HomeMy WebLinkAboutPB Minutes 1992-11-17FM
TOWN Of ACR
Date
TOWN OF ITHACA PLANNING BOARD Cler&
NOVEMBER 17, 1992
The Town of Ithaca Planning Board met in regular session on
Tuesday, November 17, 1992, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James
Baker, Candace Cornell, Herbert Finch, Virginia Langhans,
William Lesser, Dan Walker (Town Engineer), Floyd Forman
(Town Planner), Richard Eiken (Planner I), John Barney
(Town Attorney).
ALSO PRESENT: Ed Hallberg, Noel Desch, Lee Leonardo, Clara
Leonardo, Orson Ledger, Alfred Eddy, Phyllis Baker,
Richard Baker, Gordon Van Nederynen, Ann Pendleton,
Dick Pendleton, Montgomery May, George Schlecht, Agda
Osborn, Bernie Malloy, Judy Malloy, Gerald E. Nye,
Peter Newell, Mr. & Mrs. John Babcock, Bill Seldin,
Reuben Weiner, Ronald Ronsvalle, Thomas Bell, Dave
Auble.
Chairperson Grigorov declared the meeting duly opened at 7:35
p.m. and accepted for the record the Clerk's Affidavit of Posting and
• Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on November 9, 1992, and November 12, 1992,
respectively, together with the Secretary's Affidavit of Service by
Mail of said Notice upon the various neighbors of each of the
properties under discussion, as appropriate, upon the- Clerk of the
City of Ithaca, upon the Tompkins County Commissioner of Planning,
upon the Tompkins County Department of Public Works, upon the NYS
Department of Transportation, upon the NYS Office of Parks,
Recreation, & Historic Preservation, and upon the applicants and/or
agents, as appropriate, on November 16, 1992.
Chairperson Grigorov read the Fire Exit Regulations to those
assembled, as required by the New York Department of State, Office of
Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD.
Chairperson Grigorov asked if there were any persons present who
wished to speak.
Lee Leonardo of Alison '°Street, Ithaca, New York, addressed the
Board stating that she would like to read into the record a letter
dated November 9, 1992, and two pages of signatures. [The referenced
documents are attached hereto as Exhibits # 1, # 2 and # 3.) Ms.
Leonardo stated that the thirty-five signatures represent Ithaca
residents who feel that they may be adversely affected by the
proposed Comprehensive Plan.
I/ PLANNING BOARD -2- November 17, 1992
• Chairperson Grigorov asked what the schedule is for public
hearings on the Comprehensive Plan.
Town Planner Floyd Forman stated that they are not ready for
public hearings. Mr. Forman stated that, for now, they are trying to
finish up the work of the Comprehensive Planning Committee, adding
that their expectation, as he had told the Board, is somewhere in
mid-January. Mr. Forman also stated that the Planning Board needs to
review the plan thoroughly and not try to rush into anything.
Noel Desch addressed the Board stating that he is one of the
members of the group that is becoming increasingly concerned with
getting the information out, but what the group has found is that the
general public knows very little about this plan. It is a complex
plan and will take all of us to become familiar with it; the concern
is that we do not end up with a plan, whether it be the right one or
the wrong one, that the public revolts against later on because they
did not become familiar with it, and that is the reason for what this
group is trying to get across here. Mr. Desch stated that when
zoning was instituted almost forty years ago, there was a tremendous
effort by those people who ''were involved with it, drafting the laws -
and writing the regulations, and to do what we are asking the Board
to do is a huge burden, but they did virtually get around to every
neighborhood in Town and had meetings, and that had a major effect on
shaping and improving that) plan so it was something people were
comfortable with in going from no zoning to zoning. Mr. Desch stated
that this is equally critical in -their minds with the steps that the
Town feels it needs to take, adding that they feel that exposure is
absolutely essential.
Chairperson Grigorov stated that the Planning Board is not
familiar with the plans and details at this time as the Board has not
received a plan yet. Chairperson Grigorov stated that the Board has
to accept the SEQR; the SEQR has to be reviewed, and then a positive
or negative declaration has to be made. The review will be done most
likely after the middle of January 1993.
Mr. Forman stated that the Comprehensive Plan is now in chapters
and all chapters are at the Town Hall, but people may want to wait
until the chapters are put in full document form; it will make a lot
more sense. Chapter 2 maybe of interest at this time as it is the
inventory chapter and describes what you have in a town both from a
mapping standpoint and a document standpoint.
Chairperson Grigorov asked if there were any more comments from
the public. At this time, there appeared to be no more comments and
Chairperson Grigorov closed this portion of the meeting at 7:45 p.m.
PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR
THE PROPOSED SUBDIVISION'OF TOWN OF ITHACA TAX PARCELS NO. 44.1-1-1
THROUGH 44.1-1-37, 23.0+/ -ACRES TOTAL, INTO 21 LOTS, 20 OF WHICH ARE
• TO BE RESIDENTIAL LOTS ON THE EASTERN PORTION OF THE SITE (11.2+/ -
ACRES), WITH THE WESTERN PORTION OF THE PARCEL (11.8+/- ACRES) TO BE
DEVELOPED FOR A SIX -BED HOSPICE FACILITY. PROJECT IS LOCATED AT THE
PLANNING BOARD -3- November 17, 1992
.1 CHASE POND SITE ON EAST KING ROAD ACROSS FROM CHASE FARM LANE,
RESIDENCE DISTRICTS R-30 AND R-15. PROJECT RECEIVED PRELIMINARY
SUBDIVISION APPROVAL WITH CONDITIONS ON OCTOBER 6, 1992. CITIZENS
SAVINGS BANK, OWNER; HOSPICARE OF TOMPKINS COUNTY, APPLICANT;
PETER NEWELL, ARCHITECT, AGENT.
Chairperson Grigorov declared the Public Hearing in the
above -noted matter duly opened at 7:46 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted above.
At this time, Board Member Virginia Langhans stated, for the
record, that she would not participate in any discussion of or vote
on this matter.
Peter Newell, Architect for Hospicare, addressed the Board
stating that George Schlec;ht, Engineer/Surveyor was present to answer
any questions on a more technical basis. Mr. Newell stated that the
Board knows the issues at hand and that he and Mr. Schlecht are
present to answer any questions the Board might have.
Town Planner Floyd Forman advised Mr. Newell that he might want
to present to the Board any changes that were made to the roadway,
the enlargements, etc.
Mr. Newell stated that the R-30 lot is sited for Hospicare and
' the other 20 remaining lots will be residential lots, R-15. Mr.
J Newell referred.to-a map showing where changes had been made. The
major difference from the last plan is that the road had been
expanded to a full turnaround at the request of Engineering and the
Highway Superintendent. The location of the drainage easement has
been relocated to get it above the dyke and revisions to the bike
paths have been made. The cul-de-sac will be changed to a
turnaround; it has gone to 175 foot radius -- 150 feet across instead
of 100 feet; the road has been expanded. The draft resolution talks
about some side yard setbacks for lots 1, 3, 4 and 5 and these lots
have been adjusted to make sure the houses on these lots will fit
comfortably because it is getting tight in some spots.
Chairperson Grigorov noted that this was a Public Hearing and
asked if anyone from the public wished to speak or had any questions.
Judy Malloy, President of Hospicare, addressed the Board stating
that the turnaround will not be entirely paved. There will be a
center grassway which will give it a more appealing effect. The
reason for the request to waive the side yard setbacks on those four
lots is primarily to avoid building over easements for sewer and
water. Each of those lots has sewer and water lines running through
it, so that is why there is a waiver request, to prevent building
across them.
Chairperson Grigorov noted again that this was a Public Hearing
and asked if anyone else present wished to speak. No one spoke.
Chairperson Grigorov closed the Public Hearing and brought the matter
back to the Board for discussion.
PLANNING BOARD -4- November 17, 1992
Town Planner Floyd Forman addressed the Board stating that there
was a request for side yard waivers . There was a request for six
lots but, after looking at the lots, only four were reasonable
requests and that recommendation was made to the Board for lots 1, 3,
4, and 5 . Mr. Forman went through the Draft Resolution, number 3 ,
"a" through "g" . At this time, Town Attorney John Barney, suggested
some changes for the Board to consider.
There appearing to be no further discussion; Chairperson Grigorov
asked if anyone were prepared to offer a motion.
MOTION by Robert Kenerson, seconded by Candace Cornell:
WHEREAS:
1 . This action is the Consideration of Final Subdivision Approval
for the proposed subdivision of Town of Ithaca Tax Parcels No.
44 . 1-1-1 through 44 . 1-1-37 , 23 . 0+/- acres total, into 21 lots, 20
of which are to be residential lots on the R-15 portion of the
site (Parcel "B" , 11 . 2+/- acres) , with the R-30 parcel (Parcel
"A", 11 . 8+/- acres) to be developed for a six-bed hospice
facility, located at the Chase Pond site on the north side of
East King Road across from Chase Farm Lane, Residence Districts
R-15 and R-30, and
2 . The Planning Board granted Preliminary Subdivision Approval, with
conditions, for "Chase Pond Subdivision" on October 6, 1992, and
3 . This is an Unlisted Action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, made a
Negative Determination of Environmental Significance on October
6, 1992, and
4 . The Town Board, on November 5, 1992 has approved the location of
the proposed road, open space, and other public facilities for
"Chase Pond Subdivision, " and
5 . The Planning Board, at a Public Hearing held on November 17,
1992, has reviewed the proposed subdivision plat entitled
"Subdivision of Chase Pond" , dated November 11, 1992, prepared by
George schlecht, P.E. , L.S. , a letter from Bernard Malloy dated
November 2, 1992, and other application materials, and
6 . The applicant has requested that, as provided for in the Town' s
Cluster subdivision Regulations, the Planning Board give
consideration to reducing the side yard setback requirement of 15
feet to 10 feet on Lots 1, 3, 4, 5, 11 and 12 due to existing
site constraints such as existing topography and location of
utilities;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Final Subdivision Approval, as shown on the
PLANNING BOARD -5- November 17 , 1992
Final Subdivision Checklist, having determined from the materials
presented that such waiver will result in neither a significant
alteration of the purpose of subdivison control nor the policies
enunciated or implied by the Town Board, and
2. That the Planning Board, as provided for in the Cluster
Subdivision Regulations, hereby reduces the side yard setback
requirement from 15 feet to 10 feet on Lots 1, 3 , 4, and 5, and
3 . That the Planning Board hereby grants Final Subdivision Approval
for the proposed "Chase Pond Subdivision" , consisting of
subdivision of Town of Ithaca Tax Parcels No. 44 . 1--1-1 through
44 . 1-1-37 , 23 . 0+/- acres total, into twenty-one lots, as shown on
a plat entitled "Subdivision of Chase Pond" , dated November 11,
1992, prepared by George Schlecht, P.E . , L. S. , subject to the
following conditions :
a. Submission to and approval by the Town Engineer of an
original and (4) copies of the final subdivision plat
suitable for recording in the Tompkins County Clerk' s
Office, to be revised to show the area to remain as open
space on Parcel "A. "
b. Submission of a deed restriction for the portion of Parcel
"A" to remain as permanent open space (with the exception of
landscaping and minor structures such as a gazebo, park
benches, etc . ) , in a form to be approved by the Town
-� Attorney.
c. Submission of a deed for the proposed trail property to
be dedicated to the Town of Ithaca, in a form to be approved
by the Town Attorney.
d. Submission of a tax and assessment certificate from the
Tompkins County Division of Budget and Finance, or other
department as may be appropriate, indicating that there are
no outstanding taxes or special assessments due on the
property to be subdivided.
e. Submission to and approval by the Town Engineer of a
detailed soil erosion and sedimentation control plan for
Parcel "B" of the subdivision prior to any site disturbance.
f. Completion of the road and other public improvements and
acceptance of all proposed dedications by the Town Board
including sewer easements, water easements, roads, and
drainage easements all as shown on the plat.
g. Approval by the Tompkins County Department of Health of the
proposed public water and sewer facilities .
h. Receipt of appropriate title documentation including title
abstract and deed conveying marketable title to all
improvements to the Town.
PLANNING BOARD -6- November 17 , 1992
r i . Execution of O & M Agreement in form acceptable to the Town
Engineer and Town Attorney.
j . Items a - d to be accomplished before the plat is signed and
filed.
k. Items e - i to be accomplished before issuance of any
building permits for Parcel "A" or "B" unless this
requirement is subsequently modified by the Planning Board
or the Town Board.
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Finch, Cornell, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of Final Subdivision
Approval with respect to Hospicare duly closed at 8 : 08 p.m.
PUBLIC HEARING: CONSIDERATION OF SITE PLAN APPROVAL FOR THE
PROPOSED CONVERSION OF 4,000+/- SQUARE FEET OF AN EXISTING 12,000+/-
SQUARE FOOT BUILDING FROM WAREHOUSE USE TO RETAIL USE ON TOWN OF
ITHACA TAX PARCEL No. 33-3-2 . 8, LOCATED AT 612 ELMIRA ROAD, LIGHT
_. INDUSTRIAL DISTRICT. THOMAS BELL, OWNER/APPLICANT.
Chairperson Grigorov declared the Public Hearing in the
above-noted matter duly opened at 8:09 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted above.
Attorney William Seldin addressed the Board stating that he was
representing the interests of Mr. Thomas Bell. Attorney Seldin
stated that, as a preliminary statement, Town Planner Floyd Forman
was nice enough to have some discussion with him about Mr. Bell ' s
application and that prompted some further discussion with Mr. Forman
and Town Attorney John Barney. The problem is that Mr. Bell' s site
plan has been grandfathered in under a recent amendment to the Zoning
Ordinance which, in effect, says that if you submit a site plan that
is substantially completed as a form prior to the enactment of the
admendment, then you do not have to comply with certain features of
the new law that exist afterwards. Attorney Seldin stated that his
concern on behalf of Mr. Bell was the fact that they had received a
list of concerns issued by Mr. Forman on behalf of the Planning
Board, nine items of concern, received today, November 17, 1992 .
Attorney Seldin stated that he and Mr. Bell felt they did not have
sufficient opportunity to address these items, adding that what he
would like to do is to work with Mr. Forman to satisfy the concerns
before bringing the matter back before the Board. If there are
matters that Attorney Seldin, Mr. Bell and Mr. Forman cannot agree
on, then those deserve the Board' s attention. The hope is that items
✓ I through 9 will be resolved to the Board' s satisfaction.
PLANNING BOARD -7- November 17 , 1992
Attorney Seldin concluded by stating that there had been a lot of
courtesy extended by the Planning Department to Mr. Bell regarding
his application.
Town Planner Floyd Forman stated that he appreciated Attorney
Seldin' s kind words, adding that, for the Board' s information,
significant time was spent on this matter, and further adding that
what Mr. Bell needs to do is to sit down with his engineer and take
care of the items that have been raised. Mr. Forman stated that the
Planning Department will gladly review the plat but the Planning
Department cannot go over item for item for Mr. Bell . Attorney
Seldin stated that what he has indicated to Mr. Bell is that the
Planning Department has a lot of things to do and will not be his
engineer; a lot of refinements need to be done by Mr. Bell and his
engineer.
Planning Board Member Lesser asked Mr. Forman what the access and
traffic considerations might be if this proposal is brought before
the Board again. Mr. Forman stated that the only traffic
consideration that he sees is Mancini Drive coming out to Route 13 .
There are no traffic considerations in terms of the number of cars
going down there; it is a light industrial zone and a light
industrial area -- mainly trucks coming in and out. The only traffic
concern raised was pedestrians coming into an area where trucks may
be pulling in but, other than that, the only concern is cars exiting
out of Mancini Drive, especially if taking a left to get back into
the City; it may be a hard thing to do.
There appearing to be no further discussion, Chairperson Grigorov
asked if anyone were prepared to offer a motion.
MOTION by William Lesser, seconded by Herbert Finch.
RESOLVED, by the Town of Ithaca Planning Board, that the Public
Hearing in the matter of the Thomas Bell proposal to convert a
portion of a warehouse use to a retail use be and hereby is adjourned
to January 19, 1993 .
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Cornell, Finch, Langhans, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Grigorov declared the matter of the Consideration of
Site Plan Approval for proposed conversion of a warehouse owned by
Thomas Bell duly adjourned at 8: 20 p.m.
AGENDA ITEM: REPORT OF THE TOWN PLANNER
Town Planner Floyd Forman stated that he expects the GEIS report
will be in in early December which gives the Board thirty days to
make a determination, again, of completeness . This means that Mr.
PLANNING BOARD -8- November 17 , 1992
Forman, Attorney Barney, Ken Gordon, and Town Engineer Dan Walker
r will be reading the GEIS report and giving a report to the Board.
Mr. Forman also stated that earlier he had given his report on
the Comprehensive Plan to the Board.
Mr. Forman asked Planning Board Member Herbert Finch if he wanted
to speak about the New York State Planning Federation Planning and
Zoning Institute held in Niagara Falls, New York from November 8 -
11, 1992 . Mr. Finch stated that the trend of the speakers was
smaller was better. One speaker spoke very encouragingly about the
capacity to do a Comprehensive Plan and a SEQR at the same time,
thereby saving as much as a year in situations where they have done
this, and a lot of energy meeting public presentations and reviews .
Mr. Finch stated that he attended two sessions entitled Basic
School. One session was very good, while the second one got kind of
repetitive. Both sessions were given by Dick Boos, who is a good
speaker and a vigorous fellow with a lot of experience. Mr. Finch
also stated that he attended the session on wetlands which was not
very helpful . The session on wetlands pertained to how great
wetlands are instead of what to do about them.
It was noted that Assistant Town Planner George Frantz also
attended this meeting.
r. A discussion followed among the Board Members as to wetlands.
Mr. Forman stated that the Corps of Engineers has books explaining
what they consider wetlands .
AGENDA ITEM: APPROVAL OF MINUTES - February 18, 1992
MOTION by Herbert Finch, seconded by Virginia Langhans:
RESOLVED, that the Minutes of the Town of Ithaca Planning Board
Meeting of February 18, 1992, be and hereby are approved with the
following correction:
1 . That, on Page 10,, under Report Of The Town Planner, second
paragraph, the word funds be changed to plans .
There being no further discussion, the Chair called for a vote.
Aye - Grigorov, Kenerson, Baker, Cornell, Finch, Langhans, Lesser.
Nay - None.
The MOTION was declared to be carried unanimously.
OTHER BUSINESS
Chairperson Grigorov stated that there was no other business to
come before the Board.
ADJOURNMENT
PLANNING BOARD -9- November 17 , 1992
i-� Upon Motion, Chairperson Grigorov declared the November 17 , 1992
meeting of the Town of Ithaca Planning Board duly adjourned at 8:42
p.m.
Respectfully submitted,
Wilma J. Hornback, Recording Secretary
Nancy M. Fuller, Secretary
Town of Ithaca Planning Board.
Mrs. Carolyn Grigorov
Chairperson
Town of Ithaca Planning Board
126 East Seneca Street
Ithaca,New York 14850 November 9, 1992
Dear Mrs.Grigorov
We understand that the Town of Ithaca Planning Board will soon be taking up the proposed
Comprehensive Plan prepared by the Town of Ithaca Comprehensive PIanning Committee.We appreciate
that a dedicated committee of townspeople has committed four years to the preparation of this plan and is
most anxious to see the review process completed.We also know that the plan is three years behind
schedule and that it has considerably exceeded original estimates of cost.
We believe,after having reviewed the Future Land Use Patterns map on page 4-36A in Chapter 4 of the
proposed plan, that the plan will have a profound effect on every person now living and/or working in
Ithaca and Tompkins County for the next generation and beyond.We would, therefore,like the
opportunity to discuss our concerns with the planning board.
We urge you to hold work sessions on the draft plan in every neighborhood in the Town of Ithaca and
neighboring municipalities in facilities capable of seating 200-300 people so that people will feel
comfortable in raising specific questions relating to their individual situation, their neighborhood,and,if
they choose, questions about our greater Ithaca community as a whole.We note that the Comprehensive
Planning Program Analysis prepared by Stuart 1.Brown Associates states the following: "In endorsing the
goal and objectives, the CPS(Comprehensive Planning Subcommittee)has expressed their concerns that
growth management, the appropriate use of land and community participation are the three most
important issues that thould be addressed by the Planning Board".We concur with their concerns.The
work sessions are essential to make sure that the plan you finally adopt is the best plan for the community
as a whole.
We look foward to the opportunity to participate in these work sessions.If you need our assistance in
setting up these meetings please contact Noel Desch.
Very truly yours
The undersigned Citizens of Ithaca
EXHIBIT # 1
5
Letter to Carolyn Grigorov/Cbair Town Planning Board
November 9, 1992
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EXHIBIT # 2
Letter to Carolyn Grigorov/Chair Town Planning Board
November 9, 1992
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EXHIBIT #3
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The Ithaca Journal Thursday' Novemhpr 12 1992 ;
•
?1" TOWN OF ITHACA
NPLANNING BOARD
OTICE OF PUBLIC
`HEARINGS- 5.
yTUES., NOV. 17, 1992
-or
f the la n nfggt Boahe rd Chairman
.TICE It HERE"& GIVEN that
Public Hearings will be held
by the Planning Board of the
Town Of Ithaca on Tuesday,
November 17, 1992, i
Town Hall, 126 East Seneca
Street, Ithaca, NY, at the fol.
owing times NY at
the fol.
owing matters:
7:35 P.M. Consideration of
Final Subdivision Approval
for the proposed subdivision
0T. 4,4.1-1.1 Tthrrough
'44.1.1.37, 23.0± acres total,
:into 21; lots, 20 of which are
1]
to be residential lots on'tfic
eastern portion of the --site
(11.2± acres), with the west
ern pportion of the parcel
(11.8± acres) to be devel
f6cil forsix-bed hospice
Pro``'ects located at
the Chase Pand site on East
King Road across from Chase
Farm Lane, 'Residence Dis.
tricts R•30 and R-15. Pro -Oct
received Preliminary Subdivi-
sion Approval with conditions''
on October 6 1992. Citi-
zens Savings bank, Owner;'
Hospicare of .Tompkinsi
Coun , A plicanh Peter',
New7:55ePMrcConsideration ofl
Site"Plan Approval for a pro.
posed conversion of 4,000±
square feet of an existing
12,000± square foot
building from warehouse use
to retail use on Town of Ithaca
Tax Parcel No. 33.3.2.8, lo.
cated at 612 Elmira Road,
Light Industrial District.
Thomas Bell, Owner/
Applicant. JJ
Said Planning Board will at _I
said times and said place )
hear all persons in support of
such matter or -able
thereto. Persons
by agent or in pemrsooy apn.
Joan L. Hamilton
Town Clerk I
273.1721 1
Vovember 12, 1992 .1