Planning Board Minutes
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Chairman Robert Niederpruem called the meeting to order at 7:00 P.M. followed by the Pledge of Allegiance led by Sergeant-at-Arms Joseph Sherman.
ROLL CALL: Present - Robert Niederpruem Jr., Chairman
Donald Mendola
Jim Rathmann
Joseph Sherman
George Clifford
Margaret Bebak
Jeffrey Schieber, Code Enforcement Officer
Absent - Joseph Ciancio
John J Fenz, Town Attorney
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 Mendola, to receive and file the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Clifford, seconded by Mendola, to approve Minutes #2016-07 of July 14, 2016.
Ayes: All Noes: None Motion Carried
OLD BUSINESS COMMUNICATIONS
SPR2016-06
A request from Ratajczyk Properties LLC for site plan approval for property located at 2724 Transit Road to construct an 11,352 sf one-story building, site utilities, grading & landscaping.
Motion by Sherman, seconded by Rathmann, to open the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page two . . .
SPR2016-06 (continued)
Robert Pidanick of Nussbaumer & Clarke represented Jeremy Ratajczyk and stated the Planning Board identified three issues at the previous meeting - hydric soils and possible federal wetlands, access to the tower at the rear of the property and a landscape plan. Earth Dimensions has determined there are no federal wetlands on site and a letter was submitted. Revised drawings were also submitted with a full set of plans including a driveway to the tower and a landscape plan. The Town Engineer has provided an affirmative response to the comments made. They plan to use a grinder pump and tie into the public sanitary sewer. Two easements are required to accomplish this as they will have to cross Marrano/Marc Equity and NYSEG property to connect and they are currently negotiating. In the event they do not obtain the easements, they will use a septic system which is permitted by Erie County. Mr. Pidanick understood NYSEG does not have an issue, but it has to go through their process.
Mr. Rathmann questioned who owns the tower.
Mr. Pidanick responded there is an agreement with Upstate Tower that allows them perpetual access to their tower and they have agreed to reconfiguration of the driveway.
Mr. Rathmann referred to the layout of the parking lot and suggested eliminating the two dead end lots, reconfiguring it to connect the parking areas and adding pedestrian access. He further suggested adding more shade trees to the site.
Mr. Pidanick responded the plan provides 63 parking spaces and they are willing to modify it to allow for better circulation.
Mr. Sherman questioned where the septic system will be located if they do not obtain the easements.
Mr. Pidanick responded there is sufficient space behind the building. They prefer not to use a septic system and it will be a last resort.
No comments were received from the public.
Motion by Mendola, seconded by Rathmann, to close the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page three . . .
SPR2016-06 (continued)
Motion by Mendola, seconded by Clifford, to issue a negative declaration with regard to SEQR for the proposed project at 2724 Transit Road.
Ayes: (5) Mr. Mendola, Mr. Clifford, Mr. Rathmann, Mr. Sherman, Mrs. Bebak
Noes: None Abstentions: (1) Chairman Niederpruem Motion Carried
Motion by Mendola, seconded by Rathmann, to grant site plan approval for property located at 2724 Transit Road to construct an 11,352 sf one-story building, site utilities, grading & landscaping, conditioned upon the following: 1) reconfiguring the parking to connect all parking areas; 2) addition of five shade trees; 3) receipt of letters of approval for required easements from NYSEG and Marrano/Marc Equity.
Ayes: (5) Mr. Mendola, Mr. Clifford, Mr. Rathmann, Mr. Sherman, Mrs. Bebak
Noes: None Abstentions: (1) Chairman Niederpruem Motion Carried
SPR2016-07
A request from Rob Rausch for site plan approval for property located at 3240 Clinton Street to construct a 6240 sf warehouse/office building with associated site improvements.
Motion by Mendola, seconded by Rathmann, to open the public hearing.
Ayes: All Noes: None Motion Carried
Chairman Niederpruem stated this item was held over from the previous meeting because the SEQR comment period had not closed. A letter of approval has since been received from NYSDOT for the two driveways. The Planning Board had also asked that the front of the metal building be enhanced.
Architect Daryl Martin stated the proposed building will be 16’ high with two 14’ high doors on the front and will be light gray with dark black on the bottom.
Chris Wood of Carmina Wood Morris noted engineering approval was received and they have added landscaping to the front of the building.
Chairman Niederpruem stated they are looking for more architecturally in the building and commented on the neighboring building for Shell Fab with a cost of over $2 million. The nearby auto shop has also been upgraded.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page four . . .
SPR2016-07 (continued)
Mr. Mendola agreed and stated Clinton Street is one of the arteries that crosses town and they want to see the building dressed up a little more.
Mrs. Bebak suggested adding stone to the front of the building and dressing up the garage doors with highlight windows.
Mr. Martin responded the proposed Shell Fab building is beautiful and it will overpower this building which will be located behind it.
Mr. Rathmann requested trees along the east property line to screen the building from the Shell Fab building and also suggested the trees along Clinton Street not be planted near the power lines.
Mr. Wood suggested groupings of pine trees along the east property line.
Mr. Sherman questioned the type of sign and Mr. Martin responded the sign will be on the building and will probably be constructed of a plastic material.
Mr. Rathmann questioned the type of lighting proposed.
Mr. Wood responded the area does not need to be lit at night and they are just proposing wall packs on the building.
Motion by Mendola, seconded by Rathmann, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Mendola, seconded by Sherman, to issue a negative declaration with regard to SEQR for the proposed 6240 sf warehouse/office building at 3240 Clinton Street.
Ayes: All Noes: None Motion Carried
Motion by Mendola, seconded by Rathmann, to table this item pending receipt of revised plans indicating architectural upgrades to the building.
Ayes: (3) Mr. Mendola, Mr. Rathmann, Chairman Niederpruem
Noes: (2) Mr. Sherman, Mrs. Bebak Abstentions: (1) Mr. Clifford
Motion Carried
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page five . . .
NEW BUSINESS COMMUNICATIONS
Chairman Niederpruem stated the Planning Board will be addressing the next four applications together.
2016-04
A request from Vann Advertising, Inc. for a special permit for property located at 525 Bullis Road, changing its classification from M-1 to M-1(S), for construction of a two-sided 10' x 36' billboard sign, 35' high.
2016-05
A request from Vann Advertising, Inc. for a special permit for property located at 1648 - 1650 Union Road, being part of Lot Nos. 84 & 85, changing its classification from M-2 to M-2(S), for construction of a two-sided 10' x 36' billboard sign, 35' high.
2016-06
A request from Vann Advertising, Inc. for a special permit for property located at 1940 Ridge Road, changing its classification from M-1 to M-1(S), for construction of a two-sided 10' x 36' billboard sign, 35' high.
2016-07
A request from Vann Advertising, Inc. for a special permit for property located at the rear of Bullis Road property on the north side of Route 400, being part of Lot No. 366, changing its classification from M-1 to M-1(S), for construction of a two-sided 10' x 36' billboard sign, 35' high.
Motion by Mendola, seconded by Sherman, to open the public hearing.
Ayes: All Noes: None Motion Carried
Attorney Ralph Lorigo represented Larry Vann of Vann Advertising and stated he will be purchasing three of the four properties involved, but has not yet received the contract relating to application #2016-07. He asked that this item be tabled pending receipt of the contract. Mr. Lorigo referred to previous billboards along Route 400 that Mr. Vann constructed several years ago. At that time, litigation occurred and the Town Code was modified to include 17 conditions relative to billboards as opposed to one.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page six . . .
2016-04 – 2016-07 (continued)
The applications submitted meet 16 of the 17 conditions and the only condition not met is #2 which is not applicable because it relates to billboards affixed to a wall. Mr. Lorigo presented Google maps of the proposed locations indicating placement of the billboards on the sites and noted all are zoned M-1 or M-2 which allows for billboards. Only the site at 1650 Union Road will be leased. None of the billboards will be located within 1250’ of another billboard. They will not exceed 35’ high, will be no more than 380 sf and will be lit up but not electronic. They will be setback at least the setback of the area and will not be located within 300’ of a residential district.
Chairman Niederpruem stated the Planning Board requires an updated survey for each of the properties along with a letter of permission from the property owner. He commented on the bad visual impact of billboards and thought the Union Road site would be a negative to the community, noting the town is working diligently to make Union Road a town center. Chairman Niederpruem further stated previous submittals for billboards included a photo of the road with the billboard superimposed to better realize the visual impact.
Mr. Lorigo responded the Town Code specifies where billboards can be located, and although they are not anyone’s favorite thing, only a special permit is required for these locations. These will be typical single pole billboards and they will provide a photo of the locations. Mr. Lorigo commented that updated surveys will place an undo burden on the applicant and asked that the Planning Board accept a certificate of no change on the surveys.
Mr. Clifford requested verification that the billboard at 525 Bullis Road and Union Road are setback 300’ from the Route 400 bridge overpasses.
Mr. Rathmann commented that the documents submitted for each of the sites are hard to read and have no exact locations making it difficult to review.
Susan Kims commented that billboards are blight on scenic landscape, drivers should be focused on the road and traffic safety is a legitimate basis for regulating billboards. She further commented the updated Comprehensive Plan does not have a vision of billboards along town roads.
Motion by Mendola, seconded by Rathmann, to close the public hearing.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page seven . . .
2016-04 – 2016-07 (continued)
Motion by Sherman, seconded by Mendola, to table these applications pending receipt of updated surveys indicating exact location of the billboard and conformity with setbacks, photos of the locations with the billboard superimposed, confirmation that the billboards are a distance of 300’ or more from the Route 400 overpasses, proof of ownership of property by the applicant or letters from the current owners authorizing placement of the billboards.
Ayes: All Noes: None Motion Carried
2016-08
A request from Joseph B. See, R.A. for a special permit for property located at 1365 Indian Church Road, being part of Lot No. 77, changing its classification from R-50 to R-50(S), to convert existing floor space into two one-bedroom apartments (total of 6 dwelling units).
Motion by Mendola, seconded by Rathmann, to open the public hearing.
Ayes: All Noes: None Motion Carried
Chairman Niederpruem stated along with the application the Planning Board received an acknowledgement from the property owner, an architectural rendering and a survey.
Architect Joseph See represented Michael Masters and stated his proposal to renovate approximately 900 sf of the first floor of the existing building at 1365 Indian Church Road for two additional one-bedroom apartments. This will increase the units from four to six and the parking area will also be increased to allow for 12 vehicles.
Mr. Rathmann referred to the water outflow for the bioretention basin and questioned if a percolation test was done.
Mr. See did not believe a percolation test was done but stated he could have C & S Engineers perform one. Code Enforcement Officer Jeffrey Schieber noted two engineering reports were received that may already contain that information.
Mr. Rathmann questioned if Mr. Masters spoke with 14 Holy Helpers Church about screening the parking area with vegetation or a fence. He further noted screening is required for the residential properties on the south side.
Mr. Masters stated 14 Holy Helpers Church has no objection to his project. They are good neighbors and the parking lots abut for two-thirds the length of the property.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page eight . . .
2016-08 (continued)
Susan Kims questioned who will be responsible for maintenance of the retention swale and Chairman Niederpruem advised it is the property owner’s responsibility.
Motion by Mendola, seconded by Rathmann, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Sherman, seconded by Rathmann, to recommend approval of a special permit for property located at 1365 Indian Church Road, being part of Lot No. 77, changing its classification from R-50 to R-50(S), to convert existing floor space into two one-bedroom apartments, conditioned upon the following: 1) confirmation that the retention basin has proper soil to absorb water; 2) appropriate screening in the form of a fence or vegetation on the south side adjacent to the residences.
Ayes: All Noes: None Motion Carried
SPR2016-09
A request from Michael A Pasquale Sr. for site plan approval for property located at 422 Indian Church Road for construction of a 32' x 68' pole barn.
Motion by Mendola, seconded by Sherman, to open the public hearing.
Ayes: All Noes: None Motion Carried
Chairman Niederpruem stated along with the application the Planning Board received a short environmental assessment form, a rendering of the pole barn and a site plan.
Michael Pasquale stated he purchased this lot which has been an eyesore for years. He has been cleaning it up over the past year and would like to put up a pole barn for storage of equipment and tools for his home improvement company. A new plan was submitted indicating drainage for the site.
Chairman Niederpruem stated water cannot flow onto neighboring properties and the plan does not indicate where the water goes when it gets to the property line.
Mr. Rathmann also commented on the need to collect water from the parking area and drain it somewhere. He was satisfied with the look of the building, but suggested moving it toward the NYS Thruway to a more level section of the property and hiring an engineer to address the drainage.
Mr. Mendola questioned if any equipment will be stored outside.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2016-08
West Seneca, NY 14224 August 11, 2016
Page nine . . .
2016-09 (continued)
Mr. Pasquale responded he will store as much as possible inside and anything outside will be at the rear of the building.
Code Enforcement Officer Jeffrey Schieber noted the plan indicates a fence so it is zoning compliant.
No comments were received from the public.
Motion by Mendola, seconded by Sherman, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Mendola, seconded by Rathmann, to table this item pending receipt of an approved drainage plan.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Mendola, seconded by Rathmann, to adjourn the meeting at 8:30 P.M.
Ayes: All Noes: None Motion Carried
________________________________
JACQUELINE A FELSER
TOWN CLERK/PLANNING BOARD
SECRETARY