Minutes of a regular meeting of the
Johnson City Planning Board held on
June 26, 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
Beth
Westfall, 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
May 22, 2007 regular meeting was made by Mr. Sas and seconded by Mrs. Drimak.
Motion carried by unanimous vote with all members present voting.
Privilege of the Floor
Chuck Hemmingway, Council Representative,
Carpenters Union 281 Binghamton - spoke regarding the proposed Wal-Mart
project and expressed interest in what can be done to keep the work local for
the construction of the building. Chairman Klish stated that the Planning Board
has no control over the issue of whether local or out of town contractors are
used.
City of Binghamton Councilman Bob
Wessler, representing the 2nd district regarding the proposed
Wal-Mart. Mr. Wessler asked about the plans for Market Street and access to
Lake Avenue and what the traffic patterns will be. Attorney Westfall stated
that the Traffic Study is being worked on and an overview of the project will
be presented later during the meeting.
Barbara Thompson, 94 Miriam Street
asked the Planning Board to move the Wal-Mart project from the last spot on the
agenda to the first spot. Chairman Klish stated that the agenda would remain as
it is.
Communications None
Contingencies - None
OLD BUSINESS - None
The application is for a Vegetable/Fruit
stand to be located in the rear building of the property. Hours will be 9am
7pm. No alterations are required to the building.
Mr. Douglas Washburn was present.
Mr.
Washburn stated that the original application had the stand in the back
building, but they would like to have a small tent closer to the road.
Chairman Klish stated that they have a
canopy at the road currently. Mr. Washburn explained that it is a small pop-up
canopy that they take down every night. The goal is not to have a permanent
fixture at the road. Visually people cannot see the stand in the back building
from the road. They are using the building for storage.
Chairman Klish asked Mr. Washburn if his
request is changing from a stand in the rear building to a stand near the road.
Mr. Washburn stated that yes he was changing his request.
Chairman Klish asked about the size of
the tent. Mr. Washburn stated that it would be approximately 20 x 10 because
they need the parking lot for cars and cannot take up to much room. The tent
will take up the second and third parking spaces in the parking lot. It would
be seasonal.
Mr. Putman asked if having the tent near
the road would lead to cars parking on Oakdale Road instead of pulling into the
lot. Mr. Washburn stated that they have been watching the traffic over the past
week ad they do not feel that this will be a problem. They have 18 spaces in
the lot.
Mrs. Drimak asked if there was a
handicapped space. Mr. Washburn stated that yes there was one handicapped space
in the rear of the property.
Mr. Sas asked what days of the week would
the stand be open. Mr. Washburn stated that most likely will be Tuesday
Saturday.
Mr. Sas asked about signage. Mr. Washburn
stated that they have a temporary sign that they take inside every night.
Chairman Klish asked about what they mean
by seasonal. Mr. Washburn stated that they would be open from June August.
Chairman Klish asked if the tent would be
removed at the end of the season. Mr. Washburn stated that yes they would take
it down at the end of the season.
Mr. Putman asked if the application would
need to be reviewed by the department heads again since the application has
changed from being located in a building to a tent.
Attorney Westfall stated that Planner
Golazeski has no concerns with the application as long as the tent is no closer
to the road than the second parking space and all the other comments can be
applied to the revised request. If a building permit is required Mr. Washburn
will need to apply for one.
Mrs. Drimak asked if they have had any
problems with customers exiting the parking lot and turning left because of the
heavy traffic at the intersection of Oakdale Road and Harry L. Drive. Mr.
Washburn stated that they have not had any problems getting out or in of the
lot because they are far enough from the intersection.
Chairman
Klish read the Department Head comments.
DEPARTMENT HEAD COMMENTS
Code Enforcement: If approved, the structure requires a
building permit and must comply with all NYS Building Codes and detailed
drawings are required.
Fire: Recommend
approval.
Planning
Dept: For seasonal use. Recommend approval.
Police: If
a sign is going to be placed, it is to be placed so it does not obstruct view
of motorists exiting driveway.
Public
Works: NCI
Water: NCI
B. C. Planning: N/A
A motion to approve the site plan for a
vegetable/fruit stand located in the rear building of the property at 174
Oakdale Road and also a stand and tent at the front of the property out of the
right of way, with the stand being open seasonally from June through August
with the hours of operation being 9am 7pm, including the department head
comments and the submittal of a new site plan for the tent area was made by
Mrs. Drimak and seconded by Mr. Putman.
Motion
Carried Vote: Yes 5 No 0 Absent
0
Subdivision Calvary Community Wesleyan
Church, 373 Harry L. Drive
The
application is for the subdivision of a 28.8-acre parcel into two parcels, one
parcel being 10.669 acres and the other parcel being 18.131 acres.
Rev.
Gary Sawyer, Pastor of Calvary Community Wesleyan Church, was present.
Rev.
Sawyer explained that the church had purchased the land north of Fairview
Avenue and following the sale discovered that the seller had not subdivided the
property.
Chairman
Klish read the Department Head Comments.
DEPARTMENT HEAD COMMENTS
Code Enforcement: If approved, any buildings on said
property would require a building permit and will comply with all NYS Building
Codes.
Fire: None
submitted.
Planning
Dept: Declare minor subdivision. Future plans
for property must go through the planning process.
Police: NCI
Public
Works: There
are numerous concerns with locating a building on the northeast corner of
Columbia Drive and Fairview Street. A detailed proposed site plan should be
submitted with all the requirements of §274-96 Submission of Site Plan included
on the plan.
Water: Need
more details for comments. Are there any plans available?
B. C. Planning: N/A
A motion to declare the application a
minor subdivision and set a public hearing for Wednesday, July 18, 2007 was
made by Mrs. Hysell and seconded by Mr. Putman.
Motion
Carried Vote: Yes 5 No 0 Absent
0
Area Variance Ivadeben Corporation, 97
& 101 Myrtle Avenue
The
applicant is requesting two area variances for lot frontage and for lot area to
construct two single-family dwellings, one on 97 Myrtle Avenue and the second
one on 101 Myrtle Avenue.
A
gentleman named Benny from Ivadeben Corporation was present. They have an offer
to purchase the property.
Chairman
Klish asked if the houses would have a garage. Benny stated that they would not
have a garage.
Mrs.
Hysell asked about the time frame for construction. Benny stated that they
would start immediately after they receive permission.
Chairman
Klish pointed out that most of the homes in that neighborhood are on lots that
are the same size as the applicants lots, 40 x 120.
Chairman
Klish asked if both of the houses would be the same style and layout. Benny
stated that both houses would be the same.
Chairman
Klish read the Department Head comments.
Code Enforcement: I did go and look at the
neighborhood. I feel that it is consistent with the other neighboring
properties as far as building setbacks. I do not feel the area setback request
is an issue. If approved, the buildings require a building permit and must
comply with all NYS Building Codes. Detailed drawings are required.
Fire: Recommend denial.
Planning
Dept.: Common lot size for original subdivision.
Police: NCI
Public
Works: NCI
for the variance. The developer must coordinate with DPW and Water Departments
for the location of sewer, water and driveways and will be responsible for all
costs associated with the associated installations of the aforementioned items.
Water: New
water line needs to be installed.
A motion to recommend to the Zoning Board
of Appeals approval of the area variance application for 97 and 101 Myrtle
Avenue to construct two one-family dwellings, with a completion date of May
2008, including the department head comments, was made by Mrs. Drimak and
seconded by Mrs. Hysell.
Motion
Carried Vote: Yes 5 No 0 Absent
0
Area Variance John David Dudack, 62
Albany Avenue
The
applicant is requesting an area variance to increase the maximum allowable lot
coverage from 30% to 41% or 589.58 sq. ft. more than the code allows for the
construction of a 3-car garage.
The
applicant, Mr. John David Dudack, was present.
Chairman
Klish asked why a 3-car garage was necessary. Mr. Dudack explained that there
is a lack of available parking on the street. He has 2 cars and a motorcycle
and has been renting a garage for 10 years. He plans on renting out the
apartment at his home and wants to provide an off-street parking space for a
tenant. He has spoken to his neighbors and no one expressed any concerns.
Chairman
Klish stated that most of the garages in the area are single car garages. There
are a few 2-car garages and several homes have no garages.
Mr.
Dudack stated that based on the code he could barely construct a one-car garage
without needing a variance.
Chairman
Klish asked about the possibility of a 2-car garage with a paved parking
space. Mr. Dudack stated that that would
not be acceptable to him. He would like to keep all the vehicles covered. He
considered putting a lift in so he could raise one car in the area and park a
car under it but Planner Golazeski advised him that in this case the garage
would violation the height restrictions.
Mrs.
Hysell asked if drainage would be an issue. Mr. Dudack stated that he does
believe it will be a problem.
Chairman
Klish read the Department Head comments.
Code Enforcement: I did go and look at the
property. I feel that it is consistent
with the other neighboring properties as far as garage or out building
setbacks. I do not feel the area setback request is an issue. If approved, the
building must comply with all NYS Building Codes.
Fire: NCI
Planning
Dept.: Is this the minimum required to
accomplish objective? Seems size permitted without variance is 12ft. x 20 ft.
Police: NCI
Public
Works: More
information is required regarding storm water runoff that will be added with
the addition of the roof and driveway. There could be an impact to the
adjoining properties during large intensity rainfall events.
Water: NCI
A motion to recommend approval to the
Zoning Board of Appeals for the area variance application for a 24 x 24
garage with an uncovered paved parking space was made by Chairman Klish and
seconded by Mr. Sas.
Motion
Carried Vote: Yes 5 No 0 Absent
0
Area Variance Citibank, N.A., by
Davidson, Fink, Cook, Kelly & Galbraith, LLP,
191 Harrison Street
No
one appeared on behalf of the applicant.
A motion to hold the application over to
the July 18, 2007 Special Planning Board Meeting was made by Mr. Putman and
seconded by Mrs. Drimak.
Motion
Carried Vote: Yes 5 No 0 Absent
0
Project Overview Stella Ireland Road
Associates, LLC, 90 Lester Avenue
Mr.
Robert Switala, with Bergman Associates was present on behalf of the applicant.
Mr. Switala presented a brief overview of the proposed project to the board.
The
site is the former Ranger Paracord industrial site. All the buildings on the
site were demolished. 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 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. The Pagoda Pumphouse building
will be relocated by the Village. 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. 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. They have begun a traffic study, received
comments from the City of Binghamton and have met with the NYS DOT and BMTS and
are doing a revised report based on the feedback they received. The loading
will occur in the rear. They do not anticipate noise levels to be a concern to
the residences. They are proposing a 6 ft. high black chain link fence around
the perimeter of the property.
Chairman
Klish asked about a time frame. Mr. Switala stated that they anticipate
completion of the approval process in the fall with construction beginning soon
after. Construction may take 12 months.
A
motion to adjourn the meeting at 8:30pm was made by Mr. Putman and seconded by
Mr. Sas.
Respectfully
submitted,
Diane
Salva
Planning
Board Clerk