HomeMy WebLinkAboutPB Minutes 2021-03-16TOWN OF ITHACA PLANNING BOARD
Shirley A. Raffensperger Board Room, Town Hall
215 North Tioga Street
Ithaca, New York 14850
1qgAday,March .-I.6,,.202I
Because of the Novel Coronavirus (COVID-19), the Town of Ithaca Planning Board Meeting scheduled
for March 16, 2021 will be held electronically via Zoom, instead of a public meeting open for the public to
attend in person. Members of the public may listen to (call in on cell or landfine: (929) 436-2866 and enter
the Meeting ID: 675 059 3272) or view (by computer go to https:L/zoom.u.s/, click on "Join A Meeting" and
enter the Meeting ID: 675.059-3272) the Board meeting through Zoom.
AGENDA
7:00 P.M. SEAR Determination: Mountin 3-Lot Subdivision, 519 Elm Street Extension.
7:00 P.M. PUBLIC HEARING: Consideration of Preliminary Subdivision approval for the proposed 3-
lot subdivision located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29.-7-12.42,
Medium Density Residential Zone. The project involves subdividing the 8.2-acre parcel into
three lots (Parcel A- I is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres). The
project will also involve a private shared access road to serve the new parcels and an existing
parcel, stormwater facilities, and connections to public water and sewer facilities. David and
Sarah Locke Mountin, Owners/Applicants.
3. Persons to be heard.
4. Approval of Minutes: February 2, 2021 and March 2, 2021
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 SPOI,CE�,TOWN.ITHACA.NY,US.
(A quorum of four (4) members is necessary to conduct Planning Board business.)
Accessing Meeting Materials Online
Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under
"Planning Board" on the "Meeting Agendas" Page &rtqdLys).
TOWN OF ITHACA PLANNING BOARD
- .. ...... . ..
NOTICE OF PUBLIC HEARINGS
ipgsda March 16 2021
By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing
will be held electronically by the Planning Board of the Town of Ithaca on Tuesday, March 16, 2021, at the
following time and on the following matter:
7:00 P.M. Consideration of Preliminary Subdivision approval for the proposed 3-lot subdivision located
at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29.-7-12.42, Medium Density
Residential Zone. The project involves subdividing the 8.2-acre parcel into three lots (Parcel
A- I is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres). The project will also
involve a private shared access road to serve the new parcels and an existing parcel,
stormwatff facilities, and connections to public water and sewer facilities. David and Sarah
Locke Mountin, Owners/Applicants.
Because of the Novel Coronavirus (COVID-19), the Town of Ithaca Planning Board Meeting scheduled for
March 16, 2021 will be held electronically via Zoom, instead of a public meeting open for the public to attend
in person. Members of the public may listen to (call in on cell or landline: (929) 436-2866 and enter the Meeting
ID: 675 059 3272) or view (by computer go to hML.—//z_oo-m—.—us_,/ click on "Join A Meeting" and enter the
Meeting ID: 675-059-3272) the Board meeting through Zoom.
Said Planning Board will at said time and said place hear all persons in support of such matters or objections
thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments
or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance
must make such a request not less than 48 hours prior to the time of the public hearing,
Susan Ritter
Director of Planning
273-1747
Dated. Monday, March 8, 2021
Publish: Wednesday, March 10, 2021
TOWN OF ITHACA
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M NO I MIA 1963 1 M I 19=91 10 11J '20 1
1, Sandra Polce, being duly sworn, depose and say that I am a Senior Typist for the Town of
Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign
board of the Town of Ithaca and that said Notice has been duly published in the local newspaper,
The Ithaca Journal.
Notice of Public Hearings to be het C Town of Ithaca Planning Board in the Town of
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Ithaca --
Town-Hal 215 North Ti(Q�Sqeet,_Ithaca New 'York., on TuesdAy. rch 1 2021
--b" York., . . . ................
commencing at 7:00 P.M,, s...Wj attached.
Location of Sign Board used for Posting: Town'Clet Board — 215 North Tiq . . .. . .... ... .... _gq...NIEW.
Date of Posting: March 08, 2021
Date of Publication: March 10, 2021
Sandra Polce, Senior Typist
Town of Ithaca
STATE OF NEW YORK) SS:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this 101h day of March 2021.
Notary Public
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Tuesday, March 16,2021
lecause of the Novel Coronavirus (COVID-19) and associated NYS Executive Orders regarding
health and safety measures, the meeting was held via Zoom
Town Staff: Chris Balestra, Planner; Marty Moseley, Director ofCodes; Susan Brock, Attorney
for the Town; Daniel Thaete, Director of Engineering; David O'Shea, Engineer; Susan Ritter,
Director of Planning; Chris Balestra, Planner and Paulette Rosa, Town Clerk
RMEMEMMAIMM
Agenda Item I Consideration of Preliminary Subdivision approval for the proposed 3-lot
subdivision located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29.-7-12.42,
Medium Density Residential Zone. The project involves subdividing the 8.2-acre parcel into
three lots (Parcel A- I is 2.51 acres, Parcel A-2 is 3,58 acres, and Parcel A-3 is 2.11 acres). The
project will also involve a private shared access road to serve the new parcels and an existing
parcel, storrnwater facilities, and connections to public water and sewer facilities. David and
Sarah Locke Mountin, Owners/Applicants.
Mr, Mountain was present and described the project, saying they are looking to subdivide into
three approximately 2.5 acre lots that will share a common road and infrastructure and prepping
for the future placement of a home so the lots are ready to build on.
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Ms. Balestra responded that it is not on the Town's regulated list and so the calculations were nofi
done to determine setbacks because it is not regulated by the town.
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Ms. Balestra responded that the stream is not on a property that is associated with the subdivision
and is only mentioned because of the shared driveway and she did not think the Plat -Ming Board
had jurisdiction.
PB 2021-03-16 (Filed 3119) P. 1
Ms. Brock responded that because the lot is in play with the shared driveway it can be addressed
by the Planning Board and she wasn't clear whether that lot would be buildable.
Discussion followed and Ms. Ritter explained the stream setback legislation and there was an
error on the stream setback map because there is a stream further down near the city line and the
program seemed to get confused by that, but this stream doesn't show up on the County's stream
map which is more detailed than the State's. There is a drainage area there, but it is not a stream
on our list.
SE QR Determination
Greg- archeological area and although it has been farmed, the ep
dig to prwill be much deep
than farming and looking to staff for input on that and the Cultural Resource Information
System. I
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of significance using that information and past uses of the land. That said, if Mr. Moutin starts
development and happens upon an archeological artifact, he has to legally stop and inform the
State, so we feel there are protections in that process to protect the site.
Ms. Brock had a question on the SEQR form and the statement about no access due to the
NYSEG poles and whether someone could put them underground.
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Ms. Brock asked about the stormwater swales and if the stormwater will go to those swales.
Mr. Mountin responded that it would not; one runs south and one runs east and they are not
extending to those existing discharge channels.
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PB 2021-03-16 (Filed 3/19) pg�'2
During torrential downpours, it follows those swales, and it doesn't leave the site and it all gets
absorbed onsite. He added that his engineers are doing the calculations, but they were waiting on
this meeting and any further comments before doing them.
Mr. Thaete responded that we nin into this issue and a neighbor in this area has done something
similar and although he didn't create a lot of additional stormwater, what he did was collect it
and put it into a swale so now it is a concentrated flow, and that does create issues. The project
will be adding impervious surface and there will be extra runoff generated from this
development.
Mr, Thaete continued, saying that in our experience, there is washout on Five Mile Dr during
every storm event, and this as well as others contributes to that. This property is the same
drainage feed and this project will add to the amount of stormwater. I will leave it to Planning
staff !)�s to how to address or condition the comment.
Mr. Wilcox said he would take this opportunity to say that if we get to the point of approval,
there is a condition in the approval to address all Engineering Memo concerns prior to any final
approval(s).
Ms. Fogarty asked what the mitigation would be,
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dissipates the tlow ot water coming into it and he will b interested to see the calculati
the applicant on the amounts.
Mr. Wilcox suggested adding a statement to Section 3 saying that the proposed plan will avoid
an additional curb -cut which is preferable.
Ms. Fogarty asked about the driveway, saying that during her site visit it seemed the road was
marked out, and it looks like it goes through a big dip and she wondered how that is being dealt
with.
Mr. Mountin responded that they are raising the road about a foot and a half oil one side and
lowering it on the other to make it less of a steep grade. He also pointed out the profile drawings
in the packet, specifically S3; we won't be bringing in any soil, just redistributing what is there.
Mr. Mountin added that he has spent years clearing and cleaning invasives, dilapidated buildings
and bringing it to its present condition.
PB 2021-03-16 (Filed 1119) J'pg, 3
PB RESOLUTION 2021-007 SEQR
Preliminary Subdivision Approval
Uiow-riti,T, Subdivisiort
519 Elm Street Extension
Tax Parcel No. 29.-7-12.42
Town of Ithaca Planning Board, March 16, 2021
I. This is consideration of Preliminary Subdivision approval for the proposed 3-lot subdivisio
located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No. 29.-7-12.42, Medium
Density Residential Zone. The project involves subdividing the 8.2-acre parcel into three
lots (Parcel A- I is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2,11 acres). The
project will also involve a private shared access road to serve the new parcels and an exist'r
parcel, stormwater facilities, and connections to public water and sewer facilities. David ai
Sarah Locke Mountin, Owners/Applicants; I
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an
uncoordinated environmental review with respect to the project;
The Planning Board on March 16, 2021, has reviewed and accepted as adequate a narrative, a
subdivision plat titled "Preliminary Subdivision Map Showing Part of Lands of David
Mountin & Sarah Locke Mountin, Located on Elm Street Extension, Town of Ithaca,
Tompkins County, New York," prepared by T. G. Miller P.C., dated 1/1212018 and most
recently amended 3/4/2021, along with a set of plans titled "519 Elm Street Subdivision,"
prepared by Stephen John Arthur Maybee, LPE, dated March 2, 2021, including Sheet S- I
titled "Preliminary Site Plan Plat Subdivision,"' Sheet S-2 titled "Site Plan Utility Layout,"
Sheet S-3 titled "Water & Sewer Details I," Sheet S-4 titled "Sanitary Sewer Details," Sheet
SW- I titled "Grading and Stormwater Utility Plan," Sheet SW-2 titled "Erosion &
Sedimentation Control Plan," Sheet SW-3 titled "'Erosion & Sedimentation Control Details,"
Sheet SW-4 titled "Road Profile," and Sheet SW-5 titled "Culvert and Swale Capacity
Worksheet," and other application materials; and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval;
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 I and for the reasons set forth in
the EAF Parts 2 and 3, and,. therefore, an Environmental Impact Statement will not be required.
Moved: Yvonne Fogarty Seconded: Liebe Meier Swain
Vote: ayes Fogarty, Meier Swain, Wilcox, Casper and Lindquist
PB 2021-03-16 (Filed 3/19) Pg. 4
Public Hearing
Ms. Meier Swain opened the public hearing at 7:35 p.m.
Mr. Kesten stated that he is a neighbor and has a number of questions, but he wasn't sure on the
process.
Ms. Meier Swain invited him to just start with them and the board or staff would do their best.
Mr. Kesten asked if the Board looks at financing for projects and Ms. Meier Swain responded
that they do not, we just enforce Town Code.
Mr. Kesten asked about the effluent and if it was going to be pumped up hill to the Elm St Ext
sewer or downhill.
Mr. Thaete responded that the proposal is to have individual pump out stations to pump uphill,70
the Elm St Ext main. I
Mr. Kesten asked about the runoff from the driveway and paved areas, with respect to how much
will be coming from just that amount of developed surface, and where that runoff would be
going.
Mr. Thaete responded that the applicant is proposing single family homes and the State requires
him to do erosion control only, not stormwater prevention planning. He said that as the
Stormwater Officer for the Town we are trying to make sure that any additional run off that may
be generated will not adversely impact the neighboring properties or those downhill. Right now,
everything seems to flow southeast towards the gully where the power lines are and that is where
it will continue to go once the houses are built.
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Ms. Meier Swain responded that it would be the property owner(s) responsibility.
Mr. Kesten stated that the area has a lot of clay with very little topsoil and asked where all the
runoff is going to go? The gully under the power lines?
Mr. Thaete responded that the Engineering Memo has a comment regarding that and the
applicant has to address that and prove to us that there will be no adverse impacts to the area due
to runoff. He clarified though that the Town can only enforce State regulations and the applicant
does not have to do quantity and quality calculations, but that the Town is working with the
applicant to address the concerns.
Mr. Kesten responded that he glanced at the packet and it looks pretty complete, but we all know
stormwater doesn't run uphill.
PS 2021-03 -16 (Filed 11 19) P`- 5
Ms. Meier Swain asked if there was anyone else wishing to address the Board and Ms. Rosa
stated for the record that there were no other attempts or requests to email, zoom or phone from
anyone wishing to address the Board.
Approval Determination
Mr. Mountin responded that he and his wife have been working on this land for many years with
the goal to have a common community with reduced carbon footprint with small houses and
instead of putting in 15 houses we want to keep it small and enjoy the land and age in place
ourselves.
Mr. Wilcox asked what will happen to the property fronting on Coy Glen Rd and Mr. Mountin
responded that it is listed on Zillow, but he is not heavily marketing it. It is overgrown and he
has been cleaning it up.
Mr. Wilcox said he wanted to make sure we were not segmenting in any way because they have
a common property line.
Mr. Wilcox said he noticed that the neighboring parcel that fronts Coy Glen is mislabeled on a
number of documents so that should be corrected.
Mr. Lindquist noted that the covenants are large enough to accommodate more than one single-
Camily residence and while he applauds the applicant's efforts, is there anything that will .'•
comeone from purchasing •I • the lots and further subdividing?
Discussion followed on the difficulties due to the shared road and the ability to change the
covenant.
Ms, • did note that variances would be needed for this subdivision and they typically would
add a condition of no further subdivision but that is not a guarantee and if this Board wanted to
restrict it that way, that is up to this Board to discuss and deten-nine.
Discussion continued and Mr. Mountin reiterated that he is trying to preserve the natural land but
no, there are not restrictions for that far in the future in the covenants,
Ms. Brock added that her review of the covenants is limited to easements and access to
infrastructure only.
Motion was moved and seconded and Ms. Balestra shared her screen to review all changes to the
proposed resolution.
PB 2021-03-16 (Filed 3/19) Pg. 6
Mr. Wilcox noted for newer members that this preliminary approval is very important because
the Board cannot go back and readdress issues that were discussed and determined during
preliminary approval.
Ms. Brock asked about the sewer easement and NYSEG and whether the easement will be
between theTown of Ithaca and NYSEG as well as the applicant.
Mr. Mountin stated that he is working with NYSEG for this, but their representative is using a
different word than "easement."
Some discussion followed with Mr. Thaete responding that there are options to avoid NYSEG
and Mr. O'Shea suggested not listing NYSEG and instead indicate that property as the other
party involved. The resolution was amended with wording to reference the third property
regardless of owner or utility. Change approved by the mover and the seconder.
?B RESOLUTION 2021- 008: Preliminary Subdivision Approv
Mountin Subdivision
519 Elm Street Extension
Tax Parcel No. 29.-7-12.42
Town of Ithaca Planning Board, March 16, 2021
" 17ffFsTs consideration ot Fret ffd_fv_f§ion approval for the proposed 3 -lot subdivisio
located at 519 Elm Street Extension, Town of Ithaca Tax Parcel No, 29.4-12,42, Medium
Density Residential Zone. The project involves subdividing the 8.2-acre parcel into three
lots (Parcel A- I is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres). The
project will also involve a private shared access road to serve the new parcels and an existi
parcel, stormwater facilities, and connections to public water and sewer facilities. David
Sarah Locke Mountin, Owners/Applicants; I
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting in an
uncoordinated environmental review with respect to the project, has on March 16, 2021,
made a negative determination of environmental significance, after having reviewed anil
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;
3. The Planning Board on March 16, 202 1, has reviewed and accepted as adequate a narrative, a
subdivision plat titled "Preliminary Subdivision Map Showing Part of Lands of David
Mountin & Sarah Locke Mountin, Located on Elm Street Extension, Town of Ithaca,
Tompkins'County, New York," prepared by 1". G. Miller P.C., dated 1/12/2018 and most
recently amended 3/4/202 1, along with a set of plans titled "519 Elm Street Subdivision,"
prepared by Stephen John Arthur Maybee, LPE, dated March 2, 202 1, including Sheet S- I
titled "Preliminary Site Plan Plat SubdivisionSheet S-2 titled "Site Plan Utility Layout,"
Sheet S-3 titled "Water & Sewer Details ISheet S-4 titled "Sanitary Sewer Details," Sheet
SW-1 titled "Grading and Stormwater Utility Plan," Sheet SW-2 titled "Erosion &
PB 2021-03-16 (Filed 3/19) Pg. 7
Sedimentation Control Plan," Sheet SW-3 titled "Erosion & Sedimentation Control Details,"
Sheet SW-4 titled "Road Profile," and Sheet SW-5 titled "Culvert and Swale Capacity
Worksheet," and other application materials;
I . That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary
Subdivision Approval, as shown on the Preliminary 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 Subdivision Approval for the proposed
Mountin 3-Lot Subdivision, as shown on the plans noted in Whereas 43 above, subject to the
following conditions:
a. Before final subdivision approval, receipt of any necessary variances from the Zoning
Board of Appeals,
b. Before final subdivision approval, submission of revised plans that show:
i. a turnaround at the end of the shared driveway to facilitate the passage of fire
apparatus, per Ithaca Fire Department requirements, and
ii. a note on the subdivision map that states "in accordance with the State Pollution
Discharge Elimination System (SPDES) permit associated with this project, each lot
can only be improved with a total of one dwelling unit with an overall site impervious
coverage not to exceed 25%. Should the developer decide to exceed these
parameters, a new SPDES permit will need to be developed which shall include
slormwater quality and quantity control. "
iii. Correction of the tax parcel number for Mountin property to 29.-7-12,22
c. Before final subdivision approval, submission of the documents and revised plans listed
in the Engineering Memorandum prepared by Daniel Thaete and David O'Shea, dated
02/16/2021,
d. Before final subdivision approval, approval by the Public Works Committee of the
concept and location of the sanitary sewer line and related infrastructure to be convey
to the Town,
e. Before the issuance of any building permits, filing of this Planning Board resolution in
the Tompkins County Clerk's Office, indexed to the four lots, and submission to the
Planning Department of proof of such riling,
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completion and dedication to the Town, of the sanitary sewer line and related
infrastructure to be conveyed to the Town, I
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PB 2021-03-16 (Filed 3/19) Pg. 8
relevant property owner on the northern half of Elm Street Extension to the Town of
Ithaca for the maintenance and access to the sewer infrastructure; such easement shall be
satisfactory to the Attorney for the Town and the Town of Ithaca Public Works
Department,
h. Prior to the conveyance of any lot in this subdivision or the lot shown as Tax Map No.
29-7-12.43, filing of restrictive covenants (reviewed and approved by the Attorney for the
Town) for these four lots that run with the land and that specify the four lot owners'
maintenance and repair./replacement responsibilities for the shared private drive and for
the stormwater, water and sewer facilities that serve more than one lot,
i. Before the issuance of any building permits, submission of proof that a fire flow test has
been conducted to verify that there is a water supply capable of supplying the required
fire flow for fire protection purposes, pursuant to Section 507.1 of the NYS Fire Code,
j. Before the issuance of any building permits, receipt of a Highway Work Permit for all
work within the Town right-of-way,
k. Before the issuance of any building permits, submission for signing by the Chairperson of
the Planning Board of an original and three dark lined prints of the approved final
subdivision plat, prior to filing with the Tompkins County Clerk Office, and submission
ofa copy of the receipt offiling to the Town of Ithaca Planning Department, and
As deemed necessary by the Attorney for the Town to assure that each of the four lots h
access to (i) every part of the shared driveway, and (ii) all stormwater and sewer
infrastructure serving the relevant lot, upon the initial conveyance of each lot, filing in t
Tompkins County Clerk's Office of the necessary access and/or utility casements that
have been approved by the Attorney for the Town; such filing shall be made at the time
of the recording of the deed for the conveyed lot, and proof of such filing shall be
submitted to the Planning Department within 5 days of the filing, I
Moved: Greg Lindquist Seconded: Fred Wilcox
Vote: ayes Lindquist, Wilcox, Casper, Fogarty and Meier Swain
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Agenda Item 3 Approval of Minutes: February 2, 2021 and March 2, 2021
V I WERE MINOR,
Ms. Balestra noted that the Planning Board applications are beginning to come in and we
anticipate getting back to two meetings a month.
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PB 2021-03-16 (Filed 3/19) Pg. 9,
Meeting was adjourned at 8:29 p.rn. upon a motion by Fred Wilcox, seconded by GrI
Lindquist, unanimous,
Submit y
Paulette Rosa, Town Clerk
PB 2021-03,16 (Filed 3/19) Pg. 10