HomeMy WebLinkAboutPB Minutes 1993-09-21TOWN OF ITHACA PLANING BOARD
SEPTEMBER 21, 1993
FILED
TOWN OF
The Town of Ithaca Planning Board met in regular session on
Tuesday, September 21, 1993, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 P.M.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, James Ainslie, Herbert Finch, Candace Cornell,
Stephen Smith, Floyd Forman (Town Planner) , George Frantz
(Assistant Town Planner) , Daniel Walker (Town Engineer),
John Barney (Town Attorney).
ALSO PRESENT: Kim Jacobs, Earland Mancini, Dave Auble.
Chairperson Grigorov declared the meeting duly opened at 7:39
p.m. and accepted for the record the Secretary's Affidavit of
Posting and Publication of the Notice of Public Hearings in the
Town Hall and the Ithaca Journal on September 13, 1993 and
September 16, 1993, respectively, together with the Secretary's
Affidavit of Service by mail of said Notice as appropriate, upon
the Clerks of the Town of Ithaca and the City of Ithaca, upon the
Tompkins County Commissioner of Planning, upon the Tompkins County
Assessment Department, upon the NYS Department of Transportation,
upon the Commissioner of Public Works, and upon the applicants
and /or agents, on September 13, 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.
Dave
Auble addressed
one else
the
Planning Board
and stated
that he
would
declared
like
to respond
the meeting
to
the
letter that
the
Board
received
from
the Whitcomb's on September 13, 1993 (Hereto attached as Exhibit A)
stating that Mr. Auble's version of Myrtle Whitcomb's employment
with his development: company is a complete distortion by reading
from a statement that he had prepared for this meeting. (Hereto
attached as Exhibit B).
There
being no
one else
present that
wished to
speak,
Chairperson
Grigorov
declared
this segment of
the meeting
closed.
PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE
PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 33- 3 -292,
85.52 + /- ACRES TOTAL, INTO FIVE PARCELS 3.1 + / -, 5.5 + / -, 2.4 + / -,
7404 + / -, AND 0.12 + / -- ACRES IN SIZE, WITH THE 0.12 + /- ACRE PARCEL
PROPOSED TO BE CONSOLIDATED WITH THE TOWN OF ITHACA TAX PARCEL NO.
33.3.4, BACKLOT OF ELMIRA ROAD (NYS ROUTE 13) AND FIVE MILE DRIVE
(NYS ROUTE 13A), LIGHT INDUSTRIAL DISTRICT. EARLAND MANCINI,
D.B.A. MANCINI REALTY, OWNER; T.G. MILLER, P.C., AGENT.
Planning Board 2 September 21, 1993
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 7:46 p.m. and read aloud from the
notice of Public Hearings as posted and published and as noted
above.
Kim Jacobs of T.G. Miller Engineers, addressed the Board as
Mr. Earland Mancini's agent, and thanked them for the opportunity
to present the final plat for the subdivision of Mr. Mancini's land
that is located in a Light Industrial District. The most efficient
way to show the Board that all of the conditions of the Preliminary
Subdivision Approval that are listed in the September 3, 1991
resolution (Hereto attached as Exhibit C) have been met, was to go
through them one by one and review the documentation that had been
prepared to satisfy each of those conditions. (Ms. Jacob's written
responses are hereto attached as Exhibit D).
There being
no
further
discussion, the Chair asked if anyone
were prepared
to
offer
a motion.
MOTION by Candace Cornell,
WHEREAS.
seconded by Herbert Finch.
1. This action is the Consideration of Final Subdivision Approval
for the proposed subdivision of Town of Ithaca Tax Parcel No.
33- 3 -2.2, 85.52 + /- acres total, into six parcels 3.1 +/- (Lot
1), 5.5 +/- (Lot: 2), 2.5 +/- (Lot 3), 4.5 +/- (Lot 4), 67.7+/ -
(Lot G and all remaining land to the north), and 0.12 + /- (Lot
D) acres in size, with the 0.12 + /- (Lot D) acre parcel
proposed to be consolidated with the Town of Ithaca Tax Parcel
No. 31 -3 -4, backlot of Elmira Road (NYS Rte. 13) and Five Mile
Drive (NYS Rte. 13A), Light Industrial District, and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as Lead Agency in environmental review,
did on September 3, 1991, make a negative determination of
significance
39 This is an action for which
Hearing held on September
Subdivision Approval, with
subdivision.
NOW, THEREFORE, BE IT RESOLVED:
the Planning Board, at a Public
31 1991 granted Preliminary
conditions, for the proposed
16 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.
Planning Board
3
September 21, 1993
2. That the Planning Board hereby grants Final Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax
Parcel No. 33- 3 -2.2, 85.52 + /- acres total, into six parcels
3.1 +/- (Lot 1), 5.5 +/- (Lot 2), 2.5 +/- (Lot 3), 4.5 +/- (Lot
4), 67.7 + /- (Lot G and all remaining land to the north), and
0.12 + /- (Lot D) acres in size, with the 0.12 + /- acre parcel
proposed to be consolidated with Town of Ithaca Tax Parcel No.
31 -3 -4, as shown on the subdivision plat entitled "Final
Subdivision Plan for Lands of Mancini Within the Town of
Ithaca Light Industrial District" prepared by T.G. Miller
Associates P.C. and dated May 1993 and revised on September
16, 1993, conditioned upon the following:
a. Exchange of the strips of land, shown as "Lot E" and "Lot
F" on the submitted final plat, between Mancini and
Stevenson, within sixty days of Planning Board approval
of final plat, and prior to signing of the plat by the
Planning Board Chairperson.
b. Before the earlier of (a) the sale of either Lot 2 or Lot
3, or (b) the issuance of a building permit for
construction of either Lot 2 or Lot 3, the entire roadway
from NYS Rte. 13A westerly to the end of the cul -de -sac
at Lot 2 and Lot 3 be constructed in accordance with Town
specifications and deeded to the Town, and further, the
existing road in from NYS Rte. 13 shall be brought up to
Town specifications, deeded to the Town, and made into a
one -way road for ingress only, or security (cash, bond,
or letter of credit) for said construction above in the
amount determined by the Town Board, after recommendation
of the Town Engineer, and in a form approved by the
Attorney for the Town, be provided to the Town.
c. Submission. of completed and signed restrictive covenants
in the form submitted to the Planning Board for this
meeting, and evidence of filing in the Tompkins County
Clerk's Office of said covenants, restricting the filling
of any wetland areas to no more than 0.09 acres for
purpose of driveway access to Lot 2 and building on Lot
2, and no more than 0.10 acres for a rear access to Lot
1, such covenant to continue in perpetuity until the
State and Federal government (whichever has jurisdiction)
authorized more fill, and the Town of Ithaca Planning
Board consents to additional fill, such consent to be
solely the discretion of the Planning Board, and
including agreements as to acreage to be included for
calculation of open space requirements.
d. Any final use of Lot 1 shall be of such character that no
significant additional traffic be created on NYS Rte. 13
and any final site plan submitted for approval shall be
for a proposed use that, in the opinion of the Planning
\ 9
Planning Board
El
September 21, 1993
Board, does not create traffic hazards on NYS Rte. 13 due
to significantly increased traffic or traffic turning
movements.
e. The area denominated "fill" on Lot 2 be encouraged to
return to wetland status by removal of the fill within 30
days, and prior to signing of the plat by the Planning
Board Chairperson.
f. Submission to and approval by the Town Engineer of cost
estimates for those improvements necessary to bring the
roadways to be dedicated to the Town of Ithaca up to Town
specifications, prior to signing of the plat by the
Planning Board Chairperson.
g. The final plat, before signing by the Chairperson, shall
be amended to show the existing water and sewer easements
held by the Town.
NOTE: The numbers shown in the First WHEREAS add up to
approximately 83.5 + /- ares. In addition, that portion of
roadway originally part of parcel 33 -3 -2.2 is 2.05 + /-
acres. The Total is 85.5 + /- acres. (See Exhibit #2
which is hereto attached)
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Cornell, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the Mancini
Subdivision to be duly closed at 9:07 p.m.
AGENDA ITEM. CONSIDERATION OF APPROVAL OF DRAFT COMPREHENSIVE
PLAN.
Chairperson Grigorov declared the matter of approval of the
Town of Ithaca Comprehensive Plan to be duly opened at 9:09 p.m.
There being no discussion regarding the Town of Ithaca
Comprehensive Plan, the Chair asked if anyone would make a motion
for the SEQR.
MOTION by Candace Cornell, seconded by Stephen Smith:
BE IT RESOLVED; that the Town Planning Board has conducted its
review of the anticipated environmental impacts associated with the
adoption and maintenance of the report entitled: Town of Ithaca
Comprehensive Plan, and finds the following.
1 1
Planning Board
5
September 21, 1993
1. The Town of Ithaca is in need of a defined course of
action to be implemented and maintained.
2. The Town of Ithaca Comprehensive Plan has undergone an
extensive review process that has been coordinated with
adjacent municipalities, Tompkins County Planning, City
of Ithaca, Inter - municipal Sewer and Water Authorities,
the new York State Department of Transportation, and the
residents of the Town of Ithaca, New York.
3. Public Information Meetings have been conducted by the
Town of Ithaca Planning Board on March 9, and 23, and
April 6, 1.993, indicated that the public generally had
some major concerns or objections to the adoption of the
plan which have been considered by Town Planning staff
and the Planning Board.
4. A Public ]searing was conducted by the Town of Ithaca
Planning Board on August 31, 1993, and the Board
considered comments received (both pro and con), on the
Plan's adoption and maintenance.
50 The Comprehensive Plan identifies areas of the Town of
Ithaca that possess environmental features affecting
development and establishes goals, objectives, and
recommendations for guiding municipal board decisions on
future development proposals based on the environmental
criteria :set forth in Article 8 of the Environmental
Conservation Law, State Environmental Quality Review
(SEQR) Regulations, Part 617.
6. Development constraints, opportunities, goals,
objectives, and recommendations have been adequately
identified. in the proposed Comprehensive Plan in a manner
to preserve the integrity of the Town's existing
environment to the maximum feasible extent. Future site
specific environmental determinations will be required
for all development and will be coordinated with the
Plan.
7. The Plan establishes a specific direction for the Town of
realize facilities and services to achieve the land use
and development goals set forth in the Comprehensive
Plan.
80 Compared with the criteria listed in Section 617.11 of
SEQR Regulations, all indications are that the proposed
action if followed will not cause substantial adverse
change in community character, aesthetics, design and /or
natural features.
Planning Board
E
September 21, 1993
9. Coordinated review of the proposed Town of Ithaca
Comprehensive Plan and the SEQR procedures find that the
adoption of the Plan will most likely have positive
effects that will enhance the protection of the Town's
environment and, therefore, will not have potentially
significant, or damaging impacts on the environment in
the Town of Ithaca, Tompkins County, New York.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Candace Cornell, seconded by Stephen Smith.
WHEREAS, the Planning Board of the Town of Ithaca on December 5,
1989 made recommendation to the Town Board that, among other items,
a Comprehensive Planning Committee be established to prepare a
Comprehensive Plan for the Town, and
WHEREAS, the Town Board of the Town of Ithaca established the
Comprehensive Planning Committee on February 12, 1990 to perform
various special planning tasks for the Town and to prepare a draft
comprehensive plan, and
WHEREAS, the Comprehensive Planning Committee, assisted by Town
Staff and Stuart I. Brown Associates (planning consultants), has.
surveyed residents of the Town of Ithaca; conducted inventories of
the Town; prepared statements of goals, objectives, and recommended
actions; discussed and deliberated various Town planning issues;
considered various alternatives; conducted public information
meetings on various; draft documents; sought comment from Town
Boards and Committees, interested residents, and other agencies,
and
WHEREAS, the Comprehensive Planning Committee, assisted by Town
Staff and Stuart I:. Brown Associates, has submitted a draft
comprehensive plan, and
WHEREAS, Section 272 -a of New York Town Law presently specifies
that the Planning Board is responsible for the adoption and
maintenance of a Town's Comprehensive Plan, and
WHEREAS, the Planning Board held three neighborhood meetings during
March and April 1993, one on East Hill, one on South Hill, and one
on West Hill, and
Planning Board
7
September 21, 1993
WHEREAS, the
Planning Board has solicited
public
comment on the
draft Town of
Ithaca. Comprehensive Plan
both during
and after these
neighborhood
meetings, and considered
all comments
received, and
WHEREAS,
the
Planning Board
on August 31, 1993 held a Public
Hearing
on the
draft. Town of Ithaca
Comprehensive Plan to consider
further
public
comment, and
Comprehensive
WHEREAS, the Planning Board at its September 21, 1993 Meeting
considered that comment and believes the draft Comprehensive Plan
is now ready for adoption, and
WHEREAS, the Planning Board by resolution adopted on September 21,
1993, determined that the adoption of the Comprehensive Plan would
not have any significant adverse environmental impacts;
NOW, THEREFORE IT IS RESOLVED, that on September 21, 1993, the
Planning Board hereby adopts this Comprehensive Plan as the Town of
Ithaca Comprehensive Plan.
There being no, further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Carolyn Grigorov stated the she felt that the
Planning Board should thank the Comprehensive Planning Committee
and the citizens of the Town of Ithaca that participated in the
process.
Board Member Candace Cornell stated that Stephen Smith and
Carolyn Grigorov deserve thanks as the Planning Board's
representatives.
MOTION by Herbert Finch, seconded by Candace Cornell.
RESOLVED, that
the Planning
Board extends its appreciation to
the
Comprehensive
Planning Committee, the citizens of the Town
of
Ithaca that
participated
in the process of preparing
the
Comprehensive
Plan,
the Town of Ithaca Planners, Engineers,
and
Attorneys for
their
diligent efforts in preparing the Town
of
Ithaca Comprehensive
Plan.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
Planning Board 8 September 21, 1993
The MOTION was declared to be carried unanimously.
Town Attorney John Barney then went on to comment Town
Planner, Floyd Forman, and his staff for their role in bringing the
Plan to fruition.
Town Planner
Floyd
Forman thanked
his
staff, Ron Brand, and
Daniel Walker, for
their
of the
adoption of
help
and
hard
work
on this project.
There
being no
further
discussion,
Chairperson Grigorov
declared
the matter
of the
adoption of
the Town of Ithaca
Comprehensive
Plan
to
be duly
closed at 9:56
p.m.
PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN
BOARD WITH REGARD TO PROPOSED REVISIONS TO THE TOWN OF ITHACA
ZONING MAP, SAID REVISIONS REFLECT OFFICIAL CHANGES TO SAID ZONING
MAP WHICH HAVE OCCURRED AS A RESULT OF RECENT REZONINGS ENACTED BY
THE TOWN BOARD.
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 10:01 p.m. and read aloud from the
Notice of Public Hearings as posted and as published and as noted
above.
Town Planner Floyd Forman stated
change made along Seven Mile Drive since
Board discussed this. Mr. Forman, for
Ocello for, all of the time and hard work
is very much appreciated.
that there was a rezoning
the last time the Planning
the record, thanked Mike
he put into this, his work
There being no further discussion, the Chair asked if anyone
were prepared to offer a motion.
MOTION by Robert Kenerson, seconded by Virginia Langhans.
RESOLVED, that the Planning Board hereby recommends to the Town
Board the Adoption of the Zoning Map as revised on September 20,
1993, as the official Town of Ithaca Zoning Map. The same is
attached hereto.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
(The above referenced is attached hereto as Exhibit #4.)
Planning Board
0
September 21, 1993
Chairperson
Grigorov declared the
matter
of
revising the Town
of Ithaca Zoning
Map to be duly closed
at 10 :05
to offer
p.m.
PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN
BOARD WITH REGARD TO A PROPOSED AMENDMENT TO THE TOWN OF ITHACA
ZONING ORDINANCE TO ALLOW THE PLANNING BOARD TO WAIVE UP TO TWENTY
PERCENT OF THE REQUIRED PARKING IN BUSINESS AND INDUSTRIAL
DISTRICTS.
Chairperson Grigorov declared the Public Hearing in the above -
noted matter duly opened at 10:06 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
There
being no
discussion
at this time, the Chair asked if
anyone were
prepared.
to offer
a
motion.
MOTION by Virginia Langhans, seconded by Candace Cornell:
RESOLVED, that the Planning Board hereby recommends to the Town
Board the Adoption of the Proposed Local Law No. for the Year
1993 entitled "A local law to amend the Town of Ithaca Zoning
Ordinance provisions relating to waivers of parking requirements in
Business and Industrial Districts ". The same is attached hereto.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
The MOTION was declared to be carried unanimously.
(The Local Law referred to in the above resolution is hereto
attached as Exhibit #5)
Chairperson Grigorov declared the matter of the amendment to
the Town of Ithaca Zoning Ordinance to allow the Planning Board to
waive up to twenty percent of the required parking in Business and
Industrial Districts duly closed at 10:14 p.m.
AGENDA ITEM: REPORT OF THE TOWN PLANNER.
Town Planner Floyd Forman addressed the Board and stated that
he wanted to invite them to attend a Codes and Ordinance Committee
meeting held on September 29, 1993, at 7:00 p.m. Mr. Forman stated
that the topic for discussion at that meeting would be elderly
housing, with Professor Pollock speaking.
Planning Board 10 September 21, 1993
AGENDA ITEM:
OTHER BUSINESS.
Chairperson Grigorov stated that there was no other business
to come before the Board.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the September 21,
1993 meeting of the Town of Ithaca Planning Board duly adjourned at
10:19 p.m.
Respectfully submitted,
461 `t k
StarrRae Hays, Recording Secretary
Town of Ithaca Planning Board
Mancini Realty wive- Parcel Subdivision
Backlot, Elmira Road (NYS Rte. 13)
and Five Mile Drive (N-YS Rte. 13A)
Preliminary Subdivision Approval
Planning Board, September 3, 1991
prepared
materials
s issue
modifications that addres have raised t d u
been made to the
Planning Board Public Hearing
plat, including modifications to lot lines and sizes and
propose public roads.
September 3, 1991,
5• The Planning Board, at Public Hearing Assessment Sep part I,
reviewed a revised Long Environmeri eigned✓ George Form, R. Frantz
and a revised Parts II and II u�st 29, 1991, a proposed plat
Assistant Town Planner, on Aug
entitled "Preliminary Plat for Lands of Mancini W1991,, revised
dated May 17,
Ithaca Light Industrial District "199a prepared by T. G. Miller
August 30, 1991 and September 3► application materials for this
Associates,. P.C., and other
submission.
THEREFORE, IT IS RESOLVED: rant Preliminary
That the Planning Board grant and hereby does g
ubdivision Approval to the proposed - Subdivision by Earland Mancini,
S of Town of Ithaca Tax Parcel No. 6- 33- 3 -2.2,
d /b /a Mancini Realty, plat for Lands
located backlot of Elmira Road (NYntRte. ed 13) and
Plat Drive n
Rte. 13A), as shown on the plat e dated May
Of Mancini Within Town of Ithaca Light Industrial District", repared by
t 30, 1991 and September 3, 19911
171 1991, revised August subject to the following conditions:
T. G. Miller Associates, P.C•, 7
+- • the Zoning Board of Appeals of a variance for the
1. Granting by
following matters:
by T. G. Miller Associates,
for this submission*
P.C., and other
application
4. Certain
6, 1991
proposed
ed
a.. The front yard of the
the Zoning Ordinance.
b. Authorization
as part of the
Mancini lot is less than permitted by
to include a portion of the
buffer area for Lot 30
c• Such other matters as
plan to become legally
2. Exchange of
the road can
the Mancini
east lines.
may be necessary
effectiveo
strips of land between Mancini
be constructed adjacent to the
parcel between Route 13A and
residential area
to permit the site
and Stevenson so that
former north line of
the Mancini /Anderson
or
3.
Before the earlier of (a) the sa t for hconstoructi n on t either
(b) the issuance of a building permit
Route 13A westerly to the
Lot 2 or Lot 3, the entire roadway and 3 be constructed in
end of the cul de sac at Lots 2
Exhibit #1
9/21/93 Minutes
-4-
Mancini Realty Five - Parcel. Subdivision
Backlot, Elmira Road (NYS Rte. 13)
and Five Mile Drive (NO'S Rte. 13A)
Preliminary Subdivision Approval
11
Planning Board, September 3,
accordance with Town bond, or specifications 1 tter and deeded credit) to the h an Town, amount
security (cash,
determined by the Town Board, after recommendation of the Town
Engineer, and in a form approved by the Attorney for the Town, be
provided to the Town.
40 Provision be made for access from the proposed road to the rear
of Lot 1 and the Axenfeld lot by deed restriction aortdeclaration
approved by the Town Attorney, which access may,
Board's discretion, be mandated or terminated when an actual site
plan for Lot 1 is approved by the Planning
50 Restrictive covenanted
s, s and lrecorded prio r (b) t o Planner n
atsfactory to the earlier of Town
(a)
Attorney, be provided or (b) the issuance of a
the sale of either Lot 2 or Lot 31 restricting the
building permit for either Lot 2 or Lot 3► ur ose of
filling of any wetland to no more than .09 acres for p P
driveway access to Lot 2 and building on Lot 21 and no more than
.,1, acres for a rear access to Lot 1, such covenant to continue
perpetuity until the State or Federal government (whichever
authorizes more fill, and the Town of Ithaca
L j .
has jurisdiction) such consent to be
Planning Board consents to additional fill,
solely in the discretion of the Planning Board.
6. Prior to final site plan approval, approval by the Town Attorney
of an agreement pursuant to which the Developer agrees that in
exchange for not requiring any dedicated present space subdivision may the
present subdivision, the acreage in the
be added to the remaining undeveloped acreage of Mancini
(approximately 75 acres) making an approximate total of 855 acres,
for purpose of determining the required set -aside for open space
in connection with the development of the remaining 705 ±locres
(i.e., if the total acreage were 85 acres, 8.5 acres,
rk
the total acreage may be required 0 to ofbthe et aside then befor
purposes rather than 7.5 acres -
developed).
of Lot 1 7. Any final use
additional t afficlbe e created con character
13 and any
significant a roval shall be for a proposed
final site plan submitted for app Board, does not create
use that, in the opinion of the Planning nificant increased traffic
traffic hazards on Route 13 due to significant
or traffic turning movements.
the
8e Upon completion of the road all the way e brought Re uu to Town
existing road in from Route 13 Shand made into a one-way road
specifications, deeded to the Town,
for ingress only.
9n Lot 2 be restored to a wetland
, The area denominated "fill" o
Mancini Realty Five - Parcel Subdivision
Backlot, Elmira Road (NYS Rte. 13)
and Five Mile Drive (NYS Rte. 13A)
Preliminary Subdivision Approval
1991
Planning Board, September 3,
status by removal of the fill and allowing the wetland plants to
revegetate.
The location of the proposed roads be approved by the Town Board
prior to any final site plan approval.
10 .
AND, IT IS FURTHER RESOLVED:
That it is the understanding of this Board that there will be no
variances granted for construction on Lot 1.
Aye - Kenerson, Baker, Smith, Hoffmann, Aronson.
Nay - None.
CARRIED UNANIMOUSLY.
Nancy M. Fuller, Secretary,
Town of Ithaca Planning Board.
September 23, 19910
Town of Ithaca
Zoning Board of Appeals
February 26, 1992
The last Appeal to
SATISFIES PLANNING BOARD
CONDITION NO. 1
be heard by the Board was the following:
on
APPEAL OF EARLAND MANCINI, DBA MANCINI REALTY, APPELLANT, T.G.
MILLER ASSOCIATES, PC, AGENT, REQUESTING VARIANCES FROM THE
REQUIREMENTS OF ARTICLE VIII, SECTION 44, PARAGRAPH 2, OF THE
TOWN OF ITHACA ZONING ORDINANCE FOR THE CREATION OF A BUILDING
LOT, KNOWN AS LOT #4, THAT WILL RESULT IN AN EXISTING BUILDING
HAVING A FRONT YARD SETBACK OF 35 (+ OR -) FEET (150 FEET
BEING REQUIRED) AND A SOUTH SIDE YARD SETBACK OF 35 (+ OR -)
FEET (60 FEET BEING REQUIRED). A VARIANCE FROM THE
REQUIREMENTS OF ARTICLE VIII, SECTION 45, PARAGRAPH Sr IS ALSO
REQUESTED FOR THE CREATION OF A BUILDING LOT, KNOWN AS LOT #3,
WITH A PROPOSED BUILDING TO BE LOCATED 1 (+ OR -) FOOT FROM A
RESIDENTIAL DISTRICT BOUNDARY LINE (A 50 -FOOT BUFFER BEING
REQUIRED BETWEEN A STRUCTURE IN A LIGHT INDUSTRIAL ZONE AND
THE BOUNDARY LINE OF A RESIDENTIAL ZONE).. HOWEVER, THE
REQUIRED 60 -FOOT BUILDING SETBACK FROM A PROPERTY LINE WILL BE
MAINTAINED. SAID BUILDING LOTS ARE A PART OF A PROPOSED
SUBDIVISION OF LANI) LOCATED AT 608 ELMIRA ROAD, TOWN OF ITHACA
TAX PARCEL NO. 6- 33- 3 -2.2, LIGHT INDUSTRIAL DISTRICT.
Ms. Kim Jacobs, T.G. Miller Associates, explained to the Board
the background of this project.
Mr. Andy Frost presented photos of the area in question.
Town Attorney Barney gave some background history of the
Mancini properties in question.
Chairman. Austen opened the public hearing. No one appeared to
address the Board. Chairman Austen closed the public hearing.
Ms. Jacobs answered questions from Board members regarding the
wetland in the area and. the buffer zone.
MOTION:
By Mr, Edward Kind, seconded by Mr. Robert Hines:
RESOLVED, that the Town of Ithaca Zoning Board of Appeals
grant and hereby does grant a variance for the sideyard
setback of the southernmost building on Lot #4, accepting the
fact that it is 35 feet from the south lot line rather than 60
feet, and be it further
RESOLVED, that a further variance is granted for the front
yard setback of the northerly building from the existing
roadway, that setback being only 35 feet, whereas normally 150
feet is required in a Light Industrial Zone, and be it further
Exhibit #2
9/21/93 Minutes
IffiTown of Ithaca
Zoning Board of Appeals
Webruary- 26, 1992
RESOLVED, that, as to Lot #3, the
permit the use and inclusion the
southwest corner of the lot, part
zone, for the required buffer for
building within this zone 60 feet
residential zone, and be it further
Board of Zoning Appeals
:riangular portion at the
which is in a residential
Lot #31 for placing a
away from the adjacent
RESOLVED, that these variances all the conditions set gfort upon
by the
petitioners complying wit approval of this
Planning Board and ultimately obtaining
subdivision from the Planning Board.
A vote on the motion resulted as follows:
Ayes - King, Hines,, Reuning, Austen, Scala.
Nays - None.
The motion carried unanimously.
[The Adopted Resolution of the Exhibit #7,g Board, dated September
31 1991, is attached hereto as
Adjournment
Upon motion,
p.m.
the meeting was adjourned by the Chair at 9:00
Connie J•
Recording
APPROVED:
Edward Austen, Chairman
Holcomb
Secretary
SATISFIES PLANNING BOARD
CONDITION NO. 2
AGREEMENT FOR THE CONVEYANCE OF REAL PROPERTY
This agreement made this 14th day of September, 1993, by and
between Earland Mancini and Robert Mancini d /b /a Mancini Realty
(herein "Mancini "), owner of property designated as Lot F on final
subdivision plat (herein "subdivision plat ") for lands of Mancini
within the Town of Ithaca Light Industrial District, prepared by
T.G. Miller, P.C., Allen T. Fulkerson, L.S., #049269 dated May,
r 16, 1993 and Benjami
1993, and revised Septembe n and Stevenson
Real Estate Co. (herein "Benjamin and Stevenson "), a partnership
doing business in the County of Tompkins, State of New York and the
owner of property designated as Lot E on the subdivision plat.
WHEREAS Mancini desires to acquire Lot E on the subdivision
plat and Benjamin and Stevenson desire to acquire Lot F on the
subdivision plat;
NOW THEREFORE, in consideration of the mutual covenants herein
set forth, the parties hereto agree as follows:
1; Conveyance o ts: Mancini agrees to convey to Benjamin
and Stevenson Lot F and Benjamin and Stevenson agree to convey to
Mancini Lot E; each lot is shown on the subdivision plat.
2. Deed /Title Search: Each party is to furnish a good and
sufficient full covenant warranty deed with lien covenant to the
premises, a survey of the property, ten -year (10) tax searches, and
an abstract company title search covering at least forty (40) years
to time of transfer, showing good and marketable title, free of
liens and encumbrances, except restrictions running with the land,
common to the tract or subdivision, common driveways, and all
rights of way and easements heretofore granted to public utility
corporations.
30 objections toto =1e* Each party's attorney shall have
abstract and legal papers for examination at least five (5) days
before closing. If defects are found in title as shown by
abstract, Seller shall have a reasonable time to cure any
Objections to marketability of title.
4, Closing: The transfer is to be completed at the office
n August 25, 1993, or as soon thereafter
of Harris, Beach & Wilcox o
nal subdivision approval by the Town of
as Mancini shall receive fl
Ithaca. Each party :hall pay the applicable Transfer Tax for the
art shall pay the
parcel which he shall convey and each party
applicable_ recording fees for the property which he shall acquire.
5, Adjustments: Each party shall pay all currently
outstanding taxes levied on the parcel which that party shall
convey under the terms of this agreement. Further adjustments of
taxes are,waived.
6, possession: possession of premises shall be delivered
at closing.
7. Binding Effect: This offer shall remain open and good
until it expires by its terms, and if accepted, shall constitute
urchase and sale, and it shall bind the
a binding contract of p
heirs, executors and assigns of both Buyer and Seller.
In Witness Whereof, the parties hereto have set their hands
and seals the day and year first above written.
MA((NCINIpp REALTY
EARLAND MAN INI, Partner
i
BEND IN &iSTEVENSON REAL ESTATE CO.
Jer'y Ste enson, Partner
V CONDITION NO. 3
To satisfy Preliminary Subdivision Approval Condition No. 3
the Final Subdivision Approval will condition the following:
Before the earlier of (a) the sale of either Lot 2 or Lot 3 ,
or
(b) the issuance of a building permit for construction on either
13A westerly to
Lot 2 or Lot 3, the entire roadway from a
Rout3 be constructed tin
end of the cul de sac at Lo d to the Town, or
accordance with Town specifications and deede
security (cash,
bond or letter of credit) in an amount
determined by the Town Board, after recommendation of the Town
ved by the Attorney for the Town, be
Engineer, and in a form appro
provided to the Town.
SATISFIES PLANNING BOARD
CONDITIONS NO. a, 51 & 6
This Declaration of Restrictive Covenants and Easement is
adopted, declared and established this 16th day of September, 1993
by Earland Mancini, residing at 19189 North 67th Drive, Glendale,
Arizona 85308 and Robert Mancini, residing at 61 Flores Del Norte,
Fort Pierce, Florida 34951 d /b /a Mancini Realty and the owner of
an 85.52± acres parcel of property situate at 608 Elmira Road in
the Town of Ithaca, County of Tompkins, State of New York and
designated as Town of Ithaca Tax Parcel #6- 33 -3 -2.2 (herein
"Mancini premises ").
W I T N E S S E T H:
WHEREAS, the Town of Ithaca Planning Board issued its
Preliminary Subdivision Approval on September 3, 1991 for the
Mancini premises, constituting a Five - Parcel Subdivision located
on bank lot of Elmira Road (New York State Route 13) and Five Mile
Drive (New York State Route 13A) and
WHEREAS, the Preliminary Subdivision Approval was conditioned
upon certain requirements, including the establishment of certain
restrictions and easement;
NOW? THEREFORE, in order to comply with conditions Number 1141'r
115" and .11611 of the Preliminary Subdivision Approval, and for other
good and valuable consideration, the undersigned hereby adopts,
declares and establishes the following restrictions and easements;
1. Easement. There is hereby established an easement for
ingress and egress, including vehicular traffic, for the benefit
of Lot 1 over and across Lot 2 as shown on the subdivision map
entitled Final Subd.
Town of Ithaca Light
P.C. dated May, 19
"subdivision map ")
Lvision Plat for Lands of Mancini within the
Industrial District prepared by T. G. Miller,
93, and revised September 16, 1993 (herein
between the cul de sac at the end of the
proposed roadway to be known as Mancini Drive from New York State
Route 13A Westerly to Lots 2 and 3, more particularly bounded and
described as follows:
Commencing at a point located in the easterly line of Lot No.
1 on the aforementioned subdivision map, said point also being
located in the westerly line of lands reputedly of Axenfeld as
described in Liber 645 of Deeds at Page 642, said point being
located S21°- 47' -Ol "E; a distance of 50.00 feet from an iron pin
marking the northwest corner of lands of Axenfeld,
Running thence S680- 12' -59 11W for a distance of 30.00 feet to a
point,
Running thence N210- 47' -01 "W passing through the northerly line of
Lot No. 1 at a distance of 108.39 feet and continuing through Lot
No. 2 for a total distance of 289.26 feet to a point in the cul de
sac at the western terminus of a proposed Town road to be
designated as Mancini Drive,
Running thence southeasterly along a southerly line of the cul de
sac for an arc distance of 5.34 feet, to a point, said course
having a chord bearing and distance of N73 °- 37' -01 "E - 5.33 feet,
to an iron pin that. marks the point of tangency, the point of
intersection of the southerly line of Mancini Drive with the
beginning of the cul de sac,
Running thence N710- 43' -15 11E along the southerly line of Mancini
Drive, also being along the northerly line of Lot No. 2 for a
distance 24.74 feet to a point,
Running thence S21 0--47' -01 11E. passing through
at the northeasterly corner of Lot Now 1 at
feet, continuing and passing through an iron
northwesterly corner of Axenfeld at a distanc
a total distance of 287.25 feet to the
beginning@
an iron p:
a distance
pipe which
e of 237.25
point and
Ln located
of 174.48
marks the
feet, for
place of
Said parcel contains 0.198 acres.
Provided further, that this easement shall not be terminated,
except upon the approval of the Town of Ithaca Planning Board.
2. Wetlands. No part of the T.E.S. designated wetland area
(2.13 acres net) as shown on the subdivision map shall be filled,
except as follows:
a. For the purpose of constructing driveway access to Lot
2 and a building on Lot 2, the maximum permitted fill shall be 0.09
acres total.
b. For the purpose of constructing a driveway providing rear
access to Lot 1, the maximum permitted fill shall be 0.10 acres.
C. This restriction shall continue until such time as the
State, Federal or other governmental agency having jurisdiction
authorizes additional. fill and the Town of Ithaca Planning Board,
in its sole discretion, consents to additional fill.
39 RestrictivE, Covenant on Remainder of Mancini Premises.
The remainder of the Mancini premises i.e. the portion not included
within the Light Industrial District, constituting approximately
67.70 + /- acres shall be subject to a required set -aside for open
space computed by adding: (1) the amount of the applicable set -
aside requirement for the remaining 67.70 acre parcel, as such
requirement may exist at the time such parcel is further
subdivided, plus (2) ten percent (10 %) of the acreage of the
Mancini subdivision within the Light Industrial District
(approximately 17.82 acres) or 1.78 acres. For example, if the
required set -aside is twelve percent (12 %) at the time of such
further subdivision, then the set -aside shall be:
67.70 acres x .12 = 8.12 acres
+ 1.78 acres
9. 00 acres
This restriction shall not be terminated except on approval of the
Town of Ithaca Planning Board.
These restrictions and easement shall
4, Binding Effecte
run with the land and bind the undersigned, his grantees and the
f the parcels affected and their heirs and
successive owners o
assigns forever.
IN WITNESS WHEREOF, the undersigned has set his hand and seal
the day and year first: above written.
MANCINI REALTY
By
STATE OF NEW YORK )
COUNTY OF TOMPKINS ) ss.:
EARLAND MANCINI, PARTNER
On this 160 day of September, 1993, before me personally
came Earland Mancini, to me known and known to me to be the person
described in and who executed the foregoing instrument and he
acknowledged to me that he executedIe ame. —
Notary Public
MARK B WHEELER
Notary PuNoC, St4 New York
te of
()uaiified in Tompkins County
Comm scion Expires March 30, 199:Z
SATISFIES PLANNING BOARD
CONDITION NO, 7
To satisfy Preliminary Subdivision Approval Condition No. 7
the Final Subdivision Approval will condition the following:
Any final use of Lot 1 shall be of such character that no
significant additional traffic be created on Route 13 and any
final site plan submitted for approval shall be for a proposed
use that, in the opinion of the Planning Board, does not create
traffic hazards on Route 13 due to significant increased traffic
or traffic turning movements.
SATISFIES PLANNING BOARD
CONDITION NO. 8
To satisfy Preliminary Subdivision Approval Condition No. 8
the Final Subdivision Approval will condition the following:
Upon completion of the road all the way in
existing road in from Route 13 shall be
specifications, deeded to the Town, and made
for ingress Only.
from Route 13A, the
brought up to Town
into a one -way road
Fill material in the area of Lot 2 adjacent
property line has been removed and this area
to re- vegetate.
t TISFIES PLANNING BOARD
CONDITION NO. 9
to the easterly
I
s being allowed
capy
TOWN OF ITHACA
ENGINEERING MEMORANDUM
SATISFIES PLANNING BOARD
CONDITION NO. 10
TO: File
FROM: Dan Walker, Town Engineer
SUBJECT: Engineering Review of Mancini Subdivision Road Plans
DATE: July 23, 1993
I have reviewed the Mancini Drive Improvements Plan, progress plans
dated July 7, 1993, prepared by T.G. Miller, P.C. Engineers, and have
found them to be in compliance with the Town of Ithaca road
specifications and consistent with design elements discussed with the
Highway Superintendent during the preliminary design process.
I note two minor items to be confirmed:
1s a note on sheet: 1 of 8 indicating that traffic signage is to be
provided by the Town of Ithaca,
2a existing water and sewer easements have not been shown on the plan.
MANCIN02 /REVMEMO /09/26/30/DRW/
xc: Fred Noteboom, Acting Highway Superintendent
Floyd Forman, Town Planner
Andy Frost, Building Inspector /Zoning Officer
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9/21/93 Minutes
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TOWN OF ITHACA
OWN OF NEWFIELD
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RG RESIDENCE DISTRICT RS C
Rai RESIDENCE DISTRICT Rai D
RIG RESIDENCE DISTRICT RIG E
R30 RESIDENCE DISTRICT R30 LI
MR MULTIPLE RESIDENCE DISTRICT 1
A BUSINESS DISTRICT A AG
13 BUSINESS DISTRICT B g
. . � 1 .
CAYUGA LAKE
TOWN OF IT76IACA
CITY OF ITHACA
TOWN OF DANDY
BUSINESS DISTRICT C
BUSINESS DISTRICT D
BUSINESS DISTRICT E
LIGHT INDUSTRIAL DISTRIC 'r
INDUSTRIAL DISTRICT
AGRICULTURAL DISTRICT
SPECIAL LAND USE DISTRI(r T
. • � . . � . . � . s _ • . � . .
VILLAGE OF CAYUGA
HEIGHTS
. . r . . r . . � • 6
CITY OF ITHACA
NOTE.
Refer also to Town Of Ithace
Zoning Ordinance Article 111,
Section 3, and to Town Beard
local laws and ordinances
rezoning certain areas for
additional information on
spcciflo boundaries.
VILLAGE OF LANSING
.y
TOWN OF ITHACA
ZONING MAP
TOWN OF ITHACA
126 EAST SENECA ST.
ITHACA, N.Y. 14850
0 1000 2000 3000 4000
REVISED: 9/20/99
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Exhibit #
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9/21/93 Minutes
LOCAL LAW NO.
FOR THE YEAR 1993
A LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING
TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL
DISTRICTS
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. The Zoning Ordinance of the Town of Ithaca, as readopted, amended, and
revised effective February 26, 1968 and thereafter further amended, be further amended as
follows:
1. Section 38, Subparag:-aph 1, is amended by adding the following at the end thereof.
"Notwithstanding the foregoing, if an existing or proposed project meets the
following criteria, the Planning Board may authorize the required minimum
number of parking spaces to be reduced by no more than 20%. The criteria are
as follows:
(a) The project involves construction of a building, or one or more
buildings as part of the same project, with a total floor area of
more than 20,000 square feet.
(b) The occupancy of the building or buildings is intended to be
multiple use (e.g., an office building together with a restaurant or
retail store, etc.).
(c) 'The reduction in the number of parking spaces will not adversely
affect traffic flow on the project site, will leave adequate parldng
for all of the reasonably anticipated uses or occupancies in the
project, and will not otherwise adversely affect the general welfare
of the community.
If the Planning Board permits a
spaces, the Planning Board may ii
judgment of the Planning Board,
meet the criteria set forth above.
Planning Board, such reduction
conditions:
reduction in the required number of parking
npose such reasonable conditions as may, in the
be necessary to assure that such reduction will
In any event, unless expressly waived by the
shall be subject to the following additional
(d) Any space that is made available by the reduction in the required
number of parking spaces may not be used for construction of any
structures.
(e) Any land made available by virtue of such reduction be landscaped
with grass or other vegetation approved by the Planning Board.
Exhibit # 5
9/211/93 11inutes
parking.U. wp51Wh11oca11aw, , 07107193 3:02pm
(f)
If, any time within five years after construction of the project, the
parkin; is found to be inadequate because
the demand for parking spaces on the project site exceeds
on more than two occasions annually the number of parking
spaces available; or
the traffic flow through the parking area creates an
undesirable or hazardous condition by reason of the
reduction of parking spaces; or
(iii) there is repeatedly undue congestion in the parking areas by
reason of the reduction of parking spaces;
then the developer or subsequent owner of the project will install
additional parking spaces up to the minimum number that would
have been otherwise required by the terms of this ordinance
without granting any reduction. Unless waived by the Planning
Board, the granting of the requested reduction in parking shall be
conditioned on the developer or applicant executing an agreement
in form acceptable to the Planning Board and acceptable for
recording in the Tompkins County Clerk's Office agreeing to
install the additional parking spaces as may be required by the
above conditions.
In the event there is any significant change in use, or a subdivision of the
project site, or a sale of a portion of the site, with respect to which a
reduction in the required number of parking spaces has been granted, such
change, subdivision, or sale may be conditioned upon a requirement that
additional parking spaces be required up to the minimum that would have
otherwise been required but for the reduction granted pursuant to these
provisions."
2. Section 45, Subparagraph 1 is amended by adding at the end thereof the following:
"Notwithstanding the foregoing, if a proposed project meets the criteria set forth
for reduction of required parking spaces as set forth above with reference to
business districts (see Section 38, Subparagraph 1), the Planning Board may
authorize the minimum number of parking spaces to be reduced by no more than
i
2
panidng.11, wp511 irh Ilocallaw, , 07/07193 8:02prn
200. If the Planning Board permits such a reduction, the Planning Board may
impose such reasonable conditions, including the conditions set forth with respect
to reductions of parking spaces in business districts, as may, in the judgment of
the Planning Board, be necessary to assure that such reduction will not cause
congestion, create undesirable traffic flows or hazards, or otherwise be adverse
to the General welfare of the community. In any event, unless expressly waived
by the Planning Board, such reduction shall be subject to the same mandatory
conditions as are set forth with respect to business district parking area
reductions."
3. Section 50, Subparagraph 1, is amended by adding at the end thereof the
following,
"Notwithstanding the foregoing, if a proposed project meets the criteria set forth
for reduction of required parking spaces as set forth above with reference to
business districts (see Section 38, Subparagraph 1), the Planning, Board may
authorize the minimum number of parking spaces to be reduced by no more than
210%. If the Planning Board permits such a reduction, the Planning, Board may
impose such reasonable conditions, including the conditions set forth with respect
to reductions of parking spaces in business districts, as may, in the judgment of
the Planning Board, be necessary to assure that such reduction will not cause
congestion, create undesirable traffic flows or hazards, or otherwise be adverse
to the general welfare of the community. In any event, unless expressly waived
by the Planning, Board, such reduction shall be subject to the same mandatory
conditions as are set forth with respect to business district parking area
reductions."
ection 2. In the event that any portion of this local law is declared invalid by a court
of competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is filed in
the Office of the Secretary of the State of New York, whichever is later.
3