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HomeMy WebLinkAbout07-15-2025-Planning Board Minutes Mary Ann Barr 2021 Planning Board Minutes Tuesday 15 July 2025 at 7:00PM The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov PRESENT: Ed Bergman Colleen Cowan (arrived 7:04pm) Scott Davis Jody Scriber Jamie Vanucchi Kelly Maher ABSENT: Jacob Colbert OTHER ATTENDEES Town Planner: Greg Hutnik Recording Secretary: Cindy Katz Public (in-person): Leslie Connors (Board Member); John Czamanske (interim planner); Michael Nelson; Ann Michel ; Matt Wiese Public (Zoom): Ronda Roaring , Ted Crane, Pacific Austin, Joel Gagnon Katharine Hunter (1) CALL TO ORDER/AGENDA REVIEW The meeting was called to order at 7:01pm. • SPR 2021-03 (175 E Miller Road), an addition to the agenda, will be reviewed after the other two development app lications. (2) PRIVILEGE OF THE FLOOR Ronda Roaring expressed her desire that plans be submitted close to scale. She also would have liked to have had a link provided to minutes from the previous discussion on 175 E Miller. Roaring also inquired about the size of the garage in the application. Ted Crane: Crane also expressed his interest in the size of the garage at 175 East Miller, and his desire to read previous meeting minutes related to the application. Crane encouraged the board to carefully review what the previous intent of the decision reflected. The applicant choose to respond, explaining that there had been no change to the garage size, and reviewing the prior history of the application which included many appearances at the Planning Board as well as a lawsuit that was eventually settled in his favor, and required the plaintiff to never again object to anything on the applicant’s property. [3] APPROVAL OF MINUTES FROM JUNE 2025 MOTION: Approve the minutes from June 2025 Moved by Scriber, seconded by Maher The motion passed. In favor: Bergman, Davis, Scriber, Vanucchi, Maher Abstain: Cowan [4] TOWN BOARD LIAISON REPORT (VERBAL) • The Town Board is working to address the derelict houses in Tompkins County • Recent meeting with TJ Miller to discuss accessibility in Town Hall • John Czamanske will be filling for Planner Hutnik while he out Scriber expressed interest in involvement on Town Hall accessibility, and they discussed possible involvement and current plans. Maher asked about the United Way “Day of Action” at Dotson Park and nobody had information on it. [5] DEVELOPMENT REVIEW SUB 2025-01 64 V alley View Road Parcel: 17.-1-1.2 Applicant: Ann Michel Anticipated Board Action(s) this Month: Public Hearing, Consider App roval Zone: Hamlet Neighborhood SEQR Type: Unlisted Proposal: Minor Subdivision (one lot subdivided into two lots) Applicant Ann Michel spoke about the plan to divide off 7.1 acres on the other side of the highway so it will be its own lot. The survey was put on the large screen for viewing purposes. Public Hearing Public Hearing was opened at 7:15 pm No one spoke Public Hearing was closed at 7:16 pm MOTION: To Approve Planning Board Resolution #12 of 2025 granting final approval for a minor subdivi sion at 64 Valley View Road, tax parcel 17.-1-1.2 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. 17.-1-1.2, by Ann Michel, Owner; and Whereas the Applicant proposes to subdivide the existing 103.41 -acre property into two parcels: one measuring 7.19 acres and the other 96.22 acres; and Whereas the property is in the Hamlet Neighborhood Zoning District, which does not have a required minimum lot area, except that each new lot needs approval from the Tompkins County Whole Health Department for wastewater requirements at the time of development; a nd 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 #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 Planning Board, acting as Lead Agency, did on June 17, 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 July 15, 2025; and Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby grant Final Subdivision Approval to the proposed Minor Subdivision of Town of Danby Tax Parcel No. 17.-1-1.2, by Ann Michel, Owner, subject to filing with the Tompkins County Clerk within 62 days. Moved by Davis, seconded by Scriber The motion passed. In favor: Bergman, Davis, Cowan, Scriber, Vanucchi, Maher SUB 2025-02 365 Troy Road Parcel: 3.-1-9.3 Applicant: Hasham Q aisar Anticipated Board Action(s) this Month : Send Written Recommendation to BZA Concerning Variance; Environmental Determination; Schedule Public Hearing Zone: Low Density Residential Zone SEQR: Unlisted Proposal: Minor Subdivision (one lot subdivided into two lots) Maher asked for an update from the most recent Board of Zoning Appeals (“BZA”) meeting. At that meeting, the BZA agreed from the Planning Board to act as lead agency, and requested a written request from the P lanning Board for their recommendation on the application. Planner Hutnik explained the process for receiving an area variance from the BZA, noting the balancing questions the BZA uses in order to make their determination. He also noted that the applicant was not present. Maher solicited comments from board members and expressed her feeling that the board was leaning towards recommending approval. The board commented how they previously reviewed the neighborhood map , noting there are many similar lots and agreeing that the application would not change the character of the neighborhood. They discussed what a letter of recommendation to the BZA might include . Planner Hutnik mentioned that the plat may be conditioned to show riparian stream buffer, although such would not impact the variance itself. For instance, show the riparian stream buffer; he also wondered why the surveyor did not include the second dwelling unit (ADU) which was previously approved. Maher asked if there is a plan to build another house and they confirmed there is a plan to eventually build a house for there. They decided to do the environmental review first before making a motion to make a recommendation. SEQR They reviewed the SE AF Part 1 filled in by the applicant, and selected “mid successional” and “suburban” for question 14 which had been left blank. They re viewed part 2 and 3, looking over the language drafted by Planner Hutnik. MOTION: To Approve Planning Board Resolution #13 of 2025 Determining that a Subdivision at 365 Troy Road, Tax Parcel #3.-1-9.3 Will Result in No Significant Environmental Impact 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. 3.-1-9.3, by Hasham Qaisar, Owner; and Whereas the Owner proposes to subdivide the existing property into two parcels: one measuring approximately 2.0 acres and the other measuring approximately 1.81 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 an Area Variance for lot area reduction would be needed prior to subdivision approval; and Whereas this is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review; and Whereas the Board of Zoning Appeals and the Planning Board are involved agencies in the SEQRA process; and Whereas the Planning Board issued a Notice of Intent on June 17, 2025 to serve as Lead Agency in a coordinated environmental review; and Whereas the Board of Zoning Appeals passed a motion on June 24, 2025 stating that they have no concerns with the Planning Board serving as Lead Agency for SEQRA; 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; 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 “Subdivision Map N o. 365 Troy Road, Town of Danby, Tompkins County, New York” prepared by T.G. Miller, P.C., and dated 5/14/2025; 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 Cowan, seconded by Maher The motion passed. In favor: Bergman, Davis, Cowan, Scriber, Vanucchi, Maher The Planning Board and Planner worked together on crafting the language for the recommendation to the BZA. They noted that the final plat should include the fifty foot riparian buffer on the northern property line as well as the additional structure. MOTION: To Recommend that the BZA Approve an Area Variance and that the Final Plat Reflect the Changes Mentioned. Moved by Maher, seconded by Bergman The motion passed. In favor: Bergman, Cowan , Davis, Scriber, Vanucchi, Maher MOTION: To Schedule a Public Hearing on the Subdivision at 365 Troy Road for the August Planning Board Meeting with the Condition that an Area Variance is Granted by the BZA in July Moved by Maher, seconded by Scriber The motion passed. In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher SPR-2021-03-AMEND 175 E Miller Road Parcel: 7.-1-43.223 Applicant: Mike Nelson Anticipated Board Action(s) this Month: Review amendment to approved Site Plan, Consider Approval Zone: Rural 2 SEQR Type: Type II Proposal: Amendment to location of approved Single Dwelling Unit location Planner Hutnik noted to the P lanning Board that the history of this application is a bit complex and they should not feel pressured to make a decision today. The applicant, Mike Nelson, approached the Planning Board to explain his request to amend his site plan. He provided a history of previous approvals including an overview of the lawsuits filed by Mark Berger of the neighboring property in 2020. They established that the applicant is seeking approval to move the location of the not - yet-built house 35 feet towards the property line. He has already completed the work required regarding water movement and installed French drains, and his builders are ready to go. He also noted that the previous court settlement stipulates that neither Berger nor anyone from his family is permitted to oppose any work on his property. Maher asked about Berger’s property . They discussed how it was used as an Airbnb and is now a rental unit. The applicant’s other neighbors have not objected to his work, and the applicant believes that Berger opposed it previously due to racial bias. They viewed the aerial, and Chair Maher asked about the process going forward. Planner Hutnik reviewed the options: the amendment could be reviewed and approved tonight; the Planning Board could discuss it again at another future meeting; or they could elect to hold a Public Hearing at an additional meeting if they believed the neighborhood should be notified. He also noted that the zoning only requires a Public Hearing if the change to the site plan is deemed substantial. They discussed the request, commenting on how the set -backs are protecting solar panels and not a house. They discussed how the 35 foot change in location for the house seems like a minor change . They viewed the previous decisions from the BZA and Planning Board dictating “buildable area” and allotted set -backs and concluded that this ask was not substantial because it still easily meets the required front set-back and is therefore a minor change. MOTION: To Approve Resolution 14 of 2025 amending the site plan at 175 East Miller parcel # 7.-1-43.223. Moved by Cowan, seconded by Bergman The motion passed. In favor: Bergman, Cowan, Davis, Scriber, Vanucchi, Maher They discussed that when the applicant files for a building permit they will reference the amended site plan, signed by Chair Maher. [6] ZONING AMENDMENTS PROPOSED BY REGULATORY REVIEW COMMITTEE The Planning Board reviewed a document on proposed amendments to the Hamlet neighborhood , discussing the process and offering their feedback on the design guidelines as well as other various proposed changes. They agreed that the document is not yet ready to be reviewed by the Town Board, and will continue to comment on it potentially at the next meeting or via email. [7] PLANNER REPORT (VERBAL) • John Czamanske will be working part -time to cover for Planner Hutnik while he is away. • A kick-off meeting with the engineer to discuss what forming a sewer district would entail will take place this week. [8] ADJOURNMENT The meeting adjourned at 8:58 pm.