The URL can be used to link to this page

Home My WebLink About1995-05-17 X00 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING " CAMELOT " 7 : 00 P . M . May 17 , 1995 PRESENT : Chairperson Horst P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Don Schaaf , Nancy Weitzel ABSENT : E loise Greene ( excused ) Others Present : Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski Applicant - Glen Harrington Councilperson - Howard Steiner Members of the Public : W . F . Albern , M . Wendlowsky , Steve Cortright , Steve Lawrence , Al Becker , Roy Casterline , George Armstrong , Carol Benjamin , Anne B ecker , Mary Lou Hardesty Chairperson Horst opened the Public Hearing at 7 : 07 P . M . N otice of Publication was read as follows : " NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the Town of Danby Planning Board on Wednesday , May 17 , 1995 at 7 : 00 P . M . , 1830 Danby Road , Ithaca , New York , to consider P reliminary Subdivision Approval for the proposed seven ( 7 ) lot " Camelot Subdivision " , proposed to be located northeast of t he intersection of New York State Rte 34 / 96 ( Spencer Road ) and Hillview Road on Town of Danby Tax Parcel No . 26 . - 1 - 9 . 3 . James & Catherine Benjamin , owners ; Glen Harrington , applicant . All interested parties will be given the opportunity to be heard either in writing or in person . By Order of the Planning Board Carol W . Sczepanski , Town Clerk P ublished : May 11 , 1995 " G len Harrington gave a brief summary of the proposed the " Camelot " S ubdivision Proposal . Mr . Harrington presented final drawings for t he public to view and described the proposed deed restrictions for t he lots that border the wetlands area . S usan Beeners reported that the County Health Department has approved the plans for the water main extension and septic systems . The County Highway Department , Department of Transportation and the Town Highway Superintendent have approved the location and design of the proposed road . She reported that the Department of Conservation has flagged the wetland boundary , and that she sees no danger to threatened or endangered species in the project area . The SEQR review reflects the concerns of the neighbors related to density , traffic , and wetlands impact . This project meets the basic necessary requirements and the environmental impacts are being lessened as much as possible . Comments From Members of the Public : Al Becker - Hillview Road - is opposed to this entire project and previously submitted a petition to the Board indicating that one ( 1 ) or two ( 2 ) homes in the area would be acceptable . He is concerned with the density of the project . S teve Cortright - Hillview Road - questioned the location of pond on the proposed project property . He does not like the proposed d ensity of the project . q01 .ti 2 Planning Board Public Hearing May 17 , 1995 Mike Wendlowsky - West Danby Road - opposes a residential subdivision and shares the same concerns with the density of seven h ouses on a small area , traffic and building near the wetlands area . S teve Lawrence - 2650 Spencer Road - opposes the project and thinks it will change the character of the rural neighborhood . Possible • contamination from the Hillview Landfill to the West Danby area could be a concern in later years . Roy Casterline - a West Danby Water Commissioner - reported that ?- t there would not be a problem with the water system . He suggested that a clause be placed in the water contract that the contractor will maintain the project system for the first year of o peration . He is concerned that the proposed housing is too e xpensive and out of character in West Danby . Public Hearing Declared Closed : Chairperson Horst declared the Public Hearing closed at 7 : 35 P . M . Respectfully submitted , diali , SA,/ Carol W . Sczepan Secretary phm 5 17 . 95 1 • 302 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P . M . May 17 , 1995 PRESENT : Chairperson Horst P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Don Schaaf , Nancy Weitzel ABSENT : E loise Greene ( excused ) Others Present : Code Enforcement Officer - Susan Beeners S ecretary - Carol Sczepanski Applicant - Glen Harrington Councilperson - Howard Steiner Members of the Public : W . F . Albern , M . Wendlowsky , Steve Cortright , Steve Lawrence , Al Becker , Roy Casterline , George Armstrong , Carol Benjamin , Anne B ecker , Mary Lou Hardesty Chairperson Horst announced that the 8 : 00 P . M . Public Hearing for t he Rounds Proposal has been cancelled . Mr . Rounds withdrew his proposal . CAMELOT SUBDIVISION SITE PLAN The Planning Board reviewed the revised SEQR and the draft language for the " Camelot " Subdivision Proposal . Joel said that he feels placing seven ( 7 ) houses on a knoll in the midst of an undeveloped area is a major aesthetic impact . It is not appropriate in this neighborhood as it changes the character of the n eighborhood . Arch Dotson said the built environment is simply not the wild e nvironment . He personally did not see anything with respect to these plans that as a matter of the environment ( the built e nvironment ) =that= would be detrimental or aesthetically u nacceptable . Susan reported that there will be a letter of credit posted with the Town to assure the completion of the road and the water main . RESOLUTION NO . 2 OF 1995 ( May 17 , 1995 ) CAMELOT SUBDIVISION - REAFFIRMATION OF A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE B y Joel Gagnon : Seconded by Don Schaaf WHEREAS , this action is the Consideration of a Reaffirmation of a N egative Determination of Environmental Significance for the proposed seven ( 7 ) lot " Camelot Subdivision " , proposed to be located northeast of the intersection of New York State Route 34 / 96 ( Spencer Road ) and Hillview Road on town of Danby Tax Parcel No . 26 . - 1 - 9 . 3 , James and Catherine Benjamin , owners ; Glen Harrington , applicant , and WHEREAS , the Planning Board is Lead Agency in environmental review of the proposed subdivision , which is a Type I action , and of which involved agencies have been notified , and WHEREAS , on April 19 , 1995 the Planning Board reviewed and modified the SEQR Environmental Assessment Forms for the project , and made a negative determination of environmental significance , and WHEREAS , the Town Code Enforcement Officer has requested review and acceptance by the Planning Board of certain SEQR form modifications made following that meeting , now , therefore , it is RESOLVED , that the Planning Board , acting as Lead Agency in Type I environmental review of the proposed Camelot Subdivision , accepts the modifications made to the SEQR Environmental Assessment Forms 303 2 Planning Board Minutes May 17 , 1995 as submitted for current review , and it is FURTHER RESOLVED , that the Planning Board reaffirms and makes a n egative determination of environmental significance for the Camelot Subdivision . A roll call vote on the resolution resulted as follows : Dotson Aye • Farrell Aye S chaaf Aye W eitzel Aye H orst Aye Gagnon Nay Carried RESOLUTION NO . 3 OF 1995 ( May 17 , 1995 ) CAMELOT SUBDIVISION - PRELIMINARY SUBDIVISION APPROVAL B y Joel Gagnon : Seconded by Don Shaaf WHEREAS , this action is the Consideration of Preliminary S ubdivision Approval for the proposed seven ( 7 ) lot " Camelot S ubdivision " , proposed to be located northeast of the intersection o f New York State Route 34 / 96 ( Spencer Road ) and Hillview Road on Town of Danby Tax Parcel No . 26 . - 1 - 9 . 3 , James and Catherine B enjamin , owners ; Glen Harrington , applicant , and WHEREAS , on May 17 , 1995 , the Planning Board , acting as Lead Agency in Type I environmental review of the proposed subdivision , made a n egative determination of environmental significance , and WHEREAS , on May 17 , 1995 , the Planning Board has held a public h earing on the proposal , now therefore , it is RESOLVED , that the Planning Board hereby grants Preliminary Subdivision Approval for the proposed seven ( 7 ) lot " Camelot Subdivision " . A roll call vote on the resolution resulted as follows : Dotson Aye Farrell ' ' . Aye S chaaf ` " Aye W eitzel Aye H orst Aye Gagnon Nay Carried SITE PLAN REVIEW " BENJAMIN ' S USED CARS " A Site Plan was submitted by John D . Benjamin , Sr . for a 32 ' x 40 ' building to be used as a garage , storage , and office space for " Benjamin ' s Used Cars " on Town of Danby Tax Parcel No . 10 . - 1 - 26 . Mr . Benjamin is requesting approval of the site plan and that there be changes made to the 75 ' buffer requirement for commercial properties . With a 75 ' buffer on this 1 . 56 acre parcel the usable remaining space is only 0 . 4 acres for buildings and parking . John and Carol Benjamin are requesting that the 50 ' requirement for a buffer zone be removed entirely so that there would be a 25 ' setback from any lot line plus a planted or fenced buffer . She suggested that other possibilities for changes in the law are to have a 30 ' setback for parking and buildings or a 15 ' or 20 ' setback for cars and a 50 ' setback for buildings . Susan Beeners referred to a survey that she prepared for the Board of various commercial area zoning requirements dated April 19 , 1995 . Danby is the most restrictive in the County with a standard 25 ' setback and a 50 ' buffer from residence zones . The Planning Board reviewed possible amendments ( modification ) to . „ I 3 Planning Board Minutes May 17 , 1995 t he setback , buffer and parking requirements in the ordinance in t he draft prepared by the Code Enforcement Officer and dated 4 / 19 / 95 . D iscussion followed regarding possible changes in the buffer zone , setback and parking requirements in the ordinance as described in a draft dated 4 / 19 / 95 . B ill Farrell suggested that the Board consider reducing the parking • setback requirement along the road . J oel suggested that the front yard requirement for parking be reduced to 5 ' and to put in a provision . f that would give the flexibility to increase it for a cause such as safety concerns . fi D on Schaaf suggestertf. the Board send this proposal to the BZA with a recommendation from the Planning Board they approve a variance pending a change in the ordinance . Chairperson Horst asked what weds the time frame to approve an amendment ( modification ) to the ordinance would be if the Planning Board sent a recommendation to the Town Board . S usan reported that the Town Board could review the language and prepare a revision but they probably could not act on it before August . Motion to Refer to the Town Board A motion was made by Joel Gagnon and seconded by Arch Dotson that t he Planning Board recommend to the Town Board that language in the Zoning Ordinance for the buffer area be changed to 25 ' from any non - commercial zone and that this buffer strip not be in addition to t he front , side , and rear yards and a 10 ' front setback for parking and driveways be permitted within the 25 ' front yards . A vote on the motion resulted as follows : Carried Unanimously Carol Benjamin said that her first step was to approach the P lanning Board with her site plan for suggestions on how to proceed . She said would like the Town Board to act quickly so that t hey can build this year . RESOLUTION NO . 4 OF 1995 - Approved S ITE PLAN REVIEW , PROPOSED OFFICE / GARAGE , " BENJAMIN ' S USED CARS " B y Joel Gagnon : Seconded by Nancy Weitzel WHEREAS , this action is the consideration of Site Plan Approval for t he Proposed construction of a building for use as an office and garage at " Benjamin ' s Used Cars " , 1850 Danby Road , Town of Danby Tax Parcel No . 10 . - 1 - 26 , John Benjamin , owner , John & Carol B enjamin , applicants , and WHEREAS , this is a Type II action for which the Planning Board on May 17 , 1995 , acting as Lead Agency in environmental review , has d etermined that no further environmental review is required , and WHEREAS , the Planning Board on May 17 , 1995 has reviewed the application materials submitted for this action , now therefore , be it RESOLVED , that the Town of Danby Planning Board grants Site Plan Approval for the project as proposed , subject to the following provisions : 1 . Site Plan Approval is granted for building construction as shown on the map entitled " Danby Road - Proposed Garage " , dated 4 / 19 / 95 . 2 . The siting of the building shown on the map entitled 305 4 Planning Board Minutes May 17 , 1995 " Proposed Building - Preferred Plan - with 25 foot Buffer " is approved as an alternative site plan conditional upon either the applicants obtaining a ✓ ariance of the commercial zone 50 foot buffer ✓ equirements from the Board of Zoning Appeals or a modification of the buffer requirements by the Town Board . D iscussion followed regarding the mobile home located on the • Benjamin ' s Used Carl Lot property that is now used as a temporary office . S usan Beeners reported that the removal of the mobile home after a building has been constructed is part of the proposal . Carol Benjamin said that the mobile home would be moved as soon as t hey were allowed to build a new building to move into . A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye G agnon Aye Schaaf Aye W eitzel Aye H orst Aye Carried Unanimously Long Range Planning Update Susan reported that Barbara Blanchard and Tom Niederkorn would be glad to speak to the Planning Board . They could give some suggestions on how to proceed with long range planning in ways that might avoid expensive consultant costs . Chairperson Horst said that he would welcome ideas . 1 Don Barnes - Proposal t Os +rae+ a, latw uni { 'h or �� a. �,�a„1 ,ud Susan reported that the Town Board reviewed Don Barnes Proposal and ,2d • suggested he consult with the Code Enforcement Officer for direction on how to proceed with his proposal . A site plan must be submitted to the Planning Board . Camelot Subdivision " If the Town Board approves the water main and the road location in t he Camelot Subdivision , Glen Harrington might be returning with a Final Plan for review and final subdivision approval . Corrections to April 19 , 1995 Planning Board Minutes P age 1 - Correction No . 3 of March 15 , 1995 - underlined material - Susan suggested that the ordinance requirement under Extraction and Deposit of Fill for a permit for volumes of fifty ( 50 ) yards or more per year may be too restrictive . • Approval of April 19 , 1995 Planning Board Minutes A motion was made by Joel Gagnon and seconded by Bill Farrell to approve the April 19 , 1995 Planning Board Minutes as corrected . A vote on the motion resulted as follows : Carried Unanimously Other Items : Non- conforming Mobile Homes Joel reported to the Board that we need to address the issue of non - conforming mobile homes and referred to information regarding federal law in information from our Town Attorney attached to information submitted for the Rounds Proposal . S usan reported that the non - conforming mobile home issue may be included in the June Agenda . The Town Board has asked the Attorney t o research mobile home legislation and to draft appropriate legislation related to the placement of mobile homes . ` 66 5 Planning Board Minutes May 17 , 1995 Long Range Planning Issues Carol Sczepanski reported that at the New York State Clerks Association Meetings she obtained information related to sources of grants and publications available to municipalities for planning . Town Hall Facility Committee Joel reported that the Town Board has approved of a new committee h as been created for continuation of the Town Hall renovation project . Mary Lou Hardesty reported that she read a an article in the Candor Chronicle related to funding available for water and sewage projects through Farm and Home Administration . She suggested that t he Town contact the Farm and Home Administration for information . B ill Farrell reported that the Town of Ithaca has extended their Jodis ricto( th e ,Danby Town line . t W em C42 C ft RQ-i ^ 1 4 L ittan t L N O r °u SS; O /¢ ( tu, er Lilt Joel reported that the County will fliont tq�Q money to investigate possible water districts . ADJOURNMENT : On a motion the meeting adjourned at 10 : 00 P . M . Respectfully submitted , min - 5 - 17 . 95 Carol W . Sczepa r Secretary