HomeMy WebLinkAbout1997-07-14 7 2 2
1 Town Board Minutes
July 14, 1997
TOWN OF DANBY
TOWN BOARD MINUTES
Regular Meeting 7 : 30 P.M. July 14, 1997
PRESENT :
Supervisor Mary Oltz
Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner
Others Present:
Carol W. Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
County Representative - Frank Proto
Highway Superintendent - William Hall
Members of the Public :
Sue Howe, Jan Cottrell , Roy Casterline, John Henderson, Margaret Shepard, Pat Woodworth,
Charles Tilton, Faith O . Chase, Liz Norton, Naomi and Robert Strichartz, Anne Lee, Linda Loomis ,
Dawn C . Parks, Linda Howe , Margie and John VanDeMark, Helen Staller Engelhart, Ken Horst,
Debbie Benson, Sarah Hollyday, Judith S . Lehman, Jim Houghton, Joel Gagnon, Gay and Gary
Huddle, Susan Cobb, Donna Mosher, Dan Klein, Verna Little, Barbara Mosher, Esther and Arch
Dotson, Elizabeth and Robert Roe and others .
Supervisor Mary Oltz called the meeting to order and led all present to the Pledge of Allegiance to
the American flag. She welcomed the public to the new temporary quarters of the Town of Danby
Municipal Offices and thanked all the staff and residents who volunteered their time in helping us
move into this building.
Supervisor Oltz reported on the following :
Comfort Road Bridge - Information Meeting Scheduled
There will be a meeting here at the Danby School Building on Monday, July 21 , 1997 at 7 : 00
P .M . with members of the Tompkins County Board of Representatives on the replacement
of the bridge on Comfort Road Bridge .
1) Town Hall Renovation/Addition Project
The Town Board rejected all bids received on June 25 , 1997 at 2 : 00 P . M. for the Town Hall
Renovation/Addition Project as they were over amount approved for the project. The project
will be rebid. Notice to Bidders was published in the Ithaca Journal on July 12 , 1997 and the
bid opening is scheduled for 2 : 00 P .M . on July 28 , 1997, 54A Gunderman Road, Ithaca, New
York
ADDITIONS TO AGENDA :
Supervisor Oltz requested the addition of the following resolutions under new business :
1 ) A resolution concerning the Appeal of Community Council
2) A resolution concerning the New York Planning Federation Grant Proposal
Councilperson Steiner requested an item concerning the Planning Board structure .
No Board Member objected .
PRIVILEGE OF THE FLOOR:
Supervisor Oltz reported that she has received a call from Assemblyman Luster' s office that member
funds may be available to municipalities . She has requested an application and plans to apply for
funds to cover the cost of a heating system for our Town Hall Project .
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July 14, 1997
Scott Hoffay - Fieldstone Circle - reported that the roads in Fieldstone Circle will be completed by
the end of this week . A new home will be ready for a Certificate of Occupancy at this time . He
asked the Town Board to consider authorization for the the Code Enforcement Officer to issue a
Certificate of Occupancy on a new home prior to August 1 , 1997 and prior to the final completion
and conveyance of the roads .
Discussion :
Supervisor Oltz said that approval for a Certificate of Occupancy would be contingent on approval
from the Highway Superintendent and the NYS DoT .
Susan Beeners said that she would recommend that the Town Board authorize the Code Enforcement
Officer to issue a Certificate of Occupancy provided that the progress on the road completion and
conveyance meets the satisfaction of the Town Supervisor, Town Highway Superintendent and Town
Attorney.
Jim Houghton - 1560 Coddington Road - reported he is concerned with a problem of large holes
and rough road in the County right-of-way at the intersection of Coddington Road and East Miller
Road that needs to be paved.
County Representative Report:
County Representative Frank Proto reported on the following :
1 ) West End of Ithaca - there is concern that there is not a health facility on the West End of
Town and a committee is looking at the issue.
2) Sanitary Code - review is starting on the subdivision section of Article 6 of the NYS
Sanitary Code .
3 ) SARA- Grand monies may be available on new construction for the retention of permanent
records .
4) Youth Recreation Monies - a report indicates that $ 175 , 000 is needed to carry the Youth
at Risk programs maintain the existing programs and to carry them through the next school
year.
5) Bus Shelter - it was suggested that we pole the riders on the bus to determine where a bus
shelter should be placed for Danby users .
COMMUNITY DEVELOPMENT BLOCK GRANT AND ABBREVIATED
CONSOLIDATED PLAN
Karl Hect of Tompkins County Planning reported that Tompkins County Planning submitted a grant
for Small Cities Funding for the Town of Danby in 1996 and was not successful . At that time the
Tompkins County Planning Department agreed to assist the Town in re-submitting the application
for the 1997 . Two (2) public hearings must be held by the Town as part of the application process
and he asked the Town Board to authorize public hearing dates . Tompkins County will not charge
a fee to the Town of Danby for re-submitting the grant application for 1998 .
Rural New York State Planning Grant Program
Susan Beeners distributed a revised Rural New York State Planning Grant Application to the Board
to review. The grant request is for a Town Economic Development Project including business and
customer surveys, a community directory, and an economic analysis report to direct comprehensive
planning for economic development. She asked the Board to consider approval of the grant
application and to include the direct cost to the Town of $ 1 , 534 . 00 in the proposed 1998 Town
Budget for the proposed project.
Motion to Approve Rural New York State Planning Grant Program Application
A motion was made by Councilperson Steiner and seconded by Mary Lou Hardesty to authorize the
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July 14, 1997
Town Supervisor to sign the Rural New York State Planning Grant Program Application, dated July
14, 1997 and for the board to include $ 1 , 534 . 00 in the Proposed 1998 Town Budget for the direct
cost for the proposed Town Economic Development Project as described in the grant application.
A roll call vote on the motion resulted as follows :
Hardesty Aye I
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
COMMUNICATIONS :
1 ) Mary Lou Hardesty submitted a letter of resignation from the Town of Danby Planning Board
as she has been appointed as a Councilperson on the Town Board .
2) Letter from Tompkins County Department of Health advising the Town of the Lead
Prevention Network of County.
3 ) Municipal Officials Association - reminder of meeting - Tuesday, July 15 , 1997 , 7 : 30 P . M .
at Cooperative Extension.
4) Letter from Town of Ithaca Supervisor advising the Town of the traffic pattern change on
Spencer Road in the City of Ithaca.
REPORTS :
Tompkins County EMC Committee
Robert Roe reported that at the July 9, 1997 EMC General Meeting the Cornell incinerator project j
was discussed. Cornell University has agreed to consider alternative technologies for the incinerator i
and to allow public input into the project. The report on the lake source cooling project has been
completed and is available in the public libraries, Cornell Library and the City of Ithaca. The
document is over 1500 pages and he is not sure if it is the revised edition. There is a public hearing
on the lake source cooling project on August 6, 1997 from 6 :00 P .M . to 11 : 00 P .M . at the Boynton
Middle School Cafeteria. He strongly urged the Town to recommend the appointment of a a person
to serve The Flood Mitigation Oversight Committee to act as a liaison .
Senior Citizen ' s Report - Charles Cole reported that the Danby Senior Citizen ' s appointed new
officers :
President - Edw. M. Roberts
Secretary - Nancy Weitzel
Vice President - Dawn Visnyei
Code Enforcement Office Report - June 1997 Received
SPCA - May 1997 Report Received
Highway Department Report :
Highway Superintendent requested the Board to consider of a resolution requesting a reduced r ;
speed limit on certain County Roads located in the Town of Danby. He reported that the speed limit
is 55 miles per hour on unposted roads . r
NEW BUSINESS :
RESOLUTION NO . 48 OF 1997
REQUEST TO TOMPKINS COUNTY TO REDUCE SPEED LIMITS ON CERTAIN
COUNTY ROADS LOCATED IN THE TOWN OF DANBY AND PLACEMENT OF A 3-
WAY STOP SIGN
By Councilperson Schwartz : Seconded by Councilperson Inman
WHEREAS, the Town of Danby Town Board is concerned with the safety and welfare of residents
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July 14, 1997
in the Town, and
WHEREAS, the Town of Danby Highway Superintendent has recommended that the Board request
the reduction of the 55 mile per hour speed limit on certain County roads located in the Town of
Danby, now be it
RESOLVED, that the Town of Danby Town Board authorize the Highway Superintendent of the
Town of Danby to request Tompkins County Highway Department to reduce the unposted speed
limits of 55 miles per hour on certain County roads located in the Town of Danby and that the
following roads be be posted as follows :
1 ) Coddington Road - to continue the 45 MPH Speed Limit from the Town of Ithaca line to the
Town of Danby Town Line at Olsefski Road
2) Gunderman Road from NYS Route 96B to Comfort Road - 35 miles per hour.
3 ) Pond Road - 15 miles per hour.
4) Lieb Road from Comfort Road to Bald Hill Road - 45 miles per hour.
5 ) Nelson Road and Durfee Hill Road from NYS Route 96B to Howard Road 45 miles per
hour.
6) Comfort Road at 45 miles per hour
7) West Miller Road at 45 miles per hour,
and be it further
RESOLVED that a three way stop be placed at the intersection of Comfort Road and West Miller
Road.
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz . . Aye
Carried Unanimously
RESOLUTION NO. 49 OF 1997
PUBLIC HEARING DATES FOR TOWN OF DANBY SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT AND ABBREVIATED CONSOLIDATED PLAN
By Supervisor Oltz : Seconded by Councilperson Steiner
RESOLVED, that the Town of Danby Town Board authorize Public Hearing Dates for the Town
of Danby Small Cities Community Development Block Grant and Abbreviated Consolidated Plan
for Monday, August 11 , 1997 at 7 : 00 P.M. and September 8, at 7 : 00 P . M . at Town of Danby Town
Offices, Danby School Building, 54A Gunderman Road, Ithaca, New York preceding the Regular
Town Board Meetings .
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
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July 14, 1997
Planning Board Structure Appointment Postponed
Supervisor Oltz reported that the Planning Board structure and appointment will be postponed until
the August 11 , 1997 meeting of the Town Board .
Danby Community Council By-Laws
Councilperson Hardesty reported that the Danby Community Council has adopted new by-laws . The
Town Board is provided the opportunity to appoint two (2) members to the Community Council and
presented the following resolution : ! `:
RESOLUTION NO . 50 OF 1997
APPOINTMENTS TO DANBY COMMUNITY COUNCIL BOARD OF DIRECTORS
By Councilperson Hardesty : Seconded by Supervisor Oltz
WHEREAS, Danby Community Council By-laws provide the Town Board of the Town of Danby
to appoint two (2) members to the Community Council Board of Directors , and
WHEREAS, Sue Howe and Susan Cobb have indicated that they would be willing to serve on the
Danby Community Council Board of Directors, now, therefore be it
RESOLVED, that the Town of Danby Town Board do hereby appoint Sue Howe and Susan Cobb
to the Danby Community Council Board of Directors for a term that is to begin immediately and to
expire on December December 31 , 1997 .
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
NORTH EAST HOMES - FIELDSTONE CIRCLE SUBDIVISION
Councilperson Schwartz reported that Scott Hoffay has submitted a request to the Town for a
Certificate of Occupancy prior to August 1 , 1997 for Building Permit # 1700 and introduced the
following resolution :
RESOLUTION NO. 51 OF 1997
AUTHORIZATION FOR CERTIFICATE OF OCCUPANCY - FIELDSTONE CIRCLE
By Councilperson Schwartz : Seconded by Supervisor Oltz
WHEREAS, Scott Hoffay, agent for North East Homes and for Fieldstone Circle Subdivision has
requested that a Certificate of Occupancy for the house under construction under Building Permit
# 1700, at 130 Fieldstone Circle, be issued prior to August 1 , 1997 and prior to final completion and
conveyance of the roads and associated improvements in Fieldstone Circle Subdivision, and
WHEREAS, Mr. Hoffay has reported that road and drainage work at Fieldstone Circle Subdivision
under the supervision of the New York State Department of Transportation is expected to be
completed on July 18 , 1997 and that said Department is satisfied with the progress of that work; and
that final road completion and conveyance is expected to occur by August 15 , 1997 ; now, therefore,
it is
RESOLVED,that the Town Board of the Town of Danby authorizes the Code Enforcement Officer
of the Town of Danby to issue a Certificate of Occupancy for the house under construction under
Building Permit # 1700, provided that the progress of work related to final completion and
conveyance of the roads and public improvements in Fieldstone Circle Subdivision meets the
satisfaction of the Town Supervisor, Town Highway Superintendent, Code Enforcement Officer, and
Town Attorney, and be it further
RESOLVED, that a copy of this resolution be sent to the home owners at 130 Fieldstone Circle and
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July 14, 1997
a copy of Resolution No . 38 of 1997 .
Discussion :
Councilperson Steiner said that the owner at 130 Fieldstone Circle should be notified that the roads
in Fieldstone Circle are not Town of Danby roads at this time. The Code Enforcement Officer was
instructed to send a copy of Resolution No . 38 of 1997 and Resolution No . 51 of 1997 to the owner
of 130 Fieldstone Circle .
Councilperson Schwartz said that the new resident of 130 Fieldstone Circle is aware of the situation
with drainage and the roads in Fieldstone Circle Subdivision .
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
APPEAL OF COMMUNITY COUNCIL REQUESTING MODIFICATION OF PLANNING
BOARD RESOLUTION NO. 6 OF 1997
Comments from the Town Board
Councilperson Steiner said that the Town Board is looking at overturning a Planning Board decision
and that the Danby Zoning Ordinance allows for that provision in certain situations. The Planning
Board Resolution No . 6 specifically states that a task force was to be developed but he has not been
informed of who the members of the task force are . Some of the comments from the public at the
public hearing were about issues that needed to be addressed and were discussed at the Planning
Board. There was a contingency placed on the Special Permit that was granted for the Danby
Community Center by Planning Board . Community Council has appealed to the Town Board and
requested that the Town Board consider modification of the contingency in the Planning Board
Resolution No . 6 of 1997 for the Proposed Community Center. The contingency basically validates
the approval of the Special Permit until November 30, 1997 .
Councilperson Schwartz said that he understands that the Planning Board was in a very
uncomfortable situation and everyone wants a community center. There are residents in the
neighborhood of where the community center is proposed to be located who are worried about
development in their area and would like other sites to be researched. Granting of a permit is the
exception rather than the rule and placing contingencies on a permit for something that is not
contiguous with the neighborhood is routine . He said that caution is merited in this case .
Liz Roe a resident and past Board of Zoning Appeals member addressed the Board and said that
given the situation is that you have a specific site that is brought to the Planning Board to be
approved or disapproved . You cannot make contingencies that are related to other sites . The
contingency that was placed on the special permit is not related to the proposed site but it is related
to other sites. You can make contingencies that have to do with passing certain technical standards
but there is nothing in there that says anything about the neighborhood .
Arch Dotson, member of the Planning Board said that the appeal of Community Council was
anticipated. He cited the section of the Danby Zoning Ordinance that relates to appeals of Planning
Board decisions and explained why there were conditions placed on the requirements for the granting
of the special permit. .
RESOLUTION NO 52 OF 1997
MODIFICATION OF THE CONTINGENCIES FOR THE DANBY COMMUNITY
COUNCIL SPECIAL PERMIT
By Councilperson Stiener: Seconded by Supervisor Oltz
, . . . .
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July 14 , 1997
WHEREAS, the Danby Community Council requested a Special Permit for a proposed Danby
Community Center, proposed to be located on a 2 . 9 +\- 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, acting as Lead Agency in environmental review,
on April 30 , 1997 , made a negative determination of environmental significance ; and
WHEREAS, the Town of Danby Planning Board, by resolution No . 6 of 1997 at its meeting of June
18 , 1997 , granted a Special Permit for the Community Center as proposed, but imposed a
contingency requiring that a task force be developed to consider alternative sites ; and
WHEREAS, the Danby Community Council has appealed the decision of the Planning Board to the
Town Board of the Town of Danby pursuant to Section 906 of the Town of Danby Zoning
Ordinance, and
WHEREAS, the Town Board has reviewed the proposed site plan, entitled " Site Plan, Proposed
Danby Community Center, Danby Community Council" dated May 6, 1997 , as revised, the
environmental assessment form, the resolutions of the Planning Board and other materials submitted
as part of the application to the Planning Board ; and
WHEREAS, the Town Board has held a public hearing on July 14, 1997 , to consider the appeal ; and
WHEREAS, the Town Board has heard the applicant in favor of modifying the Special Permit and
others interested in the proceeding and has duly considered such arguments,
NOW, THEREFORE, IT IS
RESOLVED, that this Board accepts and approves the finding of the Planning Board regarding the
environmental significance of the application determining that there will be no adverse
environmental impact as a result of the proposal ; and it is further
RESOLVED, that this Board finds that the decision of the Planning Board was not in accordance
with the requirements of the Town of Danby Zoning Ordinance, in that the decision placed an
improper condition on the granting of the Special Permit, namely, the condition requiring formation
of a task force and requiring consideration of alternative sites for the next six months before being
able to exercise the privileges of the Special Permit and then only being allowed to exercise the
permit if no other site was approved by the Planning Board, said condition being improper for,
among other reasons :
(a) The condition is inconsistent with the granting of a special Permit in that the decision
should have been no to either grant a Special Permit in which event there should have been
no further requirements relating to a review of alternative sites, or to deny the Special Permit
without prejudice pending review of alternative sites .
(b) The contingency did not provide any structure or guidance as to who would constitute
the task force, what their charge would be , or what criteria they were to use in determining
whether other sites were more appropriate ; and it is further
RESOLVED, that this Board finds, pursuant to Section 906 , subdivision 6 , of the Town' s Zoning
Ordinance, that it is not necessary to reverse the Planning Board ' s decision but that it is possible that
with modifications the Planning Board ' s decision as modified will be in compliance with the
requirements of this Ordinance ; and it is further
RESOLVED, that accordingly the Planning Board' s decision granting the Special Permit is hereby
modified by deleting the last two paragraphs of the Planning Board resolution granting the Permit,
which last two paragraphs related to the requirement that a task force be utilized and indicated the
• contingency would not be removed unless no other site was approved by the Planning Board; and
it is further
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July 14, 1997
RESOLVED, that the Planning Board ' s decision granting the Special Permit, as modified above,
is hereby affirmed .
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Nay
Steiner Aye
Oltz Aye Carried
Councilperson Hardesty stated that she voted in the affirmative to get something moving and so that
the Planning Board could move on to other important items such as the comprehensive planning.
APPROVAL OF MINUTES :
Town Board June 9, 1997 Minutes - Approved
A motion was made by Councilperson Steiner and Seconded by Councilperson Schwartz to approve
the Town Board Minutes of June 9, 1997 as published .
A roll call vote on the motion resulted as follows :
Hardesty Abstained
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried
Town Board July 7, 1997 Minutes - Approved
A motion was made by Supervisor Oltz and seconded by Councilperson Inman to approve the Town
Board Minutes of July 7, 1997 as published .
A roll call vote on the motion resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Supervisor' s June 1997 Report - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Inman to approve
the Town Supervisor ' s June 1997 Report as submitted .
A roll call vote on the motion resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Town Clerk's June 1997 Report - Approved
A motion was made by Councilperson Schwartz and seconded by Supervisor Oltz to approve the
Town Clerk ' s June 1997 Report as submitted .
A roll call vote on the motion resulted as follows :
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9 Town Board Minutes
July 14, 1997
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
General Fund Warrant No. 7 of 1997 - Approved
A motion was made by Councilperson Schwartz and seconded by Councilperson Steiner to approve
the General Fund Warrant No . 7 of 1997 , voucher No ' s . 185 -212 in the amount of $ 9, 457 . 15 and
adjusted to $9,311 . 65 . ( Payment Voucher No . 208 in the amount of $ 145 . 50 was a duplication of
Voucher No . 194) .
A roll call vote on the motion resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Highway Fund Warrant No. 7 of 1997 - Approved
A motion was made by Councilperson Inman and seconded by Councilperson Schwartz to approve
the Highway Fund Warrant No . 7 of 1997 , voucher No ' s . 100 - 116 in the amount of $23 ,010 . 88 .
A roll call vote on the motion resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
West Danby Water District Fund Warrant No. 7 of 1997
A motion was made by Councilperson Steiner and seconded by Supervisor Oltz to approve the West
Danby Water District Fund Warrant No . 7 of 1997 , voucher No ' s . 32 - 26 in the amount of 778 . 84 .
A roll call vote on the motion resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Other Business :
Appointment to Board of Zoning Appeals
A motion was made by Councilperson Steiner and seconded by Councilperson Schwartz to appoint i
Charles Cole for a second five (5 ) year term to the Board of Zoning Appeals . The term of
appointment is to begin immediately and will expire on December 31 , 2002 .
A roll call vote on the motion resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
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July 14, 1997
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 20 P . M.
-Ad 62 1 0044444)
Carol W. Sczepansk7 own Clerk
min-7- 14 . 97
1 Town Board Minutes
Public Hearing - Community Council
July 14, 1997
TOWN OF DANBY
PUBLIC HEARING MINUTES
APPEAL OF COMMUNITY COUNCIL
JULY 14, 1997
PRESENT :
Supervisor Mary Oltz
Councilpersons : Mary Lou Hardesty, Edward Inman, Joseph Schwartz, Howard Steiner
Others Present:
Carol W . Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
County Representative - Frank Proto
Highway Superintendent - William Hall
Members of the Public :
Sue Howe, Jan Cottrell, Roy Casterline, John Henderson, Margaret Shepard, Pat Woodworth,
Charles Tilton, Faith O . Chase, Liz Norton, Naomi and Robert Strichartz, Anne Lee, Linda Loomis,
Dawn C . Parks, Linda Howe, Margie and John VanDeMark, Helen Staller Engelhart, Ken Horst,
Debbie Benson, Sarah Hollyday, Judith S . Lehman, Jim Houghton, Joel Gagnon, Gay and Gary
Huddle, Susan Cobb, Donna Mosher, Dan Klein, Verna Little, Barbara Mosher, Esther and Arch
Dotson, Elizabeth and Robert Roe and others.
Public Hearing Declared Open :
Supervisor Mary Oltz declared the public hearing open at 6 : 00 P.M. and 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 Monday, July 14, 1997, 6 : 00 P . M. at 54A Gunderman Road, Ithaca, New York
to hear the Appeal to the Town of Danby Town Board by Danby Community Council, requesting
that the Town Planning Board' s Resolution No . 6 of 1997, adopted on June 18 , 1997, be modified .
That Resolution granted a Special Permit for the Danby Community Center and granted general and
final site plan approval for said 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, with said Special Permit
approved with the contingency that a task force be developed to consider alternative sites through
November 30, 1997 and within that period to consider alternative sites, with the provision that if no
other site was approved by the Planning Board then that contingency would be removed. Danby
Community Council is requesting that the Town Board modify the Planning Board ' s decision by
removing said contingency. Josefina Griffin, President of Danby Community Council, agent for
applicant: Carl and Barbara Mosher, property owners.
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 : July 2 , 1997
Published : July 5 , 1997 "
Affidavit of neighbor notification filed July 3 , 1997 .
Written Comments Received for Public Hearing:
1 ) Anthony D . Ingram - 113 Nelson Road urging Town Board to support the Planning Board ' s
decision of June 18 , 1997 .
2) Judith S . Lehman - 226 Jennings Pond Road - urging Town Board to explore use of Danby
School Building.
3 ) Faith Chase - 106 Comfort Road - in support of Planning Board' s decision and
contingencies .
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Public Hearing - Community Council
July 14, 1997
4) Arch Dotson - 346 Updike road - urging Town Board to support the contingency attached
to the granting of a special permit for the Community Council project for a community
center.
5 ) Dawn Parks - 142 West Miller Road - questions should the business part of this be separated
from the community center building?
6) Willard T. Daetsch - 1344 Danby Road - urging the Board to pursue all alternative sites for
a community building .
7) Margaret B . Shepard - 441 Comfort Road - urging Town Board to support the Planning I
Board' s decision and to explore other locations and alternatives .
8) Petition containing 12 signatures - urging the Town Board to reject the appeal of Community
Council to remove the Planning Board ' s contingencies of Resolution No . 6 of 1997 .
Comments from the Public :
Susan Howe - 13 West Miller Road - member of Community Council and the community at large .
Community Council has asked to have the contingency removed . They are not opposed to the task
force that is to be developed or search for another site but are concerned that they could not come
up with a comparable site in regards to cost and suitability. Further concerns and questions with a
task force were :
1 ) no provisions were set in place for the approval of task force members ;
2) who decides what criteria deems a reasonable site ;
3 ) who pays for an alternate site
4) who makes the final site selection, Planning Board, Town Board or Community
Council ;
5 ) take into consideration that our current membership is spending all of its resources
fighting for passage of the site instead of getting the job done for the question of
programs sponsored by the Community Council on a volunteer only basis ; ! _
6) Who fights for the next site if contingency after contingency is continually tacked on
by the Planning Board and finally to continue this issue out any further may not be
in the best interest of this community. .
She urged the Town Board to make a decision before it divides the community further apart and
submitted a written statement for the Board and the record.
Jan Cottrell - 400 Comfort Road - would like the Board and the community to consider that this is
not the first site that the Community Council has looked at. We might be throwing away a perfectly
good site in chasing a perfect site that at this point does not look like one exists . She asked the
Board to consider not wasting any more of Danby' s time and money to chase a perfect site that may
not be out there . She asked the Town Board to release the contingency, go ahead with this site
because another site probably does not exist.
John Henderson - 441 Comfort Road - He and Margaret Shepard own the property directly
adjoining the proposed site for the Danby Community Center. His first concern is for themselves
as they own about 1 /4 acre land and makes them very vulnerable to any changes in land use around
them. They do not own enough land to control their own destiny and are dependent on the Planning
Board and members of the Town Board to act to protect their home and surroundings and preserving
the quality of life that caused them to choose Danby as the place that they wanted to live . He said
that the Town Board should deny the contingency and to have a task force to continue to look for
an alternative site . He said he understands that there is some rethinking about the Town Hall
Renovation plans and this offers the challenge that if the Town Hall plans were changed to add an
area for a community center perhaps expand a kitchen and other things that would be necessary that
we could see that the community of Danby really supported a community center in an ideal location
for it.
Margaret Shepard - 441 Comfort Road - respectfully asked all of the Board to reject the appeal to
over-rule the Planning Board decision. Margaret read a letter addressed to the Town Board of
Danby dated July 14, 1997 respectfully asking the Town Board to reject the appeal to overrule the
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Public Hearing - Community Council
July 14, 1997
Planning Board ' s resolution of 18 June 1997 . She said she would like to make a plea for some
common sense and compassion. She said that we rely on you to protect and promote the long term
interests of all Danby residents .
Pat Woodworth - 305 Gunderman Road - said she has some serious concerns about the location of
the proposed community center. She said that it certainly makes sense to look at alternate sites and
it clearly does not have any affect on the building at that site if it turns out that it desirable. She said
that the cost of maintenance of the building and on-going costs of operation must be considered. It
does not make sense to pay tax money twice for a school building that is not utilized completely all
the time and for a separate building that also may not be utilized all the time . It does not make sense
to stop looking for an alternate site .
Faith Chase - 106 Comfort Road - a letter from Faith Chase that was addressed to the Town Board,
dated July 14, 1997 was read into the record. Supports the contingency placed on the special permit
for the Proposed Community Center.
Gary Huddle - 65 Gunderman Road - said that there are a lot of people here and if there were as
many people here when they closed the Danby School maybe we would not have this problem today.
Liz Norton - 2381 Danby Road - is a Community Council Member and addressed the contingency
which is really what we are to talk about tonight. She agrees with Sue Howe and does not disagree
with the idea of the task force . What the Community Council was left with was this wide open
contingency with no specifications on what happens if they find a site that is not funded, what
happens if they find a site and there are a lot of problems with that site. Do we have to go through
this process all over again? It has been a long time and we have been struggling with this, and have
talked about the school until she is sick of hearing of it. We have had no indication that there is a
possibility that they could use the school and really would like to move on. She would like the
Board to modify the contingency so that a task force can be creative and is not tied to a particular
site that they may come up with, that the site would have to be agreeable to everybody. She said that
she feels that Community Council is very vulnerable with the decision that the Planning Board made
and that was their biggest reason for requesting the appeal .
Naomi Strichartz - 708 Comfort Road - said to her there does not seem to be a good outcome in
this . These people have worked very hard in trying to create something for the community for
themselves. We are threatening the lifestyle of our neighbors who have always been good neighbors
to us. Maybe we are starting with a false premise that a community center and a day care center has
to be together. If they are not together there are a lot of options . She does not think that the
contingency should be removed and thinks the contingency is very fair.
Bob Strichartz - 708 Comfort Road - feels that it would be a bad president to set to have a
unanimous decision of the Planning Board that was arrived at over a long period of time and after
a lot discussion overturned by the Town Board. It would suggest that any time anyone does not like
some aspect of what the Planning Board decides they can come to the Town Board and it undercuts
the authority and the seriousness of the Planning Board process . The Planning Board made a good
faith effort to come up with a compromise that would deal with all the issues that were raised by both
parties. We should allow the process to continue to see how their decision plays out as there were
a lot of unknowns.
Judy Bargher - is not against the community center but is concerned that there may be problems
with drainage due to soil type . She would like to see them consult with the DEC because of the
problems she had with drainage when she built her home on West Miller Road.
Ann Lee - West King Road - asked the Board to keep the contingency in place .
Linda Loomis - 97 Gunderman Road - asked the Board to keep the contingency in place and is
concerned about building a building in a less than desirable or optimal site when we hope it will be
4 Town Board Minutes
Public Hearing - Community Council
July 14, 1997
a community center. If it doesn' t work well then we will be paying taxes on something that is not
cost effective .
Dawn Parks - 142 Miller Road West - have land adjacent to the property. She said that it was
gracious of Barb and Carl Mosher to reply to the request from Danby Community Council Member
Susan Mosher Cobb to offer their land as a possible site for a community center building. The
controversy over the selected site has divided the community. The rush to build has drawn in new
people on the issue and she feels that their intentions were not to alienate neighbors but to do what
is best for the whole Danby Community.
Linda Howe - 231 Jersey Hill Road - is here in support of the Community Council . Years ago many
fought to keep the school and many residents here keep referring back to the school . She said
don't because Danby cannot afford it and Danby Community Council cannot afford to use the
school. We ' ve got to find a site, a new site because we do need a community center here not only
for the residents here but in for Danby but for the residents in West Danby.
Marjorie VanDeMark - 411 Comfort Road -- is adjacent to the proposed site for the community
center and she supports Community Council . She knows that they have done a lot of research and
looked at a lot of sites and have worked on this project a long time. As neighbor of the project, while
none of us would like to pick across from us or next to us for a community center, it is growth and
it is needed for the community. She asked to be on record as in favor of the project and in support
of Community Council .
John VanDeMark - 411 Comfort Road - agrees with his wife . He said he would like to state his
point of interest --He said that in his eyes if he were Barb and Carl Mosher, he would withdraw the
offer right now in front of all these people, and the next thing he would do is cut down big Oak. The
County is not paying to have them maintain that big Oak. This project is for the good of the kids .
Of all these people out here he would like to know how they voted for their school taxes -- his just
went up and it is for the good of the children. This proposed project is for the good of the children
but now we are fighting it.
Helen Engelhart - 458 Comfort Road - lives across the street from the proposed site. She is in
agreement with Margaret Shepard and has yet to see a financial cost analysis for this plan and does
not see how they can afford to build it, maintain it, do it. She said she is concerned because it will
be in her yard and her property value will go down. They are in the process of trying to sell their
house and potential buyers have responded negatively because there may be a community center
across the road.
Ken Horst - Chair of the Planning Board - said that there were things that gave him cause for
concern personally. The expected speed of approval by the applicants made him and other members
of the Planning Board nervous . The first they heard of this project was an newspaper article and a
notice on the local cable. A letter of endorsement from the Town Board also gave him some cause
for concern . This was the first time he can remember in the years he has served on the Planning
Board that the site plan was prepared by the Zoning Officer. He said that it is not usual and thinks
it is an indication that we were trying to help the committee with this site plan and in his opinion puts
the Zoning Officer in a very awkward position in dealing with the site plan with the Planning Board.
The Planning Board put forth a great effort to help these people because unanimously there is not
a person on the Planning Board who does not agree that the Town of Danby needs a community
center but there are questions, relative not only to where the site is to be located but also many other
questions . He said that relative to the resolutions that were approved, the Special Permit was not
turned down but there was a contingency placed there. The contingency does not prevent them from
moving ahead with the site that they presently have. They do not have the money to move ahead at
this time and the contingency gives an opportunity for a task force to be appointed to take a look
to see if there is a plan that is better. If the task force comes up with none or if the building
committee come up with the money to move ahead with the present site plan, the plan goes. He said
that he thinks that the Planning Board made a very responsible decision and he compliments the
members of the Planning Board for the position they took. He referred the Board and public .to.. ;
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Town Board Minutes
Public Hearing - Community Council
July 14, 1997
Section 801 para. 2 -- and Section 901 para. 2, 3 , 7 and 9 --of the Zoning Ordinance and read portions
of Section 901 and reported that the Planning Board took into consideration all of the aspects of the
proposal .
Judy Lehman - 226 Jennings Pond Road - submitted written comments to the Board and said that
they were similar to Margaret Shepard. She urged the Board to honor the decision of the Planning
Board and would also suggest that since there is conflict that mediation is a good way to deal with
1 it. She said that we should continue looking at the school as a site for the community center.
Jim Houghton - Coddington Road - encouraged the Board to leave the contingency in placeand said
he said he thinks this decision was a compromise on the part of the Planning Board. A community
center is a good thing and Danby needs one but his concerns are more in the end with the extent that
this property has been looked at and the issues that have been raised .
Gay Huddle -55 Gunderman Road - said she was involved with the school closing a long time ago
and said that if we were waiting to make some kind of agreement with the school district or with the
Town Hall as far as any kind of community activities -- it isn 't going to happen. We ' ve already been
there and talked about both issues and it is not going to happen. She agrees that any issues that have
to do with a site for a community center such as environmental, zoning, disruption of neighbors
certainly should be addressed. The real issue here is I don ' t want something in my yard. Danby has
notoriously undermined themselves for years . We should all work together and find out where is
the best site .
Susan Cobb - 190 West Miller Road - She is here to support the Community Council and agrees
with what Liz Norton said. She thinks the problem is that there is no perfect site out there anyplace .
She said we cannot live our lives on what ifs . The Community Council has done everything asked
by the Planning Board and it is always one more thing---
`s Donna Mosher - 187 Durfee Hill Road - is a member of Community Council . She said she thinks
that when this was brought up no one had any idea that it would divide community. It seemed like
such a simple thing. The outlook was that we were given land and we will put a building up if it is
possible. All of a sudden everybody comes out, no discussion, they think it is not a good site. She
thinks the school would be a good site if it were available . They met with school officials and the
answer is no as they do not know what they will do with the school .
Dan Klein - 56 Durfee Hill Road - he thinks he hears people saying that they are asking for more
time to think and talk about this decision for Danby . He said we need more time think about this
decision.
Verna Little - 1758 Danby Road - If we continue to make exceptions for businesses and activities
that are requested, which are different from neighborhoods needs, such as hwo it impacts traffic,
bridges, highways, etc . the quality of life in a neighborhood goes down.
Barbara Mosher - 190 West Miller Road - She does not like to see a community that cannot pull
together and this community certainly does not do that. She said that she does not think it is fair and
probably not right for the Town Board to over ride whatever the Planning Board has decided. It was
her understanding that the Planning Board had tentatively approved this site in the very beginning,
IIII and there were changes, requests and then there were more meetings. She said she knows Dr. Horst
is sick of it and she is sick of it and she is sure that everyone is sick of it. It is time that we do
something and we do it together and not be one against one another. This is not a private business
it is something for the community not a personal gain.
Arch Dotson - said that he was the author of the Planning Board Resolution No . 6 and said that
contention should be understood in its purpose. The purpose was both restrictive and cautious and
these are two virtues that were very important in dealing with the township. The purpose was to help
and to give a little more time. Arch presented his comments to the Board in writing and read
portions to the Board . He said that the contingency must be understood in its context and its
6 Town Board Minutes
Public Hearing - Community Council
July 14, 1997
function. There is still not a fail safe plan for cost to the Town for this project.
Esther Dotson - 246 Updike Road and was a founding member of the Community Council . She
said that there are important things we can do with the Danby Community Council . She would like
us to have three months more time to enable us to find out what are the requirements, not only the
Day Care Center but also of any kinds of community activities that we may all be interested in and
how can we work together and to find the place and the building we need .
Jonathan Mosher - Agrees with John VanDeMark 100%. He said the basic concerns as far as he
sees it is nobody wants anything in their back yard. Occasionally a little business will pop up like
H & E or Angelhart and it does interfere with their direct neighbors but they also bring a lot of jobs
to this community. If you do not have something in the community to draw them and jobs to the
community fall apart it and goes down hill . They still pay the same school taxes we all pay.
Everyone wants to move out where it is nice and quiet and move next to a farm. The next thing you
know they complain about the cow manure in their yards, the animals are too close, and they throw
their brush over the farmers fences. It is something you have to put up with because it is a growing
community. He said he is in support of the community center.
Elizabeth Roe - 1820 Danby Road - has lived here twelve years and moved here for the rural areas .
When she looks around this room tonight she sees the same phenomena she saw with the landfill
issue and understands that there is a growing contingency, some of whom are present tonight who
want the bridge from being rebuilt. She thinks the spirit of community means that if you have a
community movement like the Community Council and have a lot of young people who are already
enrolled in those pre-schools and people who have worked for years and who have looked for a finer
site you have to look at the decision making process in a little bit longer terms than what the
Planning Board is looking at it. She said she is appalled at the infuriate that the Mosher ' s are
optimistic. One could make the same argument for some members of the Planning Board as several
of the people are neighbors on public roads . They want to have what they want and not want to build ! `"
a community spirit. She is here to support the Community Council and do whatever you can to
expedite it as it has been a long drawn out process .
Robert Roe - 1820 Danby Road - has followed this with some interest and it has been going on for
quite a few years at this point. One of the major concerns was that this proposed site is not in the
center of Town. It seems to be the center of Town is whatever an individual wants it to be for their
own purposes . Since the 60's onward the movement has been away from centralized communities
and that is why many of you are out here . He said that he sees absolutely nothing wrong with the
site that is being proposed.
Public Hearing Declared Closed :
Supervisor Oltz declared the public hearing closed at 7 : 12 P .M .
atOild ) c �
Carol W. Scze i ki, Town Clerk
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phm-7- 14 . 97