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HomeMy WebLinkAbout2004-06-12 1429 TOWN OF DANBY TOWN BOARD MINUTES SPECIAL MEETING JUNE 12, 2004 PRESENT : Supervisor Fredric Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Naomi Strichartz ABSENT : Gladys Varona-Lacey (excused) Others Present: Mauro Marinelli - CMC Representative Barry Craddock - CMC Representative Susan Beeners - Code Enforcement Officer Carol Sczepanski - Town Clerk A Special Meeting of the Town Board was called by Supervisor Dietrich to receive additional information for the CMC Subdivision proposed to be located near NYS Rte. 96B and Comfort Road. Mauro Marinelli reported that a potential buyer of a lot in the proposed subdivision called and inquired about purchasing a lot. They were told that lots would not be available until spring. Unless this is a done deal, if a customer is interested in buying a lot they should be referred to him . Whoever talked to him on the phone said that there was going to be a moratorium and its not going to be available until spring. Mauro Marinelli said that he has recreated a time line with the engineer and would like to walk out of this meeting with a direction from the Town Board . He said he cannot keep designing as it is a moving target and reported to the Board that he is redrawing for the third time . He said that if the Town wants to keep this development inexpensive they are going to have to work with him. The Board and Mauro Marinelli discussed : What is expensive and affordable housing? What are regular people? What is regular income? Mauro showed the Town Board the redrawing of the roads showing the two hammerhead ends of the road . Councilperson Strichartz said that we are wanting not to have certain incomes excluded from living in Danby. She thinks that most people are making considerably less than $ 80, 000 per year. That ' s middle class or whatever. Most people she knows are making less and has heard from people who may have to leave Danby because they cannot afford to live here. Councilperson Strichartz said that if we do the townhouses or some sort of a condo thing, people 1 1 1430 2 Town Board Minutes Special Meeting June 12, 2004 who earn between $ 50,000 and $ 75 ,000 dollars per year can afford to own something. Mauro said that what we thought we could do for affordable housing would be to create affordable rental units . It costs $40,000 for over six units to file for condominiums . The Board reviewed the new drawings with the hammerheads and a median with Mauro and Barry. Susan Beeners said reference to having a single access, that the DOT would be involved with approving single access . If DOT is happy with not having the medium and our Town Engineer and Jody Allen say it is not going to compromise safety to omit the medium then the medium can go . This is the standard way of having a separate lane in case there is an accident. Supervisor Dietrich said we need to address open space set asides and working landscapes . Supervisor Dietrich said that the developers need confirmation on the roads . That means that space, landscaping, housing makeup and water could be discussed at a separate meeting. Specifically the developers want to leave this meeting today knowing whether the Town is basically going to endorse some form of access . Councilperson Gagnon said that he would like to see meaningful chunks of agricultural land left over after development Mauro said that the Planning Board was ready to approve this road and has approved the conceptual layout of this development . When they approved this layout this road was a part of that. It is his understanding in this Town that the Town Board has to propose the road and the Planning Board the layout. That means that if you approve this road then the Planning Board can do the rest of the development. Councilperson Gagnon said that the concern is that some of the rules that they are using do not address some of the concerns of the Comprehensive Plan which is why he is involved in this . What we are trying to do is pushing you in the direction that is closer to crafting this in order to be consistent with the Comprehensive Plan which you are not going to get to using the current Subdivision Regulations . He said that the Planning Board must look at it within the context of the existing rules of the Zoning Ordinance and the Subdivision Regulations which are inconsistent with the Comprehensive Plan. Councilperson Gagnon asked Mauro if we could strike a compromise to allow us to go forward as opposed to catching CMC in the moratorium. He said that is the reason we are negotiating something that we can all live with and that is why the Town Board is involved in the process . It is not just going to be the Planning Board saying okay within the current rules . Barry Craddock and Mauro explained the new drawing, the lot layout and the drainage area in detail 1431 3 Town Board Minutes Special Meeting June 12 , 2004 to the Board. The Board and developers discussed the plan including conservation areas . Discussion on Water Susan Beeners said that the residents in Old Town Village want the Town to hire a geologist. She told CMC that with any iteration of the subdivision is after you initiate a preliminary plat application, review fees then deposit them in escrow, Dave Herrick looks at the water information, John Anderson looks at the report and the Town can decide at its discretion to get a second opinion from another consultant hydrologist at the developers expense . Susan said that there are some well deficiencies that are pre-existing in Old Town Village that are subject to further looking and getting another consultation. Mauro said that residents who have a bad well should hire their own geologist, your own hydrologist, and have them analyze your well first before the Town listens to them . If they have an existing bad well they can' t use that to stop this . Brayton Foster said that all the wells (the two new test wells and the other three wells tested) are more than 2 , 000 feet from the proposed development and would not have any impact. All the wells that are drilled in Olde Towne Village are within 150 feet of each other. When they were drilled and tested nothing happened. The closest well to Olde Towne Village is more than 400 feet. In the test criteria from an expert in the field we have proven that it is not going to have an impact on the water in Old Town Village. Councilperson Strichartz said that they should be able to choose a hydrologist, have it tested and put it to rest . If Brayton Foster is right then the other hydrologist is going to say the same thing. Discussion on the Road Mauro Marinelli asked the Board if we could approve the road with the two hammerheads so that they can design around it . The Highway Department has specs that they are required to meet. He does not want to commit to this road and then have the Board say it is not what they want. Supervisor Dietrich said that he could see us saying we accept the road conceptually as ispresented but that still leaves some factors to be decided . Councilperson Nolte said that we cannot hold him hostage through other issues . He said that he does not want to be held personally liable for this . We must use the regulations that are in place . They may not be the same six months from now. Susan Beeners said that wanting to hear from the people is appropriate and she thinks that if the Town Board could come to some kind of an agreement about the housing makeup and the road, then I 1 I ■ I .. 1. 11 I r d : . 1 r i. r I 1432 4 Town Board Minutes Special Meeting June 12 , 2004 Mauro could proceed. Maybe even with the road with two (2) alternatives on housing. 1 ) single family lots . 2) with rentals like the future condo situation and the developers could come up with two (2) sketch plans . we have something that could go to a Planning Board meeting or a Town Board meeting. She said that as representatives of the Town you should know your constituents and should be able to at least allow them to get a couple of concepts . Councilperson Nolte suggested that he and Councilperson Varona-Lacey and maybe two members of the Planning Board meet with the developers and then report to the Board. The Board discussed the new plan for the road in the development . Motion to Vote on Conceptual Approval of Road in Proposed CMC Development A motion was made by Councilperson Nolte and seconded by Supervisor Dietrich that the Town Board of the Town of Danby vote on the conceptual road in the proposed CMC development. Discussion : Councilperson Gagnon said that he does not think that the Board should be voting on this. Supervisor Dietrich said that he would be inclined to vote on the road . All things considered that a form of this proposal will go ahead. That vote when we get to it will basically decide that this development is going to happen in one way form or another. Councilperson Gagnon agreed with Supervisor Dietrich Councilperson Strichartz said that she wants to wait to hear from the public and from Councilperson Varona-Lacey as well. Councilperson Nolte said that he wished the two roads were connected. Mauro Marinelli said that they started on January 3 , 2004 and had a tentative schedule for June 14 . If we complied with the a compromise plan, everything we have done this far is almost no good . All the money we have spent is gone. Everything starts again . He wants to find out if we can work together and come to a compromise plan, will you fast track this and stop stalling them on technicalities . A roll call vote on the motion resulted as follows . Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye x433 5 Town Board Minutes Special Meeting June 12, 2004 (Councilperson Varona-Lacey absent) Carried RESOLUTION NO. 41 OF 2004 CONCEPTUAL APPROVAL OF ROAD FOR THE CMC DEVELOPMENT By Councilperson Gagnon: Seconded by Councilperson Strichartz RESOLVED, that the Town Board of the Town of Danby grants conceptual approval of a road layout for the proposed CMC subdivision, the layout to consist of a single access on Danby Road opposite Nelson Road, notwithstanding subsequent requirements of project approval for the CMC proposed subdivision development . A roll call vote on the resolution resulted as follows : Gagnon Aye Nolte Aye Strichartz Aye Dietrich Aye (Councilperson Varona-Lacey absent) Carried The Board discussed with Mauro Marinelli the issue of affordable housing and whether to place rental units, two family units, same size duplexes or condominiums in the subdivision. ADJOURNMENT : On a motion the meeting adjourned at 10 : 30 p .m . da-1 W Carol W. Sczepans , Town Clerk spm-6- 1 2 . 04