HomeMy WebLinkAbout1994-07-13 3b2
TOWN BOARD MINUTES
PUBLIC HEARING
Laurenson Proposal 7 : 30 P . M . July 13 , 1994
PRESENT :
S upervisor Mary Oltz
Councilpersons : Roger Hile , Joseph Schwartz , Howard Steiner
ABSENT :
Councilperson Rosa Lee Johnson ( excused )
Others Present :
Town Clerk - Carol Sczepanski
Code Enforcement Officer - Susan Beeners
Planning Board Chair - Nancy Weitzel ` � '
Applicant - Rudy Laurenson
Members of the Public :
E dw . M . Roberts , Scott Hoffay
S upervisor Mary Oltz opened the public hearing at 7 : 30 P . M . and the
following publication notice was read by the Town Clerk .
NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the
Town of Danby Town Board on Wednesday , July 13 , 1994 at 7 : 30 P . M . ,
1830 Danby Road , Ithaca , New York to consider the Adoption of a
L ocal Law to Amend the Zoning Ordinance to Establish a Planned
D evelopment Zone proposed to contain a proposed new four ( 4 ) unit
dwelling and further , to approve a General Site Plan for such zone .
The proposed zone would consist of a 6 . 92 + 11 acre portion of Town
of Danby Tax Parcel No . 13 . - 1 - 8 , located on Danby Road northeast of
S outh Danby Road . Rudy Laurenson , Applicant .
At such time and place all persons interested in the subject matter
thereof will be heard concerning the same .
A special meeting of the Town Board will follow the Public Hearing .
By Order of the Town Board
Carol W . Sczepanski , Town Clerk
Published : July 2 , 1994
Affidavit of Neighbor Notification received .
Public Comment :
Edw . M . Roberts - Bald Hill Road - approves of the proposal and
stated Danby needs more housing .
Code Enforcement Officer asked the Board to consider whether or not
there is a need to place an owner occupancy requirement on this
building .
Rudy Laurenson - Applicant - stated that he plans to reside in one
o f the units at this time but cannot guarantee to a permanent
o ccupancy .
Owner Occupancy Requirement Discussed :
Councilperson Schwartz said that approving this proposal without
the owner occupancy clause will not set a precedence in the Town .
Each proposal is judged on its own merit on a case by case basis .
Councilperson Hile said he thinks the owner occupancy provision
should not be required in this proposal .
Councilperson Steiner said that as a Town we really need to look at
the owner occupancy provision . That provision may keep developers
from building in the Town .
Public Hearing Closed
Supervisor Oltz closed the public hearing at 7 : 55 P . M .
ad 0/5 10/14-44:
Carol W . Sczepay. 1! , Town Clerk
353
TOWN OF DANBY
TOWN BOARD MINUTES
Adjourned Meeting 7 : 00 P . M . July 13 , 1994
of July 11 , 1994
Continued
PRESENT :
Supervisor Oltz
Councilpersons : Hile , Schwartz , Steiner
ABSENT :
Councilperson Johnson ( Excused )
O thers :
• Town Clerk - Carol Sczepanski
P lanning Board Chair - Nancy Weitzel
Code Enforcement Officer - Susan Beeners
Members of the Public :
E dw . M . Roberts
S upervisor Mary Oltz called the meeting to order at 7 : 00 P . M .
APPROVAL OF WARRANTS :
General Fund Warrant No . 7 of ' 1994 - Approved
A motion was made by Councilperson Hile and seconded by
Councilperson Steiner to approve the General Fund Warrant No . 7 of
1994 , voucher numbers 244 - 278 in the amount of $ 16 , 486 . 26 .
A roll call vote on the motion resulted as follows :
H ile Aye
S chwartz Aye
S teiner Aye
O ltz Aye Carried Unanimously
Highway Fund Warrant No . 7 of 1994 - Approved
A motion was made by Councilperson Hile and seconded by
Councilperson Steiner to approve the Highway Fund Warrant No . 7 of
1994 , voucher numbers 91 - 100 in the amount of $ 23 , 164 . 35 .
A roll call vote on the motion resulted as follows :
H ile Aye
S chwartz Aye
Steiner Aye
O ltz Aye Carried Unanimously
West Danby Water District Fund Warrant No . 6 of 1994 - Approved
A motion was made by Councilperson Steiner and Seconded by
Councilperson Hile to approve the West Danby Water District Fund
W arrant No . 6 of 1994 , voucher numbers 23 - 27 in the amount of
$ 499 . 50 .
A roll call vote on the motion resulted as follows :
® Hile Aye
S chwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Approval of Town Supervisor ' s June 1994 Report
A motion was made by Councilperson Hile and seconded by
Councilperson Steiner to approve the Supervisor ' s June 1994 Report
as submitted .
A roll call vote on the motion resulted as follows :
H ile Aye
Schwartz Aye
S teiner Aye Carried Unanimously
Approval of Town Clerk ' s June 1994 Report
A motion was made by Councilperson Schwartz and seconded by
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2 Town Board Minutes
July 13 , 1994
Councilperson Hile to approve the Town Clerk ' s June 1994 report as
submitted .
A roll call vote on the motion resulted as follows :
H ile Aye
S chwartz Aye
S teiner Aye
Oltz Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 7 : 25 to hold a previously •
scheduled public hearing and reconvened at 7 : 55 P . M .
LAURENSON PROPOSAL - PROPOSED LOCAL LAW NO . 2 .
S upervisor Oltz asked the Board if they were ready to make a
d ecision on the Laurenson Proposal .
D iscussion :
Councilpersons Schwartz , Steiner , Hile and Supervisor Oltz agreed
t hat the owner occupancy provision in the Proposed Local Law No . 2
should be deleted .
S upervisor Oltz stated that she would sign a Certificate of
N ecessity that will allow the Board to remove the owner occupancy
clause in the Proposed Local Law No . 2 . and read the following
" Certificate of Necessity " .
" The undersigned Town Supervisor of the Town of Danby hereby
certifies as to the necessity of the needed passage of a local
law entitled " A Local Law to Amend the Zoning Ordinance to
e stablish a Planned Development Zone comprised of a portion of
Town of Danby Tax Parcel # 13 . - 1 - 8 , located on the north side
o f Danby Road east of South Danby Road . "
RESOLUTION NO . 41 OF 1994
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE , PROPOSED LAURENSON
PLANNED DEVELOPMENT ZONE - Approved
By Councilperson Steiner : Seconded by Councilperson Hile
WHEREAS , Rudy Laurenson , the owner of a 6 . 92 + 1 - acre tract which is
a portion of former Town of Danby Tax Parcel 13 . - 1 - 8 , has requested
t hat the Town of Danby adopt a local law amending the Zoning
O rdinance to establish a Planned Development Zone at said tract
and , in connection with such local law , to approve a general site
plan for such zone ; and
WHEREAS , this is a Type I action for which the Town of Danby Town
B oard is legislatively determined to act as lead agency in
environmental review ; and
WHEREAS , the Town of Danby Planning Board , the Tompkins County
D ivision of Environmental Health , and the Tompkins County
D epartment of Planning are agencies which have been notified of
t his action ; and
WHEREAS , the Town Board at and following public hearing on July 13 ,
1994 has reviewed the Long Environmental Assessment Form , the
review of same by the Code Enforcement Officer , and the March 16. ,
1994 recommendation by the Planning Board that a negative
d eclaration of environmental significance be made for this action ,
NOW , THEREFORE , IT IS
RESOLVED , that the Town of Danby Town Board , acting as lead agency
in environmental review of this Type I action , make and hereby does
make a negative declaration of environmental significance with
respect to the adoption of a local law to amend the Zoning
O rdinance to establish a Planned Development Zone as proposed and
further , to approve the related general site plan for such zone .
35T
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3 Town Board Minutes
July 13 , 1994
A roll call vote on the resolution resulted as follows :
Hile Aye
S chwartz Aye
S teiner Aye
Oltz Aye
Carried Unanimously
RESOLUTION NO . 42 OF 1994
AUTHORIZING ADOPTION BY THE TOWN BOARD OF THE TOWN OF DANBY OF
LOCAL LAW NO . 2 OF 1994 RELATING TO THE PROPOSED LAURENSON PLANNED
DEVELOPMENT ZONE
By Councilperson Schwartz : Seconded by Councilperson Hile
WHEREAS , the Town Board , on application of Rudy Laurenson , has been
✓ equested to adopt a Local Law to Amend the Zoning Ordinance to
Establish a Planned Development Zone Comprised of a Portion of Town
o f Danby Tax Parcel No . 13 . - 1 - 8 , ' located on the north side of Danby
Road east of South Danby Road , and further , to approve a general
site plan for such zone ; and
WHEREAS , a public hearing was duly held by the Town of Danby Town
B oard on July 13 , 1994 at the Town Hall in the Town of Danby to
h ear all interested parties in the matter of the consideration of
adoption of a proposed local law entitled " A LOCAL LAW TO AMEND THE
ZONING ORDINANCE TO ESTABLISH A PLANNED DEVELOPMENT ZONE COMPRISED
O F 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 " , and the
consideration of approval of a General Site Plan for such zone ; and
WHEREAS , notice of said public hearing was duly advertised in the
Ithaca Journal , the official newspaper of the Town of Danby , on
July 2 , 1994 ; and
WHEREAS , said public hearing was duly held , as previously noticed ,
and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed local law or
any part thereof , and in favor of or in opposition to the general
site plan related to said local law ; and
WHEREAS , pursuant to Part 617 of the Implementing Regulations
pertaining to Article 8 ( State Environmental Quality Review Act ) it
has been determined by the Town Board of the Town of Danby that
adoption of said proposed local law and approval of the related
general site plan would not have a significant effect upon the
environment and could be processed by other applicable government
agencies without further regard to SEQR ; and
WHEREAS , the Tompkins County Department of Planning was notified
pursuant to Section 239 - m of the General Municipal Law of said
proposed action and , by letter dated April 7 , 1994 , advised the
Town Board of the Town of Danby that said project would have no
significant deleterious impact on intercommunity , County , or State
interests ; and
WHEREAS , the Town Board of the Town of Danby , after due
deliberation , finds it in the best interests of the Town , to adopt
said local law and approve said general site plan ,
1 NOW , THEREFORE , BE IT
RESOLVED , that the Town Board of the Town of Danby hereby adopts
said local law entitled " 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 " a copy of which is attached
h ereto and made a part of this resolution , and be it further
RESOLVED , that the Town of Danby Town Board hereby approves the
g eneral site plan for such zone , such plan being comprised of three
maps entitled " General Site Plans ' A ' , ' B ' , and ' C ' : Planned
D evelopment Zone , Danby Road , Owner : Rudy Laurenson , " dated March
16 , 1994 , revised June 29 , 1994 ; and a drawing entitled " Proposed
. .
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4 Town Board Minutes
July 13 , 1994
4 - unit Dwelling , Rudy Laurenson , Danby Rd . , " dated February 4 ,
1994 , and be it further
RESOLVED , that the Town Clerk be and she hereby is directed to
e nter said local law in the minutes of this meeting and in the
local law book of the Town of Danby , to publish a copy of said
local law as required by law , and to give due notice of the
adoption of said local law to the Secretary of State of New York .
A roll call vote on the resolution resulted as follows :
H ile Aye
S chwartz Aye
Steiner Aye
O ltz Aye Carried Unanimously
TOWN OF DANBY
LOCAL LAW NO . 2 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
Section 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 6 . 92 + / - 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 July 13 , 1994 entitled
" General Site Plans ' A ' , ' B ' , and ' C ' : Proposed Planned Development
Zone , Danby Road , Owner : Rudy Laurenson , " dated March 16 , 1994 ,
✓ evised June 29 , 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
Development 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
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
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5 Town Board Minutes
July 13 , 1994
Zoning Ordinance relative to modifications to site plans .
W hen 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 ,
n o 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
o r 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 .
Section 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 .
S ection 3 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction , the validity of the
✓ emaining portions shall not be affected by such declaration of
invalidity .
S ection 4 . This law shall take effect 20 days after its adoption
o r the date it is filed in the Office of the Secretary of State of
t he State of New York , whichever is later .
SCHEDULE A
� I
Description of lands being rezoned from Low Density Residential
Zone to Planned Development Zone 16 :
Commencing at a point which is the intersection of the centerlines
o f N . Y . S . Route 96B ( a / k / a / Ithaca Road ) and South Danby Road ;
Running thence northerly to an iron pin , which pin marks the
southwest corner of premises owned by Rudy Laurenson and the
southeast corner of premises reputedly owned by Chris Muka ;
Running thence North 14 degrees , 52 minutes , 10 seconds East a
d istance of 885 . 43 feet to a point which marks the northwest corner
o f premises owned by Rudy Laurenson and the southeast corner of
premises reputedly owned by Daniel and Gail Sullivan ;
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6 Town Board Minutes
July 13 , 1994
Running thence South 75 degrees , 37 minutes , 50 seconds East to a
point which marks the northeast corner of premises owned by Rudy
L aurenson and a corner of premises reputedly owned by Daniel and
G ail Sullivan ;
Running thence South 13 degrees , 7 minutes , 25 seconds West a
d istance of 849 . 59 feet to an iron pin ;
Running thence South 35 degrees , 8 minutes , 5 seconds West a
d istance of 86 . 67 feet to an iron pin ;
Running thence South 25 degrees , 26 minutes , 15 seconds West a •
d istance of 30 feet to an iron pin ;
Running thence southwesterly a distance of approximately 40 feet to
t he centerline of N . Y . S . Route 96 - B ;
Running thence northwesterly along the centerline of N . Y . S . Route
96 - B a distance of approximately 270 feet to the intersection of
t he centerlines of N . Y . S . Route 96 - B and South Danby Road , being
t he point of beginning .
Reference is made to a map entitled " Map of Survey , Lands of Rudy
L aurenson , Town of Danby , Tompkins County , New York , made by Robert
S . Russler , Jr . , dated April 27 , 1994 , revised May 4 , 1994 , a copy
o f which is filed in the Tompkins County Clerk ' s Office in Drawer
AA , Page 82 .
FIELDSTONE CIRCLE - Consideration of Acceptance of Roads and Other
Public Improvements for Fieldstone Circle Subdivision
A Letter of Credit and a proposed resolution for the consideration
o f acceptance of roads and other public improvements for Fieldstone
Circle Subdivision was submitted to the Board for review .
Code Enforcement Officer Susan Beeners explained the proposed
✓ esolution and stated that she has the original " Letter of Credit "
in the amount of $ 106 , 000 . 00 . The roads must be built to comply
with the plans , highway specifications , and subdivision
✓ egulations .
Councilperson Hile asked that a provision be added to the draft
✓ esolution to include - - that when the road is completed to meet
t he Town Highway Specifications the Town take over the road and the
deed be signed over to the Town , but not before .
The Town Board and Supervisor did not object to an added provision
in the resolution that the Town not accept the road until it is in
full compliance with Town highway specifications .
RESOLUTION NO . 43 OF 1994
CONSIDERATION OF ACCEPTANCE OF ROADS AND OTHER PUBLIC IMPROVEMENTS
FOR FIELDSTONE CIRCLE SUBDIVISION - Approved
B y Councilperson Schwartz : Seconded by Councilperson Hile •
WHEREAS , the developers of " Fieldstone Circle Subdivision " have
✓ equested that the Town of Danby consider the acceptance of roads
and other public improvements which are under construction in said
subdivision and have submitted several documents relative to such
consideration to the Town , now , therefore , it is
RESOLVED , that the Town Board of the Town of Danby accepts the
letter of credit dated July 11 , 1994 and other contract agreements
as submitted in draft form to the Board for the roads and other
public improvements shown on maps entitled " Engineering Plat for
Fieldstone Circle " , " Subdivision Plat for Fieldstone Circle ' , Road
Vertical Alignments , " Typical Details and Sections " , ( total of 5
sheets ) , Town of Darby , County of Tompkins , State of New York by
G eorge Schlecht , P . E . , L . S . , dated 6 / 24 / 92 , signed by Nancy
Weitzel , Town of Danby Planning Board Chairperson , on May 10 , 1994 ,
and filed at the Tompkins County Assessment Office and Tompkins
County Clerk ' s Office on May 10 , 1994 , subject to the following
conditions :
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July 13 , 1994
1 . Submission of a letter of credit from a financial
institution or body satisfactory to the Town Supervisor in an
amount of at least $ 106 , 000 . 00 to secure the cost of conveying
said roads , of any proceedings brought to compel such
conveyance , and of constructing said roads and improvements in
accordance with the Town ' s highway specifications and
subdivision regulations .
2 . Upon receipt of the agreements referred to below , the
o riginal letter of credit , and prior to conveyance of title to
t he underlying land for the road , one ( 1 ) , but not more than
• one ( 1 ) , new building permit may be issued until the road bed
and associated public improvements are conveyed to the Town ,
u nless there is a further modification of this condition by
t he Town Board . After conveyance of the land underlying the
✓ oad , and provided that construction of the road is proceeding
with due diligence , additional building permits may be issued .
The road shall not be considered for final acceptance by the
Town Board until the road is completed to the satisfaction of
t he Town Highway Superintendent .
3 . Submission to and approval by the Town Supervisor , the
Town Code Enforcement Officer , and the Attorneys for the town
o f a contract from a reputable contractor for the construction
o f the roads and related facilities in an amount not more than
$ 105 , 464 . 00 together with the consent of the contractor to the
assignment of said contract to the Town and an agreement by
said contractor to complete the work in accordance with said
contract if the Town so requests .
4 . Submission to and approval by the Town Supervisor , the
Town Code Enforcement Officer , and the Attorneys for the Town
o f an agreement implementing the foregoing , and submission of
such other documents , plans , certifications , or other
materials that any of them may reasonably require in order to
assure to the Town that said road and associated public
improvements will be conveyed and constructed in accordance
with Town requirements .
A roll call vote on the resolution resulted as follows :
B ile Aye
S chwartz Aye
S teiner Aye
O ltz Aye Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 8 : 40 P . M .
deidoesth
• Carol W . Sczepan i Town Clerk