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 .
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•
Exhibit 1
9he, 'Waldorf School of the Finger Lakes
µ-
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' 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
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' I
I
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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
•