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HomeMy WebLinkAboutPB Minutes 2013-03-05TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday. March 5. 2013 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Petrillose Properties 2-Lot Subdivision, 103 Wiedmaier Court. 7;05 P,M, PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 103 Wiedmaier Court, Town of Ithaca Tax Parcel No. 56-4-1.24, Medium Density Residential Zone. The proposal involves subdividing the vacant 38,470 +/- square foot lot into two lots (Lot 2A is 23,410 +/- square feet. Lot 2B is 15,060 +/- square feet) for the construction of two new two-unit residential buildings. Petrillose Properties, LLC, Owner/Applicant; Noah Demarest, STREAM Collaborative, Agent. 7:25 P.M. SEQR Determination: Holochuck Homes LLC 2-Lot Subdivision, Trumansburg Road. 7;25 P,M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located on the north side of Trumansburg Road/NYS Route 96, Town of Ithaca Tax Parcel No. 24.- 3-3,2, Low Density Residential Zone. The proposal involves subdividing off a 0.443 +/- acre parcel from Tax Parcel No. 24-3-3.2, and consolidating it with the adjacent parcel (Tax Parcel No. 26-4-42) that contains the Seventh Day Adventists Church (1219 Tmmansburg Road). This proposal is not creating any new lots. Holochuck Homes LLC, Owner/Applicant; David Parks, Attorney, Agent. 7:40 P.M. SEQR Determination: Heritage Park Townhouses 3-Lot Subdivision, 129 and 135 Kendall Avenue. P.M, PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 3-lot subdivision located at 129 and 135 Kendall Avenue, Town of Ithaca Tax Parcel No.'s 54-4-36 and 54-4-37, High Density Residential Zone. The proposal involves subdividing off a parcel of land from the east side of 129 Kendall Avenue and from the west side of 135 Kendall Avenue, which will then be consolidated to create a new 9,356 +/- square foot lot between them. Heritage Park Townhouses, Owner/Applicant; Lawrence J. Fabbroni, Agent. 7:55 P.M. SEQR Determination: Carroll Lot Line Modifications, 651 and 655 Five Mile Drive. 7i55 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed lot line modifications located at 651 and 655 Five Mile Drive, Town of Ithaca Tax Parcel No.'s 31-2-24, 31-2-25.2, and 31-2-25.3, Low Density Residential Zone. The proposal involves moving several of the lot lines to create a 0.747 +/- acre lot containing the existing house at 655 Five Mile Drive (Tax Map No. 31-2-24), a 0.689 +/- acre lot containing the existing house at 615 Five Mile Drive (Tax Map No. 31-2-25.2), and a 3.824 +/- acre lot containing the existing cell tower (Tax Map No. 31-2-25.3). This proposal is not creating any new lots. Donn K. Carroll, Owner/Applicant. 10. Approval of Minutes: February 5, 2013. 11. Other Business: 12. 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 MEETING Tuesday, March 5, 2013 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Fred Wilcox(Chair), Linda Collins,John Beach,Jon Bosak, Yvonne Fogarty, Hollis Erb,Joseph Haefeli (Alternate) Staff Present: Chris Balestra, Planner; Mike Smith, Planner; Bruce Bates, Director of Code Enforce- ment; Creig Hebdon, Civil 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 - Peter Rogers, a lifetime Ithaca resident, talked about the stretch on East Shore Drive from the city line to Esty's Hill. He fishes and spends a lot of time down there and said that it's an accident waiting to happen. His son told him the speed limit was lowered from 55 to 45. The lane is only around 11 feet wide, and some of the trucks that go down it are wider than that.The down- shifting trucks sound like a war. He has to wait sometimes several minutes to cross the road.Years ago, the area used to be rental cottages. He doesn't see much enforcement. Cars and trucks often go up the hill at 50 to 60 miles per hour. He had a meeting with the Ithaca mayor the first Monday of the year. He has suggested a Tompkins County personal income tax. Mr.Wilcox suggested he also address the Ithaca Town Board. Mr. Rogers said the property tax increases of 2 to 3 percent per year, over 10 years, are hard on some people. Property values have not gone up at the same rate.At the end of the day, people are driving out of the city, because they have jobs in the city but can't afford to live there. His idea would be a personal income tax, exempting whatever is necessary, up to maybe $60,000. Ithaca is a very loving, sharing, caring community. President Obama wants to tax the rich, and there are a lot of rich people in Ithaca. Jon Bosak said that, as a property owner in the Town who doesn't have any income, he rather likes the idea. He asked the attorney if there is a legal basis for doing income taxes at that level of govern- ment. Ms. Brock responded that she has never looked at it, so she doesn't know. The Town Board can't just institute whatever tax it wants. It has to be given that authority by the State Legislature, so unless the Town Board has specific authorization in the New York State tax law, they can't do it. But she's never looked to see who can institute a personal income tax. It may be that the places downstate that have it have had special legislation authorizing it. Mr. Rogers noted that the mayor said that the issue of a local income tax has come up. Ms. Brock explained that cities have charters and they operate under their charters and under a New York State law called the General City Law; towns do not have charters and they operate under the New York Town Law and the General Municipal Law. Ms. Erb suggested that Mr. Rogers try addressing the sheriff's department or state police since the Town has no police force. Planning Board Minutes 03-05-2013 Page 2 of 15 AGENDA ITEM SEQR Determination: Petrillose Properties 2-Lot Subdivision, 103 Wiedmaier Court Noah Demarest and Chris Petrillose were present. Mr. Demarest said they have updated drawings. The plans have changed significantly in response to the comments from the last meeting.They've reduced the square footage of the buildings as well as the impervious surfaces.TG Miller has redone stormwater calculations and submitted them to Mr. Hebdon for his review. The prior plan that was approved was not capturing much of the impervious runoff on the site because the rain garden there was designed to pick up runoff from the main road that comes in. This isn't uncommon because in a in a residential subdivision, you don't necessarily have to treat the runoff from a single-family home. They're proposing to add a second rain garden that's roughly the same size as the original,which will capture most of the runoff from the buildings and the driveway. Disconnected downspouts will sheet drain in a swale to the rain garden from most of the roofs. They are pitching all the driveways to a gravel strip filter at the end that will have an underdrain that will pipe into the rain garden. They have added a temporary construction fence directly on the line of the limit of no disturbance. They met with the ZBA,who were hesitant to vote until the subdivision approval was in place, so they tabled it. Mr. Petrillose said he talked to Diane Florini regarding his intentions, where he lives, and what he's looking to do. He said she now feels comfortable. Mr.Wilcox noted that Ms. Florini sent an email to the Board. Mr. Demarest stated that they shifted the buildings away from the area of no disturbance. He provid- ed a grading plan that shows they can build the buildings without any impacts outside that fence line. Mr. Bosak commented that the real issue was the way the rest of the land has been treated. He asked whether the Board has recourse to compel them. Ms. Brock responded that it was the feeling of staff that the restoration plan from 2008 was essentially complied with. Ms. Erb thanked them for downsizing the buildings. She said it looks like one of the rain gardens crosses a lot line onto an adjacent lot. Mr. Demarest confirmed that the existing rain garden does cross the lot line. Ms. Brock said that it was not supposed to be crossing the lot line; they didn't place it exactly right. There's a condition in the resolution of approval to address it. Ms. Erb appreciates the six-foot fence to protect the area of no disturbance. She asked whether the few saplings in the mown area would be lost. Mr. Demarest responded that anything outside the fence will be lost. Ms. Erb asked about construction parking and staging. Mr. Demarest replied that the buildings will be constructed one at a time, but will be completed at the same time; one won't be oc- cupied before the other is complete.The driveway should be sufficient area for staging materials, plus there are the garages. Ms. Erb does not want to see staging on lot 1 because there is a creek on that side and damaged area. Mr. Demarest said that it was determined at the ZBA meeting that the stream is not on the map; they also determined that the building is more than 50 feet away from the stream. The Board determined that the County letter was moot since the applicant is compliant. Mr. Bosak noticed that the acreage on the survey map says lot 2, before subdivision, is 0.896 acres, but the figure in square footage given is 0.883 acres. Mr. Demarest responded that there were two different surveyors.The first survey was done by Reagan when the property was purchased in 2012. Planning Board Minutes 03-05-2013 Page 3 of 15 Reagan did the survey for the whole subdivision, so it's a different scale,which might have impacted the calculations. TG Miller definitely went out in the field and looked at every stake and recalculated it; Mr. Demarest was not sure that Mr. Reagan did the same. Ms. Fogarty asked how the area of no disturbance will be protected when the fence is taken down. Mr. Demarest responded that on the site plan they submit for the building permit, it will be designat- ed as a no-mow natural area. Ms. Fogarty commented that tenants do all kinds of things, like dig up a garden or put up a swing set. Mr. Petrillose responded that it will be in the lease that they can't do modifications to the lawn or go beyond the area that is mown. He will maintain the lawn. If he notic- es anything, like kids out there, the tenants will get a letter. Mr. Bates suggested that the Board might want to consider what happens if Mr. Petrillose no longer owns the property. Ms. Brock thought there were deed restrictions. Ms. Balestra said the deed restrictions are only for pesticide and herbi- cide use, not for the limit of no disturbance. There are notations on the map so future owners see that there's a limit of no disturbance on the subdivision plat itself. There's also the issue of enforce- ment,which is a larger issue with any of these subdivisions. She said that if the Board wants to see preservation of vegetation, the COC will have to move the tree-preservation ordinance higher up on the list. Ms. Fogarty wondered whether it would be possible to have a fence that takes that area out of use. Mr. Bosak replied that a fence would look ugly. Mr. Demarest suggested signage as one option to explore. PB Resolution No. 2013-009: SEAR, Preliminary and Final Subdivision Approval, Petrillose 2-Lot Subdivision, 103 Wiedmaier Court, Tax Parcel No. 56.4-1.24 Moved by Hollis Erb; seconded by John Beach WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 24ot subdi- vision located at 103 Wiedmaier Court, Town of Ithaca Tax Parcel No. 56-4-1.24, Medium Densi- ty Residential Zone. The proposal involves subdividing the vacant 38,470 +/-square foot lot into two lots (Lot 2A is 23,410 +/-square feet, Lot 2B is 15,060 +/-square feet) for the construction of two new two-unit residential buildings. Petrillose Properties, LLC, Owner/Applicant; Noah De- marest, STREAM Collaborative,Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoor- dinated review with respect to Subdivision Approval, and 3. The Planning Board on March 5, 2013, has reviewed and accepted as adequate a Short Environ- mental Assessment Form Part I, submitted by the applicant, a Part II prepared by the Town Plan- ning staff, a narrative describing the proposal, a survey map entitled "Subdivision Map Showing Lands of Petrillose Properties, LLC, Located at No. 103 Wiedmaier Court, Town of Ithaca, Tompkins County, New York," dated 12/14/2012, prepared by T.G. Miller P.C., a plan titled "Wiedmaier Court Subdivision 2013 Update - Lot 2 Petrillose Subdivision Rain Garden Sizing Calculations," dated 2/11/2013, a set of sheets prepared by STREAM Collaborative, titled "Pe- trillose Properties, Weidemaire Court Lot#2, Town of Ithaca, NY," including sheet L100 titled "Site Layout Plan," dated Jan. 3, 2013, revised Sheet L100, dated Feb, 12, 2013, sheets L101 and Planning Board Minutes 03-05-2013 Page 4 of 15 L102 titled "Illustrative Views," dated Nov. 30, 2012, and Sheet L201 titled "Grading Plan," dat- ed Feb. 12, 2013, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental signifi- cance 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 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 action 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, Haefeli, Beach, Bosak, Fogarty, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 103 Wiedmaier Court, Town of Ithaca Tax Parcel No. 56-4-1.24, Medium Density Residential Zone. The proposal involves subdividing the vacant 38,470 +/-square foot lot into two lots (Lot 2A is 23,410 +/-square feet, Lot 2B is 15,060 +/-square feet) for the construction of two new two-unit residential buildings. Petrillose Properties, LLC, Owner/Applicant; Noah De- marest, STREAM Collaborative,Agent. Mr.Wilcox opened the public hearing at 7:39 p.m. and closed the public hearing at 7:40 p.m. PB Resolution No. 2013-010: Preliminary and Final Subdivision Approval, Petrillose 2-Lot Subdivision, 103 Wiedmaier Court, Tax Parcel No. 56.4.1.24 Moved by John Beach; seconded by Hollis Erb WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdi- vision located at 103 Wiedmaier Court, Town of Ithaca Tax Parcel No. 56-4-1.24, Medium Densi- ty Residential Zone. The proposal involves subdividing the vacant 38,470 +/-square foot lot into two lots (Lot 2A is 23,410 +/-square feet, Lot 2B is 15,060 +/-square feet) for the construction of two new two-unit residential buildings. Petrillose Properties, LLC, Owner/Applicant; Noah De- marest, STREAM Collaborative,Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an uncoordi- nated review with respect to Subdivision Approval, has on March 5, 2013, made a negative de- termination 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 Planning Board Minutes 03-05-2013 Page 5 of 15 3. The Planning Board on March 5, 2013, has reviewed and accepted as adequate a narrative de- scribing the proposal, a survey map entitled "Subdivision Map Showing Lands of Petrillose Prop- erties, LLC, Located at No. 103 Wiedmaier Court, Town of Ithaca, Tompkins County, New York," dated 12/14/2012, prepared by T.G. Miller P.C., a plan titled "Wiedmaier Court Subdivi- sion 2013 Update - Lot 2 Petrillose Subdivision Rain Garden Sizing Calculations," dated 2/11/2013, a set of sheets prepared by STREAM Collaborative, titled "Petrillose Properties, Weidemaire Court Lot#2, Town of Ithaca, NY," including sheet L100 titled "Site Layout Plan," dated Jan. 3, 2013, revised Sheet 1,100, dated Feb, 12, 2013, sheets L101 and L102 titled "Illus- trative Views," dated Nov. 30, 2012, and Sheet L201 titled "Grading Plan," dated Feb. 12, 2013, and other application materials, NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the pro- posed two-lot subdivision located at 103 Wiedmaier Court, as shown on the survey map titled "Subdivision Map Showing Lands of Petrillose Properties, LLC, Located at No. 103 Wiedmaier Court, Town of Ithaca, Tompkins County, New York," dated 12/14/2012, prepared by T.G. Mil- ler P.C., subject to the following conditions: a. Granting of the necessary variances from the Town of Ithaca Zoning Board of Appeals, prior to signing of the plat by the Planning Board Chair, and b. Prior to signing of the plat by the Planning Board Chair, revision of the subdivision plat to: (1) note the declaration of restriction reference that is located in the upper right corner of the former survey map ("Survey Map - Lands of Clare George Wiedmaier, dated 8/2012"), regarding construction on the rain gardens, (2) show the area of no disturbance that is noted on Sheet L100 - "Site Layout Plan," dated January 3, 2013 and revised February 12, 2013, and (3) add the statement that "there shall be absolutely no disturbance including grading, storage of materials,vehicle parking, etc. in the designated no disturbance area," and c. Submission for signing by the Chairman of the Planning Board of an original copy of the final subdivision plat, and three dark-lined prints, revised per condition "b" above, 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 d. Submission of an easement and maintenance agreement for the shared driveway between Lots 2A and 2B, for review and approval by the Attorney for the Town, and submission to the Town Planning Department of the filing receipt from the Tompkins County Clerk's Office for the filing of the approved agreement, prior to the application for any building permits, and e. Submission of an easement and maintenance agreement for the existing rain garden located between newly created Lot 2B and original Lot 4, for review and approval by the Attorney for the Town, and submission to the Town Planning Department of the filing receipt from the Tompkins County Clerk's Office for the filing of the approved agreement, prior to the application for any building permits, and Planning Board Minutes 03-05-2013 Page 6 of 15 f. Approval of a final stormwater management plan and associated calculations by the Town Public Works Department, prior to the application for any building permits, and g. To protect the restored woods, embankment, and stream located on the site, construction fencing shall be installed prior to construction on any of the lots and shall remain until a certificate of occupancy is issued for the last unit constructed. Said fencing shall delineate the boundaries of the "allowable limits of disturbance" that is noted on Sheet 1_100 - "Site Layout Plan," dated January 3, 2013 and revised February 12, 2013, as carried over from former sheet CO3, titled "Lots 1-4 Plan" of the "2007 Update Wiedmaier Court Subdivision," date-stamped April 9, 2010, and h. Incorporation in all deeds of future homeowners of a statement that pesticide and herbicide use on their properties should be limited, as the entire area drains into the Six Mile Creek Watershed and City of Ithaca water supply, and i. Imposition of deed restrictions, subject to the approval of the Attorney for the Town, that prohibits the construction or erection of any structures on the new rain garden on Lot 2B and on the swale of Lot 2A, both as shown on the Site Layout Plan, Sheet 1_100, prior to the application for any building permits. Vote Ayes: Wilcox, Collins, Haefeli, Beach, Bosak, Fogarty, Erb AGENDA ITEM SEQR Determination: Holochuck Homes LLC 2-Lot Subdivision, Trumansburg Road David Parks was present. He explained that the land they are proposing subdividing off is a 32 400t strip of land immediately adjacent to the Seventh Day Adventist Church. The church has requested they be allowed to purchase the parcel.They presently mow it and use it as their own. Mr. Bosak said the surveyor's description of the property refers to the boundary at Cluster Road; he assumed it was referring to a road on the proposed subdivision. He asked whether there is a physical road of any kind there yet; Mr. Parks responded that there isn't. Mr. Hebdon explained that it's a paper road. Mr. Bates stated that the road does have a proper name now: on the subdivision map filed with the County, the official name of the road is Timber Ridge Road. The main access drive is Wood Hollow Road. Ms. Brock stated that it doesn't really matter - the Board is voting on a map and the map clearly shows the land to be conveyed. Ms. Fogarty asked whether it is true that the Holochuck property is for sale. Mr. Parks verified that the entire subdivision, as approved, is for sale; it is listed on the multiple-listing service. The transfer of the slope to New York State is in progress. PB Resolution No. 2013.011: SEAR, Preliminary and Final Subdivision Approval, Holochuck 2- Lot Subdivision, Trumansburg Road/NYS Route 96, Tax Parcel No. 24.3-3.2 Moved by Hollis Erb; seconded by Linda Collins WHEREAS: Planning Board Minutes 03-05-2013 Page 7of15 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 24ot subdi- vision located on the north side of Trumansburg Road/NYS Route 96, Town of Ithaca Tax Parcel No. 24.-3-3.2, Low Density Residential Zone. The proposal involves subdividing off a 0.443 +/- acre parcel from Tax Parcel No. 24.-3-3.2, and consolidating it with the adjacent parcel that con- tains the Seventh Day Adventists Church. Holochuck Homes LLC, Owner/Applicant; David Parks,Attorney,Agent, 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 March 5, 2013, has reviewed and accepted as adequate a Short Environ- mental Assessment Form Part I, submitted by the applicant, and Part 11 prepared by the Town Planning staff, a survey map entitled "Subdivision Plat, Lands to be Conveyed to New York Con- ference Association of Seventh Day Adventists," dated 01/22/2013, prepared by Keystone Asso- ciates, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental signifi- cance 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 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 action 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, Haefeli, Beach, Bosak, Fogarty, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 24ot subdivision located on the north side of Trumansburg Road/NYS Route 96,Town of Ithaca Tax Par- cel No. 24.-3-3.2, Low Density Residential Zone. The proposal involves subdividing off a 0.443 +/- acre parcel from Tax Parcel No. 24-3-3.2, and consolidating it with the adjacent parcel(Tax Parcel No. 26-4-42) that contains the Seventh Day Adventists Church (1219 Trumansburg Road). This proposal is not creating any new lots. Holochuck Homes LLC, Owner/Applicant; David Parks,Attorney, Agent Mr.Wilcox opened the public hearing at 7:55 p.m. Mr. Rogers stated that he does not like seeing taxable lands transferred to non-taxable status, even though it's a small piece. It might affect the value of his property. He said that 70% of the property in the area is non-taxable, and when that happens, everyone else has to pick up the burden. He would be afraid that if the strip of land were sold for a lot of money, it might raise the assessment on his prop- Planning Board Minutes 03-05-2013 Page 8 of 15 erty. Mr.Wilcox responded that the Planning Board doesn't take that into account;what the Board does is makes sure things are done according to Town regulations. He encouraged Mr. Rogers to take his concerns to the Town Board. Mr. Rogers said he worries that if the church owns the property, they will be able to build on it. Ms. Balestra said that there are easements on the parcel, which may make building on parts of it difficult. Ms. Brock added that it is illegal to zone out churches from residential zones. They are allowed uses in low density residential. Ms. Balestra said Mr. Rogers's parcel, the Cayuga Ridge parcel, the Prosperi parcel, the Seventh Day Adventist parcel, and several other parcels along that strip are in a medium density residential zone. The church is a principal use that is permitted by special permit of the Plan- ning Board. The strip of land in question is zoned low density residential. If that strip is transferred to the church, the zoning can be left as is. Mr. Rogers asked whether the church could expand their parking lot north, up to his property line. Mr. Bates responded that they would have to come before the Planning Board and possibly the Zon- ing Board for a variance. Mr. Parks pointed out that the Holochuck property value will not change as a result of this transfer; they will not get any discounts. Mr. Rogers commented that the church pays around $160 per year in taxes. He'd like the strip to be transferred with conditions that nothing be built on it. Ms. Brock asked Mr. Rogers whether there is anything on that strip that would merit special protection. Mr. Rogers responded that there isn't. He's been helping to maintain it. He will now submit a bill to Mr. Holochuck for his maintenance. Mr. Wilcox closed the public hearing at 8:10 p.m. PB Resolution No. 2013-012: Preliminary and Final Subdivision Approval, Holochuck 2-Lot Subdivision, Trumansburg Road/NYS Route 96, Tax Parcel No. 24.3.3.2 Moved by John Beach; seconded by Hollis Erb WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 24ot subdi- vision located on the north side of Trumansburg Road/NYS Route 96, Town of Ithaca Tax Parcel No. 24:3-3.2, Low Density Residential Zone. The proposal involves subdividing off a 0.443 +/- acre parcel from Tax Parcel No. 24.-3-3.2, and consolidating it with the adjacent parcel that con- tains the Seventh Day Adventists Church. Holochuck Homes LLC, Owner/Applicant; David Parks,Attorney, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency with respect to Subdivision Approval, has on March 5, 2013, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmen- tal Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Plan- ning staff, and Planning Board Minutes 03-05-2013 Page 9 of 15 3. The Planning Board on March 5, 2013, has reviewed and accepted as adequate a survey map enti- tled "Subdivision Plat, Lands to be Conveyed to New York Conference Association of Seventh Day Adventists," dated 01/22/2013, prepared by Keystone Associates, and other application ma- terials, NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the pro- posed 2-lot subdivision located on the north side of Trumansburg Road/NYS Route 96, as shown on the survey map titled "Subdivision Plat, Lands to be Conveyed to New York Conference Asso- ciation of Seventh Day Adventists," dated 01/22/2013, prepared by Keystone Associates, subject to the following conditions: a. Signing by the Chairman of the Planning Board of an original 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. Within six months of this approval, consolidation of the 0.443 +/-acre parcel with Tax Parcel No. 26.4.42, and submission of evidence of such consolidation to the Town of Ithaca Planning Department. Vote Ayes:Wilcox, Collins, Haefeli, Beach, Bosak, Fogarty, Erb AGENDA ITEM SEQR Determination: Heritage Park Townhouses 3-Lot Subdivision, 129 and 135 Kendall Avenue Lawrence Fabbroni, engineer/surveyor, and his son Larry, architect, were present. Mr. Fabbroni said the total frontage of the property is about 250 feet. The original subdivision, done in 1896, had five 50-foot lots. Mr. Ronsvalle bought the property from Mr. Thorp and built two 2-family homes on either side of the lot they now want to subdivide.The lots would be in excess of the 9000-square-foot minimum for two-family homes. This will leave legal side yards for the existing homes. It's a fairly level site. Mr. Hebdon asked where the parking is for the existing houses. Mr. Fabbroni responded that parking is in the rear.Asked about driveways, Mr. Fabbroni said that there's room enough for two driveways, side by side, one that goes with lot 3 and one that goes with lot 2. Each driveway will be on its own lot. Mr. Fabbroni said there are two dwelling units in each building, one being half the size of the other. Ms. Erb pointed out that this is infill development. Ms. Fogarty asked whether the plan meets the new stream setback laws. Mr. Fabbroni responded that it's not really a stream, and even so, the building would be beyond the setback line. Mr. Smith stated that the stream setback map that goes with the Town's local law shows that the only stream in the whole Kendall Ave area would require a 35-foot setback, so these houses would be well beyond that Planning Board Minutes 03-05-2013 Page 10 of 15 distance. Ms. Brock would like the stream to be shown on the plat; for subdivision and site plan ap- provals, the stream has to be shown. Ms. Fogarty pointed out that parking is in the back, not far from where the water is running. Ms. Brock noted that parking lots are not allowed in zone 1 or zone 2. She wanted to verify whether the stream on the map is the stream that runs near this property. Mr. Bates and Mr. Hebdon determined that it is a regulated stream on the stream setback map.A regulat- ed stream is one that the Town has identified as a stream that needs protection. Mr. Fabbroni pointed out that the back of the house would be roughly 70 feet into the lot, so it would be 52 feet to the back of the property and another 10 feet to the center of the stream. The parking area leaves 25 feet to handle parking in the back of the house. Ms. Brock quoted the Town law: "the Planning Board shall require the delineation and identification of any stream setback zones on all subdivision plats and site plans for properties to which this [stream setback law] applies." She concluded that the plat needs to be revised prior to the chair signing it. PB Resolution No. 2013-013: SEAR, Preliminary and Final Subdivision Approval, Heritage Park Townhouses 3-Lot Subdivision, 129 Si 135 Kendall Avenue, Tax Parcel No.'s 54.4.36 and 544.37 Moved by Hollis Erb; seconded by Yvonne Fogarty WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 34ot subdi- vision located at 129 and 135 Kendall Avenue, Town of Ithaca Tax Parcel No.'s 54-4-36 and 54-4- 37, High Density Residential Zone. The proposal involves subdividing off a parcel of land from the east side of 129 Kendall Avenue and from the west side of 135 Kendall Avenue,which will then be consolidated to create a new 9,356 +/-square foot lot between them. Heritage Park Townhouses, Owner/Applicant; Lawrence J. Fabbroni,Agent, 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 March 5, 2013, has reviewed and accepted as adequate a Short Environ- mental Assessment Form Part I, submitted by the applicant, and Part I1 prepared by the Town Planning staff, a survey map entitled "Subdivision Plat - 3-Lot Subdivision", dated 9-10-12, pre- pared by Lawrence P. Fabbroni, LLS, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental signifi- cance 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 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 action as proposed, Planning Board Minutes 03-05-2013 Page 11 of 15 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, Haefeli, Beach, Bosak, Fogarty, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 34ot subdivision located at 129 and 135 Kendall Avenue, Town of Ithaca Tax Parcel No.'s 54-4-36 and 54- 4-37, High Density Residential Zone. The proposal involves subdividing off a parcel of land from the east side of 129 Kendall Avenue and from the west side of 135 Kendall Avenue,which will then be consolidated to create a new 9,356 +/-square foot lot between them. Heritage Park Townhouses, Owner/Applicant; Lawrence J. Fabbroni,Agent. Mr. Wilcox opened the public hearing at 8:30 p.m. and closed the public hearing at 8:31 p.m. PB Resolution No. 2013.014: Preliminary and Final Subdivision Approval, Heritage Park Townhouses 3-Lot Subdivision, 129 & 135 Kendall Avenue, Tax Parcel No.'s 54.4.36 and 54.4.37, Town of Ithaca Planning Board Moved by Hollis Erb; seconded by Jon Bosak WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 34ot subdi- vision located at 129 and 135 Kendall Avenue, Town of Ithaca Tax Parcel No.'s 54-4-36 and 54-4- 37, High Density Residential Zone. The proposal involves subdividing off a parcel of land from the east side of 129 Kendall Avenue and from the west side of 135 Kendall Avenue, which will then be consolidated to create a new 9,356 +/- square foot lot between them. Heritage Park Townhouses, Owner/Applicant; Lawrence J. Fabbroni,Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency with respect to Subdivision Approval, has on March 5, 2013, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmen- tal Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Plan- ning staff, and 3. The Planning Board on March 5, 2013, has reviewed and accepted as adequate a survey map enti- tled "Subdivision Plat - 3-Lot Subdivision", dated 9-10-12, prepared by Lawrence P. Fabbroni, LLS, 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 Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, hav- ing determined from the materials presented that such waiver will result in neither a significant Planning Board Minutes 03-05-2013 Page 12 of 15 alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the pro- posed three-lot subdivision located at 129 and 135 Kendall Avenue, as shown on the survey map titled "Subdivision Plat - 3-Lot Subdivision", dated 9-10-12, prepared by Lawrence P. Fabbroni, LLS, subject to the following condition: a. revision of a subdivision plat to delineate and identify stream setback zones as required by Town Code Section 270-219.5 D(14), and b. submission for signing by the Chairman of the Planning Board of an original copy of the final subdivision plat and three dark-lined prints, revised as required by condition (a), above, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department. Vote Ayes:Wilcox, Collins, Haefeli, Beach, Bosak, Fogarty, Erb AGENDA ITEM SEQR Determination: Carroll Lot Line Modifications, 651 and 655 Five Mile Drive Mr. Carroll stated that he recently purchased 655 Five Mile Drive.The intention in the long run is perhaps to do construction.With the modification, lot 651 will get slightly smaller, lot 655 will get considerably smaller, and the lot with the cell tower in the back will get much larger. If he ever choos- es to sell lot 655, an easement along the south line would allow a loop drive to provide easy access to the parcel in the back. He is in the process of selling lot 651; he will keep the remaining two lots. Ms. Fogarty asked why he wants to expand the size of the cell tower parcel. Mr. Carroll responded that it's all floodplain. The only place it makes any sense to build is roughly where the little shed is and to the north, right across the line.The setbacks on the two rear lots would make it impossible to build on. Ms. Fogarty thought that if he built anything on the cell tower lot, it would be very difficult to sell. Mr. Carroll responded that he would build on the scale of a service building - something he would be inclined to hang onto. Ms. Erb asked about the plantings on the cell tower property. Mr. Carroll responded that they're not doing well. There was a dry season, and the deer have been relentless. Most of the trees that Verizon planted are dead. Trees that small need wire to protect them. Mr. Bates asked what will happen to the shed.With the subdivision, it will become a principal struc- ture on the property. Mr. Carroll said it will be taken down; it used to be a chicken house that was simply picked up and moved to its present location from another property. Mr. Bates said there's no principal structure on the property, so therefore the shed would be an accessory use and would not be permitted.The subdivision will make that building a non-conforming use. Mr.Wilcox explained that the purpose of the zoning law is to ensure that the Town of Ithaca doesn't have lots with only garages or chicken coops on them. It is not permitted to have a garage or a shed as the only structure on a Planning Board Minutes 03-05-2013 Page 13 of 15 property. Mr. Bates pointed out that a shed is an accessory use to something that is a principal use. The shed needs a variance or to be torn down. Ms. Fogarty suggested that Mr. Carroll may want to reconsider the subdivision, depending on what he wants to build there. Mr. Carroll said he did not realize that he can't build a workshop first, then turn part of it into an apartment; he'd have to do both. Mr. Bates advised the Board to set a time limit for the shed being removed and that it would need to happen prior to the final plat being filed. Mr.Wilcox agreed that the Board can't approve a subdivi- sion that creates a violation. The discussion returned to trees. Ms. Balestra stated that the preliminary resolution from the cell tower project said that any diseased or damaged trees needed to be replaced with similar non-invasive species six inches in diameter. Mr. Beach asked who is responsible for maintaining the trees: Mr. Carroll or the cell tower owners. Mr. Carroll responded that Verizon didn't want to hear from him about the types of trees that were planted. He didn't think he should be messing around with the trees that Verizon planted. Ms. Balestra quoted from the final site plan approval resolution, which states in condition g. "Any diseased, damaged, or fallen trees within the no-cutting area shall be replaced with similar, non- invasive species with minimum 4" diameter at breast height." The Board did not specify who needed to pay for them, just that they needed to be replaced. Ms. Erb stated that the no-cut area is the radius that shows around the base of the tower, which means that the triangle where there's some missing trees would not be included in that resolution. Mr. Bosak asked whether the area under discussion is the same as the one covered under the granted easement. If it is, it seems to indicate it's up to the cell phone company. Ms. Erb commented that the Board [in 20081 was extremely interested in those trees. She said she doesn't care that there were deer and drought, they should have been protected, and if they're missing, they should be replanted, according to the resolution. The whole issue was covering the base of the cell tower. Ms. Brock said that the Board can hold either the owner (Mr. Carroll) or the applicant(Verizon) to the conditions. She suggested adjourning the meeting until the Board can get clarification as to who is going to be responsible for replacing the trees that failed. Mr. Carroll stated that if he had been involved in the choice of trees or encouraged to take any part in that, he would have a different atti- tude. He likes trees. He's planning to put a hedgerow in between 651 and the parcel behind it. He doesn't have deep enough pockets to put in the kind of trees Verizon did. He was not encouraged to make any decision about trees and he doesn't think it's fair to expect him to take responsibility for the trees that failed. He understands that, as the property owner, he's right there with Verizon. He'd like to pursue their responsibility, too, because they did discourage him from taking any part whatso- ever in the trees. Ms. Brock doesn't have a problem with Town staff contacting Verizon and saying they're responsible, but she would like to know that the issue is resolved and that they have committed to doing that.As it is now, this property is not in compliance with the site plan or there's a strong possibility that that's the case. She is in favor of having staff investigate, and if they determine that it's not in compliance, Planning Board Minutes 03-05-2013 Page 14 of 15 they can take steps to persuade Verizon to replace the trees. It's a good idea to get that taken care of before moving forward. Once the SEQR is done, the clock starts running. Mr. Bosak pointed out that there was a typo in the public hearing notice.The Board determined that the error was not legally significant Ms. Collins agreed that the responsible party needs to be clarified. Mr. Bates said he would go after the property owner if he had to cite someone, then it would be between Mr. Carroll and Verizon to work it out. His suggestion is for Mr. Carroll to come back with an explanation to the Board as to who is going to be responsible. Ms. Erb asked what enforcement the Town has against Verizon should Mr. Carroll come back and say that Verizon is entirely responsible for the trees. Ms. Brock responded that there is a site plan for their tower. Ms. Fogarty asked whether Verizon came before the Board to negotiate this. Mr. Carroll said the terms were pounded out in front of the Planning Board. He came away with no understand- ing that the trees were his responsibility.Verizon planted the original trees. Ms. Fogarty said it seems that Verizon thought the trees were their responsibility. Mr. Wilcox added that Verizon wanted a tower there and they were going to put some trees in. Ms. Balestra pointed out that there are a num- ber of trees within the fall zone, within Verizon's specific lease area, so there a number that would be up to Verizon; then there are a number that are outside that zone. The Board was in favor of delaying review of the subdivision. Ms. Balestra agreed to make an informal call to Verizon's attorney and say it looks like they're in vio- lation of the site plan. She will do a landscape inspection. Ms. Brock said that under the Town's subdivision chapter, it says that "the Planning Board may re- fuse preliminary or final subdivision approval to a subdivider as long as the subdivider or any person or entity under or in the control of such subdivider is in default in the performance of any actions required of them pursuant to law..." In light of that, she thinks a two-week delay is reasonable to try and work this out and put some pressure on Verizon Wireless. Ms. Brock also recommended that the grant of easement be revised because the tree preservation plan attached to the easement shows the area of no cutting, but the line follows the current property line, which will disappear with the subdivision. Future generations won't know where the line is because there are no measurements on it, no description saying how many feet from what. It's a matter of a simple revision on the tree preservation plan that adds a few measurements for clarity for future refer- ence. Mr.Wilcox moved and Ms. Fogarty seconded adjourning the consideration of this matter to the meeting of March 19. Ms. Fogarty suggested that Ms. Balestra get in writing any agreement she might come to with Verizon. Ms. Brock agreed. AGENDA ITEM Approval of Minutes Planning Board Minutes 03-05-2013 Page 15 of 15 Approval of Minutes PB Resolution No, 2013-015: Minutes of February 5, 2013 Moved by Fred Wilcox; seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on February 5; now therefore be it RESOLVED, the Town of Ithaca Planning Board approves the minutes to be the final minutes of the meeting on February 5. Vote: Ayes: Wilcox, Collins, Fogarty, Erb Abstentions: Beach, Bosak, Haefeli AGENDA ITEM Adjournment Upon a motion by Ms. Erb, the meeting adjourned at 9:21 p.m. Respectfully submitted, ebra DeAWistine, Deputy Tbwn Clerk -s ~__ / -s. S.-