HomeMy WebLinkAboutPlanning Board Resolution - Subdivision and Special Permit approval, June 21, 2018PLANNING BOARD RESOLUTION NO. 16 OF 2018 - PRELIMINARY AND FINAL APPROVAL, MINOR SUBDIVISION AND
SPECIAL PERMIT FOR WAREHOUSE, 129 HORNBROOK ROAD, TAX PARCEL NO. 10.-1-82.2
Whereas an Application was 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 this was an action under § 800 of the Zoning Ordinance of the Town of Danby, Applications for Rezoning;
and
Whereas the Applicant proposed adaptive reuse of the existing 8,800 sq. ft. warehouse where no new construction
was 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 a portion of the property is located in the Aquifer High Vulnerability (AHV) Overlay Zone; and
Whereas the following uses and activities are expressly prohibited in the Aquifer High Vulnerability (AHV) Overlay
Zone as articulated in § 606 (3) of the Zoning Ordinance of the Town of Danby: Airport and/or airport maintenance
areas, including private airplane landing fields; Appliance or small engine repair shops; Boat service, repair, and/or
washing establishments; Drilling, development, and/or construction of sources of water for bottled water or bulk water
facilities except for the collection of spring water without the use or assistance of an external force; Car washes;
Cemeteries or crematoriums; Chemical and/or biological testing laboratories; Horticultural nurseries; Excavation of
overburden and/or minerals from the earth for sale or exchange, or for commercial, industrial, or municipal use
(except for the sale of incidental overburden and/or minerals from excavation related to construction as part of an
agricultural or residential use); Funeral homes and mortuaries; Furniture strippers and/or refinishers; Gasoline
service stations or service and repair garages; Generation and/or storage of hazardous wastes except for that
associated with residential or agricultural uses; Golf courses; Industrial establishments.; Junkyard, salvage, or
impoundment yards (including used motor vehicle parts and scrap/waste materials); Laundromats and dry cleaning
facilities; Municipal or industrial sewage treatment facilities with disposal of primary or secondary treatment effluent;
Personal service shops such as a barber shop, beauty parlor, or hairdresser; Pest control services or pesticide/
herbicide stores; Pet cemeteries or crematoriums; Printers; Storage of petroleum except for on-site petroleum
consumption; Installation of new or replacement underground storage facilities for petroleum or hazardous
substances; Veterinary clinics, hospitals or animal kennels; and
Whereas A Local Law to Amend Commercial C Zoning in the Town of Danby Zoning Ordinance, Article IV: entitled
‘Establishment of Zones,’ § 401 approved by the Town Board on June 18, 2018 changed 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 pursuant to § 800 (3) 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 § 800 (3) of the Zoning Ordinance of the Town of Danby, an official recommendation to
recommend the rezoning was passed by resolution of the Planning Board 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 the Town 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; and
Whereas the Town Board, having declared itself Lead Agency in this matter, determined on May 14, 2018 that the
proposed Rezoning, Minor Subdivision, and Special Permit would 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; and
Whereas an Application was 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 legal notice was published and adjacent property owners within 500 feet notified in accordance with the
Town of Danby Zoning Ordinance, Article IX, § 904(2) and a Public Hearing was held on June 21, 2018, 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 #2 – A small-lot minor subdivision is permitted,
where the division results in a lot or lots of less than 8 acres, provided that the following criteria are met:
a. No other division(s) or subdivision(s) involving the parcel being divided except for Land Annexation have taken
place within the previous three (3) consecutive years;
b. The subdivision results in no more than two lots, including the parcel being divided;
c. Both lots resulting from the subdivision have frontage on a public road maintained year-round;
d. Both lots resulting from the subdivision meet all other pertinent zoning requirements;
e. 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;
f. 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; 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 required Public Hearing on June 21, 2018; and
Whereas the Planning Board recognizes that information received and reviewed for this Subdivision indicates the
resultant parcels conform to area requirements in the Commercial “C” Zoning District; and
Whereas the Tompkins County Department of Planning and Sustainability has been given opportunity to comment;
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. 10.-1-82.2, by Petricola-Bartholf Partnership,
Owner, Robert Bartholf, 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; and be it
further
Resolved that the Town of Danby Planning Board hereby grants the Special Permit for the Warehouse to be valid for
a period of two (2) years from the date of this resolution, finding that the standards of Article IX: Special Permits §
901 and § 600(4)(ix), of the Zoning Ordinance of the Town of Danby have been met, subject to the following
conditions:
i. The Applicant must apply for a renewal of the Special Permit not later than 90 days before the expiration of this
special permit.
ii. That upon application for renewal of the Special Permit the property will be subject to an inspection by the
Town of Danby Code Enforcement Officer.
iii. The Special Permit is granted only for reuse of the existing 8,800 sq. ft. building on the newly subdivided
2.237-acre portion of Tax Parcel 10.-1-82.2.