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Home My WebLink About1995-11-29 e.' eJ ca 1 Planning Board Minutes Public Hearing - Cove November 29, 1995 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING 2 Public Hearing - Cove 7 : 30 P.M. November 29 , 1995 PRESENT : IDChairperson Ken Horst Planning Board Members : Arch Dotson, William Farrell , Joel Gagnon, Mary Lou Hardesty, Nancy Weitzel , Ralph Wilbur Others Present : Carol W. Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Mary Oltz - Town Supervisor Howard Stiener - Councilperson Maura Cove Applicant Edward Inman Chairperson Horst declared the public hearing open at 7 : 36 P . M . and read the following Notice of Publication: " NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Planning Board of the Town of Danby on Wednesday, November 29 , 1995 at 7 : 30 P .M. , Danby Town Hall , 1830 Danby Road, Ithaca, New York, 14850. Purpose of hearing is to consider the proposed subdivision of Town of Danby Tax Parcel No . 8. - 1 - 1 . 11 , located at 89 Layen Road, Ithaca, New York, into a 4 +I- acre lot containing an existing house, and a 5 . 43 +1- acre vacant lot, Maura Cove, Owner/Applicant. All interested parties will be given the opportunity to be heard either in writing or in person. By Order of the Planning Board Chair Carol W. Sczepanski , Town Clerk. Dated : November 20, 1995 Published : November 22 , 1995 " Affidavit of Neighbor Notification was submitted. Written Communications - Public Comment. The following letter was received 11 /29/95 to be read into the public hearing record : "Danby Town Planning Board ID Carol W. Sczepanski , Town Clerk SCAB adjacent landowners of Town of Danby tax parcel no. 8 . - 1 - 1 . 11 , we are strongly opposed to the proposed subdivision. The proposed L- shaped vacant lot of 5 .43 +/- acres would significantly diminish the value of our property by creating a potential house site directly under or down hill from our house. It would create a potential health hazard by potentially siting a well directly down hill from the distribution field for our septic system (which was why, you should note, parcel 1 . 12 was subdivided at the request of Aist, the previous owner of 1 . 11 ) . Thank you for considering and recording our interest in this matter. Willard J. and. Toby B. Peterson 81 Layen Road, Danby, Ithaca, NY 14850 80 Murray Place, Princeton, NJ 08540 " IS • S 9 ` A t er 2 Planning Board Minutes Public Hearing - Cove November 29, 1995 Maura Cove said that she does not see that by a simple subdivision of her land that it will decrease the value of the Peterson ' s property. She is selling the portion of her property that contains a house. Ms . Cove explained that the L- shape of the subdivided parcel is at the buyers request so that a building cannot be placed close to them on the adjoining parcels . No public appeared to address the public hearing. Public Hearing Declared Closed IP Chairperson Horst declared the public hearing closed at 7 : 50 P . M . Respectfully submitted, duel jff&7144- Carol W. Sczepanski , Secretary phm- 12 - 29. 95 amomMi • 1 F1 �y c.1 Planning Board Minutes November 29, 1995 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P .M. November 29, 1995 PRESENT : Chairperson Horst Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty, Nancy Weitzel , Ralph Wilbur Others Present : Carol W. Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Mary Oltz - Town Supervisor Howard Steiner - Councilperson Members of the Public : Maura Cove, Edward Inman Chairperson Horst called the meeting to order at 7 : 50 P . M . SUBDIVISION - MALTRA COVE A public hearing was held on Wednesday, November 29 , 1995 at. 7 : 30 P .M. to hear public comment on the proposed subdivision of Town of Danby Tax Parcel No. 8. - 1 - 1A1 located at. 89 Layen Road, Ithaca, New York into a 4 +1- acre lot containing an existing house, and a 5 .43 +1- acre vacant lot. Maura Cove, Owner/Applicant. RESOLUTION NO. 13 of 1995 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE- Approved By Joel Gagnon : Seconded by Arch Dotson WHEREAS , this action is the consideration of a determination of environmental significance for the proposed subdivision of Town of Danby Tax parcel No . 8. - 1 - 141 located at 89 Layen Road, into a 4 +/- acre lot containing an existing house, and a 5 .43 +f- acre vacant lot, Maura Cove, Owner/Applicant, and WHEREAS , this is an Unlisted action for which the Town of Danby Planning Board has been legislatively determined to act as Lead Agency in environmental review, and WHEREAS, the Planning Board, at and following public hearing on November 29, 1995 , has reviewed the Short Environmental Assessment Form and the recommendation by the Code Enforcement Officer that a negative determination of environmental significance be made for • this action, now therefore, it is RESOLVED, that the Town of Danby Planning Board, acting as Lead Agency in environmental review of this Unlisted action, makes a negative determination of environmental significance. A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Weitzel Aye Wilbur Aye Horst. Aye Carried Unanimously 6 el v 2 Planning Board Minutes November 29, 1995 RESOLUTION NO 14 of 1995 APPROVAL OF PROPOSED COVE SUBDIVISION By Joel Gagnon : Seconded by William. Farrell VVHEREAS , this action is the consideration of preliminary and final subdivision approval for the proposed subdivision of Town of Danby Tax parcel No . 8 . - 1 - 1 . 11 , located at 89 Layen Road, into a 4 +1- acre lot containing an existing house, and a 5 . 43 +1- acre vacant lot., Maura Cove, Owner/Applicant, and WHEREAS, this is an Unlisted action for which the Town of Danby Planning Board, acting as • Lead Agency in environmental review, has on November 29 , 1995 made a negative determination of environmental significance, and 'WHEREAS, the Planning Board has held a public hearing on the proposed subdivision on November 29 , 1995 , now therefore, it is RESOLVED , that the Town of Danby Planning Board hereby grants preliminary and final subdivision approval to the subdivision as proposed, subject to the submission of a final survey map, suitable for filing, for signature by the Chairperson of the Planning Board, and it is further RESOLVED, that granting of subdivision by the Planning Board should in no way be construed as an acknowledgment that the road to the west of the proposed 5 . 4 +1- acre lot denominated on the subdivision plan as now or "now or formally Sandbank Road" is a public road or that the Town of Danby or Town of Newfield have any obligations with respect to the maintenance of said road, it being understood that any further subdivision of said proposed 5 .4 +1- acre lot requiring access over "Sandbank Road" may be conditioned upon the subdivider constructing a public road to the appropriate Town highway specifications and conveying same to the appropriate towns . A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Weitzel Aye Wilbur Aye Horst Aye Carried Unanimously RESOLUTION NO . 15 of 1995 EXTENSION OF TIME FOR FILING OF THE CAMELOT SUBDIVISION FINAL PLAT - Approved By Joel Gagnon: Seconded by Nancy Weitzel WHEREAS , the Town of Danby Planning Board on June 21 , 1995 granted Final Subdivision • Approval, with certain conditions , to the proposed Camelot Subdivision, proposed to be located northeast of the intersection of N. Y. State Route 34/96 (Spencer Road) and Hillview Road on Town of Danby Tax Parcel No . 26 . - 1 - 9 . 3 , and WHEREAS, Glen Harrington, developer of the proposed Camelot Subdivision, has requested that the Planning Board grant a 90 - day extension to the requirement that a final plat be signed by the Planning Board chairperson no later than 180 days after final subdivision approval , as provided in Section 210 , Paragraph 8 of the Town ofDanby Subdivision Regulations , now, therefore, it is RESOLVED , that the Planning Board finds that said extension would have no significant adverse environmental impact, and would not significantly change the Type I determination of environmental significance made on May 17 , 1995 by the Planning Board, and it is further n O 3 Planning Board Minutes November 29, 1995 RESOLVED, that the Planning Board hereby wants a 90 - day extension to the requirement that the final plat for Camelot Subdivision be signed by the Planning Board chairperson no later than 180 days after final subdivision approval , as provided in Section 210 , Paragraph 8 of the Town of Danby Subdivision Regulations . A roll call vote on the resolution resulted as follows : Five (5 ) Ayes - Two (2) Abstained Dotson Aye • Farrell Aye Gagnon Aye Hardesty Abstained Weitzel Aye Wilbur Abstained Horst Aye Carried Ralph Wilbur and Mary Lou Hardesty abstained because they were not familiar with the "Camelot" project. Nature ' s Song Retreat Center Susan reported that she received an inquiry from a South Danby Road resident regarding the frequency of seminars and meetings held at the Nature ' s Song Retrea lilanning Board approval for the Retreat Center was for three (3 ) weekend seminars per month from May to November Ms . Boardman has sent a reply explaining the change in scheduling from weekends to weekdays was because participants preferred weekday scheduling. Attendance at the seminars has been very light and there have not been complaints from the neighborhood. Susan said that the Town Attorney has recommended that Ms. Boardman apply for a modification of the Special Permit and that a public hearing is required. The Board reviewed the calendar of events, submitted by Ms. Boardman, held at the retreat cater for the months of June 1995 - November 1995 . The information indicated that attendance is very light and generates little traffic. Motion of Decision for Public Hearing - Nature' s Song Retreat Center A motion was made by Arch Dotson and seconded by Nancy Weitzel that the Planning Board concurs with the Town Attorney ' s opinion that the Planning Board hold a public hearing if Ms . Boardman submits application for a Modified Special Permit for the Nature ' s Song Retreat Center. A vote on the motion resulted as follows : Carried Unanimously • Susan asked the Planning Board to consider a public hearing date for the January 1996 meeting for a Modified Special Permit for Nature ' s Song Retreat Center presuming that the application materials are complete. Miscellaneous Reports : Rural Planning Grant Susan reported that the Town has submitted application for a Rural Planning Grant. If awarded, County Planning will do a mail survey of businesses and customers in the Town. They would also look at our statistics and other available information, i . e. Comprehensive Plan and Zoning Ordinance. The information will be analyzed and they will make recommendations as to what areas are best suited for commercial development. The information will be used to develop a business directory and there would be a final report on economic development. This County Planning Project will not be able to identify small home-based businesses . That work will be done in advance by her office and they are now preparing a listing of small business and addresses as well as the larger businesses. 338 4 Planning Board Minutes November 29, 1995 Susan suggested that it might be helpful if members of the area businesses could come in and interact with the Planning Board or develop an economic advisory committee. Miscellaneous Reports : Chairperson Horst reported that there are programs provided by Cooperative Extension for newly elected and experienced government officials . Consideration of Home Occupation Regulations : Susan referred to the information submitted by Joel Gagnon in October 1995 related to the • ctiteria related to businesses. She said she has checked with the Town Attorney and he said that it is not a good practice to have a mechanism by which neighbors within 500 feet of the site must approve or disapprove of a business. If there is something where there is a troublesome land use coming in, the Board should listen to the neighbors, but they should make their own independent decision. She said you could have some sort of a mechanism where if there is a tremendous amount of opposition to a proposal within a certain area, that the Board must approve the project by a super majority vote. The Planning Board reviewed a draft of proposed changes to the Home Occupation section of the ordinance to define home-based businesses and definitions . Susan said the Town needs a category other than home based business that addresses small commercial type property. The proposed type C home-based businesses in the draft are the type that we do not permit anywhere in our home occupations . Ralph Wilbur said that you cannot operate a business where the neighbors say where you can have a healthy business as they can choke a business to death. Businesses do not just appear overnight. He said he objects to mailing letters to adjacent land owners within 500 feet. You cannot have neighbors (however far away notification letters are sent) determining whether a home based business can operate even if a business already exists . Joel said that he thinks that the government ought to respond to the people who are going to be affected most by the decision for a rezoning proposal . They ought to have the most say in the decision process . Susan said that you could include a majority vote provision where if more than 25 % of the property owners around a rezoning site are opposed, the Town Board could not approve a rezoning except by a super majority vote. The Board will review and consider the proposed revisions at the December meeting. Corrections to October 18 , 1995, Public Hearing Minutes - Beeners 1 ) correct statement - delete (enable Brian Beeners enough acreage for a greenhouse. ) Add divide the property between family members. • Motion to approve October 18 , 1995 Public Hearing Minutes : A motion was made by Joel Gagnon and Seconded by Ralph Wilbur to approve the October 18 , 1995 Public Hearing Minutes as corrected. A roll call vote on the motion resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Weitzel Aye Wilbur Aye Horst Aye Carried Unanimously 339 5 Planning Board Minutes November 29, 1995 Corrections to October 18 , 1995 . * Minutes 1 ) First Whereas, Reso . No . 11 - Add the name Brian 2) Under Water & Sewer Information - delete (Kneiderkorn) add Niederkom 3 ) In Joel ' s report add - add after essential larger existing. . . and delete (of) and add and marketing. 4) Under Recycling of Construction and Household Materials - - Ralph said (not reported) • 5) Possible Revisions to Subdivision Regulations - - Susan suggested (not reported) Motion to approve October 18, 1995 Minutes A motion was made by Joel and seconded by Arch Dotson to approve the October 18, 1995 Planning Board Minutes as corrected. A roll call vote on the motion resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Weitzel Aye Wilbur Aye Horst Aye Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 55 P. M . Respectfully submitted, dtpiz,S Carol W. Sc o / ski , Secretary mini 1 -29. 95 S