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HomeMy WebLinkAbout2001-04-30 1 Planning Board Minutes Special Meeting April 30, 2001 TOWN OF DANBY PLANNING BOARD MINUTES APRIL 30, 2001 SPECIAL MEETING PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen, Daniel Klein, Olivia Vent, Robert Roe, Nancy Weitzel Absent : Olivia Vent Others Present : Supervisor Edward Inman Code Enforcement Officer - Susan Beeners Secretary - Carol Sczepanski The meeting was called to order at 7 : 34 p. m . to review two proposed local laws . The Board reviewed the proposed local law entitled : "Amending the Zoning Ordinance and Zoning Map to Remove Provisions That Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads Shown as a Solid Line on the Zoning Map , and to Modify Certain Provisions related to Pre-existing Lots Nonconforming Lots of Record . The Planning Board adopted the following resolution . RESOLUTION NO. 1 OF APRIL 30, 2001. Determination of Environmental Significance related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record By : Dan Klein : Seconded by Olivia Vent WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record ; and WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report thereon ; and WHEREAS, the proposed local law is an Unlisted Action for which the Town Board is legislatively determined to act as Lead Agency in environmental review ; and for which the Planning Board is an involved agency in making a report to the Town Board; and the Tompkins County Department of Planning is an involved agency with respect to General Municipal Law 239-m review; and WHEREAS, the Planning Board has reviewed the proposed local law, as revised through April 26, 2001 with such revision incorporating revisions suggested by the Town Attorney; and has also reviewed the Environmental Assessment review prepared by the Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board reports to the Town Board that it recommends that a negative determination of environmental significance be made for this Unlisted action . 2 Planning Board Minutes Special Meeting April 30, 2001 A roll call vote on the resolution resulted as follows : Farrell Aye Hansen Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously RESOLUTION NO. 2 OF APRIL 30, 2001 Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record By Dan Klein : Seconded by Chairperson Gilbert WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record; and WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report thereon; and WHEREAS, the proposed local law is an Unlisted Action for which the Town Board is legislatively determined to act as Lead Agency in environmental review ; and for which the Planning Board is an involved agency in making a report to the Town Board ; and the Tompkins County Department of Planning is an involved agency with respect to General Municipal Law 239-m review ; and WHEREAS, the Planning Board has reviewed the proposed local law, as revised through April 26, 2001 with such revision incorporating revisions suggested by the Town Attorney; and has also reviewed the Environmental Assessment review prepared by the Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board recommends enactment of a local law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes , Frontage Dimensions , and Setbacks in the Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre- Existing Lots and Nonconforming Lots of Record . Discussion : Robert Roe suggested that the medium density should remain as is in the present ordinance as they stand alone . Dan Klein supports the resolution as is . The Board removed the amendment from the medium density zone . A roll call vote on the resolution resulted as follows : Farrell Nay -I- 3 Planning Board Minutes Special Meeting April 30, 2001 Hansen Aye Klein Aye Roe Nay Vent Aye Weitzel Aye Gilbert Aye Carried The following resolution was placed before the Board for discussion and consideration : RESOLUTION NO. 3 OF APRIL 30, 2001 Further Report to Town Board related to Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in Medium and Low Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record By Dan Klein : Seconded by Olivia Vent RESOLVED, that the Planning Board recommends enactment of a local law Amending the Zoning Ordinance and Zoning Map to Remove Provisions that Presently Reduce Lot Sizes, Frontage Dimensions, and Setbacks in the Medium Density Residential Zones along Existing Roads shown as a Solid Line on the Zoning Map, and to Modify Certain Provisions related to Pre-Existing Lots and Nonconforming Lots of Record . A roll call vote on the resolution resulted as follows : Farrell Nay (Four(4) Nays - Three(3 ) Ayes Hansen Nay Klein Aye Roe Nay Vent Aye Weitzel Nay Gilbert Aye Defeated A proposed local law entitled : "Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area" , was discussed by the Board. Chairperson Gilbert reported that this appears as semantics to the Town Board but more time is needed to investigate the impact on the community and the comprehensive plan . The Board could not make a favorable recommendation at this time and reported that this change would not be consistent with current planning concepts to encourage density near traditional population centers . Corrected Vote - May 1. 4, 2001 At a public hearing held by the Town Board on May 14 , 2001 the vote transmitted to the Town board was reviewed and corrected as follows : RESOLUTION NO . 4 OF APRIL 30, 2001 Report to Town Board Related to Proposed Local Law Amending the Zoning Ordinance to Eliminate Medium Density Residential Zones from the Commercial Target Area By Bob Roe : Seconded by Nancy Weitzel WHEREAS, the Town Board of the Town of Danby has transmitted to the Planning Board for its recommendation a Proposed Local Law Amending the Zoning Ordinance and Zoning Map to Eliminated Medium Density Residential Zones from the Commercial Target Area; and WHEREAS, Section 1200 of the Town of Danby Zoning Ordinance provides that proposed 4 Planning Board Minutes Special Meeting April 30, 2001 amendments or changes to the Zoning Ordinance be referred to the Planning Board for a report thereon; and WHEREAS, the proposed local law is a Type I Action for which the Town Board is legislatively determined to act as Lead Agency in environmental review; and for which the Planning Board is an involved agency in making a report to the Town Board ; and the Tompkins County Department of Planning is an involved agency with respect to General Municipal Law 239-m review; and WHEREAS, the Planning Board has reviewed the proposed local law and has also reviewed the Long Environmental Assessment Forms and review prepared by the Code Enforcement Officer; NOW, THEREFORE, IT IS RESOLVED, that the Planning Board reports to the Town Board that it cannot make a favorable recommendation at this time as it is not consistent with current planning concepts encouraging density in or near traditional population centers . A roll call vote on the resolution resulted as follows : Farrell Aye Hansen Aye Klein Nay Roe Aye Vent Abstained Weitzel Aye Gilbert Aye Carried With Reservations Adjournment : On a motion the meeting adjourned at 9 : 45 p . m . ! � a • A - ' • t „ . - . • Carol W . Sczepans. ) town Clerk spm-4-30 . 01