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HomeMy WebLinkAbout2002-01-23 683 1 Planning Board Minutes Public Hearing - Casterline January 23 , 2002 TOWN OF DANBY PLANNING BOARD MINUTES PUBLIC HEARING - CASTERLINE JANUARY 23, 2002 PRESENT : Planning Board Members : William Farrell , David Hall , Linda Hansen, Sarah Newman, Robert Roe ABSENT : Laurene Gilbert (Excused) Olivia Vent (Excused) Others Present : Susan Beeners-Code Enforcement Officer Carol Sczepanski - Secretary Roger Casterline - Applicant Members of the Public : Roy and Mary Casterline, Phil Rafferty, George Potter, Mike Hovanec , Joel Gagnon , Rob Martin, Philip Wilde Public Hearing Declared Open : Acting Chair of the Planning Board Robert Roe declared the public hearing open at 7 : 04 p . m. and read the following notice of publication : PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, January 23 , 2002 at 7 : 00 p.m . at 1830 Danby Road, Ithaca, New York to Consider Subdivision Approval for ` Short Road Phase 1 ' , being the' proposed subdivision of a 1 . 98+/- acre lot from Town of Danby Tax parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total , located on the east side of N.Y . S . Route 34/96 and the south side of Short Road, in a High Density Residential Zone ; Roger and Janet Casterline, owners . All interested persons will be heard either in person or in writing. By Order of the Planning Board Carol W. Sczepanski , Town Clerk Published : January 17 , 2001 Communications : Affidavit of Service by Mail - Neighbor Notification Tompkins County Health Department - Review - Dated January 18 , 2002 Septic Permit from Tompkins County N. Y. S . DoT work permit for the temporary driveway on N . Y . S . Rte . 34/96 Susan Beeners presented an overview of the proposal and it is called Phase 1 of a four (4) lot subdivision . The first lot is a lot on the corner of N.Y. S . Rte . 34/96 and Short Road. That is the only thing to be considered for approval tonight. He may come back at a later time this year with plans for an the other three (3 ) lots on Short Road and is proposing at that later time to help share in the cost of upgrading Short Road from seasonal road and extending the water lines . What is proposed tonight is for a temporary driveway with access on N. Y . S . Rte . 34/96. N. Y . S . DoT has given approval with the condition that when Short Road becomes a Year around road the driveway on N. Y. S . Rte. 34/96 will be removed and a permanent driveway be placed on Short Road . The issues of upgrading Short Road and extending the water mains would be subject to Planning Board and the Town Board approval . The Tompkins County recommendation that when the water lines are extended the first lot hook up to the water line is not something that we legally must do . Roger Casterline has thought about this project for a long time . He would prefer to sell the whole parcel as a single parcel but many persons have indicated they would like to buy one( 1 ) or two (2 ) 684 2 Planning Board Minutes Public Hearing - Casterline January 23 , 2002 acres . There are not many places in West Danby to build. He wants it to be known that he is not selling this lot for the money. He has placed a one hundred ( 100) foot buffer along the stream . Comments From the Public : George Potter - 2186 West Danby Road - Concerned for the contamination of a stream in the area Mike Hovanec - . 1395 Danby Road - it would be possible that this area could be developed with a much higher density as this is in the municipal water district and requires only 3/4 acres per lot. The soil conditions are the same as most of Tompkins County . Phil Wilde - 64 Valley View Road - gave history of his property and said has a horse breeding operation . He hoped that piece of property would go to an organic farmer. He is concerned about traffic and driveway should be temporary, light pollution and visual impact, and placement and siting of houses . Joel Gagnon - 2353 Danby Road - has a concern which he does not want to see Short Road developed at all , but if it is developed his concern is that the cost to the Town of improving the Road in order to access this small number of houses is going to have an awfully long pay back. It only takes one double wide in the middle of a field to spoil the landscape . He does not think that this one dwelling will have much of a visual impact on the immediate area . Roger Casterline - said that he is not looking at development at any time soon . He was kind of pushed into looking into that because he wants to sell the lot on the corner and it is on a seasonal road. He has agreed to as part of building the road to help get the water lines extended . He is heartfelt and does not want to put a lot of houses in there just because it is high density . He plans to develop hedgerows between lots and let it mature before he sells his property. Robert Martin - 46 Short Road - owns the double wide on Short Road. Traffic on Short Road has increased and the road is narrow . It is not built to accommodate 55 mile per hour traffic . The road really needs work. Randy Brown - lives on Station Road - moved here for the rural character and zoning . His concern is double wides and thinks they should be put up in a good manner. He would like to see the codes tighter for double wides and plans to be in place for using the water. There are several double wides recently been put up in West Danby and some look a bit tacked. Public Hearing Declared Closed : Acting Chairperson Robert Roe declared the public hearing closed at 7 : 30 p .m . (Lea! %aiL1 Carol W. Scze ecretary phm-cast. 02 685 1 Planning Board Minutes January 23 , 2002 TOWN OF DANBY PLANNING BOARD MINUTES JANUARY 23 , 2002 PRESENT : Planning Board Members : William Farrell , David Hall , Linda Hansen, Sarah Newman , Robert Roe ABSENT : Laurene Gilbert (Excused) Olivia Vent (Excused) Others Present : Susan Beeners-Code Enforcement Officer Carol Sczepanski - Secretary Roger Casterline - Applicant Members of the Public : Roy and Mary Casterline, Phil Rafferty, George Potter, Mike Hovanec, Joel Gagnon, Rob Martin, Philip Wilde Acting Chairperson Robert Roe called the regular meting of the Planning Board to order at 7 : 30 p. m . Casterline Proposal - Short Road Subdivision Phase 1 Susan Beeners reported that at present Short Road is a seasonal road and the applicant cannot put a driveway for year around access on Short Road. There is a time issue and the Rafferty ' s want to build on the corner lot soon . The Highway Superintendent has a presented proposal and cost estimate for upgrade of Short Road . Roger Casterline has provided a proposal for doing some of the preliminary clearing work needed for upgrading the road from seasonal to year round use . The proposal is to have the road width be sixteen ( 16) feet instead of the standard eighteen ( 18) foot all purpose road in an effort to restrict some of the speed use of the road. The change for Short Road must go to the Town Board for approval . The DoT has given approval to install a temporary access on NYS 34/96 pending Town acceptance of Short Road as full access road. No building permits can be issued on the remainder of Short Road until it is upgraded to a year-around road. The DoT has approved the driveway on NYS Rte . 34/96 with the condition that if and when Short Road becomes a year-around road that driveway gets removed . Roger Casterline said that Short Road is approximately 1800 feet long and 660 feet of the road has been approved . There is only 1200 feet remaining to be improved . The Board reviewed the proposal . Roy Casterline said that he would go with the Highway Superintendents recommendation to go with the Town Specifications . RESOLUTION No. 1 of January 23 , 2002 SEQR - PROPOSED SHORT ROAD SUBDIVISION - PHASE 1 By Linda Hansen : Seconded by Sarah Newman WHEREAS, this action, known as " Short Road Phase I", is to Consider Subdivision Approval for the proposed subdivision of a 1 . 98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7. 38+/- acres total , located on the east side of N . Y. S . Route 34/96 and the south side of Short Road, in a High Density Residential Zone; Roger and Janet Casterline, owners ; and WHEREAS, this is an Unlisted action for which the Town of Danby Planning Board is Lead Agency for environmental review; and 686 2 Planning Board Minutes January 23 , 2002 WHEREAS, the Tompkins County Division of Environmental Health and the New York State Dept. of Transportation are involved agencies which have been notified of this action ; and the Tompkins County Planning Department is an interested agency which has been notified of this action; and WHEREAS,a subsequent action pending additional submittal ' s, review, and consideration, known as " Short Road Phase II", is the proposed subdivision of the remaining lands of Tax Parcel 17 . - 1 - 1 . 12 , into three lots ; construction of a water main to serve said lots; and improvement of Short Road by the applicant and by the Town Highway Dept. , to convert Short Road from seasonal to year-round status ; and WHEREAS, the Town of Danby Planning Board would be Lead Agency for subdivision review of Phase II ; the Town Board would be Lead Agency for road and water main improvements ; the Tompkins County Division of Environmental Health, the New York State Dept. of Transportation , and the New York State Dept. of Agriculture and Markets are involved agencies ; and the Tompkins County Planning Dept. is an interested agency; all of which agencies have been notified of this pending action ; and WHEREAS, the Town of Danby Planning Board has reviewed the Short Environmental Assessment Form, and the recommendation that a negative determination of environmental significance be made for Phase I, and, initially, for Phase II of this project, subject to certain conditions ; and WHEREAS, the New York State Department of Transportation has issued a permit for a temporary driveway for access to Lot A from Route 34/96, with the condition that said driveway be removed at such time that a year round driveway can be developed off of Short Road ; and WHEREAS, the Planning Board has reviewed a letter from Edward C . Marx, Tompkins County Commissioner of Planning, dated January 18 , 2002 , in response to referral of the proposal pursuant to General Municipal Law 239-1 ,-m- , and —n, which letter recommends that the proposal be modified, so "that any approval of Phase I stipulate that Lot A is obligated to hook into the public water system, at the owner' s expense, when a water main is extended along Short Road" ; and WHEREAS, it appears that no regulations or adopted policies or plans, including Town Board Resolution No. 24 of September 10 , 1968 , which established the rules and regulations for the West Danby Water District, require buildings in the West Danby Water District to be hooked up to the public water system; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Planning Board reports to the Tompkins County Commissioner of Planning that there appear to be no means for the Town to require proposed Lot A to be hooked up to the public water system if and when a water main were extended along Short Road ; and, further, that the Sewage System Construction Permit issued January 23 , 2001 by the Tompkins County Health Department establishes that with strict adherence to that permit, a sewage system and a private well can be located on proposed Lot A; and it is FURTHER RESOLVED, that the Town of Danby Planning Board hereby makes a negative determination of environmental significance for " Short Road Phase I" , being the proposed subdivision of a 1 . 98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total , subject to the following conditions : That the driveway accessing Lot A from Route 34/96 , as subject to a temporary permit issued by the New York State Dept. of Transportation be developed as a condition of any building permit issuance . That no building permits be issued for buildings on the remaining lands until Subdivision Approval is applied for and is granted by the Planning Board ; until conversion of the seasonal portion of Short Road to a year-round road is approved by the Town Board , and is improved for such according to specifications approved by the Town Board; and until the proposed water main extension to these lots, including the preexisting water main extension from Brown Road to the east edge of Parcel "D" is approved by the Town Board upon recommendation of the West Danby Board of Water 687 3 Planning Board Minutes January 23 , 2002 Commissioners and the Tompkins County Division of Environmental Health . Discussion : Sarah Newman said that it is her understanding that we are only being asked to approve Phase 1 for a single lot and access tonight. She is concerned about doing something that has the appearance that we have approved Phase II given certain conditions and she thinks there are other questions that need to be raised if we are actually needing to approve Phase II tonight . Susan Beeners said that she thinks it should be a part of the SEQR Determination and of the second resolution as the Town should state that this is the only lot with year round frontage . A roll call vote on the resolution resulted as follows : Farrell Aye Hall Aye Hansen Aye Newman Aye Roe Aye Carried Unanimously RESOLUTION No. 2 of January 23 , 2002 PROPOSED SHORT ROAD SUBDIVISION PHASE 1 By William Farrell : Seconded by Linda Hansen WHEREAS, this action, known as " Short Road Phase I", is to Consider Subdivision Approval for the proposed subdivision of a 1 . 98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total , located on the east side of N . Y. S . Route 34/96 and the south side of Short Road, in a High Density Residential Zone ; Roger and Janet Casterline, owners ; and WHEREAS, this is an Unlisted action for which the Town of Danby Planning Board, acting as Lead Agency in environmental review, has on January 23 , 2002 made a negative determination of environmental significance with certain conditions ; and WHEREAS,a subsequent action pending additional submittal ' s, review, and consideration, known as " Short Road Phase II" , is the proposed subdivision of the remaining lands of Tax Parcel 17 . - 1 - 1 . 12 , into three lots ; construction of a water main to serve said lots ; and improvement of Short Road by the applicant and by the Town Highway Dept. , to convert Short Road from seasonal to year-round status ; and WHEREAS, the New York State Department of Transportation has issued a permit for a temporary driveway for access to Lot A from Route 34/96, with the condition that said driveway be removed at such time that a year round driveway can be developed off of Short Road ; and WHEREAS, the Planning Board has reviewed a letter from Edward C . Marx , Tompkins County Commissioner of Planning, dated January 18 , 2002 , in response to referral of the proposal pursuant to General Municipal Law 239- 1 ,-m- , and —n, which letter recommends that the proposal be modified, so "that any approval of Phase I stipulate that Lot A is obligated to hook into the public water system, at the owner' s expense, when a water main is extended along Short Road" ; and WHEREAS, it appears that no regulations or adopted policies or plans , including Town Board Resolution No . 24 of September 10, 1968 , which established the rules and regulations for the West Danby Water District, require buildings in the West Danby Water District to be hooked up to the public water system ; and WHEREAS, the Town of Danby Planning Board has on January 23 , 2002 held a Public Hearing for consideration of this action ; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Planning Board reports to the Tompkins County Commissioner of Planning that there appear to be no means for the Town to require proposed Lot A to be hooked up to the public water system if and when a water main were extended along Short 688 4 Planning Board Minutes January 23 , 2002 Road ; and, further, that the Sewage System Construction Permit issued January 23 , 2001 by the Tompkins County Health Department establishes that with strict adherence to that permit, a sewage system and a private well can be located on proposed Lot A; and it is FURTHER RESOLVED, that the Town of Danby Planning Board hereby grants Final Subdivision Approval for "Short Road Phase I", being the proposed subdivision of a 1 .98 +/- acre lot from Town of Danby Tax Parcel 17 . - 1 - 1 . 12 , 7 . 38+/- acres total , subject to the following conditions : That the driveway accessing Lot A from Route 34/96 , as subject to a temporary permit issued by the New York State Dept. of Transportation be developed as a condition of any building permit issuance . That no building permits be issued for buildings on the remaining lands until Subdivision Approval is applied for and is granted by the Planning Board; until conversion of the seasonal portion of Short Road to a year-round road is approved by the Town Board, and is improved for such according to specifications approved by the Town Board ; and until the proposed water main extension to these lots, including the preexisting water main extension from Brown Road to the east edge of Parcel "D" is approved by the Town Board and the Tompkins County Division of Environmental Health , A roll call vote on the resolution resulted as follows : Farrell Aye Hall Aye Hansen Aye Newman Aye Roe Aye Carried Unanimously Miscellaneous Reports Sarah Newman reported that she attended a presentation for the public that was given to the Tompkins County Board which had to do with Purchase of Development Rights (PDR) . It was a very broad and general presentation . Bob Roe reported that the Department of Planning has notified him that the County Flood Hazard Mitigation Program is not going to be seeking proposals this year. It is in the process of reorganization . Reports : Tompkins County Flood Hazard Mitigation Program : Bob Roe reported that Tompkins County Department of Planning has notified him the County Flood Hazard Mitigation program is not going to seek proposals this year. They are in the process of reorganization an will be conducting studies in 2002 and 2003 . They anticipate that applications for funding will be accepted in 2003 for implementation in 2004 . Bob Roe reported that he has brought the following documents for the Board to borrow if interested . 1 ) A Primer for Local Governments on Environmental Liability (an overview article on the responsibilities of communities in terms of environmental liability) . 2) A copy of the Tompkins County Natural Resource Inventory ; 3 ) Tompkins County Agricultural Lands and Natural Areas Preservation Feasibility Study . It is a draft proposal of 11 /05 /01 . (Purchase of Development Rights) 4) Draft Recreation Master Plan for Region 7 . - Most of the items suggested by the Town are included in the draft. The major impact on the State Forest that we are concerned with is that the proposal for a hang gliding site will be contingent upon a landing area being determined and acquired. The parking lot will be gated and it was recommended that the parking lot be gated and the site be gated as well . He is going to ask for more off road parking at the trail heads . Members of the Public : 689 5 Planning Board Minutes January 23 , 2002 Mike Hovanec approached the Board with an application to add another building at Fort Locks . Land was set aside to add additional storage units . The proposed expansion will not require additional lighting. Susan Beeners reported that this application requires a public hearing. Because of the size of the proposed project it is a Type II action with no environmental review required. A review from Tompkins County Planning Department is required . Motion to Set Public Hearing Date - Fort Locks A motion was made by Sarah Newman and seconded by David Hall that a public hearing be held by the Town of Danby Planning Board at 7 : 00 p . m. on February 20 , 2002 to hear the Fort Locks proposal . A roll call vote on the motion resulted as follows : Farrell Aye Hall Aye Hansen Aye Newman Aye Roe Aye Carried Comprehensive Plan Work Session Natural Resources Draft Upgrade - Bob Roe reported that he has drafted something to upgrade the Natural Resources section on deer management in Section II part B on page 9 of the comprehensive plan. The suggested changes refer to long term management of the deer population. It would require land owners and hunters cooperation to achieve management objectives . The State must be a participant. If we ask for this we are asking for a change in management policies at the Albany level . Recommendations : 1 ) With support of the Region 7 State Foresters and State Biologists the Town of Danby should approach the NYSDEC and local landowners to cooperatively establish a QDM (quality deer management) program . 2) Information sessions should be scheduled and implemented to raise public awareness of QDM (quality deer management) and its costs and benefits . Special attention should be devoted to recruiting land owners and hunters . (Currently the landowners provide the deer and the hunters provide the control mechanism . ) It seeks to improve the herd genetics and stabilize the herds . 3 ) The Town of Danby should consider approaching the County Board of Representatives to make QDM a County wide program. The Board discussed the benefit if a QDM were implemented in the State Forest lands . Sarah Newman reported that the editing of the comprehensive draft could be completed as early as March . She thinks that Bob ' s upgrade is excellent and should put it into the draft in the section it should be in . Susan Beeners reported that the Planning Board received the draft comprehensive plan . Sarah Newman reported that she is doing some of the initial editing and passing them along to Olivia Vent for suggestions . They are going to start with the Goals and Objectives section because that is the focus of peoples attention . Her recommendation would be that the Planning Board look at the draft after we have looked at the reorganization of the document itself with the materials put into the appropriate appendices with an executive summary. The editing involves cleaning up the language in the document with the major objective being not to change the meaning. A draft revision should be available for the March meeting. Agricultural Report on Historical Ag Buildings Susan Beeners reported that she has received some information on the Agriculture Report on Historic 6 Planning Board Minutes January 23 , 2002 Buildings in the Town of Danby from John Lewis and it needed minor corrections . He would like to come and present the report to the Planning Board at a public meeting. Susan reported on two items : 1 ) Olivia and Laurene would like to know if the Planning Board would be interested in having some kind of a pot luck brunch where the Town Board would be invited as well as an informal meet each other event on Sunday, February 17 , 2002 or the following weekend . 2 ) Comi Telecommunications Contract - The Town contract with Richard Comi of Comi Telecommunications may not be renewed as he is very expensive for applicants . She has been in contact with the Dick Sitzman from the Town of Ulysses and it is possible he may submit a proposal for the Town to review Telecommunications Applications . Adjournment : On a motion the meeting adjourned at 9 : 20 P .M . (2iw,2 Carol W . Sczepa " , Secretary min- 1 -23 . 02