Loading...
HomeMy WebLinkAbout1992-01-15 1 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P . M . January 15 , 1992 PRESENT : Chairperson Weitzel P lanning Board : Arch Dotson , Billy Kelley , Joel Gagnon , Ken Horst , Paul Viscuso O thers Present : III Town Supervisor - Mary Oltz Attorney - Nelson Roth Recording Secretary - Carol Sczepanski Interim Code Enforcement Officer - Susan Beeners Members of the Public : Mary Lou Hardesty , Edward M . Roberts , Diane Sherwood , William Albern , Ric Dietrich Chairperson Weitzel called the meeting to order at 7 : 39 P . M . P rivilege of the Floor : E dward M . Roberts addressed the Board and said that he thinks the new Zoning Ordinance needs a lot of fine tuning . Areas such as signs , home occupations and others have no real definitions or d irections . Mary Lou Hardesty asked how amendments to the new zoning ordinance would be made . She has been told amendments could be made but she wants to know what the procedure will be . Chairperson Weitzel said that the Town is constantly amending and amendments would require a public hearing . Requests and suggestions for amendments should be in writing addressed to the Planning Board . Mary Lou suggested that the Planning Board introduce themselves to the public in attendance at the beginning of meetings . Corrections to December 18 , 1991 Planning Board Minutes : 1 ) Page 2 - No . 1 - delete the word " champagnes " and insert the word companies . 2 ) Page 2 -- No . 2 - should read . . . . Commission on Rural Resources . 3 ) Page 2 - No . 4 - correct spelling for " Andersson " and delete " Schlecht " . 4 ) Page 3 - delete the word " was " in Mr . Alberns statement to the Planning Board . 5 ) The motion from Town Board Minutes has been corrected as follows : Motion to Pass Hillview Terrace Planned Development District Application to the Planning Board for Review - Approved A motion was made by Councilperson Marisa and seconded by Councilperson Eckstrom to accept the new application which is substantially complete for a revised PDD to establish thirty - one ( 31 ) new housing units at Hillview Terrace as submitted by Mary Lou and Paul Hardesty . The Town Board passes the application to the P lanning Board for their review of the Draft Environmental Assessment Form ( DEAF ) and their recommendations on the EAF , Site P lan and all of the application . The Town Board classifies the action as Type I under the SEQR Law and initiates the procedure to become Lead Agency under the SEQR Law . 6 ) Page 7 - delete the word " topo " and replace with " topography " . Motion to Approve December 18 , 1991 Minutes as Corrected A motion was made by Arch Dotson and seconded by Ken Horst to approve the December 18 , 1991 Planning Board Minutes as corrected . Carried Unanimously 2 2 Planning Board Minutes January 15 , 1992 COMMUNICATIONS : 1 ) Letter of January 9 , 1992 from Jeanne Barrett of Tompkins County Department of Planning - Re : State Grants available from NYS Office of Parks , Recreation , and Historic P reservation . 2 ) Building Department December 1991 Report . 3 ) Letter of Septic Approval from the Tompkins County Health D epartment for " Fieldstone Circle " . Tompkins County Planning Board Report : P aul Viscuso reported the following highlights from the County P lanning Board Meeting of January 8 , 1992 . 1 ) A communication from George Totman from the Town of Groton regarding his attempt to get the municipal planning people together for discussions about joint concerns . 2 ) New York State Planning Federation will hold seminars at the G roton Town Hall on Thursday and Friday April 1 & 2 , 1992 , from 6 : 30 - 10 : 00 P . M . 3 ) Lou Roscoe from Cornell is the new Chair of Tompkins County Planning Board and Mary Beth Holub , representing agriculture , is the Vice Chair . 4 ) Jim Skaley spoke to the County Board on the County Agriculture D istrict Review . 5 ) Stuart Stein spoke about Tompkins County Re - apportionment in Tompkins County . N EW BUSINESS : H illview Terrace Mobile Home Park Expansion Mr . William Albern , P . E . Engineering Consultant addressed the P lanning Board and presented a revised EAF and a new topographical map as requested in December 1991 . S usan Beeners presented a written list of comments on the initial review of Hillview Terrace Plan Materials - dated 1 / 15 / 92 . Attorney Roth explained that this proposal would be dealt with • under the procedure in the current zoning ordinance that is in e ffect . An application by itself does not give a vested right e specially given the discretion that the Board has with respect to the application . The review should be essentially identical under the old ordinance as it is under the new ordinance . Section 604 which makes specific reference to Planned Development Zones and a specific reference to Trailer Parks . It is clear that the intention is to in effect` °transfer the review from the general section 604 to the more specific section which is 605 . He said it is his understanding that the proposal is for a Mobile Home Park w ithin a Planned Development District . Attorney Roth said that based on previous conversations last month it is unclear to him what part of the application was based upon a claim of right under a previously approved plan . Attorney Roth said that it is important that the Planning Board o btain an understanding from the applicant that the applicant wanted the Board to treat this in effect as a new application within the boundaries of an existing PDD so that the Board would consider specifically the application for thirty - one ( 31 ) sites in connection with the twenty - six ( 26 ) existing sites . The applicant should say that it is doing this with the clear understanding that this is a new review under the zoning ordinance . Mr . Albern said that he understands that there was a Planned D evelopment Established , it was expected that there would be more t han twenty - six ( 26 ) units and that expansion would require Town approval . D iscussion followed : 3 Planning Board Minutes January 15 , 1992 Attorney Roth said that the proper procedure is to treat this application as a new application for a Mobile Park Zone under Section 605 in the Zoning Ordinance with respect to the entire zone as presented on the document dated 12 / 3 / 91 . Mr . Albern said they are asking for is an expansion of the present mobile home park zone within an existing PDD . Attorney Nelson Roth explained that the following procedure for the H illview Terrace Proposal is that the Planning Board will make a recommendation to the Town Board and the Town Board will make a finding that in effect will create a special use for this particular area ; Attorney Roth explained the new zoning ordinance and regulations is give the Board opportunity to make reasonable decisions based on criteria that everybody is familiar with and to make an intelligent decision consistent with the current zoning that is in effect . That was the purpose under the old law , but we now have more guidance . EAF - Review The Planning Board reviewed the EAF and suggested the following changes to include the entire site plan . 1 ) Page 2 - Item # 3 - EbB 2 ) Page 3 - Item # 5 - 94 % - 3 % - 3 % J oel objected to changes 3 and 4 as there is not a plan for developing the remainder of the property at this time . The plan that is submitted for what they will be locked into unless they come back . 3 ) Page 2 - After Completion add in parentheses ( Of This Phase ) 4 ) Page 3 - Project Description - B - h . Ultimately 57 Total at this phase . 5 ) Page 5 - # 5 - To be considered a new application under 605 and to be reviewed pursuant to Section 605 and 800 in the Zoning Ordinance . Mr . Albern said that there were two ( 2 ) issues to be addressed that were raised at the December 18 , 1991 meeting . ( 1 ) - Drainage - Mrs . Newton stated at the December 18 , 1991 meeting that if the owner of the property would buy a culvert pipe that the County would install the culvert . Mr . Albern said Mr . Hungerford confirmed that the statement was 100 % correct and the offer was made in 1974 which was before Hardesty ' s owned the property . Mr . Albern has viewed the site with Ward Hungerford of Tompkins County and it was decided that a culvert could be installed . 2 ) - Water supply N o water shortage exists in the present park at this time and the Hardesty ' s have never had to issue a " boil water notice " . What is not known is the yield of the wells . They were there and are currently in use producing adequate water supply . Mr . Albern said that two questions in regard to water remain : 1 ) the capacity of the present system and if it will support additional units ; 2 ) Impact on neighbors if 11 , 000 gallons of water from existing or future wells are drawn . 4 Plannin g Board Minutes January 15 , 1992 Mr . Albern said that a geologist has been hired to inspect the well system , perform yield tests and access the impact on neighbors wells . D iscussion and questions followed : Attorney Roth explained to Mr . Albern that under Section 800 , Sub P aragraph 3 of the Zoning Ordinance or under Sub Paragraph 1 , before the Town Board is permitted to decide the question of the creation of the Mobile Home Park Zone the Planning Board has to adopt and approve a Site Plan and then make a recommendation on the creation of the Mobile Home Park Zone to the Town Board . The P lanning Board must hold a public hearing within sixty ( 60 ) days of the filing of the completed application and the Planning Board must make a recommendation to the Town Board within thirty days thereafter . He said his concern would be the matter of information that is necessary to complete the application . Attorney Roth said h e assumes that Mr . Albern is not suggesting that there is a completed application tonight . D iscussion followed on the suggestions listed for Hillview Terrace Site Plan , storage space , landscaping , buffers , etc . ADJOURNMENT : A motion was made by Arch Dotson and seconded by Billy Kelly to adjourn the meeting at 10 : 15 P . M . Carried Unanimously Carol W . Scze ski Recording Secretary