7-B    LEGAL NOTICES

1.   Motion by Councilman Osmanski, seconded by Supervisor Clark, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING FOR PROPERTY LOCATED AT 18 WILLOWDALE DRIVE, BEING PART OF LOT NO. 122, CHANGING ITS CLASSIFICATION FROM R-65 TO C-1, FOR FUTURE EXPANSION OF A FINANCIAL PLANNING BUSINESS" in the Town of West Seneca, be received and filed.          (H. Joseph Sgroi)

Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.

Attorney Ralph Lorigo, 101 Slade Avenue, represented the petitioner, H. Joseph Sgroi & Associates, and stated that Mr. Sgroi purchased the property at 965 Union Road in 1981 for his financial planning business and purchased the adjoining building in 1986. He recently entered into a contract to purchase property located at 18 Willowdale Drive, which is immediately adjacent to the rear of the Union Road property. Mr. Sgroi wanted to construct a 3500 square foot addition to the existing building that would be entirely located on the Union Road lot. The house and garage at 18 Willowdale Drive would be demolished and the property used for additional parking for the office complex. Mr. Lorigo noted that the Planning Board recommended approval with certain conditions and Mr. Sgroi agreed to comply with all the conditions. He would continue the fence on the lot line to within 60 feet of the right-of-way and from that point to Willowdale Drive there would be screening and trees. There would be no driveway on Willowdale Drive and a 20-foot green space buffer consisting of a berm with plantings and shrubs, so the property would be screened from the residents of Willowdale Drive. Mr. Lorigo

7-B    LEGAL NOTICES

1.    (continued)

presented pictures of the proposed building and stated that the entire building would be re-sided. He commented that Mr. Sgroi had already made a substantial investment in this location in the community and would be locked into the West Seneca community with another substantial investment in the proposed project. Mr. Sgroi had sent letters to all the neighbors and invited them to meet with him to review and discuss the proposed project and try to alleviate their concerns. Some of the residents' concerns were the appearance of the property, green space, fencing, and access to Willowdale Drive. Mr. Sgroi had addressed each of these concerns.

Councilman Osmanski questioned how Mr. Sgroi had decided upon the number of parking spaces.

Mr. Lorigo responded that there would be parking along the front, rear and north side of the building and it would meet or exceed the Town Code.

Councilman Osmanski thought that if the parking was not needed, it should be eliminated.

Mr. Lorigo responded that they tried to add more green space to the area and minimize the blacktop. Only 12 parking spaces were added.

Councilman Wroblewski questioned if the parking lot that was added at the rear of the building was necessary to comply with the Town Code.

Mr. Lorigo advised that some of the parking spaces were needed. Mr. Sgroi had to purchase the rear lot in order to put on the addition because the rear of the building was too close to the rear lot line.

Councilman Osmanski suggested turning the lot into green space and applying to the Zoning Board of Appeals for a variance for the parking.

Building Inspector Bill Czuprynski stated that 80 parking spaces would be required for the 8000 square foot building, or one space for every 100 square feet.

Councilman Osmanski stated that Mr. Sgroi was a good businessman, but he was concerned with the change in zoning to commercial use. He thought the commercial zoning would be fine as long as Mr. Sgroi remained at this location, but if he were to move the zoning would stay commercial and other types of businesses could locate there.

Mr. Lorigo stated that he did not have a problem with adding a special permit to the rezoning request or locking into a site plan.

James Bove, 11 Willowdale Avenue, presented a petition signed by 33 residents of the area who were opposed to rezoning the property to commercial, with or without stipulations. He presented a map of the properties of the residents who signed the petition and noted that only a small number (4 or 5) did not sign. Mr. Bove was concerned that the Planning Board had approved the zoning change without having a plan in front of them. He stated that the residents had invested in and made improvements to their homes, but the proposed plan was an erosion of the residential district that would destroy the neighborhood. Some of the residents had met with Mr. Sgroi and attempted to come up with an alternative to his proposal, but Mr. Sgroi would not agree to it. Mr. Bove referred to other rezoning applications that had been before the Town Board and were denied because the surrounding residents were opposed. He also specifically referred to the installation of gas pumps at the Tops Market on Harlem Road and Mineral Springs Road. The residents were opposed to the gas pumps, but the project was approved because the Town Board informed them that the property was zoned properly and there was nothing they could do. Mr. Bove commented that Mr. Sgroi might not be at this location forever and if the zoning were changed to commercial the property could be used for a number of undesirable uses. Mr. Bove's property was located directly next to the WNY Federal Credit Union parking lot and he was constantly picking up garbage in his yard that was thrown over the fence. There was also a lot of noise from people coming and going and from the snowplows in the early morning hours. Mr. Bove looked at a parking lot from three of the four sides of his home. He did not want to look at another one.

7-B    LEGAL NOTICES

1.    (continued)

He thought the rezoning would decrease the property values of the residents' homes, and if so, their assessments would also need to be lowered. Mr. Bove was concerned about safety issues with no curbs or sidewalks and referred to the number of accidents at the corner of Willowdale Drive and Union Road. He commented on the number of people that park on his front lawn rather than in the parking lot when they go to the credit union. Mr. Bove stated that there were many young couples in the neighborhood with children and he thought the rezoning would create a dangerous situation for them. He understood that Mr. Sgroi had purchased the property contingent upon approval of the rezoning, so it would not be a hardship to him if the rezoning were denied. Mr. Bove suggested that Mr. Sgroi relocate if his present location was too small. The present location already had 42 parking spaces and Mr. Bove thought that this was sufficient.

Donna Houck, 25 Willowdale Drive, lives directly across the street from 18 Willowdale Drive and did not want to look out her front window and see a parking lot. She commented on the amount of garbage from Southgate Plaza that ended up in her yard and the number of cars that used the street as a cut through to the plaza. Mrs. Houck was also concerned about the safety of pedestrians and children playing and did not believe that a 20-foot berm would stop cars from driving out onto Willowdale Drive.

JoAnn Machniak, 33 Willowdale Drive, opposed the rezoning and stated that her main concern was safety. She commented on the number of new kids in the neighborhood and noted that her own son was legally blind, so she was especially concerned for his safety. Mrs. Machniak stated that Willowdale Drive was posted for no commercial trucks, but they still used the street. The credit union was at one time a nice home before it became commercial property, and with that change came a lot of cars that park on the street. Mrs. Machniak did not believe that Mr. Sgroi could control where the cars would park. She did not believe they needed more business on their street.

Don Schoenl, 50 Willowdale Drive, supported the proposed project and stated that most of the complaints the neighbors made had to do with things that were already existing and had nothing to do with Mr. Sgroi's business. He suggested that the town station a police car to ticket the commercial trucks that use Willowdale Drive. Mr. Schoenl thought there should be a balance between community and business and commented that Mr. Sgroi's business was a welcome one in town.

Richard Machniak, 33 Willowdale Drive, stated that the plan presented at this meeting was not presented to the Planning Board and this was the third blueprint that was presented. Mr. Machniak thought that the property at 18 Willowdale Drive should be sold to a family rather than a business so that the property would remain residential and the integrity of the neighborhood would be preserved. He did not believe the commercial property on Union Road should be expanded to Willowdale Drive.

Councilman Osmanski stated that a lot of petitioners change their plans for their projects in an attempt to satisfy the neighbors' concerns. Mr. Sgroi was trying to compromise and work with the residents.

Lora Grzechowiak, 51 Willowdale Drive, opposed the rezoning and noted that she had not received notification of the meeting with Mr. Sgroi last week. Mrs. Grzechowiak stated that Willowdale Drive was a beautiful street and the residents wanted to keep it that way. She commented that Mr. Sgroi's current parking lot was never full and did not understand why he wanted additional parking.

Councilman Osmanski understood the neighbors' objections to the project to be the parking lot and the change in zoning to commercial. He thought that these items could be addressed and suggested that they only rezone a portion of the property and add a special permit to the zoning to prevent anything else from being done on the property without returning to the Town Board.

Councilman Graber did not believe the footprint of the proposed building extended into the residential property. He suggested that Mr. Sgroi apply to the Zoning Board of Appeals for a variance to construct the addition less than 30 feet from the rear lot line.

7-B    LEGAL NOTICES

1.    (continued)

Supervisor Clark did not understand why a C-1 zoning was necessary and questioned why Mr. Sgroi's business would not fall under the R-60A zoning classification.

Building Inspector Bill Czuprynski suggested eliminating all the parking behind the building and making it a back yard atmosphere with green space and trees.

Mr. Lorigo stated that Mr. Sgroi would agree to the R-60A zoning classification and was willing to work with the neighbors with regard to their concerns. He commented that Mr. Sgroi was committed to the town and was prepared to make a substantial investment in Union Road that would increase the tax base. Mr. Lorigo thought that the aesthetics was the most important thing to address so that everyone was comfortable about the addition. He noted that the location of the rear parking area was to accommodate the conference room in the addition. Mr. Lorigo stated that although they could not cure all the ills of the project, they could determine whether the balance of Mr. Sgroi's request outweighed the negatives of the change. He would agree to tree, fence and screen the total perimeter of the property that abutted residential property and leave the rear lot unoccupied except for minimal parking.

Mr. Sgroi stated that he would like to keep some of the parking at the rear of the property because of the conference room. The traffic flow would be minimal and there would only be a limited number of spaces. Mr. Sgroi stated that he would make the property look beautiful for the neighbors and it would enhance their view and their property values. Presently there were 42 parking spaces, but he wanted to have 6 or 8 spaces on the rear lot that would be buffered and landscaped.

Mr. Bove thought that the building was too big for the neighborhood, and even with only six parking spaces it was still a parking lot. The neighbors did not want to look at another parking lot, but they were willing to work with Mr. Sgroi if he was willing to cut back on his plans. Mr. Bove suggested that Mr. Sgroi buy property on Union Road instead of Willowdale Drive if he was not willing to compromise.

Bill Thornton, Vice President of Southgate Plaza, commented that doing business in West Seneca was tough. The tax rate was high, there were a lot of empty buildings, and without the commercial tax base residents would get taxed more and more. Mr. Thornton thought that the residents needed to work with the commercial entities so they could expand and stay in business in West Seneca. Mr. Sgroi could leave West Seneca and go to another town and his clients would follow him, but the business environment needed cooperation from the town and the residents. He noted that Mr. Sgroi was very supportive of the community, and he thought that with a little cooperation from the residents this project could work.

Mrs. Machniak questioned what the conference room would be used for. She thought it was a very large meeting room and could bring a lot more traffic to the area. Mrs. Machniak was not opposed to business coming to West Seneca, but suggested that they locate in the commercial areas rather than residential neighborhoods.

Mr. Lorigo advised that the conference room would be used for seminars for Mr. Sgroi's financial clients. He further noted that Union Road was a commercial corridor in West Seneca. Mr. Lorigo presented a tax map and zoning map for that area of Union Road and stated that every property had a depth of 208 feet except for Mr. Sgroi's property, which was 150 feet. He thought that their compromise was reasonable, and stated that the residents would not have to look at a commercial building or office building, two-thirds or more of the lot would be green space, and there would only be 6 to 8 parking spaces in the rear.

7-B    LEGAL NOTICES

1.    (continued)

Mr. Bove stated that he was willing to compromise if Mr. Sgroi cut back on the size of the building and left the house on the property so that it would remain residential. He referred to a 1998 appraisal of his home that referred to the office building at the corner and the negative effect it had on his home. Mr. Bove commented that this was an above average neighborhood and he thought someone would buy the house if it were put on the market. He expressed concern over lights from a parking lot lighting up his home and suggested that Mr. Sgroi leave the zoning as residential and obtain the necessary variances without intruding on the Willowdale lot.

Councilman Hicks commented that someone could buy the house, not maintain it, and create an eyesore for the neighborhood. He thought that Mr. Sgroi would keep the property well maintained and beautiful for the neighborhood.

Mr. Lorigo noted that if Mr. Sgroi did not purchase the lot on Willowdale Drive, he would still need a variance for the parking and rear setback.

Mr. Czuprynski referred to the closeness of the building to the rear lot line and thought that it might violate the fire code. The town would have no control over this.

Mr. Lorigo stated that Mr. Sgroi could buy the lot, keep it as residential, and rent the house or sell it after the project was completed.

Motion by Councilman Wroblewski, seconded by Councilman Osmanski, to table the public hearing until the June 10, 2002 Town Board meeting and recommend to the Zoning Board of Appeals that they approve a variance for the rear setback and parking for Mr. Sgroi's property on Union Road.

On the question, Supervisor Clark asked for some assurance from the residents that this was an acceptable compromise to them.

Mr. Bove thought that the proposed building would be an improvement to the area as long as the Willowdale Drive lot remained residential and there was no parking lot on it.

Mrs. Houck was comfortable with the compromise and was happy that the house would remain on the Willowdale Drive lot.

Mrs. Machniak concurred with Mr. Bove and Mrs. Houck's comments.

2.   Motion by Councilman Osmanski, seconded by Councilman Hicks, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO HEAR ALL INTERESTED PARTIES AND CITIZENS FOR OR AGAINST THE ADOPTION OF AMENDMENTS TO THE ORDINANCE OF THE TOWN OF WEST SENECA REGULATING VEHICLES AND TRAFFIC AS FOLLOWS: 1) §115-9a (46) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE WEST SIDE OF NEWELL PLACE - (A) BETWEEN MAIN STREET AND A POINT THREE HUNDRED SIXTY-FOUR (364) FEET SOUTHERLY THEREFROM AND (B) ON SCHOOL DAYS BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M.; 2) §115-9a (47) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE EAST SIDE OF NEWELL PLACE - (A) BETWEEN MAIN STREET AND A POINT THREE HUNDRED AND SIXTY-FOUR FEET SOUTHERLY THEREFROM AND (B) ON SCHOOL DAYS BETWEEN THE HOURS OF 7:00 A.M. AND 4:00 P.M.; 3) ADDITION TO §115-9a (157) PARKING PROHIBITED IN DESIGNATED LOCATIONS - ON THE EAST SIDE OF JASMINE AVENUE ON SCHOOL DAYS BETWEEN 7:00 A.M. AND 4:00 P.M." in the Town of West Seneca, be received and filed.

7-B   LEGAL NOTICES

Motion by Councilman Osmanski, seconded by Councilman Graber, to open the public hearing.

Highway Supt. Pat Finnegan stated that the "No Parking" signs on Newell Place and Jasmine Avenue were posted after the Traffic Committee made their recommendation. Since that time, he had received a letter from Mr. Brotz, Principal of West Senior High, requesting that 800 feet on Main Street be included. Currently there was No Parking on Main Street to the first driveway of the school.

Deputy Town Attorney Bill Bond advised that any addition to the original amendment that was published would also have to be published and addressed at a later meeting.

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to close the public hearing.

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the following amendments to the ordinance of the Town of West Seneca regulating vehicles and traffic as follows: 1) §115-9a (46) Parking Prohibited in Designated Locations - on the west side of Newell Place - (A) between Main Street and a point three hundred sixty-four (364) feet southerly therefrom and (B) on school days between the hours of 7:00 A.M. and 4:00 P.M.; 2) §115-9a (47) Parking Prohibited in Designated Locations - on the east side of Newell Place - (A) between Main Street and a point three hundred and sixty-four feet southerly therefrom and (B) on school days between the hours of 7:00 A.M. and 4:00 P.M.; 3) addition to §115-9a (157) Parking Prohibited in Designated Locations - on the east side of Jasmine Avenue on school days between 7:00 A.M. and 4:00 P.M

*APPENDICES*

3.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 525 BULLIS ROAD, BEING PART OF LOT NO. 374, CHANGING ITS CLASSIFICATION FROM M-1(S) TO M-1(S), FOR USED CAR AND TRAILER SALES AND SERVICE" in the Town of West Seneca, received and filed.          (Weller Land & Realty Co.)

4.   Proofs of publication and posting of legal notice: "OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 28 RANSIER DRIVE, BEING PART OF LOT NO. 201, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR AN AUTOMOTIVE REPAIR SHOP FOR MECHANICAL REPAIRS ONLY" in the Town of West Seneca, received and filed.          (Frank & Laura Pirritano)

7-C    COMMUNICATIONS

1.   Supervisor Clark re St. John Vianney Church 5-K Run

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to grant permission for St. John Vianney Church to hold their annual 5-K Run on Thursday, July 25, 2002 at 6:30 P.M. on designated streets in the Town of West Seneca.

2.   Supervisor Clark re West Seneca Town Band

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Town Band to perform at St. John's Lutheran Church annual Roast Beef Dinner on Wednesday, July 10, 2002 at 6:00 P.M.

7-C    COMMUNICATIONS

3.   Town Attorney re Public Hearing for North America Center Storm Water Drainage District

Motion by Councilman Graber, seconded by Councilman Hicks, to adopt the attached resolution scheduling a public hearing for May 20, 2002 at 7:30 P.M. to consider the establishment of the North America Center Industrial Park Storm Water Drainage Improvement District.

*APPENDICES*

4.    Town Attorney re Coca-Cola agreement

Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to execute an agreement between the Town of West Seneca and Coca-Cola Bottling Company of Buffalo whereby Coca-Cola is permitted to place vending machines at various town facilities.

On the question, Supervisor Clark stated that this was a landmark agreement, and although it was common in the schools, it was very unusual for a municipality. This represented solid revenue for the town that would benefit the taxpayers.

5.    Town Attorney re Easement release for 21 Hilltop Court

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the Supervisor to execute an easement release for property located at 21 Hilltop Court.

6.   Town Attorney re Assessment challenge settlement for Niagara Mohawk & NYSEG

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to approve the tax assessment challenge settlements for Niagara Mohawk Power Corporation and New York State Electric & Gas, noting that outside counsel, Ronald P. Bennett, Esq., was successful in settling these matters at the values established by the State Board of Equalization and Assessment and providing for the waiving of any interest on the claim.

7.   Town Engineer re Additional landscaping proposal for Seneca Street Soccer Complex berm

Motion by Councilman Osmanski, seconded by Councilman Hicks, to approve the proposal from Birch Grove Landscaping, P.O. Box 117, East Aurora, NY 14052 for a total amount not to exceed $10,000 for furnishing and installing additional plantings along the berm at the Seneca Street Soccer Complex.

On the question, Supervisor Clark noted that Jim Lawson of the Soccer Association was concerned about additional landscaping at the soccer complex, which he thought might dramatically increase the cost of lawn maintenance.

Councilman Osmanski responded that there would be room for the mowers, but the foliage could eventually take over the top of the berm and require less maintenance.

7-C    COMMUNICATIONS

8.   Town Engineer re Purchase of confined space truck for Sewer Service Department

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize the purchase of a used 2000 GMC van from Jim Ball Pontiac - GMC - Buick, 3475 Southwestern Blvd., Orchard Park, NY 14127 at a cost of $13,400 for use as a confined space truck by the Sewer Service Department.

9.   Town Engineer re Status change for Maureen Terhart to seasonal part-time

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to change the status of Clerk Typist Maureen Terhart from part-time to seasonal part-time effective May 20, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

10.   Highway Supt. re Title change for Daryl Krawczyk to Auto Mechanic

Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to terminate Daryl Krawczyk as Motor Equipment Operator and appoint Daryl Krawczyk as Auto Mechanic, Step 5, Group 5, at a rate of $20.05 per hour effective April 29, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

11.   Highway Supt. re Appointment of W. Owczarczak, M. LaPerta & R. Finnegan as Sanitation Substitutes

Motion by Councilman Osmanski, seconded by Supervisor Clark, to appoint William Owczarczak; Mark LaPerta; and Robert Finnegan as Sanitation Substitutes at a rate of $7 per hour effective April 29, 2002 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.

12.   Highway Supt. re Seasonal part-time status for Buildings & Grounds laborers

Motion by Councilman Osmanski, seconded by Councilman Hicks, to change the status of the following laborers in Buildings & Grounds from part-time to part-time seasonal effective April 29 - September 9, 2002 at a rate of $6.50 per hour: