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HomeMy WebLinkAbout2024-09-03 Planning Board Minutes SPECIAL MEETING Mary Ann Barr 2021 Planning Board Minutes Tuesday 3 September 2024 at 7:00PM SPECIAL Planning Board Meeting September 3 2024 FINAL PRESENT: Ed Bergman Colleen Cowan Scott Davis Jody Scriber Kelly Maher ABSENT: Jacob Colbert Jamie Vanucchi OTHER ATTENDEES: Town Planner Greg Hutnik Recording Secretary Cindy Katz Public (in-person) Leslie Connors (Town Board liaison); Jenna Brockhuizen; Marissa Porer Zoom William Shaft; Ted Crane; Joel Gagnon (Town Supervisor); Steve’s iphone; Katharine Hunter 1. CALL TO ORDER/AGENDA REVIEW The meeting was called to order at 7:03 p.m. There were no additions or deletions to the agenda. 2. PRIVILEGE OF THE FLOOR No one spoke 3. DEVELOPMENT REVIEW SUB-2024-04 164 Yaple Road Parcel: 1.-1-3.119 Applicant: Karl Madeo Anticipated Board action(s) this month: Public Hearing, Final Action Zone: Low Density Residential SEQR Type: Unlisted Proposal: Minor subdivision of 1 lot to 2 lots The Public Hearing for this application was opened at the previous meeting and it was still open for more comments. The Planning Board confirmed that no new correspondence had been sent in Brockhuizen/Porar (Note: The recording secretary did not know which was which) asked what the project is. Chair Maher provided a summary. Public hearing closed at 7:06 p.m. Hutnik explained that he updated the resolution to show that the public hearing was held through September 3rd. MOTION: To approve Resolution 16 of 2024 granting preliminary and final approval to 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 3.0 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 lots 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; 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, acting as Lead Agency, did on August 20, 2024 make a Negative Declaration of Environmental Significance for the project; and Whereas the Planning Board held the required Public Hearing from August 20, 2024 through September 3, 2024; 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. 1.-1-3.119, by Karl Madeo, Owner, subject to filing with the Tompkins County Clerk within 62 days. Moved by Cowan, seconded by Bergman The motion passed. In favor: Bergman, Cowan, Davis, Scriber, Maher SUB-2024-03 405 Troy Road Parcel: 4.-1-1 Applicant: Adam & Carrie Kartman Anticipated Board action(s) this month: Public Hearing, Final Action Zone: Rural 1 SEQR Type: Unlisted Proposal: Minor subdivision of 1 lots to 2 lots Chair Maher gave a brief summary of the application. Planner Hutnik screenshared the parcel. They continued the Public Hearing, which was left open from the previous meeting. William Shaft/Betsy asked how many acres is the lot on Nelson Road, and how many houses will be built on it? Planner Hutnik replied that it is ten acres, and only one house is permitted on it because it is in the Rural 1 district. He went on to explain that the property owner is placing the entire property, both parcels, into a Conservation Easement, which will essentially restrict development on them into perpetuity. The owner plans to allow for one additional house to be built on the larger parcel (where a house already exists), and one house to be built on Parcel A. Where that house on Parcel A will be built is up to the buyer. An audience member clarified with the planner that another house could be built on Troy Road (Parcel B). Planner Hutnik reviewed the easement this owner wants to put on the land, explaining how such will restrict development on the property to less than what the general zoning of the town allows while strongly conserving the northern part of the property into perpetuity. This, however, is a parallel process to the subdivision the Planning Board is reviewing today. Joel Gagnon, Town Supervisor and member of the Conservation Advisory Council (“CAC”) added that no further subdivisions will be permitted on the larger parcel once the easement is in effect. Another house can be built on the parcel, but it will all be on the same parcel. Hutnik put up the diagram of the lot and they reviewed the different zones and areas of the easement, emphasizing the uniqueness and biodiversity of the part that is restricted. Public hearing closed at 7:16 p.m. Planner Hutnik read a letter from 315 Troy Road expressing a concern about additional dwellings taxing the water table. Planner Hutnik explained that the water table is outside the purview of the Planning Board; there is no mechanism to require a property owner to prove that they have water available. He suggested to the applicant that he could do some test drills as a nice gesture. Cowan said that these costs are usually assumed by the buyer. Public hearing closed (again) at 7:20 p.m. MOTION: To approve Resolution 17 of 2024 granting preliminary and final approval to 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 Planning Board, acting as Lead Agency, did on August 20, 2024 make a Negative Declaration of Environmental Significance for the project; 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 from August 20 – September 3, 2024; 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.-1-1, by Adam and Carrie Kartman, Owners, subject to filing with the Tompkins County Clerk within 62 days. Moved by Davis, seconded by Bergman The motion passed. In favor: Bergman, Cowan, Davis, Scriber, Maher Maher told the applicants to reach out if they had any questions to Planner Hutnik about the process. 4. ADJOURNMENT The meeting ended at 7:21 p.m.