Minutes of a regular meeting of
the
Johnson City Planning Board held
on
October 28, 2008 at 7:30pm at
Present: William Klish, Chairman
Pamela Hysell, Vice Chairwoman
Joanne Drimak
Leonard Sas
Kristen
Luce, Village Attorney
Daria Golazeski, Planning
Director
Absent: Gerald Putman
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 accept the minutes
of the September 23, 2008 regular meeting and the October 6, 2008 special
meeting was made by Mr. Sas and seconded by Mrs. Hysell. The motion carried
with all those present voting.
Privilege of the
Floor - None
Communications – None
Contingencies – None
OLD BUSINESS - None
Request
for an extension - Kradro Realty, LLC,
The application is a request for
an extension of the September 1, 2008 completion date for the construction
of a parking lot until August 31,
2009. There was no one present to represent the applicant.
Chairman Klish read the
Department Head Comments.
DEPARTMENT
HEAD COMMENTS
Code
Enforcement: n/a
Fire
Dept: n/a
Planning Dept: Concur with the DPW comments
- a time extension of June 1, 2009 is
reasonable.
Police Dept: n/a
Public Works & Water Dept: Considering
that the developer was given approval of the site plan on January 22, 2008 with
a completion date of September 1, 2008 and that none of the contingency work
was completed until after they where notified by the Department of Public Works
in August; I believe that a time extension of June 1, 2009 is reasonable.
B. C. Planning: n/a
A motion to approve the request
for an extension until June 1, 2009 including the department head comments was
made by Mrs. Hysell and seconded by Mrs. Drimak.
Motion Carried - Vote: Yes
– 4 (Drimak, Hysell, Sas, Klish) No
– 0 Absent – 1 (Putman)
Site Plan Review - A La Carte
Realty, Inc.,
The application is a site plan review for a used car
lot. The applicant, Vladimir Postnikov, was present.
Mr. Postnikov stated that he would only be selling
one vehicle at a time but NYS law requires that he have a minimum of 3 spaces
available. The only signage he will be will be his dealership sign which will be
located on the front of the building between the windows on the first floor.
Chairman Klish asked if there would be an office in
the building. Mr. Postnikov stated that yes he would have an office.
Chairman Klish asked if he would be performing
repairs or maintenance at the site. Mr. Postnikov stated that no he would not
be.
Mr. Sas asked if the display spaces would be marked.
Mr. Postnikov stated that they would not be.
Chairman Klish asked if a lease had been signed yet.
Mr. Postnikov stated that yes he did sign the lease already.
Chairman Klish read the Department Head Comments.
DEPARTMENT HEAD
COMMENTS
Code
Enforcement: No impact to this department. No
building code concerns for the office area already existing in the main
structure.
Fire
Dept: N/A
Planning Dept: Approve for only 3 spaces for
display vehicles.
Police Dept: No
Police Department concerns.
Public Works & Water Dept: Will there be signage? If so, where will it be located and what size will it be?
B. C. Planning: Comments not yet received.
Mrs. Drimak asked about lighting. Mr. Postnikov
stated that he is only open until 5pm and will not require additional lighting.
A motion to approve the site plan for
Motion Carried - Vote: Yes
– 4 (Drimak, Hysell, Sas, Klish) No
– 0 Absent – 1 (Putman)
Variances for Setback & Lot Coverage -
The application is a variance to decrease the
minimum required setback from 25ft. to 0ft. and a variance to increase the
maximum allowable lot coverage from 30% to 39.32% for the construction of a
garage addition. The applicant, Richmond Farr, was present.
Chairman Klish stated that the existing fence is not
on the applicant’s property, but is located in the Village’s right-of-way and
will need to be moved per Village Engineer, Bob Bennett as stated in a letter
to Mr. Farr. The proposed addition is already over the property line.
Mr. Farr stated that he has owned the property for
approximately 18 years and the fence has been there for almost 20 years. It was
a wooden fence that he replaced with a vinyl a couple of years ago. He stated that
former Village Code Officer Dale Grassi knew about the fence and appeared to be
ok with it and Mike Sherba, Public Works Deputy Superintendent, became aware of
it when the Village installed new curbs on
Mrs. Hysell asked if the addition would be one story
or two stories. Mr. Farr stated that it would be a one story addition that
would be used for storage and a sitting room in the summer.
Mrs. Drimak asked if the antique furniture he would
be storing is his own or will he be renting the space out to others. Mr. Farr
stated that it would be own items.
Chairman Klish read the Department Head Comments.
DEPARTMENT HEAD
COMMENTS
Code
Enforcement: I recommend denial due to the
following:
• Fence
needs to be on the property and not in the Village right-of-way.
• The overhang of this structure
is over the property line and on the Village’s right-of-way.
•
The structure does not meet NYS Building Codes.
• No
building permit was applied for or granted.
Fire
Dept: N/A
Planning Dept: Recommend denial of variance for
setback. Approve variance for 34.6% coverage without addition.
Police Dept: No
Police Department concerns.
Public Works & Water Dept: Approval of this variance would allow a
violation of § 240-41 of the Johnson City Code which does not allow
obstructions to be placed within the permit area (i.e. street boundary). The
proposed roof overhang is shown as being within the street boundary.
B. C. Planning: N/A
A motion to recommend approval of the area variance
for
Motion Carried - Vote: Yes
– 4 (Drimak, Hysell, Sas, Klish) No
– 0 Absent – 1 (Putman)
A motion to recommend denial of the setback variance
to the Zoning Board of Appeals based on the department head comments was made
by Mr. Sas and seconded by Mrs. Hysell.
Motion Carried - Vote: Yes
– 4 (Drimak, Hysell, Sas, Klish) No
– 0 Absent – 1 (Putman)
Site Plan Review - Dr. Dale
Skrabalak,
The application is a site plan review for an animal
clinic. The applicant, Dr. Dale Skrabalak, was present.
Chairman Klish stated that the Village Board has
granted the required special permit for this project.
Dr. Skrabalak stated that an asbestos survey will be
done.
Planner Golazeski stated that the drainage design is
not shown on the site plan. Dr. Skrabalak stated that he will speak to his
architect/engineer. He also stated that the parking lot will have a 2% grade
and will be graded away from
Dr. Skrabalak expressed some confusion regarding the
sewer line in the rear of the property. Planner Golazeski provided
clarification and stated that the DPW or a private company can trace the line
and make sure there are no blockages. There is a concern that the shed on the
property may have been built over the line and may have damaged it.
Dr. Skrabalak asked about a curb cut on
Chairman Klish asked about the existing driveway.
Dr. Skrabalak stated that the driveway will be for employee parking only. There
will be a guardrail and a small retaining wall.
Chairman Klish asked how the driveway will be
designated for employees. Dr. Skrabalak stated that he could put up a no access
or restricted parking sign.
Chairman Klish asked about the number of clients.
Dr. Skrabalak stated that there will usually be one or two per hour. The
appointments are generally a half hour long.
Mrs. Hysell asked about general signage for the
property. Dr. Skrabalak stated that there would not be any signs on the
building. There will be one sign, low to the ground near the road. He is not
sure if it will be illuminated.
Mrs. Hysell asked about a time frame. Dr. Skrabalak
stated that he plans to be completed by spring. He would like to get the parking
lot area graded this fall so the ground can settle during the winter.
Chairman Klish asked about lighting and hours of
operation. Dr. Skrabalak stated that the hours will be 9am – 7pm. The lights
will be sensor lights that turn on automatically when it gets dark out.
Mrs. Hysell asked about the land in the rear of the
property. Dr. Skrabalak stated that it will remain a field.
Mrs. Hysell asked about drainage into the river.
Planner Golazeski provided an explanation about drainage and advised Dr. Skrabalak
that he will need to talk to Village Engineer, Bob Bennett regarding his
drainage plan.
Chairman Klish read the Department Head Comments.
DEPARTMENT HEAD
COMMENTS
Code Enforcement: The following need to be done:
1) The building will comply with both
NYS Building & Fire Codes and the
2)
An asbestos inspection will be required.
3)
If approved, said property must have a building permit before any demolition or
alterations are to be started.
4)
Detailed, stamped drawings will be issued to this department.
Fire
Dept: N/A
Planning Dept: Adjoin lots. Signs for
handicapped parking per code. Recommend approval.
Police Dept: Recommend
approval.
Public Works & Water Dept:
·
An
RPZ device will be required on the water service. This also includes the execution of NYSDOH
form DOH-347.
·
A
drainage design will be required to ensure that the post development storm
water runoff is less than or equal to the pre construction storm water runoff.
·
There
is no storm drainage and grading plan shown on the site plan.
·
A
Highway Work permit will be required from NYSDOT for the curb work at the
proposed driveway. The Highway Work
Permit is contingent upon Department review and approval of the planning and
design details of the entrance. Sections
5A.4, 5A.6, 5A.7 and 5A.9 of the NYSDOT Driveway Design Policy contain
commercial driveway design requirements which may be useful to consultants
hired by the property owner to plan and design the access to the highway.
·
Questions
concerning this policy should be directed to the NYSDOT Highway Maintenance
Resident Engineer. Names and phone
numbers for the Resident Engineers are provided on the Internet at http://www.dot.state.ny.us/reg/regmenu.html. Click on your location on the state map and
then on the link for “organization, contacts & phone numbers”.
·
The
sanitary sewer for this site is located in the southern portion of the
property. It appears that the existing
shed may have been built over the sewer lateral servicing this property. It is suggested that the sewer lateral be
inspected and if necessary repaired as part of the construction project.
B.
C. Planning: Comments not yet received.
A motion to hold over the application until the
receipt of the storm water plan and the comments from the Broome County
Planning Department was made by Mr. Sas and seconded by Mrs. Drimak.
Motion Carried - Vote: Yes
– 4 (Drimak, Hysell, Sas, Klish) No
– 0 Absent – 1 (Putman)
A motion to adjourn the meeting at 8:15pm was made
by Mrs. Hysell seconded by Mrs. Drimak.
Respectfully submitted,
Diane Salva
Planning Board Clerk