Town Planning & Zoning
Planning Board Minutes - Sept. 18, 2007
By Jane Trombley
Nov 21, 2007, 09:03

TOWN OF LOCKPORT
PLANNING BOARD MEETING MINUTES
September 18 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 Klavoon, Town Engineer
Drew Reilly, Town Planner
Dana Braun, Wendel Engineering
Daniel Seaman, Attorney
Jane Trombley, Secretary

Chairman Forsey called the Planning Board meeting to order at 7:30 pm on September 18, 2007 and led the Pledge of Allegiance.

Town Building Inspector Nenni stated 6404 Robinson Road SBL#138.00-1-8 - Robert Miller Construction, and 5589 Davison Road SBL#123.04-2-40 - Tim Mulvey, have been withdrawn pending more clarification.


CASE #1
5737 South Transit Road SBL#123.13-3-2.2/A - Lockport Partners,Owners - Attorney Seaman stated a letter has been received from the applicant addressing the waivers and variances.

MOTION made by Member Langdon, seconded by Member Conrad, to schedule a Public Hearing regarding the special permit review site plan review and requested waivers under CCOD and subdivision ofthe parcel for Wal Mart for October 2, 2007 at 7:00 pm. 7 Ayes, 0 Nays, Carried.

CASE #2
6601 S. Transit Road SBL#152.01-2-12 & 6015 S. Transit Road SBL#152.03-1-1 - Ronald Mielke,Owner - Site Review Proposed Retail Sales/Recreational Rides Eden Carriage Company, B2 Business Zoning, CCOD. Ronald Mielke, Owner and Brooke Stanley,tenant, presenting. Mr Mielke stated
Mr Stanley would like to rent his barn and part of the property to have family activities such as maybe a corn maze,an Easter egg hunt, pony rides, winter sleigh rides etc. Mr Mielke stated the horses are well trained and in the future he would like to have things such as haunted hayrides and a gazebo for weddings. This would be an all around place for families with no beer. Mr Stanley stated he owns property on Bartz Road where he currently does horse drawn events such as carriage rides, wagon rides and sleigh rides and was looking to purchase property to expand but was unable to find any. Mr Mielke stated his property butts up to Mr Stanley's and makes an L-shaped area. About 3 acres would be used for a seasonal store with items such as X-mas trees and wreaths and a parking area. Mr Mielke stated the area would be accessed by ABC's current driveway, not a

Planning Board
September 18 2007
Page 2

new driveway and parking could be in ABC's lot as this would be used mainly Saturday and Sunday when the other businesses are closed. Mr Mielke stated there is already stone in the back for bus parking and drop off. Mr Mielke stated he owns all three properties, about 12 acres.
Mr Mielke stated he can roughly park 100 cars on the stone lot and would use the grass area when necessary, if it
isn't too wet.

Town Planner Reilly stated we will need a better site plan with exact uses as the B2 allows for entertainment in an enclosed building, but not outside.

Attorney Seaman asked what time frame they have in mind. Mr Mielke stated they would like to start almost immediately with the horseback riding, they are fully insured, then hay rides on a very small scale now and work into a larger scale. Mr Mielke also stated they are talking to some Amish people about bringing in displays or possibly a store,also family oriented. Mr Mielke stated
sanitary toilets will be brought in for each event.

Town Building Inspector Nenni stated everything that they would like to do this year needs to be presented in an organized way and that the Niagara County Health Department also needs to be involved.

Chairman Forsey stated he has concerns about the health facilities. Mr Mielke stated he will contact the Health Department right away and stated there are handicapped facilities available presently at the ABC lot that could be used.

Mr Mielke stated the area is well lit so people could walk from one staging area to another.

Attorney Seaman asked what the previous use of the property was. Mr Mielke stated it was a dog kennel and there were also 4 or 5 racehorses years ago, and he
has taken down all the fences and cleaned everything up.

Mr Stanley stated when he first started horse rides on his Bartz Road property about a year ago, he had overwhelming response and would like to have access on Transit Road.

Attorney Seaman stated he feels they have a lot of good ideas and recommended a meeting with Town Building Inspector Nenni and Town Planner Reilly to go over
the plans prior to the next Work Session on October 10th at 3:00 pm.

CASE#3 Crown Drive/Enterprise Drive SBL#108.00-1-42.111 Town of Lockport IDA - Site Review Proposed to construct atemporary meterlogical weather tower 150' in height.
Parcel site 200' x 200' Industrial Zoning - Lou Staley
representing IDA (owned by the Town of Lockport) and Lockport Energy Associates presenting. Lockport Energy Associates representative stated they would like to lease land to erect a temporary tower for data gathering that would be needed 18 months from time of construction to removal.

Planning Board
September 18 2007
Page 3


Attorney Seaman disclosed for the record he is the attorney for the IDA and Wendel-Duchscherer did the survey and Mr Staley works for Lockport Energy Associates,LP as well as being the Administrative Director of the Town of
Lockport IDA.

Chairman Forsey asked if the plot was being purchased and the Lockport Energy Associate stated they will be leasing 250' x 250' for $500 a month and the tower will be placed on a concrete pad and completely removed when they are finished. The operation will be wireless to a data center located in California and there are no houses in that area.

Member Thorman asked is the guy wires are really 160' each way and the Lockport Energy Associate stated yes. Member Thorman noted they will need a larger lot then.

Member Kinyon asked if there is an actual application on file and Town Building Inspector Nenni stated yes, he has it and the proposed tower in 180' high.

Member Kinyon questioned the disassembly plans and Town Attorney Seaman stated they would be included in the contract with the IDA for lease of the property.

MOTION made by Member Kinyon,seconded by Member Wingard, to approve the site plan for the construction of a temporary meterlogical weather tower, which is a Type II action under SEQRA ,conditional on acquiring a larger lot to fit the guy wires and receiving a lease agreement that includes the conditions of removal of the tower. 7 Ayes ,
0 Nays, Carried.

CASE#4 6115 Robinson Road SBL#138.09-1-2.11 - Wiley Tothill, Owner. David Mongielo, Purchaser. Proposed auto specialties Repair Business - Special use. Use of existing building(Old NAPA site). Member Conrad asked about the impact of the project. Town Planner Reilly stated they can't do anything about moving the building and they will add landscaping, paint the building and already meet all the window requirements, so there isn't any significant impact. The site plan shows a 0' setback in the rear parking where 10' is required, but the property
is already paved and they are only going to stripe it, so no variance is needed there. Town Planner Reilly noted that extreme difficulty is demonstrated for meeting the CCOD requirement as the building can't be moved.

MOTION made by Member Langdon, seconded by Member Thorman, to grant site plan approval for 6115 Robinson Road and to waive CCOD caused noncompliance because there is a reuse of an existing building without site modification and forcing compliance would cause an extreme difficulty for the applicant. 7 Ayes, 0 Nays, Carried.

Planning Board
September 18 2007
Page 4

MOTION made by Member Thorman,seconded by Member Langdon, to adopt the findings submitted by the Town Planner as the findings of the Board as presented and waive the Public Hearing as this is a Type II action under SEQRA,and name the Planning Board as the lead and only agency. 7 Ayes,
0 Nays, Carried.

CASE#5 1020 Davison Road SBL#123.04-2-39 Niagara Management Group,Owner - Site Review Proposed 9,000 sq ft building - PUD Zoning. Tim Mulvey of Mulvey Construction presenting. Chairman Forsey stated there had been
discussion previously of turning the building around.
Mr Mulvey stated flipping the building would cause it to have a northern exposure, which would cause a lot of issues relating to the roof and ice build up. Chairman Forsey stated there was also some concern about the closeness of the driveway to Lockhaven Drive.

Attorney Seaman asked what the maximum amount of in and out of traffic would be. Mr Mulvey stated he doesn't have a tenant yet, but is planning on something similar to his business and he has UPS trucks in about 4 or 5 times a week, he also has 9 employees, so approximately 15 to 20 cars a day, and deliveries are hard to say at this point without knowing who the tenant will be. Mr Mulvey stated there is a paved area so vehicles can turn around and drive out. Mr Mulvey stated he could move the building about 10' to 15' if it would help as he is building on
speculation but would like to have a quiet operation.

Mr Mulvey stated the monument sign will be consistent with the one at Mulvey Construction and Gooding Printing.
Mr Mulvey stated the building will have a rubber roof with interior drains over the office area. The landscaping includes a row of trees that will screen the area, and foundation plantings around the office. Town Planner Reilly stated they may be short a tree or two and Mr Mulvey stated they will add them if they are.

Mr Mulvey stated about 2/3 of the parking lot water will run into the retention pond and 1/3 will go to the road system. Mr Mulvey stated they have added additional retention to what was already there it is 6' deep with detention on the top and the fill will be used on the property.

Attorney Seaman asked if the Engineers are comfortable with the plan and Town Engineer Klavoon stated yes, there is not anything that they can't address.

Town Planner Reilly stated they have submitted a SEQRA long form and there are no adverse effects as long as the pond is done correctly.

Alternate Member Balcerzak asked Mr Mulvey if he will retain ownership and Mr Mulvey stated he plans to but if the right offer came up he would consider selling.

Town Planner Reilly stated this is a low generator of traffic and shouldn't create a problem with the driveway.

Planning Board
September 18 2007
Page 5


MOTION made by Member Kinyon, seconded by Member Langdon, to waive the Public Hearing for 1020 Davison Road. 7 Ayes, 0 Nays, Carried.

MOTION made by Member Langdon, seconded by Member Wingard, to declare the site plan at 1020 Davison Road an unlisted action based on the EAF, name the Planning Board the lead agency and the only involved agency and to determine
that the project, as proposed, will not have a significant adverse effect on the environment. 7 ayes, 0 Nays, Carried.

MOTION made by Member Langdon, seconded by Member Conrad, to approve the 9-13-06 site plan conditional on moving the driveway not less than 15' to the North and receiving final approval of drainage by the Town Engineer. 7 Ayes,
0 Nays, Carried.

Chairman Forsey stated the Town Supervisor has asked the Planning Board to meet with the Zoning Board of Appeals for the purpose of reviewing a video tape by Ed McMann that is now required as part of the required training hours. After a brief discussion, Tuesday September 25,
2007 was decided on to view the video.

MOTION made by Member Conrad, seconded by Member Balcerzak to adjourn. 7 Ayes, 0 Nays, Carried.

© Copyright eLockport.com