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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 354 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 J 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 . . 35G 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 357 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 ; 353 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 : 359 7 Town Board Minutes 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