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Home My WebLink About1992-07-06 55 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING July 6 , 1992 PUBLIC HEARING - MALONE PROPOSAL P RESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , Bill Farrell , Ken Horst , Joel Gagnon , Paul Viscuso O thers Present : S ecretary - , Carol Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Ruby Malone , Eloise Barrett , Jeanette Malone , Danny Malone , Troy Malone , Mildred L . Miller , Earl Hicks , Cyndi Rich , Raymond Mayo , Sanford Miller , Bea Makarainen The public hearing was called to order by Chairperson Weitzel and the following Notice of Publication was read . TOWN OF DANBY P UBLIC HEARING NOTICE P LEASE TAKE NOTICE , that a public hearing will be held by the Town of Danby Planning Board on Monday , July 6 , 1992 at 7 : 30 P . M . , 1830 Danby Road , Ithaca , New York 14850 . Purpose of hearing is to consider the application of Daniel and Jeanette Malone to subdivide a 1 . 07 acre lot from the Town of Danby Tax Parcel # 7 . - 1 - 32 . 132 , located at the intersection of Troy Road and East Miller Road and to place a doublewide mobile home on said new lot . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . A special meeting of the Planning Board will follow the public hearing . By Order of the Planning Board Carol W . Sczepanski , Secretary D ated : June 26 , 1992 P ublished : June 30 , 1992 Chairperson Weitzel asked for comments from the public . Applicant Danny Malone - 127 South Street , Ithaca , New York addressed the Board and explained his proposed subdivision and said he is seeking a permit to place a doublewide mobile home on the new lot . Cyndi Rich - 640 Troy Road , Ithaca , New York asked if the mobile home would have a foundation under it and if the doublewide mobile home would depreciate the value of surrounding neighborhood properties . She is concerned about her property value and resale value . Sanford Miller - 229 East Miller Road , Ithaca , New York asked if the Town did not just drive a family out of this town because of the placement of a doublewide . Mr . Miller asked Mr . Farrell if he considered the pier and drivit foundation permanent enough for him . Mr . Farrell said there has been past discussion regarding this type of foundation for doublewide mobile homes and it was decided that the piers were sufficient . Metal skirting is not allowed . 56 2 Planning Board Minutes Public Hearing - Malone July 6 , 1992 E loise Barrett - 644 Troy Road , Ithaca , New York ( a daughter of Ruby Malone ) - She said she would like to express openly her appreciation to the Town for being sensitive to the needs of people for affordable housing and allowing the pier and foundation structure described . She would like to thank the people who had a part in making the adjustments so that people can afford to live in this community . B ea Makarainen - 292 East Miller Road , Ithaca , New York asked what is the regulation for lot size . E arl Hicks - 145 East Miller Road , Ithaca , New York said this has been informative . His concern is how a mobile home will affect the whole neighborhood . He would be very concerned if more mobile h omes were to move into the neighborhood . S usan Beeners recommended that the small strip of land behind the B arrett property be conveyed to one of the properties so that it does not create a landlocked slip . Mrs . Barrett said that she thought that the small strip of land was added at the final closing on her property . The second survey was in March 1991 . She will check her survey map . Raymond Mayo - of 315 Ridgecrest Road said in his opinion he thinks t he Planning Board should encourage people who have doublewides to put in some sort of strap down or tie down system . The cost of tie d owns is cheap insurance . Arch Dotson said that the determination of Planning Board was that it was good advice , it probably doesn ' t make that much difference in the original cost and it does not add that much difference in t he security . The decision was not unanimous . Mildred Miller - said that her deepest concern is how do you know t hat there is adequacy of water in the area . She and other neighbors have well water problems whenever new places are built and new wells drilled . Arch Dotson said the short answer is we don ' t know . D iscussion followed regarding water supply in the neighborhood . Motion to close public hearing : A motion was made by Paul Viscuso and seconded by Joel Gagnon to close the public hearing at 8 : 00 P . M . A vote on the motion resulted as follows : Carried Unanimously Respectfully submitted , &dej afat t" Carol W . Sczepanski Secretary phm - 7 - 6 . 01 l .1 7 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING July 6 , 1992 P UBLIC HEARING - PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS P RESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , Bill Farrell , Ken Horst , Joel Gagnon , Paul Viscuso Others Present : Secretary - Carol Sczepanski Code Enforcement Officer - Susan Beeners Members of the Public : Raymond Mayo The public hearing was called to order by Chairperson Weitzel at 8 : 12 P . M . and the following Notice of Publication was read . TOWN OF DANDY PUBLIC HEARING NOTICE PLEASE TAKE NOTICE , that a public hearing will be held by the Town of Danby Planning Board on Monday , July 6 , 1992 at 8 : 00 P . M . , 1830 D anby Road , Ithaca , New York 14850 . Purpose of hearing to consider a recommendation to the Town Board with respect to a proposed local law amending the zoning ordinance regarding the Board of Zoning Appeals . At such time and place all persons interested in the subject matter t hereof will be heard concerning the same . II A special meeting of the Planning Board will follow the public hearing . By Order of the Planning Board Carol W . Sczepanski , Secretary D ated : June 26 , 1992 P ublished : June 30 , 1992 Chairperson Weitzel asked for comment from the public present . N o public spoke at the hearing . Susan Beeners explained to the Planning Board that New York State Town Law recently changed the law relating to Board of Appeals , effective July 1 , 1992 . The new law clarifies procedures related to membership , mailings and notification and also criteria for use variances and area variances . A draft local law was presented to the Planning Board for their review and comment . Motion to close the public hearing A motion was made by Joel Gagnon and seconded by Arch Dotson to close the public hearing at 8 : 20 P . M . A vote on the motion resulted as follows : Carried Unanimously R44s9a1J ectfulsubmitted , XI J Carol W . Sczeski Secretary phm - 7 - 6 . 02 J 8 TOWN OF DANBY PLANNING BOARD MINUTES Special Meeting 8 : 20 p . m . July 6 , 1992 P RESENT : Chairperson Weitzel P lanning Board Members : Arch Dotson , Bill Farrell , Ken Horst , Joel Gagnon , Paul Viscuso ABSENT : Billy Kelley ( excused ) O thers Present : S ecretary : Carol Sczepanski Code Enforcement Officer : Susan Beeners Members of the Public : Raymond Mayo A special meeting of the Planning Board was called to order at 8 : 17 P . M . following public hearings : 1 ) Malone - Subdivision and Special Permit Application ; 2 ) Proposed Local Law Amending the Zoning Ordinance Regarding the Board of Appeals . The Planning Board reviewed the proposed local law entitled " A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE BOARD OF APPEALS " dated May 15 , 1992 . D iscussion followed regarding the need for a local law to enable o ur Board of Zoning Appeals to grant use variances and area ✓ ariances . RESOLUTION NO . 5 OF 1992 RECOMMENDATION TO THE TOWN OF DANBY TOWN BOARD - PROPOSED LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE REGARDING THE BOARD OF ZONING APPEALS B y Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is the Consideration of a Recommendation to t he Town of Danby Town Board with respect to a proposed Local Law Amending the Zoning Ordinance regarding the Board of Zoning Appeals , and WHEREAS , the consideration of such Local Law is an Unlisted Action for which the Town of Danby Town Board is acting as Lead Agency for e nvironmental review , and WHEREAS , the Town of Danby Planning Board and the Tompkins County P lanning Department are involved agencies in environmental review , and WHEREAS , the Town of Danby Planning Board , at Public Hearing on J uly 6 , 1992 , has reviewed a proposed draft entitled " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals " , and t he Assessment Form and draft environmental review prepared by the Code Enforcement Officer , now , therefore be it RESOLVED , that the Town of Danby Planning Board recommends to the Town Board that a negative determination of environmental significance be made for said proposed draft entitled " Local Law Amending the Zoning Ordinance Regarding the Board of Appeals , " and ✓ ecommends to the Town Board that said proposed draft be approved . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye H orst Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously r. 1 2 Planning Board Minutes July 6 , 1992 Malone - Subdivision Application A public hearing was held at 7 : 30 P . M . on July 6 , 1992 to consider t he application of Daniel and Jeanette Malone to subdivide a 1 . 07 acre lot from the Town of Danby Tax parcel 37 . - 1 - 32 . 132 , located at the intersection of Troy Road and East Miller Road and to place a doublewide mobile home on said lot . D iscussion followed regarding drainage in the area and possible future development . RESOLUTION NO . 6 OF 1992 RESOLUTION TO APPROVE - SEQR - MALONE SUBDIVISION B y Arch Dotson : Seconded by Joel Gagnon WHEREAS , This action is the Consideration of Subdivision Approval for the proposed subdivision of a 1 . 07 acre lot from the Town of D anby Tax Parcel # 7 . - 1 - 32 . 132 , located at the intersection of Troy Road and East Miller Road , and WHEREAS , This is an Unlisted action for which the Planning Board is acting as Lead Agency in environmental review and for which no coordinated review is required , and WHEREAS , The Planning Board , at Public Hearing on July 6 , 1992 , has ✓ eviewed the Environmental Assessment Form and draft environmental ✓ eview prepared by the Code Enforcement Officer , now be it RESOLVED , That the Town of Danby Planning Board , acting as Lead Agency in environmental review of this Unlisted action , makes a n egative determination of environmental significance for this action , conditional upon the consolidation of a 47 + / ' - by 150 + / ' strip north of the proposed 1 . 07 acre lot with said lot or with an adjacent lot prior to any further subdivision of the parent parcel . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon , Aye H orst Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously RESOLUTION NO . 7 OF 1992 RESOLUTION - APPROVAL OF MALONE SUBDIVISION B y Joel Gagnon : Seconded by Arch Dotson WHEREAS , This action is the Consideration of Subdivision Approval for the proposed subdivision of a 1 . 07 acre lot from the Town of D anby Tax Parcel # 7 . - 1 - 32 . 132 , located at the intersection of Troy Road and East Miller Road , and WHEREAS , This is an Unlisted action for which the Planning Board o n July 6 , 1992 , acting as Lead Agency in the environmental review , h as made a negative determination of environmental significance , with certain conditions , and WHEREAS , The Planning Board , at Public Hearing on July 6 , 1992 , has ✓ eviewed the proposed subdivision plat entitled , " Survey Map of a P ortion of Lands of Cecil A . and Ruby L . Malone , showing 1 . 07 + / - acre parcel to be conveyed , Troy Road , town of Danby , Tompkins County , New York " dated January 13 , 1992 , by Clarence W . Brashear , L . S . , now ; be it RESOLVED , That the Town of Danby Planning Board , grants Final S ubdivision approval to the proposed subdivision as presented , conditional upon the consolidation of a 47 + / - ' by 150 + / - ' strip n orth of the proposed 1 . 07 acre lot with said lot or with an adjacent lot prior to any further subdivision of the parent parcel . 60 3 Planning Board Minutes July 6 , 1992 A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye H orst Aye ✓ iscuso Aye W eitzel Aye Carried Unanimously Motion to Authorize Code Enforcement Officer to Approve Consolidation of Small Strip - Malone Property A motion was made by Ken Horst and seconded by Arch Dotson that the P lanning Board authorize the Code Enforcement Officer be empowered t o approve the consolidation of the 47 + / - ' by 150 + / - ' strip north o f the proposed 1 . 07 acre lot with said lot or with an adjacent lot prior to any further subdivision of the parent parcel . Carried Unanimously RESOLUTION NO . 8 OF 1992 RESOLUTION - APPROVAL OF MALONE SPECIAL PERMIT - DOUBLEWIDE B y Paul Viscuso : Seconded by Arch Dotson WHEREAS , This action is the Consideration of granting a Special P ermit pursuant to the application of Daniel and Jeannette Malone t o place a doublewide mobile home on a proposed new lot located on a portion of the Town of Danby Tax Parcel # 7 . - 1 - 32 . 132 , located at t he intersection of Troy road and East Miller Road , and WHEREAS , This is a Type II action for which the Planning Board , acting as Lead Agency in environmental review , has determined that n o further environmental review is required , and WHEREAS , the Planning Board on July 6 , 1992 has granted Final Subdivision Approval with certain conditions , for the subdivision o f a 1 . 07 acre lot from the Town of Danby Tax Parcel 37 - 1 - 32 . 132 , intended to be the site of the proposed doublewide mobile home , and W HEREAS , the Planning Board , at Public Hearing on July 6 , 1992 , h as reviewed the site plan and other submissions of the Special P ermit application , now be it RESOLVED , that the Town of Danby Planning Board grant and hereby d oes grant a Special Permit pursuant to the application as presented . D iscussion followed : J oel Gagnon said he wanted to address the question of anchorage of t he building on the foundation . He thinks anchorage is cheap insurance . K en Horst said that the Planning Board had granted approval for d oublewide mobile homes without the anchorage and does not see how it would be possible to set a standard for this one if others had been approved previously . Chairperson Weitzel said that nothing is permanently anchored and does not think it is necessary to require anchorage as a form of insurance . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye H orst Aye ✓ iscuso Aye Weitzel Aye G agnon Nay Carried I 4 Planning Board Minutes July 6 , 1992 COMMUNICATIONS : Chairperson Weitzel read a letter of June 29 , 1992 from Tompkins County Planning Circuit Rider , Jeanne Barrett , regarding training sessions for Local Planning Officers . A questionnaire was enclosed requesting each municipality for suggestions on topics for training sessions . She suggested that the Planning Board submit the enclosed questionnaire as a group . ADJOURNMENT : On a motion the meeting adjourned at 9 : 30 P . M . Respectfully submitted , Carol W . Scze ki , Secretary min - 7 - 6 . 92