HomeMy WebLinkAbout1997-06-04 701
1 Local Law No. 1 of 1997
Public Hearing
June 4, 1997
TOWN OF DANBY
PUBLIC HEARING MINUTES
Proposed Local Law June 4 , 1997
Local Law No. 1 of 1997
PRESENT :
Supervisor Mary Oltz
Councilpersons : Edward Inman, Joseph Schwartz, Howard Steiner
ABSENT :
Councilperson Rosa Lee Johnson (excused)
Others Present :
Susan Beeners - Code Enforcement Officer
Carol W. Sczepanski - Town Clerk
Matthew Engelhart - Applicant
Members of the Public :
Naomi & Robert Strichartz, John Henderson, Joseph Cheng, Verna Little
Public Hearing Declared Open :
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Supervisor Oltz declared the public hearing open at 6 : 00 P . M. and the Town Clerk read the
following Notice of Publication :
"NOTICE IS HEREBY GIVEN, that a public hearing will be held by the Town Board of the Town
of Danby on Wednesday, June 4 , 1997 at 6 : 00 P . M . , Danby Town Hall , 1830 Danby Road, Ithaca,
New York, 14850, purpose of the hearing is to consider approval of a general plan for the proposed
enlargement of Planned Development Zone 10, located at 303 Gunderman Road, on a portion of
Town of Danby Tax Parcel No . 9. - 1 -9 . 12 from 5 . 22 acres to 9. 22 acres and with such enlarged Zone
to include a proposed design studio/future residence and a new access drive . And further, to
consider a Local Law entitled " A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING
ORDINANCE RELATED TO BOUNDARIES AND PERMITTED USES OF PLANNED
DEVELOPMENT ZONE 10 AND ADJOINING LANDS " .
All interested parties will be given the opportunity to be heard either in writing or in person.
By Order of the Town Board
Carol W . Sczepanski, Town Clerk
Dated : May 21 , 1997
Published : May 23 , 1997 "
Affidavit of Neighbor Notification filed May 21 , 1997 .
Letter from Joseph Cheng of Gunderman Road requesting that the Local Law forbid future activities
in silk screening .
Members of the Public :
Naomi Strichartz - 703 Comfort Road - thanked Mr. Engelhart for turning down lights at Angelhart
Designs . She reported that she is concerned that this is a warehouse center. Is opposed to the
expansion and feels that it will have a large impact on the neighborhood .
Bob Strichartz - 703 Comfort Road - are neighbors of Angelheart Designs, Inc . Reported that the
Planning Board public hearing accomplished a lot from his point of view in addressing the concerns
of the neighborhood residents at a public hearing . He would ask that a clause be put into the local
law that the business from any silk screening or any dying of fabrics that use toxic dye be
prohibited. The main request at this date is to add a design studio and it is within the character of
the neighborhood but he is disturbed that this is warehouse business . He would be happy if the
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2 Local Law No . 1 of 1997
Public Hearing
June 4, 1997
Planning Board did not approve of any future development (as described in (g) and (e) in the
proposed local law) . They do not want to see any additional development in the future at Angelheart
Designs .
Councilperson Inman asked Mr. Strichartz what type of problems from the warehouse business he
was referring to .
Mr. Strichartz said that their particular problems were the lighting of the parking area was shining
directly into their bedroom windows . That has been recently changed but they receive less impact
than some of the neighbors on Gunderman Road .
Joseph Cheng - Gunderman Road - commended M. Engelhart for cleaning up the debris along the
roadside from the construction at Angelheart Designs . His concern is with fabric dying and possible
toxic chemicals being released into the environment. He requested that fabric dying be restricted .
Even though this is not a practice at Angelheart Designs, a future new owner may have a different
type of clothing manufacturing .
Matthew Engelhart - said that his overall understanding is that the second phase of the warehouse
has been approved even though we have no intention at this time to go forward with it . He likes the
idea that they have renovated the barn and kept the facility within the character of rural Danby. He
said he would like to get a sense from the Town Board as to whether they look favorably at this
proposal and the operation of Angelheart Designs . He said he does not want to fight an uphill battle
i f the Town Board does not want this type of business in Danby. His true intention is to try to
accommodate his neighbors and not create any enemies and to be environmentally sensitive .
Supervisor Oltz responded that we are looking for businesses in Danby . She that his neighbors
seemed to agree that this is a business that is conscious of the neighbors and the environment .
Councilperson Schwartz said that he has nothing against the business and every case that comes
before the Planning Board and the Town Board is considered on its own merritt. The Board looks
at each application as if it were a first one and the context of its needs .
Councilperson Steiner said his understanding that this Planned Development District was approved
several years ago for a PD of 25 acres . Somehow the PD was reduced by the Town Map that was
adopted in 1991 to a much smaller PD to reflect the current land use .
Susan explained the history of the Planned Development District for Angelheart Designs to the Town
Board and that there were no overall master plans in place when the new Zoning Ordinance and
Town Map were approved. She explained in detail the general site plan for the proposed expansion
of Planned Development Zone 10 .
The Board reviewed the general site plan for the proposed expansion of Planned Development Zone
10 . Susan reported that there are limitations put on the remaining back land and 3 1/2 acres of the
Planned Development District was never to be developed .
Verna Little - 1758 Danby Road - is curious about the meaning of zoning when some people must
abide by it and some don ' t. She said that she is unhappy that the State Highway Department took
away most of her front yard and her garage to make the highway three lanes in front of her home
several years ago for a turning lane onto Gunderman Road . She asked when the expansion of
Engelhart Designs was going to end . She would like to see Danby stay a quiet rural community.
Councilperson Schwartz responded that zoning ordinances are not static documents . Danby first had
zoning in 1958 and it has been updated several times . A new ordinance was adopted by the Town
in 1991 . The ordinance allows some flexibility and in terms of limits for expansion. Mr. Engelhart
has gone through the process and obtained all the proper documents .
Councilperson Steiner responded that the Engelhart property had nothing to do with NYS Highway
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Local Law No. 1 of 1997
Public Hearing
June 4, 1997
taking away part of her property. A turning lane for Gunderman Road was probabl for t
of people turning onto Gunderman Road . Y he safety
Verna Little said that it is one of the kind of artifact that we live with when the Board accepts
allows this kind of high density road . It is high density in terms of 70 people working there When
the business started it was only two or three people working there . This is the kind of ar um When
all live with when a high density development is approved . g ents we
Supervisor Oltz commented on the widening of NYS 96B and reported that all intersections a
96B were widened to allow for a turning lane for public safety. long
Verna Little responded to the Board that you are personally responsible to people whose ro
is damaged by your decisions . People are going to continue to allow expansions more and p
I think this is a wrong decision . moortY
re .
Councilperson Inman responded that the public chooses the Board Members and the p ublic can
remove the Board Members . Your concerns about the ordinance and suggested changes should be
directed to the Planning Board .
Councilperson Schwartz encouraged Ms . Little to attend the Planning Board Meetings as revisions
to the zoning ordinance are through their recommendations .
Councilperson Steiner said that there has been two (2)
Angelheart Designs, Inc . and the public has had the opportunity to respond with their concerns d
it is inappropriate to delay and delay for the purpose of delaying. It is not practical to hold up this
expansion of Planned Development Zone 10. He said that he thinks that a business that employs 70
people at good paying jobs is important to the community and the Town of Danby. A number of the
employees live in the Town of Danby. Mr. Engelhart has attempted to work with the Town and his
neighbors to make the business compatible with the neighborhood . He has not heard any reasons
why not to approve the expansion .
Naomi Strichartz said that there are many trucks coming to the facility and that it is possible that they
exceed the weight limit on the bridge . She is disturbed that as a neighbor the fact that their lifestyle
is disturbed does not matter. She said that she thinks that they do not count. A national distribution
company is inappropriate in a rural residential neighborhood .
Matthew Engelhart said that he there is one truck per week that arrives early in the morning and
leaves around 8 : 00 A . M. He does not think that this is a large impact on the neighbors . Other
traffic may be UPS and other mail deliveries .
Public Hearing Declared Closed
Supervisor Oltz declared the public hearing closed at 6 : 45 P . M.
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Carol W . z apanski , Town Clerk