HomeMy WebLinkAboutPlanning Board Resolution Preliminary and Final Approval – February 21, 2019PLANNING BOARD RESOLUTION NO. 6 OF 2019 - PRELIMINARY AND FINAL APPROVAL, MINOR SUBDIVISION, 329
NELSON ROAD, TAX PARCEL #4.-1-32.22
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. 4.-1-32.22, by John R. Barber, Owner and Applicant; and
Whereas the Applicant proposes to subdivide the existing 12.02-acre property into two parcels: Parcel A, measuring
10.02 acres and undeveloped and Parcel B, measuring 2.00 acres 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 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 February 21, 2019; and
Whereas this Board, acting as Lead Agency in environmental review, did on December 20, 2018 and February 21,
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 John Raymond Barber,” prepared by T.G. Miller, P.C., and dated 4/13/2017; and other application materials;
and
Whereas the Planning Board did on February 21, 2019 make a Negative Declaration of Environmental Significance
for the project; and
Whereas the Danby Fire Department has been given opportunity to comment; 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;
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. 4.-1-32.22, by John R. Barber, 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.