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HomeMy WebLinkAboutPB Minutes 2011-04-19FILE DATE TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, April 19, 2011 215 N. Tioga Street, Ithaca, NY 14850 PRESENT: Chair: Fred Wilcox Members: George Conneman, Hollis Erb, Linda Collins, Ellen Baer and Jon Bosak. Absent: David Slottje and John Beach. STAFF: Susan Ritter, Director of Planning; Bruce Bates, Director of Code Enforcement; Creig Hebdon, Engineer; Chris Balestra, Planner; Paulette Terwilliger, Town Clerk; Susan Brock, Attorney for the Town. Call to Order Chairman Wilcox called the meeting to order at 7:03 p.m. and indicated the fire exits. AGENDA ITEM Persons to be heard There was no one wishing to address the Board at this time. AGENDA ITEM SEQR Determination: Briggs / Berggren 4 -Lot Subdivision, 1105 Trumansburg Road and 119 Williams Glen Road. No discussion on the SEQR PB Resolution No. 2011- 034: SEAR, Preliminary and Final Subdivision Approval, Briggs- Berggren 4 -lot Subdivision (Land Exchange),1105 Trumansburg Rd & 119 Williams Glen Rd, Tax Parcel No.'s 26.4-9 & 26.4-2 Motion made by George Conneman, Seconded by Jon Bosak WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 4 -lot subdivision located at 1105 Trumansburg Road and 119 Williams Glen Road, Town of Ithaca Tax Parcel No.'s 26 -4 -9 and 26 -4 -2, Medium Density Residential and Conservation Zones. The proposal involves a land exchange between the two parcels where a 0.277 +/- acre strip of land is being subdivided off from the southeast corner of Tax Parcel 26 -4 -9, which will be consolidated with Tax Parcel 26 -4 -2, and a 1.625 +/- acre triangular piece of land is being subdivided from Tax Parcel 26 -4 -2, which will be consolidated with Tax Parcel 26 -4 -9. William Buckley Briggs and Betty Jane Berggren, Owners /Applicants; John Alden Stevens, Esq., Agent; and PB Minutes 04 -19 -2011 Page 2 of 12 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this environmental review with respect to Subdivision Approval; and 3. The Planning Board, on April 19, 2011, 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 "Survey Map Showing A Portion of Lands of William Buckley Briggs to be Conveyed to Betty Jane Berggren & Showing A Portion of Lands of Betty Jane Berggren to be Conveyed to William Buckley Briggs, Town of Ithaca, County of Tompkins, State of New York," prepared by Reagan Land Surveying, dated 2/2011, and other application materials; and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance 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. Vote: Ayes: Wilcox, Conneman, Erb, Bosak, Baer and Collins Nays: None Motion passed unanimously. AGENDA ITEM PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 4 -lot subdivision located at 1105 Trumansburg Road and 119 Williams Glen Road, Town of Ithaca Tax Parcel No.'s 26 -4 -9 and 26 -4 -2, Medium Density Residential and Conservation Zones. The proposal involves a land exchange between the two parcels where a 0.277 +/- acre strip of land is being subdivided off from the southeast corner of Tax Parcel 26 -4 -9, which will be consolidated with Tax Parcel 26 -4- 2, and a 1.625 +/- acre triangular piece of land is being subdivided from Tax Parcel 26- 4-2, which will be consolidated with Tax Parcel 26 -4 -9. William Buckley Briggs and Betty Jane Berggren, Owners /Applicants; John Alden Stevens, Esq., Agent. John McCaffrey, Agent; gave a brief description of the proposal. This is a land swap resulting from a legal settlement. Public hearing opened at 7:11 p.m. There was no one wishing to address the Board on this topic. Mr. Hebdon noted that the survey map shows a "Woods Rd" which is not an accepted road and a reference to a "future town road." Mr. Bates and Mr. Hebdon did not want to imply any formality or acceptance to the supposed road or the future town road on the PB Minutes 04 -19 -2011 Page 3 of 12 survey plat. Discussion followed. The Board added conditions to the resolution indicating the need for these references to be removed prior to approval and signature. PB Resolution No. 2011- 035: Preliminary and Final Subdivision Approval, Briggs - Berggren 4 -lot Subdivision (Land Exchange), 1105 Trumansburg Rd & 119 Williams Glen Rd, Tax Parcel No.'s 26.4-9 & 26.4-2 Motion by Hollis Erb, Seconded by Fred Wilcox WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 4 -lot subdivision located at 1105 Trumansburg Road and 119 Williams Glen Road, Town of Ithaca Tax Parcel No.'s 26 -4 -9 and 26 -4 -2, Medium Density Residential and Conservation Zones. The proposal involves a land exchange between the two parcels where a 0.277 +/- acre strip of land is being subdivided off from the southeast corner of Tax Parcel 26 -4 -9, which will be consolidated with Tax Parcel 26 -4 -2, and a 1.625 +/- acre triangular piece of land is being subdivided from Tax Parcel 26 -4 -2, which will be consolidated with Tax Parcel 26 -4 -9. William Buckley Briggs and Betty Jane Berggren, Owners /Applicants; John Alden Stevens, Esq., Agent; and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in an environmental review with respect to Subdivision Approval, has on April 19, 2011, 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 II prepared by the Town Planning staff; and 3. The Planning Board, on April 19, 2011, 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 "Survey Map Showing A Portion of Lands of William Buckley Briggs to be Conveyed to Betty Jane Berggren & Showing A Portion of Lands of Betty Jane Berggren to be Conveyed to William Buckley Briggs, Town of Ithaca, County of Tompkins, State of New York," prepared by Reagan Land Surveying, dated 2/2011, and other application materials; NOW THEREFORE BE IT RESOLVED: 1. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed 4 -lot subdivision located at 1105 Trumansburg Road and 119 Williams Glen Road, Town of Ithaca Tax Parcel No.'s 26 -4 -9 and 26 -4 -2, as shown on the map titled "Survey Map Showing A Portion of Lands of William Buckley Briggs to be Conveyed to Betty Jane Berggren & Showing A Portion of Lands of Betty Jane Berggren to be Conveyed to William Buckley Briggs," subject to the following conditions: PB Minutes 04 -19 -2011 Page 4 of 12 a. Submission for signing by the Chairman of the Planning Board of an original or mylar copy of the final approved subdivision plat, and three dark -lined prints, revised with references to Woods Rd and proposed 60' wide future town road deleted 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 6 months of the date of this resolution, consolidation of the 0.277 +/- acre parcel with Tax Parcel No. 26 -4 -2, and the 1.625 + /- acre parcel with Tax Parcel No. 26 -4 -9, and submission of a copy of the consolidation request to the Town of Ithaca Planning Department. Vote: Ayes: Wilcox, Conneman, Erb, Bosak, Baer and Collins Nays: None Motion passed unanimously. AGENDA ITEM PUBLIC HEARING: Consideration of Final Site Plan Approval and Final 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, Planned Development Zone No. 13. 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. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants. Mr. Millman, Agora Homes and Development, gave a brief overview of the process and approvals received so far. Questions from the Board Ms. Erb discussed discrepancies in the tree - counts and placement noting that there was one townhouse with no front street -tree. The applicants saw no reason they couldn't shift the trees to have a tree in front of that lot. Mr. Wilcox asked about the remediation plan and how that is going to proceed. Mr. Millman responded that there is an approved DEC work plan and the current owners are responsible for completing the clean -up and obtaining the closure letter from DEC. He was not sure what the exact process was, but assumed they would be there for the final testing and issuing of the closure letter. Mr. Wilcox then discussed the concern raised by a resident at a previous meeting regarding line -of -sight at the Mitchell Street entrance to the project. He stated that he pulled over on the shoulder this evening and observed a car stop at Clover Lane and turn onto Mitchell Street and saw no line -of -sight issue. There is quite a change in grade, but he was not concerned. He added that one of the conditions of the Site Plan Approval was the county approving the curb -cut location. PB Minutes 04 -19 -2011 Page 5 of 12 Chairman Wilcox reminded the public that the Planning Board approved the preliminary site plan and imposed a number of conditions. This evening is not a re- opening of the approval, but ensuring that the applicants have met all of the conditions. Ms. Brock added a caveat that any new information could and would be considered. Mr. Wilcox opened the public hearing at 7:31 p.m. Mr. Hymes referred to a previous letter sent to the Board and he feels that Agora should make improvements to Vine Street, quoting the negative declaration on SEAR. He has issues with the traffic study and thought that the study was done without considering the 10 townhouses and the significant traffic increase of potentially 10 -20 more trips a day. He felt the present condition of the road could not support this traffic. He added that the road is not wide enough to have two cars on it and suggested that the road should be widened to 16 feet to alleviate this issue. He also felt the clay pack should be replaced with paving. He solicited quotes on the price of doing these upgrades and they are approximately $29K. He noted that he and the other residents have never asked for improvements but with the increase in traffic due to the development, the upgrades should happen and the cost is not significant in his mind. Mr. Orr had a question about the PDZ, quoting 270 -177 Yard and Lot Size Regulations for High Density Residential and if they are following those requirements. He is also concerned about the garages and their placement, which is right on the lotline and would require a resident to go into a neighbor's yard, the street or the Recreation Way to perform general maintenance on the garage. Mr. Orr was also concerned about the traffic study. He believes the increase in traffic will cause an impact to the neighborhood. He noticed errors in the plans and noted that there are no easements indicated for the sewer lines; the street signs do not meet state standards and the catch basins are not indicated. Ms. Brock answered the question about the PDZ addressing the yard regulations in G and I. The lot size(s) are required to be as shown on the plans and the PDZ regulations supersede the lot size requirements-listed in HDR. The applicants must construct the buildings as shown on the plans. Mr. Hebdon responded that the sewer line is a Town sewer line which the Town has been maintaining and will be replaced during construction and easements filed if they are not already. There has never been an issue. Linda Coy asked whether the number of townhouses could be changed without coming back for approval. Ms. Brock responded that they could not increase the number without going to both the Town Board and the Planning Board for different approvals and public hearings would be held. PB Minutes 04 -19 -2011 Page 6 of 12 She then asked about speed problems on Worth Street and who residents would call with concerns about speed if the speed bump does not control speed, adding that she was hoping for the speed bump to be placed closer to the entrance of the street. She then asked who to contact if the water and drainage issues worsen. The Board responded that residents should contact the Town of Ithaca Public Works. Mr. Hebdon stated that he has reviewed the drainage plans and they are sufficient. He noted that there will be a stormwater maintenance agreement with the Town and the Homeowners Association. The Homeowners are responsible, but if it is not done, the Town will do it and charge the residents.- City Councilwoman asked about the access from Worth Street and the legalities of the access to and from the street. Ms. Brock noted that all construction is happening in the Town itself, not the City. Mr. Millman, Agora Homes and Development, and Noah Demerest, Trowbridge and Wolf, were available to answer questions from the Board. Mr. Wilcox addressed the traffic and the numbers given by the resident. When you break it down, it is 1 trip every 15 minutes. It is an increase, but not noticeable. The Board discussed the width of Vine St. and Mr. Wilcox recalled discussions from other meetings and whether they wanted to encourage traffic on the road or not. That being said, it is not a public road but a shared driveway that has been used for many, many years by the current residents. Mr. Bosak thought the width is not the issue and this is a private road that the residents have used. Discussion followed. Ms. Erb agreed stating that this is private property and improving the road is counterproductive to keeping the quiet that the four existing residents want to preserve. If the road is improved, it will encourage people to take it as a short cut and increase the speed. Mr. Millman added that during the Sketch Plan Review period, after hearing comments regarding improving the road, different options and plans were drawn up and reviewed with the residents and the residents chose the current plan without the improvement and the lower number of units. He added that they have decided to wait and see how the development unfolds and what the residents think about it when it is being built. Ms. Collins asked if there was any discussion on making Vine Street one way to avoid entrance and exit onto Mitchell Street. Ms. Erb recalled talking about a number of options and the residents on Worth St did not want the increased traffic on their street to accommodate that. Discussion followed. Ms. Erb noted that it came down to 4 homes on the alleyway and any change in the pattern would force usage of Summer and Worth Streets. Mr. Wilcox asked about the garages and maintenance. Mr. Millman responded that each home owner is responsible for maintenance. He added that some of the garages are only 6 inches off the property line while others are 5 feet from the line. The houses PB Minutes 04 -19 -2011 Page 7 of 12 were noted on the posterboard. One group borders public property consisting of the Ithaca Recreation Way and the other group borders Vine Street, which is the project's property, so maintenance could be done from there. Discussion followed. Ms. Brock noted that there has to be a binding mechanism to ensure maintenance access. The East Hill Recreation way is owned by Cornell with the Town having a 99 year lease. Ms. Brock stated that they would have to either shift the garages in or have some legally binding mechanism to allow for maintenance. Mr. Millman proposed that that happen on the Recreation way side only. Houses 2 — 7 are would be shifted in to allow for maintenance. Mr. Wilcox asked about then asked about the street sign comments, stating again that the road is private so there may not be any regulations. Discussion followed with the location of stop signs noted on the site plan being discussed. There is a stop sign on Summer to Mitchell, and there are issues with putting a stop sign on Vine and Mitchell because of the street offsets, and the stop line would be too far back. Mr. Wilcox asked again about easements for the sewer lines. Mr. Hebdon explained that there are easements in place that would transfer to the Town and will be signed for the new sewer lines. Mr. Millman noted that there are no easements tied to their property and there will be easements of record for the utilities. Mr. Wilcox asked Mr. Orr to come back up. He had a copy of an easement from NYSEG and a 1954 copy of the Town Map. He stated that the town map indicated Vine Street as a road so it is not a private driveway as had been said. Discussion followed. The Board and counsel stated that a Town Map was recently adopted and does not show Vine Street as an official road and that is the final determination. Mr. Orr claimed that there were other errors on the site plan and stated that he did not consider them "deal breakers" but if noted, they should be reviewed and changed. He asked who he should review them with and the Board told him Mr. Bates. Ann Carson, who lives across from Vine St., spoke and stated that it has never been posted as a private road. It is kind of a country lane and since people are going to be invited to move in the neighborhood it should be posted as a private road. Public hearing was closed at 8:35 p.m. Mr. Millman and Mr. Demerest came back up and agreed to place "Private Road" signs on the Vine Street entrances. Discussion followed on the placement of the signs. Mr. Hebdon noted that he did not see a requirement in the Homeowners Association agreement that owners do not pave the center permeable portions of the driveway. Mr. Millman agreed to explicitly state it in the Homeowners Agreement. Ms. Brock asked about the Mitchell Street crosswalk and sidewalk. Discussion followed regarding whether or not to include a condition requiring it be built. They are located in the City and on a State road so the improvements will have to be approved by those entities. A condition was added to require them unless the entities deny it. PB Minutes 04 -19 -2011 Page 8 of 12 There was a long conversation on the timeline of when the play structure and area should be finished. The concern was the applicants not finishing it if the whole project is not completed or other ways it could not be finished. A condition was added detailing the required timeline for the structure(s) to be finished. Numerous conditions were added to the resolution to address the concerns raised by the public and discussed by the Board. PB Resolution No. 2011- 036: Final Site Plan and Final Subdivision, Belle Sherman Cottages, Tax Parcel No.'s 63 -2 -10.3, 59 -1 -1, 59 -1 -2, 59 -1 -3 and 59 -1 -4 Motion made by Hollis Erb, Seconded by George Conneman WHEREAS: This action is consideration of Final Site Plan Approval and Final 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, Planned Development Zone No. 13. 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. 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. On January 4, 2011, at a public hearing, the Town of Ithaca Planning Board granted Preliminary Site Plan and Preliminary Subdivision approvals, with conditions, and 4. On March 7, 2011, the Town of Ithaca Town Board did accept the concept and locations of the public utilities that are proposed to be dedicated to the Town of Ithaca, and 5. On April 11, 2011, at a public hearing, the Town of Ithaca Town Board did adopt a local law entitled "A Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Belle Sherman Cottages Project ", and 6. The Planning Board, at a Public Hearing held on April 19, 2011, has reviewed and accepted as adequate, drawings titled "Cover" (Sheet 000), dated March 18, 2011; "Topographic Map" (Sheet 1), dated 07/24/09 and "Subdivision Plat" (Sheet 1 of 1), PB Minutes 04 -19 -2011 Page 9 of 12 dated 3/2/2011, prepared by T.G. Miller, P.C. and date stamped April 19, 2011; "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 March 18, 2011 and prepared by Trowbridge & Wolf; "Existing Conditions Plan, General Notes, and Legend" (Sheet 1), "Demolition Plan" (Sheet 2), "Utility Plan" (Sheet 3), "Erosion and Sediment Control Plan" (Sheet 4), "Road Profile and Stormwater Management Area Details" (Sheet 5), "Sanitary Sewer and Storm Sewer Profiles" (Sheet 6), "Sanitary Sewer Details" (Sheet 7), "Water Details" (Sheet 8), and "Storm Sewer Details" (Sheet 9), dated March 18, 2011 and prepared by O'Brien & Gere; "The Bungalow" (Sheets 1 and 2), dated 8/23/2010, "Bungalow Alterpates" (Sheet 3), dated 8/18/2010, "The Farmhouse" (Sheets 4 and 5), "The Farmhouse II" (Sheets 6 and 7), dated 8/23/2010, "Farmhouse Alternatives" (Sheet 8), "Townhouse A1" (Sheet 9), "Townhouse A2" (Sheet 10), "Townhouse A3" (Sheet 11), "Townhouse A4" (Sheet 12), 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 Final 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. evidence of the necessary approvals of the Tompkins County Health Department on the final plat regarding the realty subdivision, prior to signing of the plat by the Planning Board chair, and b. submission of one original, signed and sealed mylar copy and three dark -line prints of the final plat for signing 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 areas, and to provide annual written notices to owners and the subdivision of the Town of Ithaca's then - current occupancy requirements and noise laws, satisfactory to the Attorney for the Town, prior to issuance of any building permits, and d. submission of copies of the above referenced final homeowners association documents, said documents 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 issuance of any building permits, and BE IT FURTHER RESOLVED: PB Minutes 04 -19 -2011 Page 10 of 12 That the Town of Ithaca Planning Board hereby grants Final 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: a) 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 b) a truck hauling plan(s) is to be provided regarding the removal of the demolition material, the removal 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 3 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 c) submission of proof of receipt of the necessary curb cut permit(s) from Tompkins County for access onto Mitchell Street, prior to any site work, and d) 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 e) submission of one original set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor(s), engineer(s), architect(s), or landscape architect(s) who prepared the site plan materials, prior to issuance of any building permits, and f) submission of a stormwater "Operation, Maintenance, and Reporting Agreement" between the property owner and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to issuance of any building permits for any houses, and g) submission of drainage easements, maintenance schedules / agreements, and /or deed restrictions or other legally sufficient mechanisms for all lots containing stormwater Facilities, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to issuance of any building permits for any houses, and h) 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 i) submission of draft sanitary sewer and water main easements, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department, prior to issuance of any building permits, said easements to be filed in the Tompkins PB Minutes 04 -19 -2011 Page 11 of 12 County Clerk's Office, and a copy of the receipt of filing provided to the Town of Ithaca Planning Department, and j) 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 the Town and the Town of Ithaca Public Works Department prior to issuance of any building permits, said easements 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, and k) submission of the final playground equipment details of similar size and equal or better quality than the equipment included in the Final Site Plan submission, subject to approval of the Director of Planning prior to issuance of a building permit for the playground, and 1) The children's playground equipment shall be installed prior to the issuance of the certificate of occupancy for the 29th dwelling unit, or within one-year from issuance of the last certificate of occupancy, whichever occurs earlier, and m) submission of a revised planting plan (Sheet L401) showing a street tree on lot 17, and corrected quantities in the Table on Sheet L401, prior to issuance of any building permits, and n) submission of revised drawing showing the garages for lots 2 -7 located at least 18 inches from the property boundary with Cornell University, and o) submission of draft easements or other legally binding documents assuring access by the owners of lots 9 -18 to the rear of their garages for maintenance and repair purposes satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department prior to issuance of any building permits, with any said easements 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, and p) revision of layout plan (Sheet L201) and site details (Sheet L501) to show addition of signs stating "Private Road" at the entrance of vine street to Mitchell street, and at the Vine St/Summer St intersection, prior to the issuance of building permits, and q) submission of revised Homeowner's Association rules adding a statement preventing homeowners from increasing the impervious area of their individual driveways, and r) the crosswalk and related improvements shall be constructed as shown on Exhibit A of Applicant's March 18, 2011 final site plan submission, provided applicant receives necessary approvals from the City of Ithaca, Tompkins County and the owner of the property on which the new sidewalk will be constructed. If PB Minutes 04 -19 -2011 Page 12 of 12 such entities require modifications to these elements that the director of public works reasonable determines are minor, applicant shall build these elements as modified. Vote: Ayes: Wilcox, Conneman, Erb, Bosak, Baer and Collins Nays: None Motion passed unanimously. AGENDA ITEM Approval of Minutes: April 5, 2011 PB Resolution No. 2011 -037: Minutes of April 5, 2011 Moved by Fred Wilcox; Seconded by Hollis Erb WHEREAS, the Town of Ithaca Planning Board has reviewed the draft minutes from the meeting on March 29, 2011; now, therefore, be it RESOLVED, that the Town of Ithaca Planning Board approves the minutes, with corrections, to be the final minutes of the meeting of March 29. Vote: Ayes: Wilcox, Collins, Conneman, Beach, Erb and Baer Nays: None Motion passed unanimously AGENDA ITEM Other Business Ms. Ritter went over the next meeting's agenda. Ms. Ritter talked about the follow up letter from RWDI and the comments from the Brittain Brothers regarding the noise level testing at the new Animal Health Diagnostic Laboratory. There were some major issues /questions. Discussion followed. Ms. Ritter read the condition from the approval for the Vet School. Ms. Ritter noted that Cornell has agreed to re -test the ambient noise levels but she wanted to know what the Board's concerns were. The Board said they have to be at the same locations as the first test, with the receptors called by location, not numbers, same times of day, and with no subtractions or stopping for vehicles. The test should be done exactly as the original base test so it is an accurate reflection of the change in the noise level. Adjournment Meeting adjourned on motion at 9:55 p.m. Respect f I submitted, —426A Paulette Terwilliger, Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, .New York 14850 Tuesday, April 19, 2011 AGENDA 7:00 P.M. Persons to be heard (no more than five minutes). 7:05 P.M. SEQR Determination: Briggs / Berggren 4 -Lot Subdivision, 1105 Trumansburg Road and 119 Williams Glen Road. 7:05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed 4 -lot subdivision located at 1105 Trumansburg Road and 119 Williams Glen Road, Town of Ithaca Tax Parcel No.'s 26 -4 -9 and 26 -4 -2, Medium Density Residential and Conservation Zones. The proposal involves a land exchange between the two parcels where a 0.277 +/- acre strip of land is being subdivided off from the southeast corner of Tax Parcel 26 -4 -9, which will be consolidated with Tax Parcel 26 -4 -2, and a 1.625 +/- acre triangular piece of land is being subdivided from Tax Parcel 26 -4 -2, which will be consolidated with Tax Parcel 26 -4 -9. William Buckley Briggs and Betty Jane Berggren, Owners /Applicants; John Alden Stevens, Esq., Agent. 7:15 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval and Final 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, Planned Development Zone No. 13. 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. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants. Approval of Minutes: March 22, 2011 and April 5, 2011. 6. Other Business: 7. Adjournment Susan Ritter 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, April 19, 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, April 19, 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 4 -lot subdivision located at 1105 Trumansburg Road and 119 Williams Glen Road, Town of Ithaca Tax Parcel No.'s 26 -4 -9 and 26 -4 -2, Medium Density Residential and Conservation Zones. The proposal involves a land exchange between the two parcels where a 0.277 +/- acre strip of land is being subdivided off from the southeast corner of Tax Parcel 26 -4 -9, which will be consolidated with Tax Parcel 26 -4 -2, and a 1.625 +/- acre triangular piece of land is being subdivided from Tax Parcel 26 -4 -2, which will be consolidated with Tax Parcel 26 -4 -9. William Buckley Briggs and Betty Jane Berggren, Owners /Applicants; John Alden Stevens, Esq., Agent. 7:15 P.M. Consideration of Final Site Plan Approval and Final 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, Planned Development Zone No. 13. 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. Susan J. and Harold Mix, Owners; Agora Homes and Development, LLC, Applicants. 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. Susan Ritter Director of Planning 273 -1747 Dated: Monday, April 11, 2011 Publish: Wednesday, April 13, 2011 Wed esday i1 t 2011 The Ithaca Journal ? _ . _ nrn�,vru nclirwnr. ei « .. a 1 Town of Ithaca Planning Board Sign -in Sheet Date: April 19, 2011 Print Name., Address e-mail �a4a -Ce._ kA III IT u� l t',1 1//"7z 6260,11 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 19, 2011 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting: . April 11, 2011 Date of Publication: April 13, 2011 Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 13`h day of April 2011. Notary Public CARRIE WHITMORE Notary Public, State of New York No. 01 WH6052877 Tioga County % Commission Expires December 26,