HomeMy WebLinkAboutPlanning Board Minutes - January 17, 20191
PLANNING BOARD MINUTES
Town of Danby Planning Board
Minutes of Regular Meeting
January 17, 2019
PRESENT:
Ed Bergman
Scott Davis
Bruce Richards
Jody Scriber
Joel Gagnon (Acting Chair)
ABSENT:
Jim Rundle (Chair)
Naomi Strichartz
OTHER ATTENDEES:
Town Board liaison Leslie Connors
Recording Secretary Alyssa de Villiers
Public John Barber, Ted Crane, Earl Ekdahl, JoAnn Ekdahl, Erik Frank, Barbara Miller
Fox, Mike Morris, Ralph Nash, Ben Rosenblum, Lisa Trust, Matt Ulinski, Olivia
Vent
The meeting was opened at 7:01pm.
(1) CALL TO ORDER / AGENDA REVIEW
Approval of the November 6th, 2018 special meeting minutes was added to the agenda.
(2) PRIVILEGE OF THE FLOOR
No comments were made during privilege of the floor.
(3) APPROVAL OF MINUTES
MOTION: Approve Nov. 6, 2018 meeting minutes
Moved by Richards, seconded by Bergman
The motion passed.
2
PLANNING BOARD MINUTES
In favor: Bergman, Davis, Richards, Scriber, Gagnon
MOTION: Approve December minutes
Moved by Bergman, seconded by Scriber
The motion passed.
In favor: Bergman, Davis, Richards, Scriber, Gagnon
(4) TOWN BOARD LIAISON REPORT
Leslie Connors shared the following information:
Jim Rundle was reappointed as Chair of the Planning Board. Bruce Richards has been appointed
for a new term beginning January 2019.
Residents raised concerns about the condition of Updike Road; the Highway Department is looking
into it.
Horse signs have now been ordered; their locations are still to be determined. This action follows
horse-owning residents in the Nelson/Hornbrook/Muzzy Roads area voicing concerns about cars
speeding, not slowing down, and not stopping fully at stop signs.
The Town Board will now be meeting on the first and second Mondays of the month.
Some towns in Pennsylvania are banning CAFOs (concentrated animal feeding operations) and
big box stores; it will be interesting to see how that plays out.
(5) ACTION ITEMS
Project: Minor Subdivision
Location: Durfee Hill Road, Tax Parcel # 13.-1-1.22
Applicant: Ralph W. Nash, Esq. for Barbara Miller Fox
Owner: William F. Farrell
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 132.37-acre property into
two parcels: Parcel A, measuring 129.30 acres and undeveloped; and Parcel B, measuring 3.07
acres with existing telecommunications tower. Area Variances from the Town of Danby Board of
Zoning Appeals from Zoning Ordinance Section 600(5) and 600(6)(b) requirements that new lots
created in the Low Density Residential Zoning District have frontage of 200 feet and that minimum
side yard width of fifty feet were granted on December 18, 2019. 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.
The public hearing was opened at 7:09pm.
3
PLANNING BOARD MINUTES
Ted Crane pointed out that the portion of land that does not have the cell tower on it, Parcel A, is not a very
usable property. He mentioned this with regard to past decisions by the Planning Board regarding division
of property.
It was noted that the missing date at the bottom of Resolutions No. 1 and 2 of 2019, in the eighth and
fourteenth whereas clause respectively, should be September 13, 2018.
MOTION: Make a Negative Declaration of Environmental Significance
Moved by Bergman, seconded by Davis
The motion passed.
In favor: Bergman, Davis, Richards, Scriber, Gagnon
PLANNING 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, 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
4
PLANNING BOARD MINUTES
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
9/13/2018 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.
The public hearing was closed at 7:12pm.
MOTION: Grant Preliminary and Final Approval
Moved by Scriber, seconded by Richards
The motion passed.
In favor: Bergman, Davis, Richards, Scriber, Gagnon
PLANNING 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 Variances 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
5
PLANNING BOARD MINUTES
Whereas the aforementioned Area Variances, including the recommended condition, 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
9/13/2018; 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.
Project: Minor Subdivision
Location: 14 Makarainen Rd, Tax Parcel No. 4.-1-29.2
Applicant: Erik P. Frank
Anticipated Board action(s) this month: Public Hearing; Determination of Environmental
Significance; Preliminary and Final Approval
6
PLANNING BOARD MINUTES
Project Description: The Applicant proposes to subdivide the existing 8.73-acre property into two
parcels: Parcel A, measuring 2.00 acres with existing house and Parcel B, measuring 6.73 acres
and undeveloped. 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.
The public hearing was opened at 7:15pm.
Erik Frank, owner, spoke briefly to explain that he will be selling the larger parcel, Parcel B, to his neighbors
Mike Morris and Lisa Trust to be eventually added to their existing property; they tried to do t his without
subdividing, but it was not possible. Mike Morris added that they are interested in a conservation easement
and have emailed Joel Gagnon regarding the matter.
It was noted that the total acreage of the property to be divided should be 8.73 acres on both Resolutions
No.3 and 4 of 2019 in the second whereas clauses.
MOTION: Make a Negative Declaration of Environmental Significance
Moved by Richards, seconded by Scriber
The motion passed.
In favor: Bergman, Davis, Richards, Scriber, Gagnon
PLANNING BOARD RESOLUTION NO. 3 OF 2019 - DETERMINATION OF
ENVIRONMENTAL SIGNIFICANCE, MINOR SUBDIVISION, 14 MAKARAINEN ROAD, TAX
PARCEL #4.-1-29.2
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. 4.-1-29.2, by Erik P. Frank, Owner and
Applicant; and
Whereas the Applicant proposes to subdivide the existing 8.73-acre property into two parcels: Parcel A,
measuring 2.00 acres and vacant and Parcel B, measuring 6.73 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
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;
7
PLANNING BOARD MINUTES
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 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 No. 14 Makarainen Road,” prepared by T.G. Miller, P.C., and dated 10/4/2018; 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.
The public hearing was closed at 7:20pm.
MOTION: Grant Preliminary and Final Approval
Moved by Bergman, seconded by Davis
The motion passed.
In favor: Bergman, Davis, Richards, Scriber, Gagnon
PLANNING BOARD RESOLUTION NO. 4 OF 2019 - PRELIMINARY AND FINAL
APPROVAL, MINOR SUBDIVISION, 14 MAKARAINEN ROAD, TAX PARCEL #4.-1-29.2
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. 4.-1-29.2, by Erik P. Frank, Owner and
Applicant; and
Whereas the Applicant proposes to subdivide the existing 8.73-acre property into two parcels: Parcel A,
measuring 2.00 acres and vacant and Parcel B, measuring 6.73 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,
8
PLANNING BOARD MINUTES
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 March 15, 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 No. 14 Makarainen Road,” prepared by T.G. Miller, P.C., and dated 10/4/2018; and
Whereas the Planning Board did on January 17, 2019 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. 4.-1-29.2, by Erik P.
Frank, 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.
Project: Minor Subdivision
Location: 329 Nelson Rd, Tax Parcel No. 4.-1-32.22
Applicant: John R. Barber
Anticipated Board action(s) this month: Review of Preliminary Plat
Project Description: 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. 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.
The applicant, John Barber, explained to the Board why the proposed property division was shaped the
way it is. He lives in the Town of Ithaca and his brother lives in the house located at 329 Nelson Rd.; his
brother wants to purchase the house but not the land and so he would like to subdivide the property. His
son lives at 339 Nelson Rd. and it is expected that he will purchase this property from his mother when his
mother moves out of state. The proposed subdivision would allow Barber’s brother to purchase the house
at 329 Nelson Rd. now, and then later his son can add the wood lot located behind 339 Nelson Rd. to that
property. The narrow strip to the east of Parcel B has been left purposely as the driveway of 339 otherwise
would pass onto the property at 329; rather than doing a right of way, when Barber’s son purchases the
wood lot it will include this strip, thus sorting out the issue. After his son acquires the house at 339 and the
woodlot, Barber will be left with a parcel that could be sold, possibly to neighbors, partially or in its entirety.
9
PLANNING BOARD MINUTES
In response to a question from the Board, Randall clarified that if the woodlot behind 339 Nelson Rd. is
merged with the property at 339 Nelson Rd. there would likely not need to be a further subdivision to
separate it from the proposed Parcel A due to the possibility of a lot line adjustment.
A public hearing will be set for next month.
Project: Commercial Corridor
Location: 1839-1849 Danby Rd., Tax Parcel Nos. 10.-1-42 and 10.-1-49.2
Applicant: Ben Rosenblum Studio for Olivia Vent, Owner
Anticipated Board action(s) this month: Review of Sketch Plan
Project Description: The applicant is proposing a Sketch Plan of a phased commercial corridor
with two new commercial spaces, 1 seasonal food market, and 15 bedrooms on tax parcels 10.-1-
42 and 10.-1-49.2. The project is located in the Low Density Residential Zone.
Randall explained that a sketch plan is an opportunity for an informal conversation to take place between
the Board and the Applicant before more time and money is invested into a project. This is the applicant’s
take on a project that would fit with Danby’s Sustainable Hamlet Revitalization Plan given the site
constraints and benefits.
Applicant’s presentation
Olivia Vent, owner, introduced herself and the architect she is working with, Ben Rosenblum. She gave a
brief history of her time in Danby as a resident and landlord, and shared memories of previous businesses.
She has long had an idea of developing her properties at 1839 and 1849 Danby Rd. together , while
restoring the older parts of the historic houses. This plan is the culmination of more than 25 years imagining
and working towards a revitalized hamlet. She described how the Planning Board had been focused on
minimizing sprawl and preserving open spaces, but as the need to look at hamlet revitalization became
more pressing, a baseline study was conducted and the Danby Hamlet Revitalization Plan was created.
This plan showed that Danbyites wanted walkable/hikeable spaces, places to buy essentials, and places to
meet friends for coffee that were in keeping with Danby’s historic character. When the recession hit,
momentum on this slowed down. She met Rosenblum about a year and a half ago and has finally been
able to develop her current plan.
Ben Rosenblum spoke next, describing some of his recent work at the printing press building next to the
Argos Inn on State St. in Ithaca. The goal was a vibrant, mixed-use space; he was the architect for the
project. He also did sustainability consulting for the Argos Inn.
Rosenblum then walked the Board through a PowerPoint presentation describing the sketch plan that he
and Vent have created. The plan intends to start with smaller to medium density residential with mixed use
commercial, the hub being a new Danby Market, a la Brookton’s Market. The broad plan would be to keep
10
PLANNING BOARD MINUTES
the existing residence at 1839, a portion of a building at 1849, and the barn; the residence at 1839 would
be converted to a 5-bedroom bed and breakfast, and the barn into a seasonal food/local market, separate
from the new Danby Market. Four 2 to 3-bedroom residences would be added as well as up to two
commercial buildings. This makes for 15 proposed bedrooms, as compared to the 12 total bedrooms
currently present. The goal is to keep the most historic portions of the existing construction.
He pointed out that there are two different sides of the property to be taken into account: the busy road, and
Dotson Park; it is important for the development to work with both. The residential units would have
variations and not all be of the same design. Sustainability is a focus of the project. He explained that John
Andersson, P.E., a consulting environmental engineer, has done a preliminary site review including an
evaluation of sewage treatment and water supply on site, and that this report fed into the plans be ing
presented.
In terms of water, wastewater treatment would need to be on-site; there is currently the potential for a 2,000
gallons per day on-site wastewater treatment system (OWTS). There are two existing wells currently. It is
anticipated that the development would need new wells. Low-flow fixtures, rain water collection, and a
constructed wetland are all being considered. Water management will also need to take into account
stormwater management along the perimeter.
Currently the plan proposes a cul-de-sac to accommodate the four new 2 to 3-bedroom houses, which
creates a residential niche. The plans presented left open the possibility of a Phase 2 where the properties
could be further developed into a density approaching seven houses per acre if there was expansion of the
Danby commercial corridor. Randall added that in terms of transportation planning, this is the threshold for
transit-oriented development. Rosenblum stated that the goal would be to have a walkable center with the
church and Town Hall nearby as anchors, and the Park neighboring; it will also be located directly on a bus
route.
Vent stressed that she does not have the funds to execute this project herself and would begin looking for a
suitable developer or partner if the plan seemed feasible and desired. In response to a question by Ted
Crane regarding ownership structure, Rosenblum said that ideally the commercial structures would be
under one ownership and the houses would be on their own properties; Vent pointed out that the simplest
solution is that a developer or group of developers owns it and the houses are rented. Rosenblum added
that in the first stages, Vent’s solution is the most likely one.
In response to the presentation, Davis brought up a neat market in King Ferry that he felt was worth looking
at; Scriber had also been to that market and felt they did a nice job. Gagnon mentioned the idea of using
the barn as an event space, as well as the possibility of a nearby community garden. Ted Crane pointed
out that in the past when the business viability of a Danby Market was looked at, the results were
unfavorable, and that the Brookton’s Market is in a denser community. Davis felt that if the business was
attractive, people would come from surrounding areas and there would be enough traffic and population.
11
PLANNING BOARD MINUTES
Gagnon brought up the aggregation of uses to enhance the draw to the area, and Rosenblum spoke to the
idea of destination places.
Board discussion
The proposal was well-received by the Board. Richards asked what the Board could do to encourage the
project; Scriber said she supported the project, particularly if the applicant included concepts of universal
design for the buildings; Bergman pointed out that rezoning to encourage hamlet development was
something the Board had discussed through the zoning audit; Strichartz, although not present, had voiced
her support to Joel Gagnon. Given this, Gagnon asked at what point in the process the Board would draft a
supporting resolution; Randall said that typically the Planning Board could choose to draft a resolution
recommending rezoning to the Town Board after there is a pending application.
Randall said that at the current juncture, zoned as low density residential, the applicant’s options would be
to go through the Board of Zoning Appeals for use variances , which is not advised, or create a planned
development zone (PDZ). She felt that this is one instance where a PDZ might make sense as it involves
multiple parcels and is meeting an established Town objective; it is slightly less than five acres, but the
Town Board could still consider it. She added that PDZs are good for adaptive reuse when there are
existing site conditions. If this was the desired next step, the applicant would come back with a draft PDZ
and site plan, which would then move to the Town Board for rezoning. It would also go to County Planning
for review because it is on a state highway. Public hearings would be held at the appropriate points during
the process. Coordination would also be needed with the Danby Community Park Association.
Gagnon pointed out that with any development with increased housing density, the issue of wastewater
disposal looms large; considering off-site possibilities might also be worthwhile. As many pointed out, this is
a recurring obstacle. If multiple dwellings are under the same ownership, it is easier than with realty
subdivision. Gagnon pointed out that the lack of water and sewer infrastructure is not unique to Danby and
is a problem that many rural communities face if they want to add hamlet density. He suggested that at the
State level legislation could be passed to make it easier to do this. Randall added that she would bring
these issues to the Tompkins County Planning Advisory Board as the new rural representative. She pointed
out that one option, used by White Hawk, is to set up a transportation corporation that holds the interest in
the water and wastewater systems on the commonly held land through a home ownership piece such as an
HOA, homeowners association.
Bergman asked where the Town is on the rezoning that was discussed through the zoning audit. Not just
for this project, but for any of this type of development, he suggested it might be better to rezone the area
first so that applicants would be less restricted. Randall mentioned that if an applicant approaches the
Town about rezoning it is at the Town Board’s discretion; if the Planning Board initiates a rezoning, the
onus of preparing the zoning is on the Town rather than the applicant.
12
PLANNING BOARD MINUTES
(6) PLANNING AND ZONING REPORT
C.J. Randall, Town Planner, reported the following:
The draft NRI (Natural Resource Inventory) is with the Conservation Advisory Council (CAC)
awaiting feedback.
The final draft of the full zoning audit is complete.
Randall is now on the Tompkins County Planning Advisory Board as the rural representative; they
meet once a month. County Planning is offering a grant workshop for municipalities next week that
she be will attending.
FEMA’s (Federal Emergency Management Agency) risk map program, as part of the flood plain
delineation, will be doing field surveys now through March. If someone comes to your property from
FEMA, they ask that you allow them access to get as accurate data as possible. This is primarily in
the north part of Danby.
The Town executed the NYSERDA contract for Highway Department upgrades. The energy audit
is getting rolling now and new wash bay plans are being finalized.
The Brown Rd. stabilization project is moving along. The U.S. Fish and Wildlife Service is
furloughed so they cannot weigh in on the plans. It had been hoped that the project could dovetail
with the BRIDGE NY awards for culvert replacement, but they will probably now be done as tw o
separate projects.
Members of the Planning Board could please give feedback before the Joint Scoping Meeting on
the draft 2019 proposed work plan they received.
Paul Hansen, the Code Enforcement Officer, is retiring.
HealthlinkNY in Binghamton is offering a free Age-Friendly workshop series on age-related topics.
(7) REVIEW OF 2019 WORK PLAN
Randall handed out the draft Planning and Zoning 2019 work plan to the Board to review before the Joint
Scoping Meeting.
(8) ADJOURNMENT
13
PLANNING BOARD MINUTES
The meeting was adjourned at 9:00pm.
___________________________________________
Alyssa de Villiers – Recording Secretary