PLANNING BOARD
FEBRUARY MEETING
MONDAY, FEBRUARY 10, 2014
7:00 P.M. – TOWN HALL – 1529 NYS RTE 12
BINGHAMTON - NEW YORK - 13901
PRESENT:
Cynthia Paddick – Chairwoman
Judy Snyder
Messer: Donnelly, Warren and Bernard
ALSO, PRESENT:
Thomas Geisenhof – Assessor
Alex Urda P.E. – Town Engineer
Gene Hulbert, Jr. - Town Board Member
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The meeting convened at 7:00 p.m., at which time Mrs. Paddick called the meeting to order and
welcomed the audience. Mrs. Paddick read a statement which explained the Planning Board Mission,
along with the Board’s duties, functions and limitations. The first order of business is the approval of the
Minutes from the Regular Planning Board meeting of December 9, 2013.
A motion was made by Mrs. Snyder, seconded by Mr. Warren to approve the Minutes from the December
9, 2013, Regular Planning Board.
Roll Call:
Ayes – 5
Nays – 0
*****
NEW BUSINESS
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FOUR SQUARE TOOL- Richard Haddock – 1462 NYS Rte 12 – TM#112.21-1-31
Application for site plan update.
Mr. Urda read his letter regarding the applicant’s site plan. The additional parcel was acquired for light
assembly work. There will be no manufacturing at this site. However, upon further review it appears the
zoning classification does not allow light assembly work. The existing site on Rte 12 A is pre-existing.
Now they are expanding a pre-existing non-conforming use and a use variance will also be required. The
site plan approval should be contingent upon the Zoning Board of Appeals approval. The applicant has
made application for the use variance V-05 2014. The public hearing is scheduled for February 25, 2014.
This project is subject to 239 Review by Broome County. They requested landscaping be added along
NYS Rte 12 and require a NYSDOT work permit for any work in the state right-of-way. Any renovations
will require building code review by the Town’s Ordinance Office. If parking on site they will continue to
provide ADA accessible parking spaces, aisles and access routes, markings, slopes and signage. In
accordance with ICC/ANSI, A117.1, 2009 and building code of the State of New York, Chapter 11.
The applicant should address if there will be a dumpster and if so, the location should be noted on the site
plan. Will there be any consideration for landscaping being added along with signage.
This is a Type II action under SEQR.
Final approval is recommended pending the Zoning Board approval of the use variance and completion of
any other requirements noted herein.
1.
Minutes of the Meeting
Planning Board 2/10/14
Mr. Geisenhof from the Ordinance Office recommended site plan approval to enable Four Square Tool to
conduct light assembly work within the former Four M Equipment building with a fire inspection being
required.
The applicant Mr. Haddock was not present, but his representative Fred Chester Project Manager was
available to answer any questions.
Mrs. Paddick questioned if they intend on having a dumpster where would it be located. Is landscaping of
any type being considered and if there will be signage.
Mr. Chester stated there will be no dumpster at that site. They will use the dumpster from their original
site. There will be no additional signage or landscaping done on this property.
Mr. Bernard asked if there will be additional exterior lighting. What type of assembly operation is Four
Square Tool.
Mr. Chester indicated no exterior lighting will be added to the building. Four Square Tool is a plastic
precision injection molding facility. The existing site had utilized all of its space for the assembly work.
So they have moved a portion of their assembly personal3 to 5 employees to this new location. They will
perform light hand assembly work on tables inside the building. The hours of operation will not change.
There being no further discussion a motion was made by Mr. Donnelly, seconded by Mr. Bernard for site
plan update approval contingent upon the Zoning Board of approval for the use variance.
Roll Call:
Ayes - 5
Nays - 0
*****
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BRASS LANTERN – GW Dube- Wendy Dube – 42 Chenango Bridge Rd –TM#112.05-2-4Application for site plan update to expand the restaurant into the second floor. Zoned CD
Mr. Urda stated the applicants request to utilize the upstairs to expand their existing restaurant business
for small parties. The existing second floor would not exceed more than 35 people according to the
applicant. The parking is located on the adjacent lot, with existing signage. Parking requirements are
enclosed in my letter. This project is subject to 239 Review by Broome County. Any modification or
renovations to the building will require a building permit for code compliance review by the Town’s
Ordinance Office.
This is a Type II action under SEQR.
Approval is recommended contingent upon completion of any requirements noted in my letter.
Mr. Geisenhof recommended that the Planning Board grant site plan update approval to allow the
expansion of the Brass Lantern Restaurant into the second floor, with a building permit being required.
The applicant Mr. and Mrs. Dube were present to answer questions from the Board.
Mrs. Paddick stated there is ample parking, are you going to designate 3 handicap parking spaces. Do you
anticipate additional signage and will there be any landscaping done?
2.
Minutes of the Meeting
Planning Board 2/10/14
Mr. Dube stated the owners W & D Leasing said to be cautious delineating the handicap spaces, since
their bathrooms are not handicap accessible. There will be no additional signage. As for the landscaping,
we are constantly trying to work on the curb appeal for the business.
Mr. Urda stated the 3ADA handicap parking spaces need to be designated.
Mr. Bernard questioned the location for the second exit.
Mr. Geisenhof indicated that would be part of the building permit submission for the Ordinance Office to
review for code compliance.
There being no further discussion a motion was made by Mrs. Snyder, seconded by Mr. Warren for site
plan update approval.
Roll Call:
Ayes - 5
Nays - 0
******
- SOUTHERN TIER SPORTS MEN LLC – Lawrence Brooks – 1152 Upper Front St.TM#111.20-2-20- Application for site plan update to locate a firearms dealership on the second floor of
the Southern Tier Harley Davidson dealership. Zoned PDD-C
Mr. Urda read his letter regarding the applicant’s request to open a firearms dealership on the second floor
of the Southern Tier Harley Davidson Shop. Any approval should be made contingent upon the Zoning
Board of Appeals granting approval for the use variance to allow the firearms dealership in the Pdd-C
District. They have applied for the use variance and the public hearing is scheduled for February 25,
2014. The Sports Men Shop will occupy approximately a 23’ x 15’ portion of the second floor. There will
be no additional employees, hours of operation or signage. The facility has an existing 24 hour alarm
system and surveillance. The operation will be by appointment only.
This project is subject to 239 Review with Broome County. Any interior renovations will require building
code review by the Ordinance Office. The applicant shall provide ADA accessible parking spaces, aisles
routes and markings and signage in accordance with ICC/ANSI, A117.1, 2009 or latest revision and the
2010 Building Code of New York State, Chapter 11. Owner will provide improvements as necessary.
This is a Type II action under SEQR.
Final approval is recommended pending the Zoning Board approval of the use variance.
Mr. Geisenhof from the Ordinance Office recommends that the Planning Board grant site plan update
approval to allow the location of the Southern Tier Sports Men firearms dealership on the second floor of
the Southern Tier Harley Davidson Motorcycle Dealership, with a fire inspection being required.
Mr. Brooks was present to answer questions from the Board.
Mr. Bernard asked what items would be sold, rifles, hand guns, ammunition, bows and arrows.
Mr. Brooks said according to his attorney the insurance goes up dramatically to sell bows and arrows so
we will not be selling them.
Mrs. Snyder questioned if the second floor was handicap accessible?
3.
Minutes of the Meeting
Planning Board 2/10/14
Mr. Brooks stated it is not handicap accessible; there are only stairs to the second floor. We are in the
process working with the FFL to allow us to bring product to the handicap consumer.
There being no further discussion a motion was made by Mr. Bernard, seconded by Mr. Warren to
approve this site plan update.
Roll Call:
Ayes – 5
Nays - 0
******
ADVISORY OPINION/REFERRALS
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MICHAEL FRANTA - 450 Wilson Hill Rd – TM#093.02-1-20.2- Application for a special
permit to harbor more than three dogs. Zoned Agr.
Mr. Urda stated the applicants request for a special permit to have 6 dogs in an agricultural area. All dogs
are let out daily to run, 5 of the dogs are kept in outdoor kennel. The kennel is located approximately 450
feet from the nearest property line surrounded by a buffering of trees in a remote location. Granting this
variance will not be injurious to the neighborhood or detrimental to the public welfare.
Mr. Geisenhof from the Ordinance Office recommends that a favorable advisory be forwarded to the ZBA
to grant a special permit to the applicants to harbor more than three dogs.
Mr. Franta was present to answer questions from the Board.
Mrs. Paddick asked would you attempt to down size and are the dogs spayed or neutered.
Mr. Franta stated Quinn the Llewellin Setter is missing. We posted his disappearance on Facebook, Press
& Sun Bulletin, Craiglist and Lost Doggie in hopes to find him to no avail. My lab is 14 years old and
won’t be around much longer. All dogs are up to date with their shots and licensing. We do not anticipate
having any more dogs.
Mrs. Snyder asked during this cold spell do you bring the dogs inside the house.
Mr. Franta stated their dog houses are lined with hay. When the temperatures drop too low, they are
brought inside the house to stay warm.
There being no further comments a motion was made by Mr. Bernard, seconded by Mrs. Snyder to
forward a favorable advisory to the Zoning Board of Appeals on this special permit.
Roll Call:
Ayes - 5
Nays - 0
******
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SOUTHERN TIER SPORTS MEN LLC – Lawrence Brooks – 1152 Upper Front St.TM#111.20-2-20- Application for a use variance to allow non- permitted use, firearms
dealership, in a PDD-C zone.
4.
Minutes of the Meeting
Planning Board 2/10/14
Mr. Urda stated the comments are basically the same as his site plan update. No additional signage, no
change in hours of operation. The applicant shall supply ADA parking spaces and any improvements
necessary to comply with the ADA standards. The business is fully contained within an existing retail
building. Strict adherence to the code would deprive the applicant use of this building for retail sale of
firearms. Granting this use variance will be in harmony with the general purpose and intent of this
chapter. This is a Type II action under SEQR.
A positive advisory is recommended and the applicant shall coordinate with the Town Buiding and
Ordinance Department for any necessary permits and requirements.
Mr. Geisenhof recommended a favorable advisory be forwarded to the ZBA to grant a use variance to
permit the Southern Tier Sports Men firearms dealership to locate on the second floor of the Southern
Tier Harley Davidson Motorcycle Dealership.
There being no further comment a motion was made by Mrs. Snyder, seconded by Mr. Donnelly to
forward a favorable advisory to the Zoning Board of Appeals for this use variance.
Roll Call:
Ayes – 5
Nays – 0
******
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RICHARD SECOOLISH - 45 Depot St. – TM# 056.20-1-12 – application for an area variance
to allow a driveway with less than required side yard setback from 10’ to 0’. Zoned R
Mr. Urda stated the applicant’s request to reduce the side yard setback to construct a driveway on the
property line. The Ordinance requires all driveways to be 10 feet from the side property boundary. The
applicant intends on building a new garage and for a future driveway along the property line. The
property is narrow and this is the only access to the rear of the property. This area variance is necessary
for reasonable use and is a minimal request to achieve. Granting of this variance will be in harmony with
the general purpose and intent of this chapter and would not be injurious to the neighborhood. The
adjacent neighbor has no objection to the granting of this variance. The Board should consider stipulating
that the driveway area adjacent to the northerly property line not be allowed to be utilized for parking,
idling, or storage of vehicles, trailers, boats or long term parked vehicles without written consent of the
adjoining neighbor.
Mr. Geisenhof recommended that a favorable advisory be forwarded to the ZBA to grant an area variance
allow a driveway with less than required side yard setback from 10’ to 0’.
Mr. Secoolish was present to answer questions from the Board. The Zoning Board was not happy with
the 0 foot lot line setback. My site plan was a little jumbled, but it does indicate 3 feet instead of 0. I
have no intentions to box or pave the driveway. Maybe we should modify it for the Zoning Board of
Appeal’s Public Hearing.
Mrs. Snyder stated the driveway setback ordinance was put in place to prevent fumes from idling vehicles
going into the neighbor’s house.
Mr. Secoolish stated any idling would be done further back on his property not next to his neighbor’s
house.
5.
Minutes of the Meeting
Planning Board 2/10/14
There being no further discussion or comments a motion was made by Mr. Bernard, seconded by Mrs.
Snyder to forward a favorable advisory to the Zoning Board of Appeals.
Roll Call:
Ayes – 5
Nays – 0
******
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FOUR SQUARE TOOL – Richard Haddock – 1462 NYS Rte 12 – TM#112.21-1-31Application for a use variance to allow light assembly work in a PDD-C Zone.
Mr. Urda stated his comments are the same for the site plan as the variance request. They intend on
relocating their light assembly work from their existing business to the newly acquired property.
However, light assembly work is not permitted in the Planned Development Commercial District (PddC).The existing business currently is a manufacturing facility. Strict adherence to the code would deprive
the applicant’s use of this building for light manufacturing. §73-25 allows for diversified land uses within
a carefully considered area. Granting this variance would not be injurious to the neighborhood and is a
similar use to the adjacent property. This is a Type II action under SEQR.
A positive advisory is recommended with the applicant coordinating with the Town Building and
Ordinance Department for any necessary permits.
Mr. Geisenhof recommended a favorable advisory be forwarded to the ZBA to grant a use variance
enable Four Square Tool to conduct light assembly work within the former 4M Machinery building.
Mrs. Paddick asked if there were any questions.
There being none a motion was made by Mr. Donnelly, second by Mr. Warren to forward a favorable
advisory to the Zoning Board of Appeals for this use variance.
Roll Call:
Ayes- 5
Nays – 0
*****
There being no further business before the Board a motion was made by Mrs. Snyder and unanimously
carried to adjourn the meeting at 7:30 p.m.
Respectfully submitted,
Diane Aurelio
Ordinance Secretary
6.