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HomeMy WebLinkAbout2003-09-22 G G If E 28 1 Public Hearing Minutes Comprehensive Plan October 22, 2003 TOWN OF DANBY TOWN BOARD MINUTES PUBLIC HEARING - COMPREHENSIVE PLAN SEPTEMBER 22 , 2003 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon , Norbert Nolte , Naomi Strichartz , Gladys Varona Lacey Others Present : Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Sarah Newman - Planning Board Chairperson Members of the Public : Connie Sczepanski , Heather Lynch , Robert Roe , Felecia Davis , Lee Washesky, Chris & Ginny Gartlein, Ester and Arch Dotson, Olivia Vent, Mary Oltz, Ken Horst, Dorothy Daetsch, Phil Zach, Steve & Cathy Hornbrook, Mary Woodsen Public Hearing Declared Open Supervisor Ric Dietrich declared the public hearing open at 7 : 05 p . m. and read the following Notice of Publication "PLEASE TAKE NOTICE, that the Town Board of the Town of Danby will hold a public hearing on Monday September 22 , 2003 at 7 : 00 p . m . at 1830 Danby Road, Ithaca, New York for the Draft Town of Danby Comprehensive Plan . All interested persons will be heard either in person or in writing . A Regular Meeting of the Town Board will follow the public hearing. Dated : September 12 , 2003 Publish : September 16 , 2003 " Chairperson of the Planning Board gave an short presentation and an overview of the Draft Danby Comprehensive Plan . Code Enforcement Officer Susan Beeners gave an overview and description of land use sections of the Draft Comprehensive Plan . Comments from the Public : Ken Horst, past member and Chairperson of the Danby Planning Board complemented the Planning Board and the Town Board and stated that he thinks this is a well done plan . He said that one of the major thrusts of the plan concentrates on rural character. He suggested that consideration be given for a broadening of the definition of agriculture. He would like to see it expanded to nurseries, green houses , etc . There are a lot of things that fall under this definition that are not listed. Phil Zack asked if the Town Board if there was any thought given to priorities? Supervisor Dietrich said that priorities would be left up to the Planning Board. They will classify and prioritize items in the Summary of the Comprehensive Plan . Chris Gartlein questioned the map and asked if the white areas had been surveyed and if the landowners have not cooperated? Susan Beeners described the areas on the map including the New York State Forest Lands . Public Hearing Declared Closed : Supervisor Dietrich declared the public hearing closed at 7 : 4 p . m . al4441-1)Carol W. Sct ski , Town Clerk ; jli i I ]I 111. 1 1 Town Board Minutes Special Meeting October 22, 2003 TOWN OF DANBY TOWN BOARD MINUTES SEPTEMBER 22 , 2003 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon , Norbert Nolte , Naomi Strichartz, Gladys Varona Lacey Others Present : Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk Sarah Newman - Planning Board Chairperson Members of the Public : Connie Sczepanski , Heather Lynch , Robert Roe, Felecia Davis , Lee Washesky , Chris & Ginny Gartlein , Ester and Arch Dotson, Olivia Vent, Mary Oltz, Ken Horst, Dorothy Daetsch, Phil Zach , Steve & Cathy Hornbrook, Mary Woodsen Supervisor Fredric Dietrich opened the meeting of the Board at 7 : 40 p . m . and led all present to the Pledge of Allegiance to the American Flag . Following a public hearing to hear the public on the Draft Comprehensive Plan the following resolutions were introduced and approved . RESOLUTION NO . 66 of 2003 SEQRA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WITH RESPECT TO ADOPTION OF THE 2003 TOWN OF DANBY COMPREHENSIVE PLAN By Councilperson Gagnon : Seconded by Councilperson Nolte WHEREAS, this Action is the consideration of a SEQRA Determination of Environmental Significance with respect to adoption of the 2003 Town of Danby Comprehensive Plan; and WHEREAS, the adoption of the Comprehensive Plan is being treated as a Type I action, for which the Town Board is Lead Agency for environmental review , with the Planning Board an involved agency ; and WHEREAS, the Planning Board by Resolution No . 8 of 2003 , on June 18 , 2003 , recommended to the Town Board that a negative determination of environmental significance be made for this action; and WHEREAS, the Town Board on September 22 , 2003 has further heard the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this action ; NOW, THEREFORE, IT IS RESOLVED, that the Town Board of the Town of Danby, acting a lead agency in environmental review, hereby makes a negative determination of environmental significance for this Type I action. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously 0 UUT 2 Town Board Minutes Special Meeting October 22 , 2003 RESOLUTION NO. 67 of 2003 ADOPTION OF THE 2003 TOWN OF DANBY COMPREHENSIVE PLAN By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey WHEREAS,the Town of Danby Town Board by Resolution No . 16 of 1996 directed the Town of Danby Planning Board to review the 1989 Comprehensive Plan for applicable changes , and by Resolution No . 46 of 1998 approved the general work scope for an updated Comprehensive Plan ; and WHEREAS, the Planning Board conducted various activities in the process of preparing an updated Comprehensive Plan, including obtaining public input, gathering information , and meeting with the Town Board ; and WHEREAS, the Planning Board on May 21 , 2003 held a public hearing for review of the Draft of the Comprehensive Plan ; and by Resolution No . 8 of 2003 , on June 18 , 2003 , transmitted a modified June , 2003 Draft to the Town Board with a recommendation that a negative determination of environmental significance be made, and that the Draft be adopted by the Town Board ; and WHEREAS, the Tompkins County Department of Planning reviewed the April , 2003 Draft of the Town of Danby Comprehensive Plan pursuant to General Municipal Law 239 - 1 & -m, and determined that the document has no negative inter-community or county-wide impacts ; and WHEREAS, the Town Board made various modifications to the June, 2003 Draft which did not significantly alter the content or scope of the Draft transmitted by the Planning Board ; and WHEREAS, the Town Board on September 22 , 2003 , acting as Lead Agency in environmental review with respect to adoption of the 2003 Town of Danby Comprehensive Plan , a Type I action , made a negative determination of environmental significance ; and WHEREAS, the Town Board on September 22 , 2003 held a public hearing at 7 : 00 p . m . to hear all interested parties with respect to the proposed adoption of the 2003 Town of Danby Comprehensive Plan, which hearing was duly advertised in the Ithaca Journal ; NOW, THEREFORE, IT IS RESOLVED , that the Town Board of the Town of Danby, pursuant to Town Law 272 -a, hereby adopts the August, 2003 Draft of the 2003 Town of Danby Comprehensive Plan . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion of Appreciation for Planning Board and Chairperson A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board extends its appreciation to the Danby Planning Board and to Chairperson Sarah Newman for the hardworking preparation of the Danby Comprehensive Plan . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye 6 U 3 Town Board Minutes Special Meeting October 22, 2003 Dietrich Aye Carried Unanimously Motion to Approve Expenditures for Copies of the Comprehensive Plan A motion was made by Councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby approves the expenditures for the production of bound copies and other copying products not to exceed $ 500 to be charged to Account No . A8020 .401 . A roll call vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 68 OF 2003 By Councilperson Strichartz : Seconded by Councilperson Varona-Lacey RESOLVED, that the Town Board of the Town of Danby hereby sets fees for the purchase of the adopted 2003 Town of Danby Comprehensive Plan, with the fee for the full , bound Plan to be $ 30 .00 per copy, and with the fee for the Summary of the Plan to be $ 1 . 00 per copy. A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Minimum Maintenance Roads Councilperson Gagnon said that there is an issue that was not resolved regarding the concern that Priscilla Barber raised regarding the difference between the designation of Seasonal Maintenance and Low Maintenance . A building permit can be obtained on a seasonal road for a seasonal residence and Susan Beeners reported that RESOLUTION NO . 69 OF 2003 SEQRA DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE WITH RESPECT TO THE PROPOSED LOCAL LAW NO . 2 OF 2003 ENTITLED : "A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 2002 BY DESIGNATING THE SEASONAL- MAINTENANCE PORTIONS OF BALD HILL ROAD. BEECH HILL ROAD, BRENDA LEE LANE, BRUCE HILL ROAD, CURTIS ROAD, EMERY ROAD, HILL ROAD, LARUE ROAD , TRAVOR ROAD, AND TUPPER AVENUE AS MINIMUM MAINTENANCE ROADS" By Councilperson Nolte : Seconded by Councilperson Strichartz WHEREAS, this Action is the consideration of a SEQRA Determination of Environmental Significance with Respect to the Proposed Local Law No . 2 of 2003 entitled : "A Local Law Amending Local Law No . 3 of 2002 by Designating the Seasonal-maintenance Portions of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road, LaRue Road, Travor Road, and Tupper Avenue as Minimum Maintenance Roads" ; and WHEREAS, this is an Unlisted Action for which the Town Board of the Town of Danby is Lead Agency in environmental review, and for which the Tompkins County Department of Planning, as an interested agency, has been notified for purposes of General Municipal Law 239 review; and WHEREAS, the Town Board of the Town of Danby has reviewed the SEQRA Environmental Walt 4 Town Board Minutes Special Meeting September 22 , 2003 Assessment Form and the recommendation of the Code Enforcement Officer that a negative determination of environmental significance be made for this Action ; NOW, THEREFORE IT IS RESOLVED, that the Town Board of the Town of Danby, acting as Lead Agency in environmental review of this Unlisted Action , makes a negative determination of environmental significance . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona- Lacey Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 70 OF 2003 ADOPTION OF LOCAL LAW NO. 2 OF 2003 ENTITLED : "A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 2002 BY DESIGNATING THE SEASONAL-MAINTENANCE PORTIONS OF BALD HILL ROAD, BEECH HILL ROAD, BRENDA LEE LANE, BRUCE HILL ROAD, CURTIS ROAD, EMERY ROAD, HILL ROAD, LARUE ROAD, TRAVOR ROAD, AND TUPPER AVENUE AS MINIMUM MAINTENANCE ROADS " By Councilperson Varona-Lacey : Seconded by Councilperson Nolte WHEREAS, a public hearing was held by the Town Board of the Town of Danby at 7 : 00 p . m . on September 15 , 2003 to hear all interested parties on the Proposed Local Law No . 2 of 2003 entitled : "A Local Law Amending Local Law No . 3 of 2002 by Designating the Seasonal-maintenance Portions of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road , LaRue Road, Travor Road, and Tupper Avenue as Minimum Maintenance Roads " ; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal ; and WHEREAS, said public hearing was duly held at said date and time at the Town Hall at 1830 Danby Road Ithaca, New York, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and WHEREAS, pursuant to part 617 of the Implementing Regulations pertaining to Article 8 ( State Environmental Quality Review Act) the Town Board , acting as Lead Agency in environmental review of this Unlisted Action, has made a negative determination of environmental significance ; and WHEREAS, the Tompkins County Department of Planning on August 4 , 2003 has indicated pursuant to General Municipal Law ss239 that the matter has no negative inter-community or county- wide impacts ; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Danby hereby adopts said Local Law No . 2 of 2003 entitled : "A Local Law Amending Local Law No . 3 of 2002 by Designating the Seasonal - maintenance Portions of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road, LaRue Road, Travor Road, and Tupper Avenue as Minimum Maintenance Roads", a copy of which is attached hereto and made part of this resolution ; and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. LOCAL LAW NO . 2 OF 2003 : t o T J I 1 I 1 9. '` I 1611 : 5 Town Board Minutes Special Meeting September 22, 2003 A Local Law Amending Local Law No. 3 of 2002 by Designating the Seasonal-maintenance Portions of Bald Hill Road, Beech Hill Road, Brenda Lee Lane, Bruce Hill Road, Curtis Road, Emery Road, Hill Road, LaRue Road, Travor Road, and Tupper Avenue as Minimum Maintenance Roads Be it enacted by the Town Board of the Town of Danby as follows : Section 1 This local law amends Section 2 of Local Law No . 3 of 2002 , "A Local Law Classifying Certain Roads or Portions Thereof as Minimum Maintenance Roads" , adopted by the Town Board on December 30 , 2002 , as subsequently amended by Local Law No . 1 of 2003 , by adding the specific roads or sections of roads described herein to the list of low volume roads which are designated as minimum maintenance roads . Section 2 of Local Law No . 3 of 2002 is hereby further amended by adding new subsections h through q which read as follows : "h . The seasonal-maintenance portion of Bald Hill Road, commencing at the centerline of its intersection with Station Road, and thence running southerly 13 , 800 +/- feet to the center line of its intersection with Michigan Hollow Road . I . The seasonal -maintenance portion of Beech Hill Road, commencing 600+/- feet north of the centerline of the intersection of Beech Hill Road and Dawes Hill Road, and thence running southerly 7 , 570+/- feet to a stop sign at the intersection of Beech Hill Road and Maple Avenue . j . The seasonal -maintenance portion of Brenda Lee Lane , commencing at the centerline of its intersection with Howland Road, and thence running northerly 2 , 850 +/- feet to the north boundary of the Danby State Forest. k . The seasonal -maintenance portion of Bruce Hill Road, commencing 1 , 915 +/- feet north of the centerline of the intersection of Bruce Hill Road and Brown Road, and thence running easterly and northerly 3 , 525 +/- feet to the west side of the driveway of Tax Parcel 8 . - 1 -23 . 211 ( 120 Bruce Hill Road , Gary Price , reputed owner) . 1 . The seasonal -maintenance portion of Curtis Road, commencing 675 +/- feet south of the centerline of its intersection with Hill Road, and thence running southerly 11 , 975 +/- feet to the centerline of its intersection with Fisher Settlement Road. m. The seasonal-maintenance portion of Emery Road , commencing 700+/- feet north of the centerline of the intersection of Emery Road and Brown Road, and thence running northeasterly 825 +/- feet to the abandoned road bed of Emery ( Spur) Road . n . The seasonal -maintenance portion of Hill Road, commencing 250 +/- feet south of the northeast corner of lands of Danby State Forest (Tax Parcel No . 23 . - 1 -9) , and thence running southerly 10 , 243 +/- feet to the boundary of the Town of Danby and the Town of Spencer. o . The seasonal - maintenance portion of LaRue Road, commencing 940 +/- feet east of the centerline of the intersection of LaRue Road with Fisher Settlement Road, and thence running easterly 2 , 860 +/- feet to a point which is 200 +/- feet east of the southwest corner of Danby State Forest (Tax Parcel No . 30 . - 1 - 5 ) . p . The seasonal -maintenance portion of Travor Road , commencing at the centerline of its intersection with Peter Road, and thence running northerly 8 , 515 +/- feet to a point which is 120 +/- feet south of the northern boundary of Danby State Forest (Tax Parcel No . 20 . - 1 - 30) . q . The seasonal-maintenance portion of Tupper Avenue , commencing at the stop sign at the intersection of Tupper Avenue and Maple Avenue, and thence running westerly 1 , 691 +/- feet to the boundary of the Town of Danby and the Town of Newfield . " 6 Town Board Minutes Special Meeting September 22 , 2003 Section 2 — Separability In the event that any portion of this local law amending Section 2 of Local Law No . 3 of 2002 is declared invalid by a court of competent jurisdiction, the remaining portions shall not be affected by such declaration of invalidity . Section 3 — Effective Date This local law amending Section 2 of Local Law No . 3 of 2002 shall take effect immediately upon the posting of appropriate signage conforming to the Manual of Uniform Traffic Control Devices pursuant to Sections 4, 6, and 11 of Town of Danby Local Law No . 2 of 2002 , and upon its filing in the Office of the Secretary of the State of New York. A roll call vote on the resolution resulted as follows ; Gagnon Aye Nolte ' Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously Motion to Hold Special Meeting A motion was made by councilperson Gagnon and seconded by Councilperson Nolte that the Town Board of the Town of Danby will hold a Special Meeting on Monday, September 29 , 2003 at 7 : 00 p . m . to review a grant proposal for the submission of a Tompkins County Community Revitalization Grant. A vote on the motion resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Varona-Lacey Aye Dietrich Aye Carried Unanimously V ADJOURNMENT : On a motion the meeting adjourned at 8 : 12 p . m . ial lifttazj Carol W . Sczepansk'; own Clerk min -9-22 . 03 21