HomeMy WebLinkAbout2005-04-11 TOWN OF DANBY
TOWN BOARD PUBLIC HEARING MINUTES
APRIL 11 , 2005
APPEAL OF PLANNING BOARD
RESOLUTION NO. 4 OF 2005
APPROVAL OF SPECIAL PERMIT
TO THE COMMON GROUND
PRESENT :
Supervisor Dietrich
Councilpersons : Norbert Nolte, Naomi Strichartz, Gladys Varona Lacey
ABSENT :
Councilperson Joel Gagnon (excused)
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Robert Roe, Douglas Miller, Roy Casterline, Randy Ingell, James Reagan, Sue Howe, C .J . Kilgore,
Amanda House, Josh Benjamin, Ames Brown, Carl Brewer, Linda Bryan
Public Hearing Declared Open
Supervisor Dietrich declared the public hearing open at 7 : 03 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, April 11 , 2005 at 7 : 00 p .m. at 1830 Danby Road, Ithaca, New
York to Consider the Appeal to the Town Board of the Town of Danby, of the February 17, 2005
decision of the Town of Danby Planning Board granting a Special Permit to the Common Ground,
Douglas D . Miller, Owner, 1230 Danby Road, Danby Tax Parcel No . 2 . - 1 - 8 . 1 , in which decision the
Planning Board granted a Special Permit with various conditions for a roofed smoking patio
proposed to be located on the east side of the existing building, and also with respect to uses of
outdoor areas for various activities and events associated with the building. Randall F. Ingell and
James S . Reagan, applicants .
Interested persons may view the appeal information at the Town Clerk ' s Office during regular office
hours .
All interested persons will be heard either in person or in writing.
By Order of the Town Board
Carol W . Sczepanski, Town Clerk
Dated March 31 2005
Published April 2 , 2005
Communications :
Affidavit of Publication
Affidavit of Notice by Mail
Robert Roe, Chairperson of the Planning Board gave background information on the Planning
Boards decision to recommend the issuance of a Special Permit to the Common Ground .
Randall Ingall described his views that he believes the Town Board was not aware of especially the
additional activities that have increased since they moved into the neighborhood.
Carl Brewer - said the noise level from amplified sound is unbearable at his home on Comfort Road.
Linda Bryan - said she had been a neighbor for over ten years . The noise level has increased with
additional activities . It is not pleasant in her neighborhood when there is amplified sound or other
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outside activities .
Doug Miller said that actually he had obtained a permit to build the gazebo and agrees that the noise
level should be monitored .
C . J . Kilgore asked how many outside concerts they had .
Doug Miller said that last year there were five concerts .
Public Hearing Declared Closed
Supervisor Dietrich declared the public hearing closed at 8 : 00 p .m.
(1441A.i . jr-feh<Atia:
Carol W . Sczepotiliki, Town Clerk
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1 Town Board Minutes
April 11 , 2005
TOWN OF DANBY
TOWN BOARD MINUTES
APRIL 11 , 2005
PRESENT :
Supervisor Dietrich
Councilpersons : Norbert Nolte, Naomi Strichartz , Gladys Varona Lacey
ABSENT :
Councilperson Joel Gagnon (excused)
Others Present :
Carol Sczepanski - Town Clerk
Susan Beeners - Code Enforcement Officer
Members of the Public :
Robert Roe, Douglas Miller, Roy Casterline, Randy Ingell, James Reagan, Sue Howe, C . J . Kilgore,
Amanda House, Josh Benjamin, Ames Brown, Carl Brewer, Linda Bryan
Supervisor Dietrich called the meeting to order at 8 : 00 p .m . and led all present to the Pledge of
Allegiance to the American flag .
Additions to the Agenda :
1 ) Under New Business - Discussion on the appeal of the Planning Board Resolution approving
Special Permit to the Common Ground .
2) Under Old Business - Bonding package update
3) Under Old Business - Highway Department Agreement to spend money
4) Under Old Business - Snow and Ice Contract for the Highway Department
Privilege of the Floor :
Councilperson Strichartz said that she would like to see some legislation for amplified sound as this
is a reoccurring problem .
Town Clerk reported that she will be attending the NYSTCA Conference in Buffalo from April 17 -
20 and the Clerk ' s office will be closed . Tax Collection Reminders have been mailed to residents
who have not paid their taxes .
Bob Roe reported that he received a 740% increase in his assessment on a completely useless piece
of land in Lansing (a strip that is 15 feet wide) .
County Representative Report
County Representative Frank Proto reported that the 51 % of the property in Tompkins County is
now receiving exemptions .
Taxes - There are fewer properties paying more taxes . He is going to be approaching the assessors
about granting another exemption through taxes for fire company personnel .
Open Burning - The Board of Health is looking at legislation to ban all open burning in Tompkins
County. County Priorities - The Strategic Planning Committee is trying to identify four or five
priorities . Ag Protection Plan - In progress . County Spending - we need to get the County
spending under control .
Reports :
EMC - Environmental Management Council Report
Robert Roe reported that the open burning issue was not unanimous at the EMC meeting as it still
includes the standard agriculture exemption.
Highway Department Report
Sue Howe reported that the Highway Department has submitted their March 2005 Report and the
Agreement to Spend Money. The repairs on one-ton since January 2003 - the present have cost
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2 Town Board Minutes
April 11 , 2005
$ 19 ,421 . 72 and does not include regular maintenance costs and the recent repair to the frame on the
truck.
Planning Board Report
Robert Roe reported that the Planning Board met and the sole item on the agenda was the Planning
Board review of the revisions made by the Comprehensive Plan Task Force. The Board has received
the changes that the Planning Board thought were appropriate . There are wording changes in
suggested in several places plus the scrapping of the fence requirement on the conservation land .
Recreation Partnership
Supervisor Dietrich reported that Councilperson Strichartz has received a questionnaire that would
be run in the Danby Area News for feedback.
Highway Report - March 2005 received
Zoning Report - March 2005 received
Dog Control Report - SPCA March report received .
Miscellaneous Report - ATV' s
Robert Roe reported that New York State has a draft ATV policy. The State is not going to support
ATV ' s as a State supported use . What they are looking at is to ease the use of ATV ' s to get to sites
to participate in other supported activities . The closed public hearing to be held in this area is on
May 5 , 2005 at the State Fair Grounds 581 State Fair Boulevard in the Martha Eddy Room .
Senior Citizen ' s
Carol Sczepanski reported that the Senior Citizens met on Thursday, April 7 , 2005 and forty-seven
seniors were in attendance for the luncheon meeting. The ham for the luncheon was provided and
the guests gave a brief program on original hand made dolls .
Community Council
Community Council is in the process of scheduling concerts .
Parade Committee
Susan Beeners reported that the Parade Committee met with Community Council Committee people
who are organizing the funding for July 16 , 2005 at the Danby Fire Department. They have tentative
word that they may receive the grant award of approximately $ 2 ,000 . There will be amplified music
at the pavilion and at the Danby General Store .
OLD BUSINESS
Bonding Update
Supervisor Dietrich reported that we have compiled a list of what we have been working on with the
Town Barns and the Highway Superintendent has submitted a program regarding replacement trucks .
We now have all of those figures in hand for replacement trucks and he would like to give the Board
a preliminary report and make suggestions of how we should proceed .
Ted Jones reviewed the list of Projects and Equipment needs and the borrowing potential to help
prioritize the needs for a bonding package . The Board needs to decide what items are to be
purchased and how much money is needed . He said he is not prepared to discuss leasing of
equipment verses bonding at this time .
After much discussion Supervisor Dietrich said that the probably the next step we will take is to sign
the McMaster Contract, helping them coordinate this material, getting a second opinion from another
engineering firm for an estimate to compare the cost of the salt barn. .
NEW BUSINESS
RESOLUTION NO 36 OF 2005
AUTHORIZING TOWN SUPERVISOR TO ACCEPT ALTERNATIVE FINANCIAL
GUARANTEE TO A LETTER OF CREDIT, CMC DEVELOPMENT SUBDIVISION, AND
TO CONSIDER TERMS RELATED TO ISSUANCE OF BUILDING PERMITS IN SAID
3 Town Board Minutes
April 11 , 2005
SUBDIVISION
By Councilperson Strichartz : Seconded by Councilperson Nolte
WHEREAS, the Town Board of the Town of Danby by Resolution No . 54 of 2004 on October 11 ,
2004 further accepted the proposed location and design of public roads, public stormwater
management areas, drainage easements , and easement for general municipal purposes, in the CMC
Development Subdivision, proposed to be located on Town of Danby Tax Parcels 2 . - 1 -9 and 2 . - 1 -
17 . 2 , notwithstanding subsequent requirements of project approval, and subject to various
conditions ; and
WHEREAS, among the conditions of said Resolution were " Submission of a Letter of Credit from
a financial institution chartered under the laws of the State of New York, in form and substance
satisfactory to the Town Supervisor and the Attorney for the Town in an amount estimated by them
to be sufficient to secure the cost of completing said Project and conveying said public
improvements to the Town, of any proceedings brought to compel such conveyance, and of
constructing said Project in accordance with the Town ' s Highway Specifications and Subdivision
Regulations"; and
WHEREAS, the developer has requested that a financial guarantee such as an Insurance Bond be
accepted in lieu of a Letter of Credit ; and
WHEREAS, Section 612 , Subsection 4 of the Subdivision Regulations of the Town of Danby
permits the Town Board to accept other evidence or promise of completion of required
improvements ; NOW, THEREFORE, IT IS
RESOLVED, that the Town Board of the Town of Danby authorizes the Town Supervisor and the
Attorney for the Town to act on behalf of the Town Board in accepting an alternative financial or
performance guarantee to a Letter of Credit, in a form and in an amount estimated by them to be
sufficient to secure the cost of completing said project and conveying said public improvements to
the Town, of any proceedings brought to compel such conveyance, and of constructing said Project
in accordance with the town ' s Highway Specifications and Subdivision Regulations : ; and it is
FURTHER RESOLVED, that the Town Board of the Town of Danby authorizes the Code
Enforcement Officer to issue building permits for the construction of dwellings in said subdivision
subject to the following conditions :
1 . Acceptance of a Letter of Credit or alternative financial or performance guarantee by the
Town Supervisor and the Attorney for the Town in a form and from an insurance carrier
determined by them, and in an amount estimated by them, to be sufficient to secure the cost
of completing said Project and conveying said public improvements to the Town, of any
proceedings brought to compel such conveyance, and of constructing said Project in
accordance with the Town ' s Highway Specifications and Subdivision Regulations ;
2 . Submission to and approval by the Town Supervisor, Town Highway Superintendent, and
Attorney for the Town of a contract from a reputable contractor for construction of the
proposed roads , stormwater management areas, related drainage, erosion, and sedimentation
controls, and related project costs together with the consent of the contractor to the
assignment of said contract to the Town and an agreement by said contractor to complete the
work in accordance with said contract if the Town so requests ;
3 . Submission to and approval by the Town Supervisor, Town Highway Superintendent, and
Attorney for the Town of an Agreement implementing the foregoing, and submission of such
other documents, plans, certifications, or other materials that any of them may reasonably
require, in order to assure to the Town that access to any buildings under construction shall
be maintained so that it is adequate for the passage of emergency vehicles; and in order to
assure to the Town that the project and associated public improvements will be constructed
and conveyed to the Town in accordance with Town requirements ; and
4 . The finding, by the Town Highway Superintendent and the Town code Enforcement Officer,
4 Town Board Minutes
April 11 , 2005
based on a report from the developer' s engineer and the engineer retained by the Town at the
developer ' s expense, that the state of construction of the project prior to building permit
issuance is acceptable for the purpose of allowing building construction to be commenced.
A roll call vote on the resolution resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
PROPOSED LOCAL LAWS
Susan Beeners reported that the proposed changes to the Draft Subdivision Regulations currently
reflect everything that the Planning Board discussed . Greatly simplified stuff as far as how the
conservation area gets recorded, there is alternatives that can be accepted to minimize surveying
costs . The Attorney had not reviewed the whole document last week and she was unable to transmit
stuff with his blessing. The latest plan is that Thursday she will meet with the Town Attorney for
his final comments and she said that she will transmit all the documents, the draft local laws,
subdivision regulations draft in electronic form, and public hearing notice information to the Town
Clerk for her transmittal to you when she comes back next Thursday. We have looked at the
calendar and you may consider a public hearing date for the May 9 regular meeting provided that the
information is here.
RESOLUTION NO 37 OF 2005
ESTABLISHMENT OF LEAD AGENCY RELATED TO PROPOSED LOCAL LAWS
AMENDING THE SUBDIVISION REGULATIONS, ZONING ORDINANCE, AND ZONING
MAP OF THE TOWN OF DANBY
By Councilperson Varona-Lacey: Seconded by Councilperson Strichartz
WHEREAS, the Town Board of the Town of Danby is considering adoption of the following local
laws :
1 . A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED , AND REQUIRED LOT AREA;
2 . A LOCAL LAW AMENDING THE ZONING MAP BY CHANGING CERTAIN
AREAS CLASSIFIED AS MEDIUM DENSITY RESIDENTIAL ZONE TO LOW
DENSITY RESIDENTIAL ZONE ; and
3 . A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE
TOWN OF DANBY REGARDING ADMINISTRATION, NOTIFICATION
PROCEDURES , SUBDIVISION CLASSIFICATION, REVIEW AND APPROVAL
PROCEDURES , CLUSTERED SUBDIVISIONS , OPEN SPACE STANDARDS ,
ENVIRONMENTAL CONSERVATION, STREET IMPROVEMENTS ,
CERTIFICATION OF IMPROVEMENTS , SUBMISSION REQUIREMENTS , AND
DEFINITIONS ;
NOW, THEREFORE, IT IS
RESOLVED , that the Town board of the Town of Danby is acting as Lead Agency in SEQRA
environmental review of this Type 1 action, with the Planning Board of the Town of Danby an
involved agency.
A roll call vote on the resolution resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
5 Town Board Minutes
April 11 , 2005
Varona-Lacey Aye
Dietrich Aye Carried
RESOLUTION NO 38 OF 2005
PUBLIC HEARING SCHEDULED ON PROPOSED LOCAL LAWS AMENDING THE
SUBDIVISION REGULATIONS, ZONING ORDINANCE, AND ZONING MAP OF THE
TOWN OF DANBY
By Councilperson Strichartz : Seconded by Councilperson Nolte
WHEREAS, the Town Board of the Town of Danby is considering adoption of the following local
laws :
1 . A LOCAL LAW AMENDING THE ZONING ORDINANCE REGARDING THE
NUMBER OF LOTS ALLOWED , AND REQUIRED LOT AREA;
2 . A LOCAL LAW AMENDING THE ZONING MAP BY CHANGING CERTAIN
AREAS CLASSIFIED AS MEDIUM DENSITY RESIDENTIAL ZONE TO LOW
DENSITY RESIDENTIAL ZONE ; and
3 . A LOCAL LAW AMENDING THE SUBDIVISION REGULATIONS OF THE
TOWN OF DANBY REGARDING ADMINISTRATION, NOTIFICATION
PROCEDURES , SUBDIVISION CLASSIFICATION, REVIEW AND APPROVAL
PROCEDURES , CLUSTERED SUBDIVISIONS , OPEN SPACE STANDARDS ,
ENVIRONMENTAL CONSERVATION, STREET IMPROVEMENTS ,
CERTIFICATION OF IMPROVEMENTS , SUBMISSION REQUIREMENTS, AND
DEFINITIONS ;
NOW, THEREFORE , IT IS
RESOLVED, that the Town Board of the Town of Danby hereby schedules a public hearing to
consider adoption of said local law at 7 : 00 p . m on Monday, May 9, 2005 providing the information
is available for notification requirements, and it is
FURTHER RESOLVED, that the Town Board directs that notice be caused to be given by
publication of "Notice of Hearing", and by written notice to various agencies as provided by law.
A roll call vote on the resolution resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Assessment Board of Review
The Town Clerk reported that she has received a request from Tompkins County Assessment for
two(2) Danby residents to serve on the Assessment Board of Review for May 18 , 2005 from 3 -6 p .m.
Motion for Appoints to the Assessment Board of Review
A motion was made by Gladys Varona-Lacey and seconded by Norbert Nolte that the Town Board
of the Town of Danby approves the appointment of Allen Becker and Randy Brown to serve on the
Assessment Board of Review on May 18 , 2005 from 3 -6 p . m .
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
6 Town Board Minutes
April 11 , 2005
Eyes Wide Open Program
Councilperson Strichartz reported that there is a Eyes Wide Open Program that will be coming to
Ithaca. It is to respect the people who have been lost in the Iraq War. What they have done is an
exhibit of a pile of boots in memory of the Iraq ' s who have been killed and some other sorts of media
to let people know the other side of the war. She asked the Town Board to endorse the Eyes Wide
Open program with a vote of conscience .
Motion to Endorse Bringing "Eyes Wide Open " Program
A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the
Town Board of the Town of Danby endorses bringing the program of the American Friends Service
Committee, "Eyes Wide Open", as a remembrance of people who were lost in the Iraq War.
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Appeal of Planning Board Resolution - Common Ground
Discussion :
Supervisor Dietrich said that there was nothing said tonight at the public hearing that he has not
heard before. He said that he needs to take a look at when certain things were granted and to consult
with the Town Attorney.
Councilperson Strichartz said that we need legislation to protect people from amplified music .
Councilperson Nolte said that there was the problem with a buffer being removed. He does not think
that the Town would have allowed this to happen if someone had contacted the Town with
notification of outdoor concerts .
Councilperson Strichartz said that it is one issue if you have a business and are not bothering
neighbors and it ' s another issue if you are . Everything has to be worked out until it stops .
Councilperson Varona-Lacey said that she would like to here comments of the Town as these are
serious matters .
Agreement to Spend Highway Funds
A motion was made by Supervisor Dietrich and seconded by Councilperson Nolte that the Town
Board approves of the Agreement to Spend Highway Funds .
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
The Agreement to Spend Highway Funds was signed by the Town Board .
Motion to Authorize Town Supervisor to Sign the Tompkins County Snow and Ice Agreement
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby authorizes the Town Supervisor to sign the Tompkins County
Snow and Ice Agreement.
A roll call vote on the motion resulted as follows :
7 Town Board Minutes
April 11 , 2005
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Approval of the Town Clerks March 2005 Report
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby approves the Town Clerks March 2005 report as submitted.
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Approval of the Supervisors March 2005 Report
A motion was made by Councilperson Strichartz and seconded by Councilperson Varona-Lacey that
the Town Board of the Town of Danby approves the Supervisors March 2005 Report as submitted.
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Approval of Warrants
Approval of the General Fund Warrant No. 4 of 2005
A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the
Town Board of the Town of Danby approves the General Fund WarrantNo . 4 of 2005 in the amount
of $ 16, 591 . 31 voucher numbers 152 - 200 .
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Approval of Highway Fund Warrant No. 4 of 2005
A motion was made by Councilperson Nolte and seconded by Councilperson Varona-Lacey that the
Town Board of the Town of Danby approves the Highway Fund Warrant No . 4 in the amount of
$22 , 674 . 04 voucher numbers 39 - 48 .
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
West Danby Water District Fund Warrant No. 4 of 2005
8 Town Board Minutes
April 11 , 2005
A motion was made by Councilperson Strichartz and seconded by Councilperson Nolte that the
Town Board of the Town of Danby approves the West Danby Water District Fund Warrant No . 4
of 2005 in the amount of $468 . 86 voucher numbers 10 - 13 .
A roll call vote on the motion resulted as follows :
Gagnon (Absent)
Nolte Aye
Strichartz Aye
Varona-Lacey Aye
Dietrich Aye Carried
Adjournment
On a motion the meeting adjourned at 10 : 00 p .m .
âfr4J r
min-04- 05 Carol W. Sc nski, Town Clerk