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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 4. 6 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 . 4 6 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 • i 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 • 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 : 4 8 2 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 • 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 . •