HomeMy WebLinkAboutPB Minutes 1994-09-06I
TOWN OF ITHACA PLANNING BOARD
SEPTEMBER 6. 1994
FILED
TOWN OF ITHACA
Da4�
Clert
The Town of Ithaca Planning Board met in regular session on Tuesday,
September 6, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York
at 7:30 p.m.
PRESENT: Chairperson Robert Kenerson, Gregory Bell, Eva Hoffmann, James
Ainslie, Herbert Finch, Stephen Smith, George Bayer, Candace
Cornell, Jonathan Kanter (Town Planner), George Frantz
(Assistant Town Planner), Daniel Walker (Town Engineer), John
Barney (Town Attorney).
ALSO PRESENT: Rev. Robert N. Lovelace, Carolyn Grigorov, Ephraim M.
Tomlinson, Aafke Steenhuis, Ernie A. Bayles, Lilly Be
Westbrook, Joseph P. Westbrook, Fred Pritt, G.D. Blanpied,
Ralph Varn, Larry Fabbroni, Deborah O'Connor, Jerrold
Davis, Arno Selco, Stephen Amato, Catherine Valentino.
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 August 29, 1994 and August 31, 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 September 1, 19940
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.
AGENDA ITEM:
APPROVAL OF MINUTES - 8/16/94.
MOTION by James Ainslie, seconded by George Bayer:
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of August 16, 1994, be and hereby are approved with the following
correction:
On Page 9, Paragraph 3, First Sentence - Attorney Barney asked if the
cooperative could cut of the electric, water, and sewer supply. - Should
be changed to read - "Attorney Barney asked if the cooperative could cut
off the electric, water, and sewer supply."
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bell, Bayer, Ainslie, Finch, Smith.
Nay - None.
Abstain - Cornell, Hoffmann.
The MOTION was declared to be carried.
N
Planning Board
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September 6, 1994
PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION
APPROVAL FOR THE PROPOSED SUBDIVISION OF APPROXIMATELY 0.44 + /- ACRES FROM
TOWN OF ITHACA TAX PARCEL NO. 61 -1 -15.1, 1.21 + /- ACRES TOTAL AREA, LOCATED
AT 126 SNYDER HILL ROAD, FOR CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL
NO. 61 -1 -14.2, LOCATED AT 4 SUGARBUSH LANE, RESIDENCE DISTRICT R-15.
CAROLYN J. AND GRIGOR P. GRIGOROV, OWNERS /APPLICANTS.
Chairperson Kenerson declared the Public Hearing in the above -noted
matter duly opened at 7:35 p.m. and read aloud from the Notice of Public
Hearings as posted and published and as noted above.
Carolyn Grigorov of 126 Snyder Hill Road, addressed the Board and
stated that she and her husband would be selling their home and their
neighbors, Roald and Eva Hoffmann, wanted to buy the land between the two
houses so that no one could buy that land as a separate lot.
Board Member
Stephen
Smith
stated that the land
consolidate
did
not have to be
consolidated with
0.44
the
Hoffmann's
+ /- acre into
property
because
it
is a
legal
lot.
Board
Member
Candace Cornell
asked Ms. Hoffmann if she planned to
consolidate
the
0.44
+ /- acre into
her lot.
Eva Hoffmann of 4 Sugarbush Lane responded, yes.
There being no further discussion, Chairperson Kenerson asked if
anyone were prepared to offer a motion.
MOTION by Herbert Finch, seconded by James Ainslie:
1 1:1:x;7: ;_R�
16 This action is the Consideration of Preliminary and Final Subdivision
Approval for the proposed subdivision of approximately 0.44 acres
from Town of Ithaca Tax Parcel No. 61 -1 -15.1, 1.21 +/- acres total
area, located at 126 Snyder Hill Road, for consolidation with Town of
Ithaca Tax parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane,
Residence District R -15. Carolyn J. and Grigor P. Grigorov,
Owners /Applicants.
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 September 6, 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 "Survey Map,
No. 126 Snyder Hill Road, Town of Ithaca, Tompkins County, New York,"
prepared by T.G. Miller, P.C., Engineers and Surveyors and dated June
10, 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;
9
Planning Board
NOW, THEREFORE, BE IT RESOLVED:
K,
September 6, 1994
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,
Bayer,
Ainslie,
Finch,
Cornell,
Smith.
Nay - None.
Abstain - Hoffmann.
The MOTION was declared to be carried.
MOTION by Candace Cornell,
.1VI�
seconded by Gregory Bell.
10 This action is the Consideration of Preliminary and Final Subdivision
Approval for the proposed subdivision of approximately 0.44 acres
from Town of Ithaca Tax Parcel No. 61 -1 -15.1, 1.21 +/- acres total
area, located at 126 Snyder Hill Road, for consolidation with Town of
Ithaca Tax Parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane,
Residence District R -15. Carolyn J. and Grigor P. Grigorov,
Owners /Applicants.
2. The Planning Board, at a Public Hearing held on September 6, 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 "Survey Map,
No. 126 Snyder Hill Road, Town of Ithaca, Tompkins County, New York,"
prepared by T.G. Miller, P.C., Engineers and Surveyors and dated June
10, 1994, and other application materials, and
3. This is an Unlisted Action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review with respect to
Subdivision Approval, has, on September 6, 1994, made a negative
determination of environmental significance.
NOW, THEREFORE, BE IT RESOLVED:
10 That the Town of Ithaca Planning Board
requirements for Final Subdivision Approval,
Subdivision Checklist, having determined from
that such waiver will result in neither a si
the purpose of subdivision control nor the
implied by the Town Board.
hereby waives certain
as shown on the Final
the materials presented
gnificant alteration of
policies enunciated or
2. That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of approximately
0.44 acres from Town of Ithaca Tax Parcel No. 61 -1 -15.1, 1.21 +/-
}
Planning Board
2
September 6, 1994
acres total area,
located at 126
Snyder Hill Road,
as shown on a
survey entitled
"Survey Map, No.
126 Snyder Hill
Road, Town of
Ithaca, Tompkins
County, New York,"
prepared by T.G.
Miller, P.C.,
Engineers and Surveyors and dated
June 10, 1994, for
consolidation
with Town of Ithaca Tax parcel No.
61 -1 -14.2, located
at 4 Sugarbush
Lane, subject to
the following conditions.
the Town of
a. The lands being subdivided shown as "Parcel B" on the survey map
shall be transferred to the owners of and consolidated with Town
of Ithaca Tax Parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane
within six months of the date of this approval.
b. If not so conveyed and consolidated, this subdivision approval
shall be terminated and void.
c. Submission of
an original or
mylar copy
of the survey to be
recorded and four copies
for
signature by
the Chairman of the
Planning Board
prior to
recording
in the
Office of the County
Clerk. Said
original
and
copies to have the Surveyor's
Certificate as
required
by
the Town of
Ithaca Subdivision
Regulations.
Board
Member
Stephen
Smith asked if condition
2a in
the Resolution
was wanted
by Mr.
and
Mrs.
Grigorov because it is a
legal
lot.
Ms. Grigorov stated that Mr. and Mrs. Hoffmann planned to consolidate
the parcels.
Board Member Candace Cornell asked why condition 2a was in the
resolution.
Assistant Town Planner George Frantz responded that the project was
presented as a consolidation. Mr. Frantz stated that the Planning Board
would be approving a lot that meets the requirements of the Town of Ithaca
Zoning.
Board Member Candace Cornell stated that she would like to take
condition 2a out of the resolution if the parties are willing to do that.
Carolyn Grigorov stated that the condition in the resolution is
alright as is written.
Chairperson Kenerson asked if condition 2a was acceptable to Ms.
Grigorov and Ms. Hoffmann. Both responded affirmatively.
Town Attorney John Barney asked if the SEQR was done in a context of
a proposal to consolidate which is equally consistent without the
consolidation.
Assistant Town Planner George Frantz stated that the SEQR was
completed under the assumption that the piece of land was a buildable lot.
Board Member Candace Cornell asked if Ms. Grigorov wanted the time
limit lengthened.
% 1
Planning Board
5
Ms. Grigorov responded that it was okay as is.
September 6, 1994
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bell, Bayer, Ainslie, Finch, Cornell, Smith.
Nay - None.
Abstain - Hoffmann.
The MOTION was declared to be carried.
Chairperson Kenerson declared the matter of Preliminary and Final
Subdivision Approval for the Grigorov Subdivision duly closed at 7 :45 p.m.
There being a few minutes before the next scheduled Public Hearing,
the Board discussed the attendance at the New York Planning Federation
Conference that was scheduled for October 23 - 26, 19940
Board Member Candace Cornell asked that she be placed on the list as
an alternate if possible.
Board Member Gregory Bell stated that he would speak with Town
Planner Jonathan Kanter regarding his attendance at the conference at a
later time.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL AND
RECOMMENDATION TO THE ZONING BOARD OF APPEALS FOR THE FIRST ASSEMBLY OF
GOD CHURCH, TO CONSIST OF A 21,226 + /- SQ. FT. STRUCTURE CONTAINING A
SANCTUARY, OFFICES, CLASSROOMS AND MULTIPURPOSE ROOM, WITH PARKING FOR 200
VEHICLES, TO BE LOCATED ON THE SOUTH SIDE OF BOSTWICK ROAD APPROXIMATELY
1,000 FEET WEST OF FIVE MILE DRIVE ON THAT PORTION OF TOWN OF ITHACA TAX
PARCEL NO. 31 -4 -1 SHOWN AS LOT NO. 2 OF THE GLENDALE FARM SUBDIVISION FOR
WHICH FINAL SUBDIVISION APPROVAL WAS GRANTED ON APRIL 19, 1994, RESIDENCE
DISTRICT R -30. FIRST ASSEMBLY OF GOD CHURCH, OWNER; REV. ROBERT N.
LOVELACE, AGENT.
Chairperson Kenerson declared the Public Hearing in the above -noted
matter duly opened at 7 :50 p.m. and read aloud from the Notice of Public
Hearings at posted and published and as noted above.
Ernie Bayles of 19 Quarry Road, addressed the Board and stated that
he was the architectural representative for the First Assembly of God
Church to help with questions pertaining to landscape and other site
issues for the new building proposal on Bostwick Road. Mr. Bayles
introduced Rev. Robert Lovelace to the Planning Board.
Chairperson Kenerson asked if the church had the title to the
property.
Rev. Robert Lovelace responded that the Church had the title to the
property, which was closed on August 26, 19940
Mr. Bayles stated that the site was on 6.4 acres on the south side of
Bostwick Road and was part of the Glendale Farm Subdivision. Mr. Bayles
stated that the proposal was to build a new church facility, initial
i
Planning Board
building construction i n
parking lot in Phase I.
square foot addition to
lot.
September 6, 1994
the 11,000 square foot range and a 100 car
Phase II would consist of an additional 10,000
the building and an additional 100 car parking
Board Member Candace Cornell stated that there were concerns about
drainage and that Mr. Hansen of Tompkins County Planning Department had
asked about the surface of the parking lot. Ms. Cornell asked if there
was a way to keep the surface gravel for permeability.
Mr. Bayles stated that a drainage analysis was completed on the basis
that it would be a gravel surface parking area. Mr. Bayles stated that
gravel has better permeability than asphalt or concrete paving.
Ms. Cornell stated that gravel packs and eventually becomes
impermeable.
Mr. Bayles stated that to some extent Ms. Cornell °s statement was
true, but that the analysis was based on a method that is published by the
Soil Conservation Service and is generally recognized as being accurate.
Board Member George Bayer stated that the type of gravel effects the
results.
Mr. Bayles stated that there is likely to be some channel runoff and
that they would be proposing that some of the areas that are being drained
off in the parking lot would be fed into a gravel and rubble lined ditch
to re- establish sheet flow, which allows the runoff to spread evenly
across the land.
Board Member Candace Cornell asked if there was a way to work with
the gravel to insure that it stays permeable.
Mr. Bayles stated that he did not think so. Mr. Bayles stated that
the longevity of the paved surface will be dependant on how well drained
the subsurface is on the site.
Board Member
James Ainslie
stated that the basic soil composition in
that area
is very
gravelly anyway.
Mr.
Bayles stated
that it
is well percolated soil.
Mr.
straight
Lovelace
down hill,
stated that
it runs to
the contour of the land does not run
the back of the lot.
Mr. Bayles stated that in planning the project, the basic slope of
the land is southeast, the lay of the parking lot is to maintain the
proper slopes and direct the running water toward the edge of the lot at
a slow, even flow on the lower portion of the parcel.
Board Member Eva Hoffmann asked if it would be possible to add some
drainage features under the green strips in the parking area to help
absorb some of the drainage.
1 11
Planning Board 7 September 6, 1994
Mr. Bayles stated that the green.strips would intercept drainage as
proposed.
Town Engineer Daniel Walker addressed the Board and stated that from
an Engineering standpoint, drainage will not be a problem on this site.
Mr. Walker stated that he had no problem with drainage at the Preliminary
Site Plan Phase that can't be addressed. Mr. Walker stated that at the
Final Site Plan stage, a more detailed analysis would be needed, and that
he would look at that more closely and will address that.
Board Member George Bayer asked how the gravel infiltration ditch
would work and where would it be located.
Mr. Bayles showed Mr. Bayer where the ditch would be located on the
site.
Mr.
Walker stated that
basically there is very well
drained, gravelly
soil on
this site and that
it is absorbing more water than the drainage
analysis
represents at this
point. Mr. Walker stated
that he walked the
field and
that there was no
evidence of washing, even
in the portions of
the
land
that
hasn't
be farmed
this
year.
Board Member James Ainslie stated that the land under discussion has
been in agriculture for a long, long time.
Mr. Walker stated that with the amount of green space below the
building on the site, there is sufficient space to put some infiltration
trenches in to contain the water on the site so that there is not
discharge in excess of existing conditions.
Board Member Eva Hoffmann stated that when the Environmental Review
Committee walked the land, Jonathan Meigs found a wet spot just below the
site. Ms. Hoffmann stated that the Committee wanted to be assured that
there would not be additional water draining there from the development of
the church and parking lot.
Mr. Walker stated that the water would dissipate before reaching the
park space and that he would be working with the representatives on the
proposed plans for the Church before coming back to the Board for Final
Site Plan Approval.
Chairperson Kenerson stated that the Planning Board also needed to
review the height of the building and make a report to the Zoning Board of
Appeals. Mr. Kenerson stated that there would need to be height variances
for both phases of development.
Mr. Lovelace stated that the height for the building in Phase I
construction would be 36 feet, and that the height for the building in
Phase II construction would be 44 feet.
Planning Board 8 September 6, 1994
Board Member Candace Cornell took this opportunity to state that she
feels that the Town of Ithaca needs to change the height restrictions in
the Zoning Ordinances. Ms. Cornell stated that the residents uphill from
the church will be on a slope and that the height of the church will not
make a difference on the views for them.
Assistant Town Planner George Frantz stated that he drove up and down
Bostwick Road and that while driving down Bostwick Road, the trees that
will be behind the building tend to rise up and the building would be
back - dropped sufficiently by mature trees ranging from 30 to 40 feet in
height and South Hill in the distance.
Chairperson Kenerson asked if there was a time frame for construction
of Phase I and Phase II.
Mr. Lovelace stated that Phase II hinges on finances, but that they
hope to build Phase II within 2 to 3 years. Mr. Lovelace stated that the
sanctuary in Phase II would seat 700 people.
Board Member Stephen Smith asked if there was a basement proposed.
Mr. Lovelace responded, no.
Board Member Candace Cornell stated that her personal opinion was,
because of the site location, that the height would be no problem.
Chairperson Kenerson stated that this was a Public Hearing and asked
if anyone from the public wished to speak.
Aafke Steenhuis of 224 Bostwick Road, adds
that she felt that a 200 car parking lot was
asked if it were possible to put plantings in
the obstruction of the view. Ms. Steenhuis
parking lot that would hold 100 cars across
Barns.
:essed the Board and stated
too much. Ms. Steenhuis
Phase I to buffer some of
stated that there was a
the street at the County
There appearing to be
no
further
discussion,
the
Chair closed the
Public Hearing and brought
the
matter
back to
the
Board
for discussion.
Board Member Stephen Smith asked if this project fell under the
guidelines for plantings.
Assistant Town Planner George Frantz stated that the guidelines for
plantings apply to Commercial and Business Zones.
Town Attorney John Barney stated that the Planning Board always had
the right to impose a condition if reasonably necessary to alleviate a
problem with plantings.
Board Member Candace Cornell stated that where ever there is a major
parking lot the Planning Board should look into plantings as a buffer.
Mr. Frantz asked Mr. Lovelace if he planned to do all of the
plantings as part of Phase I.
Planning Board
jl
September 6, 1994
Mr. Lovelace responded that they had not considered the plantings,
that they have been concentrating on construction costs of the building.
Mr. Lovelace stated that it would be a good idea to start that at Phase I
to get some growth going, but that it had not really been addressed.
Mr. Frantz
stated that one of the
conditions
in
the resolution is the
submission of a
completed landscaping
plat prior
to
Final Approval.
Board Member Gregory Bell asked what the material of the exterior of
the building would be.
Mr. Lovelace responded that it would be vinyl siding, asphalt
shingles for the roof, and brick veneer.
Board Member Eva Hoffmann asked what the vinyl siding would look
like.
Mr. Bayles stated that right now, what is being proposed is
horizontal clapboard type siding with some brick accents, and there may be
some vertical siding. Mr. Bayles stated that they would entertain
suggestions, based on affordability.
Board Member Stephen Smith asked if there were any plans to
incorporate windows in Phase II.
Mr. Lovelace stated that there would be some indirect lighting and
that there would not be a lot of glass because windows are distracting.
Board Member Gregory
Bell stated that he
felt
that the
exterior of
the
building
is
bleak.
The
building
forms were
big,
powerful,
and
blocky.
Mr.
pitch on
Lovelace stated
the roof instead
that one of the reasons they decided on a 9/12
of a 6/12 pitch was to prevent it from looking
as squatty or blocky. Mr. Lovelace stated that they and
wanted a good looking building, but that all decisions
finances. The building would be made as aesthetically
possible.
their cliental
were based on
pleasing as
Board Member Candace Cornell what the size of the churches present
constituency was.
Mr. Lovelace stated that at present there are about 250 people and
that the proposed sanctuary that has the capability to hold 700 was
looking toward the future. Mr. Lovelace stated that six years ago the
church consisted of 45 people.
Board Member Gregory Bell asked if the church owned the building on
West Seneca Street,
Mr. Lovelace responded, yes.
Mr. Bell asked if they planned on selling the building.
it
Planning Board
10
September 6, 1994
Mr.
Lovelace
stated
that
they were planning
on
selling the building
because
be
they
are
running
out
of space for
education
may have to bring addition material in
for
purposes.
Board Member Gregory Bell stated that he had some questions regarding
the Environmental Assessment Form. Mr. Bell's first question was on Page
4, Questions No. 2, reads 'How much natural material will be removed from
the site?' and the answer supplied was 0. Then Question No. 3c. reads -
'Will upper subsoil be stockpiled for reclamation ?' and the answer
supplied was no. Mr. Bell stated that he felt that the two answers
supplied were in conflict.
chairperson Kenerson stated that it would not be leaving the
property.
Mr. Bell stated that Page 4, Question No. 4 reads, 'How many acres of
vegetation will be removed from site9 and the answer supplied was 0.
Mr. Bayles stated that there was a misreading on their part because
they assumed that meant trees and shrubs. Mr. Bayles stated that
approximately 5 acres of ground cover will be disturbed.
Mr. Bell stated that on Page 4, Question 7, asked about phasing. Mr.
Bell stated that Phase I dates were filled in, but Phase II dates were
marked unknown. Mr. Bell felt that the date should be filled in.
Mr. Lovelace stated that possibly in 1998 or 1999.
Mr. Bell stated that on Page 4, Question No. 16, asks if the project
will generate solid waste, and the answer supplied is, yes. Page 4,
Question No. 17, asks if the project will involve the disposal of solid
waste, and the answer supplied is, no. Mr. Bell stated that if something
is generated, it must be disposed of.
Assistant Town Planner George Frantz stated that Question No. 17 asks
if there will be disposition of solid waste on the site.
Mr. Bayles responded that
the
plan would not be to remove material.
Mr.
Bayles stated that he felt
that
the question was asking if they would
be
mining the topsoil. There
are
no intentions to remove material from
the
site if it can be avoided,
they
may have to bring addition material in
for
the parking lot and drainage.
Mr. Bayles stated that general practice
was
to scrape the top soil and
the
upper subsoil becomes fill.
chairperson Kenerson stated that it would not be leaving the
property.
Mr. Bell stated that Page 4, Question No. 4 reads, 'How many acres of
vegetation will be removed from site9 and the answer supplied was 0.
Mr. Bayles stated that there was a misreading on their part because
they assumed that meant trees and shrubs. Mr. Bayles stated that
approximately 5 acres of ground cover will be disturbed.
Mr. Bell stated that on Page 4, Question 7, asked about phasing. Mr.
Bell stated that Phase I dates were filled in, but Phase II dates were
marked unknown. Mr. Bell felt that the date should be filled in.
Mr. Lovelace stated that possibly in 1998 or 1999.
Mr. Bell stated that on Page 4, Question No. 16, asks if the project
will generate solid waste, and the answer supplied is, yes. Page 4,
Question No. 17, asks if the project will involve the disposal of solid
waste, and the answer supplied is, no. Mr. Bell stated that if something
is generated, it must be disposed of.
Assistant Town Planner George Frantz stated that Question No. 17 asks
if there will be disposition of solid waste on the site.
Town Engineer Daniel Walker
stated that
the context for that question
is more of a mining situation or
a landfill
situation. Mr. Walker stated
that
in this project they would
strip the topsoil off and the rest of the
work
would be grading the site.
They will
not be stripping the subsoil
and
they will not be moving it
unless they
have to build something with
it.
chairperson Kenerson stated that it would not be leaving the
property.
Mr. Bell stated that Page 4, Question No. 4 reads, 'How many acres of
vegetation will be removed from site9 and the answer supplied was 0.
Mr. Bayles stated that there was a misreading on their part because
they assumed that meant trees and shrubs. Mr. Bayles stated that
approximately 5 acres of ground cover will be disturbed.
Mr. Bell stated that on Page 4, Question 7, asked about phasing. Mr.
Bell stated that Phase I dates were filled in, but Phase II dates were
marked unknown. Mr. Bell felt that the date should be filled in.
Mr. Lovelace stated that possibly in 1998 or 1999.
Mr. Bell stated that on Page 4, Question No. 16, asks if the project
will generate solid waste, and the answer supplied is, yes. Page 4,
Question No. 17, asks if the project will involve the disposal of solid
waste, and the answer supplied is, no. Mr. Bell stated that if something
is generated, it must be disposed of.
Assistant Town Planner George Frantz stated that Question No. 17 asks
if there will be disposition of solid waste on the site.
Planning Board
jail
September 6, 1994
Board Member Eva Hoffmann stated that she had questions regarding the
Environmental Assessment Form as well. Ms. Hoffmann stated that on Page
2 and Page 3, the form refers to the project as being 6 acres, and other
papers refers to the project as being 6.4 acres. Ms. Hoffmann asked which
figure was correct.
Mr.
Bayles stated that
the
actual total
acreage was
6.4 acres and
that
2, Under
it
should
heading
AFTER
be changed
on
the
Environmental
Assessment
Form.
Ms.
Hoffmann
asked how
the .4
acre should be split up on Page 2,
Question
2, Under
the
heading
AFTER
COMPLETION.
Mr. Bayles responded that Roads, buildings, and other paved surfaces
should be a total of 1.9 acres, and that Other - Landscaped Areas - Lawn
should be a total of 1.5 acres.
Board Member Candace Cornell stated that she wanted to be sure that
a planting design for screening for the entire project was a requirement
for preliminary and final site plan approval.
Chairperson Kenerson stated that there was a condition in the
resolution that required a planting schedule prior to final site plan
approval.
MOTION by Candace Cornell, seconded by Herbert Finch.
10 This action is the Consideration of Preliminary Site Plan Approval,
and further, a recommendation to the Zoning Board of Appeals with
regard to the proposed First Assembly of God Church, to consist of a
21,226 +/- sq. ft. structure containing a sanctuary, offices,
classrooms and multipurpose room, with parking for 200 vehicles, to
be located on the south side of Bostwick Road approximately 1,000
feet west of Five Mile Drive on that portion of Town of Ithaca Tax
Parcel No. 31 -4 -1 shown as Lot No.2 of the Glendale Farm Subdivision
for which Final Subdivision Approval was granted on April 19, 1994,
Residence District R -30. First Assembly of God Church, Owner; Rev.
Robert N. Lovelace, Agent, and
2. This is a Type I Action for which the Town of Ithaca Planning Board
is legislatively determined to act as Lead Agency in environmental
review with respect to Site Plan Approval, and
3. The Planning Board, at a Public Hearing on September 6, 1994, has
reviewed and accepted as adequate the Long Environmental Assessment
Form Part I prepared by the applicant and a Part II prepared by
Planning Department staff, a proposed site plan entitled "First
Assembly of God, Bostwick Road, Ithaca, New York" prepared by Barden
Commercial Division and dated June 6, 1994, drawings showing the
front and side elevations and floor plan of the proposed structure
also prepared by Barden Commercial Division and dated June 24, 1994,
and other application materials, and
Planning Board
12
September 6, 1994
4. The Town Planning staff has
recommended
a negative determination
of
environmental significance
with respect
to the proposed site plan;
NOM, 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, for the purpose of Site Plan Approval and, therefore,
an Environmental Impact Statement will not be required.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bell, Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Stephen Smith, seconded by Candace Cornell.
Utl -v Otm F
1. This action is the Consideration of Preliminary Site Plan Approval,
and further, a recommendation to the Zoning Board of Appeals with
regard to the proposed First Assembly of God Church, to consist of a
21,226 +/- sq. ft. structure containing a sanctuary, offices,
classrooms and multipurpose room, with parking for 200 vehicles, to
be located on the south side of Bostwick Road approximately 1,000
feet west of Five Mile Drive on that portion of Town of Ithaca Tax
Parcel No. 31 -4 -1 shown as Lot No.2 of the Glendale Farm Subdivision
for which Final Subdivision Approval was granted on April 19, 1994,
Residence District R -30. First Assembly of God Church Owner, Rev.
Robert N. Lovelace, Agent. and
29 This is an Type I Action for which the Town of Ithaca Planning Board,
acting as Lead Agency in environmental review with regard to
Preliminary Site Plan Approval, has, on September 6, 1994, made a
negative determination of environmental significance, and
3. The Planning Board, at a Public Hearing on September 6, 1994, has
reviewed and accepted as adequate the Long Environmental Assessment
Form Part I prepared by the applicant and a Part II prepared by
Planning Department staff, a proposed site plan entitled "First
Assembly of God, Bostwick Road, Ithaca, New York" prepared by Barden
Commercial Division and dated June 6, 1994, drawings showing the
front and side elevations and floor plan of the proposed structure
also prepared by Barden Commercial Division and dated June 24, 1994,
and other application materials.
Planning Board 13 September 6, 1994
14 That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary Site Plan Approval, as shown on the
Preliminary and Final Site Plan Checklist, having determined from the
materials presented that such waiver will result in neither a
significant alteration of the purpose of site plan control nor the
policies enunciated or implied by the Town Board, and
2. That the Planning Board hereby grants Preliminary Site Plan Approval
to the proposed First Assembly of God Church, to consist of a 21,226
+/- sq. ft. structure containing a sanctuary, offices, classrooms and
multipurpose room, with parking for 200 vehicles, as shown on the
site plan entitled "First Assembly of God, Bostwick Road, Ithaca, New
York" prepared by Barden Commercial Division and dated June 6, 1994,
drawings showing the front and side elevations and floor plan of the
proposed structure also prepared by Barden Commercial Division and
dated June 2.4, 1994, and other application materials conditioned upon
the following.
a. Submission of the design and construction materials of all
proposed pedestrian facilities, and the size, design, and
construction materials of all proposed signs prior to the
granting of Final Site Plan Approval;
b. Submission of
a
completed
landscaping
plan with plant schedule
and approval
of
same
by the
Planning Board in conjunction with
the granting
of
Final
Site
Plan Approval;
c. Submission of plans showing the location, design, and
construction materials of all proposed water and sewage
facilities and approval of same by the Town Engineer prior to
Final Site Plan Approval,
d. The granting by the Zoning Board of Appeals of Special Approval
and any required height variance prior to Planning Board
consideration of Final Site Plan Approval.
e. Submission of the final design and construction materials of the
exterior of the building for approval by the Planning Board as
part of the Final Site Plan Approval.
• is • �
1. That
the
Planning
Board, in
making its recommendation to the Zoning
Board
of
Appeals,
determines
the following. 0
a. there is
a need for the proposed
use
in the proposed
location,
as demonstrated by the
applicant;
be the existing and probable future character of the
neighborhood will not be adversely affected as a
result of the proposed project;
Planning Board 14 September 6, 1994
ce the specific proposed change in land use as a result
of the proposed project is in accordance with a
comprehensive plan of development for the Town of
Ithaca.
2. That the Planning Board reports to the Zoning Board of Appeals its
recommendation that the aforementioned request for Special Approval
be approved.
Town Attorney John Barney asked if the landscape design be approved
by the Planning Board or by Town staff.
The
Planning Board
decided
that they
would like to approve the
landscape
design plan as
shown in
condition
2b above.
Board Member Eva Hoffmann stated that
of design and construction materials for
and water and sewage facilities and that
proposals for the designing construction
well.
the Board was asking for review
pedestrian facilities and signs
she would like the Board to see
materials for the building as
Attorney
Barney stated
that
the
Planning Board
could
ask
for that as
part of site
plan approval,
but
was
unsure that it
was a
wise
request.
Board Member
Gregory Bell stated that condition 1b of the
resolution
it specifically says
that the Board determines
that the existing
probable
future character
of the neighborhood will not
be adversely affected
as a
result of this
project. Mr. Bell stated
that if they
could have
corrugated metal
siding on the building, it
would adversely
affect the
character
of the
for the
neighborhood.
of the
building.
Board
Member Candace Cornell
stated that
the
Board could suggest
categories
of styles of materials
that could be
used
for this project.
Ms. Hoffmann stated that the Board could make an indication of what
is preferable.
Assistant Town Planner George Frantz stated that the conditions
were
taken straight from the checklist
which is used on
all projects within the
Town of Ithaca, and the reason
for the need to
review the design
and
construction materials of the proposed pedestrian
facilities is to insure
that they are useable for all who
use the church.
Mr. Frantz stated
that
the review for the project was
done based on
the drawings and
the
materials
shown
for the
exterior
of the
building.
Mr. Bayles stated that the proposal was based on the worst possible
scenario, but that their intentions are to build a building that is better
than what is shown if funding allows. Mr. Bayles stated that they were
looking at a construction date of January 1, 1995, and that it would be
agreeable to give a presentation to the Planning Board at some time in the
future with more details as they know more.
Planning Board
Mr. Lovelace
for the buck and
want to do the
financially,
15
September 6, 1994
stated that the church was trying to get the most bang
find the hidden costs. Mr. Lovelace stated that they
best job possible without strapping their people
Mr. Frantz stated that they would have to bring in details 2 to 3
months prior to the proposed construction date.
Board Member Gregory Bell asked Board Member
James
Ainslie, as
the
agricultural representative, how he felt about the
loss
of the cropland.
Board Member James Ainslie responded that anytime a church is willing
to expand and give a little to the people, it is worth a little crop land.
Mr. Ainslie stated that where ever sewer and water is run, loss of crop
land will occur.
There being no further discussion, the Chair called for a vote.
Aye - Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith.
Nay - Kenerson.
Abstain - Bell.
The MOTION was declared to be carried.
Chairperson Kenerson declared the matter of the Preliminary Site Plan
Approval for the proposed construction of the First Assembly of God Church
duly closed at 9:04 p.m.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL 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 IN
SIZE RESPECTIVELY, LOCATED ON THE NORTH SIDE OF SLATERVILLE ROAD BETWEEN
BURNS ROAD AND 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 9:07 p.m. and read aloud from the Notice of Public
Hearings as posted and published and as noted above.
Ralph Varn of 471 Midline Road, Freeville, addressed the Board and
stated that he was representing Eleanor Foote for a simple two -lot
subdivision. of her land. Mr. Varn referring to the subdivision map
submitted to the Planning Board read the two conditions that were added to
said map. (Map entitled "Subdivision Plat - Eleanor Foote Lands" dated
May 19, 1994 and revised August 22, 1994, is attached hereto as Exhibit
#1) Mr. Varn stated that because the location of the future Blue Heron
Road, proposed as part of the Peregrine Hollow Subdivision, could change
when the final drawings are prepared for the Town of Ithaca, the acreage
of the park would be between 1.51 acres and 2.26 acres.
Chairperson Kenerson asked how many acres the Eastern Heights Park
was currently.
Planning Board
16
Assistant Town Planner George
approximately 10 acres.
September 6, 1994
Frantz stated that the park was
Board Member Eva
Hoffmann
the road will
asked under what conditions the park would
be 1.51 acres instead
of
2.26
acres.
Mr. Varn stated that because the grade
of
the road will
either be 10%
or 11% which is
undetermined
at this point.
Mr. Varn stated
that the open
space would be
a minimum of
1.51 acres and
up
to 2.26 acres
depending on
the grade of
the road.
Mr. Varn stated
that the reason for the
uncertainty is
because there
has been only
a
minimal amount
of surveying
work
completed
thus
far because
it is only
a
sketch
plan phase.
Board Member Candace Cornell asked where the road would go through
Lot #2 of Mrs. Foote's property. Ms. Cornell stated that there was no
connection to Route 79.
Mr. Varn responded that there was no road proposed through Mrs.
Foote's property.
Ms. Cornell stated that at the July 19, 1994 Planning Board Meeting,
Mr. Varn was asked to come up with a road design to go to Route 79.
Mr. Varn responded that he did not think he had been asked to do
that. Mr. Varn stated that the possibility of Mrs. Foote giving a right
of way may have been discussed.
Chairperson Kenerson stated that the Board was considering
subdividing Mrs. Foote's property which has frontage on Slaterville Road
and that we are making an unbuildable lot because it has no road frontage.
Mr. Kenerson stated that a road would be proposed or there will be no
development on that piece of land.
Board Member Eva Hoffmann stated that the reason the Board was
discussing a road going down to Slaterville Road with Mr. Varn was that
there would be access and exits from the whole development both to Snyder
Hill Road and to Slaterville Road, not just to Snyder Hill Road.
Mr. Varn stated that the discussion was to put one or two 60 foot
right of ways in to possibly connect to the upper lands of some Town of
Ithaca residences, which could possibly get a road to a road that the Town
of Ithaca has already built that goes down in front of the winery.
Board Member Candace Cornell stated reading from the July 19, 1994
Minutes, Board Member Eva Hoffmann stated that she had concerns and "that
there needed to be a provision for traffic to be divided between Snyder
Hill Road and Slaterville Road and to have access both ways." Ms. Cornell
continued by reading, "Mr. Varn stated that it would be addressed when he
came in for site plan."
Mr. Varn stated that he was not sure what site plan refers to. Mr.
Varn stated that the discussion at the last meeting was that he could not
get a road down through Mrs. Foote's property because of the engineering
of it*
Planning Board 17 September 6, 1994
Ms. Cornell stated that the minutes said that Mr. Varn was going to
look into the issue and that it was going to be studied by the Town
Engineer.
Mr. Varn stated that was not his recollection of the discussion at
the Planning Board Meeting and in dealing with the Planning Board, that
never came up as one of the check off lists.
Ms. Cornell stated that she was reading from the minutes and from
what Mr. Varn agreed to do. Ms. Cornell stated that when she received the
information provided in her Planning Board packet, she tried to figure out
what was new and if the information that Mr. Varn had said he would come
back with was presented. Ms. Cornell stated that she did not see any
investigation of whether or not it was possible to put a road in to Route
79. Ms. Cornell stated that she has serious concerns about having the
only access to the subdivision going to Snyder Hill Road. In terms of
fire hazard, that is a really long drive, which is just one of many
issues. Ms. Cornell stated that she would feel more comfortable if the
residents in the Town of Ithaca in that area would have access to Route
79.
Mr. Varn stated that he was here to do a simple two -lot subdivision
for Mrs. Foote and that he would be back later to deal with the parcel
that he is buying from Mrs. Foote with a proposal for a subdivision.
Town Planner Jonathan Kanter addressed the Board and stated that the
Planning Board should determine whether easements for future through
access roads should be shown on the final plat. At the July meeting, it
was suggested that at least two possible easements could be shown, one at
each end of the proposed loop road, as well as a possible third easement
through the south Foote parcel.
Planning Board Member Candace Cornell stated that the Planning Board
had asked Mr. Varn to explore possibilities of access to Route 79. Ms.
Cornell stated that the July Planning Board Minutes reflect that Mr. Varn
had agreed to do that.
Board Member Gregory Bell asked where the third easement would be
located.
Mr. Varn showed the Board a design with 2 easements into the Blanpied
property, and 1 easement into the Foote property.
Chairperson Kenerson stated that the matter before the Planning Board
tonight was dividing Mrs. Foote's
stated that once that division was
of land with provisions that are
property into 2 lots. Mr. Kenerson
done, then Mr. Varn would have a piece
in the draft resolution that say that
nothing can be done with that property unless
Mr. Kenerson stated that when it comes time
certain conditions are
for site plan review
met.
those
conditions would apply.
Planning Board
Mr. Varn stated that as far as
engineer, Larry Fabbroni had looked at
felt that it was not. Mr. Varn stated
Town of Dryden Engineer, also felt that
property.
September 6, 1994
the road down to Route 79, his
that to see if it was possible and
that George Schelct, acting as the
it was not possible over the Foote
Board Member Gregory Bell stated that the reason Mr. Varn was willing
to get the 2 easements over the Blanpied property was the idea of going to
the existing road, which is unopened and unused, Park Lane Extension.
Town Attorney John Barney
stated
that the
connection
to
Park Lane
Extension could happen eventually,
that he thought that the issue
but
tonight
not now.
is how to
Attorney
get access
Barney stated
to Lot #1 of
the proposal, because on the subdivision
Board at this meeting,(Exhibit #1) does
map presented
not show
to
any access
the
at
Planning
all.
Attorney Barney
stated that
his
office had represented Mr. Varn in
the past but was not
representing
him
currently.
Mr. Varn stated that it is not feasible to build a 60 foot wide Town
road to specifications of the Town. A 20 foot easement across the land so
that it would not be land locked was something Mrs. Foote did not want to
do, so the easement was put through his own property that this parcel
would be adjoined to which would provide access to another road, and
therefore would not be land locked, which is a condition of the
subdivision, which was put on the map itself.
Attorney Barney asked Mr. Varn if there was some reason why he could
not show this road on the subdivision map leading to Snyder Hill Road from
Parcel No. 1.
Mr.
Varn stated that
he
could
make
a bigger
map that showed an
easement
the point where Burns
Road
leading
to Snyder
land, and the
parcel that is owned
Hill
the corner
of the Foote parcel.
Mr. Fabbroni
stated that the one
Road
that
from
Foote's
Parcel
No.
10
Larry Fabbroni of
127
Warren Road, addressed the Board
and stated for
clarification, that access
to Route 79
would be impossible
to try to meet
the point where Burns
Road
is due to
the topography of that
land, and the
parcel that is owned
off
the corner
of the Foote parcel.
Mr. Fabbroni
stated that the one
alignment
that
is possible is right through the
Foote's
house.
David Blanpied addressed the Board and stated that he owned the
property immediately to the west of the proposed property and that he was
willing to consider one right of way across his land for access to Park
Lane Extension.
Town Engineer Daniel
Walker stated
that it would be
physically
possible to put a road in
stated that the conditions
Varn can not do anything with
between this site
in the proposed
that piece of
and Park Lane.
resolution are very
land until access
Mr. Walker
clear; Mr.
is provided
to its Mr. Walker stated that Mr. Varn would also be limited to one
residence or building on that new lot if subdivided.
Planning Board
19
September 6,
1994
Board Member Stephen Smith
possible future subdivision would
stated
be Town
that the roads in Mr.
of Dryden roads eventually.
Varn's
Mr. Walker stated that they would be Town of Dryden roads and that
they would be a public way.
Chairperson Kenerson stated that the Board would need to be
comfortable with the fact that there is a piece of property that can be
accessed, has suggested access ways, and conditions say that there is to
be no development until the property is accessed and becomes usable.
Mr. Smith, referring to condition b of the proposed resolution, which
refers to the parcel reverting back to Mrs. Foote. Mr. Smith asked if the
subdivision does not occur for a long period of time and the Foote
property changes hands, who would have control of the parcel.
Town Attorney John Barney responded that the Planning Board should
add the words - or her successor in interest in ownership of the property
adjoining Lot 1. Attorney Barney stated that with those words added to
the condition, if Mrs. Foote died or sells off lot 2 to somebody, it would
go to whoever succeeds to her interests. Attorney Barney stated that if
Mrs. Foote sells a portion of Lot 2, she would need to come before the
Board again for subdivision review, and Town staff will have the
resolution to refer to for that subdivision as well. Attorney Barney
stated that he thought that the idea was to put an outside time limit on
the development, such as 3 to 5 years, and if the conditions have not been
completed by then, the reversion would go into effect.
Chairperson Kenerson noted that this was a Public Hearing and asked
if anyone else present wished to speak.
Joe Westbrook of 1796 Snyder Hill Road, requested that the Planning
Board deny the proposal because it doesn't have the road frontage. Mr.
Westbrook stated that if there is a road in the future then he should come
before the Board at that time and make the subdivision request. Mr.
Westbrook stated that he was a Dryden resident and he had watched the
Peregrine Hollow subdivision from the Dryden side and it was a surprise
to him to see the map on the Town of Ithaca side with various numbers of
lots added to the subdivision that the Dryden side was never made aware of
and never saw. Mr. Westbrook stated that he thought that the development
should be limited to what he proposed on the Dryden side. Mr. Westbrook
stated that the Ithaca side was a surprise to the residents of Dryden and
that it would be unfair to them.
Mr. Varn
responded to Mr.
Westbrook's comments and stated
the map
presented to
the Town of Ithaca Planning Board showing the
entire
subdivision is
the official map
of the proposal as given to the
Town of
Dryden.
Planning
Board.
Chairperson
Kenerson asked
if the Town of Dryden had approved
the map
showing where
the roads would come from and lead to.
Mr. Varn
responded that
he had
received
preliminary approval of the
map presented
to the
Town of
Dryden
Planning
Board.
Planning Board
20
September 6, 1994
Mr. Westbrook stated that he felt that it is the job of the Planning
Board to get interested parties made aware of what is going on. Mr.
Westbrook stated that he had spoken with Henry Slater who is the Building
Inspector for the Town of Dryden, and the Mr. Slater was totally unaware
of the Town of Ithaca subdivision and how it related to the Peregrine
Hollow subdivision. Mr. Westbrook stated that Mr. Slater was very
interested and had not been made aware by the Town of Ithaca Planning
Board,
Town Planner Jonathan Kanter stated, for the record, that he had met
with the Town of Dryden Supervisor and someone from his office and
discussed the potential sewer connections to Peregrine Hollow and also
talked about this proposal at the same time.
Mr.
Westbrook
stated that it was
a very complex issue and to have it
called a
two parcel
subdivision
makes
it difficult.
Chairperson Kenerson stated that Mrs. Foote has a parcel that she
wants to divide and sell to Ralph Varn, which makes it a two -lot
subdivision.
Mr. Westbrook stated that he was the immediate neighbor of Mrs.
Foote, and that to the best of his knowledge, he had not been notified of
the subdivision process. (Referring to Fred Pritt)
NOTE: A Public Hearing Notice for every Public Hearing regarding the
Foote /Varn Subdivision proposal was mailed to the Town Clerk for
the Town of Dryden.
Fred Pritt of 1632 Slaterville Road, addressed the Board and stated
that his property borders on Mrs. Foote's property. Mr. Pritt stated that
his property is divided by the Town of Ithaca /Town of Dryden line. Mr.
Pritt stated that his house is in the Town of Dryden and his garage and
one -third of his property is in the Town of Ithaca. Mr. Pritt stated that
he had been aware of the development on Snyder Hill for some time because
when it was being proposed with the emphasis was in the Town of Dryden,
Mr. Pritt canvassed the road from his house out to German Cross Road to
see if he could develop an interest in sewer and water extension. Mr.
Pritt stated that when the services were extended to the Foote's property,
he tried to get it to his property as well, but a pump was too expensive
and he was unable to be included in the extension at that time. Mr. Pritt
stated that he gathered over 30 signatures asking the Town of Dryden to
look into the possibility of a sewer district, but at that time it would
have been far more expensive than the residents could afford. Mr. Pritt
stated that with the proposed development, the shared cost would make it
possible. Mr. Pritt stated the was not convinced that the topographical
slope would eliminate the possibility of changing things for his property.
Mr. Pritt stated that water runs sideways as well as downhill. Mr. Pritt
stated that the property that is being subdivided tonight will ultimately
be developed and his concern is that when it is developed is that he is
not disrupted in terms of drainage, and would still like to be included in
the possibility of sewer and water. Mr. Pritt stated that he was the last
house on the Bolton Point water service.
Planning Board
01
September 6, 1994
Mr. Pritt requested that the Planning Board look carefully at the
creation of a property to be developed with immense impact on those who
have houses in the area. Mr. Pritt concluded by stating that the traffic
generated by the additional development would make getting up and down
Snyder Hill Road very dangerous.
Cathy Valentino of Eastern Heights Road, addressed the Board and
stated that her concerns with the two -lot subdivision is that there would
not be adequate access for two lots in the Town of Ithaca with the only
access being on roads to Snyder Hill Road.
Chairperson Kenerson stated that Mrs. Foote's parcel. has frontage on
Slaterville Road.
Ms. Valentino
Valentino
stated that her
other concern
was the safety features
with length of
the
proposed road to
Snyder Hill
Road.
Mr. Varn stated that the proposed road would be approximately 1200
feet long.
Ms.
Valentino
stated that the
proposed
roadway
is longer than what we
like to
see in the
Town of Ithaca
because
of the liability
factors.
Town Planner Jonathan Kanter stated that Mr. Varn would need to go to
the Zoning Board of Appeals for a variance for the lack of frontage for
that lot. (Condition c in the proposed resolution)
Town Engineer Daniel Walker stated that the issue is that there would
be no frontage or public road there now.
Board Member Stephen Smith stated that he would feel better if there
was more than a right of way for access, even a pan handle going all the
way up to Lot #1. Mr. Smith stated that right now the Foote lot is being
used in the Town of Ithaca and it has appropriate access, and the request
is to cut off a piece of that, which is creating a lot of problems for the
Town. Mr. Smith wanted to know what the Town of Ithaca gets out of going
through all of this effort. Mr. Smith stated that the Foote lot is
developable and the Board has not taken any value away from that.
Mr.
Varn
stated
that he
was buying Lot #1 and putting it into the
larger
parcel
on the
Dryden side.
Larry Fabbroni stated that the Foote's exacted a written commitment
from the Town of Ithaca to provide access to the Foote's out through the
general purpose land of the Eastern Heights Park to the end of Park Lane
Extension. Mr. Fabbroni stated that it was on the record.
Chairperson Kenerson asked if the Eastern Heights Park was part of
the Foote's property.
Town Attorney John Barney and Mr. Fabbroni responded that it was not
part of the Foote's property.
Planning Board
22
September 6, 1994
Mr. Fabbroni stated that the subdivision that was going to be part of
the Eastern Heights Subdivision would have provided access to the lands
that the Varn's are involved with in the Town of Dryden. Mr. Fabbroni
stated that once the land was accepted as a park and general purpose land,
there was no longer the second access to the upper land. Mr. Fabbroni
indicated that as part of the proceedings, the Foote's came to a meeting
and asked for a commitment from the Town of Ithaca and received it from
the Town Board.
Town Engineer Daniel Walker stated that there were some freehand
sketches in files that showed possible connections done by a former Town
Planner, but that he had not found any official determination in any
record at this point. Mr. Walker stated that it did not mean that it was
not there because he had not reviewed every set of minutes, but that there
were no resolutions that Mr. Walker is aware of ever accepting that by the
Town Board or by the Planning Board as an official Town road. Mr. Walker
stated that it was something that was discussed at some point in a
Planning Board Meeting, but he did not know if there was ever a resolution
because that was prior to his time, but when he came to the Town of Ithaca
approximately 5 years ago, there was some thoughts regarding this, but no
formal resolution made. Mr. Walker stated that the concept of the
discussions regarding the Frandsen, Park Lane, and Quick parcels, the Town
Board at this point feels that is not a viable alternative.
Town Attorney John Barney stated that he basically concurred with
what Mr. Walker had said. Attorney Barney stated that he has been working
very hard on getting the title for Park Lane prepared so that the Town
could acquire that title. Attorney Barney stated that Mr. Fabbroni was
intimately involved in some of this. Attorney Barney stated that all he
had seen was a general agreement that was made between the Quick's,
Frandsen's, and the Town relative to the creation of the extension of Park
Lane. Attorney Barney stated that he had also seen sketches that showed
possible access to Mr. Blanpied's land from Brian Drive, but that he did
not recall seeing anything specifically involving the Foote land.
Attorney Barney stated that he was not aware of any resolution of the Town
Board accepting it and that he was not aware of any resolution of the
Planning Board accepting or committing either way to that road being
created. Attorney Barney stated that it was not part of the Frandsen
Subdivision. Attorney Barney stated that whatever may have been said at
a meeting many many years ago was probably not binding on the Town.
Attorney Barney stated that he was not sure that it was an appropriate
consideration for what the Planning Board was considering at this meeting.
Town Planner Jonathan Kanter stated that this was an issue that had
been raised twice and asked that Mr. Varn or Mr. Fabbroni please submit a
copy of the alleged commitment by the Town to provide access through
Easter Height general purpose lands to the Board and Town staff for
review.
Mr. Fabbroni stated that the information is located in the Final
Environmental Impact Statement for the subdivision in the Town of Dryden
(Peregrine Hollow), in the Appendix materials, which include the minutes
of the Town Board that passed on that, the follow up letter from those
minutes committing that, and that he would send the Town a copy.
Planning Board
NKI
September 6, 1994
Mr. Varn stated that he is Mrs. Foote's neighbor, buying a piece of
land from her, and incorporating it into his land. Mr. Varn stated that
Mrs. Foote's property will not be sold unless it can be sold as a whole
parcel, and there are conditions on the map that address some of the
planning staff's concerns about access through Snyder Hill Road and the
issue of the park. Mr. Varn stated that he can not build a building on
that lot unless he goes before the Zoning Board of Appeals, and he can not
further subdivide unless they come in for sketch plan review, preliminary
review, and final review. Mr. Varn stated that lot #1 would be deeded to
the same company that owns the bigger piece.
Town Attorney John Barney asked if the map presented to the Planning
Board stated that Lot #1 shows the Reputed owner as Eleanor Foote, which
is the piece that will be subdivided off from Lot #2. Attorney Barney
stated that Lot #1 and Lot #2 aggregate Mrs. Foote's property in the Town
of Ithaca. Attorney Barney then stated that she also owns land in the
Town of Dryden. Attorney Barney asked if the pieces of property in the
Town of Dryden were part of the Peregrine Hollow Subdivision.
Mr. Varn stated that the parcel labeled 5.3 acres (Tax Parcel No.
71- 1 -1.2) is Mrs. Foote's property that he is purchasing from her.
Town Attorney John Barney asked if both parcels were being purchased
at the same time.
Mr. Varn responded, yes at the same time.
Attorney Barney asked if Mr. Varn was purchasing the parcel labeled
'Underwood'.
Mr. Varn stated that the small triangular piece labeled 'Underwood'
was being sold to Mrs. Foote to protect the pond.
Attorney Barney stated that the larger area labeled 'Underwood' would
become part of Peregrine Hollow.
Mr. Varn responded, yes.
Attorney Barney stated that property would also be acquired from Mr.
and Mrs. Underwood.
Mr. Varn responded, yes.
Attorney Barney asked Mr. Varn if at present he owned any of the land
involved in the proposed Peregrine Hollow subdivision.
Mr. Varn responded that he owned all of the 'Underwood' property.
Attorney Barney asked why it was shown on the map as Underwood'.
Mr. Varn responded that it was closed on June 6, 19940
Attorney Barney stated that the map should be corrected to show Mr.
Varn's title and ownership.
Planning Board
Mr. Varn responded, yes.
Fes!
September 6, 1994
Chairperson Kenerson stated that he felt that the Planning Board had
three options at this point.
1) Reject it,
2) Put limitations on it that lock it so that nothing could happen
until such time as the conditions are met;
3) Approve it with the conditions in the resolution at present.
Chairperson Kenerson asked what the Board would like to do at this point.
Chairperson Kenerson noted that this was a Public Hearing and asked
if anyone else present wished to speak. No one spoke. Chairperson
Kenerson closed the Public Hearing and brought the matter back to the
Board for discussion.
Board Member Stephen Smith stated that he was uncomfortable putting
restrictions on a subdivision, if there was a road there, it would be an
easy subdivision to consider, but everything about it is questionable.
Chairperson Kenerson stated that the Planning Board needed to resolve
which way they would like to go with this project.
Board Member Candace Cornell stated that she wanted to be assured
that when there is a subdivision with more than one house on it that those
residents are safe and that there would be another access. Ms. Cornell
stated that she wanted the residents who would live there to have access
from emergency vehicles. Ms. Cornell stated that she wanted another
access to this property if there is more than one house on the parcel
other than just Snyder Hill Road. Ms. Cornell stated that she would like
to have an access way to Route 79 instead of Snyder Hill Road.
Town Attorney John Barney stated that any future subdivision would
need to meet the necessary requirements at that time or be denied by this
Board. Attorney Barney felt that to impose a condition like that would be
premature. Attorney Barney suggested to Mr. Varn that if subdivision be
granted tonight, that no structure be built on the land until adequate
access (to the Town of Ithaca's specifications) be provided to that lot
and approved by the Planning Board. Attorney Barney stated that he would
also suggest that the Planning Board try to impose a condition that the
parcel be consolidated to the extent possible with the other lands that he
is acquiring from Mrs. Foote and the lands that have been acquired from
the Underwood's, because that is what gives it frontage and keeps it from
being a landlocked lot.
Chairperson Kenerson asked
if
the
Board agreed that a unusable lot
should
not
be
knowingly
created
by
the
Board.
Attorney Barney stated that as a condition the Planning Board would
need to see what the road or access would be and how it is going to be
laid out, which should be shown on the subdivision map.
Planning Board
25
September 6, 1994
Mr. Varn stated that an access would be put on to Snyder Hill Road.
Mr. Varn stated that he did not want to build only one house on that lot.
Mr. Varn stated that he would do all of the suggestions made by Attorney
Barney.
Attorney Barney asked, technically, who owns the parcel shown as
'Underwood' now.
Mr. Varn responded, Peregrine Partners.
Chairperson Kenerson asked if that was a corporation.
Mr. Varn stated that it was a partnership.
Board Member Candace Cornell stated that at the Planning Board
meeting on July 19, 1994, the minutes reflect that Mr. Varn was going to
discuss with the Planning and Engineering staff about the parkland and
drainage issues that were brought up by the Board Members, and that
Attorney Barney stated that Mr. Varn should come back to the Board with
that information. Ms. Cornell asked Town Engineer Daniel Walker if he had
discussed the drainage issues with Mr. Varn that were brought up at that
meeting.
Town Engineer Daniel Walker stated that he had a meeting with Mr.
Varn several months ago.
Ms. Cornell asked Mr. Walker if they had met with Mr. Varn after the
July 19, 1994 Planning Board meeting to discuss the drainage issues
discussed at that meeting.
Mr. Varn stated that he believes that he had that discussion with the
Planning staff, but basically the main issue was the dedication of the
park.
Ms. Cornell stated that there was a long discussion about drainage
when reviewing the model Mr. Varn had brought in for the Planning Board to
review.
Mr. Varn stated that the discussion was because the Board was
discussing the subdivision of the entire land, and when he comes for
subdivision of the parcel into 20 lots drainage would have to be
discussed.
Ms. Cornell stated that when discussing this one simple subdivision,
nevertheless, at the last meeting the Board raised a lot of issues about
drainage and the Board asked that Mr. Varn talk with Town staff and
resolve some of those issues. Ms. Cornell asked if Mr. Walker was
confident that the drainage issues are no problem.
Planning Board
26
September 6, 1994
Town Engineer Daniel Walker stated that the drainage issues do need
to be addressed and that he had not seen the final improvement plans for
the whole Peregrine Hollow and how it enters onto Town lands, especially
Town owned lands, plus other Town residents lands above the Town park
land. Mr. Walker stated that there are mitigating measures that can be
taken to minimize any drainage problems although he has not seen a
detailed construction plan for the systems.
Ms.
Cornell
stated
that in
subdividing this property, are there any
drainage
of the Foote Parcel
issues
is being proposed for subdivision in the
that
Ithaca, there is plenty
the
any of the drainage
Board
should
be concerned about.
mean that they lose
Mr. Walker stated that there are no improvements proposed for the
property as the subdivision stands. Mr. Walker stated that if there are
improvements proposed, he would have to look at the detailed construction
drawings.
Board Member Stephen Smith stated that the problem with the
subdivision not looking at drainage is that some times if you move the
property line another 25 feet at a later date, it may be determined that
25 feet is needed to do remedial action for the drainage problems.
Mr.
Walker stated that
in
this particular case,
if looking at the
portion
of the Foote Parcel
that
is being proposed for subdivision in the
Town of
Ithaca, there is plenty
of room to address
any of the drainage
problems
off the site. Mr.
Walker stated that it may
mean that they lose
three or
four lots if there
is a
problem.
Board Member Candace Cornell stated that the real problem is that the
Board knows what the future holds, and Ms. Cornell wants to be sure that
they are not giving up any opportunity to ensure the safety of the
residents when they build.
Town Engineer Daniel Walker stated that someone may want to be 2,000
feet away from the main road, which would require a variance, and it would
need to be made clear that life /safety services would be very difficult to
provide to them.
Board Member Eva Hoffmann stated that because she knows that this
subdivision is connected with the Town of Dryden, and that she can not
comfortably make a decision on this subdivision without considering future
development due to the number of concerns surrounding this development.
Mr. Walker stated that
the Board
could
require that the lot remain as
open space until access is
provided
for a
set period of time and if no
access is provided
by then
it
becomes
park
land
for the
Town of Ithaca.
Mr. Varn stated that he was not interested in that. Mr. Varn stated
that he had completed a Full Environmental Assessment Form in the Town of
Dryden, the Town of Ithaca reviewed it and made comments on it, and it was
passed. Mr. Varn stated that the roads would be built and developed at
some point in the future and nothing can be built on that parcel until
that access is provided. Mr. Varn stated that he is here as Mrs. Foote's
agent to do a simple two -lot subdivision, although there are lots of
issues in the Town of Ithaca. Mr. Varn stated that they had dealt with
Planning Board
the issues in the Town
opportunity to comment on
27
of Dryden
it and did.
Attorney Barney stated that what
does not bind what needs to happen
Ithaca. Attorney Barney stated that
much of the proposal because they were
process.
September 6, 1994
and the Town of Ithaca had the
ever occurred in the Town of Dryden
or what may happen in the Town of
the Planning Board did not see very
not involved in any decision making
Attorney Barney made several suggestions for additions and changes to
the Proposed Resolution and read them aloud to the Planning Board Members
and the Public for consideration and discussion as deemed necessary by the
Planning Board.
Board Member Candace Cornell stated that she would like some research
from the Town staff to determine how long it would take emergency vehicles
to reach the lots using the Town of Dryden roads.
Board Member
Eva
Hoffmann stated that
she felt that the Planning
Board should let
the
development in Dryden
proceed then have Mr. Varn
return to the
Town
of
Ithaca
Planning Board
when
there
is a road
there.
Board Member Gregory Bell stated that he was not comfortable with the
subdivision but that he would be willing to vote for it with the proposed
changes suggested by Attorney Barney.
MOTION by Eva Hoffmann, seconded by Stephen Smith.
Proposed that the proposed Eleanor Foote /Ralph Varn Two -Lot
Subdivision be rejected because it would create a landlocked parcel.
Chairperson Kenerson called for a vote.
Aye - Stephen Smith, Eva Hoffmann.
Nay - Kenerson, Cornell, Finch, Ainslie, Bell.
Abstain - Bayer.
The MOTION was denied.
MOTION by Candace Cornell, seconded by Eva Hoffmann.
RESOLVED, that the Town of Ithaca Planning Board table the
consideration of Preliminary Approval of the Eleanor Foote /Ralph Varn Two -
Lot Subdivision until the Planning Board Meeting of September 20, 1994, at
7:35 p.m., for further review of the proposed resolution showing revisions
proposed by Town Attorney John Barney for review and discussion due to the
fact that the subdivision is a very complicated one.
The Planning Board also requested that Mr. Varn provide revised
Subdivision Maps showing the correction of ownership of the parcel
currently labeled Underwood' to show the ownership by "Peregrine
Partners" and showing the proposed access easement and its connection to
the nearest existing public road.
Planning Board
W
September 6, 1994
Board Member Candace Cornell asked if the access went through the
Town of Dryden, and it was discovered that the road access was not up to
Town of Ithaca standards, would the parcel be considered landlocked.
Town Planner Jonathan Kanter stated that the only standard is that
maximum length of 1,000 feet that is in the Town of Ithaca Subdivision
Regulations for roads ending in a dead end cul -de -sac, which has been and
can be modified by the Planning Board with conditions.
Mr.
Varn stated
that September
20,
1994 is not
soon enough for him
and he
considers this
a stall tactic
to
try to stop
the
development.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bell, Finch, Ainslie, Cornell, Bayer, Hoffmann.
Nay - Smith.
The MOTION was declared to be carried.
Deborah O'Connor addressed the Board and asked if it were true that
the general purpose town land was to become part of the Town of Ithaca
park, which would make it impossible for any road to go through that area
as suggested by Mr. Fabbroni.
Town Attorney John Barney responded, no, there was a discussion that
the general purpose land would be turned into a Town park, but only in
conjunction with taking part of that general purpose land and adding it to
the extension or Brian Drive or John Street, which was not done.
Chairperson Kenerson declared the matter of the consideration of
Preliminary Subdivision Approval for the Eleanor Foote /Ralph Varn Two -Lot
Subdivision duly adjourned at 10 :38 p.m.
PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE
PROPOSED SANCTUARY WOODS SUBDIVISION, TO CONSIST OF FOURTEEN LOTS ON TOWN
OF ITHACA TAX PARCELS NO. 73 -1 -6, 73- 1 -7.2, AND 73- 1 -8.2, 5.33 + /- ACRES
TOTAL AREA WITH WATER AND SEWER CONNECTIONS AND APPROXIMATELY 760 LINEAR
FEET OF ROADWAY, LOCATED ON THE WEST SIDE OF SAPSUCKER WOODS ROAD,
RESIDENCE DISTRICT R -15. A TEMPORARY TRAIL RIGHT OF WAY IS PROPOSED TO
FULFILL THEIR PARK AND RECREATION LAND DEDICATION. STEPHEN LUCENTE,
APPLICANT.
Chairperson Kenerson declared the above - noted matter duly opened at
10:40 p.m. and read aloud from the Notice of Public Hearings as posted and
published and as noted above.
Larry Fabbroni addressed the Board and stated that he was
representing Mr. Lucente for this project. Mr. Fabbroni gave a brief
description of the project for the public and the new Planning Board
members.
Planning Board
29
September 6, 1994
Mr. Fabbroni stated that the would like to enter into record, subject
to the approval of the Town Attorney.
1) A temporary easement for the 20 -foot easement for a walkway for
public access to the sanctuary and other areas through Rocco Lucente's
land, and
2) A temporary easement for a temporary cul -de -sac, and
3) A Transfer of Real Property, and
4 ) A consent from Rocco Lucente to dedicate future park land to cover
the park land dedication requirement for this subdivision from his land
pending future development of Rocco Lucente's large parcel of land located
to the north of Stephen Lucente's subdivision.
Mr.
Fabbroni
stated that if the subdivision is
approved by the
Planning
Board at
this meeting, he would provide a map
that would show
where the
center line
was located, and would add setback
dimensions which
are all 100
feet or
more. Mr. Fabbroni stated that the Health Department
wants a statement
that there are no known bottlenecks in
the sewer system
from this
project
back toward Cayuga Heights.
Board Member Candace Cornell asked if the Town of Ithaca owned any of
Birchwood North.
Mr. Fabbroni responded that the Town of Ithaca had a letter of credit
to insure the completion of the project. Mr. Fabbroni stated that he did
not know if they had been deeded over at this point.
Ms. Cornell asked if people were allowed to walk on the roads to get
to the temporary walkways.
Mr. Fabbroni stated that they were platted as a public right of way
at this point. Mr. Fabbroni stated that the question at this point is
does the Town own the right of way yet.
Town
Attorney
John
Barney stated that he did not know the answer to
that, but
that he
could
find out.
Ms.
Cornell
stated that
it
would not do the residents any good to
have a
trail that
they could
not
get to.
Chairperson Kenerson stated that this was a Public Hearing and asked
if anyone from the Public wished to speak.
Arno Selco of
311
Salem
Drive,
addressed
the
Board and stated that he
was concerned with
the
location
of
the park
land
dedication.
Mr. Fabbroni stated that when the balance of Rocco Lucente's land was
subdivided, Mr. Lucente has submitted a letter stating that the .53 acres
required for this subdivision would be added to whatever the Town required
as park land in that future proceeding.
Mr. Selco read a letter that he had written and addressed to Mr.
Stephen Lucente: "Dear Mr. Lucente: My family and I live at 311 Salem
Drive. My neighbors, the Amato's live at 401 Salem Drive. For many years
the Amato's and me have maintained the property between our homes. Our
Planning Board
9101
September 6, 1994
two families are now interested in possessing this piece of property. Our
inquiries have revealed that your father, Rocco Lucente, currently owns
the property. We are contacting you because the future of the property
more than likely depends on the development of the subdivisions you have
proposed between Salem Drive and Sapsucker Woods Road. We are aware of
the law of 'Adverse Possession' and are considering invoking these
procedures and provisions. Before we do this, we would like to meet with
you to discuss how you would prefer to handle our interest in possessing
the property. We look forward to hearing from you and meeting with you
soon. Sincerely yours, ".
Mr. Fabbroni stated that Stephen Lucente had stated that he would be
very willing to speak with Mr. Selco and Mr. Amato. Mr. Fabbroni stated
that as far as the 'Adverse Possession', Mr. Lucente's attorney would be
speaking with Mr. Amato and Mr. Selco's attorney, because it is a very
complicated piece of law.
Jerrold Davis of 309 Salem Drive, addressed the Board and asked how
much of the land of Rocco Lucente was under discussion with Cornell
University.
Mr.
Fabbroni stated
that
it may
be
all of Rocco
Lucente's land or
just
the
portion
north
of
the
subdivision
proposed
at
this
meeting.
Mr. Davis asked if it could be extended to the property south of the
right of way.
Mr. Fabbroni stated that it could extend to all of the property Rocco
Lucente has there.
Mr. Selco stated that if there is a trail being proposed, and if he
possessed that land, there would be no way to get the trail to Salem
Drive.
Town Engineer Daniel Walker stated that the Town of Ithaca has a
sanitary sewer easement through that land, which will not be given up.
Mr. Walker stated that the Town would also have the trail easement for
that land to Salem Drive.
Town Attorney John Barney stated that Mr. Selco's point was that if
he and his neighbor already own that land by Adverse Possession, there is
not an opportunity for Rocco or Stephen Lucente to convey an easement to
the Town.
Mr. Fabbroni stated that it would need to be open and notorious
possession and mowing that portion of lawn is a long way from open and
notorious possession of a piece of property.
Jerrold Davis of 309 Salem Drive, addressed the Board and stated that
there was a temporary cul -de -sac at the end of the proposed development at
this point. Mr. Davis stated that there were general plans of what may
occur at some time in the future. Mr. Davis stated that if that land goes
to Cornell University there would be a permanent cul -de -sac. Mr. Davis
stated that the discussion of the Planning Board should be expanded at
Planning Board
31
September 6, 1994
some time to consider whether or not the Town is prepared to have a
permanent cul -de -sac at the end of that small block, or if there would be
a Town of Ithaca through road to Salem Drive from that point.
Board Member Stephen Smith stated that the plans do not put a road
all the way through to Salem Drive. Mr. Smith stated that it could go
either way.
Mr. Selco stated that this is a Final hearing and the decisions made
at this meeting are going to be made final at this meeting. Mr. Selco
asked what the final plan was.
Mr. Fabbroni stated that the final plan is exactly as was proposed in
the Preliminary Subdivision hearing. Mr. Fabbroni then pointed to the
plat that was being considered for Final Subdivision Approval. (Final
Subdivision Plat is attached hereto as Exhibit #3)
Mr. Selco asked if the dedication was part of the final approval.
Mr. Fabbroni responded, yes.
Mr. Selco asked if the easement included the land between his house
and the Amato's house.
Mr. Fabbroni stated that it included the walkway to the extent that
it would follow the center line of the sewer line through that land and be
a six -foot walkway.
Mr. Selco asked if the Board considered the property in dispute at
this point.
Mr. Finch responded, no. Mr. Finch stated that there was a sign on
it stating that it was a future Town road with an easement on it from the
Town for the sewer, and that he did not see that as a dispute.
Town Attorney John Barney stated that
approval would be approval of title by the Town
stated that if the title is defective, then
because of a claim of Adverse Possession, and
to the Board, but for now the Board assumes tY
to the Town good and marketable title to the
approval is conditioned upon this occurring,
one of the conditions of
Attorney. Attorney Barney
there would be a problem
it would have to come back
tat Mr. Lucente can deliver
items and the subdivision
Town Planner Jonathan Kanter stated that the Town Board accepted the
actual location of the walkway and the cul -de -sac easements at their July
1994 Meeting.
Mr. Selco stated that he wants the land left exactly as it is if he
can not own it. Mr. Selco asked who would maintain the land if the
development was granted.
Attorney John Barney stated that the Town of Ithaca would be
responsible for maintaining the land after taking title to it.
Planning Board
32
Chairperson Kenerson noted that this was
if anyone else from the public wished to
Chairperson Kenerson closed the Public Hearing
to the Board for discussion.
September 6, 1994
a Public Hearing and asked
speak. No one spoke.
and brought the matter back
There appearing
to be no
further
discussion, Chairperson Kenerson
asked if anyone were
prepared
to offer
a motion.
MOTION by Candace Cornell, seconded by Herbert Finch:
r.•:�
1. This action is the consideration of Final Subdivision Approval for
the proposed subdivision of Town of Ithaca Tax Parcel No.
73- 1 °8.2,
24.6 +/- acres total,
into 2 parcels,
1.22 +/- acres and
23.38 +/-
acres, respectively,
for the purpose
of completing the
proposed
Sanctuary Woods Subdivision,
located
on the west side of
Sapsucker
Woods Road, Residence
District R -15.
Stephen Lucente, Applicant;
Rocco Lucente, Owner;
and
2. The Planning Board, at a Public Hearing held on June 7, 1994, granted
Preliminary Subdivision Approval, with conditions, for the above -
referenced parcel, as well as the proposed Sanctuary Woods
Subdivision; and
3. This is an Unlisted Action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on June 7,
1994, made a negative determination of environmental significance;
and
4. The Town
Board, on July 11,
1994, has approved the
location of
the
proposed
road, utilities,
temporary cul -de -sac
easement,
and
temporary
walkway easement
for the Sanctuary Woods
Subdivision;
and
5. The Planning Board, at a Public Hearing held on September 6, 1994,
has reviewed the proposed subdivision plats, entitled "Final
Subdivision Plat -Lands of Lucente & Hughes, dated June 29, 1994,"
and "Final Subdivision Plat - Sanctuary Woods," prepared by Lawrence
Fabbroni, P.E., L.S., dated January 21, 1994, and revised April 12,
1994 and June 29, 1994, and other application materials,
1. That the Planning Board hereby grants Final
the proposed subdivision of Town of Ithaca
2496 +/- acres total, into 2 parcels, 1.22
acres, respectively, for the purpose of
Sanctuary Woods Subdivision, as shown o
entitled "Final Subdivision Plat - Lands
prepared by Lawrence P. Fabbroni, Surveyor,
conditioned upon the following:
Subdivision Approval for
Tax Parcel No. 73- 1 -8.2,
+/- acres and 23.38 +/-
completing the proposed
n the subdivision plat
of Lucente & Hughes,"
and dated June 29, 1994,
r.
Planning Board
33
September 6, 1994
a. The 1.22 +/- acre parcel to be conveyed to Stephen Lucente must
be consolidated with Town of Ithaca Tax Parcel No. 73 -1 -7.2 for
the purpose of completing the proposed Sanctuary Woods
Subdivision.
b. Easements for, and title to, the temporary walkway and temporary
cul -de -sac shall be in a form acceptable to the Town Attorney,
and approved by the Town Attorney prior to signing of the final
plat by the Planning Board Chairman.
c. A permanent park and recreation dedication of ten percent (2.46
acres) shall be established when the remainder of the parcel
owned by Rocco Lucente (Tax Parcel No. 73- 1 -8.2) is subdivided,
as determined by the Planning Board, which 2.46 acres shall be
in addition to the .53 acre park and recreation dedication to be
placed on the remainder of the parcel (Tax Parcel No. 73- 1 -8.2)
by reason of the Sanctuary Woods Subdivision of Stephen Lucente
being considered simultaneously with this subdivision.
d. The temporary easement referred to above shall remain in effect
until such time as there is a future subdivision of said Tax
Parcel No. 73 -1 -8.2 and /or an alternative park and recreation
dedication is made acceptable to the Town of Ithaca Planning
Board and Town Board.
e. Map modified
to show
temporary
trail
extending
to the
publicly
dedicated
portion of
Birchwood
Drive
North and
Salem
Drive.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bell, Bayer, Hoffmann, Finch, Ainslie, Cornell, Smith.
Nay now None.
The MOTION was declared to be carried unanimously.
Board Member Gregory Bell asked what would happen to the cul -de -sac
if Rocco Lucente's land was sold to Cornell University.
Town Attorney John Barney stated that the cul -de -sac is the Town of
Ithaca's property forever.
Mr. Bell asked if the land was sold if the Town of Ithaca could still
use the land.
Attorney Barney stated that the easements go with the land.
There being no further discussion, the Chair asked if anyone were
prepared to offer a motion.
MOTION by George Bayer, seconded by Candace Cornell.
f •
Planning Board 34 September 6, 1994
WHEREAS:
1. This action is the consideration of Final Subdivision Approval for
the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2,
5.33 +/- acres, into 14 parcels, for the Sanctuary Woods Subdivision,
located on the west side of Sapsucker Woods Road, Residence District
R -15. Stephen Lucente, Applicant; and
2. The Planning Board, at a Public Hearing held on June 7, 1994, granted
Preliminary Subdivision Approval with conditions, for the proposed
Sanctuary Woods Subdivision; and
3. This is an Unlisted Action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, has, on June 7,
1994, made a negative determination of environmental significance;
and
4. The applicant
has proposed to
provide a temporary
walkway easement
and to
construct a walkway
as an interim park
and recreation
dedication, pending a more
comprehensive park
development in
conjunction
with other lands of Rocco Lucente; and
January 21, 1994,
50 The Town
Board, on July 11, 1994,
has approved the
location of the
proposed
road, utilities,
temporary cul -de -sac
easement, and
temporary walkway easement for the Sanctuary Woods
Subdivision; and
6. The Planning Board, at a Public Hearing held on September 6, 1994,
has reviewed the
proposed
subdivision plats,
entitled "Final
Subdivision Plat -
Lands of
Lucente & Hughes,
dated June 29, 1994,"
and "Final Subdivision
Plat - Sanctuary Woods,"
prepared by Lawrence
Fabbroni, P.E., L.S.,
dated
January 21, 1994,
and revised April 12,
1994, and June 29,
1994, and
other application
materials.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Planning Board hereby grants
the proposed subdivision of Town of I
5.33 +/- acres, into 14 parcels, as
entitled "Final Subdivision Plat -
Lawrence P. Fabbroni, Surveyor, and
revised April 12, 1994, and June 2!
following.
Final Subdivision Approval for
thaca Tax Parcel No. 73- 1 -7.21
shown on the subdivision plat
Sanctuary Woods," prepared by
dated January 21, 1994, and
if 1994, conditioned upon the
a. Easements for the temporary walkway and temporary cul -de -sac
shall be in a form acceptable to the Town Attorney and shall be
approved by the Town Attorney prior to signing of the final plat
by the Planning Board Chairman.
b. A permanent park and recreation dedication of ten percent (0.53
acre) for this parcel shall be included in the park dedication
when the remainder of lands owned by Rocco Lucente (Tax Parcel
No. 73- 1 -8.2) are subdivided, as determined by the Planning
Board.
•
Planning Board
35
September 6, 1994
c. Execution of a consent by Rocco Lucente prior to signing of the
final plat by the Planning Board Chairman, in recordable form,
implementing paragraph be above by which he agrees that a
portion (0.53 acre) of his remaining land, Tax Parcel No. 73 -1-
8.2, will be added to the usual park set aside when said land is
subdivided.
d. The portion of the parcel labelled "to be added to Patricia
Lucente lot" shall be consolidated with Town of Ithaca Tax
Parcel No. 73 -1 -6.
e. Delivery of deeds from (i) Rocco Lucente, for the portion of the
subdivision that lies on lands currently owned by Rocco Lucente,
and (ii) Mrs. Margaret Hughes, for the remaining property in the
subdivision, and approval of these deeds by the Town Attorney
prior to signing of the final plat by the Planning Board
Chairman.
f. The temporary easements referred to above shall remain in effect
until such time as there is a future subdivision of Tax Parcel
No. 73 -1 -8.2 and an alternative park and recreation dedication
is made acceptable to the Town of Ithaca Planning Board and Town
Board.
g. Submission to and approval by the Town Engineer of an original
and (4) copies of the final subdivision plat suitable for
recording in the Tompkins County Clerk's office, to be revised
to show (i) highway centerlines for the existing Sapsucker Woods
Road and the proposed Sanctuary Drive; and (ii) building
envelopes for each building lot, based on the minimum yard
setbacks required in the R -15 District as enumerated in the Town
of Ithaca Zoning Ordinance.
h. Submission of a tax
County Division of
may be appropriate
taxes or special
subdivided, prior
Planning Board Cha:
and assessment certificate from the Tompkins
Budget and Finance, or other department as
indicating that there are no outstanding
assessments due on the property to be
to the signing of the final plat by the
Orman.
i. Submission of a mortgagor's certificate, signed and sealed by
the mortgagor's), if any, to the effect that he consents to the
plat and the dedications and /or restrictions shown on or
referred to on the plat, prior to signing of the final plat by
the Planning Board Chairman.
j. Submission of an owner's certificate, signed by the owner's), to
the effect that he (they) owns the land, that he has caused the
land to be surveyed and divided, and that he makes the
dedications indicated on the plat.
1
Planning Board
36
September 6, 1994
k. Completion of the road and other public improvements and
acceptance of all proposed dedications by the Town Board
including sewer easements, water easements and roads, all as
shown on the plat.
1. Receipt of two copies of the approval by the Tompkins County
Department of Health of the proposed public water and sewer
facilities.
m. Receipt of appropriate title documentation including title
abstract and deed conveying marketable title to all improvements
to the Town.
n. Execution of an agreement in form acceptable to the Town
Attorney whereby the developer agrees to pay all real estate
taxes applicable to the properties being conveyed to the Town
until the same are classified as exempt properties for real
estate taxation purposes.
o. Items k
- n above
to be accomplished
before issuance of any
building
permits,
unless this
requirement is subsequently
modified
by the Planning
Board or
the Town Board.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bell, Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson
Kenerson
declared the matter of
the Final
Subdivision
Approval
for the
Sanctuary
Woods Subdivision
duly
closed
at
11:46 p.m.
OTHER BUSINESS
Chairperson Kenerson stated that there was no other business to come
before the Board.
ADJOURNMENT
Upon
meeting of
9/12/94.
Motion, Chairperson Kenerson declared the September 6, 1994
the Town of Ithaca Planning Board duly adjourned at 11:49 p.m.
Respectfully Submitted,
StarrRae Hays,
Recording Secretary,
Town of Ithaca Planning Board.
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530-x! Conditions of Sub - division Approval
1. That lot number one (1) on the sub-division plat will not
be conveyed by Eleanor Foote except with a right of way
` over the area shown as a proposed Town of Dryden road
�o on a map entitled Sub- division Plat Peregrine Hollow.
n
2. The Town of Ithaca will not issue a building permit on
G parcel one (1) unless and until the owners of that parcel
have dedicated out of parcel number one (1) all the land
north of the northern portion of a proposed road called
Blue Heron Road oo a map entitled Sub..division Plat Peregrine
Hollow which is adjacent to the lands owned by the Town
Of Ithaca and called Eastern Heights ParL Because the location of Blue Heron Road could change when the final
,Y drawing are prepared for the Town of Ithaca the acreage
shall be between L51 acres and 2.26 acres.
/ /o'
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REMaiiMCR OF 005 (6'61/365)
of o'kvNoR Foy? K
/k 7OWN OF DR
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SUMVISiON p1,47-
C4JE MOR F007-' 4194(40S
Exhibit #1 9/6/94 Minutes (pB)
7ill i M�
DRAFT RESOLUTION, Proposed Two -Lot Subdivision, Eleanor Foote
Property, 1598 Slaterville Road
Preliminary Subdivision Approval
Planning Board, September 6, 1994
WHEREAS.
1. This action is the Consideration of Preliminary Subdivision Approval for the proposed
subdivision of Town of Ithaca Tax Parcel No. 56- 344.2, 20001 +/- acres total area,
into two lots, 11.35 +/- and 8.65 + /- acres 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, and
2. The Planning Board, at a Public Hearing held on September 6, 1994, has reviewed and
accepted as adequate a Short Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town planning staff, a map entitled "Subdivision
Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York"
prepared by Lawrence P. Fabbroni, P.E., L.S., and dated May 19, 1994 and revised
August 22, 1994, and other application materials, and
3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as
Lead Agency in environmental review with respect to Subdivision Approval, has, on
September 6, 1994, made a negative determination of environmental significance.
NOW, THEREFORE, BE IT RESOLVED.
10 That the Town of Ithaca Planning Board hereby waives certain requirements for Final
Subdivision Approval, as shown on the Preliminary 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 Town of Ithaca Planning Board hereby grants Preliminary Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56 -3 -14.2,
20.01 acres + / -, into two lots, 11.35 +/- and 8.65 +/- acres in size respectively, located
on the north side of Slaterville Road, as shown on a map entitled "Subdivision Plat,
Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York,"
prepared by Lawrence Fabbroni, P.E., L.S., and dated May 19, 1994 and revised
August 22, 1994, subject to the following conditions:
a. The final subdivision plat shall be revised to show a specific area to be
reserved for park or recreation purposes, totalling 2.0 acres + / -, adjoining the
Town of Ithaca Eastern Heights Park, for possible future dedication to the
Exhibit #2
9/6/94 PB Minutes
P0
7ill i M�
DRAFT RESOLUTION, Proposed Two -Lot Subdivision, Eleanor Foote
Property, 1598 Slaterville Road
Preliminary Subdivision Approval
Planning Board, September 6, 1994
WHEREAS.
1. This action is the Consideration of Preliminary Subdivision Approval for the proposed
subdivision of Town of Ithaca Tax Parcel No. 56- 344.2, 20001 +/- acres total area,
into two lots, 11.35 +/- and 8.65 + /- acres 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, and
2. The Planning Board, at a Public Hearing held on September 6, 1994, has reviewed and
accepted as adequate a Short Environmental Assessment Form Part I prepared by the
applicant, a Part II prepared by the Town planning staff, a map entitled "Subdivision
Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York"
prepared by Lawrence P. Fabbroni, P.E., L.S., and dated May 19, 1994 and revised
August 22, 1994, and other application materials, and
3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as
Lead Agency in environmental review with respect to Subdivision Approval, has, on
September 6, 1994, made a negative determination of environmental significance.
NOW, THEREFORE, BE IT RESOLVED.
10 That the Town of Ithaca Planning Board hereby waives certain requirements for Final
Subdivision Approval, as shown on the Preliminary 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 Town of Ithaca Planning Board hereby grants Preliminary Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56 -3 -14.2,
20.01 acres + / -, into two lots, 11.35 +/- and 8.65 +/- acres in size respectively, located
on the north side of Slaterville Road, as shown on a map entitled "Subdivision Plat,
Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York,"
prepared by Lawrence Fabbroni, P.E., L.S., and dated May 19, 1994 and revised
August 22, 1994, subject to the following conditions:
a. The final subdivision plat shall be revised to show a specific area to be
reserved for park or recreation purposes, totalling 2.0 acres + / -, adjoining the
Town of Ithaca Eastern Heights Park, for possible future dedication to the
Exhibit #2
9/6/94 PB Minutes
DRAFT
Town of Ithaca. It is understood by the Town of Ithaca Planning Board that at
the time of future subdivision of Lot 1, the specific boundaries of this park
reservation area may be requested to be modified by the applicant, pending
final alignment of the proposed road that would serve said future subdivision.
b. Lot 1 shall not be conveyed or transferred, subsequent to its sale to Mr. Ralph
Varn, until and unless frontage on and access to an approved public road is
provided (presumably by extending the Peregrine Hollow road as a loop
through Lot 1). If such road frontage and access is not provided within _
years from the date of this subdivision approval, said subdivision approval shall
be terminated and void, and Lot 1 shall revert back to Mrs. Eleanor Foote.
This restriction shall be shown on both the final plat and in the recorded deeds
for both Lots 1 and 21
C* A variance for lack of frontage on an approved public road shall be obtained
for Lot 1 from the Board of Zoning Appeals prior to the granting of Final
Subdivision Approval by the Planning Board.
d. Detailed drainage and erosion and sediment control plans shall be prepared and
provided to the Town of Ithaca Planning Board prior to any future
subdivision approvals of either Lot 1 or 2, where additional lots are proposed.
( e.• The Planning Board should determine whether easements for future through
access roads should be shown on the final plat, in which case this should be
added as a condition. At the July meeting, it was suggested that at least two
possible easements could be shown, one at each end of the loop road, as well
as a possible third easement through the south Foote parcel. )
(Fdename:DEVREVS\IMINORS\FOOTV ARN.RES)
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