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HomeMy WebLinkAbout1994-03-16 .0 lam, 1 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 � L 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 . L 1 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. tle/- // GGK�9�• (la/ � Carol W . Scz� ' Panski Secretary phm - 3 - 16 . 94 - 02 L i L 1 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 . r ; 3 � I 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 21 4 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 . 2115 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 ` , • • 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 9 I % 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 2 218 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 3 21 1 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 4 r, ..,1 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 5 n 9 Lt. 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 . 6 0 r• 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. 7 nn re 7 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 _ g _ 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 , 9 � n 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 • 10