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HomeMy WebLinkAboutPB Minutes 1993-05-04TOWN OF ITHACA PLANNING BOARD MAY 41 1993 FILED TOWN OF ITHACA Date , -, qq- The Town of Ithaca Planning Board met in regular session on Tuesday, May 41 1993, in Town Hall, 126 East Seneca Street, Ithaca, New York at 7:30 p.m. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, Herbert Finch, Stephen Smith, Candace Cornell, Floyd Forman (Town Planner), John Barney (Town Attorney). ALSO PRESENT. Joseph Ciaschi, Zoe Becker, James Ainslie, Edward Kellogg, Robert Kellogg, John Novarr, Dave Auble, Roger Sovocool, Esq. Chairperson Grigorov declared the meeting duly opened at 7 :37 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 26, 1993 and April 29, 1993, respectively together with the Secretary's Affidavit of Service by Mail and 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 Clerk of the Town of Ithaca, upon the Tompkins County Commissioner of Public Works, upon Tompkins County Commissioner of Planning, upon Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate on April 29, 19939 Chairperson Grigorov read the Fire Exit Regulations to those assembled, as isrequired by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM. PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Grigorov closed this segment of the meeting at 7:38 p.m. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 6 -33 -1 -27.11 7.3 +/- ACRES TOTAL INTO TWO (2) NEW LOTS 3.6 +/ -ACRES AND 3.7 + / -ACRES RESPECTIVELY, LOCATED ON ENFIELD FALLS ROAD (NYS RTE. 327) AT GRAY ROAD, AG- AGRICULTURAL DISTRICT. CATHERINE T. KELLOGG, OWNER, ROGER SOVOCOOL, ESP., AGENT. Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 7:39 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Chairperson Grigorov stated for the record that three (3) Board members had visited the site. Roger Sovocool addressed the Board stating that the parcel owned by Catherine Kellogg is located at the intersection of Gray Road and Enfield Falls Road. Ms. Kellogg also owns property to the East of this parcel on Enfield Falls Road which is not shown on the Survey shown to the Board. Ms. Kellogg wants to ® convey the house on the corner of the parcel with 3.6 acres of land to one of her sons and then subdivide the remainder of the parcel added with her other property and convey it to her other son, this would prevent dividing up the land and E, Planning Board `a May 4, 1993 keeping it within her family. There is a gravel driveway along the north side of the driveway which is owned by Mr. Teeter whom has given permission for use of the driveway. The driveway would be used by three people, the property on the corner, the subdivided lot, and Mr. Teeter who owns the property to the North. Chairperson Grigorov stated that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for further discussion. Board member Candace Cornell asked how much land Ms. Kellogg owned to the East of the property in question. Mr. Sovocool responded that she owned 10 acres which include some pines. Ms. Cornell then asked if there were any immediate plans to subdivide the 10 acres to the East of the proposed property. Mr. Sovocool responded that there were no plans to change that area at all. There being no further discussion, Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Virginia Langhans. 10 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6- 33 -1 -27.1, 7.3 + / -acres total into two (2) new lots 3.6 + / -acres and 3.7 +/- acres respectively, located on Enfield Falls Road (NYS Rte. 327) at Gray Road, AG- Agricultural District, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, at a Public Hearing held on May 4, 1993, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, a subdivision plat entitled "Preliminary Subdivision Map, No. 284 Gray Road, Town of Ithaca, Tompkins County, NY" prepared by Allen T. Fulkerson, L.S. and dated December 1, 1992, and other application materials, and 49 The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan, as proposed; NOW, , 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 0 111 Elf Planning Board 3 May 4, 1993 Environmental Quality Review Act for the above referenced action as proposed 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, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Stephen Smith, seconded by Candace Cornell. 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 6- 33 -1 -27.1, 7.3 + / -acres total into two (2) new lots 3.6 + / -acres and 3.7 +/- acres respectively, located on Enfield Falls Road (NYS Rte. 327) at Gray Road, AG- Agricultural District. 2. The Planning Board, at a Public Hearing on May 4, 1993, 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, and a subdivision plat entitled "Preliminary Subdivision Map, No. 284 Gray Road, Town of Ithaca, Tompkins County, NY" prepared by Allen T. Fulkerson, L.S. and dated December 1, 1992, and other application materials. 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on May 4, 1993, made a negative determination of environmental significance. HOW, • .11 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 waivers 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 Town of Ithaca Tax Parcel No. 6- 33 -1 -27.1, 7.3 + / -acres total, as shown on the subdivision plat entitled "Preliminary Subdivision Map, No. 284 Gray Road, Town of Ithaca, Tompkins County, NY" prepared by Allen T. Fulkerson, L.S. and dated December 1, 1992, conditioned upon the following: a. Approval by the Tompkins County Department of Health of any necessary on -lot sewer facilities prior to issuance of any building permit. 0 J I. Planning Board b. Approval 0 ;he Town Attorney of May 4, 1993 easement for access from Gray Road to the easterly parcel to be created. There being no further discussion, the Chair called for a vote. Aye _ Grigorov, Kenerson, Langhans, Finch, Cornell, Smith. Nay _ None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Final Two -lot Subdivision Approval duly closed at 8 :46 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO A PROPOSAL TO REZONE TOWN OF ITHACA SPACIAL LAND USE DISTRICT N0. 41 TAX PARCEL NOW. 24 -3 -3.4 AND 24- 3 -3.5, 10.2 + / -ACRES TOTAL, BY ALIOWING THE FOLLOWING CHANGES TO THE PERMITTED USED: CATERING SERVICES AND UP TO SEVEN RESIDENTIAL APARTMENTS. PROPERTY IS THE FORMER CORNELL UNIVERSITY STATLER WEST COMPLEX LOCATED AT 1251 TRUMANSBURG ROAD. JOSEPH CIASCHI, OWNER /APPLICANT. Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 8:47 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Joseph Ciaschi addressed the Board by showing a sketch of what he perceives for most of the building except for the apartments, the sketch showed what the office complex would look like if approved. Chairperson Grigorov asked what the new name for the building would be. Mr. Ciaschi responded it would be called "Rebecca Hall ". Town Planner Floyd Forman stated that Mr. Ciaschi brought a recommendation of the Town Board to change the allowed uses for zoning purposes in the Special Land Use District No. 4. The Board is not here to discuss a variance, the Board is to discuss changing the allowed uses, in essence, a zoning change. Mr. Forman then stated that Mr. Ciaschi would like to add five additional apartments to the two that are already allowed, he would also want the Board to allow for catering services on the site where there already exists a large commercial kitchen. Mr. Ciaschi stated that the most feasible plan would be to have the whole building to be offices, however, he understands that would be hard to do. Mr. Ciaschi stated that he was asking for a variance for catering to hold functions there. Right now, the building is a big hardship, there is a lot of money tied up in the cost of the building, a lot of lost space due to the age and design. Board member Robert Kenerson asked Mr. Ciaschi about the parking arrangements. Town Planner Floyd Forman stated that Mr. Ciaschi addressed the Town Board at their last meeting and there was some discussion regarding the catering 0 Planning Board 5 May 4, 1993 services. Mr. Forman visited the site on May 3, 1993 and thought that there would not be adequate parking spaces available for functions. Most of the functions would be on the weekends and most of the cars that are there during the weekday would be gone on the weekends so that would free up a lot of the parking spaces, but Mr. Ciaschi could come in with a site plan that clears up that issue. The tenants that would be living in that building and in the building next door and the problem would be the noise coming from the functions for the tenants living there and next door. Mr. Ciaschi addressed the Board by stating that the plan shows about 60 to 70 parking spaces in addition to the 30 to 35. There is plenty of room to add parking spaces if necessary, but if the Board feels the same way he does, he would prefer not to put them in and take away the green, open lawn, if the spaces are not needed. If the need arises for additional parking spaces, he could put them in. Board member Virginia Langhans asked Mr. Ciaschi what the two small buildings in the back of the building were. Mr. Ciaschi responded that they were old garages. One is about to fall down, the second one is in pretty good shape, good for storage. Ms. Langhans asked if the catering business would need a liquor license. Mr. Ciaschi stated that they would need a license. The catering service the Mr. Ciaschi worked with is called Creative Caterers and they would have to hire out for a bar service which was very costly for them to do, so they will need a liquor license, which would save them money in the long run. If they had a hundred functions a year 10 to 15 of those could possibly be on the site, they can not get a liquor license without showing the Alcohol Beverage Control Board that they have at least 50 seats and tables. They do not have to use them but they can get a license on that basis. Chairperson Grigorov stated that they could go anywhere they needed to if they had their liquor license. Mr. Ciaschi responded that they could. To go off site they have to pay $30.00 to the Alcohol Beverage Control Board for that day to serve that function, but they could not do that on someone else's license. Mr. Ciaschi stated that he is seeking approval for functions only, not every day or night, just occasional functions. Board member Virginia Langhans stated that at the large functions, such as weddings, there are normally bands, that would not be fair to the apartments upstairs. Mr. Ciaschi responded that he did not feel that it would bother the tenants. ® Chairperson Grigorov asked what Mr. Ciaschi would do with the space if the catering was not approved. Planning. Board 6 May 4, 1993 Mr. Ciaschi stated that he would probably have to put offices or apartments in there in order to use the space adequately. Chairperson Grigorov stated that an additional use could be for a day care center. Board member Candace Cornell asked if Mr. Ciaschi felt that he could not generate enough income with just offices in the building. Mr. Ciaschi responded that if all offices could be placed there, it would generate enough income, but there is a lot of space there and after advertising for two or three months now, he has had only two or three potential renters for a couple of small offices. Board member Candace Cornell stated that in terms of the quality of the neighborhood, and the goals of the Comprehensive Plan about concentrating commercial area in pockets that will not effect the existing neighborhoods, a lower impact use of the building that does not include light industry or a commercial business like the catering service. Ms. Cornell stated that she could easily accept a school or day care facility, offices and an increased number of apartments. A beautiful location which is closely located to Mr. Lowers property, commercial or industrial uses would impact on his property and his tenants. Traffic would be a big problem in that area also. Chairperson Grigorov asked Mr. Ciaschi if there was an elevator that is sufficient for apartments. Mr. Ciaschi responded that there was a small elevator that would be sufficient for tenants to use. Chairperson Grigorov stated that this was a public hearing and asked if anyone from the public wished to speak. James Ainslie addressed the Board by stating that he has lived on Hayts Road and was a member of the West Hill Association, his wife is on the Board and trucks go in and out of there all of the time. Mr. Ciaschi Is sets back from the road a long way, so he does not see where a catering Food Net building business would effect the neighborhood adversely. Town Planner Floyd Forman stated that any uses permitted in a R -15 district, business offices and professional offices are subject to further provisions, an art gallery and up to two residential apartments. The following uses are allowed but only with special approval: Church or place of worship, public library, museum, public or private school, day care center, publicly owned park or playground, fire station or other public building. There appearing to be no further discussion, the Chair asked if anyone were prepared to offer a motion. ® MOTION by Candace Cornell, seconded by Stephen Smith. WHEREAS: ® Planning Board 7 May 4, 1993 10 The Town of Ithaca Town Board has received an application to rezone Town of Ithaca Tax Parcel Nos. 24 -3 -3.4 and 24- 3 -3.5, 10.2 + /- acres total, by allowing the following changes to the permitted uses: catering services and up to seven residential apartments. Property is the former Cornell University Statler West Complex located at 1251 Trumansburg Road, and 2. The Town of Ithaca Town Board on April 12, 1993 referred said application to the Town of Ithaca Planning Board for their recommendations pursuant to the Town of Ithaca Zoning Ordinance, Article IX, Section 46, No. 1, and 3. The Planning Board, at a Public Hearing held on May 4, 1993, has reviewed the colored floor plan entitled "Administration Building of Grand Lodge Home and Orphanage" drawn by JVL and site plan, dated April 29, 1993, and other application materials. 4. The Planning Board finds that certain of the proposed changes to the Special Land Use District No. 4 would be compatible with the adjacent land uses and zoning districts. Mk�1471 lmY96rgc1r is)t,: #:3:96 a:i*10) &i /:iIA That the Town of Ithaca Planning Board, pursuant to Article IX, Section 46, no. 2 of the Town Zoning Ordinance, hereby recommends that the Town of Ithaca Town ® Board approve a Modification of Allowed Uses in Special Land Use District No. 4 by deleting item 2 (d) "up to two residential apartments" and inserting a new 2 (d) reading "residential apartments ". There appearing to be no further discussion, the Chair called for a vote. Aye Grigorov, Kenerson, Langhans, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Stephen Smith, seconded by Herbert Finch. 1. The Town of Ithaca Town Board has received an application to rezone Town of Ithaca Tax Parcel Nos. 24 -3 -3.4 and 24- 3 -3.5, 10.2 + /- acres total, by allowing the following changes to the permitted uses: catering services and up to seven residential apartments. Property is the former Cornell University Statler West Complex located at 1251 Trumansburg Road, and 29 The Town of Ithaca Town Board on April 12, 1993 referred said application to the Town of Ithaca Planning Board for their recommendations pursuant to the Town of Ithaca Zoning Ordinance, Article IX, Section 46, no. 1, and 3. The Planning Board, at a Public Hearing held on May 4, 1993, has reviewed ® the colored floor plan entitled "Administration Building of Grand Lodge Home and Orphanage" drawn by JVL and site plan, dated April 29, 1993, and other application materials. 0 is Planning Board 0 May 4, 1993 4. The Planning Board finds that certain of the proposed changes to the Special Land Use District No. 4 would be compatible with the adjacent land uses and zoning districts. That the Town of Ithaca Planning Board, pursuant to Article IX, Section 46, no. 2 of the Town Zoning Ordinance, hereby recommends that the Town of Ithaca Town Board approve the Modification of Allowed Uses in Special Land Use District No. 4 for catering services. There appearing to be no further discussion, the Chair called for a vote. Aye - Kenerson, Smith, Finch. Nay � Grigorov, Langhans, Cornell. THE MOTION WAS DEFEATED ON A TIE VOTE. Chairperson Grigorov declared the Public Hearing duly closed at 9:15 p.m. PUBLIC HEARING: CONSIDERATION OF MODIFICATION OF APPROVED SITE PLAN FOR THE PROPOSED CONSTRUCTION OF AN OFFICE /RETAIL COMPLEX TO CONSIST OF 20,000 + /- SQUARE FEET OF RETAIL OFFICE SPACE, AND RENOVATION OF AN EXISTING 5,000 + 1- SQUARE FEET BUILDING FOR OFFICE AND RETAIL USES, WITH ASSOCIATED PARKING AND LANDSCAPING IMPROVEMENTS, TOWN OF ITHACA TAX PARCEL NO 6- 40 -3 -91 3.6 +/- ACRES TOTAL, LOCATED AT 930 DANBY ROAD, INDUSTRIAL PRODUCTS DISTRICT. JMS ITHACA REALTY, INC., OWNER/APPLICANT. Chairperson Grigorov declared the Public Hearing in the above noted matter to be duly opened at 9:16 p.m. and read aloud from the Notice of Public Hearings as posted an published and as noted above. John Novarr addressed the Board Office and the State Police to see if officer during the days that the book the conversation, he was told that you told by.an officer that he was not to whether dressed in orange or not. approximately 12 to 15 parking spaces stating that he had called the Sheriff's were possible to hire an off duty police sale would take place. In the course of can not hire an officer. Mr. Novarr was put anyone in the road to direct traffic Mr. Novarr stated that there were available. Chairperson Grigorov stated that this was a public hearing and asked if anyone wished to speak. No one spoke. Chairperson Grigorov asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Candace Cornell. 10 This action is the Consideration of Modification of Approved Site Plan for the proposed construction of an office /retail complex to consist of 20,000 + /- square feet of retial and office space, and renovation of an existing 5,000 + /- square feet building for office and retail uses, with associated parking and landscaping improvements, Town of Ithaca Tax Parcel No. 6- 40 -3 -9, 3.6 +/- acres total, located at 930 Danby Road, Industrial ® Planning Board 9 May 4, 1993 I 0 Products District, 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 May 4, 1993, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I and supplemental information prepared by the applicant, Part II prepared by Town planning staff, a site plan entitled "South Hill Retail /Office Complex ", dated April 21, 1992, revised through May 26, 1992, prepared by Trowbridge and Wold, Landscape Architects, and 4. The Town planning staff has recommended a negative determination of environmental significance for the proposed Modification of Site Plan; 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 I nd, 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, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Town Planner Floyd Forman stated that County Planning was asked to comment on just the modification, but they commented on the whole previous plan. (Hereto attached as Exhibit #1) The Board is looking at this site plan because the potential was there for Triangle Books to say that things would not work out for them at this location, and the idea is for the Board to give specific uses allowed in the space so that Mr. Novarr would not have to come back time after time. The site plan incorporated this building this building as part of a new site plan for the 25,000 square foot project, among that was an access road which would be necessary. There appearing to be no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Candace Cornell. RESOLVED, that, the Town of Ithaca Planning Board in its May 4, 1993, approval of the Modification of Approved Site Plan, Tax Parcel No. 6- 40 -3 -9, allows Triangle Books to locate in the existing building on said parcel from Monday, May 3, 1993, to Saturday, May 8, 1993, for the purpose of purchasing books subject to the following condition: 0 0 Planning Board 10 May 4, 1993 1. A traffic assistant be on -site to direct customers safely to and from the site, to discourage left -hand turns from the site onto Route 96B, and to close the parking lot when all spaces are filled. There appearing to be no further discussion, the Chair called for a vote. Aye on Grigorov, Kenerson, Langhans, Finch, Cornell, Smith. Nay om 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 a motion. MOTION by Virginia Langhans, seconded by Robert Kenerson. WHEREAS: 10 This action is the Consideration of Modification to Approved Site Plan for the proposed construction of any office /retail complex to consist of 20,000 + /- square feet of retail and office space, and renovation of an existing 5,000 + /- square foot building for office and retial uses, with associated parking and landscaping improvements, Town of Ithaca Tax Parcel No. 6- 40 -3 -9, 3.6 +/- acres total, located at 930 Danby Road, Industrial Products District, and 2a this is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on May 4, 1993, made a negative determination of significance, and 3. The Planning Board, at a Public Hearing held on May 4, 1993, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I and supplemental information prepared by the applicant, Part II prepared by Town planning staff, a site plan entitled "South Hill Retail /Office Complex ", dated April 21, 1992, revised through May 26, 1992, prepared by Trowbridge and Wold, Landscape Architects, and 4. The Tompkins County Department of Planning, in a letter dated May 4, 1993 stated that the project, as proposed, would have no deleterious effects upon State, County or intercommunity facilities, and 59 The applicant has unilaterally agreed at the time of the submission of the application for site plan approval to limit the permitted type of retail businesses and, in view of the ambiguous nature of the prior non- conforming uses of the property, the Planning Board's approval is conditioned upon the unilateral agreement. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Modification to Approved Site Plan, as shown on the Site Plan Checklist, having determined from the materials presented that such waiver • Planning Board 11 May 4, 1993 will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Modification of Approved Site Plan for the proposed construction of a retail /office complex, with associated parking and landscaping improvements, as shown on the site plan entitled "South Hill Retail /Office Complex ", dated April 21, 1992, revised through May 26 1992, prepared by Trowbridge and Wolf, landscape Architects, conditioned upon the following: a. Submission of two (2) copies of the herein - approved site plan showing the items noted as being required on the Final Site Plan Checklist, and approval of said plan by the Town Engineer, and b. Submission of a deed or other document acceptable to the Town Attorney showing the proposed 40- foot -side access easement across lands owned by NCR Corp. as being dedicated in perpetuity to the owner of Town of Ithaca Tax Parcel No. 6- 40 -3 -9, and c. Submission of proof of ownership of Town of Ithaca Tax Parcel No. 6- 40 -3 -9 by the applicant in a form acceptable to the Town Attorney, and d. The Planning Board reserves the right to require that additional parking spaces and associated lighting and landscaping be provided in the event that the proposed 85 spaces prove to be insufficient, and e. No more than 25,000 sq. ft. of gross leasable space be permitted on said parcel, and f. Gasoline pumps are not permitted on the parcel, nor are enterprises such as bars that derive 50% or more of their gross revenues from the sale of alcoholic beverages for on -site consumption, and g. Approval by the Town Engineer of the final construction plans and specifications for earthwork, drainage improvements, water supply improvements and sewer improvements, prior to the issuance of any building permits, and h. Phased construction will be acceptable only upon approval of phasing plans by the Town Engineer and Town Planner, and i. The final architectural renderings being substantially conforming to the sketch plans presented at the June 2, 1992 Planning Board meeting. j. Unless otherwise approved by this Board prior to the construction of any building or parking, the existing building may be used for general office purposes only (not to include professional offices) unless the access road identified on the Final Site Plan, approved at June 2, 1992 Planning Board meeting, is constructed. In Planning Board 12 May 4, 1993 addition, any necessary variances must be secured. There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the Public Hearing duly closed at 9:40 p.m. AGENDA ITEM: OTHER BUSINESS. Town Attorney John Barney addressed the Board by stating that there was a problem with item f in the resolution for the Willett Subdivision. Mr. Shickel had given the rights that he had to the piece of Worth Street between the City Line and Vine Street coupled with the a title insurance policy that the Town is getting which will ensure the right of access for the Willetts. Attorney Barney then stated that he was satisfied that there is sufficient ground to give access over Worth Street to Vine Street, however, when looking over the resolution, it was very specific as to what he had to approve, so if the Board would modify the resolution slightly to say that the approval by the Town Attorney need only be given in regards to an access from Worth Street and not all the way down to Mitchell Street. There appearing to be no further discussion the Chair asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Virginia Langhans. 1. The Planning Board, on March 12, 1993, granted preliminary and final approval of a proposed two -lot subdivision on Vine Street between Worth and Miller Streets, and 2. Certain conditions were imposed in conjunction with such approval and it appears that one of the conditions relating to the availability of access cannot be met because of the unwillingness of the owner of the property to grant same, and 39 The Town Attorney has advised the Planning Board that he is satisfied with an alternative means of access and suggests that the condition to be modified slightly, and 4. Such modification is a relatively minor modification. 16 That the requirement set forth in paragraph 2 (f) of the Resolution of the Planning Board in this matter dated March 2, 1993 be modified to read as follows: 0 Planning Board 13 May 4, 1993 "(f) Provision to the Town Attorney of proof of the availability of access from Worth Street to the lot shown as 'Proposed New Parcel 11,123 sq. ft. total'." There appearing to be no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: REPORT OF THE TOWN PLANNER. Town Planner Floyd Forman addressed the Board stating that the Comprehensive Plan will be discussed at the next Planning Board meeting, which will be held on May 11, 1993. On the agenda for the May 18, 1993 meeting is Stephen Lucente who will be bringing a sketch plan before the Board with 40+ lots near his Briarwood property, which involves a wetland and will be a preliminary discussion with the Planning Board. Also Franzen subdivision and Leonardo subdivision are on the agenda. ADJOURNMENT Upon the motion, Chairperson Grigorov declared the May 4, 1993 meeting of the Town of Ithaca Planning Board duly adjourned at 9:55 p.m. Respectfully submitted, �� c�" 'f StarrRae a s, Recording Secretary Town of Ithaca Planning Board 0 0 Tompkins County DEPARTMENT OF PLANNING 121 East Court. Street' Ithaca, New _York 14850 James W. Hanson, Jr. Commissioner of Planning May 4, 1993 Mr. Floyd Forman, Planner Town of Ithaca 126 E. Seneca Street Ithaca, NY 14850 L MATY PLAP'Mkir• Telephone (607) 2745560 FAX (607) 2745578 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: South Hill Retail Complex. Tax Map No.6- 40 -3 -9. Dear Floyd: This letter 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. Sincerely, es Hanson, Commissioner Exhibit #1 4M f.* Recycled paper I1 I r: Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca, New York 14850 James W. Hanson, Jr. Commissioner of Planning May 4, 1993 Mr. Floyd Forman, Planner Town of Ithaca 126 E. Seneca Street Ithaca, NY 14850 Action: South Hill Retail Complex, Tax Map No.6- 40 -3 -9. Dear Floyd: MAY ° 4 Telephone (607) 2745560 FAX (607) 2745578 Aside from the §239 review for the South Hill Retail/Office Complex, the Planning Department would like to offer the following comments regarding this proposal. The Proposed Resolution references a set of plans dated May 26, 1992. The plans submitted to this office for review are dated May 8, 1992. Therefore, our comments are conditioned on the difference between the May 8th and May 26th plans. Regarding traffic, if the second access road through the NCR entrance is not constructed, the curb cut on 96B needs to be re- designed to accommodate two -way traffic. Also, without the second access road, there may not be enough time between cars on Route 96B to allow employees to enter and exit the site, especially during peak hour. With these concerns in mind, the Planning Department strongly recommends that the second access road be built as soon as possible. In addition, while the calculated trip generation is acceptable, a more accurate reference to the calculated trip ends should be indicated. For example, it may well speed up the review process if the 2,980 trip ends for a 24 -hour period were said not to be the result on "Table 1, ...... the average weekday volume for shopping centers under 100,000 SF ..." but of a calculation using the Fitted Curve Equation Ln(T) = aLn(X) + b, where X is not 100,000 SF but 25,000 SF. According to the Proposed Resolution, the 5,000 sq. ft. building would be limited to general office purposes only without the access road discussed above. We recommend that the Town define this term, since "general office" is not described either within the Proposed Resolution or the Zoning Ordinance. We suggest that sidewalks, crosswalks, bus stop, pay phone, and lighting for the bus stop be provided. The estimated demand for water for this project is 1600 GPD, the estimated wastewater generation is 2500 GPD. This inconsistency should be straightened out. Regarding LEAF number 11, Part A, the applicant was told that the project site is not located in a Unique Natural Area as designated by the Tompkins County Environmental Management Council. is �� Recycled paper The Unique Natural Areas Inventory is not to be used as a means to determine whether threatened ® or endangered species exist on the project site as it is not a complete list of such species. The inventory can provide additional information on species if a site is located in a designated area. Other sources of information should be consulted and possibly a field survey conducted to identify whether species of special concern are located on the site. Finally, the supplemental information indicates that the applicant does not anticipate that the water table is within 1' -2' of the surface. An examination of a test pit on the site should give a good indication of depth to seasonal high water table without too much difficulty. We hope these comments are helpful. If you have any questions, please give me a call at 274- 5560. Sincerely, J es Hanson, Commissioner MAY � if %P" M MAY -4