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HomeMy WebLinkAboutPB Minutes 2009-04-07FILE DATE REGULAR MEETING TOWN OF ITHACA PLANNING BOARD TUESDAY, APRIL 7, 2009 215 NORTH TIOGA STREET ITHACA, NEW YORK Board Members Present Rod Howe, Chairperson; Fred Wilcox, George Conneman, Hollis Erb, Jon Bosak. Excused Susan Riha and Kevin Talty. Staff Present Jonathan Kanter, Director of Planning; Dan Walker, Director of Engineering; Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for the Town; Susan Ritter, Assistant Director of Planning; Mike Smith, Environmental Planner; Christine Balestra, Planner; Carrie Coates Whitmore, First Deputy Town Clerk. Others Herb Engman, Rich Schoch, Nancy Battistella, Larry lacovelli, Ed Mazza, Monica Pritchard. Call to Order Chairperson Howe declared the meeting duly opened at 7:02 p.m., and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 30, 2009 and April 1, 2009, 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 County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on April 1, 2009. Chairperson Howe stated the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM Persons to be heard No one. AGENDA ITEM SEOR Determination: Battistella 2 -Lot Subdivision, 1549 Slaterville Road Chairperson Howe introduced the agenda item and read the public hearing notice. He then solicited questions from the Board. Planning Board Minutes of April 7, 2009 Approved Board Member Wilcox asked Ms. Battistella if she had already purchased the property at 1549 Slaterville Road. Ms. Nancy Battistella responded that she has a purchase offer on the property. There being no further discussion, Board Member Conneman moved and Board Member Erb seconded the proposed SEAR resolution. Attorney Brock suggested changes to the Environmental Impact Statement. Board agreed and changes were made to Paragraphs 5, 8 and 11. Paragraph 5 was changed to read, "Subdivision of approximately 1 acre from tax parcel..." Paragraph 8 was changed to read, "Use of the one acre parcel as part of the farm winery operations may require a use variance modification from the Zoning Board of Appeals" and "No" was checked instead of "Yes ". Paragraph 11 was changed to read, "Zoning Board of Appeals use variance modification" and "Yes" was checked instead of "No ". Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-024: SEAR, Preliminary and Final Subdivision Approval, Battistella 2 -Lot Subdivision, 1549 Slaterville Road, Tax Parcel No. 56 -2- 1.2 MOTION made by George Conneman, seconded by Hollis Erb. WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 1549 Slaterville Road, Town of Ithaca Tax Parcel No. 56- 2 -1.2, Medium Density Residential Zone. The proposal involves subdividing off a +/- 44,671 square foot (approximately 1 acre) portion from the existing +/- 1.6 acre parcel for the purpose of consolidating it with the adjacent Tax Parcel No. 56- 2 -1.1. The remaining +1-26,232 square foot (0.6 acre) parcel will contain the existing residence. Nancy Battistella, Owner /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 Subdivision Approval, and 3. The Planning Board on April 7, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form Part 1, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Subdivision Map of Lands at 1549 Slaterville Road, 56- 2 -1.2, Town of Ithaca, Tompkins County, New York" prepared by Howard R. Schlieder, most recent revised survey date March 2, 2009, and other application materials, and Page 2 of 20 Planning Board Minutes of April 7, 2009 Approved 4. 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 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, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. PUBLIC HEARING Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 1549 Slaterville Road, Town of Ithaca Tax Parcel No. 56- 2 -1.2, Medium Density Residential Zone. The proposal involves subdividing off a +/- 44,671 square foot (approximately 1 acre) portion from the existing +/- 1.6 acre parcel for the purpose of consolidating it with the adjacent Tax Parcel No. 56- 2 -1.1. The remaining +/- 26,232 square foot (0.6 acre) parcel will contain the existing residence. Nancy Battistella, Owner /Applicant. Chairperson Howe opened the public hearing at 7:07 p.m. and solicited questions and comments from the Board. The Board briefly discussed how the area of parcels is calculated. Chairperson Howe invited the public to address the Board and there being no one, he closed the public hearing at 7:10 p.m. Board Member Erb moved and Board Member Wilcox seconded the proposed resolution. With no discussion, Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-025: Preliminary and Final Subdivision Approval, Battistella 2 -Lot Subdivision, 1549 Slaterville Road, Tax Parcel No. 56-2-1.2 MOTION made by Hollis Erb, seconded by Fred Wilcox. WHEREAS: Page 3 of 20 Planning Board Minutes of April 7, 2009 Approved This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 1549 Slaterville Road, Town of Ithaca Tax Parcel No. 56- 2 -1.2, Medium Density Residential Zone. The proposal involves subdividing off a +/- 44,671 square foot (approximately 1 acre) portion from the existing +/- 1.6 acre parcel for the purpose of consolidating it with the adjacent Tax Parcel No. 56- 2 -1.1. The remaining +/- 26,232 square foot (0.6 acre) parcel will contain the existing residence. Nancy Battistella, 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 April 7, 2009, 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 Part Il prepared by the Town Planning staff, and 3. The Planning Board on April 7, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Subdivision Map of Lands at 1549 Slaterville Road, 56- 2 -1.2, Town of Ithaca, Tompkins County, New York" prepared by Howard R. Schlieder, most recent revised survey date March 2, 2009, and other application materials, and NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 1549 Slaterville Road as shown on the survey maps entitled "Subdivision Map of Lands at 1549 Slaterville Road, 56- 2 -1.2, Town of Ithaca, Tompkins County, New York" prepared by Howard R. Schlieder, most recent revised survey date March 2, 2009, subject to the following conditions: a. granting of the necessary approvals from the Town of Ithaca Zoning Board of Appeals, and b. submission for signing by the Chairperson 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 submission of a receipt of filing to the Town of Ithaca Planning Department, and Page 4 of 20 Planning Board Minutes of April 7, 2009 Approved C. within six months of this approval, consolidation of the +/- 44,671 square foot parcel with Tax Parcel No. 56- 2 -1.1, and evidence of such consolidation to be submitted to the Town of Ithaca Planning Department. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. AGENDA ITEM SEQR Determination: Gelber / Tuttle 2 -Lot Subdivision, 107 Forest Home Drive Chairperson Howe solicited questions from the Board. Board Member Erb asked if the Board needed to include a condition on the resolution requiring an affirmative response from the New York State Office, Parks, Recreation and Historic Preservation. Ms. Balestra explained that the NYS Historic Preservation Office indicated that if the action is minor, for example a two -lot subdivision or if the action does not affect Fall Creek, then the Town should not expect a response from the State. Mr. Kanter added that SEAR classifies the project as a Type I action, but does not say that an approval is necessary from another entity. With no further discussion, Board Member Conneman moved and Board Member Bosak seconded the proposed resolution. Ms. Balestra noted that under whereas number 2, "Unlisted Action" needed to be changed to "Type I Action ". She said that the same change would need to be made to the resolution for preliminary and final subdivision approval. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-026: SEAR, Preliminary and Final Subdivision Approval, Gelber/Tuttle 2 -Lot Subdivision, 107 Forest Home Drive, Tax Parcel No. 66 -5 -11 MOTION made by George Conneman, seconded by Jon Bosak. WHEREAS: This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 107 Forest Home Drive, Town of Ithaca Tax Parcel No.'s 66 -5 -11 and 66 -5 -12, Medium Density Residential Zone. The proposal involves subdividing off a +/- 4,624 square foot strip from the north edge Page 5 of 20 Planning Board Minutes of April 7, 2009 Approved of Tax Parcel No. 66 -5 -11 (107 Forest Home Drive), which will then be consolidated with Tax Parcel No. 66 -5 -12 (122 Judd Falls Road). There is no development or other physical changes planned as part of this project. Steven A. Gelber & Robin E. Tuttle, Owners /Applicants; David W. Gross, Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this uncoordinated environmental review with respect to Subdivision Approval, and 3. The Planning Board on April 7, 2009, has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, a survey map entitled "Survey Map, No. 107 Forest Home Drive, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, L. L. S. of T. G. Miller P.C. Engineers and Surveyors, dated March 5, 2009, and other application materials, and 4. 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 for the reasons set forth in the Environmental Assessment Form Part 11 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, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. PUBLIC HEARING Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 107 Forest Home Drive, Town of Ithaca Tax Parcel No.'s 66 -5 -11 and 66 -5 -12, Medium Density Residential Zone. The proposal involves subdividing off a +/- 4,624 square foot strip from the north edge of Tax Parcel No. 66 -5 -11 (107 Forest Home Drive), which will then be consolidated with Tax Parcel No. 66 -5 -12 (122 Judd Falls Road). There is no development or other physical changes planned as part of this project. Steven A. Gelber & Robin E. Tuttle, Owners /Applicants; David W. Gross, Agent. Chairperson Howe opened the public hearing at 7:17 p.m. and invited the public to address the Board. There being no one, he closed the public hearing at 7:18 p.m. Page 6 of 20 Planning Board Minutes of April 7, 2009 Approved With no discussion, Board Member Erb moved and Board Member Wilcox seconded the proposed resolution. Ms. Balestra noted the same change needed to be made to whereas number 2 as was made to the SEAR resolution. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-027.- Preliminary and Final Subdivision Approval, Gelber/Tuttle 2 -Lot Subdivision, 107 Forest Home Drive, Tax Parcel No. 66 -5 -11 MOTION made by Hollis Erb, seconded by Fred Wilcox. WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 107 Forest Home Drive, Town of Ithaca Tax Parcel No.'s 66 -5 -11 and 66 -5 -12, Medium Density Residential Zone. The proposal involves subdividing off a +/- 4,624 square foot strip from the north edge of Tax Parcel No. 66 -5 -11 (107 Forest Home Drive), which will then be consolidated with Tax Parcel No. 66 -5 -12 (122 Judd Falls Road). There is no development or other physical changes planned as part of this project. Steven A. Gelber & Robin E. Tuttle, Owners /Applicants; David W. Gross, Agent, and 2. This is a Type I Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on April 7, 2009, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part 11 prepared by the Town Planning staff, and 3. The Planning Board on April 7, 2009, has reviewed and accepted as adequate a survey map entitled "Survey Map, No. 107 Forest Home Drive, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, L.L.S. of T.G. Miller P.C. Engineers and Surveyors, dated March 5, 2009, and other application materials, and NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 107 Forest Home Drive as shown on the survey map entitled "Survey Map, No. 107 Forest Home Drive, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, L.L.S. of T. G. Miller P.C. Engineers and Surveyors, dated March 5, 2009, subject to the following conditions: Page 7 of 20 Planning Board Minutes of April 7, 2009 Approved a. 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 submission of a receipt of filing to the Town of Ithaca Planning Department, and b. Within six months of this approval, consolidation of the 4,624 square foot parcel (Parcel B) with Tax Parcel No. 66 -5 -12 (122 Judd Falls Road), and submission of evidence of such consolidation to the Town of Ithaca Planning Department. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. OTHER BUSINESS The Board discussed the possibility of hiring a consultant to examine and review the Verizon cell tower application using the funds in the applicant's escrow account. Board Member Erb stated that she has felt at the mercy of the Verizon Engineer with regard to the types of signals and how it relates to the signals' sight distance or footprint. Chairperson Howe agreed that hiring a consultant would provide the Board with more information from a neutral party. Board Member Erb added that it would be a service to the neighborhood that the Board took the extra step. Board Member Bosak thought Mr. Amato raised a number of questions that the Board was not in a position to answer, but were relevant questions. He favored hiring a consultant. Board Member Conneman expressed support for a consultant. Board Member Wilcox agreed. Chairperson Howe asked how the Board would proceed. Mr. Kanter responded that consultants would need to be identified. Chairperson Howe then asked if the Board needed to work within a specific timeframe. Attorney Brock explained that the Telecommunications Act requires the Board to act in a reasonable amount of time and not to have matters drag on inordinately. She did not think that the Board had been dragging its feet; the Board has asked for relevant and justifiable information, and it has taken Verizon a while to provide the requested information. Mr. Kanter explained that the consultant would be asked to review the materials submitted by the applicant and not to conduct an independent study. Page 8 of 20 Planning Board Minutes of April 7, 2009 Approved Board Member Erb wished that the Board was far enough along so that they knew something more actively about some of the other possible sites. Attorney Brock stated that Verizon needed to let the Board know if the sites are available. She felt that if the sites were not available then it wasn't worth having a consultant look at the sites. The consultant could do an analysis of the sites available and determined whether the special permit criteria have been met. Mr. Kanter hoped that Verizon would have the additional material the Board asked for at the next meeting. Attorney Brock suggested that the Board wait and see what is submitted by Verizon for the next meeting and what the rationale is for why certain sites are or are not available. She noted that Board members could talk to the County independently and find out if other County sites are available. The Board could then decide if the information being provided is adequate. Attorney Brock explained that if the Board does not have a reason to question the veracity of what Verizon is telling them, then the Board should be careful about statements they might make about their statements to the Board. Verizon needs to be treated as the Board treats all applicants. Mr. Kanter stated that staff would bring back all the information at the next meeting. AGENDA ITEM SEAR Determination: lacovelli 2 -Lot Subdivision, 227 & 231 Pennsylvania Avenue Chairperson Howe introduced the item and asked if the Board had any environmental concerns or questions regarding SEAR. Attorney Brock suggested changed to the Environmental Assessment Form. Changes were made to Paragraphs 8 and 11. Board agreed. Paragraph 8 was changed to read, 'The lot at 227 Pennsylvania Avenue will have insufficient depth and the house at 231 Pennsylvania Avenue will be too close to the side yard setback if the house has not been removed by the time of plat signing" and "No" was checked. Paragraph 11 was changed to read, "ZBA variances for lot depth and possibly side yard setback" and "Yes" was checked. With no further discussion, Board Member Wilcox moved and Board Member Erb seconded the proposed resolution. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-028: SEOR, Preliminary and Final Subdivision Approval, Lawrence lacovelli 2 -Lot Subdivision, 227 & 231 Pennsylvania Avenue, Tax Parcel No.'s 54 -5 -45 and 54 -5 -43 Page 9 of 20 Planning Board Minutes of April 7, 2009 Approved MOTION made by Fred Wilcox, seconded by Hollis Erb. WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 227 and 231 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.'s 54 -5 -45 and 54 -5 -43, High Density Residential Zone. The proposal involves subdividing off a section of Tax Parcel No. 54 -5 -43 which will be consolidated with Tax Parcel No. 54 -5 -45 to create two +/- 10,319 square foot lots. Lawrence and Trinna lacovelli, Owners /Applicants; Orlando lacovelli, Agent, 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 Subdivision Approval, and 3. The Planning Board on April 7, 2009, 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 map entitled "Survey Map — No. 227 & 231 Pennsylvania Avenue" dated 311812008, prepared by T.G. Miller P.C., 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, and 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 Il 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, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. PUBLIC HEARING Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 227 and 231 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.'s 54 -5 -45 and 54 -5 -43, High Density Residential Zone. The proposal involves subdividing off a section of Tax Parcel No. 54 -5 -43 which will Page 10 of 20 Planning Board Minutes of April 7, 2009 Approved be consolidated with Tax Parcel No. 54 -5 -45 to create two +/- 10,319 square foot lots. Lawrence and Trinna lacovelli, Owners /Applicants; Orlando lacovelli, Agent. Chairperson Howe opened the public hearing at 7:33 p.m. and invited the public to address the Board. With there being no questions from the public, Chairperson Howe solicited questions and comments from the Board. Board Member Bosak asked why the applicant was not maintaining the original Ithaca Land Company lot line. Board Member Wilcox was not sure that parcel A would meet the 9,000 square foot requirement if the original lot line was maintained. Mr. lacovelli added that he was attempting create equal square footage on each lot. Attorney Brock asked if there would be apartments in the basements of the houses. Mr. lacovelli responded that there would two bedrooms in the upstairs unit and two bedrooms in the downstairs unit. Chairperson Howe closed the public hearing at 7:37 p.m. Attorney Brock confirmed that no more than one family can occupy a dwelling unit in a two - family dwelling in the High Density Residential zone. She also reviewed square foot requirements for each dwelling unit. Chairperson Howe added that occupancy was not germane to the action before the Board, but to make sure that everyone understands occupancy. Board Member Wilcox hoped that the same square -box houses would not be built that Mr. lacovelli's relatives have been constructing. With no other questions or comments, Board Member Bosak moved and Board Member Erb seconded the proposed resolution. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-029: Preliminary and Final Subdivision Approval, Lawrence lacovelli 2 -Lot Subdivision, 227 & 231 Pennsylvania Avenue, Tax Parcel No.'s 54 -5 -45 and 54 -5 -43 MOTION made by Jon Bosak, seconded by Hollis Erb. WHEREAS: This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 227 and 231 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.'s 54 -5 -45 and 54 -5 -43, High Density Residential Zone. The proposal involves subdividing off a section of Tax Parcel No. 54 -5 -43 which will be consolidated with Tax Parcel No. 54 -5 -45 to create two +/- 10,319 square Page 11 of 20 Planning Board Minutes of April 7, 2009 Approved foot lots. Lawrence and Trinna lacovelli, Owners /Applicants; Orlando lacovelli, 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 Subdivision Approval, has on April 7, 2009, 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 II prepared by the Town Planning staff, and 3. The Planning Board on April 7, 2009, 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 map entitled "Survey Map — No. 227 & 231 Pennsylvania Avenue" dated 311812008, prepared by T.G. Miller P.C., and other application materials, and NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 227 and 231 Pennsylvania Avenue, as shown on the survey map titled "Survey Map — No. 227 & 231 Pennsylvania Avenue" dated 311812008, prepared by T.G. Miller P.C., subject to the following conditions: a. 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 submission of a receipt of filing to the Town of Ithaca Planning Department, and b. granting of the necessary lot depth variance for "Parcel A" by the Town of Ithaca Zoning Board of Appeals, prior to signing of the plat by the Chairman of the Planning Board, and C. either granting of the necessary side yard setback variance for the existing house on "Parcel B" by the Town of Ithaca Zoning Board of Appeals or demolition of the house on "Parcel B'; prior to signing of the plat by the Chairman of the Planning Board, and Page 12 of 20 Planning Board Minutes of April 7, 2009 Approved d. within six months of this approval, consolidation of the portion of Tax Parcel No. 54 -5 -43 with Tax Parcel No. 54 -5 -45 to create two +/- 10,319 square foot lots, and evidence of such consolidation to be submitted to the Town of Ithaca Planning Department. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. AGENDA ITEM SEAR Determination: Town of Ithaca Community Garden, West Hill Park off Conifer Drive Board Member Erb asked how the garden would be watered. Rich Schoch explained that Linderman Creek Apartments was going to allow the Town to collect water from their downspouts. He added that the Town is experimenting with the garden and ultimately if the garden is successful and there is interest in the future, then the Town would probably run a water service line. Board Member Erb confirmed that a water line was not part of the current proposal. Board Member Erb was concerned with getting water to the garden and where the tool shed and bench would be located. She commented that if the access to the garden takes the shorter route then it would also be shorter for the future water line. Board Member Bosak stated that there were a number of challenges for the garden: the walking distance, the boggy spots, getting water to the site, etc. He thought that part of the exercise was figuring out the challenges. Board Member Bosak expressed strong support of the project. Board Member Wilcox added that people were going to have to bring their own tools for the garden. Board Member Bosak was against putting unnecessary conditions on approval because he thought that part of the experiment was figuring out what does and does not work. Chairperson Howe agreed. Board Member Wilcox asked if the Board could discuss access. Mr. Walker explained that the location of the path is on the Town's easement from Conifer Village. The area is also mapped as a future Town road. The area does have wet areas in the spring time so the Town is proposing to mow the path for walking access. Wood chips could be put down along the path in areas that are really wet. The plan gives the Town access to the site on lands that the Town has permission to use. The water line easement provides emergency access, but it does not give the Town permission to use it as a walkway. Page 13 of 20 Planning Board Minutes of April 7, 2009 Approved Mr. Kanter did not see the wet area as a significant environmental issue; he saw it as a safety and ease of access issue. He stated that the Town might be able to approach Conifer for a license agreement to allow several uses that are not currently allowed on the water easement. Board Member Conneman assumed that the letter from Monica Pritchard solved the parking problem. Mr. Kanter thought that parking was something the Board needed to discuss. Conifer's letter indicated that six parking spaces would be made available for general use. Mr. Kanter added that Conifer would be willing to provide more parking spaces if the Board and Town thought it were necessary. Ms. Monica Pritchard came before the Board and expressed Conifer's support for the community garden. She stated that Conifer was willing to increase the number of parking spaces available. Ms. Pritchard went on to say that there is a lot of interest in the community garden among senior citizens and families. Board Member Bosak asked if access could be left open -ended in the resolution by stating the accesses available and allowing the Town to figure it out. Mr. Kanter suggested that language be added to the resolution stating that should the Town be able to work out an agreement with landowners, then alternate access could be provided. Mr. Walker suggested leaving the language regarding gate location open - ended in the resolution. Board Member Wilcox wanted to be careful and make sure that the Town was being treated the same as other applicants. Board Member Bosak said that was why he wanted to do something unusual and let some of the issues be figured out. With no further discussion, Board Member Erb moved and Board Member Conneman seconded the proposed resolution. Board Member Bosak noted that the tax parcels listed on the Environmental Assessment Form needed to be corrected. Board agreed to change. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009 -030: SEOR, Preliminary & Final Site Plan Approval, Town of Ithaca Community Garden, West Hill Park, Located Off of Conifer Drive, Tax Parcel No's. 27 -1- 13.15.27 -1 -11.5. and 27 -1- 13.162 MOTION made by Hollis Erb, seconded by George Conneman. WHEREAS: 1. This action is Consideration of Preliminary and Final Site Plan Approval for the proposed Community Garden project located at the Town of Ithaca West Hill Park off Conifer Drive between Mecklenburg Road (NYS Route 79) and Bundy Road, Town of Ithaca Tax Parcel No.'s 27- 1- 13.15, 27 -1 -11.5 and 27- 1- 13.162, Medium Density Residential Zone. The project involves the development of a 200'x 200' community garden on Town park land that will contain approximately Page 14 of 20 Planning Board Minutes of April 7, 2009 Approved 80 garden plots. The project will include the installation of an 8' high woven wire deer fence, a 6' wide mowed path from the end of Conifer Drive to the garden, and new landscaping and signage. Town of Ithaca, Owner /Applicant; Mamie Kirchgessner, Recreation & Youth Coordinator, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, on April 7, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by Town Planning staff, 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 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, neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. PUBLIC HEARING Consideration of Preliminary and Final Site Plan Approval for the proposed Community Garden project and a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for an off premise sign that is larger than allowed for a free standing sign in the Residential Zone, located at the Town of Ithaca West Hill Park off Conifer Drive between Mecklenburg Road (NYS Route 79) and Bundy Road, Town of Ithaca Tax Parcel No.'s 27 -1- 13.15, 27 -1 -11.5 and 27- 1- 13.162, Medium Density Residential Zone. The project involves the development of a 200' x 200' community garden on Town park land that will contain approximately 80 garden plots. The project will include the installation of an 8' high woven wire deer fence, a 6' wide mowed path from the end of Conifer Drive to the garden, and new landscaping and signage. Town of Ithaca, Owner /Applicant; Marnie Kirchgessner, Recreation & Youth Coordinator, Agent. Page 15 of 20 Planning Board Minutes of April 7, 2009 Approved Chairperson Howe opened the public hearing at 8:04 p.m. and invited the public to address the Board. There being no one, Chairperson Howe solicited questions from the Board. Board Member Wilcox stated that zoning allows a 4- square foot sign and the proposed sign is 6 square feet. He did not have a problem with the size of the sign or that it was an off - premise sign. Board Member Erb reiterated her concern of getting water to the garden. Mr. Walker responded that if the Town is able to drive on the pathway, the Town could bring the portable water tank to the site. He noted that there was also a spring area on the east side of the garden towards the woods, which may be a source of water. With no further discussion, Chairperson Howe closed the public hearing at 8:07 p.m. Board Member Wilcox moved and Board Member Erb seconded the proposed resolution. Attorney Brock suggested changes to conditions 2c and 2d. Condition 2c was changed to read, "Submission for review and approval of the Attorney for the Town of a license, easement agreement, or other agreement..." Condition 2d was changed to read, "Submission for review and approval of the Attorney for the Town of a license, easement agreement, or other agreement... the right to use up to 10 parking spaces..." Mr. Kanter suggested that another condition be added, 2f. Condition 2f read, "Alternative access to the garden may be provided utilizing the water main easement and across lands owned by Conifer provided that an appropriate license, easement or other agreement acceptable to the Attorney for the Town is provided." Board agreed to changes. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009 -031: Preliminary and Final Site Plan Approval and Recommendation to the Zoning Board of Appeals Regarding Sign Variances for an Off - Premises Sign, Town of Ithaca Community Garden, West Hill Park, Located Off of Conifer Drive, Tax Parcel No's. 27 -1- 13.15, 27 -1 -11.5 and 27 -1- 13.162 MOTION made by Fred Wilcox, seconded by Hollis Erb. WHEREAS: 1. This action is Consideration of Preliminary and Final Site Plan Approval for the proposed Community Garden project and a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for an off - premises sign that is larger than allowed for a free standing sign in the Residential Zone, located at the Town of Ithaca West Hill Park off Conifer Drive between Page 16 of 20 Planning Board Minutes of April 7, 2009 Approved Mecklenburg Road (NYS Route 79) and Bundy Road, Town of Ithaca Tax Parcel No.'s 27- 1- 13.15, 27 -1 -11.5 and 27- 1- 13.162, Medium Density Residential Zone. The project involves the development of a 200'x 200' community garden on Town park land that will contain approximately 80 garden plots. The project will include the installation of an 8' high woven wire deer fence, a 6' wide mowed path from the end of Conifer Drive to the garden, and new landscaping and signage. Town of Ithaca, Owner /Applicant; Mamie Kirchgessner, Recreation & Youth 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 has, on April 7, 2009, 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 11 prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on April 7, 2009, has reviewed and accepted as adequate a site plan for the proposed West Hill Park Community Garden, dated March 5, 2009, and prepared by Daniel P. Walker, P. E, a project narrative, date stamped received March 23, 2009, and prepared by Town of Ithaca staff, 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 proposed Community Garden project, as shown on the site plan for the proposed West Hill Park Community Garden, dated March 5, 2009, and prepared by Daniel P. Walker, P.E., and as described in a project narrative, date stamped received March 23, 2009, and prepared by Town of Ithaca staff, and other application materials, subject to the following conditions: a. Submission of one original set of the revised, final site plan drawing on mylar, vellum or paper, signed and sealed by the registered land surveyor(s), engineer(s), architects) or landscape architect(s) who prepared the site plan materials, to be retained by the Town of Ithaca, and b. Revision of the site plan drawing to show the location of the proposed portable toilet on the garden site, and Page 17 of 20 Planning Board Minutes of April 7, 2009 Approved C. Submission for review and approval of the Attorney for the Town of a license, an easement agreement, or other agreement between Conifer LLC and the Town of Ithaca granting to the Town of Ithaca the right for emergency vehicles to use the water main easement/gravel driveway to obtain access to the Community Garden site, and d. Submission for review and approval of the Attorney for the Town of a license, an easement agreement, or other agreement between Conifer LLC and the Town of Ithaca granting to the Town of Ithaca the right to use up to 10 parking spaces in the Conifer Village at Ithaca parking lot for use in conjunction with the Community Garden, and e. Submission for review and approval of the Director of Planning details of the proposed sign, including size, height, design and construction materials, and f. Alternative access to the garden may be provided utilizing the water main easement and across lands owned by Conifer provided that an appropriate license, easement or other agreement acceptable to the Attorney for the Town is provided. AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board, acting as the Town of Ithaca Sign Review Board, hereby recommends that the Zoning Board of Appeals approve the request for sign variances for the placement of an off - premises sign that is larger than allowed for a free standing sign in the Residential Zone. Such approval shall be subject to the following conditions: a. The applicant must obtain a sign permit for the proposed sign; and b. The size of the sign shall not exceed six square feet in area, nor shall the height of the sign exceed six feet from ground level. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. AGENDA ITEM Approval of Minutes: March 24, 2009 Board Member Bosak directed the Board's attention to page 3 of the minutes, second paragraph from the bottom. The sentence, "The scenario is someone who's operating Page 18 of 20 Planning Board Minutes of April 7, 2009 Approved the phone during the time when the 850 capacity is maxed out and has been hooked up to the 1900 —that person won't be able to connect" was changed to read, "...has not been hooked up... ". Board Member Bosak then referred the Board to Page 5, paragraph 2 from the bottom. He thought the statement sounded like his finding when his statement was based upon Verizon statements. He suggested the paragraph read, "Board Member Bosak stated that, according to Verizon's testimony, Verizon is required to cover a certain percentage..." Page 10, first full paragraph from the top, fourth sentence, the minutes state, "She reiterated her feeling that a real effort was made to find alternative sites and added that once a tower exists it becomes the main priority for other cellular providers." The sentence should read, "...that a real effort was not made to find..." Page 12, second full paragraph from the top, fourth sentence, "countries" should be "companies ". Board Member Bosak then brought up the possibility of Board Members submitting comments to the Clerk's Office for inclusion into the minutes as attachments. Board and staff discussed it and agreed it was a good idea. Board Member Wilcox moved and Board Member Conneman seconded approval of the minutes as revised. Chairperson Howe called for a vote — carried unanimously. PB RESOLUTION NO. 2009-032: Adopt Planning Board Minutes of March 24,200 Motion made by Fred Wilcox, seconded by George Conneman WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on March 24, 2009, Now, therefore, be it RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meetings on March 24, 2009. A vote on the motion was as follows: AYES: Howe, Conneman, Bosak, Erb, Wilcox. NAYS: None The motion declared to be carried unanimously. Other Business Page 19 of 20 Planning Board Minutes of April 7, 2009 Approved Board Members gave reports on the Comprehensive Plan Committee and the Planning Committee. Mr. Bates brought up that the East Hill Car Wash sign's variance had expired and the owner has applied for a sign variance. He asked if it needed to come back before the Planning Board for a recommendation. The Planning Board did not think it was necessary to come before them. Mr. Kanter gave a brief overview of the April 21, 2009 meeting. Adjournment Upon motion, Chairperson Howe adjourned the April 7, 2009 Planning Board meeting at 8:33 p.m. Respectfully Submitted, arrie Coa�Wh tmore First Deputy Town Clerk Page 20 of 20 TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, April 7, 2009 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Battistella 2 -Lot Subdivision, 1549 Slaterville Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 1549 Slaterville Road, Town of Ithaca Tax Parcel No. 56- 2 -1.2, Medium Density Residential Zone. The proposal involves subdividing off a ±/- 44,671 square foot (approximately 1 acre) portion from the existing +/- 1.6 acre parcel for the purpose of consolidating it with the adjacent Tax Parcel No. 56- 2 -1.1. The remaining +/- 26,232 square foot (0.6 acre) parcel will contain the existing residence. Nancy Battistella, Owner /Applicant. 7:15 P.M. SEQR Determination: Gelber / Tuttle 2 -Lot Subdivision, 107 Forest Home Drive. 7:15 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 107 Forest Home Drive, Town of Ithaca Tax Parcel No.'s 66 -5 -11 and 66 -5 -12, Medium Density Residential Zone. The proposal involves subdividing off a +/- 4,624 square foot strip from the north edge of Tax Parcel No. 66 -5 -11 (107 Forest Home Drive), which will then be consolidated with Tax Parcel No. 66-5 -12 (122 Judd Falls Road). There is no development or other physical changes planned as part of this project. Steven A. Gelber & Robin E. Tuttle, Owners /Applicants; David W. Gross, Agent. 7:30 P.M. SEQR Determination: Iacovelli 2 -Lot Subdivision, 227 & 231 Pennsylvania Avenue. 7:30 P.M. PUBLIC HEARING:. Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 227 and 231 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.'s 54 -5 -45 and 54 -5 -43, High Density Residential Zone. The proposal involves subdividing off a section of Tax Parcel No. 54 -5 -43 which will be consolidated with Tax Parcel No. 54 -5 -45 to create two +/- 10,319 square foot lots. Lawrence and Trinna Iacovelli, Owners /Applicants; Orlando Iacovelli, Agent. 7:45 P.M. SEQR Determination: Town of Ithaca Community Garden, West Hill Park off Conifer Drive. 7:45 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed Community Garden project and a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for an off premise sign that is larger than allowed for a free standing sign in the Residential Zone, located at the Town of Ithaca West Hill Park off Conifer Drive between Mecklenburg Road (NYS Route 79) and Bundy Road, Town of Ithaca Tax Parcel No.'s 27 -1713.15, 27 -1 -11.5 and 27- 1- 13.162, Medium Density Residential Zone. The project involves the development of a 200' x 200' community garden on Town park land that will contain approximately 80 garden plots. The project will include the installation of an 8' high woven wire deer fence, a 6' wide mowed path from the end of Conifer Drive to the garden, and new landscaping and signage. Town of Ithaca, Owner /Applicant; Mamie Kirchgessner, Recreation & Youth Coordinator, Agent. 10. Approval of Minutes: March 24, 2009. 11 Other Business: 12. 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, Apri17, 2009 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, April 7, 2009, 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 two -lot subdivision located at 1549 Slaterville Road, Town of Ithaca Tax Parcel No. 56- 2 -1.2, Medium Density Residential Zone. The proposal involves subdividing off a +/- 44,671 square foot (approximately 1 acre) portion from the existing +/- 1.6 acre parcel for the purpose of consolidating it with the adjacent Tax Parcel No. 56- 2 -1.1. The remaining +/- 26,232 square foot (0.6 acre) parcel will contain the existing residence. Nancy Battistella, Owner /Applicant. 7:15 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 107 Forest Home Drive, Town of Ithaca Tax Parcel No.'s 66 -5 -11 and 66 -5 -12, Medium Density Residential Zone. The proposal involves subdividing off a +/- 4,624 square foot strip from the north edge of Tax Parcel No. 66 -5 -11 (107 Forest Home Drive), which will then be consolidated with Tax Parcel No. 66 -5 -12 (122 Judd Falls Road). There is no development or other physical changes planned as part of this project. Steven A. Gelber & Robin E. Tuttle, Owners /Applicants; David W. Gross, Agent. 7:30 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 227 and 231 Pennsylvania Avenue, Town of Ithaca Tax Parcel No.'s 54- 5-45 and 54 -5 -43, High Density Residential Zone. The proposal involves subdividing off a section of Tax Parcel No. 54 -5 -43 which will be consolidated with Tax Parcel No. 54 -5 -45 to create two +/- 10,319 square foot lots. Lawrence and Trinna Iacovelli, Owners /Applicants; Orlando Iacovelli, Agent. 7:45 P.M. Consideration of Preliminary and Final Site Plan Approval for the proposed Community Garden project and a recommendation to the Town of Ithaca Zoning Board of Appeals regarding sign variances for an off premise sign that is larger than allowed for a free standing sign in the Residential Zone, located at the Town of Ithaca West Hill Park off Conifer Drive between Mecklenburg Road (NYS Route 79) and Bundy Road, Town of Ithaca Tax Parcel No.'s 27 -1- 13.15, 27 -1 -11.5 and 27- 1- 13.162, Medium Density Residential Zone. The project involves the development of a 200' x 200' community garden on Town park land that will contain approximately 80 garden plots. The project will include the installation of an 8' high woven wire deer fence, a 6' wide mowed path from the end of Conifer Drive to the garden, and new landscaping and signage. Town of Ithaca, Owner /Applicant; Mamie Kirchgessner, Recreation & Youth Coordinator, Agent. 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 hearing. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, March 30, 2009 Publish: Wednesday, April 1, 2009 ,% ,W, dnesday 2Apnl 1 200%� -THE MA JOURNAL E s Town of Ithaca Planning Board Sign -in Sheet Date: April 7, 2009 Print Name Address e-mail • y. 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 April 7 2009 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tio a Street. Date of Posting: March 30, 2009 Date of Publication: April 1, 2009 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this I" day of April 2009. C""' �� . Cam.., Notary Public CONNIE F. CLARK Notary Public, State of New York No. 01CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 ID