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Home My WebLink About1995-08-16 316 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING Barnes Proposal 7 : 15 P .M. August 16, 1995 PRESENT : Chairperson Ken Horst Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty, Ralph Wilbur ABSENT : Nancy Weitzel (Excused) Others Present : Carol Sczepanski - Secretary Code Enforcement Officer - Susan Beeners Donald Barnes - Applicant Mary Oltz - Town Supervisor Howard Steiner - Councilperson Members of the Public: Linda Hanson, Robert J. Cummings , Sara Arnold, Mark Iacovelli , Eloise Greene Chairperson Horst welcomed two (2) new members to the Planning Board, Ralph Wilbur and Mary Lou Hardesty. Chairperson Horst declared the public hearing open at 7 : 20 P . M . and read the following publication : "NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Planning Board of the Town of Danby on Wednesday, August 16, 1995 at 7 : 15 P .M . , Danby Town Hall , 1830 Danby Road, Ithaca, New York 14850 . Purpose of hearing is to consider a recommendation to the Town of Danby Town Board with respect to the proposed rezoning of an 8+1- acre portion of Town of Danby Tax Parcel No. 14 . - 1 -4 . 2 , ten ( 10) acres total , located on Michigan Hollow road , from Low Density Residential Zone to Planned Development Zone, with the Planned Development Zone proposed to include a four (4) unit dwelling. Donald Barnes, owner/app I i cant. All interested parties will be given the opportunity to be heard either in writing or in person. By Order of the Planning Board Carol Sczepanski , Town Clerk Dated: August 8 , 1995 Publish : August 10 , 1995 " Affidavit of Neighbor Notification received. Code Enforcement Officer reported that Mr. Barnes submitted a proposal in March 1995 and it has since been revised. The revised plan shows some changes . The proposed house is approximately forty (40) feet farther back from the road than in the earlier plan, and the parking will located to an area that is less visible from the road and neighboring properties. Mr . Barnes addressed the Board and said that he has tried to address the neighbors concerns expressed at an earlier public hearing. The following residents responded in writing to the Barnes proposal : 1 ) Eileen Lund , 171 Michigan Hollow Road - against the rezoning from Low Density 0 1 d rj 2 Planning Board Minutes Public Hearing - Barnes August 16, 1995 Residential to Planned Development Zone; 2) John Jones, 100 Peters Road, Danby - in support of the proposal ; 3 ) William J. and Eva M . Siegard, 27 Hill Road - in support of the proposal ; • 4) Gary and B . M . Boltz, 59 Michigan Hollow Road - totally against any changes in the current zoning regarding owner occupancy and the Barnes proposal for a multi -unit dwelling; 5) Michael Greene - 100 Michigan Hollow Road - in opposition to the rezoning of the Barnes property on Michigan Hollow Road; 6) Robert and Ann Cummings - 72 Michigan Hollow Road - Urged the Planning Board, Board of Zoning Appeals and the Town Board to deny the rezoning for the proposed non-owner occupied four-unit dwelling. Members of the Public : Eloise Greene - 100 Michigan Hollow Road submitted a letter from Michael Green to be entered into the minutes and a written formal request containing six (6) signatures to the Planning Board to retain the 1991 zoning regulation stipulating owner occupancy of duplexes alongMichiganHollow Road. She said she is very much opposed to the building of rental units. Ann Cummings - 72 Michigan Hollow Road - addressed the Board and read a letter from Robert. and Ann Cummings - in opposition of the proposal for a rental unit. Linda Hanson - 1 870 Danby Road - Understands the concerns of the community but has worked with Mr. Barnes for fifteen (15 ) years and he is an upstanding citizen and has planned this proposal carefully. She thinks that he has tried to address all the concerns of the neighborhood. Mark Iacovelli - 76 Michigan Hollow Road - strongly opposes an apartment complex in his back yard and does not want to be next to an apartment house. It does not fit into the neighborhood of single family homes and the people on Michigan Hollow Road do not want an apartment complex in their neighborhood. Chairperson Horst thanked the public for their comments and said that the Board would take them into consideration. He said the Board would not be taking any action on the proposal tonight. Public Hearing Closed Chairperson Horst declared the Public Hearing closed at 8 : 45 P . M. Respectfully submitted (2doJ )4cz td%J Carol W. anski , Secretary phm- 8- 16, 95 310 TOW' OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 p .m . August. 16 , 1995 PRESENT : Chairperson Ken Horst Planning Board Members : Arch Dotson, William Farrell , Joel Gagnon, Mary Lou Hardesty, Ralph Wilbur ABSENT : Nancy Weitzel (Excused) Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement. Officer Mary Oltz - Town Supervisor Howard Steiner - Town Councilperson Jutta Locker - H & E Machinery, Inc. Representative Barry Craddock Chairperson Horst called the meeting to order at 7 : 50 P . M and extended his appreciation to all members of the Planning Board for their attendance at the special meeting at the Danby Fire Station on July 26 , 1995 . The Board viewed a film from Cooperative Extension on planning. Communications : Chairperson Horst received a letter from County Planning asking the Town for a Planning Board representative to serve on the County Planning Federation Board. H & E Machinery, Inc. - Proposal Susan reported that. H & E Machinery, Inc . has submitted a proposal for thcmgpargaccref a 100 ' x 200 ' building. She understands that their is some urgency to this proposal . The site plan has been modified since the Planned Development Zone was established and will require a public hearing. This is a Type I action and requires a full Environmental Form. The building does not leave room within the Planned Development to meet the Town buffer requiremt and is there adequate parking space. p hop o sae lu o C&J ill o c�y '1/u .4Uu pPa-si ./ r ,OEa 1eeuua� Lame .. I� J1 Jutta Locker explained to the Board the background and operation of H & E Machinery. H & Employs 145 people and operates three (3 ) shifts per day. The proposed expansion of 20,000 ' is for additional manufacturing capacity, quality control and office space. She said that it is an immediate need to expand and to start breaking wound within a week. She said she does not understand why a fifty (50) foot buffer could be a problem as the adjoining property next to the Planned Development is a thirty (30) acre field that is owned by Helene Locker. Helene Locker has granted an easement to be used as a buffer strip by H & E Machinery Planned Development. The Board discussed the urgency of the proposal and a public hearing date. Susan said that excavation work can be done without the issuance of a building permit. Joel asked Ms . Locker if H & E would submit a letter of commitment that says , in the event the law reducing the town buffer requirement is not passed, that there is a willingness to acquire the necessary land to increase the boundary of the Planned Development to create the buffer. 10ePeu /Lbtroncid - AL,k4 tar O de Sao Discussion on parking space at H & E follow 1. 319 2 Planning Board Minutes August 16, 1 9.95 Jutt.a Locker said that she anticipated that there would need to be six (6) additional spaces for parking . There is the option of closing off one of the three driveways to the facility, if necessary, to create additional parking. Public Hearing Date for H & E Approved Amotion was made by Joel Gagnon and seconded by Ralph Wilbur that the Planning Board set the date of Monday, August 28 , 1995 at 7 : 30 P .M . for a public hearing on the H & E Machinery, Inc . Site Plan for the expansion proposal . A vote on the motion resulted as follows : Carried Unanimously Chairperson Horst asked Jutta Locker to submit to the Planning Board a letter of commitment for purchase of additional property for the creation of a buffer strip if so needed. Motion to Schedule a Special Meeting : A motion was made by Joel Gagnon and seconded by Arch Dotson to schedule a Special Meeting of the Planning Board to follow the public hearing for H & E Machinery, Monday, August 28, 1995 to act on the proposal . A vote on the motion resulted as follows : Carried Unanimously Indoor Construction Debris & Community Household Recycling Center Proposal - Craddock Barry Craddockhas submitted a proposal to operate a small volume Indoor Construction Debris & Community Household Recycling Center in his barn located at 35 Comfort Road. Mr. Craddock explainedthe operation as a home occupation owner business. Construction debris would be delivered and sorted in the barn with little or outside visible evidence. In addition to the construction debris it is possible that the barn could be used each Saturday from 9 a. m. to 12 : 00 noon as a Danby community household recycling center. He does not believe that this operation would create more traffic on the road as the property is located east of the closed bridge on Comfort Road. Discussion : SusanBeeners reported to the Planning Board that she believes that this is within the guidelines of a home occupation with little or no outside evidence of the operation. If there is increased traffic generated by a drop- off center, it may require a special permit.. ® Barry Craddock said there will be no external evidence and the operation of the facility will not require additional construction. Dumpster contents would be sorted for recycling inside the building. There are markets for recycling of most construction materials . Non recyclables would be delivered to a landfill . Joel said that the proposal appears to be a home occupation type operation. If there are complaints from residents of increased traffic created by the drop- off center then a special permit may be required. Mr. Craddock reported that there may be one neighbor who may not approve of his proposal . Bill Farrell suggested that he inform his neighbors of the proposal . e^ 3 Planning Board Minutes August 16, 1995 Motion Regarding Planning Board Opinion of the Indoor Construction Debris and Community Household Recycling Center Proposal as a Home Occupation A motion was made by Joel Gagnon and seconded by Arch Dotson that the Planning Board express its opinion that the Indoor Construction Debris and Community Household Recycling Center Proposal as presented by Barry Craddock appears to be a home occupation as defined in the Danby Zoning Ordinance and requires no Planning Board approval . Carried Unanimously Barnes Proposal Public Hearing Discussion The Board reviewed comments made a the public hearing for the Donald Barnes Proposal for the rezoning of his lot on Michigan Hollow Road to allow for a four (4) unit dwelling. Corrections to June 21 , 1995 Planning Board Minutes : Page 6 - Vote on. Motion to Add Definition of Manufactured Housing to Zoning Ordinance - Carried Unanimously Approval of June 21 , 1995 Planning Board Minutes : A motion was made by Joel Gagnon and seconded by William Farrell to approve the June 21 , 1995 Planning Board Minutes as corrected. Carried Unanimously Corrections to July 19 , 1995 Planning Board Minutes : 1 ) Page 1 - Add Chairperson Horst' s first name and add Mary Lou Hardesty to Members of the Public . 2) Page 3 - under - Motion to Delete the Owner Occupancy Requirement in Ordinance - delete "to delete the" replace with deletion of 3 ) Page 4 - under Section 902 under No. 3 delete "of ' replace with from. 4) Page 5 - under Motion to Refer Section 900 - add to the end of motion be approved. Approval of the July 19, 1995 Planning Board Minutes A motion was made by Ralph Wilbur and seconded by William Farrell to approve the July 19 , 1995 Planning Board Minutes as corrected. Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 00 P.M. • Respectfully submitted, a,e21 jyfi gm-dic Carol W. Sczepanski , Secretary