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Town Zoning Appeal
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Last Updated: Jun 7th, 2007 - 10:41:10 |
TOWN OF LOCKPORT
ZONING BOARD of APPEALS
February 27 2007
PRESENT Charles Dahlquist
Larry Haseley
Tim Lederhaus
Paul Siejak Chairman
Mike Bartus Appointed Alternate
ALSO PRESENT Mike Brown Deputy Building Inspector
Dan Seaman Attorney
Jane Trombley Secretary
ABSENT Frank Loiars
The February 27 2007 Zoning Board of Appeals meeting was called to order at 7 30 pm by Chairman Siejak who then led the Pledge of Allegiance Chairman Siejak welcomed Alternate
Mike Bartus to the Board Chairman Siejak appointed Alternate Bartus afull voting member in the absence of Member Loiars
MOTION made by Member Dahlquist seconded by Member Lederhaus to approve the November 28 2006 minutes 5 Ayes 0 Nays Carried
MOTION made by Member Haseley seconded by Member Dahlquist to approve the December 27 2006 minutes 5 Ayes 0 Nays Carried
MOTION made by Member Lederhaus seconded by Member Dahlquist to approve the January 11 2007 minutes 5 Ayes 0 Nays Carried
MOTION made by Member Haseley seconded by Member Lederhaus to approve the January 23 2007 minutes 5 Ayes 0 Nays Carried
Chairman Siejak asked Attorney Seaman ifhehad any updates on the Wal Mart project and Attorney Seaman stated no the project is still on hold until further notice A copy ofWal
Mart s letter will be provided to the Board members
CASE 1 5780 Ridge Road SBL 80 00 3 13 21 Vincent Muffoletto II Chairman Siejak stated he has received aletter from Mr Muffoletto requesting to table his
request until the March meeting as he is still awaiting the survey
MOTION made by Member Haseley seconded by Member Lederhaus to table 5780 Ridge Road for Vincent Muffoletto II and to keep the Public Hearing open until the March 27 2007 meeting 5 Ayes 0 Nays Carried
CASE 2 5859 5863 South Transit Road 6210 6216 Hamm Road SBL
138 05 3 1 138 05 3 2 138 05 3 3 138 05 3 4 McDonald s USA LLC Returning applicant seeking area variances in order to construct a 4855 sq ft restaurant and associated site improvements Chairman Siejak reminded everyone
the Public Hearing is still open and that no action can be taken tonight on this Zoning Board of Appeals
February 27 2007
Page 2
project as the site plan review has not been completed by the Planning Board yet Sean Hopkins Esq council for McDonald s Scott Francis Site Acquisition Manager for McDonald s Paul Rubenstein Construction Project Manager for
McDonald s and Randy Bebout ofFRA Engineering presenting Mr Hopkins stated the site plan has been re evaluated to reduce the number of variances required from 10 to 6 and is here for input from the Board Mr Hopkins handed
out copies ofthe amended variance application with Exhibit B Amended Variance Application dated February 27 2007 to the Board members Copy attached Mr Hopkins stated variance 1 is for the minimum lot width The required lot
width is 250 and they only have 174 75 available Mr Hopkins stated they have spoken to the owners to the south to try and purchase more property but they don't want to sell any Mr Hopkins stated variance 2 is for the required open space coverage The required is 75 and they are proposing 621 Mr Hopkins stated variance 3 is for the internal green space of 5 6 and 10 is required
Variance 4 is for the side parking setback which shows 4 5 and 25 is required Mr Hopkins stated Consumer s Beverage is the side neighbor and they are supportive and agreeable to this project Mr Hopkins stated variance 5 deals with the 17 proposed drive aisle with 60 degree parking which is less than the 23 required Mr Hopkins stated variance 6 is for the proposed pole sign which is 139 02
square feet when only 96 square feet is allowed Mr Hopkins stated this is coverage for both sides ofthe sign
Mr Hopkins stated they have relocated the shed to bring it into code and feels the benefits realized by McDonald s will outweigh any detriments for the remaining
variance requests Chairman Siejak questioned the 200 from an intersection for an entrance requirement Mr Hopkins stated the 166 is the maximum they can place the entrance as that is all the property they can have and stated atraffic study has been done with DOT having jurisdiction Mr Hopkins also stated he couldn't locate this code Deputy Building Inspector Brown stated it is in the Town Code on page 72 Mr Hopkins stated he would amend the variance request to include this variance Attorney Seaman asked if detailed signage had been submitted and Mr Bebout stated yes Zoning Board of Appeals
February 27 2007
Page 3
Member Haseley questioned making aleft turn onto Transit Road Mr Bebout stated based on the traffic study it is safe to make a left turn onto Transit Road Mr Bebout stated the traffic study takes into account the projected traffic from the proposed Wal Mart store Mr Bebout stated the counts were taken on weekdays as well as weekends with the weekend count being done from 12 30 until 1 30 pm and the counts showed acceptable levels to enter onto Transit
Road Mr Bebout stated the State stated atraffic signal is not warranted at the Hamm Road intersection even with the proposed increase in traffic Chairman Siejak asked how many customers will be served daily Figures were
not available Member Haseley asked how the size of the new building compares with the old building Mr Bebout stated about a25 increase in size as he believes the present building is about 3200 square feet Mr Hopkins stated they have also cut down the size of the proposed project to 4350 square feet to also reduce the number of variances required Chairman Siejak questioned the expertise ofthe FDA on the traffic study and Mr Hopkins stated they have great credentials and are reviewed by the DOT
Attorney Seaman stated the Town Engineer will also review the traffic study Member Lederhaus asked about the traffic at the current store and the figures were not available Chairman Siejak stated he believed there were also questions regarding the architectural design and Mr Hopkins stated that it will be discussed at an upcoming meeting with the Planning Board Chairman Siejak asked if McDonald s will be open 24 hours and Mr Hopkins
stated yes Chairman Siejak stated the Public Hearing is open and asked for Public Comment
Brian Yaeger of 6220 Hamm Road stated he feels the trash enclosure and shed are still too close to his property line and he would like them moved to the side and
100 away from the property line Mr Bebout stated the trash enclosure is completely enclosed Mr Hopkins stated they are proposing an adequate fence along Mr Yaeger s property line as well as a row of 7 to 8 high pine trees to
buffer and the trash will be totally enclosed The edge of the property line to the shed is 25 Mr Yaeger also stated they have moved the parking closer to his property and
Mr Hopkins stated yes it was originally 32 and they have reduced it to 25 from the property line Mr Yaeger stated he would like it 50 away Mr Yaeger also stated he doesn't want a fence and trees he wants cross access to be
available for possible future potential business on his property Mr Yaeger questioned having the proposed fence on his property instead of McDonald's so
Zoning Board of Appeals
February 27 2007
Page 4
that he would be able to take it down if he wanted
Attorney Seaman stated that could be addressed in a reciprocal agreement but it couldn't be just be torn down
Attorney Seaman questioned cross access across the south side of the lot and Mr Hopkins noted there is agrade difference between the Consumer lot and this property and Attorney Seaman noted cross access is a requirement of the code Chairman Siejak questioned the loop around McDonald s and Mr Hopkins stated it is designed for one way traffic to loop around from Hamm Road to get to the drive thru
Mr Hopkins said stacking is the issue and double ordering is the goal to get people out as soon as possible and works very well Mr Bebout stated this has been tried in other areas but is new to this area There will be a cash window and a presenter's window Attorney Seaman asked how many parking spaces are required and Mr Hopkins
stated 21 but they are providing 48 as that is what McDonald's feel they require Chairman Siejak asked if aplan for water run offwould be done and Mr Hopkins
stated yes they are working on the requirements for site plan approval and are hoping to improve drainage on the adjoining sites also Mr Bebout stated they are proposing an underground detention system that will also help with water issues on neighboring properties Chairman Siejak stated the Public Hearing will remain open
CASE 3 Meadowbrook Estates Phase III 12 lot subdivision
Returning requesting area variances on 12 subdivision lots for setback consideration Paul Case of Metzer Civil Engineers presenting Attorney Seaman stated he has recused
himself and Mr Douglas will provide any necessary council for this project Attorney Seaman excused himself from the table Chairman Siejak reviewed the minutes from the January 23 2007 meeting for the Board Mr Case stated when
this project was first approved in 1997 and Phase I was put in the required lot width was 80 and the code has since changed the required frontage to 100 Phase II has also been constructed and the infrastructure and roads have been put in for Phase III under the old guidelines
Mr Case stated they would like to maintain the character of the existing neighborhood and use the same setbacks as
the existing homes with minimum of 87 lot widths
Chairman Siejak asked for Public Comment
Charles Harry of7253 Woodhaven Drive asked if any ofthe other lots are 100 and Mr Case stated no 80 minimum on the existing homes 87 minimum would be on the Phase III homes Mr Harry asked if the Phase III homes had all been previously approved and Deputy Building Inspector Brown stated yes approved,mapped and recorded but the time for the variance has expired Mr Harry asked if other developments have the same issue and Chairman Siejak stated yes they are being taken care of as they come up
Zoning Board of Appeals
February 27 2007
Page 5
Mr Case used lot 30 as an example of acul de sac lot and stated with the 50 rear setback instead ofthe 35 only one ofthe six models they offer could be accommodated
Mr Case further stated using lot 21 a side lot as an example the lot wouldn't be able to accommodate any ofthe models but will be able to accommodate 4 of the models with the variance Hearing no further comment Chairman Siejak closed the Public Hearing
MOTION made by Member Lederhaus seconded by Member Dahlquist to approve the area variances for Meadowbrook Estates Phase III 12 lot subdivision complying with 10 side setbacks 35 rear setback 45 front setback and 80 frontage as used in the previous two phases under Town Law
267b based on the following findings:
1 the proposed variance will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties
2 the benefit sought by the applicant cannot be achieved by any other feasible method
3 the required area variance is not substantial
4 the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood and the alleged difficulty was not self created
5 Ayes 0 Nays Carried
CASE 4 5862 South Transit Road SBL 138 05 1 32 Robert Miller Construction Inc Requesting area variance for setback requirements in Commercial Corridor Overlay District. No one appeared.
MOTION made by Member Bartus seconded by Member Lederhaus to table the action on 5862 South Transit Road and keep the Public Hearing open until the March 27 2007 Zoning Board of Appeals meeting
5 Ayes 0 Nays Carried
MOTION made by Member Haseley seconded by Member Lederhaus to approve tonight's decisions 5 Ayes 0 Nays Carried
MOTION made by Member Dahlquist seconded by Member Bartus to adjourn at 8:40 pm
5 Ayes 0 Nays Carried
The next Zoning Board of Appeals meeting will be March 27 2007 at 7:30pm
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| Zoning Boared Minutes - September 25, 2007 |
| Zoning Board Minutes - August 28, 2007 |
| Zoning Board Minutes - June 26, 2007 |
| Zoning Board Minutes - June 14, 2007 |
| Zoning Board Minutes - May 22, 2007 |
| Zoning Board Minutes - April 24, 2007 |
| Zoning Board Minutes - February 27, 2007 |
| Zoning Board Minutes - Jan. 11, 2007 |
| Zoning Board Minutes - Jan. 23, 2007 |
| Zoning Board Minutes - September 26, 2006 |
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