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HomeMy WebLinkAboutPlanning Board Minutes - February 18, 2016 Town of Danby Planning Board Minutes of Regular Meeting Thursday February 18, 2016 FINAL PRESENT: Joel Gagnon Anne Klingensmith Ted Melchen Jim Rundle Steve Selin Naomi Strichartz ABSENT: Frank Kruppa OTHER ATTENDEES: Town Planner C.J. Randall Town Board Leslie Connors Recording Secretary Kelly Cecala Public Michael Casper The meeting was opened at 7:05 pm. (1) CALL TO ORDER/AGENDA REVIEW: MOTION - Joel Gagnon be acting chair in Frank Kruppa's absence. Moved by Strichartz, Second by Selin In Favor: Unanimous The motion passed Ted Melchen was not an active member of the Planning Board when this vote was made, his vote did not change the outcome of this decision. February PB Minutes Final of 1 6 Randall provided copies of the agenda to all the Planning Board members. Gagnon asked the Planning Board if there were any additions or deletions to the agenda. Klingensmith requested to add the monthly Code Enforcement report as an agenda item. Strichartz requested to add expired terms as a discussion point. Randall requested to include Michael Casper as part of the agenda, so he could discuss his special permit. She also added Subdivision Amendments to the agenda. (2) PRIVILEGE OF THE FLOOR: There were no comments from the public during Privilege of The Floor. (3) APPROVAL OF MINUTES: Some members of the Planning Board had not received and/or read the edited draft of the January minutes. It was decided that the January minutes would be deferred to the next meeting. (4) MICHAEL CASPER SPECIAL PERMIT TRANSFER/RENEWAL: Michel Casper is the current owner and operator of Private Hotel + Pure Food which is located at 1040 Comfort Road. Mr. Casper is presently in contract to sell 30 acres, which includes all the buildings used in the Bed & Breakfast, to Vicky & Gregor Brous. The property sale is contingent on whether the Planning Board will approve a "mirror" permit which is equal to the special permit that Mr. Casper received in 2009. Mr. Casper wanted to brief the Planning Board on what was happening at the location and the change in ownership. Gagnon asked Randall if this was a non-conveying special permit. Randall said that there was a special permit modification in 2012 making it non-owner occupied. Randall said that permits are supposed to run with the land/establishment. She added that the new owner will complete a Development Review Application of their desired intentions. Randall stated that the original permit should have been for a "Tourist Home" (which includes B&B), versus calling it a "Hotel", which has a different designation. (4) SUBDIVISION AMENDMENTS: Randall handed out copies of her proposed Subdivision Amendments to the Planning Board for review and reported that there was no clear or clean way to delete Land Division by Permit. She said that it needed to be written or "mutated" as a Minor Subdivision while keeping in concert with New York State Law. Randall also asked the Planning Board if they wanted to keep the Land Annexation piece as an administrative action. Klingensmith asked Randall for some background on the proposed changes. Randall said that in response to the Planning Board's passed resolution, which basically stated that they want the Town Board to revoke Land Division by Permit, she is suggesting remaking it into Minor Subdivision and has added the procedures and requirements to do so. Klingensmith acknowledged that this small "tweak" is to help tighten things up until there is a big review of everything. Randall said that if the changes are adopted, all subdivisions will need to be dealt with by the Planning Board. A public hearing would need to be held for every Subdivision. Randall added that February PB Minutes Final of 2 6 there was no way to delete the process of Land Division by Permit without adding something back in, because it would result in all subdivisions being dealt with as Standard Subdivisions. Gagnon asked what the difference was between a Minor and Standard Subdivision. Randall said that a Standard Subdivision is a three (3) step process (sketch plan, preliminary plat, and final plat) which results in three (3) or more lots and that they don't occur that often. A Minor Subdivision is a two (2) step process (preliminary and final plat) and results in two (2) lots. Klingensmith commented that the original language, which mentions lot sizes and the three (3) year waiting period, still exist in the new version. Selin said that all subdivisions will now come to the Planning Board for review. Klingensmith remarked that they still don't have any authority to change the numbers. Melchen asked where the 200' road frontage language went. Randall said that was part of zoning, which is the tool that allows structures to come "alive", whereas a subdivision deals with roads and streets and the "bones" of the parcels that are actually being laid out. Rundle questioned where this "every three years" comes from and said that it was an engine that drives a lot of Subdivision. Gagnon added that indeed it had and that it was a way for people to circumvent coming before the Planning Board. Strichartz asked if there were any criteria for these Standard Subdivisions to trigger a long form SEQR? Randall said that SEQR is a requirement for any Standard Subdivision, and that it is a Type I action. She added that it is more complex and it will be looked at separately. Klingensmith asked Randall what she specifically wanted input on. Randall asked the Planning Board for their overall impression, comments on the detail, likes and dislikes. Gagnon said that putting some of the criteria list into the application, versus putting it in the law, might make it more palatable when it goes to the public. Klingensmith asked Connors if the Town Board knew about the Subdivision Amendment. Connors said that the Town Board knew about Resolution #1 (the Planning Board resolution calling for the deletion of lot division by permit) and that Randall was drafting a document relating to it. Klingensmith expressed her frustration about working on something which never gets addressed or resolved, referring to the earlier proposal by the Planning Board to change a few numbers in the Subdivision Regulations. Connors said that the Town Board was asked to stop and was told not to consider it. She added that the audit was being done and that it didn't make sense to put Band-Aids on places. Connors said that everyone wants to fix the mess and believes that Randall's suggestions will be well received and seen as the real deal, versus a Band-Aid. Gagnon said that up to now, someone always had the option to come before the Planning Board if they couldn’t do a Land Division by Permit. Randall said that everyone would come before the Planning Board now. Gagnon expressed his concern that we might be creating the situation where someone could not create a lot at all without waiting for a number of years. He said that historically the Planning Board could do a Minor Subdivision, for anyone or any lot, if they did not meet the requirements of Land Division by Permit. Gagnon said under the proposed structure, if somebody divided a chunk off, they would be stuck for three (3) years and would have to wait to further subdivide. Selin said this is how it is done in Ulysses now. Gagnon added that we don't want to impede division in the Hamlets and High Density Areas. Randall said that she didn't think this would seriously impede development in the Hamlets and said that it can always be amended. February PB Minutes Final of 3 6 Klingensmith asked how the Planning Board wanted to proceed with reviewing the document and making their recommendations. Randall said that points can be clarified and questions can be answered via email to keep the process moving forward. Randall suggested to take between now and March to review the document. Connors and Gagnon suggested inviting the Town Board to the meeting so everyone could be included in the same conversation. Gagnon questioned the wording "required setbacks" because no setbacks are currently listed. Gagnon suggested changing the wording to read "location of any required setbacks" since this would cover both the current situation and the future addition of any setback requirements. Randall agreed. Gagnon commented that there is a provision for the Planning Board to waive requirements but that it wasn't clear where the waivers would be granted in the process. Randall said that there are two areas where we would be waiving submission requirements. She said the first piece applies to the Preliminary Plat, which is the Plat that an applicant brings at the first meeting. She said the second piece is the waiver of submission requirements for the Final Plat. Gagnon noted that the Planner is supposed to certify that the application is complete before it comes to the Planning Board. Gagnon asked how it would work, if they have already been required to provide the information that the Planning Board has the option to waive? Klingensmith raised a question on how the Planning Board was supposed to know what is of consequence. Randall said the first step is to complete the development application. Randall will make the initial assessment at the first meeting with the applicant. Gagnon asked if it would make more sense to have Randall waive the requirements since she is in a better position to make the judgment. Randall said she would consider adding Planning Administrator, in addition to Planning Board, to the waiver of submission requirements section. Randall suggests keeping only the Planning Board as the grantor of waivers for the final plat. Klingensmith said that she would like to hear a synopsis of the total process. Gagnon said that in the Land Annexation section it reads that if the Final Plat is not filed with the Town Clerk within a year, that the permit expires. Gagnon said that there is no permit. Randall said she would remove the piece about the permit and would re-work the section accordingly. (5) CODE ENFORCEMENT REPORT: Klingensmith said that the monthly Code Enforcement report was a very useful tool and requested that the Planning Board get it again on a monthly basis. This same request was made several months ago. Strichartz said that nobody knows what's going on anymore. Randall said that she gets the reports monthly and would put a reminder to start forwarding them to the Planning Board. Randall said that she is also working on getting the report posted on the Town's website. (6) TED MELCHEN'S TERM: Strichartz said that she has lived in the area for ~35 years. Strichartz said that she has noticed some dissension in the town and said that it had to do with the fact that the older generation has been phased out, in lots of different ways. Strichartz said that Ted Melchen was born in Danby and believes that Melchen actually wants to be reappointed to the Planning Board for another full term. She asked Melchen this and he said that she was correct. Strichartz proposed that Melchen be recommended for reappointment to the position. February PB Minutes Final of 4 6 Strichartz said that a lot of the things that happened in the past, had to do with the fact that there was this perception that "a bunch of terrorists came in and took over the Town Hall with machetes" and that all of this happened a while back. Strichartz commented that everybody, accept Joel, is new. She said that Ted is one of the "old-timers" who actually speaks to her and that not everyone does. Strichartz added that there needs to be a balance when "pushing out the old and embracing the new." Strichartz ended by saying that she loves working with Ted and that she was glad he was here. Connors asked, so who is pushing out the old? Strichartz replied that it wasn't pushing so much…but that everyone is relatively new to Danby. Connors said that it's the nature of Danby and that sometimes it's the younger people that have some energy. Connors said this was the first time hearing that Ted Melchen wanted to be reappointed. She added that at the last meeting, Ted seemed interested in stepping down, but offered to stay on until someone else was appointed. Gagnon said that at the last meeting there was some discussion about Ted possibly not wanting to be reappointed for another seven (7) years. Gagnon added that Ted was willing to stay on with the understanding that he might resign part way through the term. Connors replied by saying, had she thought Ted wanted to stay on, she would have pushed for his reappointment back at the last Town Board meeting. Connors never heard anybody talk about Ted or pushing Ted out. Melchen said that he has never had that feeling either. Strichartz clarified that no one is pushing Ted out and that she was being misunderstood. Strichartz said that when looking around at the various Boards, there are few members left that were born in Danby. She added that she thought it was a very important missing link. Strichartz commented that there was a lot of anger against certain types of people who are perceived as taking over the town from the people that were born here. Klingensmith said that the old timers are selling us the land to come here. Melchen said that his reservation was being committed for sure to serve another seven (7) year term and that he wasn't sure he could do that. He added, but then again, who really can? Melchen said in that perspective he would be more than happy to stay on for another full term. Gagnon asked Connors if there had been other applicants and said that the Planning Board is not in the position to make a recommendation with partial information. He added that the Planning Board should be interviewing everybody and should then make a recommendation based on what they know. Connors said that as far as she knows, there were no applications submitted. Klingensmith said that the term has started and that interviews should have already taken place. Klingensmith moved to recommend that Ted be reappointed. RESOLUTION NO.2 OF 2016 - REAPPOINT TED MELCHEN TO A NEW FULL TERM WHEREAS, this action is to ask the Town Board to consider reappointing Ted Melchen to another full term on the Planning Board; and WHEREAS, the Planning Board had made a previous recommendation to the Town Board that open vacancies be advertised and interviewed in October, or two months before the term ends; and WHEREAS, the term has already started and that this was not dealt with in a timely fashion, NOW, THEREFORE IT IS RESOLVED, That the Town of Danby Planning Board recommends to the Town Board that Ted Melchen be reappointed to a full seven (7) year term on the Planning Board. February PB Minutes Final of 5 6 Moved by Klingensmith, Second by Rundle In Favor: Klingensmith, Melchen, Rundle, Selin, Strichartz, Gagnon The motion passed. Ted Melchen was not an active member of the Planning Board when this vote was made, his vote did not change the outcome of this decision. (7) TOWN BOARD LIAISON REPORT: Connors reported that the submission period for applications was extended to the end of February and that interviews would be started in March. Connors also reported that there would be presentations and bids for the solar array that was going to be built. Gagnon asked how these somewhat large scale semi-industrial facilities are being located without any Planning Board review? Randall said that there are no provisions for reviewing utility structures which are permitted by right. Randall said that we can discuss ways to include large and small scale solar and define those and amend the zoning to include them. Connors said the Town was considering purchasing the property next door to Town Hall. (8) PLANNING & ZONING REPORT: (9) COMPREHENSIVE PLAN REPORT: The Comprehensive Plan Report will be updated in conjunction with the Work Plan 2016 timeline. ADJOURNMENT The meeting was adjourned at 8:48 pm. ______________________________________ Submitted by Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary February PB Minutes Final of 6 6