HomeMy WebLinkAboutPlanning Board resolution - approval of Standard Subdivision, October 18, 2018PLANNING BOARD RESOLUTION NO. 26 OF 2018 - 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 A. Mastroberti, Owner and Applicant; and
Whereas the Applicant proposes to subdivide the existing 43.15-acre property into three parcels: Parcel 4,
measuring approximately 14 acres, with 153 feet of frontage on Comfort Road, approximately 1488 feet of depth, and
previously developed; Parcel 3, measuring approximately 16.04 acres with 402 feet of frontage on Comfort Road,
approximately 1160 feet of depth, and undeveloped; and Parcel 2, measuring approximately 13.03 acres, with 227
feet of frontage on Comfort Road, approximately 1289 feet of depth, with existing house; and
Whereas the Subdivision Plat also includes a portion of Tax Map No. 9.-1-13.22 identified as Parcel 1, to be added to
9.-1-13.5, which was approved ministerially as a Land Annexation in accordance with the Town of Danby Subdivision
and Land Division Regulations, Article II, § 201 A. Land Annexation; 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 an Area Variance from Zoning Ordinance Section 600(5) required frontage not less than 200 feet required
for the creation of Parcel 4 was granted by the Town of Danby Board of Zoning Appeals on September 25, 2018; 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 the Planning Board, being the local agency which has primary responsibility for approving the action, did on
September 20, 2018 declare itself the Lead Agency for the environmental review; and
Whereas this Board, acting as Lead Agency in environmental review, did on October 18, 2018 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 Lands of David A. Mastroberti,” Part
of Reference Deed: Instrument No. 2018-06187, prepared by Reagan Land Surveying, and dated September 17,
2018; and other application materials; and
Whereas the Planning Board did on October 18, 2018 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 October 18, 2018; 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;
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. 9.-1-13.22, by David A. 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.