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HomeMy WebLinkAboutPB Minutes 1981-05-05 TOWN OF ITHACA PLANNING BOARD MAY 52 1981 • The Town of Ithaca Planning Board met in regular session on Tuesday , May 5 , 1981 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Barbara Schultz , James Baker , Bernard Stanton , Edward Mazza , Liese Bronfenbrenner , David Klein , Lawrence P . Fabbroni ( Town Engineer ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Edward F . Fay , 417 East Buffalo Street ; Robert Stolp , Esq . , 103 West Seneca Street ; Timothy Dietrich ; Virginia Freeman ; Gust L . Freeman , Chairman May declared the meeting duly opened at 7 : 30 p . m . REPORT OF THE BUILDING INSPECTOR Mr . Fabbroni noted that the members had in hand Mr . Cartee ' s report for April 1981 , which indicates that 4 permits were issued for $ 15 , 340 . 00 of improvements , as compared with 7 permits issued for $ 120 , 150 . 00 of improve - ments in April of 1980 . REPORT OF , THE TOWN ENGINEER AND TOWN PLANNING DEPARTMENT Mr . Fabbroni reported that the parks , tanks , and transit are moving ahead , as reported at the last Planning Board meeting . He noted that the transit systems now involve a mid - day run . . Mr . Stanton asked about Ivar Jonson ' s proposal for " townhouses " that the Planning Board approved some time ago , noting that he had not seen any move - ment up there . Mr . Fabbroni reported that , as far as he knew , the bank has turned the application for mortgage money down , and Mr . Jonson will probably pursue the original concept . Mr . May wondered if he would have to come back for re - approval . Mr . Fabbroni commented that that was a good question . Mr . May stated that he did not think it would be any problem , but he felt that they ought to come back in and make the Planning Board aware of any changes , if any . Mr . Fabbroni touched briefly on parks , and spoke of the status of the proposed zoning ordinance . He reported that a committee of the ) ,Down Board had been formed to review the proposed changes in zoning designation . He stated that the first of three meetings of that committee will be held to - morrow , May 6th , and the last of three meetings on Friday , with hopes of having a report for the Town Board at their meeting on May 11th . Mr . Fabbroni commented that he felt the better way would be to develop a land use plan and then go from that . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE SUBDIVISION OF THE LANDS OF DEBBIE AND TIMOTHY DIETRICH ON DUBOIS ROAD INTO THREE LOTS , A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 22 - 2 - 1 . Attorney Robert Stolp , acting on behalf of Attorney Bruce Wilson , and Mr . Timothy Dietrich , the applicant , appeared before the Board . • Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on April 27 , 1981 , and April 30 , 1981 , respectively . Mr . Stolp presented the Survey Map together with the completed Environ - Planning Board - 2 - May 5 , 1981 ` mental Assessment: Form ( Short Form ) , both of which had been distributed to the Planning Board members with their Agenda prior to this meeting . • Referring to the Survey Map entitled " Map Showing Land of Mary C . Yenei Estate " , Part of Mil . Lot 40 , Town of Ithaca , County of Tompkins , State of New York , dated 3 / 24./ 81 , revised 4 / 10 / 81 " Divide Parcel " B " , drawn by KCP , checked by JDH , for Timothy Dietrich , Donald P . Dietrich , Margaret Z . Fiser , Mary C . Yenei Estate , signed and sealed by Jon D . Haight , Professional Land Surveyor , 60 Delaware Avenue , Cortland , NY 13045 , 4 / 10 / 81 , Mr . Dietrich stated that they wished at this time to change the request for subdivision from 3 lots into 4 lots by dividing the Parcel noted on the survey map as B - 17 16 . 00 + acres , into two lots to be shown as B - lA and B - 1B . It was noted that Parcel " A " on said Survey Map is owned by Mr . Edward N . Austen , and Mr . Dietrich owns the remaining lands , i . e . , B - 1 ( now B - lA and B - 1B ) , B - 2 ; and B - 3 . Mr . Fabbroni stated that the only problem he sees with this proposed change in the application , i . e . , from 3 lots to 4 lots , is that there is now created two lots off . of a private right of way . He stated that that is not standard procedure - - there can be one off a private right of way , but at two lots the right of way should be a public street . He commented that this may be a problem without a variance . Mr . Klein inquired about a right of way through B - lA to B - 1B . Attorney Stolp stated that provision could be made for an additional right of way . Mr . Dietrich stated that he was concerned that there might be a problem then with frontage , noting that he had 310 ' of frontage for B - 1 . Mr . Mazza ' stated that it would be a matter of a right of way , not a deed . Mr . Fabbroni stated that he thought an additional right of way would serve his concerns . Mr . May asked about the possibility of a fire and if that would be a problem . Mrs . Bronfenbrenner stated that there is no turn - around either . Mr . Fabbroni stated that historically there have been problems with develop - ment on private roads , for example , Williams Glen Road . Mr . Fabbroni stated that people have expectations . such as snow plowing . He explained the poten - tial problems and how the whole proposal would be much cleaner with a right of way . Mrs . Bronfenbrenner asked if the fire department will go on a road like this that does not have a turn - around . All agreed that they would . Mr . Mazza stated that any such right of way should go all the way back from DuBois Road to the property line ( west line ) . Mr . Dietrich stated that he would have to clear this with his father and his father - in - law . Mr . Fabbroni pointed out the matter of issuance of a building permit with no street . Mr . Mazza agreed that Mr . Fabbroni ' s concern was proper . Mr . Fabbroni stated that it was immaterial if there should be a separate legal right of way for the person in Parcel B - 1B , adding that what might be decided in terms of building a driveway is satisfactory . Mr . Stolp described how such an easement might be done , other than the easement shown on the survey map . Mr . Mazza inquired how wide Mr . Fabbroni would want the easement to be , to which . Mr . Fabbroni replied , 60 ' both sides of proposed lot line between B - lA and B - 1B and B - 3 and B - 2 . Mr . May repeated that what is being talked about is 60 ' on either side • up to the edge of parcel B - 3 . Mr . Dietrich noted that proposed parcel B - lA would be a 5 - acre - lot surveyed out from the 16 acre parcel ( B - 1 ) . Mr . Gust Freeman pointed out that there are a couple of creeks that run through there and asked if Mr . Dietrich had made provision for those in the Planning Board - 3 - May 5 , 1981 right of way . Mr . Fabbroni stated that this is a moderately sloped piece of land and with five - acre plus lots he was not overly concerned with altering • the nature of the land . Mr . Mazza wondered about any possible washing out in the area of the right of way . Mr . May inquired of Mr . Fabbroni if he felt it would be in order to waive the need for the Planning Board to walk the land . Mr . Fabbroni said he thought that. would be fine , adding that with the size , of the lots that would be okay and noting also that there is probably not even a need to worry about the Health Department . He stated that if they were to be one acre lots , we would need a topo and need to go all the way . Mr . Freeman said that his only concern was with the person in . the back who might want to develop some day . Mr . Fabbroni stated that he did not see this as a real problem and added that he would almost see the waiving of the final hearing , but that he would want a metes and bounds survey . Mr . May stated that the Environmental Assessment Form ( Short Form ) has been filled out and all declarations indicated as " no He asked if there were any comments from anyone and noted that Mr . Fabbroni , the Town Engineer , had recommended a negative declaration . MOTION by Mr . Bernard Stanton , seconded by Mr . Edward Mazza : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the review of the proposed four - lot subdivision of the lands of Debbie and Timothy Dietrich on DuBois Road , a portion of Town of Ithaca Tax Parcel No . 6 - 22 - 2 - 1 , approve and hereby does approve the Environmental Assessment Form as completed ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that -. the Town of Ithaca Planning Board , has determined from the Environmental Assessment Form and all pertinent information that the above -mentioned action will not significantly impact the environment and , therefore , will not require further environmental review . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Klein . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mr . Edward Mazza , seconded by Mr . James Baker : RESOLVED , that: the Town of Ithaca Planning Board waive and hereby does waive the second public hearing on the matter of subdivision approval for Dietrich and shall consider final subdivision approval on said matter , this date , May 5 , 1981. There being no further discussion , the Chair called for a vote . • Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Klein . Nay - None . The MOTION was declared to be carried unanimously . Planning Board - 4 - May 5 , 1981 MOTION by Mr . Edward Mazza , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Final Subdivision Approval for a Four - Lot Subdivision of the lands of Debbie and Timothy Dietrich on DuBois Road , a portion of Town of Ithaca Tax Parcel No . 6 - 22 - 2 - 1 , as shown on Survey Map entitled " Map Showing Land of Mary C . Yenei Estate " , Part of Mil . Lot 40 , Town of Ithaca , County of Tompkins , State of New York , dated 3 / 24 / 81 , revised 4 / 10 / 81 " Divide Parcel " B " , drawn by KCP , checked by JDH , for Timothy Dietrich , Donald P . Dietrich , Margaret Z . Fiser , Mary C . Yenei Estate , signed and sealed by Jon D . Haight , Professional Land Surveyor , 60 Delaware Avenue , Cortland , NY 13045 , 4 / 10 / 81 , and showing proposed Parcels B - 1 , B- 22 B - 3 , as amended this date , 5 / 5 / 81 , to indicate Parcel B - 1 as B - lA and B - 1B , with such Final Subdivision Approval being subject to receipt by the Town of Ithaca of a Final Survey Map showing the metes and . bounds description for the four lots requested including the two ( 2 ) sixty - foot ( 601 ) rights of way , one on the south side of the northern front lot , the other on the north side of the southern front lot ( B - 3 ) , according to the `purvey Map above cited , as amended . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Mazza , Bronfenbrenner , Klein . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT VUpon Motion , Chairman May declared the May 5 , 1981 , meeting of the Town of Ithaca Planning Board duly adjourned at 8 : 15 p . m . Respectfully submitted , Nancy M . Fuller , Secretary .