HomeMy WebLinkAboutdraft Planning Board resolution - SEQRA Declaration of Lead Agency and Recommendation to Board of Zoning Appeals – September 20, 2018PLANNING BOARD RESOLUTION NO. 24 OF 2018 - DECLARATION OF LEAD AGENCY AND RECOMMENDATION TO
BOARD OF ZONING APPEALS, STANDARD 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
Standard 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 43.15-acre property into three parcels: Parcel 1,
measuring approximately 14 acres, with 153 feet of frontage on Comfort Road, approximately 1488 feet of depth, and
previously developed; Parcel 2, measuring approximately 16 acres with 402 feet of frontage on Comfort Road,
approximately 1160 feet of depth, and undeveloped; and Parcel 3, measuring approximately 13 acres, with 227 feet
of frontage on Comfort Road, approximately 1289 feet of depth, with existing house; and
Whereas the property is located 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 proposed Parcels 1 and 2 are currently joined by a tie line across Comfort Road; and
Whereas an Area Variance from Zoning Ordinance Section 600(5) required frontage not less than 200 feet is
required for the creation of Parcel 1; and
Whereas the Planning Board recommends the Board of Zoning Appeals grant the Area Variance to avoid creation of
an additional, irregularly shaped lot with 47’ of road frontage required to maintain the tax parcel’s tie line across
Comfort Road; and
Whereas this subdivision is classified as a Standard Subdivision in accordance with the Town of Danby Subdivision
and Land Division Regulations, Article II, § 201 C. Standard Subdivision, defined as 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 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; 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;
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 Standard Subdivision approval for Town of Danby Tax Parcel No. 9.-1-13.22, by David
Mastroberti, Owner and Applicant.DRAFT