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HomeMy WebLinkAboutPB Minutes 1992-05-05TOWN OF ITHACA PLANNING BOARD MAY 51 1992 FILEP TOWN ,..;. D. • The Town of Ithaca Planning Board met in regular session on Tuesday, May 5, 1992, in Town Hall, 126 East Seneca Street, Ithaca, New York at 7 :30 p.m. PRESENT: Chairperson Grigorov, Robert Kenerson, Virginia Langhans, Stephen Smith, Herbert Finch, William Lesser, Floyd Forman (Town Planner), Chad Aiken, Dan Walker (Town Engineer), John Barney (Town Attorney). ALSO PRESENT: Richard Courture, Candace Cornell, Dooley Kiefer, Bob Mead, Francis Paolangeli, John Whitcomb, David Klein, Cathy Valentino, Karl Niklas, Dr. & Mrs.. John Lowe, Sombat Thiratrakoolchai, Mr. & Mrs. Lucente, Mark Bristol, Matthew Wall,. Arthur Muka, Steve Bright, Attorney Bowman. Chairperson Grigorov declared the meeting 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 Hearings in Town Hall and the Ithaca Journal on April 27, 1992 and April 30, 1992, respectively, together with the _Secretary'-s Affidavit of Service-by. mail of said discussion, as appropriate, upon the Clerk of the City of Ithaca, upon the Commissioner of Planning, -and upon the applicants and /or agents,-as appropriate on April 28, 19920 Chairperson Grigorov-read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, office of Fire Prevention and Control. AGENDA ITEM. BY THE INTERVIEWING OF CANDIDATES JOINT TOWN BOARD /. PLANNING BOARD.. FOR PLANNING BOARD INTERVIEW- COMMITTEE. VACANCY The Interviewing Committee, consisting of Town Board Members, Catherine Valentino and Karl Niklas and Planning Board- Members, Robert Kenerson and Virginia Langhans, interviewed five candidates for the Planning Board vacancy. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Grigorov asked if there.were any persons present who wished to speak. No one spoke. Chairperson Grigorov closed this part of the meeting. PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 6 -61 -1 -12.1, 11.46 + /- ACRES, LOCATED AT 136 SNYDER HILL ROAD, RESIDENCE DISTRICT R -15, INTO TWO LOTS COMPRISED OF A 10.28 + /- ACRE LOT CONTAINING AN EXISTING TWO - FAMILY RESIDENCE AND A 1.18 + /- ACRE LOT WHEREON A Planning Board 6 May 5, 1992 SINGLE - FAMILY RESIDENCE IS PROPOSED TO BE CONSTRUCTED. DR. AND MRS. JOHN E. LOWE, OWNERS /APPLICANTS. Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. John Lowe addressed the Board and stated that it was his and his wife's intention to build a home on the one plus acre for a retirement home for his wife's father, Mack McAdam. Chairperson Grigorov stated that this was a Public Hearing and asked if there were any further comments. No one spoke. Chairperson closed the Public Hearing and brought the matter back to the Board for discussion. Board member William Lesser asked if there were going to be any variances required from the Zoning Board of Appeals. Town Attorney John Barney stated that there would be no call for a variance for this proposal. There appearing to be -no further discussion, Chairperson Grigorov asked if anyone -were prepared to offer.a motion. 'MOTION--by Herbert Finch, se.conded =by Wi.11i-,am - Lesser: WHEREAS-: 1. This action is the Consideration of Subdivision approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6- 61 -1 -12.1, 11.46 + /- acres, located at 136 Snyder Hill Road, Residence District R -15, into two -(2) lots of 10.28 + /- acres and 1.18 + /- acres in size, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency with respect to the proposed subdivision, and 3. The Planning Board, at a.Public Hearing held on May 5, 1992, had reviewed and accepted as adequate the Short -Environmental. - Assessment Form Part I prepared by the applicant, Parts II and III as completed by the Town planning staff, and a sketch plan entitled "Dr. John E. Lowe", dated April 2, 1992, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed subdivision, as proposed. NOW, THEREFORE, BE IT RESOLVED: Planning. Board 3_ May 5, 1992 That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the above- described action and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the. Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser. Nay - None. The MOTION was declared to be carried unanimously. MOTION by William Lesser, seconded by herbert Finch: WHEREAS: 1. This action is the Consideration of Subdivision approval for the proposed subdivision of Town of Ithaca Tax parcel No. 6- 61 -1 -12.1, 11.46+/000 acres,,-located at 136 Snyder Hill Road, - Residence District R -15, Into -two (2) lots comprised of :approximately _10.2-8 - acres and 1_. 18 acr-_es, and 2. The proposed 10..28 + / -acre parcel has an existing two - family r.es- idence -, and = c-.o.nstructdon of _ _a_ .s_ingle- t-am-ily. -re- s:idenc -e _.i-s proposed for the new 1.18 + /- acre lot, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental. review, has, on 'May 5, 1992, made a negative determination of significance, and 4. The Planning Board, at a Public Hearing held on May 5, 1992, has reviewed the Short Environmental Assessment Form part I prepared by the applicant, parts II and III prepared by the Town planning staff, a sketch plan entitled "Dr. John E. Lowe,11 dated April 2, 1992, and other application materi also NOW, THEREFORE, BE IT RESOLVED: 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as °shown on the Preliminary and.Final.Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose 6f. subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision'of 11.46+/ - acres into two lots of approximately 10 .28 and 1 .18 acres, Planning Board 4 May 5, 1992 respectively, as shown on a sketch plan entitled "Dr. John E. Lowe," dated April 2, '1992, conditioned upon the submission of four (4) copies of a survey map suitable for recording in the Tompkins County Clerk's Office, to be prepared by a licensed surveyor, showing the items noted as being required on the Final Subdivision Checklist, and approval of said survey by the Town Engineer. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser. Nay - None. The MOTION wads declared to be carried unanimously.. Chairperson Grigorov declared the matter of Subdivision Approval for Dr. & Mrs. John E. Lowe duly closed. PUBLIC HEARING:., CONSIDERATION OF FINAL APPROVAL FOR THE _�P_ROPOSED MODIFICATION OF LOT LINES FOR TOWN OF ITHACA TAX PARCELS NO. 6- 44-1-4.43 AND'-4.44, - RE.SIDENCE DISTRICT R -15, TO INCREASE -THE -AREA OF PARCEL NO. 6 -44- -1 -4.43 -BY 1,176 + /- - SQUARE -FEET, AND FURTHER, CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED. - S.UBD.IVI =S:ION OF - PARCEL NO -. _&- AA-- 1- 4_. =43 :INTO -TWO. .-LOTS APPROXIMATELY 15,047 SQUARE FEET ( "LOT - 11 -A") AND 15,150 SQUARE FEET ( "LOT 11 -B ") IN SIZE. PRELIMINARY APPROVAL FOR-=SAID - MODIFICATION OF LOT LINES AND SUBDIVISION WAS GRANTED ON FEBRUARY 18, 1992, WITH CONDITIONS. SOMBAT' THIRATRAKOOLCHAI, OWNER /APPL'ICANT, LAWRENCE P.. FABBRONI, P.E., AGENT. Chairperson Grigorov declared the Public Hearing in the above noted matter duly opened at 7:52 p.m. and read aloud from the Notice of,Public Hearings as posted and published and as noted above. At this time, Board member Robert Kenerson addressed the Board and stated that the Joint Committee who had interviewed the applicants for the position on the Town of Ithaca Planning Board had decided to recommend two names to the Town Board: .Richard Couture and Candace Cornell. Mr. Kenerson made a motion that the Planning Board support the Committee report to recommend two applicants to the Town Board for their decision. The Chair re- opened the Public. Hearing to the Public and asked if anyone wished to speak. Mr. Thiratrakoolchai. addressed the Board and stated that he had received Preliminary Subdivision Approval with three conditions imposed. Chairperson Grigorov stated that this was a public hearing and Planning Board 5 May 5, 1992 asked if anyone wished to speak. No one spoke. Chairperson Grigorov closed the Public Hearing and brought it back to the Board. For the record, five members of the Board visited the site. There appearing to be no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by James Baker. WHEREAS. 1. This action is the Consideration of Final approval for the proposed Modification of Lot Lines for Town of Ithaca Tax Parcels No. 6 -44 -1 -4.43 and -4.44, Residence District R -15, to increase the area of Parcel No. 6 -44 -1 -4.43 by 1,176 +/- square feet, and further, Consideration of Final Subdivision approval for the proposed subdivision of Parcel 6 -44 -1 -4.43 into two lots approximately 15,095 square feet ( "Lot 11 -A") and 15,579 square feet ( "Lot 11 -B") in size, and. 2.. 'This ::is an Unlisted Action for which -the Town of Ithaca Planning _Board, acting as Lead Ag:en-cy in environmental review, has., on February 18, 1:9:92 -made -a negative = determfination of environmental significance, and 3. The-Planning Board, at a Public Hearing held on February 18, 1992, granted Preliminary Approval for said modification and Preliminary Subdivision Approval for said subdivision, subject to the following conditions. a. Compliance with any and-all conditions imposed in connection with the original Paul B. Erdman subdivision plan and any subsequent subdivision of any of the same lots. I - b. Submission of a final subdivision plat drawn by a licensed surveyor showing the precise meets, bounds, and areas of the proposed lots 11 -A, 11 -B, and 12. c. Completion of title transfer to applicant before granting of final approval, and 4. I,The applicant has complied with all of the above conditions, and 5. The Planning Board, at a Public Hearing held on may 5, 19921 has reviewed a final plat entitled "Final Subdivision Plat - Subdivision of Troy -King Heights Lots Planning Board 11 & 12 Into by Lawrence materials; 0 May 5, 1992 Three Lots," dated March 28, 1992, prepared Fabbroni, P.E., L.S., and other application NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Board hereby waives. certain requirements for Final Subdivision Approval, as noted on the Final subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, 2. That the Planning Board hereby grants Final Approval for the proposed Modification of Lot Lines for Town of Ithaca Tax Parcels No. 6 -44 -1 -4.43 and -4.44, Residence District R -15, to increase the area of Parcel 6 -44 -1 -4.43 by 1,176 + /- square feet, and further, Final Subdivision approval to the subdivision of Parcel 6 -44 -1 -4.43 into two lots approximately 15,095 square feet ( "Lot 11 -A") and 15,579 square feet ( "Lot 11 -B") in size. There. appearing to be - no f-urther_di.sscussion, the Chair called for a vote. -Aye - Grigorov, Kenerson,_Langhans, Baker- Smith-,, Finch, Lesser. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Final Approval for Modification of Lot Lines, and Final Subdivision Approval for Two Lots duly closed. At this point, Chairperson Grigorov read aloud from copy of a letter received from Steve Bowman of Citizens Savings Bank regarding Lot #14 on the Chase Farm Subdivision: "My client, Citizens Savings Bank, is selling Lot #14. Lot #14 is subject to a temporary construction interest reserved to Chase Farm Associates in August of 1989 when that partnership deeded the lot to Auble Homes, Inc., the builder of the model home now located on the premises. In March of 1981 Chase Farm Associates deeded the existing easement to the Town of Ithaca; the partnership also granted the Town a temporary easement for ingress and egress for emergency vehicles and construction vehicles over Lot #14 as depicted on the enclosed surveys. That grant is to determine when the roads in: Chase Farm Subdivision, Phase II, is to terminate; when the roads are completed or at such lesser time that the parties or their successors may agree. Putting aside the legal question of whether Chase Farm Associates could give the Town access rights (i.e., access for emergency vehicles) over Lot #14 that they owned in 1991. I want to explore the Town's releasing Planning Board 1 7 May 5, 1992 the easement at this time. Citizens has contracted to the sale of Lot 14 as improved by the dwelling now known as 11 Chase Lane. He has received his mortgage commitment, but his attorney has raised an objection to the title, asserting the easement is a cloud on the title, and rendering the property unmarketable. What steps can we take now to explore the possibility of releasing the easement? I would be happy to meet with the representatives from the Town at the property to confirm that this easement is at best impractical and unrealistic access to the subdivision. Please advise us accordingly ". Board Member Robert Kenerson asked if this was a legal matter. Chairperson Grigorov stated that they want the Board to release them from the easement. Board Member William Lesser stated that the Town Engineer could tell the Board what the consequences would be if the easement were released. Part of its purpose was for a second entrance onto King Road. Chairperson,' Grigorov asked Attorney Barney if the Planning Board or the Town Board is responsible to rescind the easement. :Town - Attorney John Barney.:responde.d -that -both Boards h -ad to agree that it would be in the best interest of the Town b.ecause it was -a subdivision that was - approved by the. P_lanning_Board and the road was approved by the Town-Board, Board member Robert Kenerson stated that he felt that.if the easement was needed then it is probably needed now. PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED RESUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 6- 71 -1 -391 3.0 +/- ACRES, LOCATED AT THE NORTHWEST CORNER OF.THE INTERSECTION OF HANSHAW AND WARREN ROAD, RESIDENCE DISTRICT R -15, INTO FIVE (5) LOTS COMPRISED OF APPROXIMATELY 0.447, 0.539, 0.508, 0.7461 AND 0.758 ACRES, FINAL SUBDIVISION APPROVAL FOR FOUR (4) LOTS WAS GRANTED ON JUNE 18, 19916 LOIS S. FOGELSANGER, OWNER; STEVE LUCENTE, APPLICANT; LAWRENCE FABBRONI P.E., AGENT, Chairperson Grigorov declared the Public Hearing in the above - noted matter to be duly opened at 8:16 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. For the record, all Board Members viewed the site. Steve Lucente addressed the Board and stated that the map that the Board asked him to provide shows the parcel in question as well as the existing four lots. Planning Board 8 May 5, 1992 Chairperson Grigorov stated that this was a public Hearing and asked if anyone from the public wished to speak. Arthur Muka addressed the Board and stated that the corner of Warren. Road, Hanshaw Road and Kay Street, is very congested. Minimizing the amount of traffic coming into that intersection is very important. Board member Virginia Langhans asked .Mr. Muka if he was talking about putting three additional driveways along Warren Road, and whether it would make the traffic situation even worse. Chairperson Grigorov stated that it was actually only one additional driveway. Mr. Muka stated that he thinks that would make the situation even worse and there has already been one death at the intersection of Hanshaw and Warren Roads, Mr. Muka said he is close enough to hear the collisions or the squealing tires. Mr. Lucente lives down the road far enough where he does not hear them most of the time. Mr. Muka added that he is expressing concern for the safety features there. Mr. -Muka stated that Barbara Park who lives at 412 Warren Road -concur-s.:-with what he had -mmentioned. Steve :Bright add-r-e o&ed the Board -and :stated-th -at .he lives -a:t 103 Kay Street, which abuts-the property in discussion. Mr.. Bright was not notified that these was a hearing, -neither were the neighbors residing in the lot behind Mr. Bright. Mr. Bright said -that his neighbors, Mr. Schwartz and Ms. Berry, were unable to attend tonight's meeting and on their behalf presented a letter signed by them to Chairperson Grigorov, which is attached as Exhibit #1. Chairperson Grigorov again stated that this was a Public Hearing and asked if anyone wished to speak. Board member William Lesser asked what Mr. Lucente was going to do for sewer on proposed Lot #5. Mr. Lucente responded that Lots #3 and #4 would service Lots #1 and #5: Chairperson Grigorov stated that she would like a motion to either consider the proposal tonight or adjourn and re- notify the public. Board member Herbert Finch made a motion to consider the proposal tonight, seconded by Chairperson Grigorov, The Chair then called for a vote on the motion to consider the proposal tonight. Aye - Grigorov, Kenerson, Langhans, Smith, Baker, Lesser, Finch. Nay - None. Planning Board 9 May 5, 1992 The MOTION was declared to be carried unanimously. Board member Virginia Langhans stated that because the written notice is a courtesy and not a legal obligation, the Board will continue to consider the proposal tonight. Mr. Lucente stated that he had provided everything that the planning staff asked of him and he would like for the Board to approve the subdivision tonight. Chad Aiken addressed the Board and stated that the planning staff received notice from the County stating that the proposal, as submitted, will have no significant deleterious impact on inter,,, community, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning. Department, and the Planning Board is free to act without prejudice. Chairperson Grigorov stated that this was a Public Hearing and asked if anyone else wished to speak. No one spoke. MOTION by Robert Kenerson., seconded-by Virginia Langhans. WHEREAS. 1. This- action is the Consideration of Subdivision Approval .for the proposed resubdivision of Town of Ithaca Tax Parcel No. 6- 71-1-39, 3.0 +/ acres, located at the northwest corner of the intersection of Hanshaw and Warren Roads, Residence District R -15, into five (5) lots comprised of approximately 0.539 acres, 0.447 acres, 0.508 acres, 0.746 acres, and 0:758 acres in size, and. 2. Final Subdivision Approval had been granted for four (4) lots on June 18, 1991, and 3. This is an Unlisted Action for which the- Town. of- Ithaca Planning .Board is legislatively determined to act as Lead Agency with respect to the proposed subdivision plat, and 4. The Planning Board, at a Public Hearing held on May 5, 1992 has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, Parts II and III as completed by the Town planning staff, and a preliminary subdivision plat entitled "Subdivision Plat - Subdivision of Lands of Lois S. Fogelsanger," dated April 14, 1992, prepared by Lawrence Fabbroni, P.E., L.S., and other application materials, and. 5. The Town planning staff has recommended a negative determination of environmental significance with respect to proposed resubdivision of 3.0 +/- acres into five lots, as Planning Board. 10 May 5, 1992 proposed, NOW, THEREFORE, BE IT RESOLVED. That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above - described action and, therefore, an Environmental Impact Statement will not be required. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch,. Lesser. Nay - None. The MOTION was declared to be carried unanimously. There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to offer a. motion. MOTION by- Stephen Smith, seconded by James Baker. WHEREAS: 10 This =action .is the Consideration of Subdivrsi.on Approval for the proposed xesubdivision -of Town of Ithaca Tax Parcel -No'. 6- 71 -1 =39, 3.0 +/- -acres, located by the northwest corner of the intersection of Hanshaw and Warren Roads, Residence District R -15, into five (5) lots comprised of approximately 0.539 acres, 0.447 acres, 0.508 acres, 0.746 acres, and 0.758 acres, and 2. Final Subdivision Approval has been granted for four (4) lots on June 18, 1991, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on May 5, 1992 made a negative- determination of significance, and 4. The Planning Board, at a Public Hearing held on May 5, 1992, has reviewed the Short Environmental Assessment.Form Part I .prepared by the applicant, Parts II and III prepared by the. Town planning staff, a proposed subdivision plat entitled "Subdivision Plat - Subdivision of Lands of Lois S. Fogelsanger," dated April 14, 1992, prepared by Lawrence Fabbroni, P.E., L.S., and other application materials; NOW, THEREFORE, BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives certain Planning Board 11 May 5, 1992 requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed resubdivision of 3.0 +/- acres, 0.447 acres, 0.508 acres, 0.746 acres, and 0.758 acres in size, as shown on the plat entitled "Subdivision Plat - Subdivision Plat of Lois S. Fogelsanger," dated April 14, 1992, prepared by Lawrence Fabbroni, P.E., L.S., subject to the following conditions. a. Submission of four (4) full -size prints of the subdivision, showing the items noted as being required on the Subdivision Checklist, and b. The portion of removed" shall "House #402" be -removed shown prior on the to the plat as "to be issuance of a building permit-on-Lot-3-or sale of _Lot 3, =and c. Submission of a letter from -the owner authorizing said .sub:divi- s.-i.on., -and d. Submission of -a letter from the applicant, in recordable form, stating that it is .understood by him that granting a subdivision approval by the Planning Board.in no way guarantees access to public sewer service for any-of the lots; and approval of said.letter to be recorded in the Tompkins County Clerk's office simultaneously with the filing of the subdivision map, and e. Notation on the subdivision map of the lack.of a public sewer facility, and f. If it is later determined that one or more of the lots shall require on -site septic systems, no further lots shall be sold, or otherwise transferred without further review by this Board of the proposals for provision of on -site systems. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans., Smith, Baker, Finch, Lesser. Nay - None. The MOTION was declared to be carried unanimously. AGENDA ITEM. REPORT OF THE TOWN PLANNER. Planning Board 12 May 5, 1992 Town Planner Floyd Forman addressed the Board and stated that there would be a public information meeting regarding Chapter 3 of the Comprehensive Plan on May 28, 1992 at 7:30 p.m. at the NCR Cafeteria. Chapter 3 will be available within a couple of days and the Board will be given.a. copy of it. Chapter 3 will spell out the Goals and Objectives and recommendations of the Plan. Mr. Forman urged all of the Board Members to attend the next Planning Board meeting because Cornell would be delivering the GEIS. John Novarr is proposing to put in 20,000 to 25,000 square feet of retail on a portion of the NCR site. Mr. Forman offered that the idea of retailing the location may cause some controversy. Board member William Lesser asked what establishments have been discussed for the site. Town Planner Floyd Forman responded, a Convenient Store, a copy store, and a dry cleaning place that would be a drop -off and pick -up point, not an actual.dry cleaning store. Board member Robert Kenerson asked if there would be a single access. Town - PIanner.- Floyd -Formano_re7sp:on-ded- t-h-at ther-.e would be :a _new access -way. The safety issue was the-main concern from-the start of the _proj -ect -. :Mr. Forman - stated that :Mr. Novarr had mentioned the possibility of using a portion of the 25,000 .square feet for of-fice space. Board Member Robert Kenerson asked about ownership of the building. Mr. Forman responded that he did not know if Mr. Novarr had formal ownership of it, or if he had just signed an agreement with NCR. Town Attorney John Barney stated that if NCR is the owner, then they need to join in the application for approval. PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF 41280 + /- SQUARE FEET FROM THE TOWN OF ITHACA TAX PARCEL NO. 6 -44 -1- 4.3211 FOR CONSOLIDATION WITH•TOWN OF ITHACA TAX PARCEL NO, 6 -44 -1 -4.35, 0.51 + /- ACRES, LOCATED AT 200 E. KING ROAD, MULTIPLE RESIDENCE DISTRICT AND RESIDENCE DISTRICT R -15, RESPECTIVELY. WILLIAM MANOS, OWNER; MARK BRISTOL, APPLICANT. Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 9:00 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Town Attorney Floyd Forman addressed the Board and stated that- Planning Board 13 May 5, 1992 the next two items on the agenda are part of the same process. For the record all of the Board members viewed the site. Town Planner Floyd Forman stated that Mr. Bristol is purchasing the property from Mr. Manos. They are exchanging 2,400 square feet of space between Mr. Hulbert and Mr. Bristol. MOTION by Herbert Finch, seconded by Robert Kenerson: WHEREAS. 10 This action is the Consideration of Subdivision Approval for the proposed subdivision of 4,280 + /- square feet from Town of Ithaca Tax Parcel No. 6 -44 -1- 4.312., 2.71 acres total, located on East King Road, Multiple Residence District, for consolidation with Town of Ithaca Tax Parcel No. 6 -44 -1 -4.35, 0.51 + /- acres, located at 200 East King Road, Residence District R -15, and 2. This is an Unlisted. Action for which the town of Ithaca Planning Board has been legislatively determined to act as Lead .Agency in env=ironmental review, and 3* The P:1 ann nng ',B:oard, -at :a - PubIiLc -He:ar_ing hel=d _on May 5, 19-92, has reviewed and accepted as adequate the Short Environmental -Asse.s.sment Form "P -art .I -prepared by the -applicant-, Parts II and III prepared by the Town planning staff, a survey map entitled "No. 200 King Road East ", dated February 28, 1992, prepared by Clarence Brashear Jr., P.L.S., and 4. The Town planning staff has recommended a negative determination of environmental significance for the proposed subdivision and consolidation,'as proposed, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above - described action and, therefore, an Environmental Impact Statement will not be required. .There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser. Nay - None. The MOTION was declared to be carried unanimously. MOTION by William Lesser, seconded by Herbert Finch. Planning Board 14 May 5, 1992 WHEREAS. 1. This action is the Consideration of Subdivision Approval for a proposed subdivision of 4,280 + /- square feet from Town of Ithaca Tax Parcel No. 6 -44 -1- 4.312, 2.71 + /- acres total, located on East King Road, Multiple Residence District, for consolidation with Town of Ithaca Tax Parcel No. 6 -44 -1 -4.35, 0.51 + /- acres, located at 200 East King Road, Residence District R -15, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on May 5, 1992, made a negative determination of significance, and 3. The Planning Board, at a Public Hearing Held on May 5,.1992, has reviewed the Short Environmental Assessment Form prepared by the applicant, Parts II and III prepared by the Town planning staff, a survey entitled "No. 200 King Road East," dated February 28, 1992, prepared by Clarence Brashear Jr., P..L.S.-, .and other -.application materia s, and NOW, THEREFORE, BE IT RESOLVED: in That-the Town of _Ithaca .Pl-anning Board-hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the propose of subdivision control nor the policies enunciated or implied by the Town Board, 29 That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision and consolidation of 4,280 + /- square feet as proposed and as shown on a survey entitled "No. 200 King Road East," dated February 28, 1992, prepared by Clarence Brashear Jr., P.L.S., conditioned upon. a. Submission of four (4) full -size prints of the final subdivision plat showing both lots and other items noted . as being required on the Final Subdivision Checklist. b. That the parcel so subdivided be transferred to the owner of Town of Ithaca Tax Parcel No. 6 -44 -1 -4.35, and shall thereafter be consolidated with said parcel.. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, "Smith, Finch, Lesser. 1 Planning Board Nay - None. 15 May 5, 1992 The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Subdivision Approval with respect to Mark Bristol /William Manos duly closed. PUBLIC HEARING. CONSIDERATION OF MODIFICATION OF FINAL SUBDIVISION APPROVAL FOR PHASE III OF THE "DEER RUN" CLUSTERED SUBDIVISION WHICH RECEIVED FINAL SUBDIVISION APPROVAL ON OCTOBER 3 1989, WITH RESPECT TO: 1) THE PROPOSED SUBDIVISION OF 2,400+/ - SQUARE FEET FROM TOWN OF ITHACA TAX PARCEL NO. 6 -44 -1- 4.321 FOR CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL NO. 6 -44 -1 -4.35, 0.51 + /- ACRES, LOCATED AT 200 EAST KING ROAD, RESIDENCE DISTRICT R- 15; 2) THE PROPOSED SUBDIVISION OF 1,125 + /- SQUARE FEET FROM TOWN OF ITHACA TAX PARCEL NO. 6 -44 -1 -4.32 FOR CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL NO. 6- 44 -1 °97, LOCATED.ON THE WESTERN SIDE OF WHITETAIL DRIVE, APPROXIMATELY 200 FEET NORTH OF EAST KING ROAD, RESIDENCE DISTRICT R -15, AND 3) THE PROPOSED SUBDIVISION OF 2;400 + /- SQUARE FEET FROM TOWN OF ITHACA TAX PARCEL NO. 6 -44 -1- 122.2 FOR CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL NO. 6 -44 -1� _125, LOCATED BACKLOT OF 150 -156 TROY ROAD, RESIDENCE DISTRICT R -15. DEER RUN INVESTORS, L.-P., OWNER; ._MARK BRISTOL_, APPLICANT, Chairperson Grigorov declared the Public Hearing-in the above noted matter duly opened and read aloud-from the Notice of Public- Hearings as posted and published and as noted above. There appearing to be no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Virginia Langhans, seconded by James Baker. WHEREAS. 1. This action is the Consideration of Modification for Final Subdivision Approval for Phase III of the "Deer Run" clustered subdivision which received Final Subdivision Approval on October 3, 1989, with respect to: 1) the proposed subdivision of 2,,400+/-- square feet from the Town of Ithaca Tax Parcel No. 6 -44 -1 -4.32 for consolidation with Town of Ithaca Tax Parcel No. 6 -44 -1- 4..35, 0.51 + / acres, located at 200 E. King Road, Residence District R -15; 2) the proposed subdivision of 1,125 + /- square feet from Town of Ithaca Tax Parcel. No. 6 -44- 1 -4.32 for consolidation with Town of Ithaca Tax Parcel No. 6 44 -1 -97, located on the western side of Whitetail Drive, approximately 200 feet north of East King Road, Residence District R -15, and 3) the proposed subdivision of 2,400+/ - square feet from the Town of Ithaca Tax Parcel No. 6 -44 -1 122.2 for consolidation with Town of Ithaca Tax Parcel No. 6- 44 -1 -125, located backlot of 150 -156 Troy Road, Residence District R -15, and. Planning Board 16 May 5, 1992. 2. This is an Unlisted Action for which' the Town of Ithaca Planning Board has been legislatively determined to act as Lead Agency in environmental review, and. 39 The Planning Board, at a Public Hearing held on May 5, 1992, has reviewed and accepted as adequate the Short Environmental Assessment Form part I prepared by the applicant, Parts II and III prepared by the Town planning staff, a final plat entitled "Deer Run Subdivision: Phase IIIA & Teton Court," dated October 3, 1989, revised October 23, 1989, prepared by Hallberg Associates, and 4. The Town planning staff has recommended a negative determination of environmental significance for modifications to the Deer Run Phase III Final Subdivision Plat, as proposed, NOW, THEREFORE, BE IT RESOLVED. That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above - described action and, therefore,.an Environmental;Impact Statement will not be required.. There appearing to be no -further discussi-on,-the Chair called .for -a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser. Nay - None. The MOTION was declared to be carried unanimously. There appearing to be no discussion, the Chair asked if anyone were prepared to offer a motion.. MOTION by James Baker, seconded by Virginia Langhans. WHEREAS: 19 This action if the Consideration of Modification of Final Subdivision Approval for Phase III of the "Deer Run" clustered subdivision which received Final Subdivision Approval on October 3, 1989, with respect to: 1) the proposed subdivision of 2,400 + /- square feet from the Town of Ithaca Tax. Parcel No. 6 -44 -1 -4.32 for consolidation with Town of Ithaca Tax Parcel No. 6 -44 -1 4.35, 0.51 + /- acres, located at 200 E. King Road, Residence District R -15; 2) the proposed subdivision of 1,125 + /- square feet from Town of, Ithaca Tax Parcel No. 6-44 - 1 -4.32 for consolidation with Town of Ithaca Tax Parcel No. 6- 44 -1 -97, located on the western side of Whitetail .Drive, approximately 200 feet north of East King Road, Residence District R -15, and 3) the proposed subdivision of 2;400 + / Planning Board 17 May- 5, 1992 square feet from the Town of Ithaca Tax Parcel No. 6 -44 -1- 122.2 for consolidation with Town of Ithaca Tax Parcel. No. 6- 44 -1 -125, located backlot of 150 -156 Troy Road, Residence District R -15, and 2. This is an unlisted Action for which the Town of Ithaca Planning. Board, acting as Lead Agency in environmental review, has, on May 5, 1992, made a negative determination of significance, and 3. The Planning Board, at a Public Hearing held on May 5,1992, has reviewed the Short Environmental Assessment Form prepared by the applicant, Parts II and III prepared by the Town planning staff, a plat entitled "Deer Run Subdivision. Phase IIIA & Teton Court," dated October 3, 1989, revised October 23, 1989, prepared by Hallberg Associates, and other application materials, and 4. The 2,400 + /- square -foot portion of Town of Ithaca Tax Parcel No. 6 -44 -1 -4.32 was originally to be dedicated as.part of a future recreation path, therefore the subdivision and consolidation of this piece of land will require approval by -the-Town Board, and 5. The 2,400 + /- square -foot portion of -No. 6- 44-:1- 122_.2 As being offered Investors, L. P. to the Town of exchange for the. conveyance of described in number 4 above, and require approval by the Town Board; NOW, THEREFORE, BE IT RESOLVED: Town-of Ithaca Tax Parcel .by the owner. ( Deer Run Ithaca for park land _in the equivalent -size area said exchange will also 10 That the Town of Ithaca Planning Board hereby waived certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final. Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision and control nor the policies enunciated or implied by the Town Board,.and 2. That the Planning Board hereby grants Approval for the Modification of Final Subdivision Approval for Phase III of the "Deer Run" clustered subdivision, as shown on a final.plat entitled "Deer Run Subdivision: Phase IIIA & Teton Court," dated October 3, 1989,.revised October 23, 1989, prepared by Hallbert Associates, with respect to. a. the proposed subdivision of 2,400 + /- square 'feet . from Town of Ithaca Tax Parcel No. 6 -44 -1 -4:35, 0.51 + /- acres, located at 200 East.King Road, Residence District R -15, and Planning Board 3 FW =3 May 5., 1992 b. the proposed subdivision of 1,125 + /- square feet from Town of Ithaca Tax Parcel No. 6 -44 -1 -4.32 for consolidation with Town of Ithaca Tax Parcel No. 6 -44 -1- 97, located on the western side of Whitetail Drive, approximately 200 feet north of East King Road, Residence District R -15, and ce the proposed subdivision of 2,400 + /- square feet from Town of. Ithaca Tax Parcel No. 6 -44 -1 -122.2 for consolidation with Town of Ithaca Tax Parcel No. 6 -44 -1- 125, located backlot of 150 -156 Troy Road, Residence District R -15, and This approval is conditioned upon the following. 6 a. submission of four (4) subdivision plat showing Subdivision Checklist and Town Engineer, and copies of a revised final the items noted on the Final approval of said plat by the b* approval of the proposed transfer of Town park land, as described above, by the Town Board, and c_. -that. .the : parc -dls :so ...subdi.vi.ded shall be -trans.ferred -to the respective owners of the parcels described in.2a,.b, And -c, above. 'and. shall --th-ereafter be .- cons.o.lidated _wi.th said parcels, and d. approval by the Town Board of the proposed transfer of the 1,125 square foot parcel, and 4. If the 1,125 square foot parcel has heretofore been conveyed to the Town as part of the road, this approval shall be limited to the subdivision of the 2,400 + /- square foot parcel without prejudice to renewing the application for subdivision of the 1,125 square foot parcel at a later time. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Lesser.. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the Consideration of Modification of Final Subdivision Approval for Phase III of the Deer Run Clustered Subdivision duly closed. PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 6=36 -1 -71 17.1 + /- ACRES, LOCATED AT 1172 DANBY ROAD, RESIDENCE DISTRICT R -30 -, Planning Board 19 May 5, 1992 INTO TWO LOTS COMPRISED OF A .14.7 + /- ACRE LOT -CONTAINING AN EXISTING RESIDENCE AND. 3.0 +/- ACRE LOT WHEREON A SINGLE - FAMILY RESIDENCE IS PROPOSED.. MATTHEW WALL, OWNER /APPLICANT. -in -law to build a single - family residence. a 50 -foot Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. .Matthew Wall addressed the Board stating that his proposed subdivision is to create access to a three acre portion of his property for his sister -in -law to build a single - family residence. Chairperson Grigorov stated for the record that two Board Members viewed the site. Board Member Robert Kenerson asked if there were any wetlands on the property. Mr. Wall responded that there were no wetlands that he knew of . Board - member .Virginia Langhans _ asked-Mr.. Wall .if he would be giving _his :family the land or selling it to them. =Mr.. _:Wald - responded 'th°at he -would -be . giving it Ito -them.. Town Attorney °John Barney asked Mr. Wall if there was -a- reason why proposed the 40 Ithaca Tax Parcel No. 6- 36 -1 -foot lane could not be extended into Danby Road,. Residence. a 50 -foot lane. Mr. Wall responded that he felt the minimum required was 40 feet. Attorney Barney stated that, at some time in the future someone may choose to put a Town road to the.back lot, and in order to do that the lane must be 50 feet. .Mr. Wall stated.that he would like to restrict use of that property now as well as in the future. Mr. Wall stated that he would be willing to use whatever width the Board thought would-be appropriate. Mr. Wall stated that he could change the 40 -foot lane to a 50 -foot lane if that would please the Board. There.appearing to be no further discussion, the Chair asked if anyone were prepared to make a motion. MOTION by William Lesser, WHEREAS. 0 seconded by Robert Kenerson. 16. This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6- 36 -1 -7, 17.1 + /- acres, located at 1172 Danby Road,. Residence. Planning Board 20 May 5, 1992 District R -30, into two (2) lots acres in size, and approximately 14.1 and 3.0 2. The proposed 14.1 + / acre lot contains an existing residence and construction of a single - family residence is proposed for the new 3.0 +/- acre lot, and 3. This is an Unlisted Action for which the Town of Ithaca .Planning Board is legislatively determined to act as lead Agency-with respect to the proposed subdivision plat, and 4. The Planning Board, at a Public Hearing held on May 5, 1992, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, Parts II and III as completed by the Town planning staff, and a sketch plan entitled "Preliminary Plat - Matthew Hall," dated April 20, 1992, and other application materials, and 5. The Town planning staff has recommended a negative determination of environmental significance with respect to the subdivision of 17.1 acres, as proposed; NOW, THEREFORE, BE "IT RESOLVED. That -the. -Town -of Ithac,a.- P.l-anning Board. hereby makes .a negative determination-of environmental significance in accordance with the New York ._State Environmental Quality Review Act- -for the _above - described action and, therefore, an Environmental Impact Statement will not be required. There appearing to be no further discus sion, "•the Chair called for a vote. Aye - Grigorov, .Kenerson, Langhans, Baker, Smith, Finch,. Lesser. Nay - None. The MOTION was declared-to be carried unanimously.. There appearing to be no further discussion, the Chair asked if anyone were prepared to-,offer of Ithaca Tax Parcel No. 6- a motion. MOTION by Robert Kenerson, seconded by William Lesser, WHEREAS. 16 This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6- 36 -1 -71 17.1 + /= acres, located at 1172 Danby Road,. Residence District R-30i into two (2) lots approximately 1.4.1 and 3.0 acres in size, and 2. The proposed 14.1 + /- acre lot contains an existing residence Planning Board 21 May 5, 1992 and construction of a single - family residence is proposed for the new 3.0 +/4EM acre lot, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as lead Agency with respect to the proposed subdivision plat, and 49 The Planning Board, at a Public Hearing held on May 5, 1992, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, Parts II and III as completed by the Town planning staff, and a sketch plan entitled "Preliminary Plat - Matthew Hall," dated April 20, 1992, and other application materials, and 50 The Town planning staff has recommended that due to the location of the proposed 3.0 acre lot where access is limited to a narrow (40 -foot) strip of land, the Planning Board give consideration to limiting further subdivision of this lot; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town'of Ithaca Planning Board hereby-waives certain requirements fo.r- Preliminary and Final subdivision Approval, as shown on the-Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 29 That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of 17.1 acres into two lots of approximately 14.1 and 3.0 acres, as shown on a sketch plan entitled "Preliminary Plat - Matthew Wall," dated April 20, 1992, conditioned upon the following. 0 a. submission of four (4) full -size copies of a subdivision plat, to be prepared by a licensed surveyor, showing the proposed location of the residence, driveway, and other items noted as being required on the Final Subdivision Checklist, and also showing the width at the, maximum setback of the lot to be 150 feet, and also widening the 40 -foot strip of land to 50 feet over its entire length, and approval of said.plat by the Town Engineer, and be that no further subdivision of the proposed 3.0 +/- acre parcel be permitted until a Town road is provided to such. parcel and a declaration of such limitation in form satisfactory to the Town Attorney be recorded in the Tompkins County Clerk's Office concurrently with the filing of the subdivision map, and co approval of any proposed well for water supply and /or I 1 Planning Board 22 May 5, 1992 individual septic system for sewage disposal. by the County Department of Health. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith,, Finch, Lesser. Nay - None. The MOTION was declared to be carried unanimously. OTHER BUSINESS Stephen Bowman,, representing Citizens Savings Bank., addressed the Board and statrf that the bank, had purchased several lots from Chase Farm Properties at a foreclosure sale and has contracted to sell Lot #14 located at 11 Chase Lane, which is a model home. The Buyer has objection''to the easement for construction vehicles being. next to his property. Mr. Bowman, reading.from the Deed, stated "There Is also granted to the grantee a temporary easement for ingress and egress for emergency - vehicles and for construction vehicles of the grantor -over the _property described.-in schedule -B . " Mr.- Bowman further described the temporary access on Schedule Be Mr.. - Bowman, - read aloud -f:rom :th-e :Deed, 'and stated.ahat the temporary easement is to be °.terminated on two events; "temporary easement shall continue - until such time that -the road for -the 4proposed Chase Farms Subdivision Phase II is completed and dedicated which would give the Town other access to the interior of this subdivision from Ridgecrest Road. Or such lesser time that the parties hereto and /or their successors in interest may agree.." The ,property would become more marketable from the buyers point of view and much more saleable from Citizens point of view, if the temporary easement could be terminated. There is a legal question of how Chase Farm Associates could grant the Town an easement for emergency vehicles over the right of ''way when they only reserved right of way for construction vehicles. Mr. Bowman stated that rather than contesting the easement, he wanted to discuss the possibility of the surrender of the Town's rights to the easement. Town Attorney John Barney stated that the Town does not allow a cul de sac of more than 1,000 feet,-and the secondary.easement was a condition before granting subdivision approval to the Chase Farm Subdivision approval because there is a cul de sac that is approaching. 2,000 feet near East King Road which comes in the middle of the road, and the easement gives easy emergency access. Town Attorney Barney suggested that the issue should be investigated further. Mr. Bowman responded that he would investigate the issue further. o Planning Board 23 May 5, 1992 ADJOURNMENT Upon MOTION Chairperson Grigorov declared the May 5, 1992 meeting of the Town of Ithaca Planning Board duly adjourned. Respectfully submitted, Mary S. 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