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HomeMy WebLinkAbout1997-04-30 441 1 Planning Board Meeting Special Meeting April 30, 1997 TOWN OF DANBY PLANNING BOARD MINUTES Special Meeting 7 : 00 P.M. APRIL 30, 1997 PRESENT : Chairperson Kenneth Horst Planning Board Members : Gerald Catlin, Linda Hansen, Mary Lou Hardesty, Nancy Weitzel. S ABSENT : Arch Dotson (excused) William Farrell (excused) Others Present : Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski Members of the Public : Dave & Donna Collins, Susan Cobb, Barbara Mosher, Beth Babcock, Ruby Doxtader, Steve Babcock, Dick & Eleanor Carr, Naomi & Robert Strichartz, Jan Cottrell, Sue Howe, Josefina Griffin, Virginia Griffin, Mary Oltz, Rebecca Lux, Marie Boehme, Charles Hakes, Don & Pricilla Barber, Margaret Shepard, John R. Henderson, Fred Soyring, Anne M . Lee, Linda Howe, Pat Addy-Schaad, Ginny Bennett, Walter M . Sczepanski , Howard Steiner, Barbara Goodwin, Cheryl Miller, Genny Leitermann, Henry Peterson, Diane & Fred Jerdan, Fran & Carl Ballo, Jim Houghton, David Willower, Robert & Faith Chase, Chris Gartlein, Carla & Lynn Shields, Jon Mosher, Dorothy & Willard Daetech, Suzanne & Laura Hinch and others . Chairperson Kenneth Horst called the Special Meeting of the Planning Board open at 7 : 19 p . m. He reported that the Planning Board had a full agenda for this evening. Angelheart Designs Proposal : The Board reviewed the Angelheart Designs, Inc . Proposal for an expanded Planned Development Zone 10 . Susan Beeners reported that there the Town has received communications related to the proposed expansion with concerns about the amount of land that might be used for business purposes within the expanded zone . Matthew Engelhart reported at the public hearing held on April 16 , 1997 that the only development that he would be willing to have in the southern part of the Planned Development Zone was the design studio . She said that the areas outlined in red on the site plan. were proposed to be zoned Planned Development District. The green areas are proposed to remain as low density residential zone with no development except for the existing driveway and possibly a sign. A concern expressed regarding possible weight violations of truck traffic on the Gunderman Road Bridge has been referred to the Highway Superintendent.. • Matthew Engelhart has responded to the lighting at Angelheart Designs and they are turning off the outside lighting at 8 :00 P.M. and curtains will be placed on the windows where there is night lighting until the Design Studio is completed. Several letters have been received and attached to the record for the Town Board to review. SEQR REVIEW - ANGELHEART DESIGNS : Susan Beeners suggested the following changes in the SEQR for the Angelheart Designs Proposal : 1 ) Page 11 - under question "Is there or is there likely to be public controversy related to adverse impacts-- Change No to Yes ; 2) Part III Review of the Project -- a statement be added that public controversy is known related to several potential impacts as shown in the Planning Board consideration of the project. 442 2 Planning Board Meeting Special Meeting April 30 , 1997 3 ) Part III language be changed to read Known objections to the project relating to land impacts are related to ultimate density to the site and Negative Determination of Environmental Significance is still recommended given the size of the Design Studio and the proposed use of the access drive and given the mitigating measures in the proposed Local Law. The Board reviewed the revised Site Plan and the proposed local law for Angelheart Designs, Inc . Susan said that the original request for the expansion was for 12 . 7 acres total for the zone and this revision would be 9 . 2 acres with a low density buffer and some significant restrictions that would • not allow for any sizable expansion that is not shown on the site plan. The proposed Local Law restricts the Planned. Development to clothing and manufacturing of clothing . RESOLUTION NO 2 . OF 1997 ENLARGEMENT OF PLANNED DEVELOPMENT ZONE 10 (ANGELHEART DESIGNS) - RECOMMENDATION TO TOWN BOARD By Nancy Weitzel : Seconded by Mary Lou Hardesty WHEREAS, Angelheart Designs, Inc . Has requested that Planned Development Zone 10 , located at 303 Gunderman Road, on a portion of Town of Danby Tax parcel No . 9.- 1 -9 . 12 , be enlarged from 5 . 22 acres to 12 . 70 acres , with such enlarged zone to include a proposed design studio/future residence , and a new access drive; and WHEREAS, this request is a Type 1 action for which the Town of Danby Town Board has been legislatively determined to act as Lead Agency in environmental review, and for which the Town of Danby Planning Board and the Tompkins County Department of Planning are involved agencies which have been notified of this action ; and WHEREAS, the Town of Danby Planning Board, at and following public hearing on April 16, 1997, and on April 23 , 1997 , has reviewed the application materials including the Long Environmental Assessment Form and recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this action ; now, therefore, it is RESOLVED , that the Town of Danby Planning Board recommends to the Town Board that a negative determination of environmental significance be made for this Type 1 action; and it is further RESOLVED, that the Planning Board recommends to the Town Board that the General Site Plan entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio", by Angelheart Designs, Inc . , Patrick Gillis, Agent, dated April 4, 1997 be approved with various modifications including but not limited to a reduction in size of the proposed expansion area as described in the proposed local law which follows, and it is further RESOLVED , that the Planning Board recommends to the Town Board that a new local law amending the Town of Danby Zoning Ordinance be enacted, to read as follows : "TOWN OF DANBY LOCAL LAW NO . OF 1997 A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO BOUNDARIES AND PERMITTED USES OF PLANNED DEVELOPMENT ZONE 10 AND ADJOINING LANDS Section 1 . The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town Board on December 11 , 1991 , and subsequently amended, is further amended as follows : 1 . Town of Danby Planned Development Zone 10 is hereby amended in size from its present size of 5 .22 acres, to a new site of 9 .22 acres, whereby an area of 3 . 9 acres to the east and south of the present Planned Development Zone 10, as described in Schedule A attached, and an area of 0. 1 acre to the west of the present Planned Development Zone 10 , as described in Schedule B attached, 3 3 Planning Board Meeting Special Meeting April 30 , 1997 are rezoned from Low Density Residential Zone to become portions of Planned Development Zone 10 . 2 . The Zoning Map of the To of Danby, and the Supplement to the Zoning Map, are hereby amended to show the revised locations and boundaries of Planned Development Zone 10 as set forth in this local law. 3 . Planned Development Zone 10 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements : (a) The business conducted on the premises shall be limited to a clothing design and manufacturing business , and shall not include any retail sales of the manufactured product, unless a Special Permit for such retail sales is obtained from the Planning Board. (b) Any permitted principal or accessory use permitted in a Low Density Residential Zone is also permitted in Planned Development Zone 10 . (c ) Subdivision of Planned Development Zone 10 for the purpose of creating one or more new residential lots is permitted subject to subdivision and site plan approval. by the Planning Board. (d) The construction of the proposed design studio/future residence, proposed southerly access drive, parking areas, and the proposed future addition south of the main manufacturing buildings shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the general site plans entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio", Angelheart Designs, Inc . , Patrick Gillis , Agent, dated April 4, 1997 ; and "Phase 2 Site Plan of Expanded Planned Development Zone 10 showing Future Building Addition, Angelheart Designs , 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby) ," by Schickel Architecture, dated May 13 , 1996 , with revision to title only dated May 31 , 1996, except where the boundaries of Planned Development Zone 10 are further modified by this local law. No other alteration, amendment, or change in the final site plans as approved by the Planning Board is permitted, without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans. When the Planning Board is of the reasonable opinion that the modified site plan or plans are a significant deviation from the general site plans referenced above, no modified site plan or plans shall be approved by the Planning Board until the site plan or plans have been submitted to, and approved by, the Town Board after public hearing. (e) Any consideration by the Planning Board of final site plan approval for the "future addition" to the main Angelheart Designs , Inc . Building complex, as shown on the aforementioned general site plans, shall be accompanied by a Public Hearing. In consideration of such final site plan approval , the Planning Board may place additional restrictions on the size and design of the addition, the hours of operation, traffic generated related to the addition, and lighting when the Planning Board in its judgement has determined that such restrictions would mitigate significant impacts to the neighborhood . (f) New development in the entire area of Planned Development Zone 10, shall be limited to the following, except as such structures might be modified pursuant to the provisions of Section 802 of the Town of Danby Zoning Ordinance relative to Final Site Plan Approval and Modifications of Site Plans : (I) the proposed design studio/future residence shown on the map entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed 4 'I 4 Planning Board Meeting Special Meeting April 30 , 1997 Modification to Boundaries and Proposed Design Studio" , Angelheart Designs, Inc . , Patrick Gillis, Agent, dated April 4 , 1997 ; and to an accessory structure , accessory to the design studio/future residence similar in design to a residential garage and not exceeding 500 square feet; (ii) the proposed new access drive, future addition, and loading dock shown on the map entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio", Angelheart Designs, Inc . , Patrick Gillis , Agent dated April 4, 1997 ; and (iii) future parking in an amount deemed to be needed by the Planning Board in • its review of the proposed future addition shown on the map entitled "Revised Site Plan of Planned Development Zone 10 Showing Proposed Modification to Boundaries and Proposed Design Studio", Angelheart Designs, Inc. , Patrick Gillis, Agent, dated April 4 , 1997 . (g) An evergreen tree buffer shall be planted along the south boundary of the expanded Planned Development Zone 10 easterly for a distance of 200 feet from the southwest corner of that Zone by no later than June 1 , 1998 . (h) Yards, signs, height, and building area shall be in conformity with the requirements for same in a Commercial Zone , except that, if new lots are subdivided within the Planned Development Zone for use as residential lots , the Planning Board may require that yard dimensions be the same as those required in Low Density Zone , unless such dimensions are modified in the course of a clustered subdivision review process . (I) No parking for any uses or facilities within the Planned Development Zone shall be permitted on Gunderman Road . 4 . The land remaining as Low Density Residential ace or aaricultural described sece b except for Schedule C attached shall remain undeveloped and in either open space agricultural and accessory improvements to that access drive . Section 2 . This local law supersedes any prior local laws or resolutions of the Town Board related to the subject Planned Development zone . Section 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of this law shall not be affected by such declaration of invalidity. Section 4. This law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of the State of New York, whichever is later. SCHEDULE A • Description of lands to the south and east of the existing a l 0 a of Planned Development Zone 1 Q rezoned from Low Density Residential Zone to become portion at a point on the west boundary of Town of Danby Tax Parcel No . 9 . - 1 - 1 . 12 , which point is 569 . 5 feet southerly from the centerline of Zone 10 ;Gunderman Road and which point is the southwest corner of the present Planned Development Running thence southerly along the west boundary of the above Tax parcel a distance of 200 feet; Running thence easterly and parallel to the centerline of Gunderman Road a distance of 600 feet to a point; Running thence northerly in a line perpendicular to the centerline of Gunderman Road a distance of almom 445 5 Planning Board Meeting Special Meeting April 30, 1997 450 feet; Running thence westerly in a line parallel to the centerline of Gunderman Road a distance of 200 feet to a point on the eastern boundary of the present Planned Development Zone 10 ; Running thence southerly along the eastern boundary of the present Planned Development Zone 10 a distance of 250 feet; Running thence westerly along the southern boundary of the present Planned Development Zone 10 a distance of 400 feet to the point or place of beginning . SCHEDULE B Description of lands to the west of the existing Planned Development Zone 10 being rezoned from Low Density Residential Zone to become a portion of Planned Development Zone 10 : All that certain tract or parcel of land, situate in the Town of Danby, County of Tompkins and State of New York, bounded and described as follows : Commencing at a point in the centerline of Gunderman Road, said point being located westerly a distance of 1 , 721 feet from the intersection of said centerline with the centerline of Comfort Road ; thence North 82 degrees, 45 minutes West along said centerline of Gunderman Road a distance of 15 feet to a point; thence South 8 degrees , 28 minutes West a distance of 300 feet to a point; thence South 82 degrees, 45 minutes East a distance of 1. 5 feet to a point; thence North 8 degrees, 28 minutes East a distance of 300 feet to the point or place of beginning. Being the premises conveyed by Charles H . Tilton and Patricia A . Woodworth to Matthew C . And Jeanne E . Engelhart by deed dated March 15 , 1997 and recorded in the office of the Tompkins County Clerk in Book 792 of deeds, Page 300 . SCHEDULE C Description of Lands to the north and east of Planned Development Zone 10 to remain as Low Density Residential Zone as described in Paragraph 4 of this Local Law which shall remain undeveloped and in either open space or agricultural use, except for the existing access drive and accessory improvements to that access drive . All that portion of Town of Danby Tax Parcel No . 9 . 1 -9 . 12 which is bounded as follows : Commencing at a point at the intersection of the east property line of Town of Danby Tax parcel No . 9 . - 1 - 1 . 12 with the centerline of Gunderman road; Running thence southerly along the east property line of said Tax Parcel a distance of 769 . 5 feet ; Running thence westerly in a line parallel to the centerline of Gunderman Road a distance of 120 feet; Running thence northerly in a line perpendicular to the centerline of Gunderman Road a distance of 450 feet; Running thence westerly in a line parallel to the centerline of Gunderman Road a distance of 200 feet; Running thence northerly in a line perpendicular to the centerline of Gunderman Road a distance of 319 . 5 feet to a point on the centerline of Gunderman Road ; Running thence easterly along the centerline of Gunderman Road a distance of 320 feet to the point of beginning. " A roll call vote on the resolution resulted as follows : 4 4 C 6 Planning Board Meeting Special Meeting April 30, 1997 Catlin Aye Hansen Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously Chairperson Horst recessed the Planning Board meeting for fifteen minutes to give the Board time to read communications that were received relative to tonights meeting . Proposed Community Center A public hearing was held on April 23 , 1997 to consider the issuance of a special permit for a community center and site plan review. A special meeting of the Planning Board followed the public hearing and further consideration and discussion of the proposed project was adjourned until the meeting tonight. Chairperson Horst reported to the Board that he understands that there is a lot of interest in the Proposed Community Center and said that this is not a public hearing but a special meeting . The Planning Board will spend some time discussing communications that have been received in writing and some of the things that were reported at the public hearing on April 23 , 1997 . He will also allow comments from the Code Enforcement. Officer on areas that she has researched relative to this proposal and review the SEQR. Even though this is not a public hearing he will allow a brief period to hear comments from the public that will be limited to something that has not been stated either in the documentation that we have received or that was not stated at the public hearing. Chairperson Horst said that one of the questions that has come up from time to time is the possibility of an alternate site and using the Old Danby School . He said that we have received this evening some documentation relative to the Danby School and also have with us David Willower, Director of Facilities and Operations of the Ithaca City School District . David Willower addressed the Board and public and reported that he has heard that there are concerns from the community about the use of the Danby School building, renovations and plans for the building. Dr. Judith Pastel, Superintendent of the Ithaca City Schools , wanted him to convey to the community that the school district is open to any recommendations or suggestions that come from the community for the use of the building. There are renovations that must be made to bring the building into up to codes for compliance to allow the facility to be used for children. Board Discussion - Community Center Project Nancy Weitzel said that as far as she is concerned M there iller 1Roadtturns right to onto NYS 96B .oShe proposed community center . Most traf fic on West suggested that the community consider submitting a petition for a three-way stop on the corner of West Miller and Comfort Roads as most traffic does not stop . It would be a precaution whether the community center is built on Comfort Road or not. Sewer and Septic - Susan reported that the location of the septic system does meet the Tompkins County Health Department basic requirements for distance separations . A permit from the Health • Department must be obtained before a building permit could be issued . Linda Hansen said that she is concerned that i driven than community center driven . She is for a community center but all the issues center a lot of other concerns . Mary Lou Hardesty responded that she believes the current center is a day care center because the facility they have is now is only able to house the Fe-school, after school and summer programs . There is a lot of community effort being put into this proposal . Ken Horst said that this is presented as a community center and the Board needs to address all the issues related to the project such as hours of operation, possible disruption from activities for 7 Planning Board Meeting Special Meeting April 30, 1997 neighbors, lights, noise etc . Susan said that the site safety and access issues from the Tompkins County Highway Department and the Ithaca City School Department of Transportation standpoint are her most fundamental. concerns about the project. She would like the Tompkins County Highway Department and the Ithaca City School Transportation Department to approve access to the site before the project is approved. Chairperson Horst said that the Planning Board has three options open to them that they could possibly decide tonight. The options are : I . To either approve the Special Permit 2 . To not approve the Special Permit 3 . Approval of the Special Permit with contingencies to be fulfilled . Gerry Catlin asked the Code Enforcement Officer how long it would take to put together information from the County, School District and the tree expert with a plan on an access driveway that they could all agree on and if she could foresee them being able to work around the Old Oak Tree . He said that it appears from the site plan that there is sufficient room to move everything away from the tree . Susan said that both Mr. Hungerford and Mr. Backarack expressed great interest in the needs here . The first step is to see if there is any way for the County and School District Transportation Department to come to an agreement. It is an engineering problem and there should be a way for at least a preliminary approval based on the engineering perimeters for the school bus . I Ken Horst said that the access drive was certainly not something that the Planning Board could work out tonight. SEQR REVIEW Susan reported that some of the changes in the SEQR relate to some of the comments that are addressed in letters that were submitted this evening. Donna Collins asked the chair if it were possible for the remaining public in attendance could be acknowledged that they were here to support the program Approximately twenty persons had left the meeting due to the late hour. Comments from. the Public :, Ann Lee - 800 West King Road - reported she is representing Fred & Ivy Soyring of 424 Comfort Road . There has been no concern shown to any of the neighbors, for the environment and for elderly people in the vicinity . She said she has concern of increased traffic being a real danger to elderly people and citizens living on Comfort Road . Chairperson Horst responded that all of those issues have appeared in documentation that the Board has received relative to concerns about the community center being located on Comfort Road . The water situation, the traffic situation and the impact on the environment are all items that have been indicated as concerns and traffic may be a real concern on Comfort Road. Unidentified Resident - asked if anybody had considered whether that tree has any value for lumber where the cost of that lumber might be put toward the community center. The tree seems to be standing in the way of progress . Chairperson Horst said that nobody had suggested that. Chairperson Horst said that we have received more detailed information than we had before from the school district relative to the use of the Danby School . However we had heard that the only way that might be a consideration was if there were some money put into making the proper modification for the use . He said he is not sure that the school district would come up with the $40,000 . 00 that 4 18 8 Planning Board Meeting Special Meeting April 30, 1997 is needed for modification. Donna Collins said that if the Community Council put funds into the school building they still would not own it and if something else came up and the school needed the building they would be out. It would not be a permanent home . After many meetings with the school district they are still saying no . Dave Willower said that there were no plans by the district now for making that building an elementary school . They are very open minded to community use . Use of the school would be through reacquisition to school district and then be considered to be budgeted in. If there were to be a lease agreement, terms of a lease agreement would have to be considered also . Donna Collins explained that a lease agreement can only be issued for a five year period without a vote . If approved after the second five years everything returns to the school district. Mary Lou Hardesty asked if it were possible that the school district could sell some of the land for the Community Center. Mr . Willower said that he talked to Gary Lindenbaum about selling some land to Community Council and he said they should make the school district an. offer. Linda. Howe - 231 Jersey Hill Road - has lived in Danby for 39 years and when this school was originally built and she was under the impression that Mr . Hatfield donated 21 acres to the Ithaca City School District . Now why can 't the school district donate the land back to Danby . The school district promised that we would always have a school in Danby. They are not going to let you stay there forever. You can go in there and use their building and they will kick you out, they did this before and we no longer have a school in Danby. Nancy Weitzel said that it was also her understanding that when that parcel that the school sits on was given or purchased (she was not sure which) that it had to be a certain size because of drainage and septic fields and she does not see how the school could sell a piece of that parcel . Bob Chase - 106 Comfort Road - he said last week he heard that the school district was not willing to do anything but is delighted to see that they are now willing to negotiate and take on the great concerns for play school as well as the Danby Community Center. Donna Collins - said that they are bringing that forward because they are embarrassed and because that building sits there and that they cannot do anything with that building and is not used by anyone here in Danby . Linda Hansen - asked Mr. Willower if that the school district has legally declared that school building cannot be used as a school again and does that put some legal twist on what they can do with the property as far as leases and length of leases . Mr. Willower - said that there are no plans at this time to activate it as an elementary school . They • would have to bring the whole building up to New York State Codes and to renovate at a cost of approximately two million dollars . There is no money for the Danby School building built in the budget in their capitol plans . Margaret Shepard - 441 Comfort Road - said she thinks that something operational could be worked out with the school district, that money could be found in the budget but not necessarily this year. If you are talking next years budget $40 , 000 . 00 would be a very minor part of the total 62 is not million dollar budget. She agrees with Donna that the district but that is al that inlaengve for being used and community relations with Danby has b p oor, them to come forward and do something for us . Donna Collins - said that this is the third time they have been to the school district and they always 449 9 Planning Board Meeting Special Meeting April 30 , 1997 say it is available, but it is not available . It doesn ' t belong to the Town of Danby . Chairperson Horst - said that he thinks what he has hl�alce money to rectify that that he asked if available because it does not meet code standards . It will center and if a lease would only a deal could be made for use of the Danby School for a community be for five years and then renewable for another five years and then not renewable thereafter . Mr. Willower - said that he would have to check into that as he is not sure if that is a school district policy . ha Josefina Griffin - said she would like to clarify one thing here . s T eo Town hastalready will to use allow that section of the building that the school district would be using that for the next four (4) months . That would be that we ou idt have to standardwan until so that that four (4) months before we could come in, spend $40 ,000 . 00 to could move in" . She said that she has been told that the school district is only letting certain areas of the school to be used. Chairperson Horst closed the public comment period of the meeting at 9 : 00 P .M . SE R REVIEW - COMMUNITY CENTER Susan Beeners suggested an amendment to the SEQR under column 3 --- Can Impact ct b any Mitigated by Project Change - insert (See Part III) . It is clear that any project can an be mitigated by project change . In her description she has checked as a feet. The local non--yes there is going to be construction where the water she is less than three (3 ) this form and present it to the Planning laws and local SEQR regulations require Board as her recommendation . She described her recommendations as follows : 1 ) Impact on water - yes there is a drainage way on the south side of the site and is not expected to be a large impact. approved. There 2) Surface Water or Ground Water or Quality - no source t hkely be aggravated by the are no known water supply problems in the vicinity that would l installation of a new well . Insert - The residents lmme in its olevel or would need to be It is possible that an due well will normal! fluctuate maintained more than a drilled well would . The s ro • oose o comet i eaz to consider ter wll would be over 30 feet from the above residents well . Most h o distance between wells to be an adequate separation. 3) Plants and Animals - No . 9 - there is no management plan for the Oak Tree at this time . 4) Agricultural Land Resources - no change . 5) Aesthetic Resources - Yes - will be some new land uses - Known objections relate to this ® project. 6) Transportation - Increased traffic at this location epartm possible . Iand the School D�trict then no to the site is obtained from County Highway p significant impact related to site access would be expected. 7) Growth and Character of Community or Neighborhood - Density impacts relating to the project are probable, and would be permanent. locali from 8) Noise & Odor Impacts - temporary road noise frm cAlsorsee1Part Ion I noise Susan center activities - potential small to moderate impact. said that she has not seen any great hazard that would be caused by farm chemicals or agricultural practices that would be any different here than a typical situation where the parents have chemicals for their lawns . 450 10 Planning Board Meeting Special Meeting April 30, 1997 The occupancy limit for the proposed building is 90 persons. 9) Impact on Growth and Character of Community or Neighborhood - there has been some concern that the municipal budget for capital expenditures or operating expenditures would exceed more than 5 %. The present funding that is available does not exceed more than 5 % . 10) Change in the Density of Land Use - (See Part III Attachment) - low density residential zoning permits a 25 % site coverage (add) by buildings alone . Susan said that with the building of 65 x 65 feet and parking the coverage of the site is roughly 15 % . 11 ) What degree of precedence does this project have for the area. Susan asked the Board for comments on this project and what type of precedence they thought it would have on the area. For future projects would it be reasonable to say that each project will be reviewed on its own merit. Chairperson Horst said that at the present time the Comfort Road area is not zoned for commercial and requires a variance. One area of concern that might be applicable is what the impact, if any, will there be on property values . Nancy Weitzel said it would depend on the preference of proposed residents . There are some families who might want to build in the area because there was a community center and where there is a place for their children to go . Communities change and go in cycles . 12) Is there or is there likely to be public controversy related to potential adverse environmental impacts ? -- Everything you do has impacts . Susan asked the Board : 1 ) Do you find that this project has no adverse environmental significant impact? 2) Do you need additional information? and, 3 ) Would it be a good idea to get additional information on the access? Chairperson Horst said that he thanks the Mashers ' for providing a site for the community center which everybody obviously thinks is important to the community. A statement was made in the public hearing that the donated land for fire stations in the Town of Ithaca has proven not the in best locations . If it doesn ' t work out you are stuck with it because you cannot sell it. The Planning Board reviewed the SEQR for the Proposed Special Permit for Danby Community Center and the following resolution was introduced. RESOLUTION NO 3 OF 1997 PROPOSED SPECIAL PERMIT FOR DANBY COMMUNITY CENTER By Gerald Catlin : Seconded by Nancy Weitzel WHEREAS, the Danby Community Council has requested a Special Permit for a proposed Danby Community Center, proposed to be located on a 2 . 9 +/- acre portion of Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 on the east side of Comfort Road, north of Miller Road West; and • WHEREAS , the Town of Danby Planning Board, at the following Public Hearing on the request on April 23 , 1997, and at a special meeting on April 30, 1997, has reviewed the proposed site plan, entitled "Site Plan, Proposed Danby Community Center, Danby Community Council", dated April 16, 1997, revised April 18 , 1997, the environmental assessment form, and other materials submitted as part of the application; and WHEREAS, this is a Type 1 action for which the Planning Board, acting as Lead Agency in environmental review, on April 30 , 1997 made a negative determination of environmental significance; and WHEREAS, the Town of Danby Planning Board has duly considered the General Considerations A 5 11 Planning Board Meeting Special Meeting April 30, 1997 for Site Plans and for Special Permits provided in Sections 805 and 901 of the Danby Zoning Ordinance ; and WHEREAS, more information on the proposed access to the site to meet the guidelines of the Tompkins County Highway Department and the Ithaca City School District Transportation Department; and more information of the proposed conservation of the existing oak tree on the site would be helpful to the Planning Board in considering the application; now, therefore, it is RESOLVED, that the Town of Danby Planning Board hereby adjourns further consideration of the • application until May 14 , 1997 pending receipt of the following information : 1 . Preliminary approval of the site plan by the Tompkins County Highway Department related to access from Comfort Road . 2 . Preliminary approval of the site plan from the Ithaca City School District related to access for school busses . 3 . Preliminary approval of the site plan by a professional arborist and provision of a general management plan for conservation of the existing oak tree during and following construction. A roll call vote on the resolution resulted as follows : Catlin Aye Hansen Aye Hardesty Abstained Weitzel Aye Horst Aye Carried (Mary Lou Hardesty abstained as she is a member of Community Council .) ADJOURNMENT : On a motion the meeting adjourned at 10 : 35 P . M . dia-61 Carol W . S e anski , Secretary min-4-30 . 97 •