IBM

Town Board, 5/1/2012

For notes on the public hearing relating to the helistop, see Legislation/Approval Authority. 

Duuring Courtesy of the Floor, Mike Byrnes took issue with the pending request from IBM for a special permit to construct a helistop at its Route 134 facility on safety grounds and also expressed concern that residents of the area had not been notified of the pending public hearing on the application. He said they should have been mailed a notice about the May 1st hearing date.Supervisor Grace explained that IBM believes that the proposed new helistop will be a better operation than their current use of the ballfield on the other side of Route 134. He advisedMr. Bynes to express his concerns at the upcoming hearing.

Councilman Bianco noted that there were two parts to the May 1^st hearing: the establishment of a special permit for a helistop in an OB zone, and shifting site plan approval for OB zones to the Town Board from the Planning Board.

After submitting revised plans that satisfactorily addressed all 14 items identified by the Planning Department, the board unanimously declared itself lead agency for SEQRA, issued a negative declaration, and approved the site plan and stormwater permit and tree permit. The site plan will not need New York City DEP approval.

Representatives of IBM presented plans for the addition of 101 parking spaces as previously discussed with the Town Board (see below). They pointed out that the additional spaces would basically return to site to what it looked like in the 1960s. They repeated the drainage swap system outlined to the Town Board as a unique way to handle the runoff from the site. To accommodate the new parking spaces, approximately 15 white pines will have to be removed. Planning Director John Tegeder said that more information about the exact number of trees and their dbh (diameter at breast height) would be needed before determining whether a tree permit would be required. He said that mitigation would not be needed as the plan disturbed less than 30% of the site’s trees. John Kincart suggested that given the location of the trees, if IBM could live with a few fewer spaces, it might not be necessary to remove the trees. The IBM representatives said they would take a look at whether that would work for them. They explained that their calculation on the number of needed spaces was based on an historical review of the number of employees who actually “badged in and out” on a daily basis.

As the board had no other concerns, it was agreed that the Planning Department will draft an approval resolution for the board’s next meeting.

IBM will have to get DEP approval after the Planning Board approves the plan.

Representatives from IBM addressed the board on two separate issues: the construction of a helipad and an expansion of the existing parking lot. Although the applications were different, they both raised issues over whether the Planning Board or the Town Board has or should have jurisdiction over approving each application and over the need to change the town’s Zoning Ordinance. The board was supportive of both projects and wanted to push both along, but Planning Director John Tegeder advised the board that the town could not accept applications from IBM until the proper laws existed. The change in the laws had to come first, he said. In the meantime, it was agreed that IBM will continue to work with town staff to perfect its plans (they have been meeting for months on the projects) while town officials decide on the legal issues.

a. Helipad. The company is requesting permission to construct a helipad on the lawn in front of the visitor parking area so that it would no longer need to use the existing ballfield across the road which they said was not a safe location. The new facility, which would consist of a grass paving system that utilized grass growing out of a plastic grid, would be lit only when in use, and would be further from any houses than the existing ballfield. The flight pattern would be from I-684 and with a sharp drop down to the helipad. The IBM spokesman indicated that in the past five years, the ballfield site was used perhaps two to three times a year and that the company estimated that the new use, necessitated by changingbusiness needs and which was being built to accommodate senior customers and high level officials, might be used for six to eight trips a year. Usage would be during normal business hours.The company would also make the site available to the town’s emergency services providers.

Building Inspector John Winter called the board’s attention to the fact that the current Zoning Ordinance has no provision for a helipad and that if a use isn’t specifically listed in the Ordinance, then it isn’t permitted. Planning Director John Tegeder then advised the board that it had two options: it could amend the current OB1 zone in which IBM is located to include helipads, or it could establish a special permit for a helipad. Both options raised other issues; if the OB1 zone was amended, then properties in other OB1 zones would be entitled to construct helipads. (Contractor’s Register in Jefferson Valley and the office buildings on Strang Blvd are the only other properties located in an OB1 zone.) If the board preferred the special permit route, than the issue would be which board should be the approving authority: the Town Board or the Planning Board. At the conclusion of the discussion, it appeared that the board preferred making a helipad a secondary use permitted in an OB1 zone and subject to the Town Board’s approval. (See discussion below on transferring approval authority for certain types of projects from the Planning Board to the Town Board.)

b. Expansion of parking lot.

In order to accommodate approximately 455 new employees who will be relocating to the Kitchawan facility from the company’s current Hawthorne location some time after Labor Day, the company needs to expand its existing parking facilities. The plan calls for converting a location adjacent to the current parking lot that previously housed modulars to be converted into a 247 space lot, although only 100 spaces would be constructed initially.Also, as part of the plan, the existing lot would be restriped and an abutting satellite lot would be repaved and stripped. Because workers come and go at different hours, the additional cars were not expected to create traffic problems.

Several issues were raised as part of the discussion without any resolution. First, enviornmental consultant Bruce Barber advised the board that both the helipad and parking lot applications would have to be reviewed by the NYC DEP because the property is in the Croton Watershed. While the town may look at the applications as two distinct projects, he said that DEP might look at them as one and that the combined size of both might trigger a more significant DEP involvement in both projects.

Mr. Barber also explained that the project required an erosion control permit and that raised the issue of which board, the Planning Board of the Town Board would be the approving authority. Mr. Tegeder stated that because the application was for an amendment to a site plan, the erosion permit should be handled by the Planning Board. Supervisor Grace appeared to disagree. No final determination was made. (See discussion below on transferring approval authority for certain types of projects from the Planning Board to the Town Board.)

Concerns were also raised about how IBM would handle drainage from the site. The company’s preferred plan called for a drainage swap that involved diverting drainage from the building’s roof to an unused and open 250,00 gallon storage tank near the site’s treatment plan. Supervisor Grace indicated that he had some concerns about the safety of this type of use. Mr. Barber stated that he needed more information about water volumes, phosphorous removal, and other technical issues before offering an opinion.