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HomeMy WebLinkAbout2002-04-17 699 1 Planning Board Public Hearing Danby Federated Church April 17 , 2002 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING DANBY FEDERATED CHURCH APRIL 17, 2002 PRESENT : Acting Chair: Robert Roe Planning Board Members : William Farrell , Linda Hansen , Sarah Newman , Olivia Vent ABSENT Laurene Gilbert , David Hall Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Applicant - Roland Boda Architect - Jason Demarest Members of the Public : Gladys Holt, Scott Belden , Mary Oltz, Gladys Varona-Lacey, Brian Denise, Bonnie Martin, Deborah Brackin, Brian & Denise Beeners , Jim & Debbie Davis Public Hearing Declared Open Acting Chair Robert Roe declared the public hearing open at 7 : 05 p . m. and the following Notice of Publication and Notification was read : "PLEASE TAKE NOTICE, that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, April 17 , 2002 at 7 : 00 p . m . at 1830 Danby Road, Ithaca, New York to consider Granting a Special Permit and Site Plan Approval for a proposed 3000+/- sq. Ft. building addition and expanded parking areas at the Danby Federated Church, located at 1859 Danby Road, Town of Danby Tax Parcels 10 . - 1 -45 and 10 . - 1 -77 . 1 . The project also involves consideration by the Board of Zoning Appeals of Variances related to building and parking space setbacks, and parking quantity requirements. Jason Demarest, Tallman and Demarest Architects, Agent; Danby Federated Church, Owner. All interested persons will be heard either in person or in writing . A Regular Meeting of the Planning Board will follow the public hearing. By Order of the Planning Board Carol W. Sczepanski, Town Clerk Dated : April 9 , 2002 Published April 11 , 2002 " Communications Received : Tompkins County Planning Department Review Letter from Debbi and Peter Goodman - dated April 15 , 2002 Affidavit of Mailing Notice of Hearing Jason Demarest and Roland Boda addressed the public with an overview of the proposed church addition to house Sunday School classrooms and a small chapel . Comments From the Public : Gladys Varona-Lacey - 1882 Danby Road - asked if there were plans to have 100% of the required parking if necessary and were they planning to expand the land next to the church . Jason Demarest said that with the site plan the parking they have in the plan is sufficient for its usage . The issue of purchasing additional land would be for a future owner. She made reference to trees that were removed on the north side of the parking area. Roland Boda said that it was necessary to remove trees on the north side of the property because they 700 2 Planning Board Public Hearing Danby Federated Church April 17, 2002 were diseased and dangerous . Public Hearing Declared Closed : Acting Chair Robert Roe declared the public hearing closed at 7 : 20 p . m . (Lis '1a14404.) Carol W . Scz :, ski , Secretary phm-dfc . 02 Fi 0 3 1 Planning Board Minutes April 17, 2002 PLANNING BOARD MINUTES APRIL 17, 2002 PRESENT : Acting Chair: Robert Roe Planning Board Members : William Farrell , Linda Hansen , Sarah Newman, Olivia Vent ABSENT Laurene Gilbert , David Hall Others Present: Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Members of the Public : Roland Boda, Jason Demarest, Gladys Holt, Scott Belden, Mary Oltz, Gladys Varona-Lacey, Brian Denise, Bonnie Martin , Deborah Brackin , Brian & Denise Beeners, Jim & Debbie Davis Acting Chair Robert Roe called the meeting to order at 7 : 20 p . m . following a public hearing. Susan Beeners described to the Board some suggestions for plantings as buffers for the property and said that there are strict zoning requirements for parking If you filled every classroom in the entire place that this plan would not meet that requirement for 131 spaces . The following resolutions No . 5 and 6 were introduced and adopted by the Planning Board. PLANNING BOARD RESOLUTION NO. 5 OF 2002 SEQR, DANBY FEDERATED CHURCH PROPOSED ADDITION AND RELATED SITE WORK By Olivia Vent : Seconded by Sarah Newman WHEREAS, this action is the Consideration of Granting a Special Permit and Site Plan Approval for a proposed 3000 +I- sq. ft. building addition and expanded parking areas at the Danby Federated Church , located at 1859 Danby Road, town of Danby Tax Parcels 10 . - 1 -45 and 10 . - 1 -77 . 1 ; which project also involves consideration by the Board of Zoning Appeals of Variances related to building and parking space setbacks, and parking quantity requirements ; and WHEREAS, this is an Unlisted Action for which the Town of Danby Planning Board is Lead Agency in environmental review related to Special Permit and Site Plan approval matters, and the Town of Danby Board of Zoning Appeals in Lead Agency for the requested Variances ; and WHEREAS, the Planning Board has reviewed the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this action, subject to certain conditions ; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Planning Board, acting as Lead Agency in environmental review related to Special Permit and Site Plan approval matters, makes a negative determination of environmental significance for this action, conditional upon the following : 1 All parking needs must be provided outside of the N .Y . State right of way on Danby Road. 2 . If the necessary variances are granted by the Board of Zoning Appeals, and if the Planning Board grants a Special Permit and approves the current Site Plan , that a final site plan be submitted to and approved by the Planning Board, to include : * A grading plan or other suitable indications of site drainage improvements . * Measures adequate to protect trees in the vicinity of proposed building and parking area construction from damage during and after construction . * Consideration of planting plan revisions to avoid monoculture, to preserve planting design if some plants are lost, to facilitate snow plowing practices , and to facilitate 7 0 4 2 Planning Board Minutes April 17, 2002 pedestrian access along the north side of the Sanctuary. * Removal of at least one parking space near the north entrance walk of the Sanctuary. * Retention of a walkway along the south edge of the existing building. * Provision of at least one handicapped-accessible parking space near the south entrance to the existing building. * Removal or relocation of at least one parking space near the south entrance to the existing building in order to facilitate pedestrian access . A roll call vote on the resolution resulted as follows : Farrell Aye Hansen Aye Newman Aye Vent Aye Roe Aye Carried Unanimously RESOLUTION NO 6 OF 2002 DANBY FEDERATED CHURCH PROPOSED ADDITION AND RELATED SITE WORK By Olivia Vent: Seconded by William Farrell WHEREAS, this action is the Consideration of Granting a Special Permit and Site Plan Approval for a proposed 3000 +I- sq. ft. building addition and expanded parking areas at the Danby Federated Church , located at 1859 Danby Road, town of Danby Tax Parcels 10 . - 1 -45 and 10 . - 1 - 77 . 1 ; which project also involves consideration by the Board of Zoning Appeals of Variances related to building and parking space setbacks , and parking quantity requirements ; and WHEREAS, this is an Unlisted Action for which the Town of Danby Planning Board is Lead Agency in environmental review related to Special Permit and Site Plan approval matters, and the Town of Danby Board of Zoning Appeals in Lead Agency for the requested Variances ; and WHEREAS, Tompkins County Commissioner of Planning has reviewed the proposal and has recommended by letter dated April 2 , 2002 that the proposal has no negative intercommunity, County, or State impacts ; and WHEREAS, the Planning Board of the Town of Danby has held a public hearing on this action on April 17, 2002 ; NOW, THEREFORE, IT IS RESOLVED, that the Town of Danby Planning Board grants a Special Permit and Preliminary Site Plan Approval to the project as proposed, subject to the following provisions and conditions : 1 . The two tax parcels that comprise the Church site ( 10 . - 1 -45 and 10 . - 1 -77 . 1 shall be consolidated . 2 . Approval of the requested variances by the Board of Zoning Appeals . 3 . All parking needs must be provided outside of the N . Y. State right of way on Danby Road . 4 . if the necessary variances are granted by the Board of Zoning Appeals , and if the Planning Board grants a Special Permit and approves the current Site Plan, that a final site plan be submitted to and approved by the Planning Board, to include : * A grading plan or other suitable indications of site drainage improvements . * Measures adequate to protect trees in the vicinity of proposed building and parking area construction from damage during and after construction . * Consideration of planting plan revisions to avoid monoculture, to preserve planting design if some plants are lost, to facilitate snow plowing practices , and to facilitate pedestrian access along the north side of the Sanctuary . * Removal of at least one parking space near the north entrance walk of the Sanctuary. * Retention of a walkway along the south edge of the existing building. * Provision of at least one handicapped-accessible parking space near the south 705 3 Planning Board Minutes April 17, 2002 entrance to the existing building. * Removal or relocation of at least one parking space near the south entrance to the existing building in order to facilitate pedestrian access . A roll call vote on the resolution resulted as follows : Farrell Aye Hansen Aye Newman Aye Vent Aye Roe Aye Carried Unanimously Susan Beeners said that it would be necessary for final site plan review with what is shown on the plan as inclusions and that a public hearing by the Planning Board would not be required . Application of Brian and Bonnie Martin Bonnie Martin - 309 Meadow Wood Terrace - would like to submit application to the Planning Board for the subdivision of Danby tax parcel 2 . - 1 -23 . 2 into two (2 ) parcels of approximately 26 acres (requesting new tax parcel number) and 16 acres (retaining current tax parcel number), subject to further calculation per survey . She said that the requested subdivision is to establish a building lot similar to that approved by the Town Board on August 12 , 1991 . A building restriction line approved at that time would remain in place . The Board reviewed the application of Brian Denise and Bonnie Martin . Susan Beeners said that no variances are needed for the application because it is part of a Planned Development Zone and subdivision with the frontage . She said that the lot exceeds five acres and complies with all zoning restrictions and is in a Planned Development Zone and does not need a public hearing. Special Permit Request - Gladys Holt Susan Beeners reported that Gladys Holt received a Special Permit in 1996 for a temporary installation of a mobile home at 399 Hombrook Road . The Special Permit expired on December 14 , 2001 . No status report has been issued to the Town . Gladys Holt has submitted a request for renewal of the permit . The Board reviewed the application . Gladys Holt reported that the property is still in farm use as pasture and hay fields . Susan Beeners gave the Board background information on the property . Scott Belden was to be the caretaker of the property and that the mobile home would be his primary residence and that is not the case and has not been for several months . She said she does not find the application complete enough to meet the criteria for a special permit. To grant a special permit it would be necessary for the Planning Board to hold a public hearing. A public hearing can be scheduled with the understanding that additional documentation is received that this is a farm operation and that the mobile home is the primary residence of Scott Belden . Sarah Newman suggested that the Planning Board consider a limit of three (3 ) years if a renewal of the special permit is granted . She said that even to do that would require a public hearing and we want to ask before we do that whether or not there is enough evidence that would support what they are proposing. Olivia Vent said the from what Mrs . Holt described the purpose of having a family member there does not necessarily fit into one of the three (3 ) categories but overlaps all of them. If the facility isn ' t available for her son to be there it would certainly create a hardship . Sarah Newman said that if we schedule a public hearing that it would be with the understanding that 4 Planning Board Minutes April 17, 2002 • the burden of providing documentation that supports the meeting of the regulations by the persons bringing the petition . Olivia Vent said there will have to be proof that it is still a primary residence . Susan Beeners said being on premises for one or two nights and a drivers license is not proof of primary residence. Motion to Schedule Public Hearing : A motion was made by Olivia Vent and seconded by William Farrell that the Planning Board of the Town of Danby schedules a public hearing date of Wednesday, May 15 , 2002 at 7 : 00 p . m. for the Application for the renewal of a Special Permit at 399 Hornbrook Road . A vote on the motion resulted as follows ; Carried Unanimously Report - Danby State Forest Bob Roe reported that complaints from Rhonda Roaring regarding the snowmobile trails and logging in the Danby State Forest were sent to him to look into . He reported the following findings with consultations with the DEC and Forest Rangers . Robert Roe reported that he has been communicating with the Town Board and the DEC concerning both of the snowmobile trails that exist in the Danby State Forest and the logging that is going on . The snowmobile trail in the Danby State Forest came into existence in November 2000 under the Adopt a Natural Resource Program with the DEC . It ' s exclusion from the Draft Region 7 Master Recreation Plan was an oversight according to the State officials . The grievance specifies that the snowmobile club is responsible for minor maintenance and policing the trail . They are also responsible for obtaining DOT permission where the trail intersects the highway. The State forester did inspect the trail and there is no more littering than any other place in the State forest. The trail is not open to ATV ' s and willing to arrest and charge violators . The DEC would like help from the public with reference to plate numbers of the vehicles or information on the time of the violations if there is a pattern to illegal use . If the Town wants to pass a local law eliminating snowmobiles from the shoulders of seasonal roads it can do so providing the law stands up to legal challenges . The DEC is willing to investigate this matter and have sent the forest ranger to inspect the trails . The logging operation is taking place on State Forest lands between Michigan Hollow Road and Bald Hill Road. There was a question about whether or not State is required to file a SEQR prior to granting these contracts . There is a State wide SEQR under which these contracts are issued but it does not include the use of Town roads . The Town currently has all the legal provisions it needs to protect existing roads from logging equipment or heavy loads. The Town can post restrictions and can close roads under certain conditions . The DEC will back us up if we are having a problem in terms with dealing with the contract holders . The contractors are to remove all tops and debris a minimum of thirty (30) feet from any trails and are also responsible for regrading the site to prevent erosion and for the installation of water barriers . The State does now want reseeding as they do not want non-native species introduced into the State Forest. The State ' s responsibility ends at the roads . Sarah Newman asked who raised the questions and concerns to begin with and is this presented to us for just information ? Bob Roe reported that they call came from Rhonda Roaring to the Town Supervisor and to the Town Attorney. . They did not come to this Board. He said he was just reporting his findings on the information submitted . Sketch Plan Review - Davis Proposal for Subdivision of One Lot The Board reviewed an application from Debbie and Jim Davis for a proposed subdivision of a lot of 1 . 07 acres with 187 feet of depth on a property located at 297 Bald Hill Road . The single wide mobile home on the property has been removed and they would like to place a double wide • 7 th0 7 5 Planning Board Minutes April 17, 2002 manufactured home on the site . The proposal also involves a request for variance by the Board of Zoning Appeals of the minimum 2-acre lot size and 300-foot lot depth . Susan Beeners said that the property was consolidated into the Wilbur Lumber Yard property. They must create a separate building lot. The BZA must grant a variance for a 1 . 07 acre lot in a low density zone and a lot with less than 300 feet of depth . Basically it is not changing anything in the actual planned use . There will be no change in the land use . Motion to Set Public Hearing Date A motion was made by Linda Hansen and seconded by William Farrell that the Planning Board hold a public hearing on Thursday, May 2 , 2002 at 7 : 00 p . m. for the proposed subdivision application of Debbie and James Davis and that a Special Meeting of the Planning Board is to follow the public hearing. A vote on the motion resulted as follows : Carried Unanimously Comprehensive Plan Update Sarah Newman reported that she turned her revision to Sue Beeners and she has presented the draft to the Board in March. Sarah said we need a commitment from Board members who have time and would be willing to commit to working on particular pieces of the draft. Her understanding is that Sue Beeners is working on continually developing the agriculture section of chapter two and may work on chapter three . Sarah said that she has made a commitment to gather the data that we know needs to be included to bring the population and housing and the community services sections of chapter two up to date . That would also include some parts of the section on economy . Bob Roe said that he is working on natural resources and has the information on the aquifers, the State Forest, and the wildlife management. Sarah said that Sue has been actively working on the idea of hiring an intern . We won ' t know until we find someone who is appropriate for that position whether they could actually be assigned some of the work on the remaining sections or whether that person is only able to function in a supportive role . Summer Intern Sarah Newman said that Sue Beeners has received an application from Megan Morris for the summer intern position . Sarah said that it might be helpful to have a sub-committee to work with the intern and Sue to work on the comprehensive plan materials . She proposed that we appoint a some sort of a subcommittee to work outside of the regular Planning Board meetings . She said she will talk to people who are willing to volunteer to be on a subcommittee . Sample Resolution of Support - Vital Communities Development and Preservation Principles as Interim County Policy- discussed Susan Beeners presented a sample resolution of support for Vital Communities Development and preservation Principles as Interim County Policy for their information . She reported that the proposed resolution has been sent to the Town Board for to consider adoption at their May meeting. Bob Roe said that the seven (7) principles presented here are not dissimilar to the ones we are already using in our Town comprehensive planning. He said he has a problem with this as basically what this does is give the County Board of Representatives a legitimacy for intervening in local planning. Most of the principles are in direct opposition or at least cannot be supported by most of the County ' s planning documentation including their economic development plan . Their plan encourages economic development in downtown Ithaca and very little in any outlaying communities. The Planning Board discussed the proposed resolution and their main concern is whether this comprehensive planning activity would ultimately pre-empt our comprehensive planning. 708 6 Planning Board Minutes April 17, 2002 Susan Beeners said that the Town Board deferred discussion and action of the proposed resolution from Tompkins County until their May meeting. Sarah Newman said that she would like him to report to the Town Board that the Planning Board reviewed and discussed this document and have concerns that the Town Board should consider before they take any action. She asked Bob to transmit those concerns to the Town Board that were presented. Street Lighting Linda Hansen said she would like the Town to consider some type of street lighting through Danby from the curve above the church to the area of East Miller Road similar to what the City has placed on State Street. ADJOURNMENT On a motion the meeting adjourned at 9 : 10 P .M . Carol W. Scze esi •+1 i, Secretary min-4- 17 . 02