[ Return to HOME PAGE ]

OPENING OF PUBLIC HEARING

Motion by Mrs. Rosenswie, seconded by Mrs. Price, to open the Public Hearing.

APPROVAL OF PROOFS OF PUBLICATION

Motion by Mr. Hughes, seconded by Mrs. Price, to approve the proofs of publication and posting of legal notice.

APPROVAL OF MINUTES

Motion by Mr. Harmes, seconded by Mr. Hughes, to approve Minutes #2008-11, December 10, 2008.

TABLED ITEMS:

2008-082
Request of William Czuprynski, Code Enforcement Officer for a determination of depth of zoning on Union Road (1175 Union Road).

Motion by Mrs. Rosenswie, seconded by Mrs. Price, to remove this item from the table.

Ralph C. Lorigo, Esq., stated he did not agree with the decision of the Building Inspector but has no intention of filing a petition to challenge the decision.

Motion by Rosenswie, seconded by Mr. Harmon, to receive and file.

NEW BUSINESS:

2009-001
Request of Slade-Potters LLC for a variance for property located at Slade Avenue to Permission to serve alcoholic beverages for consumption on property.

Lori Carbough, representing Slade-Potters, LLC, 295 Main Street, Buffalo, stated the petitioner is requesting a use variance in a C-1 zoning to serve meals between 5:30 pm and 7:30 pm with alcohol included in the meals on Tuesday, Wednesday and Thursday evenings to guests only. The C-1 zoning already allows for the restaurant aspect, but the alcoholic beverages will be served only during meal time. No one can come in and order a drink. This is not a bar situation.

Mr. Hughes questioned if the Tuesday, Wedesday, Thursday is due to the clientele attracted.

Ms. Carbough stated this is an extended stay hotel, mostly frequented by business people who stay during the week and there is little call for service for meals and alcohol on the weekends. The room payment includes a meal and they were not aware a liquor license was required. They later learned a liquor license was required. The hotel with or without a restaurant facility is permitted according to the town code in a C-1 zoning.

Mr. Notaro clarified that a similar hotel nearby does not have a formal dining room but serves a breakfast buffet bar. In this case, the hotel is a franchise which serves the sundowner reception to the guest as part of their room rates. The difference here is the inclusion of the beer and wine alcohol license which is required by the State Liquor Authority.

Ms. Carbough cited Section 120.19 which lists the permitted uses in a C-1 district, including A (4) which is a hotel, with or without a restaurant. Accessory uses under B lists other customary accessory uses incidental to

2009-001   (Continued)

a permitted principal use, which she interpreted as serving alcoholic beverages along with the meal in the restaurant facility which is the principal use. The petitioner is requesting the use variance because it is not clear in the code.

Mr. Notaro commented that this will also assist in clarification on the application to the State Liquor Authority that it is permissible.

Mr. Bond stated the Building Department states the requested use is only allowed in a C-2(S) which he disagreed with, because the C-2 requirement states “restaurants serving alcoholic beverages incidental to a food service if located within a shopping center” which this is not.

Mr. Notaro stated what is needed here is a clarification of its appropriateness in a C-1 zoning.

Mr. Bond cited further language on the special p-ermit portion of the zoning, that “no sale of alcoholic beverages for sale on premises shall be permitted.” He noted the State Liquor Authority would view this as a sale, but it would not be a sale under the town’s ordinance. Mr Bond asked Ms. Carbough is the petitioner would be agreeable to limiting the hours as enumerated, plus no sales to the public and no advertisement of the like.

Ms. Carbough stated they would be agreeable to that.

Mr. Notaro stated he would include Monday and Friday so that if the terms of the leasing agreement change, the petitioner will not have to return before the Zoning Baord, and he also suggested extending the hours somewhat in each direction. A problem may be created as far as the SLA is concerned if someone was finishing their dinner at 7:45 pm and still had an alcoholic beverage to finish.

Ms. Carbough stated 5:30 pm to 8:00 pm would be sufficient and agreed that including the entire week may prevent problems in the future, on the basis that the hotel does not open the sale of alcoholic beverages to the public.

Mr. Bond asked if there was any objection received from the School Board.

2009-001    (Continued)

Ms. Carbough stated they received no objection from either the School District or the neighbors.

No comments were heard from the public.

Motion by Mr. Hughes, seconded by Mrs. Rosenswie, to close the public hearing and grant a variance for property located at Slade Avenue to allow service of alcoholic beverages for consumption on property, limited to hours of 5:00 pm to 8:00 pm to guests only, and no sales or service to the general public who are not guests of the hotel.

2009-002
Request of FRA Engineering for a variance for property located at 2880 Transit Road to reduce density (253,000 sq ft required; 159,771 sq ft provided).

Ralph C. Lorigo, Esq., 101 Slade Avenue, representing Young Development, stated this is a 50-unit senior citizens project on Schultz and Transit Roads. The project has been before the Planning Board previously and modifications were made based on Planning Board recommendations. As a result of meetings held with the surrounding residents, an above ground retention pond was replaced with an underground detention pond which allowed for more green space, and the driveway was moved over. The residents were satisfied with the modifications. Each unit is 670 sq ft. to accommodate the typical single one-person tenant, who is generally a widow or widower. The building is equipped with rails in the corridors, pull cords, and the building is sprinkled. The project was also approved by the Town Board with the remaining issue involving density. Mr. Lorigo stated the town’s code on density is based on the number of units which he felt was outdated. This particular project is 159,000 sq ft and accommodates 31 units. If these units were 1200 sq ft units, there would be 37,200 sq ft of units. This project consists of 50-670 sq ft units which equates to 33,500 sq ft, compared to the 37,200 typical 1200 sq ft unit. At the 107-unit senior citizens project located at 2341 Union Road the density is 45% of the required density compared to this project which has over 63%. The senior project located at 2240 Union Road has 112 units with density at 51% of the requirement. The town planners have recommended a modification to the code, perhaps to green space. The proposed project is one that is needed in this area. There will be fair market rents with no

2009-002   (Continued)

subsidies. He referred to the rendering submitted and noted its attractiveness.

Brian Young noted the rental will be $875.00. The pull cords are connected to a 911 call. This is not assisted living, but more similar to retirement living.

Mr. Bond asked for a clarification on the footprint.

Mr. Lorigo responded that the footprint is no greater than the typical 31 units.

No comments were heard from the public.

Motion by Mr. Harmon, seconded by Mrs. Price, to close the hearing and grant a variance for property located at 2880 Transit Road to reduce density from the required 253,000 sq ft to 159,771 sq ft, noting that the footprint of the units fit well into the plot of land.

2008-060
Request of Patricia C. DePasquale for an extension of the previously granted variance for property located at 29 Woodbine Avenue to erect above ground pool attached to existing deck.

Mr. Bond noted a variance was previously granted for this item and there are no changes to the original plans.

No comments were heard from the public.

Motion by Mrs. Rosenswie, seconded by Mr. Bond, to grant a six-month extension to the previously granted variance for property located at 29 Woodbine Avenue to erect above ground pool attached to existing deck.

ADJOURNMENT:

Motion by Mr. Harmon, seconded by Mrs. Price, to close the public hearing and adjourn the meeting.

Respectfully submitted,

Patricia C. DePasquale,
Secretary