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HomeMy WebLinkAboutPB Minutes 1985-10-01 awl • TOWN OF ITHACA PLANNING BOARD OCTOBER 1 , 1985 The Town of Ithaca Planning Board met in regular session on Tuesday , October 1 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , Edward Mazza , Barbara Schultz , Virginia Langhans , David Klein , Peter M . Lovi ( Town Planner ) , Lewis D . Cartee ( Building Inspector ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Esther Eckert , Walter Eckert , Bill Johanson , Daisy Johanson , William F . Albern , Alethea C . Hall , William L . Hall , Robert G . Berggren , Sam Matychak , Louis Michael , Walter Lane , George Brenner , Marie Mello , Harold Fishburne , Merrill E . Hartz , Gary Wilhelm , Gordon W . Maycumber , Jack Eckert , Paul A . Jacobs , Ted Huntington ( WTKO News ) . Chairman May declared the meeting duly opened at 7 : 40 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 September 23 , 1985 and September 26 , 1985 , respectively . Chairman May announced that the McCord / Scarofile Subdivision Hearing had been cancelled for this evening . APPROVAL OF MINUTES - July 2 , 1985 MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Virginia Langhans : RESOLVED , that the Town of Ithaca Planning Board approve and hereby does approve the Minutes of the July 2 , 1985 meeting of said Planning Board , as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Mazza , Langhans , Klein . Nay - None . Abstain - Schultz . The MOTION was declared to be carried . APPROVAL OF MINUTES - July 16 , 1985 MOTION by Mrs . Virginia Langhans , seconded by Mrs . Carolyn • Grigorov : RESOLVED , that the Town of Ithaca Planning Board approve and Planning Board 2 October 1 , 1985 • hereby does approve the Minutes of the July 16 , 1985 meeting of said Planning Board , as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Schultz , Langhans , Klein . Nay - None . Abstain - Mazza . The MOTION was declared to be carried . STAFF REPORT - Peter M . Lovi Mr . Lovi stated that the only thing he would like to talk about is a comprehensive plan study that he was doing with respect to investigating locations in the Town that would be suitable for the siting of trailer parks . Mr . Lovi stated that , as the Board knows , trailers and trailer parks are not permitted at all in the Town , although we are looking at a zoning ordinance amendment which would allow a zone to be established . Mr . Lovi stated that what he is doing in this study is starting off from a series of guidelines and going through all the land in the Town and gradually excluding all those that would not meet those guidelines and , then , evaluating guidelines for those that remain . Mr . Lovi stated that he can present a summary of this later tonight when we talk about trailer parks , and , the Board can ask him to make them more restrictive or less restrictive . Chairman May asked if there were any questions for Mr . Lovi . There were none at this time . BUILDING INSPECTOR ' S REPORT - Lewis D . Cartee Mr . Cartee ' s Report of Building Permits Issued for the month of September 1985 showed that 17 permits were issued for $ 220 , 576 . 00 of improvements , as compared with September 1984 when 21 permits were issued for $ 348 , 899 . 00 of improvements . Chairman May asked Mr . Cartee if he had anything he wished to add , with Mr . Cartee responding , no , and adding that the Board has his Report in hand . Chairman May asked if there were any questions ; there were none . Chairman May thanked Mr . Cartee for his report . DISCUSSION OF THE CLUSTER REGULATIONS Speaking to Mr . Lovi , Chairman May noted that he was going to bring back some additional information from the Board ' s last meeting on this subject [ September 23 , 1985 ] . Mr . Lovi , commenting that that was correct , stated that , starting on Page 21 of the Subdivision Regulations [ Article V , Rules • and Regulations for Clustered Subdivisions ] , there are a series of restrictions which pertain only to cluster subdivisions which are more stringent and give the Planning Board a great deal more control Planning Board 3 October 1 , 1985 • over a development than over traditional site plan review , and , with these we do have that sort of authority here , specifically , on Page 22 , we regulate the number of dwelling units permitted - - Section 32 , Paragraph 4 , Sub - paragraphs a ) through h ) - - and there is some language setting out the authority . Mr . Lovi read : " Considerations which the Planning Board may use in order to limit the number of dwelling units or lots which may be developed in any clustered subdivision include but are not limited to : " Mr . Lovi read sub - paragraph a ) : " will such a development be substantially and materially injurious to the ownerhsip , use and enjoyment of other property in the vicinity or neighborhood ; " Mr . Lovi commented that this is the sort of broad language that you find in ordinances and asked , what does it really mean ? Mr . Lovi stated that he believed that , as with the other consideration that follow , the Planning Board has the authority , under these Regulations , to start with a number that is physically possible , that is , grid out a subdivision , multiply every lot by two , and that gives you what we call the upper bound , provided it is not over 3 . 5 units per gross acre . Mr . Lovi explained that , in other words , you meet all the requirements , and that is , say , 62 , and you multiply by two which equals 124 , which you would then cluster , as in Commonland . Mr . Lovi stated that these considerations , in Paragraph 4 , give the Planning Board the authority , under certain circumstances , to • reduce that number below what would be permitted , because it recognizes the different aspects of " cluster " which are , in fact , different from regular subdivisions . Mr . Lovi stated that the only caution he would give to the Board is that whenever the Board does apply restrictions , it should be reasonable in following the guidelines , and , the Board should have as much evidence as possible to show that the subdivision which it is restricting , the Board will , in fact , have the facts that give it the right to restrict the number of units , such that it gives the subdivider due process and that subdivider knows what the Board is doing and has access to the same material and has time to respond . Mr . Lovi stated that there are several other sections in the Cluster Regulations which go beyond merely limiting the number of units which would be permitted , but get into the real site planning considerations and which we never could get into in a conventional subdivision plan , where we only see lot lines and not color of shingles . Mr . Lovi noted that , if you look on Page 23 , Section 34 , Regulation of Exterior Characteristics , the Board can modify the proposed development so that the construction phasing , and other aspects , are as compatible as possible with other developments and the comprehensive plan of the community . Mr . Lovi pointed out that the Board may consider the view that adjacent owners have , as public property , and what would be that view . Mr . Lovi commented that , if you had a subdivision which was going to interfere with the view , say there was open field and slope and ten buildings in there , and • because of the angle , it will block property of that view , the Sub Regs would give the Board the authority to relocate that house so that the view is not unduly affected . Mr . Lovi commented further w Planning Board 4 October 1 , 1985 . that in the case of Cornell University , had there been existing landowners who said they have this magnificent view of Cayuga Lake and this will block it , the Board , if it established good purpose , could make a change in the site plan . Mr . Lovi pointed out that other places do this sort of thing , commenting that this is not a Trotskyite authority . Mrs . Grigorov noted that Mr . Lovi had said that the Board cannot do this kind of thing in other subdivisions . Mr . Lovi said that that was right , adding that in cluster , because of the modification of lot and area requirements and the flexibility the Board has , it is given additional authority to say , yes , you are going to give the developer flexibility in siting , but , you have very strong powers to control siting . Continuing , Mr . Lovi stated that the Board could also regulate the size , type , and color and shape of materials ; it could require a certain range of materials . Mr . Lovi stated that the Board could permit a range from , for example , say , within these " five " types , adding that there is this kind of expertise on this Board , and it has that authority and could use it well . Mr . Lovi stated that it was true that Commonland was brought in by an architect and had certain attractive elements , but the subdivider may not always be the developer who may build many different buildings , and the Board might require that developer to present a series of building plans , a series of elevations , so that you know , and the public knows , ahead of time , as part of the subdivision review , what type of housing , • what sort of look , this community is going to have . Mr . Lovi stated that this is not the kind of control that you have in a conventional subdivision . Mr . Lovi offered , if you take Eastern Heights , for example , you can see many varieties of architecture - - Georgian , Italianate - - which is all well and good , but there is no site plan control over that . Mr . Lovi stated that he was certainly not an advocate of all houses in a development being the same , but , perhaps , the facades could be regulated . Mr . Lovi commented that the Board may not need to get into the exact styling of every individual house , however , you may if you want to . Mr . Lovi pointed out that these are open- ended regulations and as long as the steps taken are reasonable , they are going to be upheld . Mr . Mazza wondered , if that is attractive , why could we not pass an amendment to our zoning ordinance that says - - in our subdivision regulations we have those same controls - - such that any house in that subdivision is going to have certain features . Mr . Lovi responded , you could , but there has to be a public purpose that the legislation is serving , It was noted that the case may be made that all subdivisions come under subdivision control . Mr . Lovi offered that it is more clear that because cluster subdivisions are of a different kind and they do allow something different , site plans and other restrictions are supportable . Mr . Mazza stated that he almost gets the feeling that we look at clusters as something negative and , if you are going to do that sort • of negative thing , you have to do all that " additional stuff " in the cluster reqs . Chairman May commented that they may offer more incompatibility to a neighborhood than a standard subdivision . Mrs . • Planning Board 5 October 1 , 1985 • Langhans stated that you are dealing with units that are together , so you would want each to be sort of the same , or harmonious , but the individual owner may want " green " or " pink " . Mr . Lovi offered that Mrs . Langhans had made the case for those kinds of clusters we have seen . Mr . Lovi stated that you could have a clustered subdivision where every single unit is a single unit , detached . Mrs . Langhans wondered why that would be a " cluster " , with Mr . Lovi responding , because of a smaller size lot , but with the number of units not exceeding that which could be built as a standard subdivision . Mr . Lovi stated that they could be single family homes , adding that it is the size of the lots that is at issue . Mr . Lovi stated that , for there to be development of affordable housing these days , the problem is the size of the lot - - large lots are expensive and the reason cluster is attractive to builders , clustering allowing for more economical development . Mrs . Langhans stated that that was not her perception of cluster . Mr . Lovi offered that that gets to the heart of the matter . Chairman May stated that Mr . Mazza had pointed out that there is more control through cluster . Chairman May stated that one of the things that came out of our last meeting on the 23rd of September was that many of the things , if not all - - in fact some of the people felt all - - that were being asked for in the duplex amendment already existed within the cluster regulations and , therefore , the question arose as to why we were trying to set up a separate amendment . Chairman May stated that Mr . Lovi was asked to specifically to point out these controls that we have in the present cluster regulations in order to address specific concerns related to duplexes in a development . Mr . Lovi stated that in a development that is large enough to be a cluster - - not infill development - - there are three very clear restrictions , being , the number of units , regulation of exterior characteristics , and the restriction of the number of unrelated persons . Referring to Article V [ Rules and Regulations for Clustered Subdivisions ] , Section 35 , page 24 , of the Subdivision Regulations , Mr . Lovi pointed out that the Board has the authority to make specific limitations on the number of unrelated persons who may be entitled to live in either a unit or in the whole subdivision . Mr . Lovi , asking - - why is that a problem - - stated - - because the way our zoning ordinance is structured , the number of persons permitted to live in a one - family house and a two - family house are one and the same , which is three , adding , whether that is intended or not , which may be an arguable point , it is the case . Mr . Lovi stated , so , in a cluster where each house is a single family you would automatically double the number of persons who could live there , therefore , these cluster regulations were written to permit restricting the number of unrelated persons , for example , as in Commonland , where 124 units times three could have allowed 372 people . Mr . Lovi offered that you want to have the authority to restrict the number of unrelated persons , and you do have that authority . Mr . Lovi stated that that • is really all he had to say . Chairman May thanked Mr . Lovi and stated that he thought we Planning Board 6 October 1 , 1985 . should leave that and go on to our next agenda item , unless the Board has any questions for Mr . Lovi . There were no questions . ADJOURNED PUBLIC HEARING ( FROM SEPTEMBER 17 , 1985 ) : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A 7 -LOT SUBDIVISION AT 118 COMPTON ROAD , TOWN OF ITHACA TAX PARCEL # 36 - 2 - 4 . 2 . ROBERT BERGGREN , OWNER / SUBDIVIDER . Chairman May declared the Adjourned Public Hearing in the above -noted matter duly opened at 8 : 09 P . M . Mr . Berggren was present . Chairman May asked the Secretary to read aloud the report prepared by Assistant Town Engineer , Robert Flumerfelt . The Secretary read : " MEMORANDUM TO : Peter Lovi FROM : Bob Flumerfelt RE : Berggren Subdivision - Compton Road DATE : October 1 , 1985 On Friday , September 27 , 1985 , you and I met with several owners of property adjoining this proposed subdivision . It was raining heavily and , in that respect , it was a good time for us to be there as one of the group ' s major concerns is what provisions will be made • in the new subdivision for handling surface water runoff . It appears that , even in relatively dry periods , there are soggy areas in that locality . Mr . Michael , the neighboring property owner to the west , pointed out such an area on the east side of his lot where a dump truck had sunk in significantly even in the driest part of this summer . The Tompkins County U . S . D . A . Soil Survey indicates the predominant soil in this area is Erie channery silt loam , a soil type that exhibits a seasonally high water table and slow permeability . I believe it is quite important , therefore , that in new development in this area careful attention be given to stormwater drainage provisions and siting and design of sewage disposal systems . Surface water drainage from this proposed subdivision should be handled in a manner that will not add to drainage problems that some of the neighbors are apparently already experiencing . My recommendation is that Mr . Berggren submit a stormwater drainage plan for the 15 ± acre parcel to be subdivided before the Town grants final subdivision approval . The plan should show contours at a 5 - foot contour interval , existing water courses , proposed drainage swales , proposed roadway grades , and gradients and direction of flow of proposed roadside ditches . Culvert locations , sizes and slopes should be indicated . With regard to sewage disposal provisions , we should be sure that the Tompkins County Health Department has approved the design of sewage disposal systems . " Chairman May asked Mr . Berggren if he had had the contour map done as yet . Mr . Berggren responded , no , not yet , adding that as far as sewage disposal , he has not designed that yet , but he has talked to the Health Department . Mr . Berggren stated that he would suggest that he would like to have preliminary approval on this and , before Planning Board 7 October 1 , 1985 final , he would come in with the maps . Mr . Berggren stated that he has talked to Mr . Flumerfelt and he was aware of what he [ Flumerfelt ] needs . Chairman May asked Mr . Lovi if there were anything he wished to add . Mr . Lovi stated that he did go out with Mr . Flumerfelt on Friday and he concurred with his recommendation . Mr . Lovi stated that we do have a subdivision map which would be suitable for preliminary approval if that was the Board ' s pleasure , adding that the granting of preliminary approval in no way implies that the Board would grant final approval , and further adding , as long as Mr . Berggren and the public understands that . Mr . Lovi noted the recommendations indicated by Mr . Flumerfelt for final approval - - contour , directions , etc . Mr . Lovi noted one matter which Mr . Flumerfelt had recommended which would be somewhat difficult to get because of the review policies of the Health Department , and that would be an approval of the provisions for sewage disposal , since , usually they do not approve a plan until this Board has given its approval . Mr . Lovi noted that we have usually made approval contingent upon Health Department approval . Mr . Lovi pointed out that the Health Department has a five - lot minimum for what it considers a realty subdivision , adding that he has discussed this with Mr . Fabbroni and it is their opinion that this subdivision , as it is completely proposed , is seven lots , with only three presented now , as Stage I . Mr . Lovi stated that , certainly , the impacts , when fully developed , are for seven lots , and , as the soil type is • predominantly Erie channery silt loam across that land , it is reasonable to ask for Health Department approval for Phase I and Phase II unless the Health Department deemed it okay . Town Attorney Barney stated that he was looking at this plat , and the requirements for Preliminary Approval , and it seems a little deficient . Town Attorney Barney asked if there were waivers in place . Mr . Lovi stated that the Planning Board has the authority , under Section 10 [ page 51 of the Subdivision Regulations , to waive any specifications or provisions under certain circumstances . Mr . Lovi stated that it has been the practice of this Board in similar subdivisions - - two or three lots - - not to require the full list of items in Article VI [ page 251 . Mr . Lovi stated that the Board could , of course , if it wanted to , however , Mr . Berggren ' s Preliminary Subidivision Map [ " Schembri - Hollister Estates " , dated September 16 , 1982 , amended March 27 , 1985 , further amended July 29 , 1985 ] , is very similar to those which the Planning Board has approved for preliminary subdivision approval . Mr . Mazza wondered what purpose would be served by giving preliminary subdivision approval tonight when we do not have the drainage worked out in a way that we know is workable , adding that he did not see that information , and , unless Mr . Berggren can tell him that the Board is going to have that , it may impact the design . Mr . Mazza commented that , usually , when we do preliminary , it seems on • more minor things . Mrs . Grigorov stated that she and other Board members went up to 1 Planning Board 8 October 1 , 1985 • the site on Sunday , adding that it seemed to her that three houses were not going to make the situation any worse , and further adding that it is a very large piece of land . Mrs . Grigorov stated that they know , now , the size of the lots and the number of houses , adding that she did not know if he needs this for some other purpose . Chairman May commented that , possibly , preliminary approval might mislead Mr . Berggren in some of his development - - either him or someone else . Mr . Berggren offered that he talked to Mr . Flumerfelt and he sees no problem with the drainage , adding that , basically , he is doing it to appease the neighbors . Mr . Klein noted that that is not what he says in his report , adding that when we looked at it , it was rather dry . Mrs . Langhans pointed out that that was only two days after the hurricane , adding that there were some soggy spots . Mr . Klein stated that Mr . Michael ' s house is at the bottom of the slope , adding that the concern with the high slope is spillage from the septic fields . Mr . Klein stated that he thought Mr . Flumerfelt ' s report summarized the observed situation very well , adding that he tended to agree with Mr . Mazza , further adding that there are a lot of waivers here that we would have to grant in order to do preliminary , and further adding that we need to see more detail . Mr . Klein stated that the site slopes to the back , adding that he was not sure how some of those ditches are going to work out , and commenting that it may be chanelling into other lots . Mrs . Langhans offered • that it may be to the back and described a common spot . Mr . Berggren stated that that is where Mr . Flumerfelt wants the drainage to go to . Mr . Klein commented that there are no sewage systems there . Mr . Berggren , noting again that he talked to the Health Department , stated that he can get approval from the Health Department for them , adding that they did not know what the Board wanted and if he could tell them what the Board wanted it would help . Mr . Berggren stated that he asked them that same question about sewage flowing into the fields and they said " NO " that is why they design the sewage systems the way they do . Chairman May stated that he thought it was important here to have the Town Engineer approve a drawing , adding that he has indicated problems and he wants to see a contour map to show how Mr . Berggren is handling the drainage area . Chairman May stated that he thought the Board needs an opinion from the Town Engineer as to a specific proposal . Chairman May reiterated his opinion to the public as to something specific . Mr . Louis Michael , 116 Compton Road , spoke from the floor and asked where Mr . Berggren was going to drain " this " . Chairman May responded that that question was not appropriate at this time . Chairman May stated that the Board has asked for the Town Engineer ' s opinion against a specific plan . A gentleman spoke from the floor and asked when " they " are • proposing to come up this road with sewer and water . Chairman May stated that this Board cannot answer that question , suggesting that they go to the Town Board and ask for that information . Planning Board 9 October 1 , 1985 • Town Attorney Barney addressed Chairman May and asked if Mr . Berggren were clear on what he is required under " this " section , adding that there are an awful lot of things . Town Attorney Barney suggested that , in fairness to him , the Board should tell him what it is willing to waiver , or , perhaps , it should delegate that to Mr . Lovi . Mr . Lovi offered that we have a good deal of this information in hand . Mrs . Langhans pointed out that pages 25 and 26 of the Sub Regs have the list . Speaking to Mr . Berggren , Chairman May stated that , realistically , he did not think he could make the October 15th meeting . Mr . Mazza agreed , adding that if he thought he could do it , he would suggest that he go for it . Mr . Berggren stated that this thing has been put off for six weeks now , adding that we are into Fall and almost into Winter . Mr . Mazza commented that the Board is trying to do it in the most economical way for him . MOTION by Mr . Edward Mazza , seconded by Mrs . Barbara Schultz : RESOLVED , by the Town of Ithaca Planning Board , that the matter of Preliminary Subdivision Approval for the proposed Schembri - Hollister Estates be and hereby is adjourned to October 29 , 1985 , at 8 : 00 p . m . , for consideration of the materials that Mr . Berggren has been requested to get . • There being no further discussion , the Chair called for a vote . _ Aye May , Grigorov , Mazza , Schultz , Langhans , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the subdivision as proposed by Mr . Berggren duly ajourned at 8 : 38 p . m . , and announced to the public the specific adjournment of the matter to October 29 , 1986 , at 8 : 00 p . m . PUBLIC HEARING : PRELIMINARY SUBDIVISION REVIEW FOR A 2 - LOT SUBDIVISION OF . 812 ACRES AT 1048 DANBY ROAD ; TOWN OF ITHACA TAX PARCEL 39 - 1 - 12 . JANETTE McCORD AND RON SCAROFILE , OWNERS / SUBDIVIDERS . Chairman May repeated his announcement that this matter had been cancelled for tonight . PUBLIC HEARING : CONSIDERATION OF SITE PLAN APPROVAL FOR THE ADDITION OF A CHEMICAL STORAGE BUILDING TO GENERAL STORES WAREHOUSE # l . TOWN OF ITHACA TAX PARCEL 64 - 1 - 1 . CORNELL UNIVERSITY , OWNER / DEVELOPER . Chairman May declared the Public Hearing in the above -noted matter duly opened at 8 : 40 p . m . Mr . Merritt E . Hartz , Director of • Facilities , Mr . Gary Wilhelm , Architect , Mr . Gordon Maycumber , Director of Life Safety , and Mr . Jack Eckert , all of Cornell University , were present . Planning Board 10 October 1 , 1985 • The following documents were before the Board . 1 . Long Environmental Assessment Form as completed , signed , and submitted by Henry E . Doney under date of September 24 , 1985 [ Part I , 7 pages ] , with attachment , as follows : " Cornell University Life Safety Services and Insurance Toboggan Lodge , Ithaca , New York 14853 July 11 , 1984 To . General Stores From : Life Safety Services and Environmental Health Subject : Emergency Procedures for Chemical Spills The General Stores chemical inventory has been reviewed and all identifiable chemicals have been assigned the appropriate U . S . Department of Transportation identification number . Also , the National Fire Protection Associate Standard 704 has been applied to each item identified as a hazardous material . The NFPA 704 Standard defines each chemical and assigns a number from 0 - 4 for each of three categories ; Health , Flammability , Reactivity , and a notation of the material if the material is water reactive ( W ) or an oxidizer ( OXY ) . Each number indicates the severity of the hazard for each of the categories . The NFPA 704 Standard provides only a • general guideline and the numerical system tends to treat materials in the most severe light . Example : 1726 Aluminum Chloride 3 - 0 - 2 -W Using the 704 Standard the following information relative to Aluminum Chloride is : Health - 3 Extremely dangerous to enter vapor or liquid . Flammability - 0 Will not burn . Reactivity - 2 Violent chemical change ( reaction ) possible . W Reactive with water . Procedure : Notify Life Safety Services immediately , evacuate the immediate area only . Ventilate the area by opening doors and windows . It should be remembered that dry materials such as crystals , flakes , chips , powders , etc . , will cause less of a problem than liquids as long as they do not mix with other materials , such as organic oils , to form a reactive mixture . Also , dry materials are easier to contain and usually do not give off noxious or toxic fumes . Spilled liquids are more difficult to contain and may give off toxic or corrosive vapors . Liquids can usually be contained with vermiculite . Small quantities of spilled materials are less hazardous than large quantities . • In the event of any spill , notify Life Safety Services immediately and an emergency response will be made to your location either to advise General Stores personnel in the clean Planning Board 11 October 1 , 1985 . up of the material safely or to actually perform the clean up task . ( Life Safety Services , 256 - 3741 Public Safety , 256 - 1111 . ) Deliveries of leaking or damaged chemical containers should not be accepted . A copy of the Department of Transportation ' Emergency Response Guide ' is being provided also as a reference . The D . O . T . identification number corresponds to a number listing appropriate actions and precautions in a chemical emergency . " [ Six -page Emergency Responde Guide attached . ] The Long EAF was reviewed and recommended upon by the Town Planner , Peter M . Lovi , under date of September 26 , 1985 [ Parts II and III ] , as follows : " PART II : Project Impacts and Their Magnitudes RE : Cornell University Chemical Storage Relocation Impacts on Land 1 . There will be no adverse environmental impact as a result of physical changes to the project site . Regrading and fill with minor grade changes are the only significant • physical changes which will be made to the project site . 2 . There are no unusual landforms on the site which would be adversely affected by this project . Impact on Water 3 . There are no protected water bodies which would be affected by this project . 4 . There are no non -protected water bodies which would be affected as a result of this project . 5 . This project will , have no effect on groundwater quality . 6 . This project has a small potential impact on drainage flow and surface water runoff . The construction of the new facility will not appreciably increase surface runoff or soil erosion , given the moderate slope of the site and the small size of the building . Impact on Air 7 . This project will not have an adverse environmental impact on air quality . . Impact on Plants and Animals 8 . There are no known threatened or endangered species of Planning Board 12 October 1 , 1985 . plant or animal which will be adversely affected by this project . 9 . There will be no adverse environmental impact on non - endangered or non - threatened species of plants and animals . Impact on Visual Resources 10 . The project will have no adverse impact on views , vistas , or other aspects of the neighborhood or community visual character . The project is a warehouse which will match the existing land use . Impact on Historical Resources 11 . This project will not impact upon any site or structure of historic , pre - historic or paleontological importance . Impact on Open Space and Recreation 12 . This project will have no impact on the quality and quantity of existing and future open spaces or recreational opportunities in the community . Impact on Transportation • 13 . This project will not significantly affect the existing transportation system . The relocation of one truck per week from the Humphreys Service Building storage facility to the proposed storage facility is a negligible change on the overall level of traffic in the area . Impact on Energy 14 . This project will have no effect on the community ' s sources of fuel and energy . Impact on Noise 15 . There will be no significant odors , noises , glare , vibration or electrical disturbances as a result of this project . Impact on Health and Hazards 16 . This project may have a beneficial impact on public health and safety . At present , a wide variety of chemicals are kept in the existing chemical storage facility ( see list attached ) . Some of these chemicals are extremely dangerous , flammable , or chemically reactive . The existing facility , located in the Humphreys Service Building , is • adjacent to a large residential area in the City and active portion of the Cornell Campus . In the event of a fire , a considerable number of people could be put at risk . Planning Board 13 October 1 , 1985 • By relocating this facility to the " Orchards " and building a new structure , the fire hazard has been lessened and the potential population affected by a fire and a toxic smoke plume is reduced . This new facility will be constructed to building and life safety codes and it has been stated by the project ' s sponsors that this warehouse will be safer than the existing chemical storage warehouse located in the Humphreys Service Building . Impact on Growth and Character of Community or Neighborhood 17 . This project will have no significant impact on the growth and character of the existing community . The character of the area is presently service buildings , research orchards , and warehouses serving the Cornell community . The surroun - ding land in the area is owned by the University and its rate of growth is determined by their needs and priorities . It is presumed that this facility does not conflict with the University ' s master plan . 18 . The project may be compatible with the zoning of this area . The " Orchards " is zoned Residence District R30 . In this zoning district the permitted uses include , " . . . any institution of higher learning including dormitory • accommodations by approval of the Board of Appeals . The application for such approval shall be referred to the Planning Board and no final action shall be taken unless the Planning Board has submitted its report or failed to submit its report within 30 days . " When reviewing this project , the Zoning Board of Appeals will act as Lead Agency in the SEQR review and will need to consider the requirements of Section 77 , Number 7 . 19 . There is no public controversy concerning the project which has been received by this reviewer as of September 26 , 1985 . " " PART III : Reviewer ' s Recommendations This project is an Unlisted action according to Local Law # 3 , 1980 . A Long Environmental Assessment Form has been completed and reviewed for this project because there are particular questions relating to the materials to be stored which could be better answered using this document . Most of the issues reviewed above have been determined to have no adverse environmental impact . The evidence supporting these determinations has been gathered from Comprehensive Planning Studies and technical appendices • prepared by the reviewer and by the Tompkins County Planning Department . Planning Board 14 October 1 , 1985 • The principal issue of environmental concern is the effect of this project on the fire protection system . The information presented indicates that this project will improve the fire safety of chemical storage at Cornell and will reduce the general risk of this storage to the population in this area . I do not foresee any adverse impact on the environment as a result of this action and I recommend a declaration of negative environmental significance . " 2 . Very large Map , entitled " Cornell University , Ithaca , New York " , showing all of Cornell ' s properties in the Town of Ithaca , the City of Ithaca , and the Village of Cayuga Heights , dated June 1982 , and also showing , marked in , the proposed addition to the M . S . O . Warehouses , Salt Storage Building , and the MSO Garage , 3 . Site Plan , Chemical Storage Addition , Warehouse # 1 , Sheet No . 1 , Approval Date - - 9 / 23 / 85 . 4 . Floor Plan , Details , Bldg . Section , Chemical Storage Addition , Warehouse # 1 , Sheet No . Al . Approval Date - - 9 / 25 / 85 . 5 . Mechanical , Chemical Storage Addition , Warehouse # 1 , Sheet No . M1 , Drawing Date - - 9 / 27 / 85 ; attached thereto , Sheet M - 1 , dated 10 / 1 / 85 , Notes [ 5 ] . • Mr . Hartz appeared before the Board and appended a map to the bulletin board which he termed a partial map of Cornell University , and , indicating thereon , noted the area being developed , stating that it is in the area of the Orchards . Mr . Hartz , commenting on the modifications and changes in the area , stated that they got permission to move the Garage Facility recently , which is under construction . Mr . Hartz stated that the facility they are asking for permission on this evening is a Chemical Sales area , in the form of an addition to an existing building - - a warehouse under the direction of Jack Eckert . Mr . Hartz stated that this facility is presently located in the Humphreys Service Building and they are seeking permission to relocate to this area to sell chemicals to the academic community for whatever their desires are with regard to teaching and research . Mr . Hartz noted that the proposed addition to already existing General Stores Warehouse # 1 is only 24 ' by 4514 " , will be cinder block , and will have a mechanical room and storage rooms , air - conditioned to meet safety regulations with regard to temperature and ventilation , adding that it has a heating system . Mr . Hartz stated that it has no floor drains , rather it has a curb inside to contain any spills , adding that it has fire sprinklers . Mr . Hartz stated that it is one - story , with a shed - type roof , has . no basement , and it is inter - connected to " this " existing warehouse building . Mr . Hartz stated that if there were any other details which the Board would like to know , he or his colleagues would be happy to answer , adding that the Board had a site plan , and also , • submitted tonight for the record and as part of the record , floor plan and details and building section and mechanical section / ventilation . Planning Board 15 October 1 , 1985 • Speaking of the proposed addition , Mr . Mazza asked if it were going to have doors to the outside , to the other building , or , just how is the access flow to this building . Mr . Gary Wilhelm , Cornell Architect , appended a drawing to the bulletin board and oriented the drawing to the partial site plan . Mr . Wilhelm pointed out the existing building and stated that what they are doing is opening up an entryway through one of the bays from the pole barn . Mr . Wilhelm described concrete block with fire retardant doors and pointed out an emergency exit from the flammable storage area . Mr . Wilhelm pointed out that , also , from " this corridor " there is an exit in the other direction by fire retardant doors . Mr . Wilhelm noted that construction will meet all New York State Code requirements and the NFPA requirements . Mr . Mazza observed , so , people who come there to buy chemicals will have exit ways . Mr . Wilhelm stated that those people will not be in there , pointing out that the only people who will come into the addition are employees of Mr . Eckert who have been trained and who have received the material attached to the LEAF from Life Safety , Mr . Wilhelm stated that the staff goes in and picks up the bottles , adding that the main check - out counter is located about over " here " [ indicating ] . Mr . Wilhelm commented that all these orders are placed by the departments and delivered . Mr . Eckert commented that 90 % are delivered to places like Baker Lab . Mrs . Langhans noted that the sales counter is in the Warehouse . Mr . Mazza , noting that these chemicals have to be obtained from some • place , asked how they are actually delivered , wondering if there were a receiving area . Mr . Wilhelm stated that there is a receiving area and pointed out that it was " here " on the drawing , adding that all deliveries come up " these docks " , are unloaded " here " , and then the idea is to have them taken around and put into the storage area as immediately as one can do . Mr . Wilhelm pointed out the main aisle . Mr . Wilhelm stated that this is a distinct improvement as to how the chemicals are handled now , commenting that , fortunately , there have been no mishaps . Chairman May stated that he wondered about the area from receiving to the storage area . Mr . Wilhelm pointed out that the chemicals are all in approved containers . Mr . Eckert stated that they are shipped in DOT boxes . Mr . Mazza assumed that they were not out of these boxes until they were in the storage area . Town Attrney Barney wondered if there were a reason for not making receiving directly into the storage area , with Mr . Wilhelm responding that that is not required under Codes . Mr . Gordon Maycumber , Director of Life Safety at Cornell , stated that he thought they have addressed all of the requirements of NFPA 30 and the Building Codes . Mrs . Langhans wondered if they were all liquids , with Mr . Eckert responding , no , some are dry . Town Attorney Barney stated that he still comes back to his question as to why they are not received directly . Mr . Maycumber offered that it would be redundant and also expensive . Discussion • followed as to access ways and how the material actually comes in . Town Attorney Barney stated that he was puzzled as to why there is not a door big enough to bring it in . Mr . Hartz spoke of elevation Planning Board 16 October 1 , 1985 • problems , difficulties with trucks , and described certain hoists . Mr . Hartz stated that " this " is easy access , well - lighted , etc . and spoke of " it " being a little tough for security . Town Attorney Barney continued to be puzzled . Mr . Mazza wondered how many deliveries there were - - daily ? , weekly ? , monthly ? , yearly ? . Mr . Eckert stated that there are four deliveries a year , that is , quarterly ; supplies are monthly . Mr . Mazza assumed there would not be a change in suppliers , so , deliveries would remain at 4 times a year . Mr . Eckert stated that there was basically one supplier . Mr . Mazza offered that they are talking about a very small number of receipts . Mr . Wilhelm noted that there must be a 50 - foot clearance area around this storage area . Chairman May , noting that difficulty getting a truck in there had been mentioned , asked if that meant there would be difficulty getting a fire truck back into that area . Mr . Wilhelm assured the Board that in everything they do here they recognize the necessity for fire truck access and design according to Code . Mr . Wilhelm noted that , also , there is the sprinkler system and the roof has been designed for explosion . Chairman May asked if there were any other questions from the Board . There were none . Chairman May asked if anyone from the public wished to speak . No one spoke . Chairman May closed the Public Hearing at 9 : 00 p . m . and asked the Board to turn to the matter of the Long EAF , • Speaking to Mr . Lovi , Chairman May noted that he had recommended the Zoning Board of Appeals as Lead Agency in the matter of environmental assessment . Mr . Lovi stated that that was correct , adding that the reasoning for that is that the zoning ordinance says that educational institutions are permitted in R30 upon special approval of the Zoning Board of Appeals , therefore , they are the lead agency . Chairman May commented that he was not sure whether a warehouse falls into that category . Mr . Mazza pointed out that Mr . Hartz had indicated that the chemicals are used by members of the University faculty and staff to do their procedures , so it is related as educational . Chairman May concurred . Chairman May asked if there were any further questions or comments . There were none . MOTION by Mr . David Klein , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . The Planning Board has reviewed an Environmental Assessment Form on October 1 , 1985 . 2 . The Zoning Board of Appeals is the Lead Agency in the review of this matter . • 3 . A Public Hearing was held on October 1 , 1985 for the purpose of considering comments of support and opposition from interested Planning Board 17 October 1 , 1985 • parties concerning this matter and there was no public opposition heard . 4 . The Planning Board has reviewed a site plan which describes the action to be taken by Cornell University . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board grant and hereby does grant Conditional Site Plan Approval for the construction of the chemical storage facility as described in the following documents : a . Site Plan , Chemical Storage Addition , Warehouse # 1 , Sheet No . 1 , Approval Date - - 9 / 23 / 85 . b . Floor Plan , Details , Bldg . Section , Chemical Storage Addition , Warehouse # 1 , Sheet No . Al ,, Approval Date - - 9 / 25 / 85 . c . Mechanical , Chemical Storage Addition , Warehouse # 1 , Sheet No . M1 , Drawing Date - - 9 / 27 / 85 [ Progress Print dated 10 / 1 / 851 ; Sheet M- 1 , dated 10 / 1 / 85 , Notes [ 5 ] , attached . 2 . That the above -referenced Site Plan Approval is conditioned upon the following actions : a ) Completion of the environmental review process with the Zoning Board of Appeals as the Lead Agency . b ) Granting of Special Approval by the Zoning Board of Appeals pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance . In granting Site Plan Approval , the Planning Board recognizes that the Zoning Board of Appeals may attach additional conditions to any approval it may consider . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Mazza , Schultz , Langhans , Klein . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the site plan review of the chemical storage addition to Cornell ' s General Stores Warehouse # 1 duly closed at 9 : 07 p . m . The Secretary reminded Mr . Hartz that the Zoning Board of Appeals meets next on October 23rd . Mr . Hartz asked if he was correct in thinking that no action could be taken on this until the Zoning Board acts . Chairman May stated that that was correct . Mr . • Hartz and his colleagues thanked the Board for its time and consideration . Planning Board 18 October 1 , 1985 • REPORT OF THE PLANNING BOARD REPRESENTATIVE TO THE COUNTY PLANNING BOARD - Carolyn Grigorov , Mrs . Grigorov reported that the September 11 , 1985 meeting was held at the CFR Building at the Airport , and was a Joint Meeting of the Tompkins County Planning Board , the Ithaca -Tompkins County Transportation Commission , the Transportation Planning Committee , and the Traffic Safety Board , because the program was a presentation describing Fire / Disaster / Ambulance services in Tompkins County by Jack Miller , County Fire and Disaster Coordinator , and Ed Olmstead , City of Ithaca Fire Chief and Deputy Fire Coordinator . Mrs . Grigorov reported that there were videos and slides and the presentations were very interesting , adding that there are thousands of " events " to respond to in a year . Mrs . Grigorov reported that the coordination of all the paid and volunteer personnel and the equipment from all the different areas of the County is very impressive . Mrs . Grigorov reported that the biggest problem is hazardous materials going through the City by truck . Mrs . Grigorov reported that in other business , it was noted that many public groups and municipalities have passed resolutions favoring Alternative " C " - - Route 96 , Mrs . Grigorov reported that Town Engineer Fabbroni was there and brought a request from Town Supervisor Noel Desch that they pass a resolution asking the State to study a minor route location change in the Hospital end of new Route 96 which would go through the Paleontological Research Institute • building so that they could get enough compensation from the State to relocate . Mrs . Grigorov commented that that would be better for the Hospital too and would not interfere with parking . Mrs . Grigorov stated that she thought maybe this Board [ the Town Planning Board ] would consider passing a resolution on one of the options . Mrs . Grigorov reported that Mr . Liguori had reported that the Jail / Safety building should go out to bid in October , the target being to start work before winter on this $ 5M project . Mrs . Grigorov , commenting that the County is always worrying about garbage , stated that Mr . Liguori had reported that a solid waste disposal plan was being discussed with the Board of Reps committee and that the present costs will double , there apparently being no reasonable alternatives to contain cost . Mrs . Grigorov stated that DEC requirements must be met as to both environmental and health . Mrs . Grigorov reported that Mr . Liguori had reported on the needs of the County for more space and indicated that that study was still underway with seven alternatives , including the Old Hospital , being evaluated and that a decision will probably be made in a couple of months . Mrs . Grigorov stated that , finally , Mr . Liguori had reported on a land use study of activities at the Airport and vicinity , which is a joint effort of Lansing Town and Village , Dryden Town , Ithaca Town , and Tompkins County . Chairman May thanked Mrs . Grigorov for her report and stated • that he thought her suggestion as to this Board making a resolution on Route 96 was very good , adding that we should do that . Town Attorney Barney cautioned against such action , stating that he was Planning Board 19 October 1 , 1985 • concerned about the Town speaking with two voices . Mrs . Grigorov suggested that , maybe , the Planning Board could consider a recommendation to the Town Board with respect to Route 96 . Mr . Lovi wondered to whom this recommendation would go . There did not appear to be an answer to Mr . Lovi ' s question . Town Attorney Barney stated that his feeling was that the Town Board was holding off to see which way would really happen . DISCUSSION OF PROPOSED ZONING ORDINANCE AMENDMENTS 1 . Mobile Homes The following document was being discussed . Mr . Paul Jacobs was present for the discussion . " MOBILE HOME AMENDMENT Revised : September 25 , 1985 DRAFT AMENDMENT : Mobile Homes RESOLVED that the Town Board of the Town of Ithaca add and hereby does add the following definitions to the Zoning Ordinance : Mobile Home : A transportable dwelling unit suitable for year- round occupancy . A mobile home is designed and built to be towed on its own chassis , comprised of frame and wheels , and connected to either • public or private utilities . The unit may contain parts which may be folded , collapsed , or telescoped when being towed and expanded later to provide additional cubic capacity . A mobile home may also be designed as two or more separately towable components designed to be joined into one integral unit capable of again being separated into the components for repeated towing . This definition excludes travel or camping trailers towed by an automobile and neither wider than 8 feet nor longer than 32 feet . Self -propelled motor homes , or modular housing which is not built with an integral chassis and which must be transported on a separate vehicle from factory to housing site are also excluded from this definition . Mobile Home Lot : A parcel of land used for the placement of a single mobile home and the exclusive use of its occupants . This lot may be located only in a mobile home park as defined by this ordinance . Mobile Home Park : A parcel of land owned by an individual , partnership , or corporation which has been planned and improved for the placement of mobile homes for nontransient use . Mobile Home Stand : That part of an individual mobile home lot which has been reserved and improved for the placement of the mobile home , appurtenant structures and additions . AND FURTHER RESOLVED that the Town Board of the Town of Ithaca amend and hereby does amend the following Sections of the Zoning Ordinance : • 1 . Article II , Section 2 is amended by adding to the list of permitted districts a Residence District R5 . Planning Board 20 October 1 , 1985 • 2 . A new Article and Sections are added to the Ordinance . The text of this Article and Sections is given in Appendix A . [ End of Page 11 APPENDIX A RESIDENCE DISTRICTS R5 SECTION 1 . Location . With the approval of the Town Board , a Residence District R5 may be established in any Residence or Agricultural District of the Town . SECTION 2 . Use Regulations . In Residence Districts R5 no building shall be erected or extended and no land or building or part thereof shall be used for other than a mobile home park . SECTION 3 . Accessory Uses . The following accessory uses are permitted in Residence District R5 : 1 . Automobile parking and garages , subject to the further requirements of this Article . 2 . Structures and open land for recreation , intended for use by the residents of the mobile home park . • 3 . Such areas and structures as may be necessary for home -making activities , such as a common laundry or garden plots . The use of any such area or structure may be limited to residents of the mobile home park . SECTION 4 . Area , Yard , Coverage and Height requirements shall be as follows : 1 . Area : A minimum tract of fifteen ( 15 ) acres is required for the development of a Residence District R5 . 2 . Lot Size : Each mobile home lot shall have a minimum gross area of 51000 square feet . The arrangement of lots in the park shall facilitate the efficient development of land and permit the convenient access of emergency vehicles . 3 . Stand Location : The location of the mobile home stand on each lot shall be identified on the site plan . SECTION 5 . Special Requirements shall be as follows : 1 . Stands : The mobile home stand shall be provided with anchors and other fixtures capable of securing and stabilizing the mobile home . These anchors shall be placed at least at each corner of the mobile home stand . • [ End of Page 21 Planning Board 21 October 1 , 1985 • 2 . Skirting : Each mobile home owner , within thirty days after the arrival of the mobile home in the park , shall be required to enclose the bottom space between the edge of the mobile home and the mobile home stand with a skirt of metal , wood or other suitable material . This skirt shall be properly ventilated and securely attached to the mobile home . 3 . Parking : One garage or lot parking space shall be provided for each mobile home , plus one additional lot space for each 3 mobile homes . No parking lot shall be located farther than 100 feet from the dwelling unit it is intended to serve . Each parking space shall have a minimum of 180 square feet . 4 . Buffer Yards : A buffer yard at least 30 feet wide shall be provided around the perimeter of the mobile home park . No structures are permitted in the buffer yard and the Planning Board may require that suitable landscaping be provided in order to effectively screen the mobile home park from adjacent properties . Parking spaces are not permitted in the buffer yards . 5 . Access Drives and Walkways : Access drives shall be paved with black - top , concrete , or other solid material . Driveways and walkways shall provide safe access , egress , and traffic circulation within the site . The placement , size , and • arrangement of access to public ways shall be subject to the approval of the appropriate highway authority . Where the density of population or school bus routes make it necessary , sidewalks and bus shelters may be required . 6 . Open Space and Recreation Areas : The applicant shall provide recreation areas on the premises for children . The Planning Board shall review and approve all such areas . Ten per cent ( 10 % ) of the gross lot area of the mobile home park , exclusive of the area reserved for buffer yards , shall be permanently maintained as open space . 7 . Storage Areas : The developer shall construct storage structures in convenient locations . These storage areas shall be enclosed and secure and may be located in a common building . The minimum size of each storage area shall be eight feet high , eight feet deep , and four feet wide . 8 . Screening of Waste and Refuse : One or more common areas shall be provided for the disposal of waste and refuse . These area shall contain secure garbage bins of a suitable size . These areas shall be screened from public view by shrubbery or a fence . ( End of Page 31 • 9 . Signs . A single sign for the mobile home park is permitted . The size and other characteristics shall be regulated by the Town of Ithaca Sign Law . Planning Board 22 October 1 , 1985 . 10 . Permits . An operating permit shall be required for all mobile home parks . This permit shall be renewable annually . The Building Inspector shall make periodic inspections of the mobile home park to determine whether such park is in compliance with the terms and conditions of the permit , the Zoning Ordinance and the site plan approval . The fee for the permit shall be in accordance with the following schedule : 1 - 4 units $ 25 . 00 5 - 9 units $ 50 . 00 10 - 24 units $ 100 . 00 25 - 49 units $ 200 . 00 50 - 100 units $ 400 . 00 over 100 units ( Number of Units ) X $ 5 . 00 SECTION 6 . Site Plan Approvals . No building permit shall be issued for a building within a Residence District R5 unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of Article IX and approved by the Tompkins County Health Department , Revised : September 25 , 1985 Peter M . Lovi Town Planner " • ( End of Page 4 ] Mr . Lovi noted that the changes that were discussed at the last meeting were several - - access drives and walkways , storage areas , and buffer yards with no parking in them . Mr . Lovi stated that he had drafted up a new proposal from all of these suggestions , but he had not distributed it . Mr . Lovi stated that he would like to apprise the Board of a proposed new section - - " Permits " . Mr . Lovi read aloud , as follows : " 10 . Permits . An operating permit shall be required for all mobile home parks . This permit shall be renewable annually . The Building Inspector shall make periodic inspections of the mobile home park to determine whether such park is in compliance with the terms and conditions of the permit , the Zoning Ordinance and the site plan approval . The fee for the permit shall be in accordance with the following schedule : 1 - 4 units $ 25 . 00 5 - 9 units $ 50 . 00 10 - 24 units $ 100 . 00 25 - 49 units $ 200 . 00 50 - 100 units $ 400 . 00 over 100 units ( Number of Units ) X $ 5 . 00 Mr . Lovi explained his rationale for proposing the inclusion of • this section on Permits as there being no economies of scale in the fee and , this way , unlike the Health Department when it reviews the sanitary system where there are some economies of scale , a building Planning Board 23 October 1 , 1985 inspector inspecting 100 units , he thought , requires twice the time of doing 50 . Mr . Klein asked about size , with Mr . Lovi responding that various locations were studied . Chairman May suggested that , before doing that , he would like to ask Mr . Jacobs what he thought of these modifications . Mr . Lovi noted that the biggest change is the " permit " . Mr . Jacobs stated that , as far as the permit goes , that is about what he thought would come out of it . Mr . Jacobs stated that the sign thing is okay and also the storage is okay . Mr . Lovi stated that the question of locations will be important when a time comes to look at a specific trailer park such as Mr . Jacobs ' . Mr . Lovi had with him a seven - page Draft Comprehensive Plan Study relative to Trailer Park Locations , in addition to these seven pages of text , were six pages of maps - - portions of the zoning ordinance , marked up . Mr . Lovi stated that what he did was use the most recent zoning map , a copy of which the Board members had been given , and then he made up a series of guidelines and , on the basis of those guidelines , he eliminated the areas in the Town which would not meet those guidelines , adding that the Board should question him on those guidelines . Mr . Lovi stated that that process took it down to a much smaller number of areas in the Town and , then , within that , he looked for parcels which were greater than 15 acres , which is the minimum size we have indicated for the zone . Mr . Lovi stated that , on that basis , he has a number of sites which could be rezoned to a mobile home park district . Mr . Mazza asked Mr . Lovi if he had looked at 15 -acre parcels as such or , say , three times five - acre parcels , with Mr . Lovi responding , no , just those that are 15 acres presently . Chairman May assumed that Mr . Lovi had a gross number of parcels which could be developed right now using that as the only criteria . Mr . Lovi replied that that was not the way it was done . Mr . Lovi stated that he started with guidelines , adding that they disregard large areas of the Town . Mr . Lovi began reciting the guidelines , as follows : 111 . Property must be in a Residence District 30 or Agricultural Zone . This guideline was established to exclude from consideration any land largely developed with conventional , site built homes . The justification for this exclusion is the judgment that trailer parks are perceived by most homeowners as diminishing the value of their property . Given this perception , it will be difficult to justify the rezoning of existing R15 or R9 lands for trailer park use . 2 . Property must be at least 1000 feet from any existing Residence • District 9 , Residence District 15 , or Multi le Residence District . This guideline was used to establish a buffer between the medium density residential areas and those lands which are Planning Board 24 October 1 , 1985 suitable for trailer parks . The distance of 1000 feet is a judgment of what a reasonable standard should be . This standard is used consistently in other guidelines . " Town Attorney Barney pointed out , at this point , with respect to the proposed draft ordinance on mobile home parks , that Section 1 [ Location ) states that a " . . . Residence District R5 may be established in any Residence or Agricultural District of the Town . " Mr . Lovi stated that if it says that , it would have to be changed . Mr . Lovi continued reciting the guidelines . 3 . Property must be at least 1000 feet from any municipal boundary or State Park . This guideline was established to extend to adjacent municipalities and State Parks the same level of protection which we provide to our R9 , R15 and Multiple Residence zones . 4 . Property must be at least 1000 feet from a wetland , floodplain , or Critical Environmental Area . This guideline was established to exclude trailer parks from low- lying areas which are prone to flooding , or environmentally sensitive areas , such as wetlands or Critical Environmental Areas . It is a judgment that the sewage disposal requirements and the density of land use associated with a trailer park is incompatible with sensitive • environmental areas . 5 . Property may not front on a State Highway . This guideline was established to exclude from consideration open land adjacent to well - traveled public highways . The justification for this exclusion is that State Highways in the more rural sections of the Town , particularly State Routes 96B , 96 , 79 , and 89 are scenic ' gateways ' to the Ithaca Area . It is a judgment that trailer parks are visually incompatible with the existing and future character of these roads . The cost of designing , landscaping or otherwise buffering trailer parks in order to make them more compatible with the scenic character of our gateway roads is unnecessary when there is adequate suitable land elsewhere in the Town . 6 . Property should not be visible from a Scenic Road , Panoramic View , or Distance Landscape View . This guideline was established to protect the scenic qualities of County and Town Roads which have scenic characteristics similar to the ' gateway roads ' described in # 5 . The base data for the Scenic Roads , Panoramic Views , and Distance Landscape Views were taken from a Planning Study prepared by the Tompkins County Planning Department and included in the Technical Appendix to the Town Comprehensive Plan . 7 . Property may not be built on slopes in excess of 25 per cent . • This guideline was established to exclude land which is too steeply sloped to safely permit the siting of mobile homes . Land of this type is also associated with low bearing capacity , w Planning Board 25 October 1 , 1985 • high erodability , and other serious limitations for development . 8 . Property should contain at least 15 acres . This guideline was established as a minimum threshold in order to set a reasonable limit on the number of trailer parks which might be sited in the Town . The judgment is that it is preferable for there to be a smaller number of large trailer parks in the Town for which the costs of proper design , construction and maintenance can be amortized with scale economies . The alternative of choosing a smaller minimum acreage is that , while there could be a greater number of available sites , the number of trailers which could be sited in a park would be smaller and the improvement costs would have to be spread over a smaller number of units . The result would be that smaller trailer parks would have to charge more money than large parks per lot . The cumulative effect would be to put economic pressure on the smaller trailer park owners to cut back on the improvements and maintenance of the park in order to reduce their costs . The alternative of choosing a higher minimum acreage is that there would be a greatly reduced number of potential sites available . The owners of land suitable for the rezoning to a trailer park use would receive a monopoly land rent as a result of the higher minimum threshold . The cost of this higher • threshold would be passed on to the eventual occupants of the trailer parks in higher rental fees and the owners of the trailer parks would be receiving a higher than average profit as a result of the artificial scarcity of suitably zoned land . " Mr . Lovi asked if there were any questions on these guidelines . There being none at the moment , Mr . Lovi continued and stated that part of the discussions we have been having has to do with whether or not these properties should be on public water and sewer . Mr . Lovi commented that there is a practical perception that he hears which would indicate that the opposition we have heard to a cluster subdivision in any residence zone would be mild compared to a trailer park in any residence zone . Mr . Lovi stated that as a practical matter , it would be unrealistic to expect trailer parks in R15 areas , so that leaves you with R30 and Ag lands . Mr . Lovi stated that there is a small part of the Town - - lands on Coddington Road - - which are served by public water but are still R30 as they do not have sewer , so , a park could be in that area . Mr . Lovi , commenting that if these guidelines were set , stated that five broad areas come out . Mr . Lovi stated that he would pass around two pages of maps which show these general areas , and proceeded to do so , reading aloud from his text as follows : " GENERAL AREAS : • Coddington , East King , Troy Roads ( Map # 1 Area W ) This area contains the only properties which are served by public utilities . Planning Board 26 October 1 , 1985 • Public water is available along Coddington and East King Roads . There are distance landscape views which limit the development of property fronting on Troy Road and there are severe building limitations indicated for the higher elevation property interior to East King and Troy Roads . Sandbank and West King Roads ( Map # 2 Area ' B ' ) : Most of this tract is described as having severe building limitations . A portion of this property is also described as having severe frost heaving potential . Calkins , Seven Mile Drive , Bostwick , Culver , Poole Roads ( map # 2 Area ' C ' ) : This is the largest single tract of generally suitable land in the Town . However , much of the land is sloped and described as having severe building limitatins or inaccessible from existing public roads . There is a band of suitable land to the southeast of this tract , which is trisected by Calkins Road and Seven Mile Drive . Expansion of parks from this area to the northwest would be limited by unstable conditions , steep slopes , and frost heaving soils . Bundy and Hayts Roads ( Map # 3 Area ' D ' ) . This is the second largest tract in the Town and the one which contains the largest available amount of suitable land . There are two strips of land which are described as susceptible to frost heaving and a considerable amount of land which is not accessible from an existing public road . • Duboise and Indian Creek Roads ( Map # 3 Area ' E ' ) : This tract is characterized by severe building limitations and soils which are susceptible to frost heaving . " Mr . Lovi pointed out that part of the Technical Appendix to our Comprehensive Plan includes a study done by the Tompkins County Planning Department wherein unobstructed views are defined . Mr . Lovi spoke of ten miles as a " Distance Landscape View " , and also spoke of a " Panoramic View " and a " Scenic Road " . Referring to the eight guidelines , Mr . Lovi spoke of the political and social facts contained therein , as he had mentioned , and further , described a second set of characteristics which are physical , for example , wetlands , municipal boundaries , etc . , and then problem areas such as frost level , slope , and so on . Mr . Lovi , commenting that these guidelines are the broad picture , stated that from there he went through and identified tracts . Mr . Lovi explained that it was in these concepts that he looked for specific parcels that would have at least 15 acres , adding that he excluded severe building limitations and frost heave and so on . Mr . Lovi explained that the whole process was now narrowing down the potentiality of the land to where he came up with about a dozen tracts , as follows : " SPECIFIC TRACTS : Coddington Road East ( Map # 4 Tract 1 ) : This tract contains more than • 50 acres and is zoned R30 . This tract is served by public water . The existing land use of this tract is as open land and one and Planning Board 27 October 1 , 1985 • two- family houses . There is one parcel ( see List # 1 ) which contains more than 15 acres . Coddington Road West and East King Road North Map # 4 Tract 2 ) : This tract contains more than 87 acres and is zoned R30 . Most of this tract is served by public water and much of which is already subdivided and developed with one and two family houses . There are no parcels larger than 15 acres within this tract . East King Road South ( Map # 4 Tract 3 ) : This tract contains somewhat more than 20 acres and is zoned R30 . Some of this tract is served with public water . The tract is presently open land . There is one parcel ( see List # 1 ) which contains more than 15 acres . It is a portion of a larger ( 122 . 9 acre ) parcel , most of which is unsuitable for the location of a trailer park . Sandbank Road ( Map # 5 Tract 4 ) : This tract contains somewhat more than 20 acres and is zoned R30 . This property is not served by public water . The tract is presently open land surrounded by land in agricultural production . There is one parcel ( see List # 1 ) which contains more than 15 acres . It is a portion of a larger ( 252 . 8 acre ) parcel , most of which is unsuitable for the location of a trailer park . Calkins Road South ( Map # 5 Tract 5 ) : This tract contains more than 25 acres and is zoned R30 with a small portion zoned Agricultural . • This property is not served by public water . The tract is presently in agricultural production . There is one parcel ( see List # 1 ) which contains more than 15 acres . It is a portion of a larger ( 146 acre ) parcel , most of which is unsuitable for the location of a trailer park . Calkins Road North and Seven Mile Drive West ( Map # 5 Tract 6 ) : This tract contains over 50 acres and is zoned R30 . This property is not served by public water . Most of the tract is presently in agricultural production . The only existing trailer park in the Town is located in this tract . There are three parcels ( see List # 1 ) which contain more than 15 acres . Poole Road South ( Map # 5 Tract 7 ) : This parcel contains over 105 acres and is zoned Agricultural . This parcel is not served by public utilities and is presently in agricultural production . There are two parcels ( see List # 1 ) which contain more than 15 acres . Seven Mile Drive East ( Map # 5 Tract 8 ) : This tract contains over 70 acres and is zoned R30 . This parcel is not served by public utilities and is presently in agricultural production . There is one parcel ( see List # 1 ) which contains more than 15 acres . Bundy Road North ( Map # 6 Tract 9 ) : This tract contains roughly 40 acres and is zoned Agricultural . This parcel is not served by public • utilities and is presently in agricultural production . There is one parcel ( see List # 1 ) which contains more than 15 acres . Planning Board 28 October 1 , 1985 • Hayts Road South ( Map # 6 Tract 10 ) : This tract contains over 60 acres and is zoned Agricultural . This parcel is not served by public utilities and is presently in agricultural production . There are two parcels ( see List # 1 ) which contain more than 15 acres . Hayts Road North ( Map # 6 Tract 11 ) : This tract contains over 125 acres and is zoned Agricultural . This parcel is not served by public utilities and is presently in agricultural production . There are two parcels ( see List # 1 ) which contain more than 15 acres . Bundy Road South ( Map # 6 Tract 12 ) : This tract contains roughly 30 acres and is zoned Agricultural . This parcel is not served by public utilities and is presently in agriculatural production . There is one parcel ( see List # 1 ) which contains more than 15 acres . " Mr . Lovi noted that within some of those tracts , some are already subdivided and there may not be a single parcel which has 15 acres and there may be some that have more . Mr . Lovi stated that he could now evolve a list of properties which meet all of the criteria , as follows : " LIST # 1 : Properties with more than 15 acres which meet general guidelines for the establishment of a Trailer Park . TRACT # 1 : • 1 . 48 - 1 - 9 . 2 685 - 87 Coddington Road 26 . 87 acres TRACT # 3 : 1 . 46 - 1 - 15 . 2 803 Coddington Road ( portion ) 122 . 9 acres TRACT # 40 i . 35 - 2 - 11 King Road ( portion ) 252 . 8 acres TRACT # 5 : 1 . 33 - 1 - 7 . 2 812 Elmira Road ( portion ) 146 . 0 acres TRACT # 6 : 1 . 33 - 2 - 7 708 Elmira Road ( portion ) 41 . 9 acres 2 . 33 - 2 - 3 . 2 126 Seven Mile Drive 22 . 5 acres 3 . 33 - 2 - 1 146 Seven Mile Drive 22 . 0 acres TRACT # 7 : 1 . 32 - 1 - 2 179 Sheffield Road ( portion ) 95 . 6 acres 2 . 32 - 1 - 15 380 Bostwick Road 239 . 5 acres • TRACT # 8 : 1 . 33 - 3 - 1 . 2 Seven Mile Drive ( portion ) 85 . 5 acres Planning Board 29 October 1 , 1985 TRACT # 9 : 1 . 24 - 5 - 10 222 Bundy Road 19 . 0 acres TRACT # 10 : 1 . 24 - 5 - 2 257 Hayts Road ( portion ) 57 . 0 acres 2 . 24 - 5 - 7 211 Hayts Road ( portion ) 257 . 0 acres TRACT # 11 : 1 . 24 - 1 - 32 Hayts Road 18 . 1 acres 2 . 24 - 1 - 23 1410 Trumansburg Road ( portion ) 69 . 8 acres TRACT # 12 : 1 . 27 - 1 - 7 241 Bundy Road 75 . 0 acres " Mr . Lovi noted that there were about 16 parcels all in all . Mr . Lovi posed the question - " Now , how does this fit Mr . Jacobs ? " Mr . Lovi stated that Mr . Jacobs ' existing trailer park falls within an area that would be acceptable according to these criteria , although , of course , his existing trailer park is just a little under three acres , so , if he were starting now , he would not have the 15 acres , but he has acquired additional property . Turning back to the " General Areas " part of his study , Mr . Lovi noted that his information shows that " much of the land is sloped and described as having severe building limitations or inaccessible from existing public roads . There is a band of suitable land to the southeast of this tract , which is trisected by Calkins Road and Seven Mile Drive . Expansion of parks from this area to the northwest would be limited by unstable conditions , steep slopes , and frost heaving soils . " Concluding , Mr . Lovi stated that having guidelines is one thing , but for specific properties , " these " maps are not sufficient - - we would need site specific maps . Mr . Lovi , noting that this is a draft and something he was working on a good deal of last week , suggested that he go over it some more and come back . Chairman May offered that the Board did not need that to complete a recommendation to the Town Board for a rezoning , with Mr . Lovi responding , no , not really , and adding that they are dependent but they can proceed independently . Mrs . Grigorov indicated that she was intrigued with the matter of " views " , and asked if they were from houses , with Mr . Lovi responding that most are from highways - - Town roads , etc . Mrs . Grigorov offered that public views are not applied to houses , with Mr . Lovi answering that the study eliminates those properties . Chairman May wondered where Mr . Jacobs stood and asked him if he were still in hopes of doing something this year . Mr . Jacobs stated that he was in hopes of doing something this Spring and , now , it is • than two boarders , roomers , lodgers or other occupants . Planning Board 30 October 1 , 1985 Fall. Mr. Jacobs stated that he bought the property last May, adding that he has a couple of beef cows there, but that is not why he bought it. Chairman May stated that he thought we were progressing -- but slowly. Speaking to Mr. Lovi, Chairman May stated that, at the least, we ought to get all of the revisions of this proposed ordinance to the Board so that we could decide whether or not it is an appropriate thing to send on to the Town Board. Mr. Lovi stated that- that was fine. Chairman May stated that he thought Mr. Lovi Is other report was excellent and he believed we can start the work on it, but the recommendation to the Town Board should be made separately. Town Attorney Barney stated that he would comment on the draft when Mr. Lovi gets it done. Town Attorney Barney wondered if Mr. Jacobs were being held up waiting for this and stated that he might suggest that Mr. Jacobs apply for an extension of a non-conforming use. Town Attorney Barney asked Mr. Cartee if he had applied for that, with Mr. Cartee responding, no. Mr. Lovi offered that that is why we came to this proposal. Mr. Cartee wondered what we were really talking about -- 45 units now or over a period of time. Mr. Jacobs stated that he was talking about over a period of time, maybe six or eight a year -- something like that. Chairman May asked Mr. Jacobs how many trailers are sited now, with Mr. Jacobs responding, 24. Mr. Cartee asked Mr. Jacobs why he would not consider an extension of his legal non-conforming use for, say, a year. Town Attorney Barney offered that that might get Mr. Jacobs some mileage this Fall, adding that "this" [the proposed amendment] , he might say, will take some time. Chairman May suggested to Mr. Jacobs that he should contact Mr. Cartee and the two of them go about how to come up with that approach. DISCUSSION OF DUPLEX AMENDMENT The following document was being discussed at this time. "DRAFT AMENDMENT: Duplexes Revised: September 10 , 1985 RESOLVED : That the Town Board of the Town of Ithaca amend and hereby does amend the Zoning Ordinance of the Town of Ithaca as follows: A. "Duplex" is defined as "a two-family dwelling for which the second dwelling unit exceeds 750 of the floor area excluding the basement of the primary dwelling unit. B . Article III, Section 4 , Number 1 (R9) is amended as follows: 1 . One Family Dwellings. The following occupancies shall be permitted in a one family dwelling: a) If the one family dwelling is occupied by a single Planning Board 31' October 1 , 1985 family, such dwelling may be also occupied by not more than two boarders, roomers, lodgers or other occupants . b) If the one family dwelling is not occupied by a f amily, then the total number of boarders, roomers, lodgers and other occupants shall be no more than three. C. Article III , Section 4 , Number 2 (R9) is amended as follows: 2 . A two family dwelling, provided that the second dwelling unit shall not exceed 50% of the floor area excluding the basement of the primary dwelling unit. Where the second dwelling unit is constructed entirely within the basement area, it may exceed 50% but shall not exceed 75% of the floor area of the primary dwelling unit. A new permitted use shall be added to this section as follows : Duplexes, provided that the lot to be built upon has at least 50% greater lot area and has no less depth or width than otherwise required by this Article. All side yard setbacks shall be 20% greater than otherwise required by this Article. The following occupancies shall be permitted in a duplex: a) If each of the units in a duplex is occupied by a family, then the total number of boarders, roomers , lodgers, or other occupants shall be no more than three. No more than two boarders, roomers, lodgers or other occupants shall be permitted in a unit. b) If one of the two units in a duplex is occupied solely by a family, then the total number of boarders , roomers, lodgers, or other occupants shall be no more than four. No more than three boarders, roomers, lodgers or other occupants shall be permitted in a unit. C) If neither of the two units in a duplex is occupied by a family, then the total number of boarders, roomers and lodgers shall be no more than five. No more than three boarders, roomers, lodgers or other occupants shall be permitted in a unit. D. Article IV, Section 11 , Number 1 (R15) is amended as follows: 1. One Family Dwellings. The following occupancies shall be permitted in a one family dwelling: a) If the one family dwelling is occupied by a single family, such dwelling may be also occupied by not more than two boarders, roomers, lodgers or other .a Planning Board 32 October 1, 1985 occupants. b) If the one family dwelling is not occupied by a family, then the total number of boarders, roomers, lodgers and other occupants shall be no more than three. E. Article IV, Section 11, Number 2 (R15) is amended as follows : 2 . A two family dwelling, provided that the second dwelling unit shall not exceed 500 of the floor area excluding the basement of the primary dwelling unit. Where the second dwelling unit is constructed entirely within the basement area, it may exceed 50% but shall not exceed 75% of the floor area of the primary dwelling unit. A new permitted use shall be added to this section as follows : Duplexes, provided that the lot to be built upon has at least 50% greater lot area and has no less depth or width than otherwise required by this Article. All side yard setbacks shall be 20% greater than otherwise required by this Article. The following occupancies shall be permitted in a duplex: a) If each of the units in a duplex is occupied by a family, then the total number of boarders, roomers, lodgers, or other occupants shall be no more- than three. No more than two boarders, roomers, lodgers or other occupants shall be permitted in a unit. b) If .one of the two units in a duplex is occupied solely by a family, then the total number of boarders, roomers, lodgers, or other occupants shall be no more than four. No more than three boarders, roomers, lodgers or other occupants shall be permitted in a unit. C) If neither of the two units in a duplex is occupied by a family, then the total number of boarders, roomers and lodgers shall be no more than five. No more than three boarders, roomers, lodgers or other occupants shall be permitted in a unit. F. Article V, Section 18 , Number 1 (R30) is amended as follows: 1 . One Family Dwellings. The following occupancies shall be, permitted in a one family dwelling: a) If the one family dwelling is occupied by a single family, such dwelling may be also occupied by not more than two boarders, roomers, lodgers or other occupants. ` Planning Board 33 October 1 , 1985 • b ) If the one family dwelling is not occupied by a family , then the total number of boarders , roomers , lodgers and other occupants shall be no more than three . G . Article V , Section 18 , Number 2 ( R30 ) is amended as follows : 2 . A two family dwelling , provided that the second dwelling unit shall not exceed 50 % of the floor area excluding the basement of the primary dwelling unit . Where the second dwelling unit is constructed entirely within the basement area , it may exceed 50 % but shall not exceed 75 % of the floor area of the primary dwelling unit . A new permitted use shall be added to this section as follows : Duplexes , provided that the lot to be built upon has at least 50 % greater lot area and no less depth or width than otherwise required by this Article . In no case shall the permitted lot size be less than that required by the Tompkins County Health Department . All side yard setbacks shall be 20 % greater than otherwise required by this Article . The following occupancies shall be permitted in a duplex : a ) If each of the units in a duplex is occupied by a • family , then the total number of boarders , roomers , lodgers , or other occupants shall be no more than three . No more than two boarders , roomers , lodgers or other occupants shall be permitted in a unit . b ) If one of the two units in a duplex is occupied solely by a family , then the total number of boarders , roomers , lodgers , or other occupants shall be no more than four . No more than three boarders , roomers , lodgers or other occupants shall be permitted in a unit . c ) If neither of the two units in a duplex is occupied by a family , then the total number of boarders , roomers and lodgers shall be no more than five . No more than three boarders , roomers , lodgers or other occupants shall be permitted in a unit . " Chairman May stated that he had been convinced that we have all of the requirements we need within the cluster regulations and , maybe , all we need to do is determine the number of units and the siting of them ( referring to Ivar Jonson ' s proposal ] . Mr . Lovi wondered if it were appropriate , when he next speaks with the developer and his engineer , to have them bring it back to • this Board on the 15th for another sketch plan , as a cluster subdivision , to come up with that number . A lengthy discussion followed with respect to the Ivar Jonson proposal ( off Honness Lane ] • Planning Board 34 October 1 , 1985 • as the Board members reiterated some of the points made at the September 23rd meeting of the Board . Chairman May mused that there may be a need for a " duplex amendment " but he was not sure it should be done under the pressure of one development . Mr . Mazza offered that he would suspect that the neighbors in that area are not so concerned about duplexes as they are concerned with numbers of people . Mr . Cartee asked for some clarification of the " 750 " portions of the proposed amendment , with Chairman May obliging . Mr . Cartee wondered if , in counting the density , the Jonson proposal has 1 . 75 units . Chairman May observed that that has not been resolved as yet . Mr . Lovi wondered what might happen as far as the duplex amendment went , if it were not active . Nobody seemed to know . ADJOURNMENT Upon Motion , Chairman May declared the October 1 , 1985 meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 25 p . m . Respectfully submitted , • Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . •