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 November 6, 2018 BOARD MEMBERS PRESENT: Barbara Hathaway/Chairman Renee Granto Ed Herman Mike Murawski John Polka BOARD MEMBERS EXCUSED: IN ATTENDANCE: Craig Eddy-Greenpac Mill Gerald Hathaway-Resident/7030 Colonial Drive Murray Hewitt-Greenpac Mill Jordan Litwiniak, Manager of Niagara Center Commerce Terry Myers Kelly-President of LBM Construction Rick Sirianni-Town of Niagara Board Member Adrian Solecki, Silvestri Architects Note: Others that may have been 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 1

2 Mrs. Hathaway stated that the applicants request is to elevate from a preliminary site plan to a final site plan. She stated that the presentation was already before the Zoning Board of Appeals and next week the applicant will go for the final appearance. Terry Myers Kelly, President of LBM Construction, said she spoke with the company that handles the engineering for the Town and they discussed what they would like to see regarding storm water and the applicant met those provisions. Mr. Polka questioned when the public hearing will be and Mrs. Hathaway stated it will be with the Zoning Board of Appeals on November 13, 2018 and it is at that time they will vote on it. Mr. Polka asked if any comments, positive or negative, were made from the Town engineers. Mrs. Hathaway said no, other than what Ms. Kelly stated. Ms. Kelly said it was no because they were developing well below the 1 acre SEQR requirements and they don t have to file a long form nor do they have to address storm water quantity or quality issues, but she said the applicant would like to be a good neighbor so he is addressing both of those. She said they have a green space along Duluth Street, so they want to make sure they have no run off that goes to the neighbor on the north. They will be putting in a pipeline across the north of the property and that will cross and go into the green space. The green space will be a shallow 10 foot wide area. They will also pick up the water coming off of the existing roof which currently drains across and then goes down Duluth Street and runs into a catch basin. She said they are also piping that water and capturing it from the new addition and another pipe which will join together that will go into the small detention area. She said the engineer was happy with all of the provisions made. Mr. Polka reviewed what zoning variances were needed. Ms. Kelly said one was needed for the front and rear setback, area coverage, and the height of the building. She said she is not sure whether she needs parking or not since it is all on the adjacent lot and okay by the Town Code. She said she thinks the question regarding the parking was related to how the facility was zoned, either motor services or manufacturing, and she asked for the variance to be sure all would be okay whatever it was zoned as. Mr. Polka asked Ms. Kelly if they d be getting a special use permit or a change in zoning. Ms. Kelly said the Building Inspector considers it motor services which is in the current zoning. There will be no zoning change. Ms. Kelly said Mr. Haseley, the Building Inspector, stated that a special use permit is not needed. Mrs. Hathaway stated that the project is an excellent reuse of the building and area and is promoting a good business. No further comments. 2

3 Mr. Polka made a motion recommending approval for a final site plan subject to the applicant obtaining the zoning variances that they requested from the Zoning Board which includes a variance for the rear set, front set back, area coverage of the lot, the height of the building, and that parking on the adjacent parcel across the side street meets zoning requirements. Also, subject to the applicant meeting the town engineers, department heads, and building inspector requirements. Negative declaration on the SEQR. Mr. Herman seconded the motion. YES- (5) Mrs. Granto, Mr. Herman, Mr. Murawski, Mr. Polka, Mrs. Hathaway ABSTAIN- (0) Presentation #2- Jordan Litwiniak, Manager of Niagara Center of Commerce, LLC 5555 Porter Road Final Site Plan Review Town of Niagara Tax Map No.: SEQR Jordan Litwiniak, Manager of Niagara Center of Commerce, LLC is requesting a Final Site Plan review of property located on 5555 Porter Road. Current use is Vacant (L-I) and proposed use is for Storage (L- I). The property is located on the South side of Porter Road between Packard Road and the city limits. Tax Map No.: , SEQR Jordan Litwiniak, Manager of Niagara Center of Commerce, LLC introduced himself and company as owners of the building located on 5555 Porter Road. He said they recently signed the lease with Greenpac Mill, LLC who is looking to store rolled paper products within the warehouse. They are requesting approval for some slight modifications to the building and placing occupancy of Greenpac Mill in the building. Mrs. Hathaway said she was reviewing the SEQR and noticed #1 and #2 of the SEQR were both marked yes. She read #1 as follows: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? (The question was answered Yes ). If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that 3

4 may be affected in the municipality and proceed to Part 2. If no, continue to question 2. Mr. Litwiniak reviewed the SEQR and said the answer should be No and it was an oversight. He said he will resubmit. Mr. Polka said the #2 response was answered as Yes and if yes a building permit is needed. Mr. Litwiniak agreed and the answer would stay as yes. Mr. Polka verified with Mr. Litwiniak that he would not be making any more site adjustments. Mr. Litwiniak agreed and that the only thing they are doing to the rear of the warehouse is they are adding four new dock doors and ramps to those dock doors. Mr. Polka asked about the sprinkler system. Mr. Litwiniak said there is a wet system that is in place and is adequate. He said it is the same system and it is tested annually and will adequately protect what is stored. The Planning Board mentioned what is being requested doesn t really change the traffic pattern, there are new loading dock lights and man door. Mrs. Hathaway verified that a new man door will be placed in the front also. Mr. Litwiniak agreed and also stated that currently there is the old store front with the glass and they want to seal that off with brick and put in a man door. Mrs. Hathaway said they touched upon the landscape a while ago at a previous meeting. She said it they dressed it up a little bit in the front it wouldn t look as bad. Mr. Litwiniak said there were trees recently planted along the road, but welcomed any suggestions and would be willing to add more additional shrubs. Mrs. Granto said she noticed that at the location they are at now all the trucks are parked there. She asked if that will be done in this parking lot. Mr. Litwiniak said it is currently not the intent and they will just store in the warehouse. They will bring the trucks in to unload and then leave. No further comments. Mr. Polka made a motion recommending final approval of the site plan subject to the applicant meeting all the town engineers, building inspector, and department head requirements. It is the Planning Board s understanding that there will be no truck parking or material storage in front of the building and the applicant will look to improve the landscaping in the front of the building. Negative declaration on the SEQR as amended for questions #1 and #2 (#1 should be answered no and #2 should be answered yes. 4

5 Mr. Granto seconded the motion. YES- (5) Mrs. Granto, Mr. Herman, Mr. Murawski, Mr. Polka, Mrs. Hathaway ABSTAIN- (0) Mr. Polka made a motion recommending approval of October 2, 2018 Planning Board minutes. Mr. Murawski seconded the motion. YES- (3) Mr. Murawski, Mr. Polka, Mrs. Hathaway ABSTAIN- (2) Mrs. Granto, Mr. Herman Mr. Polka made a motion recommending approval of September 4, 2018 Planning Board minutes. Mrs. Granto seconded the motion. YES- (4) Mrs. Granto, Mr. Murawski, Mr. Polka, Mrs. Hathaway ABSTAIN- (1) Mr. Herman 5

6 Mr. Polka made a motion recommending the meeting be adjourned at 7:28 p.m. Mrs. Granto seconded the motion. YES- (5) Mrs. Granto, Mr. Herman, Mr. Murawski, Mr. Polka, Mrs. Hathaway ABSTAIN- (0) NEXT MEETING: Tuesday, December 4, 2018 Respectfully submitted, Kimberly Meisenburg Planning Board Secretary 6

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

TOWN OF NIAGARA COUNTY OF NIAGARA, STATE OF NEW YORK NIAGARA FALLS, N.Y. 7105 Lockport Road PHONE: 297-2150 Niagara Falls, New York 14305 FAX: 297-9262 TOWN OF NIAGARA PLANNING BOARD MEETING DRAFT MINUTES