HomeMy WebLinkAboutPlanning Board Minutes - May 18, 2017Draft PB Minutes_Kelly Cecala Pg.1
Town of Danby Planning Board
Minutes of Regular Meeting
May 18, 2017
FINAL
PRESENT:
Scott Davis
Joel Gagnon
Jim Rundle
Jody Scriber
Naomi Strichartz
ABSENT:
Anne Klingensmith
Frank Kruppa
OTHER ATTENDEES:
Code Enforcement Paul Hansen
Recording Secretary Kelly Cecala
Public Pat Woodworth, Charles Tilton, Ted Crane, Sharon Gaden, Carl Crispell, and Jasmina Petrovic.
The meeting was opened at 7:05 pm.
MOTION – Appoint Joel Gagnon to Acting Chairman
Moved by Rundle, Second by Strichartz
In Favor: Unanimous
The motion passed
(1) CALL TO ORDER/AGENDA REVIEW:
Rundle requested to add zoning and the PDZ as discussion topics at the end of the meeting if time permits. Strichartz
requested to move the subdivision request for Jasmina Petrovic to the front of the meeting. Rundle said that there is a
Public Hearing scheduled first. The other board members were in favor of following the agenda as it was provided.
(2) PRIVILEGE OF THE FLOOR:
Ted Crane commented that he was pleased to hear Rundle cover the subject of zoning and the PDZ and remarked that the
Board should also consider bringing the zoning and subdivision rules into compliance with the goals of the Danby
Comprehensive Plan.
(3) APPROVAL OF APRIL MINUTES:
A draft copy of the minutes had not been provided to the Planning Board, therefore the approval of the minutes has been
deferred to the next meeting in June.
Draft PB Minutes_Kelly Cecala Pg.2
(4) TOWN BOARD LIAISON REPORT:
No Town Board member was present to give a report. Gagnon/Hansen said that the Town approved a budget for a CAC
recording secretary and will begin interviewing for this position. Hansen said that the highway solar project on Hornbrook is
slowly moving forward and had been held up for a while in contracts.
(5) ACTION ITEMS:
Project: Minor Subdivision
Location: Coddington Road, Tax Parcel # 5.-1-4.22
Applicant: Brian Jackson for Carl Crispell
Anticipated Board action(s) this month: Public Hearing; Determination of Environmental Significance; Preliminary & Final
Approval
Project Description: The Applicant proposes to subdivide the 149.57 -acre property, currently joined by a tie line across
Coddington Road, into two parcels: Parcel A, measuring 122 acres, with approximately 2,650 feet of frontage on
Coddington Road, approximately 1900 feet of depth; and Parcel B, measuring 28.52 acres with approximately 1,660 feet of
frontage on Coddington Road, approximately 850 feet of depth. 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.
The public hearing for the Crispell subdivision opened at 7:15 pm.
Crane commented that the property map appears to only show Parcel A for some reason. Gagnon asked why Crispell
wanted to subdivide. Crispell said that he was getting too old to walk up the hill and wanted to keep the flat (larger) part for
himself and split the property up and sell the smaller lot. Strichartz asked what he was hoping to do. Crispell said that he
was hoping someone would buy it for a horse farm.
Gagnon asked if Crispell had considered a conservation easement on the property before he sold it , which would ensure
that it remains in one piece versus getting subdivided into a bunch of lots. Crispell said that he wants to be able to sell it for
the maximum amount that he can. Gagnon added that the assessment department would assert that a conservation
easement does not alter their market value. Strichartz commented that she believes it can enhance the value in some
situations.
PLANNING BOARD RESOLUTION NO. 25 OF 2017 - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, MINOR
SUBDIVISION, CRISPELL FARM, CODDINGTON ROAD, TAX PARCEL NO. 5.-1-4.22
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. 5.-1-4.22 by Brian Jackson, Applicant and Carl Crispell, Owner; and
Whereas the Applicant proposes to subdivide the 149.57-acre property, currently joined by a tie line across Coddington
Road, into two parcels: Parcel A, measuring 122 acres, with approximately 2,650 feet of frontage on Coddington Road,
approximately 1900 feet of depth; and Parcel B, measuring 28.52 acres with approximately 1,660 feet of frontage on
Comfort Road, approximately 850 feet of depth; 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;
Draft PB Minutes_Kelly Cecala Pg.3
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 Per mits, 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
March 16, 2016 declare itself the Lead Agen cy for the environmental review; 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 May 18, 2017; and
Whereas this Board, acting as Lead Agency in environmental review, did on May 18, 2017 review and accept as adequate:
a Short Environmental Assessment Form (SEAF), Part 1, submitte d by the Applicant, and Part 2, prepared by the Planning
Administrator; a survey map entitled “Survey Map Showing a Portion of Lands of Carl Crispell, Town of Danby, County of
Tompkins, State of New York, Part of Tax Map No. 5.-1-4.22, Part of Reference Deed; Instrument No. 493451-002,”
prepared by Reagan Land Surveying and dated 3/2017; and other application materials;
Now Therefore, be it
Resolved that the Town of Danby Planning Board determines the proposed Mino r 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 Sta te Environmental Quality Review Act.
Gagnon suggested adding a Whereas which states that a Public Hearing was held on May 18, 2017.
MOTION - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE
Moved by Strichartz, Second by Rundle
In Favor: Davis, Rundle, Scriber, Strichartz, Gagnon
The motion passed
The public hearing for the Crispell subdivision closed at 7:21 pm.
PLANNING BOARD RESOLUTION NO. 26 OF 2017 - PRELIMINARY AND FINAL APPROVAL, MINOR SUBDIVISION,
CRISPELL FARM, CODDINGTON ROAD, TAX PARCEL NO. 5.-1-4.22
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. 5.-1-4.22 by Brian Jackson, Applicant and Carl Crispell, Owner; and
Whereas the Applicant proposes to subdivide the 149.57-acre property, currently joined by a tie line across Coddington
Road, into two parcels: Parcel A, measuring 122 acres, with approximately 2,650 feet of frontage on Coddington Road,
approximately 1900 feet of depth; and Parcel B, measuring 28.52 acres with approximately 1,660 feet of frontage on
Comfort Road, approximately 850 feet of depth; 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;
Draft PB Minutes_Kelly Cecala Pg.4
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 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 May 18, 2017; and
Whereas the Planning Board, being the local agency which has primary responsibility for approving the action, did on
March 16, 2016 declare itself the Lead Agency for the environmental review; and
Whereas this Board, acting as Lead Agency in environmental review, did on May 18, 2017 review and accept as adequate:
a Short Environmental Assessment Form (SEAF), Part 1, submitted by the Applicant, and Par t 2, prepared by the Planning
Administrator; a survey map entitled “Survey Map Showing a Portion of Lands of Carl Crispell, Town of Danby, County of
Tompkins, State of New York, Part of Tax Map No. 5.-1-4.22, Part of Reference Deed; Instrument No. 493451-002,”
prepared by Reagan Land Surveying and dated 3/2017; and other application materials; and
Whereas the Planning Board did on May 18, 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 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 App roval to the
proposed Minor Subdivision of Town of Danby Tax Parcel No. 5.-1-4.22 by Brian Jackson, Applicant and Carl Crispell,
Owner, 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.
Gagnon suggested adding a Whereas which states that a Public Hearing was held on May 18, 2017.
MOTION - PRELIMINARY AND FINAL APPROVAL
Moved by Strichartz, Second by Rundle
In Favor: Davis, Rundle, Scriber, Strichartz, Gagnon
The motion passed
Project: Minor Subdivision
Location: 119 West Miller Road, Tax Parcel # 7.-1-65.2
Applicant: Jasmina Petrovic
Anticipated Board action(s) this month: Sketch Plan
Project Description: The Applicant proposes to subdivide the 9.39-acre property into two parcels: Parcel 1, measuring
2.37 acres, with 200 feet of frontage on West Miller Road, 416.36 feet of depth; and Parcel 2, measuring 7.04 acres with
210.87 feet of frontage on West Miller Road, and 924.30 feet of depth. This is an Unlisted Action unde r the Town of Danby
Environmental Review of Actions and the State Environmental Quality Review Act and is subject to environmental review.
Gagnon asked Hansen what the history was of this subdivision and said that unless the Planning Board does a waiver o f
requirements, it does not qualify as a minor subdivision because it has been less than three years since it was last
subdivided. Hansen replied saying that prior to this, the property was included to Milton Tucker property, where a
Draft PB Minutes_Kelly Cecala Pg.5
subdivision was approved in February 2017. Hansen said that if this is taken as is, then yes it would be the second
subdivision in less than three years. Hansen commented that the reason there is a quandary about this, is because
essentially the property was sold to Tucker several years ago, but that the paperwork was not filed until December 2016.
Hansen said that it was up to the Board’s discretion on how to handle it.
Rundle asked what the evidence was that the property actually changed hands? Jasmina Petrovic stated that it changed
hands on December 5th, 2011. Petrovic said that Tucker refused to go to the lawyers to sign the paperwork and therefore it
was never filed because she could not get a signature. Strichartz said that conceivably we could say that it was subdivided
six years ago and therefore it can be subdivided again. Hansen agreed but said that there is no evidence one way or the
other as far as the transaction details.
Rundle said that if it was actually sold that there should be proof of that. Petrovic added that Tucker found out that the land
was under foreclosure when he finally signed the paperwork and that is when he went and paid taxes. Petrovic said that
Tucker only started paying taxes in 2016. Hansen added that when the taxes were paid by Tucker in 2016 it was only for
his portion of the property. Rundle asked who had been paying taxes on the rest of the property then. Hansen said that the
Tucker property is free and clear and that Tucker is paid up to date. Hansen said that the Petrovic property is not up to da te
and is in foreclosure for non-payment for taxes. Davis said that if Tucker bought the property and if it became a tax parcel
for which he paid taxes on, then isn’t that evidence that a transaction took place. Crane said that payment of taxes does no t
apply ownership. Hansen said that in December of 2016 Tucker paid three (3) years’ worth of taxes for the smaller “L”
shaped piece of property that he bought in 2011 and that he did this to have a clear title and that he now has the deed for
this property.
Crane asked Petrovic if she paid taxes on the portion of the parcel that she had kept, Petrovic said yes. Petrovic added that
she did whatever Tuckers attorney told her too. Crane said that it sounds like Petrovic did not pay taxes based on a
separate bill from the assessment department. Davis asked Petrovic if she received the only tax bill, Petrovic said yes.
Hansen said that three (3) years is the same amount of time for foreclosure as it is for the time that needs to pass before
you can subdivide a second time. Hansen said that Tucker did not file the paperwork until his son told him to get on the ball
or everything would fall apart and the entire property was going into foreclosure.
Crane forewarned that if the Planning Board waives the three year rule then to do it in such a way to not to set a precedent
and open the door for other “hand shake” deals. Davis quest ioned how a land exchange could take place but with no deed
change record, no tax parcel change, no proof of taxes being paid, or any other evidence to prove or disprove of it actually
happening. Hansen said that everything was finalized and took place once the Planning Board approved the subdivision in
February 2017. Davis commented that Tucker legally just bought the property earlier this year then.
Hansen said the question for the Planning Board now is whether or not a Public Hearing would be set up for a major or
minor subdivision. Gagnon said that if it does not meet the criteria for a minor subdivision then it would be a standard (not
major) subdivision. Hansen commented that Petrovic has the right to ask for a subdivision since it is in foreclosure. He
added that the foreclosure is not finalized until the county takes the property and that an auction is scheduled for mid-June.
Hansen said that Petrovic owns the smaller piece of property and she is trying to save her house. Hansen said that she has
a buyer for the larger parcel and that if the Planning Board allows this process to go through that she will have someone
who will pay the taxes on the property. Hansen said that the lawyers apportioned the taxes in December. Crane added that
it appears that when the deed was filed for the separation last winter that the lawyers appropriated all the unpaid taxes to
one party - Petrovic.
Hansen said that someone illegitimately (through the lawyers) appropriated the taxes in December because the subdivision
had not been granted yet. Hansen said they were up against the deadline of the property going into foreclosure and that
Draft PB Minutes_Kelly Cecala Pg.6
the county basically wants to get paid for taxes as much possible, probably allowed for the taxes to be paid for the smaller
portion only.
Scriber said that the Planning Board should have had the entire story before they reviewed and approved the subdivision in
February. Hansen said that the subdivision actually took care of some of the problems with the property and that Tucker is
fine and the amount of taxes left over is legitimate. Gagnon said the issue now is that Petrovic cannot pay the taxes.
Hansen said to base the decision on the merits of the case, not the taxes that were paid. Scriber questioned how their
decision can be done timely enough for Petrovic. Hansen said it can because she has someone that is interested in the
property and that there is a legal agreement.
Gagnon commented that subdivision is more or less entitled as long as you can satisfy the conditions for it. Strichartz
remarked that the Board should aim themselves in the direction to help their neighbor not lose their house if it can be done
legally. Gagnon said that this should be treated as a standard subdivision and there is no financial impact to the applicant
to do so, it is just a longer process because it is usually two -phased. Rundle asked if a Public Hearing can be held next
month and at the very same meting vote on final approval. Hansen said that he understands you can.
Petrovic stated that her home had to be vacant by May 31 st and that on June 12th there would be an auction. Hansen
advise Petrovic to get her potential buyer on the ba ll and to follow the agreement and pay the taxes before the end of the
month so that the foreclosure does not take place and the subsequent auction will therefore not take place. Gagnon said
the potential buyer has up until May 31 st to pay the taxes.
After a lengthy discussion the Planning Board decided to treat the Petrovic case as a standard subdivision and agreed to
schedule a Public Hearing in June and if appropriate the Board will take final action at the same meeting .
MOTION - Schedule a Public Hearing for June for a Standard Subdivision at 119 West Miller Road, Tax Parcel # 7.-1-
65.2, applicant Jasmina Petrovic.
Moved by Strichartz, Second by Gagnon
In Favor: Davis, Rundle, Scriber, Strichartz, Gagnon
The motion passed
Project: Minor Subdivision
Location: 552 Comfort Road, Tax Parcel # 8.-1-31.22
Applicant: Sue Oltz for the Oltz Living Trust
Anticipated Board action(s) this month: Determination of Environmental Significance; Preliminary & Final Approval
Project Description: The Applicant proposes to subdivide the existing 78.66-acre property, currently joined by a tie line
across Comfort Road, into two parcels: Parcel A, measuring 34.423 acres, with 627.83 feet of frontage on Comfort Road,
1887.90 feet of depth; and Parcel B, measuring approximately 44.237 acres with approximately 944 feet of frontage on
Comfort Road, approximately 794 feet of depth. 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.
The Planning Board reviewed the Short EAF Part 1 to the Oltz parcel and noted the following changes:
5A – Change from N/A to Yes it is a permitted use
5B – Change from N/A to Yes it is a permitted use
10 – Unmark because the question is not applicable or add N/A as an option
11 – Unmark because the question is not applicable or add N/A as an option
Draft PB Minutes_Kelly Cecala Pg.7
Strichartz commented that there is a water shortage in that area and that it should be noted because people are running out
of water. Rundle said that until someone buys it and does something with it, there is no way of knowing what the impact will
be on water. Strichartz added that she has been discussing the water issue and the low aquifer in that area for a lmost 20
years and that no action has been taking in that area regarding zoning changes.
PLANNING BOARD RESOLUTION NO. 27 OF 2017 - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, MINOR
SUBDIVISION, 552 COMFORT ROAD, TAX PARCEL NO. 8.-1-31.22
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. 8.-1-31.22, by Sue Oltz, Applicant and Oltz Living Trust, Owner; and
Whereas the Applicant proposes to subdivide the 78.66-acre property, currently joined by a tie line across Comfort
Road, into two parcels: Parcel A, measuring 34.423 acres, with 627.83 feet of frontage on Comfort Road, 1887.90 feet of
depth; and Parcel B, measuring approximately 44.237 acres wit h approximately 944 feet of frontage on Comfort Road,
approximately 794 feet of depth; 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 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 April 27, 2017; and
Whereas the Planning Board, being the local agency which has primary responsibility for approving the action, did on
March 16, 2016 declare itself the Lead Agen cy for the environmental review; and
Whereas this Board, acting as Lead Agency in environmental review, did on May 18, 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 “Survey for KSV Irrevocable Trust Located on East Side of Comfort Road, Town of
Danby,” prepared by Williams & Edsall Land Surveyors, P.C., and dated 3/2/2017; and other application materials;
Now Therefore, be it
Resolved that the Town of Danby Planning Board determines the proposed Minor 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.
Gagnon suggested adding a Whereas which states that a Public Hearing was held on April 27, 2017.
MOTION - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE
Moved by Rundle, Second by Davis
In Favor: Davis, Rundle, Scriber, Strichartz, Gagnon
The motion passed
Draft PB Minutes_Kelly Cecala Pg.8
PLANNING BOARD RESOLUTION NO. 28 OF 2017 - PRELIMINARY AND FINAL APPROVAL, MINOR SUBDIVISION,
552 COMFORT ROAD, TAX PARCEL NO. 8.-1-31.22
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. 8.-1-31.22, by Sue Oltz, Applicant and Oltz Living Trust, Owner; and
Whereas the Applicant proposes to subdivide the 78.66-acre property, currently joined by a tie line across Comfort Road,
into two parcels: Parcel A, measuring 34.423 acres, with 627.83 feet of frontage on Comfort Road, 1887.90 feet of depth;
and Parcel B, measuring approximately 44.237 acres wit h approximately 944 feet of frontage on Comfort Road,
approximately 794 feet of depth; 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 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 April 27, 2017; and
Whereas the Planning Board, being the local agency which has primary responsibility for approving the action, did on
March 16, 2016 declare itself the Lead Agency for the environmental review; and
Whereas this Board, acting as Lead Agency in environmental review, did on May 18, 2017 review and accept as adequate:
a Short Environmental Assessment Form (SEAF), Part 1, submitted by the Applicant, and Part 2, pre pared by the Planning
Administrator; a survey map entitled “Survey for KSV Irrevocable Trust Located on East Side of Comfort Road, Town of
Danby,” prepared by Williams & Edsall Land Surveyors, P.C., and dated 3/2/2017; and other application materials;
Whereas the Planning Board did on May 18, 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 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. 8.-1-31.22, by Sue Oltz, Applicant and Oltz Living Trust,
Owner, 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.
Gagnon suggested adding a Whereas which states that a Public Hearing was held on April 27, 2017.
Draft PB Minutes_Kelly Cecala Pg.9
MOTION - PRELIMINARY AND FINAL APPROVAL
Moved by Rundle, Second by Strichartz
In Favor: Davis, Rundle, Scriber, Strichartz, Gagnon
The motion passed
(6) BOARD DISCUSSION – HOUSING
Gagnon reported on the well-attended Housing Summit last fall, which asses the housing needs in the area, and was hosted
by Martha Robert. Gagnon said that much of the information had been incorporated into a preliminary plan which will be
going before the legislature. Gagnon stated that the housing strategy that is in place now has a focus on developing those
parts of the county where infrastructure is already in place and that there is also a “bow” to those historical areas or “rur al
nodes” (like Danby) where infrastructure is not in place but are still part of the plan.
Gagnon said that West Danby was left out and that the Danby node is a circle around 96B, close to bus routes and public
transportation. Gagnon said that trying to make it happen is the challenge because the targeted community may or may not
be in support of the growth. Gagnon said that the builders are more than willing to build, but facilitating the process is w hat
is difficult and that we need to make the process easier for them.
Strichartz commented that there is already too much traffic in Ithaca as it is. Scriber said the goal is to try and eliminat e
some of the cars on the road. Scriber asked how much new growth was happening in Danby now. Hansen said that 20 per
year would be on the high side. Gagnon said that the growth is focused on the nodes and the goal is to prevent sprawl.
Rundle asked how that growth was possible without adequate water and sewer. Hansen added that C.J. submitted an
applicant with the state for a grant to fund the construction of sidewalks along 96B.
(7) BOARD DISCUSSION OF ZONING, PDZ, AND SPECIAL PERMITS
Rundle commented that at one point there was a list of the PDZ and wanted to continue the dialogue to address those PDZ
that are not in use and make some recommendations to the Town Board. Davis added that it would be well worth reviewing
the special permits by right too and make recommendations to the Town Board to vastly restrain them.
Rundle added that there are a lot of PDZ not in use and that do not make any sense. Hansen added that C.J. is already
working on it and anticipates that there will be a list of proposed changes to existing PDZ by the end of the summer.
Rundle said that the term “special permit” leads people to believe that they need to get a special permit to do it, when in fact
they do not and have those by right. Rundle said that we should not have a long list of things allowed by special permit,
when in fact the Planning Board can rarely if ever constrain them and that the process should be changed.
Hansen suggested to ask C.J. directly at each meeting for an update on where things stand, because we all get busy.
Strichartz asked Hansen to provide a copy of the list of PDZ. Hansen also r ecommended that the Planning Board review
the zoning ordinance on-line.
Rundle suggested to add a discussion of PDZ to next month’s agenda and made a motion:
MOTION – Add PDZ as a discussion topic to June’s agenda to eliminate unused PDZ w/input and update from C.J.
Moved by Rundle, Second by Scriber
In Favor: Davis, Rundle, Scriber, Strichartz, Gagnon
The motion passed
Draft PB Minutes_Kelly Cecala Pg.10
Davis said that he would like to draft a letter to the tax assessment office regarding the Petrovic/Tucker exchange
questioning exactly what happened. Hansen added that he explain pretty clearly what had happened and that in the fall of
2016 Tucker was able to file the deed through his lawyer. Rundle stated that it might make a difference to have a written
letter from the Planning Board stating that we are confused by the details of this case. Hansen said that a mistake was
found in the process.
(8) PLANNNING & ZONING REPORT
C.J. Randall was absent from the meeting, there was no Planning & Zoning report.
(9) ADJOURNMENT
The meeting was adjourned at 9:01 pm.