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HomeMy WebLinkAboutPB Minutes 1986-10-02 TOWN OF ITHACA PLANNING BOARD FILED 126 East Seneca Street Ithaca , New York TOWN OF ITHACA Date F TUESDAY , DECEMBER 2 , 1986 0Clerk. A G E N D A 7 : 00 P . M . Interviewing of prospective candidates to fill the Planning Board vacancy created by the resignation of Mrs . Barbara Schultz , South Hill area , whose term would have expired December 31 , 1989 . 7 : 30 P . M . SIc;N REVIEW BOARD ( Planning Board ) : Consideration of a request for Sign Permit for a freestanding sign , 8 . 38 square feet in size , proposed for a doctor ' s office located at 1290 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 4 - 14 . 2 . Dr ,, 0 . H . Kyong , Owner ; Robert S . Leathers , P . C . , Architect , Steven Blais , Agent . 7 : 40 P . M . PUBLIC HEARING : Consideration of a proposed revision to the Approved Subdivision Plan with respect to the maintenance of an easement to the backlands of " Edgewood " , located between 1503 and 1513 Slaterville Road , Town of Ithaca Tax Parcel No ., 6 - 58 - 1 - 32 . 2 . House Craft Builders , Inc . , Owner ; Jerold M . Weisburd , President . 7 : 50 P . M . PUBLIC HEARING : Consideration of Preliminary Subdivision Approval for the proposed subdivision of a 0 . 34 ± acre lot from a 16 . 74 acre parcel located backlot of 104 Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 45 - 1 - 2 . 6 , and , Consideration of a Recommendation to the Zoning Board of Appeals concerning the proposed development of said proposed lot having less than 150 feet of frontage along a Town road and. having a front yard not on a Town road . Grace Cascioli , Owner ; Vincent Franciamone , Agent . 8 : 05 P . M . PUBLIC HEARING : Consideration of Site Plan Approval for the proposed expansion of College View Mobile Home Park and Recommendation to the Town Board with respect to the proposed Rezoning of the lands of Paul A . Jacobs from Residence District R - 30 to Residence District R- 5 ( Mobile Home Park District ) , located at 136 - 146 Seven Mile Drive , Town of Ithaca Tax Parcel No . 6 - 33 - 2 - 2 and a portion of Town of Ithaca Tax Parcel No . 6 - 33 - 2 - 1 . Paul A . Jacobs , Owner / Developer , 8 : 40 P . M . PUBLIC HEARING : Consideration of Site Plan Approval for a proposed 30 - unit multiple residence project to be located on 1 . 75 acres in a Multiple Residence District at 1009 - 11 Danby Road , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 1 . Jack M . Herman et al , Owners , Gus E . Lambrou , Applicant , Jagat P . Sharma , Architect / Agent . 9 : 30 P . M . ADJOURNMENT Susan C . Beeners Town Planner NOTE : IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND , PLEASE NOTIFY THE PLANNING BOARD SECRETARY NANCY FULLER IMMEDIAT13LY AT 273 - 1736 . A QUORUM ( 5 ) IS NECESSARY TO CONDUCT A PUBLIC HEARING . 1 1 TOWN _ 0F _ ITHACA _ PLANNING _ BOARD 2 DECEMBEE _ 21 _ 1986 3 The Town of Ithaca Planning Board met in regular 4 session on Tuesday , December 2 , 1986 , in Town Hall , 5 126 East Seneca Street , Ithaca , New York at 7 : 00 P . M . 6 PRESENT . Chairman Montogomery May , Virginia Langhans , David Klein , Carolyn Grigorov , Edward Mazza , 7 Robert Kenerson , Robert R . Flumerfelt ( Town Engineer ) , John C . Barney, Esq . ( Town 8 Attorney ) Susan C . Beeners ( Town Planner ) , Lori A . Walker ( Shorthand Reporter ) . 9 ALSO PRESENT : Andrew Frost ( Town Zoning Officer ) , 10 Zelaway Sawyer , George Kugler , Ron Ronsvalle , Paul A . Jacobs , Linda S . Jacobs , 11 Jonathan 0 . Albanese , W . Kalb , Bill Harding , Ruth Harding , Claudia Weisburd , 12 Mr . and Mrs . Richard Sullivan , Mr . and Mrs . Dwight VanSant , Douglass Payne , 13 Dick Tompkins , Linda Tompkins , Mary Bryant , George Sheldrake , Tracie Evans , Ed Cobb , 14 Linda Loomis , Mr . and Mrs . Savino Ferrara , Mrs , Carl Petito , Eleanor Sturgeon , Joy 15 Mecenas , Nansen Josselyn , Glenda Williammee , Clarence Brashear , Mr . and Mrs . George 16 Dickman , Mary Wessel , Frances Connelly , Alan Woad , Fred Yahn , Donald K . Josselyn , 17 Joan Reuning , Don Layton , Karl Niklas , Elizabeth Bixler , Mary Kim Trochim , Jack 18 Burns , Gus Lambrou , Grace Cascioli , Mark Tomlinson , Bill Seldin , David Dubin , Dave 19 P Auble , William Lesser , 20 CHAIRMAN MAY : Let the record reflect that we 21 did entertain three prospective candidates for the South 22 Hill representative and no decisions or actions were taken . 23 At this point , 7 : 30 Sign Review Board : 24 Consideration of a request for Sign Permit for a Town of Ithaca Planning Board 2 1 freestanding sign , 8 . 38 square feet in size , . proposed for a 2 doctor ' s office located at 1. 290 Trumansburg Road , Town of 3 Ithaca Tax Parcel No . 6 - 24 - 4 - 14 - . 2 . Dr . O . H . Kyong , Owner ; 4 Robert S . Leathers , P . C . Architect ; Steven Blais , Agent . 5 Steven , do you want to tell us about it ? 6 MR . BLAIS : I believe the Board . all have copies 7 of the proposed sign . It looks like that . We just want to 8 make a very simple case . 9 The sign is to be placed in front of 1290 10 Trumansburg Road . In other words , the house across from �] 11 the hospital complex . That ' s in a Residence District 159 12 The sign ordinance law allows a 4 square foot sign in that 13 district . Dr . Kyong is concerned that if he erects the 14 sign , it ' s only 4 square feet in size , it simply is not 15 going to be legible given that it ' s on a state highway . 16 Traffic is 55 miles an hour . 17 The proposed sign is only a little bit larger . 18 To be exact , it ' s 3 and a half feet wide by , well , 19 approximately 2 feet by 5 inches tall . It ' s simply laid . 20 out 0 . H . Kyong , Obstetrics and Gynecology , 1290 21 Trumansburg Road . The - largest letters on the sign are 22 about 5 and a half inches high . 23 The proposed location for the sign is about 22 24 and a :half feet back from the road . Town of Ithaca Planning Board 3 Z MR . MAllA : What do you mean from. the road , the 2 road pavement ? 3 MR . BLAIS : From the pavement . 4 MS . GRIGOROV : Does this sign face the road 5 then ? 6 MR . BLAIS : It ' s a two - faced sign . It ' s 7 perpendicular to the road . 8 MS . LANGHANS : There ' s a diagram on the next 9 page , Carol . 10 MR . BLAIS : That ' s the location . Really , our 11 point . simply is that this at the normal traffic speed for 12 that road , it ' s very difficult to read sign letters that 13 are so .small . 14 Dr . Kyong hasn ' t been granted a permit to 15 construct a physician ' s office in that old house without 16 Dr . Kyong being in the residence , had a legitimate need for 17 their patients , their clients , to locate the business and I 18 think also there is a potential issue of public safety in 19 the sense if a ;, per. son is driving along at the legal speed 20 limit and they can ' t read the sign;, they ' re going to tend 21 to : slow down and maybe go past it and try to turn around . 22 and go back and that kind of thing . 23 I ' d also like to point out that this office is -; 2. 4 right ,across the street from a business . district . In other Town of Ithaca Planning Board 4 1 words , the professional buildings and thein signs at the 2 professional building with letters of a larger size and 3 signs sof a larger size and so on , that really , this rather 4 modest sign is not going to adversely affect the character 5 of that particular stretch of the road . 6 I made a very quick sketch of a person about my 7 size standing in front of this sign just to give a sense of 8 the scale , So , it ' s just not a tremendously large sign and 9 it ' s placed on a large piece of property . OIn other words , 10 you don ' t come very: close at all to any adjoining 11 properties . 12 MS . GRIGOROU : Where ' s the. next house ? Are 13 there any houses along there ? 14 MR . BLAIS : Goling back towards Ithaca , there ' s 15 actuallyr if I recall , a field . . In other words , there ' s 16 quite a few hundred feet before a house and then the next 17 lot over towards Hayts Road , there is a , I guess it ' s a 18 little school house that ' s been converted into an apartment 19 with a cemetery behind it . And I don ' t actually recall 20 whether there ' s also a larger residence on that property or 21 not . I don ' t think so . 22 MS . BEENERS : I ' d like to point out there was a 23 variance granted to Dr . Goodfriend at the corner of Bundy 24 and Trumansburg Road for . a sign of 6 square feet for the Town of Ithaca Planning Board 5 1 same reasons . 2 CHAIRMAN MAY : Andy , have you calculated the 3 size of the sign without the address on there ? 4 MR . FROST : No , I haven ' t . 5 MR . KENERSON : How does it relate to the sign 6 that ' s there now ? 7 MR . BLAIS : The sign on that particular piece of 8 property , there really isn ' t a sign there . Essentially , 9 they just have completed renovation . 10 MR . KENERSON : It has his name on it . 11 MR . . BLAIS I haven ' t seen that sign myself 12 personally . 13 MR . FROST : What I permitted him to do based on 14 the sign was have his name up there without obstetrics and 15 gynecology . That would be permitted without - - 16 MR . KENERSON : What he ' s talking about , is that 17 set back about where the current sign is ? 18 MR . FROST : There ' s a sign that he just put in . 19 He just moved into the office the last couple of weeks . 20 And I gave him permission to put up a sign with name and 21 address without obstetrics . That would be a permitted sign 22 without the need of a permit . 23 MR . KENERSON : But it is not out of place at 24 all , I don ' t think . Town of Ithaca Planning Board 6 1 CHAIRMAN MAY : I am just wondering if it ' s not 2 permit {ted , a sign without the address on there , an address 3 is a legitimate thing to add . 4 MR . MAZZA : You say , you don ' t; want an address on 5 there ? I think that ' s important . 6 CHAIRMAN MAY : No , I think the address is useful 7 to people . 8 MS . LANGHANS : I have no objection to it . 9 MS . GRIGOROV : We have to discuss whether the 10 signs don ' t . double the - - �� 11 MR . KENERSON : That ' s not a big sign for that 12 spot . The one he has there is not all that much smaller . 13. MR . MAllA : You can ' t put it on the highway 14 right of way . I want to make sure it ' s not put in the 15 highway right of way . If you put it - - is that a 66 foot 16 right of way there , do you know ? If it is , then you have 17 33 feet_ on either side of the center line . , If you go to 18 the paved portion , you ' re going to be pretty close . 19 MR . BLAIS. : The pavement is probably - - I am 20 just guessing . From experience , with , you know , a typical 21 state highway , the pavement is probably 22 or 23 feet . 22 CHAIRMAN MAYO That ' s total ? 23 MR . BLAIS : Right . *� 24 MR . KLEIN : But it ' s laying in the shoulder . I Town of Ithaca Planning Board 7 1 think there it ' s a lane and a shoulder , isn ' t it ? 2 MR . BLAIS : The pavement , it ' s got to be at 3 least 12 feet , saying we ' re adding 12 feet to 22 and a half 4 feet . You' re talking about 33 feet . 5 CHAIRMAN MAY : That would be right on the right 6 of way . 7 MR . BLAIS : That will have to be something we 8 take care of . 9 MR . KLEIN : The current sign is not on the state 10 highway . 11 MR . MAllA : The right of way is 66 feet . 12 MR . KENERSON : The current sign is back away 13 from the right , of way . If he . puts it there , he ' s on his 14 own. property . 15 MR . BLAIS : I don ' t see any problem with having 16 it surveyed and making . sure the sign is - - 17 MR . BARNEY : Some of that property was conveyed 18 in odd pieces , I think , when they redid the road . 19 MR . MAllA : I don ' t know . I . am not sure . 20 MR . FROST : I would be following up on that 21 prior to the placing of the sign . 22 MR . KLEIN : What would the sign be constructed i 23 of ? 24 MR . BLAIS : It would be supported by two Town of Ithaca Planning Board 8 1 pressure treated lumber 4 by 4 posts and the faces would be 2 density overlay plywood painted . In other words , a simple 3 sign painted just as it ' s shown here in blue and white . 4 MR . LANGHANS : Double faced ? 5 MR . BLAIS : Double faced . And the edges of the 6 sign would also be painted . So , it would be finished all 7 around . And they - do not plan at this time to illuminate 8 the sign . 9 CHAIRMAN MAY : I think probably the next thing 10 would be to do is send it to have the ZBA - - �] 11 MR . MAllA : Is this over and above the percent 12 required - - 13 MR . FROST : You ' re allowed up to - - 14 CHAIRMAN MAY : This is almost double except for 15 the - - 16 MR . FROST : 25 percent . 17 CHAIRMAN MAY : We ' ll have to send it to the ZBA . 18 MR . MAllA : With a recommendation ? 19 CHAIRMAN MAYS Yes . Would someone like to make 20 a motion ? 21 MR . MAllA : Do we have one ? 22 CHAIRMAN MAY : Yes , we have a draft resolution 23 here . 24 MR . KENERSON : I ' ll move the draft resolution . i Town of Ithaca Planning Board 9 1 CHAIRMAN MAY : Will you read the resolved . 2 ( Draft resolution read ) 3 CHAIRMAN MAY : Do we have a second ? 4 MR . KLEIN : Second . 5 CHAIRMAN MAY : We have a second . All those in 6 favor say . aye . 7 ( All say aye ) 8 CHAIRMAN MAY : Opposed or abstention ? 9 ( No. response ) 10 WHEREAS : 11 1 . This action is the consideration of a recommendation 12 to the Zoning Board of Appeals concerning the request for 13 variance of Section 4 . 01 - 1 of the Town of Ithaca Sign Law , 14 to permit the construction of a freestanding sign with a 15 total area of 8 . 38 square feet , such sign to be located at 16 a doctor ' s office at 1290 Trumansburg Road , Town of Ithaca 17 Tax Parcel No . 6 - 24 - 4 - 14 . 2 . 18 2 . This is a Type II action which requires no further 19 environmental review . 20 3 . . The Planning Board on. December 2 , 1986 , has reviewed 21 the following material : 22 A drawing entitled " Proposed Signage for Kyong 23 Office , 1290 Trumansburg Road " , dated November 11 , 1986 , by 24 Robert S . Leathers , Architect , P . C . ; a site plan showing Town of Ithaca Planning Board 10 1 the proposed sign location ; and an accompanying appeal form 2 . dated November 19 , 1986 . 3 4 . The location of the doctor ' s office , on a state road , 4 creates a practical difficulty in regard to conformance of 5 any signage with the 4 square foot limitation of the Sign 6 Law . 7 5 . The Tompkins County Planning Department has been 8 notified of this action pursuant to New York State General 9 Municipal Law Section 239 - m . 10 THEREFORE , I:T IS RESOLVED : 11 That the Planning Board , acting as Sign Review Board , 12 recommend and hereby does recommend ' to . the Zoning Board of 13 Appeals, that variance of Section . 4 . 01 - 1 of the Town of 14 Ithaca Sign Law be granted, to permit the construction of a 15 freestanding sign with a maximum total area of 8 . 38 square 16 feet per side as shown on the aforementioned drawings , such 17 sign to be located at a doctor ' s office at 1290 Trumansburg 18 Road , Town of Ithaca Tax Parcel No . 6 - 24 - 4 - 14 . 2 , with such 19 recommendation conditional upon the concurrence of the 20 Tompkins County Planning Department pursuant to New York 21 State General Municipal Law Section 239 - m . 22 CHAIRMAN MAY : We ' re getting a good number of 23 people in here . There is a yellow pad being circulated . 24 We would ask everyone to please sign it so that we do have Town of Ithaca Planning Board 11 1 a record of , your attendance . I also very quickly will tell 2 you , sa? ould th ,e fire alarm go off , we have exits in three 3 different locations . Please proceed in an orderly manner . 4 Our next Public Hearing is for Consideration of 5 a proposed revision to the Approved Subdivision Plan with 6 respect to the maintenance of an ' easement to the backlands 7 of " Edgewood " , located between 1503 and 1513 Sl ;aterville 8 Road , 'town of Ithaca Tax Parcel No . 6. 58 - 1 - 32 . 2 House 9 Craft Builders , Inc . , Owner ; Jerold M . Weisburd , President . 10 Are you going to tell us about this ? 11 MS . WEISBURD : Yes . Jerry is sick tonight so I 12 get to talk to the Planning Board . Now , you remember that 13 on the part of the resolution that was passed on 14 September 2nd , the given approval required that an access 15 easement be cut off this first parcel to give access to the 16 back portion of the land , that the first : action was 17 dividing it . Then we got the approval for this subdivision 18 with the contingency that that was maintained . 19 At this point , we have offered this back parcel 20 to the City of Ithaca and the BPW of the City did pass a 21 resolution recommending that it be accepted . One of the 22 conditions that we put on that is that we be relieved of 23 the requirement of maintaining that easement ; that this i24 land here be thrown back into parcel one and two so that Town of Ithaca Planning Board 12 1 essentially we would just_ do this here ( indicating ) , and 2 that this land remain in the public domain . 3 So , at this point , what we ' re asking for is to 4 be relieved of those contingencies that were in that 5 initial resolution . There are several references to it 6 there and this would . only be if , in fact , the City accepts 7 it . If the City does not accept it , then we are perfectly 8 willing to maintain that easement. . And that ' s essentially 9 all we' re asking for at this time . 10 CHAIRMAN MAY : Okay . Very good . It , is a Public ] 11 Hearings Is there anybody who wishes to speak to this 12 issue from the public at all ? Does anybody have anything 13 they wish, to say on this ? Anyone ? 14 MS . GRIGOROV : This wouldn ' t change anything 15 that - was going to be built or anything ? 16 MS . WEISBURD : No . It would only change these 17 lot sites , that ' s it , Actually , all those houses are under 18 construction now . It wouldn ' t make any difference . 19 MS . LANGHANS : What about access to the back ? 20 MS . WEISBURD : There would then be no access . 21 This is continued out with the City parcel already so that 22 the City owns down here and up here and this way 23 ( indicating ) , So . that they have access to that parcel 24 through the rest of their land . We essentially did not ' Town of Ithaca Planning Board 13 1 want to make this a public access way for people using to 2 get into the water for obvious reasons . 3 MS . LANGHANS : And the City agreed with this ? 4 MS . WEISBORD : Quite - - 5 MS . LANGHANS : They agreed to - - 6 MS . WEISBURD : Yes , 7 CHAIRMAN ; MAY : Okay . There are no comments from 8 anyone in the public ? Okay . Let me close the Public 9 Hearing and come back to the Board . Any other questions 10 anyone has on this ? You all remember what we did 11 previously as far as the right of way ? 12 MS . LANGHANS : When will you hear when the City 13 accept :e it , do you have any idea ? 14 MS . WEISBURD : Quite soon . We ' ve kind of put a 15 time limit on it and if they don ' t accept it within the 16 next couple of weeks , then that will be it . But it seems 17 as they ' re acting pretty quickly . It ' s just a question of 18 drawing up a deed and transferring it . So , it ' s a question 19 of when the attorneys can do their part . 20 MS . GRIGOROV : I ' ll move the draft resolution . 21 MR . MAllA : I was just going to say - - I was 22 going to make a comment about the draft resolution . I 23 would like to make i. t more specific that this has been • 24 contingent upon the City taking the title in a formal Town of Ithaca Planning Board 14 1 acceptance of the 7 . 4 acres . 2 MS . GRIGOROV : You don ' t think they - - 3 MR . MAllA : I would just say taking title to 4 that land . 5 MS . GRIGOROV : So , you say the City of Ithaca 6 taking title to - - 7 MR . BARNEY : Just change acceptance of deeding . 8 MR . MAllA : That would be fine . Formal deeding 9 to the City of Ithaca . 10 MS . GRIGOROV : Instead of: buying ? 11 MR . MAllA : Right . 12 MS . WEISBURD : Can it also say in the resolution 13 that the easment , rather than it being eliminated , that the 14 . * land will revert back into parcel one and two ? 15 MR . BARNEY : I was going to discuss that . We 16 might add preparation , signing and filing revision to lots 17 one and two of the subdivision . 18 MR . MAllA : That was it wasn ' t it , an easement 19 over that lot ? 20 MR . BARNEY : But shown on that map that way , I 21 don ' t think we want to leave a map with that confusion in 22 the file of the County Clerk ' s Office . - 23 MS . WEISBURD : We have to do a whole new map ? 01 24 MR . MAllA : Seal it and file it . Town of Ithaca Planning Board 15 1 MR . BARNEY : Seal it and have Monte sign it . 2 MR . MAllA : As I understand it , that lot will be 3 part of these lots . 4 ; MS . WEISBURD : It is . It. ' s an easement . It 5 hasn ' t been removed from those lots in that sense . 6 . MR . MAllA : If we remove this easement , then - - 7 MS . WEISBURD You know , wait a second . I take 8 it back . This is shown as lot A and this is lot one and 9 this is lot two . And I think this is being held by House 10 Craft . 11 MR . BARNEY : That was reviewed for - - 12 MS . WEISBURD : This easement parcel is not an 13 easement over lots one and two . It is a separate parcel 14 that is held by House Craft . 15 CHAIRMAN MAY : So , you wish to modify the map 16 and renew it . Do you want to make any further changes in 17 the resolved ? 18 MR . BARNEY : I would suggest that number one 19 where it says , " Therefore it is resolved " , in the second 20 line , " Proposed elimination of the - 60 - foot access parcel " 21 rather than easement . And then add a change to the first 22 sentence to read , " Formal deeding of the 7 . 4 ± acre 23 backland parcel to the City of Ithaca . " And add another 24 paragraph , preparation , signing and filing of a revised Town of Ithaca Planning Board 16 1 subdivision map showing the addition of the access parcel 2 to lots one and two of the subdivision . 3 MS . WEISBURD : Do we have to reference any 4 specific section in the original resolution or does this 5 take care of it ? 6 MR . BARNEY : No , this takes care of it . 7 MS . GRIGOROV. : Well , I ' ll move it , but I didn ' t 8 get down what he said . 9 CHAIRMAN MAY : I think we ' ve got. it . Is there a 10 second '? 11 MR . MAllA : I ' ll second that . 12 CHAIRMAN MAY : Second . All those in favor say 13 aye . 14 ( All say aye ) 15 CHAIRMAN MAY : Opposed or abstention ? 16 ( No response ) 17 CHAIRMAN MAY : So moved . You want to be sure 18 and get that map filed . 19 WHEREAS : 20. 1 . This action is the consideration of a proposed 21 revision to the Approved Subdivision Plan with respect to 22 the maintenance of an easement to Town of Ithaca Tax Parcel 23 No .L 6 - 58 - 1 - 32 . 2 , located between 1503 and 1513 Slaterville 24 Road , also known as the backland parcel of " Edgewood " Town of Ithaca Planning Board 17 1 cluster subdivision . 2 2 . The Planning Board at a Public Hearing on 3 September 2 , 1986 , granted Final Subdivision Approval to 4 " Edgewood " , as shown on a map entitled " Record Plat of 5 Edgewood Development , being a portion of Great Lot 98 , Town 6 of Ithaca , Tompkins County , New York , " dated August , 1986 , 7 by Hunt Engineers , P . C . , with certain conditions , which 8 have been met , . as shown on a map entitled " Record Plat of 9 Edgewood Development , being a portion of Great Lot 98 , Town 10 of Ithaca , Tompkins County , New York , " dated August , 1986 , 11 . revised September 41 1986 , by Hunt Engineers , P . C . 12 3 . it is the understanding of the Planning Board , as has 13 been discussed at a Public Hearing on December 2 , 1986 , 14 that the City of Ithaca has been offered , and is currently 15 considering acceptance of , the 7 . 4 ± acte backland parcel , 16 with the condition that the 60 - foot parcel giving access to 17 the backland parcel , as shown on the aforementioned map , be 18 eliminated . 19 THEREFORE , IT IS RESOLVED ; 20 That the Planning Board approve and hereby does 21 approve the proposed elimination of the 60 - foot access 22 parcel as shown on the aforementioned map , as revised 23 September 4 , 1986 , having determined from the materials i i 24 presented that such an elimination will result in neither a 18 Town of Ithaca Planning Board 1 significant alteration of the purposes of subdivision 2 control nor the policies enunciated or implied by the Town 3 Board , with the following condition placed on such 4 approval : 5 1 . Formal deeding of the 7 . 4 acre backland parcel 6 to the City of Ithaca . 7 Preparation , signing , and filing of a revised 8 subdivision map showing the addition of the access parcel 9 to lot . 1 and 2 of the subdivision . 10 CHAIRMAN MAY : I believe our 7 : 50 agenda item �] 11 has been cancelled . ( Cascioli ) 12 MS . BEENERS : We have a letter from the next 13 applicant requesting that we have: a sketch plan review and 14 : cancel preliminary subdivision review so that agenda item 15 is cancelled . They asked it to be withdrawn tonight so 16 that the package could be looked at in a sketch plan later . 17 CHAIRMAN MAY . . Okay . We do have a couple 18 minutes before we start the next Public Hearing . Does 19 anybody have any business other than telling them we ' re not 20 having a second meeting this month as Susan indicated to 21 you ? 22 MS . BEENERS : Do you see into January as far as 23 setting the meeting schedule ? Is everybody willing to do 0] 24 the first and third Tuesday ? Town of Ithaca Planning Board 19 1 MR . MAllA : When ' s the first Tuesday ? 2 MS . BEENERS : The 6th . 3 CHAIRMAN MAY : That ' s not bad . 4 Andy , do you have anything you wish to say on 5 the building report for four or five minutes . We have a 6 couple minutes here . 7 MR . FROST : There ' s a clarification on this 8 section for educational , the Cornell Chilled Water Plant 9 Extension . They basically - - they have paid . It didn ' t 10 show up on that . It was issued in September , permits being i11 issued over about four days construction . So that ' s why 12 you don ' t see any construction figure outside of the annual 13 report; that we have shown for year to date outside of 14 that . It ' s - 15 MR . MAllA : Do you recollect . what the total cost 16 of the construction was in 1985 , just out of curiosity ? 17 MR . FROST : I looked at that figure . I think it 18 was in October and it was either higher or closer to the 19 level it was . I can ' t remember the figure off the top of 20 my head . It was fairly similar to the figures . 21 CHAIRMAN MAY : Anybody else on the Board have 22 anything anybody wishes to - - 23 MS . LANGHANS : How will we let the Town Board 24 know our wishes on the replacement for Barbara ? Town of Ithaca Planning Board 20 1 CHAIRMAN MAY : We need to take a vote and then 2 pass the resolution on to the Town Board , 3 MS . LANGHANS : Is this something they want to 4 have done in time ' for January ? 5 CHAIRMAN MAY : It would be very useful to do it . 6 MS . LANGHANS : Maybe at the end - - 7 CHAIRhIAN MAY : Yes . At the end ? I think that 8 would be a good time to talk about it . Can we start ? 9 We ' ll open the next Public Hearing for a 10 Consideration of Site Plan Approval for the proposed 11 expansion of College View Mobile Home Park and 12 Recommendation to the Town Board with respect to the 13 proposed Rezoning of the lands of Paul A . Jacobs from 14 Residence District R - 30 to Residence District R - 5 ( Mobile 15 Home Park District ) , located at 136 - 146 Seven Mile Drive , 16 Town of Ithaca Tax Parcel No . 6 - 33 - 2 - 2 and a portion of 17 Town of Ithaca Tax Parcel No . 6 - 33 - 2 - 1 . Paul A . Jacobs , 18 Owner / Developer , 19 Tell us about it . 20 MR . ALBANESE * We ' ll we ' re back again . I think 21 Mr . Jacobs is ready to celebrate his one year anniversary 22 with this Town Planning Board , 23 The reasons we ' re back are twofold . One is back 24 on October 20th at the Town Board meeting , you all know we Town of Ithaca Planning Board 21 1 missed having approval for this entire project . We had 2 five and two and we needed six . 3 The second reason we ' re here is because we have 4 new information to present . And that information is that 5 we now have approval from the Health Department for water 6 and septic systems . It was our feeling the general 7 consensus at that last Town Board meeting , one of many 8 reason :) we didn ' t have approval was because the Town Board 9 was a little leery of passing a zoning change without 10 having the Health Department approval and didn ' t want to • 11 get in a situation where the Health Department would not 12 approve! and they ' d be stuck with an R - 5 ' zone with nothing 13 to develop . 14 Well , Mr . Albern has spent a lot of time in 15 putting a new or revised site plan together , which has been 16 approved by the Health Department . He ' ll go into that in 17 detail . 18 What I do want to set forth is a couple things 19 which Susan has already presented to you . One is there 20 will be some change to the landscaping . Mr . Albern will 21 show that to us . And there is also going to be a change in 22 the existing park setup whereby we plan to move four mobile 23 homes along the southern border of the existing part within 024 three years . Two of those . to be removed within the first Town of Ithaca Planning Board 22 1 year . 2 The last thing I want to point out to the Town 3 Board , back on October 20th and that was that we do have 4 support: for this project . This Board has been presented 5 with a lot of opposition to this project and at the 6 September Town Board meeting , I did present that Board with 7 a petition , which was signed by 60 persons who were in 8 favor of . this project . And since that has not been 9 presented to this Board . I would like to do that tonight . 10 This petition states 60 names of those in favor 11 as well, as the property owner directly to the north of this 12 proposed development who is also in favor of this 13 development . Mr . Albern will . go over the Health Department 14 plans . 15 MR . ALBERN : There is one other thing that has 16 been added to these drawings , since you have seen them last . 17 I have now added the test date for the water supply system 18 as tested by a local well driller . We have available 19 38 , 880 gallons a day on demand of . 11p700 gallons a ' day . 20 This is a lot of water available . z 21 The trees have been shown a little bit 22 differently . we have evergreens coming along here . This 23 is the existing wooded area . There is the existing wood 24 ( indicating ) ., The evergreens shown on the existing park Town of Ithaca Planning Board 23 1 are the existing trees . They ' re quite a few nice good 2 sized trees in this existing part . 3 It has been approved by the Health Department as 4 shown on page two of the drawing , which you people have a 5 copy of . There is a little sketch plan on the lower 6 left - hand of the center , which shows the southern area on 7 the existing part where the owner has now offered , as you 8 people requested , to remove two of those mobile homes . He 9 is now offering to remove four and eventually remove all 10 eight probably and replace with four new modern homes . And 11 we have the Health Department ' s approval that has been 12 stated , which is unusual for a project prior to approval . 13 CHAIRMAN MAY : This is a Public Hearing . Are 14 there any comments anyone wishes to make in regard to this 15 proposal ? 16 MR . SELDIN : My name is Bill Seldin and I speak 17 for the people that are opposing the requested rezoning . 18 Am I correct in understanding that - - is there anybody from 19 the Health Department here tonight , just out of curosity ? 20 I guess the concerns - - I ' ll try to keep it short , because 21 it ' s not my intention - to be repetitive with respect to what 22 has already been said . It was the overall reaction that 23 has been looked at the project as it stands today with the 24 Health Department approval that the concerns that we had Town of Ithaca Planning Board 24 1 entirely have not been satisfied for these reasons . 2 First of all , the manner in which the park has 3 been operated in the past creates doubt among the adjacent 4 property owners and surrounding members of the community 5 how much will be done in accordance with the resolution 6 that ' s being proposed tonight . 7 I ' d like to make specific reference to the 8 portion,, of the resolution which indicates that it imposes a 9 responsibiity , an obligation , on the owner . On page two , 10 subparagraph I , " That all refuse and debris , including 11 especially any inorganic items ( pipes , sheet metal , cans , 12 et cetera ) be removed from the existing park and the 13 planned expansion of the park , or stored only in closed 14 garbage containers , et cetera . Sub J which says that the 15 mobile home park ( both existing and the planned expansion 16 of same ) be kept free of refuse and debris A5 a, 17 continuating issue of each year of the operating permit . 18 Let me say that it ' s a bit unusual and it kind 19 of sends up a red flag , if you will , to have that kind of 20 condition and resolution . 21 Apparently the photographs that we displayed at 22 the time of the initial meeting and at some of the ensuing 23 meetings before the Planning Board were brought home to 24 some of the members and perhaps some of the members of the Town of Ithaca Planning Board 25 1 Planning Department . But we question what is the viability 2 of such a provision once the property is rezoned . 3 If these provisions are violated , what 4 difficulty do we have in enforcing these provisions ? I 5 went in great lengths at one of the meetings trying to 6 distinguish the reality of what we ' re doing versus what is 7 being proposed . I think my statement was - - well , you can 8 have the most grandiose plans , but the history of this park 9 raises concerns both with respect to the aquifer , the 10 ability to provide sufficient water source without 11 depending on the water source of adjacent property owners 12 and what affect that would have logically . 13 I raised concerns that there have been numerous 14 complaints filed with the Health Department indicating back 15 a good many years that went to both water and septic 16 deficiencies . And I displayed photograph after photograph 17 indicating that the park was not kept in such a fashion 18 that these people could somehow accept an expansion . 19 So , they all translated into , pardon the 20 expression - as being , " dumped on " . The expression was 21 further dumping on them because we had the burden and so 22 on . 23 So , the concern that you can have the most 24 verbose wording in the world and it can sound great , but Town of Ithaca Planning Board 26 1 what really happens two , three years down the road when the 2 dumping continues in the stream , when we have water 3 problems , when we have contamination . 4 What studies have been done ? Larry Fabbroni and 5 I went round and round and back and forth on that . He 6 started talking about well , how all these test holes were 7 dug way back when it really didn ' t answer the question . We 8 still have the same concerns , the same cautions that we had 9 ! in the beginning and the approval of the Health Department 10 contains an enormous safety valve , if you will , we give !� 11 approval , but . . . . and then on page two this department 12 does not assume responsibility for the design of your 13 facility , et cetera . So , we don ' t know what ' s going to 14 happen , 15 The concern I guess , there are some members 16 tonight that are going to talk about this . We have to 17 somewhere along the line figure out whether or not there is 18 going to be compliance with everything that is required . 19 Is Mr . Jacobs really going to toe the mark and do 20 everything that is required , because once you grant the 21 rezoning , it ' s cut and dry . It ' s like Hotel Leonardo when 22 the Health Department came down on them . They wanted all 23 the people out . Where are you going to put them ? What are 24 you going to do if he violates it ? What ' s the likelihood Town of Ithaca Planning Board 27 1 that hie ' s going to violate it . 2 Back at the last time we met or time previous to 3 that , I presented pictures and I ' ll do it again . Now , 4 these pictures were taken back in June and July of ' 86 , 5 showing a brand new mobile home that had materialized in 6 the park . It was without skirting . I made a big deal 7 about that . He is in violation . Well , we have the same 8 mobile home taken December 2nd . It ' s still without 9 skirting . 10 Is this trivial ? No . I think it highlights and 11 I would suggest it highlights the . concern of the members of 12 the community that we can see that we ' re going to plant 13 evergreen trees and we ' re going to comply with the 14 conditions and the resolution to prohibit dumping and so 15 on . But the reality is that we ' re going to be sitting two 16 years here and trailers still won ' t have skirting and there 17 still will be dumping in the streams that traverse the park 18 that lead down to the inlet . And we ' ll still be without a 19 satisfactory study or any study to indicate what the impact 20 of the increased housing will be , which everybody has made 21 much ado about throughout the entire proceedings . 22 And I would also make mention and I guess I ' 23 would address this to you , John . On October 27th , Paul 24 sent Jean Swartwood a letter . The concern addressed by the Town of Ithaca Planning Board 28 1 letter was the comprehensive planning , which was labeled 2 the draft . We still don ' t know today whether that ' s been 3 approved by anybody and I wish you could tell me whether or 4 not it has or has not . Well , although any change involving 5 this has to - be made to some comprehensive plan . The letter 6 was addressed to Jean on October 27th . As I established 7 here tonight , we still do not have a response . 8 And . the comprehensive plan , I assume that my 9 comments about the comprehensive plan I made the first time 10 will strand on the record tonight without my having to 11 repeat it . 12 The bottom line on all of this is that since 13 rezoning is such a drastic measure because you take people , 14 owners of property in the community who came in , purchased 15 these homes , made improvements , under the guise that the 16 property would remain as indicated when they first got 17 there and made their investments . And then they look 18 around today , they notice , well , there is going to be a 19 change . We didn ' t contemplate this when we came in . We 20 have problems with it . If somebody said to me before 21 tonight , one of the property owners , you know , if there 22 were water and sewer municipal water and sewer to this lot , 23 to this site , we wouldn ' t be here . We have yet to see a 24 study . Town of Ithaca Planning Board 29 1 The concerns remain and I trust that you will 2 consider that in your deliberations . Thank you . 3 CHAIRMAN MAY : Somebody else wish to speak to 4 this ? 5 MR . JOSSELYN : Don Josselyn . I can certainly 6 attest to the fact of the closeness of the trailers . This 7 has never been acted on by Mr . Jacobs nor has he skirted 8 the two new ones that were put in this summer . And I 9 believe the rule is 30 days and they need to be skirted . 10 Also , there are three other trailers that are 11 sticking out beyond the 30 foot rules that the Town Board 12 made as; a rule and a guideline for existing trailer parks . 13 Not only that , we ' ve already seen some of the 14 problems that we ' re running into with lack of water . This 15 has been a main concern of ours . We also have had the 16 concern. about fire protection . We haven ' t seen any 17 improvements there . 18 We felt right along as a group that some studies 19 need to be made to prove that this is a logical way to go 20 as far as expansion goes . We don ' t mind having it the way 21 it is now . We ' re willing to put up with the problems we 22 face , the current size park . It ' s just the expansion that 23 we feel is going to be a big detriment to our community , 24 having the Town barns at one end , having the Tompkins Town of Ithaca Planning Board 30 1 County barns at the other , for the Highway Department , the 2 school buses for the Ithaca School at the other end . 3 We feel we ' ve had enough as .far as environmental 4 problems go . 5 CHAIRMAN MAY : Anyone else ? 6 MR . SHELDRAKE : George Sheldrake , 174 Calkins 7 Road , Ithaca . I have a few questions , one for Mr . Albern . 8 I ' d like to know when the test was done on your well there ? 9 MR . ALBERN : One test - - the dates on the letter 10 I have are May 5th and May. 14th . 11 MR . SHELDRAKE : Has it been done since the last 12 Town Board meeting ? 13 MR . ALBERN ; No , May 5th and May 14th . 14 MR . SHELDRAKE : We do have a water problem in 15 . our area , and it ' s becoming more evident . Just last week 16 when my well at my house on Calkins Road , 440 feet went 17 dry , Friday last week . And the very same day the well at 18 the Convenient Store on Route 13 bottomed right out , 427 19 feet down there . That ' s a real concern for our area . We 20 don ' t know if it ' s all connected or what with the increase 21 in draw . We ' re very concerned about it . 22 Also , in his plans here , I was just noting that 23 the Town of Ithaca Zoning Ordinance , Article 11A , Section 24 3E says , " Each mobile home shall set on a pad or secured to Town of Ithaca Planning Board 31 1 the ground . " I ' d like to know in the existing mobile homes 2 are any of them secured to the ground ? 3 MR . ALBERN : They don ' t have to be . They ' ve 4 been there for many years . 5 MR . SHELDRAKE : The skirting is required within 6 30 days from placement of the mobile home . And you have 7 two new ones in there , no skirting . I am waiting for them 8 to come fix it . 9 MR . ALBERN : I believe these mobile homes are 10 put there temporarily . 11 MR . SHELDRAKE : Well , you can call it 12 temporarily . In your new planning in Section 3E in 13 driveways and walkways ; according to this , all the 14 driveways and walkways should be made with blacktop and 15 concrete or other solid material . Your driveway , what ' s 16 the surface on that . 17 MR . ALBERN : Oil and stone , which is the Town 18 road specification . 19 MR . SHELDRAKE : Not asphalt ? 20 MR . ALBERN : It ' s the Town - road specification . 21 MR . SHELDRAKE : Dirt road ? 22 MR . ALBERN : It ' s the Town road specification , 23 CHAIRMAN MAY : Okay . 24 MR . SHELDRAKE : It ' s not in accordance with - - Town of Ithaca Planning Board 32 1 MR . ALBERN : Yes . It ' s a tar surface because it 2 is a Town road spec . 3 CHAIRMAN MAY : We ' re not starting a fight here . 4 MR . SHELDRAKE : I ' m just trying to see if this 5 plan complies with the zoning ordinance . 6 CHAIRMAN MAY : Okay . Thank you . Somebody else 7 wish to speak to anything new here tonight ? 8 MR . WOOD : Alan Wood . I ' d like to remind the 9 Board and Counsel , you ' re well aware of the fact when 10 someone is not in compliance , the Town has a very difficult 11 time about doing anything about that . I think - you ' re well 12 aware of the situation I am talking about . I think this is 13 another instance where you ' re going to end up having no 14 teeth to make someone come into compliance with things that 15 look good and could be good . 16 In terms of water , I mean , I ' ve got problems , 17 too . I ' ve live up on the hill . I have a deep well . The 18 same thing is happening . I didn ' t have to run out . I 19 nursed mine along quite often during the year , they go dry . 20 I ' m really concerned that someone is drawing that much 21 water out . That ' s the end . I don ' t know what I am going 22 to do :if I have to tank it in . 23 CHAIRMAN MAY : The water issue is really the �] 24 Health Department , and we rely ultimately on the Health Town of Ithaca Planning Board 33 1 Department for information on that . 2 MR . DUBIN : David Dubin , Seven Mile Drive . You 3 keep saying you rely on the . Health Department and the 4 Health Department indicates they ' re not responsible . 5 They ' re responsible for one segment , but not the kind of 6 thing we ' re talking about . Nobody seems to accept 7 responsibility here . When a well runs dry on Calkins and 8 over on the far end of - Route 13 at the same time , a 9 reasonable person concludes there may be some connection . 10 At . the same time , a man somewhere else has problems with i11 his well , 12 We just don ' t know . The water here has been 13 tricky for everyone living in this area . We don ' t know 14 what the connections are . Even the experts have trouble 15 calling where the connections are - , but we see well problems 16 cropping up in odd places at the same time . Doesn ' t that 17 bother anybody ? Doesn ' t that suggest maybe there is a 18 problem ? 19 You know , we talked about a dry well before . 20 The problem that occurred last Friday , this is current . 21 There is enough indication of problems that this shouldn ' t 22 be a closed ear and no one shows responsibility for what 23 we ' re asking about . 24 CHAIRMAN MAY : Certainly this Board is not Town of Ithaca Planning Board 34 1 qualified to answer that and , ultimately , we rely 2 on the Health Department . 3 MR . DUBIN : They indicate they won ' t respond . 4 MS . BEENERS : In addition , in previous 5 discussions about this , while there is evidence of water 6 supply problems in some of these areas , there is also 7 evidence of ample water in other areas and it has been 8 evidenced by the tests for water connected with this 9 project . So , I don ' t think we ' re relying just on the 10 Health Department for that , but also on previous - - 11 CHAIRMAN MAY : I think we have a very 12 interesting situation when we have a well between the two 13 you ' re talking about , which seems to have very adequate 14 water . 15 MR . DUBIN : Maybe there is a draw down 16 relationship from the well in the middle to the well on the 17 two sides . 18 CHAIRMAN MAY : I think that ' s stretching things . 19 MR . DUBIN : I don ' t think it ' s stretching it at 20 all . 21 CHAIRMAN MAY : Someone else wish to speak to 22 this , ;please ? 23 MS . STURGEON : Eleanor Sturgeon . I ' ve been 24 living in the valley for about 33 years and love the place . Town of Ithaca Planning Board 35 1 One of the things that I like about it is the fact that 2 it ' s a, pretty nice place to live . You ' ve got pretty nice 3 neighbors . 4 There comes a problem when they all get together 5 on something . You have a lot of neighbors getting together 6 on this and they are telling you we have water problems in 7 the valley . This isn ' t one single person that lives . in the 8 valley , they ' re telling you some time or other they don ' t 9 have water . 10 I have a water problem . I don ' t have any . Not 11 one single drop . I ' ve been trying to get some well 12 drillers to drill another well for me . I have had two turn 13 me down . Now , the third one has said , " Yeah ? I ' ll come . " 14 This has been six months . And so finally I pinned him 15 down . He said , " Well , it ' s like this . You ' ve got 16 quicksand there in the valley . If you drill a well , it 17 might fill up with quicksand . " You cannot depend on the 18 water :supply . If they get you water , you can ' t depend on 19 it . 20 He says this is a quicksand area. . And this I 21 know because I have neighbors up on the hill . When they 22 were building their house , they were delayed in building it 23 for a period of time because they have quicksand problems . 24 These are problems that we who live here are Town of Ithaca Planning Board 36 1 telling you about . Now , how can you in conscience say , 2 " Okay folks , put 50 trailers up there on the hill . You ' ve 3 got one good well . " How can you in conscience face people 4 who have lost their home with a fire because there wasn ' t 5 water to fight it ? How can you in conscience answer to 6 persons who might lose children in that because there isn ' t 7 water to fight them ? How can you ? 8 We ' re standing here and telling you there ' s a 9 water problem . There ' s a ' wa. ter problem . There ' s a water 10 problem . But we ' re also here to , tell . you that there is a 11 sewage problem and how can you add 50 more units or 30 some 12 units to an area that has such a fragile nature . The water 13 is not dependable . The sewage is not dependable. . How can 14 you in conscience do this ? How will you be able to face 15 yourself in the morning if some day a whole group of people 16 in those trailers go up in fire because there isn ' t water 17 to fight it ? How can you even contemplate doing something 18 like that ? 19 It isn ' t just what we want , it ' s what you ' re 20 going to inflict on people who are going to come in . I 21 don ' t .see how in conscience you can do this . 22 CHAIRMAN MAY : Thank you . 23 MS . CUTLER : . College View Park ' s where I live . �] 24 I have lived there about four years . How come all these Town of Ithaca Planning Board 37 1 problems are here ? , We don ' t have any problem . We ' ve never 2 had a well go dry there at the park . Never that I know of 3 in four years and beyond that . I ' ve known people in the 4 park . If there ' s that much of a water problem , how come we 5 never had a problem at the park ? I ' d like to have 6 somebody . answer that . 7 MS . STURGEON : If you say you ' ve been there four 8 years , you ' re a newcomer . 9 MS . CUTLER : I have been at the park before 10 visiting people that I know . They never had a well go dry . 11 CHAIRMAN MAY : Someone else wish to speak ? 12 MR . JOSSELYN : I ' d just like to ask the Board 13 why is it that you always take the word of Mr . Jacobs ' 14 architect as the last word ? You take his word on the 15 number of gallons of water there are from such and such a 16 well . You take his word on what he is going to do for 17 trees and what he ' s going to do for the mobile homes , how 18 they ' re going to spread them out and how they ' re going to 19 provide for fire . 20 Why is it he has the last word ? Why is it 21 somebody from our group doesn ' t get asked the last word ? 22 CHAIRMAN MAY : I am not sure I understand that . 23 MR . JOSSELYN : You ' re using them as the 24 authority . Town of Ithaca Planning Board 38 1 MR . BARNEY : Mr . Josselyn , you ' re perfectly free 2 to bring in any authority you ' d like to bring in , too . 3 This Board , I am sure , would listen to this person as well . 4 This gentleman happens to have the license and the 5 information and professional responsibilities . I assume 6 that when he stands up and says he runs a test , we accept 7 he runs the test . He ' s qualified to supervise that test 8 and has professional liability to make sure they ' re done 9 correctly . 10 I am concerned about neighbors with water 11 problems . I understand the concern . I don ' t obviously 12 make the policy decision here . Because somebody next door 13 is having a water problem , does - that stop any development 14 or any other new development of a piece of land or you to 15 develop when you have the test. results ? In this particular 16 instance , you have to listen to what the figures are . 17 CHAIRMAN MAY : It ' s interesting to hear John ' s 18 comments . 19 MR . SELDIN : I ' think the problem , John , is that 20 we don ' t know . We don '_ t know . We can ' t tell from the test 21 that Mr . Jacobs ran . We certainly can ' t tell from the . 22 Health Department . 23 CHAIRMAN MAY : What you can ' t tell - - 24 MR . BARNEY : If you have a man tell you he ran a l Town of Ithaca Planning Board 39 1 test of it , he ' s professionally qualified to do that . 2 You ' re saying we don ' t know . 3 MR . SELDIN : We don ' t know the effect it ' s going 4 to have on - - as this lady so ably put it � on our 5 surrounding community . We know that may be fine for the 6 park . We don ' t know what it ' s going to do down the road . 7 That ' s the problem . 8 Mr . Chairman , that ' s my point . The reports and 9 studies we have today don ' t speak to what the effect is 10 going -to be on the surrounding community that the - - ® 11 CHAIRMAN MAY * What we have to say is these are 12 professional people that bring the information to us , 13 including the Health Department . In this case , the Health . 14 Department is the one who accepts the responsibility for 15 water ,systems and they have approved it . 16 MR . SELDIN : Where is that report ? Does it say 17 there wouldn ' t be contamination and wouldn ' t be draw down 18 on our community ? . 19 MR . BARNEY : I think contamination is explained 20 in the :it - report . That ' s what they ' re charged with . Their 21 responsibility is contamination . Draw down is a different 22 question . I really don ' t know the answer to that . 23 CHAIRh1AN MAY * I don ' t think anyone does . 24 MR . BARNEY : Where ' s your expert saying that it Town of Ithaca Planning Board 40 1 will cause a draw down ? 2 MR . SELDIN : We have suggested from the outset 3 that wle should - - 4 MR . BARNEY : . Are you qualified ? 5 MR . SELDIN : I ' d like to answer your question . 6 AMR . BARNEY : Are you qualified ? Do you have a 7 P . E . ? 8 MR . SELDIN : Okay , I ' m not , John , don ' t be 9 ridiculous . We have suggested from the outset since you 10 assumed the rule of advocate . What we suggested from the 11 outset is that we have the ability - - the Town has not 12 called for the environmental impact statement . The Town as 13 Lead Agency has not done that . We have suggested that 14 because of the concerns with respect to draw down and so on 15 that it: would be appropriate to use that as a vehicle to 16 explore the concerns . That hasn ' t been done . 17 MS . BEENERS : Mr . Chairman , two things I ' d like 18 to say ., One is , of course , I don ' t have a P . E . either , but 19 my recollection of previous discussion of this have 20 included the fact that draw down would only be a problem if 21 there are wells put in , say , 50 feet apart from each other 22 all in a row . There was a similar kind of thing that came 23 up with the Ciaschi proposal . The intensity of the 01 24 development of wells might cause a draw down problem , but Town of Ithaca Planning Board 41 . 1 because of the irregularity of aquifers and other 2 conditions in this area , it ' s my recollection that has not 3 been seen to be a problem in connection with this project . ' 4 The other thing is that the thresholds for this 5 project have - been seen by the Town as well as by John 6 Andersson as .not being so high as to require an 7 environmental impact statement . 8 MR . WOOD : Alan Wood , again . First of all , I ' d 9 like to make a request to the Board . I ' d like to hear some 10 comments from the Board about comments that are being made 11 out here . I have come to a lot of these meetings . I think 12 it ' s more appropriate that the public get comments from the 13 Board .as opposed to counsel or your inside expert on 14 things . I ' d like to hear what you have to say on it . 15 You ' re hearing what we have to say . It ' s more appropriate 16 that the public interact with the Board . 17 The second thing , if you ' re going to go to such 18 great :lengths to insure , to guarantee all of these things 19 be done , will the Town be bringing to that , documenting the 20 fact if they weren ' t done , the Town will proceed and take 21 action and stipulate that action will be taken if 22 compliance is not met , they will be hard and fast about it 23 as opposed to turning their backs ? 24 CHAIRMAN - MAY : It has a one - year recertification Town of Ithaca Planning Board 42 1 requirement , which if it does not meet it , why then it will 2 not again receive certification . 3 MR . BARNEY : There is an additional existing 11 4 part which is not subject to the zoning regulation under 5 the R - 5 zone now . It would be placed under that 6 regulation , which would give the Town some powers , which 7 are lax now . 8 MR . WOOD : We get a situation where the 9 developer came in noncompliance . In such a case , people 10 can ' t even sell their homes . 11 MR . BARNEY : We ' ve been round and round . There 12 is a real issue as to who is the problem with respect to 13 the complaint . This is something I don ' t want to get into . 14 Now , we ' ve been round and round on that and we ' ve done what 15 we could . 16 MR . WOOD : You ' re a lawyer , you know . 17 MR . BARNEY : We ' re talking about a completely 18 different situation . 19 MR . WOOD : We ' re talking about complaints and 20 making sure the Town makes sure the complaint is met . If 21 we ' re going to make - 22 CHAIRMAN MAY : We believe that we did that . 23 MR . SHELDRAKE : We ' re not talking about everbody 24 else in the neighborhood , one , well per house . We ' re Town of Ithaca Planning Board 43 1 talking about 56 homes on two wells . There is a big 2 difference . As Susan says , a well 50 feet apart , it ' s 3 going to cause a draw down . If you have 56 houses and two 4 woul .dn ' t - - 5 CHAIRMAN MAY : That ' s talking about two entirely 6 different things . 7 MR . SHELDRAKE : Any number of houses on the same 8 well - - 9 CHAIRMAN MAY : Right , we don ' t have this 10 situation . 11 MR . SHELDRAKE : � It ' s not one family affected , 12 it ' s the whole half of the park , or the whole thing . 13 CHAIRMAN MAY : We have no reason at this point 14 to believe or have information that aquifers are involved 15 at all ., 16 MR . SHELDRAKE : If you ' re truly concerned , run 17 water out there . 18 CHAIRMAN MAY : That ' s not this Board ' s 19 responsibility . I am going to close the Public Hearing . 20 MS . STURGEON : Eleanor Sturgeon , 718 Elmira 21 Road . One of the things that you mentioned that you take 22 into consideration is the information that professionals 23 give you . A professional is not a person who has been i24 living here . Well we , the majority of us here are a Town of Ithaca Planning Board 44 1 professional residents of the valley . We have experience 2 with the valley . We have experience with the water supply 3 in the valley , and we have lived with these conditions , and 4 we are telling you there is a problem . You ' re just letting 5 it go in one ear and . out the other . You only open the ear 6 that Mr . Jacobs ' authority has - for you that we have a 7 number of gallons . 8 Now , there are wells that have been dependable 9 for a period of time and then go boom . Like George says , 10 they bottom out . Now , he might tell you he gets a number 11 of gallons , but that is no guarantee that ' s going to go on 12 forever . And once they get those trailers on there , that ' s 13 going to be almost - - I say to you , how can you allow this 14 to happen ? You ' re going to in conscience , some 50 15 families , when the water goes out - - it could possibly take 16 the whole valley out for water . It could happen . How 17 could .you in conscience face that without speaking up and 18 demanding that you consider it and do more , because you ' re 19 just going on their word for it . That ' s all you ' re doing . 20 You ' re just going on their word for it and they cannot 21 speak with authority on the whole valley . All they can 22 speak . on is their well and the amount that they get , the 23 number of gallons at that time . But there are no 24 guaraniees that ' s going to not decline for the lives of the Town of Ithaca Planning Board 45 1 whole valley . 2 CHAIRMAN MAY : First of all , as far as I know , 3 your problems with your wells have nothing to do with this 4 well , because this well is basically not in operation at 5 this . pioint . It ' s just starting out . All your problems 6 existed prior to that , but this well has been certified by 7 the Health Department . 8 I am closing the Public Hearing at this point 9 and lest us bring it back for discussion to the Board . 10 Board members do you have questions of the developer ' s 11 attorney ? 12 MS . GRIGOROV : I do have a question . The logic 13 of expanding this trailer park is because it will be bigger 14 and it will become abetter park than it is now with the 15 zoning and control . How much control do we have just as a 16 matter of not relicensing him ? 17 MS . BE.ENERS : We have a section in number 10 . 18 For instance , in the zoning ordinance for one thing , where 19 there is operative permits that are issued annually and in 20 the draft resolution on number J are further conditions 21 that you would be placing to make sure he would be in 22 compliance . 23 MS . GRIGOROV : As he said , if he isn ' t 24 relicensed - - still what are you going to do ? It ' s going Town of Ithaca Planning Board 46 1 to have to be - - 2 MR . BARNEY : You ' re the same authority then . 3 When somebody is not complying with the zoning ordinance 4 and we normally first try and work it out through the 5 zoning enforcement officer . If that doesn ' t succeed , then 6 the zoning enforcement office issues a violation notice . 7 If that doesn ' t get them to comply , then the Town , and in 8 many instances , gets , lawsuits against them for justice 9 relief ,, 10 MS . GRIGOROV : I was wondering about any fines ? 11 MR . BARNEY : The Town generally has chosen to go 12 the civil route rather than the criminal route simply 13 because the issues involve an issue a little bit more 14 complex than what I have dealt with , with the district 15 court level . We have the residence district which is R - 5 , 16 which is , adopted and amended in the zoning ordinance back 17 early in the year . At the time it was adopted , Mr . Jacobs ' 18 trailer park was in existence . There is a question as to 19 how many of the requirements that are set forth in the 20 district R - 5 relating to stands and skirting and all the 21 rest apply to the existing trailer park . 22 MS . GRIGOROV : But they will apply ? 23 MR . BARNEY : By the terms of the resolution and 24 by agreement with Mr . Jacbos , if the approval is obtained Town of Ithaca Planning Board 47 1 for the park , he has agreed he will submit the entire park 2 to the regulation both under the R5 regulation as well as 3 somewhat more stringent regulations in a couple of areas in 4 the proposed resolution . 5 CHAIRMAN MAY : Any questions or comments anyone 6 has ? 7 MR . KLEIN : John , there will be an annual permit 8 required for the park , right ? 9 MR . BARNEY : Yes . 10 MR . KLEIN : One assumes that within one year if 11 there was rezoning and it proceeds , within one year ' s time 12 that permit could be revoked if retroactive provision , 13 clean Lip and et cetera , have not been enforced , correct ? 14 CHAIRMAN MAY : That ' s right . It ' s not that we 15 have to wait five years down the road . We have a mark in a 16 year , is that correct ? 17 MR . BARNEY : That ' s correct . You have a mark 18 really earlier than a year once there ' s an agreement to 19 bring into compliance if the local law that creates or 20 permits enlargement of zoning passes , that compliance is 21 supposed to be at that point so that if there ' s 22 noncompliance , then the Town could opt to bring a lawsuit 23 to force compliance . I have a sneaking suspicion if it was 24 enlarged , the compliance should have not been a problem , Town of Ithaca Planning Board 48 1 but will be a problem later . 2 MR . MAllA : I have a question on some of the new 3 information that ' s been given by the owner tonight . What 4 they intend to remove you said is eight trailers ? 5 MR . ALBERN : This is where there are eight 6 units . Presently we ' ll have four units within three years . 7 One of these two units , 14 or 15 will be moved between 22 8 and 23 and the other one will be set so it ' s in conformance 9 with the buffer zone . 10 MR . MAllA : These are much larger units than the 11 eight that are there now ? 12 MR . ALBERN : Yes . The current mobile home is 12 13 by 80 or 66 or 14 by 66 . One of these units , I don ' t know 14 how old it i 's , I think it was 6 feet wide by 30 feet long . 15 It ' s quite an old unit . 16 CHAIRMAN MAY : So , these will be run parallel 17 with the stream instead of perpendicular to it ? 18 MR . ALBERN : Parallel to the drive , little on an 19 angle . so it doesn ' t line up on a straight line . 20 CHAIRMAN MAY : Other comments anyone wishes to 21 make ? 22 MR . KENERSON : I wasn ' t involved in all the 23 previous exposure . Maybe it might help . What is 24 different ? This Board has approved certain things in the Town of Ithaca Planning Board 49 1 past . Are we . back to day one or are we starting up the 2 line a little bit with certain things already resolved ? 3 Are we actually - - 4 CHAIRMAN MAY : I think as far as our motions , 5 we ' re basically starting out at ground one , 6 MR . KENERSON : Again . 7 CHAIRMAN MAY * Because it is a different 8 proposal and it now has the Health Department approval . 9 MS . BEENERS : Well , in connection with that , 10 this S17JQR update that you have received , I summarized the 11 changes from the earlier plan being some design changes , 12 which gave them the preliminary approval from the Health 13 Department . Changes as far as the landscape plan goes , the 14 inclusion of an as- built site plan for the existing park 15 and further density reduction of two more units to be 16 removed in the existing park and in the past photograph of 17 that update . It ' s my recommendation that since those 18 changes don ' t significantly alter the scope or scale of 19 this project that the Planning Board consider recommending 20 to the Town Board that that earlier negative declaration 21 that the Town Board gave to the project be reaffirmed . 22 MR . KENERSON : This really is responding to the 23 concerns previously saying they ' ve been described . We have 24 to say whether to meet those objections . Earlier there Town of: Ithaca Planning Board 50 1 were some conditions and I assume - - 2 CIIAIRNIAN MAY : In all those conditions , those 3 conditions still exist . They ' re basically all there . 4 MS . BEENERS : Some of the conditions which were 5 part of: the conditional negative declaration that was given 6 to the project by the Town Board have , in my opinion , been 7 met . 8 CHAIRMAN MAYO Specifically , the Health 9 Department approval . 10 MS . BEENERS : The Health Department approval , 11 landscape plan , and partially the progress as far as 12 getting an as - built site plan . 13 MR . MAllA : One other question , who did the 14 water gest out there ? 15 MR . ALBERN : The water test was done by Howell 16 Well Drilling . 17 MF . MAllA : Do you have a copy of his test ? 18 MR . ALBERN : Yes , I do . 19 MR . MAllA : Do you think we should have that as 20 part of: the record ? 21 MS . BEENERS : I think we have that . I do not 22 have the one from January . 23 CHAIRMAN MAYO I think one of the things that ' s 24 being overlooked here and one of the concerns that I have a- Town of Ithaca Planning Board 51 1 listening to all the comments is that the Town , 2 specifically the Planning Board , as we looked at the R - 5 3 zone , really required substantial improvements in the 4 existing trailer park and Mr . Jacobs has agreed to make 5 what would seem to me to be a lot of improvements here in 6 order to gain the right to enlarge the park . 7 MR . KENERSON : . Is this before or after ? 8 CHAIRMAN MAY : It ' s basically when he receives 9 approval to expand and that seems to be totally overlooked 10 by everyone . I think the discussion of fire safety , fire 11 safety is improved considerably . And you might talk about 12 improvements of the road there where the existing situation 13 is to what is proposed . 14 MR . ALBERN : Let me talk about fire safety . 1 .5 This project has a very unusual fire safety feature . At 16 the request of your previous Town Engineer , we have 17 connected a six inch line to two storage tanks and made 18 that six inch line available for fire service . 19 Normal fire service is not provided unless you 20 have municipal water and it ' s very unusual to have a six 21 inch line taken from the storage tanks and make it 22 available for the fire deparment . 23 As you can see , the testing was done by Howell . 24 They were both done in early May , which is not a wet time Town of Ithaca Planning Board 52 1 in the year . They ' re the only copies I have . I am happy 2 to put them in as part of the record . ( Exhibits 1 and 2 ) 3 There are two , six gallon storage tanks by the 4 way , We put two tanks at the suggestion , not a 5 requirement , but suggestion of the Health Department . We 6 can clean one while the other one is in service . We were 7 going Ito put one 11000 gallon tank in . 8 CHAIRMAN MAY : So there is also 12 , 000 gallons 9 of water always in storage ? 10 MR . ALBERN ': No , sir . If there ' s been a draw in 11 the morning , it can be down . Upto 12 , 000 gallons are 12 available . Hopefully there will only be four or five in 13 there . With the capacity of those wells , you will be quite 14 high . 15 MR . KLEIN : How long does it take to go through 16 6 , 000 - gallons ? 17 MR . ALBERN : You can easily go through 650 18 gallons through a 6 inch line in 10 minutes . That ' s a lot 19 more than a fire truck . There ' s more water available here 20 for these units than the average home has available to it . 21 CHAIRMAN MAY That would be three tankers . 22 MR . ' KLEIN : You ' re not on municipal water , 23 you ' re out in the country and the fire department has to 24 come , they don ' t have that much to fight the fire with . Town of Ithaca Planning Board 53 1 CHAIRMAN MAY : Other questions or comments ? If 2 not , somebody care to entertain a motion ? Anyone care to 3 make a motion or other comments or discussion before we - - 4 well , :I am going to move the draft resolution then . 5 MS . GRIGOROV : I think . it should be read then 6 probably , it ' s awfully long . 7 ( Draft resolution read ) 8 CHAIRMAN MAY * Is there a second ? Do you have 9 any changes ? 10 MR . BARNEY : No . 11 CHAIRMAN MAY : Is there a second ? 12 MR . MAllA : I ' ll second it . 13 CHAIRMAN MAY : We have a second . All those in 14 favor say aye . 15 ( Five say aye ) 16 CHAIRMAN MAY : Opposed or abstention ? 17 MS . LANGHANS : Opposed . 18 CHAIRMAN MAY : So moved . Thank you . 19 WHEREAS : 20 1 . This project is a proposal for the rezoning of 21 18 + / - acres of the lands of Paul A . Jacobs , such lands 22 consisting of all of Town of Ithaca Tax Parcel 23 No . 6 - 3 :3 - 2 - 2 containing 2 . 9 acres and being the site of the 24 College View Park mobile home park , and a 15 . 1 + / - acre Town WE Ithaca Planning Board 54 1 portion of Tax Parcel No . 6 - 33 - 2 - 1 , such lands located at 2 136 - 146 Seven Mile Drive , from Residence District R - 30 to 3 Residence District R - 5 . ( Mobile Home Park District ) and for 4 expan-slon within this acreage of the existing mobile home 5 park from 24 to a maximum of 52 units within three years , 6 such 52 units to include 5 doublewide units . 7 2 . '.rhis . project is a Type 1 action for which the Town 8 Board has been legislatively determined to act as Lead 9 Agency , and for which the Town Board on October 20. , 1986 , 10 made a negative determination of environmental 11 significance , contingent upon the .adoption and 12 implementation of certain mitigating measures as set forth 13 in drawings and documentation as set forth at that time for 14 this project , in conditions for final site plan approval , 15 and in conditions for project implementation and operation . 16 3 . The Planning Board has reviewed this project at 17 Public Hearings on -April 1 , May 6 , May 20 , June 17 , 1986 , 18 ( as adjourned from June 3 , 1986 ) , . July 8 , 1986 , and 19 December 2 , 1986 . 20 4 . The Planning Board on December 2 , 1986 , has reviewed 21 the following material : 22 - A revised site plan and detail sheet entitled 23 " Addition to Collegeview Mobile Home Park - Paul Jacobs - 24 Drawings ' l and 2 " by (William F . Albern , P . E . , dated . I • Town of Ithaca Planning Board 55 i 1 November 20 , 1986 ; ± 2 - A SEAR Long Environmental Assessment form 3 describing the proposal , dated May 24 , 1986 , and resvised 4 through December 2 , 1986 ; 5 - Letters from the Tompkins County Health Department 6 dated :November 20 , 1986 , describing that Department ' s 7 approval of the aforementioned plans , with certain 8 conditions placed on such approval , those conditions 9 ' regarding final construction . and operation of the proposed 10 water supply and sewage disposal systems . ( Exhibits 3 11 through 6 ) 12 THEREFORE , IT IS RESOLVED : 13 1 . That the Planning Board find and hereby does find 14 that the revisions proposed for the project as submitted 15 and reviewed on December 2 , 1986 , do not significiantly 16 alter the scope orr scale or the project as it was 17previously submitted . 18 2 . That the Planning Board recommend and hereby does 19 recommend to the Town Board that the Town Board reaffirm 20 the negative determination of environmental significance , 21 contingent upon the adoption and implementation of certain 22 mitigating measures as set forth in drawings and 23 documentation as set forth for this project , in conditions 24 for final site plan approval , and in conditions for project 56 Town of Ithaca Planning Board 1 implementation and operation , that was made by the Town 2 Board on October 20 , 1986 . 3 3 . That the Planning Board find and hereby does find 4 that : 5 a . There is a need for the proposed use in the 6 proposed location . At present , there is one mobile home 7 park in the Town , such park being a legal nonconforming 8 use , and being located on the Jacobs lands within the area 9 for which rezoning is requested . Expansion of the park 10 would assist in filling a need for affordable family 11 housing ; 12 b . The existing and probable future character of the 13 neighborhood in which the use is to be located will not be 14 adversely affected . Mobile home parks in low - density , 15 primarily agricultural areas are a typical housing form in 16 the Cayuga Inlet Valley from the flats of the City of 17 Ithaca southward to Newfield . The property is in an , R - 30 18 Residential Zone where large amounts of land are currently 19 agricultural , and can be expected to remain so , and where 20 land is not expected to be intensively developed with 21 conventional . R9 or R15 housing sites due to the lack of 22 demand for and the currently foreseeable unfeasibility of 23 developing public utilities in . this area ; 24 c . The location .of the site and the design of the Town of Ithaca Planning Board 57 1 project are suitable for the proposed use . Located in the 2 southern portion of the Cayuga Inlet Valley , the site of 3 the proposed mobile home park zone is sufficiently 4 concealed from existing and potential residential and 5 recreational view areas on the hills of the Town . Site 6 topography , existing evergreens and other wooded areas 7 located in the perimeter buffer 'of the proposed zone , and 8 proposed landscaping , as to be amended per the conditions 9 of final site plan approval , will assist in screening the 10 proposed use from adjacent areas . The Tompkins County 11 Health Department has approved the aforementioned plans for 12 the project with certain conditions placed on such 13 approval , those conditions regarding final construction and 14 operation of the proposed water supply and sewage disposal 15 systems . 16 d . The proposed change is in accordance with a 17 comprehensive plan of development of the Town . Amendment 18 of the Zoning Ordinance to establish a Mobile Home Park 19 District has been enacted after . careful consideration by 20 the Town since 1972 in order to provide a means for sound 21 development of this form of affordable housing . 22 FURTHER , IT IS RESOLVED : 23 That the Town of Ithaca Planning Board approve and 24 hereby does approve the aforementioned site plan entitled Town of Ithaca Planning Board 58 1 " Addition to Collegeview Mobile Home Park - Paul Jacobs - 2 Drawings 1 and 2 " by William F . Albern , P . E . , dated 3 November 20 , 1986 , with the recommendation that certain 4 additional requirements as set forth below be included in 5 any local law authorizing rezoning . 6 FURTHER , IT IS RESOLVED : 7 That the Planning Board recommend and hereby does 8 recommend to the Town Board the following : 9 1. 0 That the Town of Ithaca Zoning Map , dated July 10 1 , 1954 , and as amended to date , be hereby further amended 11 by rezoning the subject lands from Residence District R - 30 12 to Residence District R - 5 ( Mobile Home Park District ) . 13 2 . That the area so recommended ' to be rezoned be 14 subject. , in addition to the conditions set forth in 15 Article II - A of the Town of Ithaca Zoning Ordinance , to the 16 following additional conditions : 17 a. . That a buffer zone 30 feet in depth from the 18 right of way of Seven Mile Drive be established within one 19 year of any rezoning . 20 b . That the density of the existing park be reduced 21 from 24 to 22 mobile homes within 1 year , and to 20 mobile 22 homes within 3 years , of the effective date of any local 23 law establishing such rezoning . 24 c . That the total number of mobile homes within the i Town of Ithaca Planning Board 59 1 area proposed to be rezoned ( including the existing park 2 and the planned expansion of same ) shall not exceed 52 . 3 d . That the existing park driveway be resurfaced 4 prior to completion of Phase I of park expansion or within 5 two years of the effective date of any local law 6 establishing such rezoning , whichever is earlier . 7 E? . That proper erosion control measures be 8 practiced during project development . 9 f: . That the owner of the area proposed to be 10 rezoned enter into an agreement in form and substance S11 satisfactory to the Town of Ithaca Planning Board and the 12 Town Attorney submitting the entire mobile home park 13 ( including the existing mobile home park ) to the conditions 14 imposed by the Town Board or contained in any local law 15 establishing such rezoning , and to the requirements of 16 Article II - A of the Town of Ithaca Zoning Ordinance or any 17 successor statute , with the following modifications 18 applicable to the existing non - conforming park as the 19 Planning Board has recommended in their approval of the 20 aforementioned . site plan , and that such agreement be in 21 such a form as to permit its recording in the Tompkins 22 County Clerk ' s Office and shall be recorded in such office 23 at the owner ' s expense within ten days of the filing of any 24 local law establishing the proposed rezoning : Town of Ithaca Planning Board 60 1 1 . That the lot sizes in the existing park 2 may remain as is even if they are less than the 3size otherwise required by . Article II - A , provided 4 that the reconfiguration of the lots in the existing 5 park , as shown . on the aforementioned site plan , is 6 accomplished . 7 2 . That the requirement for existing homes 8 to be provided with anchors , as required under 9 Section 3E , Paragraph 1 , of said article be modified 10 on the condition that new or replacement homes will �] 11 be provided with anchors . 12 3 . That the parking requirements in Paragraph 3 13 of Section 3E of said article be waived . 14 4 . That the buffer yard requirement in 15 Paragraph 4 of Section 3E of said article be 16 waived for the area along the southern boundary 17 of. the existing park . 18 5 . That the requirement for storage space for 19 existing homes be waived on the condition that storage 20 spaces will be provided for any new or replacement homes in 21 the existing park . 22 g . That all refuse and debris , including especially 23 any inorganic items ( pipes , sheet metal , cans , etc . ) be 24 removed from the existing park and the planned expansion of Town of Ithaca Planning Board 61 1 the park , or stored only in closed garbage containers 2 located as approved by the Planning Board , before any 3 building permits are issued for the new park . 4 h . That the mobile home park ( both existing and the 5 planned expansion of same ) be kept free of refuse and 6 debris .. 7 i . That if the operator of the mobile home park 8 fails t. o comply with the requirements set forth in this 9 local law , without limiting other remedies available to the 10 Town of Ithaca , the Town may withhold an annual operating 11 permit as well as any future building permits until the 12 premises and the owner are in full compliance with the 13 conditions set forth in this local law and the requirements 14 of the Town of Ithaca Zoning Ordinance . 15 CHAIRMAN MAY : Let the record reflect that I am 16 abstaining in this matter and Carolyn will take over . 17 MS . GRIGOROV : It ' s five after nine . We ' ll open 18 the Public Hearing for Consideration of Site Plan Approval. 19 for a proposed 30 - unit multiple residence project to be 20 located on 1 . 75 acres in a. Multiple Residence District at 21 1009 - 11 Danby Road , Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 1 . 22 Jack M . Herman et al , Owners , Gus E . Lambrou , Applicant $ 23 Jagat P ., Sharma , Architect / Agent . is 24 Are you ready to present your plan , Mr . Sharma ? r� Town of: Ithaca Planning Board 62 1 MR . SHARMA ** My name is J agat Sharma . I am an 2 architect with an office on Seneca Street . I am here on 3 behalf of my client , Mr . Lambrou . His property is at 1009 4 Danby Road . He has the idea of developing an apartment 5 complex: . For those of you who are not familiar with me , I 6 have been in the area for 20 years . I have been an 7 architect for 25 years . I am a graduate from Cornell 8 University and I have been designing and have been planning 9 as an architect , having done many buildings in and around 10 Ithaca . 11 Some of them have been housing projects in the 12 college area . My client , Mr . Lambrou , has been a resident 13 for over 30 years . He has previously been the owner of 14 * Stone Travel Agency . He is presently the owner of Beam 15 Travel and he also owns much real estate in the Town , in 16 the City , in the College Town area . 17 I have known Gus for several years . He is a 18 very responsible landlord . He takes care of his property 19 with very close supervision on the maintenance and the 20 control for the behavior of the tenant . Mr . Lambrou is 21 always. concerned about what he builds and what he owns . In 22 fact , when I met him several years ago , he approached me 23 about . doing a job for him at College Town and it was a 24 property that was making good money for him , but it was Town of Ithaca Planning Board 63 1 probably the worst property in the area . 2 The first thing he said to me is Mr . Architect , 3 design me something that I can have the honor to own and I 4 mentioned that he ' ll be losing money for a number of years . 5 I would like to build something that he can be really proud 6 of . 7 Tonight also we have a project which carries the 8 same design and ownership . We have before this Board a 9 site plan of a projected 30 - unit complex on 1009 - 11 Danby 10 Road . We are also requesting a recommendation that the . 11 Zoning Board of Appeals grant certain variances . I will go 12 in detail in a minute . 13 After tonight ' s meeting , and following the ZBA 14 meeting of December 10th we will be back before this Board 15 on December 16th for a final site plan approval . 16 MS . GRIGOROV : We ' re not meeting December 16th . 17 It will be on January 6th probably . 1 .8 MR . SHARMA : That ' s news to me . There is an 19 economic side to any development and Mr . Lambrou will have 20 to address that when he gets . a chance . But when we come 21 back to the floor , the final site plan approval will bring 22 with us more engineering drawings . We have engaged a civil 23 engineer to study the soil and a general engineer . 24 It is located in an area that is zoned for Town of Ithaca Planning Board 64 1 multiple dwellings and around the ' site we have 2 single - family homes , multiple dwellings , some commercial 3 activity on both sides . I have also been given a 1964 study 4 for the area for a much larger area with the intent of 5 having multiple dwellings and a mixed used development . 6 Before we did any work on the site , we ordered a 7 complete topography,. I also checked with the Tompkins 8 County Health Department there . We also did tests . We 9 went out and dug three holes . 10 The studies we did are based on these findings : 11 Our criteria of developing this site plan that is to be 12 responsive to the neighborhood and some of the comments 13 other people may have . We are trying to avoid a large 14 building right on the road side . The placement of the 15 building that we finally have accomplished , we only have 16 one building in the front . First we have 50 feet front 17 here that is . required in the ordinance . Then the first 18 building is placed , which in our opinion will maintain and 19 continue the building open space pattern along the side of 20 Danby Road . 21 We have a total of 30 dwelling units , which give 22 a density of about 17 units per acre . The way we have 23 accomplished it , we have a two - and - a - half story building , 24 half into and half out of the ground . There ' s walking Town of Ithaca Planning Board 65 1 around each building unit . 2 We have tried to place the parking lot so you 3 can go in and out of the building with easy access to the 4 dwelling unit and there will be other site developments 5 like landscaping and concrete walks . And if you see this 6 site plan and the section along this drawing and some of 7 the photographs of the neighborhood , you will agree that 8 our building is in scale as proposed on the site plan . It 9 is totally compatible with what exists and what has been 10 proposed . 11 In a mixture development like this , a large 12 development . like this , what constitutes a front yard , I 13 believe that ' s in the ordinance . We build the first 14 building with 50 feet to be the front yard . We are not 15 providing any parking or any building on that first 50 16 feet . A question came up that this area in the front yard 17 or this building can be seen that way and that is a front 18 yard fo .c that building . We don ' t seem to agree with it . We 19 think the first 50 feet is intended 0. s the front yard and 20 that is part of the ordinance . 21 The other question that comes up is the side 22 yard requirements . The side yards are supposed to be one 23 times . the height of the building , but what is the height of 24 the building ? In many different areas , a building which is Town of Ithaca Planning Board 66 1 sloping and a pitched roof , the height of the building can 2 be taken from the average grade of the building to the even 3 height of the peak . That does -not seem to be the criteria 4 with the Town . We ended up with a . height of 29 feet . That 5 means we need 29 feet side yard and 58 feet rear yard . 6 Instead of that , we have a 27 feet side yard and we are 7 providing 40 feet rear yard . We think that with the 8 density with the placement of the building that we have , we 9 have plenty of open space and for providing 18 extra feet 10 in the area with no development on the other side . 11 1 We ' d like to talk a little bit about greenery . 12 Further on the density question , the buildings are planned 13 as garden apartments . There are many examples in the Town 14 of Ithaca for garden apartments . ' The definition of a 15 • garden apartment is a 25 percent lot coverage . That 16 qualifies a garden apartment here through the density . The 17 25 percent , or 35 percent by definition will qualify the 18 building to be a garden apartment . Here we have a density 19 of a lot is 14 . 53 . It ' s almost less than half . 20 Beyond this property , we will qualify a general 21 scheme of landscaping . Now , let me talk about the 22 buildings themselves . Each building - - each two - and - a - half 23 stories high , three laterals . We have a combination of 01 24 two , two bedrooms ; and two , four bedroom units . The units Town of Ithaca Planning Board 67 1 are designed in a manner that - - give me a minute . 2 Basically , what I want to address is to the quality in the 3 design that we have put in , we could have taken a normal 26 4 feet wide by 40 feet box , put a roof on and subdivided it 5 internally into some bathrooms , kitchen , living room and 6 bedrooms . Instead , we have tried to break the scale down 7 again to a scale in the neighborhood of single - family homes 8 and buildings of that sort . 9 In the plan also , not knowing what the market 10 will be , we hope it will be students. We hope it will be 11 young professionals . We • hope it will be young couples 12 starting out . We have designed the plans for two - bedroom 13 units , and three - bedroom units , four - bedroom units . 14 We have some features you will not find in the 15 student housing , like a kitchen , and a large living room 16 and dining room and one bathroom and a bath and a half . 17 So , our intention here is not to save on costs . 18 of construction , but to provide a quality housing within 19 the context of the neighborhood . 20 We are sensitive to what some of the complaints 21 people have and we are trying to respond to them . 22 I ignored another thing we are requesting . 23 Somewhere in the zoning ordinance , they say we can only be 40 24 a two - story high building across the road . If you look at Town of Ithaca Planning Board 68 1 some of the buildings on this side and one further up , they 2 are at a driveway almost - three - stories high . In our case , 3 it will be two and a half . People here will not see any 4 different view on this side of the building than they are 5 looking at the other side . That will be the profile of the 6 building . Again , it will end a finished project . 7 Material wise , we will use some masonry on the 8 lower floor in order to eliminate some of the maintenance 9 costs and the rest of it will be cedar siding and they will 10 asphalt or fiberglass the roof . 11 Again , our building , in terms of familiarity of 12 materials , color and scale , I think we have a good site 13 plan . We have worked hard on it . We have done a lot of 14 work for preliminary site plan approval and we ' ll continue 15 to keep doing it . 16 MS . GRIGOROV : Can we see the pictures ? 17 MR . SHARMA : Just one more thing . We have a 18 drawing here . We took some plans and drew it up , it shows 19 the scale of the building other than the photographs . 20 This is the building on the north side . This is 21 the building on the south side . This is what is proposed 22 by us . So , the thing I am trying to emphasize , is that we 23 are sensitive to what we are proposing in the neighborhood . 24 MS . GRIGOROV : Thank you . Mr . Lambrou , do you 1 Town of Ithaca Planning Board 69 1 have anything you want to say ? 2 MR . LAMBROU : My name is Gus Lambrou . I ' d like 3 to address to you something . I have lived here as 4 Mr . Sharma said 30 years . I have worked a lot of business 5 and built a lot of new houses . In College Town , there was 6 nothing nowhere , I build what was there on Eddy Street . 7 Now I aim here to you to build another private business with 8 the responsibility of my money to the South Hill that I am 9 planning to do . 10 As far as law , I break no law , we bend no law . 11 We ' re totally to the law . I also might say to you , I run 12 my operation very strict . Anybody who wants to see them - - 13 I have leases on my own properties about noise , about 14 everything . I am doing exactly what I have to do . 15 MS . GRIGOROV : This is a Public Hearing . We 16 could start having any comments from the public . 17 Could you give your name , please ? 18 MR . COBB : Ed Cobb , 1005 Danby Road . From the 19 plans of the house ,_ can you tell me how high the 20 neighboring houses are on that - - 21 MR . SHARMA : That will be the finished grade and 22 we have five feet to the next floor and then nine feet to 23 the following floor with 14 feet . 24 MR . COBB : That ' s not what I am asking about , Town of Ithaca Planning Board 70 1 the two neighboring houses on Danby Road on your diagram 2 below , what are the heights of those houses ? 3 MR . SHARMA : We did not scale them or we have 4 pictures to prove everything that it has minimal ceiling 5 height internally . 6 MR . COBB : On your diagram , it says scale . 7 MR . SHARMA : It ' s between 28 and 32 feet 8 roughly . 9 MR . COBB : Which house now , please ? 10 MR . SHARMA : Any house . 0] 11 MR . COBB : It ' s including the roof top ? 12 MS . GRIGOROV : Do you know the height ? 13 MR . COBB : Yes , I do know the height . This 14 diagram is misleading . The height of that house is 24 feet 15 from the top of the peak to the ground level . It ' s no 16 higher any where around the house . 17 The distance of the width of the house , the 18 front on that diagram is out of scale by a very large 19 amount . I am talking this is 80 feet . Look at your scale . 20 It is four inches . If you take a rule and measure it , this 21 house is actually only 53 feet wide in view . If the house 22 if 53 wide , than the height of the house is actually only 23 24 . When you put that up against this diagram , you will 24 see that 29 is quite a bit different than 24 . Town of Ithaca Planning Board 71 1 MR . SHARMA : Our building is 29 feet high to the 2 highest peak . I made those measurements compatible to what 3 you have . We are not duplicating what is there . We are 4 trying to fit into the neighborhood . 5 MS . WESSEL : I did that . I take responsibility . 6 We could not get a plot size of the building . So , I went 7 out and just looked at them without getting nosey at 8 people ' s yards . And standing there and I took photos and 9 tried to measure it from the photos by what you can 10 calculate . So , it ' s not going to be exact . It ' s just to 11 get a rough idea . ( Exhibit 7 ) 12 MR . NIKLAS : My name is Karl Niklas . The Board 13 qrecognize might I sent all of you a letter in anticipation 14 of this meeting . ( Exhibit 8 ) I point out we ' re talking 15 about a five feet distance from the height to the peak to 16 grade that 17 Mr . Sha .rma ' s design presumes to be this house that he ' s 18 talking about , which is measured at 24 feet . We ' re talking 19 about a variance that requests an elevation 20 percent 20 higher than the house I live in . I also want to point out 21 some of the figures you ' ve heard , I have reason to believe 22 are suspect . 23 One of the figures that Mr . Sharma gave you by 24 definition , a garden apartment , defined as having 35 Town of Ithaca Planning Board 72 1 percent_ lot coverage . I ' m not sure what lot coverage is , 2 but Susan Beeners gave us a map of this . And I have a 3 computer frame that ' s capable of digitizing the areas of 4 the parking lots , the houses and the sidewalks in this 5 access road and to carry that area with the area of the 6 entire lot and I can verify that if you , including parking 7 lots , r. oads , access road and the houses , the entire land , 8 48 percent of the surface of that lot will be covered by 9 construction , no grounds , no plants by a foundation of the 10 houses by his own admission . That ' s not a garden . 11 I ' ll point out there are some other things that 12 he raised . I will just make a few comments and you can 13 address them as you will . He said one of the things he 14 wants to do is maintain the appearance of the neighborhood 15 and that is that we would have building , open space , 16 building . And he pointed out well , this is the house , the 17 parking lot . I find that ludicrous . In fact , he says that 18 this is 50 feet from the front of the property . 19 Our house , which would be the next building is 20 75 feet off the front . And that aligns it with this 21 structure . I don ' t see this as being an open space . I 22 don ' t see that as being compatible with the neighborhood at 23 all . I wouldn ' t even begin to mention the fact that in the 01 24 proposal that was given to me and imagine it was in front Town oi: Ithaca Planning Board 73 1 of you that we ' re talking about , feasibility of having a 2 135 to 150 occupants . This is the highest density of 3 individuals per square foot along the entire length of 4 Danby Road up to Sam Peter ' s . I think we have some 5 neighbors who will prepare documents in front of you to see 6 that . 7 There are some other things perhaps we ' could 8 address . That is , we were told how generous these 9 apartments would be , that we have four bedrooms here and 10 that for these bedrooms we have two full baths and it was 11 indicated that it would be attractive to the middle income 12 family . 13 I strongly suggest to you that ' s very attractive 14 as a dormitory . 15 MS . GRIGOROV : Did you want to respond ? 16 MR . SHARMA : Some concerns no matter what I say , 17 people will have on the technical part . This is a 18 definition by New York State what contains a garden 19 apartment . 20 MS . GRIGOROV : Do they count the apartment 21 house ? 22 MR . SHARMA : No , they are only concerned about 23 the building . Some areas may require higher parking . Some 24 may require lower parking and an area of parking lot Town of: Ithaca Planning Board 74 1 relates to what it requires . 2 The proposal solely complies with the zoning 3 ordinance . We have the density of the zoning ordinance . 4 We have set back lines and we have tried to disperse them 5 in a way that they will be green in and out of the 6 building . We could have done a ' building in a straight line 7 with a big parking . lot . We didn ' t want to do it . 8 Mr . Lannbrou didn ' t want to do it . Our very first study 9 said that was the cheapest way out . I want to have 10 someth9Lng that is quality housing . It ' s going to cost him 11 more money . It ' s going to cost him more and we are 12 prepared to spend the money . 13 MS . GRIGOROV : Any more comments ? The ladies in 14 the back ? 15 MS . TROCHIM : Mary K . Trochim . I own the house 16 on 10151 Danby Road . I ' d just like to say that we are 17 neighbors who would like very much to have the Board ' s 18 indulgence as we discuss these things . We are not used to 19 presenting our concern in such a public manner as to many 20 people who are used to doing these things over and over 21 again . 22 Mr . Sharma mentioned that he had done a 23 topographical survey of the soil and water drainage . I am 24 assuming I am quoting you accurately , you said that we all Town of Ithaca Planning Board 75 1 know problems could exist. . You didn ' t fill us in on any 2 problems . I can tell you what those problems are and what 3 extensive new construction can do with drainage around it . 4 MR . SHARMA : I live in the Town also . I have 5 some problems that you have been having . If you look at 6 the land , let me take this drawing down . First , we do have 7 a storm system available across Route 96B and we also have 8 pictures here showing that . It is of good size . In fact , 9 it ' s taken in front of it and you can see how the swale is 10 coming along on this property , and along on every other 11 property . 12 You may not be aware that the drainage is not an 13 issue at the buildings , but in back of the buildings . But 14 we are not in back of any building to start with . 15 MS . TROCHIM : But you ' don ' t understand the land 16 slants down towards the other building and all that water 17 is going to end up in someone else ' s backyard . 18 MR . SHARMA : Our engineer has looked at it and 19 admitted the problem is that and we ' ll direct enough water 20 up to twhis point and then channel it on both sides in an 21 open surfaced drainage swale or ditch and getting it to the 22 Danby Road system . 23 MR . NIKLAS : May I ask how deep the ditch is ? 24 Will it be lined with something ? Town of Ithaca Planning Board 76 1 MR . SHARMA : We have made a very rough estimate . 2 It will. be about three to four feet wide , two feet deep . 3 When we come back for final site plan approval , we will 4 have a detailed design and address the specification for 5 the drainage system . 6 MS . GRIGOROV : You ' re planning on one instead of 7 trees or - - 8 MR . SHARMA : One on both sides of the property . 9 And it will drain these areas either through underground 10 piping or by grating the parking lot . It ' s going to take 11 some work and we are doing - - 12 MS . GRIGOROV : Did you want to speak again to 13 that ? 14 M'S . TROCHIM : I did want to ask Mr . Sharma what 15 he meant when he indicated the neighborhood , which is being 16 considered for this development was partially commercial in 17 nature . This strip , say half - mile strip on Danby Road is 18 very neighborly . There is no commerce . There at the 19 corner of King Road , is commercial , but where we ' re living 20 is not a commercial area . 21 MS . GRIGOROV : You ' re referring to King Road on 22 the corner , right ? 23 MR . SHARMA : Yes . I agree to that comment . 24 MS . GRIGOROV : Did someone else want to speak ? Town of Ithaca Planning Board 77 1 MS . CONNELLY : 1013 Danby Road . I live in the 2 house on the other side , which looks to me a little bit 3 bigger than that. I have something to show you . It does 4 say 135 or 140 . I don ' t think that ' s wrong . These are 5 maps of the area and the little red stamps say how many 6 people live in those . 7 MS . WESSEL : I also live in this house ( 1013 ) . 8 This i :: our house . That is Niklas ' house next door 9 ( indicating ) . This is our neighborhood . 10 MS . TROCHIM : Can I address one thing . He 11 measured this as the house he said was 30 feet . He 12 measured - - this is the Cape house . This is the front 13 yard . There is a driveway cut in so you can drive into the 14 basement . Nobody drives into your basement . The house is 15 22 feet. from the peak here tallest point to the ground , 20 16 feet . And this is the end of the house to the neighborhood 17 and not the Niklas ' house . 18 I ' d like to point out one thing that should be a 19 larger issue . If you ' d like to look at a plot of land , the 20 Herman land , you see all behind it , that is also land owned 21 by Mr . Herman in the Town of 29 acres, which also comes out 22 on Danby Road . Where it comes out on Danby Road is large 23 enough to be an access . One of the questions we want to 24 ask and one of the questions we would like to ask , just Town of Ithaca Planning Board 78 1 starting right off the bat , why did they choose to develop 2 these two acres between single - family homes when it ' s 3 really clear there is a hardship with the kind of density 4 in the neighborhood . This density is way out of line with 5 the density in the neighborhood . 6 We checked some of the apartment buildings . The 7 Hayloft has 21 people , a barn and two houses , 21 people . 8 And we ' re talking about 5 buildings with anywhere from 90 9 to 150 . Let me also say about the number of people per 10 apartment It might be very well regulated , I hope so . If 11 the college - - a lot of it will be dorms with a lot more 12 people living in them . The . students there will double up 13 to save money . It ' s quite common . I would also like to 14 say 150 people , they ' re close apartment buildings with six 15 apartments this close to Ithaca College it ' s going to be 16 predominantly much like a dormitory than any other study 17 housing . On the record , there are a lot of students who 18 live on this road . For the most part , it ' s a pretty good 19 relationship . They don ' t outnumber the people that live 20 there .all the time and not just nine months of the year . 21 If you put 150 even 90 people , if you calculate the number 22 of people from Ithaca College and it houses 71 people , if 23 it ' s even 90 , they already outnumber . I think that ' s a �] 24 dorm situation . Town of Ithaca Planning Board 79 1. One more comment: I ' d like to . make about a lot of 2 student housing , in the last year or so , there ' s 3 development of new problems I am aware of . The drinking 4 law is 21 . When students have parties , they go off campus 5 because if they have a party on campus , they have to have 6 permits , they have to card every single person . I hear 7 this in the halls at Cornell . They will just say come on 8 over to our house and we won ' t have to mess with that . I 9 think there ' s an added problem that I think the City and 10 the Town of Ithaca will see more of . 11 One last thing about population and then I ' ll 12 let you go at it . We asked people when we got the 13 pictures , we asked them , well , we asked how many years they 14 have lived in their homes . At least nine families , we are 15 sure of , lived in their homes for 20 or 40 years . Some of 16 them are here . The average acre per home is one acre per 17 home . 18 For the new condominium , which is going in let ' s 19 see where they are right here , pretty much across the 20 street from Berman , 7 . 2 acres . That will be , as I 21 understood it , eight units , four duplexes per unit . The 22 average acreage there is . 25 or a quarter of an acre per 23 unit average acre or lands . The proposal is . 035 or . 6 . 24 It ' s a quarter off of the condominium . Town of Ithaca Planning Board 80 1 If we want to regulate the neighborhood we want 2 to cut down on the number so it really fits in the 3 neighborhood , go down to two stories . Nothing is ever two 4 stories) . There is really three stories worth of people 5 we ' re talking about . We feel that if this is allowed to go 6 in as :it is with the density , there wouldn ' t be anything to 7 stop what ' s behind on it . There are not houses to compare . 8 MS . CONNELLY * I just want to reiterate just in 9 terms . Although I imagine people are thinking if you live 10 on Danby Road you couldn ' t possibly live in a neighborhood . 11 We know each other . I think we have a more substantial 12 neighborhood than I have ever been in . Many. neighbors are 13 people that have lived there several years , 20 years , 30 14 years , 40 years . We ' re really quite the new people on the 15 block . 16 The thing with the zoning is that our 17 neighborhood , the houses below us from Mr . Niklas ' going 18 down toward the school is designated as R - 9 . Shown on our 19 map , there is a block of lands including this land out here 20 and the single - family homes of us that protects . Trochim ' s 21 and Layton have been caught into a multiple family . This , 22 however , is not how it was . 23 Prior to 1964 , our house , which predates , they I 024 were built in the 30 ' s , the 401s , 50 ' s , we were also R - 9 Town of: Ithaca Planning Board 81 1 residential in 1964 . I believe you also served in the mail 2 a kind of description that there was a plan afoot at that 3 point by the owner ? Herman and Gilbert and Germano\4f there 4 who live in Rochester , to build a motor lodge and various 5 types of apartment situations . That plan was either 6 withdrawn or nullified . 7 However , we have not been able to discern how it 8 happened , but there is now a multiple family listing in the 9 zoning as opposed to single family . 10 What I would like to ask is how one does this 11 legally . I would like to challenge the zoning of that 12 particular area , seemingly the road frontage because every 13 single house is now lumped into a multiple family , our 14 house , Ms . Trochim ' s house , the Pech ' s and Mr . Layton ' s 15 house were built before this . It has always been single 16 family . It doesn ' t seem to me there would be any reason , 17 any reason I can think of , there should be multiple - family 18 zoning here . One could understand behind it , but there is 19 almost 30 acres of land and it is not abutting at this 20 point on single - family dwellings . We would like to 21 challenge saying the road frontage is to go back to the 22 original R9 zoning and not allow units of this sort , which 23 are not like any of the units in this area . Look at the 24 pictures , look at the ground . They take 50 percent of 1 . 75 Town of: Ithaca Planning Board 82 1 acres . 2 MS . GRIGOROV : It would have to be rezoned . It 3 was zoned multiple because of that project . It is still . 4 zoned multiple . It remains that way unless it ' s rezoned . 5 MS . WESSEL : Zoning , one can challenge zoning if 6 it ' s not appropriate for the area ? 7 MS . GRIGOROV : You can challenge it . 8 MR . PAYNE : Douglass Payne , 1006 Danby Road . 9 We ' ve :lived there for 35 years . My house , incidentally , is 10 about 18 feet . I see it on pictures there , we have 327 11 feet o :E road frontage . But the issue I want to call to 12 your attention is the traffic that ' s going to be pulling 13 out of there . As it is , the highway , there is a slight 14 rise in the highway , a slight bend in the highway and you 15 cannot see over that bend and the road is marked with the 16 double line for no passing . It ' s where the highway goes 17 from three lanes to two lanes . And there have been four or 18 five fatalities right in that area since we ' ve lived there . 19 There have been many accidents and many cars forced off the 20 road . Several times a year you hear them screeching coming 21 up and down the road . If you ' re following a car , you 22 cannot see what ' s in the road ahead of you either coming up 23 or coming down in . 24 1 am concerned about turning into my driveway . Town of Ithaca Planning Board 83 1 If you count the number of cars , there is going to be a 2 number of people and we ' re going to have a real tragedy up 3 there . 4 It ' s a single - family type house , a large lot . 5 The zoning was changed 20 years ago for a project that was 6 nothing as concentrated as this . It was not developed . I 7 feel the zoning of this Board . is to protect the individuals 8 and their homes . ( Exhibit 9 ) 9 MR . NIKLAS : Karl Niklas from 1005 Danby Road . 10 I know I have already spoken and said too much . I look to 11 address two issues , which I think are relevant . One is the 12 drainage problem . I asked a question with regard to the 13 dimension of the anticipated surface drainage tunnel that 14 is being considered for being installed in this property . 15 I have some experience with drainage because as 16 you might recognize , I live on this lot , the north side , 17 which is sloping down hill . And in fact , that was one of 18 the issues I raised in my letter to you . On this map along 19 this property line , there is a meandering gully or stream 20 that I effectively had to dig and install because prior to 21 its existence , there was a marsh that was developed with 22 serious problems from runoff . Currently , there is a 23 depression which measures about three to four feet in width • 24 dimension . By the way , that was mentioned just now in Town of: Ithaca Planning Board 84 1 terms of anticipated diameter of the gully to be 2 constructed around the perimeters of this project and 3 averages about , I would say , about two and a half to three 4 feet in depth . 5 Every spring and every fall , the wall of this 6 overflows . We have to deal with that . I have installed 7 within the last three years on my property over 700 feet of 8 drainage tile and I can document that . I have the receipt 9 from the backhoe operator who had to dig holes . I have the 10 receipts from the gravel that I had to install on the . 11 outside of the drainage tunnel . 12 The soil has very poor porosity , very poor 13 drainage . I find much to my chagrin after 700 feet of 14 tile , the drainage capacity of the soil is such that the 15 tile is effective no more than two feet in either 16 direction . I can walk on my backyard and I am still 17 walking in swamp . It ' s a very severe problem . 18 I sent to you all a copy , the original I can 19 provide , from Dr . T . R . Forbes who ' s in the Cornell 20 University Agronomy Department . He ' s one of the world ' s 21 authorities on soil . He simply went out to look at the 22 soil and checked the soil maps , regional soil maps and has 23 decided in his considered opinion that this is an extremely 24 delicate soil . It ' s extremely eroding high capacity I Town of Ithaca Planning Board 85 1 erosion soil . I would like to suggest that .this is a 2 seriou :a environmental problem and the consequences have not 3 really been addressed . 4 Most importantly in this relation to the 5 environmental issue and document that was supplied to us , 6 there is . a, question asked , are there any rare endangered or 7 sensitive wildlife in the area . And the response was , we 8 don ' t know or not known . 9 I didn ' t give my credentials as Mr . Sharma did . 10 I have a Phd in Botany . I can identify plants . I went out 11 to the site and I can identify six rare , very rare or 12 endangered plants . I can supply you with the list . The 13 Flora of the Cayuga Basin , which is authorized by the 14 region and lists the following plants as very rare : Carex 15 hirta , it grows on this property . It lists as scarce . 16 Amelanchier intermedia , it flowers right about there 17 ( indicating ) . I ' ve seen it in the spring , rare . Lyonia 18 ligustrium , that grows in this parking lot or anticipated 19 parking lot . Prunis pumila susquehanae , rare . Carex 20 follicialta , rare . 21 These are listed as rare or endangered species . 22 What I would suggest , if we consider the drainage problem , 23 plus the fact there is fragile wildlife , I would strongly 24 suggest that we get an environmental impact statement . I Town of: Ithaca Planning Board 86 1 think that would be required for most people ' s judgment . I 2 would be curious to see what it says . 3 MS . GRIGOROV : Is there someone who hasn ' t 4 spoken yet ? 5 MS . BIXLER : Elizabeth Bixler . I represent 6 several of the citizens in the neighborhood who have 7 already spoken . I think they ' ve really addressed the two 8 issues that I want to emphasize and those are , number one , 9 that this applicant is asking this Board to recommend to 10 the Zoning Board of Appeals that variances in three !� 11 instances be granted . And yet , I don ' t see how this Board 12 can possibly recommend that a variance be given . It is 13 adjacent and contiguous with 29 other acres with the same 14 zoning . I can ' t understand how a Planning Board could 15 recommend that 130 or 150 people be squeezed into 1 . 75 16 acres when they ' re right next to 29 additional acres , which 17 are zoned the same way . 18 The second point I ' d like to make more expressly 19 than Dr . Niklas is that I believe this Board , as the Lead 20 Agency , should require an environmental impact statement 21 not only for reasons which he mentioned , which other people 22 have mentioned , but because the courts have recognized that 23 the environment is not just the water or the flowers , but 24 is also the density , is also the community . I think Town of Ithaca Planning Board 87 1 there ' s no question that the density in the land in the 2 community is going to be getting affected by this 3 particular project . 4 MS . GRIGOROV : Anyone else who wishes to speak ? 5 We ' re supposed to adjourn at 10 : 00 . It ' s two minutes after 6 10 : 00 . 7 MS . HARDING : Ruth Harding , 993 Danby Road . We 8 have the same concerns as our neighbors and I don ' t want to 9 go into it because I think they have said it all . 10 MS . GRIGOROV90 We have to decide whether we ' re 11 going to adjourn this Public Hearing or - - 12 MS . LANGHANS : I can see where we ' re going to go . 13 quite beyond - - 14 MR . KLEIN : We have a lot to discuss . 15 MR . MAllA : It depends on how much more new 16 information there . is . If there ' s new information , we ' re 17 not going to be able to hear it tonight . If there ' s not 18 any more new information , we can proceed to our 19 deliberation . 20 MR . BARNEY : Or you might consider leaving the 21 public issue aspect of it and adjourning your deliberation 22 to it . 23 MS . PETITO : 983 Danby Road . I agree with the 24 gentleman in the corner what he said . The traffic is Town of. Ithaca Planning Board 88 1 terrible on Danby Road . Not a day goes by that the police 2 don ' t go through or an ambulance . There is always an 3 accident right in the area that they are all talking about . 4 I thin: that I don ' t like to see that get any worse . 5 MS . FERRARA : We live at 979 Danby Road . We ' ve 6 lived there for 20 years . I must agree with all my 7 neighbors the traffic is going to be . much worse than what 8 it is now . All that I can see is there are going to be 9 students living in there . It ' s so close to the campus and 10 it ' s going to be one big party house , believe me . 11 MR . MAllA : If we could limit it to new 12 information . They are the same things we heard before . 13 We ' re taking all these things into consideration . Just 14 limit it to new information . 15 MR . COBB : I saw this package environmental 16 assessment form . I ' d like to address that briefly . In 17 spite of a few things , the applicant discusses . - - to be 18 completed and submitted by the . applicant , but is signed by 19 Mr . Sharma as his agent . I question the expertise in 20 filling out this form in answering some of the questions , 21 particularly , there is one question that deals with , " Do 22 any of the following vegetation exist on the site of the 23 proposed action " , question number 34 . He says no . There 24 are no tree species less than 30 feet tall . There are no Town of Ithaca Planning Board 89 1 shrubs , there are no terrestrial plants , reading from the 2 paper . I have pictures I can show you of the dark plants 3 next door . There are young sapling trees over 30 feet 4 tall . There are those things there , virtually everything 5 that is listed there that says no . I don ' t understand 6 that . 7 MS . GRIGOROV : Do you wish to comment on that ? 8 MR . SHARMA : I ' d like to address on many points 9 raised here . First of all , I think the feeling we ' re 10 trying to dismiss immediately from people here is on the 11 height of the building . We have no such intention . The 12 ordinance does not deny the height of the building . It 13 says height of building is to be compatible to the 14 surroundings . We have to build a building today and comply 15 with the New York State Building Code , which defines 16 certain minimal height . If we were to do the same thing , 17 same building , except they have a basement , they do have a 18 first floor , second floor, attic space . If we do the same 19 thing today , we ' ll come to what we have . 20 You know , we are not trying to mislead . You 21 have photographs just like they have pictures , we have 22 relevant pictures . 23 The second thing is we ' re not requesting a new 24 zoning of the area . I have applied to purchase of offer on J Town of Ithaca Planning Board 90 1 property zoned for multiple families . We are in compliance 2 and have done what we are proposing . 3 We have done many projects and we find similar 4 growth and similar kinds of things on both sides . I ' m sure 5 what Mr . Niklas finds there is probably not only confined 6 to the site and the rest of the 30 acres . 7 MS . GRIGOROV : I ' m sorry , we really have to 8 adjourn the meeting pretty soon . It ' s already after 10 : 00 . 9 What about adjourning the Public Hearing since there is - - 10 MR . KLEIN : Leave it as a Public Hearing . 11 MS . BEENERS : Should we set a time ? 12 MS . GRIGOROV : Next meeting , 7 : 45 on January 13 6th . 14 MR . NIKLASee I am sorry , it ' s just that there ' s 15 a hardship here and that is January 6th , the first two 16 weeks of January , I have to be out of the country . I can ' t 17 represent myself . And since I am actively the person who 18 is living on an adjacent lot , I would request , if it ' s at 19 all po ::Psible if this would be scheduled . for maybe the end 20 of January . It is a hardship for me . There is absolutely 21 no way I can be here . I hesitate to send a surrogate , 22 since I think there are personal issues and my home , my 23 livelihood , my environment depends on this , so I ask your 24 indulgence to consider it . Town of Ithaca Planning Board 91 1 MS . GRIGOROV : The Board will consider it . 2 MR . LAMBROU : I also ask you folks to make the 3 deliberation today . My application is for 186 taxes . If 4 we go -to January , I ' m going to be in a different category 5 and different expense . Please consider that very much . 6 186 , as all of you know , is very important thing to sign 7 before . That ' s why I am here rushing . We have two months . 8 Please consider that very much . 9 MS . GRIGOROV : We can ' t do it tonight unless you 10 all want to go to a second meeting in December . I don ' t i11 believe I will be able to come . 12 MR . KLEIN : I don ' t have any particular problem 13 to another December meeting . 14 MR . LAMBROU : I anticipate more expenses in 15 January . Please , can you consider today to move the next 16 day . 17 MR . BARNEY : With all due respect , you ' re not 18 going -to get a final decision at the end of the month even 19 if you have a second meeting . You can ' t go to the ZBA 20 until this Board makes a recommendation . The ZBA is not 21 going to hold a second meeting . If you miss this December 22 meeting - - December is practically filled . 23 I appreciate your concern and I am aware of the 24 tax , but these Boards are semi - volunteer Boards . They Town of Ithaca Planning Board 92 1 don ' t get paid much for being here and we don ' t like to 2 scare them away by having a meeting until 1 : 00 or 2 : 00 in 3 the morning . 4 MR . . LAMBROU : Of course not . 5 MR . SHARMA : , Can I say something . I think I 6 have had my representation and I think we have heard from 7 almost everybody and most of the time they ' re going over 8 the same information . 9 MS . WESSEL : That ' s not so . 10 MR . MAllA : They say they have more information . 11 MR . NIKLAS : I have a report from Thomas 12 O ' Rourke , Department of Civil Engineering . I intend to 13 file that affidavit at the next meeting . We haven ' t 14 discussed parking at all . 15 MS . GRIGOROV : There are a lot of things we 16 haven ' t discussed on the Board . 17 MR . KLEIN : We haven ' t discussed anything at 18 all . 19 MS . GRIGOROV : We ' ll adjourn the Public Hearing 20 to January 6th at 7 : 45 . Does anybody see a better solution 21 to that: ? 22 MR . KLEIN : I can . meet at another meeting in 23 December , but maybe we wouldn ' t have a quorum . 24 MR . BARNEY : I think come January 6th this is Town. of Ithaca Planning Board 93 1 not going to be the only topic of discussion . 2 MS . GRIGOROV : Does January 6th look like a very 3 busy meeting ? 4 MS . BEENERS : Yes . 5 MS . GRIGOROV : Do you want to try to have 6 another meeting in December ? 7 MR . MAllA : As far as I know , I am not going to 8 be out of town , if this is the only agenda item , I mean - - 9 MR . KENERSON : If you adjourn for that purpose , 10 you can I would think . 11 MR , MAllA : If we were going to have a quorum , 12 then I - - 13 MS . GRIGOROV : It wouldn ' t help him as far as 14 getting done at the ' end of the year . 15 MS . LANGHANS : Carolyn , you can ' t make it at 16 all ? 17 MS . GRIGOROV : I don ' t think so . 18 MR . MAllA : Jim would - have to come . 19 MS . GRIGOROV : can we - - 20 MS . WESSEL : A separate person hasn ' t heard 21 what ' s gone on here today . It should be the same people 22 listening . 23 MR , MAllA : We ' re not always able to do that . 24 There is a record of it here . i I Town of Ithaca Planning Board 94 1 MS . GRIGOROV : I think I have to work that 2 night. 3 MR . KLEIN : Adjourn it to January . 4 MS . LANGHANS :. We wouldn ' t have a chairman any 5 way . David would have to run the meeting . 6 MR . KLEIN : I move that we adjourn the Public 7 Hearing to 7 : 45 PM , January 6 , 1987 . 8 MS . GRIGOROV : Anybody want to second it . 9 MR . KENERSON : Sure , 10 NIS . GRIGOROV : All in favor say aye . . 18111 ( All say aye ) 12 MS . GRIGOROV : We ' re adjourning it to 13 January 6th at the - 7 : 45 , Public Hearing . 14 ( Adjourned at 10 : 15 PM ) 15 - - - - - 16 17 18 19 20 21 22 23 24 t J0. Gob5 Howell Well Dn* lling 1504 DANBY ROAD UHACA, N.Y. 14850 ti PHONE: 273-5365 tj3jjE IBIT te CL Q a 4 10 CIO 0 6( -7 '' v� ocs� 1 I vl'3 dl �(�. — I i �lO� U� �4 U�l� ✓ /�`G !i�/ ' '-/�: . Jacobs EXHIBIT Howell Well Drilling � a 1504 DANBY ROAD FHACA, N.Y. 14850 • PHONE: 273.5365 161 / Gc X11 moi' z/ TCS P INS CO JN' : DEP TIMENT O EAL _ E . X H I B I T rA s Y ,, ., •• X1026 SUZANNE R . STOPEN , R . N., F&P.S. Environmental ealth Division Public Health Director 1287 Trumansburg Road ,. Ithaca, New York 14850 S 607-273-7275 r November 20 , 1986 Mr . Paul Jacobs 146 Seven Mile Drive Ithaca , New York: 14850 Re : Collegeview Mobile Home Park Approval Dear Mr . Jacobs : We have this day approved the plans submitted by William Albern , P . E . , for the construction of a 32 unit addition to the Collegeview Mobile Home Park with on = site :'rater treatment and distribution and sewage collection , treatment , and disposal , Please note the conditions in the sewer and water approval letter . A sample Certification of Completion of a ,slater Supply Improvement is enclosed . It must be completed and returned to the Tompkins County Health Department • prior to use of -the improvement . A similar certification is required for the sewer installation . A detailed structural review of the .plans was not made ; rather the sanitary engineering aspects of the project were reviewed . Certificates of Approval are enclosed . ' one cony of the approved plans As being forwarded to +4r . Allen . The sewage s.yszem construction permit ( s ) will be issued after the Town of Ithaca issues final project approval . Very truly yours , Jo ' M . Andersson, P . E ., Di ctor , Environi-nental Health JMA/cb Enc . cc : Shyam Mohanka , NYS Health Dept . , Syracuse ofc . Gilbert Faustel , NYS Health Dept . , Albany ofc . William Albern , , Engineer jown of Ithaca ILC o6S ` TOMPRINS COUNTY DEPARTMENT OF HEAT, � EX HI B e T -ion R. STOPEN , R . N., AA.P.S. November 20 , 1986 Environmes Public Health Director 1287 Trumansburg Road Mr . Paul Jacobs Ithaca, New York 14850 146 Seven Mile Drive 607-273.7275 Ithaca , New York 14850 Re : Col1egeview Mobi' 1e Home Park Dear Mr . Jacobs : 4! e have .approved this day the plans for the above sewer installation and sewage treatment system . Anoroval is given subject to the following conditions : 1 . THAT the facilities shallbe fully constructed and completed in compliance with the engineering report , plans and specifications as approved . 2 . THAT the construction of the facilities shall be under . the supervision of a person or firm qualified to practice professional engineering in the State of New York under the Education Law of the State of New York , and the professional engineer shall certify to the department and to the permittee that the constructed facilities have been under his supervision and that the works have been fully completed in accordance with the approved engineering - - reoorts , plans and specifications . 3 . THAT maximum allowable infiltration or exfiltration shall not exceed 200 gallons per inch diameter per mile of pipe per day for any section of the collection system including manholes . 4 . THAT the construction of the facilities shall commence by December 31 , 1987 and be fully completed by December 31 , 1989 . 5 . THAT the system will be operated in conformance with the State Pollutant Discharge Elimination System ( SPDES ) permit . This department does not assume responsibility for the design of your facilities . Our review is a sanitary engineering examination of processes rather than a complete , detailed review of design . The licensed professional engineer who designed the facilities is responsible for the structural , electrical and mechanical , and other design . aspects of the project . Information can be obtained from this office regarding construction certification . The approved plans call for the installation of approximately 1200 feet of 6 inch and 320 feet of 4 inch PVC sewer , and two subsurface sewage systems , each with two 2 , 000 gallon septic tanks and dosing pumps . . It is suggested that this letter be retained in your files . FOR THE STATE COMMISSIONER OF ENVIP.ONMENTAL CONSERV TION BY • P . E . ® ohn M . h ersson cc : Region 7 , NYSDEC irector of Environmental Health Engineer : William Albern own of Ithaca NEW YORK STATE DEPARTMENT OF HEALTH U C o b .5 ` APPROVAL OF PLANS E X, H I B I T' • FOR PUBLIC WATER SUPPLY IMPROVEMENT This approval is issued under the provisions of 10 NYCRR , Part ' 5 : 1 . Applicant : 2. Location of Works (C , V, T) : 3 . County : 4. Water District (Specific Area Served) Collegevieldi Mobile Home Town of Ithaca Tomokins Collegeview Mobile Park Home Park 5 . Type of Project : 7 Distribution. L! I Source ® 3 Pumping Units ❑ 5 Fluoridation ® 8 Storage ❑ 2 Transmissions ] 4 Chlorination G Other Treatment C] 9 Other RE3{.ARKS : Installation of second well , t ?io 6 , 000 nallon steel storane tanks , disinfection , dual oumos , and 1320 feet of 2 inch and 120 feet of 1a inch water line to serve 32 additional mobile home lots and . 24 existing mobile home lots , initiating improvement- of the approved supply , the applicant accepts and agrees to abide by and conform with the following: a. THAT the proposed works be constructed in complete conformity with the plans and specifications approved this day or approved amendments thereto. b ; MAT the proposed works not be placed into operation until such time as a Completed Works Approval is issued in accordance with . Part 5 of the New York State Sanitary Code ISSUED FOR THE STATE COMMISSIONER OF HEALTH November 20 , 1986 , P . E . Date Designated Representative • John M . Andersson , P . E . Director , Environmental Health Tomokins . County Health Department Mame and Title ( print ) GEN 207 Distribution: White - Applicont Yellow — Film ( LHO or DHO) Clev .. 3 / 78 ) Pink — Central Office ( BED) Blue — Other GENE RALJacobs o . Type of Ownership : Municipal ❑ Commercial ® 68 Private - Other ❑ 1 Authority ❑ 30 Interstate ❑ Industrial ❑ 9 Water' Works Corp . ❑ Private - IrstitutionaI [,ll 19 Federal Li 40. International ❑ 26 Board of Education ❑ 20 State ❑ 18 Indian Reservation Simated Total Cost 8 , Population Served 9 . Drainage Basin S 42 , 500 32 mobile home lots Cavuna 10 . Federal Aid Involved? 1 Yes 11. WSA Project? C 1 Yes Q2 No ® 2 No SOURCE 12 ❑ Surface Name Class 13 . Est . Source Development Cost 1 niv Ground Name Gass ,� 1500 14 . Sale yield : 15 . Description : Well 1 : 230 feet , unknown yield 241000+ GPD Well 2 : 230 feet ; 24 , 000 gallons per day TREATMENT 15 Type of Treatment ❑ 1 Aeration ❑ S Clarifiers 9 Fluoridation CJ 2 Microstrainers ❑ 6 Filtration ❑ 10 Softening ❑ 3 Mixing ❑ 7 Iron Removal [I 11 Corrosion Control ❑ 4 Sedimentation 8 Chlorination ❑ 12 Other 1I Name of Treatment Works 18 . Max. Treatment Capacity 19 . Grade of Plant 20 . Est. Cost Col l egevi ewe Mobile Home Operator Req. Park - 86 . 400 GPD r ` - DWiption : Dual hypochloride feeders at inlet of storage tanks . I DISTRIBUTION 22. Type of Project 23 . Tyge of Storage 24. Est. Distribution Cost ❑ 1 Cross Connection 3 T,ansmission Elevated Gals. ❑ 2 Interconnection ❑ 4 Fire Pump C12 Underground 12 , 000 Gals , X40', 000 2S. Anticipated Distribution 26 . Designed for fire flow? System Demand : Avg. 11 . 700 GPD Max. 24 , 000 GPD � 1 Yes M32 No 21 . Description : I See # 5 . • EXalB , -: �h 1313 7an � y R `� Ithaca . New York 1485 .3 • Vov : 28 . 1985 Planning Soardr g EXHIBIT Toon of Ithaca Dear Mr . Klein : We are Driting in opposition to the proaosad 33 Jnit multiple residence project . to ba .: locatad on 1 . 75 acres on 1L) 09 - 11 7_ anby . Road ® Town of Lt )3- ca parcel n-o . . • Qlt. hough : wa and . Mr . Niclas are most . directly . affected as the adjoining '. pro-perty ownersE our concern has been mir ^ ored -. by each . and evary . one of our naighbo ^ s to petition has Sean circulated and will be presented to tha Board at . the hanring ) . • In talking with then we find three issues to be of : oncarn ; in Tha specific lanbrou proposal f :)- r -. tie site-olan : approval . 2 . Zoning of tie area . 3 . Tha characta ..^ and long - term devalopnent plans fore South . Hill . • We vill begin vith the nultipla - resideice l mbrou orojact now before the 3oard . . This p ^ oposal calls for five buildingsp each of which incorporates six . units . . 4 typical uiit has thra4 badroD .In's . This means that the population could easily be 90 peool. e on • 1 . 75 acres of landf far exceeding in number the axisting . P2 residents of the ar = a . We have ave � aged the lot sizes of all • the house ; above and below tha pro30sed davelnomente from 977 to 1033 Danny .- Road . The lots range fron 7 acres ' to . 30 ac .^ es . The averaga . homeowner livas on 1 , 05acres , . The Lamarou oroposaa of 3O . units . on 1075 acres averages : out . to . 05 ares p..er living unit , a : Bec: ausa these are rental : units the addition of up to 90 ® people living of a mora . or Lass tenporarybasis will drastically niter a Icau - cfen , ity , and 3t. able neighbarhiliood , rte are . so to spea < .f the new Kids on the blocc : having lived nere now for a little ovar two years , Most of our neighbors .* howeverf have live ;► ` here far a long tine . For example , eight - 0 f ight 'of the property owners i ;n tha immediate area of the 3rop3sad development have livid in their homes for twenty years or more . • a The point: being mada is that though we all face living on a major road °way , we oonsider ourselves a neighborhood and aro in fact more stable than neighborhoods of a more , typical configuration . Five apartment 33ildings situated between : single - family ; homes is not. i .n keeping with the character of this neighborhood . Thera is also to - be considered the oronlems of paring and traffic . 4 total of forty spaces is allotted in t1e plb ,ne Firstr this provides parking for less tan , half the possible number of apartment dwellers . . Also , where . would guests park ? This is a public highway and off - street narking is ' not available . Second , 7anby . Road is a 55 noh lighvay . Zmagina if • you will forty or more c ,ar s trying to pull out each morning and 4 Page 3 return eacl eveniig . We can tell you from 'gxparience that slowing dowi and to ^ ping into our driveway is often quite • dangerous as cars oris fro ,n both directions . In addition , the wide shouldars of the road carry a great dealof pedestrian traffic . .Many Ithaca College faculty . and students yal < . to school . This is alsa a favo ^ ite rui .ning route fron to 3utta. rmilk Falls . The safety implications are anornouso Our neighbors and we are acutely : aUare of this parcel ' s close vicinity to Ithaca Calleg1 . I { wens that S. U^ h a high - density land use plan csuld eelsily be or becomedarm — like housinge especially : if one consiJers the variances requested far : a Geficiant side and reap yard . Please take note that the variance is only necessary in o ^ der to . accommodate five buildings aid achieve the greatest possible density . • Student housing was a c o n c a ^ n voiced by all of our neighborse pie realize that students need a place to live . But our neighborhood already : has three acart .ment co .mplaxes and a relativelyhigh 9 percentage of student renters . ' At this point ' there still remains a reasonable balance between : long - term residents and rente ^ s . . This one proposal would tip the balance and radically change the character of the neigh :oorhood . Renters in this one complex wDIuld oatninber, existing residents two to one . Considaring all of the attendant p ^ oblams associated Lith . building thirty . units on 1 . 75 acresf we would like to firing to D • the attention of the Board that the ownars . Jac < . Me He ^ nan et D ' Page ' 4 , (04 al . .# also own 28 acres of land in the immediate vicinity with : twice the road frontage of the 133 ? - 11 parcel in guestion (66 ( please sea enclosed map ) . This laid is so situated that Ivith proper buffering living units could be constructed that would no. t impinge , on an already existing neighborhoods In facts the land ' s road f. rontaga is adja _ ent to apartment units on one side and could ::) a gznerousiy buffered oh the ether . side . Wny . tienf are they petitioning the Boa ^ d to build higlyde .nsity . aoartnent units on this small lotr sandwiched in between single - family r horses ? i In regards to zhningr the five houses fronting- on : Danby Roadr . "x013 - 10 .j were : fanged fro .r, . their original � 9 designation to Multible Residence in 1954 - 65 as a consequence of a Jack . Harman proposal ( M:) tcr Lodge aid housing development ) which . was later withdrawn . 411 of the other homes in this neighborhood with : road frontiga are presantly zoned as R - 9 . As these rive homes are of the same vintage and charactere we think that the Multiple Residence zoning is inappropriate . It allows a : leval of high - dansity construction out of stao . Lith the ex :isting . neighborhood . r F :inally . ; we wojld like to add ^ ess the concerns we all share for tne . direction of Sauth Hill davelopment over the Text few years . South . Hill - is ona of ti ? last undeveloped areas immediately . adjoini -► g the Ithaca '. ity : limits . It is also one . ,® of the most scenic aatryways - to the city and we would like preserve t .hatF alang with its neighbornoods . While cnange is `- inevitablef those who develop ought to be sehsitive tol the p I Page S � • ! eighborhoods . and a -ivironmeit in wiich they build . It doesn ' t seem : to us or . our neighbors that the Lambrou proposal has considered the quality and type of neighborhood for ;which it is planned ,. Thunk you for your considaration . Of Chase issues . Sincersly .* Mary 4cssal Frances Connelly . O 1313 ) anby Road • Law, broLt an EXHIBIT _ v p X4:6 , November 26 , 1986 Ms . . Susan Beeners 126 E . Seneca Street Ithaca , New York 14850 Dear Ms . Beeners : I am sending this letter objecting to the Site Plan Approval for a 30 - unit multiple residence project or, 1009 - 11 Danby Road . This proposal is the fourth item on the Dec . 2nd agenda for the Town Planning Board . I am sending this letter in the hope that you will consider my arguments and the feelings of my neighbors . Although my reasons for objecting to this project are obvious ( I live at 1005 Danby Road , just North of the project site ) , my neighbors share my concerns , As proof , I have appended a petition ( signed by over 56 residents ) to this letter . I object to this proposal for three primary reasons : ( 1 ) it substantially differs from the project used to originally rezone the site , ( 2 ) the project calls for the development of 1 . 75 acres but in essence sets the stage for the further development of an additional 29 contiguous acres , and ( 3 ) the prlaject will be constructed on a type of soil known for its poor drainage characteristics and could cause great damage to adjoining properties ( a letter from Dr . T . Forbes decribing this likelihood is attached ) . The project is totally insensitive to the type of homes that make up the majority of the community . There is no " buffer zone " between it and neighboring homes . Ample presidence exists in the Zoning Ordinance Booklet supplied by the Town of Ithaca for the need for such a zone , e . g . , Section 7 . 7 , 7a - d ( p . 45 - 46 ) , Local Law No . 3 - 1983 Section 3B 1 . I wish to address each of these points in turn . In 1965 , ISI . Herman proposed a major housing development on a 29 . 6 acre site on South Hill . The proposal was to develop studio units , garden units , and town ( row ) homes. Attached is a sketch of the project as originally proposed . You will notice that the access road to the development is South of 1005 , but that another road ( dashed lines to left ) was planned . In both cases , there was " buffering " between the roads and development , a ' . - d the neighboring homes on Danby Rd . This development was never started but the parcel of land ( over 29 acres ) was rezoned . The current proposal , which capitalizes on the original rezoning , is much less generous to the neighboring homes and represents a high - density of apartments ( 30 ) on less than 2 acres . It is clear that Pyr . Sharma is being asked to use every square inch of the lot with little or no feeling for the ambience of • neighboring homes . By law 2500 square feet is required per dwelling unit . With 30 units Mr . Sharma has saturated the 1 . 75 acre lot . However , with 2 , 3 or 4 bedrooms per "dwelling unit " and the likelihood that students will • Ms . Susan Beeners November 26 , 11986 Page 2 occupy them , the " spirit " of the zoning law seems in jeopardy . If approved , there is nothing to prevent similar high - density development on all the remaining acreage . Therefore , the proposal currently under consideration is deceptive because of its future implications to South Hill and South Hill Swamp . No document has been supplied to the Town ( at least to my knowledge ) addressing the implications of ' a potentially extensive ( 30 acre ) development . Traffic flow and drainage ( see below ,) even for the 30 units on 1 . 75 acres will be severely and detrimentally affected . Imagine the consequences . of a larger development . At my bequest , Dr . T . Forbes ( an expert in soils ) examined the soil on the proposed site . His report to me is attached to this letter . He concludes that if the site is developed as planned ( with so many apartments , parking lots , and access road ) there could be " severe erosion of the topsoil and perhaps gully formation on neighboring downhill sites . " Also , " Spring • rains would most likely create excessive flood - like floras on areas downhill of the proposed development area . " Clearly , if the site is developed at the level being proposed there will be significant consequences to the neighborhood . Previously developed sites , south of the one currently being considered , have erosion problems on the property frontage . These sites are student housing but are nonetheless not as densely populated as the current project would be . My own property has 700 ft . of drainage tile but is still a swamp in the Spring and Fall . A drainage tile has practically no influence beyond two feet on either side of it . The removal of the trees and shrubs on the building site required for so many buildings / parking lots will aggregate an already serious drainage problem . At the least , the number of units to be built on this site should be reduced by half . Sincerely yours , Karl J . Niklas KJN : lg enclosures • We * the undersigned , oppose the proposed construction Of multiple apartment units in a family - oriented , residential neighborhood on Danby Road , just above Ithaca -College . These apartments would he built on a 1 . 75 acre parcel between two homes , 1005 and 1013 Danby Road , Naine Address ' Phone I 2 UA 41� JC4 7c Fc - G D 11101119 - a7a -,59 / 7 �- (Fla ��' 4 We , the undersigned , oppose the proposed construction • of multiple apartment units in a family - oriented , residential neighborhood on Danby Road , just above Ithaca College . These apartments would be built on a 1 . 75 acre parcel between two homes , 1005 and 1013 Danby Road , Name Address • Phone cir Z2 r�?S Flo l biz i� ° �, . �•1 �' �--� rj� . 4 .frIkJ ��w � . 7of `hu' 3 1 3 �LI --- L , % U , � ? - 3 6 ( ovR1 073 - 36 30 7---- . y � • j F • a We , the undersigned , oppose the proposed construction of multiple apartment units in a family - oriented , • residential neighborhood on Danby Road , just above Ithaca College . These apartments would be built on a 1 . 75 acre parcel between two homes , 1005 and 1013 Danby Road . Name Address Phone r 7 2- L4; A' ) Af of < < c>2 - 9 9oz all f 72 � Ofl ef C 1,9 C5 e9 :7q9 � - �,=�- 943 1 <5 5D 5 Zoe; zi Lo ' 77 g3g, We , the undersigned , oppose the proposed construction of ' multiple apartment units in a family - oriented , • residential neighborhood on Danby Road , just above Ithaca College . 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Z) °< I:;XXo;iiny�i<L-.�ysVr =1U.a�Y.l�<ft�.'�Sv>aS<aiyy+cFw.'o/�C�fR, +•3'...,Atoftw.'sw� .. fi ,<xc'y >p .wK -- <.ad<ai tc.Yalt• w'etmN+•.i 7. 3 i�;, '^f Q Y,et 6 , t r' 2 v,C. ; I. I . IL I . a F ! of �ill pSt Ve rr,) > )� LF , ® .I 0 I � : e S � ousin� ild � clopnuntj Plans are for:: studio " units, for the '?9.6 :.:acre site on prop property is now largely vacant, ' IL has been . a : major polis : lied for south of .thcigarden ultits, attd . lo�+t:n . .(rI . ow) erty belonging to ' H, iN< Peters although a portion of it •has been question. :In :.years :past; and ;e campus in the houses• 1 . of : :Cape. l+lay, ' N.J „ a formeroccu ted . b a GLF arae other .. factor; , that mi ht .;'fib tea , i as reported ) Aiso bei»g ' discussed : is ~ a Ithacan: "; : a . , - . � .: s "We're '.occupied . . Y ' . ,: . . ,� I. . . g I of g ' 1 . tdelfghted.,;. to ; consider is ':. tile : severe;, drought - , that I inn (motel and restati- 1 .Tile area Is east of Danby Rd. , efnybody who's . interested in ' de- present' which has ' caused S . 0 ; rant ) and i❑ the long-range tu• and was once used as a landing velophtg the , area," " . Town of ous concern • over r the . . ci : �( 1 • �1 i' �� � � iLure a high-rise apartment conte strip and airport by Peters, a Ithaca Supervisor : .. William . B. nater supply at the reser % l'' ex - well-l.nowu Ithaca pilot. 'file herr said. . ': . . t' ' on Su Aiile Creek• The pre: The develolxr is Df. Jack Iier- city policy <L C $ " man of Rochester. � 1 � . The town will do anything to IS to extend ::. vt., 1 tall) ing Board assist. : "The . proposed develop- and sewer services, without I. Still to be decided, however. b p" nexation as a requirement , 1 r are the source of nater and , . ' ment, while still in 1111: prelimi- `,iding it is feasible. f'� St i �eo•er ' sete•ice< and the question 1A1eets . TO111aht nary. stages, would ,_rise the I , . f . . . . flG/ nccifv n! <. . .. . . . . mt. _ Tf n L . . • _ ttf _ - _ New York,State College of Agriculture and Life Sciences a Statutory College of the State University Cornell University Department of Agronomy Bradfield and Emerson Halls, Ithaca, N. Y. 14853 607-255 - 1736 November 24 , 1986 Dr. Karl Niklas 1005 Danby Rd. Ithaca, NY 14850 Dear Dr. Niklas: In response to your request to review the impact of a dense development and covering of the soils next to your property on Danby Rd. , I have found the following information: 1 . The soils in the described development area are most likely Erie channery silt loams, 3 to 8 percent slopes and inclusions of similar soilsl . 2. Permeability of these soils ranges from moderate to slow , e . g . 0 . 2 to 0 . 63 inches per ,_ hour . This means that in moderate to heavy rains there is a good deal of runoff from these soils in their natural condition . Under conditions as you described to me , covering a large area with buildings and parking lots , there would be a great deal of runoff downhill from this area. 3 . In a addition there is a seasonally high water table , typically during spring . This is caused by dense impermeable layers characteristic of this soil series . This again limits the ability of these and surrounding soils to absorb excessive runoff. Spring rains would most likely create excessive flood-like flows on areas downhill of the proposed development areae. 4 . Erie soils are also quite erodible . Excessive runoff directed downhill could cause severe erosion of the topsoil and perhaps gully formation on neighboring downhill sites , Sincerely, T.R. Forbes , Ph .D . Sr. Res , Assoc. 1 . Reference: Soil Survey, Tompkins County, New York, USDA/SCS in cooperation with Cornell University Agricultural Experiment Station, Series 1961 , no. 25 , issued July 1965 , U.S . Government Printing Office . Mapsheet no . 23 2 . USGS - Ithaca West Quadrangle, NY - Tompkins Co. 7. 5 Minute Series (Topographic) Law, bro tx 6. EXHIBIT 1006 Danby .:d . Ithaca , N . Y . 14850 November 25 , 108 6 Mr . Robert . E . Parkin Highway Superintendent 106 Seven Mile . Dr . Ithaca , N . Y , 14850 Dear_ Mr . Parkin : I am writing to you to express the opp �; � it _ on of our neighbors , and . ourselves , to the proposed develcoment at 1007 - 1011 Danby Rd . , We are concerned about the traffic problem . The proposed driveway would enter Rt . 96B where the higzwav has a slight curve , and a rise , and is markedfcr no passing , as the road narrows from 3 to 2 lanes ( southbound ) . You cannot see what is in the road. ahead from e _ the _ direction , especially if you are following anot :`_ _ r 77e ' _ cle . There have been several fatal accidents at this place since we have lived here , and cars are frequently forced off the road because of the narrowing . We feel that a dr i vnway for such additional traffic as the proposed develop :-. _ nt would generate , would create a very serious problem . I am sure , as you live on Danby Rd . , you mist be familiar with the location and potential hazards . Thank you for any help you can give in pre -; enting such problems . Yours since = ely , d Douglass iI . Payne