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HomeMy WebLinkAboutPB Minutes 1984-07-03 TOWN OF ITHACA PLANNING BOARD JULY 3 , 1984 The Town of Ithaca Planning Board met in regular session on Tuesday , July 3 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Bernard Stanton , James Baker , Virginia Langhans , David Klein , Carolyn Grigorov , Peter M . Lovi ( Town Planner ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Grace Sapp , Harold B . Sapp , Peter A . Stace , Steve Lucente , Rocco P . Lucente , David G . Allen , Chairman May declared the meeting duly opened at 7 : 35 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in re the matters before the Board in Town Hall and the Ithaca Journal on June 26 , 1984 , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the properties under discussion , upon the Clerks of the Towns of Ithaca and Dryden and the City of Ithaca , upon the . Tompkins County Commissioner of Planning , and upon the applicants and / or Agent , if any , on June 28 , 1984 . STAFF REPORT - PETER M . LOVI The Board members each had received with his / her Agenda the following Report from Mr . Lovi : " Rocco Lucente Final Site Plan Approval I have met this past June 15th with Mr . Boehlecke and Mr . Lucente to discuss the requirements for final site plan approval . All requested information has been provided ; I recommend that final site plan approval for this project be given . The Town Attorney has been directed by the Town Board on May 7th to prepare an amendment to the Zoning Ordinance to permit this conversion . Peter Stace Two -Lot Subdivision Attached please find a survey map , Environmental Assessment Form , and the associated resolutions concerning this minor subdivision on Slaterville Road , Lake Shore West Building plan and life safety review is proceeding at this time . Our office has received a letter from Kevin Lewis informing us that Gene Dymeck , the life safety consultant recommended by the Town , may not be . able to review the plans at this time , and requesting that the Town suggest an alternative consultant . Planning Board 2 July 3 , 1984 • La Tourelle Our office has received the building plans and bid specifications for the project . Fire and life safety review is proceeding , the Town Board will consider amending the Zoning Ordinance at its July 9th meeting . Such an amendment would be necessary prior to the issuance of a building permit . Six Mile Creek Overseer Committee I have been asked by Mayor Gutenberger to serve on the Six Mile Creek Overseer Committee . Given the outstanding issues between the Town and City concerning access and entrances , this is an offer I can ' t refuse . Comprehensive Plan I have been working steadily on collecting information and references as part of the comprehensive planning process . I am particularly interested in obtaining a representative public assessment of issues and opinions prior to the development of specific land use proposals . To this end , I have been researching the use of public opinion surveys in the comprehensive planning process . I hope to make a presentation on the Comprehensive Plan at our regular September meeting . I propose that the Town Board and Zoning Board of Appeals be invited to this meeting . . Wetlands Regulation I have been requested to draft some regulations which would permit the Town to administer its own wetlands permits . The State regulations are quite explicit - local governments may only assume local administration of Class I wetlands following two - year ' s experience with the administration of Class II , III , and IV wetlands and the review of at least six permit applications . In order to gain such experience , it would be necessary to make our local regulations considerably more stringent than the State standards . A revision of our local regulations should properly follow as one aspect of the comprehensive plan . In the interim , I suggest that the Town be content with administrative authority for all Class II , III , and IV wetlands . Zoning Law The Town Board has met once during the past month to discuss the Zoning Law . No further meetings have been scheduled . " Mr . Lovi asked if the members of the Board had any questions . Mr . Stanton wondered how the amendment of the zoning ordinance with respect to Mr . Lucente ' s proposal was coming at the Town Board level . Mr . Lovi reported that he had worked with Town Attorney Buyoucos this afternoon on the proposed law that will be submitted to the Town Board , adding that the Town Board will schedule a Public Hearing on the matter at its meeting on Monday , July 9th . Planning Board 3 July 3 , 1984 With respect to that portion of Mr . Lovi ' s report dealing with the Comprehensive Plan , Chairman May asked that Mr . Lovi and / or the Secretary arrange to invite the Zoning Board of Appeals and the Town Board to attend the second meeting of the Planning Board in September , 1984 [ September 18 , 1984 ] and to discuss at that time a format for surveys . Mr . Lovi described what he termed his basic literature research on the use of opinion sampling surveys . He stated that he would like to sketch ideas out , have discussions with Cornell University faculty , and , depending on the type of survey instrument he designs , garner opinions through random sampling as an interview or through a questionnaire . Chairman May stated that he would suggest that Mr . Lovi discuss the approach , and even a draft of a survey or questionnaire , at the meeting in September with the Boards . Mr . Lovi stated that he would prefer to discuss issue areas , not particular questions . The Board members generally wondered what was happening with respect to the Six Mile Creek matter . Mr . Lovi reported that he had accepted Mayor Gutenberger ' s offer to serve on the Overseer Committee , Chairman May commented on Mr . Lovi ' s serving on the Committee , pointing out that one of the things that was part of the study committee recommendations was that everybody have a vote . Mr . Lovi commented that he was not sure he would have a vote as the Town representative . Chairman May asked that Mr . Lovi determine that early on , adding that he would almost question if he ( Mr . Lovi ) should be there if he is not a voting member . Mr . Klein wondered what happened with the lead agency issue . Mr . Lovi described the manner in which the problem of lead agent was worked out , essentially as a partitioning of the lead agency status , such that the City will act as lead agent in the review of certain project areas and the Town with regard to access matters . Mr . Lovi commented that the overall master planning is the more important issue with regard to use of the Six Mile Creek area . Mr . Klein asked if the matter of lead agency adjudication ever went to DEC . Mr . Lovi stated that it did not , describing certain serious delays which could have occurred had the matter gone up to the Commissioner for adjudication . Chairman May thanked Mr . Lovi for his report . REPORT OF THE BUILDING INSPECTOR - LEWIS D . CARTEE The Secretary distributed Mr . Cartee ' s Report of Building Permits Issued for the month of June 1984 . Said Report sets forth that during the month of June 1984 , 16 permits were issued for a total $ 366 , 705 . 00 in improvements , as compared to the month of June 1983 when 10 permits were issued for a total of $ 163 , 500 . 00 in improvements . REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY PLANNING BOARD - CAROLYN GRIGOROV . • Reporting on the June 13 , 1984 meeting of the County Planning Board , Mrs . Grigorov stated that the Tompkins Community Hospital will Planning Board 4 July 3 , 1984 • build a new wing to replace space which is to be sold to the developer of Lake Shore West . Mrs . Grigorov reported that the Village of Cayuga Heights may have to rewrite their zoning ordinance to allow the installation of saucers for satellite reception . Mrs . Grigorov reported that the Armory on West Hill [ City ) is a branch of the US Army , while the proposed new one is to be a State armory , adding the comment that the building will cost $ 3M with a payroll of $ 250T per year . Mrs . Grigorov reported that there were two guest speakers - - Dr . Anthony DeLuca , Tompkins County Commissioner of Mental Health , and Professor Aaron Moen of the Department of Natural Resources of Cornell University . Mrs . Grigorov stated that Dr . DeLuca reported that at one time 30 institutions in New York State housed 100 , 000 inmates , however , after World War II , care became a local matter with each local community providing services . Mrs . Grigorov stated that Dr . DeLuca spoke of new drugs controlling unacceptable behavior leading to deinstitutionalizing , so that inmates are down to 20 , 000 in big institutions now , and 3 / 4 of these are elderly . Mrs . Grigorov stated that Dr . DeLuca had noted that Willard is one of the best in the State for medical care of the aged . Mrs . Grigorov stated that Dr . DeLuca had indicated that the Federal and State governments pay for 820 of the bill which , in 1985 , will be $ 5M . Mrs . Grigorov reported that Dr . Moen had spoken on controlling the deer population in Tompkins County and explained that a deer is a suburban animal , not a wilderness creature like wolves and caribou . She noted that a deer is the size of a human and the requirements of a herd are staggering . She stated that deer are large animals that become reproductively mature in one year and eat 4 - 6 pounds of food a day . Mrs . Grigorov stated that deer are selective in their eating habits ; they do not graze , they take buds , flowers , twigs and , thus , change the composition of future forests . Mrs . Grigorov stated that Dr . Moen reported that deer can kill a whole orchard of apple trees by eating twigs , and , that the only control is hunting since there are no longer any predators , and hunting is inadequate as it stands presently . Mrs . Grigorov noted that in order to affect the size of herds , does must be taken , however , there are fewer hunters nowadays and urban children are less likely to take up hunting . Mrs . Grigorov reported that many a hillside of trillium has been obliterated because the deer eat the flowers . Chairman May suggested that the information received through Dr . Moen ' s talk should be given to Mr . Lovi for his use with regard to Six Mile Creek discussions . Chairman May thanked Mrs . Grigorov for her report . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A TWO - LOT SUBDIVISION AT 1526 SLATERVILLE RD . , TAX PARCEL NUMBER 6 - 56 - 3 - 6 , 1 . 16 ACRES . PETER A . STACE , OWNER / DEVELOPER . • Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 55 p . m . and read aloud from the Notice of Public Hearings as published and as noted above . The Board members each had Planning Board 5 July 3 , 1984 • before him/ her a copy of the completed EAF Short Form , Survey Map prepared by Howard R . Schlieder , dated May 10 , 1982 , indicating the proposed lot line dividing the property , Mr . Lovi ' s recommendation with respect to the review under SEQRA , and a proposed resolution in the matter of the proposed subdivision prepared by Mr . Lovi for the Board ' s consideration . Mr . Stace appeared before the Board and stated that his is a piece of property which includes two building lots both of which meet the size requirements of the zoning ordinance . Mr . Stace stated that there is parking for the one " new " lot and the other " new " lot will be separated from the original parcel such that his home will remain as located on the one " new " lot . It was noted that Mr . Stace ' s property is approximately 225 ' x 2851 . Chairman May noted that Mr . and Mrs . Sapp were present and asked if they wished to speak to the matter of the subdivision of Mr . Stace ' s property . Neither Mr . nor Mrs . Sapp wished to speak to the matter before the Board . Chairman May asked Mr . Lovi if there were any problems from the engineering aspect , adding that he assumed Mr . Lovi had discussed this minor subdivision with Mr . Fabbroni . Mr . Lovi responded that there were no problems of any substance , commenting that the addition of another driveway is not expected to create any problems . • Mrs . Grigorov asked how close the Stace property is to Pine Tree Road . Mr . Stace replied that it is approximately 1 , 2461 , as indicated on the Survey . Mr . Stanton stated that he did not see any problems with the proposal . Mr . Klein wanted to make sure that public water and sewer were available and he was informed that they are . Chairman May asked that the Board turn to the matter of the SEQR review and noted that Mr . Stace had completed a Short EAF , with all questions answered " no " , and the proposal had been reviewed by Mr . Lovi , the Town Planner , under date of June 22 , 1984 , who stated that this minor subdivision will not present any significant impacts and recommended a negative declaration of environmental significance . Chairman May asked for Board comment ; there was none . Chairman May asked for public comment ; there was none . MOTION by Mr . Bernard Stanton , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board , acting as lead agency in the environmental review of the proposed 2 - lot subdivision development at 1526 Slaterville Road , Town of Ithaca Tax Parcel No . 6 - 56 - 3 - 6 , approximately 1 . 16 acres , approve and hereby does approve the Environmental Assessment Short Form as completed , and FURTHER RESOLVED , that , pursuant to Town of Ithaca Local Law # 3 - 1980 , this action is classified as Unlisted , and Planning Board 6 July 31 1984 • FURTHER RESOLVED , that the Town of Ithaca Planning Board has determined from the Environmental Assessment Short 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 , Stanton , Baker , Langhans , Klein , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Chairman May asked again if anyone wished to speak to the matter of the Stace Subdivision request . No one spoke . Chairman May declared the Public Hearing closed at 8 : 00 p . m . MOTION by Mr . David Klein , seconded by Mrs . Carolyn Grigorov : RESOLVED , that concerning the proposal of Peter A . Stace to subdivide his lands at 1526 Slaterville Road , Town of Ithaca Tax Parcel No . 6 - 56 - 3 - 6 , approximately 1 . 16 acres , the Planning Board make and hereby does make the following determinations , and approvals : 1 . The developer has completed an Environmental Assessment Short Form , as required by Local Law # 3 - 1980 . The Planning Board has • reviewed this form , determined the proposal to be an Unlisted Action , and made a negative declaration of environmental significance at Public Hearing on July 3 , 1984 . 2 . The developer has presented a preliminary subdivision plan in a form acceptable to the Town Engineer showing the location of lot lines , and other structures of interest to the Planning Board . This plan has been reviewed at a properly posted and published Public Hearing on July 3 , 1984 . 3 . No further subdivision of these lands shall be permitted and a notice to this effect shall be placed by the subdivider in all deeds to this property and shall also be placed on the final subdivision plan to be filed in the Office of the County Clerk . 4 . The Planning Board grant and hereby does grant preliminary subdivision approval to the subdivision plan as presented July 3 , 1984 . IT IS FURTHER RESOLVED , that the Planning Board waive and hereby does waive final subdivision approval for this project contingent upon the preparation of a final subdivision plan in a form acceptable to the Town Engineer which shall include all notices and provisions required by this Resolution . There being no further discussion , the Chair called for a vote . Aye - May , Stanton , Baker , Langhans , Klein , Grigorov . Piana. ing Board 7 July 3 , 1984 r • Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Stace two - lot subdivision duly closed at 8 : 05 p . m . PUBLIC HEARING . FINAL SITE PLAN REVIEW FOR THE CONVERSION OF 14 TWO - UNIT DWELLING UNITS TO 14 FOUR- UNIT DWELLING UNITS ; TAX PARCELS # 70 - 10 - 3 . 12 - 3 . 25 , SAPSUCKER WOODS ROAD . ROCCO LUCENTE , OWNER / DEVELOPER , Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 06 p . m . and read aloud from the Notice of Public Hearings as published and as noted above . Each Board member had before him/ her a copy of the Final Site Plan as prepared by Robert A . Boehlecke Jr . , Architect , dated June 22 , 1984 , which set forth the details of the proposal , and a copy of a proposed resolution for the Board ' s consideration , prepared by Mr . Lovi . Mr . Lucente was present . Mr . Lovi stated to the Board that the Site Plan before the Board met the requirements for such Plan which he had requested . He stated that he had asked for one sheet showing all various notes and diagrams which had been requested as a result of almost a year of meetings on this matter . Mr . Lovi noted that all 14 lots are shown and the architect has included , as he ( Lovi ) had requested , the defined parking . areas with notations setting forth the use of railroad ties and paving by oil and stone . Mr . Lovi noted that the Plan describes the plant species and the general locations of such species with respect to the landscaping to be done - - all as suggested by the Planning Board . Mr . Lovi noted that the garbage sheds were depicted as to location and type and , in addition , notes indicate how the buildings are to be converted . Mr . Lovi pointed out , also , the notes about the phasing of the project and the general restrictions on the converted apartments . Mr . Lovi commented that these notes will be elaborated upon substantially in the proposed resolution to be discussed by the Town Board , adding that he has been working with Town Attorney Buyoucos with respect to the proposed Town Board resolution , and stating that the proposed resolution does not depart substantially from what this Board ( Planning ) talked about . Mr . Lovi commented that Mr . Boehlecke had done a fine job in meeting all the requests made to him in this matter , and with that , he would recommend this Final Site Plan for the Board ' s approval , it being that the plan is really what the Board has seen before and is merely tied up in one plan for clarity . Chairman May asked if the restrictions are to be placed on the deeds as the buildings are sold . Mr . Lovi stated that this Final Site Plan will probably have words , such as , " See Town Board Resolution of such and such a date . " written on it . Chairman May stated that he recalled there was some discussion about what was going on or may happen with the backlands . Mr . Lovi stated that it was his fault that • notes with respect to the backlands do not appear , adding that he was sure Mr . Boehlecke would have provided that . Mr . Lucente pointed out to the Board that the Town does have on file a general layout of his i • Planning Board 8 July 3 1984 • lands . Mr . Klein asked about what is designated on the site plan as " Future Road " . Mr . Lovi explained that that is a part of the master plan for Mr . Lucente ' s development which the Town has had on file for over twenty years . Mrs . Langhans commented that she recalled there are about 40 or 50 acres back there . Mr . Lucente responded that the acreage is somewhere around that number . Mr . David Allen , 254 Sapsucker Woods Road , spoke at some length with Mr . Lucente about several problems he had with Mr . Lucente . With reference to the proposal before the Board , Mr . Allen asked Mr . Lucente if the driveways were going to be asphalt . Mr . Lucente stated that the driveways will be oil and stone as he had proposed at each meeting . Mr : Allen stated that he would recommend asphalt . Mr . Lucente commented that he has oil and stone in the driveway of his own home . Mr . Allen wanted to know where the garbage sheds are to be located . Mr . Lucente indicated these on the Plan . It was noted that there is one garbage shed for each building with the sheds sized to hold six 20 - gallon garbage cans . Mr . Allen asked what it is that is going to contain these driveways into their units . Mr . Lucente described how the plantings of sufficient size and placement will stop the traffic from going through . Mr . Lovi read aloud from the Plan the notes which describe the plantings . Further discussion ensued between Mr . Allen and Mr . Lucente . Mr . Lucente described the numbers of plantings that he has put in over the years with Mr . Allen pointing out that most of them died , a statement with which Mr . Lucente disagreed . Mr . Allen stated that he objected to oil and stone driveways . . Chairman May asked if there were an other questions Y q ons from those present . There were none . Mr . Stanton commented that he assumed this Plan has been reviewed by the Town Engineer . Mr . Lovi stated that it has , adding that , as the Board is aware , Mr . Fabbroni has excused himself from the discussion of this matter , however , on pure engineering matters he has reviewed the plan . Mr . Stanton noted there has been a drainage problem because the area is flat . Mr . Lovi stated that that had been discussed , however , with the driveways being regraded and improved , that will also be improved . Mr . Lucente spoke about a 3 - 3 � - foot fall from the road to the back of the lots . Mr . Stanton asked that , for the purposes of the record , it be shown that the Town Engineer has looked at this proposal on behalf of the community . Mr . Klein commented that oil and stone would make for faster runoff and somewhat of an improvement over what is mucky presently . Mr . Lucente commented that garbage trucks of 30 tons have come in over this area for years , adding that , now , the garbage will be picked up at the street . Mr . Lovi discussed with Mr . Lucente the matter of the culverts and checking for any damage which may have been caused from the trucks passing over them over the years if there were no concrete abuttments . Chairman May asked that the culverts and / or concrete abuttments be checked for any damage . • Mrs . Langhans commented on the note on the Plan which indicates that four buildings at a time will be converted , asking if they were to Pianning Board 5 July 3 , 1984 be grouped or done randomly . Mr . Lucente stated that he will try to group them but will probably have to skip around a little because of the leases involved and future rentals . Mr . Lucente stated that it depends on where he has the vacant ones to work with , adding that the first year will be a little hard . Mrs . Langhans noted that Mr . Lucente had spoken of renting when it had been her understanding that he was going to sell the buildings . Mr . Lucente stated that that was correct , his intention is to sell , but in the meantime , he will rent . Mr . Lovi described a provision in the proposed resolution which the Town Board will consider which restricts the number of ongoing conversions by permitting no more than four non - completed building permits at one time . Chairman May wondered if he were correct in his thinking that as soon as a building is finished it will be put up for sale . Mr . Lucente stated that that was correct . Mrs . Langhans pointed out that if the building does not sell it will be rented . Chairman May stated that he was having trouble with what Mr . Lucente was saying which seems to be that he will be renting the buildings until the leases run out and then with a building empty it would be converted - - the conversions should be done in groups , however , the converted buildings may be scattered - - in addition , if they are rented they cannot be sold . Mr . Lucente stated that he has to have a group of buildings which are redone in order for them to sell better . Mr . Lovi stated that he and the Town Attorney are working on language to cover this contingency and spoke of owner occupancy provisions which will be incorporated into any resolution put before the Town Board . Mr . Lovi described the following scenario - - a building is completed insofar as the conversion goes , if it is not sold to another owner , Mr . Lucente would not now own a four - unit apartment building , that is , although he would have four separate apartments , he could only rent the building as a two unit structure and , therefore , he could not take full advantage of the conversion and so there is a great incentive on the part of Mr . Lucente to finish the conversion as presented . Mr . Stanton stated that it was his opinion that the matter of the Site Plan is separate from the matters the Planning Board has just been discussing and which are matters that will be addressed by the Town Board . The Board members agreed . MOTION by Mr . Bernard Stanton , seconded by Mrs . Virginia Langhans : RESOLVED , that in the matter of Final Site Plan Approval for the conversion of fourteen ( 14 ) buildings containing two ( 2 ) dwelling units , located at 108 through 230 Sapsucker Woods Road , Town of Ithaca Tax Parcels No . 6 - 70 - 10 - 3 . 12 through 6 - 70 - 10 - 3 . 25 , and comprised of approximately 5 . 8 acres , to fourteen ( 14 ) buildings containing four ( 4 ) dwelling units , as proposed by Mr . Rocco P . Lucente , owner / developer , WHEREAS , Mr . Lucente has prepared a general site plan describing the intent of his proposal , such plan having been extensively reviewed Planning Board 10 July 3 , 1984 M ' r • by the Town of Ithaca Planning Board during the Fall and Winter of 1983 into the Spring and Summer of 1984 , and WHEREAS , all environmental review has been completed in a timely and complete manner , and WHEREAS , upon recommendation of the Planning Board , the Town Board has considered the amendment of the Town of Ithaca Zoning Ordinance in order to permit the development , as proposed , and WHEREAS , the developer has prepared a final site plan which describes the conversion project in sufficient detail and includes all references and notes requested by the Planning Board and the Town Board , THEREFORE , the Town of Ithaca Planning Board grant and hereby does grant Final Site Plan Approval to this project as presented this date , July 3 , 1984 , and as shown on plan entitled " Site Plan - Alterations to Properties of Rocco Lucente , 108 - 230 Sapsucker Woods Road , Town of Ithaca " , dated 6 / 22 / 84 , prepared by K . A . Boehlecke Jr . , Architect , 203 Utica Street , Ithaca , N . Y . , and FURTHER RESOLVED , that the Final Site Plan Approval granted herein be and hereby is subject to the adoption by the Town of Ithaca Town Board of a Local Law which will permit the conversion of said 14 buildings as set forth on said Final Site Plan , Mr . Allen asked if the Board were going to rezone Mr . Lucente ' s land from - its present R15 designation . Mr . Lovi explained the language which will be in the proposed amendment to the Ordinance such that the underlying zoning of the area will remain R15 . There being no further discussion , the Chair called for a vote . Aye - May , Stanton , Baker , Langhans , Klein , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the Public Hearing in the matter of final site plan review with respect to the Lucente property at 108 through 230 Sapsucker Woods Road duly closed at 8 : 34 p . m . ADJOURNMENT Upon Motion , Chairman May declared the July 3 , 1984 meeting of the Town of Ithaca Planning Board duly adjourned at 8 : 35 p . m . Respectfully submitted , • Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .