HomeMy WebLinkAbout2024-07-16 Planning Board Minutes Final______________________________________________________________________________________________
Planning Board Meeting
Tuesday 16 July 2024 at 7:00PM
Town of Danby Planning Board
Minutes of Regular Meeting
July 16 , 2024
FINAL
PRESENT:
Colleen Cowan
Scott Davis
Jody Scriber
Kelly Maher (Chair)
ABSENT:
Jamie Vanucchi
Ed Bergman
Jacob Colbert
OTHER:
Town Planner: Greg Hutnik
Recording Secretary: Cindy Katz
Public (in-person): Andrew Thurnheer, Karl Madeo, Marnie Kirch gessner, Leslie
Connors, Zachary Larkins, Heather Coffee, Katharine Hunter,
Gary K
Public (virtual): Adam Kartman, Ronda Roaring, Erin Caruth, Jim Holahan,
Joel Gagnon
This meeting was conducted in person with virtual access on the Zoom platform. Please
note that due to a local storm, the town did not have internet service at the time of the
meeting. Instead, the planner used his phone connection to provide Zoom access for the
virtual meeting attendants. Due to limited service, only audio was streamed and the sound
quality was low.
(1) CALL TO ORDER/AGENDA REVIEW
There were no additions or deletions to the agenda.
(2) PRIVILEGE OF THE FLOOR
Marnie Kirchgessner expressed excitement about the upcoming coffee shop at 1914 Danby
Road.
(3) APPROVAL OF MINUTES
Planner Hutnik reminded the Planning Board that their personal email can now be added to
the “planning board” email group. This will allow them to receive relevant messages
without a town email address. If they want a town email though, please call the town clerk
to set one up.
Cowan had not read the minutes. They were not voted on because quorum was not met .
They will be brought again next month for a vote.
(4) TOWN BOARD LIAISON REPORT
Town Board liaison Leslie Connors spoke:
• The town board is trying to deal with dila pidated vacant properties. This has been an
on-going challenge, and they are looking into flnding funding for people who may
need help flnancing a demolition.
• The town board is also looking into speed limit reductions in various locations
around town. Scriber asked if Gunderman was on the list of locations to review and
Connors conflrmed that it was.
(5) DEVELOPMENT REVIEW
SUB-2024-03 405 Troy Road Parcel: 4.-1-1 Applicant: Adam & Carrie Kartman
Anticipated Board action(s) this month: Plat Review; Declare Lead Agency for
SEQR
Zone: Rural 1 SEQR Type: Unlisted
Proposal: Minor Subdivision of 1 lot to 2 lots
Applicant Adam Kartman was present via audio on Zoom. The a pplicant explained their
wishes to subdivide ten acres of a 68.82 acre parcel and make it available for sale to
someone who could put a house on it. They intend to put a conservation easement on the
entire property with various allowances . This easement is currently being worked on with
the town, and it will include land for wilderness and agriculture.
These two separate processes – the minor subdivision and the easement – can happen in
tandem.
Cowan thought this plan seemed like the proper, intended use of zoning. A house already
exists on the larger parcel (“Parcel B”), and they discussed that the easement could be
written to allow a second to be built as well. The location of the house– along with other
infrastructure such as septic – on the smaller parcel (“Parcel B”) will be determined by the
future buyer.
MOTION: Resolution No 8 of 2024- To Declare the Planning Board Lead
Agency for the Minor Subdivision at 405 Troy Road, Tax Parcel #4.-1-1
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.-1-1, by
Adam and Carrie Kartman, Owners; and
Whereas the Owners propose to subdivide the existing 68.8 -acre property into two
parcels: Parcel A, measuring 10 acres and Parcel B, measuring 58.8 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 State Environmental Quality Review Act and
is subject to environmental review; and
Whereas the Town of Danby Planning Board has sole responsibility for approving Minor
Subdivisions;
Now Therefore, be it
Resolved that the Town of Danby Planning Board does hereby declare itself Lead Agency
for the environmental review for the action of Minor Subdivision approval for Town of
Danby Tax Parcel No. No. 4.-1-1, by Adam and Carrie Kartman, Owners;
Moved by Cowan, seconded by Maher
The motion passed.
In favor: Cowan, Davis, Scriber, Maher
SEQR
Planner Hutnik stated that the SEAF form looked to be in order. Maher wondered about
question number flve, regarding agriculture on the parcel. The applicant stated that hay is
grown, and Planner Hutnik said he would update the document to refiect such.
They discussed how a reserve in the Town of Ithaca shares a boundary with Parcel B, and
the feedback the Town of Ithaca gave in regards to this. The Town of Ithaca stated there are
likely some rare plant species on the property since they are present in the reserve next to
it. However, they indicated this is not a major concern for the Town of Ithaca. Davis
suggested the response to question 13a therefore b e changed to “yes.”
The Planning Board discussed setting a public hearing for the next meeting and how that
timetable would flt with the conversation easement timeline. Planner Hutnik suggested
making a condition of approval that the plat refiect the language “Parcel A” and “Parcel B”
as opposed to the current language of “B1” and “B 2 ”. If the surveyor is unable to update
the plat to refiect such by the next meeting, the change could be written in as a condition
with the flnal approval.
MOTION: Schedule a public hearing for this application at the August
meeting.
Moved by Cowan, seconded by Scriber
The a pplicant asked why renaming is necessary, pointing out the flne print under B2 states
it is not intended to create an individual lot or new parcel. Planner Hutnik agreed and
thanked him for the attention to detail. B 1 and B2 can be one lot and Parcel A the other one.
The motion passed.
In favor: Cowan, Davis, Scriber, Maher
SUB-2024-04 164 Yaple Road Parcel: 1.-1-3.119 Applicant: Karl Madeo
Anticipated Board action(s) this month: Application Review, SEQR
Classification, Declare Lead Agency
Zone: Low Density Residential SEQR Type: Unlisted
Proposal: Minor subdivision of 1 lot to 2 lots
Maher reviewed the application and process. This is a subdivision of one lot into two lots
and potential process for the meeting is declaring lead agency and scheduling a public
hearing for the next meeting.
The a pplicant provided a summary of the request. They purchased the lot in 2002, built a
house there, and later purchased an adjacent lot of about the same size which was
annexed. They subsequently permitted a neighbor to use that lot . Applicants would now
like to sell that lot to the neighbor and are therefore requesting it be subdivided out once
again. The neighbor does not plan on consolidating this new lot to their existing one.
MOTION: Resolution No 9 of 2024- Declaring the Planning Board Lead A gency
for the Minor Subdivision, at 164 Yaple Road, tax parcel #1.-1-3.119
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. 1.-1-
3.119, by Karl Madeo, Owner; and
Whereas the Owner proposes to subdivide the existing property into two parcels: one
measuring approximately 2.5 acres and the other measuring approximately 2.9 acres;
and
Whereas the property is in the Low Density Residential Zoning District, requiring a lot
area minimum of 2 acres and lot frontage of 200 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.2. Minor Subdivision, Option
#2 – A small -lot land division is permitted, where the division results in a lot or lot s of
less than 8 acres, provided that the following criteria are met:
a. No other division(s) or subdivision(s) involving the parcel being divided except for
Land Annexation have taken place within the previous three (3) consecutive years;
b. The division results in no more than two lots, including the parcel being divided;
c. All lots resulting from the land division have frontage on a public road maintained
year-round;
d. All lots resulting from the land division meet all other pertinent zoning requirements;
and
e. No extension or improvement of an existing, or creation of a new public road, public
utility, or public facility or area is involved.
f. 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 used within such Stormwater Local Law ; and
Whereas this is an Unlisted Action under the State Environmental Quality Review Act and
is subject to environmental review; and
Whereas the Town of Danby Planning Board has sole authority for approving Minor
Subdivisions;
Now Therefore, be it
Resolved that the Town of Danby Planning Board does hereby declare itself Lead Agency
for the environmental review for the action of Minor Subdivision approval for Town of
Danby Tax Parcel No. 1.-1-3.119, by Karl Madeo, Owner.
Moved by Cowan, seconded by Maher
The motion passed
In favor: Cowan, Davis, Scriber, Maher
The a pplicant conflrmed with the Planning Board that in order to be on the August meeting
agenda, a new survey with the surveyor stamp is needed at least three weeks prior to the
next meeting (by July 30 th). The board could therefore tentatively plan a public hearing for
August, and if he can’t get the plat in by the July 30 th date, they will schedule it for
September instead.
MOTION: Schedule a public hearing for this application for the August
meeting contingent on receiving the updated plat by July 30 th.
Moved by Cowan, seconded by Scriber
The motion passed.
In favor: Cowan, Davis, Scriber, Maher
SPR-2024-02 1914 Danby Road Parcel: 14.-1-10.2 Applicant: Zachary Larkins
Anticipated Board action(s) this month: Public Hearing, Take Action on Final
Site Plan for Coffee Trailer
Zone: Hamlet Neighborhood SEQR Type: Type II
Proposal : Site plan for a temporary coffee trailer and temporary parking spaces
Since the last time the Planning Board saw this application, the applicants have received a
variance from the BZA. This variance will allow them to operate a restaurant/coffee trailer
on their parcel. Additionally, the site plan was updated to refiect the dimensions and
speciflcs of the parking situation for the coffee trailer as per the request of the Planning
Board and the requirements of the Department of Transportation. The Planning Board,
together with the applicants, reviewed the site plan and discussed where the parking will
be located.
Public hearing
The Public Hearing was opened at 7:50 p.m.
Jim Holahan spoke in support of the project
Marnie Kirchgessner “dittoed” what Holahan said.
The Public hearing closed at 7:50 p.m.
Board Discussion:
Davis sought clariflcation regarding the Department of Transportation (“DOT”) and the right
of way. The applicants reviewed the arrangement, noting that it seems very large (65 feet
from the edge of asphalt into the center line). However, this is how it was previously
established under the prior owners. Perhaps the DOT will be open to changing it when the
coffee shop opens. Chair Maher noted that the right of way was indicated incorrectly on
the survey and should be changed to the centerline of Danby Road.
MOTION: To pass Resolution 10 of 2024 approving the site plan at 1914
Danby Road
Moved by Scriber, seconded by Davis
The motion passed.
In favor: Cowan, Davis, Scriber, Maher
SUB-2024-05 190 Hill Road Parcel: 20.-1-22.2 Applicant: Andrew Thurnheer
Anticipated Board action(s) this month: Plat Review; Resource Map Review;
Declare Lead Agency for SEQR; Schedule Public Hearing for Preliminary Plat
Review
Zone: Rural 1 SEQR Type: Unlisted
Proposal : Standard Subdivision of 1 lot to 3 lots
The applicant explained that the property has been in the family since 1 943. He and his
siblings are looking to subdivide it now and manage it separately. The applicant and one of
his siblings will jointly own their two pieces, while the other sibling will own their parcel
separately.
Planner Hutnik reviewed the process, noting it will be a bit more involved because this is a
standard subdivision (as opposed to a minor subdivision). He added that the board could
add restrictions for these plats for future development, noting that the Danby State Forest
is to the south of the property, and that future subdivisions could be permitted due to the
sizes of the lots. He reminded the Planning Board that decisions don’t need to be made
tonight.
The a pplicant added that they have no future intention to do anything different from what
they have been doing , and that the subdivision is intended to protect his brother’s wife as
well as him and his sister in case of someone’s death. Davis didn’t think there was any
reason to impose future restrictions. They discussed possible future development
scenarios.
Planner Hutnik explained that the spirit of the zoning law is to empower the Planning Board
to closely examine subdivisions proposed by a developer. In those circumstances the
Planning Board is especially encouraged to steer a developer away from certain areas and
towards others. This case, however, is different because these are just individuals working
through what is essentially estate planning.
The Planning Board compared this subdivision to a previous one. They discussed the
differences between standard and minor subdivisions.
They discussed the quality of the soil, commenting on how this may be relevant as some
towns try to preserve high quality soil for agricultural purposes. The applicant noted that
they grow hay. Chair Maher suggested a restriction that would prioritize non-prime soil area
for development. The applicant felt that restrictions on the land would give them more
liabilities. He requested the board put on less restrictions if possible.
Planner Hutnik encouraged the Planning Board to look at the subdivision through a long-
term lens of flfty to a hundred years out, and to seek to balance such out with the land-
owner's right to subdivide or cluster develop. He also pointed out that this subdivision
differs from others discussed because this one does not include land with overlay
designations. Overly designations denote special areas that Danby seeks to protect.
Chair Maher noted th at any resources on the parcel have been documented, and that many
avenues for potential development (subdivisions, cluster development) would come back
to the Board for review. At the applicant’s behest, Planner Hutnik clarifled what a cluster
development is and why it can be beneflcial in certain circumstances. The a pplicant
inquired if the town is open to more ecovillages , and the planner explained why he believes
the White Hawk Ecovillage (located in Danby) is a good model, with its cluster of homes in
one area, and the rest of the land well-managed.
MOTION: Pass Resolution 11 of 2024 Declaring the Planning Board Lead
A gency to Standard Subdivision at142-212 Hill Road, Tax parcel 20.-1-22.2
Whereas an application has been submitted for review and approval by the Town of
Danby Planning Board for a Standard Subdivision of Town of Danby Tax Parcel No. 20.-1-
22.2, by Andrew Thurnheer, Owner; and
Whereas the Owner proposes to subdivide the existing 190 -acre property into three
parcels: Parcel 1 measuring 55.2 acres; Parcel 2 measuring 34.3 acres; and Parcel 3
measuring 102.5 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 Standard Subdivision in accordance with the Town of
Danby Subdivision and Land Division Regulations, Article II, § 201 C. Standard
Subdivision:
1. Any division of land resulting in three or more lots, of any size, at one time, which such
division of land is and remains at all times subject to the requirements and terms of the
Stormwater Local Law, if and as applicable.
2. Any Minor Subdivision that does not meet the standards of Article II, Section 201 (B).
Whereas this is an Unlisted Action under the State Environmental Quality Review Act and
is subject to environmental review; and
Whereas the Town of Danby Planning Board has sole authority for approving Standard
Subdivisions;
Now Therefore, be it
Resolved that the Town of Danby Planning Board does hereby declare itself Lead Agency
for the environmental review for the action of Standard Subdivision approval for Town of
Danby Tax Parcel No. 20.-1-22.2, by Andrew Thurnheer, Owner
Moved by Cowan, seconded by Maher
The motion passed.
In favor: Cowan, Davis, Scriber, Maher
Planner Hutnik reviewed the process and explained it will take a few months before the
board can take formal action. He noted that no changes on the plat are needed.
MOTION: Schedule a public hearing for this application for the August
Planning Board meeting.
Moved by Cowan, seconded by Maher
They discussed the process, explaining the next meeting will involve preliminary plat review
and an environmental impact determination.
The motion passed.
In favor: Cowan, Davis, Scriber, Maher
The Board realized they didn’t review the SEAF part 1 yet. They elected to do so at that time,
noting that the acreage needs updating. While looking over the form, it became apparent
that previous forms from the meeting today may need reviewing in regard to questions 10
and 11 (connecting to public water and wastewater supplies). Planner Hutnik said he
would check them over and make any appropriate corrections. They added that “forest”
ought to be checked (number 14).
Planner Hutnik asked the Planning Board to please hold onto their plats so he doesn’t have
to print out new ones next time. He then reviewed the process, explaining two more
meetings are required before approval can be granted. He reviewed the differences
between minor and standard subdivisions.
[6] PLANNER REPORT
Planner Hutnik gave an oral report on the following:
• The new homeowner rehabilitation program application is due at the end of the
month. He gets weekly requests for application materials from residents so there is
clearly a need. The town received grant money from the county to emp loy a
contractor to write the grant.
• The Town is also applying for a water quality improvement grant from the state as
follow up to the hamlet sewer study. If the town gets the grant it would be up to 75%
of construction cost for sewering the hamlet center. Whether or not the town would
want to do such remains to be seen as it would be a very complex project. The grant
writing is free though.
• He still owes the board an updated special events law as well as on short-term
rentals. NYS governor may sign into law legislation regarding short term rentals that
would require all rentals to register.
The Planner and the Planning Board discussed the pros and cons of sewering the hamlet.
[7] ADJOURNMENT
The meeting adjourned at 8:43 pm
Cindy Katz, Recording Secretary