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HomeMy WebLinkAbout2006-05-08 56 Public Hearing Minutes Proposed Local Law - No . 1 of 2006 May 8 , 2006 TOWN OF DANBY PUBLIC HEARING MINUTES PROPOSED LOCAL LAW SUBDIVISION REGULATIONS MAY 8, 2006 PRESENT : ; Councilpersons : 1 Eugene Beavers, Norbert Nolte, Joseph Salino , Gladys Varona-Lacey ABSENT : Supervisor Dietrich (excused) Others Present: ) Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Tracy White - Highway Secretary Ted Jones - Bookkeeper Roy Casterline - West Danby Water District Superintendent Members of thel Public : Ames Brown, Ronda Roaring, Cindy Smith, Joel Gagnon, David & Judy Noteboom, George Blanchard, Kent 'McNeil, Frank Proto , Bill Farrell, Robert Roe, Carl Seamon, and others . Public Hearing Declared Open Deputy Supervisor Norbert Nolte declared the public hearing open at 6 : 35 p .m . and read the following Notice; of Publication : "PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will holdja public hearing on Monday, May 8 , 2006 at 6 : 30 P .M . at the Town Hall, 1830 Danby Road, Ithaca, New York, Tompkins County, to consider enacting a local law entitled : "A LOCAL LAW AMENDING THE SUBDIVISIONS , MODIFYING PROCEDURES FOR SUBDIVISION APPLICATIONS , AND CHANGING REQUIREMENTS , STANDARDS , AND GUIDELINES RELATED TO ENVIRONMENTAL CONSERVATION" . Residents may obtain a copy of the proposed local law at the Clerk ' s Office during regular office hours . All persons will be heard in either in person or in writing. By Order of the Town Board Carol W. Sczepanski , Town Clerk Dated : April 21 , 2006 Publish : April 26, 2006" Communications : Affidavit of Publication Summary of Proposed Changes to Subdivision Regulations Proposed Local Law Susan Beeners gave a brief overview of the proposed changes to the subdivision regulations and described the summary. Comments and Questions From the Public : George Blanchard - Item No . 2 on the first page - What is the minimum small lot size on a fifteen ( 15 ) acre parcel? Susan Beeners said that it would be a two(2) acre lot permit. There have not been any revisions related to obtaining a permit. The next round will include some ways we could do lots by permit of one acre in low density. Joe Husband - question on the non-residential farm structure in the restricted no build areas . 57 2 Public Hearing Minutes Proposed Local Law - No . 1 of 2006 May 8 , 2006 Susan Beeners - a horse boarding business could put their stable in a no build restricted area. The only non farm structure type structure that could be within a no build or restricted area is a storage shed of less than 100 sq . feet. Ames Brown - these regulations are very different at a time when government is asking us to work at our homes . It seems the plan is geared to the past without much flexibility. Bill Farrell - what about lots that are already divided- are they subject to agriculture no build regulations? Why are we restricting this to five(5 ) acres or one lot in five years? The Tompkins County Health Department already requires that you have four(4) lots in three years . He said that we are just getting back to the same no build in Danby. They are not letting people build and trying to restrict how many lots you can sell. Susan Beeners said that not lots that are already divided and that are not going to be further divided . Councilperson Nolte said that we are trying to make the regulations a little more user friendly. We are trying to pass these changes to make it a bit more user friendly. Ray VanDeBogart made a clarification on lots allowed . Restricted build area does not mean that you cannot build there . It means that you cannot just walk in and get a permit to build but that you must come to the Planning Board to work out a plan that shows what you will build there. Ted Melchen - with all these different types of soils, when it comes to doing surveys, how do the . . surveyors know where one type ends and another begins? Susan Beeners said that the maps that will be used will be geographically referenced so that she can produce a letter that will show where that soil is . The surveyors can get the data electronically. The map that we have provided will show where those are would be used as a supplement to the final survey map as part of the reference . Joel Gagnon - He supports these change as they are what the Task Force and the Board were talking about last fall . This is just the first step . Joe . Husband - trying to understand why the Board is going through this process . Data from the 2000 census said that Danby is made up of roughly 53 lots per square mile . Roughly 34, 000 acres of land and has 1 , 250 homes . That is about 1250 acres over 34, 000 acres for that area. We are conserving 96% of the land. Why is it such a big deal to go through this process? If you add all the farm land and say there is 2 ,000 acres of farm land you are still conserving 90% of the area. Robert Roe - one of the reasons for this is because of the new Comprehensive Plan. It is not a legal document. These are attempts to bring the zoning ordinance parallel with the Comprehensive Plan. George Blanchard - has attended the Task Force meetings and does not support it. Public Hearing Declared Closed Deputy Supervisor Nolte declared the public hearing closed at 7 : 00 P .M . Carol W. Sczepans ,i %' wn Clerk phm-PLL- 1 -06 63 V 1 Town Board Minutes May 8 , 2006 TOWN OF DANBY TOWN BOARD MINUTES MAY 8, 2006 PRESENT : Councilpersons : Eugene Beavers, Norbert Nolte, Joseph Salino, Gladys Varona-Lacey ABSENT : Supervisor Dietrich (excused) Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Tracy White - Highway Secretary Ted Jones - Bookkeeper Roy Casterline - West Danby Water District Superintendent Members of the Public : Ames Brown, Ronda Roaring, Cindy Smith, Joel Gagnon, David & Judy Noteboom, George Blanchard, Kent McNeil, Frank Proto, Bill Farrell, Robert Roe, Carl Seamon, and others. Deputy Supervisor Norbert Nolte called he meeting to order at 7 : 00 p . m . and led all present to the Pledge of Allegiance to the American flag. Additions or Deletions to the Agenda 1 . Under new business - Resolution for Camelot Subdivision in West Danby. 2 . Under new business - Bob Roe ' s resolution to the Tompkins County Board of Legislators asking endorsement regarding the assessment of land process . 3 . Request for creation of a new budget item line for the Beautification Committee . Correction in April 10, 2006 Minutes The Town Clerk reported that there is a correction in the April 10 , 2006 minutes under Representative Proto ' s report - the Asian Flu should be deleted and replaced with Avian Flu . PRIVILEGE OF THE FLOOR Councilperson Varona-Lacey reported that there is still a lot of scrap metal still on the site. Highway Superintendent Andrew Thurnheer said that is still a lot of scrap metal to be disposed of. Susan Beeners asked if there was going to be any further discussion or action on the proposed local law. COMMUNICATIONS RECEIVED 1 . Planning Board Recommendation - re : proposed re-zoning regulations 2 . Request to have YOGA classes at the Town Hall 3 . Letter of interest from George Blanchard to fill Planning Board Vacancy 4 . Supervisor' s Annual Report (AUD) for Fiscal year 2005 - filed with Town Clerk Members of the Public Ronda Roaring - runs a business in the Town of Danby and is concerned that the Town does not have cell phone service in her area and needs that service to run her business . Her business is also computer based and there is no cable service for a computer based system . She desperately needs high speed computer access . Haffle Cable Service comes within a mile of her home. She asked the Town Board to look into the service Haffle has in some areas of Danby. She said that there are grants available to do home repairs . She said that residents could be greatly benefit from these grants but the Town must apply for them . She asked the Board to look into these grants . 64 2 Town Board Minutes May 8 , 2006 Tracy White, the new Highway Secretary, Tracy White introduced herself to the Town Board and residents . She is very impressed with our Town and the boards working with everybody. Ames Brown - is still stunned about the bond request for $ 500 , 000 dollars . One of the items included was the purchase of a generator for the West Danby Water District for emergency services . Ames also supports Mr. Roe ' s resolution to the County Legislators . Deputy Supervisor Nolte reported that the Board concluded that if it was necessary to get an emergency generator to run the pump that we could do so and could provide water to West Danby in case of power outage. Ray VanDeBogart - runs his own business and in case of emergency has generators because if one fails during an emergency there is no way you can get generators . Ronda Roaring - appealed her assessment and it was refused by the Assessment Department. The next step would be to go to court . An assessor called her and said that he had looked at the prices of houses in Tompkins County and they were going up so much and felt that she would not win a court appeal . The houses in Tioga County near her are assessed at approximately 1 /3 of what Tompkins County has hers assessed at. She thinks that Tompkins County assessments are out of whack. She supports Mr. Roe ' s resolution to the County Legislators . Ronda also is requesting that the Town look into extending Time Warner Cable or look into having another cable service into her area so that she can get high speed connection. Ann Klingensmith - is involved with the Comprehensive Plan Implementation Task Force and likes the direction we are going. Zoning is necessary and it is a good thing if it means there is not a lot of building. Ted Jones - would like a resolution to utilize funds from a possible BAN in the future to pay the fund balance for monies expended for the Beautification Committee in advance of receiving them REPORTS : County Representative Report Representative Proto reported on the following : Tompkins County Budget is on the County Agenda; Local Assessment Board of Review (grievance day) is Tuesday May 9 , 2006 for Danby; Flu Pandemic - not had a problem in the State or County - what do we do with other animals other than chickens or birds ; Solid Waste fees are into effect and they have expanded the types of items that can be recycled . Sneakers - in cooperation with Ithaca College, Cornell and TC3 has started a sneaker collection and a way to get them recylcled. Monies for Danby Fund Day have been approved in the amount of $ 1988 . Youth Award - a young man from the Town of Danby will be receiving the Distinguished Youth Award. Representative Proto will be making a brief presentation to the Environmental Management Council ; Personnel Committee - to set salaries for the next (four) years for the T . C . Sheriff and T . C . Clerk as both positions are up for election in 2006 . Budget - don ' t know what the rates will be until after the Final Assessment Roll has been reviewed and he would like to se a 0% increase. Environmental Management Council Report Robert Roe reported that at the April Meeting, Paul Curtis from Cooperative Extension on the deer situation in Tompkins County. Deer populations increase each year. There has been no Chronic Wasting Disease has no impact in New York State. There were 96, 527 DMP permits were given out in 2005 -2006 and only 12 , 161 deer were harvested . Public Safety Communication System is moving forward as planned . Highway Report_ A written report was received by the Board (May 8 , 2006) Tracy White reported that the remediation of the drainage systems at the Highway Department has �I 65 3 Town Board Minutes May 8 , 2006 started after several inspections . Possibly an outside independent party will act as a mediator for the Highway Department Employees and the Superintendent to try to work things out . Currently the department is working on grading and patching of roads . The project on East Miller Road is to begin soon. Zoning Report Susan Beeners reported that she is pleased that Tracy is now on staff because the Zoning Office needs to interact with the Highway Department regarding the Old Town Barns . The construction activity is only about half of what it was last year. She would encourage members of the Town Board and the Planning Board to attend their meetings . Subdivision Regulations - County Planning Department had thirty(30) days to provide a letter to the Town . They at this time have not reviewed the proposal but she expects to receive response from them later this week. Planning Board Report Robert Roe reported that the Planning Board held public hearings for three(3 ) proposals in April. The hearings were for the Danby Community Park, the property at 1850 Danby Road (Lane ' s Automotive/Bailey Homes , and Waldorf School of the Finer Lakes . A Special Meeting was held for the 1850 Danby Road property as a super majority was required to override the County Planning recommendations . Beautification Committee Councilperson Varona-Lacey reported that the committee planted about ten( 10) trees from the grant they received . They plan to plant more trees this week- end Arrangements have been made with West Danby regarding planting ' s in their area. Residents may submit requests for trees to be planted on their property for the beautification project. Community Council Community Council did not hold a meeting in April. Creation of Budget Line for Youth Programs Bookkeeper Ted Jones said that we could put the payment for volunteers who are involved in the Beautification Project and a new budget line will be created under Account No . A7310. 100. Senior Citizen Report Carol Sczepanski reported that the Senior Citizens met on Thursday May 4, 2006 with approximately 36 seniors in attendance. Our program for the evening was a slide show by Shannon Westmiller of a trip to New Zealand that was enjoyed by all . Dog Control The SPCA has submitted a report for March. A copy of the letter from the SPCA Director regarding an on-going issue between the Town Clerks and the SPCA on how tickets are sent to owners of delinquent dogs . The Rabies Clinic in Danby on May 9 at the Danby Road Fire Department was well attended . Fire District Report Councilperson Beavers reported that the Danby Fire District is going to expand their investigation into the drain system at the West Danby Fire House . They are continuing their grant application for a new pump truck for the Danby Fire Station on 96B and they have contracted with an architect to do the preliminary sketches for the Fire Station as the grant approval monies must be expended by July 2006 . Request for YOGA Classes Minnie Jardine has requested the use of the Town Hall for YOGA classes at the Town Hall . The request will be referred to Community Council . Updated Cost Estimates - Highway Remediation Project Susan Beeners reported that the Board has recieved updated cost estimates for the Highway Remediation Project. She understands that there will be a bonding resolution subject to permissive 66 4 Town Board Minutes May 8 , 2006 referendum will be required . The Town Attorney, once he has the final costs will have the bond attorney prepare a proposed resolution for the funding. She recommended that the board look into options for funding of the testing of the leach fields . Ted Jones said that the town will need to borrow from the fund balance to cover the costs incurred for the testing of the leach fields and some of the engineering costs to date. He asked that the board approve a resolution to return the funds to the fund balance . Bailey Homes Request for Re-zoning The Planning Board by Resolution No . 18 of 2005 approved the request from Bailey Homes for a Special Permit and recommended that the Town Board of the Town of Danby consider an adjoining parcel of . 38 +/- acres adjoining the property at 1850 Danby Road be rezoned to Commercial Zone "C" and that the general site plan be approved. Motion to Schedule a Public Hearing. A motion was made by Councilperson Beavers and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby schedule a public hearing on Wednesday, June 5 , 2006 at 6 : 30 p .m . for the Bailey Homes Proposal at 1850 Danby Road, Ithaca, New York. A roll call vote on the motion resulted as follows : (Supervisor Dietrich absent) Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried RESOLUTION NO. 52 OF 2006 PETITION FOR RECLASSIFICATION OF A PORTION OF CURTIS ROAD - PUBLIC HEARING SCHEDULED By Councilperson Salino : Seconded by Councilperson Beavers WHEREAS, the Town Board of the Town of Danby has received a letter dated April 28 , 2006 from Lee Shurtleff, Director, Tompkins County Department of Emergency Response, which letter of petition requests that a portion of Curtis Road of approximately 900 feet in length be reclassified from minimum maintenance (seasonal use) to year-round use, for the purpose of allowing access to the County Public Safety Communications System tower site on Curtis Road; and WHEREAS, Town of Danby Local Law No . 2 of 2002 provides that a public hearing be held upon such a petition within thirty days of receipt; and WHEREAS, this is an Unlisted Action for which the Town Board of the Town of Danby I s acting as Lead Agency in environmental review, with no other involved agencies having been identified ; NOW THEREFORE I T IS RESOLVED, that the Town board of the Town of Danby hereby schedules a public hearing on such petition for Monday, June 5 , 2006 following the Bailey Homes public hearing. A roll call vote on the resolution resulted as follows : Supervisor Dietrich absent . Beavers Aye Nolte Aye S alino Aye Varona-Lacey Aye Carried RESOLUTION NO . 53 OF 2006 SECURING OF TOWN HIGHWAY FACILITY AND PROPERTY jl RESOLVED, that the Town Board of the Town of Danby directs the Town Highway Department, located at 93 Hornbrook Road to close and lock the gates to the facility during all non-working hours 67 t, 5 Town Board Minutes May 8 , 2006 and when there is not an employee in attendance . A roll call vote on the resolution resulted as follows : Supervisor Dietrich absent. Beavers Aye Nolte Aye S alino Aye Varona-Lacey Aye Carried RESOLUTION NO. 54 OF 2006 EXCAVATION PROHIBITED ON TOWN PROPERTIES By Councilperson Beavers : Seconded by Councilperson Salino RESOLVED, that the Town Board of the Town of Danby prohibits the excavation on Town of Danby Highway Department properties for the purpose of building a pond, obtaining gravel or the building of an airstrip for small aircraft. A roll call vote on the resolution resulted as follows : Supervisor Dietrich absent . Beavers Aye Nolte Aye S alino Aye Varona-Lacey Aye Carried ASSESSMENT PRACTICES IN TOMPKINS COUNTY Bob Roe read a resolution regarding real property assessment practices in Tompkins County that has been approved by the Planning Board and asked to Town Board to consider approving this resolution to be forwarded to Tompkins County Legislature. RESOLUTION NO. 55 OF 2006 REAL PROPERTY ASSESSMENT PRACTICES IN THE COUNTY OF TOMPKINS By Councilperson Beavers : Seconded by Councilperson Varona-Lacey WHEREAS, the real property assessed values in the County of Tompkins are unduly influenced by the properties placed on the market by the transient segment of the County population, and WHEREAS , the assessed value of real property in the County of Tompkins has been subject to increases totally out of the line with the increase in assessed values in the nine(9) surrounding counties and in New York State generally; and WHEREAS, the annual and tri-annual double and triple digit percentage increases in the assessed real property values often place undue hardships on the long-term residents of the county and the residents on fixed incomes who wish to remain in their homes ; and WHEREAS, the assessed values of real property in the County of Tompkins are often determined in an arbitrary and capricious manner; and WHEREAS, the Tompkins County Legislature appears unwilling and unable to remedy this situation; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby requests to the Tompkins County Legislature that the assessed value of real property in the County of Tompkins be fixed at the value specified at the conclusion of the 2001 assessment cycle unless the assessed property has subsequently been sold; and it is FURTHER RESOLVED, that changes to the assessed value of real property in the County of Tompkins only occur at the time of the actual sale of the property in question 6 Town Board Minutes May 8 , 2006 A roll call vote on the resolution resulted as follows : Supervisor Dietrich absent. Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried RESOLUTION NO. 56 OF 2006 CAMELOT SUBDIVISION - APPROVAL OF PROPOSED ROAD GRADE By Councilperson Salino ; Seconded by Councilperson Varona-Lacey WHEREAS, the subdivision plans for Camelot Subdivision, located on the northeast corner of the intersection of Billview Road and N. Y . S . Route 34/96, propose, for the proposed road named Patchen Court, a road grade of twelve( 12) percent for an approximate 175 -foot length of Patchen Court ; and WHEREAS, the Town of Danby Highway Specifications provide that roads have a maximum grade of seven(7) percent ; and WHEREAS, the Section 604 of the Subdivision Regulations of the Town of Danby provide for a maximum grade often ( 12)(sic) on minor streets ; which section is currently under revision to correct such maximum grade to ten( 10) percent on minor streets ; and WHEREAS, the Town ' s consulting engineer has recommended that, given the limited length of the portion of the road that is proposed to have a twelve( 12) percent grade; and given that adherence to the seven(7) percent requirement would require additional excavation; and • WHEREAS, Patchen Court is designed as a cul-de- sac , with seven(7) lots ; NOW THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby hereby waives the requirements of the Highway Specifications and Subdivision Regulations related to maximum road grade, hereby permitting the subject portion of Patchen court to have a maximum centerline grade of twelve( 12 percent. A roll call vote on the resolution resulted as follows : Supervisor Dietrich absent . Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried APPROVAL OF TOWN CLERK' S REPORT A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the Town Clerk' s report for April, 2006 as submitted . A roll call vote on the motion resulted as follows : (Supervisor Dietrich absent) Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried APPROVAL OF FUND WARRANTS Approval of the General Fund Warrant No. 4 of 2006 A motion was made by Councilperson Salino and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the General Fund Warrant No . 4 of 2006 in the amount of $ 33 ,309 . 93 voucher numbers 154 - 208 . 69 7 Town Board Minutes May 8 , 2006 A roll call vote on the motion resulted as follows : (Supervisor Dietrich absent) Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried Approval of Highway Department Fund Warrant No. 4 of 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the Town Board of the Town of Danby approves the Highway Department Fund Warrant No . 4 of 2006 in the amount of $ 16 , 946 . 97 voucher numbers 51 - 60 . A roll call vote on the motion resulted as follows : (Supervisor Dietrich absent) Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried Approval of the West Danby Water District Fund Warrant No. 4 of 2006 A motion was made by Councilperson Beavers and seconded by Councilperson Salino that the Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 4 of 2006 in the amount of $ 6 , 931 . 49 voucher numbers 17 - 22 . A roll call vote on the motion resulted as follows : (Supervisor Dietrich absent) Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried T & A Account Fund Warrant of May 8, 2006 A motion was made by Councilperson Nolte and seconded by Councilperson Beavers that the Town Board of the Town of Danby approves the Trust and Agency Fund Warrant dated May 8 , 2006 , voucher No . 1 of May 5 , 2006 in the amount of $ 1 ,24 . 85 payable to T . G. Miller PC . A roll call vote on the motion resulted as follows : (Supervisor Dietrich absent) Beavers Aye Nolte Aye Salino Aye Varona-Lacey Aye Carried ADJOURNMENT On a motion the meeting adjourned at 8 : 30 P .M . (Ida/ s53, Carol W . Sczepan own Clerk min-5 - 8 -06 ._