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

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its March 21, 2001 meeting, the Planning Board recommended approval of the request for a special permit for property located at 44 Dyke Road, being part of Lot No. 360, changing its classification from M-1 to M-1(S), for storage of limousines & auto sales, with the following stipulations: 1) submission of a revised legal description indicating that the special permit only applies to the 130.38' x 227.22' that currently holds the concrete pad for the former tennis center; 2) the structure be no larger than 75' x 125' and no higher than 16'; 3) no more than six unlicensed vehicles parked outside on the south side of the building; 4) no mechanical work, painting, collision work, etc. inside or outside the building; 5) the exterior light on the west side of the building be a switch light only and not on all the time; 6) no additional free standing lights around the property; 7) no outside storage of auto parts; 8) reasonable landscaping."

The petitioner, Michael Smith, 310 Seneca Creek Road, presented his proposal to build a steel building on the north side of the property at 44 Dyke Road along with a small parking area on the south side. He was only purchasing the concrete pad where the former tennis court was located and three to five feet to the north of it. Mr. Smith noted that the footer was about 18" wide and he would be using two sides of it for the building. He understood that the footer was 8 to 12 feet deep so it could not be removed. He also wanted to leave the small floating pad at the front of the building and would incorporate landscaping around it. Mr. Smith referred to his location at 1471 Union Road and commented on the improvements he had made to that property. The proposed building would be used for storage of limousines and for cars that Mr. Smith would be selling, and he wanted to be able to repair his own cars at this location. Two garage doors were needed in case one was not working, but there was some concern with lighting on the rear of the building. Mr. Smith decided to move the rear garage door to the south side of the building, so there would be no need for any lighting on the rear of the building or on the north side, unless required by the town. He wanted the building to be close to the road so that his employees could drive straight into it. They would be parking their personal vehicle in the building when they took out a limousine.

Councilman Graber questioned the auto sales portion of Mr. Smith's request.

Mr. Smith responded that he currently sold limousines and exotic cars over the Internet. These were vehicles that he acquired but often did not have possession of before they were sold, and they were the kind of vehicles that he would store inside, but he wanted some outside storage in case it was ever needed. The cars would be advertised on the Internet and people would come to this location to see them.

Councilman Osmanski questioned how many limousines Mr. Smith had at the present time and if they would all fit in the building.

Mr. Smith responded that he had ten limousines in service and they would all fit inside the building with extra room. The maximum number of vehicles that would fit in the building would depend upon the size of the vehicles.

Councilman Osmanski stated that he was somewhat leery of the auto sales portion of Mr. Smith's request because the description was vague.

WEST SENECA TOWN OFFICES		TOWN BOARD PROCEEDINGS
1250 Union Road		Minutes #2001-7
West Seneca, NY 14224		April 9, 2001
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Mr. Smith stated that at the present time he was not into the auto sales portion, but it was something that he wanted to do in the future. Most of the cars would be stored inside and the maximum number of vehicles outside would be six. Dyke Road was not a secure area, so he did not want to park the cars outside. It also was not a visible area that people could see from the main street.

Councilman Osmanski questioned if they rezoned the property to C-2 if they could limit the type of vehicle that was stored on the property.

Mr. Greenan advised that the zoning was M-1 and the request was only for a special permit. The board could place any reasonable restrictions they wanted to. If they left it as auto sales, Mr. Smith could store any type of vehicle.

Mr. Smith stated that the telephone company was located on Dyke Road and they had some large vehicles parked on their property. These were not the type of vehicles he planned to sell.

Councilman Osmanski noted that once the special permit was approved, Mr. Smith could sell the property and someone else could move in that had different intentions. He wanted to understand Mr. Smith's intention and possibly approve the special permit for that direct intention.

Supervisor Clark stated that he hoped they could accommodate Mr. Smith's business goals without allowing an open door to someone else who might have a different operation that would be intrusive to the neighbors.

Mr. Smith suggested that if necessary a weight limit be placed on the vehicles.

Councilman Graber stated that the board members seemed to be focusing on the outdoor storage of vehicles, but someone could purchase this property, use it for industrial purposes, and park dozens of commercial vehicles on it and the Town Board would not be able to stop them.

Councilman Osmanski stated that there were some very nice residential houses abutting this manufacturing property. He thought that Mr. Smith's project had a lot of merit because it was a very low impact type of project and a compatible use with the residential neighborhood. Councilman Osmanski asked Mr. Smith to better define the type of repairs he would be making on his vehicles.

Mr. Smith responded that he usually did not have to make any repairs because most of the vehicles were new. Most of the repair work would be done at the dealer under warranty, but he did change the oil on his vehicles and the tires if needed. He would not be doing any collision or transmission work. Any repairs would have to be minor and able to be done quickly.

Frank Jacobson of Attorney Ralph Lorigo's office, 101 Slade Avenue, represented Dr. & Mrs. Schoene of 295 Schultz Road and stated that Mr. Lorigo had numerous discussions with Mr. Smith regarding his proposed project. They had worked out many of the restrictions that were in the Planning Board's recommendation, but wanted to ensure that there would be no garage door on the rear of the building or the north side. The Schoene's had no other objection to the project, but they did not believe that the existing trees were sufficient to shield the project from the residential neighborhood. The trees were young and spaced very far apart, but an additional second layer of trees could make it more appealing.

Louise Schoene, 295 Schultz Road, presented pictures taken from the proposed site in the direction of her property showing that her house, garage and pavilion were visible. She suggested that Mr. Smith purchase additional trees to go along the access driveway on her property and she would have them planted.

Councilman Osmanski questioned if Mr. Smith would be required to put up a fence since the property abutted a residential zoning district.

WEST SENECA TOWN OFFICES		TOWN BOARD PROCEEDINGS
1250 Union Road		Minutes #2001-7
West Seneca, NY 14224		April 9, 2001
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1.    (continued)

Building Inspector Bill Czuprynski responded that the rear portion of Mrs. Schoene's property was zoned manufacturing, so Mr. Smith's property would not abut the residential zoning.

Vince Ferraro, owner of 50 Dyke Road, referred to Councilman Graber's previous comment regarding another industry locating on the site in question and stated that the site was too small for most commercial uses or a manufacturing plant. He did not believe that any manufacturing concern would purchase this property.

Councilman Graber questioned the acreage of the entire site.

Supervisor Clark responded that the entire site was a little over five acres.

Mr. Ferraro noted that the current owner of the property, Roger Peck, had stated that the rear of the property would remain in its present state forever. There was also a high-pressure gas line going through the middle of the property that would prevent it from being developed. Mr. Ferraro requested that a fence be constructed on the south side along the footer between Mr. Ferraro's property and Mr. Smith's. He also requested a severe limitation on the amount of lighting that would be allowed on the south side since it would reflect into his office. Mr. Ferraro was not in favor of any unlicensed vehicles being parked outside the building and wanted to ensure that the property did not become a used car lot. He further suggested that a site plan be prepared indicating the landscaping that Mr. Smith planned for the front of the property and the design of the building itself.

Supervisor Clark questioned Mr. Ferraro's objection to the lighting when his building was an office.

Mr. Ferraro responded that he did not want to be overwhelmed by lights and noted that he had to remove lights from his building to appease the neighbors.

Mr. Smith stated that his proposed building would be located 60 feet from Mr. Ferraro's building and he did not intend to flood the area with lights. He also wanted to install a gate on the driveway to prevent vehicles from trespassing in the parking area. Mr. Smith referred to the pine trees that run along the north side of the property. He felt they were planted close enough together and were sufficient for screening. There were also pine trees on the berm at the rear of the property. Mr. Smith was opposed to planting any additional trees and felt that it could cause a security problem for him. He also could not see constructing a fence on the south side because Mr. Ferraro would then be looking at a wall instead of open area. Mr. Smith wanted to keep the area open for security purposes.

Councilman Graber questioned how many lights would be on the property and the wattage.

Mr. Smith responded that he would only have what was required by the ordinance.

Mr. Czuprynski advised that Mr. Smith would not have to put up any lights. The maximum lumens was 7000, but there was no minimum.

Mr. Smith stated that he wanted to have a light on the south side of the building near the garage door. The light would be operated by a switch and not on from dusk to dawn unless he began to have a security problem.

Supervisor Clark suggested that the lights be shielded in some manner and that Mr. Smith work with the Town Board and Mr. Ferraro on something that would be satisfactory.

Mr. Ferraro agreed to work together with Mr. Smith on the lighting. He further suggested landscaping with a small berm and pine trees on the south side if Mr. Smith was opposed to a fence.

Councilman Wroblewski noted that Mr. Ferraro's property was also zoned M-1, so Mr. Smith was not mandated by the ordinance to provide any screening between the properties.

WEST SENECA TOWN OFFICES		TOWN BOARD PROCEEDINGS
1250 Union Road		Minutes #2001-7
West Seneca, NY 14224		April 9, 2001
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1.    (continued)

Carol Bader, 52 Cedar Ridge Drive, was happy that there would not be a back door on this building because her house backed up to this property and she was concerned about the lighting. Mrs. Bader did not believe there should be any mechanical repairs, collision or painting inside or outside of the building, even on Mr. Smith's own cars. She was concerned about fumes and noise from these activities. Mrs. Bader further questioned why the building had to be 16 feet high if it was only going to be used for storage of vehicles.

Supervisor Clark stated that they planned to restrict the repair activity to only minor maintenance type repairs. He questioned if the equipment Mr. Smith used for these repairs created a lot of noise.

Mr. Smith responded that he used air impact tools and compressors. The compressors were necessary because he had to have the right air pressure in the tires and they were checked every week. Mr. Smith stated that he had a bus that was 10'4" tall and the garage doors would be 12' high. The building had to be 16 feet high because of its span. It would be constructed of metal with no windows on either side or the back. Mr. Smith was willing to put any color on the building that was pleasing to the neighbors.

Councilman Osmanski questioned the height of the side walls of the building.

Mr. Smith was not certain of the height of the side walls, but the peak of the building was 16 feet.

Councilman Graber questioned if Mr. Smith would agree to restrict the use of any air operated tools past a reasonable hour.

Mr. Smith stated that the maintenance work was usually done early on Monday evenings. He would agree to a 9:00 P.M. restriction on the use of air operated tools.

Dr. Mirani, 345 Schultz Road, stated that the building would be located about 150 feet from his home. He did not believe the trees were sufficient to screen the building and requested an eight-foot high fence along the access road.

Mr. Czuprynski advised that a variance would be required for a fence over six feet high, but not for trees.

Councilman Hicks commented that if Mr. Smith were to plant trees on his property along the north side of his building they would probably not survive because they would be too close to the building.

Councilman Osmanski stated that if Mr. Smith were to pay for a fence to be constructed on Dr. Mirani's property, Dr. Mirani would have to agree to maintain the fence. Councilman Osmanski did some calculations and the building would actually be 22 feet high at the peak. An eight or ten foot fence would not hide the building.

Dr. Mirani understood that he could not hide the building, but he wanted some privacy and something for a noise barrier.

Carol Bader, 52 Cedar Ridge Drive, noted that the Planning Board recommendation was for a building no higher than 16 feet. She further questioned the stipulation for no more than six unlicensed vehicles parked outside and whether cars with dealer's plates would be included.

Councilman Osmanski stated that the board could stipulate no more than six vehicles parked outside other than employee's cars.

WEST SENECA TOWN OFFICES		TOWN BOARD PROCEEDINGS
1250 Union Road		Minutes #2001-7
West Seneca, NY 14224		April 9, 2001
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1.    (continued)

Larry Fuoco, 105 Azalea Drive, stated that he had worked for Mr. Smith for nine years. When he drove for a wedding or prom, he took the limousine to his house during the in between hours. His neighbors had never complained and most of the time did not even know the limousine was on the street. Mr. Fuoco stated that the drivers had a problem sheet that they filled out and left on the windshield if they experienced any problem with the limousine. Within one to two days Mr. Smith took the vehicle to Midas, Reid's Tires or another place in town and had the vehicle fixed. Mr. Fuoco noted that the limousines were new vehicles and did not make noise.

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

Supervisor Clark thought that the lighting issues and landscaping to the south had been addressed, but did not believe there was a consensus with regard to the neighbors' request for additional screening. Supervisor Clark did not want to require that Mr. Smith construct a fence, but did ask that he work with a tree bank of about 30 to 40 six-foot pine trees at an estimated cost of $100 to $120 each and work with the neighbors in spacing the trees to provide additional screening.

Mr. Smith responded that he had accommodated the neighbors by moving the rear garage door and light to the south side of the building and limiting the time that he would work on the vehicles. There was a row of young pine trees on the north side of the building and a berm with pine trees on the west side. Mr. Smith offered to work with the residents with regard to the color of the building, but he did not believe that the residents of Cedar Ridge and Schultz Road would be able to see or hear the business and was not in favor of an additional expense for trees.

Councilman Wroblewski thought that Mr. Smith had tried to accommodate the neighbors and noted that there were other projects that could locate in this manufacturing zone without coming before the board for approval. He referred to Mr. Smith's business on Union Road and stated that it was very clean and there were no problems with it. Councilman Wroblewski was in favor of this project as long as Mr. Smith agreed to the other conditions that were specified. He further thought that if the building ended up to be more obtrusive to the neighbors than Mr. Smith anticipated, he might be a good neighbor and plant additional trees at that time.

Motion by Supervisor Clark to deny the request for a special permit for property located at 44 Dyke Road, being part of Lot No. 360, changing its classification from M-1 to M-1(S), for storage of limousines & auto sales.

Motion was lost due to lack of a second.

Motion by Councilman Wroblewski, seconded by Councilman Hicks, to approve the request for a special permit for property located at 44 Dyke Road, being part of Lot No. 360, changing its classification from M-1 to M-1(S), for storage of limousines & auto sales with the following stipulations: 1) structure to be no larger than 75' x 125' and no higher than 22'; 2) no more than six unlicensed vehicles parked outside on the south side of the building; 3) no mechanical work, painting, collision work, etc. inside or outside the building, except for light general maintenance work, i.e., tire changes, oil changes, on petitioner's own vehicles and to be done on the inside of the building only and no later than 9:00 P.M.; 4) no additional free standing lights around the property; 5) no exterior lights on the west and north sides of the building; 6) no outside storage of auto parts; 7) reasonable landscaping on the south side of the property, as to be determined by petitioner and owner of the adjacent accounting firm; 8) color of the building to be determined by the petitioner and adjoining neighbors.

WEST SENECA TOWN OFFICES		TOWN BOARD PROCEEDINGS
1250 Union Road		Minutes #2001-7
West Seneca, NY 14224		April 9, 2001
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1.    (continued)

On the question, Councilman Osmanski was disappointed that Mr. Smith was not more willing to work with the neighbors; however, there was a unique situation with the properties because the site did not abut residential, so they could not mandate Mr. Smith to provide screening. Councilman Osmanski stated that he was in favor of the project because he believed it was a good one that would fit in well with the neighborhood compared to some other projects that could be built there. He thought that the business operation would be unobtrusive, but the building might be very obtrusive. Unfortunately, they could not afford much protection to the neighbors because of the layout of the building and property.

Supervisor Clark agreed with Councilman Osmanski's remarks, but stated that he was not afraid of a legal challenge and thought that they would be within bounds if they denied this project. They could have specified plantings on Mr. Smith's property or on adjacent property where he would not have to maintain them, but Mr. Smith was not in favor of that. He thought this would have been a minor expense for the business. Supervisor Clark further noted that a special permit was a privilege that came with attachments and reasonable stipulations. He did not believe that reasonable landscaping to soften and visually protect a residential neighborhood was an unreasonable request.

Councilman Wroblewski stated that Mr. Smith was willing to work with Mr. Ferraro to screen the lighting and had accommodated the residents of Cedar Ridge by moving the rear garage door and light. He thought that this project would be much less obtrusive than other possibilities and noted that the board was able to place stipulations that Mr. Smith would have to comply with.

Councilman Hicks agreed with Councilman Wroblewski that this project was well suited for the area and noted that Mr. Smith ran a class operation. Although they could not force Mr. Smith to plant trees, Councilman Hicks hoped that he would try to work something out with the neighbors if the building was overly obtrusive to the neighbors.

*APPENDICES*

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

Town Attorney Tim Greenan read the recommendation of the Planning Board: "At its March 21, 2001 meeting the Planning Board recommended approval of the request for a rezoning and special permit for property located at 1600 Southwestern Blvd., being part of Lot No. 397, changing its classification from R-60A to C-2(S), for service of alcoholic beverages."

John Murray represented the YMCA and stated that the current zoning only allowed the property to be used for private clubs, so a rezoning to C-2 was necessary to allow the YMCA to use the property. The special permit request was needed because part of the YMCA's agreement with the Shriners was allowing them use of the picnic pavilion for five to six events annually where alcoholic beverages would be served. The picnic pavilion was located at the rear of the property.

No comments were received from the public.