HomeMy WebLinkAboutPlanning Board Resolution - draft subdivision approvalPLANNING BOARD RESOLUTION NO. X OF 2017 - PRELIMINARY AND FINAL APPROVAL, MINOR SUBDIVISION, 808
COMFORT ROAD, TAX PARCEL #9.-1-13.22
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. 9.-1-13.22, by David Mastroberti, Owner and Applicant; and
Whereas the Applicant proposes to subdivide the existing 62.04-acre property into two parcels: Parcel I, measuring
42.99 acres, with 887 feet of frontage joined by a tie line across Comfort Road, 1289 feet of depth, with existing
house; and Parcel II, measuring 19.05 acres with 883 feet of frontage on Comfort Road, 1018.65 feet of depth, and
undeveloped; and
Whereas the property is in the Low Density Residential Zoning District, requiring a lot area minimum of 2 acres,
frontage of 200 feet, and lot depth of 300 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 #1 – A large-lot minor subdivision is permitted,
provided that the following criteria are met:
a. Both lots resulting from the minor subdivision are (8) acres or more, each with frontage on a public road
maintained year-round;
b. Both lots resulting from the minor subdivision meet all other pertinent zoning requirements;
c. No extension or improvement of an existing, or creation of a new public road, significant public utility
infrastructure, or significant stormwater improvements, or extension of public benefit districts 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 used within such Stormwater Local Law;
e. The subdivision results in no more than two lots, including the parcel being divided; and
Whereas this is an Unlisted Action under the Town of Danby Environmental Review of Actions and the State
Environmental Quality Review Act and is subject to environmental review; and
Whereas the Planning Board, being the local agency which has primary responsibility for approving the action, did on
November 16, 2017 declare itself the Lead Agency for the environmental review, and
Whereas this Board, acting as Lead Agency in environmental review, did on December 21, 2017 review and accept
as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the Applicant, and Part 2,
prepared by the Planning Administrator; a survey map entitled “Subdivision Plat Showing a Portion of Lands of David
A. Mastroberti & John E. Mastroberti,” prepared by Reagan Land Surveyors, and dated October 16, 2017; and other
application materials; and
Whereas the Planning Board did on December 21, 2017 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 Public Hearing on December 21, 2017; and
Whereas the Planning Board recognizes that information received and reviewed for this Subdivision indicates the
resultant parcels conform to area requirements in the Low Density Residential Zoning District;
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. 9.-1-13.22, by David Mastroberti, Owner and
Applicant, subject to the submission of the final approved plat, having a raised seal and signature of a registered
licensed surveyor, filed with the Tompkins County Clerk within six (6) months.