HomeMy WebLinkAboutPB Minutes 1993-08-17FINAL FILED
1 TOWN OF ITH
Date
TOWN OF ITHACA PLANNING BOARD
AUGUST 17, 1993
The Town of Ithaca Planning Board met in regular session on
Tuesday, August 17, 1993, in Town Hall, 126 East Seneca Street,
Ithaca, New York, at 7:30 p.m.
PRESENT: Chairperson Carolyn Grigorov, Robert Kenerson, Virginia
Langhans, James Ainslie, Herbert Finch, Stephen Smith,
Candace Cornell, Eva Hoffmann, Floyd Forman (Town
Planner), George Frantz (Assistant Town Planner), Louise
Raimondo (Planner I), John Barney (Town Attorney).
ALSO PRESENT: Nancy Goody, Lewis Roscoe, John Gutenberger,
Shirley Egan, Larry Fabbroni, Steve Lucente, Gary
Bergstrom, Libby Okihiro, Barbara Apt,
Chairperson Grigorov declared the meeting duly opened at 7 :36
p.m.
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.
AGENDA ITEM: PERSONS TO BE HEARD.
There were no persons present to be heard. Chairperson
Grigorov closed this segment of the meeting.
AGENDA ITEM: CONSIDER INCORPORATING THE PROPOSED SPECIAL LAND USE
DISTRICT INTO THE DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT
(DGEIS) PREPARED BY CORNELL UNIVERSITY.
Chairperson Grigorov declared the above -noted matter duly
opened at 7:39 p.m.
Town Planner Floyd Forman addressed the Board and stated that
he wanted the Planning Board members to take a look at the SLUD
legislation for any changes they felt were necessary, consider
incorporating the SLUD into the GEIS, accept the document as
complete, and begin to think about a public hearing. Mr. Forman
stated that the SLUD has many parameters that are different that
what would be required for a normal site plan approval or special
approval because this was a special case in which the Town of
Ithaca tried to work with Cornell University representatives to
come to a general agreement of what is acceptable to all parties.
(SLUD is attached hereto as Exhibit #1)
Lewis Roscoe addressed the Board and stated that Cornell
University had worked with the Town of Ithaca Attorney and staff
and prepared the SLUD that would be printed and incorporated within
the document that goes out for public review. Mr. Roscoe stated
that the document is in the process of being printed, and the SLUD
I-
Planning Board
2
August 17, 1993
would be incorporated
into the document
an appendix.
Mr. Roscoe
stated that the document
would be ready for public
inspection
around the beginning
of September 1993.
Mr. Roscoe
stated that
after the appropriate
amount of time for
public review
had passed,
the
document
would
Board
reaffirms
be
ready for a Public
completeness
of
Hearing.
the
Attorney Shirley Egan addressed the Board and stated that the
effort was to have categorized uses that would be permitted in the
SLUD. Attorney Egan stated that Cornell would still have to go
through site plan procedures and the special approval process for
a broader scope of educational uses. Attorney Egan stated that the
definition of the word "site" would need to be gone over again.
Attorney Egan stated that the natural areas diagram would show some
definition of what of the natural areas referred to throughout the
DGEIS document. (Hereto Attached as Exhibit #2).
Board Member Robert Kenerson stated that he thought that
Cornell's original request was to be rezoned as an Institutional
Zone.
Town Attorney
John Barney stated
that an
Institutional Zone
would be to
stated that
general
by rezoning
for Cornell's possible
to a SLUD the
uses.
Town and
Attorney Barney
Cornell University
can define
under which
what is
it can
there, what can be there,
be there, and what can happen
the circumstances
there.
There being no further discussion, the Chair asked if anyone
were prepared to offer a motion.
MOTION by Candace Cornell, seconded by Virginia Langhans:
RESOLVED, that the Special Land Use District (SLUD) be incorporated
into the Draft Generic Environmental Impact Statement ( DGEIS)
prepared by Cornell University and as presented to the Board at the
August 17, 1993 Town of Ithaca Planning Board Meeting.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
Abstain - Hoffmann.
The MOTION was declared to be carried.
Town Attorney John Barney stated that the Board should
reaffirm the completeness of the document.
MOTION by Herbert Finch, seconded by Candace Cornell.
RESOLVED,
that
with
the
addition of
the
Draft Special Land
Use
District
(SLUD)
that
this
Board
reaffirms
the
completeness
of
the
T
Planning Board
3
August 17, 1993
Draft Generic Environmental Impact Statement (DGEIS) prepared by
Cornell University at the Town of Ithaca Planning Board meeting
held on August 17, 19936
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Cornell, Smith.
Nay - None.
Abstain - Hoffmann.
The MOTION was declared to be carried.
The Board decided that the Date for the Public Hearing
regarding the Draft Generic Environmental Impact Study would be
held on October 19, 1993 at the Women's Community Building. Town
Planner Floyd Forman would call to confirm the room for said
meeting.
Nancy Goody, project manager for Cornell University, asked
what date the Board would prefer for the close of comments
regarding the DGEIS.
The Board decided upon November 19, 1993, as the Date for the
Public Hearing.
Nancy Goody stated that they also needed an Acceptance Date
regarding the Draft Generic Environmental Impact Statement.
The Board decided upon September 7, 1993, as the Acceptance
Date.
Town Attorney ,john Barney stated that there should be a formal
meeting on September 7, 1993, so that the document is in the Board
Members hands on the Acceptance Date.
Chairperson
Grigorov
noted
that this
was a Public
Hearing and
asked
if anyone
from the
public
wished
to
speak.
No
one spoke.
Chairperson Grigorov declared the discussion of the
incorporation of the proposed Special Land Use District (SLUD) into
the Draft Generic Environmental Impact Statement (DGEIS) to be duly
closed at 8:14 p.m.
AGENDA ITEM. SKETCH PLAN REVIEW: PROPOSED SKETCH PLAN FOR
SUBDIVISION OF BRIARWOOD II, TOWN OF ITHACA TAX PARCEL NO. 70 -10-
3.5, 26.06 + /- ACRES TOTAL, INTO 44 LOTS LOCATED BETWEEN SAPSUCKER
WOODS ROAD AND PINEWOOD PLACE, WITH ACCESS FROM BIRCHWOOD DRIVE
NORTH AND SOUTH AND SAPSUCKER WOODS ROAD, ROCCO LUCENTE, OWNER;
STEPHEN LUCENTE, AGENT.
Chairperson Grigorov declared the above -noted matter duly
Planning Board 4
opened at 8:16 p.m.
August 17, 1993
Larry Fabbroni addressed the Board and stated that in 1988
Briarwood Road was subdivided. Mr. Fabbroni stated that in 1990
Rocco Lucente had a wetlands delineation study completed; which
encompassed the eastern lots of the subdivision. Mr. Fabbroni
stated that he is before the Board for guidance with the are that
is outlined in red on the map given to the Board Members. (Hereto
attached as Exhibit #3) Mr. Fabbroni stated that his client is
proposing a cluster subdivision, and they are here to discuss with
the Planning Board the best way to develop the area. Mr. Fabbroni
stated that there were forty -nine 100 by 150 foot lots laid out,
and the open space for the required dedication to the Town is shown
on the map. Mr. Fabbroni stated that he was seeking the Boards
feelings regarding this project before getting into the costly
expense of having an official delineation completed. Mr. Fabbroni
stated that there was a 5.5 +/- acre wetland on the site.
Town Planner Floyd Forman stated that the Board needed to look
at the Lots #31, #32, and #33, is that what the Board considers
acceptable for building lots. Mr. Forman asked if there were any
other changes that the Board may feel would be necessary to make
this development more pleasing.
chairperson Grigorov noted that this discussion was open to
the public and asked if anyone wished to speak.
Gary Bergstrom of Birchwood Road, addressed the Board and
stated that he agreed with Ms. Apt with the drainage concerns. He
has seen a difference in the wetness of his land from the
construction that has already taken place and is concerned that he
will be getting even wetter with additional construction from this
project.
Libby Okihiro of Oakwood Drive, addressed the Board and stated
that all of the residents in that area are concerned about the
water issues. Ms. Okihiro stated that she was also concerned about
the amount of traffic generated from the new development.
Board Member Stephen Smith stated that he was concerned with
the additional entrance onto Sapsucker Woods Road.
Assistant Town Planner George Frantz stated that there was
very little traffic on Sapsucker Woods Road. Mr. Frantz stated
that the access would provide a second entrance to that whole area,
Barbara Apt of Hanshaw Road, addressed the Board and
stated
that
he houses
in that
area are
not selling well and that
most of
the
properties
are wet
most of
the year even though big
ditches
were
put in.
Ms. Apt
was also
concerned with the impact
on the
bird
sanctuary
with the
removal
of the trees to allow for this size
development
to
take place.
Gary Bergstrom of Birchwood Road, addressed the Board and
stated that he agreed with Ms. Apt with the drainage concerns. He
has seen a difference in the wetness of his land from the
construction that has already taken place and is concerned that he
will be getting even wetter with additional construction from this
project.
Libby Okihiro of Oakwood Drive, addressed the Board and stated
that all of the residents in that area are concerned about the
water issues. Ms. Okihiro stated that she was also concerned about
the amount of traffic generated from the new development.
Board Member Stephen Smith stated that he was concerned with
the additional entrance onto Sapsucker Woods Road.
Assistant Town Planner George Frantz stated that there was
very little traffic on Sapsucker Woods Road. Mr. Frantz stated
that the access would provide a second entrance to that whole area,
Planning Board
5
if for no other reason than emergency purposes.
August 17, 1993
Board Member James Ainslie stated that the deep ditches in
that area are filled with water now, and asked if they were going
to be able to handle any additional water caused by more
construction.
Board Member Candace Cornell stated that Lots #31, #32, and
#33 objectionable.
Board Member Virginia Langhans stated that she felt that Lots
#38 and #39 were questionable as well. Ms. Langhans asked if a
fire truck would be able to get there in an emergency. Ms.
Langhans also questioned the size of Lots #26 and #23.
Assistant Town Planner George Frantz stated that the roadway
wou:Ld be at least 20 feet wide, which would be wide enough for a
fire truck to get to.
Stephen Lucente stated that one of the reasons for this design
was to keep the roads away from the water tower and the growth
around it because it is ugly. Mr. Lucente also stated that he did
not want to infringe upon the wetland if at all possible.
The Board discusses the ownership of the wetlands, the upkeep
of the wetland, and what the alternatives of ownership of the
wetlands could be. There was no decision made regarding the
wetland other than the Board did not want it to be built on. The
Board also discussed having fewer larger lots.
Board Member Virginia Langhans asked if Mr. Lucente would
build the houses or just sell the lots individually.
Mr. Lucente stated that he wanted to build the houses, but
would not rule out bringing in a builder or selling the lots alone
if someone were interested. Mr. Lucente stated that he wanted to
make the homes more affordable.
Town Attorney John Barney stated that the wetland should be
excluded when calculating buildable space. Attorney Barney also
suggested that Mr. Lucente may wish to consider making an
additional sketch plan which excluded the wetland, and were
conventional R -15 size lots and the Board could use that as a
guideline to give more definite directions and comments to Mr.
Lucente and Mr. Fabbroni to use for the next phase in the
development approval procedure.
Larry
Fabbroni stated
that he would
not
agree making lots
which could
not include any
aspect of the
wetlands.
Town Planner addressed the Board and stated that they needed
Planning Board 6 August 17, 1993
to give guidance to the applicants by telling them no wetlands at
all or give them a limit of wetlands to be included in the
development phase of Briarwood II.
Mr. Fabbroni stated that he and his client would draw up the
two plans and at that point the Board will see what would be lost
in the second plan that the Board has requested.
There being no further discussion, Chairperson Grigorov
declared the Sketch Plan discussion for Briarwood II Subdivision
duly closed at 10:13 p.m.
AGENDA ITEM:
APPROVAL OF MINUTES - January 19, 1993.
MOTION by Robert Kenerson, seconded by Virginia Langhans:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of January 19, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
Abstain - Hoffmann.
The MOTION was declared to be carried.
AGENDA ITEM:
APPROVAL OF MINUTES - June 29, 1993.
MOTION by James Ainslie, seconded by Herbert Finch.
RESOLVED, that the minutes of the Town of Ithaca Planning
Board Meeting of June 29, 1993, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Aye - Grigorov, Kenerson, Langhans, Ainslie, Finch, Smith, Cornell.
Nay - None.
Abstain - Hoffmann.
The MOTION
was declared
to be
carried.
AGENDA ITEM.
APPROVAL
OF MINUTES
- February 23, 1993.
The Minutes of the Town of Ithaca Planning Board Meeting of
Planning Board 7 August 17, 1993
February 23, 1993 were not approved at this meeting.
AGENDA ITEM: REPORT OF THE TOWN PLANNER.
Town Planner Floyd Forman stated that the Board needed to
review the Environmental Assessment Form for the Comprehensive Plan
and let him know of any changes that may be needed.
The Board discussed the Environmental Assessment Form for the
Comprehensive Plan among themselves.
Town Planner
Floyd
Forman
stated that
the Public Hearing for
the Comprehensive
Plan
would
be held at
the Women's Community
Building on August
31,
1993 at
7:00 p.m.
OTHER BUSINESS
Chairperson Gri.gorov stated that there was no other business
to come before the Board.
ADJOURNMENT
Upon Motion, Chairperson Grigorov declared the August 17, 1993
meeting of the Town of Ithaca Planning Board duly adjourned at
10 :59 p.m.
Respectfully submitted,
StarrRae Hays, Recording Secretary
Town of Ithaca Planning Board
• 0"U • • •
SPECIAL LAND USE DISTRICT (SLUD)
Local Law No.: . 199
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND
USE DISTRICT (LM=D MDMD USE) FOR THE CORNELL UNIVERSITY PRECINCT 7
The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February
26, 1968, and subsequently amended, be further amended as follows:
1. Ordinance Amended. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance
be and hereby is amended by adding to the permissible districts itemized in said section a district
designated as "Special Land Use District No. _" (as shown on the attached map) and consisting
of lands bounded as follows:
North of Cascadilla Creek.
South of Route 366.
East of the intersection of the above.
West of Town of Dryden Line,
2. Uses Permitted. The uses permitted in this Special Land Use District No. _ are set
forth below, all of which uses shall be conducted by an educational institution or an agency or
third party affiliated with an educational institution. The permitted uses are:
(a) Classroom, seminar and studio buildings.
(b) Dormitories or other residences for or associated with educational purposes.
(c) Offices for or associated with educational purposes.
(d) Libraries.
(e) Greenhouses for or associated with educational purposes.
(f) Gardens, natural areas, agricultural plots and fields, and orchards for or associated
with educational purposes.
(g) Laboratories for or associated with educational purposes.
3. Educational Uses Permitted with a Special Approval: In addition the following uses,
Exhibit #1
8/17/93 Minutes
J
l
• 0"U • • •
SPECIAL LAND USE DISTRICT (SLUD)
Local Law No.: . 199
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND
USE DISTRICT (LM=D MDMD USE) FOR THE CORNELL UNIVERSITY PRECINCT 7
The Zoning Ordinance of the Town of Ithaca as readopted, amended, effective February
26, 1968, and subsequently amended, be further amended as follows:
1. Ordinance Amended. Article 2, Section 1 of the Town of Ithaca Zoning Ordinance
be and hereby is amended by adding to the permissible districts itemized in said section a district
designated as "Special Land Use District No. _" (as shown on the attached map) and consisting
of lands bounded as follows:
North of Cascadilla Creek.
South of Route 366.
East of the intersection of the above.
West of Town of Dryden Line,
2. Uses Permitted. The uses permitted in this Special Land Use District No. _ are set
forth below, all of which uses shall be conducted by an educational institution or an agency or
third party affiliated with an educational institution. The permitted uses are:
(a) Classroom, seminar and studio buildings.
(b) Dormitories or other residences for or associated with educational purposes.
(c) Offices for or associated with educational purposes.
(d) Libraries.
(e) Greenhouses for or associated with educational purposes.
(f) Gardens, natural areas, agricultural plots and fields, and orchards for or associated
with educational purposes.
(g) Laboratories for or associated with educational purposes.
3. Educational Uses Permitted with a Special Approval: In addition the following uses,
Exhibit #1
8/17/93 Minutes
spedaadQ, wpSlJthUotaUaw August 11, 1993 3:02
as part of, associated with, or in support of educational purposes conducted by an educational
institution or an agency or third party affiliated with an educational institution and not intended
for the general public, are permitted but only upon receipt of a special approval for same by the
Planning Board in accordance with the procedures described' below:
(a) Conference centers.
(b) Restaurants, cafeterias or other food service uses.
(c) The following convenience, service, or business facilities provided the same are in
buildings owned by an educational institution and provide services principally to the
students, staff and employees of the same educational institution, and are not provided for
the general public's use and are contained in areas of'2,000 square feet of floor area or
less:
(i) Bookstore;
(ii) Travel agency;
(iii) Bank;
(iv) Parcel pick -up & delivery;
(v) Printing or copying facilities;
(vi) Barber shop or beauty shop.
(vii) Convenience food markets.
(viii) Drug stores.
(d) Athletic, health, recreational or cultural facilities.
(e) Child day care or elder day care center, medical center.
iv
(f) Maintenance, repair, servicing, utility, supply and storage facilities provided the same
are owned by, and are provided solely to service, an educational institution and are not
provided for the general public's use.
(g) Barns and other animal handling facilities used in the furtherance of the teaching
F)
specland.U, wpSl ith UocaUaw August 11, 1993 3.02pm
and/or research functions of an educational institution.
(h) Antennae, ray domes, satellite dishes, and similar technical or scientific structures
provided the same are used solely by an educational institution in furtherance of its
teaching or research programs and are not permitted accessory uses set forth below.
(i) Offices, laboratories, or greenhouses owned by third parties but sponsored by,
affiliated with or cooperating with, an educational institution for mutual benefit.
(j) Off street parking lots or garages which are not permitted accessory uses set forth
below.
4. Other Uses Permitted with a Special Approval. In addition, the following public and
quasi- public offices and facilities are permitted but only upon receipt of a special approval for
same from the Planning Board in accordance with the procedures described below,
(a) Post Office;
(b) Fire station;
(c) Local, state or federal governmental offices.
5. Accessory Uses: Permitted accessory uses shall include the following:
(a) Off - street garage or parking spaces for employees, occupants, users or visitors in
connection with a use permitted above, but subject to the provisions of Section 45 and
Section 69 of this Ordinance and
(i) Providing parking for no more than twenty cars; or
(ii) Providing parking accessory to a building for which site plan approval has
been obtained and the parking arrangements were shown on the site plan as so
approved.
(b) Parking garages primarily for employees, occupants, users or visitors to a use
specified in paragraph 2 above, and located wholly within or underneath such structure
or use specified in paragraph 2 above, and not occupying more than 25% of the
structure's total floor area nor involving spaces for more than 20 cars.
(c) Outdoor recreational areas including walkways, parks, trails, picnic tables, and other
3
specland.U, *r5J11h UocaUaw August 11, 1993 3:02pm
ft
similar recreational facilities.
(d) The following accessory buildings no larger than 2000 square feet of floor area:
(i) Storage sheds;
(ii) Pavilions,
(iii) Gazebos;
(iv) Bus shelters; or
(v) Tanks.
(e) Accessory uses within a use permitted above, such as employee or student cafeteria,
and lunch room but not larger than 2000 square feet in size unless included in the original
plans of a structure
(i) For which site plan or a special approval is being sought; or
For which such approvals were previously obtained;
in which event the size may be as approved by the Planning Board, even if larger than
2000 square feet.
(f) Any municipal, public, or privately owned ,utility facility necessary to . the
development or maintenance of utility services for a use permitted above 2000 square feet
or less in size; if larger than 2000 square feet special approval from the Planning Board
shall be required.
(g) Signs, associated with the above uses but only in accordance with the Town of Ithaca
Sign Ordinance or similar law as then in effect.
(h) Antennae, ray domes, satellite dishes, and similai technical or scientific structures
provided the same are used solely by an educational institution in furtherance of its
teaching or research programs and are not more than 1112 feet in height nor more than 12
feet in diameter.
6. Performance Standards: Notwithstanding the foregoing, any use permitted in this
Special Land Use District shall be in conformity with the following standards:
MI
speclxuL fl, wp51 ith Uocallaw August 11, 1993 3 :02pm
(a) Density: Total maximum Floor Area Ratio (FAR) of 0.9. FAR is building floor area
above grade divided by the total ground area of the site as hereinafter defined. Ground
area is any given piece of land of any size so long as all buildings on it are counted and
a given piece, or any part of a piece of land is not counted more than once. For example
a building one story above grade, having a ground area defined as the size of its footprint,
has a FAR of 1.0. The same amount of floor space is two stories above grade, that is
covering half of the ground area of the original lot, would also be FAR 1.0. The same
amount of floor space in 8 stories, covering 1 /8th of the original lot, is also FAR 1.00
However, a building with half the square feet of floor space placed on the same lot would
have a FAR of 0.5 regardless of the number of stories into which the floor area is
divided.
(b) Hecht: Maximum height of 50 feet measured from the lowest point of grade at the
exterior building wall to the highest point of the roof of the building, but excluding
rooftop appurtenances such as mechanical equipment, exhaust pipes, radio antenna
provided such appurtenances do not themselves exceed an additional 12 feet in height.
Upon special approval of the Planning Board, the height limitation of 50 feet may be
increased to a maximum of 70 feet.
(c) Ground Coverage: Total maximum coverage of ground by structures, road pavement,
parking lots and pedestrian area pavements 45 % of site. Total maximum ground coverage
by buildings alone 25 % of the site.
(d) Setback: From a public road a front setback of at least 100 feet from the road right -
of-way line. In addition, if a building exceeds 30 feet in height above grade, the set back
shall be increased 3 feet for each one foot of height in excess of 30 feet.
(e) Noise: No use sh
manner as to create a
category stated below
land use.
Receiving
Land Use Category
all operate or cause to be operated any source of sound in such a
sound level which exceeds the limits set forth for the land use
when measured at the boundary of the site nearest the receiving
Sound
Time Level Limit
Residential Use 7 a.m,. 7 p.m. 65 dBa
7 p.m. - 7 a.m. 55 dBa
Natural Areas 7 a.m.. 7 p.m. 60 dBa
7 p.m. - 7 a.m. 50 dBa
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specland.U, wpS1 ith UocaUaw August Ile 1993 3:02pm
All Other 7 a.m. - 7 p.m.
7 p.m. - 7 a.m.
For any source of sound which emits a pure tone, a di;
imum sound limits set forth above shall be reduced by 5
(f) Vibration: No activity shall cause or create a
vibration at or beyond the boundary of the site.
(g) Atmospheric Emissions: There shall be no
noxious gases which could cause damage to the
(h) Odor: There shall be no emission of any offens
of the site. This standard is not intended to restrict
(i) Glare and Heat: No glare or heat shall be prop
boundaries of the site. Exterior illumination shall be
or traffic hazard on surrounding properties and stret
(j) Radioactivity and Electromagnetic Interference:
which emit dangerous radioactivity. No activities shec
electromagnetic disturbance adversely affecting the e
the boundary of the site.
(k) Fire and Explosion Hazards: All activities involvil
and explosive materials, shall be provided with adequat
of fire and explosion and with adequate fire - fighting w
devices standard in the industry and as may be require
or regulations. All burning of such waste materials in
(1) Vermin: There shall be no storage of material,
manner that it facilitates the breeding of vermin or
environment in any way.
.:.
=:4
tone or impulsive sound, the
steady state or impact
n of dust, dirt, smoke, fly ash, or
of persons, animals, or plant life,
odor discernible at the boundary
agricultural practices.
that is perceptible beyond the
d and directed to prevent glare
No activities shall be permitted
be permitted which produce any
:ration of any equipment outside
ig, and all storage of inflammable
h. safety devices against the hazard
d fire suppression equipment and
:d by any applicable codes, laws,
open fires is prohibited.
either indoors or
endangers public
out, in such a
health or the
(m) Natural Areas Protection: No structure shall be built within a Natural Area (as
shown on the attached map [Cascadilla Stream Corridor, McGowan Woods] or within 75
feet of a Natural Area without first obtaining the Special Approval of the Planning Board.
6. Site Plan Approval: A site plan for a proposed use must be submitted and approved
by the Planning Board before a building permit may be issued, in conformance with site plan
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spedws&U, %pSlithUocallawAugust Il, 1993 3.602pm
requirements set forth at Section 46-A. Unless specifically requested by the Planning Board,
property lines and adjacent public streets need not be shown on the site plan submitted if in
excess of 300 feet distant from the proposed site, but shall be shown on a location map. Further,
subparagraph 4 of Section 46-A shall be modified as to site plan approvals previously granted
to structures in the special land use district, or to structures not required to have had a site plan
approval at the time of original construction, to provide that no approval of the modified site plan
by the Planning Board shall be required if the modification involves:
(a) Construction of a new building or structure with a footprint of 2000 square feet or
less; or alteration of an existing structure involving the addition or modification of less
than (i) 10,000 square feet or (ii) 10% of the enclosed space of any structure of greater
than 20,000 square feet of enclosed space, whether on one or more stories, whichever is
less; and
(b) construction or relocation of fewer than 20 parking spaces provided there is no net
reduction in parking spaces; and
(c) any maintenance or repairs not materially affecting the appearance of the site, or
construction, repairs, alterations, or renovations materially affecting the exterior of a
building or the site where exterior work is anticipated to cost less than $100,000 (1993
price, subject to Cost of Living Index adjustment); and
(d) does not alter proposed traffic flows and access; and
(e) does not directly violate any express conditions imposed by the Planning Board in
granting prior site plan approval.
7. Special Approval: In granting special Approval in any instance specified above, the
Planning Board shall determine that:
(a) the health, safety, morals and general welfare of the community in harmony with the
general purpose of this ordinance shall be promoted.
(b) The premises are reasonably adapted to the proposed use.
(c) The proposed use and the location and design of any structure shall be consistent
with the character of the district in which it is located.
(d) The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
7
speckm Lff, wpSl ith Uocallaw August 119 1993 3.-02pm
inconvenience neighboring inhabitants.
(e) The proposed access and egress for all
and uses shall be safely designed.
(f) The general effect of the proposed use upon they community as a whole, including
such items as traffic Ioad upon public streets and load upon water and sewerage systems
is not detrimental to the health, safety and general welfare of the community.
The Planning Board may impose upon the appli
deems necessary to protect the general welfare of the cor
8. Definitions. For the purposes of this Special I
shall have the following meanings and shall be subject to
(a) Site. A "site" shall be initially the area of Ian(
allocated to a proposed project (or, in the case of
project or structure). The determination of whether si
be granted shall depend, in addition to other crite
whether the proposed project and such designated
Special Land Use District such as density, ground c
(e.g. sufficient land area should be included and c
proposed building(s) on the site do not exceed 25 %
(i) After having previously obtained site plan
(A) Decrease or reconfigure such si
(B) Add one or more structures to
(ii) Add one or more structures to an area pr
plan or special approval has been heretofore
such reasonable conditions as it
Rye
Use District, the following terms
following procedures:
designated by the applicant to be
existing structures, to the existing
a. plan and /or special approval shall
is set forth in this Ordinance, on
rea meet the requirements of this
average, noise, etc. set forth above
:signated for this site so that the
f the site). If the applicant desires
or special approval to
or
site; or
y in existence for which no site
ned,
the applicant may apply for a modification to the previous site plan and /or special
approval and may, at the applicant's discretion, request that the site previously approved
be reconfigured, enlarged, or reduced in size so that the proposed modified site with any
proposed additional structures would be in compliance with the performance standards
and other requirements set forth above or elsewher in this Ordinance. The criteria
applicable to the review of initial site plan and or speCial approval applications shall be .
equally applicable to the application for a modification of a site plan or site. However,
in reconfiguring, enlarging or reducing the area of a site, no piece of land shall be
speclatul. U, wpS1 ith Uocallaw August 11, 1993 3 :02pm
designated as part of more than one site (i.e. no piece of land may be counted for
compliance purposes for two sites).
Notwithstanding the foregoing, no site shall exceed 30 acres in size.
(b) Owned. Property is "owned" by the person(s) or entity(ies) holding the fee title to
at least a 51% interest in the property, except that if the property is leased under a
written, bona fide, recorded lease for a term of more than 35 years, the property shall be
deemed "owned" by the person(s) or entity(ies) holding at least a 51 % interest as tenant
in such lease. If a requirement for a permitted use in this Special Land Use District is
ownership by an educational institution, at least 51 % of the interest in the property must
be held by such institution to qualify. (i.e. the educational institution must "own" the
property.
(c) Educational Institution. An "educational institution" is a corporation, foundation, or
other generally recognized entity organized and operated principally for the purpose of
educating persons with essentially three components: (1) a curriculum; (2) a plant
consisting of adequate physical facilities; and (3) a properly qualified and accredited staff
to carry out its educational objectives. The following are included as educational
institutions:
(i) A college or university chartered by the State of New York.
A college or university or post- graduate institution providing a recognized
course of study and accredited by a recognized accrediting organization.
(iii) A public school operated by a state - recognized Board of Education.
(iv) A private school having received appropriate approval from the Board of
Regents or Department of Education of the State of New York to operate as a
school.
9. Amendment of Zoning Map. The official zoning map of the Town of Ithaca is hereby
amended by adding this Special Land Use District in the area described above.
10. Invalidity of Portion of Local Law. In the event that any portion of this local law
is declared invalid by a court of competent jurisdiction, the validity of the remaining portions
shall not be affected by such declaration of invalidity.
11. Effective Date. This law shall take effect 20 days after its adoption or the date it is
9
speelmid.11, wpSl irh Uwallaw August Ho 1993 3,,gpm
filed in the Office of the Secretary of State, whichever is later.
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