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HomeMy WebLinkAbout2003-04-30 771 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING MINUTES APRIL 30, 2003 SCHLESINGER - SPECIAL PERMIT BED & BREAKFAST PRESENT : Chairperson - Sarah Newman Planning Board Members - William Farrell , Laurene Gilbert, Robert Roe ABSENT : (Excused) Olivia Vent, Lee Washsky Others Present : Linda Howe - Secretary pro-tem Susan Beeners - Code Enforcement Officer Jan Schlesinger - Applicant Members of the Public : Jan Schlesinger, Therese Araneo , Patricia Longaker, Edie Spaulding, Simeon & Cheyenne Redmond Public Hearing Declared Open : Chairperson Sarah Newman declared the public hearing open at 7 : 07 p . m . and the following Notice of Publication was read : "PLEASE TAKE NOTICE, that the Planning Board of the Town of Danby will hold a public hearing on Wednesday, April 30 , 2003 at 7 : 00 p . m. to consider a Request for Special Permit for the proposed use of an existing dwelling as a bed and breakfast dwelling, at 1011 Fisher Settlement Road, Town of Danby Tax Parcel 28 . - 1 - 13 . 2 , 37 . 36+/- acres total . Jan Schlesinger, Owner All persons will be heard in person or in writing. A meeting of the Planning Board will follow the public hearing . Dated : April 18 , 2003 Publish April 21 , 2003 " Communications Received : 1 ) Tompkins Co . Dept . of Planning 2) Affidavit of Publication 3 ) Affidavit of Neighbor Notification 2 Planing Board Public Hearing Schlesinger - Special Permit Application Chairperson Sarah Newman stated that Jan Schlesinger is present tonight and the board had received materials/maps/description of the project at the last meeting and drawings of details of the parts of the house to be used as rooms for guests & bath , safety exits , smoke alarms . Chairperson Sarah Newman asked Jan Schlesinger to summarize what she has proposed in writing to the board, what may be of interest here is the timing. Jan Schlesinger stated that she owns this place on Fisher Settlement and would like to rent some of her space out, when she returns to Fisher Settlement as a Bed & Breakfast. She would like the permit so that she can borrow some money for clean up outside . The time frame is approxiamately five years . Jan Schlesinger said she would like to offer lessons in horse back riding in the arena only due to insurance , plus she would like to offer sleigh rides and wagon rides on seasonal roads . 772 Comments from Public : Sue Beeners - spoke of Conservation easement with NYS , no changes to the outward appearance to the property that would conflict with the attentions of the Conservation easement are permitted . The state is in favor of the Bed & Breakfast because it is essential a residential use , regulated as a single family home . The parking area is adequate, but cannot be expanded and signs cannot be on the property . D . E . C . indicated that they would in courage the use of the blue signs at the intersection of Fisher Settlement and So . Danby Road . . Right now there are ones for the Pirates Club , McFall Tree farm & U-Pick Blueberries and this would be the perfect place for a sign . Recommended that she write a status report annually until the time the facility opens . Chairperson Sarah Newman asked if the annual status report was important enough to include as a condition of the Resolution? Sue Beeners suggest that you have a condition that would be an annual status report shall be submitted to the Planning Board up and until the time of opening, indicating the progress made in related plans . Public Hearing Declared Closed : Chairperson Sarah Newman declared this public hearing closed at 7 : 17 p . m . and the Planning Board entered into the second Public Hearing scheduled by the board. Respectfully submitted, Linda Howe , Secretary pro-tern phn- sch1 . 03 ` ' 3 TOWN OF DANBY PLANNING BOARD PUBLIC HEARING MINUTES APRIL 30, 2003 ARANEO - SPECIAL PERMIT APPLICATION PRESENT : Chairperson - Sarah Newman Planning Board Members - William Farrell , Laurene Gilbert, Robert Roe ABSENT : (Excused) Olivia Vent, Lee Washsky Others Present : Linda Howe - Secretary pro-tern Susan Beeners - Code Enforcement Officer Therese Araneo - Applicant Members of the Public : Jan Schlesinger, Therese Araneo, Patricia Longaker, Edie Spaulding, Simeon & Cheyenne Redmond Public Hearing Declared Open : Chairperson Sarah Newman declared the public hearing open at 7 : 18 p . m . and the following Notice of Publication was read : "PLEASE TAKE NOTICE, that the Town of Danby will hold a public hearing on Wednesday, April 30, 2003 at 7 : 15 p .m. to consider a Request for Special Permit for a proposed second, detached dwelling on one lot, at 1311 Coddington Road, Town of Danby Tax Parcel 5 . - 1 - 11 . 1. , 18 . 45 acres total , with the second dwelling to be in a renovated barn, Therese Araneo, Owner. All persons will be heard in person or in writing . A meeting of the Planning Board will follow the public hearing . Dated : April 18 , 2003 Published : April 22 , 2003 " Communications Received : 1 ) Tompkins Co . Dept . Of Planning 2) Affidavit of Publication 3 ) Affidavit of Neighbor Notification 2 Planning Board Public Hearing Araneo - Special Permit Application Chairperson Sarah Newman stated that Therese Araneo has prepared materials for the board. These are new materials in addition to the things you have received. Chairperson Sarah Newman asked Therese Araneo if she would like to make any comments regarding materials you have provided the board? Therese Araneo stated that there are two elevations, two sheets , one is the south elevation , the other the longitudional section labeled A001 and A501 . Starting with A501 , the exterior, some of the things the architect has proposed we are not interested in doing . We are not interested in changing the shape of the barns . We will have a deck facing south as on A001 . We are not committed to the gravel patio or the bridge, plans not final . Comments from Public : 77 4 Pat Longaker - Neighbor of the Araneo . Not opposed to growth in Danby. Asked if the house was a single family dwelling? How many units in barn? Therese Araneo answered it would be a single family dwelling. Ms . Longaker concerned about the ravine and how the septic system was going to be handled and that it drain away from the ravine and not go into Six Mile Creek. She stated that previous owners threw things into the ravine and she would not like to see that . Therese Araneo stated that there has been a lot of clean up . Ms . Longaker questioned the amount of acreage and if they had sold some? Therese Araneo stated that the property was surveyed when they purchased and that they have not sold any . Chairperson Sarah Newman - Questions about the overflow from the pipes around the new foundation that empty into the ravine and cause erosion . We will be wanting to add a condition that you will be willing to take steps necessary to prevent erosion . Therese Araneo - stated that when Dale Everhart did the work he was sensitive to drainage and diverted drains in different directions away from the house and she was more than willing to do take all measures necessary. Sue Beeners - The Planning Board would be interested in the exterior appearance , deck over looking the valley, shingles/weathered shakes , new roof The roof is it going to be a color or non-reflective? Do you have a general concept as far as window treatment? Therese Araneo - stated that the windows will be contemporary, but consistent with the barn, in terms of the roof we considering a metal roof and something which would blend, discussed color of the barn . Chairperson Sarah Newman - read a communication from Lee Washsky Pat Longaker - stated that this barn is so far off the road that no one can see it from the road. I 'm probably the only person who can see it while walking on my property and as long as she doesn ' t paint it hunter orange, I ' m happy . I think that sometimes in trying to protect the public we can get really carried away . Therese Araneo - stated that the barn sits about eight hundred feet from the Coddington Road and one of the beautiful things about this property is that is secluded, buffered by the ravine and very difficult to see . 3 Planning Board Public Hearing Aaron - Special Permit Application Public Hearing Declared Closed : Chairperson Sarah Newman declared this public hearing closed at 7 : 38 p . m. and we will open the regular meeting of the Planning Board . Respectfully submitted, Linda Howe, Secretary pro-tern phm-aran . 03 775 TOWN OF DANBY PLANNING BOARD MINUTES APRIL 30, 2003 PRESENT : Chairperson - Sarah Newman Planning Board Members - William Farrell , Laurene Gilbert, Robert Roe ABSENT : (Excused) Olivia Vent, Lee Washesky Others Present : Linda Howe - Secretary pro-tem Susan Beeners - Code Enforcement Officer Members of the Public : Jan Schlesinger, Therese Araneo, Patricia Longaker, Edie Spaulding, Simeon & Cheyenne Redmond Chairperson Sarah Newman called the regular meeting to order at 7 : 39 p . m . and our first item of business will be for the board to consider the requests that we have heard tonight and to discuss any issues that need to be discussed and then to consider the Resolutions, that we have before us concerning them . Start with the Schlesinger proposal . RESOLUTION NO. 5 of APRIL 30, 2003 GRANTING SPECIAL PERMIT - SCHLESINGER, 1011 FISHER SETTLEMENT ROAD By Robert Roe, Second by Robert Farrell WHEREAS, this action is the Consideration of a Request for Special Permit for the proposed use of an existing dwelling as a bed and breakfast dwelling, at 1011 Fisher Settlement Road, Town of Danby Tax Parcel 28 . - 1 - 13 . 2 , 37 . 36+/- acres total . Janice Schlesinger, Owner; and WHEREAS, this is a Type II action for which further environmental review is required ; and WHEREAS, the Tompkins County Planning Board Department, has been notified of this action pursuant to General Municipal Law 2391- and m ; and WHEREAS, New York State Department of Environmental Conservation , Division of Lands and Forest has been notified and has no objection to proposal ; and WHEREAS, that the Town of Danby Planning Board has held a public hearing on April 30, 2003 related to consideration of this matter; now, therefore , it is 2 Planning Board Minutes April 30, 2003 RESOLVED, that the Town of Danby Planning Board grants a Special Permit for the use of an existing dwelling as a bed and breakfast dwelling, at 1011 Fisher Settlement Road, Town of Danby, Tax Parcel 28 . - 1 - 13 . 2 , 37 . 36+/- acres total , as described in the Special Permit application reviewed by the Planning Board, with the condition that any specific signage related to the bed and breakfast dwelling be further subject to Town review and approval , and with the additional condition that annual status reports shall be submitted to the Town Planning Board up until the time of opening of the bed and breakfast indicating progress made on the plan . . A roll call vote on the resolution resulted as follows : 77 6 Farrell Aye Gilbert Aye Roe Aye Newman Aye Carried (Hansen, Vent and Washesky absent) RESOLUTION NO. 6, of APRIL 30, 2003 GRANTING SPECIAL PERMIT - ARANEO, 1311 CODDINGTON ROAD By Laurene Gilbert, Second by Robert Roe WHEREAS, this action is the Consideration of a Request for Special Permit for a proposed second, detached dwelling on one lot, at 1311 Coddington Road, Town of Danby, Parcel 5 . - 1 - 11 . 1 , 18 .45 +/- acres total , with the second dwelling to be in a renovated barn, Therese Araneo, Owner; and WHEREAS, this is a Type II action for which further environmental review is required; and WHEREAS, the Tompkins County Planning Department, has been notified of this action pursuant to General Municipal Law 239 1- and m ; and WHEREAS, the Town of Danby Planning Board has held a public hearing on April 30, 2003 related to consideration of this matter; now therefore, it is RESOLVED, that the Town of Danby Planning Board grants a Special Permit for the proposed second, detached dwelling on lot, at 1311 Coddington Road , Town of Danby Tax Parcel 5 . - 1 - 11 . 1 , 18 .45 +/- acres total , with the second dwelling to be in a renovated barn , Therese Araneo , Owner. 3 Planning Board Minutes April 30, 2003 A roll call vote on the resolution resulted as follows : Farrell Aye Gilbert Aye Roe Aye Newman Aye Carried (Hansen , Vent and Washesky absent) Simkin Site Plan Status Report : Sue Beeners reported that we need a better site plan . Presented new plans with turn around not running up Daetsch ' s border, but has been flipped as requested in Daetsch ' s letter. Discussed that the small trees will be removed and others will be left in tack . Simkin has retained Gary Wood to do the storm water pollution prevention plan required by D . E . C . for projects , where the land disturbance is over one acre . Simkin has finally decided to go ahead and do that . Sue has transmitted to them is a reiteration of what the Board has been looking for since the Public hearing, essentially a site plan showing all of the drainage improvements, even if just schematic as he will need for his storm water management. Talked about seeing culverts , driveway culverts and if there will be intercepter swells, things inherent in the storm water plan that they have to do . Talked about the buffer and him having to address the shade tree requirements for new streets, and maybe instead of planting trees, maybe think about just putting in some buffer plantings in near the Wright ' s . There are questions Bill Hall and Sue Beeners have concerns regarding the twenty foot flag is going to be suffient width to carry a twelve foot wide minimum driveway . Storm Water Plan is required prior to any constructions or any soil disturbance . Laurene Gilbert asked if she had discussed with the Board that there is a time limit on these permits? If the Storm Water Management Plan complies with all regulations outlined in the 7 7 7 permit the turn over is five days , if you have a different way of handling the storm water other than what is listed you sixty days you have to wait for any feed back from them . Robert Roe stated that they have to respond within sixty days . Sarah Newman one of the issues raised at the public hearing was the track record of the developer in terms of leaving sites unlandscaped, problems having to do with erosions after the building was all done . Sue Beeners stated that D . E . C , issues the permit, the developer has to implement that plan and a qualified person has to inspect weekly or after a half inch or inch of rain . The responsibility is Simkins , no the Towns and if any violations the D . E . C . enforcement will issue tickets . Sue Beeners has asked for a time frame when they will complete the preliminary plat which shows adequate site plan information. Reminded them that this is a Planned Development Zone which is why we can require more site plan information . She also stated that she told them the Board wants to see the updated material before they schedule any public hearing . She asked if the Board had conceptual problems with the changes in the lay out? Robert Roe stated that he had suggested it before and sees no reason for any problems with it. 4 Planning Board Minutes April 30 , 2003 Sketch Plan Review, Phinney Project, West King/West Jersey Hill Roads : Proposed Cluster Subdivision of Town of Danby Tax Parcel 1 . - 1 - 19 . 22 , 41 . 23 acres total , into three new building lots of 4 . 5 +/- , 4 . 3 +/- , and 2 . 8+/- acres each , with remaining lands comprised of 19+/- acres containing an existing house and conservation area, and 10+/- acres reserved for future use. The property is located on West King and West Jersey Hill Road: Eloise Phinney, Owner; Edith Spaulding, Applicant/Agent. Sarah Newman stated everyone has received a project description and the SEQR Review in this case is an unlisted action in which an Environmental Impact Statement will have to be filed . Sue Beeners stated that it means that it is short form SEQR review, which is a low threshold . Sarah Newman stated that this project was brought to the Board in 1992 , not sure if anyone was on the board then Bill Farrell stated that he was and that they had walked the property Sarah Newman stated that this was brought to the board in 1992 with a proposal for development and the proposal we are now looking at is a new development, the same idea the idea of a cluster development, the clustering arises as these houses will be behind houses that now face west King Road and between those houses Lick Brooke Creek. Lick Brook Creek is part of the UNA, part of the Unique Natural Area and a very valuable natural resource for the Town of Danby. Sue Beeners and I walked the property recently and she will give you an overview of what we have here . Sue Beeners two maps received in packet with hypotical roads going round with five building lots . The Cluster plan proposed map 2 which is proposed which is showing three building lots with details as to where the house, septic and well would be and a common driveway coming in from West King Road to serve lots two and three and lot one would have access from West Jersey Hill Road. Sue has worked with Edie Spaulding and advised her on D . E . C . permit, and two reasons that the yard area and septic are drawn on there one is to fulfill requirements for site plan for Cluster which is in our regs and the other was to try and figure out what the possible total disturbed area would be . Recommends that she consult with an engineer as it looks like it may be a hair over an acre . Discussed boundary lines , seventy five foot set back , accessory buildings, swimming pools , garages, you can put limits on this area. I see no adverse significant impact, however there should be conditions RE : Conservation Area that is proposed should be extended on the remaining lands which is the 10 acres on the other side of the street which Ms . Phinney wants to keep with part of the 19 acres for her son with deed restrictions . Discussed extending the seventy five feet to one hundred feet. Ms. Redman asked questions regarding what could be built in this seventy five foot/one hundred foot area? Sarah Newman said she could put an accessory building there Ms. Redman stated that she would like the Regulations/Limitations put on the lots prior to purchasing the property, so she would know what she could build and not build. 778 5 Planning Board Minutes April 30 , 2003 Accept Concept Phinney It was generally agreed that the Planning Board Accepts the Concept of the Cluster Subdivision on this proposal as it was presented(Phinney) . No vote needed . Statement for the record only . Sue Beeners said it would be a appropriate for Edie Spaulding and Ms . Phinney contact a surveyor/engineer to prepare a preliminary plat for a public hearing for the division of the lots and plan to get in line for engineer with D . E . C . and when the preliminary plat is received then the Planning Board could schedule a Public Hearing. Minutes : None Comprehensive Plan Public Hearing May 21 , 2003 Sarah Newman passed out the draft Comprehensive Plan . Discussed using Power Point for the Public Hearing, Pictures , Text Slides . Needs volunteers for presentations . Summaries available at the Town Hall , Danby Store . She reminded the Board that comments from the floor will be part of the permanent record . Sue Beeners asked about scheduling for Simkin & Phinney . Sarah Newman replied that would probably be the next Planning Board meeting on June 18 as the Planning Board has had extra meetings the last two months and she is reluctant to have extra meetings . Adjournment : Sarah Newman adjourned meeting at 9 : 02 p . m . Respectfully submitted , Linda Howe , Secretary Pro-tern min-4-30 . 03