HomeMy WebLinkAbout2022-07-19 Planning Board Minutes1
PLANNING BOARD MINUTES
Town of Danby Planning Board
Minutes of Regular Meeting
July 19, 2022
PRESENT:
Collen Cowan
Scott Davis
Kelly Maher
Jamie Vanucchi
Jody Scriber (Chair)
ABSENT:
Ed Bergman
Elana Maragni
OTHER ATTENDEES:
Town Planner David West
Town Board Liaison Leslie Connors (Town Board member)
Recording Secretary Alyssa de Villiers
Public Ted Crane, Toby Dean, David Gould (Sunbeam Candles), Hunter Grigg, Joann
Gruttadaurio, Katharine Hunter (Town Board member), Joel Gagnon (Town
Supervisor, Town Board member), Nathaniel Greenspun, Charles Muirhead,
Susan Perri, Ronda Roaring, Nadia Tuffaha
This meeting was conducted virtually on the Zoom platform.
The meeting was opened at 7:02 p.m.
(1) CALL TO ORDER/AGENDA REVIEW
There were no additions or deletions to the agenda.
(2) PRIVILEGE OF THE FLOOR
No comments were made during privilege of the floor.
(3) APPROVAL OF MINUTES
MOTION: Approve the June 21st minutes
Moved by Cowan, seconded by Maher
The motion passed.
In favor: Cowan, Maher, Vannuchi, Scriber
Absent: Davis
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PLANNING BOARD MINUTES
(4) TOWN BOARD LIAISON REPORT
Leslie Connors, the Town Board Liaison, reported the following:
• The Town Board approved the NYStretch Energy Code. This will have an impact on new buildings
and large renovations.
• Danny Wheeler will be cleaning the monument in front of Town Hall on August 1 st.
(5) DEVELOPMENT REVIEW
SUB-2022-04 129 Hornbrook Rd.
Parcel: 7.-1-97 and 10.-1-97.13
Applicant: Joe Petricola
Anticipated Board action(s) this month: Public Hearing, SEQR Determination, Consider
Preliminary and Final Approval.
Zone: Commercial C
SEQR Type: Unlisted
Proposal: Subdivision was previously approved by the Planning Board but was incorrectly filed
and the previous approval has expired.
Planner West pointed out that this plot is on the agenda twice: first for subdivision and then for site plan
review. He said that this parcel came before the Planning Board several years ago and went through a
substantial process to subdivide, move a lot line, and do a land swap with the Town, but the subdivision
plat did not get filed within the required year. The State Environmental Quality Review (SEQR) was done at
that time as well as a County 239 review; the plat has not changed.
Public Hearing
The public hearing was opened at 7:10 p.m.
No comments were made.
The public hearing was closed at 7:11 p.m.
SEQR
SEQR was completed at the time of previous approval.
Subdivision Approval
MOTION: Grant preliminary and final approval (Res. 11 of 2022)
Moved by Maher, seconded by Vanucchi
The motion passed.
In favor: Cowan, Davis, Maher, Vanucchi, Scriber
SPR-2022-05 127-129 Hornbrook Rd.
Parcel: 7.-1-97 and 10.-1-97.13
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PLANNING BOARD MINUTES
Applicant: David Gould, Sunbeam Candles
Anticipated Board action(s) this month: Public Hearing, Consider Preliminary and Final
Approval.
Zone: Commercial C
SEQR: Type II
Proposal: Site plan review for reuse of warehouse space. On June 22, 2022 the Town Board
passed a zoning amendment to allow limited light industrial use in the Commercial C zone with site
plan review.
Public Hearing
The public hearing was opened at 7:16 p.m.
Katharine Hunter said she heard a Danby resident saying how glad they were that there would be a
business in Danby, and she felt similarly.
Joel Gagnon agreed, saying he thought it was a terrific development.
The public hearing was closed at 7:17 p.m.
Site Plan Approval
Planner West said the site plan is to keep the parcel the same except for the addition of a concrete pad and
solar panels.
In response to a question from Board member Maher, West said that the Town Board zoning amendment
had added light industrial to the list of uses permitted in Commercial C as well as editing the definition of
industrial establishment. Maher also asked about waste disposal and if an existing pad was designated for
that. Mr. Gould of Sunbeam Candles said that right now there is not permanent waste disposal; generally
they do not have a lot of waste. The purpose of the pad is to get pallets back and forth between the two
buildings, one of which will be for supplies and one for manufacturing.
MOTION: Grant site plan approval (Res. 12 of 2022)
Moved by Davis, seconded by Maher
The motion passed.
In favor: Cowan, Davis, Maher, Vanucchi, Scriber
SPR-2022-06 552 West King Rd.
Parcel: 1.-1-2.1
Applicant: Hunter Grigg
Anticipated Board action(s) this month: Application Review, Public Hearing, Consider
Preliminary and Final Approval
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PLANNING BOARD MINUTES
Zone: Low Density Residential
SEQR: Type II
Proposal: Applicant would like to annex additional land and put up a second dwelling.
Planner West explained that the application is for the addition of dwelling, a use allowed by site plan review
in this zone. There are two annexations planned; annexations are approved administratively by the
Planner. He showed these: the applicant will purchase a square from the neighbors at 520 West King Rd.,
Susan Perri and Nathaniel Greenspun, and also do a small, triangular land swap with the neighbor at 560
West King Rd., Steve Selin. The approximate house location is planned to be behind the existing barn and
adjacent to a hedgerow separating it from the property to the north.
Board member Davis confirmed that no subdivisions have to happen to allow the lot adjustments. Chair
Scriber confirmed that the land swap does not have to do with the Planning Board.
Maher clarified that the second dwelling was permitted under “m” in Section 603-3 of the zoning code. She
asked if the applicants had an idea of scale and sizing for the house. Mr. Grigg said not yet, but it would be
a modest footprint and size.
Davis thought the house design should come back to the Board once the plan is more solidified; he did not
think this would be time consuming and would keep things from getting screwed up. Maher agreed and
noted they have been seeing more non-traditional massing of residences.
Susan Perri said she is the neighbor who would be selling the square of land. She asked about timing as
she would like to wrap up the transaction. She also asked the rationale behind the Town’s growth and
development policies that seem to be limiting homeowners plans for expansion and doing what they wish
with their property when those rules do not seem to apply to other adjacent properties, specifically South
Hill Cider, which she noted is now a campground and music venue.
Davis said he saw no concern for the land sale moving forward. West explained what
preliminary approval would mean if the Board granted that. Mr. Grigg said that after approval, he
would be ready to move forward with the transaction, although he wanted to know any footprint
limits the Board might have.
Chair Scriber thought Ms. Perri’s second question was not one they could address. West
added that generally agriculture and ag marketing activities are an allowed use. Davis suggested
Ms. Perri get on the agenda of either the Town Board or the Planning Board to express any
concerns and review the applicable zoning and conservation easement with Planner West.
Public Hearing
The public hearing was opened at 7:41 p.m.
Joel Gagnon confirmed that this action was adding a second dwelling on a lot with site plan approval in the
Low Density Residential zone.
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PLANNING BOARD MINUTES
Ted Crane, after noting that his comments were not specific to the applicant’s proposal, said that the Low
Density Residential used to be limited to one dwelling on two acres with special approval needed for a
second dwelling. He thought this region of West King Rd. was one of the most gerrymandered of Danby,
with so many lot line changes that the houses are getting packed in. Now two dwellings per two acres are
allowed in this zone, and that is not good for preserving rural character; it is going to be tight. Regarding
Ms. Perri’s comments about South Hill Cider, Mr. Crane thought it was a question of what is permitted in
the Town’s zones rather than giving different weight to different landowners.
The public hearing was closed at 7:46 p.m.
Site Plan Approval
There was discussion of whether to move forward with preliminary approval with a square footage limit or to
require the applicant to come back with a more detailed house plan. Numbers and preferences were
discussed. Board member Vanucchi said she wanted to see a site plan showing items like the driveway
location, road entry, and hedgerows as these are important aspects of the site plan. She felt what they had
been provided with was a preliminary sketch, but the use is only allowed with site plan review. Cowan
agreed that they usually get down to more specific details, and Davis agreed with both. Thus, it was
decided to make a condition specifying what the final site plan should show.
Board member Cowan asked if there were other neighbors who would be affected. Mr. Grigg said no as it is
Steve Selin’s field behind him, who he is doing the small triangular land swap with. Gagnon noted that any
land in Mr. Selin’s conservation easement cannot be subdivided. Nathaniel Greenspun said that, regarding
the effect on neighbors, they are the closest in proximity. He said there is a beautiful pine tree hedgerow
that would be directly north of the new dwelling. This blocks the line of sight to the new dwelling all year
round, the existing barn blocks the line of sight to the east, and directly south are thick woods.
MOTION: Grant preliminary site plan approval (Res. 13 of 2022)
Moved by Cowan, seconded by Vanucchi
The motion passed.
In favor: Cowan, Davis, Maher, Vanucchi, Scriber
SUB-2022-05 204 German Cross Rd.
Parcel: 4.-1-11.22
Applicant: Charles Muirhead
Anticipated Board action(s) this month: Application Review, Schedule Public Hearing, Declare
Lead Agency
Zone: Low Density Residential
SEQR: Unlisted
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PLANNING BOARD MINUTES
Proposal: The applicant has received an area variance for frontage and would now like to
subdivide.
Planner West said that this proposal went to the Board of Zoning Appeals (BZA) and was granted an area
variance for frontage. The BZA required the home not be in the “pole” portion of the flag lot. The proposed
lot is much larger than required but is deficient in frontage.
Davis asked about the acreage, and the applicant said that the current owner wants to retain two acres for
his single-family home and sell the remainder, which would be 18.3 acres.
Scriber noted it is a long driveway. Maher said she found the siting a little odd. She said she did not think
the house would be visible from the road.
Vannuchi said topography would be helpful to see, and West was able to show that. Mr. Muirhead said the
property has a gentle slope northward. The driveway would mostly be following a contour.
Maher asked about a letter from a neighbor to the BZA. West said the neighbor was concerned because a
previous variance had been denied. Some folks in the area had expressed issues with their water, including
this neighbor. West said the BZA had felt comfortable that the project was well under the Town’s threshold
for requiring a water withdrawal study. Mr. Muirhead added that the previous variance request that was
denied was for a different scenario—for three houses or units.
The Board agreed to hold the public hearing at the following meeting, August 16th, 2022.
MOTION: Declare the Planning Board lead agency for SEQR
Moved by Vanucchi, seconded by Maher
The motion passed.
In favor: Cowan, Davis, Maher, Vanucchi, Scriber
(6) PLANNER REPORT
Planner West reported the following:
• There are/will be two surveys in the community. One is by Hunt Engineers looking at ways to
support hamlet development in the hamlet centers where many lots are too small to support the
needed septic. They will be looking at the feasibility of a range of scenarios. The other survey is
seeking low-income homeowners with houses in need of substantial repair. The Town is applying
for funding from the Department of Housing and Urban Development (HUD) to have a program
that would help about ten homeowners. He said that any information goes to the Town’s
consultant in Cortland, and they only provide anonymized information to the Town. He asked
everyone to encourage folks to respond to these surveys.
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PLANNING BOARD MINUTES
• The Town Board is considering extending the Hamlet Neighborhood zone by one parcel on Bald
Hill Rd. The proposal has been altered slightly so now less would be added; this is to avoid
potential hamlet development on Bald Hill Rd. across from Jennings Pond.
• He would like to restart a conversation on rules for accessory buildings as short-term rentals.
• He is still working on forming the stormwater district for the Beardsley Lane subdivision, and the
Town is committed to wrapping that up by the end of the year.
• It is time to start talking about zoning for marijuana-focused businesses. Danby did not opt out of
having these businesses.
(7) ADJOURNMENT
The meeting was adjourned at 8:24 p.m.
___________________________________________
Alyssa de Villiers – Recording Secretary