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HomeMy WebLinkAboutPB Minutes 1982-06-01 10 TOWN OF ITHACA PLANNING BOARD ot JUNE 1 , 1982 40 The Town of Ithaca Planning Board met in regular session on Tuesday , June 1 , 1982 , in Town . Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Barbara Schultz , James Baker , Bernard Stanton , David Klein , Carolyn Grigorov , Edward Mazza , Lawrence Fabbrorti ( Town Engineer ) , Lewis Cartee ( Town Building Inspector ) , Peter Lovi ( Town Planner ) , Nancy Fuller ( Secretary ) . ALSO PRESENT : Town Councilwoman Shirley Raffensperger , Town Councilman George Kugler , Town Attorney Peter Grossman , James W , Carey , Mary L . Carey , Shirley K . Egan , Tim Smalley , John A . Bent - kowski , Leslie Dotson , Jim Bentkowski , Ron Ronsvalle , Claudia Weisburd , Jerold Weisburd , John Majeroni , Milo Richmond , Suzanne Fullagar , Betty. T . Brown , Fred M , Brown , Laura Huenneke , Evan N . Monkemeyer , Edna B . Clausen , Nathaleen Multari , Joseph 0 . Multari , Roland Marion , Doris G . Marion , Larry Jones , Joe Zichettella , Mary Zichettella , Franklin E . Sharp , Edith. A . Carpenter , Susan Howser , Bob Marion , Kay Marion , Yvonne Marion , David C . Ludington , Catherine Tauber , Maurice Tauber , Paul L . Hartman , Rudolph Tavelli , Bruce Turnbull , Dale Grossman , Catherine Hinkley , Lucy King , Vincent G . Hinkley , Morris Tenenbaum , Howard Kramer , Gerry Kramer , Edith Cassel , Tom Wakula , Larry Rivkin , Ann Rivkin , Ruperto . Mendiones , Dr . Mecenas , Gus Lambrou , George Lambrou , Sherri Klein ( WVBR ) , Tamar Sherman ( _ Ithaca Journal ) , Chairman May declared the Meeting duly opened at 7 : 35 p . m . Chairman May announced that the second Public Hearing scheduled for 8 : 05 p . m , in the matter of the proposed rezoning on East King Road , as pro - posed by Mr . John A . Bentkowski , will not be held , the matter having been withdrawn , REPORT OF THE TOWN BUILDING INSPECTOR , LEWIS D , CARTEE Mr . Cartee distributed copies to each Board member of the May 1982 Building Permits Issued report , noting that 13 permits were issued for $ 467 , 717 . 00 in improvements , as compared with 8 permits having been issued in May of 1981 for $ 129 , 900 . 00 in improvements , Mr . Cartee announced that a Code Enforcement Workshop will be held . at the Montour Falls Fire Academy on June 7th , from 6 : 30 p . m . to 10 : 30 p . m . whereby assistance will be given in the setting up and administering of fire and building; codes and code enforcement policies and procedures . He stated that he will be attending this Workshop and if anyone on the Board were interested in going , he would be happy to take them , REPORT OF THE TOWN PLANNER , PETER M , LOVI Mr . Lovi reported that he had been occupied with staff and preparation - work and computer work . He commented that there is riot. too much to report on the comprehensive plan work and the subdivision regulations although he has spent quite a, bit of time on both , Mr . Lovi reported that the Census material that he, sent for has arrived . Planning Board - 2 - June 1 , 1982 REPORT OF THE TOWN ENGINEER , LAWRENCE P . FABBRONI Mr . Fabbroni reported on the summer Park Program . He described the development of the . Lisa Lane pocket park - - a passive site . He described the possibility of building in the landscaping and walkway through the use of railroad ties . Mr . Fabbroni stated that the project is under the direc - tion of Susan Beeners using in - house labor force , i . e . , Larry Stanton and Rick Brandmayr , Mr . Fabbron. i reported that , contrary to popular predictions , the grass is coming up at the DeWitt Middle School park site . He said that it looked like an 85% take on . the grass development . He added that they hope to go in there now and over - fertilize and get 100% and then we can give it to the experts at the :school district , Mr . Fabbroni reported NET ( Northeast Transit ) has gone through another contract period and that the new seven - month contracts are being circulated for signature , which will take the system tothe end of the year 1982 . He noted that ridership is up over 50% from 1980 - 1981 , He commented that with a few changes in the Fall it is expected that ridership will increase . Mr . Fabbroni noted that with gas costs going down , the ridership figures are very impressive , Mr . Fabbroni stated that just this evening Mrs . Egan , Cornell Univer - sity Associate Counsel , handed him an envelope containing the License Agreement for the East Ithaca Bikeway . He stated that he was very happy to state this , Out , of course , he has not had an opportunity to review its • contents . Mr . Fabbroni reported that discussions continue on the Tompkins County property at the site of the old hospital with regard to utilities . He commented that these discussions are fast coming to a head . Mr . Fabbroni stated that he knows no better than anyone else what is going to happen with the hospital . Mr . Fabbroni reported on the Fall Creek project which. is necessary as an aftermath of the October 1981 flooding . He stated that the shoal will be removed and that he is working with Mr . Tim Smalley of the Cornell Plantations to work out access . He stated that the project will take place in August with fill to be dumped on Cornell lands and easements required in the area of the wildflower gardens . Mr . Fabbroni mentioned some problems that have arisen in connection with the University , particularly in the East Ithaca area , with contractors appearing to think that they operate in the peripheral area of University coverage as on Campus , stating that three times now there has been hooking into Town sewer unbeknownst to the Town , He stated that at least now the Town will be involved in inspections and construction of such work , Mr . Fabbroni reported that the proposed sewer treatment plant involves a great deal of time and effort and there is still a lot of work to do , He described the monthly reviewing of the plans that Stearns & Wheler are preparing ; the outfall part of the project ; the line into the Lake which goes to DEC for approval ; the very slim chance for any funding this year , but the hope for a better rating , perhaps , for next year . He commented that there might be funding towards the end of the year , Mr . Fabbroni reported that he has also been reviewing the Town - wide :Planning Board - 3 - June 1 , 1982 Water Study also prepared by Stearns & Wheler . He described the study as an assessment of the long - term water needs of the Town as well as long - range plans to water the Town . Mr . Stanton asked Mr . Fabbroni about the park plans for Eastern Heights that the engineering students came in with in April to which Mr . Fabbroni replied that they would be back in the Fall with further designs and dis - cussion items . Mr . May inquired if the students would be doing any work themselves there during the summer . Mr . Fabbroni stated that they would not , adding that there was never the promise of their involvement . REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY PLANNING BOARD , CAROLYN GRIGOROV . Mrs . Grigorov reported that the major portion of the County Planning Board meeting held on May 12 , 1982 , concerned a list of issues prepared by staff for the Board ' s discussion next year , noting that the County Planning Board is aiming to be more active on specific issues in the coming year . PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR 19 - LOT SUBDIVISION , TROY ROAD AND KING ROAD EAST , TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 : 32 . PAUL B . ERDMAN , JOHN A BENTKOWSKI , AGENT , Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 50 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 May 24 , 1982 , and May 27 , 1982 , respectively . Mr . John A . Bentkowski appeared before the Board and stated that he was requesting final subdivision approval for nineteen ( 19 ) building lots , not the 20 originally requested . 9He noted that some lots will be 100 ' in width , some 150 ' in width , with the depth being 200 ' . He noted that the plans now indicate a 60 ' wide R . 0 . W . , rather than the previous 501 , to conform with Town specifications . Mr . Bentkowski described at some length the drainage plan utilizing the easel and a large map appended thereto . He spoke of the sewers in place , noting that he had some difficulty finding the manholes , being able to find only one . Mr . Bentkowski noted that Lozier Engineers ' drawings indicate that there are manholes in there ( indicating on plan ) . Mr . Bent - kowski proceeded to describe the water lines . He indicated the fire hydrants set forth on the plan and noted an additional three to, be installed . Mr . Bentkowski spoke of the question on the . part of the Cornell Uni - versity people in the. matter of drainage . He stated that he took a complete field walk of the land twice . He stated that it is 3 ; 800 ' , uphill , from the subdivision siting to the Cornell University land . Mr . Bentkowski spoke of the . swale to which the Cornell University property drains and indicated same on the map . He also described , and indicated on the map , the gas pipeline area on the western side which has been denuded of all vegetation . Mr . Bentkowski further described , in connection with this Consolidated Gas • pipeline , that the Gas . Co . removed the fencing on the fourth side of the Cornell swamp land and they are using herbicides in that area . Mr . Bent - kowski stated , that in summary , the University ' s concern about this pro - posed development ' s drainage is moot . 9Mr . Bentkowski concluded by stating that Mr . Paul Erdman will draw up an engineering plan with. the professional Planning Board - 4 - June 1 , 1982 engineer and engineering firm stamp and seal on it . • Mr . Stanton , referring to the site plan , asked in connection with Lot # 3 , what the protrusion was . Mr . Bentkowski stated that it is the sewer easement for the Sibley development , adding that for that reason Lots # 1 , 2 , and 3 , are irregular in shape . Mr . Bentkowski noted that , as requested , between Lots # 5 and #6 , a grant to easement to the Town for water so as to have parallel system for water . Chairman May asked if there were any questions or comments from the public . Professor Milo Richmond of the Natural Resources Committee of Cornell University stated that he did not seethe matter of drainage as a moot point . He stated that the area does not drain exactly as Mr . Bentkowski describes it . Professor Richmond stated that the area is unique and that there are a number of people that could support him in that statement . He noted that the drainage is enough to be concerned about and to make it a point of discussion . He pointed out that the Cornell land is fairly small , but , the whole site has been identified as wet lands - - about 50 acres . Professor Richmond spoke of a " group " that had prepared a " drainage " map which shows the way the land drains . Chairman May stated that Professor Richmond is confusing this sub - division request with the second hearing - - the rezoning of the 30 acres , • which has been withdrawn . Mr . May described the particular land area that this hearing is covering - - 19 lots along the roadway at East King Road and Troy Road . Professor Richmond stated that he withdrew his comments , but added that he is still concerned with this matter . Mr . Bentkow :3ki stated that he is not insensitive to the environment involved in this matter . He stated that he and his wife walked this land . He stated that they are concerned about natural areas . Mr . Bentkowski went on to describe the 30 acres for which the Sibley Corporation has an opt -ion , which is near the " bog " . He stated that the option price is $ 1 , 400 . 00 . per acre . Mr . Bentkowski stated that his wife and he are willing to buy one acre and contribute same to Cornell Univer - sity or to . the Town . He stated that other donors would be accepted toward the end of a 30 - acre buffer by the swamp . Mr . May staged that that was a very nice offer . Mrs . Shirley Egan stated to the Board that the University is most interested in protecting this area . She stated that she would like to remind the Board about discussions that have taken place of setting aside an open area . Mrs . Egan stated that she was also concerned about " a line " on Lot # 3 , which she heard referred to as a sewer line , but that she thought she saw labelled as a drainage ditch . • Mr . Bentkowski stated that originally it was a ditch for piping and when the piping went in , it was covered up . Mr . Mazza , speaking to Mrs . Egan , stated that she was saying that Planning Board - 5 - June 1 , 1982 Cornell University is still concerned or was Professor Richmond speaking for the University ' s position . • Mrs . Egan stated that the University is concerned about any development there , adding that people are people ; they take walks , sometimes in the late evening hours . She stated that there are proposed 19 houses which leads to more and more lots into the interior and more walking in the fragile area . She stated that Professor Richmond could tell us all about that as he has prepared for the 8 : 05 hearing . She said there is a major concern about increased development . Mr . Mazza asked Mrs . Egan if the University has any specifics that state that this development is going to hurt the unique area - - this parti - cular proposal for 19 lots . Mrs . Egan stated that any development could hurt the fragile area . Mr . Bentkowski stated that he and others have walked all the way up to Coddington Road and Danby Road , adding that in some areas one almost needed a brush hook . He stated that the area is a very , very developmental area ; a fantastic area for development . He stated that Cornell is in there and added that there is no way development can be stopped there . He commen - ted that . Ithaca College is grinding roads through their land ; there are cuttings . He pointed out that Evan Monkemeyer is advertising to sell his land . He stated that it is there , you just cannot avoid it . Mr . Evan Monkemeyer , speaking from the floor , stated that there are about 5 , 000 I . C . students who walk that Gas Line and the bog too . He stated that Mr . Bentkowski ' s proposal . is an honest proposal for the area and he and his family . welcome it . Mr . Monkemeyer concluded by saying that houses and development that are on existing roads are in no way going to affect. the drainage uphill . Mr . John Majeroni of Cornell University Real Estate , stated from the floor that the land is developable . He stated . that Cornell University would ask that the development take place with the natural area in mind , specifically that an open area be designated as a buffer to the bog . Professor Richmond stated that mention has been made of brush and stated further that they are very special species which are found no where else in the northeast ; it is truly a unique site . He stated that they understand development and that they believe that development can occur in concert with the bog . He asked that the developer work with the University , together , as we did in 1973 . Chairman May turned the discussion now to the EAF (.Long Form ) and asked if there were any questions . Mr . Klein inquired if it were the same owner , Mr . Erdman . It was stated that the proposal - has nothing . to do with " Beacon Hills " ; Paul B . Erdman owns the subdivision land and the land near the bog ; the Corporation owns the 30 acres , the proposal for which has been withdrawn . • Mr . Bentkowski stated that they will release from the option suffi - cient land - for the open space . Mr . Fabbroni stated to the Board that the EAF before the them is an amendment to the I; AF as submitted to the Board on May 4th and in accordance with the Board ' s comments that - night . Planning Board - 6 - June 1 , 1982 Mr . May concurred and proceeded to move through the EAF page by page . There were no questions or comments through page 3 . On page 4 , question # 38 , which was answered " yes " - - " To your knowledge , are there any rare , endangered or unusual vegetative species which are located on or near the site of the proposed action ? If so , how are they distributed ? " , with the following explanation : " They will not be - - development site is 3 , 800 feet downhill from South . Hill swamp . " - - Professor Richmond stated that some of the species are closer than 3 , 800 ft . He further stated that there are significant plants closer than 3 , 800 ft . Chairman Mav stated that the Board appreciates Professor Richmond ' s comments , noting that to the developer ' s knowledge they have not been pointed out specifically nearer than the 3 , 800 ft , to the bog . It was suggested that al berm be maintained to benefit the swamp . There were no further questions or comments on page 4 through page 5 . Referring to page 6 , question # 53 - - " In your judgement , will the proposed action result in a significant environmental impact during construction and / or during use after completion ? " .- - to which the answer was : No - slope and distance from unique area is too great . A three to six acre buffer zone can be established around the unique area . The unique area abutts this property only insofar as the nineteen lots are being subdivided from a. total 139 + acres owned by the developer . " . - - Mr . May asked Mr . Bentkowski if he . were prepared to obligate the buffer area tonight . Mr . Bentkowski replied , no , not tonight . • Mr . Fabbroni stated that the proposed subdivision is in the area of 15 acres , thus , 1 : 5 acres would be required for open space , i . e . , 107b . He stated that the whole area is in the neighborhood of 138 acres which would mean the possibility of 13 . 8 acres as a buffer area , but not a commitment needed tonight . Mr . Bentkowski stated that their interest is to quickly relieve the burden of taxes on the man who owns it . Chairman May stated to Mr . Bentkowski that , should he be granted final approval at this meeting , it would be conditional on 1 . 5 acres set aside in the area of the bog . Mr . Bentkowski agreed , stating that he understood that . There were no further questions or comments to the end of the EAF , i . e . , page 7 . Mr . Fabbroni stated that the .proposal before the . Board is an unlisted action under SEQRA and the Town Planning Board , being the involved appro - val body for subdivision approval , is the lead agency in this matter . Chairman May stated that Mr . Fabbroni has reviewed the EAF and read his recommendations as reviewer : . " Negative Declaration - Planning Board lead agency . Utilities already in place . Highway existing . Drainage to be provided in . a . =logical way prior to lot sale or final C . O . (. certificate • of occupancy ) . Open space should be located to buffer South Hill swamp , a unique natural area far removed from the subdivision but owned by same landowner . " Speaking to Professor Richmond , Mr . Mazza asked if any of these unique species exist on the lots to be subdivided - - on these lots themselves . Planning Board - 7 - June 1 , 1982 Professor Richmond replied , " not to my knowledge , but I have not gone there to look . " Professor Richmond went on to say that the lens of • soil is about 50 acres in a flat area . . MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton : RESOLVED , that the Town of Ithaca Planning Board acting as lead agency in the review of the proposed 19 - lot subdivision at . Troy Road and . King Road East , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , Paul B . Erdman , Owner , John A . Bentkowski , Agent , approve and hereby does approve the Environmental Assessment Form as amended . 6 / 1 / 82 and completed ; and FURTHER RESOLVED , that pursuant to the State Environmental Quality Review Act , Part : 617 , this action is classified as Unlisted ; and FURTHER RESOLVED , that the Town of Ithaca Planning Board has deter - mined from the Environmental Assessment Form and all pertinent information that the above -mE! ntioned action will not significantly impact the environ - ment and , therefore , will not require further environmental review . . By way of discussion , it was noted that a copy of the resolution in re SEQRA review , is to be sent to the Tompkins County Health Department , the Tompkins County Planning Department , the Cortland D . E . C . Office , and the State D . E . C . Office as interested parties . There being no further discussion , the Chair called for a vote . • Aye - May , Schultz , Baker , Stanton , Klein , Grigorov , Mazza . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the Public Hearing duly closed at 8 : 31 p . m . and asked for Board comments . Mr . Klein stated that he assumed that prior to a grant of final approval , should that be the case , it would be conditional upon submittal to the Town of metes and bounds plat of the subdivision together with ease - ments for water and sewer shown on said plat . Mr . Klein added that he was not entirely convinced that the drainage swales shown will actually work , e . g . , Lot # 12 . Mr . Fabbroni stated to the . Board that they really should make a more specific finding of fact on the open space which is the only . thing not specifically shown on plan . Mr . Fabbroni stated that , other than that , all other matters or information requested have been satisfied tonight or will be satisfied with the final plat that the Chairman will sign . Mr . Mazza , referring to the open space near the bog , asked if this particular parcel to be set aside could be done so with the help of Profes - sor Richmond and the Town Engineer , Mr . Fabbroni . Mr . Bentkowsk. i stated that that would be no problem . • Mr . Fabbroni stated that , from the standpoint of the swamp , the expanse is more than the acreage that Cornell owns : He stated that a half mile as suggested by Mr . Stanton is probably about right , based on infor - mation from the Tompkins County Environmental Management Council , informa- tion from the Beacon Hills previous project and from Professor Richmond , Planning Board - 8 - June 1 , 1982 and from aerial photos . Mr . Fabbroni stated that we are a substantial distance from the subdivision before the Board and the record is quite clear from the original Beacon Hills hearings . that the swamp is respected by the Town at every level . Mr . Stanton summarized the moment stating that what is needed is a metes and bounds plat map including easements for water and sewer lines which are already in the ground , with the second part relating to approxi - mately 1 -Z acres of land to be set aside , i . e . , the 10% , and further , a culvert to the road , and the developer , the Town Engineer , and Cornell University or the Natural Resources Committee of the University to work together for. the protection of the swamp . MOTION by Mi . Bernard Stanton , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Final Subdivision Approval for a 19 - lot subdivision on Troy Road and King Road East , being a portion of Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , and owned . by one Paul B . Erdman , and as presented by John A . Bentkowski , as Agent , subject to the following : 1 . The submission of a metes and bounds plat map including easements and culverts for future road . 2 . The setting aside of 1 . 5 acres of land as a buffer area to be located through the cooperative efforts of the Town Engineer , the Natural Resources Committee of Cornell University , and the Developer . • 3 . The submission of engineered drainage plans , together with any improvements shown on the plan submitted at this hearing , e . g . , hydrants , manholes . 4 . The approval of the Tompkins County Health Department . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Klein , Grigorov , Mazza . Nay - None . The MOTION was declared to be carried unanimously . Mrs . Egan stated that she thought she heard a comment from the Board about cooperation with Cornell University . Chairman May declared the matter of the 19 - lot subdivision proposal on Troy and East King Roads closed . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY' SUBDIVISION APPROVAL OF 124 - UNIT CLUSTER DEVELOPMENT ON 43 + . ACRES ON A PORTION OF ITHACA TAX PARCEL NO . 6 - 58 - 1 - 33 . 21 1443 SLATERVILLE ROAD ( FORMERLY P . GRENNELL AND S . BREWER ) , J . WEISBURD , OWNER- DEVELOPER Chairman May declared the Public Hearing in the above - noted matter dulyopened at 8 : 50 . m . and accepted for the record the Clerk ' s Affidavit p p of Posting and .Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on May 24 , 1982 , and May 27 , 1982 , respectively . Mr . Jerold Weisb.urd appeared before the Board and stated that his pro - posed cluster development is located to the southeast of Slaterville Road . Planning Board - 9 - June 1 , 1982 He had with him a very large , scale model , of the parcel with the proposed roadways , clusters, trees ( existing ) , etc . and built in the way the land is • contoured . He stated that the parcel is roughly 45 acres in size . He stated that he is requesting cluster development under 281 of Town Law . He stated that no variances are needed . He stated that the -density - of a . develop - . ment using standard subdivision methods with water and sewer existing would be more by some 25 to 30 units . He said that he has not used the straight grid manner of subdividing . He stated that using the " cluster " approach he is providing a seven acre wildlife sanctuary and park . He stated that it also allows another five acres to be set aside as a '' commons " , ball field , community centre ., a proposed pond site and picnic area . He stated that there will be " c =lusters " - - a total of nine . There will be eleven to seventeen townhouse units in the " cluster " , with three to five buildings each building containing from two to five units . Mr : Weisburd stated that every single living unit will be on a south knoll built into a hill and the energy self - sufficiency is the radical departure . in that: the units will be independent of regular heating ways . He stated that the insulation proposed has an " R " factor of 60 and the structures are earth bermed . He stated that he is very interested in the conservation of land and open space . He noted there will be . land conservation and open space even within each cluster and indicated on the large map appended to the bulletin board ( a copy of which each. Board member had received contained in a booklet prepared by Mr . Weisburd and which also contained the EAF Long Form , with their Agenda in the mail ) , as an example " Cluster ' B ' " • Mr . Weisburd stated that at this preliminary hearing he does not have all the details that will be required , e . g . , : the detailed engineering draw - ings are not done . He stated that the plans do indicate how one can develop land with a considerable amount of open space around the buildings , have parking convenient . to the home either in open space or , as shown , some of the units will have rights to carport space . Mr . Weisburd pointed out that each particular cluster is built around a " cluster center " _ which will provide common laundry facilities , day care , and recreation space . He indicated the larger building in the commons . He pointed out that each. cluster will have garden plots , parking and a small neighborhood center , all around a common center . Mr . Weisburd described the fee simple deed process for ownership of the dwelling units , with. the areas around that under a homeowners associa- tion involving the common facilities , e . g . , the commons , park , commons center . He pointed out the private outdoor space and described the trellises setting off the homeowner ' s dwelling unit . He described the " streetscape " into the individual units , with a private yard and recessed entry . Mr . Weisburd described the Phases under which he would develop - - perhaps Cluster A and B to start , with. the . next phase the middle part for example , and after that working west toward the City . • Mr . Weisburd stated that he has been involved as an architect , developer and building in Ithaca for about ten years . He said he believes in an individual ' s desire for equity in his or her residence . He noted the abominable interE. st rates nowadays running around 17 % and also building costs and stated that cluster development and his proposed subdivision will Planning Board - 10 - June 1 , 1982 offer a positive alternative for people who have been closed out of the market in the past years . and allow people to buy equity in a building . He • stated that the townhouse idea does conserve energy and does conserve open space . Mr . Weisburd stated that the main roads within his project are envisioned as Town roads , others envisioned as being owned and maintained by the homeowners ' . association . Mr . Weisburd described the specifics of the roads as shown on the mock - up . Referring back to the large plan on the board , Mr . Weisburd indicated the main access off Slaterville Road at a particular point . He noted the City access to the reservoir lands . . He stated that he did not believe it necessary to have another access off Slaterville Road , but it might be desirable so he has shown it . Mr . Weisburd indicated the placement of the public sewer and described the private lift stations in the cluster center . Mr . Weisburd indicated the placement of the water lines and described the new mains to be built with fire hydrants . Mr . Weisburd displayed a large elevation drawing , and pointed out the trellises and the fence network . He noted the earth berms and commented on the strawberries which he . ho.ped would grow well there . He noted again that the homes a _re directed due south and stated that there would be electric heat , air to air heat exchangers with the result being 307o solar energy for heat , 657o . body heat and appliances and 5% electric . He commented on the summer sun blocked out . He noted that the lattice work would be out of pressure treated wood . • Mr . Robert E . Marion , 1463 Slaterville Road , asked from the floor , " Is the man a hunter ? " Mr . Weisburd stated that he was not . Mr . Marion stated to Mr . Weisburd that he answered the question " no " about wildlife . Mr . May inquired as to what Mr . Marion was referring . Mr . Marion stated that he was referring to the form Mr . Weiti; burd filled out . Mr . May read from the Environmental Assessment Form ( Long Form ). submitted with the Preliminary package , Ques - tion1 #40 which had been answered "'No - = " To your knowledge , are there any significant wildlife habitats , migration routes or breeding areas loca - ted on or near the site that might be affected by the proposed action ? " Mr . Weisburd stated that he understood that the question is why did he say no significant wildlife . Mr . Weisburd stated that by his proposing a wildlife sanctuary, he . is not significantly affecting the wildlife which he believes is the intention of the question in the form . , He stated that he believed the answer to question #40 is " no " . Mr . Marion asked Mr . Weisburd how many deer he has seen there . Mr . Weisburd stated that he has not seen any himself . Mr . Marion stated that there was one there today . Mr . Marion stated that the developer is talking about twenty acres of wildlife property . He stated that the area he proposes is 5 - 7 acres . He pointed out that cars are killing the wildlife . He stated that the twenty • acres is surrounded by woodlots on both sides and that the wildlife feeds on over 5 acres alone . Mr . Marion asked how the man could miss the wild - life since he has been . developing in areas previously . He asked how the man could be so misinformed . Planning Board - 11 - June 1 , 1982 Mr . Joseph Multari , 1430 Slaterville Road , spoke from the floor , and stated that he lives across the street . He noted that County roads are • proposed . Mr . May pointed out that Mr . Weisburdhas proposed roads to be deeded to the Town , not County roads . Mr . Multari asked if Mr . May meant that the Town builds the roads . Mr . Weisburd stated that that was not the case - - he builds the roads to Town Highways Specifications and then deeds them to the Town. , thereafter they are maintained by the Town . Mr . Multari . asked if . the State is aware that the subdivision is going to dump 200 cars on the road . Mr . Multari stated that he is concerned with human beings as well as the wildlife , and is concerned with 200 more cars . He stated that this is a life - safety problem . Mr . Weisburd stated that the intersection of the proposed access with Slaterville Road will . be far safer than the Pine Tree Road intersection with it and the Honness Lane intersection . He stated that the State will con - sider this proposal , of . course . He described the visibility as four or five times greater than others intersecting the highway . Mr . David Ludington , 1456 Slaterville Road , spoke from the floor , and stated that Mr . Weisburd had made a . statement about there being four or five times the visibility . Mr . Weisburd stated that he had , adding that he did not measure and draw it scientifically , however , he did firmly believe that the visibility would be far greater than others in the area . Mr . Weisburd stated that this is a matter for the State to consider and the neighborhood has every right to know that that is done in a safe manner . • Mr . Multari asked what the employment base would be for the residents of this project : Mr . Weisburd stated that he did not know . Ms . Lucy H . King , 1447 Slaterville Road , spoke from the floor , and described the terrible hill on the property proposed for development . Mr . Weisburd stated that the new road would . be built up to the grade of the existing road . Mr . Ruperto Mendiones , 1452 Slaterville Road , spoke from the floor , and stated that the volume of traffic is a problem on Slaterville Road now , and with the completion of this project the volume will increase tremen - dously . He stated that , therefore , he wants personally to oppose this proposal , to oppose this big project here . He stated that , as a matter of fact , he is one of the victims of the traffic accidents in this area , adding that he was in the hospital for 56 days after an accident . Mr . Howard C . Kramer , 202 . Pine Tree Road , spoke from the floor , and stated that he supported the opposition to this proposal . He stated to Mr . Weisburd that he ( Weisburd ) had said .that the traffic is someone else ' s problem . Mr . Weisburd stated that he did not say that , what he was trying to say was that the . State does support the State highways and tries to keep them safe . and this is not particularly . the correct forum for this part of the process . Mr . Fabbr.oni , Town Engineer , stated that the Town , as part of its review process , will ask for specific information independently . He commen - ted that the State really has the final say in this particular area . Mr . Kramer stated that Mr . Weisburd is compounding the problem with this subdivision proposal . Planning Board - 12 - June 1 , 1982 Mr . Lawrence Rivkin , 1450 Slaterville Road , spoke from the floor , and commented on 200 more cars which could push Route 79 into a four - lane high - way to meet the needs of all . the traffic . A gentleman. spoke from the floor describing the zoning the land . It was noted that the land is R- 15 along the road frontage and R- 30 for the remainder . It was noted that the whole parcel is zoned residential . Dr . Joy . Mecenas , 105 Pine Tree Road , spoke from the floor , and stated that she is concerned about the children in this community , - . referring specifically to school busses . Shestated that the school busses wi-11 not stop there on Pine Tree Road , adding that the children have to walk to the top of the hill on Pine Tree . Road . Dr . Mecenas asked about school busses into this development and asked about the guarantees for the safety of the school busses . Dr . Mecenas noted that she is the School District Physician . Mr . Weisburd stated that that is a good question and an important part . of what motivated his plans . He described the standard subdivision develop - ment with its grid pattern and noted that in a grid you would have double the roads . He indicated on the large plan where the school bus would enter . He described how the children would not cross a single road to get to their .- bus . He stated : that this type of arrangement is a far better place to bring up children than any type of grid . Mr . Weisburd stated that the people were speaking of valid issues . He noted that utilizing a grid layout there could be , . say , 150 units , but he is proposing 124 units with a far better layout . than normal zoning . Mr . Weisburd commented that there is much less return to a developer under • " cluster " than what the zoning would . allow . Mr . Weisburd stated that to say we do not want development is simply dodging the issue . Mrs . Edith Cassel , 152 Pine Tree Road , spoke from the floor , and stated that the thing that bothers her about the development is the traffic . She noted that there has been much talk about improving roads as discussions continue on the East. Ithaca Connector . She stated that this new develop - ment will serve as reason to improve the roads and thoroughfares and make it very unsafe for those already there . Mr . Maurice J . Tauber , 1427 Slaterville Road , spoke from the floor , and stated that the proposal by Mr . Weisburd is a very interesting design , an enlightened design , however , the real issue is the total community . He stated that the various road systems are not constructed to take that kind of density . He spoke. . of the proposed road design and stated that the people can appreciate what the developer is trying to do , however , what he is proposing to do is very drastic given the character of the community . He stated that the fact is , it is not a safe road and there were many near accidents when the produce stand was there . Mr . Tauber stated that we have to look at this carefully and see how it fits in with the total community . Mr . Weisburd stated that he thought that that is a good. point and he respected it . He spoke of the matter of traffic and. safety and how every city struggles with the manner of road control and finds that to some extent roads cannot support the traffic and thus we find areas with 45 m . p . h . speeds , some. with 30 m . p . h . , and some with 25 m . p . h . Mr . Weisburd stated that those issues are very important issues but the appropriate place for these issues is when the town is doing its zoning work . He stated that he has taken the :coning guidelines and followed them and the Planning Tanning Board - 13 - June 1 , 1982 Board is to review a particular parcel and see how it conforms to the existing zoning ., Mrs . Gerry Kramer , 2 .02 Pine Tree Road , spoke from the floor , and stated that the speed limit is 35 m . p . h . on Pine Tree Road and very few people observe it . She stated that there are four " Sheriff ' s cars in the whole County and the speed limits are not enforced . She stated that the people tried to have it reduced . She noted that people drive from 40 to 60 m . p . h . . on that road . and it is very treacherous . Mr . Robert E . Marion. , 1463 Slaterville Road , spoke from the floor , and stated that Mr . Weisburd had stated that the traffic situation is safe . Mr . Marion asked if Mr . Weisburd had received from the State of New York the number of' . cars that - travel on Slaterville Road . Mr . Weisburd stated that he had not received a traffic count from the State . Mr . Marion des - cribed cars coming right up on his lawn at the same time that school busses are picking up kids in front of his own house . Ms . . Susan Howser , 1469 Slaterville Road , spoke from the floor , and asked how many people would be in the project to which Mr . Weisburd replied that the project proposes 124 dwelling units . Ms . Howser asked if . Mr . Weisburd had seen a demonstrated need for this housing . Mr . Weisburd stated that he thought there was a need for affordable housing . Mr . Lawrence Rivkin asked what the homes would cost to buy to which Mr . Weisburd replied , $ 30 , 000 to $ 50 , 000 . Mr . Gus Lambrou , 156 Honness Lane , asked Mr . Weisburd how much of a house he could give the people for that kind of money . Mr . Weisburd stated that he assumed the question meant square footage and said that the smallest dwelling; unit would be 735 sq . ft . plus 200 sq . ft . of private outdoor space . Mr . Gus Lambrou stated that Mr . Weisburd was a slumlord and asked how he can do this - put . a slum in their neighborhood . Mr . Weisburd described the restrictive covenants and the homeowners ' agreement . Mrs . Shirley Raffensperger , Town Councilwoman , 139 Pine Tree Road , spoke from the floor , and noted that the .proposed development would be accomplished , if approved , in phases . Mrs . Raffensperger inquired as to the method of accomplishing the proposed amenities to the development . Mr . , Weisburd stated that the amenities would be phased in . pretty much lineally with the project development , i . e . , 25% development - 25% amenities . Mr . Weisburd stated , as an example , that the first building that he will build is the community center . Mr . Weisburd stated that the amenities will move right along with the development . A lady spoke from the floor and stated that there were no guarantees about these things .. being right . Mr . Weisburd stated that the open space is guaranteed . He stated that the $ 30 , 000 to $ 50 , 000 includes the lift station . Mr . Joseph Multari , 1430 Slaterville Road , stated from the floor that . it would appear that the people in the neighborhood would have to " join the club " to use the land that is presently undeveloped . Mr . Weisburd stated that the right of way owned by the City to its reservoir land will still exist , adding that rights of way have to be maintained intact . Mr . Weisburd stated that the Homeowners ' Association will have the ultimate say as to the use of the land . Planning Board - 14 - June 1 , 1982 • Chairman Montgomery May pointed out that the parcel under discussion is private land but that the City right of way will remain open . • Mrs . Carolyn Grigorov , member , Planning Board , stated that actually we are not supposed to go on the City land and it is not legal to swim in the reservoir . Mr . Paul L . Hartman , 132 Pine Tree Road , stated that when Eastern Heights development went in the. drainage changed and asked how this project would result . Mr . Weisburd stated that all drainage ways will be left as they are and commented . that it is easy to work the land with a cluster approach . Mr . Roland Marion , of LaFayette , New York , the administrator of the Marion Estate ( the land under discussion ) , asked if the Chairman would clarify . what he had said about the City right of way being open to the people . Chairman May stated that he did not mean that - - he meant that the right of way owned by the City is just that a permanent right of way and cannot be altered by any development . Mr . Roland 1larion inquired if there were sufficient water for such a project and recalled the time when his father was irrigating the land and had water problems . Mr . May stated that with the Bolton Point Water Plant in operation there is sufficient water . Mr . Robert E . Marion , 1463 Slaterville Road , stated from the floor that Mr . Weisburd had stated that phase " B " would be the first constructed . • Mr . Weisburd stated that he had mentioned cluster " A " and " B " as probably being the first to be constructed . Mr . Marion asked why he was starting in wooded land first . Mr . Weisburd stated that the reason was probably that he personally liked the woods . Mr . Marion stated that Mr . Weisburd has proposed that dynamite be used . Mr . May a :3ked what Mr . Marion meant . Mr . Marion stated that he was not scared about dynamite . Mr . Weisburd stated that he would like to see where this information came from . Mr . May referred to the EAF and noted that in the EAF submitted Mr . Weisburd checked " no " by the question about blasting . Mrs . Mary Zichettella , 1425 Slaterville Road , spoke from the floor , and asked if the Town road could not be moved a little farther back into Mr . Weisburd ' s property . Mr . Weisburd stated that there are a lot of , constraints in building a road in order to obtain the proper gradient . Mrs . Carolyn Grigorov , member , Planning Board , asked Mr . Weisburd if he intended to install any plantings . Mr . Weisburd replied , yes , along the roads , adding that he would be willing to work with the neighbors in any way he can . Mr . Weisburd spoke directly to someone who had spoken from the floor and stated that he would be happy to shield that person ' s property . Mr . Roland Marion , noting that his mother lived at 1431 Slaterville Road , . asked what the maximum height of the buildings would be above ground , . adding that he would not want his mother ' s view obstructed . Mr . Weisburd commented that thi:Dre is about a 20 - foot drop from grade and stated that the structures will be about 21 ' , however , they are built into berms . Mr . Morris Tenenbaum , 155 Honness Lane , stated from the floor that the problem is to get the zoning law changed . He stated that Mr . Weisburd is . •planning Board - 15 - June 1 , 1982 complying with -the zoning law and . there is really nothing the people can do about it . He asked how to get the law changed . • Mr . Fabbroni , the . Town Engineer , stated that generally any change starts with a petition for change in zoning . Mr . George Lambrou , 154 Honness Lane , stated from the floor , that he hears from the neighborhood that there is no need for this building ; he hears about the wildlife ; he states no need . Mr . Lambrou asked who authorized the 'Planning Board to do this to the people , to create this slum land . Mr . . Lambrou stated that he cursed the Board , and that he strongly opposed, this building and he damned the Board members and the Town Board , Chairman May indicated that Mr . Lambrou was a little out of order but that he would say that .the Planning Board ' s responsibility is to uphold the law and to uphold :the laws and ordinances of the Town Board . Councilwoman Raffensperger stated that to be fair the Town Board must uphold the laws of the State and that under the laws of private property the Town cannot take property . or not allow it to be developed . A gentleman . , . speaking from the floor , asked if . this plan meets all laws then . . why are we - here . Chairman May explained that the public is here because there are many areas which can be changed or altered while a proposal goes through the approval or disapproval process and the Planning Board does have this Public Hearing process so that the wishes of the neighborhood and public can . be heard and whereby the Board and the Town Engineer. can try to abide by them . Mr . Robert E . Marion , 1463 Slaterville Road , described how he was well aware of the other side of the matter , . it being that he owns land down on Route 13 , Elmira Road , that he rents out as farmland , and the development along Elmira Road with its problems . Chairman May stated that he did not think it relevant to compare this proposal with the commercial development of the Elmira Road . Chairman May asked i.f there were any more comments and there being none forthcoming , he declared the hearing closed . Mr . May asked if there were any questions from the Board . Mrs . Barbara Schultz asked Mr . Weisburd what his timetable might be . Mr . . Weisburd stated that he would like to start this season and take three years . Chairman May stated that he would like to appoint a committee of the Board members to go out with Mr . Weisburd and walk the land . Mr . May also stated that lie would like to re - open the public hearing and adjourn the matter for further discussion at the next Planning Board meeting . MOTION by Mr . Montgomery May , seconded by Mrs . Barbara Schultz : RESOLVED , that the Public Hearing in the matter of the consideration of preliminary subdivision approval ,,for a 124 - unit cluster development at 1443 Slaterville Road , Town of I.thaca Tax Parcel No . 6 - 58 - 1 - 33 . 2 , as pro - posed by . Mr . Jerold Weisburd , be and hereby is adjourned until Tuesday , June 15 , 1982 , at 7 : 30 p . m . for further consideration of such preliminary 'Planning Board - 16 - June 1 , 1982 . c subdivision approval ; and further That a committee of the Planning Board comprised of Montgomery May , Barbara Schultz , Carolyn Grigorov ; David Klein , and James Baker , be and hereby is appointed to walk the land on Thursday , June 3 , 1982 , at 7 : 00 p . m . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Baker , Stanton , Klein , Grigorov . Nay - None . Abstain - Mazza .. Mr . Fabbroni stated that the Board should all understand that under what Mr . Weisburd is proposing a homeowners ' agreement is a part of the matter and the :specifics of that have to be approved by the Town Board and thus should be coming along in fairly quick order in terms of submittals to the Town Board . He stated that the Board ' s thought process and that of Mr . Weisburd has to be moved along on that item . Mr . Fabbroni pointed out that . consideration of preliminary and , should that happen , consideration of final subdivision approval is at this Board level ( Plan - ning ) ; the homeowners ' agreement to the Town Board which involves Town Attorney review ; - the Town Board will review the open space plan insofar as it relates to the agreement . Chairman May declared the Public Hearing in the matter of the Weisburd proposal duly adjourned at 10 : 27 p . m . • ADJOURNMENT Upon Motion , the June 1 , 1982 , meeting of the Town of Ithaca Planning Board was duly adjourned _ at 10 : 28 p . m . Respectfully submitted , Nancy M . Fuller , Secretary .