HomeMy WebLinkAboutPlanning Board Minutes - January 21, 2016 Town of Danby Planning Board
Minutes of Regular Meeting
Thursday January 21, 2016
FINAL
PRESENT:
Joel Gagnon
Anne Klingensmith
Frank Kruppa
Ted Melchen
Jim Rundle
Steve Selin
ABSENT:
Naomi Strichartz
OTHER ATTENDEES:
Town Planner C.J. Randall
Town Board Leslie Connors
Community Council Susan Franklin
Recording Secretary Kelly Cecala
Public Colleen Strong, Kevin Lacey, Edward Shay, Nancy Kotmel,
Nancy Medsker and Thomas Seaney
The meeting was opened at 7:03 pm.
(1) CALL TO ORDER/AGENDA REVIEW:
C.J. Randall provided copies of the agenda to the Planning Board. Nothing was added or deleted.
(2) PRIVILEGE OF THE FLOOR:
There were no comments from the public during Privilege of The Floor.
(3) APPROVAL OF MINUTES:
There was a discussion about whether or not Ted Melchen could vote since his term expired in
December 2015 and he was an interim member of the Planning Board. Gagnon said that there were no
provisions in town law regarding seats on the Board that have been appointed in the interim.
Kruppa suggested that Melchen refrain from voting until the Planning Board gets clarification from the
Town Board. Gagnon said that the Town Board did not give sufficient notice to get applications in to
appoint a replacement in a timely way. Connors agreed that the Town Board needs to allow more time
to complete the process of finding/appointing replacements.
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MOTION - Approve December Minutes
Moved by Gagnon, Second by Rundle
In Favor: Gagnon, Melchen, Rundle, Selin, Kruppa
Abstain: Klingensmith
The motion passed
(4) PRE-SUBMISSION CONFERENCE: Redevelopment of former Danby Market, 1774 Danby Rd.
Board Action(s) in December: No Action - Discussion Only. Tax Parcel 10.-1-13. Applicant,
Nancy Medsker; Owners, Nancy Medsker and Thomas S Seaney.
Applicant/Owner, Nancy Medsker, handed out copies of the building's elevation and plan view from the
street and blueprints of the proposed new layout. Medsker commented that the original building had
been gutted and that three unique spaces now exist. The largest area, which is approximately 1,800
sq. ft., will be used as both an auto fabrication "shop" and an art studio "space" and will be more or less
hobby related and not operating as a business. Medsker said that the other space is approximately 900
sq. ft. and that they are currently looking for a tenant to run a small cafe and/or market in this
commercial space. Medsker is planning to have an open house in April 2016.
The backyard of Colleen Strong's home, located at 8 Gunderman Rd., is adjacent to the former Danby
Market parking lot. Strong raised a concern about losing privacy in her backyard, where her children
play often, once the new building was complete and the parking lot was full. Strong wanted to mention
her concerns to the owner now, while the building was still in the construction phase, so her privacy
issue can be considered during site plan review.
(5) TOWN BOARD LIAISON REPORT:
Leslie Connors reported that the Town Board is busy reviewing the documents and information for PDZ
10. Connors reported that the Danby Community Council made connections with the former school
district about sharing some of their space for children's activities. The old school, located on
Gunderman Rd., is owned by the school district and is currently being used as a meeting space.
Susan Franklin, from the DCC, said that the school district is open to having the gym used as an
additional meeting and/or a play space.
Connors said that the deadline to receive applications for vacancies on the Planning Board was March
1st. Kruppa commented that Rebecca Brenner requested job descriptions for both the Planning Board
and Board of Zoning Appeals members. Melchen requested of Connors that the Town Board find a
permanent replacement for him. Melchen agreed to stay on the Planning Board in the interim, but does
not want to be appointed to another seven (7) year term with the known intention to resign early.
Klingensmith added that every December someone's term ends but that no one plans for it.
Klingensmith added that advance notice needs to be given to the Town Board so they can plan ahead
to find replacements.
Gagnon said that there have been times when the Planning Board have been without a member and/or
members have been appointed late. Connors said that a replacement for Melchen should have been
advertised back in October 2015. Melchen agreed to stay on the Planning Board until April 2016.
Gagnon commented that a term should expire at the end of the year OR until a member is replaced so
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they can continue until a new appointment is made. Gagnon suggested clarifying whether it could be
done in conformity with town law.
MOTION - SUGGEST to the Town Board that open vacancies be advertised in October, or two
months before the term ends
Moved by Klingensmith, Second by Kruppa
In Favor: Unanimous
The motion passed
(6) PLANNING & ZONING REPORT:
Randall reported on Work Plan 2016 and handed out copies to the Planning Board for discussion. She
provided thorough details of the plan by section and reported on her research and work efforts in
putting the plan together. Randall mentioned the "Comprehensive Plan Work Program" and said that
she has condensed all of her research and would have additional information on this section next
month. Randall discussed the "Area Planning and Hamlet Design Work Program" and said that the
Town had applied for the Design Connect Award through a student organization at Cornell. She said
that if Danby was awarded it would help bring some of the "Hamlet Revitalization" to life in the form of
illustration.
Randall also gave examples on how to apply for funding for projects that have an economic
development angle. Randall also suggested writing rules for what the town wants in place and as
parcels become available let owners buy and "fulfill" the town's vision. She added that getting the
public's buy in for PDZ is the key to success. Randall said that her audit was almost complete and that
the Work Plan was the preliminary piece to the audit. Randall has allocated 180 hours in the Work Plan
to just Planning and Zoning. Klingensmith asked for an update on the Groundwater Protection Law
and said that the Town Board was expected to vote, pass and implement it. Randall said that she
allocated hours towards the new law and would get it wrapped up ASAP. Randall mentioned the town's
Emergency and Recovery Plan had not been updated since H1N1 and that it was on the Work Plan to
get updated.
Randall also reported on "Growing Danby Greener" and said that the county has authorized several
property tax deductions for building LEED (and other green building certifiers alike) homes. Randall
said that Danby could come up with building and construction incentives for builders if doing so were
supported by the Town. She added that the county authorizes the tax abatement as the assessor, but
that it would need to be passed by the Town Board and be adopted locally. Randall added that
Paul Hansen was also working in tandem with HERD (Home Energy Rating Disclosure Program) and
that they will be giving a presentation to the Town of Danby this year. Randall said that HERD could be
the retrofit and revitalization piece of existing buildings to accompany the new construction of greener
buildings. Randall also commented that all applicants are now required to print and provide copies of
studies, maps, applications, etc., for the Planning Board before the meeting.
Randall also distributed copies of Part 1 of SEQR for PDZ 10 and invited the Planning Board members
to provide comments as either individuals, or as a Board, to her or the Town Clerk. She
said that Part 2 of SEQR for PDZ 10 would be started in February. Gagnon raised concerns about the
Work Plan's timeline and said that interim measures have been discussed over the past year but
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nothing is resolved. Rundle suggested to revisit the idea of a moratorium. Randall said that zoning
amendments are a challenging and time consuming process and added that the audit will have a lot of
useful information to consider.
Gagnon replied…but what about in the meantime? Gagnon said that a moratorium on site plan review
would be of no help at all and a moratorium on building permits could cause problems. Kruppa said
that there are also problems with a moratorium. He said that there is a process to make it happen
which includes public hearings for both the PB and TB, which is also time consuming, so the potential
exists for causing a rush to subdivide.
MOTION - REVISIT ZONING ORDINANCE RECOMMENDED CHANGES
Moved by Gagnon, Second by Selin
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Selin, Kruppa
The motion passed
Connors said that the biggest issue is the cutting up of the lots. Randall is recommending that the
minimum lot size be increased to 20 acres or more in rural areas and that conservation subdivision be
mandatory. Gagnon said, that in light of trying to craft a passing moratorium, wouldn't it be easier to
implement the short-term fixes that were suggested to the Town Board a year ago? Gagnon suggested
getting rid of Land Division by Permit. Klingensmith agreed and said that it was not perfect
but that it would be more effective than a moratorium.
RESOLUTION NO.1 OF 2016 - DELETE LAND DIVISION BY PERMIT
WHEREAS, this action is to ask the Town of Danby to consider a short-term measure of deleting land
divisions by permit; and
WHEREAS, the Planning Board has considered this issue on several occasions and understands the
potential of additional work load during this interim time while zoning is being reviewed and until the
amendment process is completed; and
WHEREAS, the Planning Board has made previous recommended zoning changes to the TownBoard
that were not acted upon; and
WHEREAS, the Planning Board is willing to take on extra work of handling an increased volume of
subdivision applications and associated public
hearings; and
WHEREAS, this is an interim solution until the audit is done and the zoning changes are complete as
part of Work Plan 2016.
NOW, THEREFORE IT IS
RESOLVED, that the Town of Danby Planning Board recommends to the Town Board deleting Article II,
Section 201(B)-LAND DIVISION BY PERMIT, of the Subdivision and Land Regulations of the Town of
Danby.
Moved by Gagnon, Second by Selin
In Favor: Gagnon, Klingensmith, Melchen, Rundle, Selin, Kruppa
The motion passed
(7) COMPREHENSIVE PLAN REPORT:
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The Comprehensive Plan Report will be conducted in accordance with the Work Plan 2016 timeline.
(8) ADJOURNMENT
The meeting was adjourned at 8:40 pm.
______________________________________
Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary
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