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HomeMy WebLinkAboutPB Minutes 1992-09-15i . TOWN OF ITHACA PLANNING BOARD SEPTEMBER 15, 1992 0 U AILED TOWN OF ITHACA The Town of Ithaca Planning Board met in regular session on Tuesday, September 15, 1992, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p'.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James Baker, Stephen Smith, Virginia Langhans, Dan Walker (Town Engineer), Floyd Forman (Town Planner), Richard Eiken (Planner), John Barney (Town Attorney). ALSO PRESENT: John Murray, Morris Angell, David Sparrow, B.C. Anderson, Nancy Ostman, Judy Malloy, Bernie Malloy, Ed Hallberg, Peter Newell, Charles Guttman, Esq. Chairperson Grigorov declared the meeting duly opened at 7:38 p.m. and accepted for the record the Clerk's Affidavit of Posting and 'IPublication of the "Notice of Public Hearings in Town Hall and the ,Ithaca Journal on September 4, 1992, and September 10, 1992, ;respectively, together with the Secretary's Affidavit of Service by 'Mail of said Notice upon the various neighbors of each of the ;properties under discussion, as appropriate, upon the Clerk of the City of Ithaca, upon the Tompkins County Commissioner of Planning, °and upon the applicants and /or agents, as appropriate, on September 9, 1992. ki AGENDA ITEM: There ,closed this AGENDA ITEM: PERSONS TO BE HEARD, were no persons persent segment of the meeting. to be heard. Chairperson Grigorov REPORT OF THE TOWN PLANNER. Town Planner Floyd Forman addressed the Planning Board stating that Richard Eiken, Planner I, had passed out the fifth draft of the EPOD legislation. There are not many changes between the fourth draft and the fifth draft.' The other item is that on the 29th of September, there will be a meeting of the Comprehensive Planning Committee on Chapters 4, 5, and 6 at NCR at 7:30 p.m. The EPOD meeting will be held tomorrow night, September 16, 1992 at NCR. Cornell University has been making revisions dealing with the GEIS, but at this time, it is not known what the changes are, hopefully, at the next Planning Board Meeting. Later in the evening, the Planning Board will be receiving information concerning ,'amendments to the Subdivision Regulations. Some of the changes relate to timing, sign laws the Town Board passed, and coordinating Ii 'Planning Board 1lllll`2- September 15, 1992 - liwith the Subdivision Regulations and updating them compared to what is now actually now going on. Road grades have been defined. Ten percent had been suggested for minor roads and eight percent had been "suggested for major roads.. The Planning Board can waive subdivision regulations on road,grades.� Chairperson Grigorov asked Mr. Forman about the developer coming to the Board sooner, 20 days instead of 10 days. Mr. Forman stated it is 20 working days 'or actually 30 days, this can be waived as `well. In the Zoning Regulations it is the Zoning Board of Appeals 'that has to grant variancesl;. `;PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN OF ! ITHACA TOWN BOARD WITH RESPECT TO A PROPOSAL TO REZONE TOWN OF ITHACA ;TAX PARCELS NO. 6- 414.1, -1 -1 THROUGH -37, 23.0 + /- ACRES TOTAL, FROM 'MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R -30 (11.8+/ - ACRES) AND RESIDENCE DISTRICT R -15 (11.2 + /- ACRES). PROPERTY IS THE CHASE POND SITE LOCATED 'ON EAST KING ROAD ACROSS FROM CHASE FARM LANE, MULTIPLE RESIDENCE DIiSTRICT. CITIZENS SAVINGS BANK, OWNER; 'HOSPICARE OF TOMPKINS COUNTY, APPLICANT; PETER NEWELL, ARCHITECT, AGENT. Peter Newell, Architect for Hospicare, addressed the Board ,stating that there is nothing more to add since the last meeting, ,except where the division i''s and how close the property line is and `'Hospicare is basically asking for approval from the Planning Board • and if the members of the Planning Board have any questions they would like to ask concerning the Hospicare project. Chairperson Grigorov noted that this is a Public Hearing and asked if there were anyone who wanted to address the Board concerning the proposal. Ed Hallberg, who owns the Deer Run property northeast and east of the Chase Pond site, addressed the Board concerning a letter he had written for the last Board meeting, fully endorsing the Hospicare project and the people doing the project, and stated that the neighborhood looks forward to seeing Hospicare being a part of their neighborhood and community.'` Mr. Hallberg. stated that he had spoken to Bernie Malloy concerning the sewer line that comes out of Chase Farm, cuts across this property, and becomes "the sewer backlot of White Tail Drive and 'East King Road. The sewer pipe is surrounded by stone and acts like a gutter and with a good rain it has the potential to flood some of the lots in the Chase Pond site. Mr. Hallberg stated he felt that with a couple of water stops, it would help to alleviate the problem and channel the water down White Tail Drive to the storm drains of East King Road and Troy Road, however, these drains will not be able to handle much more water. The water needs to be diverted back toward the creek. ' • Chairperson Grigorov asked Mr. Hallberg if the sewer lines are okay. Mr. Hallberg; responded, yes. Planning Board -3- September 15, 1992 • Chairperson Grigorov noted again that this was a Public Hearing and asked if anyone else present wished to speak. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. U • Richard Eiken, Planner I, of the Town of Ithaca, stated that the Board members should have received a map of the proposed rezoning boundaries. Mr. Eiken stated that there will be a small multiple residence area which is directly east of the other site, which is about 2.7 acres [Sketch Plan Showing Proposed Zone Change attached hereto as Exhibit #11. Virginia Langhans asked Mr. Eiken what can be put on 2.7 acres zoned multiple residence. Mr. Eiken stated that a small neighborhood apartment complex, 20 units reasonably, could be built. Mr. Robert Kenerson stated that Bill Manos owns this property and it is up to Mr. Manos if he wants to change his usage and put it in R -30 or R -15. Ms. Langhans asked if Bill Manos had been notified. Floyd Forman,:: Town Planner, stated he did not call Mr. Manos. If the Planning Board decided that that is what they want to do, the other portion will be R -15, and Mr. Manos will be contacted. Mr. Forman's only concern, from the Town - Planner's perspective, the reason Mr. Manos was not contacted, was that Mr. Forman and Town Attorney John Barney did not want to slow up Hospicare. Stephen Smith asked if it resolution. Town Attorney John ,Barney Manos, if the direction the Board Mr. Manos should be provided an Board and the Planning Board. were possible to put it in a stated that, in all fairness to Mr. wants to go is for R -15 and R -30, opportunity to come before the Town Chairperson Grigorov asked the Board if anyone else had any more questions or comments about this before being moved. John Barney, Town Attorney, stated that he was still having a little problem with the boundary of R -15 and R -30. Mr. Barney stated that Lot 5 seemed like they were trying to move the pedestrian path a little bit from the pond and the best way to do that was to have it bend, instead of to the north, more to the east as it comes off Lot 4. Peter Newell stated that Hospicare was thinking of putting in a low stone wall which would be very thick with high brush behind it so there would be literally.no way to get to the pond. The stone wall would come up about two feet and would be something nice to sit on and behind that would be a mound of earth and vegetation. Planning Board -4- Attorney Barney stated to Mr. • what the magic was in creating a 'Attorney Barney stated that Lot understand what the problem would be the friendly user. September 15, 1992 Newell that he did not understand very odd - shaped, elongated lot. 5 looks like a tube and he did not in bending the trail in terms of Mr. Newell stated that if the property owner would be willing to put in a long driveway, the developers would actually like to put "this" house [indicating on map] on the other side of the sewer line and actually get it on the crest of the hill as it goes down. There appearing to be no further discussion or comments from the Board, Chairperson Grigorov asked if anyone were prepared to make a motion. MOTION by James Baker,,seconded by Stephen Smith. WHEREAS. 16 The Town of Ithaca Town Board has received an application to rezone Town of Ithaca Tax Parcels No. 44.1 -1 -1 through 44.1 -1 -37, 23.0 + /- acres total, from Multiple Residence District to Residence District R -15 (11.2 + /- acres) and Residence District R -30 (11.8 + /— acres), located on the Chase Pond site at East King Road across from Chase Farm Lane, Multiple Residence District, and • 2. The Town of Ithaca Town Board on September 8, 1992 referred said application to the Town of Ithaca Planning Board for their recommendations, and 39 The Planning Board, at a Public Hearing held on September 15, 1992, has reviewed the Long Environmental Assessment Form Part I prepared by the applicant, a map entitled "Sketch Map Showing Proposed Zone Change, MR to R -15 and R -30" dated September 15, 1992, proposed Local Law entitled "A Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone Chase Pond Premises on King Road East from Multiple Residence District to Residence Districts R15 and R3011, and other application materials, and 4. The Planning Board finds that the proposed R -15 and R -30 zoning districts would be compatible with adjacent land uses and zoning districts; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board approve the zone change from Multiple Residence District to Residence Districts R -15 and R -30 as described in said proposed Local Law entitled "A Local Law to Amend the Town of Ithaca Zoning Ordinance to Rezone the Former • Chase Pond Premises on King Road East from Multiple Residence District to Residence Districts R15 and R30, and • • Planning Board -5- September 15, 1992 2. That the Planning Board, in making such recommendation to the Town Board, hereby determines the following. a. There is a need for the proposed use in the proposed location. b. The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected. C. The proposed change is in accordance with comprehensive plan of development of the Town. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, L'anghans, Baker, Smith. Nay - None. The MOTION was declared to be carried unanimously. rej Chairperson Grigorov declared the matter of a recommendation to rezone the Chase Pond site located on East King Road from Multiple Residence to Residence Districts R -15 and R-30-duly closed. AGENDA ITEM. SIGN REVIEW (PLANNING RECOMMENDATION TO THE TOWN BOARD). OF ITHACA ZONING CONSIDERATION OF A BOARD OF APPEALS WITH RESPECT TO A PROPOSED BUSINESS IDENTIFICATION SIGN AT JUDD FALLS WINES AND SPIRITS, TOWN OF ITHACA TAX PARCEL NO. LOCATED AT EAST HILL PLAZA, JUDD FALLS AND ELLIS BUSINESS DISTRICT "C ". CORNELL UNIVERSITY, OWNER; APPLICANT. 6 -62 -2- 1.121, HOLLOW ROADS, MORRIS ANGELL, Mr. Morris Angell of 132 Westview Lane Board to petition for an additional sig Plaza. Due to the construction of the new frontage to seven feet. The sign which is approximately six square feet, and hangs so viewed by the public as they drive by. addressed the Planning n at his store at East Hill facade, it limits the sign being proposed is smaller, that both sides can be Mr. Angell stated that with the present sign location and due to the new facade, a number of people have asked if the store had moved to a new location. This has been considered a hardship. The present sign is about 13.5 square feet. The new sign which is a perpendicular sign will provide excellent information for any of the shoppers at the Plaza. The landlord which is Cornell University, agreed to the hanging sign and also stated that none of the other store owners will be granted permission for a hanging sign. Stephen Smith asked Mr. Angell if anyone had thought of a vertical sign on the East wall. Mr. Angell stated no one had thought of a vertical sign. The new sign will be internally lit and is considered a wall sign by Andy Frost, Town Building Inspector /Zoning Enforcement Officer. All signs above the other stores are also lit from within. The signs are set on a timer. Planning Board -6- September 15, 1992 • Mr. John Murray of Sibley Real stating that Mr. John Majeroni of the Cornell University and Mr. Angell h style of the sign and have an agreement Falls Wines and Spirits would be the this type of sign. Estate addressed the Board Real Estate Department of ave agreed on the location and as to the fact that Judd only business allowed to have Mr. Robert Kenerson asked if this was just a verbal agreement, and Mr. Murray and Mr. Angell both stated that there is a written agreement with Cornell. Mr. Murray stated that he would send a copy of this agreement with the Cornell Real Estate Department. Chairperson Grigorov asked if the sign was already made and if so, what were the colors. Mr. Angell stated that the sign has been made and the colors are gray with white lettering. The sign would light up at 6:00 p.m. and go off at 9:00 p.m. given the facade Stephen Smith stated that if Cornell University okays this sign, a then this sign should from this location, be allowed. other issue is that if Attorney Barney stated that under the marquee and awning signs section of the Sign Law, no signs can project or suspend from a canopy, marquee, or awning.. You are also permitted one wall sign, so if it is characterized as a wall sign, then a variance is required to have a second wall sign. • Mr. David Sparrow of 332 Saranac Way, Manager of Judd Falls Wines and Spirits, addressed the Board stating they were directed by the Building Department to refer to the sign as a wall sign and to seek permission to install a second wall sign. Andy Frost, Building Inspector /Zoning Enforcement Officer, indicated that the present Town Sign Law does not consider this type of sign as a wall sign. Mr. Angell asked Attorney Barney if the sign proposal from Cornell University should go to the Zoning Board. Attorney Barney stated the proposal should go to the Planning Department and then it will be incorporated with materials and then it will go to the Town Zoning Enforcement Officer who sets up the agenda for the Board of Zoning Appeals, Floyd Forman, Town Planner, stated that he spoke briefly to Mr. Angell, and a couple of his concerns were that does the Planning Board, given the facade work going on, want to see a sign hanging down from this location, and the other issue is that if Mr. Angell is given approval for this sign, are other businesses going to come in with similar problems. Mr. Angell stated to Mr. Forman that Mr. Murray would deliver a letter to Mr. Forman from Cornell University Real Estate a letter of the agreement with Cornell University and Mr. Angell. [Letter to Floyd Forman concerning approval of sign for Judd Falls Wines and Spirits from John Majeroni of Cornell University Real Estate • Department attached hereto as Exhibit #2]. • • is Planning Board -7- September 15, 1992 There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by Stephen Smith. WHEREAS. 16 The Town of Ithaca Zoning Board of Appeals has received an application for a hanging identification sign at Judd Falls Wines and Spirits in of Ithaca Tax Parcel No. Ellis Hollow Roads, Business the 6 -62 East Hill -2- 1.121, District Plaza Shopping Center, Town located at Judd Falls and "C", and 2. The Board of Appeals, pursuant to the Town's Sign Law, has referred the application for said sign to the Sign Review Board (Planning Board) for its review and recommendations, and 39 The Sign Review Board has reviewed the application for the proposed sign, a photograph of the store, a Short Environmental Assessment Form Part I, and comments from the Planning staff dated September 10, 1992, and 49 The Sign Review Board shares the concerns raised by the Planning Department with regard to possible effects to the character of the newly - renovated Plaza facade and the potential precedent- setting nature of such a sign in the location proposed, but Cornell has indicated there will be no other such signs permitted in the Shopping Plaza; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Sign Review Board hereby recommends that the Zoning Board of Appeals approve the sign as originally proposed, conditioned on the applicant providing a letter satisfactory to the Town Planner to the effect that the landlord (Cornell University) will not permit any other tenants in the Shopping Center to have a hanging sign similar to that proposed by the applicant, and further conditioned on the existing sign on the east facade of the P &C store being removed. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of the for Judd Falls Wines and Spirits duly closed. AGENDA ITEM. DISCUSSION OF PROPOSED AMENDMENTS ITHACA SUBDIVISION REGULATIONS. proposed sign TO THE TOWN OF Planning Board -8- September 15, 1992 • Floyd Forman, Town Planner, addressed the Planning Board stating that the Planning Board will not be taking a vote at this time on the proposed amendments, but he would like some feedback on as many of the items that the Planning Board would like to suggest, things the Planning Board thinks have been missed, things that may have been addressed poorly, etc. Chairperson Grigorov stated that this approach is more current. Chairperson Grigorov also stated that most of the draft looks like it was changed from Engineer to Town Planner. Mr. Forman stated that it was not changed from Engineer to Planner, but what Mr. Forman did was add where and some were changed to how many days the applicant has to come in and where they drop off their completed application, including SEQRA, which was not included in the present subdivision regulations making reference to SEQRA.. Chairperson Grigorov asked Mr. Forman if it was really necessary to need a month. Mr. Forman stated that 20 working days, to get the application at least a month ahead of time so people can be kept on the agenda, make comments ahead of time to them so that they can make revision and stay on the agenda. Let us say that we get something in two weeks ahead of time, by the time we get to it, there really is not any time for those people to make changes if things are not acceptable for them to stay on the Planning Board's agenda, so they end up being dropped from the agenda. • Chairperson Grigorov asked Mr. Forman about deleting setback line. Mr. Forman stated that the setback line is only dealing with the front yard setback, not the side yard or rear yard. Setback is really a zoning issue. When you subdivide land you are not dealing with setback, you are only going to deal with it when that person goes in for a Building Permit and Andy Frost, Building Inspector /Zoning Enforcement Officer, makes sure he has the proper front yard, side yard, and rear yard setback. Mr. Forman stated that many of the proposed amendments were done by Richard Eiken, Planner I. Mr. Forman and Mr. Eiken have gone over the items listed. Dan Walker, Town Engineer, stated that certain checks are under Town Law and Ordinances. Some of the items mentioned in the proposal such as streets and slopes, etc., everything has to be consistent. Mr. Forman stated to the Planning Board that he and Attorney ,john Barney have talked about one of Mr. Eiken's recommended future revisions, #4, Sec. 32, Number of Dwelling Units Permitted, no. 1 [page 5]: "It is unclear from the language of this section whether applicants could conceivably double the density in cluster subdivisions..." Mr. Forman stated that he and Attorney Barney have discussed this and this regulation does not say double, but this needs to be clarified. One other suggestion that Mr. Forman and Attorney Barney had talked about was that approximately twenty • percent of the Town's homes right now have an accessory unit, so that maybe what should be said is that in cluster subdivisions, as a Planning Board -9- September 15, 1992 • density bonus, you can 192. Mr. Forman would thinks this is a useful future times. take what is allowed by law and multiply it by like to incorporate this if the Planning Board idea in what they see coming to them in the Chairperson Grigorov left the issue of Proposed Amendments to Subdivision Regulations toy the Town Departments. [The Proposed Amendments To Subdivison Regulations are attached hereto as Exhibit #3.] AGENDA ITEM: APPROVAL OF MINUTES - August 4, 1992 MOTION by James Baker, seconded by Virginia Langhans RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of August 4, 1992, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Langhans, Smith. Nay - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: REPORT OF THE TOWN PLANNER (CONTINUED) • Mr. Forman stated that he received some materials from the State Building Authority [State University Construction Fund]. The State [Cornell] is planning to build a 200 foot high stack along with re- habing the incinerator from the location near the Vet College not too far from where the vet Tower is now. Mr. Forman drafted back something to the people in Albany and one of the comments that Mr. Forman had was that he would like to see a public information meeting here in Ithaca on the incinerator and especially on a 200 foot high metal stack at that location. Albany accepted a public information session and will be coming to Ithaca. Mr. Forman stated that his thoughts and the Town Supervisor's thoughts are that it also be before the Planning Board and a date and time will be figured out. Numerous questions need to be asked of the State Building Authority [State University Construction Fund] as to what is going on. OTHER BUSINESS Chairperson Grigorov mentioned the New York State Planning Federation Conference being held in Niagara Falls, New York from November 8 through 11, 1992. Mr. Forman stated that people who have not attended the conference should go. ADJOURNMENT • Upon Motion, Chairperson Grigorov declared the September 15, 1992, meeting of the Town of Ithaca Planning Board duly.adjourned. C; 0 0 Planning Board -10- September 15, 1992 Respectfully submitted, Wilma J. Hornback, Recording Secretary, Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. • • O , to 000i Ti * '''O � N O go m.. • r� tD O 0 A • o �I Q Ira o 7o cD cD rte, m yam 10 cn 0 III ti. 0 0 0. N n 0 7 O N • �o O .� �� W 0 0 O • 03� L ,. CL - • • ® . °K t: • .4,y, L 9,'.a - ` Ij IV rn �7 r Y ♦ ��~ i:` % • • 'i :r� . .�.i�f tl X 19 1� ti,Y: .. tw r.• �.� rim. �� `� �7 m •:., f , . � ; . -, L ry. j`�3 - .A� � a• a z .uf. H . • • • •i 0 f "Y .Q •. ,4 • • C�1 c Y . 3 , . y do 0000 cn IIIT It rr L V I • •/ IV Fn • I • \O " A3 •.. Awl • y: a o , \ t \ • / AS CORNELL U N I V E R S I T Y .Finance Division Real Estate Department Mail: Box DH - Real Estate Cornell Business & Technology Park Ithaca, NY 14853 -2801 20 Thornwood Drive, Suite 103 Telephone: 607 254 -4660 Ithaca, New York 14850 Facsimile: 607 255 -9010 u September 22, 1992 2 2 IN TOWN OF ITHACA .0 Floyd Foreman Town of Ithaca 126 E. Seneca Street Ithaca, New York 14850 Dear Floyd: As a condition of Planning Board approval, this letter is to indicate Cornell University's approval of the sign for which Judd Falls Wines & Spirits is seeking a variance. We also wish to state that this request is not a trend. There have been, no requests from other tenants for similar signs and at this time do not foresee the need for any additional marquee or canopy signs. We understand that the Planning Board was very concerned about additional signs of this type. Please be assured that except for an extraordinary need, Cornell would not support the request of other tenants for signs of this nature. We do understand Mr. Angell's need and support his efforts. We appreciate very much the cooperative attitude and fair consideration that you have given to all CI' of our projects at the Plaza. , They will make a difference and make shopping more convenient for the all of the residents of the Town. I am especially grateful for your personal support. Very truly yours, John E. Majeroni JEM /ss cc: J. Murray, Sibley Real Estate M. Angell, Judd Falls Wines A Spirits I EXHIBIT #2 r] L , LJ • • DRAFT FOR DISCUSSION - PROPOSED AMENDMENTS TO SUBDIVISION REGULATIONS WHEREAS, the Subdivision Ithaca Planning Board of the of Ithaca on March 24, 1956, WHEREAS, the Subdivision and Regulations the Town of Ithaca were adopted by the Town of Town of Ithaca on March 24, 1956 and approved by the Town and Regulations u� have been thereafter amended from time to time, WHEREAS, the Subdivision Regulations have not been amended to reflect recently- proposed administrative changes relating to subdivision review and approval; THEREFORE BE IT RESOLVED, that the Town of Ithaca Planning Board hereby adopts the following amendments' to the Subdivision Regulations, and furthermore recommends that the Town of Ithaca Town Board approve same: 11 2. 3. Article I, Section 3; subparagraph 1 is hereby amended as follows: "These regulations shall be enforced by the Building Inspector, Town Engineer, and Town Planner." Article I, Section 3, subparagraph 3 is hereby amended to replace "Until the Planning Board has given final approval of any site plan..." with "Until the Planning Board has given final approval of ,any subdivision plat..." Article I, Section 4, subparagraph 4 is hereby added as follows: "A public notice sign of the pending public hearing, obtainable at the Planning Department, shall be posted on the property to be subdivided in view of a public road not less than 14 days nor more than 30 days prior to the' public hearing at which the subdivision is to be considered." 4. Article I, Section 6, subparagraph 5 is hereby amended as follows: "All documents relating, to the preliminary plat, including the Environmental Assessment Form Part I, shall be presented to the Town Planner at least twenty (20) business days prior'to the Planning Board meeting at which the project`is to be considered. The Town Planner shall record the date when the material is received. The Planning Board shall not be required to hold a public hearing until the Town Planner has received all required information and documents." 50 Article I, Section 7, subparagraph 1 is hereby amended as follows: "...may require for the environmental review procedures including all requirements for the New York State Environmental Quality Review Act (SEQRA) NYCRR Part 617 and Town of Ithaca Local Law #3- 1980,... _......_.. ._; .. .iii.... EXHIBIT 93 l 1 69 Article I, Section 8, subparagraph 2 is hereby amended to replace "Building Inspector" • with "Planning Department." 7. Article I, Section 10, subparagraphs 2, 3 and 4 are hereby renumbered "1, 2 and 3" respectively. 8. Article I, Section 10, subparagraph 2 is hereby amended as follows: "The appeal by an aggrieved person for a review of the determination of the Building Inspector, Town Engineer, or Town Planner as provided for in Section 3.1 of these regulations..." and further, "Such appeal must be filed with the Secretary of the Planning Board at least fourteen (14) days prior to the meeting of the Planning Board at which the appeal shall be heard..." 90 Article II, Section 14, subparagraph 1 is hereby amended as follows: "The subdivider may present a sketch plat and supporting data for purposes of informal review and discussion. Applicants may be required by planning or engineering staff to submit a sketch plat prior to preliminary subdivision review..." 109 Article II, Section 14, subparagraph 1(d) is hereby amended to delete the first "completed ". IL Article II, Section 14, subparagraph 1(e) is hereby added as follows: "A fee in the amount required, as specified by the schedule of subdivision fees." • 120 Article II, Section 15, subparagraph 2 is hereb amended as follows: Y "The subdivider shall submit to' the Town Planner a development review application, a preliminary plat in the form required by Article VI, Section 36, the Town of Ithaca Environmental Assessment Form Part I, and fifteen (15) reduced copies of the improvement plans and other information required by these regulations. All required information must be received by the Planning Department at least twenty (20) business days prior to the Planning Board meeting at which the subdivision will be considered. The applicant shall post a public notice sign on the property at least fourteen (14) and no more than thirty (30) days prior to the public hearing as specified in Section 4, number 4, as amended.'; 140 Article II, Section 15, subparagraph 3 is hereby amended to delete "It is recommended that a sketch plat be submitted to the Town Engineer prior to submission of the preliminary plat, although this is not a legal requirement." 15. Article II, Section 16, subparagraph 1 is hereby amended as follows: "...The subdivider must file with the Board an original and four (4) drawings of the final subdivision plat..." 2 EXHIBIT #3 • 16. Article II > Sectlon,l 16 �sub ara graph 2 is hereby amended as follows: The final plat and improvement plans shall be submitted to the Town Planner at least twenty (20) business days prior to the date of the Planning Board meeting..." 17. Article II, Section 16, subparagraph 3 is hereby amended as follows: "The Planning Board shall, within 45 days from the date of submission of the final plat, approve, modify and approve, approve subject to conditions, or disapprove such plat." 18. Article III, Section 20 is hereby amended as follows: 19. • 20. 21. • a. Add "Collector (Major) Streets" as follows: "Streets smaller than highways designed to carry large volumes of traffic with infrequent traffic controls:" b. Add "Local (Minor) Streets" as follows: "Streets smaller than collector streets designed to carry low volumes of traffic through neighborhoods." c. Delete "Setback" and its definition in its entirety. Article IV, Section 23 subparagraph 13 is hereby added as follows: "The following roads shall have no more than the maximum gradients specified below: Collector (Major) Streets: 8 percent Local (Minor) Streets: 10 percent" :Article IV, Section 23 subparagraph 12 is hereby amended as follows: "Where a ..subdivision . contains or abuts a .thoroughfare designated as having fully controlled access..." Article IV, Section 24, subparagraph 4 is hereby amended to replace "...30,000 square feet" with "...one (1) acre." 22. Article IV, Section 30, subparagraph 1 is hereby amended as follows: "...and improvements shall be made in accordance with an agreement satisfactory to the Town Planner, Town Engineer and Town Attorney. The phasing agreement shall provide for the maintenance of existing roads and utilities." 23 Article V, Section 31, subparagraph 1 is hereby amended to delete "...The Planning Board may not require a subdivider to prepare a cluster plan for lands in a Residence District R -9." 24. Article V, Section 31, subparagraph 4 is hereby amended as follows: "...the Planning Board may approve, modify and approve, approve with conditions, or disapprove the proportions of the project..." 25. Article V, Section 32, subparagraph 5 is hereby amended as follows. 3 EXHIBIT #3 0 "The number of units allowed in any clustered subdivision shall not exceed the • number allowed by the Zoning Ordinance. The Planning Board may allow the subdivider to cluster the permitted number of dwelling units in detached, semi - detached„ attached, or multi-storey structures." 26. Article VI, Section 36 subparagraph 1 is hereby amended to delete "Town Engineer at least ten (10) days" and replace with "Town Planner at least twenty (20) business days." 27. Article VI, Section 37,' subparagraph 1 is hereby amended to delete "Town Engineer at least ten (10) days" and replace with "Town Planner at least twenty (20) business days." tj • 4 EXHIBIT # 3 t 1. Sec. 17, Modifications' of the (Final Plat: This section allows the Town Engineer to approve of minor modifications to the approved final plat, subsequent to its filing in the Office of the County Clerk,. Although this sounds like a practical provision and would remove the need for an ,additional appearance by the applicant, the legality of approving modifications of a filed map is questionable. Also, any changes to an approved plat should be initialed as approved by the Planning Board Chairman. There should also be anew section or subsection entitled "Resubdivision" which would specify that resubdivision of land'follows the same procedures and requirements as subdivision approval. 1. 20 Sec. 23, Highway 'Improvements, no. 3: The last line of this subsection states that "house numbers shall be assigned by the Town Engineer." Is this requirement still applicable? If not, this" should, be deleted. 3. Sec. 23, Highway Improvements: Throughout this section, the term roadway is used interchangeably with street, highway, primary thoroughfare, thoroughfare, and road. Under Subsection 11, the terms used (ramp, cul -de -sac, local streets, highway) result in further confusion. Recommend clarifying the terms used here to reduce inconsistencies. 44 Sec. 32, Number of Dwelling 'Units Permitted, no. 1: It is unclear from the language of this section whether applicants could conceivably double the density in cluster subdivisions (accounting for accessory apts.) and this should be clarified in revised text. One possibility would be to specifically limit the number of "accessory apartments" to 20 percent (or some other figure) of the base number of units allowed. 5. Sec. 35, Restriction of Unrelated Persons: This section currently allows the Planning Board, as a condition of approval, to limit the number of unrelated persons living in any dwelling unit of a clustered subdivision. The reasoning behind this regulation is unclear, particularly as it pertains to clustered, but not conventional subdivisions. 6. Secs. 36 and 37, Preliminary and Final Plat Checklists: I am presently preparing a revised checklist which "includes a more organized and more comprehensive list of 11 items to be included on both preliminary and final plats. Although there are a number of changes recommended for these checklists, it would be possible to consider these at a future time once other revisions to the Subdivision Regulations (contained in this memo) have been made. 70 Sec. 38, Improvement Plans and Related Information: The Town Engineer should review this section for possible'' revisions. • 5 EXHIBIT #3 j t% i` fi tl ='f if The Ithaca JournalThursday, ,Septembervl09921 r S.'!f TOWN OF ITHACA`'.<<ik VLANNING BOARD _ NOTICE =0- 4pIIBLIG ' 44 HEARING °' T. ESDAY;3EP,T toll Sj 99a. B y"" °direction of the Chairman co a Plar nning Boaid,'iNCt' TICE 6 IS HEREBY;GIVEN,that a Public Hearing will be held; bylhe Piarining Board;of ahe`:� Town of Ithaca on Tue'sday;,' September;ti,15, :1992,:; in Town Hall, 126 East Sen'eco Street, `Ithaca; NY, at: a fol lov✓inghme and on =the =fo4' 1735 I M'Consrderatton of•a 'FRecomrriendoiio� i., itie•; %: • eels '.NO:'s`44.1 -1 ;1;thro�gF 37; t 23 6 +r +/ acres` 0total, from' MuUrpfe Residence Dis•I' trict to Residence District R-30 (1 1.8 ,` + %•cacres) `'ond `.Resi•' dence'_District,R•:15 fj1 1.2 +/ acres]:.Properfy is ahe ChCoie ; Pond "siie`` located on East. King Road across hose 1, Form lane, 'Multiple Resi• Bence District, .Citizens Sov. in s Bank, Dwner, Hospicare .. of9:Tomp kin`s "County; Appli- cant; Peter.NeweIl,Architect, Said Plonnin•g.7 rd will at i said time and soid place hear 'a all person; in support, of such matter or objections (hereto.' Persons . may .,appear- by +� agent or m pe[son ' iTr? Joan L Hamilton' i Town' Clerk_` a ;September •10;;1992 ° "` �=: F