TOWN OF JOHNSTOWN PLANNING BOARD



TOWN OF JOHNSTOWN PLANNING BOARD

JUNE 9, 2020

6:00 P.M.

TOWN HALL

MEETING NOTES

PRESENT:

ERIC VANALSTYNE, CHAIRMAN

RICHARD LYNAUGH

ERNEST NIFOROS

MIKE MCGRAIL

GARTH BRUCE

TONY AMBROSINO

TODD UNISLAWSKI, CODE ENFORCEMENT OFFICER

JACK WILSON, SUPERVISOR

SEAN M. GERAGHTY, SR. PLANNER

I. CALL MEETING TO ORDER:

The meeting was called to order at 6:01 p.m.

II. APPROVE MINUTES OF LAST REGULAR MEETING:

MOTION: To approve the minutes to the March 10, 2020

meeting.

MADE BY: Garth Bruce

SECONDED: Dick Lynaugh

VOTE: 6 in favor, 0 opposed

III. PECK ASSOCIATES, INC. AND WENDELL TAYLOR CORPORATION – SPECIAL USE PERMIT FOR CAMPSITE EXPANSION ALONG PECK’S LAKE:

A. Background:

Peck Associates, Inc. and Wendell Taylor Corporation is proposing to expand a travel trailer campsite along the north shore of Peck’s Lake in the Town of Johnstown (Tax Map Parcel No. 100.-3-2). The proposed expansion calls for 13 new sites to be developed with a gravel road that is approximately 960+/- feet in length. Each of the lots will be typically 2,500 sq. ft. in size and will include a 9’ x 30’ parking area. Total area of disturbance on the property is approximately 1.85+/- acres.

B. March 10, 2020 Meeting:

During its March 10, 2020 meeting, the Town of Johnstown Planning Board began reviewing the Peck Associates’ Special Use Permit for a campsite expansion along Peck’s Lake. At that time, the Planning Board asked that the following issues be resolved prior to the scheduling of a public hearing:

1. Town Code Enforcement Officer Todd Unislawski has interpreted that each individual travel trailer site does not need an individual sewage disposal system hookup. Likewise, he interpreted that each trailer site does not need an individual water supply.

DISCUSSION: There were no further comments from the Planning Board regarding this issue.

2. Mr. Unislawski is in contact with the NYS Department of Health concerning several Health Department regulations that will need to be addressed as part of this project. In a letter dated May 18, 2020 to James Peck, Chris Demme, P.E., NYS Department of Health, outlines a multitude of issues and specifications that will need to be addressed before the project will be cleared by that agency.

DISCUSSION: Town Code Enforcement Officer Todd Unislawski reviewed several of the items that were identified on Chris Demme’s May 18, 2020 letter to James Peck. Mr. Unislawski indicated that he felt the applicants should be able to address most of the issues. He encouraged the applicants to seek waivers for a few of the items on Mr. Demme’s list including urinals, dishwashing stations and utility sinks.

Geoff Peck asked if the utility sink could be located on the outside of the building?

Planning Board Chairman Eric VanAlstyne noted that utility sinks are commonly found on the outside of the buildings in State campgrounds.

Mr. Unislawski agreed and stated that it should be acceptable.

There was then a brief discussion concerning the size of the tank to be used for the sanitary dump station on the north side of the campground.

Tammy Warner stated that she believed the tank will be 1,500 gallons in size.

Mr. Geraghty stated that, rather than going through all of the items on Mr. Demme’s list, he wanted the Planning Board recognize that there are a number of issues and items that the applicants will need to resolve with both the Town Code Enforcement Office and with the NYSDOH. He explained that until both of these reviewing entities are comfortable with the design and specifications for all of the Park infrastructure, the Planning Board will not be in a position to take final action on the application.

3. There is a provision in the Zoning Law that limits the maximum duration of an individual stay or any travel trailer or RV placement on any site to six (6) months. This will require the applicant to either remove trailers every six (6) months or seek a variance to that provision from the Town of Johnstown Zoning Board of Appeals (ZBA).

DISCUSSION: Mr. Peck indicated that he intended to seek a variance from the Town of Johnstown ZBA to allow the trailers to stay beyond the 6-month limitation.

4. Any mapping provided by the Adirondack Park Agency (APA) showing shoreline wetlands of concern should be included with the revised submittal.

DISCUSSION: Mr. Peck stated that he misspoke during the Planning Board’s March meeting regarding the existence of an APA shoreline wetlands map. He indicated that the APA has recognized that the lake levels rise and fall and that there are areas near the shoreline that need to be avoided. Mr. Peck pointed out that the revised drawing for the campground expansion shows an area that will be off limits for any improvements associated with the campground expansion.

C. State Environmental Quality Review:

During its March 10, 2020 meeting, the Town of Johnstown Planning Board classified the Peck’s Associates’ Campground Expansion Project as an Unlisted Action and proposed that it serve as the Lead Agency for the purpose of issuing a determination of significance under SEQR. Copies of the Site Plan application, along with the Full Environmental Assessment Form, were forwarded to other Involved Agencies giving them until Monday, April 13, 2020, to express any comments or concerns, in writing, to the Town of Johnstown Planning Board. To date, the Planning Board has received the following comments:

NYS Department of Health:

In a letter dated May 14, 2020, the NYS Department of Health concurred with the Town of Johnstown Planning Board’s proposal to serve as the Lead Agency and offered several comments concerning information provided in the Full Environmental Assessment Form.

STATUS: The applicants have revised the Full Environmental Assessment Form to address the Health Department’s issues. The only information that is still lacking on the Full Environmental Assessment Form is an identification or description of how wastewater treatment for the project will be provided.

DISCUSSION: Mr. Geraghty pointed out that the Planning Board is aware that the applicants intend to provide a second sanitary dump station on the north side of the campground for the additional sites. There were no further comments or questions concerning the Health Department’s response.

MOTION: Declaring the Town of Johnstown Planning Board the Lead Agency for the purpose of issuing a determination of significance under SEQR for the Peck’s Lake Associates’ Campsite Expansion Project.

MADE BY: Tony Ambrosino

SECONDED: Ernest Niforos

VOTE: 6 in favor, 0 opposed

MOTION: Authorizing the filing of a negative declaration under SEQR for this proposed action since:

1. The applicant does have sufficient acreage available to create 13 additional campsites within the campground.

2. Public utilities are readily available to service the site.

3. The water and wastewater infrastructure improvements and facilities that are needed to service the 13 additional campsites can be easily incorporated into the campground.

4. Traffic implications resulting from the additional campsites will be negligible.

MADE BY: Dick Lynaugh

SECONDED: Mike McGrail

VOTE: 6 in favor, 0 opposed

D. Planning Board Action:

In accordance with Article X, Section 84-54 of the Town of Johnstown Zoning Law, the Planning Board shall hold a public hearing on a complete Special Use Permit application within sixty-two (62) days from the determination of the Planning Board that the application is complete. Consequently, does the Planning Board wish to schedule a public hearing on Peck’s Lake Associates’ Special Permit for a campground expansion at this time?

MOTION: To schedule a meeting on the Peck Associates’ Special Use Permit for a campsite expansion on Peck’s Lake for 7:00 p.m., Tuesday, July 14, 2020.

MADE BY: Mike McGrail

SECONDED: Dick Lynaugh

VOTE: 6 in favor, 0 opposed

IV. BASHAR MUSTAFA – SITE PLAN FOR DUNKIN DONUTS RESTAURANT AT 1008 AND 1012 NYS ROUTE 29A:

A. Background:

Bashar Mustafa owns two (2) pieces of property at the intersection of Elmwood Avenue, NYS Route 29A and NYS Route 30A in the Town of Johnstown (Tax Map Parcel Nos. 149.8-13-3 and 149.8-13-4). The properties are located within a C-2 Commercial District and total approximately .38 acres. The applicant is proposing to construct a new 1,900 sq. ft. Dunkin Donuts on the property. Mr. Mustafa also owns a third parcel along Elmwood Avenue that he would like to incorporate into the project, by using the property for an individual commercial septic system (Tax Map Parcel No. 134.20-24-7). This property is located within an R-2 Residential District and is approximately .39 acres in size.

A rendition of this proposed project was approved in February 2016. The revised project involves a reconfiguration of parking areas, onsite vehicular traffic flow, stormwater infrastructure and landscaping. The onsite septic system that is proposed for Mr. Mustafa’s parcel on Elmwood Avenue will require a private force main to be run in the public right-of-way along Elmwood Avenue.

John Hitchcock, ABD Engineers, representing the applicant, talked about some of the changes that were made to the Dunkin Donuts Project, since it was reviewed by the Planning Board in 2016. He pointed out that the building will be slightly larger than originally proposed and will now face NYS Route 29A. He indicated that, by facing NYS Route 29A, the applicant was able to get three (3) additional parking spaces on the property and provide better traffic flow on the site. He indicated that the applicant also owns 6 Elmwood Avenue and will demolish the house that is on that lot in order to make room for a commercial septic system that will serve the new Dunkin Donuts.

B. Planning Department Review:

The Fulton County Planning Department has reviewed the Site Plan application in accordance with the Town’s Zoning Law and would like to offer the following comments:

1. Building elevation drawings for the new restaurant should be provided.

DISCUSSION: Mr. Hitchcock indicated that he will be providing elevation drawings for the Board’s next meeting.

2. A Stormwater Management Summary was provided for the original Dunkin Donuts project on this project site. Given the reconfiguration of the building and parking areas, a new Stormwater Management Summary for the site should be provided.

DISCUSSION: Mr. Hitchcock explained that the applicant will still be using dry wells on the project site to contain stormwater. He indicated that he would update the Stormwater Management Summary that was originally prepared for the site and provide it with his next submittal to the Board.

3. The height of the masonry wall dumpster enclosure should be identified.

DISCUSSION: Planning Board Chairman Eric VanAlstyne asked if the masonry wall is considered a structure and, if so, does it need to be setback from the property line?

Mr. Unislawski stated that it will likely be considered a structure and therefore will need to be at least 10 feet from the property line.

Mr. Hitchcock indicated that he would look at the amount of space he has in the northeast corner of the site to see if he can keep the masonry wall 10 feet from the property line.

There was also a brief discussion about the idea of providing a stockade fence instead of a masonry wall because the stockade fence could be run along the property line.

4. The location of the waterline tap that will service the new Dunkin Donuts restaurant should be shown.

DISCUSSION: Mr. Hitchcock indicated that he needed to do a little more research into where the applicant will be able to tap the municipal waterline.

Mr. Geraghty noted that, on the original plan, the applicant intended to use the existing waterline tap but may need to reconsider given the change in the building orientation.

Town Supervisor Jack Wilson stated that he believed the shutoff valve is located right along NYS Route 29A on the applicant’s property.

Planning Board Member Dick Lynaugh asked if the CVS Pharmacy is on municipal water and sewer.

Mr. Geraghty indicated that he believed the CVS Pharmacy is on the municipal waterline but has its own septic system. Mr. Geraghty indicated that the municipal sewer line stops near the City of Gloversville municipal line.

5. The design of the pylon sign advertising the business should be included on the detail sheet along with any other signage to be included on the project site.

DISCUSSION: Mr. Hitchcock indicated that he would provide a design for the pylon sign.

6. There are three (3) issues involving the proposal to construct an individual septic system for the commercial project on a separate parcel:

a. Is the applicant allowed to run a force main along a public right-of-way in order to reach the proposed septic field location?

DISCUSSION: Mr. Unislawski indicated that he spoke with Town Attorney Leah Everhart earlier in the day and that she is doing some additional research in order to ascertain whether or not the applicant can use the road right-of-way along Elmwood Avenue. He indicated that it may be a matter of whether the road is a Town road by “use” or by “dedication”.

Supervisor Wilson stated that he believed Elmwood Avenue is a road by “use”.

Mr. Unislawski pointed out that this would mean that the property owners actually own to the centerline of the road.

Mr. Wilson suggested that some additional research be done on the issue.

Mr. Geraghty pointed out that, if Elmwood Avenue is a road by use, then the applicant may need to seek a right-of-way easement from the adjacent property owner and not the Town.

b. Since the applicant’s property along Elmwood Avenue is located in an R-2 Residential District, with a residence on the property, can a commercial septic system be built on the property and is the home on the property going to be removed? If so, is a commercial septic system on a residentially-zoned lot allowable under the Town’s Zoning Law?

DISCUSSION: Mr. Unislawski pointed out that the applicant may want to look at a septic system that can be placed underneath the parking lot on the project site. He stated that a company called Presby has a product that can be installed beneath parking areas. He offered to share that information with the applicants.

Both Mr. Hitchcock and Mr. Mustafa indicated they would like to see the information on that type of system.

c. Percolation and pit test results for the septic field location must also be provided.

DISCUSSION: Mr. Hitchcock indicated that, if his client is going to use the property at 6 Elmwood Avenue for the septic field, he will provide percolation and pit tests for that property.

7. The design of all exterior lighting should be identified.

DISCUSSION: Mr. Hitchcock indicated that he would provide the specifications for the exterior lights.

8. During the review of this project in 2016, it was noted that there is a NYSDOT sign on the applicant’s property. According to the applicant’s engineer at that time, Luigi Palleschi, P.E. from ABD Engineers, there is no language in the property deeds indicating that NYSDOT has an easement to place or work on a sign on the applicant’s property.

DISCUSSION: Mr. Geraghty explained that he just wanted the Board members to recognize that this issue was researched by the applicant back in 2016.

9. The driveway width for the access point on Elmwood Avenue should be identified.

DISCUSSION: Mr. Hitchcock indicated that the applicant has actually widened the driveway width slightly from the original proposal to provide better site access.

Planning Board Member Tony Ambrosino asked how far the driveway will be located from the intersection with NYS Route 29A?

Mr. Hitchcock indicated that it is probably 40’+.

Mr. Ambrosino noted that there could be some stacking of vehicles at that intersection that would limit left-hand turns out of the Dunkin Donuts’ property.

Planning Board members recognized that this could be a traffic issue that the Town has to live with because the applicant doesn’t have any other options for driveway placement.

C. State Environmental Quality Review:

Section 617.1 of 6 NYCRR states that, the basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision making processes of State, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant effect on the environment, and if it is determined that the actions may have a significant effect, prepare or request an environmental impact statement. Under these terms, the review of a Site Plan application is subject to SEQR. Therefore, the following issues must be addressed:

1. Does the Planning Board feel that the Short Environmental Assessment Form, provided by the applicant, has been completed adequately?

DISCUSSION: The Planning Board felt that the Short Environmental Assessment Form had been completed adequately.

2. Does the Planning Board feel that any additional information should be provided as part of the SEQR process?

DISCUSSION: The Planning Board did not ask for any additional information.

3. Section 617.6 (b)(3) of 6 NYCRR states that, when an agency proposes to directly undertake, fund or approve a Type 1 of Unlisted Action undergoing a Coordinated Review with other Involved Agencies, it must, as soon as possible, transmit Part 1 of the Environmental Assessment Form, completed by the Project Sponsor, or a Draft Environmental Impact Statement (DEIS) and a copy of any application that has been received to all Involved Agencies and notify them that a Lead Agency must be agreed upon within twenty-five (25) calendar days of the date the Environmental Assessment Form or DEIS was transmitted to them.

MOTION: Proposing that the Town of Johnstown Planning Board classify the proposed project as an Unlisted Action and proposing that the Town of Johnstown Planning Board serve as Lead Agency for the purpose of issuing a determination of significance for Bashar Mustafa’s Site Plan application for a new Dunkin Donuts at the intersection of Elmwood Avenue and NYS Route 29A.

MADE BY: Mike McGrail

SECONDED: Dick Lynaugh

VOTE: 6 in favor, 0 opposed

D. Planning Board Action:

In accordance with Article XI of the Town of Johnstown Zoning Regulations, the Planning Board must hold a public hearing on a Site Plan application within sixty-two (62) days of the Planning Board’s receipt of a complete application.

MOTION: To schedule a public hearing on Bashar Mustafa’s Site Plan application for a Dunkin Donuts at the intersection of Elmwood Avenue and NYS Route 29A for 7:00 p.m., Tuesday, July 14, 2020.

MADE BY: Mike McGrail

SECONDED: Tony Ambrosino

VOTE: 6 in favor, 0 opposed

V. OTHER BUSINESS:

A. Code Enforcement Update:

Mr. Unislawski indicated that Louis Fagant’s project on the corner of Harrison Street and NYS Route 29 is moving along. He stated that Mr. Fagant has actually removed the signage associated with his temporary Special Permit to operate a business from his residence along County Highway 107. He indicated that Mr. Fagant is still operating a towing service from that address but is starting to get ready to move into his new building at the intersection of Harrison Street and NYS Route 29. He explained that the inside of the building is framed and will likely be occupied within thirty (30) days.

Mr. Geraghty pointed out that the removal of the house on Mr. Fagant’s property has already enhanced the appearance of the intersection.

VI. CLOSE OF THE MEETING:

MOTION: To close the meeting at 6:50 p.m.

MADE BY: Garth Bruce

SECONDED: Dick Lynaugh

VOTE: 6 in favor, 0 opposed

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