Planning Board Minutes

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

 

 

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

 

 

 

 

 

 

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

 

 

 

 

 

 

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

 

 

 

 

 

 

 

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

 

 

 

 

A request from Lowell B Dewey, P.E. for site plan approval for property located at Park Lane off Union Road for a 47-unit senior independent living facility.

 

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 proposed legal description, a full environmental assessment form, a survey, and site plans.

 

Lowell Dewey of C & S Engineers stated that this application is only addressing the senior apartment complex on 5.5 acres of land on the southwest corner of the former Houghton College site. The proposed building is two stories and will have 47 single room apartments for seniors 62 and over.   The occupants are mostly single, average age of 70 and more women than men. Mr. Dewey commented on the stormwater (runoff reduction, pretreatment & storage), noting they have added biodetention areas and the Town Engineer has reviewed the plans and submitted minor comments. The entrance off Union Road will be shared with Bryan Young’s project but the 600’ long private driveway will be separate.  There will also be a separate watermain, sanitary sewer and utilities and the proposed parking meets the Town Code. Mr. Dewey referred to the detailed landscape plan, noting that a berm will isolate the parking lot along with a 4’ board fence on the south property line with pine and maple trees.

 

Mr. Mendola referred to the entrance on Union Road and questioned whose responsibility it was if more work has to be done to accommodate a fire truck.

 

Mr. Dewey stated it was Mr. Young’s responsibility and there was currently one lane in and two lanes out of the development. A traffic study indicated the volume was not sufficient to warrant a signal at that location.

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Code Enforcement Officer John Gullo stated he had discussed this with the Chief of Reserve Fire Company and it will have to be addressed when Mr. Young’s project is presented to the Planning Board.

 

Chairman Niederpruem commented that the driveway off Union Road is not a road. He questioned if People Inc. will own that parcel.

 

Joslyn Voss of People Inc. responded there was a purchase agreement contingent upon receiving approval from the town and they then have to go to HUD.

 

Chairman Niederpruem noted that SEQR forms were filed 10/2/2012 and 30 days has elapsed. Letters were received from the NYSDEC and NYS Department of Historic Preservation about artifacts on the property and recommendations were made.

 

Mr. Dewey stated that Archaeologist Robert Dean did a complete study and identified the northeast corner of the parcel that needs to be fenced and have a sign indicating why it cannot be disturbed. This was indicated on site plan C101 on the northeast corner.

 

Chairman Niederpruem commented on two entities being responsible and questioned what type of agreement they had down the road.

 

Mr. Dewey stated that 100’ of frontage is required and they own that on Park Lane and on Union Road.  There is also a permanent easement that is an agreement between the two parties allowing one to pass over the private road.

 

Chairman Niederpruem questioned if there were federal or state wetlands.

 

Mr. Dewey stated there are federal wetlands and they will be disturbing less than a tenth of an acre. He will provide the town with a jurisdictional letter.

 

Chairman Niederpruem noted that the outfall of the surface water that discharges to the northwest discharges onto a neighbor’s property.

 

Mr. Dewey stated that Town Engineer Steven Tanner asked that they extend the spillway so it has more stone in it and also use a discharge spreader that allows it to spread out before it is discharged.  This was not discussed with the neighbor, but the water will not be different and they will not see much water out of the pond.

 

Chairman Niederpruem questioned if there is only one hydrant for the project.

 

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Mr. Dewey stated that Mr. Gullo had asked for another hydrant and the developer agreed.

 

Mr. Mendola commented on the patio at the rear of the building facing south and the distance for fire apparatus to reach the building. He suggested having a driveway into the patio area to allow a ladder truck access.

 

Mr. Dewey stated they had met the Town Code requirements, but will do something different if requested and can probably accommodate Mr. Mendola’s suggestion.

 

Mr. Rathmann questioned who owns the wetlands and why it was isolated. He further questioned why the building was positioned the way it is and suggested it be flipped so the patio area is on the north side.

 

Mr. Dewey responded that the wetlands are owned by Mr. Young. He needed 5.5 acres and they needed 100’ of frontage, so they gave Mr. Young the wetlands as a tradeoff. 

 

Bill Long of Long Associates Architects stated that at their 17 other sites people like to garden and it works better on the south side.

 

Mr. Rathmann referred to the brick on the rendering and questioned if artificial stone could be incorporated to coincide with Mr. Young’s project.

 

Mr. Long responded that they had planned for the building to be brick and vinyl siding because artificial stone is cost prohibitive with HUD.

 

Ms. Voss responded that they will have it reviewed by HUD for a determination. They applied to HUD a long time ago and had to demonstrate need and zoning. They were awarded the money and when they get through the site plan process they have to submit to HUD for review and then receive the money.

 

Jim Caruso represented Evelyn Hicks and the West Seneca Environmental Commission and submitted a letter commenting on the major capacity issue with an 18” trunk sewer and noting that the 4:1 mitigation will not help downstream capacity. There will be two owners and they questioned who will be responsible for upkeep of the detention basins and what the snow plowing plan was since snow melt could cause problems.  Mr. Caruso further noted that the site was previously used for waste disposal.  He questioned if the DEC had addressed and resolved this issue and if it has been cleaned up. Mr. Caruso also commented on the use of pesticides and herbicides on the property and expressed concern that there be a follow-up on the historic artifacts on site.

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Mr. Dewey stated that the driveway to Union Road is a joint effort so maintenance will be split. 

 

Mr. Gullo stated that an easement document will be required to avoid any problems.

 

Mr. Dewey commented on snow removal and stated that the swale leads to a detention and treatment facility so snow will be conveyed there. Deep test holes were done on site and the western half has some construction debris and old asphalt that has to be trucked away to a landfill. Mr. Dewey stated the pesticides and herbicides are lawn care products only and Ms. Voss noted that People Inc. will not use a chemical lawn care service.

 

Sandra Kelly, Gervan Drive, questioned how close to the property line the fence will be located and thought a 4’ fence was too short.

 

Mr. Dewey responded they will put the fence right on the property line and the detention basin will be on the other side.

 

Chairman Niederpruem noted that the height of the fence will be addressed along with placement of the dumpster.

 

Arlene Vogt questioned what the address of the project will be, noting that everything says Park Lane. She questioned whether Park Lane will be abandoned and noted that the site was not supposed to be presented as two separate projects. She further commented on the sidewalks in front and questioned where the snow will be plowed.

Chairman Niederpruem responded that the address will be 804 Union Road. The property is two separate parcels and People Inc. is presenting their project first.

 

Mr. Gullo stated that the sidewalks will have to be cleared and they will not be allowed to plow snow on other’s property. The issue of abandonment of Park Lane will be discussed at the Town Board meeting on Monday.

 

Alfred Oliver, Fire Commissioner for West Seneca Fire District #3, supported the additional fire hydrant for the project and noted that they also need at least 50# of pressure. Their ladder truck is 28’ wide and he questioned if the driveway will accommodate that width and the weight of the truck. He further commented on the size of the project and stated that communication is often a problem. A repeater system will prevent dead zones if they have to answer a call at the site and he noted the cost to purchase a repeater is $2000.

 

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Mr. Dewey responded that they planned to use heavy duty pavement to accommodate the fire trucks.

 

Ms. Voss stated that People Inc. will be happy to purchase a repeater at a cost of $2000.

 

Mrs. Vogt questioned if a full SEQR study was done.

 

Chairman Niederpruem responded that a coordinated review started on October 2^nd. The comments are the same as before – SPDES permits are required, MS4 community, conformance with 4:1 mitigation and a detailed downstream sewer capacity analysis.

 

Mr. Mendola commented on the lighting and noted it should not carryover to neighboring properties.

 

Chairman Niederpruem commented on the contours of the building and the sinking building effect. He was concerned with the visual impact to residents at 4 Gervan Drive.

 

Mr. Dewey explained the retaining wall and stated that the site is lower so the building is lower. From 4 Gervan Drive only the upper story will be visible and a fence of the right height might hide everything along with trees.

 

Chairman Niederpruem commented on placement of the dumpster over a sanitary sewer.

 

Mr. Dewey stated he will look at another location, possibly the southeast corner of the site.

 

Mr. Rathmann questioned the height of the retaining wall.

 

Mr. Dewey did not have that information available but will provide it at another time.

 

Chairman Niederpruem questioned how far the project was until final engineering approval.

 

Mr. Dewey responded that they were very close, noting there were no problems that could not be resolved. He anticipated approval in one week possibly and stated the town will be telling them which laterals to fix.

 

Mr. Rathmann commented that there are no sidewalks to Union Road for the residents to walk. He suggested offering them a safe way to walk to Southgate Plaza, etc.

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Mr. Dewey stated there is very little traffic flow from the site, but they could provide a wider shoulder with a white stripe.

 

Motion by Mendola, seconded by Ciancio, to table this item until the next meeting to allow engineering plans to be completed and the issues presented at this meeting to be addressed.

 

Ayes: All                                 Noes: None                             Motion Carried

 

 

A request from Jordan Blachowicz for a special permit for property located at 2343 Union Road, being part of Lot No. 294, changing its classification from C-2 to C-2(S), for service of alcoholic beverages.

 

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 short environmental assessment form, a deed, a survey and a floor plan.

 

Joe Terzakis owner of the property and business stated his proposal to open a family restaurant at 2343 Union Road. The restaurant will be called the Olive Branch and it is independently owned. He would like to serve liquor and will have a small bar with six seats.

 

Mr. Mendola commented on the potholes in the driveway and questioned if he will be taking care of them.

 

Mr. Terzakis stated that the plaza next door has many potholes in their driveway, but his driveway is perfect.

 

Mr. Sherman questioned the hours of operation and if the restaurant will be open 24 hours.

 

Mr. Terzakis was not certain of the hours but stated they intended to be open for breakfast, lunch and dinner and anticipated being open by the end of January 2013.

 

Motion by Greenan, seconded by Mendola, to close the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Motion by Greenan, seconded by Ciancio, to recommend approval of a special permit for property located at 2343 Union Road, being part of Lot No. 294, changing its classification from C-2 to C-2(S), for service of alcoholic beverages.

 

Ayes: All                                 Noes: None                             Motion Carried

 

A request from Mark Schiffhauer for a special permit for property located at 5190 Seneca Street, being part of Lot No. 279, changing its classification from C-2 to C-2(S), for used car sales.

 

Motion by Greenan, seconded by Mendola, 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, a deed description, a short environmental assessment form and a site plan. A petition was also received from residents in the area of 5190 Seneca Street asking for stipulations on the approval.

 

Attorney Ralph Lorigo represented Mark Schiffhauer and stated that the property at 5190 Seneca Street was used for a number of years by Perry’s Nursery for outside storage and prior to that was a gas station. Mr. Schiffhauer owns Mark’s Auto & Paint located at 5200 Seneca Street and has been in business for 14 years. He purchased the property at 5190 Seneca Street to use for overflow for his business. Mr. Lorigo referred to the site plan, noting the green area, only one entrance to the property and parking for 21 cars and three customer or employee cars. There will only be one employee since this is just an overflow sales lot.

 

Chairman Niederpruem commented on the shabby condition of the building and questioned Mr. Schiffhauer’s plan to improve it.

 

Mr. Lorigo responded that the property will be substantially improved and Mr. Schiffhauer planned to modernize the interior for office space, paint the exterior and install new doors.

 

Chairman Niederpruem questioned why there is only one driveway access to the site. 

 

Code Enforcement Officer John Gullo stated that he had recommended this to prevent cross through traffic.

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Chairman Niederpruem questioned if there will be any service work on vehicles and if the garage bays will be used.

 

Mr. Lorigo responded there will be no service work and the property will only be used for sale of used vehicles.

 

Mr. Mendola suggested a fence along the west property line.

 

Mr. Lorigo stated they will address this during site plan review.

 

Mr. Sherman questioned the lighting plan.

 

Mr. Lorigo responded there will only be lighting on the building and Mr. Schiffhauer had no intention of using any pole lighting.

 

Sean Hanley stated he owns vacant property across the street and although he doesn’t have any immediate plans for it, he requested that Mr. Schiffhauer’s property be maintained or designed in a way it does not hinder his long term plans or other properties in the neighborhood.

 

Town Attorney Shawn Martin suggested that a reasonable restriction be incorporated in the motion that dismantled vehicles are not allowed on the property and all vehicles must be capable of passing a NYS safety inspection.

 

Chairman Niederpruem noted points on the petition that will be addressed at site plan review and will help the Code Enforcement Office enforce what is approved.

 

Motion by Greenan, seconded by Rathmann, to close the public hearing.

 

Ayes: All                                 Noes: None                             Motion Carried

 

Motion by Greenan, seconded by Mendola, to recommend approval of the request for a special permit for property located at 5190 Seneca Street, being part of Lot No. 279, changing its classification from C-2 to C-2(S), for used car sales with the stipulation that all vehicles on site must be capable of passing a NYS safety inspection.

 

Ayes: All                                 Noes: None                             Motion Carried

 

1250 Union Road                                           Minutes #2012-10

West Seneca, NY 14224                               November 14, 2012

 

Motion by Greenan, seconded by Mendola, to adopt the attached resolution concerning the required annual training of Planning Board members and present said resolution to the Town Board.

 

Ayes: All                                 Noes: None                             Motion Carried