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HomeMy WebLinkAboutPB Minutes 1994-07-19TOWN OF ITHACA PLANNING BOARD JULY 19, 1994 The Town of Ithaca Tuesday, New York July at 7:30 19, 1994, in p.m. FBNAL TOWN OF ITHACA PLANNING BOARD JULY 19, 1994 The Town of Ithaca Tuesday, New York July at 7:30 19, 1994, in p.m. FILED TOWN OF ITHACA Date .2. Cler Planning Board met in regular session on Town Hall, 126 East Seneca Street, Ithaca, PRESENT: Chairperson Robert Kenerson, Gregory Bell, Eva Hoffmann, James Ainslie, Herbert Finch, Candace Cornell, Jonathan Kanter (Town Planner), George Frantz (Assistant Town Planner), John Barney (Town Attorney). ALSO PRESENT: Fred Estabrook, Cheryl Smith, Fred Wilcox, Ruth Mahr, Ralph Varn, George Bayer. Chairperson Kenerson declared the meeting duly opened at 7:30 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on July 11, 1994 and July 13, 1994, 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 Clerks of the City of Ithaca and the Town of Ulysses, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate on July 14, 1994. Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Kenerson asked if anyone from the public wished to speak. No one spoke. Chairperson Kenerson closed this portion of the meeting. There being time before the scheduled Public Hearing, Chairperson Kenerson asked that the Board members consider approval of the July 5, 1994 Planning Board Minutes, and asked if anyone were prepared to offer a motion. AGENDA ITEM: APPROVAL OF MINUTES - JULY 5, 1994. MOTION by James Ainslie, seconded by Herbert Finch: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of July 5, 1994, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch. Nay - None. Absent - Cornell. The MOTION was declared to be carried. V Planning Board 2 July 19, 1994 PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED MODIFICATION OF LOT LINE BETWEEN TOWN OF ITHACA TAX PARCELS NO. 54 -7 -41 AND 54 -7 -42. SAID MODIFICATION TO RESULT IN THE TRANSFER OF 0.04 + /- ACRE FROM TAX PARCEL NO. 54 -7 -41 TO TAX PARCEL NO. 54 -7 -42, AND THE TRANSFER OF 0.04 + /- ACRE FROM TAX PARCEL NO. 54 -7 -42 TO TAX PARCEL NO. 54 -7 -41, LOCATED AT 237 AND 243 CODDINGTON ROAD, RESIDENCE DISTRICT R -9. ORLANDO IACOVELLI ET AL. AND WILLIAM L. BALDINI, ET AL., OWNERS; ORLANDO IACOVELLI, APPLICANT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7:37 p.m. and read aloud from the Notice of Public Hearing as posted and published and as noted above. Chairperson Kenerson stated that the Planning Board Members received a memorandum from Town Engineer Daniel Walker, dated July 14, 1994, with regard to the Iacovelli lot line modification. (Above mentioned memorandum is attached hereto as Exhibit #1) Chairperson Kenerson noted that this was a Public Hearing and asked if anyone from the public wished to speak. Fred Estabrook of 257 Coddington Road, addressed the Board and stated that he was concerned about traffic control at the back entrance at Ithaca College and the height of the building would possibly interfere with the view of the lake for himself and other residents in the area near the proposed construction site. Mr. Estabrook stated that Mr. Frantz had checked the elevation levels of the building and stated that it could obstruct the view from his house completely. Mr. Estabrook stated that if there was a way to modify the structure so that he and his neighbors would not lose the view, the neighbors would all be very grateful. Mr. Estabrook stated that the proposal before the Planning Board now is a better proposal than the proposal brought before the Board in 1991. Mr. Estabrook asked that the Board to do whatever is possible to limit the negative impact on the view and the neighbors. Board Member Eva Hoffmann stated for clarification that there was no proposal for building anything on this parcel, it was a proposal only to change lot lines. Assistant Town Planner George Frantz responded that the matter before the Board is only a modification of the lot lines and the Mr. Estabrook was pointing out his concerns about the ultimate design of the building and its impact on the views. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by James Ainslie: WHEREAS. Y Planning Board 3 July 19, 1994 16 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed modification of lot line between Town of Ithaca Tax Parcels No. 54 -7 -41 and 54 -7 -42. Said modification to result in the transfer of 0.04 +/- acre from Tax Parcel No.54 -7 -41 to Tax Parcel No.54 -7 -42, and the transfer of 0.04 +/- acre from Tax Parcel No.54 -7 -42 to Tax Parcel No.54 -7- 41, located at 237 and 243 Coddington Road, Residence District R -9 and Multiple Residence. Orlando Iacovelli et al. and William L. Baldini, et al., Owners; Orlando Iacovelli, Applicant. 2. 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 3. The Planning Board, at a Public Hearing held on July 19, 1994, 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 "Subdivision Plat: Land Trade at 243 Coddington Rd.," prepared by Lawrence P. Fabbroni, L.S., P.E., and dated May 16, 1994, and other application materials, and 4. 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 - referenced action as proposed and, therefore, neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Cornell Nay - None. The MOTION was declared to be carried unanimously. Board Member Eva Hoffmann stated that the Board should consider Item No. 3 in Daniel Walker's memorandum which suggested that Mr. Iacovelli consolidate his two parcels into one larger parcel. Mr. Iacovelli stated that he did not want to incumber the lot which already has the building on it with the other lot. Mr. Iacovelli wished to leave them as two lots. Board Member Eva Hoffmann asked Town Planner Jonathan Kanter if he knew why Mr. Walker felt the lots should be consolidated. Town Planner Jonathan Kanter responded that he believed that Mr. Walker thought that since the site plan was showing an existing 4 unit Planning Board 4 July 19, 1994 which was approved as a single site plan and felt that at those times the lots should have been consolidated since they were reviewed and approved as one unified development. Town Attorney John Barney stated that his concern was that normally Multiple Residence Zone is of two acres or better, and neither of these parcels amount to an acre. Mr. Iacovelli stated that he was not interested in consolidating the two lots into one at this time. Board Member Gregory Bell stated that there was another reason not to consolidate the parcels which is because the ownership of the parcels under discussion is listed under different names. MOTION by Eva Hoffmann, seconded by Herbert Finch: :J�#V 10 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed modification of lot line between Town of Ithaca Tax Parcels No. 54 -7 -41 and 54 -7 -42. Said modification to result in the transfer of 0.04 +/- acre from Tax Parcel No. 54 -7 -41 to Tax Parcel No. 54 -7 -42, and the transfer of 0.04 +/- acre from Tax Parcel No. 54 -7 -42 to Tax Parcel No. 54 -7- 41, located at 237 and 243 Coddington Road, Residence District R- 9 and Multiple Residence. Orlando Iacovelli et al. and William L. Baldini, et al., Owners; Orlando Iacovelli, Applicant. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, did at a Public Hearing held on July 19, 1994 make a negative determination of significance, and 3. The Planning Board, at a Public Hearing held on July 19, 1994, 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 "Subdivision Plat: Land Trade at 243 Coddington Rd.," prepared by Lawrence P. Fabbroni, L.S., P.E., and dated May 16, 1994, and other application materials. NOW, THEREFORE, BE IT RESOLVED: 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, 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed as shown on the subdivision plat entitled "Subdivision Plat: Land Trade at 243 Coddington Planning Board 61 July 19, 1994 Rd.," prepared by Lawrence P. Fabbroni, L.S., P.E., and dated May 16, 1994, and other application materials, subject to the following conditions: a. Prior to signing by the Chairman of the Planning Board, revision of the subdivision plat to show accurate locations and descriptions of all subdivision monuments, the location, name, and dimensions of each utility, drainage, or similar easement within, abutting, or in the immediate vicinity of the proposed subdivision, and the surveyor's certification, b. The triangular parcel being subdivided from Tax Parcel No. 54 -7 -41 be consolidated with the remainder of Tax Parcel No. 54 -7 -42, c. The triangular parcel being subdivided from Tax Parcel No. 54 -7 -42 be consolidated with the remainder of Tax Parcel No. 54 -7 -41, d. Deeds be prepared effecting such consolidation and recorded with copies of the deeds and receipt for such filing be provided to the Town Planner and Town Attorney before a building permit is issued for any construction on Tax Parcel No. 54 -7 -41, e. There be granted to the Town a 20 -foot wide sewer easement, in usual form for the location and maintenance of the sewer line that presently traverses the property approximately as shown on the subdivision plat; prior to the granting of any building permit for construction on Tax Parcel No. 54 -7 -411 Mr. Iacovelli addressed the Board and stated that he did not understand the conditions that Attorney Barney had read, and that he did not wish to agree to something that he did not understand. Attorney Barney explained conditions "b" through "e" above, to Mr. Iacovelli and showed him on his subdivision map how they applied to his subdivision. Mr. Iacovelli concurred with the conditions as listed above. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Cornell. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of Preliminary and Final Subdivision Approval for 237 and 243 Coddington Road for Orlando Iacovelli duly closed. at 8:02 p.m. AGENDA ITEM: SKETCH PLAN REVIEW: CONSIDERATION OF SKETCH PLAN FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 56 -3 -14.2, 20.01 + /- ACRES TOTAL AREA, INTO TWO LOTS, 11.35 + /- AND 8.65 + /- ACRES Planning Board 6 July 19, 1994 IN SIZE RESPECTIVELY, LOCATED ON THE NORTH SIDE OF SLATERVILLE ROAD BETWEEN BURNS ROAD AND THE TOWN OF ITHACA /TOWN OF DRYDEN LINE, RESIDENCE DISTRICT R -15. ELEANOR FOOTE, OWNER, RALPH VARN, APPLICANT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 8:04 p.m. and read aloud from the Planning Board's agenda. Ralph Varn addressed the Board and stated that he was acting as Mrs. Foote's agent and was asking for a simple two -lot subdivision. Mr. Varn stated that he had submitted an application for the subdivision, which was accepted and was told that they would be on the July 5, 1994 agenda for final approval at that meeting. A couple of weeks later Mr. Varn stated that he had received a call from Town Engineer Daniel Walker who stated that at a Planning staff meeting, it was decided that it would be better to come to the Board for Preliminary approval rather than Final because of some concerns about park dedication and creating a land locked parcel. On June 24, 1994, Mr. Varn asked Mr. Walker to put that in writing so that he could notify Mrs. Foote. On June 24, 1994, Mr. Varn received a letter from Assistant Town Planner George Frantz stating that the application was not complete, and that the subdivision was not on the schedule at all. Mr. Varn stated that the proposal was for a simple two -lot subdivision and that the land would be deeded over to himself and that it would become a part of his land which is the proposed Peregrine Hollow Subdivision in the Town of Dryden. Mr. Varn stated that he did not feel that it should be dragged out so long. Mr. Varn continued by requesting that the proposal go to Final Subdivision approval without any major problems at the next Planning Board meeting. Mr. Varn stated that he had received preliminary approval from the Town of Dryden for Phase I, which consists of 44 single family building lots. The proposal for town houses had been moved to the fourth phase of development at the request of the Town of Dryden residents. Mr. Varn stated that the sewer line would be connected to the Route 79 sewer line. Mr. Varn stated that the roads had the proper slopes, and there would be a 60 -foot strip of land to connect to the Blanpied property to give them some access. Mr. Varn stated that he believed that it was good property and a good project. Mr. Varn stated that he would like to see the Town of Ithaca and the Town of Dryden work together to make this a more successful project. Mr. Varn stated that the Eastern Heights Park is a very underutilized park. Mr. Varn stated that when the project was begun he knew that the existing sewer on Slaterville Road was a flat sewer line, and the manhole at the end of that sewer line was the flush type manhole, which was considered to be a good thing for the Town of Ithaca. Board Member James Ainslie asked if the Town was maintaining the park. Mr. Varn responded that the Town of Ithaca does maintain the park, and that it was a beautiful park. Board Member Candace Cornell stated that there were some flooding problems in the park which the Town was working on, but that it could be because of the developments that were put in which had stripped some of the vegetative buffer that was holding the water. Ms. Cornell Planning Board 7 July 19, 1994 stated that there was frequent flooding of the ball fields and that water is a problem in that area because there tends to be a perched water table. Mr. Varn responded that he had never seen the park flooded. Ms. Cornell stated that it was on record. Mr. Varn pointed out that within the main Peregrine Hollow Subdivision the Town Houses that were located adjacent to the Eastern Heights Park have been moved further east away from the park. Mr. Varn also pointed out a +/- 6 acre parcel of permanent open space in approximately the middle of the Peregrine Hollow Subdivision. Mr. Varn also proposed Senior Citizen housing and approximately 5 acres that would be dedicated to a day care facility as part of the project. Mr. Varn stated that there were also plans to connect trails all through the open space down to the old quarry. Board Member Candace Cornell asked Mr. Varn who would own the open spaces. Mr. Varn responded that the Town of Dryden does not want to accept parks and open spaces at this time, and that he would hold ownership of open spaces. Mr. Varn stated that another possibility Hill Road for all would be to run lot lines together with restricted areas within the deeds so that individual homeowners would not be able to touch the open space. Board Member Candace Cornell asked if Mr. Varn had any plans for roads to go through the Town of Ithaca from this development, as an access to Route 79. Mr. Varn responded, No. Mr. Varn stated that a road could go through the Blanpied property to the road on the Frandsen property which connects to Route 79. Ms. Cornell stated that as it stands, there would be only one access to Snyder Hill Road for all of that development. Mr. Varn responded that there would be a second access with the approval of Phase II. Ms. Cornell asked Town Planner Jonathan Kanter if he knew of any concerns that Town Engineer Daniel Walker may have had regarding this project. Town Planner Jonathan Kanter responded that one of his concerns was the sewer connection. Mr. Kanter stated that this would require extending the sewer district into the Town of Dryden and having a formal agreement with the Town of Ithaca to connect to the sewer line on Slaterville Road. Mr. Kanter further stated that the Town had discussions with the Town of Dryden on getting that put into motion and based on those discussions, it seems to be feasible and in the process of being worked out, Planning Board Ms. Cornell asked the Town of Ithaca. July 19, 1994 if it presented a hardship to the residents of Mr. Kanter responded that he could not answer that. Mr. Kanter stated that from an engineering viewpoint, they would need to look into the capacity of the sewer on Slaterville be Road and where that flows and possible future development in the Town of Ithaca other than the Peregrine Hollow development. Those are things that Mr. Walker had started discussions with the Town of Dryden about. this Town Attorney John Barney stated that any resolution to the problem would be done in a way that would not be a financial burden on Town of Ithaca residents. There would be some sort of financial arrangement for other projects to contribute. Mr. Varn addressed the Board and stated that he was here asking the Planning Board for a simple 2 -lot subdivision of Eleanor Foote's property, not for the Peregrine Hollow subdivision. Assistant Town Planner George Frantz stated that the Boards needs to consider the Peregrine Hollow Subdivision while looking at the Foote Subdivision because of the sewer service for both this parcel and the Peregrine Hollow Subdivision among other issues. Town Attorney John Barney addressed the Board and stated, for the record, that Mr. Varn has been at times and still is, in some matters, a client of his office, not on this matter and not on anything to do with the Dryden subdivision, and certainly not anything appearing before the Town Planning Board. Board Member Gregory Bell asked Mr. Varn to point out the two lots be that were being considered for subdivision at this meeting. Mr. Varn pointed out the lots and stated the creation of a land locked parcel, Lot #1. lot would be joined with the Peregrine Hollow stated that there could be some wording that that the real issue was Mr. Varn stated that Subdivision, Mr. Varn could be figured out so that he could not take that parcel into his land and then sell it separately from his land. be acquired simultaneously from Mrs. Town Attorney John Barney stated that if the Board granted this subdivision, Mr. Varn would accept a condition that the lot would not be sold until a road had been constructed or road frontage had been provided to that parcel. Mr. Varn concurred with the statement made by Attorney Barney. Attorney Barney stated that an additional condition would be that both of these lots be acquired simultaneously from Mrs. Foote, Mr. Varn stated that both lots would be purchased at the same time. Board Member Candace Cornell asked Mr. Varn what type of housing he planned to build. Planning Board 9 July 19, 1994 Mr. Varn responded the proposal was for all residential housing, colonial style housing, and single family homes. Mr. Varn stated that the Zoning in the Town of Dryden, as well as the Town of Ithaca, allows an in -law apartment. Mr. Varn had brought a model of what the proposed Peregrine Hollow Subdivision would look like if constructed as proposed. The Board members viewed the model. Board Member Candace Cornell stated that a concern she had was stormwater runoff from development. If this subdivision was approved, since the flow of the entire watershed is flowing into the Town of Ithaca, then the Town of Ithaca should have some approval over the stormwater management plans for the development of Peregrine Hollow. Mr. Varn stated that he would make the calculations on the stormwater runoff available to Town of Ithaca Town Engineer Daniel Walker. Ms. Cornell stated that she wanted Mr. Walker to have an approval over the stormwater runoff plans. Mr. Varn responded that he was not interested in having Mr. Walker have stated that approval over the land was the stormwater management plans. Mr. Varn divided into five sections and the water flowed to five different destinations, instead of all of the water going into one quarry. Mr. Varn showed the Board approximately where he felt the water runoff went by pointing out the specific areas on the model. erosion and sedimentation control plan for Cheryl Smith of 104 Skyvue Road, addressed the Board and stated that her basement was flooded on a regular basis. Ms. Smith stated that the flooding was heavier in the springtime from the snow melting, and that it was not limited to the snow, when it rains hard and fast, it goes into her basement. Ms. Smith stated that if Mr. Varn had driven into the park every day as he stated earlier, then he had to have driven his car over the little gully that had been washed out, which is not in the rip rap, it comes right across a field, washes out a ditch in the road and continues to an unknown destination. Ms. Smith stated that the ballpark, which is flat, does get flooded every spring and is majorly under water from water coming off the entire hill. Ms. Cornell stated that because of the problems which already exist due to development in the area, she felt that it is very important to have an adequate stormwater, erosion and sedimentation control plan for this subdivision, if it goes through, because the impact will be in the Town of Ithaca. Board Member James Ainslie stated that Mr. Varn had stated earlier that he had. been to the park everyday with his child, and asked if he had ever seen any water there with the type of rains that have been in the area. Mr. Varn stated that he had never seen any water and pointed out Planning Board 10 July 19, 1994 that the culvert pipe in the park has never been disturbed. Mr. stated that Ms. Smith's house was located in an upper section of development. Mr. Varn stated that the water was drawn away from Smith's house to culverts. Mr. Varn stated that as part of drainage plan there would be a holding system put in to control Varn the Ms. the the surface runoff. that the Town is assured that there are adequate stormwater and Board Member Candace Cornell stated that she would like to see that the Town is assured that there are adequate stormwater and erosion control plans as a result of new development, from Peregrine Hollow development including the subdivision under the discussion tonight. Ms. Cornell stated that she would like to see that plan as a contingencyt when the Planning Board does come to an approval. Ms. that concerned dedication. Cornell stated that there were a lot of other her as well, and one was Mr. Varn's interest in issues a park Mr. Varn responded that he would like to work with the Town of Ithaca to make the park better. Mr. Varn stated that he was interested in making a loop in the water system with the Town of Ithaca to create a better water system for everyone. Board Member James Ainslie asked Mr. Varn what price range he was considering for the homes placed on the development. Mr. Varn responded that the homes would start at $143,000.00 up to $167,000.00. Mr. Ainslie stated that according to Becky Bilderback that was not affordable housing. Mr. Varn responded, no, it was not. Mr. Varn stated that the multiple attached units could possibly go as low as $90,000, which is closer to affordability. Mr. Varn stated that he felt affordability was around $70,000. There was some discussion about details on a brochure that Mr. Varn had showed the Planning Board Members. Chairperson Robert Kenerson stated that this was a sketch plan review and that the Board could not make any decisions on the two -lot subdivision. Chairperson Kenerson stated that Mr. Varn wanted the subdivision to be finalized. Mr. Varn stated that he wanted to come before the Planning Board for final approval at the next planning Board meeting, August 2, 1994, and the he did not feel that it should have gone back to sketch plan because this was Mrs. Foote's property and he is only an agent for her. Planning Board 11 July 19, 1994 Town Attorney John Barney stated that this was not a simple two - lot subdivision, because the rear lot has no frontage to a road. Attorney Barney stated that if this was brought in as a simple two -lot subdivision with no road frontage or access, the answer would be no. Attorney Barney stated that the Planning Board was concerned about how frontage would be provided to that piece of property. Mr. Varn stated that he disagreed with the method by which the staff came up with the sketch plan. Mr. Varn stated that he submitted connection an application for final subdivision approval, Dan Walker called and said that Mr. Varn needed to go to preliminary. Mr. Varn said that was fine and could understand the need for preliminary first do to the concern of the parcel being land locked, and the park dedication issues to be talked about. Mr. Varn then stated that he then received a letter stating that he was not on the schedule and that his application was not complete, and that he needed to come in for sketch plan review of his whole subdivision in the Town of Ithaca that relates to Peregrine Hollow. Mr. Varn stated that these were two different issues. Town Attorney John Barney stated that Mrs. Foote was asking for a land locked piece of land and normally it would not have been put on for sketch plan because it would be unacceptable according to the Town of Ithaca Subdivision Regulations. Board Member Candace Cornell stated that she did not view this as being simple. Ms. Cornell stated that it could be viewed as a simple two -lot subdivision with a land locked piece of land, or it could be viewed in context in which it is part of Peregrine Hollow, which she had thoroughly studied and had a lot of concerns about. Ms. Cornell continued by stating that this property would become part of that development. Ms. Cornell stated that she was not convinced that this was an appropriate density for the area. The Town of Ithaca subdivision adds on to the incredibly intense development, and at the moment, all of the roads will be running to Snyder Hill Road. Snyder Hill Road has a lot of problems and Ms. Cornell was not sure that the road could handle all of the traffic that could be generated. Ms. Cornell stated that she had questions regarding the sewer system and the park, which would be deluged by residents from Peregrine Hollow. Ms. Cornell stated that she was not sure that the area was appropriate for this much development. Board Member Gregory Bell stated that good planning would not create cul -de -sacs all over the place and that there was no connection with Slaterville obscure do not should Road. Mr. Bell stated that place to get to from many other places. create good flows in traffic. Mr. be an attempt to connect the roads to Snyder Hill was a pretty The loops described Bell stated that there make a viable system. Assistant Town Planner George Frantz described a possible scenario for a potential roadway system to connect the developments in that area. Mr. Frantz stated that his recommendation was to have two access points into the Blanpied parcel. Board Member Candace Cornell asked how far the subdivision was Planning Board 12 from the nearest fire department. July 19, 1994 Assistant Town Planner George Frantz stated Town of for the that he felt the nearest fire department would be the College the deal for the Town Fire Department. Attorney John Barney asked Mr. Varn if access to Slaterville Road over lot ##2 on Mrs. Foote's property would be possible. Mr. Varn stated that his engineer and the Town of Dryden Engineer, George Schlect, stated that it was not possible to bring a road down through Mrs. Foote's property to Slaterville Road because the slopes are too steep. The Board discussed the possibility of a roadway system for that area, the advantages, and the disadvantages that could be involved. Town Attorney John Barney asked Mr. Varn what the need for the Foote parcel in the Peregrine Hollow development. Mr. Ithaca Varn responded that for Final Subdivision they may never come into the Approval for additional lots Town of for the Peregrine point, Hollow development, there would be some T's but the possibility there for turn is there. - arounds. At this the deal for the Mr. get a simple Varn stated that he was here acting two lot subdivision approval so as Mrs. Foote's she can sell her agent land to to him. Board Member Candace Cornell stated that if there was a road touching the parcel Mr. Varn would buy, it would be a simple subdivision. Attorney John Barney stated that an idea would be an option to purchase this piece of land conditioned upon getting subdivision approval to be exercised at a point in time when there is actually physically roads there that front on the property. Mr. Varn responded that Mrs. Foote wants him to buy that portion of land, so maybe she would not like that idea. Mr. Varn stated that he entered into this agreement with the Foote's in 1988 and one of the first things they did was to look at the sewer issues and how to get sewer to the project, and they found that the gravity feed sewer would please everyone instead of a pumping station. Mrs. Foote would provide an easement to run the sewer, but part of the agreement was to buy the portion of her land that is in the Town of Ithaca as well. Board Member Candace Cornell asked Mr. Varn if he had to buy the piece of property in the Town of Ithaca as part of the deal for the other property that he wants that is in the Town of Dryden. Mr. Varn responded, yes. Board Member Gregory Bell stated that everyones private interests Planning Board 13 mitigates against the public interests. July 19, 1994 Mr. Varn stated that he had tried to do this project in a responsible way and look at the whole parcel of land. Mr. Varn stated that he was being penalized and have penalized all along for doing that. Mr. Varn stated that he felt that is a wrong president for any Board to set. Instead he should have just gone in and divided 10 acres into 10 lots. Mr. Varn stated that his legal rights are that he can go in and develop 20,000 square foot lots. Mr. Varn stated that as far as the density issue, if you multiply the acreage by the square foot per acre and divide it by 15,000 he could build 500 houses there to the Town of Ithaca's density requirements. Mr. Varn stated that he could 435 houses to the Town of Dryden's density requirements, however, he was only building 218 houses. Board Member Candace Cornell stated that the infrastructure may not be able to support that number of houses, within the environmental constraints of the area. Mr. Varn stated that Dan Walker responded to those issues at a meeting. Mr. Varn said that Mr. Walker looked at the highway numbers and that road could hold 9,000 cars. Mr. Varn stated that after the development was completed, all phases, that road would only have 3,000 cars on it. Assistant Town Planner George Frantz responded that Snyder Hill Road already had 3,000 cars on it and his development would add 2,500 cars. Mr. Varn stated the he did not feel that the figures quoted by Mr. Frantz were correct. Mr. Frantz stated the he knew how many vehicles were on it because he did the traffic counts himself. Mr. Varn then stated that even if it is 6,000 cars, it can hold 9,000. Mr. Frantz stated that the road could, but the residents along the road probably could not. 9,000 vehicles per day is not an appropriate level of traffic for a residential street. Mr. Varn stated that it was addressed in the Full Environmental Impact Statement and the Town of Ithaca was an interested party. Board Member Candace Cornell stated that the Planning Board did not necessarily agree with Mr. Varn's designs. Ms. Cornell stated that the road was dangerous and that there are some very steep ditches, and that the road needed a lot of work and that the only reason the Board can discuss Snyder Hill Road is because that is the access for this property if it ever develops. Attorney Barney suggested that the Planning Board give some indication that either the Board would consider the subdivision as proposed with adequate safeguards to include its being transferred in Planning Board M,I July 19, 1994 the absence of some kind of access, or give an indication to Mr. Varn that the Board is not interested unless access is provided immediately. Assistant Town Planner George Frantz addressed the Board and asked if the area along the southern end of Eastern Heights Park be an appropriate park and open space dedication, and is it something that the Board desired to have transferred as part of the two lot subdivision or does the Board wish to hold off until the entire proposed subdivision comes before the Board with the roads. Board Member Candace Cornell stated that she thought that the Board wanted the park dedication as soon as the first houses were built. Ms. Cornell stated that she was unsure is the location was appropriate because it is more sloped. Board Member Eva Hoffmann stated that she would like to see some alternatives proposed to where a park dedication could be located and how it could be configured. Mr. Frantz stated that the benefit to taking the land immediately adjacent to Eastern Heights Park would be attaching the land to an existing park which is efficient in terms of maintenance. Mr. Frantz stated that it would add additional buffer to Eastern Heights Park because the area is more wooded. In addition, Mr. Frantz continued, it provides additional frontage on a public road for Eastern Heights Parks and thus the opportunity for alternative entry and exit from it. Mr. Frantz stated that right now there were two entrances to Eastern Heights Park, which is a fairly large park. Mr. Frantz stated that for a park this size, the Board should look at having several entrances especially if at some point in the future the park is developed for more active, league type sports, it could disburse traffic from those events. Chairperson Robert Kenerson asked the Board to give some direction to Mr. Varn. Chairperson Kenerson asked what the Board felt about just saying no to the subdivision because of the land locked piece of property. Chairperson Kenerson stated that if the Board was not going to tell Mr. Varn no, then the answer would be yes with conditions that do certain things for the Town of Ithaca. Chairperson Kenerson stated that the Board needed to specify what conditions the Board wanted to have placed on the subdivision so that Mr. Varn knew what to do to satisfy the Board. Board Member Candace Cornell stated that she thought that the only benefit of this subdivision is the benefit to the Park. Ms. Cornell stated that she did not think it was beneficial to have more density in that area. If the subdivision is approved, Ms. Cornell stated that she wanted to see studies about surface and groundwater drainage. Ms. Cornell stated that she had doubts about this being an appropriate place to build. Attorney John Barney stated that if the Board turns the subdivision down now and Peregrine Hollow is built to the point shown on Mr. Varns drawings, and then a subdivision plan came in which met Planning Board 15 July 19, 1994 the Town's requirements, the Board would have no choice, but to accept it. Attorney Barney stated that he felt the basic issue before the Board now is do they accept the lot that is landlocked without a direct access at the moment, if the Board does, what kinds of conditions do the Board think they want to have to insure that there will not be any development on that until there is access. Attorney Barney stated that if the Board's decision is yes, then Mr. Varn would need to meet with Town staff and determine what is acceptable for the Planning Board, Assistant Town Planner George Frantz asked Mr. Varn if he knew if the Town of Dryden would need to buy additional capacity from the waste water treatment plant in order to serve this development. Mr. Varn responded, that agreement is being worked on. that he is Mrs. Foote's agent t Town of Ithaca subdivided for discussed at another time, it is within the service area and an Mr. Varn asked that the Board remember rying to get her portion of land in the her. The other issues needed to be Board Member Candace Cornell stated that she thought that Mr. Varn would have to come back in a preliminary stage not a final stage. Mr. Varn stated that he did not see why that was necessary, if the Town and himself could come to an agreement on the items being discussed then he should be able to come back to the Board for final approval at the next meeting. Board Member Eva Hoffmann issues that the Board needed to concerned about the drainage, v Hoffmann stated that there needed be divided up between Snyder Hil have access both ways. stated that there were additional know about and that she was very rater and traffic situation. Ms* to be some provision for traffic to 1 Road and Slaterville Road and to Mr. Varn stated that would be addressed when he came in for that site plan. Ms. Hoffmann stated that Mr. Varn remarked that it would be impossible to get a road through the Ithaca and Dryden land. Mr. Varn stated that issue could be looked at when he came in for site plan approval, and studied by the Town Engineer. Town Attorney John Barney told Mr. Varn that is was not realistic to come back to the Board expecting final subdivision approval because there are too many issues still up in the air. Attorney Barney stated that it needed to come back to the Board for preliminary with a proposed set of conditions and some discussion with planning staff and engineering staff with respect to park land and drainage, and with those things in hand come in seeking preliminary subdivision approval. Attorney Barney stated that if the preliminary is granted the final is usually almost automatic. Planning Board 16 July 19, 1994 Mr. Varn asked if the suggestions of Mr. Barney could be accomplished and brought back to the Board in the next weeks. Chairperson Kenerson stated that he was already tentatively scheduled for the August 2, 1994 Planning Board meeting if he is able to provide all needed information and requirements to meet the deadlines for mailing, etc. Mr. Varn stated the he did not feel that it was fair that this project was put off this long. Assistant Town Planner George Frantz stated for the record that the Town has had a subdivision checklist for years and had Mr. Varn's surveyor used the checklist and provided all of the information required on that checklist he would have had a complete Cornell, application. Mr. Frantz stated that he did not feel that it was staff's responsibility to tell engineers and surveyors that they have to use the Town's checklist, especially given the number of times that those surveyors and engineers have represented people before the Town of Ithaca Planning Board. Town Planner Jonathan Kanter told Mr. Varn to give him a call to set up a meeting. Chairperson Kenerson declared the matter of Sketch Plan Review of the Eleanor Foote /Ralph Varn subdivision duly closed. AGENDA ITEM: APPROVAL OF MINUTES - MAY 18, 1993. MOTION by Herbert Finch, seconded by James Ainslie: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of May 18, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Finch, Ainslie, Cornell. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. APPROVAL OF MINUTES - MAY 25, 1993. by Herbert Finch: MOTION by Candace Cornell, seconded RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of May 25, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Finch, Cornell. Nay - None. Abstain - Ainslie, Hoffmann. The MOTION was denied. Planning Board 17 APPROVAL OF MINUTES - JUNE 8, 1993. July 19, 1994 MOTION by James Ainslie, seconded by Candace Cornell: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of June 8, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Finch, Ainslie, Cornell. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. APPROVAL OF MINUTES - JUNE 22, 1993. MOTION by Candace Cornell, seconded by James Ainslie: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of June 22, 1993, by and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Finch, Ainslie, Cornell Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. AGENDA ITEM: DISCUSSION OF PARK, RECREATION & OPEN SPACE PLAN. Chairperson Kenerson declared the above -noted matter duly opened. Assistant Town Planner George Frantz reviewed a preliminary outline Frantz's showed development for a Park, Recreation presentation, he made the different parks in and around the & Open Space Plan Update. During Mr. reference to a color coded map which in the area, and the anticipated areas which have neighborhood parks. (Mr. Frantz's outline, dated Exhibit #2) July 13, 1994, is attached hereto as The Planning Board members discussed the above - referenced outline for the update to the Park, Recreation & Open Space Plan with Mr. Frantz and other members of town staff. Chairperson Kenerson declared the matter of Park, Recreation & Open Space Plan update duly closed. AGENDA ITEM: FEES IN LIEU OF PARKLAND. Chairperson Kenerson declared the above -noted matter duly opened. Town Planner Jonathan Kanter addressed the Board. and stated that the Planning Committee had prepared a recommendation to the Planning Planning Board 18 July 19, 1994 Board regarding Fees in lieu of Parkland dedication. Mr. Kanter read from a printed list of items for consideration. (Planning Committee's recommendations to the Planning Board, prepared by Jonathan Kanter, dated July 19, 1994 with regard to Fees in Lieu of Parkland is attached hereto as Exhibit #3) The Planning Board Members discussed the issue of fees in lieu of parkland dedication and how it would be enforced by the Town of Ithaca. Mr. Kanter stated that the Codes and Ordinance Committee would need to look at the recommendation as well. Mr. Kanter also stated that park reservation should be used as much as possible to obtain desirable lands. Chairperson Kenerson declared the matter of fees in lieu of parkland duly closed. EXECUTIVE SESSION Board Member Candace Cornell MOVED that the Planning Board retire to Executive Session for purpose of discussion of a litigation matter. The MOTION was seconded by Eva Hoffmann. The chair called for a vote with the following result. Aye - Kenerson, Bell, Hoffmann, Finch, Ainslie, Cornell. Nay - None. The MOTION was declared to be carried unanimously. RETURN TO OPEN SESSION The Planning Board Members unanimously decided to return to open session. ADJOURNMENT Upon meeting of p.m. 7/27/94. MOTION, Chairperson Kenerson declared the July 19, 1994 the Town of Ithaca Planning Board duly adjourned at 10:39 Respectfully submitted, StarrRae Hays, Recording Secretary, Town of Ithaca Planning Board. COPY TOWN John Dan Modification reviewed OF' Town Planner Town Engineer of Lot Line, 2431247 Coddington Road DATE: = MA= C::A 14, J✓N(3 between I 1�TE the IN C3 MFE MO JEia -42 and have ?O: FRO11[: SUBJECT: John Dan Modification reviewed Ranter, Walker, Town Planner Town Engineer of Lot Line, 2431247 Coddington Road DATE: July modification 14, 1994 I have reviewed the like proposed the modification of lot line between tax parcel the #s 54. -7 -41 and 54. -7 -42 and have the following comments: on the receipt plan was of a 20 foot wide permanent easement approved 1. I 54. would and like -43 are the planning in board to condition the subdivision were approval recently rezoned to MR, and a site on the receipt plan was of a 20 foot wide permanent easement approved for of the the Town of Ithaca sanitary sewer which is shown on the two plat as a single site. as crossing be the point at of tax parcels, 54. -7 -42. If the Mr. lot to consolidate line modification into is made we need the 20' wide easement lot since required for site improvements this portion the of the sewer which will then be on parcel 520-7 -41. A copy of the easement for the existing parcel 54.- 7-41 is attached and should be amended to show the new lot configuration. 2. I noted that the public hearing notice indicated that the zoning in the area is R -9 which is true for parcel 42 but is incorrect for parcel 41 which is MR. 3. Parcels 54. -7 -41 and 54. -7 -43 are both in common ownership, were both recently rezoned to MR, and a site plan was recently approved for an expansion of the facilities which treated the two lots as a single site. It might be appropriate at this time to encourage Mr. Iacovelli to consolidate these into one lot since required site improvements cross the property boundary. cc Planning Board Chair C: IIP5111E10S1143CODD.IE1 I �l9)q4 I��%I rev es AV j OWN CLERK 273 -1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1783 TO: Planning Board Members FROM: George Fran U2 DATE: July 13, 1994 RE: Preliminary Outline: Park Recreation & Open Space Plan Update. According to the Town of Ithaca Comprehensive Plan, the Town should: 10 "Provide accessible and attractive parks and diverse recreational opportunities [for Town residents]." by Creating "An integrated system of parks and recreational facilities throughout the Town, including undeveloped open space as one component, with linkages between various parts of the system such as pathways, stream corridors, trails, and utility rights of ways." Provide for "Adequate recreational services." We currently have a basic framework for park, recreation, and open space planning in the form of the 1977 Comprehensive Park and Open Space Plan and the 1984 update to that plan. However these plans need to be updated to: 1. reflect new Comprehensive Plan; 2* reflect new needs identified since 1984... (overloaded organized sports facilities.., overuse of City and State parks...), 39 better analyze Town needs in terms of active recreational facilities...ballfields, etc. 4e add to list of environmentally sensitive areas warranting protection, spell out strategies for protecting environmentally sensitive areas; 5* elaborate on the greenways concept -- mentioned briefly in older plans -- and to tie it more fully into park and open space planning; �h� �► + a 711a 1Qq I I nwj�es 69 take advantage of trend toward local intermunicipal cooperation in the area of youth and recreation. The newly updated park, recreation, and open space plan can be expected to include: 10 An updated inventory section, including: basic population and age distribution data from the 1990 census; existing facilities inventory -- changes since 1987 (including Finger Lakes Land Trust conservation easements, Lick Brook acquisition); information from the recreational needs assessment being completed by the Joint Youth Commission. 2. A review and where necessary an updating of the park and opens space policies outlined in the 1984 plan, including: a specific policy with regard to payments of money in lieu of land -- who pays money, who dedicates land; reassessment of the neighborhood petition policy outlined in the 1984 plan, perhaps substituting a 5 year capital improvements plan; policies for the protection of critical open space areas through forms other than public ownership, through conservation easements, or use of cluster subdivision, for example; a re- evaluation of the Town's dependence on State and City parks as major recreational facilities for Town residents. 3. A set of recommended actions the Town should take to meet the park and recreational needs identified in the inventory section, and to fulfill the policies set forth in the policy section, including for instance types of recreational facilities for individual neighborhoods. 4. A review of site selection decisions, including: re- evaluating specific sites proposed in the earlier plans; a map of proposed park sites that better reflects the future development patterns anticipated by the new Comprehensive Plan, and that takes advantage of several opportunities for large park sites on West Hill and South Hill; updating the plan to account for City abandonment of Southwest Park concept, wetlands on Inlet Valley Area Park site. looking carefully at wetlands on South Hill, and their implications for park development there. an evaluation of the use of P &OS dedications to add to local state parks and City watershed areas. better incorporating the greenways concept into Town park and recreation planning, including specific recommendations for trail connections 5. A map that reflects the decisions/recommendations of the Plan -- identify future park locations to be acquired through P &OS dedication, parcels where cash in lieu of land would be required ... who is to dedicate land ... who is to pay cash. 6. An updated capital improvements program to implement the Plan recommendations. FEES IN LIEU OF PARKLAND PLANNING COU- fITTEE RECOP, UMATION - There should be a set procedure for determining the amount of fees when the Plan- ning Board determines that reservation of parkland is not appropriate. - Fees should be based on number of dwelling units in a proposed subdivision. - The fee amount per dwelling unit should be based on market value of land that would have otherwise been reserved as paikland, (The Planning Department is researching sales prices of recently sold lots in different areas of town. From this, market values of typical building lots can be used to set fees, either as a townwide average, or perhaps by zoning district, or according to whether public sewer and water are available.) - All subdivisions (division of any parcel into two or more lots as per Town's regulations)_ where one or more new buildable lots are created should be subject to the fees in lieu of, where the Planning Board determines that parkland reservation is not appropriate. - In a two lot subdivision, where one parcel has additional subdivision potential, the fee should be assessed for the one or two new lots proposed at that time, with additional fees charged at the time of future subdivision. - Proposed lot line modifications or lot reapportionments, where no new build- ing lots are being created, should not be subject to the reservation of parkland or fees in lieu thereof. Tie fees should be assessed at the ti:e of subdivision approval, not when building permits or certificates of occupancy are requested. - Trailway connections can and should continue to qualify as park set - asides. - The Town's Park, Recreation and Open Space Plan is being updated to determine future needs in the town and possible locations for future parks and trail connections. - The Town should consider adopting special local legislation, under the Municipal Hone Rule Law, requiring the reservation of parkland or fees in lieu thereof, for multi - family units through the site plan review process. (The Town Attorney has indicated that State enabling laws do not currently allow for this, but that there is precedent for municipalities superseding state law through their municipal hone rule powers.) - Fees charged should be set in a Trust Fund to be used to purchase parkland or for improvements to existing parks (not for ongoing maintenance). The Town Attorney has indicated that there are no court cases that state that fees in lieu of parkland have to be spent in the imn)ediate vicinity of the subdivision which was assessed, however, the Town should be able to show that the subdivision will benefit and be served by a park built or in-proved with funds from the fee in lieu. Funds can be tracked either by an accounting system within one townwide fund, or by establishing separate funds for different areas of the town. -2- - Town Attorney • -• the fonrier option would be preferable. 9--- sho • be discussed with the • wn's Assistant Budget - • • ensurz a proper accountmig • ••a& - ban be established. Ihis that Jonathan Kanter, Town Planner July 19, 1994