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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