Minutes of the regular meeting of the
Johnson City Zoning Board of Appeals held
on
Present:
Robert
Deemie
Dr. Steve Holowinski
Michael
McSain
Beth
Westfall, Attorney
Daria
Golazeski, Planning Director
Absent: Edward Mazanek,
Vice Chairman
The work session was held at
Chairman Rowlands called the meeting to order at
Chairman Rowlands noted the emergency exits.
Minutes
– A motion to accept the minutes of the
Privilege of the Floor – None
Communications –
None
Contingencies
- None
OLD BUSINESS –
None
NEW BUSINESS
Public Hearing
Area Variance – Edward Suer,
The application is for an
area variance to reduce the minimum required rear yard setback for the
construction of a 60’ x 60’ metal building addition.
Mr. Gary Whistle from
Whistle Design was present to represent the applicant.
Chairman Rowlands opened the public hearing.
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. The current tenant wants to expand with an
addition that is identical to their current building. They are requesting the
10 foot variance off of the back of the property because the two buildings will
be sharing a loading dock and to move the new building forward 10 feet would
negatively effect the aesthetic value of the building and would also interfere
with the parking required for the property. It would also be in the way of the
water filtration system requested by Bob Bennett, Director of Public Works.
Chairman Rowlands asked if the size of
the building, 60’ x 60’ is a standard size or an arbitrary size. Mr. Whistle
stated that it is identical to the existing building at the request of the
tenant.
Chairman Rowlands asked about moving the
building forward two feet. Mr. Whistle stated that he could try that and move
the wall forward and build more dock in the area.
Mr. McSain asked about the time frame for
getting the land from NYS. Is a year and a half set in stone? Mr. Whistle
stated that it’s not set in stone. It has been his experience in the past that
a year and a half is about the average time it takes. The state should not have
any concerns because this is grassland between buildings. There is no effect on
the public and there is plenty of room for the state to access the creek for
maintenance.
Chairman Rowlands asked if the applicant
would accept a temporary easement. Mr. Whistle stated that they would accept a
temporary easement.
Chairman Rowlands closed the public hearing.
Chairman Rowlands 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
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
JC Planning Board: Recommend
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.
A motion to approve the area variance including the
department head comments and a two-year time limit, whereby if the applicant
does not receive the additional land requested from NYS, he must return to the
Zoning Board, was made by Dr. Holowinski and seconded by Mr. Deemie.
Motion Carried Vote: Yes – 4 No
– 0 Absent – 1
(Mazanek)
Public Hearing
Area Variance – Mohammad Majeed,
The application is for three 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. and a
parking variance.
Chairman Rowlands opened the Public Hearing.
Robert Donnelly,
Mr. Donnelly stated that according to their attorney, Steve
Atkinson, the property is on the tax rolls as a two family dwelling. It has two
kitchens, two bathrooms, two electrical panels and two meters. There is a paved
parking area in the back of the property with room for three parking spaces
that would require the removal of a fence.
Chairman Rowlands stated that four off street parking spaces
are required for this property. Mr. Donnelly stated that they could add a
fourth space if needed.
Attorney Westfall asked how much grass area would be left in
the rear of the property if a fourth space was added. Mr. Donnelly stated that
approximately 40 feet would be left. Dr. Holowinski stated that if this was the
case then the parking variance would not be needed. Chairman Rowlands and
Attorney Westfall confirmed that the parking variance would not be needed.
Chairman Rowlands asked if the house was currently occupied
as a one-family dwelling. Mr. Donnelly stated that the house is vacant. It was
condemned.
Chairman Rowlands closed the Public Hearing.
Chairman Rowlands 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.
JC Planning Board: Recommend
approval 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.
A motion to approve the area variances to reduce the lot
frontage from 60 feet to 40 feet and to reduce the lot area from 6,000 sq. ft.
to 4, 680 sq. ft., there are to be four off street parking spaces located in
the rear of the property and including the department head comments was made by
Mr. Deemie and seconded by Mr. McSain.
Motion Carried Vote: Yes – 3 No – 1 (Rowlands) Absent – 1 (Mazanek)
The meeting was adjourned at
Respectfully submitted,
Diane Salva
Zoning Board Clerk