Planning Board Minutes

WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                       December 9, 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
Donald Mendola, Vice Chairman
                   Joseph Ciancio
                   Gerald Greenan
                   Anthony Nigro
                   Jim Rathmann
                   John Gullo, Fire Inspector
                                                                             Wendy Weber-Salvati, Planning Consultant
                                                                             Shawn Martin, Town Attorney
                  
                                                          Absent    -    Joseph Sherman
                                                                            
                  
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 approve the proofs of publication and posting of legal notice.
 
          Ayes: All                                    Noes: None                               Motion Carried
 
APPROVAL OF MINUTES
 
          Motion by Nigro, seconded by Mendola, to approve Minutes #2010-11 of November 10, 2010.
 
          Ayes: All                                    Noes: None                               Motion Carried
 
OLD BUSINESS COMMUNICATIONS
 
SPR2010-09
 
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 of F.J. Wailand Associates represented Bill Weber Greenhouses and stated that they had applied to the Zoning Board of Appeals and received unanimous approval on the structure and for installation of a cross buck type of maintenance free vinyl fence along the front of the parcel for containing future displays.
 
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page two . . .
 
 
          SPR2010-09   (continued)
 
Mr. Mendola asked for an updated survey of the property.
 
Planning Consultant Wendy Salvati advised that an updated survey was submitted with a letter dated November 17, 2010 and the Zoning Board application.
 
Mr. Nigro questioned if the existing foundation will be used for the new greenhouse.
 
Mr. Wailand advised that the new greenhouse is the same size as the previous one, so the existing foundation will be used and is in good condition.
 
Motion by Greenan, seconded by Mendola, to adopt the following resolution with regard to SEQR for the proposed project at 290 French Road:
 
WHEREAS, the Town of West Seneca received a request for site plan approval from Bill Weber’s Greenhouse and Farm Market to construct a 1440 sf retail building and a 4560 sf greenhouse expansion at 290 French Road, to be operated by William Weber; 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 in conjunction with all supporting documentation and agency comments; and
 
WHEREAS, based upon this review, it has been determined that 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 impacts on the environment and that a Negative Declaration, as attached, is hereby issued; and be it further
 
RESOLVED, that the Planning Board Chairman is authorized to sign the Environmental Assessment Form and the Town Planning Consultant is authorized to undertake appropriate mailings and notifications.
 
Ayes: All                                    Noes: None                               Motion Carried
                                                                                                *APPENDICES*
 
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page three . . .
 
          SPR2010-09   (continued)
 
Motion by Greenan, seconded by Ciancio, to grant 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, with the variance.
 
Ayes: All                                    Noes: None                               Motion Carried
 
SPR2010-05
 
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.
 
Attorney Ralph Lorigo, 101 Slade Avenue, represented Nina Nadolny and stated that the site plan dated October 25, 2010 showed parking along the south side of the existing building and there is 60.6 feet between the building and the lot line. The parking begins 8 feet from the building and the spaces are 18’ long, so that leaves 34.4 feet to the lot line. The plan also shows a row of evergreens along the south lot line, but they were willing to eliminate the trees if requested and give the neighbor an easement for ingress/egress. Mr. Lorigo stated that the Nadolny’s purchased the lot and the paper street had been deeded by the town to the prior owner in 1999, but there was a discrepancy in the deed that was corrected in 2010. The Nadolny’s want to use one side of the building as an apartment and the south side of the building for a massage therapy business. They have not been able to obtain a building permit for interior alterations because of the site plan issues. Mr. Lorigo stated that the current plan cleared up any type of dispute because there will be no parking or improvements on the south 25 feet of the property.
 
Mr. Greenan questioned the extent of the proposed easement for vehicular traffic.
 
Mr. Lorigo responded that the current plan called for 25 feet for the easement for ingress/egress and that conforms to Town Code. They were willing to give the neighbor to the south easement rights to drive on that property to access his property and park on his property. He has 10 feet from his buildings to the property line and room for parking in front of the back building and that area was paved at one time.
 
Mr. Mendola questioned if the Nadolny’s were willing to allow the neighbor to park on the easement (i.e. parallel park along the property line where the trees are proposed).
 
Mr. Lorigo stated that he was willing to meet with the neighbor’s attorney, Sean Hopkins, to resolve this issue, but was not willing to grant anything more than ingress/egress. He asked that the Planning Board act on the current site plan.
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                       December 9, 2010
                                                                   Page four . . .
 
SPR2010-05 (continued)
 
Town Attorney Shawn Martin stated that the Nadolny’s previous attorney indicated that they would work with the neighbor to resolve the issues, so there is a history of an effort and understanding that the issues needed to be worked out. The Planning Board also has the opportunity to impose conditions in granting site plan approval.
 
Mr. Lorigo did not believe the Planning Board could impose a condition on the site plan approval that the neighbor be granted something. The plan presented is in full compliance with Town Codes and they are willing to offer ingress/egress to the neighbor who has the ability to park vehicles on his own property.
 
Mr. Ciancio questioned if there was sufficient room to pull into the parking spaces between the houses and turn around.
 
Mr. Lorigo stated there is 25 feet and it was the architect’s opinion that was sufficient.
 
Attorney Sean Hopkins represented Gerald Kliszak, owner of the property to the south, and stated that Mr. Kliszak needs parking rights along with ingress/egress to his property. The area where Mr. Kliszak parks was a town right-of-way, and when the Town Board abandoned the paper street they did not follow the process outlined in NYS Highway Law. There is no evidence that a hearing was held, and if it was, there is a statutory requirement that each abutting property owner be given the right to half the parcel. If that process had been followed, Mr. Kliszak would now own the 25 feet.
 
Chairman Niederpruem referred to the two structures on Mr. Kliszak’s property and questioned if they were both single family homes.
 
Mr. Hopkins did not know if the structures were single family homes.
 
Planning Consultant Wendy Salvati referred to the July 8, 2010 Planning Board minutes that indicated the front house was a double and the rear house was single family. At that meeting, it was also noted by Code Enforcement Officer Robert Pinnavaia that if they follow the Town Code Mr. Kliszak will need 25 feet for parking, but because it is a pre-existing condition that requirement would be waived.
 
Mr. Lorigo commented that he presumed at some point Mr. Kliszak had parking on his own property and there are two curb cuts in that area.
 
Mrs. Salvati stated it would have to be determined why the curb cut was put there because it is not untypical for the county or state to put curb cuts in front of properties when they are reconstructing a road.
 
 
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page five . . .
 
SPR2010-05 (continued)
 
Mr. Hopkins referred to photos indicating that Mr. Kliszak had parked on the former paper street, Lein Avenue.
 
Mr. Mendola noted that the curb cut appeared to go into the house.
 
Fire Inspector John Gullo stated that when the Federal Credit Union located on Union Road, the NYSDOT made them change their curb cuts. The property to the south had a stone driveway that was no longer being used and the curb cut was put back in. Also, when Union Road was widened years ago, curb cuts were put in to facilitate the houses.
 
Mr. Greenan stated that the site plan presented complies with the ordinance even if it does not make Mr. Kliszak happy and the Planning Board cannot force the Nadolny’s to make Mr. Kliszak happy.
 
Mr. Hopkins thought the solution would be to take the row of parking and put it on the south side, then install a couple additional parking spaces, and give Mr. Kliszak permanent parking access as well as the easement. He referred to Town Law §274(a) that specifies the elements the Planning Board should consider as follows: “The required site plan elements, where appropriate, include those related to parking, means of access, screening, signs, landscaping, architectural features, locations and dimensions of buildings, adjacent land uses, and physical features meant to protect adjacent land uses as well as any additional elements specified by the Town Board and such Zoning Board as their local law.” Therefore, the Planning Board does not have to approve a site plan just because it complies with the Town Code, and it is clear what will happen if the site plan is implemented. Further, §274(a)(4) states: “The authorized board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan.” Mr. Hopkins stated that he and his client are not opposed to the Nadolny’s project, but the inability for parking and access will have a significant impact on Mr. Kliszak’s property.
 
Mr. Mendola asked for clarification of “access” to Mr. Kliszak’s property and if it meant access from the parking lot to the houses.
 
Mr. Hopkins stated that “access” means whatever is sufficient to get to the parking spaces and park, not from the parking lot to the houses. In other words, use of the driveway and four to five parking spaces. The current site plan shows 16 parking spaces and there is room for more.
 
Mrs. Salvati noted that Mrs. Nadolny only needs 12 parking spaces for her business.
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page six . . .
 
SPR2010-05 (continued)
 
Mr. Rathmann suggested taking the distance from the edge of the driveway on the south side to the south property line, an area of about 9½ feet, pave the area, and put in four or five parallel parking spaces.
 
Mr. Nigro stated there was 40 feet between the houses where parking could be placed and 40 feet behind the rear house. All that is needed is an easement to get to the parking.
 
Mr. Hopkins did not think the parallel parking would work and did not think it was reasonable to ask Mr. Kliszak to park on his own property when he always had the ability to park on the paper street.
 
Mr. Mendola questioned if the Nadolny’s would agree to allow Mr. Kliszak use of five parking spaces the way the site plan is currently presented.
 
Mr. Lorigo stated that the Nadolny’s need 12 parking spaces and it was unreasonable for the Planning Board to ask them to spend money to pave parking spaces for Mr. Kliszak. They were willing to grant ingress/egress for Mr. Kliszak to access his property, but he has enough property of his own to use for parking spaces.
 
Mrs. Salvati noted that the Planning Board has no authority or ability to resolve the dispute over the abandonment of Lein Avenue. She recited §120-1.1 of the Zoning Code relative to the purpose of the Zoning Ordinance and cautioned the Planning Board that their job is to make a planning decision on a site plan, not resolve property ownership matters. If deciding on a site plan will result in an adverse impact to an adjoining neighbor, they will not be able to make an adequate SEQR decision or site plan decision.
 
Chairman Niederpruem agreed that the Planning Board must work with the site plan so it does not detract from the neighbor.
 
Mr. Martin suggested access with a combination of parking on Mr. Kliszak’s property and the Nadolny’s property.
 
Mrs. Salvati noted that currently the Nadolny’s have 16 parking spaces and only need 12, so they would only have to provide one additional space.
 
Mr. Greenan suggested adopting the October 25th site plan conditioned upon eliminating the trees and granting an easement for ingress/egress over the southerly 25 feet. This would put the parties exactly where they would be if the town had acted properly when they abandoned the paper street and it would grant the adjoining property owner the right of ingress/egress to the center line of the street.
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page seven . . .
 
SPR2010-05 (continued)
 
Mrs. Salvati questioned if Mr. Kliszak would be allowed to park on the 25 feet.
 
Mr. Greenan stated that it would be Mr. Kliszak’s easement for ingress/egress and whatever he wanted to do with it he could not be blocked by the Nadolny’s. This is a prior non-conforming use, but they could not force the Nadolny’s to solve the problem.
 
Chairman Niederpruem questioned if the easement would have to be included in the deed in case he were to sell the property in the future.
 
Mr. Greenan stated that the motion will have to include that the easement be recorded for ingress/egress over the southerly 25 feet.
 
Mr. Mendola questioned if Mr. Kliszak and his tenants will be able to park their vehicles on the easement.
 
Mr. Greenan stated that the easement will allow Mr. Kliszak ingress/egress to his property. The parking questioned is not addressed.
 
Chairman Niederpruem stated that Mr. Kliszak could choose to have the easement and double park or park on the lawn and cause ruts.
 
Mr. Martin referred to §102-12(B)(6) concerning coordination of access points and circulation with adjoining properties. He stated there may be some combination of factors and the Planning Board has the ability to impose reasonable conditions, but they may not be able to satisfy everyone.
 
Chairman Niederpruem suggested that the site plan remain as presented but there be five spaces that fit between the existing buildings and come off the existing hard surface and pull into the south against the adjoining property. There is nine feet between the edge of the pavement and the property line and another nine feet is needed for an 18 foot parking space.
 
Mr. Martin noted that Mr. Kliszak was not the applicant and they could not make him install parking as indicated, but it would take into account ingress/egress and the parking consideration.
 
Mr. Lorigo stated that an easement over the south 25 feet for ingress/egress does not allow Mr. Kliszak to park there, but he thought Chairman Niederpruem’s suggestion was a reasonable proposal and would recommend it to the Nadolny’s.
 
 
 
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page eight . . .
 
 
SPR2010-05 (continued)
 
Motion by Greenan, seconded by Mendola, to adopt the following resolution with regard to SEQR for the proposed project at 1909 Union Road:
 
WHEREAS, the Town of West Seneca received a request for site plan approval to utilize an existing structure for a private massage therapy business and construct requisite parking area at 1909 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 in conjunction with all supporting documentation and agency comments; and
 
WHEREAS, based upon this review, it has been determined that 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 impacts on the environment and that a Negative Declaration, as attached, is hereby issued; and be it further
 
RESOLVED, that the Planning Board Chairman is authorized to sign the Environmental Assessment Form and the Town Planning Consultant is authorized to undertake appropriate mailings and notifications.
 
Ayes: All                                   Noes: None                               Motion Carried
                                                                                                *APPENDICES*
 
Motion by Greenan, seconded by Nigro, to approve the site plan for 1909 Union Road dated October 25, 2010 with the elimination of trees along the south property line and with the property owners granting an easement for ingress/egress of vehicular and pedestrian traffic over an area 25 feet wide, being the southerly 25 feet of the former Lein Avenue, to a depth of 250 feet with the ability to park cars within the easement area as long as the parked cars are not within 52 feet of the east line of Union Road (no parking in the front yard), and the easement shall be recorded and is a condition of granting a final permit.
 
On the question, Mr. Mendola did not think it was a good idea to have vehicles parked in the ingress/egress because it will encumber the ability of others to pull in and out.
 
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page nine . . .
 
SPR2010-05 (continued)
 
Ayes: (2) Mr. Greenan, Mr. Nigro
 
Noes: (4) Mr. Rathmann, Mr. Mendola, Mr. Ciancio, Chairman Niederpruem
 
Motion Denied
 
Motion by Mendola, seconded by Ciancio, to approve the site plan for 1909 Union Road with the elimination of trees along the south property line and inclusion of a 25 foot vehicular and pedestrian easement for ingress/egress on the former Lein Avenue right-of-way to allow the property to the south, 1899 Union Road, access to their property and include five parking spaces for perpendicular parking for the adjoining property starting at the rear of the front parcel and extending back 45 feet and to the east of the most easterly building utilizing the southerly nine feet of the petitioner’s property.
 
On the question, Chairman Niederpruem suggested including as part of the motion that the five parking spaces, 45’ x 9’, be hard surfaced by the petitioner.
 
Mrs. Salvati stated that if they require the applicant to pave the first nine feet they are then assuming that Mr. Kliszak will pave the remaining nine feet.
 
Mr. Gullo questioned if parking up to the building will impede any windows or doors and preferred that the parking be between the two buildings and after.
 
Mr. Rathmann noted that there were grading issues behind the rear house and the proposed parking area was only a single width turn around area not a full 25 feet.
 
Mrs. Salvati referred to the trees that will be eliminated and suggested that they be relocated on the site.
 
Ayes: (3) Mr. Mendola, Mr. Ciancio, Mr. Nigro
 
Noes: (3) Mr. Greenan, Mr. Rathmann, Chairman Niederpruem        Motion Denied
 
Motion by Rathmann, seconded by Chairman Niederpruem, to deny the request for site plan approval for 1909 Union Road, noting that it is not a function of the Planning Board to design the project or resolve their neighbor issues.
 
Ayes: (3) Mr. Rathmann, Mr. Mendola, Chairman Niederpruem
 
Noes: (3) Mr. Greenan, Mr. Ciancio, Mr. Nigro                               Motion Denied
WEST SENECA TOWN OFFICES                  WEST SENECA PLANNING BOARD
1250 Union Road                                       Minutes #2010-12
West Seneca, NY 14224                                      December 9, 2010
                                                                   Page ten . . .
 
SPR2010-05 (continued)
 
Mr. Greenan suggested an addition to his original motion as follows: “together with an option to the adjoining property owner to the south to have a 45’ x 9’ area paved at the applicant’s expense along the adjoining property line contiguous to the paved access area.”
 
Mr. Lorigo agreed to this as long as the 25 foot easement was for ingress/egress only and parking will only be in the 45’ x 9’ area perpendicular to the lot. Mr. Kliszak will not be able to parallel park and will have to pave the area that falls on his property if he chooses to do so.
 
Motion by Mendola, seconded by Greenan, to approve the site plan for 1909 Union Road, dated October 25, 2010, with the property owner granting an easement for ingress/egress of vehicular and pedestrian traffic over an area measuring 25 feet wide, being the southerly 25 feet of the former Lein Avenue, to a depth of 250 feet, and further providing that the petitioner paves an area or areas within the southernmost 9 feet of the easement area along the southern property line, at the direction and discretion of the adjoining property owner at 1899 Union Road, to allow for perpendicular parking only for the adjoining property owner, noting that said easement shall be recorded within 30 days of the adjoining property owner advising the petitioner as to the location of the parking area or areas, which shall not exceed a total area measuring 45 feet wide by 9 feet deep, shall be contiguous with the paved parking area to be constructed on the petitioner’s property and shall not be located within 52 feet of the east line of Union Road to avoid parking in the front yard. Furthermore, the trees to be planted in a landscaped area along the southern property line that would fall within the identified parking area or areas shall be relocated to other locations on the site. Upon determination of the parking area or areas, a site plan reflecting said revisions shall be submitted to the Town.
Ayes: All                                    Noes: None                               Motion Carried
 
ADJOURNMENT
 
          Motion by Greenan, seconded by Ciancio, to adjourn the meeting at 8:45 P.M.
 
          Ayes: All                                    Noes: None                               Motion Carried
 
                  
                                                                                                                                                                                      PATRICIA C. DEPASQUALE, RMC/CMC
                                                          SECRETARY