Development
Lancaster Planning Board recommends Town Board approve William Street retail shopping center
By Lee Chowaniec
Jan 17, 2008, 23:33

Lancaster’s Planning Board (PB) approved a motion to recommend to the Town Board their approval for a rezone application submitted by 81&3 of Florida (Bella Vista) for a parcel of land that would allow the construction of a 38,600 square-foot retail shopping center.

Chris Andrzejewski of Genesee Engineering and Joseph Cipolla, president of Bella Vista Development, petitioned the PB on behalf of 81&3 of Florida (Bella Vista) to rezone the property of John C. Herdzik, 4745 William Street, from present R-1 (Residential) to General Business (GB) for use to build a retail shopping center.

Whereas Andrejewski told the PB at the last meeting that the one tenant was an Aldi’s, that is no longer true. The tenants would be a sit-down restaurant, a cell phone retail center and a third as yet to be determined operation.

Upon questioning, Andrejewski declared that signalization commitment had been granted by the Erie County Highway Department once Wal-Mart was built. Town Engineer Robert Harris interjected that signalization loop design for south turns is still in question.

Cipolla informed the board that the same condition that was instated for the original Aldi’s plan, namely, the operation could not open until signalization is in place, still holds.

PB member Rebecca Anderson voiced concerns that there was no left turn lane for vehicles traveling west to enter the proposed retail center.

The PB then expressed need for driveway integration for other existing and future businesses - a need to eliminate the use of the current Rite Aid driveway and mitigation of the Sunoco driveway. Four curb cuts with a few hundred feet of each other was dangerous and unacceptable.

“Do you agree with this, Mr. Cipolla,” asked Chair Stanley J. Keysa.

“I understand where you’re coming from,” replied Cipolla. “No,” replied Cipolla, but he pointed out where there could be an issue based on the proposed Aldi’s design for Transit Road, adjacent and south of the Rite Aid Pharmacy. “I would say it’s a good idea, but I can’t do anything about that design.”

Anderson also voiced safety concerns regarding shoppers parking in spaces west of the driveway and having to cross the traffic lane to get to the retail center.

Councilman Donna Stempniak, Town Board liaison to the PB, voiced concerns about buffer protection for the remaining residential property to the east. ‘You may want to pay that property owner to plant trees. I don’t believe that should be their responsibility, seeing as you’re taking away part of their property for tour use.”

Cipolla responded: “We can either put the fence on the property line and reimburse them for the landscaping they desire on their side of the fence, or we back off the fence onto our side of the property, but then they could be on our side of the fence. We’ll have to work something out with them.”

Rezone approval

Rebecca Anderson cast the only dissenting vote on a motion approved by the PB to recommend rezone approval of the parcel of land at 4745 William Street, from present R-1 (Residential) to General Business (GB).

The approval was granted with the following conditions:

1) The entry road is to be built before any building construction takes place

2) Signalization would have to in place at the aligned Wal-Mart / Flix driveways and road modifications in place prior to the operation of the project and/or issuance of an “Occupancy Permit”.

3) That the Herdzik driveway (in rezoned property) would have to be removed

4) That sidewalks be continued through the site

5) That an appropriate barrier has to be erected between the Herdzik property and the remaining Boll property and that such agreement reached between the parties put in writing and filed before the town issues a building permit

6) That if this is rezoned (Town Board approval) there is a restriction that there should not be a drive through restaurant constructed on the site

7) That arrangement with county is made for left turn lane for west bound traffic to access the shopping center

8) That if rezone is approved, there be no gas pumps on the site

9) That the owner would indicate a willingness to license and agree to give other adjacent property owners access through the driveway and through the signal


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