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HomeMy WebLinkAboutPB Minutes 2010-11-02FILE DATE TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, November 2, 2010 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Chair: Fred Wilcox; Members: George Conneman, John Beach, Jon Bosak, Rod Howe, Hollis Erb Staff Present: Jonathan Kanter, Director of Planning; Bruce Bates, Director of Code Enforcement; Debra DeAugistine, Deputy Town Clerk; Creig Hebdon, Engineer; Susan Brock, Attorney for the Town Call to Order Mr. Wilcox declared the meeting duly opened at 7:02 p.m. and accepted the posting of the public hearing notice. AGENDA ITEM Persons to be heard Joel Harlan, Newfield, spoke in favor of any and all development. AGENDA ITEM SEAR Determination: Minnick 2 -Lot Subdivision, 7 LaGrand Court. Ms. Minnick stated that they're in the process of selling their house at 7 LaGrand Court. The property was two parcels when they originally purchased it, but they consolidated in order to reduce taxes. They now want to subdivide the property into the two parcels they originally purchased. They have had an offer from someone to purchase the lot. She believes the drainage swale was there when they purchased the lot and was there when the property was subdivided the first and second time. PB Resolution 2010 -087: SEOR, Preliminary and Final Subdivision Approval, Minnick 2 -Lot Subdivision, 7 LaGrand Court, Tax Parcel No. 45. -1 -39 Moved by George Conneman; seconded by John Beach WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 7 LaGrand Court, Town of Ithaca Tax Parcel No. 45 -1 -39, Medium Density Residential Zone. The proposal involves subdividing the 1.26 +/- acre parcel into one 0.64 +/- acre lot (Lot 39) that contains the existing house and one 0.62 +/- acre vacant lot (Lot 40). Andrew J. Minnick and Sharyn E. Minnick, Owners /Applicants, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency with respect to Subdivision Approval, and 3. The Planning Board on November 2, 2010, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Subdivision Map, No. 7 LaGrand Court, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, Licensed Land Surveyor, T.G. Miller P.C., dated 5/22/01 and amended 9/20/10, and other application materials, and PB Minutes 11 -02 -2010 Page 2 of 8 4. Town planning staff has recommended a negative determination of environmental significance with respect to,the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part II referenced above, 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, Conneman, Beach, Bosak, Howe, Erb NAYS: None AGENDA ITEM PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2- lot subdivision located at 7 LaGrand Court, Town of Ithaca Tax Parcel No. 45 -1 -39, Medium Density Residential Zone. The proposal involves subdividing the 1.26 +/- acre parcel into one 0.64 +/- acre lot (Lot 39) that contains the existing house and one 0.62 +/- acre vacant lot (Lot 40). Andrew J. Minnick and Sharyn E. Minnick, Owners /Applicants. Rick Couture, 104 Westhaven Road, talked about the proposed changes to the Ithaca College Events Center, while the Board waited to begin the public hearing. Mr. Wilcox opened the public hearing at 7:15 p.m. Mr. Bates stated that his only concern is that the house only just meets the setback requirement. The swale on the property was discussed. Mr. Hebdon concluded that all stormwater issues would be addressed if and when someone wants to build on the property. Ms. Minnick stated that one of her neighbors is purchasing the lot and is aware of the swale. Mr. Wilcox closed the public hearing at 7:22 p.m. PB Resolution No 2010 -088: Preliminary and Final Subdivision Approval, Minnick 2 -Lot Subdivision, 7 LaGrand Court, Tax Parcel No. 45.-1 -39 Moved by Rod Howe; seconded by Hollis Erb WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 7 LaGrand Court, Town of Ithaca Tax Parcel No. 45 -1 -39, Medium Density Residential Zone. The proposal involves subdividing the 1.26 + /- acre parcel into one 0.64 + /- acre lot (Lot 39) that contains the existing house, and one 0.62 + /- acre vacant lot (Lot 40). Andrew Minnick and Sharyn Minnick, 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 November 2, 2010, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, and PB Minutes 11 -02 -2010 Page 3 of 8 3. The Planning Board on November 2, 2010, has reviewed and accepted as adequate a survey map entitled "Subdivision Map, No. 7 LaGrand Court, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, Licensed Land Surveyor, T.G. Miller P.C., dated 5/22/01 and amended 9/20/10, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 7 LaGrand Court, as shown on the survey map entitled "Subdivision Map, No. 7 LaGrand Court, Town of Ithaca, Tompkins County, New York," subject to the following conditions: a. submission for signing by the Chairperson of the Planning Board of an original or mylar copy of the final subdivision plat and three dark -lined prints, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, and b. the final subdivision plat shall show the lot width at the maximum required front yard setback line of 50 feet from the street line. A vote on the motion resulted as follows: AYES: Wilcox, Conneman, Beach, Bosak, Howe, Erb NAYS: None AGENDA ITEM Consideration of a sketch plan for the proposed City of Ithaca Hard Fill Site located in the southwest corner of the Town of Ithaca off Van Ostrand Road, Town of Ithaca Tax Parcel No. 34 -1 -19, Conservation Zone. The proposal involves placing 5,000 to 10,000 cubic yards of hard fill per year in the former gravel mine over the next 10 to 15 years. The fill consists of material generated from City of Ithaca pipe trenching and roadway reconstruction projects. The project will also include stormwater facilities, and the site will be restored and seeded as the site is filled. City of Ithaca, Owner /Applicant; Charles A. White, P.E., Barton & Loguidice, P.C., Agent. Charles White, representing the City, gave a summary of the project. The City -owned property is bounded on the south by the Town of Newfield, to the west by the Town of Enfield, and to the north and east by the NYS parks. An easement across Casella's property provides access. The site is gated, and will remain so. It will be used solely by the City. This project will improve stormwater conditions on the site, which will be a benefit since there's currently erosion taking place. The Board agreed that it looks like a good use for an old gravel pit. They'd like to see more than simple seeding when the project is done. They also expressed concern about the road bearing 500 to 1000 trucks trips per year. They will also want to know the content of the fill that will be deposited. The next step in the process is for the applicant to file a fill permit with Public Works. Mr. Wilcox invited the public to speak. Irene and Tony Petito, 108 Millard Hill Road, parallel to Van Ostrand, noted that they just got a letter today regarding the project. He gave a brief 10 -year history of the proposed project. When they became aware that the City wanted to put a dump in Newfield, Mr. Petito, as the Newfield code enforcement officer, looked into it. Residents and Friends of Treman State Park objected to the proposed dump for reasons of site, noise, and negative effects to Treman. A petition was circulated with over 400 names on it. He cited quotes by John Clancy, then Regional Director of State Parks, PB Minutes 11 -02 -2010 Page 4 of 8 who was concerned about the original dump project for reasons including that the site is clearly visible from the Finger Lakes Trail and the significant noise impact on park patrons. He hopes the PB looks at the terrible intersection between Route 13, Van Ostrand Road, and Millard Hill Road. You hold your breath waiting to get out. There's no electricity at the site. He cited the DEC as saying that 40% of all dumps aren't successful because they're not monitored property, the lighting is poor, the location is isolated — it's the perfect area for illegal dumping. Dumping is getting worse because of the economy and people don't have the money to take their junk to a legal landfill. They're hoping the Board looks at safety of the road, which is very steep and has a bad intersection. An old woman told him several years ago that the City is acting like a bully and is treating the citizens of Newfield as 2nd -class citizens. They are opposed to the City of Ithaca using a Newfield road to drive through Newfield property to dispose of their waste. To questions, he answered that the petition stated that they were strongly opposed to use of the property as a hard fill dump given its proximity to Treman State Park & the Fingerlakes Trail and adverse affects to the surrounding environment. The City never notified anyone in Newfield; they just put up a gate at the site. When he and his wife talked with City officials, they said they did not need a permit and were going to put a dump there. Period. There were a lot of editorials and letters opposing this project. He noted that he is working closely right now with the City on a project that will benefit the neighborhood it is going into, so it's hard to speak in opposition to another of the City's projects. He requested that the Town look hard at this issue and work to mitigate concerns. Glen Caslich, 34 Millard Hill Road, directly across from the site, said he was also involved ten years ago. The road is bad even though the Town of Newfield has done work on it in the past week. It's a seasonal dirt road, is .in a highly erosive area, and has a 4 -ton weight limit. The creek runs parallel to the road. It has gone from a one -lane road to places as wide as Millard Hill Road, and as gravel is shoved around with truck traffic, it is migrating down to his property, which he objects to. The answer is for the City and the Town of Ithaca to pave the road, fix the intersection, and install guardrails. It should not be Newfield's problem to take up the paving and maintaining of the road for heavy traffic. He wondered whether the DEC would be involved since materials will be brought into a site that is very erosive. It's gravel -based in some spots, clay in others. It's very soft and there's a lot of water moving through it to the inlet (then to the lake) and to people's back yards and homes. He sent a letter regarding this to the Town Board and Planning Board. Tom Kline, a Town of Ithaca resident who owns lot 1 at Treman Meadows on VanOstrand Road, noted that the property backs up to Treman State Park. He agreed with the other speakers that the truck traffic and heavy equipment will damage the road, which will cost the Town of Enfield. He's concerned about the materials going into the site and runoff into the water systems. He noted that monitoring, enforcement, and overseeing maintenance will all be expenses to Town of Ithaca taxpayers. He's concerned about the safety of the intersection as it is now, and said that adding traffic, especially heavy trucks, creates a very unsafe situation. If the project goes through, seeding is not appropriate; he would like to see a plan using native species similar to Treman Park. He purchased the property to build a house and for quiet enjoyment, and has concerns that the noise from bulldozers and other equipment will impinge on his right to quiet enjoyment. He noted that the City has a site of their own they could use, but it has become valuable, and now they want to build houses on it. He stated that this is not a reason to trash other people's land. Rich Dolge, Town of Newfield Councilman, stated that the Town of Newfield Highway Supervisor assessed the road and put a 4 -ton limit on it. The Town contracted with Delta Engineers for a road study to establish a baseline so they can later to evaluate the damage to the road. They are very concerned about the intersection; school buses stop there to get onto Route 13. Joel Harlan, Newfield, lives up there and thinks the road should be paved. There's a drop -off on the left side of the road going up, and it needs a guard rail, because somebody is going to go off that road PB Minutes 11 -02 -2010 Page 7 of 8 and it is often hard to stop and the bottom, making it hazardous for people waiting there for buses. She pointed out a very wet area with a large gully on the proposed development land (she handed out photos). There's an intermittent creek there, and at this time of year, mud is at least ankle deep. The incidence of break -ins has increased dramatically as has the garbage at the side of the road. She wondered how much more development this area can take, and noted that even clustering 30 houses — Bundy Road has only 44 houses in total right now — will really change things. She expressed appreciation for the Board's view of what's happening on West Hill. Mr. Conneman asked Ms. Fogarty how she would propose to fix the Bundy Road traffic problem. Ms. Fogarty responded that the speed limit needs to be lowered to 30 mph on lower Bundy. She said that upper Bundy is straight, and what was said about straight roads is true: people go 60 -70 miles an hour there. In order to slow the traffic on lower Bundy, the traffic on upper Bundy will also have to be slowed. She also said that a traffic light should be installed at the bottom, but since Bundy Road is down hill all the way, there can't be a traffic light unless the speed limit is reduced. Other concerns she cited are wildlife — there's a black bear in that area — and light pollution, which is a concern for people who want to live in an area without streetlights. Stephanie, 134 Bundy Road, was concerned that the area that's been designated as a driveway is the only point of direct egress onto Bundy Road from the development. Measured at 50 feet across, if it's defined as a driveway, it only has to be one lane. Even if it is two lane, it will put the greatest traffic impacts on the road below the development. Connie Cole, 125 Hopkins Road, is concerned that the road that will exit onto Hopkins goes between her and her neighbor's property. They've already experienced three break -ins on their property since Overlook was built. Also, the traffic on 96 is horrendous. Before building more developments, she would like the Town to look at crime and traffic. She also expressed concern about her well water if there are further demands on the water table. During dry summers, their volume is low. The Town assured them awhile ago that the area would all be left agricultural. John Humphreys, 117 Hopkins Road, stated that the area at the top portion of the property is a big field that must look like a great place for a developer. The horned owls live here — he heard them the previous night. It's an issue of quality of life and quality of space. He understands that it will be developed, but would like a plan that will maintain the quality of the place they live. Abraham Lee, 144 Bundy Road, has lived in the area for 23 years and is concerned about the quality of life and the dramatic, change that this could bring. He described how, when farmer Perry developed Perry Lane and Alterra; there was a sensitivity to the projects that didn't change the character of the immediate community, ;and the neighbors appreciated that. He stated that he always knew that West Hill would be developed, and rightly so, but it's the approach to that and the sensitivity in terms of the design and the maintenance of certain characteristics of that general community that can be a win -win situation. He does not think this particular development does that. He is concerned that it proposes something as green that has little green value to it. Addressing the applicants, Ms. Erb recapped the issues brought forward by the Board and the neighbors and noted that these are the topics to consider for the next time they come back. Mr. Luciano responded that the Board has been clear in articulating what they need for the project to go forward. He appreciates the education brought forward by the community and wants to work cooperatively with them to put something together that everyone will be proud of and feel comfortable living with. Mr. Kanter suggested setting up a joint neighborhood meeting, an informal get together to look at revised plans, noting that is not a requirement, but is well- received by the residents. Staff offered to PB Minutes 11 -02 -2010 Page 8 of 8 facilitate. The applicant said such a meeting would be acceptable. Mr. Kanter advised that the next step should be a revised sketch plan. AGENDA ITEM Approval of Minutes: October 5, 2010 PB RESOLUTION No. 2010 -089: Minutes of October 5, 2010 Moved by George Conneman, seconded by Rod Howe WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on October 5, 2010; now, therefore, be it RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting on October 5, 2010. A vote on the motion was as follows: AYES: Erb, Conneman, Beach, Bosak, Howe NAYS: None Approval of Minutes: October 19, 2010 PB RESOLUTION No. 2010 -090: Minutes of October 19, 2010 Moved by Rod Howe, seconded by John Beach WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on October 19, 2010; now, therefore, be it RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting on October 19, 2010. AYES: Erb, Conneman, Beach, Bosak, Howe NAYS: None AGENDA ITEM Other Business Meeting of November 16th • EcoVillage TREE final site plan approval • Simple 2 -lot subdivision Adjournment Upon motion by John Beach, the meeting adjourned at 9:39 p.m. Respectfully submitted, 6 Debra D ugistine First Deputy own Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, November 2, 2010 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Minnick 2 -Lot Subdivision, 7 LaGrand Court. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 7 LaGrand Court, Town of Ithaca Tax Parcel No. 45 -1 -39, Medium Density Residential Zone. The proposal involves subdividing the 1.26 +/- acre parcel into one 0.64 +/- acre lot (Lot 39) that contains the existing house and one 0.62 +/- acre vacant lot (Lot 40). Andrew J. Minnick and Sharyn E. Minnick, Owners /Applicants. 7:10 P.M. Consideration of a sketch plan for the proposed City of Ithaca Hard Fill Site located in the southwest corner of the Town of Ithaca off Van Ostrand Road, Town of Ithaca Tax Parcel No. 34 -1 -19, Conservation Zone. The proposal involves placing 5,000 to 10,000 cubic yards of hard fill per year in the former gravel mine over the next 10 to 15 years. The fill consists of material generated from City of Ithaca pipe trenching and roadway reconstruction projects. The project will also include stormwater facilities and the site will be restored and seeded as the site is filled. City of Ithaca, Owner /Applicant; Charles A. White, P.E., Barton & Loguidice, P.C., Agent. 7:45 P.M. Consideration of a Sketch Plan for the proposed Goldenrod 30 -Lot Subdivision located off Bundy and Hopkins Roads, Town of Ithaca Tax Parcel No. 24- 4 -6.2, Medium Density Residential Zone. The proposal involves subdividing the 67 +/- acre property into 30 new residential lots. The project will also include four lots reserved as open space and natural areas (totaling 13.5 +/- acres), two new roads, new stormwater facilities and utilities. Gy Corporation, Owner; Finger Lakes Green Development, LLC, Applicant; Jose L. Guisado, R.A., GA Architects, PLLC, Agent. 6. Approval of Minutes: October 5, 2010 and October 19, 2010. Other Business Adjournment Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273 -1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, November 2, 2010 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Board of the Town of Ithaca on Tuesday, November 2, 2010, at 215 North Tioga Street, Ithaca, N.Y., at the following time and on the following matter: 7:05 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 7 LaGrand Court, Town of Ithaca Tax Parcel No. 45 -1 -39, Medium Density Residential Zone. The proposal involves subdividing the 1.26 +/- acre parcel into one 0.64 +/- acre lot (Lot 39) that contains the existing house and one 0.62 +/- acre vacant lot (Lot 40). Andrew J. Minnick and Sharyn E. Minnick, Owners /Applicants. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearing. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, October 25, 2010 Publish: Wednesday, October 27, 2010 ��Wednesday,`October 2�7, 2U10 jTHE ITHACA,,JOURNAL_ Name Town of Ithaca Planning Board 215 North Tioga Street November 2, 2010 7:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You aw W✓e k (i N-► rr Address EVANNIT11 ld(� LC'L� - 1�^ lti� 31 3'r6 RD Box yWZ 7 6 . BOX q6 ? 7 V K- /' �6-I- q � R- Z..— 0. C.,�k.k, -.. ins (�.,,,,s� R,..e, i-�„_ TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Polce, being duly sworn, depose and say that I am a Senior Typist for the Town of Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York on Tuesday November 2 2010 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting: October 25, 2010 Date of Publication: October 27, 2010 L t Cyacc9 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 27`h day of October 2010. al-)1�q(1VOIL/L Notary Public CONNIE F. CLARK Notary Public, State of New York No. 01016052878 Qualified in Tompkins County Commission Expires December 26,20 /0