HomeMy WebLinkAboutPB November.17.16.Minutes Draft Town of Danby Planning Board
Minutes of Regular Meeting
Thursday November 17, 2016
DRAFT
PRESENT:
Joel Gagnon
Anne Klingensmith
Jim Rundle
Jody Scriber
Naomi Strichartz
Frank Kruppa
ABSENT:
Steve Selin
OTHER ATTENDEES:
Town Planner C.J. Randall
Code Enforcement Pau Hansen
Recording Secretary Kelly Cecala
Public David Hall, Jessica Teryes, Cindy Ceracche, Frank Darrow, Charles Tilton, Pat Woodworth,
Sandy Loomis, Rachael Clare, Robert Brenner, Michael Rielly, Daniel Clements,
Tom Clements, Ted Crane, and Don Barber.
The meeting was opened at 7:03 pm.
(1) CALL TO ORDER/AGENDA REVIEW:
C.J. Randall provided copies of the agenda. Kruppa announced that the Verizon project would be the first action item
discussed and said that their Declaration of Environmental Significance would not be done this evening.
(2) PRIVILEGE OF THE FLOOR:
Pat Woodworth, 305 Gunderman Road, said that she found two supporting documents online for the Blue Sky Center
of Learning but could not find the actual proposal. Randall thought that the proposal may have been too large to post
online and said she would double check the website.
Frank Darrow, 400 Gunderman Road, said that he was tightly associated with all of the discussion when the PDZ 10
changes were being proposed. He said that no details were provided in the original proposal and as time went along
the details kept changing. Darrow remarked that the Board should not proceed unless there is was a very detailed
description of what the variance is going to allow. He added that he could not comment intelligently at a Public
Hearing unless he knew what the proposal was. He said for example, is the proposed variance, for an activity that
would be allowed, in addition to the currently allowed actives under PDZ 10 as it currently stands? Darrow said that
the devil is in the details and there are a lot of open pieces.
Darrow commented that over the course of the last two years the Planning Board, and then the Town Board, was
doing a lot of the PDZ 10 re-work that should have been the responsibility of the applicant. Darrow added that the
burden for a detailed proposal rests on the person making the proposal, not the town representatives. He shared that
in his opinion a town agency should only be reviewing proposals and offering suggestions, versus actually drafting
and writing them.
Kruppa said that the Planning Board had received a sizable packet from the applicant for Blue Sky Center of
Learning and that the information would be made available on the town's website for the public. Kruppa added that
the only action for tonight's meeting was to set a Public Hearing and that everyone would have plenty of time to
review the packet before the hearing.
Woodworth is concerned about the details and said there has not been an evaluation on traffic. She asked for
clarification about the special permit being granted to the owner or the land. Randall said that the special permit runs
with the land. Woodworth remarked that the details need to be very explicit in this case so they can not be
misinterpreted.
Darrow also stated that he was the adjacent landowner to the Cheng Subdivision.
Ted Crane, 888 Comfort Road, said that there were two different items on the agenda that illustrate two different
scenarios. Crane said that the Cheng subdivision would create something that is probably not appropriate for a low
density area, but nonetheless it is within the law. Crane added that directly across the street from the Cheng property
is an area that has already been subdivided and has an existing PDZ who's activities have proven to be unsatisfactory
to the neighborhood. He said there is a request on the agenda to extend yet another new activity that may also prove
to be unsatisfactory to the neighborhood. Crane said that the Planning Board has the leeway to decide if the proposed
activity is really appropriate for the area and urged the Board not to proceed with a Public Hearing.
(3) APPROVAL OF MINUTES:
MOTION - Approve October Minutes
Moved By Gagnon, Second By Strichartz
In Favor: Gagnon, Klingensmith, Scriber, Strichartz, Kruppa
Abstain: Rundle
The motion passed
(4) TOWN BOARD LIAISON REPORT:
There was no Town Board member present to give a report.
(5) ACTION ITEMS:
Action Item A:
Project: Verizon Wireless Telecommunications Facility
Location: American Legion Post No. 221, 1231 Danby Road
Applicant: Robert J. Brenner for Verizon Wireless
Anticipated Board action(s) this month: Review Part 2 of Full Environmental Assessment Form (FEAF), including
Visual Addendum and photos from balloon test
Project Description: The Applicant proposes to construct a large telecommunications facility at the American Legion
Post No. 221. The facility will consist of a 109’ monopole tower with additional 1’ lightning rod, a 12’ x 22’
equipment platform, and other associated site improvements. The project is in the Low Density Residential Zoning
District. This is a Type I Action under the Town of Danby Local Law 3 of 1999 Regulating the Siting of Wireless
Telecommunications Facilities and an Unlisted Action under the State Environmental Quality Review Act, and is
subject to environmental review.
Robert Brenner addressed the Board and introduced Mr. Michael Rielly whom is with the engineering firm that
conducted the balloon test. Brenner asked that a Public Hearing be scheduled for next month at which time they can
take action on their proposal.
Klingensmith requested to see an image of the top of the tower and said that it should be available at the Public
Hearing. Brenner said that it would be. Brenner said they tried staying in a commercial area during the site selection
process near existing electric infrastructure to limit the visibility from the surrounding areas.
The Planning Board approved scheduling a Public Hearing for this action item in December.
Action Item B: Public Hearing (Cheng Standard Subdivision)
Project: Standard Subdivision
Location: 326 Gunderman Road, Tax Parcel #8.-1-32.1
Applicant: Joseph Cheng
Anticipated Board action(s) this month: Public Hearing, Declaration of Environmental Significance, Preliminary
and Final approval
Project Description: The Applicant proposes to subdivide the existing 31.49-acre property into three parcels: Parcel
A, measuring 5.009 acres, with 202.69 feet of frontage on Gunderman Road, 1037.48 feet of depth, with an existing
1,960 square foot house; Parcel B, measuring 5.005 acres with 202.70 feet of frontage on Gunderman Road, 1036.53
feet of depth, and undeveloped; and Parcel C, measuring 21.476 acres and undeveloped. 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. 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.
Public Hearing opened at 7:18 pm
Cindy Ceracche, 338 Gunderman Road, had a question what the road frontage was on Parcel C. Randall said
approximately 450 feet. Ceracche said then, at most, the parcel could only be split into two. Gagnon said yes only
two, without a variance, or a change in the law.
Dan Clements, 634 Comfort Road, said that his property is adjacent to Cheng's property. Clements asked if Cheng
had indicated what his plans were for Parcel(s) B and C. Kruppa said that the request was to split A and B, which
will both be sold, and that Cheng will maintain ownership of C. Clements said that he has no problem with it.
Tom Clements, 276 Gunderman Road, also said that he has no problem with it.
Pat Woodworth, 305 Gunderman Road, said that she lives across from the property and that she actually looked at
that property first before buying. Woodworth said that at the time there was the potential for three (3) houses and that
it seems like not much has changed in 25 years.
David Hall, 279 Gunderman Road, said that he has no objections.
Renada Wadsworth, 379 Gunderman Road, said that she is the buyer for parcel(s) A and B and that her family of four
would live in the existing house and that her mother would be building a small house in the five acre lot next to her.
PLANNING BOARD RESOLUTION NO. 13 OF 2016 - DETERMINATION OF ENVIRONMENTAL
SIGNIFICANCE, STANDARD SUBDIVISION, 326 GUNDERMAN RD., TAX PARCEL NO. 8.-1-32.1
Whereas, an application has been submitted for review and approval by the Town of Danby Planning Board for a
Standard Subdivision at 326 Gunderman Road, Town of Danby Tax Parcel No. 8.-1-32.1, by Joseph Cheng, Owner
and Applicant; and
Whereas, the Applicant proposes to subdivide the existing 31.49-acre property into three parcels: Parcel A,
measuring 5.009 acres, with 202.69 feet of frontage on Gunderman Road, 1037.48 feet of depth, with an existing
1,960 square foot house; Parcel B, measuring 5.005 acres with 202.70 feet of frontage on Gunderman Road, 1036.53
feet of depth, and undeveloped; and Parcel C, measuring 21.476 acres 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 Standard Subdivision in accordance with the Town of Danby Subdivision and Land
Division Regulations, Article II, § 201 C.1. Standard Subdivision, any division of land resulting in three or more lots,
of any size, at one time, which such division of land is and remains at all times subject to the requirements and terms
of the Stormwater Local Law, if and as applicable; 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 October 20, 2016 declare itself the Lead Agency for the environmental review; and
Whereas, this Board, acting as Lead Agency in environmental review, did on October 20, 2016 and November 17,
2016 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 “Survey Map: No. 360 East
Miller Road,” prepared by T.G. Miller, P.C., and dated 8/2/2016; and other application materials;
Now Therefore, be it
Resolved, that the Town of Danby Planning Board determines the proposed Standard Subdivision 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.
Moved By Gagnon, Second By Strichartz
In Favor: Gagnon, Klingensmith, Rundle, Scriber, Strichartz, Kruppa
The motion passed
PLANNING BOARD RESOLUTION NO. 14 OF 2016 - PRELIMINARY AND FINAL APPROVAL,
STANDARD SUBDIVISION, 326 GUNDERMAN RD., TAX PARCEL NO. 8.-1-32.1
Whereas, an application has been submitted for review and approval by the Town of Danby Planning Board for a
Standard Subdivision at 326 Gunderman Road, Town of Danby Tax Parcel No. 8.-1-32.1, by Joseph Cheng, Owner
and Applicant; and
Whereas, the Applicant proposes to subdivide the existing 31.49-acre property into three parcels: Parcel A,
measuring 5.009 acres, with 202.69 feet of frontage on Gunderman Road, 1037.48 feet of depth, with an existing
1,960 square foot house; Parcel B, measuring 5.005 acres with 202.70 feet of frontage on Gunderman Road, 1036.53
feet of depth, and undeveloped; and Parcel C, measuring 21.476 acres 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 Standard Subdivision in accordance with the Town of Danby Subdivision and Land
Division Regulations, Article II, § 201 C.1. Standard Subdivision, any division of land resulting in three or more lots,
of any size, at one time, which such division of land is and remains at all times subject to the requirements and terms
of the Stormwater Local Law, if and as applicable; 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 II, § 211 Public Notice Requirements for
Standard Subdivisions; and
Whereas, 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA) and Section IX of Local
Law 2 of 1991 Environmental Review of Actions in the Town of Danby, require that a Lead Agency be established
for conducting environmental review of projects in accordance with local and state environmental law; 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 October 20, 2016 declare itself the Lead Agency for the environmental review; and
Whereas, this Board, acting as Lead Agency in environmental review, did on October 20, 2016 and November 17,
2016 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 “Survey Map: Showing Lands
of Joseph Cheng & Hsiao Pin Cheng Located at 326 Gunderman Road, Town of Danby, Tompkins County, New
York” prepared by T.G. Miller, P.C., and dated 8/26/2016; and other application materials; and
Whereas, the Planning Board did on November 17, 2016 make a Negative Declaration of Environmental
Significance for the project; 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 Standard Subdivision of Town of Danby Tax Parcel No. 8.-1-32.1, by Joseph Cheng, Owner and
Applicant, subject to the submission of the final approved plat, pursuant to Town of Danby Subdivision and Land
Division Regulations, Article II, § 210 IX. Subdivider Filing Requirement following Certification of Final Plat.
Moved By Gagnon, Second By Rundle
In Favor: Gagnon, Klingensmith, Rundle, Scriber, Strichartz, Kruppa
The motion passed
Public Hearing closed at 7:27 pm
Action Item C:
Project: Loomis/Johnson Accessory Dwelling
Location: 365 Troy Rd., Tax Parcel # 3.-1-9.3
Applicant: Sandy Loomis, Craig Johnson, and Loraine Johnson
Anticipated Board Action(s) this month: Consideration of preliminary approval of special permit; set date for
Public Hearing
Project Description: The Applicant requests the approval of a special permit for renovation of an existing unfinished
structure (garage) to add a second dwelling unit in a separate building for permanent occupancy on the 3.82-acre lot.
The project is located in the Low Density Residential zone. This is a Type II action under the Town of Danby
Environmental Quality Review and State Environmental Quality Review Act.
Applicant Sandy Loomis stated that they built a separate garage (with a building permit) which now includes a small
apartment on the second floor where she lives. She said that she is living illegally because a special permit was never
granted. Paul Hansen said that he missed this application when he first started in his position.
The Planning Board approved scheduling a Public Hearing for this action item in December.
Action Item D:
Project: Blue Sky Center for Learning
Location: 303 Gunderman Road, Tax Parcel #9.-1-9.12
Applicant: David Hall
Anticipated Board action(s) this month: Consideration of preliminary approval of special permit; set date for Public
Hearing
Project Description: The applicant proposes to create a therapy center specializing in treating autism spectrum
disorders not exceed 12,000 square feet within the existing barn structure on the 2.61-acre lot. The project is in
Planned Development Zone 10. This is a Type I Action under the Town of Danby Environmental Review of Actions
and the State Environmental Quality Review Act and is subject to environmental review.
Applicant David hall stated that this proposal for Blue Sky Center for Learning was a piece of the PDZ 10 rewrite
and that this component has been isolated out and he is requesting a special permit for the Learning Center. Kruppa
asked that Randall explain the technicalities of a special permit. Randall read the definition from the Town Zoning
Ordinance. Klingensmith said that the property is located within a PDZ but that we are not talking about the PDZ
law itself. Klingensmith added that in order to have a Learning Center in this underlying low density zone, it requires
a special permit.
Strichartz said that her feelings about having an autism center were positive but asked Hall if the Learning Center
would occupy the entire building or if he would he be applying for further industrial uses. Hall said that a center like
this has very low people / sq. ft. which requires a lot of square footage. He approximated 12,000 sq. ft. would be
used for the center.
Strichartz questioned how much available space would be left in the building? Hall clarified that there were three (3)
floors in the main building that were approximately 5,000 sq. ft. each plus an additional 5,000 sq. ft. warehouse, with
an approximate total of 21,000 sq. ft, 12,000 of which would be dedicated to the Learning Center.
Strichartz asked what the hours of operation would be. Hall said "typical" clinic hours; possibly 8, am to 7 pm.
Strichartz asked how many people will the center be accommodating at one time. Hall said that he is licensing the
programing of Dr. Vincent Carbone, who is the leading authority in autism therapy. Hall said that ideally it will be a
25 hr/week program and that two of the previous Carbone clinics had 15 and 25 patients in them. Strichartz asked if
the center was to treat the children or the therapists. Hall said both. Klingensmith asked Randall if this special permit
is granted for the Learning Center, are the clothing activities and that permit still legal? Randall said yes.
Strichartz said that she hopes something can be done about the PDZ that nobody likes. Crane said to clarify how
much actual square footage there is and exactly how much would be left after the 12,000 sq.ft. are used. He also
questioned whether or not therapists are being formally trained on site. Crane said that none of this precludes any
future special permit requests from Hall and that this could be a piece by piece attempt to get what was already
denied.
Gagnon questioned if the total number of employees could really reach 70 people, as stated in the proposal? Hall said
currently there is no limit on the number of employees allowed. Strichartz said that we can put a limit on the special
permit. Gagnon said that for planning purposes it effects water usage and septic adequacy. Hall said that the 70
figure was from the original document and not the updated Blue Sky Center for Learning. Hall said that he proposes
15 full-time employees and 10 clients.
Strichartz said that the numbers will be important to the people in the neighborhood and suggested that Hall come
back to the Public Hearing with specifics and numbers. Scriber said the issue of having seminars and training in that
area, off a main road, is too open. Hall said that his book auction company was moved out of Danby to Dryden and
that there is a great assembly space in Dryden where he hopes to have Blue Sky seminars and conferences.
Gagnon asked why a full AEF was done for this type of special permit. Randall said a full AEF is required because
this is a Type 1 Action, it is a commercial space in an agricultural district. Gagnon said that the AEF is missing a lot
of information. Scriber asked what Hall had done through the State Department of Ed. Hall said that he needed to
get a waiver from the State Department of Ed to run the clinic since he (the owner) was not a therapist but operating a
licensed clinic.
Rundle commented on the hunting concerns that were brought up by neighbors at the previous meetings and hearings.
Kruppa requested to have the hunting set backs clarified before the Public Hearing. Rundle questioned the tax
implications of a clinic. Hall said this is privately owned property and it is not tax exempt. Hall said that people
would be paying for the services. Strichartz asked what the upper age limit is for kids. Hall said there is no age limit
and that he would like to open this up (eventually) to help adults too.
Crane said he noticed a moving target on what was being asked for and what was being provided by Hall. Randall
remarked and urged the Planning Board to wait until a complete application was received in addition to all of the
other requested material from this meeting.
The Planning Board deferred a Public Hearing to January for this action item pending the receipt of:
- a full program description (i.e. employees, operating hours, training, total clinic capacity)
- clarity on hunting set backs and the law
- EAF completed
- application completed
- specifics on total square footage
Action Item E:
Project: Minor Subdivision
Location: 45 Hilltop Rd,. Tax Parcel #8.-1-21.2
Applicant: Don and Priscilla Barber
Anticipated Board action(s) this month: Declaration of Lead Agency, Review Part 1 of Environmental Assessment
Form (EAF), and Review of Preliminary Plat application
Project Description: The Applicant proposes to subdivide the existing 115.19- acre property into two parcels: Parcel
A, measuring 8.936 acres, with 483.12 feet of frontage on Hilltop Road, 793.86 feet of depth, with existing house and
barn; and Parcel B, measuring approximately 106 acres with 1,525 feet of frontage on Jersey Hill Road,
approximately 1,223 feet of depth, and actively farmed. 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. 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.
PLANNING BOARD RESOLUTION NO. 15 OF 2016 - DECLARATION OF LEAD AGENCY, MINOR
SUBDIVISION, 45 HILLTOP ROAD, TAX PARCEL NO. 8.-1-21.2
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. 8.-1-21.2, by Donald Barber, Applicant and Priscilla J. Barber,
Owner; and
Whereas, the Applicant proposes to subdivide the existing 115.19-acre property into two parcels: Parcel A,
measuring 8.936 acres, with 483.12 feet of frontage on Hilltop Road, 793.86 feet of depth, with existing house and
barn; and Parcel B, measuring approximately 106 acres with 1,525 feet of frontage on Jersey Hill Road,
approximately 1,223 feet of depth, and actively farmed; 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, 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 funding or carrying out the action;
Now Therefore, be it
Resolved, that the Town of Danby Planning Board does hereby declare itself Lead Agency for the environmental
review for the action of Minor Subdivision approval of Town of Danby Tax Parcel No. 8.-1-21.2, by Donald Barber,
Applicant and Priscilla J. Barber, Owner.
Moved By Gagnon, Second By Scriber
In Favor: Gagnon, Klingensmith, Rundle, Scriber, Strichartz, Kruppa
The motion passed
The Planning Board reviewed and approved Part 1 of the Short EAF.
The Planning Board approved scheduling a Public Hearing for this action item in December.
Action Item F:
Project: Minor Subdivision
Location: Deputron Hollow Rd., Tax Parcel # 12.-1-6.22
Applicant: Erick Palmer for TMelchen, LLC
Anticipated Board action(s) this month: Declaration of Lead Agency, Review Part 1 of Environmental Assessment
Form (EAF), and Review of Preliminary Plat application
Project Description: The Applicant proposes to subdivide the 40.65-acre property into two parcels: Parcel A,
measuring 27.40 acres and Parcel B, measuring 13.25 acres, all of which is woodland. The property is encumbered
by a conservation easement held by the Town; Town Board approval is also required to permit subdivision. 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.
Randall said that there was a Town held conservation easement on the property which allowed for the land to be
subdivided and sold. Gagnon commented that the lots in questioned were not on public roads that were maintained
year round and asked if this should go to the BZA for a variance instead? Randall said yes that the Planning Board
can declare lead agency tonight and then it would go to BZA (for the variance) and then Town Board (for the
conservation easement) and then back to the Planning Board (for the subdivision).
PLANNING BOARD RESOLUTION NO. 16 OF 2016 - DECLARATION OF LEAD AGENCY, MINOR
SUBDIVISION, DEPUTRON HOLLOW ROAD, TAX PARCEL NO. 12.-1-6.22
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. 12.-1-6.22, by Erick Palmer, Applicant and TMelchen, LLC,
Owner; and
Whereas, the Applicant proposes to subdivide the 40.65-acre property into two parcels: Parcel A, measuring 27.40
acres and Parcel B, measuring 13.25 acres, all of which is woodland; and
Whereas, the property is encumbered by Deed of Conservation Easement instrument # 2015-05871, and the Property
may not be used for activities and land uses that the Town reasonably determines are inconsistent with the purposes of
this Easement, that impair or potentially impair the Conservation Values, or that may have a material adverse effect
upon the protected Conservation Values as construed under 26 CFR §1.170A-14; and
Whereas, the property is substantially within a Tompkins County-designated Unique Natural Area (UNA 174)
known as Deputron Hollow; 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, 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 funding or carrying out the action;
Now Therefore, be it
Resolved, that the Town of Danby Planning Board does hereby declare itself Lead Agency for the environmental
review for the action of Minor Subdivision approval of Town of Danby Tax Parcel No. 12.-1-6.22, by Erick Palmer,
Applicant and TMelchen, LLC, Owner.
Moved By Gagnon, Second By Strichartz
In Favor: Gagnon, Klingensmith, Rundle, Scriber, Strichartz, Kruppa
The motion passed
Action Item G:
Project: Minor Subdivision
Location: Nelson Road and Hornbrook Rd., Tax Parcel 6.-1-18.25
Applicant: Edward V. Melchen
Anticipated Board action(s) this month: Declaration of Lead Agency, Review Part 1 of Environmental Assessment
Form (EAF), and Review of Preliminary Plat application
Project Description: The Applicant proposes to subdivide the existing 18.972- acre property into two parcels: Parcel
A, measuring 12.345 acres, with 280.51 feet of frontage on Nelson Road, 666.29 feet of depth, and undeveloped; and
Parcel B, measuring 6.627 acres with 420.10 feet of frontage on Hornbrook Road, 617.26 feet of depth, and
undeveloped. 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. 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.
PLANNING BOARD RESOLUTION NO. 17 OF 2016 - DECLARATION OF LEAD AGENCY, MINOR
SUBDIVISION, NELSON ROAD AND HORNBROOK RD., TAX PARCEL NO. 6.-1-18.25
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. 6.-1-18.25, by Edward V. Melchen, Applicant and Owner;
and
Whereas, the Applicant proposes to subdivide the existing 18.972-acre property into two parcels: Parcel A,
measuring 12.345 acres, with 280.51 feet of frontage on Nelson Road, 666.29 feet of depth, and undeveloped; and
Parcel B, measuring 6.627 acres with 420.10 feet of frontage on Hornbrook Road, 617.26 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
Pactices, 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, 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 funding or carrying out the action;
Now Therefore, be it
Resolved, that the Town of Danby Planning Board does hereby declare itself Lead Agency for the environmental
review for the action of Minor Subdivision approval of Town of Danby Tax Parcel No. 6.-1-18.25, by Edward V.
Melchen, Applicant and Owner.
Moved By Gagnon, Second By Rundle
In Favor: Gagnon, Klingensmith, Rundle, Scriber, Strichartz, Kruppa
The motion passed
The Planning Board reviewed and approved Part 1 of the Short EAF.
The Planning Board approved scheduling a Public Hearing for this action item in December.
(6) PLANNING & ZONING REPORT:
Randall reminded the Planning Board that the joint-scoping meeting was on Tuesday November 29th at 7pm and said
there would be an inventory overview report of the PDZs and their current activity with proposed changes on what
can be done with them.
(7) ADJOURNMENT
The meeting was adjourned at 8:54 pm.
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Kelly Cecala, Planning Board & Board of Zoning Appeals Recording Secretary