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HomeMy WebLinkAbout02-18-2025- Planning Board Minutes Mary Ann Barr 2021 Planning Board Minutes Tuesday 18 February 2025 at 7:00PM The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov Minutes PRESENT: Ed Bergman (arrived 7:11pm) Jacob Colbert Colleen Cowan Scott Davis Jodi Scriber Jamie Vanucchi Kelly Maher (Chair) OTHER ATTENDEES: Town Planner: Greg Hutnik Recording Secretary: Cindy Katz Public (in-person): Devon Jenkins; Kyle Colbert Public (virtual): Ted Crane; Ronda Roaring; Laura Hayes; Ann P; 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 7:01 pm. There were no additions or deletions to the agenda. (2) PRIVILEGE OF THE FLOOR Roaring requested an explanation regarding the indicated archaeological site on the Nelson parcel. Crane expressed approval with how things are developing regarding the Jersey Hill cluster, though he regrets how long it is taking. He requested that Colbert sit with the public during the discussions and not at the same table at the Planning Board. Planner Hutnik addressed Roaring’s question. He explained that question 12b on the SEAF Part 1 which asks if the project site, or any portion of it, is “located in or adjacent to an area designated as sensitive for archaeological sites on the NYS Historic Preservation Office (SHPO) archaeological site inventory” was marked “yes.” He pulled up New York State’s Cultural Resource Information System website, which is a database of the state’s archaeological and historic resources, and reviewed the search results for the parcel and surrounding area. He stated his belief that the response came back “yes” to question 12b because of an “eligible” status of an adjacent property (1240 Danby Rd). With this in mind, the Planning Board is asked to evaluate the potential archaeological impact of this application on any nearby site. Planner Hutnik reviewed the criteria for a large or moderate impact, and stated such are not met in this particular case. Therefore, the impact is none or small, and no further analysis is required. (3) APPROVAL OF MINUTES MOTION: Approve the January 2025 minutes Moved by Cowan, seconded by Bergman The motion passed. In favor: Bergman, Colbert, Cowan, Davis, Scriber, Vanucchi, Maher (4) TOWN BOARD LIAISON REPORT (verbal) Town Supervisor Joel Gagnon gave the report as Connors was not present.  The board will likely pass a tax exemption extension for Cold War veterans.  The town is considering options for what to do with an old barn on Bald Hill Road that is owned by the town.  Paul Hansen is stepping down from the Town Board and a new board member will be appointed.  The town continues to look for a path forward in regards to the non-functioning EV charger at Town Hall  The town is also exploring potential ways for the town hall to be more energy efficient. Crane asked if the charging station would be free or if it would benefit a company? Gagnon answered that it’ll probably be a hybrid approach, using a combination of subsidies and investor funds. (5) DEVELOPMENT REVIEW SUB 2024-09 20 Nelson Road Parcel: 2.-1-17.32 Applicant: Amelia Lefevre/Ithaca Waldorf School Anticipated Board action(s) this month: Public Hearing; Determine Environmental Significance for SEQRA; Final Action Zone: Rural 2 SEQR Type: Unlisted Proposal: Minor subdivision of 1 lot to 2 lots. SEQR Planner Hutnik and the Planner Board considered Part II of the Short Environmental Assessment Form (SEAF), and it was agreed that the answer was “no or small impact may occur” to all questions. MOTION: To Pass Resolution 3 of 2025: The proposed Minor Subdivision at 20 Nelson Road, (parcel 2.-1-17.32) will result in no significant impact on the environment. 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. 2.-1- 17.32, by Amelia Lefevre, Applicant, for Ithaca Waldorf School, Owner; and Whereas the Owner proposes to subdivide the existing property into two parcels: one parcel measuring approximately 10 acres each and the second measuring approximately 72 acres; and Whereas the property is in the Rural 2 Zoning District, requiring a lot area minimum of 10 acres and lot depth of 600 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 January 21, 2025; 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 Applicant, and Part 2, prepared by the Planning Administrator; a subdivision plat entitled “Minor Subdivision Map for Waldorf School of the Finger Lakes, Town of Danby, Tompkins County, New York” prepared by T.G. Miller, P.C., and dated 11/30/2006 and Revised on 1/2/2025; 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 Davis, seconded by Scriber. The motion passed. In favor: Bergman, Colbert, Davis, Scriber, Vanucchi, Maher Abstain: Cowan Public Hearing The public hearing opened at 7:24pm. Ronda Roaring: Roaring said she would like to see the planner and town take advantage of money that is available for archaeological buildings. She expressed concern about potential damage to any “Indian homesteads” that she wonders might exist in that area. She also questions if there truly is a “three rod right of way” present, as written by TJ Miller in the survey. Planner Hutnik noted a three rod right-of-way would be in the deed. Devon Jenkins (67 Nelson Road): Jenkins expressed a desire that the current farmland remain farmland. The Planning Board discussed various future scenarios where conditions could be placed on land. The Applicant explained that the youth farm project is moving off the land and the Waldorf School is considering taking over the u- pick farm there. The school also hopes to develop their own farm program. Supervisor Gagnon commented that surveyors can muddle things by indicating three rod rights-of-way when there is no legal basis for one. Jenkins stressed that they are highly supportive of the school and love living next to it. The Applicant invited Jenkins and others to events at Waldorf. The public hearing was closed at 7:43p.m. Approval MOTION: To Pass Planning Board Resolution No. 4 of 2024 – Granting Preliminary and Final Plat Approval, Minor subdivision, 20 Nelson Road, Tax Parcel #2.-1-17.32 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. 2.-1- 17.32, by Amelia Lefevre, Applicant, for Ithaca Waldorf School, Owner; and Whereas the Owner proposes to subdivide the existing 82-acre property into two parcels: one parcel measuring approximately 10 acres each and the second measuring approximately 72 acres; and Whereas the property is in the Rural 2 Zoning District, requiring a lot area minimum of 10 acres and lot depth of 600 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 February 18, 2025 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 on February 18, 2025; 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 No. 2.-1-17.32, by Amelia Lefevre, Applicant, for Ithaca Waldorf School, Owner, subject to filing with the Tompkins County Clerk within 62 days. Moved by Davis, seconded by Bergman The motion passed. In favor: Bergman, Colbert, Davis, Scriber, Vanucchi, Maher Abstain: Cowan Planner Hutnik reviewed the remaining process with the applicants in regards to filing with the county. SUB 2024-10 60 Jersey Hill Road Parcel: 1.-1-21 Applicant: Jacob Colbert Anticipated Board Action(s) this Month: Discussion, Sketch plat review Zone: Rural 1 SEQR Type: Unlisted Proposal: Cluster subdivision of 1 lot to 2 lots; cluster development Discussion: Chair Maher reviewed the purpose of the discussion to provide feedback to the applicant in preparation of the final approval. They discussed the potential timeline for approval. Planner Hutnik shared the sketch on the large screen, and reviewed what was shown, pointing out a six-hundred-foot required separation distance between existing homes and new primary structures in the cluster subdivision. This required separation distance from the home at 57 Jersey Hill Road will therefore impact development potential of the parcel. Planner Hutnik wondered if the Applicant may therefore wish to change the configuration of the lot. Davis asked if the Planning Board had the authority to remove or reduce this six- hundred-foot requirement. Or recommend an easement from the BZA? They considered previous cases and how they were both similar and different. Cowan pointed out that requiring the six hundred feet in this instance means a heavier ecological impact; this seems in conflict with other guidelines and considerations. They discussed various conditions that could be placed, including limiting the number of dwelling units on the developable land to five. Vanucchi questioned if this was too restrictive, and Cowan agreed it was not great for a property owner. Davis wondered if the smaller lot would make it more affordable though? They continued to explore potential configurations, and the Applicant said he would discuss options with his cousin. They discussed other potential conditions including various allowed uses (i.e. farming, forestry) and the health department’s level of involvement with a septic system. Do they want to require that all the potential future lots be delineated at the time of this subdivision, or can they leave that for if/when it becomes relevant in the future? They considered what was previously done with the 256 Bruce Hill Road Cluster. Cowan wondered if the configuration currently under discussion by the board (ten acres of the lot made developable and the other fifty acres left as open space) was suggested by the board or by the applicant. Planner Hutnik clarified that there is no percentage required to remain open space in this case, and he believes he himself suggested the number ten as a "shot in the dark." He noted that the board and the applicant could negotiate on this, as it is in the interest of the applicant to retain his development rights. The applicant said he would discuss such with family and get back to the Board. They again discussed if the six hundred foot required separation could be reduced. Crane expressed concern that the Planning Board is working more in the interest of the Applicant and less in the interest of Danby. He didn’t understand how the Planning Board could change this six-hundred-feet required distance; this seems like it needs to happen at the BZA. Supervisor Gagnon pointed out the thinking behind the six hundred feet separation as a way to balance tight development with retention of rural character. Planner Hutnik read aloud from the Cluster Subdivision Law in order to demonstrate the right of the Planning Board to modify aspects of it. (6) DESIGN CONNECT The speakers for the design connect portion of the meeting were not present on Zoom. (7) PLANNER REPORT (verbal)  The planner had a site visit last week with Design Connect project at the Dobson property. Another one is scheduled for later that week, and there will be a public engagement session on March 5th at Danby Food and Drink. They anticipate a final presentation from the students in May.  They are continuing to explore the sewer project grant.  A new homeowner rehabilitation grant is underway with Thoma as the consultant.  The Regularly Committee Review is continuing to meet and discuss what tweaks can be made to the zoning law.  The Planning Board discussed their mandate to try to balance between preservation of the land in the town and the need to allow for housing development and options. (8) ADJOURNMENT The meeting adjourned at 8:50 p.m.