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1 Hovanec Public Hearing
February 27 , 1992
TOWN OF DANBY
PLANNING BOARD - PUBLIC HEARINGS
February 27 , 1992 - 7 : 00 p . m .
PUBLIC HEARING - HOVANEC - REQUEST FOR SPECIAL PERMIT - CANCELLED
Chairperson Weitzel announced that due to technical aspects that
were not known at the time of publication it is necessary to cancel
the public hearing .
PUBLIC HEARING - FIELDSTONE CIRCLE - TO CONSIDER FINAL SITE PLAN
AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED FIELDSTONE CIRCLE
- CANCELED
Chairperson Weitzel announced that due to technical aspects that
were not known at the time of publication it is necessary to cancel
the public hearing .
Public Hearings Cancelled at 7 : 10 P . M .
Respectfully submitted ,
a116JGGKatic:
Carol Scze 'l7ski , Secretyry
TOWN OF DANBY 1 1
PLANNING BOARD MEETING
Special Meeting 7 : 00 P . M . February 27 , 1992
P RESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , Bill Farrell , Joel Gagnon ,
B illy Kelley , Paul Viscuso
ABSENT :
K en Horst ( Excused )
Others Present :
Carol Sczepanski , Secretary
Susan Beeners , Interim Code Enforcement Officer
Councilperson , Gail Miller
Members of the Public :
Susan Hautala , Michael Hovanec , Charlotte Mayo , Raymond Mayo , Jane
B ryce , Wendell Bryce , Scott Hoffay , Ric Dietrich and others .
Chairperson Weitzel announced that the Public Hearings advertised
for tonight have been canceled . A regular meeting of the Planning
B oard will be held to review the applications to date .
Michael Hovanec - Application for Special Permit :
Code Enforcement Officer Susan Beeners reported that Mr . Hovanec
h as submitted a request for a special permit to place a doublewide
on a lot on 96B near Steam Mill Road , but subdivision approval may
be needed .
Michael Hovanec addressed the Planning Board and said that he
submitted an affidavit to the Town Board and the Planning Board in
June of 1991 regarding the four building lots along 96B . He does
not understand why he must go through subdivision approval as he
already has one filed through Tompkins County Health Department .
Approval for septic was obtained from Tompkins County Health
Department and building permits were issued to place three ( 3 )
d uplex buildings on the lots before the new regulations were
adopted by the Town . He is asking to reduce the density by placing
a doublewide on one parcel instead of a duplex and to request a
subdivision at this time is unwarranted .
S usan Beeners said the grounds upon which the building permits were
issued last year did not require actual filing of individual lots
with the County Clerk ' s Office . With the filing of our new
ordinance and subdivision regulations , new requests require
subdivision approval by the Board of Zoning Appeals before the
P lanning Board can consider plat approval . There must also be a
modification of the building permit that was issued .
D iscussion followed regarding lots of record .
Susan explained that she has talked with the Town Attorney and he
h as recommended that since there has been no start of construction ,
( no physical improvements on that land , which would mean that the
building permits would be still viable under the old rules ) the
provisions in Section 1000 and 1005 and other provisions in the new
o rdinance and subdivision regulations indicate that as of the
e ffective date of these regulations all projects must be in
compliance . She said the rules have changed and her recommendation
t o Michael Hovanec is that the application for Special Permit
should be withdrawn at this time and resubmitted to include a
subdivision application .
D iscussion followed :
P aul Viscuso said he did not like the idea that the existing
building permits issued for this property may no longer be valid .
P aul stated for the record how he feels about the existing building
permits " At the beginning when you adopt a new ordinance , I think
you have to be very flexible throughout the situations that were
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2 Planning Board Minutes
February 27 , 1992
n ot anticipated . I believe that people already realize that we are
coming up with a lot of situations that are not defined here . "
D iscussion followed regarding the intended use of the fourth lot
o f less than 150 feet of road frontage on the subdivision map .
Arch Dotson said that for the record he would like the Planning
B oard to have written opinion from Town counsel .
Request for Written Opinion of Counsel - Hovanec Request for
S pecial Permit
A motion was made by Arch Dotson and seconded by Joel Gagnon that
t he Planning Board seek a written opinion from council regarding
t he application requirements for Michael Hovanec to place a
d oublewide on a lot on 96B near Steam Mill Road and the
✓ equirements for a subdivision and counsel ' s position on the
legality of the other two ( 2 ) building permits that were issued .
D iscussion followed :
A vote on the motion resulted as follows :
Ayes - five ( 5 ) Dotson , Farrell , Gagnon , Viscuso , Weitzel
Abstained - one ( 1 ) Kelley
Carried
S usan said the SEAF and owner ' s certificate showing ownership of
t he land are necessary before the Final Plat Application is
Complete . When the application is complete a public hearing can
be scheduled for the Board of Zoning Appeals .
Mr . Hovanec said that he is asking that the Town to move this
application along as soon as possible . Mr . Hovanec is not happy
with the decision that no construction has begun . There is a lot
of planning and paperwork necessary and test holes must be dug .
There is an existing well on this property .
Mr . Hovanec said he will contact the Town as soon as he makes a
d ecision of whether he wants to apply for a subdivision .
Fieldstone Circle ( formerly " Raptor Heights II " )
S usan Beeners said that she recommended that the Public Hearing
for Fieldstone Circle be cancelled due to the notification of
landowners in the new regulations . There is additional information
✓ elating to the building zones and some ideas for the model home
site for a sign . Susan recommended that a new hearing date be set
for this project .
Scott Hoffay presented the Final Site Plan for the project with a
few modifications to the original Site Plan . Adjustment of the
building lot lines were necessary for septic system placement and
additional information for the model home lot and a sign for the
subdivision were included in the plans .
D iscussion followed on the plan that was submitted .
P ublic Hearing Date Set :
A motion was made by Joel Gagaon and seconded by Billy Kelley that
t he Town of Danby Planning Board schedule a public hearing to
consider the Final Subdivision Approval for the proposed Fieldstone
Circle Subdivision on March 18 , 1992 at 7 : 00 P . M .
A vote on the motion resulted as follows :
Carried Unanimously
S pecial Permit Request - Paul Seeley
S usan Beeners reported to the Planning Board that she has received
an application for a Special Permit to place a 16 - 1 / 2 foot sign on
the Seeley office expansion property located on 96B .
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February 27 , 1992
Discussion followed on the application for a sign on the Seeley
property . It was agreed that placement of the sign does not
require Planning Board action .
ADJOURNMENT :
On a motion the Planning Board Meeting adjourned at 9 : 25 P . M .
Carol W . Scz ski , Secretary