Members present: Jerry Sanok, Colleen Pautler, John Zoratti, Mike Fleming, Russ Savage.
absent: Mike DeWitt
Others in attendance: Bill Weber, Mike Metzger.
Russo was not there. Richard Sherwood (attorney) arrived about 7:30pm.
Approximately 35 ARRG members showed up on just a couple hours notice!
Bill Weber said he was asked by the Town Board to have the planning board consider the PACE program. It's a farmland protection program. John Foss, the Marilla Supervisor gave them the information. The Town would buy the "development rights" to producing farmland and it would be forever! It could never be developed. As of Dec. '06, AAA prime farmland was selling for $1200.00 an acre. There is a descending scale for the rest of the grades of land. Two years ago, that same AAA farmland sold for $2200.00 an acre. The program is drying up. 75% of the cost would come from the state and the remaining 25% would come from the Town.
Russ - doesn't see how it helps farmers. "Old cronies cashed in" in Marilla.
Ralph - used UB as an example - UB never could have been built if they had been a part of this program. (because it's forever)
Mike Fleming - How many farms would qualify in Alden.
Ralph didn't know. He will ask the Assessor.
No action tonight.
Russo rezone - Sherwood said Russo was out of town.
the site plan that he submitted was drafted by WM (Wal-Mart) engineers. The rear part of the property is dedicated for septic.
30.41 acres is sought for rezone. Part of the current C2 area is for parking lot and not included in the rezone.
Restrictions WM is asking for are as follows (for other tenants on the property, to avoid competition)
no gasoline stations
no pharmacy (because they will have one in the store)
no discount store >35,000 sq.ft that sells hard and soft goods.
no grocery store >10,000 sq.ft. This does not include restaurants.
no wholesale club
or any combination of the forthcoming.
Outparcels (area around the proposed WM, like the front 500 ft.) are not included in WM and would be used for small stores.
Fleming - Will the restrictions apply to the remaining property (the balance of the 97 acres) that Russo will own?
Sherwood - Yes, the declaration is recorded in Erie County and our enforceable by the courts. There is no room for another box store. They pursued Ames plaza for a year and a half. It generates taxes.
You don't have a local police force, but they aren't necessary for stores like this. (there was a groan from the crowd. There are various wage levels and sales tax comes back from the county.
Russ - will there be a signal at Four Rod?
Metzger - That's up to the State DOT. The Town has no control over that.
Sherwood - WM thinks they will.
Ralph - Does anyone know the status of the signal at Slade Rd.? no one knew
Weber - construction is set for spring.
Russ - It's obvious, with these plans, that there is a contract with WM.
Sherwood - They're more than interested. After the Town grants the rezone, there are only 180 days till closing.
Russ - Can the Town control the facade? Yes.
Fleming - on the restrictions. What happens if WM pulls out? Would the successor enjoy the same restrictions? Yes!
Sherwood said that WM is trying to get back into middle America instead of the cities.
Witt asked Metzger to "enlighten us". Tell us what you think.
Metzger - The Town needs to:
- get a legal description
- ask for the long EIF form. (Sherwood said he'd have it in a couple days and he was told by Witt to submit it to the Building dept.)
- Town Board should seek sole control over SEQR, but can ask for input from the planning board.
- get a concept plan (layout) with the site plan (the full build out)
The boards really need to study this so nothing is missed, because you can't go back.
Must comply with Town codes.
- if recommended to Town Board, because it's a rezone, conditions can be applied. For example, the TB can make deed restrictions too.
- Wetlands - get confirmation and that there isn't more. Property lines are irregular. This
could cause confusion.
- Under section 617 of the Environmental Review, ask that the remaining property have a
"SEQR build out plan". This complies with the law.
- Need long EIF!! Sherwood said it will be ready this week.
Sherwood - Russo's engineers will do a build out plan. The current site plan is 100 feet from potential wetlands. WM doesn't want to own them. (in order to make the property lines straight) He said there were three drain tiles that feed to the NW found on the property. One was crushed and the other two were plugged. This could cause the ponding.
Russ - need a full wetland deliniation .
Weber - Can we get a map that highlights exactly who will own what?
Sherwood - yes. WM will own the road with Russo having access to the rest of the property.
Witt - Can we have the rezone map superimposed on the site plan?
Sherwood - sure, we can do that
Witt - "next time you bring in a map like this, please don't have errors". It's not to scale. Parking spaces are only four feet wide.
Sherwood - WM engineers did it.
Witt - This project must be an upgrade for the Town. If it's not, we shouldn't consider it. This is not attractive, has a big retention pond, parking lot in the front. Why don't you put a pond in front like Greatbatch with fountains and put the parking behind the store?
Sherwood - Kohl's on Transit has the pond in front and it's very unattractive. Generally, parking is in the front of stores.
Russ - need significant detail for parking lot.
Sherwood - no reason it couldn't be incorporated.
Zoratti - can't see how they could do it any other way. There isn't room to rearrange the lay out.
Witt - pond in front, parking in back.
Russ - location of parking lot doesn't make any difference.
Sherwood - he'll contact WM about landscaping. They have an office in Rochester. Some areas get ideas from the public during the Public Hearing. That would be a good place for the Town to get landscaping ideas!!
Metzger - the planning board needs to be involved. He asked if this was the site plan application?
Witt - he thought so.
Metzger - Russo also needs to submit a subdivision application too.
Sherwood - oh, I didn't realize that. I'll have a fresh zoning application ready tomorrow for the Town Clerk.
The one from Feb. 26 is old.
Sherwood left at 8:15.
Witt told Metzger that they will be relying on him since we don't have a permanent building inspector. For example, he would like them to pay their fees upfront and to make sure application papers are correct.
They went on about the windmill law. They will review the information they got from Newstead for next meeting. They allow one on R1 property. For a single mill, you need a building permit. For commercial, you need a special use permit. There is a concern about the fall zone.
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