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HomeMy WebLinkAbout1996-07-17 388 Planning Board Minutes Adjourned Public Hearing 1 CNG - July 17, 1996 TOWN OF DANBY PLANNING BOARD MINUTES ADJOURNED PUBLIC HEARING - CNG JULY 17, 1996 - 7 : 30 P.M. PRESENT : ; I Chairperson Kenneth Horst Planning Board Members : Arch Dotson, Gerald Catlin, William Farrell , Mary Lou Hardesty, Nancy Weitzel ABSENT : ( if Ralph Wilbur (excused) Others Present: Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski Applicant - CNG Representative Gregory Gass NYSEG Representative - Dennis Mastro Members of the Public : Ursula Haynor, Gerald G. Jones, Bill Ragan, Robin Garvin, Walt Sczepanski, Darlene Sims, Suzane W. Sims, Peter Supa, Brian Eden, Alice Supa, Diane Olden, Rick Dobson, Howard Steiner, Suzanne Kates Public Hearing Declared Open Chairperson Horst declared the public hearing open at 714 P . M. and read the following "Notice of Publication" : f "NOTICE IS HEREBY GIVEN, that the Adjourned Public Hearing of June 19, 1996 will be '� continued by the Planning Board of the Town of Danby on Wednesday, July 17, 1996 at 7 : 30 P . M . , Danby Town Hall, 1830 Danby Road, Ithaca, New York 14850 . Purpose of the hearing is to Consider Approval of the Proposed Subdivision of a 1 . 72 +\- acre parcel from Town of Danby Tax parcel No . 1 . - 1 -24, 75 acres total , with said 1 . 72 +\- acre parcel located west of Comfort Road and north of Jersey Hill Road . Ursula VanDeman, owner, CNG Transmission Corporation, applicant ; Gregory S . Gass, agent for applicant . 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 : July 9 , 1996 Publish : July 11 , 1996 " CNG Transmission Corporation Representative, Gregory S . Gass addressed the Board and public and reported that CNG has submitted a survey plat and are seeking approval for subdivision. The purpose of the subdivision request is to provide a substation on the properties of Ursula VanDeman . He asked the Board to consider only public comment that is applicable to the subdivision request. Code Enforcement Officer, Susan Beeners reported that public utilities are a permitted use in the 'II r Town of Danby Zoning Ordinance . A variance for the road frontage requirement was granted by the c Board of Zoning Appeals on July 11 , 1996 . The Board has received a short form SEQR and the necessary information from the consulting engineers . Public Comment : Walt Sczepanski - 54 East Miller Road - the proposed regulating and transfer station appears to be in a good location . W.A. Ragan - 2785 Danby Road - in regard to environmental constraints, asked what consideration 389 Planning Board Minutes Adjourned Public Hearing 2 CNG - July 17 , 1996 was taken for the effect of this particular request on the surrounding territory in terms of environmental impact and whatever effects it might actually have . He said that the Planning Board is being asked to approve only a piece of the total system and the total system should be considered . Chairperson Horst reported that from the information submitted by the applicants to the Town, that as far as it can be determined, there is no significant impact that would be made on the environment. Dennis Mastro reported that the EM & CP (Environmental Management and Construction Plan) has been filed and is in a thirty (30) day comment period. The Town of Danby Supervisor sent a letter of support to allow for the pipeline to go through State Forest Lands . Rick Dobson - 1675 Danby Road - said that he does not think that this pipeline would do anything for Danby and asked if the substation had something to do with a part of the overall pipeline . Chairperson Horst reminded the public that the only thing the Planning Board could address tonight was the CNG request for subdivision of a lot. Councilperson Howard Steiner - 1050 Coddington Road - said that he was not aware that the Town Board sent a letter to the effect of support of this project. In all previous applications for subdivision in the Town plans are required to be submitted by applicants detailing the exactly what they are going to do with the subdivision, what it is going to look like, where roads and trees will be located, and the required environmental impact studies . He is not sure he understands how the Planning Board can approve this project not knowing what it is . Mr. Gass reported that the BZA requested a Plot Plan for the proposed facility and a copy is posted on the meeting room bulletin board. The purpose of the facility is to meter and regulate natural gas . Pete Supa - 48 Harrington Road, Johnson City, NY - lives near a metering station and there have been problems from leaking gas near the lines and regulating station that are not attended to promptly . Jean Sims - Willseyville, NY - asked if CNG had done their own impact study . Mr. Gass reported that CNG has completed the short form SEQR and it does not indicate any significant impacts on the environment. Darlene Sims - Willseyville, NY - asked what this area to be subdivided was zoned for and how many family residents could be built there . Susan Beeners reported that the area is zoned low density residential and that any building in the area would have to comply with the setbacks and subdivision requirements in the ordinance . • Brian Eden - 138 Signor Hill Road - there may be some hesitation to allow development of the property within certain specified areas that are adjacent to the metering and regulating station . Residents may wish to see a greater distance of separation between the metering station and their property than are required in our regulations . Susan Beeners said that CNG is a permitted utility and the plans comply with the regulations for setback in our ordinance . Howard Steiner - 1050 Coddington Road - Is curious as to why the term public utilities is scattered throughout our zoning as a permitted use . He does not think the intent of our zoning, when it talks about public utility, is to allow anyone to build anything that they want wherever they want. Alice Supa - Johnson City - said that she would be concerned with possible disaster and asked if a av O Planning Board Minutes Adjourned Public Hearing 3 CNG - July 17, 1996 disaster plan had been provided to the Town. . Mr . Gass - said that CNG has disaster plans available for local officials to view at their facility offices . Chairperson Horst stated for the public that we should all keep in mind that we all have electricity and like to have gas and fuel to heat our homes and all those utilities that make our life comfortable . In order to have that those facilities must go some place to reach you. Nobody wants them to go across their property . This creates a dilemma for those who are providing those utilities, those of • us who are trying to look at approving them and to the public . Rick Dobson - said that they have not shown him that there is a need for this gas line . If it was needed in Town, he would not object to it coming through Danby . Jean Sims - asked if this was for the subdivision or the whole line . Alice Supa - there is no immediate need for this project and no emergency . He thinks it needs to be reviewed . Dennis Mastro responded that there is a need for this pipeline and it has been reviewed in two (2) separate occasions by the New York State Public Service Commission . The facts are in the Article VII on file with all the related information. This project needs to be constructed and finished by December of this year. Public Hearing Declared Closed Chairperson Horst declared the public hearing closed at 8 : 32 P . M . aalb}}cd4-(4-4) Carol W . ScWinski, Secretary ajphm-cng . 96 • 391 1 Planning Board Minutes Public Hearing - Olden July 17, 1996 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING Public Hearing 7 : 50 P.M. July 17, 1996 Olden\Klein PRESENT : ® Chairperson Kenneth Horst Planning Board Members : Arch Dotson, Gerald Catlin William Farrell, Mary Lou Hardesty, Nancy Weitzel ABSENT : Ralph wilbur (Excused) Others Present : Code Enforcement Officer - Susan Beeners Secretary - Carol W . Sczepanski Applicants - Daniel Klein & Diane Olden Members of the Public : Dennis Mastro, Gregory S . Gass, Ursula Haynor, Gerald G . Jones, Bill Ragan, Robin Garvin, Walt Sczepanski , Darlene Sims, Suzane W . Sims, Peter Supa, Brian Eden, Alice Supa, Rick Dobson, Howard Steiner, Suzanne Kates, Tom Gavin Public Hearing Declared Open Chairperson Horst declared the Public Hearing open at 8 : 35 P . M . and read the following Notice of Publication : "NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, July 17 , 1996 at 7 : 50 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 10 . 3 +\- acre lot into two (2) lots of 1 +\- and 9 . 3 +\- acres each, located at 56 Durfee Hill Road, Town of Danby Tax Parcel No . 11 . - 1 -6 . 13 . Diane Olden and Daniel Klein Applicants ; Steven Gaarder and Suzanne Kates, Owners . All interested parties will be given the opportunity to be heard either in writing or in person . By Order of the Planning Board Chair Dated : July 9 , 1996 " Carol W . Sczepanski , Town Clerk Affidavit of Neighbor Notification received July 11 , 1996 . • Susan Beeners reported Daniel Klein and Diane Olden are purchasing the entire 10 . 3 acre parcel . They need to subdivide the parcel to create a mortgage parcel . Their mortgage company can only approve a mortgage the one acre parcel with the existing house . She expressed the need for this proposal to be expedited so that a mortgage can be obtained soon . Daniel Klein reported that they were purchasing the property for their home here and have no intentions of developing the remaining lands . Comments from the Public : Tom Gavin - 850 Steam Mill Road - has property adjacent to the Olden property and is here to • obtain information of the proposed subdivision and access to the undeveloped area. The road frontage to the property is less than the required 150 feet. 3 b" 2 Planning Board Minutes Public Hearing - Olden July 17, 1996 Robin Gavin - 850 Steam Mill Road - is concerned that an abandoned road could be used as an access at a future date and is concerned that some of the property could become land locked . . Howard Steiner - said his understanding is that approval cannot be given to subdivision for anything that creates a land locked parcel . Susan Beeners said that this subdivision could be approved with conditions at this time with building on the remaining parcel restricted . There would be road frontage on the remaining property of 52 feet to allow access to the 9 . 3 acre parcel . Daniel Klein - said that there is no intention to develop on the 9 . 3 acre parcel . Public Hearing Declared Closed Chairperson Horst declared the public hearing closed at 8 : 45 P . M . lCarol W . Sczep i , Town Clerk phm-olden. 96 • TOWN OF DANBY PLANNING BOARD MINUTES 8 : 47 p. m. July 17, 1996 Regular Meeting PRESENT : Chairperson Kenneth Horst Planning Board Members : Arch Dotson, William Farrell , Gerald Catlin, Mary Lou Hardesty, Nancy Weitzel ABSENT : • Ralph Wilbur (Excused) Others Present: Code Enforcement Officer - Susan Beeners Secretary - Carol W . Sczepanski Members of the Public : Dennis Mastro, Gregory S . Gass, Ursula Haynor, Gerald G. Jones , Bill Ragan, Robin Garvin, Walt Sczepanski , Darlene Sims, Suzane W . Sims, Peter Supa, Brian Eden, Alice Supa, Rick Dobson, Howard Steiner, Suzanne Kates, Tom Gavin Chairperson Horst called the meeting to order at 8 : 47 P . M . and welcomed our new Planning Board Member, Gerald Catlin . CNG - Proposal for Subdivision The Adjourned public hearing from June 19 , 1996 was continued on July 17, 1996 at 7 : 30 p . m . to hear comments of a Proposed Subdivision of Town of Danby Tax Parcel No . 1 . - 1 -24 located on Comfort Road of a 1 . 72 +\- acre parcel to build a metering an transfer station. Ursula VanDeman owner; Gregory S . Gass, agent for CNG Transmission Corporation, applicant. Chairperson Horst read the Decision from the Town of Danby Board of Zoning Appeals to approve the variance request submitted by CNG Transmission Corporation for variance of lot size and frontage requirements . The BZA Decision was filed in the clerk ' s office on July 12 , 1996 . Discussion : Mary Lou Hardesty asked the Code Enforcement Officer if she had done an on-site survey. A letter from the DEC states "that this information should not be substituted for on- site surveys that may be required for environmental assessments". She said that she is assuming that the Town does not have to do SEQR. Code Enforcement Officer, Susan Beeners said that she did not do an on-site survey but had reviewed the materials related to plant species, wet lands, topographical maps and the way that this project is being designed. The site where development will occur is all open pine plantation and set back from the Buttermilk Creek Tributary. ® RESOLUTION NO. 20 OF 1996 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - PROPOSED VANDEMAN TO CNG TRANSMISSION CORPORATION SUBDIVISION - Approved By Arch Dotson : Seconded by Nancy Weitzel WHEREAS, CNG Transmission Corporation has applied for the proposed subdivision of a 1 . 72 +/- acre parcel from Town of Danby Tax Parcel No . 1 . - 1 -24, 75 acres total, with such 1 . 72 +/- acre parcel located west of Comfort Road and north of Jersey Hill Road, and with access to said parcel to be provided by a 30-foot wide easement from Comfort Road on said Tax Parcel , Ursula VanDeman, Owner; and WHEREAS, the proposed subdivision is an Unlisted Action for which the Town of Danby Planning Board is legislatively determined to act as Lead Agency in environmental review; and 394 WHEREAS, the Town of Danby Board of Zoning Appeals has on July 11 , 1996 granted variance of Article V , Section 504 and Article VI, Section 600 , Paragraph 4 , of the Town of Danby Zoning Ordinance to permit said subdivision with no frontage on a public road and with a lot size of less than two (2) acres ; and WHEREAS, the Planning Board at and following public hearing held on July 17 , 1996 as adjourned from June 19 , 1996 has reviewed the application materials for the proposed subdivision, including the SEQR Environmental Assessment Form and the recommendation of the 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 the subdivision as proposed, makes and hereby does make a negative determination of • environmental significance for this Unlisted Action. A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously RESOLUTION NO. 21 OF 1996 VANDEMAN TO CNG TRANSMISSION CORPORATION SUBDIVISION - Approved By William Farrell : Seconded by Arch Dotson WHEREAS , CNG Transmission Corporation has applied for the proposed subdivision of a 1 . 72 +/- acre parcel from Town of Danby Tax parcel No . 1 . - 1 -24 , 75 acres total, with 1 . 72 +/- acre parcel located west of Comfort Road and north of Jersey Hill Road, and with access to said parcel to be provided by a 30-foot wide easement from Comfort Road on said Tax parcel , Ursula VanDeman, Owner; and WHEREAS, the proposed subdivision is an Unlisted Action for which the Town of Danby Planning Board, acting as Lead Agency in environmental review, has on July 17 , 1996 made a negative determination of environmental significance ; and WHEREAS, the Town of Danby Board of Zoning Appeals has on July 11 , 1996 granted variance of Article V , Section 504 and Article VI, Section 600 Paragraph 4, of the Town of Danby Zoning Ordinance to permit said subdivision with no frontage on a public road and with a lot size of less than two (2) acres ; and WHEREAS, the Planning Board at the following public hearing held on July 17 , 1996 as adjourned from June 19, 1996 has reviewed the application materials for the proposed subdivision, including the proposed subdivision plan entitled "CNG Transmission Corp. - Acquisition of Lands from Ursula J . VanDeman - 272 Comfort Road - Ithaca, N . Y . , Town of Danby, Tompkins Co . , N . Y. " by K. Robert Cunningham, Professional Land Surveyor, dated June 7 , 1996 , now therefore, it is RESOLVED , that the Town of Danby Planning Board grants and hereby does grant Final Subdivision Approval to the proposed subdivision as presented . A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously r Planning Board Minutes 3 July 17, 1996 Olden/Klein Subdivision Proposal A public hearing was held at 7 : 50 P .M. to hear comments on the Olden/Klein Subdivision Proposal for Town of Danby Tax Map No . 11 . - 1 -6 . 13 , located on Durfee Hill Road . The request for a subdivision is to obtain a mortgage to purchase the property . Susan reported that there is an old abandoned road on the property and the adjacent landowners are concerned that it could be used again as an access to the back lands and would prefer that no building be allowed on the 9 . 3 /- acre parcel . She said that use of the road could be resurrected for driveway purposes. Use of the abandoned road would be something that would have to be negotiated between • the landowners as it is now private lands. She suggested the Board consider the lot be restricted to a single family dwelling with access to be from Durfee Hill Road . It is possible to extend the existing driveway to create a shared driveway for access . Chairperson Horst asked if the Planning Board would consider approval with the condition that only one single family dwelling could be built on the 9 . 3 +/- acre parcel . RESOLUTION NO. 22 OF 1996 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE - PROPOSED SUBDIVISION AT 56 DURFEE HILL ROAD - Approved By : Mary Lou Hardesty : Seconded by William Farrell WHEREAS, Diane Olden and Daniel Klein have applied for the subdivision of Town of Danby Tax parcel No . 11 . - 1 -6 . 13 , located at 56 Durfee Hill Road, owned by Steven Gaarder and Suzanne Kates, into two (2) lots of 1 +/- and 9 . 3 +/- acres each and WHEREAS, the proposed subdivision is an Unlisted Action for which the Town of Danby Planning Board is legislatively determined to act as Lead Agency in environmental review; and WHEREAS, the Planning Board, at and following Public Hearing on July 17 , 1996 , has reviewed the application materials for the proposed subdivision, including the Environmental Assessment Form and the recommendation of the 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 said proposed subdivision, make and hereby does make a negative determination of environmental significance . A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously RESOLUTION NO . 23 OF 1996 PROPOSED SUBDIVISION - 56 DURFEE HILL ROAD - Approved By Chairperson Horst : Seconded by Nancy Weitzel ti WHEREAS, Diane Olden and Daniel Klein have applied for the subdivision of Town of Danby Tax Parcel No . 11 . - 1 -6 . 13 , located at 56 Durfee Hill Road , owned by Steven Gaarder and Suzanne Kates, into two (2) lots of 1 +/- and 9 . 3 +/- acres each; and WHEREAS, the proposed subdivision is an Unlisted Action for which the Town of Danby Planning Board, acting as Lead Agency in environmental review, has on July 17 , 1996 made a negative determination of environmental significance ; and WHEREAS , the Planning Board, at the following Public Hearing on July 17 , 1996 , has reviewed Planning Board Minutes 4 July 17 , 1996 the application materials for the proposed subdivision, including maps entitled : "Hypothetical Plan, Preferred Cluster Plan, and Detailed Map - dated July 8 , 1996, by Daniel Klein and Diane Olden" ; now therefore, it is RESOLVED, that the Planning Board hereby grants preliminary and final subdivision approval to the subdivision as presented, conditional upon the following : 1 ) future development of the proposed 9 . 3 +/- acre lot shall be restricted to one ( 1 ) single family dwelling and access to any such dwelling shall be provided from Durfee Hill Road ; • 2) the submission of a final survey map, suitable for filing, for signature by the Planning Board Chairperson. A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously Other Business : Communications : 1 ) Notice from Frank Proto on a Public Forum to be held by the Rural Affairs Committee of Tompkins County Board of Representatives - Monday, July 29 , 1996 - 710 P . M . - Groton Town Hall . Approval of June 19, 1996 Planning Board Minutes : A motion was made by Nancy Weitzel and seconded by Mary Lou Hardesty to approve the June 19 , 1996 Public Hearing Minutes - CNG and the June 19 , 1996 Planning Board Meeting Minutes as corrected. Carried Unanimously Board of Zoning Appeals Hearing - Olden/Klein - Canceled Susan reported that the public hearing scheduled by the Board of Zoning Appeals to hear the appeal of Olden/Klein for road frontage variance will be canceled . Comprehensive Planning: Chairperson Horst would like the Board to get back to revising or developing a new Comprehensive Plan. On a motion the meeting adjourned at 9 : 53 P . M . • Respectively Submitted, Xapau .d.A1 l/ Carol W . Sc ski, Secretary min-7- 17 . 96 C