MINUTES TOWN OF HORSEHEADS PLANNING BOARD MEETING August 2, 2017

Transcription

1 MINUTES TOWN OF HORSEHEADS PLANNING BOARD MEETING August 2, 2017 A regular meeting of the Planning Board of the Town of Horseheads, County of Chemung, and the State of New York was held at the Town Hall, 150 Wygant Road, Horseheads, NY on the 2nd day of August, 2017 at 7:00PM. MEMBERS PRESENT: Heather Davis, Joe Atkinson, Roxanne Mark, Tom Jansen, Tom Skebey, William Dominikoski MEMBERS ABSENT: Tom Nagle OTHERS PRESENT: John P. Mustico, Town Attorney; Cathy Wood, Secretary; Tom Dobrydney, of Fagen Engineers, representing Bella Faccia & Glad Tidings Church; Jay Parmenter, MBI/Upstate Commercial; Brenda Knoll, Resident CALL TO ORDER: Chairperson William Dominikoski called the meeting to order at 7:00pm. MINUTES: A motion to accept the minutes, of the July 5, 2017 meeting, was made by Board Member Joe Atkinson and seconded by Board Member Roxanne Mark. All were in favor. CORRESPONDENCE: None OLD BUSINESS: A. #858, Upstate Commercial Properties/Jason Parmenter, Level Acres Rd Final Site Plan Review Addition to Truck Garage Jason Parmenter appeared to discuss the project. The Chemung County Planning Board recommended project return for local determination. The Board reviewed and discussed all eleven (11) questions of Part 2 of the SEQR. The response to each question is as follows: 1. No, material conflict with the adopted land use plan or zoning regulations. The project site is zoned Business and is a permitted use under the existing zoning ordinance. 2. No, the project, new building, is consistent with use. The building addition will have minimal/small impact upon the land use. 3. No, will action impair the character or quality of the existing community. The project may improve the existing community. 4. No, action will have an impact on the environmental characteristics that caused the establishment of a Critical Environment Area (CEA). There are no CEAs located in Chemung County. 344

2 5. No, action will result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway. The level of service will have minimal/small impact upon the community. 6. No, action will cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities. The new building must meet New York State s energy code requirements. 7. No, action will impact existing public or private water supplies or public or private wastewater treatment utilities beyond the current ability of the suppliers to accommodate. Minimal/small. 8. No, impact on the character or quality of important historic, archaeological, architectural or aesthetic resources. 9. No, adverse impact upon natural resource. No wetlands in the area. 10. No, increase in the potential for erosion, flooding or drainage problems. All drainage must be kept on property during and after construction. 11. No, action would create a hazard to environmental resources or human health. Part 3 of the SEQR is the Lead Agency s determination of significance summary. As a result, of the discussion of Part 2 of the SEQR, the Planning Board determined, based on the information and analysis above the proposed action will not result in any significant adverse environmental impacts. Chairman Bill Dominikoski check marked the appropriate box, signed and dated the SEQR, August 2, This project was classified as an unlisted action by the Planning Board in accordance with the State Environmental Review. It will not have any significant adverse environmental impacts. RESOLUTION #13 OF 2017 RESOLUTION APPROVING PROJECT #858, UPSTATE COMMERCIAL PROPERTIES/JASON PARMENTER, LEVEL ACRES RD FINAL SITE PLAN REVIEW ADDITION TO TRUCK GARAGE Motion by: Board Member Joe Atkinson Seconded by: Board Member Roxanne Mark WHEREAS, Christopher Mix, of Mr. Bult s, Inc., by submission of SEQR, received June 28, 2017 and Site Plan (Survey Map) titled, Level Acres Drive LLC, dated June 26, 2017, also received June 28, marked received as A, made application for Site Plan Review, construction of a 35 foot addition, for Upstate Commercial Properties, Jason Parmenter, Level Acres Rd, and WHEREAS, Jason Parmenter appeared before the Town Planning Board on July 5, 2017 and a discussion was held regarding Site Plan Review of a 35 foot addition to the rear of the existing 3 bay truck garage, and 345

3 WHEREAS, zoning is business and Upstate Commercial currently has a special use permit for automotive repair, and WHEREAS, on July 6, 2017 a referral to the Chemung County Planning Board was sent, and WHEREAS, on August 1, 2017, the Chemung County Planning Board s recommendation was to return for local determination, and WHEREAS, Jason Parmenter appeared before the Planning Board on August 2, 2017 and a discussion was held, and WHEREAS, on August 2, 2017, after review of the SEQR, the Planning Board, as lead agency, has determined the project is an unlisted action and will not have a coordinated review pursuant to Part 617, Article 8 (SEQRA) of Environmental Conservation Law and project will not have a significant adverse environmental impact. A negative declaration is issued for project, and WHEREAS, The Planning Board duly considered the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Planning Board of the Town of Horseheads, approves the plan as the Final Site Plan, Site Plan (Survey Map) titled, Level Acres Drive LLC, dated June 26, 2017, marked received as A, with amendment or modification except as authorized by the Board. AYES: (6) Davis, Atkinson, Mark, Jansen, Skebey, Dominikoski NAYES: (0) B. #852, Bella Faccia Construction, Rockwell Ave. Preliminary Plat 44 Lot Subdivision Tom Dobrydney, of Fagen Engineers, appeared to discuss the project. Tom D. began the discussion by handing to Board Members a copy of the soil test results, titled Phase II Environmental Site Assessment, dated July Basically, as a result of the testing, certain contaminants appeared in the soil. The readings were above the NYS Department of Health acceptable limits for construction in a residential area. Because of these findings, the NYS Department of Health will now be involved and more investigation is necessary before the project can continue. Discussion included location of the testing, type of testing and the possible causes of the soil contamination. Also, because of the test results, this was reported as a spill to DEC. This project will carry to the September 2017 meeting. C. #260B, Glad Tidings Church 116 Breesport Rd Final Site Plan Review Expansion of Church Tom Dobrydney, of Fagen Engineers, appeared to discuss the project. Tom D. began the discussion by handing to Board Members a revised Site Plan, revised date August 2, 2017, marked received as E. Basically the updates to the Site Plan pertain to stormwater and DOT permits. Tom Skebey shared an from DOT that Tom D. forwarded to him regarding DOT s driveway requirements for this project. Tom S. is in touch with Jimmy Joe Carl regarding stormwater. Tom D. explained to Board Members the project is near the flood plain boundaries. The intent was to make sure the County Stormwater Coalition signs off on the stormwater design before the FEMA application begins. 346

4 The Board reviewed and discussed all eleven (11) questions of Part 2 of the SEQR. The response to each question is as follows: 1. No, material conflict with the adopted land use plan or zoning regulations. The project site is zoned Residence A and Agricultural and is a permitted use under the existing zoning ordinance. 2. No, the project, new building, is consistent with use. The building addition will have minimal/small impact upon the land use. 3. No, will action impair the character or quality of the existing community. The project may improve the existing community. 4. No, action will have an impact on the environmental characteristics that caused the establishment of a Critical Environment Area (CEA). There are no CEAs located in Chemung County. 5. No, action will result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway. The level of service will have minimal/small impact upon the community and DOT reviewed. 6. No, action will cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities. The new building must meet New York State s energy code requirements. 7. No, action will impact existing public or private water supplies or public or private wastewater treatment utilities beyond the current ability of the suppliers to accommodate. Minimal/small. 8. No, impact on the character or quality of important historic, archaeological, architectural or aesthetic resources. The State & Historic Preservation Agency signed off. 9. No, adverse impact upon natural resource. No wetlands in the area but is adjacent to a waterbody. 10. No, increase in the potential for erosion, flooding or drainage problems. All drainage must be kept on property during and after construction. Stormwater plans are being reviewed. A flood map amendment is also pending. 11. No, action would create a hazard to environmental resources or human health. Part 3 of the SEQR is the Lead Agency s determination of significance summary. As a result, of the discussion of Part 2 of the SEQR, the Planning Board determined, based on the information and analysis above the proposed action will not result in any significant adverse environmental impacts. Chairman Bill Dominikoski check marked the appropriate box, signed and dated the SEQR, August 2, This project was classified as an unlisted action by the Planning Board in accordance with the State Environmental Review. It will not have any significant adverse environmental impacts. Tom Skebey explained the project can be approved with certain conditions and requested a pdf of the project. 347

5 RESOLUTION #14 OF 2017 RESOLUTION APPROVING #260B, GLAD TIDINGS CHURCH 116 BREESPORT RD FINAL SITE PLAN REVIEW EXPANSION OF CHURCH WITH CONDITIONS Motion by: Board Member Roxanne Mark Seconded by: Board Member Joe Atkinson WHEREAS, Tom Dobrydney, of Fagan Engineers, representing Glad Tiding Church, made application for an expansion of the Glad Tidings Church, 116 Breesport Road, by way of Letter dated, January 23, 2017 and Site Plan titled, Glad Tidings Christian Life Church Expansion Project, dated January 23, 2017, Project , marked received as A, and WHEREAS, current zoning is Agriculture, and WHEREAS, on September 7, 2016, by Resolution #24 of 2016, this Board approved a Site Plan for a 5,000 square foot expansion, and WHEREAS, on February 1, 2017, Tom Dobrydney, of Fagen Engineers, representing the Glad WHEREAS, Tom Dobrydney handed to Board Members drawings A-100 and A-101, titled Overall Floor Plan, marked received as B for discussion, and WHEREAS, the size of the addition doubled, will now include a garage, heated storage space, will be used for assembly/reception hall for services, performances and weddings, and WHEREAS, on March 1, 2017, Tom Dobrydney, of Fagen Engineers, representing the Glad WHEREAS, on April 5, 2017, the applicant did not appear for discussion, and WHEREAS, on April 24, 2017, Site Plan Application, dated April 24, 2017, SEQR, dated April 24, 2017, Site Plan, Project # , revised date April 24, 2017, marked received as B, was received, and WHEREAS, on May 3, 2017, Tom Dobrydney, of Fagen Engineers, representing the Glad WHEREAS, the addition will be constructed of steel, the parking lot, parking spaces, infiltration testing, stormwater design, flood map amendment, sprinkler design and DOT approvals were discussed, and WHEREAS, the applicant will apply for a sprinkler system variance from the State, and WHEREAS, the site is in an archeological sensitive area and the State and Historic Preservation signed off on the project, and WHEREAS, the Chemung County Planning Board recommended approval as long as all other requirements/approvals are met, and 348

6 WHEREAS, on June 5, 2017, SEQR, dated May 30, 2017, Site Plan, Project # , revised date May 30, 2017, marked received as C, was received, and WHEREAS, on June 7, 2017, Tom Dobrydney, of Fagen Engineers, representing the Glad WHEREAS, on June 26, 2017, Site Plan, Project # , revised date June 26, 2017, marked received as D, was received, and WHEREAS, on July 5, 2017, Tom Dobrydney, of Fagen Engineers, representing the Glad WHEREAS, on August 2, 2017, Tom Dobrydney, of Fagen Engineers, representing the Glad WHEREAS, Tom Dobrydney handed to Board Members an updated Site Plan, titled Glad Tidings Christion Life Church Expansion Project, Project # , revised date, August 2, 2017, marked received as E, and a discussion was held, and WHEREAS, on August 2, 2017, after review of the SEQR, the Planning Board, as lead agency, has determined the project is an unlisted action and will not have a coordinated review pursuant to Part 617, Article 8 (SEQRA) of Environmental Conservation Law and project will not have a significant adverse environmental impact. A negative declaration is issued for project, and WHEREAS, The Planning Board duly considered the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Planning Board of the Town of Horseheads, approves the plan as the Final Site Plan, Site Plan titled Glad Tidings Christion Life Church Expansion Project, Project # , revised date, August 2, 2017, marked received as E with amendment or modification except as authorized by the Board, subject to the following conditions: 1. Receipt of the approved Stormwater Plan, 2. Receipt of Sprinkler System Variance approval from the State, 3. Receipt of the driveway approval from NYS DOT, 4. Receipt of approval of Stormwater Maintenance Agreement (filed with County) and 5. If required, LOMA from FEMA Flood Zone Amendments. AYES: (6) Davis, Atkinson, Mark, Jansen, Skebey, Dominikoski NAYES: (0) D. #676A, Kevin Sullivan 365 E. Franklin St PUD Amendment Final Site Plan Review - Construction of a Memorial Chapel The applicant did not appear. Tom Skebey began the discussion. On July 12, 2017, the Town Board held a public hearing, reviewed SEQR and approved PUD amendment by Resolution #94 of Adequate parking is the only outstanding item the Town Planning Board is concerned with. Tom S. explained parking requirements for this project. Currently, upon review of the 349

7 site, there are approximately 65 parking spots. This meets requirements of zoning for parking. At this time, the project can be approved based upon what was already submitted. As far as elevation of the building, the applicant will apply to the State for an elevation variance in order to build. RESOLUTION #15 OF 2017 RESOLUTION APPROVING #676A, KEVIN SULLIVAN 365 E. FRANKLIN ST PUD AMENDMENT - FINAL SITE PLAN REVIEW CONSTRUCTION OF A MEMORIAL CHAPEL Motion by: Board Member Joe Atkinson Seconded by: Board Member Tom Jansen WHEREAS, Kevin R. Sullivan, of Sullivan s Funeral Home, 365 E. Franklin St., made application for PUD amendment and site plan review by way of Site Plan Application, dated May 22, 2017, SEQR dated May 21, 2017 for construction of a memorial chapel, WHEREAS, current zoning is Planned Unit Development and the property is located in a flood plain, and WHEREAS, on June 7, 2017, Dan Williams, of Williams Construction, contractor and representing Sullivan Funeral Home, appeared and a discussion was held, and WHEREAS, Dan Williams handed to Board Members a copy of the Elevation Certificate and copy of Site Plan/Survey Map, dated June 5, 2017, titled Kevin R. & Lorrie A. Sullivan, marked received as A, and WHEREAS, the applicant would like to construct a 26 x 60 Memorial Chapel to expand and service larger groups and will be located on the north side of existing building, and WHEREAS, on July 5, 2017, Dan Williams, of Williams Construction, representing Sullivan Funeral Home, appeared and a discussion was held, and WHEREAS, on July 5, 2017, by Resolution #11 of 2017, the Planning Board made a positive recommendation to the Town Board for PUD amendment, and WHEREAS, on July 12, 2017, the Town Board held a public hearing, reviewed SEQR and approved PUD amendment by Resolution #94 of 2017 WHEREAS, on August 2, 2017, the applicant did not appear for discussion, and WHEREAS, the applicant is applying to New York State for an Elevation Variance, and WHEREAS, The Planning Board duly considered the same, NOW, THEREFORE, BE IT RESOLVED, that the Town Planning Board of the Town of Horseheads, approves the plan as the Final Site Plan, Elevation Certificate and Site Plan/Survey Map, dated June 5, 2017, titled Kevin R. & Lorrie A. Sullivan, marked received as A with amendment or modification except as authorized by the Board. 350

8 AYES: (6) Davis, Atkinson, Mark, Jansen, Skebey, Dominikoski NAYES: (0) NEW BUSINESS: None OTHER BUSINESS: A. Overlay Zones for Lake Rd. & Grand Central Ave. This item will carry to the September 2017 meeting. B. Zoning for Solar John P. Mustico is continuing to work on solar code and hoping to have something in writing for the next meeting. This item will be continued to the September 2017 meeting. As there was no further business to come before the Board, motion to adjourn was made by Tom Skebey at 7:44pm. All were in favor. Respectfully submitted, Cathy Wood, Secretary Town of Horseheads Planning Board 351