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HomeMy WebLinkAbout1996-05-15 3 6 3 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING Pierce 7 : 15 P.M. May 15 , 1996 PRESENT : Chairperson Horst Planning Board Members : Arch Dotson, William Farrell, Joel Gagnon, Mary Lou Hardesty, Nancy Weitzel, Ralph Wilbur Others Present: Carol Sczepanski - Secretary Susan Beeners -Code Enforcement Officer • Betty Pierce - Applicant Members of the Public: Bob Strichartz, Howard Steiner, Linda Fetherbay, Charles Tilton, Pat Woodworth, Joseph Chang, FonKala Xan-Tao, Charlene Roberts-Xan-Tao, Thomas M. Schickel, Matthew Engelhart Chairperson Horst declared the public hearing open at 7 : 15 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, May 15 , 1996 at 7 : 15 P. M. , Danby Town Hall, 1830 Danby Road, Ithaca, New York 14850. Purpose of hearing is to consider the proposed transfer of 1 . 16 +/- acres from Town of Danby Tax Parcel No. 4 . - 1 -42, presently 2 . 58 +/- acres total, to Tax Parcel No. 4. - 1 - 41, presently 39. 75 acres total. Involved parcels are located at 506 and 548 Troy Road, Betty Pierce, Owner. 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: May 7, 1996 Publish: May 9, 1996" Affidavit of Mailing - received May 15 , 1996 Betty Pierce explained that when she decided to sell the land she thought that the line on one parcel beside the shop was larger than it is. She needs to move the property line to square up the property lines . No public appeared to address the public hearing. Public Hearing Declared Closed : Chairperson Horst declared the Public Hearing closed at 7 :20 P.M. adcd),,„.„.4) Carol W. S e anski, Secretary • phm- pierce -: 7 4 V J. 1 Planning Board Minutes Public Hearing - Angelheart May 15, 1996 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING Angelheart Designs, Inc. 7 : 30 P. M. May 15 , 1996 PRESENT : • Chairperson Ken 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 W. Sczepanski Applicant - Matthew Engeehart Thomas M. Schickel - Architecture Agent Members of the Public: Betty Pierce, Bob Strichartz, Howard Steiner, Linda Fetherbay, Charles Tilton, Pat Woodworth, Joseph Chang, FonKala Xan-Tao, Charlene Roberts-Xan-Tao Public Hearing Declared Open : Chairperson Horst opened the Public Hearing at 7 :30 P . M. and read the following "Notice of Publication :" "PLEASE TAKE NOTICE, that a Public Hearing will be held by the Planning Board of the Town of Danby on Wednesday, May 15, 1996,. at 7 :30 P . M. , Danby Town Hall, 1830 Danby Road, Ithaca, New York, 14850. Purpose of the hearing is to Consider a Recommendation to the Town Board with respect to a request for modification of the General Site Plan and associated conditions for Planned Development Zone 10, located on a portion of Town of Danby Tax Parcel No . 9 . - 1 -9 . 12 for Angelheart Designs, Inc. , 303 Gunderman Road. Matthew and Jeanne Englehart, Owners; Thomas W. Schickel, AIA, Schickel Architecture, Agent. 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: May 7, 1996 Published : May 9, 1996" Affidavit of Neighbor Notification received May 1. 5 , . 1996. Thomas Schickel addressed the public with an overview of the Site Plan for the proposed Expanded Planned Development Zone for Angelheart Designs, Inc. The request is to expand the current zone to five (5) acres which is the minimum required for a Planned Development Zone. The plan for an addition to the building is necessary due to the expansion of the operations for the Angelheart business. Mr. Schickel described the proposed one story 5, 1. 60 square foot addition to the facility, a loop road to the loading dock for shipping and extended parking area with additional parking spaces to include three (3) handicapped spaces . Matthew Engelhart reported that the business has increased 200 % in the last 3- 1. /2 years and the proposal is for additional space is for inventory and shipping purposes . Comments from the Public: Linda Fetherbay - 334 Gunderman Road - commended Mr. Engelheart on the beautiful job on the 375 2 Planning Board Minutes Public Hearing - Angelheart May 15, 1996 barn restoration. She said she is concerned with the traffic situation because the drive is located on a blind spot and noise. She approves of the proposal as long as it is for business purposes only and not for apartments. Bob Strickartz - 708 Comfort Road - is concerned about the lights illuminating the parking at night. At the present time the lights are on in the parking area until midnight and illuminate throughout his thome. . Mr . Engelhart said that lighting in the parking area could be of a regular street lighting type that is directed down for less impact on neighbors rather than the type he has at this time . The lights could be turned off by 10 : 30 P.M. Charles Tilton - 305 Gunderman Road - said he lives directly behind Angelheart Designs and the lights used to light up his lawn and illuminate his whole house. He appreciates the fact that recently they have been turned off at 10:30 P.M. He has a concern of noise from trucks coming to the facility very early in the morning and leaving the diesel engines running for a long period of time. The parking lot set back is only 13- 1 /2 feet and is very close to his property line. He is concerned with a small setback that gravel and oil from snow plowing will be deposited on his lawn. Joseph Chenng - 326 Gunderman Road - lives opposite from Engelheart' s and is concerned about the truck traffic and that the road is not designed for large trucks . Mr. Schickel said that what they are asking of the Planning Board is that for a recommendation to the Town Board to approve the Planned Development Zone to allow for the proposed expansion. Matthew Engelheart responded to the public comments and said that he could not comment on the 13 fl. setback as that was another process . He said that there will not be an increase in truck traffic over what the business generates at this time which is maybe three shipments per week. Employees work generally from 8 :00 a.m. to 5 : 00 p . m. but there are some who begin work at 5 :00 a. m. and one of the designers sometimes works all night. Chairperson Horst said that a few of the Board members have visited the site for the proposed Extended Planned Development Zone. Susan Beeners suggested that it would be a benefit to Mr. Strickartz if some evergreens or spruce were planted on the west side, along the parking lot and behind the buildings to minimize the sound and lights. Public HearingDeclared Closed : Chairperson Horst declared the Public Hearing closed at 8 : 10 P.M. • Respectfully submitted, asttiosijetz,6441;Carol W. Scpki, Secretary phm-angelheart. 96 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P. M. May 15 , 1996 PRESENT: Chairperson Ken 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 W. Sczepanski Members of the Public : Betty Pierce, Bob Strichartz, Howard Steiner, Linda Fetherbay, Charles Tilton, Pat Woodworth, Joseph Chang, Fon Kala Xan-Tao, Charlene Roberts-Xan-Tao, Thomas M. Schickel, Matthew Engelhart Chairperson Horst called the meeting to order at 7 :30 P . M. Approval of Holt Special Permit Public Hearing Minutes A motion was made by Joel Gagnon and seconded by Mary Lou Hardesty to approve Public Hearing Minutes for the Holt Special Permit of April 17, 1996 as published. Carried Unanimously Approval of the Benson/Seeley Public Hearing Minutes A motion was made by Joel Gagnon and seconded by Nancy Weitzel to approve the April 17, 1996 Benson/Seeley Public Hearing Minutes as published. 'Motu &6 Carried Unanimously Approval of Working Session4 April 24, 1996 A motion was made by Joel Gagnon and seconded by Arch Dotson to approve the Planning Board Work Session of April 24, 1996 as published. Carried Unanimously Approval of Planning Board April 17, 1996 Meeting Minutes A motion was made by Joel Gagnon and seconded by Ralph Wilbur to approve the Planning Board April 17, 1996 Meeting as published. Carried Unanimously Adjournment to Public Hearing - Angelheart Designs, Inc. A motion was made by Joel Gagnon and seconded by Mary Lou Hardesty to adjourn the meeting at 7 : 30 P.M. to Public Hearing for Angelheart Design. The Planning Board Meeting reconvened at 8 : 12 P. M. • Additions to the Agenda : A sketch plan presented by Fon Kal.a Xan-Tao was added to the Agenda. PIERCE SUBDIVISION - Approved PROPOSED RESOLUTION NO. 16 OF 1996 SEOR DETERMINATION, PROPOSED SUBDIVISION OF PIERCE to Augustine By Joel Gagnon : Seconded by Nancy Weitzel. WHEREAS, this action is the consideration of approval of the Proposed Subdivision of 1. . 16+/- acres from Town of Danby Tax Parcel No . 4. 4 -42, presently 2. 58 +/- acres total and is transferred , to Tax Parcel No . 4 . - 1 -41 , presently 39 . 75 acres total (involved parcels are located at 506 and 548 Troy Road, Betty Pierce, Owner), and 377 2 Planning Board Minutes May 15 , 1996 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 May 15 , 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. 17 OF 1996 SUBDIVISION OF PIERCE to Augustine -Approved By Joel Gagnon : Seconded by Nancy Weitzel WHEREAS, this action is the consideration of approval of the Proposed Subdivision of 1 . 16+/- acres from. Town of Danby Tax Parcel No . 4 . - 1 -42, presently 2 . 58 +/- acres total and transferred to Tax Parcel No. 4. - 1 -41 , presently 39 . 75 acres total ( involved parcels are located at 506 and 548 Troy Road. Betty Pierce, Owner), and WHEREAS, this is an Unlisted action for which the Planning Board on May 15, 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 May 15 1996 has reviewed a map entitled " Survey Map of 548 Troy Road, Town of Danby - Tompkins County - New York, " drawn by Kenneth A. Baker and dated 4/8/96, 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 . 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 Angelheart Expanded Planned Development Proposal Susan said that Planned Development Zone 10 on the map was in error. The zone is less than was previously approved and the operation of the facility uses a. larger area. The proposed five ( 5 ) acre Expanded Planned Development is adequate for Angelheart Designs . ri 3 Planning Board Minutes May 15 , 1996 RESOLUTION NO. 18 OF 1996 - PLANNED DEVELOPMENT ZONE 10 - ANGELHEART DESIGNS - Approved By Joel Gagnon: Seconded by Ralph Wilbur WHEREAS, this action is the Consideration of a Recommendation to the Town Board with respect to a request for modification of the General Site Plan and associated conditions for Planned Develop- ment Zone 10, located on a portion of Town of Danby Tax Parcel No . 9. - 1 -9 . 12, for Angelheart Designs, Inc. , 303 Gunderman Road; Matthew and Jeanne Engelhart, Owners; Thomas M. Schickel, AIA, Schickel Architecture, Agent; and WHEREAS this is an Unlisted Action for which. the Town Board has been legislatively determined IP , to act as Lead Agency in environmental review, and for which the Planning Board and the Tompkins County Department of Planning are involved agencies ; and WHEREAS, the Planning Board, at and following public hearing on the action on May 15, 1996, has reviewed the application materials and the recommendations of the Code Enforcement Officer; now, therefore, it is RESOLVED, that the Planning Board recommends to the Town Board that a negative determination of environmental significance be made for this Unlisted Action ; and it is FURTHER RESOLVED, that the Planning Board recommends to the Town Board that the General Site Plans entitled " Site Plan of Expanded Planned Development Zone 10, Angelheart Designs, 303 Gunderman Road, Spencer, N.Y. 14883 (Town of Danby), " by Schickel Architecture, dated May 10, 1996, and "Site Plan of Expanded Planned Development Zone 10, showing future building additions, Angelheart Designs, 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby), " by Schickel Architecture, dated May 13 , 1996, be approved, and that the proposed Local Law which follows in this resolution be enacted by the Town Board : TOWN OF DANBY PROPOSED LOCAL LAW NO . _ OF 1996 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO MODIFY THE BOUNDARIES AND ESTABLISH A MODIFIED GENERAL SITE PLAN FOR PLANNED DEVELOPMENT ZONE NO. 10 , COMPRISED OF A PORTION OF TOWN OF DANBY TAX PARCEL NO . 9 . - 1 -9. 12, LOCATED ON THE SOUTH SIDE OF GUNDERMAN ROAD WEST OF COMFORT ROAD Section 1 . The Zoning Ordinance of the Town of Danby as re-enacted, and readopted by the Town Board on December 11 , 1991 , and subsequently amended, is further amended as follows : 1 . Town of Danby Planned Development Zone 10 is hereby amended in size to a total of 5 acres land area, as described in Schedule A attached, whereby an area measuring 400 feet wide in an east- west direction by 144. 5 feet deep in a north-south direction along the south boundary of the present Planned Development Zone 10 is rezoned from Low Density Residential Zone to become a portion of Planned Development Zone 10. 2 . The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby amended to show the location and boundaries of Planned Development Zone 10 as set forth in this local law. 3 . Planned Development Zone 10 shall be subject to the following provisions, notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements : (a) The business conducted on the premises shall be limited to a clothing manufacturing 4 Planning Board Minutes May 15 , 1996 business, and shall not include any retail sales of the manufactured product, unless a Special Permit for such retail sales is obtained from the Planning Board. (b) The construction and location of the proposed building addition, parking areas, and driveways shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the map entitled " Site Plan of Planned Development Zone 10, Angelheart Designs, 303 Gunderman Road, Spencer, N. Y. 14883 (Town of Danby), " by Schickel Architecture, dated May 10, • 1996,. and " Site Plan of Expanded Planned Development Zone 10, showing Future Building Additions; Angelheart Designs, 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby), " by Schickel Architecture, dated May 13, 1996. No alteration, amendment, or change in the final site plans as approved by the Planning Board is permitted, without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans . When the Planning Board is of the reasonable opinion that the modified site plan or plans are a significant deviation from the general site plans referenced above, no modified site plan or plans shall be approved by the Planning Board until the site plan or plans have been submitted to, and approved by, the Town Board after public hearing. (c) Any consideration of final site plan and approval for the "future addition" shown in the above described map, dated May 13 , 1996 shall be accompanied by a Public Hearing; (d) The existing residence within the Zone shall remain as a single-family dwelling, and no additional dwelling units shall be permitted within the Planned Development Zone without further Town Board approval. (e) Yard, signs, height, and building area shall be in conformity with the requirements for same in a Commercial Zone . (f) No parking for the facility shall be permitted on Gunderman Road. (g) The land within Planned Development Zone 10 shall not be subdivided without further modification of the Zone by the Town Board. Section 2 . This local law supersedes any prior resolutions of the Town Board related to the subject Planned Development Zone. Section 3 . Where there is a conflict on a specific matter between the provisions of Section 603 , "Commercial Target Area" and the provisions of this local law, the provisions of this local law shall govern. Section 4 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions of shall not be affected by such declaration of invalidity. Section 5 . This law shall take effect 5 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. SCHEDULE A Description of lands being rezoned from Low Density Residential Zone to become a portion of 380 5 Planning Board Minutes May 15, 1996 Planned Development Zone 10 : Commencing at a point on the west boundary of Town of Danby Tax Parcel No . 9 . - 1 -9 . 12, which point is 425 feet southerly from the centerline of Gunderman Road; Running thence southerly along the west boundary of the above Tax Parcel a. distance of 144 . 5 feet; Running thence easterly and parallel to the centerline of Gunderman Road a. distance of 400 feet to a point; • Running thence northerly and parallel to the west boundary of the above Tax Parcel a distance of 144 . 5 feet to a point; Running thence westerly and parallel to the centerline of Gunderman Road a distance of 400 feet to the point of beginning. 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 Sketch Plan Review-Fon Kala Xan -Tao Fon Kala Xan-Tao of 251 Brookside Lane, Newfield, New York presented a draft Sketch Plan for building a structure around a mobile home for the Board to consider. He owns a 12 x70 foot 1977 mobile home that is in a park in Newfield that he would like to move to a property in Danby. The mobile home must be removed from the park by July 15, 1996 . His preference is to get out of the park setting and to build a permanent structure using the mobile home as a permanent component of the structure. The additions to the home would be for studio work space, a. shop for woodwork and possibly space to accommodate his mother. He would like the mobile home to remain as a nucleolus for the proposed dwelling. His intention is to place the mobile home on a pad with the other structures proposed to be built in sections on their own foundations. Susan said that if the mobile home was going to be disguised and integrated into a permanent structure, with the wheels removed, it would become a component of a type of modular home. Susan referred to Section 600, Pan 3 of the Danby Zoning Ordinance which says that a special permit can be granted for other uses not specifically listed but deemed to be in character, similar in nature to and compatible with the purposes of the zone. Chairperson Horst said that he can not see where this proposal for Special Permit fits into our Town Regulations and at what point the structure may no longer be considered a. mobile home. After discussion the Board asked the Code Enforcement Officer to consult with the Town Attorney to determine whether this proposal fits into the Town Special Permit procedure for temporary mobile homes and at what point (if ever) this mobile home would no longer be considered a. mobile home. Motion to Authorize Chair to Set Public Hearing- Xan -Tao A motion was made by Joel Gagnon and seconded by Arch Dotson to authorize the Chair to schedule a. public hearing for a. Special Permit Application for Mr. Xan-Tao should one materialize . Carried Unanimously t) 8 6 Planning Board Minutes May 15, 1996 Review of' Proposed Revisions of Town Subdivision Regulations Joel Gagnon said that he has reviewed the Proposed Subdivision Regulations very thoroughly and he would like to make a few minor changes . He agreed to go over his suggestions with the Code Enforcement Officer before the draft is completed. Subdivision Regulations - Public Hearing Set A motion was made by Joel Gagnon and seconded by Ralph Wilbur to set a public hearing for Wednesday, June 19, 1996 at 7 : 30 P. M. to hear public comment of the Proposed Revisions to the Town of Danby Subdivision Regulations . Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9 :20 P . M. Respectfully submitted, actebeljakemeuj)Car ol W. Sczep ecretary min- 5 - 15 . 96