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HomeMy WebLinkAboutPB Minutes 2008-11-04FILE N1 �J DATE I/ I/qTwe TOWN OF ITHACA PLANNING BOARD REGULAR MEETING Tuesday, November 4, 2008 215 North Tioga Street Ithaca, New York 14850 Members Present: Chair, Rod Howe; Members: George Conneman, Larry Thayer, Susan Riha, Hollis Erb and Fred Wilcox. Alternate: Jon Bosak Absent: Kevin Talty Staff Present: Susan Ritter, Assistant Director of Planning; Christine Balestra, Planner; Susan Brock, Attorney for the Town; and Paulette Terwilliger, Deputy Town Clerk. Applicants /Others: Chris Kusznir and George Figueroa, Top Shelf Liquors; Roger Dennis, Ithaca; Judy and Patrick Burns, Burns Dock Extension; Monica Pritchard, Conifer Village. Chairperson Howe accepted the Affidavit of Posting and Publication of the Public Hearings and opened the meeting at 7:00 p.m. Fire exit locations were stated. Jon Bosak will be a voting member in Board Member Talty's absence. Persons to be Heard There was no one wishing to address the Board at this time. Chris Kusznir and George Figueroa, Applicants Chairperson Howe asked the Applicants if they had anything to add to the submitted materials and narrative. Mr. Kusznir noted that the concern over light pollution had been expressed and he assured the Board that the sign would not be illuminated when the current Rogan's sign was not illuminated because Rogan's hours are longer than theirs. He felt this mitigated the concerns. He also noted that it would not be illuminated during the day, just dusk to closing. He was not aware of any environmental issues with the sign. PB 11.4.200$ Pg 2 Chairperson Howe asked if the Board had questions. Board Member Wilcox had changes to the.SEQR forma The tax parcel number was added to #3; the measurement of the sign was rounded off. There was some discussion and it was agreed that 2.2 was acceptable. Alternate Member Bosak noted a typographical error and Board Member Erb noted that "residential" should be checked on #10. There were no other questions from the Board. Chairperson Howe opened the public hearing at 7:05 p.m. Roger Dennis, Neighbor — Mr. Dennis owns the residential apartment complex next door and he asked that the sign not be pointed or faced toward his property. Board Member Wilcox showed Mr. Dennis the sketch plan indicating that the sign would not be facing his property. There being no one else wishing to address the Board, Chairperson Howe closed the public hearing at 7:07 p.m. SEAR resolution was moved and seconded. ADOPTED RESOLUTION. PB RESOLUTION NO. 2008 - 092 SEOR Preliminary & Final Site Plan Approval Top Shelf Liquor Store — Sign Modification 821 =B Danby Road — Rogan's Corner Tax Parcel No. 40 =4 =2 Town of Ithaca Planning Board November 4, 2008 Motion made by Fred Wilcox, seconded by Hollis Erb. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for modification of a sign at the "Top Shelf Liquor" retail store located at 821 -B Danby Road (Rogan 's Corner), Town of Ithaca Tax Parcel No. 404-2, Neighborhood Commercial Zone. The proposal involves replacing the existing 2 foot wide by 8 foot long wall mounted aluminum sign on the storefront, with a 2.2 foot wide by 10 foot long wall mounted mylar sign that would be enclosed in a fluorescent lighted black metal cabinet. The proposed sign would contain the same color scheme as the approved sign with. a minor design modification. James & Julie Rogan, Owners; KFI Holdings LLC, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this uncoordinated environmental review with respect to Site Plan Approval, and PB 11.4.2008 Pg 3 3. The Planning Board, on November 4, 2008, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part Il prepared by Town Planning staff, a memo describing the sign with an inserted photo of the sign provided by the applicant (date stamped September 23, 2008), and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval; NOW THEREFORE BE IT RESOLVED, That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced. actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part ll, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the motion was as follows: Ayes: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox Nays: None Absent: Talty The motion passed unanimously. The Preliminary and Final Site Plan resolution was moved and seconded. ADOPTED RESOLUTION. PB RESOLUTION NO. 2008 - 093 Preliminary and Final Site Plan Approval Top Shelf Liquor Store — Sign Modification 821 -B Danby Road — Rogan's Corner Tax Parcel No. 404=2 Town of Ithaca Planning Board November 4, 2008 Motion made by Susan Riha, seconded by George Conneman, WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval for modification of a sign at the "Top Shelf Liquor' retail store located at 821 -B Danby Road (Rogan Is Corner), Town of Ithaca Tax Parcel No. 40 -4 -2, Neighborhood Commercial Zone. The proposal involves replacing the existing PB 11.4.2008 Pg 4 2- foot wide by 8 foot long wall mounted aluminum sign on the storefront, with a 2.2 foot wide by 10 foot long wall mounted mylar sign that would be enclosed in a fluorescent lighted black metal cabinet. The proposed sign would contain the same color scheme as the approved sign with. a minor design modification. James & Julie Rogan, Owners; KFI Holdings LLC, 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 Site Plan Approval has, on November 4, 2008, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 4, 2008, has reviewed and accepted as adequate a memo with a photo of the proposed sign (date stamped Sept. 23, 2008) 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 Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the replacement of the existing 2 foot wide by 8 feet long wall mounted aluminum sign located on the storefront, with a proposed 2.2 foot wide by 10 foot long mylar sign that would be enclosed in a florescent lighted black metal cabinet, at the "Top Shelf Liquor" retail store located at 821 -B Danby Road, Town of Ithaca Tax Parcel No, 40 -4 -2, Neighborhood Commercial Zone, as described in a memo concerning the sign with an inserted photo of the sign provided by the applicant (date stamped September 23, 2008). A vote on the motion was as follows: Ayes: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox Nays:. None Absent: Talty The motion passed unanimously. Chairperson Howe thanked the applicants and announced the next agenda item. PB 11.4.2008 Pg 5 Determination and PUBLIC HEARING: Consideration of Preli Final Site Plan Approval and Special Permit for the proposed dock repair and extension located at 1089 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 =2 -3, Lakefront Residential Zone. This .proiect involves removing the existing boat hoist and installing a new boat hoist 12 feet further into the lake, adding an 8 foot extension onto the end of . the existina dock, and adding new pilings in several locations. Joseph A. & Judith K. Burns, Owners /Applicants. Judy and Patrick Burns, Applicants Chairperson Howe asked Ms. Burns to highlight her points. Ms. Burns wanted to emphasize that the present dock has been there for 25 years and the restoration and extension are being done because the dock is unsafe. The creek has formed a large delta over the years which is going under the dock and moving supports. Chairperson Howe noted that the Town is in the process of reviewing and adopting new regulations pertaining to docks and this makes it confusing to look at now. Ms. Brock stated that the Board needs to apply the law as it currently exists today not on what may or may not happen soon. Board Member Thayer asked about the timeline of the new law and Ms. Brock stated that the Town Board would be considering it the following Monday although she added that it has been up for consideration a number of times and been sent back to committees. Discussion followed. The proposal does not meet requirements now, but would be closer to the new regulations than the old. It was determined that the extension would be 8 feet long instead of the earlier requested 12 feet. Ms. Burns noted that the new boat hoist needed to be further out due to the delta and that it would be smaller. Board Member Erb understood that the delta was filling in underneath and that the length requested was reasonable, but she disagreed with the need for the width. Discussion followed. Ms. Burns felt that having the extension be less wide than the existing would cause a "notch" in the dock would not be pleasing visually. Board Member Thayer thought the difference in width would be unsafe, and Ms. Burns concurred. Alternate Member Bosak thought by approving this, they would be telling the applicants to "take their chances with the Zoning Board." Ms. Brock clarified that the Board would be issuing an approval subject to a variance from the ZBA. It is not a recommendation; it's an approval subject to condition(s). Alternate Member Bosak noted that the ZBA would be meeting after the Town Board and they may have a clearer idea of the regulations. Board Member Riha had questions on the dock, and there was some discussion on the drawings submitted and the shape of the dock. Board Member Wilcox thought if they would commit to the 8 foot extension length, he had no problem with the 12 foot width. PB 11.4.2008 Pg 6 There were changes to the SEQR.. Item #8, the answer was changed to "no" because .the applicants would need to receive variances from the ZBA. Item #11, Zoning Board of Appeals was added. There were no other environmental questions. Chairperson Howe opened the public hearing at 7:24 p.m. Mr. Dennis addressed the Board again. He is a neighbor and he felt there would be no problem with him or any of his neighbors. He understands the delta issue and he had no issue with the 12 foot width. There was no one else wishing to address the Board. The public hearing was closed at 7:25 p.m. The SEAR motion was moved and seconded. ADOPTED RESOLUTION: PB RESOLUTION NO, 2008 - 094 SEAR Preliminary & Final Site Plan Approval & Special Permit Proposed Dock Repair and Extension 1089 Taughannock Boulevard Tax Parcel No. 21 -2 -3 Planning Board November 4, 2008 Motion made by Larry Thayer, seconded by Hollis Erb. WHEREAS. 1. This action is consideration of Preliminary and Final Site Plan Approval and. Special Permit for the proposed dock and boat hoist repair and dock extension located at 1089 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2 -3, Lakefront Residential Zone. The proposal includes adding an 8 -foot extension onto the end of an existing dock, removing the existing boat hoist and pilings, and installing a new boat hoist and new pilings 12 -feet further lakeward and adjacent to the extended dock. Joseph A. and Judith K. Burns, Owners /Applicants, and 21 This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this uncoordinated environmental review with respect to Site Plan Approval and Special Permit, and 3 The Planning Board, on November 4, 2008, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, application materials submitted by the applicant entitled "Description of Proposed Construction Project, PB 11.4.2008 Pg 7 Joe and Judy Burns, 1089 Taughannock Boulevard, Ithaca, NY, 14850, Tax Parcel 21 -2 -3," including a survey map of the property and sketches detailing the proposed location and dimensions of the proposed dock and boat hoist extension, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval and Special Permit; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Part II referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. A vote on the motion was as follows: Ayes: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox Nays: None Absent: Talty The motion passed unanimously. Chairperson Howe brought the discussion back to the Preliminary, Final and Special Approval. He stated he was swayed by the argument that differing lengths may be dangerous and supported the 12 foot width. Board Member Conneman asked if approval would set a precedent and Ms. Brock responded that each application is considered on its own merit, but she thought the safety arguments were unique to this situation as opposed to somebody else who may come in that has no existing dock and wants to put in a 12 foot wide dock. Board Member Riha noted that the aerial photo submitted indicates the neighboring docks appear to be even wider. Ms. Balestra added that they were all grandfathered in. Board Member Wilcox noted the need to fill in the blank on the whereas #2 in the resolution with 32 feet. The motion was moved and seconded. There were no other changes. PB 11 .4.2408 Pg 8 ADOPTED RESOLUTION: PB RESOLUTION NO. 2008 - 095 Preliminary & Final Site Plan Approval & Special Permit Proposed Dock Repair and Extension 1089 Taughannock Boulevard Tax Parcel No. 21 =2 -3 Planning Board, November 4, 2008 Motion made by Fred Wilcox, seconded by Hollis Erb. WHEREAS. 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed dock and boat hoist repair and dock extension located at 1089 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2 -3, Lakefront Residential Zone. The proposal includes adding an 8 -foot extension onto the end of an existing dock, removing the existing boat hoist and pilings, and installing a new boat hoist and new pilings 124eet further lakeward and adjacent to the extended dock. Joseph A. and Judith K. Burns, Owners /Applicants, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan Approval and Special Permit has, on November 4, 2008, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 4, 2008, has reviewed and accepted application materials submitted by the applicant entitled "Description of Proposed Construction Project, Joe and Judy Burns, 1089 Taughannock Boulevard, Ithaca, NY, 14850, Tax Parcel 21 -2 -3," including a survey map of the property and sketches detailing the proposed location and dimensions of the proposed dock and boat hoist extension, and other application materials, and NOW THEREFORE BE IT RESOLVED: 1'. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed dock and boat hoist repair and dock extension located at 1089 Taughannock Boulevard, as shown on the submitted plans, subject to the following conditions: a. Granting of the necessary variances from the Zoning Board of Appeals, in particular, the requirements of Section 270 -45 (A)(1)(b)[6] regarding the width PB 11.4.2008 Pg 9 of the dock and Section 27045 (A)(1)(b)[8] regarding the maximum allowed surface area, prior to the issuance of a building permit, and b. Submission of a copy to the Town of Ithaca Planning Department of the Army Corps of Engineers /NYS Department of Environmental Conservation Joint Permit for the proposal, if a permit is'required. AND BE IT FURTHER RESOLVED: 1. That the Planning repair /replacement of Residential Zone a; determining that the Board hereby grants Special Permit to allow the a boat hoist and repair /extension of a dock in a Lakefront provided for in the Town of Ithaca Code §27045, standards of §270 -200, Subsections A -L, of the Town of Ithaca Code have been below, met, subject to the following, conditions listed in 2 and 3 2. That the Planning Board hereby authorizes the length of the proposed dock to exceed the 30 -foot maximum length, pursuant to Section 27045(A)(1)(b)[7], with the condition that said dock shall not exceed 32 feet, and 39 That this Special Permit is further conditioned upon the approval of the variances by the Zoning Board of Appeals as referenced in condition 2.a. of Site Plan Approval in regards to maximum width and surface area. A vote on the motion was as follows: Ayes: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox Nays: None Absent: Talty The motion passed unanimously. Chairperson Howe announced the next agenda item. SEAR Determination and Public Hearing: Consideration of Preliminary and Final Site Plan Approval for the proposed modification to the Conifer Village at Ithaca Senior Apartments project located at 200 Conifer Drive, Town of Ithaca Tax Parcel No. 274- 13.121, Multiple Residence Zone. The proposed modification includes constructing a 48" high split rail fence around the existing detention pond The fence will include a green chain link fabric fencing on the inside of the cedar rails and will be located approximately six feet back from the edge of the water. Ithaca Senior Living, LLC, Owner /Applicant; Lisa M. Goodberry, Agent Monica Pritchard, Property Manager Chairperson Howe asked Ms. Pritchard to give a general statement. PB 11.4.2008 Pg 10 Ms. Pritchard stated that a Housing Inspector had visited the site and was concerned about safety. He "wrote them up" and asked them to put a fence around the retention pond for safety. There was an issue with the tax parcel number on the SEQR and resolutions: It was determined that the correct parcel number was in the public hearing notice and it was corrected on the resolutions and the SEAR. Item #6, the amount of land is not filled in; it should be less than one acre. Present land use should have Park and open space checked. The signature on the SEAR was not dated. It was decided that the agent present tonight, Monica Pritchard, would sign and date the SEQR. It was noted that the zone is actually Multiple Residence, not Residential. That was changed on the resolutions and SEQR. The SEQR was moved and seconded. ADOPTED RESOLUTION. PB RESOLUTION NO. 2008 - 096 SEQR Conifer Village at Ithaca Site Plan Modification — Addition of Fence Tax Parcel No. 27- 143.121 Conifer Drive Town of Ithaca Planning Board November 4, 2008 Motion made by Susan Riha, seconded by Hollis Erb. WHEREAS, 1. This action is consideration of Preliminary and Final Site Plan approval for modifications to the previously approved Conifer Village at Ithaca project, located off Conifer Drive, Tax Parcel No. 27 -1- 13.121, Multiple Residence Zone. The proposal involves the installation of a four -foot tall fence to surround the stormwater management pond located just off Conifer Drive and adjacent to the Conifer Village driveway entrance. The fence would have a split rail design with green vinyl chain link fencing fastened to the inside rails. Conifer Realty, LLC, Owner /Applicant; Lisa Goodbeny, Project Coordinator, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this environmental review with respect to Site Plan Approval, and 3. The Planning Board, on November 4, 2008, has reviewed and accepted as adequate a drawing showing the location of fence on the site (date stamped 10/14108), a full site drawing "Alta /ACSM Land Title Survey Conifer Village at Ithaca — Phase 4" revision date 10/24108, fence details, a sample photo of the fence, and other application material, and PB 11.4.2008 Pg 11 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed Site Plan approval for the proposed project modifications. NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced actions as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. A vote on the motion was as follows: Ayes: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox Nays: None Absent: Talty The motion passed unanimously. Chairperson Howe opened the public hearing at 7:32 p.m. There was no one wishing to address the Board. The matter was brought back to the Board. Board Member Riha asked about the size of the gate in the fence. Mr. Walker stated that gates in this type of fence are typically swing gates, usually the width of one section, which would be big enough for any maintenance equipment. Board Member Thayer wondered why they had not required the fence themselves and noted that when he was voting there this morning, he noticed a resident in a wheelchair come very close to the edge. He was pleased with the fence. The public hearing was closed at 7:38 p.m. The resolution was moved and seconded. In addition to the previous changes, in the last resolved, add the word "with a gate with a minimum width of 8 feet." ADOPTED RESOLUTION. PB RESOLUTION NO. 2008 = 097 Conifer Village at Ithaca Site Plan Modification - Addition of Fence Tax Parcel No. 27 -1- 13.121 Conifer Drive Town of Ithaca Planning Board November 4, 2008 Motion made by George Conneman, seconded by Susan Riha. PB 11.4.2008 Pg 12 WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan approval for modifications to the previously approved Conifer Village at Ithaca project, located off Conifer Drive, Tax Parcel No. 27 -1- 13.121, Multiple Residence Zone. The proposal involves the installation of a four -foot tall fence to surround the stormwater management pond located just off Conifer Drive and adjacent to the Conifer Village driveway entrance. The fence would have a split rail design with green vinyl chain link fencing fastened to the inside rails. Conifer Realty, LLC, Owner /Applicant; Lisa Goodbeny, Project Coordinator, Agent, and, 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Site Plan approval and modification thereof, has, on November 4, 2008, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on November 4, 2008, has reviewed and accepted as adequate a drawing showing the location of the fence on the site (date stamped 10/14/08), a full site drawing "Alta /ACSM Land Title Survey Conifer Village at Ithaca — Phase 4" revision date 10/24/08, fence details, a sample photo of the fence, 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 Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose. of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants a modification of the previously approved site plan at Conifer Village at Ithaca for the addition of a fence for Tax Parcel. No. 27 -1- 13.121 as shown on the location drawing of the proposed fence (date stamped 10/14/08), a full site drawing "Alta /ACSM Land Title Survey Conifer Village at Ithaca — Phase 4" revision date 10/24/08, fence details, a sample photo of fence, and other application materials, with a gate with a minimum width of 8 feet. A vote on the motion was as follows: Ayes: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox Nays: None Absent: Talty P8 11.4.2008 Pg 13 The motion passed unanimously. Chairperson Howe announced the next agenda item Consideration of revocation of Preliminary Subdivision Approval for a 13 -lot subdivision on Mecklenburg Road (NYS Route 79), located east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27 -1- 15.2, Agricultural Zone. The proposal included the subdivision of a 92 +L. acre parcel into 12 residential building lots, with a 2 +/- acre open space area and 62 +/_ acres remaining available for agricultural use. The Planning Board -granted preliminary subdivision approval for the project on December 6, 2005. The applicant has since decided not to pursue final approval for the project and has not submitted a final plat for review and approval by the Planning Board. Pursuant to Section 176.5(h) of NYS Town Law, the Planning Board may revoke a preliminary subdivision approval if a final plat is not submitted within six months of the aranted preliminary approval. Chairperson Howe noted that this has never occurred with this Board. Board Member Thayer asked whether it would just expire. Ms. Balestra explained that Final Subdivision Approvals would but Preliminaries do not; they have to be revoked. She noted for the record that Mr. Drake had verbally told Mr. Kanter that he had no intention of doing any of the previous plan(s) for the property. Board Member Wilcox commented that he is bothered that there is no SEQR determination and that there is no public hearing. ADOPTED RESOLUTION: PB RESOLUTION NO. 2008 - 098 Revocation of Preliminary Subdivision Approval Drake 13,Lot Subdivision Mecklenburg Road Town of Ithaca Tax Parcel No. 27 -1 -15.2 Town of Ithaca Planning Board November 4, 2008 Motion made by George Conneman, seconded by Larry Thayer. WHEREAS: 1. This action involves the consideration of revocation of Preliminary Subdivision Approval for a 13 -lot subdivision on Mecklenburg Road (NYS Route 79), located east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27 -1 -15.2, Agricultural Zone. The proposal included the subdivision of a 92 +/- acre parcel into 12 residential building lots; with a 2 +1- acre open space area and 62 +/- acres remaining available for agricultural use. The Planning Board granted preliminary subdivision approval for the project on December 6, 2005. Robert Drake, Owner /Applicant, and PB 11.4.2008 Pg 14 2. The revocation of Preliminary Subdivision Approval is a Type II Action pursuant to Part 617.5(c), Subsections 20 and/or 28, and a negative determination of environmental significance was made by the Planning Board on December 6, 2005, for the proposed subdivision. Therefore, no further environmental review, pursuant to SEAR, is required, and 3. The Planning Board, at a Public Hearing held on December 6, 2005, reviewed plans for the proposed 13 -lot subdivision and granted preliminary subdivision approval for the proposal, and 4. Pursuant to Section 276.5(h) of NYS Town Law, the Planning Board may revoke a preliminary subdivision approval if a final plat is not submitted within six months of the granted preliminary approval, and 5. The applicant has since decided not to pursue final approval for the project and has not submitted a final plat for review and approval by the Planning Board as of November 4, 2008, and 6. The one lot for which the Planning Board granted conditional Final Subdivision Approval on December 6, 2005, has already expired, pursuant to NYS Town Law, Section 276.7(c), since the conditions for that approval were not completed within the required 180 days, NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby revokes the Preliminary Subdivision Approval that was granted on December 6, 2005 for the proposed 13 -lot subdivision located on Mecklenburg Road, located east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27 -1 -15.2, Agricultural Zone, pursuant to NYS Town Law, Section 276.5(h). A vote on the motion was as follows: AYES: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox. NAYS: None Absent: Talty The motion passed unanimously. Approval of Minutes Alternate Member Bosak asked why the names of speakers were not included. Chairperson Howe said the Board does not require a name, they choose to. Applicants must but not speakers. Ms. Brock stated that since the minutes are posted online, there PB 11.4.2008 Pg 15 are privacy issues. Board Member Erb commented that she liked the way the summary was going and the rest of the Board agreed. Motion made and seconded. ADOPTED RESOLUTION PB RESOLUTION NO. 2008 — 099 Approval of Minutes — October 7, 2008 Town of Ithaca Planning Board November 4, 2008 Motion made by Hollis Erb, seconded by Jon Bosak, WHEREAS. The Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on October 10, 2008, and NOW THEREFORE BE IT RESOLVED: The Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meetings on October 10, 2008. A vote on the motion was as follows: AYES: Howe, Conneman, Thayer, Bosak, Riha, Erb and Wilcox. NAYS: None Absent: Talty The motion passed unanimously. Committee Reports Codes & Ordinances Comprehensive Plan Planning Committee Nodal Development Seminar Next Agenda Ms. Ritter gave a preview of the next agenda. There.was some discussion regarding the temporary trailers at Wilson Lab, Cornell. Ms. Brock updated the Board. The ZBA did.not reopen the variance so they still have an active, legal variance. Chairperson Howe noted that there were two Town Board members in the audience; Councilman Peter Stein and Supervisor Herb Engman. He asked if they had any comments. Mr. Engman said the audio in the room is bad. They could not hear a lot of what was said and Mr. Engman was going to investigate. PB 11.4.2008 Pg 16 Adiournment Meeting was adjourned at 7:52 p.m. Respelly submitted, Paulette Terwilliger Deputy Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday. November 4. 2008 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Top Shelf Liquor - Sign, 821 -B Danby Road. 7 :05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed modification of a sign at the "Top Shelf Liquor" retail store located at 821 -B Danby Road (Rogan's Comer), Town of Ithaca Tax Parcel No. 40 -4 -2, Neighborhood Commercial Zone. The proposal involves replacing the existing 2 foot wide by 8 feet long wall mounted aluminum sign on the storefront, with a 2 foot wide by 10 foot long wall mounted mylar sign that would be enclosed in a florescent lighted black metal cabinet. The proposed sign would contain the same color scheme and design as the existing sign. James & Julie Rogan, Owners; KFI Holdings LLC, Applicant. 7:15 P.M. SEQR Determination: Bums Dock Repair & Extension, 1089 Taughannock Boulevard. 7 :15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed dock repair and extension located at 1089 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21- 2-3, Lakefront Residential Zone. This project involves removing the existing boat hoist and installing a new boat hoist 12 feet further into the lake, adding an 8 foot extension onto the end of the existing dock, and adding new pilings in several locations. Joseph A. & Judith K. Burns, Owners /Applicants. 7:30 P.M. SEQR Determination: Conifer Village at Ithaca — Fence, 200 Conifer Drive, 7:30 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Si to the Conifer Village at Ithaca Senior Apartments project located Parcel No. 27 -1- 13.121, Multiple Residence Zone. The proposed. split rail fence around the existing detention pond. The fence will inside of the cedar rails and will be located approximately six feet Living, LLC, Owner /Applicant; Lisa M. Goodberry, Agent. to Plan Approval for the proposed modification at 200 Conifer Drive, Town of Ithaca Tax modification includes constructing a 48" high include a green chain link fabric fencing on the back from the edge of the water. Ithaca Senior 7:45 P.M. Consideration of revocation of Preliminary Subdivision Approval for a 13 -lot subdivision on Mecklenburg Road (NYS Route 79), located east of 1362 Mecklenburg Road, Town of Ithaca Tax Parcel No. 27 -1 -15.2, Agricultural Zone. The proposal included the subdivision of a 92 +/- acre parcel into 12 residential building lots, with a 2 +/- acre open space area and 62 +/- acres remaining available for agricultural use. The Planning Board granted preliminary subdivision approval for the project on December 6, 2005. The applicant has since decided not to pursue final approval for the project and has not submitted a final plat for review and approval by the Planning Board. Pursuant to Section 176.5(h) of NYS Town Law, the Planning Board may revoke a preliminary subdivision approval if a final plat is not submitted within six months of the granted preliminary approval. 9. Approval of Minutes: October 7, 2008. 10, Other Business: 11. 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 HEARING Tuesday, November 4, 2008 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, November 4, 2008, 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 Site Plan Approval for the proposed modification of a sign at the "Top Shelf Liquor" retail store located at 821 -B Danby Road (Rogan's Corner), Town of Ithaca Tax Parcel No. 40 -4 -2, Neighborhood Commercial Zone. The proposal involves replacing the existing 2 foot wide by 8 feet long wall mounted aluminum sign on the storefront, with a 2 foot wide by 10 foot long wall mounted mylar sign that would be enclosed in a florescent lighted black metal cabinet. The proposed sign would contain the same color scheme and design as the existing sign. James & Julie Rogan, Owners; KFI Holdings LLC, Applicant. 7:15 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed dock repair and extension located at 1089 Taughannock Boulevard, Town of Ithaca Tax Parcel No. 21 -2 -3, Lakefront Residential Zone. This project involves removing the existing boat hoist and installing a new boat hoist 12 feet further into the lake, adding an 8 foot extension onto the end of the existing dock, and adding new pilings in several locations. Joseph A. & Judith K. Burns, Owners /Applicants, 7:30 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed modification to the Conifer Village at Ithaca Senior Apartments project located at 200 Conifer Drive, Town of Ithaca Tax Parcel No. 27- 1- 13.121, Multiple Residence Zone. The proposed modification includes constructing a 48" high split rail fence around the existing detention pond. The fence will include a green chain link fabric fencing on the inside of the cedar rails and will be located approximately six feet back from the edge of the water. Ithaca Senior Living, LLC, Owner /Applicant; Lisa M. Goodberry, Agent. Said Planning Board will at said time and said place hear all persons in support of such matter 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 hearing. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, October 27, 2008 Publish: Wednesday, October 29, 2008 f I,Wednesday, October 29y'2008 IY dHE ITHACA JOURNAL ` ' Town of Ithaca Planning Board 215 North Tioga Street November 4, 2008 7:00 p.m. PLEASE SIGN -IN Please Print Clearly, Thank You RMIn Ir (!herb ko l 3 K Lei' i Address pen eeee- 4 C �t 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 Tuesday, November 4, 2008 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: October 27, 2008 October 29, 2008 a,Qo�J Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 29`h day of October 2008. ea��L Notary Public CONNIE F. CLARK Notary Public, State of New York No.01CL6052878 Oualified in Tompkins County Commission Expires December 26, 20 16