HomeMy WebLinkAbout04-15-2026-Planning Board-Minutes Final
Mary Ann Barr 2021
Planning Board Minutes
Wednesday 15 April 2026 at 7:00PM
The Town of Danby
1830 Danby Road
Ithaca, NY 14850
danby.ny.gov
PRESENT:
Ed Bergman
Colleen Cowan
Jody Scriber
Jamie Vanucchi
Kelly Maher
ABSENT:
Jacob Colbert
OTHER ATTENDEES
Town Planner Greg Hutnik
Recording Secretary Cindy Katz
Public (in person) Leslie Connors, Zachary Larkins, Ted Crane, Kate Riley
(Fingerlakes Land Trust), Kerry Johnson, Pacific Austin
MINUTES
This meeting was conducted in person with 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
Ted Crane is pleased to see that the easement is being considered.
3. APPROVAL OF MINUTES FROM MARCH 2026
The Planning Board did not vote on the minutes because they did not have enough
people who would be able to approve it.
4. TOWN BOARD LIAISON REPORT (VERBAL)
Connors spoke, not as a representative of the board but as a representative of herself:
She would like people to know that Supervisor Gagnon has told the board that he
respects the decision of the Tompkins County Ethics Committee and that many people
see a conflict of interest here [in regards to Gagnon seeking to hire his tenant for the
assistant to the Supervisor]. There will be a meeting tomorrow and this will be
discussed.
5. DEVELOPMENT REVIEW
SUB 2026-03 400 Gunderman Road Parcel: 8.-1-26 Applicant: Finger Lakes Land Trust
on behalf of Catherine Darrow (Owner) Zone: Rural 1 SEQR: Unlisted Proposal:
Subdivide 124-acre lot into two lots: one approx. 41 acres; the other approx. 83 acres
Anticipated Board Action: Declare Lead Agency for SEQRA; Review Application;
Schedule Public Hearing
Chair Maher reviewed the anticipated process for the evening. Kate Riley from the
Fingerlakes Land Trust explained this is not an easement, although it is “in the name of
conservation.” This request is for a subdivision on land along the headwaters of Lick
Brook. After the subdivision, the owner of the land will be able to donate the land to the
land trust.
They reviewed the aerial view. Although no road frontage is required, the applicants
elected to have a little in order to allow for easier access. They discussed the purpose of
the wedge at the north part of the parcel as a potential future path towards purchasing
additional land in the future.
MOTION: To Pass Resolution No 9 of 2026 Declaring Lead Agency, Minor Subdivision,
400 Gunderman Road, Tax parcel 8.-1-26
Moved by Cowan, seconded by Maher
Discussion: Planner Hutnik asked for assistance with the appropriate language for the
resolution if this was not actually an easement. The applicant replied that the land will
owned in “in fee title” and perpetually conserved. They edited the language of the
resolution to reflect as such.
Planning Board Resolution No.9 of 2026 – Declaring lead agency, minor
subdivision, 400 Gunderman Road, Tax Parcel #8.-1-26
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.-1-26, by the Finger Lakes Land Trust, applicant, on behalf of
Catherin Darrow, owner; and
Whereas the applicant proposes to subdivide the existing 124.1-acre property
into two parcels: one measuring approximately 40.7 acres to be owned by the
Finger Lakes Land Trust and the other measuring approximately 83.4 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 on April 15, 2026 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.-1-26, by the Finger
Lakes Land Trust, applicant, on behalf of Catherin Darrow, owner.
The motion passed.
In favor: Bergman, Cowan, Scriber, Vanucchi, Maher
MOTION: To schedule a Public Hearing at the May meeting for a subdivision
400 Gunderman Road, Tax Parcel #8.-1-26
Moved by Maher, seconded by Vanucchi
The motion passed.
In favor: Bergman, Cowan, Scriber, Vanucchi, Maher
SEQR will take place in May.
SPR-2026-01 00 Deputron Hollow Road Parcel: 12.-1-13.4 Applicant: Keri Johnson
Zone: Rural 1 (with Overlay Zones) SEQR: Type II Proposal: Construct single dwelling
unit Anticipated Board Action: Review Sketch Plan; Schedule Public Hearing
Applicant Kerry Johnson explained to the board that this development is still
contingent on many factors, including septic, the subdivision, whether or not the site is
buildable and more. The applicant is looking to downsize to a 600 square foot house.
She is looking to clean up the land and steward it, as it needs a lot of TLC, and has three
generations of waste on it. The applicant wishes to improve conditions for the creek,
protect the riparian buffer, all while behaving in an environmentally responsible way
that utilizes the natural constraints of the land.
Applicant is currently working with a number of agencies to assess the needs and
potential future development of the project. She feels she needs approval here in order
to go forward. The project will require a lot of clean-up but it will be a “labor of love.”
Planner Hutnik clarified the parcel’s location on a Rural 1 existing lot, adding that it still
needs Site Plan Review and that the Habitat and Riparian Overlay will also need to be
considered. He mentioned that the Planning Board could grant a waiver for crossing the
stream, and that there is a logical place for building which also happens to line up with
where development is permitted. They briefly discussed potential and/or known
locations of utilities (the applicant is waiting for information about the septic from the
health department), the good quality soil, if the Planning Board could visit the site, and
the large task of cleaning it up. Planner Hutnik commented on the benefit of having
someone come in to build a modest house and then clean up the property as a real
added value and Chair Maher wondered if grant money could be received for clean-up.
Connors suggested surveying neighbors for what they may know about the history of
the property.
MOTION: To Schedule a Public Hearing for the May Planning Board Meeting for Site
Plan Review at 00 Deputron Hollow Road Parcel: 12.-1-13.4
Planner Hutnik added that the site plan can always be conditioned on health
department approving the septic.
Moved by Cowan, seconded by Bergman
The motion passed.
In favor: Bergman, Cowan, Scriber, Vanucchi, Maher
SPR-2026-02 15 Bald Hill Road Parcel: 10.-1-39 Applicant: Town of Danby
Proposal: Construct a public skate park Zone: Hamlet Neighborhood SEQR: Unlisted
Anticipated Board Action: Sketch Plan Review
Planner Hutnik explained that he recently learned that government agencies, like the
Town Board, can be exempt from local land use regulations and therefore they could
request from the Planning Board that they be exempt from site plan review. He also
explained that the action is currently listed as “unlisted”-- but if the town decides to
designate the land as a “park,” it would be classified as a Type 2 action. He explained
the site is small and the environmental review would be pretty basic, but whoever does
the review will need to make sure that flood plain regulations are being met, as the
property is next to Buttermilk Creek.
Planner Hutnik stated that the Town Board would welcome the Planning Board’s
opinion regardless of if it chooses to use its immunity. He clarified that the immunity is
permitted because government agencies are seen to be doing something for the public
good. He encouraged the Planning Board to consider their thoughts on not being the
agency to do the site plan review. The members seemed interested in reviewing the
application, felt like they would do a good and efficient job at it, and wondered since
the board is very busy perhaps it makes sense for them [the Planning Board] to review
the impacts, as they regularly do these kind of reviews and know the best practices.
They discussed next steps and considered that the Town Board will meet the following
week and the process may become more clear after that. They discussed the pros and
cons of this regulation that allows a municipality to not follow local zoning regulations
and considered some anecdotal tales of its use.
They turned to the sketch of the proposed skate park. Larkins explained that the
location of the parking lot has been moved already, and he detailed what work would
occur at various stages of development. They discussed how most of the property is in
the floodplain, how the “bowl” will be elevated onto higher ground, and mitigation of
impervious surfaces with plantings.
Larkins stated that tank remediation had previously occurred, and previous soil testing
did not show any issues. They discussed how in 1991 there were plans for a community
center there.
They continued to discuss water management and the riparian buffer on the site. Chair
Maher suggested limiting it as much as possible by pushing things up the hill, but they
wondered if the picnic table slab would be encroaching. Larkins stated that this spot
was chosen because there already was a surface (impervious) present.
Planner Hutnik spoke to Tompkins County Soil and Water a month back and they
expressed that they would help with how water is handled on the site. Vanucchi
suggested it could be a good demo site for native plantings and they could receive
funding for that. She said she could send along opportunities she was aware of.
Maher asked that the sketch show the fifty foot riparian buffer line for site plan review.
They discussed the process for the design planning, and Vanucchi offered to help with
digital design. Chair Maher said they’d like to see the photos to get a sense of what it
will look like. They discussed details about the bowl and pipe, that the neighbors have
shown mostly support, and that the thinking now is that there will not be lighting, at
least in the early stages.
They discussed public hearing, noting that it is not tied to SEQR so they can have one
without being lead agency.
MOTION: Schedule a Public Hearing for the May meeting to do site plan review at 15
Bald Hill Road Parcel: 10.-1-39 on the condition that the Town Board agrees with the
Planning Board doing the review
Moved by Cowan, Bergman seconds
The motion passed.
In favor: Bergman, Cowan, Scriber, Vanucchi, Maher
6. DRAFT SPECIAL EVENTS LAW REVIEW
Planner Hutnik reviewed the process that led to the current draft, and went over the
basics of the draft law. He noted that the number of allowed events has swung greatly,
and that discussion on the noise levels is still occurring.
He framed this draft law as a “temporary land use” that may not be allowed by the
regular zoning and encouraged the Planning Board members to consider if the law is
set up in a way that will cover basic needs related to events such as safety and
sanitation etc.
They discussed the vehicle number parameter vs a number of people parameter and
how those numbers developed. They touched on a number of topics including car relay
racing, the need for EMS and fire fighters, insurance liability requirements, and fees.
Chair Maher commented on the important of getting out notices to the neighbors.
Planner Hutnik encouraged anyone to please be in touch with him if they have any
additional thoughts.
7. PLANNER REPORT (VERBAL)
- The South Hill Trail extension is making more headway and the groundbreaking
ceremony is next Saturday in case anyone would like to join.
- They are close to rolling out the new CDBG programing
- Special event law is still being worked on.
- Sewer project working group asking for some clarifications from DEC about what
technology is allowed. The Town will need to make a decision soon about if they are
going to move ahead.
- He is considering applying for a grant for a feasibility study on the Dotson land.
- NY State updated their wetland regulations. However, the regulations were annulled
by the courts for not following SEQR as they did not consider the impact the wetlands
would have on non-wetland areas. Currently it is unclear what it all means going
forward regarding wetlands.
6. ADJOURNMENT
The meeting was adjourned at 8:49 PM.