HomeMy WebLinkAboutPlanning Board Minutes - March 3, 2020, special meetingTown of Danby Planning Board
Minutes of Regular Meeting
March 3, 2020
PRESENT:
Ed Bergman
Scott Davis
Kathy Jett
Elana Maragni
Bruce Richards
Jody Scriber (Acting Chair)
ABSENT:
Jim Rundle
OTHER ATTENDEES:
Town Planner Jason Haremza
Town Board Liaison Leslie Connors
Recording Secretary Alyssa de Villiers
Public Ted Crane, Rick Hardesty, Earl Hicks, Gladys Holt, Joel Gagnon (Town
Supervisor), Valarie Kranz, Ronda Roaring
The meeting was opened at 7:01pm.
(1) MEETING WITH STAFF
Planner Haremza reviewed the materials for the cases with the Board. Possible conditions on the special
permit approval for Case #3 were discussed, including method of water provision and a professionally-
drawn site plan.
(2) CALL TO ORDER / AGENDA REVIEW
The meeting was called to order at 7:10 p.m. There were no additions or deletions to the agenda. An
explanation for the meeting was given: it is a continuation of the public hearings opened at the February
18th meeting to fulfill the notice requirements, one of which was incorrect for the February 18th meeting.
(3) PRIVILEGE OF THE FLOOR
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PLANNING BOARD MINUTES
There was no privilege of the floor at this special meeting of the Planning Board. Additional testimony
related to each case was taken during the continuation of the public hearings held open from the February
18th meeting.
(4) 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 had been left open from the February 18th meeting.
Ronda Roaring (571 South Danby Rd.) said she objects. When asked the reason, she said “bad faith.”
Acting Chair Scriber asked if the Board had any questions, and they briefly reviewed that there is no
planned building and the property is being subdivided for the opportunity to finance.
The public hearing was closed at 7:13 p.m.
As lead agency for the State Environmental Quality Review Act (SEQR), the Board went through the Short
Environmental Assessment Form (SEAF) parts two and three. For part two, all questions were answered,
“No or small impact may occur.”
MOTION: Determine there is no significant adverse environmental impact.
Moved by Richards, seconded by Maragni
The motion passed.
In favor: Bergman, Davis, Jett, Maragni, Richards, Scriber
MOTION: Approve the minor subdivision.
Moved by Bergman, seconded by Maragni
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PLANNING BOARD MINUTES
The motion passed.
In favor: Bergman, Davis, Jett, Maragni, Richards, Scriber
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.
SEQR: Unlisted action, Planning Board is Lead Agency
Ag District: Tompkins County Agricultural District #2
County 239 referral: NA
The public hearing had been left open from the February 18th meeting.
No additional comments were made.
The public hearing was closed at 7:18 p.m.
As lead agency for the State Environmental Quality Review Act (SEQR), the Board went through the Short
Environmental Assessment Form (SEAF) Parts 2 & 3. For Part 2, all questions were answered, “No or
small impact may occur.”
.
MOTION: Determine there is no significant adverse environmental impact.
Moved by Richards, seconded by Bergman
The motion passed.
In favor: Bergman, Davis, Jett, Maragni, Richards, Scriber
MOTION: Approve the standard subdivision.
Moved by Bergman, seconded by Richards
The motion passed.
In favor: Bergman, Davis, Jett, Maragni, Richards, Scriber
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
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PLANNING BOARD MINUTES
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 had been left open from the February 18th meeting.
Richards said that the testimony of the neighbors indicates the area has an unreliable aquifer and difficulty
with wells. He noted that the neighbors expressed concerns about this. He said the applicants do not have
reliable water and have potable water delivered, and the in-law apartment would be supplied by that same
source. He said the Board could add a condition about the water, and noted that “water and sewerage or
waste disposal facilities are adequate,” but only because the water is being delivered. Maragni added that
the homeowners had agreed to a condition in the previous meeting. Bergman asked where a condition
would go, and Haremza said that it would be in the final resolution. Haremza added that the condition had
been discussed, the applicants would likely not be surprised, the document will get attached to the building
permit, and then it will be part of the public record that water is an issue at this property.
Ronda Roaring asked what the need was for the second dwelling, and Haremza answered that the
applicant stated it is for aging members of their family. Roaring asked if this was an indication that the Town
planned to allow every individual to have an aging parent in a second dwelling. Davis said that this use was
permitted in the Zoning Ordinance right now; it is not an unequivocal yes, and the Board does look at each
individual case, but the burden of proof to make a denial is on the Board. He said that because it is in the
zoning code, it is the right of the applicants. Roaring said that it used to be that people (elderly family)
would live in trailers that could then be removed, not permanent dwellings. Haremza said that a permanent
(second) dwelling for any purpose is specially permitted by the Zoning.
The public hearing was closed at approx. 7:30 p.m. (Exact time unknown due to recorder error).
In accordance with Section 901 of the Zoning Ordinance, “General Considerations Required For All Special
Permits,” the Board reviewed the eleven requirements. It was agreed that the answer to number six, “Water
and sewerage or waste disposal facilities are adequate” was “yes” given that water is supplied. As per
Section 902 “Miscellaneous Considerations for Special Permits” number 2(a), the Board also considered
“The adequacy of the lot area for each dwelling unit,” and agreed it was adequate. Haremza said that it
meets all requirements.
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PLANNING BOARD MINUTES
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PLANNING BOARD MINUTES
Regarding the language for the condition on the special permit relating to water, Davis asked about
specifying “without accessing the aquifer” as that is the concern. Richards said this was a good point as the
goal was not to put too many wells down into an inadequate aquifer, which would exacerbate the problem.
Davis said that the condition could also set a precedent for the whole neighborhood that the aquifer is a
matter of concern that the Planning Board addressed. Haremza said the Board does have discretion to
impose conditions because it is a specially permitted use. What the condition should be was discussed,
specifically whether it should say a will cannot be drilled. Haremza said the applicants can return to the
Board and request to amend the special permit down the road if they want to drill a well. Richards instead
suggested referencing that water will be supplied through the expansion of the existing water distribution
system, which is adequate. Maragni clarified that the Board was saying that the current water system was
adequate, not that the applicants have to stick with it, so they would not be limited to that one system if they
come up with another creative way to get water. Bergman said he thought they were saying that what the
applicants are using for the main house, they would have to use for the additional dwelling.
MOTION: Approve the special permit with added language about having an updated site plan
(professionally drawn) and the adequacy of the water supply
Moved by Bergman, seconded by Richards
The motion passed.
In favor: Bergman, Davis, Jett, Maragni, Richards, Scriber
(5) ADJOURNMENT
The meeting was adjourned at 7:48pm.
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Alyssa de Villiers – Recording Secretary