Town Planning & Zoning
Planning Board Minutes - May 15, 2007
By
Jun 20, 2007, 11:52

TOWN OF LOCKPORT
PLANNING BOARD MEETING MINUTES
May 15,2007

PRESENT:
Walter Thorman
William Few
Rodney Conrad
David Kinyon
Morris Wingard
Richard Forsey Chairman
Robert Balcerzak Appointed Alternate

ALSO PRESENT:
Eugene Nenni Sr Building Inspector
Rob Klavoon Town Engineer
Drew Reilly Town Planner
Daniel Seaman Attorney
Jane Trombley Secretary

ABSENT: Robert Langdon

The Town of Lockport Planning Board meeting was called to order at 7:30pm by Chairman Forsey who then led the Pledge of Allegiance.

Chairman Forsey then appointed Alternate Member Balcerzak a full voting member in the absence of Member Langdon.

MOTION made by Member Thorman seconded by Member Few to approve the April 17,2007 minutes.

CASE 1 PUBLIC HEARING 5859 5863 South Transit Road SBL 138.05-3-1 & 3-2 D. Licata, Owner & 6210 6216 Hamm Road SBL 138.05-3-3 D. Licata, Owner & 3-4 D. Laux, Owner Special Use Permit for Drive Thru McDonald's Facility
Chairman Forsey opened the Public Hearing and read the
ground rules for a Public Hearing. Sean Hopkins Attorney for McDonald's, Scott Francis of McDonald's and Randy Bebout of FRA Engineering presenting.
Mr Hopkins stated the plan has not changed since the April 10th work session but the special use permit is needed as this project has a drive thru and is located in a CCOD.
Mr Hopkins stated the architecture,traffic plan, landscaping and site plan have all been submitted. There is a vehicular connection to the south at Consumer Beverages. Mr Hopkins stated variances are needed for the minimum width of a comer lot, the open space coverage, the interior green space, side parking setback, drive aisle, the pole sign is larger and the proximity of the
driveway to Hamm Road.

Chairman Forsey asked if the current McDonald' s will close and Mr Hopkins stated yes, at the current site there is only six parking spaces for McDonald's customers to use.

Alternate Member Balcerzak asked how much of the income is from the drive thru and Mr Hopkins stated about 60% of the business is from the drive thru.

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May 15 2007
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Member Balcerzak asked what the hours would be Mr Hopkins stated 24 hours initially, then they may be limited.
Member Conrad asked if the current McDonald's is open 24 hours and Mr Francis stated no.

Member Kinyon suggested that the cross access to Consumer Beverages should be addressed for reciprocal access.
Mr Hopkins stated Consumer Beverage is not interested in it at this point. However, cross access has been provided for on the plan and will be available for cross access to the south premises from the site when the existing site to the south development changes.

Chairman Forsey asked for Public Comment. Brian Yeager of 6220 Hamm Road stated that he owns the property to the east of the site. He said that the dumpster is too close to his property line and he doesn't want anything along the
north south property line as his property is zoned commercial also. Mr Yeager stated he has previously submitted two letters regarding the driveway on Hamm
Road. Mr Yeager doesn't feel there should be a driveway on Hamm Road as there should be on road parking along Hamm. Mr Yeager also doesn't want any bushes or trees higher than three feet on the islands at McDonald's. He also
questioned whether the parking lot would hold one or two school buses of children or a bus full of senior citizens. Mr Yeager also requested that the Board requires cross access to his property .

David Licata who stated he owns a business on Transit Road, 5863 & 5859 South Transit Road and 6210 Hamm Road states his father bought some of the property about 30 years ago and about 10 years ago he and his brother bought the corner lot for an optical shop. Mr Licata stated the store was approved but they never opened it and then a few years ago he purchased 6210 Hamm Road. Mr Licata stated when McDonald's called him this past year, he felt that they would be an asset to the community and that this is a sad area without a mall and cinemas. Mr Licata states he pays $14,000 a year in taxes for these three properties and feels this is a great project.

David Laux of6216 Hamm Road stated he is also impressed with the way McDonald's handles their project and feels that the site may be difficult to get out of sometimes, but the customers at the current location also have problems getting out.


Chairman Forsey inquired whether there was any other comment, and hearing none, closed the Public Hearing.

CASE 2 Beattie Avenue SBL 123 00 1 8 11 Beattie Avenue LLC Owner Site Review Cedar Creek Subdivision. Town Planner Reilly stated that Part II of the EAF has been done and an expanded EAF Part III is being done and the traffic study will be submitted in the next week or so to both the Town and County. Town Planner Reilly stated the flood study has been submitted to FEMA and they have requested more information more detailed topography option on the levy
and the type of modeling used Town Planner Reilly asked if anyone on the

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Board needs any more information to please contact him so the applicant could be made aware. A revised plan dated
5/14/07 was distributed. The plan had been left with the Board just prior to the meeting Town Planner Reilly said the applicant is not appearing this evening because he
has not completed all ofthe necessary work for further consideration.

Member Kinyon questioned if the roads are going to be public or private and Attorney Seaman stated that hasn tbeen resolved yet as the Town Board has to take action.

Town Planner Reilly and Town Engineer Klavoon will try to get the findings to the Board for the June 12,2007 work session.

CASE 3 6688 Lincoln Avenue BSL 124 03 1 11 RB Mac Properties Owner - Site Plan Review Bl Business District Proposed Office Tenant Space - Addition of North Entrance Vestibule Interior Renovations David Allan,architect and Bob Burke owner presenting Mr Allan stated they want to move offices to this building and will be putting a new face lift on the building,including ahigher pitch on the roof The building is a 1300 square foot residence,
a modular home that had been two units one of which was used as a beauty salon. This is a nonconforming two unit in a business district. They were told they will need a letter to change the requested variances.

Member Wingard asked if the office portion is going to have tenant space. Mr Allen stated that originally it was but now it is just going to be used for office
space for the applicant.

Chairman Forsey asked about the proposed landscaping Mr Burke stated it was the same as on the original they
aren't planning any changes to the landscaping from what is already there but the pressure wood deck is being removed and a vestibule put there, and they may add some landscaping there. And they plan to gut the inside.
Chairman Forsey stated they need a landscaping plan for site plan approval. Alternate Balcerzak stated he feels it will be agreat improvement to the area. Member Conrad asked how many employees would work at the site. Mr Allan
stated that there would be six employees. Member Conrad asked how many parking spaces are available and Mr Allen stated three in the back and four in the front.

Town Building Inspector Nenni asked where the dumpster will be. Mr Burke stated the dumpster is just there temporarily as they have started working but it will be removed and they will be using garbage cans. Mr Burke stated they have put glass block windows in the basement.

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CASE 3 1030 Raymond Road SBL 138 00 2 26 1 Westcott Estates Subdivision,Owner. Request for preliminary plat time extension Engineering in process. Letter received requesting 120 days to return taken care ofat work session.

MOTION made by Member Thorman seconded by Member Wingard to adjourn the meeting at 8 25 pm. 7 Ayes, 0 Nays, Carried.

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