HomeMy WebLinkAbout2012-09-27 Danby Planning Board
Minutes of Meeting
September 27, 2012
Present:
Joel Gagnon
Anne Klingensmith
Frank Kruppa
Ted Melchen
Steve Selin
Naomi Strichartz
Robert Roe
Others Present:
Secretary Pamela Goddard
Code Officer Sue Beeners
Town Board Leslie Connors
Public Margaret Corbit,Wesley Blauvelt,Rhonda Roaring, Carl Snyder,Melissa
Stephenson,Richard Lazarus
The Planning Board Meeting was open at 7:03pm
Howland Road Subdivision Proposal
The Planning Board continued its discussion regarding a proposed subdivision of parcel
28.-1-17.1 on Howland Road. Joel Gagnon reported on his observations following a visit to the prop-
erty. He was negatively impressed by the distance from the road for the utility right of way. Gagnon
also reported on information provided by CAC member Thomas Gavin(retired conservation biolo-
gist)regarding the impacts of long driveways on habitat fragmentation. Gavin reported that studies
over the past 20 years have shown that species of concern(eg bobcat and bear)are able to co-exist
well with human habitation. Bird studies show that some species are affected by fragmentation dure
to home construction and long driveways,but other considerations (such as woodland clearing/tree
cover and the presence of roaming domestic cats)have a larger impact. It is desirable to limit how far
back a house is constructed.
Gagnon recommended that dwelling construction be located a minimum of 150 feet back from
the road(to mask visibility from the road) and no more than 300 feet back to prevent fragmentation of
the environment. He recommended moving the"L-shaped"lot to the middle of the subdivision(mak-
ing it T-shaped), in order to allow that much setback from both Howland Road and Brenda Lee Lane.
Other members of the Planning Board agreed with this recommendation.
There was a discussion about the new requirements from the NYS fire code for driveways longer
than 300 feet. Long driveways must be 12 feet wide and have an adequate turn around area to ac-
commodate fire and rescue vehicles.This requirement is dropped if a fire sprinkler system is in-
stalled.
The property owner asked for clarification as to the reasons for the Planning Board changing the
parameters of the subdivision. Members of the Board explained that this is in order to conserve the
rural character of the town and minimize ecological impacts of building in this specific area.These
measures are in order to comply with provisions in the Danby Subdivision Regulations. The point of
Planning Board review is to consider the best way to balance concerns. Beeners noted that virtually
the entire site is comprised of restricted build areas, as defined by the Subdivision regulations.
There was a discussion regarding how to modify the SEQR determination and resolution wording
to accommodate the reconfigured lot divisions. Beeners suggested an amendment to the SEQR short
form stating, "The Planning Board finds that the reconfiguration of the subdivision plan to place the
Planning Board_Minutes_20120927•Monday,October 8,2012 Page 1 of 4
frontage for the 17.16 acre parcel in the middle of the two 5.18 acre lots on each side would help to
mitigate the impacts on the forest and the good agricultural soils on the property. Having set backs of
150 feet minimum from the road center line and 300 feet maximum from the road center line would
help to preserve a significant amount of acreage as a buffer to the state forest land as well as a buffer
to protect the rural character along the roadside."
RESOLUTION NO.25 OF 2012-HOWLAND ROAD MINOR SUBDMSION—CONSIDER SEQR DETERMINATION
Whereas, this action is to Consider Approval of the Proposed Subdivision of Town of Danby Tax Parcel
28.-1-17.1, 27.52+1-acres total, into three lots of 5.18, 5.18, and 17.16 acres each,with all lots having frontage
on Howland Road,and with the proposed 17.16-acre lot also having frontage on the minimum-maintenance por-
tion of Brenda Lee Lane; New York Land Quest,owner/applicant; and
Whereas, this is an Unlisted Action for which the Town of Danby Planning Board is acting as Lead Agency in
environmental review; and
Whereas, the Planning Board has reviewed the draft Short Environmental Assessment Form and the recom-
mendation of the Code Enforcement Officer that a negative determination of environmental significance be
made, conditional on the preservation of restricted build areas on the site, being woodlands and the locations of
significant vegetation, and good agricultural soils, to the maximum extent possible; Now,Therefor, it is
Resolved,that the Town of Danby Planning Board, acting as Lead Agency in environmental review, makes a
negative determination of environmental significance, conditional upon on the modification of the subdivision
plan to locate the frontage for the 17.16 acre lot in the middle of the parcel bordered by the 5.18 acre lots and
the location of the houses on those lots to be a minimum of 150 feet from the center line of the roads and the
building sites a maximum of 300 feet back from the center line of the roads;the designation of slopes exceeding
15% as No Build Areas; the preservation of Restricted Build Areas on the site, being woodlands and the loca-
tions of significant vegetation, and good agricultural soils,to the maximum extent possible; and with the permit-
ted uses of the areas outside the designated construction envelopes to conform to those uses permitted in Re-
stricted Build Areas as described in the Town of Danby Subdivision Regulations.
Moved by Gagnon, Second by Selin.
In favor: Gagnon, Klingensmith, Kruppa, Melchen, Selin, Strichartz, Roe.
Additional Discussion Regarding Howland Road Subdivision
The Planning Board amended the resolution to consider approval of the Howland Road minor
subdivision to be in keeping with the SEQR determination.
RESOLUTION NO.26 OF 2012-HOWLAND ROAD MINOR SUBDMSION—CONSIDER APPROVAL
Whereas,this action is to Consider Approval of the Proposed Subdivision of Town of Danby Tax Parcel
28.-1-17.1, 27.52+1-acres total, into three lots of 5.18, 5.18, and 17.16 acres each,with all lots having frontage
on Howland Road,and with the proposed 17.16-acre lot also having frontage on the minimum-maintenance por-
tion of Brenda Lee Lane; New York Land Quest, owner/applicant; and
Whereas, this is an Unlisted Action for which the Town of Danby Planning Board, acting as Lead Agency in envi-
ronmental review, has on September 27, 2012 made a negative determination of environmental significance,
with certain conditions described in the accompanying resolution; and
Whereas, the Planning Board has reviewed the Resource Map for the proposed subdivision, including its de-
lineation of proposed construction envelopes; and
Whereas, the Planning Board has held a public hearing on the proposed subdivision on August 16, 2012; Now,
Therefor, it is
Resolved,that the Town of Danby Planning Board grants Preliminary and Final Subdivision Approval to the sub-
division,with the following conditions:
1. The modification of the subdivision plan to locate the frontage for the 17.16 acre lot in the middle of the par-
cel bordered by the 5.18 acre lots.
2. The location of the houses on those lots to be a minimum of 150 feet from the center line of the roads and
the building sites a maximum of 300 feet back from the center line of the roads.
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3. Slopes exceeding 15%shall be designated as No Build Areas, and shall not be built upon or disturbed dur-
ing site construction except that areas of less than one acre (excluding driveways)on any one lot with such
slopes may be excluded from the No Build Areas when approved by the Planning Board.
4. The Restricted Build Areas on the site, being woodlands and the locations of significant vegetation, and
good agricultural soils, shall be preserved to the maximum extent possible; and the permitted uses of the
areas outside the designated construction envelopes shall conform to those uses permitted in Restricted
Build Areas as described in the Town of Danby Subdivision Regulations, being as follows:
"PERMITTED USES IN NO BUILD AND RESTRICTED BUILD AREAS. Construction and associated site distur-
bance for the following uses are permitted in the No Build and Restricted Build Areas identified above unless
other laws and regulations restrict or prohibit such uses(such as those pertaining to areas of 100-year flooding,
Wetlands, Classified Streams, or zoning):
A. Agricultural uses and equestrian facilities.
B. Forest management.
C. Pedestrian walks and bike paths.
D. Non-residential farm structures and structures used for equestrian facilities such as barns, silos, live-
stock enclosures, storage buildings and similar structures.
E. Accessory structures and other work exempt from building permits, such as storage sheds with less than
160 square feet of gross floor area.
F. Wells or water service lines.
G. Utility lines providing service to the property.
H. Driveways,farm lanes, and access roads.
I. Drainage swales and stormwater management facilities."
5. In any deed conveying any of the lots in the subdivision, reference shall be made to this Resolution.
Moved by, Gagnon Second by Strichartz.
In favor: Gagnon, Klingensmith, Kruppa, Melchen, Selin, Strichartz, Roe.
Approve Minutes
RESOLUTION NO.27 OF 2012-APPROVE MINUTES
Resolved,that the Planning Board of the Town of Danby approves the minutes of August 16, 2012.
Moved by Gagnon, Second by Kruppa.
In Favor: Gagnon, Klingensmith, Kruppa, Melchen, Selin, Strichartz, Roe
Deer Management Focus Area
Robert Roe presented information about the Tompkins County Deer Managemnt Focus Area. The
PB held a discussion about potential enforcement problems with the DMFA. Roe recommended that
the Town Board urge residents to post their land. It was noted that hunting in the DMFA area will be-
gin on October 1,prior to the Town Board meeting, and that it was already too late to get a notice into
the Danby Area News.No action was taken by the Planning Board on this matter. Roe may write an
opinion article for the Ithaca Journal.
Consider Attending October 25 Training
There was a discussion about attending training offered to Planning Board members by TC3 on
October 25 and whether to change the date of the October Danby PB meeting to accommodate those
who wish to attend this training. The discussion included a general discussion about the value of
training offered by TC3. PB members reported a negative experience at previous training.
Beeners suggested that the Planning Board consider online courses,if members do not want to
travel to TC3 for low quality training. There might also be the possibility of having someone come
from County Planning for training. There was interest in both of these options. There was interest in
the Farmland Protection portion of the TC3 Training, offered the afternoon of Oct. 25. Kruppa offered
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to attend the afternoon portion of the training and report on this to the PB that evening. The October
PB meeting will remain on the 25th.
Reschedule November and December Planning Board Meetings
The PB discussed alternate dates for its November and December meetings, as the fourth Thurs-
days conflict with holidays in those two months.
Reschedule November and December Meetings
RESOLUTION NO.28 OF 2012-RESCHEDULE MEETINGS
Resolved,that the Planning Board of the Town of Danby will meet on November 29, in place of the November
22 date, and on December 20, in place of the December 27, 2012 date.
Moved by Roe, Second by Klingensmith.
In Favor: Gagnon, Klingensmith, Kruppa, Melchen, Selin, Strichartz, Roe
Town Board Report
Connors presented information about recent TB meetings. Items of interest to the Planning Board
included information about meetings of the Wind Tower Group, a grant proposal and meeting regard-
ing broadband extension in Danby,progress on the Highway Barn biomass boiler, and budget work-
shops to be held in October.
Klingensmith added to the report about the Wind Tower Legislation group. The group is review-
ing other municipal ordinances related to home scale wind towers with a goal of encouraging con-
struction of reliable home scale wind power generation.
Comprehensive Plan Review
The PB continued its discussion of the Comprehensive Plan Review,with updates from individu-
als working on the Natural Resources,Housing, and Agricultural sections. There was a general dis-
cussion about the need for public input in various sections.Assistance is also needed for technical
work,updating data in some sections. Information about Comp. Plan review public input should ap-
pear in the December 2012 and January 2013 Danby Area News.
Beeners advocated the usefulness of skilled interns for some detail work, such as adding recent
census data to the Housing section. There may be the option for assistance from County Planning
staff as well. She also advocated arranging public forums on various themes and topics with input
from regional experts.These could generate interest and understanding of the Comp. Plan review
process in Danby residents.
Selin highlighted the need to revisit subdivision regulations in light of revisions to the Compre-
hensive Plan. Beeners voiced her support of decisions which were made regarding the Howland Road
subdivision. In Beeners view,the Howland Road decisions considered important aspects and go in the
right direction. There was further discussion of subdivision regulations and open space review. Mem-
bers of the Planning Board would like to revisit/remove unfulfilled planned development zones and to
add a"sunset provision"on those zones.
Adjournment
The meeting was adjourned at 9:03 pm.
Pamela Goddard,Planning Board Secretary
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