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HomeMy WebLinkAboutPB Minutes 1986-07-08 ja�" 416 61� TOWN OF ITHACA PLANNING BOARD TUESDAY, JULY 8 , 1986 The Town of Ithaca Planning Board met in regular session on Tuesday, July 8 , 1986 , in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7 :30 p.m. PRESENT: Chairman Montgomery May, Edward Mazza, Carolyn Grigorov, Virginia Langhans, James Baker, Lawrence P. Fabbroni (Town Engineer) , John C. Barney, (Town Attorney) , Susan C. Beeners (Town Planner) , Ruth Allen (Temporary Recording Secretary) . ALSO PRESENT: Willis S. Hilker, William D. Hilker, Anne Rodda, Zsofia Mezgar, Evan N. Monkemeyer, Carol Macah, Elmer Ewing, Edward J. Julian, Marilyn Jordan, Maureen Blandford, Philip Cornell, Patricia Cornell, Edward Wilson, Carol Brinkerhoff, James Brinkerhoff, Fred Yahn (Ithaca Journal) , Donna Mandell (WTKO) , Debbie Munch (WQNY) , Vivian Lee (WVBR) , Steven Seidman, Thomas J. Kern, Diane Hicks-Hughes, Rick Hughes, Nansen P. Josselyn, Paul A. Jacobs, William S. Seldin, Esq. , Chris Seldin, Mark Tomlinson, George Sheldrake, Tracie Evans, Donald K. Josselyn, Ronald B. Knewstub, Sandy Knewstub, Corrine Bruno, David Dubin, Jeff Coleman, Esq. , Joyce C. Maki, Al Snyder, Glenn Snyder, Barbara Bartholomew, William F. Albern, Matthew Whittemore, Jodie Myers , Pat Carnell, Jonathan Albanese, Esq. Chairman May declared the meeting duly opened at 7 :44 p.m. PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL OF A THREE-LOT SUBDIVISION OF LANDS LOCATED AT 277 BURNS ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-48-1-14 . 312 , 31 ACRES. SHIRLEY S. HILKER, OWNER. Willis Hilker addressed the Board regarding the distance between the lots in question. It was determined via the survey that the distance was adequate for the lot and roadway, and that there was sufficient access to the backlands. A bearing on the map was corrected to read: "East" . Chairman May declared the Public Hearing in the above-noted matter duly opened. There were no public comments. MOTION by Mrs . Carolyn Grigorov, seconded by Mr. James Baker: WHEREAS: 1. This project is a 3-lot subdivision of lands in an R30 residential district at 255 and 277 Burns Road. This is an Unlisted action for which the Planning Board has been Planning Board -2- July 8 , 1986 legislatively determined to act as Lead Agency, and for which a Short Environmental Assessment Form has been completed and reviewed at a Public Hearing on July 8 , 1986 . 2 . A recommendation of a negative determination has been made by the Town Planner. THEREFORE, IT IS RESOLVED: 1 . That the Planning Board shall act and hereby does act as the Lead Agency for the environmental review of this project. 2. That this project is determined to have no significant impact on the environment and a negative declaration of environmental significance shall be and hereby is made. The MOTION was declared to be carried unanimously. Chairman May invited comments from the floor regarding the final draft resolution in the above matter. There were no comments. MOTION by Mrs. Carolyn Grigorov, seconded by Mrs . Virginia Langhans: WHEREAS: 1 . This action is the subdivision of an original 33.6 acre lot, Town of Ithaca Tax Parcel No. 6-48-1-14 .312, located at 277 Burns Road, owned by Shirley S. and Willis S. Hilker, with a portion owned by James K. Hilker, into one lot of 2.54± acres (also known as Town of Ithaca Tax Parcel No. 6-48-1-14 .311 , 255 Burns Road) , one lot of 1 . 8± acres, and one lot of 29.27± acres, respectively, also known as 277 Burns Road. 2 . The Planning Board has reviewed a Short Environmental Assessment Form for this proposed subdivision and made a determination of negative environmental significance on July 8 , 1986 . 3 . The Planning Board has reviewed this final subdivision proposal at a Public Hearing on July 8 , 1986 . 4 . The following maps have been presented in regard to this proposal: a. "Sketch Map Showing Lands Now or Formerly of Willis Hilker, traced from Assessor' s Map 48 , Town of Ithaca" (undated) , sealed and signed by Howard R. Schlieder. b. "Survey Map of Part of Lands on Burns Road, Town of Ithaca, Tompkins County, New York" , dated May 29 , 1986 , signed and sealed by Howard R. Schlieder. C. Survey Map of Lands on Burns Road" , dated July 26, 1983 , signed and sealed by Howard R. Schlieder. Planning Board -3- July 8 , 1986 d. "Survey Map Showing Bearings and Distance Between Existing and Proposed Lots on Burns Road", dated June 30 , 1986, signed and sealed by Howard R. Schlieder. THEREFORE, IT IS RESOLVED : That the Planning Board grant and hereby does grant Final Subdivision Approval for the proposed Hilker subdivision as shown on: a. "Sketch Map Showing Lands Now or Formerly of Willis Hilker, traced from Assessor' s Map 48 , Town of Ithaca" (undated) , sealed and signed by Howard R. Schlieder. b. "Survey Map of Part of Lands on Burns Road, Town of Ithaca, Tompkins County, New York" , dated May 29 , 1986 , signed and sealed by Howard R. Schlieder. C. "Survey Map of Lands on Burns Road" , dated July 26, 1983, signed and sealed by Howard R. Schlieder. d. "Survey Map Showing Bearings and Distance Between Existing and Proposed Lots on Burns Road" , .dated June 30 , 1986 , signed and sealed by Howard R. Schlieder. The MOTION was declared to be carried unanimously. SKETCH PLAN REVIEW: CONSIDERATION OF PROPOSED MODIFICATIONS TO THE APPROVED SITE PLAN FOR SPRINGWOOD TOWNHOUSES, LOCATED AT 123 EAST KING ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-43-2-8 . HERBERT N. MONKEMEYER, OWNER; EVAN N. MONKEMEYER, AGENT. Evan N. Monkemeyer appeared before the Board, with drawings, and indicated that the 1972 plan of the 15-acre site was essentially still the current plan, except that the units left to be built would now be two-bedroom units instead of one-bedroom units. The expanded buildings would be longer and slightly wider. The designs would be the same. There would be 8 covered garages, one converted to a laundry and one for inventory, leaving six for leasing purposes. The rest of the plan would remain the same, with similar density, although the amount of paving would increase slightly. A question was asked regarding the center island's purpose, and he indicated it was for an island for mailboxes and dumpsters, and would be landscaped. The added square footage to the apartments would be from 850-900 sq. ft. to 1 ,000-1 ,100 sq. ft. , a 10%-15% increase. Edward Mazza asked about occupancy, and Mr. Monkemeyer indicated that these dwellings, which were for rent but not for purchase, would be occupied by professional people who desired a spare bedroom to use as a study or possibly for another family member. Planning Board -4- July 8 , 1986 Chairman May indicated that the Planning Board would need the unit plans and codes to grant a "preliminary" , but that the Sketch Plan seemed alright. SKETCH PLAN REVIEW: CONSIDERATION OF A PROPOSED FIVE-LOT SUBDIVISION OF LANDS FROM TOWN OF ITHACA TAX PARCEL NO. 6-43-1-3.2 , LOCATED ON EAST KING ROAD, HERBERT N. AND LENORA MONKEMEYER, OWNERS, EVAN N. MONKEMEYER, AGENT, AND FURTHER, CONSIDERATION OF A REAFFIRMATION OF FINAL SUBDIVISION APPROVAL OF FIVE LOTS FROM TOWN OF ITHACA TAX PARCEL NO. 6-43-1-3.32 , LOCATED ON EAST KING ROAD, SUCH LOTS HAVING RECEIVED FINAL SUBDIVISION APPROVAL ON JANUARY 22 , 1980, UNDER THE NAME OF "OAK RIDGE SUBDIVISION" , EVAN N. MONKEMEYER, OWNER. Evan N. Monkemeyer addressed the Planning Board, indicating that the "further" clause does need a public hearing. The non-filing was because interest rates had soared to 22% . He indicated that the 5-lot subdivision has in-ground electric and phone, with natural gas and water across the road. Sewer is one block away, and it is planned to extend the sewer for these lots and the backland service as well. Two lots are already built and sold. This five-lot site has all utilities except for sewer, and is on the north side of East King Road. The zoning is R30; 30 ,000 square feet. He intends to maintain large lots and construct homes to sell; single family units with restrictions on apartments. These will not be duplexes. He intends to develop value by keeping the lots larger, with space for gardens, etc. Chairman May asked about the previously discussed drainage problems. Mr. Monkemeyer indicated that since the drainage ditch was created there are no problems. Chairman May asked regarding the culvert to the backlands, and was told it was already planned for, along with a bikeway and walkway right of way or easement, between East King Road and Ithaca College. Planning for this up front is important. Discussion followed regarding the status of the road to the back lots. Town Attorney Barney indicated that a variance would be needed because the road to lot 5 is not a public one, and Mr. Monkemeyer responded that it could be made a public road. Also, that NYSEG needs 5 units built together to go ahead with underground utilities plans. Chairman May suggested that Mr. Monkemeyer go ahead with plans, bring in site plans and all details, and there would be a public hearing at that time. Planning Board -5- July 8 , 1986 PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL OF A 60-LOT SUBDIVISION OF LANDS LOCATED AT 119 PARK LANE, TOWN OF ITHACA TAX PARCEL NO. 6-56-3-13 .2, 33.6 ACRES . WILLIAM FRANDSEN, OWNER/DEVELOPER. Mr. Frandsen spoke to the assemblage, indicating that there had been many changes since the original approval had been granted, and that there would be considerable funds needed in off-property changes to develop access for this subdivision, and therefore he wanted approval at this stage before investing such sums. He indicated that the sewer is in, several units are in, based upon the prior approvals. Virginia Langhans asked Mr. Frandsen if the Park Lane Extension was part of this and was told yes. Edward Mazza inquired about the access to Slaterville Road, and was told that the gas pipe must be lowered 20 feet at a cost of $30,000 to $40 ,000. The pipe is NYSEG' s. The cost of the additional road would also be $30 , 000 to $40,000. Mr. Frandsen felt he would only spend the money on the road if the rest of the project would go through without reservations or further changes, because the majority of these changes are for other people and properties and only incidentally for his subdivision. Concern was expressed regarding the shortage of exits for the area, as the 140 homes plus the new 60 would be 200 residences all using such limited access. Mr. Fabbroni noted that Mr. Frandsen had had to keep changing his plans whenever the Eastern Heights developers did, and that Mr. Frandsen was then placed at a further disadvantage due to the changes in the Park. Mr. Frandsen agreed to help with the cost of the road, but NYSEG has not yet agreed to any part of the costs involved for the road or for the gas line. The Town would like to work it out among the three parties. Accesses have been of great concern throughout. The drainage problem from the property to Slaterville Road was largely resolved with Frandsen' s prior easement. More work is needed on this as 10 years have passed since then. Virginia Langhans inquired whether the gas line had to be lowered to construct the new road, and Mr. Fabbroni answered yes. Chairman May opened the hearing to the public at 8:22 p.m. Patricia Carnell, of 120 Park Lane, said access was needed as access through Snyder Hill is often difficult, especially in winter. Phil Cornell, of 117 Park Lane, said that the school busses won't �,. travel the 10% grade in the proposed road. Planning Board July 8 , 1986 Patricia Cornell, of 117 Park Lane, said she spoke to the School Bus Superintendent. The busses won 't go farther than Eastern Heights Drive, and don't go up Tudor Road. Mr. Fabbroni indicated the concern regarding busses was shoulders and ditches. Mr. Frandsen replied that one must make the best of a bad situation, and that the busses do go up State Street, so that a case could be made requiring them to do so on these other roads. Mr. Cornell mentioned that the gas line is empty (unpressurized) . Mr. Fabbroni indicated that the issue is the cost -- who will pay for the modifications to the gas line? Mr. Frandsen assured the group that the modifications could and would be done if the project is approved. Zsofia Mezgar, of 103 Park Lane, was concerned about the ruin of the existing road during the course of construction -- would the new road open before building homes? Mr. Cornell added that the Town Board had already agreed that the road would have to be completed prior to the construction of homes. Mr. Fabbroni explained that that had been a four-party agreement and was probably no longer valid. Chairman May said that if this agreement was stated in the Town Board Minutes this question must be addressed to the Town Board first. Town Attorney Barney added that only preliminary approval had been requested so far by the developer anyway. Pat Cornell asked what preliminary approval would do. Chairman May said "Nothing" . It would give him clout with NYSEG, and let him know that we approve in general. Mr. Frandsen added that it would give NYSEG an excuse to spend the $40 ,000 on the gas line. Mr. Eddy Wilson, of 116 Park Lane, asked if NYSEG okays the line change and picks up the tab, which would come first the access road or the houses? Mr. Frandsen replied that the road would come first if at all possible, and that the project itself would have a five to seven year time span. Town Attorney Barney indicated that the Town could impose a condition that only a certain number of building permits would be issued prior to the completion of the road. Planning Board -7- July 8, 1986 Mrs . Cornell said that this was already done last summer, and is still essential. Chairman May promised that the matter would be researched. Mrs. Cornell expressed appreciation for the Notices of the Public Hearing she and her neighbors received. Mr. Tom Kern of 114 Park Lane expressed concern about the safety of the small children in the area, since there are no stop signs, with all the anticipated construction traffic. Mr. Wilson agreed, especially because of the park at that location, the poor visibility, the slope, and the large number of young pedestrians and bicyclists. Chairman May explained that that was a matter to be taken to the Town Board. He closed the Public Hearing at 8:30 p.m. Virginia Langhans asked what the pipe is for if it is not pressurized currently. Mr. Fabbroni explained that it is in use, but can be bypassed depending on the City's need for gas at any given time. As there were no further comments from the public, Chairman May closed the Hearing at this time. MOTION by Mrs. Virginia Langhans, seconded by Mrs . Carolyn Grigorov: WHEREAS: 1 . This action is a proposal for preliminary subdivision approval for a 60-lot subdivision of lands zoned R-15 located between Park Lane and Slaterville Road , Town of Ithaca Tax Parcel No. 6-56-3 .13.2 . The Planning Board has been legislatively determined to act as Lead Agency in the environmental review of such subdivisions. 2. This is a Type I action for which a Long Environmental Form relating to the action has been completed and reviewed by the Planning Board at a Public Hearing on July 8 , 1986. The Tompkins County Health Department is a potentially involved agency which is to be notified of this action. 3 . A recommendation of a negative declaration of environmental significance for the preliminary subdivision proposal has been made by the Town Planner, based on the following mitigating measures: a. The execution of an agreement in regard to the extension of Park Lane to Slaterville Road. Planning Board -8- July 8 , 1986 b. The submission, for final subdivision approval, of plans pursuant to Section 37 of the Town of Ithaca Subdivision Regulations, and showing proposed drainageways and typical lot grading and revegetation. C. The approval of the final design of the cul, de sac of Kings Lane in general municipal lands within Eastern Heights Park by the Town Engineer. d. The submission of any other easements pertinent to drainage and utility development. THEREFORE, IT IS RESOLVED: 1 . That the Planning Board shall act and hereby does act as the Lead Agency for the environmental review of this Type I project. 2. That this project as proposed is determined to have no significant impact on the environment and a negative declaration of environmental significance for the preliminary subdivision plan shall be and hereby is made, based on the following conditions: a. The execution of an agreement in regard to the extension of Park Lane to Slaterville Road. b. The submission, for final subdivision approval, of plans pursuant to Section 37 of the Town of Ithaca Subdivision Regulations, and showing proposed drainageways and typical lot grading and revegetation. C. The approval of the final design of the cul de sac of Kings Lane in general municipal lands within Eastern Heights Park by the Town Engineer. d. The submission of any other easements pertinent to drainage and utility development. The MOTION was carried unanimously. MOTION by Mrs. Carolyn Grigorov, seconded by Mr. James Baker: WHEREAS: 1 . This project is a proposal for preliminary subdivision approval for a 60--lot subdivision of lands zoned R-15 located between Park Lane and Slaterville Road, Town of Ithaca Tax Parcel No. 6-56-3-13 .2 . 2. The Planning Board has reviewed this project at a Public Hearing on July 8 , 1985 , as presented on a map entitled "Preliminary Subdivision Plat - Frandsen Subdivision, Slaterville, Road, Town of Ithaca, New York" , dated April 25, 1986 , William Frandsen, Owner, John S. MacNeill Jr. , P.C. , Consulting Engineer and Land Planning Board -9- July 8, 1986 Surveyor. 3 . The Planning Board has reviewed the Long Environmental Assessment Form for this project and has made a negative determination of environmental significance, based on the following mitigating measures: a. The execution of an agreement in regard to the extension of Park Lane to Slaterville Road. b . The submission, for final subdivision approval, of plans pursuant to Section 37 of the Town of Ithaca Subdivision Regulations, and showing proposed drainageways and typical lot grading and revegetation, and showing the road extension to Slaterville Road. C. The approval of the final design of the cul de sac of Kings Lane in general municipal lands within Eastern Heights Park by the Town Engineer. d. The submission of any other easements pertinent to drainage and utility development. THEREFORE, IT IS RESOLVED: That the Planning Board grant and hereby does grant Preliminary Subdivision Approval based on the following conditions: a. The execution of an agreement in regard to the extension of Park Lane to Slaterville Road. b. The submission, for final subdivision approval, of plans pursuant to Section 37 of the Town of Ithaca Subdivision Regulations, and showing proposed drainageways and typical lot grading and revegetation, and showing the road extension to Slaterville Road. C. The approval of the final design of the cul de sac of Kings Lane in general municipal lands within Eastern Heights Park by the Town Engineer. d. The submission of any other easements pertinent to drainage and utility development. e. Clarification of the requirements relating to the road imposed by the Town Board prior to the issuance of final subdivision approval. The MOTION was passed unanimously. Chairman May at this time read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. Planning Board -IO- July 8 , 1986 PRESENTATION OF MOTION: IN RE CONSIDERATION OF SITE PLAN APPROVAL FOR A PROPOSED EXPANDED MOBILE HOME PARK (COLLEGE VIEW PARK) AND RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO THE PROPOSED REZONING OF THE LANDS OF PAUL A. JACOBS FROM RESIDENCE DISTRICT R-30 TO RESIDENCE DISTRICT R-5 (MOBILE HOME PARK DISTRICT) , LOCATED AT 136-146 SEVEN MILE DRIVE, TOWN OF ITHACA TAX PARCEL NO. 6-33-2-2, AND A PORTION OF TOWN OF ITHACA TAX PARCEL NO. 6-33-2-1 , PAUL A. JACOBS, OWNER/DEVELOPER, AND FURTHER, CONSIDERATION OF SUBDIVISION APPROVAL FOR A TWO-LOT SUBDIVISION OF THE LANDS OF PAUL A. JACOBS, 146 SEVEN MILE DRIVE, TOWN OF ITHACA TAX PARCEL NO. 6-33-2-1, PAUL A. JACOBS, OWNER/SUBDIVIDER. Attorney William S. Seldin spoke from the floor, stating that in his opinion there was a premature closing of the public hearing on the above item because new environmental assessment had been added. He felt that the Planning Board could not proceed under SEQR without legal notice and an opportunity for public comment. Chairman May said that public notice was given at prior meeting, and that that was sufficient. Susan Beeners said that the Town Board is the lead agency for rezoning, and that the document under consideration is dynamic, and doesn't need to be finalized at this time. Town Attorney Barney agreed. Chairman May asked Mr. Jacobs regarding the buffer zone, western boundary. He replied that it is a heavily wooded area. Chairman May indicated that a letter received by the Planning Board stated that the buffer zone was not his property. Mr. Jacobs showed the land on a map and indicated it was his. Discussion followed regarding the type of woods (heavy or thin pines) to be found in the zone. The concern, as expressed by Attorney Albanese and Mr. Knewstub, was the visibility of the new construction. Edward Mazza defined the buffer as needing to be a 30 ' space, not necessarily woods. Carolyn Grigorov asked if planting was required there and Mr. Knewstub believed it was required. Chairman May was concerned with exception #1 and wanted anchors for all homes to be required, within one year on existing trailers. Edward Mazza was concerned with the expression on the map -- "future development area" ; felt it was too broad, and did not want to consent to approving of this at this time. Virginia Langhans expressed concern regarding exception #2 --- the additional parking spaces requirement being waived. Town Attorney Barney clarified, and indicated there would be a 1-1/3 space deficiency, and that the requirements referred only to the Planning Board --ll- July 8 , 1986 existing portion of the Park. MOTION by Mr. Montgomery May, seconded by Mr. Edward Mazza: WHEREAS: 1 . This project is a proposal for the rezoning of 18± acres of the lands of Paul A. Jacobs, such lands consisting of all of the Town of Ithaca Tax Parcel No. 6-33-2-2 containing 2.9 acres and being the site of the College View Park mobile home park, and a 15 . 1± acre portion of Tax Parcel No. 6-33-2-1, such lands located at 136-146 Seven Mile Drive, from Residence District R-30 to Residence District R-5 (Mobile Home Park District) and for expansion within this acreage of the existing mobile home park from 24 to 56 units , and to 54 units within three years, such 54 units to include 5 doublewide units. 2 . This project is a Type I action for which the Town Board has been legislatively determined to act as Lead Agency. 3 . The Planning Board has reviewed this project at Public Hearings on April 1 , May 6, May 20, and June 17 , 1986 (as adjourned from June 3, 1986) . 4 . The Planning Board on July 8 , 1986 has reviewed a revised site plan and detail sheet entitled "Addition to Collegeview Mobile Home Park - Paul Jacobs - Drawings 1 and 211, by William F. Albern, P.E. , dated June 18 , 1986 , showing revisions made in response to recommendations by the Planning Board on June 17 , 1986 and by the Tompkins County Health Department in a letter dated June 13 , 1986 . The Planning Board on July 8 , 1986 has also reviewed a letter from the applicant ' s engineer to the Tompkins County Health Department dated June 18 , 1986 , which responds to recommendations on utility and site design which were made by said Health Department. The Planning Board on July 8 , 1986 has also reviewed correspondence, dated July 7 , 1986 , from the applicant' s attorney in response to photographs taken of the site, and, correspondence dated July 8 , 1986 in response to the requirements of Article II-A, Section 3D, Paragraph 2 , of the Town of Ithaca Zoning Ordinance. 5 . A recommendation of a negative determination of environmental significance has been made by the Town Planner, contingent upon the implementation of mitigating measures as set forth in drawings and documentation submitted for this project, and upon the adoption and implemention of the following conditions: a. That additional evergreens be planted to supplement an existing hedgerow on the south side of the property near an adjacent house, and along the east edges of lots 35 , 36 , and 37, and that such be shown on the site plan. b. That an approval by the Tompkins County Health Department of the design of proposed water and sewer systems be submitted Planning Board -124 July 8 , 1986 prior to consideration of the final site plan by the Town of Ithaca Planning Board. C . That a buffer zone 30 feet in depth from the right of way of Seven Mile Drive be established within one year of any rezoning. d . That the density of the existing Park be reduced from 24 to 22 mobile homes within one year of any rezoning. e . That the existing park driveway be resurfaced upon completion of Phase I of Park expansion or within two years of any rezoning, whichever is earlier. f. That proper erosion control measures be practiced during project development. g. That the current owner submit an agreement in form and substance satisfactory to the Planning Board and Town Attorney submitting the entire mobile home park (including the existing mobile home park) to the conditions contained in this approval, to the conditions imposed by the Town Board in any approval of rezoning, and to the requirements of Article II-A of the Town of Ithaca Zoning Ordinance or any successor statute, except that the lot sizes in the existing park may remain even if they are less than the size otherwise required by Article II-A. Such agreement shall be in a form permitting its recording in the Tompkins County Clerk's Office and it shall be recorded at the owner' s expense within 10 days of a final site plan approval. h. That the owner provide an "as-built" site plan of the existing mobile home park in form and substance satisfactory to the Planning Board showing the mobile homes, lots, utilities, roads, and other items reasonably required by the Board. Such plat shall be submitted before final site plan approval of the new lots . i. That all refuse and debris, including especially any inorganic items (pipes, sheet metal, cans, etc. ) be removed from the existing park and the planned new park, or stored only in closed garbage containers located as approved by the Planning Board, before any building permits are issued for the new park. j . That the park (both existing and as planned) be kept free of refuse and debris as a condition to issuance each year of the operating permit, as well as a condition for the issuance of any future building permits. 6 . The Planning Board has found that: a. There is a need for the proposed use in the proposed location. At present, there is one mobile home park in the Planning Board -13- July 8 , 1986 Town, such park being a legal non-conforming use, and being located on the Jacobs' lands within the area for which rezoning is requested. Expansion of the park would assist in filling a need for affordable family housing; b. The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected. Mobile home parks in low-density, primarily agricultural areas are a typical housing form in the Cayuga Inlet Valley from the flats of the City of Ithaca southward to Newfield. The property is in an R--30 Residential Zone where large amounts of land are currently agricultural, and can be expected to remain so, and where land is not expected to be intensively developed with conventional R-9 or R-15 housing sites due to the lack of demand for and currently foreseeable unfeasibility of developing public utilities in this area. C. The location of the site and the design of the project are suitable for the proposed use. Located in the southern portion of the Cayuga Inlet Valley, the site of the proposed mobile home park zone is sufficiently concealed from existing and potential residential and recreational view areas on the hills of the Town. Site topography, existing evergreens and other wooded areas located in the perimeter buffer of the proposed zone, and proposed landscaping, as to be amended per the conditions described in "5. " above, will assist in screening the proposed use from adjacent areas. The design of utilities, as described in "4 . " and "5. " above, has undergrone preliminary review by the Tompkins County Health Department. d. The proposed change is in accordance with a comprehensive plan of development of the Town. Amendment of the Zoning Ordinance to establish a Mobile Home Park District has been enacted in order to provide a means for sound development of this form of affordable housing. The proposed zone was identified as a suitable location for a mobile home park in a 1985 comprehensive plan staff study on mobile home park site location. THEREFORE, IT IS RESOLVED : 1 . That the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that a negative determination of environmental significance be made for this project, contingent upon the implementation of mitigating measures as set forth in drawings and documentation submitted for this project , and upon the adoption and implementation of certain requirements as set forth in paragraph 2 below. 2. That the Town of Ithaca Planning Board approve and hereby does approve the aforementioned site plan entitled "Addition to Collegeview Mobile Home Park - Paul Jacobs -- Drawings 1 and 2" , Planning Board -14-- July 8 , 1986 by William F. Albern, P.E. , dated June 18 , 1986 , with the recommendation that the following additional requirements be included in any local law authorizing rezoning: a. That additional evergreens be planted to supplement an existing hedgerow on the south side of the property near an adjacent house, and along the east edges of lots 35, 36 , and 37, and that such be shown on the final site plan. b. That an approval by the Tompkins County Health Department of the design of proposed water and sewer systems be submitted prior to consideration of the final, site plan by the Town of Ithaca Planning Board. C . That a buffer zone 30 feet in depth from the right of way of Seven Mile Drive be established within one year of any rezoning. d . That the density of the existing Park be reduced from 24 to 22 mobile homes within one year of any rezoning. e_ That the existing park driveway be resurfaced upon completion of Phase I of Park expansion or within two years of any rezoning, whichever is earlier. f. That proper erosion control measures be practiced during project development. g . That the current owner submit an Agreement in form and substance satisfactory to the Planning Board and Town Attorney submitting the entire mobile home park (including the existing mobile home park) to the conditions contained in this approval, to the conditions imposed by the Town Board in any approval of rezoning, and to the requirements of Article II-A of the Town of Ithaca Zoning Ordinance or any successor statute, with the following modifications to be made for the existing Park: i. The lot sizes in the existing park may remain "as is" even if they are less than the size otherwise required by Article II-A; ii. The requirement for existing homes to be provided with anchors, as required under Section 3E, Paragraph 1 , of said Article be waived for one year after approval of rezoning; iii. That the requirements of Paragraph 3 of Section 3E of said Article, requiring one additional parking space for each three mobile homes and that all spaces be within 100 feet of the dwelling unit to be served, be waived; iv. That the buffer yard requirement in Paragraph 4 of Planning Board -25- July 8 , 1986 Section 3E of said Article be waived for the area along the southern boundary of the existing park, and V. that the requirement for storage space for existing homes be waived on the condition that storage spaces will be provided for any new or replacement homes in the existing park. Such agreement shall be in a form permitting its recording in the Tompkins County Clerk ' s Office and it shall be recorded at the owner' s expense within 10 days of a final site plan approval. h_ That the owner provide an "as-built" site plan of the existing mobile home park in form and substance satisfactory to the Planning Board showing the mobile homes, lots, utilities, roads, and other items reasonably required by the Board. Such plat shall be submitted before final site plan approval of the new lots. i . That all refuse and debris, including especially any inorganic items (pipes, sheet metal, cans, etc. ) , be removed from the existing Park and the planned new park, or stored only in closed garbage containers located as approved by the Planning Board, before any building permits are issued for the new park. j . That the park (both existing and as planned) be kept free of refuse and debris as a condition to issuance each year of the operating permit, as well as a condition for the issuance of any future building permits. 3 . That the Planning Board recommend and hereby does recommend to the Town Board that the 18± acres of lands as described above be rezoned from Residence District R-30 to R-5 . 4 . That a final site plan be submitted and approved by the Planning Board pursuant to Section 46-a of the zoning Ordinance, if such rezoning is approved by the Town Board. The MOTION was opposed by Virginia Langhans and James Baker, and approved by Edward Mazza, Carolyn Grigorov and Montgomery May. Chairman May opened the floor to questions regarding the proposed Jacobs subdivision and there were no questions. MOTION by Mrs. Virginia Langhans , seconded by Mrs . Carolyn Grigorov: WHEREAS: 1 . This project is a 2-lot subdivision of lands in an R-30 district at 146 Seven Mile Drive. This is an Unlisted action for which a Short Environmental Assessment Form has been completed and Planning Board -16- July 8, 1986 reviewed at Public Hearings on April 1 , May 6 , May 20 , and June 17 , 1986 ( as adjourned from June 3 , 1986) . . The Planning Board has been legislatively determined to act as Lead Agency in the environmental review of subdivisions. 3 . A recommendation of a negative determination as been made by the Town Planner, conditioned upon the following: a. the submission of a certified map showing the metes and bounds of both the 1 .03 acre parcel and the 20. 97 acre parcel. b. the submission of covenants in recordable form relating to the use of the mobile home park water system acceptable to the Town Engineer and Town Attorney. 4 . There are no affected agencies which should be notified of this determination. THEREFORE, IT IS RESOLVED: 1 . That the Planning Board shall act and hereby does act as the Lead Agency for the environmental review of this project. 2. That this project is determined to have no significant impact on the environment and a negative declaration of environmental significance shall be and hereby is made, conditional upon the following: a. the submission of a certified map showing the metes and bounds of both the 1 . 03 acre parcel and the 20 .97 acre parcel and including the approximate distance to New York State Route 13 . b. the submission of covenants in recordable form relating to the use of the mobile home park water system acceptable to the Town Engineer and the Town Attorney. The MOTION was unanimously approved. MOTION by Mr. Montgomery May, seconded by Mr. James Baker: WHEREAS: 1 . The Planning Board has reviewed a Short Environmental Assessment Form for the proposed Jacobs subdivision and has made a determination of negative environmental significance based on the following conditions: a. the submission of a certified map showing the metes and bounds of both the 1 . 03 acre parcel and the 20.97 acre parcel and including the approximate distance to New York State Route 13 . Planning Board --17- July 8 , 1986 b. the submission of covenants in recordable form relating to the use of the mobile home park water system acceptable to the Town Engineer and the Town Attorney. 2 . The Planning Board has reviewed this subdivision at Public Hearings on April 1 , May 6 , May 20 , and June 17 , 1986 (as adjourned from June 3 , 1986) . 3 . A survey map entitled "Map of Survey - Portion of Lands Owned by Paul A. and Linda S . Jacobs" , by Richard L. MacDowell, Jr. , L.S. , dated April 26, 1986 , has been submitted to the Planning Board. 4 . This action is the subdivision of Town of Ithaca Tax Parcel No. 6-33-2-1 , at 146 Seven Mile Drive, into a 1 . 03 acre parcel and a 20 . 97 acre parcel. THEREFORE, IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary Subdivision Approval, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board grant and hereby does grant Preliminary Subdivision Approval for this subdivision as presented and described on the aforementioned survey map, with Final Subdivision Approval to be conditioned upon the following: a. the submission of a certified map showing the metes and bounds of both the 1. 03 acre parcel and the 20.97 acre parcel and including the approximate distance to New York State Route 13 . b. the submission of covenants in recordable form relating to the use of the mobile home park water system acceptable to the Town Engineer and the Town Attorney. The MOTION was unanimously approved. DISCUSSION: MEANS OF ENFORCEMENT REQUIRED BY THE PLANNING BOARD AFTER THE FACT: WHAT RECOURSE DOES THE PLANNING BOARD HAVE OR CAN IT BE MADE TO HAVE, TO ENFORCE REQUIREMENTS PREVIOUSLY LAID DOWN AND NOT ADHERED TO BY DEVELOPERS ETC. ? The Inlet Valley Co-Op was brought up as an example, but Mr. Fabbroni said it was an "ancient and difficult issue" . Chairman May pointed out that a citizen might ask, "If old conditions were not adhered to, why is the Planning Board granting new building or occupancy permits?" Planning Board -1B- July 8 , 1986 Town Attorney Barney mentioned that Lansing can deny new permits if old ones are not in compliance. The Building Inspector does the policing in this matter, and things are not always noticed. Town Attorney Barney indicated that violations of imposed conditions are misdemeanors, but not normally enforced. MOTION by Mr. Montgomery May: THAT: the Planning Board request the Town Board to grant authority for the withholding of additional subdivision approvals from a developer who is not in compliance with previous conditions imposed on prior subdivisions. This would require a majority vote of the Planning Board in each instance. The MOTION was seconded by Mrs. Carolyn Grigorov. The MOTION was unanimously approved. ADJOURNMENT Chairman May stated that the next meeting would be Tuesday, July 15 , and adjourned the meeting at 9 :55 p.m. Respectfully submitted, Ruth L. G. Allen, Temporary Recording Secretary, Town of Ithaca Planning Board.