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HomeMy WebLinkAbout1995-03-15 292 TOWN OF DANBY PLANNING BOARD MEETING Regular Meeting 7 : 30 P . M . March 15 , 1995 PRESENT : Chairperson Horst P lanning Board Members : Arch Dotson , William Farrell , Joel Gagnon , Eloise Greene , Nancy Weitzel ABSENT : D on Schaaf Others Present : S ecretary - Carol Sczepanski Councilperson - Howard Steiner Members of the Public : Michael R . Greene , Mark L . lacovelli , Sara Arnold , Joan Grant , Don B arnes , Ann Marie Cummings , Gary Bortz , Judith Lehman , Glen H arrington Chairperson Horst called the meeting to order at 7 : 38 P . M . Approval of February 22 , 1995 - Postponed The approval of the Planning Board Minutes of February 22 , 1995 was w ere postponed until the next meeting . PRIVILEGE OF THE FLOOR : Michael Greene - 100 Michigan Hollow Road - addressed the Board and ✓ ead a letter addressed to the Planning Board as follows : " March 15 , 1995 RE : Donald Barnes ' request for a variance for rental unit construction next to 100 Michigan Hollow Road , Danby To the Danby Planning Board : I am very much opposed to a zoning variance for construction of rental units between 76 and 100 Michigan Hollow Road . This is not an appropriate area for rental property . Our street is zoned low density residential for owner occupied and single family homes . It was zoned this way in 1986 when both myself and Mr . Barnes bought the adjoining ten acre lots for less than eight thousand dollars . All fifteen homes on Michigan Hollow Rd . in Danby are owner occupied . The neighbors and myself have invested in our rural properties based on the security o f the zoning regulations . I have put more than $ 150 , 000 . 00 into my home . Non -owner occupied rental units at this location would lower the value of close- by homes , negatively alter the character of the neighborhood , and disturb the tranquility . The lot is an open field and there is no way to mitigate the impact o f rental units . Any number of rental units there that do not comply with current zoning regulations , including a non - owner occupied duplex , is unacceptable . For the Town of Danby , a variance for apartments would negatively affect future single family home development in the area . The current zoning has increased Danby ' s tax base for this road , by making it an attractive location for single family home building . In real dollars , zoning has created value . One single family home at this location would bring in more tax revenue than apartments , while preserving the property values , peace , and character of the neighborhood . I ask the Board to enforce the current zoning regulations for Michigan Hollow Road . Sincerely , Michael R . Greene 100 Michigan Hollow Rd . Danby , NY 14883 " C.) • 2 Planning Board Minutes March 15 , 1995 Mr . Greene submitted the following petition from the residents on Michigan Hollow Road . " To the Danby Planning Board : We , the undersigned , oppose the zoning variance request by Donald Barnes for construction of rental housing units on the undeveloped ten acre parcel between the houses at 76 and 100 Michigan Hollow road . Rental units at this location would negatively impact the character and value of the area . All of the homes on Michigan Hollow are owner-occupied , with the nearby houses having minimum five acre lots . The Road enjoys a clear , accepted , e stablished development pattern under the low- density residential zoning regulations in effect . We urge the Board to uphold and enforce the present regulations for this low density residential zone . " The petition contains twelve ( 12 ) signatures of Michigan Hollow Road residents . Mark Iacovelli - 76 Michigan Hollow Road - objects to a four ( 4 ) u nit rental dwelling in the neighborhood . He said this is not the ✓ ight place for that kind of a building but would not object to an o wner occupied duplex . A four - plex on that property would directly e ffect him and his neighborhood and would change the whole character and personality of the single family residential n eighborhood . Ann Cummings - 72 Michigan Hollow Road - agrees with neighbors concerns , objects to the proposed building and is concerned about t he effect on property values . She objects to a non - owner occupied building or apartment building in her neighborhood . Gary Bortz - 59 Michigan Hollow Road - objects to a non - owner o ccupied building and if approved he thinks this could set a precedent in his neighborhood . He said Mr . Barnes ' current house is not in compliance with regulations and is a three unit home . J udith Lehman - owns undeveloped land in the Michigan Hollow area and supports low density . To change the zoning ordinance is not a good idea . J oan Grant - 97 Michigan Hollow Road - her property is located d irectly across from the proposed lot and she does not think there would be a problem with a rental unit on that property . She thinks people should do what they want to on their property and does not approve of the owner occupied requirement . Don Barnes , applicant responded to the public comments and said t hat the density would remain about the same and not create a substantial increase in traffic . He takes a lot of pride in his property and the proposed unit would be well maintained . He is not planning a housing development but just something to increase his income to prepare for retirement and for his children ' s education . H e said there are not enough areas zoned high - density in Danby to allow for multiple housing . Chairperson Horst responded to the residents and said that all the comments heard tonight would be taken into consideration relative t o the proposed planned development . Proposed Legislative Amendments Extraction and Deposit of Fill - ( Draft dated 2 / 13 / 93 ) S usan suggested that the ordinance requirement under Extraction and D eposit of Fill will permit for volumns of fifty ( 50 ) yards or more per year may be too restrictive . She suggested a range of 50 - 250 yards should be permitted with a check list from her office for 9 C)J Lf 3 Planning Board Minutes March 15 , 1995 e rosion and drainage control . Volumes of over 250 yards of fill would require Planning Board approval or waiver . The Board reviewed the draft proposal for a full substitution of S ection 516 of the ordinance . Motion to Refer Proposed Legislative Amendment for Extraction and Deposit of Fill to the Town Board for Review . A motion was made by Joel Gagnon and seconded by Arch Dotson that t he Planning Board recommend to the Town Board that they approve t his new section 516 to replace 516 of the Zoning Ordinance . D iscussion : W m . Farrell said that the fifty ( 50 ) yard requirement for a permit is too restrictive . J oel Gagnon approves of the fifty ( 50 ) yard requirement because t here are exemptions to the requirement . The Board questioned whether this extraction and fill requirement would apply to the NYSEG Pipeline . A vote on the motion resulted as follows : Five ( 5 ) Ayes Dotson Aye G agnon Aye G reene Aye Weitzel Aye Horst Aye O ne ( 1 ) Nay Farrell Nay Motion Carried Miscellaneous Business : Camelot Subdivision Proposal - Status Report S usan reported that Mr . Harrington has asked the Tompkins County H ealth Department to review the project . Health Department review o f the project cannot be completed until the Board of Water Commissioners recommends the Town Board to extend the water mains . Mr . Harrington has asked to be placed on the April Planning Board Agenda to begin review of the SEQR for the " Camelot " subdivision proposal . Mr . Harrington addressed the Board and said that one of the first t hings the engineer assessed on this project was the water system and possible expansion for. seven ( 7 ) new homes . The proposed e xpansion was discussed with Plant Manager , Roy Casterline , and Assistant Plant Manager , George Armstrong and the engineer ' s ✓ eport of the review was that there would be no significant impact . P roposed Planned Development Zone - Michigan Hollow Road Donald Barnes S usan reported to the Planning Board that the Town Board is the u ltimate deciding Board on the Planned Development Proposal submitted by Donald Barnes . An applicant has the option to go to the Planning Board or the Town Board with a sketch plan to get informal reaction as to whether the plan will be successful or whether there are difficulties . The Board discussed the concerns expressed by the neighboring ✓ esidents to the Proposed Planned Development for a four ( 4 ) unit ✓ esidential dwelling . S usan reported to the Board that the alleged violation of a three u nit dwelling is being investigated . The building is assessed as a three unit dwelling and there has been no challenge to the assessment . 005 4 Planning Board Minutes March 15 , 1995 Chairperson Horst said that considering that matter , the only thing the Planning Board can do is refer it to the Town Board with the ✓ eport that there may be zoning violations . Motion to Refer to Town Board A motion was made by Arch Dotson and seconded by Nancy Weitzel to ✓ efer a proposal to the Town Board that was submitted by Mr . Donald Barnes for the re - zoning of a property located on Michigan Hollow Road for a Planned Development District to place a four ( 4 ) unit ✓ ental dwelling on an eight ( 8 ) acre parcel . Based on the information that was submitted and the comments that were made in ✓ egard to the proposal , it is the sense of the Planning Board that the proposed use is inconsistent with the objectives of our current Zoning Ordinance and Comprehensive Plan . A vote on the motion resulted as follows : Five ( 5 ) Ayes Dotson Aye Farrell Aye G agnon Aye Weitzel Aye H orst Aye O ne ( 1 ) Abstention Greene Abstained Motion Carried P roposed Biodiversity Preserve Planned for West Danby S usan reported that Tompkins County purchased through tax sale a thirty ( 33 ) acre parcel in West Danby . The Finger Lakes Land Trust is proposing to acquire this land and additional lands to be used as a Biodiversity Preserve for Chemical Ecology . The proposed project was presented to the Town Board on March 13 , 1995 is in the planning stage at this time . Susan said that no decisions were needed by the Town but has asked the Land Trust to bring any plans for development of parking areas to the Planning Board for review . Action Plan for Planning Matters Chairperson Horst asked that the Planning Board continue discussion of the visualization for development and planning for the future of D anby for the next ten ( 10 ) years . N ancy Weitzel - would like to see a mini mall in Danby like the one at Community Corners wherever someone would sell land . Senior citizens need to address the issue of senior housing . Arch Dotson - we need a Town center in the village sense . We have many resources here and with the historic quality of this Town Hall and other buildings , there are residential threads for a village and a center . What we lack is some kind of activity which integrates and pulls it all together . We need some kind of community center where residents interact . He suggested that an analysis of peoples needs for a period of one week be obtained to help start the planning process . Joel reported that the residents in West Danby are working on that aspect because the only way to meet people is by belonging to special groups . You need to create the opportunities and events for interaction because they do not happen naturally anymore . Chairperson Horst said the Board might seek some assistance from Tompkins County . Susan suggested that the Town should scope out what resources and assistance are available for planning . The Planning Board could invite Mike Stamm from the Tompkins County Area Development to speak briefly on what Tompkins County is doing for Danby and what else could they do related to economic development and 296 5 Planning Board Minutes March 15 , 1995 comprehensive planning . Some of the local business people in the community could be asked to attend the meeting . She recommended t hat we come up with some tangible things that could be achieved in t he near future such as an education program that might promote small businesses like H & E or allow them to expand . Chairperson Horst suggested we contact Tompkins County Area D evelopment to find out what they have available to help us start a planning process for future development . Some of our local businesses might have some visionary plans of their own and be willing to help us plan for our future . ADJOURNMENT : O n a motion the meeting adjourned at 10 : 10 P . M . Respectfully submitted , ag-0,61 ,2 id, ' Carol W . Sczep i , Secretary 3 - 15 . 02