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Home My WebLink About1993-04-21 I TOWN OF DANBY PLANNING BOARD PUBLIC HEARING April 21 , 1993 7 : 25 P . M Public Hearing - Haskins PRESENT : Chairperson Weitzel P lanning Board Members : Bill Farrell , Joel Gagnon , Ken Horst Paul Viscuso ABSENT : Arch Dotson ( excused ) Billy Kelley Others Present : S ecretary - Carol Sczepanski Code Enforcement Officer - Susan Beeners Frank Haskins - Applicant Members of the Public : E dw . M . Roberts , Patrick R . Whirley , Richard J . Marisa , Jeff G oldner , Dale and Valerie Burgess , Les Jinks , Richard Moore , Lamar H errin Chairperson Weitzel called the public hearing to order at 7 : 25 and read the following publication notice : NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the P lanning Board of the Town of Danby on Wednesday , April 21 , 1993 at 7 : 25 P . M . , Danby Town Hall , 1830 Danby Road , Ithaca , New York 14850 . Purpose of hearing is to consider the approval of the proposed subdivision of Town of Danby Tax Parcel No . 17 . - 1 - 9 , 1 . 89 acres total , located at the northeast corner of Brown Road at S tation road , into two parcels of 1 . 08 and 0 . 81 acres , respectively Frank W . and Vivian Haskins , owners / applicants . At such time and place all persons interested in the subject matter t hereof 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 Chair Carol W . Sczepanski , Town Clerk D ated : April 9 , 1993 Published : April 16 , 1993 The Code Enforcement Officer submitted an Affidavit of Notification of Public Hearing to neighboring property owners . Chairperson Weitzel opened the floor for comment from the public present . No public addressed the Planning Board . Motion to Close Public Hearing : A motion was made by Joel Gagnon and seconded by Bill Farrell to close the public hearing at 7 : 35 P . M . Carried Unanimously Respectfully submitted ELIaLcz ' Carol W . S nski Secretary phm - 4 - 21 . 01 108 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - FIELDSTONE CIRCLE April 21 , 1993 PUBLIC HEARING FIELDSTONE CIRCLE PRESENT : Chairperson Weitzel P lanning Board Members : Bill Farrell , Joel Gagnon , Ken Horst , Paul Viscuso ABSENT : Arch Dotson ( excused ) B illy Kelley Others Present : Councilperson Rich Marisa S ecretary - Carol Sczepanski Code Enforcement Officer - Susan Beeners Applicant - Scott Hoffay Members of the Public : E dw . M . Roberts , Alison Shaw , Jeff Goldner , Richard Moore , Lamar H errin , Dale and Valerie Burgess , Les Jinks Chairperson Weitzel called the public hearing to order at 7 : 35 P . M . and read the following Notice of Publication . NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the Planning Board of the Town of Danby on Wednesday , April 21 , 1993 at 7 : 30 P . M . , Danby Town Hall , 1830 Danby road , Ithaca , New York 14850 . Purpose of hearing is to consider reaffirmation of Final Site Plan and Final Subdivision Plan approval for the proposed " Fieldstone Circle Subdivision " , proposed to be located in Planned Development Zone No . 12 , on Danby Road south of Muzzy Road , Town of Danby Tax Map Parcel No . 2 . - 1 - 49 . 3 . Elizabeth Grisanzio , owner ; Scott Hoffay , applicant . 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 hearing . By Order of the Planning Board Carol W . Sczepanski , Town Clerk Dated : April 9 , 1993 Published : April 16 , 1993 Code Enforcement Officer , Susan Beeners submitted the Affidavit of Mailing for Notification of neighboring property owners . Chairperson Weitzel opened the floor for public comment . Les Jinks - 1465 Danby Road - said he was concerned because the project was approved over one year ago and has not started . Mr . Jinks asked if the applicant had funding for the entire proposed project and if there will be bonds posted so that if the development is not completed the Town residents will not have to pay for reverse construction . Susan Beeners explained that Mr . Hoffay missed the filing date time ✓ equirement of the Final Plat and there are no changes in the project from when it was approved by the Planning Board and the ,Town Board . There are proceedures for extensions and requests for ✓ eaffirmations fortspbdivisions . If the Planning Board reaffirms approval of the project , the Town Board will execute the agreements ✓ elated to the open space and before construction can begin there would have to be financial guarantees placed . X07 2 Public Hearing Minutes Fieldstone Circle April 21 , 1993 Applicant Scott Hoffay said that they are in the process of obtaining financing . It is not a simple process . He explained t hat they are working through the system and it takes a long time . If financing is approved it is possible that the project could start within the next sixty ( 60 ) days . Mr . Hoffay said the plan is t o build six ( 6 ) houses per year . D iscussion followed regarding the availability of water for the development . Richard Moore - 125 Muzzy Road - asked that if it is necessary to h ave municipal water and sewer for this development would everyone in the Town be taxed . Councilperson Marisa - said that the Town has a municipal water system in West Danby and that only the residents in that benefit d istrict pay the benefit tax . The tax is based on assessed value of the property . Susan Beeners said that testing on the availability of water was d one and there was no evidence to indicate that the development of Fieldstone Circle was going to have an impact on the water availability . The water table in the area is variable and well d epths vary . Alison Shaw - 66 Muzzy Road asked how much open space was required by the Town for a development . Valerie Burgess - 17 Muzzy Road asked if there were plans for the field than is next to her house . Mr . Hoffay responded that is the field next to the Burgess property is his horse pasture and that is basically what is planned for that area . Allison Shaw - 66 Muzzy Road asked what lighting was planned for t he development . Motion to Close Public Hearing : A motion was by Joel Gagnon and seconded by Bill Farrell to close t he public hearing at 8 : 10 P . M . Carried Unanimously Respectfully submitted ailte -24Wetiamit; Carol W . Scz p nski Secretary phm - 4 - 21 . 02 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 8 : 00 P . M . April 21 , 1993 PRESENT : Chairperson Weitzel P lanning Board Members : Bill Farrell , Joel Gagnon , Ken Horst , Paul Viscuso ABSENT : Arch Dotson ( excused ) B illy Kelley Others Present : Secretary - Carol Sczepanski Code Enforcement Officer - Susan Beeners Kenneth Thompson - Division of Solid Waste Members of the Public : Edw . M . Roberts Chairperson Weitzel called the meeting to order and introduced Kenneth Thompson , Assistant Solid Waste Manager of Tompkins County Solid Waste Division to the Planning Board and members of the public . Kenneth Thompson addressed the Planning Board and reported on the progress of the Landfill Capping Project for the H ' llview Road Landfill . Mr ,71 rt�4 ' nrns explained the Landfill ��? 7 Project and said the County intends to follow the plans that were submitted to New York State . Capping of the landfill started in late June or early July of 1992 . D iscussion followed : J oel Gagnon said that the Planning Board had not had the opportunity to see the actual Reclamation Plans , Pla ns . .Ir n the—ua i -�1 _ _ 1 - • - ° e - 6Z is )V in eve / rd5nafett4 Is Mr . Thompson said that the County expanded the borrow areas oti--t- - "j /or without taking into consideration zoning issues . abs Ti �;u�SHe said that the County would be happy to share any plans that the 04 Town may require or whatever it is that you need to feel comfortable with for the mining occurring in this area . Joel asked Mr . Thompson to supply a map that will show the final grades and specifications and that show what will be done to re - establish the top soil layers . Thitorsonayeei toeto so . Corrections to March 31 , 1993 Planning Board Minutes 1 ) Page 2 - 2nd paragraph - add the word " and " after status change ; i 2 ) Page 2 - 2nd paragraph from end - - add the word " with " after the word case 3 ) Page 3 - last paragraph - delete the word " to " and add the words " are determined " after boundaries . Delete the word " will " and replace with the word " may " . 4 ) Page 4 - 1st paragraph - - delete the word " that " . 5 ) Page 4 - under Proposed Subdivision - Haskins - - delete the sentence " If approved this would be an approval of a non - conforming use . " Approval of March 31 , 1993 Planning Board Minutes A motion was made by Paul Viscuso and seconded by Joel Gagnon to approve the March 31 , 1993 Planning Board Minutes as corrected . Carried Unanimously _221. 2 Planning Board Minutes April 21 , 1993 B ristol / Mayo Subdivision Application The Planning Board reviewed the Bristol / Mayo Subdivision site plan for a proposed ' clustered ' subdivision of two ( 2 ) lots located on Town of Danby Tax Parcels 3 . - 1 - 9 . 5 and 3 . - 1 - 9 . 6 , 9 . 89 + / - acres and a request for a Special Permit to construct a 900 sq . ft . workshop t o be attached to a portion of Tax Parcel No . 3 . - 1 - 9 . 5 . Raymond Mayo , owner of Tax Parcel No . 3 . - 1 - 9 . 6 ; Mark Bristol , owner of Tax P arcel No . 3 . - 1 - 9 . 5 and agent for the application . D iscussion followed regarding the request for a special permit to construct a building for home occupation use . Public Hearing Scheduled - Bristol / Mayo A Public Hearing for the Bristol / Mayo Proposal was tentatively scheduled for Wednesday , May 19 , 1993 at 7 : 15 P . M . West Jersey Hill Acres - Phinney Chairperson Weitzel reported that a letter has been sent to the Charles and Eloise Phinney regarding West Jersey Hill Acres . PROPOSED MOSHER SUBDIVISION The Planning Board has received a request from Barbara Mosher to appeal the zoning regulations regarding the minor property line change in the property of Bertha Mosher and the line of Carl and B arbara Mosher and to waive the sixty dollar ( $ 60 . 00 ) fee for public hearing . D iscussion followed regarding staff time for review of the proposal and preparation of materials related to the proposal . APPROVAL OF MOSHER SUBDIVISION RESOLUTION NO . 5 OF 1993 B y Joel Gagnon : Seconded by Paul Viscuso WHEREAS , this action is the consideration of approval of the proposed transfer of a 6000 + / - sq . ft . strip from Town of Danby Tax Parcel # 8 . - 1 - 12 . 2 to # 8 . - 1 - 12 . 12 , and the proposed transfer of a 6000 + / - sq . ft . strip from Town of Danby Tax Parcel # 8 . - 1 - 12 . 12 to # 8 . - 1 - 12 . 2 , located on the west side of Comfort Road , south of W est Miller Road , and WHEREAS , this is a Type II action for which no environmental review is required , and WHEREAS , the Planning Board has on April 21 , 1993 reviewed a letter d ated April 12 , 1993 from Barbara Mosher , a part - owner of # 8 . - 1 - 12 . 12 , which letter in essence requests that the Planning Board w aive the public hearing and the $ 60 . 00 application fee normally ✓ equired for such a subdivision , and WHEREAS , Section 110 of the Town of Danby Subdivision Regulations provides that the Planning Board may waive certain provisions of t he Subdivision Regulations when the strict application of such provisions would cause unnecessary or significant hardship or practical difficulties , and WHEREAS , the proposed subdivision is considered to be a minor boundary adjustment and involves no new development , now be it RESOLVED , that the Town of Danby Planning Board waives the public h earing requirement for the above described subdivision , and grants approval to the proposed subdivision , conditional upon the approval o f the final survey map by the Planning Board Chairperson , and conditional upon payment of a reduced fee reflecting the costs actually incurred as of April 21 , 1993 for the processing of the application . 222 3 Planning Board Minutes April 21 , 1993 A roll call vote on the resolution resulted as follows Farrell Aye G agnon Aye H orst Aye Viscuso Aye Weitzel Aye Carried Unanimously RESOLUTION NO . 6 OF 1993 S EQR DETERMINATION -HASKINS SUBDIVISION B y Joel Gagnon : Seconded by Paul Viscuso WHEREAS , this action is the consideration of approval of the proposed subdivision of Town of Danby Tax Parcel No . 17 . - 1 - 9 , 1 . 89 acres total , located at the northeast corner of Brown Road at S tation road , into two parcels of 1 . 08 and 0 . 81 acres , respectively , Frank W . and Vivian Haskins , owners / applicants , 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 the following Public Hearing on April 21 , 1993 , has reviewed the Environmental Assessment Form and draft environmental review prepared by the Code Enforcement O fficer , now be it RESOLVED , that the Town of Danby Planning Board , acting as Lead Agency in environmental review of this Unlisted action , makes a negative determination of environmental significance for this action . A roll call vote on the resolution resulted as follows : Farrell Aye Gagnon Aye H orst Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously RESOLUTION NO . 7 OF 1993 APPROVAL OF HASKINS SUBDIVISION B y Joel Gagnon : Seconded by Ken Horst WHEREAS , this action is the consideration of approval of the proposed subdivision of Town of Danby Tax Parcel No . 17 . - 1 - 9 , 1 . 89 acres total , located at the northeast corner of Brown Road at S tation Road , into two parcels of 1 . 08 and 0 . 81 acres respectively , Frank W . and Vivian Haskins , owners / applicants , and WHEREAS , this is an Unlisted action for which the Planning Board on April 21 , 1993 , acting as Lead Agency in environmental review has made a negative determination of environmental significance , and WHEREAS , the Planning Board , at and following Public Hearing on April 21 , 1993 , has reviewed a map entitled " SURVEY MAP , NO . 541 B ROWN ROAD AND NO . 54 WEST DANBY DEPOT ROAD " , dated April 7 , 1993 , now be it RESOLVED , that the Town of Danby Planning Board grants Preliminary and Final Subdivision approval to the proposed subdivision as presented . A roll call vote on the resolution resulted as follows : Farrell Aye G agnon Aye H orst Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously 113 4 Planning Board Minutes April 21 , 1993 Fieldstone Circle Proposal for Reaffirmation J oel said that there are inconsistencies in the Covenants , The Agreement with the Town and the SEQR Review . He would like to see t he Review Board continued after the project is completed to enforce the buffers and lighting . D iscussion - SEQR Forms Part I and Part II J oel suggested the following changes on the SEQR Forms : P age No . 8 - Item 10 - Impact on Agricultural Land Resources - YES - Small to Moderate Impact P age No . 9 - Other Impacts - Conversion of more than 10 acres of land formerly used agriculturally - small to moderate P age No . 2 of the Site Description - 22 acres of agricultural Land omitted in Project Information . Special Working Meeting Requested Chairperson Weitzel requested that a Special Working Session of the ($ ' S nw 0 ; • • P lanning Board be scheduled for Monday , June 7 , 1993 at 7 : 30 P . M . ADJOURNMENT : O n a motion the meeting adjourned at 11 : 30 P . M . Respectfully submitted &dzi4;raL• Carol W . Sczepanski Secretary min - 4 - 21 . 93