HomeMy WebLinkAboutPlanning Board Resolution - Earth Rhythms Day Care Center - Special Permit approval, August 16, 2018PLANNING BOARD RESOLUTION NO. 23 OF 2018 - SPECIAL PERMIT FOR EARTH RHYTHMS DAY CARE CENTER, 1230
DANBY ROAD, TAX PARCEL #2.-1-8.1
Whereas an application has been submitted for review and approval by the Town of Danby Planning Board for a
Special Permit for a Day Care Center at Town of Danby Tax Parcel No. 2.-1-8.1, by Devon Buckley, Applicant and
Pamela Kaminsky, Owner; and
Whereas this proposal action is reviewed under Article IX: Special Permits, of the Zoning Ordinance of the Town of
Danby; and
Whereas the Applicant proposed adaptive reuse of the existing 4,371 sq. ft. building where no new construction is
required to facilitate private capital investment required to renovate and reuse the existing building within this area,
which is zoned Commercial “B”; 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
July 19, 2018 declare itself the Lead Agency 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 August 16, 2018; and
Whereas this Board, acting as Lead Agency in environmental review, did on July 18, 2018 and August 16, 2018,
review and accept as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the Applicant,
and Part 2 prepared by staff; and
Whereas the Planning Board did on August 16, 2018 make a Negative Declaration of Environmental Significance for
the project; and
Whereas the Tompkins County Planning Department, pursuant to §239 -l, -m, and -n of the New York State General
Municipal Law determined the proposal has no negative inter-community, or county-wide impacts;
Now Therefore, be it
Resolved that the Town of Danby Planning Board hereby grants the Special Permit for the Day Care Center 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 § 603 (d)(i), 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 Applicant must demonstrate continued compliance as a validly licensed day care center with the New York
State Office of Children and Family Services.
iv.The Special Permit is granted only for adaptive reuse of the existing 4,371 sq. ft. building on the existing Tax
Parcel 2.-1-8.1