HomeMy WebLinkAbout2021-03-01 Town Board Minutes, Special MeetingRoll Call :
Town of Danby Town Board
Special Meeting
Monday, 1 March 2021 at 7:00 PM
via Zoom Video Conferencing
Special Topic: 250 Marsh Road Subdivison
Meeting Minutes
Town Board
Town Attorney
Town Planner
Recording Secretary
Number of Public Attendees: 36
Joel Gagnon, Supervisor
Leslie Connors
Jim Holahan
Sarah Schnabel
Matt Ulinski
Guy Krogh
David West
Janice R. Adelman, Town Clerk
1. Call to Order by Supervisor Joel Gagnon at 19:06
2. Additions/deletions to the agenda
2.1. Two Danby Properties requested to be added to the Ag District
2.1.1. Rick Lazarus spoke on behalf of Margaret Corbit who could not attend regarding
her letter to Tompkins County objecting to the Howland Road property being
included in the Ag District.
2.1.2. Board will request a delay to submit comments so that residents and Board can
discuss in greater detail at the next Board meeting on Monday.
3. Privilege of the Floor
3.1. Ted Crane spoke in opposition to the Open Development Area and offered an alternative
solution to the road frontage problem.
3.2. Garry Huddle asked what the timeframe is for town hall to have regular business hours.
3.3. Katharine Hunter spoke of wanting to hear more from the attorney perspective, and will
be interested to hear what can be shared publicly after the closed session.
4. The Board held a public discussion on Open Development Areas before the closed session.
4.1. Planner West provided a history of the property including the zoning/subdivision issues
related to building on the property:
4.1.1. The parcel is just over 90 acres in low density residential zone; allows 1 parcel for
every 5 acres or every 200 feet of frontage which is the town's least dense zoning.
4.1.2. Thus, the by -right use is that residential 1- and 2-family homes are allowed on each
subdivided parcel that would be created.
4.1.3. In addition to zoning ordinance for frontage, there's also a New York State law 280-
A, requiring any parcel that receives a building permit to have access for emergency
vehicle access to a mapped town road, both an officially accepted road and suitably
improved.
4.2. There are two ways to work around these ordinances
Town of Danby Town Board Special Meeting 1 March 2021
4.2.1. If you have a town -mapped road that is smaller than normal, you can get a 280-A
variance from the requirement of having a certain level of improvement.
4.2.2. With complicated parcels, NYS allows for an open development area (ODA)
4.3. Open Development Area
4.3.1. An ODA offers a solution for a few different goals:
4.3.1.1. When a town wants to allow a small rural lane (i.e., a driveway) rather than
a typical town highway road system, an ODA allows the development of
parcels with access by driveway (not road frontage), affording the option of
access by easement.
4.3.1.2. When a parcel is landlocked; the landowner has the right to the economic
use of that parcel but can't develop it because there is no road access. An
ODA is something that the landowner can request and then the town would
consider allowing that parcel to be developed with access by easement across
another parcel.
4.3.2. An ODA is proposed by either the Town Board or by an applicant.
4.3.2.1. Once an ODA is proposed, the Town Board requests the Planning Board to
review the concept and set parameters.
4.3.2.2. It's the Planning Board's job to consider the feasibility and utility of an ODA
and return their findings to the Town Board
4.3.2.3. Once the Town Board receives the Planning Board's report, the Town Board
considers how to move forward.
4.4. Conservation Advisory Council (CAC) Chair, Clare Fewtrell, reported that the CAC shared
most residents' concern that the parcel was going to be subdivided and developed so they
were hoping there would be a conservation easement on the whole property before it is
subdivided; this would allow one house to be built on the subdivided parcel.
4.4.1. Additional comments from Fewtrell noted the unique natural area that the property
borders, including a stream at the southern end. The hope was that the stream and
nearby wooded areas would not be developed.
4.5. Road issues
4.5.1. The question of whether or not a road still exists up to Deputron Hollow running east
from Marsh Road.
4.5.1.1. Records indicate this road was officially abandoned by the town.
4.5.1.2. The southern portion of Marsh Road was also abandoned.
4.5.2. Town law requires road frontage for subdivisions with a minimum frontage for lots.
4.5.2.1. A cluster option in subdivisions would allow the Planning Board to waive
certain requirements around the amount of frontage.
4.5.2.2. NY State law still requires at least 15 feet of frontage per parcel for access to
comply with 280-A unless you are in an ODA.
4.5.2.3. To develop, the road that accesses the property must be suitably improved to
the extent that the Town deems the road safe enough for emergency vehicles to
use said road.
4.5.3. There is uncertainty around access on Marsh Road —whether the road had in the
past been maintained with winter access all the way to the corner. New York State
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Town of Danby Town Board Special Meeting 1 March 2021
law requires the town to maintain access to a dwelling; the town would be required
to keep that road open.
4.5.4. Uncertainty around the ongoing maintenance of a road that cuts through wetlands
area.
5. Motion to Move into Closed Session
Moved By: Ulinski Seconded By: Holahan
The Town Board moved to closed session with Attorney Guy Krogh with the following
individuals attending: David West (Town Planner), Steve Cortright (Town Code Enforcement),
Janice Adelman (Town Clerk), Bruce Richards (Planning Board), Clare Fewtrell (CAC Chair),
Elana Maragni (Planning Board)
Vote:
Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
6. Town Board and invited guests entered into closed Session at 20:16
7. Closed Session ended at 22:05
8. Adjourned at 22:06
Submitted by Janice R. Adelman
Town Clerk
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