HomeMy WebLinkAbout1985-03-14•
Town of Dryden March 14,1985
Planning Board. Special Work Session
The Planning Board met at 7:30P.M. March 14,1985 for a work
session with members B.Lavine, R .Chase,Chr.B.Caldwell,H.Slater,
R.Beck and Z.O. S.Stewart present. G.Schlecht represented the
Town Board. Chr.B.Caldwell informed everyone of a meeting to be
held March 20th at 7;30P.M. at the Tompkins County Court House by
the DOT about Rte.13(ma.inly between the airport and County line.)
B.Lavine said a main concern is lack of shoulders to get off the
highway. He felt at best they'd be dealing with short sections
around certain intersections.
B.Caldwell--- "Do you want to bring us up to date as to where the
Town Board is on the M.A.changes ?"
G.Schlecht ..... "We had a public hearing at our last meeting Most
people present were there, not because of M.A. but
because of flight hazard area. Then found out new
M.A. in their back yard. General feeling of public
was shock and chagrin. No real substance to meeting.
Another public hearing would be necessary to make
changes. Special meeting of town council the 26th
of March to discuss the area around Hanshaw Rd. A
small community group has formed from that area,
willing to work together with common goal to get
development in the area. Border lines, allowed
uses, and industries in their back yard and what a
reasonable buffer zone would be, were -major concerns
for this meeting,
B.Caldwell ..... "Ma.in purpose tonight is to see where Town Board is
and to see if we have gotten to where the Town Board
would like us to be."
B.Lavine--- "I had our zoning specialist from County Planning Dept.,
go over the proposal also. Had a. note from him stating
that simplified procedure was the thing that scared
him the most. There was also a. few technical things.
He thinks it would be better to make do with procedure
2302.13- -short procedure for site plan review. In other
words things would have to go to the SPR Board. If it
was simple and no controvery and could pass right thru
would still have to wait for meeting to be approved by i
the board. I'm sure he means it puts the town in some
liability. I agree full heartedly. Also for the
purposes of this session the flight hazard area shall
mean that area defined by article XIV under general
municipal law - -he says that article does not apply to
our County airport. It is an improper reference,
according to him. He says it should state (shall mean
that area defined - -wants to be applicable rules and
regulations of the Federal Aviation Administration,
particularly F.A.R. part 77 -- loaned us a copy of what
was worked out with village of Lansing on same issue.
Another technical point there - -we listed two commercial
garages in 2 different places on the same list. Termi-
nology of allowed uses - -this should be corrected so
there is no duplications. The main issue is about
simplified procedure.
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G.Schlecht---- -Point well taken. I guess I have reservations as
well. The main point is to be more specific as to
what site plan is going to entail. Set out what site
plan has to show and were quite clear on those require-
ments so that trained professionals could review them
and decide whether or not that plan meets requirements.
If planning board wants to make a recommendation, that's
fine.
B.Lavine------ That would certainly be my recommendation - -to have
these things come before some kind of public meeting
rather than just one individual.
G.Schlecht--- - -No doubt the Town Board wants to get out of the business
of reviewing things that turn
into
political decisions
as opposed to arbitrary decisions.
I suggest you
not
only make recommendations but
also
some specifics
as to
improving process pointing to
liability
and legality
as a strong point to carry to
the
Board.
B.Lavine--- I would like to make a resolution along that line. I'M
trying to think how to make that process work with an
extra piece about specifics.
R.Chase------ -Are you now talking against simplified procedure?
B.Lavine--- Well, having a simplified procedure which is merely onel
that will involve the review board.
R.Chase---- Everyone seemed to agree on a simplified review plan at
the last meeting. The only question I see, is this the,
criteria we want? Rather than turn back around making !,
it more complicated- -this could cover many situations.
If there are any concerns that don't meet the listed
requirements the board has agreed on, then bring it to
the board- -why prolong?
B.Lavine------I agree with your focus- -wish it would always be that
easy, but there is always a peculiar situation, and don't
want one person to be held responsible - -maybe public
hearing not necessary - -just bring proposal that meets all
listed requirements to a board review for a more public
approval. Could have anyone on this review board(Town
Board,Planning Board, or Special Board.) I just feel we
need more than individual to make final decisions. Could
specify no public hearing unless certain specifications,
are met. Timing is the main concern at this point. Noone
wants to get stuck on a board that has millions of things
that are nonsense. But it only takes one not to come
before a board that should have and didn't, and you're
in a bad way. Both in terms of physical and legal i
liability
R.Chase------ -If it does go before a board, are you saying that will
save us legal liability?
B.Lavine------ -Case would be stronger in court if it had gone
before a board as opposed to a single officer. I
don't feel a public hearing is necessary - -just a
review board involving more than one person.
R.Chase- - - - - -- -The resolution I would like to see is more to the
point of turning this over to the board with a
resolution saying we feel that this simplified pro-
cedure is the way to go. Do you feel there is any-
thing that needs to be clarified, added, etc. and
let the board look at it.
B.Lavine------ -We did start out to simplify- -I think the process
still would be simpler(short procedure). Enable
you to pass by all the rigamarole you would normally
be involved in for site plan review except for making
one presentation and that's the last page of article
XXIII.
H.Slater------ -Maybe the Town Board already has a direction
picked out.
G.Schelecht--- -No -- they're leaning toward some simplification, but
this draft was clearly an attempt to get something
concrete that was out on the floor to be discussed --
one concern is apparently simplification- -might in
fact turn out to be more difficult because of the
same concern Buzz has - -it is so easy for a citizen
group to say the decision was without foundation
• and tie whole thing up and you wind up in court
and it doesn't become simple - -it becomes more
difficult. My concern is that in fact what we're
saying implies it's really going to be a mechanism
for any citizen group to tie up anything forever.
Suggestion - -let's forget about what's in front of you.
A procedure that works something like this(without
worrying about wording.) A developer comes in - -he haE
his site plan which was spelled out(things that are I
necessary to show - -he carries it to Sib and bldg.
inspector who we envision are working closely on
this - -they go down a check list and say yes,yes,yes,�
maybe,no - -is this sound, is this covered - -at that
point they're all yeses, it's carried to a board,
(Town Board, let's say) who looks it over, reviews
it says y es. In ost cases we'd. be rubber stamping;
their (twoofficers5 decision - -or in those cases where
it's checked off maybe or no public hearing. I've
got to say that is not going to fly.
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A.Chase------- -What you're saying that's different then is Sib
would not issue a. permit on the basis - -but he would
go directly to the board.
G.Schelecht--- -He would make a recommendation based on a spelled
out thing which the board would review.
B* Lavine------ -Then some board ( Town, Planning or Review Board
would review. As long s it )
g gets to that board
once that would satisfy me.
R.Chase----- How about the time element- -that saying it wouldn't
have to be delayed. It would come up at next
regular meeting of board.
G.Schlecht--- Either of these two guys are available to review
• very quickly and give it to town board
which meets once a month.
B.Lavine---- Then they'd. have to wait perhaps a month?
B.Caldwell--- A month is not unreasonable.
B.Lavine--- .I thought
that was the
concern
before,
that you
didn't want to have to
wait
a month.
going
on
through
be asked
made
for.
R.Chase - - ~- - ~It may be
a compromise
that
gets this
thing thru.
It says a
lot of things
you
can tell a
potential
builder.
B. Lavine---- That's fantastic
site plan review
that night,
if
you use
that
along
with certain
it
could
pass right
going
on
through
G.Schecht--- ~My concern is anything that is controversial is
going to hit right on the fact that one person made
the decision. It would be so easy to fight that
in court.
B.Lavine---- It would be great to have a review by Sib & Gary
or whoever the officers are at that time to have
that review made complete with a written check list
that the board can use as a basis to start from.
B.Caldwell ..... It would be so nice and make it so simple if you had
it all down on one document. Always the same type
of document to review, with all the technical things
right in front of you.
R.Chase----- At
the
same time
go to the
Sib could
say there are things
you
are
going
to
to
be asked
made
for.
R.Beck------ At what
point did Sib say, no I
can't
go to the
board.
Sib may have reservation
about
certain
points.
I think that's a point
to
be
made
clear.
R.Chase----- I think if someone were to come with something that
was not an allowed use at that point he could say
this is not allowed in that zone, and probably will
not be approved. On the other hand he could say
you've met all the criteria & can be reasonably
sure it will be approved.
G.Schlechtvr-- If it's not an allowed use, the site plan is
inadequate etc. Sib would just say, "This plan is
not adequate and I can't take it to the board.
0 S.Stewart--- Is everything going to go to a site plan review?
B.Caldwell--- Or the Town Board or whatever - -but it will be after
your review.
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S.Stewart------Well, I wasn't too excited or maybe I was excited about
me having the decision on my shoulders.
B.Caldwell -- This plan would take that responability off your
shoulders. You'd be working with the engineer and by the
book and get all the ground work done then present that
package to whatever body the Town Board wants it presented
to.
S.Stewart---Would this meeting have to be advertised?
B.Caldwell - -No,
I
don't think so.
The
meetings
are open to the public
but
it
doesn't have to
be a
public
hearing.
R.Chase--- - -I think this is a great idea. You must have very well
defined criteria, this will help legally.
G.Schlecht- -Key is to be routine.
B.Caldwell - -Is this the general concensus then, a short procedure,
set criteria. for Sib, then to a Board for final approvalT
H.Slater---- Serves both purposes then(expedient and gets to a public
review.
R.Beck--- -- -The key to the thing is that the developer knows as soon
as he begins to talk about it that this must be met -
this, this, this, etc. and when it is MBt it can be carried
to the board for approval.
B.Caldwell - -Is this concensus adequate for you to take to a working
session of the Board then?
G.Schlecht -- Yes - -I think so- -can you get something in writing that I
can show them?
R.Chase---- -Could Sib write up something on a check list that you must
meet requirements in section 1202, in addition to the
enviromental protection form?
B.Caldwell - -Do we have a motion that by using the tape of tonight's
meeting, I work up a letter to give George to present to
the Town Board?
So moved by R.Chase Seconded by R.Beck Approved
The Town Board can decide what Board to use for the Site Plan Review-
(Town Board,Planning Board, or specially chosen Board.
B.Caldwell - -I have a question which enters into M.A.Zone - -I think in
some of the languages in the proposal it talks about
zoning permits which is different than building permit- -
What if there is existing facility and it changes ownership
and it changes use- -it's still on the list of allowed uses
but what do we do, or Sib, or anybody do? Let's say it
goes from one use on the list to a quote(more hazardous
use)which is still on the list? Do they have to come for
a zoning permit for that particular use? Right now we
don't have any procedure.
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~ S.Stewart--- --- -Use changes that are allowed by special permit - -if
it's only an allowed use you'd need building permit
anyway - -to convert it to the new use.
R.Beck--------- -I don't feel we need a special grouping on the list.'
H.Slater------ - -It would be very difficult to change business in a
building and not have to make physical changes. You
would have to get a bldg permit for.
B.Raldwell------At our regular meeting next week, March 21st Mr Aist
will be here from Snyder Hill Rd. about a small sub -
division
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S.Stewart------- Someone is coming in to represent Gene Rotunda also - -i
(bought quite a lot of land from yellow barn develop
went. Wants to build on only 2 lots.
B.Caldwell--- -- -That will.ta.ke up a good share of our meeting. Do you
want to also plan to work on multiple residents - condo's
co -ops at end of meeting or do you want to set a time
table by such and such a date we'll have this done?
Let's try to start multiple residents and see how it
goes. Meeting will start at 8;00 PM next week.
Meeting was adjourned at 9;15PM.
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