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HomeMy WebLinkAbout1992-02-27 1 0 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 12 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 . 13 3 Planning Board Minutes 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