HomeMy WebLinkAbout1991-02-11 yf9
1 Public Hearing
February 11 , 1991
TOWN OF DANBY
PUBLIC HEARING - February 11 , 1991
6 : 30 P . M .
A Public Hearing was held at 6 : 30 P . M . on February 11 , 1991 by the
Town of Danby Town Board to hear all interested parties in regard
to " Raptor Heights II " Planned Development District Proposal . Mr .
Scott Hoffay has submitted a new proposal for Raptor Heights to
construct 25 homes on approximately 72 acres on Route 96B near
Muzzy Road .
PRESENT :
Supervisor Dietrich
Councilpersons : Eckstrom , Marisa , Oltz , Schwartz
O thers_Present_
Attorney David Dubow
P lanning Board Members - Nancy Weitzel and Joel Gagnon
Attorney Mahlon Perkins
P roject Developer - Scott Hoffay
Architect - George Schlecht
Town Clerk - Carol Sczepanski
Members _o,f__ the Public_
Jim Hovanec , Edw . M . Roberts , John C . Shepardson , Sr . , Valerie
Shepardson , William J . Rappel , Raymond Mayo , Lamar Herrin , Susan
Beeners , Marty Sternstein , Sarah Elbert , Mary Alpern
Supervisor Dietrich declared the Public Hearing open at 6 : 35 P . M .
Mr . Scott Hoffay addressed the Danby Town Board and public and
described his new proposal for " Raptor Heights II " Planned
Development District for 25 homes on approximately 72 acres .
Mr . Hoffay presented a brief description of the new plan as
follows :
• area where project is located
▪ new proposed road for entry and a loop
• pond site included in one of the building lots
75 foot buffer to surrounding parameter to act as a
visual buffer for adjacent lands
• all access road areas removed ( at the Town ' s request )
lot A will be used as a model site
Chairperson Weitzel read the following resolution passed
unanimously by the Planning Board on January 19 , 1991 .
RESOLUTION TO REFER RAPTOR HEIGHTS II PLANNED DEVELOPMENT DISTRICT
PROPOSAL TO THE TOWN OF DANBY TOWN BOARD
By Joel Gagnon : Seconded by Steve Stein
WHEREAS , The Raptor Heights II Developer , Scott Hoffay has provided
all the necessary plans , drawings , specifications and additional
information requested of him for the
purposes
Planned Development by the Town of Danby Planning Board1e and the
WHEREAS , The comments of the Tompkins County Health Department ,
Tompkins County Department of Planning and other interested parties
was solicited and received and taken into account , and
WHEREAS , The proposed use , the needs of proposed use and the
proposed location , the intensity of the operations and the location
of the site with respect to access and with respect to the effects
on the adjacent properties were all taken into account , now
therefore be it
RESOLVED , That the Town of Danby Planning Board recommends to the
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February 11 , 1991
Town of Danby Town Board that the Raptor Heights II Planned
Development District be approved with the following considerations
taken into account :
1 ) Clarification of the nature of restrictions governing
the buffer zone
2 ) Clarification of any other restrictions regarding the
use of the property beyond what is required in the Zoning
O rdinance
3 ) Indications of measures to be taken to control erosion
d uring construction particularly the driveways to the
back lots , and be it further
RESOLVED , That this project is subject to the Tompkins County
Health Department approval for septic systems and water .
Mr . Herrin asked the Planning Board to explain to us ( the public )
why the original proposal for 40 + houses was rejected and what the
P lanning Board feels has been changed significantly so that the new
proposal of 25 houses can be accepted .
Supervisor Dietrich explained that the Danby Town Board put
together the original Statement of Findings for the original
proposal . Some of the conclusions from that Statement of Findings
h ave been mitigated .
P lanning Board Member Joel Gagnon responded that the first proposal
was more dense than was contemplated for that part of the Town .
The developer has submitted a plan that has an over all density for
the development of approximately three ( 3 ) acres .
Councilperson Marisa responded that there were many areas in the
original SEQR proceedings that were considered . The Statement of
Findings was a summary of those distinct conclusions .
Councilperson Eckstrom stated that with the last proposal there
was a fairly extensive EIS and the Town Board came to several
distinct conclusions in the FEIS . If you look at those distinct
conclusions that we came up with last time and compare them very
specifically with the current sub - division you will find in large
measure they are very much mitigated in the current proposal .
Councilperson Marisa referred to the Statement of Findings adopted
by the Town of Danby Town Board on April 30 , 1990 and addressed
each item presented in the original proposal .
1 ) Surface Water Quantity - there were a lot of analysis in the
o riginal report and the Town Board found that even in the
o riginal report and the original density there was not
scientific evidence that said water would ultimately be a
problem .
2 ) Potable Water Supplies - the Town Board didn ' t say anything
about whether the site meets requirements for potable water
supplies , whether the site is suitable for sewage disposal ,
or whether the proposed use will have a significant impact on
surface water quality .
These determinations are properly the domain of the Tompkins
County Health Department .
3 ) Significant Habitat , Threatened or Endangered Species of
Animal or Plant - based on evidence presented the Town Board
found that there was no evidence that the proposed action
would cause have a significant impact on a significant habitat
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February 11 , 1991
nor adverse effect on a threatened or endangered species of
animal or plant .
4 ) Access and Roads - This project does not need to significantly
shorten the length of the road . A circular loop has been
proposed and provides for the bulk of the units two means of
egress .
5 ) Provision of Moderate Cost Housing in the Town of Danby - Not
a significant consideration .
6 ) Traffic - Increased traffic would not constitute a significant
impact .
7 ) Commercial Development - A model home does not constitute a
significant impact .
8 ) Community Current Plans and Goals - will be addressed later .
9 ) Recreational Area - Pond area in proposal as a recreational
area has been eliminated .
10 ) Agricultural Activities - The larger parcels with seventy - five
( 75 ) foot buffer zone has a mitigating influence and there
will be deed restrictions relating to the buffer as
recommended by the Planning Board .
Attorney Mahlen Perkins submitted a draft of the proposed language
for the buffer surrounding the development .
11 ) Adjacent Parcels - The connection roads to adjacent property
lines have been removed .
12 ) Impact on Local Community Services - The smaller number of
units proposed suggests that there would be no extraordinary
expenditures required by the Town .
Based on information supplied by the Ithaca City School District
( DEIS Addenda # 9 ) , the Town Board finds that this project would not
have a significant impact on educational facilities .
13 ) Visual Resources of the Site - This topic was not raised
during the SEQR process and the Town Board did not make a
specific finding . There were issues having to do with visual
pollution and points about illuminating the dark of night in
a rural area .
Councilperson Marisa explained that there are a two things with
respect to final site plan language .
1 ) Buffer Guidelines - would help mitigate visual pollution .
2 ) Restrictions on Exterior Lighting , i . e . shielded lighting ,
no spotlights visible beyond individual property lines , etc .
14 ) Archeological Significance of the Site - Topic was raised
after the acceptance of the FEIS and was not studied by the
Board .
A letter was received from Susan Hautala , Town of Danby Historian
in regard to her requests for information on the archeological
study of the area . She reported that from the information she
received nothing was found to merit further study of the area and
no report was filed .
Discussion followed and a resident from Troy Road reported that she
has found Indian Artifacts on her property .
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Public Hearing
February 11 , 1991
15 ) Concentration of population and population growth rate due to
d evelopment - There needs to be a qualitative judgement made
as to whether or not this project at approximately half the
d ensity sufficiently mitigates the original finding .
16 ) Non - Linear Road System - To some extent the new proposal
mitigates the degree of concern raised in the original finding
as there are not dead ends and cul - de - sac , etc .
8 ) Conflict with the Community ' s Current Plans or Goals -
1 ) Twisting Roads - the new proposal has mitigated this
finding to some extent . The road is shorter , the cluster is
smaller , there is an identifiable center and an identifiable
periphery in this project .
2 ) Wall - to - wall Intensive Development - this proposal is
scaled down from the wall - to - wall development .
Discussion followed with neighborhood residents expressing concern
of future development on the developers adjacent property .
Mr . Hoffay stated that there are not plans for development of the
fifty - five ( 55 ) adjoining acres that he owns . He further stated
that his intention for the current use of his land is as is and
will be used for a hay field and pasture for his horses .
Supervisor Dietrich reported that any development proposals for
the adjoining property or by other properties must go through the
same kind of review and process as this proposal .
Mr . Rappel stated that at all of our meetings only one citizen has
spoken in favor of the development . All of the voices he has heard
h ave been opposed .
Mr . Jim Hovanec reported that he lives near the area of the
proposed development and supports this proposal .
Mr . Mayo reported that we also need to keep in mind that this
property was purchased with the knowledge that this land was
previously farm land and development was a gamble . He also said
that if he wanted to build with only 50 feet of road frontage it
would not be possible and some lots within the development do not
meet the 150 foot road frontage requirement in our Zoning
O rdinance .
S upervisor Dietrich reported that the Town of Danby Board of Zoning
Appeals is very consistent with granting a variance for lack of
✓ oad frontage when the total acreage complies with other
regulations .
Mr . Herrin asked : 1 ) If the Town Board felt that Danby did not
n eed forty - four ( 44 ) new houses , do we need twenty - five ( 25 ) more
h ouses ? 2 ) If there was objection to the original proposal
because it represented a qualitative change in the rural character
because of the size of the cluster , is the cluster now at a size
that it no longer represents a qualitative change to the rural
character ?
Supervisor Dietrich responded that forty - four ( 44 ) units
✓ epresented approximately forty - four ( 44 ) families and was a large
increase for Danby even over a period of time . Twenty - four homes
✓ educes that number , it is a slow process . He feels the Town can
absorb that amount of increase .
Councilperson Eckstrom responded that he is not sure there is a
n eed for this kind of housing in the Town . We can point to a
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February 11 , 1991
number of statistics that indicate two factors : 1 ) there is a
number of vacant existing houses in the Town ( 48 out of 1400 ) , and
2 ) we have approximately twenty - five plus ( 25 + ) houses built
annually on rural roads across the town . People are finding places
to build throughout the Town ..
Discussion followed in regard to housing needs in the Town of
Danby .
Councilperson Marisa responded that a lot of things have changed
in this proposal and the list of issues and problems is
considerably shorter .
Supervisor Dietrich said that this proposal is a way to develop
internal space and keep larger areas open . In this case the
developer has tried to work with the Town . He said he feels this
proposal is a fair compromise .
Councilperson Marisa said that the general concept of this
development is the one that is outlined in the Comprehensive Plan :
Raymond Mayo addressed the Board in regard to Indian Artifacts and
stated that he visually and personally saw CNG people carry two
burlap sacks of Indian Artifacts off that field . He further stated
that they did not use the area where the artifacts were found .
Supervisor Dietrich responded that the Town could ask for some very
specific language that states - - in the course of developing this
piece of property , if they were to come across some significant
artifacts that they would notify the proper authorities to obtain
some kind of a statement or report .
On a motion the Public Hearing for " Raptor Heights II " was closed
at 8 : 05 P . M .
nR//e pectfull submitted
[ 12d
Carol W . St'ziegici
Town Clerk
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45-$ Town Board Meeting
February 11 , 1991
TOWN OF DANBY
TOWN BOARD MEETING
Regular Meeting 8 : 30 P . M . February 11 , 1991
P RESENT :
S upervisor Dietrich
Councilpersons : Eckstrom , Marisa , Oltz , Schwartz
O thers Present :
Attorney David Dubow
Planning Board Members - N . Weitzel , Joel Gagnon , P . Viscuso
Attorney Mahlon Perkins
P roject Developer -- Scott Hoffay
Architect - George Schlecht
Town Clerk - Carol Sczepanski
County Representative - Frank Proto
Members
of the
_ _ . Public : Edw . M Roberts , Joan Bordenet , Susan
B eeners , Robert Roe , Herb Engman
Supervisor Dietrich called the meeting to order at 8 : 30 P . M .
P LEDGE OF ALLEGIANCE _:_
Supervisor Dietrich led all present to the Pledge of Allegiance to
the American flag .
Corrections t_o the _ January_ 14 , 1991 Town_Board Meeting_Minutes :
Councilperson Marisa requested a correction on page 3 - first
paragraph - delete " form " and replace with " from " .
Approval _._of the January 14 ,`1991 Town Board Meeting Minutes
A motion was made by Councilperson. Marisa and seconded by
Councilperson Oltz to approve the January 14 , 1991 Town Board
Meeting as corrected .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
P RIVILEGE OF _THE FLOOR :
..
Councilperson Marisa reported that it is difficult to read the
S upervisor ' s Reports and requested the account numbers associated
with the entries for income and expenditures be in a typed form
starting next month ( February ) . Account numbers need to be
included in the report .
Tompkins County_ Representative ___ Report
County Representative Proto reported on the following :
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1 ) Distributed a pamphlet from the Division of Housing and
Community Renewal entitled " Summary of Bill of Rights for
Mobile Home Tenants "
2 ) Presented the Town Board with Central Landscape Plans for the
Central Processing Facility
3 ) Airport - The Airport Developing Committee met in regard to
the expanded facility . There will be a 350 car parking lot
and the terminal will be about 30 , 000 sq . ft . There will be
a $ 3 . 00 user fee for use of the lot . There is construction
at this time for a runway extension .
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February 11 , 1991
4 ) New Mental Health Facility - The new building is completed
and on time .
5 ) Dog License Fees - The Town of Danby will receive $ 370 . 00 from
Tompkins County for Dog License Fees .
6 ) Solid Waste Division Survey - A survey is in progress at the
S olid Waste Division in regard to trash tags . 32 % of all
people surveyed were in favor of trash tags . Only 11 % of
those surveyed were opposed . 47 % ( first 1 , 000 surveyed )
approved of payment for trash pickup by trash tags .
7 ) New York State Budget Cuts - Tompkins County has been cut
$ 933 , 000 . Losses will occur in public health , recreation for
t he elderly , CHIPS , and many other programs .
8 ) New York State School District Tax Equalization Rate - Senator
S eward sent a draft of materials to Assemblyman. Luster for
comment in regard to NYS School Tax Equalization Rate for the
Ithaca City School District .
Discussion followed in regard to how youth programs are funded .
9 ) Town of Danby recommendations and resume ' s for the County
L andfill Committee have been received by Tompkins County .
10 ) Water System Grants - information available for emergency
community water assistance program at the Farmers Home
Administration or through Tompkins County Commissioner of
• Planning .
11 ) New York State Sewage System Regulations - Part 75A - will be
e nforced in Tompkins County .
12 ) Bus Service for Danby is expected in March 1991 . Mr . Proto
w ill keep us informed .
Members of the Public_:_
Edw . M . Roberts of Bald Hill Road addressed the Board and reported
that he thinks the " Raptor Heights " proposal is a good one .
COMMUNICATIONS :
1 ) Water Systems Grants - Information for application .
2 ) Letter to Supervisor Dietrich and Town Board from Rhonda
Engman in regard to rabies control and a problem of cats in
the Town of Danby . She is requesting the Town to enforce the
leash law and to increase fines for offenders .
3 ) Notice of Public Meeting with Assemblyman Luster on February
18 , 1991 at 7 : 30 P . M . at the Danby Town Hall .
O ther Committee Reports :_
EMC_ - Report _
H erb Engman reported on the following :
1 ) A study of the Natural Resources at the DR - 7 Landfill Site
will be issued by the Department of Environmental
Conservation .
2 ) The EMC unanimously recommended Ed Cope from Caroline to be
the representative for the Town of Caroline on the new Solid
Waste Landfill Advisory Committee .
Cnmmunity__Council___--_- Report
Joan Bordenet asked the Town Board to accept the Grant Proposal
to renovate the old town highway barns for a youth center .
Community Council has submitted a grant proposal to New York State .
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3 Town Board Meeting
February 11 , 1991
Councilperson Eckstrom explained that if Community Council received
the grant that the Town would build the project .
Councilperson Marisa explained that Community Council is asking
the Town to receive their proposal for the Old Town Barns and send
it to the Planning Board for review .
Senior _Ci_tizen - Report
E dw . M . Roberts reported that Senator Seward attended their
February 1991 Meeting . The Senior Citizen ' s would like the Town
of Danby to pursue the issue of senior citizen housing .
Code,_ Enforcement Officer ' s Report - January_ 1991
B uilding permits were issued in January 1991 for one ( 1 ) new home ,
t wo ( 2 ) renewal permits and one Certificate of Occupancy . Total
fees collected in January 1991 - $ 242 . 50 .
D og Control Officer ' s 1990 Year - end Report
D og Control Officer , Lorraine Bard submitted the following report
for the year ending December 31 , 1990 :
Complaints 68
L ost Dogs 52
Found Dogs 64
D ogs Impounded 57
D ogs Adopted Out 21
Redeemed by Owner 21
D ogs Euthanized 19
Summons Served 6
Total Income for 1990 - $ 420 . 00
Total Expenses for 1990 - $ 974 . 05
D og
Control _Officer ' s.__._January_ 1991 Report :
D og Control Officer Lorraine Bard submitted the following report :
Four ( 4 ) complaints , one ( 1 ) lost dog , seventeen ( 17 ) found dogs ,
fourteen ( 14 ) dogs impounded , one ( 1 ) adopted out , one ( 1 ) redeemed
by owner , six ( 6 ) euthanized , five ( 5 ) available for adoption .
Income for January 1991 - $ 20 . 00 , expenses $ 147 . 96 . A new beeper
has been purchased for $ 175 . 00 .
P lanning_. ,Board
Report :
Chairperson Weitzel reported that she has received a letter from
Mary Call in regard to a vacancy on the Tompkins County Affordable
H ousing Advisory Board . The County is actively seeking applicants
from all municipal planning boards to fill a vacancy that expires
D ecember 31 , 1992 . Interested persons are requested to submit a
County Resume by March 1 , 1991 to Deborah Dietrich of the Tompkins
County Board of Representatives .
NEW BUSINESS :
Raptor Heights II.Planned Development District Proposal
Councilperson Marisa addressed the Town of Danby Town Board and
✓ eported that the Town has a recommendation form the Town of Danby
P lanning Board regarding the disposition of the Environmental
Assessment Form . Councilperson Marisa explained that as part of
the SEQR process the Board must make either a Positive Declaration
o r a Negative Declaration for the project .
Councilperson Eckstrom said that as he compared the previous EAF
w ith the new EAF and found some small to moderate impacts that he
personally feels can be mitigated . Councilperson Eckstrom said
that we may need to see the Final Site Plan to see that the
following impacts have been mitigated . Areas cited were : 1 )
construction on slopes of 15 % or greater ; 2 ) construction of more
than one year , such as drainage ( ground water ) ; ( 3 ) storage of more
than 1 , 100 gallons of fuel ; and ( 4 ) impact on open space .
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4 Town Board Meeting
February 11 , 1991
S upervisor Dietrich stated that most of the impacts cited for the
" Raptor Heights II " Proposed Planned Development District could be
addressed in the Final Site Plan and a condition for approval of
the project .
Councilperson Eckstrom said that based on the discussion earlier
on the original Statement of Findings as addressed in the Public
H earing at 6 : 30 P . M . , February 11 , 1991 he found five ( 5 ) items we
d eclared as non issues such as the water quality issues were a non -
problem , seven issues mitigated in a large degree , three ( 3 )
issues were withdrawn by developer such as the pond area and item
N o . 8 of the Findings Statementon the ( zoning ) and open space
issue is unresolved .
Councilperson Marisa said that individual elements of No . 8 of the
Findings Statement have been significantly mitigated , not
completely , but greatly improved upon to where it is reasonable to
h im to make a determination to where it is not significantly
incompatible with the comprehensive plan and land use plan of the
Town .
The new " Raptor Heights II " Planned Development District Proposal
was compared with the original Statement of Findings on the first
proposal as adopted by the Town of Danby Town Board on April 30 ,
1990 as follows :
1 ) Surface Water Quantity - there were a lot of analysis in the
o riginal report and the Town Board found that even in the
o riginal report and the original density there was not
scientific evidence that said water would ultimately be a
problem .
2 ) Potable Water Supplies - the Town Board didn ' t say anything
about whether the site meets requirements for potable water
supplies , whether the site is suitable for sewage disposal ,
o r whether the proposed use will have a significant impact on
surface water quality .
These determinations are properly the domain of the Tompkins
County Health Department .
3 ) Significant Habitat , Threatened or Endangered Species of
Animal or Plant - based on evidence presented the Town Board
found that there was no evidence that the proposed action
would cause have a significant impact on a significant habitat
nor adverse effect on a threatened or endangered species of
animal or plant .
4 ) Access and Roads - This project does not need to significantly
shorten the length of the road . A circular loop has been
proposed and provides for the bulk of the units two means of
egress .
5 ) Provision of Moderate Cost Housing in the Town of Danby - Not
a significant consideration .
6 ) Traffic - Increased traffic would not constitute a significant
impact .
7 ) Commercial Development - A model home does not constitute a
significant impact .
8 ) Conflict with the Community ' s Current Plans or Goals -
1 ) Twisting Roads - the new proposal has mitigated this
finding to some extent . The road is shorter , the cluster is
smaller , there is an identifiable center and an identifiable
5 Town Board Meeting
February 11 , 1991
periphery in this project .
2 ) Wall - to - wall Intensive Development - this proposal is
scaled down from the wall - to - wall development .
9 ) Recreational Area - Pond area in proposal as a recreational
area has been eliminated .
10 ) Agricultural Activities - The larger parcels with seventy - five
( 75 ) foot buffer zone has a mitigating influence and there
will be deed restrictions relating to the buffer as
recommended by the Planning Board .
11 ) Adjacent Parcels - The connection roads to adjacent property
lines have been removed .
12 ) Impact on Local Community Services - The smaller number of
units proposed suggests that there would be no extraordinary
expenditures required by the Town .
13 ) Visual Resources of the Site - This topic was not raised
during the SEQR process and the Town Board did not make a
specific finding . There were issues having to do with visual
pollution and points about illuminating the dark of night in
a rural area .
Councilperson Marisa explained that there are a two things with
respect to final site plan language .
1 ) Buffer Guidelines - would help mitigate visual pollution .
2 ) Restrictions on Exterior Lighting , i . e . shielded lighting ,
no spotlights visible beyond individual property lines , etc .
14 ) Archeological Significance of the Site - Topic was raised
after the acceptance of the FEIS and was not studied by the
Board .
A letter was submitted by Susan Hautala , Town of Danby Historian
in response to the Town ' s request for information on the
archeological study of the area . She reported that from the
information she received nothing was found to merit further study
of the area and no report was filed .
15 ) Concentration of population and population growth rate due to
development - There needs to be a qualitative judgement made
as to whether or not this project at approximately half the
density sufficiently mitigates the original finding .
16 ) Non - Linear Road System - To some extent the new proposal
mitigates the degree of concern raised in the original finding
as there are not dead ends and cul - de - sac , etc .
Discussion followed in regard to the EAF ( Environmental Assessment
Form ) .
Councilperson Eckstrom cited several issues that have been
mitigated satisfactorily with the exception of No . 8 on original
Findings Statement - Material Conflict with Zoning , etc . He stated
that he is not sure where we are heading with that issue .
Councilperson Marisa stated that he felt that from most of the
areas that we specifically broke out in earlier discussion the
elements were significantly mitigated , not completely but greatly
improved upon to the point where it is reasonable to him that it
is not significantly incompatible with the comprehensive plan .
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6 Town Board Meeting
February 11 , 1991
RESOLUTION # 19 OF 1991
E NVIRONMENTAL -._.REVIEW . REQUIREMENTS FOR " RAPTOR HEIGHTS_II " PLANNED
DEVELOPMENT DISTRICT
B y Councilperson Marisa : Seconded by Supervisor Dietrich
A RESOLUTION REGARDING ENVIRONMENTAL QUALITY
REVIEW REQUIREMENTS FOR THE APPLICATION TO THE
TOWN OF DANBY ( THE " TOWN " ) FOR APPROVAL OF THE
RAPTOR HEIGHTS PLANNED DEVELOPMENT DISTRICT
( " RAPTOR HEIGHTS II " ) SUBMITTED BY SCOTT
HOFFAY ( " APPLICANT " )
WHEREAS , Applicant has submitted to the Town a new and revised
application for a Planned Development District for a site
consisting of twenty - four ( 24 ) subdivided residential lots with
one ( 1 ) additional lot for a model home and office , all on
approximately 72 acres located in the Town and as more particularly
set forth on the " Preliminary Plan 10 - 30 - 1990 Raptor Heights
S ubdivision " ( the " proposed action " or " Raptor Heights II " ) ; and
WHEREAS , A previous application ( consisting of 42 lots ) was
submitted to the Town for approval of a proposed Planned
D evelopment 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 Danby Town Board ( the " Town Board " ) in accordance with
Article 8 [ State Environmental Quality Review Act ( " SEQR " ) ] of the
N ew York State Environmental Conservation Law and 6 NYCRR Part 617 ,
such prior environmental review having included preparation of a
D raft Environmental Impact Statement and Final Environmental Impact
S tatement , and which prior review culminated in the filing of a
Findings Statement ' and the disapproval of the prior action by the
Town Board ; and
WHEREAS , Applicant has submitted to the Town Board a newly
completed Part I of the Environmental Assessment Form ( " EAF ) ,
together with other information and materials with respect to the
proposed action and its environmental impact ; and
WHEREAS , in accordance with the Town Zoning Ordinance the proposed
action has been referred to the Town Planning Board ( the " Planning
B oard " ) for purposes of a preliminary review of Applicant ' s
application and a recommendation to the Town Board , and the
P lanning Board has unanimously recommended conditional approval of
the proposed action ; and
WHEREAS , having received the new application from Applicant for
the proposed action , the Town Board must take certain preliminary
steps in order to proceed with any additional environmental review
w hich may be required ; and
WHEREAS , by prior action of this Board , the proposed action was
classified as Type I and the Town Board has re - designated itself
as Lead Agency for the purpose of conducting the environmental
✓ eview of the proposed action ; and
WHEREAS , the Town Board has held a public hearing during which all
those persons wishing to speak concerning the proposed action have
had the opportunity to do so ; and
WHEREAS , the Town Board , as Lead Agency , has completed its
e nvironmental review of the proposed action and has determined that
t he proposed action will not have a significant effect upon the
e nvironment .
WHEREAS , the applicant and the Town Board acknowledge that the
Final Planned Development District Plat and plans will be subject
t o final approval by the Town Board and independent approval , as
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February 11 , 1991
✓ equired , by the Tompkins County, Health Department , Tompkins
County Department of Planning and New York State Department of
Transportation ; now therefore , be it
RESOLVED , that upon consideration of the proposed action , review
o f the EAF , review of all materials submitted in support of the
proposed action , review of all materials previously submitted in
conjunction with the prior action , and consideration of all
comments made at the public hearing on the proposed action , and
u pon all other proceedings held : tin this matter , and upon careful
e valuation of the revisions in the proposed action as compared to
the prior action , and upon the, criteria for determination of
significance as set forth in ,. ; 6 NYCRR Part 617 . 11 and after
thoroughly analyzing the identified relevant areas of potential
e nvironmental concern , the Town , ;Board of the Town of Danby hereby
makes the following determinations and directions :
1 ) The Town Board hereby finds , determines and confirms
t hat the proposed action , as revised , will not have significant
e ffect on the environment ; and
2 ) The Town Board hereby adopts the Negative
D eclaration , Notice of Determination of Non - Significance , in the
form attached hereto as its determination with respect to the
proposed action ; and
3 ) The Town Clerk is hereby directed to make all
✓ equired arrangements for the filing and publication of the
N egative Declaration , Notice of Determination of Non - Significance .
Attachment to Resolution # 19 of 1990
S TATE ENVIRONMENTAL QUALITY REVIEW
NEGATIVE DECLARATION
D etermination of Non - Significance
L EAD AGENCY : Town Board
Town of Danby
1830 Danby Road
Ithaca , New York 14850
DATE ; February 11 , 1991
This notice is issued pursuant to Part 617 of the Implementing
Regulations pertaining to Article 8 ( State Environmental Quality
Review Act ) of the Environmental Conservation Law .
The Town Board of the Town of . Danby , as lead agency , has
d etermined that the proposed action described below will not have
a significant effect on the environment and that a draft
E nvironmental Impact Statement will not be prepared .
TITLE OF ACTION : Raptor Heights Subdivision / Planned Development
D istrict
S EQR STATUS : Type I
D ESCRIPTION OF
ACTION : 24 Lot Subdivision / Planned Development District
consisting of proposed residential lots , with
one additional lot for a model home and office .
LOCATION : Danby Road ( NYS Route 96B ) Lot 23 - N . E . Quarter
Township 7 Watkins & Flint Purchase Town of
Danby , Tompkins County , New York .
REASONS
S UPPORTING THIS
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8 Town Board Meeting
February 11 , 1991
DETERMINATION : A previous application ( consisting of 42
✓ esidential lots ) was submitted to the Town
B oard for approval as a proposed Planned
D evelopment District ( the " prior action " ) for
the same site . The prior action was the
subject of a full environmental review by the
Town Board , as lead agency , such prior
e nvironmental review having included
preparation of a Draft Environmental Impact
Statement and Final Environmental Impact
Statement , and which prior review culminated
in the filing of a Finding Statement and the
d isapproval of the prior action by the Town
B oard . The proposed action for which this
n egative declaration is made includes
significant revisions and modifications to the
prior action , all of which revisions and
• modifications were intended to address the
environmental issues cited in the Finding
Statement made in the prior action . The Town
B oard has determined that the proposed action ,
in its revised and modified form , has
adequately addressed the environmental issues
cited in the prior action . The revisions ,
modifications and mitigating measures included
in the proposed action support the
d etermination set forth in this Negative
D eclaration that the previously identified
e nvironmental effects cited in the prior action
w ill , as a result of such revisions ,
modifications and mitigating measures , not be
significant .
Discussion followed in regard to Planning Board recommendations
and comments from Public Hearing .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
Motion f or Application . .Approval
A motion was made by Councilperson Marisa and seconded by
"Councilperson Eckstrom to consider a resolution regarding the
specific application and what approval we are willing to give the
project . The resolution is as follows :
RESOLUTION
# 20OF _. - 1991.
REQUIREMENTS FOR . . APPL_ICATION . .:TOTHE TOWN
OF. _._DANBY FOR APPROVAL OF
RAPTOR HEIGHTS II PLANNED DEVELOPMENT DISTRICT
By Councilperson Marisa : Seconded by Councilperson Eckstrom
A RESOLUTION REGARDING TOWN ZONING LAW REVIEW
REQUIREMENTS FOR THE APPLICATION TO THE TOWN OF DANBY
( THE " TOWN " ) FOR APPROVAL OF THE RAPTOR HEIGHTS PLANNED
D EVELOPMENT DISTRICT ( " RAPTOR HEIGHTS II " ) SUBMITTED BY
S COTT HOFFAY ( " APPLICANT ) "
WHEREAS , Applicant has submitted to the Town a new and revised
application for a Planned Development District for a site
consisting of twenty - four ( 24 ) subdivided residential lots with
one ( 1 ) additional lot for a model home and office , all on
approximately 72 acres located in the Town and as more particularly
set forth on the " Preliminary Plan 10 - 30 - 1990 Raptor Heights
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9 Town Board Meeting
February 11 , 1991
Subdivision " ( the " proposed action " or " Raptor Heights II " ) ; and
WHEREAS , A previous application ( consisting of 42 lots ) was
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 Danby Town Board ( the " Town Board " ) in accordance with
Article 8 [ State Environmental Quality Review Act ( " SEQR " ) ] of the
New York State Environmental Conservation Law and 6 NYCRR Part 617 ,
such prior environmental review having included preparation of a
Draft Environmental Impact Statement and Final Environmental Impact
Statement , and which prior review culminated in the filing of a
Findings Statement and the disapproval of the prior action by the
Town Board ; and
WHEREAS , Applicant has submitted to the Town Board a newly
completed Part I of the Environmental Assessment Form ( " EAF ) ,
together with other information and materials with respect to the
proposed action and its environmental impact ; and
WHEREAS , in accordance with the Town Zoning Ordinance the proposed
action has been referred to the Town Planning Board ( the " Planning
Board " ) for purposes of a preliminary review of Applicant ' s
application and a recommendation to the Town Board , and the
Planning Board has unanimously recommended conditional approval of
the . proposed action ; and
WHEREAS , having received the new application from Applicant for
the proposed action , the Town Board must take certain preliminary
steps in order to proceed with any additional environmental review
which may be required ; and
WHEREAS , by prior action of this Board , the proposed action was
classified as Type I and the Town Board has re - designated itself
as Lead Agency for the purpose of conducting the environmental
review of the proposed action ; and
WHEREAS , the Town Board has held a public hearing during which all
those persons wishing to speak concerning the proposed action have
had the opportunity to do so ; and
WHEREAS , the Town Board , as Lead Agency , has completed its
environmental review of the proposed action and has determined that
the proposed action will not have a significant effect upon the
environment .
WHEREAS , the applicant and the Town Board acknowledge that the
Final Planned Development District Plat and plans will be subject
to final approval by the Town Board and independent approval , as
required , by the Tompkins County Health Department , Tompkins
County Department of Planning and New York State Department of
Transportation ; now therefore , be it
RESOLVED , that upon. consideration of the proposed action , review
of all materials submitted in support of the proposed action ,
review of all materials previously submitted in conjunction with
Raptor Heights I , and consideration of all comments made at the
public hearing with respect to the proposed action , and upon all
other proceedings held in this matter , and upon careful evaluation
of the revisions in the proposed action as compared to the prior
action , and upon the SEQR Negative Declaration , Notice of
Determination of Non - Significance previously made by the Town
Board , the Town Board hereby grants preliminary and conditional
approval to the proposed action , subject to the following
conditions :
1 ) Approval by the Town Board of the Final Planned
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10 Town Board Meeting
February 11 , 1991
Development District Plat ( the " Final Plat " ) and supporting
materials , including , but not limited to , drainage plans , road
location plans , road specifications , and related engineering
materials , seventy - five ( 75 ) foot buffer strip on north and south
boundaries , all deed restrictions , including but not limited to
use of buffer strips and restrictions on the use of exterior
lighting ;
2 ) Approval of the Final Plat and final plans by the
Tompkins County Health Department , including well and private
sewage disposal plans ;
3 ) Approval of the Final Plat and plans by the Tompkins
County Department of Planning pursuant to General Municipal Law
Section 239 ( 1 ) and On ) ;
4 ) Approval of the Final Plat and plans by the New York
State Department of Transportation ;
5 ) A continuing obligation and responsibility to ( i ) monitor
during all phases of site work and related construction any
conditions of archeological significance discovered during said
site work and related construction , ( ii ) report to the Town Board
and all other required agencies any such conditions of
archeological significance discovered during such site work and
related construction , and ( iii ) thereupon cease , if so directed by
the Town Board in its reasonable discretion , any further site work
and related construction in the effected area until otherwise
d irected ;
6 ) The approximately twenty ( 20 ) acres east of Lots " 7 "
through " 14 " shall at all times remain in their natural state with
n o development or improvements of any kind , such restriction to be
n oted in a manner satisfactory to the Town Attorney on the Final
P lat and / or other documents associated with final approval of the
Final Plat by the Town Board ;
7 ) The model home will be converted to a single family
✓ esidence with the same zoning restrictions as the rest of the
project at the end of six ( 6 ) years from the start date of the
project .
D iscussion followed in regard to review of the Final Plans by
Tompkins County Department of Planning and the proposed buffer
zones around the project .
Mr . George Schlect stated for the record that the approval of the
P lat and Plans by the New York State Department of Transpotation
is limited to the driveway access .
Attorney David Dubow explained Item 3 is in regard to the Town ' s
request to Tompkins County Department of Planning for the Town
B oard to be re - designated Lead Agency for " Raptor Heights II "
P lanned Development District . With respect to the development
✓ eview the Department of Planning indicated to the Town the
following : " Based on the information submitted at this time the
proposed discrecionary action appears to qualify for review by the
County Planning under the provisions of General Municipal Law No .
239 - ( 1 ) and ( m ) Manditory Zoning Review due to its location " .
Councilperson Marisa explained that the Town Board wanted to
specifically state that the Board wanted to review the final
d rawings , particularly 1 ) the location of the buffer zone , and
2 ) to review all of the deed restrictions .
Councilperson Eckstrom said that he would like to see the buffer
zones preserved in a more natural state than is indicated in the
d rawings but would like to see septic and wells allowed in that
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11 Town Board Meeting
February 11 , 1991
area . He also stated that he would like to make sure there is
significant buffer between the project and adjacent properties .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
N EW BUSINESS : •
Community Council Grant .- Proposal
Supervisor Dietrich explained that a Grant Proposal has been
submitted by Community Council for renovation of the Old Town Barns
located on Bald Hill Road for a Town Community Center . The
proposal has been reviewed by the Zoning Officer and he has
acknowledged that all the materials are in place and have asked
that the Board formally accept the concept of the grant application
and refer the proposal to the Planning Board .
D iscussion followed in regard ownership of the property .
Councilperson Marisa stated that part of the issue was who would
own the building . Ownership of the building is part of approving
t he project in concept . When the grant proposal was presented to
him his understanding was that the property would be transferred
to Community Council and was not going to be a Town tax liability .
Further discussion followed. in regard to ownership of the building ,
insurance and other issues .
Motion to table
A motion was made by Councilperson Schwartz and seconded by Rich
Marisa to table further discussion . in regard to the request from
Community Council to formally accept the Grant Proposal to renovate
t he Old Town Barns for a Community Center .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
RESOLUTION # 21 OF 1991
Amendment
_to_ _ 1991.,-._Budget
B y Councilperson Eckstrom : Seconded by Councilperson Marisa
RESOLVED , That monies be deducted from A8010 . 4 in the amount of
$ 2 , 500 . 00 and added to A1650 . 1 account for the Cor .respondance
S ecretary .
D iscussion followed .
Councilperson Marisa stated that this account is for the Zoning
O fficer ' s clerical use only and that that money is to he accounted
for on a per hour basis with monthly reports .
S upervisor Dietrich said that if that account is only for the
zoning office then there is no money for a secretary for " Super
G roup " .
Councilperson Marisa stated that no money was budgeted for a
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12 Town Board Meeting
February 11 , 1991
secretary for " Super Group " and someone needs to propose where that
money is to come from . He also requested copies of past " Super
G roup " minutes and materials .
A roll call vote on the resolution resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
•
Carried Unanimously
Tompkins Hillview Road Road LandfillCit _izen_s _Advisory__Committee
The Town of Danby Town Board reviewed resume ' s from residents for
appointments for the Hillview Road Landfill Citizens Advisory
Committee and adopted the following resolution .
RESOLUTION # 22 OF 1991
TOWN OF.. . .. DANBY RECOMMENDATIONS_ TO THE
HI_LLVIEW__ _ROAD___ _- LANDFILL
CITIZENS
. __ADVISORY
COMMITTEE
B y Councilperson Schwartz : Seconded by Councilperson Marisa
WHEREAS , Tompkins County has solicited appointments for two ( 2 )
representatives from the Town of Danby for the Tompkins County
H illview Road Landfill Citizens Advisory Committee , and
WHEREAS , Tompkins County has solicited recommendations for the
appointment of two ( 2 ) representatives to the committee from the
Tompkins County Landfill neighborhood , and
WHEREAS , The Town of Danby Town Board understands that they are
allowed to appoint a non - voting member of the committee , now be it
RESOLVED , That the Town Board of the Town of Danby recommends the
appointment of the following candidates for the Tompkins County
Hillview Road Landfill Citizens Advisory Committee as Town of Danby
representatives :
Fredric W . Dietrich 100 S . Danby Rd . , Willseyville , NY
Julia Hughes 144 Station Road , Newfield , NY 14867
and be it further
RESOLVED , That the Town Board of the Town of Danby recommends the
- appointments of the following candidates for neighborhood members
of the Tompkins County Hillview Road Landfill Citizens Advisory
Committee :
B rian Caldwell Box 63 , West Danby , NY
Alan S . Becker 88 Hillview Road , Spencer , NY
Arvo Rautien ( at - large ) 311 Ithaca Road , Spencer , NY
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
APPROVAL OF WARRANTS
Approval _ of .General._._Fund__Warrant _ # 2 - ._of_ __1991
A motion was made by Councilperson Eckstrom and seconded by
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13 Town Board Meeting
February 11 , 1991
Councilperson Marisa to approve the General Fund Warrant # 2 of 1991
in the amount of $ r , . - • 7, , 3i -a9 ekiXig
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
Approval __ of _Highway _ Fund . Warrant_ # 2.__ of . 1991
A motion was made by Councilperson Marisa and seconded by
Councilperson Schwartz to approve the Highway Fund Warrant # 2 of
1991 in the amount of $ i3 6' 7O . 12- 4 //43 / 3 . .39 (y4
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 _ #_1._ of
A motion was made by Councilperson Oltz and seconded by
Councilperson Marisa to approve the West Danby Water District Fund
Warrant # 1 of 1991 in the amount of $ 1 , 085 . 48 .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
Dietrich Aye
Carried Unanimously
Approval of January
1991Supervisor ' s _Report
A motion was made by Councilperson Eckstrom and seconded by
Councilperson O1tz to approve the January 1991 Supervisor ' s Report
as submitted .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
Approval of January 19.91 Town
Clerk_ ' s Report
A motion was made by Councilperson Eckstrom and seconded by
Councilperson Schwartz to approve the January 1991 Town Clerk ' s
report as submitted .
A roll call vote on the motion resulted as follows :
E ckstrom Aye
Marisa Aye
O ltz Aye
Schwartz Aye
D ietrich Aye
Carried Unanimously
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14 Town Board Meeting
February 11 , 1991
•
Communication from Rhonda Engman _ on Rabies
Motion to Table
A motion was made by Councilperson Schwartz and seconded by
Councilperson Oltz to table discussion on the February 6 , 1991
letter from Rhonda Engman in regard to rabies until the Town Board
can seek information from Town Court in regard to how offenders are
handled .
Carried Unanimously
ADJOURNMENT :
On a motion the meeting was adjourned at 10 : 40 P . M .
_.._ _COA-01241 )?5)2P a/14 2 Carol W . Sczepan � iTown Clerk
cws
tnbd2 - 11 . 91
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