HomeMy WebLinkAboutPB Minutes 1987-01-20 of, �.
FILED
TOWN OF ITHACA
TOWN OF ITHACA PLANNING BOARD Date
Clerk
JANUARY 20 , 1987
The Town of Ithaca Planning Board met in regular session on
Tuesday , January 20 , 1987 , in Town Hall , 126 East Seneca Street ,
Ithaca , New York , at 7 : 30 p . m .
PRESENT : Chairman Montgomery May , Carolyn Grigorov , Edward Mazza ,
David Klein , Robert Kenerson , Robert R . Flumerfelt ( Town
Engineer ) , Susan C . Beeners ( Town Planner ) , Andrew Frost
( Town Building Inspector / Zoning Enforcement Officer ) ,
Richard Ruswick , Esq . ( Town Attorney ) , Nancy M . Fuller
( Secretary ) , Mary S . Bryant ( Recording Secretary ) .
ALSO PRESENT : Anne McLaughlin , Richard Schwartz , Barbara Helmer ,
Jeanette Hanford , Paul Hartman , J . Gormly Miller ,
Christine M . Stratakos , Alexander Feldman , Eleanor May ,
William Schickel , Norbert H . Schickel Jr . , Anton Egner ,
David C . Auble , Adolph J . Collettir David N . Ryan ,
Michael A . Tomlan , John T . Fecitt , Harrison Rue ,
William J . Schickel , Pamela Clermont , Nell Mondy , Nancy
Ostman , Sharon Haas , Slade Kennedy Jr . , Shirley K .
Egan , Shu - Shu Foo ( Channel 7 News ) , Christopher Costa
( Channel 7 News ) .
Chairman May declared the meeting duly opened at 7 : 35 p . m . and
accepted for the record the Clerk ' s Affidavit of Posting and
Publication of the Notice of Public Hearings in Town Hall and the
Ithaca Journal on January 13 , 1987 and January 15 , 1987 , respectively ,
together with the Secretary ' s Affidavit of Service by Mail of said
Notice upon the various neighbors of each of the properties under
discussion , as appropriate , upon the Clerk of the Town of Ithaca , upon
both the Clerk and the Building Commissioner of the City of Ithaca ,
upon the Tompkins County Superintendent of Public Works , and upon the
Tompkins County Commissioner of Planning , on January 14 , 1987 .
PUBLIC HEARINGS CONSIDERATION OF SITE PLAN APPROVAL AND PRELIMINARY
SUBDIVISION APPROVAL FOR EASTWOOD COMMONS PHASE III , 66 UNITS AND
PAVILION , PROPOSED TO BE LOCATED NEAR HONNESS LANE ON HARWICK ROAD AND
SUNNYSLOPE LANE , TOWN OF ITHACA TAX PARCEL NO . 6 - 60 - 1 - 25 . 42 , MULTIPLE
RESIDENCE DISTRICT . EASTWOOD COMMONS DEVELOPMENT CORPORATION , OWNER/
DEVELOPER ; NORBERT H . SCHICKEL JR . , PRESIDENT .
Chairman May declared the Public Hearing in the above - noted
matter duly opened at 7 : 40 p . m . and read aloud from the Notice of
Public Hearings as posted and published and as noted above . Mr .
Schickel was present .
Mr . Schickel addressed the Board with a brief summary of Eastwood
Commons Subdivision . Applicant stated that the original approval for
176 dwelling units on 18 . 9 acres was approved in February 1973 . There
were to be 108 dwelling units in Phases I and II which includes
• f
Planning Board - 2 - January 20 , 1987
• buildings 26 and 33 , with 68 dwelling units in Phase III . Overall
density as approved - - 9 . 3 dwelling units per acre . The as -built
numbers for Phases I and II are 76 dwelling units on 10 . 87 acres ,
including buildings 26 and 33 , with the overall as -built density for
Phases I and II being 7 dwelling units per acre . There are now 66
dwelling units proposed for Phase III to be built on 8 . 03 acres . The
overall density for Phase III as proposed is 8 . 2 dwelling units per
acre and includes the land which is proposed as the pavilion site .
Mr . Schickel came before the Board in the Fall of 1986 for preliminary
approval on the project .
Mr . Schickel appended several drawings to the bulletin board for
review by the Board and the public . Mr . Schickel pointed out that the
plans were adjusted so that there will be 30 feet between buildings .
Applicant is checking into the required 15 - foot right of way . Site
plan was revised to eliminate parking in the right of way . Name of
the street has been changed from Sunnyslope Lane to Sunnyhill Lane in
accordance with the requirements of the U . S . Postal Service ,
Chairman May said the name change should also be checked with the
Fire Department , Mr . Schickel said he would do so .
Mr . Schickel ' s brother , William Schickel , Loveland , Ohio , came
before the Board . He stated that they were trying to accomplish three
things . ( 1 ) Create something that is compatible with the environment .
• ( 2 ) Try to keep with the kind of community that Ithaca is , and keep in
mind the needs of the people living in Ithaca . ( 3 ) Create something
artistically meaningful .
Chairman Play noted that this was a Public Hearing and asked if
there were anyone present who wished to speak .
Christine Stratakos , 124 Honness Lane , felt there will be a
traffic problem with the amount of traffic during construction on
Harwick Road .
J . Gormly Miller , 7 -1) Wildflower Drive , was concerned with
traffic .
Anne McLaughlin , 1342 Slaterville Road , was concerned with
increased runoff on Slaterville Road . In the Spring the ground is
very soggy . Mrs . McLaughlin wanted to know if something will be done
to eliminate a large amount of runoff down the hill . Mr . Schickel
noted that this will be taken care of by pipes from above .
Eleanor May , 1360 Slaterville Road , was concerned with runoff .
Mrs . May stated that a creek runs between her property and her
neighbor , Edward W . King . The creek is always full . Mrs . May was
concerned whether there will be more water than there is now . Mr .
Schickel stated that there should not be any more water .
• Chairman May asked if any calculations were going to be made as
to impervious surfaces . Mr . Schickel read the following :
Planning Board - 3 - January 20 , 1987
" 176 units on 18 . 9 acres - - 9 . 3 units per acre in original plan .
Phase I - - 40 units .
Phase II - - 36 units .
76 units total - - 7 units per acre .
Phase III - - 8 . 2 units per acre .
Overall Density - - 7 . 5 units per acre .
Total Project Area is 823 , 284 square feet , as approved in 1973 .
Building Coverage - - 134 , 288 square feet , or 16 . 38 % of site .
Parking Coverage - - 99 , 777 square feet , or 12 . 1 % of site .
Roads Coverage -- 103 , 740 square feet , or 12 . 6 % of site .
Phases I and II - - 79 , 727 square feet , or 16 . 8 % of site .
Roads - - 64 , 540 square feet , or 13 . 6 % of site .
Total Coverage is 44 . 0 % of the site .
Phase III - - 349 , 786 square feet .
Building Coverage - - 60 , 976 square feet , or 17 . 4 % of site .
Parking - - 60 , 688 square feet , or 17 . 3 % of site .
Roads - - 39 , 200 + square feet , or 11 . 2 % of site .
Total coverage is 45 . 9 % .
Overall Building Coverage - - 140 , 703 square feet , or 17 . 1 % of
site .
Overall Parking - - 124 , 858 square feet , or 15 . 2 % of site .
Overall Roads - - 103 , 740 square feet , or 12 . 6 % of site .
Total Overall Coverage - - 44 . 9 % of site . "
Pamela Clermont , Eastwood Avenue Extension , was concerned with
• drainage , and also wanted to know the distance between buildings , and
also was concerned with looking at the back of a mass of buildings
from her home .
Nell Mondy , 126 Honness Lane , was concerned with the view which
would be created and the noise factor and asked if the construction
traffic can use Harwick Road . Mr . Schickel cannot guarantee that a
certain route will be taken ; someone will be affected .
Sharon Haas , 1336 Slaterville Road , was concerned with runoff .
Town Planner Beeners stated that the proposal before the Board in
November showed 70 units rather than the 66 that are currently
proposed . That proposal for 70 units was submitted for the November
Planning Board meetings and was given a preliminary approval by the
Town Engineer in October . Additionally , in the original 1973
Resolution which established the Eastwood Commons development , there
is a condition that if there are drainage problems which arise at any
time after the project has been installed , the Town can require Mr .
Schickel to make the improvements . Additionally , there are some
specific drainage improvements that have been requested over the last
six months , and: there will be further approval that will have to be
considered for a revised drainage plan for whatever the revised site
plan is .
Eleanor May , 1360 Slaterville Road , requested that our new Town
• Engineer come out to take a look at the site . Mr . Flumerfelt said
that he would .
• f
Planning Board - 4 - January 20 , 1987
A voice asked if it were correct in its understanding that all
the construction traffic would come through Harwick Road . Mr .
Schickel responded , yes , adding that it was his understanding that
that was a Town. Board requirement .
Chairman May asked if there were any other questions by anyone .
No one spoke . Chairman May closed the Public Hearing at 8 : 20 p . m . ,
and asked for questions or comments from the Board .
A brief discussion ensued between Chairman May and Mrs . Grigorov
about one building permit being permitted to be issued .
Town Planner Beeners addressed the Board as to the Draft
Resolution prepared for this meeting of the Planning Board ( January
20 , 1987 ) , and noted a further revision , referring to Appendix " A " ,
which is the revised proposed resolution for the Town Board where the
Town Board would delegate site plan review and approval powers to the
Planning Board ; the Town Board would approve covenants for the
project , and also , in Appendix " A " is the evolving revised draft local
law amending the requirements for the 1973 establishment of the zone .
Ms . Beeners stated that since the Board last saw the draft local
law and made recommendations to the Town Board , the draft local law
has been further amended . Ms . Beeners noted that Paragraph " F " ,
" Section 6 . ( b ) " of the draft local law includes that " Such units shall
• be built in clusters not exceeding four units in each cluster ,
provided , however , that the Town of Ithaca Planning Board in its
discretion may authorize up to six units in each cluster in Phase III
of such development if it finds such cluster or clusters are
compatible with the overall design , density , and character of the
earlier phases of the Eastwood Commons development . " Ms . Beeners
noted that on the last page of the draft local law , paragraph " G " ,
" Section 6 . ( c ) " has a further amendment such that " Unless waived by
the Town of Ithaca Planning Board or unless a variance is granted by
the Town of Ithaca Zoning Board of Appeals , no building in this zone
shall exceed two stories in height above ground level . " A further
amendment to the draft local law , not shown in Appendix " A " , but is
shown on the second page of the Draft Resolution , is that a new
sub -paragraph -• - ( 5 ) - - is recommended to be added to the draft local
law . " A letter of credit , in a form acceptable to the Town Engineer ,
the Town Attorney , and the Town Supervisor shall be issued for the
completion of Harwick Road and the road identified as Sunnyslope Lane
[ to be Sunnyhill Lane ] from Honness Lane to Buildings 30 and 31 , and
for the utilities , landscaping , and other site work required for the
completion of Buildings 30 and 31 and for the Pavilion , prior to the
issuance of any building permits for Phase III of Eastwood Commons .
No certificate of occupancy and no more than the buildings permits
necessary for the construction of Buildings 30 and 31 and the Pavilion
shall be issued for any structures in Phase III of Eastwood Commons
unitl Harwick Road is constructed to Town specificatins from Harwick
Road and the road identified as Sunnyslope Lane [ Sunnyhill Lane ] from
• Honness Lane to Buildings 30 and 31 . "
Additionally , Ms . Beeners stated that she would recommend that
Planning Board - 5 - January 20 , 1987
. all construction traffic be required to use the Harwick Road entrance
and not to use the Wildflower Drive entrance to the project .
Ms . Beeners stated that she thought that summarizes the major
changes since the Board last saw it , adding that if there were any
other questions , or comments on the conditions , she would be happy to
answer them .
Chairman May stated that the appropriate action would be to
adjourn the matter until after the Town Board meets on February 9th .
Chairman May stated that he did have one question with respect to
SEQR and the attachments signed by Mr . Fabbroni . Ms . Beeners
responded that the signature refers to a certificate from the N . Y . S .
Health Department , Ms . Beeners stated that staff has reviewed the
project in the office - - Mr . Flumerfelt has compared the drainage as
originally approved , as built , and as is now proposed . Ms . Beeners
stated that she has looked at the different SEQR factors as far as any
potential impact on land , or water , character of the community , and
could further elaborate at this time if the Chairman felt it was
appropriate .
Chairman Play wondered if this should not be adjourned at this
time also so we have the whole package at one time - - as far as
changes that were made on the EAF . Chairman May stated that , without
going through one by one and checking , he was not sure exactly what
changes were made , and he thought those should be noted somewhere .
Mr . Klein wondered if the changes were on the EAF . Ms . Beeners stated
that the changes on the EAF are basically those that refer to the
number of units and gross building sizes , and , as far as impervious
surfaces are concerned , the data Mr . Schickel read off tonight as far
as the extent of impervious surfaces , this is the first time that that
was supplied by Mr . Schickel , however , Mr . Flumerfelt has been doing
his own evaluation of it .
Chairman May asked what the pleasure of the Board was . Mr . Klein
commented that we cannot , really , act until the Town Board authorizes
it . Mrs . Grigorov wondered if the Board was supposed to review it ,
noting that it says for Planning Board review . Chairman May stated
that they are not asking for any comments . Mr . Klein agreed and
Chairman May added that it was informational .
Mr . Mazza asked Mr . Schickel how the surface of Harwick Road will
be treated , noting that during the summer there could be lots of
trucks going through there , and further asking what the surface will
be like in a situation where there could be lots of dust . Mr .
Schickel stated that the base and crusher run is to be put in , and the
oil , and the road brought to that level before any units were
conveyed . Mr . Mazza wondered about how it would be during the
construction phase . Mr . Schickel offered that it would depend a
little bit on when they get approval and get started , adding that
• their intention would be to do that road , commenting that there is a
lot of work to get that in , put the base in immediately and then , as
the curbs and utilities and those things go in , there is the question
of getting it done at the right time . Mr . Mazza asked , in relation to
Planning Board - 6 - January 20 , 1987
• when the construction of the units and the preparation of the site
where the units are going to be built , when the base is going to be
put down on the road . Mr . Schickel stated that it would be at the
beginning . Mr .. Mazza asked if it would be simultaneously with the
buildings , or , how in relation to when the building is starting to be
erected , or prior to the preparation of the site for the dwellings .
Mr . Schickel stated that it would be done simultaneously . Mr .
Schickel stated that there will be a gravel base because they need
that , adding that there is sort of a natural sequence of events - - as
they prepare the site they will , no doubt , excavate that road and put
the gravel base! in right up front .
Chairman May asked if anyone cared to make a motion . Discussion
followed with respect to the next Planning Board meeting after
February 9th - - February 17th .
Mrs . FullE! r asked the Chair for permission to speak , and having
been granted same , asked Chairman May if it were not important for the
Town Board to be aware of the Planning Board ' s thoughts with respect
to the information contained in the Draft Resolution . Is that
document not relevant to the Town Board ' s considerations on the 9th ?
Mrs . Fuller ' s concern was that the Town Board will say , " What did the
Planning Board say ? " , with the response being that the Planning Board
adjourned the matter .
Ms . Beeners stated that the basic intent of the Draft Resolution
was , considering the timing of having the Town Board enact
modifications to the local law , for the Planning Board to remake the
recommendation on the modifications - - these later modifications to
that draft local law - - and also to , if it were appropriate , grant
preliminary site plan approval to the project conditional upon the
various decisions that the Town Board would have to make as far as
adopting the local law , and having the Planning Board be the site plan
review board for this and having the Planning Board be the lead
agency .
Referring to the Draft Resolution , Chairman May stated that with
some of this he would certainly agree , however , paragraph III is one
he would think the Planning Board has to review very carefully . As
for # IV , he was not sure he was prepared to say he agreed with that at
this time - - certainly not paragraph 2 in # IV .
Mrs . Grigorov noted that paragraph 1 in # IV is not needed any
more since the distance between buildings is now 30 feet . Chairman
May offered that there were some other items . Mrs . Grigorov stated
again that with respect to those two , she thought the design has been
changed so that that would not be needed , that is , the 30 - foot
distance . Chairman May stated that in # III , we are talking about six
buildings which he was not prepared to say at this point that he found
acceptable , adding that was just one person ' s opinion . He had
considerable concern about the 30 - foot distance . He thought we are
• looking at a wall here , in spite of everything that has been stated ,
we are looking at a wall - - we are looking at the face of all these
garages . He was not prepared to say preliminary site plan approval at
Planning Board - 7 - January 20 , 1987
this time , and again , he was not speaking for other people . He could
not accept this without severe modifications . Mrs . Grigorov noted
that they have made great modifications . Chairman May offered that
they have reduced the density . Chairman May asked Mr . Schickel what
the distance is between buildings , with Mr . Schickel responding , a
minimum of thirty feet . Chairman May noted that , so , we do have 30
feet between , but we do have all of the garages on the front at this
point still .
Mr . Schickel stated that he did have a little model of one of the
structures if the Board wanted to see . Mr . William Schickel displayed
the wooden model to the Board and the public .
Chairman May commented that we are still basically looking at a
solid wall of buildings even though they have been opened up somewhat .
Chairman May asked what the minimum distance was before - - was it 15
feet before ? Mr . Klein offered that that is what he remembered . Mr .
Schickel stated that he thought it was 20 feet , but he was not sure .
Mr . Schickel pointed out that what he was displaying was the six - unit
building - - Building 31 . Chairman May asked how long these units
would be , with .Mr . Klein responding 96 feet .
Mr . Paul Hartman , 132 Pine Tree Road , asked from the floor where
that building is on the plan . Mr . Schickel indicated its location on
the plan on the bulletin board .
• Town Attorney Ruswick stated that , after review , he did not think
there is anything in the Draft Resolution that has to go to the Town
Board for it to pass on , adding that that was the question asked by
Mrs . Fuller . Chairman May offered that , so we can adjourn without
doing anything further and not in any way cause a problem for the Town
Board , Mrs . Fuller commented that that was the import of her
question , with Chairman May adding that that was his understanding .
Mr . Mazza stated that with this building we can see that with
three of the units the second from the top floor comes right out on
the ground and with " these " three , they come out on a balcony and
there is a level below it . Mr . Schickel noted that most of these have
balconies on them . Mr . Mazza noted that in looking from " this view
here " it is going to appear three stories high . Indicating on the
map , Mr . Schickel stated that " these " all are like " these " . Mr . Mazza
pointed out that from the west side you see three stories .
Mr . Schickel stated that he was concerned about the time . They
have been here since Septmeber . He was very anxious ; there is a lot
to a development like this . They need to move it forward ; they need
to get approval ; they have done everything they can for this .
Chairman May offered that there is nothing the Board can do until
after the February 9th meeting of the Town Board - - nothing the
Planning Board can do until the after the Town Board acts .
Mr . Mazza apologized for referring to this matter again and asked
if , from the ground to the peak of the roof looking at it from the
west side , was lie correct in assuming that that is going to be in the
neighborhood of 34 feet from the ground level to the peak of the roof .
Planning Board - 8 - January 20 , 1987
• Mr . Schickel stated that from the ground level to the roof is less
than 30 feet in. every instance , but , from the ground level to the peak
of the roof - - which is uphill - - from " here to here " - - is going to
be 25 feet 10 inches . From " here " to the peak of the roof would be
about 26 feet eight inches . So , at any point where the ground is
sloping away it is less than 30 feet from the ground to the roof at
that point . This is something related to the hill .
Ms . Beeners offered that the way it is defined in the Subdivision
Regulations , a .s far as height goes , it is measured from the lowest
point on the ground to the highest point on the roof . Mr . Schickel
stated that the dimension for that , just so we have it clear , would be
34 feet . Ms . Beeners commented that that would be four feet over .
Chairman May asked if anyone wished to make a resolution of
adjournment to the February 17th meeting .
MOTION by Mr . David Klein , seconded by Mr . Robert Kenerson :
RESOLVED , by the Town of Ithaca Planning Board , that the matter
of consideration of site plan approval and preliminary subdivision
approval for Eastwood Commons , Phase III , be and hereby is adjourned
to 8 : 15 p . m . on Tuesday , February 17 , 1987 .
There being no further discussion , the Chair called for a vote .
• Aye - May , Grigorov , Mazza , Klein , Kenerson .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman May declared the matter of Eastwood Commons Phase III
duly adjourned at 8 : 45 p . m .
Chairman May announced to the public present the day , date , and
time of the continuation of the Planning Board discussion , noting that
the Public Hearing had been closed , however , the meeting was public ,
and any and all were welcome who have interest .
PUBLIC HEARING : CONSIDERATION OF APPROVAL OF A REVISED SITE PLAN FOR
THE FORMER MAJESTIC HEIGHTS DEVELOPMENT ( BILL J . MANOS ) , GRANTED FINAL
SITE PLAN APPROVAL BY THE PLANNING BOARD ON JANUARY 18 , 1983 ; 119
DWELLING UNITS PLUS ONE PRIVATE RESIDENCE APPROVED , 119 DWELLING UNITS
PLUS ONE PRIVATE RESIDENCE REQUESTED ; 17 BUILDINGS APPROVED , 15
BUILDINGS REQUESTED ; 200 PARKING SPACES APPROVED , 210 REQUESTED ;
REVISIONS TO FLOOR PLAN , LOCATION OF PARKING AND EMERGENCY VEHICLE
ACCESS , AND PROVISION OF COURTYARD , REQUESTED . EAST KING ROAD , TOWN
OF ITHACA TAX :PARCEL NO . 6 - 44 - 1 - 4 . 31 , MULTIPLE RESIDENCE DISTRICT .
DAVID C . AUBLE , DEVELOPER ; ADOLPH J . COLLETTI , CONSULTANT .
Chairman May declared the Public Hearing in the above - noted
• matter duly opened at 8 : 50 p . m . , and read aloud from the Notice of
Public Hearings as posted and published and as noted above . Messrs .
Auble and Collet: ti were present .
Planning Board - 9 - January 20 , 1987
• Mr . Auble addressed the Board on the revised site plan . Four
large plans were put on the bulletin board .
Mr . Auble stated that since the January 6 , 1987 Sketch Plan
Review , they have met several times with the Town Planner and the Town
Engineer and have worked on fine - tuning the various aspects of the
entry roads , emergency access points , and reviewed impervious surfaces
and location of sewer lines - - all the various items of that type .
Mr . Auble stated that he had met with Nancy Ostman of Cornell
Plantations and with Shirley Egan , Cornell University Counsel , and
discussed their concerns for the South Hill Swamp and protecting that ,
and maintaining the previous agreement that Bill Manos had arranged
with Cornell University , Mr . Auble indicated that he saw no problem
in maintaining that . Mr . Auble stated that they were here to answer
any questions the Board might have and hoped that they could go forth
with approval . Mr . Auble stated that Mr . Colletti of Colletti
Engineering was here to answer any technical questions for the Board .
Mr . Adolph Colletti , Colletti Engineering , addressed the Board
and stated that the last time they were here they presented a
preliminary version of the site plan which now has incorporated that
discussion as to utilities , site drainage , non -pervious surfaces ,
landscaping and emergency access . Mr . Colletti stated that according
to the borings and previous construction on site , once one digs down
about two feet or so there is a rock situation of shale or fractured
• rock . They decided that since there were utilities in the ground ,
their goal , more than save the existing utilities which have been
abandoned for years and would require testing , etc . to make sure they
are in good shape , was to save the trenches , as the most important
asset up there . The existing sewers " in this area here " are
approximately in the range of six , seven , eight , nine feet down in the
ground which puts them seven to eight feet into the rock . What they
have attempted to do is utilize most of those trenches , not
necessarily to the same depth . The project sewer came up " here " and
went through what is where they have located these buildings " here " ,
and continued to the west of the existing retention pond . Their goal
was two - fold here - - one was to connect into the existing sewer , and
yet , move " this sewer line here " , yet maintain an easement for future
development . They believe that , given the nature of this area , it can
be expected that there will be development in the area and they did
not want to landlock other developers . There is sewer coming up King
Road in this direction and there is sewer here on Ridgecrest , but
should it be deemed necessary by a future developer , they did want to
give him the capability of getting to " this sewer here " .
Mr . Colletti noted that they took out four - inch water lines and
put in six- inch water lines . Also , they have installed hydrants
throughout the project - - there were hydrants before , but now there
are six - - with the average distance between any building and a
hydrant being 1 !: 0 feet . The reason they put in so many hydrants was
that they had the opportunity to . In certain cases , where they are
. bringing out an eight - inch water line and then deadending it just to
service a building , at the end of that line they would either have to
put in a blow- off or a hydrant . Given the cost difference , they
Planning Board - 10 - January 20 , 1987
• decided hydrant: rather than blow - off .
Mr . Collet: ti pointed out that in certain situations , sewers are
running underneath buildings and indicated a schematic showing how
they are doing that and how they are being extra - cautious and using
over - sized pipes made of ductile iron rather than cast iron , ductile
iron being much stronger , and putting a clean -out at either end of the
buildings with full - sized manholes , with just a clean - out being
normal . Mr . Colletti commented that with , really , millions of dollars
being invested up here , to do it right , they decided to put in
manholes . Mr . Colletti spoke of a service lateral for Building 11 .
Mr . Colletti st. ated that they want to minimize blasting and any major
construction for many reasons - - cost , environmental , local neighbors ,
etc .
Mr . Collet. ti pointed out that the entrance has been moved over
approximately 100 feet to accommodate what they anticipate the
development on the other side of the road might be . Given the lot
lines " over here " , they are trying to second -guess what a developer
might do on the other side , and given the minimum lot sizes , etc . ,
they thought this might very well be the best place . This will give
him , or her , a very opportune location for exit without making the
lots in this area less attractive .
Mr . Colletti noted some of the other things done , stating that
• they have added some very important items such as lighting on all the
landscaped courtyards site lighting and they have added
dumpsters , contained in a wood fence . Mr . Colletti pointed out for
the Board that it can be seen how the dumpsters and the turnarounds
will work . Mr . Colletti stated that , very importantly , they have
added fire access lanes to each of the buildings . They feel that good
unencumbered access to those buildings is very important . They
anticipate a twelve - foot wide paved access way " through here " which
would double as a walkway , etc .
Mr . Colletti stated that other items added are storm drainage
which basically follows very closely the original drainage plan - -
catch basins in the courtyards depositing water from the downhill side
and then allowing it to flow into " this swale here " with the same
percentage coming " this way " , overland , getting a certain amount of
sheet drainage into this stream catch basin " over here " and basically
maintaining that: balance of sheet drainage / catch basin drainage .
Mr . Collett: i recalled that it was suggested at the last meeting
that they put in a bus stop and that they have done " here " at the
access road with a shelter and a site light .
Mr . Collett: i pointed out on the drawing where they have shown a
line of blue spruce trees as a windbreak in the back which they also
thought was aesthetically very nice , but , it has come to their
attention that blue spruce may not be indigenous to the area , so , they
• may ask to change that at a later date to something more native .
With regard to the question of drainage , Mr . Colletti stated that
Planning Board - 11 - January 20 , 1987
• the original approved project had a total of buildings , roads , and
parking site coverage of approximately 11 % which is relatively very
low . Mr . Colletti stated that they have increased the size of the
buildings and the parking areas - - the paved areas - - because of the
islands and because they are not double - loading the roads , which may
not be as efficient , but they feel the courtyards are important enough
to do that . As a result , they end up with a 4 % increase in " nps "
[ non -pervious surfaces ] . Given Mr . Erdman ' s engineering report
earlier which had many over - design features which are utilized in the
neighborhood of 225 % - - and that does not account for another foot of
freeboard at the retention pond " here " , their interpretation was , also
given the size of the drainage area with respect to which Cornell
University recommended , they believed , five acres for every million
gallons , they are here with about 25 acres - - so , they felt that left
them with a lot of room - - no borderline situations here .
Mr . Colletti stated that there were a couple of items that when
they started developing this plan and through some of their meetings
with Ms . Beeners and Mr . Flumerfelt , one of which was that they do not
know yet if " this easement " on the existing sewer line has been
located . On their records , they did not have anything , however , they
showed the sewer . If there is not an easement , they should get one ;
if there is it will be put on the plan .
Mr . Colletti stated that that , essentially , is the work they have
• done , as well as the basic spot elevations , finished floor elevations
of the buildings , etc . Mr . Colletti stated that he would be happy to
answer any questions .
Chairman May thanked Mr . Auble and Mr . Colletti and , noting that
this was a Public Hearing , asked if there were anyone who wished to
speak .
Attorney Shirley K . Egan , Associate Cornell University Counsel ,
spoke from the floor and described Cornell ' s long - standing - - about
twenty - five years ' worth - - interest in the South Hill Swamp , adding
that even back before that , indeed , the South Hill Swamp was
identified as a unique natural area early in the 19th century .
Attorney Egan stated that they must commend Mr . Auble for expressing
his interest in cooperating with them , and also , how they are pleased
with the attention and ear of the Board in listening to them .
Attorney Egan described the unique aspects of the Swamp ,
particularly it :D geology which permits it to be what it is . Attorney
Egan expressed Cornell ' s concern with any blasting and requested that
it be included in any notification of residents within 500 feet as to
blasting , commenting that it may well be that Cornell would not be
construed as a resident , but it is a neighbor . Attorney Egan was
interested in not only notification but also , if it would be possible ,
with getting from those who would be in charge of any blasting some
" working with it " , to make sure that the direction and size of the
• blasting that iS going to be used is best designed so that the geology
is not wrecked so that suddenly the South Hill Swamp is no longer
doing what it has been doing for the millenium . Attorney Egan stated
Planning Board - 12 - January 20 , 1987
• that that was one concern she had , adding that there is a lot of rock
up there and she did not know , and perhaps , nobody up at Plantations
has any way of knowing , what blasting would mean . Attorney Egan
stated that she did not know if there may be anybody who does , but
they would like to have a crack at it - - no pun intended . Attorney
Egan reiterated that due to the geology , the Swamp is unique , and
Cornell is concerned whether blasting could have an upsetting effect
on the unique geology which enables the water to come in and be
retained and be released very slowly .
Next , referring to the plan , Attorney Egan asked if this plan , as
it is , shows the westernmost access road as it was on the Manos plan ,
adding that they had an agreement with Manos . Attorney Egan indicated
the " half - hairpin road " that is shown . Mr . Colletti located where
Attorney Egan was referring to and responded that it was exactly the
same . Attorney Egan stated that they had an agreement with him and
she was not sure if that was read into the record . Attorney Egan
commented that many elements of the agreement agreed to in advance of
the hearing were , almost all , taken up verbatim and they were very
happy about that . Attorney Egan stated that what they had agreed and
signed with Mr . Manos was that that road would be moved farther to the
east . Again , it struck them , when they met with Mr . Auble last week ,
that that road was sort of nicely situated so that if somebody wanted
to view the sunset over the Lake , and maybe , it would make a nice
little scenic spot , to stop and tromp off and go picnicking , for
• someone not going into the residences . Attorney Egan wondered why it
was so far to the west and , therefore , inviting , she would not say ,
directing , but inviting someone to aim more to the west , seemingly
removed from thin. project , to where the particularly fragile area is .
Chairman May asked Attorney Egan how much farther to the west the
Cornell property line is . Attorney Egan , noting that Cornell does not
come out to the road , indicated , using the drawing on the bulletin
board , where the Cornell property is located , commenting that she did
not know the exact distance . Attorney Egan stated that that was in a
prior agreement with Mr . Manos , adding that she was not sure whether
it had been made a part of the approval previously , but Manos had
agreed to it .
Ms . Nancy Ostman , Cornell Plantations , spoke from the floor and
stated that their concern when they talked with Mr . Manos was that the
road , being where it is , there is a section of the road that could
lead into the Swamp , and that is additional salt , gasoline , or
chemical drainage that would be directed toward the Swamp , whereas , if
it were moved over , not too many feet , the drainage would be going
downhill away from the Swamp which would be a considerable improvement
for Cornell .
Ms . Beeners stated that she has found no indication in any of the
resolutions dealing with this project of any condition that the road
be moved from the location that it is shown in here in the plan .
• Chairman May noted that the Cornell property goes out to this
" border " that is shown " here " . Attorney Egan showed this on the map
Planning Board - 13 - January 20 , 1987
• and stated that: " this " is not the whole Swamp , indicating a very large
area .
Chairman May stated that his recollection was that the agreement
that was made here was that that road was pulled back , adding that he
had no recollection of exactly how far , however , it would appear that
it certainly has been pulled back significantly from the western
boundary .
Mr . Mazza asked if there were any reason why it is in that place .
Mr . Colletti re= sponded that it gives lots of room for this turning
" here " . Mr . Colletti stated that he believed some of the concerns
raised here in terms of runoff , etc . from the road heading toward the
swamp , that with some surface drainage , some of the runoff could be
picked up and re - directed back " here " , adding that that would not be
too difficult .
Mr . Colletti stated that , in terms of the point about it being a
scenic point - - thank you - - that is the object . Mr . Colletti stated
that he was not: really sure how they are going to contend with that ,
but he will certainly work with the drainage " here " . Mr . Colletti
stated that he would like to say , for the record , that when he first
heard about the South Hill Swamp , he pictured a swamp , but , once he
read all the correspondence , etc . , he became very aware of how fragile
and how important the Swamp is . Mr . Colletti stated that he looked
• forward to working with Cornell University in trying to do everything
they can do about that . Mr . Colletti stated that the concerns about
the Swamp are very well - founded and he will work in this area in terms
of site drainage , etc . to try to keep the original drainage into the
Swamp as original as possible . Mr . Colletti commented that ,
unfortunately , the Swamp is located in the Town of Ithaca in a very
desirable , highly developable area , and they are but one neighbor .
Mr . Colletti stated that they want to be a good neighbor and they will
do what they can about surface drainage , salts , etc . Mr . Colletti
mused that also vegetation can be used to help buffer runoff of
foreign matter .
Chairman May asked if there were not some of the old foundations
to the west of " that " entrance , with Mr . Colletti responding , yes .
Chairman May remembered that that was one of the things agreed - - one
or two of those foundations would be abandoned and the road would be
to the east of that .
Attorney Egan quoted from an agreement signed by Mr . Manos with
Cornell , stating that it was agreed , " The westernmost end of the
interior roadway on his property will not extend beyond approximately
the westernmost building of the development . " Attorney Egan offered ,
so , what it was talking about was that the driveway would end up like
" this " [ indicating ] ; it really was not in reference to the western
boundary line , it was in reference to the westernmost building .
Chairman May added , yes , the westernmost building of the original
development . Attorney Egan responded , no , stating , " as shown on the
December 15 , 1982 plans . "
Planning Board - 14 - January 20 , 1987
• Mr . Auble stated , referring to the service road and discussion of
salt and runoff , that this is going to happen with other developments
there , for one thing , and secondly , you have normal road surfaces
there - - highways - - which are going to be treated a lot more heavily
with any salts and those types of things than their driveway / service
road would be . Mr . Auble stated that he thought you were going to
have , whatever the problem you might have for that service road , that
problem is going to be the same with the highway there . Mr . Auble
stated that , as far as he was concerned , he had no problem , based on
some engineering assistance , with modifying the road location , but , he
thought , from -the Town ' s standpoint , they are going to want to have
some say about that road location , or that entry , based on what might
happen across the road .
Mr . Klein wondered if that is why it is located so far away . Mr .
Auble stated that it is only located there , basically , because that
was the original site plan approval and all they are going in with is
for minor modifications to the original site plan . Mr . Auble pointed
out that that would just be one more change which , if it is requested
by the Board , he saw no problem . Mr . Klein stated that he thought
they had just heard that the road was not past the western boundary .
Mr . Mazza noted that that was the agreement . Attorney Egan stated
that Manos had agreed that he would move it so that it would be not
beyond the westernmost building . Ms . Beeners pointed out that that
was not a part of anything that came before the Town . Attorney Egan
• responded , apparently not . Chairman May stated that the Board may
remember that , originally , Mr . Manos was going to use the original
foundations and he agreed to abandon those on the westerly edge and
his road was going to be east of that edge . Chairman May stated that
that would seer to be it and that is why he was questioning this .
Attorney Egan responded to the Chair that he may be right , adding that
she just did not know , and further adding that she thought it was
still of a concern because it is still part of the drainage area .
Attorney Egan . stated that she agreed that all of King Road might be
creating a hazard , but it did not seem to her to be a reason to throw
up our hands and say that the whole thing is a bloody disaster and we
should not do ZLnything . Attorney Egan stated that every little bit
helps - - every little bit that can be minimized - - and , if there is
not some other reason , let us see if we can create a " win / win "
situation for everyone . Mr . Mazza offered , regardless of what
happened before ,. Attorney Egan responded , yes , adding that they are
requesting it now .
Mr . Mazza asked Mr . Auble if there were any compelling reason why
he has it where it is located . Mr . Colletti responded , not really ,
adding that the compelling reason was to maintain the original site
plan as originally approved , but , as Mr . Auble has stated , it may not
be a problem . Mr . Klein commented that it would be less expensive to
move it . Mr . Colletti agreed that it could be moved over a little
which would be less expensive . Chairman May stated that that would be
fine - - as long as adequate distance for emergency vehicles is
• maintained .
Attorney Egan stated that , not to jump too far ahead , the only
remaining thing she had , commenting that Ms . Ostman might have more ,
Planning Board - 15 - January 20 , 1987
• was that she was looking over the draft resolution and she saw a
recommendation to the Town Board to incorporate the conditions about
herbicides and cats and other things that have to do with plantings ,
but , in the final approval of the Planning Board , the Planning Board
does not seem to incorporate all those conditions . Commenting , at the
rish of using both suspenders and a belt , Attorney Egan stated that
she would request that those conditions be tacked on so that the
Planning Board ' s people have those also , since they were good enough
to do that once before for them .
Ms . Beeners stated that , as she reviewed the draft resolution
with Town Attorney Barney , the language on page 5 , paragraph 1 , being
that " The developer shall comply with all conditions and requirements
set forth in Local Law No . 3 - 1983 , and associated resolution , as the
same may be amended from time to time ; " , she believed that would cover
the concerns Attorney Egan expressed . Attorney Egan asked if those
conditions were part of the Local Law , with Ms . Beeners responding ,
yes . Ms . Beeners stated that the conditions that got tied into the
Local Law for this project were rather mind -boggling because they were
not only the conditions set up in the Local Law , but also the
conditions in the Town Board Resolution , the Planning Board conditions
based on Site :Plan Approval , and also , the conditions set forth in
Part III of the Environmental Assessment Form dealing with certain
mitigating measures . Attorney Egan stated that she would rely on Ms .
Beeners in that case .
Ms . Ostman stated that she had a question about one of the
modifications , noting that the requirement about the project moving in
phases from east to west was dropped . Ms . Ostman asked if there were
an explanation for this , adding that she just wanted to be assured
that the westernmost parcel would remain undeveloped . Ms . Beeners
stated that , as a practical matter , it would not seem that anything
would be gained by having that requirement . Attorney Egan offered
that Manos proposed going in phases anyway . Ms . Beeners continued ,
stating that , as an ecological matter , it would be just as beneficial
to have a western cluster developed and stabilized . Ms . Beeners
stated that having that development stabilized on the western end
would be just as important to Cornell as having any kind of a " process
of building " . Attorney Egan stated that , as she recalled ,
construction trucks would access from the east driveway rather than
the west driveway . Attorney Egan suggested that , perhaps , it could be
informally agreed upon that trucks would come in on the eastern side .
Chairman May offered that it could be agreed upon but , realistically ,
the truck drivers will do it the way they want .
Ms . Ostman, stated that the explanation was fine with the
prohibitions by plantings against access or some such attractive
barrier .
Chairman May asked if there were anyone else from the public who
wished to speak to this matter . No one spoke . Chairman May closed
the Public Hearing at 9 : 25 p . m .
Mr . Mazza asked about the timeframe for the project - - start ? - -
finish ? Mr . Colletti stated that construction will begin in the
Planning Board - 16 - January 20 , 1987
• Spring , the object being to build as soon as possible . Mr . Mazza
wondered if they were anticipating building the entire project this
year . Mr . Auble stated that they have discussed those matters which
are basically construction management and financing package
situations , and they would like to get through at least one
construction season with at least one - third to one - half of the units
completed as well as preparation for the second season , and then go
straight throucfh , so that by the end of the second construction season
the entire development will be completed .
Mr . Mazza asked who the owners of this land and developers of
this project were . Mr . Auble stated that he was the owner and the
developer . Mr ., Mazza wondered who Henry Cesari was whose name keeps
appearing on correspondece the Board receives copies of . Mr . Auble
stated that Mr . Cesari may or may not be involved as a partner .
Mr . Klein asked if these were to be rental units , with Mr . Auble
responding , ye : . Mr . Klein noted that it was not to be , then , condos
or a cooperative , with Mr . Auble responding , no .
Commenting that the units are quite big and spacious , Mr . Klein
asked how big they were to be . Mr . Auble stated that they are
basically 1 , 000 square feet units with two bedrooms and two bathrooms .
Mr . Klein stated that the landscaping plan was very ambitious and that
is good , but he thought he would like to see something a little more
• organized - - or something . Mr . Klein , commenting that it looks like
somebody took a tree stamp and saturated the site with trees , stated
that he appreciated the intent - - there is a lot of planting here
but it could be a little better arranged .
Chairman May asked Mr . Frost if he had talked with the Fire
Chief , Mr . Frost stated that he and Mr . Flumerfelt had talked with
Mr . Olmstead but , unfortunately , with the fire contract that is still
going on with the Town there are some fire code requirements that are
more stringent than building code . Mr . Frost stated that the Building
Code speaks about providing access for emergency vehicles , however , it
seems that what the fire department wants for access may be more
restrictive than the code . Mr . Frost stated that all he could say at
the moment is that they are working on it . Chairman May stated that
his concern was that the equipment is getting bigger . Mr . Frost
stated that the largest truck with the pads opened up is 18 feet wide
and Mr . Auble is providing 20 - foot access . Chairman May stated that
he was a little bit concerned about the islands in the middle and the
trucks being able to turn around and leave . Mr . Frost reminded the
developer that there may be matters which have to be considered at the
time of building permit issuance .
Town Engineer Flumerfelt stated that this plan has far better
access than the previous plan as far as being able to get emergency
vehicles in . Mr . Flumerfelt offered that , if the largest piece of
equipment that the fire department has has to make every turn , there
may need to be some minor changes as to radii for the road or parking
lot , but they would be minor now . Chairman May stated that the access
to the buildings is excellent .
Planning Board - 17 - January 20 , 1987
. Chairman May asked Ms . Beeners to proceed with what needed to be
done tonight .
Ms . Beeners stated that what she was proposing that the Board do ,
as in this draft resolution which Town Attorney Barney and she hashed
over with Mrs . Fuller ' s great assistance , is to propose certain
modifications -to the Local Law in place . Ms . Beeners stated that ,
first , she and other staff in doing the review of the Auble project ,
feel that it does not represent a significant change in the size or
scope of the original project . They have compared the Long EAFs for
both projects and looked carefully .at the environmental review done on
the original proposal . Ms . Beeners stated that she was recommending a
reaffirmation of the negative declaration subject to the conditions in
the resolution which indicate that it can be the Planning Board acting
as Lead Agency for this project . Commenting that she guessed you sort
of have to read it to capture the whole spirit or intent of this draft
resolution , Ms .. Beeners pointed out that , on page 3 of the draft
resolution , she is recommending that the Planning board recommend
approval of this revised plan to the Town Board because , at this time ,
the Town Board is the approving agency for this project . Ms . Beeners
stated that she is further recommending , as it goes on on page 3 , that
certain modifications be made to Local Law No . 3 - 1983 to delegate
those responsibilities , as far as any change in construction
development and use of the parcel , to the Planning Board and delete
the Town Board in that part of the Law , or , in the case of minor
• changes to the site , as we probably can anticipate as part of the just
routine changes or reviews that staff will be doing all the way down
the line to granting a building permit - - this has been done in
similar large - scale projects - - that , if there is a minor change which
does not represent a significant one , if we get the Planning Board
Chairman ' s concurrence on the significance of such change , and it can
be decided at that point whether it is brought back to the Planning
Board for review as a change in the site plan . Ms . Beeners stated
that also proposed is an extension of the time period for
implementation of the project to April 1990 . Ms . Beeners stated that
there is a recommendation to delete paragraph 1 . E . of the Resolution
annexed to the Local Law as it refers to " remaining " undeveloped land .
Ms . Beeners noted another recommendation having to do with just
language changers in the Local Law to properly reference the section .
Moving on to the next recommendation , Ms . Beeners stated that
confirmation would be needed with respect to whether the requirement
that the project proceed in phases from east to west by removed , as
recommended , at this time or whether the Board might see some reason
for having that . Ms . Beeners noted the recommendation with respect to
blasting which was in Part III of the 1983 SEQR proceedings , which
places a 500 - foot distance on people who have to be notified in
advance of blasting . Ms . Beeners stated that , perhaps , after
tonight ' s discussion , some language could be added to that , such as ,
that Cornell be notified as to blasting procedures . Chairman May
suggested that it just state Cornell Plantations .
• Ms . Beeners stated that , further , on page 5 , she was proposing
that the Board grant approval to the plan it has seen tonight with
conditions - - ( 1 ) complying with the conditions and requirements in
Planning Board - 18 - January 20 , 1987
Local Law No . 3 - 1983 and all the preceeding resolutions that may have
occurred in thepast ; ( 2 ) providing a 20 - foot permanent easement and
additional temporary easements for the construction of a sewer main in
the future from the west end of where their sewer would end to King
Road , with the final location determined by the Town Engineer . Ms .
Beeners stated that at this time there should not be any significant
impact in locating that in relation to the Cornell land .
Chairman Play wondered if there should not be a reference in the
conditions of the Planning Board granting final approval about the
Town Board approving the changes in the Local Law , Town Attorney
Ruswick suggested that , at least , the Planning Board should make any
resolution subject to the Town Board modifying the four - year
requirement . Chairman May asked if it should be noted that extending
the right to the Planning Board should be added to # 1 on page 5 . Ms .
Beeners said that the Town Attorney had carefully worded the paragraph
and , perhaps , it would be best to leave it to read the way it is - -
" and associated, resolution , as the same may be amended from time to
time , " - - and , as subject to the approval by the Town Board of the
extension of the time that would be required to complete the project .
Town Attorney Ruswick stated that , perhaps , it would be best to have a
new first paragraph - - a new paragraph numbered 1 - - stating , subject
to the Town Board amending Local Law No . 3 - 1983 to extend the 48 -month
time period in which construction is to be completed . Ms . Beeners
agreed .
Chairman Play wondered about the notification of blasting . A
notification period of 48 hours was discussed . Attorney Egan reminded
the Board that it was not so much notification that was important ,
what was important was the planning . Chairman May commented that , as
to planning , Cornell is aware of planning now . Mr . Colletti stated
that 48 - hour notification was reasonable . Mr . Auble stated that there
is , really , a very good chance that there will be no blasting at all .
Mr . Mazza stated that 48 -hours was reasonable , and with the
cooperation indicated by the developer , it would seem that he would
talk to Cornell as soon as he possibly could .
There appearing to be no further discussion forthcoming on the
draft resolution , Chairman May stated that , first thing , the Board
should look at the SEQR form and noted that a long form has been
completed and signed by Mr . Auble , dated December 23 , 1986 , revised
January 9 , 1987 , with a recommendation by the Town Planner for a
reaffirmation of` a negative declaration subject to certain conditions .
Chairman May stated that , certainly , there have been minimal changes .
Chairman May noted that one of the boxes has to do with blasting and
asked if blasting were listed . Ms . Beeners stated that it was ,
referring to # 6 on page 1 . Chairman May asked if there were any
questions or comments on any of the answers .
There appearing to be none , Ms . Beeners stated that most , in
fact , the only page on which there were any changes from the Manos '
• project , and they were changes which she did not think were
significant , were in items # 9 through # 12 , on page 2 , dealing mostly
with the areas covered by impervious surfaces , gross building size ,
Planning Board - 19 - January 20 , 1987
• the number of units - - that sort of information - - a few changes - -
reduction in parking . Ms . Beeners stated that in evaluating the
original Manos ' Majestic Heights EAF in this section and the current
proposal there was not that great an increase in impervious surfaces ,
as Mr . Colletti stated , only a 4 % increase in nps . Ms . Beeners noted
that there war.; an increase in gross building size , which was not
correctly listed on the Manos ' Form - - you have to do some
calculations there - - of approximately 40 , 000 square feet , but it was
an improvement which is not significant as far as impervious surfaces
go , and is also an improvement as far as marketability of the units
and represents a change from one to two bedrooms which is an
attractive advantage and not of significant impact .
Chairman Play asked if anyone wished to make a resolution on the
EAF .
MOTION by Mr . Robert Kenerson , seconded by Mr . David Klein :
RESOLVED , that the Town of Ithaca Planning Board both approve and
adopt and hereby does both approve and adopt the following SEQR Report
as presented at Public Hearing , January 20 , 1987 , by Susan C . Beeners ,
Town of Ithaca Planner .
SEQR Report with respect to the Revised Plan for the former
" Majestic Heights " development , Town of Ithaca
Tax Parcel No . 6 - 44 - 1 - 4 . 31 . David C . Auble ,
Owner / Developer .
Presented : Planning Board , January 20 , 1987 .
Reviewer : Susan C . Beeners , Town Planner .
The :Former Majestic Heights development was determined
to have no significant adverse impact on the environment
and was granted Final Site Plan Approval by the Planning
Board on January 18 , 1983 and by the Town Board on February
71r 1983 . Town of Ithaca Local Law No . 3 - 1983 , effective
March 28 , 1983 , changed the zoning classification of the
subject parcel to Multiple Residence District from
Residence District R15 .
The present applicant , David C . Auble , proposes to
comply with all pertinent requirements , conditions , and
regulations that were established at the time of the
referenced 1983 Majestic Heights approval which were
intended to mitigate any potential adverse environmental
impacts .
Having compared the documents and plans that have been
submitted for the current proposal with the submissions for
the previous Majestic Heights proposal , the reviewer finds
that the -two projects are substantially similar , with the
• following improvements noted in the current proposal :
Improved alignment of eastern site entrance .
Planning Board - 20 - January 20 , 1987
• Provision of bus stop .
Improved access from parking areas to buildings .
Provision of rental management office .
Fewer buildings , with an improved architectural
design .
The plan revisions currently proposed are not
considered to significantly alter the scale or scope of the
project as it was originally proposed . Subject to
compliance with all pertinent requirements , conditions , and
regulations that were either established at the time of the
original 1983 approval or that are recommended to be
modified at this time or that are part of routine project
approval by various agencies , the approval of the Revised
Plan for the former Majestic Heights development , with the
modifications that are recommended to be made to Town of
Ithaca Local Law No . 3 - 1983 , will have no significant
adverse environmental impact , and a negative declaration of
environmental significance is recommended .
There being no further discussion , the Chair called for a vote .
Aye - May , Grigorov , Mazza , Klein , Kenerson .
Nay - None .
• The MOTION was declared to be carried unanimously .
Chairman May asked the Board to look now at the draft resolution
for the revised plan with the noted modifications which the Board has
already talked about . Chairman May asked if there were any additions
or comments on that . There being no comments forthcoming , Chairman
May asked if somebody wanted to make a resolution .
MOTION BY Mr . Robert Kenerson , seconded by Mrs . Carolyn Grigorov :
WHEREAS :
1 . This action is the consideration of approval of the Revised
Plan for the former Majestic Heights development , located in a
Multiple Residence District on East King Road , Town of Ithaca Tax
Parcel No . 6 - 44 - 1 - 4 . 31 , and the consideration of a recommendation to
the Town Board that certain modifications be made to Town of Ithaca
Local Law No . 3 -, 1983 .
2 . The former Majestic Heights development was granted Final
Site Plan Approval by the Planning Board on January 18 , 1983 and by
the Town Board on February 7 , 1983 . Town of Ithaca Local Law No .
3 - 1983 , effective March 28 , 1983 , changed the zoning classification of
the subject parcel from Residence District R- 15 to Multiple Residence
District .
• 3 . The Planning Board , on January 6 , 1987 , conducted a Sketch
Plan Review of the proposed revisions , and , on January 20 , 1987 , at
Public Hearing , reviewed the Revised Plan , a Long Environmental
Planning Board - 21 - January 20 , 1987
Assessment Form dated December 23 , 1986 , revised January 9 , 1987 , and
a report from the applicant ' s Engineer .
4 . The Planning Board , on January 6 and January 20 , 1987 , also
reviewed documents relating to the original site plan and rezoning
approvals . The Planning Board in 1983 acted as Lead Agency for the
Type I coordinated environmental review of the site plan and rezoning
request presented at that time and is in like manner acting as Lead
Agency for the Type I coordinated environmental review of the
aforementioned currently proposed Revised Plan . Involved agencies are
being notified as to this determination and this proposal as required .
5 . The Town Planner has recommended that the revisions to the
project do not represent a significant change from the size or scope
of the project as it was originally approved , and that a negative
declaration of environmental significance for the project be
reaffirmed , subject to certain conditions and requirements .
THEREFORE , IT IS RESOLVED :
THAT the Planning Board , acting as Lead Agency in the
environmental review of this Type I action , find and hereby does find
that the revisions to the project as presented on January 20 , 1987 do
not represent a significant change from the size or scope of the
project as it was originally approved in 1983 .
• THAT the Planning Board reaffirm and hereby does reaffirm the
negative declaration of environmental significance for the
aforementioned Revised Plan as presented on January 20 , 1987 , subject
to certain conditions and requirements .
THAT the Planning Board finds due cause for continuance of the
development of the partially developed subject 30 - acre parcel as a
Multiple Residence project and recommends that the Town Board approve
the aforementioned Revised Plan as presented to and approved by the
Planning Board at Public Hearing on January 20 , 1987 .
THAT the Planning Board recommends to the Town Board that Section
3 , paragraph C , of Local Law No . 3 - 1983 be modified to read : " No
buildings and residential units in excess of those approved by the
Town Planning Board on January 18 , 1983 shall be permitted and that
the construction , development and use must comply in all respects with
the site plans and conditions of approval and rezoning adopted by the
Town Planning Board on January 18 , 1983 and by the Town Board on
February 7 , 1983 and with the Revised Plan as approved by the Planning
Board on January 20 , 1987 , and that no variance in the construction ,
development , and use of the parcel shall be permitted except as may be
permitted by the Town Planning Board , or , by such person or agent of
the Town as the Planning Board may designate in the case of such minor
changes which do not increase the size or scope of the project or vary
the intended use of the site . "
• THAT the Planning Board finds that the present applicant would
reasonably require a period of approximately thirty - six ( 36 ) months
Planning Board - 22 - January 20 , 1987
from the date of enactment of any local law amending Local Law No .
3 - 1983 to commence and complete the construction of improvements on
the project , . and recommends to the Town Board that Section 4 ,
paragraphs B and C of Local Law No . 3 - 1983 be amended to extend the
time therein set forth to April 1 , 1990 in lieu of 48 months after
original enactment of such Local Law .
THAT the Planning Board recommends to the Town Board that
paragraph l . E . of the Resolution annexed to Local Law No . 3 - 1983 be
deleted .
THAT the Planning Board recommends to the Town Board that the
references in Section 3 , paragraph A , of said Local Law No . 3 - 1983 ,
to " paragraphs ' A ' , ' B ' , and ' C " of said Resolution be amended to be
references to Section 1 , paragraphs " A " , " B " , and " C " of said
Resolution .
THAT the Planning Board recommends to the Town Board the removal
of the requirement that the project proceed in phases from east to
west across the site , as set forth in Part III of the Environmental
Assessment Form filed in the SEQR proceedings conducted by the
Planning Board on January 18 , 1983 .
THAT the Planning Board recommends to the Town Board that the
notification requirement , as set forth in Part III of the
• Environmental Assessment Form filed in the SEQR proceedings conducted
by the Planning Board on January 18 , 1983 , be modified to read : " The
developer shall notify , in writing , residents in the area within a
500 - foot distance of the project who might be affected by any blasting
for utility , foundation , or other construction , reasonably in advance
of the date when such blasting will occur , giving the date and hour .
The developer shall specifically notify Cornell Plantations , in
writing , a minimum of 48 hours prior to any such blasting , and is
requested to contact Cornell Plantations , for purposes of preliminary
planning , as soon as it is known that any blasting may be going to
occur . "
THAT the Planning Board grant and hereby does grant Final
Approval to the aforementioned Revised Plan as presented at Public
Hearing on January 20 , 1987 , SUBJECT TO THE FOLLOWING CONDITIONS AND
REQUIREMENTS :
1 . The amendment of Town of Ithaca Local Law No . 3 - 1983 by the Town
Board extending the 48 -month time period in which construction is
to be completed to April 1 , 1990 ; and
2 . The developer shall comply with all conditions and requirements
set forth in Local Law No . 3 - 1983 , and associated Resolution , as
the same may be amended from time to time ; and
3 . The developer shall , at his expense , provide the Town with a
• 20 - foot permanent easement , and additional temporary easements as
may be necessary , for the construction and maintenance of a
future public sanitary sewer main from the westerly end of the
Planning Board - 23 - January 20 , 1987
• proposed public sanitary sewer main , as shown on the
aforementioned Revised Plan , to East King Road in a location
within the westerly 600 feet of the southerly property line of
the subject property , the final location thereof to be determined
by the Town Engineer , and
4 . Prior to the issuance of any building permits , the developer
shall obtain approval of the Town Engineer for the final site
development construction drawings including landscape plan and
schedule as approved by the Town Planner .
By way of discussion , Attorney Egan asked if there were to be
nothing official on the road ' s movement over . Mr . Auble stated that
they are happy to cooperate in any way as long as the Town Engineer
agrees with the location . Chairman May stated that he thought that
was fine .
There being no further discussion , the Chair called for a vote .
Aye - May , Grigorov , Mazza , Klein , Kenerson .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman May declared the matter of the Auble development duly
• closed at 9 : 50 p . m .
Mr . Auble thanked the Board for its time and consideration .
Chairman May thanked those present also . Attorney Egan stated that
she thought they were in good shape . Chairman May stated that he
thought there was a very cooperative developer here .
PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR
THE PROPOSED SUBDIVISION OF FOUR BUILDING LOTS FROM A 16 . 74 ACRE
PARCEL LOCATED BACKLOT OF 104 RIDGECREST ROAD , TOWN OF ITHACA TAX
PARCEL NO . 6 - 45 - 1 - 2 . 6 . GRACE CASCIOLI , OWNER ; VINCENT FRANCIAMONE ,
AGENT . AND FURTHER , IN ORDER TO PROVIDE ACCESS TO SAID PROPOSED
CASCIOLI SUBDIVISION , CONSIDERATION OF PRELIMINARY SUBDIVISION
APPROVAL FOR THE PROPOSED SUBDIVISION OF ONE BUILDING LOT AND ONE
PARCEL FROM A 1. 7 . 6 ACRE PARCEL LOCATED ON EAST KING ROAD , WEST OF
RIDGECREST ROAD ,, TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 2 - 9 . PAUL B .
ERDMAN , OWNER ; VINCENT FRANCIAMONE , AGENT .
Mr . Franciamone was not present .
Ms . Beeners referred the Board members to her letter , dated
January 14 , 1987 , to Mr . Vincent Franciamone with attachments - - a
drawing , and a Short EAF , Ms . Beeners stated that Mr . Franciamone
came into the office with a plan early last week - - January 12th . Ms .
Beeners stated that he has been advised that it did not meet the
requirements .
Chairman May stated that Mr . Franciamone is off the Agenda at
this point . Chairman May stated that the Board does not need to take
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Planning Board - 24 - January 20 , 1987
1
any action at this point , however , we do have a public hearing
published .
Ms . Beeners stated that more information has been requested on
this project , so , perhaps , the Board could open the Public Hearing and
request more information .
Mr . Mazza stated that he did not feel comfortable adjourning it
to a specific date . Chairman May stated that we have to open the
Public Hearing , it is a published Notice . Chairman May stated that he
thought the Board needs to state that it will not publish it again
until all material is in - - in and satisfactory . Ms . Beeners noted
that the Board was acknowledging that additional information was
needed .
Chairman :May declared the Public Hearing in the above - noted
matter duly opened at 9 : 54 p . m . and stated that there was no public
present to make comment , either for or against this project , and
further , it is determined that there is a letter from Town Planner
Beeners to Mr . Franciamone indicating that the information presented
was not complete , was not appropriate , or was not filed . In view of
this , Chairman May stated that he would MOVE :
THAT the Public Hearing be closed and that a new public hearing
will not be rescheduled for this until such time as all material is in
and has been accepted by the Town staff as being complete .
There being no further discussion , the Chair called for a vote .
Aye - May , Grigorov , Mazza , Klein , Kenerson .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman May stated to Ms . Beeeners that Mr . Franciamone is off
the Agenda until she has everything in her hands and has reviewed it
for completeness .
Chairman May declared the matter of the Cascioli / Franciamone ,
Erdman / Franciamone subdivision duly closed at 9 : 58 p . m .
APPROVAL OF MINUTES - April 1 , 1986
MOTION BY Mrs . Carolyn Grigorov , seconded by Mr . David Klein :
RESOLVED , by the Town of Ithaca Planning Board that the Minutes
of the April 1 , 1986 meeting of the Town of Ithaca Planning Board be
and hereby are approved as submitted .
There beincr no further discussion , the Chair called for a vote .
• Aye - May , Grigorov , Mazza , Klein , Kenerson .
Nay - None .
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Planning Board - 25 - January 20 , 1987
i
The MOTION was declared to be carried unanimously .
APPROVAL OF MINUTES - October 21 , 1986
Mrs . Fuller presented four corrections to the October 21 , 1986
Planning Board. Minutes , as follows : Page 7 - 1 , 000 should be
1 , 000 , 000 , Page 13 - parameter should be perimeter ; Page 14 - six foot
driveway should be sixty foot driveway , Page 27 an, fueling footer pump
station should be full - fledged pump station .
MOTION by Mrs . Carolyn Grigorov , seconded by Mr . David Klein :
RESOLVED , by the Town of Ithaca Planning Board that the Minutes
of the October 21 , 1986 meeting of the Town of Ithaca Planning Board
be and hereby are approved with four corrections as noted .
There being no further discussion , the Chair called for a vote .
Aye we May , Grigorov , Mazza , Klein , Kenerson .
Nay - None .
The MOTION was declared to be carried unanimously .
ADJOURNMENT
Upon Motion , Chairman May declared the January 20 , 1987 meeting
of the Town of Ithaca Planning Board duly adjourned at 10 : 13 p . m .
Respectfully submitted ,
Mary S . Bryant , Recording Secretary ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Planning Board .