Planning Board Minutes

WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-08
West Seneca, NY 14224                               September 8, 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
                  James 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 Mendola, seconded by Rathmann, to approve the proofs of publication and posting of legal notice.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
APPROVAL OF MINUTES
 
         Motion by Rathmann, seconded by Mendola, to approve Minutes #2011-07 of August 11, 2011.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
OLD BUSINESS COMMUNICATIONS
 
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 this item was tabled at the previous meeting due to lack of proper timing for response to the SEQR. That timetable has elapsed, SEQR comments have been received, and there were no negative comments. There was one outstanding issue with regard to the wetlands delineation.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-08
West Seneca, NY 14224                               September 8, 2011
                                                               Page two . . .
 
SPR2011-02   (continued)
 
Attorney Ralph Lorigo, 101 Slade Avenue, represented the SPCA and stated that an 80 sf parcel near the entrance had been identified as wetlands. That parcel will not be disturbed and will not interfere with the buildings.
 
Chairman Niederpruem questioned if the report completed by Ecology & Environment had been submitted to the Army Corps of Engineers for approval.
 
Mr. Lorigo stated the report was just received Monday and it will be submitted to the Army Corps of Engineers. He asked that the Planning Board grant site plan approval with the condition that the 80 sf wetlands area will not be disturbed.
 
          Mr. Greenan questioned if this was the only wetlands or if the Army Corps of Engineers could have a different opinion.
 
         Mr. Lorigo responded that the 80 sf parcel was the only wetlands on the site and the Army Corps of Engineers will determine if they have jurisdiction over it. If they do, it will have to remain undisturbed, but they do not plan on disturbing the wetlands anyway. Mr. Lorigo further noted that the Army Corps of Engineers approved the site for a skate park years ago.
 
         Mr. Rathmann stated that the skate park only encompassed a portion of the site. His only concern with the Ecology & Environment report was a comment that the ditch may be considered jurisdictional wetlands by the Army Corps of Engineers. Mr. Rathmann noted that the plan called for re-routing the ditch. There are two ditches on the site and he questioned which one the report was referring to or if it was both ditches. Mr. Rathmann was not comfortable giving a negative declaration when there was indication there was possible jurisdiction over the ditch.
 
         Chairman Niederpruem stated that they would need a letter from the Army Corps of Engineers before they could issue a negative declaration for SEQR.
 
         Mr. Lorigo referred to Page three of the report from Ecology and Environment, noting that they felt the process for permitting development of this site will be relatively routine. He asked that the Planning Board grant site plan approval at this meeting; however, if they do not feel comfortable doing so without approval from the Army Corps of Engineers, Mr. Lorigo asked that a special meeting be called when that approval is received so they can move forward with the project as soon as possible.
 
         Chairman Niederpruem did not see a problem with calling a special meeting after they receive approval from the Army Corps of Engineers.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-08
West Seneca, NY 14224                               September 8, 2011
                                                                        Page three . . .
 
SPR2011-02   (continued)
 
         Motion by Greenan, seconded by Ciancio, to table this item pending a special meeting to be called after receipt of approval from the Army Corps of Engineers and appropriate public notice of the special meeting by the Town Attorney.
 
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 this item was previously tabled due to SEQR timetables. That time has expired and no negative comments were received. Chairman Niederpruem questioned if there were any changes to the plan submitted.
 
The petitioner, Carl Paladino, stated he had received some changes from Code Enforcement Officer John Gullo and was in agreement with them. He wanted to get the building enclosed by the end of summer and requested site plan approval at this meeting.
 
Mr. Mendola referred to a previous discussion about cleaning the retention pond and asked if that had been done along with the rear yard drainage. He further referred to the entrance and asked if anything could be done to help and enhance that situation.
 
Mr. Paladino responded that they had cleaned the outside of the pond but did not do the inside yet because they are going to haul the soils out when they expand the pond as part of the initial site work. This will be accomplished within a couple weeks after site plan approval. The rear yard drainage will also be taken care of. With regard to the entrance, Mr. Paladino stated that the County was comfortable with the traffic information furnished to them and had not imposed anything as of yet.
 
Motion by Greenan, seconded by Ciancio, to affirm the SEQR negative declaration issued at the July Planning Board meeting 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 property located at 164 Slade Avenue for a 5-story hotel.
 
Ayes: All                                 Noes: None                             Motion Carried
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-08
West Seneca, NY 14224                               September 8, 2011
                                                                        Page four . . .
 
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 this item was tabled at the previous Planning Board meeting pending receipt of SEQR comments. Code Enforcement Officer John Gullo was in receipt of those comments and there was nothing significant in that review. Chairman Niederpruem noted that the parcel exchange agreement requested at the previous meeting was received by the Planning Board and he questioned if there were any changes to the plan submitted.
 
Jeff Lehrbach of McGuire Development stated that the retention pond was cleared out and they will invite the fire company to tour the facility.
 
Motion by Greenan, seconded by Ciancio, to issue a negative declaration with regard to SEQR for the 26,815 sf building addition at 100 Gemcor Drive.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Ciancio, to grant site plan approval for property located at 100 Gemcor Drive for a 26,815 sf building addition to the existing manufacturing facility.
 
Ayes: All                                 Noes: None                             Motion Carried
 
NEW BUSINESS COMMUNICATIONS
 
SPR2011-05
 
A request from Simon Manka, Atty at Law for site plan approval for property located at 5029 Clinton Street for a drive-thru coffee & donut shop.
 
Chairman Niederpruem stated that along with the application the Planning Board received a short environmental assessment form, a survey, and a site plan.
 
Attorney Simon Manka stated that the site is the former Boller’s gas station and the gas tanks were being removed. The proposal was for a drive-thru coffee & donut shop with no sit down area. There will be one entrance from Transit Road and one exit onto Clinton Street along with five drive-thru lanes with fully stocked booths to service the public and assure no backup of traffic. There is sufficient room on site for 35 vehicles to be waiting for service. Customers will be able to pre-order and prepay via the Internet or by phone. When they arrive at the site they will pull up to a kiosk,
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-08
West Seneca, NY 14224                               September 8, 2011
                                                                        Page five . . .
 
SPR2011-05   (continued)
 
swipe a card with a pin number, their order will appear on a screen, and the individual in the booth will begin preparing it. The customers will then proceed to the booth, pick up their order, and be on their way. Their goal is to get customers through the line in 1 to 1½ minutes with no traffic issues. There will also be a generous area after they get through the line to stop and mix their coffee and prepare themselves before pulling out onto the street. Mr. Manka stated that they anticipated spending $800,000 on this project. The existing Boller’s car wash building will be used and the site will be landscaped nicely. Mr. Boller will manage the facility that will employ seven people. They will not be open 24 hours a day and did not anticipate any problem with the neighbors.
 
Chairman Niederpruem stated that the plan was submitted for SEQR review but they were still awaiting comments from various agencies. Of particular importance are comments from the NYSDOT concerning the traffic flows. Chairman Niederpruem questioned if this was the first drive-thru coffee and donut shop of this kind in the area and what was planned for the façade of the building.
 
Mr. Manka responded that this would be the first Quick Thru Coffee shop of its kind in the area. They planned to rehab the building with new siding and inside renovations. The car wash will be closed and the cars will drive-thru the two bays. A free standing sign was proposed for the entry side of the building.
 
Mr. Mendola noted that the survey was eight years old and they will require it to be updated. He further questioned if all the lanes will be constructed and open at once or in phases.
 
Mr. Manka stated they are putting money aside for marketing and would like to blanket the area with free coffee cards so customers can sample the coffee and sign up for an account.
 
Mr. Mendola questioned removal of the gas tanks and asked that all the junk be removed from the property.
 
Mr. Manka stated that the junk will be removed from the property and the NYSDEC will be removing the tanks.
 
Code Enforcement Officer John Gullo stated that Mr. Manka will need to obtain a building permit for removal of the tanks and he will be inspecting the process. If any contamination is found within the car wash they will also have to go through the remediation process there. Mr. Gullo further requested that Mr. Manka furnish building elevations.
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2011-08
West Seneca, NY 14224                               September 8, 2011
                                                                        Page six . . .
 
SPR2011-05   (continued)
 
Mr. Rathmann commented on the traffic on Clinton Street and thought there could be a backup of vehicles in the parking lot trying to exit onto Clinton Street. There could also be a problem with vehicles traveling north on Transit Road that attempt to turn left into the coffee shop.
 
Mr. Manka stated that they did not want a hazardous condition on the street and would much rather have the traffic backed up on site.
 
Chairman Niederpruem questioned if Mr. Boller will maintain ownership of the property.
 
Mr. Manka responded that Mr. Boller no longer owns the property. A company named Genergy is the current owner and they are currently negotiating with a new owner.
 
Chairman Niederpruem requested a copy of the transfer agreement with the new owner.
 
Linda Toy, Burch Avenue, questioned where the donuts are made.
 
Mr. Manka responded that the donuts are made at Famous Donuts in Buffalo.
 
Motion by Greenan, seconded by Rathmann, to designate the Planning Board as lead agency for SEQR purposes for the project at 5029 Clinton Street.
 
Ayes: All                                 Noes: None                             Motion Carried
 
Motion by Greenan, seconded by Rathmann, to table this item pending SEQR review and receipt of an updated survey and an architectural rendering of the building.
 
Ayes: All                                 Noes: None                             Motion Carried
 
ADJOURNMENT
 
         Motion by Greenan, seconded by Rathmann, to adjourn the meeting at 7:55 P.M.
 
         Ayes: All                                 Noes: None                             Motion Carried
 
 
                                                                                                                                                                                   PATRICIA C. DEPASQUALE, RMC/CMC
                                                              SECRETARY