ZONING BOARD MEETING TUESDAY JANUARY 22, 2013 ZONING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK 13901

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1 ZONING BOARD MEETING TUESDAY JANUARY 22, 2013 ZONING BOARD 7:00 P.M. TOWN HALL 1529 NYS RTE 12 BINGHAMTON NEW YORK PRESENT: ALSO PRESENT: Mr. Donald L. Phillips, Chairman Messrs. Ruston, Waskie, Doolittle, Grannis, & DiMascio Donald G. Walls, Esq. - Town Attorney Russ Hemedinger, Councilperson Thomas Geisenhof, Code Enforcement The meeting convened at 7:00 p.m. at which time Mr. Phillips called the meeting to order and welcomed the audience. Mr. Ruston read a statement which explained how the Zoning Board members are appointed, along with the Board s functions, limitations and duties. Mr. Ruston noted that the reading of this statement not only informs the audience about the Zoning Board of Appeals, but it also reminds the Board members of their responsibilities. Mr. Ruston also read the Notices of Publication for each case, which was duly published, as required by law, and as evidenced by Affidavits of Publication received and placed on file. APPROVAL OF THE MINUTES - Approval of the Minutes for December 18, 2012, Zoning Board Meeting. A motion was made by Mr. Doolittle seconded by Mr. Grannis, to approve the Minutes of the December 18, 2012, Regular Meeting. PUBLIC HEARINGS ********** - TIMOTHY STOKES 11 LaFrance Rd. TM# Application for an area variance to place two accessory buildings in front of the principle use. Mr. Walls conducted the Public Hearing. Mr. Walls asked the applicant, Tim Stokes, to explain his proposed project. 1.

2 Mr. Stokes explained that the property was his mother s and that he and his family are moving in. They want to place a new 12 x 20 shed next to the existing 12 x 30 shed; which is in front of the house. This parcel has two fronts LaFrance Rd. and Merrill Rd. They are looking to bring not only the existing shed but the new shed into compliance. Mr. Walls wanted to know if they could place either of the sheds behind the house. Mr. Stokes explained that there was no other place. They would have to move not only a fence but the carport to try to get the sheds behind the house. They would not be able to even move the existing shed it was there before they purchased the property. Mr. Walls wanted to know the type of construction of the new shed and what would be stored in the sheds. Mr. Stokes explained that the new shed would be pre-built wood construction. He would be storing personal items (holiday items etc.) and his construction equipment. Mr. Walls wanted to know if there would be any negative impact associated with the proposed project on his neighbors. Mr. Stokes didn t think there would be. Mr. Walls asked Mr. Stokes if he wanted the Board to know anything else about the project. Mr. Stokes explained they were also looking to place a pool in the back by the fence which was another reason they couldn t put the shed in back. Tom Geisenhof, Ordinance Office, being a corner lot and a unique situation approval is recommended. Mr. Walls closed the Public Hearing. Mr. Phillips read the following correspondence. Drainage Coordinator approval is recommended. Broome County Planning has reviewed the case and has not identified any significant countywide impacts associated with the proposed project. They do recommend that the applicant consider combining the contents of the two sheds into one shed. 2.

3 Urda Engineering given the existing nature of the one shed with the natural buffering be maintained a positive advisory is recommended Town Planning Board recommends a favorable advisory. Mr. Phillips, Chairman ZBA, wanted to know what type of construction business Mr. Stokes had. Would the tools be left outside and how often the tools would be brought in and out of the shed. Mr. Stokes explained that the tools are kept on the job site and when the construction is complete the tools will be brought back to the shed until such time as another project requires them. Mr. Ruston, ZBA Member, wanted to know if the applicant/owner was considering placing one larger shed on the property instead of two. Mr. Stokes explained that they would not consider this. Mr. Geisenhof, Ordinance Office, explained to the Board that the home was actually a mobile home no storage. ******** - DDM Realty, LLC Terry Deamer 2518 NYS Rte. 12 TM# Application for an Interpretation of whether a use described in an NC zoning classification would be appropriate. Mr. Walls conducted the Public Hearing. Mr. Walls asked Mr. Geisenhof to read his letter that was sent to Mr. Deamer and to the ZBA. Mr. Geisenhof, Ordinance Office, the applicant has stated that 95-98% of the existing building use will be administrative offices, engineering, design, product break down, and repackaging all to be conducted within the principle structure (the church and church basement). It was also stated that the new warehouse was to be used for product delivery, storage and personal storage use; therefore, they argue an accessory use is allowed per spreadsheet 73-46, Permitted Uses, Accessory 1, Uses customary for commercial uses. The parcel is currently zoned Neighborhood Commercial which generally allows retail, service, office and worship type uses. These categories do not allow a proposed use such as theirs, which incorporates offices, warehousing, repackaging and shipping of supplies. Therefore, the proposed use, in my opinion, would require a Use Variance such as was issued in 1997 for Markham Packaging, nearby in the same Neighborhood Commercial zoning classification. 3.

4 Mr. Deamer felt that the Neighborhood Commercial spreadsheet was vague as it only listed retail uses, service uses, offices, medical center and churches. Mr. Walls explained that if a type of use is not listed on the zoning spreadsheet then it is expressly excluded and would require a variance. A motion was made by Mr. Waskie, seconded by Mr. Grannis and unanimously carried that the application for an Interpretation of whether a use described in an NC zoning classification would be appropriate was determined that a Use Variance would be required. Mr. Phillips, ZBA Chairman, felt that since Markham Packaging had a Use Variance for their warehouse that Mr. Deamer required one as well. Mr. Grannis, ZBA Member, also felt a Use Variance was required. Mr. DiMascio, ZBA Member, concurred a Use Variance was required. Mr. Waskie, ZBA Member, visited the site and wanted to know if the green markers indicated where the addition would be. Mr. Deamer indicated that was correct. ******** - DDM Realty, LLC Terry Deamer 2518 NYS Rte. 12 TM# Application for a Use Variance to allow a warehouse in an NC zone. Mr. Walls conducted the Public Hearing. Mr. Walls asked Mr. Deamer to explain what his company does. Mr. Deamer explained that 95% of the company engineers and assembles items which companies want designed. There is no walk in traffic. They truck in the parts then assemble the item; which is then shipped to the company. There is no storage of parts. The church will house the administrative office, engineering, and design portion. The addition will assemble, and ship the items once made. Mr. Walls wanted to know the type of construction for the addition and would it be heated. Mr. Deamer explained it would be like the ambulance building on Chenango Bridge Rd. wood & steel construction. There would be heat in the addition. 4.

5 Mr. Walls wanted to know where they were currently located. Mr. Deamer explained they were in Endicott and have outgrown that building. They are in the process of buying another business so this building is much needed. Tom Geisenhof, Ordinance Office, given the relatively remote location, low volume of traffic, generally quiet nature of the warehouse use and the approved similar use in a neighboring facility approval to allow a warehouse within a Neighborhood Commercial zone is recommended. Mr. Walls closed the Public Hearing. Mr. Waskie, ZBA Member, wanted to know if there would be a loading dock. Mr. Deamer explained there would be one dock for tractor trailers and another to drive in. Mr. Grannis, ZBA Member, was concerned about Mr. Deamer buying another business and the volume of traffic to be generated. Mr. Deamer explained that most of the items would be shipped UPS. Once they receive the parts they assemble them quickly and send them back out. Mr. Phillips, ZBA Chairman, was concerned that a second addition would need to be added, thus bringing in more traffic. He wanted Mr. Deamer to understand that if at any point another addition would be added he would require another variance. Mr. Deamer indicated that he understood he couldn t expand and that this addition is sufficient. Mr. Phillips read the following correspondence. Broome County Planning has reviewed the case and has not identified any significant countywide impacts associated with the proposed project. NYSDOT has reviewed the application. The driveway must comply with the requirements contained in the policy & Standards for the Design of Entrances to State Highways. A Highway Work Permit must be obtained prior to any activity in the state right-of-way. Broome County Health has no comments. Urda Engineering the applicant proposed to construct a 50 x 80 warehouse for their Comprehensive Manufacturing Assoc., LLC (CMA) business. It is presumed that all other uses within the existing facility have been discontinued and there will be only one 5.

6 use currently at the site. There is similar project precedence at a nearby location which was proposed previously by a similar developer and considered for a variance. Given the location and use a positive advisory is recommended. Town Planning Board recommends a favorable advisory. NEW BUSINESS - NONE VOTES ON PUBLIC HEARING ******** ********* - TIMOTHY STOKES 11 LaFrance Rd. TM# Application for an area variance to place two accessory buildings in front of the principle use. A motion was made by Mr. Ruston, seconded by Mr. Doolittle, and unanimously carried to approve this application for an area variance to place two accessory buildings in front of the principle use with a one year renewal (January 28, 2014). ********* - DDM Realty, LLC Terry Deamer 2518 NYS Rte. 12 TM# Application for a Use Variance to allow a warehouse in an NC zone. A motion was made by Mr. Waskie, seconded by Mr. Ruston, and unanimously carried to approve this application for a use variance to allow a warehouse in an NC zone. Mr. Doolittle wanted to know when the project would be completed 6 months - a year. Mr. Deamer explained that once the sale of the property is complete then they will work on the renovations and construction of the addition. So, the entire project should be complete in a year. ********* 6.

7 ADJOURNMENT There being no further business before the Board, a motion was made by Mr. Waskie, seconded by Mr. Ruston, to adjourn the meeting at 7:37 p.m. Respectfully submitted, Nancy Schnurbusch, Recording Secretary 7.