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HomeMy WebLinkAbout2005-06-06 1 i Town Board Meeting Special Meeting June 6, 2005 TOWN OF DANBY TOWN BOARD MINUTES SPECIAL MEETING JUNE 6, 2005 PRESENT : Supervisor Dietrich Councilpersons : Joel Gagnon, Norbert Nolte, Gladys Varona-Lacey ABSENT : Councilperson Naomi Strichartz (Excused) Others Present : Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer Members of the Public : Robert Roe, George Blanchard, Dorothy and Willard Daetsch and others . Supervisor Dietrich called the Special Meeting of the Board to order at 7 : 45 p .m . Purpose of the meeting was to rule on a petition submitted contesting a Planning Board resolution related to the Common Ground and its activities . Also on the Agenda are proposed resolutions related to the possible purchase of bonds for the Town to purchase a One and 1/2 ton truck for the Highway Department . The Board reviewed a proposed resolution submitted by the Code Enforcement Officer regarding an Appeal of the Decision of the Planning Board Granting a Special Permit to the Common Ground. Susan Beeners said that the need for specificity is to cover all of the history of the project . The resolution was approved by the Town Attorney. RESOLUTION NO. 47 OF 2005 CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING BOARD GRANTING A SPECIAL PERMIT TO THE COMMON GROUND, 1230 DANBY ROAD By Councilperson Gagnon : Seconded by Councilperson Varona-Lacey WHEREAS , this action is the Consideration of an 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, appellants ; and WHEREAS , the Planning Board on February 17 , 2005 granted a Special Permit to the Common Ground, Douglas D . Miller, Owner, 1230 Danby Road, Danby Tax Parcel No . 2 . - 1 - 8 . 1 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; subject to the following conditions : Application to the Board of Zoning Appeals, and the granting of variance by the Board of Zoning Appeals, of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone, and Section 1002 — Nonconforming Structures of the Town of Danby Zoning Ordinance for the proposed roofed smoking patio . Application to the Board of Zoning Appeals, and the granting of variance by the Board of Zoning Appeals, of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone of the Zoning Ordinance, for the southernmost volleyball court . • 2 Town Board Meeting Special Meeting June 6 , 2005 Application to the Board of Zoning Appeals, and the granting of variance by the Board of Zoning Appeals, of Section 509 of the Zoning Ordinance which provides that fences six feet or more above grade shall be located no more than 10 feet from a property line. Compliance by the Owner with all of the recommendations listed in his February 9 , 2005 letter, with the proposed smoking patio bollards, privacy fence, parking lot light relocation, and front entrance sign modification to be completed by no later than May 31 , 2005 (subject to the granting of the above related variances by the Board of Zoning Appeals ; and WHEREAS, Randall F . Ingell and James S . Reagan on March 2 , 2005 filed an appeal dated March 1 , 2005 of the Planning Board ' s grant of Special Permit on February 17, 2005 ; and WHEREAS , the Town Board held a public hearing on the March 1 , 2005 letter of appeal on April 11 , 2005 ; NOW, THEREFORE , IT IS RESOLVED, that the Town Board of the Town of Danby finds the following with respect to the proposed roofed smoking patio : The proposed roofed smoking patio does not meet relevant requirements of the Tompkins County Health Department, which does not permit roofs over such smoking areas, based on that Department ' s revised classification of this business, per a letter from that agency on April 28 , 2005 . The smoking patio in its current proposed location, whether roofed or unroofed, is injurious to the use and enjoyment of other property in the neighborhood, unless a visual buffer were installed between the Owner' s land and the appellants ' land. The 6-foot tall privacy fence proposed by the Owner on February 9, 2005 to be installed near the property line between the Owner' s and the appellants ' land would not be sufficient as a visual and noise-deterring buffer between the Owner ' s land and the adjoining lands to the south; and it is FURTHER RESOLVED, that the Town Board upholds the decision of the Planning Board with respect to the proposed roofed smoking patio subject to the granting of variance by the Board of Zoning Appeals of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone, and Section 1002 — Nonconforming Structures of the Town of Danby Zoning Ordinance, with the following conditions : 1 . The smoking patio must meet relevant requirements of the Tompkins County Health Department. 2 . The Town Board recommends to the Board of Zoning Appeals that, in considering the granting of variance for the smoking patio in its current location, that a visual and noise- deterring buffer be installed between the smoking patio and the property to the south, as determined to be sufficient by the Board of Zoning Appeals ; and it is FURTHER RESOLVED , that the Town Board finds the following with respect to the southernmost volleyball court : The Owner proposed on February 9, 2005 to remove any amplified music in that area; and on April 11 , 2005 at Town Board public hearing proposed to cease use of the court until an adequate buffer was established; and it is FURTHER RESOLVED , that the Town Board upholds the decision of the Planning Board granting a Special Permit for the southernmost volleyball court subject to the granting of variance by the Board of Zoning Appeals of Section 701 — Limitation of Uses within 200 Feet of a Residence Zone, of the Zoning Ordinance, and with the following modifications and conditions : Use of this court shall cease until a visual and noise/deterring buffer is established between the court and adjoining properties, the adequacy of such buffer to be determined upon review of any application for such court by the Board of Zoning Appeals . F .i. 3 Town Board Meeting Special Meeting June 6, 2005 FURTHER RESOLVED, that the Town Board finds that the proposed four amplified music performances in the gazebo area per summer, with advance notification by the Owner to any interested resident ; would be injurious to the use and enjoyment of other property in the vicinity and neighborhood; and that the proposed stockade fence, proposed by the Owner to be 6 feet in height, and of a length of 300 feet, proposed to be installed along the south property line, would be insufficient because of its height and its location as a visual and noise-deterring buffer for the property to the south and for the properties adjoining to the west ; and it is FURTHER RESOLVED, that the Town Board reverses the decision of the Planning Board granting a Special Permit for four amplified music performances in the gazebo area per summer, so that prior to any use of the gazebo area and all adjoining exterior areas (including the parking lot) for amplified music or other amplified sound, the Owner is required to : 1 . apply to and obtain variance from the Board of Zoning Appeals of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 — Nonconforming Uses of Land, of the Zoning Ordinance ; and 2 . apply to and obtain approval from the Town Board for such use, with any such application to be of a form and to be subject to public hearing in the same manner as provided for a Special Permit; and it is FURTHER RESOLVED, that the Town Board finds that the use of alcoholic beverages outside the Courtyard is injurious to the use and enjoyment of adjoining properties, so that the Town Board prohibits the use of alcoholic beverages outside the Courtyard unless the Owner: 1 . applies to and obtains variance from the Board of Zoning Appeals of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 — Nonconforming Uses of Land, of the Town of Danby Zoning Ordinance ; and 2 . applies to and obtains approval from the Town Board for such use, with any such application to be of a form and to be subject to public hearing in the same manner as provided for a Special Permit; and it is FURTHER RESOLVED, that the Town Board finds that the use of the exterior areas outside the Courtyard for non-amplified gatherings of more than 50 people for the consumption of food and alcoholic and non-alcoholic beverages, for athletic activities, and for shows, as extensions of the use of the Common Ground business is injurious to the use and enjoyment of adjoining properties because of the absence of established visual and noise-deterring buffers between the site and said adjoining properties ; so that prior to any such further use, the Owner is required to : 1 . apply to and obtain variance from the Board of Zoning Appeals of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 — Nonconforming Uses of Land, of the Town of Danby Zoning Ordinance; and 2 . apply to and obtain approval from the Town Board for such use, with any such application to be of a form and to be subject to public hearing in the same manner as provided for a Special Permit; and with the following exceptions : 3 . The currently-scheduled "Ithaca Pride Picnic" with a picnic/barbeque, scheduled for Sunday, June 12 , 2005 , from 2 : 00 to 6 : 00 p .m . , provided that this event involves no amplified sound; and provided that there is no consumption of alcoholic beverages outside the Courtyard ; and 4. The currently-scheduled Horseshoe Tournament, scheduled for Sunday, June 19, 2005 , beginning at 3 : 00 p .m. , provided that this event involves no amplified sound, and provided that there is no consumption of alcoholic beverages outside the Courtyard; and it is FURTHER RESOLVED, with respect to the gazebo/picnic pavilion, the Town Board directs the Owner cease use of such structure for activities that are extensions of the Common Ground business • a - f fi 1 .. v 7 .# bt 14 . 1 tkett 4 Town Board Meeting Special Meeting June 6, 2005 until and unless the Owner : 1 . applies to and obtains variance, by the Board of Zoning Appeals, of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 — Nonconforming Uses of Land, of the Zoning Ordinance; and 2 . applies to and obtains approval from the Town Board for such use, with any such application to be of a form and to be subject to public hearing in the same manner as provided for a Special Permit; and it is FURTHER RESOLVED , with respect to the Courtyard, that the Town Board finds that the use of amplified sound in the Courtyard is injurious to the use and enjoyment of other property in the vicinity and neighborhood; and it is FURTHER RESOLVED , that the Town Board requires that there be no use of amplified sound in the Courtyard, until and unless the Owner: 1 . applies to and obtains variance from the Board of Zoning Appeals of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 — Nonconforming Uses of Land, of the Zoning Ordinance ; and 2 . applies to and obtains approval from the Town Board for such use, with any such application to be of a form and to be subject to public hearing in the same manner as provided for a Special Permit; and it is FURTHER RESOLVED, that the Town Board requires that there be no use of the stage/dining platform in the Courtyard, until and unless the Owner applies to and obtains variance from the Board of Zoning Appeals of Section 701 —Limitation of Uses within 200 Feet of a Residence Zone, and Section 1001 — Nonconforming Uses of Land, of the Zoning Ordinance; and it is FURTHER RESOLVED , that the Town Board affirms the decision of the Planning Board with respect to the proposed relocation of two parking lot lights so that the angle of lighting is directed away from the property to the south, with the modification that alternative, equivalent means of directing the angle of site lighting away from the property to the south may be accepted by the Code Enforcement Officer in consultation with the Owner and with the residents to the south; with the condition that such lighting improvement be made within 30 days of the date of this resolution; and it is FURTHER RESOLVED, that the Town Board affirms the decision of the Planning Board with respect to the proposed painting of a white arrow on the front entrance sign to the Common Ground, to better direct customers to turn onto Comfort Road ; with the condition that such improvement be made within 30 days of the date of this resolution; and it is FURTHER RESOLVED , that the Town Board directs the Code Enforcement Officer to investigate the appellant ' s claim in their March 1 , 2005 appeal letter that the parking lots are not surfaced with material adequate so as not to produce dust, and to order conformance with Section 706 .4 of the Zoning Ordinance, which requires that parking lots be surfaced with blacktop , stone, or other material that does not produce dust, if found to be applicable. A roll call vote on the resolution resulted as follows : Councilperson Strichartz excused. Gagnon Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried Proposed resolutions were presented to the Board to obtain bonding for the Town Capitol Projects . After review of the proposed resolutions the following resolutions were approved. 5 Town Board Meeting Special Meeting June 6 , 2005 RESOLUTION NO. 48 OF 2005 PROPOSED RESOLUTION - BID ACCEPTANCE ONE TON TRUCK By Councilperson Nolte : Seconded by Supervisor Dietrich WHEREAS, the Town ofDanby has received a bid from for the purchase of a one ton truck for the Town Highway Department in the amount of $ 80, 650, now be it RESOLVED, that the Town Board of the Town of Danby accepts the bid of $ 80,650 from for the purchase of a one ton truck. A roll call vote on the resolution resulted as follows : Councilperson Strichartz absent Gagnon Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 49 OF 2005 A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF SERIAL BONDS FOR THE PURCHASE OF A ONE TON TRUCK By Councilperson Nolte : Second by Councilperson Varona-Lacey WHEREAS, this Board had authorized the purchase of a new one ton truck (hereinafter referred to as the "item")and WHEREAS, a bid for said item has been accepted by the Board; now, therefore BE IT RESOLVED by the Town Board of the Town of Danby, Tompkins County, New York as follows : Section 1 . For the object or purpose of purchasing a one ton truck, and to provide funds to defray the cost thereof, $ 82 , 000 ofthe General Obligation Serial Bonds ofthe Ta wn ofDanby, New York, shall be issued pursuant to the provisions of the Local Finance Law . Section 2 . $ 82 , 000 is estimated as the maximum cost of said new item . Section 3 . The plan for the financing of the purchase of said new item consists of the issuance of General Obligation Serial Bonds of the Town in the principal sum of $ 82 ,000, to be issued pursuant to the Local Finance Law. Section 4 . It is hereby determined that the period of probable usefulness of the aforesaid object or purpose is ten ( 10) years, pursuant to Subdivision 28 of Paragraph a of Section 11 . 00 of the Local Finance Law. It is further determined that the maximum maturity of the Serial bonds herein authorized will not exceed six (6) years . Section 5 . The faith and credit of said Town of Danby, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable . An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town of Danby a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable . Section 6 . Subject to the provisions of the Local Finance Law, the pow. er to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the Serial Bonds herein authorized, including renewals of such notes, is hereby delegated to the Town supervisor, the chief fiscal officer. Such notes shall be of such terms form and contents, and shall 1 : ) 6 Town Board Meeting Special Meeting June 6, 2005 • be sold in such manner as may be prescribed by said Town Supervisor, consistent with the provisions of the Local Finance Law . Section 7 . The validity of such bonds may be contested only if: ( 1 ) Such bonds are authorized for an object or purpose for which said Town is not authorized to expend money, or (2 ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of publication, or (3 ) Such bonds are authorized in violation of the provisions of the Constitution. Section 8 . This resolution shall take effect 30 days after its adoption, unless a referendum is requested in which event it shall take effect, if approved at such referendum, upon such approval. Section 9 . This resolution is adopted subject to a permissive referendum pursuant to Town Law Section 220, General Municipal Law Section 6-c and Local Finance Law Section. 35 . 00 . A roll call vote on the resolution resulted as follows : Councilperson Strichartz absent Gagnon Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried RESOLUTION NO. 50 OF 2005 A RESOLUTION AUTHORIZING THE ISSUANCE OF A BOND ANTICIPATION NOTE By Councilperson Varona-Lacey: Seconded by Councilperson Gagnon The Town Board of the Town of Danby duly convened in a special session, does hereby resolve as follows : Section 1 . Pursuant to, and in accordance with the provisions of the New York Local finance Law, the Supervisor of the Town of Danby be and hereby is authorized and empowered to issue and sell, I n the manner provided by the Local Finance Law, a bond anticipation note or bond anticipation notes of the Town of Danby in an amount not exceeding $ 82 ,000, at such rate of interest as the said Supervisor of the Town of Danby shall prescribe. Said bond anticipation note is being authorized in furtherance of a Bond resolution adopted by the Town Board of the Town of Danby on the 6th day of June, 2005 . Section 2 . This Resolution shall take effect immediately. A roll call vote on the resolution resulted as follows : Councilperson Strichartz absent Gagnon Aye Nolte Aye Varona-Lacey Aye Dietrich Aye Carried ADJOURNMENT : On a motion the meeting adjourned at 8 : 15 p .m . 7 Town Board Meeting Special Meeting June 6 , 2005 (2tdaL 1 eon0 Carol W. Sczto'alski , Town Clerk spm-6-6-05