HomeMy WebLinkAboutTB Minutes 1988-09-28TOWN OF ITHACA
SPECIAL TOWN BOARD MEETING
September 28, 1988
At a Special Meeting of the Town Board of the Town of Ithaca,
Tcarpkins Coimty, New York, held at the National Cash Register
Cafeteria, 950 Danby Road, Ithaca, New York, on the 28th day of
September, 1988, there were;
PRESENT;
ABSENT;
ALSO PRESENT:
Noel Desch, Supervisor
Henry McPeak, Councilman
Shirley Raffensperger, Councilwcman
Robert Bartholf, Councilman
Patricia Leary, Councilwcman
Thcraas Cardman, Coxmcilman
Susan Beeners, Town Planner
Laura Holniberg, 1109 Taughannock Boulevard
Song Kyong, 220 Highgate Road
Bob Leathers, 909 V^ckoff Road
Paula F. Weiss, 523 East State Street
Sarah Hawley, 273 Bundy Road
Paul Bradshaw, 956 Snyder Hill Road
Lenny Fromkes, 59 Palroear Road
Sharon Lucatelli, 106 Grove Place
Sheila Lucatelli, 1456 Trumansburg Road
William A. Grover, Sr., 1486 Trumansburg
Road
Athena Grover, 1486 Trumansburg Road
Dora Bush, 1490 Trumansburg Road
Karl Niklas, 1005 Danby Road
Edward D. Cobb, 1005 Danby Road
John Bowers, 1406 Trumansburg Road
Celia Bowers, 1406 Trumansburg Road
Krys Cail, 337 Dubois Road, Trumansburg
Judy Cone, 211 Perry City Road,
Trumansburg
Pat Hall, 296 Hayts Road
Gerald D. Hall, 296 Hayts Road
June Walden, 121 Hopkins Road
Gordon Walden, 121 Hoj^ins Road
Mel Ellis, 118 Bundy Road
Aileen Ellis, 118 Bundy Road
Haixis Sanders, 1201 Trumansburg Road
Estella Sanders, 1201 Trumansburg Road
Roger McCmber, 1128 Trumansburg Road
Elliott Lauderdale, 381 Stone Quarry Road
Lydia Hillman, 370 Stone Quarry Road
Mary DiGiaccmo, 1025 Hanshaw Road
Alfred DiGiaccano, 1025 Hanshaw Road
Robin Goodloe, 337 Stone Quarry Road
Robert L. Kenerson, 1465 Mecklenburg Road
Michael Goodfriend, 1105 Trumansburg Road
Jo Anne Goodfriend, 1212 Tnmiansburg Road
Frank Hanshaw, 4 Lower Place
Nancy Boodley, 199 Iradell Road
John Harman, 118 Iradell Road
Peter E. Zaharis, 145 Iradell Road
Sarah Adams, 112 West Marshall Street
Vicki Romanoff, 112 West Marshall Street
Tcfwn Board Minutes 2 September 2&, 1988
Kenga M. Gergely, 106 Juniper Drive
Paul Glover, 1399 Slaterville Road
Laura Marks, 301 King Road, East
Bruce Rich, 253 Dubois Road
Steven Heslop, 242 Dubois Road
Lani Peck, 516 Chestnut Street
Doris Neimeth, 205 Fallview
Anna Lucas, 154 Bundy Road
Donna Van Order, 128 Bundy Road
Celia Bolyard, 13 Hillcrest Drive
Doria Higgins, 2 Hillcrest Drive
Helen Slepetis, 15 Hillcrest Drive
L. C. Bolyard, 13 Hillcrest Drive
Gene Ball, 1317 Trumansburg Road
Heather Weiss, 105 Dubois Road
John Weiss, 105 Dubois Road
Salvatore Grippi, 423 East Seneca Street
Rosalind Grippi, 423 East Seneca Street
Dan Clement, 570 Dubois Road, Trumansburg
Sal Taner, 1655 Taughannock Boulevard,
Trumansburg
G. J. Vignaux, 1470 Trumansburg Road
Betty Kenjerska, 230 Hayts Road
Tony Kenjerska, 230 Hayts Road
Deborah Hildreth, 1415 Trumansburg Road
William Hildreth, 1415 Trumansburg Road
Mary Poyer, 1435 Trumansburg Road
Sandy Voorheis, Trumansburg
William Hooton, 1235 Trumansburg Road
Eva Hooton, 1235 Trumansburg Road
John Whitc(3rib, 233 Troy Road
PLEDGE OF ALLEGIANCE
The Supervisor led the assemblage in the Pledge of Allegiance.
PUBLIC HEARING TO CONSIDER A LOZAL LAW REZONING A 15.86 ACRE
PORTION OF TOWN OF ITHACA TAX PARCEL NO. 6-24-4--14.2, LOCATED AT
1290 TRUMANSBURG ROAD, 48.86 ACRES TOTAL, FROM RESIDENCE DISTRICT
R-15 TO BUSINESS DISTRICT "B", AND WITH RESPECT TO THE PROPOSED
REZONING OF A 12 ACRE PORTION OF SAID TAX PARCEL FROM RESIDENCE
DISTRICT R--15 TO MULTIPLE RESIDENCE DISTRICT
Proof of posting and publication of a notice of a public hearing to
consider a local law rezoning a 15.86 acre portion of Town of
Ithaca Tax Parcel No. 6-24-4-14.2, located at 1290 Trumansburg
Road, 48.86 acres total, from Residence District R-15 to Business
District "B", and with respect to the proposed rezoning of a 12
acre portion of said Tax parcel from Residence District R-15 to
Multiple Residence District having been presented by the Town
Clerk, the Si:5)ervisor opened the pi±>lic hearing.
Celia Bowers, 1406 Trumansburg Road stated that almost 10,000 cars
would be using the hospital access light daily, not less than 2,000
as was previously estimated by the Town staff and the developers.
George Frantz did in fact initiate a traffic coimt at the hospital
entrance on Route 96 after my husband and I demonstrated to him
that the figures that the Town Planners were using for hospital
traffic would allow people to go to work in the hospital ccmplex
but made absolutely no provision for them every returning home
again. He has put these new traffic figures before the Board,
however, he and Ms. Beeners have yet, to her knowledge, to
acknowledge that the traffic generated by the Kyong neighborhood
shopping center are equally wide and want. They sinply accepted
Tcwn Beard Minutes 3 September 28, 1988
the developers own figures for the traffic that would be generated
by the Kyong neighborhood shopping center. The Town Planners
should check the developers assertions and figure vdiich might very
well tend to minimize the intpact of the developers plans. In the
case of traffic generation, the Town itself by it*s up to date
traffic generation data which give average traffic generation
figures for every possible kind of development, schools,
neighborhood shopping centers, hospitals, garages, large malls,
small malls, restaurants, etc. Supporting the Kyong project, Ms.
Beeners has consistently said to the Town Board, her belief, that
the mall plus the apartments would generate less traffic than the
development of the property imder the current R-15 zoning. A
glance at the research volumes vAiich the Town provides for planners
use would have demonstrated that this sittply is not accurate. 650
car trips a day differs from 4,150 a factor larger than six. It
is of the greatest importance that the Town Planners give objective
facts not personal opinions to the Town Board and to the public.
The Town Board simply cannot do its job unless the material it is
presented with is as accurate as possible. How can Board members
accurately access the irtpact of the Kyong project or other
developments imless the Town staff provides them with objective
data. She stated that she realized it was late in the day for the
Town Board to take accovint of a v^ole new set of facts but she saw
no alternative as she hoped and believed that no member of the
Ithaca Town Board would wish to impose 4,150 extra car trips daily
at the hospital access light and the neighborhood of West Hill.
Doria Higgins, 2 Hillcrest Drive stated that as she saw it the
situation involving the Kyong project is not becoming clearer as
the months go by but it is becoming more confused. Changes have
been made and information has has been given you vhich in some
cases is inaccurate and in others simply doesn't make sense. This
confusion about the facts in the Kyong situation is compounded for
you because you do not have just the Kyong project to follow but
you have many other issues to deal with. We do not see how you
manage to process the enormous amount of material you are asked to
review month after month. She stated that she imderstood that at
the Septernber 12th Town Board meeting on of the reasons mentioned
for not acquiescing to Eddy's request for rezoning of his 20 acres
on Route 13 was to wait until the carpr^ensive plan is carpleted.
It seemed to her that the wisest and most prudent thing, for you
our Town Board, to do night is to either vote no to the Kyong
project or to place in on hold as you did with the Eddydale project
until a comprehensive plan acceptable to the ccnmunity has been
completed. This is no time for you to vote for drastic rezoning
\diich is not for the 'public good and vMch is against the majority
of the publics wishes. She stated that she did not see how the
Board could in good conscience vote in favor of the Kyong project
as this time v^en so many loose end remain to be clarified and
resolved and corrected.
Srpervisor Desch remarked that the Town Board had voted against the
Eddydale project, it's dead, it's not on hold.
Rosalind Grippi, 423 East Seneca Street stated that she and her
husband own the property next to the Kyongs. She stated that she
wanted to speak first about the proposed multiple housing district
v^oh in her view will not serve the public good. A developers
apartment house complex is a building constructed primarily for
profit and does not necessarily benefit renters. A large majority
of apartments on West Hill are now provided in private hones and
this supply should increase with the new subdivision coming up onto
R-15 and R-30 zones. Dr. and Mrs. Kyong state that their multiple
housing units will be rented to small families, the elderly and
mobile singles. However, these rents will not be inexpensive.
They will be in the range of $800 or more a month. Such rentals
Town Board Minutes 4 September 2Q, 1988
will encourage individual homeowners to raise rents in apartments
in their buildings. The result will be an inflation of rentals on
West Hill that will work against tenants. This was the experience
on East Hill v^en new apartments complexes were constructed.
Density in each apartment increased in rent sharing schemes. M^y
individuals, couples and families and the elderly were priced out
and the neighborhoods were demolished. Dr. Kyong once said that if
we don't accept a multiple housing district we would have greater
density because every R-15 house built on the 12 acres for Wiich he
now seeks rezoning will have an apartment. By their own reconing
the Kyongs would plan for 35 homes in the 12 acres and, therefore,
35 apartments as well. In her view this was not bad because this
would add apartments with no change in zoning and no objections
fran neighbors. Also, she stated that she did not believe the
rental unit and apartment situation on West Hill has been properly
siarveyed. The only figures given are that there are 77 apartments
at Candlewyck and 7 more going up at the Odd Fellows. We have been
told again and again that there is a 2% vacancy rate but that
applies to all of urban Ithaca. No special survey was made for
West Hill in the area of the Town and yet here we are arguing about
rezoning for a multiple housing district. What is the character of
rentals on West Hill, \diat exactly is needed at vdiat price range?
West Hill has no caitpus it is not the same as East Hill. It has a
different character and different needs. Have the necessary
information to vote for a multiple housing district against the
opposition of the neighborhood, she thought not. Good planning
demands that such questions be answered and that hard facts be
presented before any decision on rezoning is made. She felt it was
also pertinent to talk about the contour of the land. At one
meeting it was point out that unlike Candlewyck the Kyong rental
lanits are on the upgrade of Trumansburg Road. A position that
magnifies the dcminance and height of the dwellings and their
intrusion upon the landscape. We were told that the architects had
considered this and it was no problem, the rental ccraplex was
planned to be located beyond the crest of the hill minimizing the
otherwise unfortunate effect. She stated that she herself had
visited the site and observed that the multiple residence area is
planned on the steep rise of the hill, the hill does not crest
before the water tower and then it flattens just past the water
tower toward Hopkins Road.
Mrs. Grippi went on to say that she also wanted to speak about
procedures that have been followed in regard to the Kyong property.
The Planning Board approved the Kyong project and passed it on to
the Town Board even though the Kyong' s admission contained
inaccuracies and serious emissions seme of v^ch have been brought
to your attention by the public. These include errors in the
environmental assessment report, for exaiiple that the stream was
not a concern of DEC. Omission in identification of adjacent
properties, location relative to historic properties and
identification of the neighborhood area. It includes an error in
the map, inaccuraties on traffic vdiich was brought to our attention
tonight and possibly also population anticipated. There are no
statistics to support a new multiple housing district on West Hill.
There is an inadequate study of the land relative to appearance of
the multiple residence district and there is also an inaccurate
study of the dedication land. The park is next to the NYSEG
substation for exairple, there is not even the identity of the
ccnroercial facility that will be open there. When it was first
unvailed at the Town Board level the submission had one access
road, nine pages of architectural and landscape design ranging from.
Goth inspired trussing and rib construction to mission style and it
also included a Victorian. A widows watch, two towers one of v^ich
was hexagonal, none of vMch was planned to be built. In the words
of the architect, these images were to taken as victorial
description of the feel of the development. As it turned out it
Town Board Minutes 5 September 29, 1988
was more ephemeral than that. At the next hearing we were
presented instead with familiar four sided buildings with peaked or
gabled roofs vdiich bore not relationship in feel or in anyother way
with the original submission. Nonetheless this to was acceptable
to the Planning Board and passed on to the public. During the
hearings road accesses too had changed from one to two or three
access roads and possibly involving not only Trumansburg Road but
also Hayts Road. She stated that now she understood it was again
changed, emitting Hayts access. She stated that it was her
underst^ding that irregardless that the submission was continually
influxed and the determinate in access starter facilities the
Planning Board awaited Town Board approval. That would have meant
that the Town Board would change the zoning and then it would go
back to the Planning Board and developers to work out the final
design. Access roads and architectural design are treated as
secondary matters and could be determined without benefit of input
from the public and indeed without approval of our elected
officials. Zoning first, access determinations later. The public
wants a voice in vtot is being laid out in their mid's, vtot they
will be living with and vdiat generations of Ithacans will inherit
as their visual environment. Ithaca is beautiful because of it's
landscape but we are intruding upon it's beauty, it is rare today
that building, especially subdivision buildings, enhance nature.
We must make every opportunity to make the best use of every inch
of natural beauty we replace. To take every caution, the Planning
Board must be demanding in si±mission it accepts, before proposals
are passed on to the public and Town Board they must be severly
scrutinized, criticized, documented and evaluated. The subdivision
and zoning ordinances state that the Planning Board is obliged to
protect existing character of neighborhoods in making its
reccramendations for change. That alternative sites be explored,
that subdivisions be harmoneous with previous patterns of
development, that there be studies of the contour of the land, that
reserves turned over to the Town by developers for park and
playgroimd use be suitable for such. These determinations were
lacking or deficient in the case of the Kyong project.
Supervisor Desch remarked that he would like to make one
correction, built into this local law vdiich most have seen, there
is an extra step and that is that the site plan has to come back to
the Town Board. So elected officials will be involved in the final
site plan.
Mrs. Grippi asked, is that in zoning or zoning subdivisions?
Sx:ipervisor Desch replied, it's built into the local law having to
do with the zoning.
Paul Bradshaw, 956 Snyder Hill Road noting the document that was
handed out, went on to say that scmeone has done a great deal of
nice research and they have seme up with the fact that the traffic
increase is going to be 4,150, he assumed this was cars, and
because there was going to be a Kyong development. Mr. Bradshaw
went on to say that his thought on this was that if they were going
to be going to the Kyong praject, then these 4,150 cars will not be
going through the Octopus. Anything that does not go through the
Octopus and reduces that he was all for it.
Krys Gail, 337 Dubois Road, Town of Ulysses, stated that v^en she
had spoke to the Board at a previous public hearing on this
proposed in zoning law that she had address the lack of elonentary
school space for this neighborhood. She stated that although she
was not a resident of the Town of Ithaca she was located about a
miles from the proposed ccnmercial and residential development and
is in the same elementary school district as the area in question.
Since she last spoke, plans have been made to add on to the Enfield
Town Board Minutes 6 Septoonber 29, 1988
Elementary School although this year the school has had to function
without a music rocm and without an art room. Current tas^yers
throughout the Ithaca City School District may want to reflect upon
\(^at responsibilities developers have, if any, to contribute to the
capital improvements necessary to acccninodate the population growth
with accotpanies residential developments. We may also want to
send a message to our elected representatives to do everything they
can to keep the increase in population within manageable limits.
Presumably they also pay school taxes, either directly or
indirectly. Since that time she has come to believe that the
greatest impact that the neighborhood would suffer if the law were
changed to allow the proposed development to be built would be in
the area of traffic increase. The figures you have been presented
with by both the developer and your own planners are not in
agreement with those vAiich the citizens have come up with. She
went on to say that she was a resident of the neighborhood under
discussion tonight, as well as a resident of the Town of Ulysses.
The proposed change in zoning law as well as the specific
development under consideration would have significant effects on
Ulysses residents due to its location very near the border of the
Town of Ithaca and the Town of Ulysses on the main traffic arterial
through the Town of Ulysses. Two locally owned and operated
convenience stores. Weaver's and the Cut Up would be ccnpeting with
the proposed convenience store located at the proposed project.
The Cut Up also serves and delivers pizza. She went on to say that
had we had our meeting at the Mayer's School tonight she was going
to call an order pizza for the Board, unfortimately since we didn't
have it there you missed out on the snack. They will deliver to
the area. They also deliver sandwiches and deli items. Weaver's
also carries gasoline and propane. She stated that her
understanding was that Ms. Beeners included a number of Ulysses
residents in her figures v^en counting perspective shoppers at the
perspective neighborhood shopping center but failed to recognize
the extent of the neighborhood services available currently in the
Ulysses section of the neighborhood. This kind of error could have
been avoided through consultation with our Town Clerk v^o has on
record the areas under ccmmercial use near this project in our
Town. Additionally you have been presented with square footage of
shopping space figures derived from urban planning text formulas.
Ulysses residents in the area are in fact not urban residents. The
shopping habits of rural residents can be expected to differ
sanev^at from urban consumers. She stated that she sincerely hoped
that if you do not choose to deny this change of zoning law this
evening, vMch are neighborhood has clearly asked you to do, that
you at least make the Town of Ulysses a part of the planning
process in an official way. Most Ulysses residents use Route 96
daily and the creation of a dangerous intersection will have an
everyday impact. Also, our zoning ordinance and review ccnmittee
is currently working on recoranendations on zoning issues and is
very up to date on the locations of sein^ices v^ch may already
exist to serve the needs you Town Planner has determined we may
have for shopping space in the Town of Ithaca. If you want us to
patronize you ccmmercial areas you can imagine that we might want
you to patronize ours vdiich are already operating with substantial
coimunity acceptance and support. At the very least, she stated
that she would like to caution the Board to demand truly accurate
figures frcm your staff regarding traffic inpact and if there is an
accident you can depend on defending those figiores in court.
Dan Clement, Dubois Road, Town of Ulysses, stated that he would
like to make a very brief comment. Mr. Clement stated that he was
looking forward to this vote because he felt it was really a vote
as to whether there are zoning laws in the Town of Ithaca. If you
make exceptions to the laws, v^en there aren't exceptional
situations or exception needs, there may be laws on the books but
they are in name only.
Town Board Minutes 7 September 20, 1988
John Bowers, 1406 Truinansburg Road stated that he would like to
summarize very briefly. Mr. Bowers went on to say that the main
points of the West Hill Neighborhood Association were first, we
feel that no major zoning changes should be made until the
ccaiipr^ensive plan is in. Two, we do not think that we need a
shopping center so close to \^ere the possible new Route 96 is
going to end and besides that the uncertainty as to v^ere it is
going to end makes it premature to put a shopping center in at the
location the Kyong's are proposing. Third, we feel that there is
not enough population at present on the West Hill to support a mall
of this size and we feel that there is not enough evidence that the
population of Ithaca is going to grow or the population of West
Hill is going to grow to the point vhere such a mall would be
needed. Fourth, the residents on West Hill, nobody on West Hill
lives further than 10 minutes frcm downtown and 95% of people that
he has talked to and the people in his organization have -talked to,
are willing to drive -that far and feel -that they don't need the
services -that would be available in -the Kyong mall. Fifth, -there
are other projected shopping areas within five minutes of -the
hospi-tal over vdiich the Town has no con-trol over anyway, notably
-the one -that is on the Perry City Road. Also, there are new
shopping malls proposed in Trumansburg itself. Six, with regard to
mul-tiple residence we feel -that the cotirrunity would be better
served by single family houses with apartments at a reasonable rent
other than upscaled mul-tiple residence units of -the sort that are
being proposed. Se-venth, we feel that the hospital access and the
traffic congestion, produced by -the Kyong mall, would be absolutely
and cotpletely intolerable, not only for -the residents of the area
but for anyone \^o happens to be going -through -the area. Eight, we
feel -that for -the same reason that -traffic would effect all
West....I'm sorry, I just said that. Nineth, -the people vho live
on West Hill wish to preserve basically residential, institutional
and medical character of the neighborhood, not changing it into a
conmercial area and that's vhat the present zoning say it should be
and -that's vhat we would like it to s-tay. Tenth, vhat is the point
of a neighborhood shopping center vhich the neighborhood has
resoundingly said it did not want. This is a democracy he thought,
vhere the people ha-ve made their choice clear.
Lenny Frcmkes, s-tated that he had heard a number of ccsnments about
the -traffic and the crowding and he said -that he could tell the
Board, frcm living in the Northeast area, is very convenient but it
is also getting extremely crowded. It may be fair to people vho
live downtown or the Northeast area -to have the full run of -the
West Hill t:raffic forced on them just because there is no
neighborhood center on the West Hill for those residents to use
themselves. He s-tated that he was in favor of a well planned
service center and additional ren-tal units. The East Hill is
getting totally jaiimed and we need additional space to grow. He
s-tated that he felt that the residents of West Hill need to share
in the growth and responsibility for the entire Tcnpkins County.
Alfred DiGiaccmo, 1025 Hanshaw Road st:ated that the did not live on
West Hill but he could sympathize with the people on West Hill with
the in-troduction of a ccatipletely new development. They are faced
with the classic dilemma of ^ere do you put the lit-tle
neighborhood store. Faced wi-th the classic dilemma of vhere to we
house our children, faced with the classic dilemma of vhere do we
place our children after they have grown, married and left the
house. These decisions will all be determined by the market place.
West Hill will vindoubtedly grow, may be not now but in the future.
It is one of the few places left to grow. Agricultural farm land
becomes uneconomical to maintain. These are things for the future.
He went on to say that he woxild recommend that you postpone a
decision on this until a comprehensive plan is made and until the
City has made a decision on Route 96.
Tcfwn Board Minutes 8 September 28, 1988
As no one else present wished to speak, the Supervisor closed the
public hearing. He then asked the Board for their coiinents.
Councilwcman Leary asked the Assistant Planner about a memo he had
written to the Board stated that the reevaluation of the traffic
impact and that it would be available at the public hearing.
Assistant Planner George Frantz replied, we did find out that yes,
traffic entering and exiting the hospital entrance drive is
approximately 4,900 vehicles per day. Mrs. Bowers has given the
traffic volume out of the Kyong project and he stated that he could
not evaluate this because he did not know vdiat type of stores she
used because traffic differs depending on the type of store used.
Mrs. Bowers replied that she would be glad to shew how she had
gotten her figures.
Mr. Frantz stated that all he got was 160 seme vehicles per
thousand square feet and he did not know v^iat type of retail
establishments generates this.
Mrs. Bowers stated that she did take the opportunity to look at the
index of the book Mr. Frantz was looking at and it gave several
sets of figures for various types of malls and one of them was
called a neighborhood shopping center and it did list things like
banks, deli, it allowed restaurants v^ch this zoning does not, and
therefore, she felt it was lower, it gave a figure of 1,660 car
trips per day for 10,000 square feet and she had rounded out the
Kyong development at 2,100 square feet and came \sp with 2,600. She
thought that with the apartments she said 30 of them would have
three tenants and 30 would have four tenants. With the houses she
had given each house an apartment and calculated half the
apartments at single tenants and half at with family tenants and
worked out the figures from there. She stated that she had worked
very hard to up the figures for R-15 car trips, as much as
possible, and she had checked the figures with Cornell. Over 1,500
car tips per day for each 10,000 square footage of commercial,
retail space seams to be on the low end of the scale. The acreage
is irrelevant. She felt these were really low figures.
Mr. Frantz replied that his question was viiat type of retail
because again, it varies across the wide spectrum.
Supervisor Desch remarked that he had two problems. One is
obviously we need to have the developer go back and do v^tever
additional studies are necessary and to either say they are totally
wrong and here is \^y or they are okay or v^tever. Secondly, we
have one Town Board mamber who is not with us this evening and with
the amount of time we have all spent on this project he felt it was
only fair for this particular individual to have the opportunity to
vote ^en the voting time ccmes. So the combination of those two
things make him pretty uncomfortable in making a decision tonight.
Councilman McPeak remarked that he had been through four of the
public hearings and as he listened here tonight, the complaints
seen to circulate about the commercial development in this area,
some^ere around 20,000 square feet. He went on to ask if those in
opposition, if it was just a housing development would there be
this opposition?
Some in the audi^ce replied, yes.
Councilman McPeak replied, so in other words you don't want
anything.
Somebody replied, it depends on vdiat kind of housing.
Tofwn Board Minutes 9 September 28, 1988
Supervisor Desch remarked, we have heard many times opposition to
any rezoning.
Councilwoman Leary remarked that her main question is about the
rental. She stated that she had heard a lot of statements about
the public good and in her mind, the kind of crucial question is
the rent question. Whether it will be $800 or \i^ether it will be
affordable housing that will acconmodate many of the workers on
Wiest Hill for exaitple. She stated that her thinking was brought on
with the affordable housing seminar that was held a couple of weeks
ago up at Ithaca College. There are creative solutions that a
municipality may be able to work out with developers to actually
guarantee that the housing that does go up will be affordable to
middle incane and low-middle inccroe people and that there is a nice
mix so that you don't get just one of one kind. She stated that
she had looked into that a little bit and talked to seme people in
the City Planning Department and there may be ways, they called it
contract zoning, to work out an agreement with the developer that's
referred to in the law, and it would go with the land. So if they
sold it two years later it wouldn't just disappear it would be with
the deed forever. Kind of working out seme sort of portion of the
rental units targeted, two people of a ceortain income. For
exairple, according to the City Planning Department, 30% of gross
household income is considered affordable rental housing. So using
a formula like that they could set aside a third or some
percentage, that was agreeable, that would be rented to people
below certain income, say $20,000 or something like that. These
kind of details would have to be worked out but it was her
inpression that it was possible but we can't just do it like
tonight, we would need a little while longer to work it out.
Certainly the 2% vacancy rate that was mentioned earlier doesn't
end at the City line. It's a problem for the vdiole community,
certainly the Town as well. That's a group of people, renters, v^o
never come to Town Board meetings, they never speak. But they are
out there. These are people v^o can't afford to buy their first
home and may never be able to buy their first home but they are
there and they are not just students and if anything the location
of the rental units for this project is an ideal location to
accoairocxiate permanent residents because it's not on the two hills
vdiere you have Ithaca College and Cornell. So if anything it would
attract permanent residents. She stated that she felt it was a
need, the question is can we work out some kind of guarantee to the
Town that this will accommodate people vdio need a place to live.
People won't have to commute from Groton in order to work at the
hospital. So that's another reason she was saying the Board should
look into that and may be come up with something creative,
something that might even be a model for later developments of this
type.
Supervisor Desch asked if there was any response, at this time, or
would you like to take it back.
Mr. Robert Leathers replied, the response would be that we do not
intend to charge $800 a month, or at least Mrs. Kyong does not
intend to, and we do not intend to build housing that will cost
$800 a month. The fact is we have always said it would be
affordable housing, we have always said it would be affordable to
the full range of residents that are up in this area. Now v^at
that means is there would be 20 - 30% of that housing that would be
affordable to the lew income. Now we should make it clear that
this is not subsidized housing though. This is in fact housing
that is available at an affordable price but still people paying
for v^t they are getting. Now that is, as you correctly said, 30%
if the total inccms is the maximum for housing. The Federal Census
Bureau defined low income as a single person in a family earning
$17,100 or less. That was based on a October figure of 1987. We
Town Board Minutes 10 September 29, 1988
do feel and we can assure you that it is our intention to make
housing affordable to that level of person and it is in fact
housing that we feel is important to be provided and we do want to
see it provided as part of this. Now, the details of working that
out are very conplex but we do want to work those out. We would
look forward to working those out with the Board and would welccme
the opportunity to do it.
Councilwoman Leaiy replied that she had one question about that.
*** She felt another irportant ccjponent to consider is vdiether you are
j talking about this would be affordable to people making $17,000 if
they triple up in an apartment or can someone have their privacy,
have an apartment to themselves in one single bedroom apartment and
still make $17,000 and still pay only 30% of their income?
Mr. Leathers replied, yes.
Mrs. Kyong replied, the rent would be about $430 a month vMch
would be 30%. We were thinking of between $350 and $650, depending
on how many people were in the apartment and vdiat the income level
was.
Councilwoman Leary asked, so how much would it be for one bedroom?
Mr. Leather replied, we can't say precisely v^at the rents would be
at this point, for obvious reasons, because we have to develop the
plan. But vdiat we are saying is that it will be affordable and to
be affordable it would have to be 30%.
Councilwoman Leary replied, they told me that the standards set by
HUD for Toanpkins County, it's called the fair market rent, is $362
for a one bedroom and $427 for a two bedroom. She stated that she
would prefer to have something like that, once you work out the
details actually on paper. You may have a great idea and great
j intentions but if this ever gets passed along to someone else that
would kind of evaporate with the change of hands so that is v^y
some kind of contract that was agreed to up front it would kind of
assure affordable housing for the area indefinitely.
Mr. Leathers replied, certainly part of the \^ole process of seeing
a project like this through is review at many levels and we would
welcome that review with the Planning Board and you Board. We are
in the conceptual stages now, not the exact details. Mr. leathers
went on to say that from the beginning the assumption has been that
we are providing affordable housing. We have stated that we are
providing affordable housing. We intend to follow through on that
and do that, \^at that means is 20 - 30% of the housing that is
being provided would be affordable to the middle income or lower
middle income individuals. It is defined as a person v^o is making
$17,000 to $20,000 or may be it $21,000 per year if it's two or
three people in the family. Soame people may say it so\inds more
like middle income than low income but that is the definition of
low income as you correctly stated, by HUD. So we do intend to
provide housing that is available to that segment of the
population. It is not going to be $800 plus for the rentals that
are there. Mi^t there be some unit there that would rent for
$800? Yes, that is possible because there is going to be a range
of units there and some of them larger frankly, almost like a
single family house. We don't yet know though if it's going to be
$800 or $700 or $650 or precisely vdiat. But that would be
developed as the plan was developed.
Supervisor Desch suggested that the developer go back and flesh out
the question that Councilwoman Leary has raised to see \(tot is
feasible and desirable.
Town Board Minutes 11 September 25, 1988
Councilwonian Raffensperger remarked, sane time ago we discussed the
possibility of referring this back to the Planning Board. In
thinking about the number of public hearings we have had she stated
that she had been struck by the amount of changes in the plan,
additional information frcm people v^o live in the neighborhood,
additional information from our own staff, all of \f^ch in her
opinion would more properly have been developed at the Planning
Board level in the first place. We have a draft resolution to send
this back to the Planning Board and she takes to heart the sonevdiat
impleasant ccmmunication from the Attorney for Mrs. Kyong, but she
felt that if the Board did send it back to the Planning Boaid the
Town Board needs to be very specific. And if the Boaird is at all
interested in that, she did have a list of matters she felt the
Planning Boaid should develop more fully and then report back to
the Town Board. She stated that she wouldn't go through the long
list unless the Board is interested in thinking about sending it
back to the Planning Board.
Supervisor Desch asked Councilwcman Raffensperger if she would care
to distribute her list to the Town Board and the staff?
Councilwcman Raffensperger agreed to do this.
Laxira Holmberg, attorney for Mrs. Kyong stated that she had one
question vMch she assumed she should direct to Mr. Barney. Mrs.
Holmberg remarked, that she wondered if this concept vMch Ms.
Leary mentions isn't scmevdiat outside of the scope of \diat our
application is for. Our application is for rezoning for a
ccnmercial area and a multiple residence and it's a conceptual
plan. We have attempted over these four hearings to answer
questions, we have generated a lot of questions because we have
attempted to give more detail ^ than you would normally expect for
this kind of application in order to convince people but until
there is a decision made, to go to the kind of expense of planning
specific builds and costs, it seemed to her that it goes outside
that, and is more properly in the providence of vhen it goes back
to the Planning Board after you have made a decision, if you vote
in favor of the project. Certainly we don't have any objection to
the concept that she has mentioned but Mrs. Holmberg stated that
she was just wondering if it's within the scope of our application
for \tot we are asking.
Town Attorney Barney replied that at this juncture he was not sure
he could answer but the process is of course an application and a
general site plan for rezoning. In this instance, two types of
rezoning. Normally, at rezoning there are conditions imposed at
that rezoning point. It is based on a general plan, we are not
asking, he did not think the Tbwn Board was asking for a detail
working drawings of \tot is going up there but conceptually the
conditions, as the Supervisor points out, there were seme
conditions that were suggested a long time ago v^en we drafted the
initial local law. He went on to say that he was not certain,
without doing seme research, but vtot this type of suggestion might
very well be an appropriate condition to impose at the rezoning
saying a specified percentage of the units would be available for
people with low inceme as defined under the federal guidelines. He
went on to say that quite frankly he would have to do a little
thinking about it and talk with the Council person vho is raising
the question.
Councilwcman Leary remarked that it was more of a policy decision,
it's not the kind of thing that a Planning Board, as she understood
what a Planning Board does, looks at because we are not asking for
a physical plan we are aslcing for a general conceptual agreenent
basically what we are asking for it to have it on paper.
Town Board Minutes 12 September 29, 1988
Mrs. Holmberg replied, it very hard to give you dollars and cents
on that.
Councilwcman Leary replied, just percentages anyway. We can talk
about it more but she felt it should be pursued.
Councilwcman Raffensperger stated that she felt the Board should
decide v^ether or not they are going to sent it back to the
Planning Board. She stated that she did not see how the Board
could continue to have this ccme before the Town Board many more
times without either developing the information ourselves or asking
the Planning Board to do it.
Supervisor Desch replied, it seems clear that additional
information is needed on the question of the traffic. We need to
have a response from the developer, we need staff input, we need to
evaluate the proposal that Coiancilwcman Leary is putting forward.
He went on to say that he would think that the timing now goes
pretty much back to the developer to provide the information that
has been disclosed at this last hearing. Then that would ccme back
to the Board and the Board would then decide to either vote for or
against the proposal, hold additional hearings or refer it back to
the Planning Board. He felt it was premature imtil we have had the
opportunity to evaluate those aspects of it.
Councilwcman Leary remarked, unless the questions that Councilwcman
Raffensperger have are specifically Planning Board type questions.
Supeirvisor Desch replied that that is vdiy he felt the Town Board
should look at them.
Councilwcman Raffensperger remarked, they are questions that have
been discussed many times, none of these are any surprise. She
went on to say that she guessed that she really felt, at this
point, that we really, as a matter of procedure ought to at least
consider tonight, now if people are opposed to it fine, we ought to
consider v^ether or not this is not the time to send it back to the
Planning Board asking for this additional information to ccme to
them because frankly she though all of this traffic information
that the Planning Board should have considered before the Planning
Board made a recommendation to the Town Board and before it came to
the Town Board.
Supervisor Desch replied that he thought that if the Board were
going to consider that someone needs to, as you indicated earlier,
specify \tot it is we e:^)ect the Planning Board to do and we
certainly can't do that tonight.
Councilwcman Raffensperger replied that she could. She stated that
she could run through at least seme ideas. Somethings that are not
exclusively her ideas but the public has brought up and every
member of this Board has discussed.
Councilwcman Leary asked if sending it back to the Planning Board
prohibit the discussion she was concerned about, frxxn taking place
at the same time or would that set it back another step?
Supervisor Desch replied that he thought that if the Board were
considering sending it back to the Planning Board, the Board needed
the oppor±unity to look at vdiat the specifics are and agree or
disagree on vtot those specifics are. Now is not the time to rush
through that after having gone through the lengthy process that we
have. Having been the one bringing up that issue first he felt he
was responding to ^lat others have expressed as a concern about
doing that. Speaking to the developer he stated that timing
depends on their response.
Town Board Minutes 13 September 29, 1988
Mr. Leathers replied, first off a lot of the answers to that, we do
have, it is there and we certainly can present. We would welcone
the opportunity at the next Board meeting or vtotever. It won't
take that long and maybe after that you can better judge as to
v^ether or not you have the answers you need to those questions.
He went on to say that as he understands it, particularly traffic,
the uses and vhat is possible within the housing and the type of
housing we are talking about are two of the major things.
Councilwcman Raffensperger stated that she had other concerns. For
exanple, the kind of density that we might anticipate, the use of
Hayts Road she stated that she had seme questions about the
utilities, she had seme questions about a basis analysis of need.
She felt that there needs to be seme clarification in that. She
went on to say that she also would like to have a lot of
clarification about seme of the material that has been presented in
this about the occupancy, your information about the size of the
units, the number of bedroems, the density, occupancy and that sort
of thing. Councilwcman Raffensperger stat^ that she would like to
have the Planning Board clarify the potential for expansion of both
the multiple residence and the ccmmercial. She stated that as she
reads through it, each time it beccmes less clear to her exactly
vtot one would in the future determine to have been the intent of
the Planning Board in making their reccmmendation to the Town Board
and, therefore, the intent we are buying into in rezoning as far as
the potential for ejqjansion is concerned. She stated that she
would like to have an e3q)lanation and that she had asked several
times and it has not been clear to her or she hasn't heard it or
v^tever \f^y we are rezoning the farm house parcel, that concerns
her. And then the vdiole question of how the sewer is going to get
to the site is one of interest to her. She went on to say, so
these are seme of the questions that she had accumulated over the
hearings and she felt do need to be answered.
Mr. Leathers replied, most of those we do have answers to but he
was not sure how ccitplete Councilwcman Raffensperger wanted the
answers.
Supervisor Desch remarked, that is v^y he thought Councilwcman
Raffensperger needed to share her questions with the Board and the
staff.
AEXJOURNMEINT
The meeting was duly adjourned.
^JTcwn Clerk
ArrtoM'iT or wujcatios'
The Ithaca Journal
^ixdi ui ^tfo ^ork, ^Zmnpktns Ctmniy, muz
^&aaI.Sullins
•Jid Myx, tLfet he resides in Ithaca, Coiint>' and state aforesaid and
tiirt he is ..sIs.tM.
of Tbz Iteaca Jouksal a pxiblic De%**spaper printed and published
in IdiBca aforesaid, and that ^ notice, of which the annexed is a true
cop>*, was published in said paper
and that the first publication of said notice was on the
of 19£
.. day
Kotary Fublic.
JEAN FORD
Notary Public, State of New York
No. 4654410
Qualified in Tompkins Count
Commission expires MaytSrf
TOWN.OF ITHACA j
NOTICE OF PUBLIC HEARING j
PLEASE TAKE NOTICE, ihol the ;
Town Board of the Town of j
Ithoco will meet ond conduct ;
-o public heoring on Septem- n
ber 28, 1988 at 7:30 P.M.. ot j
the I Notional Cosh Register j
Corporation Cofeterio. • 950. (
Donby Rood. Ithoco. New j
York, to consider o local low i
rezoning o 15.86 acre portion 1
of Town of Ithoco Tax Porcel i
No. 6-24-4-14.2. located ot J
'1290 Trumonsburg Rood. <
48.86 acres total, from Resi- •
dence District R-15 'td Business
District "B". for the proposed
development of a neighbor
hood commercial service cen
ter, and further, with respect'
to the proposed rezoping of o
12 acre portion of .soid Tox
Parcel from Residency R-15 to
Multipfe Residence ' District.
Qp.Hyon and Song Jo Kyong.
Oy/ners. and will at this ,time
h^pr oil persons in fovor of or
opposed to the adoption of
said local low.
Jean H. Swortwood
Town Clerk
September 21. 1988