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Town Planning & Zoning
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Last Updated: Nov 21st, 2007 - 10:01:33 |
TOWN OF LOCKPORT
PLANNING BOARD MEETING MINUTES
August 21 2007
PRESENT Robert Langdon
William Few
Rodney Conrad
Walter Thorman
David Kinyon
Morris Wingard
Robert Balcerzak Alternate
Richard Forsey Chairman
ALSO PRESENT:
Eugene Nenni Sr Building Inspector
Robert K1avoon Town Engineer
Drew Reilly Town Planner
Daniel Seaman Attorney
Jane Trombley Secretary
Chairman Forsey called the Planning Board meeting to order at 7:30 pm on August 21,2007 and led the Pledge of Allegiance
MOTION made by Member Few seconded by Member Langdon to approve the July 17, 2007 minutes. 7 Ayes ,0 Nays. Carried.
CASE#1- 6480 Akron Road SBL 123 02 1 36 11 Donald Marfurt Owner
PUBLIC HEARING Bisse1 Stone Associates Proposed Subdivision
Rl Zoning Chairman Forsey asked for Public Comment Hearing none Chairman Forsey closed the Public Hearing Town Engineer K1avoon stated the Public Works final drainage calculation has been received from the New York State DEC and the SEQRA long form had been submitted and reviewed and there is no objection to the Town Planning Board being
the lead agency
MOTION made by Member Langdon seconded by Member Few to name the Town of Lockport Planning Board the lead agency determine the project is an unlisted action under SEQRA as it will not have a significant adverse effect on the environment. 7 Ayes, 0 Nays, Carried.
MOTION made by Member Conrad seconded by Member Wingard to
grant preliminary subdivision approval to Donald Marfurt for 6480 Akron Road. 7 Ayes, 0 Nays, Carried.
CASE#2- 6404 Robinson Road Extension SBL 138 00 1 8 Miller
Development Owner Proposed construction oftwo 30 x 200 mini
storage units adjoining existing site Glenn Miller presenting for a special use permit. Mr Miller stated the facility has been added onto over the years. Chairman Forsey stated the Public Hearing remains open
Planning Board Meeting
August 21 2007
Page 2
Member Langdon asked if this property is part of his existing property Mr Miller stated he didn tacquire any he has had it for years but this part ofthe property had not been previously addressed and it is a separate parcel.
Chairman Forsey stated this project doesn tmeet the CCOD requirements Mr Miller stated it is tough to comply as the green space and windows are not applicable for storage units. Chairman Forsey asked if outdoor storage is proposed and Mr Miller stated yes Chairman Forsey stated it is not allowed Attorney Seaman stated outdoor storage in aB2 business zone requires storage to be set back at least 300 from the road it s not a CCOD requirement it is a zoning and special use requirement. Alternate Balcerzak asked if there will be retail sales and Mr Miller stated
no retail sales provides spaces not sales Attorney Seaman stated a retail storage facility is allowed in the CCOD but not outdoor storage Town Planner Reilly stated it could be called a Public mini storage Member Wingard stated CCOD requirements create a problem sometimes
but two B2 requirements are not being met as well as nine CCOD requirements. Hearing no Public Comment Chairman Forsey closed the Public Hearing. Member Conrad asked if the storage area in the rear could be shortened
Mr Miller stated yes it can be shortened but the mobile home park is there and it is fenced in in the rear
Town Planner Reilly asked if it could be done without the outdoor storage and Mr Miller stated yes
Town Planner Reilly noted that Mr Miller would need to apply for 2 variances with the Zoning Board of Appeals Attorney Seaman advised that zoning variances are pending
MOTION made by Member Conrad, seconded by Member Kinyon, to
grant site plan approval to Miller Development to construct two 30 x 200 mini storage units.
Town Engineer Klavoon stated adrainage plan should be provided to make sure it conforms as it is apaved area Mr Miller asked if the Board knew about the ditch that runs through and was told no. Motion withdrawn by Member Conrad.
Planning Board Meeting
August 21 2007
Page 3
Project tabled until an engineering report is received.
CASE#3 - 6115 Robinson Road Extension SBL 138 09 1 2 11 Auto Specialties -David Mongielo Site Review Proposed to convert old NAPA site to Auto Specialties Trim Repair Business B2 Business Zoning 5460 square foot building. Tabled at work session.
CASE#4- 5355 Junction Road SBL 122 00 1 2 Grand Island Transit Corp Owner RTW Properties Calamar Developers Site Plan Review 239M Niagara County Referral Proposed Construction of 4,800 square foot training facility expanding existing parking area Industrial Zoning.
Don Swanson of Apex Consulting presenting. Mr Swanson
stated the plans were submitted to the engineering department and the County approval was received yesterday.
Town Engineer Klavoon stated the plan was submitted by Apex and the engineering department recommends approval of the plans dated 8/16/07. Engineering 8/17/07 Site Plan as the drainage and water line calculations were all addressed and the physical site plan didn't change.
Member Thorman noted the State would have to approve the curb cut. MOTION made by Member Conrad, seconded by Member Few, to waive the Public Hearing designate the Town of Lockport Planning Board as the lead agency and determine that this an unlisted action under SEQRA and that there will not be any significant adverse effect on the environment. 7 Ayes, 0 Nays, Carried.
MOTION made by Member Thorman, seconded by Member Langdon, to approve the site plan as set forth in the 8/16/06 Engineering plan and the 8/17/07 Site Plan. 7 Ayes, 0 Nays, Carried.
CASE#5- 5970 S Transit Road SBL 122 00 2 9 12 Papke Owner Faery's Nursery- Glynn Associates Site Plan Review- Proposed Construction of 63 x 70 Greenhouse Expansion overrear Outdoor Display Area - B2 Business Zoning.
Mark Glynn of Glynn Geotechnical Group presenting. Mr Glynn stated Faery's would like to construct a
covered building over aportion ofthe sales site. Mr Glynn stated some of the CCOD requirements cause a hardship to meet and were addressed in a memorandum dated 8/7/07.
Attorney Seaman stated that at the work session it was noted that the issues are CCOD not B2 issues and if the applicant has significant difficulty meeting the requirements with sufficient evidence the CCOD
requirements may be waived by the Planning Board.
Chairman Forsey asked if anyone had questions on the memo
Planning Board Meeting
August 21 2007
Page 4
Town Planner Reilly stated the only recommendation they had was if the parking could be moved from the front and it would not work out on the site.
MOTION made by Member Wingard, seconded by Member Langdon, to waive the CCOD requirements based on extreme difficulty to meet the criteria as evidenced by the memo submitted by Glynn Geotechnical. 7 Ayes, 0 Nays, Carried.
MOTION made by Member Langdon, seconded by Member Kinyon, to determine this is an unlisted action under SEQRA and to determine that the Planning Board is the lead agency and that the action as proposed will not have a significant adverse effect on the environment and further to waive the Public Hearing. 7 Ayes, 0 Nays, Carried.
MOTION made by Member Conrad, seconded by Member Few, to
approve the site plan for Faery's Nursery at 5970 S. Transit Road. 7 Ayes,0 Nays, Carried.
CASE#6- 100 Davison 4901 Davison Road SBL 110 00 1 22 1 Social Service Niagara County Site Review Proposed property division of 16 92 acres between City/Town Rl residential zoning- 2 lot subdivision -Richard Eakin representing Niagara County presenting. Mr Eakin stated they are just selling a portion of the property and it has
already been approved by the City and County. Mr Eakin also stated the City Planning Board would like the Town to annex their portion of the property to the City. Attorney Seaman stated annexation is not simple and not freely consented to and further that the City Planning Board did
not have any authority on that issue. He further indicated that he would not recommend annexation to the Town Board. Attorney Seaman asked if the Town Engineer is satisfied that the water/sewer drainage and infrastructure are all okay. Town Engineer Klavoon stated he doesn't have that information. Mr Eakin stated they are all taken care of by the City and Potter's field will stay with the County. Town Planner Reilly stated if they want to expand into the Town they wouldn't meet the requirements. Mr Eakin stated the property is being bought by a church and the County will have easements to get to the back.
Attorney Seaman asked if they have a contract. Mr Eakin stated yes a sales contract and they are working out the easements after they make sure they can sell the property but full access will be available for necessities
and the transfer has already been approved by the County. Mr Seaman noted that the County will have been divided into three parcels after this approval. He advised that he would likely recommend against further subdivision without a subdivision plat addressing drainage, utilities etc.
Planning Board Meeting
August 21 2007
Page 5
MOTION made by Member Kinyon,seconded by Member Few, to
approve the property division at 100 Davison Road 4901 Davison Road conditional on obtaining easements of the plan dated August 21,2007 and received as Exhibit A. 6 Ayes, 1 Nay-Member Conrad. Carried.
CASE#7- 6666 Crosby Road SBL 152 02 1 5 Joseph Enzinna Presenter - Site Review Proposed construction of a pond on 16 7 acres - Agricultural Residential Zoning
Article XXII Section 200 161 Requires Planning Board approval. Mark Glynn of Glynn Technologies presenting.
Mr Glynn stated they have completed the Engineering report
requested by Town Engineer Klavoon addressing the various safety issues the location ofthe stockpiles responded to the elevation of homes and did a letter of intent and are here to get approval on the pond. Town Planner Reilly stated the zoning and setbacks are met. Town Engineer Klavoon stated the necessary work has been completed
and is set for site plan approval. Member Wingard stated the 600 elevation is below road level as the roads
are 600 to 602 Mr Glynn stated the soil out of the pond will be used to build up in the area. Town Building Inspector Nenni stated the drainage plan will be followed by Town Engineer Klavoon as they progress. Mr Glynn noted it is rare to have 15 grade level changes in the Town.
Member Wingard asked if there will be enough to fill in from the pond and Mr Glynn stated they probably will need a couple of loads of dirt. Mr Glynn stated the recreational pond is a private pond for the homeowners.
Member Wingard asked how much frontage there is left on Robinson Road and Town Planner Reilly stated roughly 67 not 100 needed for a building lot. Alternate Member Balcerzak asked when the boring was done did you
reach rock. Mr Glynn stated he believes yes. Member Balcerzak asked if there were any springs and Mr Glynn stated no very small chance of any. Town Engineer Klavoon stated rock refusal was at 24 feet. MOTION made by Member Wingard, seconded by Member Langdon, to waive the Public Hearing. 7 Ayes, 0 Nays, Carried.
MOTION made by Member Wingard seconded by Member Few to
declare the Town of Lockport Planning Board as the lead agency and determine from the EAF short form this is an unlisted action under SEQRA and will cause no adverse effects on the environment. 7 Ayes, 0 Nays, Carried.
Planning Board Meeting
August 21 2007
Page 6
MOTION made by Member Langdon,seconded by Member Kinyon, to
approve the site plan for the pond at 6666 Crosby Road. 7 Ayes,0 Nays,Carried.
CASE#8- 5737 S. Transit Road SBL 123 13 3 2 2 A Wal Mart Proposal to reinstate Special Use permit process. Also amend language in findings statement - Leslie Senglaub, attorney for Wal Mart, presenting. Ms Senglaub on behalf of Wal Mart is requesting that Wal Mart retain control of the current Wal Mart property, instead of General Growth as
originally stated.
RESOLUTION OF THE TOWN OF LOCKPORT PLANNING BOARD
AUGUST 21, 2007
WAL MART SUPERCENTER AMENDMENT OF SEQRA FINDINGS STATEMENT
WHEREAS, Wal Mart Real Estate Business Trust Wal Mart has proposed to construct and operate aWal Mart Supercenter at the former Lockport Mall property on Transit
Road in the Town of Lockport, Niagara County, New York the Wal Mart Project and
WHEREAS, on January 3,2006, the Planning Board issued a Findings Statement approving the Wal Mart Project in compliance with all applicable regulations ofthe New York
State Environmental Quality Review Act SEQRA and
WHEREAS, the January 3 2006 Findings Statement contained language stating that the Lockport Mall s current owner General Growth would assume Wal Mart s lease at Wal Mart s
present location and actively market the current Wal Mart site and
WHEREAS, Wal Mart has advised the Planning Board that Wal Mart will now retain responsibility for its lease obligations at the current Wal Mart site and actively market the same
NOW THEREFORE BE IT RESOLVED that the Planning Board as SEQRA Lead Agency hereby amends the January 3, 2006 SEQRA Findings Statement for the Wal Mart Project to reflect the above referenced change in responsibility for the current Wal Mart site and
BE IT FURTHER RESOLVED that the applicant is hereby directed to circulate the SEQRA Findings Statement as required by applicable regulations.
Motion made by Member William, Few Seconded by Member Robert Langdon, Vote 7 For, 0 Against.
Planning Board Meeting
August 21 2007
Page 7
The above Resolution was duly adopted on August 21,2007 by the Town of Lockport Planning Board,Richard Forsey Chairman.
CASE#9 - Raymond Road SBL 138 00 2 26 1 Westcott Estates - Leann Voigt of Greenman Pedersen presenting. Recommendation for recreational fee Draft was sent out in January and under Town Law 774B requires a park or parks in a development and if none an $800 per lot fee is
assessed. SEQRA is done. The easement the Board was concerned about has been executed by the owner of the property for drainage easement and has been obtained and will go to the Town to be maintained. Town Engineer Klavoon stated from an engineering perspective everything is done.
MOTION made by Member Langdon, seconded by Member Thorman, to pass the following resolution:
TOWN OF LOCKPORT RESOLUTION
WHEREAS, CLF DEVELOPMENT, LLC submitted a proposed
subdivision for the Town of Lockport which will cause the
additional construction of 71 single family homes known as the Westcott Estates Subdivision and
WHEREAS, pursuant to Section 165 13 of the subdivision
regulations and Town Code 90 6 and Town Law Section 277 4,
the Town Planning Board has caused the Town Planner Andrew C. Reilly,PE, AICP to study whether a proper case exists for requiring a park or parks and
WHEREAS, Andrew C Reilly has submitted a memorandum dated
August 21,2007 to the Town Planning Board containing the
findings of the study conducted by the Planner and
WHEREAS, the memorandum is attached to these minutes and
made a part hereof
NOW THEREFORE the Board makes the following findings:
The Board adopts the memorandum of the Town Planner in its
entirety and the recommendations contained therein as the
findings of this Board and finds pursuant to Town Law
Planning Board Meeting
August 21 2007
Page 8
Section 277 4 b that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such subdivision plat and further finds it necessary to charge fees to the developer of this new residential subdivision because the developer cannot provide
suitable and appropriate lands for development of parks and
recreational lands within the subdivision and further finds that the assessment of fees as established by the Town Board in the amount of $800.00 per lot so that the Town can fiscally plan for the recreational needs of the residents of the new subdivision and residential sites in order to ameliorate the additional strain the new residents place upon the park and recreational facilities of the Town shall be paid by the developer to the
Town of be deposited and used as required by Town Law Section 277 4 c. 7 Ayes, 0 Nays, Carried.
MOTION made by Member Conrad,seconded by Member Thorman, to
approve the final plot with the condition that prior to construction five complete sets of final drawings must be submitted to the Building Department. In addition, one set of reproducible mylars and a CD containing the design files in AutoCAD format to the Building Department, 7 Ayes, 0 Nays, Carried.
MOTION made by Member Thorman, seconded by Member Langdon, to adjourn at 8:45 pm. 7 Ayes, 0 Nays, Carried.
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| 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 |
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