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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