HomeMy WebLinkAbout1997-10-01 4 9 3
1 Planning Board Minutes
Public Hearing - Rice
October 1 , 1997
TOWN OF DANBY
PLANNING BOARD MINUTES
PUBLIC HEARING - RICE LANDSCAPING
October 1 , 1997
PRESENT :
Chairperson Kenneth Horst
Planning Board Members : Gerald Catlin, Arch Dotson, William Farrell , Linda Hansen, Bob Roe,
Nancy Weitzel
•
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Nancy Rice and Karl Kayser - Rice Landscaping Representatives
Members of the Public :
Suzanne Hiney, Judy VanDemark, Toni McBride
Public Hearing Declared Open :
Chairperson Horst declared the Public Hearing open at 7 : 32 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 , October 1 , 1997 at 7 : 30 P . M . , Danby School Building, 54A
Gunderman Road, Ithaca, New York 14850 . Purpose of hearing is to consider a Recommendation
to the Town of Danby Town Board with respect to a request for the rezoning of Town of Danby Tax
Parcel No . 2 . - 1 -26 . 1 , located at 1428 Danby Road, from Low Density Residential Zone to
Commercial Ciaschi , property Zone B . Timoth Ciaschi roperty owner ; Rice Landscaping, Inc . , applicant .
All interested parties will be given the opportunity to be heard either in writing or in person .
A special meeting of the Planning Board will follow the public hearing .
By order of the Planning Board Chair
Carol W . Sczepanski , Town Clerk
Dated : September 20 , 1997
Publish: September 23 , 1997 "
Communications Received :
1 ) Affidavit of "Notification by Mail" , filed September 4 , 1997 .
2) Letter to Planning Board from Barbara Ganzel opposing the rezoning of Parcel No . 2 . - 1 -26 . 1 .
3 ) Letter to Planning Board from James Hovanec of Progressive Powersport - approving of the
rezoning of Parcel No . 2 . - 1 -26 . 1
• Nancy Rice from Rice Landscaping, Inc . reported that they had contacted the neighbors immediately
adjacent to the property. They sent letters to the neighbors who were not at home . There were some
concerns with the neighbors and they are more than happy to address those concerns . She said that
their main goal is to have a very professional , well groomed, and quiet business that does not disturb
their neighbors . She said that this location is perfect for them and that they operate a very high
quality business and are very well known in the Ithaca area. They look forward to being a Danby
resident and hope the neighbors will be happy to see them . They would never do anything to
disrupt the Town. All their equipment will be installed in the warehouse and the house located on
that property will remain residential . Their operation is basically mornings with their trucks leaving
in the morning and returning late afternoon . The property is now zoned for use as an auto body
repair shop and is now empty .
Comments from the Public :
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2 Planning Board Minutes
Public Hearing - Rice
October 1 , 1997
Toni McBride - 1432 Danby Road- Read a letter from Barbara Ganzel of 1444 Danby Road
opposing the rezoning to be entered into the record . She lives adjacent to the site .
Judy Vandemark - 1432 Danby Road - said that she and Toni McBride have a small farm adjacent
to the property and is concerned their may be traffic coming to the landscaping facility and possible
plans for future expansion or that a change of ownership might create a bar or other commercial
business .
Chairperson Horst said that if there was any change in the use of the property must come to the Town
Planning Board for consideration . •
Susan Beeners said that the site is very limited due to size and topography . As proposed the new
zoning for the site would be for a landscape installation, maintenance and snow removal service
business with an accessory wholesale nursery . The intent for the wholesale nursery is for items
ordered by customers and held briefly until they are installed on a property. The site will not be open
to all commercial uses but restricted to their proposal .
Suzanne Hiney - 1450 Danby Road - owns the property directly across the road from the proposed
site and her father owns the property that is adjacent. She has been through all the auto businesses
that have operated there with ugly signage, traffic to the facility and lighting. She is concerned about
snow removal trucks leaving the facility during the middle of the night with lights shining in her
bedroom windows .
Karl Kayser reported that Rice Landscaping has small trucks and the largest is a one-ton truck .
When excavating is required they hire a contractor for that service .
Nancy Rice said that their plans for the property right now is to paint the house, put the shutters back
on, to re-landscape the entire property and to paint the warehouse . A representative from the N . Y. S .
Department of Transportation has viewed the access to the site and told them where a sign can be
placed and the laws regulating signage along the state highway .
Bill Farrell said that we should continue with this public hearing for the purpose of rezoning this
property to Commercial Zone "B " .
Susan said that what is before the Planning Board is an application for Commercial Zone "B", where
it is proposed that you add some restrictions . She submitted memo from Tompkins County Planning
Department stating that there would be no significant deleterious impact on intercommunity, County,
or State interests . They are concerned about the proposal to rezone this parcel to a commercial
district yet restrict the commercial uses on the parcel . Creating a separate zone could be considered
spot zoning.
Susan reported that the Danby Fire Department and the Department of Transportation do not see any
problems with the site . She said that she had reviewed the Tompkins County Planning Department
memo with the Town Attorney regarding the creation of a separate zone that could be considered as
spot zoning . He said that the County in many of their letters makes a statement of concern related •
to spot zoning. This property is across from existing commercially zoned properties, is on a N . Y . S .
highway, is a reasonable distance from neighbors and the use would be restricted basically to this
service so that spot zoning should not be an issue .
Public Hearing Declared Closed
Chairperson Horst declared the public hearing closed at 8 : 25 P . M .
delal 'data/4j
phm-rice . 97 Carol W . Scze ►fd<ki , Secretary
4 9 ,5
1 Planning Board Minutes
October 1 , 1997
TOWN OF DANBY
PLANNING BOARD MINUTES
OCTOBER 1 , 1997
SPECIAL MEETING
PRESENT :
Chairperson Kenneth Horst
Planning Board Members : Gerald Catlin, Arch Dotson, William Farrell , Linda Hansen, Bob Roe,
• Nancy Weitzel
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Nancy Rice and Karl Kayser - Rice Landscaping Representatives
Members of the Public :
Suzanne Hiney, Judy VanDemark, Toni McBride
A special meeting of the Planning Board was held to consider a Recommendation to the Town of
Danby Town Board with respect to a request for the rezoning of Town of Danby Tax parcel No . 2 . - 1 -
26. 1 , located at 1428 Danby Road, from Low Density Residential Zone to Commercial Zone B .
Chairperson Ken Horst called the Special Meeting of the Planning Board to order at 8 : 30 P . M .
Bill Farrell said that we should consider the proposal as it has been presented to us .
Nancy Weitzel said that the size and the location of the property restricts its use for many other uses
than is proposed .
Gerry Catlin said that this proposal will upgrade the property . He is familiar with the operation of
Rice Landscaping and said that he thinks it would be an improvement to the property .
Chairperson Horst asked the Board to review the Environmental Assessment Form and attachments .
Robert Roe said that he thinks the documents presented are in order and all the issues he was
concerned about have been adequately addressed by the DoT , the Danby Fire Department and the
applicants .
Linda Hansen said that she thinks this proposal will be a wonderful addition to the community . In
response to comments about the noise from traffic along 96B , she said that she also lives on 96B and
has become accustomed to the noise generated from traffic .
The Planning Board reviewed the proposed Local Law and amended Section 1 3 (b) by deleting
(upon the application for and the receipt of a Special Permit ; and)
•
RESOLUTION NO. u9_ OF OCTOBER 1 , 1997
RICE LANDSCAPING, INC., REQUEST FOR REZONING , TAX PARCEL 2 .- 1 -26 . 1 , 1428
DANBY ROAD
By William Farrell : Seconded by Gerald Catlin
WHEREAS, Rice Landscaping, Inc . has requested that Town of Danby Tax Parcel No . 2 . - 1 -26 . 1 ,
located at 1428 Danby Road, be rezoned from Low Density Residential Zone to become a part of
Commercial Zone "B-2 " , with the proposed zone to contain a landscape installation, maintenance
and snow removal service business along with a preexisting dwelling ; and
WHEREAS, this is an Unlisted Action for which the Town of Danby Town Board is legislatively
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October 1 , 1997
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 October 1 , 1997 has held a public hearing for review of the
proposal ; and
WHEREAS, the Planning Board has duly considered the General Considerations for site plans
provided in Section 805 of the Zoning Ordinance, 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 the following :
1 . that the site is located on a main highway, and that the proposal appears to be
consistent with guidelines set forth in the 1989 Comprehensive Plan for commercial development ;
2 . that the distance from the warehouse on the site to the nearest off- site residences
appears to exceed 400 feet ;
3 . that the site is near established commercial uses, and that the property had in 1971
received a variance for use for an automobile repair business ;
4 . that the proposed use for a landscape maintenance and snow removal service business
is not as incompatible with residential uses as some other uses permitted in commercial zones might
be for this location, and that it is appropriate to limit the uses of the site to those set forth in the
proposed local law which follows in this resolution ; and it is further
RESOLVED, that the Planning Board recommends to the Town Board that the General Site Plan
for said zone, entitled " Site Plan, No . 1428 Danby Road" , prepared by Rice Landscaping, Inc . , Nancy
Rice , dated September 3 , 1997 be approved, and recommends that the Town Board establish said
zone pursuant to the proposed local law which follows :
" TOWN OF DANBY
LOCAL LAW NO. OF 1997
A LOCAL LAW AMENDING THE TOWN OF DANBY ZONING ORDINANCE
RELATED TO THE EXPANSION OF COMMERCIAL ZONE " B2 " , ON DANBY ROAD
NEAR MUZZY ROAD
Section 1 . The Zoning Ordinance of the Town of Danby as reenacted and readopted by the Town
Board on December 11 , 1991 , is further amended as follows :
1 . Commercial Zone B-2 , located on the east side of Danby Road near its intersection with
Muzzy Road, is hereby expanded to the west to include Town of Danby Tax Parcel No . 2 . - 1 -26 . 1 ,
which is known as 1428 Danby Road and which was previously zoned Low Density Residential
Zone, with the boundaries of said expansion area 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 expansion of Commercial Zone B-2 as set forth •
in this local law.
3 . Permitted principal and accessory uses in said zone expansion are the following, except as
may be authorized upon further application to and approval by the Town Board :
(a) a landscape installation, maintenance and snow removal service business with an
accessory wholesale nursery ;
(b) those uses which are permitted in High Density Residential Zones ;
(c ) parking and off-street loading areas for motorized vehicles, accessory storage
buildings, and advertising sign boards , as subject to the further requirements of this
ordinance for such uses in Commercial Zones . Any outside storage of landscaping
materials such as topsoil , and any receptacles for waste disposal, shall be suitably
screened so as not to create a visual detriment to neighboring properties .
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October 1 , 1997
4 . The placement of a new sign on the preexisting sign posts, which are located approximately
five feet within the N . Y. State Route 96B right of way line , is permitted notwithstanding the fact
that the sign post location does not comply with the current minimum setback requirement for signs
set forth in this ordinance , provided that said sign placement complies with all other requirements
for signs set forth in this ordinance , and with all pertinent requirements of the N . Y . State Dept . of
Transportation..
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 State of the State of New York, whichever is later.
SCHEDULE A
DESCRIPTION OF LANDS BEING REZONED FROM LOW DENSITY RESIDENTIAL
ZONE TO BECOME AN EXPANSION OF COMMERCIAL ZONE B - 2
ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Danby, County of Tompkins
and State of New York, being more particularly shown on a survey map entitled " Survey Map, No .
1428 Danby Road, Town of Danby, Tompkins Co . , N . Y. " , dated Aug . 9 , 1980 , amended Aug . 14 ,
1980, by Clarence W. Brashear, L. L. S . , filed in the Tompkins County Clerk's office in Book 431 of
Deeds at Page 732 , and according to which survey the property is described as follows :
BEGINNING at a point in the center line of Danby Road, which point is 247 . 7 feet
northwesterly of the centerline of Muzzy Road at its intersection with Danby Road, thence north 82
degrees west along a southerly boundary of lands reputedly owner by Hiney a distance of 412 .7 feet;
thence south 5 degrees 53 minutes west along an easterly boundary of lands reputedly owned by
Hiney a distance of 334 . 5 feet; thence north 84 degrees 26 minutes east along a northern boundary
of lands shown on said survey map as reputedly owned by McDonald and presently reputedly owned
by McBride a distance of 476 feet to the center line of Danby Road ; thence northwesterly along the
center line of Danby Road a distance of 247 . 7 feet to the point or place of beginning . "
A vote on the resolution resulted as follows :
Catlin Aye
Dotson Aye
Farrell. Aye
Hansen Aye
Roe Aye
Weitzel Aye
Horst Aye Carried Unanimously
• ADJOURNMENT :
On a motion the meeting adjourned at 8 : 37 P . M .
del°11
Carol W . Sczep . s . i , Secretary
rein- 10- 1 . 97