Planning Board Minutes

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                       November 10, 2010

Vice Chairman Donald Mendola called the meeting to order at 7:00 P.M. followed by the Pledge to the Flag.

 

                   Joseph Ciancio

Vice Chairman Mendola read the Fire Prevention Code instructing the public where to exit in case of a fire or other emergency.

 

 

 

 

 

 

 

A request from Nina Nadolny for site plan approval for property located at 1909 Union Road to pave existing parking lot and install catch basin and retention pond for Elle Therapeutic Massage.

 

Vice Chairman Mendola stated that at a previous meeting Mrs. Nadolny was instructed to have the property line determined and resolve the parking dispute with the neighbor.

 

 

 

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                       November 10, 2010

SPR2010-05 (continued)

 

Attorney Ralph Lorigo, 101 Slade Avenue, represented Nina Nadolny and stated that the site plan was modified from the original plan submitted. Mrs. Nadolny took title to two parcels of property – a 70 foot parcel that contains the main house and the 50 foot paper street. The deed for the paper street was turned over to Solomon’s in 1999 and a correction to the legal description was necessary before the property could be transferred to Mrs. Nadolny. The correction was made in May 2010. On August 9, 2010 the neighbor was asked to come in and view the new proposal that keeps all the parking off the 25 feet that he feels he has a claim to.  Mr. Lorigo disputed the neighbor’s claim and stated that Mrs. Nadolny has color of title and receives the tax bill on the property, but the parking area was moved so it does not interfere with his claim. There is 60.4’ between the house and the lot line and from the edge of the parking to the lot line there is 34.4’. Mr. Lorigo stated that he wrote to Sean Hopkins, attorney for the neighbor, and asked him to look at the revised plan. Mr. Hopkins response to the letter requested various items to prove ownership, but he still had not taken the opportunity to review the site plan. Mr. Lorigo stated that the Planning Board could not settle neighborhood disputes, but they had to determine if the revised site plan meets the code requirements and should be approved. He asked that a decision be made at this meeting.

 

Mr. Mendola referred to the Planning Board minutes from the July 8, 2010 meeting and stated that this item was tabled “until the property line is determined and the parking dispute is resolved between Mrs. Nadolny and the neighbor and both notify the town of the resolution.” As of this meeting, the issue has not been resolved and the Planning Board did not want to act on this matter until it is.

 

Mr. Lorigo stated that he has tried to resolve the issue but cannot force the neighbor to do so, and if they cannot resolve it the Planning Board still needs to make a determination on the site plan.

 

Town Attorney Shawn Martin stated that he spoke with Mr. Hopkins yesterday and there appeared to be some willingness to resolve the issue as long as his client’s needs are taken care of.

 

Mr. Lorigo presented all the correspondence he had sent to Mr. Hopkins and stated that he did not believe they wanted to resolve the issue. The Nadolny’s own the property and even if Mr. Hopkins’ client believes he owns 25 feet, the site plan alleviates any concerns because there is nothing on that area of the property.

 

Mr. Ciancio thought the Planning Board should act on this issue since the Nadolny’s had a legitimate deed to the property and the neighbor was not responding to Mr. Lorigo’s requests.

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                      November 10, 2010

SPR2010-05 (continued)

 

Mr. Mendola referred to a letter from Mr. Hopkins dated November 9, 2010 stating that neither he or his client had an opportunity to review the most recent site plan and requesting that the plan be mailed or emailed to him.

 

 

 

 

 

 

 

 

Ayes: All                                   Noes: None                               Motion Carried

 

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                      November 10, 2010

 

A request from Frank Wailand for site plan approval for property located at 290 French Road for construction of a 1440 sf pole barn retail building and to rebuild a 48' x 95' greenhouse on an existing concrete pad.

 

Frank Wailand, 3922 Seneca Street, stated that the Weber family has been on this property since 1859 and recently added a parking lot. The proposed retail center will be seasonal. There is a lot of existing vegetation but they will be adding some red maple trees. The foundation for the greenhouse is existing from a previous greenhouse that came down during a winter storm a few years ago.

 

Mr. Mendola noted that there were buildings on the property that are not included in the survey so that will need to be updated.

 

Planning Consultant Andrew Reilly stated that the property is zoned R-100A and the Town Code states that no new buildings shall be constructed as accessory uses for display and sale of locally grown produce.  Retail and commercial uses are not permitted as a principal or accessory use in an R-100A district; therefore, the Weber’s will have to apply to the Zoning Board of Appeals for a use variance or apply for a rezoning.

 

Bill Weber, 258 French Road, stated that his business was operating prior to adoption of the zoning code in 1963. They would like to put up a no maintenance fence to replace the snow fence and also a newer sign. He understood they had to apply for a variance for the fence and sign but thought the business itself was grandfathered under the Zoning Ordinance.

 

Mr. Ciancio stated that a building permit will not be issued until this is resolved, so Mr. Weber should go to the Zoning Board first.

 

Mr. Reilly suggested the Planning Board send the Zoning Board a recommendation. They would also like Mr. Weber to get an updated survey and consider additional landscaping. There will be no new lighting and drainage was already addressed with the site plan waiver for the parking lot. Mr. Reilly suggested that Mr. Weber check with the Code Enforcement Office regarding the height of the building because that will also require a variance if it exceeds what is permitted in the Town Code.

 

Town Attorney Shawn Martin stated that Mr. Weber will need a diagram of the sign for the Zoning Board indicating its height, width, placement, etc.

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                      November 10, 2010

SPR2010-09 (continued)

 

 

 

 

 

 

A request from D.R. Chamberlain Corp. for site plan approval for property located at 216 Orchard Park Road for a new vehicle storage facility.

 

Planning Consultant Andrew Reilly stated that the Town Board granted a special permit for the vehicle storage facility with a stipulation that there be appropriate screening for the abutting properties. Planning Board member Jim Rathmann did not believe the proposed screening was an adequate buffer and submitted specific recommendations to the landscape plan. He also questioned whether the area for snow storage was sufficient and was not happy with the grading plan. Code Enforcement Officer Robert Pinnavaia noted that a variance from the Zoning Board of Appeals will be required to allow barbed wire on the top of the fence. Also, oiling and chipping the parking lot is not considered a durable, dust free surface and asphalt is required.

 

Mr. Mendola stated that appropriately screening the properties to the west and the north was a concern.

 

Robyn Cierniak of Wm. Schutt & Associates represented D.R. Chamberlain Corp. and

stated that there was not a significant amount of screening indicated because of the grading plan. Town Engineer George Montz’ recommendation was to not do significant grading on the site, so it will be difficult to plant trees on a slope.

 

Bill Wincott of D.R. Chamberlain Corp. stated that he had no problem using asphalt for the parking lot and there was plenty of room for snow storage because inventory is low in the winter so the parking lot will not be full. There is a fair amount of landscaping along the driveway from Orchard Park Road and that is the only part of the site anyone will see. Mr. Wincott noted that Wegmans does not want screening because it is a place for kids to hide and there is an empty field to the north that abuts the Ironworkers property.

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                      November 10, 2010

SPR2010-10 (continued)

 

Mr. Sherman stated that he would like to see another form of trees in between the proposed trees to provide additional screening in the event the Ironworkers have a picnic in the rear.

 

Mr. Reilly referred to the lighting plan that indicates there will be no light spillage off the property. Although the lighting is needed for security, he suggested that the lights be dialed down at night. Mr. Montz will be reviewing the engineering with the berm so there is no flooding onto the property.

 

Joe Barnaschuk represented the Ironworkers Hall on Orchard Park Road and stated concerns about drainage if they are allowed to cut through the berm. He noted that three businesses use the Ironworkers Hall and it is also a banquet facility, so they cannot have the vehicle storage facility negatively affecting their rentals. Two years ago someone purchased the property and parked used vehicles without proper permits from the town, which negatively affected hall rentals. Mr. Barnaschuk stated the property is about 8’ higher than the Ironworkers’ property and a chain link fence will not screen it; a privacy fence is needed along with landscaping. They were more concerned about landscaping that area than the front portion. Mr. Barnaschuk stated that the Ironworkers also own 188 Orchard Park Road which is their training facility for apprentices. That property is entirely fenced and covered with vinyl on the outside and it is landscaped.

 

Mr. Mendola stated that the only drainage that will not be captured within the drainage plan might be that which falls between the fence and the property line, a five foot area. The rest must be captured and a back check valve installed.

 

Mr. Barnaschuk stated that next to the building where there are trees indicated on the plan there is a swale and they do not want that changed because they were concerned the water will then enter the building. He also asked that the trees in the front be removed and a privacy fence be installed along the length of the property with landscaping in the rear. Mr. Barnaschuk further questioned where the trucks will unload the vehicles and asked that it be at the back of the property and not near the side door of their banquet facility.

 

Mr. Reilly stated that they cannot direct where the trucks will unload but they can ask that they be good neighbors and work together on this.

 

 

 

 

1250 Union Road                                       Minutes #2010-11

West Seneca, NY 14224                                      November 10, 2010

SPR2010-10 (continued)

 

Motion by Greenan, seconded by Ciancio, to approve the site plan for property located at 216 Orchard Park Road for a new vehicle storage facility conditioned upon: 1) the lighting plan submitted being adopted as part of the site plan; 2) no barb wire; 3) the fence shall be a privacy fence; 4) screening as discussed for the length of the fence on the north side as shown on the site plan; 5) landscaping shall be reasonably acceptable to the adjacent Ironworkers Hall.

 

Ayes: All                                    None:                              Motion Carried