Planning Board Minutes

WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-02
West Seneca, NY 14224                               February 14, 2013
 
Chairman Robert Niederpruem called the meeting to order at 7:00 P.M. followed by the Pledge of Allegiance to the Flag led by Sergeant-at-Arms Joseph Sherman.
ROLL CALL:            Present    -     Robert Niederpruem Jr., Chairman
Donald Mendola
Joseph Ciancio
                                    Anthony Nigro
                     Jim Rathmann
                               Joseph Sherman
                               Jeffrey Baksa, Code Enforcement Officer
                               Shawn Martin, Town Attorney
 
Absent    -      Gerald Greenan
                                   
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 Mendola, to receive and file the proofs of publication and posting of legal notice.
 
Ayes: All                        Noes: None                    Motion Carried
 
APPROVAL OF MINUTES
 
Motion by Ciancio, seconded by Nigro, to approve Minutes #2013-01 of January 10, 2013.
 
Ayes: All                        Noes: None                    Motion Carried
 
NEW BUSINESS
 
SPR2013-02
 
A request from Mark Schiffhauer for site plan approval for property located at 5190 Seneca Street for used car sales
 
Chairman Niederpruem stated that along with the application the Planning Board received a proposed site plan, a letter from East Seneca Fire Company and a petition from neighbors of the surrounding area. The site plan indicated the parking areas and proposed green spaces, a sketch of the building and a layout of the proposed building. A letter was also received from Town Engineer Steven Tanner concerning drainage for the site and stating the applicant must provide pre and post development topography to determine drainage for the project and the drainage structures and swales they intend to construct. Chairman Niederpruem noted the plan submitted did not indicate any drainage patterns or structures or the direction of any surface water.
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-02
West Seneca, NY 14224                               February 14, 2013
                                                               Page two . . .
 
          SPR2013-02   (continued)
 
Attorney Ralph Lorigo represented Mark Schiffhauer and stated the original plan was modified to include requests of the Planning Board and Town Board. Mr. Schiffhauer operates a business across the street from this location and bought this property which was formerly a storage lot for Perry’s Nursery.  Prior to that the site was a gas station and it has not been maintained in 40 years. Mr. Schiffhauer was proposing a substantial upgrade to the site. The building will be painted and the entrance from Center Road will be closed. Green area will be added and a proposal from Perry’s Nursery for landscaping was submitted. There will be a hedgerow and fence to screen the property from the neighbors. Parking for display of vehicles has been reduced from 21 to 15 spaces and parking for customers has been increased to four.
 
Chairman Niederpruem commented that the site plan does not show drainage, the type of sign that will be installed or lighting.
 
Mr. Lorigo responded there will be no free standing lighting or advertising signs. He did not believe that drainage was a requirement of site plan approval and there is an existing structure on the property that they are not changing.
 
Mr. Mendola commented that drainage is part of site plan approval because drainage could change the driveway entrance, building and parking spaces.
 
Code Enforcement Officer Jeffrey Baksa stated that engineering approval for drainage is necessary on all site plan review projects.
 
Mr. Lorigo stated that no one in the Code Enforcement Office had informed Mr. Schiffhause that engineering approval was required prior to site plan approval.
 
Town Attorney Shawn Martin stated that stormwater management regulations were approved at the last Town Board meeting and this project will have to comply, but the Planning Board could approve the site plan contingent upon engineering approval.
 
Mr. Mendola noted the site plan does not indicate the type of fence to be constructed. He further stated the quote from Perry’s Nursery states what will be done, but there is blacktop that will have to be removed first. Erie County also wants involvement in the area on Center Road and the area behind the building has to be addressed.
 
Mr. Martin questioned if Mr. Schiffhauer had painted the building.
 
Mr. Lorigo responded that Mr. Schiffhauer will paint the entire building when the site plan is approved.
 
 
WEST SENECA TOWN OFFICES                   WEST SENECA PLANNING BOARD
1250 Union Road                                           Minutes #2013-02
West Seneca, NY 14224                               February 14, 2013
                                                               Page three . . .
 
          SPR2013-02   (continued)
 
Mr. Rathmann requested dimensions for the fence and parking spaces and the distance of the proposed hedges. He further questioned the type of lighting and sign and what will be behind the building.
 
Mr. Lorigo stated that all lighting will be on the building and there will be no free standing sign. Mr. Schiffhauer will agree to plant grass behind the building.
 
Chairman Niederpruem stated the fence length and distance of the hedgerow should be stipulated and the green area behind the building should be maintained and not become a parking lot in the future. The neighbors had also requested there be no banners or streamers.
 
Motion by Mendola, seconded by Rathmann, to issue a Negative Declaration with regard to SEQR for the proposed used car sales project at 5190 Seneca Street.
 
Ayes: All                        Noes: None                    Motion Carried
 
Motion by Sherman, seconded by Nigro, to grant site plan approval for the proposed used car sales project at 5190 Seneca Street conditioned upon the following: 1) engineering approval of drainage; 2) building will be painted prior to display of any vehicles on lot; 3) grass will be planted and maintained behind the building and there will be no parking behind the building now or at any time in the future; 4) a 175’ x 5’ privacy fence will be constructed to screen the property from the neighbors, 5) there will be no free standing lighting or free standing advertising signs and no streamers or banners; 6) the blacktop along Seneca Street and Center Road will be removed prior to any green space being installed and this work will be completed on or about May 1st.
On the question, Mr. Rathmann noted the site plan indicates 2.5” caliper trees, not 2” trees as indicated in Perry’s quote. He thought 2.5” caliper trees should be required.
         Ayes: (5) Mr. Sherman, Mr. Nigro, Mr. Ciancio, Mr. Rathmann, Chairman Niederpruem
 
         Noes: (1) Mr. Mendola                                          Motion Carried
 
ADJOURNMENT
 
Motion by Rathmann, seconded by Ciancio, to adjourn the meeting at 7:45 P.M.
 
Ayes: All                        Noes: None                    Motion Carried
 
                                                      _________________________________________
                                                       JACQUELINE A FELSER
                                                               TOWN CLERK/PLANNING BOARD SECRETARY