HomeMy WebLinkAbout2005-06-06 1 i
Town Board Meeting
Special Meeting
June 6, 2005
TOWN OF DANBY
TOWN BOARD MINUTES
SPECIAL MEETING
JUNE 6, 2005
PRESENT :
Supervisor Dietrich
Councilpersons : Joel Gagnon, Norbert Nolte, Gladys Varona-Lacey
ABSENT :
Councilperson Naomi Strichartz (Excused)
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Robert Roe, George Blanchard, Dorothy and Willard Daetsch and others .
Supervisor Dietrich called the Special Meeting of the Board to order at 7 : 45 p .m . Purpose of the
meeting was to rule on a petition submitted contesting a Planning Board resolution related to the
Common Ground and its activities . Also on the Agenda are proposed resolutions related to the
possible purchase of bonds for the Town to purchase a One and 1/2 ton truck for the Highway
Department .
The Board reviewed a proposed resolution submitted by the Code Enforcement Officer regarding
an Appeal of the Decision of the Planning Board Granting a Special Permit to the Common Ground.
Susan Beeners said that the need for specificity is to cover all of the history of the project . The
resolution was approved by the Town Attorney.
RESOLUTION NO. 47 OF 2005
CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING BOARD
GRANTING A SPECIAL PERMIT TO THE COMMON GROUND, 1230 DANBY ROAD
By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey
WHEREAS , this action is the Consideration of an Appeal, to the Town Board of the Town of
Danby, of the February 17, 2005 decision of the Town of Danby Planning Board granting a Special
Permit to the Common Ground, Douglas D . Miller, Owner, 1230 Danby Road, Danby Tax Parcel
No . 2 . - 1 - 8 . 1 , in which decision the Planning Board granted a Special Permit with various conditions
for a roofed smoking patio proposed to be located on the east side of the existing building, and also
with respect to uses of outdoor areas for various activities and events associated with the building;
Randall F. Ingell and James S . Reagan, appellants ; and
WHEREAS , the Planning Board on February 17 , 2005 granted a Special Permit to the Common
Ground, Douglas D . Miller, Owner, 1230 Danby Road, Danby Tax Parcel No . 2 . - 1 - 8 . 1 for a roofed
smoking patio proposed to be located on the east side of the existing building, and also with respect
to uses of outdoor areas for various activities and events associated with the building; subject to the
following conditions :
Application to the Board of Zoning Appeals, and the granting of variance by the Board of Zoning
Appeals, of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone, and Section 1002
— Nonconforming Structures of the Town of Danby Zoning Ordinance for the proposed roofed
smoking patio .
Application to the Board of Zoning Appeals, and the granting of variance by the Board of Zoning
Appeals, of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone of the Zoning
Ordinance, for the southernmost volleyball court .
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Special Meeting
June 6 , 2005
Application to the Board of Zoning Appeals, and the granting of variance by the Board of Zoning
Appeals, of Section 509 of the Zoning Ordinance which provides that fences six feet or more above
grade shall be located no more than 10 feet from a property line.
Compliance by the Owner with all of the recommendations listed in his February 9 , 2005 letter, with
the proposed smoking patio bollards, privacy fence, parking lot light relocation, and front entrance
sign modification to be completed by no later than May 31 , 2005 (subject to the granting of the
above related variances by the Board of Zoning Appeals ; and
WHEREAS, Randall F . Ingell and James S . Reagan on March 2 , 2005 filed an appeal dated March
1 , 2005 of the Planning Board ' s grant of Special Permit on February 17, 2005 ; and
WHEREAS , the Town Board held a public hearing on the March 1 , 2005 letter of appeal on April
11 , 2005 ;
NOW, THEREFORE , IT IS
RESOLVED, that the Town Board of the Town of Danby finds the following with respect to the
proposed roofed smoking patio :
The proposed roofed smoking patio does not meet relevant requirements of the Tompkins
County Health Department, which does not permit roofs over such smoking areas, based on
that Department ' s revised classification of this business, per a letter from that agency on
April 28 , 2005 . The smoking patio in its current proposed location, whether roofed or
unroofed, is injurious to the use and enjoyment of other property in the neighborhood, unless
a visual buffer were installed between the Owner' s land and the appellants ' land. The 6-foot
tall privacy fence proposed by the Owner on February 9, 2005 to be installed near the
property line between the Owner' s and the appellants ' land would not be sufficient as a
visual and noise-deterring buffer between the Owner ' s land and the adjoining lands to the
south; and it is
FURTHER RESOLVED, that the Town Board upholds the decision of the Planning Board with
respect to the proposed roofed smoking patio subject to the granting of variance by the Board of
Zoning Appeals of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone, and
Section 1002 — Nonconforming Structures of the Town of Danby Zoning Ordinance, with the
following conditions :
1 . The smoking patio must meet relevant requirements of the Tompkins County Health
Department.
2 . The Town Board recommends to the Board of Zoning Appeals that, in considering
the granting of variance for the smoking patio in its current location, that a visual and noise-
deterring buffer be installed between the smoking patio and the property to the south, as
determined to be sufficient by the Board of Zoning Appeals ; and it is
FURTHER RESOLVED , that the Town Board finds the following with respect to the southernmost
volleyball court :
The Owner proposed on February 9, 2005 to remove any amplified music in that area; and
on April 11 , 2005 at Town Board public hearing proposed to cease use of the court until an
adequate buffer was established; and it is
FURTHER RESOLVED , that the Town Board upholds the decision of the Planning Board granting
a Special Permit for the southernmost volleyball court subject to the granting of variance by the
Board of Zoning Appeals of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone,
of the Zoning Ordinance, and with the following modifications and conditions :
Use of this court shall cease until a visual and noise/deterring buffer is established between
the court and adjoining properties, the adequacy of such buffer to be determined upon review
of any application for such court by the Board of Zoning Appeals .
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FURTHER RESOLVED, that the Town Board finds that the proposed four amplified music
performances in the gazebo area per summer, with advance notification by the Owner to any
interested resident ; would be injurious to the use and enjoyment of other property in the vicinity and
neighborhood; and that the proposed stockade fence, proposed by the Owner to be 6 feet in height,
and of a length of 300 feet, proposed to be installed along the south property line, would be
insufficient because of its height and its location as a visual and noise-deterring buffer for the
property to the south and for the properties adjoining to the west ; and it is
FURTHER RESOLVED, that the Town Board reverses the decision of the Planning Board granting
a Special Permit for four amplified music performances in the gazebo area per summer, so that prior
to any use of the gazebo area and all adjoining exterior areas (including the parking lot) for amplified
music or other amplified sound, the Owner is required to :
1 . apply to and obtain variance from the Board of Zoning Appeals of Section 701
—Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 —
Nonconforming Uses of Land, of the Zoning Ordinance ; and
2 . apply to and obtain approval from the Town Board for such use, with any such
application to be of a form and to be subject to public hearing in the same manner as
provided for a Special Permit; and it is
FURTHER RESOLVED, that the Town Board finds that the use of alcoholic beverages outside
the Courtyard is injurious to the use and enjoyment of adjoining properties, so that the Town Board
prohibits the use of alcoholic beverages outside the Courtyard unless the Owner:
1 . applies to and obtains variance from the Board of Zoning Appeals of Section 701
—Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 —
Nonconforming Uses of Land, of the Town of Danby Zoning Ordinance ; and
2 . applies to and obtains approval from the Town Board for such use, with any such
application to be of a form and to be subject to public hearing in the same manner as
provided for a Special Permit; and it is
FURTHER RESOLVED, that the Town Board finds that the use of the exterior areas outside the
Courtyard for non-amplified gatherings of more than 50 people for the consumption of food and
alcoholic and non-alcoholic beverages, for athletic activities, and for shows, as extensions of the use
of the Common Ground business is injurious to the use and enjoyment of adjoining properties
because of the absence of established visual and noise-deterring buffers between the site and said
adjoining properties ; so that prior to any such further use, the Owner is required to :
1 . apply to and obtain variance from the Board of Zoning Appeals of Section 701
—Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 —
Nonconforming Uses of Land, of the Town of Danby Zoning Ordinance; and
2 . apply to and obtain approval from the Town Board for such use, with any such
application to be of a form and to be subject to public hearing in the same manner as
provided for a Special Permit;
and with the following exceptions :
3 . The currently-scheduled "Ithaca Pride Picnic" with a picnic/barbeque, scheduled for
Sunday, June 12 , 2005 , from 2 : 00 to 6 : 00 p .m . , provided that this event involves no
amplified sound; and provided that there is no consumption of alcoholic beverages outside
the Courtyard ; and
4. The currently-scheduled Horseshoe Tournament, scheduled for Sunday, June 19,
2005 , beginning at 3 : 00 p .m. , provided that this event involves no amplified sound, and
provided that there is no consumption of alcoholic beverages outside the Courtyard; and it
is
FURTHER RESOLVED, with respect to the gazebo/picnic pavilion, the Town Board directs the
Owner cease use of such structure for activities that are extensions of the Common Ground business
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until and unless the Owner :
1 . applies to and obtains variance, by the Board of Zoning Appeals, of Section 701
—Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 —
Nonconforming Uses of Land, of the Zoning Ordinance; and
2 . applies to and obtains approval from the Town Board for such use, with any such
application to be of a form and to be subject to public hearing in the same manner as
provided for a Special Permit; and it is
FURTHER RESOLVED , with respect to the Courtyard, that the Town Board finds that the use of
amplified sound in the Courtyard is injurious to the use and enjoyment of other property in the
vicinity and neighborhood; and it is
FURTHER RESOLVED , that the Town Board requires that there be no use of amplified sound in
the Courtyard, until and unless the Owner:
1 . applies to and obtains variance from the Board of Zoning Appeals of Section 701
—Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 —
Nonconforming Uses of Land, of the Zoning Ordinance ; and
2 . applies to and obtains approval from the Town Board for such use, with any such
application to be of a form and to be subject to public hearing in the same manner as
provided for a Special Permit; and it is
FURTHER RESOLVED, that the Town Board requires that there be no use of the stage/dining
platform in the Courtyard, until and unless the Owner applies to and obtains variance from the Board
of Zoning Appeals of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and
Section 1001 — Nonconforming Uses of Land, of the Zoning Ordinance; and it is
FURTHER RESOLVED , that the Town Board affirms the decision of the Planning Board with
respect to the proposed relocation of two parking lot lights so that the angle of lighting is directed
away from the property to the south, with the modification that alternative, equivalent means of
directing the angle of site lighting away from the property to the south may be accepted by the Code
Enforcement Officer in consultation with the Owner and with the residents to the south; with the
condition that such lighting improvement be made within 30 days of the date of this resolution; and
it is
FURTHER RESOLVED, that the Town Board affirms the decision of the Planning Board with
respect to the proposed painting of a white arrow on the front entrance sign to the Common Ground,
to better direct customers to turn onto Comfort Road ; with the condition that such improvement be
made within 30 days of the date of this resolution; and it is
FURTHER RESOLVED , that the Town Board directs the Code Enforcement Officer to investigate
the appellant ' s claim in their March 1 , 2005 appeal letter that the parking lots are not surfaced with
material adequate so as not to produce dust, and to order conformance with Section 706 .4 of the
Zoning Ordinance, which requires that parking lots be surfaced with blacktop , stone, or other
material that does not produce dust, if found to be applicable.
A roll call vote on the resolution resulted as follows :
Councilperson Strichartz excused.
Gagnon Aye
Nolte Aye
Varona-Lacey Aye
Dietrich Aye Carried
Proposed resolutions were presented to the Board to obtain bonding for the Town Capitol Projects .
After review of the proposed resolutions the following resolutions were approved.
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June 6 , 2005
RESOLUTION NO. 48 OF 2005
PROPOSED RESOLUTION - BID ACCEPTANCE ONE TON TRUCK
By Councilperson Nolte : Seconded by Supervisor Dietrich
WHEREAS, the Town ofDanby has received a bid from for the purchase of
a one ton truck for the Town Highway Department in the amount of $ 80, 650, now be it
RESOLVED, that the Town Board of the Town of Danby accepts the bid of $ 80,650 from
for the purchase of a one ton truck.
A roll call vote on the resolution resulted as follows :
Councilperson Strichartz absent
Gagnon Aye
Nolte Aye
Varona-Lacey Aye
Dietrich Aye Carried
RESOLUTION NO. 49 OF 2005
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF SERIAL BONDS FOR
THE PURCHASE OF A ONE TON TRUCK
By Councilperson Nolte : Second by Councilperson Varona-Lacey
WHEREAS, this Board had authorized the purchase of a new one ton truck (hereinafter referred to
as the "item")and
WHEREAS, a bid for said item has been accepted by the Board; now, therefore
BE IT RESOLVED by the Town Board of the Town of Danby, Tompkins County, New York as
follows :
Section 1 . For the object or purpose of purchasing a one ton truck, and to provide funds to
defray the cost thereof, $ 82 , 000 ofthe General Obligation Serial Bonds ofthe Ta wn ofDanby, New
York, shall be issued pursuant to the provisions of the Local Finance Law .
Section 2 . $ 82 , 000 is estimated as the maximum cost of said new item .
Section 3 . The plan for the financing of the purchase of said new item consists of the
issuance of General Obligation Serial Bonds of the Town in the principal sum of $ 82 ,000, to be
issued pursuant to the Local Finance Law.
Section 4 . It is hereby determined that the period of probable usefulness of the aforesaid
object or purpose is ten ( 10) years, pursuant to Subdivision 28 of Paragraph a of Section 11 . 00 of
the Local Finance Law. It is further determined that the maximum maturity of the Serial bonds
herein authorized will not exceed six (6) years .
Section 5 . The faith and credit of said Town of Danby, Tompkins County, New York, are
hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same
respectively become due and payable . An annual appropriation shall be made in each year sufficient
to pay the principal of and interest on such bonds becoming due and payable in such year. There
shall annually be levied on all the taxable real property in said Town of Danby a tax sufficient to pay
the principal of and interest on such bonds as the same become due and payable .
Section 6 . Subject to the provisions of the Local Finance Law, the pow. er to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Serial
Bonds herein authorized, including renewals of such notes, is hereby delegated to the Town
supervisor, the chief fiscal officer. Such notes shall be of such terms form and contents, and shall
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be sold in such manner as may be prescribed by said Town Supervisor, consistent with the provisions
of the Local Finance Law .
Section 7 . The validity of such bonds may be contested only if:
( 1 ) Such bonds are authorized for an object or purpose for which said Town is not
authorized to expend money, or
(2 ) The provisions of law which should be complied with at the date of publication
of this resolution are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within twenty days after the
date of publication, or
(3 ) Such bonds are authorized in violation of the provisions of the Constitution.
Section 8 . This resolution shall take effect 30 days after its adoption, unless a referendum
is requested in which event it shall take effect, if approved at such referendum, upon such approval.
Section 9 . This resolution is adopted subject to a permissive referendum pursuant to Town
Law Section 220, General Municipal Law Section 6-c and Local Finance Law Section. 35 . 00 .
A roll call vote on the resolution resulted as follows :
Councilperson Strichartz absent
Gagnon Aye
Nolte Aye
Varona-Lacey Aye
Dietrich Aye Carried
RESOLUTION NO. 50 OF 2005
A RESOLUTION AUTHORIZING THE ISSUANCE OF A BOND ANTICIPATION NOTE
By Councilperson Varona-Lacey: Seconded by Councilperson Gagnon
The Town Board of the Town of Danby duly convened in a special session, does hereby
resolve as follows :
Section 1 . Pursuant to, and in accordance with the provisions of the New York Local finance
Law, the Supervisor of the Town of Danby be and hereby is authorized and empowered to issue and
sell, I n the manner provided by the Local Finance Law, a bond anticipation note or bond anticipation
notes of the Town of Danby in an amount not exceeding $ 82 ,000, at such rate of interest as the said
Supervisor of the Town of Danby shall prescribe. Said bond anticipation note is being authorized
in furtherance of a Bond resolution adopted by the Town Board of the Town of Danby on the 6th day
of June, 2005 .
Section 2 . This Resolution shall take effect immediately.
A roll call vote on the resolution resulted as follows :
Councilperson Strichartz absent
Gagnon Aye
Nolte Aye
Varona-Lacey Aye
Dietrich Aye Carried
ADJOURNMENT :
On a motion the meeting adjourned at 8 : 15 p .m .
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Special Meeting
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(2tdaL 1 eon0
Carol W. Sczto'alski , Town Clerk
spm-6-6-05