HomeMy WebLinkAbout2023-07-18 Planning Board Minutes (Final)
Town of Danby Planning Board
Minutes of Regular Mee ng
July 18 2023
PRESENT:
Ed Bergman
Jacob Colbert
Colleen Cowan
Sco Davis (arrived at 7:10pm)
Kelly Maher
Jamie Vanucchi
Jodi Scriber
OTHER ATTENDEES:
Town Planner:David West
Recording Secretary:Cindy Katz
Public (in-person):Leslie Conners (Town Board member); Marcus A Williamee; Rachel Kissinger; Ruth
and Les Freeman; Shane Spencer; June Spencer; John Augus ne Jr; Nate
Greenspun; Zachary Larkins; Brandon Augus ne; Anthony Augus ne; Derek
Dougherty; Ariel Rulz; Peter Goodman; Robert Ferris; Kate ONeal; Jethro
Forbes
Public (virtual):Michael & Ginger Woodson; Ted Crane; Katharine Hunter (Board Member);
Guillermo Metz; Theresa Klinger; Aaron Ovios; Joel Gagnon (Town Supervisor);
Steve Edgar; Kevin Feeney; Patrice Pastor; Carol Bushberg; Toby Dean; Mauricio
Medina; Ronda Roaring; Eric Bandford
This mee ng was conducted in person with virtual access on the Zoom pla orm
The mee ng was opened at 7:03 PM.
(1) CALL TO ORDER/AGENDA REVIEW
There were no addi ons or dele ons to the agenda.
(2) PRIVILEGE OF THE FLOOR
Planner West clarified that there will be me before each specific project to speak, and that now is the
me for general speaking of up to 3 minutes.
Ted Crane commented that he was only able to see five people from the PB via Zoom.
(3) APPROVAL OF MINUTES
Approval of Minutes (May 2023)
Mo on: Approve the minutes from May 16 2023
Moved by Cowan, seconded by Colbert.
The Mo on passed.
In favor: Bergman, Colbert, Cowan, Davis, Maher, Vanucchi, Scriber
(4) TOWN BOARD LIAISON REPORT (VERBAL)
Town Board member Leslie Conners approached the microphone and reported on the following items:
●Reminded the community that the Farmer's Market will be on Friday at the Fire Pavilion
●The Town Board mee ng tomorrow July 19th will include three public hearings (CDBG grant,
proposed law to switch from elected Town Clerk to appointed, proposed tax abatement law for
conserva on easement proper es). There will also be two interviews of poten al Town Board
members.She thanked former Town Board member Steve Weissburg for his service.
●Five applica ons for a new Town Planner have been received and she wished to thank Planner
West for his service ge ng the town to a be er place now than when he started.
(5) DEVELOPMENT REVIEW
SPR-2023-1 520 W King Road Parcel: 1.-1-3.35 Applicant: Nathaniel Greenspun
An cipated Board ac on(s) this month: Public Hearing, applica on review, possible
preliminary or final approval
Zone: LDR SEQR Type: Type 2
Proposal: Applicant proposes an addi onal structure containing a home occupa on
(carpentry) and a second dwelling unit on the lot. Both are uses allowed by site plan review
in this zone.
The applicant approached the microphone. He explained their need for more space to
accommodate his growing business and his mother-in-law.
Public Hearing
The public hearing opened at 7:11pm
Helen Staler, who lives across the road from the applicant, approached the microphone and shared
her admira on of his skill and though ulness as a builder. She has no doubt the structure he builds
will be amazing.
The public hearing closed at 7:13pm
Board Discussion:
Planner West put the map up on the screen. He explained that both uses of the structure (as a
home occupa on and a second dwelling/MIL apartment) are allowed by use in this Low Density
Residen al zone. He clarified the lot lines which had changed at some point. He added that a
condi on to meet the set-backs may be added and clarified what those setbacks are.
Vanucchi asked about the loca on of the sep c and the applicant showed it. Vanucchi asked about
the required distance between well and the sep c and the applicant stated that the current
distance meets the requirements, and explained addi onal reasoning for the loca on of the sep c.
Planner West added that the health department will also be checking on the sep c/well set-up,
and that they will propose what is needed to the applicant. Davis asked clarifying ques ons about
the infrastructure which the applicant addressed.
No other ques ons were asked.
Planner West said this is a type 2 ac on so it does not require environmental review. They looked
at the decision document and added in condi ons requiring the well and sep c must conform to
the county health regula ons, and that new building must conform to town setbacks.
MOTION: To Pass Resolu on 6 of 2023 Gran ng Approval to the Proposed Site Plan with Stated
Condi ons.
Moved by Cowan, seconded by Colbert.
The mo on passed.
In favor: Bergman, Colbert, Cowan, Davis, Maher, Vanucchi, Scriber
SUB 2023-02 Nelson Road Parcel: 7.-1-40.32 Applicant: Brandon Augus ne
An cipated Board ac on(s) this month: Applica on review, Public Hearing, SEQR,
possible preliminary or final approval.
Zone: Rural 2 SEQR Type: Unlisted
Proposal: Applicant proposes a cluster subdivision crea ng one new house lot. Proposed
house would meet the required 300 buffer from exis ng adjacent homes.
The applicant approached the mic and explained he is proposing a two acre lot for a house he will
build at some point in the next few years.
Public Hearing opened at: 7:23pm
Patrice Pastor on Zoom spoke and asked to see exactly where the parcel is. Zoom crashed and
Planner West said yes, it was possible, but we would have to wait un l Zoom came back. She
wondered about the watershed/sep c and felt that previous newly built houses had resulted in
drainage onto her property, which caused her expenses. The Applicant sought to understand
where she was located. It was clarified she is on East Miller which the Applicant stated is a mile
away from him.
Ted Crane on Zoom spoke and commented that the map isn’t to scale and isn’t the full parcel. He
wondered why is this at the PB for a cluster and not at the BZA for a variance for smaller lot in a
10 acre /parcel zone. He referred to the parcel as a "flag." He wondered about these “clusters” and
if they can be an a empt to get around subdivision minimums.
Carol Bushberg on Zoom agreed with what Crane said, and as a real estate agent she would not
encourage anyone to try to build a house on a two acre lot in the Rural 2 zone. She encourages
the PB to reject the applica on.
The Public Hearing closed at 7:31pm
Board Discussion:
West clarified that a survey was not yet submi ed so the board cannot give more than preliminary
approval. The PB also clarified that there are two applica ons from people with the last name
Augus ne today but they are for different parcels.
The owner of the land, who lives on 340 West Miller, clarified where his house is, that it is a
separate parcel from the parcel discussed, but that it connects to the parcel in discussion. He
disputed that it is a flag parcel, as claimed by Crane earlier and showed where the frontage is, and
answered where the road access poten ally would be. The PB asked why not subdivide the parcel
into a larger 10 acre plot and he answered because the applicant is a "kid" and doesn't want to pay
the taxes. Vanucchi asked what the le over land would be used for and the answer is hun ng.
The PB asked why this is a cluster subdivision. Planner West explained how it fits the criteria of a
cluster because the parent lot is greater than 5 acres and the end density is no higher than would
be allowed without cluster (in this case, 3 lots, but they are only proposing 2). He added that the
town has used this provision many mes before his me. He can't say if it meets the spirit of the
law, but it does meet the requirements. The TB has not at this me removed that provision or
changed the zoning to not allow it.
Planner West said the next step is for the Applicant to get a survey and if they don't put on any
condi ons when he comes back, the PB will be required to approve it. Davis asked if a parent lot
can serve as a parent lot again? Planner West clarified they could subdivide the remaining parcel
in half or create a cluster again, but only for 2 lots. They wondered about the stream and if
another lot could be fit in with access. They clarified that there isn’t a road frontage requirement in
this zone. The 300 feet buffer is required for houses, and the Applicant is comfortable with that.
Cowan asked for clarifica on about the number of lots remaining and they discussed where
another house could be built in regards to the stream.
They discussed the neighbor to the north who sent a le er reques ng the border between the
proper es be treated "sympathe cally" with perhaps a larger buffer in case they wanted to create
another lot in that area in the future.
SEQR
They reviewed SEQR Part I provided by the applicant. Planner West repeated that the home will
need to reach the Stretch Energy Code which is more stringent that NYS energy code. The form
looked in order.
They went through the 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 ques ons. They noted some
clearing would be required but that it was small. Bergman wondered if there are any wetlands.
West said nothing came up in the state review but he checked in the county and nothing showed
up through any of the levels of government.
Planner West filled in the document.
Mo on: To Pass Resolu on 7 of 2023 that the proposed ac on will not result in any significant
adverse environmental impacts.
Moved by Cowan, seconded by Scriber.
The mo on passed.
In favor: Bergman, Colbert, Cowan, Davis, Maher, Vanucchi, Scriber
West encouraged them to give feedback to the applicant for them when they come back for final
approval. Davis wondered about addi onal subdivision and Planner West clarified that only 2 more
lots could be subdivided out from the le over 30 acres. They added one addi onal subdivision
was permi ed as a condi on. Davis suggested they discuss the buffer and the Applicant
approached the mic. He wondered why someone with 160 acres of land needed a buffer,
expressing that it seemed a bit ridiculous to him. The Applicant and the PB discussed op ons and
the applicant explained that they plan to disturb as li le as possible of the trees. The Applicant
agreed that not clearing within ten feet of the lot line was OK.
They discussed the stream buffer and access to the remaining lot. They requested as a condi on
that the final pla show reasonable access to that lot without going into the stream's buffer.
Scriber wondered if they should address Zoom ques ons. The PB did not feel they had me and
that the people had their chance during the public hearing.
MOTION: To Pass Resolu on 8 of 2023 Gran ng Preliminary Approval to the Proposed
Subdivision with stated three condi ons.
Moved by Colbert, seconded by Vanucchi
The mo on passed.
In favor: Bergman, Colbert, Cowan, Davis, Maher, Vanucchi, Scriber
SUP 2023-01 2288 Danby Road Parcel: 20.-1-1.6 Applicant: Solar Power Network LLC
An cipated Board ac on(s) this month: Sketch Plan Review, Informal public feedback,
possibly schedule public hearing, feedback to applicant on addi onal info needed for
SEQR.
Zone: Rural 1 SEQR Type: Type 1
Proposal: Applicant proposes major subdivision (4 lots) for mul ple adjacent community
solar projects totaling about 20MW.
Applicant Aaron Ovios was on Zoom as representa ve of Solar Power Network LLC. He explained
the company is looking to reconfigure the property to build 5 new lots, each for a community
solar array. Planner West addressed the in-person audience, asking them to please keep it down
and also asked Mr Ovios to please speaker slower. He explained that NYSERDA restricts the
amount of solar that can be produced per lot, so that is why you need mul ple parcels in order to
get to a total of 17 MW of power. He said that the company is looking for input from the board
and the community before they come back with a full applica on. He added a few details about
the project; namely, that they are trying to use open agricultural field and minimize any clearances
as much as possible within NYS guidelines that require topsoil preserva on. They intend to have
minimum impacts with steel piles as well as trackers that follow the sun. He stated that they are
open to working with the community to find mutually agreeable solu ons to any concerns.
Planner West explained this is not a formal public hearing. Maher clarified the loca on. The PB
asked if they wanted to discuss among themselves first or if they wanted to hear from the public
first. Planner West said this is a very early sketch and that everyone involved wanted to hear the
public thoughts.
Board Member Leslie Conners asked if this company has any other solar farms in NYS. Mr Ovios
explained the company is Toronto based and they have six fully approved farms and a few others
in the process although none are currently up and ac ve. They also have others in Canada, Asia
and Europe.
Marcus Williamee from the Rights Haven Farms spoke and said the solar plan would be en rely
behind his property, and that the sketch showed the farm going straight through his barn where he
works out. He supports green energy and solar but is upset by theses sketches apparent disregard
for people's proper es and lives. It feels very unfriendly and unneighborly.
Rachel Kissinger at 2350 Danby Road with Marcus Williamee spoke and explained her
professional experience, which includes Code Enforcement among other related fields. She had a
prepared Powerpoint procedure that she put up on the screen. She seconded his concerns about
proximity to the house. She said these sketches, if they happened on the ground, would impact her
mental health, the character of the area. She ques oned why this would be allowed since if we
were discussing development, only one house could be built on ten acres. She brought up other
concerns including water run-offs, and poles on or near people's property. She encouraged the
company to try harder in their next round.
Kissinger sat down because she surpassed her three minutes, but the PB invited her to return to
finish her presenta on. She con nued to express concerns, including how the solar farm would be
maintained.
Derek Doughtery, also a resident on Danby Road spoke. He also expressed concern about the
sketch -- poin ng out that the (loud) transformer is 100 feet away from his bedroom, and that this
sketch shows a fence going straight through a cemetery behind his house. He also wondered
about the capacity of the lines in that area, since the NYSEG map shows just phase two but phase
three will be needed to connect to the grid. He also said that he supports solar, has solar panels on
his house, but there has been no care in this plan.
Planner West clarified that part of the applicant's process will be to apply to NYSEG for a “seat on
the train” to plug into the grid. West asked Ovios if they have started that process and he said they
working on it and hopefully will have more info on what is needed at the next mee ng they are
present at.
Kate O'Neal of 2275 Danby Road spoke and explained her property is under a NYS conserva on
easement which she believes would be barrier in regards to any run-off, for example, that might go
on the property. She has no confidence in this company and is dubious of any process that may
have approved them. She is also concerned about NYSEG using imminent domain, which they have
the right to do. She said maybe HALF of what they are proposing would be OK, but this proposal
impacts peoples' lives too much.
Bob Ferris loves those hills and does not want to look at solar panels like that and neither do
others
Wes Friedman was mad when he saw the proposal but everyone has already said what he was
thinking.
Ariel Ruiz at 2225 Danby Road lives with Derek Dougherty is concerned about proximity to 96B,
She explained how she reviewed the math of how many homes can be powered by how many
megawa s of power, and concluded that it seemed to her that the Norbut Solar Project should
generate more than enough of the energy needed by Danby. She was also curious if more detailed
documents were available, as the Norbut Solar Farm included many but she could not find any
here.
Peter Goodman has lived for 40 years in Danby and spoke as a representa ve of the Danby
Volunteer Fire Department. The Fire Department expressed ques ons about safety, educa on,
access, availability to help, and differences between different models and opera ons, all of which
need to be addressed.
Jethro Forbes explained he is here also in his professional capacity with the Danby Fire
Department. He stated that the Fire Department had sent a le er, expressing concerns about
safety, access to homes, and responses to different types of fires (commercial vs residen al), as
well as the major concern regarding the forest to the south of the property. He explained that the
fire department would ask the company to provide funds to help educa on the fire department on
working with the project. He added that water access is also a struggle in these areas and that the
fire department suggested a few ways that water could be provided.
The Board moved to hear comments from people on Zoom.
MP person (full name unknown) wondered if this project is tax deferred and if so, the Town would
be losing 125 acres of taxable property. Does this mean the community has to pay more taxes to
make up for those lost taxes? Planner West clarified they were not near a tax deferment, and it is
not clear if such a thing would happen, he thinks the revenue would increase. They also sough to
clarify that the farm would be five parcels in total.
Michael and Ginger Woodsen live across from Kate on Van De Bogart. He supports people doing
what they want on their own property so long as it doesn't impact their neighbors, but he believes
this project could impact his land and other land around him in various ways. He supports solar
and wind but is concerned about this current sketch
Ted Crane said he hopes he can have five minutes like Rachel did. He and other people he knows
like how solar arrays look. He wondered if the wires be buried under the ground? That front lot
isn’t giving much power,and is very close- can it be removed from the plan? Can a visual barrier be
added? Maybe it would decrease the taxes, and he thinks someone should run the numbers. He
con nued to speak past 3 minutes and was muted.
Derek Dougherty asked why NYS law requires them to subdivide into five acres parcels. Planner
West replied that NYS gives different treatment to “community solar” which must be five
megawa s or less So, in order to be considered "community solar" they divide into different
parcels all five MW or less.
No more members of the public wanted to speak.
Board discussion:
Planner West encouraged the Board to consider what guidance they could provide to the
applicants, and what things they would want to see going forward.
Bergman said the applicants need a be er map, that incorporates feedback from the neighbors
and considers what is actually there on the ground. Maher agreed and suggested to maybe remove
that front lot that is closest to neighbors and 96B. She also men oned other considera ons that
need to be incorporated, including buffering for the mobile home park, considera ons of water
ways, and the cemetery.
Bergman would like to see the incorpora on of natural buffering (trees etc). Planner West
commented on how natural hedgerows have been kept, but they will need details on where
clearing will occur.
Cowan commented on how this proposal is right on top of neighbors land, poin ng out how that
differs from Norbut [another solar array in Danby] where you could not see a neighbor's house. .
Scriber commented on how it is important to not bother the cemetery, and Davis said he would
like to see a representa ve from the company here in person, considering the cost of this project.
They wondered if the applicant had walked the land in person and the applicant replied that the
owners of the company had visited and that as the process con nues more site visits will happen.
Davis added they had a very helpful tour of the Norbut farm and he would like that here. Planner
West clarified what that sort of tour would look like, what the no fica on and requirements would
be for no ce. The applicant agreed that it sounds like a good idea and something they could look
into. Maher also added that they must take into considera on the concerns and comments
brought by the Fire Department.
The applicant thanked everyone, said he understood the concerns and that they look forward to
considering them and ge ng something more detailed submi ed.
Many members of the public, present for the solar discussion, le the mee ng room.
SUB 2023-03 548 Troy Road Parcel: 4.-1-41 Applicant: John Augus ne
An cipated Board ac on(s) this month: Sketch review
Zone: Rural 2 SEQR Type: Unlisted
Proposal: Applicant proposes a cluster subdivision crea ng one 6.5acre lot around exis ng
house to sell while retaining remaining land 35.6 acres. This subdivision previously
received a variance for frontage and was approved by the Planning Board under the old
zoning with Sue Beeners. Unfortunately it was not correctly filed with the county and
became void a er 1 year.
Planner West clarified that this is just a sketch review.
Applicant Augus ne explained to the Board that he received a variance many years ago but was
given some bad informa on and he now has to return to do it again. He would like to take care of
this and have it all submi ed in order to secure everything is set for his wife and children in the
future.
Planner West clarified this happened under the old zoning, he had received a variance which he
was told would last forever. However, this isn't actually what the law says. With the new zoning,
he no longer needs a variance for the frontage. What he is proposing is a cluster subdivid for two
lots, though he could propose up to four lots. This is an opportunity to let the applicant know if he
needs to do anything else. If not, they can go ahead and schedule a Public Hearing as is required.
The Planning Board asked if there have been any improvements (changes) since this map from
1996. The applicant answered there have not. Planner West then clarified to the applicant that he
needs to return because a Public Hearing is required and there was not enough me to schedule
one for this mee ng. The Planning Board expressed no concerns and offered to make sure that he
is higher in the agenda when he returns.
[6] PLANNER REPORT
Planner West informed the Planning Board that he had accepted a job to be the Director of Planning at the
City of Genecva. He will be with the Town of Danby for another 1.5 weeks. The Town Board will hopefully
be approving tomorrow an offer given to a candidate to become the next planner in Danby. He hopes this
person will be present at the next Planning Board mee ng. He is leaving behind a memo with cuirrent
statuses on all the on-going projects The Planning Board expressed hope that the new person would be
able to lead them during mee ngs well and also help with technical support.
Planner West provided a summary of on-going projects:
1. They are near the end of the Hamlet sep c study. They expect to have a dra soon with several sets of
ideas in various size configura ons on how ameni es might be provided to the center of the Hamlet. They
have heard about some very innova ve projects and are seeking to get more details on how those projects
played out on the ground.
2. The homeowner housing rehabilita on project is bringing its first ve ed project to the agenda of the
Town Board mee ng tomorrow. There are currently 19 applica ons, represen ng more than we have
available slots. The Town wants to get more than we have available though as that raises the chances of
receiving more funds in the future. We are also hoping to receive funds for an application for multifamily
homes where the tenants are low-income households. Hopefully this grant application will be done
before David leaves
3.The Town Board is working on STR legisla on. The commi ee is looking for something very simple that
addresses the difference between "tourist homes" where the owner lives, and full rentals. Currently 6the
burden is higher on tourist homes than on full rentals, and that should be flipped. The TB is looking to
have STR be registered with the Town. Tents, yurts and other accessory structures would be allowed on
most parcels. The feedback from the survey was to come with a light touch.
4. Planner West men oned possible updates around route 34 and the West Danby Hamlet. He is going to
suggest more flexibility for new houses being built there.
5. Hopefully people saw the article in Tompkins Weekly on three new businesses potentially starting in
Danby. He's excited about that and hopes the PB will help keep that momentum.
Bergman asked why this job burns through so many people? Planner West assured him that he really
enjoyed the job, was proud of what he accomplished, but he is looking forward to working with a city
where he can focus on some of his big areas of interest such as walkability, bicycle considerations, and
other urban issues that he focused on during his education.
Scriber commented that she felt like they made meaningful progress during this time and she hopes the
institutional knowledge will travel to the new person.
[7] ADJOURNMENT
Meeting adjourned 9:27pm.