July 26, 2023, DRB Hearing Minutes Application 23-025

Edward Druke, Jr.(applicant)
Steven Wolf (applicant’s representative)

David Cotton, DRB Chair
Walt Dadik, DRB
Lynn Forrest, DRB Vice Chair
David Lucido, DRB
Erica Walch, DRB Secretary
Geoff van Kirk, DRB alternate
Ellen Nuffer, abutter and President of the Rolling Meadows Homeowners Association

Site Visit
A site visit to 7 Loop Rood was held at 5:00 PM. The applicant and DRB members Cotton, Dadik, Forrest, Lucido, van Kirk, and Walch were present. Abutter Nuffer was also present. Applicant showed the proposed new building, where the setback variance was requested, and how trucks would access the new site.

The hearing was called to order at 6:00 PM and applicants and members of the public were sworn in.

Applicants explained that they propose to renovate an existing storage building, demolish a lean-to shed, and construct a new building to create a warehouse space for their business, WW Building Supply. The footprint of the new portion of the building is slightly larger than that of the previous location of their retail store.

Applicants request a variance to the village front yard setback requirement (of 35 feet from the center line of the road) for the northwestern corner of the proposed new construction. They explained and showed with architectural drawings that trucks will enter the building from the east and west ends and travel along a 20 foot wide drive in the building to load and unload building supplies. In order for the trucks to safely operate, that drive needs to be straight and wide enough to unload building materials of 16 and 20 feet in length, which necessitates the variance. Loop Road diverges from the proposed frontage of the building and as the frontage continues eastwards towards Route 30, the proposed building complies with the 35 foot setback requirement.

Chairman Cotton asked applicants if they could have a step-back on that portion of the building to be in compliance with the setback requirement and applicants explained that the interior drive was needed (as above) and also that by having anything other than a solid unbroken line of frontage would interfere with the integrity of the building’s ability to move water away and around the building, which is an integral part of the plan, due to the former structure’s permeability and susceptibility to flooding.

Nuffer, the abutter, presented concerns with the project, and applicants and DRB addressed them as follows:

  1. Heavy trucks drive up Loop Road and over the bridge in the road, which places undue wear and tear on the road and bridge and is a nuisance to homeowners. Loop Road also appears to be a parking area, due to lack of roadway markings, such as a center line or lines and sidelines.

Applicant and abutter agreed to go together to the Newfane Selectboard to see if the town would paint markings in the road and advise on signage to deter trucks from driving beyond WW. Applicant further noted that the proposed design is expected to result in fewer trucks driving on the road.

  1. Will the construction result in more congestion on the road, such that the 25 households on Loop Road will have to drive through the WW lumber yard to access their homes?

Applicants said they can ask construction vehicles to park on the back property and that the construction will be quick, but there may indeed be inconveniences.

  1. The proposed building seems closer to the road than 27 feet.

The DRB Chairman measured the front of the proposed building from the center line of the road and determined it was 27 feet (+/-).

  1. Will there be lighting on the building? It might improve public safety.

Applicants hadn’t considered lighting the front of the building, but there will be security cameras. DRB members noted that there are zoning requirements for lighting in each district.

  1. What if other Rolling Meadows residents want to ask questions?

DRB members noted that the time to provide input is at the hearing, but if neighbors have concerns or ideas, they should communicate directly with the property owner.

David Lucido made a motion to grant a 10 foot variance to the Village District front yard setback requirement for the northwest corner of the new building, with the condition that any changes to the building as presented be in compliance with the Newfane Zoning By-Law. Forrest seconded the motion and it passed unanimously.

The hearing concluded at 6:55 PM.