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HomeMy WebLinkAboutPB Minutes 2012-08-21TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday. August 21. 2012 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7;05 P.M, PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Equine Annex Garage Replacement project located at 110 Snyder Hill Road, Town of Ithaca Tax Parcel No. 61-1-19, Low Density Residential Zone. The project involves constructing a new 2,160 +/- square foot pole bam in approximately the same location as the 1,500 +/- square foot garage/shop that was destroyed by fire in 2011. The new pole bam will include a work bay, equipment storage, and hay storage areas. Comell University, Owner/Applicant; Rachel A. Fives, Project Manager, Agent. 7:20 P.M. SEQR Determination: Comell University Fleet Services Consolidation and Parking Area, 209 Solidago Road. 7:20 P,M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed Comell University Fleet Services Consolidation and Parking Area project located at 209 Solidago Road, Town of Ithaca Tax Parcel No. 64-1-2, Planned Development Zone No. 9. The proposal involves constmcting a new 101 vehicle parking lot to consolidate the Comell fleet services. The project will also include new stormwater facilities, outdoor lighting, landscaping, signage, and modifications to the Transportation / Mail Services Building to accommodate the fleet repair and maintenance activities. Comell University, Owner/Applicant; Tammi B. Aiken, P.E., Agent. 7:40 P.M. Consideration of a recommendation to the Town of Ithaca Town Board regarding the establishment of two open development areas by the Town Board for 572 Warren Road and between approximately 930 and 1042 East Shore Drive, in which stmctures exist, but where no street or highway giving access to the stmctures has been placed on an official map or plan (NYS Town Law Section 280-a, Permits for buildings not on improved mapped streets). 6. Approval of Minutes: August 7, 2012 7. Other Business: 8. 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. August 21.2012 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, August 21, 2012, 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 and Special Permit for the proposed Cornell University Equine Annex Garage Replacement project located at 110 Snyder Hill Road, Town of Ithaca Tax Parcel No. 61-1-19, Low Density Residential Zone. The project involves constructing a new 2,160 +/- square foot pole bam in approximately the same location as the 1,500 +/- square foot garage/shop that was destroyed by fire in 2011. The new pole bam will include a work bay, equipment storage, and hay storage areas. Comell University, Owner/Applicant; Rachel A. Fives, Project Manager, Agent. 7:20 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed Comell University Fleet Services Consolidation and Parking Area project located at 209 Solidago Road, Town of Ithaca Tax Parcel No. 64-1-2, Planned Development Zone No. 9. The proposal involves constmcting a new 101 vehicle parking lot to consolidate the Comell fleet services. The project will also include new stormwater facilities, outdoor lighting, landscaping, signage, and modifications to the Transportation / Mail Services Building to accommodate the fleet repair and maintenance activities. Comell University, Owner/Applicant; Tammi B. Aiken, 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 13,2012 Pubhsh: Wednesday, August 15,2012 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Poke, 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 bv the Town of Ithaca Planning Board in the Town of Ithaca Town Hall. 215 North Tioea Street. Ithaca. New York, on Tuesday. August 21. 2012 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 13, 2012 Date of Publication: August 15,2012 Sandra Poke, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 15^*^ day of August 2012. Notary Public : DEBORAH KELLEY Notary Pufiic. State oi New York n N6."01KE6025073 QuallfiedHn Schuyier Countyi ^ -Comfnisatoni^pires May 17,20 Wednesday, AuflMSt15,2012 | THE ITHACA JOURNAl^ TOWN OF ITHACA PLANNING BOARD NdnceoFPu^ HEARINGS Tuesday, August 21, 2012 By direction of the Chair person of the Planning Board, NOTICE IS HEREBY Given that PuWic Hearings will be held by the Planning Board of the Tcnvn of Ithaca on Tuesday, August 21, 2012, at 215 North Tioga Street. Ithaca, N.Y., at the following times and on the followtng matters; 7:05 P.M. ConsiderBtion of Prelim^- ry and Rnal Site Plan Ap- piwaJ and Special Permit for the proposed Cornell UNversity Equine Aruiax parage Replacement pref ect located at 110 Snyder Hi Road. Town of Ithaca Tax Parcel No. 61-1-19, Low Density Residential Zone. The project Invofves constructing a new 2,160 +/• square foot pole bam fci appron'mately the same lo cation as the I.SOO *!■«|U8re loot garage/shop that was.destr(^' by fire in 2011. 'Die new pole bamwill include a worti b^. equiiment storage, and stooge areas. Cornell Unl-versi^, Owner/Appteanl;Rachel A. fW, Pntjecl fvtenager, Agent. 7:20 P.M. Consideration of Prehnine-ry and Final Site Plw Ap proval and Special Approval for the proposed Cor nell University Fleet Serv ices Consolidation and Parking Area fXTjecl locat ed at 209 SoUdago Road,Town of Ithaca Tax Parcel No. 64-1-2. Planned Devel- cpment Zone No. 9. The proposal involves i»n-Structing a new 101 vehicle \perking lot to consolidale *■ the Cornell fleet services. ® The project wa also includenew slormwater feciiities, °Outdoor WghUng. latdscap- " ing. signage. and modrfica- ^dons to the Transportation ®/ Mas Services BuKdlng toaccommodate the fleet re- ^ |»ir and maintenance acUvl- , ties. Cornell Univaielty. *• Aiken,P.E.. Agent.Said Planning Board wll Asaid limes and seid piaeehear e8 persons In supportof such metters or ot^lions tfiereto. Persons may ^pear by agent or in per son. Individuals with visual tmpairments, hearing Impairments or other ape- needs, wfll be provided with assistance as neces sary, upon request. Par sons desiring assistance must make such a request qiK.lipBa than 48 hours prior time of the public Pittas^egtcir of Planning^^747fflttfltl: Monday. August 13, Town of Ithaca Planning Board 215 North Tioga Street August 21, 2012 7:00 p.m. PLEASE SIGN-IN Please Print Clearly, Thank You Name Address TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, August 21, 2012 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox (Chair), Linda Collins, George Conneman, John Beach, Jon Bosak, Eric VanderMaas, Hollis Erb Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Dan Thaete, Town Engineer; Susan Brock, Attorney for the Town; Deb DeAugistine, Deputy Town Clerk 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 Public Hearing : Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Equine Annex Garage Replacement project located at 110 Snyder Hill Road, Town of Ithaca Tax Parcel No. 61-1-19, Low Density Residential Zone. The project in- volves constructing a new 2,160 +/- square foot pole barn in approximately the same location as the 1,500 +/- square foot garage/shop that was destroyed by fire in 2011. The new pole barn will include a work bay, equipment storage, and hay storage areas. Cornell University, Owner/Applicant; Rachel A. Fives, Project Manager, Agent Mr. Wilcox opened the pubic hearing at 7:05 p.m. He announced that the State of New York has legislatively determined that this action has no significant environmental impacts. Ms. Fives and Wayne Davenport, Director of Capital Projects, were present. Mr. Bosak pointed out that the area is sloped. Ms. Fives said that they will excavate so the floor is flat. Mr. Bates verified that the project meets the proper setbacks. Ms. Erb wished to make it clear that she is faculty at the Vet School and also the immediate next-door neighbor to the garage. She has no vested interest in this project other than as a neighbor. She put a description of the project on the listserve for Pine Tree Road and heard from four of the households, who all said that it sounds great. That was the extent of the public input. She’s glad that the building is sprinklered, that it’s farther back from the street, and that they’ll preserve all the trees out front. Mr. Wilcox closed the public hearing at 7:13 p.m. PB Resolution No. 2012-057: Preliminary and Final Site Plan & Special Permit, Cornell Equine Annex Barn Replacement, 110 Snyder Hill Road, Tax Parcel No. 61-1-19 Planning Board Minutes 08-21-2012 Page 2 of 10 Moved by Hollis Erb; seconded by Jon Bosak WHEREAS: 1.This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed Cornell University Equine Annex Garage/Barn Replacement project located at 110 Snyder Hill Road, Town of Ithaca Tax Parcel No. 61-1-19, Low Density Residential Zone. The project involves constructing a new 2,160+/- square foot pole barn in approximately the same lo- cation as a 1,500+/- square foot garage/shop that was recently destroyed by fire. The new pole barn will include a work shop/bay, equipment storage, and hay storage areas. Cornell University, Owner/Applicant; Rachel Anne Fives, Project Manager, Agent, and 2.This is an Type II Action, pursuant to 6 NYCRR Part 617.5 (c) (7), State Environmental Quality Review (SEQR), requiring no further environmental review, and 3.The Planning Board, at a Public Hearing held on August 21, 2012, has reviewed and accepted as adequate a narrative, a set of plans entitled “College of Veterinary Medicine Equine Annex Barn Replacement, Cornell University, Ithaca, New York,” including Sheet T01 titled “Notes I,” Sheet C00 titled “T.G. Miller Topographic Map” (dated 9/30/2001), Sheet C01 titled “Partial Site, Grading and Utilities Plan,” Sheet A01 titled “Floor Plan,” and Sheet A02 titled “Exterior Eleva- tions,” prepared by Kingsbury Architecture LLC, and dated 7/20/2012, and other application materials, NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed Equine Annex Barn Re- placement project at 110 Snyder Hill Road, finding that the standards of Article XXIV, Section 270- 200, Subsections A – L, of the Town of Ithaca Code, have been met, AND BE IT FURTHER 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 de- termined from the materials presented that such waiver will result in neither a significant altera- tion 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 Equine Annex Barn Replacement project at 110 Snyder Hill Road, Town of Ith- aca Tax Parcel No. 61-1-19, as described in Whereas No.’s 1 through 3 above, subject to the fol- lowing conditions: a.Submission of one set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan materials, prior to the application for a building permit, Planning Board Minutes 08-21-2012 Page 3 of 10 b.Submission of a Simple Sediment and Erosion Control Plan, to be reviewed and approved by the Town of Ithaca Public Works Department, prior to the application for a building permit, and c.All lighting shall be angled and shielded to comply with the Town’s Outdoor Lighting Law. Vote: Ayes – Wilcox, Collins, Conneman, Beach, Bosak, VanderMaas, Erb AGENDA ITEM SEQR Determination: Cornell University Fleet Services Consolidation and Parking Area, 209 Soli- dago Road Tammi Aiken explained that some things have changed since sketch plan. They were proposing an additional 30+ parking spaces to the south of the lot, but do not need that. The lot is proposed to be gravel, but they have an alternate out to bid for stone and oil; if they get that, the lot will probably be striped. The packet also includes the erosion control plan and SWPPP. Dan Thaete said that the green infrastructure is there and it’s a very good design. The stormwater facilities are designed for the lot being impervious. If they go with the alternate, their facilities are designed for it. Ms. Aiken said that upon the Board’s request, she provided in the packet a context map showing dis- tances to unique natural areas. It shows 480 feet to McGowan Woods from the east side of the pro- posed parking lot; from the stormwater detention pond to the south, it is 720 feet to an existing small pond and 860 feet to the Cascadilla Creek Natural Area. Regarding density, the total ground coverage for that area, which includes the McGowan Woods UNA, Cascadilla Woods, the built area of the fleet lot, and the teaching dairy barn, is 16 percent. This is the amount of the land within the PDZ that would have structures on it. The PDZ states that the total ground coverage can’t exceed 45 per- cent. Ms. Aiken said that most of the modifications to the building are interior. The exterior modifi- cations to the building include adding one overhead door, a couple windows in the back rooms, a new man door next to the overhead door, and an infill for one of the existing doors on the south side of the mail services building. Regarding the number of parking spaces, Ms. Aiken explained that there’s a difference between the space size of a gravel lot versus stone and oil. When you build a gravel lot, you build standard spaces; the Cornell standard is 10 feet wide. Spaces in a paved lot are 8 ½ feet wide. The alternate is for more parking spaces, and the paved lot is preferred by the applicant. Mr. Wilcox responded that the Town zoning ordinance calls for 180 square feet (10’ x 18’ or 9’ x 20’). The Planning Board can vary from the Town standard. He asked which vehicles will be parked in the lot. Ms. Aiken explained that the 10 or 11 larger vehicles will be parked in a different lot on the other side of the building. The fleet cars are smaller economy cars, like the Toyota Prius and Honda Insight. Ms. Aiken said there will not be new signage for the parking lot or the building structure. The signage referred to was the handicapped parking signage for the existing and proposed lots. Ms. Erb asked whether they will need signage for the van parking spots to restrict people from parking small cars in Planning Board Minutes 08-21-2012 Page 4 of 10 them. Ms. Aiken responded that the fleet is manned and maintained – there are personnel guiding the turnover of vehicles – so there are administrative controls within fleet services over where cars park. Mr. Bates added that this will be a private parking lot; it is not open to the public. It’s an inter- nal Cornell issue. If people don’t follow the rules, Cornell will deal with it. PB Resolution No. 2012-058: SEQR, Preliminary and Final Site Plan Approval, Special Approval, Cornell University Fleet Services Parking Area, Tax Parcel No. 64-1-2, 209 Solidago Road Moved by Hollis Erb; seconded by George Conneman WHEREAS : 1.This action involves the consideration of Preliminary & Final Site Plan Approval and Special Ap- proval for the proposed Cornell University Fleet Services Consolidation and Parking Area project, located at 209 Solidago Road, Town of Ithaca Tax Parcel No. 64-1-2, Planned Development Zone No. 9. The proposal involves constructing a new ±113-space vehicle parking lot to consolidate the Cornell fleet services. The project also includes new stormwater facilities, outdoor lighting, land- scaping, and modifications to the Transportation/Mail Services Building to accommodate the fleet repair and maintenance activities. Cornell University, Owner/Applicant; Tammi B. Aiken, P.E. Agent, and 2.This is a Type I Action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 – Environmental Quality Review, and 3.At their meeting on June 19, 2012, the Planning Board established itself as lead agency to coordi- nate the environmental review of this project, and notified potential involved and interested agencies of its intent to serve as lead agency, and 4.The Planning Board, on August 21, 2012 has reviewed and accepted as adequate a Full Environ- mental Assessment Form Part I, submitted by the applicant, a Part II prepared by Town Planning staff, plans prepared by Cornell University Facilities Engineering, dated July 19, 2012, entitled “Cornell University Fleet Services Parking Area,” with Sheet G-001 titled “Notes, Legends and Submittals,” Sheet C-111 titled “Layout Plan,” Sheet C-121 titled “Grading and Drainage Plan,” Sheet C-151 titled “Landscape Plan,” Sheets C-301 and C-302 titled “Details,” Sheet C-501 titled “Storm Water Pollution Prevention Plan,” and Sheet E-101 titled “Electrical Construction Plan,” along with additional plans prepared by Cornell University Facilities Engineering, dated August 1, 2012, including Sheet A-100 titled “Construction Plan,” and Sheet SA-100 titled “Above Ceiling Framing Plan and Structural Details,” and other application materials, and 5.Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Preliminary & Final Site Plan Approval and Special Approval, NOW THEREFORE BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board makes a negative determination of environmental signifi- cance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based Planning Board Minutes 08-21-2012 Page 5 of 10 on the information in the Full EAF Part I and for the reasons given in the Full EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. Vote: Ayes – Wilcox, Collins, Conneman, Beach, Bosak, VanderMaas, Erb AGENDA ITEM Public Hearing : Consideration of Preliminary and Final Site Plan Approval and Special Approval for the proposed Cornell University Fleet Services Consolidation and Parking Area project located at 209 Solidago Road, Town of Ithaca Tax Parcel No. 64-1-2, Planned Development Zone No. 9. The pro- posal involves constructing a new 101 vehicle parking lot to consolidate the Cornell fleet services. The project will also include new stormwater facilities, outdoor lighting, landscaping, signage, and modifications to the Transportation / Mail Services Building to accommodate the fleet repair and maintenance activities. Cornell University, Owner/Applicant; Tammi B. Aiken, P.E., Agent Mr. Wilcox opened the public hearing at 7:52 p.m. Hearing no one, he closed the public hearing at 7:54 p.m. PB Resolution No. 2012-059: Preliminary and Final Site Plan Approval, Special Approval, Cornell University Fleet Services Parking Area, Tax Parcel No. 64-1-2, 209 Solidago Road Moved by John Beach; seconded by Hollis Erb WHEREAS: 1.This action involves the consideration of Preliminary & Final Site Plan Approval and Special Ap- proval for the proposed Cornell University Fleet Services Consolidation and Parking Area project, located at 209 Solidago Road, Town of Ithaca Tax Parcel No. 64-1-2, Planned Development Zone No. 9. The proposal involves constructing a new ±113-space vehicle parking lot to consolidate the Cornell fleet services. The project also includes new stormwater facilities, outdoor lighting, land- scaping, and modifications to the Transportation/Mail Services Building to accommodate the fleet repair and maintenance activities. Cornell University, Owner/Applicant; Tammi B. Aiken, P.E. Agent, and 2.This is a Type I Action, for which the Town of Ithaca Planning Board, acting as lead agency in environmental review for this project has, on August 21, 2012, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form, Part I submitted by the applicant, and Part II prepared by Town Planning Staff, and The Planning Board, on August 21, 2012 has reviewed and accepted as adequate a Full Environ- 3. mental Assessment Form Part I, submitted by the applicant, a Part II prepared by Town Planning staff, plans prepared by Cornell University Facilities Engineering, dated July 19, 2012, entitled “Cornell University Fleet Services Parking Area,” with Sheet G-001 titled “Notes, Legends and Submittals,” Sheet C-111 titled “Layout Plan,” Sheet C-121 titled “Grading and Drainage Plan,” Sheet C-151 titled “Landscape Plan,” Sheets C-301 and C-302 titled “Details,” Sheet C-501 titled Planning Board Minutes 08-21-2012 Page 6 of 10 “Storm Water Pollution Prevention Plan,” and Sheet E-101 titled “Electrical Construction Plan,” along with additional plans prepared by Cornell University Facilities Engineering, dated August 1, 2012, including Sheet A-100 titled “Construction Plan,” and Sheet SA-100 titled “Above Ceiling Framing Plan and Structural Details,” and other application materials, NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Approval for the construction of the Cornell Universi- ty Fleet Services Consolidation and Parking Lot, as described above, finding that the standards of Chapter 271, Zoning: Special Land Use Districts, Section 271-10, Subsection L (1) and (2) of the Town of Ithaca Code have been met, AND BE IT FURTHER RESOLVED: 1.That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary & Final Site Plan Approval, as shown on the Preliminary & Final Site Plan checklists, having deter- mined from materials presented that a waiver will not result in a significant alteration of the pur- pose of site plan control or the policies enunciated or implied by the Town Board, and 2.That the Town of Ithaca Planning Board grants Preliminary & Final Site Plan Approval for the proposed Cornell University Fleet Services Consolidation and Parking Area, as described in the application materials referenced in “Whereas #3” above, subject to the following conditions: a.Submission of one original set of the approved Final Site Plan drawings on mylar, vellum or paper, revised to show the ±113 parking lot spaces, signed and sealed by the registered land surveyor, engineer, architect or landscape architect who prepared the site plan materials, prior to the application for a building permit, and b.All lighting shall be angled and shielded to comply with the Town’s Outdoor Lighting Law, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board finds the applicant has shown good cause, and there are no adverse effects on the project, on the surrounding properties, or on the neighborhood in a reduction of the standard size of some or all of the parking spaces to 153 square feet, exclusive of circulation and turning areas. Vote: Ayes – Wilcox, Collins, Conneman, Beach, Bosak, VanderMaas, Erb AGENDA ITEM Consideration of a recommendation to the Town of Ithaca Town Board regarding the establishment of two open development areas by the Town Board for 572 Warren Road and between approximately 930 and 1042 East Shore Drive, in which structures exist, but where no street or highway giving ac- cess to the structures has been placed on an official map or plan (NYS Town Law Section 280-a, Per- mits for buildings not on improved mapped streets) Planning Board Minutes 08-21-2012 Page 7 of 10 Mr. Wilcox asked how these lots became landlocked without road access. Ms. Brock responded that it is unknown how Glove House became completely landlocked. Mr. Bates has looked back through the files and can’t find anything. There have been ZBA actions dealing with use variances on that parcel, but no mention of access issues. Previous to her coming on as Attorney for the Town, the ZBA would grant variances to this requirement because reading 280-a, on its face, it looks like they can do so. But there is case law that says the ZBA has no power to grant a variance to access a road unless the land- locked property owner has an ownership interest in the strip that leads to the road providing access. When she became the Attorney for the Town, she told the ZBA they had to stop doing that. As far as she knows, none of the properties in question received variances. There is nothing on record. Mr. Bates said it must have failed to be acknowledged at the time it was done. Mr. Wilcox stated that there is one parcel on Warren Road that has no legal access to a road. On East Shore Drive, there are numerous residences that do not have frontage on a Town road, principally because of the railroad. Some of those residences are in the Town because of a land swap with the City done a number of years ago. Mr. Brock said that the resolutions recommend that the Town Board create these open development areas, which is the way to make everything legal. Basically, people can buy easements or rights-of-way over someone else’s property to get access when they’re landlocked. The only way to make it legal is to have the Town Board create an open development area. This doesn’t mean there’s going to be more development than is there now, it just gives Mr. Bates the legal ability to issue building permits – spe- cifically, permits “for the erection of a building.” It doesn’t say whether there’s nothing there and they’re putting up a building or that there’s a substantial addition. So to make it clean, it’s best to just create open development areas for these properties, and there will never be any legal question as to Code Enforcement’s ability to issue building permits. Mr. Bates said that these are basically parcels that currently have a structure on them. Staff find the parcels as they go. These are the parcels the department has dealt with often. Ms. Brock said that on some of the properties, especially on East Shore Drive, entire structures have been knocked down and new structures have been built. Glove House had a fire in the 1980s, for example. On East Shore drive, structures have been knocked down and completely rebuilt much more recently. Ms. Erb pointed out that the sailing club had to cross the railroad tracks. It’s also a clever device to allow the Town to put conditions on the property, like the owner must maintain the easement, and it has to be to a certain standard. Mr. Bates said that these are not all the parcels, but the ones staff have been dealing with on a regular basis. Ms. Brock added that the parcels under consideration are already developed, have been devel- oped for some time, and Code Enforcement staff just want to clean it up so there’s no question that there’s an ability to issue building permits – not variances, since 280-a deals only with the issuance of building permits. The creation of the zone doesn’t change any of the zoning requirements – it purely allows the code office to issue permits for structures on those parcels if they meet the other require- ments in the code. Mr. Bosak asked for clarification on the 40-foot right-of-way. Ms. Brock explained that it simply means that access needs to be provided through the right of way, not that the entire width has to be used. Planning Board Minutes 08-21-2012 Page 8 of 10 Just like a Town road, where the right of way extends well beyond the width of the paved area, access just needs to be adequate for emergency vehicles to get in. A woman spoke who said that she made a purchase offer on the Warren Road property and is now worried that if the regulations are too strict, they won’t be able to use the space for the purpose they intend, which is a Chinese Cultural Center. She wondered if this would prevent them from putting on an extension or, if the project doesn’t do well, changing to a different project. Ms. Brock responded that the 280-a issue is completely separate from the use they’re proposing, so they might still have to go to the ZBA for a use variance if the use isn’t allowed in the code. They’re two separate issues. The ability to issue building permits is the issue being dealt with. Another woman had a question about the implications of an open development area. Mr. Bates re- sponded that it gives his office the ability to issue permits. Without this, he would have to deny any building permits, even for an addition, because there’s no frontage onto a road. Mr. Bosak commented that it’s an unfortunate choice of words – it sounds more like it’s saying “you can do whatever you want there.” PB Resolution No. 2012-060: Recommendation to Ithaca Town Board Regarding Proposed Estab- lishment of an Open Development Area for 572 Warren Road, Tax Parcel No. 72.-1-2.12 Moved by John Beach; seconded by Hollis Erb Whereas , pursuant to New York Town Law § 280-a(4), on July 23, 2012, the Ithaca Town Board re- ferred the potential establishment of an open development area for the 572 Warren Road parcel to the Ithaca Planning Board for its advice, and Whereas , the 572 Warren Road parcel, which has been improved with a residential structure built many years ago, is landlocked and does not directly abut a street that is on the Town of Ithaca’s Offi- cial Map, and Whereas , access from the 572 Warren Road parcel to Warren Road, which is on the Official Map, is achieved by a 40-foot right of way across adjoining property, and Whereas , the 572 Warren Road property owner’s attorney has represented to the Planning Board’s attorney that he has tried without success to obtain access in fee to Warren Road, and Whereas , the Planning Board has considered maps and other materials regarding this matter, Now, therefore, be it resolved: That the Planning Board recommends to the Ithaca Town Board that an open development area for the 572 Warren Road parcel be established, subject to the following conditions: a.No future subdivision of the parcel shall occur unless acceptable road access is obtained for the future parcels pursuant to Town Law §§ 280-a(1) and (2), Planning Board Minutes 08-21-2012 Page 9 of 10 b.The 40-foot right-of-way from the parcel to Warren Road, as shown on a map titled Survey Map, No. 572 Warren Road, Town of Ithaca 72.-1-2.12, Tompkins County, New York, pre- pared by Clarence W. Brashear Jr., Licensed Land Surveyor, dated June 22, 1995, and as shown on a map titled ALTA/ACSM Survey Map No. 602 Warren Road, Town of Ithaca, Tompkins County, New York, prepared by Darrin A. Brock, L.S., T.G. Miller P.C., dated May 5, 2005 and last revised December 29, 2009, shall remain in place, c.The driveway to the parcel shall remain paved or be constructed of gravel or other hard sur- face and be sufficient to support the passage and weight of emergency vehicles, and d.All future deeds, easements, and rights-of-way for all or part of the parcel shall contain the fol- lowing provision: “This conveyance is made and accepted subject to the open development ar- ea conditions approved by the Town Board of the Town of Ithaca on _________________.” [list date] Vote: Ayes – Wilcox, Collins, Conneman, Beach, Bosak, VanderMaas, Erb PB Resolution No. 2012-061: Recommendation to Ithaca Town Board Regarding Proposed Estab- lishment of an Open Development Area for Certain Parcels along East Shore Drive Moved by Eric VanderMaas; seconded by George Conneman Whereas , pursuant to New York Town Law § 280-a(4), on July 23, 2012, the Ithaca Town Board re- ferred to the Ithaca Planning Board for its advice the potential establishment of an open development area for certain parcels on the west side of East Shore Drive that do have direct access to East Shore Drive, and Whereas , over a period of many years, these parcels have all been improved with structures, and Whereas , these parcels do not directly abut a street that is on the Town of Ithaca’s Official Map with- in the meaning of New York Town Law § 280-a(4), because a railroad parcel owned by Pennsylvania Lines LLC lies between the portions of the parcels containing the structures and East Shore Drive, and Whereas , access from these parcels to East Shore Drive, which is on the Official Map, is achieved by various easements and rights-of-way across the railroad parcel, and Whereas , the Planning Board has considered maps and other materials regarding this matter, Now, therefore, be itresolved That the Planning Board recommends to the Ithaca Town Board that an open development area be established for the parcels on the west side of East Shore Drive as follows: 913 East Shore Drive and 930 East Shore Drive through 1106 East Shore Drive, subject to the following conditions: Planning Board Minutes 08-21-2012 Page 10 of 10 a. No future subdivisions of the parcels shall occur unless acceptable road access is obtained for the future parcels pursuant to Town Law §§ 280-a(l) and (2), b. Easements or rights-of-way from each parcel to East Shore Drive shall exist at all times, c. The drives from East Shore Drive to the parcels shall be paved or be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, and d. All future deeds, easements, and rights-of-way for all or part of each parcel shall contain the following provision: "This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on llist date] Vote: Ayes - Wilcox, Collins, Conneman, Beach, Bosak, VanderMaas, Erb AGENDA ITEM Adjournment Upon a motion by Hollis Erb the meeting adjourned at 8:45 p.m. Respectfully submitted, ra DeAugWine, Deputy TownNplerk