Planning Board Minutes

 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-04
West Seneca, NY 14224                               May 12, 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
                  John Gullo, Code Enforcement Officer
                                                                        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 Greenan, seconded by Mendola, 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 #2011-03 of April 14, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
NEW BUSINESS COMMUNICATIONS
 
2011-06
 
A request from Kirk & Julia Ruhland for a rezoning for property located at 2979 Clinton Street, being part of Lot No. 42, changing its classification from M-1 to R-75-A, to expand existing residential lot.
 
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 #2011-04
West Seneca, NY 14224                               May 12, 2011
                                                                        Page two . . .
 
NEW BUSINESS COMMUNICATIONS
 
          2011-06 (continued)
 
Chairman Niederpruem stated that along with the application the Planning Board received a letter regarding a previous rezoning of an 80’ x 233’ adjacent parcel, a short environmental assessment form, a suggested legal description, and a survey.
 
Attorney Michael Cooper represented the petitioners, Kirk & Julia Ruhland, and stated their request to rezone a 60’ x 216’ parcel fronting on Clinton Street from M-1 to R-75A for a residential lot. The remaining parcel on the back lot is under contract to be sold to a contiguous owner so there will be access to it.
 
Mr. Ciancio questioned if any of the parcel is still M-1 zoning.
 
Mr. Cooper advised that the entire back of the parcel is M-1, approximately 16 acres.
 
No comments were received from the public.
 
Motion by Greenan, seconded by Rathmann, to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Ciancio, to recommend a negative declaration for the property at 2979 Clinton Street.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Ciancio, to approve the request for a rezoning for property located at 2979 Clinton Street, being part of Lot No. 42, changing its classification from M-1 to R-75-A, to expand existing residential lot, conditioned upon the proposed legal description being amended as attached.
 
Ayes: All                                 Noes: None                             Motion Carried
                                                                                                   *APPENDICES*
 
         2011-07
 
A request from William Sahlem for a special permit for property located at 4348 Seneca Street, being part of Lot No. 59, changing its classification from C-1 to C-1(S), for service of alcoholic beverages.
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-04
West Seneca, NY 14224                               May 12, 2011
                                                                        Page three . . .
 
NEW BUSINESS COMMUNICATIONS
 
2011-07       (continued)
 
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 short environmental assessment form, a survey, and a parking plan.
 
The petitioner, William Sahlem, stated that the former restaurant/bar was closed for more than one year, so the special permit for service of alcoholic beverages was eliminated. Mr. Sahlem was proposing to reopen the building as a restaurant/bar.
 
Chairman Niederpruem questioned if the building at the rear of the property will be used.
 
Mr. Sahlem stated that the building in the rear is a collection agency with 20 employees. They close around 5:00 or 6:00 P.M. and are not open on weekends.
 
Mr. Mendola questioned if the exterior of the building will be altered in any way and also wanted to ensure that lighting in the rear parking lot will not interfere with the neighbors.
 
Mr. Sahlem responded that no changes will be made to the exterior of the building and he did not plan to do anything with the lighting. The only exterior change might possibly be raising the deck at the back of the building.
 
Chairman Niederpruem did not believe the building at the rear of the property was there when the restaurant/bar was originally approved and questioned if there was sufficient parking.
 
Mr. Sahlem stated that the rear building used to be a dance studio and then a day care that required more parking and had more activity than the collection agency.
 
Code Enforcement Officer John Gullo stated that he reviewed the parking plan and it is in compliance with the ordinance.
 
Mr. Ciancio questioned if the rear building was included in the special permit.
 
Mr. Gullo stated the special permit will only apply to the front building and they were two separate parcels.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-04
West Seneca, NY 14224                               May 12, 2011
                                                                        Page four . . .
 
NEW BUSINESS COMMUNICATIONS
 
2011-07(continued)
 
No comments were received from the public.
 
Motion by Greenan, seconded by Ciancio, to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Mendola, seconded by Ciancio, to recommend approval of the request for a special permit for property located at 4348 Seneca Street, being part of Lot No. 59, changing its classification from C-2 to C-2(S), for service of alcoholic beverages.
 
Ayes: All                                 Noes: None                             Motion Carried
 
SPR2011-01
 
A request from Christopher Wood P.E. for site plan approval for property located at 300 Langner Road for three 15,000 gsf one-story self storage buildings including 38 parking stalls & 40 RV parking stalls.
 
Chairman Niederpruem stated that along with the application the Planning Board received a project information sheet, a preliminary wetlands determination, a rendering, a survey, and a site plan.
 
Joe Palumbo of Carmina Wood & Morris represented Sovran Self Storage and stated they found some of their calculations were off because the neighboring property across the street was residentially zoned which changed the setback on one of the two front buildings. He presented a floor plan and a revised site plan with the building moved back to meet the 50’ front setback requirement.
 
Mr. Mendola questioned if the proposed project was related to the existing project next to this property.
 
Mr. Palumbo advised that it is related to the other project and is the same owner. Sovran is the parent company of Uncle Bob’s. The proposed interior storage buildings will be metal clad, climate controlled between 50 and 80 degrees, and have various sized storage units. Initially, the first building will be built on the northern end along with all the parking and RV storage. As demand grows they will expand and build the other two units.
 
Mr. Mendola questioned what will be done with the 48” corrugated metal pipe on the south property line and if there was an easement.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-04
West Seneca, NY 14224                               May 12, 2011
                                                                        Page five . . .
 
NEW BUSINESS COMMUNICATIONS
 
SPR2011-01    (continued)
 
Mr. Palumbo advised that the existing 48” pipe will remain in place and they would like to extend it further to the west of the site to the ditch where it will discharge. He understood there was a blanket easement with the Town of West Seneca for the storm water across the entire site.
 
         Mr. Mendola thought there should be a county easement over the existing pipe because it will be carrying water to many areas in the town and draining the county right-of-way.
 
         Town Attorney Shawn Martin suggested that this be discussed with the Town Engineer with consideration of Steve Tanner’s comments and input from the Erie County Department of Public Works.
 
         Mr. Mendola further commented that at the beginning of the drainage pipe there is a large hole in the ground a couple feet off the petitioner’s property, but well within the county right-of-way. Mr. Mendola stated this did not appear to be a safe situation. Also, the junction of the pipes at the end is not described; there is no detail showing exactly what will be done with those pipes.
 
         Mr. Palumbo responded they will not be doing anything with those pipes. These are open end into the existing ditch and they are just re-routing the existing 48” pipe that discharges into open air. A manhole will connect to it and the pipe will be extended 20’ to 30’ to the ditch.
 
         Mr. Mendola thought there should be more detail and expressed concern that there be an additional hydrant in the rear of the building.
 
         Code Enforcement Office John Gullo advised that this will be required under the fire code.
 
         Chairman Niederpruem referred to the drainage and questioned if the impact on the neighboring property will be increased.
 
         Mr. Palumbo responded that they have no control over the 48-inch pipe, but the amount of water coming offsite will be decreased from what it currently is due to the detention pond. Currently, during a 10-year storm the existing runoff is 14.13 cubic feet per second and for a 100-year storm is 21.28 cubic feet per second. The proposed peak outlet for a 10-year storm is 7.83 cubic feet per second, which is almost half of the current, and for a 100-year storm it is 15.29 cubic feet per second.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-04
West Seneca, NY 14224                               May 12, 2011
                                                                        Page six . . .
 
NEW BUSINESS COMMUNICATIONS
 
SPR2011-01    (continued)
 
         Mr. Gullo stated that Steve Tanner of Clark Patterson & Lee verified this information in an e-mail and stated that an approval will be forthcoming soon with some revisions.
 
         Mr. Rathmann questioned the spillway elevation, noting that it did not appear to spill out.
 
         Mr. Palumbo agreed that it should be extended a little further.
 
         Mr. Rathmann commented on the 48” pipe coming from the storm sewer manhole and suggested there be a headwall instead of an end section. He further referred to the Blue Spruce used for screening along the property line along with a swale in the same location. Mr. Rathmann noted that Blue Spruce are not conducive to wet soils and suggested something else for that location. Also, it appears there are trees planted on top of the four foot storm sewer and he thought it might be better to stagger them.
 
         Mr. Palumbo agreed that a headwall might be a better choice than an end section and was open to suggestions on the landscaping.
 
         Mr. Greenan questioned if there was a major change when the building was moved back.
 
         Mr. Palumbo responded there was no major change. Only the parking and driveway was moved back and the driveway is still 30 feet.
        
Chairman Niederpruem referred to the center island and thought it would be difficult to get into because of the way it was slanted.
 
Mr. Palumbo stated that he also looked at that but Uncle Bob’s thought it was the best layout. 
 
Mr. Mendola questioned if the islands will be raised.
 
Mr. Palumbo responded that they will be striped islands.
 
Mr. Rathmann questioned the large paved area in the corner of the site that did not appear to serve any function.
 
Mr. Palumbo advised that the paved area was for snow storage.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-04
West Seneca, NY 14224                               May 12, 2011
                                                                        Page seven . . .
 
NEW BUSINESS COMMUNICATIONS
 
SPR2011-01    (continued)
 
Chairman Niederpruem suggested tabling this item pending revisions that had to be made to the plan and final engineering comments that were forthcoming.
 
Motion by Rathmann, seconded by Mendola, to table this item pending revisions to the site plan and receipt of engineering comments.
 
Ayes: All                                 Noes: None                             Motion Carried
 
ADJOURNMENT
 
         Motion by Mendola, seconded by Greenan, to adjourn the meeting at 7:45 P.M.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
                                                                                                                                                                                   PATRICIA C. DEPASQUALE, RMC/CMC
                                                              SECRETARY