The URL can be used to link to this page

Home My WebLink About1996-04-17 VJ Si Vr� J 'TOWN OF DANBY PLANNING BOARD PUBLIC HEARING Benson/Seely Subdivision 7 : 15 P. M. April 17, 1996 PRESENT: Vice Chair - Nancy Weitzel Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty, • Ralph Wilbur ABSENT: Kenneth Horst (Excused) Others Present: Carol W. Sczepanski- Secretary Susan Beeners - Code Enforcement Officer Members of the Public: Ted Memt, Scot Belden, Dolly Dean, Howard Steiner, Don Barnes Vice Chair Nancy Weitzel opened the public hearing at 7 : 18 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, April 17, 1996 at 7 : 15 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 1 .09-acre lot and a 3 . 04-acre lot from Town of Danby Tax Parcel No . 8 . - 1 -23 . 222,. 25 . 89 acres total, on the east side of Jersey Hill Road, with the 3 . 04-acre lot to be consolidated with Tax Parcel No . 8 . - 1 -23 . 221 . Raymond A. Seely, Owner, David Benson, Applicant. 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 : April 9, 1996 Published: April 11 , 1996 " Affidavit of Mailing was filed on April 12, 1996. Ted Merrit of 297 Jersey Hill Road addressed the Board and said that the 3 . 04-acre lot has been purchased by him and would be consolidated with No . 8 . 4 -23 . 221 . Public Hearing Declared Closed : Vice Chair Nancy Weitzel declared the Public Hearing closed at 7 :22 P. M. aittabel .,26( 04) Phm-Benson. 96 Carol W. Se� nski, Secretary TOWN OF DANDY PLANNING BOARD PUBLIC HEARING Holt - Special Permit 7 : 30 P.M. April 17, 1996 PRESENT : Vice Chair - Nancy Weitzel Planning Board Members : Arch Dotson, William Farrell , Joel Gagnon, Mary Lou Hardesty, Ralph. Wilbur • Kenneth Horst (Excused) Others Present: Carol W. Sczepanski- Secretary Susan Beeners - Code Enforcement Officer Dolly Holt - Applicant Members of the Public: Ted Merrit, Scot Belden, Howard Steiner, Don Barnes Vice Chair Nancy Weitzel opened the public hearing at 7 : 30 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, April 17, 1996 at 7 : 30 P . M. , Danby Town Hall, 1830 Danby Road, Ithaca, New York, 14850 . Purpose of hearing is to consider granting a Special Permit for the Proposed installation of a single-wide mobile home as a temporary residence on Town of Danby Tax Parcel No. 12 . - 1 - 1 , 85 acres total, located on Horubrook Road east of Nelson Road. Florence L. Dean, owner; Gladys E. Holt, applicant. 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 : April 9, 1996 Publish: April 11 , 1996 Affidavit of Mailing was filed April 12, 1996 . No public appeared for comment at the hearing. Public Hearing Declared Closed : Vice Chair Nancy Weitzel declared the Public Hearing Closed at 7 : 32 . P .M. • aaa44caøc :Caroe anski, Secretary Phrn-Holt. 96 365 1 Planning Board Minutes April 17, 1996 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P. M. April 17, 1996 • PRESENT: Vice Chair - Nancy Weitzel Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty, Ralph Wilbur Kenneth Horst (Excused) Others Present: Carol W. Sczepanski- Secretary Susan Beeners - Code Enforcement Officer Members of the Public: Ted Merritt, Scott Belden, Dolly Dean, Howard Steiner, Donald Barnes Following public hearings to hear the Benson/Seely/Merritt Subdivision Proposal and the Holt/Dean Special Permit Proposal, Vice Chair Nancy Weitzel called the meeting to order at 7 :33 P.M. Benson/Seely Subdivision Proposal The subdivision proposal submitted by David Benson to subdivide a 1 . 09 acre lot and a 104 acre lot from Town of Danby Tax Parcel No. 8 . - 1 -23 . 222, with the 3 . 04 acre lot to be consolidated with Tax parcel No. 8 . 4 -23 . 221 as described by Ted Merritt at public hearing was discussed by the Board. Environmental Assessment Form - Amended Joel Gagnon suggested the following change on the Environmental Assessment Form under C-2 - (brackets mean delete underline new language) (Lot sizes would not differ greatly from other bldg. , lots in area, ) The lot size is smaller than others in the area. No Board member objected. RESOLUTION NO. 8 OF 1996 SEQR DETERNIINATION. PROPOSED Seely to Benson/Merritt Subdivision By Joel Gagnon: Seconded by William Farrell WHEREAS, this action is the consideration of approval of the proposed subdivision of a 1 . 09-acre lot and a 3.04-acre lot from Town of Danby Tax Parcel No. 8 . - 1 -23 . 222, 25 . 89 acres total, on the east side of Jersey Hill Road, with the 3 . 04-acre lot to be consolidated with Tax Parcel No. 8 . 4 -23 . 221 . • Raymond A. Seely, Owner, David Benson, Applicant, and WHEREAS, this is an Unlisted action for which the Planning Board is acting as Lead Agency in environmental review and for which no coordinated review is required, and WHEREAS, the Planning Board, at and following Public Hearing on April 17, 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. 66 2 Planning Board Minutes April 17, 1996 A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Wilbur Aye Weitzel Aye Carried Unanimously • RESOLUTION NO. 9 OF April 17, 1996 BENSON/MERRITT SUBDIVISION - Approved By Joel Gagnon: Seconded by William Farrell WHEREAS, this action is the consideration of approval of the proposed subdivision of a 1 . 09-acre lot and a 3.04-acre lot from Town of Danby Tax Parcel No . 8 . - 1 -23 . 222, 25 . 89 acres total, on the east side of Jersey Hill Road, with the 3 . 04-acre lot to be consolidated with Tax Parcel No. 8 . - 1 -23 . 221 . Raymond A. Seely, Owner, David Benson, Applicant, and WHEREAS, this is an Unlisted action for which the Planning Board on April 17, 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 April 17, 1996, has reviewed a map entitled "Portion of Lands of Raymond Seely - Lot 49 - Jersey Hill Road Town of Danby - Tompkins County - New York" by Kenneth A. Baker, dated 3/1. 4/96, 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, subject to the submission of a final survey map for such lot, suitable for filing, for approval by the Planning Board Chairperson. A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Wilbur Aye Weitzel Aye Carried Unanimously PROPOSED HOLT/DEAN SPECIAL PERMIT Susan reported that this is the first request to the town for a special Permit to place a temporary single wide mobile home for use by a caretaker or farm worker. She is recommending five ( 5 ) special • conditions for the placement of the mobile home required for a special permit. Susan requested that the conditions for the Special Permit be revised to include the five ( 5) conditions for the Special Permit in the SEQR Review prepared by the Code Enforcement Officer under Part III - Determination of Significance RESOLUTION NO. 10 OF April 17, 1996 SEQR DETERMINATION, PROPOSED HOLT/DEAN SPECIAL PERMIT By William Farrell : Seconded by Arch Dotson WHEREAS, this action is the consideration of approval of a Special Permit for the proposed installation of a single-wide mobile home as a temporary residence on Town of Danby Tax Parcel No. 12. - 1 - 1, 85 acres total, located on Hornbrook Road east of Nelson Road; Florence L. Dean, owner; Gladys E. Holt, applicant; and 5 & 7 3 Planning Board Minutes April 17, 1996 WHEREAS, the applicant has requested said single-wide mobile home installation to serve as a temporary residence for an estimated period of five ( 5) years, for her son, Scott Belden,. and his family, and has represented that Scott Belden is the caretaker of the property; and II 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. April 17, 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 Wilbur Aye Weitzel Aye Carried Unanimously RESOLUTION NO. 11 OF April 17, 1996 - Approved HOLT/DEAN SPECIAL PERMIT By Joel Gagnon: Seconded by Ralph Wilbur WHEREAS, this action is the consideration of approval of a Special Permit for the proposed installation of a single-wide mobile home as a temporary residence on Town of Danby Tax Parcel No. 12. -1 - 1, 85 acres total, located on Hornbrook Road east of Nelson Road; Florence L. Dean, owner; Gladys E. Holt, applicant; and WHEREAS, the applicant has requested said single-wide mobile home installation to serve as a temporary residence for an estimated period of five ( 5) years, for her son, Scott Belden, and his family, and has represented that Scott Belden is the caretaker of the property; and WHEREAS, the Planning Board, at and following Public Hearing on, April 17, 1996, has reviewed the application materials for this proposal, now be it. RESOLVED, that the Town of Danby Planning Board grants a Special. Permit to Gladys E. Holt for the installation of a single-wide mobile home, with such mobile home to serve as a temporary residence for Scott Belden and his family, subject to the following conditions : 1 . No Certificate of Occupancy for occupancy of the single-wide mobile home shall be issued until the property is in conformance with Town of Danby Local Law No. 1 - 1987, 'A Local Law Regulating the Maintenance of Real Property in. the Town of Danby. ' 2. The Special Permit shall expire if Scott Belden is not acting as caretaker for the property, or if the single-wide mobile home is not the primary residence of Scott Belden, unless a modified Special Permit is granted by the Planning Board. 3 . Notwithstanding paragraph 2 above, the Special Permit shall expire five (5) years from the date of the issuance of a Certificate of Occupancy for the single-wide mobile home, unless a renewed Special Permit is granted by the Planning Board. ...I -. I 3642 4 Planning Board Minutes April 17 , 1996 4. The single-wide mobile home shall be removed within 30 days of the expiration or revocat ion of the Special Permit unless a. modified or renewed. Special Permit is granted by the Planning Board. 5 . An annual status report to the Code Enforcement Officer from the grantee of the Special Permit or from the grantee's agent is required, beginning twelve ( 12) months from the date of issuance of a Certificate of Occupancy for the single-wide mobile home. Said status report shall describe the general activities of the caretaker of the property, to allow the Town to assess the compliance of the property with the terms of this Special Permit. 6 . Noncompliance with any of the terms set forth in this resolution shall be grounds for revocation of the Special Permit. A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Wilbur Aye Weitzel Aye Carried Unanimously PRIVILEGE OF THE FLOOR: Ralph Wilbur said he has concern regarding the Proposed NYSEG Pipeline and the recent publications in our local newspaper. He would like to know why they do not have to file application and follow the rules of rights-of-way. It appears that the proposed line may now be placed along the alternate route along an existing pipeline on 96B . Joel reported that the request to the Public Service Commission to reopen the hearings for public comment on whether a new pipeline is needed was ruled on today and they will not reopen the hearings . Howard Steiner reported to the Board that he and other officials from the town attended the Tompkins County Builders Association Meeting. He reported that the perception of the members in attendance was they feel Danby is anti-development and place too many obstacles in front of people. Arch Dotson reported that he has been faithfully attending the Tompkins County Planning Federation meetingsand found them extremely useful . He has passed material related to flood control and wash outs to our Code Enforcement Officer. Susan reported that if the Town receives the Rural County Planning Grant that the Circuit Rider will assist the Town with the project. There will be a small charge for administrative services . REAFFIRMATION OF SUBDIVISION APPROVAL - PROPOSED BOYD SUBDIVISION Susan reported that The Planning Board approved the Proposed Boyd Subdivision preliminary and final plat subject to conditions . She asked the Board to consider reaffirmation of the Proposed Boyd. Subdivision Approval. RESOLUTION NO. 12 OF APRIL 17, 1996 CONSIDERATION OF A REAFFIRMATION OF SUBDIVISION APPROVAL - PROPOSED BOYD SUBDIVISION, COMFORT RD. - Approved By Joel Gagnon: Seconded by Mary Lou Hardesty WHEREAS, this action is the consideration of a reaffirmation of Final Subdivision Approval for the proposed subdivision of a? 8.04 }1- acre lot from Town of Danby Tax Parcel No. 15 . 4 - 11 : 1 , I2. 9+/- acres total, located on the west side of Comfort Road, south of Lieb Road, Jack Boyd, Applicant, and 369 5 Planning Board Minutes April 17, 1996 WHEREAS, this action is an unlisted action for which the Town of Danby Planning Board, acting as Lead Agency in review of the original subdivision application, made a negative determination of environmental significance on January 20, 1993 , and WHEREAS, the Planning Board on January 20, 1993 granted Preliminary and Final Subdivision Approval, with certain conditions, to the original application, and WHEREAS, the Planning Board has reviewed a map entitled " Survey for Jack Boyd, Town of • Danby, Tompkins County, New York", by Manzari and Reagan, Land Surveyors, dated 5/18/93, and has found the proposed subdivision on the map to be substantially the same as the original subdivision plan, and WHEREAS, no changes have been made in the Town ' s land use regulations that would affect this subdivision as originally approved on January 20, 1993 , now be it RESOLVED, that the Planning Board reaffirms a negative determination of environmental significance for the proposed subdivision, and it is further RESOLVED, that the Planning Board reaffirms and grants Final Subdivision Approval based on the map described above, subject to the provision of a declaration of restrictive covenants, for review by the Town Attorney prior to the filing of the above survey map at the Tompkins County Clerk's Office, which declaration shall provide the following: 1 . ) that no further subdivision of the 8 . 04+/- acre lot may occur, and that the 4. 87+1- acre lot shall be restricted in resubdivision to the creation of only one new lot; and 2 . ) that any driveway to access the 8 . 04+/- acre lot be located so as to minimize compaction of the roots of the large maple trees along the north property line of said lot. A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Wilbur Aye Weitzel Aye Carried Unanimously FINAL SITE PLAN - BARNES PLANNED DEVELOPMENT Susan reported that the Judge of the Supreme Court has ruled in favor of the Town in the Matter of Greene verses the Town of Danby and that the Planning Board may act on Barnes Planned Development She submitted materials for the Planning Board to review for consideration of approval • of the general construction plans for the exterior design of the building. Mr. Barnes explained in detail the drawings of the interior and exterior of the proposed building, and the details of the landscape of the final site plans for the Planned Development Zone. Susan asked that for the record if his lease agreement for the rental unit would restrict excessive noise after ten ( 10) P . M. Mr. Barnes answered yes his lease agreement would restrict excessive noise after ten ( 10) P.M. RESOLUTION NO. 13 OF 1996 - Approved DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, FINAL SITE PLAN - BARNES PLANNED DEVELOPMENT By : Mary Lou Hardesty : Seconded by Arch. Dotson WHEREAS, this action is the Consideration of Final Site Plan Approval for the proposed 2 7 0 6 Planning Board Minutes April 17, 1996 construction of a 4-unit dwelling and associated site development in Planned Development Zone 17 , located on an 8-acre portion of Town of Danby Tax Parcel No. 14. - 1 -4 . 2, 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 on April 17, 1996 has reviewed the final site plan application and the Environmental Assessment Form for such, including the recommendation by the Town 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 Wilbur Aye Weitzel Aye Carried Unanimously RESOLUTION NO. 14 of 1996 Approved DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, FINAL SITE PLAN - BARNES PLANNED DEVELOPMENT By : Joel Gagnon : Seconded by William Farrell WHEREAS, this action is the Consideration of Final Site Plan Approval for the proposed construction of a 4-unit dwelling and associated site development in Planned Development Zone 17, located on an 8-acre portion of Town of Danby Tax Parcel No. 14 . - 1 -4. 2, and WHEREAS, this is an Unlisted Action for which the Planning Board, on April 17, 1996, has made a negative determination of environmental significance, and WHEREAS, the Planning Board on April 17, 1996 has reviewed the final site plan and the exterior building elevations submitted on April 12, 1996,. NOW, THEREFORE, IT IS RESOLVED, that the Planning Board finds that the final site plan is substantially similar to the • general site plan so that no public hearing shall be required, and it is FURTHER RESOLVED, that, in the review of the exterior building elevations, the Planning Board finds that the exterior design of the building reasonably appears to look like a two-unit dwelling, and it is FURTHER RESOLVED, that the Planning Board hereby grants final site plan approval for the proposed construction of a 4-unit dwelling and associated site development in Planned Development Zone 17, located on an 8-acre portion of Town of Danby Tax Parcel No. 14. - 1 -4 . 2 . A roll call vote on the resolution resulted as follows : 371 7 Planning Board Minutes April 17, 1996 Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Wilbur Aye Weitzel Aye Carried Unanimously it PROPOSED ADDITION TO ANGELHEART DESIGNS - PLANNED DEVELOPMENT ZONE A sketch plan has been submitted to the Town for a proposed addition to Angelheart Designs facility, Planned Development Zone located at 10 Gunderman Road. The proposed addition is necessary for the facility for additional work space, storage and shipping materials, and additional parking. Susan reported that there were a few code problems with the facility and a strict schedule for them to remedy them was issued The owners of Angelheart Designs have applied for a code variance from the State to allow them to do some creative things with the existing building. The addition to the facility will allow a separate space for officer, work area and shipping dock area. There are approximately fifty ( 50) employees . Susan said that she will request plans for some form of landscaping to reduce the visual impact of the facility. The Board reviewed the sketch plan and determined that the information submitted is complete enough to schedule a public hearing for May 1996 . Motion to Schedule Public Hearing - Angelheart Designs A motion was made by Joel Gagnon and Seconded by William Farrell to schedule a public hearing for the Preliminary Site Plan for the Proposed Angelheart Designs facility, Planned Development Zone located at 10 Gunderman Road, located on a portion of Town of Danby Tax Parcel No . 9. - 1 -9 . 12 for Wednesday, May 15, 1996 at 7 :30 P.M. A roll call vote on the motion resulted as follows : Carried Unanimously CAMELOT SUBDIVISION - FINAL PLAT FILING EXTENDED RESOLUTION NO. 15 OF APRIL 17, 1996 - Approved CONSIDERATION OF AN EXTENSION OF TIME FOR FILING OF THE CAMELOT SUBDIVISION FINAL PLAT By Arch Dotson: Seconded by Mary Lou Hardesty 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 , the Planning Board on November 29, 1995 granted, as provided by law, a 90-day extension to the requirement that the Planning Board Chairperson sign the final plat no later than 180 days after final subdivision approval, which 90-day extension expired on March 20, 1996, and WHEREAS, Glen Harrington has requested a second and last 90-day extension for such signature and filing, now, therefore, it is RESOLVED, that the Planning Board hereby grants a. second and last 90-day extension to the aforesaid requirement, which would make June 19, 1996 the new and extended deadline for the Planning Board Chairperson to sign the final plat. e" 8 Planning Board Minutes April 17, 1996 A roll call vote on the resolution resulted as follows : Dotson Aye Farrell Aye Gagnon Aye Hardesty Aye Wilbur Aye Weitzel Aye Carried Unanimously • ADJOURNMENT : On a motion the meeting adjourned at 10 : 00 P .M. Respectfully submitted / / - C4' . 1 Carol W. Sc r. ski, Secretary min-4- 17-96 •