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HomeMy WebLinkAbout1990-04-30 3e7 TOWN OF DANBY TOWN BOARD MEETING Special Meeting April 30 , 1990 7 : 30 P . M . E MS ERT:. Supervisor Dietrich Councilpersons : Eckstrom , Marisa , Oltz , Schwartz OTHERS PRESENT : Town Clerk - 9cze�oanski Attorneys - David ' Tluboia. , and Mahlen Perkins • Development Representatives - George Schlect , Liz Grisanzio , Hydrologist - Bradon Foster Scott Hoffay Members of the Public : ' Arch Dotson , George E . Clarkson , Richard Moore , John Shepardson , Florence B . Shepardson , Paul Viscuso , William Rap , Gagnon , Marty Sternstein , Eugene Hartquist , LamarelHerrin , Charlotte Mayo , Raymond Mayo , Valerie Shepardson , John C . Shepardson , Sr . , Karen Casey Carr , Carol Hill , Thomas D . Hill , Elizabeth M . Klein , Joyce M . Moore Call to Order �. Supervisor Dietrich called the meeting to order at 7 : 35 P . M . and read the following letter dated April 18 , 1990 from the Town of Denby Planning Board : " Supervisor Dietrich and Denby Town Board 1830 Danby Road Ithaca , NY 14850 Dear Supervisor Dietrich and Councilpersons : In view of the Denby Town Board ' s impending decision on the Statement of Findings for the Raptor Heights Planned Development District , a . d . a . Raptor Heights Subdivision , y Liz Grisanzio , the Town of Danby Planning Board has today sdiscussed the proposal and offers the following comments . First , we regret the relative haste with which we acted upon this matter . As you no doubt know our decision was reached at the end of a meeting which lasted until nearly midnight on December 21 , 1988 . Given the lateness of the hour we should have deferred the decision until we had the opportunity thought and consideration . The developer placed intense r fethe pressure on us for a decision and it should be noted that our ote was four in favor , two opposed and one member was absent . Second , it can be said that if we had had the information now available to the Town Board , we might very well have voted differently . It is certainly true that if the vote were taken today , the outcome would have been to vote the proposal down . We hope these comments are helpful . Sincerely , The Denby Planning Board " Supervisor Dietrich stated that he would like to read into the minutes the following petition received from the neighboring community in regard to the " Raptor Heights " Subdivision proposal . The petition was submitted to the Denby Town Board on April 18 1990 and contains approximately 140 signatures . A co py of the petition is on file in the Town of Denby Clerk ' s Office . - 2 - Town Board Minutes 310 April 30 , 1990 A PETITION OPPOSING THE PROPOSED RAPTOR...HEIGHTS SUBDIVISION The proposed Raptor Heights Subdivision in the Town of Danby : 1 ) Violates , the community land use goals for preserving open space and rural characters as cited in the Town of Danby Comprehensive Plan . 2 ) Could endanger future ground water supplies of the area . 3 ) Encumbers the Town ' s taxpayers with the financial responsibility for a mile long non - linear road and small park which do not benefit the town as a whole . 4 ) Concentrates an average year ' s population growth for the Town of Danby on a single 75 - acre parcel . 5 ) Opens the door for expansion of this subdivision to its neighboring parcel which is owned by the developer ' s sister . 6 ) Sets a precedent for similar development in the Town of Danby . For these and the numerous other reasons cited in the public hearings and enumerated in the letters on file with the town , we , the undersigned citizens and taxpayers of Danby , do hereby wish to register our strong opposition to this proposed development and urge the Town Board to reject it . P Councilperson Marisa explained the SEQR process to the Board and public . The first part of the " Statement of Findings " is the data the Town Board is addressing . October 25 . 1989 - A Draft Environmental Impact Statement ( DEIS ) , a compilation of facts concerning the proposed action was published and made available for public comment . November 20 . 1989 - Public hearing was held on the D . E . I . S . The data collected from the public hearing and other - sources were collated into a Final Environmental Impact Statement ( F . E . I . S . ) March 21 . 1990 - The Town Board of the Town of Danby accepted the F . E . I . S . for the " Raptor Heights " Planned Development District Subdivision . Councilperson Eckstrom summarized the written comments from approximately twenty ( 20 ) residents responding to the F . E . I . S . for Raptor Heights Planned Development District a . k . a . Raptor Heights Subdivision . 1 ) The development is out of character with the surrounding rural area . ( 3 ) 2 ) Concern over wells and septic systems . ( 7 ) 3 ) This project represents too much growth / density for this area ; this project enables additional ( detrimental ) growth in this area . ( 6 ) 4 ) This project does not meet the objective of the provision of low - cost or moderate cost housing . ( 2 ) 5 ) The need for this type of housing ( lack of availability of housing of this type / price range ) not demonstrated , or contradicted by observations . ( 2 ) 3 Town Board Meeting April 30 , 1990 6 ) Opposition to / concern over the Town accepting another new road . ( 7 ) 7 ) Opposition to / concern over recreational area / pond , due to liability , expense to Town or de - facto exclusive use -.., by the development . ( 5 ) 8 ) FEIS underestimated traffic project , concern over traffic . potential from this ( 2 ) 9 ) Concern over fire and life safety and / or access . ( 2 ) 10 ) FEIS underestimated population increase due to this project . ( 1 ) 11 ) Anticipated problems due to conflict with adjacent agricultural activities . ( 2 ) 12 ) The project is inconsistent with comprehensive land use plans , or sets a detrimental precedent . ( 5 ) 13 ) Projects like this one should be phased . ( 3 ) 14 ) The project will generate increased demands on emergency services ( which are all volunteer ) . ( 1 ) 15 ) Additional population from this project may require a new school be built , with associated tax expenditures . ( 2 ) 16 ) In the last year , only one Town resident , a housing developer , has spoken in favor of this project . ( 3 ) 17 ) No archaeological 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 . ( 3 ) 18 ) This project would mean higher taxes . ( 1 ) 19 ) The FEIS minimized environmental impacts . ( 1 ) 20 ) The project represents visual pollution : the .site is visible from as far away as Connecticut Hill , and would illuminate the dark of night . ( 1 ) 21 ) 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 prey . 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 ) Councilperson Marisa said the data which the Town Board must consider when Making its statements are all of the issues addressed . The FEIS which references the DEIS and all of its addenda , the minutes of meetings such as the public hearing on November 20 , 1990 and correspondence the Town Board has received including correspondence - from the consultant the Town Board hired to look at the data provided by the developer . Councilperson Marisa also reported that since the FEIS was filed the Town Board has met twice to consider the various points and findings on each P3 / ;" 4 Town Board Meeting April 30 , 1990 of the points addressed in the FEIS . Councilperson Marisa read the into the minutes all of the the Town Board has considered in the " Draft Statementinof Findings " . The Town Board cites the following specific findings , facts and conclusions in support of the foregoing Certification of Findings : 1 . Based on evidence presented by the applicant ( DEIS Addenda # 4 , and results of later testing , DEIS p . 9 ) and upon review by Resource Associates , consultant for the Town , the Town Board finds that there is no definitive evidence that the proposed action would cause a significant impact upon surface water quantity . The Town Board also finds that there is no reason to suspect that a final site plan which does not cause a significant impact in the areas of erosion , flooding , leaching or drainage could not be designed . Concerns raised by anecdotal evidence of well problems , and neighbors ' concerns over the availability and quality of water supplies , could very likely be mitigated by phasing . 2 . The Town Board makes no specific findings on whether meets requirements for potable water supplies the site is suitable for sewage disposal � whether the site would have a significant impact on surface hwater the proposed use determinations are proper ) in the quality . These Health Department . The applicant Y domain of the Tompkins County reports has submitted test results and P that indicate that potable water is availably parcel , and that most areas tested a on the disposal ('DEIS Addenda # 5 , 6 ) . PPear suitable for sewage ' - rased on evidence presented b Biologist Ronald Alexander Y the applicant ( report of Field finds that , DEIS Addenda # 7 ) , the Town Board there is no evidence that the proposed action would cause a significant impact u. adverse effects on a pon a significant habitat , nor or plant . threatened or endangered species of animal 4 • Pecause there are no specific Town regulations governing the points of access to the development , nor are their local regulations or guidelines concerning de - sac leading from lot # 6 to the end lotsh# 16eand h17. the Town Board , as lead agency , must evaluate such design standards . Town Board finds that the bad design of the The negative impact on g Project would have a public safety . However , noting that neither access nor road length are unique situations , finds that the negative impact of this design may , be mitigated by a two - lane entrance with a median and / or by significantly shortening the length of the road . 5 . The objective of the a social and economic benefit of prr-o ' ecteisithetifovd public moderate cost housing in the Town of Danby . provision of in the FEIS demonstrating Y Based upon the data surrounding county in the rate Town of Danby has matched the fraction of single family home construction in othe , b ) the ma by is at or below the target unit price of the proposed of Danby based upon the common knowledge p P project ,tc iod techniques ( modular ) are not unique and commonly applied the Town , and b ) that there is no deficit of property within long existing Town roads which is zoned for and may P P o athns type of housing , the Town Board finds that the ebenefi for this project to the provision of moderate priced housing i of not significant consideration . 9 is not a X13 5 Town Board Meeting April 30 , 1990 6 . Based upon data presented in the FEIS concerning projected increases in traffic due to the project , the capacity of NYS Route 968 and based on indications from the NYS Department of Transportation , the Town Board finds that the increased traffic would not constitute a significant impact . 7 . Based on the current zoning ordinance and the Comprehensive Plan , the Town Board finds that the commercial development associated with this project ( model homes , real estate sales along NYS Rt . 96B ) would not constitute a significant impact . 9 . The Town Board finds that the proposed action creates material conflict with the community ' s current plans or goals , as officially approved and adopted . As to the following directives contained in the Town of Danby Comprehensive Plan ( DEIS Addenda # 2 ) , the Town Board makes the following specific findings : ( a ) . . . New housing should be encouraged to locate either along and near existing roads , or in small clusters on new , generally short , roads . The town Board finds that the projected development is not small , and it incorporates over a mile of twisting roads . ( b ) Areas located around such housing should be left open in order to maintain the rural character of the Town . The Town board finds that the projected development does not buffer the neighboring properties , but rather proposes a " wall - to - wall " intensive development . The project would not set an acceptable standard and precedent for future surrounding land ( c ) Additional essential considerations are protection of neighboring properties from adverse effects on water supplies , protection from other environmental impacts such as waste run - off , and protection from development incompatible with the rural character of the Town . The Town Board finds that the proposed action does not protect n eighboring properties from development incompatible with the ✓ ural character of the Town : high density , a non - linear road system , • suburban ' night lighting . ( d ) The current zoning restriction of new housing to no more than one residence for every one hundred and fifty feet of frontage along existing roads should be maintained . The Town Board finds that based on current road frontage and the present Danby Zoning Ordinance , the property may be developed w ith up to two single family homes . In the case of ' back acreage ' , appeals to the Danby Zoning Board of Appeals have , in several cases , allowed additional homes to be constructed and served with longer individual driveways . The framework outlined in the Comprehensive Plan for larger development of ' back acreage ' , includes clustering , introduction of a mix of large and small lots , set - aside buffers ( as opposed to an internal ✓ ecreational area ) , etc . ( e ) Affordable housing should be a feature of town development , and land use regulations should encourage the setting aside of a reasonable amount of space for it . Such housing should be spread throughout the Town , and not clustered in large tracts . The Town Board finds that Town housing start data , detailed in 0111 6 Town Board Meeting April 30 , 1990 the FEIS indicates that the type isiiateype of development proposed in this auder present Zoning .proceeding throughout the Town at locations under would t oualIn the judgement of the Town Board , this project of ousin y increase the opportunities for this location . housing , but would rather concentrate it into one ( f ) Danby residents preservation of open place the highest value on the to retain space . . . There is a strong largely unobstructed p desire characterizes most of Danb landscape which only radical redesign of the Town Board finds that significant reduction of proposed project and Proposed ro the number of units in the Town ' s ComprehensivoelPlantigate its conflict with the 9 . The FEIS discusses the 9 . The EIS a issue of deeding of a recreational are creation pond , to the Town . The Town Board finds that facility ,c of a recreation or Y , and the Park district to manage a facility , with the facility of maintenance and the governmental infrastructure a significant impact lto services . TIiP elimination of necessary to provide community ( " • 9 - by relocation the pond from the recreational area ( e . . by or elimination of significantly mitigates the recreational area ) maintenance impacts aofs the negative liability . main nee to this proposal . The Town supervisory s orf and the small size of the recreational rarea sand ints proposed location within a peopoational. aria densely developed are its a whole . Provides no significant benefit to the Town as 10 • The Town Board finds that the that there is a significant that action probability have a eegaoive impact on complaints concerning nearby farms , due g noise , fertilization and other neighbors activities . This impact agricultural development This pact could be mitigated by a substantial properties Y buffering any abstantial redesign of the ' such buffering would project . 11 . Notwithstanding the 11 plans to develop assertions of the developer that she has no any other property ° f the developer ' s sister in the Town of Danby , parcel immediately developer ' s she that , she and long North of Purchased a second g term appreciation and has no the proposed development for development , the Town board immediate adjacent finds that Plans for long term parcels to similar this project would open constitutes a significant development , and Comprehensive Plan impact inconsistent with that this Recognizing and long term zoning ing gTown ' s g that connection roads leading g the planning goals . g to the periphery of the parcel were suggested by the Town Town Board finds that , at of Danby Planning Town roads and that , at minimum , the removal Board , the the periphery of the parcel g ( re the road system awa these Project ) would mitigate this impact . substantive redesign from 12 . Impact on local community services The findings of a stud The review by y developed by Councilperson Dean that twis y a joint n Eckstteeand project and Would have and no demonstrable effect on local Tam Rates if the Bevel This study indicated demand for services could grow roughly district was fully develped as proposed . the game Proportion P posed . tthere would to tax revenues . The study ghly in ewe w be no extraordinary such assumed that sewers only Y t' . penditures such as municipal watercor , and no y incremental growth the demand for maintenance . highway improvements community other than routine Rased on information supplied by the Ithaca City School District 7 Town Board Meeting April 30 , 1990 ( DEIS Addenda # 9 ) , the Town Board finds that this project would not have a significant impart on educational facilities . 13 . The general issue of visual resources of the site is a new topic cited in a written comment after the acceptance of the FEIS . Since this topic was not raised during the SEOR process , and therefore not studied b mke a specific by the Town Board , the Board does not pecific finding on whether the possible loss of visual resources constitutes a significant environmental impact . [ The comment was , in summary : The project represents visual pollution : visible from as far away as Connecticut Hill , and date is illuminate the dark of night . ( 1 ) ] would Concern about additional night lighting was raised in the FEIS . The Town Board finds that this is an issue which , if the proposed action amending the Zoning Ordinance were to be approved by the Town Board , might be adequately addressed in final site plan review . Specific lighting requirements would be enumerated in development district regulations and embodied in Zoning Ordinance amendments . 14 . The issue of the archaeological significance of the site is a new topic cited in a written comment after the acceptance of the FEIS . Since this topic was not raised during the SEOR process , and therefore not studied by the Town Board , the Board does not make a specific finding on whether the possible artifacts constitutes a significant environmental impact . losThis of issue must be resolved before any significant development is undertaken . 15 . The Town Board finds that the concentration of end projection of sharply increased population to this development is a significant impact . If the rate due completed in the projected 5 p project were attract more residents than the entire Town would the project reject would attract , based on the average expected to CCounty for the past decade . g population growth in the Town and oune oars , If the project was completed in years , the developer ' s most optimistic estimate , this project alone would double the Town ' s growth rate during those years . This concentration of population would markedly change the rural character of the surrounding area . The Town Board finds that such concentration of growth rate are inconsistent with the p °Town 's °Comprehensive accelerate and long term zoning and planning goals . 16 . The Town Board finds that the density restrictions in the Danby Zoning Ordinance posngia dense non - linear road System . g Y proposing a contained in the Town ' s Zonin Ordinanceosp fifyttha rfrontagenis along a ;< istin g specify that frontage is g roads . Existing Town roads are generally interconnecting and straight , with a wide spacing between roads consistent with histdric and present agricultural activity . Extensions to the Town road networks should possess similar character as existing roads . designed to The proposed road network is be non - linear , without providing road interconnection , while also not adjoining roads under Town maintenance . The proposed road maximizes the length of road that must be maintained and overall implies a density that is inconsistent with the Town ' s Comprehensive Plan and long term zoning and planning goals . " Comments from the Public : Raymond Mayo - 335 Ridgecrest Road the archeological findings were on this propertye Town Board what Councilperson Marisa responded that basically its a new point that was raised and the Town Board does not have enough • / e 8 Town Board Meeting April 30 , 1990 information to make a specific finding feels that the issue has to be resolved before development Town Boars undertaken , development fs John Shepardson John hep r 90 Muzzy Road -- said he had a difficult time answer to the findingstwilltbeof Findings " and asked what the C ^unr- ilperson Schwartz explained raised and the Town Board looked ath several rissues and and that the Board found specific Points and . all of these findings odP ific findings and in others they areas not . have a bearing on tBoy did ultimate decision . g the Town Board ' s Councilper- son Marisa explained that so far the summary here has addressed point by point all of the the in the FFIS . There was a list of things Bard concerns and this draft says some of these that were identified as are concerns and same of them the Board efindsiare not Board oncernsnds Supervisor Dietrich responded that for instance concerns . increased population would be significant and would require of school , The Town Board looked at district The their that and talked with the new increase plans . The school district school was well within their t felt that the that material the Parameters for growth , Bas „ Town Board made a finding d jest itself would not significantly 9 that the itself would school sisnific y impact the Project Also question cr over traffic on Route 95B was looked at . T the concern of increased New York State Department he Town Board contacted the New YoT felt that t of Transportation and found that impact on the traffic . Supervisop Dietri h would a .fso �e make a the of the impact significant im act on well water was an issue ported that the concern and the Board felt that the tests and resources was in appear to indicate that the water is sufficient , a In Joel Gagnon - Route 34 / 91 West Danb Y - asked when the Town Board would vote on the " Statement of Findings " , Supervisor Dietrich responded that after there are no more the comment thereil a questions or comments from the period if P - r = on Marisa will. declare the Towns general public of Findings , From that Statement declaration whether document the Town Board will make their to accept or reject the their j project . John Shepardson - 318 aidgetrest Road him that the Town Beard said - said that it the wa there would not be a sounded to water . problem with Councfiperson Marisa responded that based on submitted by the developers and the data that wa he data that was Town ' s special consultants that review kind d comments from P that kind by the and Tom kins County Health , the Town Board fo undathat there was no scientific data that the indicate that there would be Y could uncover which would quantity on the site . a Problem with sufficient water Mr . Shepardson stated problem because e there are at least six ( 6 ) would be a water wells in the area that are only this year getting sulphur water . Councilpersan Marisa responded that issuer here in regard there were two different other with quality9 to water , one to do with quantity and the Supervisor Dietrich reported that the Tompkins County Health Department felt that there Was Y lth Board went as far as they sufficient water and the Town Board went y could go in terms of looking into the Y of water . If there were other projects in the 3/7 9 Town Board Meeting April 30 , 1990 immediate area it would possibly require public water . Supervisor Eck: strom stated that while the Town Board could not find any scientific way to quantify the water availability there are non - scientific approaches like project phasing that could assure water quality throughout the whole development which has not been proposed . Marty Sternstein - 177 Muzzy Road - reported that he has been to all the PTA meetings when they were planning the additions to South Hill School when they were bulging at the seams and slowly going up to three grades per class . He further reported that with the projected increases at South Hill the school is barely going to be big enough without further additional classrooms . Counciiperson Eckstrom explained that the Ithaca City Schools felt that the . increases froth this project would be within the projected normal growth for this area . Karen Casey Carr - 1432 Danby Road - reported that it was necessary to put two filters on their water system recently due to the deteriation of the quality of their water supply . Richard Moore - 125 Muzzy . Road - reported that within the last year his water quality has also deterfated ( he has lived at 125 Muzzy Road for more than 40 years ) and does not know why . Ray Mayo - 335 Ridgecrest Road - said he addressed the statement in the FEIS by a Mr . Foster saying the only way that number of wells could be drilled without affecting the neighbors water supply was to drill for the deep bed rock water and to stay away from the shallower supplies . He said that this was not addressed from either the developer or the Town Board . Supervisor Dietrich explained that the Town Board ' s understanding was that some wells were going to be in bed rock and some wells were not . It was going to be the combination of the two that was projected . The test wells certainly indicated that some of the test wells were deep and some were not so deep . wells was also looked into by Resource Associates Tandctheyrcame of to the conclusion that there would be 4 sufficient water supply . Mr . George Schlect responded that he thinks that the developer would be very pleased if it turns out that all the wells were in the gravel layer that was found just above the bed rock as that proved to be quite a large volume of water and high flows and is in a different geological formation from the neighbors . Discussion followed in regard to how to filter out minerals in hard water and the systems available . George Clarkson - 650 Nelson Road - addressed the Town Board and said he lives in Danby because of the rural character and his view is all the way to Connecticut Hill . He also said that he is not anxious to see the City move in between and the traffic from the development on King Road area is a mess . deeply concerned about water supply He said he is water and when you concentrate people Y ousmultiplis the ro lem . Mr . Clarkson also said that hep p y multiply the problem . thinks that Danby ' s Town Board is going to have a real stroke of character and stand up against • this sort of thing and say we don ' t want it , we are not going to have it and we are going to continue with a kind of reasonable goal for Danby . George Schlect said that he is dismayed by the action by the Town Board . For the last year and one half to two yeart he has very hard - and diligently to supply the Town with cooperativeodata and responded to many requests for extensions . six to eight weeks , the most crucial time , he feels Within six the last that he has j ' if 10 Town Board Meeting April 30 , 1990 been shut out of the Process . He - = sues surrounding the said substantively he sees the and he question whether this requires new zoning wants to make it clear to the public that the facts have been misstated . These are proposed single family housing units and a. re allowed by • ndn e required y zoning , the lot sizes are 30 re _ uir- ed by zoning , he / to 50 % larger than zoning requires . The average frontage is 5r7 -/, larger than the lots were made larger to address some concerns that we have heard here tonight . He said he understands what the Town is wrestling with and the proper way for the Town to address that zoning appropriately so that the whole Town can full amend the He further- stated that the Y get involved , He inappropriate way to do it is by petitions of a small number of the Town in an attempt to really change the law withvtrt due Torn change feels process of change . He thinks when a Town rights eels by it can deprive legal . He has not one citizen to respond to the technical questions that have been arraisedctonight . Ed Roberts - Bald Hill Road - responded that he was fortunate on the water situation in his area , Federated Church and caretaker of As he Town rHall eheof the edn on the water problems in the a commented on have ato rea and reported that the water levels Aped twenty to twenty - five feet . it is time that the Town looked into bringing flmu thinks that maybe Town . 9 g nicial water into John Strepardsvn - 318 Rid A statement in regard to citizensctrying sRoad - commented on the by Petition that he thinks there to change the zoning laws to get the is one developer that is trying zoning laws amended to suit themselves , Eugene Har - tquist -- 170 Huzzy Road - commented on the of citizens trying to change the zoning laws by petition .statement ks he recognizes that " Raptor Hei hts " Y le it thinks zoning law g tries to live within the provided the Town accepts its roads but I think also the findings address the Comprehensive Plan more than • Laws . He supports the Comprehensive Plan a the Zf th Town stays with this plan and outline therend would hope that the George Schlect re ever sponded that he would say that citizens have Y right to petition the Town to change the Zonin to comply with the Comprehensive 9 Ordinance Plan hut is not law but a plan upon the Comprehensive Plan not bee pon which laws are made . The laws have n made yet . He also thinks diffcer- s from this delineates where he what the public is saying . Pill Rzppal .l - 66 Huzz project y Road - asked Mr . Schlect that if the complies with the zoning regulations why is it necessary to ask: for a variance . Attorney Dubow explained that the is Denby Zoning Ordinance a Planned Development tDistrict ewhicher the application to the Town to amend the Zoning Laws . The proposal an l complies with respect to in fact it complies in the se P posit is an application made sense that it He i pursuant to a section of the . Zoning Law . explained the process required for Development . Residential use is A - a Planned Zoning Law provides that e minimum permitted e that area where our existing road g - of .t 50 is required . He further explained ft , on an proposal is an application to the Town Board to amended that this Law by approval of a Planned Development District . the Mr . ZDubow stated that People need to Dubow residential use understand the distinction that a on that property is - tted residential development of 40 odd lots is noterpermit . however the Town Board approves that project in the form of an amendifient to the Zoning Ordinance . Mr . Rappel said that his point is that he believe has asked the Town . Board to amend the s the developer Zoning Laws and 140 Denby 11 Town Board Meeting_ April 30 . 1990 residents have asked them not to amend the Zoning Laws . Paul Visucso - Heisey Road - said he would like to point out that people would not be spread across the Town of Danby but would be concentrated in a srhall area and it is a significant increase in population to a neighborhood . Councilperson Marisa asked the Town Board if there were any changes they wished to make in the " Draft Statement of Findings " . Attorney Dubow pointed out to the Town Board that Section 617 . 9 of the SEOR Rules and Regulations deal with decision making and basically provides that to approve a project or to disapprove a project they must make certain findings ( certain conclusions ) . Mr . Dubow said It might be helpful to read those findings with respect to approval or disapproval . He also pointed out to the Town Board that if they were to approve a particular project they must make findings as follows : 1 ) The requirements of 6 NYCRR Part 617 have been met ; 2 ) Consistent with the social , economic and other essential considerations from among the reasonable alternatives thereto , the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable , including the effect exposed found in the Environmental Impact Statement ; and 3 ) Consistent with social , economic and other essential considerations , to the maximum extent practicable , adverse environmental effects revealed in the Environmental Impact Statement process will be minimized or avoided by incorporating a petition decision that those mitigation measures which were identified as practicable or doesn ' t apply to this particular project . Your certification of findings if you were to deny the project have to be as follows : • 1 ) The requirements of 6 NYCRR Part 617 have not been met ; • 2 ) Consistent with the social , economic and other e ssential considerations from among the reasonable alternatives thereto , the action denied is one which fails to adequately minimize or avoid adverse e nvironmental effects to the maximum extent practicable ; and 3 ) Consistent with social , economic and other essential considerations , to the maximum extent practicable , adverse environmental effects revealed in the e nvironmental impact statement process cannot be adequately minimized or avoided by the mitigation measures identified as practicable or the finding doesn ' t Apply to this type of project . Attorney Dubow instructed the Board to determine whether they can make the findings associated with approving the project basically • that all the various issues that have been discussed lead to the conclusion that any and all of the environmental impact areas of the mitigated or avoided to the maximum extent practicable or to the fact they haven ' t . If you determine that all of these areas have been mitigated or avoided to the maximum extent practicable then you are permitted to approve the project . If you determine that all of these various issues have not been mitigated or avoided to a maximum extent practicable , then you would be required to deny the project . • 12 Town Poard Meeting April 30 , 1990 Motion to Make a Findin Development Disct to Reny " Rapto_Neiohts " Planned The following b g motion was made by Councilperson Marisa Y Councilperson Schwartz to make a finding the " Raptor Heights " Planned Development District conditioned fact that 9 to deny the the SEDR has not been fully met , on the to adequately minimize the ' that the project fails Town Poard adverse environmental Town rd cannot adequately identify mpact and the viewed as practicable . Sufficient mitigating Councilpersons Oltz and Marisa and Supervisor to deny the project . Dietrich concurred Supervisor Dietrich addressed the publd been a very difficult decision for theiTowndoftpa b that this has nby Poard . Councilperson Eckstrom read the following statement : Summary : Certification of Findings to Deny Having considered the Draft Statements , and having nd Final environmental St tome t g considered the evidence , Impact set forth below written facts and requirements of and relied upon to 6 NYCRR 617 . 9 , this meet the certifies that : Statement of Findings 1 . The requirements of 6 NYCRR Part 617 have not been met ; 2 . Consistent With the social considerations economic and other essential from among the reasonable thereto , the action denied is one which fails alternatives minimize or avoid adverse to adequately maximum extent practicab environmental effects to the le ; and 3 , Consistent with social considerations , , economic and other consideration effects the Maximum extent essential is revealed in practicable , adverse statement process the environmental impact by the mitigation be � _ a or avoided practicable ; and Councilperson Eckstrvrn stated t would move the followin that based on the above summary he g r- esolt_ttion : Resolution ft 52 of 1990 ResplutionBetiardins Ereviron for the A . . licatfon mental [lualit Review Requirements for t al of to the Tuw of Danb A Planned Development District Submitted ~ b ' ~ for BYiCaunci 1 peASaniEckstrom : - -- rLMs__ . Liz Seconded by Councilperson Marisa RESOLUTION DATED APRIL 30 , 1990 RESOLUTION REGARDING ENVIRONMENTAL DUALITY TY REVIEW FOR THE APPLICATION DANDY RETOWN " fEN R APPROVAL OF A PLANNED DEVELOPMENT GRISANZIO ( " APPLICANT " ) ( T! " TOWN FOR SUBMITTED BY MS . LIZ WHEREAS , Applicant has submitted to the Town an appl a Planned Development District for a site proposed to consist for of approximately 45 Lots on Approximately 72 acres located in the to consi Town ( the " proposed action " ) ; and WHEREAS , the Town has designated itself purposes of the environmental review of the rs Lead Agency for proposed action ; and as WHEREAS , the Town has • after completion and review of the 13 Town Board Meeting April 30 . 1990 required Environmental Assessment Form Declaration - Notice of Intent to Prepare " EaF11 ) ' filed a Positive n l Impact Statement ( " DEIS " ) / Determination of Significance ;Environmental and WHEREAS , the Applitant has submitted a Draft EIS as required ; and WHEREAS , the Town Board , as the reviewed the designated Lead Agency , has revewed Applicant ' s DEIS and determined that it is the satisfactory with respect to its scope , content and adequacy for Purpose of commencing public review ; and WHEREAS , a Public Hearin g on the on November 20 DEIS was held at the Town Hall 1999 , at which time all members of the public wishing to speak were given the opportunity to do so ; and WHEREAS , the ' designated filing of the A public comment period following the the pplicant ' s DEIS has expired and the Town Board , as designated Lead Agency , has commenced ;) required Final Environmental Impact Statement ( "" FEIS " n of the '� and WHEREAS , the Town Board , as the designated Lead Agency , received 'extensive public comment necessitating full and p per response as part of the preparation of the FEIS ; and Proper WHEREAS , the Town Board has undertaken the review of the FEIS submitted by the A proposed thereafter Applicant on February 13 , 1990 , and determined that substantial modifications and additions were necessary thereto ; and WHEREAS , the Town Board has substantially revised the proposed FEIS , and in such revised form , approved it and authorized its filing as required by Law ; and WHEREAS , the Town Board has received following the filing of the FEIS ; and additional public comment WHEREAS , the Town Board has considered all of the information materials associated with its environmental review of and proposed action , including , but not limited to , of the as well as all public comments received by twn Boar and FEIS y the Town Board ; and WHEREAS , the Town Board has WHEREAS , the also considered , reviewed and Development e rit criteria required for approving a Planned Ordinance , including , and thereby amending the Town Zoning g , but not limited to , the nature of the proposed use , the need for the proposed use and the location , the intensity of the operations included proposed of the site with respect to access from existing and future streets , , the location and the effects of the proposed use on adjacent property ; and WHEREAS , the Town Board has uae Development District amendment the ted the context of the most recently adopted Comprehensive Plan for the Town ; and WHEREAS , the Town Board has completed its review of the action and is prepared to proposed decision as to whether to disc issue its Findings and render its decision lion disapprove the proposed action or amend Zoning Ordinance so as to establish boundaries of the proposed Planned Development District ; and WHEREAS , the Danb WHEREAS , the Town Planning Board , notwithstanding its submitted to the Town approve rolettere proposed action , has setting Forth a current expression of dated position ,19 , hick position as currently stated is its position , which action in its present form ; and not to approve the proposed ; A 14 Town hoard Meeting April 30 . 1990 WHEREAS , the Town Board disapproval , pursuant to Town has received a Petition Planned Development District as roposed sed Law Section 265 , of the propo Ordinance ; an amendment to the Town Zoning NOW THEREFORE , IT IS HEREBY RESOLVED , that the Town Board of of Danby , Y . pursuant the Town adopts the Findings NYCRR Part 617 , Section 617 . 9 as Lead Statement for the hereby ( i ) proposed project Statement " ) , incorporated herein in the form attached hereto and ) . and ( ft ) authorizes the ( the " Findings Statement as required ; and it is further filin9 of the Findings RESOLVED , that ( i ) based Rased ED , that t full , upon the Findings Statement Proposed , thorough and comprehensive review and ( ii ) proposed project in accordance [ State the with Article ronmtal Conservation Quality Review Act ( " SEC17 , of the Environmental Law and 6 NYCRR Part 617 ' and ( iii ) having from the Town Planning , the written 9taion into consideration all public comment frtmtj. on opposing g Board dated communication nposing the proposed action April 18 , to o90 and the B and ( iv ) having submitted Board , oardiate g taken into consideration all tfactors d with rezoning and Development District , including those property r the form of a Planned with Article g thos provided for With Ordinance , VI , Section 604 of the in Danby Zoning the Town Board hereby Town of Danby Zoning as a Planned Development District amendment the Zoning proposed action g Ordinance , nt to the Town of Denby A roll call vote on the resolution resulted as follows : Eckstrom Marisa Aye Aye 01tz Schwartz Aye Dietrich Aye Aye ADJOURN Carried unanimously On a motion the meeting adjourned at 9 : 50 P . M . /faj Carol W . Sce. anski Town Clerk J 3 Town of Danby T Tompkins County - Newyork Statement of Findings Adopted April 30, 1990 Project Title : Raptor Heights Planned Development District a. k . a. Raptor Heights Subdivision Location: Town of Danby County of Tompkins State of Nov York Lead Agency which prepared this statement: Town Board Town of Danby 1830 Danby Road Ithaca; flew York 14850 Contact: Frederic W. Dietrich, Supervisor (607 ) 277-4788 D E IS Accepted : 10!25!89 FEIS Accepted : 03/21 /90 "/ Summary: Certification of Findings to Deny Having conridered the Draft and Final Environmental Impact Statements, and having considered the evidence, written facts and conclusions set forth below and relied upon to meet the requirements of 6 NYCRR 617 . 9, this Statement of Findings certifies drat: 1 . The requirements of 6 NYCRR Part 617 have not been met; 2 . Consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action denied is one which fails to adequately minimize or avoid adverse environmental effects to the maximum extent practicable; and 3 . Consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process cannot be adequately minimized or avoided by the mitigation measures identified as practicable. Evidence used in generating the Statement of Findings Application for the proposed action has been made to the Tovn Board of the Town of Danby pursuant to Article VI . Section 604 of the Town of Danby, Nev York, Zoning Ordinance . Specifically, the proposed action, if approved, would constitute a Planned Development District. In addition, any such approval of the proposed action would, following such Tovn Board action, be implemented in accordance with section 601 . 2 of the Tovn of Danby Zoning Ordinance as an amendment to such Ordinance . The Danby Tovn Board, as the designated agency for approving or disapproving the proposed action, and in its capacity as Lead Agency under Article 81 State Environmental Quality Review Act ( SEQRA )] of the Environmental Conservation Law and 6 NYCRR Part 617, evaluated all the required materials and information at its disposal, and considered the various criteria set forth in Section 604 . 2 of the Danb y Tovn Zoning Ordinance, including the nature of the proposed tie, the need for the proposed use and proposed location, the intensity of the operations included, the location of the site with respect to access from existing and future streets, and the effects of the proposed use on adjacent property. The Town Board has further reviewed appropriate information, materials, public comments and other factors consistent with the process of approving or disapproving the proposed Planned Development District amendment to the Town Zoning Ordinance . Consideration was given to the Final Environmental Impact Statement dated 03/21 /90, as evidenced by the citations in the findings below . The FEIS incorporates, Ao , 4 . •_ 0.-:#0(t.pg4 • 3a 5' by reference, the Draft Environmental Impact Statement (DEIS ) dated 10/25/ 89, and several other documents and correspondence and hearing/meeting minutes . Consideration vas also given to written comments received from the following calumniators during the 10-day Coniment period after the F E IS vas accepted and filed on 03/21190 : 1 . E . Eugene Hartquist 2 . Lamar Herrin 3 . Raymond J. Mayo 4 . Torn and Marie McDonald 5 . Richard Moore Joyce M . Moore Kim M . Klein John C . Klein Ethan M Klein John C Shepardson, Sr . Valerie Shepardson 6 . William J. Rappel Elizabeth S . Boggest 7 . Jake and Irene Ruehel 8 . Albert and Rheta Shepardson 9 . John and Valerie Shepardson 10 . John Shepardson Floretre B . Shepardson Summary of Written Comments The numben•folio tiry thei attriznitry inefthttes the ntenttforli)la the now hit The development is out of character with the surrounding rural area ( 1 , 4, 8 ) Concern over veils 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 (detrittental ) growth in this area. ( 1 , 2, 4, 6, 8, 9 ) This project does not meet the objective of the provision of by-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 centradicted by ob§ervations. ( 1 , 5 ) Opposition to / concern oVer the Town accepting another new road . ( I , 2, 4, 6, 9, 10 ) . . 321 Opposition to/ concern over recreational area/pond , due to liability, expense to Town or de-facto exclusive use by the development. ( l , 1, 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 activities . (4, 9 ) The project is inconsistent with comprehensive land use plans, or sets a detrimental precedent. ( l , 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 . ( 3) This project would mean higher tapes. (7) The FEIS minimized environmental impacts . ( 1 ) The project represents visual pollution: the site is visible from as far away as Connecticut Hill, and would illuminate the dark of night. ( I ) .Sn, iIC,1t A remark labeled " Impertinent 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 prey. 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 7 in a manner counter to its will . " ( 1 ) 3 ? 1 The Tovn Board makes the following findings : 1 . Based on evidence presented by the applicant (DEIS Addenda S 4, and results of later testing, DEIS p . 9 )and upon reviev by Resource Associates, consultant for the Tovn, the Tovn Board finds that there is no definitive evidence that the proposed action would cause a significant impact upon surface vater quantity. The Tovn Board also finds that there is no reason to suspect that a final site plan vhich does not cage a significant impact in the areas of erosion, flooding, leaching or drainage could not be designed . Concerns raised by anecdotal evidence of veil problems, and neighbors ' concerns over the availability and quality of vater supplies, could very likely be mitigated by phasing. 2 . The Town Board makes no specific findings on whether the site meets requirements for potable water supplies, whetter the site is suitable for sevage disposal, or whether the proposed use 'would have a significant impact on surface vater quality. These determinations are properly in the domain of the Tompkins County Health Department. The applicant has submitted test results and reports that indicate that potable vater is available on the parcel, and that most areas tested appear suitable for sewage disposal (DEIS Addendas 15, 6 ) . 3 . Based on evidence presented by the applicant (report of Field Biologist Ronald Alexander, DEIS Addenda #7 ), the Town Board finds that there is no evidence that the proposed action vould cause a significant impact upon a significant habitat, nor adverse effects on a threatened or endangered species of animal or plant. 4 . Because there are no specific Town regulations governing the number of points of access to the development, nor are there local regulations or guidelines concerning the length of the cul-de-sac leading from lot S6 to the end lots 116 and 17, the Town Board, as IS agency, must evaluate such design standards . The Town Board finds that the bad design of the project vould have a negative impact on public safety. However, the Tovn Board, noting that neither access nor road length are unique situations, finds that the negative impact of this design may be mitigated by a two-lane entrance vith a median and/or by significantly shortening the length of the road . 5 . The objective of the applicant and the identified public social and economic benefit of this project is the provision of moderate cost housing in the Tovn of Danby. Based upon the data in the FEIS demonstrating a) the Town of Danby has matched the surrounding county in the rate of population growth, b ) the major fraction of single family home construction in the Town of Danby is at or below the target unit price of the proposed project, and based upon the common knowledge that 34 a) the construction techniques (modular ) are not unique and commonly applied within the Town, and b ) that there is no deficit of property along existing Tovn roads which is zoned for and may be used for this type of housing, the Town Board finds that the benefit of this project to the provision of moderate priced housing is not a significant consideration. 6 . Based upon data presented in the FEIS concerning projected increases in traffic due to the project, the capacity of NYS Route 96B and based on indications from the NYS Department 61 Transportation, the Town Board finds that the increased traffic could not constitute a significant impact. 7 . Based on the current zoning ordinance and the Comprehensive Plan, the Town Board finds that the Commercial development associated with this project (model homes, real estate sales along NYS Rt. 96B ) would not constitute a significant impact. 8 . The Town Board finds that the proposed action creates a material conflict with the community' s current plans or goals, as officially approved and adopted . As to the following directives contained in the Town of Danby Comprehensive Plan (DEIS Addenda S 2), the Town Board makes the following specific findings : : (a) . . . New housing should be encouraged to locate either along and near existing roads, or in small clustets on new, generally short, roads . The Town Board finals that the projected development is not small, and it incorporates over a mile of twisting roads . (b ) Areas located around such housing should be left open in order to maintain the rural chanter of the Town. The Town Board finds that the projected development does not buffer the neighboring properties, but rather proposes a " vall-to-wall " intensive development. The project could not set an acceptable standard and precedent for future surrounding land use . (c ) Additional essential considerations are protection of neighboring properties from adverse effects on water supplies, protection from other environmental impacts such as waste run-off, and protection from development incompatible with the rural character of the Town. 3D The Town Board finds that the proposed action does not protect neighboring properties from development incompatible with the rural character of the Town: high density, a non-linear road system, 'suburban' night lighting. (d ) The current zoning restriction of new housing to no more than ore residence for every one hundred and fifty feet of frontage along existing roads should be maintained . The Tovn Board finds that based on current road frontage and the present Danby Zoning Ordinance, the property may be developed with up to two single family homes . In the case of ' back acreage ', appeals to the Danby Zoning Board of Appeals have, in several cases, allowed additional homes to be constructed and served with longer individual driveways . The framework outlined in the Comprehensive Plan for Larger development of ' back acreage' , includes clustering, introduction of a mix of large and small lots, set-aside buffers (as opposed to an internal recreational area), etc . (e ) Affordable honing should be a feature of Town development, and land use regulations should encourage the setting aside of a reasonable amount of space for it. Such housing should be spread throughout the Town, and not clustered in large tracts. The Town Board finds that Town housing start data, detailed in the FEIS, indicates that the type of development proposed in this action is proceeding throughout the Town at locations permitted under present Zoning. In the judgement of the Tovn Board, this project would not actually increase the opportunities for this type of housing, but could rather concentrate it into one location. (f) Danby residents place the highest value on the preservation of open space . . . There is a strong desire to retain the largely unobstructed landscape which characterizes most of Danby. The Town Board finds that only radical redesign of the proposed project and significant reduction of the number of units in the proposed project would mitigate its conflict with the Town's Comprehensive Plan. 9. The FEIS discusses tie issue of deeding of a recreational area, including a p and to the Town. The Town Board finds that the creation of a recreation or park district to manage a facility, and the expense of maintenance and liability associated with the facility constitutes a significant impact to the governmental infrastructure necessary to provide community services . The elimination of the pond from the recreational area (e. g. , by relocation or elimination of the recreational area) significantly mitigates the negative liability, supervisory and maintenance impacts of this proposal . The Town Board also finds that due to the small size of the recreational area and its ' 3 ■ proposed location within a densely developed area, the recreational area provides no significant benefit to the Town as a whole. 10 . The Town Board finds that there is a significant probability that the proposed action will have a negative impact on agricultural activities on nearby farms, due to new neighbors complaints concerning noise, fertilization and other agricultural activities . This impact could be mitigated by buffering any development from adjacent properties ; such buffering would require a substantial redesign of the project. . _ 11 . Notwithstanding the assertions of the developer that.Ie has no plans to develop any other property in the Town of Danby, and that of the developer ' s sister thatihe purchased a second parcel immediately to the North of the proposed development for long term appreciation and has no imrnediate plans for long term development, the Town Board finds that this project would open adjacent parcels to similar development, and that this constitutes a significant impact inconsistent with the Town' s Comprehensive Plan and long-term zoning and planning goals . Recognizing that connection roads leading to the periphery of the parcel were suggested by the Town of Danby Planning Board, the Town Board finds that, at minimum, the removal of these connection roads and rearrangement of the road system away from the periphery of the parcel (requiring a substantive redesign of the project) would mitigate this impact. 12 . Impact on local community services The findings of a study developed by Councilperson Dean Eckstrom and subsequent reviet by a joint Planning and Tovn Board Committee indicates that this project would have no demonstrable effect on local Tat gates if the development district vas fully developed as proposed . This study indicated demand for services could grow roughly in the same proportion to tax revenues . The study also assumed that there would be no extraordinary expenditures such as municipal water or sever, only incremental growth in the demand for community services, Si no highway improvements other than routine maintenance . Based on information supplied by the Ithaca City School District (DEIS Addenda 19 ), the Tovn Board finds that this project would not have a significant impact on educational facilities . 13 . The general issue of visual resources of the site is a new topic cited in a written comment after the acceptance of the FEIS . Since this topic vas not raised during the SEQR process, and therefore not studied by the Tovn Board, the Board does not • - J ' 332 make a specific finding on whether the possible loss of visual resources constitutes a significant environmental impact. [ The comment vas, in sumrrmry: The project represents visual pollution: the site is visible from as far away as Connecticut Hill, and would illuminate the dark of night. ( 1 ) ) Concern about additional night lighting was raised in the FEIS . The Town Board finds that this is an issue which if the proposed action amending the Zoning Ordinance were to be approved by the Town Board, might be adequately addressed in final site plan review . Specific lighting requirement would be enumerated in development • district regulations and embodied in Zoning Ordinance amendments . • 14 . The issue of the archeological significance of the site. is a new topic cited in a written comment after the acceptance of the FEIS . Since this topic vas not raised _ during the SEQR process, and therefore not studied by the Town Board, the Board does not make a specific finding on whether the possible loss of artifacts constitutes a significant environmental impact. This issue must be resolved before any significant development is undertaken. 15 . The Town Board finds that the concentration of population and projection of sharply increased population growth rate clue to this development is a significant impact. If the project were completed in the projected 5 year period, the project would attract more residents than the entire Town would be expected to attract, based on the average population growth in the Town and County for the past decade . If the • project was completed in three years, the developer's most optimistic estimate, this project alone would double the Town' s growth rate during those years . This concentration of population would markedly change the rural character of the surrounding area. The Town Board finds that such concentration of population and • accelerated growth rate are inconsistent with the Town's Comprehensive Plan and long term zoning and planning goals. 16 . The Town Board finds that the project circumvents implicit dimity restrictions in the Danby Zoning Ordinance by proposing a dense non-linear road system. The road frontage requirements contained in the Town's Zoning Ordinance specify that frontage is along existing roads . Existing Town roads are generally intetconnecting and straight, with a wide spacing between roads consistent with historic and present agricultural activity. Extensions to the Town road networks should possess similar character as existing roads . The proposed road network is designed to be non-linear, without providing road interconnection, while also not adjoining roads under Town maintenance. The proposed road maximizes the length of road that must be maintained and overall implies a density that is inconsistent with the Town's Comprehensive Plan and long term zoning and planning goals