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HomeMy WebLinkAboutPB Minutes 2022-10-18 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca,New York 14850 Tuesday, October 18, 2022 7:00 P.M. Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at https://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 (httys://www.youtube.com/channel/UCC9vycXkJ6klVIibihCy7NO/live). AGENDA 1. SEQR Determination: Iacovelli/Torchia Two-Lot Subdivision, 159 Kendall Avenue. 2. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 159 Kendall Avenue. The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High-Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark Iacovelli and Matthew Torchia, Owners/Applicants. 3. Persons to be heard. 4. Other Business. -Training, Judy Drake, Human Resources Manager 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�)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 j wRjthpca-r1y,,ps AFFIDAVIT OF SERVICE BY MAIL AND POSTING & PUBLICATION 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 I I th day of October 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 two-lot subdivision located at 159 Kendall Avenue. The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High-Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot.This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark lacovelli and Matthew Torchia,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 October 11, 2022, and the notice has been duly published in the official newspaper,Ithaca Journal on October 12, 2022. Abby HoYer, Administrative Assistant Sworn to before*e on ' 2022. Paulette Rosa NOTARY PUBLIC,STATE OF NEW YORK Registrabon No.0IR06156809 Qualified In Tompkins county Commission Expires Dewmber4,2022 Notary Public ithacajwburnal Public Notice Originally published at ithacajournal.corn on 10/12/2022 TOWN OF ITHACA PLANNING BOARD PUBLIC HEARING NOTICE The Planning Board will hold a public hearing on Tuesday, October 18, 2022, at 7:00 P.M. on the following matter: Consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 159 Kendall Avenue.The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High-Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark lacovelli and Matthew Torchia, Owners/Applicants. Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom,The public will have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at https://us06web.zoom.us/i/83643764382. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestrearn video on YouTube (https://www.youtube.com/channel/UCC9vycXkJ6klVlibjhCy7NQ/Iive). Any person wishing to address the board will be heard. In addition, comments can be sent via email to townclerk@town.ithaca.ny.us 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.us. Susan Ritter, Director of Planning 10/12/2022 TOWN OF ITHACA (a 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,October 18,2022,at 7:00 P.M. on the following matter: Consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 159 Kendall Avenue. The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High-Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot.This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark lacovelli and Matthew Torchia,Owners/Applicants, Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at httVs­`/us06wcb.zoon1,usJ 83643764382. Any person wishing to address the board will be heard. If the public would like to attend the meeting for viewing, purposes only, it is recommended to watch the livestream video on You'rube(htrps www.,youttibe.con-i/cliamieVUCC9,�, cX 16 1,VZt OlQl NV c 7 � liv In addition,comments can be sent via email to 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,M.us. Susan Ritter, Director of Planning Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website at hqps.- n y�jrqeptiqj-calenclar- eqdas under the calendar meeting date. ,fl,www,townJthaca. y_ ...................I.... "I _J Full meeting agenda is on reverse side 1 TOWN OF ITHACA PLANNING BOARD October 18, 2022 MINUTES Present: Liebe Meier Swain, Chair; Members Fred Wilcox, Ariel Casper, Liz Bageant, and Yvonne Fogarty, Cindy Kaufman(virtual) Absent: Bill Arms and Greg Lindquist Susan Brock, Attorney; Marty Moseley, Codes; Chris Balestra and Sue Ritter, Planning; and Paulette Rosa, Town Clerk Ms. Meier Swain called the meeting to order at 7:01 p.m. Item 1 Consideration of Preliminary and Final Subdivision Approval for the proposed two- lot subdivision located at 159 Kendall Avenue. The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High- Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark Iacovelli and Matthew Torchia, Owners/Applicants. Overview Mr. Iacovelli stated that his father grew up at 159 Kendall Ave and he inherited the property and he and his partner plan on subdividing the property into two buildable lots while the economy and inflation make it still feasible. He added that there is not a lot of land left in that area and housing is needed. Questions Ms. Meier Swain asked about the parking strips at the front of the property as there is a general preference that parking lots are not up front and center. Mr. Iacovelli responded that about 90% of the buildings on that road have parking in the front because of the steep slope of the backside of the property which gets wet easily and having them in the front are easier to maintain and monitor. Mr. Torchia added that the parking area is shared by 165 Kendall Ave so the present area will be split between the two parcels and residences on them. Ms. Meier Swain responded that she understands there is no prohibition in the Code about the parking where it is but recognizing that student housing with the possibility of multiple cars, is there other parking available or is out front just what you prefer. PB 2022-10-18 (Filed 10/19) Pg. 1 Mr. Iacovelli responded they would have to build stairs to access lower parking, not a road or long accessway. Mr. Wilcox asked if the tree was going to remain, and Mr. Iacovelli responded that it would. Mr. Wilcox asked what the survey stakes on the lot are for. Mr. Iacovelli and Mr. Torchia stated they did not know, with Mr. Iacovelli asking why that was pertinent to this action. Mr. Wilcox responded that since the application included the plan for a structure, it becomes part of the action, and he would guess that they are for the future structure's footprint. Mr. Iacovelli responded that that would be his guess as well. Mr. Wilcox addressed the previous comments regarding parking, saying that this particular area is different from the rest of the town and the parking in front does not bother him as he agrees with the applicant's statement that most of the parking in the neighborhood is in front and this would fit that same character. Ms. Meier Swain added that her questions to parking were more out of curiosity than opposition. SEQR Determination Ms. Fogarty had a question on the form that is usually answered with an N/A but has "yes." Ms. Balestra explained that since the applicant offered the information that a residence is planned, the SEQR reflects that the property is on public water and sewer and any stormwater will be addressed during the building permit process. PB Resolution 2022-031: SEQR Preliminary& Final Subdivision Approval Iacovelli/Torchia 2-Lot Subdivision 159 Kendall Avenue Tax Parcel No. 54.4-26 Whereas: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 159 Kendall Avenue. The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High-Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark Iacovelli and Matthew Torchia, Owners/Applicants, and PB 2022-10-18 (Filed 10/19) Pg. 2 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to the project, and 3. The Planning Board on October 18, 2022,has reviewed and accepted as adequate a narrative, a subdivision plat titled "Subdivision Plat, Torchia& Iacovelli Properties, Kendall Avenue, Town of Ithaca, County of Tompkins, State of New York,"prepared by Lawrence Peter Fabbroni, Licensed Land Surveyor, dated 8-26-22, 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 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 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: Ariel Casper Seconded: Cindy Kaufman Vote: ayes —Casper, Kaufman, Wilcox, Fogarty, Meier Swain and Bageant Public Hearing Ms. Meier Swain opened the public hearing. Ms. Balestra reported a call from a resident who couldn't be at the meeting. The resident was very concerned about the parking issues that plague the road, including issues such as emergency vehicle access, winter snow removal and parking every which way which makes it difficult to pass through, never mind on Super Bowl Sunday when it is literally impassable. She said she felt that adding another home will just increase these issues and when she has called the Sheriff's they do not ticket the cars. Ms. Balestra noted that she explained that this is not really applicable to this particular action, but that she would relay the message. Some discussion followed on how many cars the residence would be expected to have and how many the space as depicted would accommodate. Ms. Fogarty addressed the applicants, saying that the Board does not have the authority to enforce any of this, but they as landlords and their family members that own neighboring properties as he had earlier stated do have that power and they should do something about this problem with some teeth to it. PB 2022-10-18 (Filed 10/19) Pg. 3 Mr. Iacovelli responded that this was the first time he had heard of the issue, but he completely agreed. Ms. Meier Swain closed the public hearing. Determination Ms. Bageant said that she looked at the property on google earth live and the topography details and it looked to her like parking in the back is a viable possibility. Mr. Iacovelli responded that she should go to the property and see it in person, because it does slope down significantly and is often wet. Mr. Wilcox asked about the vacant small plot to the west of the property in question. Ms. Balestra stated that this is a non-conforming,preexisting lot that could be built on if it conformed to setbacks even though it is undersized. Mr. Moseley commented on the parking concerns, saying that there are requirements in the Code for percentages of the property that can be parking and when and if a building permit is applied for, that will be reviewed and if necessary, a variance would be another step in the process. PB Resolution 2022-132: Preliminary& Final Subdivision Approval Iacovelli/Torchia Two-Lot Subdivision 159 Kendall Avenue, Tax Parcel 54.4-26 Whereas: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two-lot subdivision located at 159 Kendall Avenue. The proposal involves subdividing the 18,000 square foot lot into two lots that will comply with all dimensional requirements of the High-Density Residential Zone. After subdivision, one lot will contain the existing residence at 159 Kendall Avenue and the other lot will be vacant. The applicant intends to construct a home on the vacant lot. This is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review. Mark Iacovelli and Matthew Torchia, Owners/Applicants, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, as lead agency in the environmental review with respect to the project, has on October 18, 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 October 18, 2022,has reviewed and accepted as adequate a narrative, a subdivision plat titled "Subdivision Plat, Torchia&Iacovelli Properties, Kendall PB 2022-10-18 (Filed 10/19) Pg. 4 Avenue, Town of Ithaca, County of Tompkins, State of New York,"prepared by Lawrence Peter Fabbroni, Licensed Land Surveyor, dated 8-26-22, and other application materials, now therefore be it Resolved: 1. That the Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver would 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& Final Subdivision Approval for the proposed Iacovelli/Torchia Two-Lot Subdivision, as shown on the plans noted in Whereas #3 above, subject to the following condition: a. 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 of a copy of the receipt of filing to the Planning Department. Moved: Fred Wilcox Seconded: Liz Bageant Vote: ayes —Casper, Kaufman, Wilcox, Fogarty, Meier Swain and Bageant Item 2 Persons to be heard—None Item 3 Other Business Ms. Rosa returned to the topic of approving minutes and the process. The goal is to be able to approve minutes in a timely manner when there are cancellations in the Board's schedule or delays in her getting them out to the Board. Her suggestion was to send the minutes to the full board for review and comments/changes, with a 5-day deadline to get those to her, and the Chair of the meeting would be responsible for approval. Discussion followed, with suggestions on how to handle substantive changes. The Board agreed to a trial period of three months for the following: 1. Minutes would be sent when completed by the Clerks' office to the full Board with a five-day comment period. 2. If a member felt there was a substantive change, the change would be sent to the chair and counsel for comment on whether it was substantive and if so, the minutes would be brought to the full board in an open meeting for discussion on the suggested substantive PB 2022-10-18 (Filed 10/19) Pg. 5 brought to the full board in an open meeting for discussion oil the suggested substantive change. 3. Non-substantive changes would be made by the Clerks and if no substantive change is under review, the Chair would approve the minutes. Ms, Meier Swain noted that she would close the meeting, with required Sexual Harassment Training immediately following, given by Judy Drake, Human Resources Manager. Meeting adjourned at 7:58 pm upon motion by Ariel Casper, seconded by Liz Bageant, unanimous. Submit by X e, I Paulette Rosa, Town Clerk PB 2022-10-18 (Filed 1019)