HomeMy WebLinkAbout2021-03-01-TownBoard-SpecialMtg-MinutesTown of Danby Town BoardSpecial MeetingMonday , 1 March 2021 at 7:00 PMvia Zoom Video Conferencing
Special Topic: 250 Marsh Road SubdivisonMeeting MinutesRoll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt UlinskiTown Attorney Guy KroghTown Planner David WestRecording Secretary Janice R. Adelman, Town Clerk
Number of Public Attendees:36
1. Call to Order by Supervisor Joel Gagnon at 19:062. Additions/deletions to the agenda2.1. Two Danby Properties requested to be added to the Ag District2.1.1. Rick Lazarus spoke on behalf of Margaret Corbit who could not attend regardingher letter to Tompkins County objecting to the Howland Road property beingincluded in the Ag District.2.1.2. Board will request a delay to submit comments so that residents and Board candiscuss in greater detail at the next Board meeting on Monday.3. Privilege of the Floor3.1. Ted Crane spoke in opposition to the Open Development Area and offered an alternativesolution to the road frontage problem.3.2. Garry Huddle asked what the timeframe is for town hall to have regular business hours.3.3. Katharine Hunter spoke of wanting to hear more from the attorney perspective, and willbe interested to hear what can be shared publicly after the closed session.4. The Board held a public discussion on Open Development Areas before the closed session.4.1. Planner West provided a history of the property including the zoning/subdivision issuesrelated to building on the property:4.1.1. The parcel is just over 90 acres in low density residential zone; allows 1 parcel forevery 5 acres or every 200 feet of frontage which is the town’s least dense zoning.4.1.2. Thus, the by-right use is that residential 1- and 2-family homes are allowed on eachsubdivided parcel that would be created.4.1.3. In addition to zoning ordinance for frontage, there’s also a New York State law 280-A, requiring any parcel that receives a building permit to have access for emergencyvehicle access to a mapped town road, both an officially accepted road and suitablyimproved.4.2. There are two ways to work around these ordinances
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4.2.1. If you have a town-mapped road that is smaller than normal, you can get a 280-Avariance from the requirement of having a certain level of improvement.4.2.2. With complicated parcels, NYS allows for an open development area (ODA)4.3. Open Development Area4.3.1. An ODA offers a solution for a few different goals:4.3.1.1. When a town wants to allow a small rural lane (i.e., a driveway) rather thana typical town highway road system, an ODA allows the development ofparcels with access by driveway (not road frontage), affording the option ofaccess by easement.4.3.1.2. When a parcel is landlocked; the landowner has the right to the economicuse of that parcel but can’t develop it because there is no road access. AnODA is something that the landowner can request and then the town wouldconsider allowing that parcel to be developed with access by easement acrossanother parcel.4.3.2. An ODA is proposed by either the Town Board or by an applicant.4.3.2.1. Once an ODA is proposed, the Town Board requests the Planning Board toreview the concept and set parameters.4.3.2.2. It’s the Planning Board’s job to consider the feasibility and utility of an ODAand return their findings to the Town Board4.3.2.3. Once the Town Board receives the Planning Board’s report, the Town Boardconsiders how to move forward.4.4. Conservation Advisory Council (CAC) Chair, Clare Fewtrell, reported that the CAC sharedmost residents’ concern that the parcel was going to be subdivided and developed so theywere hoping there would be a conservation easement on the whole property before it issubdivided; this would allow one house to be built on the subdivided parcel.4.4.1. Additional comments from Fewtrell noted the unique natural area that the propertyborders, including a stream at the southern end. The hope was that the stream andnearby wooded areas would not be developed.4.5. Road issues4.5.1. The question of whether or not a road still exists up to Deputron Hollow running eastfrom Marsh Road.4.5.1.1. Records indicate this road was officially abandoned by the town.4.5.1.2. The southern portion of Marsh Road was also abandoned.4.5.2. Town law requires road frontage for subdivisions with a minimum frontage for lots.4.5.2.1. A cluster option in subdivisions would allow the Planning Board to waivecertain requirements around the amount of frontage.4.5.2.2. NY State law still requires at least 15 feet of frontage per parcel for access tocomply with 280-A unless you are in an ODA.4.5.2.3. To develop, the road that accesses the property must be suitably improved tothe extent that the Town deems the road safe enough for emergency vehicles touse said road.4.5.3. There is uncertainty around access on Marsh Road—whether the road had in thepast been maintained with winter access all the way to the corner. New York State
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law requires the town to maintain access to a dwelling; the town would be requiredto keep that road open.4.5.4. Uncertainty around the ongoing maintenance of a road that cuts through wetlandsarea.5. Motion to Move into Closed Session
Moved By:Ulinski Seconded By:Holahan
The Town Board moved to closed session with Attorney Guy Krogh with the followingindividuals attending: David West (Town Planner), Steve Cortright (Town Code Enforcement),Janice Adelman (Town Clerk), Bruce Richards (Planning Board), Clare Fewtrell (CAC Chair),Elana Maragni (Planning Board)
Vote:Councilperson Aye No Abstain
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
6. Town Board and invited guests entered into closed Session at 20:167. Closed Session ended at 22:058. Adjourned at 22:06
_________________________________________Submitted by Janice R. AdelmanTown Clerk