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HomeMy WebLinkAboutPB Minutes 2017-06-06 TOWN OF ITHACA PLANNING BOARD MEETING Tuesday,June 6, 2017 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox, Chair; John Beach, Jon Bosak, Joseph Haefeli and Liebe Meier Swain Town Staff Present: Sue Ritter, Director of Planning; Chris Balestra, Planner; Marty Mosely, Senior Code Enforcement Officer; Dan Thaete, Town Engineer; David O'Shea, Civil Engineer; Lorraine Moynihan Schmitt, Attorney for the Town; Paulette Rosa,Town Clerk The audio recording for this meeting was corrupted and barely audible. Minutes are from notes taken at the meeting and are in basic summary form. Call to Order Mr. Wilcox called the meeting to order at 7:04 p.m. SEAR Determination: Westview Subdivision Modifications, Schickel Road and Larisa Lane. PUBLIC HEARING: Consideration of a modification to the December 7, 2004 Subdivision Approval (Planning Board Resolution No. 2004-125) for the Westview Subdivision located on Schickel Road and Larisa Lane (off Danby Road) in the Low Density Residential Zone. The 2004 approval limits the number of building permits that can be obtained by the developer to two permits per phase of development, until the Town Board accepts all infrastructure related to the phase and the infrastructure is completed for that phase. The applicant is requesting to eliminate the limit on the number of building permits to be issued per phase and instead allow building permits on any lot that contains appropriate road frontage, sewer and water connections, regardless of the phase it is in. Westview Partners, LLC., Owners/Applicants; Boris Simkin, Agent. Summary— Mr. Simkin is requesting permission to build on lots that are approved for Phase 3 without completing all of the required infrastructure and obtaining Town Board acceptance, because he extended water and sewer further than anticipated when building Phase 2. Mr. Simkin states he did this extension at the Town's request and Mr. Thaete denied that, saying that Mr. Simkin submitted plans for the infrastructure and the Town simply approved them. The original subdivision condition limits the developer to 2 building permits per phase of development, and then the developer needs to extend all utilities and road for the remaining part of the phase and get Town Board approval for the infrastructure before the developer can get more building permits for the phase. The Town has not accepted the infrastructure necessary to get the additional permits requested. The Town has issues with the infrastructure that has been completed in the past and also with the current infrastructure. The Board discussed the request and thought that the conditions imposed by the Planning Board at the time must have been done for a reason and they shouldn't second guess it at this point. They noted that the additional building permits requested could be obtained by Mr. Simkin if he completed the infrastructure to Town standards and it was accepted and this seems to be a financial issue that is not their concern. While Mr. Simkin feels it is a timing issue and financial, the Board was not convinced to a point to negate or change a previous Board's condition. Mr. Wilcox explained to the audience that a reaffirmation of the existing SEAR needed to be voted on prior to opening the public hearing. PB RESOLUTION 2017-047: SEAR Modification of Planning Board Condition Westview Subdivision Schickel Road & Larisa Lane Town of Ithaca Planning Board,June 6, 2017 Moved by Fred Wilcox, seconded by John Beach WHEREAS: 1. This action is Consideration of a modification to the December 7, 2004 Subdivision Approval (Planning Board Resolution No. 2004-125) for the Westview Subdivision located on Schickel Road and Larisa Lane (off Danby Road) in the Low Density Residential Zone. The 2004 approval limits the number of building permits that can be obtained by the developer to two permits per phase of development, until the Town Board accepts all infrastructure related to the phase and the infrastructure is completed for that phase. The applicant is requesting to eliminate the limit on the number of building permits to be issued per phase and instead allow building permits on any lot that contains appropriate road frontage, sewer and water connections, regardless of the phase it is in. Westview Partners, LLC., Owners/Applicants; Boris Simkin, Agent.; and 2. This is an Type 1 Action for which the Town of Ithaca Planning Board is the lead agency in the environmental review with respect to the proposed modification of condition; and 3. The Planning Board made a negative determination of environmental significance when it approved the project on May 4, 2004; and 4. The Planning Board, on June 6, 2017, has reviewed and accepted application materials related to the proposed modifications; and 5. Town planning staff has recommended the reaffirmation of its negative determination of environmental significance with respect to the proposed modifications; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby reaffirms the 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 actions 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, a Draft Environmental Impact Statement will not be required. Vote: Aye- Wilcox, Beach, Bosak, Haefele and Swain Unanimous/Motion Passed Mr. Wilcox opened the public hearing at 7:43 p.m. Christine Keller— Ms. Keller stated that she represents some of the Larisa Lane residents and stated that it has been helpful to hear all of the discussion. She asked how many homes Mr. Simkin could build and Mr. Wilcox explained the phasing as depicted on the color-coded chart provided to the Board by staff. He explained how Mr. Simkin can build two lots in any phase before he needs to build out the road, water and sewer for the entire phase. There are two houses in phase 3 that have been built and now he wants permits to build the two other houses that have water and sewer service and part of the road. She asked what the result of tonight's action would be and Mr. Wilcox explained that if the Board granted his requests, he would be able to get permits for lots 13 and 31 and if they did not approve it, he has to extend the road, water and sewer north all the way to lots 16 and 17 and have them accepted by the Town Board before getting any more building permits for phase 3. Mr. Wilcox closed the public hearing at 7:51 p.m. The Board discussed the request and felt that the intent of the original approval and conditions was to ensure this development happened in an orderly fashion. They decided to uphold that intent by denying the requested modification. They did this by unanimously voting against the proposed resolution below that recommends granting the request: PB RESOLUTION 2017-048: Modification of Planning Board Condition Westview Subdivision Schickel Road & Larisa Lane Town of Ithaca Planning Board,June 6, 2017 Moved by Fred Wilcox, seconded by John Beach WHEREAS: 1. This action is Consideration of a modification to the December 7, 2004 Subdivision Approval (Planning Board Resolution No. 2004-125) for the Westview Subdivision located on Schickel Road and Larisa Lane (off Danby Road) in the Low Density Residential Zone. The 2004 approval limits the number of building permits that can be obtained by the developer to two permits per phase of development, until the Town Board accepts all infrastructure related to the phase and the infrastructure is completed for that phase. The applicant is requesting to eliminate the limit on the number of building permits to be issued per phase and instead allow building permits on any lot that contains appropriate road frontage, sewer and water connections, regardless of the phase it is in. Westview Partners, LLC., Owners/Applicants; Boris Simkin, Agent.; and 2. This is a Type 1 Action for which the Town of Ithaca Planning Board, acting as lead agency with respect to the modification has, on June 6, 2017, reaffirmed its negative determination of environmental significance, after having reviewed and accepted as adequate a Full 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 June 6, 2017, has reviewed and accepted as adequate application materials related to the proposed modifications; NOW,THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants the requested modifications to condition "e" from the December 4, 2004 Final Subdivision approval (Resolution No. 2004-125) for the proposed Westview Subdivision, located on Schickel Road and Larisa Lane, by revising the condition to read: e. No building permits shall be issued for any of the Phases prior to acceptance by the Town Board for the water and sewer infrastructure, and completion of the water and sewer infrastructure to the satisfaction of the Town Public Works Department, and further: (i) For Phase 3: building permits may be issued for lots 13 and 31 before the Town Board accepts the completion of Larisa Lane, given that the road has already been extended to those lots. However, no additional building permits shall be issued for Phase 3 until Larisa Lane is constructed to the satisfaction of the Town Public Works Department and accepted by the Town Board, and (ii) For Phase 4: No building permits shall be issued for the construction of any homes unless, at the time of the issuance of the permits, Schickel Road has been constructed and is maintained so as to provide, in the opinion of the Town Public Works Department, a usable, serviceable roadway for unimpeded ingress and egress of residential, emergency and service vehicles. The developer shall submit a bond or other financial security, satisfactory to the Town Public Works Department and the Attorney for the Town, in an amount equal to 125% of the reasonable estimate for the costs of completing Schickel Road to ensure the completion of the road. Under no circumstances shall any certificates of occupancy be issued until such road improvements are completed. Vote: Ayes—None Nays -- Wilcox, Beach, Bosak, Haefele and Swain Request denied/Motion failed Persons to be heard—There was no one wishing to address the Board at this time. Approval of minutes—Mr. Wilcox moved approval of the minutes; seconded by Mr. Beach with Mr. Haefele abstaining. Unanimous Lot line adjustment—Mr.Thaete explained the request stating that a residence was built with insufficient side lot lines so a 10 foot adjustment was made which meets the requirements but does make an odd lot shape. All remaining lots are legal lots. The Board had no concerns with the lot line adjustment. Next meeting—Ms. Ritter reported that there are no items for the next meeting, so the Board approved a motion to cancel the meeting for June 20, 2017. Maplewood—Mr. Mosely reported to the Board that permission has been granted by the Codes Department for construction activities on Saturdays, from 9am—5 p.m. throughout the summer(13 weeks). The Board requested that notification be sent out to the neighbors affected by this permission since it was a condition of approval and a concern of the neighbors. Correspondence— Ms. Ritter noted the letter from Dennis Forester regarding concerns with the Town's Solar law. The Board noted that the Town Board enacts this legislation and the concern should be re-directed to them. The Planning Board will respond to the resident with a letter. Meeting was adjourned 8:08 p.m. upon a motion and a second. rSubm' Paulette Rosa 4e4K