Planning Board Minutes

WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-08
West Seneca, NY 14224                               September 12, 2013
 
Chairman Robert Niederpruem called the meeting to order at 7:00 P.M. followed by the Pledge of Allegiance to the Flag led by Sergeant-at-Arms Joseph Sherman.
 
ROLL CALL:          Present    -   Robert Niederpruem Jr., Chairman
Donald Mendola
Joseph Ciancio
Gerald Greenan
                               Anthony Nigro
                  Jim Rathmann
                           Joseph Sherman
                           Jeffrey Schieber, Code Enforcement Officer
                           Shawn Martin, Town Attorney
 
Absent    -    None
                          
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 Rathmann, seconded by Ciancio, to receive and file the proofs of publication and posting of legal notice.
 
Ayes: All                        Noes: None                    Motion Carried
 
APPROVAL OF MINUTES
 
Motion by Greenan, seconded by Sherman, to approve Minutes #2013-07 of August 8, 2013.
 
Ayes: All                        Noes: None                    Motion Carried
 
OLD BUSINESS
 
SPR2013-05
 
A request from Canisius High School for site plan approval for property located at 2885 Clinton Street for a locker room building.
 
Chairman Niederpruem stated this project was tabled from the previous meeting because the SEQR window was only 27 days rather than the required 30 days.
 
Brian Brady of Wendel Duscherer stated there have been no changes to the plan originally submitted.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-08
West Seneca, NY 14224                               September 12, 2013
                                                                        Page two . . .
 
          SPR2013-05   (continued)
 
Town Attorney Shawn Martin referred to correspondence and comments received from Daniel Warren concerning the Canisius project being built piece meal. Mr. Martin questioned if the application submitted was a complete project and suggested that if Canisius intended to do more at the site, they hold off on site plan approval and come back with a complete plan so there is no question of segmentation.
 
Mr. Brady responded that a master plan for the site was prepared five years ago that included the football field and track with bleachers and two small buildings, one which was built earlier and the locker room that is now being proposed. The plan also included two soccer fields and a baseball field with no bleachers. Currently there are no funds for them, but at some point in the future they may ask for approval from the town. The locker room is what they can afford to build at the present time. Mr. Brady further stated that every high school that offers a competition level venue is expected to have locker rooms, but they could not afford them when the original project was submitted. He also noted the parking lot is complete as is.
 
Chairman Niederpruem commented that parking becomes an issue on Clinton Street during football games.
 
Mr. Brady responded that parking is only an issue about four times each year during certain football games.
 
Mr. Martin suggested if the site plan is approved there also be a stipulation that there will be no further structures and only playing fields will be allowed as they were contained in the original plan submitted.
 
         Motion by Greenan, seconded by Rathmann, that the Planning Board discussed at length the topic of segmentation and determined that the locker room project does not create segmentation under the SEQR rules.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         Motion by Greenan, seconded by Mendola to adopt the attached resolution issuing a negative declaration with regard to SEQR for the Canisius High School project at 2885 Clinton Street.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
         Motion by Greenan, seconded by Sherman, to grant site plan approval for property located at 2885 Clinton Street for a locker room building.
 
         Ayes: All                                 Noes: None                            Motion Carried
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-08
West Seneca, NY 14224                               September 12, 2013
                                                                        Page three . . .
 
NEW BUSINESS
 
SPR2013-06
 
A request from Daryl Martin, Architect for site plan approval for property located at 3720 Seneca Street to expand parking lot.
 
Chairman Niederpruem noted receipt of a letter from NYSDEC stating they did not identify any significant environmental concerns regarding this project.
 
Daryl Martin stated the proposal from Pasquale’s Restaurant to expand their parking lot at 3720 Seneca Street. Pasquale’s is purchasing the entire parcel at 3710 Seneca Street contingent on approval of the site plan. They will be keeping the existing residential structure and garage behind it and the owner will continue to live there. The current parking lot is inefficient and will be reconfigured so they will gain 20 parking spaces. Mr. Martin noted that part of the property is zoned residential and they will stay away from that. The additional property will also allow for extra snow storage.
 
Code Enforcement Officer Jeffrey Schieber referred to issues his office has had with the business and requested that truss I.D. signs be added at all four doors per NYS Fire Code, the occupant load sign be posted visibly inside the building per NYS Fire Code, and the building address be posted on the outside as required by the Town of West Seneca Zoning Ordinance.
 
Mr. Greenan noted that the Code Enforcement Office should issue no permits without the business complying with NYS code.
 
Town Attorney Shawn Martin stated that citations can be issued if they are violating Town Code and NYS Fire Code.
 
Mr. Mendola noted the lack of a survey for the property.
 
Mr. Martin stated a new survey is part of the contingency and the area they are asking for site plan approval is vacant land.
 
Chairman Niederpruem noted receipt of a letter from adjoining property owners on Main Street concerning debris in the back yard and questioned the zoning for the property. 
 
Mr. Schieber stated the rear of the property is zoned C-2 and the Main Street property is R-65.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-08
West Seneca, NY 14224                               September 12, 2013
                                                                        Page four . . .
 
          SPR2013-06   (continued)
 
Andy Oscypala stated his property on Main Street abuts the property at 3720 Seneca Street. He has a chain link fence along his rear property line and there is trash and debris at the rear of 3720 Seneca Street that blows over the fence into his yard at times. Mr. Oscypala asked that the property owner be required to clean up and maintain the 15’ x 65’ area at the rear property line and possibly install a fence.
 
Laura Stetzko stated her property on Main Street also abuts the parcel and she and her husband would support the proposed parking lot as long as there is no negative impact to their lives. They requested the following: 1) a 6’ vinyl fence for privacy and to stop people from cutting through their yard; 2) the overgrowth be replaced with larger trees, bushes or flowers; 3) the trash be picked up on a routine basis and dumpsters enclosed. Mrs. Stetzko further suggested redesigning the existing parking lot to allow for additional parking rather than expanding the lot.
 
Ron Woltz, owner of Pasquale’s, stated a third dumpster was added a few months ago to help stop debris from blowing out and he will police the property in the rear more and maintain up to property line. He did not believe a fence would give privacy to the neighbors because it is on a hill. Mr. Woltz stated that neighborhood kids go in the back and start fires and hang out and he has no control over that, but he will have the area cut and maintained regularly.
 
Mr. Rathmann suggested moving the fence off the edge of the paving on the north side of the parking lot to aid in snow plowing.
 
Mr. Martin responded that the fence was on the original plan but it is not there now. There will be a fence on the west side.
 
Mr. Mendola commented that any new lighting should be pointed inward.
 
Motion by Greenan, seconded by Ciancio, to issue a negative declaration with regard to SEQR for the parking lot expansion at 3720 Seneca Street.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Mendola, seconded by Sherman, to grant site plan approval for property located at 3720 Seneca Street to expand the parking lot subject to engineering approval and noting that the propertyowner agrees to maintain the back property line and keep it free of debris.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-08
West Seneca, NY 14224                               September 12, 2013
                                                                        Page five . . .
 
 
ADJOURNMENT
 
Motion by Greenan, seconded by Sherman, to adjourn the meeting at 7:50 P.M.
 
Ayes: All                        Noes: None                    Motion Carried
 
 
 
                                                               ________________________________
                                                                JACQUELINE A FELSER
                                                                         TOWN CLERK/PLANNING BOARD
 SECRETARY

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