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HomeMy WebLinkAboutPB Minutes 2014-12-16TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday. December 16. 2014 AGENDA 7:00 P.M. SEQR Determination: Vickroy 2-Lot Subdivision, 636 Coddington Road. 7:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision approval for the proposed 2-lot subdivision located at 636 Codington Road, Town of Ithaca Tax Parcel No. 49.-1-9.2, Low Density Residential Zone. The proposal involves subdividing the 4.6 +/- acre parcel into a 3.7 +/- acre parcel containing the existing residence at 636 Coddington Road and a 0.9 +/- acre vacant parcel. Ronald D. & Rita E. Vickroy, Owners; Michael Hovanec, Bailey Homes, Applicant. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan approval for the proposed expansion of the Collegetown Bagels restaurant in the East Hill Plaza, located at 327 Pine Tree Road, Town of Ithaca Tax Parcel No. 62.-2-1.121, Community Commercial Zone. The proposal involves expanding Collegetown Bagels into the adjacent space (formerly Hair Graphics East) to provide additional seating, a new entry, a salad bar, and more food preparation and storage space. Cornell University, Owner; Gregar Brous, Applicant; Claudia Brenner, RA, Agent. 4. Consideration of approval of the 2015 Planning Board Meeting Schedule. 5. Consideration of a recommendation to the Town Board regarding the Chairperson of the Planning Board for 2015. 6. Persons to be heard 7. Approval of Minutes: November 18, 2014 and December 2,2014. 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 or SP()lX:E@TOVVN.rrHACA.NY.US. (A quorum of four (4) members is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under "Planning Board" on the "Meeting Agendas" page (httD;//w\vu.town.ithaca.nv.u.s/mceting-auendas). TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, December 16, 2014 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox(Chair), Linda Collins,John Beach, Yvonne Fogarty,Jon Bosak, Hollis Erb Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Susan Brock,Attorney for the Town; Deb DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:02 p.m. and accepted the secretary's posting and publication of the public hearing notices. AGENDA ITEM SEQR Determination:Vickroy 2-Lot Subdivision, 636 Coddington Road Mr. Wilcox pointed out that the application materials mentioned the potential of building a house on the lot in the future, but the project before the board that night was for approval for the subdivi- sion. If they decide they want to build a house, it's a separate procedure involving a building permit. Mr. Hovanec gave a brief overview. The applicants plan to subdivide the lot to build a home with an accessory apartment. Their original plan to build a duplex wasn't possible with the current zoning. He was not aware of any environmental issues. There aren't any drainage issues - it's nicely sloped toward the road, so it's an ideal building site. There's sewer and water accessible. Mr. Bosak had a question about the SEQR form, where it asks whether the project is "consistent with the adopted comprehensive plan." The account from staff states that implementation of the new comprehensive plan "will likely consider ways to prevent the expansion of strip residential develop- ment patterns along the town's rural corridor." He read that as necessarily implying that this is not in accordance with the newly adopted comprehensive plan. Ms. Balestra explained that it's not exactly not in accordance with the plan.We've identified that general area of Coddington Road as one that might have some limited strip development, but that particular lot won't necessarily be included.When the zoning code is updated to match the plan,we still have to take a close look at all the larger concepts of the plan and see if they apply. Planning staff thought it important to mention that some of the proposals in the future might be following a different type of process. Mr. Bosak said that the question on the SEQR asks if it will be consistent with the comprehensive plan, so if it's going to be inconsistent in the future, it must be inconsistent now. If this is consistent with the current comprehensive plan, how will future implementation likely consider ways to prevent it? Ms. Balestra responded that that is still to be determined. Even though we've adopted a new plan, we have to follow the zoning code in front of us. Planning Board Minutes 1246.2014 Page 2 of 9 Mr. Bosak argued that the question isn't whether it's consistent with the zoning, but rather with the adopted comprehensive plan and likely to be prohibited once the plan is implemented. Ms. Balestra said that when we get to a point where we evaluate specifically the type of development we want along Coddington Road and where we want that development to go, then we will look parcel by parcel. Ms. Erb stated that it didn't bother her for two reasons. First, we already have public water and sewer there, so it's not an issue of pushing public utilities out into new regions, stripping away additional farmland. Second, looking at the house on either side, she can reasonably call it infill development. Mr. Bosak asked whether he was to interpret the statement as meaning: Not this project, but additional projects would be objectionable. This one brings us up to the point where it's not objec- tionable under the plan, but future ones would be. Ms. Balestra responded that,yes, one of the elements we will look at is whether parcels have public utilities available to them. Ms. Fogarty pointed out that at this point, all we're looking at is the subdivision.We're not looking at a building. Ms. Brock explained that the comprehensive plan doesn't pretend to tell you what the appropriate uses are for each parcel. It's a much broader view. What Ms. Balestra is trying to say is that there are some general principles that it expresses for this area in the town, and then when the town board is considering rezoning, it's going to decide where those principles should apply and where they shouldn't. Ms. Ritter said that when we go to implement the comprehensive plan, we're going to look at that semi-rural area and analyze where we might have larger lots, for instance. But we're going to look at the area in detail when we get to the zoning. She doesn't think there's harm in saying this is con- sistent with the plan. We still have to figure out how we're going to interpret some of the goals and objectives, and some of them might be to limit strip residential development, but we will be looking closely at where it is appropriate to do that. Mr. Bosak summed it up by saying that in advance of that analysis, we don't know whether any given project is inconsistent. Mr. Bates said there appears to be a drainage ditch - not a regulated waterway in the town, but some type of diversion on the lawn. He asked where the water is coming from. It's a ditch line that looks like it's graded to divert water from the house. The applicant responded that it's been there for 30 years. It's nothing new. It goes to the ditch line. Mr. Bates said they will have to deal with it when they go to build the house. Planning Board Minutes 1246.2014 Page 3 of 9 PB Resolution No. 2014.061: SEQR, Preliminary and Final Subdivision Approval, Vickroy 2-Lot Subdivision, 636 Coddington Road, Tax Parcel No. 49.4-9.2 Moved by Hollis Erb; seconded by Yvonne Fogarty WHEREAS: 1. This is Consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 636 Coddington Road, Town of Ithaca Tax Parcel No. 49.4-9.2, Low Den- sity Residential Zone. The proposal involves subdividing the 4.6 +/-acre parcel into a 3.7 +/.acre parcel containing the existing residence at 636 Coddington Road and a 0.9 +/- acre vacant parcel. Ronald D. &Rita E.Vickroy, Owners; Michael Hovanec, Bailey Homes,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 December 16, 2014, has reviewed and accepted as adequate a survey map entitled "Subdivision Map, No. 636 Coddington Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., dated 1/6/2004, revised 11/21/2014 to show Parcels A& B, 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:Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Subdivision approval for the proposed 2-lot subdivision located at 636 Codington Road, Town of Ithaca Tax Parcel No. 49.4-9.2, Low Density Residential Zone. The proposal involves subdividing the 4.6 +/-acre parcel into a 3.7 +/-acre parcel containing the existing residence at 636 Coddington Road and a 0.9 +/-acre vacant parcel. Ronald D. &Rita E.Vickroy, Owners; Michael Hovanec, Bailey Homes,Applicant Mr. Wilcox opened the public hearing at 7:27 p.m. and closed the public hearing at 7:28 p.m. PB Resolution No. 2014.062: Preliminary and Final Subdivision Approval, Vickroy 2-Lot Subdivision, 636 Coddington Road, Tax Parcel No. 49.4-9.2 Planning Board Minutes 1246.2014 Page 4 of 9 Moved by John Beach; seconded by Hollis Erb WHEREAS: 1. This is Consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 636 Coddington Road, Town of Ithaca Tax Parcel No. 49.-1-9.2, Low Den- sity Residential Zone. The proposal involves subdividing the 4.6 +/-acre parcel into a 3.7 +/-acre parcel containing the existing residence at 636 Coddington Road and a 0.9 +/-acre vacant parcel. Ronald D. &Rita E.Vickroy, Owners; Michael Hovanec, Bailey Homes,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 December 16, 2014, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environ- mental 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 December 16, 2014, has reviewed and accepted as adequate a survey map entitled "Subdivision Map, No. 636 Coddington Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., dated 1/6/2004, revised 11/21/2014 to show Parcels A& B, 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 a significant alteration of neither 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 proposed subdivision located at 636 Coddington Road, Town of Ithaca Tax Parcel No. 49.4-9.2, as shown on the survey map entitled "Subdivision Map, No. 636 Coddington Road,Town of Ithaca, Tompkins County, New York," subject to the following condition: a. Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the final subdivision plat in 11 x 17 size or larger, revised to show(1) the most current water and sewer easement locations, and (2) the width of Parcel A at the 60 46ot setback from the street line, 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, Beach, Fogarty, Bosak, Erb AGENDA ITEM Public Hearing: Consideration of Preliminary and Final Site Plan approval for the proposed expansion of the Collegetown Bagels restaurant in the East Hill Plaza, located at 327 Pine Tree Road, Town of Ithaca Tax Parcel No. 62.-2,1.12 1, Community Commercial Zone. The proposal involves Planning Board Minutes 1246.2014 Page 5 of 9 expanding Collegetown Bagels into the adjacent space (formerly Hair Graphics East) to provide additional seating, a new entry, a salad bar, and more food preparation and storage space. Cornell University, Owner; Gregar Brous, Applicant; Claudia Brenner, RA,Agent Mr. Wilcox opened the public hearing at 7:30 p.m. Ms. Brennar stated that the existing store is expanding into the adjacent tenancy to let the store, which gets really crowded, spread out. It will allow amenities available at other CTB locations: a salad bar, bagel making, better flow of people and traffic, better seating, better handicapped accessibility, better lighting. It will be a nicer restaurant, a little more than twice as big. There will be appropriate two-hour separations on either side of the new space, a fire alarm system, emergency lighting - whatever is required. Mr. Wilcox asked what threshold this project meets.Why is it in front of us? Ms. Ritter responded that it's a change of use; it's going from a hairdresser,which is a service, to a retail use. Ms. Brenner said that the current occupancy, although it's a restaurant, is considered by the building code to be a B occupancy because it services less than 50 people. In the new expanded size, it will be considered a true restaurant(an A occupancy). The hair salon was a B occupancy. Ms. Erb commented that she's glad that they're expanding. She requested that they consider retaining the entry door in its current location rather than using the Hair Graphics door. She doesn't like people having to walk through where she's eating just to buy something to take away. Mr. Brous responded that they designed the flow so that when people enter the new door, they will not have to walk through the seating area to get to the work station. Mr. Wilcox closed the public hearing at 7:39 p.m. PB Resolution No. 2014.063:Preliminary and Final Site Plan Approval, Collegetown Bagels Restaurant Expansion, Tax Parcel No. 62.-2-1.121, 327 Pine Tree Road Moved by John Beach; seconded by Jon Bosak WHEREAS: 1. This action involves Consideration of Preliminary and Final Site Plan Approval for the expansion of the Collegetown Bagels restaurant in the East Hill Plaza, located at 327 Pine Tree Road, Town of Ithaca Tax Parcel No. 62.-2-1.121, Community Commercial Zone. The proposal involves ex- panding Collegetown Bagels into the adjacent space (formerly Hair Graphics East) to provide additional seating, a new entry, a salad bar, and more food preparation and storage space. Cor- nell University, Owner; Gregar Brous,Applicant; Claudia Brenner, RA,Agent; and 2. This is a Type II Action pursuant to 6 NYCRR Section 617.5(c)(7) of the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Envi- Planning Board Minutes 1246.2014 Page 6 of 9 ronmental Quality Review Act, because the Action constitutes "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and con- sistent with local land use controls, but not radio communication or microwave transmission facilities," and thus approval of the site plan is not subject to review under SEQR; and 3. The Planning Board, on December 16, 2014, has reviewed and accepted as adequate a narrative titled "Collegetown Bagels Expansion at East Hill Plaza; Town of Ithaca, NY Narrative for the Town of Ithaca Planning Board," dated November 19, 2014; drawings titled "Collegetown Bagels Expansion East Hill Plaza Town of Ithaca, NY 16 November 2014," including the Title Page (G- 1), the Demolition Plan (A-1), the Proposed Plan (A-2), and the Notes and Diagrams (A-3), all dated Nov-16,2014 and prepared by Claudia Brenner, Architect; and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in a neither significant alter- ation of the purpose of site plan control nor contravene 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 expansion of the Collegetown Bagels restaurant, as described in the materials listed in Whereas #3 above. Vote Ayes:Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Consideration of approval of the 2015 Planning Board Meeting Schedule PB Resolution No. 2014.064: Town of Ithaca Planning Board Schedule of Meetings for 2015 Moved by John Beach, seconded by Hollis Erb RESOLVED, that the Town of Ithaca Planning Board hereby adopts the following as its schedule of Regular Meetings for the year 2015. Unless otherwise noted, all meetings will be held on the first and third Tuesday of each month, commencing at 7:00 p.m. and ending by 10:00 p.m. FIRST MEETING OF THE MONTH SECOND MEETING OF THE MONTH January 6, 2015 January 20, 2015 February 3, 2015 February 17, 2015 March 3, 2015 March 17, 2015 Planning Board Minutes 1246.2014 Page 7 of 9 April 7, 2015 April 21, 2015 May 5, 2015 May 19, 2015 June 2, 2015 June 16, 2015 July 7, 2015 July 21, 2015 August 4, 2015 August 18, 2015 September 1, 2015 September 15, 2015 October 6, 2015 October 20, 2015 November 3, 2015 November 17, 2015 December 1, 2015 December 15, 2015 Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Consideration of a recommendation to the Town Board regarding the Chairperson of the Planning Board for 2015 PB Resolution No. 2014-065: 2015 Planning Board Chair, Recommendation to Town Board Moved by Hollis Erb; seconded by John Beach Resolved, the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox be appointed as Chair of the Planning Board for the year 2015. Vote Ayes: Collins, Beach, Fogarty, Bosak, Erb Abstentions:Wilcox AGENDA ITEM Persons to be heard - Nobody came forward to address the board. AGENDA ITEM PB Resolution No. 2014-066: Minutes of November 18, 2014 Moved by Fred Wilcox; seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on November 18; now therefore be it Planning Board Minutes 1246.2014 Page 8 of 9 RESOLVED, the Town of Ithaca Planning Board approves the minutes to be the final minutes of the meeting on November 18. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Erb Abstentions: Bosak PB Resolution No. 2014.067: Minutes of December 2, 2014 Moved by Fred Wilcox; seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on December 2; 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 December 2. Vote Ayes. Wilcox, Collins, Beach, Fogarty, Bosak, Erb AGENDA ITEM Other Business Mr. Bosak offered the following motion, which was seconded by Ms. Erb: The planning board commends Deb DeAugistine for the excellence of her work in recording and reporting on planning board meetings this year. Planning board members supported the motion unanimously. Mr. Wilcox reminded board members that there will be a Planning Federation training session in April. Ms. Brock explained that Ms. Terwilliger, in her capacity as town clerk, received a letter from Rocco Lucente's lawyer over the issue of the town not being timely in processing an application for final subdivision approval of Briarwood II. She wrote back that she was not issuing the certificate for several reasons; they, in turn, sued her for failure to issue the certificate. Ms. Brock filed the town's responding papers on Friday. The town's response is that Ms. Terwilliger was perfectly right in not issuing the certificate. Ms. Brock said that you have to read the law carefully to see when clocks start running, and we're basically saying that no clock has started yet. We're asserting that the final plat submitted was not in substantial agreement with the preliminary plat. In the preliminary plat, they had proposed to shunt the stormwater into existing offsite wetlands.After preliminary approval, the DEC said they were not allowed to do that, so they completely revised the way they handled storm- water. They also changed the size and shape of five lots, added onsite stormwater facilities, like rain gardens, and made other changes. So because it wasn't in substantial agreement, the planning board would have to do SEQR again and decide whether a neg dec was still appropriate, and the way the law is worded, the clock doesn't start running until that's been done. Planning Board Minutes 12-16-2014 Page 9 of 9 To a question from Mr. Beach, Ms. Brock said that if the judge rules in favor of the town, we would not be reimbursed for the legal costs. AGENDA ITEM Adjournment Upon a motion by Mr. Beach, the meeting adjourned at 8:01 p.m. Respectfully submitted. Debra DeAugiatjne, Deputy TowtvClerk