West Seneca Special Town Board Meeting Minutes 05/07/2007
Supervisor Paul T. Clark called the meeting to order at 5:30 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance.
ROLL CALL: Present -
Absent - None
Re: “A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 5626 SENECA STREET, BEING PART OF LOT NO. 227, CHANGING ITS CLASSIFICATION FROM R-75A TO C-1, FOR A PARKING LOT” in the Town of West Seneca. (Donald T. Denz)
Donald Denz, 1005 E. Main Street, East Aurora, stated that he had met with Consultant Wendy Salvati to review the landscaping and lighting plan prior to submitting them to the board members. At one point, he had looked at putting the lighting on the north end and directing it toward the parking lot, but placing it in the middle with shields to direct it downward will allow him to take some of the lighting off the building that otherwise would shine toward the neighbors. He was submitting two lighting options and would install whichever the board members thought was best. Mr. Denz further noted that he understood the garage was not on a foundation, so he would be modifying it to ensure that it was structurally sound. He intended to remove the corner of the garage that faced the restaurant and extended beyond the property line.
Councilman Osmanski stated that the garage was an integral part of screening of the parking lot from the neighbors, but it was on a separate parcel from the parcel to be rezoned. He questioned if the board could somehow control whether the garage is removed.
Deputy Town Attorney Paul Notaro advised that the board members could stipulate that there be some screening to compensate in place of the garage if it is removed.
Councilman Hicks noted that the landscape plan indicated six foot pine trees along the length of the west property line except for the area along the garage. He suggested that Mr. Denz add some pines along the garage.
Mr. Denz agreed to add pine trees along the garage and noted that the parcel would be elevated with the pine trees on top of it.
Councilman Osmanski questioned if the grade profiles had changed from the previous submission.
Mr. Denz responded that the grade was one to three.
Councilman Hicks referred to a suggestion at the previous meeting that the proposed parking lot be made a part of the restaurant parcel and questioned if Mr. Denz would agree to that.
Mr. Denz stated that he would deed the parking lot parcel over to 5700 Seneca Street LLC.
Councilman Osmanski asked Property Manager Louise Ziccardi to explain the landscape plan to the residents.
Mike Kelchlin, 5622 Seneca Street, commented on the number of mature trees that would be taken down for the parking lot and how long it will take the new trees to mature to a point where they will screen the business.
Councilman Hicks responded that the six-foot Austrian pines will be fuller than the existing trees.
Mrs. Salvati stated concerns about the height and brightness of the three light standards between the parking lots and the brightness of the lights on the building. She had spoken to Mr. Denz’ engineer and he explained that if they reduced the height of the light standards they would need more lights to illuminate the area. With three light standards at a height of 16 feet and two lamps on each, they could keep the lights shining down and illuminate both parking lots. The spot lights could also be eliminated from the side of the building.
Councilman Graber commented that it was the engineer’s personal opinion what wattage was necessary to light the area, but that did not mean it could not be reduced.
Councilman Bove requested clarification on the lighting plans and which was a better plan that would direct light away from the residences.
Councilman Graber stated that the lighting plan with nine lights used 2250 watts. The plan with six lights used 1900 watts.
Councilman Hicks questioned if six lights were necessary, or if three lights would be sufficient.
Mr. Denz expressed concern for the safety of patrons of the restaurant walking through the parking lot at night.
Councilman Graber commented on light pollution and stated that although there were safety concerns he was also concerned about the residents of Seneca Street who had lived there for 50 years without lights shining on their homes. He preferred to see three lights along the back of the parking lot and three along the existing parking lot with all the lights shining toward the building. This would reduce the wattage to 1500 watts.
Bill Falkner, 5627 Seneca Street, agreed that the lighting should face the restaurant and was satisfied with the berm and landscaping.
Motion by Councilman Osmanski, seconded by Councilman Hicks, to grant the request for a rezoning for property located at 5626 Seneca Street, being part of Lot No. 227, changing its classification from R-75A to C-1, for a parking lot, conditioned upon the following: 1) the land being used exclusively for parking for the restaurant property; 2) parking shall be in accordance with the provisions of the ordinance; 3) the rezoned parcel shall be joined with 5700 Seneca Street; 4) the red “Flappy’s” sign on the rear of the restaurant shall be taken down and not replaced; 5) landscaping shall be as indicated on the plan dated April 2007 with regard to the location, type and kind of plantings and fencing; 6) the lighting plan shall be as discussed with three lights placed along the west boundary line facing Transit Road onto the new parking area and another three lights at the property line between the existing parcel and the parcel to be rezoned, and all six lights are to be single head lights with shields; 7) the grading plan shall be as presented on previous submittals; 8) any alteration to the garage shall leave the west side substantially intact.
Motion by Supervisor Clark, seconded by Councilman Hicks, to adjourn the meeting at 6:15 P.M.
PATRICIA C. DEPASQUALE, RMC/CMC