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HomeMy WebLinkAbout1997-06-18 6 2 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - WILDES 7 : 15 P .M . - JUNE 18 , 1997 PRESENT : Chairperson Kenneth Horst Planning Board Members : Gerald Catlin, Arch Dotson, William Farrell , Linda Hansen , Mary Lou Hardesty , Nancy Weitzel Others Present : Carol W . Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Josefina Griffin, Esther Dotson, Jane Burnham, �nelr Liz1Norton Patrick Gella, Robert & Margaret Shepard, Helen Staller-Engelhart, Howard Steiner, Faith Chase , Linda Loomis Public Hearing Declared Open : Chairperson Kenneth Horst declared the public hearing open at 7 : 22 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, June 18 , 1997 at 7 : 15 P .M . , Danby Town Hall , 1830 Danby Road, Ithaca, New York, 14850 . Purpose of the hearing is to consider a request for a Special Permit for the proposed construction of a 'second dwelling on a lot, located at 512 Beech Hill Road , Town of Danby Tax Parcel No . 26 . - 1 - 12 . 12 , Cisela Wildes , 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 Dated : June 10 , 1997 Carol W . Sczepanski , Town Clerk Published : June 12 , 1997 Affidavit of Neighbor Notification filed June 10 , 1997 Code Enforcement Officer, Susan Beeners addressed the Board and Public and reported that a detached dwelling on a property requires a Special Permit . The property is approximately 40 acres in a secluded location . A Health Department Permit has been obtained . Jane Bernham - reported that the second dwelling is to be used as a temporary residence on weekends through the summer months . i' -- 4 3 i s t) 2 Planning Board Minutes Public Hearing Minutes Wildes - June 18 , 1997 No public in attendance addressed the Board . Public Hearing Declared Closed : Chairperson Horst declared the Public Hearing Closed at 7 : 27 P . M . etti efre gel Si a s • Carol W . Sczepanski cretary phm-wildes . 97 • . 6 1 Planning Board Minutes June 18, 1997 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P . M. June 18 , 1997 PRESENT : Chairperson Kenneth Horst Planning Board Members : Gerald Catlin , Arch Dotson , William Farrell , Linda Hansen, Mary Lou Hardesty, Nancy Weitzel Others Present : Carol W . Sczepanski - Secretary • Susan Beeners - Code Enforcement Officer Members of the Public : Josefina Griffin, Esther Dotson , Jane Burnham , Robert & Naomi Strichartz, John R. Henderson, Margaret Shepard, Helen Staller-Engelhart, Howard Steiner, Liz Norton , Patrick Gella, Robert & Faith Chase, Linda Loomis Chairperson Kenneth Horst called the meeting to order at 7 : 28 P . M . and said that this is a regular Planning Board Meeting, is open to the public and is not a public hearing . Privilege of the Floor : Margaret Shepard - 441 Comfort Road addressed the Board and said that she is representing Fred Soyring (a neighbor) and that he asked her to convey to the Board that he is concerned about the proposed development across the road from him and the serious impact it would have on him and the fact that this is agricultural land . She also reported on goals of the Ithaca City School District for the Danby School . Josefina Griffin - submitted a letter from The Oakmont Corporation, addressed to Donna Collins regarding the Danby Community Center process and funds necessary to proceed with their project. A list of grant applications was submitted to the Board that have been submitted for community center funds . RESOLUTION NO 4 of 1997 - Approved REQUEST FOR SPECIAL PERMIT - CISELA WILDES, BEECH HILL ROAD By Nancy Weitzel : Seconded by Mary Lou Hardesty WHEREAS, Cisela Wildes has requested a Special Permit for the proposed construction of a second dwelling on a lot, located at 512 Beech Hill Road, Town of Danby Tax Parcel No . 26 . - 1 - 12 . 12 , and WHEREAS , this is a Type II action for which no further environmental review is required , and WHEREAS, the Planning Board at and following public hearing on June 18 , 1997 has reviewed the application materials for the proposal , : now, therefore , it is RESOLVED , that the Planning Board hereby grants a Special Permit and General and Final Site Plan Approval to Cisela Wildes for the proposed construction of a second dwelling on a lot, located at 512 Beech Hill road, Town of Danby Tax Parcel No . 26 . - 1 - 12 . 12 . • A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Carried Unanimously 465 Planning Board Minutes June 18, 1997 Consideration of Special Permit - Community Center Proposal Chairperson Horst reviewed with the Board what has transpired since the beginning of this issue relative to the Community Center . 1 ) April 23 , 1997 Public Hearing - Chairperson Horst reviewed with the Board information received at the April 23 , 1997 public hearing from the public in person, letters, petitions, and other materials received regarding concerns of impacts that this project may have on the neighborhood . He reported that he was impressed with the interest of the public and expressed his appreciation . • 2) April 30 , 1997 Special Planning Board Meeting - The Planning Board passed a resolution that adjourns further consideration until May 14 , 1997 pending the following information : 1 ) preliminary approval of the preliminary site plan by the Tompkins County Highway Department ; 2) preliminary approval of the preliminary site plan by the Ithaca City Schools Transportation Department relative to access to school busses ; 3 ) preliminary approval of the preliminary site plan by a professional arborist and a provision of a general management plan for conservation of existing Oak tree during and following construction . 3 ) May 14, 1997 Public Hearing and meeting of the Board the three ( 3 ) issues expressed at the April 30 , 1997 were addressed and there was a modification of the site plan . A number of comments were similar to the first hearing. After lengthy discussion on the proposal the Board passed a resolution to postpone consideration of the SEQR Determination and Application for Special Permit until June 18 , 1997 . The resolution requested that in the interim a representative group of Community Council , Building Committee , Planning Board and Town Board meet with the Ithaca City School District to see if the Danby School was an alternative to consider and that a response be received in writing from the Ithaca City School Superintendent . 4) Ithaca City School District Superintendent met with the Planning Board at the Danby School . 5) The Ithaca City School District and members rsoftional Planning Board met with the Community Council on May 28 , 1997 as 6) Response was received relative to a letter to the Ithaca City School Superintendent from Josefina Griffin and addresses many of the questions that have been raised at public hearings regarding the use of the Danby School for a Danby Community Center . Arch Dotson reported that he was commissioned by the Planning Board aC after City School repeated uperintendentt we obtain facts about the use of the Danby Schoo l from the Judith Pastel and Dave Willower met with Members of the Planning Board, Town Board and Josefina Griffin . He said that he thinks that the present estimate of the project is not carefully planned and the location is not in the Town' s center. He suggested that the letters from the School District and other correspondence received regarding this project addressed to the Planning Board be made available to everybody who wishes to review them . Nancy Weitzel commented on a communication from Margaret Shepard to Arch Dotson regarding homes for sale in Danby that Margaret thinks should be considered as possible sites for a community center. Nancy said that she does not agree with purchasing a home to convert to a community center a feasible idea. The cost to renovate a home for a community center is as much as it is to build a new building. Bill Farrell said that he agrees with Nancy if you buy a building and bring it up to code that the cost would be much as a new structure and you would still have a house . Gerry Catlin said that even after bringing a house up to code you would still have just a house . 466 3 Planning Board Minutes June 18, 1997 Susan Beeners said that from a code standpoint that she would agree that it would be very difficult to bring a house up to code for a community center. Converting a house into a facility for a day care and community use would be dealing with a different set of codes and occupancy standards . Mary Lou Hardesty said that she agrees with Nancy and Bill . That to buy a building that is already being used for a home and then trying to convert it into a community center is not feasible . She considers it as being in the same situation as we are now that is only adequate (not even adequate) for a day care center for pre- school programs . Linda Hansen said that she favors buying the existing property as it would be equity to help obtain financing but does not think that there is anything available locally that she could view as adequate • for a community center. Arch Dotson said to get a response from the School District regarding the possible purchase of land on the Danby School Site might take as long as six months . Nancy Weitzel said that she thinks the reason that there is 21 -25 acres at the Danby School had something to do with the soil and the drainage for the septic and water system for the school . The Board discussed the following concerns related to the site proposed for a community center : 1 ) the location of the proposed site and that it was not in the center of Town ; 2) possible increased traffic and the need for a speed zone ; 3 ) septic and drainage for a small lot ; 4) should the Town seek property to purchase at the Danby School site ? Mary Lou asked where there would be an ideal location for a community center. Arch said we already have that idea as closer to the center of the community that is closer to the Town Hall and the Church . If the school were available it would be the ideal site . Liz Norton addressed the Board and said she did not know why they were discussing the use of the Danby School as she thought that idea was a dead dog . She does not know what to say about the school that has not already been said . Ken Horst said that as far as the Planning Board was concerned that nothing was a dead dog at this point. We have to consider all the options that pertain to the Special Permit request . Mary Lou said that she was interested in the impact on the Community Council related to their programs and insurance if it were possible to move into the Danby School . Liz said that funding for programs would be difficult as there would not be anything permanent . They have not heard anything back from their grant proposals . She presented a list to the Board of • grant applications that have been submitted and some that they or are going to submit application for. She said that there are also proposed budgets for consideration in the event that they were not able to raise the necessary funding to build the community center. They must raise half of the funds necessary before they can start construction. Community Council can probably negotiate a lease to continue at their present site but there is not room for a summer program for this year. Motion to Approve the Community Center Site on Comfort Road : By Mary Lou Hardesty and seconded by Nancy Weitzel to approve the Community Center Site on Comfort Road so that the Community Council can submit grant applications to obtain funding for a community building and if a more appropriate site is obtained the funds and grants for the project be transferred as funds and grant awards can be transferred to include the new location . 467 4 Planning Board Minutes June 18 , 1997 Discussion : Mary Lou said that ownership of the property would enable them to submit the grant applications . Bill Farrell said that after the property has been purchased there would be equity that could be used for obtaining funds from a bank . Linda Hansen said that in looking at the scenario of the proposed budget she thinks the funding requests are connected to only day care . Liz Norton explained that the contract with the Town for funding is on an annual basis and budgets must be submitted each year for the Town budget process . Arch Dotson said that he would like to consider an amendment to the motion that we should suspend approval until there is enough of the plan in shape to see how it fits into it the comprehensive plan that we are working on . Lets use the best knowledge and experience as we have benefit of the County Planning Circuit Rider. Nancy Weitzel said that the Board could be as long as three years working on the comprehensive plan . Mary Lou said she would accept a modification to her motion if the Board approves the site plan on Comfort Road, the Planning Board completes the comprehensive plan and works on finding another site for the community center . But, if Community Council comes before this Board and has obtained funding for construction of the project, and another site has not been found that they can proceed on the Comfort Road site . She said she did not like the word suspend . Mary Lou withdrew her motion SEQR Determination Discussion Susan Beeners said that before the Board considers to approve or not approve the Special Permit they must make a SEQR Determination for the proposed site for the community center. She said that she does not see where she would want to make any changes to the SEQR Review and would still recommend an Negative Determination. Chairperson Horst said that the Board needs to approve a SEQR Determination . At the meeting of May 14 , 1997 the Board postponed further consideration of the SEQR Determination and Special Permit until the issue of use of the Danby School is resolved . Mary Lou Hardesty said that all of the issues that were in question have been addressed . Everything that we have asked Community Council to do has been done . Other site locations and other buildings that are available have been checked. A preservation plan for Oak tree was done and access to the building and the driveway modifications have been made within reason and she thinks this site plan should be approved as we cannot keep asking them to do more for a Special Permit . Bill Farrell said that we should either approve of the site of disapprove it . Arch Dotson said that he thinks a metal building would be a blight on the land and land use . The long range consequences would not be have been adequately considered . The minor issues have been considered but not the key issue of location . Linda Hansen said that she does not think that any member of the Board is real happy with the location of the site but are happy with the idea of the center and the community pulling together. She thinks that it is the Board ' s mission to make the best judgement for the community and does not feel good about this project on the proposed site . Nancy Weitzel said that there is no one that has come forward with a better site . It is not that they have not been looking for a number of years . 468 5 Planning Board Minutes June 18, 1997 Chairperson Horst said he is not sure that the concerns of impact for a house across the street is a reason to turn down the SEQR Determination as it seems a little harsh but is not sure based on what he has heard that he could say to grant a special permit . Ken suggested that a task force be developed that consists of members of the Planning Board , Town Board , Community Center and public to take a good look at alternative sites . When he reviewed all the material he has received he found that from all the letters and comments he would guess that ninety per cent (90%) of them were not against the community center but comments raising questions about the site . (Two petitions have been submitted to the Planning Board : 1 ) approving of the community center site on April 30 , 1997 ; and 2) a petition on May 14 , 1997 against the site for a day • care center . Some of the signers names appeared on both petitions .) Nancy Weitzel said that many members of the public do not understand the difference in the programs Community Council offers and the pre- school and after school programs . They assume that Community Council provides only what is refered to as a day care center. The day care generates revenue for operation . Liz Norton said that Community Council really needs to develop drawings for the site and it is a big investment of approximately $4 ,000 . 00 . They are ready to do that but they need a site . Nancy Weitzel asked if it was the Planning Boards business to find the site . Arch Dotson said it was the position of the Planning Board to help them find a site . Chairperson Horst said that there is still a great deal of indecisiveness on the Board about this project . William Farrell said that he thinks that we are holding up the Community Council by not making a decision. Either we must turn it down or approve it. They have come before us three or four times and we keep adding more requests and thinking of things they should do . No one has come up with an alternative site . RESOLUTION NO . 5 of 1997 SEQR DETERMINATION - PROPOSED DANBY COMMUNITY CENTER - Approved By Mary Lou Hardesty : Seconded by Gerald Catlin WHEREAS , the Danby Community Council has requested a Special Permit for a proposed Danby Community Center, proposed to be located on a 2 . 8 +/- acre portion of Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 on the east side of Comfort Road , north of Miller Road West ; and WHEREAS , this is a Type I Action for which the Town of Danby Planning Board is legislatively determined to act as Lead Agency in environmental review ; and WHEREAS , the Tompkins County Department of Planning and the Tompkins County Division of Environmental Health are involved agencies which have been notified of this action ; and WHEREAS , the Town of Danby Planning Board , at and following Public Hearing on the request • on May 14 , 1997 has reviewed the proposed site plan, environmental assessment form , and other including the recommendation of the Code Enforcement d with the application, g materials submitted pp Officer that a negative determination of 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 Type I action, make and hereby does make a negative determination of environmental significance . 469 6 Planning Board Minutes June 18, 1997 A roll call vote on the resolution resulted as follows : Dotson Nay Catlin Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Horst Nay Carried COMMUNITY CENTER SPECIAL PERMIT CONSIDERATION A draft resolution to approve a Special Permit for the Proposed Danby Community Center proposed to be located on Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 . Chairperson Horst asked the Board if they were prepared to make a resolution relative to approval or disapproval of this Special Permit request . Discussion : Chairperson Horst said that the Building Committee is arranging with legal council provisions for a nominal fee for purchase of the property . Gerald Catlin said that he would like to see a stipulation in the resolution that if a more suitable site were found before development of the Comfort Road site that the new site be obtained . He thinks that a task force should be set up to seek alternative sites . William Farrell said that he would like to see Community Council secure financing before construction is started . If a more suitable site is located they should pursue the better site . Arch Dotson said that a draft should be drawn up that supports the provision that the building committee continue to seek an alternative more suitable site . He said that he would move that the permit be conditional upon the demonstration of progress in the search for a better location . This would allow the Planning Board time to appoint a task force . Mary Lou Hardesty said that she thinks that placing a condition of the permit could be a problem . When application is made for obtaining grants for a building facility you need to have a map and a sketch plan drawn according to a particular site . Arch Dotson said that a provision in the resolution for seeking a more suitable site means mainly that the permit be approved subject to certain conditions . The purpose is that if we find something better (if we can) and if we can agree about another site , we have expressed our intention at this point to follow it . Bill Farrell said we should pass this resolution and leave the rest up to the good will of the people . • Arch Dotson said that the task force would be the body that would try to find alternatives to help secure an alternative site and suggested that the Chair designate the task force . The time frame to be considered would be through November 30 , 1997 . Arch suggested that the conditions for the Special Permit be that a task force be developed to consider alternative sites through November 30, 1997 and that within this period if no other site is approved then the contingency be removed . RESOLUTION NO. 6 of 1997 PROPOSED DANBY COMMUNITY CENTER By Arch Dotson : Seconded by Gerald Catlin WHEREAS, the Danby Community Council has requested a Special Permit for a proposed Danby 4; 7 i 7 Planning Board Minutes June 18, 1997 Community Center, proposed to be located on a 2 . 8 +\- acre portion of Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 on the east side of Comfort Road , north of Miller Road West ; and WHEREAS , the Town of Danby Planning Board , at and following Public Hearing on the request on May 14 , 1997 has reviewed the proposed site plan, entitled " Site Plan , Proposed Danby Community Center, Danby Community Council", dated May 6, 1997 , the environmental assessment form, and other materials submitted as part of the application, and on June 18 , 1997 has reviewed the above titled site plan revised June 12 , 1997 with technical revisions related to well and septic field location ; and WHEREAS , this is a Type I Action for which the Planning Board, acting as Lead Agency in • environmental review, on June 18 , 1997 made a negative determination of environmental significance ; and WHEREAS , the Town of Danby Planning Board has duly considered the General Considerations for Site Plans and for Special Permits provided in Sections 805 and 901 of the Danby Zoning Ordinance ; now, therefore , it is RESOLVED , that the Town of Danby Planning Board grants a Special Permit for the Danby Community Center as proposed, and , further, grants general and final site plan approval for the site plan entitled " Site Plan, Proposed Danby Community Center, Danby Community Council " , dated May 6 , 1997 , revised June 12 , 1997 ; and, be it further RESOLVED , that the Special Permit for the Danby Community Center be approved with the contingency that a task force be developed to consider alternative sites through November 30, 1997 and within that period they are to consider alternative sites, and further RESOLVED , that if no other site is approved by the Planning Board then the contingency is removed . Discussion A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously Final Site Plan Approval - Angelheart Designs A final Site Plan for Angelheart Designs, Inc . Proposed Design Studio and Fabric Shed has been submitted for Planning Board consideration. The Town Board has approved the zoning change and the Town has submitted Local Law No . 1 of 1997 to New York State for filing . This request is for • final site plan approval of the design studio which was part of the zoning change and then the addition of a fabric shed next to the existing fabric shed . The fabric shed is an addition to the previous site plan . A representative from Angelheart Designs, Inc . described the plans to the Board . RESOLUTION NO . 7 OF 1997 ANGELHEART DESIGNS , INC . - PROPOSED DESIGN STUDIO AND FABRIC SHED - Approved By Nancy Weitzel : Seconded by William Farrell WHEREAS, Matthew and Jeanne Engelhart, Angelheart Designs, Inc . , have requested Final Site Plan Approval for the proposed construction of a 2 , 000 +/- square-foot design studio , and a 960 +/- A w 6 . . 8 Planning Board Minutes June 18; 1997 squaare-foot fabric shed at 303 Gunderman Road , Town of Danby Tax Parcel No . 9 . - 1 -9 . 12 ; and WHEREAS, the Town of Danby Town Board on June 9 , 1997 enacted a Local Law and approved a General Site Plan related to the uses and boundaries of Planned Development 10 at which the involved site is a part ; and WHEREAS , the Planning Board has reviewed the current request for final site plan approval , including the map entitled "Revised Site Plan of Planned Development Zone 10 showing proposed Modification to Boundaries and proposed Design Studio , further revised through June 13 , 1997 to ® show the proposed fabric shed ; and WHEREAS , the proposed design studio and proposed fabric shed are is Type II actions requiring no further environmental review; now, therefore , it is RESOLVED , that the Town of Danby Planning Board grants final site plan approval for the proposed construction of a 2 ,000 +/- square-foot design studio, and a 960 +/- square-foot fabric shed at 303 Gunderman Road , Town of Danby Tax parcel No . 9 . - 1 - 9 . 12 . A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously Other Business Carol Sczepanski reported that due to all the extra work required for the Planning Board related to public hearing neighbor notification and the prepartion of materials for public hearings it may require a transfer of funds from contractural account to the payroll account . If the responsibility for public hearing notice for neighbor notification of the Planning Board and Board of Zoning Appeals public hearings is to be done by the secretary it will require additional monies to pay for office staff as funding for this is not included in the Town Clerk' s budget. . The duties as secretary to these boards is performed on and independent basis and not part of the Town Clerk' s duties and responsibilities . Secretary to the boards was budgeted and approved for a person to take the minutes of meetings and transcription ' of the minutes . She asked permission of the Board to request the Town Board to transfer funds from the General Fund Account No . A8020 . 4 to A8020 . 1 payroll account to cover the expense to pay for a secretary . A motion was made by Arch Dotson and seconded by Nancy Weitzel to request the transfer of funds necessary from the General fund Account No . A8020 . 4 to A8020 . 1 to cover the cost of payroll for a secretary . Carried Unanimously • Approval of Minutes • April 16, 1997 Public Hearing Minutes - Angelheart Designs and Regular Meeting Minutes A motion was made by Nancy Weitzel and seconded by Bill Farrell to approve the April 16 , 1997 Public Hearing and Meeting Minutes as published . Carried Unanimously April 23 , 1997 Planning Board Public Hearing Minutes- Community Center A motion was made by Linda Hansen and seconded by Gerry Catlin to approve the Planning Board Minutes of April 23 , 1997 as published . Carried Unanimously A ' ' 9 9 Planning Board Minutes June 18, 1997 April 23 , 1997 Planning Board Meeting Minutes A motion was made by Nancy Weitzel and seconded by Gerry Catlin to approve the April 23 , 1997 Planning Board Meeting Minutes as published . Carried Unanimously Corrections to May 14, 1997 Planning Board Minutes A motion was made by Nancy Weitzel and seconded by Mary Lou Hardesty to approve the April 30, 1997 as corrected . 1 ) Page 3 - under Special Permit Discussion - Linda Hansen delete the word "tom" replace with 1' to 2) Page 3 - under Special Permit Discussion - add the word " said" after Mary Lou 3 ) Page 3 - last line - delete the word " loose" replace with " lose" ; III 4) Page 5 - under Linda Hansen add the word "Board" after Planning and insert the word "district" after school . May 14 , 1997 Planning Board Minutes : A motion was made by Arch Dotson and seconded by Gerry Catlin to approve the May 14 , 1997 Planning Board Minutes as corrected . Carried Unanimously SKE Masonry Services - Sketch Plan Review Scott Engelhart has submitted a Sketch Plan for Planning Board review for the Old Town Barns property located at 15 Bald Hill Road (formerly 13 Bald Hill Road) . Susan Beeners reported that a purchase offer for the property has been signed and a zoning change requested . She has requested more detail be added to the sketch plan . The Board reviewed the Sketch Plan for SKE Masonry Services . Public Hearing Date Scheduled for SKE Masonry Services The Board will schedule a public hearing to be held on Wednesday, July 16 , 1997 at 7 : 15 P . M . for the SKE Masonry Servises if all the materials have been received by the Town by June 30, 1997 . The regular meeting of the Planning Board will follow the public hearing . Adjournment On a motion the meeting adjourned at 10 : 45 P . M . dadel) Carol W . Sczepa Secretary . • , , . .. I. .,. TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - WILDES 7 : 15 P.M. - JUNE 18 , 1997 PRESENT : Chairperson Kenneth Horst Planning Board Members : Gerald Catlin, Arch Dotson, William Farrell , Linda Hansen, Mary Lou Hardesty, Nancy Weitzel Others Present : Carol W. Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Josefina Griffin, Esther Dotson, Jane Burnham, Robert & Naomi Strichartz, John R. Henderson, Margaret Shepard, Helen Staller-Engelhart, Howard Steiner, Liz Norton, Patrick Gella, Robert & Faith Chase, Linda Loomis Public Hearing Declared Open : Chairperson Kenneth Horst declared the public hearing open at 7 : 22 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, June 18 , 1997 at 7 : 15 P . M . , Danby Town Hall , 1830 Danby Road , Ithaca, New York, 14850 . Purpose of the hearing is to consider a request for a Special Permit for the proposed construction of a second dwelling on a lot, located at 512 Beech Hill Road , Town of Danby Tax Parcel No . 26 . - 1 - 12 . 12 , Cisela Wildes , 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 Dated : June 10 , 1997 Carol W . Sczepanski , Town Clerk Published : June 12 , 1997 Affidavit of Neighbor Notification filed June 10 , 1997 Code Enforcement Officer, Susan Beeners addressed the Board and Public and reported that a detached dwelling on a property requires a Special Permit. The property is approximately 40 acres in a secluded location . A Health Department Permit has been obtained . Jane Bernham - reported that the second dwelling is to be used as a temporary residence on . k' 2 Planning Board Minutes Public Hearing Minutes Wildes - June 18 , 1997 weekends through the summer months . No public in attendance addressed the Board . Public Hearing Declared Closed : Chairperson Horst declared the Public Hearing Closed at 7 : 27 P . M . W CLi Carol W . Sc ski, Secretary phm-wildes . 97 1 1 Planning Board Minutes June 18, 1997 TOWN OF DANBY PLANNING BOARD MINUTES Regular Meeting 7 : 30 P. M. June 18 , 1997 PRESENT : Chairperson Kenneth Horst Planning Board Members : Gerald Catlin, Arch Dotson, William Farrell , Linda Hansen, Mary Lou Hardesty, Nancy Weitzel Others Present: Carol W . Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Josefina Griffin, Esther Dotson, Jane Burnham, Robert & Naomi Strichartz, John R. Henderson, Margaret Shepard, Helen Staller-Engelhart, Howard Steiner, Liz Norton, Patrick Gella, Robert & Faith Chase, Linda Loomis Chairperson Kenneth Horst called the meeting to order at 7 : 28 P . M . and said that this is a regular Planning Board Meeting, is open to the public and is not a public hearing . Privilege of the Floor: Margaret Shepard - 441 Comfort Road addressed the Board and said that she is representing Fred Soyring (a neighbor) and that he asked her to convey to the Board that he is concerned about the proposed development across the road from him and the serious impact it would have on him and the fact that this is agricultural land. She also reported on goals of the Ithaca City School District for the Danby School . Josefina Griffin - submitted a letter from The Oakmont Corporation, addressed to Donna Collins regarding the Danby Community Center process and funds necessary to proceed with their project . A list of grant applications was submitted to the Board that have been submitted for community center funds . RESOLUTION NO 4 of 1997 - Approved REQUEST FOR SPECIAL PERMIT - CISELA WILDES , BEECH HILL ROAD By Nancy Weitzel : Seconded by Mary Lou Hardesty WHEREAS, Cisela Wildes has requested a Special Permit for the proposed construction of a second dwelling on a lot, located at 512 Beech Hill Road, Town of Danby Tax Parcel No . 26 . - 1 - 12 . 12 , and WHEREAS , this is a Type II action for which no further environmental review is required , and WHEREAS , the Planning Board at and following public hearing on June 18 , 1997 has reviewed the application materials for the proposal , : now, therefore , it is 2 Planning Board Minutes June 18, 1997 RESOLVED , that the Planning Board hereby grants a Special Permit and General and Final Site Plan Approval to Cisela Wildes for the proposed construction of a second dwelling on a lot, located at 512 Beech Hill road, Town of Danby Tax Parcel No . 26 . - 1 - 12 . 12 . A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Carried Unanimously Consideration of Special Permit - Community Center Proposal Chairperson Horst reviewed with the Board what has transpired since the beginning of this issue relative to the Community Center. 1 ) April 23 , 1997 Public Hearing - Chairperson Horst reviewed with the Board information received at the April 23 , 1997 public hearing from the public in person, letters, petitions , and other materials received regarding concerns of impacts that this project may have on the neighborhood . He reported that he was impressed with the interest of the public and expressed his appreciation. 2) April 30 , 1997 Special Planning Board Meeting - The Planning Board passed a resolution that adjourns further consideration until May 14 , 1997 pending the following information : 1 ) preliminary approval of the preliminary site plan by the Tompkins County Highway Department; 2 ) preliminary approval of the preliminary site plan by the Ithaca City Schools Transportation Department relative to access to school busses ; 3 ) preliminary approval of the preliminary site plan by a professional arborist and a provision of a general management plan for conservation of existing Oak tree during and following construction. 3 ) May 14 , 1997 Public Hearing and meeting of the Board the three (3 ) issues expressed at the April 30 , 1997 were addressed and there was a modification of the site plan . A number of comments were similar to the first hearing . After lengthy discussion on the proposal the Board passed a resolution to postpone consideration of the SEQR Determination and Application for Special Permit until June 18 , 1997 . The resolution requested that in the interim a representative group of Community Council, Building Committee, Planning Board and Town Board meet with the Ithaca City School District to see if the Danby School was an alternative to consider and that a response be received in writing from the Ithaca City School Superintendent . 3 Planning Board Minutes June 18, 1997 4) Ithaca City School District Superintendent met with the Planning Board at the Danby School . 5 ) The Ithaca City School District and members of the Planning Board met with the Community Council on May 28 , 1997 as an informational meeting . 6) Response was received relative to a letter to the Ithaca City School Superintendent from Josefina Griffin and addresses many of the questions that have been raised at public hearings regarding the use of the Danby School for a Danby Community Center. Arch Dotson reported that he was commissioned by the Planning Board after repeated requests that we obtain facts about the use of the Danby School from the Ithaca City School Superintendent . Judith Pastel and Dave Willower met with Members of the Planning Board, Town Board and Josefina Griffin. He said that he thinks that the present estimate of the project is not carefully planned and the location is not in the Town ' s center. He suggested that the letters from the School District and other correspondence received regarding this project addressed to the Planning Board be made available to everybody who wishes to review them . Nancy Weitzel commented on a communication from Margaret Shepard to Arch Dotson regarding homes for sale in Danby that Margaret thinks should be considered as possible sites for a community center. Nancy said that she does not agree with purchasing a home to convert to a community center a feasible idea. The cost to renovate a home for a community center is as much as it is to build a new building. Bill Farrell said that he agrees with Nancy if you buy a building and bring it up to code that the cost would be much as a new structure and you would still have a house . Gerry Catlin said that even after bringing a house up to code you would still have just a house . Susan Beeners said that from a code standpoint that she would agree that it would be very difficult to bring a house up to code for a community center. Converting a house into a facility for a day care and community use would be dealing with a different set of codes and occupancy standards . Mary Lou Hardesty said that she agrees with Nancy and Bill . That to buy a building that is already being used for a home and then trying to convert it into a community center is not feasible . She considers it as being in the same situation as we are now that is only adequate (not even adequate) for a day care center for pre-school programs . Linda Hansen said that she favors buying the existing property as it would be equity to help obtain financing but does not think that there is anything available locally that she could view as adequate for a community center. Arch Dotson said to get a response from the School District regarding the possible purchase of land on the Danby School Site might take as long as six months . 4 Planning Board Minutes June 18, 1997 Nancy Weitzel said that she thinks the reason that there is 21 -25 acres at the Danby School had something to do with the soil and the drainage for the septic and water system for the school . The Board discussed the following concerns related to the site proposed for a community center : 1 ) the location of the proposed site and that it was not in the center of Town; 2 ) possible increased traffic and the need for a speed zone ; 3 ) septic and drainage for a small lot; 4) should the Town seek property to purchase at the Danby School site? Mary Lou asked where there would be an ideal location for a community center. Arch said we already have that idea as closer to the center of the community that is closer to the Town Hall and the Church. If the school were available it would be the ideal site . Liz Norton addressed the Board and said she did not know why they were discussing the use of the Danby School as she thought that idea was a dead dog. She does not know what to say about the school that has not already been said . Ken Horst said that as far as the Planning Board was concerned that nothing was a dead dog at this point. We have to consider all the options that pertain to the Special Permit request. Mary Lou said that she was interested in the impact on the Community Council related to their programs and insurance if it were possible to move into the Danby School . Liz said that funding for programs would be difficult as there would not be anything permanent. They have not heard anything back from their grant proposals . She presented a list to the Board of grant applications that have been submitted and some that they or are going to submit application for. She said that there are also proposed budgets for consideration in the event that they were not able to raise the necessary funding to build the community center. They must raise half of the funds necessary before they can start construction. Community Council can probably negotiate a lease to continue at their present site but there is not room for a summer program for this year . Motion to Approve the Community Center Site on Comfort Road : By Mary Lou Hardesty and seconded by Nancy Weitzel to approve the Community Center Site on Comfort Road so that the Community Council can submit grant applications to obtain funding for a community building and if a more appropriate site is obtained the funds and grants for the project be transferred as funds and grant awards can be transferred to include the new location . Discussion : 5 Planning Board Minutes June 18, 1997 Mary Lou said that ownership of the property would enable them to submit the grant applications . Bill Farrell said that after the property has been purchased there would be equity that could be used for obtaining funds from a bank. Linda Hansen said that in looking at the scenario of the proposed budget she thinks the funding requests are connected to only day care . Liz Norton explained that the contract with the Town for funding is on an annual basis and budgets must be submitted each year for the Town budget process . Arch Dotson said that he would like to consider an amendment to the motion that we should suspend approval until there is enough of the plan in shape to see how it fits into it the comprehensive plan that we are working on. Lets use the best knowledge and experience as we have benefit of the County Planning Circuit Rider. Nancy Weitzel said that the Board could be as long as three years working on the comprehensive plan. Mary Lou said she would accept a modification to her motion if the Board approves the site plan on Comfort Road, the Planning Board completes the comprehensive plan and works on finding another site for the community center. But, if Community Council comes before this Board and has obtained funding for construction of the project, and another site has not been found that they can proceed on the Comfort Road site . She said she did not like the word suspend. Mary Lou withdrew her motion SEQR Determination Discussion Susan Beeners said that before the Board considers to approve or not approve the Special Permit they must make a SEQR Determination for the proposed site for the community center. She said that she does not see where she would want to make any changes to the SEQR Review and would still recommend an Negative Determination . Chairperson Horst said that the Board needs to approve a SEQR Determination. At the meeting of May 14 , 1997 the Board postponed further consideration of the SEQR Determination and Special Permit until the issue of use of the Danby School is resolved . Mary Lou Hardesty said that all of the issues that were in question have been addressed . Everything that we have asked Community Council to do has been done . Other site locations and other buildings that are available have been checked . A preservation plan for Oak tree was done and access to the building and the driveway modifications have been made within reason and she thinks this site plan should be approved as we cannot keep asking them to do more for a Special Permit . 6 Planning Board Minutes June 18, 1997 Bill Farrell said that we should either approve of the site of disapprove it . Arch Dotson said that he thinks a metal building would be a blight on the land and land use. The long range consequences would not be have been adequately considered . The minor issues have been considered but not the key issue of location. Linda Hansen said that she does not think that any member of the Board is real happy with the location of the site but are happy with the idea of the center and the community pulling together. She thinks that it is the Board ' s mission to make the best judgement for the community and does not feel good about this project on the proposed site . Nancy Weitzel said that there is no one that has come forward with a better site . It is not that they have not been looking for a number of years . Chairperson Horst said he is not sure that the concerns of impact for a house across the street is a reason to turn down the SEQR Determination as it seems a little harsh but is not sure based on what he has heard that he could say to grant a special permit. Ken suggested that a task force be developed that consists of members of the Planning Board , Town Board, Community Center and public to take a good look at alternative sites. When he reviewed all the material he has received he found that from all the letters and comments he would guess that ninety per cent (90%) of them were not against the community center but comments raising questions about the site . (Two petitions have been submitted to the Planning Board : 1 ) approving of the community center site on April 30 , 1997 ; and 2) a petition on May 14, 1997 against the site for a day care center. Some of the signers names appeared on both petitions . ) Nancy Weitzel said that many members of the public do not understand the difference in the programs Community Council offers and the pre-school and after school programs . They assume that Community Council provides only what is refered to as a day care center. The day care generates revenue for operation . Liz Norton said that Community Council really needs to develop drawings for the site and it is a big investment of approximately $4 , 000 . 00 . They are ready to do that but they need a site . Nancy Weitzel asked if it was the Planning Boards business to find the site . Arch Dotson said it was the position of the Planning Board to help them find a site . Chairperson Horst said that there is still a great deal of indecisiveness on the Board about this project . William Farrell said that he thinks that we are holding up the Community Council by not making a decision . Either we must turn it down or approve it . They have come before us three or four times 7 Planning Board Minutes June 18, 1997 and we keep adding more requests and thinking of things they should do . No one has come up with an alternative site . RESOLUTION NO. 5 of 1997 SEQR DETERMINATION - PROPOSED DANBY COMMUNITY CENTER - Approved By Mary Lou Hardesty : Seconded by Gerald Catlin WHEREAS, the Danby Community Council has requested a Special Permit for a proposed Danby Community Center, proposed to be located on a 2 . 8 +/- acre portion of Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 on the east side of Comfort Road, north of Miller Road West; and WHEREAS, this is a Type I Action for which the Town of Danby Planning Board is legislatively determined to act as Lead Agency in environmental review ; and WHEREAS, the Tompkins County Department of Planning and the Tompkins County Division of Environmental Health are involved agencies which have been notified of this action ; and WHEREAS , the Town of Danby Planning Board, at and following Public Hearing on the request on May 14, 1997 has reviewed the proposed site plan, environmental assessment form , and other materials submitted with the application, including the recommendation of the Code Enforcement Officer that a negative determination of 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 Type I action, make and hereby does make a negative determination of environmental significance . A roll call vote on the resolution resulted as follows : Dotson Nay Catlin Aye Farrell Aye Hansen Aye Hardesty Aye° Weitzel Aye Horst Nay Carried COMMUNITY CENTER SPECIAL PERMIT CONSIDERATION A draft resolution to approve a Special Permit for the Proposed Danby Community Center proposed to be located on Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 . Chairperson Horst asked the Board if they were prepared to make a resolution relative to approval or disapproval of this Special Permit request . 8 Planning Board Minutes June 18, 1997 Discussion : Chairperson Horst said that the Building Committee is arranging with legal council provisions for a nominal fee for purchase of the property. Gerald Catlin said that he would like to see a stipulation in the resolution that if a more suitable site were found before development of the Comfort Road site that the new site be obtained . He thinks that a task force should be set up to seek alternative sites . William Farrell said that he would like to see Community Council secure financing before construction is started . If a more suitable site is located they should pursue the better site . Arch Dotson said that a draft should be drawn up that supports the provision that the building committee continue to seek an alternative more suitable site . He said that he would move that the permit be conditional upon the demonstration of progress in the search for a better location . This would allow the Planning Board time to appoint a task force . Mary Lou Hardesty said that she thinks that placing a condition of the permit could be a problem . When application is made for obtaining grants for a building facility you need to have a map and a sketch plan drawn according to a particular site . Arch Dotson said that a provision in the resolution for seeking a more suitable site means mainly that the permit be approved subject to certain conditions . The purpose is that if we find something better (if we can) and if we can agree about another site, we have expressed our intention at this point to follow it. Bill Farrell said we should pass this resolution and leave the rest up to the good will of the people . Arch Dotson said that the task force would be the body that would try to find alternatives to help secure an alternative site and suggested that the Chair designate the task force . The time frame to be considered would be through November 30, 1997 . Arch suggested that the conditions for the Special Permit be that a task force be developed to consider alternative sites through November 30, 1997 and that within this period if no other site is approved then the contingency be removed. RESOLUTION NO . 6 of 1997. PROPOSED DANBY COMMUNITY CENTER By Arch Dotson : Seconded by Gerald Catlin WHEREAS , the Danby Community Council has requested a Special Permit for a proposed Danby Community Center, proposed to be located on a 2 . 8 +\- acre portion of Town of Danby Tax Parcel No . 8 . - 1 - 12 . 12 on the east side of Comfort Road, north of Miller Road West; and 9 Planning Board Minutes June 18, 1997 WHEREAS , the Town of Danby Planning Board, at and following Public Hearing on the request on May 14 , 1997 has reviewed the proposed site plan, entitled " Site Plan, Proposed Danby Community Center, Danby Community Council", dated May 6, 1997 , the environmental assessment form, and other materials submitted as part of the application, and on June 18 , 1997 has reviewed the above titled site plan revised June 12, 1997 with technical revisions related to well and septic field location; and WHEREAS , this is a Type I Action for which the Planning Board, acting as Lead Agency in environmental review, on June 18 , 1997 made a negative determination of environmental significance ; and WHEREAS, the Town of Danby Planning Board has duly considered the General Considerations for Site Plans and for Special Permits provided in Sections 805 and 901 of the Danby Zoning Ordinance ; now, therefore, it is RESOLVED , that the Town of Danby Planning Board grants a Special Permit for the Danby Community Center as proposed, and, further, grants general and final site plan approval for the site plan entitled " Site Plan, Proposed Danby Community Center, Danby Community Council", dated May 6 , 1997 , revised June 12 , 1997 ; and, be it further RESOLVED, that the Special Permit for the Danby Community Center be approved with the contingency that a task force be developed to consider alternative sites through November 30 , 1997 and within that period they are to consider alternative sites, and further RESOLVED , that if no other site is approved by the Planning Board then the contingency is removed . Discussion A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously Final Site Plan Approval - Angelheart Designs A final Site Plan for Angelheart Designs, Inc . Proposed Design Studio and Fabric Shed has been submitted for Planning Board consideration. The Town Board has approved the zoning change and the Town has submitted Local Law No . 1 of 1997 to New York State for filing. This request is for 10 Planning Board Minutes June 18, 1997 final site plan approval of the design studio which was part of the zoning change and then the addition of a fabric shed next to the existing fabric shed . The fabric shed is an addition to the previous site plan . A representative from Angelheart Designs, Inc . described the plans to the Board. RESOLUTION NO . 7 OF 1997 ANGELHEART DESIGNS , INC . - PROPOSED DESIGN STUDIO AND FABRIC SHED - Approved By Nancy Weitzel : Seconded by William Farrell WHEREAS, Matthew and Jeanne Engelhart, Angelheart Designs, Inc . , have requested Final Site Plan Approval for the proposed construction of a 2,000 +/- square-foot design studio, and a 960 +/- squaare-foot fabric shed at 303 Gunderman Road, Town of Danby Tax Parcel No . 9 . - 1 -9 . 12 ; and WHEREAS , the Town of Danby Town Board on June 9, 1997 enacted a Local Law and approved a General Site Plan related to the uses and boundaries of Planned Development 10 at which the involved site is a part; and WHEREAS , the Planning Board has reviewed the current request for final site plan approval , including the map entitled "Revised Site Plan of Planned Development Zone 10 showing proposed Modification to Boundaries and proposed Design Studio, further revised through June 13 , 1997 to show the proposed fabric shed; and WHEREAS , the proposed design studio and proposed fabric shed are is Type II actions requiring no further environmental review; now, therefore, it is RESOLVED , that the Town of Danby Planning Board grants final site plan approval for the proposed construction of a 2,000 +/- square-foot design studio, and a 960 +/- square-foot fabric shed at 303 Gunderman Road , Town of Danby Tax parcel No . 9 . - 1 -9 . 12 . A roll call vote on the resolution resulted as follows : Catlin Aye Dotson Aye Farrell Aye Hansen Aye Hardesty Aye Weitzel Aye Horst Aye Carried Unanimously Other Business Carol Sczepanski reported that due to all the extra work required for the Planning Board related to public hearing neighbor notification and the prepartion of materials for public hearings it may require 1 I Planning Board Minutes June 18, 1997 a transfer of funds from contractural account to the payroll account. If the responsibility for public hearing notice for neighbor notification of the Planning Board and Board of Zoning Appeals public hearings is to be done by the secretary it will require additional monies to pay for office staff as funding for this is not included in the Town Clerk ' s budget. . The duties as secretary to these boards is performed on and independent basis and not part of the Town Clerk' s duties and responsibilities . Secretary to the boards was budgeted and approved for a person to take the minutes of meetings and transcription of the minutes. She asked permission of the Board to request the Town Board to transfer funds from the General Fund Account No . A8020 .4 to A8020 . 1 payroll account to cover the expense to pay for a secretary. A motion was made by Arch Dotson and seconded by Nancy Weitzel to request the transfer of funds necessary from the General fund Account No . A8020 . 4 to A8020 . 1 to cover the cost of payroll for a secretary. Carried Unanimously Approval of Minutes April 16, 1997 Public Hearing Minutes- Angelheart Designs and Regular Meeting Minutes A motion was made by Nancy Weitzel and seconded by Bill Farrell to approve the April 16, 1997 Public Hearing and Meeting Minutes as published . Carried Unanimously April 23 , 1997 Planning Board Public Hearing Minutes- Community Center A motion was made by Linda Hansen and seconded by Gerry Catlin to approve the Planning Board Minutes of April 23 , 1997 as published. Carried Unanimously April 23 , 1997 Planning Board Meeting Minutes A motion was made by Nancy Weitzel and seconded by Gerry Catlin to approve the April 23 , 1997 Planning Board Meeting Minutes as published . Carried Unanimously Corrections to May 14 , 1997 Planning Board Minutes A motion was made by Nancy Weitzel and seconded by Mary Lou Hardesty to approve the April 30, 1997 as corrected . 1 ) Page 3 - under Special Permit Discussion - Linda Hansen delete the word "tom" replace with to ; 2) Page 3 - under Special Permit Discussion - add the word " said" after Mary Lou 3 ) Page 3 - last line - delete the word "loose" replace with " lose" ; 4 ) Page 5 - under Linda Hansen add the word " Board" after Planning and insert the word "district" after school . May 14 , 1997 Planning Board Minutes : A motion was made by Arch Dotson and seconded by Gerry Catlin to approve the May 14 , 1997 t 12 Planning Board Minutes June 181 1997 Planning Board Minutes as corrected . Carried Unanimously SKE Masonry Services - Sketch Plan Review Scott Engelhart has submitted a Sketch Plan for Planning Board review for the Old Town Barns property located at 15 Bald Hill Road (formerly 13 Bald Hill Road) . Susan Beeners reported that a purchase offer for the property has been signed and a zoning change requested . She has requested more detail be added to the sketch plan. The Board reviewed the Sketch Plan for SKE Masonry Services . Public Hearing Date Scheduled for SKE Masonry Services The Board will schedule a public hearing to be held on Wednesday , July 16 , 1997 at 7 : 15 P . M . for the SKE Masonry Servises if all the materials have been received by the Town by June 30 , 1997 . The regular meeting of the Planning Board will follow the public hearing . Adjournment On a motion the meeting adjourned at 10 : 45 P . M . dttled A- Carol . A Isanski, Secretary if