HomeMy WebLinkAboutPB Minutes 1984-03-06 TOWN OF ITHACA PLANNING BOARD
MARCH 6 , 1984
The Town of Ithaca Planning Board met in regular session on
Tuesday , March 6 , 1984 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 30 p . m .
PRESENT : Chairman Montgomery May , Barbara Schultz , James Baker ,
David Klein , Virginia Langhans , Carolyn Grigorov ,
Lawrence P . Fabbroni ( Town Engineer ) , Peter M . Lovi
( Town Planner ) , Nancy M . Fuller ( Secretary ) .
ALSO PRESENT : Dr . Frank Baldwin , Dr . Roy Colle , Dr . Hermogenes
Mecenas , Town Councilwoman Shirley Raffensperger ,
Elmer Ewing , Marilyn Ewing .
Chairman May declared the meeting duly opened at 7 : 30 p . m .
APPROVAL OF MINUTES - February 7 , 1984
MOTION by Mr . Montgomery May , seconded by Mrs . Barbara
Schultz :
RESOLVED , that the Minutes of the Town of Ithaca Planning
Board Meeting of February 7 , 1984 be and hereby are approved as
written .
There being no further discussion , the Chair called for a
vote .
Aye - May , Schultz , Baker , Klein , Langhans , Grigorov .
Nay - None .
The MOTION was declared to be carried unanimously .
APPROVAL OF MINUTES - February 21 , 1984
MOTION by Mr . Montgomery May , seconded by Mr . James Baker :
RESOLVED , that the Minutes of the Town of Ithaca Planning
Board Meeting of February 21 , 1984 be and hereby are approved as
written .
There being no further discussion , the Chair called for a
vote .
Aye - May , Schultz , Baker , Klein , Langhans , Grigorov .
Nay - None .
• The MOTION was declared to be carried unanimously .
REPORT OF THE TOWN ENGINEER , LAWRENCE P . FABBRONI
Planning Board 2 March 6 , 1984
. Mr . Fabbroni reported that he has been quite busy getting
ready and preparing the contracts for the Spring bidding for the
water and now sewer improvements . Mr . Fabbroni commented that he
has good news and bad news with regard to those improvements in
that some of the areas the Town hoped to serve on West Hill will
not be served by water or sewer - - that is , the upper part of
West Haven Road and Elm Street Extension , unless some money comes
along . Mr . Fabbroni stated that , otherwise , he is preparing
contracts for all the areas he had mentioned at the last Planning
Board meeting . Mr . Fabbroni reported that , on the advice of the
Bond Counsel in New York , the water improvements and the sewer
improvements are separate matters with there being $ 250 , 000 going
for sewer , therefore , Bundy Road will get sewer as well as water .
Mr . Fabbroni commented that there are a lot of things to be done
because that changes a lot of the staff work which had been done ,
adding that everyone runs around when there is a good day and
surveys .
Mr . Fabbroni reported that the biggest news is $ 17 Million
worth of grants for the new sewage treatment plant . Mr . Fabbroni
described the building timetable , noting that by October 1st the
balance of funding should be in place and , thus , the whole
project could move right through the roughly 2z to 3 years - to its
completion .
• Mr . Fabbroni reported that since the Planning Board saw the
ITD Group ' s plans for the development of the old hospital , the
plans have changed twice . Mr . Fabbroni commented that by the
time the proposal comes back to the Planning Board they will see
that it is substantially different from what the Board saw a
month and a half ago . Mr . Fabbroni noted that the first
unveiling of the project as it now stands will be next week at
the Town Board meeting , March 12th , and then the Planning Board ,
maybe at its next meeting , March 20th ,
Mr . Fabbroni reported that the developer of what was Haven
Hills is moving along with his plans and will probably be back to
the Planning Board at its next meeting also .
Mr . Fabbroni concluded his report with the comment that
Burns Road and the water and sewer jobs are gearing up to shoot
for the first break in the weather , hopefully , April 15th , Mr .
Klein asked Mr . Fabbroni how the priorities were established on
the sewer and water improvement projects . Mr . Fabbroni responded
that only the Town Board can answer that question , it being they
who established the areas to be served .
Chairman May stated that at the last meeting of the Planning
Board he had offered his commendations to the staff for all their
work in connection with the new sewage treatment plant project
involving the City of Ithaca , the Town of Ithaca , and the Town of
. Dryden . Chairman May stated that his statement did not make it
into the Minutes but he did not feel it was necessary to have it
Planning Board 3 March 6 , 1984
. be a correction to the Minutes - - he would just say it again .
Chairman May said that the whole effort was really fantastic .
REPORT OF THE TOWN PLANNER , PETER M . LOVI
Mr . Lovi commented that he was afraid he did not have the
receipt of 17 Million Dollars to report on , however , what he
lacked in quality he would make up in quantity !
Mr . Lovi reported that the final draft of the proposed new
subdivision regulations are now in the hands of all the Town
Board members and are a Town Board agenda item for their meeting
on March 12th . Mr . Lovi stated that perhaps the next time the
Board meets he will have a report on that matter .
Mr . Lovi reported that the Six Mile Creek Committee
continues to meet and appears to be drawing up their final
report , adding that he expected they will have a report in a
couple of weeks which he will pass on to the Planning Board
members .
Mr . Lovi reported that there are a couple of meetings with
DEC coming up on the Wetlands Mapping - - March 14th and March
21st at the NYSEG offices - - concerning the final wetlands maps
for the Town of Ithaca . Mr . Lovi stated that he will be going .
• Mr . Lovi reported that he has been working on the PUDs
amendment and will speak on that later since it is an Agenda
item .
Mr . Lovi reported that he has seen nothing further on either
the Lucente proposal or the Wiggins proposal , however , the Town
Board rendered a negative declaration of environmental
significance with respect to Lucente at its February 27th
meeting . Mr . Lovi stated that Mr . Lucente should be coming back
to the Planning Board in the near future .
Mr . Lovi reported on three up- coming conferences under the
auspices of the New York Land Institute . Mr . Lovi stated that
six people were authorized by the Town Board to attend ; he will
be going to each and Mr . Fabbroni , Mrs . Fuller , and Ms . Beeners
will each attend one . Mr . Lovi stated that each conference to be
attended is in Albany , commencing March 23rd , followed by April
17th and May 16th , with the programs entitled : " Land Use
Regulations for Aesthetics : The Frontiers of the Police Power " ,
" Representing the New York Landowner in the 1980s " , and " The
Donation of Open Space " , respectively .
Mr . Lovi reported , with respect to comprehensive planning
information , that he has been working with a Cornell University
student who is assembling certain basic material .
•
Planning Board 4 March 6 , 1984
. Mr . Lovi reported on a meeting held today at Frank Liguori ' s
office having to do with the use of somewhat smaller tandem
trailers which use Route 17 to Third Street in the City of
Ithaca . Mr . Lovi stated that a representative from H . W . Taynton
Co . , Inc . , Trucking , plus City , County , Cornell , and Town
representatives met to discuss a petition by Taynton to the State
DOT to allow them the use of 28 - foot trailers in tandem into
their site on Third Street . Mr . Lovi commented that at first
blush it does seem to make a bit of sense , adding that there are
two more axles making them easier to control and somewhat safer .
Mrs . Grigorov wondered how much smaller these particular trailers
are than the regular thruway - type trailer used in tandem . Mr .
Lovi thought they were about 8 feet longer than a single 45 - foot
trailer ; Chairman May thought they were about 20 feet shorter
than a tandem thruway rig . Mr . Lovi reported that the County is
recommending that there be a public informational meeting to
obtain input on the request .
REPORT OF THE SECRETARY , NANCY M . FULLER
Mrs . Fuller distributed a " sign up if you ' re interested "
sheet for a Planners ' Bus Tour of New York City , May 1984 ,
sponsored by the Southern Tier Section of the Upstate Chapter of
the American Planning Association , the tour highlights being ( 1 )
Forest Hill Gardens , a planned community built after World War Is
( 2 ) Park Slope and Brooklyn Heights , historic districts ; ( 3 )
• South Street Seaport , urban cultural park , commercial area . It
was left for the Board members to send in the interest sheet if
they so chose to Harold Roth , Planning Director , Town of Union
Planning Department , 3111 East Main Street , Endwell , New York ,
REPORT OF THE TOWN BUILDING INSPECTOR , LEWIS D . CARTEE
The Building Inspector ' s Report of Building Permits Issued
for the month of February 1984 shows that 2 permits were issued
for $ 2 , 500 . 00 in improvements , as compared with February of 1983
where 3 permits were issued for $ 47 , 500 . 00 in improvements .
REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY
PLANNING BOARD , CAROLYN GRIGOROV
Mrs . Grigorov reported on the February 8th meeting of the
County Planning Board . She stated that the Board discussed a
draft copy of the NYS Inactive Hazardous Waste Remedial Plan
prepared by NYSDEC which outlines the State ' s plan to deal with
its 895 known or suspected hazardous waste sites and which points
out 4 sites in Tompkins County - - 2 operated by Cornell in the
Town of Lansing , 1 in Groton formerly operated by SCM , and 1 in
Ithaca by the Fire Training School , Mrs . Grigorov stated that
the average cost to treat sites is about $ 350 , 000 per acre .
• Mrs . Grigorov reported that Stuart Stein , Chairman of the
1983 / 84 Committee appointed by the Board of Representatives on
reapportionment , presented a progress report . Mrs . Grigorov
stated that every 10 years , after census , local governments must
Planning Board 5 March 6 , 1984
re - establish voting districts such that they conform as nearly as
is possible to the concept of " one man - - one vote " . Mrs .
Grigorov noted that weighted voting has been used as an interim
measure until the districts could be redesigned . Mrs . Grigorov
stated that maps were displayed showing the current plans and ,
after public hearings , the report should be ready by May or June
of 1984 with the hope being that the redistricting will be in
place by November of 1985 . Mrs . Grigorov reported that the
current plan maintains the County Board membership at 15 , the
ideal being , theoretically , that each member represents the same
number of people , however , it is necessary to vary this ideal to
reflect other considerations , a 15 % - 18o deviation being
tolerated . Mrs . Grigorov mentioned that an average district
would have 5 , 806 people , and commented that the most growth has
been in the Northeast Town of Ithaca .
Mrs . Grigorov reported that the County Planning Department
conducts a survey twice a year on vacancy in rental apartment
complexes , mostly in the Ithaca Urban Area - - some 3 , 700 units ,
adding that since 1979 the vacancy level has been pretty
consistently at 3s .
Mrs . Grigorov reported that , with respect to Route 96 , we
are in the " alternate design stage . " She stated that , after
public hearings this summer , the City must pass or not pass a
resolution authorizing the State to take land for both phases ; it
• is all or nothing . Mrs . Grigorov noted that the U . S . Coast Guard
will not issue a permit for a bridge over the inlet unless the
stream is crossed with a 152 - foot clearance , thus , ruling out
at - grade crossing . Mrs . Grigorov commented that Mr . Liguori had
pointed out that the impact of the at - grade option would be much
greater and more disruptive on the west end than an overpass
going over the railroad , Fulton Street , the Inlet , and Park Road ,
Mrs . Grigorov reported on the County Planning Board ' s
discussion of PASNY Power , stating that PASNY wants to extend a
major power line from Quebec Hydro to New York City - - known as
the Marcy South Power Transmission lines - - some 200 miles ,
however , only 42 miles of it will be on a new right of way . She
stated that this would mean a 186 million dollar saving per year
over current use of foreign oil with all users benefitting and
Upstate not having to share hydropower because it would be
allocated power from Niagara / St . Lawrence , Mrs . Grigorov
commented that there is quite a bit of controversy in areas
through which the lines will pass .
INFORMAL DISCUSSION WITH PINE TREE ASSOCIATES CONCERNING A
SUBDIVISION IN THE AREA OF PINE TREE ROAD AND SLATERVILLE ROAD ,
PORTION OF TAX PARCEL # 6 - 57 - 1 - 11 .
Chairman May invited Dr . Royal Colle to speak to the Board
• about the proposed division of what was formerly the John Marion
property . Dr . Colle introduced his colleagues Dr . Frank
Baldwin and Dr . Hermogenes Mecenas . Dr . Colle appended a survey
Planning Board 6 March 6 , 1984
• drawing entitled " Division of Lands at the Northeast Corner of
N . Y . S . Route 79 and Pine Tree Road - Formerly the Estate of John
L . Marion " , dated 12 / 83 , revised 1 / 20 / 84 , prepared by George
Schlecht , P . E . , P . L . S . , to the bulletin board , an area of which
had been outlined in green . Dr . Colle stated that the part
outlined in green is the part that Pine Tree Associates are
talking about subdividing into some 26 lots having access from
both Park Lane and Regency Lane . Dr . Colle stated that he would
like to describe a little of the background on the whole piece of
land actually obtained . Dr . Colle stated that the three of them
( Colle , Baldwin , and Mecenas ) , along with a group of eight other
neighbors purchased what was called the Marion Estate . He stated
that they all bought it to protect the houses on Pine Tree Road
and the houses on Slaterville Road so that there would not be
undue intensive building in that area , noting that they bought
that whole estate . Dr . Colle stated that then pieces were sold
off to people on Pine Tree Road and Slaterville Road , pointing
out to the Board that those pieces can be seen just outside of
the green marked line . Dr . Colle stated that they are concerned
about further development of that area and , taking into
consideration that they want to protect the character of the
neighborhood , the proposal is not one of intensive building . Dr .
Colle stated that they also want to work with the Town to control
a very difficult water situation and also to plan the area to
take care of a need for some recreational facilities , tentatively
involving ski trails , sledding slopes and walking areas .
• Dr . Colle stated that he Dr . Baldwin , and Dr . Mecenas have
talked with Mr . Fabbroni to some extent as they have moved along
with this plan and they see the possibility of deeding over to
the Town a strip of land along the perimeter toward the Eastern
Heights Subdivision ( a strip of land marked out on the drawing by
the letter " S " ) to be part of a water drainage system . Dr . Colle
stated that they also have been talking with Mr . Fabbroni about
deeding over land adjacent to the water tower - - an area marked " R "
on the map . Dr . Colle stated that they have also talked about
putting some kind of a drainage ditch down along the perimeter of
lots marked 111 " through 111211 , the perimeter being the area away
from Eastern Heights property on the lots marked " D " through " M " .
Dr . Colle commented that some kind of water drainage ditch would
be useful going down that section . Dr . Colle , indicating on the
map , stated that as one moves toward the cul de sac , they have
put in an access road which goes toward the parcel marked " N " ,
purchased by Denman and which abuts the rear of the original
Denman property and which runs from the cul de sac going south
and bends over right where a particular mark is S39 ° 55 ' and goes
to Hewett ' s land which he has purchased behind his original
parcel . Dr . Colle stated that the purpose of that access area is
to give the Town a way to get over to the creek that runs there
on the very outside of this portion that they have marked
( indicating ) . Dr . Colle stated that the Hewetts and Ewings are
• interested in letting the Town have access , and extending that
right of way across there , is so the Town can service it . Dr .
Colle pointed out that , continuing with the water strip " S " , the
Planning Board 7 March 6 , 1984
. Board would note that that strip stops on a particular piece
( indicating ) above Hewett ' s parcel " 0 " . Dr . Colle stated that
both Hewetts and Ewings have agreed that it would be beneficial
to continue that strip across the top of their land and are
interested in negotiating an easement with the Town to be able to
deal with that . Again indicating on the map , Dr . Colle stated
that , if you go from the cul de sac toward Slaterville Road , you
will see a strip marked " Walkway / Utilities " . Dr . Colle stated
that the exact location of that would be up to experts to go in
and see the lay of the land , however , the idea is there for the
walkway and utilities all the way down to Slaterville Road . Dr .
Colle asked that Dr . Mecenas continue and describe certain other
aspects of the proposal .
Dr . Mecenas stated that they were hoping that the houses
that would be built in these proposed lots will be of the same
quality as what is in place on Slaterville Road and Pine Tree
Road , Dr . Mecenas noted that the lots are approximately 225 '
deep and 100 ' wide , adding that those are the typical dimensions .
Dr . Colle pointed out that , as you get into the cul de sac area ,
some of the shapes are irregular , however , the size is fairly
consistent .
Dr . Colle stated that one thing they have not really had a
chance to talk with Mr . Fabbroni about is the possibility of
further control of the water by possibly putting in some
• additional ditches along the railroad bridge ( indicating ) just
above Denman , Hewett , and Ewing . Dr . Colle commented that they
might want to bring that into the whole system .
Mrs . Schultz asked if the proposal was to just sell the
lots . Dr . Colle responded that they want to be in on what goes
up there . Dr . Colle stated that their expectation is in the
maintenance of the care and quality of houses in the
neighborhood , but they would also like to control the actual
character of the houses such that they have the same uniformity ,
for example , the same siding .
Mrs . Langhans wondered how they could do that , really . Mrs .
Langhans wondered how such conformity could be attained . Mr .
Fabbroni noted that they own the land . Mrs . Langhans wondered if
they would specify a particular contractor . Dr . Colle stated
that their idea is to try and find ten to twelve people who are
interested in both building and building up there , and see if
they would be interested in some economies of scale by all
building at the same time . Mrs . Langhans stated that she would
not think they would want them all to look the same . Dr . Colle
stated that that was not really the case , adding that every house
could be different but be of some uniform character so that there
would not be one stucco , one brick , one paint , etc . Dr . Colle
suggested that perhaps the word " theme " is a better choice of
. words . Mrs . Langhans asked if they envisioned one - story houses ,
two - story houses , split levels , or had they thought about that .
Planning Board 8 March 6 , 1984
Dr . Colle stated that what is in the area are essentially single
family dwellings .
Mr . Klein recalled that at the beginning of his statement
Dr . Colle had referred to several parcels to the west and asked
if these were part of their property . Dr . Colle stated that they
were not ; they have already been bought and turned over to
property owners on Pine Tree Road , Mrs . Langhans wondered if
that happened at the same time they purchased the Marion Estate ,
Dr . Colle responded , yes , adding that it was practically on the
same day .
Chairman May noted that it appeared to be , from the map , the
applicants ' intention that this lower land ( indicating ) would
stay permanently as a recreational area . Dr . Colle stated that
that was not correct and pointed out those that would be building
lots and showed on the map the recreation area . Mrs . Langhans
commented on there being one road in . Mr . Fabbroni pointed out
that there were two roads such that people would come up Snyder
Hill Road into Eastern Heights and down one of those roads . Dr .
Colle stated that that was correct and was by design . Dr .
Mecenas pointed out that the accesses are shown off Regency Lane
and Park Lane from Eastern Heights , there being no Route 79
access and no Pine Tree Road access .
Chairman May commented that probably from the Town ' s
• standpoint the content of the proposal would be of tremendous
help to the Town from the water / drainage angle . Mr . Fabbroni
stated that this sort of finishes the drainage the Town has been
working toward for many years . Mr . Fabbroni described the
cooperation over the years between the Town and John Marion ; he
described the control structures and some of the maintenance
thereof needed . Mr . Fabbroni commented that he has always
wondered just what would be the outcome after all these years if
the Town got neighbors who would enable the Town to continue the
work it has started . Mr . Fabbroni stated that he has stressed
open space for drainage rather than open space for recreation .
In this connection , Mr . Fabbroni indicated on the drawing the
Town of Ithaca parcel which is the Tudor Road Park . Mr . Fabbroni
described the area that Dr . Baldwin maintains in what could be
termed his own private preserve on the north end and about which
the Town has said over the years that it is at his fancy who uses
it , adding that neighbors use it if they do not abuse it . Mr .
Fabbroni reitereated that during the discussions with the
developers the need for additional recreational space has not
been stressed and noted that they show it as their own idea for
such things as sledding , frisbee , and the like . Mr . Fabbroni
commented that that area may turn out to be a lot ten years down
the line . Referring to the " S " area and the " R " area , Mr .
Fabbroni spoke of the water tank and an area of Town property on
the drawing which is a 100 - foot box and the last piece of land
between the two and described the drainage involved and how what
is being presented by the developers is a chance to consolidate
the Town ' s efforts over the years . Mr . Fabbroni commented that
Planning Board 9 March 6 , 1984
parcels " R " and " S " are a little less than 10 % of what amounts to
29 lots being proposed . Mr . Fabbroni pointed out , beyond that ,
certain easements for drainage about half way down and commented
that he liked that this breaks the hillside into as many pieces
as possible , indicating the way the drainage goes down to
Slaterville Road and ties into the new State drainage
improvements on the corner of Pine Tree Road and Slaterville
Road . Mr . Fabbroni described how this is all falling together to
find a place to run that water to .
Dr . Colle noted that all this land ( indicating ) that has
been added by the neighbors is not for building , commenting that
they are backyards for them - - open space , really and adding that
there is no access anyway .
Mrs . Grigorov wished to clarify that parcels " S " and " R " are
to go to the Town . Mr . Fabbroni described how parcel " S " would
be expanded , all by easement , across parcels " 0 " and " P " .
Chairman May noted that the developers are also talking about
expanding the end of the cul de sac as an access easement .
Mr . Elmer Ewing stated that he and his wife and the Sapps ,
farther down Slaterville Road , share the " gorge " there and
commented that it is getting to be quite a " gorge " . Mr . Ewing
stated that they are very interested in what Mr . Fabbroni has
been talking about . Mr . Ewing stated that the Hewetts have
• indicated that they would go along with that also , adding that
they are interested in the problem up above where the diversion
ditch goes into the stream . Mr . Ewing stated that they ( Ewings )
are not interested in having more water going into that stream
but they do not want to create more problems for the Hewetts ,
however , they ( Ewings ) would be concerned that no more water goes
into that diversion ditch . Mr . Ewing reiterated that that would
concern them very much .
Mr . Fabbroni stated that there may be less water coming to
that stream because of that drainageway being talked about now ,
although it is hard to say because he did not have the design
detail , but there should be no more and possibly less . Mr .
Fabbroni commented that some water would be cut off by the
development of the lots and brought back to the northwest , adding
that it is now sheeting in a southerly direction . Mr . Fabbroni
noted that there are no new connections from Eastern Heights into
the diversion ditch . Referring again to the " S " area , Mr .
Fabbroni described a little trench there which starts out at
Regency Lane and turns into a full - fledged matter into the
diversion ditch , adding that everything else would drain to the
area shown on the plan as walkway / utilities . Mr . Fabbroni
commented on and described how , under another development
pattern , it would be possible to have another stream , noting that
the dedication of the walkways / utilities strip and the drainage
planned changes that possibility . Chairman May commented that
having access to maintain that stream would benefit the Town a
lot also .
Planning Board 10 March 6 , 1984
Mr . Ewing stated that he would like to have access and in
return have the right to come through there to get onto his land
with a tractor if he should ever need to , perhaps by a new road
down to the cul de sac . Mr . Fabbroni thought that the easiest
way would be for Mr . Ewing to have access over that strip
( indicating ) and , in turn , give the Town the right to operate
over their right , i . e . , a permanent easement to the Town from the
individual . Mr . Fabbroni commented that the Town would love to
be written into an instrument but this is really the better way .
Chairman May asked the Board members how they felt about the
proposal , noting that this is an informal discussion . Dr . Colle
commented that he and his colleagues would appreciate having some
sense as to whether it is appropriate to go ahead with this kind
of idea , or , whether they are way off - base .
Mrs . Langhans thought that she had heard that the recreation
area shown might be a lot . Dr . Colle stated that that was right ,
adding that it would not be a separate lot but would be added to
another .
Mr . Klein wondered if this scheme works out for the
topography . Dr . Colle stated that it did , adding that the cul de
sac will be almost level and further that the cul de sac is
proposed at 60 feet wide with the 100 - foot lots fronting thereon .
0 Mr . Fabbroni described the foot access to Slaterville Road
which , for example , could permit the picking up of transit
service there . Chairman May wondered about problems with stairs
on the walkway , were there to be any . Mr . Fabbroni stated that
that could be better determined when the topo is available . Mrs .
Langhans wondered if it would be a Town -maintained path in the
winter to walk to transit . Dr . Baldwin stated that it was too
steep for such use in the winter and added that he did not think
it should be Town -maintained ; he thought it should be private .
Chairman May stated that he thought it looked very nice as a
project and offers a nice solution to the drainage problems .
Mrs . Grigorov stated that she thought that people living in an
area and protecting it is good . Chairman May thought that ,
perhaps , the square turn at the top ( off Regency Lane ) could be
curved a little . Mrs . Schultz thought that the headlights of
cars coming in there would be a bit of a problem for the house to
be in parcel # 1 . Mrs . Langhans agreed .
It was the consensus of the Board that it was a very nice
project . Doctors Colle , Baldwin , and Mecenas thanked the Board
members and the staff members for their time and consideration .
DISCUSSION OF A DRAFT AMENDMENT TO THE ZONING ORDINANCE
PERMITTING PLANNED UNIT DEVELOPMENTS IN THE TOWN OF ITHACA ,
Each of the Planning Board members wa0
s for his / her
/ her
comment the following draft document with respect to PUDs
Planning Board 11 March 6 , 1984
• ( Planned Unit Developments ) , prepared by Mr . Lovi , and proposed
as an additional section to be included in the revisions being
considered for the proposed new zoning law .
" Section 1 . Definitions .
Planned Unit Development - A diversified development project
which does not fit the basic district regulations of this Zoning
Law , and which is developed as an entity in such a manner as to
promote the general development policies of the Town . It permits
activities , mixtures of activities , and densities which are not
allowed by any of the district regulations in this Zoning Law .
Planned Unit Development District - A zoning district established
upon application by a developer . Establishment of a Planned Unit
Development District constitutes an amendment to the Zoning Map ,
in that it replaces all of the existing district regulations with
the provisions of the Planned Unit Development Amendment adopted
according to the procedure set forth below . An amendment to this
Zoning Law to provide for a PUD District is subject to the same
procedural requirements as any other amendment , including Public
Hearings , posting , and notification of adjacent landowners .
Planned Unit Development Districts are identified individually
and sequentially ( e . g . PUD - 1 , PUD- 2 , etc . ) Individual Planned
Unit Development Districts , each with its own number , are estab -
• lished by preparing and adopting an amendment to the text and map
of this Zoning Law . These amendments are to be inserted as
Section 9 .
Section 2 . Purpose .
The purpose of a Planned Unit Development District is to intro -
duce a degree of flexibility in conventional land use and design
regulations which will encourage imaginative and innovative
developments which will insure efficient investments in public
improvements , a more suitable environment , and protection of
community interests in accordance with a comprehensive plan . The
Planned Unit Development District is intended to encourage
innovation in residential , nonresidential , and combined - use
development so that the demand for residential and nonresidential
facilities of many different types and prices can be met .
It is recognized that certain types of nonresidential activities
in otherwise residential areas are beneficial if they observe
certain performance and design conditions . The Planned Unit
Development District is to be used to enable developments to
occur that may not be permitted on a lot -by - lot basis by the
Basic District Regulations of this Zoning Law . Therefore , where
the Planned Unit Development concept is appropriate and the land
is rezoned to a Planned Unit Development District , the regula -
tions set forth in the Basic District regulations are replaced
with the regulations adopted specifically for the Planned Unit
Development District under consideration .
• Planning Board 12 March 6 , 1984
• Section 3 . Specific Objectives .
The objectives of the Planned Unit Development procedure are to
achieve , insofar as possible , the following :
1 . A maximum choice in the types of environment , occupancy ,
tenure ( e . g . condominium , individual ownership , coopera -
tives , leasing ) , types of housing , and community facilities
available to existing Town residents at all economic levels ;
2 . More usable open space and recreation areas ;
3 . More convenience and flexibility in the location of any
nonresidential facilities ;
4 . The preservation of trees , drainageways , outstanding natural
topography and geologic features , and prevention of soil
erosion ;
5 . A creative use of land and facilities which will produce an
orderly transition from intensive to less intensive use of
land ;
6 . An efficient use of land resulting in smaller networks of
utilities and streets , and thereby , lower community costs ;
• 7 . A development pattern in harmony with the long - range objec -
tives of the general development plan of the Town ; and
8 . A more desirable environment than would be possible through
the strict application of other provisions of this code .
Section 4 . General Considerations ,
1 . A Planned Unit Development District may be considered
anywhere in the Town .
2 . When reviewing a site plan for a project which has not been
proposed as a Planned Unit Development , the Planning Board
may decide that due to scale , location , expected impact , or
other factors , the project should be resubmitted as a
Planned Unit Development proposal .
3 . Establishment of a Planned Unit Development District is an
amendment to the Zoning Law and therefore must follow the
procedures described elsewhere in this Zoning Law for the
amendment of the Law .
4 . The lot area is not to be less than 10 acres .
5 . The lot must have a minimum frontage of 600 feet .
• Planning Board 13 March 6 , 1984
• 6 . The overall development intensity may not be higher than the
highest development intensity permitted in any abutting or
superimposed district .
7 . All residential facilities and activities are permitted in a
Planned Unit Development District , and any nonresidential
facilities and activities will be permitted if the developer
can demonstrate that they will promote the long - range
objectives of the general development plan of the Town , will
contribute to the quality of the proposed development of the
area , and will lead to the direct or indirect enhancement of
the surrounding neighborhood in terms of open space ,
vehicular and pedestrian traffic movement , community opera -
tive costs , landscaping , preservation of natural features ,
and an improved living environment .
7 . The Town Board will act as the Lead Agency in the environ -
mental review of all Planned Unit Developments .
8 . A Planned Unit Development which is predominantly for
Commercial or Industrial Activities will be approved only on
sites abutting State Highways , except that sites not on
State Highways will be considered if the lot size is at
least 25 acres , and the road frontage is at least 1000 feet .
Section 5 . Planned Unit Development Procedure .
• Planned Unit Development Districts are e considered and adopted
individually according to the following procedure .
Preliminary Proposal
An applicant for a Planned Unit Development District must submit
a request to the Town Board in the form of a Preliminary PUD
proposal , which must include :
1 . A sketch development plan showing existing and proposed
development and the approximate location of proposed facili -
ties and activities , existing topographic characteristics ,
approximate location of streets and easements , and existing
development immediately adjacent to the proposed PUD Dis -
trict ,
2 . A written explanation of the character and purpose of the
Planned Unit Development District including the type and
density of any housing proposed , the water and sewer system
proposed , a general statement of proposed financing , and the
expected timetable for development .
3 . An Environmental Assessment Long Form .
• 4 . A request to rezone a specific site to a PUD District ain
accordance with the amendment procedure of this Zoning Law .
• Planning Board 14 March 6 , 1984
• 5 . A description of the site boundary suitable for inclusion on
the Zoning Map ,
6 . An outline of the contents of the PUD regulations sought ,
covering as many as possible of the points in a Basic
District Regulation ,
The Town Board may direct the applicant to provide additional
information and to attend meetings to confer with them .
Preparation of an Amendment for a Planned Unit Development
District
The Town Board takes under advisement the materials and infor -
mation presented in the applicant ' s preliminary proposal . If the
Town Board chooses to act on the application and proceed with the
rezoning to a PUD District , an amendment to the Zoning Law is
prepared including an amendment to the map and regulations
governing the PUD District .
The regulations shall , as a minimum , cover the following points :
1 . Facilities and activities to be allowed : mix , magnitude ,
and location ;
2 . Minimum lot area and frontage ( if PUD is to be divided into
• separate ownership parcels ) ;
3 . Minimum yard depth , including spacing between facilities ,
and
4 . Maximum facility dimensions .
In addition , the regulations for the PUD District should include
all other items the Town Board considers pertinent . The Town
Board may include provisions which are not found elsewhere in
this Zoning Law but which is a legitimate exercise of police
power .
Section 6 . Site Plan Review of Newly Established Planned Unit
Developments .
In amending the Zoning Law to establish a new PUD District the
Town Board also directs the Planning Board to conduct Site Plan
review and approval of a Final Detailed Site Plan for the Planned
Unit Development District , thereby ensuring that the PUD District
is developed in accordance with the applicable regulations .
Section 7 . Town Board Review .
If within a reasonable time after approval of the Final Detailed
Site Plan by the Planning Board no progress has been made on the
PUD by the developer or any successor , the Town Board may con -
sider amending the Zoning Law to delete the PUD district .
, J Planning Board 15 March 6 , 1984
Section 8 . Revisions of Final Detailed Site Plan for Subdivided
Planned Unit Developments .
All sections of a subdivided Planned Unit Development District
are to be controlled by the Final Detailed Site Plan . The
provisions governing amendments to the Final Detailed Site Plan
apply even though subdivision has occurred . The owners or
lessees of a subdivided Planned Unit Development District may
jointly or separately make application under this Zoning Law for
an amendment to the Final Detailed Site Plan . "
Mr . Lovi stated that he had used the Town of Groton ' s PUD
amendment as a model for the draft before the Board . Mr . Lovi
stated that Gary Evans of the Tompkins County Department of
Planning staff had been responsible for assisting the Town of
Groton in preparing its PUD amendment , commenting that it is
pretty much " state of the art " . Mr . Lovi noted that PUDs had
been a part of both the 1974 draft zoning ordinance and the 1976
draft zoning ordinance , proposed in both cases as if they were
another zoning district designation . Mr . Lovi also noted that
PUDs disappeared from the drafts prepared after 1976 .
Mr . Lovi stated that in the proposal before the Board
tonight , the PUD is not another zone , it is a condition . Mr .
Lovi stated that , when there is a use , or a site plan , or a
proposal which , in the way it is presented , conceived , and
• structured would not fall comfortably within any of the zone
designations in the zoning law and , thus , a rezoning is not the
appropriate tack , therefore , the Planning Board recognizes the
use of the PUD condition . Mr . Lovi pointed out that an example
of such a situation would be Mr . Wiggins ' Chateau proposal which
involved expansion of L ' Auberge and the development of a bed and
breakfast accommodation . Mr . Lovi commented that if the PUD
concept here presented were a part of the existing Town of Ithaca
Zoning Ordinance , The Chateau could be PUD # 1 and further , Lake
Shore West could be PUD # 2 ,
Mr . Lovi stated that the document presented for comment is a
particular bit of legislation which embodies planning criteria .
Mr . Lovi stated , insofar as procedure is concerned , PUD review
proceeds much like a rezoning from one zone designation to
another , because it is a rezoning . Mr . Lovi pointed out that the
document envisions the Town Board receiving advice from the
Planning Board with the Planning Board essentially saying , " We
think you should look at it as a PUD . " Continuing , Mr . Lovi
noted that then the Town Board looks at the Environmental
Assessment Long Form , makes a determination , and then they rezone
that property with conditions . Mr . Lovi pointed out that the
Town Board may refer the matter during its deliberations to the
Planning Board for conditions , commenting that this would be most
likely to occur . Mr . Lovi stated that the Planning Board would
• impose such conditions as it may deem appropriate and submit a
resolution of recommendation back to the Town Board which could
modify the proposal if it saw fit .
. � Planning Board 16 March 6 , 1984
Chairman May asked if this proposed document called for the
Planning Board to be initiator of the PUD to the Town Board , Mr .
Lovi stated that it did not ; it is the developer who would be the
initiator . Mr . Lovi commented that this approach is essentially
a merging of a lot of the things which are spread around
presently among the Zoning Board of Appeals , the Planning Board ,
and the Town Board , Chairman May stated that it looked to him
that this opens up nothing abnormal , the only restriction is ten
acres . Mr . Lovi commented that that is the idea , adding that
this is a process of negotiation - - it does not oblige , it is not
by right . Chairman May thought the proposal contained pretty
good checks and balances between the Planning Board and the Town
Board . Mr . Lovi pointed out the references to parcels on State
Highways where , if the proposed PUD is predominantly for
commercial or industrial activities , the parcel must be located
and , if it is not , it must contain 25 acres and have 1 , 000 feet
of frontage . Mr . Lovi described how the existing 1968 ordinance
essentially emphasized " uses " rather than " effects " . Mr . Lovi
pointed out to the Board that , in his opinion , the most important
sentence in the document is in Section 4 , paragraph # 6 - - " The
overall development intensity may not be higher than the highest
development intensity permitted in any abutting or superimposed
district . "
There will be further discussion on PUDs at future meetings .
• ADJOURNMENT
Upon Motion , Chairman May declared the March 6 , 1984 meeting
of the Town of Ithaca Planning Board duly adjourned at 10 : 00 p . m .
Respectfully submitted ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Planning Board .
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