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HomeMy WebLinkAboutPB Minutes 2011-01-04FILE DATE � TOWN OF ITHACA PLANNING BOARD MEETING d- Tuesday, January 4, 2011 215 N. Tioga Street, Ithaca, NY 14850 Board Members Present: Members: George Conneman, John Beach, Jon Bosak, Kevin Talty, Rod Howe, Hollis Erb (acting chair), Ellen Baer (alternate) Staff Present: Susan Ritter, Director of Planning; Debra DeAugistine, Deputy Town Clerk; Christine Balestra, Planner; Mike Smith, Planner; Kristin Taylor, Engineer; Susan Brock, Attorney for the Town Call to Order Ms. Erb call led the meeting to order at 7:03 p.m. and accepted the posting of the public hearing notices. AGENDA ITEM Persons to be heard No one came forward to address the Board. AGENDA ITEM SEQR Determination: Phillips 2 -Lot Subdivision, 721 & 817 Elmira Road. Mr. Giordano gave a brief statement regarding the project. It is currently a six -acre property. The driveway of 721 Elmira Road is right on the property line, so they'd like to add 20 feet from the other property. The prospective buyer is in agreement. PB RESOLUTION No. 2011 -001: SEQR, Preliminary and Final Subdivision Approval, Phillips 2 -Lot Subdivision, 721 & 817 Elmira Road, Tax Parcel No.'s 35. -1 -12.2 & 35.-l-13 Moved by Kevin Talty; seconded by Rod Howe WHEREAS: This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivision located at 721 and 817 Elmira Road, Town of Ithaca Tax Parcel No's 35. -1 -12.2 & 35. -1 -13, Low Density Residential Zone. The proposal involves subdividing off a 20 +/- foot wide strip of land from the northeastern edge of 817 Elmira Road (Tax Parcel No. 35. -1- 12.2), and consolidating it with 721 Elmira Road (Tax Parcel No. 35.- 1 -13). Sybil S. Phillips and Doug Phillips, Owners /Applicants; Joseph G. Giordano, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting in this uncoordinated environmental review with respect to Subdivision Approval, and 3. The Planning Board, on January 4, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, a Part II prepared by the Town Planning staff, a survey map titled "Survey Map, No. 721 & 817 Elmira Road, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, Licensed Land Surveyor with T. G. Miller, P.C., and dated, 12/2/10, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: PB Minutes 01 -04 -2011 Page 2 of 13 That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance Ifor 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: Erb, Conneman, Beach, Baer, Bosak, Talty, Howe NAYS: None PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for , the proposed 2 -lot subdivision located at 721 and 817 Elmira Road, Town of Ithaca Tax Parcel No.'s 35 -1 -12.2 and 35 -1 -13, Low Density Residential Zone. The proposal involves subdividing off a 20 +/- foot wide strip from the northeastern edge of 817 Elmira Road (Tax Parcel No. 35 -1- 12.2), which will then be consolidated with 721 Elmira Road (Tax Parcel No. 35- 1 -13). Sybil S. Phillips and Doug Phillips, Owners /Applicants; Joseph G. Giordano, Agent. Ms. Erb opened the public hearing at 7:08 p.m. Hearing no one, Ms. Erb closed the public hearing at 7:10 P.M. PB RESOLUTION No. 2011 -002: Preliminary and Final Subdivision Approval, Phillips 2 -Lot Subdivision, 721'& 817 Elmira Road, Tax Parcel No.'s 35. -1 -12.2 & 35. -1 -13 Moved by Rod Howe; seconded by Kevin Talty WHEREAS: 1 This is consideration of Preliminary and Final Subdivision Approval for the proposed two -lot subdivisio i located at 721 and 817 Elmira Road, Town of Ithaca Tax Parcel No's 35. -1 -12.2 & 35. -1 -13, Low Density Residential Zone. The proposal involves subdividing off a 20 +/- foot wide strip of land from the northeastern edge of 817 Elmira Road (Tax Parcel No. 35. -1- 12.2), and consolidating it with 721 Elmira Road (Tax Parcel No. 35.- 1 -13). Sybil S. Phillips and Doug Phillips, Owners /Applicants; Joseph G. Giordano, Agent, and 2. The Planning Board on January 4, 2011, has reviewed and accepted as adequate a Short Environmental Assessment Form Part I, submitted by the applicant, a Part II prepared by the Town Planning staff, a survey map titled "Survey Map, No. 721 & 817 Elmira Road, Town of Ithaca, Tompkins County, New York," prepared by Lee Dresser, Licensed Land Surveyor with T. G. Miller, P.C., and dated, 12/2/10, and other application materials; 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 721 and 817 Elmira Road, Town of Ithaca Tax Parcel No.'s 35. -1 �112.2 & 35. -1 -13, as shown on the map titled "Survey Map, No. 721 & 817 Elmira Road, Town of Ithaca, Tompkins County, New York," subject to the following conditions: a. Submission, for signing by the Chairperson of the Planning Board, of an original or mylar copy of the revised plat, along with three dark -lined prints, prior to filing with the Tompkins PB Minutes 01 -04 -2011 Page 3 of 13 County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, and b. Consolidation of the 20 -foot wide strip on 817 Elmira Road (Tax Parcel No. 35. -1- 12.2), with 1721 Elmira Road (Tax Parcel No. 35.- 1 -13), and submission of a copy of the consolidation request to the Town of Ithaca Planning Department. A vote on the motion was as follows: AYES: Erb, Conneman, Beach, Baer, Bosak, Talty, Howe NAYS: None AGENDA ITEM Continuation of consideration of Acceptance of the Final Environmental Impact Statement (FEIS) for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2 -41.2, 26 -4 -37, 26 -4 -38, and 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 + /- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development will be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent. Fred Wells, Tim Miller Associates, attended via conference call. Present were David Parks, agent, and Mark Parker from Keystone Associates. Discussion centered on a memo from Mr. Wells outlining his planned FEIS edits in response to Ms. Balestra's comments of 12/14/10. Comment 2 -58 (regarding the vacancy rate at Overlook): Mr. Bosak requested a statement saying that the prices of the Holochuck units may shift downward, but they will not be low enough to be considered affordable. Mr. Wells agreed that the applicant would consider lower prices for units, depending on market, but do not expect to offer affordable housing. Comments fro the DOT, which the Planning Staff received at 5:27 p.m., were placed on the table and discussed. The applicant agreed to clarify items they plan on doing that DOT didn't seem to be aware of. Trafffic Left turning lane (southbound into the main access drive): Mr. Wells noted that they will discuss how to respond to the DOT. Mr. Parks had a question about when these items need to be addressed: right now as part of the SEQR process or later when the application is handed to DOT for construction. Ms. Brock responded that the Board can address these comments in their findings by stating that the DOT will be forthcoming with more requirements. Since it fronts onto the state highway, tho applicant won't get permits unless they meet the DOT requirements. Regarding the DOT comment about reserving a strip of land along Route 96 just in case a turn signal is warranted, the applicant doesn't own it. It may become an issue when Cornell tries to develop the property on the other side of the road. PB Minutes 01 -04 -2011 Page 4 of 13 Synchro analysis: Mr. Bosak said that the time it takes to get through each signal doesn't have anything to do with how long it takes to get through the string of them as a unit. Mr. Wells responded that that's what the Syncho model does: studies the synchronization, or lack of, with intersections that are close to one another and are signalized. It provides data on each intersection for delays and turning movements. They do riot calculate how long it takes to get through the entire string; it crunches the data as a whole and produces data for each individual signal. Mr. Bosak commented that the Board is using these figures to find the impact of this development on the level of service, and wondered what the effect of increased traffic will be on the mess at the bottom of the hill. Ms. Brock responded that we know the effect on each intersection, but we don't know what route people are taking, so you can't come up with an analysis that says how long it will take to get through the mess because everyone's path is different. Mr. Wells added that, theoretically, if you add up the three figures you will get the total time through all three. Ms. Brock wanted to discuss approvals contingent on the applicant paying their share should the DOT require a signal or roundabout. The Town should not be in the position to bear the entire expense after it accepts dedication of the road. Mr. Parks agreed and stated that the applicant would need an escrow arrangement; he acknowledged that if a traffic signal were warranted now, they would have to pay their fair share. With Cornell's proposal (conceptually), the applicant can come up withla fair percentage. Ms. Brock stated that the FEIS needs to acknowledge the applicant's or homeowners' responsibility for this share of the cost should it be required in the future and that funding mechanisms will be further explored. Details can be worked out later. To a question 'Ifrom Mr. Bosak about procedure, Mr. Wells stated that their goal is to provide a red -lined change document in two weeks, which would be in time for the meeting of February 1. SEQR Determination: Belle Sherman Cottages, Mitchell Street. Toby Millman, !Agora Homes, gave a presentation. Sara Hymes, 1120 Vine Street, requested that, if possible, it be written into the homeowner's agreement that the units be owner - occupied. Otherwise, parents of Cornell students will buy them and this rental Will go on in perpetuity. Ms. Brock respi Development Z to restrict occur consider the lay what happens t owners going o in. In the past, t requiring owner Mr. Conneman otherwise, in a permits the Bo, as an example, that area. nded that the simplest way to accomplish that would be if the Planned ine language imposed this requirement. If the Planning Board thinks it's important incy to owners, they can request that the Town Board consider this as they Regarding suggested exceptions to owner occupancy, Ms. Brock questioned the law once you provide for the exceptions. She gave examples, such as the sabbatical, taking in a border, or charging rent to a grown child who moves back e codes and Ordinances Committee decided that they would not recommended occupancy. uggcsted the Board require it in the homeowner's association language; sort period of time, the development will be filled with student rentals. The SEQR J to reject something because of the social impact. He provided Honness Lane ind the difficulty the Code Enforcement Department had enforcing Town laws in PB Minutes 01 -04 -2011 Page 5 of 13 Mr. Millman stated that they are sensitive to the issue and realize how these neighborhoods can change. He disagreed that these particular homes will become student rentals because the price - point of the homes (above the average home in Belle Sherman) will make it difficult for someone to make it work financially as a rental. The existing homes in Belle Sherman that are small and less expensive are more likely to be used as rentals. He does not believe that this project will be the catalyst for Belle Sherman becoming a rental zone. This project should be a stabilizing point because of this. At issue is that a home buyer will have enormous difficulty getting a mortgage on such a property because lenders want to know that there's a viable alternative. It would be a deal killer for home buyers and for himself, since it would be difficult for people to get mortgages under such a condition. He thinks that there are enough protections in place for this project to discourage them being used as rentals. If someone is given the choice of buying the $200,000 house or the much more expensive house as a rental, they will buy the less expensive home, knowing how, hard students are on houses. The project would not be feasible with this restriction. Ms. Brock stated that the way the PDZ is written, each dwelling can have a family and a boarder. A family can be two unrelated people who live and cook together and function as a single unit. Ms. Erb stated that the issue is the illegal rental that exceeds Town law. The Board can't hold developers responsible for the illegal actions of someone else. Mr. Bosak stated that he is sensitive to the issue, too, but from another direction. He wasn't aware that the Town had a policy of discouraging the development of housing for rental. As a person who has spent the majority of his life renting, he resents the implication that he's a low- life. If the prokIlem is with the behavior of students renting, the way to address the issue is by having laws against that behavior. Ms. Erb commented that the Tompkins County needs assessment pointed out the need for rentals. She and Mr. Talty agreed that this is more an issue of enforcement of the Town code. Ms. Brock noted that a few years ago, the Town had a big problem with noise on South Hill from IC students in rental homes. The Town revised its noise ordinance and worked closely with the Sheriff's office � The Town Supervisor, who was in the audience, concurred that complaints are essentially nonexistent. Ms. Erb suggested that the homeowner's association bylaws state that all residents and homeowners in', the project will be sent an annual reminder of the Town's occupancy laws. Mr. Millman agreed to use some form of confirmed communication tied to when they have to pay their dues. I Mr. Conneman agreed that writing something into the homeowner's association bylaws regarding enforcement of (Town laws is important. Mr. Talty asked Mr. Millman what would happen if the market tanks and he has to drop his selling price; he suggested that a lower price would increase the likelihood of buying to rent. Mr. Millman responded that homes will be built as they're sold, so they won't be in a situation where there are 20 unsold homes. In the unlikely event that the houses don't sell, he would have to come back to the Board with a redesign for a lower price point. Empty lots are the developer's risk. Mr. Beach stated that while he shares the concerns of residents in the area, he also takes issue with the assumption that renters are only students; as a 63 -year old, he would not want to be PB Minutes 01 -04 -2011 Page 6 of 13 prevented from renting a home in this neighborhood. He said that enforcement is the key, and cited past problems on South Hill and in College Town neighborhoods. Problems were brought under near complete control in part because non - student residents came together and worked with the Sheriff's Department to make sure laws were enforced. Mr. Bosak had comments regarding environmental cleanup. They tested only for organic compounds,l� but since this was a historically industrial -use site, there is every reason to believe there could be a vast array of inorganic compounds. Mr. Talty agreed, noting that lending institutions ask for that kind of testing. Mr. Millman desponded that the environmental engineer made a determination that Phase II would be necessary since there was reason to believe there might have been contamination. He was not surelwhy they selected certain types of compounds to test for, but it was likely based on the previous use of the site — an asphalt plant. The study was done by a reputable environmental consulting firm, managed by a reputable law firm, and reviewed by the DEC. Mr. Millman stated that there is no record of any use prior to the asphalt plant. All the tanks were above ground. They found one hot spot and there's a DEC work plan to clean it up. Ms. Erb commented that there is no evidence that it was ever used as a dump site, for example, and that she is willing to go with a reputable company and oversight of the DEC. Mr. Bosak stated that if everyone else is comfortable, he is willing to go with it. Ms. Brock commented that the remedial work plan does not give any specificity as to how many samples will be taken and over what period of time. Mr. Millman did not know the answer, but said the plan was put forward and approved by the DEC. David Orr, 1241 Vine Street, pointed out an error, saying that there is an underground tank on the property and that it was the site of a brick plant. There was a discussion about Vine Street. It's a privately owned lane, and everyone uses it only at the goodwill of the applicant. Board members Erb and Bosak were confused by letters from neighbors. Thel comments appear to be about Mr. Millman's previous plan to turn it into a street, particularly with, regard to increasing traffic. Mr. Millman's preference was to deed over the section of Vine Street adjacent to the Vine Street neighbors, giving it to them at the transactional cost of $1000 per owner. Mr. Millman said this offer is still up in the air. The townhouses are the only component of the project that would theoretically use Vine Street, and only for those traveling westbound on Mitchell. The traffic study calculates that, worst case, this would generate two peak hour trips per day -- one car in morning and one in evenina. To a question from Ms. Erb regarding truck routes, Mr. Millman responded that modular home companies have) said it will require only four trips per home. Modular homes require much less traffic. They will always come in from Mitchell Street. Ms. Erb requested that they limit the wide - load trucks to no hours. To a concern of Mr. Bosak's regarding not installing the play area until Phase II, Mr. Millman responded that there will be lots of construction activity in close proximity to the area, which would be a hazard. Carol Kalafatic, 8'I 5 Mitchell Street, immediately across the street from the development, had a question on the vegetative buffer that she does not see in the plan. PB Minutes 01 -04 -2011 Page 7 of 13 Mr. Milman ;responded that the stormwater management area is retained by a low wall. Although they can't vegetate the stormwater area, there is heavy vegetation planned along the slope up to the rear of the homes. The depressed area is not a pond, but is covered in grass. The wall is four feet at the corner of Vine and Mitchell and tapers down at either end. Right now, there's heavy vegetation at the corner, so site distances are currently worse for people pulling out onto Mitchell. PB RESOLUTION No. 2011 -003: SEOR, Preliminary Site Plan, Preliminary Subdivision, and a Recommendation to the Town Board Regarding the Proposed Rezoning, Belle Sherman Cottages, Tax Parcel No.'s 63 -2 -10.3, 59 -1 -1, 59 -1 -2, 59 -1 -3 and 59 -1 -4 Moved by Road Howe; seconded by Kevin Talty WHEREAS: This action is consideration of Preliminary Site Plan Approval and Preliminary Subdivision Approval for the proposed Belle Sherman Cottages project located on Mitchell Street, Town of Ithaca Tax Parcel No.'s 59 -1 -1, 59 -1 -2, 59 -1 -3, 59 -1 -4 and 63 -2 -10.3, High Density Residential Zone. The proposal involves the development of 19 single - family houses and 10 attached townhouse units on 3.1 +/- acres. The proposal will involve a new private road between Worth Street and Clover Lane, new stormwater facilities, a play area, landscaping, sidewalks, land a new connection to the East Ithaca Recreation Way. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of the property from High Density Residential to a new Planned Development Zone. Susan J. an, d Harold Mix, Owners; Agora Homes and Development, LLC, Applicants, 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 the project, and 3. The Planning Board, on January 4, 2011, has reviewed and accepted as adequate a Long Environmental Assessment Form (LEAF) Part I, submitted by the applicant, and Part II prepared bye Town Planning staff, drawings titled "Cover" (Sheet 000), dated December 3, 2010; "Topographic Map" (Sheet 1), dated 07/24/09, prepared by T.G. Miller, P.C.; "Preliminary Plat Plan" (Sheet L001), "Layout Plan" (Sheet L201), "Photometric Plan" (L202), "Grading Plan" (Sheet L301), "Planting Plan" (Sheet L401), "Site Details" (Sheet L501), "Illustrative Perspective Views" (Sheet L502), dated December 3, 2010 and prepared by Trowbridge & Wolf; "Utility Plan" (Sheet 1) and "Erosion & Sediment Control Plan" (Sheet 3), and "Road Profile" (Sheet 4), dated November 2010 and prepared by O'Brien & Gere; "Clover Lane Bungalow" (Sheets 1 and 2), "Clover Lane: Bungalow Alternatives ", "Clover Lane Farmhouse Ili (Sheets 1 and 2), "Clover Lane Farmhouse" (Sheets 1 and 2), "Clover Lane — Farmhouse Alternatives ", dated 8/23/2010 and prepared by Allison Ramsey Architects, Inc.; and "Clover Lane Townhouse A" (Sheets Al, A2, A3 and A4), dated 11/20/10 and prepared by Allison Ramsey Architects, Inc., and other application materials, and 4. The Town PI'anning staff has recommended a negative determination of environmental significance with respect to the proposed project; 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 Yo k State Environmental Quality Review for the above referenced actions as proposed, based on the information in the LEAF Part I and for the reasons set forth in the LEAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. PB Minutes 01 -04 -2011 Page 8 of 13 A vote on the motion was as follows: AYES: Erb, Beach, Baer, Bosak, Talty, Howe NAYS: Conneman PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and Preliminary Subdivision Approval for the proposed Belle Sherman Cottages project located on Mitchell Street, Town of Ithaca Tax Parcel No.'s 59 -1 -1, 59 -1 -2, 59 -1 -3, 59 -1 -4 and 63 -2 -10.3, High Density Residential Zone. The proposal involves the development of 19 single - family houses and 10 attached townhouse units on 3.1 +/- acres. The proposal will involve a new private road between Worth Street and Clover Lane, new stormwater facilities, a play area, landscaping, sidewalks, and a new connection to the East Ithaca Recreation Way. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of the property from High Density Residential to a new Planned Development Zone. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants Ms. Erb opened the public hearing at 9:42 p.m. Garret Blalocki, 210 Cobb Street, noted that he has been in contact with City Councilman Ellen McCollister, who could not come to the last three meetings. They have been in contact with the Ithaca City Department of Public Works regarding installation of stop signs going east/west on Worth Street. Ms. McCollister said that if the Town could include somewhere in their document a recommendation that the City consider stop signs and /or a similar traffic calming measure, this would help them�l facilitate seeing this through to fruition. It's an opinion from one municipality to another. The Board ag Mr. Blalock also stated that he lives two blocks from the university and has students living on all sides of him. They deal with student issues through the zoning process, including writing letters to the City. He offered to work through this process with his neighbors; he feels it is not fair to put owner - occupancy as a special condition onto this developer — it's a problem everywhere. Mr. Orr noted that the Town Board changed the zoning in 2003, and he pointed out that they have never used the High- density zoning, so it has never been tested. Now they are changing it again to make it more dense. He thinks it's too dense — it's denser than Maplewood and Fall Creek, based on both area covered and square feet per acre. It doesn't match the Belle Sherman neighborhood that it is supposed to match. According to Real Property Law Section 335 -a, Vine Street is a highway; it may not be publicly maintained, but the people on the road have an easement of necessity. It cannot be anything but a road. It will continue to be used by walkers and drivers. He guaranteed that it will see a greater increase in traffic than predicted because it will have better sight distances than Clover Lane for people coming from East Hill. The problem is in their feeling of safety. He also said that he is opposed to sidewalks in the whole area. He walks in the street and sees no problem and thinks it would be better to make streets narrower. Mr. Talty disagreed that sidewalks are not needed: with a speed limit of 30 mph, it is especially not safe for children or people with baby carriages. He asked Mr. Orr what his current position is regarding the applicant's offer to deed Vine Street over. I PB Minutes 01 -04 -2011 Page 9 of 13 Mr. Orr responded that he is not interested, because this will not increase his value, but it will increase his liability. It is not the job of the Town to guarantee that the developer make money; it's the job of the Town to serve all the people in the Town. He thinks that Mr. Millman will have a problem selling these properties. He does not think this particular use of the property will be in the best interest, of all residents in the long term. Mr. Millman 'responded to Mr. Orr's comment on density. Based on the criteria Mr. Millman used — units per ac �e — Maplewood is denser. The discussion was whether this development would fit into the character of the neighborhood. It is denser than Belle Sherman, but less dense than Maplewood. The comparison to Fall Creek is based on comparing lots, but not on whether this developmentlis exactly the same density. Linda Caughey, 125 Pearl Street, requested a speed bump be installed before traffic emerges onto Worth Street from the new road. Noah Demarest responded that a raised intersection at the inside curve of the interior road is planned. There will be a stop sign at the corner going out of the development. It is not shown on the site plan. The Board discussed requiring this as part of site plan approval. There was discussion about turning Vine Street into a Town -owned road. Aside from the cost issues, the general opinion was that this would increase speed and traffic. When asked, Ms. Taylor said that the Public Works Department does not want to take over any more roads. Ms. Erb close0he public hearing at 10:06 p.m. Regarding a question from Mr. Smith regarding minimum distance between buildings, Mr. Millman said that they are applying for a variance from the State, and will have a hearing on Friday. The distance between homes (10 feet) will be met, but the distance between the structure and the property line will; not be met. Ms. Brock requested clarity on the following items: • Lights: they will be privately owned and maintained. • Utility plan: the existing sewer connects to the Maplewood apartments, but the applicant will need a new easement. The line runs from Maplewood through the site to Vine Street. They propose tying the existing line into the new sewer line that will run down the new private street and abandoning the section from the new private drive to Vine Street. PB RESOLUTION No. 2011 -004: Preliminary Site Plan, Preliminary Subdivision, and a Recommendation to the Town Board Regarding the Proposed Rezoning, Belle Sherman Cottages, Tax Parcel No.'s 63 -2 -10.3, 59 -1 -1, 59 -1 -2, 59 -1 -3 and 59 -1 -4 Moved by Rod Howe; seconded by Kevin Talty WHEREAS: This action is consideration of Preliminary Site Plan Approval and Preliminary Subdivision Approval for the proposed Belle Sherman Cottages project located on Mitchell Street, Town of Ithaca Tax Parcel No.'s 59 -1 -1, 59 -1 -2, 59 -1 -3, 59 -1 -4 and 63 -2 -10.3, High Density Residential Zone. The proposal involves the development of 19 single - family houses and 10 attached townhouse units on 3.1 +/- acres. The proposal will involve a new private road between Worth Street and Clover Lane, new stormwater facilities, a play area, landscaping, PB Minutes 01 -04 -2011 Page 10 of 13 sidewalks, and a new connection to the East Ithaca Recreation Way. The Planning Board will also bed ;considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of the property from High Density Residential to a new Planned Development Zone. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants, and 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 January 4, 2011, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Long 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 January 4, 2011, has reviewed and accepted Ias adequate, drawings titled "Cover" (Sheet 000), dated December 3, 2010; "Topographic Map" (Sheet 1), dated 07/24/09, prepared by T.G. Miller, P.C.; "Preliminary Plat Plan (Sheet L001), Layout Plan (Sheet L201), Photometric Plan (L202), Grading Plan (Sheet L301), "Planting Plan" (Sheet L401), "Site Details" (Sheet L501), "Illustrative Perspective Views" (Sheet L502), dated December 3, 2010 and prepared by Trowbridge & Wolf; "Utility Plan" (Sheet 1) and "Erosion & Sediment Control Plan" (Sheet 3), and "Road Profile" (Sheet 4), dated November 2010 and prepared by O'Brien & Gere; "Clover Lane Bungalow" (Sheets 1 and 2), "Clover Lane: Bungalow Alternatives ", "Clover Lane Farmhouse II" (Sheets 1 and 2), "Clover Lane Farmhouse" (Sheets 1 and 2), "Clover Lane — Farmhouse Alternatives ", dated 8/23/2010 and prepared by Allison Ramsey Architects, Inc.; and "Clover Lane Townhouse A" (Sheets Al, A2, A3 and A4), dated 11/20/10 and prepared by Allison Ramsey Architects, Inc., and other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Preliminary Subdivision Approval for the proposed Belle Sherman Cottages project located on Mitchell Street, as described in the drawings listed above, subject to the following conditions: a. submission of the final subdivision plat, including all requirements on the Final Subdivision Checklist prior to Final Subdivision Approval, and b. upon issuance of Final Subdivision Approval, submission for signing of one original or mylar copy, and three dark -line prints of the final plat by the Planning Board Chair, said plat to be (filed in the Tompkins County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, prior to the issuance of any building permits, and C. submission of draft documents regarding the creation, operation and responsibilities of a home owners association or similar entity to own and maintain the private road, recreational facilities, stormwater facilities, lighting facilities, and any other common facilities or lareas, and to provide annual written notices to owners and residents in the subdivision of the Town of Ithaca's then - current occupancy requirements and noise laws, satisfactory Ito the Attorney for the Town, prior to final subdivision approval, and BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the Belle Sherman Cottages project located on Mitchell Street, as described in the drawings listed above, subject to the following conditions: PB Minutes 01 -04 -2011 Page 11 of 13 a. approval by the Town Board of the concept and locations of the sanitary sewer mains and water mains and the associated easements, following the recommendation of the Town's Public Works Committee, prior to Final Site Plan Approval, and b. submission of record of application for and proof of receipt of all necessary permits from county, state, and/or federal agencies, prior to the issuance of any certificates of occupancy for any houses, and c. approval by the Town Board of the new Planned Development Zone for this project, prior to Final Site Plan Approval, and d. submission of a final complete landscape plan for the property, including the final shrub plan, prior to Final Site Plan Approval, and e. the demolition of the existing structure on the property will require a permit from the Town's Code Enforcement Office, prior to any work occurring on the structure, and f. a truck hauling plan(s) is to be provided regarding the removal of the demolition material, the re I oval of the excavation material, delivery schedules limiting wide -load truck deliveries of modules to times between 9 a.m. to 4 p.m., Monday through Thursday, and 9 a.m. to l3 p.m. on Fridays, and the delivery route during construction, for review and approval of the Town's Public Works Department, prior to any work occurring on the site, and 0 h submiss ion of details showing types and locations for any traffic signage proposed for the ate road, prior to Final Site Plan Approval, and m of the final Stormwater Pollution Prevention Plan and associated drawings, for id approval by the Town of Ithaca Public Works Department, prior to Final Site roval, and of a stormwater "Operation, Maintenance, and Reporting Agreement' between owner and the Town of Ithaca, satisfactory to the Attorney for the Town and Ithaca Public Works Department, prior to issuance of any building permits for and of drainage easements, maintenance schedules / agreements, and /or deed or other legally sufficient mechanisms for all lots containing stormwater itisfactory to the Attorney for the Town and the Town of Ithaca Public Works t, prior to issuance of any building permits for any houses, and of draft sanitary sewer and water main easements, satisfactory to the Attorney i and the Town of Ithaca Public Works Department, prior to final subdivision id proof of receipt of the necessary curb cut permit(s) from Tompkins County Mitchell Street, prior to any site work, and e necessary approvals of the Tompkins County Health Department on the 'ding the realty subdivision, prior to signing of the plat by the Planning Board PB Minutes 01 -04 -2011 Page 12 of 13 n. submission of construction details of all proposed structures, roads, water /sewer facilities, stormwater management, and other improvements, prior to Final Site Plan Approval, and o. submission of a plan for applicant - provided improvements of the crosswalk at Vine Street and Mitchell Street, including the possible reorientation of the crosswalk and the possible installation of new, more visible pedestrian warning signs, prior to Final Site Plan Approval, val, and p. submission of draft easements or other legally binding documents showing that public access to the sidewalks, parkland, and connection points to the East Ithaca Recreation Way will be provided and maintained, satisfactory to the attorney for Town and the Town of Ithapa Public Works Department prior to final subdivision approval, and q. submission of evidence that the New York State Department of Environmental Conservation has determined that the approved remedial work plan, dated March 2010, and any DEC - approved revisions to the work plan, have been completed prior to commencement of site work, and BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board enact the proposed Local Law Amending Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provided a Planned Development Zone for the Belle Sherman Cottages Project. A vote on the motion was as follows: AYES: Erb, Conneman, Beach, Baer, Bosak, Talty, Howe NAYS: None AGENDA ITEM I PB RESOLUTION No. 2011 -005: Nomination and Election, Planning Board Vice Chairperson 2011 Moved b Rod Howe; e; seconded b Kevin T y I , y alts RESOLVED, that t i e Town of Ithaca Planning Board does hereby nominate and elect Hollis Erb as Vice Chairperson of the Planning Board for the year 2011. FURTHER RESOLVED, that said election shall be reported to the Town Board. A vote on the motion) was as follows: AYES: Conneman, Beach, Bosak, Baer, Talty, Howe NAYS: None ABSTENTIONS: Erb AGENDA ITEM PB RESOLUTION No.�2011 -006: Minutes of December 7, 2011 PB Minutes 01 -04 -2011 Page 13 of 13 Moved by Rod Howe, seconded by Kevin Talty WHEREAS,I the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on December 7, 2010; now, therefore, be it RESOLVED,I that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting on December 7. AYES: Erb, C'onneman, Beach, Bosak, Talty, Howe NAYS: None AGENDA ITEM Meeting of January 18, 2011 • College lCircle Final Approval • Discussion of Scenic Resources Inventory Adjournment Upon a motion by Hollis Erb, the meeting adjourned at 10:55 p.m. Respectfully submitted, ra DeAugistiN Deputv Town TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, January 4, 2011 AGENDA 7:00 P.M. Persons t o be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Phillips 2 -Lot Subdivision, 721 & 817 Elmira Road. 7:05 P.M. PUBLICIHEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 721 and 817 Elmira Road, Town of Ithaca Tax Parcel No.'s 35 -1 -12.2 and 35 -1 -13, Low Density Residential Zone. The proposal involves subdividing off a 20 +/- foot wide strip from the northeastern edge of 817 Elmira Road (Tax Parcel No. 35 -1- 12.2), which will then be consolidated with 721 Elmira Road (Tax Parcel No. 35- 1 -13). Sybil S. Phillips and Doug Phillips, Owners/Applicants; Joseph G. Giordano, Agent. 7:10 P.M. Continuation of consideration of Acceptance of the Final Environmental Impact Statement (FEIS) for the proposed Holochuck Homes Subdivision, located between NYS Route 96 (Trumansburg Road) and NYS Route 89 (Taughannock Boulevard), Town of Ithaca Tax Parcel No.'s 24- 3 -3.2, 25- 1 -5.1, 25 -2 -41.2, 26 -4- 37,26-4-3 8, hand 26 -4 -39, Low Density Residential Zone, Medium Density Residential Zone, and Conservation Zone. The proposal involves the construction of 106 + /- town home type units in a clustered neighborhood development with two entrances proposed from NYS Route 96 (Trumansburg Road). The development ill be concentrated on the west side of the property closest to NYS Route 96, zoned Low and Medium Residential, with more than half of the eastern portion of the property, mainly zoned Conservation, remaining undeveloped. The New York State Office of Parks, Recreation, and Historic Preservation proposes to acquire most of the eastern portion of the property in conjunction with development of the future Black Diamond Trail. Holochuck Homes LLC, Owner /Applicant; David M. Parks, Esq., Agent. 8:00 P.M. SEQR Determination: Belle Sherman Cottages, Mitchell Street. 8:00 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval and Preliminary Subdivision Approval for the proposed Belle Sherman Cottages project located on Mitchell Street, Town of Ithaca Tax Parcel No.'s 59 -�1 -1, 59 -1 -2, 59 -1 -3, 59 -1 -4 and 63 -2 -10.3, High Density Residential Zone. The proposal involves the development of 19 single - family houses and 10 attached townhouse units on 3.1 +/- acres. The proposal will involve a new private road between Worth Street and Clover Lane, new stormwater facilities, a play area, landscaping, sidewalks, and a new connection to the East Ithaca Recreation Way. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of the property from High Density Residential to a new Planned Development Zone. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants. 7. Nomination and Election of Vice Chairperson for 2011. 8. Approval of Minutes: December 7, 2010 and December 21, 2010. 9. Other Business 10. Adjournment Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY I_ SANDY POLCE AT 273 -1747. (A quorum ofjfour (4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, January 4, 2011 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, January 4, 2011, 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 2 -lot subdivision located at 721 and 817 Elmira Road, Town of Ithaca Tax Parcel No.'s 35 -1- 12.2 and 35 -1 -13, Low Density Residential Zone. The proposal involves subdividing off a 20 +/- foot wide strip from the northeastern edge of 817 Elmira Road (Tax Parcel No. 3511- 12.2), which will then be consolidated with 721 Elmira Road (Tax Parcel No. 35 -1- 13). Sybil S. Phillips and Doug Phillips, Owners /Applicants; Joseph G. Giordano, Agent. 8:00 P.M. Consideration of Preliminary Site Plan Approval and Preliminary Subdivision Approval for the proposed Belle Sherman Cottages project located on Mitchell Street, Town of Ithaca Tax Parcel No.'s 59 -1 -1, 59 -1 -2, 59 -1 -3, 59 -1 -4 and 63 -2 -10.3, High Density Residential Zone. The proposal involves the development of 19 single - family houses and 10 attached townhouse units on 3.1 ±/- acres. The proposal will involve a new private road between Worth Street and Clover Lane, new stormwater facilities, a play area, landscaping, sidewalks, and a new connection to the East Ithaca Recreation Way. The Planning Board will also be considering a recommendation to the Town of Ithaca Town Board regarding the rezoning of the property from High Density Residential to a new Planned Development Zone. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants. Said Planning Board willlat 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, December 27, 2010 Publish: Wednesday, December 29, 2010 Wednesda <Decembers�29 201U� THEM �HA'C�A�IOURNAL Town of Ithaca Planning Board Sign -in Sheet Date: January 4, 2011 Print Name I Address e-mail 0/1), I Z 5 I, o U" VI �� iN L C J ✓ r� e j, 12 `/ 1% n e f� d n,v'll I I I I I I I 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. I Notice of Public Hearings to be held by the Town of Ithaca Planning Board in the Town of Ithaca Town Hall, 215 � North Tio2a Street, Ithaca. New York. on Tuesday. January 4. 2011 Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting: December 27, 2010 Date of Publication: December 29, 2010 STATE OF NEW COUNTY OF TC Sworn to and subscribed � (3ku--, Sandra Polce, Senior Typist Town of Ithaca SS: me this 29th day of December 2010. Notary Public) CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877I Tioga County Commission Expires December�l26,�