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HomeMy WebLinkAbout2001-10-23 6 ` 3 e, 1 Planning Board Minutes October 23 , 2001 TOWN OF DANBY PLANNING BOARD MINUTES OCTOBER 23 , 2001 Regular Meeting PRESENT : Chairperson Laurene Gilbert Planning Board Members : William Farrell , Sarah Newman, Robert Roe , Nancy Weitzel , Olivia Vent ABSENT : Linda Hansen (Excused) Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Ross and Elaine Cortright, Paul Best, Jeff Grover, Wayne Westmiller Chairperson Laurene Gilbert opened the meeting at 7 : 04 p .m. and seated Sarah Newman as a new member of the Planning Board. Reports : Robert Roe reported that he will be meeting with representatives from the DEC in November on the NYS Forest Recreational Plan . Sue Beeners reported that the Town is proceeding with the demolition of Benjamin ' s One Stop. The plan is to demolish the entire structure . Nancy Weitzel reported on the progress and plans for the Danby Community Park. There will be two (2) meetings on November 1 , one at the Senior Citizens Meeting and one in the evening here at the Town Hall . A Non Profit Community Park Association will be formed to start the planning stages and creation of the park and its facilities . The object of the meetings are to inform the public and hopefully recruit volunteers to the board . The Park Commission will apply for a not-for-profit status by filing for a 501 ® to enable them to raise funds for the park . Review of Special Permit - West Danby Baptist Church Continued review of request for Special Permit for the proposed addition to the West Danby Baptist Church . Susan Beeners reported to the Board that this is a sketch plan review and there are some minimal requirements for the site plans related to special permits . The intent is to see what additional information is needed to consider the proposal complete to schedule a public hearing. She met with their building committee today and looked at the site . The Board reviewed the plans and asked the members of the church and building committee questions related to the parking lot, neighborhood and if there were to be future lighting of the area. A member of the church and of the building committee said that in the West Danby Area there is a big group of children and there is no place for group activities . They have only a small fellowship hall and the Board decided they needed to expand to provide activities . The church has a membership of approximately 130 members . There is a large parking area proposed behind the building and the area set aside for future parking. There are no plans for parking area to be paved or lighted. Future parking is not part of the proposal . Motion to Set Public Hearing Date for West Danby Baptist Church Proposal A motion was made by Olivia Vent and seconded Chairperson Gilbert and seconded by Olivia Vent 67 4 2 Planning Board Minutes October 23 , 2001 that the Planning Board of the Town of Danby schedule a public hearing for Thursday, November 15 , 2001 at 7 : 00 p. m . for the proposed addition to the West Danby Baptist Church . A roll call vote on the motion resulted as follows : Farrell Aye Newman Aye Roe Aye Weitzel Aye Vent Aye Gilbert Aye Carried Unanimously Susan Beeners suggested that the Board look at the property. There is very little visual impact in this area. Bill Farrell asked to be excused from the November 15 , 2001 public hearing and Planning Board Meeting due to other commitments . Possible Modifications to the Zoning Ordinance Related to Special Permit for Public Utilities The Board reviewed the proposed changes to the ordinance . Susan reported that at the last meeting the Board asked if we were sure that there was no possibility for local impact and does the Town have the right to regulate, and what provisions does the DEC make for local input. She has been in contact with the DEC and their review of applications conforms with the GEIS that was developed ten ( 10) years ago that deals with noise impact and drainage . She said that if it conforms with the GEIS then the DEC gives the proposal a negative declaration and issue a permit. There are a few instances where there would be a public hearing process for local input for a permit. (Related to gas drilling operations . ) There is not notifications to Towns that drilling may occur. The representative from the DEC told her that the DEC regulations supersedes any Town regulations . Sue has sent a request to the Association of Towns legal department for their opinion and confirmation on regulation of gas drilling operations . Bob Roe and Bill Farrell said that they think the review should be left to the DEC . These proposed changes say nothing about notification but only about special use permits . Olivia Vent said that she it seems to her that since these structures are fairly significant that there should be some mechanism for notification . The Town should have the opportunity to review the plans and the neighbors to be part of the dialogue . Nancy Weitzel said that it shouldn ' t be necessary as drilling is a temporary thing and when there was drilling in the area the roads were not damaged. Elaine Cortright (resident) said that gas drilling is disruptive but if we start restricting oil and gas exploration, will the next thing be that you want to restrict logging operations . Logging operations are much more disruptive to residents The proposed legislation as proposed "Limitation of uses within 200 feet of a residence zone", to is basically the whole town except the commercial area and probably there are closer homes in the commercial area. It should be throughout the town . Olivia Vent suggested that there should be some notification requirement so that at least there is an opportunity for some of public input and that neighbors are informed. She also thinks that it should be throughout the town and not necessarily restricted to within 200 feet of a residence zone . Bob Roe said that just notification is acceptable . He strongly suggested that the problem with this legislation is that it states that public utilities would need a special permit for maintenance . Bill Farrell said that because there is a lease it does not mean that a gas company is going to drill there . Many leases contain a no drilling clause and other restrictions . 6 "15 3 Planning Board Minutes October 23 , 2001 Susan Beeners said that she was hearing from the Board that they did not want any special permits at all but a notification process either through a memo of understanding with the DEC or an amendment to the ordinance which would keep some level of public utilities . Public Utilities of a certain magnitude on permitted uses in all zones will be subject to a special type of a notification process when an application has been submitted to the DEC or another agency . Bob Roe said that he could support the notification to the town that something was going to happen but not the proposed legislation as stated. Comprehensive Plan Update Susan Beeners reported that she hopes to have something in November or December for the comprehensive plan . The "Community Facilities" and "Public Utilities" chapters have never been reviewed by the Board . The whole thing needs to be put together and the places reviewed where it is incomplete . Approval of Planning Board Minutes of September 20, 2001 A motion was made by Nancy Weitzel and seconded by Olivia Vent that the Planning Board of the Town of Danby to approve the Planning Board Minutes of September 20 , 2001 as submitted . A vote on the motion resulted as follows : Farrell Aye Roe Aye Weitzel Aye Vent Aye Gilbert Aye Carried Unanimously Admournment : On a motion the meeting adjourned at 8 : 30 P .M . Respectfully submitted, abtfiaL2 / ltut Carol W . Sczep . ..< ;1 , Secretary min 10-23 . 01