October 27, 2008

A special meeting of the Board of Trustees was held on Monday, October 27, 2008, in the Village Hall. Mayor Maedl opened the meeting at 2:00 p.m. Also present were Trustee Bateman, Trustee Westcott, Coordinator Dodge, Clerk-Treasurer Schweigert, Zoning Officer and Building Inspector Thomas Arlington, and Daniel E. Seaman, attorney. Deputy Mayor Conley and Trustee Sarchia were absent. Representatives from Niagara Foods were also present. Mayor Maedl opened the site plan review for the expansion plans at Niagara Foods. Niagara Foods’ attorney Tom Brandt began by explaining that their engineering firm had replied to the concerns outlined in the October 14, 2008, letter from the Village’s engineers (Wendel Duchscherer) regarding the expansion plans. Tim Walck, from Wendel Duchscherer, was asked to outline his concerns. He advised that there were several things in his letter that the Board should address. First he asked the applicant to go over the project plans, and then the Board should discuss what the Village wants regarding them. Eric Porter, from the Glynn Group, gave an overview of the plans. He said that the Glynn Group had submitted a response package to Tim’s letter. He explained the layout of each sheet, and questions were asked during the presentation. Tim Walck asked if the outside lights are dark-sky friendly, as the plans don’t say they are. Yes, they are shielded. The plans say they are shrouded, which is acceptable terminology. This satisfies concern no. 3 in Mr. Walck’s letter. Mr. Seaman asked if there would be green areas in the front, as the plans indicate a 10-foot area of green between the parking lot and the right of way. Niagara Foods will plant shrubbery if requested. Discussed existing storm drain. New pipe will be laid next to old pipe. New pipe will cross at intersection of Centennial and Watson. Drainage from the undeveloped area goes to the old pipe. With new pavement and building, the old pipe won’t be able to handle the volume. The old line will stay in place, as the lowest part of the area is where this drain is. Concerns about yard drainage were raised. There are drops into the old drain, so it will be left in place. The collapsed pipe near the Basket Factory will be repaired. Mr. Seaman asked where the easements are for the current drain. None were located, but there will be easements for the new drain. Discussed swales. Two dry swales will be installed. The rain drains to buried pipes. Swales are only two feet deep. The water will filter through the soil and clean water will go through the drain. The swales may hold water for a couple of days, but it will eventually drain. There is no need for detention ponds. This area will be seeded as lawn. The dry swales meet current environmental guidelines. This answers concern no. 2 in Mr. Walck’s letter. At this time, Mr. Walck took over the discussion, so the Board could address the concerns he felt they should. The following items from his October 14 letter were addressed: 1. a. Drainage and storm tie in – yes, this will be handled. b. Plans show the catch basin in the pavement. Mr. Dodge would like it moved to the edge of the pavement, so snowplows don’t get their blades caught on it. This will not be a problem. c. Waterfront Assessment Form has been completed and submitted. Mr. Walck didn’t see anything that concerned him, but the Board should review. d. Discussed sidewalk installation between the existing office building and the proposed powder plant. Bob Neumann indicated a sidewalk will be installed. He was advised this should be indicated in the plans. Discussed sidewalk in front of building, in Village right of way. Should this be extended down past Niagara Foods? As there is a sidewalk on the east side of the street, this sidewalk will not be extended. Pedestrian traffic shouldn’t be encouraged in front of a business with tractor-trailers entering and leaving on a regular basis. Mr. Walck asked that the planting scheme along the front of the building be submitted so it can be reviewed. e. Discussed curbing. Determined that curbing would make the area look better and should be installed. f. Performance bond not necessary for this project g. Discussed fencing in the dumpster. May decide to locate it behind the building, in which case fencing wouldn’t be necessary. Niagara Foods will include stockade fencing in plans, in case they determine that it will be in the front. h. Will tie into 8-inch water mains. i. Determined what landscaping is wanted in the front area. Plans will be submitted. Discussed fire hydrants and fire codes. Niagara Foods is considering installing a sprinkler system. Fire Chief Steve Cooley would like to see a hydrant installed behind the building. Discussed the possibility of this and where it would be located, per NYS regulations. Bob Neumann asked if the Village could take ownership of the hydrant. Mr. Seaman advised that the Village would never take ownership of a hydrant that is on private land that would only benefit one place. Niagara Foods will work with Tom Arlington, Chief Cooley, and Tim Walck to ensure that they are in compliance with all state and local codes. Discussed storm water pollution plan. Must use new calculations. Need some clarification on this. All other comments in Mr. Walck’s letter have been addressed. Mr. Dodge asked if wastewater has been addressed. Will this be processed water or sewer. Mr. Neuman replied it will be processed. Discussed SQRA. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, that it is hereby determined that this is an unlisted action and the proposed project will not have an adverse effect on the environment based on the site plan and conditions hereto set forth and a negative declaration will be executed. Carried. A motion was made by Trustee Bateman, and seconded by Trustee Westcott, to grant conditional site plan approval based on the Village’s engineer’s approval subject to the following conditions: A revision be prepared and approved by the Village’s engineering firm: 1. showing green space along Kelly Avenue when it is demarked as not paved with landscaping; 2. including a combination of trees, lawn, and shrubbery approved by the Village Coordinator ; 3. showing and preparation of additional easements for the Village of the storm sewer along the north property line; 4. showing a sidewalk between the office and the new building; 5. showing stockade screening of the dumpsters, if they remain in the present location. Screening not required if moved to the west part of the property; 6. showing curbing at the drive entrances; 7. Clarifying the grading contours in the dry swales; 8. Clarifying the water quality volume; 9. Indicating they conform to all state and village codes and be approved by the Village engineer and building inspector and with input from the fire chief; 10. Showing the catch basin on Watson Avenue has been moved off the pavement and tying it into the existing line. The motion was carried. A motion was made by Trustee Westcott, and seconded by Trustee Bateman, that the project has been reviewed by the building inspector for conformance of the Village’s Local Waterfront Revitalization Plan (LWRP) and his recommendation to the Village Board is that he has determined that it does conform with the LWRP. Carried. There being no further business, a motion was made by Trustee Westcott, and seconded by Trustee Bateman, to adjourn. Carried. Meeting adjourned at 3:21 p.m. Respectfully submitted, Rebecca A. Schweigert Clerk-Treasurer
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