HomeMy WebLinkAboutPlanning Board Minutes - May 15, 2014D a n b y P l a n n i n g B o a r d
M i n u t e s o f R e g u l a r M e e t i n g
M a y 1 5 , 2 0 1 4
Present:
Joel Gagnon
Anne Klingensmith
Frank Kruppa
Ted Melchen
Jim Rundle
Steve Selin
Naomi Strichartz
Others Present:
Acting Secretary Pamela Goddard
Code Officer Sue Beeners
Town Board Leslie Connors
Public Charles Robinson, Patty Jordan, Timothy Barnhart, David Cady, Bill Kuhns,
Nancy Kotmel, Vince Kotmel, Edward Shay
The Regular Meeting was opened at 7:03pm
Privilege of the Floor
Vince Kotmel (1763 Danby Road) presented a letter to the Planning Board and spoke in adamant
opposition to the proposed automotive shop for 1753 Danby Road. The Kotmels have several con-
cerns about the proposal, including health hazards associated with chemical exposure from accidental
spills and airborne particles, noise pollution, increased traffic, a decrease in their property value, fire
hazards from oily rags, gasoline, etc., hazardous waste disposal of these materials, cleaning solvents,
etc., water contamination, and a change to the neighborhood dynamic.
Edward Shay (1765 Danby Road) spoke in support of Kotmel’s concerns. He spoke about the
care and attention the Kotmels give to their property and concerns about the appearance of the pro-
posed business.
Approval of Minutes
There was a discussion of changes proposed by Joel Gagnon for the April 17 minutes. One sen-
tence in the section on “McLean Masonry Building Replacement” will be changed to read, “It is de-
sirable to keep the existing slab because the site is wet and this contributes to the stability of the site.”
This change will be made in the approved minutes.
RESOLUTION NO. 26 OF 2014 - APPROVE MINUTES
Resolved, that the Town of Danby Planning Board approves the minutes of April 17, 2014 as amended.
Moved by Gagnon, Second by Klingensmith. The motion passed.
In Favor: Gagnon, Klingensmith, Melchen, Strichartz, Kruppa
Abstain: Rundle, Selin
Planning Board_Minutes_20140515 • Friday, May 30, 2014 Page 1 of 4
Proposed Automotive Repair Shop, 1753 Danby Road, Commercial Zone “C”, William
E. Kuhns, III, Owner/Applicant – Review proposal, consider scheduling public hearing
There was continued discussion/proposal review. PB Chair Kruppa gave a synopsis of the pro-
posal and acknowledged the receipt of correspondence from the Kotmel neighbors. He also noted sec-
tions in the zoning ordinance related to this special permit request.
Applicants Kuhns and Cady submitted a short sketch plan for a proposed two-car automotive re-
pair shop adjacent to the residential property of 1753 Danby Road. The plan included the type of
work to be conducted, the basic layout of the garage, and preliminary details regarding disposal of
waste and related fluids.
Anne Klingensmith expressed thoughts and concerns related to fluids storage and disposal, par-
ticularly in relation to the draft Aquifer Protection Ordinance currently under review by the Town
Board. She suggested that there be a “second line of defense” in case of leakage. She expressed her
thoughts that several issues need to be considered, as directed by “Section 901 - Considerations re-
quired for all Special Permits,” particularly the first two considerations related to detriments to public
health and whether the use would be injurious to the use and enjoyment of other property in the vicin-
ity. She wold like to see a detailed plan for how the related aquifer will be protected.
Joel Gagnon expressed concerns about compatibility of the proposed garage with neighboring
structures. He suggested screening, ways to minimize the visibility of parking from the road, and con-
sideration of the nature of the building in relation to the adjacent building. Ted Melchen also encour-
aged some screening, e.g. plantings or fencing, to reduce the visual and sound impact of the business
on the neighbors.
Frank Kruppa asked what DEC requirements the applicants have researched. The applicants
noted strict requirements which must be met for a NYS registered shop. The shop would be regulated
and regularly inspected by the state. Gagnon suggested that policies and procedures be written and in
place, in case the business should be sold to a different party.
Naomi Strichartz expressed concern that the business, by its nature, would be injurious to the
quality of life of the neighbors. She also questioned whether a second automotive shop was a good
idea, given the relative proximity of Lane’s Automotive. Strichartz also raised the issue that while the
side of Danby Road in question is zoned “Commercial C,” the other side of Danby Road is zoned
high density residential. She asked the Planning Board to consider the impacts this proposal might
have on the residential side of the road.
Beeners indicated that the other side of Danby Road is zoned Commercial B. The commercial
zone from Hornbrook Road to Dobson’s complex may have been zoned Commercial C circa 1992 at
a time when the property owners in that section wanted the maximum flexibility of use.
In relation to a question on impact on property values, the applicants stated to the board that a
member of Audrey Edelman Realtors was of the opinion that this would not reduce property values
for adjacent owners. They presented a set of petition papers from several persons (no addresses were
given) in support of their proposal. Kuhns also made the case that, as he lives in the house on the
property proposed for the garage, he fully intends to keep the garage in an attractive manner and to
protect his well from contaminants. It is his hope that this business will help attract other businesses
to the hamlet, including a cafe or store.
Kruppa noted that, as there is already an auto repair shop in the area, this is a use which has al-
ready been approved for this area of Danby. He would like to see this move ahead, if certain questions
and concerns could be addressed. These concerns include: visual screening for neighbors, details of
service parking, detailed hours of operation, mitigations for odors and sound, appearance of the build-
ing, the location of the dumpster and fenced area to the south, and more information regarding NYS
regulations for environmental safety.
The Board also asked the applicants to consider a plan should the property and business be sold in
the future. Following some discussion it was understood that this business would need to be sold in
conjunction with the residence due to frontage restrictions. A detailed plan for all of these concerns
should be submitted to the Planning Board at least two weeks prior to the next meeting/hearing.
Planning Board_Minutes_20140515 • Friday, May 30, 2014 Page 2 of 4
There was a discussion of the process and the time frame for setting a public hearing. The appli-
cants were concerned about delays, as there are additional permits they need to arrange, after a special
permit is granted. The PB cautioned the applicants that, should substantive changes to the plan be
needed following a public hearing at the next PB meeting, an additional hearing might be necessary.
The applicants were willing to take that risk, and believed that they could address the concerns as pre-
sented between this meeting and the next.
RESOLUTION NO. 27 OF 2014 - SET PUBLIC HEARING
Resolved, that the Town of Danby Planning Board sets a Public Hearing to consider Granting a Special Permit to
William E. Kuhns, III for a proposed Automotive Repair Shop, 1753 Danby Road, Commercial Zone “C”, Tax
Parcel 7.-1-93. William E. Kuhns, III, Owner/Applicant, to be held at 7pm on June 19, 2014.
Moved by Gagnon, Second by Selin. The motion passed.
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Selin, Strichartz, Kruppa
Planning Board Secretary
Kruppa introduced Patty Jordan. Jordan was interviewed by a subcommittee of the PB on May 8.
The committee recommends that she be appointed to the position. Kruppa will work with Jordan to
help bring her into the work flow.
RESOLUTION NO. 28 OF 2014 - APPOINT RECORDING SECRETARY
Resolved, that the Town of Danby Planning Board appoints Patricia Jordan as its Recording Secretary, effective
June 2014.
Moved by Strichartz, Second by Melchen. The motion passed.
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Selin, Strichartz, Kruppa
Town Board Report
Connors and the Planning Board discussed local training interests and options. There is interest in
more training related to site plan review and zoning review. A suggestion was made to have a repre-
sentative from County Planning meet with the Danby PB to review Danby Zoning. Beeners offered to
give a quick review of Town zoning. The Board preferred to have a first review and information from
someone not connected to the Town, to be followed by more specifics from the Code Office. This was
agreeable to Beeners. There was an additional suggestion that zoning review/training be undertaken
in conjunction with the review and revisions to the Comprehensive Plan. This training should be dy-
namic and specific. Connors will research zoning training options. No final decisions or plan was
made.
Zoning Office Report
Beeners made a short report about various projects of interest to the PB. She informed the Board
about Conservation Easements under consideration as part of the Marsh Road reclassification request.
The CAC has met with Melchen and Palmer regarding potential easements. The West Danby Water
District water tank replacement bid has been awarded and work will proceed. Kira Sorensen is help-
ing the Code Office with GIS mapping, organizing data for ease of use.
Planning Board_Minutes_20140515 • Friday, May 30, 2014 Page 3 of 4
Comprehensive Plan Work Session
Kruppa distributed two documents, a Comprehensive Plan Process Status report and Timeline, as
prepared by Rebecca Brenner on 4/17/14. The Board discussed these documents at length. Part of this
discussion was “ground rules” for the process from this point on. Kruppa strongly suggested that this
needs to be a Planning Board activity, not an open forum at each meeting, with input from members
of the Town Board and office staff as invited by the PB. There was agreement to this proposal.
The Planning Board discussed how to proceed with individual member review and reporting of
each section of the Comprehensive Plan. Each Board member will be working on drafting Goals, Ob-
jectives, and Strategies for the section they are reviewing/revising. There was discussion regarding
the joint process of the Town and Planning Board following PB drafting of the document. The final
draft/decision on the Plan rests with the Town Board. The PB believes that it can compress some of
the timeline related to full Board review of the sections. This potentially could be done over three or
four months.
There was an extensive discussion of how to generate public interest and participation in this
process. There was a suggestion to report on the process through the Danby Area News. This sugges-
tion was supported and a plan was drafted. Each article will briefly outline the goals, objectives, and
strategies for sections of the Comprehensive Plan, with a brief introduction of what the Comprehen-
sive Plan is and why its important. Kruppa will draft an introductory article for this series.
Klingensmith and Gagnon will present Goals, Objectives, and Strategies for three sections -
Housing, Transportation, and Natural Resources - for PB feedback at the June 19 meeting. Immedi-
ately following that review, a short article on these sections will be prepared for publication in the
DAN. The Board will attempt to have the next three sections at the July meeting.
Adjournment
The meeting was adjourned at 8:33pm.
____________________________________
Pamela Goddard, Interim Planning Board Secretary
Planning Board_Minutes_20140515 • Friday, May 30, 2014 Page 4 of 4