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Home My WebLink About2024-03-19 Planning Board MinutesPRESENT: Ed Bergman Colleen Cowan Scott Davis Jodi Scriber Jamie Vanucchi Kelly Maher (chair) ABSENT: Jacob Colbert OTHERATTENDEES Town Planner Recording Secretary Public (in -person) Public (virtual) The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov Planning Board Minutes Tuesday 19 March 2024 at 7:0013M Town of Danby Planning Board Minutes of Regular Meeting March 19, 2024 Greg Hutnik Cindy Katz Leslie Connors (Town Board member) Ted Crane; Ronda Roaring; Joel Gagnon (Town Supervisor); Katharine Hunter (Town Board member) This meeting was conducted in person with virtual access on the Zoom platform. (1) CALL TO ORDER/AGENDA REVIEW The meeting was called to order at 7:01 p.m. Scott Davis had requested an additional review of the SEQR and subdivisin process to be added at the end of the meeting. The addition was accepted. (2) PRIVILEGE OF THE FLOOR Ted Crane requested the camera at Town Hall be moved slightly so that Planning Board member Davis could be visible over Zoom. He also asked if the folks using the "town hall" account on Zoom could identify themselves. They were identified 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 continues 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 conversations about proposed development in town (5) DEVELOPMENT REVIEW SUB-2024-1 140 Updike Road Parcel: 4.-1-3 Applicant: Abigail Cleary & Jefferson Colman Anticipated Board action(s) this month: Application review; SEAR Determination; Public Hearing; Final Action Zone: Rural 1 SEQR Type: Unlisted Proposal: Minor Subdivision (1 lot to 2 lots) Planner Hutnik reviewed the application, stating that the fifty 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 application needs to go through SEQR, where the board will declare lead agency and make a declaration of impact. A public hearing will also need to be held. He has drafted potential language for the resolutions. 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 motion 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 draft he had prepapred, showing a "no or small impact" determination. He informed them that he had already drafted language for a negative impact determination, 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 resolution, and he read aloud the email from the county on the matter. Maher began to read aloud from a drafted resolution, realizing midway through that she had mistakenly been reading from the wrong draft. After noting the mistake, she read from the intended draft resolution language, showing a determination of no negative 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 (SERF), 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 motion 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 submitted 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. MOTION: TO PASS PLANNING BOARD RESOLUTION NO. 3 OF 2024 - PRELIMINARY AND FINALAPPROVAL, 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 motion passed. In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher Planner Hutnik clarified with the Planning Board that they were passing the resolution that he had drafted 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 distinction between subdividing land and subdividing land with the intent to build a structure, and the differences between those processes. Cowan asked for clarification when SEAR 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 action(Type 1, Type 2 and Unlisted where Type 2 requires no further action but Type 1 and Unlisted trigger an environmental impact determination review). He reviewed that a positive determination is rare and would trigger many procedures. For example, the Norbut solar farm had a negative determination but, as added by Supervisor Gagnon, they had to do a full EAF and mitigation in order to avoid getting a postive declaration. 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 information and sought to go home and review it. They discussed recent and upcoming trainings that may focus on SEAR. (6) PLANNER REPORT (VERBAL) • He continues 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 letter 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 reptiles and amphibians on the land. The spectic system will be a large hurdle and all this will likely take months before they come back again. • They are getting their ducks in a row for the multifamily housing grant and hope to start getting applications started shortly • They are talking to a local person interested in building small skate parks in the area with grant funding • He continues to be involved with various regional meetings and committees • The Norbut solar farm project is set to begin in late April. Planner Hutnik did a walk through with the DEC and they noticed a number of violations. These were reported and Norbut has been following through on ammending those violations. • 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 impactful, and he read an email written to him by a local home -owner reporting 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 intiative. They discussed various street and intersection locations that are of concern. • Supervisor Gagnon also wanted to inform the Planning Board that an agreement with NYSEG regarding the South Hill Recreation 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 potential projects and businesses going forward and how that can be limiting 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 recommendation to the Town Board to change that requirement. (7) Adjournment The meeting adjourned at 8:10 pm