Minutes of a regular meeting of the
Johnson City Planning Board held on
September 10, 2007 at 7:30pm at
31 Avenue C, Johnson City, NY
Present: Joanne
Drimak
Gerald
Putman
Leonard
Sas
Beth
Westfall, Village Attorney
Daria
Golazeski, Planning Director
Absent: William
Klish, Chairman
Pamela
Hysell, Vice Chairperson
A brief work session was held at 6:30pm.
Mr. Putman called the meeting
to order at 7:30pm.
Mr. Putman noted the
emergency exits.
Minutes A motion to accept the minutes of the
July 18, 2007 special meeting and the July 24, 2007 regular meeting was made by
Mrs. Drimak and seconded by Mr. Sas. The motion carried.
Privilege of the Floor
Bill Seaman, 7 Banks Ave. Spoke against
the Special Permit for the proposed vet clinic. Mr. Seaman stated that he feels
that the proposed use is misleading and modifications will make it a commercial
venture. He is totally opposed to the application.
Les Gilroy, 4 Banks Ave. Spoke against
the proposed vet clinic. Mr. Gilroy lives directly behind the property where
the vet clinic is proposed. He presented the Planning Board with a detailed
position paper and petition signed by 54 of his neighbors in the immediate area
surrounding the clinic who are also opposed to the vet clinic.
Louis Augostini, 476 Riverside Dr.
Spoke against the proposed vet clinic. Stated that the veterinary clinic is
equated to the medical profession for human beings. A clinic is defined in the
Village Zoning Code as for the care of human ailments not animals. Feels that a
home occupation for a vet clinic is a stretch of the zoning code. Feels that
clinic would be a detrimental change to the character of the neighborhood.
Marie Lukasik, 106 Martin Ave. Spoke
against the proposed vet clinic. Feels that to allow the clinic would set an
unwelcome precedent.
Communications None
Contingencies - None
OLD BUSINESS
Environmental Review Stella Ireland
Road Associates LLC, 90 Lester Avenue
Mr.
Robert Switala and Mr. Frank Dolan, with Bergman Associates were present on
behalf of the applicant.
Mr.
Switala presented a brief overview and update of the proposed project to the
board.
The
site is the former Ranger Paracord industrial site. The site is approximately
15 acres, which will be subdivided into 2 lots, one large lot of approximately
14 acres and one small lot of approximately 1.2 acres. They are proposing a
132,000 sq. ft. retail building with an 8,830 sq. ft. garden center on the
large lot and a 14,000 sq. ft. building on the small lot. The site is zoned industrial.
With the proposed layout no variances are needed. Access to the site will
primarily be via CFJ Blvd. to Gannett Drive.
There will be no access to the site from Market Street and Lake Avenue.
The site can also be accessed via Lester Avenue to Pavilion Road. Truck
deliveries will use the same access road along as the customers then along the
garden center to the loading docks. Regarding landscaping and buffering - they
are planning to extend the existing white vinyl fence that runs along the back of
the Gannett site along their rear property line. At the sidewalk area they will
install a split rail fence and some additional landscaping.
To
handle stormwater runoff, they have developed a system of underground storage
pipes underneath the parking area that will collect the stormwater and will
design control structures allowing the water to release slowly into a 36 inch
main and then into the Little Choconut Creek. This will reduce the peak runoff
downstream by half. They have provided a water quality device to remove any
material and debris before it enters the main. The site where the Wal-Mart
building will sit is the lowest point on the site and they plan to raise this
site by 8 feet. The finished floor elevation will be 852. They have submitted a
stormwater report and a stormwater pollution prevention plan to the Village and
the DEC. They have also submitted their NOI to the DEC and have received
acknowledgment of the NOI from the DEC. They have received and addressed
comments from the Villages Director of Public Services.
Light
spillage - All the light fixtures will be located on the site and it has been
designed so that there is almost no light spillage onto the residential area.
Air
quality they do not believe that air quality will be an issue. The only
possible source of pollution would be from trucks idling. Wal-Mart has a policy
of letting trucks idle for less than five minutes.
Mr.
Switala presented a new rendering of the site to show the aesthetics of the
site.
Mr.
Dolan presented the board with a packet outlining the proposed changes in
traffic patterns at and around the site. He gave an overview of the traffic
study describing existing conditions. They studied 14 intersections in and
around the parcel. These intersections were studied on April 20th
& 21st, April 27th & 28th and June 22nd
& 23rd. They also looked at an additional ten intersections at
the request of the City of Binghamton.
In
consultation with the NYS DOT, the Village of Johnson City and BMTS, the
distribution rate of new traffic to the site is predicted to be 60% coming off
of Route 17, 10% from south on Airport Road, 13% using Lester Avenue from Main
Street, 4% south on Airport Road from Harry L. Drive and 12% coming down Lester
Avenue from Harry L. Dr.
They
examined existing conditions and the primary concerns are on Airport Road
between the Route 17 east bound exit ramp and the CFJ Blvd. and Prospect St.
intersection. The storage lengths for
the traffic in this area are a problem. They propose to widen CFJ Blvd. to
accommodate a new left turn lane east bound on CFJ Blvd. They will also install
a right turn lane on Prospect Street west bound approaching Airport Rd. They
will split phase the traffic signal at this intersection to move the traffic
separately. On Airport Rd., at the eastbound entrance ramp, they will be
putting in an additional northbound left turn lane allowing 2 lanes to turn
left onto the entrance ramp to Route 17 eastbound. Southbound on Airport Rd.
there is an existing right turn lane onto CFJ Blvd. They will be making
improvements to that lane to make sure the large tractor trailers can negotiate
the turn into Gannett Dr. They are also proposing to add an additional
southbound thru lane on Airport Rd. going southbound through the intersection
of CFJ Blvd. On Gannett Dr., currently you can make a left turn onto CFJ Blvd.
and a right turn onto CFJ. Blvd. That will be changed to a right turn only onto
CFJ Blvd. This would allow for a small left turn lane onto Gannett Dr. On
Pavilion Rd. they will do a restriping of lanes. They will be working closely
with the Prospect Fire Department to handle their concerns and to perpetuate
the Pre Emption system for the Department.
They
have received a letter from the DOT accepting their report and the
improvements.
Mr. Sas asked about a crosswalk at the
intersection of Lester Avenue and Pavilion Rd. being not visible to motorists
until it would be too late. Mr. Dolan stated that they will be moving that
crosswalk so it can be seen. Mr. Putman asked about the submittal on new syncro
runs to the DOT. Mr. Dolan stated that these will be submitted.
Mr. Putman asked Attorney Westfall to
provide an update on the Villages recent actions regarding the project.
Attorney Westfall advised that the
Village Board is considering the Special Permit to allow retail sales in an
industrial zone. They have met twice since the last Planning Board meeting and
have conducted their public hearing on the application. They have not voted on
the permit request yet as they are waiting for the Planning Board to conclude
the Environmental Assessment. Attorney Westfall stated that she attended the
meeting with Bergman Associates and the NYS DOT along with Village Planner
Golazeski and Mayor Lewis.
Attorney Westfall advised that there are
still a few open categories on the EAF, mostly dealing with traffic issues, and
she advised the board to wait until the next meeting and to wait for the DOT
response before they address those issues.
The application is for the
subdivision of a lot into 2 lots, one large lot of approximately 14 acres and
one small lot of approximately 1.2 acres.
Mr. Putman opened the Public Hearing. He
advised the audience that the board will not be taking an action on the
subdivision application at this meeting because the EAF remains unfinished.
Carolyn Laskoski, 37 Edwards St. asked
if the store will be open 24 hours a day. Mr. Putman advised that yes is will
be. Ms. Laskoski also asked about the size of the parking spaces. Mr. Putman
advised that the Village Code dictates a minimum size for parking spaces. Ms.
Laskoski asked if it has been determined yet what will be on the second site.
Mr. Putman advised that this tenant has not yet been determined.
Gary Motsavage, 14 Market St., Binghamton
expressed concern about traffic coming from Glenwood Ave. to Downs Ave. to
Market St. and the traffic coming from Binghamton to the site.
Chuck Hemingway, Carpenters Union Local
281 wondering if any consideration has been taken regarding the work on the
future I-86.
Robert Wesler, City of Binghamton
Councilman representing the 2nd District expressed concern over the
lack of attention to traffic coming through the northwest side of Binghamton.
Especially concerned with the intersection of Downs Avenue and Glenwood Rd.,
Emma St., Francis St. at Downs Ave., Lake Avenue to Market St., Emma St. at
Main St. Also concerned with drainage impacts.
Mr. Frank Dolan with Bergman Associates
advised that they did study these areas and the information is in the traffic
report.
Monica Silas, 136 North Broad St.
expressed concern over the future of CFJ Park especially regarding traffic and
air quality. Also has questions regarding the proposed traffic patterns
entering onto Rt. 17 and impacts to the Village sewer system.
John Kolly, Town of Dickinson Planning
Board asked that the Town please be kept advised of any updates regarding the
project. Mr. Kolly also expressed concerns over runoff in the neighborhood.
Mr. Putman advised the audience that
there are currently no plans for any changes to CFJ Park.
Mark Dellapenna, 55 San Marco Dr. Owns
property along the Little Choconut Creek. Expressed concern over the control of
the storm drainage system. Ice builds up in the winter and the pipe gets
obstructed.
Gerald Kane, 188 Corliss Ave. Expressed
concern over the underground pipes and the Little Choconut Creek. Stated that
the pipe used to be cleaned out regularly. It is full of sand and gravel.
Believes that it has not been cleaned out in a long time.
Mike Tugwell, 127 Greenridge St. Expressed
concerns about traffic on Lester Avenue. Asked about directional signage for
traffic coming off of Route 17. Mr. Tugwell asked about fencing alongside the
railroad tracks. Mr. Switala responded that yes there would be fencing along
the railroad tracks. Also asked about the island at the intersection of CFJ
Blvd. and Gannett Dr. Mr. Putman stated that there may be some modifications
there will be a right turn only lane off of Gannett Dr. onto CFJ Blvd. Mr. Tugwell asked if there has been any
communication from Broome Transit regarding routes to the site. Mr. Putman
advised Mr. Tugwell that this is outside of the scope of the boards review and
would be a business decision for BC Transit.
Heather Wilcox, 54 Lake Ave., Binghamton
- Expressed concern with traffic impacts. Lots of people use Market, Lake and
Emma Streets as shortcuts to get to Glenwood Ave. and Main St. Also concerned
with groundwater and flooding. Her neighborhood already suffers from flooding
every time there is a heavy rainfall. A large part of her neighborhood
experienced severe flooding during the flash flooding in November of 2006. She
is also concerned about possible impacts to CFJ Park.
Andrew Thompson, Health Beat Natural
Foods, Main St. Asked about the funding for the road improvements.
Mr. Putman stated that the costs will be
the responsibility of the developer.
Mr. Putman closed the Public Hearing.
The application is for a special permit
for a home occupation for a veterinary clinic at 496 Riverside Drive.
Dr. Dale Skrabalak was present to speak
for the application.
Dr. Skrabalak went through some of the 21
questions in the position paper given to the board by Mr. Gilroy during the
privilege of floor.
For question #1 Is Dr. Skrabalak required to use this property as his primary residence
in order to qualify for the application? Dr. Skrabalak stated that he will
be using the property as his primary residence with a small waiting room and
exam room downstairs. Part of the first floor, the entire second floor and the
basement would be his residence.
For question #2 Dr. Skrabalak states in his application that his current practice sees
patients on an outpatient basis. Does he plan to continue that same practice at
the proposed facility? Dr. Skrabalak stated that yes it will be an
outpatient basis.
For question #3 Does he plan not to board animals at this facility, even on a daily or
overnight basis? Dr. Skrabalak stated that he will not be boarding any animals
or performing any surgery at the site. It is not an emergency clinic.
For questions #4 Dr. Skrabalak states that no walls or fences will be erected. Does he
plan to have any exterior caging or other animal housing structure erected?
Dr. Skrabalak stated that there will be no caging of animals.
For question #5 Dr. Skrabalak describes the hours of his current operation in his
application. What are the hours of operation going to be at this facility? What
limits or restrictions does Dr. Skrabalak have in setting his hours? Dr.
Skrabalak stated that his will be moving his existing clinic from Binghamton to
Riverside Drive. The hours would be the same as the existing clinic currently
has (Tues. & Thurs., 9am 5pm, Wed., 12pm 5pm, Fri. & Sat. 11am 5pm).
For question #6 Dr. Skrabalak indicates he plans to refurbish the property. What are
his plans? Does he plan any exterior construction? Dr. Skrabalak stated
that he plans to keep the dwelling looking like a house.
For question #10 The application states that the corner location of the proposed clinic
affords a parking and traffic pattern that would keep the clients and their
pets away from neighboring properties. a) How will this be accomplished without
have any fences or controlled areas to keep pets contained? b) Are there any
requirements for the patients to keep their pets contained an in control, i.e.
leashes, muzzles, cages, etc. Dr. Skrabalak stated that they will be
providing the required 3 spaces on site. The spaces will be approximately 100
feet from the rear neighbor. The animals they treat are dogs and cats. They do
not treat wild animals.
For question #11 What is the proposed exterior lighting plan for this facility? Dr.
Skrabalak stated that they are only open until 5pm. The only lighting would be
the front porch light during the winter months and the back porch light.
For question #13 Dr. Skrabalak states that the facility is low impact. Can the
difference between low impact and high impact be explained? Dr. Skrabalak
stated the use is as low impact as you can get. He has two part time employees.
For question #15 What types of animals will be treated at this facility? Is there a
limitation as to type and size of the animals? Dr. Skrabalak stated that
the animals are dogs and cats, no emergencies.
For question #17 How will hazardous waste be taken care of (i.e. medical refuse,
carcasses, defecation, etc) both in and around the proposed facility? Dr.
Skrabalak stated that if a dog goes to the bathroom outside, he or one of his
staff will clean it up.
For question #18 What chemicals, if any, will be used, stored and disposed of at the
proposed facility? Dr. Skrabalak stated that he isnt sure what chemicals
are being referred to. He has injectable drugs that are stored in a box and the
NYS Education Department regulates how the drugs are stored.
For question #21 Can Dr. Skrabalak explain the impact the facility will have on noise
and odor pollution? Dr. Skrabalak stated that there will be very little, if
any, odor as this will be his home.
Dr. Skrabalak stated his will be
operating a neighborhood clinic, seeing approximately 10 patients a day and
that he has an excellent track record. The property has been for sale for
years. It is in a deplorable condition. He stated that the current owner has
said that if his application is not approved, the owner will turn the property
into rental units.
Mr. Putman asked about signage. Dr. Skrabalak
stated that he will adhere to whatever the code allows for signage. The code
allows for one sign not to exceed 2 sq. ft.
Mrs. Drimak asked about the number of
patients based on the different hours of operation. Dr. Skrabalak states that
the 10 patients per day is an average. The clinic in Binghamton sees patients
by appointment and walk-ins.
Mr. Putman asked about the hours of the 2
employees. Dr. Skrabalak stated that one only employee works at a time.
Mr. Putman asked about parking for the
employees. Dr. Skrabalak stated that the employee would park in one of the 3
off street parking spaces. There is a chance that someone would need to park on
the street.
Mr. Sas asked how many personal vehicles
Dr. Skrabalak would have at the property. Dr. Skrabalak stated that he and his
wife each have a car and he would have a separate garage and driveway for these
cars.
Code Enforcement: The owner
must provide the following information to use the building as a home
occupation:
HOME OCCUPATION -- An occupation or profession of a service
character conducted within a dwelling by a member of the residing family, which
is clearly secondary to the dwelling use for living purposes and does not change
the character thereof or have any exterior evidence of such secondary use, and
which conforms to the following additional conditions:
(1) The home occupation shall be carried on wholly within the
principal building and shall not cover more than 1/2 the floor area.
(2) Not more than two persons outside the family shall be
employed in the home occupation.
(3) There shall be no exterior display or storage of materials
and no other exterior indication of the home occupation or variation from the
residential character of the principal building.
(4) No offensive, noise, vibration, smoke, dust, odors, heat,
light, or glare shall be produced.
(5) A maximum of three off-street parking spaces shall be
provided.
(6) The home occupation shall not involve wholesaling nor the
storage of automobiles.
Such conversion would require a building
permit. A building permit must be obtained. If approved, said property must
have a building inspection so to verify that the building is in compliance with
NYS Building Codes and the Village of Johnson City Zoning Code.
Fire: Applicant
must prove residency. Building must meet all NYS Fire and Building Codes.
Planning Dept: Applicant must live at house to be
considered a home occupation. Proposal does not seem feasible.
Police: NCI
Public Works:
1.) A double check valve will be
required to be installed on the water service. The plumber may contact the
Water Department for the required Health Department forms that are required.
2.) The site plan needs to show
ingress/egress of the parking lot. The maximum driveway width in a R6 is 24
feet. The property owner will be responsible for any cost associated with
widening the driveway. A street work
permit is required along with an updated site plan. The existing driveway location and width need
to be included on the site plan. The
parking area will need to be graded to drain into the lot and away from the
street.
3.) Will there be a business sign? If so,
where? This should be included on the
site plan.
Water: No
comments submitted
B. C. Planning: No significant countywide or
inter-community impacts associated with the proposed project. The building
renovations must comply with the Building Code of NYS and Fore Code of NYS. In
addition, the Village should ensure that the project complies with all
applicable provisions of the Americans with Disabilities Act. Veterinary
clinics are regulated by the NYS Dept. of Educations, Division of Special
Licensing, telephone 518-474-3817, ext. 210. the application should describe
the types of animals that will be treated at the facility and indicate whether
of not the project involves the storage of refuse, feed or other materials and
whether or not the facility would emit noticeable odors from the site. The
applicant should indicate in the application whether he plans to live onsite.
NYS Dot: No
comments or concerns.
BMTS:
No comments on
the special use permit for this property.
A motion to recommend denial of the
application to the Village Board based on section 274-20 of the Village Zoning
Code, specifically subsections B, C & E and including the Department Head
Comments, was made by Mr. Sas and seconded by Mrs. Drimak.
Motion
Carried Vote: Yes 3 No 0 Absent
2
Area Variance Mark
Dellapenna, 35 Burns Street
No one was present to speak on behalf of
the application. A motion to hold the application over to the next meeting was
made by Mr. Sas and seconded by Mrs. Drimak.
Motion
Carried Vote: Yes 3 No 0 Absent
2
A
motion to adjourn the meeting at 9:05pm was made by Mrs. Drimak and seconded by
Mr. Sas.
Respectfully
submitted,
Diane
Salva
Planning
Board Clerk