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HomeMy WebLinkAbout2000-08-28 1233 1 Town Board Minutes Special Meeting August 28 , 2000 TOWN OF DANBY TOWN BOARD MINUTES AUGUST 28 , 2000 SPECIAL MEETING : PRESENT : Supervisor Edward Inman • Councilpersons : Joel Gagnon, Norbert Nolte , Naomi Strichartz, Gladys Varona-Lacey Others Present : Susan Beeners- Code Enforcement Officer Carol Sczepanski - Town Clerk Dan Higgins - Ithaca Journal Reporter Members of the Public : Raymond Mayo , John Shepardson , Mary Oltz, W . J . Shippos , Roy Casterline, Ross and Elaine Cortright, Eileen Wright, Dorothy and Willard Daetsch , Howard Steiner, Simon Ungers, Janet O ' Hair, Genevieve Sanford , Esther Dotson, Walter Sczepanski , Ames Brown, Al Becker, Richard Oltz, Bill Farrell Supervisor Edward Inman called the special meeting of the Board to order at 7 : 05 p . Makarainen Road Susan Beeners presented the Board with information regarding the status of Makarainen Road and where the actual turn-around is shown on the County Maps . Mr . Simon Ungers has requested a variance to build an assessory building on his property and shares an easement on the abandoned road. The Board viewed the survey map of the Ungers property . By moving the abandoned road to the site shown on the County 1978 map would eliminate the set back problem for Mr . Ungers . Simon Ungers reported to the Board that he prefers that the road be officially abandoned at the point we had to reconstruct the driveway . Abrams has access there and he said he did not see a problem and it is not landlocked as they have shared access for the back properties . He said that there is some urgency to his request as he would like to add a caretakers cottage to the present building . Supervisor Inman said that this meeting is for discussion and the official ruling regarding the road abandonment will be at the regular board meeting . Mr . Abrams is not here and it is unknown whether he has been notified . He suggested that Mr . Ungers observe the setbacks whether it is a road that continues on or whether it is an abandoned road with the setbacks from the center of what did exist as the Makarainen Road . Code Enforcement Officer Susan Beeners said that she had not been directed to notify the adjoining landowner with the issue of Makarainen Road abandonment . Supervisor Inman directed the Code Enforcement Officer to notify the adjoining property owners before the next meeting that the Town was going to officially abandon Makarainen Road as the Town has not maintained the road in more than six (6) years and the road is plowed only to the turn -around site . The request for abandonment may require a public hearing as it will be a change to the Official Town Map . Mr. Ungers reported to the Town Board that his offer stands that if the Town agrees to abandon the road at the first turn around he will deed that turn-around to the Town of Danby . Proposed Noise Ordinance Councilperson distributed a new version of the proposed Noise Ordinance . The difference in the new version is that instead of the supervisor issuing or denying permit applications it will be the Town Clerk . Should there be an appeal to the permit the appeal would be made to the Town Board . 23 2 Town Board Minutes Special Meeting August 28 , 2000 Motion to Accept the Proposed Noise Ordinance Draft A motion was made by Councilperson Strichartz and seconded by Councilperson Gladys Varona- Lacey that the Town Board of the Town of Danby accepts the Draft Noise Ordinance as revised with the above mentioned change and finds the document ready to schedule a public hearing . A roll call vote on the motion as follows : 1 Gagnon Aye I Nolte Aye l Strichartz Aye i Varona- Lacey Aye Inman Aye Carried Unanimously Motion to Set Public Hearing Date for Proposed Noise Ordinance A motion was made by Councilperson Gagnon and seconded by Councilperson Strichartz that the Town Board of the Town of Danby sets the public hearing date of September 1 1 , 2000 at 7 : 00 p . m . for the Proposed Noise Ordinance . A roll call vote on the motion as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye Inman Aye Carried Unanimously REVIEW OF PROPOSED LOCAL LAWS AMENDING THE ZONING ORDINANCE : I DRAFT LOCAL LAW ENTITLED : A LOCAL LAW AMENDING THE ZONING ORDINANCE TO ELIMINATE THE COMMERCIAL TARGET AREA FROM MEDIUM DENSITY RESIDENTIAL ZONES Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , as subsequently amended from time to time, be and the same hereby is further amended as set forth in the following section . Section 2 . ARTICLE VI, Section 603 , subparagraph 1 entitled " LOCATION OF COMMERCIAL TARGET AREA" , is hereby amended to read as follows : " 1 . LOCATION OF COMMERCIAL TARGET AREA . The areas shown on the Town of Danby Zoning Map designated High Density Residential Zones are the Commercial Target Area . " Section 3 . Article IV , Section 401 , is amended to read as follows : INSERT ARTICLE 14 , SECTION 401 2 . The Commercial Target Area consists of the High Density Residential Zones shown on said map . Section 4 . If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law . Section 5 . This local law shall take effect upon its publication as required by law . Discussion : Councilperson Gagnon said that the reason for this proposal relates to the experience with businesses . . f ■ 1235 3 Town Board Minutes Special Meeting August 28 , 2000 growing in out of the way parts of Town where the impacts of neighbors and the roads were beyond what we anticipated when the medium density zones were developed . He believes that the Town should concentrate the commercial activity more along the main traveled roads . Councilperson Strichartz said that according to the residents survey people did not favor development the rural roads but more in commercial zones or on the main roads to maintain the rural charactor of the Town. Another point is that when people look to buy land to build their homes here, if they think they will be a target they may not buy land here . Planning Board Member Bill Farrell reported that at the Planning Board the suggestion was made to remove the word "target" and refer to it as location of commercial area . Members of the public expressed the concerns that if the high density areas were removed along our rural roadways that the only commercial area in the Town would be in the center of Town . Motion to Refer the Proposed Local Law A Local Law Amending the Zoning Ordinance to Eliminate the Commercial Target Area From Medium Density Residential Zones to the Planning Board for Review : A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey to refer the proposed local laws to the Planning Board for their input . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye Inman Aye Carried Unanimously Susan Beeners asked the Board if the Planning Board should due the SEQR review on the proposed local law . Comprehensive Plan Update Susan Beeners reported that the Planning Board hold meetings for public input and there will be public forums to gather information for the Comprehensive Plan . The delay in the process is due to the turnover of Tompkins County Circuit Riders . A PROPOSED LOCAL LAW AMENDING THE ZONING ORDINANCE TO INCREASE MINIMUM LOT SIZES IN LOW AND MEDIUM DENSITY RESIDENTIAL ZONES AND TO ELIMINATE THE PROVISIONS REDUCING LOT SIZES AND DIMENSIONS ALONG EXISTING PUBLIC ROADS Section 1 . The Zoning Ordinance of the Town of Danby adopted December 11 , 1991 , as subsequently amended from time to time, be and the same hereby is further amended as set forth • in the following sections . Section 2 . ARTICLE VI, Section 600 , subparagraph 4 entitled "REQUIRED LOT AREA ", is hereby amended to read as follows : "4 . REQUIRED LOT AREA . Lot area shall be not less than five acres with frontage of not less than two hundred feet, and a lot depth of not less than three hundred feet . " Section 3 . ARTICLE VI, Section 600 entitled "LOW DENSITY RESIDENTIAL ZONE" , is hereby amended by deleting in its entirety subparagraph 6 entitled " REDUCTION OF LOT AREA FRONTAGE AND SIDE YARDS ALONG STREETS " and by renumbering the succeeding subparagraphs 7 (entitled " SIGNS "), 8 (entitled " HEIGHT' ') and 9 (entitled "BUILDING AREA") to be subparagraphs 6 , 7 , and 8 respectively . I m 1236 4 Town Board Minutes Special Meeting August 28 , 2000 Section 4 . ARTICLE VI, Section 601 , subparagraph 4 entitled " REQUIRED LOT AREA " , is hereby amended to read as follows : "4 . REQUIRED LOT AREA . Lot area shall be not less than three acres with frontage of not less than one hundred fifty feet, and a lot depth of not less than two hundred feet . " Section 5 . ARTICLE VI, Section 601 entitled "MEDIUM DENSITY RESIDENTIAL ZONE" is hereby amended by deleting in its entirety subparagraph 6 entitled "REDUCTION OF LOT AREA AND SIDE YARDS ALONG STREETS " and by renumbering the succeeding subparagraphs 7 (entitled " SIGNS ") , 8 (entitled "HEIGHT") and 9 (entitled " BUILDING AREA ") TO BE SUBPARAGRAPHS 6 , 7 , AND 8 RESPECTIVELY . Section 6. If any provision of this local law is found to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law. Section 7. This local law shall take effect upon its publication as required by law . Discussion : Councilperson Gagnon reported that what the Town really wants to do is cluster houses on land . We don ' t necessarly want to require large lots . What we propose to do by changing the lot area from two acres to five acres, from one and one half to three is to change the density in those zones to those densities . This allows for clustering alternatives . Councilperson Strichartz said that the thing about the lot size is actually separate but yet connected to the question of density . Her objection to what has happened is that we are being deceiptful because we are high density everywhere with high density along the roadways that allows one acre lots in medium and low density zones . A growing concern is water supply on small lots and in high density areas . Howard Steiner said that some serious investigation and considerations should be given to the financial impact of all the citizens in this town who are not as affluent as others who can afford to pay higher taxes . He asked the Board to seriously consider the impact to those in the community that cannot afford to pay higher taxes . Bill Farrell said that you will have people looking for acreage and some that want only one small lot . There is no other town around that limits five acre lots . He said that he does not see any reason for five (5 ) acre lots . Ames Brown said that he couldn ' t imagine who could buy a five (5 ) acre lot unless it were a very wealthy person . We are driving people who do live here now away . Councilperson Inman - speaking as a resident - reported that when at first the five ( 5 ) acre lots provision was proposed that he attended every meeting and faught against it . He said that if he wanted to develop he probably would offer five (5 ) acre lots but did not want to be restricted to it and still feels the same way . Councilperson Nolte said that what he is hearing is that half of the residents present believe that we would be better off without any rules and regulations about what we can do with our land . He said it is not possible to have a discussion coming from such an extreme point of view . He said he cannot imagine what the Town would look like in the future if there was no zoning. When he purchased his land he assumed that the density would stay the same for his property . He said he has a hard time with the five (5 ) acre concept . Councilperson Strichartz said that the Board should try to discuss what the minimum lot size should be . She thinks that the majority of people who live here would like to see differences in the density . 1237 5 Town Board Minutes Special Meeting August 28 , 2000 Gladys Varona-Lacey said that if you purchase property under the present density rule that should apply when you need to use the land . Councilperson Gagnon said that there were lots of record provisions and a variance procedure if there were an unreasonable hardship . What we are trying to address in the overall big picture what kind of densities are consistant with everybodys desire to preserve the rural charactor of Danby . Supervisor Inman said that what he was asking for was to eliminate the 400 foot high density strip along each side of a road and make the road frontage requirement for low density of 200 feet and and two acres ; for medium density one hundred fifty feet frontage with one and one half acres . Councilperson Strichartz said that she feels that a five acre lot requirement is too large . She asked the Board to consider the 400 foot regulation of high density along Town Roads and the lot size issue seperately . Councilperson Nolte said that he would like to keep the lot sizes the same and do away with the 400 foot high density area along Town roads in medium density zones and low density zones . Councilperson Gagnon said that we will have to rewrite the proposed local law as there are multiple refrences in the ordinance and will need to be deleted . He said he would work with the Code Enforcement Officer to make the deletions and bring it back to the Board before it is sent to the Town Attorney for review. Supervisor Inman said that when the appropriate changes have been made it will be reviewed by the B oard . L and Search Committee : E sther Dotson approached the Board with a request for endorcement of the Town Board for application for funds tothe New York State Office of Parks Recreation and Historic Preservation . It is a request for funds to acquire the land for a Danby Community Park . The grants are for matching funds for expenses incured . Only 80 acres of the 90 acres is included in the proposal for a park. There will be land available for a future needs of the Danby community . Supervisor Inman met with members of the Land Committee and the Code Enforcement Officer and the grant application was discussed . The Town has $2 , 000 in a grant account that was set aside for cost sharing grants . Community Council and the Land Committee have raised approximately $ 6 ; 000 ; and the tax exempt amount from the Town Tax Roll are items that can be used for matching funds . Other matching funds will be raised by a Danby Parks Commission with representation from Danby organizations, i . e . Danby Fire Department , Senior Citizens , Danby Federated Church , etc . to work with the grant . TOWN OF DANBY RESOLUTION NO . 65 of 2000 DANBY COMMUNITY PARK By Supervisor Inman : Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby hereby authorizes and directs Edward Inman, Town of Danby Supervisor, to file an application for funds from the New York State Office of parks, Recreation and Historic Preservation in accordance with the provisions of Title 3 of the Environmental Protection Act , in an amount not to exceed $ 350 , 000 , and upon approval of said request to enter into and execute a project agreement with the State for financial assistance to the Town of Danby for acquisition of approximately 80 acres of vacant land located in back of the Danby Federated Church for a park to be called the Danby Community Park, and be it further RESOLVED, that a committee will be formed consisting of Town of Danby residents for the purpose of raising and receiving tax free donations for matching funds for the project, and further RESOLVED, that the Town Supervisor is directed to set up a special account to receive funds for 1238 6 Town Board Minutes Special Meeting August 28 , 2000 the project, and further RESOLVED, that funds in the Town of Danby Grant Account in an amount not to exceed $ 2 , 500 (twenty-five hundred dollars) will be made available if necessary as matching funds for the project and that no additional matching funds will be provided by the Town . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye Inman Aye Carried Unanimously Committee For N . Y . S . 96B Speed Limit Reduction Request Supervisor Inman said that we are gathering letters and information related to the reduction of the speed limit on N . Y . S . 96B Speed Limit . He would like to have a committee present the Town Board with a presentation and information . He would like the issure placed on the September Town Board Agenda. ADJOURNMENT : On a motion the meeting adjourned at 9 : 40 p . m . &Cif) Carol W . Sczepan Town Clerk min- 8 - 28 . 00