The URL can be used to link to this page

Home My WebLink AboutPB Packet 2022-05-03 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca,New York 14850 Tuesday, May 3,2022 Due to COVID-19 and the NYS Legislation allowing virtual meetings(Chapter 56 of the Laws of 2022 signed by Governor Hochul on 4/9/22),the meeting will be held via the Zoom audio/visual application with no in-person attendance permitted. Members of the public may listen to(call in on cell or landline: (929)436-2866 and enter the Meeting ID: 836 4376 4382) or view(by computer go to httys://us06web.zoom.us/*/83643764382)the Board meeting through Zoom. If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the livestream video on YouTube(https://www.youtube.com/channel/UCC9vycXkJ6klVlib*hCy7NO/live). AGENDA 7:00 P.M. Consideration of a recommendation to the Ithaca Town Board regarding the establishment of an open development area for 172 Ridgecrest Road,in which a structure exists,but where no street or highway giving access to the structure has been placed on an official map or plan(NYS Town Law Section 280-a,Permits for buildings not on improved mapped streets). 2. Persons to be heard. 3. Approval of Minutes: April 5, 2022 and April 19, 2022 4. Other Business. 5. Adjournment. Susan Ritter Director of Planning 607-273-1747 NOTE:IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND,PLEASE NOTIFY CHRIS BALESTRA AT 607-273-1747 or CBALESTRA(tr),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(htti)://www.town.ithaea.ny.us/meeting-agendas). TOWN�� DEPARTMENT OF PLANNING 215N.TiogaSt14850 007.273.1747 PLANNING DEPARTMENT MEMORANDUM TO: Planning Board Members FROM: Christine 8a|estra, Planner DATE: April 26, 2022 RE; 172 RidgecrestRmad— Recomnmnemdmtiomto the Town Board Regarding Open Development Area Enclosed please find materials related to the consideration of recommendation to the Ithaca Town Board regarding the establishment of an "open development area" for the town-owned water tank property at 172 Ridgecrest Road, in which a structure exists, but where no street or highway giving access to the structure has been placed on an official map or plan. The landlocked parcel at 172 Ridgecrest Road is owned by the Town of Ithaca and contains a water tank that was constructed in the early 1970's.The property has received electrical permits since its installation. The Planning Board granted final site plan approval for a booster structure on the Ridgecrest Road water tank property at the last Planning Board meeting (April 19, 2022\. However, the issue related to the lack of public road access to the tank was unknowingly discovered late, so the project is back on the Planning Board agenda for the May 3, 2022, meeting. The Planning Board provided similar recommendations to the Town Board in 2012 for 572 Warren Road and several properties on the west (lake) side of East Shore Drive, and in 2017 for a property at 185 Kendall Avenue.The 2012 properties were the first open development areas that the Town Board and Planning Board had ever considered, so Susan Brock provided a memo to the Boards to explain the concept and procedures. Below are excerpts from her memo: "New York Town Law§ 280-a(l) states that in towns that have Official Maps(as the Town of Ithaca does), building permits may be issued only ifa street"giving access"to the proposed structure is on the Official Map. Section 280-a(l)further states "access" means "the plot on which such structure is proposed to be erected directly abuts on such street or highway and has sufficient frontage thereon to allow the ingress and egress of fire trucks, ambulances, police cars, and other emergency vehicles,and a frontage of fifteen feet shall presumptively be sufficient for that purpose." Section 280-a(2)further requires the streets to be suitably improved to the town's satisfaction before building permits may be issued. If a lot does not meet these access requirements, no building permits may beissued. The policy reason behind §280-a is to assure the construction of adequate roads prior to the development of unimproved areas. Some developers of landlocked parcels have tried to satisfy§ 280-a(l) by obtaining an easement that runs from the landlocked parcel's property line over adjoining property to a street that is shown on the Uf0da| Map. However, New York case law says that an easement is not good enough to xatisfv§ 280- a(1). The strip of land furnishing access across adjacent property must be owned in fee to meet the access requirement(joint ownership of the strip by the owners of the landlocked parcel and the adjoining parcel meets that requirement). If the adjoining owner who has access to a street is not willing to convey ownership of the needed strip of land to the owner of the landlocked parcel,then Section 280-a(4) provides an alternative way for the landlocked parcel to gain access by specifically allowing access to be obtained by easement instead of in fee: "The town board may, by resolution, establish an open development area or areas within the town, wherein permits may be issuedfor the erection of structures to which access is given by right of way or easement, upon such conditions and subject to such limitations as may be prescribed by general or special rule of the planning board, if one exists, or of the town board if a planning board does not exist. If a planning board exists Ansuch town, the town board,before establishing any such open development area mr areas,shall refer the matter tm such planning board for its advice and shall allow such planning board a reasonable time tmmepmrt° The Town Board, at a meeting on April 25, 2022, officially referred the open development area at 172 Ridgecrest Road to the Planning Board for arecommendation. According to the language inSection 28O-a(4), the Planning Board may prescribe conditions or limitations on an open development area. If the Planning Board issues a positive recommendation to the Town Board, then the Planning Board might want to consider similar conditions as the ones placed on the properties in 2012 and 2017. A draft resolution containing these conditions is included in your packet for your consideration. Please call rneat607-27S-1747, extension 12Ior email noeat if you have any questions related to this proposal. Att. PROPOSED RESOLUTION: Recommendation to Ithaca Town Board Regarding Proposed Establishment of an Open Development Area for 1.72 Ridgecrest Road Town of Ithaca Planning Board, May 3, 2022 WHEREAS: 1. Pursuant to New York Town Law § 280-a(4), on April 25, 2022, the Ithaca Town Board referred the potential establishment of an open development area for the 172 Ridgecrest Road parcel to the Ithaca Planning Board for its advice, and 2. The 172 Ridgecrest Road parcel, which has been improved with a town-owned water tank that was built many years ago, is landlocked and does not directly abut a street that is on the Town of Ithaca's Official Map, and 3. Access from the 172 Ridgecrest Road parcel to Ridgecrest Road, which is on the Official Map, is achieved by an easement across an adjoining property, and 4. The Planning Board has considered maps and other materials regarding this matter; NOW THEREFORE BE IT RESOLVED: That the Planning Board recommends to the Ithaca Town Board that an open development area be established for 172 Ridgecrest Road, subject to the following conditions: a. No future subdivisions of the parcel shall occur unless acceptable road access is obtained for the future parcels pursuant to Town Law §§ 280-a(l) and(2), [not sure if this is needed— Susan Brock will advise] b. Easements or rights-of-way from the parcel to Ridgecrest Road shall exist at all times, c. The driveway from Ridgecrest Road to the parcel shall remain paved or be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, and d. All future deeds, easements, and rights-of-way for all or part of the parcel shall contain the following provision: "This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on " [list date] OF /y -7 5 BRUSHLINE t2 11 166RIDGECRESTRD E TAXMAP.45-1-21.2 IVIF BROCA-WA Y MARK EXIS TING 12 WA TER MAIN -------------------------------------------------------------------------------------------- EXISTING ELECTRICAL A SER VICE TO BE REMO VED ------------------------------------------------------------------------------ ------ --------------------------------�)----------- el, EXISTING UNDERGROUND UTILITY N E VAULTANDABOVE GROUND FIBERGLASS ENCLOSURE 8 G—G G—G — l, �:a -- u ev V,� G U 6E z-:_— 0 vil E—E— G PL E--- PL )p 7 TL —E p 1-- 11 fL L or —E—E—E—E— ViV, —w—w—w—w—w—w w—w—w— w w w w w w w w w w w- --w SURVEYED BY: 'A, SMARRIS X 10- PL PL PL PL DESIGNED BY: EXISTIN68-FOOTHIGH CHAIN-LINKfE NCf7 GRA J . MCNEAL �PROPO�SED 8-�WA T,-�RMA I�N DRAWN BY: E XISTING WATER ----------------------------------------------- ------------ ------- J .MCNEAL TA NX 30 POSED ELEC TRICA L SER VICE] FF.-1417.6' CHECKED BY: D.THAETE 00/0" A 10, 172RIDGECRESTRD TAXMAP.45-1-2.1 ,f1rcl( NIF TOWAIOFITHACA Nlfl, 172RIDGECRESTHO RD, WMAP.45-1-22 PROPOSED 13 X15X9.5' NIF GERHART THOMAS PRECA5TBUILDING FF-141 7 5 NO, ?ANKU;VE& PROPOSED BA CI(UP WARGARET GE NERA TOR FF.,1419.0' Lu PROPOSED CONTOURS] jLj TO WN OF THA CA PL— < PL RL PL -J < p PL PL R Y TE PROPERTY B TOWNOFDANBY PL PL APPR A,45-2 T 16 PL U z Lu NIF Lu 131AK BRIAN —,w < Lu PROPOSED TANK SITE PLAN > Z 0 < ol 20' 40' 60' 80" 1.- 0 SCALE: 1"=20' uj Ln ILL o0 UJ a— C) F— < V) Lu 0 ar— u 0 uj loom Red outhmne property line ( landlocirted parcel ) V) 0 uj M cr- nro u oil uj ffff REVISIONS 'Re SAMPLE PHOTO PRECAST BUILDING DATE: 3/17/2022 SCALE HORIZONTAL: VARIES SCALE VERTICAL: N/A SHEET: ","ARP OVERALL SITE PLAN ZGERE... AX MAI R41 A -ARI G 100 1 01 50' 100, 150' 200' 1 SCALE: 1"= 0'