HomeMy WebLinkAboutTown Board Resolution - SEQRA Negative Declaration of Environmental Significance, May 14, 2018TOWN BOARD RESOLUTION NO. X OF 2018 - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, REZONING,
MINOR SUBDIVISION, AND SPECIAL PERMIT, 129 HORNBROOK ROAD, TAX PARCEL NO. 10.-1-82.2
Whereas an Application has submitted for proposed rezoning of 2.237 acres of the total 108.89-acre tax parcel
10.-1-82.2 to zone Commercial “C,” located at 129 Hornbrook Road, from the current zoning as Low Density
Residential, by Petricola-Bartholf Partnership, Owner, Robert Bartholf, Applicant; and
Whereas a portion of the property is located in the Aquifer High Vulnerability (AHV) Overlay Zone; and
Whereas this is an action under Section 800 of the Zoning Ordinance of the Town of Danby, Applications for
Rezoning; and
Whereas A Local Law to Amend Commercial C Zoning in the Town of Danby Zoning Ordinance, Article IV: entitled
‘Establishment of Zones,’ Section 401 will change the zoning designation of a 2.237-acre portion of the parcel as
depicted in a survey map entitled “A Portion of Lands of Petricola-Bartholf Partnership,” prepared by T.G. Miller, P.C.,
dated 11/15/2017 as shown on the official map from Low Density Residential to Commercial “C”; and
Whereas an Application has been submitted for concurrent review and approval by the Town of Danby Planning
Board for a Minor Subdivision of Town of Danby Tax Parcel No. 10.-1-82.2, by Petricola-Bartholf Partnership, Owner,
Robert Bartholf, Applicant; and
Whereas the Applicant proposes to subdivide the existing 108.89-acre property into two parcels: Parcel A, measuring
2.237 acres with existing 8,800 sq. ft. warehouse; and Parcel B, measuring 106.653 acres and formerly operated as
vehicle dismantler Autosalvage of Ithaca, Inc.; and
Whereas the Applicant is additionally requesting a Special Permit to utilize the existing 8,800 sq. ft. building as a
Warehouse; and
Whereas the Applicant is proposing adaptive reuse of the existing 8,800 sq. ft. warehouse and no new construction
is required to facilitate private capital investment required to renovate and reuse the existing building within this area,
which is in proximity to the Central Hamlet; and
Whereas pursuant to the provisions of the Zoning Ordinance of the Town of Danby, the Planning Board is required to
hold, and did hold, within 62 days of the filing of the completed application with the Planning Board, a Public Hearing
on March 15, 2018, which was heard by the Planning Board to assure full opportunity for citizen participation; and
Whereas pursuant to the provisions of the Zoning Ordinance of the Town of Danby requires an official
recommendation from the Planning Board, and the Planning Board passed a resolution recommending the rezoning
on March 15, 2018; and
Whereas 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) requires that a Lead Agency
be established for conducting environmental review of projects in accordance with local and state environmental law;
and
Whereas State Law specifies that for actions governed by local environmental review, the Lead Agency shall be that
local agency which has primary responsibility for approving and carrying out the action; and
Whereas the proposed project is a Type I action under the Town of Danby Environmental Review of Actions and an
Unlisted action under the State Environmental Quality Review Act; and
Whereas pursuant to §617.6(b)(3) of the State Environmental Quality Review Act (SEQRA), the Town of Danby
Planning Board has been identified as an interested agency and it has been requested that this interested agency
consents to the Town Board being Lead Agency for this project and has consented; and
Whereas the Tompkins County Department of Planning and Sustainability has been given opportunity to comment;
and
Whereas this Board, acting as Lead Agency in environmental review, did on May 14, 2018 review and accept as
adequate: a Full Environmental Assessment Form (SEAF), Part 1, submitted by the Applicant, and Part 2, prepared
by the Planning Administrator; a survey map entitled “A Portion of Lands of Petricola-Bartholf Partnership,” prepared
by prepared by T.G. Miller, P.C., and dated 11/15/2017; and other application materials;
Now Therefore, be it
Resolved that this Town Board, having declared itself Lead Agency in this matter, determines the proposed
Rezoning, Minor Subdivision, and Special Permit 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.