Planning Board Minutes

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

Vice Chairman Donald Mendola called the meeting to order at 7:00 P.M. followed by the Pledge to the Flag.

 

                     Joseph Ciancio

Vice Chairman Mendola read the Fire Prevention Code instructing the public where to exit in case of a fire or other emergency.

 

 

 

 

 

 

 

 

A request from Kideney Architects for site plan approval for property located at 300 Harlem Road for construction of a new SPCA facility.

 

The petitioner was not represented at the meeting.

 

 

 

 

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

 

Norm Eberle, Dwyer Street, stated he is a Commissioner with West Seneca Fire District #1 who will be providing fire protection and EMS services for the proposed facility. They were not opposed to the project but were looking for a few improvements to the plans. Mr. Eberle referred to the location of the entrance directly across from the driveway for Boces and Multisorb Technologies. He commented on the heavy traffic into these facilities and suggested that a traffic signal be installed to provide safety for the public. Mr. Eberle further commented on the flooding problem in that area and asked that the drainage ditch that runs along Harlem Road the full length of the property be enclosed.

 

Mr. Greenan suggested that the traffic signal request be referred to the Traffic Committee for their review.

 

Mr. Rathmann stated they were re-routing one of the ditches on the property and creating a detention basin, but there was a question about wetlands on the site. They were awaiting a determination from the Army Corps of Engineers and could address this at that time.

 

Motion by Greenan, seconded by Ciancio, to table the request for site plan approval for property located at 300 Harlem Road for construction of a new SPCA facility pending receipt of approval or disapproval from the Army Corps of Engineers.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

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.

 

Attorney Simon Manka presented an updated survey and elevations of the building. He indicated the five drive-thru lanes, including two lanes that go through the building, along with the location of the proposed signage on the building on the Transit Road side and Clinton Street side. Mr. Manka noted that the canopies will remain but the tanks and contaminated soil have been removed and the site has been completely remediated by the NYSDEC.

 

Mr. Mendola commented on the junk and debris between the two buildings.

 

Mr. Manka stated that he did not have complete control of the property, but as soon as he does it will be cleaned up. He further reviewed the ordering process and stated that the lanes will be fully staffed and there is sufficient stacking room for approximately 35 vehicles.

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

 

Mr. Mendola commented on the heavy traffic at the signal, noting that he visited the site around 4 P.M. He thought it would be difficult for vehicles to exit the property onto Clinton Street at that hour.

 

Mr. Manka responded that they did not intend to be open past 2 P.M. Quick Thru Coffee & Donuts was strictly for coffee, hot chocolate, donuts, bagels, and hard rolls. They may do some type of lunch menu but will not be open past 2 P.M. Mr. Manka stated that between 5 A.M. and 10 A.M. more than 12000 vehicles pass this location and they are the potential customers.

 

Mr. Rathmann questioned how many employees will be on site.

 

Mr. Manka responded there will be a minimum of six employees, five in the booths and one manager. He indicated the location of employee parking on the plan and pull over parking for customers to mix their coffee before exiting.

 

Mr. Rathmann expressed concern about traffic pulling onto Clinton Street and thought the vehicles might be lined up on site waiting to exit.

 

Mr. Mendola commented on the importance of having visible “enter only” signs on Transit Road and “exit only” signs on Clinton Street. He also thought there could be traffic problems exiting onto Clinton Street.

 

Mr. Manka did not see this as a problem and stated the vehicles will be on site and not waiting in the street.

 

Mr. Greenan noted that the problem at Tim Horton’s was not with the vehicles exiting, but the vehicles waiting in the street to enter. The current proposal will allow for five times more vehicles on site. He thought the traffic signal will help with cars exiting because it will allow them to break into the line of traffic.

 

Code Enforcement Officer Jeffrey Schieber noted that the dumpster will have to be shielded from public view.

 

Mr. Manka responded that he had not thought about a dumpster at this point, but the lot is big and there is room to build an enclosure for it behind the building.

 

Mr. Schieber commented that the trucks that service the dumpster may not be able to maneuver the site to pick up the dumpster and they may want it placed in the front where it is more accessible; however, that generates complaints from the public. 

 

 

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

 

Mr. Greenan suggested locating the dumpster in the extreme southwest corner and Mr. Sherman suggested scheduling the pickup after the coffee shop is closed so there is no traffic on site.

 

Mr. Schieber further questioned if delivery trucks will impede the flow of traffic in any way and also expressed concern about a possible hazard if vehicles waiting in the lanes within the building were to collide.

 

Mr. Manka stated that the product is prepared off site and picked up by a van whenever the manager chooses to do so. There is no cooking on site.

 

Mr. Sherman questioned the average time for a vehicle to enter a lane, get their order, and exit the site.

 

Mr. Manka hoped for an average time of 1½ minutes.

 

Mr. Sherman questioned if the Town Code required any type of circulation for carbon monoxide.

 

Mr. Schieber responded that this was covered in the Town Code and would be part of the Code Enforcement Office’s review. It may be required to have a sprinkler system depending on the use and type of construction and this will be reviewed.

 

Mr. Manka stated the proposed building will be a prototype for future Quick Thru Coffee & Donut shops. He intends to make this location an enjoyable, pleasant and eye appealing experience for the public and will not have dumpsters exposed, etc.

 

Linda Toy, Burch Avenue, commented on the current poor condition of the site and asked to see a picture of the proposed building. She also agreed with comments about heavy traffic in the area and thought it will be difficult to exit the property.

 

Mr. Lawrence, Clinton Street, lives next to the property and was concerned about the effect the business will have on the traffic on Clinton Street. He further questioned if the original building will remain, if the project will have any effect on the creek, and asked that dumpster service pickup not be scheduled in the early morning hours.

 

Mr. Manka responded that there will be an “exit only” driveway on Clinton Street so there will be no back up of vehicles waiting to enter the property. The original building will remain and the site has been totally cleaned up of any type of toxins. Mr. Manka stated the project will have no effect on the creek.

 

 

 

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

 

Mr. Mendola asked that Mr. Manka be considerate of the neighbors with regard to the hour for deliveries, snowplowing, and dumpster service.

 

Mr. Manka commented on other properties and businesses he owns and noted that none of his neighbors have ever voiced any complaints.

 

Motion by Greenan, seconded by Ciancio, to approve the site plan dated July 16, 2011 as presented for a drive-thru coffee and donut shop at 5029 Clinton Street conditioned upon the addition of a screened dumpster located near the southwest corner of the property.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

 

A request from Mike Bengert for site plan approval for property located at 230 French Road for a stone parking lot with storm drainage and landscaping.

 

Mike Bengert stated that last year an old house on the property was demolished because it was blocking the view of the business and they would like to make that area a parking lot to service the customers.

 

Mr. Mendola stated that the Planning Board received a letter from Mr. Bengert’s neighbor concerning the dump trucks going in and out of the property that have caused them some inconvenience. He further commented that a stone parking lot does not comply with the Town Code.

 

Code Enforcement Officer Jeffrey Schieber advised that a new parking lot has to be hard surface pavement, either concrete or blacktop, and parking on grass is also not allowed. The hard surface serves to facilitate a person in a wheelchair and allow them easy passage into the business.

 

Mr. Bengert responded that the original parking lot was stone.

 

Mr. Mendola stated that the additional parking area creates a different situation and they would have to comply with the hard surface requirement.

 

 

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

 

Mr. Bengert questioned if the entire parking lot will have to be hard surfaced.

 

Mr. Schieber advised that it may be acceptable to just hard surface the new parking area and a portion of the existing parking area going back to the building. The plan was submitted to Code Enforcement Officer John Gullo and forwarded to the Town Engineer to review the drainage so he did not have it readily available to look at. The exact area of hard surface could be worked out at a later date.

 

Mr. Sherman referred to the current R100A zoning of the property and understood that construction equipment was not permitted to be stored on the premises or in the open under that zoning.

 

Mr. Bengert stated there is equipment on the property that is used to process topsoil and a dump truck to deliver topsoil, stone and mulch as part of the nursery business. He further stated that he owns an excavating business and all the equipment is stored behind his home at 391 French Road.

 

Mr. Mendola stated that the neighbors thought the truck traffic was excessive for the nursery business.

 

Mr. Bengert stated that no construction material is stored at the nursery. The topsoil is normally only taken out by customers or on Mr. Bengert’s truck. Dump trucks only haul topsoil about once a month during the summer and they clean the street afterward if it’s dirty.

 

Mr. Mendola commented on the area around the sign and suggested that it be dressed up.

 

Mr. Bengert stated they need to install a manhole near the sign and plan to dress the area up when that work is complete.

 

Mr. Rathmann noted there were no dimensions for the parking lot but it appeared to be 60’ wide. With 20’ parking spaces that leaves a 40’ aisle when only 25’ is needed. He suggested this be reduced and the green space increased.

 

Mr. Greenan questioned Mr. Schieber’s comment about hard surface and whether the ordinance had been changed to specify blacktop or concrete. He further thought objections from the neighbor across the street might be due to confusion over what can be done on one side of French Road that is zoned M-1 or M-2 as opposed to the other side that is zoned agricultural and permits nurseries.

 

Mr. Schieber stated that he would confer with Mr. Gullo on this question.

1250 Union Road                                           Minutes #2011-10

West Seneca, NY 14224                               November 10, 2011

 

Motion by Greenan, seconded by Rathmann, to set this matter aside until such time that the petitioner asks for the item to be placed back on the Planning Board agenda.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

 

Ayes: All                                 Noes: None                             Motion Carried