The URL can be used to link to this page

Home My WebLink AboutPB Minutes 2015-12-15TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday. December 15. 2015 AGENDA 7:00 P.M. PUBLIC HEARING: Consideration of Final Subdivision Approval for the proposed Amabel Subdivision located at 619 Five Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.'s 31-2-28 and 31-2-6 (part of). Low Density Residential Zone. The proposal is for a 32-lot clustered subdivision and involves a number of proposed changes from the approval granted by the Planning Board on 5/5/2015, including utilization of Inlet Road for a second access, changes to the subdivision layout with 30 new single- family residential home lots with individual driveways (instead of 28 new lots without driveways), installation of approximately 20 parking spaces (instead of 43), reduction in the amount of proposed lighting, modification of the stormwater facilities, and potential creation of a "Sewage Works Corporation" for the private sewer system, pursuant to Article 10 of the New York State Transportation Corporation Law. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant. 2. Persons to be heard 3. Approval of Minutes: November 17, 2015 and December 1, 2015 4. Other Business 5. 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 or SPOLCE@TOWN.nHACA.NY.US. (A quorum of four (4) members Is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town's website under "Planning Board" on the "Meeting Agendas" page (httD://ww\Y.town.ithaca.nv.us/meellng-aaendas). TOWN OF ITHACA PLANNING BOARD MEETING Tuesday, December 15, 2015 215 N. Tioga Street, Ithaca, NY 14850 Town Planning Board Members Present: Fred Wilcox (Chair), Joseph Haefeli, John Beach, Yvonne Fogarty, Liebe Meier Swain, Jon Bosak Town Staff Present: Susan Ritter, Director of Planning; Chris Balestra, Planner; Bruce Bates, Director of Code Enforcement; Dan Thaete, Town Engineer; Susan Brock, Attorney for the Town; Deb DeAugistine, Deputy Town Clerk Call to Order Mr. Wilcox called the meeting to order at 7:00 p.m. and accepted the secretary’s posting and publication of the public hearing notice. AGENDA ITEM Public Hearing: Consideration of Final Subdivision Approval for the proposed Amabel Subdivision located at 619 Five Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.’s 31-2-28 and 31-2-6 (part of), Low Density Residential Zone. The proposal is for a 32-lot clustered subdivision and involves a number of proposed changes from the approval granted by the Planning Board on 5/5/2015, including utilization of Inlet Road for a second access, changes to the subdivision layout with 30 new single-family residential home lots with individual driveways (instead of 28 new lots without driveways), installation of approximately 20 parking spaces (instead of 43), reduction in the amount of proposed lighting, modification of the stormwater facilities, and potential creation of a “Sewage Works Corporation” for the private sewer system, pursuant to Article 10 of the New York State Transportation Corporation Law. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant Mr. Wilcox opened the public hearing at 7:01 p.m. Mr. Herrick stated that at the last meeting, they were directed to get certain things in order to satisfy the concern that the stormwater management plan be acceptable prior to final approval. Mr. Thaete said they met with Mr. Herrick, and the only remaining comments are permits and things covered in the resolution. They’re happy with the SWPPP; there are a few minor details to work out. Ms. Brock said the SWPPP and Mr. Herrick’s engineering comments meet the town code. No members of the public were present. Mr. Wilcox closed the public hearing at 7:04 p.m. Ms. Balestra read from an email she received that day from the DOT regarding the highway permit. They said they’d be glad to provide a letter saying they conceptually approved the plan if the permit hasn’t been issued yet. Since there’s a condition in the resolution, this probably won’t be necessary. Planning Board Minutes 12-15-2015 Page 2 of 7 She pointed out that there’s a bit of a conflict between the Site Clearing Plan and the Grading and Drainage Plan. The same trees that are highlighted on the clearing plan as being proposed for retention are also being graded over on the grading plan. Mr. Thaete said he brought it up because there was public comment from a neighbor wanting to preserve the trees and the applicant said she would do her best to do so. Mr. Wilcox said the planning board’s goal is to preserve as many healthy trees as possible. Ms. Balestra suggested either revising the drainage plan to avoid the trees being shown as preserved or revising the clearing plan to accurately show all the trees that will be taken out. The latter doesn’t preserve the trees. She said we’ve required notations on plans showing how trees were to be main- tained; we’ve also required construction fencing be placed around trees to protect them. Mr. Herrick said the grading is tight to the tree line on the southern row and there will be creation of a slope on the back side of the ditch. Ms. Cosentini made the comment at the last meeting that she understands the implications of proper pruning. He understands the reality of what could happen if the grading gets close enough. He suggested a replacement plan for the trees that don’t survive. Mr. Wilcox suggested starting with the clearing plan; any trees that are shown to be preserved that don’t survive will be replaced with comparable trees in terms of type as opposed to size. Mr. Thaete responded that being on the enforcement side, it’s sometimes left very open ended. He recently dealt with a site where there was a caveat to “clear trees to the minimum possible.” What is that? What is a dead tree? A tree of that size is going to take some time to die. Mr. Bosak said he was comfortable where Mr. Wilcox was going. Mr. Bates concurred with Mr. Thaete’s statement. Whatever the board decides as far as preserving or replacing the trees, they should make it perfectly clear what has to happen, including timeframes, because it’s a nightmare to enforce this. “Being reasonable” isn’t a set guideline for him to follow. Mr. Herrick said he wouldn’t focus on the southern property line, where the drainage ditch will be. The other trees, through some sensitive attention to the contours, can probably be avoided. On the south side, the drainage ditch is a critical part of the plan, so the contours are more exact. He offered to modify the grading plan to minimize those instances where a contour line clearly cuts right through a tree. While the lines are accurate, they’re not all that sensitive to the trunk locations. Ms. Fogarty wondered whether tree roots in the drainage ditch would be a problem. Mr. Herrick responded that they wouldn’t be. It’s going to be vegetated and minimal maintenance – they’ll mow once or twice per year. He doesn’t think any interior trees that were marked are going to be an issue. Mr. Wilcox reiterated his stance from the last meeting that this project should have gone back to preliminary site plan approval because it’s essentially a new plan. Planning Board Minutes 12-15-2015 Page 3 of 7 PB Resolution No. 2015-049: Final Subdivision Approval, Amabel Subdivision, Tax Parcel No.’s 31-2-28 and 31-2-6 (portion thereof) Moved by Joseph Haefeli; seconded by John Beach WHEREAS: 1. This action is Consideration of Final Subdivision Approval for the proposed Amabel Subdivision located at 619 Five Mile Drive (NYS Route 13A), Town of Ithaca Tax Parcel No.’s 31-2-28 and 31- 2-6 (part of), Low Density Residential Zone. The proposal is for a 32-lot clustered subdivision and involves a number of proposed changes from the approval granted by the Planning Board on 5/5/2015, including utilization of Inlet Road for a second access, changes to the subdivision layout with 30 new single-family residential home lots with individual driveways (instead of 28 new lots without driveways), installation of approximately 20 parking spaces (instead of 43), re- duction in the amount of proposed lighting, modification of the stormwater facilities, and poten- tial creation of a “Sewage Works Corporation” for the private sewer system, pursuant to Article 10 of the New York State Transportation Corporations Law. New Earth Living LLC and City of Ithaca, Owners; Sue Cosentini, Applicant; and 2. This is a Type I Action for which the Town of Ithaca Planning Board, on December 1, 2015, acting as lead agency with respect to this project, reaffirmed its negative determination of envi- ronmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3, prepared by Town Planning staff, and other application materials; and 3. The Planning Board, at a public hearing on December 15, 2015, reviewed and accepted as adequate application materials related to the proposed final subdivision, including a narrative describing the proposal, a copy of the Phase IB Archaeological Survey Addendum for the Amabel project, prepared by the Public Archaeology Facility, dated December November 19, 2015, a Final Subdivision Plat for the proposed Amabel development, titled “Subdivision Plat Amabel Pocket Neighborhood Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York,” prepared by T.G. Miller P.C., dated 10/20/2015 and revised 10/27/2015, a set of plans titled “New Earth Living, LLC, Amabel Pocket Neighborhood, Five Mile Drive, Town of Ithaca, Tompkins County, New York,” including sheets C101-C106 and C201-C202, prepared by T.G. Miller P.C., dated 10/20/2015 and revised 10/27/2015, revised sheet C104, prepared by T.G. Miller P.C., dated 12/9/15 and sheets C104.1 and C203, prepared by T.G. Miller P.C., dated 12/9/15 and other application materials; NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board grants Final Subdivision approval for the proposed subdivision of a 3.379+/- acre portion of Tax Parcel No. 31.-2-6 (“Parcel A”) for consolidation with Tax Parcel No.31.-2-28, as shown on the survey map titled “Survey Map for New Earth Liv- ing, LLC Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York,” prepared by T.G. Miller P.C., dated 12/4/2014, with the following conditions: a. Submission for signing by the Planning Board Chair of an original and three dark lined prints of the final subdivision plat, prior to filing in the Tompkins County Clerk’s Office, and sub- Planning Board Minutes 12-15-2015 Page 4 of 7 mission of a receipt of filing to the Town of Ithaca Planning Department, before any building permits are issued; and b. Within six months of final approval, consolidation of Parcel A (3.379+/- acres) with Tax Par- cel No. 31.-2-28, and submission of a copy of the consolidation request to the Town of Ithaca Planning Department; AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board waives certain items required by the Town of Ithaca Subdivision Regulations, for Final Subdivision approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that the waiver will result in a signifi- cant alteration of neither the purpose of subdivision control nor the policies enunciated or im- plied by the Town Board; and 2. That the Planning Board grants Final Subdivision Approval for the proposed Amabel subdivision, as shown on the plat titled “Subdivision Plat Amabel Pocket Neighborhood Located at No. 619 Five Mile Drive, Town of Ithaca, Tompkins County, New York,” prepared by T.G. Miller P.C., dated 10/20/2015 and revised 10/27/2015, and the plans noted in Whereas #3 above, with the following conditions: a. Revision of Sheet C102, Layout Plan to show plantings along the parking lot that faces Five Mile Drive, to screen the parking areas from those traveling along Five Mile Drive; and b. Revision of the final subdivision plat to add a note referencing the stormwater easement to be granted to the Town; and c. Revision of the Grading and Drainage Plan, Sheet C106, to redraw grading lines so they do not go through trees along the northern property line and interior of the property that are shown as being preserved on Site Clearing, Sheet C103, and any trees indicated on Sheet C103 as being preserved that Planning Staff determines in writing are dead or dying during an inspection to occur at least 24 months and not more than 36 months after issuance of the first building permit for the development shall be replaced by trees of the same type and with a size of not less than two inches in diameter at breast height within 12 months of the date of such determination; and d. Revision of the SWPPP plan to include a note, per #2 on page 1 of the memo prepared by Daniel Thaete, PE Engineering at the Town of Ithaca Public Works Department, dated 12/08/2015, indicating the ability of town staff to require remedial measures as required, should unforeseen issues arise during the construction of the project; and e. Before filing in the Tompkins County Clerk’s Office, submission to the Planning Department of one set of large size (24 x 36) original plans and two sets of 11 x 17 size plans, revised as de- scribed in “a” ,“b” and “c” above, for signing by the Chairperson of the Planning Board, and submission of a receipt of filing to the Town of Ithaca Planning Department; and f. Before the final approved plat is signed by the Planning Board Chair, approval by the Town of Ithaca Town Board of the rezoning of the proposed project site from Low Density Residential to Medium Density Residential; and Planning Board Minutes 12-15-2015 Page 5 of 7 g. Before the final approved plat is signed by the Planning Board Chair, granting of consent by the Town of Ithaca Town Board to the formation of a Sewage Works Corporation; and h. Before the final approved plat is signed by the Planning Board Chair, submission to the Plan- ning Department of evidence of necessary approvals by the Tompkins County Health De- partment on the final subdivision plat regarding the realty subdivision; and i. Before the final approved plat is signed by the Planning Board Chair, submission to the Plan- ning Department of documentation and filed easement agreements, satisfactory to the Attor- ney for the Town, showing that (i) the developer has the right to utilize Inlet Road for con- struction purposes and to improve it as shown on the submitted plans and (ii) the residents of the Amabel development have appropriate access to the development via Inlet Road; and j. Before the final approved plat is signed by the Planning Board Chair, submission to the Plan- ning Department of either a NYS DOT concurrence letter or highway work permit for the new curb cuts off of Five Mile Drive, and for the water and any sewer infrastructure located within the NYS DOT’s right-of-way; and k. Before the final approval plat is signed by the Planning Board Chair, submission to the Public Works Department of a copy of temporary construction easements from all property owners along the north side of the proposed development, as noted in #3 on page 2 of the memo prepared by Daniel Thaete, PE Engineering at the Town of Ithaca Public Works Department, dated 12/08/2015; and l. Before the final approval plat is signed by the Planning Board Chair, submission to the Public Works Department of approval from NYSEG for all work conducted within their overhead powerline easement to the east, as noted in #5 on page 2 of the memo prepared by Daniel Thaete, PE Engineering at the Town of Ithaca Public Works Department, dated 12/08/2015; and m. Before application for any permit required by the Town, submission to the Planning Depart- ment of language for cross easements or other documents necessary to guarantee current and future owners, leaseholders, and residents of all units in the subdivision access to all utilities, drainage and stormwater facilities, recreational amenities, trails, common open space, and other common or shared facilities; and n. (i) Before application for any permit required by the Town, submission to the Planning De- partment of any draft cooperative proprietary leases, condominium or homeowners associa- tion documents, or other agreements among property owners, including, but not limited to, suitable provisions to assure maintenance of all common utilities and facilities, and notifica- tion to owners of the presence of charges related to the operation and maintenance of the Sewage Works Corporation infrastructure, satisfactory to the Attorney for the Town, and (ii) before any certificates of occupancy are issued, submission of the above documents as ap- proved by New York State to the Planning Department, satisfactory to the Attorney for the Town; and o. Before any building permits are issued, installation and completion of all water infrastructure, including the water main, as noted in #2 on page 4 of the memo prepared by Daniel Thaete, PE Engineering at the Town of Ithaca Public Works Department (dated 11/20/2015) and re- iterated in #6 on page 2 of the memo prepared by Dan Thaete, dated 12/08/2015; and Planning Board Minutes 12-15-2015 Page 6 of 7 p. Before any building permits are issued, installation and completion of all sewer infrastructure, including the sewage lift station; and q. Before any building permits are issued, acceptance by the Town Board of the concept and location of the proposed public water service for the project and any associated easements; and r. Before any building permits are issued, submission to the Public Works Department, along with full execution and filing of a stormwater “Operation, Maintenance, and Reporting Agreement” between the developer of the Amabel project and the Town of Ithaca, satisfactory to the Attorney for the Town and the Town of Ithaca Public Works Department; and s. (i) Before any building permits are issued, submission to the Public Works Department of water easements to be granted to the Town, for review and approval by the Attorney for the Town and the Town of Ithaca Public Works Department, and (ii) before any certificates of oc- cupancy are issued, filing of approved easements with the Tompkins County Clerk’s Office; and t. (i) Before any building permits are issued, submission to the Public Works Department of sewer easements to be granted to the Town, for review and approval by the Attorney for the Town and the Town of Ithaca Public Works Department, and (ii) before any certificates of oc- cupancy are issued, filing of approved easements with the Tompkins County Clerk’s Office; and u. Before any building permits are issued, submission to the Planning Department of details of size, location, design, illumination and construction materials of any proposed signs; and v. Before any certificates of occupancy are issued, submission to the Planning Department of proof of receipt of all necessary permits that are not explicitly addressed by the above condi- tions from county, state, and/or federal agencies; and w. All exterior lighting shall comply with the requirements of the Town’s Outdoor Lighting Law (Town Code, Chapter 173); and AND BE IT FURTHER RESOLVED: That any changes to the details related to the proposed Sewage Works Corporation, sewage pump station, and/or the sewer line distribution that do not result in a change in the layout of the site will not require Planning Board subdivision modification approval. Vote Ayes: Wilcox, Haefeli, Beach, Fogarty, Meier Swain, Bosak AGENDA ITEM Persons to be heard – Nobody came forward to address the board. AGENDA ITEM PB Resolution No. 2015-050: Minutes of November 17, 2015 Planning Board Minutes 12-15-2015 Page 7 of 7 Moved by Fred Wilcox; seconded by John Beach RESOLVED, the Planning Board approves the minutes of November 17, 2015, as amended. Vote Ayes: Wilcox, Haefeli, Beach, Meier Swain, Bosak Abstentions: Fogarty AGENDA ITEM Adjournment Upon a motion by Yvonne Fogarty, the meeting adjourned at 7:56 p.m. Respectfully submitted, Debra DeAuglstmerDeputy Town Olerk