Special Meeting
Town of Watertown Planning Board
June 14, 2018
Members Present: Tom Boxberger, Co-Chair
Pam Desormo, Co-Chair
Terry MacAdam
Jim Smith
Randy Vaas
Mr. Boxberger called the special meeting of the Town of Watertown Planning Board to order at 1:00 p.m.
Motion 36-18: Motion by Mr. Smith, seconded by Mr. MacAdam to accept the minutes of the June 5, 2018 meeting as written and distributed.
Ayes All: Motion Carried.
Motion 37-18: Motion by Mr. Boxberger, seconded by Mr. Vaas to change the time of the June 28, 2018 meeting from 7:00 p.m. to 2:00 p.m.
Ayes All: Motion Carried.
Motion 38-18: Motion by Mr. Boxberger, seconded by Mr. Smith to reschedule the public hearing for Tom Compo, 18941 US Route 11 for a 18′ x 30′ addition from June 28, 2018 at 7:00 p.m. to June 28, 2018 at 2:00 p.m.
Ayes All: Motion Carried.
LOT LINE ADJUSTMENT
Kelly Filkins – Tax Map #82.20-2-86.91/John & Vicki Bulger – Tax Map #82.20-2-48/Burr Morris – Tax Map #82.20-2-50 – Lot Line Adjustment.
Vicki Bulger and Burr Morris submitted updated plans for lot line adjustments. Discussion followed.
Motion 39-18: Motion by Mrs. Desormo, seconded by Mr. Boxberger to grant a lot line adjustment to John & Vicki Bulger, 21790 Sunset Ridge. This lot line adjustment takes .22 acres from Tax Map #82.20-2-86.91 and adjoins it to Tax Map #82.20-2-48 as shown on plans prepared by Adam Storino, dated 6/7/18, File #2018-014, Drawing #B101, conditional upon satisfactory review of lot descriptions.
Ayes All: Motion Carried.
Motion 40-18: Motion by Mrs. Desormo, seconded by Mr. Boxberger to grant a lot line adjustment to Burr Morris, 19193 Woodside Drive. This lot line adjustment takes .36 acres from Tax Map #82.20-2-86.91 and adjoins it to Tax Map #82.20-2-50 as shown on plans prepared by Adam Storino, dated 6/7/18, File #2018-014, Drawing #B101, conditional upon satisfactory review of lot descriptions.
Ayes All: Motion Carried.
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CONTINUATION OF PUBLIC HEARING – SITE PLAN – FROM 6/5/18
Lundy Development & Property Management, LLC – Lot #2B in the Jefferson County Industrial Park – Bus garage project.
Mr. Boxberger reopened the public hearing at 1:10 p.m. and entered into record the following correspondence in opposition to the proposed bus garage project:
An email from Ed Valentine, dated 6/13/18 regarding bus repairs and maintenance (Attachment #1 -[5 pages]).
An email from Ed Valentine, dated 6/13/18 regarding horn testing for each bus trip (Attachment #2).
A letter from Lisa A. Weber, Timeless Frames, dated 6/12/18 in opposition to the proposed bus garage project. (Attachment #3).
A letter from Jan Kublick, McMahon, Kublick & Smith, P.C., dated 6/13/18 which supplements his earlier letter, on behalf of his client, Onondaga Development (Attachment #4 -[3 pages]).
Mr. Boxberger opened the floor for comments.
1. Paul J. Curtin, Jr., Curtin Law Firm, P.C., on behalf of his client, Opal Development stated the following:
An appeal has been filed, on behalf of Opal Development, to the Town of Watertown Zoning Board of Appeals. This appeal speaks specifically to the zoning classification and the use intended by the applicant.
The Town of Watertown Planning Board has accepted as complete, Lundy Development & Property Management, LLC’s application for site plan review for First Student Bus & Maintenance Facility with offices as a public or semi-public facility, however, the zoning code prohibits primary and accessory motor vehicle repair shop use in a Neighborhood/Commercial District.
With the appeal filed and accepted as of June 13, 2018, the Planning Board does not have the requisite standing to hear this matter further until such time as the Zoning Board of Appeals has rendered a determination.
The underlying use that is intended goes to the core issue and speaks to what was intended by the Town Board in establishing the district and uses appropriate for it. The only board appropriate to review this is the Zoning Board of Appeals.
As Mr. Kublick notes in his letter, the parcel is one lot with a primary structure. The only addition you can possibly have on the lot is a secondary structure and since Penske and First Student are not related, it would require a further subdivision and that application has not been made; therefore, you cannot legally have two primary uses on one single parcel.
At the last meeting, the Town Engineer noted that the application was incomplete on many items. The items that needed to be addressed may have been submitted by Mr. Lundy in the interim. We have not seen them and the prior referral to the Jefferson County Department of Planning lacked the information for their consideration. Therefore, that referral was untimely and ineffective and the Board would have to make another referral before you can continue with the public hearing because it is jurisdictionally defective on its face.
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SEQRA is a big issue as well. Traffic issues, specifically the addition of approximately 40 buses and employees that would be at the facility. A thorough-detailed traffic study has never been initiated. The information submitted is locally insufficient given the increase in traffic that this proposed project would generate.
This is a controversial application. You have occupants and owners of property within the Industrial park that are in absolute opposition to this application. The Planning Board has the public’s trust that they will obey the laws, rules and regulations that are promulgated by state and local government. You have zoning that has to be enforced and procedures that have to be followed under SEQRA. Please understand your responsibilities and do not violate that public trust.
Mr. Boxberger entered into record a letter submitted by email from Kathleen Bennett, dated 6/14/18, on behalf of Car Freshner. The letter goes into detail about requirements for site plan criteria, traffic use in the district, parking, screening, etc. (Attachment #5 – [7 pages]).
2. Jan Kublick, McMahon, Kublick & Smith, P.C., on behalf of Onondaga Development, stated that the Board summarized his resent letter, however, he wants to address the following:
He received information, through FOIL, from the DEC that as of today, nothing in regards to the SWPPP, has been submitted regarding this proposed project.
As stated in his letter, his client and Jefferson County are engaged in litigation that directly affects the future of the eastern entrance to the Jefferson County Industrial Park. He asked Board members to take this into account regarding traffic concerns.
3. Daniel Samann, General Counsel for Car-Freshner made the following comments:
Car-Freshner has been in the Jefferson County Industrial Park since the 1980’s. They have grown steadily employing approximately 300 people. They are in strong opposition to the construction of a school bus/fueling station & maintenance facility across the road from their offices along with all the other companies that have express their opposition.
He agrees with all comments made at tonight’s meeting in opposition to this proposed project.
With respect to restrictive covenants, he understands that it is not the Town of Watertown Planning Board’s place to deal with restrictive covenants; however, he wants the Board to know that the JCIDA did not approve the use. The JCIDA stated that they defer to the Town Board on this issue.
The five restrictive covenants for the Jefferson County Industrial Park include:
Manufacturing
Warehousing
Distribution
Research/Development/Engineering
Administrative or Other Professional Services
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< The developer claims that it falls under Other Professional Services as submitted on his application - “First Student is providing a service to the community and professional services are allowable under the covenants”. Bus fueling and maintenance does not fit into any of these categories. < Mr. Lundy knew of the restrictive covenants when he purchased the land and when he pitched the project to First Student. < The covenants matter to the companies in the park as you are hearing today and as you’ve heard from others by mail. < The board does not have all the information needed to evaluate the serious traffic situation on Coffeen Street. Right now traffic is congested. This proposed project will add hundreds of vehicles to this area every day especially when the Arsenal Street construction begins. The study submitted is an old study. A new unbiased study needs to be conducted. The busing schedule submitted shows that the buses will be running off-peak hours. Car-Freshner disputes this scheduled as their shift employees, administrative employees, and truck runs are at the same time as the proposed “off-peak” busing schedule. < Please reject this proposed project. The public hearing was closed at 1:36 p.m. SITE PLAN Lundy Development & Property Management, LLC - Lot #2B in the Jefferson County Industrial Park - Bus garage project. The Town Engineer, Mickey Lehman, Bernier Carr, has the SWPPP. He has not had time to complete his review. It should be completed by next week. Mr. Lundy submitted a copy of the SWPPP to the Board, a revised survey addressing easement concerns, and defining all impervious soil areas. Signage will be submitted separately. Discussion followed. The board is satisfied with: < All information has been submitted to complete the application. It is compatible with JCIDA requirements. Lighting Design of the Fuel Depot The board is waiting on: Final review of the SWPPP A new traffic study. -5- More details regarding oil/water separator, fire sprinkler system & delineation between paved parking/drive areas and gravel parking/drive areas for the Town Engineer. Mr. Boxberger asked Board members to review all information submitted by the June 28, 2018 meeting at 2:00 p.m. Motion 41-18: Motion by Mr. MacAdam, seconded by Mr. Smith to adjourn the meeting at 1:50 p.m. Ayes All: Motion Carried. __________ Susan Burdick Secretary