HomeMy WebLinkAboutPlanning Board Minutes - December 21, 2017PLANNING BOARD MINUTES PAGE 1
Town of Danby Planning Board
Minutes of Regular Meeting
December 21, 2017
FINAL
PRESENT:
Edward Bergman
Scott Davis
Joel Gagnon
Jim Rundle
Jody Scriber
Frank Kruppa
ABSENT:
Naomi Strichartz
OTHER ATTENDEES:
Town Board Leslie Connors
Town Planner C.J. Randall
Recording Secretary Kelly Cecala
Public Ray Van de Bogart, Michael Smith, Matt Ulinski, Ted Crane and Katharine Hunter.
The meeting was opened at 7:03 pm.
(1) CALL TO ORDER/AGENDA REVIEW:
Due to a conflict of interest, Chairman Kruppa asked to recuse himself from the discussion of the subdivision at 808
Comfort Rd. and appointed Gagnon as interim Chairman during this time. Kruppa requested to discuss this action item
last since a quorum of four (4) would be needed for the vote. Bergman choose to abstain from all votes this evening.
There were no other changes and/or deletions made to the agenda.
(2) PRIVILEGE OF THE FLOOR:
During the opening of privilege of the floor, Chairman Kruppa reminded the public to keep their comments respectful,
under three minutes, and addressed directly to members of the Board. There were no comments from the public.
(3) APPROVAL OF MINUTES:
MOTION – Approve October 2017 Minutes
Moved by Gagnon, Second by Rundle The motion passed
In Favor: Davis, Gagnon, Rundle, Kruppa Abstain: Bergman
The approval of the November 2017 Planning Board minutes was deferred to next month’s meeting.
PLANNING BOARD MINUTES PAGE 2
(4) TOWN BOARD REPORT:
Connors introduced Edward Bergman as the newest member of the Planning Board. Bergman was appointed to the
position earlier that week. The Planning Board is now full with seven (7) members. Connors reported that Danby
received ~ $400K to be used towards the Brown Road - Creek Stabilization Project.
(5) ACTION ITEMS:
Project: Minor Subdivision
Location: 100 Van de Bogart Road, Tax Parcel # 20.-1-1.2
Applicant: Ray Van de Bogart for Snow Top Realty Partnership
Anticipated Board action(s) this month: Declaration of Lead Agency
Project Description: The Applicant proposes to subdivide the existing 304.08-acre property into two
parcels: Parcel A, measuring 181.5 acres with existing house; and Parcel B, measuring 122.5 acres and
undeveloped with intent to remain in agriculture. 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 2 Actions and an Unlisted action under
the State Environmental Quality Review Act and is subject to environmental review.
Van de Bogart stated that he and his brother were partners on the farm and share the taxes. He said they were
looking to sell the southern part of the property to a gentleman from Illinois who alrea dy has horses and wants to do a
beef operation there.
Van de Bogart mentioned that he would not be available to attend the Public Hearing in January so he wanted to
address all the Planning Board’s questions and concerns tonight. Rundle had some questi ons about the map and
where/what was being subdivided. Van de Bogart approached the Board and explained the survey map , the
surrounding area and proposed subdivision in detail.
The Planning Board reviewed Part 1 of the Short EAF and made these recommended changes:
(1) Change answer to No (Rundle)
(8) Increase in Traffic – suggested to change to No (Davis)
(10) Need to be completed (Rundle)
(11) Need to be completed (Rundle)
Crane questioned the cattle operation and asked if it would be on the scale of a CAFO or “feed lot.” Van de Bogart
said that the potential buyer was a novice and that the property was set up for a grass fed pasture operation. Crane
also questioned what Snow Top Realty Partnership was and what the “Realty” implied. Van de Bogart said that it had
to do with how his family separated the partnership(s) between the cows and farming equipment from the property
ownership partnership. He added that they were not Brokers or anything like NY Land Quest.
PLANNING BOARD RESOLUTION NO. 46 OF 2017 - DECLARATION OF LEAD AGENCY, MINOR SUBDIVISION,100
VAN DE BOGART ROAD, TAX PARCEL #20.-1-1.2
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. 20.-1-1.2, by Ray Van de Bogart for Snow Top Realty
Partnership, Owner and Applicant; and
Whereas the Applicant proposes to subdivide the existing 304.08-acre property into two parcels: Parcel A,
measuring 181.5 acres with existing house; and Parcel B, measuring 122.5 acres and undeveloped with intent to
remain in agriculture; and
PLANNING BOARD MINUTES PAGE 3
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 for Town of Danby Tax Parcel No. 20.-1-1.2, by Ray Van de
Bogart for Snow Top Realty Partnership, Owner and Applicant.
MOTION – Declaration of Lead Agency
Moved by Gagnon, Second by Rundle The motion passed
In Favor: Davis, Gagnon, Rundle, Scriber, Kruppa Abstain: Bergman
Project: Minor Subdivision
Location: 808 Comfort Road, Tax Parcel # 9.-1-13.22
Applicant: David Mastroberti
Anticipated Board action(s) this month: Declaration of Lead Agency; Public
Hearing; Determination of Environmental Significance; Preliminary and Final Approval
Project Description: 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. 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 an
Unlisted action under the State Environmental Quality Review Act and is subject to environmental review.
At the November 16th meeting a vote was done to Declare Lead Agency at Tax Parcel # 9.-1-13.22 but it did not pass
with Kruppa abstaining from the vote. A majority of the voting membership is required to pass a resolution.
Therefore a revote was taken on December 21st for Resolution No. 41 of 2017.
PLANNING BOARD RESOLUTION NO. 41 OF 2017 - DECLARATION OF LEAD AGENCY, MINOR SUBDIVISION, 808
COMFORT ROAD, TAX PARCEL #9.-1-13.22
PLANNING BOARD MINUTES PAGE 4
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 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 for Town of Danby Tax Parcel No. 9.-1-13.22, by David
Mastroberti, Owner and Applicant.
MOTION – Declaration of Lead Agency
Moved by Scriber, Second by Davis The motion passed
In Favor: Davis, Gagnon, Rundle, Scriber Abstain: Bergman, Kruppa
Acting Chairman Gagnon opened the Public Hearing at 7:24 pm
Mastroberti said that he and his two brother(s) inherited the land when their mother passed away and that they had
maintained co-ownership up until now. He said they are to a point where they need to split the land into two (2) where
he would maintain ownership of one parcel and his brother the other. Mastroberti provided a full survey map to the
Planning Board and reviewed the map in detail with them. Mastroberti said that there was no immediate plan to build
on either lot.
The Board reviewed the Short EAF and had no recommended changes.
PLANNING BOARD MINUTES PAGE 5
PLANNING BOARD RESOLUTION NO. 47 OF 2017 - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, 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;
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.
MOTION – Determination of Environmental Significance
Moved by Rundle, Second by Scriber The motion passed
In Favor: Davis, Gagnon, Rundle, Scriber Abstain: Bergman, Kruppa
The Public Hearing closed at 7:29 pm.
PLANNING BOARD MINUTES PAGE 6
PLANNING BOARD RESOLUTION NO. 48 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.
MOTION – Preliminary and Final Approval
Moved by Rundle, Second by Davis The motion passed
In Favor: Davis, Gagnon, Rundle, Scriber Abstain: Bergman, Kruppa
PLANNING BOARD MINUTES PAGE 7
(6) PLANNNING & ZONING REPORT
Randall stated that the Town is starting to move ahead with the projects that were discussed at the joint scoping
meeting; one of the first being the Housing Needs Assessment. Randall reported that Katie Borgella is the newly
appointed County’s Commissioner of Planning and Sustainability. Randall said that Borgella is largely focused on
direct technical assistance to municipalities, which is great for Danby.
Randall said that the Town has meet with County Housing Planners to help scope out the project and has a list of
properties that are deemed in “poor” condition with the help of County GIS. Randall stated that some members of the
community believe that this list can be somewhat biased in the way that the County may deem a property to be of a
certain condition yet the Town may not agree with it. Randall said that the list is just a good place to start and not
meant to be part of a punitive process.
Randall said that the immediate goal is to increase the percentage of voluntary compliance with code enforcement.
Randall reported that Dryden was moving forward with a similar project and that they were recently awarded money
from the Community Development Block Grant-CDBG.
Randall stated that some projects are easier to scope (i.e. Wind Energy Conversions Systems (February) and the Audit
of Zoning and Special Permits) because the measurables and deliverables are easier to define; whereas the Housing
Needs Assessment is more nebulous. Randall mentioned that Town Board Member Rebecca Brenner, may be staying
on as Deputy Town Supervisor. Randall said that Brenner serves on the County EMS Task Force and said that there
may be an over-lap of those people on the Housing Needs list and those that need continuing EMS assistance.
Randall reported on the proudest achievement of 2017 which was the $435K that was awarded from the NYSDEC to
help stabilize the stream bank that is adjacent to Brown Rd., where erosion has lead to much sediment being
transported into Cayuga Inlet. Randall said that the County was very generous in helping with the initial engineering
studies and that the Highway Department has been very proactive in talking with adjacent landowners. Gagnon asked
what the Highway’s annual budget was - Randall said $500K., underscoring the magnitude of the grant in proportion.
Randall said the Town applied for an extension to submit the application for the $100K Clean Ene rgy Community grant;
the deadline is February 5th 2018.
(7) ADJOURNMENT
The meeting was adjourned at 7:50 pm.
___________________________________________
Kelly Cecala – Recording Secretary