: None Motion Carried




PATRICIA C. DEPASQUALE, RMC/CMC
SECRETARY