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HomeMy WebLinkAboutPB Minutes 1995-09-05• • • TOWN OF ITHACA PLANNING BOARD SEPTEMBER 5, 1995 FILED TOWN OF ITHACA Date The Town of Ithaca Planning Board met in regular session on Tuesday, September 5, 1995, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Stephen Smith, Eva Hoffmann, James Ainslie, Herbert Finch, Robert Kenerson, Fred Wilcox, Gregory Bell, Jonathan Kanter (Town Planner), Daniel Walker (Town Engineer) , George Frantz (Assistant Town Planner) , JoAnn Cornish (Planner), John Barney (Town Attorney). ALSO PRESENT: Ryan Wilcox, Ron Scarofile, Ron & Bonnie Simpson, Bob Chiang, Scott Whitham, Chairperson Smith 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 28, 1995, and August 30, 1995, together with the Secretary's Affidavit of Service by Mail of said Notice upon the Clerks of the City of Ithaca and the Town of Ithaca, 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 August 31, 1995, Chairperson Smith 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 to be heard. Chairperson Smith closed this segment of the meeting. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 39 -1 -12.1, LOCATED AT 1048 DANBY ROAD, FOR THE PURPOSE OF CONSOLIDATION WITH TAX PARCEL NO, 39 -1 -12.2, LOCATED AT 1046 DANBY ROAD, RESIDENCE DISTRICT R -9. JANETTE MCCORD AND RON SCAROFILE, OWNERS /APPLICANTS. Chairperson Smith declared the above -noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Ron Scarofile and a small parcel of 1046 Danby Road, addressed the Board and stated that the lot was originally one lot and was subdivided into an "L" shaped parcel and a small parcel with the idea of putting a residence on the back part of the lot. Mr. Scarofile stated that putting the home on that part of the lot was not allowed because one of the neighbors felt that it would block his view of the lake. Mr. Scarofile stated that he wanted to even out the lots to make Planning Board Minutes 2 September 5, 1995 Approved September 19, 1995 them even. Chairperson Smith noted that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Smith closed the Public Hearing and brought the matter back to the Board for discussion. Town Planner Jonathan Kanter stated that the only thing that becomes non - conforming about Parcel No. 39 -1 -12.1 appears to be that the R -9 District requirement for lot width at the front yard setback line is 75 feet and this lot, starting at the street line and then going back to the house has approximately a 60 -foot width. Mr. Kanter stated that it is an oddity because when the lot was originally subdivided, the R -9 District did not have the 75 -foot width at set back requirement. Now that it does, the lot should conform to R -9 requirements. Board Member Robert Kenerson asked how that would be done. Mr. Kanter responded that it would have to receive a variance from the Zoning Board of Appeals. Barney stated Board Member Fred Wilcox stated that there is 60 feet now, and • if the subdivision was approved, there would still be 60 feet there. Town Planner Kanter existing non - conforming resubdivision by chang technically creating two with the requirements, stated that it is currently a legal pre - lot, but the Board would be creating a ing part of the lot line, which is new lots, one of which does not conform Assistant Town Planner George Frantz asked Mr. Scarofile if he had talked with Andrew Frost, the Town's Zoning Officer, Mr. Scarofile stated that he had spoken with Mr. Frost, and that Mr. Frost had stated that the Zoning Board did not feel that a variance was necessary. Town Planner Kanter stated that he did not think that the Zoning Board had discussed this matter, that may be Mr. Frost's interpretation only. Attorney would need the Barney stated that he thought that Mr. variance because the law says to alter or Scarofile enlarge a non - conforming use a special approval would be necessary. Attorney Barney stated that in this case you ar altering what is a non- conforming lot by making it even smaller than it currently is. • Mr. Scarofile stated that there was a variance with the original subdivision. 6 Planning Board Minutes 3 September 5, 1995 is Approved September 19, 1995 Board Member Kenerson stated that the Board was talking about the setback requirements. Town Planner Kanter stated that he did not think that a variance was received for the setback requirement, because the lot conformed since the dimension requirement did not exist at the time this was originally subdivided. Attorney Barney stated is of a mind to grant t resolution has a condition other approval, be received that he thinks that the Planning Board he subdivision approval because the that states that a variance, or any prior to the signing of the plat. Board Member Gregory Bell asked why there is such a large parking area at the house. Mr. Scarofile stated that there was, at one time, a day care center in the house run by his wife. Board Member Bell stated that since it is residential use now, the Board should ask for the parking area to be reduced. Assistant Town Planner Frantz stated that the proposal before • the Board tonight is a subdivision approval of two parcels and that it is not a site plan approval. There appearing to be no further discussion, Chairperson Smith asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Robert Kenerson: WHEREAS: 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -12.1, located at 1048 Danby Road, for purpose of consolidation with Tax Parcel No. 39 -1 -12.2, located at 1046 Danby Road, Residence District R -9, Janette McCord and Ronald Scarofile, Owners /Applicants, and 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 has reviewed and acce� Assessment Form Part I II prepared by the Town • "Map of Survey Parcel Ronald Scarofile, Town a Public Hearing on September 5, 1995, ited as adequate a Short Environmental submitted by the applicant and a Part Planning Department, a survey entitled s of Land Owned by Janette McCord & of Ithaca, Tompkins County, New York" Planning Board Minutes 4 September 5, 1995 • Approved September 19, 1995 prepared by Robert S. Russler, Jr., L.S. dated April 26, 1994 and revised July 11, 1995, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed subdivision; 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, an Environmental Impact Statement will not be required. Aye - Smith, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Robert Kenerson, seconded by James Ainslie: • WHEREAS: 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -12.1, located at 1048 Danby Road, for purpose of consolidation with Tax Parcel No. 39 -1 -12.2, located at 1046 Danby Road, Residence District R -9. Janette McCord and Ronald Scarofile, Owners /Applicants, and 2. The Planning Board, at a Public Hearing held on September 5, 1995, 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 survey entitled "Map of Survey Parcels of Land Owned by Janette McCord & Ronald Scarofile, Town of Ithaca, Tompkins County, New York" prepared by Robert S. Russler, Jr., L.S. dated April 26, 1994 and revised July 11, 1995, 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 5, 1995, 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 in neither a significant • alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and Planning Board Minutes 5 September 5, 1995 • Approved September 19, 1995 2. That the Planning Board hereby grants Preliminary and Final Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -12.1, located at 1048 Danby Road, for purpose of consolidation with Tax Parcel No. 39 -1 -12.2, located at 1046 Danby Road, as shown on the survey entitled "Map of Survey Parcels of Land Owned by Janette McCord & Ronald Scarofile, Town of Ithaca, Tompkins County, New York" prepared by Robert S. Russler, Jr., L.S. dated April 26, 1994 and revised July 11, 1995, and other, application materials, conditioned upon the following: a. submission of the original or mylar copy, and four (4) copies of the plat to be signed by the Planning Board Chair prior to filing in the County Clerk's Office; b. the consolidation by deed of the +/ -.182 acre parcel with Town of Ithaca Tax Parcel No. 39 -1 -12.2; C. the grant of any required variance or other approval by the Zoning Board of Appeals prior to the signing of the plat by the Chairman of the Planning Board.; Attorney Barney suggested that condition 2b. be amended to read as follows: 2b. "the consolidation by deed of the +/ -.182 acre parcel with Town of Ithaca Tax Parcel No. 39 -1 -12.2 within six months of the signing of the plat by the Chairman of the Planning • Board;" Attorney Barney suggested that a new condition 2d. be added as follows: 2d. "any transfer of 1046 Danby Road to be subject to an easement for the benefit of 1048 Danby Road to maintain the existing sewer line serving 1048 Danby Road from the existing line on 1046 Danby Road; and any transfer of 1048 Danby Road to include an easement across 1046 Danby Road to maintain the sewer lines serving 1048 Danby Road and connecting to the line on 1046 Danby Road." There being no further discussion, Chairperson Smith called for a vote. Aye - Smith, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell Nay - None. The MOTION was declared to be carried unanimously. Chairperson Smith declared the matter of Preliminary and Final Subdivision Approval for 1048 Danby Road duly closed at 7:49 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL PER ARTICLE XIII, SECTION 70 OF THE TOWN OF ITHACA ZONING ORDINANCE TO ALLOW THE PROPOSED EXTRACTION AND DEPOSIT OF +15,250 CUBIC YARDS OF FILL MATERIAL BY CORNELL • UNIVERSITY ON PORTIONS OF TOWN OF ITHACA TAX PARCEL NOS. 64 -1 -1 AND 64 -1 -2, FOR THE PRECINCT 7 SOILS STABILIZATION AND STORMWATER MANAGEMENT PROJECT, Planning Board Minutes 6 September 5, 1995 Approved September 19, 1995 LOCATED OFF NYS ROUTE 366 AND GAME FARM ROAD, RESIDENCE DISTRICT R -30. CORNELL UNIVERSITY, OWNER/APPLICANT; SCOTT WHITHAM, AGENT. Chairperson Smith declared the above -noted matter duly opened at 7:50 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Planner JoAnn Cornish explained the location of the project under discussion tonight to those assembled. Scott Whitham, Project Manager at Cornell University, addressed the Board and stated that Cornell is doing considerably less work than originally proposed for this project. Mr. Whitham stated that Pond 12 was not actually a pond, but a grassed compression area which used to contain storm water runoff, the grass would be mowed and maintained. Mr. Whitham stated that the intent is to make that area larger to contain more stormwater. Board Member Eva Hoffmann stated that she remembered that the compression area was originally created to serve as a safety runoff area in case there was a spill or something. Mr. Whitham stated that was correct, and that there was still a gate there which could be closed in case of a spill, and contained. Mr. Whitham stated that it still serves the same purpose. • Board Member Hoffmann asked what the reason was for deepening the compression. Mr. Whitham stated that in terms of a general look at stormwater in Precinct 7, it was felt that there should be more capacity in that area. Bob Chiang, Civil Engineer for Cornell University, addressed the Board and stated as a result of development that has gone on in the area and to prepare for possible future expansion of a parking lot in that area, the runoff is greater from the impervious roofs and parking lots than what was originally there. Mr. Chiang stated that this stormwater retention will return all of that to its original condition. Board Member Hoffmann asked if the retention area was planned to have water in it. Mr. Whitham stated that what is labeled as Pond 12 in the drawing would be a dry area that would be mowed and maintained. Board Member Hoffmann asked if it would be more appropriate to call it something other than a pond. Mr. Whitham stated, as this project has changed he has been using the word pond for a number of different possibilities, but it should be renamed. Town Engineer Daniel Walker suggested calling it a detention area. It was agreed by the Board and Mr. Whitham that the area would be renamed as a detention area, • and that the plans would be revised to reflect said change. Planning Board Minutes 7 September 5, 1995 0 Approved September 19, 1995 Mr. Whitham stated that an additional part of the project, which is called FRDS (Former Refuse Dump Site). Mr. Whitham stated that this location was the Cornell dump for years and closed in 1972. Mr. Whitham stated that the grade is quite steep and just to the north of the recreation trail. Mr. Whitham stated that there has been fill on top of the FRDS site for a number of years and the proposal is to take the excess fill that is on the FRDS site and push it over to lessen the steepness of the slope. Mr. Whitham stated that they intend to lessen the slope, stabilizing the slope, vegetating with natural material for the area. Mr. Whitham stated that to the east of the FRDS area, there is an additional small wet area, which is being called Pond 8 although it is another inundation area because there is rarely standing water there. Mr. Whitham stated that the toe is going to have to go out and the slope is going to have to go out to cover FRDS and make that slope less. Cornell wishes to open up that area for stormwater capacity, and stabilize currently the berm along the recreation ways and do some plantings. Mr. Whitham stated that he was advised today that the Zoning Board of Appeals Meeting that this project has to go to has been changed from September 13, 1995 to September 27, 1995, which gives Cornell a very tight window to get this project completed this fall. Chairperson Smith noted that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Eva Hoffmann stated that she thought that there would be a report from the Environmental Review Committee (ERC) a this meeting regarding this project. Planner JoAnn Cornish stated that she had reviewed the resolution with Mary Russell, Chair of the ERC, and that Ms. Russell felt that the way the resolution was worded, that it reflected what the ERC concerns were, and was comfortable with the drafted resolution. Board Member Fred Wilcox asked if that could be taken as an explicit agreement with what is being done with this project. Planner Cornish stated that could be taken to mean that the ERC was in agreement with the resolution with its conditions, and felt that they adequately addressed the concerns they may have had. Board Member Gregory Bell asked what the trees were that were on the surface, and stated that he had seen 6 feet of soil to be placed there. Mr. Whitham stated that there would be two feet of soil, and that there are some existing sumacs, which are not all that valuable, but are big and already grown, and they chose to save the trees. Mr. Bell stated that the proposal is for two feet of dirt to be put on them. Mr. Chiang stated that there is a comment on the drawings that states there is a six inch maximum soil buildup within the drip line of the trees. Mr. Whitham stated that the trees were boxed out to protect them, the dirt will gradually taper . from two feet to six inches to save the trees. Planning Board Minutes 8 1 September 5, 1995 Approved September 19, 1995 Board Member Hoffmann asked Mr. Whitham what the existing pond, which is mentioned as Pond 13 was for. Mr. Whitham stated that Pond 13 is an existing pond. Mr. Whitham stated that Cornell will be putting an outlet pipe and construct a weir just to strengthen and stabilize the edge of that pond. Board Member Hoffmann asked what a weir is. Mr. Chiang stated that its function is for stormwater detention. Mr. Chiang stated that as stormwater comes into the pond it will build up until it reaches the level of an overflow, which is set lower than the rim of the berm, and it will then be able to flow out at a controlled rate. Board Member Hoffmann stated that there was a area marked Pond 7 which does not look like a pond any more and asked what has happened to that area. Mr. Chiang stated that as Cornell retained a consultant to do a hydrological analysis of the area and as they went through their investigations, it was determined that Pond #7 was not needed and so it was dropped from the project. Mr. Chiang stated that it may show up on some of the older drawings. Board Member Hoffmann asked if Pond 8 would be sufficient. Mr. Chiang stated that he felt that pond 8 would be sufficient and that they had submitted hydrologic reports to Mr. Walker which shows that it would be sufficient. Town Engineer Walker stated that he felt that Pond 8 would be sufficient without any further development. Mr. Walker stated that as Cornell builds buildings they will need additional stormwater management. Board Member Herbert Finch stated that this continues what was approved when the SLUD was set up. Town Planner Kanter stated that process -wise, this is the first fill permit that has come to the Planning Board. Mr. Kanter stated that at this level of fill, it requires a recommendation from the Planning Board, and the Zoning Board of Appeals is the approval board giving Special Approval, which is the way this process is set up. Mr. Kanter stated that this is all done at the recommendation of the Town Engineer, and is largely a technical review in terms of the drainage and grading aspect. Board Member Bell asked what the number of cubic feet or yards of material will be moved. Mr. Bell stated that within the information distributed to the Board Members, one document says 10,000, one says 15,200, and one says 20,000 cubic yards. Town Engineer Walker stated that discrepancy was noted by staff as well. The plan as presented represent the impacts on the land use in the are quite well and is consistent with the SLUD. Normally, Mr. Walker stated, he would have asked for more detail at this point, but they have changed the amount of work several times, and the critical approving Board is the Zoning Board of Appeals. Mr. Walker stated that what is shown on the drawings is consistent with the Draft Environmental Impact Statement that was prepared for Precinct 7, and does not create or preclude any mayor planning issues. Mr. Walker Planning Board Minutes 9 September 5, 1995 • Approved September 19, 1995 stated that he feels very comfortable in recommending that the Planning Board recommend this to the Zoning Board of Appeals. Planner Cornish stated that there is a condition on the resolution which asks them to clarify the amount as they continue on with the project because there is some question as to the exact amount. Board Member Bell stated that Cornell should be able to give the Board a number so that they know what exactly they are approving or recommending. Town Engineer Walker stated that the Local Law that created the ordinance basically says anything over 2,500 cubic yards needs to come before this Board for a recommendation to the Zoning Board of Appeals before a special approval can be granted by the Zoning Board of Appeals. Mr. Walker stated that in this particular case, he is comfortable that there is plenty of material and plenty of spoil areas on this site, which is quite large, which is the primary reason for looking at the quantities. Mr. Walker stated that he is very comfortable at this time with the level of detail we have assuming that the Town would receive the final quantities so that the construction process works better, after the special approval is granted. Town Planner Kanter stated that the EAF would have to be accepted by the Zoning Board, as the Lead Agency, when they get it. Mr. Kanter stated that staff could get a more specific number into that when it is given to the Zoning Board for their review. • Board Member Hoffmann stated that she thought that it was too vague to have it read "in excess of 10,000" with no upper limit. Attorney Barney asked Mr. Whitham what the number of cubic yards of material would be. Mr. Whitham stated that it would be in excess of 10,000 but less than 20,000. Planner Cornish stated that it would have to be less than the 15,250 cubic yards that was originally proposed, because they are doing less work than what was originally proposed. Mr. Whitham stated that they could ask for 15,000. Attorney Barney stated that the resolution should read not to exceed 15,000 cubic yards of material, which was agreed to by Mr. Whitham and the members of the Planning Board. Board Member Hoffmann stated that on the Short Environmental Assessment Form, Question 10 should be changed to include "Park/Forest/Open Space" as a type of land use in the vicinity because of the trail. The Board concurred with Ms. Hoffmann's statement. Board Member Bell stated that in Part II of the Short Environmental Assessment Form, which was prepared by staff, Paragraph C2 says, "The proposed fill of approximately two feet to cover exposed • refuse, in conjunction with the re- vegetating of a currently eroding slope, may be beneficial to the site." Mr. Bell stated that the Board should know if it is going to be beneficial to the site or is not going to be Planning Board Minutes 10 September 5, 1995 • Approved September 19, 1995 beneficial to the site. Planner Cornish stated that she did not want to say conclusively that this was going to be beneficial, although she assumes it will be beneficial, if there are torrential rains at the time they are doing the work, then that would not be beneficial. Ms. Cornish stated that she did not feel comfortable saying conclusively that it was beneficial, but it is at the discretion of the Board. Board Member Bell stated that the wording could be changed so that it did not seem like a question, but a statement. Assistant Town Planner Frantz stated that it has been the practice of staff not to use definitive words in doing an environmental assessment, because there is a wide range of variables in the environment that could effect any project. Mr. Frantz stated that this is the Board's environmental assessment and if the Board wants to revise it, it is their prerogative. The Board agreed to change Paragraph C2 to read, "The proposed fill of approximately two feet to cover exposed refuse, in conjunction with the re- vegetating of a currently eroding slope, is intended to be beneficial to the site." Board Member Hoffmann asked how much of the fill was intended to be top soil. Mr. Whitham stated that it is pretty clean soil. Mr. Whitham stated that it not prime grade garden soil, it is good clean construction soil. Town Engineer Walker stated that it is good mineral soil, which with the proper fertilization and mulching will be a good medium for growth of grasses and other vegetation. Ms. Hoffmann stated that her concern is whether it is sufficient to establish some vegetation on it. Town Engineer Walker stated that with the proper fertilization and mulching will be a good medium for growth of grasses and other vegetation. Board Member Wilcox asked what the Department of Army permit was for. Mr. Whitham responded that was a wetland permit because it is not a high grade wetland according the their standards. Town Planner Kanter stated that since the wetland area will be dug out and cleaned out to some degree, where are the spoils from that going to go. Mr. Whitham stated that the spoils were going to be used for the embankment which needs to be built up and stabilized. Town Planner Kanter asked if that had been checked for any possible contaminates that may have • gotten into that pond /wetland area. Planning Board Minutes 11 September 5, 1995 • Approved September 19, 1995 Mr. Chiang stated that Bob Bland, from Cornell's environmental group, had monitored the water that flows into that area and there were no chemicals found, including runoff from the Former Refuse Dump Site. There appearing to be no further discussion Chairperson Smith asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by James Ainslie: WHEREAS: 1. This action is the Consideration of a Recommendation to the Zoning Board of Appeals with respect to a request for Special Approval for the proposed extraction and deposit of not more than 15,000 cubic yards of fill material by Cornell University on portions of Town of Ithaca Tax Parcel No's. 64 -1 -1 and 64 -1 -2, for the Precinct 7 Soils Stabilization and Stormwater Management project. Project area is located off NYS Route 366 and Game Farm Road, Residence District R- 30. Cornell University, Owner /Applicant; Scott Whitham, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Zoning Board of Appeals will act as Lead Agency in environmental review, and 3. The Planning Board, at a Public Hearing on September 5, 1995, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I submitted by the applicant and a Part II prepared by the Town Planning Department, a site map entitled "Site Map - Former Refuse Disposal Site Additional Cover" dated 28 May 1995, and revised 29 August 1995, Drawing No. D -3416, prepared by Cornell University Planning, Design and Construction, and other application materials. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Board, in making recommendation to the Zoning Board of Appeals, determines the following: a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; b. the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed project; C. 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, subject to the following conditions: • a. That the maintenance of Pond No. 8 be addressed and monitored on a regular basis to Planning Board Minutes 12 September 5, 1995 Approved September 19, 1995 maintain its adequacy as a sediment trap and to avoid spillage of sediment into Cascadilla Creek, all to the reasonable satisfaction of the Town Engineer. b. That sediment and erosion control methods, approved by the Town Engineer, be practiced throughout the construction phase of the proposed project and that permanent vegetation be established in accordance with the proposed plans. C. Submission of an original or mylar copy of the final site map to be retained by the Town of Ithaca, with the addition of the latest date of revision on the site map. d. Applicant shall provide construction /phasing schedule, showing quantities and types of materials for each phase, to the Town Engineer for review and approval prior to granting of Special Approval by the Zoning Board of Appeals. . Board Member Hoffmann she would like to change the first Whereas statement in the proposed resolution to read that Cornell "...deposit not more than 15,000 cubic yards... ", Ms. Hoffmann stated that there was a revision date missing on the resolution as well. Planner Cornish stated that they had revised the drawings and had not provided a revision date on those drawings. Ms Cornish stated that the date will be provided, and be listed in the adopted resolution. There being no further discussion, the Chair called for a vote. Aye - Smith, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: CONSIDERATION OF A SKETCH PLAN FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 66- 3 -3.25 4.5+ ACRES IN SIZE, INTO TWO LOTS, 0.36+ ACRES AND 4.14+ ACRES IN SIZE RESPECTIVELY, LOCATED AT 130 CREST LANE, RESIDENCE DISTRICT R -15. ERICKSON, LOUCKS, KOPLINKA -LOEHR PARTNERSHIP, OWNER/APPLICANT; EUGENE ERICKSON, AGENT. Chairperson Smith declared the above -noted matter duly opened at 8:28 p.m. Eugene Erickson addressed the Board and stated that the purpose of the proposal is to divide the property and to associate one parcel with the house and make that a reasonable house lot. Mr. Erickson stated that they intended to eventually gift the remaining land to the Cornell Plantations. Mr. Erickson stated that Cornell Plantations already owns the land adjacent to this property, and they have expressed a great deal of interest in having it available for educational purposes because it has one of the best fields of goldenrods available within walking distance to campus. . • Board Member Kenerson asked if the property was steep sloped. Planning Board Minutes 13 September 5, 1995 Approved September 19, 1995 Mr. Erickson stated that the property is essentially flat above the goldenrod field, once you come down from there toward the Cornell University property there is a very very deep drop off. Board Member Kenerson stated that there was only 45 feet for access on Crest Lane. Assistant Town Planner Frantz stated that there was actually 65 feet of road frontage on Crest Lane, because the Crest Lane right -of -way comes to the corner of the Loucks' property, jogs 20 feet south, and then east 45 feet. Mr. Frantz stated that they do not have the required 100 feet front yard setback, so there may be the need for a variance from that aspect. Attorney Barney stated that the minimum width at the street line is 45 feet, so it would need a variance. Chairperson Smith asked what the slope of the driveway was. Assistant Town Planner Frantz stated that the driveway is level. Board Member Wilcox asked what the square footage of the smaller subdivided parcel would be, the parcel with the house on it. Board Member Kenerson stated that it complies with the R -15 District requirements. Board Member Wilcox asked if Lot #14 was landlocked, and also the lot to its left. Assistant Town Planner Frantz stated that Lot # 14 is landlocked, and was approved by the Town of Ithaca and granted a variance for that property. Attorney Barney stated that it has a right of way to get out of the property. Assistant Town Planner Frantz stated that Lot #14 has an easement across the existing Hertel driveway. Board Member Wilcox stated that on the sketch plan there was indications of a 20 -foot right of way at the top of Lot #14, and a 30 -foot right of way at the bottom of Lot #14. Town Engineer Walker stated that the 20 -foot easement was for access from the Hertel house back to the shed on the left parcel, but the shed is gone now. Chairperson Smith asked if the parcel that the shed was located on was to be retained when the parcel is sold. Board Member Kenerson asked if that parcel was landlocked as well. Mr. Erickson stated that the shed is not longer there. Assistant Town Planner Frantz stated that the drawing that the Board is using is an old subdivision plat to make the process easier for Mr. Erickson. Planning Board Minutes 14 September 5, 1995 • Approved September 19, 1995 Attorney Barney stated Koplinka -Loehr owns lot #14, but that he was not sure if they purchased the lot with the shed as well. Assistant Town Planner Frantz stated that the Koplinka -Loehr parcel, Lot #14, is completely landlocked, with a 30 -foot wide right of way to Crest Lane. Mr. Frantz stated that the Planning Board approved the subdivision on 6/20/85, and the Zoning Board of Appeals granted a Special Approval in July 1985. Chairperson Smith stated that the real question is does any member of the Board have a problem with a pan - handle lot. Chairperson Smith asked if there would be restrictions to prevent further subdivisions on the remaining Hertel land once transferred to Cornell. Mr. Erickson stated that Cornell would be willing to do that, and as far as he was concerned, he would like to preserve that as open space. Mr. Frantz stated that he would recommend that the remaining Hertel land be consolidated with the Cornell owned lot that is adjacent to the property under discussion. Chairperson Smith stated that the Board may want to place heavier restrictions on this property than there is on the Cornell property, and Cornell may not want to accept the Town's restrictions. • Attorney Barney stated that the Board could put restrictions on this piece of land and if it is consolidated for tax purposes, all it would mean is that this portion of land is covered by the restrictions implied. Assistant Town Planner Frantz stated that another thing for the Board to keep in mind is that on the aerial photograph, being consolidated with the Cornell parcel that is adjacent to the Hertel property, which is worse than landlocked because it has no access because it is on the north side of Fall Creek. Mr. Frantz stated that, right now as Crest Lane exists, the only combination for the Town's snowplows to turn around is the driveway of the Loucks', which they have graciously allowed the Town to use for many years. Mr. Frantz stated that he had visited the site with Mr. Noteboom, the Town Highway Superintendent, and he would like the Town to request an easement extending 50 feet from the corner of the Loucks' property into the Hertel property and 45 feet east to the proposed lot line, so that the Town would be able to at some point in the future construct a hammer head cul -de -sac that would allow the snowplows an official turnaround location on Crest Lane. Town Engineer Walker stated that he does not think an easement is the right way to go, but that fee - simple title to the Town would be the better alternative. Mr. Walker stated that he and Mr. Noteboom should take a look at the layout for a possible cul -de -sac in a little more detail, then make a recommendation to the Board as far as the width of the right of way that is needed there. Mr. Walker stated that it may be beneficial for the Town to take an easement to the end of the flag and make a cul -de- sac at the end so that both lots have legal frontage, but Mr. Noteboom may not .want to maintain that much more road. Mr. Walker stated that would solve two problems, the landlocked parcel and the frontage problem. • Mr. Erickson asked if the easement would need to be 60 feet wide. Planning Board Minutes 15 September 5, 1995 • Approved September 19, 1995 Mr. Walker stated that normally the Town requires 60 feet, but he would have to look at the site to determine the need. Mr. Erickson stated that one of the problems with additional width on that is that the Plantations needs access to that hillside in order to keep it from growing up into trees, and in order for them to have that access they can not go on other peoples property. Board Member Ainslie asked if the Town's snowplow stops at the Loucks' driveway, how does the now get cleaned out the rest of the way on Crest Lane. Mr. Walker stated that he thinks they push the snow straight through then try to keep it out of the way of the other driveways. Board Member Hoffmann asked how one gets into the Hertel house. Mr. Erickson stated that there is a gravel driveway that goes off the end of Crest Lane, which is privately plowed. Town Engineer Walker stated that he did not hear any objections of the two lots and dedicating the remaining land to Cornell. Mr. Walker stated that he would like to discuss the configuration and any possible improvements that could be made to the end of the highway including maybe a circular arc at • the end, or some configuration that leaves more room, and to work with the applicant within the next couple of weeks to put together an actual subdivision plat to bring in for preliminary. Chairperson Smith asked what Mr. Erickson's time frame was on the project. Mr. Erickson stated that they want to do it fairly quickly to get the survey done. Board Member Hoffmann stated that she was concerned with Lot #14 and the lot to the north of it, to be retained by Hertel and how this all effects those two lots. Assistant Town Planner Frantz stated, for the record, that the Planning Board approved the subdivision on June 4, 1985. The Zoning Board of Appeals granted Special Approval for the Loehr's to develop Lot #14 on June 12, 1985. Mr. Frantz stated that Lot #14 received the required Planning Board and Zoning Board of Appeals approvals back in 1985. Town Planner Kanter stated that staff would check the tax maps to see if the lot to the left of Lot #14 had been consolidated. Town Engineer Walker asked Chairperson Smith if it was alright for Mr. Erickson to order a survey for the property. Chairperson Smith stated that it would be appropriate, since there have been no objections by those present. • There being no further discussion, Chairperson Smith declared the discussion of the Sketch Plan of 130 Crest Lane duly closed at 8:57 p.m. • • • Planning Board Minutes Approved September 19, 1995 AGENDA ITEM: APPROVAL OF MINUTES - August 1, 1995. MOTION by Herbert Finch, seconded by Robert Kenerson: September 5, 1995 RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of August 1, 1995, be and hereby are approved with the following corrections: That on Page 1, Paragraph 3, the time in the first sentence be changed to reflect that Chairperson Smith declared the meeting to be duly opened at 7:30 p.m. This was amended. That on Page 25, Paragraph 2, which reads: "Mr. Ainslie stated that they displayed it for several house and then wheeled it back out of view for an event that was occurring at the church." This was amended to read: "Mr. Ainslie stated that they displayed it for several hours and then wheeled it back out of view for an event that was occurring at the church." There being no further discussion, the Chair called for a vote. Aye - Smith, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. AGENDA ITEM: APPROVAL OF MINUTES - August 15, 1995. MOTION by James Ainslie, seconded by Robert Kenerson: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of August 15, 1995, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. . Aye - Smith, Ainslie, Kenerson, Wilcox, Bell. Nay - None. Abstain - Hoffmann, Finch. The MOTION was declared to be carried. Planning Board Minutes 17 September 5, 1995 . Approved September 19, 1995 OTHER BUSINESS. Town Planner Kanter stated that in advance of the September 19, 1995 Planning Board Meeting, staff has provided copies of proposed refinements to the Cornell University Special Land Use District (SLUD), which will be back before the Planning Board for a new recommendation to the Town Board on the changes. Mr. Kanter stated that there were no major changes to the SLUD, however there was one change to the mapped area for the SLUD where they identified a scenic view area. Mr. Kanter stated that he and Ellen Harrison had drafted a memo which summarizes the changes, and that Ms. Harrison will try to be present at the September 19, 1995 Meeting to answer any questions the Board may have. Mr. Kanter stated that if there are any questions the Board Members should feel free to contact Attorney Barney or himself. Town Planner Kanter stated that Ithacare had been scheduled for tonight's meeting and was pulled from the schedule because they did not have all of the necessary material ready for the Board to review. Mr. Kanter stated also, in part, because the Town Board will be discussing the Ithacare DEIS at their September 11, 1995, Meeting as a result of the Planning Board referral to the Town Board specifically as an involved agency. Board Members were asked to review material given to them and to bring it with them to discuss the proposed Ithacare project at the September 19, 1995, Planning Board Meeting. Board Member Herbert Finch asked if anyone had attended the ground- breaking ceremony for Eco Village. Mr. Finch stated that he had attended the ground- breaking ceremony and found it to be very interesting. There being no further business to be discussed at this meeting Chairperson Smith closed this segment of the meeting. ADJOURNMENT Upon MOTION, Chairperson Smith declared the September 5, 1995, meeting of the Town of Ithaca Planning Board duly adjourned at 9:18 p.m. 1 Starr Hays, Recording Secretary, Town of Ithaca Planning Board. M=ary Administrative Secretary. D- 9/8/95. A- 9/19/95.