HomeMy WebLinkAboutRogue Creek Cidery submittalDevelopment Review Application
Building Permit Number: 14,9'7
Project Title: :R� M e_.C.reaK C, cfg q t rrq r,,, S` And
Project Address: 'bckn 6 y 'RJ f J�e--. W V W3'
Tax Parcel ID: /—/I
Type of Application:'3,,,; it S,J-0 TP/aa f'Qele-j C 4,a
¢ter}. d -i-
Type of Development: Inon-residential 1 �s n�i�� -` �,'�,- �y mod �',-ePq ���'oP1
Stage of Review: Sketch _ Hreiiminary V*' Final Additional meeting
Estimated site improvement / project cost: -$ go K
(Exclude cost of land acquisition & professional fees)
Total number of lots proposed (existing + new): I
Are new roads or public utilities proposed? no
Applicant / Agent
Name: David I- 3'61- J an Title: -
Address: 4Z . �!. /fir �" �� � 1V1
Phone(c) 3 ��Email: da v r -Z®o / <e,ao I'd -4 P"
Consultant
Name:.I-Y'aC �L Title:
Address: ;Z3 ao 3, XL ya R(61-
Phone:
(6-Phone: 1.9 Email: �5ar, @ r�zc.� T�.,g 1'-�v�? �+rm }�►-�
Owne / Lessee / Engineer / Attorney / Other (circle one)
Name: -Dow ad L TO,4-Qrx/vlfi��-IrJeh Title: �-n2�-S
Address: .? 92 M. /le r vgs-o
Phone: Email: �a ✓r �.� fG�, „^
ALL APPLICATIONS:
The information on this application form is submitted in addition to other information, plats, and plans required by the
Town of Danby. I attest that all information so submitted is complete and accurate to the best of my knowledge. Also, by
filing this application, permission is granted to members of the various Town Boards, Committees, Planning and Code
E . rcement staff, and/or any other persons designated by the Town t t may be involved ' e review of this
pplieatietoer the pro rty specified above to inspect in conn tion with the vie of this application.
zfOwnere date Applica gent signature date
2
DGIVI.d LJoro(clo,
292 FGiSt MULer RA
(thaw, NY 14.850
Mr. James Rundle, Chair
Town of August 27, 2019
Danby -Planning Board
Town Hall
Danby, NY 14850
Re: Jordan Family - Site Plan Determination for Farm Tasting Room and Farm Stand
Dear Mr. Rundle,
We are seeking a building permit for a cider tasting room and farm stand, which includes a
small sanitary preparation area at the subject site, located at 1582 Danby Rd, in the Town of
Danby: herein after referred to as the branch premises. Our Town Zoning Officer, John Norman,
has directed us to seek a Planning Board review in order to proceed and that is the purpose of
the request outlined in this letter.
Shortly after purchasing the property for the purpose of creating more market visibility for our
farm products, we were issued a permit in April, 2018 to renovate the branch premises for a
tasting room, commercial kitchen and residence. After a year of making renovations and
investments, our renewal permit for the tasting room and kitchen was denied on the grounds
that these commercial activities were no -longer permitted. On August 2nd of this year Mr.
Norman issued a letter reversing part of his decision in determining that a tasting room could
be permitted, as long as: it's operation fell within customary activities of a tasting room as
defined by New York State Agriculture and Markets Law (AML); and it's operation complied
with the scope and rules of the New York State Liquor Authority (SLA). He further stated that a
Planning Board Site Plan Review
"...would provide a vehicle to develop a final scope to determine a final classification of the allowed and
non -allowed uses, including to determine whether any proposed use is sufficiently similar to an allowed
agricultural use such that it can trigger a special permit review, a process which the planning board itself
can also assist with."
And in concluding his letter:
"Again, it is hoped that further information gleaned through a voluntary review process can lead to a
mutual understanding of what is an allowed agricultural use in this zone, and thus inform applicant as to
what options are to proceed, whether by application to the BZA or for a building permit."
While we acknowledge that the town zoning law does not provide guidance on how a
"sufficiently similar" agricultural use would trigger a Special Use Permit, it appears that the
Planning Board's determination of "allowed agricultural use" is being called for in order for us
to make progress at this point.
We believe the information provided here sufficiently includes our proposed activities as
agricultural uses, and that (as Mr. Norman suggests) the board's determination will help bring
closure to a long -overdue permitting process. We therefore request that you review our site
plan information and our descriptions of allowed agricultural uses and make a determination as
to whether our proposed activities fall within the town's plan and character.
Subiect Site
The subject site is 1.35 acres, consisting of one tax parcel 7.4-11. This site is part of our main
farm operation and licensed "Farm Winery", located in Ag District 1, 292 East Miller Rd (94.5
acres). Our farm has been producing cider apples, honey, maple syrup and u -pick berries for
over eight years. Application was submitted this year to add the branch premises to an Ag
District in 2020. The Jordan family acquired the property for the purpose of creating more
market visibility for our farm products with a farm -to -glass tasting room and farm -to consumer
farm stand. The property is located in an LD zone which allows for "typical agricultural usage".
Our application to the NYS Liquor Authority for use of this site as a branch premises is pending
submission of photos of the finished facility. This letter has been prepared consistent with the
Town of Danby Zoning Law, with New York State Agriculture and Markets Law's definition of
farm operations, and New York State Liquor Authority definition of authorized food
consumption.
Does this farm operation conform with customary aericultural use?
Town of Danby Zoning ordinance, Article VI, section 600, Clause 1c, states permitted usage in a
LD zone shall include "customary agricultural uses". Mr. Norman points out in his letter that,
"The intent of the local right to farm law is to essentially extend the zoning definitions of
agricultural uses in a manner that is more consistent with the AML's modernized definitions of
what is an agricultural use..." He also then asserts that the Town will use AML and SLA (in the
case of a tasting room) to define the scope of agricultural uses. This practice is also used in
reverse as noted in AML Guidelines for Review of Local Laws That Define "Farm Operations",
"Farm , "Agriculture" or any similar term:
In the administration of the AML regarding a municipality's definition of..."agriculture"... or any similar
term to describe an agricultural/farm operation in its zoning code, the Department compares the
municipal definition to the State's definition of "farm operations" as defined below.
Here are several more key aspects of the AML definitions and guidelines:
AML Art 301(11) "farm operation" means the land and on-farm buildings, equipment... and practices
which contribute to the production, preparation, and marketing of crops ...as commercial enterprise...
...Such farm operation may consist of one or more parcels of owned or rented land, which may be
contiguous or non-contiguous to each other.
And also that the on-farm "production, preparation and marketing" from AML Art 301(11) of grains,
grapes and other fruits are considered part of a farm operation. The Department considers agricultural
commodities produced "on-farm" to include any products that may have been produced by a farmer on
his or her "farm operation," which could include a number of parcels owned or leased by that farmer
throughout a town.
This establishes that the branch premise is integral to an established farm operation. It also
defines farm operation as commercial enterprise, and AML Art 301(4) requires that "'farm
operations" must be a commercial enterprise as a condition of receiving the benefits of that
status. This means permits should not be denied on the basis of an operation being
"commercial" in nature when using AML definitions of agriculture. The definition also specifies
on-farm "production, preparation, and marketing" of crops as part of a farm operation. And the
crops which fall within that activity specifically include:
�-- AML Art 301(2) crops ... shall include but not be limited to the following:
c. Fruits, including apples, peaches, grapes, cherries and berries
f. Maple sap
Ji. Apiary products including honey...
This establishes that processing and marketing any of these crops on a farm facility is a
customary and permitted agricultural use under AML definitions. Unequivocally, this includes
the bottling of honey and maple syrup, and other apiary and maple sap products. Honey
bottling, by NYS law must be done in a certified sanitary facility. Thus, the on-farm production
and preparation area used for honey (and shared by the tasting room, in our case) must be
certified as such by law. Both NYS Dept. of Health and Ag & Markets require this.
The NYS legislature passed our Right to Farm statutes with the expressed intention of helping
Ag & Markets to sustain socio-economic vitality throughout the state, and to protect farmlands
from encroachment of non-agricultural development due to lack of investment in commercial
agricultural. It would be wrong to suggest that the Right to Farm status adopted in Danby could
be only for non-commercial agricultural uses. Commercial enterprise is central to its intent.
Another excerpt from an AML footnote reflects what Mr. Norman indicated in his letter when
writing that we must comply with SLA:
While the Department sets standards for protection of "farm operations", the Alcohol Beverage Control
Law (ABC law) provides the standards which must be met for farm brewery, cidery, and winery licenses.
r Licensees must comply with the ABC law standards to qualify for their licenses.
Although Ag & Markets has responsibility for inspections of winery facilities such as tasting
rooms and kitchens, they use the same guideline for food consumption as defined by the SLA:
For tastings and sales for on -premises consumption, the licensee shall regularly keep food available for
sale or service to its retail customers for consumption on the premises. A licensee providing the
following shall be deemed in compliance with this provision: (A) sandwiches, soups or other such foods,
whether fresh, processed, pre-cooked or frozen; and/or (B) food items intended to complement the
tasting of alcoholic beverages, which shall mean a diversified selection of food that is ordinarily
consumed without the use of tableware and can be conveniently consumed while standing or walking,
including but not limited to: cheeses, fruits, vegetables, chocolates, breads, mustards and crackers.
This establishes that, in the specific context of a farm cidery tasting room, on -premise food
service is not only authorized, but customary.
Based on Mr. Norman's assertion that a tasting room facility is a customary and allowed
agricultural use, and based on the AML and SLA guidelines and regulation which define the
scope and rules of farm activities and tasting room activities we hope that you will agree that
our following proposed activities fall within "allowed agricultural use":
• On -premise serving of "food items intended to complement the tasting of alcoholic beverages, which
shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be
conveniently consumed while standing or walking, including but not limited to: cheeses, fruits, vegetables,
chocolates, breads, mustards and crackers."
• Producing, preparing and marketing of honey and other apiary products, maple products,
jams, pickles and other on-farm sourced agricultural crops.
All that said, it is clearly understood that such conditions as safety, occupancy and impact must
still be regulated by the local zoning process. Therefore, we voluntarily provide the following
` site plan review information, as requested, to address appropriate concerns the town may have
in regard to safety, occupancy, traffic flow, accessibility, environment and neighborhood impact
that can be managed in the permitting process. Any allowed agricultural uses may still be
subject to limitations set forth by these conditions in the Site Plan review process.
Site Plan Review Submission:
This site plan review submission includes:
1. A description of the existing conditions and proposed conditions at the subject site
2. A completed survey of Danby Zoning Ordinance "General Site Plan Considerations"
3. A completed Agricultural Data Statement for the property and list of farm operations within
500 ft of subject parcel
4. Copy of signed petition in support of activities from neighbors within 500 ft
5. Site plan showing key topographical features, landscaping, Ag set-aside plot, parking spaces,
access roads, location of premises on lot
6. Copy of zone map showing parcel and neighboring properties
7. A Completed Environmental Assessment Form
Existinx Conditions
The subject site has a single family house with attached single car garage. It was built in 1947 by
a masonry contractor who used concrete masonry blocks for the foundation and first and
second story exterior walls. The front facade is brick veneer. The interior walls and ceilings are
masonry plaster with 2 hour fire ratings between first and second floors with one hour fire
rated walls. The property has an existing paved driveway and entrance off of Route 96b. The
driveway and adjacent front lawn area has a grade range of 1% to 2%. The house and garage
are built on about .36 acres. An application to add this parcel to an adjoining Ag District in 2020
is pending review and approval.
The site consists of two topographical levels: the house site section is on a plateau about six
feet above the total acreage. The property is bounded on two sides by land in an Ag District
(West and South), one highway, 96b, on the East, and one residence on the north. The lower
part of the site (one acre) has a grade of about 1% to 6% slopping east to west. Conifer (Spruce
and Cedar) and deciduous trees (Maple, Walnut, Elm) grow along the entire perimeter. Most of
these trees are over 50 years old, providing shading, screening and buffering. The adjacent Ag
District property also contains many mature and early successional trees, which further buffers
the site. A buffer of mature cedar, spruce, elm and lilac are growing along the entire length of
the northern property line providing a dense screen between this site and the only abutting
residence. The property has 262 feet of frontage along 96b, the southern portion of which
contains a drainage culvert and ditch. The application to add this parcel to an Ag District in 2020
is pending review and approval.
Within one mile of this site north and south on 96b there are 6 non -residence based
businesses, with non-residential parking areas and 3 additional non-residential (total of 9)
parking lots which are easy to see along the same stretch of road. One of these businesses is an
ice cream stand that serves food which is not produced by the farm it resides on. Additionally
on this same stretch of road are several residence -based businesses and several commercial
rental unit parking areas comparable in size to the parking proposed at the subject site. There
are also many structures which were originally built for farming operations in the area.
Proposed Conditions
As the original building permit authorized, the Jordan family started the following
improvements to the site and the house:
• Construction of insulated 24'x 40' slab to be used as a patio in near term and finished as
covered addition in longer term.
• Property improvements necessary to prepare and market hard cider and farm produce
o Conversion of lower floor to tasting room with ADA accessible bathroom and
new passageway to patio area
o Conversion of garage to small sanitary food preparation area
o Well connections and UV well water treatment
• Remodeling of second floor of house for residence, with separate entrance on lower floor
• Improvements to roofing and building exterior in preparation for painting
• Improvements to basement, utilities, and heating system throughout building
• Note: all work on tasting room and related kitchen were suspended April 2019 when this
part of the permit was not renewed by the Town.
Tillage and landscaping has also begun in preparation of growing crops (orchard and
fruits/vegetables) on-site as a feature of the overall attraction.
The Jordan family proposes to finish the improvements to the site when a revised permit is
issued that states approval to complete the tasting room and related sanitary preparation area
(to be food -safety certified as required). The remaining improvements shall include the
following and any other such improvements deemed necessary by the Town:
• The Tasting Room and Farm Stand will have a separate side entrance from the residence
located on the second floor: the residence will use the existing front entrance.
• The site will be accessed by the existing hardtop driveway which will be extended and
widened to allow for parking access and safe exiting and entering of the adjoining roadway.
• Front and rear lawn areas will be covered with covered with hard -packed gravel to create
residential and public parking areas as well as on-site passage for vehicles to drive to parking
spaces. The parking areas will follow existing grade (1%-4%), will allow for water percolation
and will not change the drainage of water on the site which mostly flows toward the wooded
property boundary to the west. The site can accommodate parking for 26 cars (refer to site
plan diagram). Signage will be present to direct traffic flow, to indicate ADA accessible
parking and to indicate that visitors may not park along highway.
• A Farm Stand & Tasting Room sign will be erected near highway, though it will be smaller in
size than other commercial signage currently present in the area.
General Site Plan Considerations
As identified in Town of Danby's Zoning Ordinance, Section 805. The Planning Board's review of
a general, preliminary, or final site plan shall include as appropriate, but shall not be limited to,
the following considerations:
1. Adequacy, arrangement, and location of vehicular access and circulation, including intersections, road widths,
pavement surfaces, off-street parking and loading areas, and traffic controls.
The branch premise site plan includes utilizing the existing, safely functioning hardtop driveway
as an entrance and adding a separate exit connected by a curve to allow vehicles to flow safely
in one direction and reenter the highway nose first. Branching off of this curve are four parking
spaces (two ADA) and two lanes; one extending to the rear of the building and one extending to
lower lawn level where the main parking area is. The dimensions of this parking area allow
vehicles to back out and exit safely, and parking spaces are ten feet wide. There are adequate
spaces for residents, tasting room staff as well as the designed seating capacity of the tasting
room: approximately 30 seats. Using Town schedule for restaurants of one parking space for
three seats, we minimally need ten parking spaces. The site plan indicates 26 parking spaces.
2. Adequacy, arrangement, and location of pedestrian and bicycle traffic access and circulation, control of
intersections with vehicular traffic, and appropriate provisions for handicapped persons.
Two "handicapped" parking spaces will be provided closest to the main entrance of the tasting
room. The walkway leading to the main entrance will be graded for wheel chair access, the
entrance will accommodate wheelchair access, and the bathroom follows ADA guidelines.
3. Adequacy, location, arrangement, size, design, and general site compatibility of buildings, lighting, signs,
open spaces, and outdoor waste disposal facilities.
These considerations will mostly be unchanged from current condition. The building is
aesthetically pleasing, with more than adequate setback from the road and has large open lawn
spaces. Waste disposal system will be residential in nature; two or three 50 gallon cans to be
stored at the rear of the building.
4. Adequacy, type, and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise -
deterring buffer between the applicant's and adjoining lands, including the retention of existing vegetation of
value to the maximum extent possible.
As previously mentioned, the site has many mature trees and shrubs that surround the site and
accent the landscape with shade, beauty and other ecological services. No additional trees
needed to meet standards, such as "general parking lot" design requirements.
S. In the case of a residential property, and in the case of other properties where appropriate, the adequacy and
utility of open space for playgrounds and for informal recreation.
There is adequate open space for informal recreation (refer to diagram).
6. Protection of adjacent properties and the general public against noise, glare, unsightliness, and noxious
odors, air, water and soil or other objectionable features.
These considerations will not diverge from what would normally be expected as a range of
smells, noises, etc. from typical residential sites.
7. Adequacy of storm water, drainage, water supply, and sewage disposal facilities.
Renovations to the existing building and site improvements will not change how storm water
drainage, water supply and sewage disposal are accomplished now, with the exception that the
water supply will be UV treated as required by DOH standards. The site has adequate well
water and wastewater facility. In parking areas, water that does not percolate through gravel
will flow down grade (1%-4%) toward the back of the property which then drains to a wooded
boundary to the west, as it currently does.
& Adequacy of fire lanes and other emergency provisions.
There is space for fire equipment and personnel to easily access all sides of the building.
9. The effect of the proposed development on environmentally sensitive areas including but not limited to
wetlands, flood plains, woodlands, steep slopes, and water courses, and on other open space areas of
importance to the neighborhood or community.
No such spaces are known to adjoin the site, and no proposed changes would newly alter any
environmentally sensitive areas if they did exist.
10. Compatibility of structures and other site Improvements with adjoining land uses and the general
neighborhood.
The facade of the existing house will not be changed. The future extension at the rear of the
house will be architecturally compatible with the existing design. Parking areas and signage are
the only improvements that will make the site look other -than -residential. And these are to be
comparable to other parking areas and signs within a mile of the site in the same LD zone along
96b.
11. Compliance with the Zoning ordinance, subdivision regulations, if applicable, and any other applicable laws,
rules, requirements, or policies.
The proposed uses and all proposed renovations are in compliance with the Zoning Ordinance,
such as we have presented above. Subdivision regulations do not apply here.
12. [2-10] Compliance with the Town's Storm water Local Law, and all requirements and conditions therein,
including demonstrated approvals and compliance with any SWPPP approvals or SPDES permits. [2-1 o]
This is an existing site. No changes will affect the Town's Storm water local law.
13. Compliance with the Town's Groundwater Protection Local Law and consideration of the effect of the
proposed use on the quality and quantity of available groundwater resources, surface water, and wetlands at
and beyond the boundaries of the proposed use.
Proposed uses will not impact these consideration any more than typical residential use.
14. Such use will be in harmony with and promote the general purpose and intent of this law.
Prior to purchase by the Jordan family, the property remained unoccupied for seven (7) years,
and managed by a California based Reverse Mortgage Management company. The proposed
uses will return the vacant agricultural land and residence to Farm Operational use and
promote agri-tourism in the Town of Danby, consistent with the Town's draft comprehensive
plan and Right to farm laws.
In summary, the tasting room, and related facilities will provide an opportunity for the hard
cider and farm produce from the Jordan cidery and farm to be marketed to the public, in
keeping with the character of the surrounding area and without harm to the environment. To
accommodate public access to the tasting room and farm stand, the site will have adequate
parking and roadway access will be improved to accommodate two way traffic through the use
of an additional driveway exit and turn around. It should be further noted that the tasting room
is intended to be a seasonal offering (May -December). Therefore, site use will not be impacted
by large volumes of snow or other aspects of managing traffic flow in winter conditions.
CONCLUSION
As a part of a greater farm operation, using the site at 1582 Danby Road (96b) as a tasting room
and farm operation will restore and preserve an agricultural use on the site, while being
consistent with the Town of Danby Zoning Law, the character of the immediate area, the New
York State AML, and Liquor Authority requirements. Along with serving cider, we should serve a
diversified selection of food that is ordinarily consumed without the use of tableware and can
be conveniently consumed while standing or walking as is authorized by NYS law for "farm
cidery tasting room" compliance. Our production and preparing of farm -sourced crops should
not be constrained by the denial of a sanitary workspace that is required to safely produce and
market farm products. Our activities will not be allowed to outgrow the character and capacity
of the LD Zone where this branch premise is located because it will be limited by building
occupancy, safe traffic flow and other factors. If over time the commercial enterprise were to
outgrow this capacity, this would also mean that the enterprise has reached an economic
sustainability allowing us to build additional capacity either at our main farm or somewhere
else.
As a final note, we ask that you take a look at our attached petition and see that the
neighboring property owners are in full support of our proposed activities. We hope to work
with them and the rest of our community in making this space something that benefits our
community while benefitting our efforts to keep farming alive and well in Danby.
Thank you for your service to our community. And thank you, in advance, for your
consideration and deliberation on our situation. We look forward to hearing back from you
and/or discussing the request contained in this letter with the Planning Board at the next
meeting on September 10, 2019. Should you need any additional information please contact
me at either 1-346-419-9373 or my e-mail: davidlj2001CrDaol.com
ly yours,
David Jordan, f6r the Jordan Family
AGRICULTURAL DATA STATEMENT
Town of Danby Tax Parcel No. !7, —1-1 1
Tompkins County Agricultural District No. 1 or 2
NOTE: Section 283-a of the Town Law (effective July 1, 1993) requires that any
application for a Special Permit, Site Plan Approval, Use Variance or Subdivision
Approval on property within an Agricultural District containing a farm operation, OR
on property with boundaries within five hundred (500) feet of a farm operation that is
located in an Agricultural District, include an Agricultural Data Statement. ALL
applications requiring an Agricultural Data Statement must be referred to the
Tompkins County Planning Board in accordance with amended section 239-m and
239-n of the General Municipal Law (effective July 1, 1993).
Part I: Agricultural Data Statement
Name of Applicant
7)4v,4 L. T -v r- d4 y, � � Gi L� c a C .�� d j 7Q , j-.0
Mailing Address
Description of Project t%r 't,„, ly6k, Rer ke.Crew-<p,cle'l, s g5,
Ce s /�rr��'ct�^.+rr Sf ��wi ,SW. /4r �ovaPI— arel�.o.-•
re®sC�`,� rer �y �•, rro r •�+ ?dse- quo 4eJ r- -S F d �,c J /hrF' �v�+.r,�/e'
P`C+�c1�ti�ms� O ! rP S/ de"e -e mel r % r7� /�ir�. Ta�Od F�7� 4
rs L9. ,��//•��sc�' cid /JX�A 4;,�
Names and addresses of those owners of land within Tompkins County Agricultural
District #1 or #2 that contain farm operations AND are located within five hundred
(500) feet of the project property:
1. Da v i d L , :S' o r e ,. +-Da ✓, j ft-rz�DJ 2,=► a�� ,� ]�, — ��/,SQc re��
2. ffl ,G e( C01 l e.- 2 h/, 41, l(er Rd. t,Z
3 . V o vJ 4 n ��� � � r e +,� 4 r, i 57z? Z De? ►-� �� 7-3d 5,..e b 'A" r h(.,
4.
5.
Attach to this form a copy of a tax map showing the site of the proposed project
relative to the locations of farm operations identified above. Farm Operations are
defined as "...the land used in agricultural production, farm buildings, equipment and
farm residential buildings" according to Section 301, Article 25 AA of the
Agricultural and Markets Law.
Rev. lune 17, 2019
Short Environmental Assessment Form
Part 1- Project Information
Instructions for Completing
Part 1— Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding, are subject to public review, and maybe subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as
thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the
lead agency; attach additional pages as necessary to supplement any item.
Part 1— Project and Sponsor Information r,7 / /
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Name of Action or Project:
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Project Location (describe, and attach a location map):
I -<�2 71 ) ��AaGa A,11 i 1499
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Brief Description of Proposed Actions /
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Name of App scant or Sponsor,yS I—A oc� / es
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Address:
.292- 40, 174' //,- .fid ,
City/PO: I
State / (I +Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, I NO YES
administrative rule; -or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES
If Yes, list agency(s) name and permit or approval: I ❑
3. a. Total acreage of the site of the proposed action? b 3 r acres
b. Total acreage to be physically disturbed? . 3 0 acres
c. Total acreage (project site and any contiguous properties) owned \
or controlled by the applicant or project sponsor? 94' c acres (n eel in
Check all land uses that occur on, are adjoining or near the proposed action:
❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial [Residential (suburban)
❑ Forest [Agriculture
❑ Parkland
J ,:
❑ Aquatic ❑ Other(Specify):
Page 1 of 3
5. Is the proposed action,QS�r � O,f'ic�-ger NO YES N/A
a. A permitted use under the zoning regulations? t J rn4 4�,w f(/ d eA"' �+
b. Consistent with the adopted comprehensive plan? ❑ �' ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES
If Yes, identify: a 7
-- NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? M ❑
b. Are public transportation services available at or near the site of the proposed action? ❑ 12
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements, describe design features and technologies:
❑ 1Z
10. Will the proposed action connect to an existing public/private water supply? % NO YES
If No, describe method for providing potable water:�i[j S ��n� W,01 -a& �e r -J"
4-r� " - �•, en-% &d r f h ll ✓a.5 j�e�- � O � r e � `-t e, r e rte, O'n 11 LTJ El
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No, describe method for providing wastewater treatment: f i.54 l-li -% -74--14 4"-
�X-5 C ❑
12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district NO YES
which is listed on the National or State Register of Historic Places, or that has been determined by the ❑
Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for
archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory?
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES
wetlands or other waterbodies regulated by a federal, state or local agency? ❑
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ® ❑
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional
i ❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES
Federal goverment as threatened or endangered? ❑ ❑
-16. Is the project site located in the 100 -year flood plan? NO YES
17. Will the proposed action create storm water discharge, either from point or non -point sources? NO YES
If Yes, M ❑
a. Will storm water discharges flow to adjacent properties? 1Z ❑
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? F
If Yes, bri -fly describe:
�� E Q -Sc. S�. C9 W q ✓►c IO c t�
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids (e.g., retention pond, waste lagoon, dam)?
If Yes, explain the purpose and size of the impoundment: ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
,-. management facility?
If Yes, describe:
Ea ❑
20.11as the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES
completed) for hazardous waste?
If Yes, describe:
I CERTIFY THAT THE INF iATION PROVIDED :4.BOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE //
A licant/s onsor/na `J �v� d � • % o ria n
PP P r � ''Date:
Signature: Title: 10G1 -0r7 1941
PRINT FORM
Page 3 of 3
EAF Mapper Summary Report
7.4-1.1
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Hiermap, IN REi�q
Japan, UE r i 1
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User carru unitir VII
Part 1 / Question 7 [Critical Environmental
Area]
Part 1 / Question 12a [National or State
Register of Historic Places or State Eligible
Sites_]
Part 1 / Question 12b [Archeological Sites]
Part 1 / Question 13a [Wetlands or Other
Regulated Waterbodies]
.Part 1 / Question 15 [Threatened or
'Endangered Animal]
Part 1 / Question 16 [100 Year Flood Plain]
Part 1 / Question 20 [Remediation Site]
,No
0
"nin, USGS,
NRCan, Fs r7
-long KemIgg Esn
cc, jo
C-- and the as
Tuesday, August 20, 2019 2:00 PM
Disclaimer: The EAF Mapper is a screening toot intended to assist
project sponsors and reviewing agencies in preparing an environmental
assessment form (EAF). Not all questions asked in the EAF are
answered by the EAF Mapper. Additional information on any EAF
question can be obtained by consulting the EAF Workbooks. Although
the EAF Mapper provides the most up-to-date digital data available to
DEC, you may also need to contact local or other data sources in order
to obtain data not provided by the Mapper. Digital data is not a
substitute for agency determinations_
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'No
.Yes - Digital mapping information on local and federal wetlands and
waterbodies is known to be incomplete. Refer to EAF Workbook.
tNo
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
Short Environmental Assessment Form - EAF Mapper Summary Report l
2016 Property Map- County of Tompkins, NY
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Author:
Description:
Place:
Category:
Subject:
Year:
File Size:
More Details:
Tompkins County ITS GIS Division. Tompkins County Assessment Department
Agricultural districts in Tompkins County. Agricultural districts represent private tax
parcels that are regulated by New York State Agricultural District Law. The Law is meant to
protect and promote the use of agricultural land.
Tomrkins Caunty
igricul ure and prop
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IN SUPPORT OF FARM SALES USE OF 1582 DANBY ROAD
Rogue Creek Cidery • Rogue Creek Farm
A family farm operated by David, Jed, Barbara Jordan and family
Danby Town Board
Danby Town Supervisor, Ric Dietrich
Danby Code Enforcement Officer, John Norman
Danby Town Planning and Zoning Officer, John Czamanske
1830 Danby Road
Ithaca, NY 14850-9419
DEAR TOWN OF DANRY,
We the neighbors of 1582 Danby Rd have been informed of the property owners' intentions
for new use of the property in conjunction with their farm located on East Miller Rd. which
include:
• Converting lower portions of house for use as a hard cider tasting room serving the public
• Using converted space for production and sales of farm -based goods
• Working with the Town and County Health Dept. to comply with any improvements that
are required (such as expanded parking and water filtration) to permit such uses
We understand that these changes may impact the aesthetic of the surrounding area and that
the owners have expressed an intention to minimize any undesired impacts by continuing
to seek input and respond to concerns from other property owners in the neighborhood
related to these new uses.
By signing this letter, we therefore support the above activities and do not object to these
activities being permitted by the Town of Danby.
Signed:
` s
r
Address:
l3 0.ek 10
Date:
s
5c,
/vlelzlA'a 41
BUILDINU PERMIT
Town of Danby, New York
0t t fo (gPt ,y That a Building Permit has been issued to
0 l�rcia�
to erect, alter, move, demolish or repair a building as follows, in
accordance with all Laws, Rules & Regulations applicable thereto:
Operation, {,s% lC�_ Date of Permit `7 15-1d�lrj1 g
Address --L32 Expiration`�'�,���. / 9
Owner of Land -Po -4 ji'W Sp-Fial
Tax Parcel #:
7-1-11 Signed �_
fCNING OFFKER/BUILDING OFFICIAL
THIS PERMIT MUST BE POSTED AT THE PLACE WHERE THE WORK IS IN PROGRESS
1489
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4 4 3 3 2
SITE PLAN
ROGUE CREEK CIDERY
AND
FARM STAND
1582 DANBY RD
ITHACA, NY 14850
1,
mapple tree
2,
spruce
°
3,
elm
4,
walnut
5,
blacklocus
°
6,
7,
elm
cedar
8,
lilac
9.
Magnolia
/,3'—U7,
o
4 4 3 3 2
SITE PLAN
ROGUE CREEK CIDERY
AND
FARM STAND
1582 DANBY RD
ITHACA, NY 14850
M;84
okm
Hard Cider Storage
Battles
Entrdnce
Reside
JORDAN ESTATE- -VINEYARD & ORCHARD LLC
dBA ROGUE CREEK CIDERY
...................... "IIMA V01
I Si.V. Up
4/ 1 ST FLOOR (Premises)
TASTING RD
[dish _ _� _
S", 0 (! 8)
Up/ D:
hp
FI
ff
011spkay snekt
05.0000
ADA B.,thr.om
0
W—uh.
Mier ph
PATIO (PERIMETER IS BOUNDED WITH PORTABLE RIBBON/STANCHION BARRIER)
r,o
NAMM
Portico
Tasting Rm entr e/exii
fD
_0
0 Kitchen
P
.rte
r0 0
I
Entrdnce
Reside
JORDAN ESTATE- -VINEYARD & ORCHARD LLC
dBA ROGUE CREEK CIDERY
...................... "IIMA V01
I Si.V. Up
4/ 1 ST FLOOR (Premises)
TASTING RD
[dish _ _� _
S", 0 (! 8)
Up/ D:
hp
FI
ff
011spkay snekt
05.0000
ADA B.,thr.om
0
W—uh.
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PATIO (PERIMETER IS BOUNDED WITH PORTABLE RIBBON/STANCHION BARRIER)
r,o
NAMM
Portico
Tasting Rm entr e/exii
fD
_0
C+
P
Entrdnce
Reside
JORDAN ESTATE- -VINEYARD & ORCHARD LLC
dBA ROGUE CREEK CIDERY
...................... "IIMA V01
I Si.V. Up
4/ 1 ST FLOOR (Premises)
TASTING RD
[dish _ _� _
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Up/ D:
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Tasting Rm entr e/exii
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HEALTH
Your Partner for a Healthy Community
Frank Kruppa
Public Health Director
55 Brown Road
Ithaca, IVY 14850-1247
/"IN - -
ENVIRONMENTAL HEALTH DIVISION Ph: (607) 274-6688
http://www.tompkinscountyny.gov/health Fx: (607) 274-6695
FOOD SERVICE ESTABLISHMENT PLAN APPROVAL
Facility Name: Rogue Creek Cidery, 1582 Danby Road, Danby
Applicant: Jordan Estate Vineyard & Orchard, David Jordan
Mailing Address: 292 E. Miller Road, Ithaca, NY 14850
When constructing or remodeling, the applicant accepts and agrees to comply with and conform to the
following conditions:
1. The proposed facility be constructed in complete conformity with the plans and specifications
approved this day. All equipment and facilities must be designed, constructed and installed in
accordance with applicable sections of Subpart 14 for Food Service Establishments of the New York
State Sanitary Code.
2. This plan approval in no way relieves the applicant or his/her agent from the obligations or
requirements of other state, county or local agencies. `
Following review by the Tompkins County Health Department (TCHD), your project was determined to
be Type II SEQR, because construction is occurring in an existing structure. No further action is
required. Any deviation from the submitted plan will require another submittal application and fee. This
approval is valid until September 12, 2020. New plans must be submitted for approval if the project is
not completed by this date.
An application for a permit to operate is enclosed. Please complete the application and return it to the
TCHD with acceptable Workers' Compensation and Disability Insurance forms listed on the application
and the $375 permit fee. A Permit to Operate this facility will not be issued until the onsite water and
sewer systems have been approved. Once all operations are approved and a complete application is
received you can contact the Environmental Health Division at (607) 274-6688 to schedule a pre-
operational inspection. An operating permit will be issued following a satisfactory compliance inspection.
If your approved project is not completed within the calendar year, please call our office for current fee
information.
A Permit to Operate your facility must be obtained prior to opening. All other state and local agency
requirements must be met prior to opening.
Recommended for approv y: Date
Kristee Morgan, Senior Public Health Sanitarian
02.
�I±ic7 Cay 91 LIt�
Approval Issu-e-dd by:
C. Elizabeth Cameron, P.E., Director of Environmental Health Date
PC: CEO Town of Dryden
F:\EH\FOOD (SF)\FSE (SF)\Proposed FSE (SF-17)\APPROVED PLANS\RogueCreekCidery.docx
Inclusion Through Diversity
ENVIRONMENTAI
H�.1�LTH
"'EALTH DIVISION Effective )ani
1, 2018
55 Brown Road,
._-naca, NY 14850
-
Ph: (607) 274-6688; Fx: (607) 274-6695
Your Bum= for aHcdthyConumuiky` On-line Services - https://permits.tompkins-co.org/CitizenAccess/
FACILITY: to%XL
OWNER: fl"'A JI'lAo—o'
2018 OPERATING PERMIT, PLAN REVIEW, AND OTHER FEES
Agricultural Fairground Operating Permit
$360: '
Food Service Establishment Operating Permit
High Risk
$400:
Campground Operating Permit
Medium Risk
$37
$140 plus $2.25 per unit/site
Low Risk235:
$
Campground Plan Review
p9
$200:
Additional Mobile Unit
"""''
$g5 .
Food Service Establishment Plan Review
Children's Camp Operating Permit
$200:......
High & Medium Risk
$210:
Low Risk
$150;
Mass Gathering Operating Permit* (New Event Per da y)
'
$4,100:Push
Cart
$100:
Mass Gathering Operating Permit* (Existing Event)
$1,650:.........: '•
.........
(*Plus $80 per staff/hr for incident response, if needed)
Temporary Food Service Establishment - Simple Menu
Mass Gathering Plan Review (New Event)
$6,100:
1 Day Event
65:
Mass GatheringPlan Review (Existing Event
< g )
$2,250;
Multiple Events; Consecutive or Non-Consecutive Days
$100:
(up to 8 days in 120 days)
:
Mobile Home Park Operating Permit
Temporary Food Service Establishment - Complex Menu
$150 plus $3.50 per unit/lot........1
Day or Multiple Days; Single Event
$150:
Mobile Home Park Plan Review
Temporary Food Service Establishment - Late Application
$460 plus $30 per unit/lot
Received less than 2 weeks, more than 3 days before event
$25: i
Received 3 days or less before event
$50 <
Recreational Aquatic Facility Operating Permit
.....
Swimming Pool/Bathing Beach
$335::OTHER
;.....;
FEES
Slide and Wave Pool/SprayPark Other Aquatic Facility
/ q ty
$360:
Late Application/Water Fee (Maybe waived at TCHD discretion)
$50 """".
Recreational Aquatic Facility Plan Review
Duplicate Rabies Certificate (multiple certificatesperoccurrence)
$10: '•
Swimming Pool/Bathing Beach/Other Aquatic Facility
Waiver/Variance Request (Requiring Board of Health Action)
$75
Up to 5,000 square feet
$360:
:........:
Copies (Costperpage)
$0.25; ....
Slide and Wave Pool/Spray Park/Other Aquatic Facility
Electronic copies of oversized files (up to 10 pages)
.......r
$20 i
Over 5,000 square feet
$770:
Each additional 10 pages
$10: i
Sanitary Codes
$1.00; 2
Temporary Residence Operating Permit
Refund Request (within 6 months of receipt)
""""' i
$150 plus $3.50 per unit/site
Environmental Impact Statement Review
(Where Tompkins Countyis the lead Agency fee assessed as allowed by 6NYCRR 617.7)
Notes:
1. A check mark indicates the fee applies to your facility. Fees are additive for all operations.
2. Checks should be made payable to: Tompkins County Health Department,
3. There will be a $20 service charge on all returned checks.
4. Payment methods: check, cash, money order, or online w/credit card (Visa, MC, Discover).
TOTAL FEES -PAGE I
r.
TOTAL FEES - PAGE 2
TOTAL FEES DUE - PAGE 1 & 2 _ _ {`��i'? LrCl d Preparer/Date:
c• Su ort Staff
P Pp
F:IEMADMINISTRATION (ADM)1Program Administration (ADM-3)Tinancia1lFees (SG-37)1Final Fee ScheduleslExcelTee Schedules.x1sx2018 1 of 2
(/tastings-and-flights) at 11 am
Food Everyday (/food)
r
Local to the core.
All of the meat, dairy, produce and fruit is raised on FLX
farms, including our own Good Life Farm.
Food All The Time Lunch Menu
Cheese and Charcuterie (daily, 11 - 4
-16- pm)
Choose any four meats & Sandwiches and
cheeses, served with bread, Large Plates
seasonal pickles, house-
Cast Iron Grilled
made spreads, fruit.
Cheese -12 -
• Gouda- cow, semi hard
Gouda, sourdough.
• Cauyuga gold- goat, Served w a side salad.
semi -soft (v)
• Ginger Morning Glory-
Add Pesto and Apple
cow, soft
-1-
• Rose's Reserve- cow,
semi -hard Add Piggery Ham -2-
• Tomme- sheep, hard, Add Soup - 3 -
aged
• Bacon Onion Jam -
house -made Smoked Pulled Pork
• Beef Andouille- light Sandwich -16 -
smoke, mild Sourdough roll. Served
• Ginger Bacon Jerky- w a side salad.
house -made
Deli Sandwich -14 -
Bread, Butter, Pickle,
Jam - 6- (V, V+)
Farmer's Salad - 8 -
Seasonal mixed vegetables
(V, V+), cheese (DF on
request).
Add two hard boiled eggs - 3
Add house -smoked pulled
pork -5-
Creamy Tomato Soup -
4/7- (VI GF)
Griddled Cornbread
with Jalapeno Honey
Butter - 4 - (V)
Ham, Salami, Greens,
Mayo, Dijon,
Sourdough Roll. Served
w/ a side salad.
Mac & Cheese -10 -
Local pasta, gouda,
cheddar. (V)
Add house -smoked
pulled pork -5-
Sides and Sweet
Bites -4 to 6 -
Garlic Cumin
Black Beans (V,
V+, GF)
• Sauerkraut (V, V+,
GF)
• Sweet Potato
Hash (GF, V, V+,
DF)
• Oatmeal and
Cacao Cookie (V)
• Blue Cheese
Wedge. Honey,
Cacao Nibs, dried
'Goldrush' apple
rings. (V, GF)
chefCharcuter 00
Giant Pretzel tR
SOUP JsMt'j %vO IV,, '.'n VgCx) ....._...._.._.___.__.._.._....7.00
Fresh Salsa &
Riverhead Cider Sliders. . _..._._......I for 53.95
3 for $12.95
Chicken Bruschetta, 10.95
Roasted Vegetables .._........10.95
Artichoke - Spinach 1015
OfT UPDATES! f
Cranberry Chicken Salad cvrrj t,) a c,Csbgo
Waldorf Chicken Salad Cictt., rn, a efo r9 .......................8.95
Lobster Roll(sea;-ma}.......1503
Vaggle a Hummus Wrap ......... . . . . . ..........
Peanut Butter & Icily Sandwich __ ..... ........ __ --- ___ 05
Grilled Chicken, Avocado, Tomato - Field Greens Wrap 8 95
Fresh Turkey Avocado - Field Greens Wrap 95
Turkey Farmers Pinwheels
Veggle Site Pinwheels ..........,._......_.......695
AHC Club lrvrf.ay. Emoo 6 smss o
Ch1 - Chips __ ... ... ............
Giant Pretzel sz,,Ya - _......$
$95
Fresh Apple Cider Donut$ — ------
tt +V
Classic HOW York
5 WHIM CIRE11 &�Ao
Margarita 1295 "t '0 1 -
4 Bianco 04;Ria t"'
Chicken Bacon Ranch.. Turkey
�17
Ceasar AD,95
4
Fruit -
Apple Annie _J4_%
chicken Meatball Buffalo Style __14,95
Antipasta. . ......... . coffee
Mean Green I No P-E:o I E r
Monthly pizza special Tea
-h[fl Bottled Beverages
rV BottledWater
r LOng Island Brewed
Iced Tea
-FreshJuice
Chicken Parmesan_ Mac S Cheese. ...... ..,.._.,.:5.95
Meatball Parmesan,-". .9.95 Tenderslscressn,ea�aB�sr*zt„_v ,G95
Brie 6 Fig Grilled ,9'95 Peanut Butter *Jelly
Tomato 5 Morarella Grilled Cheese __9,95 Apple
Aged Cheddar & Ham Gritted Cheese _ 9,95
8/26/2019 Grisamore Farms, 749 Cowan Rd, Locke, NY (2019)
jj---- .............- lam,
re e dam/ i� Lh r K(:�-.
Address --- - -- - -
10/02/2018
Recipe contest!
This is our new favorite apple recipe! Tag us with your favorite recipe and we will pick a winner!
wv�
. 44 38
hr'. f 90
9.
?S yfq Road NY 39
Grisamore Faris ^
aR
NY 38
https://www.foodbevg.com/US/Locke/l 17418801650921 /Grisamore-Farms
11/14
a
Property Description Report For: 1582 Danby Rd,
'• Municipality of Danby
Total Acreage/Size. 1.35
Land Assessment:
2019 - $20,700
Second Story Area:
2018- $20,700
Full Market Value:
2019 - $80,000
Finished Basement:
2018- $155,000
Equalization Rate:
2019 - 100.00%
Overall Condition:
2018 - 100.00%
Deed Book:
2018
Grid East:
845871
Area
Living Area:
966 sq. ft.
Second Story Area:
0 sq. ft.
Additional Story Area:
0 sq. ft.
Finished Basement:
0 sq. ft.
Finished Rec Room
252 sq. ft.
Structure
Building Style:
Cape cod
Bedrooms:
3
Fireplaces:
2
Porch Type:
Porch-coverd
Basement Garage Cap:
0
Overall Condition:
Poor
Year Built:
1947
Owners
312 - Vac w/impry
David L Jordan
David Richter Jordan
Jordan, David & David
Jordan, David & David
Richter
Richter
292 East Miller Rd
292 East Miller Rd
Ithaca NY 14850
Ithaca NY 14850
Status:
Active
Roll Section:
Taxable
Swis:
502200
Tax Map ID #:
7.-1-11
Property Class:
312 - Vac w/impry
Site:
RES 1
In Ag. District:
No
Site Property Class:
312 - Vac w/impry
Zoning Code:
LD
Neighborhood Code:
22020
School District:
Ithaca
Total Assessment:
2019 - $80,000
2018 - $155,000
Property Desc:
Deed Page: 2760
Grid North: 863612
First Story Area: 496 sq. ft.
Half Story Area: 0 sq. ft.
3/4 Story Area: 342 sq. ft.
Number of Stories: 1.7
Finished Area Over 128 sq. ft.
Garage
Bathrooms (Full - Half): 2 - 0
Kitchens: 1
Basement Type: Full
Porch Area: 126.00
Attached Garage Cap: 0.00 sq. ft.
Overall Grade: Average
Sales
Property Value Arms Addl. Deed Book
Sale Date Price Class Sale Type Prior Owner Usable Length Parcels and Page
3/15/2018 $70,000 210-1 Land & Johnson, Yes No No 2018/2760
Family Building Ralph
Res
Utilities
Sewer Type:
Private
Utilities:
Electric
Fuel Type:
Oil
Improvements
Structure
Size
Porch-coverd
126.00 sq ft
Patio-concr
25 x 30
Land Types
Grade
Average
Good
Water Supply:
Heat Type:
Central Air:
Condition
Normal
Normal
Private
Hot wtr/stm
No
Year
1947
2018
Replacement Cost
$4,852
$0
Type Size
Primary 1.00 acres
Residual 0.35 acres
Special Districts for 2019
Description Units
Percent Type
Value
FD221-Danby fire 0
0%
0
SWRES-Solid waste 1
0%
0
fee res.
Special Districts for 2o18
Description Units
Percent Type
Value
FD221-Danby fire 0
0%
0
SWRES-Solid waste 1
0%
0
fee res.
Exemptions
Year Description Amount Exempt % Start Yr End Yr V Flag H Code Own
Taxes
Year Description Amount
* Taxes reflect exemptions, but may not include recent changes in
assessment.
COG
Property Description Report For: 1582 Danby Rd,
Municipality of Danby
No Photo Available
Total Acreage/Size:
1.35
Land Assessment:
2019 - $20,700
Additional Story Area:
2018 - $20,700
Full Market Value:
2019 - $155,000
Finished Rec Room
2018 - $155,000
Equalization Rate:
2019 - 100.00%
Year Built:
2018 - 100.00%
Deed Book:
2018
Grid East:
845871
1W.
Living Area:
966 sq. ft.
Second Story Area:
0 sq. ft.
Additional Story Area:
0 sq. ft.
Finished Basement:
0 sq. ft.
Finished Rec Room
252 sq. ft.
Structure
Building Style:
Cape cod
Bedrooms:
3
Fireplaces:
2
Porch Type:
Porch-coverd
Basement Garage Cap:
0
Overall Condition:
Poor
Year Built:
1947
Owners
Owner Information Not Available
Status:
Active
Roll Section:
Taxable
Swis:
502200
Tax Map ID #:
7.-1-11
Property Class:
312 - Vac w/impry
Site:
RES 1
In Ag. District:
No
Site Property Class:
312 - Vac w/impry
Zoning Code:
LD
Neighborhood Code:
22020
School District:
Ithaca
Total Assessment:
2019 - $155,000
2018 - $155,000
Property Desc:
Deed Page: 2760
Grid North: 863612
First Story Area: 496 sq. ft.
Half Story Area: 0 sq. ft.
3/4 Story Area: 342 sq. ft.
Number of Stories: 1.7
Finished Area Over 128 sq. ft.
Garage
Bathrooms (Full - Half): 2 -0
Kitchens: 1
Basement Type: Full
Porch Area: 126.00
Attached Garage Cap: 336.00 sq. ft.
Overall Grade: Average
Sales
Property
Value
Arms Addl.
Deed Book
r..� Sale Date Price Class
Sale Type
Prior Owner Usable
Length Parcels
and Page
3/15/2018 $70,000 210-1
Land &
Johnson, Yes
No No
2018/2760
Family
Building
Ralph
Res
Utilities
Sewer Type: Private
Water Supply:
Private
Utilities: Electric
Heat Type:
Hot wtr/stm
Fuel Type: Oil
Central Air:
No
Improvements
Structure Size
Grade
Condition
Year
Replacement Cost
Gar -1.0 att 14 x 24
Good
Good
1947
$20,879
Shed -machine 11 x 26
Economy
Normal
1947
$7,725
Pool-st/vnyl 16 x 32
Average
Normal
1947
$15,222
Porch-coverd 126.00 sq ft
Average
Normal
1947
$4,852
Land Types
Type Size
Primary 1.00 acres
Residual 0.35 acres
Special Districts for 2019
Description Units
Percent
Type
Value
FD221-Danby fire 0
0%
0
SWRES-Solid waste 1
0%
0
fee res.
Special Districts for 2018
Description Units
Percent Type
Value
FD221-Danby fire 0
0%
0
SWRES-Solid waste 1
0%
0
fee res.
Taxes
Year Description Amount
* Taxes reflect exemptions, but may not include recent changes in
assessment.
TOMPKINS
COUNTY
TN OF DAN BY -
1830 DANBY ROAD —W IV
ITHACA, NEW YORK 14850-9419
08/02/2019
TomPKINS COUNTY
(607)277-4788
Fax: (607) 277-0559
As the Zoning Officer of the Town of Danby, I have performed a great deal of research and fact
finding in respect of the proposed Rogue Creek tasting room. After many lengthy discussions,
looking into the Zoning Ordinance, the New York State Agriculture and Markets Law (AML), and
other research, I have come to the following conclusions:
1. Although the address in question, 1582 Danby Rd., does not fall within a County -designated
NYS Agricultural District, all the zoning districts allow agricultural use as of right, and all of
the Town of Danby enjoys a "Right to Farm" status due to a locally adopted law.
The intent of the local right to farm law is to essentially extend the zoning definitions of
agricultural uses in a manner that is more consistent with the AML's modernized definitions
of what is an agricultural use or practice within NYS. Thus, the town generally views its right
to farm and zoning Laws as complimentary, thus expanding the definition of customary
agricultural uses to have evolved contemporaneously with the State's definition of farming.
Yet, the Right to Farm Law is not a land use law, and must be read with the zoning
requirements of the Town.
Therefore, as long as the use is agricultural within the constraints and thresholds set
forth in the AML, and the buildings serving such uses conform to the building codes in
regard to use and occupancy classifications, this property may be used as a tasting room as
defined by, and within the scope of, such defined use as set forth in the AML, and
regulatory guidance thereunder issued by the NYS Department of Agriculture and Markets
(NYSDAM).
2. Once a use extends beyond and outside of the definitional scope of a tasting room, the
town's zoning ordinance will define what is, and what is not, an allowed use, and the scope
of any required review thereupon (i.e., special use permit review, site plan review, etc.).
Because the property at 1552 Danby Rd. is within the Low Density Residential zoning
district, the property is not permitted to be used -as an assembly space for live music, food
service, food production, large assembly events, or other activities which are not covered
underthe definition of an AML tasting room. In addition, any use must also comply with the
scope of the State Liquor Authority's (SLA) permit, any permit conditions, and the rules of
the SLA (and the Alcoholic Beverage Control Law) definitions of "Tasting Room".
77—
Thus, proposed uses or on-site business or related activities that fall outside of the
respective AML and SLA standards are indicators of commercial activity which are not
allowed uses in this zone, nor protected by the AML. Such uses, therefore, could not be
undertaken or conducted in the Low Density Residential zone, and would need to be sited
in a proper commercial zone. Alternately, the landowner has the right to seek a zoning
change or use variance, or the applicant may amend the scope of the proposed use as to fall
within the scope of a customary agricultural use, as defined and discussed above, or
perhaps within the scope of a specially permitted land use category.
3. Any proposed use requiring a building permit must have an occupancy classification made
under the International Building Code, regardless of any zoning use classification. Please be
aware that the occupancy classification of the structure for proposed uses within the
structure and the tasting room could still result in a practical situation where the physical
structure is no longer suitable for such uses), or would require engineering solutions which
might prove financially unviable.
4. It is my opinion that any tasting room should: (i) maintain only such activities and hours of
operation as are consistent with tasting rooms throughout this region of New York State; (ii)
that are within the scope an agricultural use tasting room under the Right to Farm law and
NYSDAM guidance; and (iii) should be designed to minimize adverse impacts to nearby
areas and residences, here mainly anticipated in respect to noise, traffic, and traffic access
and circulation (including pedestrians).
It is my understanding that Jordan Estates has previously indicated a willingness to
voluntarily submit to site plan review with the town Planning Board. This would be a
welcome process and such is deemed consistent with NYSDAM guidance and the purposes
of the Right to Farm law.
Alternately, to the extent that Jordan Estates seeks to determine whether any particular
proposed use or activity exceeds the scope of agricultural use as a tasting room consistent
with NYSDAM guidance and town zoning, applicant may: (i) seek BZA review of this opinion;
or (ii) provide more specific application materials fully delineating the use and seek a
supplemental zoning ruling. With this said, it is my opinion that the voluntary site plan
process would well serve either of such ends, as it would provide a vehicle to develop a
final scope to determine a final classification of the allowed and non -allowed uses, including
to determine whether any proposed use is sufficiently similar to an allowed agricultural use
such that it can trigger special permit review, a process which the planning board itself can
also assist with.
In conclusion, a traditional tasting room is deemed an allowed use, but only to the extent it
meets NYS guidelines and only has de minimus secondary uses relating to traditional
marketing and minor processing of farm products principally and, in some cases, 100%
grown upon applicant's farm. Thus, bistro or short-order restaurant services, catering
operations, events hosting, a live music venue with late night hours, and commercial food
production operations exceed these parameters and are non -allowed uses as currently f 1
proposed.
I
Again, it is hoped that further information gleaned through a voluntary review process can
lead to a mutual understanding of what is an allowed agricultural use in this zone, and thus
inform applicant as to what its options are to proceed, whether by applications to the BZA
or for a building permit.
t
John Norman
Code Officer
r Town of Danby
�t
Date: