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HomeMy WebLinkAbout1992-06-17 TOWN OF DANBY 4 7 PLANNING BOARD MINUTES - . PUBLIC HEARING Hovanec - Becker . 7 : 00 P . M . June 17 , 1992 PRESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , Bill Farrell , Joel Gagnon , Paul Viscuso ABSENT : P lanning Board Members : Billy Kelley , Ken Horst ( Excused ) O thers Present : Code Enforcement Officer - Susan Beeners Secretary - Carol W . Sczepanski Members of the Public : J oanne Koval , Chris Becker , Harriet Moore , Michael Hovanec The Public Hearing was called to order at 7 : 28 P . M . by Chairperson Weitzel and the following Publication of Hearing was read : NOTICE IS HEREBY GIVEN , that a public hearing will be held by the Town of Danby Planning Board on Wednesday , June 17 , 1992 at 7 : 00 P . M . , 1830 Danby Road , Ithaca , New York 14850 . Purpose of hearing is to consider the application of Chris Becker to place a doublewide mobile home on the Town of Danby Tax Parcel # 29 . - 1 - 3 . 2 located on South Danby Road north of LaRue Road near the Tioga County border . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . A regular meeting of the Planning Board will follow the public h earing . By Order of the Planning Board Carol W . Sczepanski , Secretary D ated : June 9 , 1992 P ublished : June 11 , 1992 Michael Hovanec submitted Certified Mail Receipts and a copy of the public hearing notice that was mailed to adjacent landowners . P ublic Comment : J oanne Koval of 815 South Danby Road , Spencer , New York addressed the Board and said she does not think a doublewide mobile home fits into her neighborhood or is considered as real estate . She would rather see a modular home that would appreciate in value . Michael Hovanec addressed the Board and explained that the Beckers have purchased a manufactured home that is assessed or appraised at a little over $ 90 , 000 . Mr . Becker said that he owns two ( 2 ) parcels and that they will be combined . The placement of the home on the lot will be at the back of the property near the wooded area . D iscussion followed : J oel expressed concern that the home will not be anchored to the foundation . B ill Farrell said that it is not required and is an added expense . Motion to Close the Public Hearing : A motion was made by Paul Viscuso and seconded by Arch Dotson to close the public hearing at 7 : 50 P . M . Carried Unanimously Respect fully submitted atioliilifrOocath: Carol W . Sczepanski Secretary 49 TOWN OF DANBY PLANNING BOARD MEETING Regular Meeting 7 : 30 P . M . June 17 , 1992 P RESENT : Chairperson Weitzel Planning Board Members : Arch Dotson , Bill Farrell , Joel Gagnon , Paul Viscuso ABSENT : K en Horst , Billy Kelley Others Present : Secretary - Carol Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Attorney Richard John , Clifford M . Hill , Loxie 0 . Hill , William Albern , Mary Lou Hardesty , Paul Hardesty The meeting was called to order by Chairperson Weitzel at 7 : 50 P . M . Corrections to May 20 , 1992 Planning Board Minutes 1 ) Page #y - under Joel said : insert the word " so " after important and the word " and " after specified ; 2 ) Page # ! - paragraph # 7 - delete the word " is " and insert " may not be necessary " ; delete the " s " after use and insert the word " definition ; 3 ) Page 0 - next to last paragraph : The Planning Board asked Mr . Albern to clarify the future use of the PDD including any intended use of it as a mobile home park . 4 ) Page #S - No . 3 - delete the word " where " ; add the word " is " after pattern 5 ) Page t5- - next to last paragraph - delete " the modifications " Approval of May 20 , 1992 Planning Board Minutes : A motion was made by Joel Gagnon and seconded by Arch Dotson to approve the May 20 , 1992 Planning Board Minutes as corrected . A roll call vote on the motion resulted as follows : D otson Aye Farrell Aye G agnon Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously County Planning Report : P aul Viscuso reported the following highlights from the June 9 , 1992 County Planning Board Meeting . 1 ) Bud Stanton from Cornell University Agriculture Economics talked about the status of the evolution of agriculture in Central New York . 2 ) James Hanson reported that Tompkins County owns 571 acres of forest in Newfield and Caroline and its management . The County receives $ 18 , 000 . 00 - $ 20 , 000 . 00 for timber per year . Code Enforcement Officer ' s Report - May 1992 Chairperson Weitzel reported that the May 1992 Code Enforcement O fficer ' s May 1992 report has been received . Susan Beeners reported that a set of public hearings will be held by the Town of Danby Town Board on June 22 , 1992 with respect to the consideration of abandonment of certain roads in the Town . Susan explained that the roads to be abandoned were deemed abandoned by their disuse . 50 2 Planning Board Minutes June 17 , 1992 NEW BUSINESS : B ecker Proposal - Special Permit for Doublewide Discussion - Becker Proposal - Special Permit for a Doublewide to be placed on South Danby Road on Town of Danby Tax Map Parcels # 29 . - 1 - 3 . 2 and # 29 . - 1 - 3 . 4 as proposed . Joel Gagnon said he is concerned that the structure will not be is anchored or tied down to the foundation . 1 RESOLUTION NO . 4 OF 1992 RESOLUTION TO APPROVE BECKER SPECIAL PERMIT APPLICATION FOR A DOUBLEWIDE B y Bill Farrell : Seconded by Arch Dotson WHEREAS , this action is the consideration of granting a Special P ermit to Chris Becker to place a doublewide mobile home on the Town of Danby Tax Parcels # 29 . - 1 - 3 . 2 and # 29 . - 1 - 3 . 4 located on South Danby Road north of LaRue Road near the Tioga County border , and WHEREAS , the Planning Board , at Public Hearing on June 17 , 1992 , has reviewed the proposed site plan and Xdesign specifications for such doublewide mobile home , and WHEREAS , this is a Type II action for which the Planning Board , acting as Lead Agency in environmental review , has determined that no further environmental review is necessary , now be it RESOLVED , That the Town of Danby Planning Board grants a Special Permit to Chris Becker to place a doublewide mobile home on Danby Tax Parcels # 29 . - 1 - 3 . 2 and # 29 . - 1 - 3 . 4 as proposed . A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Viscuso Aye Weitzel Aye Gagnon Nay Carried Phinney Proposal for a Subdivision : Harriet Moore submitted a Sketch Plan Review , for a proposed subdivision of a portion of Town of Danby Tax Parcel # 1 . - 1 - 19 . 2 near West Jersey Hill and West King Roads . She said the Phinneys would like to subdivide a portion of their land into five ( 5 ) lots . Discussion followed : Susan suggested Mrs . Moore work with the surveyor and prepare a conventional plat sketch showing five ( 5 ) or six ( 6 ) lots . Joel said he would like to know the status of Lick Brook with respect to the conventional plat . Daniel and Jeannette Malone Sketch Plan Review Daniel and Jeannette Malone have submitted a request for Hi subdivision of a 1 . 07 + / - acre lot from Town of Danby Tax Parcel No . 7 . - 1 - 32 . 132 , 4 . 64 acres total , located at the intersection of Troy and East Miller Roads , and a request for Special Permit to place a doublewide mobile home on said lot , Susan said that there is a small piece behind the Barrett property that would become land locked if this new lot is created . She has suggested that Ruby Malone submit a letter of intent that the sliver of land would be conveyed to either Daniel Malone or the Barrett property . r1 3 Planning Board Minutes June 17 , 1992 Susan asked the Planning Board to approve adjusted fees for the Malone subdivision request and special permit . Motion to Set Public Hearing for Malone Request A motion was made by Joel Gagnon and seconded by Paul Viscuso that the Planning Board set a public hearing for Monday , July 6 , 1992 at 7 : 30 P . M . for the Malone subdivision and Special Permit Application . A vote on the motion resulted as follows : Carried Unanimously P roposed Local Law Amending the Zoning Ordinance The Planning Board reviewed the Proposed Local Law Amending the Zoning Ordinace and the Board of Appeals . Motion to Set Public Hearing Date A motion was made by Joel Gagnon and seconded by Paul Viscuso that the Planning Board set a public hearing date for Monday , July 6 , 1992 at 8 : 00 P . M . for the Proposed. Local Law Amending the Zoning O rdinance Regarding the Board of Appeals . A vote on the motion resulted as follows : Carried Unanimously Keshishoglou Proposal The Planning Board reviewed a sketch plan submitted by John K eshishoglou for a proposed subdivision of Town of Danby Tax Map P arcel No . 4 . - 1 - 34 located on the corner of Troy Road and Nelson Road , into three ( 3 ) lots . The Planning Board recommended the applicant proceed at his option with a preliminary or final survey map to clarify acreage of the parcel prior to setting a public hearing date . Radin Proposal Marcia Radin has submitted a Sketch Plan Review for the proposed subdivision of Town of Danby Tax Parcel No . 9 . - 1 - 11 . 4 of eleven ( 11 ) acres located on Comfort Road , north of Lieb Road . The proposal is to subdivide the parcel into two lots . The Planning Board recommended that Marcia Radin proceed at her option with a preliminary or final survey map . H illview Terrace Mobile Home Park Expansion Proposal - Progress Report Mary Lou Hardesty introduced Attorney Rich John of Thaler and Thaler , Clifford and Loxie Hill ( introduced as former owners of H illview Terrace Mobile Home Park ) and William Albern ) . Attorney John said that it was his understanding that one of the issues regarding the Proposed Hillview Terrace Mobile Home Park E xpansion was what happened twenty ( 20 ) years ago . Attorney John submitted the following items for review : 1 ) A copy of the original map referred to in Resolution No . 18 of 1970 dated August 7 , 1970 . 2 ) A copy of a total sketch plan of the mobile home park dated August 7 , 1970 3 ) Letter from Mr . McKee ( surveyor ) regarding the original survey maps and sketch plan of the Planned Development District . Attorney John said Clifford and Loxie Hill were asked to attend the meeting tonight because , as he stated they were the 52 4 Planning Board Minutes June 17 , 1992 owners / developers of the mobile home park at the time the first phase of the PDD was approved . Attorney John said it was the Hardesty ' s understanding when the property was purchased from the Hill ' s that the whole Planned Development District was approved for mobile home park use . They would like to proceed with this proposal as Phase II rather than a entirely new zoning application . He said that he believes the history of the PDD bears that out and that ' s the way to proceed . The sketch plan was drawn up as a general idea of what the owner ' s might want to do with the area . The Hardesty ' s are willing to be flexible . Arch Dotson said that it was his understanding that the Town has no official record that the sketch plan was ever translated into final approval . Attorney John explained that there is Resolution # 16 that set the public hearing on the Planned Development District that was for a mobile court , # 17 created the Planned Development District as the description of the meets and bounds , and # 18 approves the construction of the existing park . The Hardesty ' s want to move forward with their proposal as Phase II of the development within the Planned Development District rather than going through the whole rezoning application process . J oel said that he thinks the sketch plan is a pretty clear statement of intent . D iscussion followed regarding the sketch plan . Susan said the sketch map does not appear to be specifically referred to in Resolution # 18 and resolution # 17 is trying to tie them together . Clifford Hill said the Town Board requested a general overall plan before they could get a detailed site plan approved . The whole farm was zoned mobile home park . Susan asked Mr . Hill if to the best of his knowledge , if the map dated August 7 , 1970 , and the sketch plan was presented to the Board . Clifford Hill said both maps were presented the Town Board . Approval of the site was dependent on the overall sketch plan and they were inter - connected . They had to state the complete intention for the completed project and submit a detailed map for Phase I of the construction ( which was completed ) . Discussion followed regarding the use of land in the PDD for residential housing that was not mobile homes . Attorney John said that with the evidence he has presented to the Planning Board he thinks it has been established as to what the intent of the Board was in 1970 and that he does not think a new zoning application is appropriate . What is needed is approval of Phase II . Motion to Seek Advice from Town Counsel A motion was made by Arch Dotson and seconded by Paul Viscuso that in view of this new information presented by Counsel for the Hardesty ' s , that the Planning Board seek the advice of Counsel for the Town and how to treat the remaining lands in the Planned Development District . D iscussion : J oel said that we still need clarification as to how to proceed . it ' 13 5 Planning Board Minutes June 17 , 1992 Chairperson Weitzel said that the proposed expansion is located in a different area than is shown for mobile homes on the overall sketch plan . We still need a new overall plan . A vote on the motion resulted as follows : Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 05 P . M . Respectfully submitted , ZSLJrJt) Carol W . Sczepanski Secretary min - 6 - 17 . 92