HomeMy WebLinkAboutPB Minutes 1993-06-29C:
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TOWN OF ITHACA PLANNING BOARD
JUNE 29, 1993
FILED
The
Town of
Ithaca
Planning Board met in regular session on
Tuesday,
Ithaca,
June 29,
New York
1993,
at 7:30
in Town Hall, 126 East Seneca Street,
p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Jim
Ainslie, Stephen Smith, Herb Finch, William Lesser, Dan
Walker (Town Engineer), Floyd Forman (Town Planner),
George Frantz (Assistant Town Planner) , John Barney (Town
Attorney).
ALSO PRESENT: Michael Carr, Lori Pierce, William Farrell.
Chairperson Grigorov declared the meeting duly opened at 7:35
p.m. and accepted for the record the Clerk's Affidavit of Posting
and Publication of the Notice of Public Hearings in Town Hall and
the Ithaca Journal on June 22, 1993 and June 24, 1993,
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 Public
Works, upon Tompkins County Commissioner of Planning, upon the
Tompkins County Assessment Department, and upon the applicants
and /or agents, as appropriate on June 23, 19930
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: PERSONS TO BE HEARD.
Bill Farrell addressed the board asking what had happened to
the petition for the sewer on Coddington Road? The petition was
brought to the board about two years ago.
Town Planner Floyd Forman responded that the petition is on a
list of priorities with the Public Works Committee. Town Engineer
Dan Walker can provide you with more details regarding Coddington
Road.
Chairperson Grigorov asked if there were any additional
comments from the public. At this time, there appeared to be no
further comments and Chairperson Grigorov closed this portion of
the meeting.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL
SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA
TAX PARCEL NO. 48 -1 -6, 7.1 +/- ACRES, INTO TWO LOTS, 1.77 + /- ACRES
. AND 5.33 + /- ACRES RESPECTIVELY, LOCATED AT 675 CODDINGTON ROAD,
RESIDENCE DISTRICT R -30, MICHAEL CARR AND LORI PIERCE, APPLICANTS;
HOWARD SCHLIEDER, AGENT.
• PLANNING BOARD -2- June 29, 1993
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 7:38 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
Chairperson Grigorov asked if there was a problem with her
participating in the hearing due to the fact that she owns property
down the road from Mr. Carr's property. Board member Herbert Finch
personally knows Mr. Carr, would that disqualify him from this
public hearing.
Town Attorney John Barney responded that owning property near
the proposed property would not cause disqualification, neither
would knowing the applicant personally.
Chairperson Grigorov stated for the record that three (3)
Board members had viewed the site.
Michael Carr addressed the board stating that he is asking the
Board for Approval of dividing the property into two lots. One lot
would hold his current home, and the second lot would hold the
Carr's new home.
• Town Engineer Dan Walker stated that Frank Chase has already
been to the sight and approved the septic on the larger lot.
Town Attorney Barney asked Mr. Carr if the Subdivision map had
been shown to the Health Department.
Mr. Carr responded that the Health Department had already
viewed the map.
Chairperson
Grigorov
stated
that this
was a Public Hearing and
asked if anyone
from the
public
wished to
speak. No one spoke.
VI
MOTION by Herbert Finch, seconded by Robert Kenerson:
1. This action is the Consideration of Preliminary and Final
Subdivision Approval for the proposed subdivision of Town
of Ithaca Tax Parcel No. 48 -1 -6, 7.1 +/- acres, into two
lots, 1.77 + /- acres and 5.33 + /- acres respectively,
located at 675 Coddington Road, Residence District R -30,
Michael Carr and Lori Pierce, Applicants, and
29 This is an Unlisted Action for which the Town of Ithaca
Planning Board is legislatively determined to act as Lead
Agency in environmental review with respect to
. Subdivision Approval, and
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PLANNING BOARD
-3-
June 29, 1993
3. The Planning Board, at a Public Hearing on June 29, 1993,
has reviewed and accepted as adequate the Short
Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town Planning staff,
a subdivision plat entitled "Survey Map of Subdivision of
Lands at 675 Coddington Road, Town of Ithaca, Tompkins
County, New York "prepared by Howard Schlieder, P.E.,
L.S., and dated May 3, 1993, and other application
materials, and
40 The Town planning staff has recommended a negative
determination of environmental significance with respect
to the proposed action as proposed,
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the above
reference action as proposed and, therefore, an Environmental
Impact Statement will not be required.
There will be no further discussion,
vote)
Aye - Grigorov, Kenerson, Ainslie, Smith,
Nay •- None.
the Chair called for a
Lesser, Finch.
The MOTION was declared to be carried unanimously.
MOTION by William Lesser,
WHEREAS.
seconded by Herbert Finch:
10 This action
is the
Consideration of
Preliminary and Final
Subdivision
Approval
for the proposed
subdivision of Town of
Ithaca Tax Parcel No. 48 -1 -6, 7.1 +/- acres, into two lots,
1.77 + /- acres and 5.33 + /- acres respectively, located at 675
Coddington Road, Residence District R -30, Michael Carr and
Lori Pierce, Applicants, and
2. The Planning Board, at a Public Hearing held on June 29, 1993,
has reviewed and accepted as adequate the Short Environmental
Assessment Form part I prepared by the applicant, a Part II
prepared by the Town planning staff, a subdivision plat
entitled "Survey Map of Subdivision of Lands ar 675 Coddington
Road, Town Schlieder, P.E., L.S., and dated May 3, 1993, and
other application materials, and
• PLANNING BOARD
3. This is an Unlisted Action
Planning Board, acting as Lead
has, on June 29, 1993, mad
significance.
NOW, THEREFORE, BE IT RESOLVED:
-4-
June 29, 1993
for which the Town of Ithaca
Agency in environmental review,
e a negative determination of
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Final Subdivision Approval, as shown on the
Final Subdivision Checklist 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.
29 That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No. 48 -1 -6, 7.1 +/- acres, into two lots,
1.77 + /- acres and 5.33 + /- acres respectively, located at 675
Coddington Road, Residence District R -30, as shown on the
subdivision plat entitled "Survey map of Subdivision of Lands
at 675 Coddington Road, Town of Ithaca, Tompkins County, New
York" prepared by Howard Schlieder, P.E., L.S., and dated May
31 1993, conditioned upon the following:
• a. Approval by the Tompkins County Department of Health of
septic disposal facilities prior to the issuance of any
building permit;
b. Submission of a certificate signed and sealed by the
mortgagor to the effect that said mortgagor consents to
the proposed subdivision, per Article VI, sect. 37, of
the Town of Ithaca Subdivision Regulations;
c. Submission of a certificate signed and sealed by the
registered land surveyor who prepared that plat as
required by Article VI, Sect. 37, of the Town of Ithaca
Subdivision Regulations.
d. Submission of a revised plat showing adequate frontage at
the sixty foot setback for the lot shown as 5.33 + / acres
on the plat entitled "Survey map of subdivision of Lands
at 675 Coddington Road, Town of Ithaca, Tompkins county,
New York" prepared by Howard Schlieder, P.E., L.S., and
dated may 3, 19939
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Ainslie, Smith, Finch, Lesser.
• Nay - None.
The MOTION was declared to be carried unanimously.
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PLANNING BOARD
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June 29, 1993
Mr. Carr asked the Board -if he could apply for the Building
Permit now.
Town Planner Floyd Forman stated that Mr. Carr must provide
four copies of a reproducible map, in addition to the conditions
set forth in the resolution.
AGENDA ITEM. DISCUSSION OF THE COMPREHENSIVE PLAN.
Town Planner Floyd Forman stated that the Board needs to give
final input regarding the work done with the comprehensive Plan so
that he may submit the Plan to Trudy Calvert to be edited.
Mr. Lesser
asked
if there
were
any
additional mechanisms for
use in controlling
the
use of
the land.
back
(Page V -3)
let us discuss the things that you have
Town Planner Floyd Forman responded that the Comprehensive
Plan is very broad, and encompasses a lot of different aspects. In
Chapter six, the Board added the item allowing minor changes
without difficulty. Town Planner Floyd Forman will take the Plan
to be edited then bring the marked up copy back to the Board for
review and then make the final decisions.
Chairperson Grigorov asked if the Plan would be completed by
the July 13th Board Meeting.
Town Planner Floyd Forman stated that he hoped that Truly
would be done with it by then, if not, then there may be no meeting
on July 13, 1993, will have to wait and see.
Board member Robert Kenerson stated
that the Board ought
to
as
soon as we can have it bounce down as tight as we can before
we
go
to the public hearing. Keep that kind
minimum. Mr. Kenerson thought that the
new public hearing situation, maybe the
differently.
of change and stuff to
Board would have a whole
Board needs to handle
a
it
Chairperson Grigorov asked Mr. Kenerson how?
Chairperson Grigorov asked if Mr. Kenerson meant to have two
Public Hearings.
Mr. Kenerson responded that two meetings would not be a strain
with all of the time and effort put into the Plan so far.
Board member Robert
Kenerson responded to make some kind
of
explanation
that would set up a couple of here it is take it
and
read
it and ask us questions as to what is happening. Then come
back
two weeks later and
let us discuss the things that you have
seen.
Mr. Kenerson felt
that response would be better from
the
people
if they have some
time after explanation as to what it
is
the
Board
is doing.
Chairperson Grigorov asked if Mr. Kenerson meant to have two
Public Hearings.
Mr. Kenerson responded that two meetings would not be a strain
with all of the time and effort put into the Plan so far.
OPLANNING BOARD -6- June 29, 1993
Chairperson Grigorov stated that it would not, but it would make
the process even longer.
Mr.
Kenerson
stated
that
when you are talking about the Plan,
one more
meeting
is not
significant.
to the
Board member Herbert Finch stated that there have been so many
changes made in the Plan that the Board needs to make sure the
public sees and understands what the changes were.
Mr. Kenerson stated "I have said it before, Public Relations
bend over backwards to give the public as much time and exposure
they wanted, then ask the public if they are through now? do you
understand everything that you want to talk about? Then the Board
will take the Plan back and tell the people thank you very much for
your help."
Town Planner Floyd Forman stated that what the Board needed to
do is get the Plan out to the public and give them a chance to take
a look at the Plan in order for the public to be able to come to
the Public Hearing prepared to make comments. After the public
examines the Plan, Town Planner Forman expects the Board would then
hold a public hearing knowing that the public has had a chance
through notice in the newspapers, through making it available at
the.Town Hall, through giving away free copies of the executive
Summary, and with all of the publicity on television and radio so
that the public knows that there is a public hearing coming up, so
that they know that there are copies of the revised plan available
and then the Board holds a public hearing with a more knowledgeable
public attending. Mr. Forman then stated that he did not feel that
multiple public hearings would be necessary.
Chairperson
Grigorov
asked
the
Board about highlighting the
changes
made
in
response
to the
public
people.
Mr. Kenerson stated that the Board has addressed a lot of
requests from people who have asked what is left-for them. You can
not just keep rolling and rolling, sooner or later you have to say
okay, I've had enough, lets go. Instead of leaving doubts that
could have been taken care of the first time, you take care of as
many as you can and put in a summary that is easy for people to
read, understand and comply with. The same thing when you talk
about the famous map, when you say this is what we are looking for
in the future is we want to retain the open space, the general
things that we say and this is what the Comprehensive Plan is now
designed to do. Degrees /details we can not answer those; the Board
is not in a position to, nor should we have to, that is not the
idea of the plan, the plan is a guide and this is what we have done
to make it a guide. You can dig through the Comprehensive Plan all
• you want but these are the things that are covered in there is that
is your concern, it is covered.
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PLANNING BOARD
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June 29, 1993
Board member
Herbert Finch
asked if there
is a
legal time
frame within which
the Board has
to deal with the
public.
Town Planner Floyd Forman stated that there is a five day
notice to the public required.
Chairperson Grigorov stated that the Board should defend the
Plan at this point, but not allow a meeting to become a cat fight.
Mr. Kenerson told the Board to remember that they have the
final decision, they had taken on the responsibility for creating
the Plan and at some point they are going to have to tell the
public thank yo very much but we see it this way as we are charged
with the responsibility of creating the Plan and this is what we
think based on what we know this is the kind of Plan the Town needs
at this time and here it is and that is what the Board is going to
propose if you do not like it say so, but you better have a good
reason this time because we are not just going to respond to
interesting little things or favorite things, it has got to be a
part of what we are trying to do with the Town. Any questions, NO.
Thank you very much.
Town Planner Floyd Forman then asked the Chair to get a
general consensus from the Board to go ahead and take the Plan to
Trudy Calvert for editing.
MOTION by Herbert Finch, seconded by Stephen Smith.
Aye - Grigorov, Kenerson, Ainslie, Smith, Finch, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: REPORT OF THE TOWN PLANNER.
Town Planner Floyd Forman stated that he would be having a
meeting with Cornell University on June 30th, to discuss an
Institutional Zone that was very broad concerning GEIS and Precinct
7, the planning staff had given Cornell some ideas to narrow the
zone concerning the GEIS and Precinct 7. Once that is in a more
firm format, he will bring it back to the Planning Board and see
what their thoughts are regarding incorporating whatever comes out
of it as part of the Generic Environmental Impact Statement. So
that when Board goes to the public, this will be a piece of the
pie.
Board member William Lesser asked Town Planner Floyd Forman
how soon this would be going to the public.
• Town Planner Floyd Forman responded mid September as a
tentative date.
El
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PLANNING BOARD
-8-
June 29, 1993
Mr. Lesser asked what Cornell's interest was in getting
substantial approval for construction of up to 3,000,000 square
feet. How is that issue being dealt with by the Town?
Town Planner Floyd Forman responded that he is now in the
"completeness" phase. This phase of the GEIS ensures that
everything that needs to me addressed will be, and further, that it
will be understandable to the public. The matter that Mr. Lesser
raised is a technical one and will be dealt with during and after
the public hearing. When we get into writing the final GEIS, the
public, the Planning Board and staff can then work with Cornell to
hopefully firm the square footage. Mr. Forman went on to say that
the Town had asked Cornell to give the Planning Board an outline of
their SLUD. Cornell responded that they could not do it, that it
was impossible. We have now been given a proposed SLUD.
Hopefully, we can work with Cornell in similar manner on firming up
the number of square feet in the proposed SLUD.
Mr. Kenerson asked if Cornell has a range of potential
development in Precinct 7 (Orchards Area).
Town Planner Floyd Forman responded that Cornell's range is so
broad that it does not mean anything, hopefully they can narrow the
range a little bit.
Mr. Kenerson then stated that he had a couple of well
researched "dumb" questions. 1. What is the relationship between
the GEIS and the Comprehensive Plan9 should one come first and one
come second, or just ignore them and do them separately?
Town Planner Floyd Forman responded that you can not ignore
them. The Board changed the map to show institutional, the two are
not totally separate but they are an integral part of the
Comprehensive Plan.
Board member James Ainslie asked if Cornell knew exactly what
they wanted. Town Planner Floyd Forman stated no, they did not,
but they brought a very detailed proposal for an Institutional Zone
to the Town.
Town Attorney John Barney stated that the layout Cornell
brought to the Town is broader that the Town wanted. Permitted
used shown were virtually any use you can think of as a use of
land, whether owned by Cornell or owned by someone else.
Mr. Kenerson stated that he second question is that
"Institutional Zone" is an uncomfortable term, could the Board
thing of another phrase.
• Town Planner Floyd Forman stated that the Town is treating
Precinct 7 as a SLUD, at some point in the future they will try to
incorporate an institutional zone and change the name.
PLANNING BOARD -9- June 29, 1993
Town Attorney John Barney stated that the Board may wish to
consider an Educational Zone and a Medical or Hospital Zone.
Mr. Kenerson stated that when the districts were numbered, the
numbers meant something specific, if you are going to give
districts names, make the names mean something specific too. Mr.
Kenerson felt that "Institutional" zone will not be limited to
Precinct 7.
Town Attorney John Barney stated that Cornell University's
proposed changes regarding rezoning included the entire Cornell
campus located in the Town of Ithaca.
Mr. Kenerson stated that if the Board members do not
understand the Comprehensive Plan then the public will not support
or understand it either.
Chairperson Grigorov asked if there was any other business
anyone wished to discuss.
OTHER BUSINESS
Chairperson Grigorov stated that there was no further business
to come before the Board.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the June 29, 1993
meeting of the Town of Ithaca Planning Board duly adjourned at 8:39
p.m.
Respectfully submitted,
StarrRae
Hays,
Recording
Secretary
Town of
Ithaca
Planning
Board