HomeMy WebLinkAboutPB Minutes 1986-09-02 TOWN OF ITHACA PLANNING BOARD
SEPTEMBER 2 , 1986
The Town of Ithaca Planning Board met in regular session on
Tuesday, September 2 , 1986, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairman Montgomery May, Virginia Langhans, Carolyn
Grigorov, James Baker, David Klein, Edward Mazza, Robert
Kenerson, John C. Barney (Town Attorney) , Lawrence P.
Fabbroni (Town Engineer) , Susan C. Beeners (Town Planner) ,
Andrew Frost (Town Building Inspector/zoning Enforcement
Officer) .
ALSO PRESENT: Jerold Weisburd, Evan N. Monkemeyer, Carol Macali, Edna
Clausen, Robert G. Berggren, Attorney Shirley K. Egan,
Thomas Neiderkorn, John E. Majeroni , Bonnie VanAmburg,
Walter Eckert, Louis Michael, Sam Matychak.
Chairman May declared the meeting duly opened at 7 : 30 p.m. and
accepted for the record the Clerk' s Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on August 25 , 1986 , and August 28 , 1986, together with
the Secretary's Affidavit of Service by Mail of said Notice upon the
various neighbors of each of the properties under discussion, as
appropriate, upon the Clerk of the City of Ithaca, upon the Building
Commissioner of the City of Ithaca, upon the Tompkins County
Administrator, upon the Tompkins County Commissioner of Planning, and
upon each of the applicants and/or agent, as appropriate, on August
27 , 1986 .
Chairman May read the Fire Exit Regulations to those assembled,
as required by the New York State Department of State, Office of Fire
Prevention and Control.
APPROVAL OF MINUTES - July 8 , 1986
Upon Motion, the Minutes of the Planning Board Meeting of July 8 ,
1986 were approved with the following corrections to page 9 thereof:
1. Paragraph 3 . (b. ) : Add: " , and showing the road extension to
Slaterville Road. "
2. Paragraph (c. ) in the "Resolved" section: Add: " , and showing
the road extension to Slaterville Road. "
3 . Paragraph (e. ) in the "Resolved" section: Change "regulations
related" to "requirements relating" .
APPROVAL OF MINUTES -- July 15, 1986
Upon Motion, the Minutes of the Planning Board Meeting of July
Planning Board -2-- September 2, 1985
15, 1985 were approved with the following correction to Page 19
thereof:
1. Third line of the "Resolved" section: Change "extension" to
"continuance" .
REPORT OF THE TOWN ENGINEER - Lawrence P. Fabbroni
Mr. Fabbroni reported, we have painted the Pine Tree Road tank.
We are presently repairing and painting the Hungerford Hill tank;
there were some major problems with the foundation.
Burns Road has been repaved, including guardrails and signs.
Everyone has been very complimentary of the landscaping job done
there.
Sandbank Road is repaved but not yet re-opened. There are
some roadside treatments that remain to be finished.
Other paving around the Town is progressing.
You are all welcome to come and tour the new sewer plant at
anytime. It is coming along well . The structure is mainly complete,
only architectural finishes remain to be completed. It will be a few
more months before it all comes together.
This summer, we have been able to complete most of our water and
sewer surveys for our projected water and sewer extension. The
students helped us greatly in this task.
Drainage work is continuing, as well as the gabion work in Forest
Home. The pond behind DeWitt, I finally saw it work. It filled up
two-thirds of the way and it actually worked the way it should work.
The recent heavy rains were a good test.
We just about have completed the design for relocating the old
entrance road to the Hospital. The private entities can soon get
going.
The bid specs for heating and air conditioning Town Hall and the
Town Barn heating and ventilating are being worked on. There has been
quite a bit of study this summer.
Our computer system is now state of the art in Ithaca as far as
what we can do with drawings and plans. Part of that is the famous
Judd Falls one-way. Judd Falls Road will , I expect, become a one-way
street around October lst on an experimental basis. It will use the
re-opened Forest Home Drive for the most part.
REPORT OF THE TOWN BUILDING INSPECTOR/ZONING ENFORCEMENT OFFICER -
Andrew Frost.
Mr. Frost reported, that he was investigating some changes in the
Building Inspector' s format. He also described the format of his
Planning Board -3-- September 2, 1986
monthly statistical report. Mr. Frost presented his Report of
Building Permits Issued for the month of August 1986 .
REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY PLANNING
BOARD - Carolyn Grigorov.
Mrs . Grigorov had nothing to report; they have not met.
REPORT OF THE TOWN PLANNER - Susan C. Beeners
Ms. Beeners reported, that most of her time has been taken up on
staff work and planning with regard to related matters. There has
been no let up in the pace of new applications. The Cornell Tradition
student is continuing work on Occupancy Studies and on Industrial
sites survey in preparation for the Industrial site information to be
coordinated with the mapping. Most of the parks work has been
maintenance work. We now have a full-time working foreman, Don
TenKate, replacing Richard Schoch who has her former job. Ms. Beeners
described the activities of the summer youth people.
PUBLIC HEARING: CONSIDERATION OF A REAFFIRMATION OF FINAL SUBDIVISION
APPROVAL OF A FIVE-LOT SUBDIVISION FROM TOWN OF ITHACA TAX PARCEL NO.
6-43-1-3 .32, LOCATED ON EAST KING ROAD, SAID FIVE-LOT SUBDIVISION
HAVING RECEIVED FINAL SUBDIVISION APPROVAL ON JANUARY 22 , 1980 , UNDER
THE NAME OF "OAK RIDGE SUBDIVISION" , EVAN N. MONKEMEYER, OWNER.
Chairman May declared the Public Hearing in the above-noted
matter duly opened at 7:50 p.m.
A Subdivision Map of the above-noted lands was before the Board.
Mr. Monkemeyer appeared before the Board and explained that
nothing has changed since Final Subdivision Approval was given.
Two houses have already been built and sold here.
Because this is an R30 zone , he would like to build a house a
little larger than R30 zoning will allow. He could build this house
without getting a variance. Water and sewer are available on these
larger lots. It would make sense, then, to lessen the side yard
requirements in this case.
Mr. Monkemeyer showed a typical plan of the houses he would like
to build.
Mr. Monkemeyer stated, he was asking for reaffirmation of the
Subdivision Approval for the five lots as previously approved. The
Board may want to consider lessening the side yard requirements for
the future, rather than re-zone.
Chairman May stated, this Hearing concerns the Subdivison only.
Chairman May asked if there were anyone from the public who
wished to speak. No one spoke. Chairman May closed the Public
Planning Board -4- September 2, 1986
Hearing at 8:05 p.m. and asked the Board to move on to the SEQR form,
the Short EAF.
Chairman May asked, have you received reaffirmation from the
Tompkins County Health Department? Mr. Monkemeyer replied, not as
yet. Sewer was discussed.
Mr. Barney asked, if reaffirmation of the Subdivision Approval
was necessary.
Mr. Monkemeyer replied, yes, because the Subdivision Map was
never filed. Mr. Barney asked if there were any conditions from
before? Mr. Monkemeyer replied, no, not that he remembered. Evans
Lane is to be a public road. Mr. Monkemeyer described all the
property he owns, and what his father owns. Five lots are necessary
for underground utilities from NYSEG.
MOTION by Mrs. Carolyn Grigorov, seconded by Mrs . Virginia
Langhans:
WHEREAS :
1. This action is a reaffirmation of Final Subdivision Approval of a
five-lot subdivision from Town of Ithaca Tax Parcel No.
6-43-1-3 .3 (currently 6-43-1-3.31 , 3 .32 , and 3.33) located on
East King Road, said subdivision having received Final
Subdivision Approval on January 2 , 1980 , under the name "Oak
Ridge Subdivision" .
2. This is an Unlisted action for which the Planning Board has been
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 September 2 , 1986. The Tompkins
County Health Department is an involved agency which is to be
notified of this determination.
3 . A recommendation of a conditional negative declaration of
environmental significance has been made by the Town Planner,
conditioned upon the reaffirmation of approval of site sewer and
water systems by the Tompkins County Health Department.
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 conditional negative declaration of
environmental significance shall be and hereby is made,
conditioned upon the reaffirmation of approval of site sewer and
water systems by the Tompkins County Health Department.
There being no further discussion, the Chair called for a vote.
Planning Board -5- September 2, 1986
AYE - May, Langhans, Grigorov, Baker, Klein, Mazza, Kenerson.
NAY - None.
The MOTION was declared to be carried unanimously.
MOTION by Mr. Edward Mazza, seconded by Mr. James Baker:
WHEREAS:
1 . This action is a reaffirmation of Final Subdivision Approval of a
five-lot subdivision from Town of Ithaca Tax Parcel No.
6-43-1-3.3 (currently 6-43-1-3.31 , 3 .32 , and 3 .33) , located on
East King Road, said subdivision having received Final
Subdivision Approval on January 2 , 1980, under the name "Oak
Ridge" Subdivision, as depicted on the following map:
"Subdivision of Portion of Lands of Evan N. Monkmeyer, Skyrise
Associates, Developer, 'Oak Ridge' Subdivision, King Road East,
Town of Ithaca, Tompkins County, New York - Plans for Sanitary
Sewer, Water, and Roadway" , dated December 3, 1979 , revised
January 21 , 1980, by Robert R. Flumerfelt, Engineer.
2 . This project consists of the proposed subdivision of five lots of
32 , 000± square feet each (and including Tax Parcels 6-43-1-3.31
and 3 .33 and a portion of 3 .32) , a 100-foot right of way for
proposed "Evans Lane" , and a remaining 23. 05 acre parent parcel
(currently a portion of 6-43-1-3.32) .
3. The Planning Board has reviewed this action at a Public Hearing
on September 2 , 1986 .
4 . The Planning Board has reviewed the Short Environmental
Assessment for this project and has made a conditional negative
declaration of environmental significance, conditioned upon the
reaffirmation of approval of site sewer and water systems by the
Tompkins County Health Department.
THEREFORE, IT IS RESOLVED:
That the Planning Board reaffirm and hereby does reaffirm Final
Subdivision Approval for this subdivision as depicted on the map cited
in (1. ) above, subject to the reaffirmation of approval of site sewer
and water systems by the Tompkins County Health Department and subject
to the further condition that no building permit be issued for Lot 5
until the road shown on the map cited above has been constructed and
deeded to, and accepted by the Town or alternative arrangements
acceptable to the Town, such as the posting of a bond, are made to
provide assurance that such road will be constructed.
There being no further discussion, the Chair called for a vote.
AYE - May, Langhans, Grigorov, Baker, Klein, Mazza , Kenerson.
NAY - None.
The MOTION was declared to be carried unanimously.
Planning Board -6- September 2, 1986
Chairman May declared the matter of the consideration of
reaffirmation of the Oak Ridge Subdivision duly closed at 8 : 27 p.m.
PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE
SUBDIVISION OF A 14.5 ACRE PARCEL, TOWN OF ITHACA TAX PARCEL NO.
6-58-1-32 . 2, LOCATED BETWEEN 1503 and 1513 SLATERVILLE ROAD, INTO TWO
PARCELS OF 7.1 and 7.4 ACRES, RESPECTIVELY, AND FURTHER, CONSIDERATION
OF FINAL SUBDIVISION APPROVAL OF A TEN UNIT CLUSTERED SUBDIVISION OF
THE 7 .1 ACRE PARCEL, PARTICULARLY. JANICE WOMBLE, OWNER; HOUSECRAFT
BUILDERS, INC. , DEVELOPER.
Chairman May declared the Public Hearing in the above-noted
matter duly opened at 8 :30 p.m.
A Subdivision Map of the above-noted lands was before the Board.
Mr. Weisburd appeared before the Board and noted his revisions to
the Subdivision Map since the last Public Hearing. One revision was,
including a 60 ' right of way. Also included, were sewer extension
details. The landscaping plan has been revised. In addition, the
Planning Board approved the restrictions and covenants and they have
been passed on.
Mr. Weisburd presented a topography map which included the
preliminary grading plan . He submitted to NYSDOT for driveway
permits . Fred Grout has "no problem with the plan" . It will be
submitted to Roger Yonkin as approved. The drainage, contours,
parking, and houses were described.
Mr. Klein stated, with the culvert included in the right of way,
there really would not be 60 ' . The access easement was discussed.
The frontage along the right of way would be 601 .
Mr. Weisburd remarked, upon upgrading that culvert the right of
way may change.
Mr. Fabbroni remarked, the State could still have an improvement
in the ditch adjacent to a future Town Road. This is the same
situation as Park Lane where we superimposed a road right on the
drainage easement.
Mr. Mazza asked, does the State want to be notified of a plan
like this?
Mr. Fabbroni replied, they are not that interested until you have
a construction plan and the profile details of such a road.
Mr. Mazza asked, what happens if there is no agreement in the
future between the Town, the developer, and the State? Does that
eliminate our 60 ' access to the backland?
Mr. Fabbroni replied, it may require some further negotiation.
There would be some construction difficulties in placing a road in
that 60 ' right of way, but with careful planning, retaining structure,
Planning Board -7- September 2, 1986
etc. , it can be done. It is a good construction project, not unlike
the entrance to Commonland.
Mr. Weisburd added, you can alter a State right of way; you have
to first submit details of the plan for their approval.
Mr. Mazza commented, what would happen if you could not get that
approval. You would have no access to the backlands .
Mr. Fabbroni remarked, some property owners lose some of their
Frontage because of State rights of way. They will impose a driveway
slope requirement .
Mr. Mazza asked, what would that make the slope to the back?
What would the grade be?
Mr. Weisburd replied , the slope would be about 3%. The road is
possible; you may have to place fill or a retaining wall.
Mr. Barney stated, legally, you do not have the right to place a
road in that easement; you may be able to get approval.
Mr. Weisburd remarked, whenever crossing their right of way, you
need permission.
Mr. Fabbroni stated, if you do not interfere with their easement,
then you have every other right.
Mr. Barney suggested, the purpose of that easement seems to be to
provide riprap to allow that culvert to drain.
Mr. Fabbroni stated, basically I disagree. If Mr. Weisburd
wanted to improve the culvert, it would be approved.
Mr. Barney stated, given what will probably happen to the back
acreage, you will need that 60 ' right of way.
Mr. Weisburd reassured, I have no immediate plans for the
backlands.
Mr. Fabbroni referred to permanent improvements on other than fee
simple land. They are not going to put any improvement below their
land without having a permanent easement. Mr. Fabbroni stated, I do
not understand what the fee parcel has to do with what you are looking
at.
Mr. Barney remarked, they could say, you cannot move that
culvert, therefore, no road can be placed there in the future. They
have that right to say that. You are saying they will not and you are
probably right, but they have that right.
Mr. Fabbroni remarked, there is no need to move the culvert.
Chairman May remarked, we need to have a 60 ' easement, outside of
Planning Board -8- September 2, 1986
that State right of way.
Mr. Weisburd replied, we have 60 ' of frontage on the front land.
Mr. Mazza asked, is this right of way for State Highway purposes?
Mr. Weisburd replied, the purpose of the right of way is for the
end of that culvert that exists. There is a combination of two rights
of way that gives us our frontage.
Mr. Mazza asked, why did you choose the State area for that 60 '
easement?
Mr. Weisburd replied, so we did not have to split up houses and
it seemed like the best area, also, there are pretty good sight lines.
At one of the meetings it was recommended to put in a right of way.
We did show the right of way on the original drawings back in June.
Mr. Fabbroni stated, you are dealing with this fee simple land as
if it were a third party property. All that is required, is a permit;
this is a driveway.
Mr. Weisburd suggested, we should add in the resolution, that the
building permit for lot #10 be withheld until we receive resolution
from the State stating that we could, in fact, improve upon and build
upon their fee parcel as well as their easement area. Subject to
approval.
Mr. Mazza stated, his biggest concern was that there may be no
furture access to a road, and for this property owner who ends up
owning this property at some point to know that there might be no
access to it as a road. They could still put a driveway in and build
a house on it.
Mr. Weisburd remarked, they would be aware of that at the time of
sale. The resolution can state that there is no approved access by
the State. We will not be deeding out any of this land at this time.
We have a contract to purchase this land after approval of the
Planning Board. I would then request two deeds in order to acquire a
separate mortgage on the front lands.
Discussion of a sale to the City followed.
Mr. Barney stated, we should impose upon the backlands deed, the
right of way and State easement, and state that there may not be
enough land for a Town road.
Mr. Weisburd commented, I have no problem with those deed
restrictions.
Chairman May asked if there were any questions or comments from
the public. No one spoke. Chairman May closed the Public Hearing at
9 :15 p.m.
Planning Board -9- September 2, 1986
Mr. Weisburd noted that the trees as shown on the landscape plan
have been moved on the site plan to be out of the State right of way.
MOTION by Mr. Robert Kenerson, and seconded by Mr. David Klein:
WHEREAS:
1. This action is the subdivision of a 14 .5 acre parcel,
located on the south side of Slaterville Road between 1503 Slaterville
Road and 1513 Slaterville Road, Town of Ithaca Tax Parcel No.
6-58-1-32 .2, into a 7. 4± acre parcel and a 7. 1± acre parcel, the
latter parcel to be further subdivided by Housecraft Builders, Inc.
into a clustered subdivision of ten lots, each lot containing a
two-family dwelling with the primary residence on the main floor and
the secondary residence in the basement, and such lots containing an
open space easement totalling 4 . 1± acres.
2 . The Planning Board on June 24 , 1986 reviewed the Short
Environmental Assessment Forms for this proposed subdivision and made
a conditional determination of negative environmental significance,
based on the following conditions :
a. That a landscape plan be submitted with the other materials
required for Final Subdivision Approval, and that such plan
include the addition of evergreens at the corners of building
clusters and the addition of plant material which would suitably
buffer the proposed buildings from adjoining properties .
b. That a 60-foot right of way be shown on the final
subdivision map from Slaterville Road to the southern parcel.
3 . The Planning Board at a Public Hearing on June 24 , 1986
granted Preliminary Subdivision Approval to this subdivision, based on
the following conditions:
a. That a landscape plan be submitted with the other materials
required for Final Subdivision Approval, and that such plan
include the addition of evergreens at the corners of building
clusters and the addition of plant material which would suitably
buffer the proposed buildings from adjoining properties.
b. That a 60-foot right of way be shown on the final
subdivision map from Slaterville Road to the southern parcel.
C. That covenants and deed restrictions be approved by the Town
Board and the Town Attorney.
4. The Town Board on August 18 , 1986 approved the proposed
covenants and deed restrictions for this subdivision, subject to their
review and approval by the Town Attorney.
5 . The Planning Board at a Public Hearing on September 2 , 1986
has reviewed the following material:
Planning Board September 2, 1986
a. "Record Plat of Edgewood Development, being a portion of
Great Lot 98 , Town of Ithaca, Tompkins County, New York";
"Edgewood Development Plan - Profile and Details"; "Edgewood
Development Plan - Details" dated August, 1986 , Hunt Engineers,
P.C.
b. "Landscape Plan, Edgewood, " dated July 30, 1986, revised
August 26 , 1986 , by House Craft Builders.
NOW, THEREFORE, IT IS RESOLVED:
1. That the Planning Board waive and hereby does waive certain
requirements for Final 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 Final
Subdivision Approval to this subdivision, as presented on the material
described above, conditional upon the following:
a. Approval of the proposed covenants and deed restrictions by
the Town Attorney, to be completed prior to the issuance of
any building permits.
b. Approval of the design of the entrances to the project from
N.Y.S. Route 79 (Slaterville Road) by the Regional Engineer
of the New York State Department of Transportation.
C. Requirement of an open space buffer along the boundary of
the City of Ithaca Watershed lands, if the southern 7 .4±
acre parcel is ever developed, so that such development does
not adversely affect these lands.
d. That the area denominated "Remaining Lands of Womble and
Marion" , together with the sixty-foot strip along the west
side of the other parcel giving access for such "Remaining
Lands" to Slaterville Road, be separately deeded and
recorded in a form acceptable to the Town Attorney, such
deed to contain a statement in substance that the sixty-foot
roadway may not meet Town of Ithaca requirements because of
the easement and fee parcel within said strip owned by the
State of New York, and, that the Final Subdivision map be
redrawn to exclude such sixty--foot parcel from the areas of
Lots 1 and 2.
There being no further discussion, the Chair called for a vote.
AYE - May, Langhans, Grigorov, Baker, Klein, Mazza, Kenerson.
NAY - None.
The MOTION was declared to be carried unanimously.
Chairman May declared the matter of consideration of Final
Planning Board ^11- September 2, 1986
Subdivision Approval for "Edgewood" duly closed at 9 :28 p.m.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION
APPROVAL OF A PROPOSED FIVE-LOT SUBDIVISION OF LANDS LOCATED AT
1.251-1253 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-24-3-3 .2 ,
(FORMERLY THE ODD FELLOWS' HOME, ALSO KNOWN AS CORNELL UNIVERSITY
STATLER WEST) . CORNELL UNIVERSITY, OWNER; THOMAS NIEDERKORN,
LANDSCAPE ARCHITECT.
Chairman May declared the Public Hearing in the above-noted
matter duly opened at 9: 30 p.m.
Mr. Niederkorn appeared before the Board and explained the final
plat for the five parcels. There is a 60 ' easement for a right of way
to the backlands. There is a 20 ' easement along the east side of the
property which is adjacent to the NYSEG right of way for future
utilities. There is a 20 ' easement adjacent to the existing sewer
easement which follows the centerline of the property. This is for
future sewer lines to replace the existing. There is a future utility
easement along the North property line. There are also cross
easements involved with three of the parcels until the road is built.
There are also cross easements needed adjacent to the Odd Fellows
Building and the Infirmary for access. All of these easements are in
the process. They are asking for approval of lots 2,3 , and 4, subject
to the Attorney approving cross easements and access and description.
The road right of way is a title reservation.
Chairman May asked if there were anyone from the public who
wished to speak.
Mr. Robert Berggren asked from the floor, the property line goes
right through the two buildings?
Mr. Niederkorn replied, yes , and he would also like to submit a
Surveyor' s Certificate. The following Certification from Milton A.
Greene, P.L.S. , 77 Central Avenue, Cortland, New York 13045 , was
entered into the record:
"I hereby certify to:
Town of Ithaca
that I am a Licensed Surveyor, New York State License #42000 , and that
Map Showing lands of the "Final Plat of Proposed Subdivision, Lands of
Cornell University" , Lot #87, Town of Ithaca, New York, prepared by me
on August 26 , 1986 and listed as job #85-001 , correctly delineates an
actual survey on the ground made by me or under my direct supervision;
that it was prepared in accordance with the current code of practice
for land title surveys adopted by the New York State Association of
Professional Land Surveyors; and that I found no visible encroachments
either way across property lines except as shown hereon. All property
corners set according to survey.
(sgd. ) Milton A. Greene.
Sealed.
Dated: September 2, 1986 . "
Planning Board -12- September 2, 1986
Chairman May asked if anyone else from the public wished to
speak. No one spoke. Chairman May closed the Public Hearing at 9 :45
p.m.
Mr. Mazza asked, do the two building have separate utilities as
to heating, water, and so on?
Mr. Niederkorn replied, there will have to be some separation;
they are on the same heating system now. Each side can run
independently of the other. There would be a party wall agreement
involved.
MOTION by Mr. David Klein, and seconded by Mr. Robert Kenerson :
WHEREAS:
1 . This action is the proposed 5-lot subdivision of lands zoned
R-30 and R-15 located at 1251-1253 Trumansburg Road, Town of Ithaca
Tax Parcel No. 24-3-3.2, which has been reviewed by the Planning Board
at Public Hearings on June 24 and September 2 , 1986 .
2. The following map has been presented on September 2 , 1986 in
regard to this proposal:
"Final Plat, Proposed Subdivision, Lands of Cornell University,
Lot No. 87 , Town of Ithaca, County of Tompkins, State of New
York, " dated August 26 , 1986 , by Milton A. Greene, L.S.
3 . The Planning Board on June 24 , 1986 reviewed a Short
Environmental Assessment Form for this proposed subdivision and made a
conditional determination of negative environmental significance based
on the following conditions:
a. That the use arrangement of the enclosed passageway which
connects the former Grand Lodge on Parcel 1 and the former
Infirmary on Parcel 5 be clarified.
b. That a variance be obtained in regard to the sideyard
deficiency.
4 . The Planning Board on June 24 , 1986 provisionally denied
Preliminary Subdivision Approval for this proposed subdivision, with
further consideration of Preliminary Subdivision Approval to be based
on the following conditions:
a. That the use arrangement of the enclosed passageway which
connects the former Grand Lodge on Parcel 1 and the former
Infirmary on Parcel 5 be accomplished in accordance with New
York State Building Code requirements.
b. That a variance be obtained in regard to the sideyard
deficiency.
C. That prior to final subdivision approval, if such approval
Planning Board -13- September 2, 1986
is sought, appropriate cross easements for the use of the
passageways and exits between the former Grand Lodge and
former Infirmary be approved by the Town Attorney.
5 . The Zoning Board of Appeals on June 25 , 1986 granted a
variance of the side yard requirements as set forth in Article V,
Section 21 , of the Town of Ithaca Zoning Ordinance, in order that a
subdivision line between parcels 1 and 5 might be drawn between the
north line of the Grand Lodge Building and the former Infirmary,
conditioned upon the approval by the Town Attorney of appropriate
cross easements relating to the exits to the vestibule and the fire
stairs in the former Infirmary.
6 . Such cross easements are under review by the Town Attorney.
7 . Easements for sanitary sewer lines on the subject lands have
been requested by the Town Engineer, and the locations of these lines
have been shown on the aforementioned final subdivision plat.
NOW, THEREFORE, IT IS RESOLVED:
1 . That the Planning Board waive and hereby does waive certain
requirements for Preliminary and Final 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 and Final Subdivision Approval for Parcels 2 , 3 , and 4 of
this subdivision as presented and described on the aforementioned
survey map and in other documentation, conditioned upon the approval
of related easements for sanitary sewer lines and access by the Town
Engineer and the Town Attorney.
3. That the Planning Board grant and hereby does grant
Preliminary and Final Subdivision Approval for Parcels 1 and 5 of this
subdivision as presented and described on the aforementioned survey
map and in other documentation, conditioned upon the following:
a. The execution of appropriate cross easements relating to the
use of the passageways and exits between the former Grand
Lodge and the former Infirmary,
b. Conformance of the buildings located on these parcels and of
the respective uses of these buildings with pertinent
requirements of the New York State Building Code and all
other applicable regulations,
C. Approval by the Town Engineer and the Town Attorney of
easements for sewer service and access for the benefit of
Parcels 1 and 5 .
There being no further discussion, the Chair called for a vote.
Planning Board -14- September 2 , 1986
AYE - May, Langhans, Grigorov, Baker, Klein, Mazza , Kenerson.
NAY - None.
The MOTION was declared to be carried unanimously.
Chairman May declared the matter of consideration of the Cornell
University Final Subdivision Approval duly closed at 9:53 p.m.
PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL OF STAGE
II, PARCELS "A" AND "B" , OF THE "SCHEMBRI-HOLLISTER ESTATES" , LOCATED
AT 118 COMPTON ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-36-2-4 . 2. ROBERT
G. AND THERESA L. BERGGREN, OWNERS .
Chairman May declared the Public Hearing in the above-noted
matter duly opened at 9 :55 p.m.
Mr. Berggren appeared before the Board and explained that he had
already obtained Final Subdivision Approval on the front three lots .
Mr. Berggren explained that he had already obtained Preliminary
Subdivision Approval on the back parcel into four lots. At this time,
he was asking for Final Subdivision Approval on just two larger lots,
rather than as four smaller ones. One of the conditions imposed was
that the proposed 60 ' right of way would be brought up to Town specs,
which has been included.
Chairman May asked if there were anyone from the public who
wished to speak.
Mr. Louis Michael, 116 Compton Road, spoke from the floor and
stated, that before anything is granted, the water situation should be
addressed. He has been flooded out.
Mr. Berggren stated, we have made drainage improvements. The
land is completely dry. We have added swales according to what Larry
wanted. Larry has seen it; Bob Bartholf has seen it. The water
situation has been taken care of.
Chairman May asked, have the drainage improvements been
implemented?
Mrs . Langhans added, are they working?
Mr. Fabbroni replied, they have been implemented. They did not
quite work. We met with all parties involved, myself, Matychak, Bob
Bartholf, Mark Stevens. The builder, Mark Stevens, agreed to an
additional ditch between lots 1 and 2 to alleviate the problem. This
seemed to do the job, even following a severe storm. We were up there
the same day after that night of the storm. We, the Town, placed a
pipe at the bottom of Compton Road to handle the flow once the ditch
was reopened. Following this, there remained a large wet area which
was draining through the hedgerow. The last thing that was done, the
ditch was cut back to the old stream. It was sufficiently deep enough
to handle the drainage. That problem is essentially solved. The
original diversion swale is newly placed. Mr. Fabbroni described,
Planning Board -15- September 2 , 1986
using the map, exactly what was put in and where.
Mr. Michael stated, all of that land is wet. It all has springs
on it.
Mr. Matychak, 1180 Danby Road, asked, where the septic system is
located for lot 2 .
Mr. Fabbroni replied , it is below the drainage area for lot 1.
Mr. Matychak stated, the way I understood it was that there would
be no more ditches. Furthermore, in cleaning that ditch out, they cut
down five of my trees, which were 100 ' from the ditch.
Mr. Berggren stated, there are no springs in this area. I own
the land; I have walked it. It is completely dry now. The trees , any
trees I cut were on my property. The cost of cleaning the ditch for
me was $1 , 000.00 . Mr. Matychak stated that he [Matychak] was good
enough to let him [Berggren] cut the ditch.
Chairman May stated, we have had enough of this. Larry, the
Planning Board needs to rely on you. Chairman May asked, have our
requests as to drainage plans been done, and is the problem solved?
Mr. Fabbroni replied, everything that you had requested
initially, has been done. We had to do that additional digging, to
make it totally work. I have to thank the diversion ditch cut on the
west end of Parcel "A" is going to protect the adjacent Matychak land
from sheeting down in the long run and will go down the streams. I
do not want to take the position of taking anyone' s position. The
neighborhood needs to patch their own wounds. As far as the physical
part goes, it is pretty simple. Development will not make any
difference.
Chairman May closed the Public Hearing at 10 : 05 p.m.
Mr. Barney asked, you want to construct on Parcel "A"?
Mr. Berggren replied, yes. It would include a 60 ' right of way,
the property lines would be the center of that right of way. I hope
to sell the whole parcel as one piece but both would have a right of
way for the Town. Either way, I would have to obtain a variance for
frontage requirements.
Mr. Barney asked, each deed for the two parcels will have a 30 '
right of way out to Compton Road?
Mr. Berggren replied, yes. It would be worded in the deed, so
that at the time a road is needed, the right of way would be
relinquished to me and then, eventually, to the Town of Ithaca.
Mr. Barney stated, if the parcels were sold as one piece, you
would not have any interest in a road.
Planning Board -16- September 2, 1986
Mr. Berggren replied, right. I would still maintain a 20 '
easement for the open space.
Mr. Barney stated, this is somewhat premature, depending on
whether you split the parcels. I have trouble since you do not really
know where you are going -- one piece or two.
Mr. Berggren stated, at this point, we have Final Subdivision
Approval on this back parcel as one lot. I am asking for approval on
this parcel as two lots. To save time later on, if I decide to split
the parcel, I would have subdivision approval.
Mr. Barney stated, if you sell Parcel "A" , with that 30 ' strip of
land, that leaves the Town in a bad legal position, having to place a
road in. bo you intend a road all the way to the back?
Mr. Fabbroni stated, if Parcel "A" is approved and sold now and
at some time, Parcel "B" is sold separately, Mr. Berggren would have
to comply with Town regulations at that point to build on "B" to serve
both parcels. If Parcel "B" was never sold and developed, this would
remain a driveway.
Chairman May stated it should be a 60 ' right of way under any
circumstances, because as the lands to the north get developed, the
right of way will be needed to serve those lands.
Mr. Barney suggested, that if he were a buyer, he might want to
put a house right in the middle of that parcel.
Mr. Berggren stated, the basic purpose of the road is to service
my own property.
Mr. Fabbroni stated that we are not looking for a road to be
constructed all the way up to the Fairview Manor property. If Parcel
"A" were sold as a separate parcel then if he were able to get a
variance from the ZBA that is sufficient for us to be on a driveway.
Mr. Fabbroni stated, we want to avoid 1/2 mile cul de sacs. If
Parcel "B" were sold and developed separately, a Town road would only
need to be developed to the south line of these two lots . There are
four different scenarios, depending upon the number of lots developed.
Lot "A" = driveway. Lot "B" = brought to south end of those
properties. 4 lots = Town highway as shown. Only Parcel "A"
developed and something happened on the Schickel land where the
Planning Board would want a second access, that developer would have
to develop that.
Mr. Barney suggested, at such point in time, when Mr. Berggren
makes his subdivision decision, if he now sells Parcel "A" , that when
he sells Parcel "B" , he would retain a 60 ' right of way to just north
of the property line. At the time "B" is sold, we get an agreement
from Mr. Berggren to deed it to the Town, if the Town wants it.
Mr. Berggren stated, if we are going to have to have that 60 '
Planning Board -17- September 2, 1986
right of way even if it is one big parcel, it would be to my advantage
to get final on all four lots. We have preliminary on all four. If I
can sell to one person with no right of way, to me, it would be
better, and better for the neighbors.
Chairman May asked, do you want to withdraw this application and
come back for four lots?
Mr. Berggren stated, I withdraw my application until such time as
more definite plans are made as to four lots.
Chairman May declared the matter of consideration of the Berggren
subdivision into two parcels, "A" and "B" , duly closed at 10 :18 p.m.
ADJOURNMENT
Upon Motion, Chairman May declared the September 2, 1986 meeting
of the Town of Ithaca Planning Board duly adjourned at 10 : 20 p.m.
Respectfully submitted,
Laura Predmore, Temporary Secretary,
Town of Ithaca Planning Board .
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