HomeMy WebLinkAbout1992-04-15 3
TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 7 : 30 P . M . April 15 , 1992
P RESENT :
Chairperson Nancy Weitzel
Planning Board Members : Arch Dotson , Bill Farrell , Joel Gagnon ,
Billy Kelley , Paul Viscuso
ABSENT :
K en Horst ( excused )
O thers Present :
Code Enforcement Officer - Susan Beeners
Secretary - Carol Sczepanski
Members of the Public :
W illiam Rubenstein , Ken and Lilly Newton , Diane and Neil Sherwood ,
Evie Eisenberg , Sarah Rienzi , Patricia Button , Sharon and Michael
Tierney , Paul Norton , Ric Dietrich , Ted Jones , Mary Lou Hardesty ,
B ill Albern
The meeting was called to order by Chairperson Weitzel at 7 : 30
P . M . .
Approval of Minutes
Corrections to March 18 , 1992 Minutes
1 ) Page 2 and page 3 - name of mobile park - - Hillview Terrace
Mobile Home Park ;
2 ) Page 4 - under the Mark Bristol - Request for variance -
delete the word " that " insert " the "
March 18 , 1992 Minutes Approved :
A motion was made by Joel Gagnon and seconded by Paul Viscuso to
approve the March 18 , 1992 Planning Board Minutes as corrected .
Carried Unanimously
Corrections to March 26 , 1992 Minutes :
Public Hearing - Hovanec - Minutes
1 ) Page 2 - under Request for Special Permit - delete the word
" when " this doublewide . . . .
March 26 , 1992 Public Hearing Minutes Approved :
A motion was made by Joel Gagnon and seconded by Paul Viscuso to
approve the March 18 , 1992 Planning Board Public Hearing - Hovanec
minutes as corrected .
Carried Unanimously
Corrections to Public Hearing - Phinney / Beebe
1 ) Page / - Comment from Ted Crane - delete the word " meant " and
insert " . Did it mean " . . .
2 ) Page 2 - third paragraph - insert " is " a minor . . .
3 ) Page t - third paragraph - add after Regulations . " Up to four
( 4 ) lots can be created before triggering major subdivision
review .
4 ) Page 2 - under Dominick Paolilo - delete the word " why " and
insert the word " whether " .
5 ) Delete Adjournment at end of minutes
March 26 , 1992 Public Hearing - Phinney / Beebe Minutes Approved
A motion was made by Joel Gagnon and seconded by Arch Dotson to
approve the March 26 , 1992 Public Hearing - Phinney / Beebe Minutes
as corrected .
Carried Unanimously
34
2 Planning Board Minutes
April 15 , 1992
Special Meeting - March 26 , 1992 Planning Board Minutes
1 ) Page 1 - bottom of page - insert after acreage " to the center
of " boundary right of ways .
2 ) Page 2 atin=Rzpejaac - Resolution Negative Declaration for
P hinney Subdivision and Negative Declaration for Negative
D eclaration for Hovanec Subdivision Amended - - Fourth WHEREAS .
MOTION TO AMEND RESOLUTIONS :
A motion was made by Joel Gagnon and seconded by Paul Viscuso that
the Planning Board of the Town of Danby amend the Resolutions
entitled " Negative Declaration for Phinney Subdivision " and "
Negative Declaration for Hovanec Subdivision as follows :
D elete - - - [ WHEREAS , the Planning Board is legislatively
d etermined to act as Lead Agency for this unlisted action now
be it ]
Insert - - - WHEREAS , the Planning Board is acting as Lead Agency
for this unlisted action for which no coordinated review is
required , now be it
3 ) Page 2 - Phinney to Beebe Subdivision Approval - - delete the
word " and " replace with " with " .
4 ) Page 2 - 1 - - add " It was noted by Susan Beeners
that "
5 ) Page . - Hovanec - Fee for Final Plat Waived - - - add " It was
noted by Susan Beeners that " .
6 ) Page , - Hovanec - Request for Special Permit . . . delete 2nd
" on a lot located "
A vote on the motion resulted as follows :
Carried Unanimously
March 26 , 1992 Special Meeting Minutes Approved :
A motion was made by Joel Gagnon and seconded by Billy Kelley to
approve the March 26 , 1992 Special Meeting of the Town of Danby
Planning Board Minutes as corrected .
Carried Unanimously
COMMUNICATIONS :
1 ) Thank you letter from Michael Hovanec dated April 1 , 1992
2 ) 1990 - 91 Update - New York State Solid Waste Management Plan
3 ) Petition to Town of Danby Planning Board and the Danby Town
B oard from Adjacent landowners and nearby residents of the
proposed Hillview Terrace Mobile Home Park with seventeen ( 17 )
signatures ( Submitted to the Town Board on April 13 , 1992 and
P lanning Board on April 15 , 1992 . ) A copy is attached as
Insert No . 1 of April 15 , 1992 Planning Board Minutes .
PRIVILEGE OF THE FLOOR :
Ted Jones of 109 South Danby Road addressed the Planning Board and
reported that he and several members of the neighborhood attended
a working session of the Planning Board on April 2 , 1992 regarding
the proposed Hillview Terrace Mobile Home Park expansion . He asked
the following questions related to the proposal .
1 ) Is this a new zoning application considered under the
current ordinance and how it is being viewed by the
Planning Board ?
2 ) How can the residents obtain copies of materials
submitted by applicant if they can be made available ?
3 ) How can he get a copy of the suggested amendment to the
zoning ordinance and who proposed it .
35
3 Planning Board Minutes
April 15 , 1992
4 ) Requested a response from the Town Planning Board in
reference to their petition preferably at a working
session where residents can participate other than a
public hearing .
P lanning Board Response to questions :
Mobile Home Park Application :
Interim Code Enforcement Officer Susan Beeners responded to the
above questions . She reported that as she understands the
application it is rezoning to mobile home park zone within the
boundaries of a pre - existing planned development zone . This
application is being treated as a rezoning proposal for which the
P lanning Board will make a recommendation to the Town Board .
S usan said that she would like the Planning Board to find the
application complete enough to set a public hearing date so that
the public comments could be officially registered . She submitted
a proposed list of materials for a public review file and asked the
B oard to review the Draft SEQR materials .
P ublic wishing to receive copies of materials must submit a Freedom
of Information Request to the Town Clerk .
D iscussion followed regarding what materials were public record .
Susan said that she would be glad to speak about the Draft SEQR
Review in public after public hearing and comment but does not
think that it is appropriate for that document to be made public
at this time . The other records may be viewed on request .
Chairperson Weitzel requested residents to submit concerns and
requests in writing to the Planning Board so that they can be
addressed .
Suggested Amendments to the Zoning Ordinance :
J oel Gagnon reported that the suggested amendments / modifications
to the zoning ordinance would be addressed when the Planning Board
h as time to work on them .
Motion to Make Records of Proposed Hillview Terrace Mobile Home
P ark Application Materials Available - Approved
A motion was made by Joel Gagnon and seconded by Arch Dotson to
make the following items listed in the Proposed Public Review File
for Hillview Terrace Mobile Home Park Expansion available to the
public for review before public hearing .
- 12 / 2 / 91 Site Plan , 12 / 5 / 91 EAF / initial application
- 1 / 30 / 92 Report from Brayton Foster , Consulting Geologist , with
2 / 13 / 92 transmittal letter from Mary Lou Hardesty
- 12 / 20 / 91 to present agency correspondence ( between outside
agencies and Town )
- 3 / 92 Narrative of present and proposed development
- 3 / 11 / 92 letter from S . Beeners to Mary Lou Hardesty on zoning
clarification
- 3 / 30 / 92 map showing Improved / New Drainage , Existing Park
- 4 / 1 / 92 EAF I revision
- 4 / 1 / 92 ( review from 3 / 1 / 92 ) Request for modifications of Zoning
Ordinance Section 605
- 4 / 1 / 92 letter from Tompkins County Health Department to Mary Oltz
- 4 / 2 / 92 Petition from neighboring residents
- 4 / 2 / 92 Submissions from Hardesty : Registration Certificate , etc .
- Census Information
- Aquifers Map
- DEC Wetlands Map
- Aerial
6
4 Planning Board Minutes
April 15 , 1992
A vote on the motion resulted as follows :
D otson Aye
Farrell Aye
G agnon Aye
K elley Aye
✓ iscuso Aye
Weitzel Aye Carried Unanimously
Ric Dietrich of 100 South Danby Road referred to the Planning Board
Minutes of December 18 , 1991 , January 15 , 1992 and asked the Board
to get in touch with Attorney Roth regarding the history of the
P lanned Development District . The minutes indicate a quite
d ifferent view of pre - existing use . He said that he thinks any and
all information submitted to this Board at a public meeting should
be available to the public . The public needs to know what to react
to .
N eal Sherwood of 2352 Danby Road reported that his concerns are
addressed in the petition that was submitted .
K en Newton of 2 South Danby Road reported that he owns a small
portion of the pond located on the proposed mobile home park
e xpansion and is concerned about the liability of the pond .
B ill Farrell said if the pond and pond drainage was a real issue
the pond could be filled in .
County Planning Board Report :
P aul Viscuso reported that the Tompkins County Planning Board met
o n April 8 , 1992 and reported the following highlights .
1 ) Joan Jurkowich from Tompkins County lan« iin talked about
E lements of a Comprehensive Plar� `toF Tompkins County° dzt-
. Tompkins County Planning is in the process of
d eveloping a Comprehensive Plan and hopes to complete it
within the next year .
2 ) Peter Trowbridge a landscape architect from Cornell spoke
about three ( 3 ) New York State Greenway Projects and the Erie
Canal Project .
3 ) Deborah Dietrich spoke about a comprehensive planning project
in Owego , New York and said it was a pleasure to work outside
Tompkins County . Deborah and Stu Stein are consultants
h elping Owego develop a comprehensive plan .
4 ) Tompkins County Municipal Planners held a meeting on
April 14 , 1992 - Guest Speaker was Scott Chatfield , a
Municipal Attorney specializing in Zoning and Planning .
Code Enforcement March 1992 Report :
The March 1992 Code Enforcement Report was approved . Chairperson
Weitzel asked Susan Beeners to include the locations for the
building permits in future reports .
NEW BUSINESS :
Application Materials for the Proposed Hillview Terrace Mobile Home
P ark Expansion
The Planning Board reviewed the Tompkins County Aquifers Map of the
Town of Danby and the proposed mobile home park area .
Questions related to the project :
1 ) Perk tests performed during 1991 during a dry summer .
2 ) Percentage of petition signatures adjacent to the project
property .
z7
5 Planning Board Minutes
April 15 , 1992
A tax parcel map was presented by Susan Beeners of the properties
surrounding the proposed mobile home park . She reported that
tentatively the petition represents the owners of approximately
twenty percent ( 20 % ) of the land affected within 100 feet or
directly across from the existing park . The twenty percent ( 20 % )
o f land affected does not include lands owned by the Hardesty ' s
( the planned development district ) which also borders a portion
o f the proposed ' expansion .
3 ) Buffer area -
Mr . Albern said a new drawing will be prepared for the public
hearing . It is necessary to know whether a fifty ( 50 ) foot or
thirty ( 30 ) foot buffer will be required .
4 ) Drainage ( Susan questioned the accuracy of the drainage near
the pond . )
5 ) Bus Shelter - removed from plan for safety reasons
6 ) Number of residents expected
7 ) Parking for residents - solid fence with convenience parking
for mail pick up and park and ride residents
8 ) population density in park and surrounding park
Discussion followed regarding the history of the mobile home park .
Mary Lou Hardesty made the following statements regarding the
history of the park :
1 ) they purchased the mobile home park to make a living ;
2 ) they are self employed people and do not work for a
corporation that provides the luxury of putting funds aside
for retirement ;
3 ) this project is their retirement ;
4 ) there are two ( 2 ) persons listed on the petition that owned
their property before the mobile home park was developed ;
5 ) everyone else has purchased their homes knowing that there was
a PDD there .
Arch Dotson said that it is a classical problem in zoning , the
comfort , interest and rights . The interests and rights of the
Hardesty ' s are clear but the rights and interests of those that are
adjacent are also clear . The questions are not so much technical
questions about the skirting , buffers , hedges and whether we
landscape the fences , etc . they are the basic of the conflict
between this proposed density with 32 units on it and the land
adjacent which is quite different in character .
J oel said that we have a zone that was created and it is unclear
to what extent more was intended or more was agreed to .
B ill Farrell asked if in the planning of a high density zone in
t he a downtown Danby if a mobile home park was included in the
planning . We already have a mobile home park established .
Susan Beeners said there is some kind of reasonable fact in the
minutes that there was a mobile home park that apparently triggered
the establishment of a large PDD . This is an application for a
Mobile Home Park Zone within an existing PDD .
Chairperson Weitzel read the motion passed by the Town of Danby
Town Board on December 9 , 1991 to accept the Application of the
Hillview Terrace Mobile Home Park Expansion and to pass the
application to the Planning Board .
6 Planning Board Minutes
April 15 , 1992
Susan explained that in August 1970 a PDD was approved that was a
big footprint that included properties outside of the existing park
and on that same date the existing park was approved .
Joel said that a PDD was established with a large 47 or more acre
footprint and the site plan that was approved was for twenty - six
units .
Chairperson Weitzel said that was what they could afford at that
time knowing it was going to be completed in sections as the money
became available . In the meantime the property has changed hands .
At the time the park was developed several of the existing homes
were not there . She said the residents that are new to that area
knew that the park was there when they purchased or built their
homes . She reminded the residents that the previous owners of the
park was proposed to expand in stages .
The residents in attendance argued with the Chair regarding the
history of the park and the previous owners intent to expand .
Motion to Consult Town of Danby Town Attorney
A motion was made by Arch Dotson seconded by Joel Gagnon
that the Town of Danby Planning Board consult our Town counsel with
respect to the questions that have been raised which include :
1 ) a re - examination of the original designation of this area as
a PDD ;
2 ) any matters of record with respect to the uses of this land
within the PDD and any changes that have occurred over time
with respect to any of them ;
3 ) the transmission through the deeds of rights of usage ,
whether such transmission is through fee simple property
transactions or not ;
4 ) any other related legal issues involved in the property
transfer of the then designated district .
Discussion :
Paul Viscuso said he has a related question - - If indeed we are to
look at this as a brand new PDD , what prior documentation do we use
to support this ? He said he doesn ' t have the advantage of knowing
what happened 22 years ago . What is on record and what previous
records should we be using ?
Billy said he thinks this Board as a Board needs to listen to the
facts of the plans for this place and the people who live near by .
We can ' t have this bickering as far as he is concerned - - about who
is right , who ' s wrong , who should have the right to speak . He said
we all have the right to speak and as a Board member he believes
it is part of our job .
J oel said the problem is that there are irreconcilable differences .
B ill Farrell said he personally knew the previous owners and at
that time . They did most of their own work on the existing park
as they were able to afford it . It was his understanding that they
did intend to expand when they could afford to do so .
A roll call vote on the motion resulted as follows :
Arch Dotson Aye
William Farrell Aye
J oel Gagnon Aye
B illy Kelley Aye
P aul Viscuso Aye
Nancy Weitzel Aye Carried Unanimously
.3 9•J
7 Planning Board Minutes
April 15 , 1992
Motion to Table Hillview Terrace Mobile Home Park Expansion
P roposal
A motion was made by Joel Gagnon and seconded by Paul Viscuso that
the Town of Danby Planning Board table further review and
d iscussion on the Application for the Hillview Terrace Mobile Home
P ark Expansion pending counsel ' s opinion .
A vote on the motion resulted as follows :
Carried Unanimously
Mark Bristol Request for Subdivision
Mark Bristol submitted a request to subdivide a property located
o n Troy Road on Town of Danby Tax Parcel # 3 . - 1 - 9 . 5 consisting of
4 . 68 acres into two ( 2 ) lots . He also would like to build a home
w ith an apartment and a garage to use as a workshop for home
occupation . The property road frontage of 288 ' is not sufficient
for two building lots of 150 ' per lot as is required in our zoning
o rdinance .
D iscussion followed regarding the road frontage requirement and
the apartment requirement for the home to be owner occupied . Two
( 2 ) homes were proposed with apartments .
D iscussion followed regarding the size of the garage ( shop ) and the
its intended use . A special permit must be obtained for a building
to house a home occupation .
Motion to Refer to the Board of Zoning Appeals :
A motion was made by Joel Gagnon and seconded by Arch Dotson to
✓ efer the request submitted by Mark Bristol to subdivide a property
located on Troy road on Town of Danby Tax Parcel # 3 . - 1 - 9 . 5
consisting of 4 . 68 acres into two ( 2 ) lots to the Board of Zoning
Appeals to consider a road frontage variance .
A vote on the motion resulted as follows :
Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 45 P . M .
Respectfully Submitted ,
Carol W . Sczepanski , Secretary
min - 4 - 15 . 92
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April 2 , 1992 sii eTo : Town of Danby Planning Board and the Danby Town Board
From : Adjacent landowners and nearby residents of the proposed
H illview Terrace Mobile Home Park .
Re : Opposition to the Proposed Hillview Terrace Mobile Home Park
Zone application .
This petition has been prepared for the Town Board of Danby and
for the Planning Board of Danby as a declaration of disapproval
of the proposed mobile home park zone . The signers of this
petition feel that for the reasons listed below the Hillview
Terrace Mobile Home Park Zone application should not be approved .
1 . Character of the Neighborhood
U nder Article VI : Zone Regulations of the Town of Danby Zoning
Ordinance , Section 605 - Mobile Home Park Zone line two states that
. . consideration shall be oiven to the environmental
characteristics of the area . such as . . . the character of the
location in relation to the adjacent properties .
P eople have chosen to live in this area because it provides the
peace and quiet that only a rural setting can offer . Most homes
in the neighborhood are on large plots of land and all new homes
that are being built nearby are also on large plots .
Furthermore , all these plots of land are owned by the homeowner .
The exception to this is a relatively small mobile home park
owned by the Hardesty ' s . This park is secluded and for the most
part does not detract from the neighborhood . With this mobile
home park the neighborhood has a fairly even ratio of mobile
homes to houses . An increase in this ratio on the side of mobile
homes will result in the neighborhood becoming primarily a high
density low income housing area . This will change the character
of the adjacent properties and the neighborhood is such a way as
to lower the Quality of life for the current residents and will
have a negative impact on the value of their homes .
Further issues regarding the Quality of life for current
residents include increased noise levels in the neighborhood ,
distracting and unpleasant levels of night lighting , increased
traffic volume , loss of the scenic and rural character of the
neighborhood and the resulting loss of privacy .
2 . Water Quality and Environmental Concerns
There is an ongoing concern by owners of adjacent properties that
the quality of water to their homes is being compromised by poor
water and sewage management at the present mobile home park and
that the addition of more mobile homes will further exacerbate
this issue . , /
gammina S 4 t &si - 7 - is 72
•
P age 2 - Hillveiw Terrace Petition
W ater Quality and Environmental Concerns - continued
Three adjacent homeowners currently have problems with water
✓ unoff from the mobile home park and adjoining land owned by the
Hardesty ' s . This runoff has filled basements and flooded yards
o n several recent occasions .
The water of one adjacent homeowner is contaminated with bacteria
and has to be filtered to make it potable . The source of this
pollution has not been fully determined and there is a
possibility that it is coming from the current trailer park
septic system which is located uphill from the well . This same
property lies adjacent to the proposed mobile home park leach
field .
It has been noted that the field on which the proposed
d evelopment is sited becomes saturated with water for prolonged
periods during the spring months . No percolation tests have been
conducted during these times .
We are also concerned that leacheate from the proposed septic
system may contaminate nearby wells and / or reach the creek bed on
the east side of Route 96 and disburse toxins further down
stream . This is a very real possibility because the hill on
which the proposed site is located is a watershed for the creek .
S tream washouts during the spring are common .
3 . Water Availability
All adjacent homes have shallow water wells , at least one of
which has run dry with only conservative water usage . Attempts
to bore deeper wells have failed because of a layer of salt water
that makes the water unpotable . In fact some of the properties
have leased salt rights to mining companies . If the current
water table drops or becomes contaminated these home owners will
have no viable options for developing a new supply .
Residents who live uphill from the proposed site also have
shallow water wells and are very concerned that an added draw
from the water table may very possibly leave them without water
during the dry times of year .
4 . Traffic Control
A visit to the proposed site during morning or evening rush hour
will show that a dangerous situation currently exists in regards
to traffic congestion at the intersection of South Danby Road and
Route 96 . We are concerned that the sites proximity to the
intersection will greatly increase the likelihood of traffic
accidents .
antcdy andtd - yic 92
•
•
page 3 - Hillview Terrace Petition
In conclusion :
For these reasons we formally request that the Hillview Terrace
Mobile Home Park zoning application be denied .
If the Planning Board is inclined to approve the application we
petition the board to do so only after the following requests
have been met :
1 . We request that the planning board require the Hardesty ' s to
address and resolve current water quality issues before
proceeding with any further review of the proposed mobile home
park zoning application .
2 . We further request that percolation tests be conducted during
the high saturation times of the year to provide a comprehensive
analysis of the soil characteristics .
3 . We further request that the Town of Danby and / or the
Hardesty ' s express their willingness , formally and in writing , to
provide the adjacent homeowners with potable water in the event
that the requested zoning application is granted and anticipated
water availability and / or water quality problems ensue .
4 . We further request that a full and comprehensive environmental
quality review be conducted and that it take into consideration
applicable issues mentioned above as well as the possibility that
the proposed site be classified as a wetland and also to consider
that the proposed site is situated adjacent to an environmentally
sensitive wetland of which 2 , 400 acres have been designated as
wetlands .
5 . We further request that traffic natterns be studied to address
safety issues related to the proposed mobile home park entrance .
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Page 4 - Hillview Terrace Petition
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