HomeMy WebLinkAboutPlanning Board Resolution – SEQRA Declaration of Lead Agency and Recommendation to the Board of Zoning AppealsPLANNING BOARD RESOLUTION NO. 29 OF 2018 - DECLARATION OF LEAD AGENCY AND RECOMMENDATION TO
BOARD OF ZONING APPEALS, MINOR SUBDIVISION, DURFEE HILL ROAD, TAX PARCEL NO. #13.-1-1.22
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. 13.-1-1.22, by William F. Farrell, Owner and Ralph W. Nash, Esq.
on behalf of Barbara Miller Fox, Applicant; and
Whereas the Applicant proposes to subdivide the existing 132.37-acre property into two parcels: Parcel A, measuring
129.30 acres, with 276.5 feet of frontage on Durfee Hill Road, 2907.64 feet of depth, and undeveloped; and Parcel B,
measuring 3.07 acres with 36.63 feet of frontage on Durfee Hill Road, approximately 1300 feet of depth, with existing
telecommunications tower; 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 an Area Variance from Town of Danby Zoning Ordinance Section 600(5) required frontage of not less than
200 feet and an Area Variance from Town of Danby Zoning Ordinance Section 600(6)(b) required minimum side yard
width of 50 feet is required for the creation of Parcel A; and
Whereas the telecommunications tower was granted two previous Area Variances by the Board of Zoning Appeals
from Town of Danby Zoning Ordinance Section 600(8) requirement of a maximum height of thirty-six feet on
September 16, 1996 and July 28, 1999; and
Whereas the Planning Board approved antennae improvements to the existing telecommunications tower by
Resolutions No. 7 of 2001 and No. 4 of 2003; and
Whereas the Planning Board is required per New York State Town Law §§ 277(3) and (6) to issue a written
recommendation to the Board of Zoning Appeals regarding the Appeal for an Area Variance; and
Whereas the Planning Board recommends the Board of Zoning Appeals grant the Area Variance with the condition
prohibiting any future improvements to Parcel B other than an eligible facilities request per Spectrum Act § 6409 for
modifications to the existing telecommunications tower that do not substantially change its physical dimensions as
per Nationwide Collocation Agreement, 47 C.F.R., Part 1, App. B and Telecommunications Act, 47 U.S.C. § 332(c)(7);
and
Whereas, if the Area Variances are granted, 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 #2 – A small-lot
minor subdivision is permitted, where the division results in a lot or lots of less than 8 acres, provided that the
following criteria are met:
a. No other division(s) or subdivision(s) involving the parcel being divided except for Land Annexation have taken
place within the previous three (3) consecutive years;
b. The subdivision results in no more than two lots, including the parcel being divided;
c. Both lots resulting from the subdivision have frontage on a public road maintained year-round;
d. Both lots resulting from the subdivision meet all other pertinent zoning requirements;
e. 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;
f. 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; 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;
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. 13.-1-1.22, by William F. Farrell,
Owner and Ralph W. Nash, Esq. on behalf of Barbara Miller Fox, Applicant.