Minutes of the regular meeting of the

Johnson City Zoning Board of Appeals held on

June 9, 2008 at 7:30pm at

243 Main St., Johnson City, NY

 

Present:           Vernon Rowlands, Chairman

                        Robert Deemie

Edward Mazanek

                        Charles Snedaker                   

                        Jeff Jacobs, Attorney

                        Daria Golazeski, Planning Director

 

Absent:            Dr. Steve Holowinski

 

A brief work session was held at 7:00pm.

 

Chairman Rowlands called the meeting to order at 7:30pm.

 

Chairman Rowlands noted the emergency exits.

 

Minutes – A motion to accept the minutes of the March 10, 2008 regular meeting was made by Mr. Mazanek and seconded by Mr. Deemie. The motion carried.

 

Privilege of the Floor – None

 

Communications – None

 

Contingencies - None

 

OLD BUSINESS – None

 

NEW BUSINESS

 

Public Hearing - Area Variance- DMW Services, Inc.- Joe Watson, 36 Third Street

 

The application is an area variance request to reduce the minimum required lot frontage from 60 feet to 45 feet to allow for the conversion of the building from a single family dwelling to a two family dwelling. The applicant, Joe Watson, was present.

 

Chairman Rowlands opened the public hearing.

 

Jim Putman, 9 Endwell St., stated that he has lived at his residence for 40 years and that for the past 15-20 years the property at 36 Third Street has not been used as a two family residence. He feels that the area is not conducive to a two family and there is already a parking problem on the street.

 

Mr. Watson stated that he bought the property at an auction and that it was obvious to him that it was a two family dwelling. He stated that were 6 bedrooms in the building and there was 1˝ bathrooms and a kitchen in the second unit. There was an exterior staircase and a separate, private entrance for the second unit. He needs it to be a two family in order to pay the mortgage. Mr. Watson present the board with copies of a petition he signed by his neighbors in support of his variance request. He also presented a letter from the auctioneer/broker stating that the former owner told them when her late husband purchased the house it was a two family, but they did not use it as a two family.

 

Chairman Rowlands stated that even though it may have been used as a two family at some point in the past, it does not mean that it was a legal two family.

 

Rev. Robert Darling, 28 Third St., asked if it would be possible for Mr. Watson to rent out bedrooms to students like in a rooming house situation. If this were the case, he would rather see the building be used as a two family dwelling.

 

Planner Golazeski explained that students would have to fit the definition of a functional family equivalent and explained what this means.

 

Nancy DePew, 40 Third St., is worried about tenants and asked if the building would be owner occupied.

 

Chairman Rowlands stated that the board cannot require Mr. Watson to live there.

 

Julie Deemie, 153 Zoa Ave., spoke in favor of the variance request and stated that the condition of the property and the rent will dictate the type of tenants.

 

Mr. Watson stated that he requires a $1000.00 deposit and he has a no smoking and no pets policy.

 

Attorney Jacobs explained what a grandfathered use means.

 

Albert Kukol, 406 Main St., spoke about the central JC portion of the Town of Union Comprehensive Plan.

 

Mr. Watson spoke about the negative conditions that he believes are developing in the Village.

 

Julie Deemie spoke about rental properties.

 

Albert Kukol spoke about his home and the lack of single family homes in the central JC area.

 

Greg Deemie, 153 Zoa Ave. spoke in favor of the variance. He feels that if it was a two family in the past it should be a two family now.

 

Theresa (last name unintelligible), 5 Endwell St., spoke against the variance.

 

Greg Deemie spoke about rental units.

 

Nancy DePew spoke about her concerns regarding the possibility of SUNY students and future uses of the property.

 

Chairman Rowlands closed the public hearing.

 

Mr. Manazek asked Planner Golazeski for a clarification on the definition of Function Family Equivalent, which she provided.

 

Chairman Rowlands read the Department Head Comments.

 

 

 

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:               The owner, if passed by the Zoning Board of Appeals, needs to comply with all NYS Building Codes. A building permit with architectural drawings needs to be provided.

Fire Dept:                               Not a good fit for the neighborhood. Dead end street – worried about additional vehicles making it difficult for Fire apparatus to access street. Recommend denial.   

Planning Dept:                      Majority of housing in neighborhood appears to be single family (20). Recommend denial.

Police Dept:                            NCI

Public Works & Water:        If the building is converted from the existing one family to the proposed two family, the building will continued to be supplied with one water meter.                                     

B. C. Planning:                      This department recommends denial of the area variance if it is determined that the house was not built to accommodate two families. The applicant should submit documentation that the house was a two-family house at the time of purchase of the property and building plans to ensure compliance with the Residential Code of NYS.

NYS DOT:                             No concerns or comments.

BC Health Dept.:                   No comments on this project.

JC Planning Board:              Recommends denial of the area variance application based on the concerns of the Department Heads, the fact that the majority of the surrounding neighborhood consists of single family homes and because it is a self-created hardship.

 

Cleo Darling, 28 Third St. asked about what will happen with the property if the variance is denied.

 

Mr. Watson stated that he would walk away from it.

 

Attorney Jacobs reviewed the criteria the board must consider in granting a variance.

 

The Zoning Board decided to hold the application over to the next regular meeting on July 14th.

 

Public Hearing - Area & Parking Variances - David A. Gonen, 135-139 Baldwin Street

 

The application is for an area variance to reduce the minimum required lot size from 10.97 acres to 2.38 acres and a parking variance to reduce the minimum required 344 off street parking spaces to 191 off street spaces. The applicant, David Gonen, the applicant’s engineer, George Haus and Sarah Grace Campbell with Hinman, Howard & Kattell, LLP, the applicant’s attorney, were present.

 

Chairman Rowlands opened the public hearing.

 

Ms. Campbell presented a brief overview of the project. The applicant is proposing a residential conversion of the former Century and Sunrise factory buildings. The Century Building would be converted into 4 one bedroom apartments and 71 two bedroom apartments and the Sunrise Building would be converted into 84 two bedroom apartments for a total of 159 residential units. Both buildings have full basements which will be used for laundry facilities and storage and possibly some sort of work-out room. A small café is proposed on the first floor of the Century building. Mr. Gonen will be investing $3-4 million in the project. The target would not be only students, but open to anyone, with plans to market to the nearby employees of UHS. Ms. Campbell stated that almost no use could meet the existing zoning requirements. They have tried to acquire additional parking but have not had any luck.

 

Julie Deemie, 153 Zoa Avenue, asked about the parking situation and if the applicant might consider a parking permit situation. Mrs. Deemie also questioned the amount of money Mr. Gonen will be investing in the buildings.

 

Ms. Campbell stated that the numbers are just rough estimates right now.

 

Joe Watson asked about the ownership of the buildings. Ms. Campbell stated that they are owned by Wayne Rozen.

 

Chairman Rowlands closed the public hearing.

 

Chairman Rowlands read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:               The following needs to be done: 1) Need detailed, stamped drawings. Buildings will comply with the NYS Building Codes and Village of Johnson City Local Laws before a Certificate of Occupancy will be issued. 2) An asbestos survey needs to be done and issued to this department before a building and/or demolition permit is issued. 3) If approved, said property must have a building permit before any work is to be started. 4) Need to find more parking spaces. The lack of parking encourages illegal parking.

Fire Dept:                               Agree with idea, but need more info., especially regarding parking, to comment.                                                                   

Planning Dept:                      Recommend approval of area variance and special permits. 

Police Dept:                            Point of entry to parking lot is on Baldwin St. Where is point of exit to parking lot?    

Public Works & Water:        A complete utility plan, including drainage, sanitary and water must be submitted. It appears that site is more than one acre. If so, a stormwater pollution prevention plan may be required. Will the household waste be collected by a private hauler? If so, where will the dumpster(s) be located? This site is not served by a separate storm sewer system. The on-site drainage will need to be designed to reduce the amount of stormwater that would enter the sanitary sewer system.

JC Planning Board:              Recommends approval of the area variance to reduce the minimum lot size from 10.97 acres to 2.38 acres. The Planning Board also recommends approval of the parking variance from the minimum required 344 off street parking spaces to 191 off street spaces because it is not a self-created hardship, the proposed use is a good use for the buildings and the applicant is actively looking for additional parking spaces.

 

A motion to approve the area variance to reduce the minimum required lot size from 10.97 acres to 2.38 acres including the department head comments was made by Mr. Mazanek and seconded by Mr. Snedaker.

 

 

Motion Carried - Vote:

Yes – 4 (Deemie, Mazanek, Rowlands, Snedaker)         No – 0          Absent – 1 (Holowinski)

 

A motion to approve the parking variance to reduce the minimum required 344 off street parking spaces to 191 off street spaces because the project is located central to public transportation and including the Department Head Comments, was made by Mr. Mazanek and seconded by Mr. Deemie.

 

Motion Carried - Vote:

Yes – 4 (Deemie, Mazanek, Rowlands, Snedaker)         No – 0          Absent – 1 (Holowinski)

 

The meeting was adjourned at 8:45pm.

 

Respectfully submitted,

 

 

 

Diane Salva

Zoning Board Clerk