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 WORK SESSION MINUTES May 1, 2018 (Approved at the June 5, 2018 Planning Board Meeting) BOARD MEMBERS PRESENT: Barbara Hathaway/Chairman Renee Granto Ed Herman Mike Murawski John Polka BOARD MEMBERS EXCUSED: IN ATTENDANCE: Corey Auerbach-Barclay Damon Timothy Arlington, PE, Apex Survey Cathy Fromment-Resident/10310 Loretta Drive Rich Fromment-Resident/10310 Loretta Drive Gerauld Gismondi, Property Mgr. and Owner/GMA Properties Helen Haseley-2010 Saunders Settlement Road Gerald Hathaway-Resident/7030 Colonial Drive Beth Jackson-Resident/Kay Ellen Drive John Jacoby-4621 Lower River Road Benjamin Joe-Niagara Gazette Herb Lewis-Resident/4850 Miller Road Richard Ries-Resident/715 Onondaga Suzanne Rizzo-Resident-7310 Colonial Drive Fran Rosati-Resident/7500 Colonial Drive Jane Torrey-Resident/7320 Colonial Drive David Yarger-Editor-Tribune David Zimmer-Resident/3080 Woodland Ave. Richard Zimmer-Resident/4748 Miller Road Tammy Zimmer-Resident/ 3080 Woodland Ave. 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 7:10 p.m. PLEDGE OF ALLEGIANCE Presentation #1- Sean Hopkins/Hopkins, Sorgi & Romanowski PLLC/5500 Main Street, Williamsville (representing George Churakos) *George Churakos, Revised Site Plan Double C Reality Tax Map No.:131.12-1-1 & 2 Re: Bri Estates SEQR 1
George Churakos of Double C Realty of NY is requesting review of his revised site plan for property on Kay Ellen Drive located on the north side of Colonial Drive between Hermitage Road and Miller Road. Tax Map No.:131.12-1-1 & 2, SEQR Mrs. Hathaway introduced Corey Auerbach to the Planning Board members. Mrs. Hathaway stated that Mr. Auerbach has been before the Planning Board in the past representing other applicants. He is now assisting with the Bri Estates subdivision. Mr. Auerbach stated that he has been retained by the Town of Niagara to act as special council to help with the Bri Estates subdivision. Mr. Auerbach stated his role is to be a counselor and not to be an advocate for anyone s position or to interject his own opinion. He is here to guide as it relates to development approval standards. He will answer questions and determine if something is or is not permissible consideration for the Board to take under their review in making various determinations that will arise as part of the process. Mr. Auerbach stated that he has met with the applicant and the applicant s council. At the meetings they have made requests to provide some additional documentation to the Board. Mr. Auerbach stated he is here to help with any questions and to provide guidance with the understanding as it relates to codes and variances. Mrs. Hathaway thanked Mr. Auerbach. Mrs. Hathaway read an email addressed to Corey Auerbach that was received today (May 1, 2018) from Sean Hopkins from Hopkins Sorgi and Romanowski PLLC. The email stated the following: Attached is a copy of my letter to the Planning Board per our discussion yesterday. I have also attached a copy of the Nationwide No. 29 Permit issued by the U.S. Army Corps of Engineers that was received by client in the mail over the weekend. Mrs. Hathaway also read the May 1, 2018 letter from Mr. Hopkins addressed to Barbara Hathaway, Planning Board Chairperson and the Town of Niagara Planning Board. The letter stated the following: This letter is being submitted on behalf of the Applicant to request that the Planning Board table the pending Preliminary Plat Application during its meeting this evening. Based on discussions during a recent meeting with Corey Auerbach, Esq., we will be making an updated submission to the Planning Board at least ten days in advance of its June meeting for the purpose of seeking required waivers and variances. Mrs. Hathaway asked the public to determine if they would like to have a meeting as a group to discuss waivers and variances as a group with Mr. Auerbach. Mr. Polka stated it s hard to pinpoint a date to meet because of not being sure what changes will be submitted. He said the Department Heads, the Building Inspector, and the Town Engineer have to look at the submission and to let the Planning Board know what the issues are prior to the meeting with the residents and Mr. Auerbach. Mr. Auerbach said the meeting he had with the applicant on Friday, April 27 th was in relation to a review letter from the Building Inspector dated March 27, 2018. He provided specific comments in response to the developer s submittal. In the March 27 th letter, Mr. Haseley suggested that there were certain additional variances and waivers that would be required as part of the development process that the applicant has not yet requested from this Planning Board. After that meeting Mr. Auerbach suggested to the extent there are waivers and variances that have been identified, but not formally requested yet from the Board. He said they needed to formalize those based upon the comments so there is a complete record and the Planning Board will know what is exactly requested. Mr. Auerbach also asked the developers council to be prepared to present each of the waivers and variances to the Board in detail including references to the specific statutory provision in the Code from which they are drawn from making that request. Mr. Auerbach said he would be pleased to explain the specific standards of review that the Board is required to evaluate of either to grant a waiver or to recommend the Town Board grant a variance. 2
Mr. Polka suggested scheduling the meeting at the present meeting. Mr. Auerbach stated that it is recommended that anytime you schedule a meeting it be done in an open meeting such as this and it can always be cancelled if necessary. The Planning Board determined that the special meeting will be held at 7:00 pm on Wednesday, May 23 rd provided that the applicant submits their information to the Town Hall by May 9 th so that it can be reviewed prior to the meeting. A representative from Bri Estates that was present at the current meeting will notify the applicant of this information. Mr. Auerbach said he will make sure the Town Clerk is aware of the meeting. No further comments. Mr. Polka made a motion recommending tabling the Bri Estates agenda item until the next Planning Board meeting on June 5, 2018. Mrs. Granto seconded the motion. Presentation #2- GMA Properties, LLC/Gerauld Gismondi, Property Manager and Owner Re: Parking Lot Design-Paving Project Site Plan Review 4600 Witmer Industrial Drive Tax Map No., 131.09-2-40 Town of Niagara SEQR Gerauld Gismondi, Property Manager and owner of 4600 Witmer Industrial Estates, is requesting Site Plan Review for approval to expand the front parking area of his property. The property is located on the west side of Witmer Industrial Drive between Witmer Road and the dead end of Witmer Industrial Drive. Tax Map No.: 131.09-2-40, SEQR Due to a late submission of applicant information and a meeting prior to the Planning Board meeting, Mrs. Hathaway stated that she did not have the opportunity to review the applicant information. Mrs. Hathaway stated that the applicant did contact her at home prior to the meeting to discuss the presentation. Mrs. Hathaway asked Mr. Gismondi during their phone conversation if all his ducks were in a row and Mr. Gismondi said to his knowledge they were. Mrs. Hathaway asked if he owned the whole building and Mr. Gismondi said he did. Mrs. Hathaway asked about the location of the gym. Mr. Gismondi said there are 2 gyms. One is a boxing gym and one is weight training. Mrs. Hathaway asked Mr. Gismondi if the gym is allowed in the industrial estates. Mr. Gismondi said he did not know. Mrs. Hathaway asked why he did not know and that if he put one there he should have been able to talk to Mr. Haseley to find out. He said when they rent space they really don t look at the code to see if something is allowed. If someone has a business we just put it on leases that they have to comply with Town of Niagara codes. Mrs. Hathaway asked where participants currently park for the gym. Mr. Gismondi said some park in the parking lot in the front, the back, the side and sometimes in the grass. Mrs. Hathaway said she was over twice to look at the property. She said she saw big trailers there. One was unloading on the north end and there was a truck backed up waiting behind him. She said those trucks come in and back into the bay and she said she assumes they go 3
around to the south exit or entrance. She said people can t really park much in the back. Mr. Gismondi said that it is not meant to be used by cars in the back and that is why they want to expand it. Mrs. Hathaway said when the area was originally designed it was also designed for incubator businesses to be in there and for not very many employees and that is why they had the small parking area. Mr. Polka said the issue is because of the fitness center being a permitted use of an industrial zoned piece of property which Mr. Haseley referred to in his letter dated April 9, 2018. He said on the bottom of Page 2 of the letter Mr. Haseley discussed the fact that the fitness center is not a permitted use as it is currently zoned. Mr. Gismondi said he knows that Mr. Haseley is working with the fitness center because of some issues regarding not having a proper license. Mr. Polka said that is a type of use. They can be properly licensed as a business in the Town of Niagara, but the question is if it is a permitted use for the property that it is currently zoned. Mr. Gismondi said if that is required he thinks that Mr. Haseley and Chris are working on that together. He said the parking has been an issue since they bought the building. Mrs. Hathaway stated that her personal opinion is that the cart is being put before the horse by allowing the parking area to expand until they get a variance. She said we do not know if the variance is allowed or not. Mr. Polka said if it was being properly utilized for what it is currently zoned and the applicant said he needed more parking because he has more employees we would allow him to expand the parking lot. Two issues are can the fitness center be there as it is currently zoned and the expansion of the parking lot could occur if it is properly zoned. Mrs. Hathaway asked what the occupancy is of the building. Mr. Gismondi did not know, but said he could find out. She asked if it met the fire code. Mr. Gismondi said yes as far as he knows. Mrs. Hathaway said that the fire code should state how many people are allowed in the building. Mrs. Gismondi said he is not prepared since he normally does not come to these meetings, but he said he could get any information that is required. The Planning Board discussed tabling the request until next month due to not being convinced that all of Mr. Haseley s requirements in his email dated April 9 th have been addressed. No further comments. Mr. Polka made a motion recommending tabling the request and asks that the applicant confirm a couple open issues that need to be resolved with the Building Inspector. 1) Whether there is a zoning issue with regards to the fitness center being in the industrial park as currently zoned. 2) If the submission on April 27, 2018 met all the requirements that were outlined in Mr. Haseley s letter/email dated April 6 th. (Mr. Polka made a correction later in the Planning Board meeting regarding the above stated date of Mr. Haseley s letter being April 6 th. The date of the letter was not April 6 th, but was April 9, 2018). Mr. Murawski seconded the motion. 4
Presentation #3- Timothy Arlington, PE, Apex Consulting Survey and Engineering Services, P.C. Re: Williams Road Medical Complex Final Site Plan Review 10175 Niagara Falls Boulevard Tax Map No.; 146.19-2-4 Town of Niagara SEQR Timothy Arlington, PE, from Apex Consulting Survey and Engineering Services, P.C., is requesting a Final Site Plan Review for a new access road regarding property at 10175 Niagara Falls Boulevard. The property is located on the south side of Niagara Falls Boulevard between Caravel Drive and Williams Road. Tax Map No.: 146.19-2-4, SEQR Mr. Arlington stated that since the March 6, 2018 Planning Board meeting they have obtained the approval from the City of Niagara Falls engineering department regarding the water, sewer and storm drainage. He said their engineer signed the forms so that they can now file for the SPDES permit. He said he also received the email that says the same thing from the Niagara Falls water board. On March 30 th he said he received confirmation from Camie Jarrell P.E. from GHD that they had addressed all her comments regarding storm drainage and updated copies and plans have been submitted addressing that. The Planning Board comments were addressed along with Mr. Polka s comments regarding the orientation of the parking spots so that no individuals or customers would be backing out into the main private road. He said at this point he is asking for final approval from the Planning Board since he believes all comments were addressed. He said he is also working with the Town of Wheatfield since part of the acreage is located there. He said they are in the process of going through the approval process with them as well. Mrs. Hathaway said she noticed all the changes were made. No further comments. Mr. Polka made a motion recommending approval of the Final Site Plan for the Williams Road Medical Complex. Mr. Murawski seconded the motion. Mr. Polka made a motion recommending a negative declaration on the SEQR. Mr. Murawski seconded the motion. 5
Mr. Murawski made a motion to approve the April 3, 2018 Planning Board minutes. Mr. Herman seconded the motion. Meeting adjourned at 7:58 pm. NEXT MEETING: Anticipated Special Meeting held on Wednesday, May 23, 2018 and regular Planning Board meeting held on Tuesday, June 5, 2018 Respectfully submitted, Kimberly Meisenburg Planning Board Secretary 6