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1 Planning Board Minutes
Public Hearing - Cain
March 20, 1996
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING
Subdivision-Berggren/Cain 7 : 30 P.M. March 20, 1996
PRESENT:
Vice Chair - Nancy Weitzel
Planning Board Members : William Farrell, Joel Gagnon, Mary Lou Hardesty, Ralph
Wilbur
ABSENT:
Kenneth Horst (Excused)
Arch Dotson (Excused)
Others Present:
Susan Beeners - Code Enforcement Officer
Carol W. Sczepanski - Secretary
Kevin Cain - Applicant
Howard Steiner - Councilperson
Members of the Public:
David S . Stanton, Dolly Holt, Scott Belden, Robert and Sidney Doan, Ted K. Merritt
Vice Chair Nancy Weitzel declared the public hearing open at 7 :41 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, March 20, 1996 at 7 :30 P .M. , Danby Town Hall, 1830 Danby Road,
Ithaca, New York, 14850. Purpose of hearing is to consider approval of the proposed subdivision of
a two (2) acre building lot from Town of Danby Tax parcel No. 8 . - 1 -34 . 32, with the remaining
acreage of said Tax Parcel to be consolidated with Tax Parcel No. 8 . - 1 -34. 52 and further to consider
approval of a possible future subdivision plan for up to three (3) additional lots on the remainder of
8.-1 -34.32 and 8. -1 -34. 52. Parcels are located on Gunderman Road, east of Comfort Road. Richard
and Betty Berggren, owners; Kevin Cain and Cynthia Earl, applicants.
All interested parties will be given the opportunity to be heard either in writing or in person.
By Order of the Planning Board
Carol W. Sczepanski, Town Clerk
Dated: March 12, 1996
Published: March 14, 1996"
An affidavit of Mailing - Neighbor Notification received March 13, 1996.
Public Comment:
David Stanton of 623 Comfort Road - is concerned about the visual effect of the proposed southern
house sites. He said he is not convinced that this is the proper use of a cluster subdivision.
Applicant, Kevin Cain reported that he is purchasing both parcels (No. 8 . - 1 -34. 32 and No. 8 . - 1 -
34. 52) and the two (2) acre lot is for mortgage purposes. The access drive will remain in its present
location The subdivision plat shows what he may be allowed to use the remaining lands for in the
future.
Mr. Stanton said he did not have a problem with the first building unless the Town of Danby plans
to make the access drive a legal road.
Susan Beeners said that the Town Attorney reviewed the plats and he sees nothing inappropriate as
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2 Planning Board Minutes
Public Hearing - Cain
March 20, 1996
far as translating a conventional plat with a public road into a cluster plat with shared public driveways.
She said that if they propose future subdivision, Mr. Cain would have the opportunity to come back
to the Planning Board with detailed plans showing that there are appropriate cross easements and
maintenance agreements on the private driveway and that it is adequate for emergency vehicles.
Bob Doan of 94 Gunderman Road asked Mr. Cain to show him where the building would be located
on the lot in relation to the access road.
Public Hearing Declared Closed :
Vice Chair Weitzel declared the public hearing closed at 7 : 56 P.M.
' ,$) aical-C:
Carol W. Sczepd Secretary
Phm-Cain
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1 Planning Board Minutes
March 20, 1996
TOWN OF DANBY
PLANNING BOARD MINUTES
Regular Meeting 7 : 30 P.M. March 20, 1996
PRESENT:
Vice Chairman - Nancy Weitzel
Planning Board Members : William Farrell, Joel Gagnon, Mary Lou Hardesty, Ralph Wilbur
ABSENT (Excused)
Arch Dotson
Kenneth Horst
Others Present: .
Code Enforcement Officer - Susan Beeners
Secretary - Carol Sczepanski
Council Person - Howard Steiner
Members of the Public:
Kevin Cain, David S . Stanton, Gladys (Dolly) Holt, Scott Belden, Robert and Sidney Doan, Ted
Merritt
The meeting was called to order by Vice Chair Nancy Weitzel at 7 : 58 P.M. and reported that there
two (2) items additional items to be added to the Agenda :
II1 ) Public Hearing Matter - Berggren\Cain Subdivision
2) Benson\Seely Proposal for a possible Subdivision
Berggren\Cain Subdivision Proposal.
Kevin Cain addressed the Board and said that this proposal is for mortgage purposes only. His
concern at this lime is to be able to obtain a mortgage to build a family dwelling on a two (2) acre lot.
He has purchased the additional properties and wants to know how he may use the remaining lands
at a later time.
Susan suggested that the Board consider granting conceptual approval of the subdivision subject to
the submission of easements for access and driveway maintenance, and that there be preliminary and
final subdivision approval for the two (2) acre lot. She asked the Board to consider the addition of
the following conditions to their approval of the subdivision proposal.
1 ) That the remaining lands all be consolidated into one piece;
2) That a final survey map be submitted for signature of Planning Board Chairperson;
3) The survey map showing the seventy-five (75) foot setback around the perimeter
RESOLUTION NO. 6 of 1996
SEQR DETERMINATION - BERGGREN TO EARL/CAIN SUBDIVISION - Approved
By Joel Gagnon: Seconded by Mary Lou Hardesty
IlWHEREAS, this action is to consider approval of the proposed subdivision of a two (2) acre building
lot from Town of Danby Tax Parcel No. 8 . - 1 -34. 32, with the remaining acreage of said Tax Parcel
to be consolidated with Tax Parcel No. 8 . - 1 -34. 52, and further, to consider approval of a possible
future subdivision plan for up to three (3) additional lots on the remainder of 8 . - 1 -34. 32 and 8 . - 1 -
34 . 52, with the parcels located on Gunderman Road, east of Comfort Road; Richard and Betty
Berggren, owners; Kevin Cain and Cynthia Earl, applicants; 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 March 20, 1996, has reviewed
the Environmental Assessment Form and draft environmental review prepared by the Code
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March 20, 1996
Enforcement Officer, and other application materials, 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 for this
action.
A roll call vote on the resolution resulted as follows :
Farrell Aye
Gagnon Aye
Hardesty Aye
Wilbur Aye
Weitzel Aye Carried Unanimously
RESOLUTION NO. 7 of 1996
BERGGREN TO EARL/CAIN SUBDIVISION - Approved
By Joel Gagnon : Seconded by William Farrell
WHEREAS, this is to consider approval of the proposed subdivision of a two (2) acre building lot
from Town of Danby Tax Parcel No. 8 . - 1 -34. 32, with the remaining acreage of said Tax Parcel to
be consolidated with Tax Parcel No. 8 . - 1 -34. 52, and further to consider approval of a possible future
subdivision plan for up to three (3) additional lots on the remainder of 8 . - 1 -34. 32 and 8 . - 1 -34. 52, with
the parcels located on Gunderman Road, east of Comfort Road; Richard and Betty Berggren, owners;
Kevin Cain and Cynthia Earl, applicants; and
WHEREAS, this is an unlisted action for which the Planning Board on March 20, 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 March 20, 1996 has reviewed
the following maps : "Hypothetical Plan" by Kevin Cain, dated February 15, 1996; "Cluster Plan
Showing Phase I Building Lot and Possible Future Lots" by Kevin Cain, dated February 15, 1996;
and "Survey Map Showing Lands of Richard and Betty Berggren, Gunderman Road, Town of Danby,
Tompkins County, New York, " dated October 12, 1994, amended January 31 , 1996, by T. G. Miller
P. C. , Engineers and Surveyors, now, therefore, it is
RESOLVED, that the Town of Danby Planning Board grants conceptual Approval for the proposed
future subdivision shown on "Cluster Plan Showing Phase I Building Lot and Possible Future Lots"
by Kevin Cain, dated February 15, 1996, subject to the following conditions :
1 ) That any final application for Preliminary and Final approval of the proposed future
subdivision include information on proposed access easements and on proposed
construction and maintenance of the shared driveway, for review by the Town
Attorney;
2) that, in the review of such final application, the Planning Board may require planted
buffers, particularly along the northwesterly property lines of Tax Parcel No. 8 . -1 -
34. 52, adequate to screen the potential future house sites from adjacent houses;
3) a seventy-five (75) foot setback to all buildings and parking areas shall be provided
around the perimeter of the clustered subdivision; and it is
FURTHER RESOLVED, that the Planning Board grants Preliminary and Final Subdivision
Approval for the proposed initial two (2-) acre lot shown as "Parcel C" on "Survey Map Showing
Lands of Richard and Betty Berggren, Gunderman Road, Town of Danby, Tompkins County, New
York, " dated October 12, 1994, amended January 31 , 1996, by T. G. Miller P. C. , Engineers and
Surveyors, with the following conditions :
1 . ) That the remaining lands of Tax Parcel No. 8 . -1 -34. 32 be consolidated with Tax
Parcel No. 8 . - 1 -34. 52; and
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March 20, 1996
2. ) The submission of a final survey map for such initial subdivision, suitable for filing,
for approval by the Planning Board Chairperson, which map shall show a 75-foot
setback to buildings and parking areas from the southerly property line, and which map
may show a 50-foot setback on its northerly property line.
A roll call vote on the resolution resulted as follows :
Farrell Aye
• Gagnon Nay
Hardesty Aye
Wilbur Aye
Weitzel Aye Carried
Private School Request for Special Permit
Gary Bercow and Lezlie Namaste submitted a request for a Special Permit for a Private School
proposed to be located on Bald Hill Road. The proposal is for permission to use a structure located
on their property as a small elementary to middle school classroom for ten ( 10) to twenty (20)
students.
Mr. Bercow said that he has consulted with the Code Enforcement Officer regarding code
requirements and Tompkins County Health Department. He has contacted the fire department
regarding the grade of the driveway and its accessibility for emergency vehicles to the proposed
facility.
' Susan reported that only one exit door is required for the number of students that are proposed to use
the facility. Fire and smoke detectors must be installed on its own circuit with an emergency power
source and she suggested a separate phone line be Stalled with a direct line to the fire department
for emergencies.
Ralph Wilbur said that he thinks that the drive is not accessible for fire trucks, emergency vehicles and
access for handicapped persons. He said that the Town must make sure that all building codes and
health and safety codes are in place before this project is considered.
Susan reported that the Assistant Fire Chief has looked at the property and did not see any problems
for accessibility of emergency fire equipment. He suggested that a turn-around be placed near the oil
storage tank and that the driveway be constructed to accommodate fire trucks.
Bill Farrell suggested that the window be larger so that it could be used as an exit in case of
emergency.
Ralph Wilbur said that he would like to see something in writing from NYS Education Department
regarding liability to the Town and specifications for a private school building.
® Susan said that the Town is responsible for Code Enforcement of the building and the State is
responsible for curriculum only.
Joel shares concern with only one exit.
•
Susan said that the application materials submitted include a letter from Mr. Bercow, a sketch plan
showing the floor plan of the building, and a site plan which should be amended to show that there
is a proposed turn-around.
Information Requested - Proposed Private School
The Planning Board requested the following information be provided before the application is
complete enough for the Chair to schedule a public hearing.
1 ) a site plan showing where the turn-around will be placed on the driveway;
. . .
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March 20, 1996
2) that the fire department provide specifications for the turn-around on the driveway,
and that they provide confirmation in writing that the driveway is accessible for
emergency vehicles,
3 ) determination from the Town Attorney on whether any inordinate liability can be
incurred by the Town;
4) code confirmation on a second means of egress for the building.
Request for Special Permit - Single-wide Mobile Home
Gladys Holt submitted a request for a Special Permit to place a temporary single-wide mobile home
on her property at 399 Hornbrook Road. She reported her household is too small to accommodate
two (2) families and that her son is caretaker for an existing farm.
Susan reported that she has visited the site and requested that the code violations related to
unregistered vehicles and materials on the property be remedied as soon as the weather permits. Ms.
Holt has reported to her that the unregistered vehicles and other materials on the property are being
processed and made ready for sale. She has informed Ms. Holt that single-wide mobile homes are
allowed as temporary housing for caretakers, agricultural workers, family members related to owners
when the necessity is related to health, age, etc . only.
Ms. Holt reported to the Board that she needs her son to live on the farm as she is unable to take care
of necessary home chores such as her wood supply for heat and to work the farm. She has health
problems that limit her activities. She said that the vehicles on her property are, a show car, a personal
car, a wood truck, snow plow and a truck that is being repaired. There is a pile of tires and farm
machinery that are not under cover. The two (2) junk cars will be removed as soon as weather
permits. She has consulted with the health department and her septic system will accommodate the
mobile home. There is an adequate water supply and the electric will be separate from the existing
house .
Motion to Schedule Public Hearing - Special Permit for Single-wide Mobile Home
A motion was made by Joel Gagnon and seconded by William Farrell to set a public hearing date for
Wednesday, April 17, 1996 at 7 : 30 P.M. to hear the request of Gladys Holt for a Special Permit to
place a temporary single-wide mobile home at 399 Hornbrook Road.
A vote on the motion resulted as follows :
Carried Unanimously
Subdivision Proposal - Seely, Benson
Ted Merritt addressed the Board and asked them to consider a one ( 1 ) lot subdivision to build a home
on a property located on Jersey Hill Road. Raymond Seely. Owner/David Benson Applicant. Mr.
Menitt described the location of the surrounding property and stressed his frustration with the town
regulations that require a public hearing for subdivision approval to obtain a building permit for one
small house on a lot of less than five ( 5) acres. He said the cost and time associated with scheduling
a public hearing for the subdivision of a one ( 1 ) acre lot discourages many people from building here.
He said that the Town needs to have provisions to make people more welcome and to help young
people get started rather than spend $60. 00 for public hearing when there is adequate space and
properties meet road frontage and health department requirements . He said Town of Danby the
regulations stop young people from coming here and that a subdivision to him is five ( 5) or ten ( 10)
houses or lots not one ( 1 ) lot for one small house. .
Mary Lou Hardesty said she recognizes that there are problems with the present regulations and
suggested a a working session of the Planning Board to go over the them. It is possible that the
regulations may need amendments.
Special Working Session of Planning Board Scheduled
A Special Working Session of the Planning Board was tentatively scheduled for March 27, 1996 at
7 :30 P.M.
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March 20, 1996
Motion to Schedule Public Hearing - Benson//Seely Subdivision
A motion was made by Mary Lou Hardesty and seconded by William Farrell that the Town of Danby
Planning Board schedule a public hearing for Wednesday, April 17, 1996 at 7 : 15 P. M. to hear the
Benson/ , Seely Subdivision Proposal.
A vote on the motion resulted as follows
Four (4) Aye
One ( 1 ) Nay Carried
Corrections to January 17, 1996
Underlined material means add (Brackets mean delete)
1 ) - Resolution No. 1 amended - addition of Form after Environmental Assessment;
2) Resolution No. 2 amended to add after environmental significance, delete (and, WHEREAS) and
replace with Now therefore be it RESOLVED
3) Under Other Business section Chairperson Horst delete (help for).
4) Under Nancy Weitzel delete (was not what) add did not reflect
Approval of January 17, 1996 Planning Board Minutes
A motion was made by Joel Gagnon and seconded by Mary Lou Hardesty to approve the January 17,
1996 Planning Board Minutes as amended.
A vote on the motion resulted as follows.
Carried Unanimously
Approval of February 21 , 1996 Public Hearing Minutes - Biskup
a motion was made by Joel Gagnon and seconded by William Farrell to approve the February 21 ,
1996 Public Hearing - Biskup as published.
A vote on the motion resulted as follows : Carried Unanimously
Suggested Amendments to February 21, 1996 Planning Board Minutes
5) Discussion - Scheduling of Public Hearings - Amended by Joel
A copy of the suggested amendments for additional discussion on the Scheduling of Public Hearings
has been inserted into the Planning Board Minute Book (Page 1 and 2 of February 21 , 1996 minutes,
Page 351 Insert in the Planning Board Minute Book) .
Motion to Approve February 21, 1996 Planning Board Minutes
A motion was made by Joel Gagnon and seconded by Mary Lou Hardesty to approve the February
21 , 1996 Planning Board Minutes as amended by Joel Gagnon.
A vote on the motion resulted as follows :
Four (4) Aye
One ( 1 ) Nay
Carried
ADJOURNMENT
On a motion the meeting adjourned at 10 : 15 P.M.
Respectfully submitted,
EaMC/
Carol W. c epanski, Secretary
min-3-20. 96