HomeMy WebLinkAboutPlanning Board Minutes - October 18, 20181
PLANNING BOARD MINUTES
Town of Danby Planning Board
Minutes of Regular Meeting
October 18, 2018
PRESENT:
Ed Bergman
Scott Davis
Joel Gagnon
Jody Scriber
Jim Rundle (Chair)
ABSENT:
Bruce Richards
Naomi Strichartz
OTHER ATTENDEES:
Town Board liaison Leslie Connors
Town Planner C.J. Randall
Recording Secretary Alyssa de Villiers
Public David Mastroberti, Mauricio Medina, Jill Rosentel
The meeting was opened at 7:04pm.
(1) CALL TO ORDER / AGENDA REVIEW
Under agenda item number five, the action items for the meeting were switched in order. Agenda item
number seven, the zoning audit review, was moved to nu mber eight, and discussion of the planned
additional meeting was added into it. Further discussion of timber harvesting was added as agenda item
number seven.
(2) PRIVILEGE OF THE FLOOR
No comments were made during privilege of the floor.
(3) APPROVAL OF MINUTES
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PLANNING BOARD MINUTES
MOTION: Approve September minutes
Moved by Davis, seconded by Bergman
The motion passed.
In favor: Bergman, Davis, Gagnon, Scriber, Rundle
(4) TOWN BOARD LIAISON REPORT
Leslie Connors shared the following information:
On Nov. 13 at 6:00pm there will be a National Resource Inventory (NRI) open house prior to the
Conservation Advisory Council (CAC) meeting at 7:00pm. To start the CAC meeting, Bob Beck will
be speaking. He is the author of “The Journey at Malloryville Bog: Commitment, Teamwork and
Tenacity in Defense of Land and Nature.” The CAC meeting time is now the second Tuesday of the
month.
The Town will hold a budget hearing on Nov. 5; the draft budget can be found on the Town
website. For every $100,000 in assessment, the tax bill will decrease somewhere between $10 and
$12.
Mailings will be going out about the Highway Superintendent referendum, considering the change
from an elected to an appointed position.
There was a logging operation on Travor Rd. that was stopped by the Highway Department and
the DEC due to very wet operating conditions.
(5) ACTION ITEMS
Project: Second (accessory) Dwelling
Location: Nelson Road, Tax Parcel # 6.-1-18.27
Applicant: Jill Rosentel
Anticipated Board action(s) this month: Public Hearing; Preliminary and Final Approval
Project Description: The Applicant requests the approval of a Special Permit for construction of
second dwelling unit in a separate building for permanent occupancy on the 12.345-acre lot. The
project is located in the Low Density Residential zone. This is a Type II action under the Town of
Danby Environmental Quality Review and State Environmental Quality Review Act.
The public hearing was opened at 7:13pm.
Randall stated that a member of the public asked about how far back the house will be, citing concern
about fragmentation of habitat. Rosentel said she is likely to place the house close to the minimum setback
allowed.
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PLANNING BOARD MINUTES
The public hearing was closed at 7:16pm.
Although the Board had previously asked for a 100’ separation of the buildings, the final decision was to
treat the garage with apartment as an accessory structure, which would not invoke Article V, Section 510 of
the Zoning Ordinance. This means that the applicant would not need to have the 50’ side yard space for
each structure, and so could place them closer together if she so chooses. Gagnon suggested there was
no need to impose a 100’ separation, and treating the structure as accessory would take care of this. Davis
felt that the proposed second building should be considered a principal residential building. The applicant
had a preference for not having the 100’ requirement included.
MOTION: Grant Preliminary and Final Approval, removing reference to Article V, Section 510
Moved by Gagnon, seconded by Bergman
The motion passed.
In favor: Bergman, Gagnon, Scriber, Rundle
Opposed: Davis
PLANNING BOARD RESOLUTION NO. 27 OF 2018 - SPECIAL PERMIT FOR SECOND
(ACCESSORY) DWELLING, NELSON ROAD, TAX PARCEL #6.-1-18.27
Whereas an application has been submitted for review and approval by the Town of Danby Planning
Board for a Special Permit for installation of a second dwelling unit on a lot in a separate building for
permanent occupancy at Town of Danby Tax Parcel No. 6.-1-18.27, by Jill Rosentel, Owner and
Applicant; and
Whereas this proposal action is reviewed under Article IX: Special Permits, of the Zoning Ordinance of
the Town of Danby; and
Whereas this action was determined to be a Type II Action not requiring environmental review under the
Town of Danby Environmental Review of Actions and under the State Environmental Quality Review
Act in accordance with the provisions of 6 NYCRR § 617.5(c)(2); 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
October 18, 2018; and
Whereas the Planning Board did on October 18, 2018, review and accept as adequate: application
materials, including drawings entitled “Survey Map: Parcel to be Conveyed to Jill Rosentel Located on
Nelson Road,” prepared by T.G. Miller, P.C., and dated 9/7/2018; elevations and floor plan, and other
application materials;
Therefore, be it
Resolved that the Town of Danby Planning Board hereby grants the Special Permit for a Second
(Accessory) Dwelling finding that the standards of Article VI: Zone Regulations § 600 (3)(m), and Article
IX: Special Permits § 902 (2) and § 904 of the Zoning Ordinance of the Town of Danby and New York
State Town Law § 274-b have been met.
Project: Standard Subdivision
Location: 808 Comfort Road, Tax Parcel # 9.-1-13.22
Applicant: David Mastroberti
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PLANNING BOARD MINUTES
Anticipated Board action(s) this month: Public Hearing; Determination of Environmental
Significance; Preliminary and Final Approval
Project Description: 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 acres with 402 feet of frontage on Comfort Road, approximately 1160 feet of
depth, and undeveloped; and Parcel 2, measuring approximately 13 acres, with 227 feet of
frontage on Comfort Road, approximately 1289 feet of depth, with existing house. An Area
Variance from Zoning Ordinance Section 600(5) for Parcel 4 frontage was granted by the Board of
Zoning Appeals at the September 25, 2018 meeting of the Board of Zoning Appeals. 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 a Type I 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.
Due to the annexation of two parcels into “parcel 1,” the parcel labels on the map changed. What were
previously parcels 1, 2, and 3 are now parcels 4, 3, and 2. Randall stated that the Board of Zoning Appeals
has granted an Area Variance for Parcel 4 with a mandatory setback of 250’ for a principal structure; this
will break the tie line, but set the house further back on the property where it widens out .
Gagnon brought up the broad question of how the Town handles “consolidation for tax purposes.” He
pointed out that in some places, if this is the only reason for consolidation, you can then easily
unconsolidate. He pointed out that it does matter, as it would have in this case, whether you can put the
lots back the way they were. Randall said that she addressed this with the Town’s lawyer, Guy Krogh; the
issue is complicated, and could go either way legally. In this case, the matter was treated as a
resubdivision.
The public hearing was opened at 7:39pm.
Regarding the Environmental Assessment Form, Part 2, Davis mentioned that he had been contacted by a
member of the public who had a question about the aquifer, as this person was in the general area and felt
they had a low, limited water supply. He specifically addressed questions 4(a) and (b), which ask about
changes to the supply and demand of water. Randall said that the threshold to be considered “moderate to
large impact may occur” is the use of 2,500 gallons or more per day; this would not be close to that.
Mastroberti added that he has had no trouble with the wells at any of the surrounding properties that he
owns or has lived at. He also stated that, in terms of impact, there is an extant well on the site in question,
although he is not sure whether it is currently functional. The Board decided to change the overarching
answer to question 4 to “yes” (the proposed action may result in new or additional use of ground water), but
check “no or small impact may occur” for questions (a) through (h).
Davis followed up, asking Randall whether there was anything the Town could do regarding marginal wells
and subdivision, acknowledging that this did not seem to apply in this case. Randall said that other than an
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PLANNING BOARD MINUTES
environmental protection overlay district, there was not something that could be done through zoning or
aquifer protection. Gagnon added that at a certain lot size, the cone of influence for a well is unlikely to
affect a well on an adjoining property.
The public hearing was closed at 7:51pm.
MOTION: Make a Negative Declaration of Environmental Significance
Moved by Gagnon, seconded by Scriber
The motion passed.
In favor: Bergman, Davis, Gagnon, Scriber, Rundle
PLANNING BOARD RESOLUTION NO. 25 OF 2018 - 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 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 acres with 402 feet of frontage on Comfort Road, approximately 1160 feet of
depth, and undeveloped; and Parcel 2, 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 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,” prepared by Reagan Land
Surveying, and dated October 15, 2018; and other application materials;
Therefore, be it
Resolved that the Town of Danby Planning Board determines the proposed Standard
Subdivision will result in no significant impact on the environment and that a Negative
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PLANNING BOARD MINUTES
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: Grant Preliminary and Final Approval
Moved by Gagnon, seconded by Bergman
The motion passed.
In favor: Bergman, Davis, Gagnon, Scriber, Rundle
PLANNING 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
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PLANNING BOARD MINUTES
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.
(6) PLANNING AND ZONING REPORT
C.J. Randall, Town Planner, reported the following:
The NRI draft maps will be presented at the open house on Nov. 13, followed by a talk by Bob
Beck at 7:00 p.m., and then the CAC meeting.
The CAC has a conservation easement in the works along 96B across from Van De Bogart Rd. It is
a large parcel with significant road frontage. There will be a public hearing at the Town Board
meeting on Nov. 12.
The beautification in front of Town Hall is in progress. Two handicap spots are currently gone, but
they will return closer to the door, along with improvements to the ramp to bring it into ADA
compliance (Americans with Disabilities Act of 1990).
The EV Connect charging station is active. You can connect u sing a smartphone app or a free key
fob that you can get from the Town Clerk.
The Town will be applying for money next year to do a Comprehensive Plan update in 2020 so that
it can be adopted in 2021. In conjunction with this, the Town will be seeking Climate Smart
Community certification; questions relating to the Climate Smart Community checklist have been
added to the zoning audit.
White Hawk Ecovillage’s site plan will be on the agenda for next month.
The bus shelter agreement between the Town and the Dotson Park Community Association is
almost complete. The road will be plowed to the turnaround. Geofiber permeable parking for the
Park & Ride area was discussed, but the final decision is that gravel will be used.
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PLANNING BOARD MINUTES
Because Danby is a right-to-farm town, there are strong protections for agriculture operations,
especially in agricultural districts. Currently a resident would like to open a cider tasting room in
Low Density Residential, and there is some question about the threshold between a tasting room
and a restaurant; customary agricultural uses are permitted in Low Density Residential. The parcel
with the proposed tasting room is non-contiguous with the parcel where the farm operation is
located, and the proposed tasting room would be in a single-family home. Randall is in contact with
Bob Somers at NYS Department of Agriculture and Markets regarding this matter. She will also ask
about what is acceptable in terms of modifying the Town’s Road Use Law to require a road use
agreement for timber harvesting operations. Timber is an important regional agricultural product,
but poor practices can lead to serious road degradation; currently harvesting operations are
exempt as an agricultural activity. It may be possible to do a Stormwater Pollution Protection Plan
(SWPPP) for harvests above a certain threshold, but there is a question about what would be
considered unreasonably restrictive. The goal is a compromise that works for everybody.
Scriber commented that the property of Blue Sky Center for Learning is for sale. Randall clarified
that if someone buys it, there would be no right to set up a business outside of the specially
permitted use already allowed.
(7) TIMBER HARVESTING
Davis mentioned that he was on a committee that has been drafting language to modify the zoning
ordinance that would ideally be streamlined, and possibly contain a SWPPP. Randall said that she has not
seen a draft, but encouraged him to bring one to her. She is currently beginning work on edits to the zoning
ordinance regarding this issue. Davis briefly described what he was thinking of, and it was left that he would
contact Matt Ulinski and get back to Randall.
(8) ZONING AUDIT REVIEW
Extra meeting
It was agreed that the Planning Board would hold a meeting outside of its regular meeting time on Tuesday
November 6th at 7:15 p.m; as with all Planning Board meetings, this will be open to the public . The meeting
will solely focus on the zoning audit in preparation for presenting the Town Board with suggestions at the
upcoming joint scoping meeting. Randall will send the full zoning audit with a short report in advance of the
meeting. She will bring a future land use map for members to circle broad use areas. Ideally the Board will
have the beginnings of a future land use map, emphasize highlights and priorities of the zoning audit, and
make some suggestions as to next year’s work plan.
Zoning audit
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Randall said that she had added questions related to becoming a NY Climate Smart Community; there is
nothing in the Town’s current comprehensive plan about resilience or climate. Randall will be meeting with
County Planning in November to go over their All-Hazard Mitigation Plan and discuss what goes into the
Town’s emergency planning as well as what goes into the zoning and comprehensive plan. Discussion of
this month’s zoning audit questions will be held over until the extra meeting.
(9) NEXT MONTH’S AGENDA
The agenda for the additional meeting had already been discussed. For the next meeting at the Board’s
regular meeting time, White Hawk Ecovilage will be on the agenda.
(10) ADJOURNMENT
The meeting was adjourned at 8:42pm.
___________________________________________
Alyssa de Villiers – Recording Secretary