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HomeMy WebLinkAboutPB Minutes 1992-10-06• 1 , I MW TOWN OF ITHACA TOWN OF�ITHACA PLANNING BOARD Clerk OCTOBER 6, 1992 The Town of Ithaca Planning Board met in regular session on Tuesday, October 6, 1992, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James Baker, Candace Cornell, Herbert Finch, Virginia Langhans, William Lesser, Stephen 'Smith, Dan Walker (Town Engineer), Floyd Forman (Town Planner), Richard Eiken (Planner I), John Barney (TownAttorney). ALSO PRESENT: Eva Hoffmann; Morris Angell, Mickey Herzing, Gerald Nye, David Sparrow, Bonnie VanAmburg, B.C. Anderson, David Auble, Bernie Malloy, Judy Malloy, Peter Newell, Attorney Shirley Egan. Chairperson Grigorov 'declared the meeting duly opened at 7:40 p.m. and accepted forthe record the Clerk's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on September 28, 1992, and October it 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, upon the Tompkins County Commissioner of Public Works, upon the Resident Engineer of the New York State Department of Transportation, and upon the applicants and /or agents, as appropriate, on September 30, 1992. 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: PERSONS'TO BE HEARD. Mr. Morris Angell''of 132 Westview Lane addressed the Planning Board with respect to his sign at Judd Falls Wines and Spirits located at East Hill Plaza.1 Virginia Langhans !',asked Mr. Angell what the problem was. Mr. Angell statedl'that the problem was the letter from Cornell University to the Planning Board. ' Mr. Angell stated that he understood that the Planning Board wanted a letter from Cornell University stating there' would never, ever, be a similar sign erected at the Plaza., Mr. Angell stated that Cornell will never, ever let a sign of that nature be erected unless there were some extraordinary reason for doing so. • Floyd Forman, Town Planner, addressed the Board stating that he had expected a letter from Cornell Real Estate stating that Cornell 0 • 0% Planning Board -2- October 6, 1992 would not give out another 'request for a hanging sign at East Hill Plaza. Mr. Forman' stated that two letters had been received from Cornell Real Estate, one dated Sepember 17, 1992 and another dated September 22, 1992, [Exhibits # 1 and # 2]. The letter of September 17, 1992 from John Majeroni did not comply with the requirements which were set for granting a variance for the hanging sign. In the letter of September 22, 1992, Mr. Majeroni writes, "please be assured that except for an extraordinary need, Cornell would not support the request of other tenants for signs of this nature ". John Barney, Town'IAttor,ney, addressed the Board stating that if the Board approves Ithe 'letter of September 22, 1992, there is no reason for another Public Hearing. Attorney Shirley Egan ',of Cornell University stated that both letters stated, "there have been no requests from other tenants for ii similar signs and at this time [we] do not foresee the need for any additional marquee orticanopy signs." Attorney Barney stated to Attorney Egan that Cornell was backing away a little bit from what Mr. Murray of Sibley Real Estate had made reference to before the Board at the September 15, 1992 meeting. Attorney Egan stated) that Mr. Murray was mistaken about what Cornell University had agreed to. Mr. Murray had made the statement that Cornell would never, 'ever, allow another sign of this sort to be put up. Attorney Egan stated that this was not the case. Attorney Egan referred to the letter of September 22, 1992 from John.Majeroni in which Mr. Majeroni'Iwrote, "please be assured that except for an extraordinary need..." and'stated that that is what Cornell agreed to. Mr. Forman stated that the first letter from Cornell dated September 17, 1992 did not 'have any reference in it to extraordinary need, etc. Virginia Langhans stated that she had been by Mr. at the East Hill Plaza and noted that she was unable to for Judd Falls Wines and Spirits due to the new facade. Chairperson Grigorov! i stated that Mr. Angell's extraordinary. Angell's store see the sign situation is Mr. Forman stated:lthatAttorney Egan was correct in stating that Sibley Real Estate agreed to something at the Planning Board meeting that they did not have the 'right to agree to. Mr. Forman stated that the letter of September'22, 1992, would be adequate with him if the Planning Board agreedRto it'. There appearing to be no further discussion or comments Board, Chairperson Grigorov asked if anyone were prepared motion. MOTION by James Baker, seconded by Candace Cornell: k from the to make a Planning Board -3- October 6, 1992 RESOLVED, that the Town of Ithaca Planning Board accept and hereby does accept the attached letter, dated September 22, 1992, from John E. Majeroni,; Cornell University Real Estate Department, to Floyd Forman, Town of Ithaca Planner, with respect to the hanging sign for Judd Falls Wines and Spirits at the East Hill Plaza, as being in substantial'compl,,iance with the Planning Board resolution of September 15, 1992, and, therefore, is in order with said resolution as adopted. There being no further ';discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, L,anghans, Baker, Smith, Finch, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared discussion of the letter of September 22, 1992, from Cornell Real Estate concerning the sign for Judd Falls Wines and Spirit's at East Hill Plaza duly closed. PUBLIC HEARING. CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCELS NO. 44.1 -1 -1 THROUGH 44.1 -1 -317, 23.0 +/- ACRES TOTAL, INTO 21 LOTS, 20 OF WHICH ARE-TO BE RESIDENTIAL LOTS ON THE PROPOSED R -15 PORTION OF THE SITE (11.2 + /- ACRES),' WITH THE PROPOSED R -30 PARCEL (11.8 + /- • ACRES) TO BE DEVELOPED FOR ''A SIX -BED HOSPICE FACILITY. PROJECT IS LOCATED AT THE CHASE POND SITE ON EAST KING ROAD ACROSS FROM CHASE FARM LANE, PRESENTLY ZONED'' MULTIPLE RESIDENCE DISTRICT. CITIZENS SAVINGS BANK, OWNER;'', HOSiPICARE OF TOMPKINS COUNTY, APPLICANT; PETER NEWELL, ARCHITECT, AGENT. 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. Peter Newell, Architect for Hospicare, addressed the Board stating how much he appreciated the help he had received from the Planning Department, the progress that had been made, how quickly everything has gone through and how smooth the process has gone to date, the help received from the Planning Board, the Town Board, etc. Mr. Newell stated;;that, there were two issues to be discussed. One is minor and one is maJor. Mr. Newell stated that he, Mr. Forman, Mr. Frantz, and Mr. Eiken have worked out the bike path, have made some minor property line adjustments and are basically working this all out. Mr. Newell did not think that anyone 'willlhave a problem with it. Hospicare will end up giving more land to the right -of -way so that the cut and fill can be done without interrupting other people's property. Normally, • the right -of -way is twenty feet and at some points, Hospicare is giving up fifty feet or more. Planning Board -4- October 6, 1992 The second issue is a little more disturbing to Hospicare. Mr. Newell stated that he understood that there had been talk about a road change by eliminating the cul -de -sac, and potentially bringing the road through to tie Manos' property. Dan Walker, Town Engineer, addressed the Board stating what he thought had prompted those 'discussions. The process normally for a subdivision is for 'the Planning Board to give preliminary approval with location of the road and then that goes to the Town Board for their acceptance for the road location. As we have had discussions over the past couple of years, the number of cul -de -sacs in the Town of Ithaca has become an' issue from a maintenance standpoint and access standpoint. This particular cul -de -sac is about 750 feet. Scott McConnell, Highway Superintendent, has concerns about cul -de -sacs. Scott would rather not see any more cul -de -sacs because of the maintenance (costs' and so on. There is a balance there that the Planning Board needs to'look at from the standpoint of what is the value from a planning standpoint and the community standpoint of cul -de -sac versus the fees of maintenance. In this particular situation that was looked at today with Chase Lane, that alignment is nicely fixed now and then, east of the property line about 400 feet, is Ridgecrest Road,', and that is in front of the Manos' property there. From the Highway Superintendent's standpoint, he would like to see a loop road coming down which is much easier to maintain; you do not have turnarounds. In this particular case, unfortunately, the sponsors of this project do not control this piece of land, so it makes it a little difficult for the Planning Board to force them to turn the road around and reconstruct the whole thing. From the long term planning standpoint,, that would actually be a better configuration for maintenance if the owner of the adjacent property were conducive to that, and it would be a nice solution to the problem. A dead -erid cul -de -sac is nicer for small communities, so you have the technical aspects, the desirability of the type of community that is going to be there and the question of whether it is worth a little extra maintenance time to develop the type of community. The Planning Board needs to evaluate this and make a recommendation to the Town Board and then, if the Highway Superintendent has a problem with it, he will discuss it with the Town Board. Robert Kenerson asked if Bill Manos had been contacted and what Mr. Manos had to say. Mr. Newell stated he had a response to that. Mr. Walker stated that on October 5, 1992, when the zoning change was approved, Mr. Manos'' had stated that he did not like the cul -de -sac there; it is another problem. One thought would be to reconfigure the lots, have the', same number of lots and have a through road, similar to what was done at the end of chase Lane between their phase one and phase two," but there is no assurance in this case that Mr. Manos would ever want {to continue that road. Mr. Forman addressed the Board stating that Peter Newell would be • speaking in a minute and he had some information from Mr. Manos, Mr. Forman stated Scott (the Highway Superintendent) did talk to Mr. Walker and Scott also talked to him, but it is not on the record for Planning Board -5- October 6, 1992 the Town Board, it was' said'ito Mr. Forman as the Board meeting was going on and as a note to Mr. Walker as well. Mr. Forman offered that, just so the Planning Board knows that it is not on record for the Town Board, theHighway Superintendent had not made his feelings known at a Town Board meeting, other than to Mr. Walker and himself. Virginia Langhans "asked if this meant no more cul -de -sacs ever. Mr. Walker stated that there have been a number of discussions at the Town Board level about 'cul -de -sacs, especially the long ones where they get out 1200 feet, which are not permitted, or even a permitted 1000 feet, and they are trying to work practical designs, interconnecting roads,', so there are no dead -end cul -de -sacs; that is the recommendation the Highway Superintendent is making. There may be certain situations where'',a cul -de -sac is the best solution from a planning standpoint. Mr. Newell addressed the Board stating that he would like to remind everyone of the cooperative process we have gone through to now -- the neighbors Cornell, Citizens Savings Bank, the Planning Department, Planning Board,; Town Board, Hospicare, and the community at large have all !been'' in favor of what Hospicare is doing. In general, these plans have been set since prior to the first official meeting. There have been six or so options that have been discussed and Hospicare came with a preferred plan that the Planning Board unanimously approved', of. Hospicare has been moving the bike path to try to cooperate although even the boards said Hospicare did not have to take Attorney Barney'.;,s advice. Hospicare has tried to work it out, Hospicare moved the property lines 50 feet away so the bike path does not have to be !a liability and Hospicare is now moving the bike path to be the proper;', safest, etc. The plan at present with the cul -de -sac is with evenliy spaced houses at the end, Hospicare did have approval of over ;100 units and the density was brought down to potentially 30 with!' the new zoning and Hospicare has been trying to cooperate their best.;' With regard to the bike path, the solution that had been discussed, the parameters that were given to Hospicare originally, were to get from Chase Lane down to the top of Deer Run. The most sensible and economic solution, and preferred by Mr. Newell's clients, would be to bring it down and have the cut and fill and dedicate some land, and it would be approximately a 400 -foot bike path, yet it had been pressed upon Mr. Newell that it would be advantageous for the community at large, to have the bike path cut through the property thus being close to over 3,000 feet of bike path. Mr. Newell stated that this would actually infringe on the privacy of the lots. ';Mr. Newell stated Hospicare has been sincere in trying to make everyone happy. Mr. Newell stated that in regard to Bill Manos, they talked for about 45 minutes. There are three options that Mr. Manos is looking at. One was to sell it; ,two would be to develop 12 to 20 units; and third would be to develop his own private house on it. Mr. Manos had no idea that his property may be rezoned. Mr. Manos thinks he can get 12 to 24 condominiums on his lots and that he plans to build some 10 to 20 years down 'the road. Mr. Newell stated that Mr. Manos does not want the road. Mr. Newell described to Mr. Manos what was going • Planning Board -6- October 6, 1992 to go on because Mr. Newell could not show him the map without letting Mr. Manos knowithatffour of Mr. Manos' lots are on it without him knowing that rez,bning; was being planned. Mr. Newell stated that this was presented to him that this is an R -15 and they could get four lots with some 2170 feet of road, approximately 50 to 60 thousand dollars worth of road.!' Mr. Manos does not want a road to cut across his property. Mr. Ma °nos refused an offer from Mr. Newell of probably double the market va'!lue of the property if he would sell the ,property; Mr. Manos stated he wanted to hold on to the property. Mr. Manos was totally against a town road going through his property. Either way, he plans to develop it whether it be multiple residence, condominiums. Then Mr;. Manos talked about scheduling. minimum was five years or more, then moved to ten to 20 years or more. Mr. Manos stated he did not seellany foreseeable changes in With either one of his plans, this leaves temporary road which ''is much more difficult t temporary T at the?! e which may likely never b the Fire Department is be hard for a fire truck nd waiting for Mr. Manos t e developed. It would be concerned because with no to turn around. the near us with a o maintain o build his unsafe as cul -de -sac, future. dead -end with a property far as it would Mr. Newell then spoke about the economics of the road. Right now there is a generous calling for an 800 -foot road to cover the extra pavement which is in the cul -de -sac or about $8,000 per unit. If Hospicare is forced to put in the extra 165 feet of road, it will cost Hospicare somewhere between $30,000 to $40,000 extra, which puts • a burden on the entire Hospicare development. This is considered an undue hardship. Basically, as to the safety of the road, for children playing, it,jwill be very safe. Even at an R -15, Hospicare is giving up 4 or 5 lots' to create a sense of peace and serenity. Privacy is the big issue here. Judy Malloy, President of Hospicare, addressed the Board stating that this has been a cooperative group effort from the beginning. Hospicare has gone ithrough a lot of different designs, different ideas, to bring the project to where it is now. Ms. Malloy stated that she thought Hospicare had come to a -point now where this project needs to move forward.; Hospicare has always wanted this to be a project that was developed by the community. Hospicare thought the bike path was a terrific idea; it brought the public to Hospicare's doorstep in a very pleasant way. Hospicare would like this development to express a quality of life. The cul -de -sac arrangement seems to enhance that quality of life; it produces a very calm, quiet neighborhood; children can ,ride their bikes along the street as well as the bike paths behind their own yards; Hospicare's feeling is that unless there is a clear reason to halt or delay the process at this point to extend this road, Hospicare urges the Planning Board to continue with Hospicare's original path and move this project ahead and get this building �ibuilti. Mr. Forman addressed! the Board stating that the cul -de -sac is a • unique situation and in the future, the Superintendent of Highways should be consulted';' earlier in the process and get his input. Mr. Manos' property was used as an illustration to show how a road could • Planning Board -7- October 6, 1992 • line up Because Planning Planning with Ridgecrest Road, and it does not line up all that well. of the unique circumstances in Hospicare's case, at least the Department I supports the cul -de -sac and hopefully the Board will do that. Eva Hoffmann of Sugar Bush Lane addressed the Board stating she is very much in favor of the Hospicare plan and would like to see it move ahead, but as a member of the Environmental Review Committee, she felt the Environmental Review Committee should comment on this, but unfortunately, she did not receive any papers on this until October 5, 19929 There has not been any time for the Environmental Review Committee to meet, so Ms. Hoffmann suggested that the Environmental Review„ Committee should have a chance to make comments at another meeting on `this. Ms. Hoffmann stated that she did not foresee any problems, but there may be comments from the Environmental Review Committee. Chairperson Grigorov asked if anyone from the public would like to speak on the Hospicare issue. David Auble addressed the Board stating that he thought there was a one -unit stipulation put on the Manos property in the Town Resolution of Approval. Mr. Auble stated that if someone looked into the files, they would probably find this stipulation . Chairperson Grigorov asked if anyone else wanted to speak. • Mr. Newell addressed the Board stating that a zoning change had been approved by the Town Board on October 5, 1992 and essentially devalued the property quite a bit, and if you analyze it from a real estate development point of view, and if now Hospicare has to reconsider the costs involved and the effect on the neighborhood and marketability of the neighborhood, etc., it really is something to think about. Mr. Walker, Town Engineer, stated that the Town Highway Department would have additional road work. Mr. Walker stated he did not see any problem with the cul -de -sac nor with the Highway Superintendent. Mr. Walker felt that it was important that evaluations have been"madeland addressed and when the Town Board is asked to approve this road location, and the Town Board asks why another cul -de -sac was added, it can be explained that the Manos property creates a problem "with the intersection. Virginia Langhans asked Mr. Walker if the Highway Superintendent has always looked at all of the roads. Mr. Walker stated no, because the Highway Superintendent is given those roads to take care of, but yet he has not always "had the opportunity to say how they are to be configured. Attorney Barney asked Mr. Newell about some of the cost information concerning the road and the cost of units. Attorney • . Barney noted that Mr. Newell had indicated that it was $8,000 per unit for the road costs. Mr. Newell stated, give or take, it is Planning Board -8- October 6, 1992 • $160,000 at 800 feet and that includes the ball of the cul -de -sac. Attorney Barney noted that to do the extra, Mr. Newell had stated that at 165 feet at the same unit cost it would be $35,000. Attorney Barney asked Mr. Newell if 25 - 30 feet were taken off the two lots would that affect the side where there would be a strip for a road, adding, does this require reconfiguring all the other lots? Mr. Newell stated it would require shrinking all the other lots. Attorney Barney asked why would it require lowering all of the other lots. Mr. Newell stated that Hospicare needs a 60 foot right -of -way. Mr. Walker, Town Engineer, stated that he thinks everything is a fine idea. There area couple of things on a technical basis that need to be addressed so that they can be incorporated. One of them has to do with easements. The pond has been designed as a stormwater management system and in checking the topographical information and comparing it against the original plans, the elevation is supposed to be up to 1280, but there still needs to be some maintenance and the Hospicare people if they own the property would be doing that anyhow. The major impact of that is the drainage. The drainage comes into the pond, and the water would cut through the dyke, bringing the water into the pond. Also, because the pond is designed at a maximum water surface elevation of 1279 -1280, there should be consideration here that none of the properties here are below 1280 so that we do not flood it. The pond is 45 -50 feet away from the property line now for Hospicare. • Mr. Walker further stated that there is not apiece of that dyke that had not been disturbed several times. The bedrock looked like it was averaging 12 to 18 inches. Where the trail is there is more fill where there is more dyke. Down at the bottom of the dyke there is at least 2 to 3 feet in there and farther toward the top of the dyke, there is 6 to 8 feet of fill. Richard Eiken, Planner I, stated that under SEQR there will be another site plan review for the Hospicare project which is more likely to have more impacts on the South Hill Swamp so there will be more opportunity to review that. Mr. Forman stated that the County took a look at the South Hill Swamp. Some of the comments the County had was to build a fence at the edge to keep small children and pets out of the swamp because there are some endangered species, use of pesticides on the property, etc. These are some of the conditions that will be listed for site plan approval. Mr. Walker stated that the South Hill Swamp land is all owned by Cornell University. The drainage from this pond drains down and makes a sharp right at the boundary of the Cornell property, follows that property line and then goes to the Deer Run Subdivision. There is no direct runoff from this site except for the far western portion of the Hospicare site and will then drain toward the swamp. [Please • refer to attached letters dated September 28, 1992, marked as Exhibits #3 and #4, from James W. Hanson, Jr., Tompkins County Planning Commissioner, to Richard Eiken, Planner I.] C, I • Planning Board -9- October 6, 1992 Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by William Lesser, seconded by Robert Kenerson: WHEREAS. 1. This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcels No. 44.1 -i -1 through 44.1 -1 -37, 23.0 + /- acres total, into 21 lots, 20 of which are to be residential lots on the R -15 portion of the site (11.2 + /- acres), with the R -30 parcel (11.8 + /- acres) to be developed for a six -bed hospice facility, located at the former Chase Pond site on the north side of East King Road across from Chase Farm Lane, 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 environmental review, and 39 The Planning Board, at a Public Hearing held on October 6, 1992, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I prepared by the applicant, Part II and recommendation prepared by the Town planning staff, a letter from the Tompkins County Department of Planning dated September 28, 1992, and a preliminary subdivision plat entitled "Subdivision of Chase Pond ", dated September 25, 1992, revised September 30, 1992 prepared by George, Schlecht, P.E., L.S., and 4. The Tompkins County Department of Planning has reviewed the project, pursuant to Sections 239 1 and m of General Municipal Law, and has indicated in a letter dated September 28, 1992 that the proposed action will not result in any deleterious impacts upon County, State, or intermunicipal facilities, and 5. The Town planning staff has recommended a Negative Determination of Environmental Significance for the proposed subdivision, as proposed; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Determination of Environmental New York State Environmental as proposed and, therefore, an not be required. Planning Board hereby makes a Negative Significance in accordance with the Quality Review Act for the subdivision Environmental Impact Statement will There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. Planning Board -10- October 6, 1992 • MOTION by VirginiaLanghans, seconded by Candace Cornell: WHEREAS. 1. This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision located on the western of Town of Ithaca Tax Parcels No. 44.1 -i -1 through 44.1 -1 -37, 23.0 + /- acres total, into 21 lots, 20 of which are to be residential lots on the R -15 portion of the site (Parcel "B", 11.2 + /- acres), with the R -30 parcel (Parcel "A ", 11.8 + /- acres) to be developed for a six -bed hospice facility, located at the former Chase Pond site on the north side of East King Road across from Chase Farm Lane, Residence Districts R -15 and R -30, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on October 6, 19 1,92, made a Negative Determination of Environmental Significance, and 3. The Planning Board, at a Public Hearing held on October 6, 1992, has reviewed and acceptd as adequate the Long Environmental Assessment Form Part I prepared by the applicant, Part II and recommendation prepared by the Town planning staff, a letter from the Tompkins County Department of Planning dated September 28, 1992, and a preliminary subdivision plat entitled "Subdivision of Chase Pond ", dated September 25, 1992, revised September 30, • 1992, prepared by 'George Schlecht, P.E., L.S., and 4. The Town of Ithaca Town Board, at a Public Hearing on October 5, 1992, approved the proposal to rezone the 23.0 + /- acre parcel from Multiple Residence District to Residence District R -30 (Parcel "A ", 11.8 + /- acres) and Residence District R -15 (Parcel "B ", 11.2 + /- acres), and 59 The Planning Board, as authorized by Town Law Section that the site is suitable for a cluster -type subdivision, 20 residential lots (which do not meet all lot 281, finds whereby dimension requirements) will be clustered on the eastern half of the site on Parcel "B ", of the site on with the hospice Parcel "A ", and to be located on the western half 6. The subdivision includes a proposal "A" to be left permanent open easement located along the northern for a large space, and boundary of portion of Parcel a twenty- foot -wide Parcel "B" and extending south between Parcel "A" and "B" to King Road for use as a recreational to be dedicated in path, said portion perpetuity to the of Parcel Town of Ithaca, "A" and and easement 79 The Tompkins County Department of Planning has reviewed the project, pursuant to Sections 239 1 and m of General Municipal Law, and has indicated in a letter dated September 28, 1992 that • the proposed action will not result in any deleterious impacts upon County, State, or intermunicipal facilities, and • • n U Planning Board -11- October 6, 1992 8. The Tompkins County Department of Planning has submitted an additional set of comments in a letter dated September 28, 1992, with respect to the pedestrian easement, South Hill Swamp, potential use of pesticides, and a mistake with regard to the soil type listed in the applicant's EAF Part I; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Subdivision Approval, as shown on the Preliminary 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 enuncdiated or implied by the Town Board, and 2. That the Planning 'Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcels No. 44.1 -1° -1 through 44.1 -1 -37, 23.0 + /- acres total, into twenty -one lots, as shown on a preliminary subdivision plat entitled "Subdivision of Chase Pond ", dated September 25, 1992, revised September 30, 1992, prepared by George Schlecht, P.E., L.S., subject to the following conditions. a. submission of a final plat showing the proposed area to be left as open' space, and items noted as being required on the Final subdivision Checklist. b. Submission of, a deed for the portion of Parcel "A" to remain as open space in perpetuity, in a form to be approved by the Town Attorney. c. Submission of a deed for the proposed trail easement to be dedicated to the Town of Ithaca, in a form to be approved by the Town Attorney. d. Submission of a legal description of the subdivision, including areas in acres or square feet, to be approved by the Town Attorney. e. Submission of a tax and assessment certificate from the Tompkins County Division of Budget and Finance, or other department as may be appropriate, indicating that there are no outstanding taxes or special assessments due on the property to be subdivided. f. Submission to and approval by the Town Engineer of a sedimentation and erosion control plan for Parcel "B" of the subdivision prior to issuance of a building permit for any of the proposed residences. g. Approval Board, of p the proposed location of the roads by the Town Planning Board -12- October 6, 1992 • he Provision of a letter or other document satisfactory to the Town Attorney evidencing that the owner (Citizens Savings Bank) joins in the application for subdivision approval. i. Relocation of the drainage easement on the final plan to more closely' follow the contour of the land, to be in a location approved by the Town Engineer. j. Receipt of a report from, and, if deemed appropriate by this Board, modification of the plans as may be recommended by the Environmental Review Committee of the Conservation Advisory Council. k. Submission of;;a maintenance plan for the pond structure. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of the Chase Pond (Hospicare) Preliminary Subdivision Approval duly closed. • PUBLIC HEARING. CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF 5,200 + /- SQUARE FEET FROM TOWN OF ITHACA TAX PARCEL NO. 43 -2 -21 1.4 +/- ACRES TOTAL, LOCATED AT 105 EAST KING ROAD, BUSINESS DISTRICT "C ", TO BE CONSOLIDATED WITH TOWN OF ITHACA TAX PARCEL NO. 43 -2 -14, 1.17 + /- ACRES TOTAL, LOCATED AT 1111 DANBY ROAD (N.Y.S. RTE. 96B), RESIDENCE DISTRICT R -15. SAMUEL PETER, OWNER /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. Mr. Richard Eiken, Planner I, addressed the Board stating that Mr. Peter wanted to add on to his house parcel, Tax Parcel 43 -2 -14, and he only had 5 feet on the side, so he came in for an additional 25 feet; he wants to subdivide 25 feet from the adjacent parcel which is also owned by Mr. Peter, so he gets the requisite 30 feet for the side yard. No new lots are being created and no new development. [See map attached hereto as Exhibit # 5.] Chairperson Grigorov asked Mr. Eiken if there is any problem with the side yard on the lot Mr. Peter is taking land from. Mr. Eiken stated that there is no problem, Mr. Peter is taking the land from Tax Parcel 43 -2 -2 and adding it to Tax Parcel 43 -2 -14. • Mr. Peter had added on to his home and was in violation of the zoning ordinance, therefore, it was necessary for him to transfer some of the land from one lot to the other. Planning Board -13- October 6, 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 William Lesser. WHEREAS. 1. This action is the Consideration of Subdivision Approval for the proposed subdivision of 5,200 + /- square feet from Town of Ithaca Tax Parcel No. 43 -2 -2, 1.4 +/- acres total, located at 105 East King Road, Business District "C ", for consolidation with Town of Ithaca Tax Parcel No. 43 -2 -14, 1.17 + /- acres, located at 1111 Danby Road (NYS Route 96B), 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 environmental review, and 3. The Planning Board, at a Public Hearing held on October 6, 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 plat entitled "Map of Proposed Subdivision of Lands of Samuel and Ruth E. Peter ", dated August 10, 1992, revised September 9, 1992, prepared by Howard Schlieder, P.E., 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 being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. MOTION by William Lesser, seconded by Robert Kenerson: WHEREAS. 1. This action is the Consideration of Subdivision Approval for the • proposed subdivision of 5,200 + /- square feet from Town of Ithaca Tax Parcel No. 43 -2 -2, 1.4 +/- acres, located at 105 East King Road, Business District "C ", for consolidation with Town of Planning Board -14- October 6, 1992 • Ithaca Tax Parcel No. 43 -2 -14, 1.17 + /- acres, located at 1111 Danby Road (NYS Route 96B), 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 October 6, 1992, made a Negative Determination of Environmental Significance, and 39 The Planning Board, at a Public Hearing held on October 6, 1992, has reviewed the Short Environmental Assessment Form prepared by the applicant, Parts II and III prepared by the Town planning presented that staff, a sketch plan entitled "Map of Proposed Subdivision of Lands of Samuel "and Ruth E. Peter ", dated August 10, 1992, revised September 9, 1992, prepared by Howard Schlieder, P.E., L.S. and other application materials; NOW, THEREFORE, BE IT RESOLVED. 1. 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 of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of 5,200+/ - square feet from, Town of Ithaca Tax Parcel No. 43 -2 -2 and consolidation of said tract with Town of Ithaca Tax Parcel No. 43 -2 -14 as proposed and as shown on a sketch plan entitled "Map of Proposed Subdivision of Lands of Samuel and Ruth E. Peter ", dated August 10,1 1992, revised September 9, 1992, prepared by Howard Schlieder, P.E., L.S., conditioned upon the following: a. Submission of an original and four (4) full -size prints of the final survey map showing the items noted as being required on the Preliminary and Final Subdivision Checklist, and approval of said survey map by the Town Engineer prior to signing of the plat by the Planning Board Chairperson. b. That the Town of separate to be parcel so subdivided shall Ithaca Tax Parcel No. 43 -2 from Tax Parcel No. 43 -2 -14, accomplished by recording be consolidated with -14 and shall not be sold and such consolidation of an appropriate deed describing the newly created and consolidated lots. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Baker, Smith, Finch, Cornell, Lesser. Nay - None. The MOTION was declared to be carried unanimously. • • Planning Board -15- Chairperson Grigorov declared the matter of the consolidation of lands of Samuel Peter duly closed. AGENDA ITEM: REPORT OF THE TOWN PLANNER. October 6, 1992 subdivision and Town Planner Floyd Forman addressed the Board reminding them that the Planning Conference is in Niagara Falls, New York this year, and approval was given by the Town Board on October 5, 1992, for two members of the Planning Board to attend. Mr. Forman had spoken to Candace Cornell and Herbert Finch about attending the Planning held. Conference and both agreed to attend. At the next Planning Board meeting, October 20, 1992, there will be a public information meeting on the rehabilitation of the existing incinerator and a new smokestack at the Vet College. The smokestack is to be up to 200 feet high. The State Construction Authority will be coming to Ithaca to make a public presentation at that meeting, and hopefully, there will be some technical experts from Cornell on meteorology who will offer their thoughts as well about what effect, if any, that stack and incinerator will have, and also the staff is doing some work at visibility. That site is a rather high site in terms of location. The height of the stack is smaller than the boiler stacks at the heating plant, but because these boiler stacks are in a valley the view is minimized, whereas this stack at the VetiCollege is much more visible due to the fact that it is more out in the open. The stack is metal and the facility will be used for diseased animals, which at the present time, some animals transported out, but with this incinerator and stack, will be able to be disposed of without having some being out* disposing of have to be the animals transported APPROVAL OF MINUTES - I June 2, 1992 MOTION by Herbert Finch, seconded by William Lesser: RESOLVED, Mr. Forman further stated that should this particular issue look like a lot of people; are going to turn out, there may be the possibility that the next Planning Board meeting might have to be held at a building that will hold a larger capacity of people than at the Town Hall building. If this should be the case, the notice will give the name of the building where the next Board meeting will be held. APPROVAL OF MINUTES - I June 2, 1992 MOTION by Herbert Finch, seconded by William Lesser: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of June 2, 1992, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - • Nay - Grigorov. Smith. None. Kenerson, Baker, Cornell, Finch, Langhans, Lesser, • • ^�.V ~nn.ing Board -16- October 6, 1992 The MOTION was declared to be carried unanimously. APPROVAL OF MINUTES - August 18, 1992 MOTION by Virginia` Langhans, seconded by Candace Cornell. RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of August 18, 1992, be and hereby are approved with the following corrections. 1. That, on Page 1, second paragraph, line four, the name Mr. Larsen should be changed to Mr. Gordon (of Larsen Engineers). There was no Mr. Larsen present at this Board meeting. Mr. Larsen was a typographical error. In addition, Mr. Gordon's name is to be added to the list of persons also present. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Cornell, Finch, Langhans, Lesser, Smith. Nay - None. The MOTION was declared to be carried unanimously. APPROVAL OF MINUTES - September 1, 1992 MOTION by William (Lesser, seconded by Robert Kenerson: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of September 11, 1992, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Cornell, Finch, Langhans, Lesser, Smith. Nay - None. The MOTION was declared to be carried unanimously. APPROVAL OF MINUTES — September 15, 1992 MOTION by Robert Kenerson, seconded by James Baker: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of September 1115, 1992, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Cornell, Finch, Langhans, Lesser, Smith. Nay - None. • The MOTION was declared to be carried unanimously. • • Planning Board -17- October 6, 1992 OTHER BUSINESS Candace Cornell addressed the Board stating that on October 19th, the Town Board and the Conservation Advisory Council are presenting the Open Space Report at 7:30 at the Women's Community Building. This is a public information meeting. ADJOURNMENT Upon Motion, Chairperson Grigorov declared the October 6, 1992, meeting of the Town of Ithaca Planning Board duly adjourned at 9:10 p.m. Respectfully submitted, Wilma J. Hornback, Recording Secretary, Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. • • CORNELL U N I V E R S I T .Y Finance Division September 17, 1992 Floyd Foreman Town of Ithaca 126 E. Seneca Street Ithaca, New York 14850 Dear Floyd: Real Estate Department Cornell Business & Technology Park 20 Thornwood Drive, Suite 103 Ithaca, New York 14850 Mail: Box DH - Real Estate Ithaca, NY 14853 -2801 Telephone: 607 2544660 Facsimile: 607255-9010 SEP 2 1 X92 Per your request of September 15, 1992, this letter is to indicate Cornell University's approval of the sign for which Judd Falls Wines & Spirits is seeking a variance. Please be assured that this 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 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 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. ,VerPruly yours, Jofn Fy. Majeroni cc: J. Murray, Sibley Real Estate M. Angell,* Judd Falls Wines & Spirits EXHIBIT # 1 fQ CORNELL U N I V E R S I T Y • Finance Division September 22, 1992 Floyd Foreman Town of Ithaca 126 E. Seneca Street Ithaca, New York 14850 Dear Floyd: Real Estate Department ".Mail: Box DH - Real Estate Cornell Business & Technology Park Ithaca, NY 14853 -2801 20 Thornwood Drive, Suite 103 Telephone: 6072544660 Ithaca, New York 14850 Facsimile: 607 255-9010 I[�r `CEIVED [ #A 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 • 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. • rti Very truly yours, John E. Majeroni JEM /ss cc: J. Murray, Sibley Real Estate M. Angell, Judd Falls Wines & Spirits EXHIBIT # 2 0 DEPAR*TM Biggs Buifdi James W. Hanson, Jr. Commissioner of Planning �s Drive G TOWN OF PLANNING, ZONIN TO: Richard Eiken, Planner I Town of Ithaca FROM: James W. Hanson,'Jr., Commissioner W DATE: September 28, 1992 RE: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Telephone (607) 274 -5360 Action: HospicareiiSubdivision and Zone Change Request. Tax Parcel 6- 44.1 -1 -1 through 37. • This memorandum acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a part of the record. EXHIBIT # 3 A ZaRecycled paper 0 • 4 % .1 %y DEPARTMENT'4F PL, Biggs Da, IEh ac5;-New- -York 14850%1 James W. Hanson, Jr. Commissioner of Planning TO: Richard Eiken, Planner I Town of Ithaca I �' FROM: James W. Hanson, Jr., Commissioner DATE: September 28, 1992 Drive G SEP 3 012 U � iG'W1GF INN. ZnINN., RE: Hospicare Subdivision and Zone Change. Tax Parcel 6- 44.1 -1 -1 through 37. Telephone (607) 274 -5360 Aside from the §239 review of the Hospicare subdivision, the Planning Department would like to offer the following comments. The pedestrian easement runs along the back of the subdivision. Can it be accessed by more than just the lots adjoining the easement, e.g. Deer Run Subdivision? Also, would it be possible to extend this to the street? A Unique Natural Area, South Hill Swamp, is located immediately west of the Hospicare Subdivision. According to the Unique Natural Area study, one bird specie and fifteen plant species classified as rare or scarce are located in the South Hill Swamp. The description of the area notes that trampling in the area could destroy small plant species and that neighborhood pets could pose a threat to the prarie warbler. Given these concerns it is suggested that pedestrians and pets be discouraged from entering the site. Due to the drainage pattern and proximity of parcels one through five as well as the location of Hospicare relative to the pond, ,it is suggested that pesticide use be restricted for this area. This could be done through the deed restrictions, for example. Finally, we suggest one correction to the Environmental Assessment Form. Soil type TeA is listed as being well- drained. According to the Tompkins County Soil Survey, the Tuller series soils are characterized as poorly- drained to somewhat poorly- drained. 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