HomeMy WebLinkAbout2008-12-18 TOWN OF DANBY
PLANNING BOARD MEETING
DECEMBER 18, 2008
PRESENT:
Vice Chairperson Ray Van de Bogart
Planning Board Members: Dave Mastroberti, Ted Melchen, Naomi Strichartz, Olivia Vent
ABSENT:
Anne Klingensmith and Robert Roe
Others Present:
Carol Sczepanski - Secretary
Susan Beeners - Code Enforcement Officer
Members of the Public
Norbert Nolte, Leslie Connors,Noel Gagnon,Norbert Nolte, Magic Barrett, Eric Stromswold
Vice Chairperson Ray Van de Bogart called the meeting of the Planning Board to order at 7:10
p.m.
Consideration of Public Hearing Matter
Naomi Strichartz is in favor of the proposal to place an additional dwelling located there.
Olivia Vent said that it is low density is in keeping with what is there and provides affordable
housing.
Dave Mastroberti said that when the initially came to the board months ago, why it wasn't
discussed at that point that there was going to be an additional home.
Norbert Nolte said that the other housing in that area are rented.
Susan Beeners said that this needs a waiver and could not be done by permit. All units have
separate septic and wells.
After review the Planning Board passed the following resolutions:
RESOLUTION NO. 9 OF DECEMBER 18, 2008
WAIVER AND SUBDIVISION NOLTE/HOSFORD SUBDIVISION, EAST MILLER ROAD, CONSIDERATION OF GRANT OF
BY NAOMI STRICHARTZ: SECONDED BY OLIVIA VENT
WHEREAS, THIS ACTION IS THE CONSIDERATION OF APPROVAL OF THE PROPOSED SUBDIVISION OF A 3.955-ACRE
LOT INTO A 2-ACRE LOT CONTAINING AN EXISTING DWELLING AT 780 EAST MILLER ROAD, AND A 1.955-ACRE
LOT FOR CONSTRUCTION OF A NEW DWELLING; WITH THE PROPERTY BEING TAX PARCEL 6.-1-26.231, NORBERT
J. NOLTE AND MICHAEL N. HOSFORD, OWNERS; AND FURTHER, THE CONSIDERATION OF GRANTING A WAIVER
FROM THE REQUIREMENTS OF PLANNING BOARD RESOLUTION NO. 31 OF 2006; AND
WHEREAS, THE TOWN OF DANBY BOARD OF ZONING APPEALS ON NOV. 24, 2008 GRANTED VARIANCE OF
THE 2-ACRE MINIMUM LOT SIZE REQUIRED IN SECTION 600, PARA. 5 OF THE TOWN OF DANBY ZONING ORDINANCE,
FOR THIS PROPOSED SUBDIVISION, AND MADE A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE
FOR THE VARIANCE; AND
WHEREAS, THE TOWN OF DANBY PLANNING BOARD IS LEAD AGENCY WITH RESPECT TO THE GRANT OF SUBDIVISION
APPROVAL AND THE RELATED WAIVER, WHICH COMPRISE AN UNLISTED ACTION, AND THE PLANNING BOARD
2 Planning Board Meeting
December 18, 2008
HAS REVIEWED THE SHORT ENVIRONMENTAL ASSESSMENT AND RECOMMENDATION OF THE CODE ENFORCEMENT
OFFICER THAT A NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE BE MADE;
NOW THEREFORE, IT IS
RESOLVED, THAT THE PLANNING BOARD, ACTING AS LEAD AGENCY FOR THIS UNLISTED ACTION, MAKES A
NEGATIVE DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE.
A ROLL CALL VOTE ON THE RESOLUTION RESULTED AS FOLLOWS:
ANNE KLINGENSMITH AND ROBERT ROE EXCUSED)
MASTROBERTI AYE
MELCHEN AYE
STRICHARTL AYE
VENT AYE
VAN DE BOGART AYE
CARRIED
RESOLUTION NO. 10 OF DECEMBER 18, 2008
NOLTE/HOSFORD U DIVISION, EAST MILLER ROAD, CONSIDERATION OF GRANT OF WAIVER AND
BY NAOMI STRICHARTZ: SECONDED BY OLIVIA VENT
WHEREAS, THIS ACTION IS THE CONSIDERATION OF APPROVAL OF THE PROPOSED SUBDIVISION
OF A 3.955-ACRE LOT INTO A 2-ACRE LOT CONTAINING AN EXISTING DWELLING AT 780 EAST
MILLER ROAD, AND A 1.955-ACRE LOT FOR CONSTRUCTION OF A NEW DWELLING; WITH THE
PROPERTY BEING TAX PARCEL 6.-1-26.231, NORBERT J. NOLTE AND MICHAEL N. HOSFORD,
OWNERS; AND FURTHER, THE CONSIDERATION OF GRANTING A WAIVER FROM THE REQUIREMENTS
OF PLANNING BOARD RESOLUTION NO. 31 OF 2006; AND
WHEREAS, THE TOWN OF DANBY BOARD OF ZONING APPEALS ON NOV. 24, 2008 GRANTED VARIANCE
Of THE 2-ACRE MINIMUM LOT SIZE REQUIRED IN SECTION 600, PARA. 5 OF THE TOWN OF
DANBY ZONING ORDINANCE, FOR THIS PROPOSED SUBDIVISION, AND MADE A NEGATIVE
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE FOR THE VARIANCE; AND
WHEREAS, THE TOWN OF DANBY PLANNING BOARD, ACTING AS LEAD AGENCY WITH RESPECT
TO THE GRANT OF SUBDIVISION APPROVAL AND THE RELATED WAIVER, WHICH COMPRISE AN
UNLISTED ACTION, ON DEC. 18, 2008 HAS MADE A NEGATIVE DETERMINATION OF ENVIRONMENTAL
SIGNIFICANCE; AND
WHEREAS, THE PLANNING BOARD ON DEC. 18, 2008 HAS HELD A PUBLIC ON THIS ACTION;
NOW THEREFORE, IT IS
RESOLVED, THAT THE TOWN OF DANBY PLANNING BOARD GRANTS A WAIVER OF THE REQUIREMENTS
OF PLANNING BOARD RESOLUTION NO. 31 OF 2006 RELATED TO THE NUMBER OF LOTS ALLOWED
ON THE 2006 PARENT PARCEL, GIVEN THE LIKELY LOW DENSITY OF THE PARENT PARCEL AND
OF THE LANDS ADJACENT TO THE PROPOSED NEW LOT; AND DETERMINING THAT IN THE GRANT
OF SUCH WAIVER NEITHER A SIGNIFICANT ALTERATION OF THE PURPOSE OF SUBDIVISION CONTROL
IS MADE, NOR IS THE POLICY ENUNCIATED OR IMPLIED BY THE TOWN BOARD IN APPROVING
THESE REGULATIONS IMPAIRED; AND IT IS
FURTHER RESOLVED, THAT THE PLANNING BOARD GRANTS PRELIMINARY AND FINAL SUBDIVISION
APPROVAL TO THE PROPOSED SUBDIVISION OF A 3.955-ACRE LOT INTO A 2-ACRE LOT CONTAINING
AN EXISTING DWELLING AT 780 EAST MILLER ROAD, AND A 1.955-ACRE LOT FOR CONSTRUCTION
OF A NEW DWELLING; WITH THE PROPERTY BEING TAX PARCEL 6.-1-26.231, NORBERT J. NOLTE
AND MICHAEL N. HOSFORD, OWNERS, CONDITIONAL UPON THE APPROVAL OF A FINAL SURVEY
MAP FOR SUCH SUBDIVISION BY THE TOWN CODE ENFORCEMENT OFFICER.
A ROLL CALL VOTE ON THE RESOLUTION RESULTED AS FOLLOWS:
1ANNE KLINGENSMITH AND ROBERT ROE EXCUSED)
MASTROBERTI AYE
MELCHEN AYE
STRICHARTZ AYE
VENT AYE
VAN DE BOGART AYE
CARRIED
3 Planning Board Meeting
December 18, 2008
Omnipoint Communications Proposal Sketch Plan Review
Omnipoint Communications has submitted a proposal for a proposed colocation on the
Durfee Hill Road Tower. Their proposal is for six(6) new antennas at a height of 110
feet and related equipment. A representative from Omnipoint Communications
described the T-Mobile area that would have improved coverage of telecommunications
through much of the area where service is not available. Their service has a back-up
generator for service that can be started remotely if power is off. There are four(4)
carriers on the tower at this time.
After review of the sketch plan and proposal the Planning Board set a date for a public
hearing.
Motion to Set Public Hearing for the Omnipoint Communications Proposal
A motion was made by Olivia Vent and seconded by Ted Melchen that the Planning
Board of the Town of Danby set the date of January 15, 2009 at 7:00 p.m. for a public
hearing for Omnipoint Communications..
A vote on the motion resulted as follows:
(ANNE KLINGENSMITH AND ROBERT ROE EXCUSED)
MASTROBERTI AYE
MELCHEN AYE
STRICHARTZ AYE
VENT AYE
VAN DE BOGART AYE
CARRIED
Status Report on Sustainable Revitalization Planning Project
Susan Beeners reported that there will be a report based on comments made at the
meeting with the steering committee. A draft plan will be submitted by the consultants
in late January.
Training Booklet
The training booklet is in the process of being circulated and still needs to go the Board
of Zoning Appeals. Four(4) hours of training is required each year for Planning Board
Members and BZA Members.
Appointment of Assistant Code Enforcement Officer
Susan Beeners reported that Russell Klinger has been appointed to the position of
Assistant Code Enforcement Officer. He replaces Donna Inman who recently retired.
Recommendation to Town Board for Appointment to Planning Board
A motion was made by Ray Van de Bogart and seconded by Dave Mastroberti that the
Planning Board of the Town of Danby recommends the re-appointment of Edward
V.(Ted) Melchen to the Planning Board to fill a vacancy on the board.
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December 18, 2008
A vote on the motion resulted as follows:
ANNE KLINGENSMITH AND ROBERT ROE EXCUSED)
MASTROBERTI AYE
STRICHARTZ AYE
VENT AYE
VAN DE BOGART AYE
CARRIED
Adjournment:
On a motion the meeting adjourned at 8:00.
Carol W. Sczepanski, Secretary