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HomeMy WebLinkAboutPB Minutes 1994-09-06I TOWN OF ITHACA PLANNING BOARD SEPTEMBER 6. 1994 FILED TOWN OF ITHACA Da4� Clert The Town of Ithaca Planning Board met in regular session on Tuesday, September 6, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York at 7:30 p.m. PRESENT: Chairperson Robert Kenerson, Gregory Bell, Eva Hoffmann, James Ainslie, Herbert Finch, Stephen Smith, George Bayer, Candace Cornell, Jonathan Kanter (Town Planner), George Frantz (Assistant Town Planner), Daniel Walker (Town Engineer), John Barney (Town Attorney). ALSO PRESENT: Rev. Robert N. Lovelace, Carolyn Grigorov, Ephraim M. Tomlinson, Aafke Steenhuis, Ernie A. Bayles, Lilly Be Westbrook, Joseph P. Westbrook, Fred Pritt, G.D. Blanpied, Ralph Varn, Larry Fabbroni, Deborah O'Connor, Jerrold Davis, Arno Selco, Stephen Amato, Catherine Valentino. Chairperson Kenerson declared the meeting duly opened at 7 :30 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on August 29, 1994 and August 31, 1994, 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 Clerks of the City of Ithaca and the Town of Ulysses, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate on September 1, 19940 Chairperson Kenerson read the Fire Exit Regulations to those assembled, as required by New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Chairperson Kenerson asked if anyone from the public wished to speak. No one spoke. Chairperson Kenerson closed this portion of the meeting. AGENDA ITEM: APPROVAL OF MINUTES - 8/16/94. MOTION by James Ainslie, seconded by George Bayer: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of August 16, 1994, be and hereby are approved with the following correction: On Page 9, Paragraph 3, First Sentence - Attorney Barney asked if the cooperative could cut of the electric, water, and sewer supply. - Should be changed to read - "Attorney Barney asked if the cooperative could cut off the electric, water, and sewer supply." There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Ainslie, Finch, Smith. Nay - None. Abstain - Cornell, Hoffmann. The MOTION was declared to be carried. N Planning Board 0� September 6, 1994 PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF APPROXIMATELY 0.44 + /- ACRES FROM TOWN OF ITHACA TAX PARCEL NO. 61 -1 -15.1, 1.21 + /- ACRES TOTAL AREA, LOCATED AT 126 SNYDER HILL ROAD, FOR CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL NO. 61 -1 -14.2, LOCATED AT 4 SUGARBUSH LANE, RESIDENCE DISTRICT R-15. CAROLYN J. AND GRIGOR P. GRIGOROV, OWNERS /APPLICANTS. Chairperson Kenerson declared the Public Hearing in the above -noted matter duly opened at 7:35 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Carolyn Grigorov of 126 Snyder Hill Road, addressed the Board and stated that she and her husband would be selling their home and their neighbors, Roald and Eva Hoffmann, wanted to buy the land between the two houses so that no one could buy that land as a separate lot. Board Member Stephen Smith stated that the land consolidate did not have to be consolidated with 0.44 the Hoffmann's + /- acre into property because it is a legal lot. Board Member Candace Cornell asked Ms. Hoffmann if she planned to consolidate the 0.44 + /- acre into her lot. Eva Hoffmann of 4 Sugarbush Lane responded, yes. There being no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by James Ainslie: 1 1:1:x;7: ;_R� 16 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of approximately 0.44 acres from Town of Ithaca Tax Parcel No. 61 -1 -15.1, 1.21 +/- acres total area, located at 126 Snyder Hill Road, for consolidation with Town of Ithaca Tax parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane, Residence District R -15. Carolyn J. and Grigor P. Grigorov, Owners /Applicants. 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 September 6, 1994, 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 "Survey Map, No. 126 Snyder Hill Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., Engineers and Surveyors and dated June 10, 1994, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed action, as proposed; 9 Planning Board NOW, THEREFORE, BE IT RESOLVED: K, September 6, 1994 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 - referenced action as proposed and, therefore, neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. MOTION by Candace Cornell, .1VI� seconded by Gregory Bell. 10 This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of approximately 0.44 acres from Town of Ithaca Tax Parcel No. 61 -1 -15.1, 1.21 +/- acres total area, located at 126 Snyder Hill Road, for consolidation with Town of Ithaca Tax Parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane, Residence District R -15. Carolyn J. and Grigor P. Grigorov, Owners /Applicants. 2. The Planning Board, at a Public Hearing held on September 6, 1994, 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 "Survey Map, No. 126 Snyder Hill Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., Engineers and Surveyors and dated June 10, 1994, and other application materials, and 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 September 6, 1994, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED: 10 That the Town of Ithaca Planning Board requirements for Final Subdivision Approval, Subdivision Checklist, having determined from that such waiver will result in neither a si the purpose of subdivision control nor the implied by the Town Board. hereby waives certain as shown on the Final the materials presented gnificant alteration of policies enunciated or 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of approximately 0.44 acres from Town of Ithaca Tax Parcel No. 61 -1 -15.1, 1.21 +/- } Planning Board 2 September 6, 1994 acres total area, located at 126 Snyder Hill Road, as shown on a survey entitled "Survey Map, No. 126 Snyder Hill Road, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C., Engineers and Surveyors and dated June 10, 1994, for consolidation with Town of Ithaca Tax parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane, subject to the following conditions. the Town of a. The lands being subdivided shown as "Parcel B" on the survey map shall be transferred to the owners of and consolidated with Town of Ithaca Tax Parcel No. 61 -1 -14.2, located at 4 Sugarbush Lane within six months of the date of this approval. b. If not so conveyed and consolidated, this subdivision approval shall be terminated and void. c. Submission of an original or mylar copy of the survey to be recorded and four copies for signature by the Chairman of the Planning Board prior to recording in the Office of the County Clerk. Said original and copies to have the Surveyor's Certificate as required by the Town of Ithaca Subdivision Regulations. Board Member Stephen Smith asked if condition 2a in the Resolution was wanted by Mr. and Mrs. Grigorov because it is a legal lot. Ms. Grigorov stated that Mr. and Mrs. Hoffmann planned to consolidate the parcels. Board Member Candace Cornell asked why condition 2a was in the resolution. Assistant Town Planner George Frantz responded that the project was presented as a consolidation. Mr. Frantz stated that the Planning Board would be approving a lot that meets the requirements of the Town of Ithaca Zoning. Board Member Candace Cornell stated that she would like to take condition 2a out of the resolution if the parties are willing to do that. Carolyn Grigorov stated that the condition in the resolution is alright as is written. Chairperson Kenerson asked if condition 2a was acceptable to Ms. Grigorov and Ms. Hoffmann. Both responded affirmatively. Town Attorney John Barney asked if the SEQR was done in a context of a proposal to consolidate which is equally consistent without the consolidation. Assistant Town Planner George Frantz stated that the SEQR was completed under the assumption that the piece of land was a buildable lot. Board Member Candace Cornell asked if Ms. Grigorov wanted the time limit lengthened. % 1 Planning Board 5 Ms. Grigorov responded that it was okay as is. September 6, 1994 There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. Chairperson Kenerson declared the matter of Preliminary and Final Subdivision Approval for the Grigorov Subdivision duly closed at 7 :45 p.m. There being a few minutes before the next scheduled Public Hearing, the Board discussed the attendance at the New York Planning Federation Conference that was scheduled for October 23 - 26, 19940 Board Member Candace Cornell asked that she be placed on the list as an alternate if possible. Board Member Gregory Bell stated that he would speak with Town Planner Jonathan Kanter regarding his attendance at the conference at a later time. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL AND RECOMMENDATION TO THE ZONING BOARD OF APPEALS FOR THE FIRST ASSEMBLY OF GOD CHURCH, TO CONSIST OF A 21,226 + /- SQ. FT. STRUCTURE CONTAINING A SANCTUARY, OFFICES, CLASSROOMS AND MULTIPURPOSE ROOM, WITH PARKING FOR 200 VEHICLES, TO BE LOCATED ON THE SOUTH SIDE OF BOSTWICK ROAD APPROXIMATELY 1,000 FEET WEST OF FIVE MILE DRIVE ON THAT PORTION OF TOWN OF ITHACA TAX PARCEL NO. 31 -4 -1 SHOWN AS LOT NO. 2 OF THE GLENDALE FARM SUBDIVISION FOR WHICH FINAL SUBDIVISION APPROVAL WAS GRANTED ON APRIL 19, 1994, RESIDENCE DISTRICT R -30. FIRST ASSEMBLY OF GOD CHURCH, OWNER; REV. ROBERT N. LOVELACE, AGENT. Chairperson Kenerson declared the Public Hearing in the above -noted matter duly opened at 7 :50 p.m. and read aloud from the Notice of Public Hearings at posted and published and as noted above. Ernie Bayles of 19 Quarry Road, addressed the Board and stated that he was the architectural representative for the First Assembly of God Church to help with questions pertaining to landscape and other site issues for the new building proposal on Bostwick Road. Mr. Bayles introduced Rev. Robert Lovelace to the Planning Board. Chairperson Kenerson asked if the church had the title to the property. Rev. Robert Lovelace responded that the Church had the title to the property, which was closed on August 26, 19940 Mr. Bayles stated that the site was on 6.4 acres on the south side of Bostwick Road and was part of the Glendale Farm Subdivision. Mr. Bayles stated that the proposal was to build a new church facility, initial i Planning Board building construction i n parking lot in Phase I. square foot addition to lot. September 6, 1994 the 11,000 square foot range and a 100 car Phase II would consist of an additional 10,000 the building and an additional 100 car parking Board Member Candace Cornell stated that there were concerns about drainage and that Mr. Hansen of Tompkins County Planning Department had asked about the surface of the parking lot. Ms. Cornell asked if there was a way to keep the surface gravel for permeability. Mr. Bayles stated that a drainage analysis was completed on the basis that it would be a gravel surface parking area. Mr. Bayles stated that gravel has better permeability than asphalt or concrete paving. Ms. Cornell stated that gravel packs and eventually becomes impermeable. Mr. Bayles stated that to some extent Ms. Cornell °s statement was true, but that the analysis was based on a method that is published by the Soil Conservation Service and is generally recognized as being accurate. Board Member George Bayer stated that the type of gravel effects the results. Mr. Bayles stated that there is likely to be some channel runoff and that they would be proposing that some of the areas that are being drained off in the parking lot would be fed into a gravel and rubble lined ditch to re- establish sheet flow, which allows the runoff to spread evenly across the land. Board Member Candace Cornell asked if there was a way to work with the gravel to insure that it stays permeable. Mr. Bayles stated that he did not think so. Mr. Bayles stated that the longevity of the paved surface will be dependant on how well drained the subsurface is on the site. Board Member James Ainslie stated that the basic soil composition in that area is very gravelly anyway. Mr. Bayles stated that it is well percolated soil. Mr. straight Lovelace down hill, stated that it runs to the contour of the land does not run the back of the lot. Mr. Bayles stated that in planning the project, the basic slope of the land is southeast, the lay of the parking lot is to maintain the proper slopes and direct the running water toward the edge of the lot at a slow, even flow on the lower portion of the parcel. Board Member Eva Hoffmann asked if it would be possible to add some drainage features under the green strips in the parking area to help absorb some of the drainage. 1 11 Planning Board 7 September 6, 1994 Mr. Bayles stated that the green.strips would intercept drainage as proposed. Town Engineer Daniel Walker addressed the Board and stated that from an Engineering standpoint, drainage will not be a problem on this site. Mr. Walker stated that he had no problem with drainage at the Preliminary Site Plan Phase that can't be addressed. Mr. Walker stated that at the Final Site Plan stage, a more detailed analysis would be needed, and that he would look at that more closely and will address that. Board Member George Bayer asked how the gravel infiltration ditch would work and where would it be located. Mr. Bayles showed Mr. Bayer where the ditch would be located on the site. Mr. Walker stated that basically there is very well drained, gravelly soil on this site and that it is absorbing more water than the drainage analysis represents at this point. Mr. Walker stated that he walked the field and that there was no evidence of washing, even in the portions of the land that hasn't be farmed this year. Board Member James Ainslie stated that the land under discussion has been in agriculture for a long, long time. Mr. Walker stated that with the amount of green space below the building on the site, there is sufficient space to put some infiltration trenches in to contain the water on the site so that there is not discharge in excess of existing conditions. Board Member Eva Hoffmann stated that when the Environmental Review Committee walked the land, Jonathan Meigs found a wet spot just below the site. Ms. Hoffmann stated that the Committee wanted to be assured that there would not be additional water draining there from the development of the church and parking lot. Mr. Walker stated that the water would dissipate before reaching the park space and that he would be working with the representatives on the proposed plans for the Church before coming back to the Board for Final Site Plan Approval. Chairperson Kenerson stated that the Planning Board also needed to review the height of the building and make a report to the Zoning Board of Appeals. Mr. Kenerson stated that there would need to be height variances for both phases of development. Mr. Lovelace stated that the height for the building in Phase I construction would be 36 feet, and that the height for the building in Phase II construction would be 44 feet. Planning Board 8 September 6, 1994 Board Member Candace Cornell took this opportunity to state that she feels that the Town of Ithaca needs to change the height restrictions in the Zoning Ordinances. Ms. Cornell stated that the residents uphill from the church will be on a slope and that the height of the church will not make a difference on the views for them. Assistant Town Planner George Frantz stated that he drove up and down Bostwick Road and that while driving down Bostwick Road, the trees that will be behind the building tend to rise up and the building would be back - dropped sufficiently by mature trees ranging from 30 to 40 feet in height and South Hill in the distance. Chairperson Kenerson asked if there was a time frame for construction of Phase I and Phase II. Mr. Lovelace stated that Phase II hinges on finances, but that they hope to build Phase II within 2 to 3 years. Mr. Lovelace stated that the sanctuary in Phase II would seat 700 people. Board Member Stephen Smith asked if there was a basement proposed. Mr. Lovelace responded, no. Board Member Candace Cornell stated that her personal opinion was, because of the site location, that the height would be no problem. Chairperson Kenerson stated that this was a Public Hearing and asked if anyone from the public wished to speak. Aafke Steenhuis of 224 Bostwick Road, adds that she felt that a 200 car parking lot was asked if it were possible to put plantings in the obstruction of the view. Ms. Steenhuis parking lot that would hold 100 cars across Barns. :essed the Board and stated too much. Ms. Steenhuis Phase I to buffer some of stated that there was a the street at the County There appearing to be no further discussion, the Chair closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Stephen Smith asked if this project fell under the guidelines for plantings. Assistant Town Planner George Frantz stated that the guidelines for plantings apply to Commercial and Business Zones. Town Attorney John Barney stated that the Planning Board always had the right to impose a condition if reasonably necessary to alleviate a problem with plantings. Board Member Candace Cornell stated that where ever there is a major parking lot the Planning Board should look into plantings as a buffer. Mr. Frantz asked Mr. Lovelace if he planned to do all of the plantings as part of Phase I. Planning Board jl September 6, 1994 Mr. Lovelace responded that they had not considered the plantings, that they have been concentrating on construction costs of the building. Mr. Lovelace stated that it would be a good idea to start that at Phase I to get some growth going, but that it had not really been addressed. Mr. Frantz stated that one of the conditions in the resolution is the submission of a completed landscaping plat prior to Final Approval. Board Member Gregory Bell asked what the material of the exterior of the building would be. Mr. Lovelace responded that it would be vinyl siding, asphalt shingles for the roof, and brick veneer. Board Member Eva Hoffmann asked what the vinyl siding would look like. Mr. Bayles stated that right now, what is being proposed is horizontal clapboard type siding with some brick accents, and there may be some vertical siding. Mr. Bayles stated that they would entertain suggestions, based on affordability. Board Member Stephen Smith asked if there were any plans to incorporate windows in Phase II. Mr. Lovelace stated that there would be some indirect lighting and that there would not be a lot of glass because windows are distracting. Board Member Gregory Bell stated that he felt that the exterior of the building is bleak. The building forms were big, powerful, and blocky. Mr. pitch on Lovelace stated the roof instead that one of the reasons they decided on a 9/12 of a 6/12 pitch was to prevent it from looking as squatty or blocky. Mr. Lovelace stated that they and wanted a good looking building, but that all decisions finances. The building would be made as aesthetically possible. their cliental were based on pleasing as Board Member Candace Cornell what the size of the churches present constituency was. Mr. Lovelace stated that at present there are about 250 people and that the proposed sanctuary that has the capability to hold 700 was looking toward the future. Mr. Lovelace stated that six years ago the church consisted of 45 people. Board Member Gregory Bell asked if the church owned the building on West Seneca Street, Mr. Lovelace responded, yes. Mr. Bell asked if they planned on selling the building. it Planning Board 10 September 6, 1994 Mr. Lovelace stated that they were planning on selling the building because be they are running out of space for education may have to bring addition material in for purposes. Board Member Gregory Bell stated that he had some questions regarding the Environmental Assessment Form. Mr. Bell's first question was on Page 4, Questions No. 2, reads 'How much natural material will be removed from the site?' and the answer supplied was 0. Then Question No. 3c. reads - 'Will upper subsoil be stockpiled for reclamation ?' and the answer supplied was no. Mr. Bell stated that he felt that the two answers supplied were in conflict. chairperson Kenerson stated that it would not be leaving the property. Mr. Bell stated that Page 4, Question No. 4 reads, 'How many acres of vegetation will be removed from site9 and the answer supplied was 0. Mr. Bayles stated that there was a misreading on their part because they assumed that meant trees and shrubs. Mr. Bayles stated that approximately 5 acres of ground cover will be disturbed. Mr. Bell stated that on Page 4, Question 7, asked about phasing. Mr. Bell stated that Phase I dates were filled in, but Phase II dates were marked unknown. Mr. Bell felt that the date should be filled in. Mr. Lovelace stated that possibly in 1998 or 1999. Mr. Bell stated that on Page 4, Question No. 16, asks if the project will generate solid waste, and the answer supplied is, yes. Page 4, Question No. 17, asks if the project will involve the disposal of solid waste, and the answer supplied is, no. Mr. Bell stated that if something is generated, it must be disposed of. Assistant Town Planner George Frantz stated that Question No. 17 asks if there will be disposition of solid waste on the site. Mr. Bayles responded that the plan would not be to remove material. Mr. Bayles stated that he felt that the question was asking if they would be mining the topsoil. There are no intentions to remove material from the site if it can be avoided, they may have to bring addition material in for the parking lot and drainage. Mr. Bayles stated that general practice was to scrape the top soil and the upper subsoil becomes fill. chairperson Kenerson stated that it would not be leaving the property. Mr. Bell stated that Page 4, Question No. 4 reads, 'How many acres of vegetation will be removed from site9 and the answer supplied was 0. Mr. Bayles stated that there was a misreading on their part because they assumed that meant trees and shrubs. Mr. Bayles stated that approximately 5 acres of ground cover will be disturbed. Mr. Bell stated that on Page 4, Question 7, asked about phasing. Mr. Bell stated that Phase I dates were filled in, but Phase II dates were marked unknown. Mr. Bell felt that the date should be filled in. Mr. Lovelace stated that possibly in 1998 or 1999. Mr. Bell stated that on Page 4, Question No. 16, asks if the project will generate solid waste, and the answer supplied is, yes. Page 4, Question No. 17, asks if the project will involve the disposal of solid waste, and the answer supplied is, no. Mr. Bell stated that if something is generated, it must be disposed of. Assistant Town Planner George Frantz stated that Question No. 17 asks if there will be disposition of solid waste on the site. Town Engineer Daniel Walker stated that the context for that question is more of a mining situation or a landfill situation. Mr. Walker stated that in this project they would strip the topsoil off and the rest of the work would be grading the site. They will not be stripping the subsoil and they will not be moving it unless they have to build something with it. chairperson Kenerson stated that it would not be leaving the property. Mr. Bell stated that Page 4, Question No. 4 reads, 'How many acres of vegetation will be removed from site9 and the answer supplied was 0. Mr. Bayles stated that there was a misreading on their part because they assumed that meant trees and shrubs. Mr. Bayles stated that approximately 5 acres of ground cover will be disturbed. Mr. Bell stated that on Page 4, Question 7, asked about phasing. Mr. Bell stated that Phase I dates were filled in, but Phase II dates were marked unknown. Mr. Bell felt that the date should be filled in. Mr. Lovelace stated that possibly in 1998 or 1999. Mr. Bell stated that on Page 4, Question No. 16, asks if the project will generate solid waste, and the answer supplied is, yes. Page 4, Question No. 17, asks if the project will involve the disposal of solid waste, and the answer supplied is, no. Mr. Bell stated that if something is generated, it must be disposed of. Assistant Town Planner George Frantz stated that Question No. 17 asks if there will be disposition of solid waste on the site. Planning Board jail September 6, 1994 Board Member Eva Hoffmann stated that she had questions regarding the Environmental Assessment Form as well. Ms. Hoffmann stated that on Page 2 and Page 3, the form refers to the project as being 6 acres, and other papers refers to the project as being 6.4 acres. Ms. Hoffmann asked which figure was correct. Mr. Bayles stated that the actual total acreage was 6.4 acres and that 2, Under it should heading AFTER be changed on the Environmental Assessment Form. Ms. Hoffmann asked how the .4 acre should be split up on Page 2, Question 2, Under the heading AFTER COMPLETION. Mr. Bayles responded that Roads, buildings, and other paved surfaces should be a total of 1.9 acres, and that Other - Landscaped Areas - Lawn should be a total of 1.5 acres. Board Member Candace Cornell stated that she wanted to be sure that a planting design for screening for the entire project was a requirement for preliminary and final site plan approval. Chairperson Kenerson stated that there was a condition in the resolution that required a planting schedule prior to final site plan approval. MOTION by Candace Cornell, seconded by Herbert Finch. 10 This action is the Consideration of Preliminary Site Plan Approval, and further, a recommendation to the Zoning Board of Appeals with regard to the proposed First Assembly of God Church, to consist of a 21,226 +/- sq. ft. structure containing a sanctuary, offices, classrooms and multipurpose room, with parking for 200 vehicles, to be located on the south side of Bostwick Road approximately 1,000 feet west of Five Mile Drive on that portion of Town of Ithaca Tax Parcel No. 31 -4 -1 shown as Lot No.2 of the Glendale Farm Subdivision for which Final Subdivision Approval was granted on April 19, 1994, Residence District R -30. First Assembly of God Church, Owner; Rev. Robert N. Lovelace, Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, at a Public Hearing on September 6, 1994, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I prepared by the applicant and a Part II prepared by Planning Department staff, a proposed site plan entitled "First Assembly of God, Bostwick Road, Ithaca, New York" prepared by Barden Commercial Division and dated June 6, 1994, drawings showing the front and side elevations and floor plan of the proposed structure also prepared by Barden Commercial Division and dated June 24, 1994, and other application materials, and Planning Board 12 September 6, 1994 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed site plan; NOM, 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 - referenced action as proposed, for the purpose of Site Plan Approval and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Stephen Smith, seconded by Candace Cornell. Utl -v Otm F 1. This action is the Consideration of Preliminary Site Plan Approval, and further, a recommendation to the Zoning Board of Appeals with regard to the proposed First Assembly of God Church, to consist of a 21,226 +/- sq. ft. structure containing a sanctuary, offices, classrooms and multipurpose room, with parking for 200 vehicles, to be located on the south side of Bostwick Road approximately 1,000 feet west of Five Mile Drive on that portion of Town of Ithaca Tax Parcel No. 31 -4 -1 shown as Lot No.2 of the Glendale Farm Subdivision for which Final Subdivision Approval was granted on April 19, 1994, Residence District R -30. First Assembly of God Church Owner, Rev. Robert N. Lovelace, Agent. and 29 This is an Type I Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review with regard to Preliminary Site Plan Approval, has, on September 6, 1994, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing on September 6, 1994, has reviewed and accepted as adequate the Long Environmental Assessment Form Part I prepared by the applicant and a Part II prepared by Planning Department staff, a proposed site plan entitled "First Assembly of God, Bostwick Road, Ithaca, New York" prepared by Barden Commercial Division and dated June 6, 1994, drawings showing the front and side elevations and floor plan of the proposed structure also prepared by Barden Commercial Division and dated June 24, 1994, and other application materials. Planning Board 13 September 6, 1994 14 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklist, having determined from the materials presented that such waiver 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 Preliminary Site Plan Approval to the proposed First Assembly of God Church, to consist of a 21,226 +/- sq. ft. structure containing a sanctuary, offices, classrooms and multipurpose room, with parking for 200 vehicles, as shown on the site plan entitled "First Assembly of God, Bostwick Road, Ithaca, New York" prepared by Barden Commercial Division and dated June 6, 1994, drawings showing the front and side elevations and floor plan of the proposed structure also prepared by Barden Commercial Division and dated June 2.4, 1994, and other application materials conditioned upon the following. a. Submission of the design and construction materials of all proposed pedestrian facilities, and the size, design, and construction materials of all proposed signs prior to the granting of Final Site Plan Approval; b. Submission of a completed landscaping plan with plant schedule and approval of same by the Planning Board in conjunction with the granting of Final Site Plan Approval; c. Submission of plans showing the location, design, and construction materials of all proposed water and sewage facilities and approval of same by the Town Engineer prior to Final Site Plan Approval, d. The granting by the Zoning Board of Appeals of Special Approval and any required height variance prior to Planning Board consideration of Final Site Plan Approval. e. Submission of the final design and construction materials of the exterior of the building for approval by the Planning Board as part of the Final Site Plan Approval. • is • � 1. That the Planning Board, in making its recommendation to the Zoning Board of Appeals, determines the following. 0 a. there is a need for the proposed use in the proposed location, as demonstrated by the applicant; be the existing and probable future character of the neighborhood will not be adversely affected as a result of the proposed project; Planning Board 14 September 6, 1994 ce the specific proposed change in land use as a result of the proposed project is in accordance with a comprehensive plan of development for the Town of Ithaca. 2. That the Planning Board reports to the Zoning Board of Appeals its recommendation that the aforementioned request for Special Approval be approved. Town Attorney John Barney asked if the landscape design be approved by the Planning Board or by Town staff. The Planning Board decided that they would like to approve the landscape design plan as shown in condition 2b above. Board Member Eva Hoffmann stated that of design and construction materials for and water and sewage facilities and that proposals for the designing construction well. the Board was asking for review pedestrian facilities and signs she would like the Board to see materials for the building as Attorney Barney stated that the Planning Board could ask for that as part of site plan approval, but was unsure that it was a wise request. Board Member Gregory Bell stated that condition 1b of the resolution it specifically says that the Board determines that the existing probable future character of the neighborhood will not be adversely affected as a result of this project. Mr. Bell stated that if they could have corrugated metal siding on the building, it would adversely affect the character of the for the neighborhood. of the building. Board Member Candace Cornell stated that the Board could suggest categories of styles of materials that could be used for this project. Ms. Hoffmann stated that the Board could make an indication of what is preferable. Assistant Town Planner George Frantz stated that the conditions were taken straight from the checklist which is used on all projects within the Town of Ithaca, and the reason for the need to review the design and construction materials of the proposed pedestrian facilities is to insure that they are useable for all who use the church. Mr. Frantz stated that the review for the project was done based on the drawings and the materials shown for the exterior of the building. Mr. Bayles stated that the proposal was based on the worst possible scenario, but that their intentions are to build a building that is better than what is shown if funding allows. Mr. Bayles stated that they were looking at a construction date of January 1, 1995, and that it would be agreeable to give a presentation to the Planning Board at some time in the future with more details as they know more. Planning Board Mr. Lovelace for the buck and want to do the financially, 15 September 6, 1994 stated that the church was trying to get the most bang find the hidden costs. Mr. Lovelace stated that they best job possible without strapping their people Mr. Frantz stated that they would have to bring in details 2 to 3 months prior to the proposed construction date. Board Member Gregory Bell asked Board Member James Ainslie, as the agricultural representative, how he felt about the loss of the cropland. Board Member James Ainslie responded that anytime a church is willing to expand and give a little to the people, it is worth a little crop land. Mr. Ainslie stated that where ever sewer and water is run, loss of crop land will occur. There being no further discussion, the Chair called for a vote. Aye - Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - Kenerson. Abstain - Bell. The MOTION was declared to be carried. Chairperson Kenerson declared the matter of the Preliminary Site Plan Approval for the proposed construction of the First Assembly of God Church duly closed at 9:04 p.m. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO, 56 -3 -14.2, 20.01 + /- ACRES TOTAL AREA, INTO TWO LOTS, 11.35 + /- AND 8.65 + /- ACRES IN SIZE RESPECTIVELY, LOCATED ON THE NORTH SIDE OF SLATERVILLE ROAD BETWEEN BURNS ROAD AND TOWN OF ITHACA /TOWN OF DRYDEN LINE, RESIDENCE DISTRICT R- 15. ELEANOR FOOTE, OWNER; RALPH VARN, APPLICANT. Chairperson Kenerson declared the Public Hearing in the above -noted matter duly opened at 9:07 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Ralph Varn of 471 Midline Road, Freeville, addressed the Board and stated that he was representing Eleanor Foote for a simple two -lot subdivision. of her land. Mr. Varn referring to the subdivision map submitted to the Planning Board read the two conditions that were added to said map. (Map entitled "Subdivision Plat - Eleanor Foote Lands" dated May 19, 1994 and revised August 22, 1994, is attached hereto as Exhibit #1) Mr. Varn stated that because the location of the future Blue Heron Road, proposed as part of the Peregrine Hollow Subdivision, could change when the final drawings are prepared for the Town of Ithaca, the acreage of the park would be between 1.51 acres and 2.26 acres. Chairperson Kenerson asked how many acres the Eastern Heights Park was currently. Planning Board 16 Assistant Town Planner George approximately 10 acres. September 6, 1994 Frantz stated that the park was Board Member Eva Hoffmann the road will asked under what conditions the park would be 1.51 acres instead of 2.26 acres. Mr. Varn stated that because the grade of the road will either be 10% or 11% which is undetermined at this point. Mr. Varn stated that the open space would be a minimum of 1.51 acres and up to 2.26 acres depending on the grade of the road. Mr. Varn stated that the reason for the uncertainty is because there has been only a minimal amount of surveying work completed thus far because it is only a sketch plan phase. Board Member Candace Cornell asked where the road would go through Lot #2 of Mrs. Foote's property. Ms. Cornell stated that there was no connection to Route 79. Mr. Varn responded that there was no road proposed through Mrs. Foote's property. Ms. Cornell stated that at the July 19, 1994 Planning Board Meeting, Mr. Varn was asked to come up with a road design to go to Route 79. Mr. Varn responded that he did not think he had been asked to do that. Mr. Varn stated that the possibility of Mrs. Foote giving a right of way may have been discussed. Chairperson Kenerson stated that the Board was considering subdividing Mrs. Foote's property which has frontage on Slaterville Road and that we are making an unbuildable lot because it has no road frontage. Mr. Kenerson stated that a road would be proposed or there will be no development on that piece of land. Board Member Eva Hoffmann stated that the reason the Board was discussing a road going down to Slaterville Road with Mr. Varn was that there would be access and exits from the whole development both to Snyder Hill Road and to Slaterville Road, not just to Snyder Hill Road. Mr. Varn stated that the discussion was to put one or two 60 foot right of ways in to possibly connect to the upper lands of some Town of Ithaca residences, which could possibly get a road to a road that the Town of Ithaca has already built that goes down in front of the winery. Board Member Candace Cornell stated reading from the July 19, 1994 Minutes, Board Member Eva Hoffmann stated that she had concerns and "that there needed to be a provision for traffic to be divided between Snyder Hill Road and Slaterville Road and to have access both ways." Ms. Cornell continued by reading, "Mr. Varn stated that it would be addressed when he came in for site plan." Mr. Varn stated that he was not sure what site plan refers to. Mr. Varn stated that the discussion at the last meeting was that he could not get a road down through Mrs. Foote's property because of the engineering of it* Planning Board 17 September 6, 1994 Ms. Cornell stated that the minutes said that Mr. Varn was going to look into the issue and that it was going to be studied by the Town Engineer. Mr. Varn stated that was not his recollection of the discussion at the Planning Board Meeting and in dealing with the Planning Board, that never came up as one of the check off lists. Ms. Cornell stated that she was reading from the minutes and from what Mr. Varn agreed to do. Ms. Cornell stated that when she received the information provided in her Planning Board packet, she tried to figure out what was new and if the information that Mr. Varn had said he would come back with was presented. Ms. Cornell stated that she did not see any investigation of whether or not it was possible to put a road in to Route 79. Ms. Cornell stated that she has serious concerns about having the only access to the subdivision going to Snyder Hill Road. In terms of fire hazard, that is a really long drive, which is just one of many issues. Ms. Cornell stated that she would feel more comfortable if the residents in the Town of Ithaca in that area would have access to Route 79. Mr. Varn stated that he was here to do a simple two -lot subdivision for Mrs. Foote and that he would be back later to deal with the parcel that he is buying from Mrs. Foote with a proposal for a subdivision. Town Planner Jonathan Kanter addressed the Board and stated that the Planning Board should determine whether easements for future through access roads should be shown on the final plat. At the July meeting, it was suggested that at least two possible easements could be shown, one at each end of the proposed loop road, as well as a possible third easement through the south Foote parcel. Planning Board Member Candace Cornell stated that the Planning Board had asked Mr. Varn to explore possibilities of access to Route 79. Ms. Cornell stated that the July Planning Board Minutes reflect that Mr. Varn had agreed to do that. Board Member Gregory Bell asked where the third easement would be located. Mr. Varn showed the Board a design with 2 easements into the Blanpied property, and 1 easement into the Foote property. Chairperson Kenerson stated that the matter before the Planning Board tonight was dividing Mrs. Foote's stated that once that division was of land with provisions that are property into 2 lots. Mr. Kenerson done, then Mr. Varn would have a piece in the draft resolution that say that nothing can be done with that property unless Mr. Kenerson stated that when it comes time certain conditions are for site plan review met. those conditions would apply. Planning Board Mr. Varn stated that as far as engineer, Larry Fabbroni had looked at felt that it was not. Mr. Varn stated Town of Dryden Engineer, also felt that property. September 6, 1994 the road down to Route 79, his that to see if it was possible and that George Schelct, acting as the it was not possible over the Foote Board Member Gregory Bell stated that the reason Mr. Varn was willing to get the 2 easements over the Blanpied property was the idea of going to the existing road, which is unopened and unused, Park Lane Extension. Town Attorney John Barney stated that the connection to Park Lane Extension could happen eventually, that he thought that the issue but tonight not now. is how to Attorney get access Barney stated to Lot #1 of the proposal, because on the subdivision Board at this meeting,(Exhibit #1) does map presented not show to any access the at Planning all. Attorney Barney stated that his office had represented Mr. Varn in the past but was not representing him currently. Mr. Varn stated that it is not feasible to build a 60 foot wide Town road to specifications of the Town. A 20 foot easement across the land so that it would not be land locked was something Mrs. Foote did not want to do, so the easement was put through his own property that this parcel would be adjoined to which would provide access to another road, and therefore would not be land locked, which is a condition of the subdivision, which was put on the map itself. Attorney Barney asked Mr. Varn if there was some reason why he could not show this road on the subdivision map leading to Snyder Hill Road from Parcel No. 1. Mr. Varn stated that he could make a bigger map that showed an easement the point where Burns Road leading to Snyder land, and the parcel that is owned Hill the corner of the Foote parcel. Mr. Fabbroni stated that the one Road that from Foote's Parcel No. 10 Larry Fabbroni of 127 Warren Road, addressed the Board and stated for clarification, that access to Route 79 would be impossible to try to meet the point where Burns Road is due to the topography of that land, and the parcel that is owned off the corner of the Foote parcel. Mr. Fabbroni stated that the one alignment that is possible is right through the Foote's house. David Blanpied addressed the Board and stated that he owned the property immediately to the west of the proposed property and that he was willing to consider one right of way across his land for access to Park Lane Extension. Town Engineer Daniel Walker stated that it would be physically possible to put a road in stated that the conditions Varn can not do anything with between this site in the proposed that piece of and Park Lane. resolution are very land until access Mr. Walker clear; Mr. is provided to its Mr. Walker stated that Mr. Varn would also be limited to one residence or building on that new lot if subdivided. Planning Board 19 September 6, 1994 Board Member Stephen Smith possible future subdivision would stated be Town that the roads in Mr. of Dryden roads eventually. Varn's Mr. Walker stated that they would be Town of Dryden roads and that they would be a public way. Chairperson Kenerson stated that the Board would need to be comfortable with the fact that there is a piece of property that can be accessed, has suggested access ways, and conditions say that there is to be no development until the property is accessed and becomes usable. Mr. Smith, referring to condition b of the proposed resolution, which refers to the parcel reverting back to Mrs. Foote. Mr. Smith asked if the subdivision does not occur for a long period of time and the Foote property changes hands, who would have control of the parcel. Town Attorney John Barney responded that the Planning Board should add the words - or her successor in interest in ownership of the property adjoining Lot 1. Attorney Barney stated that with those words added to the condition, if Mrs. Foote died or sells off lot 2 to somebody, it would go to whoever succeeds to her interests. Attorney Barney stated that if Mrs. Foote sells a portion of Lot 2, she would need to come before the Board again for subdivision review, and Town staff will have the resolution to refer to for that subdivision as well. Attorney Barney stated that he thought that the idea was to put an outside time limit on the development, such as 3 to 5 years, and if the conditions have not been completed by then, the reversion would go into effect. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone else present wished to speak. Joe Westbrook of 1796 Snyder Hill Road, requested that the Planning Board deny the proposal because it doesn't have the road frontage. Mr. Westbrook stated that if there is a road in the future then he should come before the Board at that time and make the subdivision request. Mr. Westbrook stated that he was a Dryden resident and he had watched the Peregrine Hollow subdivision from the Dryden side and it was a surprise to him to see the map on the Town of Ithaca side with various numbers of lots added to the subdivision that the Dryden side was never made aware of and never saw. Mr. Westbrook stated that he thought that the development should be limited to what he proposed on the Dryden side. Mr. Westbrook stated that the Ithaca side was a surprise to the residents of Dryden and that it would be unfair to them. Mr. Varn responded to Mr. Westbrook's comments and stated the map presented to the Town of Ithaca Planning Board showing the entire subdivision is the official map of the proposal as given to the Town of Dryden. Planning Board. Chairperson Kenerson asked if the Town of Dryden had approved the map showing where the roads would come from and lead to. Mr. Varn responded that he had received preliminary approval of the map presented to the Town of Dryden Planning Board. Planning Board 20 September 6, 1994 Mr. Westbrook stated that he felt that it is the job of the Planning Board to get interested parties made aware of what is going on. Mr. Westbrook stated that he had spoken with Henry Slater who is the Building Inspector for the Town of Dryden, and the Mr. Slater was totally unaware of the Town of Ithaca subdivision and how it related to the Peregrine Hollow subdivision. Mr. Westbrook stated that Mr. Slater was very interested and had not been made aware by the Town of Ithaca Planning Board, Town Planner Jonathan Kanter stated, for the record, that he had met with the Town of Dryden Supervisor and someone from his office and discussed the potential sewer connections to Peregrine Hollow and also talked about this proposal at the same time. Mr. Westbrook stated that it was a very complex issue and to have it called a two parcel subdivision makes it difficult. Chairperson Kenerson stated that Mrs. Foote has a parcel that she wants to divide and sell to Ralph Varn, which makes it a two -lot subdivision. Mr. Westbrook stated that he was the immediate neighbor of Mrs. Foote, and that to the best of his knowledge, he had not been notified of the subdivision process. (Referring to Fred Pritt) NOTE: A Public Hearing Notice for every Public Hearing regarding the Foote /Varn Subdivision proposal was mailed to the Town Clerk for the Town of Dryden. Fred Pritt of 1632 Slaterville Road, addressed the Board and stated that his property borders on Mrs. Foote's property. Mr. Pritt stated that his property is divided by the Town of Ithaca /Town of Dryden line. Mr. Pritt stated that his house is in the Town of Dryden and his garage and one -third of his property is in the Town of Ithaca. Mr. Pritt stated that he had been aware of the development on Snyder Hill for some time because when it was being proposed with the emphasis was in the Town of Dryden, Mr. Pritt canvassed the road from his house out to German Cross Road to see if he could develop an interest in sewer and water extension. Mr. Pritt stated that when the services were extended to the Foote's property, he tried to get it to his property as well, but a pump was too expensive and he was unable to be included in the extension at that time. Mr. Pritt stated that he gathered over 30 signatures asking the Town of Dryden to look into the possibility of a sewer district, but at that time it would have been far more expensive than the residents could afford. Mr. Pritt stated that with the proposed development, the shared cost would make it possible. Mr. Pritt stated the was not convinced that the topographical slope would eliminate the possibility of changing things for his property. Mr. Pritt stated that water runs sideways as well as downhill. Mr. Pritt stated that the property that is being subdivided tonight will ultimately be developed and his concern is that when it is developed is that he is not disrupted in terms of drainage, and would still like to be included in the possibility of sewer and water. Mr. Pritt stated that he was the last house on the Bolton Point water service. Planning Board 01 September 6, 1994 Mr. Pritt requested that the Planning Board look carefully at the creation of a property to be developed with immense impact on those who have houses in the area. Mr. Pritt concluded by stating that the traffic generated by the additional development would make getting up and down Snyder Hill Road very dangerous. Cathy Valentino of Eastern Heights Road, addressed the Board and stated that her concerns with the two -lot subdivision is that there would not be adequate access for two lots in the Town of Ithaca with the only access being on roads to Snyder Hill Road. Chairperson Kenerson stated that Mrs. Foote's parcel. has frontage on Slaterville Road. Ms. Valentino Valentino stated that her other concern was the safety features with length of the proposed road to Snyder Hill Road. Mr. Varn stated that the proposed road would be approximately 1200 feet long. Ms. Valentino stated that the proposed roadway is longer than what we like to see in the Town of Ithaca because of the liability factors. Town Planner Jonathan Kanter stated that Mr. Varn would need to go to the Zoning Board of Appeals for a variance for the lack of frontage for that lot. (Condition c in the proposed resolution) Town Engineer Daniel Walker stated that the issue is that there would be no frontage or public road there now. Board Member Stephen Smith stated that he would feel better if there was more than a right of way for access, even a pan handle going all the way up to Lot #1. Mr. Smith stated that right now the Foote lot is being used in the Town of Ithaca and it has appropriate access, and the request is to cut off a piece of that, which is creating a lot of problems for the Town. Mr. Smith wanted to know what the Town of Ithaca gets out of going through all of this effort. Mr. Smith stated that the Foote lot is developable and the Board has not taken any value away from that. Mr. Varn stated that he was buying Lot #1 and putting it into the larger parcel on the Dryden side. Larry Fabbroni stated that the Foote's exacted a written commitment from the Town of Ithaca to provide access to the Foote's out through the general purpose land of the Eastern Heights Park to the end of Park Lane Extension. Mr. Fabbroni stated that it was on the record. Chairperson Kenerson asked if the Eastern Heights Park was part of the Foote's property. Town Attorney John Barney and Mr. Fabbroni responded that it was not part of the Foote's property. Planning Board 22 September 6, 1994 Mr. Fabbroni stated that the subdivision that was going to be part of the Eastern Heights Subdivision would have provided access to the lands that the Varn's are involved with in the Town of Dryden. Mr. Fabbroni stated that once the land was accepted as a park and general purpose land, there was no longer the second access to the upper land. Mr. Fabbroni indicated that as part of the proceedings, the Foote's came to a meeting and asked for a commitment from the Town of Ithaca and received it from the Town Board. Town Engineer Daniel Walker stated that there were some freehand sketches in files that showed possible connections done by a former Town Planner, but that he had not found any official determination in any record at this point. Mr. Walker stated that it did not mean that it was not there because he had not reviewed every set of minutes, but that there were no resolutions that Mr. Walker is aware of ever accepting that by the Town Board or by the Planning Board as an official Town road. Mr. Walker stated that it was something that was discussed at some point in a Planning Board Meeting, but he did not know if there was ever a resolution because that was prior to his time, but when he came to the Town of Ithaca approximately 5 years ago, there was some thoughts regarding this, but no formal resolution made. Mr. Walker stated that the concept of the discussions regarding the Frandsen, Park Lane, and Quick parcels, the Town Board at this point feels that is not a viable alternative. Town Attorney John Barney stated that he basically concurred with what Mr. Walker had said. Attorney Barney stated that he has been working very hard on getting the title for Park Lane prepared so that the Town could acquire that title. Attorney Barney stated that Mr. Fabbroni was intimately involved in some of this. Attorney Barney stated that all he had seen was a general agreement that was made between the Quick's, Frandsen's, and the Town relative to the creation of the extension of Park Lane. Attorney Barney stated that he had also seen sketches that showed possible access to Mr. Blanpied's land from Brian Drive, but that he did not recall seeing anything specifically involving the Foote land. Attorney Barney stated that he was not aware of any resolution of the Town Board accepting it and that he was not aware of any resolution of the Planning Board accepting or committing either way to that road being created. Attorney Barney stated that it was not part of the Frandsen Subdivision. Attorney Barney stated that whatever may have been said at a meeting many many years ago was probably not binding on the Town. Attorney Barney stated that he was not sure that it was an appropriate consideration for what the Planning Board was considering at this meeting. Town Planner Jonathan Kanter stated that this was an issue that had been raised twice and asked that Mr. Varn or Mr. Fabbroni please submit a copy of the alleged commitment by the Town to provide access through Easter Height general purpose lands to the Board and Town staff for review. Mr. Fabbroni stated that the information is located in the Final Environmental Impact Statement for the subdivision in the Town of Dryden (Peregrine Hollow), in the Appendix materials, which include the minutes of the Town Board that passed on that, the follow up letter from those minutes committing that, and that he would send the Town a copy. Planning Board NKI September 6, 1994 Mr. Varn stated that he is Mrs. Foote's neighbor, buying a piece of land from her, and incorporating it into his land. Mr. Varn stated that Mrs. Foote's property will not be sold unless it can be sold as a whole parcel, and there are conditions on the map that address some of the planning staff's concerns about access through Snyder Hill Road and the issue of the park. Mr. Varn stated that he can not build a building on that lot unless he goes before the Zoning Board of Appeals, and he can not further subdivide unless they come in for sketch plan review, preliminary review, and final review. Mr. Varn stated that lot #1 would be deeded to the same company that owns the bigger piece. Town Attorney John Barney asked if the map presented to the Planning Board stated that Lot #1 shows the Reputed owner as Eleanor Foote, which is the piece that will be subdivided off from Lot #2. Attorney Barney stated that Lot #1 and Lot #2 aggregate Mrs. Foote's property in the Town of Ithaca. Attorney Barney then stated that she also owns land in the Town of Dryden. Attorney Barney asked if the pieces of property in the Town of Dryden were part of the Peregrine Hollow Subdivision. Mr. Varn stated that the parcel labeled 5.3 acres (Tax Parcel No. 71- 1 -1.2) is Mrs. Foote's property that he is purchasing from her. Town Attorney John Barney asked if both parcels were being purchased at the same time. Mr. Varn responded, yes at the same time. Attorney Barney asked if Mr. Varn was purchasing the parcel labeled 'Underwood'. Mr. Varn stated that the small triangular piece labeled 'Underwood' was being sold to Mrs. Foote to protect the pond. Attorney Barney stated that the larger area labeled 'Underwood' would become part of Peregrine Hollow. Mr. Varn responded, yes. Attorney Barney stated that property would also be acquired from Mr. and Mrs. Underwood. Mr. Varn responded, yes. Attorney Barney asked Mr. Varn if at present he owned any of the land involved in the proposed Peregrine Hollow subdivision. Mr. Varn responded that he owned all of the 'Underwood' property. Attorney Barney asked why it was shown on the map as Underwood'. Mr. Varn responded that it was closed on June 6, 19940 Attorney Barney stated that the map should be corrected to show Mr. Varn's title and ownership. Planning Board Mr. Varn responded, yes. Fes! September 6, 1994 Chairperson Kenerson stated that he felt that the Planning Board had three options at this point. 1) Reject it, 2) Put limitations on it that lock it so that nothing could happen until such time as the conditions are met; 3) Approve it with the conditions in the resolution at present. Chairperson Kenerson asked what the Board would like to do at this point. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone else present wished to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Stephen Smith stated that he was uncomfortable putting restrictions on a subdivision, if there was a road there, it would be an easy subdivision to consider, but everything about it is questionable. Chairperson Kenerson stated that the Planning Board needed to resolve which way they would like to go with this project. Board Member Candace Cornell stated that she wanted to be assured that when there is a subdivision with more than one house on it that those residents are safe and that there would be another access. Ms. Cornell stated that she wanted the residents who would live there to have access from emergency vehicles. Ms. Cornell stated that she wanted another access to this property if there is more than one house on the parcel other than just Snyder Hill Road. Ms. Cornell stated that she would like to have an access way to Route 79 instead of Snyder Hill Road. Town Attorney John Barney stated that any future subdivision would need to meet the necessary requirements at that time or be denied by this Board. Attorney Barney felt that to impose a condition like that would be premature. Attorney Barney suggested to Mr. Varn that if subdivision be granted tonight, that no structure be built on the land until adequate access (to the Town of Ithaca's specifications) be provided to that lot and approved by the Planning Board. Attorney Barney stated that he would also suggest that the Planning Board try to impose a condition that the parcel be consolidated to the extent possible with the other lands that he is acquiring from Mrs. Foote and the lands that have been acquired from the Underwood's, because that is what gives it frontage and keeps it from being a landlocked lot. Chairperson Kenerson asked if the Board agreed that a unusable lot should not be knowingly created by the Board. Attorney Barney stated that as a condition the Planning Board would need to see what the road or access would be and how it is going to be laid out, which should be shown on the subdivision map. Planning Board 25 September 6, 1994 Mr. Varn stated that an access would be put on to Snyder Hill Road. Mr. Varn stated that he did not want to build only one house on that lot. Mr. Varn stated that he would do all of the suggestions made by Attorney Barney. Attorney Barney asked, technically, who owns the parcel shown as 'Underwood' now. Mr. Varn responded, Peregrine Partners. Chairperson Kenerson asked if that was a corporation. Mr. Varn stated that it was a partnership. Board Member Candace Cornell stated that at the Planning Board meeting on July 19, 1994, the minutes reflect that Mr. Varn was going to discuss with the Planning and Engineering staff about the parkland and drainage issues that were brought up by the Board Members, and that Attorney Barney stated that Mr. Varn should come back to the Board with that information. Ms. Cornell asked Town Engineer Daniel Walker if he had discussed the drainage issues with Mr. Varn that were brought up at that meeting. Town Engineer Daniel Walker stated that he had a meeting with Mr. Varn several months ago. Ms. Cornell asked Mr. Walker if they had met with Mr. Varn after the July 19, 1994 Planning Board meeting to discuss the drainage issues discussed at that meeting. Mr. Varn stated that he believes that he had that discussion with the Planning staff, but basically the main issue was the dedication of the park. Ms. Cornell stated that there was a long discussion about drainage when reviewing the model Mr. Varn had brought in for the Planning Board to review. Mr. Varn stated that the discussion was because the Board was discussing the subdivision of the entire land, and when he comes for subdivision of the parcel into 20 lots drainage would have to be discussed. Ms. Cornell stated that when discussing this one simple subdivision, nevertheless, at the last meeting the Board raised a lot of issues about drainage and the Board asked that Mr. Varn talk with Town staff and resolve some of those issues. Ms. Cornell asked if Mr. Walker was confident that the drainage issues are no problem. Planning Board 26 September 6, 1994 Town Engineer Daniel Walker stated that the drainage issues do need to be addressed and that he had not seen the final improvement plans for the whole Peregrine Hollow and how it enters onto Town lands, especially Town owned lands, plus other Town residents lands above the Town park land. Mr. Walker stated that there are mitigating measures that can be taken to minimize any drainage problems although he has not seen a detailed construction plan for the systems. Ms. Cornell stated that in subdividing this property, are there any drainage of the Foote Parcel issues is being proposed for subdivision in the that Ithaca, there is plenty the any of the drainage Board should be concerned about. mean that they lose Mr. Walker stated that there are no improvements proposed for the property as the subdivision stands. Mr. Walker stated that if there are improvements proposed, he would have to look at the detailed construction drawings. Board Member Stephen Smith stated that the problem with the subdivision not looking at drainage is that some times if you move the property line another 25 feet at a later date, it may be determined that 25 feet is needed to do remedial action for the drainage problems. Mr. Walker stated that in this particular case, if looking at the portion of the Foote Parcel that is being proposed for subdivision in the Town of Ithaca, there is plenty of room to address any of the drainage problems off the site. Mr. Walker stated that it may mean that they lose three or four lots if there is a problem. Board Member Candace Cornell stated that the real problem is that the Board knows what the future holds, and Ms. Cornell wants to be sure that they are not giving up any opportunity to ensure the safety of the residents when they build. Town Engineer Daniel Walker stated that someone may want to be 2,000 feet away from the main road, which would require a variance, and it would need to be made clear that life /safety services would be very difficult to provide to them. Board Member Eva Hoffmann stated that because she knows that this subdivision is connected with the Town of Dryden, and that she can not comfortably make a decision on this subdivision without considering future development due to the number of concerns surrounding this development. Mr. Walker stated that the Board could require that the lot remain as open space until access is provided for a set period of time and if no access is provided by then it becomes park land for the Town of Ithaca. Mr. Varn stated that he was not interested in that. Mr. Varn stated that he had completed a Full Environmental Assessment Form in the Town of Dryden, the Town of Ithaca reviewed it and made comments on it, and it was passed. Mr. Varn stated that the roads would be built and developed at some point in the future and nothing can be built on that parcel until that access is provided. Mr. Varn stated that he is here as Mrs. Foote's agent to do a simple two -lot subdivision, although there are lots of issues in the Town of Ithaca. Mr. Varn stated that they had dealt with Planning Board the issues in the Town opportunity to comment on 27 of Dryden it and did. Attorney Barney stated that what does not bind what needs to happen Ithaca. Attorney Barney stated that much of the proposal because they were process. September 6, 1994 and the Town of Ithaca had the ever occurred in the Town of Dryden or what may happen in the Town of the Planning Board did not see very not involved in any decision making Attorney Barney made several suggestions for additions and changes to the Proposed Resolution and read them aloud to the Planning Board Members and the Public for consideration and discussion as deemed necessary by the Planning Board. Board Member Candace Cornell stated that she would like some research from the Town staff to determine how long it would take emergency vehicles to reach the lots using the Town of Dryden roads. Board Member Eva Hoffmann stated that she felt that the Planning Board should let the development in Dryden proceed then have Mr. Varn return to the Town of Ithaca Planning Board when there is a road there. Board Member Gregory Bell stated that he was not comfortable with the subdivision but that he would be willing to vote for it with the proposed changes suggested by Attorney Barney. MOTION by Eva Hoffmann, seconded by Stephen Smith. Proposed that the proposed Eleanor Foote /Ralph Varn Two -Lot Subdivision be rejected because it would create a landlocked parcel. Chairperson Kenerson called for a vote. Aye - Stephen Smith, Eva Hoffmann. Nay - Kenerson, Cornell, Finch, Ainslie, Bell. Abstain - Bayer. The MOTION was denied. MOTION by Candace Cornell, seconded by Eva Hoffmann. RESOLVED, that the Town of Ithaca Planning Board table the consideration of Preliminary Approval of the Eleanor Foote /Ralph Varn Two - Lot Subdivision until the Planning Board Meeting of September 20, 1994, at 7:35 p.m., for further review of the proposed resolution showing revisions proposed by Town Attorney John Barney for review and discussion due to the fact that the subdivision is a very complicated one. The Planning Board also requested that Mr. Varn provide revised Subdivision Maps showing the correction of ownership of the parcel currently labeled Underwood' to show the ownership by "Peregrine Partners" and showing the proposed access easement and its connection to the nearest existing public road. Planning Board W September 6, 1994 Board Member Candace Cornell asked if the access went through the Town of Dryden, and it was discovered that the road access was not up to Town of Ithaca standards, would the parcel be considered landlocked. Town Planner Jonathan Kanter stated that the only standard is that maximum length of 1,000 feet that is in the Town of Ithaca Subdivision Regulations for roads ending in a dead end cul -de -sac, which has been and can be modified by the Planning Board with conditions. Mr. Varn stated that September 20, 1994 is not soon enough for him and he considers this a stall tactic to try to stop the development. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Finch, Ainslie, Cornell, Bayer, Hoffmann. Nay - Smith. The MOTION was declared to be carried. Deborah O'Connor addressed the Board and asked if it were true that the general purpose town land was to become part of the Town of Ithaca park, which would make it impossible for any road to go through that area as suggested by Mr. Fabbroni. Town Attorney John Barney responded, no, there was a discussion that the general purpose land would be turned into a Town park, but only in conjunction with taking part of that general purpose land and adding it to the extension or Brian Drive or John Street, which was not done. Chairperson Kenerson declared the matter of the consideration of Preliminary Subdivision Approval for the Eleanor Foote /Ralph Varn Two -Lot Subdivision duly adjourned at 10 :38 p.m. PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SANCTUARY WOODS SUBDIVISION, TO CONSIST OF FOURTEEN LOTS ON TOWN OF ITHACA TAX PARCELS NO. 73 -1 -6, 73- 1 -7.2, AND 73- 1 -8.2, 5.33 + /- ACRES TOTAL AREA WITH WATER AND SEWER CONNECTIONS AND APPROXIMATELY 760 LINEAR FEET OF ROADWAY, LOCATED ON THE WEST SIDE OF SAPSUCKER WOODS ROAD, RESIDENCE DISTRICT R -15. A TEMPORARY TRAIL RIGHT OF WAY IS PROPOSED TO FULFILL THEIR PARK AND RECREATION LAND DEDICATION. STEPHEN LUCENTE, APPLICANT. Chairperson Kenerson declared the above - noted matter duly opened at 10:40 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Larry Fabbroni addressed the Board and stated that he was representing Mr. Lucente for this project. Mr. Fabbroni gave a brief description of the project for the public and the new Planning Board members. Planning Board 29 September 6, 1994 Mr. Fabbroni stated that the would like to enter into record, subject to the approval of the Town Attorney. 1) A temporary easement for the 20 -foot easement for a walkway for public access to the sanctuary and other areas through Rocco Lucente's land, and 2) A temporary easement for a temporary cul -de -sac, and 3) A Transfer of Real Property, and 4 ) A consent from Rocco Lucente to dedicate future park land to cover the park land dedication requirement for this subdivision from his land pending future development of Rocco Lucente's large parcel of land located to the north of Stephen Lucente's subdivision. Mr. Fabbroni stated that if the subdivision is approved by the Planning Board at this meeting, he would provide a map that would show where the center line was located, and would add setback dimensions which are all 100 feet or more. Mr. Fabbroni stated that the Health Department wants a statement that there are no known bottlenecks in the sewer system from this project back toward Cayuga Heights. Board Member Candace Cornell asked if the Town of Ithaca owned any of Birchwood North. Mr. Fabbroni responded that the Town of Ithaca had a letter of credit to insure the completion of the project. Mr. Fabbroni stated that he did not know if they had been deeded over at this point. Ms. Cornell asked if people were allowed to walk on the roads to get to the temporary walkways. Mr. Fabbroni stated that they were platted as a public right of way at this point. Mr. Fabbroni stated that the question at this point is does the Town own the right of way yet. Town Attorney John Barney stated that he did not know the answer to that, but that he could find out. Ms. Cornell stated that it would not do the residents any good to have a trail that they could not get to. Chairperson Kenerson stated that this was a Public Hearing and asked if anyone from the Public wished to speak. Arno Selco of 311 Salem Drive, addressed the Board and stated that he was concerned with the location of the park land dedication. Mr. Fabbroni stated that when the balance of Rocco Lucente's land was subdivided, Mr. Lucente has submitted a letter stating that the .53 acres required for this subdivision would be added to whatever the Town required as park land in that future proceeding. Mr. Selco read a letter that he had written and addressed to Mr. Stephen Lucente: "Dear Mr. Lucente: My family and I live at 311 Salem Drive. My neighbors, the Amato's live at 401 Salem Drive. For many years the Amato's and me have maintained the property between our homes. Our Planning Board 9101 September 6, 1994 two families are now interested in possessing this piece of property. Our inquiries have revealed that your father, Rocco Lucente, currently owns the property. We are contacting you because the future of the property more than likely depends on the development of the subdivisions you have proposed between Salem Drive and Sapsucker Woods Road. We are aware of the law of 'Adverse Possession' and are considering invoking these procedures and provisions. Before we do this, we would like to meet with you to discuss how you would prefer to handle our interest in possessing the property. We look forward to hearing from you and meeting with you soon. Sincerely yours, ". Mr. Fabbroni stated that Stephen Lucente had stated that he would be very willing to speak with Mr. Selco and Mr. Amato. Mr. Fabbroni stated that as far as the 'Adverse Possession', Mr. Lucente's attorney would be speaking with Mr. Amato and Mr. Selco's attorney, because it is a very complicated piece of law. Jerrold Davis of 309 Salem Drive, addressed the Board and asked how much of the land of Rocco Lucente was under discussion with Cornell University. Mr. Fabbroni stated that it may be all of Rocco Lucente's land or just the portion north of the subdivision proposed at this meeting. Mr. Davis asked if it could be extended to the property south of the right of way. Mr. Fabbroni stated that it could extend to all of the property Rocco Lucente has there. Mr. Selco stated that if there is a trail being proposed, and if he possessed that land, there would be no way to get the trail to Salem Drive. Town Engineer Daniel Walker stated that the Town of Ithaca has a sanitary sewer easement through that land, which will not be given up. Mr. Walker stated that the Town would also have the trail easement for that land to Salem Drive. Town Attorney John Barney stated that Mr. Selco's point was that if he and his neighbor already own that land by Adverse Possession, there is not an opportunity for Rocco or Stephen Lucente to convey an easement to the Town. Mr. Fabbroni stated that it would need to be open and notorious possession and mowing that portion of lawn is a long way from open and notorious possession of a piece of property. Jerrold Davis of 309 Salem Drive, addressed the Board and stated that there was a temporary cul -de -sac at the end of the proposed development at this point. Mr. Davis stated that there were general plans of what may occur at some time in the future. Mr. Davis stated that if that land goes to Cornell University there would be a permanent cul -de -sac. Mr. Davis stated that the discussion of the Planning Board should be expanded at Planning Board 31 September 6, 1994 some time to consider whether or not the Town is prepared to have a permanent cul -de -sac at the end of that small block, or if there would be a Town of Ithaca through road to Salem Drive from that point. Board Member Stephen Smith stated that the plans do not put a road all the way through to Salem Drive. Mr. Smith stated that it could go either way. Mr. Selco stated that this is a Final hearing and the decisions made at this meeting are going to be made final at this meeting. Mr. Selco asked what the final plan was. Mr. Fabbroni stated that the final plan is exactly as was proposed in the Preliminary Subdivision hearing. Mr. Fabbroni then pointed to the plat that was being considered for Final Subdivision Approval. (Final Subdivision Plat is attached hereto as Exhibit #3) Mr. Selco asked if the dedication was part of the final approval. Mr. Fabbroni responded, yes. Mr. Selco asked if the easement included the land between his house and the Amato's house. Mr. Fabbroni stated that it included the walkway to the extent that it would follow the center line of the sewer line through that land and be a six -foot walkway. Mr. Selco asked if the Board considered the property in dispute at this point. Mr. Finch responded, no. Mr. Finch stated that there was a sign on it stating that it was a future Town road with an easement on it from the Town for the sewer, and that he did not see that as a dispute. Town Attorney John Barney stated that approval would be approval of title by the Town stated that if the title is defective, then because of a claim of Adverse Possession, and to the Board, but for now the Board assumes tY to the Town good and marketable title to the approval is conditioned upon this occurring, one of the conditions of Attorney. Attorney Barney there would be a problem it would have to come back tat Mr. Lucente can deliver items and the subdivision Town Planner Jonathan Kanter stated that the Town Board accepted the actual location of the walkway and the cul -de -sac easements at their July 1994 Meeting. Mr. Selco stated that he wants the land left exactly as it is if he can not own it. Mr. Selco asked who would maintain the land if the development was granted. Attorney John Barney stated that the Town of Ithaca would be responsible for maintaining the land after taking title to it. Planning Board 32 Chairperson Kenerson noted that this was if anyone else from the public wished to Chairperson Kenerson closed the Public Hearing to the Board for discussion. September 6, 1994 a Public Hearing and asked speak. No one spoke. and brought the matter back There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Candace Cornell, seconded by Herbert Finch: r.•:� 1. This action is the consideration of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 °8.2, 24.6 +/- acres total, into 2 parcels, 1.22 +/- acres and 23.38 +/- acres, respectively, for the purpose of completing the proposed Sanctuary Woods Subdivision, located on the west side of Sapsucker Woods Road, Residence District R -15. Stephen Lucente, Applicant; Rocco Lucente, Owner; and 2. The Planning Board, at a Public Hearing held on June 7, 1994, granted Preliminary Subdivision Approval, with conditions, for the above - referenced parcel, as well as the proposed Sanctuary Woods Subdivision; and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on June 7, 1994, made a negative determination of environmental significance; and 4. The Town Board, on July 11, 1994, has approved the location of the proposed road, utilities, temporary cul -de -sac easement, and temporary walkway easement for the Sanctuary Woods Subdivision; and 5. The Planning Board, at a Public Hearing held on September 6, 1994, has reviewed the proposed subdivision plats, entitled "Final Subdivision Plat -Lands of Lucente & Hughes, dated June 29, 1994," and "Final Subdivision Plat - Sanctuary Woods," prepared by Lawrence Fabbroni, P.E., L.S., dated January 21, 1994, and revised April 12, 1994 and June 29, 1994, and other application materials, 1. That the Planning Board hereby grants Final the proposed subdivision of Town of Ithaca 2496 +/- acres total, into 2 parcels, 1.22 acres, respectively, for the purpose of Sanctuary Woods Subdivision, as shown o entitled "Final Subdivision Plat - Lands prepared by Lawrence P. Fabbroni, Surveyor, conditioned upon the following: Subdivision Approval for Tax Parcel No. 73- 1 -8.2, +/- acres and 23.38 +/- completing the proposed n the subdivision plat of Lucente & Hughes," and dated June 29, 1994, r. Planning Board 33 September 6, 1994 a. The 1.22 +/- acre parcel to be conveyed to Stephen Lucente must be consolidated with Town of Ithaca Tax Parcel No. 73 -1 -7.2 for the purpose of completing the proposed Sanctuary Woods Subdivision. b. Easements for, and title to, the temporary walkway and temporary cul -de -sac shall be in a form acceptable to the Town Attorney, and approved by the Town Attorney prior to signing of the final plat by the Planning Board Chairman. c. A permanent park and recreation dedication of ten percent (2.46 acres) shall be established when the remainder of the parcel owned by Rocco Lucente (Tax Parcel No. 73- 1 -8.2) is subdivided, as determined by the Planning Board, which 2.46 acres shall be in addition to the .53 acre park and recreation dedication to be placed on the remainder of the parcel (Tax Parcel No. 73- 1 -8.2) by reason of the Sanctuary Woods Subdivision of Stephen Lucente being considered simultaneously with this subdivision. d. The temporary easement referred to above shall remain in effect until such time as there is a future subdivision of said Tax Parcel No. 73 -1 -8.2 and /or an alternative park and recreation dedication is made acceptable to the Town of Ithaca Planning Board and Town Board. e. Map modified to show temporary trail extending to the publicly dedicated portion of Birchwood Drive North and Salem Drive. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Hoffmann, Finch, Ainslie, Cornell, Smith. Nay now None. The MOTION was declared to be carried unanimously. Board Member Gregory Bell asked what would happen to the cul -de -sac if Rocco Lucente's land was sold to Cornell University. Town Attorney John Barney stated that the cul -de -sac is the Town of Ithaca's property forever. Mr. Bell asked if the land was sold if the Town of Ithaca could still use the land. Attorney Barney stated that the easements go with the land. There being no further discussion, the Chair asked if anyone were prepared to offer a motion. MOTION by George Bayer, seconded by Candace Cornell. f • Planning Board 34 September 6, 1994 WHEREAS: 1. This action is the consideration of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 73- 1 -7.2, 5.33 +/- acres, into 14 parcels, for the Sanctuary Woods Subdivision, located on the west side of Sapsucker Woods Road, Residence District R -15. Stephen Lucente, Applicant; and 2. The Planning Board, at a Public Hearing held on June 7, 1994, granted Preliminary Subdivision Approval with conditions, for the proposed Sanctuary Woods Subdivision; and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on June 7, 1994, made a negative determination of environmental significance; and 4. The applicant has proposed to provide a temporary walkway easement and to construct a walkway as an interim park and recreation dedication, pending a more comprehensive park development in conjunction with other lands of Rocco Lucente; and January 21, 1994, 50 The Town Board, on July 11, 1994, has approved the location of the proposed road, utilities, temporary cul -de -sac easement, and temporary walkway easement for the Sanctuary Woods Subdivision; and 6. The Planning Board, at a Public Hearing held on September 6, 1994, has reviewed the proposed subdivision plats, entitled "Final Subdivision Plat - Lands of Lucente & Hughes, dated June 29, 1994," and "Final Subdivision Plat - Sanctuary Woods," prepared by Lawrence Fabbroni, P.E., L.S., dated January 21, 1994, and revised April 12, 1994, and June 29, 1994, and other application materials. NOW, THEREFORE, BE IT RESOLVED: 1. That the Planning Board hereby grants the proposed subdivision of Town of I 5.33 +/- acres, into 14 parcels, as entitled "Final Subdivision Plat - Lawrence P. Fabbroni, Surveyor, and revised April 12, 1994, and June 2! following. Final Subdivision Approval for thaca Tax Parcel No. 73- 1 -7.21 shown on the subdivision plat Sanctuary Woods," prepared by dated January 21, 1994, and if 1994, conditioned upon the a. Easements for the temporary walkway and temporary cul -de -sac shall be in a form acceptable to the Town Attorney and shall be approved by the Town Attorney prior to signing of the final plat by the Planning Board Chairman. b. A permanent park and recreation dedication of ten percent (0.53 acre) for this parcel shall be included in the park dedication when the remainder of lands owned by Rocco Lucente (Tax Parcel No. 73- 1 -8.2) are subdivided, as determined by the Planning Board. • Planning Board 35 September 6, 1994 c. Execution of a consent by Rocco Lucente prior to signing of the final plat by the Planning Board Chairman, in recordable form, implementing paragraph be above by which he agrees that a portion (0.53 acre) of his remaining land, Tax Parcel No. 73 -1- 8.2, will be added to the usual park set aside when said land is subdivided. d. The portion of the parcel labelled "to be added to Patricia Lucente lot" shall be consolidated with Town of Ithaca Tax Parcel No. 73 -1 -6. e. Delivery of deeds from (i) Rocco Lucente, for the portion of the subdivision that lies on lands currently owned by Rocco Lucente, and (ii) Mrs. Margaret Hughes, for the remaining property in the subdivision, and approval of these deeds by the Town Attorney prior to signing of the final plat by the Planning Board Chairman. f. The temporary easements referred to above shall remain in effect until such time as there is a future subdivision of Tax Parcel No. 73 -1 -8.2 and an alternative park and recreation dedication is made acceptable to the Town of Ithaca Planning Board and Town Board. g. Submission to and approval by the Town Engineer of an original and (4) copies of the final subdivision plat suitable for recording in the Tompkins County Clerk's office, to be revised to show (i) highway centerlines for the existing Sapsucker Woods Road and the proposed Sanctuary Drive; and (ii) building envelopes for each building lot, based on the minimum yard setbacks required in the R -15 District as enumerated in the Town of Ithaca Zoning Ordinance. h. Submission of a tax County Division of may be appropriate taxes or special subdivided, prior Planning Board Cha: and assessment certificate from the Tompkins Budget and Finance, or other department as indicating that there are no outstanding assessments due on the property to be to the signing of the final plat by the Orman. i. Submission of a mortgagor's certificate, signed and sealed by the mortgagor's), if any, to the effect that he consents to the plat and the dedications and /or restrictions shown on or referred to on the plat, prior to signing of the final plat by the Planning Board Chairman. j. Submission of an owner's certificate, signed by the owner's), to the effect that he (they) owns the land, that he has caused the land to be surveyed and divided, and that he makes the dedications indicated on the plat. 1 Planning Board 36 September 6, 1994 k. Completion of the road and other public improvements and acceptance of all proposed dedications by the Town Board including sewer easements, water easements and roads, all as shown on the plat. 1. Receipt of two copies of the approval by the Tompkins County Department of Health of the proposed public water and sewer facilities. m. Receipt of appropriate title documentation including title abstract and deed conveying marketable title to all improvements to the Town. n. Execution of an agreement in form acceptable to the Town Attorney whereby the developer agrees to pay all real estate taxes applicable to the properties being conveyed to the Town until the same are classified as exempt properties for real estate taxation purposes. o. Items k - n above to be accomplished before issuance of any building permits, unless this requirement is subsequently modified by the Planning Board or the Town Board. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of the Final Subdivision Approval for the Sanctuary Woods Subdivision duly closed at 11:46 p.m. OTHER BUSINESS Chairperson Kenerson stated that there was no other business to come before the Board. ADJOURNMENT Upon meeting of 9/12/94. Motion, Chairperson Kenerson declared the September 6, 1994 the Town of Ithaca Planning Board duly adjourned at 11:49 p.m. Respectfully Submitted, StarrRae Hays, Recording Secretary, Town of Ithaca Planning Board. r 'To 411q of =-r #ACA FASTCM IKIG rrs MRK ARCR W/T#I# WNiCN oPC$ y SPICE W144 & R�Yt'0 UPON Ft1iiJRE S080,,(/%3/0# OF 4CrTt k6r 1 A$ NoR Fool£ o Ro.�ltA (U114) a TA7� PAkC0% o S6- 3- )q,� CKS gX, V� Q' R.o. 7rRRY 4. S1HGGE70K (576/647) /,o-r 4 OF EWJVOR REMAINMR OF /K �wN of =#A CA It lo �° �1 a 3I 3 pip 5M* S i Q 4 0 3 f� R Ro.���C6z,�a) IoN Ro- WkRWoo6 rr BR A P °cC'- (5-6113(15) it 530-x! Conditions of Sub - division Approval 1. That lot number one (1) on the sub-division plat will not be conveyed by Eleanor Foote except with a right of way ` over the area shown as a proposed Town of Dryden road �o on a map entitled Sub- division Plat Peregrine Hollow. n 2. The Town of Ithaca will not issue a building permit on G parcel one (1) unless and until the owners of that parcel have dedicated out of parcel number one (1) all the land north of the northern portion of a proposed road called Blue Heron Road oo a map entitled Sub..division Plat Peregrine Hollow which is adjacent to the lands owned by the Town Of Ithaca and called Eastern Heights ParL Because the location of Blue Heron Road could change when the final ,Y drawing are prepared for the Town of Ithaca the acreage shall be between L51 acres and 2.26 acres. / /o' UMDOtd000fr I� F REMaiiMCR OF 005 (6'61/365) of o'kvNoR Foy? K /k 7OWN OF DR A0 SUMVISiON p1,47- C4JE MOR F007-' 4194(40S Exhibit #1 9/6/94 Minutes (pB) 7ill i M� DRAFT RESOLUTION, Proposed Two -Lot Subdivision, Eleanor Foote Property, 1598 Slaterville Road Preliminary Subdivision Approval Planning Board, September 6, 1994 WHEREAS. 1. This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56- 344.2, 20001 +/- acres total area, into two lots, 11.35 +/- and 8.65 + /- acres in size respectively, located on the north side of Slaterville Road between Burns Road and the Town of Ithaca/Town of Dryden line, Residence District R -15. Eleanor Foote, Owner; Ralph Varn, Applicant, and 2. The Planning Board, at a Public Hearing held on September 6, 1994, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, a map entitled "Subdivision Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York" prepared by Lawrence P. Fabbroni, P.E., L.S., and dated May 19, 1994 and revised August 22, 1994, and other application materials, and 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 September 6, 1994, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED. 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Final 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 enunciated or implied by the Town Board. 2. That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56 -3 -14.2, 20.01 acres + / -, into two lots, 11.35 +/- and 8.65 +/- acres in size respectively, located on the north side of Slaterville Road, as shown on a map entitled "Subdivision Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York," prepared by Lawrence Fabbroni, P.E., L.S., and dated May 19, 1994 and revised August 22, 1994, subject to the following conditions: a. The final subdivision plat shall be revised to show a specific area to be reserved for park or recreation purposes, totalling 2.0 acres + / -, adjoining the Town of Ithaca Eastern Heights Park, for possible future dedication to the Exhibit #2 9/6/94 PB Minutes P0 7ill i M� DRAFT RESOLUTION, Proposed Two -Lot Subdivision, Eleanor Foote Property, 1598 Slaterville Road Preliminary Subdivision Approval Planning Board, September 6, 1994 WHEREAS. 1. This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56- 344.2, 20001 +/- acres total area, into two lots, 11.35 +/- and 8.65 + /- acres in size respectively, located on the north side of Slaterville Road between Burns Road and the Town of Ithaca/Town of Dryden line, Residence District R -15. Eleanor Foote, Owner; Ralph Varn, Applicant, and 2. The Planning Board, at a Public Hearing held on September 6, 1994, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town planning staff, a map entitled "Subdivision Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York" prepared by Lawrence P. Fabbroni, P.E., L.S., and dated May 19, 1994 and revised August 22, 1994, and other application materials, and 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 September 6, 1994, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED. 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Final 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 enunciated or implied by the Town Board. 2. That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56 -3 -14.2, 20.01 acres + / -, into two lots, 11.35 +/- and 8.65 +/- acres in size respectively, located on the north side of Slaterville Road, as shown on a map entitled "Subdivision Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York," prepared by Lawrence Fabbroni, P.E., L.S., and dated May 19, 1994 and revised August 22, 1994, subject to the following conditions: a. The final subdivision plat shall be revised to show a specific area to be reserved for park or recreation purposes, totalling 2.0 acres + / -, adjoining the Town of Ithaca Eastern Heights Park, for possible future dedication to the Exhibit #2 9/6/94 PB Minutes DRAFT Town of Ithaca. It is understood by the Town of Ithaca Planning Board that at the time of future subdivision of Lot 1, the specific boundaries of this park reservation area may be requested to be modified by the applicant, pending final alignment of the proposed road that would serve said future subdivision. b. Lot 1 shall not be conveyed or transferred, subsequent to its sale to Mr. Ralph Varn, until and unless frontage on and access to an approved public road is provided (presumably by extending the Peregrine Hollow road as a loop through Lot 1). If such road frontage and access is not provided within _ years from the date of this subdivision approval, said subdivision approval shall be terminated and void, and Lot 1 shall revert back to Mrs. Eleanor Foote. This restriction shall be shown on both the final plat and in the recorded deeds for both Lots 1 and 21 C* A variance for lack of frontage on an approved public road shall be obtained for Lot 1 from the Board of Zoning Appeals prior to the granting of Final Subdivision Approval by the Planning Board. d. Detailed drainage and erosion and sediment control plans shall be prepared and provided to the Town of Ithaca Planning Board prior to any future subdivision approvals of either Lot 1 or 2, where additional lots are proposed. ( e.• The Planning Board should determine whether easements for future through access roads should be shown on the final plat, in which case this should be added as a condition. 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