HomeMy WebLinkAbout2024-03-19 Planning Board Minutes
Town of Danby Planning Board
Minutes of Regular Mee ng
March 19, 2024
PRESENT:
Ed Bergman
Colleen Cowan
Sco Davis
Jodi Scriber
Jamie Vanucchi
Kelly Maher (chair)
ABSENT:
Jacob Colbert
OTHER ATTENDEES
Town Planner Greg Hutnik
Recording Secretary Cindy Katz
Public (in-person)Leslie Connors (Town Board member)
Public (virtual)Ted Crane; Ronda Roaring; Joel Gagnon (Town Supervisor);
Katharine Hunter (Town Board member)
This mee ng was conducted in person with virtual access on the Zoom pla orm.
(1) CALL TO ORDER/AGENDA REVIEW
The mee ng was called to order at 7:01 p.m.
Sco Davis had requested an addi onal review of the SEQR and subdivisin process to be
added at the end of the mee ng. The addi on was accepted.
(2) PRIVILEGE OF THE FLOOR
Ted Crane requested the camera at Town Hall be moved slightly so that Planning Board
Mary Ann Barr 2021
The Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Planning Board Minutes
Tuesday 19 March 2024 at 7:00PM
member Davis could be visible over Zoom. He also asked if the folks using the "town
hall" account on Zoom could iden fy themselves. They were iden fied as Greg Hutnik,
the planner, and Cindy Katz, the Planning Secretary, both present in-person but also
signed into the Zoom.
(3) APPROVAL OF MINUTES
Cowan requested that the minutes be updated to reflect that the 0 Hornbrook proposal
had been reported about to them previously by former Planner David West, but it had
not been presented to them at a meeting. The planning secretary agreed to make that
revision.
MOTION: Approve the February 2024 meeting minutes
The motion passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
(4) TOWN BOARD LIAISON REPORT (VERBAL)
Town Board member Leslie Connors approached the mic and gave a verbal report:
●The Town made two recent hires: Marrell Cortright as the Danby Water District
clerk and Julia Hughes to help out at Highway and in the Clerk's office
●Planner Hutnik con nues work on the Special Event Law with the Town Board
●The CAC is working on a list of reasons for why they think they should be
included in conversa ons about proposed development in town
(5) DEVELOPMENT REVIEW
SUB-2024-1 140 Updike Road Parcel: 4.-1-3 Applicant: Abigail Cleary & Jefferson
Colman
An cipated Board ac on(s) this month: Applica on review; SEQR Determina on;
Public Hearing; Final Ac on
Zone: Rural 1 SEQR Type: Unlisted
Proposal: Minor Subdivision (1 lot to 2 lots)
Planner Hutnik reviewed the applica on, sta ng that the fi y foot stream buffer
as well as the signature block were both added to the survey, as previously
requested by the Planning Board. Because this is unlisted, the applica on needs
to go through SEQR, where the board will declare lead agency and make a
declara on of impact. A public hearing will also need to be held. He has dra ed
poten al language for the resolu ons.
MOTION: TO PASS RESOLUTION 1 of 2024 TO DECLARE LEAD AGENCY ON
MINOR SUBDIVISION, 140 UPDIKE ROAD, PARCEL: 4.-1-3
Moved by Bergman, seconded by Cowan
The mo on passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
Planner Hutnik put up the SEAF Part II on the large TV screen. The Planning
Board looked over the dra he had prepapred, showing a "no or small impact"
determina on. He informed them that he had already dra ed language for a
nega ve impact determina on, which they could approve if they so choose.
Town Supervisor Joel Gagnon asked if the Town of Ithaca needed to be informed,
since it shares a border with the property. Planner Hutnik replied that they had
been informed, and they did not have any concerns. He clarified this does not
need to be included in the resolu on, and he read aloud the email from the
county on the ma er.
Maher began to read aloud from a dra ed resolu on, realizing midway through
that she had mistakenly been reading from the wrong dra . A er no ng the
mistake, she read from the intended dra resolu on language, showing a
determina on of no nega ve impact on the enviroment.
MOTION: TO PASS PLANNING BOARD RESOLUTION NO. 2 OF 2024 –
DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, MINOR SUBDIVISION, 134,
136, 138 & 140 UPDIKE ROAD, TAX PARCEL #4.-1-3
Whereas an application has been submitted for review and approval by the Town of
Danby Planning Board for a Minor Subdivision of Town of Danby Tax Parcel No. 4.-1-3,
by Robert J. Kawecki, Applicant, for Abigail Cleary and Jefferson Colman, Owners; and
Whereas the Applicant proposes to subdivide the existing 49.3-acre property into two
parcels: Parcel A, measuring 24.6 acres and Parcel B, measuring 24.7 acres; and
Whereas the property is in the Rural 1 Zoning District, requiring a lot area minimum of
10 acres and lot depth of 800 feet; and
Whereas this is considered a Minor Subdivision in accordance with the Town of Danby
Subdivision and Land Division Regulations, Article II, § 201 B.1. Minor Subdivision,
Option #1; and
Whereas this is an Unlisted Action under the Town of Danby Environmental Review of
Actions and the State Environmental Quality Review Act and is subject to environmental
review; and
Whereas this Board, acting as Lead Agency in environmental review accepts as
adequate: a Short
Environmental Assessment Form (SEAF), Part 1, submitted by the Applicant, and Part 2,
prepared by the Planning Administrator; a subdivision plat entitled “Survey Map
Showing Lands of Abigail Cleary & Jefferson Colman, Located at 134, 136, & 140
Updike Road, Town of Danby, Tompkins County, New York” prepared by T.G. Miller,
P.C., and dated 11/01/2023; and other application materials;
Now Therefore, be it Resolved that the Town of Danby Planning Board, based on
careful consideration of the application materials, determines the proposed Minor
Subdivision will result in no significant impact on the environment and that a Negative
Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in
accordance with the provisions of Part 617 of the State Environmental Quality Review
Act.
Moved by Bergman, seconded by Scriber
The mo on passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
Public Hearing
The public hearing was opened at 7:19 p.m.
No one spoke.
Public hearing was closed at 7:20 p.m.
Planner Hutnik noted that comments were submi ed by Ronda [Roaring], which he
handed out to the Planning Board. The responses to those comments [from the Town's
lawyer] will be available for reading in the record.
PLANNING BOARD RESOLUTION NO. 3 OF 2024 - PRELIMINARY MOTION: TO PASS
AND FINAL APPROVAL, MINOR SUBDIVISION, 134, 136, & 140 UPDIKE ROAD, TAX
PARCEL #4.-1-3
Whereas an application has been submitted for review and approval by the Town of
Danby Planning Board for a Minor Subdivision of Town of Danby Tax Parcel No. 4.-1-3,
by Robert J. Kawecki, Applicant, for Abigail Cleary and Jefferson Colman, Owners; and
Whereas the Applicant proposes to subdivide the existing 49.3-acre property into two
parcels: Parcel A, measuring 24.6 acres and Parcel B, measuring 24.7 acres; and
Whereas the property is in the Rural 1 Zoning District, requiring a lot area minimum of
10 acres and lot depth of 800 feet; and
Whereas this is considered a Minor Subdivision in accordance with the Town of Danby
Subdivision and Land Division Regulations, Article II, § 201 B.1. Minor Subdivision,
Option #1 – A large-lot land division is permitted, provided the following criteria
are met:
a. All lots resulting from the land division are (8) acres or more, each with
frontage on a
public road maintained year-round;
b. All lots resulting from the land division meet all other pertinent zoning
requirements;
and
c. No extension or improvement of an existing, or creation of a new public road,
public
utility, or other public facility or area is involved.
d. Compliance with the Stormwater Local Law, if applicable, has been
demonstrated,
including, but not limited to, the preparation and approval of SWPPPs, the
obtaining
of Stormwater Permits, and the design, planning, installation, construction,
maintenance, and improvement of temporary and permanent Stormwater
Management Practices, as each and all of such capitalized terms are defined
within
such Stormwater Local Law; and
Whereas this is an Unlisted Action under the Town of Danby Environmental Review of
Actions and the State Environmental Quality Review Act and is subject to environmental
review; and
Whereas legal notice was published and adjacent property owners within 500 feet
notified in accordance with the Town of Danby Subdivision and Land Division
Regulations, Article VI, § 601 II.H. Hearing and Notices; and
Whereas the Planning Board held the required Public Hearing on March 19, 2024; and
Whereas the Planning Board, acting as Lead Agency, did on March 19, 2024 make a
Negative Declaration of Environmental Significance for the project; and
Now Therefore, be it
Resolved that the Town of Danby Planning Board does hereby grant Preliminary
and Final Subdivision Approval to the proposed Minor Subdivision of Town of
Danby Tax Parcel No. 4.-1-3, by Robert J. Kawecki, Applicant, for Abigail
Cleary and Jefferson Colman, Owners, subject to filing with the Tompkins
County Clerk within 62 days.
Moved by Bergman, seconded by Vanucchi
The mo on passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
Planner Hutnik clarified with the Planning Board that they were passing the resolu on
that he had dra ed and prepared for them, which they all had copies of in front of them,
and that would be available for the public record.
SEQR Disucssion
Davis felt that he could use a more in-depth picture of the subdivision process. They discussed
the dis nc on between subdividing land and subdividing land with the intent to build a structure,
and the differences between those processes.
Cowan asked for clarifica on when SEQR is done and when not it is not? They revieweda SEQR
flow chart which Planner Hutnik had provided and discussed the differences between the types
of ac on(Type 1, Type 2 and Unlisted where Type 2 requires no further ac on but Type 1 and
Unlisted trigger an environmental impact determina on review). He reviewed that a posi ve
determina on is rare and would trigger many procedures. For example, the Norbut solar farm
had a nega ve determina on but, as added by Supervisor Gagnon, they had to do a full EAF and
mi ga on in order to avoid ge ng a pos ve declara on.
Planner Hutnik encouraged the PB members to look at another handout from the state, with a
focus on steps 1-4 because that is the vast majority of what will happen. PB members thanked
him for this informa on and sought to go home and review it. They discussed recent and
upcoming trainings that may focus on SEQR.
(6) PLANNER REPORT (VERBAL)
●He con nues to look at zoning tweaks ammendments but just for now they are
focused on sign ammendments for the Hamlet area due to the recent businesses
opening
●He sent a comment le er to the Hornbrook property applicants. They have a lot
to do and are hiring a wetland delineator that will also do a habitat study to see
what rep les and amphibians on the land. The spec c system will be a large
hurdle and all this will likely take months before they come back again.
●They are ge ng their ducks in a row for the mul family housing grant and hope
to start ge ng applica ons started shortly
●They are talking to a local person interested in building small skate parks in the
area with grant funding
●He con nues to be involved with various regional mee ngs and commi ees
●The Norbut solar farm project is set to begin in late April. Planner Hutnik did a
walk through with the DEC and they no ced a number of viola ons. These were
reported and Norbut has been following through on ammending those viola ons.
●They discussed the abandoned ICSD school on Gunderman Road and resident
concerns about it becomming a dumping ground and an eyesore. Hutnik
commented that a pressure campaign could be impac ul, and he read an email
wri en to him by a local home-owner repor ng back on what the school had told
them when they reached out.
●Supervisor Gagnon asked Planner Hutnik for an update on the Safe Street for all
project, a Tompkins county wide in a ve. They discussed various street and
intersec on loca ons that are of concern.
●Supervisor Gagnon also wanted to inform the Planning Board that an agreement
with NYSEG regarding the South Hill Recrea on trail had finally been reached
●Davis was curious about the current zoning requirement for a coffee shop or
restaurant needing to be on a corner. Planner Hutnik stated that he felt there had
not been a lot of support for changing that requirement from the board when it
was discussed. They discussed how that requirement could impact and limit the
current poten al projects and businesses going forward and how that can be
limi ng to businesses. Planner Hutnik clarified that that requirement is only in the
Hamlet neighborhood but not the Hamlet Center (where "Danby Food and Drink"
is). Scriber wondered if they could make a recommenda on to the Town Board to
change that requirement.
(7) Adjournment
The mee ng adjourned at 8:10 pm