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1 Planning Board Minutes
Public Hearing - Casterline
January 23 , 2002
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING - CASTERLINE
JANUARY 23, 2002
PRESENT :
Planning Board Members : William Farrell , David Hall , Linda Hansen, Sarah Newman, Robert
Roe
ABSENT :
Laurene Gilbert (Excused)
Olivia Vent (Excused)
Others Present :
Susan Beeners-Code Enforcement Officer
Carol Sczepanski - Secretary
Roger Casterline - Applicant
Members of the Public :
Roy and Mary Casterline, Phil Rafferty, George Potter, Mike Hovanec , Joel Gagnon , Rob Martin,
Philip Wilde
Public Hearing Declared Open :
Acting Chair of the Planning Board Robert Roe declared the public hearing open at 7 : 04 p . m. and
read the following notice of publication :
PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town
of Danby on Wednesday, January 23 , 2002 at 7 : 00 p.m . at 1830 Danby Road, Ithaca, New York to
Consider Subdivision Approval for ` Short Road Phase 1 ' , being the' proposed subdivision of a
1 . 98+/- acre lot from Town of Danby Tax parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total , located on the east
side of N.Y . S . Route 34/96 and the south side of Short Road, in a High Density Residential Zone ;
Roger and Janet Casterline, owners .
All interested persons will be heard either in person or in writing.
By Order of the Planning Board
Carol W. Sczepanski , Town Clerk
Published : January 17 , 2001
Communications :
Affidavit of Service by Mail - Neighbor Notification
Tompkins County Health Department - Review - Dated January 18 , 2002
Septic Permit from Tompkins County
N. Y. S . DoT work permit for the temporary driveway on N . Y . S . Rte . 34/96
Susan Beeners presented an overview of the proposal and it is called Phase 1 of a four (4) lot
subdivision . The first lot is a lot on the corner of N.Y. S . Rte . 34/96 and Short Road. That is the only
thing to be considered for approval tonight. He may come back at a later time this year with plans
for an the other three (3 ) lots on Short Road and is proposing at that later time to help share in the
cost of upgrading Short Road from seasonal road and extending the water lines . What is proposed
tonight is for a temporary driveway with access on N. Y . S . Rte . 34/96. N. Y . S . DoT has given
approval with the condition that when Short Road becomes a Year around road the driveway on
N. Y. S . Rte. 34/96 will be removed and a permanent driveway be placed on Short Road . The issues
of upgrading Short Road and extending the water mains would be subject to Planning Board and the
Town Board approval . The Tompkins County recommendation that when the water lines are
extended the first lot hook up to the water line is not something that we legally must do .
Roger Casterline has thought about this project for a long time . He would prefer to sell the whole
parcel as a single parcel but many persons have indicated they would like to buy one( 1 ) or two (2 )
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Public Hearing - Casterline
January 23 , 2002
acres . There are not many places in West Danby to build. He wants it to be known that he is not
selling this lot for the money. He has placed a one hundred ( 100) foot buffer along the stream .
Comments From the Public :
George Potter - 2186 West Danby Road - Concerned for the contamination of a stream in the area
Mike Hovanec - . 1395 Danby Road - it would be possible that this area could be developed with
a much higher density as this is in the municipal water district and requires only 3/4 acres per lot.
The soil conditions are the same as most of Tompkins County .
Phil Wilde - 64 Valley View Road - gave history of his property and said has a horse breeding
operation . He hoped that piece of property would go to an organic farmer. He is concerned about
traffic and driveway should be temporary, light pollution and visual impact, and placement and siting
of houses .
Joel Gagnon - 2353 Danby Road - has a concern which he does not want to see Short Road
developed at all , but if it is developed his concern is that the cost to the Town of improving the Road
in order to access this small number of houses is going to have an awfully long pay back. It only
takes one double wide in the middle of a field to spoil the landscape . He does not think that this one
dwelling will have much of a visual impact on the immediate area .
Roger Casterline - said that he is not looking at development at any time soon . He was kind of
pushed into looking into that because he wants to sell the lot on the corner and it is on a seasonal
road. He has agreed to as part of building the road to help get the water lines extended . He is
heartfelt and does not want to put a lot of houses in there just because it is high density . He plans
to develop hedgerows between lots and let it mature before he sells his property.
Robert Martin - 46 Short Road - owns the double wide on Short Road. Traffic on Short Road has
increased and the road is narrow . It is not built to accommodate 55 mile per hour traffic . The road
really needs work.
Randy Brown - lives on Station Road - moved here for the rural character and zoning . His concern
is double wides and thinks they should be put up in a good manner. He would like to see the codes
tighter for double wides and plans to be in place for using the water. There are several double wides
recently been put up in West Danby and some look a bit tacked.
Public Hearing Declared Closed :
Acting Chairperson Robert Roe declared the public hearing closed at 7 : 30 p .m .
(Lea! %aiL1 Carol W. Scze ecretary
phm-cast. 02
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1 Planning Board Minutes
January 23 , 2002
TOWN OF DANBY
PLANNING BOARD MINUTES
JANUARY 23 , 2002
PRESENT :
Planning Board Members : William Farrell , David Hall , Linda Hansen, Sarah Newman , Robert
Roe
ABSENT :
Laurene Gilbert (Excused)
Olivia Vent (Excused)
Others Present :
Susan Beeners-Code Enforcement Officer
Carol Sczepanski - Secretary
Roger Casterline - Applicant
Members of the Public :
Roy and Mary Casterline, Phil Rafferty, George Potter, Mike Hovanec, Joel Gagnon, Rob Martin,
Philip Wilde
Acting Chairperson Robert Roe called the regular meting of the Planning Board to order at 7 : 30 p. m .
Casterline Proposal - Short Road Subdivision Phase 1
Susan Beeners reported that at present Short Road is a seasonal road and the applicant cannot put
a driveway for year around access on Short Road. There is a time issue and the Rafferty ' s want to
build on the corner lot soon . The Highway Superintendent has a presented proposal and cost estimate
for upgrade of Short Road . Roger Casterline has provided a proposal for doing some of the
preliminary clearing work needed for upgrading the road from seasonal to year round use . The
proposal is to have the road width be sixteen ( 16) feet instead of the standard eighteen ( 18) foot all
purpose road in an effort to restrict some of the speed use of the road. The change for Short Road
must go to the Town Board for approval . The DoT has given approval to install a temporary access
on NYS 34/96 pending Town acceptance of Short Road as full access road. No building permits can
be issued on the remainder of Short Road until it is upgraded to a year-around road.
The DoT has approved the driveway on NYS Rte . 34/96 with the condition that if and when Short
Road becomes a year-around road that driveway gets removed .
Roger Casterline said that Short Road is approximately 1800 feet long and 660 feet of the road has
been approved . There is only 1200 feet remaining to be improved .
The Board reviewed the proposal .
Roy Casterline said that he would go with the Highway Superintendents recommendation to go with
the Town Specifications .
RESOLUTION No. 1 of January 23 , 2002
SEQR - PROPOSED SHORT ROAD SUBDIVISION - PHASE 1
By Linda Hansen : Seconded by Sarah Newman
WHEREAS, this action, known as " Short Road Phase I", is to Consider Subdivision Approval for
the proposed subdivision of a 1 . 98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7. 38+/-
acres total , located on the east side of N . Y. S . Route 34/96 and the south side of Short Road, in a
High Density Residential Zone; Roger and Janet Casterline, owners ; and
WHEREAS, this is an Unlisted action for which the Town of Danby Planning Board is Lead
Agency for environmental review; and
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January 23 , 2002
WHEREAS, the Tompkins County Division of Environmental Health and the New York State Dept.
of Transportation are involved agencies which have been notified of this action ; and the Tompkins
County Planning Department is an interested agency which has been notified of this action; and
WHEREAS,a subsequent action pending additional submittal ' s, review, and consideration, known
as " Short Road Phase II", is the proposed subdivision of the remaining lands of Tax Parcel 17 . - 1 -
1 . 12 , into three lots ; construction of a water main to serve said lots; and improvement of Short Road
by the applicant and by the Town Highway Dept. , to convert Short Road from seasonal to year-round
status ; and
WHEREAS, the Town of Danby Planning Board would be Lead Agency for subdivision review of
Phase II ; the Town Board would be Lead Agency for road and water main improvements ; the
Tompkins County Division of Environmental Health, the New York State Dept. of Transportation ,
and the New York State Dept. of Agriculture and Markets are involved agencies ; and the Tompkins
County Planning Dept. is an interested agency; all of which agencies have been notified of this
pending action ; and
WHEREAS, the Town of Danby Planning Board has reviewed the Short Environmental Assessment
Form, and the recommendation that a negative determination of environmental significance be made
for Phase I, and, initially, for Phase II of this project, subject to certain conditions ; and
WHEREAS, the New York State Department of Transportation has issued a permit for a temporary
driveway for access to Lot A from Route 34/96, with the condition that said driveway be removed
at such time that a year round driveway can be developed off of Short Road ; and
WHEREAS, the Planning Board has reviewed a letter from Edward C . Marx, Tompkins County
Commissioner of Planning, dated January 18 , 2002 , in response to referral of the proposal pursuant
to General Municipal Law 239-1 ,-m- , and —n, which letter recommends that the proposal be
modified, so "that any approval of Phase I stipulate that Lot A is obligated to hook into the public
water system, at the owner' s expense, when a water main is extended along Short Road" ; and
WHEREAS, it appears that no regulations or adopted policies or plans, including Town Board
Resolution No. 24 of September 10 , 1968 , which established the rules and regulations for the West
Danby Water District, require buildings in the West Danby Water District to be hooked up to the
public water system; NOW, THEREFORE, IT IS
RESOLVED, that the Town of Danby Planning Board reports to the Tompkins County
Commissioner of Planning that there appear to be no means for the Town to require proposed Lot
A to be hooked up to the public water system if and when a water main were extended along Short
Road ; and, further, that the Sewage System Construction Permit issued January 23 , 2001 by the
Tompkins County Health Department establishes that with strict adherence to that permit, a sewage
system and a private well can be located on proposed Lot A; and it is
FURTHER RESOLVED, that the Town of Danby Planning Board hereby makes a negative
determination of environmental significance for " Short Road Phase I" , being the proposed
subdivision of a 1 . 98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total ,
subject to the following conditions :
That the driveway accessing Lot A from Route 34/96 , as subject to a temporary permit issued by
the New York State Dept. of Transportation be developed as a condition of any building permit
issuance .
That no building permits be issued for buildings on the remaining lands until Subdivision Approval
is applied for and is granted by the Planning Board ; until conversion of the seasonal portion of Short
Road to a year-round road is approved by the Town Board , and is improved for such according to
specifications approved by the Town Board; and until the proposed water main extension to these
lots, including the preexisting water main extension from Brown Road to the east edge of Parcel "D"
is approved by the Town Board upon recommendation of the West Danby Board of Water
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January 23 , 2002
Commissioners and the Tompkins County Division of Environmental Health .
Discussion :
Sarah Newman said that it is her understanding that we are only being asked to approve Phase 1 for
a single lot and access tonight. She is concerned about doing something that has the appearance that
we have approved Phase II given certain conditions and she thinks there are other questions that need
to be raised if we are actually needing to approve Phase II tonight .
Susan Beeners said that she thinks it should be a part of the SEQR Determination and of the second
resolution as the Town should state that this is the only lot with year round frontage .
A roll call vote on the resolution resulted as follows :
Farrell Aye
Hall Aye
Hansen Aye
Newman Aye
Roe Aye Carried Unanimously
RESOLUTION No. 2 of January 23 , 2002
PROPOSED SHORT ROAD SUBDIVISION PHASE 1
By William Farrell : Seconded by Linda Hansen
WHEREAS, this action, known as " Short Road Phase I", is to Consider Subdivision Approval for
the proposed subdivision of a 1 . 98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7 . 38+/-
acres total , located on the east side of N . Y. S . Route 34/96 and the south side of Short Road, in a
High Density Residential Zone ; Roger and Janet Casterline, owners ; and
WHEREAS, this is an Unlisted action for which the Town of Danby Planning Board, acting as Lead
Agency in environmental review, has on January 23 , 2002 made a negative determination of
environmental significance with certain conditions ; and
WHEREAS,a subsequent action pending additional submittal ' s, review, and consideration, known
as " Short Road Phase II" , is the proposed subdivision of the remaining lands of Tax Parcel 17 . - 1 -
1 . 12 , into three lots ; construction of a water main to serve said lots ; and improvement of Short Road
by the applicant and by the Town Highway Dept. , to convert Short Road from seasonal to year-round
status ; and
WHEREAS, the New York State Department of Transportation has issued a permit for a temporary
driveway for access to Lot A from Route 34/96, with the condition that said driveway be removed
at such time that a year round driveway can be developed off of Short Road ; and
WHEREAS, the Planning Board has reviewed a letter from Edward C . Marx , Tompkins County
Commissioner of Planning, dated January 18 , 2002 , in response to referral of the proposal pursuant
to General Municipal Law 239- 1 ,-m- , and —n, which letter recommends that the proposal be
modified, so "that any approval of Phase I stipulate that Lot A is obligated to hook into the public
water system, at the owner' s expense, when a water main is extended along Short Road" ; and
WHEREAS, it appears that no regulations or adopted policies or plans , including Town Board
Resolution No . 24 of September 10, 1968 , which established the rules and regulations for the West
Danby Water District, require buildings in the West Danby Water District to be hooked up to the
public water system ; and
WHEREAS, the Town of Danby Planning Board has on January 23 , 2002 held a Public Hearing for
consideration of this action ; NOW, THEREFORE, IT IS
RESOLVED, that the Town of Danby Planning Board reports to the Tompkins County
Commissioner of Planning that there appear to be no means for the Town to require proposed Lot
A to be hooked up to the public water system if and when a water main were extended along Short
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January 23 , 2002
Road ; and, further, that the Sewage System Construction Permit issued January 23 , 2001 by the
Tompkins County Health Department establishes that with strict adherence to that permit, a sewage
system and a private well can be located on proposed Lot A; and it is
FURTHER RESOLVED, that the Town of Danby Planning Board hereby grants Final Subdivision
Approval for "Short Road Phase I", being the proposed subdivision of a 1 .98 +/- acre lot from Town
of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total , subject to the following conditions :
That the driveway accessing Lot A from Route 34/96 , as subject to a temporary permit issued by
the New York State Dept. of Transportation be developed as a condition of any building permit
issuance .
That no building permits be issued for buildings on the remaining lands until Subdivision
Approval
is applied for and is granted by the Planning Board; until conversion of the seasonal portion of Short
Road to a year-round road is approved by the Town Board, and is improved for such according to
specifications approved by the Town Board ; and until the proposed water main extension to these
lots, including the preexisting water main extension from Brown Road to the east edge of Parcel "D"
is approved by the Town Board and the Tompkins County Division of Environmental Health ,
A roll call vote on the resolution resulted as follows :
Farrell Aye
Hall Aye
Hansen Aye
Newman Aye
Roe Aye Carried Unanimously
Miscellaneous Reports
Sarah Newman reported that she attended a presentation for the public that was given to the
Tompkins County Board which had to do with Purchase of Development Rights (PDR) . It was a
very broad and general presentation .
Bob Roe reported that the Department of Planning has notified him that the County Flood Hazard
Mitigation Program is not going to be seeking proposals this year. It is in the process of
reorganization .
Reports :
Tompkins County Flood Hazard Mitigation Program : Bob Roe reported that Tompkins County
Department of Planning has notified him the County Flood Hazard Mitigation program is not going
to seek proposals this year. They are in the process of reorganization an will be conducting studies
in 2002 and 2003 . They anticipate that applications for funding will be accepted in 2003 for
implementation in 2004 .
Bob Roe reported that he has brought the following documents for the Board to borrow if interested .
1 ) A Primer for Local Governments on Environmental Liability (an overview article on the
responsibilities of communities in terms of environmental liability) .
2) A copy of the Tompkins County Natural Resource Inventory ;
3 ) Tompkins County Agricultural Lands and Natural Areas Preservation Feasibility Study . It
is a draft proposal of 11 /05 /01 . (Purchase of Development Rights)
4) Draft Recreation Master Plan for Region 7 . - Most of the items suggested by the Town are
included in the draft. The major impact on the State Forest that we are concerned with is that
the proposal for a hang gliding site will be contingent upon a landing area being determined
and acquired. The parking lot will be gated and it was recommended that the parking lot be
gated and the site be gated as well . He is going to ask for more off road parking at the trail
heads .
Members of the Public :
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January 23 , 2002
Mike Hovanec approached the Board with an application to add another building at Fort Locks .
Land was set aside to add additional storage units . The proposed expansion will not require
additional lighting.
Susan Beeners reported that this application requires a public hearing. Because of the size of the
proposed project it is a Type II action with no environmental review required. A review from
Tompkins County Planning Department is required .
Motion to Set Public Hearing Date - Fort Locks
A motion was made by Sarah Newman and seconded by David Hall that a public hearing be held by
the Town of Danby Planning Board at 7 : 00 p . m. on February 20 , 2002 to hear the Fort Locks
proposal .
A roll call vote on the motion resulted as follows :
Farrell Aye
Hall Aye
Hansen Aye
Newman Aye
Roe Aye Carried
Comprehensive Plan Work Session
Natural Resources Draft Upgrade - Bob Roe reported that he has drafted something to upgrade
the Natural Resources section on deer management in Section II part B on page 9 of the
comprehensive plan. The suggested changes refer to long term management of the deer population.
It would require land owners and hunters cooperation to achieve management objectives . The State
must be a participant. If we ask for this we are asking for a change in management policies at the
Albany level .
Recommendations :
1 ) With support of the Region 7 State Foresters and State Biologists the Town of Danby should
approach the NYSDEC and local landowners to cooperatively establish a QDM (quality deer
management) program .
2) Information sessions should be scheduled and implemented to raise public awareness of
QDM (quality deer management) and its costs and benefits . Special attention should be devoted to
recruiting land owners and hunters . (Currently the landowners provide the deer and the hunters
provide the control mechanism . ) It seeks to improve the herd genetics and stabilize the herds .
3 ) The Town of Danby should consider approaching the County Board of Representatives to
make QDM a County wide program.
The Board discussed the benefit if a QDM were implemented in the State Forest lands .
Sarah Newman reported that the editing of the comprehensive draft could be completed as early as
March . She thinks that Bob ' s upgrade is excellent and should put it into the draft in the section it
should be in .
Susan Beeners reported that the Planning Board received the draft comprehensive plan .
Sarah Newman reported that she is doing some of the initial editing and passing them along to
Olivia Vent for suggestions . They are going to start with the Goals and Objectives section because
that is the focus of peoples attention . Her recommendation would be that the Planning Board look
at the draft after we have looked at the reorganization of the document itself with the materials put
into the appropriate appendices with an executive summary. The editing involves cleaning up the
language in the document with the major objective being not to change the meaning. A draft
revision should be available for the March meeting.
Agricultural Report on Historical Ag Buildings
Susan Beeners reported that she has received some information on the Agriculture Report on Historic
6 Planning Board Minutes
January 23 , 2002
Buildings in the Town of Danby from John Lewis and it needed minor corrections . He would like
to come and present the report to the Planning Board at a public meeting.
Susan reported on two items :
1 ) Olivia and Laurene would like to know if the Planning Board would be interested in having
some kind of a pot luck brunch where the Town Board would be invited as well as an informal meet
each other event on Sunday, February 17 , 2002 or the following weekend .
2 ) Comi Telecommunications Contract - The Town contract with Richard Comi of Comi
Telecommunications may not be renewed as he is very expensive for applicants . She has been in
contact with the Dick Sitzman from the Town of Ulysses and it is possible he may submit a proposal
for the Town to review Telecommunications Applications .
Adjournment :
On a motion the meeting adjourned at 9 : 20 P .M .
(2iw,2
Carol W . Sczepa " , Secretary
min- 1 -23 . 02