Planning Board Minutes

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

Chairman Robert Niederpruem Jr. called the meeting to order at 7:00 P.M. followed by the Pledge to the Flag.

 

Donald Mendola, Vice Chairman

                     Joseph Ciancio

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

 

 

 

 

 

 

 

A request from Wm. Schutt & Associates for final approval of the proposed 10-lot Caldwell Drive Subdivision.

 

Motion by Mendola, seconded by Rathmann, to open the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

David DePaolo, Executive Vice President of Marrano/Marc Equity, stated that the only change to the plan was to address the comments of the Town Engineer and county officials that reviewed it.

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

          2010-B (continued)

 

Chairman Niederpruem stated that he spoke with the Town Engineer this week and all approvals have been made. He questioned if there was anything to report on the County sewer.

 

Mr. DePaolo stated that as of today the final plat approval is still at Erie County Health Department. They are awaiting the realty subdivision approval from that agency. All other approvals are in place and the comments have been addressed.

 

Chairman Niederpruem stated that there was already a waterline present, so the health department approval was just a formality for the 10 lots.

 

Mr. Mendola questioned the sanitary layout, noting that there were not enough manholes.

 

Mr. DePaolo stated that this was discussed with the Town Engineer and one manhole was added.

 

Chairman Niederpruem referred to an August 27, 2010 letter to Wm Schutt & Associates from Peter Ruffino of the Division of Sewer Management (DSM). The letter states “Based on present conditions capacity in the system is available today to serve the proposed 10-lot project. Capacity allocations are made only upon Erie County Health Department approval of plans in the case of subdivisions and extensions of the sanitary sewer system or issuance of a sewer connection permit in the case of a building sewer tap. No representation is made as to future conditions. Pursuant to the Erie County Sewer Inflow/Infiltration Rehabilitation Program, the developer is required to install one building sewer lateral. The location will be determined and provided by the DSM prior to sanitary sewer approval or issuance of building sewer permits.”

 

Amy Carpenter, Woodward Crescent, commented on the ongoing sewer problem in town and questioned the Town Engineer's opinion on the addition of these 10 lots.

 

Chairman Niederpruem advised that the Town Engineer has approved these 10 lots with no stipulations or concerns.

 

Motion by Nigro, seconded by Ciancio, to close the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Motion by Mendola, seconded by Rathmann, to grant final approval of the proposed 10-lot Caldwell Drive Subdivision.

 

Ayes: All                                 Noes: None                             Motion Carried

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                                March 10, 2011

 

 

 

 

Rob Pidanick, Nussbaumer & Clarke, 3556 Lakeshore Rd., represented 1000 Queens Grant LLC and stated that the project was changed from an 83 lot R-75 subdivision to a 75 lot R-65 subdivision. The sanitary sewer was a big concern to the Town Board and they were not willing to grant the 83 lots, so the project was reduced to 75 lots. Mr. Pidanick stated that during the public hearing they informed the Town Board that in accordance with Department of Environmental Conservation (DEC) policy, they could mitigate for the additional eight lots, but the Town Board would not approve that. The Town Board also issued a SEQR negative declaration for the project indicating that it would not have a significant adverse impact on the environment as presented. The Town Board granted approval subject to the following conditions: 1) No further subdivision of property shall be requested or allowed; 2) A 24-inch storm sewer along South Fisher Road shall be removed and replaced prior to approval of the project; 3) A homeowner’s association shall be formed to provide for repair and maintenance of the common areas and detention ponds at no cost to the town; 4) Proper access shall be provided to the detention ponds as part of the final engineering documents; 5) Additional sanitary sewer mitigation shall be provided in the form of 18 house laterals or suitable equivalent, to be defined by Erie County as they move forward in the process. Mr. Pidanick stated that they have worked with the Town Engineer, Clark Patterson & Lee, on reviewing the plans and some minor changes were made. He understood that the plans had been approved. Mr. Pidanick indicated the three storm water detention basins on the site and stated that they were able to catch much of the drainage that went to the Lackawanna residents and bring it back into the system. He noted that the current project had 50 percent less road than the subdivision plan that was originally proposed and approved, so there was a lot less roads to maintain and more green space. Mr. Pidanick referred to the stream on the plan and stated that this was under the jurisdiction of the Army Corps of Engineers and it is a jurisdictional wetland. They were currently in the process of processing a wetland permit with the Army Corps of Engineers for less than a one-half acre of overall impact. Approval is expected by summer. If preliminary approval is granted at this meeting, the final step will be to return for final approval when the water supply is approved by the Erie County Health Department. Mr. Pidanick stated that the water

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

 

 

system ties into the existing water lines on Grant Blvd. and South Drive. They have 6-inch mains and the proposed subdivision will complete the loop with an 8-inch main. Improvements must also be done at Abbott Road to increase the pressure and flow. Clark Patterson & Lee reviewed this and signed off on it. Mr. Pidanick stated that they also worked closely with the Erie County Water Authority on the improvements to be made on Abbott Road.

 

Chairman Niederpruem questioned what type of SEQR action received a negative declaration and if it was written as a Type I action. He thought it would be a Type I because of the bulk area.

 

Mr. Pidanick responded that it is an unlisted action and the description is a rezoning of a 34-acre site from R-75 to R-65 to allow for development of a 75-lot residential subdivision to include construction of single family homes, public roadways, and utilities. He noted that it does not meet any of the thresholds to be a Type I action according to the DEC’s requirements. Mr. Pidanick stated that he understood a Type I threshold is the rezoning of 25 or more acres, but the Town Board handled this as an unlisted action and Wendel Duchscherer, engineering consultant at the time, supported that.

 

Mr. Sherman referred to a September 2010 memorandum from Wendel Duchscherer stating that with more than 25 acres being considered for rezoning it would be considered a Type I action for coordinated SEQR review.

 

Chairman Niederpruem questioned if the Town Board could grant a negative declaration as an unlisted action.

 

Town Attorney Shawn Martin stated that he will check the Town Board minutes on this. He recalled that one of the underlying factors was that this project had been approved and reviewed twice previously as a 75-lot subdivision. That was why they capped it at 75-lots with no additional subdivision of the property.

 

Mr. Pidanick noted that with 50 percent less roads the current plan was a lesser overall impact than either of the prior plans that also received a negative declaration.

 

Chairman Niederpruem questioned the consequence if they proceed and then find out in the future that this should have been a Type I action.

 

Mr. Martin advised that they may have to revisit this in the future, but they can proceed with the preliminary approval.

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

 

 

Mr. Rathmann questioned if a long environmental assessment form (EAF) was prepared.

 

Mr. Pidanick responded that a long EAF was prepared and it is the same one that the Town Board acted on with a change from 83 lots to 75. He noted that the Town Board had nine items supporting their determination (i.e. – there are federal wetlands but no state wetlands; no archaeological significance; does not contain any threatened or endangered species according to DEC mapping; surrounding area is generally residential in nature; no negative impact to aesthetic resources; will not generate noise or odor; development is not expected to generate significant traffic impacts to change or alter existing patterns; development will utilize public water & sewer infrastructure that has sufficient capacity; although not consistent with the Comprehensive Plan, rezoning to 65’ lots will permit a tighter layout with more clustering).

 

Mr. Mendola recalled a previous discussion about replacing the waterline on Grant Blvd. to this subdivision because it was not sufficient. He thought a 6-inch line servicing an 8-inch line might be a questionable situation.

 

Mr. Pidanick stated that they did a detailed water model based on hydrant flow information provided to the Erie County Water Authority. They ran the analysis several ways and determined that the 6-inch waterlines on Grant Blvd. and South Drive are adequate. This information was provided to Clark Patterson & Lee.

 

Mr. Mendola commented on the construction that will extend into Lackawanna and stated that this will have to be coordinated with the City of Lackawanna.

 

Mr. Pidanick stated that there was coordination with the City of Lackawanna during the SEQR process and a public hearing was held during the rezoning process. Residents were notified and attended that meeting, but they had not heard from any of the municipal officials.

 

Mr. Martin advised that Steve Bremer, Code Enforcement Officer for the City of Lackawanna appeared and spoke at the public hearing in October 2010.

 

Mr. Mendola referred to the 15’ easement going into the detention area between Lot No. 64 & 65. He thought this should be a minimum of 20’ and noted there was room to increase it. This would help with maintenance of the storm sewer line.

 

 

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

 

 

Mr. Pidanick did not see a problem with increasing the easement if requested to do so by the Planning Board.

 

Mr. Mendola further commented that in that same area adjacent to the right-of-way there are 15’ easements but they are not filling the easements and this is where the utilities will go. If they drop off dramatically from the 60’ right-of-way lines, there will be problems there.

 

Mr. Pidanick responded that it does not drop off right away and he indicated the location on the plans.

 

Mr. Mendola questioned an indication on the plans that drainage easements will be granted to the Town of West Seneca.

 

Mr. Pidanick responded that the only ones indicated to be public are inlets and outlets so that the town has public access rights to get back there if they ever have to clean the pipe. Typically it has been customary if a pipe is conveying public street drainage down to a basin, the town would want the rights to at least be able to get at the pipe. They are not maintaining the basin, but will have the right to come in and get at one of the inlets or outlets if need be.

 

Mr. Mendola assumed that every deed will have a stipulation that they are part of the homeowner’s association and are responsible for the maintenance of the detention basins.

 

Mr. Martin stated every deed will have to have some provision that they are part of the homeowner’s association for that purpose.

 

Mr. Mendola questioned if the town would be involved if someone were to default the homeowner’s association.

 

Mr. Martin responded that if something were to happen the town could go in and do the work and charge it back to the property owner on their tax bill.

 

Mr. Mendola suggested there be some type of communication between West Seneca and Lackawanna at the time of final acceptance of this project.

 

Mr. Martin stated that they could send notices of future hearings to the City of Lackawanna.

 

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

 

 

Mr. Mendola commented that the Lackawanna neighbors will be dealing with mud and trucks on their streets and he wanted to avoid any problems in the future.

 

Mr. Pidanick stated that there is a matter of being a good neighbor, but there is an erosion and sediment control plan that is included with the plans. There are violations, but contractors are under obligation to wash down the streets and take care of the mud.

 

Code Enforcement Officer John Gullo stated that there are new regulations that include street cleaning and there have not been as many complaints from the neighbors, so it is working.

 

Mr. Rathmann questioned if the DEC had reviewed the storm management plan.

 

Mr. Pidanick stated that Supervisor Piotrowski had to sign an acceptance form and this went to the DEC. As of March 1^st the regulations changed and they are even more stringent, but this project fell under the old regulations. Mr. Pidanick thought their plan would meet the new regulations because there is so much open space and they are looking for a greater reduction in the runoff rate.

 

Mr. Rathmann questioned if a tree survey had been done.

 

Mr. Pidanick stated that they had not done a tree survey. There were a lot of trees on the site and obviously they will be gone where the roads and utilities are going, but Mr. Pidanick noted that trees are valuable to the finished lots so they will try to save what they can. They no longer come in and clear cut the property.

 

Mr. Gullo noted that in accordance with the subdivision ordinance they must plant two trees on each lot.

 

Mr. Rathmann suggested that they retain whatever trees possible, particularly along the wetland areas. He further questioned if there were any plans to enhance the storm water detention areas and noted that the DEC has a lot of regulations on types of plant materials that will be sustained in wet conditions.

 

Mr. Pidanick stated that the plans were approved by the DEC and they examined the banks to ensure there is proper shelving and contouring. He did not know if any additional plantings were proposed for that area.

 

 

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

 

 

Mr. Rathmann questioned if the crossed areas indicated on the plans were mitigated.

 

Mr. Pidanick stated that the crossed areas are the only portions of the federal wetlands that will be impacted. There is a temporary impact where the outfall line goes through, but that will be restored as it was.

 

Mr. Rathmann referred to the area where South Drive and Grant Blvd. intersect with an 8¾’ radius and questioned if that was sufficient for buses, emergency vehicles, etc.

 

Mr. Pidanick stated that the street is not shown, it is the public right-of-way. All the streets and cul-de-sacs will meet town requirements.

 

Mr. Mendola noted that the town specifications are for 25’ radius on the property as well as the pavement. Mr. Pidanick stated that he will look into this.

 

Mr. Nigro questioned how these homes will affect the sewer capacity of the sewer on Fisher Road and South Fisher Road.

 

Mr. Pidanick responded that the sewer capacity on Fisher Road and South Fisher Road will not be affected. The tributary flows from this subdivision have been accounted for in the system. All the sewers in the subdivision are tributary to the trunk line and have been accounted for.

 

Mr. Ciancio referred to the issue of the tree survey and stated that they would have to complete this.

 

Mr. Pidanick stated that a tree survey was not done but they did site topography for the site. There is not a thick tree cover on the site.

 

Mr. Gullo advised that a tree survey was required before final approval is granted.

 

Mr. Pidanick indicated the location of some of the trees and stated that they would do a tree survey if required, but he did not believe they would gain anything by it other than spending a lot of money to have it done.

 

Mr. Mendola questioned if there would be any way the residents of this subdivision could force the town to install a sound barrier along the expressway.

 

 

1250 Union Road                                           Minutes #2011-02

West Seneca, NY 14224                               March 10, 2011

 

 

Mr. Martin advised that Route 219 falls under the NYSDOT jurisdiction, so any request for a sound barrier would have to go to them.

 

Motion by Mendola, seconded by Ciancio, to grant preliminary approval of the proposed 83-lot single family subdivision on vacant land on North Drive, South Drive and Grant Blvd, conditioned on the following: 1) submittal of a tree survey, 2) enlargement of the easement between Lot Nos. 64 & 65 to 20 feet; 3) clarification on the public water supply to the development; 4) realigning of the turnarounds at the end of Grant Blvd. and South Drive in the City of Lackawanna; 5) a landscape plan for the main detention area in the center of the property.

 

Ayes: All                                Noes: None                             Motion Carried