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HomeMy WebLinkAbout1990-04-18 3 od TOWN OF DANDY TOWN BOARD MINUTES Special Meeting April iS , 1990 5 : 00 P . M . PRESENT : Supervisor° Dietrich Council. per•• sons -- FrJ trom , Ol7z , Schwartz Town Clerk: -- Sczepanski. OTHERS PRESENT I- Memhers of the Public : Raymond Mayo , Charlotte Mayo . RUebel , John C . Shepardson , Sr . , Vr-tlor• ie Shepardson , Arch Dotson , Richard Moore , Joyce Moore , Elizabeth Poggess , William O . Rappel , Florence S . Shepardson , John Shepardson , Ethel M . klein , I.._ amar Herrin , Paul Visct..tso A Special Meeting of the Danby Town Poard was called to present the Statement of Findings for the " Raptor- Heights " Planned Development District ( Sr- isanzin ) . Supervisor Dietrich called the Meeting to order at 5510 P . M . and reported that the lawyers and the person representing M . Liz © ri. sanzi. o could not be present at this meeting . He said that in all fairness to Ms . Ori. sanzi. o and her developer we are going to postpone the Finding ' s Statement . It has been necessary for the town to ask: for three ( 3 ) el : tensions so we are e , : terisi. on until Monday , April 10 granting this Ya p . 1990 at 7 : 70 F' . M . Supervisor- Dietrich stated that in all fairness to Mr . eeorge Schlect and Ms . Liz erisanzio , they should have access to nll the comments that have been received by the Town . He further said the meeting on April 70 , 1990 will be a very difficult meeting and the town Poard will have some very difficult decisions to MAP . Supervisor Dietrich reported that the Town Poard has come together- with the Findings Statement and are ready to make a decision but do not want to present it or go into any details of its content until Mr . ,Schlect is present . Members of the_Pub_l,ic s John Shepardson -• 319 Ridgecrest Road reason that the developers asked if there was a p - do not have to have an archeologist check: the site and reported that New York State Law required the gas corporation that leases land on his property to have an archeology Survey . Supervisor Dietrich reported that the Town is at a point at this time where they have to either accept or not accept the Findings Statements . If the Town accepts them it doesn ' t mean that in the future when we make a final decision we cannot say no but it must be made on certain kinds of issues . If going to approve the Findings Statements , that thconcludessthat everything is in . Supervisor Dietrich said part of the comments on the archeological issue are in the Statement of Findings . Supervisor Dietrich addressed the Board will. rnak: e public is and stated that the Town available in a public meeting r� tand cannot Statement its content before that time . He further !Mated that content Findings must be made available to Mr . Schlecttrrandthismlawyer when it Is presented to the public . Mr . Shepardson said that he could see building five or SAN houses in this given area , but forty -- five houses and the possibility of more on adjacent lands , sooner or later- there will be the need for water . He questioned who would pay for writer to these I� 3a4 2 developments . Supervisor Dietrich said that thi. a development will impact on the Town ► taxes whether the Town Pc, ar- d says yes or no . He cannot believe that it will not impact on our taxes . If the Board votes no there could possibly be a law suit and it could be costly . Raymond Mayo -. 335 Ri. dgerrest Road -- stated that there would be a law suit if the Town Board votes yes . Supervisor Dietrich explained the reasons for the RE. UR process sand that it is a way to have a definable record of material and data . Richard Moore w' 125 Muzzy Road - presented the following petition to the Town Board containing 139 signatures of neighboring land owners not in support of this project . A__ PET I T I ON.._OPPOSING _ THE_,PROPOSED_ .RAPTOR_,,,,.; HE.I OHTS SUBD I V I_S ION The proposed Raptor Heights Subdivision in the Town of Danby : • 1 ) Violates the community land use goals for preserving open space and rural characters cited in the Town of Danby Comprehensive P1ari . 2 ) CoUld endanger future ground water supplies of the area . 3 ) Encumbers the Town ' s taxpayers with the financial reepontibili. ty for a mile long non - linear road and small park which do not • benefit the town as a whole . 4 ) Concentrates an average year ' s population growth for the Town of Danby on a single 75 .- acre parcel . 5 ) Opens the door for expansion of this subdivision to its neighboring parcel which is owned by the developer ' s sister . 6 . Sets a precedent for similar development in the Town of Danby . For these and the numerous other reasons cited in the public hearings and enumerated in the letters on file with the town , we , the undersigned citizens and taxpayer- !a of Denby , do hereby wish to register- our strong opposition to this proposed development and urge the Town Board to reject it . Supervisor Dietrich stated that copies of the petition would be available in the Town Clerk ' s office . S upervisor Dietrich reported to the public that in his opinion „ the Town Board is doing a suburb Job and it is an extremely hard working Pa rd , HP said that with new members of the Board it gave the Town new energy to put into this project and would not be in the position we are now in without it . Raymond Maya asked if there was a housing development planned in the Nelson Road area . Supervisor Dietrich reported that there have no official. permits .issued for the Nelson Road area . DiscUsti. on followed in regard to future projection and the • Comprehensive Plan . S upervisor Dietrich stated that it is very difficult to make d ecisions from projections today that are accurate five ( 5 ) years from now . :: ..,. tH 3 os- • •J Richard Moore Basked the Town Board if the Comprehensive Plan was a document that now needed to be revised or added to or is it complete . Councilperson Schwartz explained that the Danby Comprehensive Plan is now in effect and we are now working on the Town Map . A new Zoning Ordinance will be written based on the Comprehensive Plan and Town Map . Councilperson Eckstrom explained that the Comprehensive Flan is now in effect and that it is a document that will be reviewed periodically . He further explained that the Zoning Ordinance is the document that is supposed to transition that the qualitative terminology is in the Comprehensive Flan into quantitative . ( In order to do your st..tb - division , this is what you need to do . ) With the Comprehensive Plan and a new ordinance in place more arbitrary decisions can be made up front so that anybody doing any development in the Town of Danby will know what the rules are before they start the process . Raymond Mayo said that the in copy that he has of the Zoning Ordinance that there was no agricultural zone in Danby . Supervisor- Dietrich said that the agricultural zone has changed . The new Town map when it is completed will include agricultural districts . John Shepardson - 80 Muzzy Road said that one of the major concerns is the water supply and reported that along the north side of Nelson Road people in the neighborhood can do one load of laundry and must wait three hours before they can do a second on the other side of the road have a good supply . Mr . Shepardson ✓ eported that an engineer told him that he recently drilled a w ell in this area over two -- hundred ( 200 ) feet deep with a water flow of three ( 3 ) gallons per minute . Three gallons per minute is hardly enough to take a shower with L amar Herrin -- 41 Muzzy Road reported that his neighbors also have a problem with their water supply and must be very careful at all times . S upervisor Dietrich reported that water supply was covered in the Draft Environmental Impact Statement ( DEIS ) . Mr . Shepardson referred to the last paragraph on the last page of the DEIS where the developers say they would not be responsible for lack of water to the neighboring community . • Councilperson Eckstrom reported that the water issue did not go unnoticed . W illiam Rappel --• 66 Muzzy Road addressed the Board and asked could this effort , which is deeply appreciated if the Town saw it to do that , to say no to this development , is that going to have a negative impart on the work with the Town map and making sure this does not happen again . Mr . Rappel asked if the Town citizen ' s could do anything to help . Supervisor Dietrich reported that there are increased costs for legal fees and they will be reflected in our Town budget . Councilperson Eckstrom reported that the legal fees have doubled every year since he come on the Town Board . Councilperson Schwartz said that he thinks there are two major reason 's for the legal increases : 1 ) additional development , and 2 ) a lot of our zoning regulations that were never enforced are now being enforced . The Town is cleaning up a lot of old problems . 3016' 4 Dayrnr., nri M , yo mild he doenn ' t know how trim rent of { hn people t rhl but the money if being inn t th lmrr ► v . Elio Taws And h he fa1n l y dnrn1 ' t havc in obJect f_; c, ►.fr, t- .i. 1. prr scin t' r.. l : er tr am with tf,e r'fttrirnpy from thnt thr town with ' M tr firm F�nrir- d 14 camfort. +ab .lh and inri of tsarnr! y , Hrohjrflr Moth Nor.! atthr�nr our moistly fm wr11. "� l, nnt • Nr .tgan !? r, th in Y for the Town a r [1a ►, hy .. thr C' r, f .fr ► r. .1. lprff c, r► r► � r. hwryr t: .:. r taq ilper• d + ta. f: rd for thr rr� r..: nr. r1 I:. Ii � sr: on pr• or.. f:� can , Ali the pr c� r_ tsdf_fr af ! � f.: tlfr 1 ! ra.►r, f har d In laf..fht� n !� r~ r! tr. , in r- aq ,� r° d to the ,.lr, h► ► 5hr-.. 1:1 ,7Y. dnfarl , Sr . + gr .l. r: f..11. !. f_rrb wilt ntikt!d It the only 1 mnr,1 ftat• r .i. r.: t . {pro what t � t: l ► at w .l. 11. i, r, . t+ P-anM ►i t 1 In rtnrr.1 Y l: 1 , r• Nor .1. rf..r . l: r..fr' M1 $lunf_fprr� v .l. sar- Dietrich Y- f? etra ►, dryd town that hr dc, nq not know thr- .t. r.. o f. r.rr° Iva on at+ i_+ r_ !. Iemt1y farm land . r* l. d .l. Al.: r l. ct . wht: of fort pc, !ro !, .i f� .1. r+ .r• Thr. ! 'rho t.. nr.. tf wn h- !� trr.. m Town r. nrr try to do wlr ,a } ►.► p tl , w 1 .1. f:: r to L: r? r Of .tta own ' t, nin r+ n = f open . i f a ! Argo q wr , land that l, rd l A vwould ! And trrtr, grnryl. irsr q land flwnr:. r .t ►� Arrbtg thr:rr- p .tn not rA la Wan to to N .tv ., . him fp § olution �{ t Anybody emu ric, . Call 50 of 1990 _... ..... . _.........for . .._gf otia. 1 • Board.•._. ..._..._ Hooting. ..... . . .. .... Y Cr,r.ffrt •ttpar- ,ahf1 Er_ L•: gtr • cims aESC1t_ VEc That this hr� r.. r.,ndrd 1, Hooting on hT i l `hi !Thistly Town by Lnunt 9. i f, tir rar, tir., hwj .1. 99rr � t E� afird till ! for .� ►� r' p ! rent the ta :!tCopt 7 , 7! 0 P . M . . rnr.. .i. A1 t?n :trr Nrigf � } q �� 9. (flr;r tfanhY P� aad 1 rlAnr► ad Development bitrtrigt for } hp ►� to tt3r .l. a ,� r , � .1. h ) " 1 ( ral, tor.. A rot , tall votO on t. hp r oboIntion rasr"fl tr:± d Mg fr, l .lowrc Er.: l:•. rtr• om U1. t - r� yti i:7 r° Ifwr•� r t - nyf Dietrich ny " ny _.. . _... __ . _......_..........__. ...._..........._ Carrled Uoaolmoualy FR golutibn A gl of 1990 rf4 fir of Fonda from_._.._.._..._. _._..._._._. . . ASrdun"t A230 . fly Ctif_fr, r .l. lpnr gr, n ' ...Ul t � AR1990 � 4 fly tf! S a gr� r_ onded .. _ d mOrm the Sawn h ,� q - Y Chum_ i l hhr?� r► n P` r_ t., Et tfgr,th - trPA tr d a Capital Improvement ' hind of A MOW town N .ttjhwm lrnprtrvnmhnt rand for the W19EP?E115 , tP ► r, Y f? Arn ( thr, " nro .Prr_ t " ) . and W Eh the town brio Int: Uir- r- ad r_ pr- tbl. n a „ prmont , for WP, 1. r.. 1, .tnvoitCA have pf~ rrfanq 1. n r_ nnnb _ require pa mpn t y And been . rt .l. on P� r.. t'� ?at� n tad And that W11F_ f{Ehg , tPfe� town OonO1414.fr r • a 1. rrfr, d hAo prpviono 1 rml 1. n r- to r- rrAtO A r_ nnt .i. ngr. nr hf_fdcirtr~ f futhe 9. n thn t of to the onrrbr t .ian with the Y fund for n in for lnet t pr•h _1 rr. t the t' aYt t t, f and f? ar n t. api to l nr .tar' tr, r f � rr .tht o f t Improvement t (.-and urrd � WP-tEaEhg , t � , �, chid fi. ar_ A1 t: hn tr, wn t► ciar d ott .tr_ ar of the � ho tfart Authnr- .f. fs An tsdv * hrM fawn has rm . N /l .t. ^ grr as ton tinganr. r, f tf_rndA gt.rf� s, tad t )i � t . � ) of the Y fUnd !a in the fr c,►n the nfar, .trya 0flt Improvement r e Tow►, tti tha town Urnf� r a 1 F tfnd r.. c, trr� 1 . fawn I1l. ghw ,� and ( rt_f ►, d Imprrr. tt now . thrr- ptt, h4 b of re' var, t.raR Y i? Ar ►, [.. a ha It in r_ rinnar_ tion with tthr� aESt1LVEli , by tilt ttit�dN PdAnt9 • f_. ar_ at t .I. nr7nrp Law ME tut tuwt the Advance 5 .t65410 , that UE br'NVE1Y , hf.fr t ire ifnl. '� '� tf of thn qurr► tit 04td6rr0400 trr town P., dard ), pr . pb to Improvement bP' l.fnd the idWrr from tP , p Ue' n ' rA ) Y direct !! t4 ( Fund ifn ? fir► thw town iPighwry r ►.► nd i trod ir_rr. h tr_fnda Y barn Cmni try P. tr► be lined to rimy the 307 5 • . r invoices for Services rendered to the Town in existing invoice car• such advanced funds connection with the Town Highway Parn construction prn .ject , and to be repaid within the 1990 calendar year to the General rc.ind ( rcind 1tA1990 , 4. ) upon receipt of the proceeds of the sale of brands authorized in connection with the project . A roll call vote on the resolution resulted as follows , E rkstrom Aye 01 t Aye S c: hwar t Ayr, D ietrich Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 6 , 20 P . M . Respectfully submitted dekeilan.€142 Carol W . Sczep n ... k. i. Town Clerk • • • 1