HomeMy WebLinkAbout2024-10-29 Planning Board Minutes
Mary Ann Barr 2021
Planning Board Minutes
Tuesday 29 October 2024 at 7:00PM
Town of Danby Planning Board
Minutes of Regular Meeting
October 29 2024
PRESENT
Ed Bergman (arrived 7:05)
Colleen Cowan
Scott Davis
Jody Scriber
Jamie Vanucchi
Kelly Maher (chair)
ABSENT:
Jacob Colbert
OTHER ATTENDEES:
Town Planner: Greg Hutnik
Recording Secretary : Cindy Katz
Public (in person): Leslie Connors (Town Board members); Nicole Haddad;
John Caito
Public (virtual): Joel Gagnon
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 p.m.
Planner Hutnik explained that he added a site plan review agenda item for a cannabis
retail shop just that day. Because of how the state is involved in these endeavors, there
is little for the Planning Board to do in this application. Today they will schedule the
public hearing and take a look at the proposed site plan.
(2) PRIVILIEGE OF THE FLOOR
No one spoke
(3) APPROVAL OF MINUTES (September 3 SPECIAL Meeting and September 17th
Meeting)
MOTION : Approve September 3 meeting minutes and September 17th meeting minutes.
Moved by Cowan, seconded by Vanucchi
The motion passed .
In favor: Cowan, Davis, Scriber, Vanucchi, Maher (Bergman had not yet
arrived)
(4) TOWN BOARD LIAISON REPORT
None given.
(5) DEVELOPMENT REVIEW
SUB -2024-07 201 Jersey Hill Parcel: 8.-1 -15.2 Applicant: Nicole Haddad
Anticipated Board Action(s) this Month: SEQR Determination; Public Hearing; Final Plat
Review
Zone : Rural 1 SEQR: Unlisted
Proposal: Minor subdivision of 1 lot to 2 lots
Public Hearing
No one spoke.
Public hearing was closed at 7:03 p.m.
SEQR
Planner Hutnik put the SEAF Part 1 up on the screen and pointed out that the total
acreage to be disturbed should be changed to “0” instead of “10.”
The Planning Board reviewed the prepared resolution making a negative determination
of environmental significance.
MOTION : To approve Planning Board Resolution 20 of 2024 making a negative
determination of environmental significance on a minor subdivision at 201 Jersey Hill
Road, tax parcel 8.-1-15.2
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. 8.-1-15.2, by Nicole Haddad, Applicant; and
Whereas the Applicant proposes to subdivide the existing 70 -acre property into
two parcels: one measuring 10 acres and the other measuring 60 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 State Environmental Quality Review
Act and is subject to environmental review; and
Whereas the Town of Danby Planning Board, having sole responsibility for
approving Minor Subdivisions, declared itself Lead Agency on September 17,
2024; and
Whereas this Board, acting as Lead Agency in environmental review accepts as
adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by
the Owner, and Part 2, prepared by the Planning Administrator; a subdivision plat
entitled “Map of Part of La nds of Julie Brannon Located at Jersey Hill Road, Town
of Danby, Tompkins County, New York” prepared by Twin Tiers Land Surveying,
and dated 9/30/2024; 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 Cowan motion, seconded by Scriber
The motion passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
Approval
The Planning Board reviewed the plat and looked over the prepared resolution.
MOTION : To Approve Planning Board Resolution 21 of 2024 Granting Preliminary and Final
Approval to Minor Subdivision at 201 Jersey Hill Road, Tax #8.-1 -15.2
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. 8.-1-15.2, by Nicole Haddad, Applicant; and
Whereas the Applicant proposes to subdivide the existing 70 -acre property into
two parcels: one measuring 10 acres and the other measuring 60 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 October 29, 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 October 29, 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. 8.-1-15.2, by Nicole Haddad, Applicant, subject to filing
with the Tompkins County Clerk w ithin 62 days.
Moved by Bergman, seconded by Cowan
The motion passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
Planner Hutnik reviewed the next steps with the applicants, including with the county clerk.
SUB-2024-08 202 Jersey Hill Road Parcel: 8.-1-2 Applicant: Caleb Colbert
Anticipated Board action(s) this month: Sketch Plan Review
Zone: Rural 1 SEQR Type: Unlisted
Proposal: Minor subdivision of 1 lot to 2 lots
The applicant was not present. Planner Hutnik commented that he is the brother of
Planning Board member Jacob Colbert. Therefore, had Colbert been present, he would
have to recuse himself.
Planner Hutnik clarified the location of the parcel using Google maps on the large
screen. He summarized the request for ten acres, with an existing house on it, to be
carved out of a larger parcel. The larger parcel will remain agricultural land, possibly
with a house to be built on it at a later date. Planner Hutnik reviewed the requirements
of the zoning, which have been met.
MOTION: To Approve Resolution 22 of 2024 Declaring the Planning Board Lead
Agency for a Minor Subdivision at 202 Jersey Hill Road, Tax Parcel 8.-1-2.
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. 8.-1-2, by Caleb Colbert, Applicant, for Colbert Family Farms, LLC, Owner; and
Whereas the Applicant proposes to subdivide the existing 87 -acre property into
two parcels: one measuring 10 acres and the other measuring 77 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. 8.-1-2, by Caleb Colbert, Applicant.
Moved by Cowan, seconded by Vanucchi
The motion passed.
In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher
They looked over SEAF Part 1 and Planner Hutnik changed questions nine, ten, and eleven to
N/A and added “no” to the floodplain question (question sixteen).
They scheduled a public hearing on this application for the November 19 th 2024 meeting.
SPR 2024-04 1429 Danby Road Parcel: 2.-1-37 Applicant: Eric Dixon
Anticipated Board action(s) this month: Schedule Public Hearing
Zone: Commercial C SEQR Type: Type 2
Proposal: Renovate existing building for cannabis retail shop
The applicant was not present. The Planning Board and Planner Hutnik reviewed the
explanation provided by the applicant as well as the drawing and photos . They felt they
needed more details on the length of the parking spaces, specifically how much space is
present from the back of the parking stalls to the edge of the pavement. They also
wanted to know which door will be the front entrance, and sought clarification on ADA
accessibility. They discussed what type of signage is permitted and clarified this
business is only retail ; cannabis will not be consumed on site.
They discussed the role of New York’s Office of Cannabis Management (“OCM”) in
overseeing the establishment, and how this can limit the role the town play s in
conditioning or regulating the business. Planner Hutnik said he would look further into
understanding what sort of “pre-exemptions” the OCM provides, but this likely
includes things like lighting and odor management and may include other things like
fencing. Planner Hutnik clarified to Bergman that the establishment can be opened by
right, but the town can condition it in areas that are not controlled by the OCM.
(6) REGULATORY REVIEW COMMITTEE
Planner Hutnik passed out the town’s comprehensive plan along with its goals. He
stated that while they do not have a full strategy yet for updating the plan , he suggests
the Planning Board start by analyzing which goals have been achieved and which have
not.
Planner Hutnik explained that the Town Board created a regulatory review committee
to review what can be tweaked in the zoning ordinance , as is common after a new law
has been passed. He wondered if the Planning Board members might want to be
involved in this committee. It would meet monthly, although the details are still to be
determined. He suggested there isn’t bandwidth to do both the regulatory review and
the comprehensive plan update at once. He thought it could make sense to start with
the regulatory process at the beginning of the year, since what comes out of that may
help inform the work on the comprehensive plan.
Some Planning Board members expressed openness to join the committee if it meets
during the day. Vanucchi wondered how many items there might be to change ?
Planner Hutnik guessed around a dozen, but some things might be easy to change , and
other things might require more community conversation.
They continued to discuss potential processes for these tasks and discussions , as
requested by Planner Hutnik. He explained how originally, he thought to allocate time
at the end of the Planning Board meetings for discussion on the comprehensive plan,
but so far the meetings have been too packed for such.
They discussed how a plan for involving the public would be needed, and also
suggested contacting former Planning Board members. They noted the idea that
different Planning Board members could approach the Comprehensive Plan through a
different lens. For instance, Scriber is interested in senior housing and childcare, and
Davis is interested in affordable housing.
(7) PLANNER REPORT
No report provided.
(8) ADJOURNMENT
Meeting adjourned at 7:57 p.m.