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HomeMy WebLinkAbout2024-06-18 Planning Board MinutesThe Town of Danby 1830 Danby Road i Ithaca, NY 14850 j- danby.ny.gov Mary n1�arr 63 PRESENT: Ed Bergman (arrived 7:09) Jacob Colbert Colleen Cowan Scott Davis Jodi Scriber Jamie Vanucchi Kelly Maher OTHERATTENDEES: Town Planner Recording Secretary Public (in -person) Public (Zoom) FINAL Greg Hutnik Cindy Katz Planning Board Minutes Tuesday 18 June 2024 at 7:OOPM Katherine & Tom Wouters and their children, Katharine Hunter (town board member), Zachary Larkins, Heather Coffey Joel Gagnon (town supervisor), Noah Demarest, Ronda Roaring This meeting was conducted in person with virtual access on the Zoom platform (1) CALL TO ORDER/AGENDA The meeting was called to order 7:02 p.m. There were no additions or deletions to the agenda. (2) PRIVILEGE OF THE FLOOR Katharine Hunter thanked the planning board for their hard work, noting its importance. Ronda Roaring recalled earlier meetings unattended by Planner Hutnik during which discussions were held regarding long drive -ways. She noted the application 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 but is in no way benefiting from his application. (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 software, 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 rehabilitation 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 objectionable "noise" and which standards should be included in a simple noise law. • The board also discussed the junk law at the recent meeting. (5) DEVELOPMENT REVIEW SPR 2024-04 2016 Danby Road Parcel: 14.-1-12.22 Applicant: Katherine & Tom Wouters Anticipated Board action(s) this month: Final Action 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 plat 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 negative impacts. This will also include the pond near the house. They looked at the septic 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 location 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 permitted 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 condition to have a shorter driveway or that the owner take on a conservation easement in order to have a longer driveway. He thought the board may consider a condition that the house be dark sky compliant. MOTION: To pass Resolution 7 of 2024 approving the Site Plan at 2016 Danby Road with the condition of dark sky compliance. Moved by Bergman, seconded by Cowan. The motion passed. In favor: Bergman, Colbert, Cowan, Davis, Scriber, Vanucchi, Maher SPR 2024-02 1914 Danby Road Parcel: 14.4-10.2 Applicant: Zachary Larkins Anticipated Board action(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 for a Sketch Plan Conference. They are seeking to put in a coffee trailer until 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 potential 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 location, i.e. restaurants are already allowed in the zone district, but only in specific locations in that district.. They discussed the intricacies of why the town lawyer said an area variance was warranted. Planner Hutnik added that no actions 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 caution and bring it to the Planning Board seeing as a restaurant would need site plan approval. The applicants will also need an operating 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 location whereas they will not in their current location. Planning Board members asked a few hypothetical questions 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 still need this variance before site plan review even if they were just opening a permanent restaurant. They reviewed how this particular route is a little faster than the other options 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 entire 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 permitted use on the property? Planner Hutnik replied no, they would not need site plan review if it were a structure permitted 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 institutions; repair shops; and retail uses. Other businesses are permitted and do not require their location to be on a corner. They discussed this logic and how many corner lots could potentially be used in this particular zone in Danby. Maher confirmed the process: the applicants potentially 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 scrutiny 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 entirely 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 ultimately 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 situation that might make things easier for the future coffee shop. Applicants said the future coffee shop parking is still 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 tight. There will be a more scaled plan next time. Planner Hutnik confirmed that the board was comfortable with the process. After the variance, the applicants will look to the Planning Board for approval for a site plan for just the coffee trailer. For next time, 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, contingent on the applicants receiving an area variance. Moved by Scriber, seconded by Bergman The motion 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 Microsoft. 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 committee. He notes that if one is using their personal email, they can still 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 meetings, cancellations, training opportunities 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 additional housing rehabilitation grant. • On Friday the CAC will be walking the 405 Troy Road property previously discussed by the Planning Board in regards to a subdivision and possible conservation easement. (7) ADJOURNMENT The meeting adjourned at 8:22 p.m. Cindy Katz, Recording Secretary