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HomeMy WebLinkAbout2000-05-17 619 1 Planning Board Minutes Public Hearing-Frog Haven May 17, 2000 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING MAY 17, 2000 FROG HAVEN PROPOSAL PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell, Linda Hansen, Robert Roe, Nancy Weitzel ABSENT : Olivia Vent, Daniel Klein Others Present: Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski Applicants - Elizabeth Griffin & Sabine Lessmeister Members of the Public : Dale Burgess Communications : Affidavit of Publication Affidavit of Neighbor Notification Tompkins County Planning Department Review of 239-1&m Public Hearing Declared Open : Chairperson Laurene Gilbert declared the public hearing open at 7 : 07 p.m. and read the following public hearing notice : "PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, May 17 , 2000 at 7 : 00 p . m . at 1830 Danby Road, Ithaca, New York to Consider a request for a Special Permit for the proposed use of an existing residence as a bed and breakfast dwelling, located at 578 West King Road, Town of Danby Tax Parcel No . 1 . - 1 - 12 . 2 , Elizabeth Griffin and Sabine Lessmeister, owners . All interested persons will be given the opportunity to be heard either in person or in writing . A regular meeting of the Planning Board will follow the public hearing. Dated : May 10, 2000 Published : May 12 , 2000 " Susan Beeners reported that the house and property at 578 West King Road is well suited for a bed and breakfast. There is a shared driveway with a neighbor and the owners of 578 West King Road have agreed to maintain all parking on site . The County Planning Department has sent a letter that stating that their review of the proposed project of the SS 239-1 and m will have no significant deleterious impact on intercommunity, County or State interests. No public addressed the Planning Board with comments on the proposed project . Public Hearing Declared Closed : Chairperson Gilbert closed the public hearing at 7 : 15 p .m . / , 4 / . , • / ' Il ./ phm-b&B . 00 Carol W . Sczepans '/ - cretary 620 1 Planning Board Minutes May 17 , 2000 TOWN OF DANBY PLANNING BOARD MINUTES MAY 17, 2000 Regular Meeting PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen, Robert Roe, Nancy Weitzel ABSENT : Olivia Vent Daniel Klein Others Present : Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski Members of the Public : Dale Burgess , Elizabeth Griffin, Sabine Lessmeister Following a public hearing for Frog Haven Bed and Breakfast, Chairperson Laurene Gilbert called the regular meeting of the Planning Board to order at 7 : 15 p . m . FROG HAVEN BED & BREAKFAST RESOLUTION NO. 9 OF THE YEAR 2000 APPROVAL OF SPECIAL PERMIT - FROG HAVEN BED & BREAKFAST By Robert Roe : Seconded by Nancy Weitzel WHEREAS, this action is the consideration of issuing a Special Permit for the proposed use of an existing residence as a bed and breakfast dwelling, located at 578 West King Road, Town of Danby Tax Parcel No . 1 . - 1 - 12 .2 , and WHEREAS, this is a Type II action for which no further environmental review is required ; and WHEREAS, the Town of Danby Planning Board on May 17 , 2000 has held a public hearing on this matter; now, therefore , it is RESOLVED, that the Town of Danby Planning Board grants a Special Permit to Elizabeth Griffin and Sabine Lessmeister, owners of the subject residence at 578 West King Road, Town of Danby Tax Parcel No . 1 . - 1 - 12 .2 , for use of the residence as a bed and breakfast dwelling, subject to the following provisions : 1 . All parking needs shall be met on-site . 2 : Signage identifying the bed and breakfast dwelling shall be limited to a total of 10 square feet, as provided for home occupations . A roll call vote on the resolution resulted as follows : Farrell Aye Hansen Aye Hansen Aye Weitzel Aye Gilbert Aye Carried Unanimously Approval of April 19 , 2000 Planning Board Minutest A motion was made by Robert Roe and seconded by Nancy Weitzel to approve the April 19 , 2000 Planning Board Minutes as published. 621 2 Planning Board Minutes May 17 , 2000 Carried Unanimously REPORTS : Tompkins County Planning Federation Meeting Linda Hansen reported that at the Tompkins County Planning Federation Meeting Monica Roth addressed the meeting with a process report on the effect of the revaluation of the vacant (open) lands I iii in Tompkins County . She suggested that the Planning Board consider asking her to come to a meeting . Stephen Wicher spoke to the group about the revaluation and the process for assessing agricultural lands and available exemptions. Danby is one of the does not allow exemptions for the Town fire tax on vacant land. George Franze explained the PDR or PACE programs (vacant land exemptions) . Chairperson Gilbert suggested that a public meeting with Monica Roth and George Franze be arranged and maybe invite land owners involved in agriculture to discuss vacant land options . Sketch Plan Review - Burgess Subdivision Gary Burgess submitted a sketch plan for a minor subdivision at the corner of East Miller and Coddington Road on Town of Danby Tax Parcel No . 6 . - 1 -28 located at 1568 Coddington Road . His proposal is for a minor subdivision to create a lot of approximately 1 - 1 /2 acres from a 13 . 74 +/- lot . Susan Beeners presented a preliminary survey submitted by Gary Burgess showing the proposed subdivision. Due to the slopes on the East Miller side of the property it is necessary to hold a public hearing for the Board to consider a minor subdivision of this property. The Board reviewed the proposal and Gary Burgess explained the proposed subdivision to the Board and stated that he will purchase the remaining 12 . 74 +/- land. Motion to Schedule a public Hearing - Burgess Proposal A motion was made by Robert Roe and seconded by Nancy Weitzel that the Planning Board of the Town of Danby schedule a public hearing for Wednesday, May 31 , 2000 at 6 :45 p .m. to consider the proposed subdivision of a 1 -acre lot containing an existing house and accessory buildings located at 1568 Coddington Road, near East Miller Road from Town of Danby Tax parcel No . 6 . - 1 -28 , 13 . 7+/- acres total . Beverly J . Burgess, owner; Gary L . Burgess, applicant. A Special Meeting will follow the public hearing . A vote on the motion resulted as follows : Carried Unanimously Tompkins County Municipal Association(TCOMA) - Report Bob Roe reported on items on the TCOMA agenda at the last meeting on May 16 . The County has new aquifer maps and the Town Clerk was instructed to order them for the Town. There was an update on the revaluation and assessment issue and a formal response in writing was received from the Division of Assessment. Many residents contested their revlluation and applied for reassessment before the official grievance day. Numbers were inconclusive as to the number that were lowered . Tompkins County EMC Report Bob Roe reported that the EMC will receive a presentation on the UNA Study that was completed this year. He suggested to the EMC that it be presented to the Planning Board and the Town Board if it can be worked into one of the agenda' s . The EMC did pass a resolution recommending to the Board of Representatives that Cornell seek a different solution and construct a proper site for remediation of the Cornell Radiation Dump site . Proposed Local Law Providing for the Repair or Removal of Unsafe Buildings and Collapsed Structures - Review A public hearing has been scheduled by the Town Board for a proposed local law "A Local Law Providing for the Repair or Removal of Unsafe Buildings and Collapsed Structures . Bob Roe said he thought that the issue of repair or removal of unsafe buildings was already covered in our zoning regulations . . 1 3 Planning Board Minutes May 17 , 2000 Code Enforcement Officer said that it was not covered and the zoning ordinance . The provision in the ordinance says that any building destroyed shall be demolished within one year unless repairs have begun. It did not give any reference to the enabling State laws than allow Towns to go in and collect the costs of demolition or the securing the building. Our Town Attorney is writing a local law for Spencer (Town or Village) and she suggested that the Town Attorney do one for the Town of Danby . The Town needs some criteria and procedures in addition to the State law and this local law would allow the Town to retain an expert to back her up in a decision that a structure might be unsafe . Robert Roe said that he has problems with this local law. This will target the residents who are least able to comply, i .e . our elderly, poor and minority residents . He would like it to refer to abandoned buildings and those not maintained by ex- patriot or non-resident property owners and would not be willing to support this law in it' s present form. Linda Hansen agrees with Bob that to demolish a building does cost a lot of money and would like to see the Town be able to help with the cost for persons who do not have funds to comply . The Planning Board reviewed the proposed local law and discussed the following concerns with this type of a local law. 1 ) Should there be written complaints or is this one of those anonymas complaint things? 2) Most of the junk complaints are directed to poor people . 3 ) It is costly to remove junk, secure buildings, or demolish structures . 4) There must be some responsibility for undertaking these procedures . 5 ) The Code Enforcement Officer gets to make the determination to the Town Board . 6) Can volunteers help? 7) It is necessary to secure and board up vacant and damaged buildings? 8 ) This local law has no inbuilt safeguards to prevent it from being used in a prejudicial manor. 9) Should not be instigated by anonymous complaint but documented complaint . 10) It does not take into account the variety of life styles of people in Danby . It appears to try to make everybody conform to a particular standard . 11 ) There are no safeguards built in for persons on fixed or limited incomes, i . e . the elderly, the poor, sick or minorities . 12) No specificity in terms of what is good cause and no explication or what could constitute it . There is no criteria by which these things will be assessed . Nancy Weitzel said that there were places that a little cleare ordinance we already have in place . It would make more s ense to make the Ordinance Susan reminded the Board that this law does not just apply to abandoned or vacant buildings but all buildings . Bill Farrell said that if someone enters a private property they are trespassing. You just don ' t go on to other peoples property . Concerns to be forwarded to the Town Board : The Planning Board reports and recommends that there be further study with this law particularly with respect for the consideration of a need to the following : 1 ) Account for the variety of standards and lifestyles 2) A need to consider the financial impacts of demolition disposal , reclaiming or repair on the varied economic levels and lifestyles of Danby residents and/or property owners . 3 ) A need for safeguards for people with limited incomes, elderly minorities and sick. 4) A need to insure that there are criteria for assessing the condition of the property as well as criteria such as " good cause" . , 4 Planning Board Minutes May 17, 2000 5 ) That the Board take positive steps to assist people owning structures that fall within this criteria. 6) Complaints should be documented in writing rather than anonymous . Bill Farrell asked that the Board deal with applications that are before the Board as a first item at meetings so that applicants do not have to sit through many reports and miscellaneous items . On a motion the meeting adjourned at 9 : 00 p .m . Respectfully submitted, difilj L Carol W . Sczepans Secretary min-5 - 17-00