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HomeMy WebLinkAboutTownBoard_Minutes_20150817Danby Town Board
Minutes of Regular Meeting
August 17, 2015
Present:
Supervisor: Ric Dietrich
Councilpersons: Rebecca Brenner, Leslie Connors, Jim Holahan, Jack Miller
Others Present:
Town Clerk Pamela Goddard
Bookkeeper Laura Shawley
Code Officers CJ Randall
Legislator Dan Klein
Public Ted Crane, Ronda Roaring, Felicia Parsons, Fred Schliefer, Joan Grant, Roger
Grant, David Hall
The Danby Town Board Meeting was opened at 7:07pm
Historian’s Report
Joan Grant made a report of her activities as Danby Town Historian. She has been working with the
other Town and County historians in Tompkins County on several projects. A revised Danby history and
informational brochure is in the works. The county-wide historians are working a project related to
Tompkins County civil war history.
Grant has compiled an annotated and cross-referenced record of names and burial locations in Danby
cemeteries. Dietrich noted that this could be a major project for the time. A copy of this will be provided
for use at the Danby Town Hall. There was a related discussion regarding restoration of stones that were
bulldozed over at the Peter Road cemetery.
Grant noted that she responds to many queries via mail and Email, and that she loves this work.
Members of the Board encouraged her to make cemetery records and other Danby history information
available to the public in several ways: articles in the Danby Area News, a copy of the cemetery records
in the Danby Library, and public programming. Grant was informed that file space and use of an office in
the Danby Town Hall is available for the Town Historian’s use and for storage of Danby historical
records. She was strongly encouraged to use this.
Approve Minutes
RESOLUTION NO. 75 OF 2015 - APPROVE MINUTES
Resolved, that the Town Board of Town of Danby approves the minutes of July 20, 2015.
Moved by Brenner, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Town Board_Minutes_20150817 • Wednesday, August 26, 2015 Page ! of ! 1 7
Highway Barn Roof Repair
Shawley presented quotes, information, and a recommendation on behalf of Carl Seamon and Jack
Shawley. The roof at the Highway Barn is badly in need of repair. The Highway Superintendents sought
quotes from six local contractors. They made a recommendation to use Scott Quick Construction. This
was the lowest bid received. In addition, Scott Quick has a good reputation for work with other
municipalities and large businesses. Bids ranged from $33,000-$90,000.
Shawley answered questions, to the best of her knowledge, regarding the condition of the roof and the
work required. All of these bids reflect prevailing wage, and all bidders were able to provide required
insurance coverage. It is hoped that this work can start and be completed in September/October.
RESOLUTION NO. 76 OF 2015 - AUTHORIZE HIGHWAY BARN ROOF REPAIR
Whereas, the roof of the Highway Barn is approximately twenty-five years old and has several leaks. The shingles
are loosening and falling off in areas, and
Whereas, quotes were obtained from six local builders for shingle removal, repair of any damaged construction, and
shingle replacement,
Now Therefore be it
Resolved, that after reviewing quotes the Town Board of Town of Danby authorizes the Highway Department to hire
Scott Quick Construction to do all roofing work. The price of the project is $33,000 to be paid out of the Building
Reserve in the General Fund.
Moved by Connors, Second by Brenner. The motion was tabled.
Members of the Board had several questions regarding the range of specificity in the various bids.
The bid from Scott Quick Construction, as presented to the Board, was not specific as to materials to be
used, waste disposal, etc. Connors and other expressed concern that it is difficult to evaluate the relative
bids when the cost ranges and levels of specificity are very different. Brenner asked whether this was a
time sensitive matter, and needed to be passed soon in order to schedule work.
Code Officer Hansen was asked for his perspective on the Highway Barn roofing project. He
suggested that metal roofing be considered. Metal roofing is a more “green” alternative, lasts as long as
petroleum based asphalt shingles, and the installation costs are lower. He noted that this is seasonal work,
and that might be a consideration in choosing a company for the work.
The Board requested additional information. The resolution was tabled for another meeting. The TB
may hold a special meeting to consider this time-sensitive request. The next regular TB meeting is not
until September 14.
Security Cameras for Highway Barns
Shawley presented information regarding the need for outside security cameras at the Highway
facility. There was a recent, late night incident of concern. While there was no noticeable theft or damage,
a security system is warranted. There are currently motion detectors, but the system could use
improvement. A preliminary bid of $2,800 was received from SCT. The Highway Department will seek
comparison bids and present more information to the TB.
Van Woert Road - Recommendation to Abandon
CJ Randall reported that there is a Tompkins County trails group that is interested in mapping walking
and recreational trails in Danby. Once Van Woert Road is officially deemed abandoned, should the
property abutters wish to pursue it, the Van Woert trail may be added to that mapping. Randall reported
that she would be happy to facilitate this. She informed property owners in attendance that they would be
free to block the trail to vehicle traffic in any way they wish, if it is abandoned by the Town.
Randall reported that all of the property abutters were contacted by mail. A notice was also sent to the
Town of Spencer. Clerk Goddard reported that no communication was received on this matter.
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RESOLUTION NO. 76 OF 2015 - NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE IN THE MATTER OF
CONSENTING TO THE FILING, BY THE HIGHWAY SUPERINTENDENT, TOWN OF DANBY, NEW YORK, OF A CERTIFICATE
DEEMING VAN WOERT ROAD (FORMERLY BROCK HILL ROAD) TO BE ABANDONED
Whereas, Article 8, Section 205, Paragraph 1 of the New York State Highway Law relating to Town Highways,
provides that every highway that shall not have been traveled or used as a highway for six (6) years shall cease to be
a highway, and that the Town Highway Superintendent, with written consent of a majority of the Town Board, shall file,
and cause to be recorded in the Town Clerk’s office of the Town a written description, signed by him, and by said
Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued,
and
Whereas, the highway right of way under consideration is described as follows: Commencing at a point 2680 feet
northerly as measured along the centerline of Van Woert Road from the centerline of its intersection with Hart Road
in the Town of Spencer; thence running northerly along an old road bed which road is not maintained, formerly known
as Van Woert Road (or as Brock Hill Road), which old road bed runs along the western boundary of Tax Parcels
31.-1-12 and 31.-1-9.11, to the intersection of said old road bed with the minimum maintenance portion of Larue
Road, and
Whereas, the Town of Danby Town Board has determined that such matter is ministerial pursuant to the State
Environmental Quality Review Act and pursuant to Town of Danby Local Law No. 2 of 1991 “Providing for
Environmental Review of Actions in the Town of Danby,” but is reviewing the matter as an Unlisted Action, with the
Town Board acting as Lead Agency in environmental review and with no other involved agencies, and
Whereas, the Town of Danby Town Board has reviewed the draft Short Environmental Assessment Form and
recommendation as prepared by the Town Planner;
Therefore, now be it
Resolved, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this matter,
which has been treated as an Unlisted Action, accepts the draft Short Environmental Assessment Form and
recommendation as presented, and makes a negative determination of environmental significance for this action.
Moved by Brenner, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
RESOLUTION NO. 77 OF 2015 - CONSENTING TO THE FILING, BY THE HIGHWAY SUPERINTENDENT, TOWN OF DANBY,
NEW YORK, OF A CERTIFICATE DEEMING VAN WOERT ROAD (FORMERLY BROCK HILL ROAD) TO BE ABANDONED
Whereas, Article 8, Section 205, Paragraph 1 of the New York State Highway Law relating to Town Highways,
provides that every highway that shall not have been traveled or used as a highway for six (6) years shall cease to be
a highway, and that the Town Highway Superintendent, with written consent of a majority of the Town Board, shall file,
and cause to be recorded in the Town Clerk’s office of the Town a written description, signed by him, and by said
Town Board, of each highway and public right of way so abandoned, and the same shall thereupon be discontinued;
and
Whereas, the Town of Danby Highway Superintendent has determined that the highway right of way described
herein has not been opened and worked, or traveled or used as a highway in six (6) years, and that the Town
Highway Department has not maintained such highway in six (6) years; and
Whereas, the Town of Danby Town Board, on July 13, 2015 has reviewed the draft written description of said
highway right of way deemed abandoned as presented by the Town Planner, with such highway right of way more
particularly described as follows:
Commencing at a point 2680 feet northerly as measured along the centerline of Van Woert Road from the
centerline of its intersection with Hart Road in the Town of Spencer; thence running northerly along an old road bed
which road is not maintained, formerly known as Van Woert Road (or as Brock Hill Road), which old road bed runs
along the western boundary of Tax Parcels 31.-1-12 and 31.-1-9.11, to the intersection of said old road bed with the
minimum maintenance portion of Larue Road; and
Whereas, for the record, "the former road deemed abandoned is shown as an unimproved Town right of way on the
1978 Official Map of the Town of Danby.” So it has not been travelled or worked as a Town highway since well before
1978, if ever at all. The properties, which adjoin the abandoned road already, have access on year-round or minimum
maintenance roads. On June 11, 2007, the Danby Town Board renamed the short part of year round road to the
south of the abandoned road from Brock Hill Road to Van Woert Road; and
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Whereas, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this matter,
which has been treated as an Unlisted Action, accepts the draft Short Environmental Assessment Form and
recommendation as presented, and makes a negative determination of environmental significance for this action;
Therefore now be it
Resolved, that the Town of Danby Town Board hereby confirms and accepts the determination of the Town of Danby
Highway Superintendent that said highway right of way has not been opened and worked, or traveled or used as a
highway in six (6) years, and that the Town Highway Department has not maintained such highway in six (6) years;
and be it
Further Resolved, that the Town of Danby Highway Superintendent shall file and cause to be recorded in the Town
Clerk's office of the Town of Danby said written description of said highway right of way deemed abandoned.
Moved by Brenner, Second by Miller. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Appoint to County Environmental Management Council
Clerk Goddard informed the Board that Bill Evans was contacted regarding his interest in being
appointed as an official representative to the County EMC for the Town of Danby. Evans expressed his
interest and willingness. He has already begun attending meetings.
RESOLUTION NO. 78 OF 2015 - APPOINT COUNTY EMC REPRESENTATIVE
Resolved, that the Town Board of the Town of Danby appoints Bill Evans as Town of Danby representative to the
Tompkins County Environmental Management Council for the year 2015.
Moved by Connors, Second by Holahan. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Legislator’s Report
Dan Klein reported on several topics. He reminded the Board that he is a County Legislative
Representative to the EMC and that he will also report on actions and activities of that groups.
Klein reported that, while there has not been an official response from NYS regarding the County-
wide Tax Cap Efficiency Plan, it is rumored that the State will not accept this as a valid plan for
municipalities.
As part of a process for evaluating projects for water management and erosion control, a ditch
management plan for West Miller Road (in the area by the bridge on West Miller Road) will be voted on
soon. West Miller Road is a County road.
Klein reported that a law regarding the regulation of drone aviation is being considered by the
Tompkins County Legislature. The Legislature is reviewing a similar law from Rockland County. Klein
stated that the opinion of the Tompkins County Attorney is that such a law would be unconstitutional.
Various firms are doing study/research. One of these will make a report on August 25.
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Discussion with Code Officer Paul Hansen
Code Officer, Paul Hansen responded to questions regarding the status of construction on the site
where “Eagle Auto” received a special permit. Connors expressed concern that the building construction
does not correspond to the design approved for an auto repair shop. Specifically, the auto entrances are on
the opposite side from what was approved. This is a concern, as the approved building had an office/
waiting area on the south side of the building, in part as a sound buffer for the adjacent neighbor’s house.
This and other mitigating factors have been changed. Hansen described the code review for the building
that has taken place up to this time.
Information was shared that the planned use has changed, following the death of the main mechanic
at the beginning of the year. The structure is now planned as a private garage. Hansen reported that Kuhns
wished to hold onto the possibility of having an auto repair shop there sometime in the future. The Board
expressed concern that, while there may not be intent to use as a business at this time, that may change in
the future and the building, as currently being constructed, would not be appropriate.
Connors insisted that there be no auto repair in that location unless the building meets the conditions
of the plans approved in the special permit. Hansen responded to these concerns and agreed that the
structure must match the site plan should the building ever be used for a repair shop. Brenner suggested
that official correspondence on this matter might be warranted.
There was a related discussion of allowed uses in Commercial Zone “C”, the legal rights attached to a
special permit and how those may or may not be limited once a permit is issued, and the maintenance of
the historical record for such permits and properties. Improvements to records management in the Code
Office should improve future review of concerns and limitations related to a property. Hansen agreed to
follow up and keep the Board informed.
Hansen reported on the status of enforcement regarding various violations infractions. Hansen
outlined the legal process, outlined in Code procedures, of notification and communication with property
owners on Route 96B and Hornbrook Road. There is particular concern with dumping and other
violations in the areas of wetlands. To improve enforcement, he is working with the DEC on three
properties.
PDZ10 Update
Planner CJ Randall reported the status of a draft proposed Local Law amending allowed uses in the
Planned Development Zone #10 located on Gunderman Road. Draft documents were distributed just prior
to the August 10 TB meeting. In addition, Hall has submitted Part I of the environmental review and a
traffic study. Randall presented a draft resolution to refer this, as a new project, to the Planning Board for
review. Randall advised that this draft is substantially different from the previous draft law amending
allowed uses.
Randall further outlined the procedures which will be required, should the Board opt to send the
proposal to the PB for review. There would be Planning Board review, including a public hearing,
resulting in a report to the Town Board. Randall would complete part II of the SEQR environmental
review, establishing the Town Board as Lead Agency. The proposal would be sent to Tompkins County
Planning for review. Finally, the Town Board would deliberate on all of this material. If the project
continues to move forward at that time, the Board would then set a public hearing for citizen comment.
Any and all of these steps are at the discretion of the TB.
Randall further noted that the process also considers any potential neighbor petition (such as the one
submitted in the spring). If 20 percent of the surrounding neighbors sign on to a petition of concern,
approval of a zoning amendment would require a supermajority vote of the Town Board.
Supervisor Dietrich outlined options available to the Board: to either decide that it does not wish to
amend allowed uses and not to proceed any further, or to provide for further community review and send
the proposal to the Planning Board.
Brenner cautioned petitioner David Hall that she sees several “red flags” in this proposal and has
strong concerns. She expressed concern that key issues for neighbors regarding multiple allowed uses,
Town Board_Minutes_20150817 • Wednesday, August 26, 2015 Page ! of ! 5 7
truck traffic, and cumulative impacts are still present in the current proposal. In her view, the nature of the
uses are in conflict with a residential zone. She was concerned that directing the PB to review the
proposal would be seen as giving “blessing” to the proposal. Randall reminded the Board that sending the
proposal to the Planning Board does not obligate it to any action.
Connors described the previous activities at the Angelhart/Flax complex as multiple uses, related to
clothing manufacture, in one building, and concluded that this was not substantially different from the
current proposal. She supported continuing the vetting process for the current proposal and sending it to
the PB for formal review.
Hall made a statement to the Board, expressing disappointment that the review process must start
over as new to the Planning Board. He responded to concerns, saying that he did not view the changes to
the proposal as that substantial. Hall reminded the Board that there are limits to the numbers of
employees, the amount of truck traffic, and hours of operation. In Hall’s view, reprising Connors
statement, the request is not for multiple uses but rather multiple tenants. Brenner disagreed with this
assessment, offering a counter view that while any one of the proposed uses could be a good idea, all of
them together are too much. She advised Hall that the Board must do due diligence, for example, in
assessing the cumulative impacts of truck and vehicle traffic.
Supervisor Dietrich expressed the view that, while the Board could “just say no,” in fairness to all he
thought it would be useful to send this to the PB for review in order to facilitate resident input. He added
that the current draft was rewritten with objections and concerns in mind. Dietrich asked the Board for
their views on how to proceed. Holahan and Miller expressed appreciation for the efforts leading to this
point. They agreed that the discussion was helpful and that the vetting process should proceed.
The documents will be released to the public, including being posted on the Town web site, following
the August 20 Planning Board meeting.
RESOLUTION NO. 79 OF 2015 - REZONING REFERRAL TO PLANNING BOARD REGARDING A LOCAL LAW AMENDING
AND SUPERSEDING LOCAL LAW NO. 1 OF 1997 AND LOCAL LAW NO. 1 OF 1996 TO REZONE CERTAIN LANDS
HEREAFTER TO BE KNOWN AS PLANNED DEVELOPMENT ZONE 10
Whereas: the Danby Town Board is considering a proposal to amend Planned Zone Development 10, formerly
Angelheart Designs, to allow site and building improvements for the Summit Enterprise Center project, proposed to
be located at 297-303 Danby Road, Town of Danby Tax Parcel No. 502200-9.1-9.12, JLF Holdings, owner and
applicant, and
Whereas: According to Sections 604 and 800 of the Town of Danby Zoning Ordinance, the Town Board must request
the Planning Board’s official report and recommendation,
Therefore, now be it
Resolved, that the Town Board of the Town of Danby hereby refers draft Planned Development Zone 10 (“A Local
Law Amending And Superseding Local Law No. 1 Of 1997 And Local Law No. 1 Of 1996 To Rezone Certain Lands
Hereafter To Be Known As Planned Development Zone 10”) to the Danby Planning Board to review the Amendment
and provide the Town Board with its official recommendations.
Moved by Dietrich, Second by Connors. The motion passed.
In Favor: Brenner, Connors, Holahan, Miller, Dietrich
Town Board_Minutes_20150817 • Wednesday, August 26, 2015 Page ! of ! 6 7
Aquifer Protection Ordinance/Water Resources Update
A short report was given, informing the Board that two public information meetings are set for
October. A final draft of the Aquifer Protection Ordinance and related zoning changes is being worked on
by the Town Attorney and Steve Winkley (of Rural NY Water Resources). A two-part series has been
scheduled on water resources research and protection options. The programs will be presented by Steven
Winkley on October 8 and 29.
Correspondence
Susan Beeners requested that the following communication be read into the record. “To Town Board:
I ask that you consider this as a request and take action. I have inquired about this since November, with
no responses from the web committee. Please add links to the Danby Area News on your Town website.
Such links could be on the home page at News, on the News page, and with local newspapers on the
Links page. The DAN is funded by the Town, and for decades has been a real community service.”
Clerk Goddard reported that communication has been received from the Tompkins County
Department of Transportation stating that the process for reviewing speed reduction on the dirt portion of
Comfort Road is moving forward.
Adjourn
The meeting was adjourned at 9:16 pm. !!!
______________________________________
Pamela Goddard, Town Clerk
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