HomeMy WebLinkAboutPlanning Board Minutes - April 19, 2018PLANNING BOARD DRAFT MINUES PAGE 1
Town of Danby Planning Board
Minutes of Regular Meeting
April 19, 2018
DRAFT
PRESENT:
Edward Bergman
Scott Davis
Joel Gagnon
Jody Scriber
Naomi Strichartz
Frank Kruppa
ABSENT:
Jim Rundle
OTHER ATTENDEES:
Town Planner C.J. Randall
Recording Secretary Kelly Cecala
Public Alyssa de Villiers, Crista Gee, Terry Ruebel, Jake Ruebel III, Kim Ruebel, Viktor Ruebel,
Jim Sczepanski, Elizabeth Honis, Matt Ulinski, Ted Crane, Leslie Connors, Jessica and
Justin Sczepanski and Cathy LaMorie.
The meeting was opened at 7:02 pm.
Kruppa announced that Alyssa de Villiers was hired as the new Recording Secretary for Planning Board and BZA
and would be starting her position in May 2018.
(1) CALL TO ORDER/AGENDA REVIEW:
Davis requested to add the logging issue at Deputron Hollow Rd. to the agenda. Randall asked to strike the
Zoning Audit from the agenda. There were no other changes made.
(2) PRIVILEGE OF THE FLOOR:
Town Board member Matt Ulinski, and Chair of the Conservation Advisory Council, commented about the logging
incident at Deputron Hollow Rd. Ulinski said the Town Board had requested that the CAC come up with
recommendations on how to better manage logging issues in the future. Ulinksi asked to set up a sub-committee
that included Planning Board and CAC members and invited all to attend the upcoming CAC meeting on Monday
April 23rd.
Crane commented that the Earth Day Celebration was Sunday April 22nd. Crane rallied to get the public involved
in helping with the road clean up at 11 AM. Crane spoke about the activities that could be found at Town Hall and
Jennings Pond.
PLANNING BOARD DRAFT MINUES PAGE 2
(3) APPROVAL OF MINUTES:
The approval of the February 2018 minutes was deferred to May’s meeting.
MOTION – Approve March 2018 Minutes
Moved by Bergman, Second by Scriber The motion passed
In Favor: Bergman, Davis, Gagnon, Scriber, Strichartz, Kruppa
(4) TOWN BOARD LIAISON REPORT
Randall added the Town Board Liaison Report back to the agenda at the request of the Planning Board, however
Connors was not made aware of this request. Connors did not give a report and stated that Randall would cover
any Town Board related updates.
(5) ACTION ITEMS:
Project: Minor Subdivision
Location: East Miller and Troy Roads, Tax Parcel # 7.-1-30.2
Applicant: Jessica and Justin Sczepanski for Sczepanski Farms
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 165.35-acre property into two
parcels: Parcel A, measuring 3.02 acres and vacant and Parcel B, measuring 162.33 acres with existing
house. 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 an Unlisted 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.
Kruppa opened the Public Hearing at 7:10 pm.
Elizabeth Honis stated that she lived across the street from the proposed subdivision and asked which parcel was
being subdivided. Honis said she was very unclear on what was happening. Jessica Sczepanski addressed the
neighbor directly explaining that her father in-law owned the farm. She said that he was allowing them to
subdivide off a 3-acre parcel along Troy Rd. so they could build a house and occupy it.
Crane also noted that the submittals for the proposal were not available online, saying that it would be difficult for
people to know in advance what was happening. Kruppa and Randall said that would double check the town web.
BZA member Earl Hicks, asked if Randall could define what a minor subdivision was. Randall provided the
definition in accordance with the Danby Subdivision and Land Division Regulations. Jake Ruebel III also
commented that if they want to subdivide and build, then let them do it, there was no harm in it. There were no
other comments from the public.
The Board had previously reviewed the EAF at the prior meeting, there were no recommended changes.
PLANNING BOARD DRAFT MINUES PAGE 3
PLANNING BOARD RESOLUTION NO. 12 OF 2018 - DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE,
MINOR SUBDIVISION, EAST MILLER AND TROY ROADS, TAX PARCEL #7.-1-30.2
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. 7.-1-30.2, by Sczepanski Farms, Owner, and Jessica and
Justin Sczepanski, Applicants; and
Whereas the Applicants propose to subdivide the existing 165.35-acre property into two parcels: Parcel A,
measuring 3.02 acres and vacant, and Parcel B, measuring 162.33 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 #1 – 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 March 15, 2018 and April 19, 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 Lands of
Sczepanski Farms” prepared by Reagan Land Surveying, and dated February 28, 2018; 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. Culvert
MOTION – Determination of Environmental Significance
Moved by Gagnon, Second by Strichartz The motion passed
In Favor: Bergman, Davis, Gagnon, Scriber, Strichartz, Kruppa
Kruppa closed the Public Hearing at 7:15 pm.
PLANNING BOARD DRAFT MINUES PAGE 4
PLANNING BOARD RESOLUTION NO. 13 OF 2018 - PRELIMINARY AND FINAL APPROVAL, MINOR
SUBDIVISION, EAST MILLER AND TROY ROADS, TAX PARCEL #7.-1-30.2
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. 7.-1-30.2, by Sczepanski Farms, Owner, and Jessica and
Justin Sczepanski, Applicants; and
Whereas the Applicants propose to subdivide the existing 165.35-acre property into two parcels: Parcel A,
measuring 3.02 acres and vacant, and Parcel B, measuring 162.33 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 I
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 April 19, 2018; and
Whereas this Board, acting as Lead Agency in environmental review, did on March 15, 2018 and April 19, 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 Lands of
Sczepanski Farms” prepared by Reagan Land Surveying, and dated February 28, 2018; and other application
materials; and
Whereas the Planning Board did on April 19, 2018 make a Negative Declaration of Environmental Significance
for the project; 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. 7.-1-30.2, by Sczepanski Farms, Owner,
and Jessica and Justin Sczepanski, Applicants, 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.
MOTION – Preliminary and Final Approval
Moved by Strichartz, Second by Gagnon The motion passed
PLANNING BOARD DRAFT MINUES PAGE 5
In Favor: Bergman, Davis, Gagnon, Scriber, Strichartz, Kruppa
Project: Ruebel Land Division
Location: 298-310 Ridgecrest Rd, Tax Parcels # 3.-1-37, 3.-1-38, 3.-1-31.3
Applicant: Estate of Jacob Ruebel
Anticipated Board action(s) this month: Classification of Land Division
Project Description: The Applicant proposes to reconfigure the existing three properties into five
parcels to then be consolidated: Parcel A (existing parcel 3.-1-37), measuring 0.864 acres with existing
house; Parcel B, measuring 8.291 acres and vacant; Parcel C, measuring 2.033 acres with existing
house, Parcel D (existing parcel 3.-1-31.3), measuring 1.004 acres with existing house, to be
consolidated with Parcel E, measuring 8.373 acres and vacant. Proposed parcels D & E are to be
consolidated as parcel 3.-1-31.3. Proposed Parcels B & C are to be consolidated as parcel 3.-1-38. The
properties are 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.
Randall stated that this was a complicated land annexation, with many lot lines moving, and that it was her
discretion to run it past the Planning Board to make them aware of it. Randall said if the Plan ning Board agrees
that it is only a land annexation (with no new lots be created) and only requires administrative action, then the
Ruebels will bring the plots to Town Hall and she would signed off on them. Kim Ruebel said that her father
owned the property and that this land annexation was to execute the request written in his will. In the end, there
will be three (3) lots.
MOTION – The Planning Board agrees that that proposed Ruebel land division classification is indeed a
Land Annexation.
Moved by Gagnon, Second by Strichartz The motion passed
In Favor: Bergman, Davis, Gagnon, Scriber, Strichartz, Kruppa
(6) LOGGING DISCUSSION
Davis started the discussion saying that he attended a recent Town Board meeting and many citizens were
concerned about a recent logging operation that took place on private land at Deputron Hollow Rd. Davis visited
the location and shared some pictures with the Planning Board; the pictures revealed severe degradation to the
road.
Connors said that he cut too much and o riginally started back in December but had to stop when his equipment
broke down. Connors added that one suggestion is to make the logger consult a Forester first and to approach
the Town with a plan on large scale (i.e. 10 acres +) operations.
Strichartz said she also visited the location. Davis said that Forester George Adams also attended the Town
Board meeting and said that logging should not be done in the wet season or on a steep hillside; rules that could
be added to a logging ordinance.
Adams noted that the logger’s equipment was leaking hydraulic oil “furiously” and he left several 5-gallon
containers on the ground. Adams has been visiting the location almost daily and noted that a lot of mud is running
into the nearby stream and that the logger is not regraded the road correctly. Gagnon asked how many acres
were cut. Adams said 36 total, 5 acres of which are in an ag -zone.
PLANNING BOARD DRAFT MINUES PAGE 6
Davis commented that many Towns have logging rules and regulations in place . He reinforced what Ulinski had
previously said during POV that the Town Board has tasked the CAC for recommendations on how to control
logging and put a logging ordinance in place. Davis questioned how the Planning Board could assist with setting
up logging controls.
Ulinski said that one way to manage logging is through Conservation Zoning. Davis stated that he also contacted
The Town Board Association for advice. Randall added that it was too soon to tell whether or not the Town of
Danby’s Stormwater Management, Erosion and Sediment Control Law will have any bearing on the situation. She
said that once the Town gets a fly-over of the property it will determine whether or not the property owner should
have filed a SWPP with the Town.
Davis and Gagnon both volunteered to represent the Planning Board at the sub -committee.
(7) PLANNNING & ZONING REPORT
Randall reported on March’s municipal info-structure roundtable discussion at Syracuse University; the purpose
was to seek out information about grants for water and waste water info-structure planning. Randall said she is
starting to piece together an application to his summer’s Consolidated Funding Applications (CFA) for the water
and waste water feasibility study for the hamlet(s).
Randall also reported on a conference she attended in Orlando where she learned a lot about Town “signage” and
said that this was an area that needed more study and exploration in Danby.
Randall commented that she presented the first round of the draft foundational maps for natural resources
inventory at the March CAC meeting.
Randall said that the BZA approved the area variance for the Curtis Rd. subdivision and took the Planning Board’s
recommendation of restricting a permanent structure. Connors added that Town Board received the Planning
Board’s recommendation to re-zone Hornbrook Rd. and has claimed lead agency on it.
Randall spoke about the Cayuga Lake water shed summit at Seneca Falls that she attended that day. She said
the attendees included municipal officials from 44 municipalities and soil and water conservation districts. Randall
was a presenter and spoke about the Brown Rd. project at the summit.
Randall reported on some personnel changes at Town Hall. She said Deputy Clerk, Sue McLellan was leaving in
addition to some book keeping and accounting changes.
Randall said the Town met the March 29th deadline to get the Water Quality Improvement Plan (WQIP) contract
submitted.
Randall spoke about the TCAT Park-n-Ride proposal and said that Deputy Highway Superintendent Jack Shawley
is continuing to work with the DOT.
Randall said the Town has hired a surveying service to get full aerial views of Deputron Hollow Rd.
(8) WATER SUPPLY AND ZONING
Randall added this topic to the agenda after the March meeting and the concerns that were raised about water
shortages and the reliability of the well yield data report. Bergman asked if new data was being collected on new
wells that are being drilled. Randall said that a well completion report needs to be submitted when getting a
PLANNING BOARD DRAFT MINUES PAGE 7
building permit. Bergman said what about a new or additional well at an existing property? Crane said that it is a
state requirement that the driller file a well completion report and that a copy comes to Danby as well. However,
Crane said that the report includes depth and the flow, but that it is not a scientific or a meaningful reading.
Kruppa added that the Health Dept. tried to institute a well permitting program about 10 years ago. Kruppa said
that it did not pass the Board of Health at that time. Kruppa said the county sanitary code is currently under a 5-
year review and that this will eventually come up for review again.
(9) ADJOURNMENT
The meeting was adjourned at 8:05 pm.
___________________________________________
Kelly Cecala – Recording Secretary