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HomeMy WebLinkAbout1993-05-19 114 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING BRISTOL / MAYO 7 : 15 P . M . May 19 , 1993 PRESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Paul Viscuso ABSENT : K en Horst ( excused ) B illy Kelley Others Present : Code Enforcement Officer : Susan Beeners Mark Bristol : Owner / Applicant Raymond Mayo : Owner Members of the Public : E dw . & Judy Roberts , Edw . M . Roberts , Rosa Lee H . Johnson , Rick D obson Chairperson Weitzel opened the Public hearing at 7 : 21 P . M . and read t he following publication : NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the Planning Board of the Town of Danby on Wednesday , May 19 , 1993 at 7 : 15 P . M . to consider Subdivision Approval for the proposed ' clustered ' subdivision of Town of Danby Tax Parcels N o . 3 . - 1 - 9 . 5 and 3 . - 1 - 9 . 6 , 9 . 89 + / - acres total , located on t he east side of Troy Road , north of Nelson Road , into two 1 + / - acre lots , a 3 . 65 + / - acre lot , and a 4 . 18 + 11 acre lot , AND FURTHER to consider granting a Special Permit pursuant to Section 600 , Para . 3 ( j ) of the Town of Danby Zoning Ordinance for the proposed construction of a 900 sq . ft . workshop , to be attached to a proposed 900 sq . ft . garage , on a portion of the Tax Parcel No . 3 . - 1 - 9 . 5 . Raymond Mayo , owner of 3 . - 1 - 9 . 6 : Mark Bristol , owner of 3 . - 1 - 9 . 5 and agent for application . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . A regular meeting of the Planning Board will follow the public h earing . By Order of the Planning Board Carol W . Sczepanski , Town Clerk Published : May 13 , 1993 An affidavit of neighbor notification was submitted for the record . Edw . Roberts - 339 Troy Road asked Mr . Bristol to explain the proposal . Mark Bristol said that he and Mr . Mayo want to subdivide their combined properties of 9 . 89 + / - acres into two ( 2 ) one acre lots and two larger parcels of 3 . 65 and 4 . 18 acres . On the 3 . 65 acre lot he wants to build his own home and put up an accessory building , mentioned in the special permit application , and the other lot may be put up for sale . Raymond Mayo said that he is dividing 5 . 35 acres from one lot into two ( 2 ) building lots . Edw . Roberts - 339 Troy Road said that Mr . Bristol brought this up to the Board some time ago and asked for a variance to build two ( 2 ) homes on his property . Now he is asking to build the same two ( 2 ) homes - - what is the difference ? 1 5 2 Planning Board Minutes Public Hearing - No . 1 May 19 , 1993 Mark Bristol responded that one was a subdivision request and this is a clustered subdivision proposal . Ed . M . Roberts - - 47 Bald Hill Road - - asked if the other proposal was under the old Zoning Ordinance . Mr . Mayo - - said that they were not applying for a variance but a subdivision . Susan Beeners - - explained the subdivision regulations pertaining to clustered subdivision of five ( 5 ) acres of land or more . Arch Dotson asked Mr . Roberts if the basis for his concern was because he thinks there will be crowding , about the accessory building , or simply the consistency of the application . Mr . Roberts said that his concern was related to building four ( 4 ) homes ( three of which will be rentals ) on a fairly small area of land . Mr . Mayo said that this is four ( 4 ) buildings on nearly ten ( 10 ) acres of land and he does not plan to build in the immediate future . Mr . Bristol said that he wants to build a raised ranch type home for himself with an accessory apartment for his grandmother . The one acre lot would be put up for sale . Arch Dotson asked Mr . Bristol if any questions have been raised about the accessory building and the home occupation issue which was previously proposed . Arch said that he is a neighbor too and asked Mr . Bristol to explain his home occupation . Mr . Bristol said that he would just like to set up a table saw and a planer / joiner so that he can build cabinets and other small items before he takes them to the building site where he is working . He said he only owns a pickup truck and hand tools and has no big equipment . There would just a small home owner woodworking shop with no big equipment . Arch Dotson said - - " FOR THE RECORD " One member of the Planning Board raised these questions again and is very concerned about the home occupation for the sake of the consequences of your property and the property of those who are adjacent . This is the most I can do accepting your assurances that you will have really a minor operation without noise , traffic and the other things that are associated with supplementary building . Joel Gagnon said that he wouldn ' t be so much concerned about traffic as he would be about the level of activity and , how much the equipment was used . He thinks noise would be the main concern . Occasional milling and planing isn ' t going to be a problem . Mark Bristol responded that he would follow the Town ' s guidelines . Susan Beeners said that the special permit is related to an accessory building exceeding four - hundred ( 400 ) sq . feet . If the operation of his shop were to be more than was defined in the ordinance and increase in magnitude it would be necessary to obtain a special permit for a home occupation that displays visible exterior evidence . Susan referred to section 600 Para . 3 ( j ) of the ordinance . 116 3 Planning Board Minutes Public Hearing - No . 1 May 19 , 1993 Rick Dobson - - Said that if you have enough land the issue of noise should not be a concern . B ill Farrell said that the tools would be inside the building and the noise would be confined inside the building . A table saw makes less noise that a chain saw . J oel Gagnon asked if this proposal was consistent with the intent of our subdivision regulations . He said that with the clustered subdivision regulations we have allowed the development of back land that would not otherwise have been accessible without a P lanned Development District . Raymond Mayo asked " isn ' t that what the Town expressed a desire for d uring all those hearings before the new zoning was enacted - - was to develop back acreage instead of having 150 ' road frontage ? " J oel Gagnon said that he got very mixed messages . Some people t hought it was vary nice that we were keeping back acreage open . B ill Farrell said only those who did not own it . Rick Dobson said that we have to take into consideration too that D anby has 12 , 000 back acres that cannot be developed as it is New York State Forest Land . Residents have all that land to traipse around on and do basically what pleases us without trespassing . Mr . Mayo said " if it is a concern for open space , the land behind both of the properties , east of them goes over to Mr . Dotson ' s place and just north of them is the Eldridge Wild Preserve and all of that area over to King Road and over to Updike Road is all open space . I think that there is adequate open space to allow for this much development of the roadside area . " Edw . Roberts - 339 Troy Road commented that one of the concerns h ere is the area around Troy Road and the open land concept addressed in the zoning . It was designed to keep Danby open . This would cluster four ( 4 ) houses and one ( 1 ) big garage seems to be g oing against the concept of open space . J oel Gagnon said that if this were approved it is within the guidelines of the zoning ordinance . B ill Farrell said that even under the old ordinance there could h ave been that many lots anyway with a variance to build on the back acreage . Motion to Close Public Hearing A motion was made by Paul Viscuso and seconded by Bill Farrell to close the Bristol / Mayo Public Hearing at 7 : 55 P . M . R pectfu y submitted , t W . c panski ph - 5 - 19 - 01 Secretary 17 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING Public Hearing - 02 DOBSON - Special Permit 7 : 55 p . m . May 19 , 1993 PRESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Paul Viscuso ABSENT : K en Horst ( excused ) B illy Kelley O thers Present : Code Enforcement Officer : Susan Beeners Applicant : Rick Dobson Members of the Public : E dw . & Judy Roberts , Edw . M . Roberts , Rosa Lee H . Johnson , Mark Bristol , Raymond Mayo , David Cox , Shari Rhodes Chairperson Weitzel opened the public hearing to order at 7 : 56 P . M . and read the following Notice of Publication : NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the Planning Board of the Town of Danby on Wednesday , May 19 , 1993 at 7 : 30 P . M . , 1830 Danby Road , Ithaca , New York 14850 . Purpose of hearing is to consider granting a Special Permit pursuant to Section 603 , Para . 4 ( c ) of the Town of Danby Zoning Ordinance for the proposed construction of a 5 , 000 sq . ft . multi - purpose pole building for commercial and recreational use on Town of Danby Tax Parcel 7 . - 1 - 48 . 12 , Commercial Zone C3 , located on the east side of Danby Road , south of East Miller Road . Rick Dobson , Dobson Enterprises , owner / applicant . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . A regular meeting of the Planning Board will follow the public hearing . By Order of the Planning Board Carol W . Sczepanski , Town Clerk Published : May 14 , 1993 Affidavit of Neighbor Notification was presented for the record . Rick Dobson said that he had to notify about thirty ( 30 ) people owning properties even way over on Miller Road of his proposal . He has not received any response iv aware of RPRIFR problems related to his proposal . and is WO Rick Dobson gave a brief explanation of the proposed pole building and its location on his property . He said for the record the building is only 2 , 000 sq . ft not 5 , 000 sq . ft . as advertised and is not proposed to have walls at this time . No public appeared to speak before the Board at the public hearing . Susan Beeners asked Mr . Dobson what the uses of the building would be . Mr . Dobson said the building would be used for garage sales or flea market type activity . He said that the Board should understand that his operation is grandfathered in as a commercial property . His land was zoned commercial at the time he purchased it . Susan asked for confirmation of the front set back on the site plan of at least 100 feet . 118 2 Public Hearing - No . 2 Dobson Subdivision May 19 , 1993 Mr . Dobson said that the front set back on the site plan was in excess of 110 feet and that it is within all the guidelines . Chairperson Weitzel asked if there were plans to put up any type of screening . Mr . Dobson said that this is an open commercial area and he does n ot intend to do any type of screening where the building will be located . The area already is landscaped with trees near the pond . If he was bordering on a residential zone he would definitely want some screening . The landscape project that he has planned is very e xpensive . On the south side and the lower part of his property line he plans to put in a screening of pine trees . Arch Dotson asked Mr . Dobson what the activities of his business on this property were . Mr . Dobson said that he has car sales and flea markets , he must generate more income from this property to pay the taxes . He sells automobiles , auto parts , and operates a construction company . Susan Beeners said Mr . Dobson has been requested to do a functional concept plan of his entire property . She has a preliminary version o f the plan that indicates he is building berms to screen the dismantling operation . Motion to Close Public Hearing : On a motion the Public Hearing was closed at 8 : 05 P . M . 7I7cicjiY submitted ,Carol W . S nski phm - 5 - 19 . 02 Secretary 19 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 8 : 00 P . M . May 19 , 1993 PRESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Paul Viscuso ABSENT : K en Horst ( excused ) B illy Kelley Others Present : Code Enforcement Officer : Susan Beeners Members of the Public : E dw . M . Roberts , Rosa Lee H . Johnson , Mark and Susan Bristol , Raymond Mayo Approval of Public Hearing Minutes ( Haskins ) April 21 , 1993 A motion was made by Joel Gagnon and seconded by Paul Viscuso to approve the Public Hearing Minutes ( Haskins Subdivision ) as published . Carried Unanimously Approval of Public Hearing Minutes ( Fieldstone Circle ) April 21 , 1993 A motion was made by Joel Gagnon and seconded by Arch Dotson to approve the Public Hearing Minutes ( Fieldstone Circle Reaffirmation ) as published . Corrections to April 21 , 1993 Planning Board Minutes soN 1 ) Page 1 - correct Mr . ThompKnag. name . 2 ) Page 1 - delete the worduReclamation " insert the word " capping " 3 ) Page 1 - delete " In the original plans the grades would have resulted in a swamp , " insert after " Plans for the lands to be mined for cover materials , " 4 ) Page 1 - delete the words " on the reclamation plans without " and insert the words for capping materials . " 5 ) Page 1 - delete the words " or whatever it is that you need " 6 ) Page 1 - add after " layers ? Mr . Thompson agreed to do so . " 7 ) Page 2 - under Proposed Mosher Subdivision - delete the words " to appeal the zoning regulations ') and delete the word " for public hearing . " 8 ) Page 4 - second WHEREAS - to read at " and " following Public Hearing . 9 ) Page 5 - Under Special Working Meeting Requested last sentence . Privilege of the Floor : Edw . M Roberts - Bald Hill Road asked - How the Town of Danby was coming on the revisions to the Town of Ithaca Zoning we have , the Town of Ithaca zoning we ' re living under here . How are you coming on the revisions to get it for Danby ? He said the ordinance we have is a thorn in everybody ' s side the way it is . Chairperson Weitzel responded that the Planning Board is meeting on June 7 , 1993 to work on ordinance revisions . 120 2 Planning Board Minutes May 19 , 1993 Raymond Mayo - Ridgecrest Road - - In going through the application t hey were required to notify neighbors up and down Troy Road . He asked why they were required to notify the people in the Town of Ithaca . A neighbor in the Town of Ithaca who is doing a major subdivision never contacted them . It ' s not a two - way street apparently . Arch - " It ' s Troy Road . " Ray responded Jones - - there is a development there . They are d oing a major subdivision there and we were never notified . I t hink it should be a courtesy two - ways . " Chairperson Weitzel said that maybe we ( Danby ) have to set an example . D iscussion followed regarding the Town of Ithaca and Jones Farm P roposed Development of approximately eighty ( 80 ) acres . COMMUNICATIONS : 1 ) A resignation letter to Chairperson Weitzel from Paul Viscuso d ated May 19 , 1993 to become effective August 31 , 1993 . BRISTOL / MAYO CLUSTERED SUBDIVISION PROPOSAL The Planning Board reviewed the Environmental Assessment Form submitted by Susan Beeners for the Proposed Bristol / Mayo Cluster S ubdivision . D iscussion followed . J oel asked Susan if when you do a cluster subdivision are you u 2 restricted from further subdivision according to the regulations . Susan explained that the purpose of doing a cluster subdivision is t o have residual open space . It is appropriate to - request the applicants to volunteer for open space preservation . L engthy discussion followed regarding restricting the property114)gram future subdivision . Mark Bristol said he is asking to subdivide his property into two ( 2 ) lots . His plans are as proposed to build a house and an accessory building on the back lot and maybe sell the lot along the ✓ oad . Mr . Mayo said his request is as proposed to subdivide his property into two ( 2 ) . He does not plan to build in the immediate future . Joel Gagnon said he wants to guarantee that there would be no future subdivision on this property . Mr . Mayo said he would not voluntarily agree to deed restrictions o n his property . Chairperson Weitzel said that she did not see where future subdivision was possible and did not think that deed restrictions w ere necessary and was willing to accept the applicants word that t hey planned no further subdivision . B ill Farrell said that he did not think that more restrictions should be placed on the property . P aul Viscuso said that it should not be further subdivided . S fiateA the Arch Dotsormfurther subdivision does not conform with the intent of o ur subdivision regulations . S usan said that it was her understanding when talking with the / i 3 Planning Board Minutes May 19 , 1993 applicants , that they were not proposing any future subdivision . She told the applicants that they were welcome to withdraw the application if they had other ideas . Mr . Mayo said that he was not willing to withdraw but he was not willing to let the Town put more restrictions on his property . He stated he has no intentions of any further development . Part II - Environmental Assessment Form - Corrections CI - delete the word ( Volusia ) and insert Erie - Langford C4 - add the words as proposed after the word " occur " RESOLUTION NO . 8 OF 1993 S EQR DETERMINATION - BRISTOL / MAYO SUBDIVISION - APPROVAL B y Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is to consider subdivision approval for the proposed ' clustered ' subdivision of Town of Danby Tax parcels No . 3 . - 1 - 9 . 5 , and 3 . - 1 - 9 . 6 , 9 . 89 + / - acres total , located on the east side of Troy Road , north of. Nelson Road , into two ( 2 ) 1 + / - acre lots , a 3 . 65 + / - acre lot , and a 4 . 18 + / - acre lot , AND FURTHER , to consider granting a Special Permit pursuant to Section 600 , Para . 3 ( j ) of the Town of Danby Zoning Ordinance for the proposed construction of a 900 sq . ft . workshop , to be attached to a proposed 900 sq . ft . garage on a portion of Tax Parcel N o . 3 . - 1 - 9 . 5 . , and WHEREAS , this is an Unlisted action for which the Planning Board is acting as Lead Agency in Environmental Review and for which the Tompkins County Planning Department is an involved agency in coordinated review , and WHEREAS , the Planning Board , at and following Public Hearing on May 19 , 1993 , has reviewed the Environmental Assessment Form and Draft Environmental Review prepared by the Code Enforcement Officer , now be it RESOLVED , that the Town of Danby Planning Board , acting as Lead Agency in Environmental Review of this Unlisted Action , makes a Negative Determination of Environmental Significance for this action . A roll call vote resulted as follows : D otson Aye Farrell Aye G agnon Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously RESOLUTION NO . 9 OF 1993 PROPOSED BRISTOL / MAYO SUBDIVISION - APPROVAL By Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is to Consider Subdivision Approval for the proposed ' clustered subdivision of Town of Danby Tax Parcels No . 3 . - 1 - 9 . 5 ; and 3 . - 1 - 9 . 6 , 9 . 89 + / - acres total , located on the east side of Troy Road , north of Nelson road , into two 1 + / - acre lots , a 3 . 65 + / - acre lot , and a 4 . 18 + / - acre lot , AND FURTHER , to consider granting a Special Permit pursuant to Section 600 , Para . 3 ( j ) of the Town of Danby Zoning Ordinance for the proposed construction of a 900 sq . ft . workshop , to be attached to a proposed 900 s ; q . ft . garage , on a portion of Tax Parcel No . 3 . - 1 - 9 . 5 . , and WHEREAS , this is an Unlisted action for which the Planning Board on May 19 , 1993 , acting as Lead Agency in environmental review , has made a negative determination of environmental significance , and WHEREAS , the Planning Board , at and following Public Hearing on May 19 , 1993 , has reviewed the sketch plans and site plan for the 122 4 Planning Board Minutes May 19 , 1993 proposed action , now be it RESOLVED , that the Town of Danby Planning Board grants Preliminary and Final Subdivision approval to the proposed subdivision as presented , subject to the submission of a final survey map for such subdivision , suitable for filing , for approval by the Planning Board Chairperson , subject to no further subdivision of the parcels , and be it further RESOLVED , that the Town of Danby Planning Board grants a special permit to Mark Bristol for the proposed construction of a 900 sq . ft . workshop as presented . A roll call vote on the resolution resulted as follows : Four ( 4 ) Ayes - One ( 1 ) Nay D otson Aye Farrell Nay G agnon Aye ✓ iscuso Aye W eitzel Aye Carried DOBSON - SPECIAL PERMIT PROPOSAL The Planning Board reviewed the Dobson Special Permit Proposal . Susan stated that the record should show that the review of this project is limited to this specific project on this specific tax parcel . It implies no endorsement or consideration of activity on other parcels . The following issues were discussed by the Planning Board . 1 ) Landscape requirement for commercial zones - - the site n eeds a landscape buffer to screen the cars ( not in front o f the pond area ) . The used car area needs the exposure along the road frontage . 2 ) Size and height of building - the size of the building is 2 , 000 sq . ft . ( 40 ' x 50 ' ) and not proposed to have sides at this time . ( The 5 , 000 sq . ft . advertised in the legal ad was corrected by Mr . Dobson at the Public Hearing . ) 3 ) Used car area landscaping - landscaping that creates a buffer ( separation of ) road frontage area from the dismantling operation ( in the back ) to improve the site from the highway and neighborhood . 4 ) Long range plans and landscaping plans for the area - approval will be conditional upon submission of a landscaping plan and installation schedule for the involved parcel for review and approval of the Planning Board at their next meeting . RESOLUTION NO . 10 OF 1993 S EQR DETERMINATION - DOBSON SPECIAL PERMIT APPROVAL By Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is the consideration of granting a Special P ermit pursuant to Section 603 , Para . 4 ( c ) of the Town of Danby Zoning Ordinance for the proposed construction of a 2 , 000 sq . ft . multi - purpose pole building for commercial and recreational use on Town of Danby Tax Parcel 7 . - 1 - 48 . 12 , Commercial Zone C3 , located on the east side of Danby Road , south of East Miller Road . Rick D obson , Dobson enterprises , owner / applicant , and WHEREAS , this is an Unlisted action for which the Planning Board is acting as Lead Agency in environmental review , and WHEREAS , the Planning Board , at and following Public Hearing on. May 5 Planning Board Minutes May 19 , 1993 19 , 1993 , has reviewed the Environmental Assessment Form and draft e nvironmental review prepared by the Code Enforcement Officer , now be it RESOLVED , that the Town of Danby Planning Board , acting as Lead Agency in environmental review of this Unlisted action , makes a n egative Determination of environmental significance for this action . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye ✓ iscuso Aye W eitzel Aye Carried Unanimously RESOLUTION NO . 11 OF 1993 DOBSON - SPECIAL PERMIT - APPROVAL B y Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is the consideration of approval of granting a Special Permit pursuant to Section 603 , Para . 4 ( c ) of the Town of D anby Zoning Ordinance for the proposed construction of 2 , 000 sq . ft . multi - purpose pole building for commercial and recreational use o n Town of Danby Tax Parcel 7 . - 1 - 48 . 12 , Commercial Zone C3 , located o n the east side of Danby Road , south of East Miller Road . Rick D obson , Dobson Enterprises , owner / applicant , and WHEREAS , this is an Unlisted action for which the Planning Board on May 19 , 1993 , acting as Lead Agency in environmental review , has made a negative determination of environmental significance , and WHEREAS , the Planning Board , at and following Public Hearing on May 19 , 1993 , has reviewed the site plan and other materials submitted as part of this project application , now be it RESOLVED , that the Town of Danby Planning Board grants a Special P ermit to Rick Dobson pursuant to Section 603 , Para . 4 ( c ) of the Town of Danby Zoning Ordinance for the proposed construction of a 2 , 000 sq . ft . multi - purpose pole building for commercial and ✓ ecreational use on Town of Danby Tax Parcel 7 . - 1 - 48 . 12 , and be it further RESOLVED , that the Planning Board requires submission of a landscaping pla and installation schedule for the involved parcel for review [or aproval by the Planning Board at their next regular meeting on June 16 , 1993 . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously W orking Session of Planning Board : A Special working session of the Planning Board will be held on Monday , June 7 , 1993 at 7 : 30 P . M . to discuss Fieldstone Circle and ✓ evisions to the zoning ordinance . ADJOURNMENT : O n a motion the meeting adjourned at 10 : 40 P . M . Respectfu y submitted . Sal iamat- ,c/ Carol W . S€ anski Recording Secretary