HomeMy WebLinkAbout1990-12-27 1 Town Board M_inutes_ _
December 27 , 1990
TOWN _OF DANDY
TOWN BOARD MINUTES
•
Special Year -end Meeting 5 : 00 P . M . December 27 , 1990
PRESENT :
Supervisor Dietrich
Couricilpersons : Eckstrom , Marisa , Oltz , Schwartz
Town Clerk - Carol Sczepanski
Town of Danby Attorney - Nelson Roth
Members of the Public : Charlotte May , Raymond Mayo , Lamar
Herrin , Bill Rappel , John Shepardson , Richard Moore , C . G . Hoffay ,
Sal Grisanzio , Scott Hoffay , Attorney Mahlen Perkins , George
Schlect
The Town of Danby Town Board Meeting was called to order at 5 : 05
P . M . .
Supervisor Dietrich adjourned the meeting of the Town of Danby
Town Board to an Executive Session to discuss possible
litigation .
The Executive Session of the Town of Danby Town Board adjourned
at 5 : 45 P . M . and the Regular Session was resumed at 5 : 45 P . M .
NEW BUSINESS :
Supervisor Dietrich reported that the Town of Danby is moving to
re - declare itself Lead Agency for the " Raptor Heights II " Sub -
division Planned Development District proposal for the purposes
of conducting the environmental review of the proposed action .
RESOLUTION # 70 OF 1990
ENVIRONMENTAL DUALITY REVIEW REQUIREMENTS AND TOWN OF DANDY
ZONING ORDINANCE REQUIREMENTS FOR THE APPLICATION TO THE TOWN OF
DANDY ` ( THE " TOWN " ) FOR APPROVAL OF RAPTOR HEIGHTS PLANNED
DEVELOPMENT DISTRICT ( " RAPTOR HEIGHTS " ) SUBMITTED BY SCOTT HOFFAY
S " APPLICANT " ) -
By Supervisor Dietrich : Seconded by Councilpersan Eckstrom
WHEREAS applicant has submitted to the Town a new and revised
application for a Planned Development District for a site
consisting of approximately 72 acres located in the Town ( the
" proposed action " or Raptor . Heights II " ) ; and
WHEREAS previous applications were submitted to the Town for
approval of a proposed Planned Development District ( the " prior
action " or " Raptor Heights I " ) for the same site as that included
in the proposed action , such prior action having been the subject
of a full environmental review by the Town of Danby Town Board
( the " Town Board " ) in accordance with Article 8
Environmental Quality Review Act " SEOR " ( state e Environmental Conservation Law and 6NYCRR Parth617 , such prior
environmental review having included
environmental impact statement and final penvironmentala impact
statement , and which prior review culminated in the film of }
findings statement and the disc g e
Town Board ; and PProval of the prior action by the
WHEREAS in accordance with the Town Zoning Ordinance the proposed
action must be referred to the Town Planning Board for P d
of preliminary review of g purposes
recommendation to the Town Board ;applicant ' s application and a
WHEREAS applicant
completed Part c1nof an $EnvironmentaltoAssessment Form a newly
m ( " EAF " ) and
2 Town Board Minutes
December 27 , 1990
other information and materials with respect to the environmental
impact of the proposed action ; and
WHEREAS the Town Board , having received applicant ' s new
application for approval for the proposed project , must take
certain preliminary steps in order to proceed with the
environmental review of the proposed action ; and
WHEREAS the Town Board wishes to re - designate itself as Lead
Agency for the purpose of completing any and all required
additional environmental review for the proposed action ; and
WHEREAS the Town Board has given written notification to all
involved agencies informing them that the Town Board proposes to
be Lead Agency and the Town Board has received no written notices
objecting thereto and the time period therefor has now expired ;
now therefore , be it
RESOLVED , That the Town Board of the Town of Danby , Tompkins
County , New York hereby re - designates itself as the Lead Agency
for the purposes of conducting the environmental review of the
proposed action ; and be it further
RESOLVED , That the Town Board hereby classifies the proposed
action under SEOR as Type I ; and be it further
RESOLVED , That the Town Board proceed with consideration of the
proposed action , including review of the EAF Part I submitted by
the applicant and completion of Parts II and III and , following
such review and completion of Parts I , II , and III , that the town
Board determine the significance or non - significance of the
proposed action and proceed with such further proceedings as may
be required ; and be it further
RESOLVED , That pending such review and consideration by the Town
Board , the application be referred to the Town Planning Board for
purposes of a preliminary review of the applicant ' s application
and for the purposes of making a recommendation to the Town
Board , including recommendations as to the required environmental
review and findings for the proposed action ; and be it further
RESOLVED , That pending receipt by the Town Board of the
recommendations of the Town Planning Board that no final action
be taken by the Town Board ; and be it further
RESOLVED , That a Public Information Meeting will be held on
January 14 , 1991 at 6 : 00 P . M by the Town of Danby Town Board and
the Town of Danby Planning Board ; and be it further
RESOLVED , That the Town Clerk be directed to notify all.
appropriate people of the January 14 , 1990 public information
meeting ; and be it further
RESOLVED , That the twenty ( 20 ) day review for the
Determination of Significance be waived until the r1February 11 ,
1991 Town of Danby Town Board Meeting ; and be it further
RESOLVED , That a Public Hearing be scheduled for February 11
1991 at 6 : 30 P . M . subject to receipt of all necessary
documentation .
Attorney Roth addressed the Town of Danby Town Board with the
following comments :
1 ) This resolution is subject to the agreement that there
will be a waiver by the applicant of the review period until
the February 11 , 1991 Public Hearing ;
2 ) This resolution is presented with the understanding that
4LSc
3 Town_ Board Minutes
December 27 , 1990
an - agenda areas that the Town of Danby Town Board and the
Town of Danby Planning Board would like addressed by the
applicant will be completed at the end of the public
information meeting on January 14 , 1991 .
A roll call vote on the resolution resulted as follows :
Eckstrom Aye
Marisa Aye
Oltz Aye
Schwartz Aye
Dietrich Aye
PRIVILEGE OF THE FLOOR : Carried Unanimously
Mr . Lamar Herrin addressed the Board in regard to the map of the
proposed Raptor Heights II area . He said that he wanted some
clarification of the areas that were not being built on . He
feels that the surrounding land will be developed on adjoining
parcels a piece at a time .
Discussion followed in regard to when we can expect the new
Zoning Ordinance to be completed and what the regulations for
road frontage and lot size will be .
William Rappel addressed the Board and said that his biggest fear
is seeing a proposal like this go forward . He would like to know
from the Town Board what he can do ( with the help of his friends
and neighbors ) that can have an effect on the outcome of this
proposal .
Councilperson Eckstrom stated that this one sub - division roughly
represents one years growth for housing in Danby .
Councilperson Eckstrom stated to
public that his advice to the \
people is how to best facilitate " defense " of our lifestyle . One
thing the Board has always needed is solid technical evidence
that would indicate why this cannot go through as presented .
There have been arguments about rural character and we have
always needed a good quantitative reason or multiple quantative
reason .
Councilperson Marisa stated that we should look at the " Findings
Statement " that we have from the last proposal and to look.
closely at reasons that have not been addressed or for other
reasons that would fit on that kind of a list . At the end of
that process it was that set of findings backed up by the
technical data from the DEIS and the FEIS that let us reject the `
first proposal .
William Rappel asked if the SEOR process was a rubber stamp .
Councilperson Marisa explained that this was a new proposal with
a clean slate and we are at the environmental assessment stage .
There are many things that we do not need to do again . What
we ' re looking at is comparing this proposal to the set of reasons
that we denied the other proposal .
Supervisor Dietrich reminded the public that we will hold a
Public Information session on dear y 11 , 1991 at 6 : 00 P . M . to
discuss these issues .
Councilperson Eckstrom clarified where the Town is at this time .
The Town of Danby has declared itself as Lead Agency for this
propo4a1 and explained the process to date . There is a twenty
( 20 ) day period in which the Town has to make a Determination of
Non - significance or Significance . The Town has requested40
waiver until the Public Information meeting on . lanuacy 11 , 199
' 6 .
/72c3a7
•
4 Town Board Minutes
December 27 , 1990
NEW BUSINESS :
RESOLUTION # 79 OF 1990
Request to Encumber 1990 Senior Citizen_Funds -_Reso_ lution
WHEREAS , Mr . Edward Roberts has requested on behalf Town of Danby
Senior Citizens to encumber the remaining funds in the 1. 990
A7620 . 4 Account of $ 450 . 00 into the A7670 . 4 1991 Account for a
total of $ 2450 . 00 , now therefore be it
RESOLVED , That the Town of Danby Town Board authorizes the
bookkeeper to encumber $ 450 . 00 from the Senior Citizens 1990
A7620 . 4 Account to the Senior Citizen ' s 1991 account for a total
of $ 450 . 00 encumbered in addition to the $ 2 , 000 . 00 budgeted
amount .
A roll call vote on the resolution resulted as follows :
Eckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
RESOLUTION # 80 OF 1990 Carried Unanimously
Approval of Transfer of Funds
By Councilperson Eckstrom : Seconded by Councilperson Marisa
RESOLVED , That the Town Board of the Town of Danby allows the
bookkeeper to use overages in the 1990 accounts to balance out
the 1990 accounts that are now over expended .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Councilperson Marisa reported that the Town has received a
request for approval for the purchase of software for the Town of
Danby Court System .
Motion to Approve Court System Software
A motion was made by Councilperson Marisa and seconded by
Supervisor Dietrich to approve the purchase order for A Court
System Software package from Williamson Law .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
APPROVAL OF WARRANTS :
Approval of General Fund Warrant # 13 of 1990
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Eckstrom to approve the General Fund Warrant # 13 of
1990 in the amount of $ 5 , 440 . 40 .
A roll call vote on the motion resulted as follows :
2/ 3(
5 Town _ Board Minutes
December 27 , 1990
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Approval of Highway Fund Warrant # 13 of 1990
A motion was made by Councilperson Oltz and seconded by
Councilperson Eckstrom to approve the Highway Fund Warrant 413 of
1990 in the amount of $ 4 , 147 . 59 .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Approval of West Danby Water District Fund Warrant # 13 of 1990
A motion was made by Councilperson Oltz and Seconded by
Councilperson Schwartz to approve the West Danby Water District
Fund Warrant # 13 of 1990 in the amount of $ 236 . 56 .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
Approval of the New Highway Barns Warrant # B
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Marisa to pay the New Highway Barns Warrant 48 in
the amount of $ 16 , 195 . 99 .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
S chwartz Aye
D ietrich Aye
Carried Unanimously
ADJOURNMENT :
On a motion the meeting was adjourned at 7 : 25 P . M .
Carol W . Scze(L/72(4426/4r0,444;
a s i , Town Clerk