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HomeMy WebLinkAboutPB Minutes 2014-04-15TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday. April 15. 2014 AGENDA 7:00 P.M. SEQR Determination: Heritage Park Townhouses 3-Lot Subdivision, 249 Coddington Road. 7:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed three-lot subdivision located at 249 Coddington Road, Town of Ithaca Tax Parcel No. 54.-7-40, High Density Residential Zone. This revised proposal involves subdividing the 24,633+/- square foot lot into a 10,871+/- square foot lot (Lot 1 - new house under construction), a 10,737+/- square foot lot (Lot 2 - containing existing bam and shed), and a 3,025+/- square foot lot (Lot 3 -to be consolidated with Tax Parcel No. 54-7-39). Heritage Park Townhouses, Inc., Owner/Applicant. 7:20 P.M. SEQR Determination: Frandsen 2-Lot Subdivision, 209 Tudor Road. 7:20 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 209 Tudor Road, Town of Ithaca Tax Parcel No.'s 57.-1- 8.168 and 56.-3-13.30, Medium Density Residential Zone. The proposal involves modifying the property lines between the two parcels to create a 17,051+/- square foot lot (west lot - containing existing house at 209 Tudor Road) and a 17,701+/- square foot lot (east lot - vacant). Frandsen Real Property LLC and William P. Frandsen, Owners/Applicants; Elizabeth A. Reiter, Agent. 7:40 P.M, PUBLIC HEARING: Consideration of a Recommendation to the Zoning Board of Appeals for a sign variance for the proposed Veteran Volunteer Firemen Association sign located at 638 Elmira Road, Town of Ithaca Tax Parcel No. 33.-3-5.1, Light Industrial Zone. The proposal involves the replacement of an existing self-illuminated copy-change sign, approximately 37+/- square feet in area and 7+/- feet tall, located in the front yard of the Veteran Volunteer Firemen Association property, with a new self-illuminated copy-change sign in the same location. Copy-change signs are not permitted in the Light Industrial Zone and the existing copy-change sign never received a recommendation by the Planning Board or approval from the Zoning Board of Appeals. Robert Travis, Ithaca Veteran Firemen Association, Owner; Craig Christopher, Applicant/Agent. 6. Persons to be heard 7. Approval of Minutes: March 18, 2014. 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 MEETING Tuesday, April 15, 2014 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Linda Collins,Joseph Haefeli (Alternate),John Beach, Yvonne Fogarty, Paula Wedemeyer,Jon Bosak, Hollis Erb Staff Present: Sue Ritter, Director of Planning; Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Creig Hebdon, Town Engineer; Susan Brock,Attorney for the Town; Deb DeAugistine, Deputy Town Clerk Call to Order Ms. Erb called the meeting to order at 7:02 p.m. and accepted the secretary's posting of the public hearing notices. AGENDA ITEM SEQR Determination: Heritage Park Townhouses 3-Lot Subdivision, 249 Coddington Road Mr. Fabbroni said they worked with the Robertses on ways to buffer their property from the subdivi- sion, and the proposed plan is the result of those discussions. They added landscaping and drainage improvements to deal with some existing situations and the additional runoff that the two homes will create farther up the slope. Mr. Fabbroni recently talked to Mr. Roberts about adding forsythia to where they show the white pines. They're working with Public Works to put a biofilter type of im- provement just east of the parking area to meet the before and after peak runoff restriction and limit the amount of runoff that will go down to the Rec Way. They intend to ask for a variance for the barn; they will most likely remove the shed to a property in Lansing. Ms. Erb thanked him for working with the neighbor and addressing the County's concerns. Mr. Beach asked about the unused Pennsylvania Avenue. He's concerned that when tenants have parties, their friends will park in the road. He wondered whether there's a way to specify in the lease that the tenants agree to dissuade their friends from parking on that road so the landlocked neighbor doesn't have an issue getting in and out. Mr. Beach said he wasn't intending this to be a condition of approval. Mr. Fabbroni said that he will pass the request along to Mr. Ronsvalle, whose desire is to be a good neighbor. In the extreme, he could be notified and enforce it as the landlord. Mr. Haefeli noted that there was discussion at the last meeting about signage to keep people from parking on Pennsylvania Avenue. He recommended there also be a hedgerow-landscape solution to separate the properties from the driveway - to create a visual barrier to discourage people from park- ing in the driveway. Mr. Fabbroni suggested putting landscaping just north of the last parking space. Ms. Erb asked him about his earlier comment regarding swapping out some white pines for forsythia. Planning Board Minutes 04.15.2014 Page 2 of 13 Mr. Fabbroni said they plan to intermix them so there will be something green to look at in the win- ter time.Also, the forsythia will fill in after awhile and screen the Roberts property more. The white pines would be more on a mound than what's shown in the drawing. The ditch and the mound were meant to limit how far east the cars can go; they will also efficiently pick up runoff from the house site and the parking area. Ms. Erb said that a new subdivision plat would be needed to reflect the variation of white pine and forsythia and the additional landscaping to the north of the parking area. Ms. Balestra said there's already a condition of approval to show final maps. Ms. Brock pointed out that some of the landscaping proposed would be on the Pennsylvania Avenue parcel, but that the Planning Board could not condition an offsite improvement. She also pointed out that the turnaround and part of one parking space weren't on Lot 1. It's been determined that Heri- tage Park Townhouses has the implied easement to use Pennsylvania Avenue for ingress and egress, but it's not clear whether they have the right to use it for any other purpose, such as parking and land- scaping. The drainage improvements are fine because they serve the road itself. Mr. Fabbroni suggested shifting the parking to the south so all eight spaces are on Lot 1. He would eliminate the turnaround and, to satisfy Mr. Haefeli's request, he would put a split-rail fence along the property line at the end of the parking area. Mr. Haefeli wasn't convinced that the suggestion would prevent people from parking along Pennsyl- vania Avenue. Mr. Bates didn't think the Board had any control regarding what happened along Pennsylvania Ave- nue; the Town has no jurisdiction. It would be up to the property owners to figure out how to resolve the issue. Ms. Brock said Mr. Haefeli's point was a fair one. He's talking about what can happen on Lots 1 and 3 to discourage people from parking anywhere on Pennsylvania Avenue and then trying to cut over. He's not trying to mandate that anything happen on the Pennsylvania Avenue parcel. Ms. Erb commented that given the topography, she thinks even a low fence would be a serious dis- couragement. Mr. Hebdon pointed out that they wouldn't want a fence or plantings on the sewer easement. Mr. Fabbroni suggested a fence from the sewer easement to half way up the house. Ms. Erb said she would be happy with a clean delineation showing where the parking lot stops, with a very clear notification, and to leave it to Mr. Ronsvalle to make it clear in his leases that this is where you park, and to leave it to Mr. Roberts to call as much as he needs to until the word gets through. She thought Mr. Fabbroni's suggestion was sufficient. Planning Board Minutes 04.15.2014 Page 3 of 13 Mr. Hebdon pointed out that there's a drainage ditch just above the house where the weeper is. They're not going through there even with an SUV. Mr. Haefeli said that maybe a vegetation solution might work better than a fence because people might back into it. Mr. Fabbroni would be happy with a line of forsythia if that accomplished the Board's purpose. PB Resolution No. 2014.019: SEQR, Preliminary and Final Subdivision Approval, Heritage Park Townhouses 3-Lot Subdivision, 249 Coddington Road, Tax Parcel No. 54.-7-40 Moved by John Beach; seconded by Paula Wedemeyer WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed three-lot subdivision located at 249 Coddington Road, Town of Ithaca Tax Parcel No. 54.-7-40, High Den- sity Residential Zone. This revised proposal involves subdividing the 24,633+/-square foot lot into a 10,871+/-square foot lot(Lot 1 -new house under construction), a 10,737+/-square foot lot(Lot 2 - containing existing barn and shed), and a 3,025+/-square foot lot(Lot 3 -to be con- solidated with Tax Parcel No. 54-7-39). Heritage Park Townhouses, Inc., Owner/Applicant; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to Subdivision Approval; and 3. The Planning Board on April 15, 2014, has reviewed and accepted as adequate a revised Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, a survey map entitled "Subdivision Plat, 249 Coddington Road, Town of Ithaca, County of Tompkins, State of New York," prepared by Lawrence Peter Fabbroni, dated 12-14-13, revised 1-14-14 and 1-25-14, and other application materials; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance 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 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Vote Ayes: Erb, Collins, Haefeli, Beach, Fogarty, Wedemeyer, Bosak Planning Board Minutes 04.15.2014 Page 4 of 13 AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed three-lot subdivision located at 249 Coddington Road, Town of Ithaca Tax Parcel No. 54.-7-40, High Density Residential Zone. This revised proposal involves subdividing the 24,633+/-square foot lot into a 10,871+/-square foot lot(Lot 1 -new house under construction), a 10,737+/-square foot lot (Lot 2 - containing existing barn and shed), and a 3,025+/-square foot lot(Lot 3 -to be consolidated with Tax Parcel No. 54-7-39). Heritage Park Townhouses, Inc., Owner/Applicant Ms. Erb opened the public hearing at 7:32 p.m. Mr. Roberts thanked Mr. Fabbroni and Mr. Ronsvalle for working with him to come up with this compromise. He's not totally happy about two houses there, but noted that everyone has been very civil. He appreciates the Planning Board facilitating this outcome and thinking of all the possible chal- lenges that could come up. He mentioned that a Town crew came out to the Rec Way where he has a water problem.About three weeks ago when there was some thaw and some rain, the water in the low area came up and covered his pipes. This is a new situation partly connected with what Ithaca College has done across the street,where there's a large pond instead of hundreds of trees, so the water isn't soaking in and is now coming down next to his house. He had to go out with a pick and opened up a walkway from Mr. Iacovelli's property. He's still concerned. He will have a meeting with Mr. Iacovelli and Mr. Fabbroni to see if there's excavation they can do to contain that water. He hopes the Town will help keep that water flowing away from his house. Mr. Hebdon said that Mr. Thaete said we will keep close track of it. There's been a lot of rainfall. Under their old design procedures, they used to just put 10-year storm pipes in; about two years ago, they made a choice to go to 25-year storm pipes. Some of the older infrastructure may be a bit under- sized for the new reality. Mr. Fabbroni said Mr. Iacovelli built a footpath to the Rec Way that has created a dam for the rail- road ditch. It may be as simple as opening up the railroad ditch again. He's sure that's obstructing the flow right now because there's just a tiny pipe under it. That's the preferable solution to putting a new pathway under the Rec Way, because the number one rule is not to divert flow to someplace else. Ms. Erb closed the public hearing at 7:42 p.m. PB Resolution No. 2014.020: Preliminary and Final Subdivision Approval, Heritage Park Townhouses 3-Lot Subdivision, 249 Coddington Road, Tax Parcel No. 54.-7-40 Moved by Joseph Haefeli; seconded by Yvonne Fogarty WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed three-lot subdivision located at 249 Coddington Road, Town of Ithaca Tax Parcel No. 54.-740, High Den- sity Residential Zone. This revised proposal involves subdividing the 24,633+/-square foot lot into a 10,871+/-square foot lot(Lot 1 -new house under construction), a 10,737+/-square foot Planning Board Minutes 04.15.2014 Page 5 of 13 lot(Lot 2 - containing existing barn and shed), and a 3,025+/-square foot lot(Lot 3 -to be con- solidated with Tax Parcel No. 54-7-39). Heritage Park Townhouses, Inc., Owner/Applicant; 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 April 15, 2014, made a negative determination of environmental significance, after having reviewed and accepted as adequate a revised Short Envi- ronmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff; and 3. The Planning Board on April 15, 2014, has reviewed and accepted as adequate a survey map enti- tled "Subdivision Plat, 249 Coddington Road, Town of Ithaca, County of Tompkins, State of New York," prepared by Lawrence Peter Fabbroni, dated 12-14-13, revised 1-14-14 and 1-25-14, 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 alteration of the purpose of subdivision control nor impair 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 subdivision located at 249 Coddington Road, Town of Ithaca Tax Parcel No. 54.-7-40, as shown on the revised survey map entitled "Subdivision Plat, 249 Coddington Road, Town of Ithaca, County of Tompkins, State of New York," subject to the following conditions: a. Granting by the Zoning Board of Appeals of any necessary variances associated with the pro- posal, prior to the signing of the plat by the Chairperson of the Planning Board, and b. Prior to issuance of any building permits for any structures on Lot 2, the Lot 2 owner must submit a stormwater mitigation plan, approved by the Town Engineer, that prevents the post. construction stormwater runoff rate for stormwater generated on site from exceeding the pre, construction stormwater runoff rate, and c. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the final subdivision plat, revised to i. contain a statement that the barn on Lot 2 will be demolished (if a variance is not granted for it to remain), ii. eliminate the parking areas on the Pennsylvania parcel and shift parking to the south, iii. add a shrub hedge along the north side of Lot 1 beginning just off the west edge of the sewer easement and extending approximately 70 feet west, iv. revise the note regarding the shed to read "shed to be removed," V. add dimensions for the back lot lines for Lots 1 and 2, and vi. revise the vegetation note east of the parking area to indicate "white pines intermixed with forsythia," and Planning Board Minutes 04.15.2014 Page 6 of 13 d. Submission of a shared driveway and parking agreement and easements for review and approval by the Attorney for the Town prior to filing with the Tompkins County Clerk's Office, and sub- mission of proof of filing to the Town of Ithaca Planning Department, and e. Within six months of this approval, consolidation of Lot 3 (3,025+/-square feet)with Tax Parcel No. 54-7-39, and submission of a copy of the consolidation request to the Planning Department. Vote Ayes: Erb, Collins, Haefeli, Beach, Fogarty, Wedemeyer, Bosak AGENDA ITEM SEQR Determination: Frandsen 2-Lot Subdivision, 209 Tudor Road Charles Guttman, attorney for Mr. Frandsen, said that right now there are two awkwardly shaped lots: one with a house and another that is vacant. The lot with the house is sufficient in terms of its depth; the vacant lot has no frontage. Everyone is confused as to how these two triangular-shaped lots were created since the original plan was for two rectangles. They're trying to move it back to the way it should have been.Approval will be contingent on the ZBA approving two deficiencies that both exist now: the shed in the front yard and the depth of the lots. The newly drawn lots will reduce the defi- ciency: right now the vacant lot has no frontage, but afterwards, each lot will have about 114 feet of frontage and each lot will be over 17,000 square feet. They will be consistent with the other lots in the neighborhood. To a question from Mr. Bosak, it was determined that the deeds spell the lots out as two triangles - they do not conform to the approved subdivision plat. For the environmental review, Ms. Brock said that when the Town gets a subdivision proposal, it is literally to create an additional lot - there's no application for a building permit for a house yet. But because the clear intent is that a house will be built there, the environmental review needs to look at the impacts of that as best we can, not knowing exactly what the house will be.We have been treating subdivisions that come in as if homes were going to be built on the lots that are approved. If some- thing were coming in for a zoning change, but the zoning would allow a whole multitude of types of development and the applicant had no plans yet for what it was, then you might just look at the im- pacts of the zoning change. If someone were coming in for a zoning change to facilitate the construc- tion of a shopping center - even though no application was in yet for the shopping center, so nobody knew the footprint or how big, but they still knew it was going to be a shopping center stemming from that zoning change - then you look at the impacts, not only of the zoning change, but the shop- ping center impacts as well, as best you can. PB Resolution No. 2014-021: SEQR, Preliminary and Final Subdivision Approval, Frandsen 2-Lot Subdivision, 209 Tudor Road, Tax Parcel No.'s 57.-l-8.168 and 56.-3-13.30 Moved by Linda Collins; seconded by John Beach Planning Board Minutes 04.15.2014 Page 7 of 13 WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2 4ot subdi- vision located at 209 Tudor Road, Town of Ithaca Tax Parcel No.'s 57:1-8.168 and 56.-343.30, Medium Density Residential Zone.The proposal involves modifying the property lines between the two parcels to create a 17,051+/-square foot lot(west lot-containing existing house at 209 Tudor Road) and a 17,701+/-square foot lot(east lot - vacant). Frandsen Real Property LLC and William P. Frandsen, Owners/Applicants; Elizabeth A. Reiter, Agent; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to Subdivision Approval; and 3. The Planning Board on April 15, 2014, has reviewed and accepted as adequate a revised Short Environmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, a survey map entitled "Lands of William P. Frandsen&Frandsen Real Property, LLC, 209 Tudor Avenue and Vacant Lot, Town of Ithaca, Tompkins County, New York State," prepared by R.James Stockwin, PLS, dated 02/20/14, and other application materi- als; and 4. Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance 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 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, an Environmental Impact Statement will not be required. Vote Ayes: Erb, Collins, Haefeli, Beach, Fogarty, Wedemeyer, Bosak AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located at 209 Tudor Road, Town of Ithaca Tax Parcel No.'s 57.-l-8.168 and 56.-3-13.30, Medium Density Residential Zone. The proposal involves modifying the property lines between the two parcels to create a 17,051+/-square foot lot(west lot-containing existing house at 209 Tudor Road) and a 17,701+/-square foot lot(east lot - vacant). Frandsen Real Property LLC and William P. Frandsen, Owners/Applicants; Elizabeth A. Reiter,Agent Ms. Erb opened the public hearing at 8:13 p.m. Ann Schissel, 214 Tudor Road, lives directly across from the empty lot. Her only concern is the drainage. There's a large utility box on the property; she doesn't know how that will affect where the Planning Board Minutes 04.15.2014 Page 8 of 13 driveways go. She would like to see it landscaped to look like the neighborhood. She wondered what type of home could be built in the MDR zone. Ms. Balestra responded that it could be a single-family home or a home with an accessory apartment. There won't be a side-by-side duplex. Mr. Bates read what would be permitted. The floor area of the second dwelling unit can't be larger than 50% of the floor area of the primary dwelling unit(excluding the basement) unless the second unit is constructed entirely in the basement area, in which case it can exceed the 50%. Ms. Ritter said there are other uses allowed in a residential zone, but they would have to come back before the Planning Board to get special approval for those uses. Ms. Erb said that drainage is handled as part of the building permit process. Ms. Balestra said she spoke with Dan Thaete and he is aware of the issues with this property. He indi- cated that through the building permit process, a simple SWPPP would be required. Ms. Schissel was concerned about the possible removal of the vegetation that currently screens the utility box. Mr. Bates responded that it would depend on the type of vegetation.They have to be able to maintain a safe working area around the utility, so if the vegetation gets to be too much, they have a right to remove it. Virginia Steele owns the property directly to the east of the vacant lot. She is concerned because there's a strip of wooded area between the properties where the electrical box is located. She realizes that Mr. Frandsen will probably sell the lot. She wants to request that whoever develops it leaves a small natural area between the homes. Ms. Erb responded that it's not within the Planning Board's purview to regulate that. She suggested that Ms. Steele do her best to work with Mr. Frandsen and the new neighbor when the lot is sold. This spring would be a good time to plant on her side of the property line. Mr. Bates said that in most cases, the utility easement is given to the first 10 or 15 feet off the utility right of way. There is probably an easement that's not shown on the map. It's probably stated on the deed. They'll need to show it when they build. Mr. Guttman said that there are references to NYSEG easements on the deed. If the neighbors are willing to give him their contact information, he will pass it on to the new owners when the property sells. Ms. Erb closed the public hearing at 8:32 p.m. Mr. Haefeli asked if the shed needed replacing, whether it would be allowed. Planning Board Minutes 04.15.2014 Page 9 of 13 Mr. Guttman said they plan to seek ZBA variance to keep the shed where it is. If they say no, the choices are to remove the shed or to move it to the back. PB Resolution No. 2014.022: Preliminary and Final Subdivision Approval, Frandsen 2-Lot Subdivision, 209 Tudor Road, Tax Parcel No.'s 57.-1-8.168 and 56.-3.13.30 Moved by Jon Bosak; seconded by Paula Wedemeyer WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdi- vision located at 209 Tudor Road, Town of Ithaca Tax Parcel No.'s 57.-1,8.168 and 56.-3-13.30, Medium Density Residential Zone.The proposal involves modifying the property lines between the two parcels to create a 17,051+/-square foot lot(west lot,containing existing house at 209 Tudor Road) and a 17,701+/-square foot lot(east lot - vacant). Frandsen Real Property LLC and William P. Frandsen, Owners/Applicants; Elizabeth A. Reiter, 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 April 15, 2014, made a negative determination of environmental significance, after having reviewed and accepted as adequate a revised Short Envi- ronmental Assessment Form Part 1, submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff, and 3. The Planning Board on April 15, 2014, has reviewed and accepted as adequate a survey map enti- tled "Lands of William P. Frandsen &Frandsen Real Property, LLC, 209 Tudor Avenue and Va- cant Lot, Town of Ithaca, Tompkins County, New York State," prepared by R.James Stockwin, PLS, dated 02/20/14, 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 alteration of the purpose of subdivision plan control nor contravene 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 subdivision located at 209 Tudor Road, Town of Ithaca Tax Parcel No.'s 57:1-8.168 and 56.-3,13.30, as shown on the revised survey map entitled "Lands of William P. Frandsen&Frand- sen Real Property, LLC, 209 Tudor Avenue and Vacant Lot, Town of Ithaca, Tompkins County, New York State," subject to the following conditions: a. Granting by the Zoning Board of Appeals of any necessary variances associated with the pro- posal, prior to the signing of the plat by the Chairperson of the Planning Board, and b. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the final subdivision plat, prior to filing with the Tompkins County Planning Board Minutes 04.15.2014 Page 10 of 13 Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Depart- ment. Vote Ayes: Erb, Collins, Haefeli, Beach, Fogarty,Wedemeyer, Bosak AGENDA ITEM Public Hearing: Consideration of a Recommendation to the Zoning Board of Appeals for a sign variance for the proposed Veteran Volunteer Firemen Association sign located at 638 Elmira Road, Town of Ithaca Tax Parcel No. 33:3-5.1, Light Industrial Zone. The proposal involves the replace- ment of an existing self-illuminated copy-change sign, approximately 37+/-square feet in area and 7+/-feet tall, located in the front yard of the Veteran Volunteer Firemen Association property,with a new self-illuminated copy-change sign in the same location. Copy-change signs are not permitted in the Light Industrial Zone and the existing copy-change sign never received a recommendation by the Planning Board or approval from the Zoning Board of Appeals. Robert Travis, Ithaca Veteran Fire- men Association, Owner; Craig Christopher, Applicant/Agent Ms. Erb opened the public hearing at 8:36 p.m. Mr. Christopher, owner of Cayuga Signs, said they want to put a new sign in the same railroad tie area as the current sign. It's illuminated inside and there are four rows of six-inch letters that are changeable. The inside is white plastic with clear tracks for letters to be put in place. It will be locked with a key so only the owner will be able to open it up and change out the letters. They are not replac- ing the electric. The six-inch plastic letters will be readable at 45 mph. Mr. Bates said there have been no complaints about the existing sign, but it doesn't conform to code and doesn't follow what the permit was issued for. Ms. Brock pointed out that the Planning Board is giving a recommendation to the ZBA; they are not the body that will issue the approval for this project. Mr. Bosak said he had been thinking about the word "recommendation." When he uses the word, he's saying, This is something that should happen and the zoning board should do this. He thinks there's a distinction to be made between a finding and a recommendation. He referred to the lan- guage in Ms. Balestra's memo: "the acceptability of the proposed sign in terms of design, materials, colors, illumination, placement, and size." To Mr. Bosak, that is more of a finding than a recommen- dation; i.e., they could find that the proposed sign meets the requirements for such a sign in such a place, but that's not the same thing as recommending that such a sign should be put in that place. In this case, it's moot because personally he's perfectly happy to recommend it. Ms. Brock said this will completely change with the new sign law. There might not be a recommenda- tion by one body, then another body voting on it. Ms. Balestra said that in the meantime, she pulled the language for her memo from the sign law itself, which says that the recommendations need to be based on guidelines listed as such. Planning Board Minutes 04.15.2014 Page 11 of 13 Mr. Bates noted that photos of the current sign show the 911 addressing sign stuck onto the railroad ties. Mr. Christopher said they will take care of that. Ms. Fogarty asked whether the sign is lit 24 hours per day. Ray Wheaton, secretary of the Veteran Volunteer Firemen Association, said that normally it's lit 24 hours. It could be put on a timer. One of their problems is that people don't know where they are, so one of the objectives of the new sign is to let people know they exist. They have a problem keeping the lettering on the sign because right now it now blows off. Mr. Bates said that at the last Codes and Ordinances Committee meeting, they discussed the possibil- ity of setting a limit on lighted signs. They haven't come up with concrete language yet, but idea is that it doesn't need to be lit 24 hours per day. The suggestion was for an hour before the business opens to so many hours after they're closed, up to a certain time. If there's an event, they would want it on, and then make sure it's turned off an hour or so after the event. John Beach recalled the Planning Board crafting similar language for a timer for a sign at St. Cath- erine of Sienna Church. Mr. Bates said that another factor when leaving a sign lit 24 hours per day is the energy use. Ms. Erb closed the public hearing at 8:58 p.m. PB Resolution No 2014.023: Recommendation to Town of Ithaca Zoning Board of Appeals, Sign Variance - Veteran Volunteer Firemen Association, 638 Elmira Road, Tax Parcel No. 33.-3-5.1 Moved by Yvonne Fogarty; seconded by Linda Collins WHEREAS: 1. This action is consideration of a Recommendation to the Zoning Board of Appeals for a sign vari- ance for the proposed Veteran Volunteer Firemen Association sign located at 638 Elmira Road, Town of Ithaca Tax Parcel No. 33:3-5.1, Light Industrial Zone. The proposal involves the re- placement of an existing self-illuminated copy-change sign, approximately 37+/-square feet in area and 7+/-feet tall, located in the front yard of the Veteran Volunteer Firemen Association prop- erty,with a new self-illuminated freestanding copy-change sign in the same location. Copy-change signs are not permitted in the Light Industrial Zone and the existing copy-change sign never re- ceived a recommendation by the Planning Board or approval from the Zoning Board of Appeals. Robert Travis, Ithaca Veteran Firemen Association, Owner; Craig Christopher,Applicant/Agent; and 2. The Planning Board, at a Public Hearing held on April 15, 2014, has reviewed and accepted as adequate a sheet that shows the dimensions and colors of the proposed replacement sign, date, stamped March 14, 2014, and other application materials; Planning Board Minutes 04.15.2014 Page 12 of 13 NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the request for a sign variance for one 37+/- square-foot, 7+/-foot tall self-illuminated copy change sign for the Veteran Volunteer Firemen Asso- ciation, where freestanding copy-change signs are not permitted in the Light Industrial Zone, subject to the following conditions: a. The applicant must obtain a sign permit prior to installing the sign, and b. The sign shall not contain any digital or electronic messaging elements, and c. The sign shall be illuminated only from one hour before sunset until midnight, or until one hour after the end of events that evening at the applicant's property,whichever is later. Vote Ayes: Erb, Collins, Haefeli, Beach, Fogarty, Wedemeyer, Bosak AGENDA ITEM Persons to be heard - Nobody came forward to address the Board. AGENDA ITEM Approval of Minutes PB Resolution No. 2014-024: Minutes of March 18, 2014 Moved by Hollis Erb seconded by John Beach WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on March 18; now therefore be it RESOLVED, the Town of Ithaca Planning Board approves the minutes, as amended, to be the final minutes of the meeting on March 18. Vote Ayes: Erb, Collins, Haefeli, Beach, Fogarty, Wedemeyer, Bosak AGENDA ITEM Other Business Ms. Balestra reported that Dunkin' Donuts is not going to seek a variance for a second wall sign. They did not decide on which face of the wall they will put the one sign they're allowed. They have not decided whether they'll use channel lettering. They may decrease the height of the freestanding sign. Planning Board Minurcs 04-15-2014 Page 13 of 13 AGENDA ITEM Adjournment Upon a motion by Hollis Erb, the meeting adjourned at 9:15 p.m. Respectfully submitted, Debra DcAugistin^Dcputy Town Gler