| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
The meeting was called to order at 7:30 P.M. by Supervisor Paul T. Clark with 30 seconds of silent prayer followed by the Pledge of Allegiance.
ROLL CALL: Present -
| Paul T. Clark | Supervisor |
| Christopher F. Osmanski | Councilman |
| Vincent J. Graber Jr. | Councilman |
| Timothy M. Wroblewski | Councilman |
| Craig J. Hicks | Councilman |
Absent - None
Supervisor Clark read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to the memory of Ralph W. Hart & Charlotte Armbruster.
5-A MINUTES TO BE APPROVED
| Ayes: All | Noes: None | Motion Carried |
5-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 AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 2339 UNION ROAD, BEING PART OF LOT NO. 294, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2(S), FOR A RESTAURANT/BANQUET HALL SERVING ALCOHOLIC BEVERAGES" in the Town of West Seneca, be received and filed. (Ralph C. Lorigo)| Ayes: All | Noes: None | Motion Carried |
Motion by Councilman Osmanski, seconded by Supervisor Clark, to open the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its February 21, 2001 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 2339 Union Road, being part of Lot No. 294, changing its classification from C-1 to C-2(S), for a restaurant/banquet hall serving alcoholic beverages, noting that the C-2(S) zoning should apply only to the most northerly 240 feet of the property."
Ralph Lorigo, Esq., 101 Slade Avenue, presented photographs of the 250' x 271' lot and the 5400 square foot building that was formerly the Ponderosa Restaurant. Mr. Lorigo stated that he was the contract purchaser of the building and the purchase was contingent upon approval of the zoning change. He proposed to use the building for communion breakfasts, funeral breakfasts, banquets, etc. for up to 250 people. A wood picket fence ran from the beginning of the property to the back along the Greenfield Avenue side of the lot and this would be repaired as needed. The dumpster would be located at the rear of the property and that area would also be fixed up. The exterior of the building would be remodeled including installation of windows in the front and an extension to the roof to allow cars to drive under it. The roof would be replaced along with the HVAC.
Joe Basile, 2291 Union Road, questioned if there was sufficient parking and did not want to see the cars park in his parking lot.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
| Page two . . . |
5-B LEGAL NOTICES
1. (continued)Mr. Lorigo responded that there was a wood fence between the two properties that would prevent people from parking at Mr. Basile's and walking through. There were 116 parking spaces on site that would accommodate 277 people, and also a cross easement with the Garden Village Plaza for valet parking.
Joe Wojcik, 80 Greenfield Avenue, questioned if the facility would be open every day or only for banquets and parties. He did not want to see the site end up as a bar.
Mr. Lorigo responded that his current intention was only for banquets/parties and on Sunday mornings for brunch. It would not be open as a restaurant facility, except for Sunday brunch.
Motion by Supervisor Clark, seconded by Councilman Osmanski, to close the public hearing.
| Ayes: All | Noes: None | Motion Carried |
On the question, Councilman Graber stated that this property was vacant for quite some time and the exterior paint was beginning to crack and chip. He thought it was fortunate that someone would be rejuvenating the exterior and bringing the property back to life.
| Ayes: All | Noes: None | Motion Carried |
*APPENDICES*
2. 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 AND SPECIAL PERMIT FOR PROPERTY LOCATED AT 3808 & 3816 CLINTON STREET, BEING PART OF LOT NOS. 303 AND 306, CHANGING ITS CLASSIFICATION FROM R-65A TO C-2(S), FOR SALE OF USED CARS WITH LIGHT MECHANICAL WORK AND DETAILING" in the Town of West Seneca, be received and filed. (Jeffrey S. Offhaus)
| Ayes: All | Noes: None | Motion Carried |
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its February 21, 2001 meeting, the Planning Board recommended approval of the request for a rezoning & special permit for property located at 3808 & 3816 Clinton Street, being part of Lot Nos. 303 & 306, changing its classification from R-65A to C-2(S), for sale of used cars with light mechanical work and detailing, with the following stipulations: 1) the C-2(S) zoning is limited to a depth of 343.24 feet from the center line of Clinton Street; 2) no new construction is permitted under the special permit without prior approval of the Planning Board and Town Board; 3) a stockade type fence will be constructed along the property line that abuts a residential zone (the east line of both the existing non-conforming use and the new property beyond the depth of the current commercial zoning); 4) an updated survey will be submitted that includes the two lots as one; 5) a 10' setback and two 25' single access one-way driveways."
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
| Page three . . . |
5-B LEGAL NOTICES
2. (continued)Attorney Ralph Lorigo represented the petitioner, Jeffrey Offhaus, and stated that Mr. Offhaus recently purchased the property located at 3808 Clinton Street, the former Star Motors. Star Motors was a non-conforming use that was in operation for over 50 years. Mr. Offhaus' property was 2.15 acres with 103' of frontage on Clinton Street and widening in the back. In November 2000, he purchased the adjoining 60' lot and tore down the house and garage that were in poor condition. He would like to combine the two parcels and change the zoning to be in compliance. Mr. Lorigo pointed out other C-2 zoning classifications in this area of Clinton Street that were mixed in with the residential zonings. The property would be used for the sale of used vehicles along with light mechanical work on the vehicles that were being sold only. There would be no mechanical work for outsiders and no painting of vehicles. Mr. Offhaus was also the owner of Liberty Motors on South Park Avenue and Tifft Street. He owned that property and business for more than ten years and had no problem with the neighbors. Mr. Offhaus would make improvements to this property and add a blacktop driveway and parking area. In response to some of the residents' concerns at the Planning Board meeting, the plan was modified. Mr. Lorigo presented an updated survey that combined the two lots and noted that only the front 163.80' x 343.24' would be rezoned to C-2(S). The back portion of the property would remain residential. There was an issue at the Planning Board meeting with regard to constructing additional buildings on the site. Mr. Offhaus would like to construct a garage where all of the work would be done and hoped that this could be part of the approval. He agreed to the 10' setback and to the construction of a fence along the residential property. Mr. Offhaus also agreed to the single access driveways, but asked that the Planning Board recommendation of 25' be reduced to 20' width.
Councilman Graber stated that he visited this property and noticed that a tree had been cut down and there were vehicles parked on the property in question prior to the rezoning. It appeared to him that four to six vehicles were parked on the right side of the house on the new parcel.
Mr. Offhaus responded that only the front tires of the vehicles might be on the new parcel.
Councilman Graber commented on the C-2 zoning and the possibilities under that classification.
Mr. Lorigo responded that the special permit gave protection in that the Town Board could set any restrictions they deemed necessary. Even if the property were sold, the special permit and restrictions would still apply. Without the rezoning, Mr. Offhaus could continue to operate as a non-conforming use on the original property as had been done for the past 50 years.
Councilman Osmanski stated that many of the commercial uses on Clinton Street were family businesses that pre-dated the zoning ordinance. The area was predominantly residential and the commercial property was only allowed because they were long-term businesses in the community. The other businesses also had not come before the board asking to expand. Councilman Osmanski thought that this was a beautiful area in town and to expand the used car lot was not in the best interest of and would adversely impact that residential neighborhood.
Mr. Lorigo thought that the board should consider the conditions that could be placed on the rezoning and special permit that would appease the situation and improve the appearance of the property. If they denied the request, the existing use would continue as before and the cars could be parked on the entire lot. The Planning Board did not want to see another building constructed, so right now Mr. Offhaus was only asking to park the cars on the property. He would set up the driveways as requested and hard surface them, limit where the cars were parked to the front portion of the property, and install screening between the commercial and residential property.
Councilman Osmanski stated that only a portion of the property was used as the car lot and he did not believe that the vehicles were ever parked on the rear property.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
| Page four . . . |
5-B LEGAL NOTICES
2. (continued)
Mr. Greenan confirmed that a non-conforming use could not be expanded and the use would only exist to the extent that it previously existed. He further confirmed that with the special permit, the Town Board could restrict the number of vehicles, require green space buffers, limit the type of repairs, etc.
Chester Bolas, 3770 Clinton Street, was opposed to expansion of the used car lot in this residential neighborhood. He commented on the number of accidents on Clinton Street at Northwood Avenue due to the heavy traffic and thought that expanding this business would add to the problem. Mr. Bolas noted that the neighbors had submitted a petition at the Planning Board meeting opposing this rezoning and special permit request.
Zofia Bolas, 3770 Clinton Street, did not believe that expansion of the used car lot would be an improvement and thought it would only add to the pollution and traffic. She preferred green space to blacktop and commented on how the number of vehicles parked on the property would increase if the business expanded.
Mr. Offhaus stated that the new parcel was only 60' x 120' and was presently a mud hole and eyesore along with the house that was removed. He intended to take down the building near the road and construct a nicer building in the back to allow for easier access and more open space. Mr. Offhaus stated that he lives at this location and anything he did to the property would be a major improvement.
Councilman Osmanski stated that the house that Mr. Offhaus removed was an eyesore, and it got that way because it was located next to the used car lot and no one wanted to live there or improve it. If they were to allow expansion of the business, the next house would be impacted and begin to depreciate.
Mr. Lorigo commented on the concerns over traffic and stated that the business would not be open during heavy morning traffic hours and would be closed before the evening hours when there was heavy congestion due to the restaurants in that area. The business also did not generate a high volume of traffic.
Councilman Hicks stated that although the board had the ability with the special permit to limit the use of the property, they could not do that when they did not know exactly what Mr. Offhaus wanted to do with the property.
Mr. Lorigo stated that Mr. Offhaus wanted to be able to park vehicles on the 60' wide parcel. If he wanted to build a building he would have to come back before the board.
Councilman Hicks felt that the plan submitted was too vague and they needed to see a more detailed drawing.
Mr. Lorigo agreed to develop a plot plan with green space and the type of building that Mr. Offhaus wanted to build.
Councilman Osmanski stated that the issue was with the use of the property and expansion of a commercial enterprise in a residential zoning, not with what the property would look like. The business was presently operating on a 343' x 96' parcel. If the rezoning and special permit were approved, it would considerably increase that size.
Councilman Wroblewski commented that although there were some non-conforming commercial uses in this area of Clinton Street, the people who lived there had come to accept that because the area was still residential in nature. He was willing to have Mr. Offhaus return with another plan, but noted that it would have to have less of an impact of commercial usage and maintain the integrity of the residential neighborhood. Councilman Wroblewski felt that doubling the size of the parking lot encroached on the integrity of this area of Clinton Street.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
| Page five . . . |
5-B LEGAL NOTICES
2. (continued)
Motion by Councilman Wroblewski, seconded by Supervisor Clark, to adjourn the public hearing until the May 14, 2001 Town Board meeting.
On the question, Councilman Wroblewski suggested that Mr. Lorigo communicate with the neighbors as the plans were being developed.
Councilman Osmanski questioned why they would look at more detailed plans when the neighbors were opposed to even increasing the parking lot.
The motion was withdrawn.
Stan Urbanski, 40 Northwood Avenue, did not understand the reason for a new plan and stated that it would still be a parking lot with cars for sale parked on it. Mr. Urbanski also thought that a new building would bring more repairs and possibly painting and additional traffic.
Supervisor Clark stated that if they were to postpone the public hearing for submission of a new plan and the rezoning and special permit were approved, they could restrict certain activities of the operation.
Mr. Urbanski questioned who would police the restrictions that were placed. He felt that the property was zoned residential and should remain as residential, and noted that a petition was submitted and a majority of the neighbors were opposed to this.
Councilman Osmanski questioned if the petition had sufficient signatures to require a super majority vote from the Town Board.
Mr. Greenan responded that after preliminary review the signatures were not sufficient to invoke the super majority provision.
Motion by Councilman Osmanski, seconded by Councilman Graber, to close the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Motion by Councilman Osmanski, seconded by Councilman Graber, to deny the request for a rezoning and special permit for property located at 3808 & 3816 Clinton Street, being part of Lot Nos. 303 & 306, changing its classification from R-65A to C-2(S), for sale of used cars with light mechanical work and detailing, noting that although this was a non-conforming use from prior to the adoption of the Zoning Ordinance, expansion of this use would adversely affect the aesthetics of a predominantly residential neighborhood.
On the question, Councilman Wroblewski did not believe the residents of the area would be happy with any plan that was brought back before the board and he agreed that submission of another plan would probably not change anything.
| Ayes: All | Noes: None | Motion Carried |
3. Motion by Supervisor Clark, seconded by Councilman Osmanski, that proofs of publication and posting of legal notice: "OF A PUBLIC HEARING TO CONSIDER LOCAL LAW NO. 1 OF THE YEAR 2001 ENTITLED, 'GOLD STAR TAX EXEMPTION'" in the Town of West Seneca, be received and filed.
| Ayes: All | Noes: None | Motion Carried |
Motion by Supervisor Clark, seconded by Councilman Osmanski, to open the public hearing.
| Ayes: All | Noes: None | Motion Carried |
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
| Page six . . . |
5-B LEGAL NOTICES
3. (continued)
Town Attorney Tim Greenan stated that this proposal came about in response to a request from Gold Star representatives. The proposal would amend property tax exemptions to include Gold Star parents within the definition of qualified owners entitled to a real property tax exemption, and also include Gold Star parents within the definition of qualifying residential real estate property provided that such property is the primary residence of the Gold Star parent.
Councilman Wroblewski stated that he and Councilman Graber proposed this amendment with the support of the entire Town Board. The proposed exemption had the same guidelines as the alternative veteran's exemption as follows: There will be an additional 15 percent exemption to parents of children who have died in the line of duty while serving in the armed forces during the period of a war. Also, there would be an additional 10 percent, or a 25 percent exemption, to parents of children who died in the line of duty while serving in the armed forces in an actual combat zone during the period of a war. The board members felt that by offering tax relief similar to that afforded to veterans and their spouses, they could honor the fallen veterans by helping their parents afford their homes more easily.
Councilman Graber commented that most people took their freedom for granted, when it was actually the result of a lot of bravery by citizens throughout West Seneca and the country. The death of a child was an awful thing for a parent to bear, especially if they died at war, and Councilman Graber thought this was the least they could do for the parents who had lost something so important to them.
Joseph Kretz, Commander of American Legion Post 735, spoke on behalf of all members of the American Legion who supported the Gold Star Tax Exemption. Passage of this legislation would recognize and respect the sacrifice and personal loss incurred by parents who lost sons and daughters in protection of the nation.
Larry Lachat, 37 Dirkson Avenue, asked the Town Board to unanimously approve this amendment which would honor Gold Star parents in the Town of West Seneca who were often forgotten. Mr. Lachat commented that people often believe that giving your life for your country was the supreme sacrifice, but he thought that losing a child was the true supreme sacrifice. He was proud that the Town Board was making this offer to honor the Gold Star parents who gave the true supreme sacrifice.
Mark Cassidy, 85 Indian Church Road, Chairman of the West Seneca Veteran's Committee, stated that he had not yet presented the Town Board's proposal to the committee, but he saw no reason why there would be any objections to it and encouraged the Town Board to adopt the Local Law. Mr. Cassidy also noted that the practice of the Gold Star in the window had diminished over the years, but a Gold Star mother was not limited to WWII. Gold Star mothers included mothers of Vietnam veterans, Korean veterans, or any other conflict.
Supervisor Clark thanked Mr. Cassidy for taking an active part in the veteran's affairs and asked that he and Town Clerk Patricia Wisniewski develop a list of Gold Star parents to be contacted and advised of this action. A respectful letter could be drafted and sent so that everyone who was eligible was alerted.
Bruce White, 45 Kirkwood Drive, thanked the Town Board for adopting this Local Law and commented on how much it would mean to the Gold Star parents.
Motion by Councilman Wroblewski, seconded by Councilman Osmanski, to close the public hearing.
| Ayes: All | Noes: None | Motion Carried |
Motion by Councilman Wroblewski, seconded by Councilman Graber, to adopt Local Law No. 1 of the year 2001 entitled, "Gold Star Tax Exemption" in the Town of West Seneca.
| WEST SENECA TOWN OFFICES | TOWN BOARD PROCEEDINGS | |
| 1250 Union Road | Minutes #2001-5 | |
| West Seneca, NY 14224 | March 12, 2001 | |
| Page seven . . . |
5-B LEGAL NOTICES
3. (continued)
On the question, Councilman Osmanski stated that after his mother passed away recently he came across a certificate awarded to his father who was a WWII veteran. The award was given to all those who went out on the inauguration of a ship. Councilman Osmanski stated that his father was an only child and he could imagine the grief his grandmother would have endured if she had lost her only son to the war.
| Ayes: All | Noes: None | Motion Carried |
*APPENDICES*
5-C COMMUNICATIONS
1. Supervisor Clark re Attendance of Mike Kerl at International Disaster Management Conference
Motion by Councilman Osmanski, seconded by Councilman Graber, to authorize Disaster Preparedness Coordinator Michael Kerl to attend the 22nd Annual International Disaster Management Conference in Tampa, Florida, March 28 - April 1, 2001 at a total cost not to exceed $1800.
| Ayes: All | Noes: None | Motion Carried |
2. Supervisor Clark re Attendance of James Rathmann at Smart Growth Conference Motion by Councilman Osmanski, seconded by Councilman Wroblewski, to authorize Planning Board Member James Rathmann to attend the Smart Growth Conference in Albany, New York, April 22 - 23, 2001 at a total cost not to exceed $585.
| Ayes: All | Noes: None | Motion Carried |
3. Town Attorney re 2001-2002 CDBG project agreement for Thorndale Avenue
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize the Supervisor to enter into an agreement with Erie County entitled "2001 - 2002 Community Development Block Grant Community Project Agreement."
On the question, Councilman Osmanski stated that this agreement administered the town's Community Development Block Grant award for the replacement of sidewalks and approaches on the entire length of Thorndale Avenue. The grant was for $90,000 and the town would be contributing $160,000 in matching funds.
| Ayes: All | Noes: None | Motion Carried |
4. Town Engineer re Attendance of Gary Bommer & Mike Hess at equipment show
Motion by Councilman Osmanski, seconded by Councilman Hicks, to authorize Gary Bommer & Mike Hess to attend an equipment show relative to sewer televising trucks in Orlando, Florida, March 19 - 20, 2001 at a cost not to exceed $300.00, noting that transportation and lodging will be provided by the show sponsor.
On the question, Councilman Osmanski stated that a major problem within the town was with infiltration of tree roots causing blockages in the sewers. The sewer cameras were a great tool in addressing these problems and gave insight on how to resolve them. Councilman Osmanski thought that attendance at this equipment show was a good investment and having the right piece of equipment would save a great deal in the future.
| Ayes: All | Noes: None | Motion Carried |