HomeMy WebLinkAbout1992-03-18 1 3
TOWN OF DANBY
PLANNING BOARD PUBLIC HEARING
FIELDSTONE CIRCLE SUBDIVISION
March 18 , 1992 - 7 : 00 P . M .
P RESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , William Farrell , Joel
Gagnon , Paul Viscuso
E XCUSED :
P lanning Board Members : Billy Kelly , Ken Horst
Others Present :
Interim Code Enforcement Officer - Susan Beeners
Secretary - Carol Sczepanski
Project Applicant - Scott Hoffay
Town Supervisor - Mary Oltz
Members of the Public :
E dw . M . Roberts , Raymond and Charlotte Mayo , Don and Doris Coon ,
P enny Beebe , Mrs . Norton , Frank Pecoraro , Michael Hovanec , Barbara
B lanchard , Harriet Moore , Jimmy Miller , John C . Shepardson , Sr . ,
Ric Dietrich
The public hearing was called to order by Chairperson Weitzel at
7 : 20 P . M . and the following notice of meeting was read :
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN , that a public hearing will be held by the
Town of Danby Planning Board of the Town of Danby at the Town Hall ,
1830 Danby Road , Ithaca , New York 14850 on the 18th day of March
1992 at 7 : 00 P . M . Purpose of hearing is to consider the Final Site
P lan and Final Subdivision Approval for the proposed Fieldstone
Circle Subdivision ( formerly known as " Raptor Heights II " )
submitted by Scott Hoffay and Elizabeth Grisanzio , proposed to be
located on Town of Danby Tax Parcel No . 2 . - 1 - 49 . 3 , on Danby Road ,
south of Muzzy Road .
At such time an place all persons interested in the subject matter
thereof will be heard concerning the same .
B y order of the Planning Board .
Published March 12 , 1992
Scott Hoffay ( applicant ) presented the Final Site Plan and
D eclaration of Restrictive Covenants for Fieldstone Circle
Subdivision to the Planning Board .
Comments from the Public :
Raymond Mayo of 335 Ridgecrest Road asked if lot number 24 for the
model home site was an addition to the project that was previously
approved .
No other public addressed the Planning Board
Motion to Close Public Hearing :
A motion was made by Arch Dotson and seconded by Paul Viscuso to
close the public hearing at 7 : 30 P . M .
Carried Unanimously
D ISCUSSION - - FIELDSTONE CIRCLE PROPOSED SUBDIVISION - PLANNED
DEVELOPMENT ZONE
D eclaration of Restrictive Covenants for Fieldstone Circle
Subdivision .
The following changes in the document are recommended by the
P lanning Board . Items in [ ] are deleted underlined material is
new .
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2 Planning Board Minutes
Public Hearing
March 18 , 1992
1 ) Item No . 6 - - the following language ' is to be inserted :
at any time without approval of the review board , or
used as a
2 ) Item No . 19 - - strike [ without approval of the Town of Danby . ]
3 ) Item No . 21 - - delete the word [ only ]
4 ) Item No . 23 - - add the following language after
covenants , subject to the approval of the Town Board as
provided for in No . 18 .
5 ) Item No . 2 - - add the following language - - After the six ( 6 )
year period , Lot A shall be subject to the same restrictions
for all other lots without exception .
Suggested Language for Fieldstone Circle Subdivision Plat for
" natural / rural space " area east of lots 7 , 9 , 10 , 12 , 13 and 14 .
There was discussion related to the set aside requirement and
✓ eference was made to the Town Board Resolution No . 20 of 1991
e ntitled " Requirements for Application to the Town of Danby for
Approval of Raptor Heights II Planned Development District . "
Susan Beeners said that there is a note on the map that refers to
the twenty ( 20 ) acre set aside . When the Plat is filed with the
County the twenty ( 20 ) acres will appear as a separate piece of
land . The reference to the restrictive covenants covers the set
aside and that it is part of the approved plat .
The following suggestions were made to be incorporated in the
suggested language :
Page No . 1 - Plan A - - delete - - [ is not part of the approved
plat ]
Page No 1 - Plan B - delete - - 1 ) [ without approval of the
Town of Danby . 2 ) " natural / [ rural space " ) and insert
" natural / open space " .
Agreement Between Elizabeth Grisanzio , Sponsor and owner of
Fieldstone Circle and the Town of Danby
Susan Beeners said that this document is between the owner and the
Town Board . She recommended that the Planning Board modify the
agreement to allow for Mr . Hoffay to obtain a building permit for
his model home site prior to final approval of the agreement by the
Town Board .
The following changes are recommended :
1 ) Item No . 3 to be amended as follows - - The sponsor shall be
e ntitled to obtain a building permit ( s ) for the model home ( s )
and sales office on Lot A prior to such approval .
2 ) Item No . 2 - - add after financial guarantees required in
Section 612 of the Town of Danby Subdivision Regulations
and Town of Danby Highway specifications and 604 of the Town
o f Danby Subdivision Regulations . Delete [ ( See Subdivision
Regulations of the Town of Danby , New York Section 612 . ) ]
3 ) Item No . 7 - delete [ including the ( stone ) foundation ]
Susan Beeners clarified the proposed wording and suggested that the
subdivision approval be based on the approval of the form and
content of the proposed Declaration of Restrictive Covenants for
Fieldstone Circle Subdivision and the proposed agreement by the
Town Attorney and the Town Board .
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3 Planning Board Minutes
Public Hearing
March 18 , 1992
S usan reported that she has met with the Tompkins County Planning
D epartment and has received a reply that there are no significant
impacts . Tompkins County Planning commented on a few minor
concerns : 1 ) septic system on Lot # 19 is across from a drainage
way ; 2 ) suggested access to Muzzy Road if possible ; 3 )
liability of the pond ; 4 ) the subdivision lacks public open space .
Chairperson Weitzel requested that a copy of the development layout
be sent to the fire department after lot numbers have been
assigned .
RESOLUTION NO . 1 OF 1992
APPROVAL OF FINAL SITE PLAN FOR " FIELDSTONE CIRCLE SUBDIVISION "
B y Joel Gagnon : Seconded by Paul Viscuso
WHEREAS , the Town of Danby Planning Board at a Public Hearing held
on March 18 , 1992 reviewed the application for final Site Plan and
Final Subdivision Approval for " Fieldstone Circle Subdivision "
proposed to be located in Planned Development Zone No . 12 , on Danby
Road , Tax parcel No . 2 . - 1 - 49 . 3 , and
WHEREAS , such application included the following materials :
Subdivision Plat , Engineering Plan , and typical details and cross -
sections , dated March 18 , 1992 , prepared by George Schlecht , P . E . ,
L . S . ; Agreement Between Elizabeth Grisanzio , Sponsor and owner of
Fieldstone Circle and Town of Danby , Declaration of Restrictive
Covenants for Fieldstone Circle Subdivision , and Suggested Language
for Fieldstone Circle Subdivision Plat for " natural / rural space "
area east of lots 7 , 9 , 10 , 12 , 13 , and 14 , now be it
RESOLVED , that the Town of Danby Planning Board grant and hereby
does grant Final Site Plan and Final Subdivision Approval to
" Fieldstone Circle Subdivision Planned Development Zone subject to
the following provisions :
1 ) Approval by the Town Attorney and the Town of Danby Town board
o f the form and content of the proposed Declaration of
Restrictive Covenants and the proposed Agreement between the
P roject Sponsor / Owner and the Town of Danby , with changes as
✓ equested by the Planning Board on March 18 , 1992 ;
2 ) The developer shall be entitled to obtain building permits for
the model homes and sales office on Lot A prior to the
approval stated in ( 1 ) above .
A roll call vote on the resolution resulted as follows :
D otson Aye
Farrell Aye
Gagnon Aye
✓ iscuso Aye
Weitzel Aye
Carried Unanimously
ADJOURNMENT :
On a motion the meeting following Fieldstone Circle public hearing
was closed at 7 : 50 P . M .
Karol W . S panski
Secretary
19
TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 7 : 50 P . M . March 18 , 1992
P RESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , William Farrell , Joel
Gagnon , Paul Viscuso
E XCUSED :
P lanning Board Members : Billy Kelly , Ken Horst
O thers Present :
Interim Code Enforcement Officer - Susan Beeners
Secretary - Carol Sczepanski
P roject Applicant - Scott Hoffay
Town Supervisor - Mary Oltz
Members of the Public :
E dw . M . Roberts , Raymond and Charlotte Mayo , Penny Beebe , Michael
Hovanec , Barbara Blanchard , Harriet Moore , Jimmy Miller , John C .
Shepardson , Sr . , Ric Dietrich , Diane Sherwood , Ted Jones , Neil
Sherwood , Harriet Moore , Jimmy Miller
Chairperson Weitzel called the meeting to order at 7 : 50 P . M .
Corrections to February 19 , 1992 Planning Board Minutes :
1 ) Page LA — delete the word " small " in reference to the
woodworking business ;
2 ) Page 5 - - delete Chairperson Weitzel ' s remarks at the end
3 ) Page #3: at the end add . . . " and it was decided to focus
attention on this proposal at the regular meeting of the
Planning Board .
A • • roval of the Februar 19 1992 Plannin • Board Minutes :
A motion was made by Joel. Gagnon and seconded by Paul Viscuso to
approve the February 19 , 1992 Planning Board Minutes as corrected .
Carried Unanimously
Corrections to February 27 , 1992 Planning Board Minutes :
1 ) Page 1 - - delete " Mr . Hovanec need to obtain " insert " but
subdivision approval may be needed . . . "
2 ) Page 1 - - second sentence add after subdivision " approval " as
he . . .
3 ) Page 2 - - delete " and a variance must be granted by the Board
of Zoning Appeals "
4 ) Page 2 - - delete the word " council " replace with " counsel "
5 ) Page , 3 - under discussion after property . . . " It was agreed "
placement . . . .
Approval of February 27 , 1992 Planning Board Minutes :
A motion was made by Joel Gagnon and seconded by Paul Viscuso to
approve the February 27 , 1992 Planning Board Minutes as corrected .
Carried Unanimously
COMMUNICATIONS :
1 ) Notice of Workshop - Village of Lansing - Saturday , March 28 ,
1992 from 9 a . m . to 4 p . m . at NYSEG for members of Board of
Zoning Appeals , Planning Boards and other Legislative body .
2 ) New York State Office of Rural Affairs Rural Satellite Network
spring series of Teleconferences on Land Use , Planning , and
Zoning . April 6 , 13 , and 20th .
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2 Planning Board Minutes
March 18 , 1992
3 ) Finger Lakes Land Trust - Conservation Easement donated by
Archie and Esther Dotson for their land in the Town of Danby
at 248 Updike Road . A copy of the easement is on file in the
Town Clerk ' s Office .
Code Enforcement Report
Interim Code Enforcement Officer reported that construction is
picking up . She has received several inquiries this month
regarding new construction and several requests for permits for
doublewides .
PRIVILEGE OF THE FLOOR :
Paul Viscuso reported that he and Joel Gagnon attended the
Agriculture and Open Space Meeting at Cornell on March 6 and he
felt it was informative . Agriculture use was the main focus of the
meeting . It was interesting that amount of taxes paid on
agriculture land ( very much subsidized by residential lands by
homeowners ) is far greater than the amount of services that ag land
requires from the County and the Town by a factor of 3 or 4 .
Scheduling of Planning Board Meetings :
Susan Beeners asked the Planning Board to consider a Special
Working Session to review the Hillview Terrace Mobile Home Park
Expansion proposal . Mary Lou Hardesty asked for a request in
writing of all information that the Planning Board might see as
desirable before considering the application complete enough for
a public hearing .
Planning Board Special Meeting - Approval
A motion was made by Joel Gagnon and seconded by Arch Dotson to
schedule a Planning Board Working Session Thursday , April 2 , 1992
at 7 : 30 P . M . Purpose of the meeting is to review the Hillview
Terrace Mobile Home Park Expansion Proposal .
Carried Unanimously
Hovanec Subdivision Proposal
Michael Hovanec submitted a completed application for a subdivision
proposal of three ( 3 ) lots on Town of Danby Tax Parcel # 11 . - 1 - 6 . 103
on Route 96B near Steam Mill Road and an application for a Special
P ermit to place a doublewide mobile home on one parcel .
D iscussion followed :
P aul Viscuso said that he still has a question regarding the
validity of the building permits that were issued for this
property . The Planning Board is waiting for an opinion in writing
from the Town Attorney regarding the application requirements for
a doublewide , subdivision requirements , and counsel ' s position on
the legality of two ( 2 ) building permits issued for this property .
Hovanec - Public Hearing Scheduled
A motion was made by Paul Viscuso and seconded by Joel Gagnon to
schedule a Public Hearing by the Planning Board Thursday , March 26 ,
1992 at 7 : 30 P . M . . The purpose of hearing is to consider a
proposal submitted by Michael Hovanec for a subdivision of 5 . 27
acres into three ( 3 ) lots and a special permit to place a
doublewide mobile home on one lot . The proposed site is located
on Route 96B near Steam Mill Road on Town of Danby Tax Parcel #
11 . - 1 - 6 . 103 .
Carried Unanimously
P hinney - Proposed Subdivision
A proposal was submitted by Harriet Moore for Charles and Eloise
P hinney for a subdivision of 1 + acre from Town of Danby Tax Parcel
1 . - 1 - 19 . 2 at the intersection of West Jersey Hill and West King
Road .
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3 Planning Board Minutes
March 18 , 1992
Interim Code Enforcement Officer reported that there was no
conveyance or lot of deed record filed before the Town ' s
subdivision regulations were adopted and in effect . She said the
application was ready to be addressed at a public hearing .
Discussion followed regarding public hearing requirements related
to the new regulations for one lot ( minor ) subdivisions .
Phinney - Public Hearing Scheduled
A motion was made by Chairperson Weitzel and seconded by William
Farrell to schedule Public Hearing by the Planning Board Thursday ,
March 26 , 1992 at 8 : 00 P . M . Purpose of hearing is to consider a
proposed minor subdivision of Phinney to Beebe of a 1 . 3 acre lot
from Town of Danby Tax Parcel No . 1 . - 1 - 19 . 2 owned by Charles and
Eloise Phinney and located at the intersection of West Jersey Hill
and West KIng Roads .
Carried Unanimously
Susan Beeners said that notice of the public hearing should be hand
d elivered to the neighboring land owners of the proposed
subdivision to meet the notification requirements . Neighbors must
be notified seven ( 7 ) days before the public hearing .
P hinney - Sketch Plan Review for Proposed Subdivision
H arriet Moore submitted a Letter of intent and a sketch plan for
West Jersey Hill Acres Subdivision proposed by Charles and Eloise
P hinney . The proposal is to subdivide a parcel of thirty - three ( 33 )
acres north of West Jersey Hill Road . ( Town of Danby Tax Parcel 1 . -
1 - 19 . 2 ) The Phinney ' s would like to subdivide the parcel and sell
one lot per year to supplement their retirement income . The
III proposal is for five ( 5 ) lots consisting of 2 acres each with the
remaining land to be retained by the Phinney ' s .
The Planning Board reviewed the Phinney Subdivision Proposal and
Sketch Plan .
Susan Beeners said that a conventional sketch plat showing that
all the subdivision requirements can be met would be a good start
for this project .
Mark Bristol - Request for Variance
S usan Beeners reported that following :
Mark Bristol has submitted a proposal and a request for a variance
for a property on Troy Road ( near Nelson Road ) . The request is to
subdivide his parcel into three ( 3 ) lots . Mr . Bristol has
submitted an . appeal to the Board of Zoning Appeals for a variance
for one lot . .
ADJOURNMENT :
On a motion the Planning Board Meeting adjourned at 10 : 10 .
Respectful submitted
aj&i 4 •
Carol W . Sczepanski , Secretary