The URL can be used to link to this page

Home My WebLink About1994-06-15 y,/ TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING 7 : 10 P . M . June 15 , 1994 Manley - 01 PRESENT : Chairperson Nancy Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Ken Horst ABSENT : H D on Schaaf , Eloise Greene ( Excused ) O thers Present : Carol Sczepanski - Secretary Code Enforcement Officer - Susan Beeners Members of the Public : Robert Lattin , Chip Bryce , Wendell Bryce , Byron Williams , Candice W illiams , Phyllis Corey , Ronda Engman , Delores Walent , Mary B oardman The public hearing was opened by Chairperson Weitzel at 7 : 12 P . M . and the following Notice of Publication was read : " NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the Town of Danby Planning Board on June 15 , 1994 at 7 : 10 P . M . , 1830 Danby Road , Ithaca , New York to consider Approval of the Proposed Subdivision of a 2 . 3 acre lot from Town of Danby Tax Parcel # 7 . - 1 - 94 , 7 . 7 acres total , located on the north side of Hornbrook Road near Danby Road . Bruce and Rosemary Manley , Owners ; Pamela Manley , 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 Chair Carol W . Sczepanski , Town Clerk D ated : June 8 , 1994 P ublish : June 10 , 1994 " Affidavit of Neighbor Notification was received . Code Enforcement Officer explained the subdivision proposal submitted by Pamela Manley to the Board and public . N o public addressed the Planning Board . Motion to Close the Public Hearing A motion was made by Joel Gagnon and seconded by William Farrell to close the public hearing at 7 : 18 P . M . Car • d Unanimously (IS/ 444.A4t/ Carol W . Sczepai • ki , Secretary • F 2 'is • TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING 7 : 20 P . M . June 15 , 1994 B ryce - 02 PRESENT : Chairperson Nancy Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Eloise Greene , Ken Horst ABSENT : D on Schaaf , ( Excused ) Others Present : Carol Sczepanski - Secretary Code Enforcement Officer - Susan Beeners Members of the Public : Robert Lattin , Chip Bryce , Wendell Bryce , Byron Williams , Candice Williams , Phyllis Corey , Ronda Engman , Delores Walent , Mary B oardman The public hearing was opened by Chairperson Weitzel at 7 : 20 P . M . and the following Notice of Publication was read : " PLEASE TAKE NOTICE , that a Public Hearing will be held by the Town of Danby Planning Board on Wednesday , June 15 , 1994 at 7 : 20 P . M . , 1830 Danby Road , Ithaca , New York to consider Approval of the P roposed Subdivision of a 1 . 42 acre lot from Town of Danby Tax P arcel # 14 . - 1 - 18 , 54 + / - acres total , located on Danby Road south of Steam Mill Road , Wendell and Jane Bryce Owners ; Wendell Bryce , II , 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 Chair Carol W . Sczepanski , Town Clerk D ated : June 8 , 1994 P ublished : June 10 , 1994 " Affidavit of Neighbor Notification was received . N o public addressed the Planning Board . Motion to Close Public Hearing : A motion was made by Arch Dotson and seconded by William Farrell to close the public hearing at 7 : 25 P . M . Carried Unanimously ley Carol W . Sczepan , Secretary 2 1/d TOWN OF DANBY PLANNING BOARD MINUTES P UBLIC HEARING 7 : 30 P . M . June 15 , 1994 B oardman - 03 P RESENT : Chairperson Nancy Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Eloise Greene , Ken Horst , Don Schaaf Others Present : Carol Sczepanski - Secretary Code Enforcement Officer - Susan Beeners Members of the Public : Robert Lattin , Chip Bryce , Wendell Bryce , Byron Williams , Candice W illiams , Phyllis Corey , Ronda Engman , Delores Walent , Mary B oardman , Barbara Blanchard The public hearing was opened by Chairperson Weitzel at 7 : 30 P . M . and the following Notice of Publication was read : " PLEASE TAKE NOTICE , that a Public Hearing will be held by the P lanning Board of the Town of Danby on June 15 , 1994 at 7 : 30 P . M . , 1830 Danby Road , Ithaca , New York to consider the granting of a S pecial Permit for a proposed Conference Building and Sleeping Accommodations at " Nature ' s Song Retreat Center " , 217 Peter Road , Town of Danby Tax Parcel # 28 . - 1 - 6 . 3 . Mary B . Boardman , O wner / 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 Town Board will follow the Public Hearing . By Order of the Planning Board Chair Carol W . Sczepanski , Town Clerk D ated : June 8 , 1994 P ublished : June 10 , 1994 Affidavit of Neighbor Notification was received . B arbara Blanchard addressed the Board and submitted a four ( 4 ) page d escription she prepared on Mary Boardman ' s behalf answering the q uestions that were raised at the last hearing and are part of Article 9 , Section 901 of the Zoning Ordinance . It is her understanding that this is the section of the ordinance that addresses this proposal . There are no sleeping quarters or dormitory space proposed in this proposal . The proposal is for a special permit to construct a conference building . E loise Greene asked if sleeping quarters were still part of the planning for the Nature ' s Retreat Center and if she was asking for a variance based on conference center without sleeping quarters . Mary Boardman responded that proposed sleeping quarters are still in the long range planning . Barbara Blanchard explained that the schedule of use for the center is for retreats , conferences , discussion groups , training sessions , e tc . three ( 3 ) out of four ( 4 ) weekends ( Saturday ' s and Sunday ' s ) , from May through November . The center would not be used during the w inter months and the fourth weekend of each month . One of the conditions attached to the special permit will be a limit of attendees . Members of the Public : Ronda Engman - 511 South Danby Road - said that the neighborhood is zoned low density residential and is opposed any visible business in a residential zone . Commercial visible business does n ot belong in a low density residential neighborhood . Candice Williams - 345 Roe Road - is a neighbor and shares Ms . E ngmans concern regarding a commercial activity in her neighborhood . Phyllis Corey - 214 Peter Road - submitted the following petition containing 31 signatures from neighbors : " We the undersigned are against giving Ms . Boardmans " Natures S ong Retreat Center " special variance to make a COMMERCIAL ENTERPRISE in a Low Density Residential Zone " P hyllis Corey asked the Board to consider this proposal carefully as it is disrupting their lives too . B yan Williams - 214 Peter Road - said the proposal has been d escribed as a retreat for peace and quiet but you ' re forgetting t hat you will be disrupting our lives . P ublic Response Received by Mail Opposing the Proposal : 1 ) Phyllis Corey - 214 Peter Road , Willseyville , NY 2 ) Gary Southby - 214 Peter Road , Willseyville , NY 3 ) Bertha A . Post 4 ) Candice and Byrn Williams - 345 Roe Road , Willseyville 5 ) Delores Walent - Roe Road 6 ) Sigrid A . Dann of Peter Road 7 ) Kathy Langerlan - Dry Brook Road Public Response Approving of the Proposal : 1 ) Jennifer S . Tiffany - 525 South Danby Road Code Enforcement Officer , Susan Beeners addressed the Board and explained that she has made the following recommendations for this proposal : 1 ) The facility must be operated by the property owner unless t here is a re - application to the Board . 2 ) No building permits be issued beyond what is presently proposed . 3 ) No subdivision of the property withiout application to the P lanning Board . 4 ) The attendance will be limited to a maximum of 49 people ; 5 ) No parking on Peter Road . 6 ) Exterior noise levels and exterior cooking activity be limited t o what would be tyical of residential use . 7 ) The facilities can be used only by the owner and the attendees at the conferences . Susan said that in the event there was a complaint , the recourse is to register the complaint with her so that the conditions of the permit can be enforced . Motion to Close Public Hearing A motion was made by Joel Gagnon and seconded by Eloise Greene to close the public hearing at 8 : 10 P . M . Carried Unanimously Respectfully submitted , Carol W . Sczepa ki. , Secretary phm - 6 - 15 . 03 248 TOWN OF DANBY PLANNING BOARD MINUTES Regular. Meeting 8 : 10 P . M . June 15 , 1994 P RESENT : Chairperson Nancy Weitzel P lanning Board Members : Arch Dotson , William Farrell , Joel G agnon , Eloise Greene , Ken Horst , Don S chaaf Others Present : Carol Sczepanski - Secretary Code Enforcement Officer - Susan Beeners Members of the Public : Robert Lattin , Chip Bryce , Wendell Bryce , Byron Williams , Candice Williams , Phyllis Corey , Ronda Engman , Delores Walent , Mary B oardman , Barbara Blanchard Chairperson Weitzel called the meeting to order at 8 : 10 P . M . Approval of May 1994 Planning oard Minutes : The minutes of the May 15 , 1994 Planning Board Public Hearing for Robison - 01 , Boardman - 02 and the May 15 , 1994 Planning Board Meeting were approved with minor corrections . P roposed Manley Subdivision : RESOLUTION NO . 19 OF 1994 S EQR DETERMINATION - MANLEY SUBDIVISION B y Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is the consideration of approval of the P roposed Subdivision of a 2 . 3 acre lot from Town of Danby Tax P arcel # 7 . - 1 - 94 , 7 . 7 acres total , located on the north side of H ornbrook Road near Danby Road . Bruce and Rosemary Manley , Owners ; P amela Manley , 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 J une 15 , 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 negative determination of environmental significance for this action . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye G reene Aye H orst Aye Schaaf Aye W eitzel Aye Carried Unanimously RESOLUTION NO . 20 OF 1994 MANLEY 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 2 . 3 acre lot from Town of Danby Tax P arcel # 7 . - 1 - 94 , 7 . 7 acres total , located on the north side of H ornbrook Road near Danby Road . Bruce and Rosemary Manley , Owners ; P amela Manley , Applicant , and WHEREAS , this is an Unlisted action for which the Planning Board on June 15 , 1994 , acting as Lead Agency in environmental review has L q 7 2 Planning Board Minutes June 15 , 1994 made a negative determination of environmental significance , and WHEREAS , the Planning Board , at and following Public Hearing on J une 15 , 1994 , has reviewed maps entitled " Hypothetical Plat , S ubdivision of Tax Parcel # 7 . - 1 - 94 " , " Preferred Plat , Subdivision of Tax Parcel # 7 . - 1 - 94 " both by Pamela Manley , dated May 20 , 1994 , and a survey map dated May 16 , 1994 by Kenneth A . Baker , showing t he 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 in the Preferred Plat , subject to the submission of a final survey map for such lot , suitable for filing , for approval by the Planning Board Chairperson . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye G reene Aye H orst Aye S chaaf Aye W eitzel Aye Carried Unanimously Proposed Bryce, Subdivision : RESOLUTION NO . 21 OF 1994 S EQR DETERMINATION - BRYCE SUBDIVISION B y Ken Horst : Seconded by Arch Dotson WHEREAS , this action is the consideration of approval of the Proposed Subdivision of a 1 . 42 acre lot from Town of Danby Tax Parcel # 14 . - 1 - 18 , 54 + / - acres total , located on Danby Road south of Steam Mill Road , Wendell and Jane Bryce Owners ; Wendell Bryce , II 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 June 15 , 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 environmental review of this Unlisted action , makes a negative determination of environmental significance for this action . D iscussion : J oel Gagnon raised his usual objection to the removal of agricultural land for development when other sites exist . A roll call vote on the resolution resulted as follows : D otson Aye Gagnon Nay Farrell Aye G reene Aye H orst Aye S chaaf Aye W eitzel Aye Carried RESOLUTION NO . 22 OF 1994 BRYCE SUBDIVISION - Approved By Ken Horst : Seconded by Don Schaaf WHEREAS , this action is the consideration of approval of the Proposed Subdivision of a 1 . 42 acre lot from Town of Danby Tax c 3 Planning Board Minutes June 15 , 1994 P arcel # 14 . - 1 - 18 , 54 + / - acres total , located on Danby Road south of Steam Mill Road , Wendell and Jane Bryce Owners ; Wendell Bryce , II Applicant , and WHEREAS , this is an Unlisted action for which the Planning Board. on June 15 , 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 J une 15 , 1994 , has reviewed a map entitled " Proposed One Lot Subdivision , Portion of # 14 . - 1 - 18 , " by Wendell L . Bryce , II , dated J une 1 , 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 survey map for such lot , suitable for filing , for approval by the Planning Board Chairperson . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Aye G reene Aye H orst Aye Schaaf Aye W eitzel Aye Carried Unanimously Motion to Adjourn to Executive Session : Chairperson Weitzel asked for a motion to adjourn to Executive Session . A motion was made by Ken Horst and seconded to adjourn at 8 : 15 P . M . to Executive Session of the Planning Board to discuss a matter of possible litigation . A vote on the motion resulted as follows : Five - Ayes One - Nay Carried The Planning Board meeting reconvened at 8 : 40 P . M . Proposed Boardman , Proposal - " Nature ' s Song Retreat Center " The Planning Board reviewed the Environmental Assessment Form and possible impacts related to the " Nature ' s Song Retreat Center " proposal for. a Special Permit . S usan reported that there are conditions required of all special permits and she referred the Planning Board to Section 901 of the D anby Zoning Ordinance and the Comprehensive Plan . If those conditions are met then the Planning Board may issue a special permit . The Planning Board reviewed the proposed conditions related to the proposed special permit for the Nature ' s Song Retreat Center " . D iscussion : The Planning Board discussed eliminating the sleeping accommodations in the proposal . RESOLUTION NO . 23 OF 1994 S ERB DETERMINATION _- PROPOSED BOARDMAN SPECIAL PERMIT - Approved B y Joel Gagnon : Seconded by Ken Horst WHEREAS , this action is to consider the granting of a Special P ermit for a proposed Conference Building and Sleeping r, 1 Z. 3 4 Planning Board Minutes June 15 , 1994 Accommodations at " Nature ' s Song Retreat Center " , 217 Peter Road , Town of Danby Tax Parcel # 28 . - 1 - 6 . 3 . Mary B . Boardman , Owner / 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 May 18 and June 15 , 1994 , has reviewed the Environmental Assessment Form and draft environmental review prepared by the Code E nforcement Officer , 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 , conditional upon the following : 1 . The facility shall be owned and operated by the property o wner unless a reapplication is made to and approved by t he Planning Board . 2 . No building permits for Retreat Center buildings , beyond t hose required for the proposed conference building shall be issued without approval of a modified Special Permit by the Planning Board . 3 . No subdivision for purposes of construction of a new single or two family dwelling and no additional dwelling u nits beyond the existing dwelling unit shall be permitted without Planning Board approval of a modified S pecial Permit . 4 . Total attendance at any Retreat Center event shall not e xceed forty - nine ( 49 ) people without further Planning B oard approval . 5 . No parking shall be permitted on Peter Road . 6 . Exterior noise levels and exterior cooking activity shall n ot exceed those typical to a residential property . 7 . Cooking facilities at the Retreat Center shall be used o nly by the owner and by Center attendees . 8 . There shall be no more than two ( 2 ) non - resident e mployees at the center . A roll call vote on the resolution resulted as follows : Five ( 5 ) Ayes O ne ( 1 ) Nay D otson Aye Farrell Aye G agnon Aye G reen Aye H orst Aye Schaaf Nay Weitzel Aye Carried RESOLUTION NO . 24 OF 1994 PROPOSED BOARDMAN SPECIAL PERMIT - Approved B y Joel Gagnon : Seconded by Ken Horst WHEREAS , this action is to consider the granting of a Special P ermit for a proposed Conference Building and Sleeping Accommodations at " Nature ' s Song Retreat Center " , 217 Peter Road , Town of Danby Tax Parcel # 28 . - 1 - 6 . 3 . Mary B . Boardman , Owner / Applicant , and 5 Planning Board Minutes June 15 , 1994 WHEREAS , this is an Unlisted action for which the Planning Board on June 15 , 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 May 18 and June 15 , 1994 , has reviewed a map entitled " Nature ' s ' Song Retreat Center Site Design " , Dated May 13 , 1994 , by Mary Boardman , along with other application materials , and WHEREAS , the Planning Board has determined that the proposal , if approved , would meet the general conditions of Section 901 of the Zoning Ordinance required for special permits , now be it RESOLVED , that the Town of Danby Planning Board , grants a Special Permit for the proposed " Nature ' s Song Retreat Center " as presented , subject to the following requirements : 1 . The facility shall be owned and operated by the property o wner unless a reapplication is made to and approved by t he Planning Board . 2 . No building permits for Retreat Center buildings , beyond t hose required for the proposed conference building shall be issued without approval of a modified Special Permit by the Planning Board . 3 . No subdivision for purposes of construction of a new single or two family dwelling and no additional dwelling u nits beyond the existing dwelling unit shall be permitted without Planning Board approval of a modified S pecial Permit . 4 . Total attendance at any Retreat Center event shall not e xceed forty - nine ( 49 ) people without further Planning B oard approval . 5 . No parking shall be permitted on Peter Road . 6 . Exterior noise levels and exterior cooking activity shall n ot exceed those typical to a residential property . 7 . Cooking facilities at the Retreat Center shall be used o nly by the owner and by Center attendees . 8 . There shall be no more than two ( 2 ) non - resident e mployees at the center . A roll call vote on the resolution resulted as follows : D otson Aye Farrell Aye G agnon Nay G reen Aye H orst Aye S chaaf Nay Weitzel Aye Five ( 5 ) Ayes Two ( 2 ) Nay Carried ADJOURNMENT : On a motion the meeting adjourned at 9 : 55 P . M . Carol W . Sczepa ATI , Secretary