HomeMy WebLinkAboutPlanning Board Resolution – SEQRA Negative Declaration of Environmental SignificancePLANNING BOARD RESOLUTION NO. 1 OF 2019 - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, 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 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 aforementioned Area Variances were both granted by the Town of Danby Board of Zoning Appeals on
December 18, 2019; and
Whereas 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 this Board, acting as Lead Agency in environmental review, did on November 29, 2018 and January 17,
2019 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 William F. Farrell,” prepared by T.G. Miller, P.C., and dated xx/xx/xxxx; and other application materials;
Now Therefore, be it
Resolved that the Town of Danby Planning Board determines the proposed Minor Subdivision will result in no
significant impact on the environment and that a Negative 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.