HomeMy WebLinkAboutPB Minutes 1989-03-21 C
TOWN OF ITHACA
Date PQ
TOWN OF ITHACA PLANNING BOARD Clerk
MARCH 21 , 1989
The Town of Ithaca Planning Board met in regular session on
Tuesday , March 21 , 1989 , in Town Hall , 126 East Seneca Street , Ithaca ,
New York , at 7 : 30 p . m .
PRESENT : Chairman Carolyn Grigorov , Robert Miller , Stephen Smith ,
Robert Kenerson , William Lesser , Erik Whitney ( Assistant
Town Engineer ) , George R . Frantz ( Assistant Town Planner ) ,
Susan C . Beeners ( Town Planner ) , Richard P . Ruswick , Esq .
( Town Attorney ) .
ALSO PRESENT : Stephanie Bryant , Gerald Rau , Bob & Ginny Powers , Nancy
Krook , Martha A . Turnbull , Heinz & Ellen Biesdorf ,
Harrison Rue , Rick Holt , George Schlecht , David C .
Auble , Sandra Rogers , John Whitcomb , Myrtle Whitcomb ,
Arthur Howser , Jean Brockway , Edwin Hallberg , John W .
LeVau , Thomas Niederkorn , Charlotte Bosworth , Robert
Marion , Edward Bosworth , Slade Kennedy Jr . , Laura
Marks ,
Chairman Grigorov declared the meeting duly opened at 7 : 36 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 March 13 , 1989 , and March 16 , 1989 , respectively ,
together with the Clerk ' s Affidavit of Service by Mail of said Notice
upon the various neighbors of each of the properties under discussion ,
as appropriate , upon both the Clerk and the Building Commissioner of
the City of Ithaca , upon the Tompkins County Commissioner of Planning ,
and upon the applicants and / or agents , as appropriate , on March 16 ,
1989 .
Chairman Grigorov read the Fire Exit Regulations to those
assembled , as required by the New York State Department of State ,
Office of Fire Prevention and Control .
PUBLIC HEARING : CONSIDERATION OF A REPORT TO THE ZONING BOARD OF
APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL , PURSUANT TO
ARTICLE IV , SECTION 11 , PARAGRAPH 31 OF THE TOWN OF ITHACA ZONING
ORDINANCE , FOR THE CONVERSION OF AN EXISTING RESIDENCE INTO A PLACE OF
WORSHIP FOR THE FIRST ITHACA CHINESE CHRISTIAN CHURCH , PROPOSED TO BE
LOCATED AT 1462 SLATERVILLE ROAD , ON TOWN OF ITHACA TAX PARCEL NO .
6 - 58 - 2 - 22 . 3 , 1 . 22 ± ACRES , RESIDENCE DISTRICT R- 15 , FIRST ITHACA
CHINESE CHRISTIAN CHURCH , OWNER ; GERALD RAU , AGENT .
Chairman Grigorov declared the Public Hearing in the above - noted
matter duly opened at 7 : 37 p . m . and read aloud from the Notice of
Public Hearings as posted and published and as noted above .
At this point , Assistant Town Planner George Frantz announced for
the public present that a copy of the site plan was available , if
anyone was interested .
a:
Planning Board - 2 - March 21 , 1989
• Mr . Gerald Rau approached the Board and passed out pictures of
the proposed project to members of the Board .
Mr . Rau stated that , currently , the land is zoned R- 15 . Mr . Rau
remarked that the existing building is a single family residence , and
has a large 271X27 ' room . Mr . Rau offered that they propose to use
the building as a church , using that large room as the main sanctuary
or main meeting room . Mr . Rau said that there are three -bedrooms
which would be used for meeting rooms , Sunday School classes , or
whatever . Mr . Rau noted that the current congregation size is about
30 persons , plus children , adding , the room would hold , comfortably ,
50 .people . Mr . Rau said that there is room for expansion , up to that
number , adding , if the congregation grew beyond that point ,- then they
would need to consider whether to come before the Board again , and ask
for permission to expand the building , or more likely , move to a
different location . Mr . Rau commented that the only proposed
modification would be anything that might be required by the ZBA in
terms of exit signs , fire extinguishers , or such , that might be
required for a church structure . Mr . Rau noted that the only proposed
external change would be the expansion of the gravel parking lot , in
order to accommodate more cars . Indicating on the map , Mr . Rau said
that it would extend around the side of the building , leaving still
most of the area in the back free .
Chairman Grigorov noted that this a Public Hearing and asked if
• there were anyone from the public who had any comments or questions .
Robert Marion of 1463 Slaterville Road spoke from the floor and
stated that his property is located kitty - corner from the proposed
project . Mr . Marion voiced his objection about the church making
revisions to the existing building , and also voiced a concern
regarding the parking . Mr . Marion commented that he was willing to
see the structure become a church residence , rather than a family
residence .
Heinz Biesdorf of 702 Hudson Street approached the Board and
stated that he owns the property next door to the proposed project .
Mr . Biesdorf stated that he was in favor of granting approval for the
church .
Robert Powers appeared before the Board and stated that he was
the next door neighbor on the other side , at Video Sound , 1458
Slaterville Road , Mr . Powers stated that he has no objection to the
proposed project , adding , the parking problem seems to have been
addressed . Mr . Powers said that cars sometimes park alongside the
road , which he did not think was a good idea . Mr . Powers offered the
use of his parking lot on Sunday . mornings , until the church is able to
make permanent arrangements .
Martha Turnbull of 118 Pine Tree Road spoke from the floor and
pointed out that the two speakers who preceded her are not residents
• in the area of the proposed church , noting that they have a business
and a rental property . Ms . Turnbull , speaking as a resident of the
area , expressed a concern about blacktopping a parking area . Ms .
S
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Planning Board - 3 - March 21 , 1989
• Turnbull also expressed a concern about the additional traffic , as
Pine Tree Road comes in on a diagonal at that intersection , and noted
that she felt it was a rather dangerous intersection to begin with ,
adding , to have that additional traffic pouring out onto that
intersection would be a concern . Mr . Rau responded that they have no
plans to blacktop the parking lot , it would be gravel and could very
easily revert to grass if it were to return to a residential structure
in the future . Mr . Rau stated that there is very little traffic on
Sunday morning in that area . Mr . Rau offered that , within the
foreseeable future , up to a congregation of 50 persons , there might be
25 cars at a time when there is very little traffic on that road .
Chairman Grigorov wondered how far it is from the intersection on
Pine Tree Road , Mr . Rau replied that it is approximately 455 feet .
Nancy Krook of 113 Pine Tree Road spoke from the floor and stated
that she has absolutely no objection to the church , as she thinks it
is wonderful that the house would be occupied and cared for . Ms .
Krook commented that the thing that concerns her is that it be
landscaped , and not look as it has looked in the past , where it had no
care in the yard . Ms . Krook offered that the house was never
finished , because the previous owner was very , very old when he built
the house . Ms . Krook stated that everyone should be cautious when
these things are allowed , to make sure that the people who secure the
zoning variances understand that this area is primarily a residential
• neighborhood .
There appearing to be no one else from the public who wished to
speak to this matter , Chairman Grigorov closed the Public Hearing at
7 : 45 p . m . and brought the matter back to the Board for discussion .
William Lesser wondered if the subject building was used during
the week at all , adding , are there any plans or is it only one or two
services a week ? Mr . Rau responded that the only thing they have
currently , and would like to continue , would be a Sunday morning Bible
class and worship service . Mr . Rau offered that it is not currently
used during the week , but there would be a few special meetings ,
adding , there are no current plans for any regular weekly use . Mr .
Rau mentioned that no one would be living in the building . William
Lesser wondered if there would be much likelihood that the building
would also be used for a Day Care center . Mr . Rau replied that that
has been discussed , but not at any great length , and some of the
parents in the church have mentioned it as a possibility . Mr . Rau
mentioned , if that were the case it would be mostly run by and for the
church members , it would not be set up as a Day Care facility that
would be advertised .
Robert Kenerson wondered if the building was presently being used
as a church headquarters , with Mr . Rau answering , yes . Mr . Kenerson
wondered on what basis , and if there had been an exception to the R- 15
zoning . Mr . Rau offered that they do own the structure , commenting
• that there had been some misunderstanding , when the church moved in ,
between the church , the lawyer , and the Town people that visited ,
adding that he was not there at the time , but there was a
misunderstanding about what was required . Mr . Rau stated that they
Planning Board - 4 - March 21 , 1989
• began using the building without knowing that they had to appear
before the Board . Mr . Lesser asked , how long ago was that ? Mr . Rau
replied that it was January 1989 , but as soon as they were aware they
had to appear before the Board , and within that week , he discussed it
with the appropriate people .
Chairman Gr_igorov wondered if the R- 15 zoning would be specific
to the church , or if it was rezoned , then any church could be there .
Attorney Ruswick responded that it could be any church . Ms . Beeners
stated that she thought a Special Approval could be made personal to
the applicants . Attorney Ruswick offered that he remembered , from
last year , the issue being brought up as to variances , noting that
there was a new court decision that stated variances could not be made
specific to an individual , i . e . , if that individual moved , then the
use could be continued , whether that individual owned it or not .
Attorney Ruswick stated that he would have to research as to whether
or not it applies to Special Approval . Chairman Grigorov stated that ,
if anything were done as to any expansion , they would have to come
back before the Board for a building permit . George Frantz , Assistant
Town Planner noted that the site is really the limiting factor , as far
as the size of any church that would locate there , and also traffic
considerations would be involved .
William Lesser , referring to the proposed resolution , wondered
about the existing plan , and whether it includes the area of expansion
• for parking spaces , or would that be a separate action , if indeed , the
church moved ahead to convert that to parking . Mr . Kenerson stated
that it was not being requested at this time . Mr . Rau commented that
he thought it would be better to have permission to expand to that
area , in that the parking would be expanded somewhat anyway , and it
would be easier to do it at one time , rather than coming back in
another year to request another 20 feet .
Chairman Grigorov inquired as to the proposed landscaping around
the parking lot . Mr . Rau responded that there would be some
relatively easy - care flowering shrubs around the front of the yard .
Mr . Rau mentioned that the landscaping has not yet been considered in
too much detail . Mr . Rau offered that on the side of the subject
building between them and Video Sound there is a line of small pine
trees and other trees , which are growing . Mr . Rau noted that the lot
tapers toward the street . Mr . Rau commented that the other side of
the building , on property owned by Dr . Biesdorf , is wild vegetation ,
which makes an effective screen on that side . Mr . Rau said that they
would be willing to consider some landscaping around the back as well .
Ms . Beeners questioned how one would insure that the parking does get
expanded to meet the possible growth of the congregation . Mr . Rau
[ indicating on map ] stated that the size that is drawn would
accommodate 25 cars , and noted that that should be sufficient for
fifty people , which would be about the maximum capacity of the
structure . Mr . Rau stated that they plan on constructing the entire
parking lot this summer , which would be as soon as the ground thaws
• sufficiently to do it . Ms . Beeners mentioned the record site plan and
stated that , as it would be taken to the ZBA , if needed , some kind of
a note could be added with respect to that parking area . Mr . Frantz
i
Planning Board - 5 - March 21 , 1989
• mentioned that , perhaps , the plan could simply be revised . Mr . Rau
commented that he has already given copies , so it would be easier to
just strike it .
Robert Kenerson wondered if Mr . Rau had any details concerning
the proposed signage . Mr . Rau responded that they propose to repaint
the current sign with the name of the church and plant a few shrubs to
define and partially screen the parking lot . Mr . Rau commented that ,
as far as external lighting there are no evening meetings to warrant
external lighting . Mr . Kenerson wondered about lighting the entrance
to the parking lot , with Mr . Rau answering that there is no one there
in the evening . Mr . Rau remarked that they do not have any plans for
lighting , but if it is required then he would see that it is done .
Mr . Kenerson noted that it would certainly affect the neighborhood if
that were done . Mr . Rau explained that there is a lamp at the bottom
of the driveway , and there are outside lamps on the house , but they
are simply house lamps . Ms . Beeners stated that it would be
appropriate to add the landscaping item to the resolution .
Attorney Ruswick wondered if Mr . Rau had determined if there were
going to be any changes to the building as far as fire code
requirements . Mr . Rau replied that there should be no major changes ,
there are two exits from the main room , but there might be a need for
one or two more smoke detectors which would be internal . Mr . Kenerson
wondered if the structure would require sprinklers , with Attorney
Ruswick answering that it might . Mr . Kenerson noted that the use has
to be changed , adding , if there is a change in use , the building has
to conform to that use . Mr . Frantz stated that he did consult with
Andrew Frost , Building Inspector / Zoning Enforcement Officer , as far as
capacity is concerned , adding that Mr . Frost did not see any problems
with it from a fire standpoint . Mr . Frantz said that Mr . Frost stated
that he believed up to fifty people would be allowed under the
existing fire code , with the existing number of exits . Mr . Lesser
wondered if the resolution should refer to the number that this is
approved for . Mr . Frantz remarked that the capacity would be set by
Mr . Frost , Attorney Ruswick noted that the capacity is set by the
Building and Fire Code , with Mr . Kenerson responding , " Code " , not
" Officer " . Mr . Kenerson wondered if a Certificate of Occupancy needed
to be issued , which , in issuing a Certificate of Occupancy what the
complying would be in terms of the change in status of usage ,
commenting that the Town should be covered . Ms . Beeners stated that
that was the Zoning Officer ' s interpretation , once the use is
approved , with Mr . Kenerson commenting , if the certificate is issued ,
it has to be issued under the conditions that relate to the new usage .
Mr . Frantz stated that Mr . Frost would be presenting the matter before
the ZBA . Mr . Kenerson offered that all the Planning Board is
recommending to the ZBA is that there be a change .
There appearing to be no further discussion or comments from the
Board , Chairman Grigorov aked if anyone were prepared to offer a
motion .
MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson :
Planning Board - 6 - March 21 , 1989
WHEREAS :
1 . This action is the Consideration of a Report to the Zoning Board
of Appeals with respect to a request for Special Approval ,
pursuant to Article IV , Section 11 , Paragraph 3 , of the Town of
Ithaca Zoning Ordinance , for the conversion of an existing
residence into a place of worship for the First Ithaca Chinese
Christian Church , proposed to be located at 1462 Slaterville
Road , on Town of Ithaca Tax Parcel No . 6 - 58 - 2 - 22 . 3 , 1 . 22 ± acres ,
Residence District R- 15 .
2 . This is an Unlisted action for which the Town of Ithaca Zoning
Board of Appeals is legislatively determined to act as Lead
Agency in coordinated review . The Town of Ithaca Planning Board
is an involved agency in coordinated review .
3 . The Planning Board , at Public Hearing on March 21 , 1989 , has
reviewed the proposed site plan , environmental assessment form
and review , and other submissions related to this proposal .
4 . The Town Planning Department has recommended that a negative
determination of environmental significance be made for this
action .
THEREFORE , IT IS RESOLVED :
• 1 . That the Planning Board recommend and hereby does recommend to
the Zoning Board of Appeals that a negative determination of
environmental significance be made for this action .
2 . That the Planning Board , in making recommendation to the Zoning
Board of Appeals , determine and hereby does determine 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 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 report and hereby does report to the
Zoning Board of Appeals its recommendation that the request for
Special Approval for the proposed conversion of an existing
residence into a place of worship for the First Ithaca Chinese
Christian Church be approved , subject to the following
conditions .
i . That the parking spaces as shown on the site plan be
• completed by December 31 , 1989 .
ii . That any outdoor lighting be downcast .
Planning Board - 7 - March 21 , 1989
• iii . That the landscaping in front and in back of the Church be
completed to the satisfaction of the Town Planner .
There being no further discussion , the Chair called for a vote .
Aye - Grigorov , Kenerson , Lesser , Miller , Smith .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Grigorov declared the matter of Consideration of a
Report to the Zoning Board of Appeals with respect to a request for
Special Approval for the proposed First Ithaca Chinese Christian
Church duly closed at 8 : 02 p . m .
CONSIDERATION OF APPROVAL OF A MINOR MODIFICATION TO THE SUBDIVISION
PLAN FOR CHASE FARM SUBDIVISION , LOCATED ON EAST KING ROAD , SAID
MODIFICATION CONSISTING OF A CHANGE AT THE INTERSECTION OF PROPOSED
LAGRAND COURT WITH CHASE LANE . AUBLE HOMES , APPLICANT .
Chairman Grigorov opened the discussion on the above - noted matter
at 8 : 04 p . m . and read aloud from the Agenda as noted above .
Mr . David Auble approached the Board and stated that he was
before the Board tonight because his planner had recommended that he
• design a centerpiece in the intersection of Chase Lane and LaGrand
Court on the Chase Farm Subdivision . Mr . Auble offered that the
centerpiece would basically serve two functions - one would be to make
the street scene more attractive , and secondly , to force traffic to
reduce speed . Mr . Auble stated that he felt a nice centerpiece could
be designed that would not affect the line of sight , adding ,
obviously , that would be reviewed with the Town Planner , prior to
final implementation of the materials that would go into the
centerpiece . Mr . Auble mentioned that this kind of request is not one
that should be taken lightly , because it is done at considerable
expense by his planners , engineer , and staff persons . Mr . Auble
commented that he felt the centerpiece would be important to enhance
the project .
At this point , Mr . Auble introduced Mr . Rick Holt ,
Mr . Holt , following up on some of Mr . Auble ' s comments , stated
that he came from a national homebuilding background from the Midwest
and noted that the issue before the Board was quite commonplace in a
lot of areas that provide a nice visual improvement . Mr . Holt thought
that one of the things the Planning Board , hopefully , has noticed , is
the work that has gone into trying to add extra details to Chase Farm
with a nice set of deed restrictions . Mr . Holt commented that the
architecture was being controlled through architectural guidelines and
review . Mr . Holt stated that , along those lines , Auble Homes wanted
to , with their planners , come up with something that provided that
• visual extra that separated this project from a standard subdivision ,
or plat , remarking , in doing that a lot of expense has been generated .
Mr . Holt stated that he thought , at the same time , a lot of issues
Planning Board - 8 - March 21 , 1989
• need to be dealt with that the Town staff and the Planning Board might
have , such as traffic flow . Mr . Holt commented that he thought the
Town has worked quite hard to keep standards that emit a rural feel ,
adding that he felt this modification enhances that by trying to bring
about a change from a typical straight road , in a typical straight
intersection , and providing a nice visual centerpiece to the
intersection , commenting , in doing that , speed limits have to be
considered , along with traffic flow around the centerpiece , adding
that Mr . George Schlecht , Engineer for the entire project , will speak
to that specifically . Mr . Holt stated that he realized this request
was not necessarily commonplace to the Town of Ithaca or this area ,
but Mr . Schlecht can speak to the specific guidelines for traffic
design around a center island , such as the one proposed .
Continuing , Mr . Holt mentioned sight distance . Mr . Holt said
that for cars in the intersection it does not make any change for
sight distance , noting , if cars are sitting at that intersection they
can see each other just as clearly as if it were a straight
intersection . Mr . Holt stated that he felt most people pay much more
attention to visual barriers , and with an island such as the one
requested , people will naturally slow down to 15 - 20 mph to proceed
through the intersection , where they may not obey a sign indicating
20 - 25 mph , commenting , from that standpoint it actually improves the
safety more than lowering speed limits . Mr . Holt offered that he did
not think plowing and drainage had any other impact , but noted that
• Mr . Schlecht would speak to that .
At this time , Mr . Schlecht approached the Board , and indicated on
the appended map the main Chase Lane , the alignment of which has not
been changed . Mr . Schlecht explained that a car coming up from East
King Road would see a yield sign , and a sign located in the circle
indicating that he has to go around , as this would be a one - way
circle . Mr . Schlecht said that a car coming up Chase Lane that wants
to continue on Chase Lane would see the yield sign , come around the
circle and continue on , adding , a car coming out of LaGrand Court
wanting to go down Chase Lane would again see a yield sign , an arrow
directing him around the island , and then on down the hill , commenting
that that eliminates , to a large extent , a conflicting traffic
movement . Mr . Schlecht noted that the most critical conflicting
traffic movement would be a car coming up Chase Lane wanting to go
through and meeting a car from LaGrand Court who wants to go around ,
adding that the minimum sight distance with a [ indicating on map ] car
" here " seeing a car in the intersection is 175 feet , commenting ,
coming down LaGrand Court going east one can see 220 feet to the
northwest , and over 250 feet from the south going north . Mr . Schlecht
said that , from Chase Lane , going northwest , the sight distance is in
excess of 350 feet for any car coming around the intersection . Mr .
Schlecht stated that it has been suggested that " this " yield sign be ,
changed to a stop sign , adding that , certainly there is nothing wrong
with that , but he did not believe it is warranted , and to illustrate
that point further , they looked at what the minimum stopping distance
• should be , adding , if this were a through intersection , the sight
distance of 175 feet would warrant an uncontrolled , unsigned
intersection at a speed of 25 - 30 mph . Mr . Schlecht offered that , with
Planning Board - 9 - March 21 , 1989
• the current sight distance , if the speed limit were 30 mph , there
would not be an obligation to erect any yield signs or stop signs .
Mr . Schlecht noted the question of emergency vehicles , in that the
critical turning radius is in the northeast area of -the rotary , which
has been designed to handle a 50 - foot long semi - tractor trailer , which
is the largest vehicle with the longest turning radius of any standard
vehicle , adding , the pavement there is in excess of 20 feet in width .
Mr . Schlecht noted that the question of drainage has been worked
out , so that the overall drainage plan is compatible with the
particular change , as already designed . Mr . Schlecht noted one last
feature - the circle itself is designed with mountable curbs , which
gives a little extra factor of safety . Mr . Schlecht pointed out that
he has not had a chance to talk with Erik Whitney , Assistant Town
Engineer , about the technical elements .
Robert Kenerson asked about the bikepath . Mr . Schlecht responded
that the bikepath was not shown , but [ indicating on map ] it would
continue to come down along Chase Lane , brought around , cross LaGrand
Court , but not cross the circle . Mr . Schlecht , pointing to map , said
that the lots which appear " here " have been looked at in light of the
Town ' s latest requirements .
Mr . Holt commented that , even if there were maintenance on one
side of the circle , with the 20 - foot pavement width two vehicles could
• still pass on one side or the other , and not worry about closing the
road . Stephen Smith wondered if it would be better to make the circle
slightly larger and force a vehicle to see that it is a one -way road ,
with Mr . Holt responding that , with the signage , and the visual
appearance of the circle , he thought that would be a rare occurrence .
Mr . Holt noted that probably the last issue , and maybe of most concern
to the Town Planner , Planning Board , and staff , is one of plantings in
the middle . Mr . Holt offered that , with it being a 30 - foot circle ,
plantings would consist of something appropriate , as the Town would be
concerned with appropriate plantings that would not be a maintenance
issue . Mr . Holt asked the Board to approve this , conditional upon it
being approved by the Town Planner , as to what plantings were placed
there . Mr . Holt summarized that they have gone to quite a bit of
expense to create something new and different there , adding , it is
common to other parts of the country , commenting that it does provide
a functional visual impediment that slows traffic down , and gives one
that place of community , instead of a place to race through with a
car .
Robert Miller stated that he thought the centerpiece looked good .
William Lesser wondered if the land would be deeded to the Town , with
Mr . Holt answering , yes , it will be part of the right - of -way . Ms .
Beeners wondered if that meant the island would be deeded to the Town
as well , with Mr . Holt responding , yes , the Town would be maintaining
it , and along those lines , that is why he suggests reviewing the
plantings as to exactly what goes there . Ms . Beeners stated that , if
• the Board does see fit to approve this she would not want to be solely
responsible for approving the plantings , noting , she thought it would
also need approval by the Town Engineer , and the Highway
Planning Board - 10 - March 21 , 1989
• Superintendent , because there might be long - term maintenance and also
liability problems . Mr . Holt responded that that was fine , because
they want to make sure those plantings are acceptable to all the
parties . Town Attorney Ruswick asked if it had been determined if any
traffic warning signals were required stating an intersection was
being approached of this type . Mr . Schlecht answered , no , yield signs
and the go - around signs are required .
Robert Kenerson wondered about the next section , as there is the
same kind of intersection at the other end of the project . Mr . Holt
stated that when the specifics were brought in they would want to come
in again stating exactly what would be done there .
Assistant Town Engineer , Erik Whitney , pointed out that without
the traffic circle it is a simple three -way intersection , controlled
by one stop sign . Mr . Whitney noted that , with the circle there would
be six signs erected ; three guide signs in the middle and three yield
signs , noting that also the Town is taking the responsibility for
liabilities for possible obstruction in the middle of the road ,
although it does look nice , and probably would have the desired effect
of slowing people down . Mr . Whitney said that the Town does go to
great lengths on the sides of roads to make guardrails safe and
ditches safe , etc . Mr . Whitney commented that this would almost be
equivalent to putting a tree in the centerline of the road , because it
will slow people down , adding that he thought something potentially
dangerous was being placed in the middle to slow people down , and make
them think twice . Robert Kenerson wondered what the grade was through
there , shallow or a steep part of the property ? Mr . Whitney responded
that it was not steep , and a yield sign would be set back about 40
feet from the edge of the road , whereas if it were not that design ,
there would be a stop sign set back about five feet from the edge of
Chase Lane , commenting , sight distance would be increased . Mr .
Whitney stated that he would have no objection for this sort of
arrangement if a road were put in with a median down the middle . Mr .
Whitney stated that the above were concerns , and also maintenance of
the island was a concern . Mr . Whitney mentioned that , if the Town ' s
Parks Department were involved with 20 - 30 of those " tuffets " in the
middle of roads to maintain , then it would be a substantial
undertaking and cost to the Town . Mr . Holt commented that it was very
common for subdivisions to have signs , walls , and things like that
near their entrances , adding , those are usually maintained by the
resident who lives near there , and certainly there would be one person
willing to pull weeds to maintain it , without maintenance to the Town .
Ms . Beeners noted that the Subdivision Regulations call for a
minimum of 350 ' sight distance on roads with a wider right -of -way .
Mr . Schlecht responded that what one is talking about is a stopping
sight distance , which is relevant to the sight distance around a
horizonal curve or a vertical curve for prudent movements , explaining
that it applies to a case where someone driving down the road and
there is a child lying in the street , a driver wants to be able to see
• 350 ' ahead of him so there is ample time to stop . Mr . Schlecht
offered that the case in question , where the intersection sight
distance is , that is a different measure , and the distances come out
w Planning Board - 11 - March 21 , 1989
to be stated as less . Ms . Beeners referred to the Subdivision
Regulations , Section 23 , Paragraph 8 , which states : " For
thoroughfares having a right - of -way width of more than 60 feet ,
longitudinal profile grades shall be connected by vertical curves of a
minimum length equivalent to 20 times the algebraic difference between
the rates of grade , expressed in feet per hundred „ For all other
thoroughfares , the vertical curves shall be equivalent to ten times
such difference . At any point , the minimum sight distance shall be
350 feet . " Ms . Beeners wondered if Section 23 , Paragraph 8 , pertained
to a requirement that was pertinent to this issue . Mr . Schlecht
answered that it was two different measures , adding , the sight
distance that was being referred to in Section 23 , Paragraph 8 , is
stated as being a minimum of 3501 ; it is a very specific type of sight
distance ; one would measure it 4 - 1 / 2 feet above the ground , at the
driver ' s eye , to a point six inches above the ground , and it refers to
a certain type of hazard . Mr . Schlecht said that when one talks about
an intersection sight distance , it would be two objects 4 - 1 / 2 feet in
height , those sight distances are 1751 or 2001 , and the requirements
are met for those sight distances , adding , the 350 - foot sight
distances are met , as well , coming into the intersection , adding that
the island has no effect on it .
Chairman Grigorov mentioned that it would be an expense to the
Town , with Ms . Beeners responding , yes , the Assistant Town Engineer
has safety and long - term maintenance concerns , commenting that she has
• the same concerns , even though she appreciates the idea of putting
senses of place in subdivisions . Ms . Beeners stated that she was not
sure if this was something that was really needed , when one considers
negotiation of emergency vehicles , maintenance , and safety factors .
Ms . Beeners noted that there are 82 lots that would be potentially
using the intersection , adding , the lots are located to the south of
the intersection . Ms . Beeners offered that there had been discussion
earlier that it was expected that all the landowners of the 82 lots
would be using Chase Lane , rather than Ridgecrest Road , Mr . Lesser
inquired as to how the intersection would be illuminated . Mr . Holt
responded that one of the deed restrictions for the subdivision calls
for the requirement that every homeowner have a 100 Watt photocell
operated postlight within ten feet of the property line , which would
provide some illumination . Mr . Lesser wondered if the Town had its
own illumination stipulations , with Mr . Whitney answering that not all
the Town ' s intersections are lighted , although major intersections
are . Mr . Schlecht , making one last pitch for safety , noted that most
Town specifications have a built - in latent assumption that there is a
design speed of something like 35 mph . Mr . Schlecht said that the
sight distance of 350 ' referred to by Ms . Beeners , the minimum radius
is 1501 , noting , they all have a built - in assumption that there is a
design speed of 30 - 35 mph , yet it is inconsistent , as one ends up with
a road that people want to drive 50 - 55 mph on that really is only
safely designed for 30 - 35 mph . Mr . Schlecht stated that he realized
that this may cost the Town a little something , but not very much , if
the planning is done right . Mr . Schlecht felt that the safety
• benefits far outweigh the slight potential for an additional hazard .
Mr . Holt offered that many times he hears about towns and cities
expressing their views that it may be a liability to have some object
c
Planning Board - 12 - March 21 , 1989
• out there , especially which someone coming home late might run into ,
commenting that he felt that was an opposite way of looking at it , if
anything it would slow people down .
Mr . Auble mentioned that if there was a concern about the expense
of the signage from the Town ' s standpoint , then his group would be
willing to bear that expense . Mr . Auble stated that he felt Auble
Homes , Inc . was going way beyond the normal lengths in trying to
address the situation , noting that he has a little bit of a problem
with some of the technical drawbacks expressed . Board Member Robert
Miller again stated that the project looks good . Mr . Whitney stated
that he liked the design concept , but his only question was - if
someone does hit that tree or curb at a high speed , even though high
speed is their fault , is it the Town ' s liability if there is a tree in
the middle of the road ? Attorney Ruswick responded that he was not
going to say the Town was not liable . Board Member Smith stated that
he did not see a problem with the tree idea in the middle of the road
so much , because the road is wherever the road ends up going , and the
fact that it is in the middle of what used to be considered a path is
no longer a path . Mr . Smith stated that he felt it was no different
from a curve around a tree , adding that he , perhaps , would like to see
the circle a little larger just to be sure that it is a one -way
system .
At this point , Mr . Auble stated that , in trying to move forward ,
• he would be willing to work with the Town Engineer and Town Planner on
both the size and nature of the plantings . Chairman Grigorov wondered
if there was some kind of DO NOT ENTER sign , so that no one could cut
across the left side . Mr . Auble answered that the signage on each
point would have a directional arrow . Mr . Auble offered that the
signs are the normal standard reflective signs , and in addition to the
lighting from the houses , the signs themselves will be reflective .
Mr . Lesser noted that , having spent a lot of time in Rhode
Island , which has lots of roundabouts , he was not really deterred by
the idea , but he did recognize that speeding on secondary roads is
becoming a real issue in the Town , noting that he sincerely supports
something that would help reduce speed . Mr . Lesser suggested that
once it is in place , the Town at least consider the possibility of
lighting it , if indeed , the secondary lights are not adequate , adding
that perhaps the developer would agree to help defer some of the
costs .
Ms . Beeners stated that there is a section in the Subdivision
Regulations that deals with minor modifications , and -the Town Engineer
is empowered to approve minor modifications , then make a report to the
Planning Board , commenting , the involved area neighborhood association
was notified . Board member Miller stated that he thought the proposal
was better than what they had .
Chairman Grigorov asked if there were any . other comments . There
being none , Chairman Grigorov asked if anyone were prepared to offer a
Motion .
T
Planning Board - 13 - March 21 , 1989
• MOTION by Mr . Robert Kenerson , seconded by Mr . Robert Miller :
WHEREAS :
1 . This action is the consideration of approval of a minor
modification to the subdivision plan for Chase Farm Subdivision ,
located on East King Road , said modification consisting of a
change at the intersection of proposed LaGrand Court with Chase
Lane ,
2 . This is an Unlisted action for which the Planning Board has been
legislatively determined to act as Lead Agency for environmental
review .
3 . The Town Planner has recommended a negative determination of
environmental significance for this action .
THEREFORE , IT IS RESOLVED :
That the Planning Board , acting as Lead Agency in the
environmental review of this Unlisted action , make and hereby does
make a negative determination of environmental significance for this
action .
There being no further discussion , the Chair called for a vote .
• Aye - Grigorov , Kenerson , Lesser , Miller , Smith .
Nay - None .
The MOTION was declared to be carried unanimously .
At this point , Chairman Grigorov , directing her comment to Ms .
Beeners , asked if it was up to the Planning Board to decide on this
matter . Ms . Beeners responded that Section 17 of the Town Subdivision
Regulations allows the Town Engineer to approve minor practical
modifications on behalf of the Planning Board , and then make a report
to the Planning Board on it . Ms . Beeners stated that it appeared to
her , part of this deal relating to timing , when this was received , and
other things , that because it involves a change to a public
right - of -way the Town Board would have to approve it .
Continuing , Ms . Beeners said that this is a change to a road
right - of -way , and because of the reservations the Assistant Town
Engineer , Erik Whitney , has expressed , as well as the gut reactions
that she [ Ms . Beeners ] has about having a roundabout thing that
someone is going to have to maintain . Ms . Beeners commented that it
is a new feature that has not been seen at an intersection like this .
Ms . Beeners stated that she thought the Town Board would have to
approve it . Attorney Ruswick responded that he did not have a firm
opinion on that . Attorney Ruswick wondered what the current approval
of the street• was , at it stands . Ms . Beeners responded that on the earlier plat submitted it did receive approval of its location by the
Town Board . Ms . Beeners offered that before the Board tonight was a
modification to what is proposed to be dedicated to the Town ; it is
Planning Board - 14 - March 21 , 1989
• not like modification of a lot line which would not involve Town
dedication . Attorney Ruswick stated that , since the Town has already
approved the street as it was already existing and if that needs to be
modified , the Town Board needs to approve it . Mr . Auble wondered if
this was brought up to his staff during discussions with Town staff .
Ms . Beeners replied that the Town staff would like to receive these
types of requests , when there is an urgency implied on the developer ' s
part for construction , well in advance of any meeting where the
developer would like to have it come in . Mr . Harrison Rue stated that
he had a meeting , along with presenting a sketch , with the Town
Planner two weeks ago , adding , at that point , he was led to believe it
was appropriate for the Town Planning Board to rule on it , and the
reason for going to the Planning Board was that it was a modification
that seemed a little bit more involved than the engineer would pass
on . Mr . Rue said that he was informed that the material for the
request was submitted in time for mailing on Friday . Chairman
Grigorov remarked that it probably would have gone to the Planning
Board , as well as the Town Board . Mr . Rue offered that the final
version was brought in today , March 21 , 1989 , but that it was just the
clean drafting done by George Schlecht , Engineer for the project . Mr .
Rue commented that they were in somewhat of a rush to do this , as it
is about a two week old plan , adding , in the initial. conversation it
appeared to be a minor modification . Ms . Beeners agreed , and noted
that when time was available for engineering staff to actually take a
look at it , then that is the way things have proceeded , adding , maybe
• she should not be speaking for Erik , but it is a nice concept .
Mr . Whitney stated that it is a new animal , and did not know if
it was going to bite or not , commenting that staff would like another
week to get used to it .
Mr . Auble stated that his concern was that they have fairly
expensive expertise involved in this to have them come to multiple
board meetings , when , in fact , it appears to be an improvement on the
site and a relatively minor modification . Mr . Auble stated that he
would like to have the game plan laid out for him , as to procedures ,
so they can make sure these expenses are taken into account in their
future planning . Ms . Beeners responded that she thought that was done
to the best of staff ' s abilities in the short timeframe in which the
material came in . Mr . Whitney offered that they had three working
days_ to look at it , between a number of other things , noting , right
now the Town engineering staff is short - handed . Mr . Whitney stated
that their initial gut feeling was that it is a nice idea , but they
just do not have any experience with it .
Mr . Auble stated that they were asking just to be able to move
forward and be able to work with the staff , continue the process , and
work out a good plan . Mr . Auble stated that he felt the Planning
Board was in favor of the basic approach , adding that he was perfectly
willing to cooperate on the details of it . Mr . Auble said that they
need to know the steps and procedures .
• Mr . Lesser stated that it would be helpful to him , because it
seems very possible that proposals of this nature could well come
Planning Board - 15 - March 21 , 1989
• before the Board again , to have some sort of reading from the Town
Board , as to their view about safety and the maintenance aspects , etc .
Mr . Lesser wondered if the Town Board would like some sort of sense
from the Planning Board as to whether the Planning Board approves the
resolution or not . Robert Miller wondered , are we the wrong Board , is
that what you are saying ? Attorney Ruswick commented that because
there is also a change in the roadway , it has to be made conditioned
on Town Board approval . Chairman Grigorov stated that she hates to go
ahead and approve it because of the reservations expressed by the
professionals . Mr . Auble remarked - why do we have a Board ?
Mr . Holt stated that they do need approval of the plat change ,
independent of the road .
Robert Kenerson said that we are really talking procedural as to
what else are we supposed to do that would be helpful ; we have only ,
so far , made a negative determination of environmental significance ,
we have not talked about the plantings , etc . , to be approved by the
Town staff . Mr . Kenerson wondered if the Planning Board should do that
as a part of this or not . Attorney Ruswick answered , yes , if the
Board wants to phrase the resolution to approve it , the Board would
want to condition it on the plantings meeting approval of the Town
Planner and the Engineer , and the design changes as presented . Robert
Kenerson wondered if that was the feel of the Board . Chairman
Grigorov responded that she did not know if there was a safety
• problem , lighting , etc . Mr . Auble commented , if anything , they are
saying the total objective is to improve the safety , adding , it could
not be any less safe on Ridgecrest Road or Troy Road ,
Mr . Holt stated that having been president of two other civic
associations that have gone to a town and specifically asked for
something to be placed as a visual barrier in a " T " :intersection like
that to slow traffic down that was doing an average of 45 mph in a 25
mph speed limit , speed limit signs do not do it .
Mr . Whitney offered that the best thing to do in the Town ' s
interest is to have the neighborhood association own the island , and
therefore , an accident happens , the Town would not be liable at all .
Chairman Grigorov wondered if that was a possibility . William Lesser
wondered if there was a neighborhood association , with Mr . Auble
responding , no . Chairman Grigorov mentioned that she would not count
on a neighbor weeding the roundabout . Mr . Auble said that there are
several types of plantings that eliminate weeds , with Mr . Holt stating
that that would be reviewed with the Town Planner and others .
Mr . Lesser stated that his view was that the Town is going to
have to be spending some time and money maintaining the trail anyway ,
and , perhaps , in conjunction with that , this area could be maintained ,
adding , he thought this was somewhat of a different situation than if
the Town had really no reason to enter that area , except on occasion .
• Ms . Beeners stated that the trail is mitigating some of the
impact of the potential for high speed on that road . Mr . Holt
responded that he did not agree with that .
Planning Board - 16 - March 21 , 1989
• There appearing to be no further discussion , Chairman Grigorov
asked if anyone were prepared to offer a motion .
MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson :
WHEREAS :
1 . This action is the consideration of approval of a minor
modification to the subdivision plan for Chase Farm Subdivision ,
located on East King Road , said modification consisting of a
change at the intersection of proposed LaGrand Court with Chase
Lane ,
2 . This is an Unlisted action for which the Planning Board has , on
March 21 , 1989 , made a negative determination of environmental
significance .
3 . The Planning Board has , on March 21 , 1989 , reviewed the modified
plot plan and other submissions related to this proposal .
THEREFORE , IT IS RESOLVED :
That the Planning Board approve and hereby does approve the
modified plot plan as presented , conditioned upon the following .
• 1 . That the final design of the proposed roundabout be approved by
the Town Engineer and the Town Highway Superintendent ,
2 . That the planting design for said roundabout be approved by the
Town Planner , the Town Engineer , and the Town Highway
Superintendent ,
3 . That the lighting at the intersection of Chase Lane and LaGrand
Court be at the discretion of the Town Engineer .
AND FURTHER , IT IS RESOLVED :
The the Planning Board recommend and hereby does recommend to the
Town Board that the road system modification be accepted subject to
the conditions hereinabove set forth .
There being no further discussion , the Chair called for a vote .
Aye - Grigorov , Kenerson , Lesser , Miller , Smith .
Nay - None .
The MOTION was declared to be carried unanimously .
Chairman Grigorov asked if there were any other comments . There
being none , Chairman Grigorov declared the matter of intersection
modification at Chase Farm duly closed at 9 : 01 p . m .
• SKETCH PLAN REVIEW : PROPOSED MODIFICATION OF DEER RUN SUBDIVISION ,
PHASE III , PRELIMINARY PLAT , TO REPLACE 71 TOWNHOUSE UNITS WITH 54
Planning Board - 17 - March 21 , 1989
• SINGLE FAMILY DETACHED DWELLING UNITS , LOCATED NEAR EAST KING ROAD AND
TROY ROAD , DEER RUN INVESTORS , . L . P . , OWNER /APPLICANT .
Chairman Grigorov opened the discussion on the above - noted matter
at 9 : 02 p . m . and read aloud from theAgenda as noted above .
Mr . Niederkorn , Agent for the project , approached the Board and
appended maps to the bulletin board .
Mr . Niederkorn stated that they came up with a plan that was
presented some time ago , noting that that is the plan that is
basically being developed , and built , at the present time . Mr .
Niederkorn offered that the project consists of 180 units , and all but
27 of them were single family townhouses in larger structures , such as
indicated on the map , adding that these are 3 , 4 , and 5 unit
buildings . Mr . Niederkorn noted that there is a Homeowners '
Association that is responsible for the maintenance of all the common
lands , and maintenance of the buildings themselves on the outside .
Indicating on the map , Mr . Niederkorn said that the developer has
built " this " much of the road , and has built " these " units along
Whitetail Drive , up to " this " point , with some of " these " being under
construction right now .
Mr . Niederkorn stated that the developer is getting ready to go
into Stage III . Mr . Niederkorn stated that , for a variety of reasons ,
. the developer would like the Planning Board to consider the
possibility of switching the dwelling type . Mr . Niederkorn commented
that , specifically , the developer wants to switch from single family
townhouses in 3 , 4 , and 5 unit clusters to single family units . Mr .
Niederkorn offered that the reason , from an aesthetic point of view ,
and a functional point of view , is that it decreases the density , and
as one can see , the farther up the hill the denser these units are .
Mr . Niederkorn said that by switching to a single family unit , the
developer does lose a number of units , commenting that it reduces the
density from 180 to 161 , but it also gives a little bit of visual
diversity , and it makes it seem less congested than it might have
been . Mr . Niederkorn stated that the developer is suggesting a
redesign of [ pointing to map ] " this " upper portion of the subdivision .
Mr . Niederkorn stated that , basically , the developer is looking at 54
single family dwellings , commenting that a majority of them would be
zero lot line dwellings . Mr . Niederkorn said that the dwellings would
not be the conventional zero lot line houses because the lots are
bigger than one would get in normal zero lot line housing , noting that
what it does mean is that one of the yards is eliminated so that the
house itself is built right over on the property line ., Mr . Niederkorn
[ pointing to the map ] stated that the developer is pulling apart
" these " two roads [ Saranac Way and the upper part of Whitetail Drive ]
and getting more space between the two roads , therefore , more space
between the rows of structures . Mr . Niederkorn offered that , by going
to somewhat smaller units it would free up the site considerably , in
terms of density . Mr . Niederkorn stated that he suggests these
• features on the length of the road primarily as an aesthetic point ,
noting that it gives one a visual diversion .
Planning Board - 18 - March 21 , 1989
• Mr . Niederkorn , referring to the zero lot line dwellings , noted
that the smallest lot , of which there are two , have a frontage of 60
feet , and an area of 9 , 000 square feet each , adding , the lots are
pie - shaped , and as they widen back to the building line , the lot would
be closer to 70 feet in width , commenting that the lots are about
150 ' X 701 . Mr . Lesser wondered what the approximate dimension of the
proposed yard would be , with Mr . Niederkorn replying , a minimum of 30 '
between structures . Mr . Niederkorn stated that the developer intends
to build all the houses .
At this time , Mr . Niederkorn distributed xeroxed pictures of the
style of housing proposed .
Mr . Hallberg , developer of the project , addressed the Board and
stated that he wanted to make the change of housing for a couple of
reasons . Mr . Hallberg noted that one of the reasons would be to bring
them in line with the height variation , commenting , the second floor
of the house would be incorporated within a roof line , so a number of
them will look like single story houses , noting that on the downhill
side of the road there would be walk - out basements . Mr . Hallberg
stated that the second reason was because of the Sprinkler Law , which
makes it absolutely not feasible to build attached houses . Mr .
Hallberg offered that the third item would be the neighborhood groups ,
and their concerns , in that he intends to bring the development into
character with the neighborhood . Chairman Grigorov wondered if the
• houses would be single family , with no subsidiary apartments . Mr .
Niederkorn responded that there would not be apartments in the houses .
Mr . Niederkorn offered that the homes would be 1200 -11500 square feet
on two levels . Mr . Hallberg mentioned that all the grounds would be
maintained by a Homeowners ' Association , adding , in terms of the
exterior maintenance that would probably be done via the Restrictions .
Mr . Hallberg offered that the homes would be cedar - stained .
Mr . Kenerson asked about the landscaping , with Mr . Hallberg
answering , it will be very similiar to the townhouses . Mr . Smith
wondered how the cost of the proposed houses would relate to the
townhouses . Mr . Hallberg responded that the low end of the houses
would be the top end of the townhouse price , commenting that the
average price of a townhouse right now is probably in the neighborhood
of $ 110 , 000 . 00 . Mr . Hallberg remarked that the houses would start at
about $ 115 , 000 . 00 to $ 125 , 000 . 00 . Mr . Smith asked about the low price
of the townhouses , with Mr . Hallberg replying , the base price right
now is $ 97 , 900 . 00 . Mr . Lesser asked about the lots . Mr . Hallberg
stated that the lots at Deer Run are in fee simple , adding that one
automatically becomes a member of the Homeowners ' Association when one
owns a townhouse . Mr . Hallberg mentioned that he is trying to make
provisions so that people could , perhaps , have a 10 ' X 12 ' garden with
the detached homes . Mr . Lesser wondered about open spaces , and what
effect _ it would have on the proposed move to single family . Mr .
Hallberg said that there would be less common land , probably about
2 . 03 acres . Mr . Niederkorn stated that a lot of the common land in
the original plan was [ indicating on map ] " this " uphill portion . Mr .
Niederkorn stated that the Preliminary Plan would be more specific ,
and would show the area of construction , noting that the landscaping
M
Planning Board - 19 - March 21 , 1989
. would be planned all at once .
Ms . Beeners wondered , as George Frantz Assistant Town Planner
suggested , if it would be appropriate to rotate some of the lots . Mr .
Frantz noted the lot numbers as 28 - 34 on Whitetail Drive , explaining
that the houses seem to be oriented in a southerly direction . Mr .
Niederkorn noted that the intent was to take advantage of the
southerly exposure , rather than to take advantage of the view . Mr .
Niederkorn remarked that those particular houses would not have to
have a solid wall , because they are offset enough . Ms . Beeners asked
if most of the units would have a solid wall . Mr . Hallberg responded ,
not necessarily a solid wall , adding that the garage side of the house
will always be on the lot line .
Ms . Beeners had a question on a couple of units that were in the
middle of a couple of hedgerows , such as Number 47 , adding that it
seemed to her that there was an old farm drainage ditch there . Mr .
Hallberg replied that the drainage ditch is older than the last
development that was planned , noting that it is dry most of the time ,
other than normal rain water . Ms . Beeners asked about a trail
connection . Mr . Niederkorn responded that that is shown . Ms . Beeners
stated that , for the Board ' s information , the trail is something that
she has been trying to discuss , noting that it does take a little
research on her part as to how it can connect to the ButterField
trail , and adding that this will be firmed up as soon as possible .
• Mr . Lesser commented that he thought this was a very appropriate
move , in that the originally proposed number of townhouses would
create quite a dense area . However , at the same time , Mr . Lesser was
a little bit concerned that the clustering concept would not be moved
into smaller lots . Mr . Hallberg remarked that he would not bring this
before the Board if it were not a previously considerated cluster
subdivision . Mr . Lesser stated that the next time this comes before
the Board he would be very interested in apportioning the reduction in ,
common space , etc . , because he felt that is really the trade -off for
the cluster open space . Mr . Hallberg noted that , in terms of open
space , there still remains a total acreage of about 40 % of the land ,
either going to Town park , or to a Nature Preserve , the stewardship of
which would be Cornell Plantations ,
Mr . Frantz mentioned that zero lot line was pretty well
established as a subdivision design tool . Mr . Frantz stated that
there are a number of ways to handle maintenance on the side of the
home that sits on the lot line . Mr . Hallberg said that , basically , it
would become a blanket easement brought on by deed restriction .
Chairman Grigorov commented that she felt this was a big
improvement to the general plan , with Robert Miller agreeing with
Chairman Grigorov , Mr . Kenerson wondered if this was the end for the
Deer Run project . Mr . Hallberg responded that he has one parcel of
land that is left , which is 7 - 1 / 2 acres , east of the power lines where
• he might like to construct two or three houses . Ms . Beeners wondered
if this meant the Board would see redistribution of the number of
r
Planning Board - 20 - March 21 , 1989
• units to see more than one house on that 7 acres . Ms . Beeners stated
that she thought this may make things a little complicated as far as
tallying things up . Ms . Beeners stated that she liked the plan , but
the reduction in total dwelling units should really try to show what
might be possible on that property as well .
Chairman Grigorov asked if there were any other comments . There
being none, Chairman Grigorov declared the matter of the proposed
modification of Deer Run Subdivision , Phase III , Sketch Plan Review
duly closed at 9 : 46 p . m .
APPROVAL OF MINUTES - February 7 , 1989
MOTION by Robert Kenerson , seconded by William Lesser .
RESOLVED , that the Minutes of the Town of Ithaca Planning Board
Meeting of February 7 , 1989 , be and hereby are approved as written .
There being no further discussion , the Chair called for a vote .
Aye - Grigorov , Kenerson , Lesser , Miller , Smith .
Nay - None .
The MOTION was declared to be carried unanimously .
AGENDA ITEM : PLANNING DEPARTMENT REPORT
Ms . Beeners indicated that the Board should be aware that the
Supreme Court has remanded Cornell Quarters back to the ZBA for
reconsideration of the whole issue . Attorney Ruswick stated that
Cornell had sued the ZBA on Article 78 proceeding . Continuing ,
Attorney Ruswick stated that , basically , the ZBA had required ,
according to the Town Law , sprinklers in a modular home . Attorney
Ruswick said that Cornell ' s position was that State Law said the Town
could not require sprinklers , since these were modular homes .
Attorney Ruswick noted , even though he has not read the decision , that
his understanding was that the Supreme Court says : you are right ; the
ZBA cannot require the sprinklers , but their approval is still needed ,
adding , that is why it was sent back to the ZBA for a re - hearing .
Stephen Smith asked if the homes were single unit modular homes , with
Mr . Kenerson answering , they are two units together , with some of them
being multiple , with six or seven people living in them . Ms . Beeners
stated that the ZBA will probably be thinking about it very shortly ,
and it is possible that the Planning Board will see it again .
Continuing , Ms . Beeners noted that , in spite of the above ,
Cornell did give a check to the Town for $ 10 , 000 . 00 , which is in
escrow , for the sidewalk on Mitchell Street . Ms . Beeners stated that
that contribution , plus what was set up with Ide ' s contribution of
$ 3 , 000 . 00 , would cover half of the cost of the off - site improvements
to do that . Mr . Kenerson wondered if the Marine Midland Bank would
• become involved in this , with Ms . Beeners responding , that remains to
be seen , adding that the project implementation time is 1994 , which
would be the deadline before the money would probably have to be
r
w Planning Board - 21 March 21 , 1989
• returned to Cornell . Mr . Kenerson wondered about the exact location
of the sidewalk . Ms . Beeners replied that it roughly depends on what
is seen in the next year or so , adding that it depends on Ide ' s
development , and whether Cornell is really serious about trying to
make improvements at East Hill Plaza , as they occasionally mention ,
but there is no indication that they would be in right away .
Ms . Beeners mentioned the Mancini site land behind Cannon Pool ' s
proposed site on Elmira Road , in that the Mancini site was one of
several that was being looked at for the. transfer site for the County
baling station . Ms . Beeners stated that now a site is being
considered right behind the new Zikakis Auto Plaza on Elmira Road
instead , however , she had attended a meeting regarding that and saw
their evaluation of the Mancini site . Ms . Beeners noted that
Mancini ' s attorney may be contacted , and she expected to be able to
get them to work along , as far as providing some kind of a master plan
of their property . Mr . Smith wondered if the baling activity would be
accessed off Route 13 . Ms . Beeners responded that , yes , it would be
off Route 13 , but there are a lot of things ruling against that site ,
e . g . , access , and views . Ms . Beeners remarked that access would
probably mean a stoplight .
Ms . Beeners commented on the Rose Hill development , in that they
have hired a landscape architect , which , she thought , everyone was
secretly praying for . Ms . Beeners offered that a meeting was held ,
• and the architect is now looking at the plan to try and massage it a
little bit , so it is more sensitive to landscape , adding , what they
ended up with at the end of the meeting was that the open space on the
entire site would be privately owned by a Homeowners ' Association , and
that there was not really an easy mechanism or easy site to get a
small town playground in there for neighborhood use . Ms . Beeners
noted that there are opportunities on the other side of West Haven
Road and elsewhere to provide that , adding , there is no official way
that anyone can sanction , what she is sure will happen , with little
kids from the neighborhood going in and playing on it . Ms . Beeners
again noted that the open space would be owned by the Homeowners '
Association , and a possible trail right - of -way would be provided which
would be dedicated to the Town , which would run from [ indictating on
map ] about in " here " , the Cliff Park Brook area , up to the cul de sac ,
walk along roads , and then there would be a possible trail easement
provided over to the YMCA property , commenting that there could be
some kind of bicycle / pedestrain route , eventually , all the way to the
City of Ithaca line . Ms . Beeners stated that the new landscape
architect argued very strongly against making the townhouse
development have a provision for right - of -way extension into the YMCA
property , adding that they could see it both ways , in that it would be
nice to have an additional outlet , but that , indeed , the YMCA property
does have enough frontage for its own circulation . Ms . Beeners stated
that she was sort of persuaded by his arguments , and said okay , if you
can persuade the Planning Board about the safety aspects , including
sprinklering and any other design aspects . Chairman Grigorov asked
• about fire truck access to the townhouses . Mr . Frantz responded that
the developer is going to rework the access to the townhouses .
Planning Board - 22 - March 21 , 1989
• Continuing with the Planning Department Report , Ms . Beeners
mentioned Cayuga Lake Estates , Ms . Beeners stated that she received a
letter today , dated March 13 , 1989 , addressed to the Planning Board
Members , from David L . Klein , in which he remarked on two proposed
subdivisions . Mr . Klein ' s letter is attached hereto as Exhibit 1 . 1
Ms . Beeners commented that more evaluation would be done on the two
items mentioned in the letter . Ms . Beeners mentioned what she thought
was interesting , and relating to the Planning Board only , was the fact
that the Comprehensive Plan Draft Statement does make some comments
about maintaining , essentially , as a band of forest , with only
penetration of that forest for utilities and roads , adding , there is a
density of development that she thought everyone was a little
uncomfortable with , and commenting that the Comprehensive Plan Draft
Statement indicates that whole band above Route 89 as low density .
Ms . Beeners , referring to the South Hill Trail , stated that she
and Assistant Town Planner George Frantz would be attending a meeting
with the City Planning and Development Committee on March 22 , 1989 "
and listening to their discussion , as to the fact that some people at
the City think they should be involved in the SEQR Review , adding that
she found nothing that indicates that the City would be involved in
that fashion . Ms . Beeners noted that back in May of 1988 , she and Mr .
Frantz attended three or four different committee meetings at the
City : Board of Public Works , Planning and Development Board ,
Conservation Advisory Council , and the Six Mile Creek Oversite
• Committee . Ms . Beeners stated that they secured an endorsement from
the Planning and Development Board to pursue the project , adding , they
[ the City ] are a little worried about it again . Ms . Beeners stated
that it seems to be - - why do we need 66 feet to put in a simple
s trail ? - - adding that they think that would be done and a road would
magically appear superimposed right over the trail , and commenting
that they are also worried about roads and sewer extensions through
there . Ms . Beeners offered that she , basically , thinks there are
enough mechanisms in place , including just the ongoing discussions
with the City , in trying to formulate stuff in the Comprehensive Plan
Statement dealing with land use policy , in that any types of proposals
dealing with that can be dealt with at a later time . Ms . Beeners
remarked that the NYSEG right- of - way width is 66 feet , and , basically ,
it has been noted that the space is needed for proper buffering ,
management of the vegetation , and making sure signage is placed in the
right places where it relates to individual property owners . Ms .
Beeners said ' that the trail undulates at the present time , and
mentioned that the survey costs to try to establish anything within
that , would be ridiculous as well . Ms . Beeners stated that she
thought one thing the City has not realized fully is the emergency
access possibilities with the light rescue vehicle they have ,
commenting that having an 8 - foot trail capable of vehicular access
would provide better life safety access for the watershed property ,
and further commenting , if the City , someday , decided to purchase a
forest fire emergency truck , e . g . , there were extended droughts , and
the City got into a more enhanced watershed policy , then there would
• be the ability for fire fighting . Mr . Frantz commented that he felt
there were mixed signals from the City because this year they are
questioning the need for 66 feet of right - of-way , and last year the
w Planning Board - 23 - March 21 , 1989
Six Mile Creek Oversite Committee commented that 66 feet was not
enough . Mr . Frantz stated that last year another concern was that a
portion of the watershed area was being opened up above the 60 - foot
dam that is closed to the public , but , this year in the reports and
recommendations from the Conservation Advisory Council , it is
recommended that an Adirondack Park style park be set up in the area
of the watershed above the 60 - foot dam .
Ms . Beeners announced that there would be a meeting with Stuart
I . Brown , regarding the Comprehensive Plan , at the NCR cafeteria on
Danby Road , on Tuesday , March 28 , 1989 at 7 : 30 p . m .
At this time , Ms . Beeners passed around , for the Board ' s review ,
a map , and indicated that , outlined in red , there is an area along
Fall Creek where Citizens Against Hydropower at the Ithaca Falls are
proposing to the State that Fall Creek be made a scenic and
recreational river corridor . Ms . Beeners offered that any citizens
group may propose that to the State , but it takes a legislator to
really introduce it , noting that she would expect Marty Luster or Matt
McHugh to seek the Town ' s opinion first . Ms . Beeners said that the
issue would maybe be brought up at the next Planning Board meeting to
ask for the Board ' s formal opinion on the matter . Ms . Beeners noted
that the matter is specifically to try and stop the Hydro Plant , but ,
if that designation were accepted , special permits would be required
for a whole bunch of different uses , and variances , such as any roads ,
new or expansion or alteration of roads or bridges , which would not be
• specifically just serving the river or creek itself .
Robert Kenerson wondered about the jurisdiction on a creek like
Fall Creek , with Ms . Beeners answering , DEC protected stream . Ms .
Beeners said that 850 of the land along that corridor is owned by
Cornell University or the State , commenting , the State land is mostly
down near Cayuga Lake , Ms . Beeners stated that , at the present time ,
a good part of the land is Cornell Plantations Preserve Area , adding
that Cornell does not particularly like this , because they feel that
things are sufficiently managed as they are . Ms . Beeners noted that
Beebe Lake would probably be excluded , but it would pose real
problems , for example , if Cornell wanted to expand their water intake ,
or do anything along that corridor .
William Lesser remarked that what little bit he knows about
small - scale hydropower suggests that , at least for a private venture ,
there is no way that that facility would become anywhere near paying
for itself , once the substantial tax benefits had been dropped . Mr .
Lesser said that it is still possible for the City to bumble in and
get involved in a losing venture . Mr . Lesser stated that it seemed to
him , that a lot of the threat of development going on here , and private
firms coming in , is just wholly outside reason , adding , it seemed to
him that before someone had to go to this length to try and protect
something , he thought it would be important to document that there
really is a substantial threat . Ms . Beeners commented that there is a
• proposal in draft form , which the Town has a copy of , and it has
information about trails , and lands being managed by Cornell or Cayuga
Trails Club . Ms . Beeners noted that it is being sufficiently managed ,
Planning Board - 24 - March 21 , 1989
plus it seems that the Town and other municipalities are moving along
in planning , so why encumber it with a variance procedure . Mr . Frantz
voiced his concern that even if Fall Creek were to get the
designation , it does not absolutely preclude the development of a
hydropower plant ; it really just sets up another hoop for someone who
wants to do it to jump through it . Mr . Frantz said that the City
planning staff views it as enough of an expense to potential
developers that they will drop the idea .
AGENDA ITEM : CONSIDERATION OF APPOINTMENT OF PLANNING BOARD VICE
CHAIR .
At this time , Board Member Robert Miller recommended that the
decision on the Planning Board Vice Chair be deferred until all Board
members were present . Board Members Grigorov , Kenerson , Lesser , and
Smith were all in agreement with Mr . Miller ,
ADJOURNMENT
Upon Motion , Chairman Grigorov declared the March 21 , 1989 ,
meeting of the Town of Ithaca Planning Board duly adjourned at 11 : 15
p . m .
Respectfully submitted ,
• Mary Bryant , Recording Secretary ,
Nancy M . Fuller , Secretary ,
Town of Ithaca Planning Board .
•
a
i
13 March 1989
T0 : Planning Board Members
FROM : David L . Klein
It was an odd feeling sitting across from all of you at
last 'Week ' s Planning Board meeting ! I actually intended to
see only the West Hill master plan presentation , but
decided to stay for the show . If you have the patience to
read an unsolicited letter , I ' d like to share some
observations with you .
_Cannon Sia
— Anyone making a request before the Planning Board at a
public hearing should be required to display a legible
drawing ( s ) for the public to see , in order for the
public to comment intelligently on the proposal , as
well as to follow the Board ' s discussion .
The piecemeal subdivision of the commercial / industrial
zone on the Elmira Road could rapidly create an
• eyesore that rivals the one within the City limits .
George Frantz is correct in wanting to limit future
piecemeal subdivisions .
Landscaping , setbacks , and signage control are
critical .
Outdoor display is not allowed in Business Zones A , B ,
C . and E . in Industrial Districts , it it vague . This .
should be very carefully controlled .
The material provided by Cannon Spa was terrible , and I
hope the resubmittal will be more professional and
complete .
McCardle Development / Clark En ineers
Definitely a professional presentation , but a project
still with serious problems .
It ' s mind boggling that soil borings
taken when the general observations are vthat rocket bisn
very shallow , and its
presence could affect many
aspects of the design .
I
EXHIBIT 1
Planning Board Members
13 March 1989
Page 2
What the engineers regard as " minor drainage
intervention " for the many natural waterways could be
very difficult and disfiguring to achieve if there is
shallow rock . The4Board should insist on numerous
borings or test pits prior to any further
consideration of drainage plans .
Conventional subdivision would ruin this site .
Susan ' s earlier review comments were very appropriate .
This is the opportunity to mandate cluster and dictate
the terms . Density is the Board ' s perogative , as
stated in Section 32 , paragraph 1 . How many units
that could be ' .- "platted is almost irrelevent .
Some land is less suitable for full development than
others . This - is a beautiful property and should be
treated carefully .
A single family detached cluster layout as proposed is
less expensive for the developer than conventional ,
M and would likely be more profitable . With the same
number of lots , th,e •re are less roadways , simpler
grading , less sewer , water , telephone , electric lines ,
etc . , yet the sales price of each lot would likely be
pegged at the same amount as conventional .
Since the Town Board must approve the road system ,
You might consider come early coordination between
the Boards . I personally am very concerned with
building any road across the ravine . I also have ,
serious reservations about the steep slopes within the
entire development , especially the 12 - 1 / 27 grade from
Route 89 . A linkage from Happy Lane is highly
unlikely given the topography and land ownership .
If this project ever moves to approval , complete
grading and landscape plans for each lot should be
provided . I wince whenever I pass through or near
Grandview subdivision and observe the barrenness , the
open ditches , the lumpy road , the steepness of
Tower view Drive , and the tortured grading that was
required to site houses on some of the approved lots .
EXHIBIT 1
, _ I
Planning Board Members
13 March 1989
Page 3
Continue your thoughtful deliberations .
Thanks for your time .
cc . Susan Beeners
Town Board
r •
EXHIBIT 1
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t 'Y
" SAV IT Of tUJ 1XATION,
GHEE ITHACA14 JOURNAL
_. _ edl_ Y; IJ .P15 . . .. _ _. . . .. _ . .- . . _ . .. . _ . .. _ . _. . . . . . . being 2 .J % rv -o:3• depos -s
an = ss yz , E.0 be resi d m it I tt ac s , Court ty an .-' r;a t e an d
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.� TOWN OF ITHACA PLANNING
66t be I! .. �eC�_ ._ .�_: _. . .. BOARD, NOTICE OF PUBLIC
HEARING TUES. , MARCH 21 •
of ?ffi ITs.ACA JOL•T,S wL A �7JbJ . n+• rpap� p intz+d aDa pJ �.iS�� . By direction of the Chairman
1 ^ ~ f
• - - - - o the Plannin Board, NOTICE
IS HEREBY GIVEN, that o Public`I
' ib Ithim 1.f'ST'!"�>ivol anad that Db$� , of v�•hiab t.]1 a annexed is t true Hearing will be held by the. l
L-+ Planning Board of the Town of. l
_. . ..
Ithaca on Tuesday, March 21 , i
• 1989, in Town Hall, 126 East . P
OpP); r►'t! p•Jb1:Sb 1D 1111 �. Pzp= ._•_ .... . . . - -•- •_ ...... . Seneca Street, Ithaca, N. Y. , at
the following time and on the
following matter:� •? 1 r ]( � Q� YC�� •, - • \ , • _ „- ,_, _ . . _ _� . _. _ _. .. . _ . - ____ . ._. .. _ . _. . 7:30 P.M. Consideration of a j
T'v l Report to the Zoning Board of
Appeals with respect to a re- ` j
._. - - _ . . _ _ _ . . _ .._ , quest for S ecial Ap roval,
_ . . _ .__ _. _ .. . �. . _ ._._ ._ . ._ _ . p
pursuant to Article IV, ectton
11 , Paragraph 3, of the Town
tti, L ' • I i t ^ of Ithaca Zoning Ordinance,
LrJ fit , ! �' SZ �+ ) _ • l1 '_c L. C _ O. S �: C D : . � ' a_ QL tL . . . _ . .. _ .. . . . for the conversion of an exist-
ing residence into o place of
worshifor the First Ithaca
t Chinese Christian Church, pro-
posed to be located at 1462
� Slaterville Road, on Town oft
Ithaca Tax Parcel No. 6-58-2-
22. 3, 1 .22 plus or minus acres,
Residence District R- 15. First
/ Ithaca Chinese Christian
StF�i -^ }fie a^ ^�. $v •p tz, br' t0 Me Lt,S . . _ _ .. .. . . _ - - _ . _� . ._ . . . .. . . . . a.E V Church, Owner; Gerald Rau,
Agent.
Said Planning Board will at
7 = said times and said place hear
all persons in support of such
matters or objections thereto. ,
Persons may .appear by agent
.. � _._�. . _ _ . _. .. _ . . .. .. .. .. .. or in person.
T�� , Ftl��aL • Jean H. Swartwood
Town Clerk
JEAN FORD t 273- n21
March 16, 1989
` lotary PubGC, Stag ci 4ety York 1.
No. 40542 I:;-)
Qualified in Tcmpk ; ,-a County
Commission expires May 31 19 ,
W.
_ .
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