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HomeMy WebLinkAboutPB Minutes 2000-05-16TOWN OF ITHACA PLANNING BOARD TUESDAY, MAY 16, 2000 The Town of Ithaca Planning Board met in regular session on Tuesday, May 16, 2000, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; James Ainslie, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Jonathan Kanter, Board Member; John Barney, Attorney for the Town (7:44 p.m.); George Frantz, Assistant Town Planner (7:35 p.m.); Mike Smith, Planner. EXCUSED: Tracy Mitrano, Board Member; Dan Walker, Town Engineer. ALSO PRESENT: Paul Sarokwash, Village of Cayuga Heights; Larry Fabbroni, 127 Warren Road; Les Connelly, 255 Hayts Road; Brent Cross, Village of Cayuga Heights; Ronald Krantz, 179 Sheffield Road; Brian Gollands, 1306 Hanshaw Road; Ray Miller, 4 Bean Hill Lane; Mel Manasse, Auctioneer. Chairperson Wilcox declared the meeting duly opened at 7:34 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 May 8, 2000, and May 10, 2000, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, 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 May 10, 2000. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) Chairperson Wilcox 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. Chairperson Wilcox opened this segment of the meeting at 7:34 p.m., and asked if any member of the public wished to be heard. With no persons present to be heard, Chairperson Wilcox closed PERSONS TO BE HEARD at 7:35 p.m. PUBLIC HEARING: Consideration of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 54 -7 -6 located at 210 Pennsylvania Avenue into two lots, each consisting of 9,000 ± square feet, Residence District R -9. Orlando lacovelli, Owner /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. Larry Fabbroni, 127 Warren Road, stated that they received Preliminary Site Plan approval from the Planning Board. The Zoning Board of Appeals asked that the dimension from the house be increased to more than 30 feet. They changed the lot line to accommodate the dimension and kept the two halves at 9,000 square feet each. Chairperson Wilcox opened the public hearing at 7:36 p.m., and asked if any persons present wished to be heard. With no persons present to be heard, Chairperson Wilcox closed the public hearing at 7:37 p.m. PLANNING BOARD PAGE 2 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED RESOLUTION NO. 2000 -49 - Final Subdivision Approval, lacovelli 2 -Lot Subdivision, 210 Pennsylvania Avenue. Tax Parcel No. 54 -7 -6. MOTION made by Larry Thayer, seconded by George Conneman. WHEREAS: 1. This action is consideration of Final Subdivision Approval for the proposed subdivision of the parcel at 210 Pennsylvania Avenue into two lots, Town of Ithaca Tax Parcel No. 54 -7 -6, Residence District R -9. The subdivision would create two 9,000 square foot lots. Orlando lacovelli, Owner /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent, and 2. 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, did, on April 4, 2000, make a negative determination of environmental significance; and 3. The Planning Board, on April 4, 2000, did grant Preliminary Subdivision Approval, with conditions, for the proposed subdivision; and 4. The Zoning Board of Appeals, on April 12, 2000, did consider and grant the necessary variance, with a condition, for the proposed subdivision; and 5. The Planning Board, at a Public Hearing held on May 16, 2000, has reviewed and accepted as adequate, for Final Approval, a plat entitled, "Final Subdivision Plat, 2 -Lot Subdivision of Lots 99, 100, 101 of the Old Ithaca Land Tract," prepared by Lawrence P. Fabbroni, P.E., L.S., dated March 2, 2000 and revised April 17, 2000, and other application materials; 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Final Subdivision Approval for the proposed subdivision of the parcel at 210 Pennsylvania Avenue into two lots, Town of Ithaca Tax Parcel No. 54 -7 -6, creating two 9,000 square foot lots, as shown on the plat entitled "Final Subdivision Plat, 2 -Lot Subdivision of Lots 99, 100, 101 of the Old Ithaca Land Tract," prepared by Lawrence P. Fabbroni, P.E., L.S., dated March 2, 2000 and revised April 17, 2000. A vote on the MOTION resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer, Howe. NAYS: None. PLANNING BOARD PAGE 3 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED The MOTION was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, Cayuga Heights Temporary Fire Station, 1301 -1305 Hanshaw Road. Chairperson Wilcox opened this segment of the meeting at 7:39 p.m. Brent Cross, Village of Cayuga Heights Engineer, stated that the Village of Cayuga Heights is undertaking a reconstruction of the existing firehouse. It involves a complete demolition. They have had to vacate their premises. They have found the former Collins property available on a short -term basis for them to use. It is a combination of structures that seems to facilitate their use. Mrs. Collins still currently occupies the one house on the property. The second house is currently being used as a residence for the bunkers of the fire department. There are two garage structures on the property. They are looking for permission to use the buildings as truck storage. All structures on site are existing. They will not be making modifications to any of the structures. There is some miscellaneous site cleanup to be done. The gravel parking needs to be improved. The fire department may choose to construct a fence with a gate. The trucks would not be mechanically worked on. They are only parked in the ready mode in case of a fire. He believes that there are no environmental impacts on the use of the property. Board Member Hoffmann asked where will the gates and fence be located. Paul Sarokwash, Village of Cayuga Heights Fire Department, stated that the fence would be to the rear of the property where the shed is located. The shed does not have doors. They would construct a fence in front of the shed so that no one could easily gain access to a fire truck parked there. The trucks do carry equipment. The compartments in the trucks are not locked. It would be a way to keep children out. Board Member Hoffmann asked if the fence would surround the shed. Mr. Sarokwash responded that it would go about 45 feet from the front and then loop around over part of the shed. He thinks that four bays worth would be sufficient. Board Member Hoffmann asked if the gate would be in the property. Mr. Sarokwash stated that there would be one gate in the fence so that trucks could come in and out. Board Member Ainslie asked if he had any personnel that would control it 24 -hours per day. Mr. Cross stated that there are bunkers that will live in the building. They will be there as residents. They would be there during the evenings as a normal course of living in the house. PLANNING BOARD PAGE 4 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Board Member Thayer stated that the County sent a letter to the Town suggesting that signs be put up to warn motorists that there is a fire station ahead. Mr. Cross stated that he is not familiar with the letter. Chairperson Wilcox stated that the County sent their 239 - review letter to the Town. For safety reasons the County suggested putting signs in the vicinity of the proposed facility so that motorists and the general public may be aware of the presence of such facility at the intersection. Mr. Cross stated that it would not be difficult to do. Board Member Thayer asked how would they control the traffic when there is a fire. Mr. Cross stated that in discussions that he has had with fire department personnel, they could establish a system where someone would not be a responder, but would be on the site fully dressed to direct traffic. Board Member Thayer asked if they would exit on Hanshaw Road or Warren Road. Mr. Cross stated that it would depend upon which truck was responding. There are two garage structures. The one garage that would face on Warren Road would exit on Warren Road. The trucks coming out of the back shed would most likely exit onto Hanshaw Road. Board Member Thayer stated that it is a busy intersection. Board Member Ainslie stated that the intersection is a four -way stop. Board Member Hoffmann asked how is it handled on Pleasant Grove Road when fire trucks need to exit. Mr. Cross stated that at certain times of the day it is very busy. At other times of the day it is not busy. It depends upon the time of day. There are about 22 hours of the day where there could be a major problem. If there are cars stacked, he is sure that someone does direct the traffic. Chairperson Wilcox stated there is a potential noise impact on the area. He talked with one volunteer fire fighter that does not serve this area and asked him about the mitigation measures that they used. The mitigation measures submitted in the material seem to be standard in terms of turning on the siren only when needed. Mr. Cross stated that the volunteer firemen are very aware of their environment as they are in a close residential neighborhood within the Village of Cayuga Heights. They are accustomed to using good judgement. Under certain traffic conditions there is a potential for noise. The potential of the noise nuisances are relatively small, certainly when compared to the function that they are providing. PLANNING BOARD PAGE 5 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that it is a benefit to the neighborhood. Board Member Thayer asked if the fire station has an alarm siren. Mr. Cross responded no. They do not have one at the Collins property. The sirens became unnecessary with the pager system. Everyone receives a pager when there is a fire or emergency. It does exist on the existing building that will be torn down. It will not be replaced. It is not used on fire responses. They used to use it to signal lunch hour. Chairperson Wilcox stated that SEAR requires that they balance environmental concerns with economic and social concerns. It is not a potentially significant issue. There is a community good. If there is a short -term noise issue it is more than mitigated. RESOLUTION NO. 2000 -50 - SEQR Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals Regarding Special Approval, Cayuga Heights Temaorary Fire Station. 1301 — 1305 Hanshaw Road. Tax Parcel No.'s 70 -12 -1 and 70- 12 -2.2. MOTION made by Eva Hoffmann, seconded by Rod Howe. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals Regarding Special Approval for the proposed use of the existing buildings as a temporary fire station for the Cayuga Heights Fire Department at 1301 -1305 Hanshaw Road, on Town of Ithaca Tax Parcel No.'s 70 -12 -1 and 70- 12-2.2, Residence District R -15. The existing garage and pole barn will be used to park fire trucks and store equipment. The residence at 1305 Hanshaw Road will be used by about four Fire Department officials as their residence until the new fire station in Cayuga Heights is completed. No modifications to the site or existing structures are required. Dora Collins, Owner; Village of Cayuga Heights, Applicant; Brent Cross, Village Engineer, Agent. 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 Site Plan Approval, and 3. The Planning Board, on May 16, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, plans entitled "Survey Map of 1301 -1305 Hanshaw Road" dated 5120199, prepared by Kenneth A. Baker, Professional Land Surveyor; a layout of the properties, received April 27, 2000, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval; PLANNING BOARD PAGE 6 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED NOW THEREFORE BE I T 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. A vote on the MOTION resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals regarding Special Approval for the proposed use of existing buildings as a temporary fire station for the Cayuga Heights Fire Department at 1301 -1305 Hanshaw Road, on Town of Ithaca Tax Parcel No. 70- 12 -2.2, Residence District R -15. The existing garage and pole barn will be used to park fire trucks and store equipment. The residence at 1305 Hanshaw Road will be used by about four Fire Department officials as their residence until the new fire station in Cayuga Heights is completed. No modifications to the site or existing structures are required. Dora Collins, Owner; Village of Cayuga Heights, Applicant; Brent Cross, Village Engineer, Agent. Chairperson Wilcox opened the public hearing at 7:54 p.m., and asked if any persons present wished to be heard. Brian Gollands, 1306 Hanshaw Road, stated the he lives across the road from the Collins residence. He does not have a problem with the temporary location of the fire station. If the fire trucks are exiting onto Hanshaw Road, will the fire trucks be able to make the turn? He is concerned that it will take out the front of their driveway. Mr. Cross stated that he personally does not know. He believes that the fire department personnel have checked it. If for some reason they were unable to make the turn, they would propose to put an extension on the culvert pipe and widen the driveway. With no other persons to be heard, Chairperson Wilcox closed the public hearing at 7:55 p.m. Board Member Thayer stated that he thinks that signs would be appropriate. Mr. Frantz stated that they should be making the recommendation to the Department of Public Works. Hanshaw and Warren Roads are County roads. Chairperson Wilcox stated that there would need to be four signs. PLANNING BOARD PAGE 7 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Mr. Kanter stated that the Town could not require it, but it could be suggested. Chairperson Wilcox stated that the board could recommend that the County install temporary signs Mr. Cross stated that they would be willing to install the signs with the County's permission. They do not expect the County to incur the cost or the obligation to do so. Board Member Thayer stated that the signs should indicate that it is a temporary fire station. Mr. Cross stated that it is not a bad idea. If they were to go by the Standard Manual of Uniform Traffic Control Devices, it might not be an available option in the menu of choices. Board Member Ainslie asked if they could have the other fire station completed within one year Mr. Cross stated that they feel very strongly that they will have the fire station completed. Demolition has started. The trucks are currently stored in various locations around the Village. The contract that is signed between the Village and the contractor states a completion date of December 1, 2000. The contract has liquidated damages beyond that. They are confident it will be completed on time. Chairperson Wilcox asked if there is a maximum number of bunkers in the house. Mr. Sarokwash stated that there would be four or five bunkers. Mr. Cross stated that he does not think there are that many bunkers there now. It will be difficult to get bunkers into a temporary scenario. The new station officers modern residence facilities. Board Member Ainslie asked if the bunkers are usually students. Mr. Cross responded sometimes. They are entering into the summer months and many of the students are not in Town. The Fire Chief told the Trustees that the fire department is into the die hard season. Attorney Barney asked if the house is a multi- bedroom house that is to be used. Mr. Cross responded yes. It is a full two -story house. It has three or four bedrooms. RESOLUTION NO. 2000 -51- Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Special Approval, Cayuga Heights Temporary Fire Station, 1301- 1305 Hanshaw Road, Tax Parcel No.'s 70 -12 -1 and 70- 12 -2.2. PLANNING BOARD PAGE 8 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24. 2000 - APPROVED - APPROVED - APPROVED MOTION made by James Ainslie, seconded by Larry Thayer. IT ]:IMI:7AF-1163 1. This action is consideration of Preliminary and Final Site Plan Approval and a Recommendation to the Zoning Board of Appeals Regarding Special Approval for the proposed use of the existing buildings as a temporary fire station for the Cayuga Heights Fire Department at 1301 -1305 Hanshaw Road, on Town of Ithaca Tax Parcel No.'s 70 -12 -1 and 70- 12-2.2, Residence District R -15. The existing garage and pole barn will be used to park fire trucks and store equipment. The residence at 1305 Hanshaw Road will be used by about four Fire Department officials as their residence until the new fire station in Cayuga Heights is completed. No modifications to the site or existing structures are required. Dora Collins, Owner; Village of Cayuga Heights, Applicant; Brent Cross, Village Engineer, Agent. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, has, on May 16, 2000, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, and a Part 11 prepared by Town Planning staff, and 3. The Planning Board, on May 16, 2000, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part II prepared by Town Planning staff, plans entitled "Survey Map of 1301 -1305 Hanshaw Road" dated 5120199, prepared by Kenneth A. Baker, Professional Land Surveyor; a layout of the properties, received April 27, 2000, and other application materials, and NOW THEREFORE BE I T RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed use of existing buildings as a temporary fire station for the Cayuga Heights Fire Department at 1301 -1305 Hanshaw Road, on Town of Ithaca Tax Parcel No.'s 70- 12-1 and 70- 12 -2.2, Residence District R -15, as shown on the plans entitled "Survey Map of 1301 -1305 Hanshaw Road" prepared by Kenneth A. Baker, Professional Land Surveyor, dated 5120199; a layout of the properties, received April 27, 2000, and other information related to the application, subject to the following conditions: a. that the temporary fire station will be located at 1301 -1305 Hanshaw Road for a period of no more than one year, and PLANNING BOARD PAGE 9 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24. 2000 - APPROVED - APPROVED - APPROVED b. that the required Special Approval be obtained from the Zoning Board of Appeals . AND BE IT FURTHER RESOLVED: 1. That the Planning Board, in making its recommendation regarding Special Approval 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 use and that the proposed use is temporary in nature; C. the specific proposed use as a result of the proposed project is in accordance with a Comprehensive Plan of development of 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 granted. AND BE IT FURTHER RESOLVED: 1. That the Planning Board recommends (but does not require) that the Village of Cayuga Heights obtain consent from Tompkins County for the installation of signs on Warren Road and Hanshaw Road indicating the existence of the temporary fire station. A vote on the MOTION resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Ainslie, Thayer, Howe. NAYS: None. The MOTION was declared to be carried unanimously. AGENDA ITEM: SEAR Determination, Ainslie /Singer Subdivision, Hayts Road. Chairperson Wilcox opened this segment of the meeting at 8:02 p.m. Rob Ainslie, 304 Hayts Road, stated that he has done a career change. In the course of that they are liquidating all their properties on Hayts Road at absolute public auction this summer. The 57 -acre parcel has 1700 feet of road frontage. They are trying to get as much revenue out of the properties in order to satisfy creditors so that they can liquidate the business and close the books. They did go through the process of surveying. They came up with breaking it up into seven different parcels. It will be offered as seven parcels. As long as the bidder on one parcel bids more than the individuals on the other parcels it will be sold as one. He is glad if it is sold as one. If people would PLANNING BOARD PAGE 10 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24. 2000 - APPROVED - APPROVED - APPROVED like pieces of it, that is fine. They are going for the maximum amount of money they can, to pay off the maximum number of creditors. The acreage is open farmland. There are no improvements on it. There is one drainage ditch in the back, but it is more of a swale. There is no improved drainage on the site. Buildings have never been constructed on the land. Chairperson Wilcox asked why this particular lot configuration was chosen. Mr. Ainslie responded that he is not sure. He thinks that they wanted to try to get some value for the back pieces that are located away from the road. There is some access on either end of the piece for access in the back. A driveway could be constructed to the back portion. Someone could build a house and a garage. The lots in the front were kept big for salability. There could be up to nine lots. Mr. Frantz stated that the attractiveness is that someone could buy lots 6 or 7 and it would be a viable tract of farmland. Chairperson Wilcox stated that someone could also buy lots 6 or 7 and then come back to the Town for subdivision. Mr. Frantz stated that they could do so if they desire to build a public road. Board Member Ainslie stated that he previously owned this parcel of land. He would hope that someone would buy the parcel as one. Chairperson Wilcox asked Board Member Ainslie to mention his relationship to the applicant. Board Member Ainslie stated that the applicant is his youngest son. He took over the properties in 1988. Chairperson Wilcox closed this segment of the meeting at 8:09 p.m. RESOLUTION NO. 2000 -52 - SEQR: Preliminary and Final Subdivision Approval, Subdivision of Tax Parcel No. 24 -5 -2. Havts Road. MOTION made by George Conneman, seconded by Larry Thayer. WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of a 57.7 +/- acre parcel on Hayts Road into seven lots on Town of Ithaca Tax Parcel No. 24 -5 -2, AG- Agricultural District. The 57.7 +/- farm parcel is proposed to be subdivided into seven residential lots consisting of three 4 +/- acre lots, two 2 +/- acre lots, and two 20.7 +/- acre lots. Robert H. Ainslie and Judy L. Singer, Owners /Applicants, and PLANNING BOARD PAGE 11 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED 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, on May 16, 2000, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part 11 prepared by the Town Planning staff, a survey map entitled "Subdivision Map Showing Proposed Subdivision by Robert Ainslie and Judy Singer Located on Hayts Road, Town of Ithaca, Tompkins County, New York," dated April 1, 2000, prepared by T. G. Miller PC, Engineers and Surveyors, and other application materials. 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. A vote on the MOTION resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe. NAYS: None. ABSTAIN: Ainslie. The MOTION was declared to be carried. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of a 57.7 ± acre parcel on Hayts Road into seven lots on Town of Ithaca Tax Parcel No. 24 -5 -2, AG Agricultural District. The 57.7 ± acre farm parcel is proposed to be subdivided into seven residential lots consisting of three 4 ± acre lots, two 2 ± acre lots, and two 20.7 ± acre lots. Robert H. Ainslie and Judy L. Singer, Owners /Applicants. Chairperson Wilcox opened the public hearing at 8:10 p.m., and asked if any persons present wished to be heard. Les Conway, 255 Hayts Road, stated that he has property adjacent to the parcel in question. He did not receive a map or a description of the plan. He asked if he could have some information on the project. The board provided a map of the project to Mr. Conway. Chairperson Wilcox closed the public hearing at 8:12 p.m. PLANNING BOARD PAGE 12 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that the County 239 review indicates that it has no significant deleterious impacts. Board Member Thayer asked if the drainage ditch was like a swale. Board Member Ainslie stated that the land borders the Eastern Artificial Breeders, now AXIOHM. There was a tremendous amount of water coming on their property. Soil Conservation came in and diverted the water. Mr. Conway stated that it looks as if they have two right -of -ways on each side of the parcel. Chairperson Wilcox responded that the two end lots provide frontage for the two back lots. The Town will not allow any parcel to be subdivided without frontage. Mr. Conway stated that he understands that these will be sold at auction. Chairperson Wilcox stated that is what has been represented to the board. Mr. Conway asked if there is a developer interested. Chairperson Wilcox stated that he is only aware of the application in front of the board for the subdivision. He does not have knowledge of who may or may not be interested in the subdivision. Mr. Ainslie stated that it is a public auction. They have no preferences. Mr. Frantz stated that this is the maximum number of lots that would be allowed by this approval. Someone may buy two lots and consolidate into one lot. Attorney Barney stated that someone could come in and build a road. Then the larger lots could be subdivided into smaller pieces. The minimum lot size is 30,000 square feet. Notice would be given of that application. Mr. Conway stated that the last he knew this parcel was zoned for agriculture. This is going to be broken up into lots. Chairperson Wilcox stated that they have asked for permission to subdivide it into a maximum of seven lots. Mr. Conway asked how it worked with the zoning. Mr. Frantz stated that the subdivision complies with all the requirements of the zoning. It is an AG agricultural zoning district, but the district allows homes on lots as small as 30,000 square feet. The large lots have 150 foot wide road frontage because it is the minimum allowed by the zoning. PLANNING BOARD PAGE 13 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED RESOLUTION NO. 2000 -53 - Preliminary and Final Subdivision Approval, Subdivision of Tax Parcel No. 24 -5 -2, Hayts Road. MOTION made by Fred Wilcox, seconded by Eva Hoffmann. WHEREAS: This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of a 57.7 +/- acre parcel on Hayts Road into seven lots on Town of Ithaca Tax Parcel No. 24 -5 -2, AG- Agricultural District. The 57.7 +/- farm parcel is proposed to be subdivided into seven residential lots consisting of three 4 +/- acre lots, two 2 +/- acre lots, and two 20.7 +/- acre lots. Robert H. Ainslie and Judy L. Singer, Owners /Applicants, and 2. 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 May 16, 2000, made a negative determination of environmental significance, and 3. The Planning Board, at a public hearing on May 16, 2000, 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 map entitled "Subdivision Map Showing Proposed Subdivision by Robert Ainslie and Judy Singer Located on Hayts Road, Town of Ithaca, Tompkins County, New York," dated April 1, 2000 and prepared by T. G. Miller PC, Engineers and Surveyors, and other application materials. NOW THEREFORE, BE IT RESOLVED: 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 Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 24 -5 -2 into seven lots as shown on the survey map entitled "Subdivision Map Showing Proposed Subdivision by Robert Ainslie and Judy Singer Located on Hayts Road, Town of Ithaca, Tompkins County, New York," dated April 1, 2000and prepared by T. G. Miller PC, Engineers and Surveyors, subject to the following conditions: a. approval by the Tompkins County Health Department of any necessary on lot sewage disposal systems, prior to the issuance of any building permit; b. submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat, with signed surveyor's certification and seal, and four dark -line prints, prior to the filing of said plat in the Office of the County Clerk. PLANNING BOARD PAGE 14 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED AND BE 1 T FURTHER RESOL VED: That the Town of Ithaca Planning Board hereby waives the requirement for any park land dedication or payment of a fee in lieu of such land dedication, having determined from the materials presented that a proper case does not exist for requiring that a park or parks be suitably located as part of the proposed plat, and 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. A vote on the MOTION resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe. NAYS: None. ABSTAIN: Ainslie. The MOTION was declared to be carried. AGENDA ITEM: OTHER BUSINESS. Chairperson Wilcox stated that this board approved the proposed gravel pit off Mecklenburg Road. The Zoning Board of Appeals turned the application down. Mr. Smith stated that it took two meetings to turn the application down. The first meeting ending with a 2 -2 vote. One board member was absent. At the first meeting they did make a negative determination of environmental significance. At the second meeting they discussed noise, traffic coming out and the traffic combination with Linderman Creek. The aspect was brought up that the Eddys would not be on the property or on site while contractors would be coming in to remove the gravel. The board was concerned with the supervision and that things would be taken care of. Mr. Kanter stated that it was represented to the Planning Board that they were going to do their own excavation. Board Member Thayer asked if there were neighbors present. Mr. Smith stated that there were three members of the public at both meetings. There was one from the City, one from Mecklenburg Road and one down the road slightly. Chairperson Wilcox asked if anyone knew the date of the Moore House move. Board Member Howe responded that it is May 23, 2000. Board Member Ainslie asked if they had prepared the foundation. PLANNING BOARD PAGE 15 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that the existing house is raised. There is a lot of fill on the Cayuga Heights site. Board Member Ainslie stated that the new site is not prepared. Mr. Frantz stated that they have the footers poured. They will probably move the house to the site, position it, and build a new cellar wall up to the house. Board Member Ainslie stated that is the most accurate way to move an old house. Chairperson Wilcox stated that the residents in the area know that they will be without power. Some trees have been cut back to make room for the house. Chairperson Wilcox asked the board if they would like to have water provided at the meetings. The board responded that they would like to have water provided at the meetings. Board Member Conneman stated that the article he provided to the board shows how far people can go in requiring someone to do something. In Rockland County someone built a set of swings for his family. The neighbor objected because it blocked the view from his bathroom window. It give examples of how people have felt that they been injured because someone has done something they disagree with. Mr. Frantz stated that two years ago a municipality on Long Island took a homeowner to court because she painted a boulder in her backyard with her initials or house number. She was charged with violating the town sign ordinance. She resisted. The New York State Courts ruled in her favor. Chairperson Wilcox stated the City of Houston is the largest city in the United States without zoning. As a result a number of large planned communities have sprung up within the Houston city limits. They have extremely stringent zoning. Mr. Kanter stated that Mr. Frost asked him to show the letter and diagram from the Cornell University to the Planning Board. It asked if they would need to come before the Planning Board if they were to cut back the southern most island. The islands were built as the revised plan asked for. In Cornell's opinion they have found that the very tip of the southwestern most island has become an obstacle for large trucks that need to make the turn. They are indicating that they would like to shorten the island by about 4 feet to provide a better turning radius. Normally any change in the site plan would need to come in before the Planning Board. This is an operational change. They accommodated the plan as required. It does not seem to be working properly. Mr. Frost was hoping that the board could take a quick look at it without requiring formal site plan review. PLANNING BOARD PAGE 16 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Board Member Conneman stated that one of the reasons to insist upon the landscaped islands was to be sure that people did not cut across the lot. The question is if the four feet affect it. Mr. Smith stated that the corner is difficult to maneuver in a truck. He has to cross over more than half way. Chairperson Wilcox asked if the board wanted them to come before the board for formal site plan review for the modification. Board Member Howe stated that he does not think it is necessary. He stated that he does not have the history with the applicant as the other board members do. Attorney Barney asked what is the basis under the law for not requiring the applicant to come before the board for modification of the site plan. Chairperson Wilcox stated that under current zoning, any change to the site plan must come back to the board for review. Attorney Barney stated that he would concur with the conclusion. Legally, there is a problem waiving the process even though it is a small change. It is the process that needs to be followed. Chairperson Wilcox stated that it would give the board an opportunity to deal with stop sign, snow removal and a few other problems. Board Member Hoffmann stated that the board might be able to make a deal with them. She has questions about the signage at the P &C. She does not remember that the letters were to be back lit. The Town might want to check this out before anything is done about the islands. Board Member Conneman asked what was the result on the stop signs. Attorney Barney stated that the law is that the town cannot impose the requirement that the stop signs be installed. They can at the request of the applicant install stop signs. It has to be at the request of the owner of the property. point Board Member Conneman asked how is it done in the Village of Lansing. Attorney Barney stated that they have either done it voluntarily or have requested it at some Board Member Conneman stated that he thinks that it is unsafe for the customers. Mr. Kanter stated that he has noticed cars parking in the driving lane. There is one lane to travel through. It will probably be resolved when the construction is complete. PLANNING BOARD PAGE 17 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Chairperson Wilcox stated that he thinks that they will need to come before the board given the current zoning. He has issues with them. They are proposing a change to the parking lot. There are other issues related to the parking lot that the board is concerned about. Snow removal has been an issue. The board should be able to bring them up. Attorney Barney stated that if the applicant gets the sense that if coming before the board resurrects many issues, then it should be left the way it is. The board needs to look at the proposal before the board. Mr. Kanter stated that the Town did send a letter regarding snow removal. The Town did not receive a response. Board Member Ainslie asked who is responsible for the inaccurate design. Chairperson Wilcox stated that he has to assume that it was their design. The board provided guidance. Mr. Frantz stated that it might be designed correctly, but psychologically people are going into the opposite lane because they are not sure or uncomfortable. Attorney Barney asked if the lane is striped with a center line. Board Member Hoffmann responded yes. Board Member Conneman stated that there are bigger, longer trucks and SUVs. Board Member Ainslie stated that the Mitchell and Cornell Street intersection design makes for tight turns. Board Member Thayer asked how did the Liquor Store make out. Board Member Hoffmann stated that she did not know. Attorney Barney asked if there is a sense of a message that can be conveyed to Cornell. Chairperson Wilcox responded that the current zoning requires them to come before the board. The board will try to keep to the parking lot modification. If he asks about the snow removal issue, he will do it in a non - confrontational way. Board Member Ainslie asked if the snow removal was agreed to. Chairperson Wilcox stated that the letter that Mr. Kanter put together indicated that they did not follow their own rules for snow removal. They piled it up in the parking lot. There is more vacant space being rented at the eastern end of the plaza. It is important that the snow be removed. PLANNING BOARD PAGE 18 MAY 16, 2000 APPROVED - APPROVED - APPROVED - OCTOBER 24, 2000 - APPROVED - APPROVED - APPROVED Board Member Conneman asked if the board could tell them that they expect a response to the letter otherwise it will be something raised at the same time. Board Member Hoffmann stated that she does not understand how the board can deal with other problems if they do not bring them up. Attorney Barney asked if they do not come in, how would the board deal with them. The board will need to deal with them as if they had not come before the board. Mr. Kanter stated that he will ask Mr. Frost about the sign lighting issue. Board Member Ainslie asked if P &C does something, is Cornell University responsible. Mr. Kanter stated that there are a number of different applications submitted by different people. The P &C project was submitted by P &C. They have a lease agreement with Cornell. Ultimately Cornell is responsible. There were conditions related to the parking lot and the islands tied to P &C that Cornell was responsible for. Board Member Hoffmann stated that she assumes that P &C would have to get approval from who they are renting from as well as the Town. Cornell must be aware of it. They are in that sense responsible because they knew up front what would happen. Attorney Barney stated that Cornell would have to consent to the construction or modification. He does not know if Cornell knew at the time that the construction would block the Liquor Store sign. Mr. Kanter stated that the minutes reflect that the subject was brought up. AGENDA ITEM: ADJOURNMENT. Upon MOTION, Chairperson Wilcox declared the May 16, 2000 meeting of Town of Ithaca Planning Board duly adjourned at 8:47 p.m. Respectfully submitted: Carrie L. Coates, Deputy Town Clerk.