Loading...
HomeMy WebLinkAbout1998-09-16 553 Planning Board Minutes 1 September 16 , 1998 TOWN OF DANBY PLANNING BOARD MINUTES SEPTEMBER 16, 1998 PRESENT : Chairperson : Arch Dotson Planning Board Members : William Farrell , Laurene Gilbert, Linda Hansen , Robert Roe , Olivia Vent, Nancy Weitzel Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public Mary Oltz, Esther Dotson , Ken Horst Chairperson Arch Dotson called the meeting to order at 7 : 05 p . m . Privilege of the Floor : Town Supervisor Kenneth Horst addressed the Board and asked the Planning Board to address questions that were raised by the Town Board on Monday, September 14 , 1998 relative to the Comi/Monroe Telecommunications Agreement before the Board officially takes any action. He said it was his understanding that the Planning Board recommended that the Town Board approve an agreement with Comi/Monroe . One of the questions that was raised by our Town Attorney to the agreement was whether there was someone within the Comi Corporation that had a legal background and could represent the Town should questions arise relative to litigation and legalities relative to cellular towers . Also there was concern that a local attorney was more accessible than attorneys from the Albany area. Chairperson Dotson said that the Planning Board did make a recommendation to the Town Board in July and were aware of the question of accessibility but did not expect it to be a major issue . If counsel were needed we were assured by Comi that it was available and it was skilled and trained counsel . Many legal questions could be avoided at the outset by drafting the ordinance in such a fashion that it couldn' t be challenged . Comi has drafted many ordinances that have been adopted . The Planning Board determined in checking with some of the places nearby that they have served as contractors, in effect, and legal counsel has not been an issue . Supervisor Horst said that because of a recent application for a modification of the only cellular tower in the Town of Danby there is a potential for litigation. Litigation of the application for an additional dish to be placed there could require a local attorney represent the Town. Susan Beeners said that the Town Board received the recommendation from the Planning Board at their August Agenda Meeting and the Comi draft agreement was transmitted to the Town Attorney to review. He suggested a few changes and additions to the agreement that have not been sent to Comi at this time . She is concerned about the time factor for an approval of an agreement and the passage of legislation . Susan reported that she has contacted two (2) local municipalities who have adopted ordinances that were provided by Comi . One reported their ordinance was a little wordy and one reported that Comi was now reviewing cell tower applications . Robert Roe stated that with a modification being proposed to the only cell tower in the Town that the Town should check into whether or not the tower as constructed is in compliance with the conditions set by the Board of Zoning Appeals . He said that he was on the Board of Zoning Appeals at that time and involved in those negotiations and it does not look to him that it complies . Supervisor Horst said that one of the reasons for the Town Board to communicate their concerns to the Planning Board is that they are carefully considering all of the questions that the Town Attorney has raised and that whatever decision is made it is with open communication . 554 Planning Board Minutes 2 September 16 , 1998 Olivia Vent said that she would be glad to communicate with Monroe some of the questions raised by our Town Attorney and Town Board . She suggested that a subcommittee of the Planning Board . work with the Town Board to expedite an agreement and ordinance . Olivia Vent and Linda Hansen agreed to work with the Town Board on the telecommunications legislation issue . Danby Survey - Report Robert Roe reported that he attended the Town Board Meeting on September 14 , 1998 . He reported to the Board that the Danby Survey is in the mail and the Town Clerk has received been approximately 130 returns (envelopes) as of this meeting . The Danby Area News did pick up the cost of duplicating and mailing of the survey. Acknowledgment to Danby Area News - Danby Survey Bob Roe suggested that the Board consider an acknowledgment of thanks to the Danby Area News staff for their generous contribution of providing funds for duplicating and mailing of the Danby Survey. Chairperson Dotson will draft up a memorandum to be sent to the Danby Area News staff. Susan Beeners reported that Rolf Pendell has ten ( 10) graduate students in his class at Cornell University . One student is an intern in the County Planning Department . She reported that she has conveyed to Rolf Pendell that the Town Board has requested more specifics about how the survey would be handled . A student will pick up our unopened bundles of surveys , and they will be numbered and dated when opened . The class will do all of the tabulation of the surveys . Upon completed analysis a draft code book would be provided and circulated to the Tompkins County Planning Department and the Town to review . Motion to Approve Handling of Danby Survey Returns A motion was made by Nancy Weitzel and seconded by Olivia Vent that the Town of Danby bundles of "The Danby Survey" be released by the Town Clerk to Rolf Pendell (or a representative of) periodically and transported unopened to the site where they will be opened , numbered , dated and analyzed by a group of graduate students at Cornell University . A vote on the motion resulted as follows : Carried Unanimously Historic Ithaca Danby Survey Olivia Vent reported that she has consulted with Historic Ithaca regarding the Danby Survey and it will be completed in November. She said that it would be nice to have a presentation from Historic Ithaca on what the survey revealed . She would like at some point to get Town input by inviting members of the community to attend a forum or meeting for information. She is working with Historic Ithaca are trying to organize a tour of cemeteries and would like to set up some community days to tour the ones in Danby . Proposed Draft Local Law - Adult Entertainment Businesses A Proposed Draft Local Law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES " , was reviewed by the Planning Board and the following revisions were suggested by Bob Roe . 1 ) Section 1 -- delete the word (objectionable) ; 2) second para, Section 1 - to read : The purpose of this law is to mitigate the secondary effects ; 3 ) second para, Section 1 - last line delete the word (negative) ; Bob Roe explained the suggestions were because the Town is we are not supposed to legislate on the basis of content only on effects . Motion to Refer the Draft Local Law on Adult Entertainment Businesses to the Town Board 555 Planning Board Minutes 3 September 16 , 1998 A motion was made by Nancy Weitzel and seconded by Bob Roe that the Town of Danby Planning Board transmit to the Town of Danby Town Board the Draft Local Law entitled "A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE RELATING TO ADULT ENTERTAINMENT BUSINESSES" , with the above referenced amendments for their consideration . A roll call vote on the motion resulted as follows : Farrell Aye Gilbert Aye Hanson Aye Roe Aye Vent Aye Weitzel Aye Dotson Aye Carried Unanimously Danby Hamlet Revitalization Project - Strategic Plan Susan Beeners transmitted a Working Draft of the Danby Hamlet Revitalization Project - Strategic Plan for the Board to review . She reported on the details of the proposed project. The Town of Danby Revitalization Task Force have prepared a draft of the proposed project. A strategic plan must be in place before an application can be submitted to Tompkins County for a revitalization grant. A public information meeting is scheduled for Thursday, September 24, 1998 at 7 : 00 p .m . here at the Town Hall to present the plan to the public . Laurene Gilbert presented the Board with a description and details for landscape improvement on the Town Hall property and surrounding area in the center of Danby . The funds requested for the proposed gazebo can be obtained from the Bicentennial committee if the project is approved to be applied as matching funds . Susan Beeners said that the deadline for the application to Tompkins County is November 16 , 1998 and it is possible to ask the Town Board for some seed money so the Town can meet that deadline . There will be other deadlines for future applications in the spring of 1999 so that the Fire Station private homeowners and businesses can make application for matching funds to improve their properties . Planning Board Recommendation for Appointment Chairperson Dotson has received a letter from William Farrell indicating his interest in continuing as a member of the Planning Board and would welcome reappointment for an additional term on the Planning Board . His term of appointment expires on December 31 , 1998 . Motion to Refer Recommendation of Appointment to Town Board A motion was made by Chairperson Dotson and seconded by Nancy Weitzel that the Planning Board transmit the unanimous recommendation for the reappointment of William Farrell for another term on the Town of Danby Planning Board . A vote on the motion resulted as follows : CarriedUnanimously Response to Questions Raised by Councilperson Gagnon Chairperson Dotson reported that the Town Board has requested that the Planning Board respond to in writing answers to questions conveyed to them form Councilperson Gagnon. He said that he had agreed earlier to prepare a draft response that is in progress that he will distribute to the Town Board . Code Enforcement Officer Susan Beeners has responded to most of the questions raised by Councilperson Gagnon. There was discussion on the meaning of urban sprawl and global warming as not important issues . Topical Outline Chairperson Dotson asked the Board to choose categories of interest for them to work on in 556 Planning Board Minutes 4 September 16, 1998 subcommittees for the Topical Outline . Agriculture : Nancy Weitzel , William Farrell Community Facilities and Services : (closely related to Economic Development--may interact) Housing : Arch Dotson Economic Development : Olivia Vent, Bob Roe , William Farrell , Arch Dotson Historical & Culture Resources : Olivia Vent Natural Resources : Bob Roe Transportation : Laurene Gilbert, Olivia Vent Public Utilities and Infrastructure : Laurene Gilbert Other Items : Susan Beeners reported that Torn Chefalo from County Planning would attend the September Planning Board Meeting . ADJOURNMENT : On a motion the meeting adjourned at 9 : 00 P . M . &i4 aCarol W , Secretary min-9- 16 . 98