HomeMy WebLinkAboutPlanning Board Minutes - November 20, 2014Town of Danby Planning Board
Minutes of Regular Meeting
November 20, 2014
Present:
Joel Gagnon
Anne Klingensmith
Frank Kruppa
Ted Melchen
Jim Rundle
Steve Selin
Naomi Strichartz
Others Present:
Secretary Patty Jordan
Town Board Leslie Connors
Public David Hall, Michael Hovanec
The Decker Public Hearing was opened at 7:02 pm
Consider Granting a Special Permit for a second, detached dwelling on one lot, whereby a detached
garage would be converted into an accessory apartment, 92 Hillview Road, Tax Parcel 26.-1-6.1, LD Res.
Zone, Gerald and Kathryn Decker, owners/applicants. (Rescheduled from October)
No comments were received.
The Public Hearing was closed at 7:04 pm
The Hovanec Public Hearing was opened at 7:04 pm
Request for Site Plan Approval for the proposed replacement of a 4,000 square foot exterior-access
storage building with a 5,628 square foot climate controlled storage building, at Fort Locks Self Storage
Mall, 1395 Danby Road, Tax Parcel 2.-1-35.11, Commercial Zone C-2, and, further, to consider Site Plan
Approval for the proposed installation of 10 exterior-access storage units adjacent to Fort Locks within the
Bailey Park Planned Development Zone on Tax Parcel 2.-1-35.11. Michael F. Hovanec, Owner/Applicant.
Hovanec described his proposal to replace the oldest storage building at Fort Locks with a
climate-controlled storage building and to add standard storage in Bailey Park. There was some
discussion about the letter from McElwain Engineering that states that the proposed micro units
and one of the existing buildings are considered one building for the purposes of determining
exterior wall fire rating requirements. Hovanec indicated that this is part of the NYS building
code.
No comments were received.
The Public Hearing was closed at 7:06 pm
Planning Board Minutes, November 20, 2014 Page 1
The Regular Meeting was opened at 7:06 pm
Privilege of Floor and Additions/Deletions to Agenda
None
Consideration of Hovanec Proposal
The Board decided that the checkbox next to “Rural (non-agriculture)” in Part 1 #4 of the Short
Environmental Assessment Form should be checked. The Board also discussed Part 1 #17 and
decided that it should be left as is.
RESOLUTION NO. 43 of 2014 - SEQR DETERMINATION, FORT LOCKS/BAILEY PARK SITE PLAN
MODIFICATION
WHEREAS, this action is to Consider Granting Site Plan Approval for the proposed replacement of a 4,000
square foot exterior-access storage building with a 5,628 square foot climate controlled storage building, at
Fort Locks Self Storage Mall, 1395 Danby Road, Tax Parcel 2.-1-35.11, Commercial Zone C-2; and,
further, to consider Site Plan Approval for the proposed installation of 10 exterior-access storage units
adjacent to Fort Locks within the Bailey Park Planned Development Zone on Tax Parcel 2.-1-35.11,
Michael F. Hovanec, Owner/Applicant; and
WHEREAS, these are Unlisted actions pursuant to 6NYCRR Part 617 and Town of Danby Local Law No. 2
of 1991, for which the Town of Danby Planning Board is acting as Lead Agency in environmental review;
and
WHEREAS, the Planning Board has reviewed the application materials for this proposal; including the
Short Environmental Assessment Form and the recommendation of the Code Enforcement Officer that a
Negative determination of environmental significance be made for these actions;
NOW, THEREFORE, IT IS
RESOLVED, that the Town of Danby Planning Board makes a Negative determination of environmental
significance for these actions, being the proposed replacement of a 4,000 square foot exterior-access
storage building with a 5,628 square foot climate controlled storage building, at Fort Locks Self Storage
Mall, 1395 Danby Road, Tax Parcel 2.-1-35.11, Commercial Zone C-2; and, further, being the Site Plan
Approval for the proposed installation of 10 exterior-access storage units adjacent to Fort Locks within the
Bailey Park Planned Development Zone on Tax Parcel 2.-1-35.11, Michael F. Hovanec, Owner/Applicant.
Moved by Strichartz, Second by Selin
In Favor: Gagnon, Melchen, Rundle, Selin, Strichartz, Kruppa
Abstain: Klingensmith
The motion passed.
RESOLUTION NO. 44 of 2014 - CONSIDER GRANTING SITE PLAN APPROVAL, FORT
LOCKS/BAILEY PARK SITE PLAN MODIFICATION
WHEREAS, this action is to Consider Granting Site Plan Approval for the proposed replacement of a 4,000
square foot exterior-access storage building with a 5,628 square foot climate controlled storage building, at
Fort Locks Self Storage Mall, 1395 Danby Road, Tax Parcel 2.-1-35.11, Commercial Zone C-2; and,
further, to consider Site Plan Approval for the proposed installation of 10 exterior-access storage units
adjacent to Fort Locks within the Bailey Park Planned Development Zone on Tax Parcel 2.-1-35.11,
Michael F. Hovanec, Owner/Applicant; and
Planning Board Minutes, November 20, 2014 Page 2
WHEREAS, these are Unlisted actions pursuant to 6NYCRR Part 617 and Town of Danby Local Law No. 2
of 1991, for which the Town of Danby Planning Board, acting as Lead Agency in environmental review, has
on November 20, 2014 made a negative determination of environmental significance; and
WHEREAS, the Planning Board has held a public hearing on the application on November 20, 2014; and
WHEREAS, the Planning Board has reviewed the General Considerations for site plans in Section 805 of
the Zoning Ordinance;
NOW, THEREFORE, IT IS
RESOLVED, that the Town of Danby Planning Board grants site plan approval for the proposed
replacement of a 4,000 square foot exterior-access storage building with a 5,628 square foot climate
controlled storage building, at Fort Locks Self Storage Mall, 1395 Danby Road, Tax Parcel 2.-1-35.11,
Commercial Zone C-2; and, further, grants Site Plan Approval for the proposed installation of 10 exterior-
access storage units adjacent to Fort Locks within the Bailey Park Planned Development Zone on Tax
Parcel 2.-1-35.11, Michael F. Hovanec, Owner/Applicant.
Moved by Gagnon, Second by Strichartz
In Favor: Gagnon, Melchen, Rundle, Selin, Strichartz, Kruppa
Abstain: Klingensmith
The motion passed.
Approval of Minutes
MOTION – APPROVE AUGUST 21, 2014, AND SEPTEMBER 18, 2014 MINUTES
Moved by Gagnon, Second by Rundle
In Favor: Gagnon, Melchen, Rundle, Strichartz, Kruppa
Abstain: Klingensmith, Selin
The motion passed.
MOTION – ENTER THE PB SECRETARY’S OCTOBER 16, 2014 TYPED NOTES INTO THE RECORD
Moved by Rundle, Second by Gagnon
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Strichartz, Kruppa
Abstain: Selin
The motion passed.
Consideration of Decker Proposal
There was a brief discussion of this proposal, the reason it is before the PB (because it is a
detached garage), and the neighbor’s opinion (they have no objection). There was also
discussion of whether the resolution should be amended to add that a change of ownership would
require the new owner to come back to the PB for approval. It was generally agreed that it is not
necessary in this case. The public hearing date in the resolution needs to be changed to
November 20, 2014.
RESOLUTION NO. 45 OF 2014 - CONSIDER GRANTING SPECIAL PERMIT FOR SECOND,
DETACHED DWELLING, 92 HILLVIEW ROAD (DECKER)
WHEREAS, this action is to Consider Granting a Special Permit for a second, detached dwelling on one lot,
whereby a detached garage would be converted into an accessory apartment, 92 Hillview Road, 1.15
acres, Tax Parcel 26.-1-6.1, Low Density Residential Zone, Gerald and Kathleen Decker,
owners/applicants; and
Planning Board Minutes, November 20, 2014 Page 3
WHEREAS, this is a Type II action which requires no further environmental review, pursuant to 6NYCRR
Part 617 and Town of Danby Local Law No. 2 of 1991; and WHEREAS, the Planning Board has reviewed the application materials for this proposal; and
WHEREAS, the Planning Board has reviewed the General and the Miscellaneous Considerations Required
for All Special Permits provided in Section 901 and 902 of the Town of Danby Zoning Ordinance; and
WHEREAS, the Planning Board on November 20, 2014 has held a public hearing on the matter;
NOW, THEREFORE IT IS
RESOLVED, that the Town of Danby Planning Board grants a Special Permit to Gerald and Kathleen
Decker for a second, detached dwelling on one lot, whereby a detached garage would be converted into an
accessory apartment, 92 Hillview Road, 1.15 acres, Tax Parcel 26.-1-6.1, Low Density Residential Zone.
Moved by Strichartz, Second by Gagnon
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Selin, Strichartz, Kruppa
The motion passed.
Consider Setting Public Hearing – Hall Proposals
Proposed Subdivision into lots containing preexisting buildings and Proposed Change in Permitted Uses–
279-303 Gunderman Road, PDZ 10 - Further Review, Consider Scheduling Public Hearing.
David Hall gave an overview of his proposed changes starting with the subdivision. He would
like to divide his property into 3 properties: the original farmhouse that he currently rents out,
the post and beam house that is his family’s residence, and the commercial building that formerly
housed Flax. He stated there is enough frontage for these subdivisions and everything conforms.
Klingensmith wondered why the smallest lot is only a little over an acre. Hall replied that it is
because he would like to keep the apple orchard with the post and beam house. There was some
discussion of possible safeguards to put in place in case the Halls decide to sell the properties in
the future. The Board told Hall that they would need to see a color map with the 3 properties
clearly marked.
Hall also discussed his proposal to change the “Flax” PDZ. He wants it to be mixed use instead
of the rather strict use that is allowed now. He stated that the property will not look or feel
different to the neighborhood. Hall distributed a letter from John Anderson, a consulting
environmental engineer, which evaluates the quantity of the drinking water at 279-303
Gunderman Road. Hall indicated that the maximum number of people he proposes for the
commercial building is 80. Strichartz stated that, as a neighbor, she experienced muddy water
when the previous business had 70 employees and she feels that 80 is too many. Hall stated that
he will be living right there next to the commercial property and does not want there to be
problems with the water.
Hall said he is proposing that the commercial property be used as an autism center that will
include hippotherapy (equine therapy) and possibly a community kitchen. Hall also indicated
that he is not yet entirely sure what the commercial building will be used for. Strichartz stated
that she wants protection in case the property or properties are sold. She indicated that if these
proposals are approved, she wants them to be for the Halls only.
Planning Board Minutes, November 20, 2014 Page 4
Kruppa described the next steps to Hall beginning with the Planning Board public hearing in
December to consider both the proposed subdivision and the proposed change in uses for the
PDZ. If the Planning Board votes to approve them, that’s all that is needed for the subdivision to
proceed. The proposed change in uses for the PDZ, however, will then be sent to the Town
Board for their consideration. Klingensmith recommended that Hall attend the December Town
Board meetings and speak during privilege of the floor so that the Town Board will know what is
being proposed.
MOTION – SET PUBLIC HEARING
Moved by Melchen, Second by Rundle, that the Town of Danby Planning Board schedule a Public Hearing
for 7pm, December 18, 2014, to consider a Proposed Subdivision into lots containing preexisting buildings
and Proposed Change in Permitted Uses– 279-303 Gunderman Road, PDZ 10.
In Favor: Unanimous
The motion passed.
Town Board Liaison Report
Connors said that the Town budget is done and the new Town website is up and running. She
encouraged the PB members to review the new website and suggest any desired changes.
Draft Groundwater Protection Law
Gagnon and Melchen attended the last meeting that was to discuss the latest draft of the aquifer
protection law. They both encouraged the rest of the PB members to attend the next meeting
which will be held in early January. Gagnon felt that the January meeting may be the final
meeting before the aquifer law comes before the Planning Board for consideration.
Commercial Zoning Setbacks
A “Proposed Changes to Sections 701 and 704” originally drafted by Beeners was handed out
with marks in red that indicated the changes discussed by the PB at their September meeting. It
was agreed that light pollution should be added to the list of onerous uses in Section 701. There
was also some discussion of the specific uses that are listed in Section 701 with there being
general agreement that the list should stay the way it is. See Appendix for recommended
changes to Sections 701 and 704.
Motion – Recommend changing Sections 701 and 704 of the Town of Danby Zoning Ordinance as
indicated in red on the draft “Proposed Changes to Sections 701 and 704” with Kruppa reviewing
the final version and submitting the recommendation to the Town Board along with the approved
recommended changes to Article II, Section 201(B) – LAND DIVISION BY PERMIT of the Subdivision
and Land Division Regulations of the Town of Danby.
Moved by Klingensmith, Second by Rundle
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Selin, Strichartz, Kruppa
The motion passed.
Adjournment
Planning Board Minutes, November 20, 2014 Page 5
The meeting was adjourned at 8:55 pm
____________________________________________
Patty Jordan, Planning Board Secretary
Planning Board Minutes, November 20, 2014 Page 6
Appendix
Sections 701 & 704 Track Changes Version
Section 701 - LIMITATION OF USES WITHIN 200 FEET OF A RESIDENCE ZONE. No theater,
dance hall, tavern, restaurant, bowling alley, skating rink, veterinary hospital, kennel or other place for the
boarding of animals, garage or shop for the painting or repairing of automobile bodies or fenders, or any
other use causing loud or unusual noise, fumes, or odors, or light pollution shall be located within 200
feet of any Residence Zone.
Section 704 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES. STANDARDS FOR
PUBLIC AUTOMOTIVE OR OTHER MOTORIZED VEHICLE REPAIR FACILITY, GASOLINE
SERVICE STATIONS, AND BODY SHOPS
1. No part or appliance of any building used as a garage or gasoline filling station shall be erected
within seventy-five feet of any Residence Zone.
1. No part of any public automotive or other motorized vehicle repair facility, gasoline
service station, and no filling pump, lift or other service appliance shall be erected within
two hundred (200) feet of any Residential Zone or any dwelling in any zone.
2. No garage or shop for painting or repairing automobile bodies involving hammering or
other work causing loud or unusual noise, fumes or odors shall be located within three
hundred (300) feet of any Residential Zone or any dwelling in any zone.
3. 2. In no case shall a gasoline or oil pump, oiling or greasing mechanism, or other service appliance
installed in connection with any public automotive or other motorized vehicle repair facility or
gasoline service station be within gasoline filling station or public garage be closer than thirty
(30) feet from feet of any street line or highway right-of-way line.
4. 3. No automobile repair work, except emergency work, shall be carried on out of doors and all
automobile or motor vehicle parts, dismantled vehicles and similar articles shall be stored within
a building or at a location not visible from any point from any adjoining property.