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HomeMy WebLinkAboutPlanning Board Resolution – Preliminary and Final ApprovalPLANNING BOARD RESOLUTION NO. 2 OF 2019 - PRELIMINARY AND FINAL APPROVAL, 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 did on November 29, 2018 recommend that 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 the aforementioned Area Variances were both granted by the Town of Danby Board of Zoning Appeals on December 18, 2018; 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 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 required Public Hearing on January 17, 2019; 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; Whereas the Planning Board did on January 17, 2019 make a Negative Declaration of Environmental Significance for the project; and Whereas excepting the aforementioned Area Variances granted by the Board of Zoning Appeals on December 18, 2018, 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; Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby grant Preliminary and Final Subdivision Approval to the proposed 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, 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.