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Home My WebLink About1995-07-19 3/ 2 TOWN OF DANBY PLANNING BOARD MEETING Regular Meeting 7 : 30 P .M. July 19 , 1995 P RESENT : Chairperson Horst Planning Board Members : Arch Dotson, William Farrell , Joel Gagnon, Nancy Weitzel ABSENT : Don Schaaf Others Present : Carol Sczepanski - Secretary Code Enforcement Officer - Sue Beeners Members of the Public : Mary Oltz, Elizabeth Griffin, Howard Steiner, Eloise Greene, Marie and Tom McDonald, Don Barnes, nfia7 Act, mroury Chairperson Horst called the meeting to order at 7 : 33 P . M . and reported that Eloise Greene's term on the Planning Board expired on June 30, 1995 and the Town Board has not made an appointment (or reappointment) to fill the vacancy. Griffin Proposal - Bed and Breakfast - 208 Nelson Road Elizabeth Griffin has applied for a Special Permit to operate a small Bed and Breakfast with a maximum capacity of four (4) guests in her residence at 208 Nelson Road, Town of Danby Tax Parcel No . 3 . - 1 - 12 . 9 . RESOLUTION NO . 6 OF 1995 BED AND BREAKFAST FOR A MAXIMUM OF FOUR (4) GUEST AT 208 NELSON ROAD - Approved By Joel Gagnon: Seconded by Arch Dotson WHEREAS , this action is the consideration of Granting a Special Permit to Elizabeth A. Griffin to operate a small Bed and Breakfast with a maximum capacity of four (4) guests in her residence at 208 Nelson Road, Town of Danby Tax Parcel No. 1 - 1 - 12. 9 , and WHEREAS , this is a Type II action which requires no environmental review, and WHEREAS , the Planning Board, at and following Public Hearing on July 19 , 1995 , has reviewed various application materials submitted by the applicant, including a letter dated June 16, 1995 , and two (2) maps showing the first and second floor layout of the subject residence, and the location of the driveway, parking area, and proposed sign, now be it RESOLVED , that the Town of Danby Planning Board grants a Special Permit to Elizabeth A. Griffin to operate a small Bed and Breakfast with a maximum capacity of four (4) guests in her residence at 208 Nelson Road, Town of Danby Tax Parcel No. 3 . - 1 - 12 . 9 . A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Weitzel Aye Horst Aye Carried Unanimously 313 2 Planning Board Minutes Julj 19, 1995 2 Donald Barnes Application for a Planned Development Zone Donald Barnes has submitted an Application for a Planned Development Zone, proposed to consist of an eight (8) acre portion of Town of Danby Tax Parcel No . 14 . - 1 -4. 2, and a four (4) unit dwelling, on Michigan Hollow Road. The Planning Board received the following documents for review : 1 ) Environmental Assessment Form Part I • 2) Environmental Assessment Form Part II with comments from Susan Beeners as reviewer of the application; 3 ) Project Description and maps Susan reported to the Board that she believes that this material constitutes a full application for the Bames proposal . Mr. Barnes does not need subdivision approval at this time as he is asking for a re-zoning. Review of EAF Part. I - Barnes Proposal for a Planned Development Zone : Recommendations for Corrections to EAF Part I 1 ) Page 3 - No . 17 - Yes - (Electric and Phone Only) 2) Page 4 - No . 13 - Area boxed in is referenced to No. 13 . 3 ) Page 4 - No. 23 - Total usage per day 880 gallons/day (110 per bedroom) . 4) Page 5 - No . 6 - Change to A NO . 5) Page 5 - No. 9 - (N/A but two (2) acre future lot to be adjacent to zone) 6) Page 5 - No. 11 and 11 a) YES Motion to Set Public Hearing Date for Barnes Planned Development Zone Proposal A motion was made by Joel Gagnon and seconded by William Farrell to schedule a Public Hearing for the Barnes Planned Development Zone Proposal for Wednesday, August 16, 1995 at 7 : 15 P . M . , Town Hall, 1830 Danby Road. Carried Unanimously Chairperson Horst said that the Planning Board would review the SEQR Part II of the Barnes Planned Development Zone after the public hearing on August 16 , 1995 . Privilege of the Floor: Joel Gagnon said that he would like to postpone his report on water and sewer until the August 16 , 1995 meeting. Planning Board Appointments Joel reported that the Town Board is in the process of making appointments to the Planning Board. He would like to see the Planning Board make recommendations to the Town Board. Chairperson Horst said that he would like the Planning Board to consider making their recommendations to fill the Planning Board vacancies to the Town Board individually. Proposed Zoning Amendments Joel suggested that the Town should minimize the situations where we grant special permits and we should have some sort of mechanism for regular review to insure compliance. We could require that the provisions of special permits be attached to the property deed so that a new owner is aware of special conditions . Zoning Regulations Related to Owner- Occupancy Nancy Weitzel suggested caution in making changes in eliminating the owner occupancy requirement in the present zoning ordinance. 314 3 Planning Board Minutes 13/ 19, 1M 3 Section 900 - Section 5 . Conditions Attached to the Issuance of Special Permits. Amendments and Additions to the Draft : Section 900 - General Provisions Paragraph 5 - Conditions Attached to the Issuance of Special Permits . • (d) Requiring the filing of the Special Permit in the Office of the Tompkins County Clerk. Motion to Delete the Owner Occupancy Requirement in Ordinance A motion was made by Joel Ga on and seconded by Arch Dotson that the Planning Board or recommend to the Town Boar 41 the Owner Occupancy requirement as drafted in the Proposed Zoning Ordinance Amendment. A vote on the motion resulted as follows : Carried Unanimously Thirty Percent (30) Requirement for Apartments SusanBeeners explained that there are not many requests for duplex dwellings but they are only permitted in high density zones . The thirty (30) percent of living space requirement for apartments is very limited. Motion to Eliminate the Thirty (30) Percent Rule for Apartment Space Requirement A motion was made by Joel Gagnon and seconded by William Farrell that the Planning Board recommend to the Town Board that they eliminate the thirty (30) percent rule as drafted in the Proposed Legislative Amendments to the Zoning Ordinance. Discussion : A vote on the motion resulted as follows : Carried Unanimously Section 600 Low Density Residential Zone - Draft 1 . PERMITTED PRINCIPAL USES The Board discussed Sections 600, 601 , and 602 and made the following changes to the draft. (a) One single-family or two -family dwelling per lot provided that each dwelling unit is occupied by no more than one family. Sections 1 . (b) were deleted in Section 600, 601 and 602 Section 900 - General Provisions Conditions Attached to the Issuance of Special Permits. Motion to Refer to Town Attorney A motion was made by Joel Gagnon and seconded by Nancy Weitzel that the Planning Board refer an additional section (d) under Conditions Attached to the Issuance of Special Permits to be filed in the Office of the County Clerk to the Town Attorney to draft appropriate language. A vote on the motion resulted as follows : Carried Unanimously Section 902 - Miscellaneous Considerations for Special Permits Motion to Refer Section 902 of the Proposed Legislative Amendments to the Zoning Ordinance to the Town Board A motion was made by Joel Gagnon and seconded by William Farrell that the Planning Board recommend to the Town Board to approve Section 902 with No. 3 deleted no`f,the Proposed 7roM 3 1 5 4 Planning Boardliinnutea .htly19, 19Z 4 Legislative Amendments to the Zoning Ordinance to the Town Board. A vote on the motion resulted as follows . Carried Unanimously Discussion followed for a modification to Section 902 - 1 . (b) Modification to Section 902 - Section 1 . (b) • 1 . (b) The adequacy of enforcement of such terms by the owner of the dwelling or the owner' s designated agent, and, failing adequate enforcement by the owner, of provisions for the Town to enforce such terms at the owner ' s expense. Motion to Refer Section 900 and Section 902 of the Proposed Legislative Amendments to the Zoning Ordinance to the Town Board . A motion was made by Joel Gagnon and seconded by Arch Dotson that the Planning Board recommend to the Town Board that the new Section 900 with the new section No. 5 (d) and the ended Section 902 - 1 . (b) of the Proposed Legislative Amendments to the Zoning Ordinance. 2 cfprovece A vote on the motion resulted as follows : Carried Unanimously Other Reports : Special Meeting of the Planning Board Chairperson Horst reported that there will be a Special Meeting of the Planning Board on July 26, 1995 at 7 : 30 P . M. at the Danby Fire Station. The meeting is to view a networking video from Cooperative Extension. Members of the Town Board, Board of Zoning Appeals , Community Council and the Fire Department have been invited to attend. ADJOURNMENT : On a motion the meeting adjourned at 9 : 45 P . M . Respectfully submitted, dtsixy ayyjci. Carol W. Sczepans MCI , cretary min- 7 - 19. 95 •