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HomeMy WebLinkAbout2002-10-16 72 ? 1 Planning Board Public Hearing Spencer VEN ETTEN Snowmobile Club October 16, 2002 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING MINUTES OCTOBER 16, 2002 SPENCER VAN ETTEN SNOWMOBILE CLUB PRESENT : Vice Chairperson - Robert Roe Planning Board Members - William Farrell , Linda Hansen , Olivia Vent ABSENT : (Excused) Sarah Newman , Laurene Gilbert, David Hall Others Present : Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Sean Morris and Bob McFall - Applicants Ed Marx - Tompkins County Planning John Clancy - Forester with DEC Members of the Public : Naomi Strichartz, Ronda Roaring, Brian Eden, Jenny Ruhanen , Sander Targeson , Ted Jones Public Hearing Declared Open : Vice Chairperson Robert Roe declared the public hearing open at 7 : 15 p. m . and the following Notice of Publication was read : "PLEASE TAKE NOTICE that a public hearing will be held by the Planning Board of the Town of Danby on Wednesday, October 16, 2002 at 7 : 15 p. m. at 1830 Danby Road, Ithaca, New York to consider Granting a Special Permit to the Spencer-Van Etten Snowmobile club for designation and management of a snowmobile trail on part of the year-round section of Heisey road, and on the former Eastman Hill Road (abandoned by the Town in 1993 ), on Town of Danby Tax Parcel No . 13 . - 1 -22 . Sean Morris , President, Spencer-Van Etten Snowmobile Club . 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 : October 8 , 2002 Published: October 10, 2002 " Communications Received : 1 ) Memo from Steve Babcock 2 ) Tompkins County Planning Board Review 3 ) Affidavit of Neighbor Notification Robert Roe stated : "Let me be clear about this that this is not a referendum on snowmobiles in the State Forest. The Town does not have jurisdiction over the State Forest. If you wish to speak or address the Board please understand that we are considering a special permit that refers to two (2) sections of road, one abandoned and one seasonal . The total length of this road is approximately one half mile on one and 260 feet on the other. " Comments from Public : Rhonda Roaring - South Danby Road - concerned that the Town Supervisor, Planning Board Chairperson, Town Attorney and members of the Finger Lakes Trails Club were not in attendance to address the issue of the rights-of-way on these roads . She read a portion of the NYS Law ' e" 0 hr 2 Planning Board Public Hearing Spencer VEN ETTEN Snowmobile Club October 16 , 2002 regarding snowmobiles . Brian Eden - lived adjacent to the Danby State Forest for thirty (30) years - just because a road is not plowed does not mean that the Town no longer has legal responsibility for that road . Is concerned that the trails are used by ATV ' s most of the year. Jenny Ruhanen - asked that the Board take into consideration that trail is passing close to Babcock ' s house . (Rhonda Roaring interrupted the hearing and became very argumentive regarding the applications of the snowmobile club members . ) Ted Jones - favors the issuance of a special permit. Naomi Strichartz - is concerned that ATV ' s will use the trails . John Clancy - Forester from NYS DEC - the Snowmobile Club has gone through all of the requirements and the concerns of residents . The club cannot survive without working with land owners . This trail is just as safe as any other trail . Public Hearing Declared Closed : Vice Chairperson Roe declared the public hearing closed at 8 : 03 p . m . and the Planning Board entered into a regularly scheduled meeting of the Board. Respectfully submitted, phm- snow . 02 arol W. Scze(2Lá/ 274L4L/a ecreta p ry aMMEMI 29 TOWN OF DANBY PLANNING BOARD MINUTES OCTOBER 16, 2002 PRESENT : Vice Chairperson - Robert Roe Planning Board Members - William Farrell , Linda Hansen , Olivia Vent ABSENT : (Excused) Sarah Newman , Laurene Gilbert, David Hall Others Present: Carol Sczepanski - Secretary Susan Beeners - Code Enforcement Officer Sean Morris and Bob McFall - Applicants - Public Hearing - Spencer VanEtten Snowmobile Club Ed Marx - Tompkins County Planning John Clancy - Forester with DEC Members of the Public : Naomi Strichartz, Ronda Roaring, Brian Eden, Jenny Ruhanen, Sander Targeson , Ted Jones Vice Chairperson Robert Roe called the meeting to order at 8 : 03 p . m . following a public hearing regarding the Spencer VanEtten Snowmobile Club . Sean Morris reviewed the trail with the Planning Board members . RESOLUTION NO. 12 OF 2002 SEQR SPECIAL PERMIT, SPENCER-VAN ETTEN SNOWMOBILE CLUB TRAIL By : Olivia Vent : Seconded by William Farrell WHEREAS, this action is to Consider Granting a Special Permit to the Spencer-Van Etten Snowmobile Club for designation and management of a snowmobile trail on part of the year-round section of Heisey Road, and on the former Eastman Hill Road (abandoned by the Town in 1993 ) , on Town of Danby Tax Parcel No . 13 . - 1 -22 ; Sean Morris, President, Spencer-Van Etten Snowmobile Club, agent, and WHEREAS, this is an Unlisted Action for which the Town of Danby Planning Board is Lead Agency in environmental review, with the Tompkins County Depai tnient of Planning, the N.Y. State Office of Parks, Recreation, and Historic Preservation Bureau of Marine and Recreational Vehicles, and the N .Y . State Department of Environmental Conservation, Division of Lands and Forests having been notified for purposes of coordinated review; and WHEREAS, the Planning Board has reviewed the Short Environmental Assessment form and the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made, conditional on certain provisions which are recommended to be incorporated into any Special Permit grant; now, therefore , it is RESOLVED , that the Town of Danby Planning Board makes a negative determination of environmental significance for this action, conditional upon the following : 1 . The Special Permit, if granted, shall apply only as long as the Spencer-Van Etten Snowmobile Club ' s management of the subject routes is under the auspices of the State Snowmobile Trail Grant-in Aid Program as sponsored by the Tompkins County Department of Planning, unless further application is made to and granted by the Town of Danby Planning Board . 2 . Snowmobile use shall be confined to the designated route . 3 . Agreement as to the final location of the route along the year-round part of Heisey Road near the residence on Tax Parcel 21 . - 1 - 16 . 3 must be obtained between the owner of that parcel 730 2 Planning Board Resolution No . 12 October 16, 2002 and the Club and a final site plan for such shall be subject to approval by the Planning Board. 4 . Signage shall be posted by the club indicating "Slow" where the trail is located within 400 feet of any adjacent residence, most particularly, with respect to the proposed trail relocation on Heisey Road, near the residence on Tax Parcel 21 . - 1 - 16 . 3 . 5 . No snowmobile use of the trail sections shall occur between the hours of 11 : 00 p. m. and 7 : 30 a. m . 6 . No parking of vehicles related to snowmobile use shall be permitted within the Town year- round portion of Heisey road, where such parking would interfere with traffic and with snow removal . 7 . Signage for the route along former Eastman Hill Road shall include signage noting that no all-terrain vehicles or trail bikes are permitted on the designated snowmobile trail . 8 . The Club shall repair an eroded section of former Eastman Hill Road to remove potential hazards to snowmobile users . 9 . The Club shall coordinate its activities with the Finger Lakes Trail Club with respect to prohibiting snowmobiles and wheeled vehicles from using sections of the Finger Lakes Trail near former Eastman Hill Road that are not within the designated snowmobile route . A roll call vote on the resolution resulted as follows : (Planning Board Members Gilbert, Hall , Newman-excused) Farrell Aye Hansen Aye Vent Aye Roe Aye Carried Unanimously RESOLUTION NO. 13 OF 2002 SPECIAL PERMIT. SPENCER-VAN ETTEN SNOWMOBILE CLUB TRAIL By Olivia Hansen : Seconded by William Farrell WHEREAS, this action is to Consider Granting a Special Permit to the Spencer-Van Etten Club for designation and management of a snowmobile trail on part of the year-round section of Heisey Road, and on the former Eastman Hill Road (abandoned by the Town in 1993 ) , on Town of Danby Tax Parcel 13 . - 1 -22 ; Sean Morris, President, Spencer-Van Etten Snowmobile Club, agent, and WHEREAS, this is an Unlisted Action for which the Town of Danby Planning Board, acting as Lead Agency in environmental review, on October 16 , 2002 has made a negative determination with certain conditions, and WHEREAS, the Planning Board has held a public hearing on October 16, 2002 to hear all persons with respect to this mater; now, therefore , it is RESOLVED, that the Town of Danby Planning Board grants a Preliminary Special Permit to the Spencer-Van Etten Snowmobile Club for designation and management of a snowmobile trail on part of the year-round section of Heisey Road , and on the former Eastman Hill Road (abandoned by the Town in 1993 ) , on Town of Danby Tax Parcel No . 13 . - 1 -22, subject to the following conditions : 1 . The Special Permit shall apply only as long as the Spencer- Van Etten Snowmobile Club ' s management of the subject trail routes is under the auspices of the State Snowmobile Trail Grant-in Aid Program as sponsored by the Tompkins County Department of Planning, unless further application is made to and granted by the Town of Danby Planning Board . 2 . Snowmobile use shall be confined to the designated route. 31 Planning Board Resolution No . 13 October 16 , 2002 3 . Agreement as to the final location of the route along the year-round part of Heisey Road near the residence on Tax Parcel 21 . - 1 - 16 . 3 must be obtained between the owner of that parcel and the Club and a final site plan for such shall be subject to approval by the Planning Board. 4 . That the Spencer-Van Etten Snowmobile Club must demonstrate to the Planning Board that they have considered all possible options for siting the route . 5 . No snowmobile use of the trail sections shall occur between the hours of 11 : 00 p . m . and 7 : 30 a . m. 6 . No parking of vehicles related to snowmobile use shall be permitted within the Town year- round portion of Heisey Road, where such parking would interfere with traffic and with snow removal . 7 . Signage for the route along former Eastman Hill Road shall include signage noting that no all-terrain vehicles or trail bikes are permitted on the designated snowmobile trail . 8 . The Club shall repair an eroded section of former Eastman Hill Road to remove potential hazards to snowmobile users . 9 . The Club shall coordinate its activities with the Finger Lakes Trail Club , with respect to prohibiting snowmobiles and wheeled vehicles from using sections of the Finger Lakes Trail near former Eastman Hill Road that are not within the designated snowmobile route . 10 . The Town of Danby shall provide an indemnification agreement indemnifying and holding harmless the Town for activities related to this special permit in a form and substance satisfactory to the Town Attorney . Discussion : Susan Beeners reminded the Planning Board about an e-mail from Laurene Gilbert. Olivia Vent said that many of the issues raised by Laurene Gilbert were addressed in the public hearing and every effort has been made to address those concerns . A roll call vote on the resolution resulted as follows : (Absent : Planning Board Members Gilbert, Hall , Newman) Farrell Aye Hansen Aye Vent Aye Roe Aye Carried Unanimously Preliminary Sketch Plan Review - Proposed Palmer Subdivision(Muzzy Road) Vice Chair Roe reported to the Board that this review is for a subdivision proposal with insufficient frontage . He suggested that the Planning Board refer this to the Board of Zoning Appeals for its decision If there is no variance granted then we would be wasting our time with a Sketch Plan Review . Susan Beeners reported that a public hearing is scheduled to be held by the Board of Zoning Appeals for variance of the road frontage on October 24 , 2002 at 7 : 00 p . m . NRCS of Tompkins County Vice Chair Bob Roe reported that Tompkins County is now part of the Farm Security and Rural Investment Act of 2002 . It is now the Wildlife Habitat Incentive Program which is under a ten ( 10) year agreement with State support for restoring songbird supporting grasslands and the NRCS of Tompkins County is running the program . Olivia Vent asked that Bob Roe send information of the program to the Danby Area News . 732 Planning Board Resolution No . 1. 3 October 16, 2002 ADJOURNMENT : On a motion the meeting adjourned at 9 : 03 . (44J/ Jt! f/4,7444) Carol W. Sczepa a , Town Clerk min- 10- 16 . 02