HomeMy WebLinkAboutPB Minutes 1992-09-15i
. TOWN OF ITHACA PLANNING BOARD
SEPTEMBER 15, 1992
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AILED
TOWN OF ITHACA
The Town of Ithaca Planning Board met in regular session on
Tuesday, September 15, 1992, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p'.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James
Baker, Stephen Smith, Virginia Langhans, Dan Walker (Town
Engineer), Floyd Forman (Town Planner), Richard Eiken
(Planner), John Barney (Town Attorney).
ALSO PRESENT: John Murray, Morris Angell, David Sparrow, B.C.
Anderson, Nancy Ostman, Judy Malloy, Bernie Malloy, Ed
Hallberg, Peter Newell, Charles Guttman, Esq.
Chairperson Grigorov declared the meeting duly opened at 7:38
p.m. and accepted for the record the Clerk's Affidavit of Posting and
'IPublication of the "Notice of Public Hearings in Town Hall and the
,Ithaca Journal on September 4, 1992, and September 10, 1992,
;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 September
9, 1992.
ki
AGENDA ITEM:
There
,closed this
AGENDA ITEM:
PERSONS TO BE HEARD,
were no persons persent
segment of the meeting.
to be heard. Chairperson Grigorov
REPORT OF THE TOWN PLANNER.
Town Planner Floyd Forman addressed the Planning Board
stating
that Richard Eiken,
Planner
I, had passed out the fifth draft
of the
EPOD legislation.
There are
not many changes between the
fourth
draft and the fifth
draft.'
The other
item is that
on the 29th of September, there will
be a
meeting of the Comprehensive
Planning Committee on Chapters 4,
5, and
6 at NCR at 7:30
p.m.
The EPOD meeting will be held tomorrow night, September 16, 1992
at NCR.
Cornell University has been making revisions dealing with the
GEIS, but at this time, it is not known what the changes are,
hopefully, at the next Planning Board Meeting. Later in the evening,
the Planning Board will be receiving information concerning
,'amendments to the Subdivision Regulations. Some of the changes
relate to timing, sign laws the Town Board passed, and coordinating
Ii
'Planning Board 1lllll`2- September 15, 1992
- liwith the Subdivision Regulations and updating them compared to what
is now actually now going on. Road grades have been defined. Ten
percent had been suggested for minor roads and eight percent had been
"suggested for major roads.. The Planning Board can waive subdivision
regulations on road,grades.�
Chairperson Grigorov asked Mr. Forman about the developer coming
to the Board sooner, 20 days instead of 10 days. Mr. Forman stated
it is 20 working days 'or actually 30 days, this can be waived as
`well. In the Zoning Regulations it is the Zoning Board of Appeals
'that has to grant variancesl;.
`;PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN OF
! ITHACA TOWN BOARD WITH RESPECT TO A PROPOSAL TO REZONE TOWN OF ITHACA
;TAX PARCELS NO. 6- 414.1, -1 -1 THROUGH -37, 23.0 + /- ACRES TOTAL, FROM
'MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R -30 (11.8+/ -
ACRES) AND RESIDENCE DISTRICT R -15 (11.2 + /- ACRES). PROPERTY IS THE
CHASE POND SITE LOCATED 'ON EAST KING ROAD ACROSS FROM CHASE FARM
LANE, MULTIPLE RESIDENCE DIiSTRICT. CITIZENS SAVINGS BANK, OWNER;
'HOSPICARE OF TOMPKINS COUNTY, APPLICANT; PETER NEWELL, ARCHITECT,
AGENT.
Peter Newell, Architect for Hospicare, addressed the Board
,stating that there is nothing more to add since the last meeting,
,except where the division i''s and how close the property line is and
`'Hospicare is basically asking for approval from the Planning Board
• and if the members of the Planning Board have any questions they
would like to ask concerning the Hospicare project.
Chairperson Grigorov noted that this is a Public Hearing and
asked if there were anyone who wanted to address the Board concerning
the proposal.
Ed Hallberg, who owns the Deer Run property northeast and east
of the Chase Pond site, addressed the Board concerning a letter he
had written for the last Board meeting, fully endorsing the Hospicare
project and the people doing the project, and stated that the
neighborhood looks forward to seeing Hospicare being a part of their
neighborhood and community.'`
Mr. Hallberg. stated that he had spoken to Bernie Malloy
concerning the sewer line that comes out of Chase Farm, cuts across
this property, and becomes "the sewer backlot of White Tail Drive and
'East King Road. The sewer pipe is surrounded by stone and acts like
a gutter and with a good rain it has the potential to flood some of
the lots in the Chase Pond site. Mr. Hallberg stated he felt that
with a couple of water stops, it would help to alleviate the problem
and channel the water down White Tail Drive to the storm drains of
East King Road and Troy Road, however, these drains will not be able
to handle much more water. The water needs to be diverted back
toward the creek. '
• Chairperson Grigorov asked Mr. Hallberg if the sewer lines are
okay. Mr. Hallberg; responded, yes.
Planning Board
-3-
September 15, 1992
• Chairperson Grigorov noted again that this was a Public Hearing
and asked if anyone else present wished to speak. No one spoke.
Chairperson Grigorov closed the Public Hearing and brought the matter
back to the Board for discussion.
U
•
Richard Eiken, Planner
I, of the Town of
Ithaca, stated
that the
Board members should
have
received a map
of the proposed
rezoning
boundaries. Mr. Eiken
stated
that there will
be a small
multiple
residence area which
is
directly east of
the other site,
which is
about 2.7 acres
[Sketch
Plan
Showing Proposed
Zone Change
attached
hereto
as Exhibit
#11.
Virginia Langhans asked Mr. Eiken what can be put on 2.7 acres
zoned multiple residence.
Mr. Eiken stated that a small neighborhood apartment complex, 20
units reasonably, could be built.
Mr. Robert Kenerson stated that Bill Manos owns this property
and it is up to Mr. Manos if he wants to change his usage and put it
in R -30 or R -15.
Ms. Langhans asked if Bill Manos had been notified.
Floyd Forman,:: Town Planner, stated he did not call Mr. Manos.
If the Planning Board decided that that is what they want to do, the
other portion will be R -15, and Mr. Manos will be contacted. Mr.
Forman's only concern, from the Town - Planner's perspective, the
reason Mr. Manos was not contacted, was that Mr. Forman and Town
Attorney John Barney did not want to slow up Hospicare.
Stephen Smith asked if it
resolution.
Town Attorney John ,Barney
Manos, if the direction the Board
Mr. Manos should be provided an
Board and the Planning Board.
were possible to put it in a
stated that, in all fairness to Mr.
wants to go is for R -15 and R -30,
opportunity to come before the Town
Chairperson Grigorov asked the Board if anyone else had any more
questions or comments about this before being moved.
John Barney,
Town
Attorney, stated that
he was still having a
little problem with
the
boundary of R -15 and R -30.
Mr. Barney stated
that Lot 5 seemed
like
they were trying to move
the pedestrian path a
little bit from the
pond
and the best way to do
that was to have it
bend, instead of to
the
north,
more to the
east
as it comes off Lot 4.
Peter Newell stated that Hospicare was thinking of putting in a
low stone wall which would be very thick with high brush behind it so
there would be literally.no way to get to the pond. The stone wall
would come up about two feet and would be something nice to sit on
and behind that would be a mound of earth and vegetation.
Planning Board
-4-
Attorney Barney stated to Mr.
• what the magic was in creating a
'Attorney Barney stated that Lot
understand what the problem would be
the friendly user.
September 15, 1992
Newell that he did not understand
very odd - shaped, elongated lot.
5 looks like a tube and he did not
in bending the trail in terms of
Mr. Newell stated that if the property owner would be willing to
put in a long driveway, the developers would actually like to put
"this" house [indicating on map] on the other side of the sewer line
and actually get it on the crest of the hill as it goes down.
There appearing to be no further discussion or comments from the
Board, Chairperson Grigorov asked if anyone were prepared to make a
motion.
MOTION by James Baker,,seconded by Stephen Smith.
WHEREAS.
16 The Town of Ithaca Town Board has received an application to
rezone Town of Ithaca Tax Parcels No. 44.1 -1 -1 through
44.1 -1 -37, 23.0 + /- acres total, from Multiple Residence District
to Residence District R -15 (11.2 + /- acres) and Residence
District R -30 (11.8 + /— acres), located on the Chase Pond site at
East King Road across from Chase Farm Lane, Multiple Residence
District, and
• 2. The Town of Ithaca Town Board on September 8, 1992 referred said
application to the Town of Ithaca Planning Board for their
recommendations, and
39 The Planning Board, at a Public Hearing held on September 15,
1992, has reviewed the Long Environmental Assessment Form Part I
prepared by the applicant, a map entitled "Sketch Map Showing
Proposed Zone Change, MR to R -15 and R -30" dated September 15,
1992, proposed Local Law entitled "A Local Law to Amend the Town
of Ithaca Zoning Ordinance to Rezone Chase Pond Premises on King
Road East from Multiple Residence District to Residence
Districts R15 and R3011, and other application materials, and
4. The Planning Board finds that the proposed R -15 and R -30 zoning
districts would be compatible with adjacent land uses and zoning
districts;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby recommends that
the Town of Ithaca Town Board approve the zone change from
Multiple Residence District to Residence Districts R -15 and R -30
as described in said proposed Local Law entitled "A Local Law to
Amend the Town of Ithaca Zoning Ordinance to Rezone the Former
• Chase Pond Premises on King Road East from Multiple Residence
District to Residence Districts R15 and R30, and
•
•
Planning Board
-5-
September 15, 1992
2. That
the
Planning
Board,
in making such recommendation to the
Town
Board,
hereby
determines
the following.
a. There is a need for the proposed use in the proposed
location.
b. The existing and probable future character of the
neighborhood in which the use is to be located will not
be adversely affected.
C. The proposed change is in accordance with
comprehensive plan of development of the Town.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, L'anghans, Baker, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
rej
Chairperson Grigorov declared the
matter
of a
recommendation to
rezone the Chase Pond site located
on East
King
Road from Multiple
Residence to Residence Districts R -15
and R-30-duly
closed.
AGENDA ITEM. SIGN REVIEW (PLANNING
RECOMMENDATION TO THE TOWN
BOARD).
OF ITHACA ZONING
CONSIDERATION OF A
BOARD OF APPEALS WITH
RESPECT TO A PROPOSED BUSINESS
IDENTIFICATION
SIGN
AT JUDD
FALLS
WINES AND SPIRITS, TOWN OF ITHACA TAX PARCEL NO.
LOCATED AT EAST HILL PLAZA, JUDD FALLS AND ELLIS
BUSINESS DISTRICT "C ". CORNELL UNIVERSITY, OWNER;
APPLICANT.
6 -62 -2- 1.121,
HOLLOW ROADS,
MORRIS ANGELL,
Mr. Morris Angell of 132 Westview Lane
Board to petition for an additional sig
Plaza. Due to the construction of the new
frontage to seven feet. The sign which is
approximately six square feet, and hangs so
viewed by the public as they drive by.
addressed the Planning
n at his store at East Hill
facade, it limits the sign
being proposed is smaller,
that both sides can be
Mr. Angell stated that with the present sign location and due to
the new facade, a number of people have asked if the store had moved
to a new location. This has been considered a hardship. The present
sign is about 13.5 square feet. The new sign which is a
perpendicular sign will provide excellent information for any of the
shoppers at the Plaza. The landlord which is Cornell University,
agreed to the hanging sign and also stated that none of the other
store owners will be granted permission for a hanging sign.
Stephen Smith asked Mr. Angell if anyone had thought of a
vertical sign on the East wall. Mr. Angell stated no one had thought
of a vertical sign. The new sign will be internally lit and is
considered a wall sign by Andy Frost, Town Building Inspector /Zoning
Enforcement Officer. All signs above the other stores are also lit
from within. The signs are set on a timer.
Planning Board -6- September 15, 1992
• Mr. John Murray of Sibley Real
stating that Mr. John Majeroni of the
Cornell University and Mr. Angell h
style of the sign and have an agreement
Falls Wines and Spirits would be the
this type of sign.
Estate addressed the Board
Real Estate Department of
ave agreed on the location and
as to the fact that Judd
only business allowed to have
Mr. Robert Kenerson asked if this was just a verbal agreement,
and Mr. Murray and Mr. Angell both stated that there is a written
agreement with Cornell. Mr. Murray stated that he would send a copy
of this agreement with the Cornell Real Estate Department.
Chairperson Grigorov
asked if
the sign was already made
and if
so, what were the colors.
Mr. Angell
stated that the sign has
been
made and the colors are
gray with
white lettering. The sign
would
light up at 6:00 p.m. and
go off at 9:00
p.m.
given the facade
Stephen Smith stated
that if Cornell University okays this
sign,
a
then
this
sign should
from this location,
be allowed.
other issue is
that
if
Attorney Barney stated that under the marquee and awning signs
section of the Sign Law, no signs can project or suspend from a
canopy, marquee, or awning.. You are also permitted one wall sign, so
if it is characterized as a wall sign, then a variance is required to
have a second wall sign.
• Mr. David Sparrow of 332 Saranac Way, Manager of Judd Falls
Wines and Spirits, addressed the Board stating they were directed by
the Building Department to refer to the sign as a wall sign and to
seek permission to install a second wall sign. Andy Frost, Building
Inspector /Zoning Enforcement Officer, indicated that the present Town
Sign Law does not consider this type of sign as a wall sign. Mr.
Angell asked Attorney Barney if the sign proposal from Cornell
University should go to the Zoning Board. Attorney Barney stated the
proposal should go to the Planning Department and then it will be
incorporated with materials and then it will go to the Town Zoning
Enforcement Officer who sets up the agenda for the Board of Zoning
Appeals,
Floyd Forman, Town
Planner,
stated that he
spoke
briefly
to Mr.
Angell,
and a couple
of his
concerns were
that
does
the
Planning
Board,
given the facade
work going
on, want to
see
a
sign
hanging
down
from this location,
and the
other issue is
that
if
Mr.
Angell is
given
approval for this
sign, are
other businesses
going
to
come in
with
similar
problems.
Mr. Angell stated to Mr. Forman that Mr. Murray would deliver a
letter to Mr. Forman from Cornell University Real Estate a letter of
the agreement with Cornell University and Mr. Angell. [Letter to
Floyd Forman concerning approval of sign for Judd Falls Wines and
Spirits from John Majeroni of Cornell University Real Estate
• Department attached hereto as Exhibit #2].
•
•
is
Planning Board
-7-
September 15, 1992
There appearing to
be
no further
discussion, Chairperson
Grigorov asked if anyone
were
prepared to
offer a motion.
MOTION by Robert Kenerson, seconded by Stephen Smith.
WHEREAS.
16 The Town of Ithaca Zoning Board of Appeals has received an
application for a hanging identification sign at Judd Falls
Wines and Spirits in
of Ithaca Tax Parcel No.
Ellis Hollow Roads, Business
the
6 -62
East Hill
-2- 1.121,
District
Plaza Shopping Center, Town
located at Judd Falls and
"C", and
2. The Board of Appeals, pursuant to the Town's Sign Law, has
referred the application for said sign to the Sign Review Board
(Planning Board) for its review and recommendations, and
39 The Sign Review Board has reviewed the application for the
proposed sign, a photograph of the store, a Short Environmental
Assessment Form Part I, and comments from the Planning staff
dated September 10, 1992, and
49 The Sign Review Board shares the concerns raised by the Planning
Department with regard to possible effects to the character of
the newly - renovated Plaza facade and the potential
precedent- setting nature of such a sign in the location
proposed, but Cornell has indicated there will be no other such
signs permitted in the Shopping Plaza;
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Sign Review Board hereby recommends that
the Zoning Board of Appeals approve the sign as originally proposed,
conditioned on the applicant providing a letter satisfactory to the
Town Planner to the effect that the landlord (Cornell University)
will not permit any other tenants in the Shopping Center to have a
hanging sign similar to that proposed by the applicant, and further
conditioned on the existing sign on the east facade of the P &C store
being removed.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Langhans, Baker, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the
for Judd Falls Wines and Spirits duly closed.
AGENDA ITEM. DISCUSSION OF PROPOSED AMENDMENTS
ITHACA SUBDIVISION REGULATIONS.
proposed sign
TO THE TOWN OF
Planning Board -8- September 15, 1992
• Floyd Forman, Town Planner, addressed the Planning Board stating
that the Planning Board will not be taking a vote at this time on the
proposed amendments, but he would like some feedback on as many of
the items that the Planning Board would like to suggest, things the
Planning Board thinks have been missed, things that may have been
addressed poorly, etc.
Chairperson Grigorov stated that this approach is more current.
Chairperson Grigorov also stated that most of the draft looks like it
was changed from Engineer to Town Planner.
Mr. Forman stated that it was
not
changed from Engineer to
Planner, but what Mr. Forman did was add
where
and some
were changed
to how many days the applicant has to
come in
and where
they drop off
their completed application, including
SEQRA,
which was
not included
in the present subdivision regulations
making
reference
to SEQRA..
Chairperson Grigorov asked Mr. Forman if it was really necessary
to need a month. Mr. Forman stated that 20 working days, to get the
application at least a month ahead of time so people can be kept on
the agenda, make comments ahead of time to them so that they can make
revision and stay on the agenda. Let us say that we get something in
two weeks ahead of time, by the time we get to it, there really is
not any time for those people to make changes if things are not
acceptable for them to stay on the Planning Board's agenda, so they
end up being dropped from the agenda.
• Chairperson Grigorov asked Mr. Forman about deleting setback
line. Mr. Forman stated that the setback line is only dealing with
the front yard setback, not the side yard or rear yard. Setback is
really a zoning issue. When you subdivide land you are not dealing
with setback, you are only going to deal with it when that person
goes in for a Building Permit and Andy Frost, Building
Inspector /Zoning Enforcement Officer, makes sure he has the proper
front yard, side yard, and rear yard setback.
Mr. Forman stated that many of the proposed amendments were done
by Richard Eiken, Planner I. Mr. Forman and Mr. Eiken have gone over
the items listed. Dan Walker, Town Engineer, stated that certain
checks are under Town Law and Ordinances. Some of the items
mentioned in the proposal such as streets and slopes, etc.,
everything has to be consistent.
Mr. Forman stated to the Planning Board that he and Attorney
,john Barney
have talked about one of Mr. Eiken's
recommended future
revisions,
#4, Sec. 32, Number of Dwelling
Units Permitted, no. 1
[page 5]: "It
is unclear from the language
of
this section whether
applicants
could conceivably double
the
density in cluster
subdivisions..."
Mr. Forman stated that he
and
Attorney Barney have
discussed
this and this regulation does
not say double, but this
needs to be
clarified. One other suggestion
that Mr. Forman and
Attorney Barney
had talked about was
that
approximately twenty
• percent of
the Town's homes right now have
an accessory
unit, so that
maybe what
should be said is that in
cluster
subdivisions, as a
Planning Board -9- September 15, 1992
• density bonus, you can
192. Mr. Forman would
thinks this is a useful
future times.
take what is allowed by law and multiply it by
like to incorporate this if the Planning Board
idea in what they see coming to them in the
Chairperson Grigorov left the issue of Proposed Amendments to
Subdivision Regulations toy the Town Departments. [The Proposed
Amendments To Subdivison Regulations are attached hereto as Exhibit
#3.]
AGENDA ITEM: APPROVAL OF MINUTES - August 4, 1992
MOTION by James Baker, seconded by Virginia Langhans
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of August 4, 1992, be and hereby are approved as written.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Langhans, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: REPORT OF THE TOWN PLANNER (CONTINUED)
• Mr. Forman stated that he received some materials from the State
Building Authority [State University Construction Fund]. The State
[Cornell] is planning to build a 200 foot high stack along with
re- habing the incinerator from the location near the Vet College not
too far from where the vet Tower is now. Mr. Forman drafted back
something to the people in Albany and one of the comments that Mr.
Forman had was that he would like to see a public information meeting
here in Ithaca on the incinerator and especially on a 200 foot high
metal stack at that location. Albany accepted a public information
session and will be coming to Ithaca. Mr. Forman stated that his
thoughts and the Town Supervisor's thoughts are that it also be
before the Planning Board and a date and time will be figured out.
Numerous questions need to be asked of the State Building Authority
[State University Construction Fund] as to what is going on.
OTHER BUSINESS
Chairperson Grigorov mentioned the New York State Planning
Federation Conference being held in Niagara Falls, New York from
November 8 through 11, 1992. Mr. Forman stated that people who have
not attended the conference should go.
ADJOURNMENT
• Upon Motion, Chairperson Grigorov declared the September 15,
1992, meeting of the Town of Ithaca Planning Board duly.adjourned.
C;
0
0
Planning Board
-10-
September 15, 1992
Respectfully submitted,
Wilma J. Hornback, Recording Secretary,
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
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AS
CORNELL
U N I V E R S I T Y
.Finance Division Real Estate Department Mail: Box DH - Real Estate
Cornell Business & Technology Park Ithaca, NY 14853 -2801
20 Thornwood Drive, Suite 103 Telephone: 607 254 -4660
Ithaca, New York 14850 Facsimile: 607 255 -9010
u
September 22, 1992 2 2 IN
TOWN OF ITHACA
.0
Floyd Foreman
Town of Ithaca
126 E. Seneca Street
Ithaca, New York 14850
Dear Floyd:
As a condition of Planning Board approval, this letter is to indicate Cornell University's approval of
the sign for which Judd Falls Wines & Spirits is seeking a variance. We also wish to state that this
request is not a trend. There have been, no requests from other tenants for similar signs and at this
time do not foresee the need for any additional marquee or canopy signs. We understand that the
Planning Board was very concerned about additional signs of this type. Please be assured that except
for an extraordinary need, Cornell would not support the request of other tenants for signs of this
nature. We do understand Mr. Angell's need and support his efforts.
We appreciate very much the cooperative attitude and fair consideration that you have given to all
CI' of our projects at the Plaza. , They will make a difference and make shopping more convenient for
the all of the residents of the Town. I am especially grateful for your personal support.
Very truly yours,
John E. Majeroni
JEM /ss
cc: J. Murray, Sibley Real Estate
M. Angell, Judd Falls Wines A Spirits
I
EXHIBIT #2
r]
L
,
LJ
•
•
DRAFT FOR DISCUSSION -
PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS
WHEREAS, the Subdivision
Ithaca Planning Board of the
of Ithaca on March 24, 1956,
WHEREAS, the Subdivision
and
Regulations the Town of Ithaca were adopted by the Town of
Town of Ithaca on March 24, 1956 and approved by the Town
and
Regulations u� have been thereafter amended from time to time,
WHEREAS, the Subdivision Regulations have not been amended to reflect recently- proposed
administrative changes relating to subdivision review and approval;
THEREFORE BE IT RESOLVED, that the Town of Ithaca Planning Board hereby adopts
the following amendments' to the Subdivision Regulations, and furthermore recommends that
the Town of Ithaca Town Board approve same:
11
2.
3.
Article I, Section 3; subparagraph 1 is hereby amended as follows: "These regulations
shall be enforced by the Building Inspector, Town Engineer, and Town Planner."
Article I, Section 3, subparagraph 3 is hereby amended to replace "Until the Planning
Board has given final approval of any site plan..." with "Until the Planning Board has
given final approval of ,any subdivision plat..."
Article I, Section 4, subparagraph 4 is hereby added as follows: "A public notice sign
of the pending public hearing, obtainable at the Planning Department, shall be posted
on the property to be subdivided in view of a public road not less than 14 days nor
more than 30 days prior to the' public hearing at which the subdivision is to be
considered."
4. Article I, Section 6, subparagraph 5 is hereby amended as follows:
"All documents relating, to the preliminary plat, including the Environmental
Assessment Form Part I, shall be presented to the Town Planner at least twenty (20)
business days prior'to the Planning Board meeting at which the project`is to be
considered. The Town Planner shall record the date when the material is received.
The Planning Board shall not be required to hold a public hearing until the Town
Planner has received all required information and documents."
50 Article I, Section 7, subparagraph 1 is hereby amended as follows: "...may require for
the environmental review procedures including all requirements for the New York State
Environmental Quality Review Act (SEQRA) NYCRR Part 617 and Town of Ithaca
Local Law #3- 1980,...
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EXHIBIT 93
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69 Article I, Section 8, subparagraph 2 is hereby amended to replace "Building Inspector"
• with "Planning Department."
7. Article I, Section 10, subparagraphs 2, 3 and 4 are hereby renumbered "1, 2 and 3"
respectively.
8. Article I, Section 10, subparagraph 2 is hereby amended as follows: "The appeal by
an aggrieved person for a review of the determination of the Building Inspector, Town
Engineer, or Town Planner as provided for in Section 3.1 of these regulations..." and
further, "Such appeal must be filed with the Secretary of the Planning Board at least
fourteen (14) days prior to the meeting of the Planning Board at which the appeal
shall be heard..."
90 Article II, Section 14, subparagraph 1 is hereby amended as follows: "The subdivider
may present a sketch plat and supporting data for purposes of informal review and
discussion. Applicants may be required by planning or engineering staff to submit a
sketch plat prior to preliminary subdivision review..."
109 Article II, Section 14, subparagraph 1(d) is hereby amended to delete the first
"completed ".
IL Article II, Section 14, subparagraph 1(e) is hereby added as follows: "A fee in the
amount required, as specified by the schedule of subdivision fees."
• 120 Article II, Section 15, subparagraph 2 is hereb amended as follows:
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"The subdivider shall submit to' the Town Planner a development review application, a
preliminary plat in the form required by Article VI, Section 36, the Town of Ithaca
Environmental Assessment Form Part I, and fifteen (15) reduced copies of the
improvement plans and other information required by these regulations. All required
information must be received by the Planning Department at least twenty (20) business
days prior to the Planning Board meeting at which the subdivision will be considered.
The applicant shall post a public notice sign on the property at least fourteen (14) and
no more than thirty (30) days prior to the public hearing as specified in Section 4,
number 4, as amended.';
140 Article II, Section 15, subparagraph 3 is hereby amended to delete "It is recommended
that a sketch plat be submitted to the Town Engineer prior to submission of the
preliminary plat, although this is not a legal requirement."
15. Article II, Section 16, subparagraph 1 is hereby amended as follows: "...The
subdivider must file with the Board an original and four (4) drawings of the final
subdivision plat..."
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16.
Article II > Sectlon,l 16 �sub ara graph 2 is hereby amended as follows:
The final plat and improvement plans shall be submitted to the Town Planner at least
twenty (20) business days prior to the date of the Planning Board meeting..."
17. Article II, Section 16, subparagraph 3 is hereby amended as follows: "The Planning
Board shall, within 45 days from the date of submission of the final plat, approve,
modify and approve, approve subject to conditions, or disapprove such plat."
18. Article III, Section 20 is hereby amended as follows:
19.
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21.
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a. Add "Collector (Major) Streets" as follows: "Streets smaller than highways
designed to carry large volumes of traffic with infrequent traffic
controls:"
b. Add "Local (Minor) Streets" as follows: "Streets smaller than collector streets
designed to carry low volumes of traffic through neighborhoods."
c. Delete "Setback" and its definition in its entirety.
Article IV, Section 23 subparagraph 13 is hereby added as follows: "The following
roads shall have no more than the maximum gradients specified below:
Collector (Major) Streets: 8 percent
Local (Minor) Streets: 10 percent"
:Article IV, Section 23 subparagraph 12 is hereby amended as follows: "Where a
..subdivision . contains or abuts a .thoroughfare designated as having fully controlled
access..."
Article IV, Section 24, subparagraph 4 is hereby amended to replace "...30,000 square
feet" with "...one (1) acre."
22. Article IV, Section 30, subparagraph 1 is hereby amended as follows: "...and
improvements shall be made in accordance with an agreement satisfactory to the Town
Planner, Town Engineer and Town Attorney. The phasing agreement shall provide for
the maintenance of existing roads and utilities."
23 Article V, Section 31, subparagraph 1 is hereby amended to delete "...The Planning
Board may not require a subdivider to prepare a cluster plan for lands in a Residence
District R -9."
24. Article V, Section 31, subparagraph 4 is hereby amended as follows: "...the Planning
Board may approve, modify and approve, approve with conditions, or disapprove the
proportions of the project..."
25. Article V, Section 32, subparagraph 5 is hereby amended as follows.
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"The number of units allowed in any clustered subdivision shall not exceed the
• number allowed by the Zoning Ordinance. The Planning Board may allow the
subdivider to cluster the permitted number of dwelling units in detached, semi -
detached„ attached, or multi-storey structures."
26. Article VI, Section 36 subparagraph 1 is hereby amended to delete "Town Engineer at
least ten (10) days" and replace with "Town Planner at least twenty (20) business
days."
27. Article VI, Section 37,' subparagraph 1 is hereby amended to delete "Town Engineer at
least ten (10) days" and replace with "Town Planner at least twenty (20) business
days."
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EXHIBIT # 3
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1. Sec. 17, Modifications' of the (Final Plat: This section allows the Town Engineer to
approve of minor modifications to the approved final plat, subsequent to its filing in
the Office of the County Clerk,. Although this sounds like a practical provision and
would remove the need for an ,additional appearance by the applicant, the legality of
approving modifications of a filed map is questionable. Also, any changes to an
approved plat should be initialed as approved by the Planning Board Chairman.
There should also be anew section or subsection entitled "Resubdivision" which
would specify that resubdivision of land'follows the same procedures and requirements
as subdivision approval.
1. 20 Sec. 23, Highway 'Improvements, no. 3: The last line of this subsection states that
"house numbers shall be assigned by the Town Engineer." Is this requirement still
applicable? If not, this" should, be deleted.
3. Sec. 23, Highway Improvements: Throughout this section, the term roadway is used
interchangeably with street, highway, primary thoroughfare, thoroughfare, and road.
Under Subsection 11, the terms used (ramp, cul -de -sac, local streets, highway) result
in further confusion. Recommend clarifying the terms used here to reduce
inconsistencies.
44 Sec. 32, Number of Dwelling 'Units Permitted, no. 1: It is unclear from the
language of this section whether applicants could conceivably double the density in
cluster subdivisions (accounting for accessory apts.) and this should be clarified in
revised text. One possibility would be to specifically limit the number of "accessory
apartments" to 20 percent (or some other figure) of the base number of units allowed.
5. Sec. 35, Restriction of Unrelated Persons: This section currently allows the
Planning Board, as a condition of approval, to limit the number of unrelated persons
living in any dwelling unit of a clustered subdivision. The reasoning behind this
regulation is unclear, particularly as it pertains to clustered, but not conventional
subdivisions.
6. Secs. 36 and 37, Preliminary and Final Plat Checklists: I am presently preparing a
revised checklist which "includes a more organized and more comprehensive list of
11 items to be included on both preliminary and final plats. Although there are a number
of changes recommended for these checklists, it would be possible to consider these at
a future time once other revisions to the Subdivision Regulations (contained in this
memo) have been made.
70 Sec. 38, Improvement Plans and Related Information: The Town Engineer should
review this section for possible'' revisions.
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EXHIBIT #3
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The Ithaca JournalThursday, ,Septembervl09921 r
S.'!f
TOWN OF ITHACA`'.<<ik
VLANNING BOARD _
NOTICE =0- 4pIIBLIG
' 44 HEARING °'
T. ESDAY;3EP,T toll Sj 99a.
B y"" °direction of the Chairman
co a Plar nning Boaid,'iNCt'
TICE 6 IS HEREBY;GIVEN,that
a Public Hearing will be held;
bylhe Piarining Board;of ahe`:�
Town of Ithaca on Tue'sday;,'
September;ti,15, :1992,:; in
Town Hall, 126 East Sen'eco
Street, `Ithaca; NY, at: a fol
lov✓inghme and on =the =fo4'
1735 I M'Consrderatton of•a
'FRecomrriendoiio� i., itie•; %: •
eels '.NO:'s`44.1 -1 ;1;thro�gF
37; t 23 6 +r +/ acres` 0total,
from' MuUrpfe Residence Dis•I'
trict to Residence District R-30
(1 1.8 ,` + %•cacres) `'ond `.Resi•'
dence'_District,R•:15 fj1 1.2 +/
acres]:.Properfy is ahe ChCoie ;
Pond "siie`` located on East.
King Road across hose
1, Form lane, 'Multiple Resi•
Bence District, .Citizens Sov.
in s Bank, Dwner, Hospicare ..
of9:Tomp kin`s "County; Appli-
cant; Peter.NeweIl,Architect,
Said Plonnin•g.7 rd will at
i said time and soid place hear 'a
all person; in support, of such
matter or objections (hereto.'
Persons . may .,appear- by +�
agent or m pe[son '
iTr? Joan L Hamilton' i
Town' Clerk_`
a ;September •10;;1992 ° "` �=:
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