Minutes of a regular meeting of the
Johnson City Planning Board held on
May 22, 2007 at 7:30PM at
243 Main St., Johnson City, NY
Present: William
Klish, Chairman
Pamela
Hysell, Vice Chairperson
Joanne
Drimak
Gerald
Putman
Leonard
Sas
Jeff
Jacobs, Village Attorney
Daria
Golazeski, Planning Director
Absent: None
A brief work session was held at 7:00pm.
Chairman Klish called the
meeting to order at 7:30pm.
Chairman Klish noted the
emergency exits.
Minutes – A motion to approve the minutes of the
April 18, 2007 special meeting and the April 24, 2007 regular meeting was made
by Mrs. Drimak and seconded by Mrs. Hysell.
Privilege of the Floor – None
Communications – None
Contingencies - None
OLD BUSINESS
The Planning Department received a note
from the applicant, Mr. Stu Green, withdrawing the application for the Magic
City Music Hall.
Mr. Gary Olin of Bergmann Associates was present on behalf
of the applicant.
Mr. Olin gave a brief presentation outlining the proposed
project.
Chairman Klish asked if a timeline has been developed for
this project.
Mr. Olin stated that they have developed a tentative
timeline that puts the approval process ending in the fall with construction to
begin shortly after depending on the weather. He also explained that the
property is under a brownfield cleanup agreement, which is being supervised by
the NYS DEC.
Chairman Klish read a resolution to begin the SEQR process
and establish lead agency intent.
RESOLUTION
A RESOLUTION INITIATING THE SEQR PROCESS AND REVIEW OF AN
APPLICATION FOR THE DEVELOPMENT OF VACANT LAND ON 90 LESTER AVENUE IN THE
VILLAGE OF JOHNSON CITY AND ESTABLISHING LEAD AGENCY INTENT
WHEREAS,
the
Village of Johnson City Planning Board (“Planning Board”) has received an
application for the development of vacant land on 90 Lester Avenue consisting
of site plan approval for the construction of 146,242 square feet of retail
space, a two-lot subdivision and issuance of a special permit for retail sales
in an Industrial Zoning District (hereinafter referred to as the “Project”)
together with a part 1 Environmental Assessment Forms (EAF); and
WHEREAS,
the
Project is an “Action” to be reviewed under the State Environmental Quality
Review Act and its implementing regulations found at 6 NYCRR Part 617
(hereinafter collectively referred to as SEQR); and
WHEREAS,
It
appears from the application and supporting documents and part 1 of the EAF
that the Project is a Type I action under 6 NYCRR 617.4 (b)(6); and
WHEREAS, the Planning Board has
the broadest governmental powers for investigating the impact of the proposed
action and the Planning Board has the greatest capability for providing the
most thorough environmental assessment of the proposed action;
NOW THEREFORE, BE IT
RESOLVED, that the Planning Board hereby makes a
preliminary determination that the Project is a Type I action in accordance
with 6 NYCRR 617.4
(b)(6); and further
RESOLVED, that
the Planning Board hereby establishes its desire to act as lead agency
pursuant to SEQR for the environmental review of said Project; and further
RESOLVED,
that the Village Planning Department is hereby authorized and empowered to
circulate to all interested and involved agencies the application with
supporting documentation and EAF, with a letter setting forth the Planning
Board’s desire to serve a lead agency pursuant to SEQR for the environmental
review of the Project and soliciting of any comments by June 22, 2007 relevant
to a determination of significance or objection to the Planning Board serving
as lead agency.
Dated: May 22, 2007
William
Klish
Chairman,
Village of Johnson City Planning Board
A motion to declare the Planning Board
the lead agency was made by Chairman Klish and seconded by Mr. Sas.
Motion Carried Vote: Yes – 5 No
– 0 Absent – 0
Area Variance – Valentina Poroutchnik, 516 Nelson
Road
The applicant, Valentina Poroutchnik, is
requesting an area variance to allow parking in the front yard of the property
other than in the driveway.
Mrs. Poroutchnik explained that their
driveway is long and very narrow and there is a tree and a fire hydrant
limiting their parking options. They have parking on Nelson Road but have had 2
of their cars hit by other cars while on the street.
Mrs. Drimak asked if their driveway was
long enough to fit all of their vehicles. Mrs. Poroutchnik stated that they
have 3 cars and a truck and they do not all fit in the driveway because it is
so narrow.
Chairman Klish stated that the area they
wish to use for additional parking appears to be in the Village right-of-way
and not actually on their property.
Mr. Putman asked about what was behind
the house.
Mrs. Poroutchnik stated that they do not
have a garage. There is a deck and a garden behind the house.
Chairman Klish stated that on his site
visit it appeared that there was enough room in the driveway to park all of the
family’s vehicles.
Mrs. Poroutchnik stated that it would be
too difficult to constantly move cars around with everyone’s different
schedules and one of the cars would be hanging out into the road.
Mr. Putman inquired about the possibility
of extending the driveway towards the rear of the property. Mrs. Poroutchnik
stated that it was not possible because of the garden they just planted and the
yard is very small.
Chairman Klish said that it appears that
if there was a car in the area they wish to use for parking, it would create a
hazard because it would obstruct the view of someone backing out of their
driveway.
Mrs. Poroutchnik feels that this would
not be a problem.
Chairman Klish read the Department Head
comments.
Code Enforcement: None
submitted
Fire
Dept: N/A
Planning
Dept: Proposed parking may be partly in ROW.
Not in harmony with the neighborhood.
Police
Dept: Not a good idea to give permission to
violate a village code.
DPW
& Water: This probably means that the parking area
will be over the sewer and water services
If there are
future problems with these utilities, the parking area (asphalt or
concrete?) Will
need to be excavated at the property owner’s expense. Is there
any proposed
change to the driveway curb cut? If so, coordination is required with
the DPW.
Mrs. Hysell
asked if the parking area would be paved. Mrs. Poroutchnik said that they have
put down
gravel but
could pave it later.
Mr. Putman
expressed concern that if the variance is approved it would set a precedent for
the rest of the
neighbors
on the street to do the same thing and would detract from the character of the
neighborhood.
A motion to recommend denial of the
application to the Zoning Board of Appeals, including the Department Head
Comments was made by Mr. Putman and seconded by Mrs. Hysell.
Motion Carried Vote: Yes – 5 No
– 0 Absent – 0
Area Variance – Frazier & Son, Inc.,
169 Oakdale Road
The applicants, Greg & Julie Frazier, are requesting an
area variance to reduce the minimum required front yard setback to 2 ft. for a
business sign.
Chairman Klish asked if the sign will be illuminated. Mrs.
Frazier stated that the sign will not be illuminated.
Chairman Klish asked about the placement of the sign
compared to the location of their current temporary sign. Mrs. Frazier stated
that the new sign will be in the same location.
Mr. Sas stated it is difficult to tell from the photos where
the leading edge of the sign would be and that it appears to be significantly
larger that the existing sign. Mrs. Frazier stated that they could remove the
base of the sign if needed.
Chairman Klish stated that there is some concern over the
location of the sign and the location of the underground utilities. Mrs.
Frazier stated that the utilities have been marked and they will not be
interfering with the utilities.
Mr. Putman asked for clarification of the placement of the
sign on the property. Mrs. Frazier stated that the sign will not be any closer
to the road than the current sign is. It will be in line with the Croteau’s
Transmission Sign.
Chairman Klish read the Department Head comments.
Code
Enforcement: No comment. Owner needs to apply for a sign
permit is approval is granted.
Fire Dept: NCI
Planning
Dept: Proposed sign placement would be
consistent with surrounding properties.
Police
Dept: I’m concerned that if the sign is located
closer to the roadway it may obstruct the
view of motorists exiting the parking
lot.
DPW: Coordination with sewer, water and gas
will be required to ensure that the proposed
sign is not placed directly above any of
these utilities.
Water: The water service for the house at 169 is
close to the site of the proposed sign. The
sign should
be placed at least 6’ from the existing water service and curb box for
possible
future excavations for repairs to the water line. The water line is
approximately
5’ deep, so this would put the sign in the area of repose if the sign is
closer than
6’. This could possibly weaken the sub base for the proposed sign if the
curb box or
water line were to be excavated.
A motion to recommend approval of the
application as submitted, including the department head comments, to the Zoning
Board of Appeals was made by Mrs. Hysell and seconded by Mr. Putman.
Motion Carried Vote: Yes –
5 No – 0 Absent
– 0
Site Plan Review & Special Permit –
Brian Rumpel, 750 Harry L. Drive
The applicant, Brian Rumpel, is requesting site plan
approval and a special permit to allow retail sales in an industrial zone.
Mr. Rumpel stated that he is aware that he would need
additional parking spaces for the retail use. He would eliminate spaces from
his previously approved used car lot to accomplish this.
Chairman Klish asked if the auto sales office would remain
where it is currently located. Mr. Rumpel stated that the office will remain
where it is in the building in the back.
Chairman Klish asked about marking the spaces in the newly
paved lot. Mr. Rumpel stated that he has someone who will be marking the lot.
Mr. Putman asked about stacking cars for sale in the back of
the lot and that those spaces may be needed for the retail space. If the entire
9300 sq. ft. is rented out for retail use, there is not enough space on the
property for the 46 parking spaces that will be required.
Planner Golazeski indicated that in that case Mr. Rumpel
would need to come back and readjust the parking lot.
Chairman Klish read the Department Head comments.
Code
Enforcement: The structure and its use need to be in
accordance with NYS Building Codes.
Stamped drawings need to be submitted
with your building permit application.
Fire
Dept: Recommend approval.
Planning
Dept: Proposed retail spaces require 46
off-street parking spaces. Car sales will have to be reduced to 15-18 spaces.
Police
Dept: Does not appear to have adequate
parking.
DPW
& Water: NCI on the special permit.
However, the same comment from the January 2007 site
plan still holds regarding no parking
within the paved area that is within the street
boundary.
.
A motion to recommend approval of the
Special Permit to the Village Board was made by Mrs. Drimak and seconded by Mr.
Sas.
Motion Carried Vote: Yes – 5
No – 0 Absent – 0
A motion to approve the site plan to allow retail use of not
more than 4,000 sq. ft. with parking as presented and including the department
head comments, was made by Mr. Putman and seconded by Mr. Sas.
Motion Carried Vote: Yes – 5
No – 0 Absent – 0
Site Plan Review & Special Permit –
Ron Mon’s Jamaican Jerk Stand, 753 Harry L. Drive
Chairman Klish asked about the number of
employees. Mr. VanEtten stated that it is basically a one-person operation.
Chairman Klish asked about parking
spaces. Mr. VanEtten said he designated 3 spots on his plan for customer
parking.
Mr. Putman asked if the
structure is the same one that was located on Main Street in Westover. Mr.
VanEtten stated that is was the same structure. He purchased it from the man
who operated it on Main Street.
Mr. Putman stated that the
previous owner had an electric service at the site on Main Street and asked
what Mr. VanEtten’s plans were for electricity.
Mr. VanEtten stated that he
intends to use a 10-gauge extension cord that will be hooked up to Performance
Auto Sports next door. He met with the Electrical Inspector, Marty Vasick, who
expressed concerns about the cord being exposed. He will be covering the cord
and locking it off. The stand is seasonal. It will only be open from Memorial
Day through Labor Day.
Mr. Putman asked if Mr.
VanEtten has any intentions about providing a few tables and chairs for
customers to sit at. Mr. VanEtten stated that he has no intentions of providing
any tables. It is basically just a pick up service.
Chairman Klish asked how far
the structure was from the road. Mr. VanEtten stated that he didn’t know
exactly but when the structure was delivered, the driver estimated 20-30 feet
from the road. It can be moved if needed.
Mr. Putman asked about Health
Dept. approval. Mr. VanEtten stated that he has already received his
certificate from the Health Dept.
Mr. Putman asked about
running water. Mr. VanEtten stated that he is not required to have running
water, just something to wash your hands and utensils in.
Mr. Sas asked about disposing
of the used water. Mr. VanEtten stated that the water would be in 5 gallon
containers with a nozzle going into a five gallon bucket which he will dispose
of at Performance Auto where he has an agreement with the owner to use the
restroom facilities.
Mrs. Hysell asked about trash
containers. Mr. VanEtten stated that he has not purchased any containers yet.
Chairman Klish asked if there
was a written agreement with Performance Auto for the use of their facilities.
Mr. VanEtten stated that yes there is a written agreement and he gave a copy to
the Planning Department.
Mrs. Drimak asked about
ground surface preparation, would the parking area be paved or left dirt. Mr.
VanEtten stated that they will level the area with fill but they did not have
plans to pave it. They are leasing the land from Brian Rumpel.
Mrs. Drimak asked about food
preparation. Mr. VanEtten explained that the food will be prepared at a
restaurant in Binghamton and will just be heated at the site.
Mrs. Hysell asked about
signage. Mr. VanEtten stated that he would probably just have an A-frame sign
listing the daily specials.
Planner Golazeski stated that
the sign cannot be larger than six square feet and must be taken inside every
night. No permit is required.
Mrs. Drimak asked about
refuse collection. Planner Golazeski stated that Mr. VanEtten will need to make
arrangements with the Department of Public Works.
Mr. Putman asked about the
disposal of unsold food as well as any grease that is generated from reheating
the food at the end of the day. Mr. VanEtten stated that the leftover food and
grease can be taken to the restaurant where it is prepared and dispose of it
there.
Chairman Klish read the
Department Head comments.
Code Enforcement: The
structure and its use need to be in accordance with the NYS Building Codes.
Handicap space and sign need to be shown
on the site plan. Side setback needs to
be
indicated on the plan. I will need a letter from the Health Dept. as to meeting
their
compliances. We have spoken about a required restroom. A letter from the
adjoining
property owner has been received granting permission for the applicant
and
their customers to use their facilities.
Fire Dept: Extension
cords cannot run from one property to another. Must have service set up
for business.
Planning Dept: How
will wastes be handled? Water
may not be dumped on property. How will garbage be handled?
Police
Dept: Owner must understand that there
is no standing on Harry L. Drive. Recommend the
Public Works
Dept. install a “No Standing Anytime” sign in the area between
driveway
cuts where business is located to reinforce no standing.
DPW: NCI
Water: Is
a potable water supply (service) necessary for this business? If a water
service is
needed,
please submit a plan and drawing for review to the Johnson City Water
Dept. for
approval.
B. C. Planning: No
significant countywide or inter-community impacts associated with the proposed
project
BMTS: No comments on proposed concession stand.
B.C. DPW: Harry L. Drive in the Village of Johnson
City (Town of Union) is a Village Road. The site is within 500 feet of Watson
Boulevard, County Highway CR-56. The site plan approval and special use permit
(food concession stand), if approved, will have no significant County interest,
as noted below. The food concession stand as proposed will be located on a
Village road, therefore no direct impact to Watson Boulevard is anticipated.
There may be minor impact on traffic in the area. Commensurate with the above,
there will be no significant impact to the County Highway system.
B.C. Health Dept: They
have been issued a food permit.
A brief discussion was held regarding the
proposed parking. Planner Golazeski stated that the issue for this type of
concession stand is not clearly defined in the Village Code. She will visit the
site to mark some spaces.
A motion to recommend issuance of the
Special Permit to the Village Board was made by Mrs. Drimak and seconded by
Mrs. Hysell.
Motion Carried Vote: Yes – 5
No – 0 Absent – 0
A motion to approve the site plan for 753 Harry L. Drive
with the hours of operation as noted from Memorial Day to Labor Day, including
the Department Head Comments, was made by Mr. Putman and seconded by Mr. Sas.
Motion Carried Vote: Yes – 5
No – 0 Absent – 0
A motion to adjourn the meeting at 8:40pm was made by Mrs.
Drimak and seconded by Mr. Sas.
Respectfully submitted,
Diane Salva
Planning Board Clerk