HomeMy WebLinkAbout1995-09-20 TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 7 : 30 P. M. September 20 , 1995
PRESENT :
d "
Vice Chair : Nancy Weitzel
Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty,
Ralph Wilbur
ABSENT :
Ken Horst (Excused)
Others Present :
Carol W. Sczepanski - Secretary
John Barney - Town Attorney
Members of the Public :
Mary 0 . Reynolds , Howard Steiner, Barry Craddock, Ani Schatz, Don Barnes
Vice Chair Nancy Weitzel called the meeting to order at 7 : 30 P . M .
PRIVILEGE OF THE FLOOR
Barry Craddock of 35 Comfort Road addressed the Board and stated he is unhappy by the way
he was treated by the Planning Board. He submitted, in good faith, a proposal to operate a
recycling operation for construction materials and was sent away with a green light. He said that
he did nothing underhanded and was completely above board with his proposal and in the
opinion of the Planning Board that it was okay. They sent him away with that idea that there
would not be a problem. He said he believes he was misled and has invested approximately
$22,000. 00 to start what he thought was an approved home occupation. He is amiss to how the
Town Board can consider what he does in his barn to be considered a junk yard, The definition
of a junkyard, as far as he is concerned, is outside evidence such as cars, not anything to do with
what he had in mind for his recycling operation.
Don Barnes - 57 Michigan Hollow Road reported that he submitted a proposal to the Planning
Board for a rezoning of his property on Michigan Hollow Road. He submitted a letter in
support ofhis project from Roy Hornbrook to the Town Clerk that did not arrive in time for the
public hearing. Mr. Barnes submitted a petition addressed to the Planning Board and dated
September 20 , 1995 that contains 23 signatures .
"To : Danby Planning Board
As residents and (or) tax payers of Danby, we would like to request in writing that the
application to rezone eight acres of parcel 14 . - 1 -4 . 2 from a Low Density Zone to a �t
Planned Development Zone be approved. We support the proposal presented to the
Danby Planning Board on July 13 , 1995 by Don Barnes . "
Communications : f
1 ) Letter- to Planning Board from Roy Hornbrook dated August 18, 1995 in support of the
Barnes Proposal .
2) Letter to the Planning Board from Mary Osgood Reynolds dated September 14 , 1995
regarding the Application for rezoning from Donald Barnes . This was submitted on
behalf of the Cayuga Lake Beagle Club in opposition to the proposal .
Mary Osgood Reynolds - Attorney at Law, Alpine, New York - representing the Cayuga Lake
Beagle Club - -addressed the Board and reported that the function of the Beagle Club is running
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September 20, 1995
dogs. The only feasible type zone for them is low density zoning. In addition to the facts stated
in her letter to the Board she said there is nothing to be gained by a zoning change. She asked
that the Board also consider that the benefit this zoning change would garner for the Town as
a whole is minimal as opposed to the alternative, which would be the same. The tax base would
be the same or even better with three (3 ) two unit dwellings. There would be no significant
increase in the tax base over what is currently available, nor any other benefit to the other
residents in the Town. Certainly the Beagle Club has been in the business of running beagles and
• this being a very quiet neighborhood they would be very strongly opposed to the rezoning.
Arch Dotson reported to the chair that he has not been able to find any detail representation of
the proposed four unit building and asked if the Board had received detailed plans concerning
this proposed structure.
Mr . Barns reported that he is waiting for a his proposal to be approved before he goes to the
expense of purchasing plans for design. He wants the house to be similar to the two unit house
he has on Michigan Hollow Road. The difference will be that there will be two units in the
basement.
Motion to Move to Executive Session :
A motion was made by Joel Gagnon and seconded by Arch Dotson that the Planning Board
moveto Executive Session at 7 : 55 F. M . to discuss a matter involving possible litigation and that
the Town Attorney is invited to attend.
A vote on the motion resulted as follows.
Carried Unanimously
The regular meeting reconvened at 8 : 05 P.M.
Part 2 - SEQR - Barnes Proposal
The Planning Board reviewed the Part 2 - Project Impacts and Their Magnitude, Visual EAF
Addendum, and the attachments for the Barnes Proposal .
RESOLUTION NO . 9 OF 1995
RECOMMENDATION TO DANBY TOWN BOARD FOR A NEGATIVE
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WITH RESPECT TO
A PROPOSED PLANNED DEVELOPMENT ZONE ON MICHIGAN HOLLOW
ROAD - BARNES PROPOSAL- APPROVED
By Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of a recommendation to the Town Board with
respect to a proposed PLANNED DEVELOPMENT ZONE on Michigan Hollow Road,
• proposed to consist of a new 4 -unit dwelling on an 8 +!- acre portion of Town of Danby Tax
Parcel No . 14 . - 1 -4. 2 , and
WHEREAS , this is a Type 1 action for which the Town of Danby Town Board is Lead Agency
in environmental review, and
WHEREAS , the Planning Board, acting as a recommending agency to the Town Board, has
held a public hearing on the proposal on August. 16 , 1995 , and
WHEREAS, thePlanning Board has reviewed the SEQR Full Environmental Assessment Form
along with a recommendation from the Code Enforcement. Officer, and
WHEREAS , the Planning Board has reviewed the "General Considerations for Site Plans"
provided in Section 804 of the Zoning Ordinance, now, therefore, it is
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September 20, 19€6
RESOLVED , that the Planning Board recommends to the Town Board that a negative
determination of environmental significance, be made for this action.
A roll call vote on the resolution resulted as follows :
(Four (4) Aye - Two (2) Nay)
Dotson Aye
Farrell Nay
Gagnon Aye
•
Hardesty Aye
Wilbur Nay
Weitzel Aye Carried
RESOLUTION NO . 10 OF 1995
RECOMMENDATION TO THE TOWN BOARD THAT THE PROPOSED PLANNED
DEVELOPMENT ZONE ON MICHIGAN HOLLOW ROAD BE DENIED (Barnes)
By Joel Gagnon : Seconded by Arch Dotson
WHEREAS , this action is the consideration of a recommendation to the Town Board with
respect to a proposed PLANNED DEVELOPMENT ZONE on Michigan Hollow Road,
proposed to consist of a new 4-unit dwelling on an 8 +I- acre portion of Town of Danby Tax
Parcel No . 14 . - 1 -4 . 2 , and
WHEREAS , this is a Type 1 action for which the Town of Danby Town Board is Lead Agency
in environmental review, and
WHEREAS , the Planning Board, acting as a recommending agency to the Town Board, has
held a public hearing on the proposal on August 16 , 1995 , and
WHEREAS, the Planning Board has reviewed the SEQR Full Environmental Assessment Form
along with a recommendation from the Code Enforcement Officer, and
WHEREAS , the Planning Board has recommended that the Town Board make a negative
determination of environmental significance for this action, and
WHEREAS , the Planning Board has reviewed the "General Considerations for Site Plans "
provided in Section 804 of the Zoning Ordinance, now, therefore it is
RESOLVED , that the Planning Board hereby recommends to the Town Board that the
application for a Planned Development Zone be denied, and be it further
RESOLVED, that the Planning Board hereby recommends to Mr. Barnes that if he chooses to
pursue this proposal with the Town Board, that he include in the information the design of the
building and proposed future uses of the remaining lands to facilitate the Town Boards review
and the neighborhood ' s additional consideration.
Discussion :
Joel said that if this is to be a Planned Development then he would oppose it because he does
not think that we should be making rezonings in neighborhoods unless we have the support of
the neighborhood for a rezoning.
Ralph said that he thinks that he does not see any other way to handle rezoning requests except
one issue at a time. We need to have some consistency.
Arch said this proposal does not have the support. of the neighborhood and in his view it
shouldn't have.
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September20, 1995
Mary Lou said she thinks the Town of Danby Town has approved of a (one) multiple dwelling
that did not require owner occupancy.
Nancy said that the Board needs to start denying some requests for rezoning proposals.
Proposals submitted to the Board for consideration must contain complete information and a
detailed plan of what is to be constructed. We cannot act if we do not know what the completed
project will be when it is completed.
• Ralph Wilbur said he does not see how we can vote yes or no when we have not seen anything
that is planned for this piece of property. No plan for the actual structure that is planned for this
site has been submitted.
Arch Dotson said that he is not worried about size of building or the slope of the roof but of
the proposed use.
Mary Lou Hardesty suggested that the Board ask Mr. Barnes if he wanted the Planning Board
to defer this proposal until he brings in additional information for the proposed structure.
A roll call vote on the resolution resulted as follows :
Four (4) Ayes - - Two (2) Nays
Dotson Aye
Farrell Nay
Gagnon Aye
Hardesty Nay
Wilbur Aye
Weitzel Aye Carried
SKETCH PLAN REVIEW - SPRINGHOUSE FARM LAND TRANSFER
The Planning Board reviewed a Sketch Plan for an application from Brian and Susan Beeners
to consider atransfer of land within a Planned Development District (Springhouse Farm) located
at 20 Bald Hill Road. The request is a property line transfer 2 . 05 acres (subject to survey) from
Tax Parcel No . 10 . - 1 - 21 . 15 to Parcel No . 10 . - 1 - 21 . 14 .
Joel Gagnon said that this is a request to move a line within a Planned Development. District and
does not have any impact on the Planned Development. This is a subdivision and there will be
no change in the PDD use.
Motion to Schedule Public Hearing - Springhouse Farm
A motion was made by Joel Gagnon and seconded by Ralph Wilbur to set a public hearing date
of October 18 , 1995 at 7 : 15 P . M. for the Springhouse Farm Land Transfer application
• submitted by Brian and Susan Beeners.
A vote on the motion resulted as follows :
f Carried Unanimously
Other Business :
Grant Proposal - Rural New York Planning Grant
Vice Chair Nancy Weitzel reported that a grant application has been submitted to Mr. Church
of the New York Planning Federation, for a Rural New York Planning Grant. The purpose of
the request was to complete an economic analysis for the Town of Danby. The grant application
was submitted in the amount of $4 ,006. 00 . The project is for a proposed economic analysis that
includes a survey of businesses and customers , collection of economic information, the
production of a business directory and a final report. The funds would allow the Town to obtain
the technical assistance for the economic analysis project through the Tompkins County Circuit
Rider Program.
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September 20, 1995
Indoor Construction Debris and Community Household Recycling Center - Craddock
Proposal
Joel referred to a document from the neighbors that outlined why they thought the Craddock
Proposal was not entitled to be regarded as a permitted use without a permit and was not a home
occupation. The basic argument was that it was not a home occupation as defined in our
ordinance and it is a junk yard as defined in our ordinance. Joel said that the definition of a junk
yard in our ordinance includes essentially any recycling business .
Attorney Barney read the portion of the ordinance that refers to the definition of a junk yard. •
Mr . Craddock said that to say his proposed indoor operation is a junk yard in his opinion is
really not a junk yard. It is not his intention to ever have a junk yard and the total operation was
to be inside the building.
Attorney Barney said that the definition of a junk yard includes the inside of a building.
Corrections to August 16 , 1995 Planning Board Minutes
1 ) page 1 - H & E Proposal - delete [the expansion of] and delete The site plan has been
modified since the Planned Development zone was established] add The proposal would
modify the site plan for the Planned Development Zone;
2) page 2 - add response - - Ms. Locker responded that she was willing to do so.
3 ) page 2 -under Indoor Construction Debris St Community Household, etc. after
occupation add , and delete [ occupied] and replace with operated
Correction to August 28 , 1995 Planning Board Minutes
1 ) Page 2 - Resolution No . 7 - delete [ Short] replace with Full
Motion to Approve August. 16, 1995 and August 28 , 1995 Planning Board Minutes :
Amotionwas made by William Farrell and seconded by Arch Dotson to approve the August 16 ,
1995 and the August 28, 1995 Public Hearing and Special Meeting Minutes as corrected.
Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 00 p . m.
act“,5ailszifts%;
Carol W. Sczepecretary •
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