HomeMy WebLinkAbout1997-10-27 767
1 Public Hearing Minutes
Rice Landscaping
October 27 , 1997
TOWN OF DANBY
PUBLIC HEARING MINUTES
OCTOBER 27, 1997 - RICE LANDSCAPING
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
Nancy Rice & Karl Kayser - Rice Landscaping Representatives
Attorney John Barney
Members of the Public :
Scott Hoffay, Robert Roe
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, October 27 , 1997 at 6 : 00 P . M . , Danby School Building, 54A Gunderman
Road, Ithaca, New York 14850 . Purpose of the hearing is to consider approval of the general site
plan and enactment of a local law amending the Zoning Ordinance 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 , for use of the existing warehouse on the property
for a landscaping and snow removal service business . Timothy Chiasci , property 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 Town Board will follow the public hearing at 6 : 30 p . m .
By order of the Town Board
Carol W . Sczepanski, Town Clerk
Dated : October 14 , 1997
Published : October 16 , 1997 "
Communications Received :
1 ) Affidavit of Service By Mail - Filed and posted October 17 , 1997
2) Affidavit of Transmittal to the Town Supervisor and Councilpersons - October 8 , 1997
and filed on October 17 , 1997
No public appeared before the Board at the public hearing .
Nancy Rice and Karl Kayser were present to answer questions from the Board .
Nancy Rice said that at the present the property is zoned for an auto body repair shop . The Rice
Landscaping business is primarily a home based business for landscaping business and snow
removal . Their goal is to improve the property and the site by painting the buildings and cleaning
up the site . They have never owned their own property and want to be a good neighbor to Danby .
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2 Public Hearing Minutes
• Rice Landscaping
October 27 , 1997
Public Hearing Declared Closed :
Supervisor Oltz declared the public hearing closed at 6 : 20 P . M . i i
dirded.),9 d )y Car ol W . Scze Town Clerk
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TOWN OF DANBY
TOWN BOARD MEETING
OCTOBER 27, 1997
SPECIAL MEETING
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
Nancy Rice & Karl Kayser - Rice Landscaping Representatives
Attorney John Barney
Members of the Public :
Scott Hoffay, Robert Roe
Supervisor Mary Oltz called the special meeting of the Town Board to order at 6 : 30 P . M .
Rice Landscaping Proposal for Rezoning and Proposed Local Law
The Board reviewed the Rice Landscaping Proposal
The Board reviewed the application of Rice Landscaping requesting the rezoning of Town of Danby
Tax Parcel No . 2 . - 1 -26. 1 from Low Density Residential Zone to Commercial Zone B located at 1428
Danby Road .
Councilperson Schwartz asked that language be included to the proposed resolution that certain types
of additions related to customary agricultural activities at Rice Landscaping in the future be
considered customary agricultural uses that would be permitted so that they would not have to come
back to the town for approval. He suggested the following language : "That it is the understanding
of the Town of Danby Town Board that horticulture and arbor culture are accepted uses in the area
to be rezoned and the adjacent zone" .
No Board member objected.
RESOLUTION NO . 63 OF 1997 - SEQR
RICE LANDSCAPING, INC. , REQUEST FOR REZONING , TAX PARCEL 2 . - 1 -26. 1 , 1428
DANBY ROAD
By Councilperson Schwartz : Seconded by Councilperson Steiner
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
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2 Town Board Minutes
October 27, 1 997
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 October 1 , 1997 has recommended that a negative
determination of environmental significance be made for the proposal and has recommended
approval of the request with various provisions ; and
WHEREAS, the Town of Danby Town Board on October 27, 1997 has held a public hearing on the
request, which hearing was duly noticed in the official newspaper of the Town; and
WHEREAS, the Town Board has reviewed the application materials along with the
recommendation from the Code Enforcement Officer that a negative determination of environmental
significance be made for this action; now, therefore, it is
RESOLVED, that the Town of Danby Town Board, acting as Lead Agency in environmental review
of this Unlisted Action, makes and hereby does make a negative determination of environmental
significance .
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
RESOLUTION NO . 64 OF 1997
RICE LANDSCAPING , INC., REQUEST FOR REZONING - TAX PARCEL
NO. 2 .- 1 -26. 1 , 1426 DANBY ROAD
By Councilperson Schwartz: seconded by Councilperson Inman
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
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
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3 Town Board Minutes
October 27, 1997
WHEREAS, the Planning Board on October 1 , 1997 has recommended approval of the request with
various provisions ; and
WHEREAS , the Town Board on October 27 , 1997 has made a negative determination for this
Unlisted Action; and
WHEREAS, the Town Board on October 27, 1997 has held a public hearing on the proposal which
hearing was duly advertised in the official newspaper of the Town; now, therefore, it is
RESOLVED, that the Town of Danby Town Board finds 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 is the understanding of the Town Board of the Town of Danby that
horticulture and arboriculture are accepted uses in the area to be rezoned and in the adjacent Low
Density Zone .
FURTHER RESOLVED , that the Town Board hereby approves the general site plan for the
proposed zone entitled " Site Plan, No . 1428 Danby Road, Tax Map Parcel #26 . - 1 -26 . 1 " , by Nancy
Rice, dated September 3 , 1997 ; and it is
FURTHER RESOLVED, that the Town Board hereby enacts Town of Danby Local Law No . 3 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" , which local law is attached to and
made a part of this resolution.
" TOWN OF DANBY
LOCAL LAW NO. 2 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 :
Town Board Minutes
4 October 27 , 1997
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; and
O 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 .
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.
5 . Any variances previously granted for the use of the subject property are hereby superseded
by this local law.
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 .
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Town Board Minutes
5 October 27, 1 997
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. "
Fieldstone Circle Conveyance of Roads
Scott Hoffay reported that he was only made aware of the terms of agreement today, October 27 ,
1997 at 4 : 00 P . M . He said that to meet the deadlines as stated in the agreement he does not think
that the time line is feasible . Giving someone an invoice requesting payment within two (2) days
is not preferred business practice .
Attorney John Barney reported that the following items have been received and reviewed .
1 ) Letter from the Highway Superintendent ;
2) Deed for the Road was executed three (3 ) years ago and is in the process of being remodified
3 ) Agreement for the maintenance of the roads ;
4) Letter of credit;
5 ) Agreement for real estate taxes ;
6) Signed release from the mortgage company (needs to be updated) .
Attorney Barney asked that a copy of the tax search be supplied to the Town.
Attorney Barney said that the maintenance agreement is secured by a $20,000 . 00 Letter of Credit and
that other charges to the project can be modified to secure legal fees and the maintenance . The
Letter of Credit can be extended for thirty (30) days if necessary to obtain the necessary signed
documents .
RESOLUTION NO . 65 OF 1997
ACCEPTANCE OF FIELDSTONE LANE AND FIELDSTONE CIRCLE
By Councilperson Inman : Seconded by Councilperson Schwartz
WHEREAS , the Town of Danby Planning Board approved a subdivision entitled " Fieldstone
Circle Subdivision " ; and
WHEREAS , as part of said subdivision public roads shown as Fieldstone Circle and Fieldstone
Lane were to be conveyed to the Town ; and
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October 27, 1997
WHEREAS , said roads were to be constructed to the satisfaction of the Town Highway
Superintendent before such conveyance ; and
WHEREAS , the Town Highway Superintendent has inspected said roads and recommended the
Town accept same provided that the Developer enters into an agreement whereby the Developer
maintains said roads and will repair or replace any defective portions of said roads until May 1 ,
1999 ; and
WHEREAS , the Developer has agreed to execute such an agreement in the form prepared by and
approved by the attorney for the Town ;
NOW , THEREFORE , it is
RESOLVED , that the Town of Danby Town Board hereby accepts the roads shown as Fieldstone
Circle and Fieldstone Lane on a subdivision map entitled " Subdivision Plat for Fieldstone Circle
Town of Danby County of Tompkins State of New York P/O Tax Map No . 2- 1 -49 . 3 P/O Deed-
L . 640/P . 928 P/O Lot 23 Northeast Quarter , Township 7 Watkins and Flint Purchase " prepared
by George Schlecht, P . E . & L . S . , dated June 24 , 1992 and filed in the Tompkins County Clerk ' s
Office in Drawer V , Sheet 134- 137 , on which plat the premises are shown as " A " Road and " B "
Road Fieldstone Circle , conditioned upon receipt by the Attorney for the Town of the following
documents in form satisfactory to him :
1 . Deed to the roads properly executed and ready for recording ;
2 . Agreement for maintenance of the roads until May 1 , 1999 ;
3 . Letter of credit for $20 , 000 securing the above agreement ;
4 . Agreement pursuant to which the Developer pays the real estate taxes on the roads
until the Tompkins County Assessment Department places the roads on the tax
exempt roles and no further taxes are assessed against them ;
5 . Mylar copies of the maps for the roads ;
6 . Certified copies of resolutions from Shelter-Tech , Inc . authorizing the transfers of
the roads and easements to the Town ;
7 . Forms TP-584 and RP-5217 properly execute d for filing ;
8 . Release of the roads from the lien of the JRC mortgage ;
9 . Tax searches showing no outstanding real estate taxes , including receipt for
payment of the 1997 school taxes ;
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Town Board Minutes
7 October 27, 1997
10 . Franchise tax search ;
11 . Check to the County Clerk for payment of all recording and filing fees ; and it is
further
RESOLVED , that if such documents are not in the hands of the Attorney for the Town by 5 P. M .
Eastern Standard Time Wednesday , October 29 , 1997 , the acceptance of the roads pursuant to this
resolution shall be null and void and the acceptance of same shall not occur until further action of
this Board ; and it is further
RESOLVED , if such documents are not received by the Attorney for the Town by such date and
time , that on Thursday , October 30 , 1997 , the Town Supervisor, or Deputy Town Supervisor be ,
and each hereby is , authorized to submit a draft on behalf of the Town of Danby to receive
$45 , 000 from the letter of credit previously posted by the Developer unless , prior to that date , the
Developer has made arrangements satisfactory to the Town Supervisor and the Attorney for the
Town extending until December 1 , 1997 , the date by which drafts must be submitted to draw on
such letter ; and it is further
RESOLVED , that the Town Supervisor be authorized to execute on behalf of the Town an
agreement with the Developer of said project pursuant to which the Developer will continue to
maintain said roads and related facilities (with the exception of snow and ice removal which will
be undertaken by the Town) and to repair or replace any defective portions of said roads and
related facilities until May 1 , 1999 ; and it is further
RESOLVED , that this acceptance is further contingent upon delivery by November 28 , 1997 , of
good funds to the Town in the amount of $3900 . 00 pursuant to Resolution #72 - 1991 reimbursing
the Town for legal fees incurred in connection with the review of various aspects of this project
including the various requests for early building permits , certificates of occupancy , letters of
credit , as well as the normal title review and related activities ; and it is further
RESOLVED , that if the funds are not received by such date , the Town Supervisor is authorized
to thaw such amount ($3900) from the Security provided above , and to demand that the security
be restored to $20 ,000 within ten days of such withdrawal ; and it is further
RESOLVED , if the Security is not so restored that , among other remedies of the Town , the Town
may withdraw the balance of such Security and place it in its own account and/or determine that
no further building permits or certificates of occupancy shall be issued unless and until such
security is restored to its full amount ; and it is further
RESOLVED , that the agreement relating to the road guarantee and maintenance referred to above
contain the provisions relating to the payment of the attorneys ' fees and consequences for non-
payment ; and it is further
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Town Board Minutes
8 October 27, 1997
RESOLVED , that the Town Supervisor be and she hereby is authorized to execute such other
documents and to take such further steps as she deems , with the advice of the Code Enforcement
Officer and the Attorney for the Town , necessary , appropriate , or advisable to effectuate the
foregoing resolutions .
A roll call vote on the resolution resulted as follows :
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Town Hall Project - Update
Project Cost Changes
Councilperson Inman reported that there have been Project Cost Changes for the Town Hall
Renovation/Addition Changes as follows :
1 ) additional 300 feet of vinyl siding and repairs to the rake returns - cost increase of $ 1 , 110 . 38
2 ) request of September 16 , 1997 from Sue Beeners - for a total cost increase of $ 148 . 97 ;
RESOLUTION NO. 66 OF 1997
AGREEMENT TO PAY MILLIGAN CONTRACTORS ADDITIONAL COSTS
By Councilperson Inman : Seconded by Councilperson Hardesty
WHEREAS, Milligan Contractors were requested to make project changes to the Town of Danby
Town Hall Renovation/Addition project , and
WHEREAS , the project changes have resulted in additional costs not included in the original
proposal , and
WHEREAS, the Town has received a bill from Milligan Contractors for additional direct project
costs in the amount of $ 1 ,259 . 35 , now be it
RESOLVED, that the Town of Danby Town Board authorize the Town of Danby Town Supervisor
to pay the Cost Proposal Numbers for CP2 , JDA1 , and CP01 additions and alterations in the
Amount of $ 1 , 259 . 35 , and it is further
RESOLVED , that this payment is to be paid from the Town of Danby Contingency Funds .
A roll call vote on the resolution resulted as follows :
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Town Board Minutes
9 October 27 , 1997
Hardesty Aye
Inman Aye
Schwartz Aye
Steiner Aye
Oltz Aye Carried Unanimously
Other Business :
Old Town Barns
Supervisor Oltz reported that she has received a letter from Olivia Vent indicating that she and her
husband are interested in purchasing the Town Highway Barns property located at 13 Bald Hill
Road . They are willing to match the previous offer of $20 , 000 . 00 for the property. They are
requesting clear title to the property without any pending means, commitment from the Town to
clean up the grounds, i . e . removing all the equipment, cinders, soot and grading the area, and written
assurance from the Town that any underground tanks that were installed have been resolved and that
any known environmental issues have been dealt with. The Town needs a purchase offer before they
can move ahead on the sale of the property. Supervisor Oltz said that she will request a purchase
offer from Olivia Vent and ask her to include the contingencies related to clearing the property.
No Board member objected.
Motion to Move to Executive Session :
A motion was made by Supervisor Oltz and seconded by Councilperson Hardesty at 7 : 15 P . M . to
move to Executive Session to discuss a matter of possible litigation .
Carried Unanimously
ADJOURNMENT :
The Board meeting was resumed and adjourned on a motion at 7 : 25 P . M .
did& •)09 artat-4.4,/
Carol W . Sczepa k , Town Clerk
min- 1 0-27 . 97
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