HomeMy WebLinkAboutPB Minutes 2022-09-20 TOWN OF ITHACA PLANNING BOARD
Tuesday, September 20, 2022 7:00 P.M.
Due to COVID-19 and Executive Order No. 11.8 signed by Governor Hochul on 7/14/22 allowing continuation of
virtual meetings,this meeting will be held via the Zoom audio/visual application with no in-person attendance
permitted. Members of the public may call in on a cell phone or landline at(929)436-2866 and enter the Meeting
ID: 836 4376 4382, or join the meeting by computer on Zoom at httos://us06web.zoom.us/i/83643764382.
If the public would like to attend the meeting for viewing purposes only,it is recommended to watch the livestream
video on YouTube (httos://www.youtube.com/channel/UCC9vvcXkJ6k]VIibihCv7NO/live).
AGENDA
1. SEQR Determination: Mecenas Subdivision, 179& 188 West Haven Drive.
2. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision located at 179 and 188 West Haven Drive. The proposal involves subdividing 11.1 +/- acres
from 179 West Haven Drive and consolidating with 188 West Haven Drive. The proposal also involves
subdividing off a strip of land that connects to Elm Street Extension from 188 West Haven Drive (+/- 33
feet wide) and consolidating it with 179 West Haven Drive.No new lots will be created, and no
development is proposed. The Planning Board approved this project in November 2021,but the approval
expired because the conditions of approval were not met within 180 days of the approval. This is an
Unlisted Action under the State Environmental Quality Review Act and is subject to environmental
review. Mark A. Mecenas, Carolyn A. Theodore, Hermogenes J. Mecenas, and Joy G. Mecenas,
Owners/Applicants.
3. Persons to be heard.
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(a),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 at
https://www.town.ithaca.ny.us/meeting-calendar-agendas/under the calendar meeting date.
TOWN OF ITHACA
.............. .....................-- NEW YORK
DEPARTMENT OF PLANNING
215 N, Tioga St 14850
607.273,1747
www.town.ith Uys
................................
AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION
-1--.----................. SERVICE...............I...............
STATE OF NEW YORK ) SS.:
COUNTY OF TOMPKINS )
1, Abby Homer, Administrative Assistant for the Town of Ithaca being duly sworn, depose and say, that
deponent is not a party to the actions, is over 21 years of age with a professional address of 215 North Tioga
Street, Ithaca, New York.
That on the 13th day of September 2022, deponent served the within Notice upon the property owners
within 500 ft. of the properties and projects identified below for:
Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 179 and
188 West Haven Drive. The proposal involves subdividing 11.1 -1/- acres from 179 West Haven Drive and
consolidating with 188 West Haven Drive. The proposal also involves subdividing off a strip of land that connects
to Elm Street Extension from 188 West Haven Drive(t/- 33 feet wide)and consolidating it with 179 West Haven
Drive. No new lots will be created, and no development is proposed. The Planning Board approved this project
in November 2021, but the approval expired because the conditions of approval were not met within 180 days of
the approval. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Mark A. Mecenas, Carolyn A. Theodore, Hermogenes J. Mecenas, and Joy G. Mecenas,
Owners)Applicants.
By depositing same enclosed in a postpaid addressed wrapper, in a post office under the exclusive care
and custody of the United States Post Office Department within the State of New York, and that the attached
notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca on September 13, 2022,
and the notice has been duly published in the official newspaper,Ithaca Journal on September 14, 2022.
A
'Ab6y H(aer', Administrative Assistant
C-
Sworn to b —
efo me on ' 2022.
Paulette Rosa
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 R0611 56M
Qualified In Tompkins County
Notary Public Commission Expires Dooember4,2022
'16thaca Jou �ri iiiia I
Public Noticle
Origlnally publishled at ithacajolurnal.corn on 09/14/2022
"rowi,4 OF ITHACA PL.ANNlNG BOA,RID l"-"UBLIC HEARING NOTK'E The Planning Board will hold a public t-ilearinig on
Tuesday, Septiernber 20, 2022, at 7,00 RIO. on the f0lowing matter: Consideration of Preliminary and Fin all Subdivision
Approval for the proposed subdivision located at 179 and 188 West Haveni Drive. The proposal involves subdividing 11.1
+/.-acres from 179 West Haveru Drive and consolidating w4h 188 West Haven, IDdve, The proposal also involves
subdividing off a strip of Wind that connects to Elirin Street Extension from 18�8 West Haven Drive (+/-33 feet vVide)arid
consolidating it with 179 West Havon Drive. No new�ots will be created,arid no development is,proposed. The Planning
Board approved this project in Novernber 2021, but the approval expired because the conditions of approval were not
met within 180 days of the approval, This is an Unlisted Actioni Under the State Environmental Quality Revilew Act and is
subject to environrineritall review. Mark,A. Mecenas, Caroiyn A, Theodore, Herrnogenes J. hAecenas, arid Joy G,
Mieceinas, Owners/Applicants, Due to COVID-19,and Executive fder No. 11.8 signed by Governor 11octuil on 7/14/22
Mlowing confinuation of virti,,jal rineefings, this meeting will The held visa the Zoorn,audio/visual application wiO'i no in-
person atter0ancle pern'fitted, Members of 1he plub is may call in,on a cell phone or landfine at(929)436-2866 and enter
the Meeting ID: 836 4376 4382, or join the rneeting by computer on Zoorn at pittps:/lus0 lb�,zo�orn.us/�/8364376,4382.
If the public would like to attend the rneefing for viewing purposes only, it is recommended to watch the livestrearn video
on YouTube(https:/,P'wwAw.yotitube.coim/ichanoie,9 CC9,vycXk,116klVOibjhCy7NQ,1live). Any pierson wishing to address the
bo�ard will be heard. In addition, comments can be sent vda email to townclerk&ownAhaca,rry.us up to the end of
trusiness the iday of the rneefing and all comments wfll be forwarded to the board. Additional information is available at
www,IownJIha,ca,ny.us, Susan Ritter, IDirector of Planning 9/14/22
TOWN OF ITHACA
N E W Y 0 R K
Notice of Planning Board Action Near You
You are receiving this notice because you own or live on a property within 500'feet of the proposed action.
This is an effort to inform you and give you an opportunity to learn more and comment if you would like.
TOWN OF ITHACA PLANNING BOARD
PUBLIC HEARING NOTICE
The Planning Board will hold a public hearing on Tuesday, September 14,2022,at 7:00 P.M.on the following matter:
Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision located at 179 and 188 West
Haven Drive. The proposal involves subdividing 11.1 +1-acres from 179 West Haven Drive and consolidating with 188
West Haven Drive. The proposal also involves subdividing off a strip of land that connects to Elm Street Extension
from 188 West Haven Drive (+/- 33 feet wide) and consolidating it with 179 West Haven Drive. No new lots will be
created,and no development is proposed.The Planning Board approved this project in November 2021,but the approval
expired because the conditions of approval were not met within 180 days of the approval, This is an Unlisted Action
under the State Environmental Quality Review Act and is subject to environmental review. Mark A. Mecenas, Carolyn
A. Theodore, Hermogenes J. Mecenas, and Joy G. Mecenas, Owners/Applicants,
Accessing Meeting Materials Online
Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's
website at httpsllwww.town.ithaca.rry s1meeflpg-calendar-ggendas1 under the calendar meeting date.
Due to COVID-19 and Executive Order No. 11.8 signed by Governor Flochul on 7/14'22 allowing continuation of virtual
meetings,this meeting will be field via the Zoom audio/visual application with no in-person attendance permitted. Members of
the public may call in on a cell phone or landline at(929)436-2866 and enter the Meeting ID: 836 4376 4382,or join the meeting
by computer on Zoom at littp5 'usO6web,zoot-ntis/j,,,,'83643764382.
If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on
YouTube(https:��l"www,,),°oLitube.cotiVcliaiiiiel/UCC9v, cXkJ6klVlib,liC 7NO,1ive),
j 'y
Any person wishing to address the board will be heard. In addition, comments can be sent via email to
townelerk(6�,,owR.i,tllalca.rky,,,.,t4s up to the end of business the day of the meeting and all comments will be forwarded to the board.
Additional information is available at www.town,ithaca,ny,qs.
TOWN OF ITHACA PLANNING BOARD
September 20, 2022
Minutes
Due to COVID-19 and the NYS Legislation allowing virtual meetings,this meeting was held
via ZOOM and live streamed via YouTubeLive
Present: Liebe Meier Swain, Chair; Members Ariel Casper, Liz Bageant, Greg Lindquist and
Yvonne Fogarty. Absent: Fred Wilcox, Cindy Kaufman and Bill Arms
Susan Brock, Attorney; Marty Moseley, Codes; Chris Balestra and Sue Ritter, Planning; David
O'Shea, Engineering and Becky Jordan, Deputy Town Clerk
Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision
located at 179 and 188 West Haven Drive. The proposal involves subdividing 11.1 +/- acres
from 179 West Haven Drive and consolidating with 188 West Haven Drive. The proposal also
involves subdividing off a strip of land that connects to Elm Street Extension from 188 West
Haven Drive (+/- 33 feet wide) and consolidating it with 179 West Haven Drive. No new lots
will be created, and no development is proposed. The Planning Board approved this project in
November 2021,but the approval expired because the conditions of approval were not met
within 180 days of the approval. This is an Unlisted Action under the State Environmental
Quality Review Act and is subject to environmental review. Mark A. Mecenas, Carolyn A.
Theodore, Hermogenes J. Mecenas, and Joy G. Mecenas, Owners/Applicants.
Mr. Mecenas gave an overview, stating that he is subdividing the one-acre lot where his parents
currently live from the 12-acre parcel for estate planning purposes. The one-acre parcel will
contain his parents' house and the remaining 11 acres will be consolidated with the adjoining lot,
which he owns and lives on.
Ms. Meier asked if the initial driveway on West Haven Road will stay in place.
Mr. Macenas replied that all properties on Westhaven Drive are accessed by Westhaven Dr; no
one uses the Elm St Ext access.
SEQR DETERMINATION
There were no questions or comments from the Board.
PB Resolution 2022-029: SEQR
Preliminary and Final Subdivision Approval
Mecenas Subdivision
179 & 188 West Haven Drive
Tax Parcel No.'s 29.-6-24.1 & 29.-6-13.1
PB 2022-09-20 (Filed 10/9) Pg. 1
Whereas:
1. This is Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision located at 179 and 188 West Haven Drive. The proposal involves subdividing
11.1 +/- acres from 179 West Haven Drive and consolidating with 188 West Haven Drive.
The proposal also involves subdividing off a strip of land that connects to Elm Street
Extension from 188 West Haven Drive (+/- 33 feet wide) and consolidating it with 179 West
Haven Drive. No new lots will be created, and no development is proposed. The Planning
Board approved this project in November 2021, but the approval expired because the
conditions of approval were not met within 180 days of the approval. This is an Unlisted
Action under the State Environmental Quality Review Act and is subject to environmental
review. Mark A. Mecenas, Carolyn A. Theodore, Hermogenes J. Mecenas, and Joy G.
Mecenas, Owners/Applicants, and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board is lead agency in
the environmental review with respect to the project, and
3. The Planning Board on September 20, 2022, has reviewed and accepted as adequate a
subdivision map entitled "Survey Map, Showing Lot Line Adjustment For No. 179 West
Haven Drive And No. 188 West Haven Drive, Town of Ithaca, Tompkins County,New
York", prepared by T. G. Miller P.C., dated 9/13/2021, and other application materials, and
4. Town planning staff has recommended a negative determination of environmental
significance with respect to the proposed Subdivision Approval; now, therefore, be it
Resolved:
That the Planning Board 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 1 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: Greg Lindquist
Vote: ayes—Fogarty, Casper, Lindquist, Bageant, and Meier Swain
PUBLIC HEARING
Ms. Meier Swain opened the public hearing.
Mike Kesten spoke, saying he lives right across the street from the Elm Street Ext access point,
and he was concerned there may be a driveway put in at some point.
Ms. Balestra responded that there is an existing flag lot that is not a part of this subdivision and
not owned by the applicant. The other access adjacent to that flag piece is not currently used as a
PB 2022-09-20 (Filed 10/9) Pg. 2
driveway as stated by Mr. Macenas.
Ms. Meier Swain added that this is a subdivision approval, and we cannot speak to any future
driveway or access point as it is not part of this action.
There was no one else wishing to address the board and the hearing was closed.
DETERMINATION
There were no further questions or comments from the Board.
PB Resolution 2022-030: Preliminary and Final Subdivision Approval
Mecenas Subdivision
179 & 188 West Haven Drive
Tax Parcel 29.-6-24.1 & 29.-6-13.1
Whereas:
1. This is Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision located at 179 and 188 West Haven Drive. The proposal involves subdividing
11.1 +/- acres from 179 West Haven Drive and consolidating with 188 West Haven
Drive. The proposal also involves subdividing off a strip of land that connects to Elm
Street Extension from 188 West Haven Drive (+/- 33 feet wide) and consolidating it with
179 West Haven Drive. No new lots will be created, and no development is proposed.
The Planning Board approved this project in November 2021, but the approval expired
because the conditions of approval were not met within 180 days of the approval. This is
an Unlisted Action under the State Environmental Quality Review Act and is subject to
environmental review. Mark A. Mecenas, Carolyn A. Theodore, Hermogenes J. Mecenas,
and Joy G. Mecenas, Owners/Applicants; and
2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead
agency in the environmental review with respect to the project, has on September 20,
2022, made a negative determination of environmental significance, after having
reviewed and accepted as adequate a Short Environmental Assessment Form Part 1,
submitted by the applicant, and Parts 2 and 3 prepared by the Town Planning staff; and
3. The Planning Board on September 20, 2022, has reviewed and accepted as adequate a
subdivision map entitled "Survey Map, Showing Lot Line Adjustment for No. 179 West
Haven Drive and No. 188 West Haven Drive, Town of Ithaca, Tompkins County,New
York", prepared by T. G. Miller P.C., dated 9/13/2021, and other application materials:
now, therefore,be it
Resolved:
PB 2022-09-20 (Filed 10/9) Pg. 3
1. That the Planning Board grants Preliminary and Final Subdivision Approval for the
proposed subdivision and consolidation at 179 and 188 West Haven Drive, as shown on
the survey map noted in Whereas #3 above, subject to the following conditions:
a. Signing of an original and three dark lined prints of the approved final subdivision
plat by the Chairperson of the Planning Board, revised to show "West Haven Road"
as "Westhaven Road,"prior to filing with the Tompkins County Clerk Office, and
submission of a copy of the receipt of filing to the Planning Department; and
b. Within six months of this approval, consolidation of"Parcel A-I" (portion of Tax
Parcel No. 29.-6-24.1, 179 West Haven Drive)with "Par A-2" (188 West Haven
Drive) and submission to the Planning Department of a copy of the county
consolidation request form; and
c. Within six months of this approval, consolidation of"Parcel B" (portion of Tax
Parcel No. 29.-6-24.1, 179 West Haven Drive)with the 0.4+/- acre strip of land that
fronts on Elm Street Extension (currently part of Tax Parcel No. 29.-6-13.1, 188 West
Haven Drive), and submission to the Planning Department of a copy of the county
consolidation request form; and
d. Prior to signing of the plat by the Planning Board chair, filing of a revised valid and
binding shared private road agreement that runs with the land, reviewed and approved
by the Attorney for the Town, that specifies shared private road maintenance and
repair/replacement responsibilities for the owners of Parcels A-1 and A-2, Parcel B,
and 200 West Haven Drive; and submission to the Planning Department proof of such
filing; and
e. Prior to signing of the plat by the Planning Board chair, filing in the Tompkins
County Clerk's Office of an access easement for 188 West Haven Drive's (Tax Parcel
No. 29.-6-13.1) access to Westhaven Road that has been approved by the Attorney for
the Town, and submission to the Planning Department of proof of such filing; and
f. To assure that Parcel A-2 has access to the private sewer line and lateral that serve
Parcel A-2 and are located within the 33' wide strip of land, filing in the Tompkins
County Clerk's Office of a private sewer easement that has been approved by the
Attorney for the Town, at the time of the recording of the deed transferring the 33'
wide strip of land to the owner(s) of the balance of Parcel B, and submission to the
Planning Department of proof of such filing within 5 days of the filing; and
g. If, and when Parcel B's ownership is not identical to the ownership of Parcel A-1,
filing of an access easement in the Tompkins County Clerk's Office for Parcel B
access across Parcel A-1 to Westhaven Road; and
h. Filing of this Planning Board resolution with the Tompkins County Clerk's Office,
indexed to Parcels A-1, A-2 and B, and submission to the Planning Department of
proof of such filing.
PB 2022-09-20 (Filed 10/9) Pg. 4
Moved: Greg Lindquist Seconded: Arief Casper
Vote: ayes - Fogarty, Casper, Lindquist, Bageant, and Meier Swain
3, Persons to be heard, None
4. Other Business.
Training opportunities were discussed; no items for October 4"' and the meeting was
cancelled.
5. Adjournment.
Meeting adjourned at 7:29p.rn, upon motion made by Mr. Casper, seconded by Mr.
Lindquist, unanimous.
Submitted by
Becky Jor i, Deputy 7'(")wn[ Clerk
I)B 2022-09-20 (Filed 10,'9) 5