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HomeMy WebLinkAbout1993-08-18 146 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P . M . August 18 , 1993 PRESENT : _ Chairperson Weitzel Planning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Don Schaaf , Paul Viscuso ABSENT : K en Horst ( Excused ) Others Present : Secretary : Carol Sczepanski Code Enforcement Officer : Susan Beeners Members of the Public : E dw . M . Roberts , Glen Harrington , Eloise Greene , Mildred Miller , Mary Lou Hardesty , Ric Dietrich , Rosa Lee Johnson , John Benjamin , J udy Tagliavento Chairperson Weitzel called the meeting to order at 7 : 50 P . M . Approval of August 5 , 1993 Public Hearing Minutes - 01 - Wilbur Lumber Company A motion was made by Paul Viscuso and seconded by Arch Dotson to approve the August 5 , 1993 Public Hearing Minutes - Wilbur Lumber Company - 01 as published . Carried Unanimously Approval of August 5 , 1993 Public Hearing Minutes - 02 - Hovanec A motion was made by Don Schaaf and seconded by Arch Dotson to approve the August 5 , 1993 Public Hearing Minutes - Hovanec - 02 as amended . Carried Unanimously Approval of August 5 , 1993 Public Hearing Minutes - 03 - Angelheart Design A motion was made by Joel Gagnon and seconded by Arch Dotson to approve the August 5 , 1993 Public Hearing Minutes - 03 - as amended . Carried Unanimously Corrections to August 5 , 1993 Special Meeting Minutes 1 ) Add resolution No . 18 of 1993 2 ) Page 3 - under Angelheart Barn Renovation - delete [ said that ] insert offered a ; ( To be approved at the September 15 , 1993 Meeting ) COMMUNICATIONS : Chairperson Weitzel read the following communications : 1 ) Letter from Eloise Phinney - New Agent - Edith Spaulding - ( to be placed in Phinney Proposal file ) 2 ) August 4 , 1993 - New York State Press Release - NYS L egislative Commission on Rural Resources - New Commuinity P lanning Proposals Become Law . 3 ) Town of Danby Town Board Resolution No . 35 - REQUEST TO TOWN O F DANBY PLANNING BOARD - PUBLIC NOTICE REQUIREMENTS TOWN BOARD RESOLUTION NO . 35 OF 1993 - REQUEST TO TOWN OF DANBY PLANNING BOARD - PUBLIC NOTICE REQUIREMENTS Chairperson Weitzel presented the following Town of Danby Town Board Resolution No . 35 of 1993 for discussion : RESOLUTION NO . 35 OF 1993 REQUEST TO TOWN OF DANBY PLANNING BOARD - PUBLIC NOTICE • REQUIREMENTS By. Councilperson Miller : Seconded by Rich Marisa WHEREAS , the Town of Danby Zoning Ordinance requires neighbor 147 2 Planning Board Minutes August 18 , 1993 notification of public hearing for certain development proposals be mailed byu applicants , and WHEREAS , Town of Danby residents have reported to members of t he Town Board that they have not received notice of public h earing , or did not understand the legal language contained in t he notice of publication , now be it RESOLVED , that the Town of Danby Town board formally requests , e ffective at the August 18 , 1993 Planning Board Meeting , that t he Planning Board consider the Town Board request that n eighbor notification of public hearing for certain development proposals be made by the Town , and be it further RESOLVED , that the neighbor notification sent to individual ✓ esidents be written in layman ' s terms indicating the nature o f the project , date , time place the public hearing will take place . D iscussion followed : J oel Gagnon asked if the Planning Board had the authority to change the rules for neighbor notification . S usan Beeners explained that a change in the Zoning Ordinance and Subdivision Regulations would require two ( 2 ) public hearings . In the interim an applicant can sign a statement requesting the Town to send out informative notification to neighbors and to approve posting of public notice signs on the site . RESOLUTION NO . 19 OF 1993 INTERIM PROCEDURES RELATED TO PUBLIC NOTIFICATION By Joel Gagnon : Seconded by Paul Viscuso WHEREAS , the Town of Danby Planning Board on August 18 , 1993 has reviewed and has duly considered Town Board Resolution No . 35 of 1993 " Request to Town of Danby Planning Board - Public Notice Requirements " related to public notice requirements , and WHEREAS , the Planning Board is in the process of preparing a package of revisions to the Zoning Ordinance and Subdivision Regulations , which revisions will entail a period of time to complete , now be it RESOLVED , that the Planning Board accepts the request of the Town Board and will adopt certain procedures in the interim , such procedures being Type II for SEQR purposes , and as follows : At the request and the consent of the applicant , for a proposed action , Town staff will send out informative notifications to neighboring property owners within the distance criteria set forth in the Zoning Ordinance and Subdivision Regulations . At the request and the consent of the applicant , Town staff will arrange the posting of public notice signs on the involved property in the vicinity of the proposed action site , beginning when such signs have been printed and made available . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye S chaaf Aye ✓ iscuso Aye Weitzel Aye Carried Unanimously 148 3 Planning Board Minutes August 18 , 1993 P roposed Camelot Subdivision G len Harrington presented the Planning Board with an update of the P roposed Camelot Subdivision . The DEC has flagged the 990 line on t he topographical map as the wetlands boundary . Mr . Harrington has revised some of the lot lines and increased lot sizes and he would like to move the project proposal for public hearing as soon as possible . A stream shown on the 1969 map does not cross the road . It is a seasonal stream that follows along the roadway . S usan told Mr . Harrington that before a public hearing can be scheduled on the Proposed Camelot Subdivision he must submit a ✓ evised map of the project and the SEQR Part I must be completed . N eighbors have contacted her with concerns relating to site safety o f the proposed driveways on both Hillview Road and the acceleration lane on Route 34 / 96 . S usan explained to Mr . Harrington that for Planning Board purposes t he acceleration lane can be considered road frontage on both the " Qualifying Plat " and the " Alternative Cluster Plat " . Motion to Authorize Chair to Schedule Public Hearing A motion was made by Joel Gagnon and seconded by Bill Farrell to authorize the Planning Board Chair to schedule a public hearing for t he Proposed Camelot Subdivision when completed application materials have been submitted to the Code Enforcement Officer and a confirmation letter from DEC of the wetlands boundaries has been received . A roll call vote on the motion resulted as follows : D otson Aye Farrell Aye G agnon Aye S chaaf Aye ✓ iscuso Aye W eitzel Aye Carried Unanimously General Site Plan Review - Hillview Terrace Subdivision and Mobile Home Park Expansion Mary Lou Hardesty submitted a Revised General Site Plan for " Hillview Terrace Subdivision and Mobile Home Park Expansion dated August 1993 . She asked the Planning Board for comments on the revisions so that she can proceed for public hearing . The proposal is for thirty - one ( 31 ) units , fifteen ( 15 ) doublewides and sixteen ( 16 ) single wides . Joel Gagnon expressed concern that in the future residents may request the Town to take over the road . Don Schaaf said that although a shared drive may be a concern , it would be a simple solution to make deed restrictions on the property . He does not see that as a reason not to develop on the property as all roads are common drives . If there is a need to get some feed back rom the Town Board it should be done in a way to encourage tax base . Mary Lou said that at our last meeting density was discussed and she thinks this Site Plan is within the overall density suggested . The average density for the added lots is 2 . 9 acres . Susan said that the area is surrounded by low density . She referred to the area geographical maps on the board showing a large amount of wetlands , steep slopes in the area and New York State Forest Lands . Much of the area would never be developed and the area would remain low density . 149 4 Planning Board Minutes August 18 , 1993 N ancy Weitzel said that the whole area must be taken into cosideration not just the lands within the Planned Development . Ric Dietrich said that he likes the top part of the new plan and does not see any major problems with it . He thinks there may be three issues with the bottom part - - 1 ) question of density ; 2 ) septic ; 3 ) relationship in terms of well water . He would like the layout better if the bottom part was turned into something more like the top part . E dw . Roberts said for the record " I remember that the mobile home park was approved for one - hundred ( 100 ) units with twenty - six ( 26 ) o n the first phase . Now they are requesting thirty - one ( 31 ) more . The Town has been hasselling these people for three ( 3 ) to four ( 4 ) years now and he thinks it is time the Board sat down and did some approving and not all this hasselling by one person on this Board . H e said that ' s why things are not getting done . There may be some bad things with this proposal , but they bought it with the intension of being able to increase it and the park has been improved tremendously . " Arch Dotson responded to Mr . Roberts and said that we accept his ✓ iew and will proceed as expediciously as possible . P aul Viscuso responded that some members of the Planning Board feel that you ( Mr . Roberts ) have valid concerns and William Farrell agreed . J oel Gagnon said that it was a really nice plan but he wishes it wasen ' t here . • Nancy said that you have to consider a plan where the people are proposing it . D on Schaaf said that it makes sense to place a mobile home park n ext to were there is already one existing . S usan suggested that the Planning Board consider a public hearing t o get public reactions . Before the proposal is passed to the Town B oard lot lines must be included . S usan said that she does not know if this proposal can be a planned. d evelopment zone that contains a mobile home park and a subdivision all in one planned development or if there must be a mobile home park zone drawn . Susan will get clarification from the Attorney for the Town . Motion to Authorize Chairperson Weitzel to Schedule Public Hearing - Hillview Terrace Subdivision and Mobile Home Park Expansion Proposal A motion was made by Joel Gagnon and seconded by Don Schaaf to authorize Chairperson Weitzel to schedule a Public Hearing for the Hillview Terrace Mobile Home Park Proposal when the Code Enforcement Office has received the following : • 1 ) Clarification from the Attorney for the Town for the Planned Development Zone 2 ) New and Revised SEQR 3 ) General Plan showing topographical survey and fifty foot buffers A roll call vote on the motion resulted as follows : D otson Aye Farrell Aye G agnon Aye S chaaf Aye Viscuso Aye W eitzel Aye Carried Unanimously 150 5 Planning Board Minutes August 18 , 1993 Community Council Request for Special _ Permit S usan Beeners said that Community Council has requested a Special P ermit for use of the building and property located at 467 Troy Road for the Danby Motor Development , After School and Summer • Recreation Programs . They need space where they can operate all t hree ( 3 ) programs . J udy Tagliavento , President of Community Council said they are in need of space for their programs . New York State did not issue the Ithaca City School District a Certificate of Occupancy for the D anby Elementary School building . Community Council has an option t o rent ( lease ) the building and propertyu on Troy road for two ( 2 ) years . They and are asking for a Special Permit to change the use of the building and that it meets the space requirements needed for t he programs . S usan said that the application is for special permit use and the following must be submitted to the Code Enforcement Office : 1 ) Written description of the programs including hours of operation 2 ) Site plan ( diagram of area ) • 3 ) SEQR Form and short EIF 4 ) Special Permit Fee ( $ 100 ) 5 ) Perk Test Report Motion to Schedule Public Hearing - Community Council Special P ermit A motion was made by Joel Gagnon and seconded by Paul Viscuso to schedule a public hearing for the Community Council Special Permit P roposal for Monday , August 30 , 1993 at 7 : 30 P . M . A roll call vote on the motion resulted as follows : D otson Aye Farrell Aye G agnon Aye Schaaf Aye Viscuso Aye W eitzel Aye Carried Unanimously O ther Items : Resignation of Paul Viscuso Arch Dotson said that he will write a resolution of appreciation on behalf of the Planning Board to present to Paul Viscuso . Paul resigned from the Planning Board effective August 31 , 1993 . ADJOURNMENT : On a motion the meeting adjourned at 10 : 00 P . M . Respeccttfusubmitted aCarol W . Sc e nski Secretary