|
|
Town Planning & Zoning
|
Last Updated: Jul 31st, 2007 - 10:24:35 |
TOWN OF LOCKPORT
PLANNING BOARD
WORK SESSION MEETING MINUTES
JUNE 12 2007 3 00 P M
PRESENT:
R Forsey Chairman
w Thorman
M Wingard
R Langdon
W Few
R Balcerzak Alt
R Conrad
ALSO PRESENT
E Nenni & D. Seaman, Atty
ABSENT
D Kinyon Arrived part way through meeting but
did not participate
Chairman Forsey noted that Member Kinyon was absent and
appointed Member Balcerzak to act in his absence as a voting Member
Case#1 5859 SBL# 138.05-3-1, 5863 SBL# 138.05-3-2 S.
Transit Road and 6210 SBL# 138.05-3-3, 6216 SBL# 138.05-3-4
Hamm Road. McDonald' s Restaurant proposal Chrm. Forsey and
Atty Seaman submitted Resolutions to the Board for the SEQRA Negative Declaration Site Plan Approval and Special Use Permit
The Board discussed the Resolutions in general and decided to review each proposed Resolution at this meeting in detail. The Resolutions were reviewed line by line and some changes made
Motion made by Member Thorman and Seconded by Member Few to
approve the following Resolution:
RESOLUTION
An application having been submitted for Site Plan Review
and Special Use Permit by the applicant McDonald s USA LLC
and a Long Form Environmental Assessment Form having been
prepared and reviewed by the Planning Board and this Board
having considered the EAF and the supporting documents this
Board determines that it is the lead agency and that it is
further determined that for the reasons set forth in the
Negative Determination the proposed action will not have a
significant adverse affect on the environment and a Draft
Environmental Impact Statement will not be prepared and it is further resolved that the Negative Determination be incorporated into this Resolution in full to wit
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non Significance
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 State Environmental Quality Review Act SEQR of the Environmental Conservation Law
The Town of Lockport Plannino Board has determined that the proposed action described below will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared
Name of Action McDonald's Restaurant - SEQR Status Unlisted Action
Description of Action:
The proposed project is for the construction
of a new McDonald's Restaurant approximately 4,654 square feet located on the southeast corner of the intersection of Transit Road and Hamm Road in the Town of Lockport, NY.
Location 5859 and 5863 Transit Road and 6210 Hamm Road Town
of Lockport, New York.
Reasons Supporting This Determination:
During review of this project, the Town of Lockport
Plannina Board identified the relevant areas of environmental concern which are analyzed
below:
1 Impact on Land
The existing site is comprised of four separate parcels consisting of mixed residential and commercial uses The property is in the B i district and zoned for the proposed use There are no unique or unusual conditions on the site
Based on the above the Town of Lockport Planning Board concludes that the proposed development is complimentary with surrounding land uses is appropriate for the site and will not have a significant adverse impact
2 Impact on Water
The applicant proposes that the existing public water and sewage disposal facilities have adequate capacity to serve the project site Drainage design will include the use of underground storage tanks to meet NYS SPDES requirements
Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on groundwater surface water or the Town's water or sewer systems
3 Impact on Air
Air quality may be slightly impacted during the construction phase of the site development This will be limited to the duration of that phase ofthe project Because this use replaces an existing facility within one mile of the site the impact on air wilt not be increased to a noticeable extent Based on the above the Town of Lockport Planning Board concludes that the proposed
development will not have a significant negative impact on air quality in the area.
4 Impact on Plants and Animals
As the site is a previously developed location there is no indication of wetland areas or endangered plants and animals on the site Based on the above the Town of Lockport Planning Board concludes that the proposed
development will not have a significant negative impact on plants and animals in the area.
5 Impact on Agricultural Land Resources
The project site is in a previously developed commercial area Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on agricultural land resources.
6 Impact on Aesthetic Resources
The project site is in a previously developed commercial area There are no known aesthetic resources that would be impacted by this development The architecture of the development has been developed to provide a non obtrusive view and meet the Town's aesthetic requirements of
the eeOD Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on aesthetic resources.
7 Impact on Historic and Archaeological Resources
The project site is in a previously developed commercial area There are no known historic or archaeological resources that would be impacted by this development
Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on historic and archaeological
resources.
8 Impact on Open Space and Recreation
The project site is in a previously developed commercial area There are no open space or recreation areas in the immediate vicinity that would be impacted by this development. The project has integrated connections to the existing sidewalk system in the area. Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on open space and recreation.
9 Impact on Transportation
The project site is in a previously developed commercial area As such the site is located on a corner property of a three way unsignalized intersection Hamm Road and Transit Road Location of this site created concerns regarding traffic ingress and egress to the site. The applicant completed a Traffic Impact Study which accounted for site traffic and traffic produced by development in the area of the site After review by NYS DOT and the Town's consultants it was determined that the traffic impacts could be mitigated and limited to various times of the
day and week. Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on transportation.
10 lmpact on Energy
This project will not have an increase on the energy consumption in the Town due to the fact that a similar facility will be closed when this development is opened As a result the energy use will remain at a status quo level
Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on energy.
11 Noise and OdorImpact
The project site is in a previously developed commercial area and is surrounded by other commercial uses. During the construction phase there will be a temporary increase in noise limited to construction activities. Based on the above the Town of Lockport Planning Board concludes that the proposed development will not produce a long term negative noise and odor impact.
12 Impact on Public Health
The project site is in a previously developed commercial area. The site will require inspection and certification by the Niagara County and NYS Health Department before operation. Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on public health.
13 Impact on Growth and Character of Community or
Neighborhood
The project site is in a previously developed commercial area. The area is zoned commercial in the immediate area with several preexisting residential uses. This is a service restaurant and will provide a new eating establishment in the Town while closing an existing establishment. The use is already present in the Town
Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on growth and character of community or neighborhood.
14 Impact on Cultural Resources
The project site is in a previously developed commercial area which provides services to the community Cultural resources are located in other areas of the Town.
Based on the above the Town of Lockport Planning Board concludes that the proposed development will not have a significant negative impact on cultural resources.
The Town of Lockport Planning Board therefore concludes that the project will not adversely affect the natural resources of the State and or the health safety and welfare of the public and is consistent with social and economic consideration. In reaching this decision the Planning Board carefully considered all Criteria far Determination of Significance listed in the SEOR
Regulations 6 NYCRR 617 7
For Further Information,Contact Person:
Andrew C Reilly PE AICP,
Wendel Duchscherer Architects Engineers PC
140 John James Audubon Parkway Suite 201
Amherst New York 14228
Phone 716 688 0766
Fax 716 625 6825
Or
Gene Nenni Building Inspector
Town of Lockport
6200 Dysinger Road
Lockport NY 14094
Phone 716 439 9527
Vote 6 Ayes
1 Nay, R. Conrad
Carried
Motion made by Member Wingard and Seconded by Member Few to
approve the following Resolution
RESOLUTION
An application having been submitted by McDonald's USA
LLC for Site Plan Approval and a Special Use Permit to the
Planning Board for construction of a restaurant with drive thru facilities at 5859 and 5863 Transit Road and 6210 and 6216 Hamm Road, this Board having determined that the proposed project will not have a significant adverse affect on the environment and a Public Hearing having been held on the 15th day of May for both the Site Plan Approval and the Special Use Permit and all
persons having been heard who wish to be heard at said Public Hearing and this Board having reviewed the application and amendments and having also reviewed the comments submitted by the Town Planner as well as having reviewed the traffic study and having given due deliberation this Board makes the following findings regarding both the Site Plan Approval and the
Special Use Permit
SPECIAL USE PERMIT
1 The final plan is the plan dated the 31st day May,2007 is the plan being acted on
2 The application is complete in all respects and the
applicant has provided all requested information
3 This Board has taken into consideration the purposes
of Article XIX Special Use Permits and finds that the special use requested meet the criteria of that Article and has further considered the scale of the project for possible impact of the project on nearby properties and neighborhoods architectural aesthetics of the area and measures that will mitigate potential adverse impacts to enhance the character of the Town and the welfare of the citizens and finds pursuant to Section 200 137 A that except as set forth hereafter the project will
comply with all provisions of the requirements of this and all other local laws and regulations and will be in harmony with the purpose of the land use of the B 1 District and the Commercial Corridor Overlay District and with the general intent and purposes of the Special Use Permit chapter
4 The project will not be detrimental to adjacent uses
5 Based upon the traffic study submitted and the
analysis thereof by the Department of Transportation and the Town Engineer the Board finds that the project will not cause undue traffic congestion undue pedestrian safety or overload existing roads considering their current width servicing and condition, it will have appropriate parking and be accessible to fire police and other emergency vehicles
6 The project will not overload any public water
drainage or sewer systems or any other municipal facility or degrade any natural resources or ecosystem
7 The project will be suitable for the property upon
which it is located considering the property size location
typography vegetation soils and natural habitat as well as the proposed buffering and screening as established on the
application as revised
8 The project will not result in excessive odors dust
noise solid waste or glare creating any other nuisance and it will satisfy the general land use performance criteria of the Town Zoning Code.
9 The proposed use will not adversely affect the
aesthetics of the premises or adjacent properties and the
neighborhood
10 The proposed use will not cause the site to be unduly
congested dangerous unattractive to visitors or unfriendly to pedestrians. The Board further finds that any adverse affect caused by traffic movement has been mitigated to the extent possible by configuration on the site by utilization of two ingress and egress sites to the project on two different roads.
SITE PLAN APPROVAL
This Board finds that all required submittals have been
made by the applicant that sufficient time has been had to
review the site plan as revised the site plan being acted upon is the site plan dated the 31st day of May 2007 Due
consideration has been given to the issues raised at the Public Hearing relative to traffic aesthetics and other issues and this Board has reviewed and considered the applicant's traffic study the recommendations of the Town experts including the Town Planner and the Town Engineer who have reviewed the traffic study and finds that given the fact that the premises cannot be enlarged due to ownership of adjacent properties to provide greater width on Transit Road, the overall problem caused by the width of the property and the closeness of the entranceway to Hamm Road does not interfere with accepted traffic flow patterns as approved by experts in the area. This
Board further finds that except as set forth below the proposed site meets the criteria of the Town of Lockport Zoning Code.
The Planning Board further finds that:
1) The minimum lot width is less than required by the
commercial corridor overlay district as established pursuant to Section 200 94 0 of the Zoning Code 250 feet is required for a corner lot and the site is 174.75 feet frontage on Transit Road. The Board further finds that it is impossible to increase the size of the lot. Accordingly, pursuant to Section 200-93(C) this Board determines pursuant to evidence and documentation submitted by the developer that an extreme difficulty has been established which prohibits strict accordance to the frontage requirements of the Commercial Corridor Overlay District as set forth in the site development standards section Accordingly this Board hereby varies the
provisions set forth in said section and allows for development on the existing site having 174.75 feet of frontage.
2) The following criteria which are established by the
Commercial Corridor Overlay District cannot be met as
established pursuant to evidence submitted by the developer and that extreme difficulty has been established and this Planning Board hereby determines to vary those provisions and allow the lot coverage and set backs set forth in the revised proposed application i.e. (a) required greenspace is less than 10% required by the CCOD, 5.6% is allowed pursuant to variance that we are establishing;(b) required side parking setback (25 feet)
cannot be met because of the size of the lot this Board is
authorizing the proposed 4.5 feet and; (c) the distance of the proposed full access driveway onto Transit Road is less than 200 feet from the intersection is required by CCOD (220-94 (0) (11))and this Board varies said requirement due to the extreme difficulty caused by the width of the lot and authorizes a setback of 140 feet as established by the site plan which is before this Board.
3) Furthermore the required drive aisle width with 60
degree parking is less than required by the Town Code 200- 146(D)in that the Code requires a 23 foot driveway but the proposed is 18 feet. However, Section 200-147(A) provides that the Planning Board, when appropriate, may adjust parking requirements to accommodate a legally established shared parking agreements, or special situations. This Board finds that a special situation exists because the site plan proposes one way access for the portions of the interior driveway that will be 18 feet in width instead of 23 feet in width hereby adjusts the parking requirements established by Section 200-146(B) to allow the 18 foot driving lane.
Based upon the above findings and the variances as provided
by the CCOD provisions this Board does hereby approve the site plan as revised. The Board does not address the additional variances necessary for the site plan to proceed as proposed which must be obtained from the Zoning Board of Appeals i.e., a variance for open space the open space requirement of the CCOD could be varied by this Board but the open space requirement is also established by the B-1 District requirements, Section 200-68 which variance requirements cannot be addressed by this
Board, as well as the variance for signage which can only be addressed by the Zoning Board of Appeals This approval is further conditioned upon the applicant providing cross access to the premises to the south as depicted on the site plan at such time as the use of the premises to the south changes and ceases to be grandfathered, requiring the premises to the south to provide cross access to the premises which is the subject of this approval, and this approval is further conditioned upon the Applicant providing effective odor controlled dumpsters for the
project as approved by the Town Engineer.
This Board further approves the Special Use Permit for the
project conditioned on the applicant complying with the
conditions set forth in the Site Plan Approval.
Vote: 5 Ayes
2 Nays, R. Conrad and R. Langdon
Carried.
The Board reviewed the various projects which will be addressed at the regular meeting. No action taken.
Motion made to adjourned, seconded, carried.
© Copyright eLockport.com
Top of Page
|
|
| Planning Board Minutes - October 16, 2007 |
| Planning Board Minutes - October 2, 2007 |
| Planning Board Minutes - Sept. 18, 2007 |
| Planning Board Minutes - August 21, 2007 |
| Planning Board Minutes - June 19, 2007 |
| Planning Board Minutes - June 12, 2007 |
| Planning Board Minutes - May 15, 2007 |
| PLanning Board Minutes - May 8, 2007 |
| Planning Board Minutes - April 17, 2007 |
| PLanning Board Minutes - MArch 20, 2007 |
|
|
 |
