Loading...
HomeMy WebLinkAboutPB Minutes 1993-09-21TOWN OF ITHACA PLANING BOARD SEPTEMBER 21, 1993 FILED TOWN OF The Town of Ithaca Planning Board met in regular session on Tuesday, September 21, 1993, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 P.M. PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia Langhans, James Ainslie, Herbert Finch, Candace Cornell, Stephen Smith, Floyd Forman (Town Planner) , George Frantz (Assistant Town Planner) , Daniel Walker (Town Engineer), John Barney (Town Attorney). ALSO PRESENT: Kim Jacobs, Earland Mancini, Dave Auble. Chairperson Grigorov declared the meeting duly opened at 7:39 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in the Town Hall and the Ithaca Journal on September 13, 1993 and September 16, 1993, respectively, together with the Secretary's Affidavit of Service by mail of said Notice as appropriate, upon the Clerks of the Town of Ithaca and the City of Ithaca, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Assessment Department, upon the NYS Department of Transportation, upon the Commissioner of Public Works, and upon the applicants and /or agents, on September 13, 19930 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. Dave Auble addressed one else the Planning Board and stated that he would declared like to respond the meeting to the letter that the Board received from the Whitcomb's on September 13, 1993 (Hereto attached as Exhibit A) stating that Mr. Auble's version of Myrtle Whitcomb's employment with his development: company is a complete distortion by reading from a statement that he had prepared for this meeting. (Hereto attached as Exhibit B). There being no one else present that wished to speak, Chairperson Grigorov declared this segment of the meeting closed. PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 33- 3 -292, 85.52 + /- ACRES TOTAL, INTO FIVE PARCELS 3.1 + / -, 5.5 + / -, 2.4 + / -, 7404 + / -, AND 0.12 + / -- ACRES IN SIZE, WITH THE 0.12 + /- ACRE PARCEL PROPOSED TO BE CONSOLIDATED WITH THE TOWN OF ITHACA TAX PARCEL NO. 33.3.4, BACKLOT OF ELMIRA ROAD (NYS ROUTE 13) AND FIVE MILE DRIVE (NYS ROUTE 13A), LIGHT INDUSTRIAL DISTRICT. EARLAND MANCINI, D.B.A. MANCINI REALTY, OWNER; T.G. MILLER, P.C., AGENT. Planning Board 2 September 21, 1993 Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 7:46 p.m. and read aloud from the notice of Public Hearings as posted and published and as noted above. Kim Jacobs of T.G. Miller Engineers, addressed the Board as Mr. Earland Mancini's agent, and thanked them for the opportunity to present the final plat for the subdivision of Mr. Mancini's land that is located in a Light Industrial District. The most efficient way to show the Board that all of the conditions of the Preliminary Subdivision Approval that are listed in the September 3, 1991 resolution (Hereto attached as Exhibit C) have been met, was to go through them one by one and review the documentation that had been prepared to satisfy each of those conditions. (Ms. Jacob's written responses are hereto attached as Exhibit D). There being no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, WHEREAS. seconded by Herbert Finch. 1. This action is the Consideration of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 33- 3 -2.2, 85.52 + /- acres total, into six parcels 3.1 +/- (Lot 1), 5.5 +/- (Lot: 2), 2.5 +/- (Lot 3), 4.5 +/- (Lot 4), 67.7+/ - (Lot G and all remaining land to the north), and 0.12 + /- (Lot D) acres in size, with the 0.12 + /- (Lot D) acre parcel proposed to be consolidated with the Town of Ithaca Tax Parcel No. 31 -3 -4, backlot of Elmira Road (NYS Rte. 13) and Five Mile Drive (NYS Rte. 13A), Light Industrial District, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, did on September 3, 1991, make a negative determination of significance 39 This is an action for which Hearing held on September Subdivision Approval, with subdivision. NOW, THEREFORE, BE IT RESOLVED: the Planning Board, at a Public 31 1991 granted Preliminary conditions, for the proposed 16 That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. Planning Board 3 September 21, 1993 2. That the Planning Board hereby grants Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 33- 3 -2.2, 85.52 + /- acres total, into six parcels 3.1 +/- (Lot 1), 5.5 +/- (Lot 2), 2.5 +/- (Lot 3), 4.5 +/- (Lot 4), 67.7 + /- (Lot G and all remaining land to the north), and 0.12 + /- (Lot D) acres in size, with the 0.12 + /- acre parcel proposed to be consolidated with Town of Ithaca Tax Parcel No. 31 -3 -4, as shown on the subdivision plat entitled "Final Subdivision Plan for Lands of Mancini Within the Town of Ithaca Light Industrial District" prepared by T.G. Miller Associates P.C. and dated May 1993 and revised on September 16, 1993, conditioned upon the following: a. Exchange of the strips of land, shown as "Lot E" and "Lot F" on the submitted final plat, between Mancini and Stevenson, within sixty days of Planning Board approval of final plat, and prior to signing of the plat by the Planning Board Chairperson. b. Before the earlier of (a) the sale of either Lot 2 or Lot 3, or (b) the issuance of a building permit for construction of either Lot 2 or Lot 3, the entire roadway from NYS Rte. 13A westerly to the end of the cul -de -sac at Lot 2 and Lot 3 be constructed in accordance with Town specifications and deeded to the Town, and further, the existing road in from NYS Rte. 13 shall be brought up to Town specifications, deeded to the Town, and made into a one -way road for ingress only, or security (cash, bond, or letter of credit) for said construction above in the amount determined by the Town Board, after recommendation of the Town Engineer, and in a form approved by the Attorney for the Town, be provided to the Town. c. Submission. of completed and signed restrictive covenants in the form submitted to the Planning Board for this meeting, and evidence of filing in the Tompkins County Clerk's Office of said covenants, restricting the filling of any wetland areas to no more than 0.09 acres for purpose of driveway access to Lot 2 and building on Lot 2, and no more than 0.10 acres for a rear access to Lot 1, such covenant to continue in perpetuity until the State and Federal government (whichever has jurisdiction) authorized more fill, and the Town of Ithaca Planning Board consents to additional fill, such consent to be solely the discretion of the Planning Board, and including agreements as to acreage to be included for calculation of open space requirements. d. Any final use of Lot 1 shall be of such character that no significant additional traffic be created on NYS Rte. 13 and any final site plan submitted for approval shall be for a proposed use that, in the opinion of the Planning \ 9 Planning Board El September 21, 1993 Board, does not create traffic hazards on NYS Rte. 13 due to significantly increased traffic or traffic turning movements. e. The area denominated "fill" on Lot 2 be encouraged to return to wetland status by removal of the fill within 30 days, and prior to signing of the plat by the Planning Board Chairperson. f. Submission to and approval by the Town Engineer of cost estimates for those improvements necessary to bring the roadways to be dedicated to the Town of Ithaca up to Town specifications, prior to signing of the plat by the Planning Board Chairperson. g. The final plat, before signing by the Chairperson, shall be amended to show the existing water and sewer easements held by the Town. NOTE: The numbers shown in the First WHEREAS add up to approximately 83.5 + /- ares. In addition, that portion of roadway originally part of parcel 33 -3 -2.2 is 2.05 + /- acres. The Total is 85.5 + /- acres. (See Exhibit #2 which is hereto attached) There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of the Mancini Subdivision to be duly closed at 9:07 p.m. AGENDA ITEM. CONSIDERATION OF APPROVAL OF DRAFT COMPREHENSIVE PLAN. Chairperson Grigorov declared the matter of approval of the Town of Ithaca Comprehensive Plan to be duly opened at 9:09 p.m. There being no discussion regarding the Town of Ithaca Comprehensive Plan, the Chair asked if anyone would make a motion for the SEQR. MOTION by Candace Cornell, seconded by Stephen Smith: BE IT RESOLVED; that the Town Planning Board has conducted its review of the anticipated environmental impacts associated with the adoption and maintenance of the report entitled: Town of Ithaca Comprehensive Plan, and finds the following. 1 1 Planning Board 5 September 21, 1993 1. The Town of Ithaca is in need of a defined course of action to be implemented and maintained. 2. The Town of Ithaca Comprehensive Plan has undergone an extensive review process that has been coordinated with adjacent municipalities, Tompkins County Planning, City of Ithaca, Inter - municipal Sewer and Water Authorities, the new York State Department of Transportation, and the residents of the Town of Ithaca, New York. 3. Public Information Meetings have been conducted by the Town of Ithaca Planning Board on March 9, and 23, and April 6, 1.993, indicated that the public generally had some major concerns or objections to the adoption of the plan which have been considered by Town Planning staff and the Planning Board. 4. A Public ]searing was conducted by the Town of Ithaca Planning Board on August 31, 1993, and the Board considered comments received (both pro and con), on the Plan's adoption and maintenance. 50 The Comprehensive Plan identifies areas of the Town of Ithaca that possess environmental features affecting development and establishes goals, objectives, and recommendations for guiding municipal board decisions on future development proposals based on the environmental criteria :set forth in Article 8 of the Environmental Conservation Law, State Environmental Quality Review (SEQR) Regulations, Part 617. 6. Development constraints, opportunities, goals, objectives, and recommendations have been adequately identified. in the proposed Comprehensive Plan in a manner to preserve the integrity of the Town's existing environment to the maximum feasible extent. Future site specific environmental determinations will be required for all development and will be coordinated with the Plan. 7. The Plan establishes a specific direction for the Town of realize facilities and services to achieve the land use and development goals set forth in the Comprehensive Plan. 80 Compared with the criteria listed in Section 617.11 of SEQR Regulations, all indications are that the proposed action if followed will not cause substantial adverse change in community character, aesthetics, design and /or natural features. Planning Board E September 21, 1993 9. Coordinated review of the proposed Town of Ithaca Comprehensive Plan and the SEQR procedures find that the adoption of the Plan will most likely have positive effects that will enhance the protection of the Town's environment and, therefore, will not have potentially significant, or damaging impacts on the environment in the Town of Ithaca, Tompkins County, New York. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Candace Cornell, seconded by Stephen Smith. WHEREAS, the Planning Board of the Town of Ithaca on December 5, 1989 made recommendation to the Town Board that, among other items, a Comprehensive Planning Committee be established to prepare a Comprehensive Plan for the Town, and WHEREAS, the Town Board of the Town of Ithaca established the Comprehensive Planning Committee on February 12, 1990 to perform various special planning tasks for the Town and to prepare a draft comprehensive plan, and WHEREAS, the Comprehensive Planning Committee, assisted by Town Staff and Stuart I. Brown Associates (planning consultants), has. surveyed residents of the Town of Ithaca; conducted inventories of the Town; prepared statements of goals, objectives, and recommended actions; discussed and deliberated various Town planning issues; considered various alternatives; conducted public information meetings on various; draft documents; sought comment from Town Boards and Committees, interested residents, and other agencies, and WHEREAS, the Comprehensive Planning Committee, assisted by Town Staff and Stuart I:. Brown Associates, has submitted a draft comprehensive plan, and WHEREAS, Section 272 -a of New York Town Law presently specifies that the Planning Board is responsible for the adoption and maintenance of a Town's Comprehensive Plan, and WHEREAS, the Planning Board held three neighborhood meetings during March and April 1993, one on East Hill, one on South Hill, and one on West Hill, and Planning Board 7 September 21, 1993 WHEREAS, the Planning Board has solicited public comment on the draft Town of Ithaca. Comprehensive Plan both during and after these neighborhood meetings, and considered all comments received, and WHEREAS, the Planning Board on August 31, 1993 held a Public Hearing on the draft. Town of Ithaca Comprehensive Plan to consider further public comment, and Comprehensive WHEREAS, the Planning Board at its September 21, 1993 Meeting considered that comment and believes the draft Comprehensive Plan is now ready for adoption, and WHEREAS, the Planning Board by resolution adopted on September 21, 1993, determined that the adoption of the Comprehensive Plan would not have any significant adverse environmental impacts; NOW, THEREFORE IT IS RESOLVED, that on September 21, 1993, the Planning Board hereby adopts this Comprehensive Plan as the Town of Ithaca Comprehensive Plan. There being no, further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Carolyn Grigorov stated the she felt that the Planning Board should thank the Comprehensive Planning Committee and the citizens of the Town of Ithaca that participated in the process. Board Member Candace Cornell stated that Stephen Smith and Carolyn Grigorov deserve thanks as the Planning Board's representatives. MOTION by Herbert Finch, seconded by Candace Cornell. RESOLVED, that the Planning Board extends its appreciation to the Comprehensive Planning Committee, the citizens of the Town of Ithaca that participated in the process of preparing the Comprehensive Plan, the Town of Ithaca Planners, Engineers, and Attorneys for their diligent efforts in preparing the Town of Ithaca Comprehensive Plan. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. Planning Board 8 September 21, 1993 The MOTION was declared to be carried unanimously. Town Attorney John Barney then went on to comment Town Planner, Floyd Forman, and his staff for their role in bringing the Plan to fruition. Town Planner Floyd Forman thanked his staff, Ron Brand, and Daniel Walker, for their of the adoption of help and hard work on this project. There being no further discussion, Chairperson Grigorov declared the matter of the adoption of the Town of Ithaca Comprehensive Plan to be duly closed at 9:56 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH REGARD TO PROPOSED REVISIONS TO THE TOWN OF ITHACA ZONING MAP, SAID REVISIONS REFLECT OFFICIAL CHANGES TO SAID ZONING MAP WHICH HAVE OCCURRED AS A RESULT OF RECENT REZONINGS ENACTED BY THE TOWN BOARD. Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 10:01 p.m. and read aloud from the Notice of Public Hearings as posted and as published and as noted above. Town Planner Floyd Forman stated change made along Seven Mile Drive since Board discussed this. Mr. Forman, for Ocello for, all of the time and hard work is very much appreciated. that there was a rezoning the last time the Planning the record, thanked Mike he put into this, his work There being no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by Robert Kenerson, seconded by Virginia Langhans. RESOLVED, that the Planning Board hereby recommends to the Town Board the Adoption of the Zoning Map as revised on September 20, 1993, as the official Town of Ithaca Zoning Map. The same is attached hereto. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. The MOTION was declared to be carried unanimously. (The above referenced is attached hereto as Exhibit #4.) Planning Board 0 September 21, 1993 Chairperson Grigorov declared the matter of revising the Town of Ithaca Zoning Map to be duly closed at 10 :05 to offer p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH REGARD TO A PROPOSED AMENDMENT TO THE TOWN OF ITHACA ZONING ORDINANCE TO ALLOW THE PLANNING BOARD TO WAIVE UP TO TWENTY PERCENT OF THE REQUIRED PARKING IN BUSINESS AND INDUSTRIAL DISTRICTS. Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 10:06 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. There being no discussion at this time, the Chair asked if anyone were prepared. to offer a motion. MOTION by Virginia Langhans, seconded by Candace Cornell: RESOLVED, that the Planning Board hereby recommends to the Town Board the Adoption of the Proposed Local Law No. for the Year 1993 entitled "A local law to amend the Town of Ithaca Zoning Ordinance provisions relating to waivers of parking requirements in Business and Industrial Districts ". The same is attached hereto. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell. Nay - None. The MOTION was declared to be carried unanimously. (The Local Law referred to in the above resolution is hereto attached as Exhibit #5) Chairperson Grigorov declared the matter of the amendment to the Town of Ithaca Zoning Ordinance to allow the Planning Board to waive up to twenty percent of the required parking in Business and Industrial Districts duly closed at 10:14 p.m. AGENDA ITEM: REPORT OF THE TOWN PLANNER. Town Planner Floyd Forman addressed the Board and stated that he wanted to invite them to attend a Codes and Ordinance Committee meeting held on September 29, 1993, at 7:00 p.m. Mr. Forman stated that the topic for discussion at that meeting would be elderly housing, with Professor Pollock speaking. Planning Board 10 September 21, 1993 AGENDA ITEM: OTHER BUSINESS. Chairperson Grigorov stated that there was no other business to come before the Board. ADJOURNMENT Upon Motion, Chairperson Grigorov declared the September 21, 1993 meeting of the Town of Ithaca Planning Board duly adjourned at 10:19 p.m. Respectfully submitted, 461 `t k StarrRae Hays, Recording Secretary Town of Ithaca Planning Board Mancini Realty wive- Parcel Subdivision Backlot, Elmira Road (NYS Rte. 13) and Five Mile Drive (N-YS Rte. 13A) Preliminary Subdivision Approval Planning Board, September 3, 1991 prepared materials s issue modifications that addres have raised t d u been made to the Planning Board Public Hearing plat, including modifications to lot lines and sizes and propose public roads. September 3, 1991, 5• The Planning Board, at Public Hearing Assessment Sep part I, reviewed a revised Long Environmeri eigned✓ George Form, R. Frantz and a revised Parts II and II u�st 29, 1991, a proposed plat Assistant Town Planner, on Aug entitled "Preliminary Plat for Lands of Mancini W1991,, revised dated May 17, Ithaca Light Industrial District "199a prepared by T. G. Miller August 30, 1991 and September 3► application materials for this Associates,. P.C., and other submission. THEREFORE, IT IS RESOLVED: rant Preliminary That the Planning Board grant and hereby does g ubdivision Approval to the proposed - Subdivision by Earland Mancini, S of Town of Ithaca Tax Parcel No. 6- 33- 3 -2.2, d /b /a Mancini Realty, plat for Lands located backlot of Elmira Road (NYntRte. ed 13) and Plat Drive n Rte. 13A), as shown on the plat e dated May Of Mancini Within Town of Ithaca Light Industrial District", repared by t 30, 1991 and September 3, 19911 171 1991, revised August subject to the following conditions: T. G. Miller Associates, P.C•, 7 +- • the Zoning Board of Appeals of a variance for the 1. Granting by following matters: by T. G. Miller Associates, for this submission* P.C., and other application 4. Certain 6, 1991 proposed ed a.. The front yard of the the Zoning Ordinance. b. Authorization as part of the Mancini lot is less than permitted by to include a portion of the buffer area for Lot 30 c• Such other matters as plan to become legally 2. Exchange of the road can the Mancini east lines. may be necessary effectiveo strips of land between Mancini be constructed adjacent to the parcel between Route 13A and residential area to permit the site and Stevenson so that former north line of the Mancini /Anderson or 3. Before the earlier of (a) the sa t for hconstoructi n on t either (b) the issuance of a building permit Route 13A westerly to the Lot 2 or Lot 3, the entire roadway and 3 be constructed in end of the cul de sac at Lots 2 Exhibit #1 9/21/93 Minutes -4- Mancini Realty Five - Parcel. Subdivision Backlot, Elmira Road (NYS Rte. 13) and Five Mile Drive (NO'S Rte. 13A) Preliminary Subdivision Approval 11 Planning Board, September 3, accordance with Town bond, or specifications 1 tter and deeded credit) to the h an Town, amount security (cash, determined by the Town Board, after recommendation of the Town Engineer, and in a form approved by the Attorney for the Town, be provided to the Town. 40 Provision be made for access from the proposed road to the rear of Lot 1 and the Axenfeld lot by deed restriction aortdeclaration approved by the Town Attorney, which access may, Board's discretion, be mandated or terminated when an actual site plan for Lot 1 is approved by the Planning 50 Restrictive covenanted s, s and lrecorded prio r (b) t o Planner n atsfactory to the earlier of Town (a) Attorney, be provided or (b) the issuance of a the sale of either Lot 2 or Lot 31 restricting the building permit for either Lot 2 or Lot 3► ur ose of filling of any wetland to no more than .09 acres for p P driveway access to Lot 2 and building on Lot 21 and no more than .,1, acres for a rear access to Lot 1, such covenant to continue perpetuity until the State or Federal government (whichever authorizes more fill, and the Town of Ithaca L j . has jurisdiction) such consent to be Planning Board consents to additional fill, solely in the discretion of the Planning Board. 6. Prior to final site plan approval, approval by the Town Attorney of an agreement pursuant to which the Developer agrees that in exchange for not requiring any dedicated present space subdivision may the present subdivision, the acreage in the be added to the remaining undeveloped acreage of Mancini (approximately 75 acres) making an approximate total of 855 acres, for purpose of determining the required set -aside for open space in connection with the development of the remaining 705 ±locres (i.e., if the total acreage were 85 acres, 8.5 acres, rk the total acreage may be required 0 to ofbthe et aside then befor purposes rather than 7.5 acres - developed). of Lot 1 7. Any final use additional t afficlbe e created con character 13 and any significant a roval shall be for a proposed final site plan submitted for app Board, does not create use that, in the opinion of the Planning nificant increased traffic traffic hazards on Route 13 due to significant or traffic turning movements. the 8e Upon completion of the road all the way e brought Re uu to Town existing road in from Route 13 Shand made into a one-way road specifications, deeded to the Town, for ingress only. 9n Lot 2 be restored to a wetland , The area denominated "fill" o Mancini Realty Five - Parcel Subdivision Backlot, Elmira Road (NYS Rte. 13) and Five Mile Drive (NYS Rte. 13A) Preliminary Subdivision Approval 1991 Planning Board, September 3, status by removal of the fill and allowing the wetland plants to revegetate. The location of the proposed roads be approved by the Town Board prior to any final site plan approval. 10 . AND, IT IS FURTHER RESOLVED: That it is the understanding of this Board that there will be no variances granted for construction on Lot 1. Aye - Kenerson, Baker, Smith, Hoffmann, Aronson. Nay - None. CARRIED UNANIMOUSLY. Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. September 23, 19910 Town of Ithaca Zoning Board of Appeals February 26, 1992 The last Appeal to SATISFIES PLANNING BOARD CONDITION NO. 1 be heard by the Board was the following: on APPEAL OF EARLAND MANCINI, DBA MANCINI REALTY, APPELLANT, T.G. MILLER ASSOCIATES, PC, AGENT, REQUESTING VARIANCES FROM THE REQUIREMENTS OF ARTICLE VIII, SECTION 44, PARAGRAPH 2, OF THE TOWN OF ITHACA ZONING ORDINANCE FOR THE CREATION OF A BUILDING LOT, KNOWN AS LOT #4, THAT WILL RESULT IN AN EXISTING BUILDING HAVING A FRONT YARD SETBACK OF 35 (+ OR -) FEET (150 FEET BEING REQUIRED) AND A SOUTH SIDE YARD SETBACK OF 35 (+ OR -) FEET (60 FEET BEING REQUIRED). A VARIANCE FROM THE REQUIREMENTS OF ARTICLE VIII, SECTION 45, PARAGRAPH Sr IS ALSO REQUESTED FOR THE CREATION OF A BUILDING LOT, KNOWN AS LOT #3, WITH A PROPOSED BUILDING TO BE LOCATED 1 (+ OR -) FOOT FROM A RESIDENTIAL DISTRICT BOUNDARY LINE (A 50 -FOOT BUFFER BEING REQUIRED BETWEEN A STRUCTURE IN A LIGHT INDUSTRIAL ZONE AND THE BOUNDARY LINE OF A RESIDENTIAL ZONE).. HOWEVER, THE REQUIRED 60 -FOOT BUILDING SETBACK FROM A PROPERTY LINE WILL BE MAINTAINED. SAID BUILDING LOTS ARE A PART OF A PROPOSED SUBDIVISION OF LANI) LOCATED AT 608 ELMIRA ROAD, TOWN OF ITHACA TAX PARCEL NO. 6- 33- 3 -2.2, LIGHT INDUSTRIAL DISTRICT. Ms. Kim Jacobs, T.G. Miller Associates, explained to the Board the background of this project. Mr. Andy Frost presented photos of the area in question. Town Attorney Barney gave some background history of the Mancini properties in question. Chairman. Austen opened the public hearing. No one appeared to address the Board. Chairman Austen closed the public hearing. Ms. Jacobs answered questions from Board members regarding the wetland in the area and. the buffer zone. MOTION: By Mr, Edward Kind, seconded by Mr. Robert Hines: RESOLVED, that the Town of Ithaca Zoning Board of Appeals grant and hereby does grant a variance for the sideyard setback of the southernmost building on Lot #4, accepting the fact that it is 35 feet from the south lot line rather than 60 feet, and be it further RESOLVED, that a further variance is granted for the front yard setback of the northerly building from the existing roadway, that setback being only 35 feet, whereas normally 150 feet is required in a Light Industrial Zone, and be it further Exhibit #2 9/21/93 Minutes IffiTown of Ithaca Zoning Board of Appeals Webruary- 26, 1992 RESOLVED, that, as to Lot #3, the permit the use and inclusion the southwest corner of the lot, part zone, for the required buffer for building within this zone 60 feet residential zone, and be it further Board of Zoning Appeals :riangular portion at the which is in a residential Lot #31 for placing a away from the adjacent RESOLVED, that these variances all the conditions set gfort upon by the petitioners complying wit approval of this Planning Board and ultimately obtaining subdivision from the Planning Board. A vote on the motion resulted as follows: Ayes - King, Hines,, Reuning, Austen, Scala. Nays - None. The motion carried unanimously. [The Adopted Resolution of the Exhibit #7,g Board, dated September 31 1991, is attached hereto as Adjournment Upon motion, p.m. the meeting was adjourned by the Chair at 9:00 Connie J• Recording APPROVED: Edward Austen, Chairman Holcomb Secretary SATISFIES PLANNING BOARD CONDITION NO. 2 AGREEMENT FOR THE CONVEYANCE OF REAL PROPERTY This agreement made this 14th day of September, 1993, by and between Earland Mancini and Robert Mancini d /b /a Mancini Realty (herein "Mancini "), owner of property designated as Lot F on final subdivision plat (herein "subdivision plat ") for lands of Mancini within the Town of Ithaca Light Industrial District, prepared by T.G. Miller, P.C., Allen T. Fulkerson, L.S., #049269 dated May, r 16, 1993 and Benjami 1993, and revised Septembe n and Stevenson Real Estate Co. (herein "Benjamin and Stevenson "), a partnership doing business in the County of Tompkins, State of New York and the owner of property designated as Lot E on the subdivision plat. WHEREAS Mancini desires to acquire Lot E on the subdivision plat and Benjamin and Stevenson desire to acquire Lot F on the subdivision plat; NOW THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto agree as follows: 1; Conveyance o ts: Mancini agrees to convey to Benjamin and Stevenson Lot F and Benjamin and Stevenson agree to convey to Mancini Lot E; each lot is shown on the subdivision plat. 2. Deed /Title Search: Each party is to furnish a good and sufficient full covenant warranty deed with lien covenant to the premises, a survey of the property, ten -year (10) tax searches, and an abstract company title search covering at least forty (40) years to time of transfer, showing good and marketable title, free of liens and encumbrances, except restrictions running with the land, common to the tract or subdivision, common driveways, and all rights of way and easements heretofore granted to public utility corporations. 30 objections toto =1e* Each party's attorney shall have abstract and legal papers for examination at least five (5) days before closing. If defects are found in title as shown by abstract, Seller shall have a reasonable time to cure any Objections to marketability of title. 4, Closing: The transfer is to be completed at the office n August 25, 1993, or as soon thereafter of Harris, Beach & Wilcox o nal subdivision approval by the Town of as Mancini shall receive fl Ithaca. Each party :hall pay the applicable Transfer Tax for the art shall pay the parcel which he shall convey and each party applicable_ recording fees for the property which he shall acquire. 5, Adjustments: Each party shall pay all currently outstanding taxes levied on the parcel which that party shall convey under the terms of this agreement. Further adjustments of taxes are,waived. 6, possession: possession of premises shall be delivered at closing. 7. Binding Effect: This offer shall remain open and good until it expires by its terms, and if accepted, shall constitute urchase and sale, and it shall bind the a binding contract of p heirs, executors and assigns of both Buyer and Seller. In Witness Whereof, the parties hereto have set their hands and seals the day and year first above written. MA((NCINIpp REALTY EARLAND MAN INI, Partner i BEND IN &iSTEVENSON REAL ESTATE CO. Jer'y Ste enson, Partner V CONDITION NO. 3 To satisfy Preliminary Subdivision Approval Condition No. 3 the Final Subdivision Approval will condition the following: Before the earlier of (a) the sale of either Lot 2 or Lot 3 , or (b) the issuance of a building permit for construction on either 13A westerly to Lot 2 or Lot 3, the entire roadway from a Rout3 be constructed tin end of the cul de sac at Lo d to the Town, or accordance with Town specifications and deede security (cash, bond or letter of credit) in an amount determined by the Town Board, after recommendation of the Town ved by the Attorney for the Town, be Engineer, and in a form appro provided to the Town. SATISFIES PLANNING BOARD CONDITIONS NO. a, 51 & 6 This Declaration of Restrictive Covenants and Easement is adopted, declared and established this 16th day of September, 1993 by Earland Mancini, residing at 19189 North 67th Drive, Glendale, Arizona 85308 and Robert Mancini, residing at 61 Flores Del Norte, Fort Pierce, Florida 34951 d /b /a Mancini Realty and the owner of an 85.52± acres parcel of property situate at 608 Elmira Road in the Town of Ithaca, County of Tompkins, State of New York and designated as Town of Ithaca Tax Parcel #6- 33 -3 -2.2 (herein "Mancini premises "). W I T N E S S E T H: WHEREAS, the Town of Ithaca Planning Board issued its Preliminary Subdivision Approval on September 3, 1991 for the Mancini premises, constituting a Five - Parcel Subdivision located on bank lot of Elmira Road (New York State Route 13) and Five Mile Drive (New York State Route 13A) and WHEREAS, the Preliminary Subdivision Approval was conditioned upon certain requirements, including the establishment of certain restrictions and easement; NOW? THEREFORE, in order to comply with conditions Number 1141'r 115" and .11611 of the Preliminary Subdivision Approval, and for other good and valuable consideration, the undersigned hereby adopts, declares and establishes the following restrictions and easements; 1. Easement. There is hereby established an easement for ingress and egress, including vehicular traffic, for the benefit of Lot 1 over and across Lot 2 as shown on the subdivision map entitled Final Subd. Town of Ithaca Light P.C. dated May, 19 "subdivision map ") Lvision Plat for Lands of Mancini within the Industrial District prepared by T. G. Miller, 93, and revised September 16, 1993 (herein between the cul de sac at the end of the proposed roadway to be known as Mancini Drive from New York State Route 13A Westerly to Lots 2 and 3, more particularly bounded and described as follows: Commencing at a point located in the easterly line of Lot No. 1 on the aforementioned subdivision map, said point also being located in the westerly line of lands reputedly of Axenfeld as described in Liber 645 of Deeds at Page 642, said point being located S21°- 47' -Ol "E; a distance of 50.00 feet from an iron pin marking the northwest corner of lands of Axenfeld, Running thence S680- 12' -59 11W for a distance of 30.00 feet to a point, Running thence N210- 47' -01 "W passing through the northerly line of Lot No. 1 at a distance of 108.39 feet and continuing through Lot No. 2 for a total distance of 289.26 feet to a point in the cul de sac at the western terminus of a proposed Town road to be designated as Mancini Drive, Running thence southeasterly along a southerly line of the cul de sac for an arc distance of 5.34 feet, to a point, said course having a chord bearing and distance of N73 °- 37' -01 "E - 5.33 feet, to an iron pin that. marks the point of tangency, the point of intersection of the southerly line of Mancini Drive with the beginning of the cul de sac, Running thence N710- 43' -15 11E along the southerly line of Mancini Drive, also being along the northerly line of Lot No. 2 for a distance 24.74 feet to a point, Running thence S21 0--47' -01 11E. passing through at the northeasterly corner of Lot Now 1 at feet, continuing and passing through an iron northwesterly corner of Axenfeld at a distanc a total distance of 287.25 feet to the beginning@ an iron p: a distance pipe which e of 237.25 point and Ln located of 174.48 marks the feet, for place of Said parcel contains 0.198 acres. Provided further, that this easement shall not be terminated, except upon the approval of the Town of Ithaca Planning Board. 2. Wetlands. No part of the T.E.S. designated wetland area (2.13 acres net) as shown on the subdivision map shall be filled, except as follows: a. For the purpose of constructing driveway access to Lot 2 and a building on Lot 2, the maximum permitted fill shall be 0.09 acres total. b. For the purpose of constructing a driveway providing rear access to Lot 1, the maximum permitted fill shall be 0.10 acres. C. This restriction shall continue until such time as the State, Federal or other governmental agency having jurisdiction authorizes additional. fill and the Town of Ithaca Planning Board, in its sole discretion, consents to additional fill. 39 RestrictivE, Covenant on Remainder of Mancini Premises. The remainder of the Mancini premises i.e. the portion not included within the Light Industrial District, constituting approximately 67.70 + /- acres shall be subject to a required set -aside for open space computed by adding: (1) the amount of the applicable set - aside requirement for the remaining 67.70 acre parcel, as such requirement may exist at the time such parcel is further subdivided, plus (2) ten percent (10 %) of the acreage of the Mancini subdivision within the Light Industrial District (approximately 17.82 acres) or 1.78 acres. For example, if the required set -aside is twelve percent (12 %) at the time of such further subdivision, then the set -aside shall be: 67.70 acres x .12 = 8.12 acres + 1.78 acres 9. 00 acres This restriction shall not be terminated except on approval of the Town of Ithaca Planning Board. These restrictions and easement shall 4, Binding Effecte run with the land and bind the undersigned, his grantees and the f the parcels affected and their heirs and successive owners o assigns forever. IN WITNESS WHEREOF, the undersigned has set his hand and seal the day and year first: above written. MANCINI REALTY By STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss.: EARLAND MANCINI, PARTNER On this 160 day of September, 1993, before me personally came Earland Mancini, to me known and known to me to be the person described in and who executed the foregoing instrument and he acknowledged to me that he executedIe ame. — Notary Public MARK B WHEELER Notary PuNoC, St4 New York te of ()uaiified in Tompkins County Comm scion Expires March 30, 199:Z SATISFIES PLANNING BOARD CONDITION NO, 7 To satisfy Preliminary Subdivision Approval Condition No. 7 the Final Subdivision Approval will condition the following: Any final use of Lot 1 shall be of such character that no significant additional traffic be created on Route 13 and any final site plan submitted for approval shall be for a proposed use that, in the opinion of the Planning Board, does not create traffic hazards on Route 13 due to significant increased traffic or traffic turning movements. SATISFIES PLANNING BOARD CONDITION NO. 8 To satisfy Preliminary Subdivision Approval Condition No. 8 the Final Subdivision Approval will condition the following: Upon completion of the road all the way in existing road in from Route 13 shall be specifications, deeded to the Town, and made for ingress Only. from Route 13A, the brought up to Town into a one -way road Fill material in the area of Lot 2 adjacent property line has been removed and this area to re- vegetate. t TISFIES PLANNING BOARD CONDITION NO. 9 to the easterly I s being allowed capy TOWN OF ITHACA ENGINEERING MEMORANDUM SATISFIES PLANNING BOARD CONDITION NO. 10 TO: File FROM: Dan Walker, Town Engineer SUBJECT: Engineering Review of Mancini Subdivision Road Plans DATE: July 23, 1993 I have reviewed the Mancini Drive Improvements Plan, progress plans dated July 7, 1993, prepared by T.G. Miller, P.C. Engineers, and have found them to be in compliance with the Town of Ithaca road specifications and consistent with design elements discussed with the Highway Superintendent during the preliminary design process. I note two minor items to be confirmed: 1s a note on sheet: 1 of 8 indicating that traffic signage is to be provided by the Town of Ithaca, 2a existing water and sewer easements have not been shown on the plan. MANCIN02 /REVMEMO /09/26/30/DRW/ xc: Fred Noteboom, Acting Highway Superintendent Floyd Forman, Town Planner Andy Frost, Building Inspector /Zoning Officer LLr C r.' I, L) U NOOULI 0'.U1 V ,0-�,- )) Lot::z, 1044ho ll� V 4 l 0) wmmm o� ts�*vA e $o =- 5 �;�: O�D csv, :e a "13-J�aY '5= 8�•5a - /5.65' Exhibit #3 9/21/93 Minutes /t5j 6yY c c rc 41 /Zal 24 Z / AC 3 -2. Z r1 S1 W ►-4 w w M i r TOWN OF ITHACA OWN OF NEWFIELD � v n l� vt' VL1 4`IJ�J RG RESIDENCE DISTRICT RS C Rai RESIDENCE DISTRICT Rai D RIG RESIDENCE DISTRICT RIG E R30 RESIDENCE DISTRICT R30 LI MR MULTIPLE RESIDENCE DISTRICT 1 A BUSINESS DISTRICT A AG 13 BUSINESS DISTRICT B g . . � 1 . CAYUGA LAKE TOWN OF IT76IACA CITY OF ITHACA TOWN OF DANDY BUSINESS DISTRICT C BUSINESS DISTRICT D BUSINESS DISTRICT E LIGHT INDUSTRIAL DISTRIC 'r INDUSTRIAL DISTRICT AGRICULTURAL DISTRICT SPECIAL LAND USE DISTRI(r T . • � . . � . . � . s _ • . � . . VILLAGE OF CAYUGA HEIGHTS . . r . . r . . � • 6 CITY OF ITHACA NOTE. Refer also to Town Of Ithace Zoning Ordinance Article 111, Section 3, and to Town Beard local laws and ordinances rezoning certain areas for additional information on spcciflo boundaries. VILLAGE OF LANSING .y TOWN OF ITHACA ZONING MAP TOWN OF ITHACA 126 EAST SENECA ST. ITHACA, N.Y. 14850 0 1000 2000 3000 4000 REVISED: 9/20/99 l�] N T Exhibit # 1 I v s rn w 0 Z a H 9/21/93 Minutes LOCAL LAW NO. FOR THE YEAR 1993 A LOCAL LAW TO AMEND THE ZONING ORDINANCE PROVISIONS RELATING TO WAIVERS OF PARKING REQUIREMENTS IN BUSINESS AND INDUSTRIAL DISTRICTS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Zoning Ordinance of the Town of Ithaca, as readopted, amended, and revised effective February 26, 1968 and thereafter further amended, be further amended as follows: 1. Section 38, Subparag:-aph 1, is amended by adding the following at the end thereof. "Notwithstanding the foregoing, if an existing or proposed project meets the following criteria, the Planning Board may authorize the required minimum number of parking spaces to be reduced by no more than 20%. The criteria are as follows: (a) The project involves construction of a building, or one or more buildings as part of the same project, with a total floor area of more than 20,000 square feet. (b) The occupancy of the building or buildings is intended to be multiple use (e.g., an office building together with a restaurant or retail store, etc.). (c) 'The reduction in the number of parking spaces will not adversely affect traffic flow on the project site, will leave adequate parldng for all of the reasonably anticipated uses or occupancies in the project, and will not otherwise adversely affect the general welfare of the community. If the Planning Board permits a spaces, the Planning Board may ii judgment of the Planning Board, meet the criteria set forth above. Planning Board, such reduction conditions: reduction in the required number of parking npose such reasonable conditions as may, in the be necessary to assure that such reduction will In any event, unless expressly waived by the shall be subject to the following additional (d) Any space that is made available by the reduction in the required number of parking spaces may not be used for construction of any structures. (e) Any land made available by virtue of such reduction be landscaped with grass or other vegetation approved by the Planning Board. Exhibit # 5 9/211/93 11inutes parking.U. wp51Wh11oca11aw, , 07107193 3:02pm (f) If, any time within five years after construction of the project, the parkin; is found to be inadequate because the demand for parking spaces on the project site exceeds on more than two occasions annually the number of parking spaces available; or the traffic flow through the parking area creates an undesirable or hazardous condition by reason of the reduction of parking spaces; or (iii) there is repeatedly undue congestion in the parking areas by reason of the reduction of parking spaces; then the developer or subsequent owner of the project will install additional parking spaces up to the minimum number that would have been otherwise required by the terms of this ordinance without granting any reduction. Unless waived by the Planning Board, the granting of the requested reduction in parking shall be conditioned on the developer or applicant executing an agreement in form acceptable to the Planning Board and acceptable for recording in the Tompkins County Clerk's Office agreeing to install the additional parking spaces as may be required by the above conditions. In the event there is any significant change in use, or a subdivision of the project site, or a sale of a portion of the site, with respect to which a reduction in the required number of parking spaces has been granted, such change, subdivision, or sale may be conditioned upon a requirement that additional parking spaces be required up to the minimum that would have otherwise been required but for the reduction granted pursuant to these provisions." 2. Section 45, Subparagraph 1 is amended by adding at the end thereof the following: "Notwithstanding the foregoing, if a proposed project meets the criteria set forth for reduction of required parking spaces as set forth above with reference to business districts (see Section 38, Subparagraph 1), the Planning Board may authorize the minimum number of parking spaces to be reduced by no more than i 2 panidng.11, wp511 irh Ilocallaw, , 07/07193 8:02prn 200. If the Planning Board permits such a reduction, the Planning Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the General welfare of the community. In any event, unless expressly waived by the Planning Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions." 3. Section 50, Subparagraph 1, is amended by adding at the end thereof the following, "Notwithstanding the foregoing, if a proposed project meets the criteria set forth for reduction of required parking spaces as set forth above with reference to business districts (see Section 38, Subparagraph 1), the Planning, Board may authorize the minimum number of parking spaces to be reduced by no more than 210%. If the Planning Board permits such a reduction, the Planning, Board may impose such reasonable conditions, including the conditions set forth with respect to reductions of parking spaces in business districts, as may, in the judgment of the Planning Board, be necessary to assure that such reduction will not cause congestion, create undesirable traffic flows or hazards, or otherwise be adverse to the general welfare of the community. In any event, unless expressly waived by the Planning, Board, such reduction shall be subject to the same mandatory conditions as are set forth with respect to business district parking area reductions." ection 2. In the event that any portion of this local law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of the State of New York, whichever is later. 3