TOWN OF NIAGARA COUNTY OF NIAGARA, STATE OF NEW YORK NIAGARA FALLS, N.Y.

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1 TOWN OF NIAGARA COUNTY OF NIAGARA, STATE OF NEW YORK NIAGARA FALLS, N.Y Lockport Road PHONE: Niagara Falls, New York FAX: TOWN OF NIAGARA PLANNING BOARD MEETING DRAFT MINUTES October 2, 2018 BOARD MEMBERS PRESENT: Barbara Hathaway/Chairman Mike Murawski John Polka BOARD MEMBERS EXCUSED: Renee Granto Ed Herman IN ATTENDANCE: Gerald Hathaway-Resident/7030 Colonial Drive Terry Myers Kelly-President of LBM Construction Rick Sirianni-Town of Niagara Board Member Michael McLaughlin-President/Empire Emergency Fran & Fabian Rosati-Residents/7500 Colonial Drive Dave & Tammy Zimmer-Residents/3080 Woodland Avenue Note: Others in attendance are not shown above due to name not being on the attendance sheet or not legible. The meeting was called to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Presentation #1- Empire Emergency Apparatus/Terry Myers Kelly President of LBM Construction 3995 Lockport Road Preliminary Site Plan Review Town of Niagara Tax Map No.: SEQR Terry Myers Kelly, President of LBM Construction, Inc. will be representing Empire Emergency Apparatus and is requesting Preliminary Site Plan approval for an addition to an existing facility located at 2995 Lockport Road. Tax Map No.: , SEQR

2 Terry Myers Kelly, President of LBM Construction, displayed the plans and explained to the Planning Board their intentions for the project. Ms. Kelly showed two adjacent sites on the property, one being their existing building with five bays for emergency vehicles and one bay for the fire trucks, an office and parts and break room. Ms. Kelly said they would like to add on one section that is 60 feet by 75 feet. The addition will allow them to have three overhead doors enabling work to be done on three fire trucks simultaneously. Another section that they will add would be 40 feet by 95 feet and that will allow for six bays where they can work on emergency vehicles, police cars, etc. This would allow them to take the two bays where they currently work on the emergency vehicles and convert them to a parts area which will be adjacent to their current parts and unloading area. In the north section of the property they would have one curve cut which would allow the emergency vehicles to come in and go out. They will have an area for two dumpsters and six foot tall ornamental grasses which would screen the dumpsters and fencing that is required by code. There will be a nearby lawn area and a perennial garden and along the street they will also have a lawn area and ornamental grasses as a screening for the neighbors. They will have trucks coming in an out through bays and a 15 foot drive through bay and a few employee parking spots. He will continue to have the employees park across the street and will also have vehicle storage there. Currently the owner gets a load of cars and pulls one car in and does everything he needs to do with the car and when done he pulls that car out and pulls another one in. By expanding the facility the owner would then be able to pull in up to fifteen cars at one time and work on them like an assembly line. Ms. Kelly said that when all is done they will have 33 employee parking spaces and 30 vehicle storage spaces. He will not do anything at all to the existing lot across the street. She said there is a shed there and some grass on the lot and will stay the way it is. Mr. Murawski asked Mr. McLaughlin, President of Empire Emergency, how many employees he had and Mr. McLaughlin said he had 13. Mr. Murawski asked Mr. McLaughlin if he talked to the people located behind him. Mr. McLaughlin said he did not talk to them about expansion, but he believes they are probably aware of it. He said he spoke to them about a year ago regarding an expansion when it was in its infancy stage, but they were not really sure what they were going to do at the time. Mr. Murawski said in past years he never heard of any problems with the business. Mrs. Hathaway said that the business is an excellent use of the building. Mrs. Hathaway asked Mr. McLaughlin if he spoke to Mr. Haseley, Building Inspector, about the plans. Mr. McLaughlin said he did. Mrs. Hathaway said the height of the building is mixed use there, business and residential, and the City of Niagara Falls is across the street. She asked if Mr. Haseley mentioned anything about having to go before the County Planning Board or is it up to the discretion of the Town of Niagara to direct him there. Ms. Kelly said Mr. Haseley said it was strictly the Town of Niagara and they would not need to go to the County Planning Board. She said all of the utilities that are on Lockport Road are the City of Niagara Falls, but those on Duluth Street and Savannah Street are the Town of Niagara. She said he thought that the area is zoned B and after that it is zoned residential. Ms. Kelly said they do have to go before the Zoning Board of Appeals because the existing building is taller than what is required, they are closer to the street than what is required and closer to the rear and there is a larger percentage of lot coverage. She has addressed all the issues and they will be presented to the Zoning Board of Appeals next week. Mr. Polka asked if Ms. Kelly meets the parking requirements. She said they do. 2

3 Mrs. Hathaway asked if there is enough room for the turnaround of vehicles that they already work on. Mr. McLaughlin said they did take that into account. Mrs. Hathaway likes the idea that even though there is so much blacktop on the property ornamental grass is being added to dress up the property. Mr. McLaughlin said they are very proud of what they have done. The building was vacant for six or seven years and was extremely expensive to move into the building, but it grew to be very successful. He thanked the Planning Board for all they have done. No further comments. Mr. Polka made a motion recommending to the Zoning Board that they approve the requested zoning variances which are reduced front setback, rear setback, the lot coverage, and the building height all as depicted and shown on the plans. (Terry Myers Kelly stated that she is not positive that she won t need parking, however it was discussed and determined that the parking is sufficient.) Mr. Polka amended the motion to include that the parking is sufficient as depicted for the business. Mr. Polka made a motion recommending the approval of the Preliminary Site Plan subject to the Zoning Board approving the variances as required and a Negative Declaration on the SEQR. Mrs. Hathaway stated that the minutes from the September 4, 2018 meeting could not be approved at this meeting due to the fact that all board members are not present. 3

4 Mrs. Hathaway mentioned to the Planning Board that the Town of Niagara has a Comprehensive Plan on their official website and she printed it out and shared with the Planning Board. Mrs. Hathaway mentioned that NCCC will have the yearly certified training offered by New York State for Planning Board members. Mrs. Hathaway stated that she will put all the Planning Board member s names on the list with the exception of John Polka since he already has a professional license. Mrs. Hathaway provided copies of the tax map for Miller and Colonial Drive to all Planning Board members. Mr. Brown, nearby Town of Niagara resident, spoke to the Planning Board about the Bri-Estates development. He said since the Planning Board reviewed the waiver and variance requests by the developer he has tried to understand where they are now and where they might be going and how they will get to it. Mr. Brown said the overall general question he has is how is it determined what waivers and variances the developer was to present that this board reviewed and acted upon. He said he has 8 different documents that the Town heads have provided. When he added them all up he said there was well over 100 different items on those documents. Mr. Brown spoke to Corey Auerbach prior to the past Bri Estates meeting and Mr. Auerbach said there was a process to get down to that list. Mr. Brown asked what the process was and who was involved with it. He asked how they got down to a smaller list from such a big list when there still appears to be parts of the development that are not in compliance with Town code. He said Corey Auerbach said if they pop up they will go back to the Planning Board for review of the Town codes. Mr. Brown said he is also trying to understand where it states in the Town code that the Planning Board can grant waivers. When he had asked Corey Auerbach he mentioned Section B. Mr. Brown said section 135 deals with street design and B in 179 states the Planning Board may waive subject to the appropriate conditions. Mr. Brown continued to read different sections of the codes. He said it is up to the Town to authorize and approve subdivisions of land and it s up to the development of those divisions plat according to the official master plan of the Town in order to achieve orderly, planned, efficient and economical development. He spoke of traffic and access to fire protection and proper provision shall be made for open spaces for parks and playgrounds. He said section of the code stated that it says these regulations shall be interpreted to be the minimum requirements necessary to promote the public health, safety and general welfare. Mrs. Hathaway spoke on behalf of the Planning Board and suggested that all the items brought up be discussed with Corey Auerbach. Mrs. Hathaway stated that she has nothing in front of her to reflect back on and will not make any comments unless she does. Mr. Brown asked if Mrs. Hathaway minds if they contact Corey Auerbach directly and Mrs. Hathaway said she has no problem with that. Mrs. Rosati said she walked the path that is going to lead the water into Lewiston across Saunders Settlement Road that comes out at the cemetary and is wondering if anyone takes into consideration what is going to happen when the storm water goes out to Lewiston. She said when she walked into the cemetery the water goes up a blacktop road around the cemetery and there is a small pipe that brings all the storm water to Gill Creek. No one is changing it and all the homes and run off water that will now flow if it goes through this way and the road buckles as it is. She said it can t substantiate what is coming through there now. Mr. Polka stated that several times the Planning Board, the developer and the Town Engineers stated that no incremental increase in the volume of water off the property will occur as a result of the development. Mr. Brown stated the flow rate will be the same, but the quantity of water will increase significantly. Mr. Polka said it would over time. Mr. Brown said if you talk to the people down Miller Road and along Colonial Drive their lots are swamped with water until mid-may when it 4

5 starts drying out. Mr. Polka said there will be no incremental increase in the flow. Mr. Brown said the length of flow will be much longer. Mrs. Hathaway called the meeting to be adjourned. Mr. Polka made a motion recommending the meeting be adjourned at 7:39 p.m. NEXT MEETING: Tuesday, November 6, 2018 Respectfully submitted, Kimberly Meisenburg Planning Board Secretary 5