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HomeMy WebLinkAboutPB Minutes 1987-02-03 ' FILED TOWN OF ITHACA Clerk . E2 _ . . ,. TOWN OF ITHACA PLANNING BOARD FEBRUARY 3 , 1987 The Town of Ithaca Planning Board met in regular session on Tuesday , February 3 , 1987 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Virginia . Langhans , William Lesser , James Baker , Robert Kenerson , Edward Mazza , David Klein , Carolyn Grigorov , John C . Barney , Esq . ( Town Attorney ) , Robert R . Flumerfelt ( Town Engineer ) , Susan C . Beeners ( Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) . ALSO PRESENT : John Ullberg , Dr . John D . Wayman , Richard L . Atkins , Robert E . Cook , . Douglass M . Payne , Edward Cobb , Karl Niklas , Mary Wessel , Frances Connelly , Mary Trochim , Attorney Elizabeth Bixler , Donald Layton , William E . Harding , Jack Burns , Robert Hines , Esq . , Stephen S aggese , Vincent Franciamone , Jagat P . Sharma , Thomas P . Niederkorn , Peter D . Novelli , William Raffel ( ICB -TV , WICB -FM ) , Fred Yahn ( Ithaca Journal ) . Chairman :May declared the meeting duly opened at 7 : 30 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 26 , 1987 and January 29 , 1987 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the parties with interest on January 29 , 1987 . Mrs . Langhans welcomed Dr . William Lesser , the Planning Board ' s newest member . The Board members expressed their greetings also . APPROVAL OF MINUTES - May 22 , 1986 MOTION by Mr . Robert Kenerson , seconded by Mr . David Klein * RESOLVED , by the Town of Ithaca Planning Board , that the Minutes of the May 22 „ 1986 meeting of the Town of Ithaca Planning Board be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Langhans , Lesser , Baker , Kenerson , Mazza , Klein , Grigorov . Nay - None . The MOTION was declared to be carried unanimously . PRIVILEGE OF THE FLOOR Mr . Frost distributed to each Board member a . copy of his January 1987 Report of Building Permits Issued to which was attached his Planning Board 2 February 3 , 1987 January 1987 Report of Building / Zoning Activities . PUBLIC HEARIA{G : SITE PLAN REVIEW AND CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL OF A SCHOOL USE FOR THE PROPOSED NEW CORNELL PLANTATIONS SERVICE BUILDING , PROPOSED TO BE LOCATED ON CALDWELL ROAD NEAR THE INTERSECTION OF CALDWELL ROAD AND FOREST HOME DRIVE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 67 - 1 - 8 , RESIDENCE DISTRICT R - 30 . CORNELL UNIVERSITY , OWNER ; JOHN ULLBERG , AGENT . 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 . Ullberg was present and appended drawings for the proposed facility to the bulletin board . Mr . Ullberg , Cornell University Campus Planning Landscape Architect , addressed the Board on a proposal to construct a maintenance / service building to support ground maintenance operations for Cornell Plantations . This building will replace an existing service building which is now off Forest Home Drive and Plantations Road near Beebe Lake . The proposed site for the new facility is near the Water Filtration Plant . Mr . Ullberg indicated Caldwell Road , Plantations Road , and Forest Home Drive on the map . The building will be comprised of a three - bay garage , a carpenter shop , three offices , and a field worker break room . Also included in the project is • driveway access to the back with parking for eight cars . Mr . Ullberg indicated elevation drawings for the building . Chairman May asked if there were anyone from the public who wished to speak . Dr . Robert E . Cook , Director , Cornell Plantations , spoke from the floor and stated that there were a couple of considerations when they discussed replacing the old service building . One was to try to locate it in a place where it served the Botanical Gardens . Secondly , and most importantly , a structure was wanted that was most consistent with The Plantations . In designing the building , a farmhouse - type building was desired with an associated barn and with an atmosphere of fifty to a hundred years ago about it . Dr . Cook felt that this structure will blend in very nicely with the site and also will be unobtrusive and attractive to everyone . Mrs . Langhans asked Mr . Ullberg why the building has to be so tall , with Mr . Ullberg responding that one of the bays has a hydraulic lift for taking vehicles up . The use of the roof diminishes some of the sense of that height insofar as it is a pitched roof , but does not have a flat facade , and the building is 26i feet to the peak of the roof . Chairman May asked if anyone else from the public wished to • speak . No one spoke . Chairman May closed the Public Hearing at 8 : 45 p . m . Planning Board 3 February 3 , 1987 • Mr . Mazza inquired as to what materials would be used in the construction , with Mr . Ullberg responding , stained wood board and batten siding . Mrs . Langhans asked where the new entry road is going to be , with Mr . Ullberg responding that it is a continuation of a drive that already exists , bearing to the right . Mr . Kenerson asked if storage tanks would be in - ground . Mr . Ullberg stated that the tanks would tie 1 , 000 gallon capacity tanks each , above ground . Chairman May inquired as to what these tanks are used for , with Mr . Ullberg responding that there is a gasoline tank and a diesel fuel tank . Mrs . Langhans asked how the catch basin would be handled , noting that it is so close to Fall Creek and wondering if there would be a contamination problem . Mr . Ullberg stated that there is an oil separator which prevents oils and gas from passing through the system . Chairman May inquired as to where the discharge would go . Mr . Ullberg said they have a lift station that is going to the Town sewer near the Caldwell Road bridge . MOTION by Mrs . Virginia Langhans , seconded by Mr . Edward Mazza : WHEREAS : 1 . This action is the site plan review and the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article V . Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and with respect to a request for variance of Article 0 V , Section 18 , Paragraph 16 , for the proposed new Cornell Plantations Service Building , proposed to be located on Caldwell Road near the intersection of Caldwell Road and Forest Home Drive , Tovrn of Ithaca Tax Parcel No . 6 - 67 - 1 - 8 , Residence District R- 30 . 2 . This projE! ct has been reviewed by the Planning Board at a Public Hearing ort February 3 , 1987 . 3 . This project is an Unlisted action for which the Zoning Board of Appeals , in considering Special Approval and a height variance for such project , is the Lead Agency for environmental review . 4 . A negative declaration of environmental significance has been recommended by the Town Park and Open Space Planner , contingent upon the following : a . that a variance of Article V , Section 18 , Paragraph 16 , be granted by the Zoning Board of Appeals for construction of the proposed service building , with the building height not to exceed 36 feet , and be that the project comply with all applicable codes and regulations . • THEREFORE , IT IS RESOLVED ; That the Planning Board recommend and hereby does recommend to Planning Board 4 February 3 , 1987 • the Zoning Board of Appeals that a negative declaration of environmental significance be made for the above - referenced action , contingent upon the following : a . that a variance of Article V , Section 18 , Paragraph 16 , be granted by the Zoning Board of Appeals for construction of the proposed service building , with the building height not to exceed 36 feet , and be that the project comply with all applicable codes and regulations . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Mazza , Baker , Klein , Langhans , Kenerson , Lesser . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : WHEREAS : 1 . This action is the site plan review and the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article • V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , and with respect to a request for variance of Article V . Section 18 , Paragraph 16 , for the proposed new Cornell Plantations Service Building , proposed to be located on Caldwell Road near, the intersection of Caldwell Road and Forest Home Drive , Town of Ithaca Tax Parcel No . 6 - 67 - 1 - 8 , Residence District R- 30 . 2 . This project has been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 . 3 . This project is an Unlisted action for which the Zoning Board of Appeals is the Lead Agency , and for which the Planning Board has recommended to the Zoning Board of Appeals that a negative declaration of environmental significance be made . 4 . The following materials have been reviewed by the Planning Board at a Public Hearing on February 3 , 1987 : a . SEQR Short Environmental Assessment Form . b . Plants entitled , " Plantations Service Building , Cornell University - Design Development " , dated January 19 , 1987 , and " Plantations Service Building for Cornell University - Floor Plans , Elevations and Sections " , ( undated ) , by Lawson , • Knapp & Pulver , Architects , 5 . The Planning Board finds that there is a need for the proposed Planning Board 5 February 3 , 1987 • use in the proposed location on the grounds that : a . the E? xisting service building is inadequate for the needs of Cornell Plantations , and be the proposed facility is compatible with land uses in the vicinity . 6 . The Planning Board finds that the existing and probable future character of the neighborhood will not be adversely affected on the grounds that the project and its program management , as proposed , will not represent a significant change in use from current bind use patterns . 7 . The Planning Board finds that the proposed change is in accordancE� with a comprehensive plan of development of the Town on the grounds that : a . the project use and design is appropriate for the proposed location , and be the project is consistent with zoning regulations , subject to the granting by the Zoning Board of Appeals of Special Approval for the proposed use and a height variance for the proposed building . THEREFORE , IT I: S RESOLVED . i . That the Planning Board report and hereby does report its approval of the site plan for the proposed facility , provided that the :required variances and approvals are received from the Zoning Board of Appeals . 2 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that Special Approval for the proposed use be granted , and that a variance of Article V , Section 18 , Paragraph 16 , be granted for construction of the service building as proposed , with the building height not to exceed 36 feet . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Mazza , Baker , Klein , Langhans , Kenerson , Lesser . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of Site Plan Review and Consideration of a Recommendation to the Zoning Board of Appeals with respect to the Cornell Plantations new service building duly closed at 7 : 50 p . m . • PRIVILEGE OF THE FLOOR Tlanriing Board 6 February 3 , 1987 Town Planner Beeners requested that the Board consider the spreading out over a longer time period the number of development applications which the Planning Board has to see and review . The Board expressed its concurrence . Ms . Beeners suggested that spreading out the larges- projects still leaves enough time for the smaller subdivisions that seem to come in as soon as the weather breaks . Ms . Beeners reported that Richard Schoch , Town Park and Open Space Planner /Manager , is assisting her with planning issues . Chairman May asked Town Engineer Flumerfelt if he had anything which he wished to report on . Mr . Flumerfelt stated that he did not having anything at this time . PUBLIC HEARING :; CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO THE PROPOSED REZONING OF 1013 , 1019 , 1021 , and 1029 DANBY ROAD , TOWN OF ITHAC.A TAX PARCELS N0 . 6 - 43 - 1 - 7 , 6 - 43 - 1 - 8 , 6 - 43 - 1 - 9 , AND 6 - 43 - 1 - 10 , FROM MULTIPLE RESIDENCE DISTRICT TO RESIDENCE DISTRICT R- 9 . Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 00 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Town Planner Beeners addressed the Board with respect to Parts II and III of the Environmental Assessment , and a further summary , as follows . " PART II - Environmental Assessment - Danby Road Rezoning A . Action is Unlisted . Be Action is :receiving coordinated review ( N . Y . S . Department of Transportation , Tompkins County Department of Planning ) . SUMMARY OF ACTION The area to be rezoned to Residence District R - 9 would consist of four lots , each with a dwelling , and would extend west to include approximately 590 feet along the centerline of Danby Road . The total acreage of these lots is 2 . 03 ± acres . Based on available frontage and lot area , two of the subject parcels , Parcels 6 - 43 - 1 - 7 and 6 - 43 - 1 - 10 , could potentially be resubdivided to create up to one additional lot on Parcel - 7 , and up to two additional lots on Parcel - 10 . The existing number of dwelling units is assumed to be four . The ultimate number of dwelling units , with potential future resubdivision and the maximum permitted in Residence District R- 9 , is estimated at 14 . Under the current Multiple Residence zoning , the maximum number of dwelling units would be 35 . • The rezoning of 2 . 03 ± acres as proposed would reduce the total amount of land 2: oned as Multiple Residence District from 33 . 3 acres to Planning Board 7 February 3 , 1987 . 31 . 27 acres . This reduction could be mitigated by the rezoning of other suitable land for Multiple Residence use . Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 1 , located at 1007 Danby Road , was included in the area petitioned for rezoning from Multiple Residence District to Residence District R- 9 . This parcel has been under consideration since December 2 , 1986 for site plan approval of a 30 - unit multiple residence project . The project is being reviewed by the Planning Board as a Type I action . The request for rezoning of this parcel is being considered along with the consideration of site plan approval . As currently proposed , a multiple residence project on this parcel with a density compatible with the existing and potential character of the neighborhood , as to be determined by the Planning Board in further Type I environmental and site plan review and to include site - specific mitigation measures as also to be determined in regard to such factors as density , drainage , traffic safety , and plant materials , will have no significant adverse impact . Any potentially significant adverse impacts which might result from the retention of Multiple Residence District Zoning on Tax Parcel 6 - 43 - 1 - 1 are expected to be substantially mitigated through the achievement of density , drainage , and design improvements as to be determined in further review of this project . • C . Could action result in any adverse effects on , to or arising from the following : Cl . Existing air quality , surface or groundwater quality or quantity , noise levels , existing traffic patterns , solid waste production or disposal , potential for erosion , drainage or flooding problems ? No significant adverse impact is expected as a result of the proposed rezoning , except as might result from further subdivision and residential R- 9 development . Any potential adverse impact which might result from such further residential development , such as site - localized drainage management and erosion control , and the effect of reduced yard requirements of Residence District R- 9 rezoning , can be substantially mitigated as a part of specific development review . C2 . Aesthetic , agricultural , archeological , historic , or other natural or cultural resources , or community or neighborhood character ? Same as Cl . C3 . Vegetation or fauna , movement of fish or wildlife species , significant habitats , or threatened or endangered species ? Not expected . No information has been received indicating the presence of unique habitats or species on the lots proposed for rezoning that would warrant other than the proposed rezoning . C4 . A community ' s existing plans or goals as officially adopted , Planning Board 8 February 3 , 1987 • or a change in use or intensity of use of land or other natural resources ? The subject parcels were included in a Multiple Residence District established by the Town Board in April of 1965 as an amendment to the Zoning Ordinance . Multiple Residence District zoning permits single and two - family residences , but residents of the subject four parcels have petitioned for the proposed rezoning . The rezoning action will not have a significant adverse impact on community plans or goals , or a change in land use or intensity , except in regard to -the loss of 2 . 03 ± acres of land zoned for multiple residential use , which loss could be mitigated by the rezoning of other land for multiple residence use . C5 . Growth , subsequent development , or related activities likely to be induced by the proposed action ? No significant adverse impact is expected . Similar actions would be subject to further review . C6 . Secondary , cumulative , or other effects not identified in C1 -C6 ? Not expected . • C7 . A change in use of either quantity or type of energy ? Not expected . PART III No significant adverse impacts are expected that cannot be mitigated through further development review . The use would be consistent with existing zoning and land use patterns , except that it should be noted that the intent of the petition submitted requesting the rezoning of certain properties along Danby Road was to maintain existing single -. and two - family dwellings , while the neighborhood land use trend has been to multiple dwellings , which are permitted in both Residence District R- 9 ( through cluster subdivision ) and in Multiple Residence Districts . A negative declaration of environmental significance is recommended , subject to the future consideration of other property for multiple residence zoning . Lead Agency : Town of Ithaca Town Board Reviewer : Susan C . Beeners , Town Planner Review Date : January 27 , 1987 SUMMARY - MULTIPLE RESIDENCE DISTRICT - DANBY ROAD • Susan C . Beeners , Town Planner 2 / 3 / 87 Existing acreage 33 . 3 ac . Planning Board 9 February 3 , 1987 • Less ParcE! ls 6 - 43 - 1 - 7 , 8 , 9 , 10 - 2 . 03 ac . Total Remaining MR 31 . 27 ac . The Multiple Residence District was established by the Town Board in April , 1965 . The District is located ± 3 / 4 mile from the Ithaca College entrance , ± 1 3 / 4 mile from the Ithaca Commons , and 1 mile from Buttermilk Falls State Park . The District is adjoined by Ithaca College land to the north on which development may be extremely limited due to slopes and vegetation . On the east and south , the District adjoins R15 and R30 residential areas . On the west are R9 residential lands . The Danby Road - South Hill corridor has a range of land use densities and building scales . There is a mixture of single - and two - family strip R- 9 development with a range of lot sizes , and several multiple dwellings and duplexes , some of them clustered . Northward are the buildings and facilities of the Ithaca College campus and several industries . Southward is the Danby Road / King Road commercial district . The 453 ± feet of frontage along Danby Road in the southwest corner of the District is feasible for the location of primary access to the lands of the District , and for future local street interconnections in the vacant lands zoned for residential use adjoining the District , such as a potential connection to future " Evans Lane " from King Road . The 200 ± feet of frontage of parcel • 6 - 43 - 1 - 1 is potentially appropriate for limited access to a portion of the lands of the District , such as is currently recommended to be restricted to private access to the proposed Multiple Residence project on Tax Parcel 6 - 43 - 1 - 1 and on a small portion of Tax Parcel 6 - 43 - 1 - 2 . 2 , with a potential secondary , private driveway connection to potential future interior roads of the District . However , public road access through Parcel 6 - 43 - 1 - 1 is not recommended . Any intersections or drainage work within the right of way of Route 96 -B ( Danby Road ) would require final approval by the New York State Department of Transportation . The District is characterized by areas of poor drainage , seasonal wetness , and erodible soils , which might require additional sitework expenses in any future development . The primary soil on the site , Erie channery silt loam , poses moderate limitations in building construction and site development . Waterproofing is typically required for foundations , and drainage and stormwater management must be carefully designed . On - site retention will be entailed in future development of the backland of the District . Erosion control and revegetation practices will also be necessary in any development to mitigate potentlal impacts due to soil and drainage constraints . The following are suggested as general conditions which should be considered as requirements for potential future development in the District : • Based on preliminary analysis , an estimated 7 . 5 acres or approximately 25 % of the total remaining acreage ( including the Planning Board 10 February 3 , 1987 • acreage of Parcels 1 , 2 . 2 , and 6 ) may be costly or undesirable to develop , and is recommended for open space and drainage management . Such land would include poorly drained areas , on - site stormwater retention improvements , habitats of uncommon plants , and a 50 - foot deep buffer that is proposed in this review to be located along the eastern boundaries of Lots 7 , 81 9 , and 10 ( which are proposed for rezoning to R- 9 ) . Any open space reservation would be subject to further review and determination if new development is proposed for the Multiple Residence District . It is recommended that development in the District be clustered to minimize site infrastructure costs . Such clustering could result in a decrease In roads , earthwork and utilities , the conservation of important undeveloped open space , and the provision of adequate drainage and stormwater improvements . Multiple residential development could be clustered on those areas most suitable for development . Specific cluster location , and gross and net residential density distribution will require future site - specific review . Higher net densities should be permitted in cluster areas where development is most suitable , and where infrastructure cost can be reasonably economized . Lower overall densities for the District would be achieved through the conservation of open space for drainage management and recreation . At this time , it is considered that a range of net densities using the cluster • technique could be achieved . The location of primary access to the District should be within the southernmost 453 feet of District frontage on Danby Road , as to be determined in future review , and as to be approved by the New York State Department of Transportation . Provision should be made for a future road connection from Danby Road through this frontage of the District to connect with the potential extension of future " Evans Lane " from East King Road . It is recommended that access through Parcel 6 - 43 - 1 - 1 be private , and be limited to a specific number of dwelling units . Provision should be made for a private driveway connection at a later time from any development on Parcel 6 - 43 - 1 - 1 to a potential cul - de - sac or interior road in the backland of the District . The permitting of a gradation in height of potential future multiple residential development such that more than two stories could be built in situ areas of low visual impact should be considered . Subject to further review and approval , the retention of Multiple Residence District zoning on Tax Parcel 6 - 43 - 1 - 1 , at a density to be found by the Planning Board to be compatible with the existing and probable future character of the neighborhood , and as subject to further review , is considered at this time not to have a significant adverse impact on the environment ( see review of Lambrou project ) . " • Chairman May noted that this was a Public Hearing and asked if there were anyone who wished to speak . Planning Board 11 February 3 , 1987 Attorney Elizabeth Bixler spoke from the floor and asked for clarification as to whether this was a Public Hearing to consider the petition to rezone the five parcels as requested , or a Public Hearing to consider the rezoning of four parcels . Town Attorney Barney responded that the Public Hearing has to do with consideration of a recommendation to the Town Board with respect to the four parcels cited . If there were going to be consideration of the rezoning of the fifth parcel , there would have to be a re - publication of the Notice of Public Hearing . Chairman May noted that the petition asks for the rezoning of five parcels . Town Attorney Barney stated that a petition does not necessarily govern what the Board does . Mr . Karl Niklas , 1005 Danby Road , spoke from the floor and stated that the lot which is not currently under consideration was , in fact , the provocation for the petition requesting the five - lot rezoning . Mr . Niklas felt that the real issue is density and stated that this was what caused the petition in the first place , through the neighborhood . Mr . Niklas stated that the issue of rezoning is not as relevant as a cap on the density of dwelling units on that parcel of land . Mr . Niklas suggested , on the basis of compatibility with nearby projects of a similar nature , a cap of four dwelling units per acre . Ms . Mary Wessel , 1013 Danby Road , spoke from the floor and indicated on a map the concept of the particular lot indicating single homes all the way down and then the 30 -unit proposed site . One of the • issues is that this lot is basically surrounded by a residential neighborhood . The other point is that this particular section was originally R 9 and changed in 1965 to Multiple Residence . Ms . Wessel felt that it was important to note that that particular parcel was not purchased until 1967 and houses existed on each of these separate lots . Ms . Wessel stated that these residents should have some protection of zoning which was originally R - 9 . Town Attorney Barney asked how many people in the four lots have bought their property since the rezoning of that area . Ms . Wessel answered two were there at the time of rezoning and two have since bought property . Ms . Wessel said a plan for 29 acres was discussed and felt that it was significant that the original plan by Herman was to have a mixed use residential development on that areage . Town Attorney Barney stated that when Mr . Herman bought that lot in 1967 it was already zoned multiple . Town Attorney Barney asked if the property owners of the properties adjacent to that lot wanted to stay zoned multiple . Ms . Wessel said they wanted to rezone to R- 9 . Ms . Frances Connelly , 1013 Danby Road , stated that the residents are trying to protect the neighborhood as it exists , but still allow development to occur , Mr . Niklas spoke about the ecological sensitivity of the area , and quoted briefly from a letter from Nancy Ostman of Cornell Plantations to Ms . Beeners , dated January 29 , 1987 , as follows : " . . . Unfortunately , from the available information it would appear that • Mr . Lambrou has inadvertently selected the most environmentally sensitive portion of the multi - family zone for his development . . . " Mr . Niklas noted that Peter Novelli , Engineering Consultant , in his Planning Board 12 February 3 , 1987 report specifically pointed out that there is a problem of inadequate capacity inherE! nt in the trunk sewer as it crosses the West Clinton Street bridge in the City and continues toward the Wastewater Treatment Plant , with it being probable that , at times , the trunk sewer will not handle this additional load which could result in sewer backup in the City and could result in the discharge of raw sewage to Six Mile Creek , Mary Trochim , 120 McFaddin Hall , owner of 1019 Danby Road , spoke from the floor and asked for clarification regarding the petition entered as a group requesting the consideration of the rezoning of all five of these pieces of land , but the Board decided to look at only four of them . Mrs . Trochim asked what the process is for the Board to reconsider to include that fifth parcel of land or to set up an arrangement to consider that . Town Attorney Barney stated that the Board can choose to consider acting on all five parcels , not acting , or acting on some . Mrs . Langhans , commenting that she was not at the January meetings , asked for clarification as to the four under consideration when the petition included Mr . Lambrou ' s property . Town Planner Beeners responded that she felt it more advantageous to maintain that property as it has been zoned for a long time . Town Attorney Barney stated that another element is that of just plain fairness . Town Attorney Barney stated that , in terms of the five pieces of land , one is involved in a procedure before the Board as to whether it should have a multiple residence development constructed upon it , and , if it has such multiple residences what the level of density should be . From a staff level , the concE? rn is if it is rezoned , is that fair to the person who is buying the property knowing it is multiple residence at this time . Mr . Niklas stated that , for the record , if the issue of hardship is raised , he [ Niklas ] was quite prepared to buy this parcel of land regardless of what it is zoned , from Mr . Herman , or Mr . Lambrou . Mr . Niklas stated that his real concern was that the land be used fairly and sensitively for the community . Mr . Niklas stated that he had indicated his inclination to Mr . Herman ' s lawyer and that inclination will be communicated at some point . Mr . Niklas stated , also for the record and for Mr . Herman ' s real estate agent , that he will buy that piece of land . Ms . Connelly stated that the other issue of fairness is fairness to the neighborhood . Ms . Connelly stated that , as she understood it , Mr . Lambrou has not bought the lot and his site plan can be moved and the neighbors would accept this multiple residence if the density were made compatible with R- 9 . Mrs . Trochim stated that there seems to be some ambiguity about the timing of zoning and how that relates to zoning of the 29 acres . Mr . Jack Burns , Real Estate Agent for Mr . Herman , spoke from the • floor and stated that he showed Mr . Lambrou the property in question and that it was his understanding that , first , since 1965 there have been at least three or four reviews of the zoning in the Town of Planning Board 13 February 3 , 1987 • Ithaca where the Planning Board has looked at any possible changes in the way the community was going and nothing was ever changed as to the zoning of that area . Mr . Burns stated that Mr . Lambrou said he wanted to buy the property contingent upon the approval of the development by the Town . Mr . Burns stated that there is very little hardship as far as Mr . Herman is concerned , however , Mr . Lambrou has spent $ 8 , 000 . 00 on this project so far . Mr . Niklas stated that he felt weighing the hardship of over sixty living units versus one person was inappropriate . Also , Mr . Lambrou was offered 1033 Danby Road to move his project site to ; this project could be moved less than one -quarter of a mile to be built in an area that is already established for student dwelling units . Mr . Jagat P . Sharma , Architect for Mr . Lambrou , stated that they do not own the 29 acres , the property at issue is two acres , and when the project was started it was zoned multiple . Mr . Burns :Mated that , economically , when you go beyond a certain amount of acreacre , then the situation comes up as to how to take care of that acreage , and , if it is going to be feasible . When there is more acreage to get density down it will not be economically feasible . Also , any change of zoning would be detrimental to the whole area and to the four people living there . Realistically , it is not a residential area by any means , and for future sale of homes , options • should be left open as to multiple dwellings and not R- 9 . Mr . Edward Cobb , 1005 Danby Road , spoke from the floor and stated that no one is asking Mr . Lambrou to buy more land , they are asking him to move the site less than one - quarter mile away . Another factor to consider is -the houses that border the area if 30 apartments are built . There being no further comments from the public , Chairman May closed the Public Hearing at 9 : 00 p . m . and asked for Board comments on the proposed rezoning of the four lots . Mr . Klein stated that , basically , he felt that the residents wanted their land reverted to R- 9 , and that he had no objection to that . Mr . Klein stated that the Lambrou property is zoned multiple residence and lie would be concerned about the implications for precedent , and also legally , with considering a rezoning for that parcel , even though , perhaps , the whole rezoning possibly was in error twenty years ago . Town Attorney Barney responded , pointing out that there was a complete re - adoption of the Town Zoning Ordinance and map which took place in 1968 , which , among other amendments , was to cure any potential defects in prior years . At that time , the properties in question were already zoned multiple residence and without reference to any specific project or plan that zoning was kept in place . Mr . Klein stated that: he agreed with Ms . Beener ' s approach in leaving the Lambrou parcel as multiple residence and to allow the Planning Board , • through the planning process , to lower the density with development that will be of comparable density within the area and buildings that are appropriate in scale . Planning Board 14 February 3 , 1987 • Mr . Mazza stated that short of rezoning , those four neighbors could get together and put some restrictive covenants on their own lots which would limit what could happen on those lots , which they could change later by themselves if they wanted to , and yet , still stay within the current zoning since there is more flexibility for them under the current zoning . Attorney Robert Hines spoke on behalf of Mr . Herman and stated that he did not think the lot was in jeopardy . Attorney Hines stated that the Notice did not include that fifth lot . Attorney Hines stated that he did not feel it would be appropriate to close the Public Hearing and then add something to the matter under discussion . Dr . Lesser asked if it were necessary to contact the mortgage holders if the four lots were rezoned . Mr . Mazza stated that this proposal for rezoning is at their request , so they would have to get in touch with their mortgage holder to see if it violates any terms of their mortgage . MOTION by Mr . David Klein , seconded by Mr . Robert Kenerson : WHEREAS : i . This action is a recommendation to the Town Board on the rezoning of 1013 , 1019 , 1021 , and 1029 Danby Road , Town of Ithaca Tax Parcels No . 6 - 43 - 1 - 7 , 6 - 43 - 1 - 8 , 6 - 43 - 1 - 9 , and 6 - 43 - 1 - 10 , from • Multiple Residence District to Residence District R- 9 . 2 . This is an Unlisted action for which the Town Board has been legislatively designated to act as Lead Agency in the environmental review of such proposed rezoning . The Tompkins County Planning Department and the New York State Department of Transportation are potentially involved agencies which are being notified of this action . 3 . This action is the result of the consideration of a referral from the Town Board concerning a petition dated December 8 , 1986 , signed by the residents of 1013 , 1019 , 1021 , and 1029 Danby Road , requesting the rezoning of 1009 - 1011 [ sic . ( 1007 ) ] , 1013 , 1019 , 1021 , and 1029 Danby Road from Multiple Residence District to Residence District R - 9 , which petition was received by the Town Supervisor , and which was referred by the Town Board to the Planning Board on December 31 , 1986 . 4 . The request in the petition for the rezoning of 1007 Danby Road , Town of Ithaca Tax Parcel No . 43 - 1 - 1 , from Multiple Residence District to Residence District R- 9 , and a report to the Town Board pertaining to this request , is being considered by the Planning Board along with the request for site plan and subdivision approval for a Multiple Residence project proposed to be located on this parcel , such project having been under • consideration and under Type I environmental review by the Planning Board since December 2 , 1986 . Planning Board 15 February 3 , 1987 • 5 . The Town Planner has recommended that such rezoning as recommended herein will have no significant adverse environmental impact , conditional upon the future consideration of other property for multiple residence zoning . THEREFORE , IT IS RESOLVED : 1 . That the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that the Town Board determine a negative declaration of environmental significance for the rezoning of 1013 , 1019 , 1021 , and 1029 Danby Road , Town of Ithaca Tax Parcels No . 6 - 43 - 1 - 7 , 6 - 43 - 1 - 8 , 6 - 43 - 1 - 9 , and 6 - 43 - 1 - 10 , from Multiple Residence District to Residence District R - 9 . 2 . That the Planning Board finds the following : a . There is a need for the proposed use in the proposed location . b . The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected . c . The proposed change is in accordance with a comprehensive plan of development of the Town . • 3 . That the Planning Board finds that the retention of Multiple Residence District classification at this time on Town of Ithaca Tax Parcel No . 6 - 43 - 1 - 1 , 1007 Danby Road , will have no significant: environmental impact , conditional on further environmental and site plan review of any potential development on this parcel , and that , subject to such conditions , the retention of such classification will result in neither a significant. alteration of the purpose of land use control nor the policies enunciated or implied by the Town Board , and therefore , recommends to the Town Board that the Multiple Residence District classification of this parcel at this time be retained . 4 . That the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board that the Town Board rezone 1013 , 1019 , 1021 , and 1029 Danby Road , Town of Ithaca Tax Parcels No . 6 - 43 - 1 - 7 , 6 - 43 - 1 - 8 , 6 - 43 - 1 - 9 , and 6 - 43 - 1 - 10 , from Multiple Residence District to Residence District R- 9 . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Kenerson , Baker , Klein , Langhans . Nay - Mazza , Lesser , The MOTION was declared to be carried . • Chairman May declared the matter of the recommendation to the Town Board with respect to the rezoning of four lots on Danby Road duly closed at 9 : 20 p . m . Planning Board 16 February 3 , 1987 Mr . Mazza asked Ms . Beeners to elaborate on the side yard requirements in a multiple residence zone as opposed to an R- 9 zone . Ms . Beeners stated that each side yard in an R- 9 zone may not be less than ten feet in width , except for a garage , either attached or separate from the dwelling which may be seven feet from a side line which is not a street line , and further , when the height of the building exceeds 30 feet , each side yard must be equal to half the total height of the building . Ms . Beeners stated that in a multiple residence zone , the side yard may not be less that the height of the nearest structure . In R- 9 , the rear yard may be not less than 30 feet in depth ; in Multiple , the rear yard may be not less than twice the height of the nearest structure . In R - 9 , the front yard cannot be less than 25 feet ; in Multiple , the front yard cannot be less than 50 feet . Ms . Beeners commented that there are yard advantages in Multiple , and also there is the advantage in Multiple of being able to have multiple dwellings without having to go through the cluster process for which the property in question is the wrong size . Additionally , there is the requirement that in any multiple residence development proposal , it must be done in accordance with Article IX , Site Plan Approval . Ms . Beeners noted again that there is the site plan review in Multiple which you do not have in R - 9 . ADJOURNED HEARING FROM DECEMBER 2 , 1986 , AND JANUARY 6 , 1987 , WITH THE PUBLIC HEARING CLOSED ON JANUARY 6 , 1987 : CONSIDERATION OF SITE PLAN APPROVAL AND SUBDIVISION APPROVAL FOR A PROPOSED 30 — UNIT MULTIPLE • RESIDENCE PROJECT TO BE LOCATED IN A MULTIPLE •RESIDENCE DISTRICT AT 1007 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 43 - 1 - 1 , AND AS REVISED FOR JANUARY 6 , 1987 , ON A PORTION OF TOWN OF ITHACA TAX PARCEL N0 . 6 - 43 - 1 - 2 . 21 AND CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEAL �cl THAT VARIANCE OF ARTICLE VI , SECTIONS 28 , PARAGRAPH 5 , AND 29 , PARAGRAPH 11 OF THE TOWN OF ITHACA ZONING ORDINANCE , BE GRANTED . JACK M . HERMAN ET AL , OWNERS ; GUS E . LAMBROU , APPLICANT ; JAGAT P . SHARMA , ARCHITECT / AGENT . Chairman May stated for the record that he was withdrawing from all discussion with respect to this matter due to possible conflict of interest . Vice Chairman Grigorov took over the Chair , Vice Chairman Grigorov declared the Lambrou matter duly opened at 9 : 25 p . m . Mr . Jagat P . Sharma addressed the Board and stated that the proposal before the Board this evening is , basically , the same plan as was presented at the last meeting , January 6th , that is , a 450 - foot property facing Danby Road , two acres , with a density of 15 units per acre , and with no variances being requested . The first building contains six units with four buildings in the back . Another 50 feet was purchased and the project moved back to 70 feet from the road with the rear yard increased . Mr . Sharma stated that he and Mr . Lambrou are not opposed to moving this project to another site , but they need guidelines from the Board . Mr . Sharma spoke about the recommendation • from Town Planner Beeners to reduce the project to 4 . 5 units per acre . Mr . Sharma stated that he felt this was almost like changing to R- 9 because the Ordinance allows 17 units per acre . Mr . Sharma stated Planning Board 17 February 3 , 1987 . that the original project site was 1 . 7 acres and now it is 2 acres . There are 40 parking spaces as per the Zoning Ordinance . Ms . Beeners stated that the project is the same except for the increase in the front and rear setback . Mr . Sharma worked with her as to how things could be worked out that would be compatible with R - 9 single family homes and one idea was the reduction in density in an area 150 feet deep along the front of the parcel . Ms . Beeners noted the receipt , on February 2 , 1987 , of a letter to her from Nancy Ostman , dated January 29 , 1987 , reviewing the site as to the rarE! and uncommon species of plants in the site . Vice Chairman Grigorov asked if any of that has been designated wetlands , with Ms . Beeners responding that it has not and adding that potential impacts as far as noise , parking , impact on uncommon plants and access get fairly specific . Continuing , Ms . Beeners stated that in some respects this lot could be treated as a cluster of the development on the remaining land and , perhaps , the same environmental considerations that might be placed on the development of the remaining lands should be placed , as well , on this property , and noted that there is a 20 % to 25 % undevelopable area on the remaining multiple residence land . Ms . Beeners stated that it would be her recommendation that a higher net cluster multiple residence density be allowed in the southern portion of the site , next to the gray duplexes built by Evan Monkemeyer , where access is better and you could have higher apartment densities on a potential Town road . Comparable densities exist along Danby Road on single and two - family lots and also in some of the local multiple dwelling projects , whether it is Cayuga Vista with 4 . 5 units per acre , or Majestic Heights at four units per acre where there is open space reservation for the purpose of botanical preservation . Ms . Beeners stated that there is enough environmental impact and also enough opportunity to :mitigate that environmental impact by requiring that the density on this property be reduced to 4 . 5 dwelling units per acre , or a total of nine dwelling units on the two acres . The density scenario would be equivalent to R- 9 conventional platting on the two - acre site with a 60 - foot right of way , two R- 9 lots in the front , four lots in the back - - six dwellings or a possible total of 12 dwelling units on the two acres , however , as to what kind of open space reservation there would be for site drainage management and for protection of plants in back , Ms . Beeners estimated there would be , also , a 25 % open space requirement . Ms . Beeners recommended that higher cluster densities be permitted in the southern section of the Multiple Residence District and that permission for building heights greater than two , three , or four stories , if feasible , be granted in the southern part of the Multiple Residence District where it would not substantially affect views and would effectively achieve some more open space . Mrs . Langhans asked about the density on the two acres as it is presented . Ms . Beeners stated that mitigating measures would have to be looked at and any additional parking that might be needed . Also , • if a new site were that close to existing houses , there might have to be additional buffering requirements . The parking and any revisions that might be necessary as far as turning radii for fire trucks would Planning Board 18 February 3 , 1987 • make it impossible to say , okay , you can build 15 units per acre on another site . Ms . Beeners stated that the highest density in the Town is 16 per acre at Summerhill , as approved , but it is all not built as yet and what has been built at Summerhill is actually 13 per acre . The highest density at this time is 13 , and , in addition to that , Candlewyck , Warrenwood , and Winston Court are three storied . Dr . Lesser asked how large an area is considered when evaluating these botanical impacts . Ms . Beeners responded that some of the plants mentioned in Dr . Niklas ' letter are locally uncommon in the Cayuga Lake Basin and specific to South Hill , Ms . Beeners referred to Ms . Ostman ' s interpretation in her letter of January 29 , 1987 , and also to the field test she , herself , had done with Mr . Schoch on South Hill in connection with several projects on South Hill . The uncommon plants identified in Dr . Niklas ' letter of December 22 , 1986 , are plants growing on an area that was apparently bulldozed within the last five or six years and either regenerated or spread from an area such as the wooded wetland which is to the north of the entire multiple residence district . Ms . Beeners stated that she had talked with Ms . Ostman. and asked whether those plants might be growing in some other old fields on South Hill and Ms . Ostman had said that an old field situation might be more like a pasture where you would have more topsoil . In this situation , and for this plant habitat , you would have none . Ms . Beeners stated that she agreed with Ms . Ostman in that it might not be very easy to transplant those plants . Ms . • Beeners stated that she felt , based on the information the Board has now , that that stand of uncommon plants should be protected as much as possible . Attorney Robert Hines pointed out that the parcel is zoned for multiple residence . Town Attorney Barney stated that the neighbors are correct in that , originally , there was a plan put up and the zoning was done in the context of a particular plan , however , the zoning has also been kept in place through a couple of revisions of the ordinance . Town Attorney Barney stated that in order to do anything a specific plan has to be presented and that plan is subject to the approval of the Planning Board . Town Attorney Barney stated that there is a problem with the flora and fauna of this particular site which dictates a certain level of density in order to preserve that . If the project were moved to a different site , a different level of density might be appropriate , but 15 units per acre may still not be allowed .in an area which , at the present time , is basically comprised of single- or two - family residences . MOTION by Mr . David Klein , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board reject and hereby does reject the site plan for the proposed Multiple Residence project , as presented to said Planning Board this date , February 3 , 1987 , based upon : • 1 . The excessive density not in character with the surrounding area . 2 . Deficiency of parking , and , if the parking were to be met , it Planning Board 19 February 3 , 1987 • would have a greater negative impact on the site . 3 . The existence of the uncommon plants on the east end of the site . 4 . The height of the buildings at two - and - one - half or three stories , as opposed to two . 5 . The insufficiency of the proposed recreation area at the front of the site off the road . 6 . The potential hazard of the driveway location vis - a - vis Route 96B . Aye - Grigorov , Kenerson , Baker , Klein , Langhans , Mazza , Lesser . Nay - None . Abstain - May . The MOTION was declared to be carried . Vice Chairman Grigorov declared the matter of the Herman / Lambrou multiple residence project duly closed at 10 : 05 p . m . SKETCH PLAN REVIEW : CONSIDERATION OF A PROPOSED 186 - UNIT " CLUSTER " SUBDIVISION LOCATED IN RESIDENCE DISTRICT R- 15 BACKLOT OF THE INTERSECTION OF EAST KING ROAD AND TROY ROAD , 119 . 57 ± ACRES , TOWN OF • ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 . 32 . PAUL B . ERDMAN , OWNER ; EDWIN HALLBERG , DEVELOPER ; THOMAS P . NIEDERKORN , CONSULTANT . Chairman May took over the Chair , declared the above - noted matter duly opened at 10 : 06 p . m . , and read aloud from the Agenda as noted above . Mr . Niederkorn , Planning Consultant , appeared before the Board and appended colored maps to the bulletin board with respect to the proposed clustered subdivision . Mr . Niederkorn noted that approval of the concept had been given by the Planning Board on January 6th to go ahead with a clustered subdivision . Mr . Niederkorn , indicating on the map , showed the slope of the land on the parcel , noted a fairly broad flat plain through the center of the parcel , and indicated the whole northwestern portion of the site which he described as fairly heavily wooded . Mr . Niederkorn , commenting that a major concern was bedrock near the surface , stated that the subdivision was designed so that they could avoid the area with bedrock problems . Mr . Niederkorn stated that test borings were conducted , eight test holes dug and they did not find a spot where bedrock was less than about 8 feet below the surface . Mr . Niederkorn stated that the rest of the soils in the upper portion of the site are reasonably good and drainage can be taken care of properly . Mr . Niederkorn stated that the features of the particular parcel are its location and view . Utilizing a colored map on the bulletin board , Mr . • Niederkorn indicated that the road depicted in red represents the roadway necessary to serve the actual cluster development and the road depicted in orange represents the roadway necessary to serve some Planning Board 20 February 3 , 1987 • additional single family lots . Mr . Niederkorn stated that a significant and substantial reduction in the amount of roadway has been achieved by reducing the roads by about half , some 5 , 000 square feet . Potential recreation areas have been established and they have to be discussed with the Planning Board for its input . The objective is to provide some public recreation area which would be deeded to the Town . Mr . Hallberg is proposing some private recreation area for this community , one of which is close to an access point owned by the Town of Ithaca . There is also the NYSEG right of way which could become an extension , basically , of the recreation areas since it cannot be built upon . Mr . Niederkorn indicated on the map the phasing that is proposed , the first phase being the closest to Troy Road where that corner of the parcel would consist of 12 units and 770 lineal feet of roadway . The :second phase would consist of 32 units and 900 lineal feet of roadway . The third phase comes up around the corner of the roadway intersection and makes part of the roadway connection , adding three additional clusters , 36 units , with 900 lineal feet of roadway involved . The fourth phase adds three more clusters , 40 units , with 1 , 600 lineal feet of roadway , and comes in from East King Road . The final phase , phase V , would be building the single families with the cul de sac - - 59 units , 2 , 600 lineal feet of roadway . The entire process should take somewhere in the neighborhood of four years . One of the problems pointed out by the Town Planner is that the Subdivision Regulations limit the length of a cul de sac to 1 , 000 feet . • Mr . Peter Novelli , Engineering Consultant , addressed the Board as to drainage and stated that he is anticipating typical roadside drainage , generally following the contours of the land and swales around each cluster to divert flow to the roadway ditches . Mr . Novelli showed two potential locations for stormwater retention ponds so that the runoff leaving the site could be limited to the conditions that existed before the development . Mr . Niederkorn stated that the intention is to control the drainage in a way tht will prevent more water from running off the property after development than is running off now . Mr . Niederkorn stated that the 32 - acre area of the parcel which is heavily wooded is to remain forever wild as an undeveloped area . Access to this undeveloped area would be by right of way . Mr . Mazza asked who would own it . Mr . Niederkorn stated that ownership is still to be determined . It could be owned by the Association just like they own at Commonlan. d , or , it may be taken over by the Nature Conservancy or possibly Cornell . In any case , it would be secured in such a way that later on it. would not be developed . Mr . Niederkorn spoke of the typical four -unit cluster shown in a diagram on the Sketch Plan , each being on its own parcel of land with direct access to a public road . Dr . Lesser asked Mr . Niederkorn if the developer has given any consideration to traffic flow in the area , and what kind of impact that might have . Mr . Niederkorn said that the main roads are Troy and • East King and , in terms of numbers , four trips per day per unit , it would generate 400 to 500 vehicle trips per day on both roads . Mr . Niederkorn stated that he felt there would be no problem for those Planning Board 21 February 3 , 1987 • roads to handle the additional traffic . Mr . Niederkorn stated that the site itself is such that the roads are laid out in a such a way that the grades are minimized . Chairman May asked what the maximum grade within the subdivision would be , with Mr . Niederkorn responding , problably less than 10 % . Mr . Niederkorn referred to the small sketch plan of a typical four - unit subdivision , diagramatic , shown on the Deer Run Subdivision Sketch Plan dated January 27 , 1987 , which had been distributed to the Board and noted that two units would share a drive and there would be a combined green area between the drives . Chairman May stated that the question of the 1 , 000 feet of road is significant with respect to the cul de sac , adding that he would like to see a second opening as soon as possible for emergency vehicles . Ms . Beener. s stated that , as far as the 1 , 000 feet off the road is concerned , she was planning on working with Mr . Niederkorn to see what the Fire Department might have to say . Ms . BE! eners stated that she felt the opening from East King Road should be done such that the last phase should , perhaps , be one of the earlier phases . Chairman May expressed his concern about fire protection , if the 1 , 000 feet ended up having a 10 % slope as the last phase . Chairman May informed Mr . Niederkorn that he could proceed with the preliminary plan stage . • ADJOURNMENT Upon Motion , Chairman May declared the February 3 , 1987 meeting of the Town of ]Ithaca Planning Board duly adjourned at 10 : 30 p . m . Respectfully submitted , Mary S . Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . •