HomeMy WebLinkAbout1990-04-09 TOWN OF DANBY
PUBLIC HEARING - H & E MACHINERY
APRIL 9 , 1990 - 7 : 30 P . M .
PRESENT :
Supervisor Dietrich
Councilpersons : Marisa , Oltz , Schwartz
Town Clerk : Sczepanski
EXCUSED :
Councilperson Eckstrom
OTHERS PRESENT :
Members of the Public : Jutta Locker , Zamer Herren , Ruth Mayer ,
Eugene Hartquist , Nancy Weitzel , Edw . M . Roberts
Motion to Open Public Hearing
On a motion Supervisor Dietrich called the Public Hearing to
order at 7 : 30 P . M .
Supervisor Dietrich explained that the purpose of the Public
Hearing is to consider the request of H & E Machinery Inc . , 334
Comfort Road , to construct an additional building on their
Planned Development District to be used for office space . He
presented the plans for the new Planned Development District for
the Town Board to review .
Councilperson Marisa stated that he would like to see a reduction
in the exterior lighting . The lighting should be directed down
as opposed to out .
No public addressed the public hearing .
Discussion followed in regard to several types of visors that are
available for directing the glare from exterior lighting .
Motion to Close Public Hearing
A motion to close the Public Hearing at 7 : 45 P . M . was made by
Councilperson Schwartz and seconded by Councilperson Marisa .
A roll call vote on the motion was as follows :
Marisa Aye
Oltz Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Respectfully submitted
ateAti-ad4raa-acts
Carol W . Sczepanski
Town Clerk
2? a21
TOWN OF DANDY
TOWN BOARD MEETING
Regular Meeting April 9 , 1990
8 : 00 P . M .
PRESENT :
Supervisor Dietrich
Councilpersons : Marisa , Oltz , Schwartz
ABSENT :
Councilperson Eckstrom ( excused )
OTHERS PRESENT :
Town Clerk - Sczepanski
Water District Superintendent - Casterline
Planning Board Chair - Weitzel
Fire District Representative - Genter
Senior Citizens Representative - Roberts
Tompkins Co . EMC Representative - Engman
Members of the Public : Joel Gagnon , Paul Viscuso , Frank Darrow ,
Pat Woodworth , Mary Ann Kozak , Lori Niland , William Rappel ,Elizibeth Boggess ,
Lamar Herrin , Ruth J . Mayu , Lyn Ratham , Eugene
Hartquist , Richard Moore ,
Tagliavento Joyce Moore , Ethel M . Klein , Judy
Joan Bordenet , Dorothy Daetsch , Eilen B . Wright ,
Patti Mayers , Raymond Mayo , Ra y Axtel ,
Wilson , Pauline Helfenstein Steve Schwan , Margaret
Fitzpatrick , Jeanie ' MarY Face , William & Deborah
Senno , Patty Hamilton , Roger Jump , Paul
Helfenstein .
PLEDGE OF ALLEGIE:
Supervisor Dietrich led all present in the Pledge of Allegiance
to the American flag .
Asst.-oval of the Town Board Minutes of March 12 1990 and March
21 . 1990 .
A motion was made by Councilperson Schwartz and seconded
Councilperson Marisa to approve the minutes of the March 12 , 1990
and March 21 , 1990 meetings of the Town Board .
Carried Unanimously
PRIVILEGE OF THE FLOOR :
Senior Citizen Housin
Councilperson Schwartz reported
proposal from William Frandsen that the Town has received a
senior citizen housing facility Sons in regard to building a
Frandsen was referred to the facility in the Town of Danby . Mr .
need for senior citizen housinngnby Senior Citizens to assess the
Jennin s Pond Nei hborhood Watch
Councilperson Marisa reported that the Town Board is responsive
to the concerns of the Jennings Pond Nef g hborhood
the need for increased patrols and lighting in regard to
g in the area .
Grisanzio Planned Development District
Councilperson Marisa reported that
the Final Impact Statement the Town Poard has accepted
District . He explained thatobecauseGitssayso " Pinnned Development
it does not mean that decisions have says final on the front
the Town Board has made a determination made . It means t
to all termination that this document refers
the facts and observations that have bee
all the public hearin s been collected from
Final Ipac Statement hearings the process thus far . After the
nt is distributed , the State Environmental
Duality Review Law says that there should be another
comment period where the public can rec ten ( 10 ) day
nd
has received ten ( 10 ) written responses during rho Town d
they were summarized as follows : 9 thiss
period an
Evidence used in generating the Statement of Findings
Consideration was given to the Final Environmental Impact
D' � Town Board Minutes
April 9 , 1990
- 2 -
Statement dated 03 / 21 / 90 as evidenced by the citations in the
findings below . The FEIS incorporates , by reference , the Draft
Environmental Impact Statement ( DEIS ) dated 10 / 25 / 89 , and several
other documents, and correspondence and hearing / meeting minutes .
The Town Poard has thirty ( 30 ) days after accepting the FEIS to
make a determination as to whether there are significant
detrimental environmental impacts with respect to the Grisanzio
project . If the Board is to determine there are significant
environmental impacts then the project could not be approved . If
the Board ' s findings are that there are not significant
environmental impacts then the SEOR process is over and then the
Board returns to the Zoning process for Planned Development
Districts .
The Town Board received written comments from the following
commentators during the 10 - day comment period after the FEIS was
accepted and filed on 03 / 21 / 90 .
1 . E . Eugene Hartquist
2 . Lamar Herrin
3 . Raymond 3 . Mayo
4 . Tom and Marie McDonald
5 . Richard and Joyce M . Moore
Kim M . , John C . and Ethan M . Klein
John C . and Valerie Shepardson , Sr .
6 . William J . Rappel
Elizabeth S . Boggess
7 . Jake and Irene Ruebel
8 . Albert and Rheta Shepardson
9 . John and Valerie Shepardson
10 . John and Florence B . Shepardson
Summary of Written Comments :
( The numbers following the summary indicates the commentor ( s ) in
the above list .
The development is out of character with the surrounding rural
area ( 1 , 4 , 8 )
Concern over wells and septic systems . ( 2 , 3 , 5 ( liability ) ,
6 , 7 , 8 , 9 , 10 )
This project represents too much growth / density for this area
this project enables additional ( detrimental ) growth in this
area . ( 1 , 2 , 4 , 6 , 8 , 9 )
This project does not meet the objective of the provision of low-
cost or moderate cost housing . ( 6 , 9 ) .
Need for this type of housing ( lack of availability of housing of
this type / price range ) not demonstrated , or contradicted by
observations . ( 1 , 5 ) .
Opposition to / concern over the Town accepting another new road .
( 1 , 2 , 4 , 6 , 9 , 10 )
Opposition to / concern over recreational area / pond , due to
liability , expense to Town or de - facto exclusive use by the
development . ( 1 , 4 , 5 , 6 , 9 )
FEIS underestimated traffic potential from this project , concern
over traffic . ( 9 , 10 )
Concern over fire and life safety and / or access . ( 1 , 9 )
FEIS underestimated population increase due to this project . ( 9 )
Anticipated problems due to conflict with adjacent agricultural
• } • Y,.jam � '3 ' t:*j7 ^Y 1��g [//7^'/
•
k f
3 Town Board Minutes
April 9 , 1990
activities . ( 4 , 9 )
The project is , inconsistent with comprehensive land use plans , or
sets a detrimental precedent . ( 1 , 3 , 4 , 5 , 6 )
Projects like this one should be phased . ( 2 , 4 , 6 )
The project will generate increased demands on emergency
services . ( 4 )
•
• Additional population from this project may require a new school
be built , with associated tax expenditures . ( 7 , 10 )
In the last year , only one Town resident , a housing developer ,
has spoken in favor Of this project . ( 3 )
No archeological study of the area has been done . In summer
1989 , a search of the Shepardson property a few hundred feet
north of the proposed project site turned up many Indian
artifacts . Such Objects may be lost forever if this development
is allowed to go further . ( ? )
This project would mean higher taxes . ( 7 )
The FEIS minimized environmental impacts . ( 1 )
The project represents visual pollution : the
site is v
from as far away as Connecticut Hill , and would illuminateithe
dark of night . ( 1 )
A remark labeled " Impenitent and Irrelevant " :
The name Raptor Heights didn ' t mean much to me until I
looked up " raptor " in the dictionary . A raptor- is a
bird of pi'- ey . It is from the Latin " raptus " meaning
one who seizes . Well , that fits I guess . This seems
to be another case where a developer with more money
than sensitivity " seizes " the opportunity to compel a
community to develop in a manner counter to its will . "
( 1 ) .
Members of the Public :
Paul Yiscuso 122 Heisey Rd . - addressed the Town Board in regard
to the need for motion activated lights in the Jennings Pond Area
for neighborhood security reasons .
Lamar Herrin , 41 Muzzy Rd . - addressed the Town Board in regard to
the Grisanzio Planned Development District . in
that he shares all the concerns he has heard Mr .
enlumerated a and
referred to the letter he submitted in reference to additional
goals and consideration . He is not in favor of this kind of a
development being approved and does not want to see further
growth on adjoining properties in his neighborhood ,
Elizabeth Bo ess - 66 Muzzy Road addressed the Board and stated
that she is interested in Where the Town Board stands on the
Grisanzio Development and would like some feedback from the
Board in regard to comments from the public . Ms . Bo
that she lives very close to the proposed guess said
has concern with the change in zoning Raptor Heights " and
and seems to her that g as it requires variances
and the developer is not open to any
that this housing, only will wh what they want . There also is no guarantee
said that it isa be
Bogges
a large development . ea with
William Rappel - 66 Muzzy Road addressed the Board and stated
that he is opposed to the
District and referred o " Raptor Heights " Planned Development
a his written response to the Town
qc
4 Town Board Minutes
Apr .tI 9 , 1990
Environmental Impact Statement which were studies paid for by the
developer and does not understand how thiti
this far . At proposal has gone
previous Town meetings only one resident ( a
developer ) has spoke in favor of this development - This
development does neat go along with the Comprehensive Plan that
WAS adopted by the Town Board in any way ,
cluster housing .
shape o ►' form as it is
?aymtiad __Ma.y_9 - 315 Ridgecrest Road . requested a written response
to his comments submitted to the Town Board in regard to the FEi
for the " Raptor Heights " Planned Development D .istr .ict . S
Supervisor Dietrich explained to
would be happy to meet with the neighborhoods residentsTafterr the Board
Board Meeting for comments and to answer questions about " Raptor
Heights " Planned Development District .
period to respond to the FEis is now over hand ewe ( are offering
this meeting for communication .
Lo:ri ,-Nitand - 3 Jennings Pond Road addressed the Board reported
on the Neighborhood Watch meetings and explained the activities
in their neighborhood that have caused safety concerns . The
group held a meeting with investigator Emery Guest and will
follow up on his recommendations . Increased patrols and lighting
are needed to keep the park safe .
Mary Ann k. oz, ak -- Jennings Pond Road spoke in support of a need
for more patrols at Jennings Pond .
• JgyceMoore ,,. & _Ethe_l „Kip ,n -w Muzzy Road addressed the Board and
asked how would we define a neighborhood
One of the main concerns with the Grisanzio � Development District
in the requestfof the Town to take over a pond in the development
for a park .
Eugene Hartqu.ist ___ .- 170 Muzzy Road addressed the Board and asked
how the archeology of the area will be worked into the
environmental impact procedure for " Raptor Heights " SEG1R process .
Steve Schwan - Bald Hill Road addressed the Town Board in support
of the Recreation Center / Skating Rink item on tonight ' s agenda
and stated that he would like to see some type of program
available for the Town youth .
Raymond Mayo -- 315 Ridgecrest Road said he objected to the
Skating Rink proposal .
PattiMey_ers - 1815 Danby Road addressed the Board and said she
supported the need for a Recreation Center / Skating Rink .
Pauline Hel fenstein - eundermar► Road addressed the Board and
supports the need for a recreation facility for our Town youth .
Herb _Engman -. 571 S . Danby Rd . addressed the Board in regard to
the recreation center proposal and suggested that a cost / benefit
analysis should be done . The running of a center needs to be
carefully planned out And programs at youth centers must be
subsidized .
Mary_ Pace - 1. 46B Coddi. ngton Rd . addressed the Board and supports
the skating rink proposal .
Deborah Fitzpatrick - 91 Nelson Road addressed the Board and
supports the skating rink proposal .
COMMUNICATIONS :
Cemetery Caretaker Positj,on
Due to the resignation of Mr . Edward Roberta as Cemetery
Caretaker for the Town of Danby it is necessary to appoint a
/
5 Town Board Minutes
April 9 , 1990
Caretaker for the Town of Danby it is necessary to appoint a
replacement .
Supervisor Dietrich reported that the Town received a letter from
Harry Evelien of 4 Brown Lane , Ithaca , New York , expressing
interest in the position of Cemetery Caretaker .
Earth Day Proclamation
Supervisor reported that the Town has received a proclamation
from the City of Ithaca declaring April 21st and 22nd , 1990 as
Earth Days . A copy of the ' Earth Day schedule will be available in
the Town Clerk ' s Office .
Formal Request from Community Council
Supervisor Dietrich reported that the Town has received a formal
request from Community Council to look into the possibility of a
recreation center for Danby similar to the center that was
turned down by the Town of Lansing .
Town Hall Survey
Town Historian , Susan Hautala met with the advocacy committee of
Historic Ithaca concerning the preservation of the Danby Town
Hall . The Committee recommends a survey of the Town Hall and
will have a representative contact Supervisor Dietrich as soon as
possible .
Town of Danby vs Robert D . Maycumber and Mary J . Maycumber Court
Decision
Supervisor Dietrich reported that Justice William N . Ellison
handed down his decision On March 14 , 1990 in the above matter .
The Town of Danby took the Maycumber ' s to Court and asked them to
remove their junk cars , etc . The court ruled in the Town ' s favor
and the Maycumber ' s have 120 days from the receipt of a signed
and entered Judgement to comply .
Tax Assessment Adjustment Day
Tax Assessment Adjustment Day will be held on May 9 , 1990 from 3
- 8 P . M . at the Danby Town Hall . The Tompkins County Assessor ' s
office will have a representative here to meet with the Town
Board at 2 P . M .
COMMITTEE REPORTS :
Environmental Management Council
Herb Engman reported that the Environmental Management Council
has advised the Tompkins County Board of Representatives that
there is a need for a burned tank survey in the County . There
will not be a household chemical clean - up day this year . The EMC
will hold a basic and follow - up workshop on SEOR .
Community Council
Ice Rink •
Judy Tagli_ avento reported that Community Council is interested in
pursuing the possibility of a recreation center / skating rink for
the Town of Danby .
Supervisor Dietrich reported that it is possible for the Town to
submit application to New York State for grant monies . The cost
of putting up a structure is not a primary problem but the long
term operation , maintenance , insurance , etc . that need to be
looked at. carefully . The Town has a space crunch as we do not
have a building . Supervisor Dietrich said that he would
encourage interested persons to attend Community Council to help
put together information .
Easter Eqq Hunt
The Annual Easter Egg Hunt will be held on Saturday , April 14 ,
1990 at the Finger Lakes Beagle Club at 10 : 00 A . M .
6 Town Board Minutes
April 9 , 1990
After School _Day _Care 1990- 1991
The Community Council Youth Program has rented ti
Federated Church for the next ( September at • tl � e Danby
June ]. 991. for after school year ( September 199 �:� -
schooi day care . The center will be open
every day there is school .
Coordinator / Mentor
Community Council is now interviewing for the position of
Coordinator / Mentor for the Town youth programs .
Senior Citizens_ Report
Ed Roberta reported that the Senior Citizens went on a
to Geneva , NY for a musical and dinner . The next trip willdberon
May 24 , 1990 .
Zoning
Report
_-_.__March _1990
Building permits issued in March 1990
garage , total fees collected were one
$ 193 . 00 new homes , one a )
construction value for a total
of $ 90 , 900 , 00 . Certi. fi. catee of Occupancy
issued -- five ( 5 ) . Order of Remedy Violations served -- five ( 5 ) .
Board of Zoning. Appeals Report
Area Variance Hearing .- March 13 , 1990
variance of Iacovelli on Michigan Hollow Road , Decision to grant
Dog. Control Officer Report
In March 1990 there were four ( 4 ) complaints ,
five ( 9 ) .last dogs ,
nine ( 9 ) dogs found , three p
( 3 ) impounded , three ( 3 ) redeemed by
owners , two ( 2 ) euthanized and there is one dog available for
adoption . Adoption fees of $ 30 , 00 were collected . The kennel
received a favorable response for recent improvements from the
New York State inspectors .
Planning _ Board , Report
Planning Board Chair Weitzel reported that the Planning Board
approved the H R, E Planned Development District and referred the
request to the Danby Town Board for Public Hearing and decision ,
Cable Television Committee Chair , . Steve Stein • presented a
written report of the committee ' s activities to the Planning
Board / The Committee will meet with the Town Attorney
regard to a new ACC Cable Television Franchise Agreement , Bonn in
Fire Department _Report
Fire Department Representative Pill Genter reported that the
monthly meeting of the Fire District will be held on Tuesday ,
April 10 , 1990 .
OLD BUSINESS : •
Jim Brown Bridge Bid Award
Resolution # 39 of 1990
By Council Person Schwartz : Seconded by Council person Oltz
RESOLVED , That the Danby Town Board award the contract for the
Jim Brown Bridge project to Laminated Concepts , Inc . , Elmira , New
York for their low bid of $ 24 , 201 . 40 ,
A roll call vote on the resolution resulted as follows :
Marisa Aye
Oltz Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Resolution # 40 of 1990
Authorization_ for Payment to Richard _A_ . Rust
Py Councilperson Marisa : Seconded by Councilperson Oltz
RESOLVED , That the Town Of Danby Town Board authorize the
. r +err ;pr • 4 93
7 Towri Board Minutes
April 9 , .1990.
payment of $ 3 , 500 . 00 to Richard A Rust for Design Services as per
Contract Agreement of January 1990 for Architec_ tt..tr- al. Services for
the Town . . of Danby New Highway Barns and $ 7 . 000 . 00 for
construction phase services which will be billed monthly during
the construction phase .
A roll call vote on the resolution requited as follows :
Marisa Aye
O l. tz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Town Highway Barns Bid Awards
Recommendation from Richard Rust , Architect
Supervisor Dietrich read the following letter- from Richard Rust ,
Architect for the Town Highway Parris construction .
" Dear Mr . Dietrich :
I have reviewed the bids received for the new DPW
building : for the four contracts including the
alternate for the metal. building . They all have signed
the required items and have included bid security and
appear to be in proper form .
Your decision is required as to whether you want a
wood building or a metal building . As you know Jones --
Marinich submitted a low bid of $ 249 , 801.1 for the wood
building with Ropat submitting a low bid of $ 242 , 000
for a metal building . While the metal building
alternate is $ 7 , 800 less . I recommend the wood
building as a better value .
Based on my review of the bids , I see no reason why you
should not award the contracts to the various low
bidders for the project . You must decide whether you
want a wood building or a metal building . If you have
any questions or if I can be of any assistance to you ,
please don ' t hesitate to call me . "
Discussion followed in regard to whether the Town Highway Barn
would be constructed of metal or wood .
Supervisor Dietrich gave background information on the bidding
process and the scaled down structural changes in the proposed
Town Highway Building .
Resolution # 41 of 1990
Award _ of _Town Highway Barn_ Cons,truction .Bid
By Cot_tncilperson Marisa : Seconded by Councilperson Schwartz
RESOLVED , That the Town of Danby Town Board award the contract
for the construction of the Town Highway Barns to Jones - Marini. ch ,
Inc . , 124 North Jensen Road , Vestal , New York: for their low bid
of $ 249 , 800 . 00 .
A roll call vote on the resolution resulted Sc follows :
Marisa Aye
O lt : Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
a7
9 Town Board Minutes
April 9 . 1990
Resolution # 42 of 1990
Award _ of _Town Highway_ Barn:.Electrical Contract_
By Councilperson Schwartz : Seconded by Councilperson Marisa
RESOLVED , That the , Town of Danby Town Board
award
Contract for the New Town Highway Barns to Yager Electric , Inc . ,
R . # ? Box 216 -- A . Bainbridge , NY for their- low bid of $ 49 , 900 , 00
A roll call vote on the resolution resulted as follows :
Marisa Aye
Olt - Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Resolution # 43 of 1990
Award of _Towri,,,,,,Nighwayw Barns Heating nd Ventilating
..._..tn9..._._...._,...,.._._ Contract,
fly Councilperson Oltze Seconded by Councilperson chwartz
RESOLVED , That the Danby
Ventilating Contract for the New WHighwayd Bar- nsdtoF1ek. enaPruiel. ld
Plumbing and Heating , Inc . , •*•, Y
Corning , NY for their low bid of $ 78 , 757 . 00 .
Ave . . F . O . Box 767 ,
A roll call vote on the resolution resulted as follows :
Marisa Aye
Oltz Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Resolution # 44 of 1990
Award _of„_ .Town Highway__Barns P_lumbin.9. Contract
By [: n �.u-; c 1. 1 person Marisa : Seconded
RESOLVED , That the Danby Town Board award Schwartz
Coz
for the New Highway the Plumbing Contract
Inc . y Barns to Pen Pruielly Plumbing and Heating ,
790 Woodview Ave . , F . O . Box 767 . Corning . NY for
bid of 06 , 4E32 . 00 . their low
A roll rail vote on the resolution resulted as follows :
Marisa Aye
Oltz Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
NEW BUSINESS_:
Community_Council _ Request _ for Community Building / Skating Rink
Councilperson Schwartz stated that _.._.and 'T..9._._.._.low n
Danby ' s lack: of office space and recreation and s ace in n the of
interest of the community he would , like to offer the following
resolution :
Resolution #45 of 1990
Authorize Community Council to Pursue Community Building / Skating
Rink .. ..... .._.._..._...._ _ _ . .
By Councilperson Schwartz . Seconded by Councilperson Marisa
RESOLVED , That the Danby Town Board authorize Community Council
to continue their investigation and to
recreation facility / sk: ating rink in the T' ownS11P the issue of a
Discussion followed .
079,5-
9 Town Board Minutes
April 9 , 1990
A roll r_. a11 vote on the resolution resulted as follows :
Marisa Aye
O l. t: z Aye
S chwartz hye
D ietrich Aye
Carried Unanimously
Special .__Meeting for Statement of Findings Preparation
Councilperson Marisa explained to the Town Board that there is
need for a Special Board Meeting to complete the SEClf: process for
the Statement of Findings preparation for Gr .i. sanzio Planned
Development District .
Discussion followed in regard to the SEOR process :
•
Resolution # 46 of 1990
Call for Special Board Meeting _April
.__.11 1990
By Councilperson Marisa : Seconded by Councilperson Schwartz
RESOLVED , That the Town of Denby Town Board declare a Special
Meeting on April 11 , 1990 at the Danby Town Hall , 1 . 30 Darby Road
at 5 : 00 P . M . to complete necessary preparation for the " Statement
of Findings " for Grisanzio Planned Development District .
A roll call vote on the resolution resulted as follows :
•
Marisa Aye
O lt - Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Cemetery Caretaker
Due to the resignation of Mr . Edw . Roberts as Cemetery Caretaker
for _ the Town of Denby cemeteries it is necessary to appoint anew
caretaker for this position .
Resolution # 47 of_ 1990
Ap•po_intment _of Town of Danby_ Cemetery_ Caretaker
Ely Councilperson Schwartz : Seconded by Councilperson Oltz
RESOLVED , That Harry Evelin of 4 Brown Road , R . D . # 4 , Ithaca , NY
be appointed to the position of Town of Danby Cemetery Caretaker .
This position is effective immediately .
A roll call vote on the resolution resulted as follows :
Marisa Aye
O it - Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Resolution # 48 of 1990
Approval of_ H__&_E__Machinery_ P1_anned_ De_v_elopment__Dietr .ct,
By Councilperson Schwartz : Seconded by Councilperson Marisa
RESOLVED , That the town of Danby Town Board approve the H & E
Planned Development District project as presented to the Town
Board .
A roll call vote on the resolution resulted as follows :
Marisa Aye
O lt , Aye
S chwartz Aye
•
Dietrich Aye .
Carried Unanimously
•
1 `i 1f7
02
Town Paard Minutes
April 9 , 1990
AFFROV_ _
OF WARRANTS S is , s , t; ) _�,, ,:
AL
Genera t _Fund Warrant __#4_ o f 1990
A motion was -
, made by CoUnc i i. person
Cvi.inr_ i. i. per- san Schwartz to Marisa a
1990. In the amount of $ 12 , 186 . 00e the General FundWarrant � d of
# 4 by
Highway Carried Unanimously
A . ..._ Warrant •_-#4_ o f - .1.990
A motion was made b
vf_� nr_motion
Marisa to by Counci. l person Olt -
Co of i99r:� approve the •Town and seconded by
# 4 in the amount of $ 14 , 466 . 48 . of ban by Highway Warrant
West Danb ... _• Water District *4 ,of 429q
Carried Unanimously
A motion __..
was made
rof_ir, ci. ] per son O1 made by CoUnci l person Schwar- ta.
District Warrant z to approve the Town of and seconded by
]. 990 in the amount ofr7 * 254 . 36 . nar, by Water
Approval. of Town of Carried Unanimously
-------- - ---...._____. Danby motion --. -•..-_-.__._.. _..__.-. _..._..._.._Y.._. Supervisor ' s March 1990
was made b _ _...�_.__.._..__.__.__-....._.._._......_....._ Report.
Coi_� ncilpersvn Schwartz by Councilperson Marisa _.._. .. -.
Report for March 1990 , to approve the T• owr, and seconded by
of Dant, y Supervisor ' s
A.P..proval Carried Unanimously
_ .._. of_�own of Danb ._
A motion .-..._..__..._.._.. _.Y _Town Clerk
wasmade --.-.-_.----•---___-_•- -
Co �_� nci 1 per son Marisa s ._.__arOh _,199a ___...
by Co �.tr, ci 1 persan Report
Couoct for March 199rrto 'approve Cl1t - and Town le ' s
the Town of Danby 'Yawn Clerk ' s
ADJOURNMENt OF eUgIMESg_ MEETINOa Carried Unanimously
On a motion the
adjourned business portion of
at lr_► Ua. F . M . the
Town Eroard Meeting
COMMENTS
...... _ ...._......AND.-- -.Q_.. .U... .E_.. .ST-. _Y .ON9. _-. _ F R
O......M
_ . ... THE._ _P..
UBL-I.0 - . RAPTOR HEIGHTS "O o ) Planned _ Deve10 isi
SuperSupervisor Dietrich
vn and was stated that this
to hear- comments and answer as not to
be a formal
Lamar Herrin � questions .
the " Raptor Heights " where the Town stands
Development District . legally in regard to
SuperSupervisor Dietrich
visor have answered that
or,
individuals come to he thinks that different
different conclusions and
to Wednesday , April 1. 1 , 1990 part of will the
bringing the consciousness the meeting meeting
to
now and what 9 wi 1 1 he devoted
are our optionsr� terms of where the
Yawn i• s
Lamar Herrin asked
has rest if Supervisor Dietrich
h . in b opinion , containing precisely therewith , rprecis
of units that are Y therewitr, , him of
of developing the ad _ proposed so that there precisely the
iar. �►nt property . Is no passibility
Supervisor Dietrich reported that a building permit has been
4yr
11 Town Board Minutes
April 9 , 1990
applied for a substantial house on the adjacent property .
Discussion followed in regard to cluster housing and wall - to - wall
housing .
Councilperson Marisa explained the concept of the Comprehensive
Plan and that we are re - zoning essentially in a Planned
Development District and it says if
back property that you are going to develop a
any
you
of housing to isolate ith from toneighbors uand r fromnaffectingSthe
surrounding community . g e
Joel Gagnon said that this proposed development is inconsistent
with the Comprehensive Plan and does not understand why the Town
can ' t say this is not what we are looking for and this is not
what we have been saying and we don ' t want it .
Y Councilperson Schwartz explained that the Planning Board approved
this Planned Development District and to overturn their decision` t. he
Town Board must have a majority vote of four ( 4 ) Ayes .
Chairperson of the Planning Board explained that this Planned
Development District proposal was submitted while the
Comprehensive Plan was in the draft stages .
Elizabeth Boggess asked if the Board was saying that if the
developer was not happy with the decision could he / she sue the
Town of Denby .
Frank Darrow said that the developer was saying that by turning
me down you are denying me the right to make a reasonable return
on my investments .
Discussion followed from the public in regard to the
possibility
that - further development may be planned for this area
Supervisor Dietrich responded to the issue of water supply in
the area . One of the things looked at was with the number of
units being proposed and if impact in terms of the total area ,
there was absolutely no evidence to say that it . would impact
adversely any neighboring wells . Moving from the phase that we
are in now to a Site Plan Review is a very expensive process for
the developer . It is not economically feasible to drill all 42
wells and pump them for a month to test water supply .
Joel Gagnon said that the data did not allow one to conclude that
there would not be an effect .
Bill Rappell 'said that the FEIS says with almost no measurable
effects to adjoining property .
Discussion continued in regard to the testing of wells for the
proposed development .
Supervisor Dietrich said that the question has come up that if
this project goes through it will for all practical
out the ability for that land to substantiate anythingselse
similar . to this . People and adjacent property owners have
raised the question of what happens if they want to develop
their land . He thinks that it is probably reasonable to assume
that this project would not allow another similar project to be
put into adjacent areas .
Lamar Herrin that it Seems that we would be within our rights as
reasonable people to want to go half way on this
forty - five houses is tremendous , why don ' t we appr vet of a
development of twenty - two houses . poe of a
a6tt
12 Town Board Minutes
April 9 , 1990
Councilperson Marisa said that a developer does not have to apply
for anything .
William Boggess asked if the Town Board says the developer will
sue the Town for not making a profit on this , could a group of
citizens from Danby sue the Town and would it stop this process ?
Supervisor Dietrich explained that they realize that they are
trying to represent the citizens and there are other factors that
play into this process . There are many major adjustments as our
rules and regulations are out - dated . Our community is in a
transition point and the community has changed drastically within
the last five ( 5 ) years . We now have a growth of approximately
forty - five ( 45 ) new houses decisions the
per year . One of the decisions the
Board must make on this kind of a project is to put a lot of
resources , time , and energy into fighting this , or do we want to
take the same time period and resources to put our laws together
in such a way that we have some controls over it . There is
serious work being done and serious commitments made by
individuals to make sure that this doesn ' t happen again such as
preparation of a moratorium on building .
Raymond Mayo said that he feels what the Board is saying is that
zoning fights him , a local resident , but does not fight the
outside developer .
Supervisor Dietrich said that we have the same situations with
local builders as well as other builders .
Councilperson Schwartz said that the Town drafted a Comprehensive
Plan , are working on a new Town map and writing a new zoning
ordinance to hopefully prevent this type of situation in the
future .
Discussion followed with residents stating that they feel the
project needs compromise to be scaled down with fewer housing
units and phased development .
Richard Moore said that there are now twelve ( 12 ) houses in the
area for sale within the same price range
lots available . � some with additional
will sell . He doesn ' tuwantoto seetaer houses in this
price range
of Ithaca that has remained unfinished project ctwenty - five in
( 25 ) eyears
and is a mess .
Supervisor Dietrich said that the developer wants to meet with
the Town and would like to sit down and work something out . He
also explained that the plan for this development was to be
developed as the houses were sold .
Discussion followed in regard to building a new road and the cost
to the Town .
Supervisor Dietrich pointed out that a Site Plan has not been
done at this time . The developer does not want to do a Site Plan
until the Town makes some preliminary agreements . Town
approving the FEIS , this allows them to move into Bthe the
second
stage which is basically the Site Plan .
Supervisor Dietrich addressed the
public
Board represents the whole area and the Towns has statistics Town
show that the development that we have had has helped our tax
base . If housing had not come to our town we might have had an
increase of nine or ten per cent .
Councilperson Schwartz reported that a Deputy County Assessor
told him that if you build a house along a road that is already
maintained that it generates a net profit for the Town . When you
trade a whole new infrastructure usually at best its a wash in
a97
13 Town Board Minutes
April 9 , 1990
terms of profit from taxes .
Discussion followed in regard to the density of this proposed
development and the need for sewer and water . As there is
already a problem of water in this area the residents are
concerned about the water quality and supply even without further
development .
Richie Moore said that he had received a report that a neighbor
is upset that forty - two houses may be built in this neighborhood
as he had visions of selling houses on five - acre lots and is
worried that it may hinder his process .
Councilperson Marisa pointed out that if the Town Board feels it
is significant enough that they could require another
Environmental Impact Statement .
Adjournment :
Public Information Session - adjourned at 11 : 45 P . M .
Carol W . SczeeWiski
Town Clerk