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HomeMy WebLinkAboutPB Minutes 1991-12-03t TOWN OF ITHACA PLANNING BOARD DECEMBER 3, 1991 FILED TOWN OF ITHACA Date The Town of Ithaca Planning Board met in regular session on Tuesday,. Ithaca, December 3, New York, at 7:00 1991, in Town Hall, 126 East Seneca Street, p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, Judith Aronson, Stephen Smith, Eva Hoffmann, Floyd Forman (Town Planner), George Frantz (Assistant Town Planner), Dan Walker (Town Engineer), John C. Barney (Town Attorney). ALSO PRESENT: Robert Aronson, Ed Hallberg, Gordon Suggs, Laura Brown, Nancy Bell, Chairperson Grigorov declared the meeting duly opened at 7 :10 p.m. AGENDA ITEM: INTERVIEWING OF CANDIDATES FOR PLANNING BOARD VACANCY, Robes+ The Interviewing Committee comprised of Virginia Langhans, KQnerson Karl Niklas, and David Klein were unable to proceed with the interviewing of the two candidates, Inger Jorgensen and Eva Hoffmann Mrs. Hoffmann being the only one present, for the Planning Board vacancy because of a problem which had arisen with respect to citizenship. Chairperson Grigorov 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 November 25, 1991, and November, 28, 1991, 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 the Clerk of the City of Ithaca, upon the Tompkins County Commissioner of Planning, and upon the applicants and /or agents, as appropriate, on November 29,%1991. Chairperson Grigorov read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PLANNER'S REPORT AND COMPREHENSIVE PLAN UPDATE. Town Planner Floyd Forman stated that he had spoken to State Assemblyman Martin Luster about speaking to the'Planning Board about "Incentive Zoning ", as recently passed by the Legislature and signed by Governor Cuomo of New York, Mr. Forman noted that the law goes into effect July 1992, Mr.. Forman explained that the law gives density or other bonuses to developers who are then able to give some amenity back to the Town, either financial, physical, social, or cultural, adding, as an example, the Town may allow a developer a 4 a ' Planning Board • higher density that it allows -2- in return for affordable the Town to negotiate. December 3, 1991 housing. Mr. Forman offered Mr. Forman commented that in a recent mailing the Planning Board was sent the West Hill Master Plan which was prepared by the City of Ithaca. Mr. Forman said that the item that relates to the Town, more specifically, is the idea (indicating on a map) of a collector road. Mr. Forman, reporting on the Comprehensive Plan, said that he hoped the recent influx of CPC minutes would help to keep the Planning Board up -to -date as to what the Comprehensive Planning Committee is doing, adding that the minutes would be sent to the Planning; Board on a continuous basis. MrJ. Forman said that, presently, the CPC is working on the Policies,', and at their next meeting will be working on Growth Management. Ms. Langhans wondered about the Plan going to the public before it came to the Planning Board. Mr. Forman. responded that the Plan will go for public presentation (not a public hearing) after each section is completed. Mr. Forman stated that the formal public hearings will come after the Planning Board has received the draft Plan. Chairperson Grigorov stated that if there were any further questions or comments on the Comprehensive „Plan then it could be discussed at the -end of the meeting. PUBLIC HEARING: CONSIDERATION OF MINOR MODIFIICATION OF THE DEER RUN SUBDIVISION APPROVED PLAT WITH RESPECT TO ROAD RELOCATION WITHIN THE APPROVED PHASE THREE -B AND MARCY COURTil PORTION OF SAID SUBDIVISION, LOCATED BACKLOT OF THE INTERSECTION OF TROY AND EAST KING ROADS, TOWN OF ITHACA TAX PARCEL NO, 6 -44 -1 -4.32, RESIDENCE DISTRICT R -15, DEER RUN INVESTORS, L.P., OWNERS; EDWIN A. HALLBERG, APPLICANT. Town,Engineer Dan Walker addressed the Board and indicated on the appended map the subdivision plat for Deer Run''Phase III -B and Marcy Court that was approved by the Planning Board and Town Board, with "this" roadway configuration. Mr. Walker noted that, originally, "this" little jog was put there to satisy some frontage requirements, however, since that time the number of lots has been reduced and the frontage requirement ceased to be a problem. Mr. Walker said that an island was left in the middle of the road which the Town Highway Department and Town Engineering Department were': concerned about in terms of maintenance. Mr. Walker stated that the proposed road alignment is acceptable from an engineering standpoint and from the Highway Department standpoint. Mr. Walker said that the island;; would be removed with the proposed road realignment. Mr. Walker stated that he felt that the proposal is a minor change because the number of lots does not change; the sizes of some of the lots change slightly, but all of the lots are still within the minimum size and meet the minimum setbacks and frontage requirements. R ' Planning'Board -3- December 3, 1991 Chairperson Grigorov noted that this was a,, Public Hearing and asked if there were anyone from the public who had any comments or questions. Gordon Suggs, of 340 Saranac Way, appeared before the Board and stated that he was concerned about drainage.i; Mr. Walker responded that he did not anticipate any problems, because there would not be any major change to the drainage. Mr. Hallberg offered that the drainage''is underground and is controlled by gutters and underground storm sewers. Nancy Bell, of 342 Saranac Way, addressed „the Board and wondered if there would be less chance of her seeing the neighbors in back of her home with the new road configuration. Mr. Hallberg replied that the big hedgerow behind Ms. Bell's home would be'left intact. There appearing to be no one else from the public who wished to speak to this matter, Chairperson Grigorov cl6sed the Public Hearing and brought the matter back to the Board for discussion. Chairperson Grigorov noted, for the record, „that Eva Hoffmann and herself viewed the site. Ms. Hoffmann stated that she felt the proposed modification is an improvement over what it would have been. • There appearing to.be no further discussion',;or comments from the Board, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by Virginia Langhans: WHEREAS. 1. This action is the consideration of the modification of Final Subdivision Approval for the Phase III -B and Marcy Court Phase of the "Deer Run” clustered subdivision, located backlot of the intersection of Troy and East King RoadsF on Town of Ithaca Tax Parcel No. 6 -44 -1 -4.32, Residence District, R -15. Phase III -B consists of 29 lots on Whitetail Drive and' the Marcy Court Phase consists of 13 lots. 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. On March 17, 1987, the Planning Board, acting environmental review, made a negative environmental significance for the proposed o plat for the entire subdivision and'' subdivision approval. 49 On June 27, 1989, the Planning Board realff determination of environmental significance as Lead Agency for determination of riginal preliminary granted preliminary irmed its negative for a modified plat z Planning Board -4- December 3, 1991 for Phase III and thereupon granted preliminary subdivision approval. On June 19, 1990, the Planning Board, citing its reaffirmation of negative environmental significance of June 27, 1989, granted final subdivision approval to Phase III -B and the Marcy Court Phase. 5. The Planning Board, at Public Hearing on December 3, 1991, has reviewed the Short Environmental Assessment Form and an environmental assessment of the proposed action prepared by the Assistant Town Planner, the proposed mofi'fication as shown on a plat entitled "Subdivision Plat for Deer Rub Subdivision - Phase III -B and Marcy Court ", prepared by George Schlecht, P.E., L.S. and dated October 30, 1991, and other application materials. 6. The Assistant Town Planner has recommended a negative determination of environmental significance.,, 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 Chaircalled for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Virginia Langhans, seconded by Judith Aronson. WHEREAS. 1. This action is the consideration of the modification of Final Subdivision Approval for the Phase III -B and °Marcy Court Phase of the "Deer Run" clustered subdivision, located backlot of the intersection of Troy and East King Roads, on Town of Ithaca Tax Parcel No. 6 -44 -1 -4.32, Residence District R -15. Phase III -B consists of 29 lots on Whitetail Drive and the Marcy Court Phase consists of 13 lots. 2. This is an Unlisted action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on December 3, 1991, made a negative determination of environmental significance. 3. The Planning Board, at Public Hearing on December 3, 1991, has reviewed the Short Environmental Assessment Form and an environmental assessment of the proposed action prepared by the Assistant Town Planner, the proposed modi;�fication as shown on a plat entitled "Subdivision Plat for Deer Run Subdivision - Phase III -B and Marcy Court ", prepared by George Schlecht, P.E., L.S. and dated October 30, 1991, and other application materials. Planning Board -5- December 3, 1991 n • THEREFORE, IT IS RESOLVED: That the Planning Board approve and hereby does app proposed modifications to the Phase III -B and Marcy Court the "Deer Run" clustered subdivision as shown on the plat "Subdivision Plat for Deer Run Subdivision -Phase III -B Court ", prepared by George Schlecht, P.E., L.S. dated Oct 1991. There being no further discussion, the Chair called for a Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None, The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the consideration of minor modification of the Deer Run Subdivision Approved Plat with respect to road relocation duly closed at 7:55 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO A PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE MODIFYING THE PERMISSIBLE USES IN AN INDUSTRIAL ZONE, Town Planner Floyd Forman addressed the issue that in Industrial • Districts buildings and land may be used for any lawful purpose except for dwelling units, adding that one cannot build a house in an Industrial Zone, Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present wished to speak. No one ispoke. Chairperson Grigorov closed the Public Hearing and brought 'the matter back to the Board for discussion. The Board, along with Mr. Forman, held a discussion with respect to the Industrial Zone on Danby Road of 'which NCR owns a large chunk. Mr. Forman said that the questionable portion of land is the former NCR sales office which is on a four -acre site on Danby Road, adding that the Town Board affirmed that it was part of the Industrial Zone. Mr. Forman stated that someone is interested in putting commercial on that sales office site, presently an allowed use on that site. Mr. Forman stated that the NCR property is the only Industrial District in the Town of Ithaca. There appearing to be no further discussion," Chairperson Grigorov asked if anyone were prepared to make a motion.' MOTION by Mrs. Eva. Hoffmann, seconded by Mrs. Virginia Langhans: RESOLVED, that the Planning Board recommend and hereby does • recommend to the Town Board the adoption of the Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Modifying the Permissible Uses in an Industrial Zone, however," with the addition of rove the Phase of entitled and Marcy ober 30, vote. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the consideration of minor modification of the Deer Run Subdivision Approved Plat with respect to road relocation duly closed at 7:55 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO A PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE MODIFYING THE PERMISSIBLE USES IN AN INDUSTRIAL ZONE, Town Planner Floyd Forman addressed the issue that in Industrial • Districts buildings and land may be used for any lawful purpose except for dwelling units, adding that one cannot build a house in an Industrial Zone, Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present wished to speak. No one ispoke. Chairperson Grigorov closed the Public Hearing and brought 'the matter back to the Board for discussion. The Board, along with Mr. Forman, held a discussion with respect to the Industrial Zone on Danby Road of 'which NCR owns a large chunk. Mr. Forman said that the questionable portion of land is the former NCR sales office which is on a four -acre site on Danby Road, adding that the Town Board affirmed that it was part of the Industrial Zone. Mr. Forman stated that someone is interested in putting commercial on that sales office site, presently an allowed use on that site. Mr. Forman stated that the NCR property is the only Industrial District in the Town of Ithaca. There appearing to be no further discussion," Chairperson Grigorov asked if anyone were prepared to make a motion.' MOTION by Mrs. Eva. Hoffmann, seconded by Mrs. Virginia Langhans: RESOLVED, that the Planning Board recommend and hereby does • recommend to the Town Board the adoption of the Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Modifying the Permissible Uses in an Industrial Zone, however," with the addition of a Planning Board -6- December 3, 1991 a provision that would grandfather those „proposals for which applications for site plan review had been received prior to the adoption of this local law. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. ir Nay - None, The MOTION was declared to be carried unanimously. as Exhibit #1]. Chairperson Grigorov declared the matteril,of Proposed Local Law P g P Amending the Zoning Ordinance Modifying the Permissible Uses in an Industrial Zone duly closed at 8:04 p.m. PUBLIC HEARING, CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO A PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE TOWN ''ENGINEER IN CERTAIN CIRCUMSTANCES. Town Planner Floyd Forman stated that the prroposed law allows for • ministerial action for small amounts of fill removal or addition. Mr. Forman said that someone adding or substracting from their property less than 250 cubic yards of fill would not have to go before the ZBA in order to secure a special permit, the Town Engineer would be allowed to authorize that. Chairperson Grigorov noted that this was a,1 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 Mr. Stephen Smith, seconded by Mrsi. Judith Aronson. RESOLVED, [Proposed Local Law amending the Town of Ithaca Zoning Ordinance modifying the permissible uses in an Industrial Zone attached to Permits for hereto as Exhibit #1]. Chairperson Grigorov declared the matteril,of Proposed Local Law P g P Amending the Zoning Ordinance Modifying the Permissible Uses in an Industrial Zone duly closed at 8:04 p.m. PUBLIC HEARING, CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO A PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE TOWN ''ENGINEER IN CERTAIN CIRCUMSTANCES. Town Planner Floyd Forman stated that the prroposed law allows for • ministerial action for small amounts of fill removal or addition. Mr. Forman said that someone adding or substracting from their property less than 250 cubic yards of fill would not have to go before the ZBA in order to secure a special permit, the Town Engineer would be allowed to authorize that. Chairperson Grigorov noted that this was a,1 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 Mr. Stephen Smith, seconded by Mrsi. Judith Aronson. RESOLVED, that the Planning Board recommend and hereby does recommend to the Town Board the adoption of 'the Proposed Local Law Amending the Town of Ithaca Zoning Ordinance Relating to Permits for Distributing Fill and Authorizing Issuance of Permits by the Town Engineer in Certain Circumstances, as proposed. There being no further discussion, the Chaircalled for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. • Nay - None. The MOTION was declared to be carried unanimously. W liv Planning Board -7- December 3, 1991 • [Proposed Local Law Amending The Town Of Ithaca Zoning Ordinance Relating To Permits For Distributing Fill And Authorizing Issuance Of Permits By The Town Engineer In Certain Circumstances attached hereto as Exhibit #2]. Chairperson Grigorov declared the matter of the subject proposal Local Law duly closed at 8:15 p.m. AGENDA ITEM: DISCUSSION OF THE POSTPONEMENT OF';j THE PUBLIC HEARING IN THE MATTER OF THE PROPOSED CORNELL UNIVERSITY TENNIS FACILITY OFF PINE TREE ROAD TO DECEMBER 17, 1991. Town Planner Floyd that he had not been tonight's meeting. Mr. with Cornell, and the Forman stated that his as many Board Members Forman said that Cornel December 17, 19916 Forman, referring to the 'postponement, stated sure there would have been a quorum present for Forman offered that staff has been working y have provided the requested information. Mr. intention, in working with Cornell, is to have present as possible at the Board meeting. Mr. 1 has agreed to reschedule the meeting for APPROVAL OF MINUTES - April 16, 1991 MOTION by Judith Aronson, seconded by Virginia Langhans: RESOLVED, that the Minutes of the Town of Ithaca Planning Board • Meeting of April 16, 1991, be and hereby are approved with the following addition. 1. That, with respect to Exhibit No. 2, Meeting Notes - CAC Environmental Review Committee, April 1, 19911 it be noted that the CAC /ERC minutes were submitted by Eva Hoffmann. There being no further discussion, the Chair, called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. APPROVAL OF MINUTES - May 7, 1991 MOTION by Virginia Langhans, seconded by Robert Kenerson. RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of May 7, 1991, be and hereby are approved with the following additions and corrections: 1. That, on Page 1, the following should be added at the bottom of the page. "The following items attached hereto as Exhibit A -- • 1. e. Proposed Draft Scope. p 0 • Planning Board -8- 2. Amendment to proposed Scope of D /GEIS. 3. Town Board Resolution. 4. What is a G /EIS." December 3, 1991 Issues and"outline for the 2. That, on Page 18, paragraph 7, the noted Exhibits should be cited as Exhibit No. 3, and Exhibit No. 4. 3. That, on Page 19, paragraph as Exhibit No. 5. 1, the noted Exhibit should be cited There being no further'discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. APPROVAL OF MINUTES - October 15, 1991 MOTION by Virginia Langhans, seconded by Eva Hoffmann. RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of October 15, "1991, be and hereby are approved with the following correction. 1. That, on Page 13, Paragraph #4, add sentence #12 as follows. "Chairperson Grigorov thought that Peregrine Hollow should have their own park which could be contiguous to the Town's Eastern Heights Park ". There being no further!'discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann. Nay - None. Abstain - Aronson. The MOTION was declared to be carried. i APPROVAL OF MINUTES - November 5, 1991 MOTION by Robert Kenerson, seconded by Virginia Langhans: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of November 5, 1991, be and hereby are approved with the following correction: 1. That, on Page 1 of Exhibit #1, Paragraph #1 .should be deleted. There being no further: discussion, the Chair called for a vote. • Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann. Nay - None. Abstain - Aronson. k C, • Planning Board -9- December 3, 1991 The MOTION was declared to be carried. PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF APPROXIMATELY 09032 ACRES FROM TOWN OF ITHACA TAX PARCEL NO. 6 -61 -1 -14.6, LOCATED AT 118 SNYDER HILL ROAD, FOR CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL NO. 6 -61 -1 -14.5, LOCATED AT 3 SUGARBUSH LANE, RESIDENCE DISTRICT R -15. VINAY AND SAGA AMBEGAOKAR, APPLICANTS AND OWNERS OF TAX PARCEL NO. 6 -61 -1 -14.5; HOLLIS ERB, OWNER OF TAX PARCEL N0, 6 -61 -1 -14.6. Assistant Town Planner George Frantz addressed the Board and stated that Mr. Erb wishes to sell a small corner of his lot to Vinay and Saga Ambegaokar. Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present wished to speak. No onespoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. The Board held a brief discussion on the matter. At this point, represents Vinay representing them Attorney Barney stated, and SagajAmbegaokar from in conjunction with this for the record, that he time to time, but he is not application. There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to make a motion. MOTION by Mr. Stephen Smith, seconded by Mr. Robert Kenerson: WHEREAS: 1. This action is the Consideration of Subdivision Approval for the proposed subdivision of approximately 0.032 acres from Town of Ithaca Tax Parcel No. 6 -61 -1 -14.6, located at 118 Snyder Hill Road, for consolidation with Town of Ithaca Tax Parcel No. 6 -61 -1 -14.5, located "at 3 Sugarbush Lane, Residence District R -15. [ Vinay and Saga Ambegaokar, Applicants and Owners of Tax Parcel No. 6-61-1-14.6j 118 Snyder Hill Road'.] 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. 39 The Planning Board, !at Public Hearing on December 3, 1991, has reviewed the Short Environmental Assessm''ent Form and other application materials. THEREFORE, IT IS RESOLVED:' That the Planning Board make and hereby does make a negative • determination of environmental significance for this action as proposed. Planning Board -10- December 3, 1991 There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Judith Aronson, seconded by Virginia Langhans: WHEREAS. 1. This action is the Consideration of Subdivision Approval for the proposed subdivision of approximately 0.032 acres from Town of Ithaca Tax Parcel No. 6 -61 -1 -14.6, located at 118 Snyder Hill Road, for consolidation with Town of Ithaca Tax Parcel No. 6 -61 -1 -14.5, located at 3 Sugarbush Lane, Residence District R -15. [ Vinay and Saga Ambegaokar, Applicants and Owners of Tax Parcel No. 6 -61 -1 -14.5, 3 Sugarbush Lane; Hollis Erb, Owner of Tax Parcel No. 6 -61 -1 -14.6, 118 Snyder Hill Road.] 2. This is an Unlisted action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on December 3, 1991, made a negative determination of environmental significance. 3. The Planning Board, at Public Hearing on December 3, 1991, has • reviewed the Short Environmental Assessment Form 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 subdivision as shown on the plat entitled "Survey Map -- No. 118 Snyder Hill Road ", dated August 51 1991, amended September 16, 1991, signed and sealed by Allen T. Fulkerson, L.L.S., upon the following conditions: a. The lands being subdivided shall be transferred to Vinay and Saga Ambegaokar within six months of the date of this approval. b. If not so conveyed, this approval shall be terminated and void. • c. The parcel so subdivided shall be, upon such transfer, consolidated with the Ambegaokar parcel. A Planning Board -11- There being no further, discussion, December 3, 1991 the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Smith, Hoffmann, Aronson. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Final Subdivision Approval of the Ambegaokar /Erb One -Lot Subdivision and Consolidation duly closed. AGENDA ITEM. PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Grigorov closed this portion of the meeting. AGENDA ITEM. CONSIDERATION OF 1992 PLANNING BOARD MEETING SCHEDULE. Town Planner Floyd Forman offered that State Assemblyman Martin Luster would be appearing before the Planning Board to discuss zoning, ladding that it ;would probably be at the February meeting. Chairperson Grigorov noted`that there would be further discussion on the Planning Board schedule at the December 17, 1991 Planning Board meeting. OTHER BUSINESS. Chairperson Grigorov stated that a nominating committee has to be appointed for the selection of Planning Board Chairman and Vice Chairman. Chairperson Grigorov appointed Boardimembers Stephen Smith and Virginia Langhans, Mr. Forman discussed' the rescheduling of the meeting regarding the Cornell Tennis Facility. Mr. Forman noted that he spent a lot of time with Cornell regarding a specific meeting date, as opposed to an "on" or "about" type of situation, adding that he does not want the applicant to leave a meeting feeling as though the Board would be scheduling them on the Agenda in three years. Mr. Forman said that, on the other hand, if 'the Board sets a specific date, if not a specific time, it makes it such that sometimes it can be a real problem rescheduling. Mr. Forman commented that he hoped the Board would come up with something that says on or about, or approximately, or within thirty days, adding that that gives some flexibility as to the Board making sure there is a quorum for a meeting. Mr. Kenerson inquired about Cayuga Lake Estates, Mr. Forman replied that the Town has not heard from the developer. Mr. Kenerson reported that he had attended the New York Planning Federation Conference. Mr. Kenerson said that comprehensive planning • was discussed extensively. Mr. Kenerson stated ii that it was a good program. Mr. Kenerson offered that the NYPF Conference will be held in Niagara Falls next year: Planning Board -12- December 3, 1991 • Mr. Forman reported that he had attended the County Wetlands Conference. Mr. Forman said that it was interesting, but felt that one thing missing was more specifics relating to State law. Mr. Forman stated that the Conference was very comprehensive in terms of showing one what a wetland is, why it is a wetland, what its function is, and in some ways fairly technicial. Mr. Forman said that, overall, it was certainly''worth attending, and noted that the cost of attending was very minimal. Mr. Forman stated that the Conference was helpful both from a technicial standpoint in terms of understanding wetlands and their function, and it was somewhat helpful on Federal law; State law was reasonably helpful; there was a person there from the DEC who was most helpful. Mr. Forman commented that it would have been nice to have someone from the Corps of Engineers. Virginia Langhans offered that she had attended the Open Space Conference. Chairperson Grigorov said that she had also attended the Open Space Conference. ADJOURNMENT, Upon,Motion, Chairperson Grigorov declared the December 3, 1991, meeting of the Town of Ithaca Planning Board duly closed. Respectfully submitted P Y Mary S. Bryant, Recording Secretary, • Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. u O • u .may TOWN OF ITHACA LOCAL LAW N0. OF THE YEAR 1991 A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE MODIFYING THE PERMISSIBLE USES IN AN INDUSTRIAL ZONE Be it enacted b y the Town Board of the Town of Ithaca as follows: Section 1. The Zoning Ordinance of the Town of Ithaca as re- adopted, amended, and revised, effective February 26, 1968, and subsequently amended, be further amended as follows. 1. Article X, Section 47, the opening paragraph, is amended 'to read as follows. "SECTION 47. Use Regulations. In Industrial Districts buildings and land may be used for any lawful purpose except as set forth below and except that all uses of land and buildings, and industrial processing that may be noxious or injurious by reason of the emission of dust, smoke, refuse matter, water carried waste, odor, gas, fumes, noise, vibration, or similar substances or conditions may be permitted only upon special approval of the Board of Appeals. Such industries as the following shall require such approval:... " 2. Article X, Section 47, is amended by adding at the end thereof the following: "The following uses are prohibited in an Industrial District: (a) Any dwelling unit_ (b) Sales of any products at retail to the general public,' except as the same may be related to and an incidental by- product of a permitted principal such as manufacturing. (c) Restaurants of any nature except for cafeterias or other similar facilities that are incidental to and related specifically to a permitted principal use such as manufacturing. (d) Motel. (e) Hotel." Section 2. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall 11 remain in full force and effect. Section 3. This Iaw shall take effect immediately. 0 Y • • I uu F 0, 2� D TOWN OF ITHACA j 1 LOCAL LAWINO. OF THE YEAR11991 WN OF ZCNIN A LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE RELATING TO PERMITS FOR DISTRIBUTING FILL AND AUTHORIZING ISSUANCE OF PERMITS BY THE TOWN ENGINEER IN CERTAIN CIRCUMSTANCES. Be follows: it enacted by the Town Board of the Town of Ithaca as The Zoning Ordinance of the Town of Ithaca as readopted, amended and revised effective February 26,, 1968, and thereafter further amended, is further amended as follows: Section 1: Article XIII, Section 70, is hereby amended to read as follows: "SECTION 709 Extraction ?or Deposit of Fill and Related Products 10 In any district no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials (hereinafter referred to collective''ly as "fill") shall be deposited or removed or offered for sale in any one year, except in connection with a „public work on the property or the removal of silt,or other recently accumulated material that blocks a normal flow of a water course, without the special approval of the Board of Appeals. 2. In applying for such approval, the applicant shall submit to the, Board a plan of the proposed project, showing property lines, and 'adjacent public ways, grades and depths of proposed deposit or removal, soil types or fill types to be depositedlor removed, erosion control during and after construction, projected duration of project, proposed regrading and replanting of the property upon. completion of'' the operation, and such other items as the Board or' Town Engineer may require to adequately review the proposed project. 3. The Board shall not act until the Town Engineer has .reviewed such plan and advised the Board that in his professional opinion the plan adequately protects the property and %surrounding properties from significant adverse consequences of such deposit or removal, including, when completed, adverse drainage, erosion, visual or other adverse impacts., Before issuing a special approval, the Board shall make the same findings as are required for the Engineer's opinion: In considering the proposed use the Board shall take into account' the distance of the operation from • • 1 11 fillexc.112, wp41, ith, , 11/8/91 3610pm i neighboring property and public ways, the possible detriment of such use to the future development of the land in question, and significant nuisance or detriment of the operation to neighboring landowners and to the community as a, whole. 49 The Board may impose such conditions upon the applicant as it deems necessary to protect the general welfare of the community, which may include; a, time limit upon operations, standards for performance, and the requirement that a performance bond be posted to insure compliance with the requirements of this ordinance and with any further reasonable conditions imposed by the Board. 5. In the event that the proposed movement of material involves the deposit or extraction, of more than 2,500 cubic yards, the matter shall first be referred to the Planning Board for its recommendation before the Board of Appeals makes its final decision. 6. In the event that the proposed'', movement of fill involves the deposit or extraction of less than 250 cubic yards, the Town Engineer may grant written approval provided that the Engineer determines, before issuing the approval that the proposed plan (a) Provides for appropriate erosion control during and after construction; (b) Protects against adverse drainage on the subject property and surrounding properties; (c) Provides ' for appropriate revegetation when necessary; (d) Provides !'for appropriate slope controls; and (e) Does not, adversely affect properties surrounding the designated site both during and after removal or deposit of the fill. The Town Engineer may impose such ',conditions upon the applicant as the Engineer deems necessary to protect the general we of the community, which may include a reasonable "time limit upon operations, reasonable standards for '::performance, and the:, requirement that a performance bond or other security in a reasonable amount be posted to insure compliance with the requirements of this Ordinance and with any further reasonable conditions imposed by the Engineer. 2 • • L' fillexc.112, wp41, ith, if 1.1/8/91 3:10pm 5 7. The following,,are excepted from the requirements set forth above. (a) Any normal building operation in connection with a legal building permit, such as excavation, filling, or grading, shall be excepted from the provision's of this Section provided, however, that this exception shall apply only where the total amount of material moved from one place to another place on „the construction site,is less than 700 cubic yards and where the total amount of material removed from the constructionIsite to an off -site location (or brought to the construction site from an off -s „ite location) is less than 500 cubic yards. For the purpose of this section a "construction site” consists of the larger of the following areas. (i) an area of 30,000 square feet in which the proposed construction is to be located; or the area contained within the footprint of the proposed structure, plus an additional 50 feet adjacent to the perimeter of the proposed structure. (b) Removal or deposit of fill in connection with the construction of a septic field or septic system on an individual lot pursuant to a permit obtained from the Tompkins County Health Department. (c) Removal or deposit of fill iin connection with construction in accordance with a site plan approved 'by the appropriate Town authority (e.g. Town Board, Town Planning Board or Zoning Board of Appeals) provided that such construction occurs within three years of the final approval of such authority or by December 31, 1992, whichever is later. Notwithstanding the foregoing, as to any site plan approvals granted on and after January 1, 1992,° if fill is being removed to or from another site in the Town, and if the plans for the removal from, or deposit on, such other site were reviewed by the Town Engineer and the Board granting such approval was advised of the results of such', review and specifically included the proposed disposition of such fill in its approval, no further approval under this section 70 shall be required provided the construction occurs within the time limits set forthi above. If the 3 R • • r� fillexc.112, wp41, ith, , 11/8/91 3:10pm disposition of fill was not specifically approved by the applicable Board in connection with any such post December 31, 1991 approvals, this exception shall not apply and :the applicant shall be required to obtain special approval for the deposit or removal of fill relative to such other site in accordance with the terms of this Section 70. (d) Removal,, movement,, or deposit of not more than 500 cubic yards of fill in an Agricultural Zone in any three year period in conjunction with one or more bona fide „agricultural uses. (e) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved in accordance with the requirements of the Town of Ithaca Planning Board provided, however, that (i) plans for such construction showing in sufficient detail the proposed removal and /or deposit of fill (including, when removal from or deposit on to an off -site location is contemplated, adequate plans of such off -site location showing the required information relative to„ the disposition or removal of fill to or from same) were submitted to the Planning Board and approved by the Town Engineer in conjunction with the subdivision approval, or! th'e Planning Board expressly waived the requirement of submission of such drawings and the total amount of fill to be either deposited or removed is „less than 500 cubic yards. (f) Removal or deposit of fill in connection with construction of roads and other facilities in a subdivision approved on or before January 1, 1992, in accordance with the requirements then in effect of the Town of Ithaca Planning °,Board provided such removal or fill occurs no more than three years after the granting of final subdivision approval by the Town Planning Board or before December 31, 1992, whichever date is later. Section 2: If any provision of this local law is held invalid. by a court of ;competent jurisdiction, such invalidity 4 . V o e fillexce112, wp41, ith, , 11/8/91 3 :10pm •shall not affect any other provisions of this local law which shall remain in full force and effect. Section 3e This Local Law shall take effect upon its publication as required by law. • 5 AFFIDAVIT OF PUBLICA TION FiN id I I ' 'HE ITHACA JOURNAL State of New York, Tompkins Countv, ss.: Gall Sullins being duly sworn, deposes and says, that she /he resides in Ithaca, county and state aforesaid and that she /he is Clerk so 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 �nd that the first publication of said notice was on the day of h�? e �� 19 1�1� Subscri el and sworn to before me, this of j 9 OF • /vl day - Notary Public. JEAN FORD Notary Public, State c NO. 4654 ?0 Qualified in TcmP1\!1"1S romm;ssion expires May TON �.v Yol NO TUE; By c COUni , of tl 31t 19 TICE Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday,; December 3, 1991, in Town Hall, 126 East Seneca Street, Ithaca, NY, at the following' times and on the following matters: 7:35 P.M. Consideration 'of minor modification of ,the Deer Run Subdivision' Ap`; proved Plat with respect to road relocation within .f He approved Phase Three -B arid Marcy Court portion of said Subdivision, located backlot, of the intersection of Troy. and East King Roads, Town of Ithaca Tax Parcel No, 6-44 -1 =i 4.32, Residence District R -15.:' Deer Run Investors, L. P. Owners; ,Edwin A. Hallberg,= Applicant. 7:50 P.M. Consideration of 'a recommendation to the Town. Board with respect to a pro- posed Local Law Amending the Town of Ithaca Zoning Ordinance Modifying the Permissible Uses in an Indus -. trial Zone. •si'• 8:05 P.M. Consideration of at recommendation to the Town' Board with respect to a pro- posed Local Low Amending the Town of Ithaca Zoning Ordinance Relating to Per -- mits for Distributing Fill and" Authorizing Issuance of Per = mits by the Town Engineer in Certain Circumstances. "" 8:20 P.M. Consideration of Subdivision Approval for the proposed subdivision of ap- proximately 0.032 acres from. Town of .Ithaca Tax Parcel No. 6 -61 -1 -14.6, located at. 118 Snyder Hill Road, for. consolidation with Town of Ithaca Tax Parcel No. 6- 61 -1 =- 14.5, located at 3 Sugarbush", Lane, Residence District R -15. Vinay and Saga Ambegao- kar, Applicants and Owners of Tax Parcel No. .6-61-1-,-, 14.5; Hollis Erb,. Owner of Tax Parcel No. 6 -61 -1 -14.6. '.? Said Planning Board will at said times and said place hear all persons io support of such matters or 'objections., thereto. Persons N ORITHACA PLANNING BOARD may appear 1 by agent in CE OF PUBLIC HEARINGS or person. DAY,.DECEMBER 3, 1991 dean H. Swartwood ire_ction of the Chairman Town Clerk 273 -1721 ie Planning Board, NO- November 28, 1991 IS= :HEREBY GIVEN that