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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.