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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