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Town Planning & Zoning
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Last Updated: Nov 26th, 2007 - 11:32:26 |
TOWN OF LOCKPORT
PLANNING BOARD MINUTES
OCTOBER 16, 2007
PRESENT:
Robert Langdon
Rodney Conrad
Walter Thorman
Morris Wingard
Robert Balcerzak, Appointed Alternate
Richard Forsey, Chairman
ALSO PRESENT: Eugene Nenni, Sr. Building Inspector
Robert Klavoon, Town Engineer
Dana Braun, Wendel Engineering
Daniel Seaman, Town Attorney
Jane Trombley, Secretary
ABSENT: William Few
David Kinyon
Chairman Forsey called the Planning Board meeting to order at 7:30 pm on October 16, 2007 and then led the Pledge of Allegiance.
Chairman Forsey appointed Alternate Member Balcerzak a full voting member due to absences this evening.
MOTION made by Member Thorman, seconded by Member Wingard to approve the September 18, 2007 minutes. 6 Ayes, 0 Nays, Carried.
Chairman Forsey announced that the Special Wal-Mart Project meeting that was scheduled for October 25, 2007 would need to be rescheduled.
CASE #1 6404 Robinson Road Extension - SBL #138.00-1-8- Robert Miller Construction, Owner South Town Storage Center - Site Plan Review - Construction of two storage buildings - Final Plot Approval. Glenn Miller presenting. Chairman Forsey stated Mr. Miller had received his variances from the Zoning Board of Appeals. Town Engineer Klavoon stated he recommends approval of the drainage plan that is in front of the Board this evening dated 6-26-07 as modified by 9-28-07 plan. Mr. Miller stated there will not be any exterior parking in the front of the new buildings and he is adding arborvitae in front and greenery to the west.
MOTION made by Member Balcerzak, seconded by Member Langdon to determine this is an unlisted action that will not have any significant adverse effects under SEQRA, and to approve the site plan of 6-26-07 as amplified by the landscaping modifications of 9-07 plan and additional details provided by the Building Department. 6 Ayes, 0 Nays, Carried.
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October 16, 2007
Page 2
CASE #2 Davison Road - SBL #123.00-1- Olmstead Center for Visually Impaired - Request to extend all local approvals. Time Extension to be determined by the Planning Board. Chairman Forsey stated everything has been previously approved and the extension is needed for them to receive grant money.
MOTION made by Member Langdon, seconded by Member Conrad to approve an extension of the site plan approval for Olmstead Center for the Visually Impaired for a period of one year from the expiration of the original approval period. 6 Ayes, 0 Nays, Carried.
CASE #3 6601 South Transit Road - SBL #152.01-2-12 & 6015 S. Transit Road SBL #152.03-1-1 - Ronald Mielke, Owner - Proposed Retail Sales/Recreational Rides. Eden Carriage Company. B2 Business Zoning, CCOD. Ronald Mielke and Brooke Stanley, Tenant, Presenting. Mr. Mielke stated he has a letter from Brad Shaeffer of the Army Corp. of Engineers stating they don’t have any jurisdiction over this project concerning the wetlands there. Town Engineer Klavoon stated he spoke with the DEC and they would like a submission of the plan for their review along with the connection to the property on Bartz Road as they are not clear where the wetlands fall and a permit may be needed. Town Engineer Klavoon stated it is his recommendation that Mr. Mielke speak with the DEC and stated Mr. Mielke will also need to get a stamped plan to the Board.
Member Wingard asked what changes had been made since the previous presentation and Mr. Mielke stated some lighting has been added. Mr. Mielke stated all the lights are Mercury, put in and maintained by NYSEG keeping the parking lot very well lit. Mr. Mielke stated the primary parking lot has 205 spaces and there are 200 spaces in the overflow seasonal parking lot. An area in front of ABC has been roped off to walk in and another area will be for bus drop off. Mr. Mielke stated the main entrance will be marked on the plan, so in case an emergency vehicle needs to enter, there won’t be any confusion.
Member Wingard stated he felt a walkway by the parking lot would be a good idea and asked how big the pond is. Mr. Mielke stated about 50' across. Member Wingard asked if anything drains into it and Mr. Mielke stated no, it drains out through a ditch and trees to the back of the property. Mr. Mielke stated the Town dug the ditches about 5 years ago and tied them in together. The ditch runs between the properties and where the seasonal parking will be. Mr. Mielke stated the ditch is covered from near ABC to Transit Road with 1’ tile, and from ABC back, it is open. Mr. Mielke stated the ditch is about 5 to 6' deep and 6' across with a swale and some of the front drains to Transit Road and the back goes behind the drive-in.
Ms. Braun asked what the hours of operation will be. Mr. Mielke stated 8 am to 8 pm weekdays and weekends.
Member Conrad stated if the DEC will look at the delineation of the wetlands in
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October 16, 2007
Page 3
the next 2 to 3 weeks, he would hate to see the project held up, especially since
they aren’t doing anything to disturb the area. Mr. Stanley stated Kevin Williams of the Farm Bureau told him because it is agricultural, he could pasture horses there. Member Conrad noted that we need something in writing to make the determination.
Attorney Seaman stated we don’t know what is out there and we need plans to act on that show the project in its entirety.
Chairman Forsey asked if they know where the horse trails will be and Mr. Mielke stated they are shown on the map where the old road was, graded and with ditches on either side as well as two street lights. Mr. Mielke pointed out the route where there is a trail that has been used for many years to connect to the road. Mr. Mielke noted that the horse trails are currently being used by Mr. Stanley from his property.
Mr. Mielke stated as soon as they get approval he will add a cupola to the barn and he has had some stone brought in.
Attorney Seaman stated site plan approval calls for an architectural or stamp plan before approval, wetland and drainage plans and SEQRA needs to be addressed, but due to the seasonal urgency, temporary approval might be considered by the Board, however there is no provision in the code authorizing a temporary approval. Mr. Seaman expressed concern that the applicants may feel the Board needs to allow the activity to continue because they have spent money on the project.
Mr. Mielke stated he doesn’t mind putting money into the building and taking a chance on the approval as it will increase the property value. Mr. Mielke said he will understand there is no right to expect the Board to extend the approval or grant permanent approval.
Town Engineer Klavoon stated restroom locations need to be put on the plan.
Member Conrad asked Mr. Mielke what he would do over the next 6 months to get the site ready and Mr. Mielke stated there isn’t anything he would need to do, but he would put up a cupola, a new facade and a weathervane on the barn. Mr. Mielke stated he could do the horse rides on ABC’s main property as well as sell pumpkins, Christmas trees, wreaths, etc., and house the horses in his existing barn for now without changing anything and have Mr. Stanley be his tenant as Mr. Stanley is already fully insured.
Ms. Braun noted that outdoor seasonal sales are also restricted and the two non-conforming lots in the front will need to be addressed with combining lots.
Member Langdon asked where the corn maze would be and Mr. Mielke stated on
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October 16, 2007
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Mr. Stanley’s property and you would take the trail on the hayride to get there.
Attorney Seaman noted some of the CCOD requirements are a paved parking lot and a main building needs to be 75' to 100' from the highway plus there are many other CCOD requirements that are not met as well as other Zoning and site plan issues..
Member Conrad stated he feels projects should conform, but this is outside the norm as they are not altering the barn or anything else and feels if they can do it without altering, they should be allowed to do so.
Attorney Seaman noted they cannot operate without the Board’s approval.
MOTION made by Member Conrad, seconded by Member Balcerzak to grant temporary approval for Ronald Mielke, Owner, and Brooke Stanley, Tenant, at 6601 S. Transit Road and 6015 S. Transit Road to operate hayrides, sleigh rides, horse back riding, Christmas tree sales, seasonal sales of wreaths, pumpkins, etc., with parking to be provided on existing parking lot at ABC facility with no ingress or egress other than ABC and no activity within 300' of Transit Road, operating between the hours of 8 am and 8 pm. This approval will expire March 31, 2008. 6 Ayes, 0 Nays, Carried.
MOTION made by Member Thorman, seconded by Member Langdon to postpone the October 25, 2007 previously scheduled special Wal-Mart meeting to a later date, but as soon as feasible. 6 Ayes, 0 Nays, Carried.
MOTION made by Member Langdon, seconded by Member Conrad to adjourn at 8:35 pm. 6 Ayes, 0 Nays, Carried.
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| 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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