Planning Board Minutes

WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 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 Mendola, to approve the proofs of publication and posting of legal notice.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
APPROVAL OF MINUTES
 
         Motion by Mendola, seconded by Nigro, to approve Minutes #2011-05 of June 9, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
OLD BUSINESS COMMUNICATIONS
 
2011-08
 
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.
 
Attorney Corey Auerbach of Damon & Morey represented Richard Wieland and stated that an amended site plan was submitted that addressed changes requested at the last Planning Board meeting. The display of vehicles was changed to be parallel with Transit Road and the 30 feet of required access was moved down so it is now completely on Mr. Wieland’s property instead of infringing on state owned land.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page two . . .
 
2011-08           (continued)
 
Changing the display of vehicles to parallel with Transit Road opened up space between the parking area in front of the building and the vehicle display area. There is now a full 24 feet for cars traveling in opposite directions, so the need for a variance there was eliminated. Mr. Auerbach further responded to questions from the last meeting and stated there were 40 vehicles sold on the property last year, three to four vehicles per month, and Mr. Wieland’s facility is licensed by NYS for the sale of used vehicles.
 
Chairman Niederpruem noted that the propane tank was also added to the plans.
 
Mr. Mendola stated that at the last meeting the Planning Board had requested the display of vehicles be changed to parallel, yet the vehicles are still parked in the same location on the property. He questioned why Mr. Wieland would not have complied with their request.
 
Mr. Auerbach responded that he had not ignored the request and although the vehicles were not changed, the site plan was amended as requested.
 
Mr. Greenan stated that at the previous meeting he had objected to access being through the lands of others, but apparently that is part of the NYS right-of-way. This would mean the original access is totally legal.
 
Mr. Auerbach stated that Mr. Wieland saw wisdom in widening the entrance and agreed to the change.
 
Mr. Ciancio commented that he was happy that Mr. Wieland agreed to parallel park the vehicles but hoped they would not end up parked on the right-of-way.
 
No comments were received from the public.
 
Motion by Greenan, seconded by Mendola, to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Ciancio, to recommend approval of 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, with the revised plot plan distributed before the meeting that indicates a 30 foot entrance located entirely within the bounds of Mr. Wieland’s property and four parking spaces for sale of vehicles parallel to Transit Road.
 
Ayes: All                                 Noes: None                             Motion Carried
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                                        Page three . . .
 
NEW BUSINESS COMMUNICATIONS
 
2011-09
 
A request from Wallace Grieser for a home occupancy permit for property located at 860 Union Road for real estate 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 had received a survey and a site plan depicting the area intended to be used for the home occupancy permit.
 
Wallace Grieser, 860 Union Road, stated that he has been a manager with Hunt Real Estate and Realty USA for the last 25 years. He is now changing from manager to personal sales and would like to work from his home.
 
Chairman Niederpruem stated that the property survey is five years old and the policy of the Planning Board is not to accept a survey that is more than one year old. There were also questions on the side yard drainage and plans for lighting and signage.
 
Mr. Grieser responded that he had no plans for lighting and only wanted a small sign that is typical of a home office.
 
Chairman Niederpruem noted that the drawing indicates there is over 2000 sf of first floor space and Mr. Grieser was looking for a home occupancy permit for 23 percent of that or 494 sf. He questioned if Mr. Grieser will have any employees.
 
Mr. Grieser stated he did not anticipate having any employees and understood there was a limitation of one employee other than immediate family members.
 
Mr. Mendola questioned the parking situation.
 
Mr. Grieser did not anticipate any parking issues and stated that the parking indicated on the survey was from the previous owner who operated an orthodontist office for 30+ years. When Mr. Grieser bought the property he improved the paved area, so there is more than enough parking now.
 
Code Enforcement Officer John Gullo advised there should be no parking in the front yard setback. The turnaround was not to be used for parking.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page four . . .
 
2011-09   (continued)
 
Mr. Mendola commented that when the improvement was made to the blacktop there should have been perimeter drainage work so it would not affect the neighbors’ property. The improvement increased the runoff and he thought there should be some drainage work on both sides. Mr. Mendola further noted that the sign should be no larger than 2’ x 2’.
 
Mr. Grieser stated that in talking to the Code Enforcement Office he understood the sign did not have to be exactly a 2’ x 2’ shape but it could not be a larger area than that.
 
Mr. Greenan questioned if an updated survey would show any external changes to the building.
 
Mr. Grieser responded that the building is exactly the way it was when the survey was done. The detached garage was torn down and there is a four car, side load garage in its place.
 
Mr. Greenan noted that the property is properly zoned for a home occupancy permit for a realtor.
 
Mr. Grieser stated that he has been using the property for his home office for 4 to 5 years and the only change will be to have a small sign in the front because it will be his only office. He understood that drainage has been an issue for a long time and was willing to review it and make sure it is what it needs to be.
 
Susan Pisanczyn, Union Road, stated that Mr. Grieser works out of the Realty USA office on Slade Avenue and they employ 70 people. Although he says he is retiring and the home office is something he will be doing on his own, Mrs. Pisanczyn noticed the other item on the agenda for a hotel at 164 Slade Avenue and questioned if that will have any effect on the Realty USA office at 174 Slade Avenue. She further questioned what the sign outside his home will say.
 
Chairman Niederpruem stated that the proposed hotel will have no effect on the Realty USA office on Slade Avenue.
 
Sandra Daley, Woodward Drive, expressed safety concerns with the traffic on Union Road and commented that Mr. Grieser’s property was revamped and has turned into a parking lot. She did not understand how he received approval for the parking lot because she had asked to expand her driveway on Woodward Drive one foot and was denied. Mrs. Daley did not believe a real estate office should be located in a residential neighborhood due to the potential customers it will generate.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page five . . .
 
2011-09   (continued)
 
Dawn Crowley, Union Road, was also concerned about the number of people a real estate office will generate and how it will affect her property value.
 
Arlene Vogt, Union Road, was concerned about additional traffic from the business in addition to the proposed Houghton College project. She stated that when the parking lot was initially constructed the residents were concerned about a business locating there. Mrs. Vogt asked that the Planning Board members consider the residents on Union Road and realize that businesses should not be located there.
 
Mr. Grieser agreed that the quality of life on Union Road was extremely important and did not want to do anything that would detract from that. He understood the concern about customer traffic and stated that was not a concern of the real estate market today because most real estate transactions are now done over the internet. Contracts are scanned and e-mailed and there is not a lot of foot traffic. Even with 60 agents at the Slade Avenue office they probably only get 6 to 10 people per day. Mr. Grieser stated that he does not intend to have any agents; it will be just himself working alone. He did not believe anyone would be upset with the amount of activity. Mr. Grieser stated that the parking lot was there for 35 years, was badly deteriorated and he could have reduced the size of it but didn’t.
 
Mr. Nigro stated that cars were not allowed to park in the front and would have to park in the rear of the property.
 
Mr. Grieser stated that his daughter’s vehicle is parked in the front of the property and the former doctor’s office had cars parked along the north border of the blacktop.
 
Code Enforcement Officer John Gullo advised that no parking is permitted in a turnaround area in the front and he cannot do selective enforcement of the ordinance. Vehicles can park on the driveway portion but there should not be any striping.
 
Mr. Greenan understood the ordinance restricted parking in the required 30’ front setback and this house is setback 79’.
 
Mr. Gullo agreed and stated that the setback is 40’ from the front property line. He suggested Mr. Grieser provide an updated survey so the Planning Board can determine where the driveway pavement is located.
 
Sandra Daley, Woodward Drive, was very concerned about traffic safety and asked the Planning Board to table this item to allow time for her to inform her neighbors on Woodward Drive that were not notified of this proposal. Mrs. Daley questioned if the Planning Board considered safety when making their recommendation.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page six . . .
 
2011-09   (continued)
 
Chairman Niederpruem stated that he intended to table this item pending receipt of an updated survey and the drainage denoted on the drawing. The Planning Board wanted to ensure there are no adverse drainage effects from the blacktop area. Chairman Niederpruem advised that they did consider safety, had experience from other projects on Union Road, and were aware of the traffic counts.
 
Karen Lucachick, Greenmeadow Drive, stated that she was familiar with the parking area on this property and it did not look like it does today. She was amazed that the town allowed the grass to be removed and that much blacktop to be put in. Mrs. Lucachick stated that the house is beautiful but it is ruined by the front yard which is all parking lot. She questioned where the entrance to the business will be.
 
Chairman Niederpruem responded that according to the plans submitted the entrance will be the front door. There will be a 13’ x 24’ office and a 13’ x 13’ sitting area next to it.
 
Mrs. Lucachick commented that she did not want to see that section of Union Road turn into a business area and would like to keep this very small if the home occupancy is approved.
 
Chairman Niederpruem agreed with the public’s comments concerning the very large blacktop area and thought Mr. Grieser would win more favor if it were reduced to the size of a turnaround instead of a parking lot.
 
Motion by Greenan, seconded by Rathmann, to close the public hearing.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan to recommend approval of a home occupancy permit for 860 Union Road for real estate sales, conditioned upon no parking within 40’ of the Union Road right-of-way and submission of a drainage plan approved by the Code Enforcement Officer.
 
Motion was lost due to lack of a second.
 
Motion by Mendola, seconded by Ciancio, to table this item pending submission of a drainage plan and updated survey.
 
Ayes: (6)      Mr. Mendola, Mr. Ciancio, Mr. Rathmann, Mr. Nigro, Mr. Sherman, Chairman Niederpruem
 
Noes: (1)     Mr. Greenan                                                       Motion Carried
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page seven . . .
 
SPR2011-02
 
A request from Kideney Architects for site plan approval for property located at 300 Harlem Road for construction of a new SPCA facility.
 
Chairman Niederpruem stated that along with the application the Planning Board received a full environmental assessment form, a storm water pollution prevention plan, an engineering report, and a complete set of drawings.
 
Attorney Ralph Lorigo, 101 Slade Avenue, represented the Erie County SPCA and stated their intention to relocate their facility from the Town of Tonawanda to the Town of West Seneca. They have entered into a contract to purchase the 10.25 acre parcel at 300 Harlem Road that is zoned M-2 and was formerly a skate park. When the SPCA decided on this property, they went to the Zoning Board of Appeals (ZBA) and they interpreted that the M-2 zoning would encompass all the uses that would occur at the SPCA. Since that approval, Kideney Architects has been working with the SPCA and planners for animal shelters to put forth a new, fully state-of-the-art facility for the protection, rehabilitation and adoption of animals. The facility will employ 90 individuals and be centrally located in Erie County.
 
Glenn Pawloski of Kideney Architects reviewed the rendering and indicated the entrance and exit for the facility on Harlem Road with the main entrance aligned opposite Multisorb Technologies. There will be parking for 141 vehicles broken down into islands to minimize the amount of blacktop seen from Harlem Road, a rehabilitation barn complete with silo, an area for adoption of dogs and cats, a surgical suite, dog runs, and administrative offices. Mr. Pawloski stated they intend to maintain as much of the natural vegetation as possible and a retention basin will be located on the eastern portion of the site.
 
Chairman Niederpruem questioned the ZBA’s interpretation of the M-2 zoning.
 
Town Attorney Shawn Martin stated that the Town Code cannot possibly foresee every circumstance so an interpretation was requested by the ZBA. The ZBA interpreted that what is listed in the M-2 zoning will encompass the scope of services that will take place at the facility.
 
Chairman Niederpruem referred to the traffic study submitted and commented on the need for a traffic signal. He further questioned if any wetlands delineation was done, noting that he walked the site and some of the area was rather wet.
 
Ben Vilonen of Kideney Architects advised that the skate park had a wetlands delineation conducted before it was constructed and they were mitigated.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page eight . . .
 
SPR2011-02   (continued)
 
Mr. Rathmann stated that a wetlands delineation is good for five years generally and he questioned if it was available.
 
Mr. Vilonen stated he will research this question and provide the wetlands delineation if available.
 
Mr. Mendola commented on the proposal for a traffic signal and questioned who will pay for it, noting that the town does not pay for them and Harlem Road is a state road.
 
Mr. Lorigo stated that they were only asked to align the driveways and they do not believe a traffic signal is necessary.
 
Mr. Martin advised that they will have to petition NYS to install a traffic signal. The town cannot install it and neither can the SPCA. The Planning Board could forward a request to the town’s Traffic Committee who will then forward it on to the NYSDOT.
 
Mr. Greenan understood that Multisorb applied for a traffic signal at that location and did not have sufficient traffic to warrant a signal, but by aligning the SPCA’s driveway with their driveway there should now be sufficient traffic.
 
Mr. Martin suggested that a joint request from Multisorb and the SPCA be sent to the Traffic Committee for forwarding to the NYSDOT.
 
Chairman Niederpruem understood the facility would be a one floor plan and questioned if farm animals were anticipated.
 
SPCA Executive Director Barbara Carr responded that large animals get homeless too, so they will also be seeing farm animals at the facility. They were planning on a small barn, but not one that will house every farm animal they get. She anticipated a maximum of six stalls with a possibility of a goat, sheep, or horse.
 
Mr. Lorigo referred to a horse case that has been ongoing for the past 15 months and stated that none of the horses have been at the SPCA. They do have a miniature horse for showing children and occasionally provide shelter for homeless large animals.
 
Mr. Rathmann commented on the loud noise generated by Route 400 and the NYS Thruway and questioned if that would spook the animals in the fenced area.
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page nine . . .
 
SPR2011-02   (continued)
 
Mrs. Carr stated that currently they are located behind a trucking firm that has semis coming and going constantly.  She felt they would become acclimated to it and noted that a herd of deer currently live on the property.
 
Mr. Rathmann referred to the large area immediately west of the site that is flat and clear and questioned why the retention basin could not be put there rather than relocating the drainage ditch and removing the vegetation.
 
Mr. Pawloski responded that they ran into issues with the outlet going underneath the NYS Thruway. If they place the retention basin on the west they will have to raise the site even more than the four feet they raised it where the building is. The natural grading of the site works toward the pond where it is located.
 
Mr. Rathmann asked Mr. Pawloski to explain the bio-retention basins to the Planning Board members.
 
Mr. Pawloski responded that the pavement slopes towards the areas in the center and there are drop curbs that allow the water to enter into the green spaces that are a composition of growing media approved by the NYSDEC. There are catch basins that will take any additional overflow and convey that to the pond.
 
Mr. Rathmann expressed some concern over the spot elevations and drainage of the roadway.
 
Code Enforcement Officer John Gullo advised that the Town Engineers are looking at that now.
 
Mr. Mendola referred to the ditch under the bridge and stated that during heavy rains it flows almost full to the pavement of Harlem Road. He was concerned that the ditch be cleaned out on the northwest portion of the property.
 
Mr. Pawloski stated the ditch is completely plugged with the NYS Thruway’s fence and they will be cleaning it.
 
Mr. Mendola was concerned that there is emergency vehicle access to the back building.
 
Mr. Gullo stated that Mr. Mendola was concerned about a 53’ section at the south end of the building, but the fire company will be able to access that with a pre-connect 200’ long. He also noted that this is a sprinklered building. Mr. Gullo stated they may be able to move the fire hydrant from the island to the other side of the road, but this is a minor issue that will be addressed with the drainage plan.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page ten . . .
 
SPR2011-02   (continued)
 
Chairman Niederpruem questioned if the parking was adequate for any large events that may be held at this facility.
 
Mrs. Carr responded that the only event they have is Wine & Wags that is held in June. They had discussed the possibility of insufficient parking for that event, but will hold it at another location if necessary.
 
Mr. Rathmann referred to the sidewalk coming from the facility and crossing Harlem Road and suggested that it be moved to the other side of the road so it goes toward Seneca Street where there are sidewalks.
 
Mr. Lorigo stated that it would not be a problem to move the sidewalk.
 
Arlene Vogt, 800 Union Road, questioned if the SPCA pays any taxes or if it is totally tax free. She also expressed concern that an animal might get away from the SPCA and questioned how often they escape.
 
Mr. Lorigo responded that the SPCA has a 50 year history at their North Tonawanda location and no animals have gotten away. The SPCA is a not-for-profit organization so they are exempt from paying property taxes, but they do pay all special district taxes (fire district, sewer district, lighting district, etc.). Special district taxes on this type of building will be substantial and more than what has been paid on this property in the past. They also will not be using town garbage service or schools.
 
Linda Toy, Burch Avenue, thought this was a great project for that parcel of property and the rendering of the building was beautiful.
 
Amy Carpenter, Woodward Crescent, agreed that the building was a gorgeous design and was happy to see it in West Seneca. She questioned what kind of signage will be on the building, if there will be any roosters, and if neighbors in the immediate area have been notified.
 
Mr. Lorigo responded that a backlit 5’ high monument sign was proposed for the facility. They could potentially have a rooster at the facility but there will be more noise from the NYS Thruway than any noise emitted from the facility. There have been articles and notices in the newspaper concerning the project.
 
Mr. Greenan stated that the Planning Board could not act on this project at this meeting because they did not have sufficient response from any agencies concerning the SEQR.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page eleven . . .
 
SPR2011-02   (continued)
 
Mr. Gullo agreed and stated that the application was filed only two weeks prior to the meeting which did not allow for the required 30 day time frame for a response from the various agencies.
 
Mr. Lorigo stated that the wetlands delineation was mitigated for the skate park and he asked the Planning Board to consider granting site plan approval at this meeting so the project could move forward. He stated that there is a substantial amount of funding that has to take place by donations and that will not happen until a project is approved for a specific location. Mrs. Carr spent a great deal of time to put forth this expansion plan and it is a major event for the SPCA. They wanted to ensure that the town would be satisfied with the look of the building, its layout, and the engineering. Mr. Lorigo further noted that the contract to purchase the land had a contingency that ran through March and there is a $10,000 per month extension fee that has to be paid if they continue on. The extension fee will end if he can eliminate the contingencies in the contract.
 
Chairman Niederpruem stated that he had a problem granting a negative declaration for SEQR without having the appropriate paperwork. He suggested tabling this item until they had the proper documentation.
 
Mr. Lorigo questioned if there was anything the petitioner needed to supply the town concerning the SEQR.
 
Chairman Niederpruem responded that they were waiting for comments from the DEC, Thruway Authority, NYSDOT, and possibly the County of Erie. The DEC will also have to address the wetlands delineation if it was done for the skate park and mitigated.
 
Motion by Greenan, seconded by Mendola, to table this item.
 
Ayes: All                                 Noes: None                             Motion Carried
 
SPR2011-03
 
A request from Ridge Road Group II, LLC for site plan approval for property located at 164 Slade Avenue for a 5-story hotel.
 
Chairman Niederpruem stated that along with the application the Planning Board received a deed description, a survey, a full environmental assessment form, an engineer’s report on stormwater prevention, and a set of plans including a site plan, utilities, traffic, drainage and lighting.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page twelve . . .
 
 
SPR2011-03   (continued)
 
The petitioner, Carl Paladino, stated this is the third time he has been before the Planning Board with a hotel project and he thought it was a good thing for West Seneca. He referred to the site plan and elevation for the proposed 5-story, 108 room, Country Inn & Suites, a change that he thought was appropriate for the area. Mr. Paladino stated that the Hampton Inn and Staybridge Suites were doing well even under circumstances of the last couple years that have depressed the hospitality market by about 15 to 20 percent. The hotel will be positioned in an east/west path with the pool area located to the south behind the hotel and that will give the back rooms a nicer view. The engineering was only complicated by a need to expand the detention pond and relocate the ditch.
 
Ray Petit of Ellicott Development stated the hotel will have a mansard style roof and the exterior of the first floor and center sections will be stone. There will be a drive-up porte cochere in the front along with a veranda for outdoor seating for a continental breakfast.
 
Chairman Niederpruem stated that the Planning Board received a letter concerning a drainage problem along the lots on the east property line. He asked for clarification on what will be done to mitigate the water from this site. Right now there is a topsoil pile that he thought was blocking the drainage to the easement that crosses the NYS Thruway and goes to the west and he thought this was choking off some of the water that the neighbors have been complaining about.
 
Andy Marino of Tredo Engineers stated that they continued the ditch in a similar fashion to what it is today. It is not a straight line to the NYS Thruway, but will wrap around the south end of the parking lot and will be replaced almost in-kind for the same capacity to drain the back yards. All the new storm water for the majority of the site will be still heading toward the existing detention basin that will be expanded. Portions of the southern parking lot along with roof drainage will enter the same ditch and proceed to the NYS Thruway culvert. Mr. Marino understood there was no easement recorded for the ditch, but they had no problem continuing the drainage for the back yards.
 
Chairman Niederpruem noted that the plan shows a 30’ wide drainage easement that goes from east to west.
 
Mr. Marino stated that was a recorded easement but it was further south.
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                          Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page thirteen . . .
 
SPR2011-03   (continued)
 
Mr. Paladino stated this was the first he heard about a drainage problem and they will make sure it is corrected. The topsoil pile was left because former Code Enforcement Officer William Czuprynski informed him they would have to pay the town to move it and they did not want to move it until they were sure they wouldn’t need it for something. It was used for landscaping on the property, but they will be scraping another two feet of topsoil so it will be taken away.
 
Chairman Niederpruem referred to the topographic survey and stated it appeared the back yards of the residences are lower than Mr. Paladino’s property.
 
Mr. Marino responded that the back yards are lower than the pavement area, but that area drains away from the back yards. The back yard drainage is continued around the back side of the pavement area. They had to pick up the property and drain it to the existing detention basin.
 
Code Enforcement Officer John Gullo suggested that Town Engineer Rick Henry be asked to address the swale and have it extend further north to alleviate some of the problem.
 
Mr. Mendola stated that perimeter drainage is a normal thing, but it is not being done here and was not done for the Staybridge Hotel. All the Staybridge Hotel property pitches down to the other residences. He suggested that any water from any of the neighbors that hits the property line be taken in the drainage plan. Mr. Mendola further commented on the condition of the existing detention basin and stated that it is overgrown with weeds and required some attention.
 
Mr. Rathmann stated that the detention pond was overgrown with a very invasive plant that would have to be excavated to get rid of it. Cutting it would not take care of the situation.
 
Mr. Mendola commented that the entrance on Slade Avenue was not very visible and he questioned if anything will be done with that.
 
Mr. Paladino stated that the driveway is fairly visible coming from the south, but not so visible coming from the north due to the neighbor’s tree. He had asked the neighbor if he could trim back the tree but he was not agreeable.
 
Chairman Niederpruem counted 213 rooms and 213 parking spaces and he questioned if additional parking was required for employees.
 
Mr. Tredo understood that only one extra parking space was required for the conference room at the Staybridge Hotel.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page fourteen . . .
 
SPR2011-03   (continued)
 
Mr. Gullo stated that the Town Code specified one space per guest room and one space for a conference room.
 
Mr. Rathmann questioned why the parking was extended to the dumpster in the back corner.
 
Mr. Tredo stated that the parking was extended to the far back to allow for fire access. The dumpster is also located there.
 
Mr. Gullo agreed and stated that the fire department will need room to extend their ladder truck if needed. That area is also used for piling excess snow in the winter.
 
Mr. Rathmann questioned if there was a way to double stack the back parking lot to cut down on the size of the blacktop and allow for more green space and a better view from the pool and back rooms.
 
Mr. Gullo thought it would be too tight to move the parking and stated that 24’ was required between the rows and 18’ length for parking spaces.
 
Mr. Paladino stated that even when the hotel is full the rear parking is seldom used and it is mostly employees that park there.
 
Mr. Rathmann referred to the bioretention area on the landscape plan and stated that the two trees proposed for that area are low branched which will obstruct the view. They also do not like water and that area will collect water. Mr. Rathmann further commented that the landscape plan did not appear to be complete.
 
Mr. Tredo stated that the bioretention area could have up to 6” of water and he welcomed advice on what to put there. They will be adding landscaping and specific wetlands plantings to that area.
 
Eric Conley, Fire Chief at Seneca Hose Fire Company, asked that the dumpster be relocated so that their ladder truck could use its current location if necessary. He asked that the fire hydrant either be moved or changed to a different style. Its current location on a curve will not allow them to access the rear of the building. He suggested it be moved to a straight area or changed to a wall hydrant. Mr. Conley also requested that carbon dioxide detectors be installed in each of the rooms and in the public hallways. He questioned why the proposed hotel will not be the same height as the Staybridge Hotel.
 
Mr. Paladino responded that the proposed hotel will have the same number of floors but the style of roof makes it six feet shorter.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page fifteen . . .
 
SPR2011-03   (continued)
 
Mr. Conley asked that one of the two elevators be able to accommodate a stretcher should they need to backboard a patient.
 
Mr. Ciancio questioned if there will be a generator on site and if it will be capable of operating the elevators.
 
Mr. Paladino responded that there will be an emergency generator and it will be able to operate the elevator and light common areas.
 
Henrietta Lubkowski, Slade Avenue, stated that the ditch was installed by the Town of West Seneca 20 years ago because her back yard and her neighbor’s back yard gets flooded from the natural water. The ditch is overgrown but it is not being blocked by the pile of topsoil. She questioned what will happen to the ditch and stated that the retention is located 75’ from where it is currently situated. Mrs. Lubkowski was concerned about standing water in the detention basin and the possibility of animals nesting. She also stated that it appeared when the driveway is plowed the snow will be between her property and the street and questioned how this could be prevented. Mrs. Lubkowski further questioned if anything will be installed between her property and the hotel property to prevent people from wandering on her property. She was concerned about the number of parking spaces and commented that the hotel guests will have a wonderful view and she will have a concrete structure to look at. Mrs. Lubkowski noted that Mr. Paladino’s first proposal for this property was for a one or two story office building and now he was proposing a 5-story hotel. She commented on the single exit from the property and questioned how they could evacuate people from 200 guest rooms if the need arose.
 
Mr. Paladino stated they could install an opaque fence along the property line for privacy. He also indicated on the plan how the snow will be handled and explained the drainage plan and evacuation plan to Mrs. Lubkowski.
 
Mr. Gullo stated that the fire companies preplan for the possibility of an evacuation.
 
Amy Carpenter, Woodward Crescent, questioned what sewer district the hotel will be located in and the number of rooms.
 
Chairman Niederpruem advised that it was Sewer District #6 and there were 108 rooms.
 
Arlene Vogt, Union Road, questioned if they will pay taxes on this project.
 
Mr. Paladino responded that he is receiving no tax breaks or subsidies on this project.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-06
West Seneca, NY 14224                               July 14, 2011
                                                               Page sixteen . . .
 
SPR2011-03   (continued)
 
Mr. Greenan questioned if the Planning Board was able to make a SEQR determination at this meeting.
 
Chairman Niederpruem stated that the sewer was the only thing that might be different from the previous project because it was originally proposed for an office complex rather than a hotel.
 
Amy Carpenter questioned if they will have to do the 4:1 mitigation for the sewers.
 
Chairman Niederpruem responded that the 4:1 mitigation is not necessary in that sewer district.
 
Motion by Greenan, seconded by Mendola, to grant a negative declaration with regard to SEQR for the 5-story hotel project at 164 Slade Avenue.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Ciancio, to grant site plan approval for the 5-story hotel project at 164 Slade Avenue, as amended by the agreement to: 1) relocate the fire hydrant and dumpster; 2) extend the ditch from the driveway through the rear of 132 Slade Avenue (equal to the south line of the parking lot) to protect the rear line of the neighbors’, and 3) construction of an opaque fence behind the lots indicated by Mr. Paladino.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Mr. Paladino referred to the proposal to build ice rinks, a golf dome, and other recreational type facilities on the former Seneca Mall site and stated that he was fully supportive of that proposal. He commented on Pyramid’s neglect of the property and stated that he suggested to the town in the past that they use eminent domain to take the property and he highly supports that.
 
ADJOURNMENT
 
         Motion by Greenan, seconded by Mendola, to adjourn the meeting at 9:15 P.M.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
                                                                                                                                                                                   PATRICIA C. DEPASQUALE, RMC/CMC
                                                              SECRETARY