Planning Board Minutes

1250 Union Road                                           Minutes #2011-05

West Seneca, NY 14224                               June 9, 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 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 this project was before the Planning Board last month and they had made some recommendations with regard to the plan. Since the last meeting, the Planning Board received a revised plan and correspondence from Steve Tanner of the Engineering Department. Chairman Niederpruem questioned if Mr. Palumbo was aware of the contents of Mr. Tanner’s letter and his determination on the condition of the 48-inch corrugated pipe that runs along the south property line. Mr. Tanner’s recommendation was replacement of the pipe or possibly a swale to regrade the area so it will take the water off the property.

1250 Union Road                                           Minutes #2011-05

West Seneca, NY 14224                               June 9, 2011

 

 

 

 

 

 

 

 

 

 

1250 Union Road                                           Minutes #2011-05

West Seneca, NY 14224                               June 9, 2011

 

A request from Richard Wieland for a special permit for property located at 3500 Transit Road, being part of Lot No. 343, changing its classification from C-2(S) to C-2(S), for motor vehicle sales.

 

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

 

Ayes: All                                 Noes: None                             Motion Carried

 

Chairman Niederpruem stated that along with the application the Planning Board received a legal description, a survey, and a site plan.

 

Attorney Corey Auerbach represented the petitioner, Richard Wieland, and stated that in 1998 a special permit was issued for this property for automotive use; however, the automotive use did not include motor vehicle sales. Mr. Wieland would like to use the front portion of the property to display and sell vehicles. Mr. Auerbach commented on the other automotive uses in this area of Transit Road including Carstar at 3480 Transit Road, Carquest at 3470 Transit Road, Enterprise across the street, Transitowne to the south, and Mr. Wieland’s current use which is repairs and quick lube service. He thought that vehicle sales were accessory to or in conjunction with the current use and the intensity will be minimal since Mr. Wieland was only seeking to display about seven cars in the front. Mr. Auerbach noted there is only one residential property that abuts Mr. Wieland’s property and he is hoping to eventually acquire that. He stated there will be no site changes, but the parking area will be restriped to accommodate parking for both uses. Three spaces are required for each service bay along with five spaces for customer parking and one space for each two employees, so 21 spaces are required and 23 spaces are being provided. Mr. Auerbach stated that some limited variances will be required to accommodate the site plan. First, the distance between the vehicle display area and the customer parking is only 22’ and 24’ is required for cars to travel in each direction. Also, the right-of-way migrated closer to the building after Mr. Wieland acquired the property, so the existing green space between Transit Road and the vehicle display area is technically in the right-of-way. Town Code requires 10’ of green space from the right-of-way to the vehicle display area so a variance will most likely be required for that.

 

Mr. Ciancio noted there was not much room to back out or turn around in front of the office.

 

Mr. Auerbach agreed but stated there is parking in the rear and also a connected parking area with the adjoining property owner to the south.

1250 Union Road                                           Minutes #2011-05

West Seneca, NY 14224                               June 9, 2011

 

 

Chairman Niederpruem stated that he visited the site on a weekend and a weekday and it appeared to be a very busy site.  He questioned if the business was not too big for the site.

 

Mr. Auerbach stated that the automotive servicing business generated a lot of cars at times. The special permit will only authorize the seven parking spaces at the front to be used for motor vehicle sales.

 

Code Enforcement Officer John Gullo commented that they have to look at the whole picture because the automotive sales will be added to the existing use. Also, they have to consider where snow will be piled in the winter.

 

Mr. Greenan stated that Mr. Auerbach was misinformed about the front line of the property being moved back with the widening of Transit Road. That construction took place before 1950, so the front line was the same when Mr. Wieland acquired the property and got the original special permit.

 

Mr. Mendola did not believe there was enough room to display vehicles in the front without invading the green space.

 

Mr. Gullo stated that a variance will be required for the 10’ green area in front and also for the driveway which is required to be 30’.

 

Mr. Auerbach agreed that the plan will require some variances, but he thought vehicle sales fit in well with the nearby uses.

 

Mr. Sherman questioned how many cars per year Mr. Wieland anticipated selling and if he had made application to NYS to be an authorized used car dealership.

 

Mr. Auerbach stated the most that will be displayed is 7 to 9 cars and he did not have any projections on future sales. Mr. Wieland had informed him that he had all the authorizations necessary from NYS.

 

Mr. Greenan questioned if Mr. Wieland was requesting a variance on the width of the driveway, noting there is only 15’ between the planters and the exception piece that belongs to the neighbor and the current driveway goes on the neighbor’s property.

 

Mr. Auerbach stated they were not sure all the variances that will be required at this point, but they will be making application to the Zoning Board of Appeals.

 

 

 

1250 Union Road                                           Minutes #2011-05

West Seneca, NY 14224                               June 9, 2011

 

 

Mr. Mendola agreed that Transit Road was a great location for automotive sales but the operation had to fit within the confines of the Town Code. No Zoning Board of Appeals judgment can affect someone else’s property and the driveway will have to be moved in for the full 30’.

 

Mr. Auerbach stated they will have to show the Zoning Board of Appeals that the benefit to the applicant for receiving the variance outweighs the detriment to the neighborhood or community. Mr. Wieland has had discussions with the neighbors and has a great relationship with them. Without knowledge that his special permit did not include automotive sales, he has been selling vehicles and there have been no issues or accidents.

 

Mr. Mendola questioned if Mr. Wieland would be willing to change the parking of the vehicles to parrallel with the road and only display 3 or 4 vehicles.

 

Mr. Auerbach responded that he would prefer more but 3 or 4 would be better than nothing. He was willing to make site adjustments and work with the Planning Board on conditions and stated that he would like to attempt to get an easement to clear up the access issue.

 

Motion by Greenan, seconded by Mendola, to table the request for a special permit for property located at 3500 Transit Road, being part of Lot No. 343, changing its classification from C-2(S) to C-2(S), for motor vehicle sales.

 

On the question, Chairman Niederpruem asked that Mr. Auerbach consider Mr. Mendola’s suggestion to reduce the number of vehicles on display and change them to parrallel to the right-of-way.

 

Ayes: All                                 Noes: None                             Motion Carried