Minutes of a regular meeting of the

Johnson City Planning Board held on

February 28, 2008 at 6:00pm at

243 Main St., Johnson City, NY

 

Present:            William Klish, Chairman

Pamela Hysell, Vice Chairperson

Joanne Drimak

Leonard Sas

                       

                        Beth Westfall, Village Attorney

Daria Golazeski, Planning Director

                        Richard Balles, Village Trustee

                        Dennis Hannon, Village Trustee

                       

Absent: Gerald Putman

 

A brief work session was held at 5:30pm.

 

Chairman Klish called the meeting to order at 6:00pm.

 

Chairman Klish noted the emergency exits.

 

Minutes – A motion to accept the minutes of the January 22, 2008 regular meeting was made by Mrs. Drimak and seconded by Mr. Klish. The motion carried.

 

Privilege of the Floor

           

Tom Kelleher, 72 Richard Street - Spoke regarding the Senior Living Center, 373 Harry L. Drive. He presented the board with a packet of information he compiled as a result of his research in regards to Mr. Josh Friedman, the developer of the project. Wants the Planning Board to require a bond for the project.

 

Dan Gorey, 65 Richard St. - Spoke regarding the Senior Living Center, 373 Harry L. Drive. Asked if the board researches the backgrounds of the applicants. Chairman Klish explained that the board does not look into any applicant’s background.

 

Bob Zielewicz, 75 Richard Street - Spoke regarding the Senior Living Center, 373 Harry L. Drive. Would rather see single family homes on the land than what is being proposed.

           

Communications – None

 

Contingencies – None

 

OLD BUSINESS

 

SEQR & Rezone Request – Harry L. Drive Senior Living Center, 373 Harry L. Drive

 

Chris Stasney with Griffiths Engineering and Sarah Grace Campbell with Hinman, Howard & Kattell, attorney for the applicant, were present on behalf of the applicant.

 

Ms. Campbell presented a brief update of the project. The number of units and buildings has been reduced from 21 building and 84 units to 17 buildings and 68 units. Parking has been removed along the rear of the community center and the size of the community center has been reduced from 50’ x 175’ to 50’ x 120’. A meeting was held with the neighborhood and the developer. Ms. Campbell gave a brief overview of what was discussed at that meeting.

 

Chairman Klish asked about the park/picnic area that was shown on the upper area of the preliminary site plan but is not on the revised plan. Mr. Stasney stated that this area will remain mostly undeveloped.

 

Chairman Klish asked if the size of the units changed or just the number of units. Ms. Campbell stated that the size of the units did not change.

 

Mrs. Hysell asked about the location of the buildings and the topography. Mr. Stasney stated that some units may have basements and others may not. Some of the land will need to be filled and leveled and a couple of the buildings may be cut into the hillside.

 

Mrs. Hysell asked about the water table and stormwater. Mr. Staseny stated that they haven’t done all the calculations yet so they do not know the size of the retention pond.

 

Mrs. Drimak asked about fencing around the pond. Ms. Campbell stated that the applicant will do whatever the Village requires.

 

Chairman Klish asked erosion control. Mr. Stasney stated that they would use stabilizing vegetation. 

 

Environmental Review

 

The Board had an unanswered question from its review of Part 1 of the Environmental Assessment Form (EAF).

 

B.  Project Description

 

Question #2 - How much natural material (i.e. rock, earth, etc.) will be removed from the site? Mr. Stasney stated that there will be a balance – approximately 48,000 cubic yards of material will be relocated within the site.

 

Part 2 – EAF

 

On Part 2 of the EAF, the Board discussed the project’s impacts and their magnitude.

 

1. The board commented that the proposed action would result in a physical change to the site, but felt it was a small to moderate impact.

 

2. The Board did not believe there would be any effect on any unique or unusual land forms.

 

3. The Board did not see any impact on any protected water body.

 

4. The Board did not see any impact on any non-protected existing or new body of water.

 

5. The Board did not believe there would be an impact on surface or groundwater quality or quantity, however the developer must meet the requirements of stormwater and erosion and sediment control ordinances of the Village and NYS DEC.

6. The Board felt that the impact to drainage flow or patterns, or surface water runoff will be small to moderate and could be mitigated.

 

7. The Board did not find any impacts on air quality.

 

8. The Board did not see any effects on any threatened or endangered species.

 

9. The Board did not see any effects on any non-threatened or non-endangered species.

 

10. The Board did not find any impacts on agricultural land resources.

 

11. The Board did not find any impacts on aesthetic resources.

 

12. The Board did not find any impacts on any structure of historic, prehistoric or paleontological importance.

 

13. The Board did not find any impacts on the quantity or quality of existing or future open spaces or recreational opportunities.

 

14. The Board did not find any impacts on a critical environmental area; that is not applicable to this site.

 

15. The Board did not feel that there would be an effect to existing transportation systems.

 

16. The Board did not find any effects on the community’s sources of fuel or energy supply.

 

17. The Board did not find that any objectionable odors, noise, or vibration would result from the proposed action.

 

18. The Board did not find any effects on public health and safety.

 

19. The Board felt that the proposed action would affect the character of the existing community as it will cause a change in the density of land use, but the current zoning would allow greater density.

 

20. The Board did not think there would be public controversy related to potential adverse environmental impacts.

 

A motion to declare the project an unlisted action under SEQR and issue a negative declaration (copy of resolution attached) was made by Mrs. Drimak and seconded by Mr. Sas.

 

Motion Carried - Vote:     Yes – 4 (Drimak, Hysell, Klish, Sas)     No – 0     Absent – 1 (Putman)

                                   

A motion to recommend to the Village Board, approval of the rezoning of 373 Harry L. Drive to Planned Unit Development including comments from the neighbors and the applicant’s presentation, was made by Mr. Klish and seconded by Mrs. Drimak.

 

Motion Carried - Vote:     Yes – 4 (Drimak, Hysell, Klish, Sas)     No – 0     Absent – 1 (Putman)

 

 

 

NEW BUSINESS

 

Rezone Request - Hannah Enterprises, 71 & 75 Baldwin Street

 

The application is a request to rezone the properties at 71 and 75 Baldwin Street from Multiple Residential (RM) to General Commercial (CG).

 

Sarah Grace Campbell with Hinman, Howard & Kattell, attorney for the applicant, was present on behalf of the applicant.

 

Ms. Campbell stated that the property owner has a tenant who wishes to open a coffee shop/sandwich shop on the first floor of the building which at one time was a tavern. Previous attempts to rent the property as residential space were disastrous. Everything surrounding the property is commercial. The applicant is aware that the lack of parking is a concern.

 

Attorney Westfall stated that the applicant may need to apply for a parking variance.

 

Chairman Klish asked about future commercial development of the property. Ms. Campbell stated that the property is attractive to the adjacent Wilson Hospital. The property owner has been in negotiations with the hospital for several years.

 

Mrs. Drimak asked about uses for the rest of the building. Ms. Campbell stated that it would be residential if possible.

 

Planner Golazeski stated that the first floor of the property was used as a bar until approximately ten years ago. The remainder of the building was used as a boarding/rooming house.

 

Chairman Klish read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:                If approved, an asbestos survey needs to be done and issued to this department. If approved, said property must have a building permit before any work is to be started.

Fire Dept:                               Recommend approval.                                 

Planning Dept:                       Recommend approval of rezone. Future uses require site plan approval.  

Police Dept:                            NCI

Public Works & Water:         NCI on the Zoning Variance.

B. C. Planning:                       N/A

 

A motion to recommend to the Village Board, approval of the rezoning of 71 and 75 Baldwin Street to General Commercial, including the Department Head Comments was made by Mrs. Hysell and seconded by Mr. Sas.

 

Motion Carried - Vote:     Yes – 4 (Drimak, Hysell, Klish, Sas)     No – 0     Absent – 1 (Putman)

 


Site Plan Review - Peter Yeager, 805 Valley Plaza

 

The application is a site plan review to install a driveway on the side of the building, a door on the side of the building and a fence in the rear of the property.

The applicant, Mr. Peter Yeager was present. He explained the driveway he wants to install.

 

Chairman Klish asked about installing a fence at the rear of the property. Mr. Yeager stated that he thought that would be a good idea.

 

Mr. Yeager explained that there is an e-commerce business in the building requiring several delivery trucks arriving at the building on a regular basis. They pull into the parking lot and back up to the front door. They would like the delivery trucks to access the side of the building. They plan on removing an existing window and installing a door.

 

Mrs. Hysell asked about the style of the new door on the side of the building. Mr. Yeager described what the different options he was considering.

 

Mrs. Drimak asked about the width of the driveway. Mr. Yeager stated that it would be 11 feet. The average delivery truck is 8 feet. The driveway would not go all the way up to the building. There would be a strip of grass or landscaping.

 

Chairman Klish read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:                If approved, said property must have a building permit before any work is to be started.

Fire Dept:                               Recommend approval.                     

Planning Dept:                       Recommend approval.

Police Dept:                            NCI

Public Works  & Water:        Recommend signage indicating that the driveway is for deliveries only.

B. C. Planning:                       NCI

 

Chairman Klish asked about a time frame. Mr. Yeager stated that he would like to begin in 2-3 months

and have the work completed by the end of summer.

 

A motion to approve the site plan for 805 Valley Plaza to install a driveway on the side of the building, a door on the side of the building and a fence in the rear of the property, with a completion date of September 30, 2008 and including the Department Head Comments was made by Mrs. Drimak and seconded by Mr. Sas.

 

Motion Carried - Vote:     Yes – 4 (Drimak, Hysell, Klish, Sas)     No – 0     Absent – 1 (Putman)

 

Area Variance & Amended Special Permit – Brain Rumpel, 753 Harry L. Drive

 

The application is an area variance request to reduce the minimum required side yard setback from 10 ft. to 5 ft. and a request to amend a previously approved special permit that allowed seasonal retail sales in an industrial zone to retail sales in an industrial zone.

 

The applicant, Mr. Brian Rumpel was present.

Mr. Rumpel presented the board with an overview of the project. There will be two buildings constructed on the lot. One building will be used for retail sales and the other building will be storage of large vehicles. A variance is needed because the lot is so narrow.

Planner Golazeski stated that she and Building Inspector Ken Jennison met with Mr. Charles Fenson, Mr. Rumpel’s engineer, regarding the proposed plans and Mr. Fenson will be making changes to the site plan based on their concerns.

 

Chairman Klish asked about the retail use. Mr. Rumpel stated that one floor will house his wife’s dance store and the other floor will house an alarm company.

 

Chairman Klish read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:                The dumpster cannot be in the five foot area along the property line. No parking spaces shall be in the five foot area along the property line. The buildings must meet NYS Building & Fire Codes. The square footages do not match on the site plan and the chart. The two square footages on the site plan do not match. A new and correct and approved site plan needs to be issued before a building permit is issued. If approved, said property must have a building permit issued before any work is to be started.

Fire Dept.:                              Need information on amount of pavement around buildings for Fire Dept access.                        

Planning Dept.:                      Recommend approval of variance & special permit.

Police Dept.:                           Handicap parking spaces have above ground signage and pavement markings. Access aisle between handicap parking have above ground sign “No Parking Anytime”.

Public Works & Water:

·        Storm water - system detail drawings and design calculations are required.

·        Water – a meter pit will be required, a minimum 2 inch service will be required.  The two building services will come off of the 2 inch service with shutoff valves.  The water service shall have a minimum of ten feet separation from the sanitary sewer laterals.

·        Sanitary Sewer – a clean out is required near the street boundary and at each building.

·        A complete utility plan is required.          

B. C. Planning:                       Comments not yet received.

Town of Union Planning Dept.:         No concerns with the proposed site plan, variance or special use permit. We do wish to note that access to the dumpster appears difficult and suggest landscaping along the northern side border to provide screening for potential future development on the currently vacant lot and existing house at 749 Harry L. Drive. We also suggest curbing be installed to control access and egress from the site.

 

A motion to recommend approval of the area variance for 753 Harry L. Drive to the Zoning Board of Appeals to reduce the minimum required side yard setback from 10 ft. to 5 ft. including the Department Head Comments was made by Mr. Sas and seconded by Mrs. Hysell. 

Motion Carried - Vote:     Yes – 4 (Drimak, Hysell, Klish, Sas)     No – 0     Absent – 1 (Putman)

 

A motion to recommend to the Village Board, approval of the special permit for 753 Harry L. Drive including the Department Head Comments, was made by Mrs. Hysell and seconded by Mrs. Drimak.

 

Motion Carried - Vote:     Yes – 4 (Drimak, Hysell, Klish, Sas)     No – 0     Absent – 1 (Putman)

 

A motion to adjourn the meeting at 7:40pm was made by Mr. Sas and seconded by Mrs. Hysell.

 

Respectfully submitted,

 

 

 

Diane Salva

Planning Board Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A RESOLUTION DETERMINING THE ENVIRONMENTAL SIGNIFICANCE UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT OF THE PROPOSED SENIOR HOUSING DEVELOPMENT AT 373 HARRY L. DRIVE

WHEREAS, JFF Development, Inc has filed an application with the Village of Johnson City Planning Board to construct a Planned Unit Development of 68 unit senior housing development consisting of 17 residential buildings with associated site improvements including grading, stormwater pollution prevention plan improvements on approximately 18 acres respectively (the “Project”).  The Project is located on vacant land north of Harry L. Drive and west of Richard Street in the Village of Johnson City; and

WHEREAS, in order to aid the Planning Board in determining whether such Project and other related actions of the Village in connection therewith (“Action”) may have a significant effect on the environment, the Planning Board has caused to be prepared a Full Environmental Assessment Form (“EAF”), together with the Preliminary Development Plan Drawings and other submissions related thereto; and

WHEREAS, the Planning Board has heretofore identified the Project as an Unlisted Action pursuant to the State Environmental Quality Review Act (“SEQR”) and expressed its desire to act as Lead Agency for SEQR review purposes; and

WHEREAS, the Planning Board has duly reviewed the EAF, all Project submissions and other reports and documents submitted by the Project Engineer, and others with respect to the above-referenced Project, and has duly considered the impacts which may be expected from the proposed Action and compared the same with the criteria set forth in the applicable SEQR Regulations, including but not limited to 6 NYCRR 617.7.

NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Village of Johnson City, Broome County, New York, as follows:

1.         The Planning Board hereby declares that as of its January 22, 2008 meeting it has and is acting as Lead Agency for the purposes of SEQR review concerning the Project and all actions related thereto.

2.         Based upon its review and consideration of the EAF and other necessary criteria, the Planning Board hereby finds that (a) the proposed Project constitutes an “Unlisted Action” and that (b) the object of the above-referenced Action will result in no significant adverse impacts and, therefore, is not an Action which “may have a significant effect on the environment” and that since said Action will not have a “significant effect on the environment”, no “environmental impact statement” need be prepared, as such quoted terms are defined in the applicable SEQR Regulations.  The Planning Board’s findings are set forth in greater detail in the Negative Declaration attached hereto and incorporated by reference herein.

3.         By reason of the foregoing, the Planning Board hereby authorizes and directs the Planning Board Chairman to execute and file a Negative Declaration in the form attached hereto and to sign and date the Full Environmental Assessment Form (EAF) submitted by the Project Engineer, confirming that the Project and all actions related thereto will not have a significant impact on the environment.

4.         The Planning Board hereby authorizes and directs the Village of Johnson City Village Clerk, Planning Department and the Counsel for the Village of Johnson City to forward copies of this Resolution and the Negative Declaration to all appropriate agencies.

5.         The Village Clerk is hereby directed to maintain for public inspection a file containing a copy of this Resolution, the Negative Declaration and all submissions to date concerning the Environmental Review of this Project and all Actions related thereto.

6.         This Resolution shall take effect immediately.