HomeMy WebLinkAbout1996-02-21 TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING
Public Hearing - Biskup 7 : 30 P. M. February 21 , 1996
PRESENT :
Chairperson Kenneth Horst
Planning Board Members : Arch Dotson, Joel Gagnon, Mary Lou Hardesty, Nancy Weitzel,
Ralph Wilbur
ABSENT :
William Farrell
Others Present:
Code Enforcement Officer - Susan Beeners
Secretary - Carol Sczepanski
Applicant - Stanly Biskup
Members of the Public:
Diana B . Hatch, James Hatch, Don Barnes, Kevin Caine, Cynthia L. Earl
Chairperson Ken Horst declared the Public Hearing open at 7 : 35 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, February 21 , 1996 at 7 : 30 P.M. , Danby Town Hall, 1830
Danby Road, Ithaca, New York 14850 . Purpose of the hearing is to consider Approval of the
Proposed Subdivision of Danby Tax Parcel No. 17. - 1 - 1 . 3 located on N. Y. S . route 34/96
(Spencer Road), 9. 71 acres total, into three (3 ) lots total with one lot to contain an existing
house. Stanly and Anna Biskup, Owners.
All interested parties will be given the opportunity to be heard either in writing or in person.
By order of the Planning Board
Published - February 16, 1996 " Carol W. Sczepanski, Town Clerk
The affidavit of Mailing for Neighbor Notification received 2/ 14/96 .
Diane Hatch - 500 Brown Road, Spencer, NY - opposes the subdivision and said that they
let the water through their land under the conditions that there would only be one-house.
James Hatch - 500 Brown Road, Spencer, NY - said that the agreement for the water line was
for one house not three.
Stanly Biskup - Applicant - said that the agreement to place the water line on the Hatch
• property was because it was easier than from NYS Route 34/96 . He said that the other lots in
the proposed subdivision are for his children for their future use. They do not plan to build at
this time.
I
Public Hearing Declared Closed :
Chairperson Ken Horst declared the Public Hearing closed at 7 : 40 P.M.
at44j Respectfu _Submittedd
1 rev
Carol W. Sc e
P
Phm-bisk. 96 Secretary
350
TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 7 : 30 P. M. February 21, 1996
PRESENT:
Chairperson Kenneth Horst
Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty,
Nancy Weitzel, Ralph Wilbur
Others Present :
Code Enforcement Officer - Susan Beeners
•
Secretary - Carol Sczepanski
Members of the Public:
Diana B . Hatch, James Hatch, Don Barnes, Kevin Cain, Cynthia L. Earl, Stanly Biskup(left at
7 : 55 P.M. )
Proposed Subdivision - Biskup
Joel Gagnon asked Mr. Biskup why he was proposing to subdivide the property now if he was
not planning to build on the remaining two lots right away.
Mr . Biskup said that his plan is to deed the two (2) remaining lots to his children so that he
would not be responsible for the upkeep of the property and taxes. He reported that he has
easements for the water line and the television cable from his neighbors to run the lines to his
house.
Susan said that the Buskup Subdivision could be approved subject to a provision of appropriate
easements submitted related to the water service.
Discussion - Scheduling of Public Hearings:
Chairperson Horst said that the Town has received some criticism in the past for failure to
expedite development proposals. Some critisims has come from the Town Board and some from
outside the Town Board. He is sensitive to critisim of the Planning Board because he thinks
some decisions have taken too long at the expense of mental anguish on the part of people
submitting proposals and also an increase in expense to the individuals who are making requests
to the Planning Board. That is the basis on which he felt there was no reason for the Planning
Board not to have a public hearing.
Joel said there should be restrictions on the authority of the Chair to call public hearings for
other than a minor subdivision as it has not been the practice of the Planning Board .
Bill Farrell said he thinks that the Chair should be able to call a public hearing without the
Planning Board agreeing to it. The Code Enforcement Officer is capable of reviewing proposals
to see that they are ready for a public hearing.
Nancy Weitzel said often the material for a proposal is submitted to the Town immediately after
a meeting. She does not think that it is necessary to hold up a proposal for two (2) months to
have the Planning Board review the material before a public hearing is scheduled .
Ralph Wilbur said he experienced delays when his business suffered a fire and had to apply for
permits to reconstruct a building. There was at least two (2) month ' s delay for the review of his
proposal and approval for the required permits.
Mary Lou Hardesty said that if there is a problem with any proposal that the Code Enforcement
Officer would advise the Chairman.
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2. - _
Regular Meeting 7 : 30 P. M.
February, 21 , I99G ' ; :
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PRESENT:
:
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Chairperson Kentte[}r 1lorsl :
Planning Board Members : Arch Dotson, William Farrell , Joel Gagnon, Mary Lou I-Iardcsty,
• 1.
Nancy Weitzel , Ralph \Vilbur . .
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Others Present : I
I Code Enforcement Officer - Susan Becncrs :
Secretary Carol Sczepanski
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Members of the Public: -- -.
.. _r' Diana 13 . Hatch 'attics Hatch, Don names, Kevin Cain, Cynthia L. Earl • , ;U ICI ? t f ;I•
.
Proposed Subdivision - I3iskup , • ' !
Joel Gagnon asked Mr. Biskup why lrc was proposing to subdivide Elie property now 'jibe was
- not planning to build on tire remaining two right away. j f ` 1
�T k
Mr. 13iskup said that his plan is to decd the two ( 2) rcrnauting lots to his cluldren no that Itc
' • would not be responsible for the upkeep of the property and taxes . KIc reported that he has • •
easements for the water lino and the television cable from his neighbors to run . tltc lines to ; his , . ;
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house. _
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•r• Fr. Susan said that Elie l uskup Subdivision could be approved subject to a provision of appropriate
casements submitted related to the water service.
•'y •
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-x,49' Discussion - Scheduling ofl'ublic Iicarirjg ..
Chairperson Horst said that the Town has received some criticism in the past for failure to , . . ,
`, •. r • expedite development proposals. Sorne critisitits has conic front lite Town Board and some from '
outside tite Town Board . lle . is sensitive to critisim of the Planning Board because he thinks
• 144 4
_ : . _;: some decisions have taken too long ' al the expense of mental anguish on the part of people . •
submitting 1111 )po8n19 and nisi; an increase in expense to the individuals who arc snaking requests , . I •:
to the I'lanrting Board . 'flint is the basis on which lie felt there was no reason for the Planning .
' Board not to have a public !tearing. ` " ` . .t.p
g !
` ; JoaVaa. r tcrc should be restrictions .on tltc authority of the Chair to call public hearings for
other ill minor subdivision as it has not been the practice of the Planning Board . I
.
. . . I _
13111 Farrell said he thinks that the Chair should be able to call a public hearing without lire
�[j t V` a '.ri 't�yy�yr( Ip' _ - __ _'-_Q_ ltd agreeing to it: ,:Tho Code Enforcement Officer is capable . ofrevicwin g proposals a'i ;42.•47,,
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fri Aar Tr" t Nancy Weitzel said often the material for a proposal is submitted to the Town immcdialcly after
' : - a mceting. , . She docs ;not think that it is necessary to hold up a proposal for two (2) months to
• � : have ' ih a"Planning Board review the material before a public hearin, is scheduled l `
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Ralph Wilbur said he experience delays when his business suffered a fire and had to apply for
its to reconstruct a building. There was at ! cast two (2) month 's delay for the review of his
proposal and approval for the required permits. .
Mary Lou Hardesty said that if there is a problem with any proposal that the Code Enforcement
: ; ;> c : . ,
Officer would advise the Chairman . ? � i <A ,
RESOLUTION NO. 3 OF " 1 r t ' 4 f - t r ,. "( :., t�' ` P t.). ,. V ki,a , :ced , 4 ,� \ /� y
\ .�' INATION - h}ISKU _SUUDIVISION - ARprotecl �l" 1'rc�l
);OR DETERMINATION .a�.4,*t,(1
By William Carrell : Seconded by Arch Dotson
WHEREAS, this action is the consideration of approval of tltc proposed subdivision of an by . .
• Tax Parcel No. 17.- 1 - 1 . 3 , located on N. Y. S . 34/96 ( Spencer Road ), 9, 71 acres total , into three • '
(3 ) lots total with one lot to contain an existing house , Stanly and Anna Biskup, Owners, and
•WIITIRIAS, this is an Unlisted action for which the Planning Board is acting as Lead Agency
in environmental review, and w
V WH EREAS, the Planning Board , at and following Public blearing on February 21 , 1996 has '`
t reviewed the Envirorimcrttal Assessment Form and draft environmental review prepared by the , :4.
Code Enforcement Officer, now be it
I
IWSOLVEI), that the Town ofDanby Planning Board , acting as Lead Agency in environmental
I review of this Unlisted action, . makes a negative determination of environmental significance . • .
for flue action.
1
A roll call with on the resolution resulted as follows :
Dotson Ayc 1
Farrell _ Aye 1 , t ., , £ r ,� ; •pM>, :h∎
� :. 7 t 'I , . 1 41 � , 4 ! '6 4J
` fr IM:. its 1 ,_ k u Gagnon 'v !t / S ' Ay. , t: ' 3 !I t. v I 1 r '. . ,r . . 4 v,.: FI 4. ' , ; U 1.110 :•4.•41t113 ile.Z
Ilardesty y i . _ I , I . ° ` ' ,
E I .
' . Wilbur _ . Ayc . . i •
, _ j! yy ._�yy`* v: . + .} }y� u1 1 y /'�4 �" Carved UnanimoUSly', r ,
'` '. 1 .F �,17 �1 •Y `33 yl l3, , KOi'91., t . ,><• ?a # ' I�Aye ; ' 1 � I.N I. 1 „r� ! lt' tt�'� NIt* Yi ,)1` ! .♦ • . : 1 ' •' �" t ! .• t r
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x' 51
2 Planning Board Minutes
February 21 , 1996
RESOLUTION NO. 3 OF 1996
SEQR DETERMINATION - BISKUP SUBDIVISION - Approved
By William Farrell : Seconded by Arch Dotson
WHEREAS, this action is the consideration of approval of the proposed subdivision of Danby
Tax Parcel No. 17. - 1 - 1 . 3 , located on N. Y. S . 34/96 (Spencer Road), 9. 71 acres total, into three
(3 ) lots total with one lot to contain an existing house, Stanly and Anna Biskup, Owners, and
• WHEREAS, this is an Unlisted action for which the Planning Board is acting as Lead Agency
in environmental review, and
WHEREAS, the Planning Board, at and following Public Hearing on February 21 , 1996 has
reviewed the Environmental Assessment Form and draft environmental review prepared by the
Code Enforcement Officer, now be it
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
for this action.
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. 4 OF 1996
BISKUP SUBDIVISION - Approved
By Nancy Weitzel : Seconded by William Farrell
WHEREAS, this action is the consideration of approval of the Proposed Subdivision of Danby
Tax Parcel No. 17 . - 1 - 1 . 3 , located on N. Y. S . Route 34/96 (Spencer Road), 9. 71 acres into three
(3 ) lots total with one lot to contain an existing house, Stanly and Anna Biskup, Owners, and
WHEREAS, this is an Unlisted action for which the Planning Board on February 21 , 1996,
acting as Lead Agency in environmental review, has made a negative determination of
environmental significance, and
WHEREAS, the Planning Board, at and following Public Hearing on February 21 , 1996 has
•
reviewed a map entitled "Survey Map, Parcel to be Conveyed by Roger and Janet Casterline,
N.Y. S . route 34-96, Town of Danby, Tompkins Co. , N. Y. " by T. G. Miller P. C. , Engineers and
Surveyors, dated October 4, 1994, revised through January 19, 1996, showing the Proposed
Subdivision, now be it
RESOLVED, that the Town of Danby Planning Board grants Preliminary and Final Subdivision
approval to the Proposed Subdivision as presented, and, be it further
RESOLVED, that appropriate easements be provided for any public utility services which may
cross adjoining private lands to serve the new lots, prior to the issuance of building permits for
said lots.
352
3 Planning Board Minutes
February 21 , 1996
A roll call vote on the resolution resulted as follows :
Six (6) Ayes - One ( 1 ) Abstained
Dotson Aye
Farrell Aye
Gagnon Abstained
Hardesty Aye
Weitzel Aye
Wilbur Aye
Horst Aye Carried
Sketch Plan Review - Earl, Cain Proposal
The Board reviewed a Sketch Plan Review for the Proposed Clustered Subdivision on
Gunderman Road, Berggren to Earl/Cain.
Susan Beeners said that she would recommend to the board that the information is complete
enough for a public hearing to be set. The purpose of the subdivision is for the buyers to obtain
a mortgage to build a home on a two (2) acre portion of the property. They are also buying the
remaining property.
Kevin Cain said that the only reason he is reducing the lot size to two (2) acres is for mortgage
purposes to build a home. The drive and the frontage along the road will remain as it is. He
wants approval of the subdivision so that he can build a house on the flag lot at this time.
Motion to set Public Hearing - Berggren to Cain/Earl Subdivision
A motion was made by Nancy Weitzel and seconded by Mary Lou Hardesty to set a public
hearing for the Proposed Berggren - Cain/Earl Subdivision for 7 : 30 P. M. , Wednesday, March
20, 1996 .
Carried Unanimously
Sketch Plan Review - Request for Special Permit - Lezlie Namaste and Gary Bercow
Lezlie Namaste and Gary Bercow have requested a Special Permit for a Proposed Private
School south of 222 Bald Hill Road.
Ralph Wilbur said he is familiar with this piece of property and that the driveway to the
structure may not be accessible for emergency vehicles as the drive is very steep. The building
is a barn board building standing on pillars and very poorly constructed. He thinks that the
Planning Board should visit the site before any decision for a hearing is considered.
Chairperson Horst said that before approval can be considered the building must meet building
and fire codes.
Susan described the building as an unfinished house on concrete piers. The applicants are
prepared to do finishing work, new electrical service and wiring, plumbing improvements and
other repairs as required for schools. She has suggested to the applicant that the fire department
be contacted regarding accessibility for emergency equipment. She said that the County
Health Department would have to issue some kind of a school permit, different from the
building permit. They would be involved with the water, septic and fire safety issues. There
are N. Y. S . Regulations for schools that must be met.
Susan will contact the applicants for permission for the board members to visit and look over
the proposed school site.
3s 3
4 Planning Board Minutes
February 21 , 1996
Bill Farrell asked Susan to check with the health department to find out what their requirements
are for schools.
Sketch Plan Review - Proposed Special Permit - Holt
A Sketch Plan has been submitted by Gladys Holt requesting a Special Permit for the temporary
placement of a singlewide mobile home at 399 Hornbrook Road .
Susan suggested that before the Board postpone any action to set a hearing for the Special
Permit until matters related to possible zoning violations on the property are addressed . Ms.
Holts son operates a hobby type of dismantling operation.
Motion to Postpone Proposed Special Permit - Holt
A motion was made by Arch Dotson and seconded by Ralph Wilbur that the applications of
Gladys Holt for a special permit are postponed for consideration pending possible zoning
violations on the property are addressed.
Carried Unanimously
Request for Final Site Plan Approval - Barnes
Susan reported that the request for Final Site Plan Approval must be postponed until further
notice.
RESOLUTION NO. 5 of 1996
CONSIDERATION OF BARNES PROPOSAL ADJOURNED
By Joel Gagnon: Seconded by Arch Dotson
RESOLVED, that consideration of the application of Donald Barnes for Final Site Plan
Approval for Planned Development on Michigan Hollow Road is adjourned until the Town
Attorney has advised the Planning Board that it is appropriate to proceed with such review.
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
Other Business:
County Planning Federation
Chairperson Horst reported Arch Dotson has attended his first Tompkins County Planning
Federation Meeting.
Arch Dotson reported that he has taken the "Oath of Office" and will attend the March 12, 1996
meeting.
Ralph Wilbur reported that there are important issues coming related to SEQR. There will be
a Meeting at the Holiday Inn on Wednesday, March 20, 1996 at 7 : 00 P. M. He said he feels
that a Town of Danby representative should attend. There will be a meeting to discuss long term
management on State Land, Wednesday, February 28, 1996 7 : 00 - 9 : 00 P.M. at Caroline
Elementary School Cafeteria .
3sV
5 Planning Board Minutes
February 21 , 1996
Public Hearing Minutes - Boardman - January 1996 Minutes - Approved
A motion was made by Joel Gagnon and seconded by Nancy Weitzel to approve the Planning
Board Public Hearing Minutes for the Boardman Proposal of January 17, 1996 as published.
Carried Unanimously
Combined Meeting of Town Board
Chairperson Horst reported that a combined meeting of the Town Board, Planning Board and
Board of Zoning Appeals at 8 : 00 P. M. on Monday 11 , 1996 . He urged all members of the
Planning Board to attend. The Town Clerk will send notice to members of all Boards.
Miscellaneous
Organization of a Small Business Association
Chairperson Horst reported that he was asked to contact Jim Hovanec about the possibility of
helping organize a business association in Danby. Jim indicated that he would be willing to
work with the Town if interest were shown. The organization of business associations has been
tried before without much success.
Proposed Business Survey:
Chairperson Horst said that we might consider a survey to business in Danby that would identify
services provided by a business, number of employees and the reason the business is located in
Danby and other information related to individual business.
Susan said that the Board might consider a survey mailed directly to the known business in the
Town with prepaid return postage
Ralph Wilbur suggested that the Planning Board invite the business community to a meeting to
help develop an agenda for planning a small business association.
The Board discussed the need to start work on revising the Comprehensive Plan. Susan
suggested that members of the Board look over plans from other towns that are on file in her
office.
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 05 P. M.
Respectfully submitted,
�� _ f�•
Carol W. Scze�a ki, Secretary
min-2- 17 . 96