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HomeMy WebLinkAbout409474-002Aurora R. Valenti TOMPKINS COUNTY CLERK 320 North Tioga Street Ithaca, NY 14850 607-274-5431 Fax:607-274-5445 No. of Pages: 5 Receipt No. 409474 DATE: 04/02/2002 Time: 15:29 Document Type: MISC RECORDS Parties To Transaction: MACKENZIE Deed Information Consideration: Transfer Tax: RETT No: Liber:CD2505 Page:2862 Delivered By: MONROE - TOMPKINS - WATKIN Return To: STEVE BOWMAN Mortaaae Information Mortgage Amount: Basic Mtge. Tax: Special Mtge. Tax: Mortgage Serial No.: State of New York Tompkins County Clerk This sheet constitutes the Clerk endorsement required by Section 316 A(5) & Section 319 of the Real Property Law of the State of New York. DO NOT DETACH e vz,--tz- 111111111111111111111111111111111111111111111111111111 z Liber:CD2505 Page:2863 FILE TOWN OF ITHACA PLANNING BOARD DATE -ezti TUESDAY, FEBRUARY 19, 2002 The Town of Ithaca Planning Board met in regular session on Tuesday, February 19, 2002, in Town Hall, 215 North Tioga, Ithaca, New York, at 7:30 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; Tracy Mitrano, Board Member; Larry Thayer, Board Member; Rod Howe, Board Member; Kevin Talty, Board Member; Jonathan Kanter, Director of Planning; Bill Troy, Attorney; Dan Walker, Director of Engineering (arrived @ 8:25 p.m.); Fred Noteboom, Highway Superintendent (arrived @ 7:50 p.m.); Susan Ritter, Assistant Director of Planning; Mike Smith, Environmental Planner. EXCUSED: Christine Balestra-Lehman, Planner. ALSO PRESENT: D. Rob Mackenzie, 6252 Brown Rd. Trumansburg NY; Jessica Keltz, Ithaca Times; Stacey Crawford, Better Housing for Tompkins County; Bruce John, Better Housing for Tompkins County; Tom Sanford, 138 Oakwood Rd; Marty Shapiro, 1962 Elmira Rd; Randy Hall, 225 Elmira Rd; John Fennessey, Conifer Realty; David Harding, Carl Jahn & Associates. Chairperson Wilcox declared the meeting duly opened at 7:37 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on February 11, 2002, and February 13, 2002, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and/or agents, as appropriate, on February 13, 2002. (Affidavit of Posting and Publication is hereto attached as Exhibit #1.) Chairperson Wilcox read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Wilcox opened this segment of the meeting at 7:37 p.m. With no persons present to be heard, Chairperson Wilcox closed this segment of the meeting at 7:38 p.m. AGENDA ITEM: SEAR Determination, Mackenzie 2-Lot Subdivision, Corner of Elm Street Extension and Valley View Road. Chairperson Wilcox opened this segment of the meeting at 7:38 p.m. Marty Shapiro, 1962 Elmira Road Newfield - I am representing Doctor and Mrs. Mackenzie. Chairperson Wilcox - Would you give just a brief overview of the application and any environmental impacts that you might be aware of? Liber:CD2505 Page:2864 PLANNING BOARD MINUTES FEBRUARY 19, 2002 APPROVED - MARCH 19, 2002 - APPROVED Mr. Shapiro - Yes, to answer your second question first, there are no environmental impacts to which i am aware. This is a fairly simple subdivision taking one lot converting it into two properties located on the corner of Elm Street Extension and Valley View Road. Both result in lots that conform in every way that 1 am aware of to the various codes and ordinances of the Town of Ithaca. I am aware of the Planning Departments suggestion that the entrance for the second lot be on Valley View Road. That is perfectly fine with my clients. In fact, it makes more sense. Other than that, I do not have nothin else. Chairperson Wilcox - Any questions? Board Member Hoffmann - It seems pretty straight forwards. Chairperson Wilcox - You can have a seat. Would someone like to move the SEOR motion? Board Member Conneman - I'll move it. Chairperson Wilcox - So moved. Do I have a second? Board Member Howe - Second. Chairperson Wilcox - Seconded by Rod Howe. 9 RESOLUTION NO. 2002-12 - SEAR Preliminary & Final Subdivision Approval, MacKenzie 2-Lot Subdivision, Valley View Road & Elm Street Extension, Tax Parcel No 29 3 3 2 MOTION made by George Conneman, seconded by Rod Howe. WHEREAS: This action is consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at the corner of Elm Street Extension and Valley View Road, Town of Ithaca Tax Parcel No. 29-3-3.2, Residence District R-15. The proposal is to subdivide the 1.81 +/- acre parcel into a 0.93+/- acre parcel and a 0.88+/- acre parcel. D. Rob and Margaret MacKenzie, Owners/Applicants; Martin A. Shapiro, Esq., Agent. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, on February 19, 2002, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part ll prepared by Town Planning staff, a plat entitled, "MacKenzie Subdivision -Valley View Road, Lands of D. Rob and Margaret MacKenzie — Elm Street Extension and Valley View Road, Town of Ithaca, Tompkins County, New York, " prepared by Kenneth A. Baker L.S., dated September 13, 2000, and other application materials, and 2 Liber:CD2505 Page:2865 PLANNING BOARD MINUTES FEBRUARY 19, 2002 APPROVED - MARCH 19, 2002 - APPROVED 4. The 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 the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The motion was declared to be carried unanimously. Chairperson Wilcox - The SEAR motion is passed unanimously. Chairperson Wilcox closed this segment of the meeting at 7:40 p.m. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at the corner of Elm Street Extension and Valley View Road, Town of Ithaca Tax Parcel No. 29.-3-3.2, Residence District R-15. The proposal is to subdivide the 1.81 ± acre parcel into a 0.93 ± acre parcel and a 0.88 ± acre parcel. D. Rob and Margaret Mackenzie, Owner/Applicant; Martin A. Shapiro, Esq., Agent. Chairperson Wilcox opened the public hearing at 7:40 p.m. Chairperson Wilcox - This is a public hearing. If there is a member of the audience, member of the public who wishes to address the Planning Board, please step forward, give us your name and address. We will be very interested to hear what you have to say on the matter. There being none; we will close the public hearing at 7:41 p.m. and bring the matter back to the board. Chairperson Wilcox - I note, Chris is not here. In her cover memo, she simply recommends that the driveways front on Valley View Road. It is not relevant to the resolution because the action is subdivision, not site plan. Mr. Kanter - It is up to the board if you felt that you wanted to confirm that so that when it goes for a building permit, the Building Department knows that that is what the Planning Board would like, you can certainly add that as a condition. We did not feel it was necessary to specifically state it. It is ultimately up to the Highway Superintendent basically, to make those determinations anyway. Board Member Howe - If we don't need... 3 Liber:CD2505 Page:2866 PLANNING BOARD MINUTES FEBRUARY 19, 2002 APPROVED - MARCH 19, 2002 - APPROVED Chairperson Wilcox - Any further discussion? Would someone like to move the motion for subdivision? Board Member Mitrano - Our visiting attorney would like to say a word. Mr. Troy - Not at all. I was just waving to somebody. Board Member Hoffmann - I'll move the motion. Chairperson Wilcox - So moved by Eva Hoffmann. Do I have a second? Board Member Talty - i'll second. Chairperson Wilcox - Seconded by Kevin Talty. Any further discussion? RESOLUTION NO.2002-13 - Preliminary and Final Subdivision Approval, MacKenzie 2-Lot Subdivision, Valley View Road & Elm Street Extension, Tax Parcel No 29-3-3 2 MOTION made by Eva Hoffmann, seconded by Kevin Talty. WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision Approval for the proposed two lot subdivision at the corner of Elm Street Extension and Valley View Road, Town of Ithaca Tax Parcel No. 29-3-3.2, Residence District R-15. The proposal is to subdivide the 1.81+1- acre parcel into a 0.93+1- acre parcel and a 0.88+1- acre parcel. D. Rob and Margaret MacKenzie, OwnerslApplicants; Martin A. Shapiro, Esq., Agent. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on February 19, 2002, 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 a Part ll prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on February 19, 2002, has reviewed and accepted as adequate, a plat entitled, "MacKenzie Subdivision -Valley View Road, Lands of D. Rob and Margaret MacKenzie — Elm Street Extension and Valley View Road, Town of Ithaca, Tompkins County, New York, " prepared by Kenneth A. Baker L. S., dated September 13, 2000, 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 Checklist, having determined from the materials presented that such waiver will result in neither a Ell ti Liber:CD2505 Page:2867 PLANNING BOARD MINUTES FEBRUARY 19, 2002 APPROVED - MARCH 19, 2002 - APPROVED significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two lot subdivision of Town of Ithaca Tax Parcel No. 29-3-3.2 located at the corner of Elm Street Extension and Valley View Road, as shown on the plat entitled "MacKenzie Subdivision -Valley View Road, Lands of D. Rob and Margaret MacKenzie," subject to the following condition: a. submission for signing by the Chairman of the Planning Board of an original or mylar copy of the plat and three dark -lined prints, prior to filing with the Tompkins County Clerk's Office. The vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe, Talty. NAYS: None. The motion was declared to be carried unanimously.