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HomeMy WebLinkAbout1970-09-14 T L 1 1 TOWN OF DANBY TOWN BOARD MINUTES September 14 , 1970 The regular meeting of the Town Board of the Town of Danby was held at the Danby Town Hall , September 14 , 1970 , 8 : 00 P . M . Board Members Present : Supervisor Donald C . Makie Councilman Ralph Wilbur Councilman Gerald Crance Town Justice A . Francis Wright Town Justice Floyd Dorn Also Present : Zoning Officer Gordon Roberts , Moses Peter , Doyle Webber , Mr . and Mrs . Thurnheer , Lawrence VandeBogart , Mr . and Mrs . Casterline , Mr . and Mrs . Ed Hill , Joseph McAndrews , Merwin Hammond , and Mr . Koval . Supervisor Makie called the meeting to order at 8 : 50 P . M . following a Public Hearing on Hill ' s Mobile Home Trailer Park . Minutes of August meeting approved as submitted . COMMUNICATIONS 1 . Minutes of Board of Zoning Appeals meeting on September 3 , 1970 . 2 . From Danby School , Safety , Health and Civil Defense Chairman re : possibility of a 30 mile speed zone on Gunderman Road . 3 . Answer from Department of Transportation to letter from Supervisor on July 10 and September 1 re : state mowing: along 96B . 4 . From Department of Audit and Control re : Highway Aid to Towns , 1971 Payment . 5 . From Office of Parks and Recreation establishing liason with all municipal park and recreation units in NewYork . 6 . From Mrs . Ruth Evelien asking to fill vacancy on the Planning Board . PRIVILEGE OF FLOOR Moses Peter expressed the issue of mowing along Route 96B-- that The Regional Director of Transportation sidestepped the question . Gordon Roberts introduced himself as the Zoning Officer to those who might not know him . Roy Casterline spole that the Town should have more incentive for keeping Highway employees - - stch as a retirement plan- -that once they learn to operate the heavy equipment , they leave for other jobs . COMMITTEE REPORTS Highway - Wilbur reported Fisher Settlement Road accepted by the state engineer to recieve state aid . Hill Road is done and inspected . DePutron Hollow Road- -gravel work done . Bald Hill Road- -working on . Hillview Road- -question as to whose road it is , and who takes care of it . What department is coming up with money to take care of maintenance ? . ON AGENDA . . West Danby Water District - Crance - no report . J p Insurance - Wright reported that all bills are up to date . Refuse Collection & Disposal - County is aware there is no attendant at landfill site - -also a solution to come up with on being covered every day . There is no law that trucks are covered to prevent littering but a law against littering- -Sheriff ' s Department is checking on littering .. Youth - Wright - no report . Zoning and Planning - Dorn - * no report . Town Board Minutes - September 14 , 1970 Sheet # 2 Fire - Wilbur - no report . Mention of agreement for Justices to use new fire house two night a week . Not finalized as yet . Cemeteries - Dorn reported the South Danby renovated and inspected . Wright added it a commendable and counted 54 markers . Wright viewed the Peter Road Cemetery and verified the count of markers which Dorn had made . Wright reported 11/ 84 markers which can be seen from the road , but there is an excess of 50 markers that cannot be seen unless you go into the cemetery . OLD BUSINESS Report of Highway Superintendent - Chaffee absent . Reuort of Zoning Officer - Zoning Officer ' s August report read to the Town Board . Inquiry on need for attorney , again , the zoning officer may obtain an attorney if necessary . Report of Planning Board Chairman - Myers absent . No Planning Board Minutes . Report of Appeals Board Chairman - Webber reported nothing more to add to their minutes . Code of Ethics - Wilbur has copy for reviewing . Planning Board Appointment - Crance moved to appoint Walter Chapman a member of the Danby Planning Board to fill the vacancy of Johy Myers who - will resign September 30 , 1970 and whose term expires June 30 , 1972 . Seconded by Dorn . 5 ayes , 0 .°.e ', carried Dog Enumerator - Wilbur moved to appoint Robert Dean as dog enumerator for 1971 . Seconded by Wright . 5 ayes , 0 noes , carried . Jennings Pond Dike Repair - Supervisor Makie reported no reaction from request to Community Council to ask Parks Commission . Possibly take up at Budget time . Last Planning Board Appointment - No recommendation from the Planning Board or from the Board members . Wilbur ' s personal feeling re : letter from Mrs . Evelien is that with the hostile feeling over area of residence that this be postponed . Wright moved to table until the October meeting . Seconded by Crance . 5 ayes , 0 noes , carried . New Business f Hill ' s Planned Development District - RESOLUTION # 17 Amendment to the Zoning Ordinance to Establish a Planned Development District Resolution drawn up by Attorney Thaler is attached to these minutes . ■ Town Board Minutes - September 14 , 1970 Sheet # 3 RESOLUTION # 18 Acceptance or Disapproval of a Planned Development District Wright moved to table this resolution until such time as the incorporation of the access openings to the recreation areas adjacent to the park ; to incorporate in the by - laws the operation of the trailer'. park and an adequate landscaping plan ; and to accept the recommendations of the County Planning Board . Seconded by Crane . 5 ayes , 0 noes , carried . D iscussion of what by- laws should include : no junk orwold ears around trailers , too much garbage around , lawns not mowed , etc . Makie stated the maps needed : to Tom Miller to change Zoning Map , 2 maps to County Assessment Department , 1 to County Planning Depart - ment , 1 to Town Planning Board and 1 to the Town Board . W est Danby Water Commissioner recommendations - Crance moved to accept a change in rate schedule as recommended by the Water District Commissioners, effective in the January 1971 billing . Seconded by Wilbur . 5 ayes , 0 noes , carried . Copy of rate schedule to be attached to minutes in minute book . Dobson offer of Town Building Site - Board inggreement that Dobson a k his lawyer to make out a purchase agreement with the terms which the Town Board can accept or not accept . On agenda for October . Retirement for Town Employees - September 23 , scheduled for a Special Meeting to discuss retirement for Town Employees and also the Hill ' s Planned Development Area S peed Limit on Gunderman Road - Makie reported that he contacted the County Highway Commissioner who advised that the State be notified requesting specific forms to be done by resolution , following with a study by the State . Preparation noofPr_ eliminary Budget - Date scheduled for October 5 , 1970 , at 8 : 00 P .M . , Makie' s residence . RESOLUTION # 19 Referendum for Purchase of Old Fire Hall Copy drawn up by Attorney Thaler and attached to these minutes . General Fund Bills - Wilbur moved to pay the General Fund Bills # 77 through # 85 as listed on Warrant 9 , totalling $477 . 43 . Seconded by Wright . 5 ayes , 0. noes carried . Highway Fund Bills - Wilbur moved to pay the Highway .Fund Bills # 77 through 1183 as listed on Warrant 9 totalling $1 , 245 . 44 . Seconded by Dorn . 5 ayes , 0 noes , carried . W ater District Bills - Crance moved to pay the Water District Bi11 := # 15 totalling $ 50 . 00 . Seconded by Dorn . 5 ayes , 0 noes , carried . Supervisor ' s Reports - Wright moved the Supervisor ' s Reports . Seconded by Dorn . 4 ayes , 0 noes , carried . Respectfully submitted Dorothy Roberts , Clerk TOWN OF DANBY Resolution No . i7 WHEREAS a public hearing was held pursuant to a resolution of the Board dated August 26 , which notice was duly published 1970 , in the Ithaca Journal on August 31 , 1970 , and WHEREAS at the public hearing , : the Planning Board of the Town of Danby and Tompkins County elaborated upon their recom- mendation to this board that a planned development district be established pursuant to the description herein contained , and WHEREAS after discussion by the persons then present and the Town Board , be it RESOLVED that a planned development district is hereby established in the area described as follows : ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Danby , Tompkins County , New York bounded and described as follows : Beginning at the intersection of the center line of the highway known as South Danby Road (County Rte . 125 ) and the center line of New York State Rte . 96B ; thence west 1187 feet , more or less , along the center line of Rte . 96B ; thence south 2° west , 2500 feet , more or less ; thence south 880 east to the center line of South Danby Road ; thence north along the center line of said South Danby Road to the place of begin- ning . Reference is hereby made to the tax map in and for the Town of Danby , page 20 , lot 1 , parcels 4 . 1 , 4 . 2 , 4 . 3 , 5 and 6 . Reference is also made to a deed dated Decem- ber 27 , 1949 to Donald Edward Hill from Floyd H . Hoover , recorded in the Tompkins County Clerk ' s office in Liber 328 of Deeds at page 112 . and be it further RESOLVED that the zoning map attached to and a part of the zoning Ordinance which became effective on August 1 , 1969 , be amended to reflect this planned development district and that the cost of said map be borne by the developers within the planned development district . The above resolution was made and seconded by Justice Floyd THALER & THALER . ATTORNEYS & COUNSELLORS Dorn and Justice A . Francis Wright . 309 NORTH TIOGA STREET ITHACA, NEW YORK - 2- and unanimously passed by said Town Board . Dated : September 14 , 1970 Regular Meeting THALER & THALER ATTORNEYS & COUNSELLORS 309 NORTH TIOGA STREET ITHACA, NEW YORK • TOWN . OF DANBY Resolution No . 17 WHEREAS a public hearing was held pursuant to a resolution August 26 , 1970 of the Board dated which notice was duly published in the Ithaca Journal on August 31 , 1970 , and WHEREAS at the public hearing ,. the Planning Board of the Town of Danby and Tompkins County elaborated upon their recomo mendation to this board that a planned dwelopment district be established pursuant to the description herein contained , and WHEREAS after discussion by the persons then present and the Town Board , beIt • . RESOLVED that a planned development district is hereby established in the area described as follows : � ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Danby , Tompkins County , New York bounded and described as follows : Beginning at the intersection of the center line of the highway known as South Danby Road (County Rte . 125 ) and the center line of New York State Rte . . 96B ; thence west 1187 feet , more or less , along the center line of Rte . 96B ; thence south 2° west , 2500 feet , more or less ; thence south 88% ° east to the center line of South Danby Road ; thence north along the center line of said South Danby Road to the place of begin- ning . . Reference is hereby made to the tax map in and for the Town of Danby , page 20 , lot 1 , parcels 4 . 1 , 4 . 2 , 4 . 3 , 5 and 6 . Reference is also made to a deed dated Decem- ber 27 , 1949 to Donald Edward Hill from Floyd H . Hoover , recorded in the Tompkins County Clerk ' s office in Liber 328 of Deeds at page 112 . and be it further RESOLVED that the zoning map attached to and a part of the zoning Ordinance which became effective on August 1 , 196 9 bed amended to reflect this planned developmert district and that th 1 `` cost of said map be borne by the developers within the planned f development district . J The above resolution was made and seconded by Justice ? i Dorn - and Justice A. Francis Wright . 1 , � • P 2- and unanimously passed by said Town Board . Dated : Septenber 14 , 1970 . Regular Meeting • • • 1 I / 1. ' 1 1 � , i I TOWN OF DANBY Resolution No . 18 .WHEREAS a planned development district has been established which includes property owned by Clifford and Edward Hill , and WHEREAS said developers are desirous of installing a mobile court in said planned development district and have submitted a map entitled ' tiill View Terrace Mobile Court , South Danby Road , Town of Danby , Tompkins County , New York " dated August 7 , 1970 made by F . Donald McKee , Licensed Surveyor No . 32422 as part of their proposal to the Planning Boards of the Town of Danby and Tompkins County and to the Tompkins County Health Department . NOW , THEREFORE , be it RESOLVED that insofar as is shown on said presentation the said developers are granted permission by this board to construct the said mobile court to the extent as shown on said map and pursuant to the rules and regulations of the Town of Danby , Tompkins County , and State of New York , and be it ' further RESOLVED that the building commissioner or zoning officer of the Town grant the necessary permits for said construction upon the payment by the developers of their requisite fees fat said permits and upon their payment or proof of payment to the Town of the cost and disbursements involved in holding the public hearing to change the zoning map . The above resolution was made by Justice Floyd, Dorn and j seconded by Councilman Ralph Wilbur , and unanimously\ passed / I by said Town Board . I i \ I Dated : September 14 1970 Regular Meeting \ ` • I I 1 ! I I I : I • • TOWN OF DANBY Resolution No . 18 ! WHEREAS a planned development district has been established which includes property owned by Clifford and Edward Hill , and II/ WHEREAS said developers are desirous of installing a mobile court in said planned development district and have submitted a map entitled "Hill View Terrace Mobile Court , South Danby Road , Town of Danby , Tompkins County , New York " dated August 7 , 1970 ; ! made by F . Donald McKee , Licensed Surveyor No . 32422 as part of their proposal to the Planning Boards of the Town of Danby and Tompkins County and to the Tompkins County Health Department . NOW , THEREFORE , be it RESOLVED that insofar as is shown on said presentation the said developers are granted permission by this board to construct the said mobile court to the extent as shown . on said map and ., pursuant to the rules and regulations of the Town of Danby , Tompkins County , and State of New York , and be it further RESOLVED that the building commissioner or zoning officer of the Town grant the necessary permits for said construction upo the payment by the developers of their requisite fees £or said permits and upon their payment or proof of payment to the Town of the cost and disbursements involved in holding the public hearing to change the zoning map . The above resolution was made by Justice Floyd Dorn and seconded by Councilman Ralph Wilbur , and unanimously passed by said Town Board . Dated : September 14 , 1970 Regular Meeting , THALER B .THALER ITTORNEYS R COUNSELLORS 300 NORTH TIOOA OTR[[T ITHACA. NEW YORK .. _ ___. ... 11 ' I 4 -' r . I f ' 0 PUBLIC HEARING DANBY TOWN BOARD September 14 , 1970 A Public Hearing was held by the Danby Town Board on September 14 , 1970 at 7 : 00 P . M . on a Planned Development Area . Present : Supervisor Makie , Councilmen Wilbur and Crance , Justices Dorn and Wright , Also Dobson , Gordon Roberts , Edward Roberts , Doyle Webber , Mr . and Mrs . Thurnheer , Mr . and Mrs . E . J . Miller , Lawrence VandeBogart , Hemmo Huttunen , Mr . and Mrs . Roy Casterline , Mr . and Mrs . Edward Hill , Clifford Hill , Mr . amd Mrs . John Koval , Joseph McAndrews , Mervin Hammond , Mildred Weitzel . A petition was presented signed by 11 persons in opposition of a Mobile Home Park . The Town Board heard persons for and against Hill ' s Mobile Home Park . An amendment to the present zoning ordinance was explained by representatives of the Tompkins County Planning Board and the Town of Danby Planning Board . Several persons requested controls over operation of a Mobile Home Park be instituted . Public Hearing adjourned at 8 : 45 P . M . Respectfully submitted , / Dorothy Roberts Clerk TOWN OF DANBY Resolution No . 19 WHEREAS the Danby Fire Commissioners have offered for sale to the Town of Danby the building and property located on Bald Hill Road formerly occupied by the Danby Fire Company at a price of $ 8 , 000 , and WHEREAS the Danby Fire District owes . the Town of Danby $ 3 , 000 for the premises previously conveyed by the Town of Danby to the Danby Fire District , and WHEREAS the Town Board is desirous of having the proposition as to whether to purchase the premises hereinafter set forth from the Danby Fire District submitted to a referendum to be held concurrently with the general election in November of 1970 . . NOW , THEREFORE , be it RESOLVED that the Town Board submit the proposition as Ilito whether to buy the property now owned by the Danby Fire Distric : bounded and described as follows : Commencing at the point of the intersection of the center line of Bald Hill Road with the center line of Buttermilk Creek , formerly known as Tioga Brook , thence in a southwesterly direction along the center line of said Bald Hill Road 275 feet , thence in a straight line southeasterly 124 feet more or less to a point in the center of Buttermilk Creek 250 feet from the place of beginning , said course passing through an iron stake 18 feet from the center of Bald Hill Road , thence northeasterly along the center of said Buttermilk Creek 250 feet to the place of beginning 1 , Being the same premises described in a Deed to the Danby Fire District from John S . Hoover dated October 28 , 1948 and recorded in the Tompkins County Clerk ' s Office in Liber 315 of Deeds at page 51 . THALER & THALER . LTTORNEYS 8 COUNSELLORS 309 NORTH TIOGA STREET ITHACA, NEW YORK In that the question as to whether to purchase said property at the price of $ 5 , 000 be submitted to the voters of the Town of Danby in conjunction with the general election to be held November of 1970 in a question to be answered yes or no as follows : I ' Should the Town Board of the Town of Danby purchase the property formerly occupied by the Danby Fire District on Bald Hill Road for the sum of $ 8 , 000 . The above Resolution was made by Town Justice A . Francis Wright seconded by Councilman Ralph Wilbur and unanimously passed by said Town Board . Dated : September 14 , 1970. Regular Meeting iii THALER & THALER TTORNEYS & COUNSELLORS 309 NORTH TIOGA STREET ITHACA, NEW YORK