HomeMy WebLinkAboutPlanning Board Minutes - September 15, 2020Town of Danby Planning Board
Minutes of Regular Meeting
September 15, 2020
PRESENT:
Ed Bergman
Scott Davis
Kathy Jett
Elana Maragni
Bruce Richards
Jody Scriber
Jim Rundle (Chair)
OTHER ATTENDEES:
Town Planner Jason Haremza
Town Board Liaison Leslie Connors (Town Board member)
Recording Secretary Alyssa de Villiers
Public Ted Crane, Joel Gagnon (Town Supervisor), Katharine Hunter, Nigel Martin, Reina
Martin, Ralph Nash, Kim Nitchman, Russ Nitchman, Mark Pruce
This meeting was conducted virtually on the Zoom platform.
The meeting was opened at 7:04pm.
(1) MEETING WITH STAFF
As this was Planner Haremza’s last meeting with the Planning Board, Chair Rundle asked Supervisor
Gagnon what the meetings would look like going forward. Gagnon said he hoped Planner Haremza could
get permission from his new employer to provide support to the Town during its transition to a new planner.
The Town has reposted the position, with replies due by September 25th. Former interim planner John
Czamanske has agreed to work with the Town if Haremza is not able to.
(2) CALL TO ORDER / AGENDA REVIEW
Nothing was added to the agenda.
(3) PRIVILEGE OF THE FLOOR
No comments were made during privilege of the floor.
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(4) APPROVAL OF MINUTES
MOTION: Approve the August 18th minutes
Moved by Richards, seconded by Bergman
The motion passed.
In favor: Bergman, Jett, Maragni, Richards, Scriber, Rundle
Absent: Davis
(5) TOWN BOARD LIAISON REPORT
Leslie Connors (Town Board member) shared the following information:
• The Town Board voted to pass the tax relief program (created by the tax policy working group of
the Planning Group) on to the State Legislature, following the recommendation of the Planning
Board (and CAC) to leave off the five-year easement option and public access item. Rundle asked
whether the Town Board included a requirement for review, which the Planning Board had also
recommended. Connors said that, if approved, this will come back to the Town, and the Town can
then enact a law. At this time, the Town can put in a periodic review. Planner Haremza added that
right now it is a request to add Danby to the four towns in NY that have already been approved; the
State does not care about the review, but the Town does.
• The Town Board voted to support White Hawk’s efforts to secure community housing development
funds to offset construction costs and allow for four to six lower-income houses.
• The Town Board amended the Zoning Ordinance to eliminate the “other uses” sentences, as
recommended by the Planning Board. Planner Haremza added that they have not finalized the
environmental review (SEQR), which is required for local laws, and they will do that at the next
Town Board meeting.
• The Town Board voted to enable the Town to override the tax cap if necessary. She hoped the
Town would not need to this year, but this way they would at least have the option.
• Speeding on the roads has been a major concern for a lot of residents. They are starting a group to
look at traffic calming efforts, including asking for a uniform Town speed limit that is reasonable
and advocating for the ability for the Town to set its own speed limits. The Town Board voted to ask
the State to reduce the speed limit on Troy Rd. and in the three developments in central Danby,
Fieldstone Circle, Beardsley Lane, and Olde Town Village.
(6) PRIOR BUSINESS – WHITE HAWK ECOVILLAGE
In July 2019, the Planning Board granted Site Plan Approval to White Hawk Ecovillage with this condition:
Acceptance by the Planning Board of a commitment by White Hawk Ecovillage to address any
deficiencies of the storm water management system from what was designed and originally
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approved by the Planning Board in 2007. This commitment is to be in the form of a written letter
from White Hawk Ecovillage which is to include and be based on a written report by a certified
stormwater management engineer regarding construction of the storm water management system
as designed, its current maintenance status, recommendations to address deferred maintenance,
and recommendations for future maintenance as further described below. This commitment and
accompanying report shall be submitted to the Planning Board no later than six (6) months from
this conditional approval. This submittal will be reviewed by the Town Planning Board and the
Town Stormwater Management Officer, and at a duly scheduled meeting of the Planning Board
with White Hawk Ecovillage, the board will discuss the commitment and its accompanying report.
Changes to the commitment and/or report may be agreed to through this review and discussion.
The board may engage the services of a peer reviewer as provided in the Zoning Ordinance and
Town Fee Schedule. Following this review and discussion, and based on any subsequent changes
to the commitment and/or the report, the board will consider final acceptance of the commitment
from White Hawk Ecovillage to maintain the stormwater system in perpetuity and thereby consider
this condition fully satisfied.
White Hawk Ecovillage has submitted a Stormwater Pollution Prevention Plan, General
Compliance Site Inspection, dated October 2019 (attached) and a Hydrologic and Hydraulic
Assessment for Storm Control Ponds 1 and 2 dated February 2020.
Chair Rundle asked Planner Haremza to go over the prepared draft resolution with the Board. Haremza
said it borrows heavily from the original resolution passed in July 2019. He said at that time White Hawk
was asked to submit a written report regarding the stormwater management system as designed within six
months. He said they began contacting him in early 2020, but then COVID-19 hit, so there have been
delays; he thanked the people from White Hawk for their diligence in doing their part to bring this before the
Board. He said the Board can accept the documents prepared by White Hawk, hold their decision until the
following meeting, or request further information. The question is, has the condition been met to the
Planning Board’s satisfaction?
Bruce Richards said it looked like White Hawk had an engineer look at the as-built stormwater structures,
and they were declared adequate. He said in his visit he saw one culvert that was undersized had been
removed. He said a concern last time was lack of maintenance and the removal of woody plants from the
drainage channels and retention ponds. As it is still overgrown, he thought they needed to address the
maintenance component. He said he did not want to hold them to a different standard than they would
anyone else and was concerned about people saying things versus doing them.
Mark Pruce of White Hawk responded to Richards’ comments. He agreed the engineer did not find any
issues besides maintenance. He disagreed that they had not done more work than removing the culvert
and explained that some woody debris is too much for their tractor, so they have got an estimate from a
landscaping company. They have begun draining the ponds and rented a long-reach excavator. He felt
they have been working hard, and although setback by COVID, have kept their word with what they
promised they would do.
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Ed Bergman said the Board set high standards, and White Hawk tried to honor the work. He noted that it is
not possible to get things done in the same way and timeframe as usual due to COVID. He said he
supports the mission and suggested approving the resolution.
Jody Scriber agreed White Hawk had done due diligence and felt they had explained why the maintenance
piece was not yet done. She felt their intention to get it done was clear. She asked if it was possible to
approve conditional site approval but have a report next month on anything that needs to be finished.
Haremza asked Mr. Pruce if one month would be enough to complete the maintenance work. Pruce said
that the original condition was not that they would complete the work but that they would have an engineer
review the site, identify any major problems, and identify a list of regular maintenance. He said they have
met that condition and the regular maintenance will now happen yearly. He felt the engineer had shown
they are not doing anything that would damage anyone else’s property or the Town. Rundle said the
engineer identified things that needed to be done and asked how soon White Hawk anticipated being able
to. Mr. Pruce said the pond would be dredged in a week, and he hoped the drainage ditches would be
cleared at the same time, but he noted contractors are not always reliable on timelines. He posed the
question, property owners are responsible for maintaining their property, and unless there was a reason to
think someone else would be affected, why would they continue to need oversight? He felt the engineer’s
review indicated no additional oversight was needed by the Town and the rest is just regular maintenance.
Elana Maragni said it was good to hear Richard’s observations. She thought it was good to have an idea of
the timeline, but the Board was deciding if White Hawk was doing their job, and they did have an engineer
come in and tell them it was okay. She said she was trusting that and thought they Board should move
forward.
Kathy Jett agreed the Board should move forward.
MOTION: Approve Res. #18 of 2020
Moved by Bergman, seconded by Jett
The motion passed.
In favor: Bergman, Jett, Maragni, Richards, Scriber, Rundle
Abstain: Davis
(7) PRELIMINARY REVIEWS
a) Minor Subdivision
Location: 986 Steam Mill Road (Route 96B frontage), Tax parcel 14.-1-22.2
Zoning: Low Density (LD) Residential Zone/Aquifer High Vulnerability (AHV) Overlay Zone (partial)
Applicant: Ralph Nash
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Proposal: Subdivide a 141 +/- acre parcel into Parcel A (16 +/- acres) for a proposed dwelling.
Parcel B (125 +/-acres) will retain the existing dwelling. The proposed new parcel meets the
minimum requirements of the LD District.
SEQR: Unlisted action, Planning Board is Lead Agency
Ag District: Tompkins County Ag District #1
County 239 referral: pending
Ralph Nash said he was representing the owners, the Nitchmans, who were present. He noted that the
prospective purchasers of the property, the Martins, were also present. Planner Haremza said the ~143-
acre parcel has a Steam Mill Rd. address, but the 16-acre subdivision they are discussing fronts on 96B.
The Board looked at the map of the parcel. Next month will be a public hearing and Board decision.
b) Special Permit
Location: 133 Jersey Hill Road, Tax parcel 8.-1-4.2
Zoning: Low Density (LD) Residential Zone
Applicant: Satya Stainton
Proposal: Establish a second dwelling on a 56 +/- acre parcel by converting 480 sf of an existing
1200 sf the barn into a single family dwelling. The remaining 720 sf of the barn will continue to be
used for storage. A new well and septic system will be installed. The existing single family dwelling
will remain.
SEQR: Type 2 action, no further environmental review is required
Ag District: NA
County 239 referral: NA
The applicant was not present. The Board looked at the map of the parcel. Planner Haremza said this is not
a subdivision and noted there is no minimum size on dwellings. He said he has been getting a number of
calls regarding subdividing and building a new house or putting a second house on properties.
(8) OTHER BUSINESS – RE-ZONING RECOMMENDATION TO TOWN BOARD
Location: 31 Comfort Road, Tax parcels 2.-1-8.2 and 2.-1-8.3
Zoning: Commercial Zone B (current)/Low Density Residential (proposed)
Applicant: Ted Gardner
Proposal: Change the zoning designation of these two parcels from commercial to residential. The front
parcel (.89 acres) contains a single family dwelling and the rear, landlocked parcel (.82 acres), is vacant.
The commercial zoning designation appears to be a legacy of when these two parcels were owned by the
same owner as the adjacent commercial property to the east (1230 Danby Road). Re-zoning to a
residential designation reflects the current status of the property and corrects this historical anomaly.
SEQR: Unlisted Action; Town Board is Lead Agency
Ag District: NA
County 239 referral: pending
Planner Haremza showed a map of the parcels requesting rezoning; they are next to the former Oasis
Dance Club, which has now been demolished. He said the owner at 31 Comfort Rd. requested rezoning for
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that parcel and the landlocked one behind it to reflect the situation on the ground; it is a single-family
dwelling. Haremza did not anticipate problems as this would be moving the parcels into a more restrictive
zoning district.
No one on the Board saw a problem with the rezoning. Bergman asked about the owner combining the
parcels and suggested at least letting them know they can if they want to. There was a brief discussion
about the history and future of the landlocked parcel.
MOTION: Recommend to the Town Board that the zoning of the two lots be changed to Low Density
Residential (Res. #19 of 2020)
Moved by Richards, seconded by Davis
The motion passed.
In favor: Bergman, Davis, Jett, Maragni, Richards, Scriber, Rundle
(9) PLANNING GROUP UPDATE
Tax Working Group
Gagnon reported that the Town Board had a good discussion regarding the proposal. They
accepted the recommendations of the Conservation Advisory Council (CAC) and Planning Board to drop
the short-term easement and the public access provision, therefore asking for the same legislation as has
been approved for four other towns in NY. This passed. He reported the Town Board discussed a means
test as a condition of eligibility as there was substantial concern about the use of easements to allow well-
off people get out of the responsibility of contributing to taxes based on assessed value. It was agreed they
would revisit this when given permission from the State to pass a local law, as they can then craft the local
law to suit Danby. Ted Crane said it is his belief that the houses are much more valuable than the land.
Conservation Working Group
Gagnon said that Leslie Connors had suggested a road tour on Nelson Rd. between Steam Mill
Rd. and Makarainen Rd. as this area is representative of development types seen in Danby. This is
scheduled for 9:30 a.m. on September 26th. He said the pattern of development Danby has is lots created
along the roads. If the preference is not to have that development, what is the Town willing to do to inhibit it
or reduce the impacts. He said there is a tension between aesthetic and ecological impacts; houses set
further back are less visible from the road, but they have more of an environmental impact.
Haremza reported that this working group is moving forward on the draft environmental protection
overlay district language for water resources. He felt they were solid on the riparian/stream corridor
definition, he has gotten more information from County Planning on how wetlands can be defined, and they
are hitting a dead-end about flood-prone areas.
Hamlet Working Group
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Planner Haremza said, regarding the municipal housing affordability grant, the consultant is back
on track to do a revised contract so the scope of services will be within the $10,000 grant. In addition,
Haremza is committing to a draft of the central hamlet zoning before he leaves.
Outreach Working Group
Planner Haremza said this working group has no new progress. One volunteer will be working on
developing a photo contest., which he thought was a nice idea to build community spirit in a socially
distanced way.
(10) SITE PLAN REVIEW COMMITTEE
Planner Haremza said he hopes not to disappear completely, so he will be available for questions
regarding this committee’s work. He will be summarizing what was discussed at the first meeting in a
written document. There had not been a meeting since the last Planning Board meeting.
(11) PLANNER’S REPORT
Planner Haremza reported the following:
• In terms of drainage on Beardsley Lane, he and Laura Shawley believe the parcels that will be part
of the drainage infrastructure have been transferred from the County to the Town, so the Town can
now move forward with a report from T.G. Miller that will lay out the tasks of the drainage district
and the costs of ongoing maintenance. Leslie Connors asked if there have been any meetings with
the residents. Haremza said there have not, but he thought it would be a good idea to reach out,
possibly through a mailing or hand-delivery of information.
• Regarding the Howland Rd. hemp operation, he visited in person on September 9th. He said there
was a lot of dirt being moved around, and he issued a stop-work order and a notice of violation of
the Stormwater Law in that the property owner had not submitted a notice of ground disturbance.
They may also need to submit a Stormwater Pollution Prevention Plan (SWPPP). The owner’s
attorney said they will be submitting something soon.
A brief discussion about the general difficulties of enforcement followed. Haremza concluded that
the future planner, the Town Board, and the code enforcement officer should get together for a
strategic review to figure out how enforcement should be done, including at what level the Town
Board desires enforcement to occur and who actually does it.
(12) ADJOURNMENT
Bruce Richards said he wanted to thank Planner Haremza. He felt the Planning Board had been much
more effective and gotten much more done thanks to Haremza’s guidance.
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MOTION: The Planning Board of Danby has appreciated the efforts, guidance, professionalism, and insight
of Planner Haremza, has learned a lot from him, and has deep appreciation and thanks for everything he’s
done.
Moved by Richards, seconded by Scriber
The motion passed unanimously.
The meeting was adjourned at 8:30 p.m.
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Alyssa de Villiers – Recording Secretary