HomeMy WebLinkAboutPB Minutes 1990-12-18S
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TOWN OF ITHACA PLANNING BOARD
DECEMBER 18, 1990
The Town of Ithaca Planning Board met in regular session on
Tuesday, December 18, 1990, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James Baker,
William Lesser, Robert Miller, Stephen Smith, Daniel Walker
(Town Engineer), John C. Barney (Town Attorney), George
Frantz (Acting Town Planner).
ALSO PRESENT: Heather Vinton, Don Robiter, Alan Wood, John Whitcomb,
Joan Reuning, Richard Mandl, Candace Cornell, Jerry
Weisburd, Dennis Motl, Claudia Weisburd, Jonathan
Milne, Judith Aronson, Robert Mead, Michael R. May,
Esq., Harrison Rue,
Chairperson Grigorov declared the meeting duly opened at 7:00
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 December 12, 1990, and December 13, 1990,
respectively, together with the Secretary'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 Building Commissioner of the City of Ithaca, upon the Tompkins
County Commissioner of Planning, and upon the applicants and /or
agents, as appropriate, on November 13, 1990.
AGENDA ITEM: INTERVIEWING OF CANDIDATES FOR PLANNING BOARD
VACANCIES.
Chairperson Grigorov announced for the public present that
informal interviews will now commence for the Planning Board
vacancies.
The Board interviewed Mr. Jonathan Milne, Ms. Judith Aronson, Ms.
Candace E. Cornell, Mr. Dennis Motl, and Mr. Robert H. Mead.
Chairperson Grigorov stated that another candidate, Mr. E. Pete
Scala, is interested in serving on the Planning Board but is out of
Town and unable to attend tonight's meeting.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL
FOR THREE ADDITIONAL LOTS ON LANDS OF THE INLET VALLEY LAND
COOPERATIVE, INC., LOCATED AT 167 CALKINS ROAD, TOWN OF ITHACA TAX
PARCEL N09 6- 33- 1 -4.2, RESIDENCE DISTRICT R -30, AND FURTHER,
MODIFICATION OF THE LOT LINES AND DIMENSIONS OF LOTS NO, 114,8, AND
9 WITHIN SAID INLET VALLEY LAND COOPERATIVE, SAID LOTS BEING TOWN OF
ITHACA TAX PARCELS NO. 6- 33- 1 -4.4, -4.7, -4.3, AND -4.11. INLET
VALLEY LAND COOPERATIVE, INC., OWNER; H. ALAN WOOD, AGENT.
TOWN OF ITHACA PLANNING BOARD
DECEMBER 18, 1990
The Town of Ithaca Planning Board met in regular session on
Tuesday, December 18, 1990, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James Baker,
William Lesser, Robert Miller, Stephen Smith, Daniel Walker
(Town Engineer), John C. Barney (Town Attorney), George
Frantz (Acting Town Planner).
ALSO PRESENT: Heather Vinton, Don Robiter, Alan Wood, John Whitcomb,
Joan Reuning, Richard Mandl, Candace Cornell, Jerry
Weisburd, Dennis Motl, Claudia Weisburd, Jonathan
Milne, Judith Aronson, Robert Mead, Michael R. May,
Esq., Harrison Rue,
Chairperson Grigorov declared the meeting duly opened at 7:00
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 December 12, 1990, and December 13, 1990,
respectively, together with the Secretary'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 Building Commissioner of the City of Ithaca, upon the Tompkins
County Commissioner of Planning, and upon the applicants and /or
agents, as appropriate, on November 13, 1990.
AGENDA ITEM: INTERVIEWING OF CANDIDATES FOR PLANNING BOARD
VACANCIES.
Chairperson Grigorov announced for the public present that
informal interviews will now commence for the Planning Board
vacancies.
The Board interviewed Mr. Jonathan Milne, Ms. Judith Aronson, Ms.
Candace E. Cornell, Mr. Dennis Motl, and Mr. Robert H. Mead.
Chairperson Grigorov stated that another candidate, Mr. E. Pete
Scala, is interested in serving on the Planning Board but is out of
Town and unable to attend tonight's meeting.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL
FOR THREE ADDITIONAL LOTS ON LANDS OF THE INLET VALLEY LAND
COOPERATIVE, INC., LOCATED AT 167 CALKINS ROAD, TOWN OF ITHACA TAX
PARCEL N09 6- 33- 1 -4.2, RESIDENCE DISTRICT R -30, AND FURTHER,
MODIFICATION OF THE LOT LINES AND DIMENSIONS OF LOTS NO, 114,8, AND
9 WITHIN SAID INLET VALLEY LAND COOPERATIVE, SAID LOTS BEING TOWN OF
ITHACA TAX PARCELS NO. 6- 33- 1 -4.4, -4.7, -4.3, AND -4.11. INLET
VALLEY LAND COOPERATIVE, INC., OWNER; H. ALAN WOOD, AGENT.
Planning Board -2- December 18, 1990
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opend and read aloud from the Notice of
Public Hearings as posted and published and as noted above.
Mr. H.
Alan Wood addressed the Board and stated that the Short
Environmental
Assessment Form was re- submitted asking for three new
lots rather
than four. Mr. Wood offered that the revised plot plan
provided was
the same as was originally provided except that Lot #11
was eliminated,
which was the fourth lot. Mr. Wood stated that, in
terms of the
road easements, there seemed to be some misunderstanding
at the last
meeting
(November 20, 1990).
Mr. Wood said that the
Inlet Valley
Cooperative owns all of the land; parcels of it are
leased and
it is proposed to transfer that land into fee simple
lots. The remainder
of the land, including the road, will be owned
by the Inlet
Valley Cooperative. It was approved at a meeting of the
Cooperative that
thirty feet of the road will be retained by the
Cooperative
and there will be a thirty -foot maintenance easement,
fifteen feet
on each side of the road. The Cooperative submitted a
copy of the
Restrictions and Covenants, and the Bylaws, which are
subject to any
provisions of the Town, the Cooperative Council, and
the bankers,
etc. A copy of the Certificate of Incorporation was
provided.
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone present wished to speak. No one spoke. Chairperson
Grigorov closed the Public Hearing and brought the matter back to the
is Board for discussion.
Town Engineer Dan Walker noted that the description, in
particular the easement through Lot #2, is of concern because the
road through the commonly owned lands right -of -way is not so critical
if it is commonly owned, but Lot #2 will be privately owned and the
road presently goes through that lot. Mr. Walker said that,
basically, the Cooperative is asking the Board to waive the
requirement for road frontage on a public road. Attorney Barney
wondered if the road was going to be owned by the Homeowners'
Association. Mr. Wood answered, yes. Mr. Wood said that the road
will be 20 feet wide and paved, with a 30 -foot maintenance easement
that the Cooperative will own. Attorney Barney wondered if there was
a subdivision being created on Mr. Phillips' lot because, basically,
the road is going through Mr. Phillips' lot. Mr. Wood said that Mr.
Phillips' lot was increased because the road went through his
property, i.e., it was increased on the back side. Attorney Barney
said that there seems to be two lots. Attorney Barney asked why the
road has to run through the Phillips' property. Mr. Wood replied
that it is because of the steep pitch of the property. Mr. Wood
stated that Mr. Phillips was in on the original design.
At this point, Chairperson Grigorov re- opened the Public Hearing.
Claudia Weisburd, of 167 -1 Calkins Road, approached the Board and
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stated that from her recollection of the Planning Board Minutes of
the original approval of Inlet Valley, it was approved as a 10 -lot
subdivision. Ms. Weisburd said that the proposal is now for three
Planning Board
-3-
December 18, 1990
• new lots. Attorney Barney wondered how the road was going to be
described that would be conveyed to the Homeowners' Association. Ms.
Weisburd responded that the road is there now. Mr. Walker said that
the!�concern on his part is that there be a legal description of the
road prior to final approval.
Chairperson Grigorov closed the Public Hearing.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to make a motion.
MOTION by Dr. William Lesser, seconded by Mr. Robert Kenerson:
WHEREAS.
1. This action is the Consideration
of
Preliminary Subdivision
,Approval for three additional
lots on
lands of the Inlet Valley
Land Cooperative, Inc., located
at 167
Calkins Road, Town
of
Ithaca Tax Parcel No. 6- 33- 1 -4.2,
Residence
District R -30,
and
further, modification of the lot
lines
and dimensions of Lots
No. 1, 41 8, and 9 within said
Inlet
Valley Land Cooperative,
said lots being Town of Ithaca Tax
Parcels
No. 6- 33- 1 -4.3, -4.4,
-4.7, and -4.11, respectively.
2. This is an Unlisted action for which the Town of Ithaca Planning
Board has been legislatively determined to act as Lead Agency in
• environmental review.
3. The Planning Board, at Public Hearing on December 18, 1990, has
reviewed the Short Environmental Assessment Form, an
environmental assessment prepared by the Town Planning
Department, a plat entitled "Final Subdivision Plat, Inlet Valley
Homeowners' Association ", by T.G. Miller Associates, P.C., dated
August 16, 1990, amended November 21, 1990, and other application
materials for this action.
4. The Town Planning Department has recommended that a negative
determination of environmental significance be made for this
action.
THEREFORE, IT IS RESOLVED:
That the Planning Board make and hereby does make a negative
determination of environmental significance for this action as
proposed.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
• The MOTION was declared to be carried unanimously.
MOTION by Mr. Stephen Smith, seconded by Mr. James Baker.
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Planning Board -4000 December 18, 1990
WHEREAS.
1. This action is the Consideration
Approval f.or three additional lots on
of Preliminary
lands of the
Subdivision
Inlet Valley
Plat,
Associates,
and other
,Land Cooperative,
Ithaca Tax Parcel
further, modification
No. 1, 4, 8, and
said lots being
-4.71 and -4.11,
Inc., located at
No. 6- 33- 1 -4.2, Residence
of the lot lines
9 within said Inlet
Town of Ithaca Tax Parcels
respectively.
167 Calkins
District
and dimensions
Valley Land
No. 6- 33-
Road, Town of
R -30, and
of Lots.
Cooperative,
1 -4.3, -4.4,
20 This is an Unlisted action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on
December 18, 1990, made a negative determination of environmental
significance.
3. The Planning Board, at Public Hearing on December 18, 1990, has
reviewed the Short Environmental Assessment Form, an
environmental assessment prepared by the Town Planning
Department, a
Homeowners'
August 16, 1990,
materials for
plat entitled "Final Subdivision
Association ", by T.G. Miller
amended November 21, 1990,
this action.
Plat,
Associates,
and other
Inlet
P.C.,
application
Valley
dated
THEREFORE, IT IS RESOLVED:
1. That the Planning
Subdivision Approval
Inlet Valley Land C
Town of Ithaca Tax
R -30, and further,
of Lots No. 1, 4,
Cooperative, said
6- 33- 1 -4.3, -4.4, -4
following conditions
Board grant and hereby does grant Preliminary
for three additional lots on lands of the
ooperative, Inc., located at 167 Calkins Road,
Parcel No. 6- 33- 1 -4.2, Residence District
modification of the lot lines and dimensions
8, and 9 within said Inlet Valley Land
lots being Town of Ithaca Tax Parcels No.
.7, and -4.11, respectively, subject to the
a. That no building permits be issued for dwellings on any lot
created by this approval prior to approval by the Tompkins
County Health Department of on -lot water and sewer
facilities.
'b. That the two pieces of Lot No. 2 (one on each side of the
proposed road) be considered one lot, and that there be no
construction on the southerly parcel, and that there be no
further subdivision of Lot No. 2.
c. Phillips' approval, or receipt of
have been notified of proposals
least ten (10) days prior
consideration of final approval.
proof that both Phillips's
relative to their lot at
to public hearing for
• d. That the map be modified to show the proposed road to scale
and with appropriate metes and bounds sufficient to identify
the precise location of the road and also modifying the lot
Planning Board -5- December 18, 1990
• lines to conform to the proposed location of the boundary of
the road.
e. The approval of the By -laws and the Declaration of
Covenants and Restrictions by the Town Attorney and, if
required, the Town Board.
There being no further discussion, the Chair called for a vote.
Aye!- Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov
Subdivision Approval of
three additional lots and
dimensions duly closed.
PUBLIC HEARING. CONSIDE
PROPOSED SUBDIVISION OF .64
TAX; PARCEL NO. 6- 58 -1 -14
SLATERVILLE ROAD, RESIDENCE
OWNER; MICHAEL R. MAY. ESO.
declared the matter of Preliminary
the Inlet Valley Land Cooperative, Inc. for
modification of certain lot lines and
RATION OF SUBDIVISION APPROVAL FOR THE
+/- ACRES, WITH HOUSE, FROM TOWN OF ITHACA
1.3.22 + /- ACRES TOTAL, LOCATED AT 1409
DISTRICTS R -15 AND R -30. INA M. BAKER,
AGENT.
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened and read aloud from the Notice of
Public Hearings as posted and published and as noted above.
Attorney Michael R. May,
Agent
for
Ina M.
Baker, approached
the
Board and stated that Ina M.
Baker
owns
the
overall parcel
and
proposes to sell the smaller
parcel
that
needs
subdivision approval.
Attorney May said that Ina
Baker
owns
13.22
+ /- acres at
1409
Slaterville Road and wishes to
convey
the
house
and .64 acres at
that
address, while retaining the remaining
12.58
acres
as shown on
the
survey map.
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone present wished to speak. No one spoke. Chairperson
Grigorov closed the Public Hearing and brought the matter back to the
Board for discussion.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to offer a motion.
;MOTION by Dr. William Lesser, seconded by Mr. Robert Miller:
WHEREAS.
1. This action is the Consideration of Subdivision Approval for the
proposed subdivision of .64 +/- acres, with house, from Town of
• Ithaca Tax Parcel No. 6- 58 -1 -14, 13.22 + /- acres total, located at
1409 Slaterville Road, Residence Districts R -15 and R -30.
Planning Board
-6-
December 18, 1990
• 2. +This is an Unlisted action for which the Town of Ithaca Planning
Board has been legislatively determined to act as Lead Agency in
environmental review.
3. The Planning Board, at P
reviewed the Short
environmental assessment
'Acting Town Planner,
Slaterville Road (NYS 79
New York ", prepared by
27, 1990, and other appl
ublic Hearing on December 18, 1990, has
Environmental Assessment Form and an
of the proposed action prepared by the
a plat entitled "Survey Map of 1409
- Town of Ithaca - Tompkins County -
Kenneth A. Baker, L.S., and dated November
ication materials.
4. The Acting Town Planner has recommended a negative determination
of environmental significance for this action.
THEREFORE, IT IS RESOLVED:
That the Planning Board make and hereby does make a negative
determination of environmental significance for this action as
proposed.
There being no further discussion, the Chair called for a vote.
Ayes- Grigorov, Kenerson, Baker, Lesser, Miller, Smith
Nay - None.
• The MOTION was declared to be carried unanimously.
MOTION by Mr. Robert Kenerson, seconded by Mr. Robert Miller:
WHEREAS:
1. This action is the Consideration of Subdivision Approval for the
proposed subdivision of .64 +/- acres, with house, from Town of
Ithaca Tax Parcel NO. 6- 58 -1 -141 13.22 + /- acres total, located at
1409 Slaterville Road, Residence Districts R -15 and R -30.
2. This is an Unlisted action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on
December 18, 1990, made a negative determination of environmental
significance.
39 The Planning Board, at Public Hearing on December 18, 1990, has
reviewed the Short Environmental Assessment Form and an
environmental assessment of the proposed action prepared by the
Acting Town Planner, a plat entitled "Survey Map of 1409
Slaterville Road (NYS 79) - Town of Ithaca - Tompkins County -
New York ", prepared by Kenneth A. Baker, L.S., and dated November
27, 1990, and other application materials.
THEREFORE, IT IS RESOLVED:
• 1. That the Planning Board waive and hereby does waive certain
requirements for Preliminary and Final Subdivision Approval,
Planning Board
-7-
December 18, 1990
• 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.
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2. That the Planning Board grant and hereby does grant Final
!Subdivision Approval to the subdivision as shown on a plat
entitled "Survey Map of 1409 Slaterville Road (NYS 79) - Town of
Ithaca - Tompkins County - New York ", prepared by Kenneth A.
Baker, L.S., and dated November 27, 1990, subject to the
°following conditions.
a. the garage shown on the plat, labeled "to be removed ",
must be removed by March 1, 1991, and
bo no building permits may be issued after March 1, 1991
unless the garage has been removed.
'There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay None.
'The MOTON was declared to be carried unanimously.
Chairperson
Grigorov declared
the matter
of
Final Subdivision
Approval of the
Ina M. Baker Two -Lot
Subdivision
duly
closed.
PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED SUBDIVISION INTO TWO LOTS OF TOWN OF ITHACA TAX PARCEL NO.
6- 48 -1 -121 31.75 + /- ACRES TOTAL, LOCATED AT 699 CODDINGTON ROAD,
RESIDENCE DISTRICT R -30. BUTTERFIELD ASSOCIATES I, OWNER; HARRISON
RUE, AGENT.
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened and read aloud from the Notice of
Public Hearings as posted and published and as noted above.
Harrison Rue addressed the Board and noted that this is a fairly
simple two -lot subdivision. Mr. Rue stated that the reason for the
subdivision is that there is a buyer for the house and the upper
parcel which is to the west of the recreation trail. Mr. Rue said
that there is a 60 -foot right -of -way to the rear parcel. Mr. Rue
said that the project's purpose is to subdivide subject parcel into
two parcels, adding that the property is presently used as
residential (one house). Mr. Rue stated that there are no
construction plans for the property.
Chairperson Grigorov noted that
asked if anyone present wished to
Grigorov closed the Public Hearing
Board for discussion,
this was
speak. No
and brought
a Public
one spoke,
the matter
Hearing and
Chairperson
back to the
Planning Board
-8-
December 18, 1990
• Acting Town Planner George Frantz stated, for the record, that
the portion of the subject property between the abandoned railroad
grade and the City watershed lands to the north has been identified
as a "unique floral region" in the "Tompkins County Environmental
Image" (Tompkins County Dept. of Planning, 1975). Mr. Frantz said
that Planning Board review of any future proposals for subdivision or
other development activity within this area would require
investigation to determine the presence or lack thereof of threatened
or endangered plant species.
There appearing to be no further discussion, the Chair called for
a vote.
MOTION by Mr. Robert Kenerson, seconded by Dr. William Lesser.
WHEREAS.
1. This action is the Consideration of Subdivision Approval for the
proposed subdivision into two lots of Town of Ithaca Tax Parcel
No. 6- 48 -1 -12, 31.75 + /- acres total, located at 699 Coddington
Road, Residence District R -30.
2. This is an Unlisted action for which the Town of Ithaca Planning
Board has been legislatively determined to act as Lead Agency in
environmental review.
0 3. The Planning Board, at Public Hearing on December 18, 1990, has
reviewed the Short Environmental Assessment Form and an
environmental assessment of the proposed action prepared by the
Acting Town Planner, a preliminary plat plan entitled " Heffron
Subdivision - Town of Ithaca - Tompkins County - New York ",
prepared by Trowbridge Associates and dated December 4, 1990, a
final plat entitled "Final Subdivision Plat of the Heffron
Subdivision ", prepared by Lawrence P. Fabbroni, P.E., L.S., dated
May 31, 1989, amended December 17, 1990, and other application
materials.
4. The Acting Town Planner has recommended a negative determination
of environmental significance for this action.
THEREFORE, IT IS RESOLVED.
That the Planning Board make and hereby does make a negative
determination of environmental significance for this action as
proposed.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
• The MOTION was declared to be carried unanimously.
MOTION by Dr. William Lesser, seconded by Mr. Robert Miller.
Planning Board
-9-
December 18, 1990
• WHEREAS:
1. This action is the Consideration of Subdivision Approval for the
proposed subdivision into two lots of Town of Ithaca Tax Parcel
No. 6- 48 -1 -12, 31.75 + /- acres total, located at 699 Coddington
Road, Residence District R -30.
2. This is an Unlisted action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on
December 18, 1990, made a negative determination of environmental
significance.
3. The Planning Board, at Public Hearing on December 18, 1990, has
reviewed the Short Environmental Assessment Form and an
environmental assessment of the proposed action prepared by the
Acting Town Planner, a preliminary plat plan entitled "Heffron
Subdivision - Town of Ithaca new Tompkins County - New York ",
prepared by Trowbridge Associates and dated December 4, 1990, a
final plat entitled "Final Subdivision Plat of the Heffron
Subdivision ", prepared by Lawrence P. Fabbroni, P.E., L.S., dated
May 31, 1989, amended December 17, 1990, and other application
materials.
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
subidvision control nor the policies enunciated or implied by the
Town Board.
29 That the Planning Board grant and hereby does grant Final
Subdivision approval to the subdivision as shown on a final plat
plan entitled "Final Subdivision Plat of the Heffron
Subdivision ", prepared by Lawrence P. Fabbroni, P.E., L.S.,
dated May 31, 1989, amended December 17, 1990, subject to the
following conditions:
a. the amendment of the Final Plat to show the easement granted
to the Town of Ithaca along the former Delaware, Lackawanna,
and Western Railroad grade by Butterfield Associates I on
September 5, 1989, and
be the submission of the Final Plat with surveyor's seal for
signing by the Planning Board Chair prior to filing with the
Tompkins County Clerk, and
co that, prior to the issuance of any building permit for
construction on Lot #2, there be received by the Zoning
Enforcement Officer a statement from a botanist, or other
• individual who, in the judgment of the Town Engineer, is
qualified to render an opinion to the effect that the
c
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Planning Board -10- December 18, 1990
proposed location of any construction will not adversely
impact any rare or protected flora or fauna.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the
Heffron /Butterfield Associates I Two -Lot Subdivision Final
Subdivision Approval duly closed.
AGENDA ITEM: STAFF REPORT ON DEVELOPMENT REVIEW FEES AND ESCROW
SYSTEM.
At
this
time, Town
Planning Technician
John
Czamanske gave a
report
on the
Development
Review Administration
Status
Report.
(Status Report attached hereto as Exhibit No. 1).
AGENDA ITEM: CONSIDER EXECUTIVE SESSION TO DISCUSS RECOMMENDATIONS
TO THE TOWN BOARD IN RE APPOINTMENTS TO FILL PLANNING BOARD
VACANCIES AND APPOINTMENT OF PLANNING BOARD CHAIRPERSON.
William Lesser moved to go into Executive Session, James Baker
seconded the motion.
The Board returned to the Board Room.
MOTION by William Lesser to re -open the meeting, seconded by
James Baker.
AGENDA ITEM: CONSIDERATION OF RECOMMENDATIONS TO THE TOWN BOARD IN
RE APPOINTMENTS TO FILL PLANNING BOARD VACANCIES AND APPOINTMENT OF
PLANNING BOARD CHAIRPERSON.
MOTION by William Lesser, seconded by Robert Miller:
WHEREAS:
1. As of January 1, 1991 there will be three vacancies on the Town
of Ithaca Planning Board, and
29 The Planning Board has been requested to make its recommendation
to the Town Board with respect to the filling of said vacancies,
as has been its custom, and
3. Several residents, including two incumbent members of the
Planning Board whose terms are expiring, have expressed their
interest and desire to serve on the Planning Board, and
•
Planning Board
-11-
December 18, 1990
4. The
Planning
Board appreciates
the fact that several residents
have
expressed
interest in serving
on the Planning Board and the
applicants
have
taken the time to
write letters expressing their
interest
and be
interviewed by the 'standing
Planning Board, and
5. The
Planning
Board recognizes
the excellent and varied
qualifications
of the applicants
for the vacancies, and the
difficult
choice
regarding recommendations
to the Town Board that
it,
nonetheless,
must make;
NOW, THEREFORE, IT IS RESOLVED,
That the Town of Ithaca Planning Board recommend and hereby does
recommend to the Town. Board the re- appointment of Carolyn Grigorov as
a member of the Planning Board for a 7 -year term commencing January
11 1991 and ending December 31, 1997.
There being no further discussion, the Chair called for
Aye - Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
Abstain - Grigorov.
The MOTION was
declared to
be carried
unanimously.
MOTION by William.Lesser,
recommend
seconded by
James Baker.
a vote.
RESOLVED,
that the
Town of
Ithaca Planning Board recommend and
hereby does
recommend
to the
Town Board the re- appointment of Carolyn
Grigorov as
Chairperson
of the
Planning'Board for the year 1991.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
Abstain - Grigorov.
The MOTION
was
declared to
be carried
unanimously.
MOTION by
William
Lesser,
seconded by
Robert Miller.
WHEREAS.
1. As of January 1, 1991 there will be three vacancies on the Town
of Ithaca Planning Board, and
2. The Planning Board has been requested to make its recommendation
to the Town Board with respect to the filling of said vacancies,
as has been its custom, and
3. Several residents, including two incumbent members of the
Planning Board whose terms are expiring, have expressed their
• interest and desire to serve on the Planning Board, and
•
•
•
Planning Board
-12-
December 18, 1990
49 The Planning Board appreciates the fact that several residents
have expressed interest in serving on the Planning Board and the
applicants have taken the time to write letters expressing their
interest and be interviewed by the standing Planning Board, and
5. The Planning Board recognizes the excellent and varied
qualifications of the applicants for the vacancies, and the
difficult choice regarding recommendations. to the Town Board that
I
t, nonetheless, must make;
NOW, THEREFORE, IT IS RESOLVED.
That the Town of Ithaca Planning Board recommend and hereby does
recommend to the Town Board the re- appointment of Robert Kenerson as
a member of the Planning Board for a 7 -year term commencing January
1, 1991 and ending December 31, 1997.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Baker, Lesser, Miller, Smith.
Nay - None.
Abstain - Kenerson.
The MOTION was
declared to
be carried
unanimously.
MOTION by William
Lesser,
seconded by
James Baker:
WHEREAS.
1. As of January 1, 1991 there will be three vacancies on the Town
of Ithaca Planning Board, and
2. The Planning Board has been requested to make its recommendation
to the Town Board with respect to the filling of said vacancies,
as has been its custom, and
3. Several
residents,
including
two incumbent members of the
Planning
Board whose
terms are
expiring, have expressed their
interest
the Town
Board the appointment
and desire
E. Aronson,
to serve on
the
Planning
Board,
and
4. The Planning Board appreciates the fact that several residents
have expressed interest in serving on the Planning Board and the
applicants have taken the time to write letters expressing their
interest and be interviewed by the standing Planning Board, and
5. The Planning Board recognizes the
qualifications of the applicants for
difficult choice regarding recommendations
it, nonetheless, must make;
NOW, THEREFORE, IT IS RESOLVED.
excellent and varied
the vacancies, and the
to the Town Board that
That
the
Town of
Ithaca Planning Board
recommend
and hereby
does
recommend
to
the Town
Board the appointment
of Judith
E. Aronson,
220
Planning Board
-13-
December 18, 1990
Forest Home Drive, as a member of the Planning Board to fill the
0 unexpired term of Mr. Robert Miller' commencing January 1, 1991,
expiring December 31, 19949
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: CONSIDERATION OF THE APPOINTMENT OF THE 1991 PLANNING
BOARD REPRESENTATIVE TO THE COUNTY PLANNING BOARD.
It
was the consensus
of
the Board
not to
take any
action
on the
above
matter until the
first
recommendations to the Town
Planning
The Conservation
Board
meeting in
January
1991.
AGENDA ITEM: OTHER BUSINESS:
APPROVAL OF MINUTES - JUNE 19, 1990
MOTION by Robert Kenerson, Seconded by William Lesser:
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of June 19, 1990, be and hereby are approved as presented.
• There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: OTHER BUSINESS (CONTINUED)
Chairperson
Grigorov reported that the Planning Board had
received
copies
of adopted
resolutions
from the Conservation Advisory
Council.
These
resolutions
involved
recommendations to the Town
Board.
The Conservation
Advisory
Council adopted resolutions are
attached
hereto
as Exhibits
#2, 3, 41 5,
and
6.
The Planning Board reviewed the resolutions which generated great
discussion. The ideas contained therein are being considered by the
Planning Board. Chairperson Grigorov noted that the resolution
entitled "Sunset Period for Permits, etc." should be referred to the
Codes and Ordinances Committee. (See Exhibit #6.) The Board
discussed the issue of how to arrange the signage matter. The Board
agrees with the importance of timely notification of neighbors.
Chairperson Grigorov asked if anyone were prepared to offer a
motion on Town Policy in re Sunset Period for Permits, etc.
• MOTION by William Lesser, seconded by James Baker:
Planning Board
• RESOLVED, by the
of a Town policy with
as proposed by the
attached hereto, be
Ordinances Committee.
n
U
•
-14-
December 18, 1990
Town of Ithaca Planning Board, that the matter
respect to a sunset period for permits, etc.,
Conservation Advisory Council and as the same is
and hereby is referred to the Codes and
(See Exhibit #6. ")
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
At
coming
this point, Acting Town Planner George Frantz reported on
attractions for the Planning Board.
Mr. Frantz reported
have an opportunity to
for the Planning Board
Mr. Frantz
sell off the
Plantations,
to the South
Board consider
Mr. Frantz
like to submit
ADJOURNMENT
that the Conservation Advisory Council will
review a two -lot subdivision that is scheduled
meeting of January 15, 19910
said
that Chase
Farm /Butterfield Associates
wants to
back
of a lot
along East King Road to
Cornell
Cornell
wishes to
purchase the land so they can
add it
Hill
Swamp.
It has been requested that the
Planning
this
on January
15, 19910
said that
Jim
Rogan called
him
to
say that he would
a proposal
Board duly adjourned.
for
a third
building
at
Rogan's Corner,
Upon
Motion, Chairperson
Grigorov
declared the December 18, 1990,
meeting of
the Town of Ithaca
Planning
Board duly adjourned.
Respectfully submitted,
Mary Bryant, Recording Secretary,
Nancy, M. Fuller, Secretary,
Town of Ithaca Planning Board.
Memorandum 18 December, 1990
• To: Planning Board
From: John Czamanske, Planning Technician
Subj : Development Review Administration Status Report
1. The attached tables provide a summary of the projects for which the
Town has received applications since April 1990, shortly after the fee and
escrow legislation was passed. A revised version of our project tracking
spreadsheet, it provides totals (to date) for escrow deposited ( %10,151), fees
paid ($3,752), review costs ($4,728), and other items. For subdivisions, there
is a column showing review cost per lot and the total average review cost
per lot (about $15).
2. It seems that the $10 per lot fee for small subdivisions is about right in
covering the actual costs of review. Looking at only the small subdivisions
(which were not exempt and not sketch plats) the review cost per lot is
about $8.20 ($2814/321ots= $8.2). Note that this does not take into account
review costs which may be attributed to pending subdivision applications.
There have only been four large subdivision applications (over 10 lots) since
April. Of those, one is just in the sketch plat stage and the others were
• exempted from the new fees and escrow. Therefore, it is not possible to say
whether one -half of one percent of estimated project cost is an adequate
amount for escrow deposit. (Please be aware that the tally of review hours
is not completely up -to -date, though it is nearly so. A new spreadsheet will
be generated and sent to you after the close of the fiscal year.)
9
3. All site plan applications received so far have been for non - residential
projects, so it is not possible to determine whether $25 per dwelling unit is
an adequate escrow deposit requirement. (Nevertheless, all costs of review
would be payable to the Town.) So far, escrow requirements seem to be
adequate to cover the cost of site plan review. However, because of the
variety between projects, it is important to regularly monitor review costs in
order to request more escrow if needed. (There are currently two projects
for which we must shortly request more escrow.) As yet, no escrow money
has been returned, though the Town has been credited for review costs (as
of the end .of August), with balances retained to pay for further review and
possible inpection costs. Procedures are being worked out as we go and the
matters of escrow return and inspection escrow (among others) will need
attention shortly.
EXHIBIT 1
n
U
•
4. The requirement for escrow deposits and changes in the Planning
Department itself have compelled certain improvements such as filing
system reorganization (thanks especially to Nancy Fuller), creation of various
forms, assignment of project numbers, and development of a spreadsheet for
keeping track of projects, fees, escrow, and review costs. (Copies of the
Development Review Application and the Escrow Agreement are attached.)
Instructions have also been drafted for site plan applicants and for staff to
guide the processing of applications, fees, and escrow deposits (also
attached). Staff will continue their efforts to improve development review
administration.
Attachments
Copy: Town Board
Codes and Ordinances Committee
Staff Dept. Heads (w /out enclosures)
Planning 'Staff (w /out enclosures)
M1
EXHIBIT 1
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EXHIBIT l
S I DOITI I 'ON h
Town of Ithaca
126 East Seneca St.
Ithaca, NY 14850
(607) 273 -1747
D 110EIAXIV.J911EINM
R ENV I EAW
APPL I CAT I OIN
To be completed for ALL applications:
Date Received
Project Number
Type of Application: SUBDIVISION E] SITE PLAN F REZONING /ZONING AMENDMENT
Subdivision or Project Name (± ny):
Street Address or Location of Subdivision/ Project
Applicant /Agent:
Address:
Owner (If different from Applicant):
Address:.
Phone:
Phone:
If application is for an additional meeting or public hearing in regard to an application previously
.submitted, darken this box —+ El and STOP filling out form. See Planning Dept..for payment,, of fees,..,
(if application is not just for an additional meeting or hearing, complete the rest of form as directed.)
Engineer:
(if any):
Planner (if any):
Attorney, (if any):
Phone:
Phone:
Phone:
Phone:
[Da To be completed for all SUBDIVISION applications, except if application is only for an additional meeting:
Tax Parcel (s) involved:
Number of new lots proposed: Are new roads or public utilities proposed? Yes El No EJ
Is this a phased subdivision? Yes El No E, there are phases planned over years.
Estimated Site Improvement Cost (Exclude cost of land acquisition & prof. fees) :
goo
o To be completed for all SITE PLAN applications, except if application is only for an additional meeting:
Tax Parcel(s) involved:
Project is Non - Residential U Lot area: sq. ft. Total Building Floor Area: sq. ft.
Project is Residential El Number of dwelling units proposed: (2 dormitory bedrooms = 1 D.U.)
Estimated Project Cost (Exclude cost of land acquisition & prof.4ees): �. .00
QOM' ®o To be completed for all REZONING applications; except if application is only for an additional meeting:
Tax Parcel(s) affected: Existing Zoning: Proposed Zoning:
I M 1 R 01 To be completed and signed for ALL applications, except if application is only for an additional meeting:
The- information on this application form is submitted in addition to other information, plats, and plans requiredby'the'-Town
of Ithaca. I attest that all the information so submitted is complete and accurate, to the best of my knowledge. Also, by
filing this application, I grant permission for members of the various Town of Ithaca Boards; the Planning Dept. staff„, and
the Engineering Dept. staff to enter the property specified above to inspect in connection with review of the application.
Applicant's (or Agent's) Signature Date
EXHIBIT 1
Owner's Signature (If different from Applicant) Date
q IT
k
NON- REFUNDABLE FEE ESCROW
SUBDIVISION REVIEW SCHEDULE DUE SCHEDULE DUE
Initial Application:
1 - 4 New L/U $50
5 - 10 New L/U $75
>> 10 New L/U $100 + $1 @ L/U
Preliminary Plat:
1 - 10 New L/U (w /o RPU) $50 + $10 @ L/U
A110thers $100 0.599 EIC
Final Plat:
1 - 10 New L/U (w /o RPU) $50 + $10 @ L/U
All Others $100 0.599 EIC
Inspection: 0.599 EIC
Plats /Replats whose sole
purpose is to dedicate
land for public use: No .Charge
Plat Reaffirmations: $50 + $5 @ L/U
SITE PLAN REV IEY
Initial Application: $70
Preliminary Plan:
Non - Residential $100 0.199 EPC, Excl. land
Residential $100 $25 @ Dwelling Unit
Final Plan:
Non - Residential $50 0.199 EPC, Excl. land
Residential $50 $25 @ Dwelling Unit
Inspection:
Non - Residential 0.05% EPC, Excl. land
Residential $25 (a Dwellina Unit
REZONING /ZONING AMENDMENT $170 Plus Any Site
Plan Fees
ADDITIONAL MEETING FEE
(In the event of more than 1 meeting
or public hearing per application)
Agenda Processing: $30
Public Hearing Processing: $50
L/U =Lots /Units Calculated Fees: .00 Calculated Escrow: :
EIC = "Est. Improvement Cost .00
EPC =Est. Project Cost Fee Adjustment: _00 — Escrow Balance:
W/o RPU =!,V/out Roads /Publ. Util.
0.05 98 = 000005 Fees Paid : $ 000 Escrow Paid
0.598 = 0.005
0,1 S. = 0.001. Receipt # : Receipt #
Min. Initial Escrow Dep. is $200 -
Separate checks if escrow > $1000 Check # : _. _ Check #0
Estimated Cost for Calculating Escrow : .00 , as approved by:
Stage of Review: INITIAL PRELIMINARY FINAL D INSPECTION
Received by: Date: PLNG a ENGR
Escrow Account Name:
Escrow Account Number: Date of Deposit:
Revised 6/90
y4
DEVELOPMENT ESCROW AGREEMENT
•Name of Applicant:
M1 Address of Applicant:
Name of Subdivision
Town
Tax
Assigned
or Project:
Project Number.
Parcel Number(s) of property
involved with application:
Federal Tax ID Number or Social Security Number of Applicant:
Amount of Initial Escrow Deposit Required by Town $
This Escrow Agreement is made between the Town of Ithaca,126 East Seneca Street, Ithaca, New York
(the "Town ") and the above named Applicant (the "Applicant ") relating to the deposit in escrow with
the Town of certain funds relating to the above named Project (the "Project ") in accordance with the
following terms and conditions:
1. Pursuant to Section 84 of the Town of Ithaca Zoning Ordinance (the "Ordinance ") and other laws,
ordinances and regulations of the Town, the Applicant hereby deposits in escrow with the Town the
amount of the initial deposit set forth above.
2. The Town is authorized to draw upon said escrow deposit at such times and in such amounts as the
Town, in As sole discretion, deems necessary or appropriate in order to pay for the Actual Cost of
Review of the development application, SEOR- Related Fees, and/or Inspection Fees incurred by the
Town in connection with the Project. Fees shall be calculated in the manner set forth in Section 84 of
the Ordinance.
34 At such time as the balance remaining in the Escrow Account is, in the reasonable determination
of the Engineer of the Town, inadequate to cover the reasonably anticipated additional costs of Review
Fees, SEOR - Related Fees and/or Inspection Fees, the Applicant agrees to deposit such additional amounts
as may be required by the Town Engineer.
4. The undersigned Applicant hereby certifies that under the penalties of perjury that:
(a) the above tax identification number is true, correct and complete, and
(b) the Applicant is not subject to backup withholding.
The Applicant understands that the amounts deposited in escrow may (but are not obliged to) be
deposited in an interest - bearing account. If such is the case the Applicant agrees and understands that
the Applicant's taxpayer identification number shall be supplied to the depository institution and any
interest earned shall be deemed to be the Applicant's for income tax purposes, shall be so reported to
the appropriate taxing authorities, shall be added to the amount in escrow and shall be retained in such
account until such time as withdrawn by the Town to pay for fees in accordance with this Agreement or
delivered to the Applicant upon termination of the Project proceedings.
5. Any unexpended funds remaining in the escrow account upon termination of the proceedings
relating .to the Project, after deduction for any outstanding expenses of the Town not yet paid from the
escrow account, will be returned to the Applicant as set forth in Section 84 of the Ordinance.
6. Applicant acknowledges receiving and reading Section 84 of the Ordinance and agrees that all of
the provisions of such Section are incorporated herein by reference as if fully set forth in this Escrow
Agreement,
APPLICANT By; Date:
TOWN OF ITHACA By$ Date:
EXHIBIT 1
• Town of Ithaca, New York
Site Plan Application Instructions & Checklists
These instructions and checklists have been prepared in order to
provide applicants a guide to submitting applications for site
plan approval. If you have any questions about the instructions,
checklists, procedures, or any other matter regarding development
review please contact the Planning or Engineering Departments at
(607) 273 -17470
WHEN REQUIRED. A site plan is required by the Zoning Ordinance
generally in the following circumstances:
1) Prior to establishment of R5 Residence, Multiple Residence,
Business, or Special Land Use Districts, a site plan must be
approved by`the Town Board following review and
recommendation by the Planning Board.
2) Prior to obtaining a building permit for projects in estab-
lished R5 Residence, Multiple Residence, Business, Indus-
trial, Light Industrial or Special Land Use Districts, site
plan approval must be granted by the Planning Board.
3) Most
- SUBMISSION.
projects
is expected that
or
uses
which
require
do the
Special
prior
Approval must
also
have
site
plan
approval
from
the Planning
Board.
• PRE
- SUBMISSION.
It
is expected that
all
applicants
will
do the
following
prior
to
submitting any site
plan
for review:
* Review the Town Zoning Ordinance, Environmental Review Law,
and other pertinent Town laws (Subdivision Ordinance,
Highway Specifications, Sign Law, etc.)
* Obtain a Development Review Application, Escrow Agreement,
and the appropriate Environmental Assessment Form.
* Schedule a pre - submission meeting with the Town Planner
and /or Town Engineer. (Optional)
All Ithaca Town laws and ordinances are available for a small fee
at the main desk on the first floor of Town Hall. All laws and
ordinances, as well as other information relevant to planning and
development may be inspected by request at Town Hall.
SKETCH SITE PLANS. An optional but recommended step (similar to
that provided for in the Town Subdivision Ordinance) is the
opportunity for applicants to present a "sketch" site plan.
There are no hard and fast requirements for sketch site plans,
however, as much information as possible should be submitted in
order that useful feedback can be provided to applicants. The
preliminary and final site plan checklists should be used as a
Site Plan Instructions & Checklists -- DRAFT JC:12 /18/90 1
V.
EXHIBIT 1
• guide in making sketch plan applications. (Nevertheless, sketch
plans applications must include items 1(a) through 1(g), 3, and 4
from the "Preliminary Site Plan Checklist. ")
PRELIMINARY SITE PLANS. The Planning and Engineering Departments
will not review any application for preliminary site plan
approval unless materials are completed and presented as
described in the "Preliminary Site Plan Checklist."
FINAL SITE
PLANS.
After
receiving
preliminary
site
plan approval
from the Planning
Board,
the
applicant
must make
required
modifications
and
then
submit
a final site
plan
for
approval.
The items
noted on
the
"Final
Site Plan
Checklist"
shall
accompany
final site
plan
applications.
SUBMISSION SCHEDULE & COPIES. Unles
Planning and Engineering Departments
be submitted at least twenty (20) wo
Planning Board meeting at which the
scheduled for discussion or approval
four (4) copies are to be submitted
s otherwise arranged with the
, application materials must
rking days prior to the
proposed site plan may be
Unless otherwise noted,
of all checklist items.
In addition, twenty (20) copies of the reduced site plan and all
other items noted in the appropriate checklist (except the
Development Review Application and Escrow Agreement forms) must
be submitted at least five (5) working days prior to the Planning
Board meeting at which the site plan has been scheduled for
consideration.
• Site Plan Instructions & Checklists -- DRAFT JC:12/18/90 2
EXHIBIT 1
r.
c
PRELIMINARY SITE PLAN CHECKLIST
1. Proposed preliminary site plan, to include:
a. Vicinity Map showing
property and propose
1" =1000' or 1" =2000'
b. Size, location, use
structures, parking
street loading areas
facilities, landscap
features pertinent t
the general location of the
d project at a scale of
and design of all existing
areas, access drives, off-
, signs, lighting, pedestrian
ing, and other existing
o plan review.
c. Size, location, proposed use, design, and con-
struction materials of all proposed structures.
d. Location, design, and construction materials of
all proposed parking areas, access drives and
loading areas.
e. Location of fire and other emergency zones,
including the location of fire hydrants.
f. Location, design, and construction materials of
all proposed pedestrian facilities.
• g. Location, design, and construction materials of
all proposed water and sewage facilities.
h. Location, name, and dimensions of each existing or
proposed street and alley and each existing or
proposed utility, drainage, or similar easement
within, abutting, or in the immediate vicinity of
the proposed project.
I. Natural features within and immediately adjacent
to the site including but not limited to streams,
lakes, floodplains, ponds, wetlands, woodlands,
brushlands, significant natural habitats or other
features pertinent to review of the proposed
project.
j. Existing and proposed site topography represented
by contour lines with intervals not to exceed 5
(five) feet, including a grading plan describing
the volumes of .cut and fill materials and their
composition, and including elevations of proposed
buildings, signage, lighting, and other features.
• -
Site Plan Instructions & Checklists DRAFT. JC:12/18/90 3
EXHIBIT 1
C�
•
•
k.. Drainage plan which includes a description of
method used for analysis, the calculation of
drainage area above point of entry for each water
course entering or abutting the site, and proposed
method of on -site retention if required.
1. Landscaping plan and planting schedule including
location and proposed development of buffer areas.
m. Size, location,
of all proposed
n. Exact boundary
heavy line, sho
all monuments,
the nearest one
nearest one -hal
design, and construction materials
signs and lighting,
lines of the tract, indicated by a
wing location and description of
giving property metes and bounds to
hundredth foot, angles to the
f minute, and at least one bearing.
o. Border lines
from the left
bounding
edge and
site
one
plan
half
or engineer(s)
sheets
inch from
one inch
each of
the
including
information
other edges.
signatures,
All
shall be within
required
seals,
the
dates
information,
and
border.
such
p. Map
or graphic
Scale and
north arrow,
form (eg.
with
map scale
).
in bar
q. Name of proposed project.
r. Names of Town of Ithaca, Tompkins County, and New
York State.
s. Date of Site Plan.
t. Key map (when more than one sheet is submitted).
u. Name and seal of
the registered
land surveyor(s)
or engineer(s)
who prepared
the
topographic and
boundary survey
and the date
of
survey.
20 Name(s) and address(es).of all property owners and
persons who have an interest in the site and of parcels
abutting the site, including easements or rights -of-
way. plus the tax Parcel numbers.
3. Completed Development Review Application, Escrow
Agreement (if escrow required), and Backup Withholding
Form (required if escrow deposit is $1,000 or greater).
(Only one (1) copy each.)
40 Payment of fees and deposit of escrow (if required).
Site Plan Instructions & Checklists -- DRAFT JC:12/18/90 4
V.
EXHIBIT 1
• 5. Estimate of the cost of improvements (excluding the
purchase cost of land) to be prepared (preferably) by a
licensed professional engineer.
6. Fully completed and signed Short Environmental.Assess-
ment Form, Part 1 (SEAF) or Full Environmental Assess-
ment Form, Part 1 (LEAF). (See Town Planner as to
which to submit.)
70 Reduced copy of
all sheets
of the proposed
site plan
(no larger than
11" X 17
") and copy of
all other items
required above (except
development review.application
state.-and/or federal
and escrow forms).
agencies. Submit copies of all
permits or approvals so
FINAL SITE PLAN CHECKLIST
1. Proposed final site plan, including all preliminary
site plan checklist items, with modifications made
according to the preliminary approval given by the Town
Planning Board.
20 Construction details of all proposed structures, roads,
water /sewage facilities, and other improvements.
30
Detailed sizing and final material
specifications of
•
all required improvements.
49
Record of application for and
approval status of all
necessary permits from county,
state.-and/or federal
agencies. Submit copies of all
permits or approvals so
granted.
50
Reduced copy of all sheets of
final site plan (no
larger than 11" X 17 ") and copy
of all other items
required above (except development
review application
and escrow forms).
60
Original or mylar copy of final
site plan to be
retained by the Town of Ithaca.
(Only one (1) of each
site plan sheet.)
70
Completed Development Review Application,
Escrow
Agreement (if escrow required),
and Backup Withholding
Form (required if escrow deposit
is $1,000 or greater).
(Only one (1) copy each.)
80 Payment of fees and deposit of escrow (if required).
• Site Plan Instructions & Checklists -- DRAFT JC:12 /18/90 5
EXHIBIT 1
C
Town of Ithaca
Planning and Engineering Departments
• Development Review Administration
Instructions to Staff
I. Introduction. Recent revisions to the Zoning and Subdivision
Ordinances regarding fees and escrow deposits has made the
sometimes complex application process even more complicated, for
applicants and staff alike. As instructions are necessary to
help applicants through the process, so too are they needed as an
aid to staff. Please read these instructions and provide
suggested revisions in order that they can become al valuable tool
for current and future staff.
II. Overview, Section 84 of the Zoning Ordinance sets forth
application fees, escrow amounts, and other procedures for both
zoning- related and subdivision - related applications. (Section 8
or the Subdivision Ordinance, "Fees," now simply refers to
Section 84 of the Zoning Ordinance.) It is recommended that you
read Section 84 in its entirety. While the language may be
somewhat burdened by "legalese," it clearly sets forth when fees
and escrow are to be paid, who calculates the various amounts,
how different applications are handled, and other matters. These
instructions are not intended as a substitute for Section 84, but
as a supplement to it.
• III. Applications. Development Review Applications are located
in the front of the "Developments -- Current, A -D" main Planning
file drawer. (Escrow Agreements and Backup Withholding Certifi-
cates are located there as well.] The applicant is to fill out
the appropriate sections on the front of the form. The back of
the form is for staff use. Indicate to the applicant what the
estimated fees are for their project, including some indication
of how much escrow might be required. (Do not assign a project
number until fees and escrow (if required) are paid.)
IV. Fee Schedule. The fee schedule as adopted by the Town Board
and shown in Section 84 of the Zoning Ordinance is reproduced on
the back of the Development Review Application. (However,
special approval and zoning appeal fees were not put on the
application as they are paid to the Building /Zoning Department.)
The fee schedule on the back of the Development Review Applica-
tion is intended as a worksheet for staff in calculating fees and
escrow. Across from the various types and levels of applications
are two columns labeled "Non - Refundable Fees" and "Escrow." Each
column is divided into a "schedule" column and a blank column for
writing in the amount which is calculated to be "due" to the
Town. Near the bottom of the fee schedule worksheet is a box
containing notes and definitions. An important distinction is
• Dev. Review Mgmt, Staff Instructions -- DRAFT JC:12/18/90 1
EXHIBIT 1
m
1
made in the fee schedule between projects with and without roads
• and public utilities; please note the distinction when accepting
applications and calculating fees.
V. Calculating Fees. Calculating fees should be a simple
process of addition and /or multiplication. The amount(s) so
calculated should be written across from the type of application
in the "due" column and totalled in the "calculated fees" box
below. When a fee is waived or for some other reason an
adjustment to calculated fees is required, note the amount in the
box labelled "fee adjustment." When paid, write the collected
amount in the box, "Fees Paid."
VI. Calculating Escrow. If the application is for residential
site plan review, calculating escrow requires simply multiplying
$25 by the number of dwelling units (note that two dorm rooms
equals one dwelling unit). Otherwise, escrow is based on a
percentage of "estimated project cost" or "estimated improvement
cost." Applicants should have that amount entered onto the front
of their application. The Town Engineer has the authority to
revise this estimate for reasons stated in Section 84 of the
Zoning.Ordinance. Therefore, the Town Engineer must be consulted
if the escrow is for other than residential site plans. If the
Town Engineer determines that a different estimate is
appropriate, that amount should be entered on the line labeled
"Estimated Cost for Calculating Escrow" and signed by the Town
Engineer.
• After calculating the required escrow, that amount should then be
written in the "due" column and again in the cell labeled
"Calculated Escrow."
It may necessary to adjust the calculated escrow by an amount
which the Town may already have on deposit (for an earlier stage
of the application or even for another project for which escrow
is no longer necessary). This amount must be determined and
checked with the Bookkeeping Department and noted in the "-
Escrow Balance" box. The amount.of escrow actually deposited is
noted in the box labeled "Escrow Paid."
Where escrow is required for an application, the minimum amount
of such deposit is $200. For example, if the calculated escrow
is $75, the applicant must instead deposit $200.
Each applicant who deposits escrow with the Town must fill out
and sign an escrow agreement. If the initial escrow deposit is
$1000 or greater, the - applicant must fill out a "Backup
Withholding Certificate." This form is required by the bank in
keeping track of interest. (Escrow amounts of less than $1000
are simply deposited in the Town's Trust and Agency Account and
do not accrue interest to either the -Town nor the applicant.).
• Dev. Review Mgmt, Staff Instructions -- DRAFT JC:12 /18/90 2
EXHIBIT 1
i
VII. Processing,
Double
-check all
submitted.applications
dropped off,
the applicant
to ensure
that
they are
• completed,
materials
required
(ie.
by
signed,
the
dated, and
EAF, plats or
site plan or
accompanied
plans,
subdivision
etc.;
by all
eg. all
checklists).
required
materials
Do not
accept
fees
or
escrow until
all required
event. the check
items are
submitted
be
along
completeness
with
the
of
application
an application
form. (Note,
for legal
the
however,
purposes
that
ultimately
the
requires
a
determination
by
the involved
board(s).)
If someone wants to "just drop off"
until everything can be checked,
receipts prepared. If an application
the
processed,
is
application, deter them
copies made, and
mailed to the Town or is
dropped off,
the applicant
the
has
applicant must
submitted an incomplete
be sent
copies
application
and receipts.
along
If
with
a check for
applicant
fees
informed
and escrow, the
as to why the
check
application
should
be returned
is incomplete.
and the
Non- Refundable
fees and
escrow deposits
Review Application
may
be made
with the same
check, however,
if the
escrow deposit
is larger
than
$1000, the
fees and escrow
should
be made with
separate
checks.
In any
event. the check
number(s)
should
be
noted in
the boxes
underneath
the
collected
amounts
on
the fee
schedule
worksheet.
Using the standard receipt book kept with the Development Review
Application Binder in the Planning Department, a receipt should
be made out to the applicant. Enter the receipt number in the
• appropriate box on the application.
Make 3 copies (duplex) of the application.
Distribute receipts and applications as follows:
Development Review Application Binder:
Original
Development Review
Application
Review Application
(Original
(Copy of
escrow agreement,
Backup Withholding
if required)
Certificate,
if required)
Applicant:
Copy of the Development Review Application
White copy of receipt
(Copy of Escrow Agreement, if required)
Copy of Backup Withholding Certificate,.if required)
Bookkeeping:
Copy
of the
Development
Review Application
Blue
copy of
receipt
• Dew..Review Mgmt. Staff Instructions -- DRAFT JC:12/18/90 3
9/ =1 _ : 101
•
•
•
(Copy of Escrow Agreement, if required)
(Original Backup Withholding Certificate, if required)
Development Review File ( "Purple File ")*
Copy of
Accounting. All
perform development
Development Review
Application
(Copy
of
Escrow Agreement,
if required)
(Copy
of
Backup Withholding
Certificate, if required)
If possible have applicant wait while everything is checked,
filled out, collected, etc, such that they can make necessary
changes and be given their copies directly. Otherwise, ensure
that it is mailed to them.
Deliver the check(s), copies of receipt and application, and the
backup withholding certificate (if required) directly to Book-
keeping.
VIII. Time
.actually
Accounting. All
perform development
Planning and
review must
Engineering
keep a
work
staff
log of
who
time
so
spent,
recording time to
the nearest quarter
-hour.
All time
spent
of
meetings
reviewing
ordinance
proposals including
compliance, communications
with the applicant
SEQR
with
and associated
review,
the
work
determinations
applicant,
must
be noted
on
staff
of
to
work
Zoning
proposed
logs. (However,
Appeals, or other
projects cannot
time spent at
Town boards or
be charged to
Planning
committees
applicants.)
Board,
Board
in relation
Staff
work logs are to be
submitted in a
timely fashion
to the
Planning
as a
maintain
Technician for recordkeeping
better system is-devised,
and distribute the
and
The Planning
development review
action, until
Technician
spreadsheet
such time
will
on a
bi- weekly
numbers.)
basis.
IX. Terminating Escrow, Escrow Rollover, Inspection Escrow.
Dev. Review Mgmt, Staff Instructions -- DRAFT JC:12/18/90 4
M
EXHIBIT 1
(This
section
remains
to be
written, as does a section on
assignment
of
project
numbers.)
Dev. Review Mgmt, Staff Instructions -- DRAFT JC:12/18/90 4
M
EXHIBIT 1
• ADOPTED RESOLUTION -- Conservation Advisory Council -- 12/6/90
in re Unique and Special Natural Features
•
MOTION by Dooley Kiefer, seconded by John-Whitcomb:
WHEREAS, the Town of Ithaca requires information about the
presence of rare or endangered species and unique habitats and unique
geological features on lands proposed for development, so that
appropriate decisions can be made on development applications, and
WHEREAS, these items of concern are relevant whether the project
involves hundreds of units or a single building, and
WHEREAS, the only way to ascertain.this information accurately is
to have the land scrutinized by persons with appropriate expertise,
and it.is unreasonable to expect Town staff to have such expertise;
NOW, THEREFORE, BE IT RESOLVED, that the Conservation Advisory
Council recommends to the Town Board that the Town develop a list of
persons with appropriate expertise in flora and fauna and geology, and
perhaps put several on retainer to be called upon on an as- needed
basis.
Aye - Whitcomb, Dean, Kiefer, Marks.
Nay - None.
Abstain - Mahr.
To: Town Board, Planning Board, Zoning Board of Appeals
rim
12/10/90
EXHIBIT 2
ADOPTED RESOLUTION -- Conservation Advisory Council -- 12/6/90
in re Orderly Decision Procedures for Project Applications
MOTION by Christiann Dean, seconded by Laura Marks:
WHEREAS, development decisions need to be made in a careful and
deliberate manner, with all necessary information in hand, and not at
the end of a long evening of business, and
WHEREAS, the Conservation Advisory Council has observed over
several months that the Town Board, Planning Board,' and Zoning Board
of Appeals often try to accomplish four steps in this approval process
in, one meeting, i.e., presentation by applicant, public hearing on
proposed project, determination of environmental impact, and approval
of application, and
WHEREAS, additional information and additional questions may be
raised by the boards themselves during applicant's presentation and by
the public during the hearing, and
• WHEREAS, the boards may not be able immediately and fully to
evaluate the new information;
NOW, THEREFORE, BE IT RESOLVED, that the Conservation Advisory
Council recommends that neither the Town Board, nor the Planning
Board, nor the Zoning Board of Appeals make an environmental
determination and give project approval at the same meeting, and
BE IT FURTHER RESOLVED, that, similarly, the Conservation
Advisory Council recommends that the Planning Board should never give
both preliminary and final subdivision plat approval at the same
meeting unless the project is a two -lot subdivision.
Aye - Whitcomb, Dean, Kiefer, Mahr, Marks.
Nay - None.
CARRIED UNANIMOUSLY.
To: Town Board, Planning Board, Zoning Board of Appeals
nmf
12/10/90
I�►.4.
ADOPTED RESOLUTION -- Conservation
in re Enviro
MOTION by Laura Marks, seconded by
Advisory Council -- 12/6/90
nmental Assessment Forms'
Christiann Dean*
WHEREAS, the purpose of Environmental Assessment Forms is to
disclose all necessary relevant information to enable decision- makers
to review and determine the likely environmental impacts of a proposed
action, and
WHEREAS, time is wasted when the Town Planning Board, Zoning
Board of Appeals or the Conservation Advisory Council's Environmental
Review Committee try to work with incompletely filled out or erroneous
Environmental Assessment Forms;
NOW, THEREFORE, BE IT
Council recommends to the T
of the Town not to accept
full) until all blanks are
particular:
RESOLVED, that the Conservation Advisory
own Board that it henceforth be the policy
Environmental Assessment Forms (short or
filled in -- and filled in correctly. In
-- It shall be staff's responsibility initially to ensure
completeness and accuracy before scheduling applications for
Environmental Review Committee, Planning Board and Zoning Board
of Appeals review. (Thus, if applicant leaves blanks, forms
shall be returned to him /her for completion.)
• - If applicant has given an answer(s) discovered during the course
of the .Planning Board review process or public hearing to be
wrong, the answer(s) will not simply be "fixed" for the applicant
at the Planning Board meeting, rather no decision on the
application will be made at that meeting. In other words,
factual errors whether minor or major shall be automatic grounds
for carrying over any decision - making until a subsequent meeting.
The Conservation Advisory Council recommends that the only
possible exception to this be if the action is a two -lot
subdivision, and
BE IT FURTHER RESOLVED, that the Conservation Advisory Council
recommends to the Town Board that it henceforth -be the policy of the
Town that if, at a future date after applicant has received a
development permit, it is learned that the permit was issued based on
erroneous information provided by the applicant, the Town reserves the
right to reconsider said permit and to find either that it is still
appropriate for the permit to stand or to rescind the permit without
the Town's being liable for damages to the applicant.
Aye - Whitcomb, Dean, Kiefer, Mahr, Marks.
Nay - None.
CARRIED UNANIMOUSLY.
To. Town Board, Planning Board, Zoning Board of Appeals
nmf
12/10/90
EXHIBIT4
n
ADOPTED RESOLUTION -- Conservation Advisory Council -- 12/6/90
in re Publicizing Development Applications
MOTION by Christiann Dean, seconded by Ruth Mahr:
WHEREAS, it is in the Ithaca community's interest for Town
residents to be aware of and have input on land -use decisions, and
WHEREAS, early notice to residents of proposed projects will
maximize the chance for interested persons to come forward with
relevant information and questions, and
WHEREAS, the Town can help accomplish this by taking some very
simple measures;
NOW, THEREFORE, BE IT RESOLVED, that thee Conservation Advisory
Council recommends that the Town Board adopt the following policies to
publicize project applications:
1. Require the posting of notice(s) on the property boundary
(especially along public roads) whenever and as soon as a project
or action (including a two -lot subdivision) is proposed for that
property;
2. As soon as the Town receives a project application, the name,
location, and a short description of the proposed project /action
• be (a), mailed to all abutting property owners of the proposed
project, and (b) put on a list that will be publicized via
posting in the Town Hall and on the front of Town Hall. This
information will also be mailed to all members of the Town Board,
Planning Board, and Conservation Advisory Council with their
regular mailings, and to the relevant known neighborhood
association once a month. We suggest that the posted list be
updated once a week, and projects remain on the list until the
application has been decided upon.
Aye - Whitcomb, Dean, Kiefer, Mahr, Marks.
Nay - None.
CARRIED UNANIMOUSLY.
To: Town Board, Planning Board, Zoning Board of Appeals,. John C.
Barney, Esq.
nmf
12/10/90
Iu
EXHIBIT 5
ADOPTED RESOLUTION -- Conservation Advisory Council -- 12/6/90
in re Sunset Period for Permits, etc.
• MOTION by Laura Marks, seconded by Ruth Mahr:
WHEREAS, applicants who have received approval for land
subdivision, site plan approval, special approval, rezoning., or other
discretionary approval by any Town body for proposed projects
sometimes do not proceed to carry out those projects in a timely
fashion, and
WHEREAS, conditions change with time, so that what once may have
been deemed an appropriate or needed land use for a particular
property may no longer be so;
NOW, THEREFORE, BE IT RESOLVED, that the Conservation Advisory
Council recommends to the Town Board that it be Town policy to have a
"sunset" on said approvals, so that an approval not substantially
acted -upon. within a set period of time shall no longer be a valid
• approval, but shall automatically expire, without prejudice to
re- application. Similarly, a special land -use district -- or variance
for any of the above - enumerated projects -- shall also be void after
a set period of time. The Conservation Advisory Council suggests 18
months as the appropriate sunset period, and
BE IT FURTHER RESOLVED, that the Conservation Advisory Council
recommends that the Town Board direct the Town Attorney to explore the
legality of applying this principle retroactively.
Aye - Whitcomb, Dean, Kiefer, "Mahr, Marks.
Nay - None.
CARRIED UNANIMOUSLY.
To Town Board, Planning Board, Zoning Board of Appeals, Codes and
Ordinance Committee, John C. Barney, Esq.
nmf
12/12/90
EXHIBIT 6
•
AFFIDAVIT OF PUBLICATION
State of New York, Tompkins County, ss.:
Gail Sullins
being. duly sworn, deposes and
says, that she /he resides in Ithaca, county and state aforesaid and that
she /he is Clerk
of The Ithaca Journal a public newspaper printed and published in
Ithaca aforesaid, and that a notice, of which the annexed is a true
copy, was published in said paper
M
d that the first publication of said notice was on the lS
ay of De cc b0 l 19—LZ
Subscr' ed and sworn to before me, this
of 19
•
F L
/ V
day
Notary Public.
JEAN FORD
Notary Public, State of New Yori
No. 4654410
Qualified in Tcmpkins County
Coum10$$eon expires Max 31
TOWN OF ITHACA
PLANNING BOARD "•;:
NOTICE OF PUBLIC HEARINGS.
TUESDAY, DECEMBER 18;1990
By direction of the Chairman
of the Planning Board,0NOTICE
IS HEREBY GIVEN,.thatePublk
Hearings will be held by the
Planning Board of the Town "of
Ithaca on Tuesday, Decembei
18,,1990, in Town Hall, *126
East Seneca . Street, Ithaca;
NY, at the following times and
on the following matters:.1sy
7:30 P.M.,- Considerot!on.;.of
Preliminary.; Subdivision- Ap
provol. for. three additional lots
on ' lands of :the Inlet =,Valley;
Land Cooperative, Inc.; :'lo -.
cated at 167, Calkins Road;
Town of Ithaco'Tox Parcel No:
6= 33- 1 -4.2, Residence Distiicl
R -30, and further, modifica-
tion of the lot .lines and di -.
mensions of Lots No. '1,:4, 8
and 9 within said Inlet Valley'
Land Cooperative, Inc., said
lots being Town of Itahca Tax,
Parcels No. , 6 -33 -1- 4.40.74.7,'
4.3, and -4.11. Inlet Valley"
Land Cooperative, In2.,' Own-
er, H. Alan Wood, Agent..-.' "'
8:00 P.M. Consideration -'of.
Subdivision Approval for: the -
proposed subdivision 'of .64'
plus /minus acres with house
from Town of Ithoca'Tax Par=.
cel No. 6- 58 -1 -14, 13.22 plus
/minus ocres.tota!, located ot•'
1409 Slaterville Rood, Resi-
dence District, R -15 and R -301;
Ina M. Baker, Owner; Michael:
R. May, Esq., Agent.
8:15 P.M. Consideratior ' of.
Subdivision Approval for Ithe�;
Proposed subdivision into two.,
ots of Town of Ithaca Tax Par
cel No. 6- 48 -1 -12, 3.1.75 plus -
/minus acres total, located at'.
699 Coddington Road, -Resdi-
ence District R -30. Butterfield
Associates I, Owner; Hairisoh
Rue, Agent..
Said Planning Board will at
said times and said place hear'_
all persons in support of such
matters or objections thereto.
Persons may appear by agent:-
or in person.
Jean H. Swartwood
Town Clerk .`
273 - 1721,E
December 13, 1990 c: