HomeMy WebLinkAboutPlanning Board Minutes, 11-16-21 DRAFT1
PLANNING BOARD DRAFT MINUTES
Town of Danby Planning Board
Minutes of Regular Meeting
November 16, 2021
DRAFT
PRESENT:
Ed Bergman
Collen Cowan
Scott Davis
Kelly Maher
Elana Maragni
Jody Scriber (Chair)
OTHER ATTENDEES:
Town Planner David West
Town Board Liaison Leslie Connors (Town Board member)
Recording Secretary Alyssa de Villiers
Public Meghan Anderer, Michael Barnoski, Ted Crane, Toby Dean, Bill Furniss,
Katharine Hunter, Joel Gagnon (Town Supervisor), Choon James, Christine
Lemonda, Jake McNamara, Tom Mullen, Larry Parlett, Ronda Roaring, Mark
Solomon, Jonathon Zisk
This meeting was conducted virtually on the Zoom platform.
The meeting was opened at 7:01 p.m.
Note: Since the last meeting, Town Clerk Adelman reported via email that Kathy Jett had resigned from the
Planning Board.
(1) CALL TO ORDER/AGENDA REVIEW
There were no additions or deletions to the agenda.
(2) PRIVILEGE OF THE FLOOR
Ronda Roaring and Ted Crane both noted difficulties downloading the agenda and materials.
(3) APPROVAL OF MINUTES
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PLANNING BOARD DRAFT MINUTES
MOTION: Approve the October 19th minutes
Moved by Maher, seconded by Maragni
The motion passed.
In favor: Bergman, Cowan, Maher, Maragni, Scriber
Absent: Davis
(4) TOWN BOARD LIAISON REPORT
Joel Gagnon (Town Board Chair) shared the following information:
• Regarding the Norbut solar farm project, the Town Board began looking at the State
Environmental Quality Review (SEQR) Act material. The delineation of the wetlands seems at
odds with what is observed on the ground, so the Board asked for a second opinion on the matter.
There was also concern about the interface and its location on the highway and its visual impact;
the representation given did not show the whole picture.
• Every board has an expiring member, and the Town encourages people to apply.
• The Town Board approved the budget. There is a 7% increase in the tax levy, which exceeds the
tax cap. It includes more money for the Highway Department and making the youth program
coordinator a full-time position.
• Planner West is completing a cleaned-up draft of the zoning update, which the Board will take up
on the first Tuesday of December.
• Planner West will ask the County for help applying for and overseeing a federal housing rehab
grant.
(5) DEVELOPMENT REVIEW
SUB-2021-05 100 Van De Bogart Rd.
Parcel: 20.-1-1.2
Applicant: Ray Van de Bogart
Anticipated Board action(s) this month: Application Review, Schedule Public Hearing
Proposal: Subdivide 184 acre parcel into 2 pieces approximately 63 acres and 126 acres
Planner West said this application went through the Town Board and was granted a waiver from the
subdivision moratorium to pursue subdivision. Both proposed pieces comply with zoning.
MOTION: Schedule a public hearing for the December meeting
Moved by Bergman, seconded by Maher
The motion passed.
In favor: Bergman, Cowan, Maher, Maragni, Scriber
Absent: Davis
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PLANNING BOARD DRAFT MINUTES
SUP-2021-3 1360 Coddington Rd., Millroy Constas Residence
Parcel: 6.-1-1.31
Applicant: Mark Constas
Anticipated Board action(s) this month: Application review, Schedule Public Hearing
Proposal: Grant special permit for second dwelling on a lot
Planner West said the applicant would like to add a second dwelling on the lot, which is allowed by special
permit in the Low Density Residential zone. Board member Maragni asked what the square footage of the
build would be, and Planner West said he would get that information for the next meeting.
MOTION: Schedule a public hearing for the December meeting
Moved by Maragni, seconded by Bergman
The motion passed.
In favor: Bergman, Cowan, Maher, Maragni, Scriber
Abstain: Davis
SUB-2021-06 2016 Danby Rd.
Parcel: 14.-1-12.2
Applicant: Estate of Thomas K Randall
Anticipated Board action(s) this month: Public Hearing, SEQR, Approve, Approve with
modification, or Deny Subdivision Preliminary and Final Plat
Proposal: Subdivide 103.42 acre parcel into 2 pieces approximately 2 acres and 101.42 acres.
Project received a variance from the BZA allowing the remaining lot after subdivision to have
less than 200’ road frontage as would otherwise be required.
Planner West explained that the applicant was granted a waiver from the subdivision moratorium. Because
the lot does not have 200’ of frontage for both pieces, it went to the Board of Zoning Appeals (BZA) and
was granted a variance. It is now before the Planning Board for subdivision. The goal is to subdivide two
acres with a garage with an apartment above to sell to the long-term tenant, allowing the estate to sell the
rest to someone else. The two-acre parcel that will be created is conforming. It is the remaining parcel that
is short on road frontage and received a variance for that deficiency. There were originally two dwellings on
this parent lot, but the farmhouse burned down. Both that and the apartment over a garage were connected
to the same septic system and would continue to be so. The applicant has provided a sample agreement of
how that would work. With a full two acres, the owner of the garage/apartment will have enough room to
create a septic field on their lot in the future if desired.
Applicant Description
Tom Mullen, a realtor for the estate, explained that they are trying to accommodate the existing tenant,
Mark Solomon, staying in his home. They also have an agreement with another party to buy the remaining
101 acres. Everyone is in agreement about the shared utilization of the well and septic system. A great deal
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PLANNING BOARD DRAFT MINUTES
of work has gone into this for over a year and a half. The farm has been in the same family for over 80
years. He felt the people moving in would be a strong addition to the community.
Public Hearing
The public hearing was opened at 7:28 p.m.
Ronda Roaring said she thought this was putting the cart before the horse. You must have a building permit
to convert a garage into a living facility and then you must have a certificate of occupancy (COO) to allow
someone to live there. She said she was assuming there is not one, and you cannot sell a property unless
you have a COO in New York state. She thought the dwelling was not compliant, and nothing should be
done until the legal documents can be produced.
Planner West said the building dates from the ‘70s and had been in residential use since
before Mr. Solomon moved there. He said he has not seen a building permit. Mr. Mullen described
the building’s specifications. He said it was originally built for storage but was converted to a
residence some years later. It has always been hooked up to the existing well, which served the
farmhouse. It originally had its own septic system, but this was later abandoned, and the building
was connected to the farmhouse’s sand filter system. He said he had asked if they could have the
Code Enforcement Officer inspect the building, but that is not possible because the building is
already built. He said Planner West was not able to find a historical certificate of occupancy, but it
is a good, habitable residence. He also thought some records may have burnt with the house.
Board member Davis said he was not aware of a requirement that a building have a COO
for sale. He did not know if it was their purview to insist on a COO. He said he questioned Ms.
Roaring’s assertion.
Ted Crane said he thought Ms. Roaring’s point was a valid one in that in this case the building may not
have been built using the proper permits. He thought somebody who is knowledgeable on these things, like
the Town lawyer, should probably rule on how to proceed. He thought the facts on the ground suggest they
should not be worrying about it, but it is good practice to have rules and to make use of them.
Board member Cowan said their responsibility was the subdivision, not the sale. Davis
said he did not think this was the spot where this gets adjudicated. He thought many houses in
Danby could not procure a COO, and if the Town wants to go around Danby and find those who
cannot, that should be outside the Planning Board’s deliberations.
Mr. Mullen said, as a practical matter, he could not remember where anybody is asked to
produce a COO for the sale of their property, particularly for farms and rural residences. When
asked directly by Mr. Crane, Planner West said he did not think anything about the buildings on the
lot was apropos of consideration of subdividing the land.
The public hearing was closed at 7:48 p.m.
SEQR Review
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PLANNING BOARD DRAFT MINUTES
Planner West read aloud Part II of the Short Environmental Assessment Form (SEAF) for SEQR. It was
agreed that the answer was “no or small impact may occur” to all questions.
MOTION: The proposed action will not result in any significant adverse environmental impacts.
Moved by Scriber, seconded by Bergman
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Scriber
Preliminary and Final Subdivision Approval
The Board reviewed a draft resolution. Planner West said they Board could grant preliminary approval,
grant both preliminary and final approval, or deny the application.
Board member Maher confirmed that there was nothing about the building that would not allow it to be a
residence if built new. Planner West said it would be an allowed use. Maher suggested an edit of deleting
“to be sold to the long term tenant” in whereas 2(a) and adding “containing farm buildings and farmland” to
2(b), and this was done.
MOTION: Approve resolution as written (with discussed edit) (Res. 10 of 2021)
Moved by Davis, seconded by Bergman
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Scriber
SUP–2021-2 349 Durfee Hill Rd/110 Howard Rd.
Parcel: 13.-1-3.2
Applicant: Jacob McNamara on behalf of William Furniss, Jr.
Anticipated Board action(s) this month: Public Hearing, SEQR, Grant or deny Special Use
Permit
Proposal: Amend previous Special Use Permit to allow second dwelling unit permanently
(previous SUP was for temporary use)
Applicant Description
Mr. MacNamara, representing Mr. Furniss, explained that there has been a modular home at the site for the
last 15 years subject to a temporary permit, and they are looking to get a permanent permit.
Public Hearing
The public hearing was opened at 8:04 p.m.
Ted Crane noted that he was still having issues accessing the agenda and documents. Thus, for practical
purposes, the public did not have information distributed about the meeting. Secretary de Villiers said that
she had been able to access the agenda packet just before the meeting. Mr. Crane thought there was a
bigger problem on the sending end.
The public hearing was closed at 8:09 p.m.
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PLANNING BOARD DRAFT MINUTES
SEQR Review
The Board reviewed Part II of the Short Environmental Assessment Form (SEAF) for SEQR. It was agreed
that the answer was “no or small impact may occur” to all questions (moved by Davis, seconded by
Cowan).
MOTION: The proposed action will not result in any significant adverse environmental impacts.
Moved by Cowan, seconded by Davis
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Scriber
Special Use Permit Approval
The Board reviewed a draft resolution. The applicant made the correction that it is 110 Howard Rd, not 100.
MOTION: Approve resolution as written (Res. 11 of 2021)
Moved by Bergman, seconded by Maher
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Richards, Scriber
SUB-2021-01.1 Hornbrook Rd. Subdivision Amendment
Parcel: 6.-1-18.25
Applicant: Christine Lemonda
Anticipated Board action(s) this month: Public Hearing, SEQR, Approve, Approve with
modification, or Deny Subdivision Plat Amendment
Proposal: Amend Subdivision Plat to include No Build and Restricted Build Areas.
Planner West said this was originally part of a three-lot subdivision. That applicant did the full resource
mapping exercise on one of the three lots, and the other two lots were subdivided with the requirement that
before they could get a building permit they would need a resource map and to have their site plan based
on that. The applicant has gone through that process and sited their proposed home based on that. They
are applying to amend the plat to add this resource map. He said the Board did talk about the resource
map at the last meeting.
Public Hearing
The public hearing was opened at 8:18 p.m.
Ted Crane reiterated that the information was not available to the public.
The public hearing was closed at 8:19 p.m.
SEQR Review
The Board reviewed Part II of the Short Environmental Assessment Form (SEAF) for SEQR. It was agreed
that the answer was “no or small impact may occur” to all questions.
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PLANNING BOARD DRAFT MINUTES
MOTION: All answers are “no” and the proposed action will not result in any significant adverse
environmental impacts.
Moved by Maher, seconded by Davis
The motion passed.
In favor: Cowan, Davis, Maher, Maragni, Scriber
Absent: Bergman
Plat Amendment Approval
The Board reviewed a draft resolution. There were no proposed edits.
MOTION: Approve resolution as drafted (Res. 12 of 2021)
Moved by Maher, seconded by Maragni
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Scriber
SPR-2021-4 1435 Danby Rd. Gospel Church of Ithaca
Parcel: 2.-1-47
Applicant: Michael Barnoski on behalf of Dan Grigoryev
Anticipated Board action(s) this month: Public Hearing, SEQR, Approve, Approve with
modifications, or Deny General Site Plan, Approve, Approve with conditions, or Deny Special Use
Permit.
Proposal: Build new church on site of previous church – improve parking access.
Public Hearing
The public hearing was opened at 8:26 p.m.
Larry Parlett said that, as a neighbor of the church, he could not have a better neighbor. He said they are
top-notch, quiet, and a good congregation to live next to. He said that, based on what he saw in the
application, he was all for it. He said he likes the looks of what they are proposing to build, and it would
affect him the most as the closest neighbor.
Ronda Roaring said she did some research and found minutes from a Planning Board meeting on October
18, 2007. She remembered that taking the property off the tax rolls was discussed. In her remembering,
they were told that if the property stopped being a church, it would need to revert to being a taxable
property. She said she had a problem with them building something bigger, better, and in a different
configuration after the property burned down; it may not ever be able to be converted into a taxable
property again if they are permitted to build a new and bigger church. She thought they should be kept to
what it was.
The public hearing was closed at 8:31 p.m.
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PLANNING BOARD DRAFT MINUTES
SEQR Review
Planner West said this is an allowed use by special permit in the Commercial B zone. He asked about the
energy code. Mr. Barnoski, the building designer, said they would be using air-source heat pumps and a
high-efficiency boiler for supplemental heat. He is encouraging them to be solar ready.
The Board reviewed Part II of the Short Environmental Assessment Form (SEAF) for SEQR. It was agreed
that the answer was “no or small impact may occur” to all questions.
MOTION: All answers are “no” and the proposed action will not result in any significant adverse
environmental impacts.
Moved by Maher, seconded by Bergman
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Scriber
Site Plan Review/Special Permit Approval
The Board reviewed a draft resolution. No edits were made. Maher asked about approval for the driveway
reconfiguration. Mr. Barnoski said that they had received approval for their PERM 33-COM for phase one
and two; part three approval comes later, but the DOT is on board. Davis thanked the neighbor for his
feedback; he said that is very helpful for him as Board member.
MOTION: Approve resolution as written, accepting it all together (approving special use permit and general
and final site plan) (Res. 13 of 2021)
Moved by Bergman, seconded by Davis
The motion passed.
In favor: Bergman, Cowan, Davis, Maher, Maragni, Scriber
(6) PLANNER REPORT
Planner West reported the following:
• He showed where applications are accessible on the website.
• A site plan application from Dollar General has not yet come in. He has been working with the
applicant to craft something that follows the Town’s rules.
• He will be sharing a final draft of the zoning update soon by email. He expects the Town Board will
be scheduling a public hearing on that. This will not be the end—he hopes that next year they can
redouble their efforts to look at process and clarify the code. Three main topic areas that he thinks
need to be addressed are short-term rentals, both for regular homes and glamping, seasonal
homes and temporary housing structures, and incentives for universal design.
• He is working with the Norbut Solar project to clarify issues around the interconnect facility and
ground stormwater. Maher asked if they would be seeing that in December, and West thought not.
It will come back for site plan review at some point, but SEQR is still being reviewed by the Town
Board. Davis asked if it was possible to visit the site to better imagine the context. West noted it will
be hunting season. He said the Town has hired a wetland consultant and will be going to the site
on Nov. 29th and 30th. Mr. Nitchman owns the land and has been open to people coming out; the
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PLANNING BOARD DRAFT MINUTES
developer has asked people to sign a liability waiver. Board members could talk with him about
when to visit.
(7) ADJOURNMENT
The meeting was adjourned at 8:51 p.m.
___________________________________________
Alyssa de Villiers – Recording Secretary
Page 1 of 2
Town of Danby
Planning Board Resolution Number 10 of 2021
Nov. 16, 2021
Preliminary and Final Approval, Standard Subdivision SUB-2021-06
2016 Danby Rd., Tax Parcel 14.-1-12.2
1. Whereas an application has been submitted for review and approval by the Town of Danby
Planning Board for a Standard Subdivision of 2016 Danby Rd., Tax Parcel 14.-1-12.2 by
Krystle Curran; and
2. Whereas the Applicant proposes to subdivide the existing 103.42 (+/-) acre property into
two parcels:
a. Parcel A, measuring 2 acres, containing the existing garage/apartment
b. Parcel B, measuring 101.42 acres, to be sold as a farm, containing farm buildings
and farmland
3. Whereas the parcel is in the Low Density (LD) Residential Zone and the proposed parcel
does not meet the requirement of the LD District for a frontage of 200 feet, per Zoning
Ordinance; and
4. Whereas the applicant was granted an area variance by the Board of Zoning Appeals on
October 26, 2021; and
5. Whereas the proposed parcels meet all other lot area requirements per Zoning Ordinance;
and
6. Whereas this is considered a Standard Subdivision in accordance with the Town of Danby
Subdivision and Land Division Regulations; and
7. Whereas this is an Unlisted Action under the Town of Danby Environmental Review of
Actions and the State Environmental Quality Review (SEQR) Act and is subject to
environmental review; and
8. Whereas legal notice was published and adjacent property owners within 500 feet notified;
and
9. Whereas the Planning Board held the required Public Hearing on Nov. 16, 2021; and
10. Whereas this Board, acting as Lead Agency per the State Environmental Quality Review
(SEQR) Act, did on Nov 16, 2021 review and accept:
a. A Short Environmental Assessment Form (EAF), Part 1, submitted by the Applicant
11. Whereas the Planning Board did carefully consider Part 2 of the EAF and on Nov 16, 2021
make a Negative Declaration of Environmental Significance for the project; and
Page 2 of 2
12. Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby grant
Preliminary and Final Subdivision Approval to the proposed Standard Subdivision of 2016
Danby Rd., Tax Parcel 14.-1-12.2, by Krystle Curran, applicant and owner, subject to the
submission of the final approved plat, having a raised seal and signature of a registered
licensed surveyor, filed with the Tompkins County Clerk within six (6) months.
Approved Nov 16, 2020
________________________________________
Chairperson
Page 1 of 1
Town of Danby
Planning Board Resolution Number 11 of 2021
Nov. 16, 2021
Special Use Permit SUP-2021-2
349 Durfee Hill Rd/110 Howard Rd. Parcel 13.-1-3.2
1. Whereas an application has been submitted for review and approval by the Town of Danby
Planning Board for a Special Use Permit at 349 Durfee Hill Rd/110 Howard Rd. Parcel 13.-
1-3.2 by William Furniss; and
2. Whereas the Applicant proposes to permanently allow the existing second dwelling on their
lot which was permitted previously with a temporary special use permit in 2005; and
3. Whereas the parcel is in the Low Density (LD) Residential Zone and meets all the
requirements to have a permanent second dwelling on the lot, per Zoning Ordinance; and
4. Whereas this is an Unlisted Action under the Town of Danby Environmental Review of
Actions and the State Environmental Quality Review (SEQR) Act and is subject to
environmental review; and
5. Whereas legal notice was published and adjacent property owners within 500 feet notified;
and
6. Whereas the Planning Board held the required Public Hearing on Nov. 16, 2021; and
7. Whereas this Board, acting as Lead Agency per the State Environmental Quality Review
(SEQR) Act, did on Nov 16, 2021 review and accept:
a. A Short Environmental Assessment Form (EAF), Part 1, submitted by the Applicant
8. Whereas the Planning Board did carefully consider Part 2 of the EAF and on Nov 16, 2021
make a Negative Declaration of Environmental Significance for the project; and
9. Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby grant a
Special Use Permit for a second dwelling on a lot to 349 Durfee Hill Rd/110 Howard Rd.
Parcel 13.-1-3.2.
Approved Nov 16, 2020
________________________________________
Chairperson
Page 1 of 1
Town of Danby
Planning Board Resolution Number 12 of 2021
Nov. 16, 2021
Subdivision Plat Amendment SUB-2021-01.1
Hornbrook Rd. Parcel: 6.-1-18.25
1. Whereas an application has been submitted for review and approval by the Town of Danby
Planning Board to amend the subdivision plat for Parcel 6.-1-18.25 by Christine Lemonda;
and
2. Whereas the Applicant proposes the required Resource Map that was required as a
condition of the Standard Subdivision that created the lot; and
3. Whereas the proposed resource map is in compliance with the Town of Danby conservation
guidelines for standard subdivision; and
4. Whereas this is an Unlisted Action under the Town of Danby Environmental Review of
Actions and the State Environmental Quality Review (SEQR) Act and is subject to
environmental review; and
5. Whereas legal notice was published and adjacent property owners within 500 feet notified;
and
6. Whereas the Planning Board held the required Public Hearing on Nov. 16, 2021; and
7. Whereas this Board, acting as Lead Agency per the State Environmental Quality Review
(SEQR) Act, did on Nov 16, 2021 review and accept:
a. A Short Environmental Assessment Form (EAF), Part 1, submitted by the Applicant
8. Whereas the Planning Board did carefully consider Part 2 of the EAF and on Nov 16, 2021
make a Negative Declaration of Environmental Significance for the project; and
9. Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby amend
the subdivision plat for parcel 6.-1-18.25 to include the proposed resource map to be filed
with the Town Clerk.
Approved Nov 16, 2020
________________________________________
Chairperson
Page 1 of 2
Town of Danby
Planning Board Resolution Number 13 of 2021
Nov. 16, 2021
Site Plan Review Approval SPR-2021-4 1435 Danby Rd
1. Whereas an application has been submitted for review and approval by the Town of Danby
Planning Board to approve a Site Plan and grant a Special Use Permit at 1435 Danby Rd for
the Gospel Church of Ithaca; and
2. Whereas the Applicant proposes to build a new church on the site of their former church
that was destroyed by fire; and
3. Whereas the use is allowed by Special Use Permit in the Low-Density Residential Zone and
replaces a recently destroyed building for the same use; and
4. Whereas the Planning Board has considered the General Considerations Required for All
Special Permits in the Zoning Ordinance; and
5. Whereas the Planning Board has considered the General Considerations for Site Plan
Approval in the Zoning Ordinance; and
6. Whereas this is an Unlisted Action under the Town of Danby Environmental Review of
Actions and the State Environmental Quality Review (SEQR) Act and is subject to
environmental review; and
7. Whereas legal notice was published and adjacent property owners within 500 feet notified;
and
8. Whereas the Planning Board held the required Public Hearing on Nov. 16, 2021; and
9. Whereas this Board, acting as Lead Agency per the State Environmental Quality Review
(SEQR) Act, did on Nov 16, 2021 review and accept:
a. A Short Environmental Assessment Form (EAF), Part 1, submitted by the Applicant
10. Whereas the Planning Board did carefully consider Part 2 of the EAF and on Nov 16, 2021
make a Negative Declaration of Environmental Significance for the project; and
11. Now Therefore, be it Resolved that the Town of Danby Planning Board does hereby grant
a Special Use Permit for the Gospel Church and approve the general and final Site Plan for
the Church’s reconstruction.
Approved Nov 16, 2020
Page 2 of 2
________________________________________
Chairperson