PLANNING BOARD MEETING MONDAY AUGUST 13, 2012 PLANNING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK 13901 PRESENT: ALSO PRESENT: ABSENT: Ms. Cynthia Paddick, Chair Ms. Snyder Messrs. Donnelly, & Bernard Edwin C. Gent, P.E., Town Engineer Russ Hemedinger, Councilperson Thomas Geisenhof, Code Enforcement Messrs. Warren & O Day The meeting convened at 7:00 p.m. at which time Ms. Paddick called the meeting to order and welcomed the audience. Ms. Paddick read a statement which explained how the Planning Board members are appointed, along with the Board s functions, limitations and duties. Ms. Paddick noted that the reading of this statement not only informs the audience about the Planning Board, but it also reminds the Board members of their responsibilities. APPROVAL OF THE MINUTES - Approval of the July 9, 2012, Planning Board Meeting. A motion was made by Mrs. Snyder, seconded by Mr. Bernard, to approve the Minutes of the July 9, 2012, Regular Meeting. ROLL CALL: AYES 4 NAYS 0 ABSENT 1 NEW BUSINESS - CHENANGO AMBULANCE SERVICES, INC. Jeffery Allen 83 Chenango Bridge Rd. TM#112.22-3-7 Application for site plan review. Mr. Gent, Town Engineer, has reviewed the applicant s request to construct a building for the Chenango Ambulance Service. The proposed facility is an 8300 sq. ft. building to house the ambulance service and related accessory service. The facility will be constructed on the corner of Woodland Rd. and Rte. 12A. Upon reviewing the submission drawings there are a number of concerns which need to be 1.
addressed by the applicant and explained in writing. Below are the items. - Storm water control measure required by Chapter 57B of the Town code. This will require flow reduction, control of storm water leaving site, etc. - Although less than 1 acre, a storm water erosion and sediment control plan should be submitted. - The site plan is based on a datum of 100.00. This needs to be converted to the USGS datum and compared to flood plan drawings and the 100 yr. flood elevation for this area. - Description of storm water retention, reduction, etc. - Article 73-28 final development plan items A1-13 a narrative response submission. - Parking and loading space per Article VI of Town ordinance. - Dumpsite location and protection. - Is there to be a building sign? - Landscaping design layout on site and at property lines. - How will off site flow be controlled to protect Woodland Rd. properties. - Site lighting? - As there is a second floor, why no elevator to meet accessible requirements. - Rte. 12A access highway work permit DOT. This is a Type II action under SEQR the environmental and storm water issues are concerns to be addressed. The Planning Board should delay action until the above items are properly responded to and meet the Town requirements. Mr. Geisenhof, Ordinance Office, recommends that upon satisfactory clarification of the Town Engineer, NYS DOT, and BMTS concerns the office recommends approval for the construction of the new ambulance service with a Flood Plain Permit, Building Permit and Sign Permit be required. The applicant, Jeffrey Allen, and Michael Sinniger, Engineer, for the Chenango Ambulance Service were present. Mrs. Paddick, Chairperson, explained to the applicant and engineer that the Town s Engineer had several concerns with regards to this application. The first one on the list was storm water control. Mr. Sinniger, Engineer for the project, explained that all the roof drains would be drained via a pipe towards the storm sewer. The site will have porous asphalt which will allow the water drain/soak through the pavement. The site soil is primarily gravel. Mr. Gent, Town Engineer, wanted to know if the existing catch basin and pipe could handle the runoff. Have they talked with the Town Highway regarding this? The site plan that was provided does not show the pipe size. 2.
Mr. Sinniger explained that he has not talked with the Town Highway but he will. By having porous asphalt there should be no drainage problems. Mrs. Paddick, Chairperson, wanted to know if they had a storm water erosion and sediment control plan in place. Mr. Sinniger explained that they will have silt fence along the west side and portions of the south and north side of the property. He passed out a new site plan showing the sediment & erosion control. Mrs. Paddick, Chairperson, wanted the engineer to address the site plan with regards to the USGS datum and if it s been compared to the flood plan drawings/100 year flood elevation for this area. Do they have a flood elevation certificate at this time? Mr. Allen explained that they do have a letter regarding the flood elevation. He gave the letter to Mr. Gent. Mr. Gent, Town Engineer, explained that this letter was from the bank letting the borrower know that federal flood insurance was available. The letter had nothing to do with the elevation of the site or building. Mrs. Paddick, Chairperson, wanted to know if the engineer had a description of the storm water retention reduction the Board was looking for this in writing. Mr. Sinniger explained that they would be using the existing catch basin along with the porous asphalt. Mr. Gent, Town Engineer, explained he was concerned about the other buildings on the other side of Woodland Rd. specifically the dental office. Mr. Brian Donnelly, Board Member, wanted to make sure that the catch basin could handle the rain runoff as much of the site will be either building or asphalt. Mr. Sinniger explained that the type of payment being used allows the rain to drain down there should be little runoff. Mr. Gent, Town Engineer, wanted to know why the application didn t address the final development plan Article 73-28 items A1 13. Mr. Allen explained that his letter of intent did so. Mr. Gent, Town Engineer, explained that each item needed to be addressed in letter format explaining each number. 3.
Mr. Sinniger understood and will submit what was required. Mr. Gent, Town Engineer, wanted to know about the parking specifically loading space. Site plans usually show the number of parking spaces, loading/delivery spaces and size of the spaces. Based on the square footage of the building the number of parking spaces are determined. This site plan does not indicate them. Mr. Sinniger explained that this is a municipal building so there are no deliveries; therefore, it was not indicated. Mr. Gent, Town Engineer, then asked when the additional information is submitted please state that no delivery parking spaces will be required. Mrs. Paddick, Chairperson, wanted to know the dumpster location and if there was screening around it. Again, the site plan does not indicate. Mr. Allen explained they will be using trash cans. Mrs. Paddick, Chairperson, wanted to know about the sign. She sees where there is one ground sign between the flag poles but is there any more. Mr. Allen explained there would be two signs a ground sign with changeable copy and a building sign (over the bays) Mrs. Paddick, Chairperson, wanted to know what Mr. Allen meant about changeable copy. Was it a L.E.D. sign. Mr. Allen explained the bottom portion uses vinyl letters to create words. Mrs. Paddick, Chairperson, wanted to know more about the landscaping were they leaving any of the trees and would there be any grass or plantings around the building. Mr. Allen explained that there are currently trees in the rear and along the one neighbor s driveway they are staying. There will be pine trees along Woodland Rd and Rte. 12A. There will be a grassy area by the medical building. Mrs. Paddick, Chairperson, wanted to know about the site lighting. Mr. Sinniger explained that the only lights at this time will be wall packs on the building. Mrs. Paddick, Chairperson, sees that the building is two story where is the elevator. 4.
Mr. Sinniger explained that since the building is less than 3,000 sq. ft. no elevator is required per NYS Building Code. Mrs. Paddick, Chairperson, wanted the applicant/engineer to know that NYS DOT has made comment regarding the driveway on the plans. Per NYS DOT the driveway width exceeds the standards contained in the Policy and Standards for the Design of Entrances to State Highways and the driveway width must be reduced. Also, a Highway Work Permit must be obtained from the DOT prior to the commencement of work in the state right-of-way. Mr. Sinniger explained that they were using the existing curb cut. Mrs. Paddick, Chairperson, gave Mr. Sinniger her copy of NYS DOT s letter and told them the driveway width must be reduced. Mr. Gent, Town Engineer, wanted to readdress the wall pack lights. The building plan does not show wall packs or indicate the foot candle levels as not to shine on the neighbors. Mrs. Paddick, Chairperson, then went over all the items that were missing at this time. They need to address all the items in Mr. Gent s letter and submit them to the Ordinance Office. Mr. Geisenhof, Ordinance Office, is concerned about the trees being planted on the corner of Woodland Rd. and Rte. 12A. This parcel has two fronts and they need to have clear space on that corner. Section A75-15 Sight Triangles. Visibility for traffic safety shall be provided within the triangles formed by the outside boundaries of intersecting right-of-way lines and a diagonal line connecting points in each right-of-way line, said points being 60 from the intersection of the outside boundaries of right-of-way lines. No obstacles, including but not limited to fences, walls, hedges, or other landscaping, shall be permitted. Mr. Bernard, Board Member, wanted to know if Finger Lakes Construction would be hiring local workers for the job. Mr. Allen explained that he was not sure. Finger Lakes Construction is based in Homer, NY. Dave Burkhart, 4 Leonard Ln., questioned how the porous asphalt worked. He has an asphalt driveway and in the winter when there s a rain/ice storm the water freezes on the drive. Any additional rain runs off the ice onto the side. Mr. Gent, Town Engineer, explained how in New Hampshire they have done extensive research on porous asphalt. By having the material below the frost line the soil temperature is actually about 55 degrees which keeps anything snow or ice on the surface wet so it soaks down through. Mrs. Snyder, Board Member, wanted to know why so many bays and what were they using the community room for. Were they going to rent the space? 5.
Mr. Allen explained that they are crowded at the current space. They have four vehicles leaving two bays open. One might be used for maintenance of vehicles and the remaining is for future expansion. They might rent the community room, but they plan on having CPR classes, 1 st Aid classes etc. There being no further discussion, a motion was made by Mr. Donnelly, seconded by Mrs. Snyder, to Table and rescheduled for September 10, 2012 for this Site Plan Review for the Chenango Ambulance Service as additional information is required. ROLL CALL: Ayes 4 Nays 0 Absent - 1 ADVISORY OPINION/REFFERALS - BEVERLY A. SMALES 22 Wightman Dr. TM#112.07-1-18 Application for a Use Variance to allow a recreational vehicle in front of the principal use. Mr. Gent, Town Engineer, has reviewed the applicant s request for a Use Variance to allow a recreational vehicle in front of the principal use. The applicant indicated that the trailer will be only parked there during summer months, it will be off site the other months of the year. The older town residential lots are narrow (less than 75 ) which makes use difficult in some instances because of land and lot restriction, this lot has a storm drainage problem on the left side and a narrow back yard. This is a Type II action under SEQR. Due to the site conditions a favorable advisory be given. Mr. Geisenhof, Ordinance Office, recommends that the Planning Board forward a favorable advisory to the ZBA to allow a recreational vehicle in front of the principal use for the summer months. Mr. Bernard, Board Member, wanted to know if the applicant was going to hook up the recreational vehicles septic to her house, and if anyone would live in it while it s parked out front. Mrs. Smales explained that no one would live in it so no to the septic being hooked up. The vehicle is stored at Whitney Point Fair Grounds during the winter months (mid October to May). From May to October she uses the camper about four or five times visiting family and friends. Mr. Gent, Town Engineer, wanted to know specifically when she d put the camper in for storage. Mrs. Smales explained that the groundskeeper at Whitney Point Fair calls her letting her know she must remove the camper by a date in May and again in October. It is different each year and they only give her a couple of days to remove and bring back, so she can t give a specific date. 6.
There being no further discussion, a motion was made by Mr. Bernard, seconded by Mr. Donnelly, for a favorable advisory to the Zoning Board of Appeals for this Use Variance to allow a recreational vehicle in front of the principal use with the condition that no one resides in the recreational vehicle and only be allowed from May through October. ROLL CALL: Ayes 4 Nays 0 Absent - 1 - ROBERT J. BENZI- 310 Wilson Hill Rd.- TM#093.04-1-6 Application for an Area Variance to allow an accessory building in front of the principal use. Mr. Gent, Town Engineer, has reviewed the applicant s request for an Area Variance to allow an accessory building (16 x 20 ) in front of the principal use. The applicant proposes a 16 x 20 storage building in front of the principal building. The building will be set back 140 from the road. Do to site conditions, well and septic on one side and steep slope, and natural buffering (wood lot); this appears to be the best location and not obtrusive to the neighbors. This is a Type II action under SEQR. Approval is recommended. Mr. Geisenhof, Ordinance Office, recommends that the Planning Board forward a favorable advisory to the ZBA to allow an accessory building in front of the principal use. There being no further discussion, a motion was made by Mrs. Snyder, seconded by Mr. Bernard, for a favorable advisory to the Zoning Board of Appeals for this Area Variance to allow an accessory building in front of the principal use. ROLL CALL: Ayes 4 Nays 0 Absent - 1 - PROPOSED LOCAL LAW #2 & #3 Advisory to the Town Board. Mrs. Paddick, Chairperson, explained briefly what Local Law 2 & 3 were. Local Law 2 is a road preservation law, and Local Law 3 is a moratorium within the Town on natural gas and/or petroleum exploration, extraction and support activities. She explained that this Board was asked for an advisory regarding these local laws. This is a pretty important law to act on as it encompasses the entire town. She is hesitant on having the Board make any comments on these laws for several reasons. The members received them just a few days ago and even though she s read the laws a few times she wants more time to research. Also, two Board members are absent tonight and finally there is no 239 Broome County remarks. Anonymous male, wanted to know where to get copies of the local laws. 7.
Mr. Hemedinger, Town Board Member, explained that you can get a copy from the Town Clerk s office just FOIL it. Mr. Perkus, 1617 NYS Rte. 12, wanted to know if they could have the information by e-mail. Mr. Hemedinger, Town Board Member, said yes. Mrs. Lacey, 656 Oak Hill Rd., wanted to know the reason why the Town Board is considering the moratorium. Mr. Hemedinger, Town Board Member, explained that the Town Board is not sure when NYS DEC will allow gas extraction. They want to address certain key items like the roads, noise, and lights plus the comprehensive plan. There are many timetables involved when a law is enacted. We just want some time to research and have things in place. Mrs. Smales, 22 Wightman Dr., wanted to know the meaning of moratorium. Mr. Hemedinger, Town Board Member, explained that it basically prohibits certain activities for a specific/set period of time. Mr. Bernard, Board Member, explained he wants to do the right thing. He didn t think this Board would be involved with this. He may be recusing himself on these local laws. Mrs. Paddick, Chairperson, due to the lateness of receiving these laws she does not feel comfortable making comment at this time. Mrs. Lacey 656 Oak Hill Rd., explained that she spoke to the former supervisor (Mrs. Turna) a while ago and she (Mrs. Turna) felt that if a Board Member recued themselves from voting they were taking away a vote. She (Lacey) feels that Mr. Barnard should not abstain from voting. Mr. Hemedinger, Town Board Member, explained that any Board Member can talk with the Town Attorney to see if there is a conflict or not. We do have an alternate on the board so if necessary we will ask that member to vote or make comment. Anonymous male, had a quick question this is a temporary ban then at the end of a time span it becomes a permanent ban? Mr. Hemedinger, Town Board Member, explained that this proposed law has an expiration 12 months from when it s adopted. Anonymous male, what happens if at the time it expires the board has not made a decision. Mr. Hemedinger, Town Board Member, the Town Board will make a decision. 8.
Mrs. Schotanus, 369 Port Rd., wanted to know that if this board tables this tonight to vote on next month and before the next meeting the state says it s okay to drill what does that do to the proposal? Mrs. Paddick, Chairperson, this law goes to the town board for a public hearing. This board will meet again before the town board meets. The final decision is the town board we only give a recommendation. Mrs. Schotanus, 369 Port Rd., if the state says it s okay to drill will this law still be discussed and passed? Mr. Hemedinger, Town Board Member, yes. A motion was made by Mrs. Snyder, seconded by Mr. Donnelly, to Table the advisory to the Town Board for proposed Local Law # 2 and # 3 and reschedule the Advisory for the next Planning Board meeting on September 10, 2012, so that Board Members can research the local laws, receive the 239 from Broome County, and have all Board Members present. ROLL CALL: Ayes 4 Nays 0 Absent - 1 Mrs. Aleta Kinne, 891 Castle Creek Rd. is not clear about this but this moratorium puts the Town at risk for a lawsuit as there are many landowners that have leased their land. Please reconsider. Mrs. Gonz, 25 Frederick Rd., responding to Mrs. Kinne your just as likely to get a lawsuit from the resident as from a landowner. You need to look beyond that be bold you can get lawsuits from either side. Mrs. Paddick, Chairperson, explained that she d take two more questions from the audience at this time and for those who spoke to please write your name on this sheet of paper. Thank you. Mr. Burkhart, 4 Leonard Ln., there is no precedent for a lawsuit. A moratorium is temporary. Can someone sue they can sue for anything. Can they win probably iffy. A ban is different. We ve sought legal advice on this question; as we have a protected view. I m sure this wouldn t be coming to this board if Don Walls wasn t involved or reviewed it. So, I think he s thought about that question already (lawsuit). DISCUSSION - Schedule scoping meeting for Comprehensive Plan Update. 9.
Mr. Hemedinger, Town Board Member, explained that the Town Board is looking to update the current Comprehensive Plan. There are things that have come up that the Town Board wants to have updated. The current Planning Board members sat in on the last update. They had one additional meeting per month. The Town Board would like this board to start the update in September, so what day during the week are they available. After discussing this, the board decided that the fourth Monday of each month would be the comprehensive plan meeting. The meetings will be published and on our website. We will also have an individual from the town to participate with the update. He (Russ Hemedinger) will also be at the meetings. This board also has the survey that was sent. We will need to update this survey and again mail it out to businesses and to random residents. Broome County has said they will assist us as they did in the past. As for why there are some things happening. One of the items is the possible rezone of Upper Front St. Other items are the current noise ordinance, and possibly a lighting ordinance. ADJOURNMENT There being no further business before the Board, a motion was made by Mrs. Snyder, seconded by Mr. Donnelly, to adjourn the meeting at 8:20 p.m. Respectfully submitted, Nancy Schnurbusch, Recording Secretary 10.