Loading...
HomeMy WebLinkAboutPB Minutes 2015-06-02TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday. June 2. 2015 AGENDA 7:00 P.M. SEQR Determination: Dogan 2-Lot Subdivision, 1408 Hanshaw Road. 7:00 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision approval for the proposed 2-lot subdivision located at 1408 Hanshaw Road, Town of Ithaca Tax Parcel No. 70.-11-40, Medium Density Residential Zone. The proposal involves subdividing the 1.0 +/- acre parcel into a 0.4 +/- acre parcel (Lot # 1) containing the existing residence at 1408 Hanshaw Road and a 0.6 +!- acre parcel (Lot # 2) for a future residence. The proposal includes using the existing driveway for both lots. Esref & Belgin Dogan, Owner/Applicant. 3. Persons to be heard 4. Approval of Minutes: May 19,2015 5. Other Business 6. 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 SPOLCE@TOVVN.lTHACA.NY.llS. (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 (httn://w\v\v.t(>wn.ithaca.nv.tis/meeting-auendas). TOWN OF ITHACA PLANNING BOARD MEETING Tuesday,June 2, 2015 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Hollis Erb (Vice Chair), Linda Collins,Joseph Haefeli, John Beach, Liebe Meier Swain,Yvonne Fogarty,Jon Bosak Absent: Fred Wilcox Town Staff Present: Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Susan Brock,Attorney for the Town; Paulette Terwilliger, Town Clerk Call to Order Ms. Erb called the meeting to order at 7:01 p.m. and accepted the secretary's posting and publication of the public hearing notices. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision approval for the proposed 2 4ot subdivision located at 1408 Hanshaw Road, Town of Ithaca Tax Parcel No. 70.-1 1- 40, Medium Density Residential Zone. The proposal involves subdividing the 1.0 +/-acre parcel into a 0.4 +/-acre parcel (Lot# 1) containing the existing residence at 1408 Hanshaw Road and a 0.6 +/-acre parcel (Lot# 2) for a future residence. The proposal includes using the existing driveway for both lots. Esref&Belgin Dogan, Owner/Applicant. Ms. Erb explained that the board will consider the SEQR review first and if that passes, the next step would be the public hearing. Mr. Dogan was present to answer questions from the board. Mr. Dogan explained that he would like to subdivide the parcel so he can build a new house for his growing family needs and the new lot will be within the setback requirements from the surrounding properties and will not have any undesirable effects on the property or the neighbors. Questions from the board Mr. Bosak asked about the survey map that shows a slight sliver of land that seems not to be a part of the existing property or subdivision request. Ms. Balestra stated that was probably a lot line adjustment that wouldn't have come before any board. Ms. Fogarty asked about the shared driveway and thought that it seemed cumbersome and she wondered if there was any way the driveway could come off the private road. Mr. Dogan said he talked to the neighbors on the private road and they did not sound excited about the idea and basically didn't want to do it. Ms. Fogarty asked him how he was planning on doing the driveway and he responded that it would be a shared driveway between the two parcels with and easement to the new property. Ms. Fogarty was concerned about the tree and Mr. Dogan responded that the only tree coming down is the dying apple tree, nothing else; the existing driveway will extend toward the back lot and go around the tree so it won't be straight but will save the tree. PB Minutes June 2, 2015 pg. 1 Ms. Fogarty asked if his property extended to the flower beds that are built up on the left side and Mr. Dogan responded that the beds are his neighbors but the property line goes to them. He added that if the Town allows him the existing driveway, it will curve towards his neighbors to get around the tree then back towards the proposed house. Mr. Bosak asked who owns the private drive and Mr. Dogan responded that he thought it was the owner of the first house who owns it and who has given an easement to the other two houses which would necessitate him getting all three to agree to an easement for his driveway. Ms. Fogarty again stated that it seems cumbersome and it might behoove the applicant to try again. Ms. Balestra added that she spoke to the applicant last year and talked about different scenarios and the easiest solution would be to share that private drive and at the time she had researched the property and could not contact the owner of the private driveway but from what she understood, they were not interested in allowing another driveway. Mr. Bosak stated that he would rather see a shared driveway than any scenario that had two driveways off of Hanshaw Rd. Ms. Balestra added that the County Highway Department has made it clear they would not approve another curb cut there for another driveway so the best option is the shared driveway. Ms. Erb asked about the parking for the new house and Mr. Dogan responded that it would be in the back for the new house and in the front for the existing house. Ms. Erb then asked about the property line in the back lot relative to some of the lovely trees and asked if some of those trees would be split between the two parcels. Mr. Dogan responded that they would; there are three mature Maple trees and one will stay with the existing house and the other two would go with the new house. Ms. Erb asked if there were any more questions regarding the SEQR process and there were none. PB RESOLUTION: 2015.026 SEQR Preliminary and Final Subdivision Approval Dogan 2-Lot Subdivision 1408 Hanshaw Road Tax Parcel No. 70.41-40 Town of Ithaca Planning Board,June 2, 2015 Moved: Mr. Beach, seconded by Linda Collins WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 24ot subdivision located at 1408 Hanshaw Road, Town of Ithaca Tax Parcel No. 70:11-40, Medium Density Residential Zone. The proposal involves subdividing the 1.0 +/-acre parcel into a 0.4 +/-acre parcel(Lot# 1) that contains the existing residence at 1408 Hanshaw Road and a 0.6 PB Minutes June 2, 2015 pg. 2 +/.acre parcel(Lot# 2) for a future residence. The proposal includes using the existing driveway for both lots. Esref&Belgin Dogan, Owner/Applicants; 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 June 2, 2015, has reviewed and accepted as adequate a survey map entitled "Survey Map No. 1408 Hanshaw Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 4/25/2005 and amended 5/18/2015 to show Lots 1 & 2, 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 - Beach, Meier Swain, Fogarty, Bosak, Erb, Collins and Haefeli Unanimous Ms. Erb opened the public hearing at 7:14 p.m. Ileen Devault and Diane Feldman, next door neighbors Ms. Devault addressed the board stating that they live on the left of Mr. Dogan and their house sits on the side where the proposed driveway would go and their three bedroom windows, a picture window, and another large window looks out toward the proposed driveway and they are very concerned about the idea of having a driveway going up further than it currently goes to reach the back lot. In their eyes,what's listed as a gravel parking spot used to be a full driveway on the other side of the house and whatever the highway department may think about, as the people who live next door, they would rather have the driveway be on the other side of the house next to the private road than next to their bedrooms. Ms. Feldman added that it is already a cut driveway and is used as a driveway on occasion, so it isn't like a driveway couldn't be put there because it is already being used as a driveway and it would seriously change what we see out of our windows, to be looking at a driveway instead of a grassy area. That is one of their main concerns;visually what are they going to look out of their window all of the time and if there wasn't another option, then they would totally understand, but there are other options. She went on to say that she didn't understand how the private road works or what one would have to do, but there already is a place to pull in and it has been used as a driveway in the past so she didn't see why that couldn't be used PB Minutes June 2, 2015 pg. 3 again. She didn't understand why that couldn't be used again and thought maybe the highway department was not aware of it. Ms. Balestra responded that when she spoke to the applicant over a year ago, his first choice was to have a driveway on the other side of his property but there is a stream that cuts across this property and has been moved many times and it has a setback requirement that would make it impossible to put a driveway in that location. Also, the applicant has built up a bit of a berm next to his house where the apartment is and the driveway that was there has been overgrown for many years and with the new sidewalks and upgrades to the road they somehow made a concession and decided to put the gravel pad back in but when staff evaluated this property last year, putting a driveway in there with the stream setbacks would be extremely difficult and they told him his best bet was to try and negotiate with the owner of the private driveway but if that person is not interested in giving a driveway easement, then we can't force them to do that. The applicant attempted to do that and came back with the current placement of the driveway. Mr. Bates added that the gravel drive is illegal; the county did it without permission and it is in the stream setback. Ms. Feldman asked if the variance is for a 40 foot waiver in addition to putting their cars there and Ms. Balestra responded that our Code requires that at 50 feet into the property, the lot has to be 100 feet wide and the lot that they are proposing is only going to be 60 feet wide in that particular location and he will be asking for a variance from the Zoning Board of Appeals. Ms. Feldman responded that that is a lot and with the curving of the driveway it will be even closer to their house. Ms. Erb spoke, stating that it was her understanding that the proposal is to curve around the tree and then come back away from the property line and Ms. Feldman agreed but stated that the curve would be toward their property. Ms. Erb responded that yes, on their own property and there is no sense that the Dogans are going to move the street side of the driveway and she suggested that perhaps they could talk to the Dogans about some landscaping there but it sounds like it is not going to be a parking lot, but a driveway and that would be legal right next to their property line and she wanted them to understand that. Ms. Feldman stated that she did understand that but when they came in for a variance for their garage, someone stated that they didn't like how that would look and didn't want to grant the variance so from their perspective they are going from a green area to a driveway and if there are other options, those should be explored completely. Ms. Erb responded that it has been explored and the testimony given tonight is that it has been explored. Ms. Fogarty added that she does see the neighbors' point and maybe they could get a hold of the owner of the private road and facilitate an agreement for the use of it. Mr. Bosak stated that he would like to put this in the framework of what a property owner can do by right; he believed that if the applicant were not coming here tonight with a subdivision request, but just decided to level that entire area and cover it with gravel, it would be perfectly legal and within his right to do so, so what he is asking to do here is much less than what he has a legal right PB Minutes June 2, 2015 pg. 4 to do and we are not here to impose upon him restrictions beyond what he is legally entitled to do with his property. Ms. Erb also wanted the applicants to consider that the bend that moves the driveway for a while toward their property line is intended to save the beautiful tree that their windows are facing. Ms. Collins asked Ms. Balestra to explain a little more about the existing gravel driveway adding that she understands the earlier statements but noted that Ms. Balestra said it would difficult but would it be impossible to do a driveway on the right? Ms. Balestra responded that there is a good chance that our Public Works Department wouldn't allow it to happen because there are drainage issues in that whole northeast area and the issues have been exacerbated over the years because of all of the different changes to the streams that are in the area, and when she told the town's Public Works Department about this they said "absolutely no way will we allow any building going in anywhere near that area because that area is a hot spot for complaints due to drainage." She said she conveyed that to the applicant stating that he could still pursue that avenue, but there is a very solid chance that you would not get approval with a driveway in that particular location. Mr. Bates added that the applicants will still need to get a variance from the Zoning Board of Appeals, but the applicant has presented the most feasible way of doing this with the least amount of variances needed. If they were to put the driveway on the other side they would still need a variance for the width and then additional variances from the Stream Setback Law and Ms. Balestra added that the other side would require removing more trees. Ms. Devault stated that they like their neighbors and it has nothing to do with them personally, and that for them it is just looking out the window at a driveway, that is really what it comes to. Mr. Haefeli spoke, referring to Mr. Bosak's earlier comment, saying they could put a water slide and a tennis court back there, that is what they are legally entitled to do, but he added that there may be design options that may help and he encouraged them to work together to explore options. Ms. Erb summarized saying that we are protecting the creek, which we are required to do, the County does not want another curb cut and the private drive has been explored and we accept the statement that it has been explored with a lack of interest on the owner's part and we cannot force them to go back to that, making use of the current driveway for as far as it already extends decreases disturbance of the land and creates less impervious packed surface than putting in an entire new driveway starting at Hanshaw Rd. She also encouraged them to talk to the Dogans about some carefully placed shrubs that may provide some screening. Ms. Feldman asked what the address of the new property would be since they are 1404 and 1406 and the neighbors is 1408. Mr. Bates responded that the addressing is incorrect and their property should be the same number with an A and B because it is a single structure and the new house would become 1408. He went on to explain that the 911 addressing system was done in a haphazard fashion for years and he is slowly going through and changing addresses to facilitate the correct numbering for safety's sake. PB Minutes June 2, 2015 pg. 5 Ms. Erb closed the public hearing at 7:35p.m. Mr. Dogan stated that he would like to be a good neighbor and he will not do anything to disturb them and wanted to remind them how much nicer the lot and residence is now from what it was before he purchased it and how much he cares about the environment. They will see some shrubs or similar there so they won't see the driveway and he will make them happy. He added that he knows it is his legal right to put the house there but he realizes it is his backyard they will be looking at and if that one variance were not needed, it would be his legal right to do whatever he would like, but he wanted to emphasize that he will do whatever it takes to make his neighbor happy. There were no additional comments from the board or the applicant. PB RESOLUTION: 2015.027 Preliminary and Final Subdivision Approval Dogan 2-Lot Subdivision 1408 Hanshaw Road Tax Parcel No. 70.41-40 Town of Ithaca Planning Board,June 2, 2015 Moved by Mr. Beach, seconded by Ms. Meier Swain WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 24ot subdivision located at 1408 Hanshaw Road, Town of Ithaca Tax Parcel No. 70-41-40, Medium Density Residential Zone. The proposal involves subdividing the 1.0 +/-acre parcel into a 0.4 +/- acre parcel (Lot# 1) that contains the existing residence at 1408 Hanshaw Road and a 0.6 +/-acre parcel (Lot# 2) for a future residence. The proposal includes using the existing driveway for both lots. Esref&Belgin Dogan, Owner/Applicants; 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 June 2, 2015, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental 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 June 2, 2015, has reviewed and accepted as adequate a survey map entitled "Survey Map No. 1408 Hanshaw Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller P.C., dated 4/25/2005 and amended 5/18/2015 to show Lots 1 & 2, and other application materials; NOW THEREFORE BE IT RESOLVED: PB Minutes June 2, 2015 pg. 6 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, having 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 2-lot subdivision located at 1408 Hanshaw Road, Town of Ithaca Tax Parcel No. 70: 11-40, as shown on the survey map entitled "Survey Map No. 1408 Hanshaw Road, Town of Ithaca, Tompkins County, New York," subject to the following conditions: a. Granting by the Zoning Board of Appeals of any necessary variances associated with the proposal, prior to the signing of the plat by the Chairperson of the Planning Board, b. 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, 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 c. Submission of a shared driveway agreement and easement for review and approval by the Attorney for the Town, and submission of proof of filing of the approved documents in the Tompkins County Clerk's office, prior to the issuance of any building permits for Lot 2. Vote: Ayes - Beach, Collins, Erb, Haefeli, Meier Swain, Fogarty, and Bosak Unanimous Approval of Minutes Mr. Bosak asked that a reference to the parcel and its previous approval for a subdivision for a dermatologist's office be spelt out a bit more to aid future boards in understanding the reference. He has had experience in trying to trace back a reference like this and it would be very helpful to future boards to detail the reference more fully. PB Resolution No. 2015-028: Minutes of May 5, 2015 Town of Ithaca Planning Board June 2, 2015 Moved by Jon Bosak; seconded by Linda Collins RESOLVED, the Planning Board approves the minutes of May 5, 2015, as amended. Vote Ayes: Wilcox, Collins, Beach, Fogarty, Bosak, Erb PB Minutes June 2, 2015 pg. 7 Other Business Motion made seconded to cancel the Planning Board meeting scheduled for June 16, 2015. Unanimous. Ms. Balestra announced dates and times for the Form Ithaca Charrettes coming up this week and noted that the annual social mixer is on June 1 at Ithaca Beer. Meeting was adjourned upon a motion and a second at 7:50 p.m. Submitted by Pauletfe Terwilliger Town Clerk PB Minutes June 2, 2015 pg. 8