Kim Kiniry, a contractor shut down last November for clearing more land than was approved on its site plan and complaints of noise from neighbors, has been reinstated. The Saugerties town planning board has approved an amended site plan that corrects the violations of the earlier plan and restricts the businesses’ hours of operation.
Kiniry West is one of two adjacent properties Kim Kiniry owns on Route 212; The property includes an area for machinery, crushed rock and other storage and section for work on materials. The site plan includes a building and office space.
At a public hearing on the application at the planning board’s July meeting, neighbor Mark Cantor argued that the layout of the land, including a rock ledge he asserted Kiniry had begun removing, created a situation where noise would be transmitted to his property. He also asked that the board limit the hours of operation on the property.
After considerable discussion at the July meeting, the board fixed the hours at 7 a.m. to 5 p.m., with the understanding that the contractor would not be held to that schedule if the safety or functioning of a customer’s sewer, water or other necessary utilities needed additional time. Planning board chairman Howard Post told Gina Kiniry that the exception was only for emergencies, and the 5 p.m. closing time was, in general, mandatory.
The resolution, which the board unanimously approved at its August 18 meeting, shows a changed location for a building on the site, increased landscaping, a stormwater drainage system, improved lighting and a clearer definition of materials storage sites.
The resolution states that hours of operation shall be from 7 a.m. to 5 p.m. Monday through Friday, and that Saturday hours shall be from 8 a.m. to noon. No large machinery is to be used on the site on Saturdays, though smaller equipment, such as a small dump truck or a backhoe, may be used. Work outside the approved hours “shall be limited to emergency responses to related work activities undertaken on an emergency basis only (i.e. sewer main repairs, water line repairs and like measures.”
Planning board member Dan Ellsworth questioned the board’s authority to limit the Kinirys’ hours, as the zoning law allows contractors to work any hours, up to 24/7. Post responded that the planning board has the authority to set conditions in specific cases. In addition, he said, Kiniry had agreed to the limitation in working hours.
Planning board member Ken Goldberg asked whether the limitation would set a precedent for future construction-company applications. Attorney Michael Moriello, representing the applicant, said the exception could only be applied to another business if the circumstances were the same.
Moriello pointed out that Kiniry had agreed to the limitation so he could resume work after the long layoff. For an applicant who had not made such an agreement, the circumstances would not be the same, he said.
No stone grinding, crushing or wood chipping is permitted on the property. In addition, no further removal of a rock ledge on the property is permitted. Mark Kanter has told the board that the ledge helps to contain the sound of work done on the property.
The resolution states that Kiniry had corrected the original violation since the stop-work order was issued. The owner had corrected the original violation and presented plans for additional landscaping to more effectively screen the site. Kiniry has agreed not to extend the work onto an adjacent Kiniry-owned property. Kiniry has submitted a detailed landscaping plan and a lighting plan including shielding that prevents lights from disturbing adjacent propertyowners.
The five-page approval resolution contains a detailed history of Kiniry’s problems, the work to alleviate them, and the steps he still must take to be in full compliance. A certificate of occupancy for the proposed building and storage sites must be obtained before the amenities are used.
Kim Kiniry’s wife, Gina Kiniry, thanked the board for its work.
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