HomeMy WebLinkAboutPlanning Board Minutes - April 18, 20191
PLANNING BOARD MINUTES
Town of Danby Planning Board
Minutes of Regular Meeting
April 18, 2019
PRESENT:
Scott Davis
Bruce Richards
Jody Scriber
Joel Gagnon (Acting Chair)
ABSENT:
Ed Bergman
Naomi Strichartz
Jim Rundle (Chair)
OTHER ATTENDEES:
Town Planner John Czamanske
Town Board Liaison Leslie Connors
Recording Secretary Alyssa de Villiers
Public Ric Dietrich (Town Supervisor), C.J. Randall (former Town Planner), Matt Ulinski
(Town Councilperson)
The meeting was opened at 7:04pm.
(1) CALL TO ORDER / AGENDA REVIEW
While no additions were officially made to the agenda, a discussion about zoning and development arose
out of the Town Board Liaison’s report, included here as agenda item number five.
(2) PRIVILEGE OF THE FLOOR
Matt Ulinski, Chair of the Conservation Advisory Council (CAC), spoke briefly regarding the Natural
Resources Inventory (NRI) presentation that was to come later in the meeting. He asked the Planning
Board to give an indication of approval of the document before it comes before the Town Board for
adoption.
(3) APPROVAL OF MINUTES
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MOTION: Approve March minutes
Moved by Davis, seconded by Scriber
The motion passed.
In favor: Davis, Richards, Scriber, Gagnon
(4) TOWN BOARD LIAISON REPORT
Leslie Connors shared the following information:
The CAC is moving from having five to seven members to having five to nine members due to
increased interest.
The position of Recreation Partnership representative is vacant. It is hoped that someone with
school-age children will fill the position.
Olivia Vent presented her informal proposal regarding her properties at 1839-1849 Danby Rd. to
the Town Board. Concerns included water, sewer, and parking. Some neighbors attended the
meeting, and there was no overt opposition to considering the project. More will need to be heard
from the Church and the Park. Connors said Vent will now need to find a developer to create a
proposal that is fully fleshed out.
(5) ZONING AND DEVELOPMENT DISCUSSION
After Leslie Connors brought up Olivia Vent’s informal development proposal, Acting Chair Gagnon asked
whether the Town Board had considered the creation of a Planned Development Zone (PDZ). Town
Supervisor Dietrich said that Vent could approach the Town Board to create a PDZ, but nothing has as yet
been taken further. Town Planner Czamanske said that Vent needs to plan out costs and strategy before
coming forward as an applicant for a rezoning proposal; alternatively the Town could decide it likes the idea
and move forward with rezoning on its own. As Vent does not have the resources to execute the plan
herself, Gagnon pointed out that the Town Board could rezone the area proactively, thereby making it more
attractive for a developer. Town-led rezoning could be project specific or not, and it would be possible to
work together with an applicant. Advantages and disadvantages of applicant -led versus town-led rezoning
were reviewed. Scriber said that many wish the hamlet had something similar to what is being proposed, so
it could make sense for the Town to think about what it wants and do the rezoning; this way even if this
proposal does not happen, the Town would be ready for another. Davis also directly asked what more the
Town can do.
Dietrich noted that there is a lot happening in the Town right now, i ncluding another development proposal
possibility and a number of craft beverage operations trying to locate. More is likely to be coming before the
Planning Board soon. He mentioned the idea of synergizing the current energy, and that the Town could
take something on if it was the right thing. Ulinski added that there is the question of how to pick who the
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Town works with for development. Gagnon acknowledged this and said one reason Vent’s idea is
appealing is that is consistent with the hamlet revitalization plan; with any plan, there would need to be
enough specificity that the Town would know what it was getting.
Discussion moved on to craft beverages, a topic not dealt with directly in the Zoning Ordinance. As yet
none of the pending proposals have come before the Planning Board because they are either agricultural
or farm satellites. Czamanske said that it would be helpful if there was something in the Zoning Ordinance
regarding farm craft beverage operations so that it is clear how they get defined in terms of zoning and so
site plan review and approval is required to ensure safe ingress and egress, parking, etc. NYS Department
of Agriculture and Markets (Ag and Markets) has been contacted and they would support site plan review
as long as it is not unreasonable. Alcoholic beverage control licensing and Danby’s right to farm law need
to be considered, but the right to farm law does not necessa rily trump the Zoning Ordinance; currently a lot
comes down to interpretation. Right now there is not a clear process how these applications will get
approved and whether they will need to come before the Planning Board; they may come voluntarily.
Dietrich also said there is the recurring issue of regulation; sometimes the larger regulatory agencies do not
have the ability to regulate Town issues, but also the Town does not have laws addressing them.
With adding a sentence about craft beverages to the Zoning Ordinance in mind, Davis suggested forming a
committee to focus on the most pressing projects and wha t amendments to the Zoning Ordinance are
needed immediately. Scriber agreed that extra time is needed to tackle some of the issues and move
forward. Richards added that the training he attended in Schoharie County offered sample laws for similar
scenarios, so the issue should not be too intractable. Scriber asked how long the process for adding
something like that to the Ordinance might be, to which the answer was two to three months. Davis asked
about how this process actually happens. He suggested that for next month’s agenda specific short-term
changes be discussed. Scriber added that if the Planning Board is clear on what they need to do and what
the process is, she feels they are willing to spend the time and take action now. Czamanske said that he
can draft changes to the Ordinance, but would not be ready to do that by the May meeting.
Czamanske also addressed the issue of staff authorities not being clear, particularly between the Zonin g
Officer, the Town Planner, the Code Officer, and the Code Enforcement Officer. Who makes sure that the
Zoning Ordinance is being followed? The Ordinance itself does not clearly define a Zoning Enforcement
Officer and only makes reference to the role once. Its functions could be done by the Town Planner, t he
Code Officer, the Code Enforcement Officer, or an assistant, but need to be filled. Dietrich said he had
been thinking of the Planner as the Zoning Officer, making sure the Code Officer does not issue permits
that are not good. However, when he asked former Town Planner Randall how this played out with former
Code Officer Hansen, she said it was at his discretion if something needed to be run by her or go to the
Planning Board or Board of Zoning Appeals. She said it would be possible to add a line that requires the
Planner’s approval on building permits. Czamanske said that in Ulysses the Planner was the Zoning
Officer; he was in fact sworn in as a Zoning Officer, a role that included signing off on building permit
applications after look at things like setbacks and building heights that are regulated by the zoning. A
history of code and staff roles in the Town was also reviewed.
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Dietrich said that he feels the boards are not ready for a joint scoping meeting at this juncture, but that
Planner Czamanske’s meetings with each of the boards are addressing some of the functions of the
meeting. He said that figuring out staffing and staff continuity will be important. Also, what the CAC’s
growing role will be and how they will advise the Planning Board needs to be considered. Gagnon said that
the CAC will be another set of eyes with a certain set of expertise that can highlight environmental
considerations; if it becomes a conservation board, it would still be advisory in nature. Dietrich also
mentioned considering how the comprehensive plan relates to how the Town is working.
(6) FINAL DRAFT DANBY NATURAL RESOURCES INVENTORY
Former Town Planner Randall presented the Natural Resources Inventory (NRI) final draft via projector.
This was prepared not only because it is a statutory requirement for conservation advisory councils, but
also because it will be a wonderful foundation g oing forward in creating environmental overlay districts.
Methods and data sources are described, followed by three main sections—hydrology, geology and soils,
and land use and protected lands. There is a habitat connectivity model that shows the effects o f
fragmentation, as well as a section on conservation open areas and criteria to inform where the CAC might
like to focus attention on. The document is made up of maps that depict the Town through a variety of
lenses, from soil types to flood zones to desirability of farmland. Randall went through the document and
highlighted areas that may be of particular interest to the Planning Board. It gives a picture of what the
Town already has, and provides data for future decisions. Also, the CAC will now hopefully be able to offer
comments to the Planning Board regarding environmental aspects of projects.
Those of the Planning Board that were present expressed that they were in support of adoption of the NRI.
(Scott Davis had to leave and was therefore no longer in attendance.)
(7) PLANNING AND ZONING REPORT
Town Planner Czamanske reported the following:
Discussion of staffing and staff authorities had already been discussed (see above).
All Local Laws and the most up-to-date Zoning Ordinance are on the website. It would be a good
idea at some point to go through the zoning and subdivision regulations and validate that
everything is indeed included.
The Town Planner’s email has been changed to the generic “planner@townofdanbyny.org” so that
there will be email continuity. Czamanske has been working on making sure all documents will be
in one place on the server for future staff transitions.
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Czamanske and Code Officer John Norman did a site visit at White Hawk Ecovillage. White Hawk
provided a utility plan, and it will need to be determined if they are meeting all requirements.
The Beardsley Lane development is having some stormwater lot issues because the two
stormwater lots were not dedicated to the Town when the subdivision was approved. The lots need
to have the taxes paid and were going to be auctioned. Discussion is underway with the Town
Attorney.
Czamanske will meet next week with the Board of Zoning Appeals regarding their trainin g needs.
(8) ADJOURNMENT
The meeting was adjourned at 9:09pm.
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Alyssa de Villiers – Recording Secretary