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HomeMy WebLinkAbout03-18-2026-Planning Board-Minutes-Final Mary Ann Barr 2021 Planning Board Minutes Wednesday 18 March 2026 at 7:00PM The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov MINUTES PRESENT: Ed Bergman Jacob Colbert Scott Davis Jody Scriber Kelly Maher EXCUSED: Jamie Vanucchi Colleen Cowan OTHER ATTENDEES: Town Planner: Greg Hutnik Recording Secretary: Cindy Katz Public (in-person): Leslie Connors (Town Board member), Zach Larkins (Town Board member), Satya Stainton, Crystal Buck (Cooperative Extension) Public (virtual) Ted Crane, Ronda Roaring, Hamsa Stainton, Jeff, Joel Gagnon (Town Supervisor) 1. CALL TO ORDER/AGENDA REIVEW The meeting was called to order at 7:02PM. A review of the new zoning amendments -- as approved last night by the town board -- was added to the agenda. 2. PRIVILEGE OF THE FLOOR Crane asked for people to speak into the microphone. No one else spoke. 3. APPROVAL OF MINUTES MOTION: Approve the minutes from the February 2026 meeting. Moved by Davis, seconded Colbert The motion passed. In favor: Colbert, Davis, Scriber, Maher Abstain: Bergman 4. TOWN BOARD LIAISON REPORT (verbal) - Plans for the skate park continue. It won’t be at Dotson Park. - The Town Board is currently considering Flock cameras and if Danby will allow them. The county sheriff is coming to the next town meeting to discuss. - FLAIR project - The town is considering banning data centers. A public hearing is set for April 7th to discuss the amendments to the zoning law that would do this. 5. DEVELOPMENT REVIEW SUB 2026-01 1537 Danby Rd (adjacent to) Parcel: 7.-1-25.1 Applicant: William Robinson Zone: Low Density Residential SEQR: Unlisted Proposal: Subdivide 11.07-acre lot into two lots: one approx. 5.89 acres; the other approx. 5.18 acres Anticipated Board Action the Month: SEQR; Public Hearing, Consider Final Approval The planner pointed out that the applicant was not present and that the plan had not changed. He shared the plat on the large screen, and Chair Maher reviewed the expected process for the evening. Planner Hutnik noted that this application is for the lower density residential zone, that the request is in compliance with the requirements of the zone, and that the owner may do a small land annexation in the future, but that is unrelated to this subdivision. SEQR Planner Hutnik shared Part 1 of the Short EAF, filled in by the owner, stating it had not changed since the previous review. Planner Hutnik reviewed that any development near the stream would have to go back to the Planning Board. He also noted that the question on the flora of the parcel (#15) had not been filled out previously but now was (though it seemed the most current version had not yet been uploaded to the digital folder). They moved on to the SEAF Part 2, where all the answers were “no or small impact may occur.” MOTION: To Approve Planning Board Resolution #4 of 2026-Determination of Negative Environmental Significance, minor subdivision, Tax Parcel #7.-1-25.1 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. 7.-1-25.1, by William Robinson, Owner; and Whereas the Owner proposes to subdivide the existing property into two parcels: Parcel A measuring 5.89 acres and Parcel B measuring 5.18 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; 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 declared itself Lead Agency on February 18, 2026; 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 “Survey Map No. 1537 Danby Road, Town of Danby, Tompkins County, New York” prepared by T.G. Miller, P.C., and dated 2/24/2014 and Revised on 2/24/2026”; 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. Move by Bergman, seconded by Maher The motion passes In favor: Bergman, Colbert, Davis, Scriber, Maher Public Hearing: The public hearing was opened at 7:18PM. No one spoke The public hearing was closed at 7:19PM. Approval MOTION: To Approve Planning Board Resolution #5 of 2026 Granting Preliminary and Final Plat Approval, minor subdivision, tax parcel #7.-1-25.1 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. 7.-1-25.1, by William Robinson, Owner; and Whereas the Owner proposes to subdivide the existing property into two parcels: Parcel A measuring 5.89 acres and Parcel B measuring 5.18 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 declared itself Lead Agency on February 18, 2026; 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 March 18, 2026 make a Negative Declaration of Environmental Significance for the project; and Whereas the Planning Board held the required Public Hearing on March 18, 2026 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. 7.-1-25.1, entitled “Survey Map No. 1537 Danby Road, Town of Danby, Tompkins County, New York” prepared by T.G. Miller, P.C., and dated 2/24/2014 and Revised on 2/24/2026”, subject to filing with the Tompkins County Clerk within 62 days. Moved by Scriber, seconded by Colbert The motion passed. In favor: Bergman, Colbert, Davis, Scriber, Maher SUB 2026-02 133 Jersey Hill Rd Parcel: 8.-1-4.2 Applicant: Satya Celeste & Hamsa Stainton Zone: Rural 1 SEQR: Unlisted Proposal: Subdivide 56.95-acre lot into two lots: Parcel A being 20 acres; Parcel B being 36.84 acres Anticipated Board Action the Month: SEQR Determination; Public Hearing; Consider Final Approval Chair Maher reviewed the application for the subdivision in Rural 1 with one lot being twenty acres, and another 36.5 acres. Planner Hutnik shared the plat on the large screen and the applicant explained they decided to keep it simple by making the second lot a twenty acre flag lot, thus not requiring a cluster subdivision. Davis asked about frontage requirements and Planner Hutnik explained that the most recent zoning law does not have a frontage requirement. They reviewed the SEAF Part 1, and Planner Hutnik pointed out that the surveyor updated the total acreage to 56.95 acres (instead of 56.84) and therefore they need to be sure to update that number on the form. He added “forest” and “rural” to question #5. They looked over the rest of the form, and moved on to Part 2, where all the questions were checked as “no or small impact.” MOTION: To Approve Planning Board Resolution No. 6 of 2026 – Negative Determination of Environmental Significance, Minor Subdivision, 133 Jersey Hill Road, Tax Parcel #8.-1-4.2 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.-1-4.2, by Satya Celeste and Hamsa Stainton, Owners; and Whereas the Owners proposes to subdivide the existing 56.95-acre property into two parcels: Parcel A measuring 20 acres and Parcel B measuring approximately 36.95 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 has sole responsibility for approving Minor Subdivisions and declared itself Lead Agency on February 18, 2026 for purposes of SEQR; 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 “Final Subdivision Plat for Lands of Hamsa & Satya Stainton Located at No. 133 Jersey Hill Road, Town of Danby, Tompkins County, New York” prepared by T.G. Miller, P.C., and dated 3/3/2026; 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 Bergman The motion passed. In favor: Bergman, Colbert, Davis, Scriber, Maher Public Hearing The public hearing opened at 7:27PM No one spoke. The public hearing closed at 7:27PM Approval MOTION: To Approve Planning Board Resolution No. 7 of 2026 - Preliminary and Final Approval, Minor Subdivision, 133 Jersey Hill Road, Tax Parcel #8.-1-4.2 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.-1-4.2, by Satya Celeste and Hamsa Stainton, Owners; and Whereas the Owners proposes to subdivide the existing 56.95-acre property into two parcels: Parcel A measuring 20 acres and Parcel B measuring approximately 36.95 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; Whereas the Planning Board, acting as Lead Agency, did on March 18, 2026 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 March 18, 2026; and Now Therefore, be it Resolved that the Town of Danby Planning Board on March 18, 2026 does hereby grant Preliminary and Final Subdivision Approval to the proposed Minor Subdivision of Town of Danby Tax Parcel No. 8.-1-4.2, entitled “Final Subdivision Plat for Lands of Hamsa & Satya Stainton Located at No. 133 Jersey Hill Road, Town of Danby, Tompkins County, New York” prepared by T.G. Miller, P.C., and dated 3/3/2026”, subject to filing with the Tompkins County Clerk within 62 days. Moved by Colbert, seconded by Bergman The motion passed In favor: Bergman, Colbert, Davis, Scriber, Maher They paused for the chair to sign the four plats. 6. AG DISTRICT OPEN ENROLLMENT DISCUSSION WITH CRYSTAL BUCK Buck began at 7:30, explaining there are two requests by landowners to be added as an Ag District in Danby, and stating her desire to review those requests and also provide an overview of the purpose of agricultural districts. Ag districts support agriculture in the following ways:  Protect commercial farms from nuisance lawsuits  Protect farms from “unreasonably restrictive local regulations”  Requires that anyone purchasing land in an Ag District is told of such during the buying process  Restricts the amount of land assessed if there is a “new benefit assessment district” (like a sewer district) that extends into an ag district  A review process (“Notice of Intent”) is triggered to reduce impact on agriculture if public funding is being used in a project Davis asked for clarification between neighbor notifications requirements and the notice of intent trigger notifications, which go to the farm owners (and not neighbors). There are two ag districts in Tompkins County. There is a comprehensive review of them every eight years they get reviewed. Three years ago they did one, and next year they are doing another one. That is when properties can be removed, but every year there is a time to review if new areas can be added at owner’s request. This year, two property owners requested to be added. They reviewed the request from Steve Selin to add 19.68 on West King Road. This land is adjacent to his operating farm that is already in the ag district. Buck gave an overview of the process, explaining she is seeking their input which she will then bring to the county’s Ag and Farmland Protection board. There will be a public hearing in May, and then it goes to the county legislature for final adoption. The guidance from the state is that they are looking for “predominantly viable agricultural land” to add. It does not necessarily need to be in active or commercial agriculture, but it does have to be predominantly viable ag land. They shared the aerial view showing the requested properties, and discussed the reasoning for the requests. Selin was surprised to learn that this parcel was not already in the district, as it is part of his agricultural operation, and therefore requested it be added to the rest of his property in the district. Planner Hutnik pointed out the location of the cidery and other features on the land. They reviewed the soil maps provided by Buck. Connors asked if there are any plans for solar in this area related to the FLAIR project. Buck did not know. They agreed that the soil seemed appropriate and it made sense to include this portion, as most of his operation is already in the district. They reviewed the request at 2016 Danby Road, which the board saw a few years ago in regards to the house. Buck commented that the owner is interested in her own farming, and she is also leasing out land to a small veg farm and as well as a tree nursery, with the goal of continuing to expand the operation. Chair Maher commented that this land looks less favorable but Buck said a lot could still be done with it. Crane asked about the plan for older parcels that are no longer viable for farming. Buck noted the benefit of maintaining a block of parcels as a way to ensure that neighbors receive notifications, but also explained that they remove lots where the zoning was no longer compatible with an agricultural district. Crane stated his concern about people taking advantage of ag district status. 7. DISCUSSION ON ZONING AMENDMENTS AS RELATED TO DATA CENTERS AND CRYPTOMINING Planner Hutnik explained that these amendments are being proposed as an addition to the other proposed amendments to the zoning law (which the Planning Board has already reviewed). He read out loud from the proposed amendments. Their addition will expand the purpose of the amendments to not only modify the standards to the Hamlet Center and Hamlet Neighborhood Zones but would now also define datacenters and cryptocurrency facilities and then take no action to include such uses in any zone in Danby. Bergman wondered about the distinction between a home business or operation and a data center. Planner Hutnik reviewed the recent events in Lansing in regards to a proposed data center. What was proposed, what the zoning said, how the case was made, and what the BZA ruled. They reviewed the language in the amendments. They agreed with the intent of the amendments to keep data centers and cryptocurrency mining out of the town, but they wondered if the language could be limiting to computer-related local businesses and operations. MOTION: To Pass Resolution 8 of 2026 supporting the draft in its intent to the Town Board for adoption. Moved by Maher Scriber asked if it can be reviewed every few years for any changes, since things are moving and changing very fast. Planner Hutnik thought that can always be done, as the zoning law can always be reopened and amended. They continued to discuss concerns about the amendments potentially inadvertently limiting small, local, or home businesses. Planner Hutnik suggested exploring this question and asking Dryden how they have addressed it. They looked over the language in the current law regarding home business use, and discussed what can be seen in in regards to computers, servers, data processing, and electrical demand in businesses or in home use. MOTION: To amend and Pass Resolution 8 of 2026 Giving Generally Favorable Support to the Intent of the Town Board's Amendments to the Zoning Law Regarding Data Centers and Crypto Mining While Expressing a Desire for Clarification Regarding Home Occupation and Small Internet Based Services. Seconded Bergman The motion passed. In favor: Bergman, Colbert, Davis, Scriber, Maher 8. PLANNER REPORT  CBDG program being rolled out in the next month  Special event law still being worked on 9. ADJOURNMENT The meeting adjourned at 8:21PM.