Planning Board Minutes 10/14/2010

WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                         Minutes #2010-10
West Seneca, NY 14224                                        October 14, 2010
 
Chairman Robert Niederpruem Jr. called the meeting to order at 7:00 P.M. followed by the Pledge to the Flag.
 
ROLL CALL:                               Present    -    Robert Niederpruem Jr., Chairman
                    Joseph Ciancio
                    Gerald Greenan
                    Donald Mendola
                    Anthony Nigro
                    Jim Rathmann
                    Joseph Sherman
                                                                                John Gullo, Code Enforcement Office
                                                                                Wendy Weber Salvati, Planning Consultant
                                                                                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 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 Greenan, seconded by Ciancio, to approve Minutes #2010-09 of September 9, 2010.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
          Motion by Ciancio, seconded by Greenan, to approve minutes from the September 23, 2010 special meeting.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
OLD BUSINESS COMMUNICATIONS
 
2010-A
 
A request from Walter Kolkiewicz for preliminary approval of the proposed Veronica Estates Subdivision located on Seneca Creek Road for 22 lots.
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                         Minutes #2010-10
West Seneca, NY 14224                                        October 14, 2010
                                                                      Page two . . .
 
2010-A (continued)
 
Keith Marquis of Marquis Engineering represented the petitioner, Walter Kolkiewicz, and stated that he had reviewed with Planning Consultant Wendy Salvati the changes requested by the Planning Board. The changes included adding acreage to each individual lot to determine the lot sizes and designating the conservation easement on the plan. The conservation easement is located approximately 105’ to the north of the end of the cul-de-sac and the line runs along the top of the escarpment area.
 
Chairman Niederpruem noted that the center line is at Sublot 13 & 14 with a setback of 30’. He questioned if a 40’ house depth was standard.
 
Mr. Marquis stated that the depth was between 30’ and 40’, depending on the type of house being built, so there will still be approximately 35’ from the rear of the house to the conservation easement area.
 
Mr. Greenan stated that the conservation easement will permit buildings that will not present any harm if there is a flood (i.e. gazebos, etc.). He questioned if there was anything in State Law that would prohibit a conservation easement.
 
Mr. Marquis was not aware of anything in State Law prohibiting a conservation easement.
 
Mr. Greenan referred to the lots on Seneca Creek Road that were zoned R-65A in the front and R-75 in the rear and stated it was the intention of the Town Board and Planning Board that those lots be developed under the R-65A zoning. Mr. Marquis indicated the R-65A zoning as 250’ from the north line of Seneca Creek Road, but Code Enforcement Officer Robert Pinnavaia had a different opinion. Mr. Greenan offered to meet with Mr. Pinnavaia sometime before the next meeting to attempt to work this out. He stated that the Planning Board did not want to slow the project down, but they had to address this question at some point and Mr. Marquis might have to go to the Zoning Board of Appeals to resolve the discrepancy between Lots 5 & 6 and 21 & 22.
 
Motion by Greenan, seconded by Rathmann, to grant preliminary approval of the proposed 22-lot Veronica Estates Subdivision on Seneca Creek Road in the form currently before the Planning Board.
 
Ayes: All                                     Noes: None                                 Motion Carried
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                         Minutes #2010-10
West Seneca, NY 14224                                        October 14, 2010
                                                                      Page three . . .
 
2010-B
 
A public hearing to consider a request from Wm. Schutt & Associates, P.C. representing Marrano/Marc Equity for preliminary approval of the proposed 10-lot Caldwell Drive Subdivision.
 
Robyn Cierniak of Wm. Schutt & Associates, P.C. represented Marrano/Marc Equity and stated they had received correspondence from the Department of Environmental Conservation (DEC), Town Engineer George Montz, and the Department of Environment & Planning (DEP) concerning sewer capacity for the 10 lots.  Robert Locey of the DEC stated in an email that 1) the town must implement a comprehensive plan for inflow & infiltration (I/I) reduction; 2) the town must submit a Downstream Capacity Analysis (DCA) as part of the application for approval plans; and 3) the developer must perform sewer repair work that removes I/I from the sewer system to offset the additional peak flows from the proposed sewer extension by a ratio of 4:1. Ms. Cierniak noted that the town had implemented a plan for I/I reduction in Sewer District #13 and was currently working on a DCA. Marrano/Marc Equity agreed to replace one building sewer lateral in accordance with the rehabilitation program.
 
Chairman Niederpruem noted that a letter was also received from Asst. Sanitary Engineer Peter Ruffino of the DEP stating that the location of the rehabilitation will be determined prior to sanitary sewer approval or issuance of building sewer permits.
 
Motion by Greenan, seconded by Mendola, to grant a negative declaration with regard to SEQR for the proposed 10-lot Caldwell Drive Subdivision.
 
Ayes: All                                     Noes: None                                 Motion Carried
 
Motion by Greenan, seconded by Rathmann, to grant preliminary approval of the proposed 10-lot Caldwell Drive Subdivision.
 
Ayes: All                                     Noes: None                                 Motion Carried
 
ADJOURNMENT
 
          Motion by Greenan, seconded by Niederpruem, to adjourn the meeting at 7:20 P.M.
 
          Ayes: All                                     Noes: None                                 Motion Carried
 
 
                                                                                                                                                                                                PATRICIA C. DEPASQUALE, RMC/CMC
                                                            SECRETARY