HomeMy WebLinkAbout2024-06-18 Planning Board Minutes (draft)
DRAFT
PRESENT:
Ed Bergman (arrived 7:09)
Jacob Colbert
Colleen Cowan
Sco Davis
Jodi Scriber
Jamie Vanucchi
Kelly Maher
OTHER ATTENDEES:
Town Planner Greg Hutnik
Recording Secretary Cindy Katz
Public (in-person)Katherine & Tom Wouters and their children, Katharine
Hunter (town board member), Zachary Larkins, Heather
Coffey
Public (Zoom)Joel Gagnon (town supervisor), Noah Demarest, Ronda
Roaring
This mee ng was conducted in person with virtual access on the Zoom pla orm
(1) CALL TO ORDER/AGENDA
The mee ng was called to order 7:02 p.m.
There were no addi ons or dele ons to the agenda.
(2) PRIVILEGE OF THE FLOOR
Katharine Hunter thanked the planning board for their hard work, no ng its importance.
Ronda Roaring recalled earlier mee ngs una ended by Planner Hutnik during which
discussions were held regarding long drive-ways. She noted the applica on discussed
today involves a long drive-way. She wondered if the applicants would be willing to put
their land in an easement in an exchange for their long drive-way.
Planning Board member Cowan noted that she has worked with Tom [Wouters] before
Mary Ann Barr 2021
The Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
Planning Board Minutes
Tuesday 18 June 2024 at 7:00PM
but is in no way benefi ng from his applica on.
(3) APPROVAL OF MINUTES (May 2024)
Maher stated she had not read the minutes. Planner Hutnik reminded the board that if
they had not read the minutes, they need to abstain. He added that the town is moving
to a new cloud-based so ware, and email is a bit of mess at the moment. Maher
suggested they vote on the minutes next month.
(4) TOWN BOARD LIAISON REPORT (VERBAL)
Gagnon gave the report as Connors was not present.
●The town is applying for another housing rehabilita on grant
●With the help of Warren Cross (resident), the town is looking to form a noise
working group. This group will work to assess what is objec onable "noise" and
which standards should be included in a simple noise law.
●The board also discussed the junk law at the recent mee ng.
(5) DEVELOPMENT REVIEW
SPR 2024-04 2016 Danby Road Parcel: 14.-1-12.22 Applicant: Katherine & Tom
Wouters An cipated Board ac on(s) this month: Final Ac on on Site Plan Review
Zone: Rural 1 SEQR Type: Type 2
Proposal: Construct a single unit dwelling
Maher requested the applicants give a brief summary of their request. Katharine
Wouters explained they purchased the parcel two years ago, relocated from another
state, are living off-site currently, and want to build a house. She added that the driveway
was already present, and they only need to add another 200 feet or so to bring it to the
house.
Planner Hutnik shared the pla for all to see. They discussed the amount of ground
disturbance calculated. He noted that storm water controls and the basic SWPPP
requirements have been discussed with him. He will inspect all that at various points to
assure there are no nega ve impacts. This will also include the pond near the house.
They looked at the sep c and the well lines. Bergman asked if the Department of Health
has been out yet and the applicant confirmed that they need this site plan approved
before they can speak to them. They discussed the loca on of the house back behind
trees and set back from the road.
Public Hearing
The public hearing opened at 7:19p.m.
No one spoke.
Public hearing closed at 7:19 p.m.
Board Discussion
Planner Hutnik added that in any project like this with a long driveway it is important to
make sure stormwater is under check. He will be working with the owner to ensure that
will happen. He noted this is a permi ed use by site plan review. They have easily met all
set-back requirements, and there is no requirement to have a shorter driveway. He would
not recommend the board add a condi on to have a shorter driveway or that the owner
take on a conserva on easement in order to have a longer driveway.. He thought the
board may consider a condi on that the house be dark sky compliant.
MOTION: To pass Resolu on 7 of 2024 approving the Site Plan at 2016 Danby Road
with the condi on of dark sky compliance.
Moved by Bergman, seconded by Cowan.
The mo on passed.
In favor: Bergman, Colbert, Cowan, Davis, Scriber, Vanucchi, Maher
SPR 2024-02 1914 Danby Road Parcel: 14.-1-10.2 Applicant: Zachary Larkins
An cipated Board ac on(s) this month: Discussion on coffee trailer
Zone: Hamlet Neighborhood SEQR Type: Type 2
Planner Hutnik provided an update about the applicant's plans since previously being at
the planning board in February. They are seeking to put in a coffee trailer un l they get
their brick and mortar building up. However, zoning requires that all restaurants in this
zone be on a corner (and this parcel is not on a corner).
Planner Hutnik outlined the various poten al paths for them:
●Applying for an area variance from the BZA
●Rezoning their parcel
●Altering the law, which the Town Board could do
The applicants elected to apply for a variance, which they believed would be the fastest
path. Planner Hutnik elaborated that this would be an area variance (as opposed to a use
variance, which is harder to obtain) because it is related to loca on. They discussed the
intricacies of why the town lawyer said an area variance was warranted.
Planner Hutnik added that no ac ons were planned for tonight. It was just a discussion.
He explained his reasoning for this coming to the Planning Board since there is nothing
explicit in the zoning about a food truck/coffee trailer. Even though a coffee trailer is
temporary, he wants to err on the side of cau on and bring it to the Planning Board
seeing as a restaurant would need site plan approval. The applicants will also need an
opera ng permit from code enforcement. That will involve county health department
approval and will be good for one year.
Maher wondered if maybe they could operate in the old ice cream place. The applicant
noted that the previous vendor there lost his license because of the health department.
Also, the applicants would have to pay rent in that loca on whereas they will not in their
current loca on.
Planning Board members asked a few hypothe cal ques ons about allowances with
farms and vegetable stands. Cowan thought that if you have a farm stand under
agricultural use, you are limited to the sale of vegetables and baked goods.
Board member Davis asked what the difference between temporary and permanent is in
this case. Planner Hutnik said it is mostly a call that the planner makes, and the fact that
they need a yearly license from the health department.
Hutnik clarified that the variance being applied for from the BZA is not for the coffee
trailer specifically but for any type of restaurant. So, the applicants would s ll need this
variance before site plan review even if they were just opening a permanent restaurant.
They reviewed how this par cular route is a li le faster than the other op ons also
discussed.
Gagnon, Town Supervisor, asked if they will take the trailer " on the road" and the
answer was no. They discussed previous uses of food trucks in West Danby and Danby
and the circumstances surrounding those trucks.
Hutnik reiterated that he recommends simple site plan review for the food truck area
(not the en re parcel's long term plan). He asked if the Planning Board agreed. Maher
wondered if they would be reviewing the site plan if it were for something that was a
permi ed use on the property? Planner Hutnik replied no, they would not need site plan
review if it were a structure permi ed by right.
Bergman asked if restaurants are the only businesses that are required to be on a corner
lot. Planner Hutnik explained it is not and that there are four types of businesses that are
also required to be on corner lots: restaurants/bars; religious ins tu ons; repair shops;
and retail uses. Other businesses are permi ed and do not require a corner. They
discussed this logic and how many corner lots could poten ally be used in this par cular
zone in Danby.
Maher confirmed the process: the applicants poten ally get the variance at the BZA next
week, and then return to the Planning Board the next month for a public hearing and
final approval. Vanucchi wondered why they need a site plan approval if they receive
their variance? Planner Hutnik explained that even if they were building a permanent
restaurant, they would need site plan approval. Board member Davis wondered if they
can get their variance, run their food truck, and come back for site plan review when
they are building their permanent restaurant. Planner Hutnik emphasized this is for the
board to decide, that there already will be a lot of scru ny on the food truck and if the
board is OK with this current basic site plan, such approval would be good for the
applicants to know. When they are ready for the main shop, they can come back with the
larger site plan. Board member Scriber noted that it isn't en rely clear how things will
progress, and Planner Hutnik pointed out to the board that they could choose to review
the site plan each year.
The applicant stressed the importance to them to keep the land healthy, sustainable and
ul mately a community space. They discussed their vision for the space with parking
spaces and a few benches and how they are moving forward in general with all their
plans.
Board member Cowan inquired if they would need a second well for the coffee shop, and
if set-backs were being met by the trailer. The reply was that a second well is not
needed, and Planner Hutnik clarified that the set-backs were not needed for the trailer.
They just need to be sure they are staying on their parcel. They discussed following the
signage guidelines and the applicant's interest in dark sky compliance.
Maher suggested a possible change to the parking situa on that might make things
easier for the future coffee shop. Applicants said the future coffee shop parking is s ll to
be determined. Board member Cowan confirmed that they are only approving the site
plan today for the coffee trailer and its six parking spots, not for the larger coffee shop.
Maher asked about size of parking spots in the plan, and wondered if they might be ght.
There will be a more scaled plan next me.
Planner Hutnik confirmed that the board was comfortable with the process. A er the
variance, the applicants will look to the Planning Board for approval for a site plan for
just the coffee trailer. For next me, the applicants should provide a scaled site plan for
parking. Planning Board members noted that they believe 24 feet is required for "back to
back" parking.
The applicants and Planning Board members discussed the parcel number and why the
number is incorrect on the survey.
MOTION to set a public hearing for next month (July 2024) to review a simple site for a
coffee trailer and parking at 1914 Danby Road, con ngent on the applicants receiving an
area variance.
Moved by Scriber, seconded by Bergman
The mo on passed.
In favor: Bergman, Colbert, Cowan, Davis, Scriber, Vanucchi, Maher.
(6) PLANNER REPORT (VERBAL)
●Planner Hutnik reiterated that many are currently having issues with email as the
town moves over to Microso . Planning board members should call the town
clerk if they need help. He added that according to a new town policy currently in
the works, only chairs of boards will be required to be on a town email. Everyone
else can use their personal email. However, they need to be sure that all emails be
copied to the chair of the commi ee. He notes that if one is using their personal
email, they can s ll run the risk of their email being subject to a foil request.
Planner Hutnik reiterated that no town business can be conducted by the
planning board members over email; however, it is nevertheless important that
they check their email as he sends updates regarding mee ngs, cancella ons,
training opportuni es and more. If planning board members want to use their
personal email, please provide it to Planner Hutnik.
●The town expects to hear very shortly about receiving a grant to hire a consultant
to write an addi onal housing rehabilita on grant.
●On Friday the CAC will be walking the Troy Road property previously discussed by
the Planning Board in regards to a subdivision and possible easement.
(7) ADJOURNMENT
The mee ng adjourned at 8:22 p.m.
Cindy Katz, Recording Secretary