Planning Board Minutes
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Chairman Robert Niederpruem 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 Greenan, to approve the proofs of publication and posting of legal notice.
Ayes: All Noes: None Motion Carried
APPROVAL OF MINUTES
Motion by Ciancio, seconded by Mendola, to approve Minutes #2012-02 of March 8, 2012.
Ayes: All Noes: None Motion Carried
NEW BUSINESS
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 project originally came before the Planning Board in June 2011 and after review it was discovered there were some wetlands on the property. The Planning Board asked for correspondence and approval from the Army Corps of Engineers and their approval has been received along with approval from the town Engineering Department.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Page two . . .
SPR2011-02 (continued)
Motion by Greenan, seconded by Mendola, to issue a negative declaration with regard to SEQR for construction of a new SPCA facility at 300 Harlem Road based upon the prior submittals and the changes in the plan submitted.
Ayes: All Noes: None Motion Carried
Motion by Greenan, seconded by Mendola, to reopen the public hearing for new information only.
Ayes: All Noes: None Motion Carried
Attorney Ralph Lorigo represented the SPCA and stated the plan was basically the same as what was previously presented. The project was delayed for potential wetlands on the site, but a letter was received from the DEC dated February 8th stating that no permit was required. The only difference to the site plan is relocation of the detention pond and addition of temporary buildings to the location where the detention pond was formerly located. There will be no foundation for the temporary buildings and they will be used for rehabbing birds, etc. The project site involves ten acres of land and six acres will be left in its natural state.
Mr. Ciancio questioned if there was any dialogue on a traffic signal for the entrance on Harlem Road?
Mr. Lorigo stated that a traffic signal was not a condition and they did not know if there will be any kind of impact. The NYSDOT would have to get involved, do testing, and make determinations if necessary.
Town Attorney Shawn Martin stated that the Traffic Committee will make a recommendation if necessary.
Mr. Mendola commented that if a traffic signal is installed the people of West Seneca should not have to pay for it. He thought the SPCA should share cost. Mr. Mendola further commented that drainage in the front should also be addressed.
Chairman Niederpruem noted that the Engineering Department has given the project full engineering approval.
No comments were received from the public.
Motion by Greenan, seconded by Mendola, to close the hearing.
Ayes: All Noes: None Motion Carried
Motion by Greenan, seconded by Rathmann, to grant site plan approval for construction of a new SPCA facility at 300 Harlem Road.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Page three . . .
SPR2011-02 (continued)
On the question, Mr. Mendola stated he did not believe town funds should be allocated if a traffic signal is deemed necessary.
Ayes: All Noes: None Motion Carried
SPR2011-06
A request from Mike Bengert for site plan approval for property located at 230 French Road for a stone parking lot with storm drainage & landscaping.
Chairman Niederpruem stated that the Planning Board had received a letter from the Zoning Board granting a variance for a stone parking area at 230 French Road and the Engineering Department approved the drainage plan as submitted. The Planning Board also received 12 letters from residents of the area with traffic concerns.
Michael Bengert stated there is currently only a stone parking lot with no drainage, but they will be paving most of the parking lot and only a small portion in the front will remain as stone. The house in the front was demolished to give more exposure to the greenhouse.
Chairman Niederpruem stated that the property is zoned R-100A for agricultural and the operation seems to be a manufacturing function. He questioned the long term goal.
Mr. Bengert stated that they process topsoil and sell it along with mulch and landscape stone to landscapers and retail customers and also deliver it. Paving will allow the trucks to run on 220’ of blacktop before entering the road and will eliminate mud from being brought onto the road.
Chairman Niederpruem questioned if the operation conforms with the zoning ordinance.
Code Enforcement Officer John Gullo stated that bringing in the topsoil and processing it is fine, but if Mr. Bengert is stockpiling the topsoil that does not conform with the current zoning.
Mr. Mendola referred to the pile of stone on the property and stated the residents are concerned it will look like dump site.
Mr. Bengert stated he is willing to put $100,000 into the project to landscape and dress up the property.
Mr. Ciancio questioned the size of the largest truck and what is sold on the property.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Page four . . .
SPR2011-06 (continued)
Mr. Bengert stated that a 20 ton truck hauls in topsoil, but that is not a daily occurrence. Sprinklers were installed on the driveway going out to stop the dust and signs were posted to slow traffic down on the property. A broom was also purchased for the front of the skid steer to clean the driveway and shoulder of the road. Mr. Bengert further stated there is a small area with landscape stones, mulch and topsoil. All types of annuals, perennials and vegetables are also sold but no shrubs.
Mr. Nigro questioned who owns the excavating business and Mr. Bengert responded that he owns the excavating business and uses this address for a business address. A payloader, dump truck, bulldozer, and excavator are stored behind his house on French Road and that is zoned commercial.
Pictures and letters of opposition were submitted from French Road residents. Rosemary & Gary Rusin and Collette Weber also appeared before the Planning Board and expressed concerns about dirt and dust from the stone lot, commercial operations in an R-100A zoning, truck activity on site and truck traffic on French Road, and drainage issues.
Chairman Niederpruem referred to the pictures that showed dust bowls of trucks going in and out of the property. He commented that this is a quality of life issue and they have to respect the residents. Chairman Niederpruem did not believe that a topsoil operation belonged in a residential neighborhood.
Town Attorney Shawn Martin noted that the issue before the Planning Board was site plan approval for paving of the parking area in front of the property. He further stated that Code Enforcement Officer John Gullo can cite Mr. Bengert if he is running an excavating business in the wrong zoning and the Police Department can cite him if the trucks are depositing mud and debris on the street.
Mr. Gullo stated that the front parking lot was delineated on the drawings because that was being changed. The rear parking lot was not addressed because it was pre-existing and was not being changed.
Motion by Greenan, seconded by Mendola, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Greenan, seconded by Nigro, to grant site plan approval for property located at 230 French Road with paving of parking area in front of the property.
Ayes: (3) Mr. Greenan, Mr. Nigro, Mr. Sherman
Noes: (4) Mr. Ciancio, Mr. Mendola, Mr. Rathmann, Chairman Niederpruem
Motion Denied
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Page five . . .
2012-01
A request from EdBauer Construction Company for a rezoning for property located at 2735 Clinton Street, being part of Lot No. 37, changing its classification from R-100A to C-2, for a warehouse and storage of construction related equipment and materials.
Chairman Niederpruem stated that this item was previously before the Planning Board and they had requested that the environmental assessment form be amended because there were certain deficiencies located in it that failed to indicate wetlands. They were also looking for documentation from the Army Corps of Engineers and US Parks and those documents were received.
Motion by Greenan, seconded by Mendola, on the basis of documentary evidence presented by the Army Corps of Engineers and material previously presented to the Planning Board, to issue a negative declaration with regard to SEQR for the proposed project at 2735 Clinton Street.
Ayes: All Noes: None Motion Carried
Attorney Paul Michalek represented the petitioner and Pat Bittar of Wm. Schutt & Associates stated there were no changes to the plan and the SEQR was revised and brought up-to-date. The 100 year flood plain was evaluated and they will have no impact on it. A written sign off from the DEC was also received.
Lakeside Drive residents (Rick Rutkowski; Gary, Katrina & Ann Mackiewicz; Sandra D’Angelo; Bob Adamaszek; Kathryn Kulczyk; and Michael Laberta) opposed the rezoning and presented documentation and pictures supporting their concerns of loss of green space and farmlands, displacement of wildlife, loud construction vehicles disturbing a quiet and peaceful neighborhood, and added pollution.
Mr. Michalek presented pictures of the property from years ago when there were greenhouses built up to the property line and heavy trucks that made deliveries to that area for decades. He stated there will be no construction activity on site, just storing of equipment and it only involves four acres when the wetlands are considered. Mr. Michalek commented that this will be an improvement to the area and there will be a 45’ berm with a tree line that will insulate the area. He further noted that Mr. Bauer will be donating land to the town to be kept and preserved as green space.
Motion by Greenan, seconded by Mendola, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Greenan to recommend approval of the rezoning with a special permit conditioned on construction of a 40’ berm along the rear of the property together with extensive landscaping as shown on the plan previously submitted.
Motion failed due to lack of a second.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Page six . . .
2012-01 (continued)
The Planning Board discussed removing a portion of the 6.4 acres of property along the west lot line to act as a buffer.
Motion by Mendola, seconded by Niederpruem, to recommend approval of the request for a rezoning for property located at 2735 Clinton Street, being part of Lot No. 37, changing its classification from R-100A to C-2, for a warehouse and storage of construction related equipment and materials, conditioned upon a 175’ buffer zone along the west property line and inclusion of the landscaping plan as submitted.
Ayes: (4) Mr. Greenan, Mr. Mendola, Mr. Sherman, Chairman Niederpruem
Noes: (3) Mr. Rathmann, Mr. Ciancio, Mr. Nigro
Motion Carried
SPR2012-03
A request from Online Auto Connection, Inc. for site plan approval for construction of an 8000 sf addition to the existing facility at 250 Lein Road.
Mike Bevilacqua and Mark Subjeck of Online Auto Connection stated their request to construct an 8000 sf addition onto the existing facility at 250 Lein Road to maintain equipment. Letters of support from adjacent neighbors were presented.
Mr. Greenan noted that if paving the parking area is included a SEQR application is required. If the sole issue is for the 8000 sf addition they can proceed on voting on the site plan.
Mr. Bevilacqua stated the project involved less than one acre, and at this point they are just doing the building and moving the entrance to the driveway.
No comments were received from the public.
Motion by Greenan, seconded by Ciancio, to grant site plan approval for property located at 250 Lein Road for construction of an 8000 sf addition to the existing facility.
Ayes: All Noes: None Motion Carried
SPR2012-04
A request from Andrew Gademsky for site plan approval for property located at 2900 Transit Road for construction of a 1550 sf gym addition.
Andrew Gademsky of Childs Creative Development Center stated the proposal to construct a 1550 sf addition to the day care center for use as a gym.
WEST SENECA TOWN OFFICES WEST SENECA PLANNING BOARD
1250 Union Road Minutes #2012-03
West Seneca, NY 14224 April 12, 2012
Page seven . . .
SPR2012-04 (continued)
Chairman Niederpruem questioned if the addition will present an increase in traffic or a need for more parking and Mr. Gademsky advised that it will not.
No comments were received from the public.
Motion by Greenan, seconded by Ciancio, to grant site plan approval for property located at 2900 Transit Road for a 1550 sf gym addition.
Ayes: All Noes: None Motion Carried
SPR2012-05
A request from Ironworkers Local No. 6 for site plan approval for property located at 188 Orchard Park Road for construction of a 40’ x 60’ picnic shelter.
Robyn Czerniak of Wm Schutt & Associates represented Ironworkers Local No. 6 and stated the proposal to install a 6” concrete pad for a picnic shelter, noting that the natural grading and drainage will be maintained.
No comments were received from the public.
Motion by Greenan, seconded by Rathmann, to grant site plan approval for property located at 188 Orchard Park Road for construction of a 40´x 60’ picnic shelter.
Ayes: All Noes: None Motion Carried
ADJOURNMENT
Motion by Greenan, seconded by Sherman, to adjourn the meeting at 8:30 P.M.
Ayes: All Noes: None Motion Carried
________________________________
JACQUELINE A FELSER
SECRETARY