Minutes of a regular meeting of the

Johnson City Planning Board held on

November 27, 2007 at 7:30pm at

243 Main St., Johnson City, NY

Present: William Klish, Chairman

Pamela Hysell, Vice Chairperson

Joanne Drimak

Beth Westfall, Village Attorney

Daria Golazeski, Planning Director

Absent: Gerald Putman

Leonard Sas

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.

Privilege of the Floor – None

Communications – None

Contingencies – verification has been received from the Town of Dickinson Clerk that the Town has received all of the information and documentation that was requested in reference to the proposed Wal-

Mart project.

Minutes – A motion to accept the minutes of the September 25, 2007 regular meeting and work session was made by Mrs. Drimak and seconded by Mrs. Hysell. The motion carried.

Approval of the minutes of the October 23, 2007 regular meeting and the November 5, 2007 special meeting was held over in order to give the board ample time to review them.

OLD BUSINESS

Site Plan Review & Area Variance - Edward Suer, 129 Brown Street

The application is for an area variance to reduce the minimum required rear yard setback and for site plan approval for the construction of a 60’ x 60’ metal building addition.

Mr. Gary Whistle from Whistle Design was present to represent the applicant.

Mr. Whistle briefly reviewed the project for the board. He explained that a small part of the existing building was built on NYS property. There is currently not enough parking on site to meet the Village requirements. The tenant would like to build an addition. They are negotiating with NYS to acquire 10 feet of state land behind the property but this process can take 1 to 2 years.

Chairman Klish asked if anything was filed with the state yet. Mr. Whistle stated that nothing had been filed yet. They are waiting for numbers on the property. They also are going to try to get land that is listed as having an easement and put in a cul de sac at the end of Brown Street and transfer it to the Village. The property would then be split into two parcels.

Mr. Whistle stated that .35 feet is the farthest that he could move the proposed building away from the property line while maintaining an aesthetic value and to be able to share the loading docks. Moving the building any farther away would take impact the lack of parking situation even more.

Mr. Whistle stated that he spoke to Bob Bennett regarding his comments from the last Planning Board meeting. Regarding runoff, they will put a rock ditch/rubble line allowing runoff to leech into the ground with the overflow going into the storm sewer. They are also going to put in a pipe that is turned down that will act as an oil removal filter. The Erosion Sediment Control Plan will be submitted in writing and with a drawing. Roof runoff from all buildings – they will catch the runoff with an eaves trough and put it in a pipe into the rock/rubble ditch. They will be installing a 6ft. chain link fence .5 feet off of the property line. A plumbing plan has been shown to the Water Department. A copy will be submitted in the next couple of days. There is already a water meter there. Rather than tie in a new water meter and have two meters for the same business, they will pull a water line inside the building. A total of four dumpsters will be shown on the revised plan.

Chairman Klish expressed concern that the loading area inside the dock seems too small to support the 2 buildings.

Mr. Whistle stated that they reviewed this with the tenant and owner and the tenant is fine with it. Chairman Klish suggested bringing the loading dock forward. Mr. Whistle will present it to the tenants.

Mrs. Drimak asked if there would be signage on the new building. Mr. Whistle stated that he was unsure.

Chairman Klish asked about the easements between the DOT and the Village. Attorney Westfall stated that there is an issue with a small strip across the end of Brown Street. Right now there is no legal access to the property without an easement. Mr. Whistle will provide the Village with a description for the easement.

Chairman Klish read the Department Head Comments.

DEPARTMENT HEAD COMMENTS

Code Enforcement: The structure and its use need to be in accordance with NYS Building Codes and FEMA Flood Regulations. Stamped drawings need to be submitted with your building permit application.

Fire Dept: Recommend approval.

Planning Dept: Recommend approval. Set time frame for paving and straighten out access issues with Village.

Police Dept: Recommend approval.

Public Works & Water: 1. The storm water from the parking lot should not be allowed to flow

directly into the Finch Hollow and Little Choconut Creeks. A storm

water infiltration practice, as outlined in Chapter 6 of the New York State Stormwater Management Design Manual, should be designed and put into place.

2. An erosion and sediment control plan must be submitted for review and approval prior to any construction activities.

3. The existing building encroaches onto NYSDOT property. How will this be addressed?

4. How will the 0.35 foot proposed offset be addressed? Is a variance required?

5. Roof runoff of all the buildings must be connected to the requested storm system.

6. The existing asphalt in the area of parking space #3 encroaches onto NYSDOT property. A barrier should be placed to eliminate future encroachments.

7. In accordance with § 270-9 Plumbing Plan to be Submitted, a plan of the entire site’s water system must be supplied to the Water Department.

8. In accordance with § 270-41 Location and installation of Meters,

a. Setting near property line. In all cases, irrespective of meter size, where the distance from the property line to the front wall of the premises is greater than seventy-five (75) feet, the Department may require that the meter be set at or near the property line. A master meter should be installed in the water manhole at the end of Brown Street. This is the manhole that is improperly labeled as a storm manhole on the site plan drawings.

9. There is no location for the dumpsters on the site plan and they are

not enclosed.

B. C. PLANNING: No significant countywide or inter-community impacts associated with the proposed project.

BMTS: No comments.

NYS DOT: No comments or concerns.

BC HEALTH DEPT: No comments

A motion to recommend to the Zoning Board of Appeals, approval of the area variance including the Department Head comments, straightening out the easement issue with the Village and obtaining the 10 feet of property from NYS, was made by Mrs. Hysell and seconded by Mrs. Drimak.

Motion Carried Vote: Yes – 3 No – 0 Absent – 2

NEW BUSINESS

Area Variance – Mohammad Majeed, 29 Cherry Street

The application is for two area variances, to reduce the minimum required lot frontage for a two family dwelling from 60 feet to 40 feet, and to reduce the minimum required lot area from 6,000 sq. ft. to 4,680 sq. ft.

The applicant, Mr. Mohammed Majeed, was present.

Mr. Majeed stated that he is paying taxes for a two family building. The property code is 220. The building has two kitchens and two bathrooms. 1/3 of the back yard is paved over for additional parking. The house was condemned and he is in the process of fixing it up.

Chairman Klish asked if the driveway was a shared driveway. Mr. Majeed stated that no, it is not shared.

Chairman Klish stated that a requirement for a two-family house is to provide four off-street parking spaces.

Mr. Majeed stated that there was enough room between the area in the backyard and in the driveway to fit four cars. Three cars will fit in the driveway. There is an entrance to the apartment in the back of the building. Most people will be parking in the back yard on the concrete pad.

Attorney Westfall asked how many cars will fit on the concrete pad in the back. Mr. Majeed stated two cars on the concrete pad and three cars in the driveway.

Planner Golazeski asked how people parked on the concrete pad will get out if there are cars parked in the driveway. Mr. Majeed stated that the tenants will have to work that out among themselves.

Attorney Westfall asked how many cars would fit in the back yard not counting the driveway. Mr. Majeed stated that there was room for three cars.

Attorney Westfall advised the board that an area variance for parking should be added to the application since they are already referring two other variances to the zoning board for this property. She also advised Mr. Majeed to bring Planner Golazeski a better drawing showing the parking spaces in the rear.

Chairman Klish read the Department Head Comments.

DEPARTMENT HEAD COMMENTS

Code Enforcement: The structure and its use need to be in accordance with NYS Building Codes. The structure was converted to a single family. It now has to be brought up to today’s codes as a conversion to a two family. Owner needs to apply for a building permit if approval is granted.

Fire Dept: NCI

Planning Dept: Four off-street parking spaces required. No indication of how this is to be achieved.

Police Dept: NCI

Public Works: NCI

Water Dept: No comments received.

A motion to recommend approval to the Zoning Board of Appeals of three area variances; one to reduce the minimum required lot frontage for a two family dwelling from 60 feet to 40 feet, one to reduce the minimum required lot area from 6,000 sq. ft. to 4,680 sq. ft. and a parking variance to reduce the minimum number of required off-street parking spaces, and including the department head comments, was made by Mrs. Drimak and seconded by Chairman Klish.

Motion Carried Vote: Yes – 3 No – 0 Absent – 2

Site Plan Review – Jalal Zuwiyya, 204 Grand Avenue

The application is to amend a previously approved site plan to add two apartments to the second floor and two apartments to the third floor of the building. Site Plan approval was given to the applicant previously for this project, but the approval expired in 2005 without any work commencing. The applicant is asking for a new completion deadline for the exact same project.

The applicant, Jalal Zuwiyya, was present.

Mr. Zuwiyya explained that he couldn’t find an architect or contractor that had the time to do the job before and that is why nothing was done.

Chairman Klish asked how long of an extension Mr. Zuwiyya asking for. Mr. Zuwiyya stated that 6-9 months should be long enough.

Mr. Zuwiyya expressed concern over the need for a sprinkler system in his building. Chairman Klish and Attorney Westfall advised Mr. Zuwiyya that this is a building code issue and he needs to take this up with the Village Building Inspector, Ken Jennison.

Chairman Klish stated that when the original approval was given in March of 2004, the board placed some conditions on the approval: the parking lot had to remain available with 204 Grand Avenue, 24 parking spaces had to be maintained. Mr. Zuwiyya stated that this is not a problem.

Chairman Klish read the Department Head Comments.

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.: Need more info. Would like to see more detailed drawings.

Planning Dept.: Recommend parking lot conditions from previous approval. Must meet all applicable NYS Building Codes.

Police Dept.: NCI

Public Works: NCI

Water Dept.: No comments submitted.

B. C. Planning: N/A

A motion to approve the site plan for 204 Grand Avenue with a completion date of December 31, 2008, with the same requirements the board placed on the previous approval and including the department head comments was made by Mrs. Hysell and seconded by Mrs. Drimak.

Motion Carried Vote: Yes – 3 No – 0 Absent – 2

Request for Site Plan Extension – 100 Albert Street, LLC, 100 Albert Street

The application is for an extension of the site plan approval until May of 2009, for the conversion of a former school building into 79 apartment units.

The applicant, Reuven Rother, was present.

Chairman Klish asked about the purchase of the property at 236 Corliss Avenue. Mr. Rother stated that he had purchased the property to be used for additional parking. He closed on the land but it has not yet been transferred to the LLC.

There are two LLC’s right now, 100 Albert Street and 100 Albert Street, LLC. When he is done, both properties will be under the same LLC. Attorney Westfall advised Mr. Rother that if he changes the name of the entity that owns the property, he must notify the Planning Department.

Chairman Klish read the Department Head Comments.

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. Owner needs to apply for a building permit if approval is granted.

A motion to grant the site plan extension to May 31, 2009 including the department head comment

and, as per Attorney Westfall, any changes in the name of the entity that owns the property must be

given to the Planning Department, was made by Mrs. Drimak and seconded by Mrs. Hysell.

Motion Carried Vote: Yes – 3 No – 0 Absent – 2

A motion to adjourn the meeting at 8:20pm was made by Mrs. Hysell and seconded by Mrs. Drimak.

Respectfully submitted,

Diane Salva

Planning Board Clerk