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Daniel T.

Warren 836 Indian Church Road West Seneca, New York 14224-1235 716-997-8187
August 8, 2013 West Seneca Planning Board West Seneca Town Hall 1250 Union Road West Seneca, New York 14224 RE: VIA Fax: 716-677-4330

SPR2013-05 - A request from Canisius High School for site plan approval for property located at 2885 Clinton Street for a locker room building.

Dear Planning Board Members, I am unable to attend this evenings meeting. Please accept this letter as my objections and comments on the above reference application. This application for site plan approval should not be considered at tonight's meeting of the West Seneca Planning Board because it was submitted on less than the 30 day period required under West Seneca Town Code 102-9(B) since it was filed with the Town Clerk on July 12, 2013. As for the factors set forth in 102-12(b)(1) & (b)(7) applicant obtained the approvals for the initial construction of these athletic fields as an accessory use to a school, while the undersigned still does not concede that it is such, applicant is bound by its representations and the approvals based thereon. Therefore, any approval of this site plan should include a provision that it is subject to the applicant seeking and obtaining from the regulatory entity that has jurisdiction over Clinton Street a determination whether or not it should be designated as a school zone in accordance with the New York State Supplement to the Manual on Uniform Traffic Control Devices currently in effect. As for the factors set forth in 102-12(b) (3); (b)(4); (b)(10); & (b)(11) The water/stormwater survey submitted with this application is over 7 years old and does not reflect current conditions. Therefore an updated assessment of the drainage and stormwater management facilities needed, if any, should be based on current conditions. As for the factors set forth in 102-12(b) (6) & (b)(8) the traffic study that was submitted is over 8 years old and was conducted prior to the athletic fields were constructed and put into service. A new traffic study needs to be conducted to reflect current conditions in

order to determine any necessary conditions that should be imposed and as part of the required SEQR process. As for the factor set forth in 102-12(b) (11) when the construction of these athletic fields were in the approval phase the applicant sought and obtained an exemption relating to the number and location of fire hydrants. In the application for this exemption the applicants never revealed the location or siting of an additional structure with locker rooms. Therefore this application should be made subject to the re-evaluation of this exemption with full disclosure of all currently sought changes as well as those that may be currently contemplated by the applicant. As you may be aware I was one of the individuals who challenged the initial approvals of these athletic fields in a prior judicial proceeding. The applicants made various representations to avoid the issue of segmentation. Specifically they made representations that there were no phase 2 construction plans despite the fact that the undersigned obtained and produced a copy of such plans which included the subject locker rooms that the applicant now seeks to construct. Previously applicant sought a variance to construct a sign on the property and when objections were raised relative to segmentation they withdrew the request. This raises the issue of prohibited segmentation of the SEQR process. Thank you for your prompt attention in this and all future matters. Sincerely,

Daniel T. Warren

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