HomeMy WebLinkAboutPB Minutes 1994-09-20N F MAL
TOWN OF ITHACA PLANNING BOARD
SEPTEMBER 20, 1994
FILED
TOWN •
..; i
The Town of Ithaca Planning Board met in regular session on Tuesday,
September 20, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New
York at 7:30 p.m.
PRESENT: Chairperson Robert Kenerson, George Bayer, Gregory Bell, James
Ainslie, Eva Hoffmann, Stephen Smith, Jonathan Kanter (Town
Planner), George Frantz (Assistant Town Planner), JoAnn
Cornish -Epps (Planner II), Daniel Walker (Town Engineer), John
Barney (Town Attorney).
ALSO PRESENT. Richard Baker,
Ralph Varn,
Larry Fabbroni, G.D.
Blanpied,
Jamie Baker,
Jagat Sharma,
Om Gupta, Catherine
Valentino.
Chairperson Kenerson declared the meeting duly opened at 7:32 p.m.
and accepted for the record the Secretary's Affidavit of Posting and
Publication of the Notice of Public Hearing in Town Hall and the Ithaca
Journal on September 12, 1994 and September 14, 1994, respectively,
together with the Secretary's Affidavit of Service by Mail of said Notice
upon the various neighbors of the property under discussion, as
appropriate, upon the Clerks of the Town Ithaca and the Town of Dryden,
upon the Tompkins County Commissioner of Planning, upon the Tompkins
County Commissioner of Public Works, and upon the applicants and /or
agents, as appropriate, on September 15, 19940
Chairperson Kenerson read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State, Office
of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
There were no persons present
closed this segment of the meeting.
AGENDA ITEM: APPROVAL OF MINUTES -
to be heard. Chairperson Kenerson
September 6, 19946
MOTION by George Bayer, seconded by Eva Hoffmann.
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of September 6, 1994, be and hereby are approve with the
following corrections:
On Page 16, Paragraph 3, Sentence 2, read: Mr. Varn stated that the
open space would be a minimum of 1.15 acres and up to 2.26 acres
depending on the grade of the road.
This was corrected to read: 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.
Planning Board Minutes
P
September 20, 1994
On Page 17, Paragraph 3, Sentence 4, read: Ms. Cornell stated that
she has serious concerns about having the only access to the subdivision
going to Slaterville Road.
This was corrected to read: Ms. Cornell stated that she has serious
concerns about having the only access to the subdivision going to Snyder
Hill Road.
On Page 19, Last Paragraph, read: Mr. Varn responded that he had
received preliminary approval of the map presented to the Town of Ithaca
Planning Board.
This was corrected to read: Mr. Varn responded that he had received
preliminary approval of the map presented to the Town of Dryden Planning
Board.
On Page 21, Paragraph 10, read: Mr. Varn stated that he was buying
Lot #2 and putting it into the larger parcel on the Dryden side.
This was corrected to read: Mr. Varn stated that he was buying Lot
#1 and putting it into the larger parcel on the Dryden side.
Ms. Hoffmann stated that she was listed as a Nay vote on Page 28,
and stated that she wanted it to be recorded that she voted Aye.
This was corrected to show Ms. Hoffmann voted Aye.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bayer, Bell, Hoffmann, Ainslie, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
AGENDA ITEM: CONTINUE CONSIDERATION (TABLED FROM SEPTEMBER
PLANNING BOARD MEETING) OF PRELIMINARY SUBDIVISION APPROVAL
6, 1994
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
RESPECTIVELY, LOCATED ON THE NORTH SIDE OF SLATERVILLE ROAD BETWEEN
ROAD AND THE TOWN OF ITHACA /TOWN OF DRYDEN LINE, RESIDENCE DISTRICT
ELEANOR FOOTE, OWNER, RALPH VARN, APPLICANT.
-
SIZE
BURNS
R -15.
Chairperson Kenerson declared the above -noted matter duly opened at
7:38 p.m.
Town Planner Jonathan Kanter stated that the subdivision plat was
revised as the Planning Board requested, which showed the proposed access
to Snyder Hill Road. (Subdivision Plat attached hereto as Exhibit #1)
Board Member Eva Hoffmann stated that the figures for the amount of
open space differed from the conditions listed on the map and the
conditions listed on the blown up page of those same conditions and asked
which figures were correct.
Planning Board Minutes
3
September 20, 1994
Ralph Varn stated that the numbers listed on the map showed the
correct amount of acreage to be dedicated for open space dedication. Mr.
Varn stated that the correct numbers were 1.20 and 1.79 acres were the
correct numbers.
Larry Fabbroni
addressed
the Board
and stated that the calculation
of
the Eastern
the
acreage was
members should change the
figured
incorrectly
in the beginning.
Ms. Hoffmann stated that the numbers in all correspondence was
incorrect.
Mr. Varn stated that
the intention
was that
all of the land north of
the road be connected to
the Eastern
Heights
Park and that the Board
members should change the
acreage from
1.51 to
1.20.
Town Engineer Daniel Walker stated that there was some latitude
allowed due to the unknown location of the road. Mr. Walker stated that
if the Board considers what the amount of land should be for the 10% set
aside, it should be 2 acres for this parcel. Town Engineer asked if it
was the Board's wish to allow less than 10% to be set aside for the park.
Chairperson Kenerson stated that the Planning Board could do that if
they wanted to.
Town Planner Jonathan Kanter stated that the Board may want to be
sure that they have received everything that they had requested from Mr.
Varn at the Meeting held on September 6, 19940
Board Member Eva Hoffmann addressed the Board and stated that she
was not entirely comfortable about doing this without considering the
connection with the rest of the development in Dryden and she would like
to make sure that even if it was approved this way that it does not mean
necessarily, that she will look very positively toward any future
subdivision plans for this parcel unless some of the other things that
the Planning Board had discussed before (drainage, access to both Snyder
Hill Road and Slaterville Road, the problem with the very long road from
Snyder Hill Road accessing this parcel and so on) that she will
necessarily look positively on such a subdivision unless some of those
problems are taken care of.
Chairperson Kenerson asked if the resolution as proposed was enough
protection or if Ms. Hoffmann felt that the resolution needed to be
changed. (Suggested Resolution prepared by Town Attorney John Barney is
attached hereto as Exhibit #2)
Planning Board Minutes 4 September 20, 1994
Ms. Hoffmann
stated that the resolution did not include
any
of those
concerns that were important to her, and that the resolution
just
made
sure that nothing
can happen there until there is access.
Ms.
Hoffmann
stated that the resolution does not make sure that there
are
not any
negative impacts
from the Town of Dryden development onto
the
Town of
Ithaca
residents
and properties.
Chairperson Kenerson stated that the Board needed to keep in mind
that at this stage, Preliminary, the Board is looking at the creation of
one new lot and that his concern was that the lot should not become land-
locked.
Board Member Stephen Smith stated that he felt that it would set a
bad precedent by creating a lot that would require over 2,000 feet to get
to. Mr. Smith stated that he did not think that would require a variance
because the road is not within the Town of Ithaca.
Town
Attorney John Barney
stated that
this piece of' land is within
the Town
of Ithaca and that
the Planning
Board has the right to be
concerned
about how people get
to the piece
of land.
Board Member Stephen Smith stated that he thought that the Planning
Board should just wait on the Subdivision until there are roads nearer to
the parcel that is in Ithaca, and then consider subdivision. Mr. Smith
stated that he thought it was too immature to be dividing this parcel of
land off with three or four pages of conditions.
Chairperson Kenerson asked if Mr. Smith felt that the provisions in
the suggested resolution protected the Town of Ithaca until the
conditions were met.
Mr. Smith stated that it may and it may not. Mr. Smith stated that
he wanted to wait until there is a need for the parcel. Mr. Smith stated
that he was not sure what the Town of Ithaca would benefit from going
through this process with all of the conditions placed on it.
Town Attorney John Barney stated
that
he
did not feel that the
measure has ever been what
is the
benefit
to
the
Town.
Mr. Smith stated that the number of constraints and conditions
placed on the subdivision which seems unnecessary when in reality, and he
did not see an overwhelming need to get that parcel subdivided and built
upon. Mr. Smith stated that it has adequate access to Route 79 if the
current owner wanted to develop it. Mr. Smith stated that if there was
a road in the Town of Dryden nearby so that they would only be going a
few hundred feet to get to, that would be a different story, but so far
everything is up in the air.
Planning Board Minutes
September 20, 1994
Attorney Barney asked if someone walked in the door and said that a
piece of land needs to be subdivided and is part of a piece of land in
Dryden with road frontage, would the Planning Board legally be able to
deny them a building permit to build on that property. Mr. Barney stated
that he would have to check to see if the Board could prohibit a building
permit. Attorney Barney stated that in order for Mr. Varn to get the
piece of land he needs in Dryden, Mrs. Foote told Mr. Varn that as part
of the deal he would have to buy the land in the Town of Ithaca as well
or there would be no deal.
Mr. Varn stated that he would run a sewer down to the gravity feed
sewer on Route 79, so this parcel is an integral part of the whole
project. Mr. Varn stated that there was some land in Dryden that he had
purchased from Mrs. Foote and because her land above her home is
basically landlocked, she asked that Mr. Varn by that portion of her land
at the same time. Mr. Varn stated that in order to make everything work,
he agreed to that. Mr. Varn stated that he had come to the Board to get
subdivision of her land because in order for her to sell us that portion
of land that is within the Town of Ithaca, it has to be subdivided first.
Mr. Varn stated that he told her that he would do that for her because
they are elderly and do not want to get involved in actually doing this
subdivision themselves.
Chairperson Kenerson stated that the Board was concerned with the
use of the property.
Board Member James Ainslie stated that he was not unhappy with the
way the subdivision was set up.
Mr. Varn stated that he was basically saying that he would not do
anything with that parcel further than just this subdivision until he
comes in to the Town of Ithaca and ask for Subdivision Approval and go
through the entire subdivision approval process at which point the Board
could talk about drainage and where the road is. Mr. Varn stated that
hopefully by then, there would be a road down in that area, and that
there would be discussion about a secondary access way. Mr. Varn stated
that based on the economy, he did not see the future subdivision
happening in five years. Mr. Varn stated that he felt that he had given
enough safeguard that nothing would be done on this land until it returns
to the Planning Board. Mr. Varn stated that he had stated that he would
not even do one house.
Town Planner Jonathan Kanter stated that the three things that the
Planning Board asked for at the Meeting held on September 6, 1994 were to
have a revised resolution drawn up by the Town Attorney, which has been
done, and to have some corrections done on the plat and conditions on the
plat reworded, and to have the access easement shown, which was done.
Mr. Kanter stated that all of the requests made by the Board were
completed by Mr. Varn.
Planning Board Minutes 6 September 20, 1994
Board Member Gregory Bell stated that he was not comfortable with
the long range unless there is another access, but that he felt that Mr.
Varn was stuck unless the subdivision was approved at this stage. Mr.
Bell stated that the Town of Ithaca was not necessarily stuck with the
road plan that was shown on the subdivision plat. Mr. Bell stated that
he is reluctantly willing to go along with the revisions that were asked
for the last time. Mr. Bell stated that there were concerns that were
still present.
Board Member Eva Hoffmann stated that the proposal that the Board
would be voting on tonight does not protect the Town of Ithaca in the
sense that nothing can be done there until they come in. Ms. Hoffmann
stated that she wanted to make sure that Mr. Varn, Mr. Fabbroni, and
everyone on the Board understands that she had a lot of concerns about
how that land might be subdivided and developed. Ms. Hoffmann stated
that she was not sure that she would want to have that happen unless some
of the things discussed happened first, such as access road to
Slaterville Road and making sure that the Town staff is absolutely sure
that there would not be any adverse drainage situations created for the
Town of Ithaca residents.
Chairperson Kenerson stated that those concerns are normally
addressed during the Site Plan review stage.
Mr. Varn stated that he did not see the need for condition (c) in
the proposed resolution. Condition (c) refers to the parcel reverting
back to Mrs. Foote if the conditions are not met within 5 years. Mr.
Varn stated that he did not want that condition in the resolution because
he did not want to pay a lot of money for the land to have it revert back
to anyone in the future because a roadway may not be constructed within
that five year period.
Town Attorney John Barney stated that the concern and reason for
condition (c) is that there is a subdivision made of a lot that is a
landlocked lot in the Town of Ithaca, which is being made with the
expectation that access will be provided in the foreseeable future by a
road across the property in Dryden. The purpose of this provision is
basically saying that if that access does not happen, the subdivision was
granted on terms that have not been fulfilled, and therefore because of
that lack of fulfillment it ought to go back to an unsubdivided state.
Attorney Barney stated that there is a question of whether or not the
Planning Board could legally do it, but that it could be enforced if it
were to be included as a condition in the deed. Attorney Barney stated
that he felt that it was clearly legally enforceable by the Foote's or
the Foote's successor of interest, but whether it is totally enforceable
by the Town, he was not sure.
Planning Board Minutes 7 September 20, 1994
Larry Fabbroni stated, "In understanding what you're (The Planning
Board) trying to accomplish by that clause, suppose that piece was
always, no matter what was subdivided in the Town of Dryden, attached to
the contiguous parcel in the Town of Dryden, wouldn't it really keep in
force what you have written in here to begin with, that it be attached to
the whole contiguous parcel. It never gets left by itself.
Mr. Varn stated that he had already agreed to make it part of the
Peregrine Partners' parcel and cannot be sold separately at any time
until the road access is provided, at which point someone else can buy it
and come before the Planning Board for subdivision approval.
Chairperson
Kenerson stated that if the deeds are
adjoined,
it would
take
it out of being
a separate individual lot within
the
Town of
Ithaca.
Mr. Varn asked if condition (d) regarding the variance was something
he needed to do now or if that would be needed at final subdivision
approval.
Town Attorney John Barney stated that the Zoning Board of Appeals
would need to review for a variance because Mr. Varn was looking to get
a lot that had no road frontage, and under the Town Law, no building
permits could be issued under the absence of road frontage unless you
have an access provided. Attorney Barney stated that the Board would be
violating the Zoning Ordinance with regard to the road frontage, side
yard requirements, and setback requirements.
Town Planner Jonathan Kanter stated that he wanted to suggest to the
Board that they do not want to approve a lot that does not conform to the
Zoning requirements. Mr. Kanter asked the Planning Board if they wanted
to approve a lot without it first going to the Zoning Board of Appeals.
Board Member Eva
Hoffmann asked
about condition
(e)
on page 2
of
the
suggested
resolution,
which
refers
to
additional
lots
proposed
on
Lot
#2.
Town Attorney John Barney responded and stated that it is possible
to subdivide Lot #2, and the before any further subdivision of either Lot
#1 or Lot #2, the Town review drainage and erosion control plans.
Board Member Stephen Smith stated that he was concerned about the
2,000 foot cul -de -sac to this parcel, and would not want to be in a
position in the future that would require the approval of a subdivision,
because one single building on that lot would not be feasible.
Catherine Valentino addressed the Board and stated that she had
spoke with a few of the people in Eastern Heights along Snyder Hill and
read some past minutes, most people are concerned with the access point
a little lower on Park Lane. Ms. Valentino stated that it would be a
shame for people to have land that they would like to develop and have it
be landlocked with the only access to it 2,000 feet up Snyder Hill Road.
Planning Board Minutes 8 September 20, 1994
Ms. Valentino stated that there must be other alternatives that could be
explored. Ms. Valentino stated that most people that she spoke with felt
that it would be better for the Town of Ithaca residents if there was a
way to get more of the traffic to Slaterville Road instead of all of it
flowing to Snyder Hill Road. Ms. Valentino stated that the Town should
accept the 10% park set aside, even if used as a buffer between Eastern
Heights Park and the development. Ms. Valentino concluded that having
another road connect into the Eastern Heights subdivision is not received
with joy.
Chairperson Kenerson stated that additional access would be
available for an option.
Ms. Valentino stated that the map should show a cut for a proposed
road.
Town Attorney John Barney stated that the Planning Board could add
an additional condition to the suggested resolution which would be some
general language of intent, to show that to the extent feasible, there
would be explorations of providing access for this property westward
toward Park Lane and southward.
Chairperson Kenerson asked Mr. Varn if the condition mentioned above
would be acceptable to him. Mr. Varn nodded affirmatively.
Board Member
Stephen
Smith asked if
the five year reversion would be
left in condition
(c) of
the
suggested
resolution.
Chairperson Kenerson stated that the Planning Board could review the
project every five years.
Town Attorney John Barney stated that the Planning Board could
decide to delete the provision or they could extend the time period.
Attorney Barney stated that he had not seen a provision like this before.
Attorney Barney stated that he felt that if the restriction were in the
deed, there would be the right to enforce the reversion would be with
Mrs. Foote or her successor of interests.
Assistant Town Planner George Frantz stated that his interpretation
of that condition is simply that the Planning Board wanted Mr. Varn to
build a road from Snyder Hill Road to the parcel within the next five
years.
Attorney John Barney stated that the purpose of putting the
condition in the resolution would be to provide an impetus to have some
kind of access to that lot, not necessarily access to Snyder Hill Road.
Mr. Varn stated that five years was just too soon, and that he would
not be willing to give the land back if unable to construct a road within
the next five years.
Planning Board Minutes 9 September 20, 1994
Board Member Stephen Smith stated that if the
the creation of a landlocked parcel then the time
left out, and tie this parcel into the adjoining
Dryden.
Board were to approve
limitation should be
parcel in the Town of
The Board discussed and revised condition (c) of the suggested
resolution, and decided to remove the sentence requiring the five year
limitation or reversion of the property back to the Eleanor Foote.
Town Planner Jonathan Kanter stated that condition (b) which deals
with park land set aside requirement, the figures for the number of acres
should be consistent with the map and other correspondence, and condition
(b) suggests a map showing the specific area in which open space would be
reserved.
Board Member Eva Hoffmann stated that the 1.20 acres for open space
dedication is less than the 10% normally required. Ms. Hoffmann stated
that she thought the Board should discuss that.
Town Engineer Daniel Walker stated that the Board could take the 10%
from lot #1 and that the 10% would not be exacted from Lot #2 at this
point, but would be required when further subdivision occurs. Mr. Walker
stated that the Board had options, but that they needed to make their
decisions clear.
Mr. Varn stated that his intentions were to dedicate all of the land
above the road so that the park had access from that road.
Ms. Hoffmann asked Mr. Varn if he considered that space as the park
land dedication for Lot #1 only.
Mr. Varn responded yes.
Town Engineer Daniel Walker stated that normally the set aside areas
for all of the park land would be delineated /identified on the plat prior
to the final for one section.
There appearing
to be no
further
discussion, Chairperson Kenerson
asked
if anyone were
prepared
to offer
a motion.
Assistant Town Planner George Frantz addressed the Board and stated
that he was troubled because in earlier discussions, the park land was to
be the land north of the road, but all of the land north of the road was
1.51 to 2.26 acres. Mr. Frantz stated that now, all of the land north of
the road is smaller than what was suggested in earlier discussions. Mr.
Frantz stated that his recommendations from early on was to attach up to
2 acres of land to Eastern Heights Park to serve as a buffer for the
park. Mr. Frantz stated that he had walked the land and did not see any
suitable areas in the area of Lot #2 for a public park. Mr. Frantz
stated that his recommendation would be to for the Planning Board to
Planning Board Minutes
W%
September 20, 1994
stick with +/ -2 acres to be attached to Eastern Heights Park, and if need
be, they could shift the road south when they come in with their future
subdivision with the actual lots on them.
Town Planner Jonathan Kanter stated that the wording on the map
would need to be revised as well.
Board Member Gregory Bell stated that if everything north of the
road was to be park, is the implication that the road goes all the way to
the western boundary and then takes an abrupt right angle turn. Mr. Bell
asked if that meant that 4 lots would be park.
Mr. Varn responded that 5 lots would be park, however he did not
want to be tied into an exact measurement because in order to get the
proposed road in, it may need to be moved up slightly. Mr. Varn stated
that this was part of the effort to deal with the park issue between the
Town of Dryden and the Town of Ithaca.
Board
Member Eva
Hoffmann
stated that based on the
statement made by
Mr. Frantz,
she felt
that the
amount of open space be
changed to
+/ -2 acres
set aside
in all
of
the necessary documents.
located on the north side of
Mr. Varn stated that he would agree to using the 1.51 acres to 2.26
acres for open space dedication.
There appearing to be no further discussion, Chairperson Kenerson
asked if anyone were prepared to offer a motion.
MOTION by George Bayer, seconded by James Ainslie.
WHEREAS:
1. This action is the 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 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 meeting held on September 20, 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 September 10, 1994, and other
application materials, and
Planning Board Minutes 11 September 20, 1994
39 This is an Unlisted Action for which the Town of Ithaca Planning
Board is legislatively determined to be Lead Agency in environmental
review with respect to subdivision approval, and
4. The Town planning staff has recommended a negative determination of
environmental significance with respect to the proposed action, as
proposed;
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the New
York State Environmental Quality Review Act for the above - referenced
action as proposed and, therefore, neither a Long Environmental
Assessment Form, nor an Environmental Impact Statement will be required.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bayer, Bell, Hoffmann, Ainslie, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Gregory Bell,
WHEREAS:
seconded by George Bayer:
1. This action is the 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 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
by the Town planning staff, a map
Eleanor Foote Lands, Town of Ithaca,
New York" prepared by Lawrence P. Fa]
May 19, 1994 and revised August 22,
materials, and
applicant, a Part II prepared
entitled "Subdivision Plat,
County of Tompkins, State of
)broni, P.E., L.S., and dated
1994, and other application
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, at a meeting on September 20, 1994, made
a negative determination of environmental significance.
Planning Board Minutes 12 September 20, 1994
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. Because the subdivision as requested creates a Lot without any
road frontage in the Town of Ithaca, Lot 1 shall be conveyed
only with the piece of land adjacent to Lot 1 in the Town of
Dryden shown on the subdivision map as "A portion of tax parcel
71 -1 -1.2 5.30 +/- Acres" to the same party (Peregrine Partners)
that recently acquired the property adjacent on the east from
Underwood, and Lot 1 and the other Foote lot (5.30 +/- Acres)
shall be consolidated with such Peregrine Partners property
which has frontage on Snyder Hill Road in the Town of Dryden
and Lot 1 shall not be subdivided from such other lands until
adequate public road access (as determined by the Town of
Ithaca Planning Board) is provided to Lot 1. For this purpose
public road access shall not be deemed "provided to Lot 1"
until such time as a road has been physically constructed to
Town of Dryden specifications (if in the Town of Dryden) or to
Town of Ithaca specifications (if in the Town of Ithaca) and
has been conveyed to and accepted by the applicable
municipality as a public road to be maintained as such by the
applicable municipality.
b. The final subdivision plat shall be revised to show a specific
area to be reserved for park or recreation purposes, totalling
not less than 1.51 acres but not more than 2.26 acres adjoining
the Town of Ithaca Eastern Heights Park, for possible future
dedication to the 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.
Planning Board Minutes 13 September 20, 1994
c. As stated above, Lot 1 shall not be
conveyed or
transferred,
directly
or indirectly, subsequent to
its transfer
to Peregrine
Partners,
until adequate public road access (as
the same is
defined
in subparagraph a. above) is
provided to
Lot 1. This
restriction,
in language approved by the attorney
for the Town,
shall be
shown both on the final plat
and in the recorded deeds
for both
Lots 1 and 2.
d. 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.
e. 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.
f. No building permit shall be issued for construction of any
structure on Lot 1 until adequate public road access (as
defined in subparagraph a. above) is provided to such lot.
g. Preparation and submission of a final subdivision map which
shows the proposed access to Snyder Hill Road across property
in the Town of Dryden on the map. The showing of such access
shall not be deemed the provision of "adequate public road
access" for the purposes of further subdivision or obtaining a
building permit as proscribed in this resolution, until such
access has been constructed and conveyed as set forth above in
subparagraph a.
3. The Town of Ithaca Planning Board may, upon application of the then
owner or owners of Lot 1 or Lot 2, modify the conditions set forth
above if adequate assurances, including, if appropriate, bonds or
letters of credit, are provided to assure that public road access
will be provided to Lot 1 upon terms acceptable to the Planning
Board and the Town Board of the Town of Ithaca.
4. The developer and Town staff should make reasonable effort to
explore the possibility of access to Lot #1 being provided by a road
or roads leading westward to Park Land and /or Slaterville Road.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bayer, Bell, Ainslie, Hoffmann.
Nay - Smith.
The MOTION was declared to be carried.
Planning Board Minutes 14 September 20, 1994
Chairperson Kenerson declared the matter of preliminary subdivision
approval for the Eleanor Foote /Ralph Varn two -lot Subdivision duly closed
at 8:44 p.m.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION
APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NOS.
32 -2 -4.2 AND 32- 2 -4.11 108.9 + /- ACRES TOTAL AREA, INTO TWO LOTS,
106.83 + /- AND 2.05 + /- ACRES IN SIZE RESPECTIVELY, LOCATED ON THE SOUTH
SIDE OF BOSTWICK ROAD, AG AGRICULTURAL DISTRICT. PHYLLIS AND JAMES
BAKER, ALICE AND RICHARD BAKER, OWNERS /APPLICANTS.
Chairperson Kenerson declared the Public Hearing in the above -noted
matter duly opened at 8:45 p.m. and read aloud from the Notice of Public
Hearings as posted and published and as noted above.
Chairperson Kenerson stated that there is a house on the lot
already, and that the Planning Board was being asked to subdivide this
parcel now because the subdivision was not an approved subdivision.
Chairperson Kenerson stated that an additional structure is permitted on
a lot in an Agricultural District.
Town Planner Jonathan Kanter stated that the Baker's had written a
letter requesting that the Planning Board waive the requirement for open
space dedication. (Said letter, dated August 31, 1994, is attached
hereto as Exhibit #3)
Board Member
James
Ainslie
stated that the Town needed to set a
dollar amount on land
in
lieu
of
park land dedication.
Board Member George Bayer asked if it were normal to waive the park
land dedication
Town Attorney John Barney stated that on a two -lot subdivision of
this nature, it was normal to waive the requirement.
Board Member Eva Hoffmann addressed the Board and stated that Open
Space and Park land have been discussed by the Conservation Board and
that park land and open space was not limited to only recreation park
land, but also woods and farmland, and that since this was a farm, it is
essentially the same as open space. Ms. Hoffmann stated that she did not
have any problem with waiving the requirement for open space dedication.
Chairperson Kenerson noted that
if anyone from the public wished to
Kenerson closed the Public Hearing
Board for discussion.
this was a Public Hearing and asked
speak. No one spoke. Chairperson
and brought the matter back to the
Planning Board Minutes 15 September 20, 1994
Assistant Town Planner George Frantz stated that there was a new
requirement in the SEQR resolution for actions that occur within in
County Agricultural District, and Item #4 in the SEQR fulfills the new
requirement, which were implemented this year.
Board Member Stephen Smith stated that there was a diversion ditch
that run down the lot line, and asked who was responsible to keep that
ditch clean.
Town Attorney John Barney asked Mr. Jamie Baker if there would be a
problem with putting a condition in the resolution that allowed the owner
of the larger parcel access to the ditch for maintenance purposes.
Jamie Baker stated that he did not have a problem with adding a
condition to the resolution regarding the maintenance of the diversion
ditch.
There appearing
to be no
further
discussion, Chairperson Kenerson
asked
if anyone were
prepared
to offer
a motion.
MOTION by Eva Hoffmann, seconded by Stephen Smith:
16 This action is Consideration of Preliminary and Final Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax Parcel
No. 32 -2 -4, 108.88 + /- acres total, into two lots, 106.83 + / -and
2.05 + /- acres respectively, located on the south side of Bostwick
Road, AG - Agricultural District. Phyllis and James Baker, Alice
and Richard Baker, 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 20, 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 "Final
Subdivision Plat, 2 -Lot Subdivision Baker Lands, Town of Ithaca,
County of Tompkins, State of New York," prepared by Lawrence P.
Fabbroni, L.S., P.E. and dated July 29, 1994, and other application
materials, and
4. The Planning Board, per the requirements of Article 25AA, Sect. 305 -
a of the Agriculture and Markets Law, has evaluated and considered,
in addition to other potential impacts, the potential impacts of the
proposed action upon the functioning of farm operations within the
surrounding County Agricultural District, and
Planning Board Minutes 16 September 20, 1994
5. The Town planning staff has recommended a negative determination of
environmental significance with respect to the proposed action, as
proposed,
NOW, THEREFORE, BE IT RESOLVED:
That the Town of Ithaca Planning Board hereby makes a negative
determination of environmental significance in accordance with the New
York State Environmental Quality Review Act for the above referenced
action as proposed and, therefore, neither a Long Environmental
Assessment Form, nor an Environmental Impact Statement will be required.
Aye - Kenerson, Bayer, Bell, Ainslie, Hoffmann, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
MOTION by Stephen Smith,
).r
seconded by Gregory Bell:
16 This action. is Consideration of Preliminary and Final Subdivision
Approval for the proposed subdivision of Town of Ithaca Tax Parcel
No. 32 -2 -4, 108.88 +/- acres total, into two lots, 106.83 + /- and
2.05 + /- acres respectively, located on the south side of Bostwick
Road, AG - Agricultural District. Phyllis and James Baker, and
Alice and Richard Baker, Owners /Applicants.
2. The Planning Board, at a Public Hearing held on September 20, 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 "Final
Subdivision Plat, 2 -Lot Subdivision Baker Lands, Town of Ithaca,
County of Tompkins, State of New York," prepared by Lawrence P.
Fabbroni, L.S., P.E. and dated July 29, 1994, and other application
materials, and
39 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 20, 1994, made a negative
determination of environmental significance.
NOW, THEREFORE, BE IT RESOLVED.
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary and Final Subdivision Approval, as
shown on the Preliminary and Final Subdivision Checklist, having
determined from the materials presented that such waiver will result
I
n neither a significant alteration of the purpose of subdivision
Planning Board Minutes 17 September 20, 1994
control
nor the
policies
enunciated or
implied by the
Town Board and
further
waives
the
requirement of any
recreational land
set - aside.
29 That the Planning Board hereby grants Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of Ithaca
Tax Parcel No. 32 -2 -4, 108.88 +/- acres total, into two lots,
106.83 + /- and 2.05 + /- acres respectively, located on the south side
of Bostwick Road, AG - Agricultural District, subject to the
following conditions:
a. 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.
b. Any deed conveying the 2.05 acre lot shall contain an agreement
for the benefit of the owners of the remaining lands of J.R.,
D.M. and Alice J. Baker to maintain the portion of the
diversion ditch and related banks located or the 2.05 acre
parcel.
There being no further discussion, the Chair called for a vote.
Aye - Kenerson, Bayer, Bell, Ainslie, Hoffmann, Smith.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Kenerson declared
Subdivision Approval for James and
the
matter of Preliminary
and
Final
Phyllis
Baker duly closed at
9:01
p.m.
AGENDA ITEM: CONSIDERATION OF SKETCH PLAN FOR THE PROPOSED SOUTH HILL
RETAIL /INDUSTRIAL COMPLEX SITE PLAN, TO CONSIST OF 321500 + /- SQUARE FEET
OF RETAIL /OFFICE /INDUSTRIAL USE IN FOUR NEW BUILDINGS AND 51000 + /- SQUARE
FEET OF OFFICE /INDUSTRIAL USE IN AN EXISTING BUILDING TO BE RENOVATED,
WITH ASSOCIATED PARKING AND LANDSCAPING IMPROVEMENTS, TOWN OF ITHACA TAX
PARCEL NO. 40 -3 -9, 3.6 +/- ACRES TOTAL, LOCATED AT 930 DANBY ROAD,
INDUSTRIAL PRODUCTS DISTRICT I. OVERVIEW OF ITHACA, INC., OWNER;
DIGICOMP RESEARCH, APPLICANT.
Chairperson Kenerson declared the above -noted matter duly opened at
9:03 p.m.
Jagat
and stated
with use o
A would be
aside for
Sharma, the architect for
that they were proposing t
f the one building which is
renovated and a proposed 8
future parking as shown on
this project, addressed the Board
ie construction of 5 new buildings,
a pre- existing building. Building
T space parking lot, with space set
the proposed plan.
Planning Board Minutes 18 September 20, 1994
Jagat Sharma stated that there were two drawings submitted to the
Planning Board for review. One was a plan that was approved by the
Planning Board for John Novarr, and renovation of the existing building
and construction of 5 new buildings, and parking for 87 cars and future
parking spaces (50) located in the back of the buildings.
Chairperson Kenerson asked if the plan that was approved in 1992 was
a preliminary or final subdivision approval.
Assistant Town Planner responded that the plan had received Final
Site Plan Approval in June 1992.
Mr. Sharma showed photos of the site to the Planning Board members.
Mr. Sharma stated that there would be no obstruction of the view because
they would be developed into the ground to give the appearance of a level
development even though there are one and two story buildings proposed
within the development. Building B, C, and E would be two -story
buildings. The existing building would remain single story. By using
the two -story buildings, the total area would go from 25,000 square feet
to 37,500 square feet total for the whole complex. Mr. Sharma stated
that on the sketch plan map a breakdown of the square footage to be used
for each proposed use within the 37,500 square feet of space. Mr. Sharma
stated that this complex would use the same entrance on Danby Road and
exit from NCR.
Board Member James Ainslie asked if there were any concerns about
drainage.
Town Engineer Daniel Walker stated that there could be minimal
impact on the drainage shed.
Board
Member
Stephen
Smith
asked if someone would be entering the
buildings
on the first
or
second
floor.
Mr. Sharma stated that there would be entrances from the lower
levels and the upper levels.
Board Member Eva Hoffmann asked when standing in the central parking
area and look at the buildings that are two stories, it would appear to
be a one story building because the second story would be in the ground.
Ms. Hoffmann asked if the height of Building A would appear to be the
same as the height of Building F if looking at it from the parking area.
Mr. Sharma stated that Building A would appear slightly higher than
Building F.
Chairperson Kenerson asked if the height of the buildings would
comply with the 30 -foot limitation set by the Town.
Mr. Sharma stated that it would comply with the 30 -foot limitation.
Planning Board Minutes 19 September 20, 1994
Board Member George Bayer asked if the roofs would be slanted.
Mr. Sharma stated that the building would have sloping roofs.
Town Planner Jonathan Kanter stated that it would be good if Mr.
Sharma could draw up some building elevations and cross section drawings
to show the design appearance and the height relationships with the
buildings.
Board Member Stephen Smith stated that there were restrictions put
on the approval granted to John Novarr in 1992 regarding retail usage
which dealt with liquor, and asked if Mr. Sharma was aware of those
conditions.
Mr. Sharma stated
that he was aware
of
the
restrictions and that he
would comply with all
conditions placed
on
the
approval.
Board Member Eva Hoffmann, referring to handout given to the Board
members by Mr. Sharma, stated that they planned on moving into Building
A and start using that and then build Building E. Ms. Hoffmann asked why
they had chose those buildings and how they were going to build the
parking lot when they have just two buildings. (The handout provided by
Mr. Sharma is attached hereto as Exhibit #4)
Chairperson Kenerson stated that the parking lot would go in first
and then build around it.
Ms. Hoffmann asked if they would build the entire parking lot.
Mr. Sharma stated that they would build the lot up as they develop
more.
Om
Gupta
of Digicomp,
addressed
the Board
and stated that he would
provide
the Planning
Board
with more
detailed
plans.
Mr. Sharma stated that one of the conditions placed on the agreement
was that they could use the building on the condition that they put
additional access in upon construction of future buildings.
Town Attorney John Barney addressed the Board and stated that
Digicomp was a client in his office although he was not representing them
in connection to this application.
Assistant Town Planner
George
Frantz
asked if
the making of
electronic circuit card
assembly work
would
be
at this
location.
Mr. Sharma stated that they might make circuit cards at this
location.
Planning Board Minutes
MR
September 20, 1994
Mr. Frantz stated that making those cards involves the use of
hazardous chemicals.
Mr. Gupta stated that they would use very limited amounts of
chemicals.
MR. Frantz stated that they should submit a list of chemicals that
may be used as well as a short narrative of how they are used, how they
would be disposed of, and the approximate quantities needed when they
submit Site Plan materials for this project.
Town Attorney John Barney stated that this area was zoned
Industrial. In 1992, the Zoning Ordinance was amended to prohibit
certain uses in an Industrial District in addition to dwelling units,
including retail sales. Attorney Barney stated that this particular law
exempted its application to any applications pending for site plan
approval and Mr. Novarr's plan was one of the proposals in the
grandfather clause. Attorney Barney stated that if the modifications
were to come to the Planning Board to increase the retail use, then it
would need a variance, but if the modification was to increase the use of
the land in a manner that was permitted in an Industrial Zone for light
manufacturing or for office use, it would not need a variance, just a
site plan modification request before the Planning Board.
Town Planner Jonathan Kanter stated that Mr. Novarr's plan was
approved without showing specific mixes between retail and other office
type spaces there would be and presumably they could have built a
shopping center, which was basically what they were proposing with 25,000
square feet of retail space with some small amounts of office space. Mr.
Kanter stated that this plan has less retail space than the old plan
proposed.
Mr. Sharma asked what the next step would be.
Chairperson Kenerson stated that they would need to request
Preliminary and Final Site Plan Approval, which would require two public
hearings.
Town Planner Jonathan Kanter stated that
approximately 50 spaces for future parking i
which is a good concept to avoid excessive st
Mr. Kanter asked if there may be a way to
adjacent NCR to use some of their parking for
parking if that became necessary.
the plan proposes reserving
f needed to be determined,
irface coverage and paving.
get an agreement with the
shared parking as overflow
Mr. Gupta stated that there were not sure about who owned NCR.
Board Member Gregory Bell asked what type of retail would be
involved.
Planning
Board
Minutes
21
September
20,
1994
Mr.
Gupta
responded
that there would
not be many customers
on
site.
Chairperson Kenerson asked what kind and type of retail they would
like to rent to.
Mr. Gupta responded that it was unknown at this point.
Town Attorney John Barney stated that as part of the modified site
plan, the Planning Board would specify that no more than 15,000 square
feet of space would be dedicated to retail as a limitation. Attorney
Barney stated that there were no limitations on what retail could be
there. Attorney Barney stated that there were the restrictions on the
Site Plan Approval from 1992, and that they would need to be found.
Chairperson
Kenerson
asked
what percentage of the building coverage
would be on the
updated
3.6 acres
under
discussion.
Mr. Gupta responded, approximately 20 percent building coverage.
Attorney Barney stated that there needed to be consideration of
traffic flow generated.
Town
Planner
Jonathan
Kanter stated that the Planning Board would
ask for an
updated
traffic
study.
Mr. Gupta stated that there would only be 25 to 30 people coming in
the morning and leaving in the evening.
Town Attorney John Barney stated that for the plan before the Board
at this meeting, with the increase in density on the land, the mixture of
uses needed to be more clearly fixed on what it would be, retail vs.
office.
Board Member Gregory Bell stated that the statement given by Mr.
Sharma stated that the site would be partially owner occupied as opposed
to Novarr which was entirely for retail use.
Mr. Gupta stated that Digicomp would be using space.
Mr. Bell asked if the statement referred to residential owner
occupied.
Mr. Gupta responded, no.
Town Planner Jonathan Kanter asked if any loading docks would be
needed as part of the assembly uses.
Mr. Gupta responded that there would be UPS trucks, which would be
about the largest trucks there.
Planning Board Minutes 22 September 20, 1994
Board Member Stephen Smith stated that there was an existing loading
ramp on the existing Building A.
There
being
no
further discussion, Chairperson Kenerson
declared the
matter
of
sketch
1994
meeting
plan
review for Digicomp duly closed at 9:36
p.m.
AGENDA ITEM. OTHER BUSINESS.
Board Member Eva Hoffmann stated that at the last meeting regarding
the First Assembly of God Church, the Environmental Review Committee had
submitted a report with some points for consideration of the Planning
Board; which were not discussed. Ms. Hoffmann requested that whenever a
report or letter raises points about a matter before the Board, that the
Chair briefly review the reports or letters received.
Chairperson Kenerson stated that whoever is concerned or has issues
should raise them and let them be addressed.
ADJOURNMENT.
Upon
MOTION, Chairperson
Kenerson
declared
the
September
20,
1994
meeting
of
the
Town of
Ithaca
Planning
Board
duly
adjourned
at
9:48
p.m.
Respectfully, submitted,
"A
StarrRae Hays,
Recording Secretary,
Town of Ithaca Planning
9/27/94.
Board.
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DRAFT RESOLUTION. Proposed Two -Lot Subdivision, Eleanor Foote
Property, 1598 Slaterville Road
Preliminary Subdivision Approval
Planning Board, September 20, 1994
WHEREAS
10 This action is the 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 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:
1. 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. Because the subdivision as requested creates a Lot without any road
frontage in the Town of Ithaca, Lot 1 shall be conveyed only with
the piece of land adjacent to Lot 1 in the Town of Dryden shown on
the subdivision map as "A portion of tax parcel 71 -1 -1.2 5.30 +/M
Acres" to the same party (Peregrine Partners) that recently
acquired the property adjacent on the east from Underwood, and Lot
1 and the other Foote lot ( 5.30 +/- Acres) shall be consolidated with
such Peregrine Partners property which has frontage on Snyder Hill
Road in the Town of Dryden and Lot 1 shall not be subdivided from
�Kr1�b����
such other lands until adequate public road access (as determined
by the Town of Ithaca Planning Board) is provided to Lot 1. For
this purpose public road access shall not be deemed "provided to
Lot 1" until such time as a road has been physically constructed to
Town of Dryden specifications (if in the Town of Dryden) or to
Town of Ithaca specifications (if in the Town of Ithaca) and has
been conveyed to and accepted by the applicable municipality as a
public road to be maintained as such by the applicable municipality.
b. 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 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.
c. As stated above, Lot 1 shall not be conveyed or transferred,
directly or indirectly, subsequent to its transfer to Peregrine
Partners, until adequate public road access (as the same is defined
in subparagraph a. above) is provided to Lot 1. If such road
access is not provided within 5 years from the date of this
subdivision approval, said subdivision approval shall expire and be
void, and to the extent permitted by law, Lot 1 shall revert back
to Mrs. Eleanor Foote or her successors in ownership of the
property presently owned by Mrs. Foote shown as Lot 2 on said
subdivision map. This restriction, in language approved by the
attorney for the Town, shall be shown both on the final plat and in
the recorded deeds for both Lots 1 and 2.
d. 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.
e. 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.
f . No building permit shall be issued for construction of any structure
on Lot 1 until adequate public road access (as defined in
subparagraph a. above) is provided to such lot.
g. Preparation and submission of a final subdivision map which shows
the proposed access to Snyder Hill Road across property in the
Town of Dryden on the map. The showing of such access shall not
be deemed the provision of "adequate public road access" for the
purposes of further subdivision or obtaining a building permit as
proscribed in this resolution, until such access has been
constructed and conveyed as set forth above in subparagraph a.
3. The Town of Ithaca Planning Board may, upon application of the then
owner or owners of Lot 1 or Lot 2, modify the conditions set forth above
if adequate assurances, including, if appropriate, bonds or letters of
credit, are provided to assure that public road access will be provided to
Lot 1 upon terms acceptable to the Planning Board and the Town Board
of the Town of Ithaca.
SWEYOLAKAN FARMS
JAMES L BAKER AND PHYWS P. BAKER
380 BOSTWICK ROAD- ITHACA, NEW YORK 14850
(607) 272 -1750
August 31,
Town of Ithaca
Planning Board
126 East Seneca St.
Ithaca, NY 14850
Re: Baker Subdivision,
1994
Project No. 9312125
SEP - 1 1994
04ir l i F 14HACA
�tANt21N11 . 7( ^'I JG. NGINHRING
We hereby request that you waive the parkland requirement
of Article IV,
Section 21.
Very truly yours,
C. �,
Digicomp's Background
• Small Business involved in Government contracting
• Have been in business for 20 years
• Most of the current work is in software and computer system integration
• Have done light electronic circuit card assembly work in the past.
• Currently employ approximately 40 persons (21 in Ithaca, rest in Owego, Syracuse and Rome,
NY areas).
• Operating from 2 locations in Ithaca
• 710 West Clinton Street (6200 sq. ft.)
• Terrace Hill (2500 sq. ft.)
• The move to 930 Danby Road will help us consolidate our operations.
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Immediate
by
plan
one
is
the 5 new bui.l.dings
to
approved
renovate
parking
the e:istinq
plan.
use.
5t)(_)(_I
sq.
Tt.
building
and
move
a
par-'t
of
our
operations
therein.
Next we want to p(..(t an additional. bUJ.ldinq (appro:':imatel.y
1(}9 (:)O() sq. ft .) and consoI idate our operat ions.
WE s.hal.l essentially keep the same foot prints as in
I`cjva.rr' = plan.
Delete
by
the deleted
one
of
the 5 new bui.l.dings
as opposed to
approved
additional.
parking
in Novarr's
plan.
use.
Convert of the 5 Hera bl_.ril.dings in the approved plan to
- stone, bUildiny_s.
Sp=:kce left
by
the deleted
b!_(il.ding wi.l.l. be used for
owner
occupied
as opposed to
Ncivarr'
additional.
parking
if
necessary.
Sloping topogr-•aph.V will. be used to accomodate -tor /y.
building with minimal impact.
The site
will
be partly
owner
occupied
as opposed to
Ncivarr'
which
was entirely
for
retail
use.