Planning Board minutes

 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-10
West Seneca, NY 14224                               November 14, 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 Nigro, to receive and file the proofs of publication and posting of legal notice.
 
Ayes: All                                 Noes: None                             Motion Carried
 
APPROVAL OF MINUTES
 
Motion by Ciancio, seconded by Mendola, to approve Minutes #2013-09 of October 10, 2013.
 
Ayes: All                                 Noes: None                            Motion Carried
 
OLD BUSINESS
 
SPR2012-07
 
A request from Carmina Wood Morris PC for revision of the site plan for 810 Union Road for addition of a five car garage
 
Chairman Niederpruem stated the Planning Board received the revised site plan showing the location of the garage and a rendering showing its effect on the site.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-10
West Seneca, NY 14224                               November 14, 2013
                                                                        Page two . . .
 
          SPR2012-07   (continued)
 
Chris Wood of Carmina Wood Morris PC presented Young Development’s proposal to relocate one of the garages at their project at 810 Union Road. Mr. Wood indicated the former location of the garage on the north side of the site parallel to the creek. The garage will be rotated 90 degrees and moved farther east. The new location exceeds the required setback by 49’ and there will be evergreens for screening. Mr. Wood commented that the new location will help block headlights from cars heading east and he submitted elevations and a sight line from 900 Union Road.
 
Chairman Niederpruem stated that he visited the site and the 1st floor elevation for the two garages and one building south of the garages appears to be higher than what he envisioned. He further commented on the new pine trees planted behind 900 Union Road and noted the gap in the trees.
 
Mr. Wood responded that the elevations were not changed from the plan that was approved.
 
Mr. Mendola suggested the pine trees be staggered all along the project to buffer Union Road properties and block headlights.
 
Mr. Wood stated the approved landscape plan indicates 6’ to 7’ staggered trees and if they are not all planted at this time they will be.
 
Mr. Rathmann questioned where the drainage goes.
 
Mr. Wood stated there is a swale that runs along the west side of the tree line to an existing catch basin.
 
Mr. Rathmann further commented on the trees and suggested additional 6’ to 7’ trees of the same size and type be planted in a staggered pattern.
 
No comments were received from the public.
 
Motion by Greenan, seconded by Sherman, to adopt the following resolution:
 
WHEREAS, the Town of West Seneca received an application for site plan approval for relocation of a five car garage at 810 Union Road; and
 
WHEREAS, the Town of West Seneca Planning Board in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law has reviewed this action; and
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-10
West Seneca, NY 14224                               November 14, 2013
                                                                        Page three . . .
 
          SPR2012-07   (continued)
 
WHEREAS, this project will not adversely affect the natural resources of the state and/or the health, safety and welfare of the public and is consistent with social and economic considerations; now, therefore, be it
 
RESOLVED, that the Town of West Seneca Planning Board has determined that the proposed action is not anticipated to result in any significant negative effect on the environment and that a Negative Declaration is hereby issued.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Mendola, to grant site plan approval for the project at 810 Union Road for relocation of a five car garage, conditioned upon planting 6’ to 7’ Colorado blue spruce trees staggered every 15’ to fill in the gaps from the end of the existing fence to the north property line of 900 Union Road.
 
On the question, Chairman Niederpruem estimated about 8 to 10 additional trees should be planted to fill in the gaps.
 
Ayes: All                                 Noes: None                             Motion Carried
 
SPR2013-07
 
A request from Prem K Chopra, M.D. for site plan approval for property located at 3705 Seneca Street to demolish existing building and construct a new building
 
Attorney Ralph Lorigo represented the petitioner, Prem K Chopra M.D., and stated his proposal to construct a new 4800 sf one-story medical office building at the rear of the site. Upon completion, the front building will be demolished and that area will be used for parking. Mr. Lorigo stated that stamped plans have been submitted as requested and the Zoning Board granted variances to reduce the parking.
 
Chairman Niederpruem noted the environmental assessment form indicated the action does not involve a permit and Erie County corrected it to state that it does involve a permit.
 
Mr. Rathmann questioned the location of the flood plain in relation to the property and was concerned the building will interfere with it.
 
Code Enforcement Officer Jeffrey Schieber did not believe this would be a problem since the flood plain is not shown on the survey, but noted that building permits will not be issued if it is. Town Engineer Jason Foote’s letter also does not mention a flood plain.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-10
West Seneca, NY 14224                               November 14, 2013
                                                                        Page four . . .
 
          SPR2013-07   (continued)
 
Mr. Rathmann commented on the east side of the property and the pavement of the adjoining neighbor that comes right up to the parking lot and it appears they access a parking area through Dr. Chopra’s property. There will now be a swale there and he questioned how they will get to the parking area. The other side also has gravel coming up to the parking lot and there is a swale proposed for that side. He questioned where the water will go, noting there is no point of discharge.
 
Mr. Lorigo stated the drainage plan was approved in 2012 when the garage was removed.
 
Mr. Rathmann stated the site plan says the parking spaces are 9’ x 20’, but they are actually shorter so there will be less room for the handicapped ramp when they are installed at the proper dimensions.  He further stated there is no indication as to the size of the plant material.
 
Mr. Lorigo stated they will conform with the ordinance with regard to the size of the parking spaces and the required size of plantings.
 
Mr. Mendola commented on the proposed lighting and noted it should be directed down and toward the middle of the project.
 
Mr. Schieber stated that his office walks the site upon completion of the project and lighting is addressed at that time.
 
No comments were received from the public.
 
Motion by Greenan, seconded by Ciancio, to adopt the following resolution:
 
WHEREAS, the Town of West Seneca received an application for site plan approval for the proposed project at 3705 Seneca Street to demolish the existing building and construct a new building; and
 
WHEREAS, the Town of West Seneca Planning Board in compliance with Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law has reviewed this action; and
 
WHEREAS, this project will not adversely affect the natural resources of the state and/or the health, safety and welfare of the public and is consistent with social and economic considerations; now, therefore, be it
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-10
West Seneca, NY 14224                                November 14, 2013
                                                                        Page five . . .
 
          SPR2013-07   (continued)
 
RESOLVED, that the Town of West Seneca Planning Board has determined that the proposed action is not anticipated to result in any significant negative effect on the environment and that a Negative Declaration is hereby issued.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Mendola, seconded by Rathmann, to grant site plan approval for 3705 Seneca Street to demolish the existing building and construct a new building, conditioned upon trees and shrubs being planted according to Town Code and the SEQR form being corrected as indicated.
 
Ayes: All                                 Noes: None                             Motion Carried
 
 NEW BUSINESS COMMUNICATIONS
 
2013-05
 
A request from Joseph J Gatta for a special permit for property located at 2447 Clinton Street, being part of Lot No. 1, changing its classification from C-2 to C-2(S), for automotive repair
 
Chairman Niederpruem stated that along with the application the Planning Board received a short environmental assessment form, a survey and a proposed layout of the property. He further noted that variances were granted by the Zoning Board to reduce parking to 9 spaces and reduce the driveway from two lanes 25’ to 19’.
 
Attorney Ralph Lorigo represented Joseph Gatta and stated he purchased the property last November and made substantial improvements to the site including a new roof on the pole barn. The property is 100’ x 235’ and zoned C-2. There is a small office in the front building and a two-story, two-family home.  A storage barn is located behind that and then a three-bay, 4158 sf metal building that was formerly rented to Schaub Rental. Mr. Gatta will be using the metal building to restore muscle cars on weeknights and weekends and he will work alone with no additional employees. There will be no painting, no outside storage of vehicles, no structural changes to the buildings or parking lot and only one or two vehicles at a time in the building. Mr. Lorigo referred to other businesses in the area and submitted letters of support from property owners at 2439, 2444, 2460 & 2467 Clinton Street & 1051 Harlem Road.
 
Mr. Rathmann referred to the location of the diagonal parking and commented it will be difficult to get out of the parking spaces that are perpendicular to Clinton Street. He suggested moving the handicapped parking space against the fence as an alternative to allow for an access aisle.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-10
West Seneca, NY 14224                               November 14, 2013
                                                                        Page six . . .
 
          2013-05   (continued)
 
No comments were received from the public.
 
Motion by Greenan, seconded by Sherman to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Mendola, to recommend approval of a special permit for property located at 2447 Clinton Street, being part of Lot No. 1, changing its classification from C-2 to C-2(S), for automotive repair, conditioned upon 1) moving the handicapped parking south to the fence; 2) no outside storage of vehicles.
 
Ayes: All                                 Noes: None                             Motion Carried
 
ADJOURNMENT
 
Motion by Greenan, seconded by Sherman, to adjourn the meeting at 7:40 P.M.
 
Ayes: All                        Noes: None                    Motion Carried
 
 
 
                                                               ________________________________
                                                                JACQUELINE A FELSER
                                                                         TOWN CLERK/PLANNING BOARD
 SECRETARY

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