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HomeMy WebLinkAboutPB Minutes 1988-11-01 FILED TOWN OF ITHACA Date 7� 1- • TOWN OF ITHACA PLANNING BOARD Cler NOVEMBER 1 , 1988 The Town of Ithaca Planning Board met in regular session on Tuesday , November 1 , 1988 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , James Baker , Carolyn Grigorov , Virginia Langhans , Robert Miller , David Klein , Robert Kenerson , William Lesser , Robert R . Flumerfelt ( Town Engineer ) , John C . Barney ( Town Attorney ) , Susan C . Beeners ( Town Planner ) , George R . Frantz ( Assistant Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) . ALSO PRESENT : Larry Fabbroni , M . Zaitlin , Kazuko Smith , Holly • Beermann , Andrew Novakovic , Robert Constable , Myrtle and John Whitcomb , Ron Simpson , Franklin Butler , Michael J . Morusty , Fred T . Wilcox III , W . J . Gerber , 1 D . J . Gregg Sr . , R . D . Kinner , R . Cotts , J . W . Thompson , Stephen P . Heller , Esq . Chairman May declared the meeting duly opened at 7 : 30 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and • Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on October 25 , 1988 , and October 27 , 1988 , respectively , together with the Clerk ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , as appropriate , upon both the Clerk and the Acting Building Commissioner of the City of Ithaca , upon the Manager of the Finger Lakes Region of the NYS Office of Parks , Recreation , & Historic Preservation , upon the Tompkins County Administrator , upon the Tompkins County Commissioner of Planning , and upon the applicants and / or agents , as appropriate , on October 25 , 1988 . Chairman May read the Fire Exit Regulations to those assembled , as required by the New York State Department of State , Office of Fire Prevention and Control . APPROVAL OF MINUTES - April 5 , 1988 MOTION by Robert Kenerson , seconded by Carolyn Grigorov : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of April 5 , 1988 , be and hereby are approved with the following correction : 1 . That , on Page 26 , end of paragraph 2 , the following should be inserted : Mr . Hallberg stated that he had no intention of opening a doorway from the basement to the exterior . • There being no further discussion , the Chair called for a vote . Planning Board - 2 - November 1 , 1988 • Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES - September 6 , 1988 MOTION by James Baker , seconded by Virginia Langhans : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of September 6 , 1988 , be and hereby are approved with the following correction : 1 . That , on Page 8 , end of paragraph 4 , the following should be inserted : The developer , Mr . Novarr , said that he would maintain drainage properly so that the appropriate conditions would continue to maintain the rare plants in the northwest section There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . • The MOTION was declared to be carried unanimously . PUBLIC HEARING : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 53 - 1 - 14 , LOCATED AT 341 CODDINGTON ROAD , INTO TWO LOTS OF APPROXIMATELY 2 . 46 AND 1 . 34 ACRES RESPECTIVELY . LILLIAN RAPONI , OWNER ; LAWRENCE P . FABBRONI , P . E . , L . S . , AGENT , Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 36 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Lawrence Fabbroni appeared before the Board and appended drawings to the bulletin board . Mr . Fabbroni stated that the location of the parcel is approximately 450 feet north of where Northview Road intersects with Coddington Road , adding that the parcel Mrs . Raponi wishes to subdivide is a portion of land that she owns on the east side of Coddington Road . Mr . Fabbroni said that Mrs . Raponi would like to divide the parcel into two lots , and commented that she has no current plans to subdivide a third lot , although it was mentioned that there was a possibility that a brother of Miss Mary Raponi may move back to the area . Mr . Fabbroni offered that Mrs . Lillian Raponi is actually the owner of the land , and has owned the property since 1920 . • Continuing , Mr . Fabbroni stated that in the course of doing the boundary survey a great deal of topographic information had been gathered , commenting , even though it is a large two - lot subdivision Planning Board - 3 - November 1 , 1988 • the map shows five - foot contours as they exist in the field . Mr . Fabbroni noted that the lots are roughly 2 - 1 / 2 acres and 1 - 1 / 2 acres in size , and they front on Coddington Road , Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Ron Simpson of 112 Pine View Terrace spoke from the floor and stated that he was interested in preserving the character of the neighborhood . Mr . Simpson remarked that he felt the site was environmentally sensitive . Mr . Simpson stated that the neighborhood held a meeting with about 12 people in attendance . Mr . Simpson commented that the neighborhood was not against development , but they want to make sure that the development that does occur is appropriate to the circumstances that exist in the neighborhood . At this time , Mr . Simpson read from a prepared statement . [ Statement attached hereto as Exhibit 1 . 1 Robert Cotts of 115 Northview Road spoke from the floor and wondered about the alternatives for the building siting , and wondered if the Town was satisfied with what Mr . Fabbroni presented , with George Frantz , Assistant Town Planner , responding , yes . Mr . Cotts expressed a concern about the removal of trees and flowers , commenting that the neighborhood residents would be glad to point • out where some wildflower sites contain trilliun , which is a protected plant species . Robert Constable of 343 Coddington Road appeared before the Board and stated that he was concerned with the character of the neighborhood , and also with the amount of traffic . Mr . Constable mentioned an exposed sewer pipe . Mr . Constable commented that , when one views the land it is much more difficult to police the trash and litter from student parties out of the deep woods , than it is to police the roadside . Mr . Fabbroni noted that the sewer line is about five feet below the bed of the creek . Mr . Fabbroni stated , for the record , that a couple of points need to be made . 1 . Mr . Fabbroni stated that he was not acting as a City Engineer tonight , commenting that he was not the City Engineer . Mr . Fabbroni said that in his normal daily life he is the Assistant Superintendent of Public Works , in charge of construction maintenance , for the City of Ithaca , adding , this project does not in. any way involve the scope or review of projects or any other thing with the City , commenting that he felt quite comfortable doing this as a hobby . • 2 . Mr . Fabbroni stated that his client is Mrs . Lillian Raponi and she has owned the land for 68 years , adding Planning Board - 4 - November 1 , 1988 • that Mrs . Rapponi is the one subdividing the land . Mr . Fabbroni said that there has been a lot of mention made of developers and such , adding , as far as he knew there was one dwelling going on this new lot . Mr . Fabbroni stated that the sewer would be astronomically expensive to bore under Coddington Road , Mr . Fabbroni offered that the Raponi family , basically , are as concerned about the quality . of life as anybody , adding , the Raponis felt a little bit imposed upon 16 - 20 years ago when Pineview Terrace was built right in their backyard „ There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public: Hearing at 8 : 06 p . m . and brought the matter back to the Board for discussion . Chairman May stated that it seemed a lot of people were concerned about buildings , commenting , the Board is not looking at buildings , they are looking at a minor subdivision of a large lot into two large lots . William Lesser commented that the rear part of the lot is extremely steep , and felt that it was not developable or feasible to build a road there . David Klein wondered how protected trillium was , with Ms . Beeners answering , it is on the State ' s Protected Plant List , however , does not prohibit the landowner from disrupting it . There appearing to be no further discussion or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . MOTION by Mr . Robert Kenerson , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 14 , located at 341 Coddington Road , into two lots of approximately 2 . 46 and 1 . 34 acres , respectively . 2 . This is an Unlisted action for which the Town of Ithaca Planning Board has been legislatively determined to act as Lead Agency for environmental review of the proposed subdivision . 3 . The Assistant Town Planner has recommended a negative determination of environmental significance for this action . THEREFORE , IT IS RESOLVED : • That the Town of Ithaca Planning Board , acting as Lead Agency for review of the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 14 , make and hereby does make a negative determination of Planning Board - 5 - November 1 , 1988 environmental significance . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Carolyn Grigorov , seconded by Mr_ . James Baker : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 14 , located at 341 Coddington Road , into two lots of • approximately 2 . 46 and 1 . 34 acres , respectively . 2 . This is an Unlisted action for which the Town of Ithaca Planning Board , acting as Lead Agency for environmental review of the proposed subdivision , has , on November 1 , 1988 , made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on November 1 , 1988 , has reviewed the Short Environmental Assessment Form and other application submissions for this action . THEREFORE , IT IS RESOLVED : 1 . That the Town of Ithaca Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board . 2 . That the Planning Board grant and hereby does grant Preliminary and Final Subdivision Approval to the subdivision of Town of Ithaca Tax Parcel No . 6 - 53 - 1 - 14 , as proposed , and as shown on Map dated October 17 , 1988 , entitled " Subdivision Plat , 341 Coddington Road " , R . O . Estate of Gennaro Raponi , Signed and Sealed by Lawrence P . Fabbroni , NYSPE 51734 , NYSLS 49682 . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Preliminary and Final Subdivision Approvals for the Raponi Two -Lot Subdivision duly closed Planning Board - 6 - November 1 , 1988 • at 8 : 09 p . m . PUBLIC HEARING : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 25 - 2 - 321 LOCATED AT 845 - 847 TAUGHANNOCK BLVD , AND CONTAINING TWO RESIDENTIAL STRUCTURES , INTO TWO LOTS OF 0 . 37 AND 0 . 17 ACRES RESPECTIVELY . JOHN E . RANCICH , OWNER , MICHAEL J . MORUSTY , APPLICANT . Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Morusty addressed the Board and appended a map to the bulletin board . Mr . Morusty stated that in the interest of the community and to make the neighbors a little more comfortable with the situation that has been going on concerning the above request , his proposal is to sell [ indicating on map ] " this " and reduce the amount of families to a two - family occupancy from a three - family occupancy . Mr . Morusty said that ample space for parking has been provided „ Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . . William Gerber of 841 Taughannock Blvd . spoke from the floor and expressed a concern about having a whole bunch of unrelated persons living in the house . Mr . Gerber mentioned the noise factor of previous tenants . Susan Beeners , Town Planner noted that the whole occupancy issue here is something that the Zoning Board of Appeals is looking at presently . Mr . Morusty stated that he has gone to great lengths in proposing building plans , and added that he has evicted all of the rowdy student tenants . Mr . Morusty remarked that he was planning on moving into the larger house . Mr . Morusty noted that his previous property manager , Mr . Gardner , rented the houses to students , and they were a bit rowdy . Mr . Morusty said that with the subdivision of the property , the four units would no longer be on one parcel of land . Chairman May wondered if Mr . Morusty was selling the smaller parcel , with Mr . Morusty answering , yes . Virginia Langhans noted that in 1978 there were two units in the houses . Ms . Langhans wondered who made them into three and four units . Mr . Morusty said that 845 Taughannock Blvd . has been a three - unit apartment for the the last 20 years . Mr . Morusty stated that he was not sure about 847 Taughannock Blvd . as he has only owned it for the last five years . David Klein wondered if Mr . Morusty planned on making significant alterations to the buildings to actually turn them back • into two - family , with Mr . Morusty responding , yes . Mr . Morusty offered that the property is under Land Contract by Planning Board - 7 - November 1 , 1988 • him from John E . Rancich . There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public; Hearing at 8 : 29 pm . and brought the matter back to the Board for diScussion . William Lesser stated that he did not see any justification for approving the subdivision , because it seemed to him that the Board is approving a subdivision that is inconsistent with the Zoning plan , adding that he felt the only justification was that Mr . Morusty was going from three to two - family occupancy , commenting , that is required anyway . Mr . Lesser commented that he was extremely hesitant to approve anything that is such a variance from the zoning standards . Attorney Barney stated that , if the buildings were accepted as likely to stay there , then the building should be as close in compliance through the appropriate agencies as possible . Ms . Beeners said that the subdivision would not become effective until the ZBA grants certain variances , noting that some of the variances happen to relate to the lot size of parcel No . 2 , which is 7405 ± square feet . Ms . Beeners referred to Article XIII , Section 67 of the Zoning Ordinance , which states that : " Reduction of Lot Area . Whenever a lot upon which stands a building is changed in size or shape so that the area and yard requirements of this ordinance are • no longer complied with , such building shall not thereafter be used until . it is altered , reconstructed or relocated so as to comply with these requirements . The provisions of this Section shall not apply when a portion of a lot is taken for a public purpose . " Mr . Morusty stated that he is asking for a subdivision so that he could sell one of the houses . David Klein wondered if the lots would be consistent with the other lots on that part of Taughannock Blvd . Ms . Beeners responded that the proposed subdivision would be fairly consistent with the pattern along Taughannock Blvd . , adding , the original zoning was R- 9 . Chairman May wondered if he were correct in his understanding that both staff and the Town Attorney felt this was the best way to handle this particular situation . Ms . Beeners offered that the subdivision has to be considered by the Town as a possible alternative to the two principal dwellings on one lot . Attorney • Barney noted that the property in question has a checkered history , part of which is with the Zoning Enforcement Officer at the time , commenting , it has created a little bit of a monstrosity , and the Town is attempting to carve away at the areas where it is really far in excess of what the Zoning Ordinance permits . David Klein stated that he felt , intuitively , that it would be better to subdivide , and have it under separate control . • There appearing to be no further discussion or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . Planning Board - 8 - November 1 , 1988 • MOTION by Dr . William Lesser , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 , located at 845 - 847 Taughannock Blvd . and containing two residential structures , into two lots of 0 . 37 and 0 . 17 acres , respectively . 2 . This is an Unlisted action for which the Planning Board has been legislatively determined to act as Lead Agency for environmental review of the proposed subdivision . The Zoning Board of Appeals has been legislatively determined to act as Lead Agency for environmental review of the requested variances . 3 . The Town Planner has recommended a negative determination of environmental significance , subject to certain mitigation measures . THEREFORE , I `P IS RESOLVED : That the Planning Board , acting as Lead Agency in the • environmental review of this Unlisted action , make and hereby does make a negative determination of environmental significance for the proposed subdivision . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . David Klein , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 25 - 2 - 32 , located at 845 - 847 Taughannock Blvd . and containing two residential structures , into two lots of 0 . 37 and 0 . 17 • acres , respectively . 2 . This is an Unlisted action for which the Planning Board , acting as Lead Agency for environmental review of the proposed subdivision , has , on November 1 , 1988 , made a negative determination of environmental significance . • 3 . The Planning Board , at Public Hearing on November 1 , 1988 , has reviewed the Short Environmental Assessment Form , Property Planning Board - 9 - November 1 , 1988 • Survey dated October 61 1988 , and other application submissions . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board . 2 . That the Planning Board grant and hereby does grant Preliminary and Final Subdivision Approval to the subdivision as herein proposed , with the following conditions : a . The reduction and restriction of the number of dwelling units as proposed , including removal of third meter and third kitchen in each building by August 1 , 1989 . b . The granting of variances by the Zoning Board of Appeals with respect to Article XIII , Section 67 , and Article IV , Section 16 . c . The provision of adequate screening or containment for • garbage cans in a location convenient for the four dwelling units involved , and improvement of the existing blacktop drive to include repair of the westernmost retaining wall . d . The connection to the Town public sewer main by December 1 , 1989 . e . The amendment of the property survey to show all side , front , and rear yard setbacks to the main building or deck , whichever is closer , such amended property survey to be approved by the Town Engineer prior to the recording of the final subdivision plat in the Tompkins County Clerk ' s Office . f . The approval of access easement and leach field easement if necessary by the Town Attorney prior to the recording of the final subdivision plat in the Tompkins County Clerk ' s Office , such agreements to be in a form acceptable to the Town Attorney for recording in the Tompkins County Clerk ' s Office . g . The receipt of a letter requesting the subdivision from the holder of legal title to the property . h . At least one unit in each of the properties must be , for • at least three years out of every five , occupied by the owner of the premises . Planning Board - 10 - November 1 , 1988 • There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller ., Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Preliminary and Final Subdivision Approvals of the Rancich / Morusty Two-Lot Subdivision duly closed at 9 : 00 p . m . PUBLIC HEARIPdG : CONSIDERATION OF SITE PLAN APPROVAL AND A REPORT TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A TEMPORARY CLASSROOM LOCATED AT THE WALDORF SCHOOL OF THE FINGER LAKES , 855 FIVE MILE DRIVE , TOWN OF ITHACA TAX PARCEL NO , 6 - 31 - 2 - 15 . RICHARD D . KINNER , TRUSTEE / AGENT , Chairman May declared the Public Hearing in the above - noted matter duly opened at 9 : 01 p . m . . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Richard D . Kinner addressed the Board and stated that he was before the Board to seek approval for the siting of a mobile classroom structure ( trailer ) to be used as a temporary ( 2 years ) • classroom space until a permanent addition can be built . Mr . Kinner offered that the trailer , at the present time , is placed next to the school , and there is one classroom in the trailer . At this time , Mr . Kinner referred to a letter addressed to Fred Grout of the DOT , from Richard D . Kinner of The Waldorf School of the Finger Lakes , and dated October 4 , 1988 . [ Letter attached hereto as Exhibit 2 . 1 Mr . Kinner also referred to a letter addressed to F . Hoffman , from F . Grout of the DOT , and dated October 19 , 1988 . [ Letter attached hereto as Exhibit 3 . 1 Chairman. May noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairman May closed the Public Hearing at 9 : 10 p . m . and brought the matter back to the Board for discussion . Virginia Langhans wondered if the trailer was hooked up to the sewer , with Mr . Kinner answering , no , it would have been very expensive for a temporary building , and secondly , because of the location of the septic system it did not seem practical . Mr . Kinner said that it was a 20 - foot walk to use the facilities in the school building . Mr . Kinner offered that the ages of the children in the trailer are eight and nine years old . Mr . Kinner stated that there is fire rated sheetrock throughout the walls and ceiling of the trailer , adding , the floor was removed completely and re - insulated . Mr . Kinner noted that the trailer was heated by electric heat . • Attorney Barney wondered if there were any State Education Department requirements that have to be met for occupancy of the Planning Board - 11 - November 1 , 1988 • trailer . Mr . Kinner responded that he did not know about the occupancy requirements , but that the Building Code requirements had to be met . Mr . Kinner offered that the trailer is not sprinklered . There appearing to be no further discussion , or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . MOTION by Dr . William Lesser , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This action is the Consideration of a Report to the Zoning Board of Appeals with respect to a Request for Special Approval , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for a temporary classroom located at The Waldorf School of the Finger Lakes , 855 Five Mile Drive , Town of Ithaca Tax Parcel No . 6 - 31 - 2 - 15 , 2 . This is an Unlisted action for which the Town of Ithaca Zoning Board of Appeals has been legislatively determined to act as Lead Agency for environmental review of this request for special approval . The Town of Ithaca Planning Board , the Tompkins County Planning Department , and the New York State • Department of Transportation are involved agencies in coordinated review . 3 . The Planning Board , at Public Hearing on November 1 , 1988 , has reviewed the proposed site plan , environmental assessment form and review , and other submissions related to this proposal . 4 . The Town Planning Department has recommended that a negative determination of environmental significance be made for this action . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action . • 2 . That the: Planning Board , in making recommendation to the Zoning Board of Appeals , determine and hereby does determine the following : a . there is a need for the proposed use in the proposed location ; be the existing and probable future character of the neighborhood will not be adversely affected , and • ce the proposed change is in accordance with a comprehensive plan of development of the Town . Planning Board - 12 - November 1 , 1988 • 3 . That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for Special Approval for the temporary classroom be approved , subject to the following conditions . a . That use of the temporary classroom cease prior to July 1 , 1991 , and , that the temporary classroom be removed from the site prior to July 1 , 1991 . b . The granting by the New York State Department of Transportion of an easement , or other form of use permission , for that portion of the Route 13A / Five Mile Drive right of way occupied by the temporary classroom . c . That the premises be constructed in full compliance with all. applicable building code , fire prevention code , and sprinkler law requirements . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of a Report to the Zoning Board of Appeals regarding The Waldorf School of the Finger Lakes duly closed at 9 : 15 p . m . PUBLIC HEARING : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF A 16 , 795 ± SQUARE FOOT LOT FROM TOWN OF ITHACA TAX PARCEL NO , 6 - 49 - 1 - 2 . 2 , 0 . 93 ACRES TOTAL , LOCATED AT 612 CODDINGTON ROAD WITH FRONTAGE ON TROY ROAD . DONALD AND HELEN GREGG , OWNERS / APPLICANTS . Chairman May declared the Public Hearing in the above - noted matter duly opened at 9 : 16 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Stephen Heller approached the Board and stated that he was representing Donald and Helen Gregg . Attorney Heller stated that the parcel in question is straddled by both Coddington and Troy Roads , adding , there was an application submitted to the ZBA in 1977 , which was granted . Attorney Heller said that the parcel that is going to be conveyed is , basically , the back portion of said lot which borders Troy Road . Attorney Heller stated that the request is for a one - family dwelling to be sited on the lot , commenting that the R - 15 zoning requirements would be met . • Attorney Heller noted that the dwelling would be hooked up to the water and sewer of 612 the Coddington Road parcel , so there would not be any burden on the Town at all in providing service , as Planning Board - 13 - November 1 , 1988 • it will go directly through the neighboring parcel . Chairman May noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairman May closed the Public Hearing at 9 : 21 p . m . and brought the matter back to the Board for discussion . There appearing to be no further discussion , Chairman May asked if anyone were prepared to make a motion . MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of a 16 , 795 ± square foot lot from Town of Ithaca Tax Parcel No . 6 - 49 - 1 - 2 . 2 , 0 . 93 acres total , located at 612 Coddington Road with frontage on Troy Road . 2 . This is a Type II action which requires no further environmental review . 3 . The Planning Board , at Public Hearing on November 1 , 1988 , has reviewed the following material : " Survey Map , No . 612 Coddington road , Showing Parcel to be Conveyed " , dated June 2 , 1970 , amended September 22 , 1977 , and amended July 5 , 1988 , by Thomas G . Miller , Engineer and Surveyor . Excerpt from the September 19 , 1977 , Zoning Board of Appeals Meeting with respect to an Appeal by the present owner / applicant for variance from certain yard requirements . 4 . On September 19 , 1977 , the Zoning Board of Appeals granted a variance , with certain conditions , from the requirements of the Town of Ithaca Zoning Ordinance to allow for Town of Ithaca Tax Parcel No . 6 - 49 - 1 - 2 to be subdivided substantially as shown on the present Survey Map , THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board . 2 . That the Planning Board grant and hereby does grant Preliminary • and Final Subdivision Approval to the subdivision as herein proposed , subject to the following conditions . Planning Board - 14 - November 1 , 1988 • a . Amendment of the Survey Map / Subdivision Plat to note the obsolescence of notes pertaining to " Lots 3 and 4 " and the triangular " Parcel to be Conveyed " , such amended Survey Map / Subdivision Plat to be approved by the Town Engineer and the Town Attorney prior to its recording in the office of the Tompkins County Clerk . b . Amendment of the Survey Map / Subdivision Plat to show location of proposed easements for water and sewer lines across the premises at 612 Coddington Road . c . Compliance with all pertinent requirements of the September 19 , 1977 , Zoning Board of Appeals grant of variance . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of Consideration of Preliminary and Final Subdivision Approvals for the Donald and Helen • Gregg Two - Lot: Subdivision duly closed at 9 : 26 p . m . AGENDA ITEM : DISCUSSION OF AND RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO THE EXPIRATION , ON DECEMBER 31 , 1988 , OF THE SEVEN - YEAR TERMS OF PLANNING BOARD MEMBERS VIRGINIA LANGHANS AND DAVID KLEIN . Chairman. May opened discussion on the above -noted matter at 9 : 27 p . m . Chairman. May announced that he had spoken to both of the above Planning Board members , and they expressed an interest in remaining on the Board . At this point , Chairman May opened the floor to further nominations . There were none . MOTION by Mr . Montgomery May , seconded by Mr . Robert Kenerson : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the reappointments of Virginia Langhans and David Klein as members of the Town of Ithaca Planning Board , each for seven year terms commencing January 1 , 1989 , expiring December 31 , 1995 . At this time , Virginia Langhans stated that she would be • leaving on sabbatical for six months , but noted that she was not sure if it was going to be July 1989 or July 1990 . Planning Board - 15 - November 1 , 1988 is There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Kenerson , Lesser , Miller . Nay - None . Abstain - Langhans , Klein . The MOTION was declared to be carried . AGENDA ITEM : REVIEW OF TOWN OF ITHACA LOCAL LAW NO . 5 - 1988 , PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN OF ITHACA ( TOWN SEQR LAW ) . Chairman. May opened discussion on the above -noted matter at 9 : 36 p . m . Town Planner , Susan Beeners , referred to the OVERVIEW OF SUBSTANTIAL CHANGES TO THE STATE SEQR REGULATIONS , prepared by Barney , Grossman , Roth & Dubow , dated June 30 , 1987 , a copy of which is attached as Exhibit 4 . Ms . Beeners also referred to the REVISED PROPOSED SEQR REGULATIONS FOR THE TOWN OF ITHACA , prepared by Barney , Grossman , Roth & Dubow , dated February 24 , 1988 , a copy of which is attached as Exhibit 5 . Ms . Beeners stated that a lot of the changes are clarifications and processing types of changes in both the State law and also the Local law . Ms . Beeners said that some of the highlights that • affected staff included that in State law and also in the Town law there are no conditional negative declarations that one can give for unlisted actions , adding , they can only be for Type I Actions and they have to be published in the Environmental Notice Bulletin . Continuing , Ms . Beeners commented that , at the present time , a fairly standard practice is to try and get the applicant to agree to the mitigation measures so that a conditional negative declaration does not have to be issued , because it does put a delay into the timeframe . Ms . Beeners noted that a new form was issued by the State in June 1987 , which the Town has been using . ADJOURNMENT Upon Motion , Chairman May declared the November 1 , 1988 , meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 15 p . m . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . • • CORRECTLON As stated. . in the Public Hearing , the environmental assessment for the subdivision of the Raponi parcel was prepared by George Frantz , Asst . Town Planner , not Larry Fabbroni as paragraph # 4 of Exhibit l states . J T n • 4 � ! 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L`a . _. .._ 1 :.. { ; ::» 111 •W . 3_. !" e �., •_. 7. o ?_! r` i"i i^) u w` '}-: t-i ;•`:i } t r; som tT000 ' -04 :.: ;-} rl +,- h1 .1 L'? :'o,o ' r'" a !+'; I I .roo_. _ w, .'. h1 r— "1. r' !! ; j_. 3 ,yr = . ,' r'i C I C! 7. .. (: r' c, j:. . . Y r, : '1 %. I t� 1 Ca !_? _ n bti t...I ,I .y. -r.: i I �' rr-�• ' ' 1'� i �»? "� " C ;»'Y. d_ e Son ! ! r- ?.+ i '! i r _ - CCIi"! c32 !: t ", r ;?.? r . t :r - 4 " f� -4 e n o • Exhibit 1 9he, 'Waldorf School of the Finger Lakes µ- i — r ' r• � • � �Jt l r i �' : ' o. 'J'� ' October 4 1988 Mr . Fred Grout New York State Dept . of Transportation 3rd Street extension Ithaca , New York 14850 Dear Mr . Grout , The Waldorf School of the Finger Lakes has sited a temporary mobile classroom structure on our property at 855 Five Mile Drive in Ithaca . We seek the • approval of your Department for this temporary ( anticipated 2 years ) siting with respect to the State right - of - way which borders the school property at the site of the structure . Thank you for your consideration of the above matter and I look for- ward to your reply . ' ly Yours , Kinner RDK/ kml EXHIBIT 2 855 give ; 'file give, Ithaca, rk& w Fork. 14850 (607) 273 . 4083 dd ' T 1 • MEMORANDUM DEPARTMENT OF TRANSPORTATION TO : F . Hoffman , Regional Real Estate Group , Region 3 FROM : F . Grout , Tompkins County Residency , Region 3 SUBJECT : . USE & OCCUPANCY PERMIT 1 THE WALDORF SCHOOL OF THE FINGER LAKES ROUTE 13A DATE : October 19 , 1988. . Attached is a letter from The Waldorf School Of The Finger Lakes seeking approval to a temporary encroachment of a class room trailer on the right - of - way of Route 13A . Also attached is a partial print of a plan sheet upon which I have marked the approximate location of the trailer . It a .ppears to be totally on the R . O . W . This trailer siting will have absolutely no effect upon the maintenance and operation of the highway system a -nd we recommend a Use and Occupancy Permit be issued . FG : ms Attachments cc : C . Ames , Regional Highway Maintenance Group , Region 3 • EXHIBIT 3 • Prepared for : Town of Ithaca Officers . ZBA Members , Planning Board Members and Staff By : Barney , Grossman , Roth & Dubow Dated : June 30 , 1987 OVERVIEW OF SUBSTANTIAL CHANGES TO SEQR REGULATIONS On March 61 19871r the . Department of Environmental Conservation adopted amendments to the existing State Environmental Quality Review ( SEQR ) regulations . These new regulations a.pply � to all actions for which a determination of significance had not been made by June 1 , 1987 . The amendments made many changes to the wording of the regulations . Most of the changes simply clarify existing Procedure and should not cause a change in our existing methods of operation . This memo is meant to address only those areas in which a change: may by required and therefore , it does not discuss every amendment made to the regulations . However , all amendments should be reviewed to make sure of compliance . All references are to section. numbers in volume 6 of the N . Y . C . R . R . • I . DEFINITIONS . 617 . 2 A . The term "Action " now specifically includes the adoption of procedures , including local laws , codes , ordinances , and resolution that may affect the environment . 617 . 2 ( 3 ) Be Included in " Exempt " actions are those of civil enforcement proceedings . 617 . 2 ( q ) . C . The definition of "physical alteration " has been broadened to include discharges to air or water , application of pesticides , herbicides or other chemicals , application of sewage , sludge , dewatering , and extraction , , injection or recharge of resources below ground . 617 . 2 ( bb ) . D . The definition of a Type I action has been considerably broadened by including those actions listed as T ype adopted by any involved agency not any list just the list Iofn the lead agency . 617 . 2 II . CHANGES IN GENERAL RULES 617 . 3 A . The amendments add a provision that no physical alteration related to an action shall be commenced by a project sponsor until the provisions of SEQR have been complied with . 617 o ( a ) . Read literally , thi some ectss would substantially delay even • some projwhich have been given a negative declaration . For example , unconditional negative declarations of Type I actions ExHIBIT _4 • and conditional negative declarations of Unlisted actions require both a filing with various agencies and publication of the notices in the Environmental Notice Bulletin ( ENB ) . However , the regulations also provide that an application for funding or approval shall not be complete until the negative declaration has - been filed . 617 . 3 ( f ) . Therefore , a more limited reading would be that physical alteration can be commenced after filing but before publication . B . The new regulations also state that it is the responsibility of every involved agency to provide the lead agency with information that may assist it in its determination of environmental significance , - to identify issues in the scoping process and to comment of the EIS if the involved agency has concerns . 617 . 3 ( h ) . C . The amendments provide that all involved agencies , not Dust the lead agency , may impose conditions on the applicant after the filing of an EIS . or of a conditional negative declaration . D . The new regulations place . limits on segemented review . Segmented review is the division of the environmental review of an action such that various activities or . stages are addressed under the regulations as though they were independent , unrelated activities , needing individual determinations of significance . 617 . 2 ( gg ) . An agency may only conduct segmented review if it clearly states in its determination of significance and any subsequent EIS the supporting reasons and it must demonstrate that ' such review is clearly no less protective of the environment . Also , related actions should be identified and discussed to the fullest extent possible . 617 . 3 ( k ) ( 1 ) . E . Now , time limits set forth in the regulations may be extended by mutual agreement between the applicant and the lead . . agency with notice to all other involved agencies . 617 . 3 ( m ) . III . INDIVIDUAL AGENCY PROCEDURES TO IMPLEMENT SEQR . 617 . 4 . A . The state may now designate as a critical environmental area ( CEA ) any specific geographicalarea which meets the CEA criteria and which the state owns or manages . 617 . 4 ( h ) . B . The new regulations make changes in the notice and filing requirements for a designation of an CEA . IV . INITIAL REVIEW OF ACTIONS . 617 . 5 A . The regulations clarify that all Type I actions must have a full EAF or EIS . 617 . 5 ( b ) . Unlisted actions may have either a short form or full EAF depending on the determination of • the lead agency . 617 . 5 ( c ) . 2 EXHIBIT 4 • V . ESTABLISHMENT OF LEAD AGENCY AND DETERMINATION OF SIGNIFICANCE . 617 . 6 A . The time in which a lead agency has to make a determination of significance is lengthened from 15 to 20 days . 617 . 6 ( a ) ( 1 ) ( ii ) . B . The new regulations appear to eliminate the option of having a coordinated review of an unlisted action when there is no determination of environmental significance . C . The new regulations provide a procedure for the redetermination of the lead agency upon certain conditions . 617 . 6 ( f ) • D . The new regulations clarify . that conditional negative declarations ( CND ) are permitted for unlisted actions . However , the requirement : may be more stringent than those that have been applied in the past . CND ' s are permitted only where : 1 . a full EAF has been prepared 2 . a coordinated review has been completed 3 . the conditions imposed have been eliminated or have adequately mitigated all significant environmental impacts 4 . notice of the CND has been published in the ENB and • there has been a30 -day public comment period . If the any comments are received which would support a positive declaration then a EIS must be prepared . E . The new regulations also clarify that a negative declaration can be rescinded if there has been a project modification or a change in circumstances . 617 . 6 ( i ) . This leaves unanswered the question of whether a negative declaration can be rescinded upon new , but previously available , information . VI . SCOPING . 617 . 7 A . This is an entirely new section . The procedures for scoping are not formal . However , there is -a requirement that the applicant must receive a written scope of issues to be addressed in the draft EIS . • VII . ENVIRONMENTAL IMPACT STATEMENT PROCEDURES . 617 . 8 A . There is now a 30 day time limit imposed on the lead agency to determine whether a draft EIS is complete . The time period runs from the day of receipt of the draft EIS . A 30 day extension is available upon notice to the applicant . 617 . 8 ( b ) ( 1 ) and ( 2 ) . • 3 ' EXHIBIT 4 • B . The lead agency must notify the applicant in writing of the reasons for the rejection of the draft EIS . 617 . 8 . ( b ) ( 3 ) . C . The lead agency may require a supplemental EIS limited to specific issues not addressed or inadequately addressed in the EIS , where there ' has been a change in the project , newly 'discovered information or a change in circumstances . 617 . 8 ( g ) . VIII . NOTICE AND FILING REQUIREMENTS . 617 . 10 . A . Once there has been a negative declaration filed , , the notice must be incorporated into " any other subsequent notice otherwise required by law . " 617 . 10 ( a ) ( 3 ) . IX . CRITERIA FOR DETERMINING SIGNIFICANCE . . 617 . 11 A . Several. minor changes have been made to the criteria for determining significance . They appear to be clarifications rather than additions. These should be reviewed individually . B . The lead agency is directed to consider all reasonably related long -term , short -term and cumulative effects in determining environmental significance . 617 . 11 ( b ) . X . CONFIDENTIALITY . 617 . 18 • A . Under the new regulations , the agency must comply with Freedom of Information Law requirements for information consistent with that law if requested to do so by the applicant . 4 EXHIBIT 4 r h, w.. BARNEY , GROSSMAN , ROTH & DUBOW ATTORNEYS AT LAW 315 NORTH TIOGA STREET I P. O. BOX 6556 OJOHNC . BARNEY AREA CODE 607 ITHACA , NEW YORK 14851 - 6556 PETER G . GROSSMAN PHONE 273 - 6841 NELSON E. ROTH DAVID A. Dueow February 24 , 1988 RICHARD P. RUSWICK ROSANNE MAYER Susan Beeners Town of Ithaca Planning Dept . 126 East Seneca Street Ithaca , New York 14850 Re : Proposed SEQR provisions Dear Susan : Enclosed please find our revised proposed SEAR regulations for the Town of Ithaca . I just want to point out to you some revisions I made . Most of the revisions were just in form , but a few might be considered . substantive . First , in what is now designated Section IV ( 1 ) , I have stated that you are only to aid . in determining whether the proposed action is exempt , excluded or Type II . The reason for this is that there are several Court cases discussing whether the Town can give SEQR responsibility to • . an individual other than the lead agency . Although I don ' t think the shifting was improper in this case , I decided to make it seem less like you were making the final determination . I don ' t think it will change our practices at all . Second , I eliminated your duties that were originally designated as Sub- section 3 in the provisions dealing with your duties . It was the section which said you were to designate the lead agency where there is only one agency involved . I thought this : Sub - section was unnecessary because if there is only one agency involved. there is no need to designate which is the lead agency . Third , I clarified the area in which an action can be taken which would make it Type I if it is located next to a critical environmental area . At your suggestion , we the lengthened the area . to within 250 feet of the critical environmental area . You will find these changes in what is now Section V and Section VI . Fourth , I added an additonal requirement under what is now Section IX ( 3 ) by stating that all of the agencies involved must be Town agencies . I didn ' t . think that the Town Board could designate a lead agency where there are non -town agencies which are involved agencies . 0 EXHIBIT 5 y�tN1 ' 1 A Fifth , under what is now Section XIV ( 2 ) ( d ) I modified the completion date when there has been a final environmental impact statement .. The modification would allow greater flexibility to ` the Town to give additional approvals for actions after only a draft environmental statement has been accepted . This is allowed under the State regulations . 4 Finally , under what is now Section XIII , I changed the language to :more closely tract statutory language . I also clarified that: the applicant must notify the Town within thirty 1 ( 30 ) days of the filing of a positive declaration as to whether the applicant -will prepare the EIS . Along with these changes , I also . made numerous changes in regard to form and renumbered some sections and sub •- sections to make the form consistant . Of course , if you have any questions to my changes please feel free to call . Sincerely yours , Richard P . Ruswick RPR : sew Enclosure I I 1 II j i ( I I ' I I I i EXHIBIT 5 , A FI DAVIT OF Ptr&1J+rA 'rJ0JN' rTHE I JOURNAL TOWN OF ITHACA _1 PLANNING BOARD ' 4; NOTICE OF PUBLIC HEARINGS ' . r ' TUESDAY, NOVEMBER 1 , 19881 . Bdirection of the Chairman L "t IS HEREBY iin GIVEN athdl NOTIICat E j the Plonni Hearings will be held by the - i i � Planning Board of the Town of Ithaca on Tuesday, November ' 1 , 1988, in Town Hall, 126 East ; Seneca Street, Ithaca, N. Y., at, azjL Ii tL.Lt ht r= ic,•ieq i hhji i , Goan `) ' a_'iZ rtz to ai .. r=_z2a L C. the following times and on the following matters: 7:30 P. M. Consideration of tL' P Subdivision Approval for the - _ . . _. . . . . . _. . . . . . . ._ . _ . . proposed subdivision of Town' . of Ithaca Tax Parcel No. 6-53-� r . r 1J1 ' � �1 • 1 - 14, located at 341 Codding i of Tfiz I :s . _� To.�_, w � e g : � � a' � � P=- prl ttN: an ,, pW% blistx•3 ton Road, into two lots of app- proximately 2. 46 and 1 . 34 acres respectively. Lillian Ra IthE JZ.tJ' LiiJ � L, '1, t:: ', ; zoJ` X ; CJ V['i�^.. 5 I tht annexe-: 21 a true poni, Owner; Lawrence P. ' Fabbroni , P. E. , L. S. , Agent. • Consideration of t �tctijv � a y- 3 Q� 7:40 P. M.O Subdivision Approval for the Ptt. - y . . . . . ... . proposed subdivision of Town ` of Ithaca Tax Parcel No. 6-25-1• it 2-32, located at 845-847 Toug= _- .. . . . ... . . . . . . . .. ._ . . .. . . . . . . --- ..._. . . . . ._ . . . . . . . . .. . .. . . . ... . ... .^ -.. ... . . .. . .. . . . hannock Blvd. and containing _ two residential structures, into J two lots of 0. 37 and 0. 17 acre: - . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . - . . . . . . - - respectively. John E. Rancich, '' 9 Owner; Michael J. Morusty, . r Applicant. iS+ � t.11E '. ' '' f L' S P ': : il :�cfrOL OI S u'� Ci E8 :00 P. M. Consideration of I Site Plan Approval and a Re-' � port to the Zoning Board of 0t . _ . . . . . r Appeals with respect to a tem- _ _ - . . . . . . . . . . . . . . . . . - . . . . --- . . - . . _ . . . . . . . . I9� . . . porary classroom located a± The Waldorf School of the Fin. ger Lakes, 855 Five Mile Drive, . • ^ - - ^ T - • --- • - - - - _• . • • • Town of Ithaca Tax Parcel er, -- - - - • . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 6-31 -2- 15. Richard D. Kinner, ' i1G� '-, � c ' 8r151e P. Mge Consideration of r L�. .7� E' IJE , t� _ _ . _. . _ .. .. _ . . _ . ... . . .. . ... . . _ . . . . . . . C.[ �' Subdivision Approval for the Proposed subdivision of a 16, Cs 795 plus or minus square foot . : -- - . . . . . . " . " " ' • ' lot from Town of Ithaca Tax I Parcel No, 6-49- 1 -2. 2, 0.93 .' acres total, located at 612 I Coddington Road with front- . . . . u \ . . . . . . . . . . � _ . _ .i .: . . . . . . . . .. .�; . age on Troy Road. Donald and L Helen Gregg, Owners/Appli= SEA : cants. Said Planning Board will at . Notary Public, State CT New York said times and said place hear all persons in support of such . -i No. 464410 matters or objections thereto. kins COunt -�C Persons may appear by agent Qualified in Tomo \ or in person . 7 Commission expires May 31 , 19 , , ,, Jean H. Swartwood Town Clerk �. 273- 1721 - October 27, 1988 Pi •