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HomeMy WebLinkAboutPB Minutes 2011-09-06FILE A*&� DATE l� TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, September 6, 2011 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox (Chair), Linda Collins, George Conneman, John Beach, Ellen Baer, Jon Bosak, David Slottje, Hollis Erb Staff Present: Bruce Bates, Director of Code Enforcement; Creig Hebdon, Engineer; Deb DeAugistine, Deputy Town Clerk; Christine Balestra, Planner; Mike Smith, Planner; Dan Thaete, Engineer; Susan Brock, Attorney for the Town Call to Order Mr. Wilcox called the meeting to order at 7:04 ,p.m. and accepted the secretary's posting of the public hearing notices. AGENDA ITEM Persons to be heard No one came forward to address the Board. AGENDA ITEM SEQR Determination: South Hill Business Campus Parking Lot Lighting, 950 Danby Road Linda Luciano stated that the campus is almost 90% full, and some tenants are looking for more space. When they took over, there were three tenants and 150 people; now they have 47 tenants and almost 500 people. Parts of the parking lot are dimly lit or not lit at all, making it a safety concern, and instead of doing the lighting piecemeal, the applicant would like to do all the lighting at once. Part of the lot is rented by Ithaca College, and they have requested additional lighting. She pointed out the three different lots: the visitor lot, the main employee lot, and the south parking lot across from the entrance to IC. They would like to replace the heads on the existing lights with heads with four floodlights in the south parking lot. All lights will be dark -sky compliant. They will also add a couple more lights, one at the path leading to the crosswalk going to IC. In the main entry, they would change out the four heads with heads that shed light in a wider angle and add four more 3 -foot high bollard -style lights at the lobby entry, guiding pedestrians to the front door. There is currently no light on the south end of the main lot, so they would add two new poles and another roof light. They will paint all the poles black since they are now all different colors. They will keep all the existing poles. Mr. Bosak expressed a general concern about light pollution. He recognized that the lights are angled to be within the limits of the code, but wondered why they are not all full cutoff. Ms. Luciano responded that they are flood lights and are made to throw light out and not directly down. There is not an arm that comes out far enough to shoot the light down for the fixtures mounted on the roof. The six there now are not shaded at all, so this is an improvement. In order to use full cutoff for all the fixtures on poles, they would need more poles, and they're trying to utilize the poles they have. PB Resolution No. 2011 -067: SEQR, Preliminary and Final Site Plan Approval, South Hill Business Campus Lighting Improvements, Tax Parcel No.'s 39 -1 -1.1 and 39 -1 -1.2 Moved by Hollis Erb; seconded by George Conneman PB Minutes 09 -06 -2011 Page 2 of 13 WHEREAS: This action is Consideration of Preliminary and Final Site Plan Approval for the proposed parking lot lighting improvements at the South Hill Business Campus, located at 950 Danby Road, Town of Ithaca Tax Parcel No.'s 39 -1 -1.1 and 39- 1 -1.2, Planned Development Zone No. 12 and Office Park Commercial Zone. The proposal involves adding new pole mounted, wall mounted, and bollard lighting, and replacing existing lighting fixtures to improve the outdoor lighting conditions in the main tenant parking lots. Andy Sciarabba, Owner /Applicant; Linda Luciano, Property Manager, Agent., and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board; on September 6, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, a site plan submitted by the applicant entitled "South Hill Business Campus, 950 Danby Road, Ithaca, New York, 14850," specification sheets for the proposed lighting entitled "Archetype Full Cutoff Luminaire" (model AR), "AFL20 Architectural Floodlight" (model AFL -21 -wide angle) , "AFL30 Architectural Floodlight" (model AFL -31 -wide angle), "Low Level Luminaires For Pathways /Courtyards /Entrances" (model B30), 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; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review Act for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed parking lot lighting improvements at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 39 -1 -1.1 and 39- 1 -1.2, Planned Development Zone No. 12 and Office Park Commercial Zone. The proposal involves adding new pole mounted, wall mounted, and bollard lighting along with replacing existing light fixtures to improve the outdoor lighting conditions in the main tenant parking lots. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, Agent. Mr. Wilcox opened the public hearing at 7:17 p.m. and closed the public hearing at 7:19 p.m. PIS Resolution No. 2011 -068: Preliminary and Final Site Plan Approval, South Hill Business Campus Lighting Improvements, Tax Parcel No.'s 39 -1 -1.1 and 39 -1 -1.2 Moved by John Beach; seconded by Hollis Erb PB Minutes 09 -06 -2011 Page 3 of 13 WHEREAS: This action is Consideration of Preliminary and Final Site Plan Approval for the proposed parking lot lighting improvements at the South Hill Business Campus, located at 950 Danby Road, Town of Ithaca Tax Parcel No.'s 39 -1 -1.1 and 39- 1 -1.2, Planned Development Zone No. 12 and Office Park Commercial Zone. The proposal involves adding new pole mounted, wall mounted, and bollard lighting, and replacing existing lighting fixtures to improve the outdoor lighting conditions in the main tenant parking lots. Andy Sciarabba, Owner /Applicant; Linda Luciano, Property Manager, Agent., and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in an environmental review with respect to the project has, on September 6, 2011, 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 a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on September 6, 2011, has reviewed and accepted as adequate a site plan submitted by the applicant entitled "South Hill Business Campus, 950 Danby Road, Ithaca, New York, 14850," specification sheets for the proposed lighting entitled "Archetype Full Cutoff Luminaire" (model AR), "AFL20 Architectural Floodlight" (model AFL -21 -wide angle) , "AFL30 Architectural Floodlight" (model AFL -31 -wide angle), "Low Level Luminaires For Pathways /Courtyards /Entrances" (model B30), and other application materials; NOW THEREFORE BE IT 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 South Hill Business Campus parking lot lighting improvements, as described in a site plan submitted by the applicant entitled "South Hill Business Campus, 950 Danby Road, Ithaca, New York, 14850," specification sheets for the proposed lighting entitled "Archetype Full Cutoff Luminaire" (model AR), "AFL20 Architectural Floodlight" (model AFL - 21 -wide angle) , "AFL30 Architectural Floodlight" (model AFL -31 -wide angle), "Low Level Luminaires For Pathways /Courtyards /Entrances" (model B30), and other application materials; subject to the following conditions: a. Issuance of a building permit is required for the project, and b. All proposed lighting, including the proposed architectural floodlights, shall be fully compliant with the Town's Outdoor Lighting Law (Chapter 173). Vote: Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Final Subdivision Approval for the proposed Cleveland Estates 16 -Lot Subdivision located at 1044 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel PB Minutes 09 -06 -2011 Page 4 of 13 No.'s 39 -1 -9.3 and 39 -1 -11.1, High Density Residential Zone. The proposal involves combining the two existing parcels into one +/- 5.4 acre parcel which will then be subdivided into 13 new building lots, one new lot containing the existing residence at 1044 Danby Road, one lot for open space and the detention pond, and one lot for the new private road. The project will also include the construction of a new road, stormwater facilities and a bike / pedestrian path. Birds -Eye View Properties, LLC, Owner; Travis & Kathy Cleveland, Applicants; Wayne C. Matteson, Jr., P.E., Agent. Mr. Wilcox opened the public hearing at 7:20 p.m. Travis Cleveland and Wayne Matteson were present. Mr. Bosak pointed out that Sheet S -3 states that the pump station can receive and pump up to 3630 gallons per day, but according to the County, this development will use an average input of 4650 gallons of water, with a maximum of 7000. So according to the County, there could be twice as much water coming in than this system has the capacity to pump back out. Mr. Hebdon concluded that some of the lots are not connected to the pump station, but to the gravity system. Fourteen houses will receive water, but only 11 will go through the pump station. Mr. Bosak was concerned because the owner of the existing home will take responsibility for the maintenance of the pump station. This was discussed and Mr. Hebdon pointed out that the Health Department approved it. Mr. Wilcox stated that the County Health Department is satisfied with the plan. He noted that Commonland has a private system with pumps, so this system is not unique. Mr. Bosak wondered whether the Board could mandate that buyers be made aware that it's a private system. Ms. Brock responded that if and when there are buyers, they will form a homeowners' association. The initial proposal is for the developer to lease the houses, so there will be one owner for everything who is responsible for all maintenance and repair of the infrastructure that serves the houses. She has proposed changes to the resolution to assure that the financial capability to meet these responsibilities is there under the one -owner model. Once the homes start selling, the homeowners' association will be formed, and that model will take over. To a question from Ms. Erb regarding overflow, Mr. Cleveland responded that it will first flow into the stormwater pond; it will not run into the basements. Mr. Hebdon added that an alarm will be activated in an emergency, and an autodialer will call the maintenance number. Ms. Erb had a question about using crushed limestone for sidewalks, specifically with regard to keeping it clean in the winter. Mr. Hebdon said it is made to lock together tighter than sand and gravel. Once it's packed down, it's a very hard surface. Mr. Cleveland concurred, saying that he used four inches of crushed limestone for his driveway 15 years ago and has had no issues. It's stone with concrete dust mixed in. Once it rains and is compacted down, it forms like concrete. Ms. Erb asked the applicant to comment about what trees he will be planting. Mr. Cleveland responded that he just planted 15 blue spruce trees on his father's property. He does not have a specific plan, but he said he will plant trees. He's fond of fruit trees. PB Minutes 09 -06 -2011 Page 5 of 13 Mr. Wilcox reminded the Board that they don't see a planting plan at subdivision review. He did suggest planting various types of trees, so all trees won't be lost if a blight comes through. Mr. Bosak noted that landscaping is discussed on Sheet S -2; he found it sufficient for a subdivision plan. Ms. Brock disclosed for the record that one of the applicants provides cleaning services to her home and office. She does not think it poses a conflict of interest or impairs her ability to be impartial. Mr. Wilcox closed the public hearing at 7:50 p.m. Ms. Brock suggested language for the resolution regarding maintenance of the infrastructure; the Clevelands would offer evidence of sufficiency of personal guarantees and continuance of evidence at agreed -on intervals. Mr. Slottje disagreed, suggesting, instead, a bond or letter of credit (LC), which builds in that if there's a change in circumstances, the entity for whom the benefit exists can draw down the LC or take the bond then and there. If there's an issue that does require financial security, it should not be based on anyone's personal financial situation, because if there's a gap after a change in the financial condition, there's no protection. Mr. Cleveland said that the worst that could happen would be that if the LLC couldn't maintain the property, it would go for taxes, and the Town would have to take it over. He said it's a perpetual LLC that's in a good financial position to take care of itself. Mr. Slottje responded that the cost of a bond or an LC should not be prohibitive. The concern is: what happens if something happens to the guarantor? The typical approach is to have a performance bond or contract with a financial institution — an insurance company or a bank. The guarantor simply can't say he doesn't plan to go bankrupt. Mr. Cleveland stated that there's a $1 million insurance policy on the property. Mr. Wilcox pointed out that that doesn't guarantee that the infrastructure is completely built, that if the sewer system fails, it is repaired, or that if the stormwater detention pond facilities fail, they are properly maintained. That's the issue. Mr. Slottje stated that there are two ways to do it. Mr. Cleveland can get a letter of credit, which is like a check from a bank, where the Town is basically the person who can draw on the check. They are usually good for a year, then have to be renewed. They usually cost one point; it could be less if a certain amount is kept in the bank. That allows the Town to look to the issuer of that letter of credit instead of to Mr. Cleveland if there's a problem. The other way is a performance bond, which is basically a contract with an insurance company. It says that if certain things don't happen, the Town gets to draw down those funds. This also allows the Town to look to someone else financially instead of Mr. Cleveland if there's a problem. Mr. Bosak agreed, saying that this isn't about a path going unswept; it's about essential items of the infrastructure needed to keep the homes habitable. Ms. Brock pointed out that different applicants are treated differently, based the project and also based on the assets of the applicant. Institutions like Cornell and IC have the financial wherewithal to assure the Board that they're not going to dissolve the next day, so they don't PB Minutes 09 -06 -2011 Page 6 of 13 always require performance bonds and letters of credit. The Board might not require anything of private developers if there aren't many assets serving the entire development. The Board considers what's being offered to be dedicated to the Town versus what's being held privately to make that determination. She agreed with requiring a letter of credit, performance bond, or an escrow account up front. The sum would need to be determined by the Public Works Department. Mr. Slottje recommended removing language regarding a personal guarantee altogether. Ms. Brock explained that there are a number of developments with homeowners' associations in the Town, and they are normally responsible for this. They have the ability to assess the lot owners and raise the money. The Town needs something to guarantee the security they normally get from a homeowners' association. PB Resolution No. 2011 -069: Final Subdivision Approval, Cleveland Estates 16 -Lot Subdivision, Tax Parcel No.'s 39 -1 -9.3 and 39 -1 -11.1 Moved by Ellen Baer; seconded by Hollis Erb WHEREAS: This action is consideration of Final Subdivision Approval for the proposed Cleveland Estates 16 -Lot Subdivision located at 1044 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 39 -1 -9.3 and 39 -1 -11.1, High Density Residential Zone. The proposal involves combining the two existing parcels into one +/- 5.4 acre parcel which will then be subdivided into 13 new building lots, one new lot containing the existing residence at 1044 Danby Road, one lot for open space and the detention pond, and one lot for the new private road. The project will also include the construction of a new road, stormwater facilities and a bike / pedestrian path. Birds -Eye View Properties, LLC, Owner; Travis & Kathy Cleveland, Applicants; Wayne C. Matteson, Jr., P.E., Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an uncoordinated environmental review with respect to the project has, on August 3, 2010, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. On August 3, 2010, at a Public Hearing, the Town of Ithaca Planning Board granted Preliminary Subdivision approval, with conditions, and 4. On March 7, 2011, the Town of Ithaca Town Board did accept the concept and locations of the public utilities that are proposed to be dedicated to the Town of Ithaca, and 5. The Planning Board, at a Public Hearing held on September 6, 2011, has reviewed and accepted as adequate, drawings titled "Title Sheet" (S -1), "Final Subdivision Plan" (S -2), "Utility Plan and Details" (S -3), "Water and Sanitary Sewer Details" (S -4), "Sanitary Sewer Profiles" (S -5), "Erosion and Sediment Control Plan" (S -6), "Erosion and Sediment Control Details" (S -7), "Retention Pond Details" (S -8), "Road Profile" (S -9), "Maintenance & Protection of Traffic Plan" (S -10), "MPT Notes & Tables" (S -11), and "Materials Details for Type A Sign Supports" (S -12), dated October 2010, prepared by Wayne C. Matteson, Jr. PE; "Final Subdivision Plat ", date of certification November 17, 2010, prepared by Stockwin Surveying; and other application materials, PB Minutes 09 -06 -2011 Page 7 of 13 NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Final Subdivision Approval for the proposed Cleveland Estates 16 -Lot Subdivision located at 1044 Danby Road, as described on the drawings listed above, subject to the following conditions: a. evidence of the necessary approvals of the Tompkins County Health Department on the final,plat regarding the realty subdivision, prior to signing of the plat by the Planning Board chair, and b. submission for signing of one original or mylar copy and three dark -line prints of the final plat by the Planning Board Chair, said plat to be filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to the issuance of any building permits for any houses, and c. submission of a stormwater "Operation, Maintenance, and Reporting Agreement" between the property owner and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to issuance of any building permits for any houses, and d. submission of drainage easements, maintenance schedules / agreements, and /or deed restrictions or other legally sufficient mechanisms for all lots containing stormwater facilities, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to issuance of any building permits for any houses, and e. submission of sanitary sewer and water main easements, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, said easements to be filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to issuance of any building permits for any houses, and f. submission of a letter of credit, performance bond or escrow agreement, with the substance and amounts satisfactory to the Attorney for the Town and Public Works Department, to assure performance of the maintenance, repair and replacement of the facilities and areas utilized by lot residents (such as the road, bike /pedestrian path, retention pond, the open space lot, and the sewage pump station), prior to issuance of any building permits for any houses. If and when lots are to be sold, the above security requirements will be replaced by a requirement for the Applicants to submit documents regarding the creation, operation and responsibilities of a homeowners association or similar entity to own and maintain the road, bike /pedestrian path, retention pond, the open space lot, the sewage pump station, and any other common facilities or areas, satisfactory to the Attorney for the Town, prior to the sale of the first lot. The Applicants must also submit copies of said documents filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing, to the Town of Ithaca Planning Department, prior to the sale of the first lot, and g. submission of record of application for and proof of receipt of all necessary permits from county, state, and /or federal agencies, prior to the issuance of any certificates of occupancy for any houses, and h. the construction of the private road, bike / pedestrian path, stormwater facilities and water and sewer facilities, satisfactory to the Town of Ithaca Public Works Department, are to occur prior to the issuance of any building permits for any houses, and i. submission of temporary construction easements from adjacent landowners to allow the placement and operation of construction equipment and grading, excavation and other construction activities associated with the stormwater retention pond, satisfactory to the PB Minutes 09 -06 -2011 Page 8 of 13 Attorney for the Town and the Town of Ithaca Public Works Department, prior to the issuance of any permits for construction of the stormwater pond. Vote: Ayes: Wilcox, Collins, Coneman, Beach, Baer, Bosak, Erb AGENDA ITEM Consideration of a sketch plan for the proposed 10 -lot subdivision located on Troy Road beginning approximately 1,600 feet south of the Coddington Road and Troy Road intersection, Town of Ithaca Tax Parcel No. 49 -1 -26.2, Low Density Residential Zone. The proposal includes subdividing the +/- 69 acre parcel into 9 frontage lots (approximately 1 acre each) along Troy Road and one large lot containing the remainder of the property. Paul Rubin, Owner /Applicant. Mr. Rubin said that access to the back of the parcel is at the two blank areas on Troy Road between lots 1 and 2 and lots 6 and 7. Mr. Wilcox brought up a concern regarding gaining access to the rear of the parcel through the NYSEG right of way. Mr. Hebdon responded that the only way NYSEG would have a right to tear up a future road is if they can prove that it's impeding their ability to maintain their line. It's the same as a Town sanitary sewer easement: the Town can disturb the area or move something on the easement only if they can prove that it's impairing their ability to do what the easement says they can do. Mr. Rubin owns the land underneath it. Mr. Rubin stated that he doesn't plan to put in a road; he has no plan to develop the 60 acres. Ms. Brock said that state law requires owned access to a road that's on the Town map in order to develop a parcel, and added that Mr. Rubin is not proposing anything right now. The Town has not seen the NYSEG easement. Mr. Rubin stated that he went over the easement with his attorney and a NYSEG representative, who told him not to build anything on the easement (such as a building). He was initially going to put a road there, so he talked to NYSEG. They said that they did not want a road that followed the right of way, but a road can cross it. Mr. Bosak pointed out that a future owner might not like the situation, but that's the applicant's problem. Ms. Erb initiated a discussion of a possible future trail on the larger parcel. Mr. Smith stated that the general idea is to connect the Troy Road Park with the South Hill Rec Way across Coddington Road to the city -owned access. Other landowners would need to be contacted. Ms. Erb's concern is that NYSEG might not want a path across the easement. Mr. Bosak observed that both Troy and Coddington Roads are narrow for all the traffic they have. When it's time to talk about site plan and SEAR, the Board will have to look at traffic. To a question from Mr. Wilcox, Mr. Rubin responded that he'd like to sell the whole property, but it has not sold, so he'd like to try to sell one lot. Regarding shared driveways, he might not do this because it could lead to driveways that are too steep. PB Minutes 09 -06 -2011 Page 9 of 13 Mr. Erb observed that it's unfortunate to see the taking of additional frontage — with big houses along the road front and the big parcel in the back — as opposed to clustering. Mr. Rubin responded that it would be hard to put houses in the back because it slopes down away from the road and the sewer line; it would require a pump station. Ms. Brock stated that even though the Board can require clustering, the objectives of clustering might not be met in this case if it requires building so much extra infrastructure and it's so difficult to build on. Mr. Rubin pointed out that he's not the developer; he just wants to sell the lots. Returning to the future trail, Ms. Erb said it will most likely come through the pump station lot and hit lot ' 6. Mr. Wilcox agreed that the Board will want to see a subdivision that clearly accommodates it. Mr. Rubin responded that he envisions it going between lots 6 and 7, and following the right of way to the back border of his property. Ms. Brock requested that the applicant provide a copy of his easement when he applies for preliminary approval. AGENDA ITEM Consideration of a sketch plan for the proposed 15 -lot subdivision located off Westhaven Road on the private Westhaven Drive, Town of Ithaca Tax Parcel No. 29 -6 -24.1, Medium Density Residential Zone. The proposal includes subdividing the +/- 11.1 acre parcel into 15 new lots along with the extension of new roads. Mark Mecenas & Carolyn Theodore, Owners /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. Larry Fabbroni and Mark Mecenas were present. Mr. Fabbroni described the proposed project. He wanted to make clear to the Board that the applicant was not present for a subdivision approval; he would like to extend the six -inch water main to the location of two existing three - quarter million dollar homes and another home that is under construction. The one under construction will belong to Mr.. Mecenas's parents; Mr. Mecenas lives in one of the existing homes. He worked with the Town and IFD on a driveway that could carry fire vehicles down to the first two homes when they were built. Now that he's building a third house, he's willing to make the investment in the main. He made his request to the Public Works Department, who referred him to the Public Works Committee; they sent them to the Planning Board to discuss a hypothetical subdivision and how that might relate to things that happen in the general area. His handout shows where the area is and that there is not much development between the City line and Westhaven Road. The six -inch main could be extended to the east and north some day to serve future development. Mr. Mecenas wants to build the fire line to provide the ability to save the houses when the fire department needs two hours of water flow at 1000 gallons per minute; a two -inch line or a sprinkler system would not save the buildings. He is not proceeding with a subdivision now or in the foreseeable future. Mr. Wilcox recapped: Mr. Mecenas wants a six -inch water main to service the three properties and is willing to pay for it. Town officials said that If he wants a six -inch main, it needs to serve more properties. In addition to the two existing homes, a subdivision of 15 parcels could be created that this line could serve. Mr. Mecenas agreed that the land might be subdivided into even more lots. The Planning Board is not deciding whether this is a good subdivision. He asked whether that is enough to justify a six -inch water main. PB Minutes 09 -06 -2011 Page 10 of 13 Mr. Hebdon responded that there is currently no reason to put in anything over a two -inch service. The issue came before the Planning Board because the Public Works Committee said they needed to provide a sketch plan showing it would be feasible. Mr. Bosak and other Board members were confused as to why putting in a water main would be a problem if the applicant was willing to pay for it. Mr. Slottje suggested that the Town might have to take over maintenance of the line to the hydrant; this would create a liability. Ms. Erb asked what the maintenance cost would be to the Town. Mr. Bates said that, with the volume of water in the system for those three houses, the Town cannot assure that the water is not sitting stagnant, and are liable to make sure it meets certain standards. The Town issued the permit for the third house with the condition that they put in a two -inch line that Public Works could maintain. Mr. Mecenas wants approval of the future subdivision — an.acceptable plan that would allow him to put in a bigger water main. Public Works maintains that they cannot consider the six -inch main unless the Planning Board thinks the plan is reasonable. Mr. Bosak said that if the point is that the water stagnates, the Board should have nothing to do with this, because it's on the record that nobody plans to put in a subdivision. Mr. Fabbroni responded that in light of what Mr. Bates said, he would propose to extend domestic service off Mr. Mecenas's existing domestic line and just use the main for fire service. That would work past the contamination issue. They're happy to have a dedicated fire line if an exception can be made so he and his parents can have domestic service off his existing domestic line. This way, contamination of the fire line would not be an issue. He asserted that the applicant needs the six -inch service for fire safety. Mr. Fabbroni also stated that they asked for it right up front, but the only way they could get a building permit for the house was to agree to a two -inch line. Mr. Slottje responded that he's resentful that they're attempting to frame this as a safety issue. Mr. Hebdon stated that the DPW sees no reason to put in a six -inch fire line to a hydrant for fire safety. There's a hydrant at the top of the driveway. Once the new hydrant goes in, the Town will have to accept that line. The minute that line breaks after the hydrant goes in, it is a Town liability. There's no getting around the type of hydrant used since only one type is allowed in the Town's system. Mr. Fabbroni agreed that they would have an easement for the water main and the Town would have an easement to maintain the line because it would be a public facility, but maintained that the expense would be no more than for any other line. Mr. Slottje responded that the difference is that this main would go in only because the applicant wants it. Mr. Mecenas got a permit for a two -inch service and is now going in after the fact. Mr. Fabbroni said that it wasn't their preference in the first place; in order to proceed with the house construction during construction season, they had to move forward. Mr. Beach stated that some other entity in the Town had a right to make a decision, but passed it on to the Planning Board. This is a Public Works decision. PB Minutes 09 -06 -2011 Page 11 of 13 Mr. Hebdon responded that it came before the Planning Board because the only reason to put a larger line in is to potentially subdivide. Ms. Erb asked whether a six -inch line is any more likely to rupture than a two -inch line. Mr. Hebdon wanted to make clear that the two -inch line is a service; it's not a main. If that breaks, it is not the Town's responsibility. Mr. Fabbroni said that it is a planning issue because no matter what it ends up being, the rest of the properties need to be served with water. The Town of Ithaca has one water district, so it's easy to legally extend water service. When Mr. Mecenas wants to put in the subdivision in 30 to 40 years, the properties will need water service. He also said that when he was Town engineer, he simply would have approved the main, without going through all the boards and committees. Ms. Erb pointed out that the scenario Mr. Fabbroni described is a Planning Committee and Comp Plan issue. . Mr. Bosak wanted to make three points: 1) this entire discussion is a Public Works issue that has nothing to do with the Planning Board and is not their problem; 2) anyone can see that it's possible to build more houses there without coming before the Planning Board; 3) the fact that everyone is on record saying that no one is going to develop the property in the foreseeable future makes this issue irrelevant. He suggested that it be kicked back to the PWC. Mr. Hebdon responded that Public Works maintains that if the applicant wants a six -inch main, he has to have a project going through the Planning Board that shows he need a six -inch line: a real plan. Mr. Slottje stated that the reason people are kicking it around is because what the applicant is requesting is not required based on the present plan and will result in additional cost to the Town. By putting in a six -inch main, the Town will have to take it over and become liable for it. He does not understand why the applicant wants it based on what the Planning Board knows. He questioned why, in believing that a two -inch main was not sufficient for fire protection, they went ahead and started construction anyway. To a question from Mr. Beach, Mr. Hebdon said that the only benefit to the Town would be for potential future housing. Ms. Collins stated that with adequate fire protection and domestic service, the Board should not waste more time talking about this issue. Mr. Bosak wondered whether the sketch plan process was intended to use this body to discuss a project that is explicitly not going to be built; if not, this business is out of order. Mr. Wilcox responded that a committee sent them to the Planning Board, and the applicant needs to do what he's told. Mark Mecenas stated that when he put in the houses, he was compelled by the ZBA to build a driveway that supported emergency vehicles; his driveway is built to the Town spec for a road. It measures 900 feet from the hydrant on Westhaven Road to his house. He related an event from many years ago regarding a death resulting from a hit and run at the intersection of Hanshaw and Warren roads. It was only a two -way stop at the time; as a result of the accident, it was made a four -way stop. He used this to illustrate how preventive safety measures can be implemented to avoid future disasters. PB Minutes 09 -06 -2011 Page 12 of 13 Ms. Baer wondered whether there is adequate fire protection. Mr. Bosak said that it's the committee's job to make a decision. The Board is not in a position to give them any more information; it's not the Board's business to talk about a plan that is not to be. Mr. Slottje seconded what Mr. Bosak said. He said he was sorry Mr. Mecenas and Mr. Fabbroni had to come before the Board when it wasn't their preference, but that he continued to be resentful that they were laying the fire - safety issue on the Board, because as an engineer, Mr. Fabbroni had something to do with this house being built and should have known at the time it was built whether a two -inch pipe was acceptable for fire protection. Mr. Fabbroni apologized to the Board for being there and stated it was not their intention to deceive the Board. He listed his experience with water systems and said it is highly unusual to deny someone the right to have water on their property. Public comments: Slade Kennedy, 113 Westhaven Road, pointed out his property on the map, and said he shares a back lot line with Mr. Mecenas. His lot depth is 279 feet; there's a hydrant in front of his house, set back five feet from the edge of the road, making it 300 feet max to Mr. Mecenas's front door. A gentleman warned against valuing personal property over something small. He said people should always be kind to each other. He thought it wrong to ask a firefighter to lug the hose that far in all that gear. A woman stated that her property, which is downhill from the applicant's, has been impacted quite a bit by the properties. She has significant concerns about putting any additional infrastructure on that property that would facilitate additional building because of the impact on neighbors who live downhill. Water has run downhill and has put enormous trenches through her property. She pointed out that there are fire hydrants along Elm Street and Westhaven Road. Mr. Wilcox pointed out that the Planning Board is a group of appointed officials of the Town. They do not set policy, but rather follow the rules the elected officials create. This is a policy debate that Public Works sent to the Board because of the subdivision for multiple lots. Ms. Erb commented that it's a very unattractive sketch plan. Mr. Bates said there has been a sliding of facts. The intent of the process proposed by the Public Works Committee was for the applicant to go through the planning process with regards to how they will develop this property with the larger line — to present the whole plan so all aspects, such as water runoff, etc, can be controlled. The idea was that if they could get that approved, then Public Works would approve the main. Without the plan approval, they would not get approval for the main. Responding to an earlier comment by Mr. Fabbroni, Mr. Hebdon said that as the current Town engineer, he would have said no to the project — they don't need more than a two -inch line. AGENDA ITEM Approval of minutes PB Resolution No. 2011 -069a: Minutes of August 2, 2011 Moved by Fred Wilcox; Seconded by Hollis Erb PB Minutes 09 -06 -2011 Page 13 of 13 WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on August 2, 2011; 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 of August 2. Vote Ayes: Wilcox, Collins, Conneman, Beach, Baer, Bosak, Erb PB Resolution No. 2011 -069b: Minutes of August 16, 2011 Moved by Fred Wilcox; Seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on August 16, 2011; 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 of August 16. Vote Ayes: Wilcox, Collins, Conneman, Beach, Bosak, Slottje; Erb Abstentions: Baer AGENDA ITEM Other Business Ms. Erb noted two items of interest: First, the Ithaca Journal reported that the City voted to do commuter parking regulations on Cobb and Pearl Streets. This is in the area of the Belle Sherman Cottages, so it might be of interest to the residents of Worth Street. Second, she saw the new dentist sign at East Hill Plaza and thought it was attractive. Mr. Bosak stated that he saw the welcome center at the Plantations, and that it's wonderful. Ms. Balestra reminded the Board of the New York Planning Federation conference on Oct. 9 -11. Adjournment Upon motion by Hollis Erb, the meeting adjourned at 9:37 p.m. Respectfully submitted, 4�2�r==(2 , (2r,7/L ebra DeAugis ; Deputy 1'o Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, September 6, 2011 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: South Hill Business Campus Parking Lot Lighting, 950 Danby Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed parking lot lighting improvements at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 39 -1 -1.1 and 39- 1 -1.2, Planned Development Zone No. 12 and Office Park Commercial Zone.. The proposal involves adding new pole mounted, wall mounted, and bollard lighting along with replacing existing light fixtures to improve the outdoor lighting conditions in the main tenant parking lots. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, Agent. 7:15 P.M. PUBLIC HEARING: Consideration of Final Subdivision Approval for the proposed Cleveland Estates 16 -Lot Subdivision located at 1044 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 39 -1 -9.3 and 39 -1 -11.1, High Density Residential Zone. The proposal involves combining the two existing parcels into one +/- 5.4 acre parcel which will then be subdivided into 13 new building lots, one new lot containing the existing residence at 1044 Danby Road, one lot for open space and the detention pond, and one lot for the new private road. The project will also include the construction of a new road, stormwater facilities and a bike / pedestrian path. Birds - Eye View Properties, LLC, Owner; Travis & Kathy Cleveland, Applicants; Wayne C. Matteson, Jr., P.E., Agent. 7:45 P.M. Consideration of a sketch plan for the proposed 10 -lot subdivision located on Troy Road beginning approximately 1,600 feet south of the Coddington Road and Troy Road intersection, Town of Ithaca Tax Parcel No. 49 -1 -26.2, Low Density Residential Zone. The proposal includes subdividing the +/- 69 acre parcel into 9 frontage lots (approximately 1 acre each) along Troy Road and one large lot containing the remainder of the property. Paul Rubin, Owner /Applicant. 8:15 P.M. Consideration of a sketch plan for the proposed 15 -lot subdivision located off Westhaven Road on the private Westhaven Drive, Town of Ithaca Tax Parcel No. 29 -6 -24.1, Medium Density Residential Zone. The proposal includes subdividing the +/- 11.1 acre parcel into 15 new lots along with the extension of new roads. Mark Mecenas & Carolyn Theodore, Owners /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. Approval of Minutes: August 2, 2011 and August 16, 2011. 8. Other Business: 9. Adjournment Susan Ritter 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, September 6, 2011 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, September 6, 2011, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:05 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed parking lot lighting improvements at the South Hill Business Campus located at 950 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 39 -1 -1.1 and 39- 1 -1.2, Planned Development Zone No. 12 and Office Park Commercial Zone. The proposal involves adding new pole mounted, wall mounted, and bollard lighting along with replacing existing light fixtures to improve the outdoor lighting conditions in the main tenant parking lots. South Hill Business Campus, LLC, Owner /Applicant; Linda Luciano, Property Manager, Agent. 7:15 P.M. Consideration of Final Subdivision Approval for the proposed Cleveland Estates 16 -Lot Subdivision located at 1044 Danby Road (NYS Route 96B), Town of Ithaca Tax Parcel No.'s 39 -1 -9.3 and 39 -1 -11.1, High Density Residential Zone. The proposal involves combining the two existing parcels into one +/- 5.4 acre parcel which will then be subdivided into 13 new building lots, one new lot containing the existing residence at 1044 Danby Road, one lot for open space and the detention pond, and one lot for the new private road. The project will also include the construction of a new road, stormwater facilities and a bike / pedestrian path. Birds -Eye View Properties, LLC, Owner; Travis & Kathy Cleveland, Applicants; Wayne C. Matteson, Jr., P.E., Agent. 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. Susan Ritter Director of Planning 273 -1747 Dated: Monday, August 29, 2011 Publish:, Wednesday, August 31, 2011 2 1 � "THE ITHAC'�A JON��L Town of Ithaca Planning Board 215 North Tioga Street September 6,20117:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You Name Li KA FDA LuC c n1.c,-, I Address 5013c - 4 5 o T>nbA 20 , 1 0 495n , 53b M. Sr 1 171� cam. 1 �o T�vl . j 2jY&6Xc /08 46 ,6ciq 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, September 6, 2011, 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: August 29, 2011 Date of Publication: August 31, 2011 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 31S` day of August 2011. Notary Public V1Lf'41WI4ork =,- 1*eaPfMew York 877 < E "9ty r 26 e,.:amber 26, CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County Commission Expires December 26, 6? W/