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HomeMy WebLinkAbout2002-11-20 737 1 Planning Board Minutes November 20, 2002 TOWN OF DANBY PLANNING BOARD MINUTES NOVEMBER 20, 2002 PRESENT : Chairperson Sarah Newman Planning Board Members : William Farrell , Laurene Gilbert, Linda Hansen , Robert Roe ABSENT : William Hall (Excused) Olivia Vent (Excused) Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Allen Becker - BZA Chairperson Michael Palmer - Member of the Public Chairperson Sarah Newman called the meeting to order at 7 : 08 p .m. Privilege of the Floor : Allen Becker - Chairperson of the Board of Zoning Appeals (BZA) addressed the Board and reported that at the BZA hearing there was a situation where a resident was creating a flag lot. The Town of Danby is one of two (2) townships that do not have any legislation that allows for flag lots . A formal request has been sent to the Planning Board from the BZA recommending that the Planning Board consider the implementation of flag lots into the Danby Zoning Ordinance with open space and density consideration . A BZA Member and Mr. Becker are collecting information on flag lots from surrounding townships that have zoning. Mr. Becker explained to the Planning Board why the BZA made a Notice of Decision to approve the Appeal of Michael Palmer with a modification to the original plan . In addition to a decision of the BZA a request for subdivision must be approved by the Planning Board . Michael Palmer - attended to answer questions about his proposal for subdivision at 44 Muzzy Road . Linda Hansen questioned why this subdivision of the property was necessary for mortgage purposes. Mr. Palmer explained that banks mortgage residential properties of up to five (5 ) acres but do not mortgage open land . Miscellaneous Reports : 1 . The Town Board has adopted the Preliminary Budget as the Final Budget for Fiscal Year 2003 . The Planning Board budget requests were approved as submitted , is generous and carries over funds needed for the final stages of the Comprehensive Plan , and allows funds for a summer intern . 2 . Ed Marx from Tompkins County Planning held public meeting here in Danby to inform the Town Board and residents about the County plan for the development of their comprehensive plan . A County Planning Advisory Board is being formed by the County Board of Representatives and will consist of nineteen ( 19) members . Chairperson Newman reported that she has submitted an application to be considered for a non-urbanized position on the Advisory Board. 3 . The Municipal Officers Association is setting up a Town/Village Coalition which includes one elected representative from each Town and Village appointed by the Town Board and one appointed officer. Joel Gagnon was appointed by the Town Board as the elected official and Laurene Gilbert has agreed to be our representative on the TCMCA Committee . Susan Beeners reported that the Municipal Planning Coalition will be receiving initial staff support from the Town of Ithaca Planning Department. John Canter will try to provide some assistance to 8 2 Planning Board Minutes November 20, 2002 the working group. Meetings will probably be held at the Town of Ithaca Town Hall . The Coalition would not only be the municipal representatives for the County Comprehensive Plan but would be taking on some other planning projects as they come along. They wanted to make it clear that they are separate from the County. Chairperson Newman reported that the end of the year is near and the term of Robert Roe expires on December 31 , 2002 . Linda Hansen said that the Town Pond Committee was interested in doing something with the Danby Pond and that it might be something to consider for the Comprehensive Plan . She has approached the National Guard and they have a program called "Guard Help. " They use their weekend training and summer training in conjunction with community projects. They can do engineer and construction work for communities . If we are interested in "Guard Help" a proposal must developed outlining a project and submitted to the Regional Director of the DEC . A brief letter of explanation of the proposed project, pictures of the area, information on the soils and other information must be sent to the NYS Department of Military Navel Affairs . Nothing could be considered before 2004 . Bob Roe reported on the following : 1 ) Neighborhood Pesticide Notification Bill that is now pending before the Tompkins County Board of Representatives and that the bill has varying amounts of support from different coalitions and oppositions . He said that the bill does nothing to reduce the use of pesticide use but shifts the types that are going to be used from spay to granular. It shifts the actual application process from the majority being applied by professionals to homeowners and amateurs . Bob Roe reported that Tioga County has decided to develop an Environmental Management Council based on the Tompkins County model . Palmer Minor Subdivision Review Chairperson Newman reported that the Town has received an application and an updated site plan from Michael and Jeannette Palmer for a minor subdivision at 44 Muzzy Road and asked the Board to consider the date for the public hearing to be at the Regular December Planning Board Meeting. Motion to Set Date for Public Hearing - Palmer Subdivision A motion was made by Laurene Gilbert and seconded by Linda Hanson that the Town of Danby Planning Board sets the date of Wednesday, December 18 , 2002 at 7 : 00 p . m . , 1830 Danby Road , Ithaca, NY for the Palmer application of a minor subdivision at 44 Muzzy Road. A vote on the motion resulted as follows : (Members David Hall and Olivia Vent - absent) Carried Unanimously Recommendation from Board of Zoning Appeals Chairperson Newman reported that the Board of Zoning Appeals sent a formal recommendation to the Planning Board requesting that the Planning Board consider the creation of legislation that allows flag lots . The BZA will be coming to the Planning Board in the future with information for the Planning Board to review . Spencer Van Etten Snowmobile Club - Final Site Plan Review Robert Roe asked the Board to review the following materials that was received to consider Final Site Plan Approval for the section of the "Indian Trail " route along the year-round part of Heisey Road . 1 . A letter to the Planning Board from Sean Morris considering his negotiations with Mr. Babcock 2 . A map of the new 200 foot section of Heisey Road that is now involved with the use of the trail 3 . Approval for preliminary special permit granted on October 17, 2002 by Planning Board Resolution No . 13 of 2002 . 739 3 Planning Board Resolution No . 14 November 20, 2002 4 . Proposed Resolution No . 14 of 2002 . Susan Beeners reported that there has been no response from the Zimmer Estate representatives . RESOLUTION NO . 14 OF 2002 SPECIAL PERMIT - SPENCER - VAN ETTEN SNOWMOBILE CLUB TRAIL By : Sarah Newman : Seconded by Linda Hansen WHEREAS, this action is to Consider Granting a Special Permit to the Spencer-VAN ETTEN Snowmobile Club for designation and management of a snowmobile trail on part of the year-round section of Heisey Road, and on the former Eastman Hill Road (abandoned by the Town in 1993 ), on Town of Danby Tax Parcel No . 13 . - 1 -22 ; Sean Morris , President, Spencer VAN ETTEN Snowmobile Club, agent, and WHEREAS, this is an Unlisted Action for which the Town of Danby Planning Board, acting as Lead Agency in environmental review, on October 16, 2002 has made a negative determination with certain conditions ; and WHEREAS, the Planning Board, following a public hearing on October 16, 2002 , granted a Preliminary Special Permit to the Spencer-VAN ETTEN Snowmobile Club for designation and management of said trail , subject to various conditions ; now, therefore , it is RESOLVED, that the Town of Danby Planning Board grants a Final Special Permit to the Spencer- VAN ETTEN Snowmobile Club for designation and management of a snowmobile trail on part of the year-round section of Heisey Road and on the former Eastman Hill road (abandoned by the Town in 1993 ) , on town of Danby Tax parcel No . 13 . - 1 -22 , subject to the following conditions : 1 . The Special Permit shall apply only as long as the Spencer-VAN ETTEN Snowmobile club ' s management of the subject trail routes is under the auspices of the State Snowmobile Trail Grant-in-Aid Program as sponsored by the Tompkins County Department of Planning, unless further application is made to and granted by the Town of Danby Planning Board. The Club shall file a copy of its current contract and subsequent contracts in the office of the Town of Danby Town Clerk. 2 . Snowmobile use shall be confined to the designated route . 3 . No snowmobile use of the trail sections shall occur between the hours of 11 : 00 p .m. and 7 : 30 a. m . 4 . No parking of vehicles related to snowmobile use shall be permitted within the Town year- round portion of Heisey Road, where such parking would interfere with traffic and with snow removal . 5 . Signage for the route along former Eastman Hill Road shall include signage noting that no all -terrain vehicles or trail bikes are permitted on the designated snowmobile trail . 6 . The Club shall repair an eroded section of former Eastman Hill Road to remove potential hazards to snowmobile users . A copy of this resolution will be mailed to the agents representing the owner of that property . 7 . The Club shall coordinate its activities with the Finger Lakes Trail Club , with respect to prohibiting snowmobiles and wheeled vehicles from using sections of the Finger Lakes Trail near former Eastman Hill road, that are not within the designated snowmobile route . A copy of this resolution will be mailed to the Finger Lakes Trail Club . 8 . The Club shall provide an indemnification agreement indemnifying and holding harmless the Town for activities related to this special permit. 9 . A certificate of insurance in the minimum amounts required in the contract between the Club 740 4 Planning Board Resolution No . 14 November 20, 2002 and Tompkins County shall also be filed with the Town, naming the Town as an additional certificate holder. Discussion : Chairperson Newman said that she would like us to be clear about the ways in which the contingency items 1 - 9 on this resolution differ from Resolution No . 13 of 2002 . The only ones that appear changed are items 8 and 9 . Susan Beeners said that there was a contingency that agreement on final location be obtained from Steven Babcock and a final site plan for that be submitted . The only other alternative route was to go across Mr. Babcock ' s back land . The resolution does note that both the Zimmer Estate and the Finger Lakes Trail Club will receive copies of the resolution . A roll call vote on the resolution resulted as follows : Farrell Aye Gilbert Nay Hansen Aye Roe Aye Newman Aye Carried Comprehensive Plan Update and Schedule Chairperson Newman reported that she has a long list of items that need to be done related to the Comprehensive Plan. She will be contacting the members of both boards who agreed to prepare some specific language on specific strategies and others items at our joint meetings . Members of the Town Board and the Planning Board who attended the joint meetings should forward any notes they have made of corrections on the Draft of August 12 . of any typographical errors , awkward wording, grammatical errors or anything that is straight forward to correct. There Are issues that were raised at our joint sessions that were not resolved. For those issues that created concern there must be a mechanism for trying to approach revisions of the draft. We need a draft that most members of the Planning Board (and eventually the Town Board) will be able to deal with . The Planning Board will hold a public hearing on the Comprehensive Plan and take into consideration comments from the public or we may consider the formation of a sub committee with members of the Planning Board and Town Board to formalize the final draft. Members Bob Roe and Laurene Gilbert did not think the formation of another committee was necessary. Chairperson Newman said that the Planning Board will continue to work on the revisions on the Comprehensive Plan that we are happy with . We will provide a compare draft for the Town Board to review and a joint meeting with the Board ' s to review the revisions before the Town Board has their public hearing on the plan . Time Line for Comprehensive Plan . 1 ) A meeting with the Town Board in February 2) A summary of the Comprehensive Plan in the Danby Area News - possibly in March . 3 ) A public hearing in March PLANNING BOARD RECOMMENDATION TO TOWN BOARD - APPOINTMENT A motion was made by Linda Hansen and seconded by William Farrell that the Planning Board of the Town of Danby recommends the reappointment of Robert Roe for another term on the Planning Board for a term to begin January 1 , 2002 . A vote on the motion resulted as follows : Carried Unanimously 7 ,g ,p 5 Planning Board Resolution No . 14 November 20, 2002 Adjournment : On a motion the meeting adjourned at 9 : 00 p . m . Respectfully submitted, (411.1W / G44- Carol W . Scze s el •! i , Secretary , • ,. ,'