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HomeMy WebLinkAbout1996-06-10 .1/451V 1 Town Board Minutes Public Hearing - Angelheart June 10, 1996 TOWN OF DANBY PUBLIC HEARING MINUTES ANGELHEART 6 : 00 P. M. June 10 , 1996 PRESENT: Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner Others Present: Code Enforcement Officer - Susan Beeners Town Clerk - Carol W. Sczepanski Applicant Representative - Peg Kennedy Angelheart Architect - Thomas Schickel County Representative - Frank Proto Members of the Public : Joel Gagnon, Walter Sczepanski, Roy Casterline, Brian Eden, Carolyn. and Anatol Eberhard, Joseph Cheng, Pete Supa, Karl Heck Affidavit of Mailing dated May 29, 1996 - received. Public Hearing Declared Open : Supervisor Mary Oltz at 6 :07 P .M. and Carol Sczepanski read the following "Notice of Publication" : "NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town of Danby Town Board, Wednesday, June 5 , 1996 at 6 : 00 P . M. , 1830 Danby Road, Ithaca, New York to Consider Approval of Modified General Site Plans, and to Consider Enactment of 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. The involved Planned Development Zone is occupied by Angelheart Designs, Inc . , 303 Gunderman Road. The proposal generally would involve the expansion of the Planned Development Zone from 3. 67 to 5 acres, two phased additions to the existing facility, and associated parking and access . Matthew and Jeanne Englehart, Owners; Thomas W. Schickel, MA, Schickel Architecture, Agent. All interested parties will be given the opportunity to be heard either in person or in writing. By Order of the Town Supervisor Carol W . Sczepanski, Town Clerk Dated: May 24, 1996 Published : May 29, 1996" Comments from the Public: Thomas Schickel addressed the Board and Public with an overview of the layout plan for Angeiheart Design . The Planned Development sits within a large site that is 1658 feet deep and 720 feet wide . The existing Planned Development is 400' x 400' and is less than the five ( 5 ) acre minimum. Angelheart Designs is asking to increase the size of Planned Development Zone 10 to conform with the Town ' s Zoning Ordinance . Members of the Public : Walter Sczepanski - 54 E . Miller Road does not understand how a Planned Development that was originally in excess of the required five (5 ) acres now appears to be only three (3 ) . s6 C 2 Town Board Minutes Public Hearing - Angelheart • June 10, 1996 Mr. Schickel said that originally the entire sixteen ( 16) acres were part of the Planned Development and reduced in error when a new ordinance and map were adopted. Joseph Cheng - 326 Gunderman Road - reported that neighbors reported at a previous hearing that there is continuous hum that resembles a vacuum cleaner that can be heard by the neighbors . He asked if there could be some sort of a sound barrier placed to reduce the annoyance . Peg Kennedy from Angelheart Designs said that the noise may come from a compressor or an air- conditioning unit. She said that she would check into the situation to determine what the sound is and where it comes from. Steps will be taken to resolve the noise . Comments from the Board : Councilperson Steiner said that he believes that a neighbor reported at the Planning Board Public Hearing that there was noise coming from the facility all night that was very disturbing Mr. Schickel said that when the Final Site Plans are presented to the Planning Board, they will include a tree lined buffer. He is not sure what the sound is that Mr. Cheng is referring to, but is sure it will be looked into . Supervisor Oltz asked Mr. Schickel if there were plans to obtain a variance for the 13-foot set back requirement. Mr. Schickel said that it will be necessary to obtain a variance for the 13-foot set back as it is a condition for approval of the proposed expansion of the Planned Development Zone . Councilperson Johnson asked if there has been a permit issued to pave the parking area. Code Enforcement Officer Susan Beeners reported that some materials for the driveway and parking area have been delivered. Work on the parking area has ceased until there is approval to expand the Planned Development Zone and the Planning Board has approved a Final Site Plan. The owners of Angelheart Designs were not aware that parking areas needed Site Plan Approval. She said that there are the concerns such as eliminating the noise from the air conditioner or generators, landscaping and lighting of the parking areas that need to be addressed before there can be Final Site Plan Approval. Public Hearing Declared Closed : Supervisor Oltz declared the Public Hearing closed at 6 : 30 P. M. Carol W. Scz a>� Town Clerk phm-angelheart. 96 . —COtO 1 Town Board Minutes June 10, 1996 TOWN OF DANBY TOWN BOARD MINUTES Regular Meeting 6 : 00 P.M. June 10, 1996 PRESENT : Supervisor Mary Oltz Councilpersons : Edward Inman, Rosa Lee Johnson, Joseph Schwartz, Howard Steiner Others Present: Town Clerk - Carol Sczepanski Code Enforcement Officer - Susan Beeners County Representative - Frank Proto County Planning Representative - Karl Heck N. Y . S . Police - Sgt. Vitale Members of the Public: Joel Gagnon, Walter Sczepanski, Roy Casterline, Brian Eden, Carolyn & Anatal Eberhard, Joseph Cheng, Thomas Schickel, Peg Kennedy, Pete Supa, Mary Lou Hardesty, and others. Supervisor Oltz opened the meeting at 6 : 30 P.M. following a public hearing and led all present to the Pledge of Allegiance to the American Flag. Approval of May 13. 1996 Town Board Minutes: A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the May 13 , 1996 Town Board Minutes as published. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously ADDITIONS TO THE AGENDA : Supervisor Oltz requested an addition to the Agenda - New York State Police Sgt. Vitale. No Board Member objected. APPROVAL OF WARRANTS : General Fund Warrant No. 6 of 1996 - Approved A motion was made by Councilperson Johnson and seconded by Councilperson Steiner to approve the General Fund Warrant No. 6 of 1996, voucher numbers 153 - 180 in the amount of $ 10,396 . 68 . Payment of Voucher No. 179 payable to Tompkins County Planning for the HUD Grant Application was not approved on this warrant and the warrant was amended at this time, A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously 567 2 Town Board Minutes June 10, 1996 Highway Fund Warrant No. 6 of 1996 - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Johnson to approve the Highway Fund Warrant No. 6 of 1996, voucher numbers 81 -94 in the amount of $ 10, 538 . 70 . A roll call vote on the motion resulted as follows : Inman Aye • Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously West Danby Water District Fund Warrant No. 6 of 1996 - Approved A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve the West Danby Water District Fund Warrant No. 6 of 1996, voucher numbers 21 -23 in the amount of $697. 57. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Town Supervisor' s May 1996 Report - Approved A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve the May 1996 Town Supervisor' s Report as presented. A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Carried Unanimously Town Clerk's May 1996 Report - Approved A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to approve the Town Clerk' s May 1996 Report as submitted. A roll call vote on the motion resulted as follows : • Inman Aye Johnson Aye Schwartz Aye Steiner Aye J Oltz Aye Carried Unanimously PRIVILEGE OF THE FLOOR: Joel Gagnon - 2353 West Danby Road - is concerned about the deep ditches along our rural back roads. He thinks that there could be a potential serious liability to the Town from some of the drop offs that are not protected with guard rails. Councilperson Steiner said that he would like our Highway Superintendent to attend the Board meetings so that questions related to highway policies and concerns can be answered when they arise. 563 3 Town Board Minutes June 10, 1996 Dennis Mastro, a representative from NYSEG explained the process that they have followed for the affected residents along the proposed NYSEG pipeline route through the Danby area. He said that letters were sent out to all landowners by NYSEG along the proposed route requesting permission to survey and do studies necessary for a proposed pipeline. There was a situation with a particular landowner in the Danby area where they asked assistance from the New York State Police to gain entry onto the property. The Public Service Commission Law requires that in order for any project to be built, extensive studies must be done on the proposed route as part of the filing of the Environmental Management Construction Plan to the Public Service Commission. There have been • meetings with individual landowners to get their comments and input as to what they felt on various alternatives to the proposed route. The intent of NYSEG is to talk to all the landowners along the proposed routes, as they go through the process. Walter Sczepanski reported that no prior notification was made to him or to the farm of NYSEG' s intent to survey on his property. The first knowledge he had that the farm properties were on the proposed NYSEG pipeline was when he observed the surveyors trespassing in a wheat field. The surveyors from NYSEG had already surveyed the property without prior notification and had made no attempt to obtain permission. Councilperson Johnson responded that what she has heard from residents and landowners was that they had not received notice that their property was located in the proposed NYSEG pipeline route. Sgt. Joe Vitale of the New York State Police was asked to attend tonight' s meeting to clarify their recent involvement in the area related to the entry on a private property to survey. He explained that they accompanied representatives from NYSEG, at their request, to keep the peace. A Danby landowner had reported to NYSEG that if they had intent to enter his property that they bring the police so that there would not be a problem. The N. Y. S . Police cannot enforce eminent domain as it is against the law. If there are problems in the future, the N. Y. S. Police will make sure that the landowners have been served with proper notice . Councilperson Steiner addressed Mr. Mastro and said that the Board has heard from many residents in the Town of Danby that they have not heard from NYSEG that they plan to come onto their property. He said he would encourage them to reissue letters (or copies) to landowners perhaps in person or by registered mail. West Danby Water District West Danby Water District Supervisor, Roy Casterline asked the Supervisor Oltz if the UFPO Application had been submitted for the West Danby Water District. He suggested that it be completed as soon as possible so that the West Danby Water District can be registered as a member of the UFPO for the protection of contractors who may want to dig in the area. Mary Lou Hardesty - 50 South Danby Road - reported that the Danby Pond Clean-up day will be Saturday, June 15 , 1996 . Alice Supa - 48 Harrington Road, Johnson City - commented that the NYSEG' s comments were • totally inconsistent with a Motion currently filed by NYSEG for Expedited Handling of the Eastern Line EM&CP for Uncontested Portions of the Eastern Line . The request is to shorten the comment period from thirty (3) days to twenty (20) days. Karl Heck - from Tompkins County Planning Department reported that the County should hear the status of the Town of Danby HUD Grant Application within the next week. Supervisor Oltz reported that the Town of Danby has received a bill for $3 ,000 and asked Mr. Heck if it were a County policy to bill municipalities for grant application preparation before notification that the grant was accepted or rejected. Her understanding is that the charge to the Town of $3 ,000 ^^ � ,� was included in the grant application. If the grant was awarded the charge n / pfrom the allocation. She did not realize that the Town would be billed $3 ,000. Gl MC f Mr. Heck said that if the Town was successful in obtaining the grant that the County would reimburse 566 4 Town Board Minutes June 10, 1996 the $3 ,000 out of the grant. The County is charged $6,000 of which the County pays $3 ,000 and the Town share is $3 ,000. He has a person in his office working on some private foundation projects that may help defray some of the costs for the Town Hall renovation project. The County has given the Town several possibilities they may wish to pursue . As that Town Hall project moves forward there would be a separate contract with the Town. The basic concept is that grants can be obtained for things like the library or things along that line. • County Representative Report County Representative Proto reported on the following : 1 ) Reading Rooms - Caroline and Danby Reading Room representatives and volunteers met with Janet Steiner from the Public Library regarding their reading centers. Discussions were related to ideas for ways of advertising the reading rooms and scheduling of hours to help increase usage to expand service. 2) Solid Waste - Several members of the County met with the Tompkins County Clerk' s Association to discuss the proposed addition of the Solid Waste Fee to the 1997 Tax Bill . The bill to allow fees to be placed on tax bills has been approved by the New York State Senate and Assembly and is awaiting the Governor ' s signature . 3 ) Economic Alliance Committee - a new committee has been developed to discuss what directions the County should be taking to increase economic development. 4) IDA Committee - H & E Machinery project is on track. 5) Comfort Road Bridge - work should be starting soon and we should be seeing some activity in the near future . 6) Biggs Building - there is a potential buyer for the Biggs Building. 7) City Improvement District - there are three County properties located within the City Improvement District and the County must contribute funds in the amount of $4,500 per year. Representative Proto extended a thank you to Dennis Mastro from NYSEG and New York State Police Sgt. Vitale for attending our Board Meeting. Motion to Move to Executive Session : A motion was made by Supervisor Oltz and seconded by Councilperson Johnson at 7 :40 P .M. to move to Executive Session to discuss a legal matter regarding personnel . Carried Unanimously Regular Board Meeting Reconvened : The regular Board Meeting reconvened at 7 : 50 P.M. • COMMUNICATIONS: 1 ) Planning Board Minutes and Public Hearing Minutes - May 1996 2) Town of Caroline Local Law No. 2 - Classification of Low Volume Rural Town Roads REPORTS : Code Enforcement Office Report - May 1. 996 Report Received Highway Department Report - May 1996 Report Received Dog Control - April 1996 Report Received OLD BUSINESS : Review of Insurance A committee appointed Tom Corey of Corey Insurance Agency to review the Town of Danby insurance coverage and needs . He will draw up specifications for obtaining bids for the Town insurance package for 1997 . 50 5 Town Board Minutes June 10, 1996 OSC Telecommunication Series : Supervisor Oltz reported that she has made reservations for herself, and Councilpersons Inman and Steiner for the OSC Telecommunication Series on June 12 and 19, 1997. NEW BUSINESS: Appointment of BZA Chair A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to appoint Elizabeth Owens-Roe as Chair of the Board of Zoning Appeals for a term that begins immediately • and expires on June 30, 1998 . A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye ' Oltz Aye Carried Unanimously RESOLUTION NO. 36 of 1996 Appointment of Gerald Catlin to the Town of Danby Planning Board - No Action By Councilperson Inman: Seconded by Councilperson Johnson RESOLVED, that the Town of Danby Town Board appoint Gerald Catlin of 2361 ' Spencer Road, Newfield, New York 14867 to the Town of Danby Planning Board for a seven (7) year term to begin on July 1 , 1996 and expires on June 30, 2003 . A roll call vote on the resolution resulted as follows : Inman Aye Johnson Abstained Schwartz Abstained Steiner Nay Oltz Aye No Action RESOLUTION NO 37 of 1996 Appointment of Joel Gagnon to the Town of Danby Planning Board - No Action By Councilperson Steiner: Seconded by Councilperson Schwartz RESOLVED, that the Town of Danby Town Board appoint Joel Gagnon of 2353 Spencer Road, West Danby, New York 14883 to the Town of Danby Planning Board for a seven (7) year term to begin on July 1 , 1996 and expires on June 30, 2003 . Discussion: Councilperson Johnson said that there is a possibility that there is another person who may be interested in appointment to the Planning Board who has not been interviewed and that maybe we should not vote until the next meeting. Councilperson Schwartz said that he abstained from Resolution No. 37 is that he would like the opportunity to discuss the appointment further. A roll call vote on the resolution resulted as follows : Inman Nay Johnson Abstained Schwartz Abstained Steiner Aye Oltz Nay No Action 571 aTown of Danby Town Board June 10, 1996 Councilperson Johnson said that she would like to interview an additional candidate for the Planning Board before the special meeting of June 20, 1996 . Angeiheart Designs A public hearing was held at. 6 :00 P . M. to hear comments for a proposal to consider Approval of Modified General Site Plans and to consider enactment of 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. The proposal was submitted by Matthew and Jeanne Englehart, owners • of Angeiheart Designs RESOLUTION NO. 38 OF 1996 - Adopted DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, CONSIDERATION OF APPROVAL OF MODIFIED GENERAL SITE PLANS AND ENACTMENT OF A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATED TO ANGELHEART DESIGNS, INC. By Councilperson Schwartz: Seconded by Supervisor Oltz WHEREAS, Angeiheart Designs, Inc. , located at 303 Gunderman Road in the Town of Danby has requested Approval of Modified General Site Plans, and the Enactment of 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, which Modified General Site Plans and related Local Law would authorize the continued existence on said Tax Parcel of a sewing room, deck, and related facilities on the western side of the existing Angeiheart Designs, Inc . building, and two phased additions to the existing building with related site improvements; and WHEREAS, this is an Unlisted Action for which the Town Board has been legislatively determined to act as Lead Agency in environmental review, and for which the Town of Danby Planning Board and the Tompkins County Department of Planning are involved agencies; and WHEREAS, the Town Board, at and following public hearing on June 10 , 1996 has reviewed the Short Environmental Assessment Form, the review of same by the Code Enforcement Officer, and the May 15 , 1996 recommendation by the Planning Board that a negative determination of environmental significance be made for this action; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Town Board, acting as Lead Agency in environmental review of this Unlisted action, make and hereby does make a negative determination of environmental significance with respect to the requested modifications and related local law. A roll call vote on the resolution resulted as follows : • Inman Aye Johnson Aye Schwartz Aye Steiner aye Oltz Aye Carried Unanimously RESOLUTION NO. 39 OF 1996 - Adopted CONSIDERATION OF APPROVAL OF MODIFIED GENERAL SITE PLANS AND ENACTMENT OF A LOCAL LAW AMENDING THE ZONING ORDINANCE RELATED TO ANGELELEART DESIGNS, INC. By Councilperson Schwartz: Seconded by Councilperson Inman WHEREAS, Angeiheart Designs, Inc. , located at 303 Gunderman Road in the Town of Danby has requested Approval of Modified General Site Plans, and the Enactment of 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 - 5i ? 7 9. 12, located on the south side of Gunderman Road west of Comfort Road, which Modified General Site Plans and related Local Law would authorize the continued existence on said Tax Parcel of a sewing room, deck, and related facilities on the western side of the existing Angelheart Designs, Inc. building, and two phased additions to the existing building with related site improvements; and WHEREAS, this is an Unlisted Action for which the Town Board, acting as Lead Agency in environmental review, has on June 10, 1996 made a negative determination of environmental significance; and WHEREAS, a public hearing was duly held by the Town Board on June 10, 1996 to hear all • interested parties in the matter; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal, the official newspaper of the Town of Danby, on May 29, 1996 ; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Town Board hereby approves the modified General Site Plans for Planned Development Zone 10, entitled "Phase 1 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, with revision to title only dated May 31 , 1996, and "Phase 2 Site Plan of Expanded Planned Development Zone 10 showing Future Building Addition, Angelheart Designs, 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby), " by Schickel Architecture, dated May 13 , 1996 with revision to title only dated May 31 , 1996, with the condition that the portion of the existing building, including a sewing room, deck, and stairs, that have a side yard width of 13+/-feet, must be brought into conformance with the minimum 25-foot side yard width required for Commercial and Planned Development Zones by no later than October 1 , 1996, unless a variance is obtained from the Board of Zoning Appeals; and it is FURTHER RESOLVED, that the Town of Danby Town Board hereby adopts Local Law Number 1 of 1996, entitled "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", a copy of which is attached hereto and made a part of this resolution; and it is FURTHER RESOLVED, that the Town Clerk be and she hereby is directed to enter said local law in the minutes of this meeting and in the local law book of the Town of Danby, to publish a copy of said local law as required by law, and to give due notice of the adoption of said local law to the Secretary of State of the State of New York. A Roll call vote on the resolution resulted as follows : Inman Aye Johnson Aye • Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously 5 73 8 Town Board Minutes June 10, 1996 TOWN OF DANBY LOCAL LAW NO . 1 OF 1996 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO MODIFY THE BOUN- DARIES 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 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 initial construction and location of the proposed building addition, parking areas, and driveways shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the general site plan entitled "Phase 1 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, with revision to title only dated May 31 , 1996, and, if the applicant wishes to further expand the facility, any further expansion shall be in accordance with "Phase 2 Site Plan of Expanded Planned Development Zone 10 showing Future Building Addition, Angelheart Designs, 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby), " by Schickel Architecture, dated May 13 , 1996 , with revision to title only dated May 31 , 1996 . No other 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) Notwithstanding any other provisions of the Zoning Ordinance or this Local Law, there will be no further modification or exterior construction involving the sewing room or the deck which are located on the western side of the existing building, except for replacement of the existing stairs , without approval by the Planning Board, and, to the extent necessary, the grant of any required variances by the Board of Zoning Appeals. Notwithstanding the foregoing, if no variance for the continued maintenance of the sewing room, deck, and stairs is granted by the Board of Zoning Appeals by October 1 , 1996, exterior construction will be permitted to the extent necessary to bring the western side yard setback into conformance with the Zoning Ordinance. In no event shall the deck be enclosed. 57 4 9 Town Board Minutes June 10, 1996 (d) Any consideration by the Planning Board of final site plan approval for the "future addition" shown on the map entitled "Phase 2 Site Plan of Expanded Planned Development Zone 10 showing Future Building Addition, Angelheart Designs, 303 Gunderman Road, Spencer, New York, 14883 (Town of Danby), " by Schickel Architecture, dated May 13 , 1996, with revision to title only dated May 31 , 1996, shall be accompanied by a Public Hearing. (e) 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 . (I) Yards, signs, height, and building area shall be in conformity with the requirements for same in a Commercial Zone. That portion of the existing building that has a side yard width of 13 +/- feet from the west property line, as shown on the aforementioned general site plans, must be brought into conformance with said requirements by October 1 , 1996 unless a variance from the required 25-foot side yard width is obtained from the Board of Zoning Appeals . (g) No parking for the facility shall be pemiitted on Gunderman Road. (h) The land within Planned Development Zone 10 shall not be subdivided. 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 • 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 s � s 10 Town Board Minutes June 10, 1996 the point of beginning . Motion to Schedule Public Information Meeting - Town Hall Building A. motion was made by Councilperson Steiner and seconded by Councilperson Oltz to schedule a Public Information Meeting on Thursday, June 20 , 1996 at 6 : 00 P . M . to hear comments and to discuss the Building Committee recommendations for the A Town Hall Facility. A special meeting of the Town Board will follow the information meeting . Carried Unanimously Amendment to General Fund Warrant No. 6 of 1996 - Approved A motion was made by Councilperson Steiner and seconded by Supervisor Oltz to amend the General Fund Warrant No . 6 of 1996 as follows : Voucher No . 179 payable to Tompkins County Planning in the amount of $3 ,000 . 00 be held for approval until the July 1996. Town Board Meeting. The General Fund Warrant was amended and the total warrant total adjusted to $ 10 , 396 . 68 A roll call vote on the motion resulted as follows : Inman Aye Johnson Aye Schwartz Aye Steiner Aye Oltz Aye Carried Unanimously Miscellaneous Dennis Mastro from NYSEG reported that a bill has been introduced to change N . Y . S . Legislation to allow them to go through a portion of the NYS Forest Lands . There is an alternate route through NYS Forest Lands along a road through private property owned by Drew and Hurst . He asked the Town to send a letter of support for the NYSEG to allow them to go through NYS Forest Lands to keep the pipeline away from the roads . He asked the Board members to consider writing a letter of support. ADJOURNMENT : On a motion the meeting adjourned at 8 : 15 P . M. i'apje) J Carol W. Sczya , ski , Town Clerk min-6- 10, 96