Minutes of the regular meeting of the

Johnson City Zoning Board of Appeals held on

October 29, 2007 at 7:30pm at

243 Main St., Johnson City, NY

 

Present:            Vernon Rowlands, Chairman

                        Edward Mazanek, Vice Chairman

Robert Deemie

Dr. Steve Holowinski

                       

                        Jeff Jacobs, Attorney

                        Daria Golazeski, Planning Director

 

Absent: Michael McSain

 

The 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 August 13, 2007 regular meeting was made by Mr. Deemie and seconded by Mr. Mazanek. The motion carried.

 

Privilege of the Floor – None

 

Communications – None

 

Contingencies - None

 

OLD BUSINESS – None

 

NEW BUSINESS

 

Public Hearing

Area Variance – Mark Dellapenna, 35 Burns Street

 

The applicant is requesting an area variance to decrease the minimum required lot frontage for a two- family dwelling from 60 feet to 55 feet.

 

The applicant, Mr. Mark Dellapenna, was present.

 

Chairman Rowlands opened the public hearing.

 

Mr. Dellapenna explained that he intends to use the house as a two-family dwelling and needs to get a five-foot variance.

 

Chairman Rowlands closed the public hearing.

 

Chairman Rowlands read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:    We have no records on file showing the conversion from a single family to a two family. Department of Public Works (trash pickup) and the Clerk’s Office (water billing) shows the building to be a single family. 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 Dept.:                  Building needs to meet the code requirements for a two family house. No attic

                                    or basement habitation.                                    

Planning Dept:           Overall lot size more than adequate for a two family.

Police Dept.:               NCI

Public Works:             NCI                

Water Dept.:              (No comments submitted)                                            

B. C. Planning:           No significant countywide or inter-community impacts with the proposed project.

NYS DOT:                  No comments or concerns.

BMTS:                       No comments on the area variance request.

NYS Health Dept.:     No comments

JC Planning Board:    Recommend approval.

 

A motion to approve the area variance to reduce the minimum required lot frontage to by 5 feet to 55 feet including the Department Head Comments, was made by Mr. Mazanek and seconded by Dr. Holowinski.

 

Motion Carried Vote:    Yes – 4            No – 0             Absent – 1

 

Public Hearing

Area Variance – JC Town Center Associates, LLC, 420 Harry L. Drive

 

The application is an area variance to increase the maximum allowable square footage for an advertising sign.

 

Mr. Rick Pastore with McCann Development was present on behalf of the applicant. Mr. Pastore explained that the need for a larger sign is due to the approximately 50,000 sq. ft. of retail space they recently constructed on the site. The new tenants need to be included on the pylon sign.

 

Chairman Rowlands asked about the viewing distances. Mr. Pastore stated that the photos were taken from Harry L. Drive. There is a software program that data such as the height of the sign is put into and the program will tell you what the sign will look like from a specific distance. The new sign will not be any higher or wider than the current sign is. It will also include a planter box, which will add some life to the area.

 

Chairman Rowlands asked if the sign will be illuminated. Mr. Pastore stated that yes it will be.

 

Chairman Rowlands asked how they arrived at the specific sizes for the individual tenants signs. Mr. Pastore explained that it is spelled out in the various agreements and contracts with the tenants. Toys R Us, as the former owner of the land, has an agreement that their sign is always on top. Christmas Tree has an agreement that no sign can be bigger than theirs, etc.

 

Chairman Rowlands asked about the hours the sign will be illuminated. Mr. Pastore is unsure what time the sign would turn off. The board had a brief discussion about hours of illumination.

 

Chairman Rowlands closed the Public Hearing.

 

Chairman Rowlands read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:    No Comment. Owner needs to apply for a sign permit if approval is granted.

Fire Dept.:                  Recommend approval.                                                 

Planning Dept:           Toys R Us sign would be considered advertising sign, which is 93.75 sq. ft. and

                                    prior conforming sign before subdivision of parcel. Rest of signage would be

                                    281.25 sq. ft. proposed verses 150 sq. ft. allowed by code. I feel that a directory

                                    sign would be important for this plaza.

Police Dept.:               No comments submitted.

Public Works:             No comment on variance request.

Water Dept.:              NCI    

JC Planning Board:    Recommend approval of the area variance.                  

 

A motion to approve a minimum area variance of an additional 143.6 sq. ft. bringing the total size of the sign to 365 sq. ft. and including the department head comments was made by Mr. Deemie and seconded by Mr. Mazanek.

 

Motion Carried Vote:    Yes – 4            No – 0             Absent – 1

 

Public Hearing

Area Variance – Dr. Prasad & Dr. Peri, 180 Harry L. Drive

 

The application is an area variance request to increase the number of business signs allowed from 2 to 3 signs.

 

Ms. Monica Silas, Medical Practice Manager, was present to represent the applicant.

 

Chairman Rowlands opened the Public Hearing.

 

Ms. Silas explained that they are requesting a variance to add a third sign to the building. There would be two illuminated signs, one on the east side and one on the west side of the building and leaving the lettering on the front of the building.

 

Chairman Rowlands asked why the new signs were needed. Ms. Silas explained that some patients have had a hard time finding the building with the current signage.

 

Chairman Rowlands closed the Public Hearing.

 

Chairman Rowlands read the department head comments.

 

DEPARTMENT HEAD COMMENTS

 

Code Enforcement:    No Comment. Owner needs to apply for a sign permit if approval is granted.

Fire Dept.:                  Recommend approval.                                     

Planning Dept:           Signage allowed on site is 210.75 sq. ft. Proposed signage is 24.34 sq. ft. Proposal seems to be minimal.

Police Dept.:               No comments submitted.

Public Works:             No comment on variance request.

Water Dept.:              NCI                

JC Planning Board:    Recommend approval of the area variance.      

 

A motion to approve the area variance for signage as it is the minimum variance required to accomplish the purpose and including the department head comments was made by Mr. Mazanek and seconded by Dr. Holowinski.

 

Motion Carried Vote:    Yes – 4            No – 0             Absent – 1

 

The meeting was adjourned at 7:55pm.

 

Respectfully submitted,

 

 

 

Diane Salva

Zoning Board Clerk