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Town of Danby Planning Board
Minutes of Regular Meeting
February 19, 2015
Present:
Joel Gagnon
Anne Klingensmith
Frank Kruppa
Jim Rundle
Steve Selin
Absent:
Ted Melchen
Naomi Strichartz
Others Present:
Secretary Patty Jordan
Town Board Leslie Connors
Public Christy Evanek, Henry Peterson
The meeting was opened at 7:05 p.m.
Privilege of the Floor
Henry Peterson, Seven Circles LLC, handed out a document seeking Town support for continued
construction at White Hawk EcoVillage. The document gave a brief history of the performance
of the culvert since its construction in 2008 and ended with a request that the Town not restrict
continued progress at White Hawk due to the existing culvert. Peterson stated that the culvert is
designed to act as a weir and that it did not collapse during the major storm a few years ago that
flooded Owego. He also said that they have been granted up to $90,000 from the Tompkins
County Community Trust Fund but that the money is being held because of a letter sent by Sue
Beeners, Town of Danby Code Enforcement Officer. Peterson said that Beener’s letter
expressed concern about the existing bridge and put restrictions on construction at White Hawk.
He would like the Town and the Town engineers to come to an agreement to let them continue to
build so that the grant money can be released. He also talked briefly of improvements they’ve
made, including reducing the retention pond on the upper level to reduce the amount of water
flowing to the culvert. The PB members asked some questions regarding the existing culvert,
bridge, and road. They asked if fire trucks could get through during an overflow and Peterson
said he thought there would be no problem for heavy trucks to get through. Peterson also stated
that the road has not washed away in the 7 years it has been there. The PB pointed out that there
are liability and code issues that are of concern to the Town. Kruppa said that this is a Town
Board decision and Peterson should focus on meeting their concerns which will probably be
similar to the ones raised by the PB.
Christy Evanek, 275 Hornbrook Road, spoke to let the PB know that she would be coming back
at their March meeting to present a proposal for a special permit for an apartment over her
garage. She stated that she had a building permit when they built a detached garage and she
thought it covered the apartment above it. She recently found out that it did not cover the
apartment that has already been built and now is trying to get the situation fixed. The PB
decided to hold a public hearing on this matter at its next meeting. Selin advised her to talk to her
neighbors and explain the situation to them in advance of the public hearing.
Planning Board Minutes, February 19, 2015 Page 2
Additions to Agenda
Gagnon asked for an update on the status of the PB’s recommended changes to the Zoning
Ordinance and Subdivision Regulations.
Klingensmith would like to discuss legal advice issues.
Minutes
The PB requested some changes to the draft January 15, 2015 minutes. There were some typos
they would like corrected and they would like the following sentence deleted from the first
paragraph under the “Gunderman Road PD #10 Proposal” heading: “The opinion of the code
officer and town attorney is that such uses need special permit review by the Planning Board.”
PB members said that this sentence implies that they had the attorney’s opinion before they met,
but they did not. Kruppa will ask the Town Clerk to send the minutes to the PB secretary in a
format that can be edited. The PB will review the edited version and consider approval at the
next meeting.
Sketch Plan Review
Sketch Plan Review, consider setting public hearing date, proposed Subdivision of Tax Parcel 4.-1-11.22,
20.85 +/- acres total, located on German Cross Road, into 3 lots of approx. 2, 2.8, and 16 acres each. The
subdivision also entails appeal of the minimum 200'foot frontage requirement of Section 600(5) of the Town
of Danby Zoning Ordinance. Raymond and Lori Maratea, Owners.
There was discussion of the acreage and frontage requirements listed in the Zoning Ordinance
and Subdivision Regulations. Gagnon said that there is no basis for this request because the road
frontage is less than required. The applicants have only enough road frontage for one lot.
Klingensmith pointed out that the reason for the road frontage requirement is to keep density
down. It was suggested that the applicants could split the parcel into 2 lots; one 2-acre lot and
one lot with the remaining acreage. This would require a frontage variance by the Board of
Zoning Appeals because the applicants would be 40 feet shy of having the required 400 foot road
frontage for 2 lots. It was also suggested that if the applicants want 3 lots, that they come back to
the PB with a proposal to install a road and that they provide a more developed site plan. The
Board decided that the proposal as it stands is not ready to be brought to a public hearing.
Kruppa said he would convey the PB’s two suggestions regarding the proposal to Sue Beeners in
the Code Enforcement Office.
Gagnon pointed out that the way the Ordinance is structured, a lot can’t be created by right
unless it can be built on. He said that he felt it should be possible to sell a piece of land without
the right to build on it. It was decided that this should be discussed at some point in the future.
Town Board Liaison Report
Connors said that the most recent Town Board meeting had been cancelled because of the
weather. She also talked about a meeting she attended in Caroline regarding their
comprehensive plan review. She said that Cooperative Extension had been brought in to run a
workshop to help Caroline ask questions and decipher the feedback they received. Connors said
that she would try to find out what results came from that workshop. Connors asked the PB
members if they were caught up on their required training and handed out a list of possible
training opportunities. There was general agreement that the PB would prefer to have training
programs brought to them.
Planning Board Minutes, February 19, 2015 Page 3
Zoning and Subdivision Recommendations
Kruppa confirmed that he sent the PB’s recommended changes to the Subdivision Regulations
and the Zoning Ordinance to the Town Board on February 19.
Legal Advice/Gunderman Road Proposal
Klingensmith and Gagnon both said they had spoken to the Town Supervisor and felt there was
more information on possible legal issues related to the Gunderman Road proposal than what had
been shared with the PB. Rundle said that if the Town Supervisor or Attorney had information,
the PB should have been informed before they were asked to make a recommendation on the
proposal. Klingensmith said that the PB drafted the recommended changes to the PD 10 law
based on mitigating the impacts uses would have, not on the specific uses themselves. The TB
wasn’t involved in the first public hearing and so may not realize on what the PB based its
recommendations. Selin said that he felt the PB’s public hearing was a waste of time. He also
said that if there needed to be two public hearings, they should both have been held before the
same board.
Connors said that her impression was that there wasn’t anything wrong with the Gunderman
draft proposal, just that now more specificity is being requested. What is wanted is a specific list
of committed uses and anything not on that list will require a special permit. It was pointed out
that David Hall argued against a list of specific uses because it does not support the incubator
business model. Klingensmith said that it doesn’t really matter what the specific use is as long as
it doesn’t have unreasonable impacts. Kruppa pointed out that if a use caused new impacts other
than what was specified in the PB’s recommendation, then that use would have to come to the
PB for approval.
Connors said that she heard from residents that some of them felt they hadn’t been given a
chance to provide input. Klingensmith said that the PB’s recommendation to the TB regarding
the Gunderman Road proposal had been a collaboration among David Hall, the PB members, and
residents.
There was discussion of how the PB can know if they should be asking for legal advice before
they make decisions. Kruppa said that all members of the PB should feel comfortable requesting
that legal advice be sought.
The TB has asked the Town Attorney to attend their next meeting. There was general agreement
that members of the PB should attend the next TB meeting where the Gunderman Road proposal
will be discussed.
Draft Groundwater Protection Law
There was discussion of the status and the next steps that should be taken regarding the Draft
Groundwater Protection Law. Klingensmith said that the draft law is really good and has
provisions for protection town-wide as well as more stringent protection for zones that are right
over the aquifers. There was question as to whether the Town Attorney reviews the law before
or after the PB. Once the draft is set, the PB recommends that the TB set a public hearing.
MOTION – Have the Town Attorney review the Draft Groundwater Protection Law before it comes to
the Planning Board for consideration.
Moved by Klingensmith, second by Selin.
In Favor: Gagnon, Klingensmith, Rundle, Selin, Kruppa.
The motion passed.
Planning Board Minutes, February 19, 2015 Page 4
Comprehensive Plan Review Session
Gagnon presented his suggested revisions to the Population and Housing section of the
Comprehensive Plan. Gagnon said that he felt the comprehensive plan is a visioning document
that should be used as a prompt for initiating activities.
Kruppa stated that the PB needs someone outside the meetings to facilitate the comprehensive
plan review process. Connors said she would contact the people at Cooperative Extension who
offered the workshop in Caroline to see what they can offer. Kruppa said that he would contact
Newfield and the County for advice.
Rundle indicated that he would have the Agriculture section ready for presentation at the next
meeting. Selin said he had already presented the Utilities section, but that he would revisit it.
Set Public Hearing
Klingensmith pointed out that a vote had not yet been held to set the Evanek public hearing.
MOTION – SET PUBLIC HEARING
Moved by Klingensmith, second by Rundle, that the Town of Danby Planning Board schedule a Public
Hearing for 7pm, March 19, 2015, to consider a Special Permit for an apartment above a detached garage,
Christy Evanek, 275 Hornbrook Road.
In Favor: Unanimous.
The motion passed.
Adjournment
The meeting was adjourned at 9:02 p.m.
____________________________________________
Patty Jordan, Planning Board Recording Secretary