HomeMy WebLinkAboutPB Minutes 1991-07-16•
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TOWN OF ITHACA PLANNING BOARD
i
JULY 16, 1991
The Town of Ithaca Planning Board 'met in regular session on
Tuesday, July 16, 1991, in Town Hall, 'i�26 East Seneca Street, Ithaca,
New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov „,Robert Kenerson, James Baker,
Stephen Smith, Eva Hoffmann, Judith Aronson, Virginia
Langhans, Floyd Forman (Town Planner), Dan Walker (Town
Engineer), John C. Barney (Town Attorney), George Frantz
(Assistant Town Planner)..
ALSO P RES EN T: St e h en, Ra pon i Gra ce Aldrich, Jim Ainslie Greg
Williams, Peter J. Walsh) l Esq., Ray Perisin, Pierre
DuBose, Krys Cail, Edward Austen, Peggy Reizes, Judy
Small, Jack and Nancy Gould, Celia Bowers, Laura Marks,
Myrtle Whitcomb, John Whitcomb, Anne Koreman, Robert
Wheeler, Les Reizes, Jody Boronkay, Lillian Mann, Max
Mattes, Rosalind Grippi.l
Chairperson Grigorov declared the r
p.m. and accepted for 'the record the C;
Publication of the Notice of Public He<
Ithaca Journal on July 8, 1991, and Ju
together with the Secretary's Affidavit
Notice upon the various neighbors of ei
discussion, as appropriate, upon the C:
Enfield, and Ulysses, upon the Clerk of
Tompkins County Commissioner of Plannii
Finger Lakes Region of the NYS Office c
Historic Preservation, and upon the apj
appropriate, on July 11, 19916
Chairperson Grigorov read the Fire
assembled, as required by the New York
Office of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD
ieeting duly opened at 7:30
.erk's Affidavit of Posting and
Brings in Town Hall and the
.y 11, 1991, respectively,
o of Service by Mail of said
tch of the properties under
.erk's of the Towns of Ithaca,
the City of Ithaca, upon the
Lg, upon the Manager of the
,f Parks, Recreation, and
►licants and /or agents, as
Exit
Regulations
to
those
State
Department
of
State,
There were no persons present to be heard
closed this segment of the meeting.
Chairperson Grigorov
PUBLIC
HEARING:
CONSIDERATION OF
n
SUBDIVISION APPROVAL FOR
THE
PROPOSED
SUBDIVISION OF A
PARCEL
APPROXIMATELY 1.5 ACRES
IN SIZE FROM
TOWN OF
ITHACA
TAX PARCEL
NO. 6 -42
-1 -9.12, 84.4 +/- ACRES
TOTAL AREA,
LOCATED
AT 346
CODDINGTON
ROAD,
RESIDENCE DISTRICT R -15.
LILLIAN
RAPONI,
OWNER;
STEPHEN''J.
RAPONI,
APPLICANT.
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.
Planning Board -2- July 16, 1991
Mr. Stephen Raponi addressed the Board and appended a map to the
• bulletin board.
I
Chairperson Grigorov stated, for the record, that Robert
Kenerson, Virginia Langhans, Stephen Smith, Eva Hoffmann, Judith
Aronson, and she viewed the site.
Mr. Raponi said that this is the subdivision of a 1.5 +/- acre
building lot from an approximately 79.'i5 acre parent tract. Mr.
Raponi said that he proposes to build f single - family home.
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.
Chairperson Grigorov noted that the Tompkins County Department of
Planning stated that the proposal, as submitted, will have no
significant deleterious impact on intercommunity, county, or state
interest, therefore, no recommendationiris indicated.
Board Member Robert Kenerson asked'rif there would be any future
development of the rest of the land. Mr. Raponi responded, no, not
at this time. Eva Hoffmann wondered if Mr. Raponi had plans to build
ir
a home on the 1.5 +/- acres. Mr. Raponi answered, yes.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to offeri,a motion.
MOTION by Virginia Langhans, seconded by James Baker.
WHEREAS:
1. This action is the Consideration of Subdivision Approval for the
proposed subdivision of a parcel approximately 1.5 acres in size
from Town of Ithaca Tax)Parcel No.1i6- 42- 1 -9.2, 84.4 + /- acres
total area, located at 346 Coddingllon Road, Residence District
R -15.
29 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 July 16, 1991, has
reviewed the Short Environmental Assessment Form and an
environmental assessment of the proposed action prepared by the
Assistant Town Planner, a plat entitled "Portion of Lands of
Lillian Raponi", prepared by C. George Hanford, L.S., dated April
29, 1991, a map entitled "Map Showing Relative Location of
Stephen Raponi Subdivision to Lillian Maria Raponi Parcel ",
prepared by C. George Hanford, L.S;I, dated June 24, 1991, revised
• June 26, 1991, and other applictiori materials.
' Planning Board -3- July 16, 1991
y �
4. The Assistant Town Planner has recommended a negative
• determination of environmental significance.
THEREFORE, IT IS RESOLVED:
That the Planning Board make and k
determination of environmental signifj
proposed.
There being no further discussion,
Aye - Grigorov, Kenerson, Baker, Lan
Nay - None.
The MOTION was declared to be car
MOTION by Judith Aronson, seconde
WHEREAS.
k.reby does make a negative
:ance for this action as
the Chair called for a vote.
ins, Smith, Hoffmann, Aronson.
ed unanimously.
by Robert Kenerson.
1. This action is the Consideration of Subdivision Approval for the
proposed subdivision of a parcel approximately 1.5 acres in size
from Town of Ithaca Tax Parcel No. '6- 42- 1 -9.2, 84.4 + /- acres
total area, located at 346 Coddingiton Road, Residence District
R -15.
• 2. This.is an Unlisted action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on
July 16, 1991, made a negative determination of environmental
significance.
3. The Planning Board, at Public Hearing on July 16, 1991, has
reviewed the Short Environmental Assessment Form and an
environmental assessment of the proposed action prepared by the
Assistant Town Planner, a plat entitled "Portion of Lands of
Lillian Raponi", prepared by C. George Hanford, L.S., dated April
29, 1991, a map entitled "Map Show '11ing Relative Location of
Stephen Raponi Subdivision to Lillian Maria Raponi Parcel ",
prepared by C. George Hanford, L.Si`., dated June 24, 1991, revised
June 26, 1991, and other appliction materials.
THEREFORE, IT IS RESOLVED:
it
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,
11
2. That the Planning Board grant and hereby does grant Final
• Subdivision Approval to the proposed subdivision of the Lillian
Raponi premises as shown on a plat entitled "Portion of Lands of
Lillian Raponi", prepared by C. George Hanford, L.S., dated April
Planning Board -4- July 16, 1991
29, 1991, and a map entitled "Map Showing Relative Location of
• Stephen Raponi Subdivision to Lillian Maria Raponi Parcel ",
prepared by C. George Hanford, L.S�,., dated June 24, 1991, revised
June 26, 1991, subject to the following condition:
a. Revision of the plat entitledlll "Portion of Lands of Lillian
Raponi", prepared by C. George Hanford, L.S., dated April
29, 1991, to show the required sixty- foot -wide right of way
along the southerly boundary ' line of the property, prior to
its signing by the Chair of the Planning Board.
ll
There being no further discussion,the Chair called for a vote.
•
J
Aye - Grigorov, Kenerson, Baker, Langhans, Smith, Hoffmann, Aronson.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the Consideration of Subdivision
Approval for the Lillian Raponi Two -Lot Subdivision duly closed.
PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 6 -24 -1 -41.9,
48.2 + /- ACRES TOTAL AREA, INTO TWO LOTS 7 +/- AND 41 +/- ACRES IN
SIZE. SUBJECT PARCEL IS LOCATED AT THE CORNER OF HAYTS ROAD AND
SHEFFIELD ROAD, AGRICULTURAL ZONE. LEON E. AND GRACE W. ALDRICH,
OWNERS, EDWARD A. MAZZA, ESQ., 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.
A corrected map was appended to the bulletin board.
Mrs. Aldrich addressed the Board and stated that the proposal is
to separate the 48.2 total acres into two parcels for sales one
parcel would be approximately seven acres to be sold as a corner lot,
and the other parcel would be approximately 41 +/- acres in size.
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 andlbrought the matter back to the
Board for discussion.
Chairperson Grigorov noted, for the' record, that Robert Kenerson,
Virginia Langhans, Eva Hoffmann, and Judith Aronson, viewed the site.
Eva Hoffmann asked about further development of the land. Mrs.
Aldrich assured Ms. Hoffmann that there are no plans for further
development. Ms. Hoffmann inquired about the zone. Assistant Town
Planner George Frantz answered that itllis an Agricultural zone.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were ready to offer a motion.
0
•
is
Planning Board
-5-
July 16, 1991
II
MOTION by Robert Kenerson, seconded by Virginia Langhans:
WHEREAS.
1. This action is the Consideration oIf Subdivision Approval for the
proposed subdivision of Town of Ithaca Tax Parcel No.
6 -24 -1 -41.9, 48.2 ± /- acres total area, into two lots 7 +/- and
41 +/- acres in size, subject parcel being located at the corner
of Hayts Road and Sheffield Road, Agricultural Zone,
2. This is an Unlisted action for whi''ch 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 July 16, 1991, has
reviewed the Short Environmental Assessment Form and an
environmental assessment of the proposed action prepared by the
Assistant Town Planner, the comments of the Environmental Review
Committee of the Town of Ithaca Conservation Advisory Council, a
map entitled "Survey Map of Lands on Sheffield and Hayts Rds."
prepared by Howard R. Schlieder, Pu.E., L.S., dated June 25, 1991,
a revised and corrected copy of which was delivered to the
Planning Board on July 16, 1991, showing a 50 -foot strip added to
Kinkade property, and other application materials.
4. The Assistant Town Planner has recommended a negative
determination of environmental significance.
THEREFORE, IT IS RESOLVED.
That the Planning Board make and Y:
determination of environmental signifi
proposed.
There being no further discussion,
Aye - Grigorov, Kenerson, Baker, L
Nay - None.
3.reby does make a negative
;ance for this action as
the Chair called for a vote.
, Smith, Hoffmann, Aronson,
The MOTION was declared to be carried unanimously.
MOTION by Virginia Langhans, seconded by James Baker.
WHEREAS:
1. This action is the Consideration o
proposed subdivision of Town of It
6 -24 -1 -41.9, 48.2 + /- acres total a
41 +/- acres in size, subject parce
of Hayts Road and Sheffield Road,
Subdivision Approval for the
aca Tax Parcel No.
ea, into two lots 7 +/- and
being located at the corner
gricultural Zone.
2. This is an Unlisted action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on
Planning Board -6- I, July 16, 1991
July 16, 1991, made a negative detuermination of environmental
significance.
3. The Planning Board, at Public Hear +'ng on July 16, 1991, has
reviewed the Short Environmental As isessment Form and an
environmental assessment of the proposed action prepared by the
Assistant Town Planner, the comments of the Environmental Review
Committee of the Town of Ithaca Conservation Advisory Council, a
map entitled "Survey Map of Lands on Sheffield and Hayts Rds."
prepared by Howard R. Schlieder, P'p.E., L.S., dated June 25, 1991,
a revised and corrected copy of which was delivered to the
Planning Board on July 16, 1991, showing a 50 -foot strip added to
Kinkade property,,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
subdivision control nor the policies enunciated or implied by the
Town Board.
2. That the Planning 'Board grant and hereby does grant Final
Subdivision Approval to the proposed subdivision of the Leon E.
and Grace W. Aldrich premises as shown on the revised plat
entitled "Survey Map of Lands on Sheffield and Hayts Rds."
prepared by Howard R. Schlieder, P.E., L.S., dated June 25, 1991,
subject to the following condition:
a. Approval by the Tompkins County Department of Health of any
necessary on -lot sewer facilities prior to the issuance of
any building ",permit.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Keners'on, Baker, Langhans, Smith, Hofmann, Aronson.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the
and Grace W. Aldrich Two -Lot Subdivisi
PUBLIC HEARING: CONSIDERATION OF SITE
PROPOSED LOCATION OF A 10' BY 38' OFFI
8' BY 15' MOBILE FOOD SERVICE TRUCK, A
ITHACA TAX PARCEL NO. 6- 19 -2 -29, LOCAT
BUSINESS DISTRICT "E". NOAH`S BOAT CL
MCCREARY /BARBARA BLOM, AGENTS.
sideration of the Leon E.
duly closed.
PLAN APPROVAL FOR THE
E TRAILER AND AN APPROXIMATELY
D PICNIC TABLES, ON TOWN OF
D AT 1000 EAST SHORE DRIVE,
B /CAYUGA TREATS, OWNER; DAVID
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.
•
•
Planning Board
�I
Attorney Walsh appeared before they
representing Noah's Boat Club, Inc.
Attorney Walsh stated that the pr
201X50' two -story metal barge located
office trailer. Attorney Walsh also
service truck, and picnic tables.
July 16, 1991
Board and stated that he was
osal is for replacement of a
t the Marina by a 10'X38'
ntioned an 81X15' mobile food,
Town Planner Floyd Forman asked whether the trailer that is used
for an office is moved to different locations in the summer and
winter. Attorney Walsh responded that °it was repositioned most
recently simply because the wind in the winter was shaking it such
that the computer was,jarred. Mr. Forman asked if the position of
the trailer as shown on the map would be its permanent position.
Attorney Walsh asked the indulgence of the Board to permit some
slight repositioning of the trailer as the wind changes on Cayuga
Lake. Mr. Forman wondered if the location of the food trailer would
be in the location as'shown on the map @,. Attorney Walsh answered,
yes, within a few feet, it will remainin the same location. Mr.
Forman asked if the parking area would, be delineated. Attorney Walsh
responded that there are no present intentions to go forward with any
delineation, u
Mr. Forman wondered if any more trees would be added in the area
abutting the railroad'jtrack. Attorney Walsh responded that,
presently, there are no plans to plant any trees, but landscaping
would evolve over time.
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'Ibrought the matter back to the
Board for discussion.;
Eva Hoffmann asked about toilets and their location. Attorney
Walsh indicated on the map the location of the two toilets; both of
them are hooked up to "public sewer and',;water. Attorney Walsh offered
that the business closes down all sailing programs on October 27th
and reopens March 1st.!
Virginia Langhans, wondered if there had been any problems
entering and exiting the driveway. Attorney Walsh responded, no.
Virginia Langhans asked about a dumpster. The location of the
dumpster was pointed out on the appended map. It was noted that
Cayuga Treats does very little business from traffic on Rte. 34; most
of the business comes from the Marina. 'r
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to offer"a motion.
MOTION by Robert Kenerson,
• WHEREAS:
seconded by Virginia Langhans:
•
•
is
Planning Board
1. This action is th
proposed location
approximately 8'
tables on Town of
1000 East Shore D
2. This is an Unlist
Board has been le
environmental rev
3. The Planning Boar
reviewed the Shor
environmental ass
Assistant Town P1
'Committee of the
proposed site pla
Inc., East Shore
.July 10, 1991, an
4. The Assistant Tow
determination of
THEREFORE, IT
That the
determination
proposed.
-8 -!' July 16, 1991
Consideration of Site Plan Approval for the
of a 10' by 38' loffice trailer and an
y 15' mobile food service truck and picnic
Ithaca Tax Parcel No. 6- 19 -2 -29, located at
ive, Business Dil'strict "E"ill
d action for whi;;ch the Town of Ithaca Planning
islatively deter'lm'ined to act as Lead Agency in
ew.
at Public Hearing on July 16, 1991, has
Environmental Assessment Form and an
ssment of the proposed action prepared by the
nner, the comments of the Environmental Review
own of Ithaca Conservation Advisory Council, a
entitled "Partial Site Plan Noahs Boat Club
rive, Town of Ithaca, Tompkins County ", dated
other application materials.
Planner has recommended a negative
nvironmental significance.
IS RESOLVED:
I�
Planning Board make and hlreby does make
of environmental significance for this
There being no further discussion,,
Aye - Grigorov, Kenerson, Baker, Langhlli
Nay ism, None.
a negative
action as
the Chair called for a vote.
ins, Smith, Hoffmann, Aronson.
The MOTION was declared to be carried unanimously.
MOTION by StephenflSmith, seconded by Robert Kenerson:
WHEREAS:
1. This action is th
proposed location
approximately 8'
tables on Town of
1000 East Shore D
2.
This is an Unlis
Board, acting as
July 16, 1991, m
significance.
1
Consideration of Site Plan Approval for the
Hof a 10' by 38' 'Office trailer and an
>y 15' mobile food service truck and picnic
Ithaca Tax Parcel No. 6- 19 -2 -29, located at
ive, Business District "E".
d action for which the Town of Ithaca Planning
,ead Agency in environmental review, has, on
le a negative determination of environmental
3. The Planning Board', at Public Hear
reviewed the short Environmental A
environmental assessment of the pr
Assistant Town Planner, the commen
ng on July 16, 1991, has
sessment Form and an
posed action prepared by the
s of the Environmental Review
C
•
Planning Board -9- July 16, 1991
Committee of the Town of Ithaca Coi
proposed site plan entitled "Parti'j
Inc., East Shore Drive, Town of It9
ir
July 10, 1991, and other applicati!!i
THEREFORE, IT IS RESOLVED.
l�
That the Planning Board grant and ]
Approval for the proposed modification
Boat Club, Inc., 1000 East Shore Driver',
plan entitled "Partial Site Plan Noahsl
Drive, Town of Ithacal Tompkins County)
further grants future i modifications to,i
the mobile office to4a location paralla
the trailer marked 1181 x 40' storage t!�.
or permanent removal from the premises;)
location shown as "truck" on the site
servation Advisory Council, a
1 Site Plan Noahs Boat Club
aca, Tompkins County ", dated
n materials.
ereby does grant Site Plan
to the site plan for Noah's
as shown on a proposed site
Boat Club Inc., East Shore
dated July 10, 1991, and
permit temporary relocation of
1 to and on the east side of
ailer ", and /or the temporary
of the food truck from its
lan.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, KenersIon, Baker, Langhl�ans, Smith, Hoffmann, Aronson.
Nay - None. it 1I
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the Matter of Site Plan Approval
for Noah's Boat Club /'Cayuga Treats duly closed.
APPROVAL OF EXCERPT OF MINUTES APRIL 1';6, 1991
;MOTION by Robert Kenerson, seco
RESOLVED, that the Excerpt of the
Planning Board Meeting of April 16, 19
as presented.
There being no further discussion,
Aye - Grigorov, Kenerson, Baker, Lan
Nay - None.
by Virginia Langhans:
4inutes
of
the Town
of Ithaca
)1, be
and
hereby is
approved
the Chair called for a vote.
s, Smith, Hoffmann, Aronson.
The MOTION was declared to be carr,,'�ied unanimously.
APPROVAL OF EXCERPT OF MINUTES - JUNE 4, 1991
RESOLVED, that th
Planning Board Meetin
with the following co
1. That, on Page
about having"
• There being no
Excerpt of the Minutes of the Town of Ithaca
of June 4, 199111, be and hereby is approved
rection:
9, paragraph 3, 1st 'sentence, change "did not know
to Tasked if we could have".
further discussion, the Chair called for a vote.
II
Planning Board
S Aye - Grigorov,
Nay - None.
Abstain - Hoffmann.
-10-
July 16, 1991
Kenerson, Baker, Llanghans, Smith, Aronson.
The MOTION was declared to be carried.
AGENDA ITEM: REVIEW AND RECOMMENDATI= TO THE CODES AND ORDINANCES
COMMITTEE WITH RESPECT TO A PROPOSED LOCAL LAW AMENDING THE TOWN OF
ITHACA ZONING ORDINANCE RELATING TO PERMITTED USES IN BUSINESS
Ir
I'D"
Chairperson Grigorov opened discussion on the above -noted matter.
11 If
Attorney Barney, referring to the present law, said that "D"
allows a gasoline service station. Attorney Barney noted that before
the Zoning Board of Appeals, in conjunction with the Andree Gulf
Station on East Hill,la question of what a gasoline service station
can do these days arose. Attorney Barney said that when the Zoning
Ordinance was enacted a number of years ago gasoline service stations
principally sold petroleum products and only petroleum products.
Attorney Barney stated that today service stations sell, at a
minimum, cigarettes, candy, snack foods, and many of them sell much
more than that, adding that the ZBA struggled with that and tried to
come up with an interpretation. Attorney Barney stated that the
Codes and Ordinances Committee reviewed the matter, and directed
Attorney Barney to draft a local law which would basically allow any
® use of a "D" property ilthat is permitted in either an "A", "B ", or "C"
zone.
Attorney Barney said that the proposed law states that in a "D"
zone one can put anytY,ing on it that can be put in an "A ", "B", or
"C" zone.
Chairperson Grigorov stated that the above -noted Agenda Item has
to be adjourned for later discussion this evening as the Board has to
move forward with the "8:45 p.m. scheduled Public Hearing.
PUBLIC HEARING: CONSIIDERATION OF PRELIMINARY SUBDIVISION APPROVAL
FOR THE PROPOSED SUBDIjVISION OF TOWN OF ITHACA TAX PARCELS NO.
6- 22- 2 -2.2, -2.9, AND 6- 21 -1 -5, 57.4 + /- ACRES TOTAL AREA, INTO 40
LOTS. THE PROPOSED PROJECT, KNOWN AS CAYUGA LAKE ESTATES, IS LOCATED
OFF DUBOIS ROAD AT THE END OF ORCHARD HILL ROAD, RESIDENCE DISTRICT
R -30. EDWARD J. MCARD�LE, OWNER; DAVID��,FA. MCARDLE,
APPLICANT.
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.
Ray Perisin, Engineer, with Clark Engineers, stated that he is
the Project Manager for the project.
If
® A large map was appended to the bulletin board.
Planning Board -11 -' July 16, 1991
Mr. Perisin indicated on the map the location of the proposed
subdivision. Mr. Perisin stated that,f based on the plan before the
Board tonight, there is little or no disturbance on the identified
old growth forest. Mr. Perisin said that there are a total of 40
lots proposed. Mr. Perisin noted that the majority of the existing
drainage routes have been preserved. iMr. Perisin stated that the
plan is a preliminary plat; it still has to go through the final
design, and in the final design the developers know that all streets
are to be a maximum 10% slope. Mr. Perisin said that the utility
service will be coordinated in the final design.
r
Chairperson Grigorov stated that the Board had asked, quite early
in the process, for a possible cluster design. Mr. Perisin said that
the reasoning behind the cluster design was to keep the development
out of the mature forest. Mr. Perisin' stated that the market is for
the larger lots. �i
Assistant Town Planner George Frantz said that there is a concern
with the amount of loss of vegetationithat is possible with the
proposal. Mr. FrantzIcited the steepness of the site, especially the
lower 30 %.to 400 of the site toward Rt °e. 89 and the railroad bed.
Mr. Frantz noted that on parts of thel�site the soils are classified
as being highly erodible.. Mr. Frantzicommented that the diversion of
two of the streams on the site is a concern. Mr. Frantz said that
the Board and staff maintain their posl,ition that the natural stream
courses should be respected in any sub ",division proposal for this
site. 11
O 11
Chairperson Grigorov noted that this was a Public Hearing and
11 11
asked if there were anyone from the public who had any comments or
questions. if
C
Laura Marks, 302 East King Road, approached the Board and stated
that she is Chairperson of the Open Space Committee of the
Conservation Advisory Council. Ms. Marks stated that the parcel in
question is in a Tompkins County Uniqule Natural Area. Ms. Marks
offered that there are some scarce plants in the area. Ms. Marks
mentioned the steep slopes.
Celia Bowers, 1406 Trumansburg Road, spoke from the floor and
stated that she had a concern about flooding. Ms. Bowers said that
the present configuration of roads in lilthe proposed subdivision
worries her, adding that when water runs down the hill to the Lake
the roads could wash out; everyone could be without fire protection,
ambulance, or police.l Ms. Bowers feels that some safety road has to
be included, commenting that there is 1a potential for death here, as
well as a potential for very severe environmental degradation.
Krys Cail, 337 Dubois Road, approached the Board and said that
the West Hill Neighborhood Associationlwas concerned about the
development. Ms. Cail stated that shell, personally, is concerned
about flooding in the area. Ms. Cail stated that she is also
concerned about erosion on the property. Ms. Cail is concerned
II
about
0
s
11
Planning Board
-12-
July 16, 1991
the road configurations there is one long cut de sac with roads
branching off it.
James Ainslie, 245!Hayts Road, addressed the Board and stated
that he is for development where there is water and sewer. Mr.
Ainslie said that he sees no reason tolapprove another development
when there has not been any construction on some approved
developments.
u
Rosalind Grippi, 423 E. Seneca St.,' inquired about sewer
hook -up. Town Engineer Dan Walker responded that sewer is available
to the proposed project. Ms. Grippi expressed her concerns about
drainage in the development. Ms. Grippi mentioned the steep slopes.
John Whitcomb, 233'ITroy Road, addressed the Board and read aloud
comments into the record on behalf of the Conservation Advisory
Council Environmental Review Committee. The comments are as follows.
"There are many potentially large and important environmental
concerns with this project. the land involved has steep, erosible
slopes; streams and thfeir gorges; shallow soils; bedrock near the
surface (0 -3'); high water table (2+ feet); drainage directly to
Cayuga Lake; mature forest; scenic views both from and of the site$
etc. with respect toflora and fauna (EAF Part I: #11) although a
fall vegetation survey;' was done, it contains a disclaimer, since
spring and summer ephemerals could not'be observed; no similar
investigation of fauna was done. In addition, the CAC's Open Space
Committee has done a preliminary ranking of all natural areas
open -space parcels in {the Town, and that ranking gives this parcel a
high priority for preservation.
This is clearly alproject that "may have a significant
environmental impact "1i both because of,lits scale and its sensitive
site, and we recommend that the applicant be required to prepare a
full EIS."
A voice from the back of the room wondered about the sewer
hook -up on Rte. 89, and where the water would be coming from. Mr.
Walker said that the sewer hook -up would be east of the site, and
water is available off Orchard Hill Road and Happy Lane,
Town Planner Floyd Forman said that there would be a lot of fill
needed on the site.
Max Mattes, 1081 Taughannock Blvd., addressed the Board and
stated that he is very much concerned about the changes in topography
affecting the water flow. Mr. Walker responded that the hydrologic
hr
evaluation that has been done is very preliminary, and that is one of
the concerns that staff has, which has been discussed with the
developer. Mr. Walker said that one of the recommendations for
positive determination of environmental significance that staff is
making to the Board is because a more "in -depth analysis is needed of
the hydrology and thellhydraulics of the site, adding, that will be
addressed before any approvals are recommended by staff.
Planning Board -13 July 16, 1991
Myrtle Whitcomb, 233 Troy Road, appeared before the Board and
mentioned the Townwidell Survey that was 'sent out. Ms. Whitcomb stated
that 900 of the replie's identified this particular West Hill slope as
worthy of protection. Ms. Whitcomb said that she is of the
conclusion that there is a townwide concern of this particular area.
Ms. Whitcomb stated that she supports a Positive Declaration in this
case.
if
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There appearing to be no one else from the public who wished to
speak to this matter, ,Chairperson Grigorov closed the Public Hearing
and brought the matte rliback to the Board for discussion.
Chairperson Grigorov stated that the most promising aspect she
heard was the idea of pa few large lots combined with cluster of
smaller lots on level!larea at the top, but plan is about the same as
last time. Ms. Langhans said that she was surprised about the fact
that after having left them with the idea of the Planning Board
resolution of 25 lots,l they came back with practically the same
design.
Mr. Kenerson wondered about buildable lots because the Board
noted that there are some lots that are not buildable. Mr. Walker
responded that he reviewed it briefly and the level of design that
was done for this is n a prelimi
i nary stage.
I�
There appearing to be no further discussion, Chairperson Grigorov
® asked if anyone were prepared to offer "a motion.
if
MOTION by Virginia Langhans, seconded by James Baker.
WHEREAS.
1. This action is the Consideration of Preliminary Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax
Parcels No. 6- 22- 2 -2.2, 6- 22- 2 -2.9' and 6- 21 -1 -5, 57.4 + /- acres
total area, into 40 lots, with water and sewer improvements and
approximately 4,600 linear feet of`road. The proposed project,
known as Cayuga Lake Estates, is located off DuBois Road at the
end of Orchard Hill Road, Residence District R -30.
2. This is a Type I action based on criteria set forth in Town of
Ithaca Local Law No. 5 of 1988 providing for environmental review
of actions withinithe Town of Ithaca and 6 NYCRR Part 617.
3. The Town of Ithaca Planning Board, °by resolution adopted by the
Town Board on October 6, 1955, is authorized to approve plats for
subdivision within that part of the Town of Ithaca outside the
limits of any incorporated village.
4. The Chairperson of the Town of Ith "aca Planning Board has duly
notified other involved agencies of the intent to have the
® Planning Board designate itself lead agency for environmental
review for this action, and has received no objection to same.
Planning Board -14- July 16, 1991
® THEREFORE, IT IS RESOLVED:
That the Town of Ithaca Planning Board hereby designates itself
Lead Agency for environmental review for the proposed Cayuga Lake
Estates subdivision.
There being no furither discussion,, the Chair called for a vote.
Aye - Grigorov, Keners {on, Baker, Langhans, Smith, Hoffmann, Aronson.
Nay - None.
The MOTION was declared to be carried unanimously.
11 11
MOTION by Eva Hoffmann, seconded by Judith Aronson:
WHEREAS.
19 This action is thee' Consideration of Preliminary Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax
Parcels No. 6- 22- 2 -2.2, 6- 22- 2 -2.9, and 6- 21 -1 -5, 57.4 + /- acres
total area, into #0 lots, with water and sewer improvements and
approximately 4,60 '1 linear feet ofproad. The proposed project,
known as Cayuga Lake Estates, is located off DuBois Road at the
end of Orchard Hill Road, Residence District R -30,
2. This is a Type I action for which the Town of Ithaca Planning
A Board on July 16,, 1991 has designated itself Lead Agency for
environmental review for this action, having notified other
involved agencies;of intent to do so, and receiving no objection
to same.
3. The Planning Board, at its regular!Imeeting on July 16, 1991, has
reviewed and accepted as adequate the Long Environmental
Assessment Form, consisting of Part I as prepared by the
applicant, and Part II and Part III as completed by the Town
Planning and Engineering staff.
4. The Planning Board has determined, based on criteria set forth in
Town of Ithaca Local Law No. 5 of 1988 providing for
environmental review of actions within the Town of Ithaca and 6
NYCRR Part 617, that there exists a number of potentially
significant impacts to land and water resources associated with
the action as proposed, specifically related to: the presence of
a number of streams, ravines, steep slopes over significant
portions of the site, erodible soils, and wooded areas.
5. The Town Planning,Department has recommended, based on the
information presented and completion of Part II and Part III of
the Long Environmental Assessment Form, that a positive
determination of environmental significance be made for this
action.
® THEREFORE, IT IS RESOLVED:
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%0 Planning Board
-15-
July 16, 1991
That the Town of Ithaca Planning Board finds.
a. The location of the proposed project on the steep slopes
enumerated on the seven presentations may cause substantial and
severe drainage problems resulting!!in potential damage to the
down - stream properties and homes. i
b. As there is little depth to bedrock, such drainage problems may
also cause substantial erosion both on the site and off the site.
c. As stated by the Town Engineer, approximately 2,000 truckloads of
fill will have to be imported to the site and at present there is
inadequate engineering to show from whence the fill will come and
what changes in dnainageways may result from the installation of
such fill.
d. The proposal is an extension of anlalready over - extended cul de
sac of Orchard Hill Road which places the 40 new lot owners at
substantial risk with only one method of ingress and egress to
the project.
e. The proposal will produce substantial additional traffic on what
is at present a lightly used neighborhood road.
f. There is a possibility of additional impacts on land, water,
plants, animals, and aesthetic resources as set forth in Part III
of the Long Environmental Assessment Form, and as set forth in
the letter from the Tompkins County Planning Department dated
July 15, 1991, and supporting documents.
THEREFORE, IT IS FURTHER RESOLVED:
ii 11
That the Town of Ithaca Planning Board finds and determines that
the proposed action may include the potential for at least one
significant environmental effect, and
IT IS FURTHER RESOLVED.
That the Town of Ithaca Planning Board make and hereby does make
a positive determination of environmental significance for this
action.
There being no further discussion,uthe Chair called for a vote.
Aye now Grigorov, Kenerson, Baker, Langhans, Smith, Hoffmann, Aronson.
Nay - None.
The MOTION was declared to be carried unanimously,
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Chairperson Grigorov declared the Consideration of Preliminary
Subdivision Approval for the Cayuga Lake Estates Subdivision duly
closed.
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Planning Board -16- July 16, 1991
CONTINUATION OF REVIEW'IAND RECOMMENDATION TO THE CODES AND ORDINANCES
COMMITTEE WITH RESPECT TO A PROPOSED LOCAL LAW AMENDING THE TOWN OF
ITHACA ZONING ORDINANCE RELATING TO PERMITTED USES IN BUSINESS
DISTRICT "D ".
Chairperson Grigorov re- opened discussion on the above -noted
matter.
Town Planner F1oyd1Forman commented that the Town is in the
middle of a Comprehensive Plan and hopefully from that plan will come
a comprehensive rezoning of the Town.
Attorney Barney stated that the location of the "D" zones was not
because the Town wanted to isolate gasoline stations; it was the only
way, at the time the Zoning Ordinance was adopted, that one could
have a gasoline station.
Attorney Barney stated that one just does not see new gas
stations today that are gas stations -- they are a convenience store,
with gas tanks.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to offer °a motion.
MOTION by Stephen�Smith, seconded by Virginia Langhans:
RESOLVED, that the Town of Ithaca Planning Board recommend and
hereby does recommendijto the Town of Ithaca Codes and Ordinances
Committee that the proposed Local Law Amending the Town of Ithaca
Zoning Ordinance Relating to Permitted Uses in Business District "D"
be recommended to the�jTown Board for its approval. [Proposed Local
Law attached hereto as Exhibit #1.]
Aye - Grigorov, Kenerson, Baker, Langhans, Smith, Aronson.
Nay - Hoffmann.
if
The MOTION was declared to be carried.
Chairperson Grigorov declared the matter of a recommendation to
the Codes and Ordinances Committee in re Proposed Local Law Amending
the Zoning Ordinance Relating to Permitted Uses in Business District
"D" duly closed. q if
OTHER BUSINESS
Chairperson Carolyn Grigorov movedd, that the Board retire to
Executive Session to discuss matters that are being litigated.
Virginia Langhans seconded the motion."
The Board returned to public session. There being no further
business before the Board, Chairperson Grigorov asked for a motion
adjourn. V
to
"' Planning Board -17- July 16, 1991
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ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the July 16, 1991,
meeting of the Town of;,Ithaca Planning Board duly adjourned.
Respectful 'lly submitted,
Mary Bryant, Recording Secretary,
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
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LOCAL'ILAW N0. CF-THE YEAR 1991
I
A LOCAL LAW AMENDING THE TOWN OF ITH A
TO PERMITTED USES IN !BUSINESS DISTRICT DONING ORDINANCE RELATING
Be it enacted by the Town Board of the Town of Ithaca as
follows:
ft
The Zoning Ordinance of the Town of Ithaca as readopted,
amended, and revised effective ,February 26, 1968, and
subsequently amended,jlbe further amended as follows:
10 Article VII, Section 351 is amended by renumbering
subdivision 1 to be subdivision 2 and ' inserting the following as
a new subdivision 1: lI
I/10
� Any of the'' uses permitted "C Business Districts "
"B", and "C ". A ,
2. This law shall take effect up'lon its publication as
required by law. Ij
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ij
TOWN
OF
ITHAICA
LOCAL'ILAW N0. CF-THE YEAR 1991
I
A LOCAL LAW AMENDING THE TOWN OF ITH A
TO PERMITTED USES IN !BUSINESS DISTRICT DONING ORDINANCE RELATING
Be it enacted by the Town Board of the Town of Ithaca as
follows:
ft
The Zoning Ordinance of the Town of Ithaca as readopted,
amended, and revised effective ,February 26, 1968, and
subsequently amended,jlbe further amended as follows:
10 Article VII, Section 351 is amended by renumbering
subdivision 1 to be subdivision 2 and ' inserting the following as
a new subdivision 1: lI
I/10
� Any of the'' uses permitted "C Business Districts "
"B", and "C ". A ,
2. This law shall take effect up'lon its publication as
required by law. Ij
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�I d
ij
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