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HomeMy WebLinkAboutPB Minutes 1992-12-01• s TOWN OF'ITHACA PLANNING BOARD DECEMBER 1, 111992 The Town of Ithaca Planning Board Tuesday, December 1, 1992, in Town Ithaca, New York, at 7:30 p.m. FILED TOWN OF ITHACA met in regular session on Hall, 126 East Seneca Street, PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, James Baker, Herbert Finch, Virginia Langhans, William Lesser, Stephen Smith, Dan Walker (Town Engineer), Floyd Forman (Town Planner), George Frantz (Assistant Town Planner), Richard Eiken (Planner I), John Barney (Town Attorney). ,ALSO PRESENT. Peter Newell, Jessica Wing, Judy Malloy, Robert Langhans, Jr., Fred Estabrook, Gerald Nye, Ken Ritter, George Kugler,, Dave Auble, Tammo Steenhuis, Orlando Iacovelli, Ron Simpson, Doug Wilcox, Kinga Gergely. Chairperson Grigorov declared the meeting duly opened at 7:37 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 November 23, 1992, and November 26, 1992, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion, as appropriate, upon the Clerk of the City of Ithaca, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or agents, as appropriate, on November 25, 19920 Chairperson 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.11 AGENDA ITEM: PERSONS TO BE HEARD There were no persons present to be heard. Chairperson Grigorov closed this segment of the meeting. AGENDA ITEM. REPORT OF THE TOWN PLANNER At 7:40 p.m., Town Planner Floyd Forman stated that, hopefully, after Christmas or after the first of the new year, the GEIS would get full review. Stu Mesinger consultant to Cornell University is presently reviewing the GEIS. When the GEIS arrives Town staff, Larsen Engineers, and the Planning Board will review the revised document. The Planning'' Board has 30 days to determine whether the document is now adequate for public review. Mr. Forman also made reference to the Comprehensive Plan. Mr. Forman stated that there is the possibility that in reviewing the Comprehensive Plan, it may be necessary to hold three Planning Board Meetings a month. (Attached hereto are two letters concerning the PLANNING BOARD -2- December 1, 1992 • Comprehensive Plan. Exhibit # 1 from Mr. & Mrs. Thayer and Exhibit # 2 from Elsie McMillan]. AGENDA ITEM: APPROVAL OF MINUTES - October 20, 1992 MOTION by James Baker, seconded by,Robert Kenerson: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of October 20, 1992, are approved as written. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Finch, Langhans, Lesser, Smith. Nay - None. The MOTION was declared to be carried unanimously. AGENDA ITEM: APPROVAL OF MINUTES - November 3, 1992 MOTION by William Lesser, seconded,by Robert Kenerson: RESOLVED, that'the Minutes of the Town of Ithaca Planning Board Meeting of November 3, 1992, are approved as written. There being no further discussion, the Chair called for a vote. • Aye - Grigorov, Kenerson, Baker, Finch, Langhans, Lesser, Smith. Nay - None. The MOTION was declared to be carried unanimously. ADJOURNED PUBLIC HEARING. CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR PHASE II OF "CHASE FARM SUBDIVISION," INVOLVING THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 45- 1 -2.2, 33.89 + /- ACRES TOTAL, INTO 49 RESIDENTIAL LOTS INCLUDING CONSTRUCTION OF APPROXIMATELY 3,450 FEET OF ROAD AND WATER AND SEWER IMPROVEMENTS, LOCATED AT THE END OF CHASE LANE, BACKLOT OF RIDGECREST ROAD, RESIDENCE DISTRICT R -15. PHASES I AND II OF "CHASE FARM SUBDIVISION" WERE GRANTED PRELIMINARY SUBDIVISION APPROVAL, WITH CONDITIONS, ON SEPTEMBER;20, 1988. THE PUBLIC HEARING FOR THE PHASE II FINAL SUBDIVISION, HELD ON NOVEMBER 3, 1992, WAS ADJOURNED PENDING FURTHER REVIEW OF ENVIRONMENTAL ISSUES. SOUTH FARM ASSOCIATES, OWNER /APPLICANT; DOUG WILCOX, HARRISON',,RUE, AGENTS. Chairperson Grigorov declared the Adjourned Public Hearing in the above -noted matter duly opened at 7t45 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Doug Wilcox addressed the Board concerning the findings of wetlands on the above - noted property. Mr. Wilcox stated that with all of the rain that had been received'by the Tompkins County area . this year, it would be hard for any soil to drain well. Mr. Wilcox further stated that it would take 14 to 18 months before the Corps of Engineers would be able to come and look over the situation. PLANNING BOARD -3- December 1, 1992 • Mr. Wilcox stated that under the circumstances he and his wife were financially and emotionally upset and informed the Board he would temporarily withdraw his application. The Board honored Mr. Wilcox's request for temporary withdrawal of his application. PUBLIC HEARING. CONSIDERATION OF FINAL SITE PLAN APPROVAL FOR THE PROPOSED CONSTRUCTION OF A SIX -BED; 5,500 + /- SQUARE FOOT HOSPICE FACILITY WITH ASSOCIATED: OFFICE SPACE, OFF- STREET PARKING AND LANDSCAPING ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO. 4401 -1 -11 TOWN OF ITHACA TAX PARCELS NO. 44.1 -1 -2 THROUGH 44.1 -1 -6, PORTIONS OF TOWN OF ITHACA TAX PARCELS NO. 44.1'' =1 -7 THROUGH 44.1 -1 -15, AND TOWN OF ITHACA TAX PARCELS NO. 44.1 -1 -16 THROUGH 44.1 -1 -20, 11.8 + /- ACRES TOTAL, LOCATED ON THE WESTERN HALF OF THE CHASE POND SITE ON EAST KING ROAD ACROSS FROM CHASE FARM LANE, RESIDENCE DISTRICT R -30. PROJECT RECEIVED PRELIMINARY SITE PLAN APPROVAL WITH CONDITIONS ON OCTOBER 17, 1992. CITIZENS SAVINGS BANK, OWNER; HOSPICARE OF TOMPKINS COUNTY, APPLICANT; PETER NEWELL, ARCHITECT, AGENT. Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 7:54 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. At this time, Board Member Virginia Langhans stated, for the record, that she would not participate °in any discussion of or vote on this matter. • Peter Newell, Architect for Hospicare, addressed the Board stating that he had revised the site plan maps as of 12 -1 -92, and proceeded to hand out to the Board "copies of the new maps [hereto attached as Exhibits # 3 and # 4]. Mr. Newell stated he eliminated the circular driveway in the front ,due to the fact that it was too tight for delivery vans toturn and also for cost reasons. Judy Malloy, President of Hospicare, addressed the Board stating that she felt that the patients entering the hospice facility should be entitled to convenience.' A covered' breezeway, facing East King Road, instead of the parking lot,,would be the drop -off point and would lead to the entrance of the faciltiy. The entrance would be a little closer to the end of the building,,but the main issue is for the comfort of the patient. Ms. Malloy also stated that they are not opposed to suggestions. Town Engineer Dan Walker stated that his main concern dealt with the turning radius of large delivery trucks to the lower level. Mr. Walker further stated that it is only 16 feet wide; the normal width is 20 feet. Mr. Walker recommendedthat the driveway, entrance way and the jog down to the parking lot should be 20 feet wide. Ms. Malloy stated she agreed with Mr. Walker concerning the 20 feet for the driveway, entrance, etc., as this would give more of a • free traffic flow. PLANNING BOARD 0004600 December 1, 1992 • Chairperson Grigorov noted that this was a Public Hearing and asked if anyone from the public wished to speak or had any questions. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. There appearing to be no further discussion, Chairperson Grigorov asked if anyone were prepared to offer "a motion. MOTION by Robert Kenerson, seconded by`James Baker: WHEREAS. 19 This action is the Consideration of Final Site Plan Approval for the proposed construction of a' six -bed, 5,500 + /- square foot hospice facility with associated office space, off - street parking and landscaping on a portion of Town of Ithaca Tax Parcel No. 44.1 -1 -1, Town of Ithaca Tax Parcels No. 44.1 -1 -2 through 44.1 -1 -6, portions of Town of Ithaca Tax Parcels No. 44.1 -1 -7 through 44.1 -1 -15, and Town of Ithaca Tax Parcels No. 44.1 -1 -16 through 44.1 -1 -20, 11'.8 + /- acres total, located on the western half of the Chase Pond site on East King Road across from Chase Farm Lane, Residence District R -30, and 2. The Planning Board granted Preliminary Site Plan Approval, with conditions, on November 3, 1992, and • 3. The Town of Ithaca Planning Board, acting as Lead Agency in environmental review, made a Negative Determination of Environmental Significance for the proposed hospice facility on November 3, 1992, and 4. The Town of Ithaca Zoning Board of Appeals granted the necessary special approval, with conditions, "on November 18, 1992, and 5. The following conditions of the Preliminary Site Plan Approval Resolution, dated November 3, 1992; have been met: a. Submission to and approvals' by the Town Engineer of a maintenance plan for the pond'structure prior to final site plan approval. b. Submission to and approval by the Planning Board, prior to final site plan approval, of proposed architectural renderings showing, at a minimum, elevations, roof lines, exterior appearance, and other architectural features of the proposed hospice facility. ' c. Revision of the site plan to show the specific footprint and location of the proposed hospice facility, and 6. The Planning Board, at 'a Public Hearing held on December 1, 1992, • has reviewed the site plan entitled "Hospicare of Tompkins County" (Sheets SP -1 dated October'27, 1992, revised December 1, 1992 and SP -2 dated November 19, 1992, revised December 1, 1992), PLANNING BOARD 0 00050MM December 1, 1992 prepared by Peter Newell Assocl Architects, and a set of Of architectural renderings (no date), included with the site plan, also prepared by Peter Newell Assoc. Architects, and • 0 7. The agent for the applicant has indicated that the proposed hospice will likely exceed the maximum height requirement by five (5) feet, which will necessitate a;, variance from the Board of Appeals, NOW, THEREFORE, BE IT RESOLVED: 19 That the Planning Board hereby'grants Final Site Plan Approval for the proposed construction of the proposed hospice facility with associated office space, off - street parking and landscaping on a portion of Town of Ithaca Tax Parcel No. 44.1 -1 -1, Town of Ithaca Tax Parcels No. 44.1 -1 -2 through 44.1 -1 -6, portions of Town of Ithaca Tax Parcels No. 44:1 -1 -7 through 44.1 -1 -15, and Town of Ithaca Tax Parcels No . "44.1 -1 -16 through 44.1 -1 -20, as shown on the site °plan 'entitled "Hospicare of Tompkins County ", (Sheets SP -1 dated October 27, 1992, revised December 1, 1992, and SP -2 dated November 19, 1992, revised December 1, 1992), prepared by Peter Newell Associates Architects, subject to the following conditions. a. The use of herbicides and pesticides will be kept to the utmost minimum consistent with good horticultural, scientific, and environmental',practices. b. Submission of a deed restriction for the portion of the parcel to remain as open space where no future construction activity may ,occur, in a form to be approved by the Town Attorney, and delineation of said portion of the parcel to be left as open space on a revised site plan, to be supplied before issuance of any building permits. The area to be occupied by buildings, parking areas, sidewalks, and any other accessory buildings or „structures shall not exceed one acre. C* Submission to and approval by "the Town Planner of a more detailed landscaping plan for the proposed hospice, showing type, size (height„ and diameter), and location of plantings, prior to issuance of any building permits. d. Submission to and approval,, by the Town Engineer of a soil erosion and sedimentation control plan prior to any site disturbance, said plan to b'e implemented during construction of the proposed hospice facility and parking area. e. The final architectural renderings shall conforming to the architectural renderings site plan and presented at the December Board meeting. Any substantial deviation determined by the Building Inspector, shall by the Planning Board. be substantially included with the 11 1992 Planning from the plans, as require approval • • • PLANNING BOARD -6- December 1, 1992 f. The pond structure maintenance plan, as approved by the Town Engineer, shall be strictly adhered to. g. Approval by the Town Engineers, of the final locations and details of the proposed water, sewer, and drainage facilities, and execution of all proposed easement agreements prior to issuance of any building permits. h. Submission of proof of ownership of the subject parcel by the applicant in a form acceptable to the Town Attorney, prior to issuance of any building permits. i. Granting of a variance by the Board of Appeals for more than the maximum allowed building height prior to issuance of any building permits. j. Revision of the site plan to be approved by the Town Planner and Town Engineer, with such approval to be obtained prior to issuance of any building permits, as follows. 16 Increase the entrance driveway width to 20 feet to accommodate larger vehicles and permit hospice two -way traffic into and from the parking area. 2. Raise the lowest elevation of the building to at least one -foot (1) above the top of the dike elevation (12801), to eliminate any risk of flooding in an extreme rainfall event. -There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Finch; Lesser, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Grigorov declared the matter of Final Site Plan Approval for the proposed construction of a six -bed hospice facility with associated office space duly closed at 8:45 p.m. PUBLIC HEARING. CONSIDERATION OF A RECOMMENDATION ITHACA TOWN BOARD WITH RESPECT TO A�PROPOSED LOCAL OF THE LAW AMENDING TOWN OF THE ZONING ORDINANCE REGARDING PLANNING PROCEDURES AND FINDINGS RELATED TO SPECIAL APPROVALS. Chairperson Grigorov' declared the Public Hearing in the above -noted matter duly opened at 8:47 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Town Attorney John Barney addressed the Planning Board stating that this proposed local law was generated by a decision of Judge Relihan, Jr. involving the Minnie's.BBQ matter. The judge read the Town of Ithaca Zoning ordinance somewhat differently than the way all of rest of us have been, treating the ordinance over the years, and PLANNING BOARD -7- December 1, 1992 • felt several of the criteria that we thought were applicable were not applicable. The PlanningBoard is appealing the judge's decision and they thought it appropriate' to modify ,'the ordinance to make clear what it is we are doing on these special approvals, or make it clearer. What these four proposed amendments do is to make clear that findings have to be made when special approval matters are considered. The same findings are required by the Board of Zoning Appeals when they decide to grant or deny a special approval. In addition, the same three findings ,are made with respect to recommendations, thus, it makes it'clear it is part of the special approval to continue to make those three findings. Under Section 1, Number 2, two additional matters to be considered which actually apply to both the Planning Board and the Zoning Board of Appeals are, one, lot area, access, and parking and loading facilities being sufficient for proposed use and the' second one being a natural surface water drainageway. The Paragraph 3 amendment, language previously read that the proposed change is in accordance with the comprehensive plan of development of the Town and it was suggested that this should apply to both change: or a proposed use; Part 4 requires the Planning Board to consider the same seven criteria that are existing right now that the Zoning "Board of Appeals is required to consider for granting special approvals. The law is just a brief synopsis. Granting special approvals is a kind of a presumption that once the Zoning Ordinance says, for example, that one can have a restaurant subject to obtaining a special approval of a particular area, that that is in conformity with the Comprehensive Plan and what the plan of the Town is to have a restaurant there. However, a special approval criteria says that you can have a restaurant only if you meet these criteria. If a person demonstrates that they meet the criteria, the Planning Board does not have discretion in refusing to grant the special apptovalej, they must be entitled to it. By the same token, if an applicant fails to demonstrate that they meet the criteria the Planning Board has no discretion; they must deny the granting of a special approval. That is why we are trying to import here, the seven or eight criteria that are requirements now for the ZBA. If criteria are met, special approval must be granted. If criteria are not met, special approval is denied. This is Zoning 101. Chairperson Grigorov noted again that this was a Public Hearing and asked if anyone else present wished to speak. No one spoke. Chairperson Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. There appearing to be 'no further discussion, Chairperson Grigorov asked if anyone were prepared to offer 'a motion. MOTION by Virginia Langhans, seconded by Herbert Finch. WHEREAS. 1. The Town of Ithaca Town Board will be considering a local law • amending the Town of `'Ithaca Zoning Ordinance to clarify Planning Board procedures and findings with respect to review of applications to the Zoning Board of Appeals for special approval, PLANNING BOARD -8- December 1, 1992 • such proposed local law specifically amending Sections 46 -a, 77, and 78 (see attached proposed local law), and 29 The Town of Ithaca Town Board has requested the Planning Board to make a recommendation in regard to,the proposed amendment to the Zoning ordinance prior to adoption of said local law by the Town Board, and 3. The Planning Board finds that the proposed amendment would be beneficial in its review of special approvals as it would help to clarify procedures and findings related to such applications to the Board of Appeals, NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning. Board recommend and hereby does recommend to the Town Board the adoption of the proposed Local Law Amending the Zoning' Ordinance Regarding Planning Procedures and Findings Related to Special' Approvals. There being no furtherLdiscussion, "the Chair called for a vote. Aye - Grigorov, Kenerson, L,anghans, Baker, Finch, Smith, Lesser. Nay - None. The MOTION was declared -to be carried unanimously. • Chairperson Grigorov declared the matter of the Consideration of a Recommendation to the Town of Ithaca Town Board with respect to a Proposed Local Law Amending the Zoning Ordinance Regarding Planning Procedures and Findings and Findings Related to Special Approvals duly adjourned at 8:53 p.m.l' AGENDA ITEM. DISCUSSION OF A SKETCH PLAN FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX1i PARCELS NO.53 -1 -23.1 THROUGH - 23.15, COMPRISING THE " KLONDIKE MANOR" SUBDIVISION, AND TOWN OF ITHACA TAX PARCELS NO, 54` -7 -41 AND -43 (237 CODDINGTON ROAD), 8.2 +/- AND 1.2 +/- ACRES RESPECTIVELY, TO ALLOW CREATION OF 4 LOTS AND A TOWN PARK ON THE KLONDIKE MANOR SITE'; AND CONSTRUCTION OF TWELVE ADDITIONAL APARTMENT UNITSAT 237 CODDINGTON ROAD. THE PROPOSED SUBDIVISION IS LOCATED ONTWO PARCELS'ON THE NORTH SIDE OF CODDINGTON ROAD BETWEEN THE ITHACA COLLEGE ENTRANCE AND JUNIPER DRIVE, RESIDENCE DISTRICTS R -15 AND R -9. ORLANDO AND RALPH IACOVELLI, OWNERS; ORLANDO IACOVELLI, AGENT. Chairperson Grigorov opened the discussion on the above -noted matter at 8:54 p.m. and read aloud from the Agenda as noted above. Orlando Iacovelli addressed the Board and stated that he and his brother had gone through' a long process in the Klondike Manor subdivisions. Mr. Iacovelli further stated that, in the Spring, he • and his brother hope to start to make some serious modifications. Mr. Iacovelli stated he had met with the Assistant Town Planner George Frantz on a number of occasions to discuss some open space and some ki PLANNING BOARD -9- December 1, 1992 • other concepts of what his thoughts were on South Hill in the Pennsylvania /Coddington Road area. It was suggested that Mr. Iacovelli make a proposal to the Planning Board which could meet the needs of the residents better than the current subdivision. Therefore, Mr. Iacovelli ,appeared before the Planning Board and stated that, he requests that Klondike,Manor be divided into four (4) lots, three (3) of them fronting on Coddington Road, one (1) large lot backlot of the front 31 , there would be a small laneway back to the large lot. There would be a three and one -half acre park donated to the Town, and the construction of a'nine unit apartment building at 237 Coddington Road. Assistant Town Planner George Frantz affixed Klondike Subdivision maps to the bulletin board, which are attached hereto as Exhibits # 5 and # 6. Mr. Frantz pointed out the three lots on Coddington Road and one large lot consisting of three and one -half acres. Parking will be provided. Mr. Iacovelli stated;, that he was before the- Board for some discussion and direction; if there is no desire by the Board or the neighborhood to pursue this, then so be it. Mr. Iacovelli stated that if this proposal meets the needs of the Town and the community better than the present subdivision that is in existence, he would be able to do something similar to what is being presented. Mr. Iacovelli stated he had met with Mr. ^Frantz on a number of occasions and the Board might like to speak with Mr. Frantz about the issue. • Mr. Frantz stated that, in the course of negotiations for the easement of the South Hill Recreation °Way; the whole issue of student housing and family housing''in the arealshould be discussed.. Again, the idea is it sort of alleviates the concerns of the student housing spreading further east along Coddington Road by reserving the Klondike tract for owner occupied :homes; a total of four of them, and, essentially, it is protecting the development of density from Klondike. This plat was approved for twelve lots on Klondike Lane and two small Town park sites. The idea is to transfer the density from Klondike over "here" at 237 Coddington Road, which already has four apartment units; build a new building with nine units, and then add three new units between these two. One apartment would go from two units to three units and one would have four units. Overall, the project would go from four apartment units to sixteen units. The benefits to the overall, community are, again, eliminating the potential for additional student and rental housing on "this" portion of Coddington Road and beyond. If the Sincebaugh tract down hill of the railroad grade was ever developed, there could be a six to seven acre park with parking space. The Town will not have to maintain another cul -de -sac, there will not beta road cutting across the South Hill Recreation Way and there will not be the students driving up and down Coddington Road between this development, Ithaca College, and downtown. Mr. Frantz further stated to the Board that developments like this tend to provide more buffering between student apartments and PLANNING BOARD -10- December 1, 1992 • the family homes. Also, the South Hill Recreation Way provides a buffer between the proposed apartment building and the private homes. Planning Board Member, William Lesser asked Mr. Frantz if he referred in his notes that this was a transfer of development rights or something like that? Mr. Lesser stated that, in general, he thinks this is the appropriate way to proceed, however, this was the first time Mr. Lesser had heard that mentioned. Mr. Frantz stated that the concern is that this matter is being thought of in terms of a cluster subdivision, but the problem is we are not talking about continuous parcels of land and that could be a problem. Another option could be for the Town to rezone this for Special Land Use District or a Multiple Residence District based on a site plan. Mr. Lesser commented to Mr. Frantz''that the area to be covered on the lot is substantial and wondered what other variances would be required in such a Multiple Residence.) Mr. Frantz responded that under Multiple Residence there are additional setbacks over what is required under cluster, however, it looks possible to set this building within the setbacks with some modifications of the footprint. A variance would be required because there is no parking allowed within any of the setbacks and there is a 60 -foot setback between-the rear property' line and the building and parking is forbidden there. Planting of shrubs,would hide parking lots. There • would be access to proposed, park at Juniper Drive, Mr. Lesser stated that'recently someone was killed due to the fact that there is very heavy pedestrian traffic along Coddington Road. Mr. Lesser asked if tthere was any possibility of a sidewalk to allow students safe access to downtown. Mr. Frantz stated that the major concern of residents along Coddington Road is the fact that therej',are no sidewalks for students or public. Mr. Frantz further stated that he thinks this is something that the Town and the County are going to have to face soon. In respect to lighting, Mr. Frantz stated that he has been compiling information needed to do a petition for a Lighting District on Coddington Road; one being recommended goes from the City line out to the intersection of Troy Road. Mr.,Frantz stated that so far he has gotten the names of ,over eighty property owners, amount of road frontage they have, assessed evaluation of their land, and the type of information you need to ':put together a package for a petition. The residents petition the Town Board to establish a Lighting District. It is a benefit ''type district, which means the Town Board will setup 'the district „through NYSEG and the cost of that district is then shared by the property owners in the district. Chairperson Grigorov stated that this was a discussion and asked if anyone from the public wished to speak. • Ken Ritter of 249 Coddington Road addressed the Board and stated that he had a number of concerns. He stated he has four small PLANNING BOARD -11- December 1, 1992 • children ranging in age from 2 to 11. They purchased their property about a year and a half ago thinking it would be an appropriate place to raise small children. Mr. Ritter stated they have nothing against students, there is no problem with students living next door and possibly having parties; that is not the main concern. On several occasions there have been cars parked along the lane when having parties. Safety is Mr. Ritter's prime concern. At the entrance of Ithaca College is were everything would empty out. It is not a question of nine apartments, it is' really a question of thirty -six additional units. There would be a total of fifty -two units there because they are rented out individually to students. These are apartments where all students sign a lease so you would have a total of fifty -two units in there, and as it is proposed, there is only space for about thirty -six or forty cars. Mr. Ritter also stated that he noticed that most students who attended Ithaca College owned cars and wondered where they would park them and where their friends would park their cars when they have parties. Mr. Ritter further stated it seemed dangerous to put that unit in there, the road is very narrow, very dark (Coddington Road), and students are walking two and three abreast; one ,can't see them. There is no place for the students to go, there is a ditch on either side, the lighting is inadequate and to put an additional thirty -six units there, right at that intersection, seems to be very unsafe. Planning Board Member Virginia Langhans asked Mr. Ritter when he bought his home did he know" that this apartment complex of four units • was there. Mr. Ritter, stated yes, and felt that the development around there was complete. The next lot over was developed to the fullest it could be and that was a factor in our decision to buys that there would be no more development there. It has four units there, but sixteen beds.; Mr. Ritter stated that they have a restriction in their purchase agreement by the previous owners that we cannot sell without incurring a penalty of $10,000.00 for the next ten years. It puts Mr. Ritter in a bind, if they feel it is unsafe for their children, they will suffer a penalty from this but, they do like the area to raise their children in and they like the character of the neighborhood as it is now. The Ritters' fear for the safety of their children; as the children gets; older they will be walking downtown and Mr. Ritter'; is worried,about that. If the street were wider, if there were sidewalks, if it was well lit,- if there was a control at the intersection for the entrance to Ithaca College, Mr. Ritter thinks that at this 'point, the proposal could be examined a little better but, at the present times he cannot see that it is safe. Mr. Frantz stated that he had some information on traffic. In 1988 some traffic counts were done on Coddington Road all the way out from Burns Road. At this time there are approximately 6,600 vehicles per day from the Ithaca College entrance back to the City and roughly 2,100 vehicles per day ,eastward. Mr. Frantz explained how he determined the present figures. Counts that were done in 1988 were added to, about 500 to the 1988 counts to account for the • development. Mr. Frantz further stated he has looked at possible traffic generation from student apartments complex, and Mr. Frantz's estimate is anywhere from 250 to 300 vehicles per day in and out of ft PLANNING BOARD -12- December 1, 1992 the driveway. This is "based on 40 cars and each driver taking at least three trips each day. Planning Board Member Langhans asked Mr. Iacovelli if most of the students drove cars to school. Mr. Iacovelli responded that most of the students are without cars and one of the reasons they selected to live in this particular area is the fact that it is close to I.C. and they can walk to school. Ron Simpson of 112 Pineview Terrace addressed the Board stating that most of the comments he had represented a group of people in the neighborhood who met early in November'�to talk over the plan. Mr. Simpson stated that there were at least nine people who met and a few other people called because they could not be at the meeting. Most of the people at the meeting generally support the new concept so, there is support at least ''from the `,people living in that area. However, there are a couple of concerns; one concern is the traffic flow problem on Coddington Road where the intersection is directly across from the College., Mr. Simpson further stated that he supported Mr. Frantz's idea of not allowing cars to exit and enter in both places but, the new driveway' is limited just to emergency vehicles only and require all entering "and exiting vehicles to exit directly across from the College. Mr. Simpson also stated that he thought that there should be a stop sign at that intersection for two reasons; there have been a number of accidents at this particular intersection and it would control some',of the excessive speed. Mr. Simpson stated he thought that if two stop signs were placed on Coddington Road at the College entrance that this would alleviate some of the concern that many people have. The second concern was for the people living next door. The group hoped that some kind of a buffer would be placed between the new facility and the people living next door. Mr. Simpson stated that the deeper concerns of those living directly next to the new four lot parcel is in Mr. Iacovelli's proposal where it is specified that these four homes would be owner occupied (the two family would be owner occupied), and the group of people involved feel that in order to give full support to this plan would need assurance that down the road, the large # 4 parcel would not only be owner occupied but that it would not be subdivided in the future. The group of neighbors also liked the idea of the park land and some of the people at, the meeting were very concerned about access to the new Recreation Way that goes through there. Many people are parking on Juniper Drive and with the new park land, maybe, some thought could be given to using some of that as parking to get it out off Juniper Drive and with a park there, the parking problem on Juniper Drive would increase. Mr. Simpson stated the' last question he had concerned the concept of transfer of development '''rights. Mr. Simpson thought this concept would have kind of a one for one ratio. In other words, if • development rights are going to be transferred, there should be some equity in what is being transferred and then wondered if it could be explained how going from 13 to 4 lots equated to producing this PLANNING BOARD -13- December 1, 1992 number or allowing this number of apartments to be put in, maybe the formula or reasoning could be explained what went into that. Mr. Frantz explained to Mr. Simpson that what they have is a total of 12 lots, but zoning would allow two dwellings per lot, so we are talking about 24 dwelling units in' the Klondike subdivision as approved. We are taking'12 of those and moving them, for a maximum of 8, so we are gradually reducing, and we are going from 24 in one concept to 20 in another. Fred Estabrook of 257 Coddington Road addressed the Board stating that the old plan or one of the plans of the history of this proposal would have put a cluster of student housing in his neighbor's backyard. Mr. Iacovelli answered Mr. Estabrook by stating that this old proposal was dismissed because there was no buffer. Mr. Estabrook stated 'that possibly the new proposal was better than the old one, but still there are problems. Mr. Estabrook thinks the new plan would be good only if it were smaller. The value of the transfer of development value is probably why it is necessary to pack that many students into this small space because it is the only way it can be profitable, but Mr. Estabrook thought that a smaller number of students in that small !11space would be appropriate with the proper traffic control at the intersection. Mr. Estabrook further stated that he thought a traffic light is needed, along with sidewalks, and lighting; safety is really a big concern here. Mr. Estabrook spoke • about one of the student houses close to him that has a number of parties. These parties generate anywhere from 100 to 200 people causing noise, problems with parking, etc. Mr. Iacovelli stated :1 i lithat his area s not a party area. Mr. Iacovelli further stated that he puts in his leases that there are to be no large parties and that he enforces this. If there are large parties, Mr. Iacovelli staged he calls the Sheriff and lets them deal with the problem. Mr. Iacovelli :said that he and his brother go around to the student house's and tell the students that they are not allowed to have large parties. Mr. Forman answered Mr.;Estabrook that he could take issue with that statement because he did not make that statement. Mr. Forman stated that Mr. Estabrook had phoned him and said he thought there were problems. Mr. Forman stated he did not know if one of the ladies that was present was Ms. Wing or not, but, first of all perilous is not a word ;he uses. liMr. Forman stated that that was indeed stated in the article. Mr. Forman further stated that when • any citizen calls him and has a complaint and a problem, he considers that to be a problem and something that needs to be dealt with. Mr. Mr. Estabrook stated !;his main reason for speaking was to plead the issue of safety. Traffic, speed, traffic control and lighting are very serious problems.: Mr. Estabrook explained that there was an article where Mr. Forman was quoted as saying that the Town officials did not consider it a perilous road and stated that he would like to take issue with that statement. Mr. Forman answered Mr.;Estabrook that he could take issue with that statement because he did not make that statement. Mr. Forman stated that Mr. Estabrook had phoned him and said he thought there were problems. Mr. Forman stated he did not know if one of the ladies that was present was Ms. Wing or not, but, first of all perilous is not a word ;he uses. liMr. Forman stated that that was indeed stated in the article. Mr. Forman further stated that when • any citizen calls him and has a complaint and a problem, he considers that to be a problem and something that needs to be dealt with. Mr. • • PLANNING BOARD -14- December 1, 1992 Forman told Mr. Estabrook that after he had spoken to him, he and Mr. Frantz sat down to figure out where time could best be spent. Was it doing traffic counts or spending time in coming up with a Lighting District. They decided to spend the time on a Lighting District.. Again, just for the public, if anybody else saw the article, when anybody calls and says there is a problem, it is something we need to look at. Mr. Forman said he does not'call somebody and say it is not a problem. Mr. Estabrook stated that he appreciated what Mr. Forman had said and that the main reason for him to be addressing the Board was to bring the issue of safety to the Town's attention. Dave Auble addressed the Board and "asked why the road cannot be serviced with sidewalks. Mr. Auble stated he could see lighting being important but, equally or more important, is a place to walk. Mr. Auble stated he drives Coddington Road every day and has come very close to hitting people because they cannot walk anywhere but in the road, and this is a very high pedestrian area because of the density and the College. Mr. Auble wondered why the Town could not take the lead in getting sidewalks. Mr. Frantz answered Mr. Auble'sl „question as to not put in the sidewalks. Mr. Frantz explained that road and that makes it a lot more complicated, road, the Town could act and do something. Mr. Auble, asked if the Town could the County to put in sidewalks. Auble if the road had shoulders. Mr. no shoulders and the ditches are bushes come to the ditches, and there road. why the Town did this is a County If it were a Town take the lead in encouraging Board Member Langhans asked Mr. Auble stated that the road had right next to the road and the is no place to walk but in the Mr. Frantz explained that there was this same type of problem on Mitchell Street. The County on its own initiative came up with the plan for the sidewalks „and the bike paths to be built along Judd Falls Road, and, Mr. Frantz stated he thinks the Town can now start approaching the County with these efforts. Mr. Auble stated that he felt that this was an extremely urgent „matter, for instance, a lady hit a student in the daylight, there were two or three students walking along the road and another car was coming the other way and the lady was unable to get over, therefore, she hit the student. In the night, all of a sudden you are on top of these people walking in the road and it is very difficult to keep from hitting them. With no lighting and it is wet or whatever the circumstances are, you are looking at a potential tragedy of somebody hitting a dozen people on this road. Mr. Auble stated he cannot see the Town doing anything less than make as fast; a progress as possible on this situation. Every person who drives through there has an extremely heavy liability situation, not to mention the emotional aspects. Mr. Iacovelli stated ;that his purpose of coming before the Board was to get a feel of what the community wanted. Mr. Iacovelli stated PLANNING BOARD -15- December 1, 1992 that he was perfectly happy with Klondike Manor. Mr. Iacovelli • further stated that he is not prepared''to pursue this matter after this meeting if the community does not want this proposal, he would rather withdraw. Mr. Iacovelli stated that he would like to sit down and talk with his neighbors privately; if things cannot be worked out then Mr. Iacovelli does not wish to continue the proposal before the Board. George Kugler of 101 Pine View Terrace addressed the Board stating that he is breakingan 18 year record at basically supporting the principle of this proposal. Mr. Kugler stated he spoke against 16 apartments on the three and one -half acres 18 years ago. Mr. Kugler also stated that he knew that land would develop and one cannot oppose development all the time. Mr. Kugler stated that he wished 243 Coddington Road could be included in this; a little house that is for rent at the present time, but apparently it cannot; the landlord for this house lives out -of -town, and there are parties with lots of cars and noise. Mr,. Kugler also stated that he has been circulating a petition that will be presented to the Town Board regarding the whole Coddington Road safety situation. Mr. Kugler stated that he has also been working with Town Supervisor Shirley Raffensperger trying to get the sheriff to enforce the Town law not permitting parking any place on Coddington Road such as, in the ditches, shoulders and so on. It is a daily enforcement problem. Attorney Barney asked Mr,. Kugler what kind of response he gets from the Sheriff's Department when he calls. Mr. Kugler stated that the • Sheriff's Department tells him they will send a car as soon as they can. Also, the Zoning Board of Appeals granted 235 Coddington Road the extra unit because of the rear parking lot and those same people park on Coddington Road. Mr. Kugler stated that the whole safety thing is pretty obvious, there will;be a petition to the Town Board to this affect. Kinga Gergely of 106 Juniper Drive addressed the Board stating that she had a petition that had been passed around stating, "In light of the recent death of a neighbor, we would like once more to bring to your attention the dangerous situation on Coddington Road. It is being shared by automobiles, motorcycles, mopeds, bicycles, walkers and joggers (sometimes by the dozens as Ithaca College teams take to the roads). The road is narrow with virtually no shoulders (some places, as at the`site of the accident, trees and bushes lean onto the road, cars, some of them parked illegally, are sticking into and backing onto the roadway). Lighting is very poor and in spite of the reduced speed limits cars still,race by at unreasonable speeds. It is a miracle that there have not been more tragedies." All of this is just a summary of what the Board has heard at this meeting tonight. If "In order to prevent any more senseless accidents we ask that the Town vigorously explore the following:' a sidewalk at least between the college entrance and the City line, enforcing the speed limit and • parking, better lighting, alerting and 11 out the help of Ithaca College in these matters,i." Ms. Gergely felt that Ithaca College PLANNING BOARD -16- December 1, 1992 • should take on some responsibilities. The petition has some 80 signatures. Attorney Barney stated to Ms. Gergely that this petition should be taken to the Town Board Meeting on December 7, 19920 Tammo Steenhuis of 266 Pennsylvania Avenue addressed the Board stating that as a neighbor and as a resident, the people in the proposed area would like to know what happens to the other parcels too. Mr. Frantz addressed the Board stating that a letter was received from Margaret and Jim Nichols (attached hereto as Exhibit # 7)0 Chairperson Grigorov declared the matter of the discussion of the sketch plan for the proposed subdivision, comprising "Klondike Manor" duly adjourned at 10:2°5 p.m:. OTHER BUSINESS Chairperson Grigorov stated that she had a list of Committee Representatives for the different Boards and Committees that needed to be returned on or before the December 15th Planning Board Meeting. Chairperson Grigorov asked if there were any more comments to be addressed. Chairperson Grigorov stated that there was no other • business to come before the Board. ADJOURNMENT Upon Motion, Chairperson Grigorov declared the December 1, 1992 meeting of the Town of Ithaca Planning Board duly adjourned at 10:30 p.m. Respectfully submitted, Wilma J. Hornback, Recording Secretary Town of Ithaca Planning Board r� U Mrs. Carolyn Grigorov • Chairperson Town of Ithaca Planning Board 126 East Seneca Street Ithaca, New York 14850 0 • Dear Mrs. Grigorov it iii9V 161992 , ;., . 1 ?��'lR:i +.t:; ZLR'Ic�G.I:iJG1i3.EETittG November 9, 1992 We understand that the Town of Ithaca Planning Board will soon be taking up the proposed Comprehensive Plan prepared by the Town of Ithaca Comprehensive Planning Committee. We appreciate that a dedicated committee of townspeople has committed four years to the preparation of this plan and is most anxious to see the review process completed. We also know that the plan is three years behind schedule and that it has considerably exceeded original estimates of cost. We believe, after having reviewed the Future Land Use Patterns map on page 4 -36A in Chapter 4 of the proposed plan, that the plan will have a profound effect on every person now living and/or working in Ithaca and Tompkins County for the next generation and beyond. We would, therefore, like the opportunity to discuss our concerns with the planning board. We urge you to hold work sessions on the draft plan in every neighborhood in the Town of Ithaca and neighboring municipalities in facilities capable of seating 200 -300 people so that people will feel comfortable in raising specific questions relating to their individual situation, their neighborhood, and, if they choose, questions about our greater Ithaca community as a whole. We note that the Comprehensive Planning Program Analysis prepared by Stuart I. Brown Associates states the following: "In endorsing the goal and objectives, the CPS (Comprehensive Planning Subcommittee) has expressed their concerns that growth management, the appropriate use of land and community participation are the three most important issues that thould be addressed by the Planning Board ". We concur with their concerns. The work sessions are essential to make sure that the plan you finally adopt is the best plan for the community as a whole. We look foward to the opportunity to participate in these work sessions. If you need our assistance in setting up these meetings please contact Noel Desch. Very truly yours The undersigned Citizens of Ithaca EXHIBIT # 1 2 November 14, 199 +1 iQ Carolyn Grigorov Chairperson Planning Board Town of Ithaca 7' N N ^;T'"'ErRltiC= 126 East Seneca Street Ithaca, NY 14850 Dear Carolyn Grigorov: You and I have spoken —when you placed a (much appreciated) call in response to my earlier letter to Town officials. Andy you are aware of my concerns about my own family farm as it would be affected by recent and proposed actions by the Town. Today, however, I am writing about another parcel of land in the Town, one that is owned by life -long (for three generations) friends and fellow neighbors in Inlet Valley. Inlet Valley is a neighborhood, although the thousands of commuters who stream through it on their way to the city from Enfield, Newfield, Spencer, and beyond (just think of what all that car exhaust is doing to our environment!) may not realize it. The Royce family owned and farmed virtually all of the hillside that is on both sides of Enfield Fall Road (Rte. 327) after it turns uphill. At the turn of the century, the family operated a tea room, "Weedywold," in the lovely'red -brick house at the lower entrance to Robert H. Treman State Park. Nina Royce and her son Milton each built ,modest houses some distance up the hill and —long before there was any zoning in the Town of Ithaca — opened up a planned development called Roycecliff. Milton and, later, his widow Ruth sold lots, one at a time, on both sides of the road during the ensuing decades. My guess is that the last lot sold was to the Tom Bell family, for the A -frame house —now owned by the Barnetts —near the floor of Steep Hollow Glen just below the hairpin curve where a gravel bank operated years ago (and from which the Town of Ithaca took gravel for many years). I suggest that you and other members of the varous boards find one -half hour of your crowded time, maybe as a group, to take a quick drive up Enfield Falls Road to see that privately planned development on very steep slopes'(23 percent is what that slope averages and on relativelyll small lots is possible with no detriment to the adjacent woods and streams. All that is known about safeguarding the environment was not learned in the last few years by baby= boomer environmental activists! I Back to the Royce family. Ruth Royce lived in her home until she required nursing -home care in the final years of her life (her late 80s in the late 1980s). The three Royce children have long been settled literally across the country (from eastern New York, to Montana, to California) and, before and after their mother's death have negotiated the sale of remaining parcels and houses, including Ruth's home after her death — except for one parcel of open land, about 60 acres, I believe, that lies between the state park and the houses that line the south side of the road. The Royce children's motives for keeping this land are surely, in part, nostalgia for their home base, but also to keep open a forethoughful option should any or, all of them choose to return to the Ithaca area to live, perhaps as retirees, and, I suppose; it has been kept as an investment, should they or their own children have a need to sell any or all of it. If you look at the "Future Land Use" map of the proposed Comprehensive Plan, you can spot the Royce land easily. It's the blob cross - hatched to designate it as "Conservation • Open Space," bounded by "Recreational" (Treman Park) on the west, south, and east and by the homes along Enfield Falls Road on the north. The Royces have received (except from EXHIBIT # 2 • • • concerne d neighbors) NOT ONE WORD of warning about what is bein g proposed for their land, nor any notification of hearings and the availability of the various plans and reports. With the Steep Slopes EPOD and Comprehensive Plan as currently worded in place,how many homes do you suppose would be allowed at Roycecliff? And what do you suppose would happen (A) to the value of the Royce property as saleable real estate? and (B) to the costs for and likelihood of their being able to build on the property themselves (which would require, I understand— heaven forbid —a bridge across the small stream that runs through it)? You tell me if that isn't a "taking," unless, of course, the Town is immediately prepared to buy the land at the currently assessed value. I cannot believe that the Royce and `McMillan families are the only ones in the Town who would be so affected by the proposed EPOD and rezoning laws. They are only the two that I know well. Please consider that some landowners are' „prepared to challenge the Town on these matters and the way they were carried out, and the costs of such challenges will be borne by all Town taxpayers. The already costly plans are the work of boards and 11 committees that are, it appears, heavily packed with environmental activists who seem to believe, in their zeal, that only they know what's best for the Town. But Enfield Falls Road's Roycecliff development stands as a fine example of ,what conscientious landowners and builders, operating under no zoning, at first, and, more recently, under zoning, requirements put in place many years ago, can do on steep slopes and near streams, woods, and open space while adding to the Town's tax base and providing a "good” neighborhood for it's citizens. I submit, as I have before, that by drawing up laws and regulations that cover worst -case scenarios, the Town is needlessly imposing hardship on its citizens (and 'gaining the enmity of quite a few of them) while increasing, during hard economic times, the cost of the Town's government and thereby increasing the tax burden on all citizens, directly or indirectly —while scaring away potential builders. I understand that State laws give the Town permission to go ahead with these laws and regulations without a lot of input from the people to be most affected, and without any sort of a referendum. But, just because it's legal doesn't mean it's fair. Before enactment, I sincerely believe the Town will be doing itself a favor to hold neighborhood meetings and listen to what townspeople have to say. New laws should right wrongs, not impose unwarranted burdens on citizens who are currently doing the right thing. If you've read this far, thank you. I, hope you'll share this letter with other members of the Planning Board. I am sending a copy of this letter to Karl Niklas, as well. Sincerely, aoe�� Elsie McMillan 812 Elmira Road Ithaca, NY 14850 EXHIBIT # 2 • • • 314 . k I Ta "I N S �A F ggPP II E I lit • it r'• I Ti it I li I Il'• r i �{ ��� _ i Y� 4 � t `1 � S7 FJ E� F S id s -f; 1 ' .z :d tot 0 I �s. rl�` i 1 u .P o I I l • x W H y r • , 1 1 I I � I I ' I V) 1 I I I , 1 ! 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Nichols Ithaca, New York 14850 607- 2774613 (home) 607- 277 -0934 (work) .� November 28,1992 George R. Frantz, Assistant Town Planner Ij I-�° Town of Ithaca ^ i a 126 East Seneca Street \('y�' ' i 7` Ithaca, NY 14850 Dear Mr. Frantz:. „ r. w.� We are writing in response to. your November 24 letter to South Hill residents regarding the pro- posed building and renovation projects of Orlando Iacovelli lat 237 Coddington Road, a proposal to which we are vehemently opposed. What the residents of Pennsylvania Avenue do NOT need is 36 more students in the area directly behind our properties. Our neighborhood is already infamous for its problems related to student behavior, as anyone who reads the local paper is aware. We have spent a great deal of time and money upgrading our property, yet the more we improve things, the more the value of our property decreases, thanks largely to our student neighbors. While we can appreciate Mr. Iacovelli's wish to make more money from larger numbers of student tenants, we don't appreciate it being done at the expense of our property value,', not to mention our sanity. Ithaca College students have proven themselves to be irresponsible and unwelcome neighbors, making unreasonable amounts of noise (and it is important to note that due to the topography, noise from above echoes downward even more loudly than if it were right next door), increasing the amount —and speed —of traffic in the area, traipsing through (even peeing 'in) our yards, and trashing the roadways with litter. No one seems willing to take responsibility for their behavior: not Ithaca College, not the landlords, not the students themselves. Students are supposed to go to college to learn, not to disrupt the town in which they are staying. Maybe if the College suspended law- breaking students or landlords kept a tighter reign on their tenants the problem wouldn't have gotten so far out of band that the police have to be called repeatedly. While it no doubt seems appealing to the Town to have Mr. Iacovelli build more properties on which taxes will be paid, we ask that the impact of that many additional students upon a neighborhood already suffering from student problems be considered. And while a Town park probably seems to you like a great trade -off in this deal, as far as we're concerned, residents of South Hill don't need a public park any more than we needed a Recreation Way, which from our perspective has been more a negative than a positive. What we do need is for someone to care about preserving what's left of our residential neighbor- hoods and protect the quality of life for those who live there." The money spent developing a park would be better spent dealing with the problems that already exist, like the terrible drainage situation, increasing dangers at the 3 -way stop intersection of Coddington and Hudson streets, and the need for street lights on Pennsylvania and Kendall Avenues, where pedestrians are in great danger after dark. In a time when money is tight, it would seem that careful expenditure (with a focus on issues related to safety) of tax dollars we already have available is preferable to seeking additional taxj,dollars for things we don't really need. We would appreciate it if you would read this letter at Tuesday night's meeting, at which we are unable to be present. We will be requesting a copy of the minutes of this meeting to see if our opinions were presented and to find out the results of your discussion. cc: Shirley Raffensberger EXHIBIT # 7 Sincerely, F, I 4d;*tar Margaret and Jim Nichols ksckols