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HomeMy WebLinkAboutPB Minutes 1998-03-03TOWN OF ITHACA PLANNING BOARD MARCH 3, 1998 The Town of Ithaca Planning Board met in regular session on Tuesday, March 3, 1998, in Town Hall. 126 East Seneca Street, Ithaca, New York, at 7:30 p.m PRESENT: Chairperson Fred Wilcox, Eva Hoffmann, James Ainslie, Robert Kenerson, Gregory Bell, Jonathan Kanter (Director of Planning), John Barney (Attorney for the Town), Daniel Walker (Director of Engineering) George Frantz (Assistant Town Planner), Christine Balestra (Planner). ALSO PRESENT: Larry Fabbroni, Marty Newhart, John Yntema, Mickey Herzing, Elizabeth deProsse. Nancy Watts, John Vasse, Carolyn Grigorov, Chris Gulick, Becky Bilderback, Renate Ballard, Nick Lambrou, Patricia Benedict, David Yamto, John Beau Saul, Ann Bvrne, Don Crittenden, Margaret Hobble. Chairperson Fred Wilcox declared the meeting duly opened at 7:35 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 February 23,1998, and February 25, 1998, 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 Ithaca, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on February 25, 1998. (Affidavit of Posting and Publication is hereto attached as Exhibit # 1.) Chairperson Wilcox read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD: There were no persons present to be heard. Chairperson Wilcox closed this segment of the meeting. AGENDA ITEM: SE OR DETERMINATION SITE PLAN MODIFICATION FOR LOT 19B GRANDVIEW SUBDIVISION, 204 WESTVIEW LANE: Chairperson Wilcox duly opened the above noted matter at 7:36 p.m., and read aloud from the Agenda. Lawrence Fabbroni stated that he is representing Ivar Jonson who owns Lot 19B at 204 Westview Lane, and he is proposing a 5 x 18 foot addition to the garage as part of the rebuilding the structure that was damaged by fire. He would also like to inform the Planning Board that there will be a number of window changes and opening changes to add window space and /or sliding glass doors to the unit. The way the original covenants were written it would suggest that anything that extends the exterior by an inch might be of interest to the Planning Board. Mr. Fabbroni passed around some photographs of the building as to where the 5 x 18 foot addition will occur on the site. Mr. Fabbroni stated that there will be additional space added to the garage for added storage and utility space off the side of the garage. Board Member Eva Hoffmann stated that there are also other changes to the site plan. Mr. Fabbroni stated that is what he just referred to when he said that there are more openings with windows and doors. PLANNING BOARD MINUTES 2 MARCH 3, 1998 APPROVED - APRIL 21, 1998 The Planning Board reviewed the photographs supplied by Mr. Fabbroni, and had a brief discussion of the layout of the roof and the burned structure. Mr. Fabbroni explained how Mr. Jonson wants to change the layout of the roof alignment. Board Member James Ainslie asked when the fire occurred to this structure. Mr. Fabbroni stated that the fire happened sometime last fall. Chairperson Wilcox stated that the only reason this project is before the Planning Board is because of the Town Board resolution mentioning that anv changes to the building that would increase the width of the building or the lot could not be constructed with the site plan that was approved previously. That is why the addition of the 90 square feet to the back requires Planning Board review. Mr. Fabbroni stated that the five foot addition %Mould still be within the side yard requirement. MOTION made by Robert Kenerson, seconded by James Ainslie: NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore. neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. Assistant Town Planner George Frantz stated that another WHEREAS should be added to the proposed resolution stating "That the Town Planning Staff makes a recommendation of negative determination of environmental significance." Director of Planning Jonathan Kanter stated that in WHEREAS number 4 the words "at the Public Hearing held" should be removed from the proposed resolution. There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit #2.) Chairperson Wilcox duly closed the SEQR determination at 204 Westview Lane at 7:43 p.m.. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR THE PROPOSED REBUILDING AND MODIFICATION OF THE FIRE - DAMAGED UNIT ON LOT 19B OF THE PREVIOUSLY APPROVED GRANDVIEW SUBDIVISION LOCATED AT 204 WESTVIEW LANE, TOWN OF ITHACA TAX PARCEL NO 58-2-39e371* THE APPLICANT PROPOSES TO REBUILD THE UNIT ON LOT 19B ESSENTIALLY AS IT WAS WITH A SMALL ADDITION TO THE GARAGE FOR UTILITIES AND STORAGE A BAY WINDOW IN THE KITCHEN, AND THE BUILDING WOULD HAVE A ONE FOOT HIGHER ROOF TO PROVIDE A PLANNING BOARD MINUTES 3 MARCH 3, 1998 APPROVED - APRIL 21, 1998 PHYSICAL BREAK AT THE FIRE WALL ADJOINING THE ATTACHED UNIT. THE ORIGINAL SUBDIVISION CONDITIONS AND DEED RESTRICTIONS REQUIRE THAT THE PLANNING BOARD APPROVE BUILDING CHANGES PRIOR TO A BUILDING PERMIT BEING ISSUED IVAR JONSON, OWNER/APPLICANT; LAWRENCE FABBRONI PE LS, AGENT: Chairperson Wilcox duly opened the above noted matter at 7:44 p.m., and read aloud from the Notice of Public Hearings. Chairperson Wilcox opened the Public Hearing, and asked if anyone from the public wished to be heard. No one spoke. Chairperson Wilcox closed the Public Hearing, and brought the matter back to the Planning Board for review. Attorney for the Town John Barney asked if the other unit was damaged when the fire occurred. Assistant Town Planner George Frantz responded. yes. Attorney Barney asked who would be rebuilding the common wall. Mr. Fabbroni stated that there are st allow Mr. Jonson to proceed with his half of up to it. Mr. Jonson is looking for sharing adjacent owner wants to come to the middle technique. ill discussions happening about sharing the expenses. This would the building. and leave the common wall for the neighbor to work of that expense. The final details need to be worked out. The of the fire wall with the lumber which is not a good replacement Attorney Barney stated that he does not think it xvould be appropriate to build something that would be impossible for the other person to build. Mr. Fabbroni presented some photographs of the house where the original construction was done. Attorney Barney and Mr. Fabbroni had a brief discussion of the photographs. Attorney Barney and Ivar Jonson had a brief discussion about how Mr. Jonson wants to do the reconstruction, and the cost effect to each owner. MOTION made by Gregory Bell, seconded by Robert Kenerson: NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby 1.vaives certain requirements for Preliminary and Final Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waivers 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 and Final Site Plan Approval for the addition measuring 8 by 10 feet to be constructed on the exterior of the dwelling at 204 Westview Lane, as shown on the survey entitled "Map of Survey Lots 19 -A and 19 -13, Grandview Subdivision, Town of Ithaca, Tompkins County, New York" prepared by Robert S. Russler, Jr., LS, dated May 30, 1995, and revised by Lawrence P. Fabbroni, PE on February 9. 1998, subject to the conditions listed on the attached Final Site Plan Checklist. Chairperson Wilcox stated that condition number 2 where it states "8 by 10 feet' should be changed to read "5 by 18 feet'. The proposed resolution refers to the conditions listed on the attached Final Site Plan Checklist, which were detailed sizing, final materials specifications of all required improvements, and PLANNING BOARD MINUTES 4 APPROVED - APRIL 21, 1998 MARCH 3, 1998 construction details of all proposed structures, roads. water and sewage facilities and other improvements, and one original mylar copy and two paper copies of the Final Site Plan to be retained by the Town of Ithaca. Attorney Barney stated that condition number 2 should have additional language added which states "and subject to the condition that any reconstruction of the fire damaged building by the owner of Lot 19 -A or Lot 19B involves the roofs and common wall of the damaged building be done as the owners together mutually agree or failing agreement, work in such area by either owner be accomplished in a manner that does not adversely affect the ability of the other owner to restore his /her property." There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit 93.) Chairperson Wilcox duly closed the discussion on the Grandview Subdivision at 8:01 p.m.. AGENDA ITEM: SEAR DETERMINATION, NEWHART SUBDIVISION EAST KING ROAD: Chairperson Wilcox duly opened the above noted matter at 8:02 p.m., and read aloud from the Agenda. Marty Newhart, 171 East King Road, stated that 173 East King Road is his parent's property. He would like his mother to convey the land she presently owns in the back of his house (which is 3 +/- acres) to him, and to include the driveway. The driveway to his house is in back of his mother's house. The driveway now is currently under an easement, and by his mother conveying the back lot to include the driveway would simplify some problems he has had in the past as far as the utilities coming across the property. This would still leave his mother's lot within the requirements of the Town. Mr. Newhart stated that he would be going before the Zoning Board of Appeals on March 1 1, 1998 for a variance for his mother's property for frontage. Chairperson Wilcox asked Mr. Newhart if there are any environmental aspects of this change. Mr. Newhart responded, no. Board Member Hoffmann asked Mr. Newhart if the utilities he mentioned is the sewer easement. Mr. Newhart responded, yes, and this past year he connected to the gas lines. His need to bring the gas lines across is what brought up questions about the easement. There were not major problems, but down the road he could see problems in the future. Mr. Newhart stated that his father has passed away and his mother is in a nursing home which complicates this even further. Incorporating the driveway in with the purchase of the back lot would be the most sensible way at this point. Chairperson Wilcox stated this would also eliminate a landlocked parcel in the Town. Board Member Bell asked how did the Town of Ithaca ever approve a landlocked parcel. PLANNING BOARD MINUTES 5 APPROVED - APRIL 21, 1998 MARCH 3, 1998 Assistant Town Planner Frantz stated that approval happened before 1984. The Town of Ithaca did not start reviewing two -lot subdivisions until 1984. Attorney Barney stated that the Town did not approve it. and it was illegal because the Town had zoning in 1974. Assistant Town Planner Frantz stated that this proposal is cleaning up what had happened in the past. MOTION made by Eva Hoffmann, seconded by Robert Kenerson: NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimouslv. (NOTE: Formal adopted resolution is hereto attached at Exhibit #4.) Chairperson Wilcox duly closed the SEQR determination on East King Road at 8:08 p.m.. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF 3.0 +/- ACRES FROM TOWN OF ITHACA TAX PARCEL NO, 44- 2 -8.21 CONSISTING OF A TOTAL OF 3.8 +/- ACRES, LOCATED ON THE SOUTH SIDE OF EAST KING ROAD APPROXIMATELY 1,450 FEET WEST OF RIDGECREST ROAD, FOR CONSOLIDATION WITH THE ADJACENT TAX PARCEL NO 44-2-8.1, RESIDENCE DISTRICT R -30. BOTH PARCELS CONTAIN EXISTING HOUSES, NO NEW CONSTRUCTION IS PROPOSED. ANNE R. NEWHART, OWNER; RICHARD M. NEWHART, APPLICANT• Chairperson Wilcox duly opened the above noted matter at 8:09 p.m., and read aloud from the Notice of Public Hearings. Chairperson Wilcox opened the Public Hearing, and asked if anyone from the public wished to be heard. No one spoke. Chairperson Wilcox closed the Public Hearing, and brought the matter back to the Board for further discussion. Chairperson Wilcox stated that he noticed on the survey map that Mr. Newhart's gravel driveway may be infringing on the neighbor to the west. Mr. Newhart stated that he was aware of that. Assistant Town Planner Frantz stated that he noticed at a site visit that the gravel driveway was approximately one foot onto the neighbor's property to the west. MOTION made by Gregory Bell, seconded by James Ainslie: PLANNING BOARD MINUTES 6 MARCH 3, 1998 APPROVED - APRIL 21, 1998 NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waivers will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 44- 2 -8.2, located at 173 East King Road, as shown on the plat entitled "Survey Map A Portion of Lands of Anne R. Newhart, Town of Ithaca, Tompkins County, State of New York," prepared by Michael Reagan LS dated November 11, 1997, and other application materials, subject to the following conditions: a. Within six months of this approval, conveyance of the 3 +/- acre "Proposed Parcel to be Conveyed" to the owner of Tax Parcel No. 44- 2 -8.1, and submission to the Town of Ithaca Planning Department of a copy of the deed conveying said parcel and a copy of the request to the Tompkins County Assessment Department for consolidation of said parcel with Tax Parcel No. 44- 2 -8.1, and b. Signature of the Chairperson of the Planning Board, on an original or mylar copy of the plat, prior to filing with the Tompkins County Clerk's Office. Attorney Barney stated that there should be a condition number 3 added to the proposed resolution which should read "that such approval by this Board does not signify approval of this Board of maintaining the gravel driveway outside the boundaries of the fifty foot strip fronting on East King Road." Assistant Town Planner Frantz stated that in condition number 2a, the language "Proposed Parcel to be Conveyed ", should be changed to read "remaining Lands of Anne R. Newhart". There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit #5.) Chairperson Wilcox duly closed the discussion on the Newhart Subdivision at 8:15 p.m.. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD REGARDING A PROPOSED LOCAL LAW ESTABLISHING A NINETY (90) DAY MORATORIUM ON THE CONSTRUCTION OF TELECOMMUNICATION TOWERS IN THE TOWN OF ITHACA: Chairperson Wilcox duly opened the above noted matter at 8:16 p.m., and read aloud from the Notice of Public Hearings. Chairperson Wilcox opened the Public Hearing, and asked if anyone from the public wished to be heard. No one spoke. Chairperson Wilcox closed the Public Hearing, and brought the matter back to the Board for further consideration. PLANNING BOARD MINUTES 7 APPROVED - APRIL 21, 1998 MARCH 3, 1998 Attorney Barney stated that there is a lot of controversy over telecommunication towers in the area. There is not complete clarity about how much of a role that a local municipality has in regulating this. This is a simple policy that could be put into place, but the Town needs to avoid somewhat size, location, and where the applicant wants to locate the towers. To get the legislation and go through the review process it will take a while so the Codes and Ordinances Committee suggested a 90 day moratorium period to allow the Town to complete the drafting of the adoption process. This has come about more recently because the cell towers are allowed to be placed far apart to get coverage. The new PCS has a shorter range that requires towers closer together or more elevated. The PCS service is driving a lot of the municipalities to be concerned about these towers because in order to get complete coverage those towers will need to be closely spaced together. There needs to be some sort of regulation to give the Town an opportunity to look at the possibility to encourage location of the transmission and receiving facilities. Chairperson Wilcox asked if this would require a study. Attorney Barney responded, no. This requires a study by the attorneys more than the Codes and Ordinances Committee. There is legislation in Congress now. Depending on which side the Town is on it may make it easier for the Town to regulate or if the lobbying efforts of the industry group prevail if may make it impossible to regulate. Whatever the Town does it will need to be revisited for the correct legislation to be put into place. Board Member Ainslie asked if the Town could stop the telecommunication towers from being installed. Attorney Barney responded, no. The Town cannot regulate them on the grounds that the electromagnetic emissions are contrary to health as long as they establish their emissions are within the requirements of the FCC. The Town can make the applicant demonstrate that there is not a better place to put the tower that may be less offense either visually or height wise. The Town could also build into the law the obligation of the applicant to pay for the Town or the regulating authorities for hiring a consultant in order to properly evaluate an application and advise the Town appropriately. These are some of the things that the Town is exploring that need to be incorporated into the legislation. Board Member Ainslie stated that he noticed the possible location would be in agricultural land. Attorney Barney stated that right now the only place a radio tower could be built is in agricultural districts in the Town of Ithaca. These are telecommunication towers which are different from radio transmission towers. Board Member Ainslie asked if there is any language in the agricultural district law that prevents these towers from being built in the Town of Ithaca. Director of Planning Kanter stated that he does not believe so. There is some proposed State Legislation that is trying to get some consistent wav of handling this to be consistent with other state laws. Board Member Ainslie stated that he visited a property in Newfield and those people have two towers on their property hillside, and those people are getting $750.00 a month per tower. Attorney Barney stated that the purpose of this law tonight is to give the Town of Ithaca 90 days to do the work to get the right legislation in place. PLANNING BOARD MINUTES 8 APPROVED - APRIL 21. 1998 MARCH 3, 1998 Chairperson Wilcox stated that Tompkins County has done their review and there is no deleterious effect. The Planning Board is not considering SEQR because the Town Board will act as Lead Agency. MOTION made by Robert Kenerson, seconded by Gregory Bell: NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board. pursuant to Article XIV. Section 78 of the Town of Ithaca Zoning Ordinance, hereby finds that: a. There is a need for the proposed local lacy establishing a ninety (90) day moratorium on the construction of telecommunication towers, and b. The existing and probable future character of the Town will not be adversely affected, and C. The proposed local law is in accordance with a comprehensive plan of development of the Town, and will provide the Town Board with a reasonable period of time to draft and consider regulations controlling the construction of telecommunication towers within the Town of Ithaca. BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed "Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca." There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit #6.) Chairperson Wilcox duly closed the discussion on the construction of telecommunication towers in the Town of Ithaca at 8:26 p.m.. PUBLIC HEARING: CONSIDERATION OF FINAL SITE PLAN APPROVAL AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED RECONSTRUCTION OF BIG AL'S HILLTOP QUIKSTOP, TO INCLUDE DEMOLITION OF THE EXISTING FUEL PUMP ISLAND AND CONVENIENCE STORE AND CONSTRUCTION OF NEW FUEL PUMP ISLANDS WITH CANOPY AND A +/- 31330 SQUARE FOOT CONVENIENCE STORE, NEW CURBING AND ENTRANCES, NEW PARKING AREAS AND REPLACEMENT OF THE EXISTING POST SIGN LOCATED AT 1103 DANBY ROAD (ROUTE 96b), TAX PARCEL NO'S 43 -2 -1 AND 43-2-21 TOTALING 1.53 +/ ACRES, ALSO PROPOSED IS THE RESUBDIVISION OF THE TWO EXISTING PARCELS INTO TWO NEW LOTS APPROXIMATELY +/- 1.13 ACRES AND +/- 0 409 ACRES RESPECTIVELY. PLANNING BOARD MINUTES 9 APPROVED - APRIL 21, 1998 MARCH 3, 1998 BUSINESS DISTRICT "C ". BIG AL'S HILLTOP OUIKSTOP, INC OWNER/APPLICANT• MICHAEL HERZING, AGENT: Chairperson Wilcox duly opened the above noted matter at 8:27 p.m.. and read aloud from the Notice of Public Hearings. Chairperson Wilcox opened the Public Hearing, and asked if anyone from the public wished to be heard. No one spoke. Chairperson Wilcox closed the Public Hearing, and brought the matter back to the Board for further consideration. Michael Herzing stated that he supplied the Planning Board with a letter (dated January 30 1998) summarizing all the pertinent information requested by the Planning Board for Final Site Plan Approval. Board Member Hoffmann stated that she vas surprised to see that East King Road is called East King Road in two locations. Mr. Herzing stated that he discussed that matter with all the pertinent personnel so he would not have to make that decision. Chairperson Wilcox stated that it would be important for this Board to recommend to the County or the Fire Commissioners to look into that to resolve the fact that there are two road segments called East King Road. Chairperson Wilcox asked Mr. Herzing to review the lighting of the rear of the building. Mr. Herzing stated that previous documentation showed the type of lighting that he would be using. On the front and the back of the building the lights will hang from the soffits. On the sides of the building that will be not be possible because there are no soffits to angle them from so they will be wall mounted. He would be using the same type of lighting that he uses on his McLean store. The lighting will be pointed downward away from the neighbors. As he mentioned before he would be adding additional conduit for future lighting instead of taking up the pavement later to add more lighting fixtures. Board Member Hoffmann stated that at previous meetings there was mention of roof drains on the new convenient store and the canopies to the gas pumps. Ms. Hoffmann asked if there would be a drain which - picks up the water from the roof through the pipes that goes below the pavement. Mr. Herzing responded, yes. The same thing was done at the McLean store also. He would not get blue prints for the canopies until he pays for them because they are all custom built. Chairperson Wilcox asked Mr. Herzing if that is because of British Petroleum. Mr. Herzing responded, no, that is just industry standard. Chairperson Wilcox stated that he visited the McLean store on Monday. It was a very clean set up. The thing that annoyed him the most was the amount of Citgo color on the property on both the band around the building, the signage, and the canopy. Chairperson Wilcox asked Mr. Herzing what does British Petroleum want him to do. Mr. Herzing stated that the Citgo colors are called tri -band. T Petroleum is green and yellow. By no means would it be to the effect has different codes, so he was able to do different things out there. He Ithaca as far as that goes. The British Petroleum colors are more green here are three different colors. British that McLean is. The Town of Dryden realizes the limitations in the Town of opposed to just green and yellow. The PLANNING BOARD MINUTES 10 MARCH 3, 1998 APPROVED - APRIL 21, 1998 yellow would be highlighting numbers and letters. The British Petroleum sign. the BP would be vellow and the background would be green. Chairperson Wilcox stated that he did not care for the three colors going around the building. Mr. Herzing stated that was a cost effective thing because the petroleum company furnished those panels for free. Board Member Hoffmann stated that she noticed in the photograph of the British Petroleum canopies and gas pumps two different variations of Level 3 and Level 4. Ms. Hoffmann asked Mr. Herzing which level would he be using. Mr. Herzing stated that he would be using Level 4. The difference is the presentation of the column wraps that go along the side of the pumps. With Level 3 the wraps do not go along the side of the pumps where on Level 4 they do. It is a much cleaner and better looking appearance by using the Level 4. The wraps are very expensive, which are approximately $15,000 for four of them. Level 4 would make the area dressier. Board Member Hoffmann asked Mr. Herzing if there is any difference in the total height of the structures whether it is a Level 3 or Level 4. Mr. Herzing responded, no. The difference of levels is strictly in the package that British Petroleum puts together as far as presentation goes. Assistant Town Planner Frantz stated that Mr. Herzing has addressed all the questions and concerns that have been raised regarding the project. Director of Planning Kanter stated that Mr. Herzing would need to get a variance for the proposed signage through the Sign Law requirements. MOTION made by Eva Hoffmann, seconded by Robert Kenerson: NOW, THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Final Site Plan Approval for the proposed reconstruction of Big Al's Hilltop Quikstop, as shown on the drawings entitled, "Big AI's Hilltop Quikstop, Final Plat ": "Big Al's Hilltop Quikstop, Demolition & Erosion Control Plan ": "Big Al's Hilltop Quikstop, Layout Plan ": "Big AI's Hilltop Quikstop, Utility & Grading Plan ", and "Big AI's Hilltop Quikstop, Landscaping Plan ", prepared by T.G. Miller. P.C. Engineers and Surveyors and dated February 2, 1998, a set of building elevation drawings entitled "Big Al's Get -n -Go, Preliminary Design ", prepared by Precision Design and dated January 27, 1998. and other application materials, subject to the following conditions to be met prior to issuance of a building permit: a. Submission of construction details of all proposed improvements and detailed sizing and final material specifications of all improvements, including proposed water and sewer line connections prior to issuance of a building permit; and b. Submission of an original or mylar copy of the final site plan to be retained by the Town of Ithaca; and PLANNING BOARD MINUTES 11 APPROVED - APRIL 21, 1998 MARCH 3, 1998 C. Record of application for and approval status of all necessary permits from all relevant county, state and federal agencies: and d. Approval by the Zoning Board of Appeals of any required variances from the Town of Ithaca Sign Law. AND BE IT FURTHER RESOLVED, l . That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waivers will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Final Subdivision Approval for the proposed resubdivision of the two existing parcels at Big Al's and +/- 0.409 acres respectively. as Plat ", prepared by T.G. Miller, P., application materials, subject to the Hilltop Quikstop into two new lots, approximately + / -l. U acres shown on the final plat entitled "Big AI's Hilltop Quikstop, Final Engineers and Surveyors and dated February 1, 1998, and other following condition: a. Submission for signing by the Planning Board Chairman of an original or mylar copy and four paper copied of the final subdivision plat, prior to the filing in the Tompkins County Clerk's Office. Attorney Barney stated that in condition number la the following language should be deleted from the proposed resolution "prior to issuance of a building permit." There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit #7.) Chairperson Wilcox duly closed the discussion on Big Al's Hilltop Quikstop at 8:44 p.m.. AGENDA ITEM: CONSIDERATION OF A LETTER OF RECOMMENDATION TO THE ZONING BOARD OF APPEALS REGARDING SETBACK VARIANCES IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT OF 84 APARTMENT UNITS ON A 6.4 +/- ACRE SITE TO BE KNOWN AS SUMMERHILL APARTMENTS PHASE II LOCATED ON SUMMERHILL LANE TOWN OF ITHACA TAX PARCEL NO. 62 -2 -19127 MR MULTIPLE RESIDENCE DISTRICT. IVAR 1.7J 111V FOLLOWUP TO THE SKETCH PLAN DISCUSSION AT THE FEBRUARY 17 1998 MEETING: Chairperson Wilcox duly opened the above noted matter at 8:45 p.m., and read aloud from the Agenda. MOTION made by Fred Wilcox, seconded by Gregory Bell: PLANNING BOARD MINUTES 12 APPROVED - APRIL 21, 1998 NOW, THEREFORE, BE IT RESOLVED: MARCH 3, 1998 That the Town of Ithaca Planning Board hereby accepts the proposed letter written to Chairman David Stotz in regards to the Summerhill Apartments Phase II proposal as written. There being no further discussion. Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Ainslie, Kenerson. Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit 48.) Chairperson Wilcox duly closed the discussion of recommendation to the Zoning Board of Appeals in regards to the Summerhill Apartments Phase II at 8:48 p.m.. AGENDA ITEM: OTHER BUSINESS: Director of Planning Kanter stated that he mentioned the consensus of the Planning Board's concerns of the Planning Board Member's Terms of Office to the Town Supervisor and the Town Board as to the Term of Office being reduced from seven years to five years. A public hearing on the Local Law for the Planning Board Member's Term of Office was advertised for the Town Board Meeting on March 9th. The Town Board will be discussing the question of changing the term of Planning Board Members, but the Public Hearing will be postponed depending on the discussion at the next Town Board meeting. If any Planning Board Members want to attend the Town Board meeting to discuss this matter further they are welcomed to come and speak out. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL PRELIMINARY SUBDIVISION APPROVAL AND A RECOMMENDATION TO THE TOWN BOARD REGARDING REZONING FROM R -15 RESIDENCE TO MR MULTIPLE RESIDENCE IN CONJUNCTION WITH THE PROPOSED MECKLENBURG HEIGHTS APARTMENTS TO CONSIST OF 56 APARTMENT UNITS IN SEVEN BUILDINGS TO BE LOCATED ON A 9.8 +/- ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO. 27 -1 -13912 TOTALING 95 +/- ACRES. THE SITE IS LOCATED ON MECKLENBURG ROAD ADJACENT TO THE TOWN OF ITHACA/CITY OF ITHACA BOUNDARY R45 RESIDENCE DISTRICT. ANTHONY CERACCHE OWNER; CONIFER REALTY APPLICANT• JOHN FENNESSEY AGENT: Chairperson Wilcox duly opened the above noted matter at 8:51 p.m., and read aloud from the Notice of Public Hearings. John Fennessey, Conifer Realty, stated that Conifer Realty has proposed a preliminary site plan for review to develop 56 apartments consisting of one, two, and three bedroom units. Conifer's partner is here tonight, Becky Bilderback of Better Housing for Tompkins County. David Harding from Carl Jahn Associates who are the Landscape Architects for the project is also in attendance tonight. The Landscape Architects have been the entity that has prepared the plan everyone was provided with as well as all the detail plans. They are proposing a subdivision off of the larger parcel owned by Anthony Ceracche which is approximately 95 +/- acres. This project will consist of approximately 9 +/- acres. Conifer intends to purchase half of the 95 +/- acres that Mr. Ceracche owns. It was also mentioned that this property is zoned R -15 in the Town of Ithaca, and they are requesting a rezoning on this particular property from the R -15 to MR Multiple Residence to PLANNING BOARD MINUTES 13 APPROVED - APRIL 21 1998 MARCH 3, 1998 permit the development that is being proposed. Conifer has been working with the Planning Board since last summer in an effort to try and address all the issues. particularly traffic and environmental considerations, and other land use planning considerations to come up with a plan to present to the Planning Board tonight. Becky Bilderback, Director of Better Housing of Tompkins County, stated that Better Housing is a not - for- profit in Tompkins County that does strictly affordable low income to moderate income housing in a variety of different types such as first time home buyers, home repairs for seniors, and management and development of senior housing. Better Housing has four senior housing units in Tompkins County that they manage. The need for affordable housing for families has been on the Better Housing list of goals and a need that they have felt is a need in the County. They did a lot search into Conifer's background even though she knew them to begin with. She felt that this is a corporation that she felt comfortable in working with. This is where Better Housing entered into a joint venture. Better Housing is a fifty percent owner with Conifer Realty for this project. Better Housing has a long term interest in the providing of affordable housing for the community through this project. They even have as part of the joint venture agreement when the regulatory period runs out (30 years is required), where Better Housing has the first option of refusal to purchase the property from Conifer to carry out affordable housing further in terms of their goals and purposes for affordably for the community in this project. Better Housing is not just into this project to get the project started, they are into this for a long term commitment. David Harding, Carl Jahn Associates, stated that the proposed development is focused on seven units of apartment buildings occurring around the central community building. When this project was initially proposed there was an access driveway coming out to Route 79 to the east side of the Murray property, but because of concerns by New York State Department of Transportation (NYSDOT) and the Planning Board, Conifer was open to the suggestion that the driveway access be relocated to the west side of the Murray property. The location of the driveway was situated so it could be extended in a northerly direction into the rear portions of the land owned by Mr. Ceracche, and also aligned such that it could be extended south of Route 79 to other potential development there. The preliminary sketch plans illustrate how an access road would continue back across those lands onto other property further to the north. Part of that proposal is to develop a Town parkland in the northeast corner of the Ceracche parcel, which would have access off a north /south main corridor as well as potential access coming from the east out of the City limits. Mr. Harding stated that the excavation that would need to be arrangement to help minimize that eastern property line that would co and then slowly discharge it into a buffer and provides separation from sketch plan shows they would grade the property to minimize the extent of done. They have modified the design of the buildings to a split level further. They are showing the development of a detention basin along the Ilect water that is currently running off the site in a west to east direction, storm system that runs into the City. This same area acts as a vegetative some of the single family residences located to the east on Hector Street. Mr. Harding stated that since the last meeting with the Planning Board a concern was expressed about the walkway systems within the site, and they were only showing walkways coming from parking areas to the units themselves. They have since shown a looping walkway system to provide access for the residents to get to the community building more sensibly. They also show an access coming from the walkway system on the site to Route 79 to facilitate access for people from the development to the neighborhood and to potential bus routes. The site has been designed so that public transportation buses could enter the site, for which the details need to be worked out with those officials. They tried to preserve to the greatest extent possible the vegetation. It was difficult because of the steep nature of the site. so they focused mainly on trying to preserve a grove of walnut trees at the northeast corner of the Murray property. They are showing landscaping plantings being done throughout the site and along the front on Route 79 to soften the views of the buildings. In a previous meeting, they presented some photographs that Ms. Bilderback took that show the public what types of views PLANNING BOARD MINUTES 14 MARCH 3, 1998 APPROVED - APRIL 21, 1998 and how visible this development would be from both the adjoining properties and from points more distant. One of the sketch plans shows some cross sections through some various critical views showing how the site would not be all that visible which is a function of maintaining existing vegetative shrubs right along the boundary line along with developing a berm associated with a detention basis and doing additional plantings throughout the site. Mr. Harding stated that since the last meeting they added screening fences around the dumpsite locations. The dumpsites will be located more towards the points of use. They also addressed the concern about the use of large community mailboxes, which are more scattered throughout the site. Mr. Fennessey stated that they now have adequate sight distance from the main entry road into the property. They have laid this out for the proposed subdivision of the 95 +/- acre parcel into four parcels. One parcel would be retained by Mr. Ceracche to the west of the proposed roadway that would tie into the 9 acre parcel that would be dedicated to the Town for use as potential parkland in the future. Then that leaves the remaining parcel between the 9 acre parcel they are proposing to develop here tonight and the parkland. Mr. Fennessey asked Mr. Harding what is the approximate distance from the nearest building to the property line. Mr. Harding stated that would be approximately 150 feet. The two buildings closest to Route 79 are the one bedroom units. They were located there because they would be occupied by childless families. Two family units were located in the central location, and the three bedroom units would be located towards the rear of the property because that would put the children far enough away from the main road. Mr. Fennessey stated that in the center of the development is the community building which would house the offices for the on -site resident manager; laundry equipment to serve the project, and a maintenance facility to serve the development. Chairperson Wilcox opened the Public Hearing. Director of Planning Kanter stated that this Public Hearing approval, preliminary subdivision approval, and recommendation to rezoning. is in regard to preliminary site plan the Town Board on the suggested Nick Lambrou, 601 Warren Place, asked if the Planning Board has any plans for future development that these people are referring to. Mr. Lambrou stated that they mentioned that they would line up the road for future development of some type and rezoning some parcels. Mr. Lambrou asked what are the Planning Board's plans for that. Director of Planning Kanter pointed out on an enlarged map of the overall Ceracche parcel where the Mecklenburg Heights project site would be located. Mr. Kanter stated that the Town's long-term plans if possible are to have a connector road that would connect Mecklenburg Road to Bundy Road to the north. Right now it is very difficult for emergency vehicles to get to the West Hill area from Trumansburg Road. One of the Town's long term goals, which could be done in conjunction with this project is, if someday a connector road is built as he described before. The other aspect of the Town's future long -range plans which comes from the Town Board's adoption of the Park, Recreation, and Open Space Plan would be to have a large community park in this area of the Town. Looking at the two properties, the 95 acre Ceracche property and the Perry farm to the north, would help provide the Town with an opportunity at this point to actually assemble a large portion from both properties for parkland. There may be a total of approximately 23 to 25 acres to set aside for parkland from both parcels. These are both long term goals for the Town. The Town does not have any plans or has not budgeted money to do these things. This is just long term planning for the Town's plans of this general area. PLANNING BOARD MINUTES 15 MARCH 3, 1998 APPROVED - APRIL 21, 1998 Elizabeth deProsse, Triphammer Road, stated that she is a member of the Town of Ithaca Conservation Advisory Board, and she would be representing the Environmental Review Committee. She and John Yntema (Conservation Board Member) have walked this property and studied the plans. They believe the landscaping plants are skimpy, and they are happy that the developers are going to try to conserve most of the trees on the property. Having one bush on each corner of each apartment building does not seem enough. They have some concerns with the parking areas and the trees. Nls. deProsse asked if someone enters the parking lots would the lights shine into the building. She believes there should be shrubs by the building to protect the buildings from the shining lights. They believe the sidewalk to the street seems too close to the curve and it should be moved west closer to the Murray property. The construction tricks will be using that area also, and they believe it is too close to the curve. She thinks that T -CAT should be approached to serve the tenants of the development. She is worried about a bus shelter for the children. She has lived on this hill before and it is windv and cold. Ms. deProsse asked if the community building would have adequate laundry facilities, and if there is enough space for community child care for cooperative babvsitting. She also asked if the outdoor play area is adequate for the children. Ms. DeProsse stated that she is talking for the Conservation Board now and asked if the dumpsites are available to all the buildings by the sidewalk, and if there would be recycling available. The buildings inside the traffic circle are not all connected directly to the community building, and people would be walking directly to the community building when it is not too muddy. Director of Planning Kanter stated that the Planning Board was supplied with a copy of the memorandum from the Conservation Board Environmental Review Committee dated March 3, 1998. Chairperson Wilcox stated that most of the major concerns of the Conservation Board are being addressed in the proposed resolution. Patricia Benedict, 627 Warren Place, stated that she was concerned about the school for children in the development. The children in this area attend Cavuga Heights Elementary School. There are three classrooms for grades K through 5. There are a lot of students attending that school. When her daughter rides the school bus there usually are three children per seat. The school bus is very crowded. There would need to be something done about getting more buses for this route. Warren Place is used a lot as a cut off road to get onto Hector Street. The speed limit is not adequately maintained, there is a lot of people speeding. Nis. Benedict asked if her neighborhood would be used as a cut off with traffic from people of the development. Also the noise, because a lot of times in the summer they can hear Cornell fraternity parties or games in her neighborhood. Ms. Benedict asked what would this apartment housing noise levels be in that area. Board Member Hoffmann asked Ms. Benedict if the noise she hears comes across the lake or the hillside where Cornell University is. Ms. Benedict stated that she is not sure, but neighbors down the street have heard the same noise. It seems like the noises are coming from Cornell University. Chairperson Wilcox stated that the applicant has provided a detailed traffic study of the neighborhood, including the additional amount of traffic that would be added to Route 79 based on a full build Out of the proposal. Director of Planning Kanter stated that reviewing the Environmental Assessment Form and the traffic study the Planning Staff felt that there would not be am significant impacts from this level of development on the surrounding neighborhood. The traffic studv looked at traffic levels primarily on Mecklenburg Road itself along with Hector Street and some side roads to Trumansburg Road. In some ways the traffic study found that PLANNING BOARD MINUTES 16 MARCH 3, 1998 APPROVED - APRIL 21, 1998 the level of traffic from this particular proposal will not add significant volumes onto existing roadways, and therefore, the impact would not be significant. Chairperson Wilcox asked if the Town has a formal application to New York State for a speed reduction on Mecklenburg Road. Attorney Barney stated that the request was deferred by the Town Board until this project was approved and under construction because it was felt that there would then be a greater case of the increased traffic to request the traffic speed reduction. The State governs the roads, and allythe Town Board can do is petition the State. In this situation the Town Board decided that a stronger case could be made with the State if the project was approved therefore resulting in more traffic and more people to be concerned about with the speed limit. John Beau Saul, 11 12 Hector Street, stated that he had several concerns. He and most of the neighbors would like to see the studies that were done. They appreciate the invite for those of us that live within 200 feet of the proposed project site, but there were a whole lot of other people who did not get the invite. Mr. Saul stated that he is concerned with the lack of the City's involvement in planning. He understands when there is a project involving the boundaries the City asked for the Town's involvement, and vice versa. He is disappointed that the City is not here tonight being involved with this. This definitely effects the City of Ithaca as well. Mecklenburg Road to Hector Street is the only road in the City of Ithaca that goes from a 55 MPH to a 30 MPH speed limit. There is not a buffer zone. His occupation makes him be on the street for a fair amount of time. This is the only entrance way into the City of Ithaca, and a 90 degree curve is ridiculous. Regardless which way this proposal goes, he strongly encourages the Town to submit the application to get Mecklenburg Road outside the City of Ithaca for a fair amount of distance for a speed reduction. It is common sense. Mr. Saul stated that the Town would be taking a neighborhood that is basically single family homes for a fair amount of land, and proposing high density residences right next to it. This proposal borders the City of Ithaca, and the neighborhood is zoned R -1A. The City of Ithaca zoning does not match the Town of Ithaca Zoning. R -IA in the Citv of Ithaca is the most restrictive zoning they have. Mr. Saul stated that the drainage flow that goes into the City drainage system is actually the ditch in his yard. It already is not sufficient. He would like to see the study because he is not convinced at all on that. Mr. Saul stated that he would love to see the studies that the Town of Ithaca has, and try to get more of the neighborhood involved. He would appreciate it if the governments would go beyond the 200 feet and actually notify people that would be affected. Chairperson Wilcox stated that the notification of this Public Hearing was published in the Ithaca Journal which is the legal responsibility of the Town. The notifications to neighbors within 200 feet of the proposed project is a courtesy that the Town performs, and is not legally obligated to do that. Chairperson Wilcox stated that this is the fourth time this proposal has been before the Planning Board. The first time was for preliminary discussion, and then the Environmental Review requirements of the State which covered the drainage issues. The drainage issues were presented and reviewed by the Town Engineer. The traffic studies were presented and reviewed by the Planning Board previously. Chairperson Wilcox stated that he remembers seeing something on the local public access channel where Mayor Cohen mentioned something at one of the City Board Meetings telling the members that this project was happening. Director of Planning Kanter stated that throughout the environmental review of this project, which has been happening for several months now, the Town coordinated the review with all involved agencies as well as the adjacent City of Ithaca. The Town is required to do that by law because this would be a rezoning adjacent to the City boundary. The Town notified the Mayor's office, the City Clerk's office, and the City's Planning Department. The Town received communication from the City's Planning Department indicating that they had no problems with this proposal, and would refer it to the Town with their judgment for approval. This has been a long process, and there have been numerous contacts with the adjacent City governments. There was a PLANNING BOARD MINUTES 17 APPROVED - APRIL 21, 1998 MARCH 3, 1998 meeting with the West Hill Civic Association recently where the applicant presented the plans to the neighborhood. There have been numerous contacts with involved agencies. Chairperson Wilcox asked Mr. Walker is he could summarize his findings of the drainage plan. Director of Engineering Walker stated that the applicants provided a storm water detention facility for Phase I that will maintain a discharge off the site at a rate no higher than what exits the site right now. There will be some modifications of flow path because currently the chief flow goes across the site and into the back yards of the properties immediately to the east of the proposed site. That flow will be diverted along the eastern property line for most of the site and discharged into the drainage system on Hector Street and into an existing drainway that drains down to the City. He has had some contacts with the Department of Public Works for any response for any impacts they may have. Mr. Lambrou stated that the neighborhood still needs to hear ar live there. They see the seasons, the leaves turn brown and fall, and melts as far as the drainage is concerned. Mr. Lambrou asked what is does the Town want another low income housing project on West Hill. Hill Apartments. Mr. Lambrou asked what is the Planning Board trying iswers as to how they feel because they they see what happens when the snow the Planning Board thinking, and why There is the West Village and Chestnut to achieve here. Mr. Fennessey stated that he does not think the question deserves a response. These are people who will live in the community, and they are people who live in the community now. It is a very well thought out development, and he does not see anything wrong with the whole development. Director of Planning Kanter stated that he does not think it is a good idea in this kind of hearing situation to respond to every single question that comes up. The Planning Board has tried it, but it does not seem to be working right now. The Planning Board should receive public comments now, and there can be discussion afterwards. Board Member Ainslie stated that as a Planning Board member, this Board does not bring these housing issues. The Board listens to housing issues that are brought to the Town for review, and then after reviewing them the Board decides to pass them or not. The Planning Board did not instigate this low housing project, so the public cannot ask this Board where the idea came from. People who own land, such as Mr. Ceracche, they have the right to sell their land to developers, and then the developers come to the Town with their application proposals. The Planning Board listens to proposals that are brought to the Town for review of development. Chris Gulick, 325 Cascadilla Street, stated that he is here on behalf of the Citizen's Planning Alliance, which is a group of approximately 70 members. IVIr. Gulick stated that he believes it is good that there were gestures made at the last Planning Board meeting. that the sidewalk connections were made. He thinks connections fully around the circle on both sides are important especially to the play area and to the Community Building. Inside the circle there should be sidewalk connections to buildings 3, 4, and 5 to the Community Building. Mr. Gulick stated that there should also be connections to the basketball courts otherwise people would need to walk in the streets. The changes in the mailboxes was a good idea, because it was previously suggested to have the mailboxes clustered. Mr. Gulick stated that it was mentioned earlier that people would be parking their cars in the parking areas and have to walk to the buildings. Lights will be shining into the buildings. Residents and visitors will drive into the development seeing the Community Building first, but a parking lot in front of the building. A parking lot has dead space and it is not appealing. A suggestion would be to move the parking lot to either side of the Community Building. Mr. Gulick stated that his father is a planner in a municipality in New Jersey, and he looked at this plan with him. The shrubs around PLANNING BOARD MINUTES 18 MARCH 3, 1998 APPROVED - APRIL 21, 1998 the units are skimpy. If people are to respect the area they live in there should be more landscaping done to help people enjoy the area in which they live in. More shrubs and landscaping would be a good idea. Mr. Gulick stated that the shade trees are supposed to shade houses, but where they are proposed they would not be shading anything. The bus would not be able to stop on Route 79, especially in the winter time. If the bus service does get extended to this project a turn in should be built on the side of the road along with a shelter for the children to stand in. Mr. Gulick stated that it would be nice to have this whole project in the City. The southwest area is being planned right now, but it is good that this development is slated for development instead of developing on open space. Don Crittenden, Bundy Road, stated that the idea of low to moderate income housing is a good one and noble idea, but he hopes the Planning Board really considers the gravity of changing the zoning from R -15 to Multiple Residence. When the Town enacts zoning they are holding out to the people that it is the way it is going to be, and to change it the Town really needs a compelling reason to do that. He thinks this project should be in a multiple residence area, or there should be some compelling reason why the zoning should change, so he hopes the Planning Board could consider this strongly. Ms. Benedict stated that she believes that is the big question, if this has been proven that there really is a need for another low income housing development built on West Hill. She has not heard anything about, and she just recently heard about this proposal. Ann Burn, 157 Bundy Road, stated that she agrees if there is room in the City of Ithaca for this that this development should be moved in the City. Ms. Burn asked why this project cannot be moved into the City where it is zoned for. Chairperson Wilcox asked if anyone else from the public wished to be heard. No one spoke. Chairperson Wilcox closed the Public Hearing, and brought the matter back to the Board for further discussion. Director of Planning Kanter stated that he would like to clarify the rezoning concerns. The Town should be considering rezoning not only the actual development site (9.8 +/- acres), but the area of the entrance roadway. It would be better to tailor the proposed rezoned areas to include this strip so that there would be some additional controls that the Town would have over what happens to make sure the surveying covers that. The subdivision approval deals with a number of things on the plat. The proposed park area is the northeast corner of the Ceracche property shown as 9.4 +/- acre area, and as the Town requested the applicant did show an access easement connecting with the unopened street in the City of Ithaca. The unopened street is just to the east of the Ceracche property, and provides potential access to Oakwood Lane. To keep open future possibilities in this area, the thought is to shift the park boundary 60 feet to the north of this access easement strip so the easement is not located within the park area. That would free the access strip to use as access rather than being used as park land. Mr. Kanter stated that it was not clearly indicated on the plat, but it would be a good idea to show the whole western side (Phase II) as "Reserve for Future Road Right -of- Way ". Also it would make sense to extend the access easement all the way west to the future road right -of -way. These are only future considerations. On the site plan map, the suggestion of connecting the proposed the pedestrian walkway from the development to Route 79 was added. It is a good idea to have a connection like that, but because of the sight distance in this area and the proximity to the curb at Hector Street, the Planning Staff would like to suggest that pedestrian walkway be moved somewhat further west towards the Murray property. Likewise the preliminary erosion and sedimentation control plan shows a temporary construction access area at the same place the pedestrian walkway is, and for the same reason for sight distance it would be better to relocate the temporary construction entrance further towards the Murray property. This access would need to be located carefully because there are existing woods and vegetation in this area. Mr. Kanter stated that landscaping needs to be added on the project site. The Planning Staff suggests more buffering along Route 79 PLANNING BOARD MINUTES 19 MARCH 3, 1998 APPROVED - APRIL 21. 1998 and areas around the buildings and parking lots. Existina vegetation around the Linderman Creek area needs to be preserved in the natural state along with the vegetation behind the houses fronting on Hector Street. Mr. Kanter stated that for the play area it would be important to have a very functional usable aesthetically pleasing area for children and adults, and the Plannin, Staff would like those details worked out further in the final site plan review. Mr. Kanter stated that the walkway connections are important for the development from each building to the community building and the bus stop areas. It is important not to have people walking on the driveway or roadway to get from one area to another. Board Member Bell stated that for conditions of site plan approval, in the northwest corner of the project, there is a double loaded parking area surrounding a dead end street. At one point the parking area just ends there, and in earlier discussions it was mentioned that this may connect into Phase II. Mr. Bell asked if this is something that the Planning Board needs to consider. Director of Planning Kanter stated that the applicants are not proposing that connection at this point. Board Member Bell asked if that parking lot was being built if it could be extended if there was a Phase II. Mr. Fennessey stated that there was consideration earlier on how they could connect into the remaining lands of Mr. Ceracche. It is conceivable that the parking area could connect into that, but it is not being proposed at this time because of the future road way being proposed. Board Member Ainslie asked Ms. Bilderback if she could explain the need for low income housing and if there is a waiting list for this project. Ms. Bilderback stated that she has been involved in affordable housing for 20 + years in Tompkins County in a variety of ways. Better Housing always receives phone calls from people looking for low income housing. They have had some calls on this project, but they have not established a waiting list. Better Housing has received phone calls about this project from people that are interested in it. Ms. Bilderback stated that as part of the application a detailed comprehensive marketing plan was made by an independent agency. That study was not done by any one showing interest in this project. The study showed a need for these units without being a negative impact on existing units. There is no point building new units if this would hurt other housing projects. There is a need for these units. Ms. Bilderback stated that she has dealt with the State for many years, and they are very concerned about that, and one of the biggest things the State looks at is the market study for the need of these low income housing projects. The State will not fund a project if they feel the housing project was not needed. No developer wants to build a project if they cannot fill the units. She sees the need for affordable family units, which is discussed at many committees and boards in the community. This development does not come with a deep rent subsidy. There needs to be a certain minimum income to qualify. The project is more of a low to moderate income than a very low income type of eligibility for that. Board Member Ainslie asked Ms. Bilderback if these rents would be less than comparable rents in the City of Ithaca. Ms. Bilderback responded, yes. Board Member Ainslie stated that people mentioned why the Town does not put this project in the City. Probably with the cost of the land in the City these rents would be better because the cost of land would be less in the Town. PLANNING BOARD MINUTES 20 MARCH 3, 1998 APPROVED - APRIL 21, 1998 Ms. Bilderback stated that she is not qualified to discuss the cost of land in the City because Better Housing works outside the City of Ithaca. There have been discussions on where to put low income housing projects, but that is an argument that could be made in a lot of different directions. People should be given some options and choices, and spread out throughout the County. Board Member Bell asked Ms. Bilderback what income levels and rents are included for these different apartments. Ms. Bilderback stated that rents would be approximately $400 to $550 for one, two, or three bedroom sizes. The rents include most utilities, except the lights. The incomes are set at 60 percent of the median income for Tompkins County. The income limit for one person is just under $20,000. They will have a medium income of $1,000 per month they would need to live in these units. Board Member Bell asked if that would be for a one person unit. Ms. Bilderback responded, yes, and it would scale up somewhat for the bigger units. Board Member Hoffmann stated that she had some concerns about the bus stop area. Ms. Bilderback stated that she met with the School District bus people. They walked the whole length along Route 79. The School Districts had some concerns, but they had no problems with the school bus stopping at the driveway entrance as there was very adequate vision up and down Mecklenburg Road. Board Member Hoffmann asked Ms. Bilderback if she was talking about the road to the west of the Murray property. Ms. Bilderback stated that she was talking about the primary driveway into the project. The Planning Board had a brief discussion on the school bus stop and the public transportation for this project. MOTION made by James Ainslie, seconded by Gregory Bell: NOW, THEREFORE, BE IT RESOLVED. I. That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town Of Ithaca Zoning Ordinance, hereby finds that: a. There is a need for the proposed Mecklenburg Heights Apartments in the proposed location adjacent to the City of Ithaca boundary, and in particular, there is a need for affordable housing of the type proposed by the applicant. and b. The existing and probable future character of the Town will not be adversely affected by the proposed rezoning and apartment development and C. The proposed rezoning from R -15 Residence to MR Multiple Residence is in accordance with a comprehensive plan of development of the Town, which designates the project site as appropriate for "Suburban Residential" development, and in addition, is adequately served by public water and sewer facilities, is adjacent to the City of Ithaca, and has the potential to be served by public transit; and PLANNING BOARD MINUTES 21 MARCH 3, 1998 APPROVED - APRIL 21, 1998 2. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed local law to amend the Town of Ithaca Zoning Ordinance by rezoning that portion of Town of Ithaca Tax Parcel No. 27 -1 -13.12 which is proposed for the Mecklenburg Heights Apartments development as shown on the "Preliminary Layout and Planting Plan (L -2), dated February 3, 1998, and more specifically described in "Schedule A" which is included in the proposed local law, subject to the following condition: a. That the area to be rezoned to MR Multiple Residence include the 100 foot wide strip of land containing the proposed entrance drive as shown on the preliminary plan entitled "Mecklenburg Heights Apartments. Preliminary Layout and Planting Plan," (L -2), dated February 3, 1998, and that the entire area to be rezoned be shown and accurately labeled on a map with detailed survey information. including dimensions, property metes and bounds to the nearest one - tenth, angles to the nearest minute, and at least one bearing, and location and description of all monuments and section line corners, prior to final consideration of the rezoning by the Town Board. AND BE IT FURTHER RESOLVED. 1. That the Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Tax Parcel No. 27- 1- 13.12, totaling 95 +/- acres, into four lots, 9.818 +/- acres, 32.445 +/- acres, and 9.473 +/- acres, and 42.992 +/- acres in size respectively, as shown on the preliminary plat entitled "Preliminary Plan, Mecklenburg Heights; Lands Now or Formerly Anthony Ceracche, Part of Military Lot 56," dated 12/31/97 and revised 2/2/98, prepared by Robert T. Bolton, PLS, C.T. Male Associates, P.C., conditioned upon the following to be completed prior to the granting of Final Subdivision Approval: a. Revision of the subdivision plat to include complete locations and descriptions of all line corners and government survey monuments; and b. Revision of the subdivision plat to modify the southernmost boundary of the "Parcel to be Dedicated to the Town of Ithaca for Use as a Park" by shifting said boundary 60 feet to the north so that the park parcel is situated in its entirety to the north of the proposed 60 foot ingress and egress easement (Area = 0.818 +/- acres), and in addition, to modify the remaining boundaries of the park parcel, as necessary, to replace the 0.818 +/- acres which are deleted by incorporating the above - referenced boundary shift; and C. Revision of the subdivision plat to show that the entire western edge of the parcel labeled as "Phase 2" (32.445 +/- acres) to be reserved as a future road right -of -way (width to be determined by Planning Board); and d. Provisions, in writing, to guarantee future access to the "Parcel to be dedicated to the Town of Ithaca for Use as a Park', for review and approval by the Attorney for the Town; and e. Revision of the subdivision plat to extend the proposed 60 foot ingress and egress easement (Area = 0.818 +/- acres) westward through the entire Phase 2 parcel to connect with the future road right- of -wav that is to be added along the western edge of that parcel (refer to condition "c" above): and PLANNING BOARD MINUTES 22 MARCH 3, 1998 APPROVED - APRIL 21. 1998 f Revision of the subdivision plat to include an ingress /egress easement, 100 feet in width, within the "Phase 2" parcel, extending in an easterly direction along the northern boundary of the Murray parcel, to ensure access from Mecklenburg Road through the proposed entrance drive to the "Phase 1" parcel: and g. Acceptance by the Town Board of the location of the "Parcel to be Dedicated to the Town of Ithaca for Use as a Park and h. Acceptance by the Town Board of the locations of all ingress /egress easements that will provide access to the "Parcel to be Dedicated to the Town of Ithaca for Use as a Park" and the proposed water line easement, and proposed language for the above - referenced easements for review and approval of the Attorney for the Town; and Before construction of any improvements anywhere in the Phase 1 or Phase 2 parcels is commenced, requirements of the Final Site Plan Checklist shall be met. and Final Site Plan Approval granted by the Town of Ithaca Planning Board; and 2. That the Planning Board hereby finds that the proposed "Parcels to be Dedicated to the Town of Ithaca for Use as a Park" is an appropriate location for a community park, as described in the "Town of Ithaca Park, Recreation, and Open Space Plan ", adopted by the Town Board on December 8, 1997, and that said park dedication shall fulfill the parkland reservation requirements of the entire remaining lands in the original 95 +/- acre parcel which is the subject of this preliminary subdivision approval. AND BE IT FURTHER RESOLVED: 1. That the Planning Board hereby grants Preliminary Site Plan Approval for the proposed Mecklenburg Heights development to consist of 56 apartment units in seven buildings to be located on a 9.8 +/- acre portion of Town of Ithaca Tar Parcel No. 27- 1- 13.12, as shown on revised preliminary plans entitled "Mecklenburg Heights Apartments, Preliminary Grading and Utility Plan (L -1), Preliminary Layout and Planting Plant (L -2), Preliminary Erosion Control Plan (L03), and Cross Sections (L -4)," all dated February 3, 1998, and prepared by Carl Jahn & Associates, Landscape Architects and Planners, and other application materials, conditioned upon the following: a. Rezoning of the proposed project site by the Town Board from R -15 Residence to MR Multiple Residence prior to consideration of Final Site Plan Approval by the Planning Board; and b. Preparation and submission of final design and construction details of all proposed drainage and stormwater management improvements for review and approval by the Town Engineer prior to Final Site Plan Approval. and C. Submission of construction details of all proposed structures. roads, water and sewage facilities, and other improvements, prior to Final Site Plan Approval; and d. Submission of details of size, location. design, and construction materials of all proposed signs and lighting, prior to Final Site Plan Approval; and e. Revision of the site plan to include further connections of the internal walkway system to provide safer and more accessible pedestrian facilities for residents, in particular connecting PLANNING BOARD MINUTES 23 MARCH 3, 1998 APPROVED - APRIL 21, 1998 the walkways to the east of Building No. 4. Final plans should also include a relocation of the pedestrian walkway which connects with Mecklenburg Road further to the west (closer to the Murray property) so that there is better sight distance for pedestrians approaching Mecklenburg Road. Construction details of proposed walkways. including the above revisions. shall be submitted prior to Final Site Plan Approval. and f. Revisions of plans to include bicycle racks at appropriate areas near buildings; and g. Revision of the erosion control plan (L -3) to relocate the temporary construction entrance (to be removed upon completion of earthwork) further to the west (closer to the Murray property) to provide better sight distance for construction equipment/vehicles exiting the construction site. This temporary construction entrance will be subject to approval by the New York State Department of Transportation (NYSDOT); and h. Submission of final, detailed sedimentation and erosion control plan, as revised in "a" above, prior to Final Site Plan Approval; and i. Revision of the plan to add appropriate landscaping in the following areas: shade trees and shrubs around buildings and parking lot edges (especially between parking lots and buildings), and further plantings along the Mecklenburg Road frontage to enhance the buffer to include a mixture of conifers and flowering deciduous trees. Plans should also be revised to indicate that existing vegetation bordering along Linderman Creek and the wetlands shall be preserved to the extent practicable to minimize impacts of runoff and siltation on the stream corridor and wetlands; and j. Submission of a detailed landscaping plan and planting schedule incorporating the conditions listed in "I" above, prior to Final Site Plan Approval; and k. Submission of final, detailed building elevations and floor plans for all buildings, including descriptions of building materials and colors, and description of use areas in the community building, prior to Final Site Plan Approvals; and 1. Provision of details of the Play Area adjacent to the community building to include appropriate playground and recreational facilities for children and outdoor seating areas with appropriate landscaping added, prior to Final Site Plan Approval; and m. Revision of the site plan drawings to include detailed surveyed description of all boundary lines, including metes and bounds and all monuments and section line corners, prior to Final Site Plan Approval; and n. Revision of plans to include a backflow device in conjunction with fire hydrants located off of private water lines, as requested by the Tompkins County Department of Health (DOH), and subject to DOH approval, prior to issuance of any building permits; and o. Provision of record of application for and approval status of all necessary permits from county, state, and /or federal agencies prior to issuance of any building permits. The Planning Board and Planning Staff discussed the following changes to be made to the proposed resolution: PLANNING BOARD MINUTES 24 MARCH 3, 1998 APPROVED - APRIL 21, 1998 Page 1, Whereas Number 1, the following language should be added ", plus a Community Building," after "56 apartment units in seven buildings... ". Page 4, condition a, should be changed to read "Rezoning by the Town Board of the proposed project site as described above from R -15 Residence District to Multiple Residence District prior to consideration of Final Subdivision Approval by the Planning Board." Conditions a through i should be renumbered accordingly. Page 6, condition e, should be changed to read "revision of the site plan to include further connections of the internal walkway system to provide safer and more accessible pedestrian facilities for residents, in particular connecting the walkways to the east of Building Number 4, and providing a continuous circular loop around the project. Final plans should also include a relocation of the pedestrian walkway which connects with Mecklenburg Road further to the west (Closer to the Murray property) so that there is better sight distance for pedestrians approaching Mecklenburg Road. Construction details of proposed walkways, including the above revisions, shall be submitted to the Town Engineer and approved by him prior to Final Site Plan Approval." Page 6, condition g, the following language should be added to the resolution '`prior to the issuance of any building permits ", at the end of the paragraph. Page 7, condition n, should be changed to read "revision of plans to include a backflow device in conjunction with fire hydrants located off of private water lines, as required by the Tompkins County Department of Health (DOH), and subject to DOH approval, prior to issuance of any building permits." There being no further discussion. Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. (NOTE: Formal adopted resolution is hereto attached at Exhibit #9.) Chairperson Wilcox duly closed the discussion on the Mecklenburg Heights Apartments at 10:30 p.m.. AGENDA ITEM: APPROVAL OF MINUTES - JANUARY 20,1998: MOTION made by James Ainslie, seconded by Robert Kenerson: RESOLVED, that the Minutes of the January 20, 1998, Meeting of the Town of Ithaca Planning Board are hereby approved as written. There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: APPROVAL OF MINUTES - FEBRUARY 3 1998 PLANNING BOARD MINUTES 25 MARCH 3, 1998 APPROVED - APRIL 21, 1998 The February 3, 1998 Planning Board Minutes were not prepared for tonight's approval. AGENDA ITEM: APPROVAL OF MINUTES - FEBRUARY 17, 1998 The February 17, 1998 Planning Board Minutes were not prepared for tonight's approval. AGENDA ITEM: OTHER BUSINESS: MOTION made by Fred Wilcox, seconded by Robert Kenerson: RESOLVED, that the Planning Board request that Tompkins County investigate the potential naming problem of East King Road and East King Road Extension because of potential problems associated with the implementation of the County's 911 System. There being no further discussion, Chairperson Wilcox called for a vote. AYES - Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the March 3, 1998, Meeting of the Town of Ithaca Planning Board duly adjourned at 10:37 p.m. Prepared by: Deborah Kelley, Deputy Town Clerk/Minutes Recorder Mary Bryant, Administrative Secretary for the Town of Ithaca Planning Board. TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street Ithaca, New York 11850 Tuesday. ,March 1 1998 AGENDA 7:30 P.M. Persons to be heard. 7:35 P.M. SEQR Determination. Site Plan Modification for Lot 19B Grandview Subdivision. '_01 West\ ie« Lane. 7:111 P.M. PUBLIC HEARING: Consideration of Preliminan and Final Site Plan Approval for the proposed rebuilding and modification of the tire- damaued unit on Lot 19B of the previously approved Grandview Subdivision. located at 201 Wes[N iew Lane. Town of Ithaca Tax Parcel No. 58 -2- 39.371. The applicant proposes to rebuild the unit on Lot 19B essentially as it «as with a small addition to the garage for utilities and storage. a bag window in the kitchen, and the building would have a one foot higher roof to provide a physical break at the fire wall adjoining the anached unit. The original subdivision conditions and deed restrictions require that the Planning Board approve building_ chanties prior to a building permit being issued. Ivar Jenson. Owmer'Applicant: Lawrence P. Fabbroni. P.E.. L.S.. Agent. 7:50 P.M. SEQR Determination. Newhart Subdivision, East King Road. 7:55 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 3.0 -.- acres trom Town of Ithaca Tax Parcel No. 44-2-8.2. consisting of a total of 18 -/- acres, located on the south side of East King Road approximately 1.150 feet west of Ridgecrest Road. for consolidation with the adjacent Tax Parcel No. 11 -2 -8. i. Residence District RvO. Both parcels contain existing houses. No new construction is proposed. Anne R. Newhart. Owner. Richard M. Newhart. Applicant. 8:10 P.M. PUBLIC HEARING: Consideration of Recommendation to the Town Board regarding a proposed Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca. 8:20 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval and Final Subdivision Approval for the proposed reconstruction of Big .AI's Hilltop Quikstop, to include demolition of the existing fuel pump island and convenience store and construction of ne%v fuel pump islands with canopy and a =/- 3.330 square foot convenience store, ne%v curbing and entrances. new parking areas, and replacement of the existing post sign, located at 1 103 Denby Road (Route 96B). Tax Parcel No's. 13 -2 -1 and 13 -2 -2. totaling 1.33 -/- acres. Also proposed is the resubdivision of the two existing parcels into two new lots. approximately -/- 1. 1') acres and -/- 0.409 acres respectively. Business District -C 1. Big .AI's Hilltop Quikstop, Inc. Owner;Applicant; Michael Herzing. Agent. 8:15 P.N1. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval, Preliminary Subdivision Approval, and a Recommendation to the Town Board Regarding Rezoning from R -I5 Residence to MR Multiple Residence in conjunction with the proposed Mecklenburg Heights Apartments, to consist of 56 apartment units in seven buildings to be located on a 9.8 - - acre portion of Town of Ithaca Tax Parcel No. 27- I- 13.12, totalling 95 -'- acres. The site is located on Mecklenburg Road, adjacent to the Town of Ithaca/City of Ithaca boundary, R- 15 Residence District. Anthony Ceracche. Owner; Conifer Realty, Applicant: John Fennessey. Agent. 9. Consideration of a letter of recommendation to the Zoning Board of Appeals regarding setback variances in conjunction with the proposed development of 81 apartment units on a 6.1 ='- acre site. to be known as Summerhill Apartments Phase 11. located on Summerhill Lane. Town of Ithaca Tax Parcel No. 63 -'_- 1.127, MR Multiple Residence District. Ivar Jonson. Owner Applicant. Lawrence P. Fabbroni. P.E., L.S.. Agent. This is a follow -up to the sketch plan discussion at the February 17. 1998 meeting. 10. Approval of Minutes: January 20. 1998 (distributed at February 17th meeting) 11. Other Business. 12. Adjournment. Jonathan Kanter, AICP Director of Planning '73 -1717 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY MARY BRYANT AT 273 -1717. (:1 quorum of four (1) members is necessary to conduct Planning Board business.) Ithaca Tax Parcel No. 58- 2- 39.371. The applicant proposes to rebuild the unit on Lot 19B essentially as it was with a small addition to the garage for utilities and storage, a bay window in the kitchen, and the building, would have a one foot higher roof to provide a Physical break at the fire wall adjoin- ing the attached unit. The original subdivision con- ditions and deed restrictions require that the Planning Board approve building changes Prior to a building permit being issued. Ivor Jon - son, Owner /Applicant; Low- or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the Public hearings. Jonathan Kanter, AICP Director of Plcmmn2 273 -174/ February 25, 1998 rence P. Fabbroni, P.E., L.S., Agent. 7:55 P.M. Consideration of Preliminary and Final Sub- division Approval for the pro- posed subdivision of 3.0 +/- acres from Town of Ithaca Tax Parcel No. 44- 2 -8.2, consist- ing of a total of 3.8 +/- acres, located on the south side of East King Road, approximately 1,450 feet west of Ridgecrest Road, for consolidation with the adja- cent Tax Parcel No. 44- 2.8.1, Residence District R -30. Both parcels contain existing houses. No new construction is proposed. Anne R. New - hart, Owner; Richard M. Newhart, Applicant. 8:10 P.M. Consideration of a Recommendation to the Town Board regarding a proposed Local Law Establishing a Ninety (90( Day Moratorium on the Construction of Tele- communication Towers in the Town of Ithaca. 8:20 P.M. Consideration of Final Site Plan Approval and Final Subdivision Approval for the proposed re- construction of BiQ Al's Hilltop Quikstop, to include demolition of the existing fuel pump island and conve- nience store and construction of new fuel pump islands with canopy and a +/- 3,330 square foot convenience store, new curbing and en- trances, new parking areas, and replacement of the exist - ingg post sign, located at 1 T03 Donby Road (Route 96B), Tax Parcel No's. 43.2.1 and 43.2.2, totaling 1.53 +/- acres. Also pro- posed is the resubdivision of the two existing parcels into two new lots, approximatelyy +/- 1. 13 acres and +7 0.409 acres respectively, Business District "C'. Big Al s Hilltop Quikstop, Inc. Owner /A plicant; Michael Herzingg Agent. I- P.M. Consideration of Preliminary Site Plan Ap- proval, Preliminary Subdivi- sion Approval, and a Rec- ommendation to the Town Board Regarding Rezoning from R -15 Residence to MR Multiple Residence in conjunction with the pro- posed Mecklenburg Hetghts Apartments, to consist of 56 apartment units in seven buildin s to be located on a 9.8 +/g acre portion of Town of Ithaca Tax Parcel No. 27- 1- 13.12, totalling 95 +/- acres. The site is located on Mecklenburg Road, ad'acent to the Town of Ithaca/ �ittyy of Ithaca boundary, R -15 Resi- dence District. Anthony Ceracche, Owner; Conifer Realty, Applicant; John Fen nessey, Agent. ' Said Planning Board wtil at said times and said place hear all persons in y.Pport of such matters or, *objections thereto. Person nay appear by noent 7 in Person. inrl avirriinIs with vicunl Impair- 's .av J Une5 ,S II v �I,_.._ It -&A" e per Wednesday, February 25, 1998 ,oa pe NOTICE OF PUBLIC HEARINGS Tuesday, March 3, ;998 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, March 3, 1998, at 126 East Seneca Street, Ithaca, N.Y., at the following times and on the following matters: 7:40 P.M. Consideration of Preliminary and Final Site Plan Approval for the pro- posed rebuilding and modi. fication of the tire- damaged unit on Lot 19B of the pre- viously approved Grandview Subdivision, located at 204 Westview Lane. Town of TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, March 3, 1998 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held 126 East Seneca Street, by the Planning Ithaca, N.Y., Board of the Town of at the following times Ithaca and on on Tuesday, March 3, 1998, at the following matters: 7:40 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed rebuilding and modification of the fire - damaged unit on Lot 19B of the previously approved Grandview Subdivision, located at 204 Westview Lane, Town of Ithaca Tax Parcel No. 58 -2- 39.371. The applicant proposes to rebuild the unit on Lot 19B essentially as it was with a small addition to the garage for utilities and storage, a bay window in the kitchen, and the building would have a one foot higher roof to provide a physical break at the fire wall adjoining the attached unit. The original subdivision conditions and deed restrictions require that the Planning Board approve building changes prior to a building permit being issued. Ivar Jonson, Owner /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. 7:55 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 3.0 +/- acres from Town of Ithaca Tax Parcel No. 44- 2 -8.2, consisting of a total of 3.8 +/- acres, located on the south side of East King Road approximately 1,450 feet west of Ridgecrest Road, for consolidation with the adjacent Tax Parcel No. 44- 2 -8.1, Residence District R -30. Both parcels contain existing houses. No new construction is proposed. Anne R. Newhart, Owner; Richard M. Newhart, Applicant. 8:10 P.M. Consideration of a Recommendation to the Town Board regarding a proposed Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca. 8:20 P.M. Consideration of Final Site Plan Approval and Final Subdivision Approval for the proposed reconstruction of Big Al's Hilltop Quikstop, to include demolition of the existing fuel pump island and convenience store and construction of new fuel pump islands with canopy and a +/- 3,330 square foot convenience store, new curbing and entrances, new parking areas, and replacement of the existing post sign, located at 1103 Danby Road (Route 96B), Tax Parcel No's. 43 -2 -1 and 43 -2 -2, totaling 1.53 +/- acres. Also proposed is the resubdivision of the two existing parcels into two new lots, approximately +/- 1.13 acres and +/- 0.409 acres respectively, Business District "C ". Big Al's Hilltop Quikstop, Inc. Owner /Applicant; Michael Herzing, Agent. 8:45 P.M. Consideration of Preliminary Site Plan Approval, Preliminary Subdivision Approval, and a Recommendation to the Town Board Regarding Rezoning from R -15 Residence to MR Multiple Residence in conjunction with the proposed Mecklenburg Heights Apartments, to consist of 56 apartment units in seven buildings to be located on a 9.8 +/- acre portion of Town of Ithaca Tax Parcel No. 27 -1- 13.12, totalling 95 +/- acres. The site is located on Mecklenburg Road, adjacent to the Town of Ithaca /City of Ithaca boundary, R -15 Residence District. Anthony Ceracche, Owner; Conifer Realty, Applicant; John Fennessey, Agent. Said Planning Board will at said times and said place matters or objections thereto. Persons may appear by visual impairments, hearing impairments or other special as necessary, upon request. Persons desiring assistance 48 hours prior to the time of the public hearings. Dated: Monday, February 23, 1998 Publish: Wednesday, February 25, 1998 hear all persons in support of such agent or in person. Individuals with needs, will be provided with assistance must make such a request not less than Jonathan Kanter, AICP Director of Planning 273 -1747 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Karen McGuire sworn, depose and say that I am a Secretary for the Town of Ithaca. Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca Planning Board in Town of Ithaca Town Hall, 126 East Seneca Street. Ithaca. New York, on Tuesday. March 3. 1998 commencing at 7:30 P.M., as per attached. Location of Sign Board used for Posting: Bulletin Board, Front Entrance of Town Hall. Date of Posting Date of Publication February 23.1998 February 25. 1998 STATE OF NEW YORK ) SS.: COUNTY OF TOMPKINS ) Karen McGuire,Secretary Town of Ithaca. Sworn to and subscribed before me thisa 5th day of i'�l �c- �� 998. tary Pub ic. Mary J. Saxton Notary Public, State of Nelh Registration #01eA50440il.. Qualified in Tiogs Coani My Commission Expires .. qCj ADOPTED RESOLUTION• Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning Planning Board, March 3, 1998 MOTION by James Ainslie, seconded by Gregory Bell: WHEREAS: 1. Conifer Realty Corporation has requested a rezoning, Site Plan Approval and Subdivision Approval for the proposed Mecklenburg Heights development to consist of 56 apartment units in seven buildings, plus a community building, to be located on a 9.8 +/- acre portion of Town of Ithaca Tax Parcel No. 27- 1- 13.12, totalling 95 +/- acres. The site is located on Mecklenburg Road, adjacent to the Town of Ithaca/City of Ithaca boundary, R -15 Residence District. The applicant has requested a rezoning of the proposed housing site from R -15 Residence to MR Multiple Residence. Anthony Ceracche, Owner; Conifer Realty, Applicant; John Fennessey, Agent, and 2. The Town of Ithaca Town Board, in a resolution dated September 8, 1997, has referred the petition to rezone the above - referenced parcel to the Planning Board for a recommendation, and has authorized and requested that the Town of Ithaca Planning Board act as lead agency for environmental review of the proposed rezoning, and 3. The Town of Ithaca Planning Board, at its meeting of November 18, 1997, declared its intent to act as lead agency for the environmental review of the proposed rezoning, Site Plan Approval and Subdivision Approval for the proposed Mecklenburg Heights Apartments, and circulated a notice of intent to serve as lead agency to involved and interested agencies, and 4. The proposed rezoning, Site Plan and Subdivision Approval are Type I actions pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Local Law No. 5 of the Year 1988 Providing for Environmental Review of Actions in the Town of Ithaca, and 5. The Planning Board, at a meeting held on December 16, 1997, began review of the Full Environmental Assessment Form (EAF) Part I prepared by the applicant, Parts II and III of the EAF prepared by the Town Planning staff, and other application materials, and requested that the applicant provide additional information regarding the proposed entrance driveway on Mecklenburg Road, and ADOPTED RESOLUTION: Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning Planning Board, March 3, 1998 6. The applicant has submitted revised preliminary plans, Sheets L -I through L -4, dated January 5, 1998, a progress print of a preliminary subdivision plat, dated 12/31/1997, and a revised EAF Part I, revised 1/12/98, and Planning staff has prepared a revised EAF Parts II and III, dated January 14, 1998, and 7. The Planning Board, at a meeting held on January 20, 1998, has reviewed and accepted as adequate the revised Full Environmental Assessment Form (EAF) Part I prepared by the applicant, the revised Parts II and III of the EAF prepared by the Town Planning staff, and has reviewed other application materials, revised as indicated above, and 8. The above - referenced EAF incorporates specific studies and reports prepared and submitted by the applicant, including, but not necessarily limited to, a Site Impact Traffic Evaluation (October 1997), Stormwater Analysis and Conclusions (October 8, 1997, and revised January 5, 1998), Mecklenburg Heights Wetland Delineation Report (October 1997, with an Addendum to the Wetland Delineation Report, dated December 29, 1997), and a visual assessment including a series of color photographs illustrating potential visibility of the project site from surrounding areas, and 9. The revised EAF and other revised application materials include relevant references and analysis of the cumulative impacts associated with possible future phases of development on remaining portions of the property being acquired by Conifer Realty Corporation, and 10. Based on the above, the Planning Board, at its January 20, 1998 meeting, issued a negative determination of environmental significance with regard to the proposed rezoning, Site Plan Approval and Subdivision Approval, and 11. The Planning Board, at a Public Hearing held on March 3, 1998, has reviewed and accepted as adequate revised preliminary plans entitled "Mecklenburg Heights Apartments, Preliminary Grading and Utility Plan (L -1), Preliminary Layout and Planting Plan (L -2), Preliminary Erosion Control Plan (L -3), and Cross Sections (L -4)," all dated February 3, 1998, and prepared by Carl Jahn & Associates, Landscape Architects and Planners; a revised preliminary plat entitled "Mecklenburg Heights, Lands Now or Formerly Anthony Ceracche, Part of Military Lot 56, Town of Ithaca, Tompkins County, New York," dated 12/31/1997 and revised 2/2/98, prepared by Robert T. Bolton, PLS, C.T. Male Associates, P.C.; and other application materials. 7 ADOPTED RESOLUTION: Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of Ithaca Zoning Ordinance, hereby finds that: a. There is a need for the proposed Mecklenburg Heights Apartments in the proposed location adjacent to the City of Ithaca boundary, and in particular, there is a need for affordable housing of the type proposed by the applicant, and b. The existing and probable future character of the Town will not be adversely affected by the proposed rezoning and apartment development; and C. The proposed rezoning from R -15 Residence to MR Multiple Residence is in accordance with a comprehensive plan of development of the Town, which designates the project site as appropriate for "Suburban Residential" development, and in addition, is adequately served by public water and sewer facilities, is adjacent to the City of Ithaca, and has the potential to be served by public transit; and 2. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed local law to amend the Town of Ithaca Zoning Ordinance by rezoning that portion of Town of Ithaca Tax Parcel No. 27 -1 -13.12 which is proposed for the Mecklenburg Heights Apartments development as shown on the "Preliminary Layout and Planting Plan (L -2), dated February 3, 1998, and more specifically described in "Schedule A" which is included in the proposed local law, subject to the following condition: a. That the area to be rezoned to MR Multiple Residence include the 100 foot wide strip of land containing the proposed entrance drive as shown on the preliminary plan entitled "Mecklenburg Heights Apartments, Preliminary Layout and Planting Plan," (L -2), dated February 3, 1998, and that the entire area to be rezoned be shown and accurately labelled on a map with detailed survey information, including dimensions, property metes and bounds to the nearest one - tenth, angles to the nearest minute, and at least 3 ADOPTED RESOLUTION: Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning one bearing, and location and description of all monuments and section line corners, prior to final consideration of the rezoning by the Town Board. AND BE IT FURTHER RESOLVED: 1. That the Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of Tax Parcel No. 27 -1- 13.12, totalling 95 +/- acres, into four lots, 9.818 +/- acres, 32.445 +/- acres, 9.473 +/- acres, and 42.992 +/- acres in size respectively, as shown on the preliminary plat entitled "Preliminary Plan, Mecklenburg Heights, Lands Now or Formerly Anthony Ceracche, Part of Military Lot 56," dated 12/31/1997 and revised 2/2/98, prepared by Robert T. Bolton, PLS, C.T. Male Associates, P.C., conditioned upon the following to be completed prior to the granting of Final Subdivision Approval: a. Rezoning by the Town Board of the proposed project site as described above from R -15 Residence District to Multiple Residence District prior to consideration of Final Subdivision approval by the Planning Board. b. Revision of the subdivision plat to include complete locations and descriptions of all section line corners and government survey monuments; and C. Revision of the subdivision plat to modify the southernmost boundary of the "Parcel to be Dedicated to the Town of Ithaca for Use as a Park" by shifting said boundary 60 feet to the north so that the park parcel is situated in its entirety to the north of the proposed 60 foot ingress and egress easement (Area= 0.818 + /- ac.), and in addition, to modify the remaining boundaries of the park parcel, as necessary, to replace the 0.818 +/- acres which are deleted by incorporating the above - referenced boundary shift; and 4 ADOPTED RESOLUTION: Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning d. Revision of the subdivision plat to show that the entire western edge of the parcel labelled as "Phase 2" (32.445 +/- acres) is to be reserved as a future road right -of -way; and e. Provisions, in writing, to guarantee future access to the "Parcel to be dedicated to the Town of Ithaca for Use as a Park ", for review and approval by the Attorney for the Town; and f. Revision of the subdivision plat to extend the proposed 60' ingress and egress easement (Area = 0.818 + / -ac.) westward through the entire Phase 2 parcel to connect with the future road right -of -way that is to be added along the western edge of that parcel (refer to condition "d" above); and g. Revision of the subdivision plat to include an ingress /egress easement, 100 feet in width, within the "Phase 2" parcel, extending in an easterly direction along the northern boundary of the Murray parcel, to ensure access from Mecklenburg Road through the proposed entrance drive to the "Phase 1" parcel; and h. Acceptance by the Town Board of the location of the "Parcel to be Dedicated to the Town of Ithaca for Use as a Park; and i. Acceptance by the Town Board of the locations of all ingress /egress easements that will provide access to the "Parcel to be Dedicated to the Town of Ithaca for Use as a Park" and the proposed water line easement, and proposed language for the above - reference easements for review and approval of the Attorney for the Town; and j. Before construction of any improvements anywhere in the Phase 1 or Phase 2 parcels is commenced, requirements of the Final Site Plan Checklist shall be met, and Final Site Plan Approval granted by the Town of Ithaca Planning Board; and 5 ADOPTED RESOLUTION: Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning 2. That the Planning Board hereby finds that the proposed "Parcel to be Dedicated to the Town of Ithaca for Use as a Park" is an appropriate location for a community park, as described in the "Town of Ithaca Park, Recreation and Open Space Plan ", adopted by the Town Board on December 8,1997, and that said park dedication shall fulfill the parkland reservation requirements of the entire remaining lands in the original 95 +/- acre parcel which is the subject of this preliminary subdivision approval. AND BE IT FURTHER RESOLVED: 1. That the Planning Board hereby grants Preliminary Site Plan Approval for the proposed Mecklenburg Heights development to consist of 56 apartment units in seven buildings to be located on a 9.8 +/- acre portion of Town of Ithaca Tax Parcel No. 27 -1- 13.12, as shown on revised preliminary plans entitled "Mecklenburg Heights Apartments, Preliminary Grading and Utility Plan (L -1), Preliminary Layout and Planting Plan (L -2), Preliminary Erosion Control Plan (L -3), and Cross Sections (L -4)," all dated February 3, 1998, and prepared by Carl Jahn & Associates, Landscape Architects and Planners, and other application materials, conditioned upon the following: a. Rezoning of the proposed project site by the Town Board from R -15 Residence to MR Multiple Residence prior to consideration of Final Site Plan Approval by the Planning Board; b. Preparation and submission of final design and construction details of all proposed drainage and stormwater management improvements for review and approval by the Town Engineer prior to Final Site Plan Approval; C. Submission of construction details of all proposed structures, roads, water and sewage facilities, and other improvements, prior to Final Site Plan Approval; 2 ADOPTED RESOLUTION• Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Regarding Rezoning d. Submission of details of size, location, design, and construction materials of all proposed signs and lighting, prior to Final Site Plan Approval; e. Revision of the site plan to include further connections of the internal walkway system to provide safer and more accessible pedestrian facilities for residents, in particular connecting the walkways to the east of Building No. 4. and providing a continuous circulation loop around the project. Final plans should also include a relocation of the pedestrian walkway which connects with Mecklenburg Road further to the west (closer to the Murray property) so that there is better sight distance for pedestrians approaching Mecklenburg Road. Construction details of proposed walkways, including the above revisions, shall be submitted to the Town Engineer and approved by him prior to Final Site Plan Approval; f. Revision of plans to include bicycle racks at appropriate areas near buildings; g• Revision of the erosion control plan (L -3) to relocate the temporary construction entrance (to be removed upon completion of earthwork) further to the west (closer to the Murray property) to provide better sight distance for construction equipment/ vehicles exiting the construction sight. This temporary construction entrance will be subject to approval by the New York State Department of Transporation (NYSDOT) prior to issuance of any building permits; h. Submission of final, detailed sedimentation and erosion control plan, as revised in "g" above, prior to Final Site Plan Approval; i. Revision of the plan to add appropriate landscaping in the following areas: shade trees and shrubs around buildings and parking lot edges (especially between parking lots and buildings), and further plantings along the Mecklenburg Road frontage to enhance the buffer to include a mixture of conifers and flowering deciduous trees. Plans should also be revised to indicate that existing vegetation bordering along Linderman Creek and the wetlands shall be preserved to the extent practicable to minimize impacts of runoff and siltation on the stream corridor and wetlands; 7 ADOPTED RESOLUTION: Mecklenburg Heights Apartments Mecklenburg Road Preliminary Site Plan Approval Preliminary Subdivision Approval, and Recommendation to Town Board Reaarding Rezoning j. Submission of a detailed landscaping plan and planting schedule incorporating the conditions listed in "i" above, prior to Final Site Plan Approval; k. Submission of final, detailed building elevations and floor plans for all buildings, including descriptions of building materials and colors, and description of use areas in the community building, prior to Final Site Plan Approval; 1. Provision of details of the Play Area adjacent to the community building to include appropriate playground and recreational facilities for children and outdoor seating areas with appropriate landscaping added, prior to Final Site Plan Approval; M. Revision of the site plan drawings to include detailed surveyed description of all boundary lines, including metes and bounds and all monuments and section line corners, prior to Final Site Plan Approval; n. Revision of plans to include a backflow device in conjunction with fire hydrants located off of private water lines, as required by the Tompkins County Department of Health (DOH), and subject to DOH approval, prior to issuance of any building permits; and o. Provision of record of application for and approval status of all necessary permits from county, state, and /or federal agencies prior to issuance of any building permits. Aye - Wilcox, Hoffmann, Ainslie, Bell, Kenerson. Nay - None. The MOTION was declared to be carried unanimously. Karen McGuire, Secretary, Town of Ithaca. rant, Administr ve Secretary. vs 0 ADOPTED RESOLUTION: Proposed Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca Recommendation to the Town Board Planning Board, March 3,1998 MOTION by Robert Kenerson, seconded by Gregory Bell: WHEREAS: 1. The Town Board has proposed a "Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca," and 2. Said proposed local law would establish interim regulations prohibiting the construction of telecommunication towers for a period of ninety (90) days from the date of enactment of the local law in order to provide a reasonable period of time for the Town Board to draft and consider regulations regarding the construction of telecommunication towers within the Town of Ithaca, and 3. The Town Board referred said proposed local law to the Town of Ithaca Planning Board for their recommendation, and 4. The Planning Board, at a Public Hearing held on March 3,1998, has reviewed the above - referenced local law, and a Short Environmental Assessment Form, Parts I and II, prepared by the Town planning staff for the Town Board, which will act as Lead Agency in the environmental review of the proposed local law, NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of Ithaca Zoning Ordinance, hereby finds that: a. There is a need for the proposed local law establishing a ninety (90) day moratorium on the construction of telecommunication towers, and b. The existing and probable future character of the Town will not be adversely affected; and C. The proposed local law is in accordance with a comprehensive plan of development of the Town, and will provide the Town Board with a W-J ADOPTED RESOLUTION: Proposed Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca Recommendation to the Town Board Planning Board, March 3,1998 reasonable period of time to draft and consider regulations controlling the construction of telecommunication towers within the Town of Ithaca; and BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed "Local Law Establishing a Ninety (90) Day Moratorium on the Construction of Telecommunication Towers in the Town of Ithaca ". AYES - Wilcox, Hoffmann, Kenerson, Bell, Ainslie. NAYS - None. The MOTION was declared to be carried unanimously. Karen McGuire, Secretary, Town of Ithaca. I Bry, Administrwive Secretary. ADOPTED RESOLUTION: Reconstruction of Big AI's Hilltop Quikstop 1103 Danby Road Final Site Plan Approval & Final Subdivision Approval Planning Board, March 3, 1998 MOTION by Eva Hoffmann, seconded by Robert Kenerson: WHEREAS: 1. This action is the Consideration of Final Site Plan Approval and Final Subdivision Approval for the proposed reconstruction of Big Al's Hilltop Quikstop, to include demolition of the existing fuel pump island and convenience store and construction of new fuel pump islands with canopy and a +/- 3,330 square foot convenience store, new curbing and entrances, new parking areas, and replacement of the existing post sign, located at 1103 Danby Road (Route 96B), Tax Parcel No's. 43 -2 -1 and 43 -2 -2, totaling 1.53 +/- acres, and further, the resubdivision of the two existing parcels into two new lots, approximately +/- 1.13 acres and +/- 0.409 acres respectively, Business District "C ", Big AI's Hilltop Quikstop, Inc. Owner /Applicant; Michael Herzing, Agent., and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval, did, on January 6, 1998, make a negative determination of environmental significance, and 3. The Town of Ithaca Planning Board, did, on January 6, 1998, grant Preliminary Site Plan Approval and Preliminary Subdivision Approval, with conditions, for the project as proposed, and 4. The Town of Ithaca Zoning Board of Appeals did, on January 14, 1998, grant certain requested variances from requirements of the Town Of Ithaca Zoning Ordinance, and 5. The Planning Board, at a Public Hearing on March 3, 1998, has reviewed and accepted as adequate a final site plan submission which includes drawings entitled "Big Al's Hilltop Quikstop, Final Plat "; "Big Al's Hilltop Quikstop, Demolition & Erosion Control Plan "; "Big Al's Hilltop Quikstop, Layout Plan "; "Big Al's Hilltop Quikstop, Utility & Grading Plan ", and "Big Al's Hilltop Quikstop, Landscaping Plan ", prepared by T.G. Miller, P.C. Engineers and Surveyors and dated February 2, 1998, a set of building elevation drawings entitled "Big -Al's Get -n -Go, Preliminary Design ", prepared by Precision Design and dated January 27, 1998, and other application materials. NOW, THEREFORE, BE IT RESOLVED: That the Planning Board hereby grants Final Site Plan Approval for the proposed reconstruction of Big Al's Hilltop Quikstop, as shown on the drawings entitled, "Big AI's Hilltop Quikstop, Final Plat "; "Big Al's Hilltop Quikstop, Demolition & Erosion Control Plan "; "Big Al's Hilltop Quikstop, Layout Plan "; "Big AI's Hilltop Quikstop, Utility & Grading Plan "; and "Big Al's Hilltop Quikstop, Landscaping Plan ", prepared by T.G. Miller, P.C. Engineers and Surveyors and dated February 2, 1998, a set of building elevation drawings entitled "Big -Al's Get -n -Go, Preliminary Design ", prepared by Precision Design and dated January 27, 1998, and other application materials, subject to the following conditions to be met prior to issuance of a building permit: a.. submission of construction details of all proposed improvements and detailed sizing and final material specifications of all improvements, including proposed water and sewer line connections, and b. submission of an original or mylar copy of the final site plan to be retained by the Town of Ithaca; and e • ADOPTED RESOLUTION: Reconstruction of Big AI's Hilltop Quikstop 1103 Danby Road Final Site Plan Approval & Final Subdivision Approval Planning Board, March 3, 1998 C. record of application for and approval status of all necessary permits from all relevant county, state and federal agencies, and d. approval by the Zoning Board of Appeals of any required variances from the Town of Ithaca Sign Law. AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waivers will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Final Subdivision Approval for the proposed resubdivision of the two existing parcels at Big Al's Hilltop Quikstop into two new lots, approximately +/- 1.13 acres and 0.409 acres respectively, as shown on the final plat entitled "Big Al's Hilltop Quikstop, Final Plat prepared by T.G. Miller, P.C. Engineers and Surveyors and dated February 1, 1998, and other application materials, subject to the following condition: a. Submission for signing by the Planning Board Chairman of an original or mylar copy and four paper copies of the final subdivision plat, prior to filing in the Tompkins County Clerk's Office. AYES - Wilcox, Hoffmann, Kenerson, Bell, Ainslie. NAYS - None. The MOTION was declared to be carried unanimously. Karen McGuire, Secretary, Town of Ithaca. Mary/Bryant, ,Ad m in istrative� Secretary. 1._ ITEM SUBM =TIED W = WA =V :D N a = NOT A-2oL_C_37Z COND = CONL =TICN C= A?P r;i�' J l..r. AiI H1140n C?uILSs Op 97/C z6%0 �• riu.+fL The items 14 s=ec c�� ^w un - = - - =d in the Or -ic c. the __- ?car apoli ac' _ _ = -_- .owr_ r�anne_'s des:_ `e = ^r c �cr_ ..r a __Pa_ suoc_ r- __ c a- =M _ a 1= C==m=' c =- _' ! ?C a= i ° - C T = ° >> ara - `- =s- _e-dar dais Bc meeti :c a= w _c h r =_- -��- -,.Y_ Com_ r, an - -ems Le ^cmen� Rev_ew ac.c cacicP. 2. Deve'_cpmePt Rev�e:� _sc Acre -�r emer` and bac' {ur (i_ + , V 3 ✓ Pa.iment o= 4• Deposit o Zlf escrow. 5. 0 If require' because nct s•r. ^mit` _e . W .I.._L ..e i mi Part/ plat aMarova_ or subs"aiala_ mCd_=^ Plat acc=v, =.7 , e __ `. ,rY hc`oe occurred since pre? _mina= m. _eted and s_cn_d S: =cr Enviror_mer_tal Assessgmen= Pow, Part I (SE_ -?) or Enviror-me_^_ta? Assess,::en= _ =rm Far I _A_ , ( T LoPc as to which to SUI:M; . ) - - (�E I See pow P aPner Owr_er's Certi�icate. A certi=ficate the e = =ect that he /they cw- the 13n-� be su= -ve.red a ^d d_-r_ce^ and a'- indicated on the s_cned by the cer (s) to that he caused the land tc he ma'<_s the ded cat 0 or_s 7 • ✓ Sus -revcr' S Corti =i -e r °c_ster =_d Ia-d s - ,_e7i••,- = =1 i Cale S' CP_ed and sea_ b j a he e_ =ecc that (I) the plat represents a sur'ret: made by him, (2) the p, at 1s a ccrre ^- representaticn oz a_l e:c =e-_or bounda_ie __ and the s ^d_vi = ; _ - of the land su_ r =ved �Z sfi ,r_ c- -- (� all mcrMT =:yen- -- p.3t ac�ual lv �s iPd_c�__� cP the cor_ - _ - -- ocaticr size and mater '-e �ectl.r Si own, an. ( t :e r_rui r= _ - G_ a. ^_C NZ`J York $` �� 1 - _ C� t.'?eSe regv, r.t L a iJ= a i -:C t hat/ been C^.Tti? i s d_. ^C a.-l.d 0 9. mor_CacOr - .. , _ _ _ =1Ca_S S =�ne�' aPC Sc _?C bTi t ne a- ed_Ca t - - _ h -= he cer_ser s, to the g.a= the n I a` . - c -.s s new cr. Cr re=errec co o- N— —Two Copies of SLp C? V Pd r wc=er a /or seaace s:rscem. Final Subdivision. Plat Checklist 2 IO Four fu1? size da_ ' - S amm"am —'t- ine pri:s C= the L�ia_ p =a= and 2 _ redL'G_ copes CL all s�.eel_s C. the final D_at (t_ ^_e r�L'� Ge C"C_ =s to be AO larger than 1." by 7 "; wit : the zC71Cw_ nc i A= .. F=' aY a."^ a- boundary or a. s:�n ' lev da r:c= =-o = -war Imes, -S bCLTC== right- c� -wa.r or easeme ^t wroth a a anv other ne =_C =� for lCCat4r h _c suc 1 nos, pu=-pcses`cf eases:_ ^ts. b. ✓ tic Wa:/ cents - e s Cw_nc o= de_ I =eaaaaa C_ a :ores C. _aC__, _ -e= C=^ C _ arcs, a= d=.. _ u ra�ur =, w__n basis c= data. Leictns and distances sha_; be tc t e r_e °= - s_ one hLn_redt -= =tct c_es s;a' ,' - - half mi_ ^_uta . C . vl Hi( =hwai/ d. ✓ Lccat:Cn, name, and di.«ens:ors o= each e:C:st..0 hichwar and alley aad each uti l_ty, dr=_nac= Cr se __ w :� _ _, a_ut�inc, cr in the immec_a -= V_C_i=` ✓ C= t e prOCCSe ' S :bd =V:sior_. _` e. ✓ Exact bcu-da_ r Ines of t h= tract indicated b- hea-r<r line, c_v_nc the dimensions to the nearest er_e hundred-' foci, am c' es to the nearest or_e -half minute and at least Cie ben.:ing; the traverse Shall be balar_ced and closed with an error of closure riot to exceed one to two thousand; the tvpe o= closure shall be noted . Location_ and descriptior_ of all section line cor .ors and gover .merit sue rev monuments in or near t _ subdivision_, Co at least ere of which the subdivision_ shall be refer =_ :cod by true courses and distances. c. ✓ Location_ of property by legal description, includ:nc areas i -n acres cr s _ %are feet . Sou C r ^e o= tall _ including deed record bcck and pace numbers. h. ✓ Name ar_d address of n.'_1 r cwm. =rs of the p=c e zy a _C name and addr°_stz Of a =1 perscns who have an inzer? - in the propertvt _., r _ sLC._ a_ e_sem..._ts o_ r_c._cs -of -war. Name (s) a= _ address (es) C_ sub v:der�s` is (are) rigs the owner(s) . Accurate coat = _ _C:=_ and d _JCL -i Ct_onj O� ct_! S k, r t- _ Ac..s are cL: ies and descr_ptTcns of a", 1/p areas to be o- - e,._ca.ed r pun- ^ use or ac t • on W; t__ purr CSe= Z� ^_CateC t� =r�O _ r a-•-: areas to be rese==e4 amv Ce�� ccr =rte - - -- prCperty own==s =n the subd_'r_s_on. 1. l/ Eu_Ic_ ^c setb_ 14n =S w d_. _ Final Subdivision Plat Checklist M, ✓ Lct lines, fu? nearest Cn° - hL:^ t he Pear °_3 = Cr_°_ Ei iy dimensioned, wit k lengths to the °_d_h foci and an g. or beares n. W Width at build_ .c lina of Iots local =� or a curve cr having non -p ara__e1 side I „° -” - _ s, wr_an ° rr,:_Y =� by t;e Plar�-±inc Scar' . - - y � V o• ✓ Names arc ddr - - sses o= cwr_ars c= 1 a - - °, .. -- t the Cr=ccs�a� p S 3 l:inC p. NCR Names of recorded sure =v- cr a. _ suzailris _C^ q N q The blocks a =e --u...r?r ct _ nsecu_= -Te -`_% t hr�uc: .G^ cL r . NM Ke:T m=ap, when me r°_ t e 1. P sent an or_ s _eat 'i S re 11 r_' to " °- p -at ,e genera2. 1CCat- , property, 1 " =_uJO' or I"= 2000'. - - t. ✓ Name of sucd_v_s_cr w _1 is s. a riot duplicate t a name of an v ct ,r subdivision in the county. U. Name al d sea= C. tha r_�_s�ered inn d su= -vevcr cr engineer who pr__ ar=d the topographic informmali or_. Dame of sun -rev. v• ✓ Name ar_d seal of r °gistered Ian Y- d su leycr w he made t e boundary s.Ir -reT/. Date of sur-7= ey- w• ✓ Name (s) and address (es; cf t ae owner (s) x. ✓ Map scale (_ cr i ) Bar c ^or,i a d ncr_� Y , Data of plat and any applicable revision dates. Z• '� Name of town, ccu= ty and sta_e. aI ✓ Scrder line= e`- s:: or_` inch =r the left edge and cne -:_�? f inch from each c` t a otheY lettering, s_cn ==tires and seas, shah he border lines • ._ Re Zz the _ - -'T coven =,_s wR - - -- d =r =ct V a - =e == 1a�1d 1 n CI CONO One Or Cr i%'!�a cosy c= tha pla_ to be rec^r ed and .. ? I . ✓p Ca_ t i `ic i c T a' was align_ sic^_d cr ac `r c b t == Cr_a_: -an cr ct ^er - °d r- - - -__ -- •`�. �..ar.^., to l_ie e= _=the ..L tai t1 Final Subdivision Plat Check."ist SECTION 38. IMPRO - _ PLUS AiM i. Who improvements are r =��_r =_d for fo11cw:1c dccumer_ts shall be s icfed n'IA AIM N_ a. NA b.� c. NSA d. e . N� f .� N !� 0 a proccsed subd_v_s_cr tho to the .me- _t . _- -�-�- 1"iC?Lld_:'C lccatiCnS and de =" -•`-„ _ Ca:. -CnS LOr wa_er 14 aDCLlrtenanC °S e`_C\ - r S Detailed constr- ucti:.r_ sewer a san_ca - a_. F- - - -'-s an spec'_ = -ca= ?r locaf_or_s and des -.,= s_ _� = dr= =,age Lac_I -=_es i,c_udi -� and OL._er fac � 1 { t S man ' ChWa:t pa'Ji nC p -anS a' The es`imated cost cf: Grading and Culver_s, swat =_s a=. Sanitary sewers, water I__ ^_es, valves and Paving, curbs, gutters Arty other improvements Regulations. d=aInaCe f_C_I -7m and sidery ', r °_ mired bt% Tow- of =thaca Subd_v_s_cn The plan and profile e= propose d highway i_1 the subdivision_, with grade indicated, drawn_ to a scale of i" - hcrizcr_tal and i" 5' ve_ =? sheets. Profile 'c on standard plan and profile s s�_a_.6 s hcw accurately the profile h? highway r alley alone the �. ' �,. oL t Y l L:ighwa.r center line and Iota -ier_ of the sidewalks, if any." F:lerane: ?S� d:•i.��: FINAL SITE PLAN CHECKLIST PROJECT NAME PROJECT NUMBER 0 /O�S(o PREPARER = ITEM SUBMITTED N A = NOT APPLICABLE W = WAIVE COND = CONDITION OF APPROVAL 1• ✓ Completed and signed Development Review Application, Development Review Escrow Agreement, and Back -up Withholding Form (if required). (Only (1) copy each.) 2. ✓ Payment of additional review fees as needed and deposited in an escrow account. 3. ✓ All other items submitted with the preliminary site plan application with modifications made according to the approval given by the Town Planning Board. 4. C0N0 Record of application for and approval status of all necessary permits from county, state, and /or federal agencies. Submit copies of all permits or approvals so granted. 5 CONJ Detailed sizing and final material specifications of all required improvements. 61 coup Construction details of all proposed structures, roads, water /sewage facilities, and other improvements. 7• CONo One (1) Original or mylar copy and two paper copies of the final site plan to be retained by the Town of Ithaca. PLANHO4L \::NALS =TE r'Lb/5/1Y/95 Adopted Resolution - SEQR: 204 Westview Lane (in Grandview Subdivision) Modification of Site Plan Approval Planning Board, March 3, 1998 MOTION by Robert Kenerson, seconded by James Ainslie: WHEREAS: 1. This action is the Consideration of Modification of Site Plan Approval for Town of Ithaca Tax Parcel No. 58 -2- 39.371, a. k. a. 204 West-view Lane within the "Grandview Subdivision for which Final Subdivision Approval was granted March 4. 1986, Residence District R -15. Ivar Jonson, Owner, Lawrence P. Fabbroni. PE. Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to be lead agency in environmental review; and 3. The Planning Board in granting Final Subdivision Approval on Nlarch 4, 1986, imposed certain conditions of approval, including the requirement that Site Plan Approval be obtained from the Planning Board for any chancre in the width of a building on any lot, and 4. The Planning Board on March 3, 1998, 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 survey entitled "Map of Survey Lots 19 -A and 19 -B, Grandview Subdivision. Town of Ithaca, Tompkins County. New York' prepared by Robert S. Russler Jr., L.S. dated May 30, 1995, and revised February 19, 1998 by Lawrence Fabbroni, P.E., and other application materials 5. The Town of Ithaca Planning Staff has made a recommendation for a negative determination of environmental significance with respect to the proposed modified site plan. NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore. neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. AYES - Wilcox. Hoffmann, Kenerson, Ainslie. Bell. NAYS - None. The MOTION was declared to be carried unanimously. Karen McGuire. Secretary, Town of Ithaca. "' i ivla Br }'an Administrate e Secretary. Adopted Resolution: 204 Westview Lane (in Grandview Subdivision) Modification of Site Plan Approval Planning Board, March 3, 1998 MOTION by Gregory Bell. seconded by Robert Kenerson: WHEREAS: 1. This action is the Consideration of Modification of Site Plan Approval for Town of Ithaca Tax Parcel No. 58 -2- 39.371, a. k. a. 204 Westview Lane within the "Grandview - Subdivision", for which Final Subdivision Approval was granted March 4, 1986. Residence District R -1 5. Ivar Jonson. Owner; Lawrence P. Fabbroni, PE, Agent, and 2. The Planning Board in granting Final certain conditions of approval. includ obtained from the Planning Board for and Subdivision Approval on March 4, 1986, imposed ing the requirement that Site Plan Approval be any change in the width of a building on any lot, 3. The Planning Board, at the Public Hearing held on March 3, 1998, 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 survey entitled "Map of Survey Lots 19 -A and 19 -B, Grandview Subdivision, Town of Ithaca, Tompkins County, New York" prepared by Robert S. Russler. Jr., L.S. dated May 30, 1995, and revised February 19, 1998 by Lawrence Fabbroni, P.E., and other application materials. and 4. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review- has. on March 3, 1998. made a negative determination of environmental significance. NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Approval. as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waivers 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 and Final Site Plan Approval for the addition measuring 55 feet by 18 feet constructed on the exterior of the dwelling at 204 Westview Lane, as shown on the survey entitled "Map of Survey Lots 19 -A and 19 -B. Grandview Subdivision. Town of Ithaca. Tompkins County, New York" prepared bvv Robert S. Russler, Jr.. L.S., dated May 30. 1995, and revised by Lawrence P. Fabbroni, Adopted Resolution: 204 Westview Lane (in Grandview Subdivision) Modification of Site Plan Approval Planning Board. March 3,1998 P.E. on February 9.1998. subject to the conditions listed on the attached Final Site Plan Checklist. and subject to the condition that any reconstruction of the fire damaged building by the owner of Lot 19 -A or Lot -19B involving the roofs and party wall of the damaged building be done as the owners together mutually agree, or failing agreement, work done in such areas by either owner be accomplished in a manner that does not adversely affect the ability of the owner of the other property to restore his /her property. AYES - Wilcox, Hoffmann, Bell, Kenerson, Ainslie. NAYS- None. The MOTION was declared to be carried unanimouslv. , L. Mary Bryant. Administrative i PREL_TMINArR° SITE PLAN CHECKLIST PROJECT NAsti?E 4.1l 43 (y.. �(irt ✓ /'d L✓�sf' ✓ie✓ L PROJECT Vi UME E R 9 BYO 1 �z la 5' PREPARE R = ITEM SUBMITTED N/A = NOT APPLIC_A3LE W = WATVE COND = CONDITION OF APPROVAL 1. Completed and signed Development Rev _ew Appl_ca =_C%. a. _ L Development Review Escrow Agreement and Back -uc Wi t h1q c di n Form ( i f require ) (Only one (1) cccy each.) 2. Pal/menn t cf review fees. Deposit o- esorow. 3, ✓ Fully completed and signed S�Lcrt Environmental Assessment Form, Part I (SEA?), or Long Environmental Assessment Form, Part I (LEAF). (See Town Planner as to which to submi_.} 4. Proposed preliminary site plan., with the following information, must be filed in the office of the Town Planner at least thirty (30) calendar days prior to the Planning Board meeting at which preliminary approval is recruested. Information may be supplied on more than one drawing if necessary. a. �,' Vicinity Map showing the general location of the property and proposed project_ at a scale of 1" =1000' or 1"= 2000'. b._ Natural features within and site including but not limit floodplains, ponds, wetlands significant natural habitats pertinent to review of the p immediately adjacent to the ed to streams, lakes, woodlands, brushlands, or other features roposed project. c. ✓ Exact boundary lines of the tract, indicated by a hea-)-%r line, showing location and description of all monuments, giving property metes and bounds to th_ nearest one-tenth, angles to the nearest minute, a.d at least one bearing. d. Size, location, and use of all existing structures, parking areas, access drives, OLE- Street loading areas, signs, lighting, pedestrian facilities, landscaping, and other existing features pertinent to plan review. e. ✓ Size, location, proposed use, design, and construction_ materials of all proposed structures. PRELIM T NAIRY SITE PLAN CHECKLIST Pace 2 f .r4 Location, design, and construction materials of a_1 proposed parking areas, access drives, and of=- street loading areas. g. Size, location, design, and cons tructlon. materials o: all proposed signs and lighting. h. N14 Location, deSigP_, and construction materials of all proposed pedestrian and bicycle facilities. 1 . Nll Landscaping pia.n and pla_ntincr Sc edul °_ includin g location and proposed design o bu° =ens. j . N14 Location, design, and construction_ materials of a.l proposed water and sewage facilities. k. 14 _ Location of any exiscinc or propcsed fire and other emergency zones, including the 1eca-ien of fire hydrants. 1. Location, name, and dimensions of each existing or proposed street and alley and each existing or propcsed utility, drainage, or similar easement within, abutting, or in the immediate vicinity of the proposed project. m. _�p� Existing and proposed site topogra_hv represented by contour lines with intervals as required by the Planning Board, but not to exceed 5 (five) feet, including a grading plan_ describing the volumes of cut and fill materials and their composition, and including elevations of proposed buildings, signage, lighting, and other features. Drainage plan which includes a description of method used for analysis, the calculation of drainage area above point of entry for each water course entering or abutting the site, and proposed me.ncd of on -site retention if required. Border lines bounding site plan Sheets one inch from the left edge and one -half inch from each of the other edges. All required inf ormation, including signatures, Seals, dates and Such information Sha_1 be within tine border. P. W Map scale in bar form, and north point. c. ✓ Name c proposed project. r. ✓ Name of Town, County, and State. S. ✓ Date of Site Plan, including anv_ acl7'_icable revision_ dates. t. Key map (when more than one sheet is Submitted) PRELIMINARY SITE PLAN CH.. IIST Page 3 U. ✓ Name and seal of the registered land s=reyor(s) or engineer (s) who prepared the topograpi-.ic and boundary survey and the date of survey. 6. ✓ Name (s) and address(es) of ail properoy owners and persons who have an interest in the s_te and of parcels abutting the s_te, or within 500, of the site, including easements or rights -of -way, plus the ta:c parcel numbers. 7. ✓ Estimate of the cost of improveme_ ^.`s (exclud nal the purchase cost of land) to be prepared (preferably) by a licensed professional engineer. 8. ✓ Three (3) dart -line prints of t_^_e pr ^posed Site P;an and 25 copies of all sheets of the pr -Oposed Site Plan in reduced format (no larger than 11" x 171') and copv of all other items reuuired above (Except Development Review Application and escrow forms). pianor3 \prelimis._te me \3/:;/90 FINAL SITE PLAN CHECKLIST PROJECT NAME Lof" IfS L,lejl�,eW I-el. PROJECT NUMBER gflOZ Z/oS R ARE .c = ITEM SUBMITTED N/A = NOT APLD T ICA3L- W = WAIVE COND = CONDITION OF APPROVAL G. IC�;n..• /Z 1. V/' Completed and signed Development Review Application, Development Review Escrow Agreement, and Back -u^ Withholdi ng Form ( i f required) (Or_ly ( 1 ) copy each.) 2. Payment of additional review fees as needed and deposited in an escrow account. 3. All other items submitted with the preliminary site plan application with modifications made according to the approval given by the Town Planning Board. 4. Record of application for and approval status of all necessary permits from county, scale, and /or federal agencies. Submit copies of--all permits or apbrovals so granted. S. coNo Detailed sizing and final mater." a! specifications of all required improvements. 6. cotiD Construction details of all propos water /sewage facilities, and other 7 • m o One (1) Original or mylar copy and the final site plan to be retained Ithaca. ed structures, roads, improvements. two paper copies of by the Town of ADOPTED RESOLUTION. Newhart Subdivision 173 E. King Road Preliminary and Final Subdivision Approval Planning Board, March 3, 1998 MOTION by Gregory Bell, seconded by James Ainslie: WHEREAS, 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 3 +/- acres from the Town of Ithaca Tax Parcel No. 44- 2 -8.2, consisting of a total of 3.8 +/- acres, located on the south side of East King Road approximately 1,450 feet west of Ridgecrest Road, for consolidation with the adjacent Tax Parcel No. 44- 2 -8.1, Residence District R -30. Both parcels contain existing houses. No new construction is proposed. Anne R. Newhart, Owner; Richard Newhart, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on March 3, 1998, made a negative determination of environmental significance with regard to Subdivision Approval, and 3. The Planning Board, at a Public Hearing on March 3, 1998, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I prepared by the applicant, a Short Environmental Assessment Form Part II prepared by planning staff, a survey entitled "Survey Map A Portion of Lands of Anne R. Newhart, Town of Ithaca, County of Tompkins, State of New York," prepared by Michael Reagan, L. S. dated November 11, 1997, and additional application materials. NOW THEREFORE BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, 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, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 44- 2 -8.2, located at 17' ) E. King Road, as shown on the plat entitled "Survey Map A Portion of Lands of Anne R. Newhart, Town of Ithaca, County of Tompkins, State ADOPTED RESOLUTION: Newhart Subdivision 173 E. King Road Preliminary and Final Subdivision Approval Planning board, March 3,1998 of New York," prepared by Michael Reagan L.S. dated November 11, 1997, and other application materials, subject to the following conditions: a. within six months of this approval, conveyance of the 3 +/- acre "Remaining Lands of Anne R. Newhart" to the owner of Tax Parcel No. 44- 2 -8.1, and submission to the Town Planning Department of a copy of the deed conveying said parcel and a copy of the request to the Tompkins County Assessment Department for consolidation of said parcel with Tax Parcel No. 44- 2 -8.1, and b, signature of the Chairperson of the Planning Board, on an original or mylar copy of the plat, prior to filing with the Tompkins County Clerk's Office, 3. That such approval by this Board does not signify approval of this Board of maintaining the gravel driveway outside the boundaries of the fifty -foot strip fronting on King Road East. AYES - Wilcox, Hoffmann, Bell, Ainslie, Kenerson. NAYS - None. The MOTION was declared to be carried unanimously. Karen McGuire, Secretary, Town of Ithaca. Mary Bryant, ADOPTED RESOLUTION: SEQR Newhart Subdivision 173 E. King Road Preliminary and Final Subdivision Approval Planning Board, March 3, 1998 MOTION by Eva Hoffmann, seconded by Robert Kenerson: WHEREAS: 1. This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of 3 +/- acres from Town of Ithaca Tax Parcel No. 44- 2 -8.2, consisting of a total of 3.8 +/- acres, located on the south side of East King Road approximately 1,450 feet west of Rid,,, Road, for consolidation with the adjacent Tax Parcel No. 44- 2 -8.1, Residence District R -30. Both parcels contain existing houses. No new construction is proposed. Anne R. Newhart, Owner; Richard Newhart, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, on Assessment Form Part I survey entitled "Survey State of New York," pre materials, and March 3, 1998, has reviewed and accepted as adequate a Short Environmental prepared by the applicant and a Part II prepared by the Town Planning Department, a Map A Portion of Lands of Anne R. Newhart, Town of Ithaca, County of Tompkins, pared by Michael Reagan, L.S. dated November 11, 1997, and other application 4. The Town Planning staff have recommended a negative determination of environmental significance with respect to the proposed site plan; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. AYES- Wilcox, Hoffmann, Kenerson, Ainslie, Bell. NAYS- None. The MOTION was declared to be carried unanimously. AR'^ CLF V, SECTION 3 S PR :;,;'!DNA.`_' S7�iD_'7DS:DN Pte,=' �1� == Ci - C) I —arc I n,n = -- tntntmonn W = wn =v_� Innnannn N/A NCT COND = CJLrD_�'1CINr Cr _ _ _ In In nn nn top knlk� Impt nn an not C'_ete. In It In ca_� .Ca_ a_cc_ =ova. 1 2 IV Its 3. 4. S. 1 6. � 1 ti Depos ;i c. esc_ow. one tu, Iv com ^_ °_e_ an('" S _-=e - ._ _ r,��_�_� A_ � n Ink Foy, Pa.t I (S =??) , c_ i:cr_c E ;rorme- =d. 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Assess,,,e Ford, t J o�(See Tow; as o _ CSJ�1t.lG��. s s (e�ouc c cos= OF d .._ CL c s_s c_ _ �p_�v ^e ' _ ac��_s ;t; or_ a c tcr,:ess_c�G_ ._es) cc ce pr a =_� (�==== =a�_v; by +d 11Consari Dr Into 3_ oP_d? cnC_fte °r _ IMF rdrL'C °_� coD'_es or di 1 s .e°_ts C= Ir In rS�:1C° copies to 'Ge no Ia_ce_ two i/' _! CW_"C 1� =O. ma ='_off .Itn no V V_c, ;Innt In -,J yrQ-- s-cw_�c t - S °tee = =- a. - -- -- t_ e (_ a rid- e ta^ 17 ") w_: C_ _" _c V_c, ;Innt In -,J yrQ-- s-cw_�c t - S °tee = =- a. - -- -- r i . n n Gzvneral b_CC:t GEC 1 ..+.y` 5 . n_ ^:vG:i 3�^.. a_l °_J 1 _� °_^ 6J. ^� Int, ._ _ - _ Inn `Ge w_ce hnngneNG -/ _ _._�- r_ -N,i -, G -__. _, l...J _. _- _ .+ -"'- L:Se i^ CCmtit, n. In rac It IntInd, Ind, IdIt, In .'° C=- 1. ___.__ ^- --- C :C Gam... C� _CQ'._.{ _ = , _ _ , C. I Ce. ^_ ° - =3� I .J���_ C_ -a _ - _CSS --- J=:iS, b_ Cti�, d�C - - - - - - C r _ :z i In P.m i==a=y Subdivision P'_a t C`�ec:�? is t - _ r r - - -- less .G__ _�L e:e^ more t:�a- ve zee = :N ew s_^ ^= is c_ �= =e_ t:. e. � Cam_=• = -a_ = °_a=_ =e' :�:_-_- _-� _:-- =�- e =e -:; �,- =_-_ - `'= C_G == °_C- 10cs, _way D_Ce__n °_J, CC'.v°__ Z r an J J I cam szrUCZureS - _ eC i add aCer L WE t a_ ^.GS, CCU °_ = C• '`� �� D1recc1C' C_ Z C_ G_ vG_�r c„�r_ =5. CG_____ -_.__ C_ drat - ^_aCe are CLZ e CC;_ 0= C= i L^._' e c1 wazer C CLrse en=eri C or h. Locaticr_ a c G °_.Cr1C t10n c a. ., sZC =i or_ lime ccr�ers and COVa -,T�_ t S,_': ='i iPCrL' iZ' =_ '- - 0= . ^_ °a- t--- 5 ^_ ,-- c , . t0 at ZeaS= C C= WI:_C = t e S :^C_'713_Cr S7% �° 1• V TCCdt_Cr, na"a, ana dime_^S_:rS C� e C- e: {_s �_ =C P_" ^_niG't and all e`j anc e aC'n Ut1 =1tV, Cra or S_ 1 - ! a - - � e SSr^ °"- 1 / `- w_� arL�__�C/ cr t 1.:11.=c a�e _ 1 / D'_'OCCSZ^ S�:�G1ViciC� 7 v Dlazu a_ Le a_U = °_s W_t d :G 177L MeG '✓ a 7 dCe.' Cr�cosec su_c_ r_J_c r, _^c_uc_rc c.a_-a5e r_ a. __ _ e, _s, COC._ e C J c7 Wa_e= / WCCGeC areas, arc C��er s_Cr.___Ca Ider.ti= icatic c= areas s.. tt Floocl�c as i ^d_cat�� J J OP_ HUD t.CCC CL:__G�a;'� MaC s, W "e =! a'4S Ma: S . �T Widt1n. CL. l ,c: on a c �_ or nav1'1C acn-C ara._°__ s1Cc 1 add _ S S e= S 0 C w 71 _ r C- G -_ Car...._s a.zi .. __... / �o.=coosec s�cc_ r_J_C- - - M, V LVG -C�J C_ reccrded P. ICJ f-) etas r1.c =_"te C C-I=nG_"- =s 1_ J e map, WL:�.- M _ �G_ C _� _- _ . _ P = °l A`( =aGG^r �STubdivision Plat Checklist 3 Cz__e_ Q Name C- ..a=ne.r, cr LVame j a -C. a 3S. ,'�= �.- .- c w _ -- . . �JG7. �e7 MG., Scat.. .I . i u. �� Daze c. =___ a-.i a==' V. ✓ Names of tow-, C CU__ =_i , a s =a== . W, BC?�.e= 1- -e5 i edge ant CP_e-na_= 1'C^ zrcm. a__ in_ all U a 1 1_ SAC ^a�� a Ser -J, �- J ARTICLE VI, SECTION 37. FINAL SUBDIVISION PLAT CHECKLIST PROJECT NAIMZ PROJECT NTJTM1 3ER P EPARER = ITEM SUBMITTED W = WAiVED N/A = NOT APPi,ICA3LE COND = CONDIT CN OF APPRCV. t The items listed below, Unless wa4'red by the P;ann -ng Boar'" , must b e =_l= . in the CL=_C= OL the TCWn P_ann er or TOWn Planner' S des " z_ C e =Cr= a application fcr a final subdivision_ accroval_ is deemed Ccm' let_. These materials shall be filed at. le�Ct 33 calendar days prior to :.He ==' _a:_ Board meeting at which prelim nary aperoval is requesteC. 1. Completed and signed Development Review Application. 2 • 1� Development Review ESCrCW Agreement and backup Wit l holding fCrJL 31 Payment of review fees. 4, Deposit of escrow. 5, If required because not submitted with preliminary plat approval or substantial modifications have occurred since preliminary IPCeli��n• Plat approval, one fully compl et =a and sign `d Short Ctp0,))Environmenta1 Assessment For n, Part I (SERF) or Long Envy ronmental Assessment Ferm, Part I (I:EAF) (See Town Planner as to which to submit.) 6. Owner's Certificate: A certificate the effect that he /they own: the be surveyed and divided, and signed by the cwrer(s) to land, that he caused the land to that he makes the dedications indicated on the plat.. 70 Surveyor's Certificate: A certificate signed and sealed by a r=egistered lard surveyor to he effect that (1) the plat represents a surrey made by him, (2) the plat is a correct representation of all exterior boundaries of the land surveyed and the subdivision of it, (3) all monuments indicated on tie plat actually exist and their location, size ana material ar= correctly shown, and (4) the requirements of these l�ti o ns and New York State laws relating to subaividina and surveying have been complied with. Mortgagor' s Cert -- i cat= . A ter _ -= i cafe signed and sealed bpi the mortgaacr(s) , i= any, to t' e e:==ct that he consents and the dedications and restrictions shown on or refer =ed to on the plat . 9. i f T i _rid n� eal r Two COL S o t CCU �Y I? t:. supely and /or sewage system. r n ,_tmenz r� 7 t_:° - =r ey a_ _:� a� D- ova! C= Wa- Final Subdivision Plat Checklist 2 10 Four full s_ze darer -line prints o. the L_nal plat and 25 r.duc�d COpies of all s]�Ieets of the final plat (the reduced copies to be no larger than 11 F1 by 1%") wit-11 the fcllOWing i nzcrmation a. v' Highway and alley boundary or right- Of-wa,i lines, showing boundary, r= ghL -Cf -war or easement width and any other informatier_ needed for locating suc_^_ Lines ; purposes cf easements. b, V/ t _g'1Wa %r Center !roes, si:GW_P_C a�ig'_. O. C.._ °_Ct_O angles o. inter se. L. icn, raC__, iengt hs OL arcs, and decree of c•:= -ratur , w;t_n. basis c•1rve data. Lengths a_nd distances shall be to the nearest one hur_drea= Z3 . An cl es shall be to the nearest half minute . C, Highwav names. d. �� Location, name, and dimensions of each existing highway and alley and each utility, drainage, or similar easement within, abutting, or in the i-nmediat_ jvicinity of the proposed subdivision. e. Exact boundary lines of the tract, indicated by a heavy line, giving the dimensions to the nearest one hundredth foot, angles to the nearest one -half minute, and at least one bearing; the traverse s: ^_a11 be balanced and closed with an error of closure not to exceed one to two thousand; the type of closer. shall / be noted. f. V Location_ and description of all section line corners and government survey monuments in or rear the subdivision, to at least one of which the subdivision / shall be referenced by true courses and distances. g. V! Location of property by legal description, including areas in acres or square feet. Source of title, including deed record bock and pace numbers. h. V Name and address of all owners of the property and name and address of a_1 persons who have an intere st in the property, such as easements or rights -of -way. i. Name (s) an address (es) of the subdivider (s) , if the / subdivi der is) is (are) not the owner (s) . j . V Accurate locations an C. descr_p7 c n s c, all subdi-r_s_on �/�//� monuments. k.`r�_ Accurate outlines and descriptions of any areas to be dedicate: or reserved fcr publ_c use or acquisition, with the purposes inciCated tn`recn_; any a_"eas to be reserve. by deed cove na.=. for common uses 01. 1. a -' property owners in the subdivision. 1 Building setback lines wit:n dimensions . Final Subdivision Plat Checklist 3 M, -- / Lot lines, fully dimensioned, with lengths to the nearest one - hundredth foot and angles or bearings to the nearest one -half minute. n. Width at building line of lots laca:e on a curve or having non- parallel side lines, whe...- r =_guired by the Planning Board. o. Names and addresses of owners of all arcel tt s abuing th Dr^cosed subd,r_s_on. P P• V Names or recorded subdivisions abut-ring the proposed subdivision-. CT . J\t The blocks are numbered =11S"17ive_7 7. 12. hcuc the subdiv s_cn and the iozS are numbered cons`gut_-r`i-r throughcuc each block. r. Key mars, when more than one sheet is rewired t present plat. s Vicinity map showing the general location of the property, 1" =1000' or 111= 2000' t. 1!— Name of subdivision_,, which shall nct duplicate the name of anlr other subdivision in the county. U, Name and seal of the registered land surveyor or engineer who prepared the topographic information. Date of Survey. V, V/ Name and seal of registered land surveyor who made the boundary survey. Date of survey. W. L/ Name (s) and address (es) of the owner (s) X, �/ Map scale (i " =50' Cr 1" =100') in Bar Form and north point. y. k Date of plat and any applicable revision dates. Z. Name of town, county and scale. a1 V/ Border lines bounding the sh eel, one inch from the left edge and one -h.'.= inch from each of the other edges; all information. ir_cludinc all p 1i nos , lette. -ing, s;gnatures, and seals, s::all be W__ =n t'.. border lines. b. R�lerence Cr the 4 _G includina restrictive Covenants, Wh,'_ h d_r2CC1V the land In the suzalv_Slcn. c1, Y One original or myiar cop, cf the plat to be recorded and threes dark - ling 11 • J---t-"- Certification sigr_ed by the Chairman Cr other designated official or agent of the Planning Board to "e effect that the J clac was g,ven fi :al approval by the c a ^ ^; ^g Bcaru - - -- Final Subdivision Plat Checklist SECTION 38. IMPROVEMENT 1. Where improvements are rec�z following documents shall be J r� b � c. d. e. f. .J PLANS Ai �rreu 1.J suim� L 4 1D RELATED INFORMATION r a proposed subdiv:sicr_, the ed to the Planr_inc Department: Detailed cons tructier_ plans plans and soec_= ications for water lines, of 1" = 53' including locations and profile descri"7ior_s of mains, val-res, hydrants, sow ac...._at., f the pro-File te _ he highway cen_er line and apcurtenances, etc. Detailed ccnscructicn plans, profes, and s:;ec___cacjcns fC_ sanitary sewers and storm drainage facilities, i�_cludi-c locat ions a otcns cf es, mno 1. =0 Sz = o_ S, = _ , and other facilities. Eighwav paving plans the indicated, and specif ication. of 1" = 53' The estimated cost of: Grading and filli.nc, Culverts, swales and other stor-i dra_nage facilities, Sanitary sewers, Water lines, valves and Paving, curbs, gutters Any other improvements Regulations. f ire hydrae and sidewalk recuired by The plan and profile subdivision, with grade horizontal, and 1" = 5' sheets. Profiles shal highway or alley along 1 the sidewalks, if any. " Filerame: ?Scdiv.ck'_ s , Town of Ithaca Subdivision of each proposed highway in the indicated, drawn to a scale of 1" = 53' vertical, or. standard plan and profile sow ac...._at., f the pro-File te _ he highway cen_er line and location of