HomeMy WebLinkAbout1994-01-19 2. L
1 Planning Board Minutes
January 19 , 1994
TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 7 : 30 P . M . January 19 , 1994
PRESENT :
Chairperson Weitzel
P lanning Board Members : William Farrell , Joel Gagnon , Eloise
G reen , Don Schaaf
ABSENT :
Arch Dotson ( Excused )
K en Horst
O thers Present :
S ecretary - Carol Sczepanski
Code Enforcement Officer - Susan Beeners
Members of the Public :
Mary Lou Hardesty
B rayton Foster
The meeting was called to order at 7 : 35 P . M . by Chairperson
Weitzel .
Privilege of the Floor
J oel Gagnon reported that the Town Board at its last meeting
arranged to have Carol Sczepanski publish a condensed version of
Town Board Minutes in the Danby Area News and asked that the
P lanning Board minutes could be included in the publication .
Town Hall Building Committee
J oel asked if there was anything new with the Town Hall Building
Committee . He said he is more than a little miffed because it
h appened without consulting with the Planning Board .
Susan Beeners reported that Supervisor Oltz has appointed a
committee to look at various options , i . e . keep this building , add
o n to this building , build a totally new building , etc . The charge
t o the committee also included getting public participation , and
making monthly reports to the Town Board . One of the Planning
B oard on the committee could keep this Board apprised as a routine
✓ eport .
COMMUNICATIONS :
1 ) Tompkins County Committees :
Tompkins County Water Quality Strategy Plan Watershed Rules &
Regulations Task Group
Water Quality Education Committee
Ill Tompkins County Water Quality Strategy Committee
2 ) Letter from Doug Macki - well water information .
3 ) Letter ( s ) responding to Jennifer Bell and Doug Macki from
Brayton Foster .
Correction to October 20 , 1993 Planning Board Minutes
P age 2 - Approval of September 15 , 1993 Minutes - delete 2nd
( Planning Board Minutes ) . . as corrected .
P age 5 - To make clearer - Under Don Schaaf said - delete ( said
t hat in regard to her comment as to whether or not the persons were
t he same doesn ' t elude to the fact that there were ) and add
✓ esponded to Eloise Green that it doesn ' t matter whether the names
202
2 Planning Board Minutes
January 19 , 1994
on the petition were the same on the petition
Approval of October 20 , 1993 Planning_ Board Minutes
A motion was made by William Farrell and seconded by Don Schaaf to
approve the October 20 , 1993 Planning Board minutes as corrected .
Carried Unanimously Y
Correction to October 20 , 1993 Planning Board Public Hearing
Minutes
A motion was made by Joel Gagnon and seconded by Bill Farrell to
approve the October 20 , 1993 Planning Board Minutes as corrected .
Carried Unanimously
Approval of October 20 , 1993 Public Hearing Minutes - Hill
Subdivision
A motion was made by Joel Gagnon and seconded by William Farrell to
approve the October 20 , 1993 Public Hearing Minutes for Hill
Subdivision as published .
Carried Unanimously
Approval of October 20 , 1993 Public Hearing Minutes - Pollack
Subdivision
A motion was made by Joel Gagnon and seconded by Don Schaaf to
approve the October 20 , 1993 Public Hearing Minutes for Pollack
Subdivision as published .
Carried Unanimously
Approval of October 28 , 1993 Planning Board Minutes - Special
Meeting HL .
A motion was made by Joel Gagnon and seconded by William Farrell to
approve the October 28 , 1993 Planning Board Minutes as published .
Correction to November 17 , 1993 Public Hearing Minutes -
McCabe / Jayne
Page 2 - under Christine Decker - delete ( for four ) and add to have
four
Approval of November 17 , 1993 Public Hearing - McCabe / Jayne
A motion was made by Joel Gagnon and seconded by Don Schaaf to
approve the November 17 , 1993 Public Hearing Minutes for the
McCabe / Jayne proposal as corrected .
Carried Unanimously
Corrections to November 17 , 1993 Planning Board Minutes )
page 5 - first sentence after if add for and delete the word.
( would )
page 5 - second paragraph under Paul Norton delete the word ( were )
in the last sentence .
page 7 - Joel said . . delete ( suggested )
page 10 - second paragraph delete the word ( lines ) replace with i . I :
HI
water
page 10 - delete the word ( gambit ) replace with gamut
page 11 - No . 2 - delete ( 15C ) replace with 14C
Approval of November 17 , 1993 Planning Board Minutes
A motion was made by William Farrell and seconded by Don Schaaf to
approve the November 17 , 1993 Planning Board Minutes as corrected .
Carried Unanimously
Code Enforcement Report
Farm Land Protection - Act
l p• �
t • � • 1
S V
9 r PROPOSED LOCAL LAW NO . - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
Section 1 . The Zoning Ordinance of the Town of Danby as re-enacted , and re-adopted by the
Town Board on December 11 , 1991 , and subsequently amended , is further amended as follows :
1 . The area .described on Schedule A attached is hereby rezoned from Low Density
Residential to Town of Danby Planned Development Zone 2 .
2 . The area described on Schedule B attached is hereby rezoned from Town of Danby
Planned Development Zone 2 to Low Density Residential .
3 . Henceforth , Town of Danby Planned Development Zone 2 shall be comprised of a
Mobile Home Park Planned Development and a Residential Planned Development , as shown on
a map approved by the Town Board on entitled " General Site Plan : Planned
Development Zone 2 , Hillview Terrace Subdivision and Mobile Home Par Expansion , Owners :
( S Paul and Mary Lou Hardesty " dated August , 1993 , revised through . � The boundaries of
the Mobile Home Park Planned Development and the Residential Planned Development , and the
overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C
attached .
4 . The Zoning Map of the Town of Danby is hereby amended to show the boundaries of
Planned Development Zone 2 as set forth in this local law , which boundaries shall supersede any
previous boundaries for such Zone .
5 . The Residential Planned Development shall be subject to the following provisions ,
notwithstanding any other pertinent zoning or subdivision requirements :
(a) There shall be no more than three residential lots in the Residential Planned
Development and the only uses on such lots shall be as set forth below .
(b) Permitted principal uses and permitted accessory uses shall be limited to those
principal uses and accessory uses permitted in a High Density Residential Zone
without a special permit .
(c) The only other permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools , group family day care homes , and day care centers .
� t
(ii) Customary home occupations and professional residential offices where no
external visible evidence of same exists on the site .
Hardesry. 11, wpS1, Danby, , 01/31/94 1 :37pm
(iii) Doublewide mobile homes if the same are permanently mounted on
foundations .
(d) A buffer yard 75 feet deep shall be established and maintained between the
proposed Residential Planned Development and adjacent properties outside of
Planned Development Zone 2 .
(e) The lot area required for the residential lots shall be as shown on the final site
plan which shall substantially conform to the general site plan referred to above.
• (f) Yards , signs , height and building area shall be in conformity with the
requirements for same in a Low Density Residential Zone , except that frontage
requirements for each lot shall be as shown on the above-referenced site plan .
6. The Mobile Home Park Planned Development shall be subject to the provisions of
" Section 605 - Mobile Home Park Zone, Town of Danby Zoning Ordinance " , as if it were a
mobile home park governed by said section . In addition to the provisions set forth in Section
605 , the Mobile Home Park Planned Development shall be subject to the supplemental
provisions set forth below . Where there is a conflict on a specific matter between the provisions
of Section 605 and the provisions of this local law , the provisions of this local law shall govern .
The supplemental provisions are as follows :
(a) MAXIMUM NUMBER OF MOBILE HOMES .
(i) There shall be no more than 26 mobile homes located within the
presently-existing Hillview Terrace Mobile Home Park .
(ii) There shall be no more than 31 additional mobile homes located elsewhere
in the Mobile Home Park Planned Development , such additional homes
to be located substantially as shown on the above-referenced site plan .
(b) ACCESSORY USES . In addition to the accessory uses permitted by Section 605 ,
the following accessory uses are permitted :
(i) Structures and facilities for water supply , sewage disposal , and other
utilities as may be necessary for operation of the Mobile Home Park
Planned Development .
2
Hardesty. !!, wpSl , Danby, , 01/31/94 1:37pm
(ii) Customary home occupations .
(c) SITE LAYOUT . The construction and location of the mobile homes and all other
structures and facilities shall be as shown on the final site plan approved by the
Planning Board , which final site plan shall be substantially in accord with the
above referenced site general site plan . There will be no change in location of
mobile homes , stands , structures , or other facilities , anywhere in the Mobile
Home Park Planned Development , without approval of a modified final site plan
by the Planning Board . When the Planning Board is of the reasonable opinion
that the modified site plan is a significant deviation from the general site plan
referenced above , no modified site plan shall be approved by the Planning Board
until the site plan has been submitted to , and approved by , the Town Board after
public hearing .
(d) INSTALLATION AND STANDS . Mobile homes and their installations shall
comply with pertinent requirements of the New York State Uniform Fire
Prevention and Building Code and its generally accepted standards for mobile
homes . Any mobile homes installed in the Planned Development Zone 2 after the
effective date of this local law shall , in addition , comply with any other
requirements contained in this zoning ordinance or other Town legislation related
to installation and stands , except that no anchoring shall be required of mobile
homes installed on the stands in the existing Hillview Mobile Home Park located
along Tammy Drive .
(e) BUFFER YARDS . The normally required 30 foot buffer strip contained in
subdivision 10 of Section 605 shall be increased to a required buffer strip at least
75 feet wide between the Mobile Home Park Planned Development and adjacent
properties outside of Planned Development Zone 2 . No structures and no
parking spaces are permitted in the buffer yards , except for utility structures
which are customary to mobile home park operation . Landscaping as shown on
the General Site Plan shall be installed within one year of the date of final site
plan approval . If not so installed , no further building permits shall be issued for
any construction anywhere in Planned Development Zone 2 , or for the siting of
any mobile homes in Planned Development Zone 2 until the required landscaping
is installed .
(f) ACCESS DRIVES AND WALKWAYS . Access drives in the proposed area for
expansion in the Mobile Home Park Planned Development shall be paved with
3
Hardesry. 11, wp51 , Danby, , 01 /31/94 I :37pm
blacktop , concrete , or other solid material , as shown on the approved final site
plan . The drives and walkways in the already existing mobile home park area of
the Mobile Home Park Planned Development may be constructed of a different
surface material , such as crusher run stone , provided that the surface provides
adequate support and access for emergency vehicles such as ambulances and fire
trucks .
(g) STORAGE . No outside storage of equipment or other household materials is
permitted , nor is any such storage underneath the mobile homes permitted . The
mobile home owner may erect a secure storage structure on a lot subject to the
minimum setback requirements shown on the " Typical Lot Layout " provided with
the above-referenced general site plan , subject to any pertinent building code
requirements .
(h) SCREENING OF WASTE AND REFUSE . If collection areas for waste and
refuse are provided for the convenience of several home owners , such areas shall
be secure from animals and the elements and of suitable size , and shall be
screened from public view by landscaping or fencing in accordance with Section
605 of this zoning ordinance .
(i) SIGNS . A sign identifying the mobile home park area is permitted at each park
entrance . No such sign shall exceed 50 square feet in size .
a) BUILDING PERMITS . A building permit shall be required for each mobile
home and , except as exempted by Section 1101 of the Zoning Ordinance, for all
accessory buildings and other structures .
(k) SITE PLAN APPROVALS . No building permit shall be issued for a structure
within the Mobile Home Park Planned Development unless the proposed structure
is in accordance with a site plan approved pursuant to the provisions of this
Ordinance and approved by the Tompkins County Health Department . No
subdivision of the Mobile Home Park Planned Development is permitted without
approval of the Town Board , following Planning Board review . No alteration ,
amendment , or change in the Final Site Plan as approved by the Planning Board
is permitted without further approval by the Planning Board (except as provided
in the Zoning Ordinance relative to modifications to site plans) .
(1) PROHIBITION OF CONSTRUCTION . Notwithstanding the foregoing , there
shall be no new construction in the proposed Mobile Home Park Planned
4
Hardesty. 11, wpS1 , Danby, , 0.1/31/94 1:3 7pm
Development except for the construction of park access drives and utilities until
the applicant has demonstrated to the satisfaction of the Tompkins County Health
Department and the Planning Board that the water supply and sewage disposal
systems needed for the existing and the expanded mobile home park have no
adverse impact on the quantity or quality of water supplies of existing residences
adjoining the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board .
Without limiting the foregoing , the Developer shall , prior to Planning Board Final
Site Plan Approval , drill one or more wells as may be determined by the Planning
Board based upon sound engineering practices , and provide to the Planning Board
water draw-down tests from wells in the vicinity of, and surrounding , the Mobile
Home Park Planned Development showing there is and will be no significant
adverse effect on neighboring wells resulting from the installation of wells to
service the expansion area of the Mobile Home Park Planned Development. Such
tests shall be conducted by a qualified professional approved by the Planning
Board , shall be conducted in accordance with generally accepted hydrologic
testing and engineering methods , shall cover a period of time generally accepted
under good engineering and testing practices as sufficient to realistically establish
the effect of the installation of additional wells on existing wells in Planned
Development Zone 2 and on neighboring properties , and shall be otherwise
acceptable and approved by the Planning Board . Until . the Planning Board is
reasonably satisfied with the test results , no Final Site Plan Approval shall be
granted for the expansion area of the Mobile Home Park Planned Development .
Section 2 . In the event that any portion of this law is declared invalid by a court of competent
jurisdiction , the validity of the remaining portions shall not be affected by such declaration of
invalidity .
Section 3 . This law shall take effect 20 days after its adoption or the date it is filed in the Office
of the Secretary of State of the State of New York , whichever is later.
5
Hardesry. 11, wpS1, Danby, , 01/31/94 4:10pm
•
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned Development Zone
2 :
Commencing at a point in the centerline of South Danby Road , which point of beginning is
approximately 1118 feet south along South Danby Road from its intersection with the centerline
of Route 96B and which point of beginning is in the northeast corner of premises reputedly
owned by Hardesty (tax. parcel 20- 1 -4 . 5) and formerly owned by Floyd and Marian Hoover and
known generally as 50 South Danby Road ; running thence south along the centerline of South
Danby Road approximately 100 feet to the southeast corner of Lot 3 as shown on the General
Site Plan referred to in this local law ; running thence west along the south line of said Lot 3 a
distance of approximately 215 feet to the intersection of said Lot line with the centerline of a
drainage stream ; running then northeasterly along said drainage stream and along a culvert to
the point or place of beginning .
6
Hardesty. !!, wp51 , Danby, , 01/31/94 1 :37pm
SCHEDULE B
Description of lands being rezoned from Planned Development Zone 2 to Low Density
Residential :
Parcel 1 :
Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax
parcel 20- 1 -4 . 5) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road , which point of beginning is approximately 625 feet west of a point in the
centerline of South Danby Road which point is located approximately 1692 feet south along the
centerline of South Danby Road from its intersection with the centerline of Route 96B ; running
thence from said point of beginning north 30 degrees 25 ' east along a westerly line of said
Hardesty premises 135 . 5 feet ; running thence north 64 degrees 57 ' east approximately 430 feet
to the south line of Lot 3 as shown on the General Site Plan referred to in this local law ; running
thence westerly along the south line of Lot 3 approximately 280 feet to the southwest corner of
Lot 3 ; running thence southerly along the extended west line of Lot 3 approximately 400 feet
to the point or place of beginning .
Parcel 2 :
Commencing at the same point of beginning as Parcel 1 above , running thence easterly along
the south line of said Hardesty property 625 feet to centerline South Danby Road ; running thence
south along said centerline 40 feet ; running thence westerly parallel to the first course above
approximately 625 feet ; running thence northerly 40 feet to the point of beginning .
The above descriptions are based , in part , upon a survey map entitled " Survey Map of a
Dwelling at 50 South Danby Rd . " prepared by Howard R . Schlieder dated October 17 , 1986 .
7
Hardesty. 11, wpSl , Danby, , 01/31/94 1 :37pm
SCHEDULE C
Description of Mobile Home Park Planned Development :
Commencing at a point in the centerline of South Danby Road , which point of beginning is
approximately 790 feet south along South Danby Road from its intersection with the centerline
of Route 96B and which point of beginning is in the southeast corner of premises reputedly
owned by Tierney (tax parcel 20- 1 -5) ; running thence south along the centerline of South Danby
Road approximately 220 feet ; running thence westerly , and substantially parallel to Tammy
Drive a distance of approximately 585 feet to a point ; running thence south along the west line
of Lot 3 and premises of Hardesty as shown on the General Plan referred to above
approximately 680 feet ; running thence west along the north line of Lot 2 approximately 470 feet
to a point; running thence south along a west line of Lot 2 approximately 130 feet to a point;
running thence west along a line of Lot 2 a distance of approximately 50 feet to a point ; running
thence north , in part along premises reputedly of Van De Bogart (tax parcel 20- 1 - 1 . 2) and
Wright (tax parcel 20- 1 -3) a total distance of approximately 1874 feet to the south line of
premises reputedly of Sherwood (tax parcel 20- 1 -4 . 1 ) ; running thence east along Sherwood
approximately 200 feet to Sherwood ' s southeast corner ; running thence north along Sherwood ' s
east line approximately 161 feet to the south line of Route 96B ; running thence east along the
south line of Route 96B approximately 746 feet to the west line of premises reputedly owned by
Newton (tax parcel 20- 1 -6) ; running thence southerly along Newton ' s west line approximately
278 feet to a point in the north line of premises reputedly owned by Tierney ; running thence
west along Tierney ' s north line approximately 100 feet to Tierney ' s northwest corner ; running
thence south along Tierney ' s west line approximately 448 feet to Tierney ' s southwest corner;
running thence east along Tierney ' s south line 246 feet to the place of beginning .
Description of Residential Planned Development :
Parcel 1 :
Commencing at a point in the centerline of South Danby Road , which point is located
approximately 1010 feet south from its intersection with the centerline of Route 96B and which
point of beginning is at the end of the first course in the above description of the Mobile Home
Park Planned Development; running thence south along the centerline of South Danby Road
approximately 240 feet to a point in the north line of a 5 . 8 acre parcel reputedly owned by
Hardesty (tax parcel 20- 1 -4 . 5) ; running thence west along Hardesty a distance of approximately
8
Hardesty. !!, wpSl , Danby, , 01/31 /94 1 :37pm
215 feet to the centerline of a small stream ; running thence southwest , and along said stream ,
passing through said Hardesty parcel approximately 430 feet to a point; continuing thence along
said stream in a more southerly direction a distance of approximately 135 . 5 feet to a point in the
southwest corner said Hardesty parcel ; running thence north along an extended west line of Lot
3 as shown on the General Site Plan referred to in this local law and continuing north along the
west line of Lot 3 a total distance of approximately 640 feet to the northwest corner of Lot 3 ;
running thence east along the north line of Lot 3 approximately 585 feet to the point or place
of beginning .
Parcel 2 :
Commencing at a point in the centerline of South Danby Road , which point of beginning is
located approximately 1690 feet south of the intersection of said centerline with the centerline
of South Danby Road , which point of beginning is 80 feet north along said centerline from the
northeast corner of premises reputedly owned by Dietrich (tax parcel 20- 1 -4 . 3 ) ; . running thence
south along said centerline approximately 80 feet to the northeast corner of Dietrich ; running
thence west along Dietrich ' s north line approximately 455 feet to the northwest corner of
Dietrich ; running thence south -southwesterly along Dietrich ' s west line approximately 600 feet
to a point ; running thence westerly along the south line of Lot 1 as shown on said General Plan
a distance of approximately 575 feet ; running thence northerly along the west line of Lot 2 as
shown on said Plan approximately 550 feet to a point ; running thence easterly approximately 50
feet; running thence northerly approximately 130 feet ; running thence easterly in part along the
south line of the Mobile Home Park Planned Area a distance of approximately 1095 feet to the
point or place of beginning .
Description of Planned Development Zone 2 :
Commencing at a point in the centerline of South Danby Road , which point of beginning is
approximately 790 feet south along South Danby Road from its intersection with the centerline
of Route 96B and which point of beginning is in the southeast corner of premises reputedly
owned by Tierney (tax parcel 20- 1 -5) ; running thence south along the centerline of South Danby
Road approximately 220 feet ; continuing thence south along the centerline of South Danby Road
approximately 240 feet to a point in the north line of a 5 . 8 acre parcel reputedly owned by
Hardesty (tax parcel 20- 1 -4 . 5) ; running thence west along Hardesty a distance of approximately
215 feet to the centerline of a small stream ; running thence southwest , and along said stream ,
passing through said Hardesty parcel approximately 430 feet to a point ; continuing thence along
said stream in a more southerly direction a distance of approximately 135 . 5 feet to a point in the
west line of said Hardesty parcel ; running thence south along the west line or extended west line
of said Hardesty parcel approximately 40 feet to a point ; running thence east a distance of
9
Hardesry. 11, wpS1 , Danby, , 01 /31 /94 1 :3 7pin
approximately 625 feet to the centerline of South Danby Road which point is approximately 80
feet north along said centerline from the northeast corner of premises reputedly owned by
Dietrich (tax parcel 20- 1 -4 . 3) ; running thence south along said centerline approximately 80 feet
to the northeast corner of Dietrich ; running thence west along Dietrich ' s north line
approximately 455 feet to the northwest corner of Dietrich ; running thence south-southwesterly
along Dietrich ' s west line approximately 600 feet to a point ; running thence westerly along the
south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet ; running
thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to
a point ; continuing thence north , in part along premises reputedly of Van De Bogart (tax parcel
20- 1 - 1 . 2) and Wright (tax parcel 20- 1 -3) a total distance of approximately 1874 feet to the south
line , of premises reputedly of Sherwood (tax parcel 20- 1 -4 . 1 ) ; running thence east along
Sherwood approximately 200 feet to Sherwood ' s southeast corner ; running thence north along
Sherwood ' s east line approximately 161 feet to the south line of Route 96B ; running thence east
along the south line of Route 96B approximately 746 feet to the west line of premises reputedly
owned by Newton (tax parcel 20- 1 -6) ; running thence southerly along Newton ' s west . line
approximately 278 feet to a point in the north line of premises reputedly owned by Tierney ;
running thence west along Tierney ' s north line approximately 100 feet to Tierney ' s northwest
corner ; running thence south along Tierney ' s west line approximately 448 feet to Tierney ' s
southwest corner ; running thence east along Tierney ' s south line 246 feet to the place of
beginning .
10
2 ' )
3 Planning Board Minutes
January 19 , 1994
Susan Beeners reported that the Farm Land Protection Act became
effective July 1 , 1993 and evolves provisions related to
agriculture in three ( 3 ) laws : Agriculture and Markets Law , Town
L aw and the General Municipal Law .
I Susan briefly descirbed the laws as follows :
There should be no discrimination against farming practices and
there should be some encouragement of agriculture and realization
by anyone living in a farm area that farms produce nuisances . Any
t ime there is a subdivision site plan , or special permit
application and the property involved is located near an
agricultural district , containing a farm operation or on properties
within 500 ' of a farm operation located in an agricultural
d istrict , the Planning Board or the Town Board ( if necessary ) must
complete an agricultural data statement that is a review of the
possible impacts of the proposed development on the farm operation .
The Planning Board must approve an agriculture data statement to
send to the County Planning Department for the 239 1 & m review and
t o the farmer . If it is a subdivision , the buyer of the new lot
must sign a disclosure statement when they make the property
t ransfer stating that he / she is living next to a farm and
acknowledges that there might be nuisances .
Materials for Review - Hardesty Proposal
S usan presented the following items for review :
1 ) SEQR Draft - with suggested revisions ;
2 ) Proposed Local Law
3 ) Response to Jennifer Bell ' s Letter of 12 / 14 / 93 and Doug
II Macki ' s Letter of 12 / 19 / 93 - from Brayton Foster
Draft Local Law - Review
The Planning Board reviewed and amended the following draft of a
proposed local law .
PROPOSED LOCAL LAW NO. - 1994
PROPOSED LOCAL LAW INSERTED HERE: INSERT NO 1 - consisting of ten ( 10 ) lain,
labeled Hardesty.Il ,wpS1 , Danby. , 02/07/94 3:41pm. I 1
Original Document Inserted in Minute Book:
Water Supply and Drawdown Testing of New Wells
Brayton Foster -- submitted a written response to the communications presented
by Jennifer Bell and Doug Mackie to the Planning Board at their December
Meeting .
Mr . Foster said that he did not propose any specific pump test criteria. A well
needs to be drilled and a test designed to demonstrate it ' s capability. The
Health Department makes a determination as to the adequacy of the water supply
to the park. Mr. Foster said it is his opinion at this time that there will not be
any impact on surrounding properties ' wells .
Attorney John Barney said that a condition to obtaining Final Site Plan approval
is that there must be an adequate demonstration that after the well is drilled
there is not a significant impact on surrounding properties .
SEQR Review - EAF
Revisions are as follows:
December 15 , 1993 -
Part H
1 ) 6E - delete in the last sentence ( at this stage of Site Plan review )
2 ) 18C - Small to moderate impact and accept the revised language on page
7 ( 18C ) .
204
Planning Board Minutes
- 4 - January 19 , 1994
3 ) Page 12 - delete first paragraph - under FOR FURTHER PLANNING BOARD
DISCUSSION:
P roposed Resolutions Recommending a Negative Declaration of Environmental
Impact and Recommending Approval of the General Site Plan were presented and
reviewed by the Planning Board .
RESOLUTION NO. 1 OF 1994
RECOMMENDATION TO TOWN OF DANBY TOWN BOARD FOR A DETERMINATION OF
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE - Hillview Terrace
Mobile Home Park Expansion and Hillview Terrace Subdivision
B y Eloise Green : Seconded by Don Schaaf
WHEREAS , the Town of Danby Planning Board has reviewed the Long
E nvironmental Assessment Form submitted by the applicant and the review of
same by the Code Enforcement Officer , and
WHEREAS , the Planning Board has reviewed the General Site Plan of the Hillview
Terrace Mobile Home Park Expansion and Hillview Terrace Subdivision , and
WHEREAS , the Planning Board has reviewed the proposed local law implementing
the proposed general site plan , and
WHEREAS , pursuant to the Zoning Ordinance the Planning Board is directed to
review these matters and make a recommendation to the Town Board , now
therefore it is
RESOLVED , that the Town of Danby Planning Board recommends that a Negative
D eclaration of Environmental Significance be made with respect to the adoption
of the Local Law and the approval of the General Site Plan for the Hardesty ' s
P roposed Mobile Home Park Expansion and Hillview Terrace Subdivision .
A roll call vote on the resolution resulted as follows :
Farrell Abstained
Gagnon Aye
Greene Aye
Schaaf Aye
Weitzel Aye
Carried
RESOLUTION NO. 2 OF 1994
RECOMMENDATION TO THE TOWN OF DANBY TOWN BOARD FOR APPROVAL OF THE
GENERAL SITE PLAN FOR HILLVIEW TERRACE MOBILE HOME PARK EXPANSION AND
H ILLVIEW TERRACE SUBDIVISION AND PROPOSED LOCAL LAW FOR MODIFICATION
OF PLANNED DEVELOPMENT ZONE 2 OF THE DANBY ZONING ORDINANCE
B y Don Schaaf: Seconded by Eloise Greene
WHEREAS , the Town of Danby Planning Board has reviewed the Long
E nvironmental Assessment Form submitted by the applicant and the review of -
same by the Code Enforcement Officer , and
WHEREAS , the Planning Board has reviewed the General Site Plan of the
H ardesty ' s Proposed Mobile Home Park Expansion and Hillview Terrace
S ubdivision , and
alMMIM
nJ
5 Planning Board Minutes
January 19 , 1994
WHEREAS , the Planning Board has reviewed the proposed local law implementing
the proposed general site plan , and
WHEREAS , pursuant to the Town of Danby Zoning Ordinance the Planning Board
is directed to review these matters and make a recommendation to the Town
Board , now therefore be it
WHEREAS , the Town of Danby Planning Board has considered the matters set
forth in Section 804 of the Town of Danby Zoning Ordinance , therefore it is
RESOLVED , that the Town of Danby Planning Board recommends that the General
Site Plan entitled " General Site Plan: Planned Development Zone 2 Hillview
Terrace Subdivision and Mobile Home Park Expansion " dated August 1993 , revised
through December 14 , 1993 be approved by the Town Board , and be it further
RESOLVED , that the Town of Danby Planning Board recommends that the Local
Law entitled " A Local Law to Amend the Zoning Ordinance to Establish a Mobile
Home Park Planned Development and a Residential Ploanned Development Within
Planned Development Zone 2 and to Modify the Boundaries of Such Zone " as
modified and approved by this Board at its meeting on January 19 , 1994 be
approved by the ' Town of Danby Town Board .
A roll call vote on the resolution resulted as follows :
Farrell Aye
Gagnon Aye
Greene Aye
Schaaf Aye
Weitzel Aye
Carried Unanimously
D iscussion followed on the procedure for the Hardesty Proposal.
Attorney John Barney reported that it will be necessary for the Planning Board
to hold a public hearing on the Final Site Plan for the Proposed Mobile Home
Park Expansion and Hillview Terrace Subdivision.
OTHER BUSINESS:
Fieldstone Circle Subdivision
S usan Beeners submitted a Proposed Subdivision Plan for Town of Danby Tax
Parcel No. 2. - 1 - 48. 2 , 48 + /- acres , located on Muzzy Road near NYS Rte. 96B -
Applicant, Scott Hoffay. The proposal is for a clustered subdivision of forty- eight
( 48 ) + /- acres into three ( 3 ) two ( 2 ) acre building lots and one into a forty-two
( 42 ) acre lot.
Proposal - Rudy Laurenson
S usan presented a proposal submitted by Rudy Laurenson to build a multiple
d welling of four ( 4 ) units on a fifty ( 50 ) acre parcel located on NYS Rte. 96B
near South Danby Road . Mr. Laurenson is requesting a density transfer for
permission to build a cluster. The intention is for the dwelling to be owner
occupied .
206
6 Planning Board Minutes
January 19 , 1994
Joel summarized the thirty ( 30 ) percent rule in our ordinance and said the
accessory apartment provision was intended to serve the purpose of providing
space for elderly parents , a live in caretaker , etc . but not building multiple
units . Equal size multi units are only allowed in the high- density zone.
Susan reported that the proposed unit is for a two ( 2 ) story 28 ' x 60 ' , modular
home with one front door with split foyer.
The land would be restricted from further development and could not be further
subdivided . A deed restriction can be included as a condition of approval.
The Planning Board will further review the proposals submitted by Scott Hoffay
and Rudy Laurenson at the February 16 , 1994 meeting .
ADJOURNMENT:
On a motion the meeting adjourned at 10 : 40 P . M .
Respectfully submitted ,
adailiiirata4
C arol W . Sczepanski , Secretary