HomeMy WebLinkAboutPlanning Board Minutes - February 18, 2020Town of Danby Planning Board
Minutes of Regular Meeting
February 18, 2020
DRAFT
PRESENT:
Ed Bergman
Kathy Jett
Elana Maragni
Bruce Richards
Jody Scriber
Jim Rundle (Chair)
ABSENT:
Scott Davis
OTHER ATTENDEES:
Town Planner Jason Haremza
Recording Secretary Alyssa de Villiers
Public Connor Baker, Jeff Baker, Julie Baker, Karen Baker, George Blanchard, Margaret
Corbit, Andy Cove, Kathie DeWolfe, Francis Feeney, Mary Fisher, Michelle
Fullagar, Joel Gagnon (Town Supervisor), Robert Goggs, Rick Hardesty, Valarie
Kranz, Brian Miller, Steve Ryan, Ashley Ulacco, Matt Ulinski (Town Councilperson)
The meeting was opened at 7:03pm.
(1) MEETING WITH STAFF
Planner Haremza reviewed the materials for the cases with the Board.
(2) CALL TO ORDER / AGENDA REVIEW
The meeting was called to order at 7:08 p.m. There were no additions or deletions to the agenda.
(3) PRIVILEGE OF THE FLOOR
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Margaret Corbit (143 Howland Rd.) said she had asked to be on the agenda. She asked the Town consider
the situation with the hemp farm on Howland Rd. and also engage the Town’s lawyer to review the
documents that nine out of ten of the households gathered regarding the legality of the farm. She
encouraged the Planning Board to look at the question of whether the drying that takes place on the farm is
light industry. She said they have done as much as they can as individuals.
Board member Richards said that he is encouraging the Town Supervisor and the Town to
talk to the Department of Agriculture and Markets (Ag & Markets) to get in writing statements that
were made to Richards at a hemp conference—that drying is part of growing and agriculture, but
custom drying from authorizations that are off the property and if the volume builds, as it is has,
would be considered light industry. Light industry is a prohibited use in the Low Density Residential
zone. Supervisor Gagnon said he had consulted with the attorney for the Association of Towns to
see how to reasonably distinguish between agriculture and industry. Chairman Rundle said that
consulting a lawyer regarding the legality of the farm would be something to take to the Town
Board. Planner Haremza noted that this issue was also on the agenda under “Planner’s Report.”
Andy Cove (111 Beardsley Lane) asked about the outcome of an area variance for a property owned by
Ithaca College (109 Loomis Court). He was told that the variance had been granted by the Board of Zoning
Appeals (BZA) at the January 28th meeting.
(4) APPROVAL OF MINUTES
MOTION: Approve January 16, 2020 minutes
Moved by Richards, seconded by Scriber
The motion passed.
In favor: Jett, Maragni, Richards, Scriber, Rundle
Abstain: Bergman
(5) TOWN BOARD LIAISON REPORT
Leslie Connors was absent so Joel Gagnon gave a brief report:
• The Town Board passed the revision of the Zoning Ordinance to include the “Commercial Design
Guidelines for Site Plan Review.”
• The Town has opted to participate in hazard mitigation planning.
• People were designated to participate in various intermunicipal organizations.
• There was a public hearing set for February 24th on the Housing Conditions Survey results to hear
the report by the consultant and allow for public comment.
• The Town Board is considering the extension of the South Hill Recreation Way. This effort is
collaborative between towns. NYSEG agreed to a licensing agreement for the railway bed to make
it into a public trail, but the agreement allowed NYSEG to terminate with 120 days notice. Gagnon
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felt it was not favorable to invest a lot of public money into making the trail if NYSEG can say they
want it back so easily. The Town will try to renegotiate that.
• Voters have been asked twice about whether they would be willing to have the position of Highway
Superintendant move from an elected position to an appointed one, and twice they said “no.”
Gagnon said historically the pool has included members of the crew, but at this point everyone is
outside of the Town, thus the residency requirement is an impediment for those on the crew who
may wish to run for the position. He suggested revisiting the issue and expanding the boundaries,
as well as possibly adding some qualifications for the office if election law permits it.
(6) PUBLIC HEARINGS
Case #1, SUB-2020-01 Consider Minor Subdivision Approval
Project: Ulinski Subdivision
Location: 723 Nelson Road; Tax Parcel 6.-1-18.22
Zoning: Low Density (LD) Residential
Applicant: Matt Ulinski
Anticipated Board action(s) this month: Public hearing, Subdivision approval
Project Description: The Applicant proposes to subdivide a 15.302 acre parcel from the existing
18.972 acre parcel located at 723 Nelson Road. The property is currently divided de facto by a
public road, Nelson Road. This subdivision would formalize this de facto split. Parcel A, 3.670
acres on the east side of Nelson Road, would contain the existing single family dwelling. Parcel B,
15.302 acres on the west side of Nelson Road, would contain the existing barns. The proposed
parcels meet the minimum requirements of the LD District. No construction is proposed at this time.
SEQR: Unlisted action, Planning Board is Lead Agency
District: Tompkins County Agricultural District #1
County 239 referral: NA
The public hearing was opened at 7:21 p.m.
No comments were made at this time.
The public hearing was left open.
Case #2, SUB-2020-02 Consider Standard Subdivision Approval
Project: Hardesty Subdivision
Location: 444 Jersey Hill Road; Tax Parcel 8.-1-23.1
Zoning: Low Density (LD) Residential
Applicant: Rick Hardesty
Anticipated Board action(s) this month: Public hearing, Subdivision approval
Project Description: The Applicant proposes to subdivide two parcels from the existing 15.928
acre parcel located at 444 Jersey Hill Road. The two new parcels will be 5.116 acres and 5.142
acres, respectively. The 5.670 acre remaining parcel would contain the existing single family
dwelling. The proposed parcels meet the minimum requirements of the LD District. No construction
is proposed at this time.
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SEQR: Unlisted action, Planning Board is Lead Agency
Ag District: Tompkins County Agricultural District #2
County 239 referral: NA
The public hearing was opened at 7:21 p.m.
No comments were made at this time.
The public hearing was left open.
Case #3, SPP-2020-01 Consider Special Permit Approval
Project: Special Permit for Second Dwelling
Location: 321 Troy Road; Tax Parcel 3.-1-9.4
Zoning: Low Density (LD) Residential
Applicant: Karyn Baker
Anticipated Board action(s) this month: Public hearing, Special Permit approval
Project Description: The Applicant proposes to construct a second single family dwelling on the
existing 3.47 acre parcel. There is an existing single family dwelling that will remain. The proposed
new dwelling is a 1,944 square foot single story structure with attached garage and storage space.
Per Zoning Ordinance 600-3m, installation of a second dwelling unit in a separate building requires
Special Permit approval in the LD District.
SEQR: Type II action
Ag District: NA
County 239 referral: NA
The public hearing was opened at 7:22 p.m.
One letter was received from Tom West (353 Troy Rd.). He expressed concerns about the effects of a
second residential building on water supply for neighboring properties and encouraged the Planning Board
to therefore reject the proposal.
Steve Ryan (315 Troy Rd.) said he lives two lots down and thinks it is a great idea, but he knows that water
has been an issue for the wells in the area and asked what remedies the applicants had in mind to take
care of that as a whole other house might be a tough thing for the aquifer.
Karen and Jeff Baker clarified that it will not be a house but a garage with an in-law efficiency apartment.
They know about the water situation, and their intention is to put in two storage tanks and have water
delivered. They have two wells that are not sufficient to support their own household, and so they currently
have water delivered. They have already made arrangements for the water delivery. They spoke with the
Health Department and they are not required to do a well; as it is only one additional bedroom, their septic
system can handle the addition.
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Rundle asked the applicants if they would be okay with the Board considering a resolution that included
something about water delivery. They said that would not be an issue. Mr. Baker said it would not be worth
putting the money into a well anyways. Rundle said he is raising this as a possibility because the Board has
to take the long view.
The public hearing was left open.
MOTION: Pass Resolution #3 of 2020 setting a special meeting March 3 to continue the public hearings
with Jody Scriber as Acting Chair
Moved by Bergman, seconded by Richards
The motion passed.
In favor: Bergman, Jett, Maragni, Richards, Scriber, Rundle
Gagnon suggested designating a new vice chair. Rundle suggested putting this on the agenda for the next
meeting.
(7) PRELIMINARY REVIEWS
a) Minor Subdivision
Location: 84 Layen Road, Tax parcel 8.-1-1.32
Zoning: Low Density (LD) Residential Zone
Applicant: Jim Henion
Proposal: Subdivide into two parcels.
SEQR: Unlisted action, Planning Board is Lead Agency
Ag District: Tompkins County Agricultural District #2
County 239 referral: to be completed
Planner Haremza recommended tabling this because the applicant was not able to attend.
b) Minor Subdivision, Applicant: Michelle Fullagar
Location: 16 Hill Road, Tax parcel 20.-1-25.24
Zoning: Low Density (LD) Residential Zone
Proposal: Subdivide 15.98 acre parcel into Parcel B (2 acres) for a proposed single family dwelling.
Parcel A (13.98 acres) will retain existing single family dwelling. The proposed parcels meet the
minimum requirements of the LD District.
SEQR: Unlisted action, Planning Board is Lead Agency
Ag District: Tompkins County Agricultural District #1
County 239 referral: to be completed
The applicant explained that her property has road frontage on S. Danby Rd. with her
driveway on Hill Rd. She would like to let someone build next to their daughter on S. Danby Rd.
The subdivision meets the frontage requirements.
c) Standard Subdivision, Applicant: Connor Baker
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Location: 235 Ridgecrest Road, Tax parcel 3.-1-4
Zoning: Low Density (LD) Residential Zone
Proposal: Subdivide 15.9 +/- acre parcel into Parcel B (2.5 +/- acres) for a proposed single family
dwelling. Parcel A (13.4 +/-acres) will retain existing single family dwelling. The proposed new
parcel does not meet the minimum requirements of the LD District. This proposal will also require
an area variance application to the Board of Zoning Appeals to consider waiving the 200 foot
frontage requirement per Zoning Ordinance Section 600-5.
SEQR: Unlisted action, Lead Agency TBD
Ag District: NA
County 239 referral: to be completed
The applicant explained that his grandparents own land on Ridgecrest Rd. that extends
into the Town of Ithaca. He wants to put in a driveway on the Town Line. This would create a flag
lot with 60’ of road frontage. Planner Haremza said that there is a constraint in that the existing
house is close to dead center so it is difficult to subdivide and get the required 200’ of frontage.
Chairman Rundle said that the BZA would need to consider a variance.
d) Minor Subdivision, Applicant: George Blanchard
Location: 437 East Miller Road, Tax parcel 6.-1-21.214
Zoning: Low Density (LD) Residential Zone
Proposal: Subdivide 33.22 acre parcel into Parcel B (3 acres) for a proposed single family dwelling.
Parcel A (30.22 acres) will retain existing single family dwelling. The proposed parcels meet the
minimum requirements of the LD District.
SEQR: Unlisted action, Planning Board is Lead Agency
Ag District: Tompkins County Agricultural District #1
County 239 referral: to be completed
The applicant said that he plans to subdivide off 2.75 acres. It had originally been
subdivided, but he consolidated for tax purposes. Now he would like to carve off that corner lot.
Minimum requirements are met.
e) Standard Subdivision, Applicant: Brian Miller
Location: East Miller Road between Troy Road and Nelson Road, Tax parcel 7.-1-43.222
Zoning: Low Density (LD) Residential Zone
Proposal: Subdivide 105.9 +/- acre parcel into Parcel B (10.17 +/- acres) for a proposed single
family dwelling. Parcel A (95.73 +/-acres) will remain as agricultural land. The proposed new parcel
does not meet the minimum requirements of the LD District. This proposal will also require an area
variance application to the Board of Zoning Appeals to consider waiving the 200 foot frontage
requirement per Zoning Ordinance Section 600-5.
SEQR: Unlisted action, Lead Agency TBD
Ag District: Tompkins County Agricultural District #1
County 239 referral: to be completed
The applicant said that he wants to divide off about ten acres. There is approximately 170’
of road frontage. The Board looked at the division on the map. Rundle said the applicant would
need to go before the BZA for a variance.
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(8) PLANNING GROUP UPDATE
Supervisor Gagnon reported that the Town Board appointed core members of the Planning Group; there is
participation from all of the Town’s boards, with 14 people total. The first meeting will be February 25th, and
they will first look at whether there should be some interim changes made to the Zoning Ordinance to act
as a placeholder while the Town stands back and does the larger planning process. He noted that the
Conservation Advisory Council just completed an open space inventory (natural resource inventory). The
Town can look at this and, in light of the information therein, look at the special places to avoid
development if possible and conversely where there is the potential for developable areas.
Rundle asked about the zoning audit done with former Town Planner Randall and where that fits in. He said
ome things identified through that need the larger process to be answered, but others were more technical
and probably do not. Gagnon said that was a tool for review to look at the adequacy of a Town’s zoning.
The next steps depend on whether the Town decides to scrap the Zoning Ordinance and start over. The
zoning audit could inform the process by indicating what needs to be fixed on a short-term basis as part of
a first stage. Rundle said there are things that are allowed right now that could happen tomorrow and could
be easily corrected, for example allowing airports in the Low Density zone. He asked if a subcommittee
would be looking at things that should be done right away. He said he is an advocate of getting some small
victories when trying to get a big thing started. Scriber agreed and gave the example of the “Commercial
Design Guidelines.”
Gagnon said the main driver for making interim changes would be to address what might go wrong while
the Town goes about the process. Rundle said he hoped the Planning Board would now and then get a few
items to review that they could then make a recommendation to the Town Board on. Gagnon said that what
comes out of the Planning Group will go directly to the Town Board as a recommendation and then be
referred to the Planning Board for formal comment.
Scriber asked Gagnon to re-explain the voting membership for the Planning Group, which he did. Anyone
who regularly participates will become a voting member; you have to have attended one of the last two
meetings to vote. This allows people to miss at maximum every other meeting. Thus anyone can participate
as a member and jump in and out depending on their interests. He said the Group will likely also break into
working groups. Minutes will be posted on the website, and he will do a synopsis for the Danby Area News.
The more people who know what is going on, the more likely they can get informed participation.
Gagnon said the big question in his mind is, what are the Town’s vulnerabilities to address on an interim
basis, and what are the options for doing so? Scriber asked about whether looking at what the Town wants
in terms of development will be going on simultaneously, to which Gagnon said yes. The way he sees it is
that what the Town said when the Comprehensive Plan was last revised 20 years ago was that
development should be discouraged on the outlying parts of Town and development focused in the
hamlets, but this has not happened. He thinks the Town needs to be able to describe where it can
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accommodate development and what it would have to look like for people to accept it. Where the Town is
headed now, is it is becoming impossible for ordinary middle-class or working-class people to find housing.
To create affordable housing the Town would need to figure out how to make smaller lots at higher
densities with shared services to get the cost down.
(9) PLANNER’S REPORT
Town Planner Haremza reported the following:
• Regarding the municipal housing affordability grant for the Danby hamlet, he is in the process of
drafting an RFQ (request for qualifications) for consulting firms to assist with a Planned
Development Zone and the bureaucratic logistics of compact site water and sewer provision and
how to accommodate more compact development in a hamlet setting. The general timeline is this
calendar year.
• Regarding the Beardsley Lane drainage update, he has been finding out where the project stands.
They are moving forward with getting the parcels transferred from the County to the Town. Once
that happens, the engineer T.G. Miller will produce the map, plan, and report for Drainage District
#1. That will lay out the anticipated ongoing maintenance costs and what the fees assessed for the
properties in the District will be.
Andy Cove asked about the process once the plans are developed. Haremza said
drainage districts do require a public hearing, he believes with the Town Board. He said
they would be notified by mail, with a rough timeline of May or June. Robert Goggs (155
Bearsley Lane) asked if ongoing costs would be part of the property tax, and Haremza said
they would show up on their tax bill.
• The Housing Conditions Survey is wrapping up. The consultant will be presenting the results of the
analysis to the Town Board on February 24. A component of that study will include the market
analysis of the housing market in Danby. Scriber asked where the information from the survey
would be available, and Haremza said he will post any materials and documents on the website.
• Regarding the Howland Road hemp operation, he said this issue had been spoken about earlier.
The initial thinking that it is a customary agriculture operation may not be the case, but this is not
determined yet.
(10) ADJOURNMENT
The meeting was adjourned at 8:11pm.
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Alyssa de Villiers – Recording Secretary