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HomeMy WebLinkAboutPB Minutes 2009-12-01FILE DATE REGULAR MEETING TOWN OF ITHACA PLANNING BOARD TUESDAY, DECEMBER 1, 2009 215 N. TIOGA STREET ITHACA, NEW YORK Present: Rod Howe, Chair; Board Members: Kevin Talty, Susan Riha, Jon Bosak, Fred Wilcox, Hollis Erb and Ellen Baer (Alternate) Absent: George Conneman Staff: Bruce Bates, Director of Code Enforcement; Susan Brock, Attorney for the Town; Creig Hebdon, Engineer; Jonathan Kanter, Director of Planning; Darby Kiley, Planner; Michael Smith, Environmental Planner; Kristin Taylor, Civil Engineer; Paulette Terwilliger, Deputy Town Clerk Persons to be Heard No one PUBLIC HEARING, SEAR, and Consideration of Preliminary and Final Site Plan Approval, Preliminary and Final Subdivision Approval and Special Permit for the proposed Slivers Medical Clinic located at 919 Elmira Road, Town of Ithaca Tax Parcel No. 35 -1 -9, Low Density Residential Zone. The proposal involves subdividing the +/- 3.56 acre property into two separate parcels, with the +/- 1.48 acre northern lot being developed for a dermatology clinic. The clinic will include the construction of a +/- 3,200 square foot building, 15 new parking spaces, and new landscaping. Kimberly Silvers M.D., Owner /Applicant; Michele A. Palmer, Agent. Kimberly Silvers, Owner; Michele Palmer, Agent and David Lipper, Builder were present to answer questions. Ms. Palmer gave an overview of the project stating that the owner had planned on having a home occupation; running her medical practice out of the house, but it was not going to work. Dr. Silvers would like to build a medical office next door to the house. Plans were looked at and discussed. The Board was concerned about the lights, and Mr. Smith noted that there are other light fixtures out there and the applicant was aware that they must meet the lighting law regulations. Board Member Erb was concerned about the large sycamore trees on the property and the applicant agreed to a condition in the resolution to protect those trees during construction. Board Member Talty was concerned about traffic and entering and exiting the property. Discussion followed. The area is well traveled and well known and there are other businesses in the area so travelers are conditioned for vehicles turning. There was some discussion regarding line of sight issues with any proposed signage. Final PB 12 -1 -2009 Page 2 of 8 ADOPTED RESOLUTION: PB RESOLUTION'NO': 2009' =100 SEAR„ Preliminary and Final Site Plan, Preliminary, .a d Final ' Subdivision & Special Permit Silvers Medical Clinic 919 Elmira, Road;i Tax Parcel No. 35 -1 -9 Town of Ithaca Planning Board, December 1, 2009 Motion made by Susan Riha, seconded by Hollis Erb. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval, Preliminary and Final Subdivision Approval and Special Permit for the proposed Silvers Medical Clinic located at 919 Elmira Road, Town of Ithaca Tax Parcel No. 35 -1 -9, Low Density Residential Zone. The proposal involves subdividing the +/- 3.56 acre property into two separate parcels, with the +/- 1.48 acre northern lot being developed for a dermatology clinic. The clinic will include the construction of a +/- 3,200 square foot building, 15 new parking spaces, and new landscaping. Kimberly Silvers M.D., Owner /Applicant; Michele A. Palmer, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in an uncoordinated environmental review with respect to Site Plan Approval, Subdivision Approval and Special Permit, and 3. The Planning Board, on December 1, 2009, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, drawings titled "Existing Conditions Plan" (sheet 10171), "Erosion and Sediment Control Plan" (sheet C101), "Layout Plan" (sheet C102), "Grading and Utility Plan" (sheet C103) and "Planting Plan" (sheet C104), all dated 11/02/09 and prepared by T.G. Miller, P.C., "Front Elevation" (page Al), "Rear Elevation" (page A2) and 1St Story Floor Plan" (page 3A), all three dated 10/26/09 and revised 10/29/09 and prepared by Icon - Legacy Custom Modular Homes, LLC, and "Subdivision Map Showing Lands of Kimberly J. Silvers" dated 10/15/2009 and 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 Site Plan Approval, Subdivision Approval and Special Permit; 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. Final PB 12 -1 -2009 Page 3 of 8 A:vote on. the motion was as follows: Ayes: Howe, Talty, Bosak, Baer, Riha, Erb and Wilcox Nays: None Chairman Howe opened the public hearing at 7:17 p.m. There was no one wishing to address the Board at that time. Chairman Howe left the public hearing open and brought the matter back to the Board. There was some discussion about the need for a sign and the fact that there was not a proposed sign included. The Board wanted to see details on coloring, size, and location prior to any approval. It was decided that the Board would consider preliminary site plan approval instead of preliminary and final so that the applicant could return with sign details. The Board also discussed the County's recommendation that the applicant consolidate the parcels. Dr. Silvers owns the parcel on which the house sits, the parcel next to it, and the parcel behind it. The recommendation is to consolidate the parcels which would eliminate some of the setback issues. The applicant stated that she had not considered exactly what she may want to do with the land but would think about it now. Discussion followed. The Board decided that since they were only considering preliminary site plan and special approval, the issue could be revisited at final site plan approval. Board Member Talty requested samples of construction materials. Motion made and seconded with changes made to reflect preliminary and special permit only and to protect the trees on the site. ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 -101 Preliminary Site Plan, Preliminary Subdivision and Special Permit Silvers Medical Clinic 919 Elmira Road Tax Parcel No. 35 -1 -9 Town of Ithaca Planning Board, December 1. 2009 Motion made by Kevin Talty, seconded by Ellen Baer. WHEREAS: 1. This action is consideration of Preliminary Site Plan Approval, Preliminary Subdivision Approval and Special Permit for the proposed Silvers Medical Clinic located at 919 Elmira Road, Town of Ithaca Tax Parcel No. 35 -1 -9, Low Density Residential Zone. The proposal involves subdividing the +/- 3.56 acre property into two separate parcels, with the +/- 1.48 acre northern lot being developed for a dermatology clinic. The clinic will include the construction of a +/- 3,200 square foot building, 15 new parking spaces, and new landscaping. Kimberly Silvers M.D., Owner /Applicant; Michele A. Palmer, Agent, and Final PB 12 -1 -2009 Page 4 of 8 2. This is an Unlisted Action for which the Town: of Ithaca Planning. Board, acting in'' an uncoordinated environmental review with respect. to the project has, 'on December 1, 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 a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on December 1, 2009; has reviewed and accepted as adequate, drawings titled "Existing Conditions Plan" (sheet 10F1), "Erosion and Sediment Control Plan" (sheet C101), "Layout Plan" (sheet C102), "Grading and Utility Plan" (sheet C103) and "Planting Plan" (sheet C104), all dated 11/02/09 and prepared by T.G. Miller, P.C., "Front Elevation" (page Al), "Rear Elevation" (page A2) and 1St Story Floor Plan" (page 3A), all three dated 10/26/09 and revised 10/29/09 and prepared by Icon - Legacy Custom Modular. Homes,. LLC, and "Subdivision Map Showing Lands of Kimberly J. Silvers" dated 10/15/2009 and prepared by T.G. Miller, P.C., and other application materials; NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed Silvers Medical Clinic project finding that the standards of Article XXIV Section 270 -200, Subsections A — L, of the Town of Ithaca Code, have been met, AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Subdivision Approval, as shown on the Preliminary Subdivision Checklist, having determined from -the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the proposed subdivision of the +/- 3.56 acre property into two separate parcels, with the +/- 1.48 acre northern lot being developed for a dermatology clinic at 919 Elmira Road, as described on the plat titled "Subdivision Map Showing Lands of Kimberly J. Silvers" dated 10/15/2009 and prepared by T.G. Miller, P.C., subject to the following conditions: a. submission of a shared driveway agreement between the two newly created properties for the driveway loop that provides access to the existing residence, for review and approval of the Attorney for the Town, prior to signing of the plat by the Planning Board Chairman, 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 Final PB 12 -1 -2009 Page 5 of 8 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, prior to the issuance of a building permit, C. granting of the necessary variances by the Town of Ithaca Zoning Board of Appeals, prior to final subdivision approval, and AND BE IT FURTHER. RESOLVED: That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary Site Plan Approval, as shown on the Preliminary Site Plan Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and, 2. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed construction of the Silvers Medical Clinic ( +/- 3,200 square foot building) at 919 Elmira Road, as described on the drawings titled "Existing Conditions Plan" (sheet 10F1), "Erosion and Sediment Control Plan" (sheet C101), "Layout Plan" (sheet C102), "Grading and Utility Plan" (sheet C103) and "Planting Plan" (sheet C104), all dated 11/02/09 and prepared by T.G. Miller, P.C., "Front Elevation" (page Al), "Rear Elevation" (page A2) and "1St Story Floor Plan" (page 3A), all three dated 10/26/09. and revised 10/29/09 and prepared by Icon - Legacy Custom Modular Homes, LLC, subject to the following conditions: a. submission of a revised Sheets C101 and C104 of the site plan drawings showing the protection of the southern most sycamore tree and identification of the 2nd and 3rd most northerly evergreens, and b. submission of additional details regarding the proposed outdoor lighting lanterns to show conformance with the Town's Outdoor lighting law (Chapter 173), or submission of cut sheets or other details for a different outdoor lantern that complies with the Outdoor Lighting Law, prior to final site plan approval, and c. submission of sign location and details for consideration by the Planning Board prior to final site plan approval. A vote on the motion was as follows: Ayes: Howe, Talty, Bosak, Baer, Riha, and Erb Nays: Wilcox The motion passed 6 to 1. Final PB 12 -1 -2009 Page 6 of 8 Consideration %of a sketch plan for the proposed 3 -lot subdivision at the Tompkins County Biggs, Complex located on Harris' B. Dates; Drive, Town of Ithaca, Tax Parcel No. 24 -3 -2.22, Low Density Residential Zone and Planned Development Zone No. 3. The proposal involves subdividing the +/- 37.4 acre parcel into three lots, where parcel 1 is approximately 9.4 acres and contains the existing Biggs B Building, parcel 2 consists of approximately 27 acres of undeveloped land, and parcel 3 is approximately .92 acres and contains an existing building known as K- house. Tompkins County, Owner /Applicant. Steve Flash, Deputy County Attorney and Edward Marx, County Planner were present. Mr. Flash gave an overview of the plan. Essentially they are looking to subdivide the property so Biggs B is separated off and to make it easier to sell the parcels and recoup some monies for the County. The parcel with the K -House will be retained by the County for some future use. The Board had questions about possible buyers and the _configuration(s) of the subdivisions. The County replied that negotiations are confidential and they could not speculate what a new owner would do. Consideration of Approval of 2010 Planning Board Meeting Schedule. ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 -102 Town of Ithaca Planning Board Schedule of Meetings - -- 2010 Town of Ithaca Planning Board Meeting December 1. 2009 MOTION made by Ellen Baer, seconded by Jon Bosak. RESOLVED, that the Town of Ithaca Planning Board adopt and hereby does adopt the following as its schedule of Regular Meetings for the Year 2010. Unless otherwise noted, all meetings will be held on the first and third Tuesday of each month, commencing at 7:00 p.m. and ending by 10:00 a.m. FIRST MEETING OF THE MONTH January 5, 2010 February 2, 2010 March 2, 2010 April 6, 2010 May 4, 2010 June 1, 2010 July 6, 2010 August 3, 2010 September 7, 2010 October 5, 2010 November 2, 2010 December 7, 2010 SECOND MEETING OF THE MONTH January 19, 2010 February 16, 2010 March 16, 2010 April 20, 2010 May 18, 2010 June 15, 2010 July 20, 2010 August 17, 2010 September 21, 2010 October 19, 2010 November 16, 2010 December 21, 2010 Final PB 12 -1 -2009 Page 7 of 8 A vote on the motion was as follows. -, Ayes: Howe, Talty, Bosak, Baer, Riha, Erb and Wilcox Nays: None The motion passed unanimously Consideration of a Recommendation to the Town Board Regarding Chairperson of the Planning Board for 2010. ADOPTED RESOLUTION PB RESOLUTION NO. 2009 — 103 2010 Planning Board Chair Recommendation to Town Board, Town of Ithaca Planning Board, December 1. 2009 MOTION made by Jon Bosak, seconded by Hollis Erb. RESOLVED, that the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox, III be appointed as Chair of the Planning Board for the year 2010. A vote on the motion was as follows: Ayes: Howe, Talty, Bosak, Baer, Riha, and Erb Nays: None Abstention: Wilcox The motion passed unanimously Approval of Minutes: October 20, 2009 and November 3, 2009. ADOPTED RESOLUTION: PB RESOLUTION NO. 2009 -104 Town of Ithaca Planning Board Approval of Minutes of October 20, 2009 Town of Ithaca Planning Board Meeting December 1, 2009 MOTION made by Hollis Erb, seconded by Fred Wilcox. RESOLVED, that the Town of Ithaca Planning Board hereby accepts the draft minutes of the October 20, 2009 regular meeting, with corrections, as the Final Minutes of the October 20, 2009 regular meeting. A vote on the motion was as follows: Ayes: Howe, Talty, Bosak, Baer, Riha, Erb and Wilcox Nays: None The motion passed unanimously Final PB 12 -1 -2009 Page 8of8 Other Business: Next meeting agenda was reviewed. Town Board Agenda regarding the Northeast was discussed. Proper routing of information received from residents and a request for a one -on -one meeting was discussed. Tree removal at Mr. Monkemeyer's property off 96B was discussed Christmas party invitation was mentioned. Board Member Erb reported that the AHDC is on schedule and under budget. Adjournment Meeting adjourned at 8:15 p.m. Respea,9911y submitted, r Paulette Terwilliger Deputy Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga' Street' Ithaca, New York 14850 Tuesday, December 1, 2009 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Silvers Medical Clinic, 919 Elmira Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval, Preliminary and Final Subdivision Approval and Special Permit for the proposed Silvers Medical Clinic located at 919 Elmira Road, Town of Ithaca Tax Parcel No. 35 -1 -9, Low Density Residential Zone. The proposal involves subdividing the +/- 3.56 acre property into two separate parcels, with the +/- 1.48 acre northern lot being developed for a dermatology clinic. The clinic will include the construction of a +/- 3,200 square foot building, 15 new parking spaces, and new landscaping. Kimberly Silvers M.D., Owner /Applicant; Michele A. Palmer, Agent. 7:20 P.M. Consideration of a sketch plan for the proposed 3 -lot subdivision at the Tompkins County Biggs Complex located on Harris B. Dates Drive, Town of Ithaca Tax Parcel No. 24 -3- 2.22, Low Density Residential Zone and Planned Development Zone No. 3. The proposal involves subdividing the +/- 37.4 acre parcel into three lots, where parcel 1 is approximately 9.4 acres and contains the existing Biggs B Building, parcel 2 consists of approximately 27 acres of undeveloped land, and parcel 3 is approximately .92 acres and contains an existing building known as K- house. Tompkins County, Owner /Applicant. 5. Consideration of Approval of 2010 Planning Board Meeting Schedule. 6. Consideration of a Recommendation to the Town Board Regarding Chairperson of the Planning Board for 2010. 7. Approval of Minutes: October 20, 2009 and November 3, 2009. Other Business: 9. 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, December 1, 2009 By direction of the Chairperson of the Planning Board, NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Board of the Town of Ithaca on Tuesday, December 1, 2009, at 215 North Tioga Street, Ithaca, N.Y., at the following time and on the following matter: 7:05 P.M. Consideration of Preliminary and Final Site Plan Approval, Preliminary and Final Subdivision Approval and Special Permit for the proposed Silvers Medical Clinic located at 919 Elmira Road, Town of Ithaca Tax Parcel No. 35 -1 -9, Low Density Residential Zone. The proposal involves subdividing the +/- 3.56 acre property into two separate parcels, with the +/- 1.48 acre northern lot being developed for a dermatology clinic. The clinic will include the construction of a +/- 3,200 square foot building, 15 new parking spaces, and new landscaping. Kimberly Silvers M.D., Owner /Applicant; Michele A. Palmer, 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, November 23, 2009 Publish: Wednesday, November 25, 2009 Wednesday, Nouernber 25, 2U09 The 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, December 1, 2009 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: November 23, 2009 Date of Publication: November 25, 2009 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 25`h day of November 2009. Notary Public .CONNIE F. CLARK Notary Public, State of New York No. 01 CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 ( D J .'