Planning Board Minutes

 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 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
                  Jim Rathmann
                  John Gullo, Code Enforcement Officer
                                                                        Shawn Martin, Town Attorney
 
                           Absent    -    Anthony Nigro
                                             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 Rathmann, seconded by Greenan, 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 Rathmann, to approve Minutes #2011-06 of July 14, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
OLD 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.
 
Chairman Niederpruem stated that last month they discussed with Mr. Grieser the area he was planning to use and he was to return at this meeting with answers to some questions.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 2011
                                                               Page two . . .
 
2011-09       (continued)
 
Mr. Grieser stated there were three issues – location of the parking, the amount of space that was paved, and drainage. He presented a survey indicating where a limited number of cars will be parked in compliance with the Town Code and noted that the survey showed remnants of the paved area that was there before he improved the quality of the paving. Mr. Grieser stated that Code Enforcement Officer John Gullo inspected the site and determined that the drainage is in order.
 
Mr. Mendola stated that the survey presented was old and the Planning Board had requested that it be updated.
 
Mr. Grieser stated the survey was done five years ago when the improvements were made. He is not making any changes to the property now and there were no changes made since then with the exception of improving the existing blacktop area.
 
Code Enforcement Officer John Gullo stated that they normally allow a five year old survey for residential property.
 
Mr. Mendola questioned if additional grading will be done so no water will go onto the adjoining properties
 
Mr. Gullo stated that he walked the site and found the drain tile. There was one small high spot but it did not cause a drainage problem on the south part of the front lot and he thought it would be fine.
 
Mr. Mendola was satisfied as long as the drainage was on both sides. If the neighbor has any problems he asked Mr. Grieser to handle it and Mr. Grieser stated he would.
 
Karen Lucachick, Greenmeadow Drive, stated that for 10 years she went to the dentist’s office that was formerly located on this property and she does not remember the blacktop area being that large. She also thought that parking was not allowed on the circle portion.
 
Chairman Niederpruem noted that the parking plan submitted at this meeting does not show any parking on the circle or in front of the circle. There are three spaces on the plan – one on the left of the house and two on the right of the house.
 
Arlene Vogt, Union Road, commented on the large paved area and did not believe that parking would be limited to the three spaces. The front was not paved like a parking lot when the dentist’s office was there and when Mr. Grieser bought the property and paved the front all the neighbors were anticipating that he was planning to put a business at this location. Mrs. Vogt noted that the home occupancy specifies
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 2011
                                                                        Page three . . .
 
         2011-09   (continued)
 
only 20 percent of the home can be used for the business.  This is a residential area of Union Road and if all the houses have parking lots in the front like this it will look like a business area.
 
Mr. Gullo stated that he inspected the residence also and the business portion of the house is well within the percentage allowed for a home occupancy.
 
Mr. Grieser stated when the dentist’s office was located there, the patients parked starting at the sidewalk along Union Road and they were three or four cars deep along the right side of the lot. The large area was only used as a turnaround.
 
Mr. Ciancio questioned when Mr. Grieser paved the area.
 
Mr. Grieser responded that the house was in foreclosure when he bought it and it was in terrible condition. The blacktop was put in when he renovated the house and no additional blacktop was added after that.
 
Mr. Ciancio stated that as long as they set the rules for parking he did not believe they could make Mr. Grieser remove the blacktop.
 
Mr. Gullo noted that as of January 1st the town started issuing driveway permits, but this was done prior to that date.
 
Mr. Mendola questioned if Mr. Grieser planned to enforce parking in only the three spaces indicated on the plan.
 
Mr. Grieser stated he did not anticipate anyone parking there on a regular basis because people do not frequently come to the office. He was not going to stripe the spaces and will just tell people to park next to the house.
 
Mr. Gullo noted that this is a home occupancy permit and it is renewable annually. If there are a number of complaints, Mr. Grieser will have to return to the Planning Board next year and could have the permit rescinded.
 
Mrs. Vogt, Union Road, questioned the size of the sign.
 
Chairman Niederpruem stated that the sign can only be 2’ x 2’.
 
Mr. Gullo stated a home occupancy does not fall under the requirements of a commercial establishment and he can only put his name, address and occupation on the sign.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 2011
                                                               Page four . . .
 
2011-09   (continued)
 
Motion by Greenan, seconded by Mendola, to recommend approval of the request for a home occupancy permit for property located at 860 Union Road for real estate sales.
 
Ayes: All                                 Noes: None                             Motion Carried
 
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 one of the requirements of this project under site plan review is to file a SEQR. That application was mailed July 29th and comments have been received from the DEC and NYS Thruway Authority, but no response was received from the NYSDOT or Erie County and the 30-day period for comments is not up until August 28th. Chairman Niederpruem stated they will have to table this item until after the 30 days has passed.
 
Attorney Ralph Lorigo, 101 Slade Avenue, represented the SPCA and requested the Planning Board approve the site plan conditioned upon no negative information in the comments that are forthcoming.
 
Chairman Niederpruem preferred to have all the comments before voting on this application. He questioned if Mr. Lorigo had received any information on the wetlands delineation that was done on the property.
 
Mr. Lorigo understood from the owner that Nussbaumer & Clarke did the previous wetlands delineation and it was a small piece of land that did not interfere. The owner did not have a copy of the delineation, but Mr. Lorigo was trying to obtain a copy from Nussbaumer & Clarke.
 
Chairman Niederpruem questioned the date of the wetlands delineation. Mr. Lorigo did not have that information with him but will furnish it to the Planning Board.
 
Motion by Mendola, seconded by Greenan, to table this item until the September 8, 2011 Planning Board meeting pending receipt of comments on the SEQR.
 
Ayes: All                                 Noes: None                             Motion Carried
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 2011
                                                               Page five . . .
 
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 the 30-day comment period on the SEQR for this project does not expire until August 28th so they will have to table this item until the next Planning Board meeting. They had received comments from Erie County concerning traffic counts and driveway access and he suggested that the petitioner be prepared to address this at the September 8th meeting.
 
Ray Pettit of Ellicott Development stated that Mr. Paladino was in contact with Erie County Highway concerning whether a traffic signal is necessary.
 
Motion by Greenan, seconded by Mendola, to table this item until the September 8, 2011 Planning Board meeting pending receipt of comments on the SEQR.
 
Ayes: All                                 Noes: None                             Motion Carried
 
NEW BUSINESS COMMUNICATIONS
 
SPR2011-04
 
A request from Optima Design & Engineering, PLLC for site plan approval for property located at 100 Gemcor Drive for a 26,815 sf building addition to the existing manufacturing facility.
 
Chairman Niederpruem stated that along with the application the Planning Board received a water supply design calculation report, a storm water plan, and a complete set of plans. He further noted that the 30-day comment period on the SEQR for this project does not expire until August 28th so they will have to table this item until the next Planning Board meeting.
 
Andrew Terragnoli of Optima Design & Engineering stated their proposal to construct a 26,185 sf addition to the Gemcor facility. He had received copies of comment letters received by the town from the Department of Environment & Planning, the NYSDOT, and the NYSDEC and also received feedback from the Town Engineer with minor comments about the location of the topsoil and erosion control.
 
Chairman Niederpruem questioned if this was a high bay building and if it was similar to the current structure.
 
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 2011
                                                               Page six . . .
 
SPR2011-04   (continued)
 
Mr. Terragnoli responded that the building will be engineered metal and adjacent to the current structure.
 
Jeff of McGuire Development, architects for the project, stated that Gemcor manufactures fastening apparatus for plane manufacturers around the world. The machines are 80’ to 100’ long and have robotic ends that fasten the fuselage and wings. The footprint of each machine takes up 3000’ to 4000’.  The proposed addition will allow Gemcor to increase their manufacturing capability and up to 14 new employees will be added to their workforce. They hoped to be able to start construction in the fall in order to fill new orders in the spring. They will be working with the ECIDA and may receive grants from NYSEG or Empire State Development to facilitate the cost of the expansion.
 
Mr. Greenan questioned how the machine is moved after it is fabricated.
 
Jeff responded that the machines are fully assembled to ensure they are operative They are then taken apart and shipped in trucks or by ferry for overseas locations.
 
Gary Senkowiak, Operations Manager at Gemcor, presented brochures that explained the type of machines that are manufactured.
 
Mr. Mendola stated that he visited Gemcor this date and was very impressed with the facility. He noted that it was well taken care of except for the detention pond that was overgrown and should be cleaned out annually. Mr. Mendola stated that the building was fully sprinklered, but he suggested inviting the fire company to visit it so they get a feel for the building.
 
Chairman Niederpruem asked for clarification on the property transaction involving the Gardenview Restaurant.
 
Mr. Senkowiak responded that Gemcor was exchanging parcels with the restaurant. Gemcor is taking a portion in the far back and the restaurant is taking property on Union Road that is contiguous to theirs and will give them frontage which helps with parking. The restaurant is giving Gemcor an easement to allow their trucks to use the property to exit.
 
Chairman Niederpruem asked that documentation on the parcel exchange be submitted for the next meeting.
 
No comments were received from the public.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-07
West Seneca, NY 14224                               August 11, 2011
                                                               Page seven . . .
 
SPR2011-04   (continued)
 
Motion by Greenan, seconded by Mendola, to table this item until the September 8, 2011 Planning Board meeting pending receipt of comments on the SEQR.
 
Ayes: All                                 Noes: None                             Motion Carried
 
ADJOURNMENT
 
         Motion by Niederpruem, seconded by Greenan, to adjourn the meeting at 7:35 P.M.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
                                                                                                                                                                                   PATRICIA C. DEPASQUALE, RMC/CMC
                                                              SECRETARY