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HomeMy WebLinkAboutPB Minutes 1984-08-21 TOWN OF ITHACA PLANNING BOARD AUGUST 21 , 1984 The Town of Ithaca Planning Board met in regular session on Tuesday , August 21 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , David Klein , Virginia Langhans , Edward Mazza , Barbara Schultz , Peter M . Lovi ( Town Planner ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : R . James Stockwin , Donald Chaffee , Scott Chaffee , Ellen Chaffee , John Majeroni , Jeremy Howe ( Q104 -FM- News ) . Chairman May declared the meeting duly opened at 7 : 30 p . m . For the record , there was before the Board the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings for each of the matters before the Board as posted and published in Town Hall and the Ithaca Journal on August 13 , 1984 and August 16 , 1984 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors , agents , parties with interest , and upon the Tompkins County Commissioner of Planning , on August 16 , 1984 . APPROVAL OF MINUTES - AUGUST 7 , 1984 MOTION by Mr . David Klein , seconded by Mr . Edward Mazza : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of August 7 , 1984 be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Mazza . Nay - None . Abstain - Schultz , Langhans . The MOTION was declared to be carried . ADJOURNED PUBLIC HEARING ( FROM AUGUST 7 , 1984 ) : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A TWO-LOT SUBDIVISION AT 1584 SLATERVILLE RD . , TAX PARCEL NUMBER 6 - 56 - 3 - 16 , . 87 ACRES . SCOTT CHAFFEE , OWNER . Chairman May declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 50 p . m . The Chaffees were present . Mrs . Ellen Chaffee presented to each member of the Board a much larger copy of the same Survey Map which the Board had had before it at the August 7th hearing . Mr . Lovi noted that this is the map that was reduced and , thus , made illegible , and stated that this large copy .is readable enough . Mr . Lovi Planning Board 2 August 21 , 1984 . stated that he had computed the sizes of the two proposed lots and Parcel I contains well over 20 , 000 square feet , having a road frontage of 100 feet and a depth of around 230 feet ; Parcel II , the triangular parcel , contains approximately 17 , 000 square feet , having a road frontage of approximately 160 feet and a depth of about 213 feet . Mr . Lovi stated that the subdivision conforms to the regulations with the exception of the existing house on Parcel I which , with the division line in the location proposed , will be located too close to the new side lot line , i . e . , 104 feet , rather than 15 feet as required . Mr . Mazza asked if anyone had determined just where one measures the depth from for a triangularly shaped parcel . It appearing that no one had , considerable discussion followed with several suggestions offered , such as - - requesting the Zoning Board of Appeals to render its interpretation as to this question , and , the drawing of a line perpendicular to the roadway in such a manner that the rear corner portion of any proposed house be 30 feet from the hypoteneuse of the triangle . The Board discussed with Mr . Donald Chaffee the approximate size of the house he planned to construct on the " new " triangularly - shaped lot . Mr . Chaffee described a house of about 26 ' x 41 ' in size . Chairman May asked if anyone present wished to speak to the matter of the Chaffee two- lot subdivision request . No one spoke . MOTION by Mr . Edward Piazza , seconded by Mr . David Klein . RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Preliminary Subdivision Approval for a two - lot Subdivision at 1584 Slaterville Road , Town of Ithaca Tax Parcel No . 6 - 56 - 3 - 16 , as proposed by Scott Chaffee , Owner , and as shown on subdivision map entitled " Map of Survey Showing Location of Dividing Line Between Parcel I and Parcel II , Property Owned By Percy Watros " , 1584 Slaterville Road , Town of Ithaca , Tompkins County , dated April 27 , 1980 , signed and sealed by R . L . MacDowell , L . S . , Reference ' Map of Survey showing parcels of land to be exchanged by Percy Watros and David & Eloise Blanpied , by R . L . MacDowell Jr . , dated Oct . 10 , 19761 , contingent upon the granting by the Town of Ithaca Zoning Board of Appeals of a variance with respect to Parcel I for an existing dwelling with a southeast side yard deficiency of 4 . 75 feet , said southeast side yard measuring 10 . 25 feet rather than 15 feet as required , and further contingent upon the granting of either a variance with respect to Parcel II for a proposed dwelling with a rear yard deficiency or the determination by said Board of Appeals that no rear yard deficiency is present with respect to said Parcel II , and further RESOLVED , that the Town of Ithaca Planning Board waive and hereby does waive Final Subdivision Approval for said Chaffee two- lot subdivision , subject to the contingencies hereinabove stated and further contingent upon the preparation of a final subdivision plan in a form acceptable to the Town Engineer and the filing thereof in the Office of the Tompkins County Clerk , 0 There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Mazza , Schultz . Planning Board 3 August 21 , 1984 Nay - None . The MOTION was declared to be carried unanimously .. Mr . Mazza suggested that the Board might wish to pass on to the Board of Appeals its thinking as to how the determination of the rear yard setback might be made insofar as this triangularly - shaped lot is concerned . MOTION by Mr . Edward Mazza , seconded by Mr . Montgomery May . RESOLVED that , with respect to the matter of the Chaffee subdivision of property known as 1584 Slaterville Road , the Town of Ithaca Planning Board recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals that the rear yard setback may be determined by taking a point which is at least 30 feet from the easternmost corner of the proposed house on Parcel II on a line which is perpendicular to Route 79 ( Slaterville Road ) . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Mazza , Schultz . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the Adjourned Public Hearing in and the matter • of the Chaffee two - lot subdivision duly closed . PUBLIC HEARING : REAFFIRMATION OF FINAL SUBDIVISION APPROVAL FOR SIX LOTS IN THE VICINITY OF PARK LANE . WILLIAM FRANDSEN , OWNER , Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 30 p . m . Mr . R . James Stockwin , of John S . MacNeill Jr . , P . C . , representing Mr . Frandsen was present . Mr . Stockwin presented the map which had been reviewed by the Planning Board in February of 1983 and which showed six lots which had been granted final subdivision approval in 1968 . Mr . Lovi explained that Mr . Frandsen had not recorded the map after he had received an affirmation of the 1968 approval and , it being over a year since that reaffirmation , it was necessary to re -reaffirm the approval of the six lots so that the map can be duly filed . Chairman May asked if there were anyone present who wished to speak to the matter of the reaffirmation of final approval of the six - lot Frandsen Subdivision . No one spoke . The Board members discussed at considerable length whether or not the six lots were affected in any manner by the 1968 Town of Ithaca Highway Master Plan Map . Mr . Lovi juxtaposed the Highway Master Plan Map with the Frandsen Subdivision Map under consideration . The lengthy discussion resulted in the Planning Board members concurring that the six lots for which reaffirmation of final approval was being sought appear not to be in conflict with the Highway Master Plan Map . The Planning Board took note of Planning Board 4 August 21 , 1984 the fact that the subject six lots had been granted final subdivision approval by the Planning Board on June 11 , 1968 , under the signature of Noel Desch . The Planning Board also took note of the fact that the six lots under discussion had been granted a reaffirmation of final subdivision approval on February 15 , 1983 , Montgomery May , Chairman . Continued discussion was held by the members of the Board with respect to access , two accesses being noted , one off Snyder Hill Road via Park Lane , or via Sharlene Drive to Tudor Road . MOTION by Mrs . Barbara Schultz , seconded by Mrs . Virginia Langhans : WHEREAS , at Public Hearing duly and properly held on February 15 , 1983 by the Town of Ithaca Planning Board with respect to six lots known as Section One of the Frandsen Subdivision , the following Resolution was adopted : " MOTION by Mr . David Klein , seconded by Mrs . Virginia Langhans : WHEREAS . 1e the subdivider has prepared subdivision plat ( s ) in a form acceptable to the Town Engineer , and 2e an environmental assessment form has been prepared and reviewed by the Town Planner , and 3 * this subdivision has been classified as an unlisted action and the Planning Board has determined that this project will not have a significant adverse impact on the environment , and 4o the developer has already received final subdivision approval for this subdivision June 11 , 1968 , and 5e the subdivision layout was largely constrained at the time by the Eastern Heights Subdivision , which has since been developed , and 69 no parkland will be required to be added to the adjacent thirteen acre Eastern Heights Parks , and 7e there will be substantial conformance between the present subdivision plat ( s ) and the final plat ( s ) to be filed in the Office of the County Clerk , and 8 * that such conformance shall be certified by the Town Engineer prior to such filing ; THERFORE , IT IS RESOLVED .o that the Town of Ithaca Planning Board reaffirm and hereby does reaffirm final subdivision approval for the six - lot subdivision as proposed and submitted by William Frandsen , Town of Ithaca Tax Parcel No . 6 - 56 - 3 - 13 , as presented in the maps in the Office of the Town Engineer provided that the final subdivision plat ( s ) to be filed in the Office of the County Clerk shall be in substantial conformance with these maps Planning Board 5 August 21 , 1984 . and that the Town Engineer shall certify the conformance of such final plat with the preliminary plat prior to its filing and before any offer for sale or other transfer shall be made . By way of discussion , Mrs . Langhans verified that the Motion deals only with the six lots previously approved . Mr . Fabbroni stated that that was correct . Mr . Klein wished to know if there were any changes from that time , to which Mr . Frandsen responded that there were none with the exception of the location of a PRV in the water system . Aye - May , Klein , Schultz , Stanton , Grigorov , Mazza , Langhans . Nay - None . The MOTION was declared to be carried unanimously . " and , WHEREAS , there has been no change in the proposal for which re - reaffirmation of approval is sought from that which was reaffirmed at said Public Hearing on February 15 , 1983 ; NOW , THEREFORE , BE IT RESOLVED , that the Town of Ithaca Planning Board , this date , August 21 , 1984 , reaffirm and hereby does reaffirm the OResolution duly and properly adopted on February 15 , 1983 , granting final subdivision for six lots only with respect to the Frandsen Subdivision , as shown on Map entitled " Section One " , " Boundary and Lot Data Map " , " Frandsen Subdivision , Slaterville Road , Town of Ithaca , N . Y . " , as signed and sealed by John S . MacNeill Jr . , L . P . E . & L . L . S . , dated March 7 , 1968 , revisions 3 / 25 / 68 , 4 / 22 / 68 , 2 / 4 / 83 . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Mazza , Schultz . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the Public Hearing in and the matter of the six - lot Frandsen subdivision duly closed at 8 : 44 p . m . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A TWO - LOT SUBDIVISION AT COY GLEN ROAD AND FLORAL AVENUE , PORTION OF TAX PARCEL NUMBER 6 - 31 - 1 - 3 , APPROXIMATELY 90 ACRES . CORNELL UNIVERSITY , OWNER , Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 45 p . m . Mr . John Majeroni , Manager , Cornell University Real Estate Department , was present . The Board members each had before him/ her the following material : Planning Board 6 August 21 , 1984 . 1 . Letter to Peter M . Lovi , dated August 10 , 1984 , from Francis R . Wiley , Operations Manager , Cornell University , Real Estate Department - " . . . I respectfully submit the following for the proposed subdivision of property owned by Cornell University at Coy Glen Road and Floral Avenue . 1 . Environmental Assessment Form 2 . Revegetation Plan for Natural Barrier 3 . Deed Restrictions As you requested , I have provided 10 copies of each item . I have also attached a check for the $ 25 subdivision fee and one copy of an enlarged U . S . G . S . topographic map and survey of the property to be sold . As I understand it , the University ' s request for subdivision will be discussed at the Town Planning Board meeting on Tuesday , August 21 , 1984 . Please advise this office if you need anything further in preparation for that meeting . Thank you for your assistance . " 2 . Completed Town of Ithaca Environmental Assessment Form ( Long Form ) dated August 7 , 1984 , signed by Robert M . Matyas , Vice President , Cornell University . 3 . " Proposed revegation plan for establishment of a barrier zone at Coy Glen " [ five pages ] , prepared by Richmond / Richards , dated July 1984 . 4 . " Cornell University to Thomas Richard and Clare Hinrichs - - PROPOSED DEED RESTRICTIONS " [ four pages ] . 5 . " PART II ASSESSMENT AND REVIEWER ' S RECOMMENDATION , dated August 17 , 1984 , signed by . Peter M . Lovi , Town Planner [ two pages ] . 6 . Proposed Resolution for Planning Board consideration , Cornell University Subdivision , prepared by Peter M . Lovi , Town Planner . Mr . Majeroni appended two large maps to the bulletin board entitled , ( 1 ) " Survey for Cornell University , Town of Ithaca , County of Tompkins , State of New York , Portion of Tax Map No . 31 - 1 - 3 " , signed and sealed by George Schlecht , P . E . , P . L . S . , dated August 6 , 1984 , and ( 2 ) " Coy Glen Subdivision Requested by Cornell University " [ undated ] - - yellow square = 45 acres to be sold ; green square = 45 acres to be retained . Mr . Majeroni stated that the entire parcel contains about 90 acres of which about half is not necessary for Cornell research and is to be sold ; the remaining half is the Unique Area - - Coy Glen . Mr . Majeroni commented that a while back the 45 acres was put up for sale and was almost purchased by Connie Cook . Mr . Majeroni spoke of an old mine area and , utilizing the large green and yellow marked drawing , indicated that Cornell is keeping the green area and selling the yellow area . Mr . Majeroni described the several deed restrictions , noting in particular the restrictions as to access . It was noted that the Board members each had a copy of the referenced deed restrictions . Mr . Majeroni stated that Cornell Plantations is very concerned about 0 keeping the naturalness of the Glen . Mr . Majeroni went over each of the eight deed restrictions individually , noting as he Planning Board 7 August 21 , 1984 began that the proposed new owners are involved in research and adding that Cornell University must approve the vegetation . Commenting on restriction # 3 , Mr . Majeroni pointed out that no more removal of gravel or mining will be permitted . With respect to # 4 , Mr . Majeroni noted the requirement for protective plantings placement to keep the naturalness and to keep people from wandering . Referring to deed restriction # 5 , Mr . Majeroni commented that there is a stream that runs parallel to Coy Glen Road and if the new owner receives the appropriate approvals , that stream will be put back to its original course . Mr . Majeroni noted both # 6 and # 7 which refer to rights of way off Route 13A and across an existing roadway . Mr . Majeroni pointed out that there will be no public access , however University students and faculty will be permitted to walk back into the Glen , adding that there have been arrangements made with the Cemetery to park in their parking lot . Mrs . Langhans wondered why the University did not just keep that piece which is restricted by # 6 and # 7 rather than having all the rights of way to contend with . Mr . Majeroni stated that the University just does not need it . It was noted again that the " green area " , which Cornell is retaining , is the designated Unique Natural Area , Mr . Majeroni commented that the fellow that is buying the 45 acres , the University feels , is giving the property a good shake , adding that the deed restrictions are very severe and he is willing to go along with them . Mr . Majeroni stated that he would be happy to answer any questions . Mr . Lovi stated that he had no questions , but would very much like to say that he thought this proposal to be a model presentation insofar as documentation , clarity , and so forth . Chairman May agreed and asked if there were anyone present who wished to speak to the proposed two - lot subdivision . No one spoke . Chairman May asked that the Board turn to the matter of environmental review , pointing out that a Long Form EAF had been completed . Chairman May asked if the Board members had any questions . There were no questions . Chairman May read aloud the Part II Assessment and Reviewer ' s Recommendations , as follows : " PART II ASSESSMENT : 1 . There will be no adverse effects as a result of physical changes to the project site . The revegetation plan will actively contribute to the stabilization of slopes in the area of the subdivision closest to the Glen . 2 . There will be no adverse effect to any unique or unusual land forms found on the site . The revegetation plan calls for the supplementing of existing plants with native species . 3 . The project will not affect any waterbody designated as protected . . 4 . The project will not affect any non-protected body of water . 5 . The project will have no effect on surface or groundwater quality . Planning Board 8 August 21 , 1984 6 . There will be a minor change in surface drainage flow in that a stream which presently empties into the Glen will be rerouted back to its original course , so that it runs southeasterly and into a stream which runs parallel to Coy Glen Road . 7 . This project will have no effect on air quality . 8 , 9 . This project will not adversely affect any species of plant or animal . The intent of the revegetation plan is to use species native to the Southern Tier region , however , non - native species already in the revegetation zone will be allowed to continue their secondary succession . 10 . This project will not adversely affect views , vistas , or the visual character of the neighborhood or community . The establishment of a protective buffer zone around the Coy Glen Unique Natural Area will further the long- term preservation of this important resource . 11 . This project will not impact any site or structure of historic , pre - historic , or paleontological importance . 12 . This project will improve the quality of an existing open space resource . Revegetation with an attention to regionally authentic species will contribute to the restoration and preservation of Coy Glen for future generations . . 13 . There will be no effect to existing transportation systems . 14 . The project will have no effect on the community ' s sources of fuel or energy supply . 15 . There will be no objectionable odors , noises , glare , vibration or electrical disturbances as a result of this project . As extractive activities are expressly forbidden by the agreements of sale , the tranquility of Coy Glen will be preserved for the forseeable future . 16 . The project will have no adverse effect on public health and safety . 17 . The project will have no adverse effect on the character of the existing community . 18 . To this point , there has been no public controversy concerning the project . RECOMMENDATION . This minor subdivision is adjacent to the Coy Glen Unique Natural Area . As the attached covenants describe , Cornell University is proposing to subdivide and transfer the land subject to quite particular conditions and restrictions . Given these conditions and the mitigative measures described in the revegetation plan , I do not believe this subdivision will present • any significant impacts . I recommend a negative declaration of environ . mental significance . " Planning Board 9 August 21 , 1984 Chairman May stated , for the record , that all neighbors were notified of the Public Hearing and there was no public controversy or comments made for or against from the public . MOTION by Mr . Montgomery May , seconded by Mrs . Virginia Langhans : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the environmental review of the proposed 2 - lot subdivision development at Coy Glen Road and Floral Avenue approve and hereby does approve the Environmental Assessment Long Form as completed by Cornell University on August 7 , 1984 , signed by Robert M . Matyas , Vice President , and FURTHER RESOLVED , that , pursuant to Town of Ithaca Local Law # 3 - 1980 , this action is classified as Type I , and FURTHER RESOLVED , that the Town of Ithaca Planning Board has determined from the Environmental Assessment Form , the statement of covenants , the revegetation plan and all other pertinent information that the above -mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Mazza , Schultz . Nay - None . The MOTION was declared to be carried unanimously . Y Chairman May asked if there were any questions or matters for discussion . There were none . MOTION by Mrs . Virginia Langhans , seconded by Mrs . Barbara Schultz : RESOLVED that , concerning the proposal of Cornell University to sub- divide approximately 90 acres at the intersection of Coy Glen Road and Floral Avenue , being a portion of Town of Ithaca Tax Parcel No . 6 - 31 - 1 - 3 , the Planning Board make and hereby does make the following determinations , and approvals : 1 . The developer has completed an Environmental Assessment Long Form , as required by Local Law # 3 - 1980 . The Planning Board has reviewed this form , determined the proposal to be a Type I action , and made a negative declaration of environmental significance at Public Hearing on August 21 , 1984 . 2 . The developer has presented a survey showing a preliminary subdivision plan in a form acceptable to the Town Planner showing the location of lot lines , and other structures of interest to the Planning Board . This plan has been reviewed at a properly posted and published Public Hearing on August 21 , 1984 . • 3 . No further subdivision of any portion of these lands will be permitted without further environmental and subdivision review . Any proposed Planning Board 10 August 21 , 1984 • future subdivision or development of these lands is presumed to be a Type I action , for which an Environmental Assessment Long Form shall be completed . 4 . The Planning Board grant and hereby does grant preliminary subdivision approval to the subdivision plan as presented August 21 , 1984 . IT IS FURTHER RESOLVED , that the Planning Board waive and hereby does waive final subdivision approval for this project contingent upon the preparation of a final subdivision plan in a form acceptable to the Town Engineer which shall include all notices and provisions required by this resolution . There being no further discussion , the Chair called for a vote . Aye - May , Klein , Langhans , Mazza , Schultz . Nay - None . The MOTION was declared to be carried unanimously . Mr . Majeroni thanked the Board for its time and consideration . Chairman May declared the Public Hearing in and the matter of the Cornell University two - lot subdivision at Coy Glen Road and Floral Avenue duly closed . ADJOURNMENT Upon Motion , Chairman May declared the August 21 , 1984 meeting of the Town of Ithaca Planning Board duly adjourned at 9 : 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .