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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 . 7 6 8 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 phm-rice . 97 1 ! i 1 ji :; jl I" , , . 1 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 r 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 ti 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 . • 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 6 Town Board Minutes 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 ; a t 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 • • V 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 : . :. 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 1