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HomeMy WebLinkAboutPB Minutes 1994-10-18TOWN OF ITHACA PLANNING BOARD OCTOBER 18, 1994 FILED TOWN OF ITHACA Dote �' qy C;fer The Town of Ithaca Planning Board met in regular session on Tuesday, October 18, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York at 7:30 p.m. PRESENT: Chairperson Robert Kenerson, George Bayer, Gregory Bell, Eva Hoffmann, James Ainslie, Herbert Finch, Candace Cornell, Stephen Smith, Jonathan Kanter (Town Planner), George Frantz (Assistant Town Planner) , JoAnn Cornish - Epps (Planner II), Daniel Walker (Town Engineer), John Barney (Town Attorney). ALSO PRESENT: Janet Hawkes, Ralph Varn, Charles Pomada, J.E. Thomas, Claudia & Jerry Weisburd, Cielia Wildes, Dan Tomell, Joan Bokaer, Susan McGreivy. Chairperson Kenerson declared the meeting duly opened at 7:32 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on October 7, 1994 and October 12, 1994, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of the property under discussion, as appropriate, upon the Clerks of the Town Ithaca and the Town of Dryden, 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 October 13, 1994. Chairperson Kenerson 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 Kenerson closed this segment of the meeting. Chairperson Kenerson received an invitation for on October 25, 1994, which Recreation Way, and that it meeting. stated that the Board Members had the ribbon cutting ceremony to be held would officially open the South Hill would be discussed again later in this AGENDA ITEM: APPROVAL OF MINUTES - October 4, 1994. MOTION by George Bayer, seconded by Herbert Finch: RESOLVED, that the Minutes of the Town of ithaca Planning Board Meeting of October 4, 1994, be and hereby are approved as written. Vt L Planning Board Minutes There being no further vote. 2 October 18, 1994 discussion, the Chair called for a Aye - Kenerson, Bell, Bayer, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Hoffmann. The MOTION was declared to be carried. Board Member Candace Cornell stated that the Town of Ithaca Conservation Board received an award for its Coy Glen Biological Corridor Plan. Ms. Cornell stated that the Plan won the New York State Association of Conservation Councils' Research Award, PUBLIC HEARING. CONSIDERATION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR THE PROPOSED ADDITION OF A 4,000+/- S . F . PLAY AREA ADJACENT TO EXISTING GYMNASIUM AT THE MONTESSORI SCHOOL OF ITHACA, LOCATED AT 120 EAST KING ROAD, TOWN OF ITHACA TAX PARCEL NO. 43- 1 -3.5, RESIDENCE DISTRICT R -30. MONTESSORI ELEMENTARY SCHOOL OF ITHACA, OWNER; CHARLES POMADA, AGENT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7:35 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Chairperson Kenerson stated, for the record, that the proposed addition was for 1,600 square feet of paved surface for the play area, and that the 4,000 square feet was listed incorrectly in the Public Notice. Charles Pomada addressed the Board and stated that he was the contractor and a parent to a child that attends the Montessori School of Ithaca. Mr. Pomada stated that the proposal to the Board tonight was for a paved area of 40 feet by 40 feet for basketball, to learn tennis, handball, etc. Mr. Pomada stated that the children attending the school are from age three to the sixth grade level. Mr. Pomada stated that the paving would be 1,600 square feet, and he planned to blend the grading into the existing grades so that there would not be a sharp drop- off, to prevent anyone from getting hurt while running off the edge of the pavement. Mr. Pomada stated that there was a proposal from Mr. Mancini for the paving itself for $4,000. Board Member Stephen Smith stated that the current driveway led directly into the proposed area to be paved, and asked if there would be a divider between the parking and the play area. Mr. Pomada stated that there would not be a divider, but the area would be clearly marked with signs to show where parking would be allowed. 0 Planning Board Minutes 3 October 18, 1994 Chairperson Kenerson asked if there would be any changes to the existing lighting. Mr. Pomada responded that there would be no need for additional lighting. Board Member George Bayer addressed the Board, referring to a letter from the Tompkins County Department of Planning dated October 6, 1994, and asked if the parking would be insufficient as suggested by said letter. (Letter to George Frantz from the Tompkins County Planning Department, dated October 6, 1994, is attached hereto as Exhibit #1) Mr. Pomada stated that there would be no shortage of parking for the school. Board Member Eva Hoffmann asked Mr. Pomada if the culvert would be extended. Mr. Pomada responded, yes, the culvert would be extended to ten feet. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone from the Public wished to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. There being no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. Motion by Herbert Finch, seconded by James Ainslie: WHEREAS: 1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed addition area adjacent to existing gymnasium at of a 1,600 SF +/- play the Montessori School of Ithaca, located at 120 East King Road, Town of Ithaca Tax Parcel No. 43- 1 -3.5, Residence District R -30. Montessori Elementary School of Ithaca, owner; Charles Pomada, Agent, 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Site Plan Approval, and 3. The Planning Board, 1994, has reviewed Environmental Asses applicant, a Part I: site plan entitled Paving of Play Area, at a Public Hearing held on October 18, and accepted as adequate the Short sment Form Part I prepared by the prepared by the Planning staff, and a "Montessori School of Ithaca Proposed it dated September 19, 1994, prepared by Li i Planning Board Minutes 4 October 18, 1994 Charles Pomada, and additional application materials, and 4. The Town Planning staff have recommended a negative determination of environmental significance with respect to the proposed site plan, as proposed, NOW, THEREFORE, BE IT RESOLVED. That the Town determination of the New York State referenced action Environmental Asse will be required. of Ithaca Planning Board hereby makes a negative environmental significance in accordance with Environmental Quality Review Act for the above - as proposed and, therefore, neither a Full ssment Form nor an Environmental Impact Statement There being no vote. Aye - Kenerson, Bell, Smith. Nay - None. further Bayer, discussion, the Chair called for a Hoffmann, Ainslie, Finch, Cornell, The MOTION was declared to be carried unanimously. MOTION by Eva Hoffmann, WHEREAS. 0 seconded by Gregory Bell. 1. This action is the Consideration of Preliminary and Final Site Plan Approval for the proposed addition of a 1,600 SF +/- play area adjacent to existing gymnasium at the Montessori School of Ithaca, located at 120 East King Road, Town of Ithaca Tax Parcel No. 43- 1 -3.5, Residence District R -30. Montessori Elementary School of Ithaca, Owner; Charles Pomada, Agent. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on October 18, 1994, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing on October 18, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Planning staff, and a site plan entitled "Montessori School of Ithaca Proposed Paving of Play Area," and dated September 19, 1994, prepared by Charles Pomada, and additional application materials. NOW, THEREFORE, BE IT RESOLVED. 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as N Planning Board Minutes 5 October 18, 1994 shown on the Preliminary and Final Site Plan Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final Site Plan Approval to the proposed site plan entitled "Montessori School of Ithaca Proposed Paving of Play Area," and dated September 19, 1994 prepared by Charles Pomada, subject to the following conditions: a. Submission of an original and two copies of the final site plan, revised to include the conditions shown on the Final Site Plan Checklist attached, for approval by the Town Engineer and Town Planner. b. No parking shall be allowed at any time in this play area and adequate signage to prevent such parking shall be installed. c. The culvert shown on the Site Plan shall be extended at least 10 feet to prevent water from collecting at the edge of the proposed play area. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Bayer, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of Preliminary and Final Site Plan Approval for the Montessori School of Ithaca duly closed at 7:46 p.m. Chairperson Kenerson stated that there was a few minutes prior to the next scheduled Public Hearing and asked if the Board had anything they wished to discuss during this time. Assistant Town Planner George Frantz stated that there was an additional announcement regarding the South Hill Recreation Way, that Lieutenant Governor Stan Lundine would be present and participating in the ribbon cutting ceremony opening the Recreation Way on October 25, 19940 Board Member ,Tames Ainslie stated that he was concerned about approximately 35 acres of land that is located near the West Hill Fire Station. Cornell University bought the Odd Fellows property, portions of which had been sold off, but the remainder of the area Planning Board Minutes 6 October 18, 1994 has been totally neglected, not maintained at all. Mr. Ainslie stated that he had mentioned this problem to the County Board of Representatives before. Mr. Ainslie was advised to call John Majeroni, Cornell Real Estate Office, or John Gutenberger, Cornell Community Relations Office, to see if they would do anything about that land. AGENDA ITEM. CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 56 -3 -14.2, 20.01 + /.- ACRES TOTAL AREA, INTO TWO LOTS, 11.35 + /- AND 8.65+/ - ACRES IN SIZE RESPECTIVELY, LOCATED ON THE NORTH SIDE OF SLATERVILLE ROAD BETWEEN BURNS ROAD AND THE TOWN OF ITHACA /TOWN OF DRYDEN LINE, RESIDENCE DISTRICT YARN, APPLICANT. R-15. ELEANOR FOOTE, OWNER; RALPH Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7:50 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Ralph Varn addressed the Board and stated that he had appeared before the Zoning Board of Appeals of the Town of Ithaca and received the variance for the road frontage issue that the Planning Board made as a requirement. Mr. Varn stated that the other conditions and requirements would happen as a result of closing. Chairperson Kenerson stated that the Planning Board Members had each received a copy of the resolution from the Town of Ithaca Zoning Board of Appeals and from the Town of Dryden Planning Board. (The Resolution dated October 12, 1994, from the Town of Ithaca Zoning Board of Appeals is attached hereto as Exhibit #2; the Resolution dated September 20, 1994, from the Town of Dryden Planning Board is attached hereto as Exhibit #3) Board Member Candace Cornell asked if there was assurance that there would be proper road access to this lot. Town Attorney John Barney stated there will be no building until public access is provided. Ms. Cornell stated that the property could be subdivided and if Peregrine Hollow did not go through, it would still be a landlocked parcel. Town Attorney John Barney stated that there was an additional condition that stated that it must be added to the Peregrine Partners land so that it is not landlocked necessarily because there would be frontage on Snyder Hill Road in the Town of Dryden. e Planning Board Minutes 7 October 18, 1994 Ms. Cornell stated that if none of the proposed roads in the Peregrine Hollow proposal were ever built there would be a land locked parcel. Attorney Barney responded that it would be landlocked on which nothing could be built until there was access to a public road provided. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone would like to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Candace Cornell stated that she was fundamentally opposed to such an intense development in that area without better infrastructure to support such development in terms of Snyder Hill Road. There being no further discussion,. Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by George Bayer. WHEREAS. 1. This action is the Consideration of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56 -3 -14.2, 20.01 +/- acres total area, into two lots, 11.35 +/- and 8.65 + /- acres in size respectively, located on the north side of Slaterville Road between Burns Road and the Town of Ithaca /Town of Dryden line, Residence District R -15. Eleanor Foote, Owner; Ralph Varn, Applicant, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review with respect to Subdivision Approval, did, on September 20, 1994, make a negative determination of environmental significance, and 3. The Planning Board, on September 20, 1994 did grant Preliminary Subdivision Approval, with conditions, for the proposed subdivision, and 4. This is an action for which the Zoning Board of Appeals has, as required by the conditions set forth in the Preliminary Subdivision Approval, granted a variance from the minimum road frontage requirement, and 5. The Planning Board, at a Public Hearing held on October 18, i u Planning Board Minutes DOO 1994, did review and accepted as adequate ai Final Subdivision Approval, including "Subdivision Plat, Eleanor Foote Lands, Town of Tompkins, State of New York" prepared Fabbroni, P.E., L.S., dated 22, 1994, September 10, 1994 application materials. NOW, THEREFORE, BE IT RESOLVED: October 18, 1994 i application for a map entitled of Ithaca, County by Lawrence P. 4ay 19, 1994 and revised August and October 3, 1994, and other 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Final Subdivision Approval, as shown on the Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Town of Ithaca Planning Board hereby grants Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 56 -3 -14.2, 20.01 acres + / -, into two lots, 11.35 +/- and 8.65 +/- acres in size respectively, located on the north side of Slaterville Road, as shown on a map entitled "Subdivision Plat, Eleanor Foote Lands, Town of Ithaca, County of Tompkins, State of New York," prepared by Lawrence Fabbroni, P.E., L.S., dated May 19, 1994 and revised August 22, 1994, September 10, 1994, and October 3, 1994, subject to the following conditions. a. Because the subdivision as requested creates a Lot without any road frontage in the Town of Ithaca, Lot 1 shall be conveyed only with the piece of land adjacent to Lot 1 in the Town of Dryden shown on the subdivision map as "A portion of tax parcel 71- 1 -1.2, 5.30 +/- Acres" to the same party (Peregrine Partners) that recently acquired the property adjacent on the east from Underwood, and Lot 1 and the other Foote lot (5.30 +/- Acres) shall be consolidated with such Peregrine Partners property which has frontage on Snyder Hill Road in the Town of Dryden and Lot 1 shall not be subdivided from such other lands until adequate public road access (as determined by the Town of Ithaca Planning Board) is provided to Lot 1. For this purpose public road access shall not be deemed "provided to Lot 1" until such time as a road has been physically constructed to Town of Dryden specifications (if in the Town of Dryden) or to Town of Ithaca specifications (if in the Town of Ithaca) and has been conveyed to and accepted by the applicable municipality as a public road to be maintained as such by the applicable municipality. b. As stated above, Lot 1 shall not be conveyed or transferred, directly or indirectly, subsequent to its Planning Board Minutes D October 18, 1994 transfer to Peregrine Partners, until adequate public road access (as the same is defined in subparagraph a. above) is provided to Lot 1. This restriction, in language approved by the attorney for the Town, shall be shown both on the final plat and in the recorded deeds for both Lots 1 and 2. c. Detailed drainage and erosion and sediment control plans shall be prepared and provided to the Town of Ithaca Planning Board prior to any future subdivision approvals of either Lot 1 or 2, where additional lots are proposed. d. No building permit shall be issued for construction of any structure on Lot 1 until adequate public road access (as defined in subparagraph a. above) is provided to such lot. e. The showing of the proposed access to Snyder Hill Road across property in the Town of Dryden on the final subdivision map shall not be deemed the provision of "adequate public road access" for the purposes of further subdivision or obtaining a building permit as proscribed in this resolution, until such access has been constructed and conveyed as set forth above in subparagraph a. 3. The Town of Ithaca Planning Board may, upon application of the then owner or owners of Lot 1 or Lot 2, modify the conditions set forth above if adequate assurances, including, if appropriate, bonds or letters of credit, are provided to assure that public road access will be provided to Lot 1 upon terms acceptable to the Planning Board and the Town Board of the Town of Ithaca. 4. Prior to any further subdivision of Lot 1 or Lot 2, the developer and Town staff should make reasonable effort to explore the possibility of access to Lot #1 being provided by a road or roads leading westward to Park Lane and /or Slaterville Road. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bayer, Bell, Hoffmann, Ainslie, Finch. Nay - Cornell, Smith. The MOTION was declared to be carried. Chairperson Kenerson declared the matter of the Final 2 -Lot Subdivision Approval of the Eleanor Foote property duly closed at t Planning Board Minutes 8:01 p.m. Chairperson cutting ceremony October 25, 1994, Recreation Way. Eto. October 18, 1994 Kenerson stated that, there would be a ribbon to open South Hill Recreation Way on Tuesday, at 5&50 p . m . on the Hudson Street Entrance to the Board Member Candace Cornell stated that she thought that George Frantz, the Planning Department, the Parks Department, and the Highway Department, did a great job on the Recreation Way. Ms. Cornell stated that this project is an example of everyone working together for a great result. Assistant Town Planner George was started in the Summer of 1992, this project in January 1989, and easements in January 1990 for the Frantz stated that construction they had received the grant for that they had started acquiring South Hill Recreation Way. AGENDA ITEM: CONTINUATION OF DISCUSSION OF PROPOSED SPECIAL LAND USE DISTRICT (SLUD) AND SKETCH PLAN FOR THE PROPOSED ECOVILLAGE COHOUSING COMMUNITY PROJECT, PROPOSED TO CONSIST OF 30 DWELLING UNITS (15 DUPLEXES) AND A COMMUNITY CENTER TO BE CLUSTERED ON 30 ACRES PROPOSED TO BE SUBDIVIDED OFF OF TOWN OF ITHACA TAX PARCEL NOS. 28 -1 -26.2 AND 28 -1 -26.8, 177.8 ACRES TOTAL AREA, LOCATED ON THE SOUTH SIDE OF MECKLENBURG ROAD (NYS ROUTE 79) APPROXIMATELY 11500 FT. WEST OF WEST HAVEN ROAD, RESIDENCE DISTRICTS R -15 AND R- 30. ECOVILLAGE AT ITHACA, OWNER; FIRST RESIDENCE GROUP, APPLICANT. Chairperson Kenerson declared the discussion of the above - noted matter duly opened at 8:04 p.m. and read aloud from the Planning Board Agenda. Town Planner Jonathan Kanter addressed the Board and stated that he had prepared a memorandum which he felt summarized the points that were agreed on at the Planning Board Meeting held on October 4, 1994. (Mr. Kanter's Memorandum dated October 12, 1994, is attached hereto as Exhibit #4) Mr. Kanter then gave a brief summary to the Planning Board Members and the interested members of the public by reading from said memo. Jerry Weisburd of Calkins Road, addressed the Board and stated that he had drawn a sketch showing the revised road location and the revised property lines as discussed and agreed to at the last Planning Board Meeting. (Project Plan entitled, "EcoVillage CoHousing Cooperative, Revised Road Revised Property Lines, dated October 15, 1994, is attached hereto as Exhibit #5) Mr. Weisburd gave a brief description of the changes shown on the map. Mr. Weisburd stated that the changes consisted of moving the road to the east leaving a 60 -foot wide strip of land for access to the westerly parcel. Mr. Weisburd stated that the design of the road was changed to go around the majority of the wetland. Planning Board Minutes 11 Board Member Candace Cornell asked if frontage was enough for legal frontage for western side of the 30 acre parcel. The Board discussed the frontage needed for a legal whether 60 feet was correct or of road frontage and 150 feet Board also discussed the need October 18, 1994 the 60 -foot road a legal lot on the requirements for the amount of road lot. There was discussion as to if there was supposed to be 100 feet depth to make it a legal lot. The for a variance. Claudia Weisburd asked the Planning Board for some specific direction so that they can bring in the necessary changes to please the Board. Ms. Weisburd stated that they preferred not to need to go through the process for a variance. There was discussion about moving the 30 acre parcel up away from the property line in order to form one contiguous piece of property, without the need to worry about the road frontage for two or three lots. Town Engineer Daniel Walker stated that the New York State Department of Transportation would need to see and approve of any curbcuts. Mr. Walker also stated that a profile of Mecklenburg Road extending several hundred feet up and several hundred feet down the hill is needed to show the actual elevations and profile of that road. This would give the Board an idea of the sight distances from the proposed road location. Board Member Eva Hoffmann asked Ms. Weisburd what would happen if the ownership of the land changed from EcoVillage at Ithaca. Claudia Weisburd responded that the easement goes with the land, not with the landowner. Town Attorney John Barney asked Ms. Weisburd if the easement terminated when it was conveyed to a municipality. Ms. Weisburd responded, yes. Ms. Weisburd stated that the entire wetland area was going to be developed into a chambered marsh system. The Board discussed the possibility of whether the Town of Ithaca would accept a conveyance of 200 feet of the road which would create the road frontage for the other two lots. Assistant Town Planner George Frantz stated that having the Town Highway Department go a half mile west on Mecklenburg Road to plow and maintain 200 feet of road would not make any sense from a financial standpoint. The Planning Board discussed specific items contained within Planning Board Minutes 12 October 18, 1994 the draft SLUD while simultaneously referring to Town Planner Jonathan Kanter's memorandum for guidance in addressing the most important issues. (Please refer to Exhibit #4, Memorandum from Town Planner Jonathan Kanter. A copy of the Draft SLUD for the EcoVillage at Ithaca property is attached hereto as Exhibit #6) Town Planner Jonathan Kanter stated that he had a meeting with Town Attorney John Barney, Town Engineer Daniel Walker, Highway Superintendent Fred Noteboom, and discussed Items A, B, C, D, and E, of the draft SLUD. Mr. Kanter stated that the main decisions made at the meeting were: 1. If during the Phase I road for serving the 30 units, it would be a good idea to show some kind of a turn- around at the end of the road for maintenance and emergency vehicles; 2. To include some kind of a resolution or easement for the future through road that would connect the now new western parcel; and, 3. The road would need to be basically up to Town specifications except for the paving requirement or a mechanism being established to do so. Board Member Eva Hoffmann stated that some of the reading materials from previous meetings sounded as though a portion of the road might have just one lane. Ms. Weisburd stated that there would be a 20 -foot driving width which would allow for two cars with shoulders as well. Board Member Candace Cornell asked if there were any changes to the emergency access road. Town Planner Jonathan Kanter stated that the only change to the emergency access road was the alignment. that the secondary access was not addressed Mr. Kanter stated in the SLUD and suggested that the language contained in Ms. Weisburd's letter of October 5, Weisburd, 1994 be added to the SLUD. (Letter written by Claudia dated October 5, 1994, is attached hereto as Exhibit #6) Ms. Cornell asked about the cul -de -sac at the end that would allow for turn - around. Town Attorney John Barney stated that it was not specific in the SLUD because the cul -de -sac was a consideration at the site plan phase. Town Planner Jonathan Kanter stated, referring to item 2b. of his memorandum, that the Planning Board needed to agree on the Park and Open Space requirements. Mr. Kanter stated that the Town staff and Town of Ithaca Parks Department discussed whether or not it is necessary to require a specific reservation in light of the fact that a very large percent of the property is going to be open space and not developed. Mr. Kanter stated that the Board may want to A Planning Board Minutes 13 October 18, 1994 consider not requiring a specific separate reservation in addition to open space that is going to be preserved on the property as long as the SLUD could address what the open space in the developed parcel should be like. Board Member Stephen Smith stated that the amount of open space described met our requirements for park and open space reservation for the section that would be divided out. Board Member Candace Cornell stated that she felt that the park and open space be based on 177 acres and defer the dedication of that space until other neighbors or neighborhoods come before the Board. Ms. Cornell stated that the Board should leave that option open to be taken out of either the westerly or easterly parcel, if it is ever required. When the term parkland is discussed, it could refer to a trail system, a park, a wildlife corridor, etc. Board Member Eva Hoffmann stated that she would not want trails through farm fields. Ms. Hoffmann stated that it would be nice to see what would be the most suitable way to use some of this land for public use by seeing where it could possibly connect to in the surrounding pieces of the Town. The Planning Board concurred with Ms. Cornell's statement, that the option to require the park and open space set aside requirement at a future date based on 177 acres. Board Member Stephen Smith stated that his main concern was the generation of traffic and parking. was The Board discussed allowable uses some concern with the parking spaces in an R -30 zone, and there due to the fact that an R- 30 zone allows home occupations with up to three employees that do not live there. Jerry Weisburd stated that there were 39 spaces shown on the plat, of which is Ithaca. consistent with the cluster regulations for the Town Board Member Candace Cornell stated that she felt that the 39 spaces should be left on the plat with the provision that more be provided if needed. Town Planner Jonathan Kanter stated that he felt that the Planning Board should set the number of spaces allowable in the SLUD, and if at some point in the future it is determined that more spaces were needed there would be flexibility for the Planning Board to modify that at the site plan approval stage. Board Member Gregory Bell stated that in the staff discussion Mr. Kanter mentioned earlier in the meeting, an idea that the road Planning Board Minutes 14 October 18, 1994 network be extended to the edge of the 30 acre parcel line for the purpose of being able to connect the future loop road. Mr. Bell stated that he had not heard whether or not it was acceptable to the representatives of the Residents' Group. Mr. Kanter stated he was referring to an easement or a reservation for future road extension, but not the road itself. Mr. Weisburd stated that he had no problems with the easement or reservation for possible future road extension and that he did not feel that the other people involved would have a problem with that either, but that they would take it to them. There was some discussion by the Planning Board and the Weisburds regarding the drainage and runoff on the property. The Board also discussed whether or not a sunset provision was reasonable. The staff and the Weisburds decided to try to meet later in the week to discuss some of the issues prior to coming back before the Planning Board in hopes of approval of the SLUD to be recommended to the Town Board for adoption. It was determined that, if possible, the EcoVillage SLUD proposal would come before the Planning Board on November 1, 1994 in the forum of a Public Hearing in an effort to get input from the Public. Any suggested changes or additions made at the Public Hearing could then be considered and /or incorporated into the SLUD and then brought back to the Board to make a recommendation to the Town of Ithaca Town Board regarding the creation of the proposed SLUD for the First Residents' Group. Town Planner Jonathan Kanter stated that the Town would need a somewhat modified Environmental Assessment Form for the development regarding the SLUD from the Weisburds. Mr. Kanter also stated that the location of the buildings was a general conception, subject to final approval, which would allow the Planning Board some flexibility for modification. Assistant Town Planner George Frantz stated that the SEQR would need to be done based on the general site plan and not merely the piece of legislation and what it allows. The Planning Board will hold a Public Hearing on November 1, 1994, and after the Public Hearing the Planning Board could recommend approval of the SLUD to the Town Board. Chairperson Kenerson declared the discussion of the proposed Special Land Use District for the proposed EcoVillage development duly closed at 10:38 p.m. s Planning Board Minutes ADJOURNMENT 15 October 18, 1994 Upon Motion, Chairperson Kenerson declared the October 18, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 10:40 p.m. 10/24/94. Respectfully Submitted, 'I StarrRae Hays, Recording Secretary, Town of :Ithaca Planning Board. . V Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca, New York 14850 James W. Hanson, Jr. Commissioner of Planning October 6, 1994 Mr. George Frantz Town of Ithaca 126 E. Seneca Street Ithaca, NY 14850 fj �� OCT - 7 Telephone (607) 2745560 FAX (607) 2745578 Re: Zoning Review Pursuant to §239 -1 and -m of the New York State General Municipal Law Action: Montessori School Play Area, 120 East King Road Dear Mr. Frantz: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to §239 -1 and -m of the New York State General Municipal Law. The Planning Department has one comment regarding the Montessori School Site Plan. The proposed play area is currently a crushed stone parking lot. There is concern that the replacement of the parking lot with a play area will result in insufficient parking facilities at the school. The Planning Board's consideration of this issue is appreciated. The proposal, as submitted, will have no significant deleterious impact on intercommunity, County, or State interests. Therefore, no recommendation is indicated by the Tompkins County Planning Department, and you are free to act without prejudice. Please inform us of your decision so that we can make it a. part of the record. Sincerely, Z ITS James Hanson, Jr. Commissioner of Planning A Exhibit #1 to Recycled paper 10/18/94 PB Minutes • • N 11 ki i D441 • • •:�. .., The first appeal to be heard by the Board was as follows: APPEAL of Ralph Varn, Appellant, Article IV, Sections 14 and 16 of 280 -A of New York State Town La (through subdivision) which does highway, at 1598 Slaterville Road, 3 -14.2, Residence District R -15. ��.1/1: • .1�154.Y .7 `1.I�I�y1� MOTION requesting a variance the Town of Ithaca Zon w, to be permitted to not have frontage on on a portion of Town of By Mr. Edward King, seconded by Mr. Harry Ellsworth. i� from the requirements of ing Ordinance and Section create a parcel of land a Town, County or State Ithaca Tax Parcel No. 56- RESOLVED, that the Board adopt the recommendations of JoAnn Cornish, Planner 11 dated September 28, 1994 and find a negative determination of environmental signifi- cance for the appeal by Ralph Varn for the property at 1598 Slaterville Road, on a portion of Town of Ithaca Tax Parcel No. 56 -3 -14.2, Residence District R -15. A vote on the motion resulted as follows: AYES - Austen, King, Ellsworth, Scala. NAYS - None. The motion was carried unanimously. By Mr. Edward King, seconded by Mr. Harry Ellsworth. RESOLVED, that the Board grant the Appellant, Ralph Varn, a variance from the requirements of Article IV, Sections 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280 -A of New York State Law, to be permitted to create a parcel of land (through subdivision) which does not have frontage on a Town, County, or State highway, at 1598 Slaterville Road, on a portion of Town of Ithaca Tax Parcel No. 56 -3 -14.2, Residence District R -15, with the following findings: 1. Upon the understanding that the Board is adopting the conditions of the Planning Board's Preliminary Subdivision Approval dated September 20, 19940 2. There will be no development nor application for building permit for building on Lot #1 until access by public road has been provided through the Town of Dryden lands. 3. With regard to the four conditions the Planning Board has set forth in the Preliminary Subdivision Approval dated September 20, 1994, with the proviso that the Planning Board, during final approval or subsequent consideration of construction on Lot #1, may modify those conditions without the consent of this Board. Exhibit #2 10/18/94 PB Minutes A vote on the motion resulted as follows: AYES - Austen, King, Ellsworth, Scala. NAYS - None. The motion was carried unanimously. z f. . a JOSEPH LALLEY MOVED TO GIVE FINAL APPROVAL TO THE PHASE ONE IN THE PEREGRINE HOLLOW SUBDIVISION SUBJECT TO THE FOLLOWIN CONDITIONS: Fr" FOR THESE CONDITIONS ONE SHOULD REFERENCE THE LETTER FROPUTNAM TO BARBARA CALDWELL DATED SEPTEMBER E0, 1994, HER REFERRED TO AS THE PUTNAM LETTER. 1. REFERENCE THE P'UTNAM LETTER SECTION ON STORM WATER AND DRAINAGE: THE DEVELOPER SHALL CORRECT CONFLICTS IN THE DRAWINGS BETWEEN THE PROFILES AND PLAN VIEW FOR CULVERT SIZE AND LOCATION PRIOR TO CONSTRUCTION AND SUBMIT THEM TO THE TOWN ENGINEER. REFERENCE THE P'UTNAM LETTER SECTION ON SNYDER HILL ROAD: ACCEPTANCE BY THE TOWN OF DRYDEN OF DEVELOPER FUNDED IMPROVEMENTS TO SNYDER HILL ROAD PRIOR TO FIRST CERTIFICATE OF OCCUPANCY FOR ANY BUILDING IN THE PROJECT 3. REFERENCE THE P'UTNUM LETTER SECTION WATER: ACCEPTANCE BY THE TOWN OF DRYDEN OF ITS PORTION OF THE WATER SYSTEM IN THE PROPOSED EXTENSION OF THE SNYDER HILL WATER DISTRICT. 11. REFERENCE THE PUTNAM LETTER SECTION SEWER: ACCEPTANCE BY THE TOWN OF DRYDEN OF ITS PORTION OF THE SEWER SYSTEM IN THE PROPOSED SEWER DISTRICT. 0. ADDITIONS TO DEEDS FOR LOT 37 THROUGH 42 AND LOTS 34 THROUGH 35 THAT THE TOWN OF DRYDEN IS NOT RESPONSIBLE FOR SNOW REMOVAL FROM DRIVEWAY ENTRANCES THAT MAY BE CAUSED BY THE TOWN. 6. SUBMISSION TO THE TOWN OF DRYDEN OF 50 SCALE AS BUILT DRAWINGS OF THE SEWER AND WATER SYSTEMS P'REP'ARED BY LARRY FABBRONI OR OTHER P.E. ON BEHALF OF THE DEVELOPER THAT SHOW IN SUFFICIENT DETAIL TO THE TOWN OF DRYDEN ENGINEER ALL EASEMENTS RELATING TO WATER, SEWER, AND DRAINAGE SYSTEMS AND IMPROVEMENTS THERETO. 7. ADDITION OF DETAILS TO SUBDIVISION PLAT AND CORRECTIONS SHOWING WATER, SEWER, DRAINAGE, AND PATHWAY EASEMENTS TO THE SATISFACTION OF THE TOWN OF DRYDEN ENGINEER. Exhibit #3 10/18/94 PB Minutes .. I 8. THE LEGAL FORMATION OF THE SEWER DISTRICT. 9. ALL EASEMENTS SHALL BE SHOW ON SURVEYS OF INDIVIDUAL LOTS. 10. ADDITIONAL NOTES TO SUBDIVISION FLAT DESIGNATING LOTS THAT MAY REQUIRE SEWER EJECTION PUMPS. 11. APPROVAL OF PLAT BY TOMPKINS COUNTY HEALTH DEPARTMENT. 1 ACCOMPLISHING ENVIRONMENTAL IMPACT MITIGATION MEASURES FOR THE REED, DEBELL, BAUER AND RULING -ASH PROPERTIES AS DETAILED ON PLAT PRIOR TO ISSUANCE OF FIRST CERTIFICATE OF OCCUPANCY. 1�. ACCEPTANCE OF P'ROP'OSED TOWN ROADS BY THE TOWN OF DRYDEN. 14. OBTAINING OTHER AGENCIES APPROVALS AS REQUIRED. SECOND ROBERT FLETCHER. 24 r 14S Altvso /1S Apr dour rQg_uees�f ^'� C.Jd �Az e ClP�JI'QU�� O� The PpYCCYVjaC al�W 0 prf $ Lots . Henry M. Slater Zoning and Building Code Enforcement Town of Dryden Phone: 607 -844 -9120 st Main Street Office Hours 8AM - 1 PM Dryden, New York 13053 Monday - Friday E TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 21 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1783 FAX (607) 273 -1704 TO: TOWN OF ITHACA PLANNING BOARD FROM: JONATHAN KANTER, TOWN PLANNER K� RE: ECOVILLAGE - CONTINUE DISCUSSION OF SLUD AT 10/18 MEETING DATE: OCTOBER 12, 1994 In order to facilitate discussion of the EcoVillage proposal at the October 12th Board meeting, Bob Kenerson and I thought that it would be helpful to 1) summarize those points that appeared to be agreed to by the Board at the October 4, 1994 meeting, and 2) outline those elements of the SLUD and sketch plan that should be addressed at the 10/18 meeting. 1) Points Agreed to at October 4, 1994 Meeting a) The Planning Board agreed to consider the SLUD for the 35 acre parcel currently being proposed for development by the First Residents Group, rather than for the entire 177 acre EcoVillage parcel, but would report to the Town Board that the Planning Board is concerned with the overall planning implications for the surrounding area, and would look into future zoning options for the West Hill area as a follow up. b) The SLUD should be applied to just the 30 acre +/- parcel proposed for development; the 5 acres +/- of the access road strip would be omitted from the SLUD and remain as R -30. c) The applicant agreed to investigate shifting the access road to the east along Mecklenburg Road to avoid creating a landlocked parcel to the west lacking road frontage. 2) Items to Address at October 18, 1994 Meetiniz a) Agree on wording for main access road and emergency access (including design specifications, maintenance, future ownership - refer to memo of October 5, 1994 from C. Weisburd to J. Kanter). Exhibit #4 10/18/94 PB Minutes I -2. b) Park /open space reservation: Agree on type, amount, location and timing of land to be set aside for park, recreation or open space purposes, so that it can be shown on plan and incorporated into SLUR. c) Permitted uses: Should the uses permitted in the SLUD be the same as those in the R -30 District, or should the SLUD be more specific? d) Parking: Need for specific standards for number of parking spaces, location, visitors parking, etc. e) Environmental Features: Need to identify specific measures to preserve sensitive/ significant features on site (e.g., wetlands, streams, pond, trees, etc.). John Barney, Dan Walker, Fred Noteboom and I plan to meet to discuss the SLUD provisions prior to the October 18th meeting, and will discuss our suggestions for draft SLUD revisions with the Board on the 18th. cc: John Barney, Town Attorney Dan Walker, Town Engineer Fred Noteboom, Town Highway Superintendant Jerry and Claudia Weisburd (for First Residents Group) File Name: c: \1staff \jon \ecoslud.mem OSeH KN 'VOVHll NIAVH 3� S�NI-1 Aid�dOdd a]SIA]d �l adOd SNI�I�dO [-L9l 0 O W OVOd a]SIAIH z 'ONI Suicrii 1 1AbdO ]SnOH i �o3w 0 w > Z w!' z w N � dnildd�d000 oNIsnnnoHoo Iov�-Iinood z Z _ W K O U o I U00CL¢CE¢ WU�� �5Uz C i W O W - i O CD LLJ z W J O W r! rp N m N 0 O 0 a GVOdl NIAVH 1S:3M N �l V 0 O W t---------- - - - - -- - - - - - -- i I 0 w > Z I Q z Z W K O U w I I � i W O W - i i J I Q I I > i - i Q� CL- t LJ i o z O W ° Q O z Q_ fooa Ln I- 1 09 O 0 w O O � o W I E)- v O o0 i ct� 2Q° '000006 U) w N �l V 0 O W d U r d < w > Z O J z Z W K U U w 3 W O \ a w I I o E O - - O z a 3 � I - rl II o I II 0 I\ ¢ I \\ I \� I o \\ 00 o 0. o \\ o a @ I a \ un ^o o \\ o cc < m 0 0 \\ w ° - m \\ a o O � II ° o O II o b Ln II 0 o li W o m II N n O W o W d O O Q/ � O r� O v , a .a. h-- CCD Ce) V I W z J 866'BbZI z �l � r W W fl O Q_ U U W W O O Ll_ n ,b66'b 1 Wrr} lU� v �4 �. Llj 0 0 0 0 0 CJ1j'1'f `5 lair, Draft - 40/18/94 LOCAL LAW NO. FOR THE YEAR 1994 LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIX USE) FOR THE ECOVILLAGE CO- HOUSING COOPERATIVE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings. A. The Town of Ithaca's Comprehensive Plan encourages the development of environmentally sound housing communities; and B. A group, now known as First Residents Group, is in the process of forming a Cooperative Housing Corporation under the laws of the State of New York to be named EcoVillage Co- Housing Cooperative for the purpose of developing and owning such housing; and C. EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres to the First Residents Group or its successor cooperative, contingent upon the rezoning provided for by this local law and receipt of all other requisite approvals by the Town of Ithaca and Tompkins County; and D. The proposed project will: (a) contribute to the variety of housing styles and patterns of development available in the Town; (b) develop and model a neighborhood design for pedestrians, with minimal traffic, attractive landscaping, and safe play areas for children; (c) utilize clustering to create an aesthetic, quiet and safe neighborhood space to help foster a sense of community; (d) utilize interior acreage for housing, which will allow preservation of better agricultural soils, avoid strip -type residential development along roadways, create a safer environment, preserve existing rural character and existing views along roadways; (e) demonstrate the manner in which housing may be developed to conserve energy and water, by utilizing passive solar designs, super - insulation, careful landscaping for wind protection and low -flow water devices; 1 Draft - 40/18/94 LOCAL LAW NO. FOR THE YEAR 1994 LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT (LIMITED MIX USE) FOR THE ECOVILLAGE CO- HOUSING COOPERATIVE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Findings. A. The Town of Ithaca's Comprehensive Plan encourages the development of environmentally sound housing communities; and B. A group, now known as First Residents Group, is in the process of forming a Cooperative Housing Corporation under the laws of the State of New York to be named EcoVillage Co- Housing Cooperative for the purpose of developing and owning such housing; and C. EcoVillage at Ithaca, another entity, has agreed to sell approximately 33 acres to the First Residents Group or its successor cooperative, contingent upon the rezoning provided for by this local law and receipt of all other requisite approvals by the Town of Ithaca and Tompkins County; and D. The proposed project will: (a) contribute to the variety of housing styles and patterns of development available in the Town; (b) develop and model a neighborhood design for pedestrians, with minimal traffic, attractive landscaping, and safe play areas for children; (c) utilize clustering to create an aesthetic, quiet and safe neighborhood space to help foster a sense of community; (d) utilize interior acreage for housing, which will allow preservation of better agricultural soils, avoid strip -type residential development along roadways, create a safer environment, preserve existing rural character and existing views along roadways; (e) demonstrate the manner in which housing may be developed to conserve energy and water, by utilizing passive solar designs, super - insulation, careful landscaping for wind protection and low -flow water devices; (f) demonstrate how housing may be developed which conserves energy by building smaller individual dwellings and concentrating otherwise - duplicated, energy- consuming spaces into a community center or "common house "; (g) demonstrate how meaningful open space may be preserved in conjunction with construction of new housing at ordinarily- permitted densities. Section 2. Purpose. It is the purpose and intent of this local law to allow, by creation of a Special Land Use District, an opportunity for the implementation of the foregoing goals and objectives in an environmentally and ecologically sound manner. Section 3. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town of Ithaca, as readopted, amended and revised, effective February 26, 1968, and thereafter further amended, be further amended as follows: A. Addition of Special Land Use District No. Article II, Section 2 of the Town of Ithaca Zoning Ordinance is amended by adding to the permissible districts itemized in said section a district designated as "Special Land Use District No. It B. Principal Use Regulations. In Special Land Use District No. , no building shall be erected or extended and no land or building or part thereof shall be used for other than any of the following purposes: 1. A one - family dwelling. A one - family dwelling may be occupied by not more than (a) one family, or (b) one family plus no more than one boarder, roomer, lodger, or other occupant. 2. A two - family dwelling. A two - family dwelling may be occupied by not more than two families and each dwelling unit in a two - family dwelling shall be occupied by not more than one family. 3. A community center, also known as a "common house" which may house recreation, meeting, and dining space, children's playrooms, kitchen facilities, common laundry facilities, and other accessory uses permitted in this Special Land Use District and /or other community space, provided, however, that the community center is to be used exclusively by the residents of the dwellings located within this Special Land Use District. 4. The following uses but only upon receipt of a special approval for same by the Board of Appeals in accordance with the procedures described below: (a) church or other places of worship, convent and parish house. ecovil.11, wp5lith/locallaw, October 18, 1994 7:13pm (b) public library, public museum, public, parochial and private schools, daycare center, nursery school, and any institution of higher learning including dormitory accommodations. (c) publicly owned park or playground including accessory buildings and improvements. (d) Nursing or convalescent home, or medical clinics. The application for approval of any of the foregoing uses shall be referred to the Planning Board and no final action by the Board of Appeals shall be taken until the Planning Board has reviewed at least a preliminary site plan and approved same. If the Zoning Board of Appeals approves same, and if only a preliminary site plan was approved by the Planning Board, the matter shall be returned to the Planning Board for final site plan approval. The site plan approval process shall be as set forth in Article IX of the Zoning Ordinance supplemented by the provisions of this local law. No building permit shall be issued unless the proposed structure is in accordance with the final site plan approved by the Planning Board. 5. Garden, nursery, or farm, except a hog farm where the principal food is garbage. Sale of farm and nursery products shall be subject to the provisions of Section 18, Subdivision 7 of the Ordinance. Usual farm buildings are permitted, provided that: (a) Any building in which farm animals are kept shall be at least 100 feet from any dwelling or community center and any street right of way, and if subdivision approval is obtained, at least 100 feet from any lot line. (b) No manure shall be stored within 100 feet of any dwelling or community center or street right of way, and if subdivision approval is obtained, within 100 feet of any lot line. 6. Any municipal or public utility purpose necessary to the maintenance of utility services. 7. Cemetery and the buildings and structures incident thereto, but only upon special approval of the Board of Appeals. 8. A roadside stand or other structure for the display and sale of farm or nursery 3 ecovil.11, wp5lith /locallaw, October 18, 1994 7:13pm products incidental to farming and as a seasonal convenience to the owner or owners of the land. Any such stand shall be located a minimum of 15 feet from the street line, in such a manner as to permit safe access and egress for automobiles, and parking off the highway right of way and shall not be operated more than eight months out of any one year. 90 Signs, as regulated by the Town of Ithaca Sign Law. 100 Day care homes and group day care facilities. 110 Group family day care homes upon special approval by the Board of Zoning Appeals pursuant to Section 77, Subdivision 7. C. Accessory Uses. Permitted accessory uses in Special Land Use shall be limited to the following: L Office of a resident doctor, dentist, musician, engineer, teacher, lawyer, artist, architect or member of other recognized profession and quasi - profession where such office is a part of the residence building provided that not more than 3 additional persons not residing on the premises may be employed. 2. A customary home occupation (such as dressmaking, hair dressing, laundering, home cooking, carpentry, electrical, and plumbing work or similar manual or mechanical trade) operated solely by a resident of the dwelling provided that (a) No additional person not residing on the premises may be employed therein; and (b) No goods or products are publicly displayed or advertised for sale; and (c) There is no outside storage; and (d) No noise, dust, disorder, or objectionable odor is experienced beyond the dwelling where such use is conducted. Any of the above mechanical trades that are conducted in the home shall be conducted within the confines of the dwelling or the basement of the dwelling or in a garage area not to exceed 200 square feet. 3. Off- street garage or parking space for the occupants, users and employees in 4 ecovil.11, wp5 I ith/locallaw, October 18, 1994 7:13pm connection with uses specified above, but subject to provisions of Section 45 and Section 69 of the Ordinance, and subject to the other provisions of this local law. 49 A temporary building for commerce or industry, where such building is necessary or incidental to the development of the residential area. Such buildings may not be continued for more than one year except upon special approval of the Board of Appeals. 5. Accessory buildings such as dog houses, gazebos, or other small structures clearly ancillary and related to dwelling uses in the Special Land Use District and subject to all other provisions of this local law. 69 The keeping of domestic animals or fowl in accessory buildings, provided that no such building shall be nearer than 20 feet to any other dwelling and shall be located on land owned or leased by the person occupying the principal dwelling to which such building is accessory, and further provided that there shall be no raising of fur - bearing animals, keeping of horses for hire, or kennels for more than 3 dogs over 6 months old. 7. Signs, as regulated by the Town of Ithaca Sign Law, D. Manner of Land Ownership. The property in this Special Land Use District may be owned in the following manners: 10 Individually by more than one person or entity provided that there is compliance with the subdivision regulations of the Town of Ithaca (including the cluster subdivision regulations); or 2. As a cooperative (where there is one entity that owns the land and which leases land to individuals who then erect dwelling units on the leased land); or 3. As a condominium. Regardless of the manner of ownership, before construction of any improvements anywhere in the Special Land Use District is commenced, except as otherwise specifically provided by this local law, a site plan for such construction shall be submitted to and approved by the Planning Board. 5 ecovil.11, wp5 I ith/locallaw, October 18, 1994 7:13pm E. Density Limitations. There shall be no more than 30 dwelling units constructed within this Special Land Use District. Except as authorized below, no structure shall house more than two dwelling units. Upon receipt of a special approval for same from the Planning Board, dwellings may be constructed as part of a single building up to a maximum of dwellings per building, provided that such construction is consistent with the purposes for which this Special Land Use District is being created and is otherwise in accordance with the criteria governing special approvals set forth elsewhere in this Ordinance. F. Yard Regulations. The minimum distance between buildings shall be in compliance with the New York State Building Code, currently five feet. G. Hei hg t Regulations. In this Special Land Use District no building shall be erected, altered, or extended to exceed 40 feet in height from the lowest interior grade or 40 feet in height from the lowest exterior grade, whichever is lower. No structure other than a building shall be erected, altered, or extended to exceed 30 feet in height. Notwithstanding the foregoing, the Planning Board may grant special approval for construction of accessory towers in excess of 40 feet but in no event shall any structure exceed 60 feet in height. H. Lot Coverage. No structure or structures, including accessory buildings or structures and including parking area and other paved areas, shall be erected, constructed, altered or extended to cover, in the aggregate, more than 10 % of the land area within the Special Land Use District, L Parking. There shall be provided paved parking, or parking spaces surfaced in such other manner as may be approved by the Town Planning Board and the Town Engineer, at the rate of at least two parking spaces for each dwelling unit plus one parking space for each 300 square feet of enclosed building space in any community center. J. Building Permits and Site Plan Approval. Building permits shall be required for any construction. Such permits shall not be issued unless and until the exterior design, specifications, and plans for the buildings and all other improvements to be constructed in the Special Land Use District and construction of all outside facilities including lighting and signs shall have been shown on a final site plan approved by the Planning Board, and any construction thereafter shall be in accordance with said site plan as finally approved. In determining whether to approve the site plan, the Planning Board shall employ the same considerations it would employ in approving a site plan pursuant to Sections 46 and 78 of this Ordinance. K. Ingress and Egress to the Special Land Use District. No building permits shall be 6 ecovil.11, wp5lith /locallaw, October 18, 1994 7:13pm issued for construction of any structures within the Special Land Use District until the following actions have occurred to assure adequate ingress and egress to the property: 10 Good and marketable fee title to a strip of land at least 60 feet in width, adequate in the opinion of the Town Engineer for the construction of a road from Route 79 (Mecklenburg Road) to a point no further than 100 feet from any dwelling unit and community center proposed to be constructed as shown on the final site plan, is obtained by the developer or other owner or owners of the Special Land Use District, such title and ownership to be satisfactory to the Attorney for the Town to assure availability of vehicular and emergency vehicle access to the proposed dwellings. 2. Construction of a road is completed in accordance with the applicable Town of Ithaca highway specifications in effect at the time immediately prior to the issuance of the first of such building permits, except that if the Town of Ithaca highway specifications require paving of the road, paving may be omitted. 3. There is submitted to the Town Planning Board and approved by the Planning Board, upon the advice of the Attorney for the Town, copies of any cooperative proprietary leases, condominium or homeowners association documents, or other agreements among owners containing suitable provisions to assure maintenance of the road to a standard which will allow unimpeded passage of emergency vehicles at all times and all seasons. 4. The road length is determined by the Town Engineer to not exceed 2,800 feet. 5. A sign is posted at the intersection of the private road and Route 79 indicating that the road is not a Town road. L. Elimination of Cul -de -Sac. No later than six years from the date of the issuance of the first Certificate of Occupancy with respect to any building constructed in the Special Land Use District, the owner or owners of the Special Land Use District shall, at their cost and expense, eliminate any cul -de -sac of greater than 1500 feet by any of the following means: 1. Construct an internal loop road, 2. Construct a divided road consisting of the original primary road plus a parallel secondary road, built so that no dwelling is more than 1200 feet from a point providing two means of access to and from public roads (e.g. Mecklenburg Road and West Haven Road) existing at the effective date of this local law; or 7 ecovil.11, wp51ith /locallaw, October 18, 1994 7:13pm 3. Develop a secondary access road to a point that assures no dwelling is more than 1200 feet from a point providing two means of access to and from public roads existing at the effective date of this local law. Such roads and or secondary access shall be constructed and maintained to permit access by emergency vehicles at all times and all seasons. Any of such proposed actions shall be subject to the approval by the Town Planning Board and shall not be constructed until such time as a modified site plan, showing said loop road or alternative means of access, has been presented to and approved by the Planning Board. No building permits shall be issued for more than 30 dwelling units and one community center in the Special Land Use District until the conditions l., 2., and 3. above have been met, or have been waived by the Town of Ithaca Town Board. M. Dedication of Road to the Town of Ithaca. The road or roads may be offered for dedication to the Town provided that the road is constructed or reconstructed to Town specifications as in effect at the time of said proposed dedication except that, at the option of the Town, the Town may waive the requirement for paving provided that arrangements satisfactory to the Town, either by assessment, agreement, or otherwise, are provided such that if the Town paves the road, the cost of such paving shall be recouped within a reasonable period of time, satisfactory to the Town, from the owners or lessees of land in the Special Land Use District and any other users of the land. Said arrangements may, at the option of the Town, include letters of credit, bonds, deposits of funds, and /or personal guarantees of the owner and /or residents of the Special Land Use District, N. Maintenance of Open Space. All the open space shown on the site plan will be owned, maintained, and the use thereof controlled by a residents association or duly formed cooperative housing corporation, primarily for the enjoyment, passive and active recreation, and agricultural purposes of the residents of the Special Land Use District provided, however, that if any land is dedicated to the Town as part of any required park or open space recreation dedication, those areas owned by the Town will be owned, maintained, and the use thereof controlled by the Town. O. Construction Requirements. All construction for which a permit is required or granted shall comply with all applicable laws, codes, ordinances, rules and regulations. P. Area Rezoned. The area encompassed and rezoned in accordance with this local law to be Special Land Use District No. as described on Schedule A to this local law. The 8 t 1 ecovil.11, wp51ith /locallaw, October 18, 1994 7:13pm official zoning map of the Town of Ithaca is hereby amended by adding such district at the location described. Q. Ownership of Ingress and Egress Roads. The primary road providing access to the property running from Mecklenburg Road to the area within the Special Land Use District shall be owned in fee title by the cooperative, homeowners association, condominium association, or all of the owners of any individual lots contained within the Special Land Use District, as approved by the Planning Board upon the advice of the Attorney for the Town to assure continued access to and from public roads for the property in the Special Land Use District. This provision shall terminate at such time, if ever, as the road is conveyed to the Town or other public road access approved by the Planning Board is provided to the property within the District. R. Provision of Sewer Facilities. No certificates of occupancy will be issued, and no more than ten building permits for construction of any buildings within the Special Land Use District shall be issued, unless and until the following shall have occurred: L Sewer easements for the benefit of the Town for a public sewer line running from a presently existing public sewer to the location of the proposed dwelling units and community center as shown on the finally approved site plan are obtained in the form normally required by the Town of Ithaca from all landowners over which said sewer line must run and the same recorded in the Tompkins County Clerk's Office; and 2. A sewer line is constructed by the developer or other owner of land in the Special Land Use District, at such party's expense, in accordance with all applicable specifications and requirements (including the Town of Ithaca and Tompkins County specifications) to the satisfaction of the Tompkins County Health Department and the Town of Ithaca Town Engineer and the line is transferred and dedicated to the Town of Ithaca. R. Provision of Adequate Water Facilities. No certificates of occupancy shall be issued, nor shall more than ten building permits for dwellings and /or the community center be issued until the following actions are taken to assure a water supply for the proposed development: 1. A water line, built in accordance with Town of Ithaca specifications and to be privately owned and maintained by the owner(s) of the Special Land Use District, has been constructed by the developer at the developer's expense from West Haven Road to the vicinity within the Special Land Use District where the proposed dwelling units and community center are to be located; and N 0, ecovil.11, wp5lith /locallaw, October 18, 1994 7:13ptn 2. A pump station to be owned by the owner(s) of the Special Land Use District has been constructed by the developer at the developer's expense to provide pumping capacity adequate in the reasonable judgment of the Town Engineer and the Town Planning Board to provide sufficient flows of water at the dwelling sites for both domestic household use and fire protection purposes, said pump station to be owned and maintained by the owner(s) of the Special Land Use District; and 3. A meter and meter pit is installed by the developer at the developer's expense at the point on West Haven Road where said private line intersects the public main for purposes of metering consumption within the Special Land Use District in accordance with the Town of Ithaca, Bolton Point, and other municipal agency's requirements for water supply purposes. S. Modification of Site Plan. Any change in the site plan as finally approved by the Town Planning Board shall not be made until an application for a modification of site plan is provided to and approved by the Town Planning Board, Section 4. Reversion. Unless work has materially commenced in accordance with a final site plan within one year from the issuance of the building permit authorizing such work, or within thirty -six months of the date the Planning Board gave final site plan approval, or within four years of the effective date of this local law, whichever is earlier, any building permit shall lapse, the site plan approval (both final and preliminary, if any) shall expire, and the zoning change effected by this local law shall terminate and the zoning shall revert to that in effect prior to the adoption of this local law, unless in the interim there has been a general rezoning of the area surrounding the area being rezoned by this local law, in which event the zoning shall revert to the same zoning as then in effect along a majority of the perimeter of the land being rezoned as a Special Land Use District by this local law. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application for site plan approval or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above. For the purposes of this section, work will minimum, (i) a building permit, if required, h tools consistent with the size of the proposed site; and (iii) substantial excavation (where erection, or construction (where excavation diligently pursued. not have "materially commenced" unless, at a as been obtained; (ii) construction equipment and work have been brought to and been used on the excavation is required) or significant framing, is not required) has been started and is being 10 1 ecovil.11, wp5 I ith/locallaw, October 18, 1994 7:13pm Section 5. Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 6. Effective Date. This local law shall take effect 10 days after publication as required by law or upon filing with the Secretary of State of the State of New York, whichever is later. 11 ecovil.11, wp5 I ith/locallaw, October 18, 1994 7:13ptn SCHEDULE A Area to be Rezoned Special Land Use District 12 for EcoVillage w ecovil.11, wp5 I ith/locallaw, October 18, 1994 7:13ptn SCHEDULE A Area to be Rezoned Special Land Use District 12 for EcoVillage TO: Jonathan Kanter, Town Planner FROM: Claudia Weisburd/House Craft Builders/Resident's Group October 5, 1994 Re: ROAD PROPOSAL, ECO VILLAGE COHOUSING COOPERATIVE QUERY RE: PROCESS TO SITE PLAN REVIEW l7 #10 0 C T - 61 iLJi iG;7N O ITHA- GA -' Go Zc1!lo. cMiMMIr mt6in As you likely noticed, the road proposal we presented to the Planning Board last night was slightly different than that presented in the draft SLUD of August 30. As a result of discussions with staff and others, we had made certain modifications. Our proposal is as follows: 1. The primary road be constructed as per engineering requirements for emergency equipment. Based on soil samples from the site, Gary Wood, PE has recommended a sub base of NYS DOT Type 4 (12" gravel) with a base course of NYS DOT Type 2 (4" crusher run). (A copy of his report will be provided shortly). The driving width would be 20' wide, with a 60' ROW. 2. The secondary emergency access road would be constructed between West Haven Road and the east end of the housing before any certificates of occupancy were issued, to the following specifications: 10' width, 15' clearance height, 30' ROW, with base of bank run gravel where necessary, and surface as NYS DOT Type 2 (4" crusher run). 3. Both roads would be privately owned, plowed and maintained by the Cooperative to a standard to allow emergency vehicle access year round This road and secondary emergency access road would serve this neighborhood only. Any application for approval to build additional houses beyond the thirty would require the construction of the internal loop road as shown on the project's master plan, prior to the issuance of any further certificates of occupancy. If, after six years, the internal loop road has not been constructed, then, if required by the Town, the Cooperative will put an oil and stone surface on the emergency access road. If for some reason it is not possible to oil and stone the surface, and the Town requires additional access, the Cooperative will construct a secondary entry parallel to the primary road, for a distance of 1200'. The section of the SLUD draft that addresses the eventuality of dedication to the Town would remain the same, from our point of view. In terms of the language of the SLUD, perhaps we should avoid using the term `cul -de -sac' and specific distances, since the meaning seems to open to a great deal of interpretation. The substitute we would suggest for Section 6 would be- Access to the residential area will be via a new road to be constructed at the developers expense from NYS Route 79, to ....specifications..... A secondary emergency access road shall be constructed to ... specifications...prior to the issuance of any Certificate of Occupancy. f TO: Jonathan Kanter, Town Planner FROM: Claudia Weisburd/House Craft Builders/Resident's Group October 5, 1994 Re: ROAD PROPOSAL, ECO VILLAGE COHOUSING COOPERATIVE QUERY RE: PROCESS TO SITE PLAN REVIEW l7 #10 0 C T - 61 iLJi iG;7N O ITHA- GA -' Go Zc1!lo. cMiMMIr mt6in As you likely noticed, the road proposal we presented to the Planning Board last night was slightly different than that presented in the draft SLUD of August 30. As a result of discussions with staff and others, we had made certain modifications. Our proposal is as follows: 1. The primary road be constructed as per engineering requirements for emergency equipment. Based on soil samples from the site, Gary Wood, PE has recommended a sub base of NYS DOT Type 4 (12" gravel) with a base course of NYS DOT Type 2 (4" crusher run). (A copy of his report will be provided shortly). The driving width would be 20' wide, with a 60' ROW. 2. The secondary emergency access road would be constructed between West Haven Road and the east end of the housing before any certificates of occupancy were issued, to the following specifications: 10' width, 15' clearance height, 30' ROW, with base of bank run gravel where necessary, and surface as NYS DOT Type 2 (4" crusher run). 3. Both roads would be privately owned, plowed and maintained by the Cooperative to a standard to allow emergency vehicle access year round This road and secondary emergency access road would serve this neighborhood only. Any application for approval to build additional houses beyond the thirty would require the construction of the internal loop road as shown on the project's master plan, prior to the issuance of any further certificates of occupancy. If, after six years, the internal loop road has not been constructed, then, if required by the Town, the Cooperative will put an oil and stone surface on the emergency access road. If for some reason it is not possible to oil and stone the surface, and the Town requires additional access, the Cooperative will construct a secondary entry parallel to the primary road, for a distance of 1200'. The section of the SLUD draft that addresses the eventuality of dedication to the Town would remain the same, from our point of view. In terms of the language of the SLUD, perhaps we should avoid using the term `cul -de -sac' and specific distances, since the meaning seems to open to a great deal of interpretation. The substitute we would suggest for Section 6 would be- Access to the residential area will be via a new road to be constructed at the developers expense from NYS Route 79, to ....specifications..... A secondary emergency access road shall be constructed to ... specifications...prior to the issuance of any Certificate of Occupancy. ft No later than six years from the date of the issuance of the first Certificate of Occupancy, the owner(s) of the road shall, at their cost and expense (i) construct an internal loop road as shown on the master plan for the project, or (ii) at the request of the Town, put an oil and stone surface on the emergency access road, or (iii) at the request of the Town, if the secondary access cannot for some reason have an oil and stone surface, construct a secondary emergency access road parallel to the primary road, for a distance of 1200' The primary road and the secondary emergency access road will be privately owned and maintained. A sign will be posted at the intersection of the primary road and Route 79, stating that the road is a private road. Cooperative documents will state that the roads will be maintained to a standard to allow passage of emergency vehicles at all times. The Town shall not issue Certificates of Occupancy for more than 30 dwelling units (15 duplexes) on the parcel unless and until conditions (i), (ii), or (iii) above have been met, or have been waived by the Town Board. The road may be constructed at the expense of the owner(s) and offered for dedication to the Town provided that:..... (same draft content as originally suggested) We look forward to hearing from you on this as soon as possible. I'm sure we all would like to make some specific progress on this at the next meeting, and move into preliminary site plan approval no later than the first meeting in November. Can we go ahead with site plan review even if the SLUD language is not completely finalized? It seems that much discussion is possible with the Board within the parameters we already know, regardless of the final SLUR.