Planning Board Minutes

WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-03
West Seneca, NY 14224                               April 14, 2011
 
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
                  Joseph Sherman
                  John Gullo, Code Enforcement Officer
                                                                        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 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 Greenan, seconded by Rathmann, to approve Minutes #2011-02 of March 10, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
NEW BUSINESS COMMUNICATIONS
 
2011-02
 
A request from Developers Diversified Realty Corp. for a special permit for property located at 1881 Ridge Road, being part of Lot Nos. 294 & 336, changing its classification from C-1 & C-2 to C-1(S) & C-2(S), for a Pep Boys auto service/retail facility.
 
Motion by Greenan, 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 #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                                        Page two . . .
 
          2011-02 (continued)
 
Chairman Niederpruem stated that along with the application the Planning Board received a short environmental assessment form, a survey, and a site plan.
 
Diane Mikovsky of Developers Diversified Realty, the property owner of Home Depot Plaza located at 1881 Ridge Road, stated their request for a special permit to accommodate a Pep Boys facility in the former video store location at the front corner of the plaza. The front of the building will be opened up for five service bays instead of six that is shown on the plans. There will be no exterior renovations other than replacement of the glass windows with garage doors and the addition of signage on the building.
 
Chairman Niederpruem questioned the retail facility, if there were any plans to enhance the façade of the building, and the hours of operation.
 
Allison Mathern of Pep Boys stated that the retail portion was very limited and it was only accessory retail to the service component with items such as windshield wipers, car fresheners, etc. and pre-packaged food & beverages at the register. 
 
Ms. Mikovsky stated there was no architectural reconstruction of the property planned and they only intended to repaint the façade to a Pep Boys color scheme which is light grey and white with red and blue signage. The green roof will remain and is the same as the rest of the plaza.
 
Ms. Mathern presented the Planning Board members with copies of the exisiting and proposed floor plan and stated that their typical hours of operation are Monday – Friday 8 AM to 6 PM, Saturday 8 AM to 4 PM, and closed on Sunday.
 
Mr. Greenan noted that the floor plan showed spaces for six cars but it was stated there would only be five bays.
 
Ms. Mathern responded that there will only be five bay doors and one will be double stacked.
 
Mr. Rathmann noted that the floor plan indicated three man doors and five garage doors and it looked like everything was shifted over.
 
Ms. Mathern stated that two of the man doors were existing and the third was required by code as egress from the service bay area. The plan was changed so they would not have to remove any solid walls to install the garage doors; only glass will be removed.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                                        Page three . . .
 
2011-02 (continued)
 
Mr. Nigro questioned what type of services will be performed at this location and how oil and lubricants are disposed of.
 
Ms. Mathern responded that service included batteries, tires, tuneups, fluids, air conditioning service, brakes, etc. There will be no body work or painting, engine replacements, or heavy duty transmission work. Used fluids are stored indoors in 150 gallon tanks and a third party vendor recycles the material.
 
Chairman Niederpruem questioned if there was a sprinkler system in the building.
 
Ms. Mikovsky responded that there was no sprinkler system, but there was a firewall between this building and the rest of the retail stores.
 
Code Enforcement Officer John Gullo advised that the firewall was sufficient under the code.
 
Mr. Rathmann questioned the distance from the east end of the building to the first garage and if there will be parking in the front area of the building.
 
Ms. Mathern stated that the plans should be to scale and they intended to have parking in the front but still allow for movement in and out of the bays.
 
Chairman Niederpruem questioned if there were any plans to do anything with the unsightly ditch in the front of the property, noting that the front of Denny’s was well landscaped and well taken care of. He wanted to see the ditch cleaned up, covered, curbed, and some greenery planted.
 
Ms. Miskovsky stated that she will have property management address this issue.
 
Mr. Gullo noted that unfinished vehicles should be stored inside.
 
Ms. Mathern responded that most of the work performed takes two hours and if it is not finished at the end of the day a vehicle will be stored indoors.
 
Chairman Niederpruem commented that if a special permit is granted for automotive use and Pep Boys moves out in the future, the special permit will remain for one year after.
 
Mr. Gullo agreed but stated that if someone else were to open at this location they would still have to abide by the restrictions imposed. They could not do collision work, painting, vehicle sales, etc.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                               Page four . . .
 
 
2011-02   (continued)
 
Mr. Sherman questioned the handling of used oil for oil changes.
 
Ms. Mathern stated that an oil receptor will be installed. They also use a floor scrubber daily and that water is stored in a waste water tank.
 
Mr. Ciancio questioned if there will be any outdoor storage of parts.
 
Ms. Mathern stated there will be no outside storage of parts and even used tires will be stored inside. Only the dumpster will be located outside and that will be enclosed.
 
Mr. Sherman questioned if an inventory of new tires will be maintained and how often the used tires will be removed from the premises.
 
Ms. Mathern responded that there will be an inventory of about 350 new tires for a store of this size. Used tires are usually removed weekly or as needed.
 
Mr. Rathmann suggested that parking in the front be made parallel to the face of the building instead of skewed, which would increase the green space area. He also thought this would be safer for backing out of the garages because cars would not be cutting through that area. Mr. Rathmann further suggested planting some shade trees in the green space.
 
Karen Lannen, Regional Manager with Developers Diversified Realty, stated that when Blockbuster was open they did not have a traffic problem in that area. With the addition of an island and parking in front of the building, Ms. Lannen did not believe the traffic would be an issue.
 
Mr. Sherman questioned if any additional exterior lighting was planned.
 
Ms. Mathern responded there was no additional lighting plannned.
 
No comments were received from the public.
 
Motion by Greenan, 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 #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                                        Page five . . .
 
 
2011-02 (continued)
 
Motion by Greenan, seconded by Ciancio, to approve the request for a special permit for property located at 1881 Ridge Road, being part of Lot Nos. 294 & 336, changing its classification from C-1 & C-2 to C-1(S) & C-2(S), for a Pep Boys auto service/retail facility, conditioned upon the following: 1) the automotive use does not include collision repair, painting, or exterior storage; 2) green areas mandated by the ordinance and in the front of the building shall be landscaped and treed equivalent to or better than Denny’s located to the west; 3) a bubble island shall be constructed perpendicular to Ridge Road following the existing green area at the east end of the center island the length of the parking space and doubling back two parking spaces to the west; 4) no more than five bay doors; 5) no new or used vehicle sales.
 
Ayes: All                                 Noes: None                             Motion Carried
 
NEW BUSINESS COMMUNICATIONS
 
         2011-04
 
A request from Waste Management of New York for a special permit for property located at 100 Ransier Drive, being part of Lot Nos. 188, 189, 197, 202, 205, 210, 213, 218 & 225, changing its classification from M-1 to M-1(S), for construction of an equipment storage area, public retail compressed natural gas fueling area & shop repairs.
 
Motion by Greenan, seconded by Ciancio, to open the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Chairman Niederpruem stated that along with the application the Planning Board received a site map, a general description of the project from T. Mitchell Engineers & Associates, deeds, and a set of drawings.
 
Steve Anderson of ET Environmental, Atlanta, Georgia, stated that Waste Management began converting their trucks from diesel fuel to compressed natural gas. They are converting 20 facilities around the country initially and West Seneca is one of their top priorities. As a matter of corporate citizenry, Waste Management would like to join the compressed natural gas highway and provide a facility for other fleets to use (ie. buses, taxis, federal express trucks, etc.). They were looking to provide an equipment storage area, a time filled area for Waste Management trucks to fuel overnight, and a fast fill area to serve other parties.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                                        Page six . . .
 
2011-04 (continued)
 
Brian Bouquard of ET Environmental presented a power point presentation on a compressed natural gas site under construction in Seattle and gave an overview of its operation including safety procedures and maintenance shop upgrades.
 
Chairman Niederpruem questioned the source of the natural gas.
 
Mr. Anderson stated that the natural gas will come from National Fuel Gas.
 
Mr. Ciancio questioned if the gas is stored on site and compressed as it is being used.
 
Mr. Bouquard stated that the gas is stored on site in long cylinders and this is buffered so the compressor is not cycling on and off.
 
Chairman Niederpruem questioned the noise rating of the compressor and noted that the nearest residence on the other side of Route 400 was 400 to 500 feet away.
 
Mr. Bouquard advised that the noise rating was 80 decibels at five meters or 15 feet. The closest property line is 225 feet and the noise level at that point is 56 decibels. At 450 feet the noise level drops to 50 decibels.
 
Mr. Ciancio questioned the operating pressure of the compressed gas.
 
Mr. Bouquard advised that the actual pressure was 3600 psi.
 
Chairman Niederpruem referred to the “kill switch” and questioned if there was a safety standard or code for this type of site.
 
Mr. Bouquard described the safety features in case of release.
 
Mr. Sherman questioned if the dispensers had a shut off valve to prevent overflow when trucks are left overnight for refueling.
 
Mr. Bouquard stated that the dispensers operate on pressure and explained the procedure for dispensing. There are also security cameras in operation that are monitored in case of an event.
 
Mr. Greenan requested that 50 decibels be defined in a residential area.
 
Bob Hill of a neighboring business stated that they did a sound test of the noise on Route 400 and a car driving by was about 55 decibels and a truck was 85 - 90 decibels.  Mr. Hill commented that Waste Management is a great neighbor and thought it was a great location for this facility.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                                        Page seven . . .
 
2011-04 (continued)
 
Chairman Niederpruem referred to the site plan and stated that the driveway was not indicated as being paved.
 
Mr. Anderson advised that the driveway had already been paved.
 
Chairman Niederpruem questioned the estimated construction cost.
 
Mr. Bouquard advised that the initial phase was about $2.5 million and the equipment was over $1 million.
 
Motion by Greenan, seconded by Ciancio, to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Nigro, to recommend approval of the request for a special permit for property located at 100 Ransier Drive, being part of Lot Nos. 188, 189, 197, 202, 205, 210, 213, 218 & 225, changing its classification from M-1 to M-1(S), for construction of an equipment storage area, public retail compressed natural gas fueling area & shop repairs.
 
Ayes: All                                 Noes: None                             Motion Carried
 
2011-05
 
A request from Gardenview Restaurant for a special permit for property located at 1744 Union Road, being part of Lot Nos. 82 & 83, changing its classification from C-2 to C-2(S), for service of beer & wine.
 
Motion by Greenan, seconded by Ciancio, to open the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Konstantinos Koutsandreas of Gardenview Restaurant, 1744 Union Road, requested permission to serve beer and wine with their lunch and dinner menu, noting there will be no bar and no mixed drinks served.
 
No comments were received from the public.
 
Motion by Greenan, seconded by Ciancio, to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-03
West Seneca, NY 14224                               April 14, 2011
                                                                        Page eight . . .
 
2011-05 (continued)
 
Motion by Greenan, seconded by Ciancio, to recommend approval of the request for a special permit for property located at 1744 Union Road, being part of Lot Nos. 82 & 83, changing its classification from C-2 to C-2(S), for service of beer & wine.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
ADJOURNMENT
 
         Motion by Greenan, seconded by Sherman, to adjourn the meeting at 7:50 P.M.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
                                                                                                                                                                                   PATRICIA C. DEPASQUALE, RMC/CMC
                                                              SECRETARY