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HomeMy WebLinkAbout1997-08-25 42 1 Public Hearing Minutes Proposed Local Law #2 Scott Engelhart Proposal August 25 , 1997 TOWN OF DANBY PUBLIC HEARING MINUTES AUGUST 25, 1997 7 : 00 P.M. Proposed Local Law #2 of 1997 , Old Highway Barns - Bald Hill Road PRESENT : Supervisor Mary Oltz Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner Others Present : Attorney - John Barney Town Clerk - Carol Sczepanski Susan Beeners - Code Enforcement Officer Applicant - Scott Engelhart Members of the Public : Robert Roe, Edward M . Roberts, Rick & Tammy Lopez, Patrick Jennings, Sarah Hollyday, Debbie Benson, Naomi Strichartz, Dorothy & Willard Daetsch, Brian Beeners, Pat Woodworth, Susan Spicer, Meg Garvey, Gladys Lacey, Julia Coulombe, Gary Surdell, Judy Willis, Bill Farrell, Paul Moore and others . Public Hearing Declared Open Supervisor Oltz declared the Public Hearing open at 7 : 00 P .M. and read the following "Notice of Publication" : PLEASE TAKE NOTICE, that a public hearing will be held by the Town Board of the Town of Danby on Monday, August 25 , 1997 at 7 : 00 P .M . , Danby School Building, 54A Gunderman Road, Ithaca, New York, to Consider approval of a General Site Plan and enactment of a Local Law Amending the Zoning Ordinance with respect to a request for the rezoning of Town of Danby Tax Parcel No . 10 . - 1 -39, located at 15 Bald Hill Road and containing the former Town Highway Barn, from High Density Residential Zone to Commercial Zone "C". The Commercial Zone as proposed would include a building and yard for the sale of masonry materials and equipment, and an office for masonry installation services . Town of Danby, property owner ; Scott K. Engelhart, Cayuga Masonry Sales and Service , Inc . , applicant . Any resident of the Town of Danby is entitled to be heard upon said proposed rezoning at such public hearing either in person or in writing. Copies of said proposal are available for review at the Town Clerk' s Office, Danby School Building, 54A Gunderman Road, Ithaca, New York during regular office hours . By Order of the Town Board Carol W . Sczepanski, Town Clerk Dated : August 13 , 1997 Published : August 15 , 1997 " Affidavit of Transmittal to Danby Town Board filed on August 8 , 1997 . ii Affidavit of Posting posted and filed in the Town Clerk' s Office on August 14 , 1997 . Affidavit of Service by Mail "Neighbor Notification", filed in the Town Clerk' s Office on August 14, 1997 . COMMUNICATIONS RECEIVED : . • • t 43 2 Public Hearing Minutes Proposed Local Law # 2 Scott Engelhart Proposal August 25, 1997 1 ) Petition submitted by Brian Beeners of 23 Bald Hill Road containing 41 signatures from the immediate neighborhood affected opposing the rezoning of the Town Barn Property. 2) Letter - August 5 , 1997 - Olivia Vent and Peter Trutmann opposing the rezoning of the Town Barn Property . 3 ) Letter - August 22 , 1997 - Jeanette P . Shady and George A Ridenour - opposing the rezoning of the Town Barn Property . 4) Letter - July 28 , 1997 - Tammy M . Lopez - opposing the rezoning of the Town Barn Property. 5 ) Letter - August 11 , 1997 - William B . Frederick - Opposing the rezoning of the Town Barn Property. 6) Letter - August 1 , 1997 - R. Kevin Lacey - opposing the rezoning of the Town Barn Property. Comments from the Public : Robert Roe - 1820 Danby Road - thinks a commercial use would be an excellent use of the property, and cannot imagine what other use it could be used for and it is best suited for some sort of industrial site other than manufacturing. Charles Cole - Coddington Road - would concur with Mr. Roe . Edward M. Roberts - 47 Bald Hill Road - agrees with Mr. Roe and thinks it would be an improvement to the site and will keep children from using the area as a playground. Dorothy Daetsch - 1344 Danby Road - does not see any objections at the moment. Willard Daetsch - 1344 Danby Road - not familiar enough with the different zones in the Zoning Ordinance but his concern is whether or not this would cause pollution in the future . Brian Beeners - 23 Bald Hill Road - submitted a petition to the Board containing 41 signatures opposing the rezoning of the Town Barn Property. Tammy M. Lopez - 10 Bald Hill Road - Opposes the rezoning of the Town Barn Property. Rick Lopez - 10 Bald Hill Road - opposes the rezoning of the Town Barn Property. There is no way to fence off the property and leave easy access to the cemetery . His property is located directly across from the entrance to the Town Barns . He said he cannot believe how easy it is to change the zoning here and if this property is rezoned he might change his mind about building here . Patrice Jennings - 244 Bald Hill Road - is new to the area and asked if there was a time to ask questions about what it would mean to the neighborhood if this were rezoned for commercial use . Sarah Holloday - 58 Bald Hill Road - opposed to the rezoning of the Town Highway Barns . Debbie Benson - 58 Bald Hill Road - opposed to the rezoning of the Town Highway Barns and thinks the Town should look into other alternatives for this property. Olivia Vent - 1874 Danby Road - is opposed to the rezoning and stated that Commercial Zone "C" is one of the least restrictive of the commercial zones . She said that she thinks that is important in this issue as it allows for the most impact from traffic and noise . Pat Woodworth - 305 Gunderman Road - has a problem with the process for advertising of bidding and the sale of the Town Barn Property and proposal for rezoning and opposes the rezoning of the liti; 3 Public Hearing Minutes Proposed Local Law #2 Scott Engelhart Proposal August 25, 1997 property. She said that the process is not open enough and the public is not well informed. Susan Spicer - 11 Jennings Pond Road - is concerned that rezoning of this property will increase the traffic and will be dangerous for her children. Meg Garvey - 11 Jennings Pond Road - concerned about the rezoning and increased truck traffic . There are a lot of children and pedestrian traffic in the neighborhood . Gladys Lacey - 1882 Danby Road - opposed to the rezoning of the Town Board Property. She asked that the letter submitted to the Town Supervisor from R. Kevin Lacey be made part of the public hearing record . Councilperson Schwartz read the letter dated August 1 , 1997 from R. Kevin Lacey opposing the rezoning of the Town Board Property to the Board and public . Julie Coulombe - 72 Bald Hill Road - opposes the rezoning of the Town Barn Property to Commercial Zone "C" . Gary Surdell - 60 Bald Hill Road - opposes the rezoning of the Town Barn Property as it is a very dangerous intersection and not safe for truck access . Peter Trutman - 1874 Danby Road - Opposed to the proposal for rezoning of the Town Barn Property . Paul Moore - 423 Gunderman Road - has worked for the Highway Department and is unaware of any accidents due to the access to the Town Barn Property . Olivia. Vent - 1874 Danby Road - prepared a useful document for the Town Board outlining the immediate vicinity and properties adjacent to the Town Highway Property opposing the rezoning of the Town Barns Property . Brian Beeners - 23 Bald Hill Road - requested that the Board consider the impact and specifications submitted on the petition be included in the record . " PETITION RE : PROPOSED LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATED TO THE ESTABLISHMENT OF A COMMERCIAL ZONE "C" COMPRISED OF TOWN OF DANBY TAX PARCEL NO. 10.- 1 -39, LOCATED AT 15 BALD HILL ROAD The Town of Danby ' s Zoning Ordinance states that Commercial Zone "C" is for "commercial activities involving an impact ?eater than normally found in uses permitted in Commercial Zones "A" and "B" , including greater impacts in respect to traffic, noise , and overall impact. . . " We the undersigned are opposed to a rezoning of the Old Town Barnes to Commercial Zone "C" for the following reasons : Harmful Impact on the Immediate Neighborhood * Introduction of commercial activities in this part of our neighborhood, which has a high concentration of children, will increase the volume of traffic and thus the risk of accidents . * Increased traffic, noise and overall impact will devalue property values and investments/enhancements made by property owners. * In the long run, problems related to commercial activities will destabilize the neighborhood. Negative Implications for the Broader Community * A decrease in property values will reduce the Town ' s Tax base and thus the Towns ability to provide services . * The rezoning has a direct impact on some of the Town ' s most historic sites and buildings. These represent the 745 4 Public Hearing Minutes Proposed Local Law #2 Scott Engelhart Proposal August 25, 1997 town ' s heritage. Thus, any rezoning should be carefully considered within the overall plan for the recognition and preservation of the Town ' s dwindling historic resources . * the proposed rezoning constitutes "spot" zoning and as such sets an unwanted precedent for future planning in the Town of Danby. The Town of Danby' s Comprehensive Plan and Zoning Ordinance are instruments to protect the rights and investments of property owners . We sincerely hope the Town Board will interpret them in this spirit. " Willard Daetsch - 1344 Danby Road - given the past use of the property he is concerned about who would be responsible for the cleanup of the site if it has been polluted. Supervisor Oltz reported that the Town would be responsible for the clean-up of any contaminated soils . The property was tested recently and there was no contamination. Naomi Strichartz - Comfort Road - Danby is a place to live and not an industrial access and she would like to keep it that way. She asked if the property could be used for a community center. Supervisor Oltz said that the Town had considered using the site for a community center and proposals had been submitted for funding . The site is not large enough for a community center. Scott Engelhart - said that anybody who is willing to fix it up could only be an advantage to the Town. If that spot cannot be rezoned to some sort of commercial use then he does not think that the rest of the Town of Danby will ever be zoned differently. Where are you going to find a spot in the Town that people are going to agree on. With the comments tonight he does not think that there will ever be a spot where people will agree that "yes this could be utilized for a commercial zone" . Public Hearing Declared Closed Supervisor Oltz declared the public hearing closed at 7 :45 P . M. and reported that meeting will follow the public hearing to consider this matter. ar���at�.�c.+R,..c1 Carol W. Sczep �fi, Town Clerk phm- 8-25 . 97 116 Town Board Minutes 1 August 25 , 1997 TOWN OF DANBY TOWN BOARD MEETING AUGUST 25, 1997 Special Meeting 7 : 45 P.M. PRESENT : Supervisor Mary Oltz Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner Others Present: Attorney - John Barney Town Clerk - Carol Sczepanski Susan Beeners - Code Enforcement Officer Applicant - Scott Engelhart Members of the Public : Robert Roe, Edward M. Roberts, Rick & Tammy Lopez, Patrick Jennings, Sarah Hollyday, Debbie Benson, Naomi Strichartz, Dorothy & Willard Daetsch, Brian Beeners, Pat Woodworth, Susan Spicer, Meg Garvey, Gladys Lacey, Julia Coulombe, Gary Surdell, Judy Willis, Bill Farrell, Paul Moore and others . The Special Meeting of the Town Board was called to order by Supervisor Oltz at 7 : 45 P .M . A public hearing was held by the Town Board at 7 : 00 P . M. to consider Approval of a General Site Plan and Enactment of a Local Law Amending the Zoning Ordinance with respect to a request for the rezoning of Town of Danby Tax Parcel No . 10 . 1 -39 , located at 15 Bald Hill Road and containing the former Town Highway Barn, from High Density Residential Zone to Commercial Zone "C" for a building and yard for the sale of masonry materials and equipment. ! j Scott Engelhart described the General Site Plan. Details of the General Site Plan were discussed i . e . , parking, fence, location of hedge row, buffer strips . Councilperson Hardesty said that there is not enough detailed information included in the proposal . Nothing on the drawings are to scale and it is difficult to see how much of the area is reserved for the parking area. Susan Beeners said that she has requested more information in writing from the applicant. If the property is rezoned then a final site plan and a number of details would have to be submitted for some design control on the site . There are restrictions built into the proposed local law. Councilperson Inman asked how much of the area would be used for stocking of materials and how much room there would be for access to the cemetery . Councilperson Schwartz said that he has heard from many of the residents in Danby who do not think that a Commercial Zone is compatible with a residential neighborhood. Danby is one of the few rural towns in the county that have zoning and many people choose to live here because of our zoning . They would like to Town to protect their investments . He said that as much as he would like to see the Town Barns sold, we have to think of the quality of life and protecting residents investments in their homes . In this case he cannot support rezoning the property as he does not think that the type of commercial activity that is proposed is compatible with the neighborhood . Motion to Postpone Decision on the Rezoning of the Highway Barns Property Located at 15 Bald Hill Road and the Proposed Local Law A motion was made by Councilperson Steiner and seconded by Councilperson Hardesty to postpone decision for the rezoning of the Highway Barns property located at 15 Bald Hill Road and the Proposed Local Law until the September 8 , 1997 Town Board Meeting. 747 Town Board Minutes 2 August 25, 1997 Discussion : Councilperson Steiner would like more time to review the materials and the comments that were made by the public . A roll call vote on the motion resulted as follows : Hardesty Aye Inman Nay Schwartz Nay Steiner Aye Oltz Nay Motion Defeated RESOLUTION NO. 58 OF 1997 - Adopted TO DENY THE APPLICATION OF SCOTT ENGELHART FOR APPROVAL OF A GENERAL SITE PLAN AND ENACTMENT OF A LOCAL LAW AMENDING THE ZONING ORDINANCE By Supervisor Oltz : Seconded by Councilperson Inman WHEREAS, the Town has received many comments from the neighborhood residents regarding the proposed rezoning of Town of Danby Tax Parcel No . 10 . - 1 -39 from High Density Residential to Commercial Zone "C", and WHEREAS, The Town of Danby Town Board has received information regarding the incompatibility with the neighborhood of rezoning Town of Danby Tax Parcel 10 . - 1 -39 from High Density Residential to Commercial Zone "C", subsequent to the time a purchase offer was signed and entered into the original contract, now be it C-- - RESOLVED, that the Town of Danby Town Board deny the application of Scott K. Engelhart for approval of a general site plan and the enactment of a Local Law Amending the Zoning Ordinance with respect to Town of Danby Tax Parcel No . 10 . - 1 -39 , Old Town Barnes, located at 15 Bald Hill Road from High Density Residential Zone to Commercial Zone "C" Discussion : Supervisor Oltz reported that the reason she introduced this resolution is the public concerns expressed about the rezoning of a populated residential neighborhood, pedestrian traffic and access to the cemetery right-of-way. Councilperson Inman said that the concerns of the residents about this area being a residential area and rezoning would definitely increase traffic . He is not willing to go along with a rezoning to Commercial Zone "C" . Councilperson Steiner said that he would support that resolution and commented that we are constantly hearing from residents concerned with increased traffic in residential neighborhoods. In this case there are children walking on a very busy narrow road. In our future planning we should consider possibly contacting the County to obtain increased police activity in the area or a part time constable for the Town . Councilperson Hardesty said she is in agreement with the Board and wanted to postpone the decision to consider the concerns of the residents. We do need to take a closer look at the zoning as it appears that the target commercial area is in the high density and medium density zones. There is no area set aside for commercial activities . r Councilperson Schwartz said that we do have a commercial zone along 96B . Commercial activity seems to spring up from cottage industries that begin along our back roads . A roll call vote on the resolution resulted as follows : X48 Town Board Minutes 3 August 25, 1997 Hardesty Aye Inman Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 8 : 25 P . M . IA)) duos) Carol W . Sczepan2 own Clerk i