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HomeMy WebLinkAboutPB Minutes 2005-05-03PLANNING BOARD MINUTES MAY 312005 APPROVED TOWN OF ITHACA PLANNING BOARD FILE TUESDAY, MAY 3, 2005 DATE The Town of Ithaca Planning Board met in regular session on Tuesday, May 3, 2005, in Town Hall, 215 North Tioga Street, Ithaca, New York, at 7:00 p.m. PRESENT: Fred Wilcox, Chairperson; Eva Hoffmann, Board Member; George Conneman, Board Member; Tracy Mitrano, Board Member; Rod Howe, Board Member; Kevin Talty, Board Member; Jonathan Kanter, Director of Planning; John Barney, Attorney for the Town (7:05 p.m.); Dan Walker, Director of Engineering (7:07 p:m.); Christine Balestra. Planner. EXCUSED: Larry Thayer, Board Member; Susan Ritter, Assistant Director of Planning; Mike Smith, Environmental Planner. OTHERS: Thomas Clavel, 215 Utica St; Richard Newhart, 171 E King Rd; Kevin and Amee Howe, 173 E King Rd; Steve Lucente, 110 Willow Creek Rd; David Tyler, Attorney; Paul Ballard, Interlaken; Evan Monkemeyer, E King Rd; Robert Drake, Mecklenburg Rd. CALL TO ORDER Chairperson Wilcox declared the meeting duly opened at 7:03 p.m., and accepted for the record Secretary 's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on April 25, 2005 and April 27, 20051 together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of --- Planning;- -upon-the Tompkins- C- ounty- Commissioner -of - Public - Works,, and--upon--the---- applicants and /or agents, as appropriate, on April 27, 2005, 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. PERSONS TO BE HEARD Chairperson Wilcox opened this segment of the meeting at 7:05 p.m., and asked if any members of the public wished to speak. With no one wishing to speak, Chairperson Wilcox closed this segment of the meeting at 7:05 p.m. AGENDA ITEM: SEAR Determination: Lucente Lot Line Modification, .400 & 402 Warren Road Chairperson Wilcox opened this segment of the meeting at 7:05 p.m. David Tyler, Attorney Mr. Tyler gave a brief overview. Microphone was turned off and the recording did not pick up his comments. 1 PLANNING BOARD MINUTES MAY 3, 2005 APPROVED Chairperson Wilcox - Any discussion with regard to environmental review? There being none, would someone like to move the motion? Board Member Mitrano moved the motion and Board Member Howe seconded the motion. PB RESOLUTION NO. 2005 -046: SEAR, Preliminary and Final Subdivision Approval, Lucente Lot Line Modification, 400 & 402 Warren Road, Tax Parcel No. 71 =1 -39.2 & 71 =1 -3993 MOTION made by Tracy Mitrano, seconded by Rod Howe. WHEREAS. 1. This action is consideration of Preliminary and Final Subdivision approval for the proposed subdivision and consolidation of two narrow strips of land 'along, the boundary line between 400 (Town of Ithaca Tax Parcel No. 714-39.2) and 402 (Town of Ithaca Tax Parcel No. 71 -1 -39.3) Warren Road, Medium Density Residential Zone. The proposal will result in the exchange of small pieces of land between these two parcels. Stephen P. Lucente, Owner /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 May 3, 2005, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and - -- Part -ll- prepared by -the Town- Planning- staff , -a- survey -- entitled-- "Final Subdivision--- - Plat - Lots 2 & 31 400 & 402 Warren Road, Boundary Line Adjustment" revision date 4- 03 -05, prepared by Lawrence Fabbroni, L. S., and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval. 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 Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. A vote on the motion resulted as.follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Howe, Tally. 2 PLANNING BOARD MINUTES MAY 312005 APPROVED NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. Chairperson Wilcox closed this segment of the meeting at 7:07 p.m. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision approval for the proposed subdivision and consolidation of two narrow strips of land along the boundary line between 400 (Town of Ithaca Tax Parcel No. 71- 149.2) and 402 (Town of Ithaca Tax Parcel No. 71- 149.3) Warren Road, Medium Density Residential Zone. The proposal will result in the exchange of small pieces of land between these two parcels. Stephen P. Lucente, Owner /Applicant. Chairperson Wilcox - Questions? Attorney Barney - The width of the lot of the one on the north, the frontage is 101.7, but that is at an angle. Do we know what the width is at a right angle to the lot line? Mr. Kanter - I don't think it matters because the frontage requirement is 60. Chairperson Wilcox opened the public hearing at 7:07 p.m. and invited members of the public to address the board. With no persons interesting in speaking, Chairperson Wilcox closed the public hearing at 7:08 p.m. Attorney Barney - The width at the other setback line is supposed to be. 100 feet. My problem is, David, when you look at 402, the lot line along the front is measured at - -- - -- T01 -7- but -its measured -not at- right- angles -so -that- clearly - the - width - between- -the - -two - -- - parallel lot lines in less than 101.7, but I can't tell by how much. What I'm concerned about is when you are doing this lot line adjustment, are taking away from an area where we need to have ... (not audible). Mr. Tyler's comments not audible. Inaudible discussion. Chairperson Wilcox - Would someone like to move the motion for subdivision? Board Member Conneman moved the motion and Board Member Talty seconded the motion. PB RESOLUTION NO. 2005 -047: Preliminary and Final Subdivision Approval, Lucente Lot Line Modifications, 400 & 402 Warren Road, Tax Parcel No. 71 =1 -39.2 & 71 =1 -3993 MOTION made by George Conneman, seconded by Kevin Talty. 3 PLANNING BOARD MINUTES MAY 312005 APPROVED WHEREAS: 1. This action is consideration of Preliminary and Final Subdivision approval for the proposed subdivision and consolidation of two narrow strips of land along the boundary line between 400 (Town of Ithaca Tax Parcel No. 71 -1 -39.2) and 402 (Town of Ithaca Tax Parcel No. 714-39.3) Warren Road, Medium Density Residential Zone. The proposal will result in the exchange of small pieces of land between these two parcels. Stephen P. Lucente, Owner /Applicant, 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 Subdivision Approval, has on May 3, 2005, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part 11 prepared by the Town Planning staff, and 3. The Planning Board on May 3, 2005, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part 11 prepared by the Town Planning staff, a survey entitled "Final Subdivision Plat - Lots 2 & 3, 400 & 402 Warren Road, Boundary Line Adjustment" revision date 4- 03 -05, prepared by Lawrence Fabbroni, L.S., and other application materials. NOW, THEREFORE, BE IT RESOLVED: " - - -- — -1: -- - -That -the Town of Ithaca Planning-Board--hereby-waives--certain-requirements-for---- - Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision 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 Approval for the proposed subdivision and consolidation land along the boundary between 400 and 402 Warren survey map entitled "Final Subdivision Plat - Lots 2 & Road, Boundary Line Adjustment" revision date 4- 03 -05, Fabbroni, L. S., subject to the following conditions: - and Final Subdivision of two narrow strips of Road, as shown on the 32 400 & 402 Warren prepared by Lawrence a. submission of a Surveyor's Certificate statement, as shown on the Final Subdivision Plat Checklist, and b, submission for signing by the Chairman of the Planning Board of an original or mylar copy of the final subdivision plat, and three dark -lined prints, prior to filing with the Tompkins County Clerk's Office, and 11 PLANNING BOARD MINUTES MAY 312005 APPROVED submission of a receipt of filing to the Town of Ithaca Planning Department, and C. within six months of this approval, consolidation of the two strips of land with the appropriate properties, as shown on the subdivision plat, and submission to the Town Planning Department of a copy of the request to the Tompkins County Assessment Department for the consolidation. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Howe, Tally. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. AGENDA ITEM: SEAR Determination:.Clavel Subdivision Buffer Modification, 175 East King Road Chairperson Wilcox opened this segment of the meeting at 7:15 p.m. Thomas Clavel, 215 Utica Street Mr. Clavel's initial comments were not audible. Chairperson Wilcox - Questions with regard to environmental review? Board Member Hoffmann - It is an encroachment, but when I was out there looking today, -it- looked -like there are quite -a- few - shrubs -if- not_ trees,, in- the-- -buffer -zone- that — - - would protect neighbors on the other side. Maybe with this little intrusion into this area if some more shrubs or trees were planted where they can be planted, I understand that they can't be planted over the utility line that might make up for the little intrusion. Mr. Clavel's comments not audible. Board Member Hoffmann - It also looked to me as if... by the house of your neighbor to the west there is an area where the shrubbery along this buffer zone is not as dense. It looks more open and in part it looks like that may have been created by the neighbor having a little car turnaround towards the boundary line there. So there are not that many trees and shrubs on their lot either. I couldn't quite tell from the road and I didn't want to go into the property, but maybe plants planted on either side of the boundary might help. Mr. Clavel's comments not audible. E PLANNING BOARD MINUTES MAY 312005 APPROVED Board Member Hoffmann — Yes, where there is an area that seems to .be a little bit more open if that is a problem for your neighbor to have. We got a letter from one of your neighbors indicating that they didn't like the idea of it opening up more. Mr. Clavel's comments not audible. Board Member Hoffmann — I don't know where it was, but it looked to me as if that part of the opening was actually on your neighbor's land so your neighbor could plant some trees themselves, but I think you could also do some. Mr. Clavel's comments not audible. Board Member Mitrano - It's nice to recognize that without doing this it would have some adverse affects on presentation as you are coming along. You would have one house sort of sticking out a little bit more than the rest. Board Member Hoffmann —. I think the way that he is proposing to do it is much more agreeable than the way he would have had to do it in order to not have any encroachment. So I'm not saying that I have anything against the encroachment, I'm just saying that he should do something to make up for it. Chairperson Wilcox — Mr. Walker, when the Town ... I assume the Town installed the public sewer line and the manhole on that property. Mr. Walker — No, actually the developer did and dedicated it to the Town. Chairperson Wilcox — So that would have been done quite a few years ago. Mr. Walker — The sewer along King Road was and the existing sewer line was extended by the developer to the west. Chairperson Wilcox — One of the things that I noticed was some of the vegetated buffer had been encroached upon when that sewer line was put in. Tom, I have the various maps and charts and everything else, how does the proposed siting of the house ... does the proposed siting of the house in any way take advantage of that part of the vegetative buffer which has already been. eliminated? Mr. Clavel I think so. Chairperson Wilcox — Because I noticed that it is obviously setback to the .south of the sewer with the manhole cover that is there. It is clearly to the south and to the west where the portions of the vegetative buffer have already been disturbed or removed or destroyed; however you want to look at it. The other thing that I thought was interesting when I was up there and I want to get to the Zoning Board potential issue as well. Neighbors here this evening? Okay, we will give an opportunity to speak. We have a letter from the neighbors in the 171, 173 address range, which would be to the west. It P PLANNING BOARD MINUTES MAY 312005 APPROVED would appear that the house that would be most affected is the house to the east at 177 as there is no landscaping, there's nothing there to separate this lot.from 177 East King Road. Therefore, I am somewhat concerned that doing anything that might impact the side yard buffer on that side. It seems to be more of an issue to me to have a 30 -foot vegetative buffer; we are discussing the possibility of an 8 -foot encroachment. Now I understand an 8 foot final encroachment is going to be a larger encroachment during construction because you need to get vehicles in there and dig it out and: backfill and everything else and that could be replanted in some way, but you still have 20 feet, lets say, of vegetative growth. Its kind of pretty ugly back through there. It's not the pretty stuff, but none - the -less it serves as a visual buffer. There is nothing on the other side of the buffer. Board Member Mitrano — Well, we'll see if those people are here tonight and want to speak to that. Board Member Hoffmann — There really isn't very much between any of the houses up there in Chase Farm Development. I drove around it just a bit to look and it wouldn't be any different from what exists already and people seem to be perfectly happy with it. I don't see that there is a problem on that side, but I agree with you that it is better to encroach on the buffer than to have ... (not audible). - Board Member Mitrano — I agree with everything that Eva has said. I wouldn't be surprised if there are not a lot of us who aren't kissing that encroachment line. Chairperson Wilcox — In the rest of the subdivision, do the lots tend to be relatively narrow? -- Board - Member Mitrano = Oh, they-are--so-weird. ----------------- -- - - -- - Chairperson Wilcox — Some of them are just very... Board Member Mitrano - Mine is a pie for example. They are very,. very strange. If the house that was built that I live.in now meets all the code restrictions, I'd eat a frog. Chairperson Wilcox - Well I think I have a challenge. Is there anything else you would like to say at this point with regard to just the environmental review with what is being proposed? I am going to do something different here ladies and gentlemen. Normally we finish the environmental review and then we would go on to the actual review of what is being asked of this board and we would open the public hearing and give you a chance to speak. I am going to give you a chance to speak now in case one of you wants. to address the board with regard to an environmental concern. Sort of like a second shot. You get a chance to speak now if you want to speak to the environmental concerns. Assuming that we make the determination that there is no significant environmental issues and we move onto actually consider what it being proposed, you will have an opportunity to speak as part of the public hearing. If you want to address the board now with regard to the environmental issues, we will give you that opportunity. 6 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Richard Newhart, 171 East King Road I've lived between 171 and 173 East King Road since 1950. So feel free to ask any questions: My concern living at 171, which is the house in back of. 173, is that my father and I reached an agreement with Chase Farm development and one of the agreements was the establishment of this 30 -foot buffer zone. My father and I thought it very important to maintain that hedgerow between our property and Chase Farm. Our property at that time went back 7 acres. I think there are 5 Chase Farm lots that. abut up against us on the east side. So that is the importance of this buffer zone to me. Yes, there is a sparse area and that is where the sewer line was put in and to answer your question and that probably should have been reestablished and I'll take the fall for that because I'm asking to maintain a hedgerow here and I was negligent in doing that myself. 1. have. no qualms against Mr.. Clavel building there with the least amount encroachment on that 30 foot buffer zone that we can have and I would also ask the Town Planning Board to put in writing that there would be no further encroachments by any of the other remaining lots at Chase Farm in that buffer zone. Board Member Hoffmann — Are there, in fact, some lots remaining along the buffer zone that aren't built on? Mr. Newhart — Lots? No, but that would prevent somebody from going out right to their line and building a shed or whatever. I also go along with the replanting proposal. It is an excellent idea. I have one more thing to say, but I think it will fit in better into the second park. Kevin Howe, 173 I'm not exactly st encroachment on aesthetic - point -of like it maintained. East King Road are what you mean by environmental impacts, but mainly I feel the the buffer zone is going to change the nature of my property from an - view.T -he-sh rubs- there - kind -of- provide -a- natural -- fence - and -I -would Chairperson Wilcox — Anybody else? When we open the public hearing, assuming we get to that, we'll give you the legal opportunity to speak. Discussions, questions with regard to the environmental review? I don't see a significant impact or any impacts that can't be mitigated. Would someone like to move the SEQR motion? Board Member Hoffmann — Wasn't there comments from the Conservation Board? Chairperson Wilcox — Yes: There were comments from the Conservation Board. They had comments about this proposal and another. Would someone like to move the SEQR motion? Board Member Howe moved the motion and Chairperson Wilcox seconded the motion. PLANNING BOARD MINUTES MAY 3; 2005 APPROVED PB RESOLUTION NO. 2005 -048: SEQR, Modification of Vegetative Buffer Requirement, East King Road — Chase Farm Subdivision, 175 East King Road, Tax Parcel 45 -1 -23 MOTION made by Rode Howe, seconded by Kevin Tally. WHEREAS: 1. This action is the consideration of Moc Vegetative Buffer Requirement for the Town of Ithaca Tax Parcel No. 45 -1 -23, proposal includes construction of a new 30 -foot vegetative buffer along the Owner /Applicant, and lification of the Chase Farm Subdivision parcel located at 175 East King Road, Medium Density Residential Zone. The home located eight feet into the required west property line. Thomas Clavel, 2, The Planning Board, in the Chase Farm Phase I Preliminary Subdivision resolution dated September 20, 1988, approved restrictive covenants that stated "a 30 400t deep buffer zone shall apply around the entire .perimeter of the subdivision... no trees in excess of 5" diameter or more may be cut or removed from this zone. No buildings, including accessory buildings are permitted in any portion of the buffer zone, "and 3. 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 the Modification of the Buffer Requirement, and 4. The Planning Board, on May 3, 2005, has reviewed and accepted as adequate a — - - -_ - - -- Short - Environmental Assessment - Form - Part -1,— submitted -by- the- appiicant,— and -a -- - Part ll, prepared by Town Planning Staff, a plat entitled, "Survey Map, Lands of Hans C. and Jennifer L, Fuller," prepared by Michael John Reagan, P.L.S., dated August 29, 2003," and a map showing the location of the house, labeled "Site Plan- Option B," date stamped April 18, 2005, and other application materials, and 5. The Town. Planning staff has recommended a negative determination of environmental significance with respect to the proposed Modification of the Buffer Requirement; 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 Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. E PLANNING BOARD MINUTES MAY 312005 APPROVED A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Howe, Talty. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. Chairperson Wilcox closed this segment of the meeting at 7:30 p.m. PUBLIC HEARING: Consideration of a modification from the Chase Farm Subdivision vegetative buffer requirement for the parcel located at 175 East King Road, Town of Ithaca Tax Parcel No. 45 -1 -23, Medium Density Residential Zone. The proposal includes construction of a new house located 8 feet into the required 30 -foot vegetative buffer along the west property line. Thomas Clavel, Owner /Applicant. Chairperson Wilcox — Questions with regard to the site plan? Board Member Mitrano — Is there someway we could codify Eva's suggestion and concerns about replanting along the buffer zone? Board Member Hoffmann — As I look at this photographic image here, it looks like there is a car straddling the property line. So there may be an encroachment of a different kind there, which needs to be corrected, too. I wanted to ask someone who knows about this, realistically, how much further does one have to dig out from the house outline to build a foundation. How much beyond the actual house wall does. one have to Mr. Walker — I would expect normally if it was a slab on grade it could be done with as little as two feet, but normally it would be 4 or 5 feet, depending on how the excavated it. If you were excavating from the outside there would be a lot more room. On this particular site they can excavate from the building site ... (not audible) ... especially on that site because it is fairly flat. Now hopefully they will build it up a .little bit. I think drainage is more of an issue to make sure there is enough drainage around it. You would want to have at least a 5 -foot clear area where you could...with the slope on the lawn away from the house., That is the biggest thing. Chairperson Wilcox — Its all -open land up the hill behind that...(not audible)... water sheeting down. Mr. Walker — Realistically, I would want to keep vegetation of any real height at least 5 feet away from the building to protect the siding and let it dry out. Tall trees close to the house you are going to have a lot of building problems. Most people put foundation plants in that grow 3-4 feet high around the building. T PLANNING BOARD MINUTES MAY 312005 APPROVED Board Member Hoffmann — A follow up question to what I just asked you is do you think there is enough room actually to dig the foundation without encroaching on the buried utility line or doing damage to that? Mr. Walker — Yes. I think there is enough room to build a foundation. I'm assuming that even though it is a slab on grade there would be a footer underneath it though so that you are excavating down 5 feet for the bottom of the footing. So in those soils you could probably have it stand on a 2 -3 cut back to get the form in there. I believe there is enough room between the sewer line and the foundation wall. We have allowed people to get within 4 -5 feet of the actual pipe in certain situations. It takes a little bit of care to do that because that sewer line is basically 6 feet down. Attorney Barney — Do you know anything about this sewer line? How many houses? Mr. Walker — I believe there are 3. houses connected to it Mr. Newhart's comments not audible. Mr. Walker, Attorney Barney and Mr. Newhart looked at maps to decipher which homes were connected to the sewer line. Board Member Hoffmann — Well I am wondering if we need to add something to the resolution specifying that extra care has to be taken there. Chairperson Wilcox — Dan, do you have something that we. haven't seen or is it,just,.I Mr. Walker — I have an easement map of 171 -173 East King Road, which shows the alignment of the sewer - and - the - easements- that- are -on- that - property. - - -- - - - - - -- Chairperson Wilcox — So that. is something that we haven't seen. Does that point out any issues as far as you can see? Mr. Walker — It just shows the location of the sewers and the easement on the adjoining property and then this drawing shows the existing sewer lines. Chairperson Wilcox — And it is consistent with... Mr. Walker — Yes. Chairperson Wilcox - In terms of the approximate location of the various utility lines, which run through the property? Attorney Barney — (not audible).. there is another one that.bears off from the manhole at a more westerly angle. Chairperson Wilcox — It goes right over to 173, which into the west. 11 PLANNING BOARD MINUTES MAY 3, 2005 APPROVED Attorney Barney — Are there legal documents sustaining these easements? Mr. Walker — There is definitely a line along King Road that has an easement that was granted by Chase Farm Development. My understanding is we had an easement, I haven't found an actual recorded document, across the subject parcel. No, I believe that we have a Town sewer easement all the way across the front of that property in the. original deed. Mr. Kanter — Is it a private sewer line that may not have the easements recorded, is that the issue? Mr. Walker — The Town has a sanitary sewer easement that goes all the way across this property on King Road and that would include that lateral that runs in from the other house I believe. Mr. Kanter — But the one going back... Mr. Walker — The one going back up to the Newhart parcel. I don't have a copy of a recorded easement. My understanding was that when the sewer line was put in we had permission from the owner then about 10 years ago. This easement date was 1993. Chairperson Wilcox — Dan, did you see Mr. Clavel's letter to the board dated April 291n? Could you give that a quick read? Attorney Barney - Mr. Clavel, you indicate that that easement only applies to 171 and 173 East King Road? Mr. Clavel — The one that I found applies to the other property. Attorney Barney —.The surveyor, who is a pretty decent surveyor, shows the easement going all the way to the manhole on your property. Mr. Clavel - He drew a line on there, but he didn't find an easement. He didn't tell me that he found anything. Mr. Walker - That is a survey of the existing sewer line. Attorney Barney — It makes reference to a sewer easement Liber 715, page 34. Mr. Walker — Which is the easement from Chase Farm, I believe. Attorney Barney — But the surveyor shows that easement running all the way to the manhole. Mr. Clavel - I looked at it and it doesn't. 12 PLANNING BOARD MINUTES MAY 312005 APPROVED Attorney Barney - We don't have that easement. Do you have a copy of it? Mr. Walker- I have the easement right here. Attorney Barney reads the easement and discusses if with Mr. Walker and Mr. Newhart. Chairperson Wilcox - You have made application to the Zoning Board. Can you explain that to me, the reasoning? Mr. Clavel - I'm applying to the Zoning Board for a side yard variance on the other side in order to not encroach so far into the buffer to be able to site it closer than 15 feet from the east property line. So what I am trying to do is reduce the encroachment. I'm asking them for 5 feet. Chairperson Wilcox - And for every foot reduction on the .one side that is less of an encroachment in the buffer on the other side? Essentially, it gives you an opportunity just to move the house over a little bit. Mr. Clavel - I'm trying to move the house back the other way. Also, I don't want to have a surveyor on site while we are laying the footers. I want to have a Tittle leeway on everything. Chairperson Wilcox - The reason that we don't meet at the same time is so that the Zoning Board and Planning Board can make separate, independent decisions. Mr. Clavel - Sure. -Chairperson -Wilcox = -Mr Barney, -comm Attorney Barney - It does appear there is a gap. Chairperson Wilcox — Is that a concern of this board with regard to what is being asked of us, which is to allow an encroachment into a buffer? Attorney Barney - Let me ask, is there a problem with granting that easement for a continuation of that sewer line? Mr. Clavel - To whom? Mr..Walker - Actually my the west of the Newhart paperwork filed or not. At the. west constructed the whether the Town Board action confirming that. understanding is that that is public sewer to that manhole on property. That was the intention, whether we got all the the time of the construction of that the homeowners further to ;ewer and constructed it to Town standards as a sewer main, officially accepted the dedication I don't think there was any 13 PLANNING BOARD MINUTES MAY 312005 APPROVED Attorney Barney, Mr. Walker, and Mr. Newhart discuss the easement, sewer line location and manhole location. Attorney Barney - I think what you state in your letter appears to be, at least in the paperwork here, to be accurate. The next question is can we rectify that situation by your giving an easement to the Town for the missing link, so to call it, sewer line? Apparently we serve a couple of other houses off this in addition to notonly 173. Mr. Clavel - Well, let me just say that it doesn't do me any good to have a sewer line with no easement and I would like to talk to you about it. Attorney Barney - I'm not sure I understand. Mr. Clavel - Its underground, but I want to talk to you about the sewer line in general over there, but I don't think this is necessarily the place for it. Attorney Barney - I'm not quite sure what you want to talk about because it may very well be the place. You are asking for some variances here and sometimes the quit pro quo to getting the variances is ... (not audible)...we would like to clean up those issues ... (not audible)... Mr. Clavel - That is more or less what I wanted to talk to you about. Mr. Walker - We would normally require a 20 -foot wide permanent easement so that we would have access to the sewer line. Normally the sewer is centered on that easement because it makes it easier to work, but in certain special cases we have still asked for a 20 foot easement so that we can still bring equipment, but maybe have sited the --- easement - maybe -only- 5-- feet -away- from -- the - -- edge -of - the - sewer -line- and -- have -- the - -- - -- - remainder of the easement to the opposite side, which would then keep the house construction outside of the easement. Mr: Clavel — That works for me. Chairperson Wilcox - Questions? None. Chairperson Wilcox opened the public hearing at 7:52 p.m. and invited.members of the public to address the board. Mr. Newhart - I could be wrong with some of the things that I am going to say, so please correct me, but I just feel that they need to be stated. I feel that all.of this could have been avoided if at the time the Town Planning Board had looked at this lot when the sewer lines were placed in, the manhole cover put in, easements were put in, and said to themselves, boy we have a strange lot here. We've got sewer lines running on it. We've got power lines running over it. It really cuts down on the useable, buildable space available to the owner, maybe we ought to dissolve this and make lot 2 of Chase Farm a larger lot. Again, I don't know if that was something that could have been done. 14 PLANNING BOARD MINUTES MAY 312005 APPROVED I'm just saying as a citizen I feel it is something that should have been looked at, at the time. Board Member Mitrano - When was that? Mr. Newhart - 1992, 1993, Ms. Balestra - The subdivision was approved in 1988. Mr. Walker - The subdivision was approved in 1988. and the original sewer along King Road was built at that time. Mr. Newhart - Now you take Mr. Clavel, now, he comes along and sees a for sale sign on a lot. He wants to buy it and build a house. Well, then he starts finding out all these things here and I feel, I personally feel that the Town has to share some of the burden. Board Member Conneman - But you always knew it was a lot. You could have bought the lot or you and your neighbors could have bought it. Mr. Newhart - I wouldn't have bought it, knowing that, because I know that. I knew these little pieces. Attorney Barney - Could I just point out to you that your buffer zone is not a requirement of the statute of our zoning ordinance? This entire subdivision could have been approved without any buffer at all, any vegetative buffer at all. The only time that we generally require a .buffer is when it is a commercial zone backing up on a residential zone. This is a residential subdivision backed up on a residential property. So you are - gettin- g- a- benefit- of -a -30= foot - buffer- that - very-few- other - people -in -the - Town- of-Ithaca -- are - - -- - getting. So to vary that slightly to enable a house to be built on that, I think I would still be thanking my lucky stars that I got the buffer zone at all because in 1993 because of the forethought because of the then Planning Board and because of the voluntary agreement of the development at the time, the buffer zone was put in place. At this juncture, you are getting something that is not that common in the Town of Ithaca accept for when you have a mix of commercial and residential zone. The Town took the responsibility and actually assured that the buffer was going to be there. It is still there, largely there. Mr. Newhart - Like I said, I'm not against him building the lot there. I'm just concerned about the setback. Thank you very much. Chairperson Wilcox - And in hindsight, you maybe right. In hindsight maybe we should have done something different. Board Member Hoffmann It was a different board, too. Chairperson Wilcox - Anybody else. w PLANNING BOARD MINUTES MAY 312005 APPROVED With no other persons interested in speaking, Chairperson Wilcox closed the public hearing at 7:56 p.m. Board Member Talty - Why is there a gap in the buffer zone? Mr. Walker - I believe the gap was created when the sewer line was constructed. Board Member Talty - Okay.. Mr. Walker - A lot of the brush in there isn't just brush and it hasn't regrown itself. Chairperson Wilcox - There is still quite a deep depression in the ground apparently from where the sewer line was put and they backfilled and it just settled. Board Member Talty Is there anything on the books that designates what trees and things that can't be planted near a sewer line? I mean with the root system and things like that. Mr. Walker --We do not want trees planted over a sewer line. Shrubs that have a fairly shallow root system. and brush are okay. We don't want any water seeking vegetation like willows or... Board Member Talty - I know that is what you don't want, of course, but is there anything that is mandated where it cannot be? Mr. Walker - I'm not aware of any specific language in there, but I have a crew that kills anything that seeks water: -We have placed -a lot-of- sewers -in- the - Town - and -we- have- a -- - - -- lot of water seeking, water loving trees growing nearby them that have ended up causing problems and usually the people who own the trees usually get. the sewers backed up into their basement once and they say take the trees, please. Then we either put something back a little further. But normally we keep all of our sewer lines so we can have access to them. In this particular case, allowing a hedge or a fairly shallow rooted type shrubs and in.this wet soils, they don't have to go very deep. As long as we have access from both sides without a problem... (not audible)... Chairperson Wilcox - Further discussion? Questions? Would someone like to move the resolution as drafted? Board Member Hoffmann moved the resolution and Board Member Mitrano seconded the resolution. Chairperson Wilcox reads the resolution and Attorney Barney reads the additional conditions (not audible). Changes in the resolution are okay with Board Member Hoffmann and Board Member Mitrano. 16 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Board Member Hoffmann — I would like to expand "b" by saying that not only.trees, but shrubs in the buffer zone. Chairperson Wilcox — Expand? What do you mean? Board Member Hoffmann — Just like I talked about when we first started talking about this so that there is some sort of vegetative buffer. If you plant trees without any shrubs, you have where the stems are an open area, but you have shrubs in among them you get more of a dense buffer with the growth shielding and then the upper part of the trees shielding. Attorney Barney — I would probably' suggest you limit it to shrubs... (not audible) ... Attorney Barney reads language changes to "b ". Mr. Clavel raises the concern of having to replace of vegetation removed on site during construction (not audible). Board Member Hoffmann — Well, I don't think you were here when I started talking about this, but what I intended by what I said initially was that you would replace what you disturbed by the encroachment of the house. Whatever you had to dig up to build the house itself and to dig up the foundation and so on, whatever there was in there, you would replace that. I don't mean that he has to replace shrubbery and trees in the whole buffer, if that's what you were talking about. Chairperson Wilcox — It could be limited to anything that is removed in order to build the house, to accommodate the construction of the house because that is really what we are going for. Board Member Hoffmann — That is the only part that we have control over. The rest of the buffer is controlled by the neighborhood association, I assume. So whatever you do in the rest of the buffer you have to deal with the neighborhood. association about. Mr. Clavel's comments not audible. Attorney Barney - What this would say is that any shrub that you pull out in order to build a house would be replaced. Board Member Hoffmann — I think that as good neighbors, both you and your neighbor to the east should work on making that buffer a little better. Mr. Clavel's comments not audible. Attorney Barney reads language changes to "b ". Board Member Hoffmann and Board Member Mitrano concur with the language changes. 17 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Board Member Hoffmann - What I think I tried to say before, also, is since your neighbor indicated unhappiness with the trees and the shrubs in the buffer possibly being removed that you could both be good neighbors to each other by replanting trees and shrubs on each of your properties where there isn't any. Chairperson Wilcox calls for a vote on the resolution. PB RESOLUTION NO. 2005 -049: Modification of Vegetative Buffer Requirement, East King Road - Chase Farm Subdivision, 175 East King Road, Tax Parcel 45 =1- 23 MOTION made by Eva Hoffmann, seconded by. Tracy Mitrano. WHEREAS. 1. This action is the consideration of Moc Vegetative Buffer Requirement for the Town of Ithaca Tax Parcel No. 454-23, proposal includes construction of a new 30 400t vegetative buffer along the Owner /Applicant, and lification of the Chase Farm Subdivision parcel located at 175 East King Road, Medium Density Residential Zone. The home located eight feet into the required west property line. Thomas Clavel, 21 The Planning Board, in the Chase Farm Phase I Preliminary Subdivision resolution dated September 20, 1988, approved restrictive covenants that stated "a 30 400t deep buffer zone shall apply around the entire perimeter of the subdivision..: no trees in excess of 5" diameter or more may be cut or removed from this zone. No buildings, including accessory buildings are permitted in any - portion -of - the- bufferzone,, " -and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review with respect to Modification of the buffer requirement, has, on May 3, 2005, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and a Part ll prepared by Town Planning staff, and 4. The Planning Board, at a public hearing on May 3, 2005, has reviewed and accepted as adequate a plat entitled, "Survey Map, Lands of Hans C. and Jennifer L. Fuller," prepared by Michael John Reagan, P.L.S., dated August 29, 2003, and a map showing the location of the house, labeled "Site Plan- Option B, " date stamped April 18, 2005, and other application materials. NOW THEREFORE BE IT RESOLVED. PLANNING BOARD MINUTES MAY 3,2005 APPROVED That the Planning Board hereby grants Approval for the proposed Modification of the Chase Farm Subdivision Vegetative Buffer Requirement for 175 East King Road, Town of Ithaca Tax Parcel No. 45 -1 -23, to allow the construction of a new home located eight feet into the required 30 -foot vegetative buffer along the west property line as shown on the submitted plans and application materials, subject to the following conditions: a. The proposed.home shall be located no more than eight feet into the vegetative buffer, and b. Any trees, 5" diameter or more, and any shrubs two feet or taller removed within the buffer in conjunction with the construction of the house, shall be replaced, in another portion of the buffer, with non - invasive species similar in size to those items being removed, and C, The applicant will grant to .the Town of Ithaca an easement in the Town's usual form granting to the Town an easement for a sewer line 20 feet in width to be located five feet east of the existing sewer line to 15 feet west of the existing sewer line; said easement to be granted prior to the issuance of any building permit, and the applicant expressly agrees to the inclusion of this condition. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Howe, Talty. NAYS: None. ABSTAIN: None. -The motion was declared -to be- carried - unanimously. — — — — — = - - -- -- - - -- AGENDA ITEM: Consideration of a Sketch Plan review for the proposed 14 -lot subdivision located on Mecklenburg Road (NYS Route 79) to the east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27 -1- 15.2, Agricultural Zone. The proposal includes the construction of a new cul -de -sac road off Mecklenburg Road for the development of 12 residential lots and one +/- 2 -acre parcel reserved for open space. Approximately 62 acres of the original +/- 92.43 -acre parcel will remain available for agriculture. Robert Drake, Owner /Applicants Lawrence P. Fabbroni, P.E.,. L.S., Agent. Chairperson Wilcox opens this segment of the meeting at 8:12 p.m. Chairperson Wilcox — Before we get going with questions, is there any presentation you would like to make ?. Any statement you want to make? Robert Drake, Mecklenburg Road This is quite a bit different from what I originally wanted, but I guess I got to live with it. K PLANNING BOARD MINUTES MAY 312005 APPROVED Chairperson Wilcox — Before the meeting you came up to me and we were talking about whether you would proceed with this tonight or not because Larry couldn't make it and you had some questions about the right -of -way, the access road to the back. Talk about that. Mr. Drake — I really wanted to keep it as an access road for the farm equipment because my equipment is quite large and quite wide and also the last thing that people like in subdivisions is when you go through with a honey wagon. They really get pretty upset. I ran into this at my main farm, which is the backside of the subdivision. They don't like seeing equipment on the weekend or the honey wagon. It does create a little animosity. Otherwise, I guess it is pretty much as it is going to be. On the parcel on the end, it is all agriculture. I will be able to build a house and barn on that parcel right there. It shows a septic system location. Chairperson Wilcox — Mr. Drake, where are you pointing to or where are you referencing? Mr. Drake — You see beyond the cul -de -sac a location for a septic system and the replacement system on the 62 -acre parcel. Another thing on keeping this right -of -way is maintaining this diversion ditch that runs on the upper side of the property. I recently cleaned that back out. It's been a few years. Quite often it grows back with willows and other stuff. I would like to keep it to maintain that area so that we don't have a problem with it backing up. Chairperson Wilcox — Is it intended that access for your equipment be paved? Mr. Drake— No. It would be a gravel access. Some of the my equipment is steel track - - --- -and - that -is- the -last- thing- that - you -will- -run- through -a- subdivision. - Here -1- can - unload -it at -- the highway and run it back to the property and another thing they dislike on the main farm is running the lime trucks through the subdivision in the spring. That caused quite a bit... Mr. Kanter — I guess the question would be why can't access for the farm equipment be on the eastern part of the parcel. Mr. Drake — You mean on the lower side of the parcel? That is quite undesirable because it is so much wetter and if I do put a house in myself in here it will be on the upper side. It will give me kind of a private access to the lot as well as an in and out. The other way would a long way around. Mr. Kanter — There is a reserve at the end of the cul -de -sac. Mr. Drake — I left that so if that parcel ever gets sold, which as long as I'm alive it probably won't be sold. Mr. Kanter - I mean that makes sense for like a driveway back there. 20 PLANNING BOARD MINUTES MAY 312005 APPROVED Mr. Drake — I have got on the backside of my main farm, I've rented adjacent parcels quite often and when I've hauled in the manure from the horse farms and I've gotten a lot of negative comment on that. Consequently we don't go through there with the farm equipment any more. The big thing with the kids and the bicycles and they really didn't like us coming through there with the equipment. That's the reason why this time I figured I would lay it out in a way that 1 could keep that right away from everything. We work 7 days a week and Saturday mornings and Sunday mornings they don't like you going through the subdivision with a big tractor making noise. It doesn't set too well. Chairperson Wilcox - This is in an agriculture district. Mr. Kanter — And the County. Chairperson Wilcox — It does come with right to farm provisions as part of the zoning and as part of New York State agriculture district as well. Board Member Conneman — And that will be explained to people who buy a lot? Mr. Kanter — Yes. Mr. Drake — Yes. It will be written in the deed. That is what they did on the backside of my main farm. They are fully aware that they are adjacent to an agricultural operation and that they can in no way hinder the agricultural operation. Board Member Conneman — And you plan to farm this and not come back two years from now and want to build houses on the rest of it? Mr. Drake — Well, I've farmed it since the 1930s and I have no intention of doing any different. Board Member Conneman —Okay. I just want to put that in the record. Mr. Kanter — Well, there will be more than the record. The zoning requires, well it basically says that the Planning Board shall require a means to insure that that remaining parcel is reserved for farming. Board Member Howe — Does it give a timeframe for that, Jonathan, in the zoning? Mr. Kanter — Well, it is intended to be for in perpetuity. As we do in our conservation easements for purchase of development rights, they are written up in perpetuity, but there is. always a legal mechanism, which I guess has to go through a court proceeding if for some reason the future circumstances are so different that reserving it for farm land isn't right any more. I think there is a way to get out of it, but it isn't easy. Mr. Drake — It is our sole intention to keep farming it in one form or another. 21 PLANNING BOARD MINUTES MAY 312005 APPROVED Chairperson Wilcox - Tell us about the open space in the middle of the cukde -sac. Mr. Drake Well, when he first drew that design like all the other cukde -sacs, I don't care whether it is on Fairway Avenue or wherever it is, it is a little restrictive blacktop circle that is quite disgusting. It isn't big enough for moving vans to get in around it and it's hard to plow. If you've every plowed snow for the county or a municipality, they are, a mean thing to plow and get turned around on. I said well look, it's a lot more practical to have a set aside for a park, which could be seen by several homes with low shrubs in that park for the kids to go to. It makes it a nice wide circle for you to get around with any type of moving van. I just didn't want that little confined circle that I find every place that is built with a dead end. I just didn't think that that was a neat way to go. It may be wasting a little land, but I think it's to good use. Mr. Walker - This is actually larger than what we require now, but our new cul -de -sac design is basically the type of a thing where you have a 15 -foot wide pavement around an open vegetated space. The minimum size that we would have is 150 -foot radius. This is bigger than that and like you say the plow drivers will like it because they will come in and plow the snow into the middle and then they don't plug up all the driveways. Mr. Kanter - There are actually three ways that that open space could be handled. One is by retaining it under private ownership, in which case there could be some complications in terms of who will actually own and maintain it. It could be divvied up in equal shares amongst homeowners or it could be dedicated to the Town as a park, open space area, if the applicant wishes to do that. I described that in my memo saying that there is really no rational in our park and open space plan. Another way is to just incorporate it as part of -the road right- of=way. That, —too, would -put, it -under Town ---- - -- - -- ownership and maintenance means instead of being a park, per se, it could be some kind of a combined park and road set aside, but still that would become... I'm not too sure that the Town Public Works Department would like that scenario, but that is something that the board would consider during its process. Mr. Walker - I don't think it would be a problem for the Public Works Department or the Highway Superintendent to accept this as fully a Town road right -of -way with the understanding that it would probably.. we would mow the edge of it for snow storage space and the remainder of it would probably just be allowed to revert back to a natural wooded state. Or we let the neighborhood become good stewards and mow it if they want to and then they.could use it. Mr. Kanter - Right. Mr. Walker - But I wouldn't recommend parking it and making it parkland in the middle of a highway like that. Chairperson Wilcox - It would seem odd. 22 PLANNING BOARD MINUTES MAY 312005 APPROVED Mr. Kanter It might make sense to have some kind of a community gardens that is taken care of by the homeowners. I suppose that could work in some way that the Town could own it, but that there would be some agreement with the homeowners to do that. That is another option. Mr. Drake — That sounds like a real good option. It's something to keep it active. Mr. Walker — You could plant corn there for the rest of your life. Mr. Drake — I want to tell you a little something about this farming. It is getting pretty unprofitable. Chairperson Wilcox — I want to go. Does anybody have a problem with that sort of secondary access to the rear of the lot? Board Member. Hoffmann — No.. I don't really have a problem with it. Chairperson Wilcox. — Neither do I. Board Member Hoffmann — I like this idea of the open space in the middle of all the lots. This .is what I wish, maybe not this big, but something like this I would like to see in every subdivision for the people would live around there to use, in various ways, especially with children. Mr. Drake — I think the people around it would really keep it looking nice. Mr. Walker — Well, we have one in Chase Farm.__How do they like -it -up -there Board Member Hoffmann - Oh, is that the one you are talking about? Mr. Walker — It's a little smaller, but it's our standard configuration. Board Member Hoffmann — When I drove in there today I couldn't believe it because I didn't think it fit into the neighborhood. It looks totally unkept. There were these rather big, nice houses around there, but this grassy circle in the middle is rather ratty looking grass, too. I'm sorry, but I just thought the two didn't belong together, the yards and the houses and this thing in the middle. Not a single shrub, not a tree, nothing, just grass, which was sort of torn up around the edges. I can understand it might be good if there are small kids riding bikes or running and playing ball across there it might as well not have any nice shrubs, but... Mr. Drake — It is ideal for a ball diamond. Board Member Hoffmann — That is not what I would envision for this and I don't understand why this looks so terrible there in this rather nice neighborhood. 23 PLANNING BOARD MINUTES MAY 312005 APPROVED Mr. Walker — The Town mows the edge of it. I don't know whether we have mowed the whole thing. I haven't been up there for a couple of years. Chairperson Wilcox - Its for snow storage. Mr. Walker — It is used for snow storage for the first 10 feet of it, the snow gets pushed in there instead of in people's driveways. So we haven't had any complaints about the snow up there. We are picking up more and more open space and parks that do need maintenance. We are increasing the capabilities of the Public Works Staff to maintain there. We can't mow all the parks we do have with the two lawn mowers that we. This is something that will probably be addressed in a number of different ways. One is the open space and the maintenance of it. A lot of these things might become part of our stormwater management systems, too. We may put a. wetland in the middle of some these things. Board Member Mitrano — So that would be nice if you guys came in and did something with that area because as I was saying to Eva when the children in that area were younger, it was probably hard to do things in that area. Now that the children are older, would be surprised if people didn't appreciate it very much. Mr. Walker — In someone neighborhoods the residents take some pride and actually ask if they can go in and do something and we say sure. The homeowners association might want to bring this up. Mr. Drake — Don't you think that this subdivision would develop enough additional revenue that that small area could be maintained by the Town? Mr. Walker — They never do. Residential developments always cost us more than they bring in. Mr. Drake — I see. Chairperson Wilcox — Can we get back to this one? Questions of Mr. Drake? I have a question of Mr. Kanter. I guess I don't understand the lot size requirement in the current zoning law or the Town Code, which sets a maximum lot size of 2 acres unless the County Health Department says you need otherwise. Mr. Kanter — The maximum of 2 acres was set so that amount of land remaining for open space and farmland. 2 -acre threshold as a maximum. The lots are supposed depending on health department reviewing the proposal. health department prior to final approval. I think the zor can be larger if the health department so requires, but guess... there would be the maximum That is the reason we set the to be between 1 and 2 acres This one will have to go to the ping does say that the 2 acres otherwise .it is 2 acres. So I 24 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Chairperson Wilcox — So there is the possibility that some of these lots might have to be made smaller. Mr. Drake — I don't think so because the ground topography pretty much dictates the septic system area. You have got to have a replacement area on top of that. It drops off pretty fast. I don't think it would work making smaller lots out of it. Mr. Kanter — I think what we would want to see during the preliminary subdivision review is details of engineering of those systems as well as probably some soil information. Mr. Kanter — not to mention some representative well sampling information because that was an issue that was brought up with the original subdivision, but I think it's still relevant even though this is a lesser number of lots just to demonstrate that at least generally there is adequate water. Mr. Wilcox — I'll be honest, I don't care whether it's 2 acres or 2.1 acres or 2.15 acres, but if the zoning says maximum 2 unless health department comes along then we as a Planning Board simply can't ignore the zoning requirement. Mr. Kanter — Again, I think it could be approved, the preliminary plat could be approved subject to Health Department approval, but knowing if the Health Department isn't going to require them to be that large they could be reduced in size. Mr. Wilcox — And possibly made even bigger, potentially. Mr. Kanter — They could be made bigger if the Health Department... Ms.- Hoffmann — Well not if we want to preserve as much agricultural- larvd -as- possible: Mr. Drake — I think that he's located the septic systems in about the best area as far as slope wise, as far the under slab in the basement access to the septic system, to get the septic system in an area where they don't have to have a built up system. That's the thing that looks pretty raunchy in the subdivision. Mr. Kanter — Also in a plat like this we .want to see the building envelope showing on the lots and how that relates to the locations of the septic. Mr. Barney — I just have a little bit of a question about the number of lots if that open space isn't dedicated to the Town (inaudible) Mr. Wilcox — If we make it part of the road right -of -way then it's not a lot. Mr.. Walker — Well it won't be a lot if it's part of the right -of -way. Mr. Barney's comment inaudible. 25 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Mr. Kanter — It could be permanently restricted as well. I don't know if that's exactly in compliance with the zoning but it would certainly be consistent with the intent of the zoning. Mr. Walker — I definitely would recommend that a study of water supply is done out there. Granted there's a lot of water in that part of the hill. There's another subdivision. on the West Hill that's larger in this one, but we get requests every year put in public water because there wells are lousy. I would recommend. a fairly detailed, including probably two test wells at opposite ends of the development area with real yield analysis and chemical quality analysis because having lived in the West Hill area I know there's a great deal of variability of the water supply from wells, :from one plot to the. next. In a matter of 200 feet you can have a good well at 60 feet and another lot that's 200 feet away needs to drill a 200 -foot well and doesn't get good quality water. Mr. Drake — We drilled a lot. The last well we drilled was about 2 years ago and if you look at the plot plan there's two long narrow lots and the well is still just above the ? ? ?? Numbers and that were to 42 feet and it's an artesian well and. it yields 35 gallons a minute. Mr. Walker — The two existing wells, the full logs and information on that would be good. But again, there's a lot of variability. If that was a cased gravel well, was it all gravel when you drilled that? Mr. Drake — I think they hit rock at about 23 -24 foot. At 43 foot it was the top of the casing running over and then they put a, it was flowing much more than that, they put an inch reducer on to it with a valve into it to restrict it down. That can be seen there next to the driveway and that flow is full stream year round. It seems kind .of foolish, at --the top of-the hill- where -you wouldn't- expect -it- -- -- - - - -- - - - -- -- Mr. Walker — There are two houses up there drawing off that now, the next house is a ways a way, I know. You put 14 more houses in and I know, I mean there's one subdivision somebody is having problems with their well and they .had it fractured and created. a little better situation for themselves but problems for a number of other people. Like I say there's a lot of variability. If there is a good well on that property and we have good information on that and logs then maybe (inaudible) on the opposite side of the property. Mr. Drake — I think the Health Department on that lot they would have all that information on the water supply and everything and that could be easily checked out. You could drill another well, you know, pick out a spot put another well in if you want. Mr. Wilcox — Questions. Mr. Kanter — I have a question on phasing of selling lots. What was your intent in terms of how you would sell these lots and when? 26 PLANNING BOARD MINUTES MAY 312005 APPROVED Mr. Drake. — I haven't got much of any interest, only just a couple of them. This may go this year and nothing might happen at all. Depending on what you guys decide I might go ahead and plant it all this year and then try to get an early start this next spring. I'm going to plant most of it. Everything below that driveway that comes back into the circle I'm going to plant anyway this year to get the acreage. So that any lots that would probably be sold would be above the driveway. Mr. Kanter — In thinking about how some of these subdivisions get phased and built, this seems to be one where we would necessarily, I mean this is up to the. Board with the recommendation of ,Engineering and Highway, but it seems like you could probably approve say at least the cutting of the front two lots without really any kind of a major going in there. Maybe temporary driveways on Route 79, which would then be conditioned by the Board to join up with the new road when it was built. I think we've done that before. Mr. Walker — Those two lots would logical to use that road right -of -way as a common driveway. Mr. Drake - Would you guys have any objection to me planting on the front side of both the lowest lots about two to three rows of spruce or something like that to cut down on the highway noise for those lots. I'm just thinking of trying to make them. more appealing because when they stand on those lots and. they get all that traffic noise that doesn't make it too appealing. Mr. Wilcox — I'm not sure I would object to someone wanting to plant trees. Ms. Hoffmann — I would have an objection to planting evergreens Mr. Drake — I'm looking at it as increasing the value of the sale of the lot. If you stand on the lot next to that highway certain times of the day that is very unappealing even though it's a_ nice view. But if you planted a double row of trees down through there, nice blue spruce or something like that, that would make it a lot more appealing. 50 foot back from the road would make a big difference. Ms. Hoffmann — I remember proposing planting rows of trees as a sound screen when somebody was planning a field on Cornell land that would be rather noisy and we were told by the expert from Cornell that trees do not block sound, even evergreens. I personally, from having thought about this a lot, have strong objections to planting evergreens along highways especially in places where there are beautiful views from the roads. Because what you are doing is you're blocking everybody else from seeing those beautiful views. So I would have a very strong feeling against that. Mr. Drake — Oh, okay. Mr. Barney The law allows you, we cannot prohibit you from planting anything you wanted to. PAFA PLANNING BOARD MINUTES MAY 31 2005 APPROVED Mr. Wilcox — It's your land, you can go plant trees if you want. Mr. Drake — Well I didn't want to, what I didn't want to do is come up with a proposition that would be offensive to getting done what I want to try to do. Ms. Hoffmann — But if you go and check with experts on this, I'm only telling you what heard someone say to us on this Board, but we were told that it would have to be something like a solid fence or something like that to be able to block sound effectively. Mr. Drake — Well I want something natural. Mr. Wilcox — Let's make sure we're clear here. I'm going to hold this up. What Mr. Drake is thinking about, you correct me if I'm wrong, is some trees here along Mecklenburg Road and it's to make these two lots more attractive. That's all. Whether it's a visual barrier to prevent these lots from looking out on the, road, that's all he's talking about. Mr. Drake — On the lower side of the second lot there's a heavy grove of maples, but that doesn't restrict the view not even when they're out in leaf because you've got a view on both sides of it. Ms. Hoffmann If you have trees that eventually get trunks so that the crown on the tree is high enough so you can see through where the trunks are then it doesn't block the view from the road. But evergreens are different. Mr. Drake — They're nice. Ms. Hoffmann — Especially if you plant rows of them next to each other then you really block out the view totally. Mr. Wilcox — I want to move along, but if Eva owned the lot she wouldn't plant evergreens, but you can plant evergreens if you want. I was reading Jon's memo and I kept going back over the buffer. "Town Code requires a buffer zone of at least 30feet wide." Why am I thinking don't we have a buffer around it. Mr. Kanter — This is a question. If we are considering this truly a cluster subdivision which according to the zoning it really is and according to our subdivision regulations it says that a "buffer area at least 30 feet wide shall be established" actually I think it mentions between residential and agricultural areas. as one of those. So I guess the question is what will that buffer be. Of course we had a long discussion at Chase Farm earlier and what it should or shouldn't do. This one is actually a required buffer or one that the Planning Board can require. 28 PLANNING BOARD MINUTES MAY 312005 APPROVED Mr. Barney — inaudible Mr. Kanter - Well I think if you look at the language of the zoning and the whole density description it basically mentions that this approach is, if not similar, is a cluster technique. That's something. l think we're going to need to look at a little more. The wording of that zoning, this is brand new, this is the first time we're really applying in a real world situation to the way the intent of the zoning was. Looking at exact words to me at this point isn't necessarily what we have to do because if it is not doing what we want it to do then maybe we need to look at the zoning again. I . Mr. Barney inaudible Mr. Kanter — Well, I think Fred's question was what would the purpose of the buffer be here. Chairperson Wilcox — Yeah, it seems to be nicely buffered. Mr. Kanter - To me the answer is not to buffer the agriculture from the residences, but vice versa because here you are having residential development encroach in an agricultural area and to avoid the conflicts of that, the idea of the buffer at least, its not a good thing, but at least it helps to minimize... Chairperson Wilcox — The buffer would be on the residential lots, presumably where they border the agricultural use. Board Member Conneman — Does the zoning say that? Mr. Kanter — The zoning actually specifically references the ability of -the- Planning- Board -- --- to require it. Board Member Conneman - That makes a lot of sense. Mr. Drake — Would there be a big difference between active agricultural land and land designated as agricultural land? I mean it seems like there would be a big difference there. Mr. Kanter — I think it would depend upon the specific circumstances. Board Member Conneman — You said earlier that it was going to be active agriculture. Right? Mr. Drake — Oh, yeah. Chairperson Wilcox — It would appear on most, if not all these lots, that an area in the back of the lots, the border of the active agricultural use, could be designated, as you can't touch it. 29 Mr. Drake — Right. Chairperson Wilcox - That serves as the buffer zone PLANNING BOARD MINUTES MAY 312005 APPROVED You can't put anything there. Mr. Drake — I don't think the health department is going to let anybody put anything in that area below the septic system pretty much all the way around. So that pretty much rules anybody doing anything with that area. Chairperson Wilcox — We could so designate it as a buffer zone and therefore... Mr. Kanter That is why in the preliminary plat we will need to see all the dimensions of all these different areas that we are talking about building and below the septic. Chairperson Wilcox — The primary and secondary septic areas. I actually like the way this looks. I like the way it looks. . Board Member Conneman — It is certainly an improvement. from the previous plan. Mr. Drake — The view is, if you guys haven't been up there, the view is .absolutely beautiful. Board Member Conneman — The way that Larry laid it out the first time was incredible. Mr. Drake — The property had grown up in parts and we put in a lot of drain tile to replace the old hexagon tile and even the horseshoe tile and laid up stone ditches that had given out. It is really getting to be quite a productive piece of property. It didn't look like- that - before- because- there- wasn't-even- any- view - there:- - -- - -- — Board Member Hoffmann - Could somebody remind me of the plans we saw for the parcel that is to the east of this? I think some of the agricultural land was going too be saved to, but was it on the western part or on the eastern part of the property? Mr. Kanter — That was in the northeast part of the property. Board Member Hoffmann - So the development would be along the entire road stretch there. Somehow I thought the agricultural land was going to be on the western side. Mr. Kanter — Yes. On Mr. Rancich's property that is right. Board Member Hoffmann — So there would be two pieces of agricultural property adjacent to each other. Mr. Drake — Yeah. I'm pretty certain that is what he is planning. Also, I think that there is that highline that goes through there even though there is quite a wide right -of -way, 30 PLANNING BOARD MINUTES MAY 312005 APPROVED think there is a state restriction on how close you can build to that highline right -of -way. So that pretty much restricts that upper parcel, that upper strip of land. Board Member Hoffmann — I don't think we gave any approval for that so that may change. Mr. Kanter — And we haven't heard from him in quite a while. Chairperson Wilcox — Other than our need to deal with the designation of this board as lead agency for environmental review, any other questions, comments with regard to Mr. Drake's project? One thing you can talk to Larry about is the phased development where you build part of the road. Then when you sell a lot you can build some more of the road and phase it in that way. Larry will know how that needs to be done. We all set from staff's perspective? Mr. Kanter —Yes. Chairperson Wilcox — We do have one piece of action, one motion here. Chairperson Wilcox reads the proposed resolution. Chairperson Wilcox moves the resolution and Board Member Talty seconds the motion. PB RESOLUTION NO, 2005 -050: Lead Agency Designation, Drake Subdivision, Tax Parcel No. 27 -1 -15.2, Mecklenburg Road MOTION made by Fred Wilcox, seconded by Kevin Talty. -- WHEREAS: — - -- —=------ - - - - -- -- 1. The Town of Ithaca Planning Board is considering a Sketch Plan for the proposed 144ot subdivision located on Mecklenburg Road (NYS Route 79) to the east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27445.2, Agricultural Zone. The proposal includes the construction of a new cul -de -sac road off Mecklenburg Road for the development of 12 residential lots and one +/- 2 -acre parcel reserved for open space. Approximately 62 acres of the original +/- 92.43 -acre parcel will remain available for agriculture. Robert Drake, Owner /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent, and 2. The proposed subdivision approval by the Planning Board is a Type I action 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, because the proposal. involves the construction of more than ten new residential units not to be connected to community or publicly -owned utilities (Town of Ithaca Environmental Review Law, Section V.2. a), and 31 PLANNING BOARD MINUTES MAY 312005 APPROVED 3. A report regarding "Preliminary Planning and Engineering Considerations" (received April 1, 2005) and a Full Environmental Assessment Form, Part 1, has been submitted by the applicant for the above - described action, NOW, THEREFORE, BE IT RESOLVED. That. the Town of Ithaca Planning Board hereby proposes to establish itself as lead agency to coordinate the environmental review of the proposed subdivision approval for the proposed Drake Subdivision, as described above, and BE IT FURTHER RESOLVED. That the Town of Ithaca Planning Board hereby requests the concurrence of all involved agencies on this proposed lead agency designation, said concurrence to be received by the Town of Ithaca Planning Department within thirty days from the date of notification of the involved agencies. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Mitrano, Howe, Talty. NAYS: None. ABSTAIN: None. The motion was declared to be carried unanimously. Chairperson Wilcox— Anything else you need, Mr. Drake? Mr.— Drake = No Another- reason - for - keeping and the Sheriffs Department loves that area. both the upper farm access and that access are in that area and we can get up and down have been a big savior for us. Before it was p -that-60-foot-there-is that - the -- State- Police It has been a terrific help to us. We left and everybody seems to know that they that highway without much trouble. They retty dangerous. I appreciate your time. Chairperson Wilcox — We will see you back soon, I guess. Chairperson. Wilcox closes this segment of the meeting at 8:53 p.m AGENDA ITEM: Discussion of the April 14, 2005 site visit and potential park sites related to the proposed Ithaca Estates Subdivision located off East King Road. Chairperson Wilcox opens this segment of the meeting at 8:55 p.m. Chairperson Wilcox — Do you want to make a presentation or are you just here to answer questions? How do you want to proceed this evening? 32 PLANNING BOARD MINUTES MAY 312005 APPROVED Paul Ballard, Interlaken I. guess we are really just looking for your follow up based on the site visit. Chairperson Wilcox — A number of us here participated in the site visit. We should thank Mr. Monkemeyer for giving Eva a ride around the property. Who wants to start with comments? Mr. Kanter — I put some of our staff observations in a memo, so I don't think I need to... Chairperson Wilcox — No, you don't need to. Your position is laid out. Mr. Kanter — It. is a composite . of talking with Fred and Rich and some of Dan's comments. Board Member Conneman — Well, I'll start. I think it is so far away.from where it needs to be that it doesn't make any sense. If it is going to serve this subdivision, its way out there in the middle of no place. Is that okay to start with? Chairperson Wilcox - Absolutely. That works. That works for me. Mr. Ballard — I guess it is definitely far from East King Road as far as a roadway access. Its about half a mile or so, but it does have close proximity to College Circle Apartments. As Ithaca Estates develops, it will certainly be closer to that as well. Board Member Conneman — The intention of the park is not to serve College Circle. I think it is to serve the community and houses off of King Road, I thought. No? -- Evan Monker°neyer; East - King -Road - -- -- - -- It.would be to serve all the citizens of the Town. Students are citizens of the Town. Board Member Conneman — They are certainly citizens of the Town, but you are putting it right in their backyard already. Mr. Monkemeyer — Part of the planning process... (not audible) ... it provides a buffer between.... (not audible)... Board Member Hoffmann - Well, as I remember from the original park and open space plan that was developed by the Town, it was felt that there was a need to have an active park up in this area to serve the people in the Town who live there and who have small children and teenagers, for them to have some other place. That is why when we saw the initial park space plan where the parkland was more in the center of the lands that you own, it seemed much more attractive because it was fairly flat. Some of it was on a steeper area, but I think in your presentation you talked about it as a sledding hill. Anyway, that just seemed to fit much more into the overall concept that the Town had for parks in this area. I'm a little bit concerned with, the same way that George is, about having the park being on the edge of your land rather than being in the center. I am 33 PLANNING BOARD MINUTES MAY 31 2005 APPROVED concerned about it being close to Ithaca College and their student housing because there have been some problems, 1 understand, in other parks that have been close to student populations and they use it in different ways that is perhaps not compatible with the use of children. Mr. Monkemeyer — I would like to respond to the first part of your statement and that is the prior park plan was withdrawn because the Town in essence up -zoned 25 acres of the 50 acre parcel and I lost certain rights, which made it totally unfeasible to develop. On one hand you are being asked to develop a million .dollar road that is going to surround the park and dedicate this land to the Township, which you get no return for your investment, but on the other side of the road, you have to be able to develop lots that you can sell. With the up zoning, I am only able to develop 3 lots off the 23 acres; which makes it totally unfeasible. The second part is the student concern. The students are here 9 months out of the year... (not audible)... Board Member Hoffmann — Yes, but I am sure you are aware of some of the abuse. Mr. Ballard — not audible Mr. Monkemeyer — Who's to say that the proposed park that I proposed the first time is maybe within 200, 300 feet of College Circle, they could certainly walk across the land and get to the other Town Park just as well. Board Member Hoffmann — They can, but it's probably not quite as tempting Mr. Monkemeyer — Well I have found them all over the property. Board- Member- Hoffmann = Well,—we- have- heard -all- kinds -of- horror - stories- about- what - - -- students do to people's residential properties, too, in the area of Ithaca College. Mr. Monkemeyer - That is one of my points. College Circle and put residential housing units that? Mr. Ballard — It does provide a buffer... You really can't take this area next to there. Who would want to live next to Mr. Monkemeyer — And I don't want to build more student housing. Board Member Hoffmann — You brought up the point of having had your land up -zoned as you put it, but you are aware, I think, of the reason for the rezoning of that area to a conservation zone. It is because there is some very unique land there, which the Town feels, needs to be protected. Mr. Monkemeyer — But my parkland was presented before the Town up -zoned and then after you up- zoned... (not audible)... 34 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Board Member Hoffmann - I just wanted to be sure you understand the reason for why the conservation zoning went in where it did. Mr. Monkemeyer - The prior plan that was presented is no longer feasible to develop because of that. Chairperson Wilcox - I think, Evan, over the years...you have been here numerous times over the years. We have been kicking this parcel around, which actually was originally 3 parcels, for a while. I think at one point you indicated that you thought the homes might, the lots, the houses might be more valuable if the parkland, the recreation land was not in the middle of it. You thought the people who were buying homes in this area wouldn't want an active use park near their house. I suspect that you still think that. That is one of the reasons to move where you would like to see the parkland, to the very northern part of my parcel. The other purpose, that l think you said tonight, it is land that is probably less valuable to you because it borders the College Circle Apartments. Now having said that, its still not the best place for a park. Having walked the property, one, Eva you said. It borders College Circle. Some of that land is real close to some of the apartments. Jon and Sue and I drove over after the formal walk. can't sit here and say that it was 50 feet or 100 feet from the structure to the property line, but its close. Its relatively flat back there and to be perfectly honest, the most northern parcel is relatively flat and might take the least amount of grading and earthmoving to put in some sort of active recreational facilities. On the other hand, the green one that is outlined in front of us is not appropriate for an active park. I shouldn't say not appropriate, but it would require a lot of earthmoving. It has a lot more dense shrubs that would have to be removed. It wouldn't be best for active parkland. If anything, it would be best for kids creating paths through the shrubs. - -- Board - Member Conneman = Paul,, why-do-you-think-that-field-is-there?--Because-the------- only time ... (not audible) ... when you see a stone fence and a piece of barbed wire, you know that what they did is to left it there for either the cows to pasture in or for woods. It was wet and shallow and has bedrock. If you don't believe that you can look at the soil map. That is the problem with the green area. It is not a very good place. It is wet and shallow. Mr. Ballard - not audible Board Member Conneman - Most of the bedrock and the shale. Chairperson Wilcox - I'm not going to sit here and say that all of the acreage for parkland has to be... Board Member Conneman - I didn't say that either. I'm just saying that when you get over that... if you want to pick the worst part of the property, that's it and the old timers figured that out a long time ago. 35 PLANNING BOARD MINUTES MAY 31 2005 APPROVED Chairperson Wilcox — The area we walked is probably the worst place to put an active ball field and probably the hardest place to build a house. Mr. Ballard - A baseball field could probably go... (not audible)... Board Member Conneman — It still says that the location is far away from King Road.. You would have to drive through a subdivision. Chairperson Wilcox — One of the previous versions, we actually have a copy of it; the red line over there is I believe a proposed boundary.. Mr. Ballard — not audible Chairperson Wilcox — ...and a result of the land in the northeast corner up there, it has been zoned as one house for every 7 acres. The nice thing about that plan, the layout of the pieces of land are somewhat odd, but that has something to do also with the fact that these were three parcels at the time with three separate owners and that's. how we kind of arrived at that and the sled hill. The nice thing about that is the land is relatively flat in some areas, which would accommodate an active use. But to me, the nice thing is that it was more in the middle of the development as at least proposed at that time. The development, which now shows .low density residential, multi - family, condos, commercial, a nice mix. It could be a wonderful place with mixed uses from the large estate lot to condos and commercial use and things like that. I just don't want that open space stuck way up in the north40 if you will. It doesn't have to be that plan. necessarily, but something that brings that open space or some of that open space or at least active open space back into the... more into the middle of the properties. That is what I would like to see. Board Member Howe — I'm sorry I wasn't able to be here, but I concur, Fred, with what you are saying. For as many people who say they don't want active recreation nearby, I think there are folks who would welcome that nearby. Chairperson Wilcox — Jon, did you want to say anything else? Mr. Kanter — No. Chairperson Wilcox — Evan, I'm sure you want to explain. Mr. Monkemeyer — I just wanted to add that the access to the site from Ithaca College Circle could be gained just through College Circle itself. The developer has the right to get a tax - exempt status on the property. They could provide a right -of -way through the property to the community ... (not audible) ... there is an option for access. I think one precedent might have been set, I don't know if in this Town, but I know in Syracuse, New York, Syracuse University has a park within city limits. It is called... park. It front essentially right on to campus. The students seem to respect it and it's a very active park. Its has ball fields, land walking trails and an amphitheater, swimming areas: .I 36 PLANNING BOARD MINUTES MAY 31 2005 APPROVED think it is not going to be detrimental to this park at that location because it is next to student housing. Mr. Kanter — not audible Chairperson Wilcox — Roughly how big is the park? Mr. Monkemeyer — I don't know. A couple hundred acres. Board Member Hoffmann Another point one could make quite reasonably is to talk about where the park space is needed and the students who live on Ithaca College campus or near it don't really have the need for active playing space and parks because they have that on campus right near College Circle. Mr. Ballard — The athletic fields are just north of this property. for Ithaca College. It is an extension of that. You are saying that maybe they need to be someplace else... Board Member Hoffmann — I feel there is a greater need for a park for the people who live not only in the area that you are planning to develop, but on the other side of King Road and all along King Road between Danby Road and Troy Road. There are lots of houses that have come up and know that there are children and young people there. Adults need parks, too. Anyway, I feel that its not just ... one has to look at the need and where the park is needed. Very often this is one of the basic criteria that we have when we come up with where to place a park and where to ask for parkland rather than money in lieu of parkland. We base it on where park space is needed. I feel that park space is needed and we have felt this for a long time in this area. I think that the Ithaca College students have a place to do that kind of playing around and relaxing on Chairperson Wilcox — We are not going to solve anything tonight. Does anybody else on the board want to make a comment? Someone speaking could not tell who it was or what they were saying, might be Attorney Barney. Mr. Monkemeyer ...the parks that 1 have seen developed in the Town take an extremely long period of time from the time acquires them to when they actually become an active park... (not audible) Attorney Barney not audible. Mr. Monkemeyer — The other part of my question is does the Town have the money to develop these parks because I read the article in the paper that came out a couple of months ago that said that the citizens are not clearly behind the park proposals if there was not no money, if the Town had to raise money and raise taxes...the paper ... (not audible) 37 PLANNING BOARD MINUTES MAY 3, 2005 APPROVED Attorney Barney — You may be mixing the City with the Town. I'm not aware... (not audible)... Mr. Monkemeyer — I think the proposal says that I would develop a road... (not audible)... Attorney Barney — I don't want to argue with you. I think the board has given you their expression of how they feel about this and I think at this juncture I think the board has said that it is unacceptable..: (not audible)... Mr. Monkemeyer — I don't know how far back you want to go on this, but I've already submitted a couple of deeds to the Town as far as park and subdivisions. Maps have been filed. Deeds have been passed. Then they have been thrown back at us. What guarantee do I have? I go and do all this work and then I'm going to get an approval? Attorney Barney — The deed was forthcoming 15 years after the subdivision. In 15 years a lot of things change. Had you offered the deed at the time you did the subdivision then the Town would have taken it and recorded it. You. want to do a subdivision and part of that subdivision requirement is parkland that is acceptable and usable to the Town. This doesn't meet that requirement... (not audible)... Chairperson Wilcox — We also have to keep in mind that it is not this board who makes the ultimate decision. It is the Town Board who makes the ultimate decision. Anything else tonight? Mr. Ballard - ...are you saying that this parkland is definitely out of the question at this - oint or -.— not audible . Mr. Kanter — Well, from what I was hearing the board didn't even get into that part of it. I would hate to have you go off and do more studies only to come back and the board is still not happy with the location. That is the more basic issue. Chairperson Wilcox — At this point I don't think there is reason to spend money studying the site because this board had made it clear that they don't like the sites and Mr. Barney, do you want to speak for the Town Board? Attorney Barney — I can't speak for the Town Board, but I suspect that they're... (not audible)... Chairperson Wilcox — We all set for tonight? Mr. Monkemeyer — We'll be in touch. Chairperson Wilcox — Thank you, Evan. PLANNING BOARD MINUTES MAY 3, 2005 APPROVED Chairperson Wilcox closes this segment of the meeting at 9:25 p.m. AGENDA ITEM: Approval of Minutes: April 12, 2005 and April 19, 2005 PB RESOLUTION NO. 2005 -051: Approval of Minutes: April 12, 2005, April 19, 2005 MOTION by Fred Wilcox, seconded by George Conneman. RESOLVED, that the Planning Board does hereby approve and adopt the April 12, 2005 and April 19, 2005 minutes as the official minutes of the Town of Ithaca Planning Board for the said meetings as presented with corrections. . The vote on the motion resulted as follows: AYES: Wilcox, Conneman, Howe, Talty. NAYS: None. ABSTAIN: Hoffmann. ABSENT., Mitrano. The vote on the motion was carried. OTHER BUSINESS Mr. Kanter gives the board an overview of the May 17th agenda and the board discusses upcoming agenda items. ADJOURNMENT On- motion -by- Board- Member - Hoffmann- the - meeting- was - adjourned -at- 9:33 -p.m.- -. Respectfully Submitted, , Carrie Coates Whitmore Deputy Town Clerk kis TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, May 3, 2005 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:04 P.M. SEQR Determination: Lucente Lot Line Modification, 400 & 402 Warren Road, 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision approval for the proposed subdivision and consolidation of two narrow strips of land along the boundary line between 400 (Town of Ithaca Tax Parcel No. 71 -1 -39.2) and 402 (Town of Ithaca Tax Parcel No. 71 -1 -39.3) Warren Road, Medium Density Residential Zone. The proposal will result in the exchange of small pieces of land between these two parcels. Stephen P. Lucente, Owner /Applicant. 7:10 P.M. SEQR Determination: Clavel Subdivision Buffer Modification, 175 East King Road, 7:15 P.M. PUBLIC HEARING: Consideration of a modification from the Chase Farm Subdivision vegetative buffer requirement for the parcel located at 175 East King Road, Town of Ithaca Tax Parcel No. 45 -1 -23, Medium Density Residential Zone. The proposal includes construction of a new house located 8 feet into the required 30 -foot vegetative buffer along the west property line. Thomas Clavel, Owner /Applicant. 7:20 P.M. Consideration of a Sketch Plan review for the proposed 14 -lot subdivision located on Mecklenburg Road (NYS Route 79) to the east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27 -1 -15.2, Agricultural Zone. The proposal includes the construction of a new cul -de -sac road off Mecklenburg Road for the development of 12 residential lots and one +/- 2 -acre parcel reserved for open space_ Approximately 62 acres of the original 92.43 -acre parcel will remain available for agriculture. Robert Drake, Owner /Applicant; Lawrence P. Fabbroni, P.E., L.S., Agent. 7:30 P.M. E61 6 10 11 Discussion of the April 14, 2005 site visit and potential park sites related to the proposed Ithaca Estates Subdivision located off East King Road. Persons to be heard (continued from beginning of meeting if necessary). Approval of Minutes: April 12, 2005 and April 19, 20050 Other Business: Adjournment. Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273 -1747. (A quorum of four (4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, May 3, 2005 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, May 3, 2005, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:05 P.M. Consideration of Preliminary and Final Subdivision approval for the proposed subdivision and consolidation of two narrow strips of land along the boundary line between 400 (Town of Ithaca Tax Parcel No. 71 -1 -39.2) and 402 (Town of Ithaca Tax Parcel No. 71 -1 -39.3) Warren Road, Medium Density Residential Zone. The proposal will result in the exchange of small pieces of land between these two parcels. Stephen P. Lucente, Owner /Applicant, 7:15 P.M. Consideration of a modification from the Chase Farm Subdivision vegetative buffer requirement for the parcel located at 175 East King Road, Town of Ithaca Tax Parcel No, 45 -1 -23, Medium Density Residential Zone. The proposal includes construction of a new house located 8 feet into the required 30 -foot vegetative buffer along the west property line. Thomas Clavel, Owner /Applicant. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments 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. Dated: Monday, April 25, 2005 Publish: Wednesday, April 27, 2005 Jonathan Kanter, AICP Director of Planning I TOWN OF ITHACA PLANNING BOARb SIGN -IN SHEET BATE: May 3, 2005 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS /AFFILIATION TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Polce being duly sworn, depose and say that I am a Senior Typist 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 the Town of Ithaca Town Hall, 215 North Tioga Street, Ithaca, New York, on TuesdgL May 3, 2005 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board - 215 North Tio ag Street. Date of Posting: Date of Publication: April 25, 2005 April 27, 2005 5XOXA� CFoIc� Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 27th day of April 2005, Notary Public CONNIE F. CLARK Notary Public, State of New .York No. 01 CL6052878 Qualified in Tompkins County Commission Expires December 26, 20