HomeMy WebLinkAbout1997-07-16 473
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING - SCOTT ENGELHART
JULY 16 , 1997 - 7 : 15 P.M.
Public Hearing - Scott Engelhart
Request for Rezoning- 15 Bald Hill Road
PRESENT :
Vice Chairman - Nancy Weitzel
Planning Board Members Arch Dotson , William Farrell , Linda Hansen
Others Present :
Applicant - Scott Engelhart
Secretary - Carol W . Sczepanski
Code Enforcement Officer - Susan Beeners
Members of the Public :
Gladys Varona-Lacey, Kevin Lacey, Edward and Donna Inman, Olivia Vent, Mary Oltz, Robert M .
Chase, Brian and Denise Beeners, Tammy and Rick Lopez, Sarah Hollyday, Debbie Benson, Charles
and Dani Bruce , Faith Chase , Judith L . Bargher, Pat Woodworth, Althea and Charles Bruce , Ken
Horst, John Henderson , Margaret Shepard, Naomi Strichartz, Judith S . Lehman and others .
Public Hearing Declared Open :
Vice Chairman Nancy Weitzel declared the public hearing open at 7 : 20 P . M . and read the following
"Notice of Publication " :
"NOTICE IS HEREBY GIVEN , that a Public Hearing will be held by the Planning Board of the
Town of Danby on Wednesday, July 16 , 1997 at 7 : 15 P . M . , Danby School Building, 54A
Gunderman Road, Ithaca, New York 14850 . Purpose of hearing is to consider a recommendation
to the Town Board with respect to a request for the rezoning of Town of Danby Tax Parcel No . 10 . -
1 - 39 , located at 15 Bald Hill Road and containing the former Town Highway Barn from High
Density Residential Zone to Commercial Zone "C" . The Commercial Zone as proposed would
include a building and yard for the sale of masonry materials and equipment, and an office for
masonry installation services . Town of Danby, property owner Scott K. Engelhart, Cayuga Masonry
Sales and Service, Inc . , applicant.
All interested parties will be given the opportunity to be heard either in writing or in person .
By order of the Planning Board
Carol W . Sczepanski , Town Clerk
Dated : July 2 , 1997
Publish : July 5 , 1997 "
Affidavit of Neighbor Notification filed with the Town Clerk on July 3 , 1997 .
A petition was submitted to the Board from Tammy Lopez of 10 Bald Hill Road and contains 24
signatures of Danby residents :
" We the undersigned wish to file a petition against the proposed rezoning at 15 Bald Hill
Road. Not only would changing the zoning from residential to commercial cause increased
traffic consisting of large trucks and heavy machinery, it will also bring unwanted noise to
• a now quiet neighborhood ".
Vice Chair Nancy Weitzel asked Scott Engelhart to explain to the public his proposal and request
for a rezoning.
Scott Engelhart explained that his plan is to use the Town Barns for a facility to sell brick, block and
cement products and whatever is involved in that type of operation . He explained the location and
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2 Planning Board Minutes
Public Hearing - Scott Engelhart
July 16, 1997
property from drawings that were posted on the board for the public to view . The look of the
property will not change other than some materials will be stored outside in the front part of the
building. The only sort of unknown about the layout is near the hedge row along the property line .
As there has not been a survey he does not know how far the storage area would be away from the
hedge row . The property line probably is somewhere near that hedge row. There is a minimum ten
( 10) foot right-of way to the cemetery property . It is possible to move more of the storage area
towards the creek . There will be a fence along the hedge row to the cemetery and at least 100 feet
from the creek line . He is proposing to plant a barrier hedge and the choice of growth is not specific
at this time . The gate across the drive will be approximately 20 feet wide so that it is possible for
delivery trucks to back into the facility , lights on both side of the gate and a lighted sign. The
building at this time has three overhead doors and one will be removed and replaced with windows
for a showroom and an entry door for customers .
Comments from the Public :
Olivia Vent - 1874 Danby Road - asked Mr. Engelhart questions related to the design for the storage
facility that he wanted to build, what kind of materials he was going to use , and what it might look
like . She said she was interested in the noise issue , what kind of trucks would be delivering
materials and with what frequency. The area at this time is cluttered and asked if there was any plan
to clean up the site .
Mr. Engelhart said that he was not going to build anything . It is only a defined area where block ,
brick and masonry materials would be stored and that there would be no building . The facility
would probably be open from 7 : 30 a. m . to 4 : 30 - 5 : 00 p . m . It is expected that initially there would
be an influx of materials being delivered to build up his supply and probably two deliveries of
material per week. Most of the deliveries to customers will be with his own truck. There would be
a maximum of 20 - 30 customers per day during the peak building season and there would be no
cutting of materials on the premises . The Town of Danby Highway Department will remove the
items that are stored on the site . Mr. Engelhart made a comment that for security and to discourage
people from stealing blocks he may have a couple of guard dogs .
Kevin Lacey - 1882 Danby Road - owns property adjoining the Highway Barns property on the back
and a said guard dog would be a concern . He has concerns that there must be some sort of barrier
such as a fence or planted buffer for the neighbors .
Rick Lopez - 10 Bald Hill Road - asked if that once this is zoned commercial and if the property is
sold , could anything just move in there . He is concerned that a 20 feet entry to the property may not
be wide enough for large trucks .
Susan Beeners addressed the public and reported that the Planning Board is now considering a
recommendation on the General Site Plan to the Town Board . The Town Board would then have
a public hearing and would consider establishing a zone . There could be additional restrictions
placed on that, but otherwise this proposal is a straight Commercial Zone "C" where it could be a
car wash , a car repair facility , a rental place for a U-Haul place , mobile home and recreational
vehicle sales , etc . All of those uses and Scott ' s proposed use would require a Final Site Plan
approval and a Special Permit . If the Town Board rezones this property he would still have to return
to the Planning Board with more design details of how his plan would look with specific sizes of
plan and design of the fence . He will also have a�e the Planning Board for a public
the t hearing ted eo
change the use , they would have to co Hr
recommendation is that if the Planning Board considers recommending this be zoned Commercial
Zone "C" for many possible uses, the final site plan approval contain not only a lot of details on the
site design but also specific language with respect to down cast lighting, and that the Town Highway
has been contacted and consulted with regarding the curve at the entrance .
Robert Chase - 106 Comfort Road - asked from the zoning point of view, how would the Town
Barn usage be classified today, what is the change of classification or if they needed a classification .
Susan responded that the building was built before zoning. If that zoning was built today as a private
3 Planning Board Minutes
Public Hearing - Scott Engelhart
July 16, 1997
highway garage it would be the equivalent of a Commercial Zone "C". There is not a change as far
as a land use except it is a change to retail .
Gladys Lacy - 1882 Danby Road - is it possible to zone an area as commercial zone with certain
restrictions in which you can stipulate in the future that once this business is sold that only certain
types of uses are allowed .
Judy Lehman - Jennings Pond Road - owns a a field that is behind the Highway Barns and is
confused as to who now owns this land . She was not aware that the property was for sale and is
• concerned about noise, air pollution, and damage to the creek . She said that it is really important to
keep access open to the cemetery.
Scott Engelhart said that this type of facility is safer for the environment than the Town Highway
Barns .
Vice Chair Nancy Weitzel reported to the public that she is aware that the Town has put this property
up for bid at least twice .
Mary Oltz - Town of Danby Supervisor - reported that the Town was approached and that the
property has been basically on the market because it is property that we are not using. The items
that are stored there can be transported to the Town Highway Department . If we can get money from
thia property and build another storage building it would be more efficient.
Naomi Strichartz - 708 Comfort Road - thinks that at some point the question of limits needs to be
addressed because some of the questions are going very large .
Nancy Weitzel said that we are not dealing with acres as this is not that big a parcel of land .
Donna Inman - 52 Bald Hill Road - has a concern that there may not be adequate parking at the
proposed facility . It looks to her that there is not adequate space for storage and tractor trailers to
turn around . There is also a blind curve near the at the driveway that may obstruct visibility of log
trucks that frequently use this road . She asked what type of vehicles would be used for delivery.
Mr. Engelhart said that he would be making deliveries with his own truck and that large shipments
of materials would be delivered to the facility by a larger truck with hoist. If the gate line is set back
30-40 feet away from the road it will give any vehicle entering a fair amount of room to make the
turn into the driveway without having to stop and sit in the middle of the road .
Debbie Benson - 58 Bald Hill Road - is concerned with traffic from tractor trailers on the road .
There is a lot of traffic on this and a lot of foot traffic going to the park and kids on bikes . That
curve is very dangerous .
Nancy Weitzel said that when the Town Highway Department was located there , there were large
trucks , big flat beds and a huge grader that could get in and out of there even in the winter time .
• Susan Beeners strongly recommended that the County Highway Department be contacted before a
final site approval and maybe even before the Town Board has a hearing. They would be able to
provide an evaluation of the turning radius . Some things could be done to improve the site distances
such as additional signs and the bamboo could be cut back more .
Olivia Vent - is concerned with the safety in the area . People should remember that this is a high
density residential area. There are tremendous number of children who go up and down Bald Hill
Road and along Danby Road in that area. There is also a school bus stop in the area .
Tammi Lopez - 10 Bald Hill Road - submitted a petition containing 24 signatures from residents
Nancy Weitzel said that we must have the petition at the table to accept it. She said that the hearing
is coming to a close and it must be submitted at this time .
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4 Planning Board Minutes
Public Hearing - Scott Engelhart
July 16, 1997
Olivea Vent said that she understands that one of the motivations to consider the rezoning is to bring
more tax dollars to the community . She asked if there had any real studies done or is there any
indication or projection as to the number of tax dollars that this is going to generate above and
beyond what it would generate if it was residential . How much more would the Town be gaining
from this type of activity .
Nancy Weitzel said that was a question that must be asked from the Town Board because they are
the one that calls for the generation of the money .
Susan Beeners said that there would be sales tax revenue and property tax revenue . •
Scott Engelhart said that it is estimated that his business would generate approximately $ 100 ,000 . 00
in sales .
Public Hearing Declared Closed :
Vice Chairman Nancy Weitzel declared the public hearing closed at 8 : 15 P . M .
SaWat 14.)
Carol W . Sczesigski , Secretary
phm-Engelhart . 97
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4 7 G
1 Planning Board Minutes
Public Hearing - Bruce
July 16, 1997
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING - BRUCE
JULY 17, 1997
Public Hearing - Dani Bruce
Special Permit
• PRESENT :
Vice Chairman - Nancy Weitzel
Planning Board Members Arch Dotson , William Farrell , Linda Hansen
Others Present :
Applicant - Dani Bruce
Secretary - Carol W . Sczepanski
Code Enforcement Officer - Susan Beeners
Members of the Public :
Gladys Varona-Lacey, Kevin Lacey, Edward and Donna Inman, Olivia Vent, Mary Oltz, Robert M .
Chase, Brian and Denise Beeners, Tammy and Rick Lopez, Sarah Hollyday, Debbie Benson, Charles
and Dani Bruce, Faith Chase, Judith L . Bargher, Pat Woodworth, Althea and Charles Bruce, Ken
Horst, John Henderson , Margaret Shepard , Naomi Strichartz, Judith S . Lehman and others .
Public Hearing Declared Open :
Vice Chairman Nancy Weitzel declared the public hearing open at 8 : 15 P . M . and read the following
public notice :
"NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Planning Board of the
Town of Danby on Wednesday, July 16, 1997 at 7 : 45 P . M . , Danby School Building 54A Gunderman
road, Ithaca, New York, 14850 . Purpose of hearing is to consider a request for a Special Permit for
the temporary installation of a singlewide manufactured home for an agricultural worker at 747
Comfort Road, Town of Danby Tax Parcel No . 9 . - 1 - 11 . 2 , 16 . 87 acres total . Charles and Carol Bruce
and Nan Basso , Owners ; Dani Bruce , Applicant.
All interested parties will be given the opportunity to be heard either in writing or in person .
By order of the Planning Board
Carol W . Sczepanski , Town Clerk
Dated : July 2 , 1997
Published : July 5 , 1997 "
Affidavit of Neighbor Notification filed with the Town Clerk on July 3 , 1997 .
• Communications Received
Letter from Michael and Carole Dawson , 705 Comfort Road, in support of the Special Permit .
Dani Bruce presented a drawn map and an and picture showing the land and that the proposed
manufactured home would not be visable from any other parcel of land in the area. She said that at
this time she has two (2) horses and that she is the primary care giver of the animals . The
manufactured home will be a 1990 model and she explained the location . In the near future, the
Ithaca Police Department has proposed to do an equestrian unit . When the equestrian unit is in place
she will be boarding 2 - 3 of their horses .
Arch Dotson said that this was a request for a temporary permit and asked what was temporary.
Dani Bruce said that she was told that temporary could be anywhere from 8 - 10 years . She is
2 Planning Board Minutes
Public Hearing - Bruce
July 16, 1997
planning to build a home there within ten years . When she builds will depend on her financial
situation .
Susan Beeners asked if that sometime a permanent house was built there , how would the property
be subdivided to attach to Comfort Road?
Dani Bruce said that her parents have discussed possibly building the house themselves and having
an additional home on that property , and the other possibility is that this parcel adjoines her
grandparents land and they have a fair amount of road frontage . There would be access to road
frontage . III
Public Hearing Declared Closed
The Public Hearing was declared closed at 8 : 25 P . M .
W
Carol W . Sc p ski , Secretary
phm-bruce . 97
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4 19
TOWN OF DANBY
PLANNING BOARD MINUTES
JULY 16 , 1997
PRESENT :
Vice Chairman - Nancy Weitzel
Planning Board Members Arch Dotson , William Farrell , Linda Hansen
Others Present :
Code Enforcement Officer - Susan Beeners
• Secretary - Carol W . Sczepanski
Members of the Public :
Gladys Varona-Lacey, Kevin Lacey, Edward and Donna Inman , Olivia Vent, Mary Oltz, Robert M .
Chase, Brian and Denise Beeners, Tammy and Rick Lopez, Sarah Hollyday, Debbie Benson, Charles
and Dani Bruce , Faith Chase , Judith L . Bargher, Pat Woodworth , Althea and Charles Bruce, Ken
Horst, John Henderson, Margaret Shepard , Naomi Strichartz, Judith S . Lehman and others .
Vice Chairman Nancy Weitzel called the meeting to order at 8 : 30 P . M .
Privilege of the Floor :
Pat Woodworth asked how residents could find out when Town meetings were scheduled .
Nancy Weitzel reported that Town Meetings were advertised in the Ithaca Journal, Danby Area
News, posted at the Danby Market, Benjarins One Stop and the Town Hall bulletin board . Town
Board Meetings are held monthly on the second Monday at 6 : 00 P . M . , Planning Board Meetings
on the third Wednesday at 7 : 30 P . M , Board of Zoning Appeals are scheduled when there is an
appeal .
Request for Rezoning - Scott Engelhart
Scott Engelhart has submitted a request for the rezoning of Town of Danby Tax Parcel No . 10 . - 1 -39 ,
located at 15 Bald Hill Road , and containing the former Town Highway Barn , from High Density
Residential Zone to Commercial Zone "C" for the sale and supply of masonry materials and
equipment .
Discussion :
Linda Hansen said that in a Commercial Zone " C" there should be 150' road frontage and this
property does not have that much, there is not a topographical map of the area and she would like
to see more detail of the layout of the land . There needs to be more of a buffer to screen the area
from neighbors .
Susan Beeners said that there is specific language in the ordinance that describes required buffers
for a commercial zone that must be met .
Gerald Catlin said that he does not think that trucks being able to get in and out of the facility would
• be a problem .
Review of Part II EAF :
The Planning Board reviewed and discussed the Part II of the Environmental Assessment Form and
modified the following : (Underlined wording is added language) .
C4 - Modified : The project as proposed if appropriately designed and managed appears -- -
etc .
E . - Modified : Add -- Objections have been raised related to many of the above factors .
Part III - Determination of Significance
Part III - Determination of Significance statement approved .
480
2 Planning Board Meeting
July 16, 1997
Discussion of the proposal :
Many unidentified residents interrupted the review with their comments objecting to commercial
zones (spot) zoning in residential neighborhoods .
Vice Chair Nancy Weitzel reported to the public that they (the Planning Board) were trying to hold
their meeting and that the public are here to listen . The chance for public to be heard was at the
public hearing . If any public has questions or statement, they may be submitted to the Planning
Board after the meeting. She said that members of the Board are open to any ideas and suggestions
of where land is available for commercial zones in the Town of Danby . This request for rezoning •
has nothing to do with the development of a new comprehensive plan . It is not that this board or any
board in the past has not looked and tried to determine where would be a wonderful commercial area.
To this date we have come up with nothing .
Linda Hansen asked if there could be some kind of a special permit where if the property were sold
that it would revert back to high density residential .
Susan Beeners said that she thinks that there are some kind of restrictions that could be placed on
the property limiting the types of activity that could not occur on the site . More detail can be
requested to be included in the final site plan . She said she has drafted specific language for
conditions to be placed on the site plan approval . There could also be language included that no uses
shall be permitted that produce loud or unusual noise or that involve the use or production of toxic
chemicals or toxic run-off.
RESOLUTION NO . 8_ OF JULY 16, 1997 - Approved
CAYUGA MASONRY SALES AND SERVICE , INC . , REQUEST FOR REZONING ,
PARCEL 10. - 1 -39 , BALD HILL ROAD
By William Farrell : Seconded by Arch Dotson
WHEREAS, Scott K . Engelhart, agent for Cayuga Masonry Sales and Service , Inc . , has requested
that Town of Danby Tax Parcel No . 10 . - 1 - 39, located at 15 Bald Hill Road and containing the former
Town Highway Barn, be rezoned from High Density Residential Zone to Commercial Zone " C " ,
with the proposed zone to contain a building and yard for the sale of masonry materials and
equipment and an office for masonry installation services ; and
WHEREAS, this is an Unlisted Action for which the Town of Danby Town Board is legislatively
determined to act as Lead Agency in environmental review, and for which the Town of Danby
Planning Board and the Tompkins County Department of Planning are involved agencies ; and
WHEREAS , the Planning Board on July 16 , 1997 has held a public hearing for review of the
proposal ; now, therefore , it is
RESOLVED, that the Planning Board recommends to the Town Board that a negative determination
of environmental significance be made for this Unlisted Action ; and it is further
RESOLVED, that the Planning Board recommends to the Town Board that the two (2) Alternative
General Site Plans for said zone, entitled " Site Plan for Cayuga Masonry Sales and Service ,
Numbers 1 and 2 " dated July 2 , 1997, be approved , and recommends that the Town Board establish
said zone pursuant to the proposed local law which follows :
" PROPOSED
TOWN OF DANBY
LOCAL LAW NO . OF 1997
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATED TO THE ESTABLISHMENT OF A COMMERCIAL ZONE " C "
COMPRISED OF TOWN OF DANBY TAX PARCEL NO . 10 . - 1 -39 , LOCATED AT 15
BALD HILL ROAD
Section 1 . The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town
481.
3 Planning Board Meeting
July 16, 1997
Board on December 11 , 1991 , and subsequently amended, is further amended as follows :
1 . Town of Danby Tax Parcel No . 10 . - 1 - 39 , known as 15 Bald Hill Road, is hereby rezoned
from High Density Residential Zone to Commercial Zone " C " , with such zone more particularly
described in Schedule A attached .
2 . The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby
amended to show the location and boundaries of said Commercial Zone " C " as set forth in this local
law.
3 . Permitted principal and accessory uses in said Commercial Zone " C " are those uses which
are set forth for Commercial Zones " C " in the Zoning Ordinance as being explicitly permitted ,
permitted upon approval of the site plan , or permitted by Special Permit, except that the property
shall not be used for motor vehicle, or mobile home sales rental or service , as a car wash, or for any
uses that generate loud or unusual noise or toxic waste . Other provisions and requirements in said
Commercial Zone " C " are those set forth for Commercial Zones " C " in the Zoning Ordinance .
Section 2 . In the event that any portion of this law is declared invalid by a court of competent
jurisdiction, the validity of the remaining portions of this law shall not be affected by such
declaration of invalidity .
Section 3 . This law shall take effect 5 days after its adoption or the date it is filed in the Office
of the Secretary of the State of New York, whichever is later .
SCHEDULE A
DESCRIPTION OF LANDS BEING REZONED FROM HIGH DENSITY RESIDENTIAL
1 ZONE TO COMMERCIAL ZONE " C "
All that tract or parcel of land situate in the Town of Danby, County of Tompkins and State of New
York, bounded and described as follows :
Beginning at a point in the southerly boundary of premises now or formerly owned by Walter T.
Swarthout and Alice L. Swarthout, where the westerly line of the former Congregational Cemetery
(now Danby Cemetery) extended southerly intersects said south boundary line ; thence running
westerly along said south boundary line to the Tioga Brook (also known as Buttermilk Creek) ;
thence running northerly along said Tioga Brook to Bald Hill Road ; thence running easterly along
Bald Hill Road to a point where the west boundary of the Danby Cemetery extended northerly
intersects the southerly line of said Bald Hill Road ; thence running southerly and in part along the
west line of said cemetery property to the place of beginning .
Subject to a right of way 10 feet in width extending from the southwest corner of he cemetery
property to Bald Hill Road, said right of way to be used for any and all purposes as more fully set
forth in the deed from Walter T . Swarthout and Alice L . Swarthout to the Town of Danby referred
to below .
Subject also to rights of way of record and rights of wa if an that may exist by prescriptive or
Subject g Y g Y� Y� Y Y p p
other rights that are observable on the premises .
Being the same premises conveyed to the Town of Danby by said deed from Walter T . Swarthout
and Alice L. Swarthout dated September 25 , 1937 , recorded in the Tompkins County Clerk's Office
in Book 245 of Deeds at Page 484 on October 11 , 1937 . "
and ,
FURTHER IT IS RESOLVED , that the Planning Board recommends that if the Zone is
established , and an application for Final Site Plan approval and for a Special Permit is submitted,
that the following be submitted as part of such application :
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4 Planning Board Meeting
July 16. 1997
a . The information required in Section 801 and 802 , for site plans , including but not
limited to proposed design or landscaping, lighting, fencing, and signage .
b . Information that shows the property will be adequately screened pursuant to Section
603 , para 5 (g) of the Zoning Ordinance .
c . Information showing that lighting would be designed to minimize impact on
adjoining residences .
d . Information that shows that the Tompkins County Highway Department has been •
consulted with respect to sight and traffic safety .
e . Adequate provision for public access to the Danby rural Cemetery .
f. That there be no loading or unloading of trucks before 7 : 30 a . m .
g. That there be no cutting or grinding of stone for business purpose on the property.
A roll call vote on the resolution resulted as follows :
Catlin Aye
Dotson Aye
Farrell Aye
Hansen Aye
Weitzel Aye Carried Unanimously
Review of Dani Bruce Proposal
Dani Bruce has requested a Special Permit for the temporary installation of a singlewide
manufactured home for an agricultural worker at 747 Comfort Road .
Discussion followed regarding what makes this an agricultural operation , time limit for temporary
installation should construction begin on a residential building .
The Board discussed a time limit to be considered and placed on the temporary special permit and
a time limit for construction to begin .
Susan Beeners said that there is a section on Page 27 in the ordinance permits the temporary
installation of singlewide mobile homes for agricultural workers , property caretakers, and care givers
that must reside on the property . It also permits you to place conditions that are included in the
proposed resolution . There is also an annual status report on activities related to the special permit .
General conditions required for all special permits may be found on Page 36 in the ordinance and
relates to neighborhood impacts .
Susan Beepers said that from a site plan standpoint, it is not visible from the road , there should be
no problem with the physical development site for the home . As Dani Bruce has described this
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would fit in to be an agricultural use and it has a special beneficial impact in relationship to the
police department . There appears to be no ability for anybody else to give the horses care . The
request should be considered as an agricultural use and the time limit for the permit may be
modified . Temporary is not defined and neither is agricultural worker .
Nancy said that we should also take into consideration that this will be a building site .
Susan Beeners said that there is at least 500 feet of road frontage on the property and there is acreage .
A strip could be run to the road from the site for access . Sometimes to build a second dwelling on
a lot it is necessary to make a separate parcel for financing purposes .
Charles Bruce addressed the Board and said that they were not applying for a building permit at this
4 8 3
5 Planning Board Meeting
July 16, 1997
time and were only asking for a special permit. Building a home would be in the future and no plans
have been made at this time .
RESOLUTION NO . 9 OF JULY 16 , 1997
BRUCE SPECIAL PERMIT REQUEST
By Gerald Catlin : Seconded by William Farrell
WHEREAS , Dani Bruce has requested a Special Permit for the temporary installation of a
singlewide manufactured home for her use as a residence as an agricultural worker at 747 Comfort
Road, Town of Danby Tax Parcel No . 9 . - 1 - 11 . 2 , which parcel is owned by Charles and Carol Bruce
• and Nan Basso ; and
WHEREAS, this is a Type II action for which no environmental review is required ; and
WHEREAS, the Planning Board has held a public hearing on the request on July 16 , 1997 and has
duly considered the various requirements and criteria for special permits provided in the Zoning
Ordinance ; now, therefore , it is
RESOLVED , that the Planning Board grants a Special Permit to Dani Bruce for the temporary
installation of a singlewide manufactured home for her use as a residence as an agricultural worker
at 747 Comfort Road, Town of Danby Tax Parcel No . 9 . - 1 - 11 . 2 , subject to the following conditions :
1 . The Special Permit shall expire if Dani Bruce is not acting in any capacity as an agricultural
worker on the property, or if the singlewide manufactured home is not the primary residence
of Dani Bruce, unless a modified Special Permit is granted by the Planning Board .
2 . Notwithstanding paragraph 1 above , the Special Permit shall expire five ( 5 ) years from the
date of the issuance of a Certificate of Occupancy for the singlewide manufactured home ,
unless a renewed Special Permit is granted by the Planning Board .
3 . An annual status report to the Code Enforcement Officer from the grantee of the Special
Permit or from the grantee' s agent is required, beginning twelve ( 12) months from the date
of issuance of a Certificate of Occupancy for the singlewide manufactured home . Said status
report shall describe the general activities of the grantee as an agricultural worker, to allow
the Town to assess the compliance of the property with the terms of this Special Permit .
4 . Noncompliance with any of the terms set forth in this resolution shall be grounds for
revocation of the Special Permit .
A roll call vote on the resolution resulted as follows :
Catlin Aye
Dotson Aye
Farrell Aye
Hansen Aye
Weitzel Aye Carried Unanimously
•
Approval of Minutes - June 18 , 1997 - Public Hearing - Cisela Wildes
A motion was made by Arch Dotson and seconded by Gerald Catlin to approve the Planning Board
Public Hearing Minutes of June 18 , 1997 for Cisela Wildes as published .
A vote on the motion resulted as follows :
Carried Unanimously
Correction of Planning Board Minutes of June 18 , 1997
Page 3 - bottom of page - delete the word "the" and insert the word an .
Approval of Planning Board Minutes of June 18 , 1997
484
6 Planning Board Meeting
• July 16, 1997
A motion was made by Arch Dotson and seconded by William Farrell to approve the Planning Board
Minutes of June 18 , 1997 as corrected .
A vote on the motion resulted as follows :
Carried Unanimously
Other Business :
Susan Beeners asked the Board for permission to schedule the sessions with Rebecca Lubin from
Tompkins County Planning to begin in September .
ADJOURNMENT : •
On a motion the meeting adjourned at 9 : 58 p . m .
abet 'jiyailairat
Carol W . Sc p ski, Secretary .
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