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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 I I ! , 1 , , � ( I 1 1 1 Ili i . d . '. .i l .. di it i li i I 1 1 I � 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 phm-app-cg-05 t 1 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 i ' 1 Iii • I , II II it . !: II II 11 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