HomeMy WebLinkAbout2022-09-20 Planning Board Minutes1
PLANNING BOARD DRAFT MINUTES
Town of Danby Planning Board
Minutes of Regular Meeting
September 20, 2022
DRAFT
PRESENT:
Ed Bergman
Collen Cowan
Scott Davis
Kelly Maher
Jody Scriber (Chair)
ABSENT:
Jamie Vanucchi
Elana Maragni (resigned from the Planning Board)
OTHER ATTENDEES:
Town Planner David West
Recording Secretary Alyssa de Villiers
Public (in person) Amy Arsenault, George Arsenault, Pamela Arsenault, Heather Donnelly, Lavante
House
Public (virtual) Leslie Connors (Town Board member), Ted Crane, Jim Holahan (Town Board
member), Katharine Hunter (Town Board member), Joel Gagnon (Town
Supervisor and Town Board member), Joann Gruttadaurio, Wilma Lawrence, Lori
Maratea, Mr. Maratea, Charles Muirhead, Hugh Muirhead, Ms. Muirhead, Ronda
Roaring, Jacob Rosewater
This meeting was conducted in person with virtual access 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
Ronda Roaring asked why White Hawk Ecovillage had a building going up that is not going through the
Planning Board. Regarding Norbut Solar’s proposal to relocate existing trees on the property to use as
screening, Ms. Roaring said that both blue spruce and Norway spruce are non-native species and can be
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invasive. She read from Canada Broadcasting Company’s article , “This invasive species makes a great
Christmas tree, and you can get one for free” about blue spruces, and she referenced skaak.org for
information about the invasiveness of Norway spruce. She said the Town should not allow invasive species
in the solar area.
(3) APPROVAL OF MINUTES
MOTION: Approve the August 16th minutes
Moved by Maher, seconded by Davis
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Scriber
(4) TOWN BOARD LIAISON REPORT
As Leslie Connors, Town Board Liaison, was not yet present, Town Board member Katharine Hunter
shared the following information:
• On behalf of the Town Board, she thanked Elana Maragni for her service on the Planning Board.
• The Town Board meeting tomorrow will open with a public hearing on the Bald Hill Rd. hamlet
neighborhood expansion.
• Joel Gagnon added that the Town Board passed a resolution of appreciation for Amy Cusimano.
(5) DEVELOPMENT REVIEW
SUB-2022-05 204 German Cross Rd.
Parcel: 4.-1-11.22
Applicant: Charles Muirhead
Anticipated Board action(s) this month: Public Hearing, SEQR, Approve or Deny Preliminary
and/or Final Plat
Zone: Low Density Residential
SEQR: Unlisted
Proposal: The applicant has received an area variance for frontage and would now like to
subdivide.
New Documents: Final Plat
Planner West explained that this application for subdivision had already gone through a variance
procedure, and a variance was granted for frontage deficiency. He noted that there is much more acreage
than required for the Low Density Residential zone , which was part of the Board of Zoning Appeals’
decision to allow the subdivision. He showed the applicant’s proposed house location.
Public Hearing
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The public hearing was opened at 7:13 p.m.
Joann Gruttadaurio, a neighbor on German Cross Rd., said she was impressed with the thoroughness of
the review and environmental information provided. She felt it was a positive thing for their neighborhood.
Ronda Roaring said there have been a number of requests for non -conforming parcels, and the Town is
getting into flag lots. She felt this had not been permitted in the past and that the idea of the rezoning
included encouraging not building long driveways. She thought this was something unwanted and not good
for the Town; applicants getting this kind of building approved by the Town should give something in return,
like agreeing not to build any other houses on the parcel and putting a conservation easement in place.
Planner West noted that it would be illegal for a town to suggest a quid pro quo in exchange for
approvals.
Lori Maratea wondered what Ms. Roaring meant by giving back something else. She said that when they
bought the 23-acre property, they were told they could have four five-acre parcels and each parcel could
have a duplex. She said that one of the first things the Planning Board might consider is stopping the
allowance of duplexes on every parcel of land, which would cut down on density and encourage families
over college rentals.
The public hearing was closed at 7:22 p.m.
Board Discussion
Board member Davis asked about the lot sizes allowed in the zone, and Planner West said that the
average density is five-acre density, so the back lot could be further subdivided if a road was put in to
obtain the frontage. Davis added for the record that he did not regard this as a flag lot.
SEQR
In response to a question from Board member Bergman, Planner West clarified that for SEQR they were
considering the house as well as the subdivision of the land. Planner West read aloud Part II of the Short
Environmental Assessment Form (SEAF), and it was agreed that the answer was “no or small impact may
occur” to all questions.
MOTION: The proposed action will not result in any significant adverse environmental impacts.
Moved by Bergman, seconded by Maher
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Scriber
Approval
To mitigate the potential impact of the development, the Board decided to place a condition that additional
outdoor lighting be dark-sky compliant, as suggested by Bergman.
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MOTION: Approve preliminary and final plat with the stated condition (Res. 15 of 2022)
Moved by Bergman, seconded by Cowan
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Scriber
SUB-2022-06 1496 Coddington Rd.
Parcel: 6.-1-11.322
Applicant: George Aresnault
Anticipated Board action(s) this month: Application Review, Schedule (with option to hold)
Public Hearing, Declare Lead Agency, Option to do SEQR Determination, Consider Preliminary
and Final Approval
Zone: Rural 1
SEQR: Unlisted
Proposal: The applicant would like to subdivide off a 10-acre parcel with 15' of road frontage from
their 72.9-acre parcel. The lot currently has 225' of frontage.
Planner West showed the parcel in question on the map and the rough location of the proposed
subdivision. The parcel owner would like to subdivide the land and sell to his grandson. The grandson
would extend the current driveway on the parcel, which goes to his mother’s house, to create access to his
proposed home site. West said that the lines have been drawn to meet the 10-acre requirement of the
zone. The parcel is in the Rural 1 zone, although nearby parcels along the road are in Low Density
Residential. Rural 1 has no frontage requirement, and the applicant is only proposing 15’ of frontage. This
does meet NY State’s requirements. He said that there is a hill and an existing hedgerow that the proposed
home would be behind. West said that the application requires subdivision and site plan review. The
applicant was hoping the Board would be comfortable moving quickly, so he advertised a public hearing,
but the Board should consider if they have everything they need for both actions. The Board could go as far
as approving a preliminary plat but will need a survey for the final subdivision plat.
Applicant’s Description
Lavante House, the grandson of the applicant, showed where he would like to put the house and explained
his plans and timeline.
Board Discussion
In response to questions from Davis, the Arsenaults said that the total acreage of the existing parcel is
72.95 acres and they plan to subdivide ten acres of land. Board member Maher confirmed that there is no
existing structure on the part to be subdivided. She also asked if there was clearance between the stream
and the next property to the south, which there was. Bergman asked if something in writing regarding the
driveway access was needed, and West said that a shared maintenance agreement is something the
Board could require as a condition of approval. One of the Arsenault family said that, in talking with Planner
West, a shared driveway was in his planning book, and that is why they switched to it. Board member
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Cowan said that it has less environmental impact and less cost. Davis asked if the remaining land could be
subdivided into ten-acre parcels, which it could. He described the idea of clustering houses to the applicant
so they would know it is an available option.
Public Hearing
Bergman said he felt comfortable doing a public hearing, and no one objected.
The public hearing was opened at 7:58 p.m.
Ronda Roaring asked what the percent slope is and asked how the applicants would be addressing that in
terms of the driveway washing out.
Ted Crane thought this definitely would be considered a flag lot. He pointed out that this sort of thing is
permitted under the recently revised zoning and asked what the worst-case scenario for the future is for the
parcel. He wondered about choosing a shape to either facilitate or prevent future subdi visions.
The public hearing was closed at 8:01 p.m.
Mr. House said he did not want to pave the driveway. The driveway in existence has been working fine;
they are familiar with managing it for stormwater runoff. The added driveway will be less sloped than the
existing one, and where they want to put the house is not sloped very much. In terms of future subdivisions,
the family said they did not currently plan to subdivide further.
Davis requested to see the whole ~70 acres with the 10 acres delineated on a map for next meeting. The
applicant will come back with a survey for the following meeting.
SEQR
MOTION: Declare the Planning Board lead agency
Moved by Cowan, seconded by Bergman
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Scriber
SPR-2022-08 1496 Coddington Rd.
Parcel: 6.-1-11.322
Applicant: George Aresnault
Anticipated Board action(s) this month: Application Review, Schedule (with option to hold)
Public Hearing, Consider Preliminary and Final Approval
Zone: Rural 1
SEQR: Type II
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Proposal: Applicant would like to build a house. In the Rural 1 zone, site plan review is required for
this action under Section 601.
West said the house is up slope and behind an existing line of shrubs, which the Board might want to see
on the site plan. He asked if the Board would like to see additional screening and noted that the site did not
seem close to neighbors’ views. There is an indication of the driveway on the site plan , and West asked the
Board if that would be enough. He said the Town has stated that it prefers shared driveways.
Maher said she would like to see an approximate location of where the septic system will be. The Board
discussed a shared driveway agreement, and they decided they did not need to see one.
PUD-2021-01 Norbut Solar Farm
Parcel: 10.-1-21.122
Applicant: Passero Associates
Anticipated Board action(s) this month: Consider Amending Site Plan Condition
Proposal: In Planning Board Resolution 10 of 2022, Condition 1 states that Norbut Solar team will
work with a subcommittee of the Planning Board on screening plans after panels are built. The
applicant would like to transplant some of the existing trees on the property now instead (see
screening plan).
Planner West read the condition the Board had placed on Norbut Solar earlier in the year, as stated in the
agenda. Since then, the applicant designated 20 acres of habitat area, resulting in most of the areas that
had requiring screening no longer having panels on them. He said the applicant has now submitted an
email request that the Board consider whether they could move existing trees on site now rather than
planting new ones when the project is complete. The tradeoff is that the applicant has requested that their
proposed screening plan replace the adopted plan and the requirement to work with the Planning Board
after the panels are built. He showed on a map where there is existing vegetation, where there is a stream
corridor with preserved vegetation, and where the applicant would like to place the trees. He noted that the
staging area for the project will still not be screened by this plan. West added that if there are glare issues,
the Board has up to a year after panels are installed to address that separately.
Maher said her gut reaction was, “Please stick with the original plan.” Davis thought some trees that you
would plant could be larger than those being moved within a few years and he was not sure what the
success rate for transplanting would be. On the other hand, Scriber thought anything the applicant puts in
would be very small, so it would take a long time to act as a screen. Bergman thought it could be okay as
long as the neighbors are screened, but the Board needs to maintain some final say.
The original proposed screening was reviewed. It was noted that now that the panel locations have moved,
and the panels will now be much better screened by existing vegetation. Davis felt that the applicants were
asking to only do screening to the north, rather than the north and south. He thought that would be fine
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now, but he did not see the point in trying to dig up existing trees. The Board’s overall feeling was that if
they want to move the trees, fine, as long as the site is well-screened in the end. But they were not
comfortable giving up the ability to review the screening after the solar panels are in place.
MOTION: The Board is presenting two options: (1) keep the proposed screening plan as is or (2) the Board
will let the applicant move 13 trees rather than the 25 originally proposed and reserve half of the screening
budget in option one to be implemented at the end of the project if more screening is needed . The
landscaping notes on the original landscaping plan would continue to be in place. This also would not have
any impact on the screening for the point of interconnect. (Res. 16 of 2022)
Moved by Bergman, seconded by Davis
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Scriber
(6) PLANNER REPORT
Planner West reported the following:
• He processed two annexations/lot line adjustments at 552 King Rd.
• The Town Board is still considering expanding the Hamlet Neighborhood zone one parcel further
down Bald Hill Rd. That will be before the Town Board tomorrow.
• The Town, along with most other municipalities in Tompkins County, has submitted a grant for Safe
Streets for All, a road-safety project.
• The Town submitted a $500,000 grant for low-income homeowner home renovations.
• He is hoping to get support from the Town Board to apply for a County grant to get a grant-writing
consultant, which would be used to help win grants for the hamlet.
(8) ADJOURNMENT
The meeting was adjourned at 9:07 p.m.
___________________________________________
Alyssa de Villiers – Recording Secretary
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