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HomeMy WebLinkAbout2001-09-20 667 1 Planning Board Minutes September 20, 2001 TOWN OF DANBY PLANNING BOARD MINUTES SEPTEMBER 20, 2001 Regular Meeting PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Daniel Klein, Robert Roe, Olivia Vent, Nancy Weitzel ABSENT : Linda Hansen (excused) Others Present : Carol W. Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Philip Quick, Sara Quick, Judy Wallis , Nancy Medsker, Esther Dotson , Sarah Newman , Ross & Elaine Cortright, Cathy Hornbrook, Deanna Petrillo The meeting was called to order at 7 : 30 P . M . and a moment of silence was observed in honor of the destruction and loss of life in the September 11 , 2001 Terrorist Attack. REPORTS : Danby Community Park Esther Dotson addressed the Planning Board and reported that the land for the Danby Community Park has been purchased and the grant proposal has been submitted. EMC Report Bob Roe reported that he is teaching on Monday and Wednesdays this semester and that Steve Uzman from West Danby has agreed to deliver the EMC report to the Town Board . NYS Comprehensive Recreation Plan for State Forests : Bob Roe reported that he will be meeting with the DEC concerning the unit action plan for the NYS Forests for the comprehensive plan and the changing status on the State Forests . Telecommunications - Charges for Comi Susan Beeners reported that she is going to request the Town Board contest the most recent bill received for over $4,000 . 00 . It appears to her that the $4, 000 . 00 was for their representatives to re- review material that Comi had already reviewed at a cost of $ 7 , 500 . 00. Benjamin ' s One Stop Update Susan reported that the Town has obtained the necessary consent to enter the building and she is arranging for an asbestos survey to be done and for a consulting engineer to go in next week. She has prepared applications for bid for the demolition of the building. Comprehensive Plan Update : Sue Beeners reported that the comprehensive plan is sitting in a significantly improved state after the summer but she needs dedicated time to look at some new sections . She hopes you will approve of it when you see it and hopes it will be ready for the next meeting. She does not plan to budget for more intern support as the last one was not too productive . Bob Roe asked Susan that given the output of the last few interns is there another source of help that $ 68 2 Planning Board Minutes September 20, 2001 might not be quite as cheap but might actually get more done? The Board discussed the history of the Circuit Rider' s and interns . Comments were : some were productive , some were not, some were repetitious and a waste of time and money, some were productive . The views of board members varied. Sue said the comprehensive plan is now at a point where she can see some editing compilation systems from a student intern . The whole Board needs to see what ' s is there and make a decision as to what is most important to leave in the document. Review of Preliminary Application for Re-zoning to Planned Development Zone - Marsh Road : A preliminary application for re-zoning to a Planned Development Zone on Marsh Road for a "quiet" animal boarding facility was submitted to the Town Board. The application was submitted by Deanna Petrillo and Kathy Hornbrook. The neighbors submitted a petition signed by thirteen ( 13 ) residents objecting to the dog boarding facility and a Planned Development Zone in a residential neighborhood. Susan reported that the Danby Zoning Ordinance says that no theater, dance halls, taverns , kennel or other use causing loud or unusual noise shall be located within 200 feet of any residence zone . She said that it is the only place in our ordinance where the word kennel appears . She said her recommendation was that the applicant apply for a Planned Development Zone in order to have an animal boarding facility . Deanna Petrillo addressed the Board and public and said that they would like to build a 30' x 40' structure to provide an animal day care type facility . After speaking with neighbors she understood that they were concerned with the noise factor. She has changed her proposal to include dog runs to be enclosed inside to eliminate noise. She said that there would be no more than seven (7) dogs there at any time and would be only for small animals . She is going to apply for a State and Federal License for animal rescue and will need a facility. Sue asked the Board if they thought that this would be a successful application to refer to the Town Board . Chairperson Gilbert said that her feeling is that the ordinance specifically states no kennels , that thirteen ( 13 ) people who signed the petition who live nearby in a very low densely populated area are opposed to it and doesn ' t see that changing the zoning for this one particular use would make any sense . The Board discussed the application and do not think that the re-zoning for an animal boarding facility to a Planned Development Zone would be successful . Independent Wireless One : Independent Wireless One said that the performance bond that we hoped would be issued was in the World Trade Center and asked if it was possible to send a $ 10 ,000 . 00 check to deposit and hold until the performance bond could be taken care of. We received their performance bond today . RESOLUTION NO. 9 OF 2001 RATIFICATION OF WAVER - INDEPENDENT WIRELESS ONE PERFORMANCE BOND By Robert Roe : Seconded by Nancy Weitzel RESOLVED, that the Planning Board of the Town of Danby ratifies the waiver of the $25 , 000 . 00 performance bond requested by Independent Wireless One and made on September 17 , 2001 to permit a $ 10,000 . 00 cash deposit for up to six (6) months instead. A roll call vote on the resolution resulted as follows : Farrell Aye (Hansen absent) 669 3 Planning Board Minutes September 20, 2001 Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously Town of Ithaca -Request for Concurrence for Town of Ithaca as Lead Agency for Co-location of Telecommunications Tower Susan Beeners reported that the Town of Ithaca has sent notice asking the Town of Danby as an interested agency for concurrence as to whether the Town of Ithaca Planning Board should be lead agency for environmental review in the co-location of antennae on a silo near Yaple and West King Roads . RESOLUTION NO. 10 OF 2001 CONCURRENCE OF TOWN OF ITHACA PLANNING BOARD AS LEAD AGENCY FOR ENVIRONMENTAL REVIEW FOR CO-LOCATION OF ANTENNAE ON EXISTING SILO By Nancy Weitzel : Seconded by Olivia Vent RESOLVED, that as an interested agency the Town of Danby Planning Board concurs that the Town of Ithaca Planning Board should be the lead agency in environmental review of the proposed co- location of Antennae for telecommunications on a silo located near Yaple and West King Roads. Farrell Aye (Hansen absent) Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously First Baptist Church - West Danby - Sketch Plan Review for Special Permit Susan reported that the Town has received an application for a Special Permit for the First Baptist Church in West Danby . The application includes a sketch plan of the proposed new structure proposed to be built behind the church . Reverend Scott knows that additional parking, circulation, and landscape details would be required before the application is ready for a public hearing by the Planning Board . The proposed addition does apply with all necessary setbacks . Review of the addition by Tompkins County Health has not been obtained at this time but is in process . There is a question as to whether the structure would be attached to the existing structure as shown or might be linked by a noncombustible link between the old and new building . The Board reviewed the sketch plan for the proposed addition to the church . Motion to Authorize Chair to Schedule Public Hearing A motion was made by Dan Klein and seconded by Olivia Vent to authorize the Chair to schedule a public hearing for the West Danby First Baptist Church request for Special Permit for 7 : 00 p . m. at the October Meeting of the Planning Board subject to the receipt of a complete application received by submitted no later than October 1 , 2001 . Farrell Aye (Hansen absent) Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously Laurene reported that the Town of Ithaca Planning Board requests that all applications must be received thirty (30) days in advance to be considered for review to allow response from Tompkins County. Many times we receive information from the County as late as the afternoon of our meeting. 670 4 Planning Board Minutes September 20, 2001 Possible Modifications to Zoning Ordinance Related to Special Permits Related to Public Utilities The Planning Board has received a Draft Amendment to the Danby Zoning Ordinance related to special permits for public utilities . The Town Board has directed the Code Enforcement Officer, Councilperson Gagnon with assistance of the Town Attorney to draft an amendment related to gas utilities . Susan reported that interested residents have received a copy of the draft amendment. Robert Roe reported that he has been through the review process not only for Cayuga Lake State Forests but also just this week finished the SEQR review process for the three(3 ) parcels owned by Tompkins County is seeking gas exploration leases for. We are the only Town that has anything remotely approaching this on the books or pending and most of the provisions for what should be addressed are already contained in a memo to the Tompkins County Board of Representatives . He said his personal opinion is that he does not see the over riding necessity unless it ' s a revenue raising for something that is going to be existence for approximately four (4) weeks . NYS regulations would supersede this legislation . The Land Uses Committee of the EMC will be voting on a pro- recommendation to Tompkins County Board of Representatives . The majority of leases allow for there to be no site occupation which means gas drilling cannot occur on the site . It is a lease agreement not a drilling right . Dan Klein said we should look at the impacts that matter to our residents such as noise and traffic . Ross Cortright reported that he looked as some of the drilling in the Horseheads and Millport area. The average drilling rig is on site less than five (5 ) weeks and the average well in that area is 10 ,000 feet deep and the noise level at 100 yards away is minimal . What you hear is the equivalent of a heavy duty truck driving down the road . It is interesting that of the ten ( 10) wells they have drilled in that area that all ten have been productive and the gas they get is the purest natural gas found almost anywhere in the United States . Most of the drilling is being done for Pennsylvania Gas and Electric . Ross explained the process of delivering gas to pipe lines . Elaine Cortright said that if the Town is going to impose additional ordinances that you should know what is not covered by NYS DEC because they have done a good job in covering the reclamation , the drilling operation and sites where it can be located . You should also consider that if there is a producing well on a property that it makes the property more valuable and create more revenues to the Town . Susan reported that the DEC does not have a local process of review where a Town has official input. They have the 660 foot minimum distance from a well to a boundary of a loose hole . She said she has talked with the Association of Towns and the Department of State . You cannot preclude these concerns but you can have some level of regulation by special permit and site plan review. The DEC would be the primary agency here in reviewing types of impacts . The one thing that might be a local impact where some residents might want to have some input relates to the distance to the well and the season when the drilling occurs . Susan said that what is proposed in the language is that presently all public utilities structures are permitted . The draft includes those essential local public utilities would be the kinds of utilities which primarily serve local land uses such as electric lines, telephone lines , gas lines and traffic signals and would be permitted anywhere . Robert Roe said that our ordinance it states that the State regulations superseded local regulations . Susan said that she has checked with either Kevin Crawford or a guy at the Department of State and the Planning Federation. They say that State regulations supersede local regulations but at the same time the general principal is that to regulate with special permit is widely used and judicially approved method of adjusting utilities needs to the objectives of community planning . 6 ? ! 5 Planning Board Minutes September 20, 2001 The Planning Board was divided on this issue of amending the ordinance to require a special permit for public utilities . Councilperson Gagnon said that what we need to know what is what provision there is in the DEC ' s process for local participation equated to the application ' s process for drilling sites . I Approval of the Independent Wireless One Public Hearing - August 16, 2001 A motion was made by Nancy Weitzel and seconded by Robert Roe to approve the August 16, 2001 public hearing minutes for Independent Wireless One as submitted . Carried Unanimously Approval of August 16, 2001 Planning Board Minutes A. motion was made by Nancy Weitzel and seconded by Robert roe to approve the August 16, 2001 Planning Board Minutes as submitted. Carried Unanimously Dan Klein - Resignation Dan Klein submitted his resignation at the end of the meeting to be effective immediately as he will be traveling out of the Country for the next six months . ADJOURNMENT On a motion the meeting adjourned at 9 : 40 P . m. Respectfully submitted ,,,,,,,..6),,,,,,,..6)outgo l W. Sczepa iSecretary • min- 9-20 . 01