HomeMy WebLinkAbout1994-03-16 .0 lam,
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1 Planning Board Minutes
Public Hearing - 01
March 16 , 1994
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING
HOOVER / STREET 7 : 00 P . M . March 16 , 1994
PRESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , Joel Gagnon , Eloise Green ,
Ken Horst
ABSENT : Wm . Farrell , Don Shaaf ( excused )
Others Present :
Code Enforcement Officer - Susan Beeners
S ecretary - Carol Sczepanski
Members of the Public :
Steven Stein , Karen Edgar , Scott VanGaasbeck , Erica VanEtten , Bea
Makarainen , Judith S . Lehman , Cathy Well , Edw . M . Roberts , John C .
S hepardson , Sr , , Dale & Valerie Burgess , Albert Shepardson , John
S hepardson , Rudy Laurenson , Richard Moore , Les Jinks , Diane
S herwood , Glen Harrington , and others .
Motion to Open Public Hearing :
A motion was made by Ken Horst and seconded by Joel Gagnon to open
t he public hearing at 7 : 00 P . M .
Carried Unanimously
Chairperson Weitzel read the following Notice of Publication :
" NOTICE IS HEREBY GIVEN , That a Public Hearing will be held by the
P lanning Board of the Town of Danby on Wednesday , March 16 , 1994 at
7 : 00 P . M . , 1830 Danby Road , Ithaca , New York . Purpose of hearing
is to consider approval of the Proposed Subdivision of a 1 . 03 + / -
acre building lot from Tax Parcel # 10 . - 1 - 21 , 2 , 20 . 86 acres total ,
located on the west side of Michigan Hollow Road . Paul Hoover ,
owner , Donald Street applicant .
At such time and place all persons interested in the subject matter
t hereof will be heard concerning the same .
By Order of the Planning Board
Carol W . Sczepanski , Town Clerk
D ated : March 9 , 1994
P ublish : March 11 , 1994 "
Affidavit of Neighborhood Notification was received .
Comments from the Public :
J udy Lehman - Jennings Pond Road - asked if there was only one lot
t o be subdivided why it is called a subdivision .
E dw . M . Roberts - Bald Hill Road - has no objections to the one lot
subdivision but thinks it is too big a process to sell a small lot .
Motion to Close Public Hearing :
A motion was made by Joel Gagnon and seconded by Arch Dotson to
close the public hearing at 7 : 10 P . M .
Carried Unanimously
Reit9(t/ Swatci4t;
tfully Submitted
Carol W . ScztAnski
Secretary
phm - 3 - 16 . 94 - 01
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1 Planning Board Minutes
Public Hearing - 02
March 16 , 1994
TOWN OF DANBY
PLANNING BOARD MINUTES
7 : 10 P . M . March 16 , 1994
PUBLIC HEARING - 02
Makarainen / VanGaasbeck & VanEtten
PRESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , Joel Gagnon , Eloise Green ,
Ken Horst
ABSENT : Wm . Farrell , Don Shaaf ( excused )
Others Present :
Code Enforcement Officer - Susan Beeners
Secretary - Carol Sczepanski
Members of the Public :
Steven Stein , Karen Edgar , Scott VanGaasbeck , Erica VanEtten , Bea
Makarainen , Judith S . Lehman , Cathy Well , Edw . M . Roberts , John C .
S hepardson , Sr . , Dale & Valerie Burgess , Albert Shepardson , John
Shepardson , Rudy Laurenson , Richard. Moore , Les Jinks , Diane
S herwood , Glen Harrington , and others .
Motion to Open Public Hearing :
A motion was made by Arch Dotson and seconded by Ken Horst to open
the public hearing at 7 : 10 P . M .
Carried Unanimously
Chairperson Weitzel read the following Notice of Publication :
" NOTICE IS HEREBY GIVEN , That a Public Hearing will be held by the
P lanning Board of the Town of Danby on Wednesday , March 16 , 1994 at
7 : 10 P . M . , 1830 Danby Road , Ithaca , New York . Purpose of hearing
is to consider approval of the Proposed Subdivision of a portion of
Tax Parcel # 7 . - 1 - 40 . 2 , 115 . 29 + j - acres total , located on the north
side of East Miller Road west of Nelson Road , into two ( 2 ) building
lots of 5 . 67 + / - and 3 . 52 + 1 - acres each . Charles and Bertha
Makarainen , owners , Scott VanGaasbeck and Erica VanEtten ,
applicants .
At such time and place all persons interested in the subject matter
t hereof will be heard concerning the same .
By Order of the Planning Board
Carol W . Sczepanski , Town Clerk
D ated : March 9 , 1994
P ublish : March 11 , 1994 "
Affidavit of Neighborhood Notification was received .
Comments from the Public :
S teve Stein - 339 East Miller Road - is concerned because the road
frontage for the lots does not meet the minimum required in the
Town Zoning Ordinance , a possible impact on water when additional
wells are drilled , and that clustered housing will change the
character of the neighborhood .
S usan Beeners explained the clustered subdivision provision in our
ordinance related to the proposal and a shared driveway to the
lots .
K aren Edgar - 313 East Miller Road - reported that she has
basically the same concerns that Mr . Stein has expressed and the
environmental impact building in that area may have on a nearby
creek .
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2 Planning Board Minutes
Public Hearing - 02
March 16 , 1994
B ertha Makarainen - East Miller Road - said that there is gravel
soil on the section to be subdivided and does not think it will
h ave an environmental impact on the small creek .
Erica VanEtten and Scott VanGaasbeck said the purchase offer is
d ependent on water and the shared driveway .
E dw . Roberts - Bald Hill Road - does not think this proposal will
change the character of the neighborhood .
J ohn C . Shepardson - Ridgecrest Road - does not think this proposal
for two ( 2 ) houses on large lots is too much density for the area .
Richard Moore - Muzzy Road - asked the size of the lots along the
roadway and said we must be careful of small lots as it can cause
problems with septic runoff .
Motion to Close Public Hearing
A motion was made by Arch Dotson and seconded by Joel Gagnon to
close the public hearing at 7 : 30 P . M .
Carried Unanimously
Respectfull Submitted.
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(la/ �
Carol W . Scz� ' Panski
Secretary
phm - 3 - 16 . 94 - 02
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TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING
L aurenson Proposal 7 : 30 P . M . March 16 , 1994
PRESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , Joel Gagnon , Eloise Green ,
Ken Horst
ABSENT : Wm . Farrell , Don Shaaf ( excused )
Others Present :
Code Enforcement Officer - Susan Beeners
S ecretary - Carol Sczepanski
Members of the Public :
Steven Stein , Karen Edgar , Scott VanGaasbeck , Erica VanEtten , Bea
Makarainen , Judith S . Lehman , Cathy Well , Edw . M . Roberts , John C .
S hepardson , Sr . , Dale & Valerie Burgess , Albert Shepardson , John
S hepardson , Rudy Laurenson , Richard Moore , Les Jinks , Diane
S herwood , Glen Harrington , and others .
4 . .
•Motion to Open Public Hearing :
A motion was made by Ken Horst and seconded by Arch Dotson to open
t he public hearing at 7 : 30 P . M .
Carried Unanimously
Chairperson Weitzel read the following Notice of Publication :
" NOTICE IS HEREBY GIVEN , That a Public Hearing will be held by the
P lanning Board of the Town of Danby on Wednesday , March 16 , 1994 at
7 : 20 P . M . , 1830 Danby Road , Ithaca , New York . Purpose of hearing
is to consider a recommendation to the Town Board with respect to
a request for approval of a General Site Plan and establishment of
a Planned Development Zone to consist of an 11 + / - acre portion of
Tax Parcel # 13 . - 1 - 8 , 51 acres total , located on the north side of
Rte . 96B east of South Danby road , which portion is proposed to
contain a new four ( 4 ) unit dwelling . Rudy Laurenson ,
owner / applicant .
At such time and place all persons interested in the subject matter
thereof will be heard concerning the same .
By Order of the Planning Board
Carol W . Sczepanski , Town Clerk
D ated : March 9 , 1994
P ublish : March 11 , 1994 "
Affidavit of Neighborhood Notification was received .
D iane Sherwood - 2352 Danby Road - is concerned this low density
area is being over developed . She asked the Board to consider the
density question and the growth in the area .
Richard Moore - Muzzy Road - owns land that borders Mr . Laurenson
and has no objection to this proposal .
Mr . Laurenson reported that further development on this property is
not possible due to the wetlands and Department of Environmental
Conservation Laws .
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2 Planning Board Minutes
Public Hearing - 03
March 16 , 1994
Motion to Close Public Hearing
A motion was made by Arch Dotson and seconded by Joel Gagnon to
close the public hearing at 7 : 40 P . M .
Carried Unanimously
Respectfully Submitted
C40 hJ �GGtc.ts(�
Carol W . Scz4 nski
Secretary
phm - 3 - 16 . 94 - 03
1 T
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1 Planning Board Minutes
Public Hearing - 04
March 16 , 1994
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING
HOFFAY - Subdivision 7 : 45 P . M . March 16 , 1994
PRESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , Joel Gagnon , Eloise Green ,
Ken Horst , Don Shaaf
ABSENT : Wm . Farrell ( excused )
Others Present :
Code Enforcement Officer - Susan Beeners
S ecretary - Carol Sczepanski
Members of the Public :
S teven Stein , Karen Edgar , Scott VanGaasbeck , Erica VanEtten , Bea
Makarainen , Judith S . Lehman , Cathy Well , Edw . M . Roberts , John C .
S hepardson , Sr . , Dale & Valerie Burgess , Albert Shepardson , John
S hepardson , Rudy Laurenson , Richard Moore , Les Jinks , Diane
S herwood , Glen Harrington , and others .
Motion to Open Public Hearing :
A motion was made by Ken Horst and seconded by Eloise Green to open
t he public hearing at 7 : 45 P . M .
Carried Unanimously
Chairperson Weitzel read the following Notice of Publication :
" NOTICE IS HEREBY GIVEN , That a Public Hearing will be held by the
P lanning Board of the Town of Danby on Wednesday , March 16 , 1994 at
7 : 45 P . M . , 1830 Danby Road , Ithaca , New York . Purpose of hearing
is to consider approval of the Proposed Subdivision of Tax Parcel
# 2 . - 1 - 48 . 2 , 47 . 5 acres total , located on the southeast side of
Muzzy Road , into one ( 1 ) 42 + / - and three ( 3 ) 2 + / - acre building
lots . Scott and Rita Hoffay , owners , Scott Hoffay , applicant .
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
hearings .
By Order of the Planning Board
Carol W . Sczepanski , Town Clerk
Dated : March 9 , 1994
Publish : March 11 , 1994 "
Affidavit of Neighborhood Notification was received .
Public Comments and Discussion :
Albert Shepardson - Muzzy Road - stated he is opposed to the
proposal because it may have an impact on his water supply .
Dale Burgess - Muzzy Road - objects to the proposal because he does
not want his property surrounded by a subdivision with houses in
his back yard , He said drainage and water are problems in that
area .
Mr . Hoffay explained to the public that he originally did not plan
t o develop this area but it is now necessary .
L es Jinks - 1465 Danby Road - objects to the proposal because he
bought a home in the country and not to have houses built all the
around him . He reported that he has a very poor water situation
and is sure that others in the area do as well .
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2 Planning Board Minutes
Public Hearing - 04
March 16 , 1994
J ohn C . Shepardson - Ridgecrest Road - reported his farm borders
Mr . Hoffay on the east and asked if Mr . Hoffay was going to put
d eed restrictions on the remaining property so that there could be
no further subdivision there .
Mr . Hoffay reported to the public and Board that there would be no
further subdivision on his property and deed restrictions will be
filed with the property .
Motion to Close Public Hearing
A motion was made by Arch Dotson and seconded by Ken Horst to close
t he public hearing at 8 : 15 P . M .
Carried Unanimously
Res ectfullx Submitted
4/..41 yorstej
Carol W . Sczepanski
Secretary
phm - 3 - 16 . 94 - 04
LT ` ,
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2 1 6
TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 8 : 15 P . M . March 16 , 1994
PRESENT :
Chairperson Weitzel
P lanning Board Members : Arch Dotson , Joel Gagnon , Eloise Greene ,
Ken Horst , Don Shaaf
ABSENT : Wm . Farrell ( excused )
Others Present :
Code Enforcement Officer - Susan Beeners
S ecretary - Carol Sczepanski
Members of the Public :
Steven Stein , Karen Edgar , Scott VanGaasbeck , Erica VanEtten , Bea
Makarainen , Judith S . Lehman , Cathy Well , Edw . M . Roberts , John C .
S hepardson , Sr . , Dale & Valerie Burgess , Albert Shepardson , John
- Shepardson , Rudy Laurenson , Richard Moore , Les Jinks , Diane
S herwood , Glen Harrington , and others .
Chairperson Nancy Weitzel called the meeting to order at 8 : 15 P . M .
following four ( 4 ) public hearings .
Editing of Minutes Prior to Board Meetings - Approved
A motion was made by Arch Dotson and seconded by Eloise Greene that
t he Planning Board delegate Joel Gagnon to review and edit the
P lanning Board Minutes prior to Board meg i9 submit them to the
secretary f� corrections . If the Be s no objections to
c erections minutes will be cons,sidered approved . . %3$s 5eeteid
Objects to derrerNbnS $ kct to t» brt i1z Met Mr' 6e4rc le. Q /or relisfrS .
D iscussion followed :
J oel aid at hi inten ' on is o ed t es ,cor cti s for t secre ry to view a ' inc or e than s to
b rep ted to e Boar befor approv .
A vote on the motion resulted as follows :
Carried Unanimously
P lanning Board Minutes - January 19 , 1994 and February 16 , 1994 -
Approved with the following correction : Page 2 , paragraph 1 under
L aurenson delete the words " Wiliseyville , New York " .
COMMUNICATIONS :
P lanning Workshop :
D efining the County ' s Role in Economic Development Strategies
S ession - Saturday , March 19 , 1994 - 8 : 45 - 4 : 00 P . M . at Statler
H otel , Cornell University .
H oover / Street Subdivision Proposal
RESOLUTION NO . 3 OF 1994
S EQR DETERMINATION FOR PROPOSED HOOVER TO STREET SUBDIVISION
PROPOSAL - Approved
B y Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of approval of the
P roposed Subdivision of a 1 . 03 + / - acre building lot from Town of
D anby Tax Parcel # 10 . - 1 - 21 . 2 , 20 . 86 acres total , located on the
west side of Michigan Hollow Road . Paul Hoover , owner , Donald
S treet applicant , 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 and following Public Hearing on
March 16 , 1994 , has reviewed the Environmental Assessment Form and
v prepared by the Code Enforcement
d raft environmental review p p Y
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Planning Board Minutes
March 16 , 1994
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 :
D otson Aye
G agnon Aye
G reene Aye
H orst Aye
Schaaf Aye
W eitzel Aye
Carried Unanimously
RESOLUTION NO . 4 OF 1994
H OOVER / STREET SUBDIVISION APPROVED
B y Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of approval of the
P roposed Subdivision of a 1 . 03 + / - acre building lot from Town of
D anby Tax Parcel # 10 . - 1 - 21 . 2 , 20 . 86 acres total , located on the
west side of Michigan Hollow Road . Paul Hoover , owner , Donald
Street applicant , and
WHEREAS , this is an Unlisted action for which the Planning Board on
March 16 , 1994 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
March 16 , 1994 has reviewed a map entitled " SURVEY MAP OF A LOT ON
MICHIGAN HOLLOW ROAD , TOWN OF DANBY , TOMPKINS CO . , NEW YORK
PREPARED BY HOWARD R SCHLIEDER , N . Y . S . P . E . & L . S . 043780 , dated
JANUARY 31 , 1994 " showing the proposed subdivision , 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 :
D otson Aye
G agnon Aye
G reene Aye
H orst Aye
S chaaf Aye
W eitzel Aye
Carried Unanimously
Carried Unanimously
Makarainen to VanGaasbeck et . al .
Chairperson Weitzel read a letter from Tompkins County Health
D epartment in regard to the proposed subdivision of Makarainen to
✓ anGaasbeck - - their comment complimented the Town of Danby on the
shared subdivision - - proposal as submitted would have no
significant deleterious impact on inter - community , County , or State
interest .
D iscussion followed regarding marginal water in the neighborhood
expressed at the public hearing ( 3 / 16 / 94 ) by residents on the east
side of Miller Road .
RESOLUTION NO . 5 OF 1994
S EQR DETERMINATION MAKARAINEN TO VANGAASBECK et . al . - Approved
B y Ken Horst : Seconded by Arch Dotson
WHEREAS , this action is the consideration of approval of the
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Planning Board Minutes
March 16 , 1994
Proposed Subdivision of a portion of Town of Danby Tax Parcel # 7 . -
1 - 40 . 2 , 115 . 29 + / - acres total , located on the north side of East
Miller Road west of Nelson Road , into two ( 2 ) building lots of 5 . 67
+ / - and 3 . 52 + / - acres each . Charles and Bertha Makarainen ,
o wners , Scott VanGaasbeck and Erica VanEtten , 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 and following Public Hearing on
March 16 , 1994 , has reviewed the Environmental Assessment Form and
d raft 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
n egative determination of environmental significance for this
action .
A roll call vote on the resolution resulted as follows :
D otson Aye
G agnon Aye
G reene Aye
H orst Aye
S chaaf Aye
W eitzel Aye
Carried Unanimously
RESOLUTION NO . 6 OF 1994
MAKARAINEN TO VANGAASBECK et . al . SUBDIVISION - Approved
B y Ken Horst : Seconded by Joel Gagnon
WHEREAS , this action is the consideration of approval of the
P roposed Subdivision of a portion of Town of Danby Tax Parcel # 7 . -
1 - 40 . 2 , 115 . 29 + / - acres total , located on the north side of East
Miller Road west of Nelson Road , into two ( 2 ) building lots of 5 . 67
= / - and 3 . 52 + / - acres each . Charles and Bertha Makarainen ,
o wners , Scott VanGaasbeck and Erica VanEtten , applicants , and
WHEREAS , this is an Unlisted action for which the Planning Board on
March 16 , 1994 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
March 16 , 1994 , has reviewed a map entitled " PREFERRED CLUSTER PLAN
S HOWING HOUSE LOCATIONS , PREPARED BY S . VANGAASBECK , FEBRUARY 15 ,
1994 " , showing the proposed subdivision , now be it
RESOLVED , that the Town of Danby Planning Board grants Preliminary
and Final Subdivision approval to the proposed subdivision as
presented , subject to the submission of a final plat , suitable for
filing , for approval by the Planning Board Chairperson .
A roll call vote on the resolution resulted as follows :
D otson Aye
G agnon Aye
G reene Aye -
H orst Aye
S chaaf Aye
Weitzel Aye Carried Unanimously
S EQR - Laurenson Proposal
D iscussion followed regarding the proposal as follows : deed
✓ estrictions were not placed on the adjoining parcel before it was
sold ; 2 ) local law provides for a Planned Development Zone that
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Planning Board Minutes
March 16 , 1994
allows one ( 1 ) four ( 4 ) unit dwelling or a two ( 2 ) - two ( 2 ) unit
dwellings on separate lots both within this planned development .
RESOLUTION NO . 7 OF 1994
RECOMMENDATION TO THE TOWN OF DANBY TOWN BOARD OF A NEGATIVE
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - PROPOSED LAURENSON
PLANNED DEVELOPMENT ZONE - Approved
B y Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of a recommendation to
t he Town Board with respect to a request for approval of a General
S ite Plan and establishment of a Planned Development Zone to
consist of an 11 + / - acre portion of Tax Parcel # 13 . - 1 - 8 , 51 acres
t otal , located on the north side of Rte . 96 - B east of South Danby
Rd . , which portion is proposed to contain a new four ( 4 ) unit
dwelling , Rudy Laurenson , Owner / Applicant , and
WHEREAS , this is a Type I action for which the Town Board has been
legislatively determined to act as Lead Agency in environmental
review , and
WHEREAS , the Tompkins County Planning Department , the Tompkins
County Division of Environmental Health , and the New York State
D epartment of Environmental Conservation are potentially involved
or interested agencies which are being notified of this action , and
WHEREAS , the Planning Board , at and following Public Hearing on
March 16 , 1994 has reviewed the Environmental Assessment Form and
draft environmental review prepared by the Code Enforcement
Officer , now be it
RESOLVED , that the Town of Danby Planning Board , acting as a
recommending agency in environmental review , recommends to the Town
Board that a negative determination of environmental significance
be made for this action .
A roll call vote on the resolution resulted as follows :
D otson Aye
G agnon Aye
Greene Aye
H orst Aye
S chaaf Aye
W eitzel Aye
Carried Unanimously
RESOLUTION NO . 8 OF 1994
RECOMMENDATION TO THE TOWN OF DANBY TOWN BOARD OF APPROVAL OF A
GENERAL SITE PLAN AND OF ENACTMENT OF A LOCAL LAW AMENDING THE
ZONING ORDINANCE FOR THE PROPOSED LAURENSON PLANNED DEVELOPMENT
ZONE
By Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of a recommendation to
the Town Board with respect to a request for approval of a General
Site Plan and establishment of a Planned Development Zone to
consist of. an 11 + / - acre portion of Tax Parcel # 13 . - 1 - 8 , 51 acres
total , located on the north side of Rte . 96 - B east of South Danby
Rd , , which portion is proposed to contain a new four ( 4 ) unit
dwelling , Rudy Laurenson , Owner / Applicant , and
WHEREAS , this is a Type I action for which the Town Board has been
legislatively determined to act as Lead Agency in environmental
review , and for which the Planning Board on March 16 , 1994 has
recommended to the Town Board that a negative determination of
environmental significance be made , and
WHEREAS , the Planning Board , at and following Public Hearing on
March 16 , 1994 has reviewed various application materials submitted
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Planning Board Minutes
March 16 , 1994
as part of the request , and
WHEREAS , the Planning Board has considered the matters set forth in
Section 804 of the Town of Danby Zoning Ordinance , therefore it is
RESOLVED , that the Planning Board recommends that the Town Board
approve " General Site Plans ' A ' , ' B ' , and ' C ' : Proposed Planned
D evelopment Zone , Danby Road , Owner : Rudy Laurenson , " dated 3 / 16 / 94
and a drawing accompanying the General Site Plans entitled
" Proposed 4 - unit Dwelling , Rudy Laurenson , Danby Rd . , " dated
February 4 , 1994 , and it is further
RESOLVED , that the Planning Board recommends that the Town Board
enact " A Local Law to Amend the Zoning Ordinance to Establish a
P lanned. Development Zone Comprised of a Portion of Town of Danby
Tax Parcel No . 13 . - 1 - 8 , located on the north side of Danby Road
e ast of South Danby Road " , as reviewed by the Planning Board at its
meeting on March 16 , 1994 .
A roll call vote on the resolution resulted as follows :
D otson Aye
G agnon Aye
G reene Aye
H orst Aye
S chaaf Aye
W eitzel Aye Carried. Unanimously
PROPOSED LOCAL LAW NO . - - - of 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
PLANNED DEVELOPMENT ZONE COMPRISED OF A PORTION OF TOWN OF DANBY
TAX PARCEL NO . 13 . - 1 - 8 , LOCATED ON THE NORTH SIDE OF DANBY ROAD
EAST OF SOUTH DANBY ROAD
S ection 1 . The Zoning Ordinance of the Town of Danby as re -
e nacted , and re - adopted by the Town Board on December 11 , 1991 , and
subsequently amended , is further amended as follows :
1 . Town of Danby Planned Development Zone 16 is hereby
e stablished , and shall be comprised of an 11 + / - acre parcel to be
subdivided out of Town of Danby Tax Parcel No . 13 . - 1 -- 8 to contain
a proposed new 4 - unit dwelling , as shown on the following : three
( 3 ) maps approved by the Town Board on entitled " General
Site Plans ' A ' , ' B ' , and ' C ' : Proposed Planned Development Zone ,
D anby Road , Owner : Rudy Laurenson , " dated March 16 , 1994 ; and a
drawing entitled " Proposed 4 - unit Dwelling , Rudy Laurenson , Danby
Rd . , " dated February 4 , 1994 .
2 . The area described on Schedule A attached is hereby rezoned
from Town of Danby Low Density Residential Zone to Planned
D evelopment Zone 16 .
3 . The Zoning Map of the Town of Danby , and the Supplement to the
Zoning Map , are hereby amended to show the location and boundaries
o f Planned Development Zone 16 as set forth in this local law .
4 . Planned Development Zone 16 shall be subject to the following
provisions , notwithstanding any other pertinent zoning ,
subdivision , or other regulatory requirements :
( a ) There shall be no more than four dwelling units nor more
than two lots in the Planned Development Zone .
( b ) Permitted principal , accessory and special permit uses
shall be the same as those permitted in a Low Density
Residential Zone , except that an additional permitted use
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Planning Board Minutes
March 16 , 1994
shall be one four - unit multiple dwelling .
( c ) Yards , signs , height , and building area shall be in
conformity with the requirements for same in a Low
Density Residential Zone .
( d ) The construction and location of the proposed 4 - unit
multiple dwelling shall be as shown on the final site
plans approved by the Planning Board , which final site
plans shall be substantially in accord with the above
referenced " General Site Plan ' A '" , and with either
" General Site Plan ' B '" or " C " No alteration ,
amendment , or change in the Final Site Plans 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 .
When the Planning Board is of the reasonable opinion that
t he modified site plan or plans are a significant
d eviation from the general site plans referenced above ,
no modified site plan or plans shall be approved by the
P lanning Board until the site plan or plans have been
submitted to , and approved by , the Town Board after
public hearing .
( e ) Building permit requirements and exemptions shall be as
provided for Low Density Zones . No building permit for
any dwelling in the Planned Development Zone shall be
issued unless the site for such dwelling has been
properly subdivided .
( f ) A minimum of two parking spaces per dwelling unit shall
be provided for the four - unit multiple dwelling .
( g ) A buffer yard 50 feet deep from the boundaries of the
P lanned Development Zone shall be established and
maintained within said Zone . No above - ground structures
or parking spaces , except for necessary utilities , shall
be permitted within said buffer yard .
( h ) The access drive to the proposed 4 - unit multiple dwelling
may be constructed of crusher run stone , or may be paved
with blacktop , concrete , or other solid material , as
shown on the approved final site plan , provided that the
surface reasonably provides adequate support and access
for emergency vehicles such as ambulances and fire
t rucks .
( i ) A collection area or areas for waste and refuse shall be
provided for the convenience of the residents of the
proposed multiple dwelling , shall be secure from animals
and the elements and of suitable size , and shall be
screened from public view by landscaping or fencing .
S ection 2 . Where there is a conflict on a specific matter
between the provisions of Section 603 , " Commercial Target Area "
and the provisions of this local law , the provisions of this local
law shall govern .
Section 3 . 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 .
S ection 4 . 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
t he State of New York , whichever is later .
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Planning Board Minutes
March 16 , 1994
SCHEDULE A
D escription of lands being rezoned from Low Density Residential
Zone to Planned Development Zone 16 :
Commencing at a point in the centerline of Danby Road ( Route 96B ) ,
which point of beginning is approximately at the intersection of
said centerline with the centerline of South Danby Road ; running
t hence northerly approximately 1670 feet along the west boundary of
premises reputedly owned by Rudy Laurenson ( tax parcel no . 13 - 1 - 8 ) ,
which is the east boundary of premises reputedly owned by Chris
Muka ( tax parcel no . 14 - 1 - 30 . 2 ) to a point which is the northwest
corner of the above premises of Laurenson ; running thence east
along the north boundary of said Laurenson premises , which boundary
is the south boundary of premises reputedly owned by William
Farrell ( tax parcel no . 13 - 1 - 1 . 2 ) a distance of approximately 600
feet ; running thence southwesterly a distance of approximately 1800
feet to the centerline of Danby Road ; running thence northwesterly
along the centerline of Danby Road a distance of approximately 335
feet to the point or place of beginning .
The above - described lands are intended to correspond to the 11 + / -
acre lot proposed to be subdivided out of tax parcel no . 13 - 1 - 8 for
purposes of construction of a four - unit dwelling by Rudy Laurenson .
H offay Farms - Proposal
Chairperson Weitzel read a communication dated March 3 , 1994 from
Tompkins County Department of Planning regarding Subdivision -
H offay Farm - " Aside from the S . S . 239 review , we have one comment
✓ egarding the future use of Lot D . We would like to point out that
since Lot D was needed to approve Lots A , B , and C , it should not be
further subdivided in the future . The application does not clarify
that the 42 acres of Lot D are planned as permanent open space .
The proposal , as submitted , will have no significant deleterious
impact on intercommunity , County , or State interests . Therefore ,
n o recommendation is indicated by the Tompkins County Planning
D epartment , and you are free to act without prejudice . "
D iscussion followed regarding deed restrictions for Lot D so that
t here will be no further subdivision on the parent parcel .
RESOLUTION NO. 9 OF 1994
S EQR DETERMINATION - PROPOSED HOFFAY FARM BUILDING LOTS - Approved
B y Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of approval of the Proposed Subdivision
of Town of Danby Tax Parcel # 2 . - 1 -48 . 2 , 47 . 5 acres total , located on the southeast
side of Muzzy Road , into one ( 1 ) 42 + /- and three ( 3 ) 2 + /- acre building lots .
S cott and Rita Hoffay , owners , Scott Hoffay , applicant , and
WHEREAS , this is an Unlisted action for which the Planning board is acting as
L ead Agency in environmental review and for which no coordinated review is
required , and
WHEREAS , the Planning Board , at and following Public Hearing on March 16 , 1994
has reviewed the Environmental Assessment Form and draft environmental review
prepared by the Code Enforcement Officer , now be it
RESOLVED , that the Town of Danby Planning Board , acting as Lead Agency in
e nvironmental review of this Unlisted action , makes a negative determination of
e nvironmental significance for this action , conditional upon adequate site drainage
design , and no further subdivision of the parent parcel.
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A roll call vote on the resolution resulted as follows :
Dotson Aye
Gagnon Aye
Greene Aye
H orst Aye
S chaaf Aye
Weitzel Aye
Carried Unanimously
RESOLUTION NO . 10 OF 1994
PROPOSED HOFFAY FARM BUILDING LOTS
By Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of approval of the Proposed Subdivision
of Town of Danby Tax Parcel # 2 . - 1 - 48 . 2 , 47 . 5 acres total , located on the southeast
side of Muzzy Road , into one ( 1 ) 42 + / - and three ( 3 ) 2+ /- acre building lots .
Scott and Rita Hoffay , owners , Scott Hoffay , applicant, and
WHEREAS , this is an Unlisted action for which the Planning Board on March 16 ,
1994 , 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 March 16 , 1994 ,
has reviewed a map entitled " MAP B , MUZZY ROAD , DANBY , PROPOSED CLUSTER
S UBDIVISION PRELIMINARY PLAN , dated NOVEMBER 1993 , BY S . H . " , showing the
proposed subdivision , now be it
RESOLVED , that the Town of Danby Planning Board grants Preliminary and Final
S ubdivision approval to the proposed subdivision as presented , subject to the
following conditions :
1 . Approval of site drainage design by the Town of Danby Highway
Superintendent and Town of Danby Code Enforcement Officer prior
to the issuance of any building permits ;
2 . No further subdivision of the parent parcel Town of Danby Tax
Parcel # 2 . - 1 - 48 . 2 beyond the presently- proposed four ( 4 ) lots ;
3 . Deed restrictions of Lot #4 , which shall be noted on the final plat;
4 . Submission of a final subdivision plat, suitable for filing , for
approval by the Planning Board Chairperson .
Discussion :
Eloise Greene said she would have to vote no on the basis of Lot C because that
would revocably lock in the Burgess property from ever having the possibility
to expand to look for further water should they need to replace their well.
S usan Beeners asked Mr . Hoffay if there was any way that he could re- plat the
lots without much longer driveways so that the Burgess property would not be
surrounded by driveways .
Don Schaaf said he would vote to defer decision on this proposal to give Mr.
Burgess and Mr. Hoffay the opportunity to discuss some options and /or some re-
configuration of the lots .
Motion to Table Resolution No. 10 of 1994
A motion was made by Arch Dotson and seconded by Joel Gagnon to table
Resolution No . 10 of 1994 .
Carried Unanimously
RESOLUTION NO. 11 OF 1994
S EQR - FIELDSTONE CIRCLE SUBDIVISION - REQUEST FOR EXTENSION TO
COMPLETE MISCELLANEOUS REQUIREMENTS
B y Joel Gagnon : Seconded by Ken Horst
WHEREAS , this action is the consideration of granting an Extension to the time
period required for completion of the requirements provided in Resolution No. 13
of 1993 , by which resolution the Planning Board on June 16 , 1993 reaffirmed Final
S ite Plan and Final Subdivision Approval with certain conditions and provisions ;
and as provided in Resolution No . 27 of 1994 , by which resolution the Planning
Board granted a 90- day extension from December 12 , 1993 for this subdivider to
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Planning Board Minutes
March 16 , 1994
fulfill certain conditions and provisions of Final Subdivision Approval , for the
proposed " Fieldstone Circle Subdivision " , proposed to be located in Planned
D evelopment Zone No. 12 , on Danby Road south of Muzzy Road , Town of Danby Tax
Parcel No. 2 . - 1 - 49 . 3 , and
WHEREAS , The action of granting such an Extension is a minor modification of a
Type I action for which the Planning Board is legislatively determined to act as
L ead Agency in environmental review , and
WHEREAS , The Planning Board on March 16 , 1994 has reviewed the SEQR
E nvironmental Assessment Form as amended by the Planning Board on June 16 ,
1993 , and the draft " Attachment to Part 2 " dated March 16 , 1994 prepared by the
Code Enforcement Officer , now be it
RESOLVED , that the Planning Board , acting as Lead Agency in environmental
review of this Type I action , accepts the draft " Attachment to Part 2 " dated
March 16 , 1994 , and , finding no substantive change in the project proposal , make
and hereby does make a negative determination of environmental significance for
the proposed Extension described herein for the proposed " Fieldstone Circle
S ubdivision " .
A roll call vote on the resolution resulted as follows :
Dotson Aye
Gagnon Aye
Greene Aye
H orst Aye
S chaaf Aye
Weitzel Aye
Carried Unanimously-
RESOLUTION NO. 12 OF 1994
FIELDSTONE CIRCLE SUBDIVISION REQUEST FOR EXTENSION TO COMPLETE
MISCELLANEOUS REQUIREMENTS
B y Joel Gagnon : Seconded by Eloise Greene
WHEREAS , This action is the consideration of granting an Extension to the time
period required for completion of the requirements provided in Resolution 13 of
1993 , by which resolution the Planning Board on June 16 , 1993 reaffirmed Final
S ite Plan and Final Subdivision Approval with certain conditions and provisions ;
and as provided in Resolution 27 of 1994 , by which resolution the Planning Board
granted a 90- day extension from December 12 , 1993 for the subdivider to fulfill
certain conditions and provisions of Final Subdivision 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 Parcel No.
2 . - 1 -49 . 3 , and
WHEREAS , The action of granting such an Extension is a minor modification of a
Type I action for which the Planning Board , acting as Lead Agency in
e nvironmental review , has on March 16 , 1994 made a negative determination of
e nvironmental significance , now be it
RESOLVED , that the Planning Board grant and hereby does grant an Extension
to the time period required for completion of the requirements provided in
Resolution 13 of 1993 , by which resolution the Planning Board on June 16 , 1993
reaffirmed Final Site Plan and Final Subdivision Approval with certain conditions
and provisions 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 Parcel No. 2 . - 1 - 49 . 3 , with such Extension allowing the
subdivider 90 days from March 12 , 1994 to fulfill the following conditions and
provisions of Final Subdivision Approval :
Execution and filing of " Declaration of Restrictive Covenants for
Fieldstone Circle Subdivision " , " Suggested Language for Fieldstone
Circle Subdivision Plat for ' natural/ rural space " , and " Agreement
between Elizabeth Grisanzio , Sponsor and Owner of Fieldstone Circle
and Town of Danby " , as approved by the Town Board on May 11 ,
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25
Planning Board Minutes
March 16 , 1994
1992 and by the Town Attorney on June 24 , 1992 , prior to any
building permit issuance for construction on lots within the
subdivision with the exception that the developer shall be entitled
to obtain building permits for the model homes and sales office on
ill Lot A prior to such execution and filing .
AND BE IT FURTHER
RESOLVED , that , in the event that the above conditions and provisions are not
fulfilled within 90 days of March 12 , 1994 , then the subdivider is required to
resubmit the application for Final Subdivision Approval.
A roll call vote on the resolution resulted as follows :
Dotson Aye
Gagnon Aye
Greene Aye
Horst Aye
Schaaf Aye
Weitzel Aye
Carried Unanimously
Other Business:
Susan Beeners reported that there are two ( 2 ) minor applications that are ready
to schedule for public hearing .
1 ) Sackett Subdivision Proposal
P roposal submitted by Pam Sackett for a subdivision of her property on
Hornbrook Road . Two ( 2 ) houses were built on the same lot and she must divide
the property to sell one of the homes .
2 ) Ferris Subdivision Proposal
Jean Ferris submitted a proposal for the subdivision of one building lot from her
property on 96B near Heisey Road .
Camelot Subdivision Proposal - Harrington
Glen Harrington has submitted revised plans for the Camelot Subdivision Proposal
in West Danby for the Planning Board to review. He asked the Board to set a
public hearing date for this proposal.
Motion to set Time for Public Hearings - April 20 , 1994
A motion was made by Joel. Gagnon and Seconded by Ken Horst that the Planning
Board authorize the Chairperson to set the time for the public hearings to be
h eld in advance of the April 20 , 1994 Planning Board Meeting .
Carried Unanimously
S ubdivision Regulation Revision Suggested
S usan reported to the Board that she thinks it is important to consider revising
the Subdivision Regulations related to one lot subdivision and the public hearing
requirement.
ADJOURNMENT:
A motion was made by Don Schaaf and seconded by Ken Horst to adjourn the
meeting at 10: 05 P . M .
Carried Unanimously
Respectfully ubmitted
aeashcis
Carol W . Sczep2Z
min- 3- 16 . 94 Secretary
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