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HomeMy WebLinkAbout2001-07-18 653 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - HENRY JULY 18, 2001 PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen , Daniel Klein, Robert Roe , Olivia Vent, Nancy Weitzel Others Present: Carol W . Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Applicant - James Henry Members of the Public : Approximately thirty (30) local residents were in attendance for presentation by the New York State Department of Conservation on gas wells and drilling scheduled to follow the public hearing. Communications Received : Notice of Publication Affidavit of Notification by Mail to Neighbors Tompkins County Planning Department Review Pursuant to SS239- 1 Public Hearing Declared Open : Chairperson Laurene Gilbert declared the public hearing open at 7 : 02 p . m . and read the following Notice of Hearing : "PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, July 18 , 2001 at 7 : 00 p . m . at 1830 Danby Road, Ithaca, New York to consider a request for Special Permit for the proposed construction of a second detached single-family dwelling at 1118 Autumn Ridge Lane (formerly known as 1000 Coddington Road), located on the south side of Coddington Road west of German Cross Road, town of Danby Tax parcel No . 4 . - 1 -6. 2 . Property Owners : James Henry, Sheri Johnson , Fred Johnson and Ethel Johnson . All interested persons will be heard either in person or in writing. A Special meeting of the Planning Board will follow the public hearing . " Dated July 10, . 2001 Published July 12 , 2001 No members of the public addressed the Board with comments on the request for a Special Permit . Public Hearing Declared Closed : Chairperson Laurene Gilbert declared the public hearing closed at 7 : 08 p . m . (Ideal .421 id tV{41) p henry . 01 Carol W. Sczepan ,, , ecretary 1 Planning Board Minutes July I8 , 2001 TOWN OF DANBY PLANNING BOARD MINUTES JULY 18, 2001 PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Linda Hansen , Daniel Klein , Robert Roe , Olivia Vent, Nancy Weitzel Others Present : Carol W . Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Ames Brown, Robin & Kieth Kreider, Kathy & Bill Halton , Richard Hautala, Richard Oltz, Walter Sczepanski , Al Becker, James Henry, Mary Woodean , Debbie Benson , Sarah Hollyday, Gladys Varona- Lacey, Naomi & Bob Strichartz, Jennifer Tiffney, Jo Ann Ekdall , Ric Dietrich , Thom & Bridgid Cooper, George Guel , Patty Van de Bogart, Ed Inman, Betty Melchen, Arch & Esther Dotson , Tom D ' Ambrose, Charles Fairchild , Verna Little, Ed Strobel , Joel Gagnon , Don Wells, Marcia Radin, Steven Uzmann, Ira Redsois, Larry & Ann Rivkin, Jon Dember, Roy Casterline, Ernest Payton, Daniel Clemonts, Thomas Clements, Robin Rooney, H . Peterson, Ros & Elaine Cortright, Frank Payton, George Payton, Patrice Jennings and others . Chairperson Laurene Gilbert called the meeting of the Planning Board to order at 7 : 10 p. m . following public hearing. The following resolution was passed by the Board . RESOLUTION NO 5 of 2001 APPROVAL OF SPECIAL PERMIT HENRY/JOHNSON By Robert Roe : Seconded by William Farrell WHEREAS,this action is the Consideration of an Application for Special Permit for the proposed construction of a Second Detached Single-Family Dwelling at 1118 Autumn Ridge Lane (formerly known as 1000 Coddington Road) , located on the south side of Coddington Road west of German Cross Road , Town of Danby Tax parcel No . 4 . - 1 -6 . 2 . Property Owners : James Henry, Sheri Johnson, Fred Johnson, and Ethel Johnson ; and WHEREAS, this is a Type II action for which no further environmental review is required; and WHEREAS, the Tompkins County Department of Planning reviewed the application for purposes of General Municipal Law 239-m, and by letter dated July 11 , 2001 I indicated that the proposal has no negative intercommunity, County, or State impacts ; and WHEREAS, the Town of Danby Planning Board has reviewed the matter at public hearing on July 18 , 2001 ; now, therefore it is RESOLVED, that the Town of Danby Planning Board hereby grants the special permit as proposed, subject to the condition that Autumn Ridge Lane continue to be maintained as a private road . A roll call vote on the resolution resulted as follows : Farrell Aye Hanson Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Gilbert Aye Carried Unanimously 9 9 2 Planning Board Minutes July 18 , 2001 The regular meeting of the Planning Board adjourned at 7 : 15 for the guest speakers presentation from Randy Nemeck and Joe Yarosz, Mineral Resources Specialists from NYS DEC . GUEST SPEAKERS Chairperson Laurene Gilbert introduced Randy Nemecek and Joe Yarosz, Mineral Resources Specialists from the New York State Department of Environmental Conservation . Randy Nemecek and Joe Yarosz gave a slide presentation of oil and gas drilling sites , history of existing sites and process necessary for gas companies to obtain permits to drill . Questions and Concerns From the Public : Following the presentation the meeting was opened up for questions and concerns from the public . Marcia Radin - concerned about environmental issues and asked if the DEC could provide information for environmental sensitive areas . Answer - that falls into their review of sites . Bill Halton - asked what a 630 acres unit means and if a well . Answer - that is the block of land that if a well produces it is drawing from 630 acres . Bob Strichartz - you have not given us any information on how much noise it is , how far away do you have to be before you couldn ' t notice it. Answer - it ' s a big operation and they are working with operators to place mufflers on equipment. Hills and locality do make a difference . Patty Van de Bogart - reported that their farm has leased their land with stipulations . Trespassing was not a problem but drilling 24 hours might be . Ed Strobe - concern that if there was a well in the neighborhood who is going to let it go across their property . Answer - gas companies negotiate with property owners and use the shortest route . Olivia Vent - Can towns regulate or legislate or provide rules or guidelines for drilling and noise? Answer - Towns and operators try to work out public relations . There have been wells drilled within 250 feet from residents without complaint and within 3500 feet with complaints . Olivia Vent - asked if in their experience the question of noise - can towns legislate or provide guidelines to how long they can run the drills . Answer - that is some of the difficulty when the State law verses local law. They encourage towns and operators to work that out . They can continue operations on a 24 hour basis . Kathy Halton - What effect does drilling have on aquifers? . Answer - there is a minimum casing standard. There has been no problem or contamination after a well has been drilled . There is some minor disturbance possible within the first 50 to 100 feet before the 30 inch pipe is installed. Richard Oltz - He has a well on his property that was drilled in 1959 and asked if it was cased all the way down. Answer - would have to look at the records and it would be a shallow well and they were typically cased only through the fresh water zone . Ames Brown - there is a lot of water in Danby . Could they use their offices to get the aquifer study that is needed for Tompkins County to continue? Answer - some drilling was shut down in the Jamestown while a study was conducted to insure there was no contamination to the aquifer. Linda Hansen - It was mentioned that contaminated water would be removed from the site and what type of contaminants does it contain ? Answer salt water. State Forests : Don Barnes said he understands that the State does not own the mineral and gas rights in the Danby State Forests . The Federal Government retained 75 % of the mineral rights . There is 23 ,000 acres of State Forests in Tompkins County . 3 Planning Board Minutes July 18 , 2001 Dan Klein - if they wanted to drill in the Danby State Forest, how would residents know about it? Answer - must go through Federal channels . There is a hearing process . Richard Hautala - why is there a particular shape of land that the gas companies are trying to lease . Answer - there is a provisional law to keep leased land in a shape . There is a 660 foot radius for set back requirement that is referred to as the 40 acres rule . The land must be under control before they can drill a well . Legislation from the Town may or may not be effective . Linda Hansen - If pipe line goes across their land, what kind of compensation would the land owner be getting. Answer - some are worked out in a lease agreement. Many questions were raised regarding amounts of compensation for lease agreements and successful wells . Many of the residents present either have already obtained lease agreements or have been approached . Randy explained the permit application process and lease agreements . He stressed that land owners should look carefully at their lease agreements and have them drafted to their specifications . He said some agreements are for lease of land with no drilling permitted . There were slides presented of drilling sites before, during and after wells were capped off Planning Board Meeting Reconvened at 9 : 00 P.M. Motion to set Public Hearing Date - Request for Special Permit for Installation of Wireless Telecommunications Antennae A motion was made by Chairperson Laurene Gilbert and seconded by Robert Roe to set the date of Thursday, August 16, 2001 at 7 : 00 p . m. to consider an application for a Special Permit for the proposed installation of wireless telecommunications antennae and related equipment at a preexisting wireless telecommunications facility located south of Durfee Hill Road. Applicant: Margaret Smith, Pyramid Site Acquisition Services, Agent; Crown Castle Atlantic, LLP Tower Owner/Operator; William Farrell , Property Owner. A roll call vote on the motion resulted as follows : A roll call vote on the resolution resulted as follows : Farrell Abstained Hanson Aye Klein Aye Roe Aye Vent Aye Weitzel Aye Y Gilbert Aye Carried ADJOURNMENT : On a motion the meeting adjourned at 9 : 06 p . m . jI f taggiA> min- 7- 18 . 01 arol W. Sczepans ` ecretary S 9 I