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Town Planning & Zoning
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Last Updated: Nov 21st, 2007 - 11:37:43 |
TOWN OF LOCKPORT
PLANNING BOARD SPECIAL MEETING MINUTES
WAL-MART PUBLIC HEARING
October 2, 2007
PRESENT: Robert Langdon
William Few
Rodney Conrad
Walter Thorman
David Kinyon
Morris Wingard
Robert Balcerzak, Alternate
Richard Forsey, Chairman
ALSO PRESENT: Drew Reilly, Town Planner
Rebecca Wightman, Wendel Engineering
Daniel Seaman, Attorney
Jane Trombley, Secretary
Chairman Forsey called the Planning Board Special Wal-Mart meeting to order at 7:00 pm October 2, 2007 and then led the Pledge of Allegiance.
Member Conrad stated Bill Snelgrove, who frequently attended Town meetings, including Planning Board meetings, had passed away this week and he would like to extend the Board’s condolences to the Snelgrove family.
Chairman Forsey stated this is a Public Hearing on the Wal-Mart Superstore site plan and variance requests. Chairman Forsey reviewed the Public Hearing rules including addressing comments to the Board, stating your name and address, and a request to limit comments to 5 minutes or less. Leslie Senglaub, attorney for Wal-Mart and Todd Marcovitch, of APD Engineering presenting.
Ms. Senglaub stated that the waivers are requested CCOD standards and due to the subdivision of the property and the pre-existing building with 6 variances being required by Wal-Mart and 6 variances by Lockport LLC. Two letters outlining the requests dated September 18 were provided to the Board on September 18 outlining the requested waivers and variance requested for Lockport LLC and Wal-Mart Stores, Inc.
Mr. Marcovitch stated the property includes the existing Bon-Ton Building, the plaza and three outbuildings where they would construct a 185,000 square foot building and buildings over 120,00 square feet need a special use permit. Mr. Marcovitch stated the plans call for a courtyard with picnic tables and landscaping as well as a Tower that will be the focus of the Plaza with additional parking and handicapped spaces added as well as planters.
Chairman Forsey asked for Public Comment.
Norman C. Wilson of 6773 Rapids Road stated he has appeared previously with his issues and he understands that this is to be the last Public Hearing and feels it is the time to bring up some of the facts that have been presented over the past three years. Mr. Wilson stated that in
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1990 Wal-Mart had only 9 Supercenters in the United States and by 2000 they had 88 and are still growing. Mr. Wilson feels Wal-Mart affects how we shop, live and think and that they are the #1 grocery retailer in the world. Mr. Wilson stated we already have a Wal-Mart, we don’t need a bigger one and the older people get tired walking around in them. Mr. Wilson further stated that people think Wal-Mart will create new jobs, employing 400+ people when really they already employ about that many and are only going to add about 50 or 60 more jobs to run their meat and grocery department. Mr. Wilson further stated some people think we need more competition for Tops, when really we already have competition with Aldi’s, Sav-A-Lot, Quality and Wegman’s nearby. Mr. Wilson further stated that new zoning laws were recently passed to better control growth, but what good are they, if they aren’t enforced and he doesn’t want the Board to grant waivers every time they are asked. Mr. Wilson stated Town Supervisor Mark Smith is stressing building up the Transit Corridor with many new businesses, why not put them in the present mall to bring it back to life and not tear it down. Mr. Wilson also stated Wal-Mart is seeking a waiver to not put up a small 5’ of landscape around the building as required by the CCOD, and is blaming the Planning Board as the one who doesn’t want it and this wouldn’t be a problem if the building wasn’t too big for the lot. Mr. Wilson’s written statement received as “Exhibit A – October 2.”
Terri Emmert of 6358 Badger Drive stated that the CCOD that the Town of Lockport adopted a few years ago states one of its purposes is to protect property values, adjacent land uses and the community character. Ms. Emmert stated the extreme hardships are self-created and would be taken care of by a bigger lot. Ms. Emmert asked the Planning Board to please not approve this proposal. Ms. Emmert’s written statement received as “Exhibit B – October 2.”
Charlene Porteus of 6362 Badger Drive stated she is a Town resident and said she is concerned about development in the Town. Ms. Porteus stated the number of variances is a good indicator that the project doesn’t fit the site. Ms. Porteus stated 25% windows are required and Wal-Mart is proposing 10% facing Transit Road and 3.5% facing Shimer Drive, which is a variance of about 15% and 21.5% , most of which are fake and they are calling it an extreme hardship. Ms. Porteus stated this is not what the Town envisioned and even the Wal-Mart engineer described the 18 acre site as smaller than what is normally required. Ms. Porteus stated some of the services such as an outdoor garden area, gas station, and drive thru pharmacy have been eliminated that we need for a true Super Wal-Mart that the Town would welcome, if the site was large enough. Ms. Porteus written statement received as “Exhibit C – October 2.”
Joan Grigg of 6387 Badger Drive stated there is no possible manner that this project constitutes an extreme difficulty as every waiver is self-created. Ms. Grigg stated Wal-Mart has built many stores with groceries of a smaller size, all across the country. Ms. Grigg stated Wal-Mart’s refusal to comply with architectural standards and open space mandates is not an extreme hardship and will cause considerable harm particularly the impact on the residential neighborhoods from traffic, noise and air pollution and the Board should not grant any waivers. Ms. Grigg’s written statement received as “Exhibit D – October 2.”
Tom Walker of 5738 Locust Street Ext. stated that only allowing one access will make it safer and the Town made Home Depot stick to the rule and add a service road, so why should Wal-Mart
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be treated differently. Mr. Walker stated Amherst and Clarence have this requirement also and this is a result of putting the store on too small of a lot. Mr. Walker stated the traffic study showed a failing grade and felt the Board should do a new study to include the changes that have occurred since the last study was done.
Tom Chambers of 6259 Dorchester Road stated this is too big of a project in a small area and will cause additional traffic.
Lloyd Marshall Jr. of 6347 Robinson Road stated he has concerns over access to choice. Mr. Marshall stated with the Lockport Mall vacant and without anything of value, and with the price of gas it is his contention that with the Super Wal-Mart he has concerns of space, but it is better to have something adding to the coffers rather than leaving the property vacant. Mr. Marshall stated he feels Transit & Robinson Road where there is vacant land would be a better choice and the empty building could then be used for Wegmann’s or something.
Joanne Woodside of 6223 Corwin Road stated Wal-Mart blamed the Planning Board for not meeting the requirements and the claim of extreme difficulty should be looked at, what was the intent, to make businesses conform or to just say okay. Ms. Woodside states for the past 3 years we have been looking at 40+ variances that are now down to 27. Ms. Woodside stated no matter how you dress this up, it is still an ugly duckling and the truth is, if the lot was the right size, there would be plenty of room and the applicant is refusing to reduce the size. Ms. Woodside stated the problems have not been addressed including the wall on the north side of the property. Ms. Woodside’s written comments received as “Exhibit E – October 2.”
Dorothy Stockton of 6278 Dorchester Road stated she has lived in her home for 55 years and feels she knows the land quite well. Ms. Stockton stated for the past 3 ½ years since they have heard that the Mall would be replaced by a Super Wal-Mart, she and her neighbors and friends have been concerned and have not enjoyed the process. Ms. Stockton stated she has been reading two letters sent to the Planning Board from Bon-Ton and Wal-Mart attorneys regarding installing screening to the rooftop that would result in significant cost and structural problems, nothing that would be extreme or difficulty about this issue. Ms. Stockton stated she would also like to criticize Wal-Mart for sending out mailings with false information that had a picture of the old K-Mart on it, not the Mall. Ms. Stockton doesn’t feel the Boards are enforcing their laws or standing by them and are happy to consider variances. Ms. Stockton stated this lot is too small and there will be inevitable traffic problems, let your conscious be your guide and vote no. Ms. Stockton’s written comments received as “Exhibit F – October 2.”
Norman Pearson of 4822 Cambridge Drive stated there are pluses of the water system and sidewalks and feels there is a potential for increased school taxes. Mr. Pearson stated we should get the building complete and get a new building with full assessment to help reduce everyone’s taxes.
Micki Magno of 6295 Badger Drive stated the CCOD and B2 zoning both require maximum setback of 100’ from Transit Road and the 766’ setback from Transit Road is extreme with no regard to our zoning intent and feels it should be even with, a little in front or a little behind, Bon-Ton and this would greatly reduce the number of feet for the variance and the acres of
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parking in the front is the direct opposite of the Zoning requirements. Ms. Magno felt splitting the parking spaces would alleviate some of the issues and help to reduce the variance needed for the front setback. Ms. Magno stated this is 7.66 times the maximum variance, is self-created and a very substantial problem. Ms. Magno stated Town Supervisor Smith said he is interested in attempts to incorporate good design with good business and she feels this site would be good for that type of use. Ms. Magno further stated 18 acres is too small for a Super Wal-Mart, most are on 30 acres or more allowing space for things like a pharmacy drive thru, gas station, garden store, etc. and the neighborhood will be subjected to excessive traffic, noise and lights with a 24 hour operation and feels we should help them find the right site. Ms. Magno further asked how long before the new store will go dark if they don’t have all their parts and pieces. Ms. Magno’s written comments received as “Exhibit G – October 2.”
Kristin Badger-Bach who owns property at 6303 Badger Drive North stated she is a commercial real estate broker and would be willing to do strategic planning for what could be done at the site. Ms. Badger-Bach stated she feels the Planning Board should demand the project be downsized to fit the site or turned away. Ms. Badger-Bach stated we have every right to expect something wonderful at this site and she will be glad to come and help. Ms. Badger-Bach’s written comments received as “Exhibit H – October 2.”
Joyce Kowalik of 3926 Lockport-Olcott Road stated Wal-Mart is a way of life and people just need to get used to it and she would like to see the Super Wal-Mart built with everything as it is great for the consumer. Ms. Kowalik noted if you have a problem when you are traveling with something purchased from Wal-Mart, they will service it in whatever part of the country you’re in.
Albert DeChambeau of 6489 Wicks Road stated he appreciates the Board’s effort for civic responsibility. Mr. DeChambeau stated he is a pro-business, single male shopper who likes getting everything all at once and likes the Wal-Mart way of shopping and doesn’t feel 50 families should speak for everyone and feels Wal-Mart would be a good neighbor.
Robert Harlock of 6258 Shimer Drive stated looking at the map he didn’t understand a single access to the main road. Mr. Harlock stated he moved here in 1951 and feels his quality of life has gone down and would like the Board to consider the traffic flow east of Shimer Drive that will be going across his lawn with semi’s. Mr. Harlock stated the map shows the main entrance at Shimer and Snyder and he thought it was supposed to be by First Niagara Bank and wants the Board to consider the traffic flow.
Donna Pieszala of 6643 Heather Drive stated she has researched New York State law and they supercede Town laws and state all requests for variances should be heard by the Zoning Board of Appeals and the Planning Board should not attempt to issue waivers. Ms. Pieszala stated the residents in opposition outnumber 2 to 1 those in favor.
Christopher Rowell of 6125 Raymond Hill Road stated he in an over the road driver and Wal-Mart doesn’t allow tractor trailers to idle on their property and are working to switch their trucks over to electric to cut down on noise pollution. Mr. Rowell also stated Wal-Mart doesn’t want truck traffic mingling with cars as this creates a safety issue and they also don’t allow trucks
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after midnight and also stated they won’t allow idling trailers along the retaining wall as that is Wal-Mart policy. Mr. Rowell also stated something needs to be done with this property.
Fran Klumpp of 6400 O’Connor Drive stated the mall is disgusting and doesn’t understand why we haven’t gotten something in there as in Amherst there are $300,000 homes behind the Target and feels Lockport needs to grow.
Emma Cavalieri of 11 Van Buren Street stated she believes in Wal-Mart and stated she has previously worked there. Ms. Cavalieri stated there are $300,000 homes behind the Wal-Mart in Ohio also.
Dave Seeger, lawyer for Lockport Citizens for Smart Growth handed out pamphlets to the Board members containing applications for subdivision, special use permit, site plan approvals and extreme difficulty waivers outlined, received as “Exhibit I – October 2.” Mr. Seeger stated he would like to reiterate the general rule is the only Board within the Town allowed to grant variances is the Zoning Board of Appeals and is in strong disagreement that Wal-Mart doesn’t need a variance if it gets an extreme difficulty waiver from the Planning Board. Mr. Seeger stated the two entrances on Shimer Drive are approximately 300’ apart and the through traffic on Shimer Drive is going to use the same lane as the traffic on Shimer Drive which is unsafe. Mr. Seeger stated it is the same on Transit Road, there are two through lanes and the traffic turning right would be turning into a through lane. Mr. Seeger also stated it is false that the storm water management system complies with the State standards.
Edward Cain of 7093 Fieldcrest Drive stated it is “show time”, let’s get this done.
Osee Walcott of 5876 Marion Avenue stated there are traffic hazards and questioned how many accidents have happened at the Shimer access by Heinrich and stated there will be too much noise in the new parking lot. Mr. Walcott also questioned how much increased traffic there was on Hamm Road when the new Tops went in. Mr. Walcott stated there is too much traffic there all day and he has been to Wal-Mart stores in Oklahoma and Georgia where only the grocery portion of the store is open 24 hours.
Jim Garlock of 6318 Shimer Drive stated he defends Wal-Mart’s right to build but feels it needs to be on the right site and this is not the right site as there are too many issues with it. Mr. Garlock felt the area by Fieldstone Restaurant would be better as it would have access to the by-pass and Robinson Road, thereby keeping some of the traffic off Transit Road. Mr. Garlock feels there will be constant stopping and starting and feels the planning needs to be done better.
Kristen Prabucki of 55 Independence Drive stated she is an 18 year old senior at Lockport High and she and her friends support a Super Wal-Mart. Ms. Prabucki stated she represents the younger generation and plans to stay in the area and feels more competition is good for the economy. Ms. Prabucki stated she finds Wal-Mart to be a friendly environment and feels breaking the rules would be of more benefit to the area than negatively affect it. Ms. Prabaucki stated she drives all over and doesn’t feel the traffic is going to be greater.
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Adele Williams of the Village Mobile Park stated she lived behind the Home Depot when it was being built and stated the noise and fumes were just awful all the time, and drove her from her home. Ms. Williams stated it wasn’t just the trucks but the snowplows and fork lifts also.
Letter from Terri Emmert dated 8-28-07 handed in with the request that it be made part of the Public Hearing exhibit. Ms. Emmert’s letter received as “Exhibit J – October 2.”
Hearing no further comments, Chairman Forsey closed the Public Hearing on the Super Wal-Mart.
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| Planning Board Minutes - June 12, 2007 |
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