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HomeMy WebLinkAboutPB Minutes 1994-12-20♦ - TOWN OF ITHACA PLANNING BOARD DECEMBER 20, 1994 FIr -r� TOWN OF IT; �� ACA Date Clerk�l�� The Town of Ithaca Planning Board met in regular session on Tuesday, December 20, 1994, in Town Hall, 126 East Seneca Street, Ithaca, New York at 7:30 p.m. PRESENT: Chairperson Robert Kenerson, Gregory Bell, James Ainslie, Herbert Finch, 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: Mark Macera, Tom & Martha Bell, Anne Butler, Fran Ramin, Tom Niederkorn, Attorney Luciano L. Lama, Michael A. Robinson, David W. Corson, Douglas Firth, John Yntema, Susan Brock, Jeff Stimpson, Ethel Beck, Carl Guy, Noel Desch, Ronda Engman, Charles W. Brodhead, Savino Ferrara, Donald Lucente, Michael Twomey, Virginia Bryant, Deborah Martin. Chairperson Kenerson declared the meeting duly opened at 7:30 p.m. and accepted for the record the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on December 12, 1994 and December 14, 1994, respectively, upon the various neighbors of the properties under discussion, as appropriate, upon the Clerk of the Town of Ithaca, upon the Tompkins County Commissioner of Public works, upon the Tompkins County Commissioner of Planning, and upon the applicants and /or agents, as appropriate, on December 15, 19949 Chairperson Kenerson read the Fire Exit assembled, as required by the New York State Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. Regulations to those Department of State, There were no persons to be heard. Chairperson closed this segment of the meeting. AGENDA ITEM. APPROVAL OF MINUTES - December 6, 1994 MOTION by Herbert Finch, seconded by James Ainslie: Kenerson RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of December 6, 1994, be and hereby are approved as written. Board Member Gregory Bell asked if Attorney Barney had stated, "the purpose of the EIS was not to compare but to disclose and to mitigate. At the Findings stage, you are making a comparison of location." as shown on Page 18, Paragraph 7 of the December 6 minutes. Planning Board Minutes 2 December 20, 1994 Attorney Barney responded that he had indeed made the statement in question. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Finch, Ainslie, Smith. Nay - None. The MOTION was declared to be carried unanimously. AGENDA ITEM. CONSIDER RECOMMENDATION FOR CHAIR AND VICE -CHAIR OF THE TOWN OF ITHACA PLANNING.BOARD. Chairperson Kenerson declared the above -noted matter duly opened at 7':33 p.m. and read aloud from the Planning Board Agenda. MOTION by James Ainslie, seconded by Gregory Bell. That the Planning Board defer appointing a Chairperson and Vice -Chair for the Town of Ithaca Planning Board until the January 3, 1995 meeting due to the absence of three members of the Planning Board at this meeting. It was indicated that the Board, at their January 3, 1995 Meeting, would appoint Robert Kenerson as the Chair pro -tem to run that meeting. There being no further discussion, the Chair called for a vote. Aye - Bell, Ainslie, Finch, Smith. Nay - None. Abstain - Kenerson. There being a lack of a quorum vote, the MOTION was declared moot with no action. PUBIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR THE MODIFICATIONS TO THE INTERIOR SPACE OF BELL'S CONVENIENCE STORE, LOCATED AT 614 ELMIRA ROAD. CONSIDERATION OF SITE PLAN IS FOR CHANGES TO THE INTERIOR OF THE BUILDING FROM A CONVENIENCE STORE TO ADMINISTRATIVE OFFICES FOR ROSCOE WOODWORKING WHICH RENTS A 101,000 SQ. FT. COMMERCIAL SPACE ON AN ADJACENT PROPERTY. THIS REPRESENTS A CHANGE IN OCCUPANCY CLASSIFICATION FROM C2 TO C1 UNDER THE NYS UNIFORM FIRE PREVENTION AND BUILDING CODE, THUS REQUIRING THE APPLICATION OF THE PERTINENT BUILDING CODE STANDARDS TO THE NEW OCCUPANCY. CHANGES HAVE TAKEN PLACE WITHIN THE BUILDING, INCLUDING ELECTRICAL SYSTEM CHANGES AND CHANGES TO THE FLOOR PLAN WITHOUT A BUILDING PERMIT HAVING BEEN ISSUED., WHICH IS A REQUIREMENT PRIOR TO COMMENCEMENT OF WORK. ARTICLE VIII, Planning Board Minutes 3 December 20, 1994 SECTION 45 OF THE TOWN OF ITHACA ZONING ORDINANCE REQUIRES THAT A SITE PLAN APPROVAL BE OBTAINED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. NO EXTERIOR WORK IS PROPOSED AT THIS TIME. TOWN OF ITHACA TAX PARCEL NO. 33- 3 -2.4, LIGHT INDUSTRIAL DISTRICT, T & M CONVENIENCE OF ITHACA, INC., OWNER; THOMAS BELL, APPLICANT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 7:37 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Thomas Bell addressed the Board and stated that he had obtained a building permit prior to starting any work, so that statement was incorrect. Mr. Bell stated that they gave a copy of the permit to Jonathan Kanter. Town Planner, Jonathan Kanter stated that the Building Inspector, Andrew Frost, indicated that there were some issues that were left to be resolved with the occupancy. Mr. Bell stated that he had obtained a building permit for any work that was done and that there was no change.in the floor plan. Mr. Bell stated that all that was done was repairs to damage that was left by the last tenant. Planner II, JoAnn Cornish -Epps asked Mr. Bell if he had made improvements on the property. Mr. Bell stated that they had made improvements only from the damage. Mr. Bell stated that he and his wife were actively trying to sell the property as a commercial building due to hardship, they wanted to rent it temporarily until a time of sale. Chairperson Kenerson asked if the two buildings were located on two separate parcels. Mr. Bell responded, yes. 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. Chairperson Kenerson asked if the underground fuel tanks on the property would need to be removed. Town Attorney John Barney responded, no, but that New York State Department of Environmental Conservation regulations require periodical inspection. Planning Board Minutes L, ! December 20, 1994 Mr. Bell stated that use of the tanks would depend on the persons interest that rents the building. Mr. Bell stated that the tanks were not being used currently. Town Planner Jonathan Kanter asked what type of use Mr. Bell would like to see there. Mr. Bell responded that there could be many uses for that location, the access straight but location and that of the he did not way. know. Chairperson Kenerson asked if there were changes in parking spaces. Mr. Kanter stated that parking and circulation was a concern of staff when viewing the site. Mr. Kanter stated that the site plan showed 20 parking spaces, which are more spaces than needed for office use. Mr. Kanter stated that parking spaces numbered 1, 61 7, and 13 pose problems for egress and ingress at the site. Mr. Kanter stated that he wanted to see the circulation and access cleaned up for smoother flow of traffic. Board Member Stephen Smith asked about narrowing the entrance from Mancini Road so that it comes only from Mancini Road, not directly from Route 13. Town Engineer Daniel Walker addressed the Board and stated that the grade change at Mancini Road would make it difficult Mr. Walker stated that Route 13 would be better and Mancini Road. Chairperson Kenerson stated that the entrance from Mancini Road would need to be converted to a one -way entrance only. Mr. Smith stated that he wanted to bring the access straight into the location and restrict the size of the entrance way. Town Planner Jonathan Kanter stated that if the future use is not a gas station, signs would need to be removed, the canopy would need to be removed, and the old and outdated portions of the pump island would need to be cleaned up. Mr. Kanter stated that it could be conditioned in the approval tonight. Mr. Kanter stated that regarding landscaping, there needed to be more low shrubs on the frontage for visual screening. Mr. Walker stated that he would recommend waiting on any landscaping improvements on the front due to a State project that is about to occur there. Mr. Bell stated that the State would be using a portion of the site this year and that they have a temporary easement to park some of the larger equipment along Mancini Road. ► ' Planning Board Minutes Mr. Kanter stated that approval that at the time completed, then landscaping December 20, 1994 the Board could attach a condition of after Route 13 improvements were is a required improvement. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Gregory Bell, seconded by Herbert Finch. WHEREAS: 1. Consideration of Preliminary and Final Site Plan Approval for the modifications to the interior space of Bell's Convenience Store, 614 Elmira Road. Consideration of Site Plan is for changes to the interior of the building from a convenience store to administrative offices for Roscoe woodworking which rents a 10,000 sq. ft. commercial space on an adjacent property. This represents a change in occupancy from C2 to C1, thus requiring the application of the pertinent building code requirements to the new occupancy. Classification is in accordance with the NYS Uniform Fire Prevention and Building Code. Changes have taken place within the building, including electrical system changes and changes to the floor plan without a building permit having been issued, which is a requirement prior to commencement of work. Article VIII, Section 45 of the Town of Ithaca Zoning Ordinance requires that a Site Plan Approval be obtained prior to the issuance of a Building Permit. No exterior work is proposed at this time. Town of Ithaca Tax Parcel No. 33- 3 -2.4, Light Industrial District, T &M Convenience of Ithaca, Inc., Owner; Thomas Bell, Applicant. 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, at a Public Hearing held on December 20, 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, a site plan 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: i Planning Board Minutes rl December 20, 1994 That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Ainslie, Finch, Smith. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Herbert Finch, WHEREAS seconded by James Ainslie. 1. This is consideration of Preliminary and Final Site Plan Approval for the modifications to the interior space of Bell's Convenience Store, 614 Elmira Road. Consideration of Site Plan is for changes to the interior of the building from a convenience store to administrative offices for Roscoe Woodworking which rents a 10,000 sq* ft. commercial space on an adjacent property. This represents a change in occupancy from C2 to C1, thus requiring the application of the pertinent building code requirements to the new occupancy. Classification is in accordance with the NYS Uniform Fire Prevention and Building Code. Changes have taken place within the building, including electrical system changes and changes to the floor plan without a building permit having been issued, which is a requirement prior to commencement of work. Article VIII, Section 45 of the Town of Ithaca Zoning Ordinance requires that a Site Plan Approval be obtained prior to the issuance of a Building Permit. No exterior work is proposed at this time. Town of Ithaca Tax Parcel No. 33 -3- 2.4, Light Industrial District, T &M Convenience of Ithaca, Inc., Owner; Thomas Bell, Applicant. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on December 20, 1994, made a negative determination of environmental significance, and 3. The Planning Board, at a Public Hearing on December 20, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I and supplemental information prepared by the applicant, a Part II prepared by the Planning staff, a site plan and additional application materials. It Planning Board Minutes 7 December 20, 1994 NOW, THEREFORE, BE IT RESOLVED: 10 That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as 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 Town of Ithaca Preliminary and Final Site interior renovations of Bell upon the following. Planning Board hereby grants Plan Approval for the proposed 's Convenience Store, conditioned a. Prior to obtaining a building permit, the site plan should be revised to show a more distinct parking arrangement, restricting parking from space numbers 1, 61 7 and 13. b. Submission of a Final Site Plan, revised to include the conditions shown on the Preliminary and Final Site Plan Checklist attached, for approval by the Town Planner. c. Site Plan Approval shall be for a period of three years at which time it shall be reviewed in light of anticipated changes that may be made in Route 13 by the Department of Transportation, and modified, if required by this Board, to accommodate any altered traffic flow resulting from the State's work. There being no further discussion, the Chair called for a vote. Aye Kenerson, Bell, Ainslie, Finch, Smith. Nay - None. The MOTION was declared to be carried unanimously. PUBLIC HEARING. PUBLIC SCOPING HEARING TO DETERMINE THE SCOPE AND CONTENT OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED SITE PLAN FOR THE ITHACARE SENIOR LIVING COMMUNITY, TO CONSIST OF A 115,000 + /- SQUARE FOOT BUILDING WITH 60 ADULT CARE UNITS, 20 ASSISTED LIVING UNITS, AND 80 INDEPENDENT LIVING UNITS, LOCATED ON THE WEST SIDE OF DANBY ROAD (RT. 96B) APPROXIMATELY 2,000 FEET SOUTH OF THE ENTRANCE TO ITHACA COLLEGE, ON THAT 28 +/- ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO. 39- 1 -1.3, DESIGNATED AS SPECIAL LAND USE DISTRICT NO. 79 ITHACARE CENTER, APPLICANT, MARK MACERA, AGENT. N Planning Board Minutes 8 December 20, 1994 Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Chairperson Kenerson stated that this is a part of a series of things that the Town is going through to enable Ithacare to complete an Environmental Impact Statement (EIS), and this is a step to determine scope and content of the EIS. Chairperson Kenerson stated that after the EIS is completed by Ithacare there will be findings drafted and approved, and finally, the mitigation stage will be the action based on the Environmental Review of the project. Chairperson Kenerson advised the members of the public that copies of Draft 3.0 of the Scoping Outline for the Ithacare project were on the table at the front of the board room for anyone interested in following along. (Draft 3.0 of the Scoping Outline for the Proposed Ithacare project is attached hereto as Exhibit #1) Town Planner Jonathan Kanter addressed the Board and stated that Version 3.0 of the Scoping Outline was based on comments received by the Planning Board and the applicant. Mr. Kanter stated that the purpose of the public hearing tonight would be to get any additional ideas of what the Environmental Impact Statement (EIS) should cover. The Positive Declaration of Environmental Significance was adopted by the Planning Board on December 6, 1994 and there is a 30 day time -frame for completing the scoping process, so by January 5, 1995 the Board should be making its final determination of what should be included in EIS. At that point, once the directive is given to Ithacare to go ahead with the EIS, the time -frame is open for as long as it takes the applicant to complete the EIS. Mr. Kanter stated that Ithacare could come before the Board at any time and submit the EIS and ask it to be accepted for distribution to the public. After that happens a public hearing would be set to accept public comments on the EIS. Mr. Kanter stated that tonight's purpose was to obtain input from the public on the outline that has been prepared and get final ideas on how this process should proceed. Chairperson Kenerson noted that this is a Public Hearing and asked if anyone from the public wished to speak. Michael Robinson of 248 Floral Avenue, addressed the Board and stated that he had composed a short letter and gave it to the secretary to be entered into the record. (Mr. Robinson's letter is attached hereto as Exhibit #2) Mr. Robinson stated that he had trepidations about the proposal and wanted to know what alternatives are feasible, and that he wanted to see the details that explain why alternatives are not feasible. Mr. Robinson stated that the New York State Department of Transportation scenic overlook would be very deleteriously effected. Planning Board Minutes 4 December 20, 1994 Luciano Lama, Attorney for Donald Lucente, addressed the Board and stated that Mr. Lucente owns property on the old Spencer Road and the Elmira Road, and that he would like to have the property included in the Scoping outline on Page 4, Item IV, Letter B, Sub Item 1, letters c & d. Mr. Lama stated that the waters flow through Mr. Lucente Is properties to get to Meadow Street and Cayuga Street. Town Attorney John Barney stated that he would assume it would be included in the Scoping outline if it is an area in the city that would be effected by the project. John Yntema of 993 Danby Road, addressed the Board and stated that he had prepared an outline of his comments in writing, and that they were specifically related to the scoping outline item by item. Mr. Yntema then gave copies of his comments to the Board to be entered into the record. (Mr. Yntema's comments are attached hereto as Exhibit #3) Michael Twomey, President of Historic Ithaca, addressed the Board and showed the Board two paintings of the views of Cayuga Lake from South Hill. Mr. Twomey stated that he felt that the view from the Route 96B overlook was one of the greatest views he has seen in the Ithacare area. Mr. Twomey then summarized his concerns to the Planning Board. (Mr. Twomey's comments are attached hereto as Exhibit #4) Ronda Engman of South Danby Road, addressed the Board and stated that she wanted to thank the Town of Ithaca for deciding to do an EIS. Ms. Engman stated that Mr. Kanter's outline was well done. Ms. Engman stated that she had several recommendations. 1) That on Page 2, Letter C, Item 1, letter b, trails be included in the amount of land to be cleared. 2) That on Page 4, Letter B, letter a, wants to see a projection of how applications of herbicides and other chemical treatments would flow and how they might effect runoff and the wetlands. 3) That on Page 5, Letter C, Number 2, letter a, wants a study of the reptiles and amphibians on the site, in addition to a study of the deer crossing patterns on 96B to be studied. Ms. Engman recommended Mr. Kelling of Caroline, New York to do that study. 4) That on Page 5, Letter C, Number 1, Vegetation, a survey of the vegetation be done in late spring, early summer (Mid to end of June) because there are a number of plants that come up in early spring that die off by the heat of the summer. 5) That on Page 6, under Transportation, a counter be put up at the overlook to get an accurate traffic count of those using the overlook. Ms. Engman requested that the Town survey the people who use the overlook to see if there is a great number of tourists that may be bringing revenue into the area, N Planning Board Minutes 10 December 20, 1994 which would give the overlook some economic value as well as the scenic values. the Board and stated that he felt that there needed to Ms. Engman stated that completing an EIS was a big job but that it would be worth it because it would answer a lot of questions and would tell people how this proposed building would effect the site as a brief synopsis of his environmentally and how it will effect the plants and animals that planning Board, the residents, and Ithacare can all move ahead because this is an important project live on the site. that will benefit and need these services. we need to have that as Douglas Firth of 989 Danby Road, addressed the Board and stated that he felt that there needed to be a clear definition of steep slope. Mr. Firth distributed written comments for the Board to review as he summarized them for the members of the public and as a brief synopsis of his thoughts for the Board. (Mr. Firth's comments are attached hereto as Exhibit #5 ,lay Mattison of 985 Danby Road, addressed the Board and read from a statement he had prepared for the Planning Board. Mr. Mattison concluded by stating that the people needed to have the information so that logic and common sense could prevail. Mr. Mattison stated, "I think that we're spending a fair amount of time with the legal system, and making the lawyers the best possible world of generating them the income and it's too bad that we're in that situation. So I hope that we get the information so that the planning Board, the residents, and Ithacare can all move ahead because this is an important project and there are people that will benefit and need these services. we need to have that as a goal of everyone working together. Thank you." (Mr. Mattison's comments are attached hereto as Exhibit #6) Deborah Martin of 983 Danby Road, addressed the Board and stated that she had prepared a statement in favor of the Ithacare Project to be entered into the record. (Ms. Martin's comments are attached hereto as Exhibit #7) Anne Butler a volunteer at Ithacare, presented the Board with written comments prior to the opening of the Public Hearing. (Ms. Butler's comments are attached hereto as Exhibit #8) Chairperson Kenerson noted that this was a Public Hearing and asked if anyone else wished to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Herbert Finch asked if computer generated images of projected sites was reasonable to ask for. Noel Desch, Ithacare Board President, stated that requests for photographic or computer generated overlays of alternative siting and building configurations could require as many as 30 to 35 images. Mr. Desch stated that Ithacare received one estimate that producing a single set of images of the current site and building configuration from the five locations identified in Appendix Item Planning Board Minutes 11 December 20, 1994 XI.F would cost approximately $13,000. The cost for expanded imaging would be prohibitive. Ithacare hopes that the Planning Board will be flexible and permit Ithacare to present photographic evidence to identify the effect of the proposed project on scenic views. Chairperson Kenerson indicated that the Appendices, in Draft 3.0 of the Scoping Outline for this project, state, "The following are materials that may be added by the applicant in support of the DEIS ". Mr. Kenerson stated that he thought that meant that the applicant had a choice of what to include or not to include. Mr. Kenerson stated that the Board would act accordingly to what will be provided in the EIS. Mr. Kenerson stated that it is up to the applicant to chose what to present to the Planning Board for review. Mr. Desch stated understood what the Bo Mr. Desch asked what drawings in Letter G of of detail the Planning drawing. that Ithacare wanted and would consider a specifically was me the Appendices. Mr. Board was looking for to be sure that they complete application. !ant by Cross - section Desch asked what level in each cross - section Board Member Gregory Bell stated that he thought that $13,000 was more than the Board was expecting. Mr. Bell stated that the Board did not specify "computer generated ", the Board also said "photographic" which may be considerably cheaper. Mr. Desch stated that the quotations were based on Ithacare's interpretation of Page 12, Section XI Appendices, Letter G. Mr. Desch stated that the judgement should be left to Ithacare as to where the photos are taken from. Chairperson Kenerson stated that the Board needs to address the areas of concern and determine whether or not there is an impact that is detrimental to the community. Mr. Desch stated that it was Ithacare's job to give the Board an accurate representation of what the obstruction would be. Mr. Bell stated that since he was the one who suggested the list of the four or five locations, he did not see the list as an optional question and unless Ithacare comes in with photo images from those locations or some similar locations, the fundamental visual task at hand would not be accomplished. Mr. Bell stated that he thought that the photo composites will provide the Board with a definite answer to the questions people are debating and without them the question will continue to be open until the building is built. Planning Board Minutes 12 December 20, 1994 Board Member Stephen Smith asked if the Board should give Ithacare the guidance of identifying the view angles that the Board is concerned with. Mr. Bell stated that he thought that the Board should vote on whether to require photos from the four or five locations listed or whether the locations are an option for the applicant. Mr. Bell stated that he felt that this was a critical issue. Town Attorney John Barney asked how the applicant would photograph the north end of the overlook extension. Mr. Bell stated that it might be hard because the land is not there yet. Mr. Bell stated that maybe the photo could be done from the shoulder of the road, but that he was not sure. Assistant Town Planner George Frantz stated that the extension as proposed is actually higher than the shoulder of the road, and that an accurate photo could not be done from the shoulder of the road. Attorney Barney stated that Page 12, Section XI, Letter F, Number 3, should be changed to read the "Approximate north end of the proposed scenic overlook extension, to soften the requirement since the issue is view. Mr. Desch stated that the quotation was for one alternative, and if the Board asks for five or six other alternatives, this would be a tremendous cost to Ithacare. Mr. Bell stated that once the initial imaging is completed for each location, it does not need to be redone, just place different overlays on them. Mark Macera, Executive Director of Ithacare, stated that he felt that the principal issue was to demonstrate, graphically, the impact of the current building configuration and location on views. He went on to state that to consider alternative building designs and locations just for the sake of making pictures would require Ithacare to go back to the drawing board and return to the development design phase. This would cost thousands of dollars and leave many questions related to geo- technical issues and programmatic goals and objectives unanswered for some time to come. Mr. Desch stated that if the Board is talking about sliding the bulk of the same building slightly one way or the other, visual imaging could be done. Mr. Desch stated that the Board was talking about remodeling the building if they were talking about moving it significantly down the hill or building a tower building. Planning Board Minutes 13 December 20, 1994 Mr. Bell stated that he felt that moving the building slightly is not what he considers an alternate building analysis. Mr. Bell stated that he thought that SEQR intends that there be alternatives. Mr. Bell stated that if Ithacare came to the Board and stated that this proposal was the only profile of the building possibly because Ithacare has already invested so much money to hire architects and this would be the only possible building this would not be considered complete. Mr. Desch asked if to the same extent that Mr. Bell stated, n< alternative profiles of Town Board did not have was set in place. the alternate the proposed s Mr. Bell stz the building. access to this locations needed to be done ite plan was. tted that there needed to be Mr. Bell stated that the information when the zoning Mr. Desch stated that Ithacare's records show that they did. Attorney John Barney stated that the Planning Board could modify Letter G in the Appendices to read, "To the extent economically feasible, cross - section drawings demonstrating the effect of the proposed and alternative configurations of the building(s) on the view from the same locations identified in X(F) above." Attorney Barney stated that he felt that the problem would be to design a building for a particular program with particular parameters which dictates what the external part of the building would look like. Attorney Barney stated that it sounded like the Board was requesting that Ithacare rethink the parameters to come up with a different building shape or design, which would be very costly. Attorney Barney stated that the Board is supposed to look at whatever reasonable alternatives there might be. Assistant Town Planner George Frantz stated that he thought that some of the design alternatives that the Board was discussing would cause programmatic obstacles for Ithacare which would not make them feasible. Mr. Frantz stated that a question for the Board is could those types of alternatives, that run into major programmatic problems from Ithacare Is standpoint, be dispensed with in narrative form, without the expense of doing a floor plan of a single story building or of a four story towering building. Board Member Stephen Smith stated that he was not sure that a narrative description would be enough. Attorney Barney stated that there is no point in designing a building that can not be done. Attorney Barney stated that he thought that could be handled with a narrative description. Mr. Frantz stated that the narrative would need to be very detailed as to why it is not feasible. Planning Board Minutes 14 December 20, 1994 Town Planner Jonathan Kanter stated that what he saw as reasonable alternatives to look at from the visual analysis perspective would be possibly two alternate locations with the same basic building configuration footprint; 1) Shift the building southward on the site toward the wetland; knowing that the wetland has been an issue but to see what the effect would be there with regard to the view, and 2 ) Shift the building westward down the slope more; which had other kinds of programmatic and design constraints. Mr. Kanter stated that he did not feel it was unrealistic to look at the building from those locations and see what the view impact change would be. Mr. Kanter stated that his feelings were that detailed visual studies of a tower and a step down version of the building would be unreasonable to ask of the applicant, but the programmatic and descriptive analysis on Page 10, Section VIII, Alternatives, would be the way to handle those. Mr. Kanter stated that realistically and reasonably the Board could ask for three sets of drawings and visual analysis of the two alternative locations discussed earlier in addition to the existing building. Board Member Herbert Finch stated that he felt that it would be appropriate to determine whether or not the incursion of the building on a man -made wetland created by an old gravel pit was less significant than the view. Mr. Kanter stated that the more information there is about the wetland and the slopes the better judgement the Board will be able to make on ultimately. comparing the view impacts with the other site impacts, which is why those two items were combined in the Scoping Outline. Board Member Stephen Smith asked if the Board was referring to alternative siting of the existing configuration when discussing alternatives. Mr. Smith stated that if that were true, the Board should change F to make sure that it does not read that the Board wants proposed and alternative configurations, but rather proposed and alternative locations. Board Member Gregory Bell stated that he did not think that was true. Mr. Bell stated that SEQR was very clear on this point. Mr. Smith stated that the Board was saying that in a narrative they could dispense with alternative configurations. Mr. Desch stated that Ithacare could provide narrative explanations. Mr. Bell stated that they needed to be addressed one way or the other as a bare minimum. Mr. Bell stated just to meet the legal requirement, he would like to see it graphically in addition to narratively because he thought that was the issue. Planning Board Minutes 15 December 20, 1994 Town Attorney John Barney stated, responding to Mr. Bell's statement, not if it is not a feasible building. Attorney Barney asked Mr. Bell what cost did the Board want to impose on the developer. Mr. Bell responded that the problem was the sequence of the history of this whole application. Mr. Bell stated that he did not think that the Board should be looking entirely at the cost issue, although it should be considered. Mr. Bell stated that if this had been done in the proper sequence they would not have invested the money they have already invested. Chairperson Kenerson stated that Ithacare thought that everything was done in the proper sequence. Attorney Barney stated that an applicant would have to invest a significant amount of money to get to the point of coming up with any kind of design, they must have some idea of what they need programmatically, where the people are going to be, what their needs are in terms of food service, program service, medical service, and it takes time and money to get to that point. The question is how far do you want Ithacare to go back to rethink their whole program. Chairperson Kenerson asked the Board what needed to be changed in the Scoping Outline. Town Planner Jonathan Kanter stated that he thought the Board needed to clarify some of the things being talked about because they are important issues and they will be keys in terms of the acceptance of the Environmental Impact Statement (EIS) when that point comes. Mr. Kanter stated that if the Board was not clear on key points now, when the EIS is submitted, there will be the same discussions. Board Member James Ainslie asked Chairperson Kenerson if the Board was going to try to incorporate the suggestions given them from the public. Chairperson Kenerson responded that if the Board feels they are warranted, yes. Town Attorney John Barney stated that he thought that the Board should review the comments and that he thought that the Board should keep in mind the context in which the scoping is being done. Attorney Barney stated that the whole purpose of the scope was to focus the Environmental Impact Statement on those environmental impacts that we have some concern about, not every environmental impact that is possible to list. The context the Board is operating under includes two things: 1) The Long Environmental Assessment Form, which identified only one possibly major impact, and that was the view, and 2) The Court decision where the judge Planning Board Minutes 16 December 20, 1994 basically said that what he was interested in was, what impact does this have on the view. Assistant Town Planner George Frantz stated that the Board has already acknowledged the fact that the overlook is a local scenic asset, regardless of how many people use it. Board Member Gregory Bell stated that he did not know that the Board had acknowledged it. The Board was forced by a court decision to acknowledge it. Mr. Frantz and Chairperson Kenerson stated that they disagreed with Mr. Bell's statement. Board Member Herbert Finch stated that the Board is not forced by the court decision to acknowledge it, and there was a proposal to change the shape of the building based on the original findings. Mr. Frantz stated that the Town Board expressed concern about the impact on the overlook back in November 1993. Attorney Barney stated that as a result of that concern, the Town Board set a ceiling on the height of the building. The Board discussed the best way to proceed with the revisions to the Scoping Outline, and it was determined that the best way to address all of the issues was to go through the document page by page. Chairperson Kenerson asked if the Board members felt that there needed to be any changes to Page 1. Town Attorney Barney stated that Mr. Yntema suggested that flora and fauna and transportation and safety be added in 2B of the summary. Attorney Barney stated that he was not sure that the Board would want these items to be added in the summary because it is dealing with the principle issue which is the view. Board Member Stephen Smith stated that he was not sure that flora and fauna is an issue of controversy. Assistant Town Planner George Frantz stated that they were issues that were addressed in the Long Environmental Assessment Form (LEAF) and discussed extensively by the Planning Board, and the Planning Board made the determination that there was no significant adverse impact. Mr. Smith stated that the same determination was made regarding transportation. Mr. Smith proposed to leave Item 2B on Page 1 as is. The Board concurred with Mr. Smith's statement. Planning Board Minutes 17 December 20, 1994 Attorney Barney stated that Mr. Yntema asked that on Page 2, III.B.2 and 3, the site be defined clearly as a parcel of 28.01 acres. Attorney Barney stated that he was not sure that the description was really necessary at this juncture. Board Member Herbert Finch stated that he had no problem with stating that we are referring to a 28 acre site or parcel if that makes it clear to the public. The Board decided Yntema to put 1128 acre parcel" in place of the word "site" on Page 2, Item III.B.2 and 3. Attorney Barney stated that Mr. Yntema suggested that the Board add a number 4 Sewage /Wastewater to Page 2, Item III.C. down Board Member Herbert Finch stated that he had been confused by the sewer issue because the Town is in participation with the City of Ithaca on sewer and the City has basically agreed to support the sewer that the Town has. Mr. Finch stated that he does not understand the significance of the sewer issue for the Planning Board's consideration for this site. Board Member Stephen Smith stated that one of the reasons the sewer issue needed to be addressed here is because, where they tap into the sewer line makes a difference as to the building elevation and moving the building down the slope would change the sewer hook- up and alignment and resultant project costs. Board Member James Ainslie stated that Mr. Finch was talking about the amount of sewage going down to Cayuga Street. Assistant Town Planner George Frantz stated that it is a good idea to show the location of existing facilities because the location of the existing sewer line is a development constraint. Chairperson Kenerson asked if the Board wanted to add a number 4 under Item C. Attorney Barney asked if the Board wanted a description of where the sewage goes under the description of the site. Board Member Stephen Smith stated that he thought it was important to have a description of where the sewer lines were and where the potential connection points are. Mr. Smith stated that only because it was a constraint in moving the building up and down. Mr. Desch stated that a description of the sewer lines was a reasonable request. Attorney Barney stated that Ms. Engman suggested that on Page 2, Item C.l.b. should include trails. Planning Board Minutes 18 December 20, 1994 The Board concurred to add trails to Item C.1.b on Page 2 as suggested by Ms. Engman. Assistant Town Planner George Frantz stated, for the record, that regarding the issue of impact on the City's sewer system, in the LEAF there is a question that specifically addresses this potential impact. Mr. Frantz pointed out that the Planning Board, on June 21, 1994 made the determination that there would be no adverse impact on the City sewer system. Mr. Smith stated that he was not concerned with capacity, but was concerned with location. The Board concurred to add location of sewer lines and connection points on Page 2, Item C.4. Chairperson Kenerson asked the Board if there were any changes to Page 3. There were no changes to Page 3. Chairperson Kenerson asked if the Board members had any changes to Page 4. Assistant Town Planner George Frantz stated that on Page 4, Item 3. Topography, he had no problem using the standard traditional Town definition of a steep slope - slopes greater than 15 percent - as described in the Town's Comprehensive Plan. Board Member Herbert Finch stated that with the basic topography, it seemed to him that such a definition would be appropriate. Mr. Smith stated that they wanted to make sure that there is some sort of a slope map prepared for easy visual reference. Board Member Gregory Bell stated that he thought that the Board should require that there be a slope map to make sure it is done. Mr. Desch stated that the Town has a map that shows the degree of the slopes "description and maps of of the property. Mr. Frantz stated that the Town has a map that shows the areas of slope in excess of 15 percent for the Ithacare site. Mr. Frantz stated that Ithacare also has a much more detailed survey with topography which is more accurate than the Town's map. Mr. Finch stated that it would be fine to add that in. The Board concurred to change Item 3.a. on Page 4 to read "description and maps of topography at project site ". Planning Board Minutes M December 20, 1994 Attorney Barney stated, that there were questions regarding the effects of fertilizers and pesticides on ground water. Attorney Barney stated that he thought that issue was beyond the scope of what the Board is dealing with. Mr. Frantz stated that Ithacare could note the fact that the site plan as designed was diverting stormwater runoff away from the wetland. Mr. Frantz stated that early on the Board was discussing directing the stormwater runoff into the wetland pond and then professor Konfer pointed out to the Board that would not be a good idea because of the fluctuations in the water level of the pond which would occur could be damaging to the wild fowl using the pond. Mr. Frantz stated that Ithacare went back to the drawing board and came back with a site plan that had the stormwater being diverted away from the pond. Town Planner Jonathan Kanter stated that Mr. Yntema suggested that on Page 4.B.l.a. Surface water, the word "quantity" be added to the examples currently listed. The Board concurred with the suggestion. Town Attorney John Barney stated that Mr. Lucente wanted his property to be listed on Page 4, Item B.1.d. Attorney Barney stated that he was not sure that was necessary. Town Engineer Daniel Walker stated that it would not include his property specifically but would include a description of that area in the City of Ithaca. Mr. Walker stated that the Board may find that his particular properties are not down hill from this project. Attorney Barney stated that Mr. Yntema suggested that on Page 4, Item B, that the Board add sub item 2.Subsurface water. Attorney Barney stated that Mr. Yntema made several comments on that on Page 1 of his letter submitted earlier. Chairperson Kenerson stated that subsurface water did not have anything to do with the view. Town Planner Jonathan Kanter stated that subsurface was a category that the Board had previously decided was alright to leave out. Assistant Town Planner George Frantz stated that the Planning Board in the LEAF decided that there would be no effect on surface or ground water, quality or quantity. Mr. Walker stated that in evaluating the environmental significance of something like that, about 8 years ago the Town installed a water main on Stone Quarry Road because the residents didn't have adequate ground water. Mr. Walker stated that they now have public water supply. Mr. Walker stated that the geography in Planning Board Minutes 20 December 20, 1994 that area has a lot of shallow bedrock in the area. Mr. Walker stated that he did not feel that this project would be impacting on groundwater in the area. The Board concurred to leave subsurface water out of the Scoping Outline. Chairperson Kenerson asked if there were any comments or changes to page 5. Mr. Kanter stated that Ms. Engman asked that the Board include studies of vegetation in late spring, early summer. Mr. Kanter stated that under Fish and Wildlife, Ms. Engman also asked the Board to study specifically the amphibians and reptiles on the site; in addition to the deer crossing patterns. Mr. Frantz stated that there were a number of discussions, both at the Town Board and the Planning Board, that were provided by Mr. Confer and Mr. Wesley regarding wildlife on the site, and no one came up with any evidence that there were any threatened or endangered species on the site. Board Member Herbert Finch stated that the Board should be concerned with whether or not there are any threatened or endangered species on the site, and earlier studies showed that there were none. Mr. Finch stated that there is nothing that requires the Board to inventory every possible species. Assistant Town Planner George Frantz stated that certain types of development proposals can adversely impact even non - endangered species and should be studied, but in this case the determination was that this project was not going to have any significant adverse impact on any animal species on the site. Town Attorney John Barney stated that Mr. Yntema made several suggestions regarding fish and wildlife on Page 2 of his comments. Board Member Stephen Smith stated that to require someone to do a year round study on birds, mammals, and reptiles would not effect the view of the property. Mr. Frantz read from the LEAF as follows: "Will proposed action effect any threatened or endangered plant and animal species ?" Mr Frantz stated that the Planning Board determined, no. Mr. Frantz read, "Will proposed action substantially effect non - threatened or non - endangered species?" Mr. Frantz stated that once again, the Planning Board made the determination that the answer was, no. Planning Board Minutes 21 December 20, 1994 The Board discussed those comments regarding plants and wildlife made by Ms. Engman and Mr. Yntema and determined that there would be no changes to the Scoping Outline from those comments. Chairperson Kenerson asked if there were any comments or changes on Page 6. Chairperson Kenerson stated that he thought that the suggestion of the survey track at of who uses the overlook was interesting but he did not know how it could be done and have it mean anything or change anything in a timely way. Board Member Gregory Bell stated that he did not think it needed to be stretched over 12 months, it could be done on a Sunday. Chairperson Kenerson stated that it was a matter of opinion as to what the value of the overlook is. Chairperson Kenerson stated that it would not make much sense to do a survey for 30 days in January or February. Board Member Stephen Smith stated that this was obviously the low season for people using the overlook. Mr. Frantz stated that the overlook is not maintained in the winter so at this point last year, the overlook was not used by anyone. Mr. Macera stated that beginning with the heavy snowfalls in December of 1993 until April of 1994, there was not one single tire track at the overlook and it was never plowed. Town Planner Jonathan Kanter asked Mr. Macera if New York State Department of Transportation (NYS DOT) was asked for any survey information regarding the maintenance and use of the overlook. Mr. Macera responded that NYS DOT was asked and that they did not have any information on that. Mr. Macera stated that they asked DOT about their procedures regarding snow removal and it was a new question to them. Board Member Stephen Smith stated that it would be interesting to know if the Chamber of Commerce had the overlook listed on any of their brochures or maps that they put out for the public. Mr. Kanter stated that he would add to the scope that the applicant provide any existing survey information of the overlook area, but not go as far as requiring new surveys to be done. Planning Board Minutes 22 December 20, 1994 Town Attorney John Barney stated that he would put Mr. Kanter's suggestion on Page 7, under E. Cultural Resources, as an addition to sub item b. The Board concurred with what Mr. Kanter and Mr. Barney suggested. Board Member Gregory Bell stated that with regard to Item 2.c. on Page 6, the site is very remote from downtown for people to walk to and that he feels that there should be some sort of description of whether someone could walk down Route 96b to town and the availability of sidewalks. Mr. Frantz asked if it would be just to list the distance to downtown from the site. Mr. Bell stated that he wanted to know the distance and whether there were sidewalks. Town Engineer Daniel Walker would not be encouraged because c would have a system of vans to move College and that Gadabout services of Ithacare, which was included in Planning Board. stated that pedestrian traffic >f Route 96b and that Ithacare people back and forth to Ithaca would be used by the residents the evaluation by Staff and the Mr. Bell stated that the Scoping Outline was supposed to be the comprehensive statement not referencing previous documents. Town Attorney John Barney stated that the scoping outline was to keep the Planning Board members focused on what the major impacts would be. Attorney Barney stated that he was not sure what walking up and down the road had to do with the views. Mr. Bell stated that it had to do with alternatives, and the law requires that you look at alternative sites, not only reconfigurations within this site. Mr. Bell stated that if this site is inaccessible to pedestrians or senior citizens, then he thought that the Board should hear why Ithacare would be put on that site, instead of putting it closer to town. Mr. Desch stated that Ithacare's program statement addressed the issue of providing transportation for its residents. This matter is neither unique to Ithacare's proposed project nor is it a topic of "significant environmental impact" that requires it to be addressed as part of the EIS. Mr. Bell stated that Ithacare is required to look at what the Board says they are required to look at. Mr. Desch responded, "not really, the judge's decision addresses what the significant impacts are." Planning Board Minutes Mr. Bell responded, override SEQR. It requires 23 December 20, 1994 "but, the judge's decision does not also constrained by the and there are limits on what the Board can Board in terms of what it must have. Attorney to follow Board needs to keep the scope reasonably SEQR." the issues are that have Town Attorney John Barney stated that the Planning Board is also constrained by SEQR and there are limits on what the Board can impose on the applicant in terms of what it must have. Attorney Barney stated that the Board needs to keep the scope reasonably related to what the issues are that have been raised as environmental issues and the issue that has been raised is view. Mr. Bell stated that one of the ways you can mitigate the view impact this is is by putting proposal. Mr. Bell stated that one would have to get the go walk whole in the city park. project some place else. Attorney Barney stated that the Board could deal with that in the section on alternatives but to get to the refinement of saying because we have sidewalks here and we don't have sidewalks there, as a basis of making an alternative decision - I think it's a level of detail that would not be fair. Mr. Bell stated that he did not think so. Attorney Barney stated to Mr. Bell, that he could make that argument on anything. You could say because the sewer line doesn't go up there or because the sewer line goes there or because there is a less traveled road. There are a tremendous amount of things, but Mr. Bell is suggesting making an environmental impact study of every potential alternative site. Mr. Bell stated that the SEQR does suggest that. Attorney Barney responded, no -- that it does not, absolutely not Attorney Barney stated that it suggests alternatives, but generally, they do not require you to go out and do, in affect, EIS on every alternative site. Mr. Bell stated not in the same detail, but it does require that you at least examine why this site is better. Attorney Barney responded, in general. Attorney Barney stated that it is really a question of whether you had to deal with alternatives on this site when you have a private project as opposed to a public project. Mr. Bell stated that it is not his understanding of SEQR that they can really ignore alternative sites. Mr. Bell stated that this is such a car - oriented society and this is a car - oriented proposal. Mr. Bell stated that one would have to get onto a van to go walk in the city park. Planning Board Minutes Attorney Barney stated changed by whether it is a project, and that was the is Board needed to deal with t h 24 that the view car - oriented or sue. Attorney e issue of the December 20, 1994 was not going to be a pedestrian- oriented Barney stated that the view. Town Engineer Daniel Walker stated that in the original project presentation, the reasoning for selecting this site was addressed by the project sponsor. Mr. Walker stated that the information was utilized in the original EAF and it was not considered to be a significant issue. Mr. Walker stated that he believed that in the project description, that would be included in the general overview of why they selected this site. Mr. Walker stated that someone gave Ithacare a site that is close to a program that Ithaca College is developing, there are a lot of pluses on this location and that is why, in Mr. Walker's opinion, the Town Board said this was a good idea. Attorney Barney stated to Mr. Bell that Section 617.14f of the SEQR regulations states, "for private applicants any alternative for which no discretionary approvals are needed may be described. Site alternatives may be limited to parcels owned by or under option to a private applicant." Attorney Barney stated that was all that the Board could really request of Ithacare. Attorney Barney stated that when discussing alternatives, the Board needs to focus on alternatives having to deal with this particular site. Mark Macera stated that Ithacare had provided the Town with information regarding its consideration of other sites, and that the information was part of the record. Mr. Macera stated that this information would be included in the EIS. Mr. Macera pointed out that the programmatic and inter_ generational relationship Ithacare is establishing with Ithaca College eliminates the possibility of further considering any of the other sites. Town Planner Jonathan Kanter stated that on Page 10, under Alternatives, Item B, it states, "This evaluation should be approached on a general level, not a site specific evaluation of other sites." Mr. Kanter stated that Ithacare had provided some information on other sites that had been part of the process in selection. Mr. suggesting are Kanter stated that based on alternative some of the things Mr. Bell is site specifics not in a general manner, and would be inappropriate to add to the Scoping Outline. Attorney Barney stated that Mr. Yntema suggested that on Page 7, under Item 1, that a new g. be added educational facilities. Attorney Barney thought it was a good suggestion. The Board concurred to add a new Item 1.g on Page 7. Planning Board Minutes 25 December 20, 1994 Mr. Kanter stated that referring back to Page 6 there was a request that they make reference to the fact that there are residences in the vicinity of the project site, and suggested adding "residences" in the list of examples under Item B.1.a. The Board decided to add single family residences in the vicinity. Attorney Susan Brock addressed the Board and commented on the fact that a variety of issues were being raised that have no relation to the impact on views. Ms. Brock stated that if the Board felt that any of these issues represented "significant environmental impacts" it would be appropriate to include them in the scoping outline and Ithacare would respond to them. Assistant Town Planner George Frantz stated that the intent is to document, for the record, what the Planning Board has already determined, that there are no significant Terrestrial and Aquatic resources on the site. Mr. Macera echoed Ms. Brock's comments stating that Ithacare would like to see the Board add issues to the scoping outline that the Board felt were "significant environmental impacts" whether or not they were related to the issue of views. Mr. Bell stated that he thought the answer is whatever the Board passes at the next meeting, which will be the final outline. Attorney Barney stated that the point was well taken in a sense that if we are describing something, it should be described in a context of Section 5 on Pages 7 & 8 Significant Environmental Impacts, and these are what the Board is supposed to be analyzing. Attorney Barney stated that in the course of analyzing do we need a description of transportation needs, for example. Ms. Brock stated that Ithacare was not disputing any of the changes made by the Planning Board, they were trying to make sure that everything that is supposed to be considered is considered and on the proper basis, and it sounds like it is. Assistant Town Planner George Frantz stated that taking Transportation as an example, the Planning Board already made the determination that there would be no significant adverse impacts to the existing transportation system. Mr. Frantz stated that determination was already on the record in the Long Environmental Assessment Form, Attorney Barney stated that the question then becomes why does the Board need a big description about transportation services if it is not an item that needs to be analyzed. Planning Board Minutes 26 December 20, 1994 Mr. Macera stated that the confusion comes from the statement, what as does that problems in the future. have to do with to view. Attorney Barney stated that view is the issue. If you have an EIS that is going to discuss steep slopes, aesthetic resources, wetlands, stormwater runoff, and sewer overflows, which have been identified as areas that are going to be analyzed, then why do we need a big descriptive section on transportation. Board Member Stephen Smith stated that he understood it to be that the Planning Board was trying to cover as many areas as necessary simply to avoid any problems in the future. Mr. Frantz stated that he sees this as using the EIS to document the existing facilities and the fact that they are adequate. Chairperson Kenerson asked if there were any changes or comments on Page 7. Board Member Stephen Smith stated that Mr. Yntema had a suggestion regarding Page 7, Item IV.E.1.Visual resources - that the overlook description should acknowledge that Ithacare's parcel includes portions of the parking spaces on the paved area and additional areas adjacent to the paved part of the overlook. Noel Desch stated that it was not really an issue of visual resources as much as it is clarification of the description and that Ithacare would be taken care of. Mr. Desch stated that he did not feel that it needed to be part of the scope that it would be covered in the design layout and location. Chairperson Kenerson asked if there were any changes or comments on Page 8. Attorney John Barney stated that Mr. Firth requested that the Board analyze the impact of the proposed project relative to residents living in its immediate vicinity. Included in the analysis Mr. Firth wanted to know the effect of the facility on residents' property values. Attorney Barney stated that Ms. Brock had mentioned to him that property values are not a permitted item to be analyzed under SEQR regulations. Attorney Barney stated that the impact on residents was alright, but economic impact should not be included. Board Member Gregory Bell stated that somewhere in Section 617 there was a section that discussed balancing the environment versus economic impact. . 0 Planning Board Minutes 27 December 20, 1994 Attorney Barney responded that the economic impact referred to is the economic benefit of the project versus the adverse environmental impacts, not specific property values on anything other than the specific site itself. Mr. Bell there economic stated that he did not think it was much of a stretch to say that if something is negative that you can't talk about it. Attorney Barney stated that Page 60 - 61 of the SEQR handbook reads as follows. QUESTION: Are there economic or social.factors which are inappropriate for inclusion in an EIS? ANSWER. The potential effects that a proposed project might have in drawing customers or profits away from established enterprises or in reducing property values in the community may not be considered in a SEQR. Potential economic disadvantage caused by competition or speculative economic loss are not environmental factors. Attorney Barney stated that one letter suggested adding an additional environmental impact on existing land use and suggesting that you analyze the impact of the proposed project relative to the residents in the near vicinity. Attorney Barney stated that his own comment on that is that the Board is analyzing the view and aesthetics, obviously the neighboring landowners would be included in that analysis. Town Engineer Daniel Walker stated that the Town Board took that into account when the land was rezoned to residential used as opposed to heavy industrial use. Attorney Barney stated that the Board may want to add an additional sentence on Page 7, Section V, Item A to read that the analysis should include impact on surrounding landowners. Mr. Macera stated that he was confused about how such an analysis would be accomplished and would such an analysis require access to the neighborhood properties. Attorney Barney asked if it would be possible to insert a general statement as to what the possible impact was likely to be to the neighboring properties. Carl Guy, Vice President of Court Street Companies, Ithacare's construction manager asked how many residences the Board was talking about, how far does Ithacare go. Attorney Barney stated those in the immediate vicinity. Mr. Desch asked that John Barney repeat his proposal. . 0 Planning Board Minutes December 20, 1994 Attorney Barney stated they were asking for an analysis to include the immediately surrounding residences. Mr. Macera asked if that could be accomplished by identifying elevations and taking photographs from neighbors' premises. Attorney Barney stated that Ithacare could do it any way they wanted to. Mr. Desch stated that photos would be expensive. Attorney Barney stated that as long as it showed the potential impact it would suffice. Assistant Town Planner George Frantz stated that thus far the concern has been the impact on the public resource, the overlook, and along in the debate the focus has been the potential impact on a public visual resource, the overlook. Mr. Frantz stated that this says to him that the Board will be looking at the impact on the public resource and the impact on private resource. Attorney Barney stated whenever you analyze a view you will always have the opportunity or at least the possibility of impacting pieces of private property as well as publicly. Mr. Barney stated that he was not sure that was an impact that should not be studied. Mr. Guy asked what mean data would the Board assume would be the residents point of view, other than taking the worst case scenario which is what Ithacare has done thus far. Attorney Barney stated that his would say that as part of the analysis, overlook is the worst that you see and it the perspective changes, the amount reduced; that is an analysis. feeling was that Ithacare and if what you see off the that as you back away from of building that you see is Mr. Desch asked if the Board could deny approval of the project based on their being an impact on the view from a residence. Attorney Barney responded, probably not. Ms. Brock stated that the point of the lawsuit was the view from the overlook. Town Planner Jonathan Kanter suggested that a description of the visual relationship between residences in the immediate vicinity and the project, be placed on Page 7, Under Cultural Resources, Item E, a new letter d. Planning Board Minutes 29 December 20, 1994 The The Board Planning Board also concurred concurred with Mr. that anywhere steep Kanter's suggestion. slopes were mentioned it would of discussion regarding Item A.1.a. be defined Resources, on as slopes of 15 percent or greater. Attorney Barney stated that there was quite a lot of discussion regarding Item A.1.a. under Human Resources, on Page 9. Board Member Gregory Bell stated that it was a minor definitional problem. Mr. Bell stated that Item B is listed as Cultural Resources, and Item 1 is visual resources, which is not a cultural resource. Mr. Bell stated that cultural resources deal with people and visual has to do with a physical object and is technically not a cultural resource. Mr. Bell stated that the use of the view is cultural, but that the resource itself is not cultural. Mr. Bell stated that he would cross out Letter B and make Visual Resources Letter B on Page 9. Assistant Town Aesthetic Resources Form (LEAF). The Board conci current Item B, and and the items would Planner George Frantz stated that the words were used in the Long Environmental Assessment .erred with Mr. Bell's suggestion to delete the to relist Visual Resources as the new Item B, be renumbered accordingly, on Page 9. Town Planner Jonathan Kanter stated that there was a request in Mr. Firth's letter to take out the reference to the standards established in the SLUD on Page 9, Item A.l.a. Mr. Bell stated that he was not sure that the Town Board, at the point a couple of months from now whenever this statement is finished, that had they had this information in front of them, they may not have passed SLUD #7 the way they did. Mr. Bell stated that this was making the assumption that the Town Board may not have passed the SLUD with this footprint once they knew about the impacts and the degree to which the building would be seen. Mr. Bell stated that he felt that the Town Board may change SLUD #7 once the EIS is completed. Mr. Bell stated that if the Planning Board goes into it saying that SLUD #7 is the only possible choice, then the Town Board's hands would be tied. Mr. Bell stated that he felt that the Planning Board should not say that SLUD #7 is it. Attorney Barney stated that instead of saying to meet requirements and standards in SLUD, that it be consistent with the intention of the Town Board as expressed. Attorney Barney stated that he did not feel that it was inappropriate to reference SLUD #7 here. Mr. Frantz stated that the only information that the Town Board did not have when it adopted the SLUD that the Planning Board had when it considered the Ithacare site plan on June 21, 1994 was the experience of the balloon test which only confirmed the . 1 Planning Board Minutes WE December 20, 1994 assessment given the Town Board by himself as the planner reviewing the project and completing the LEAF on behalf of the Town Board; which was that the proposed building would block a portion of West Hill from roughly half way between the hospital and Route 89, swinging in an arc around westward to Bostwick Road and from West Haven Road downhill. Mr. Frantz stated that they had that information in their hands when they made their decision on the Special Land Use District (SLUD #7). Mr. Frantz stated that they had graphic presentation, maps, and other pertinent information. Attorney Barney stated that he was not sure that they would change the SLUD as Mr. Bell had stated. The Board determined to delete the words, "to meet requirements and standards established in" and put "consistent with the policies evidenced by" for Item A.1.a on Page 9. Attorney Barney stated that Mr. Yntema had made a suggestion that the list of examples under Item Scoping there be a description of the redesigned overlook included. Mr. Frantz stated that he believed that the redesigned overlook was included in the site plan that was presented to the Planning Board. Board Member Stephen Smith stated that it would be very helpful to have cross - section drawings of the extended overlook to make a determination of whether that should be built. Mr. Smith stated that it may be more offensive than the blockage of the view. Mr. Desch asked if that was covered in the appendices. Attorney Barney stated that the appendices refer to photographic exhibits from the overlook extension. Town Planner a question during were built, would is the kind of de: for. Jonathan Kanter stated that he thought there was the review process that asked if the extension that further block any views from anywhere, which ;cription that Mr. Yntema's suggestion is looking Mr. Yntema nodded his head in concurrence with Mr. Kanter's statement. The Board determined that a new Letter H would be added to the Appendices which would request a longitudinal cross - section drawing of the design of the proposed overlook extension along Danby Road. Chairperson Kenerson asked if there were any questions or comments on Page 10 of the the list of examples under Item Scoping Outline. The Board made the determination to add "rotate building footprint 180 degrees" to the list of examples under Item VII.A.3. Planning Board Minutes 31 December 20, 1994 The only change to Page 11 was to change the word "site" to "parcel" under Items X.A, X.A.1, and Item X.A.l.a. The Board concluded its review of Draft 3.0 of the Scoping Outline 3.0 of the for the the proposed Ithacare project project. Town Attorney John Barney stated that Town Planner Jonathan Kanter will prepare draft 4.0 of the Scoping Outline and present it to the Planning Board on January 3, 1995, and the Board will then adopt it or reject it at that meeting. Chairperson Kenerson declared the matter of Draft 3.0 of the Scoping Outline for the proposed Ithacare project duly closed. AGENDA ITEM. OTHER BUSINESS. Jonathan Kanter addressed the Board and stated that there would need to be a decision on the scoping process for the Buttermilk Valley Estates Subdivision, but timewise the Board will be running into a problem under required SEQR time frames. Mr. Kanter stated that at the last meeting the Board did not determine what the scoping process would be for the Environmental Impact Statement. Mr. Kanter stated that he was thinking of having a less formal scoping process for the Buttermilk Valley project because it doesn't seem to have the potential for controversy that Ithacare has and the items of potential impact listed in the Positive Declaration were fairly limited. The Board discussed the upcoming agenda items for the Planning Board meeting to be held on January 3, 1995 and asked that Mr. Kanter try to get the applicant to agree to extend the 30 day SEQR deadline so that the Board could spend an adequate amount of time on the already schedule agenda items for the January 3, 1995 meeting, and then discuss the Buttermilk Valley scoping outline at the second January meeting. Mr. Kanter stated that he would talk to Mr. Wiggins to see if that was agreeable with him. There being no further discussion, Chairperson Kenerson declared this segment of the meeting duly closed. Planning Board Minutes 32 December 20, 1994 ADJOURNMENT Upon Motion, Chairperson Kenerson declared the December 20, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 11:46 p.m. Respectfully submitted, StarrRae Hays, Recording Secretary, Town of Ithaca Planning Board. 12/29/94. • 0 • COPY SCOPING OUTLINE ITHACARE SENIOR LIVING CONDAUNITY (Draft 3.0) December 9, 1994 McName c \ldevrevs\ithacare \scope3 -O mein 'sown of Ithaca Planning Board Lead Agency Exhibit # 12/20/94 PB Minutes ON TOWN CLERK 273 -1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273 -1656 PARKS 273--6035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1783 FAX (607) 273 -1704 TO: Involved and Interested Agencies and Other Individuals FROM: Jonathan Kanter, Town Planner RE: Ithacare Draft Scoping Outline DATE: December 9, 1994 A positive declaration of environmental significance was made by the Town of Ithaca Planning Board, lead agency, on December 6, 1994, regarding the proposed Ithacare Senior Living Community, at the direction of Supreme Court of the State of New York, Tompkins County. The following draft Scoping Outline provides a framework for the scope and content of the Draft Environmental Impact Statement (DEIS) which will have to be prepared by Ithacare Center. This draft Scoping Outline is being distributed to Interested and Involved Agencies and other individuals with a potential interest in this project. A Public Scoping • Hearing. to determine the scope and content of the DEIS will be held on Tuesday, December 20, 1994, at 8:00 p.m. at the Ithaca Town Hall Board Room, 126 East Seneca Street, Ithaca, N.Y. Comments on the draft Scoping Outline are requested and may be made in person at the Public Scoping Hearing, or will be accepted in writing by the contact person until December 20, 1994. Scoping is a process that identifies relevant environmental effects of an action to be addressed in a DEIS. The purpose of scoping is to narrow issues and to ensure that the DEIS will be a concise, accurate and complete document that is adequate for public review. While the State Environmental Quality Review Act (SEQR) does not mandate a formal scoping process, the Town of Ithaca Planning Board has opted to conduct formal scoping, with full opportunity for public input. Under this approach, the lead agency must complete the scoping process and provide a written scope of issues to the applicant and all involved agencies within 30 calendar days of the filing of the positive declaration. The scoping process is more fully described in The SEOR Handbook (Nov. 1992), N.Y.S. Dept. of Environmental Conservation. A copy is available for review in the Town of Ithaca Planning Department. For further information on the project or questions on the scoping process, please contact: • Jonathan Kanter, Town Planner Town of Ithaca, 126 E. Seneca St., Ithaca, N.Y. 14850 Phone: 607- 273-1747; FAX: 607 - 273 -1704 • • I. II. 0 III. Scoping Outline for Ithacare Environmental Impact Statement Cover Sheet Document should begin with a cover sheet that indicates: A. Whether it is a draft or final impact statement B. Name or other descriptive title of the project C. Location (county and town) of the project D. Name and address of the lead agency which required preparation of the statement (Town of Ithaca Planning Board) and the name and telephone number of a person at the agency to be contacted for further information (Jonathan Kanter, Town Planner; Phone: (607) 273 -17477 E. Name and address of the preparers of any portion of the statement and a contact name and telephone number F. Date of acceptance of the Draft EIS (to be filled in when accepted) G. Deadline date by which comments are due (to be filled in when accepted) Table of Contents and Summary An Executive Summary should follow the Table of Contents. The Summary should include: A. Brief description of the action B. Significant, beneficial and adverse impacts (issues of controversy - e.g., visual impact - must be specified) CO Mitigation measures proposed D. Alternatives considered E. Matters to be decided (permits, approvals, funding) Description of the Proposed Action A. Project Purpose and Need 10 Background and history 2. Public need for the project, and municipality objectives based on adopted community development plans 3. Objectives of the project sponsor Be Location 10 Establish geographic boundaries of the project (use regional and local location maps to illustrate) 2. Description of access to the site 30 Description of existing zoning of the site C. Design and Layout 1. Total site area a. proposed impervious surface area (roofs, parking lots, roads) be amount of land to be cleared ca open space 2. Structures - a. gross floor area (GFA) of buildings, structures be layout of buildings ce site plans and profile views 3. Parking a. pavement area be number of spaces and layout _. 'D. Construction and Operation 10 Construction a. total construction period anti cipated 2 • 0 • • 0 b. schedule of construction co future potential development, on site or on adjoining properties 2. Operation a. type of operation, activities that will occur at facility b, schedule of operation and activities E. Approvals 14 Required changes or variances to the zoning regulations, if any 2. Other permit approval or funding requirements Environmental Setting Q l 1C a �7MU94M A. 1. 2. -.. Subsurface a. composition and thickness of subsurface material examples: depth to, and nature of, bedrock formations and impermeable layers occurrence of an extractive mineral resource usefulness as a construction material Surface a. list of soil types bo discussion of soil characteristics examples: physical properties (indication of soils hydrological /infiltration capabilities) engineering properties (soil bearing capacity) ce distribution of soil types at project site 3 do suitability for use examples: 3. Topography agriculture, recreation, construction, mining a. description of topography at project site examples: slopes, prominent or unique features be description of topography of surrounding area Water Resources L Surface water a. location and description of surface waters located on project site or those that may be influenced by the project examples: seasonal variation, quality, classification according to NYS Dept.. of Health or DEC be identification of uses and level of use of all surface waters examples: public /private water supply industrial uses agricultural uses recreation c. description of existing drainage areas, patterns and channels do discussion of potential for flooding, siltation, erosion and eutrophication of water sources examples: include description of area in City of Ithaca that receives drainage from site that is prone to flooding (Cayuga Street /Six Mile Creek area) and relation of drainage from this site to the affected area of the City 4 • Ll ' e • Ll • • C. Terrestrial and Aquatic Ecology 1. 2. I Vegetation a. list vegetation types on the project site and within the surrounding area be discussion of site vegetation characteristics examples: species present and abundance age, size, distribution dominance plant community types unique, rare and endangered species value as habitat for wildlife productivity Fish and Wildlife a. list of fish and wildlife species on the project site and within surrounding area, including migratory and resident species be discussion of fish and wildlife population characteristics examples: species present and abundance distribution, dominance unique, rare and endangered species productivity Wetlands a. list wetland areas within or contiguous to the project site be discuss wetland characteristics examples: acreage vegetative cover classification benefits of wetland such as flood and erosion control, recreation HUMAN RESOURCES A. Transportation G � 1. Transportation services a. description of the size, capacity and condition of services examples: roads, bridges, parking facilities, traffic control be description of current level of use of services examples: a.m. and p.m. peak hour traffic flow vehicle mix • sources of existing traffic volume 2. Public transportation and pedestrian environment a. description of the current availability of service be description of present level of use ce description of facilities to serve pedestrians and patterns of �- pedestrian traffic Be Land Use and Zoning 19 Existing land use and zoning a. description of the existing land use of the project site and the surrounding area examples: commercial, residential, agricultural, business, retail, industrial, institutional, vacant, state park, scenic overlook be description of the existing zoning of site and surrounding area CO 2. Land use plans a. description of Town of Ithaca Comprehensive Plan regarding project site and surrounding area be discussion of future development trends or pressures in the area Community Services Y" 6 10 Include a list of existing facilities and services and a discussion of existing levels of usage and projected future needs for the following: a. police protection bo fire protection co health care facilities do social services e. recreational facilities f. utilities D. Demography 10 Population characteristics a. focus on the characteristics and trends of the aging population and their needs • E. Cultural Resources 10 Visual resources a. description of the physical character of the community example: urban vs. rural bo description of natural areas of significant scenic value, including the overlook on Danby Road co identification of structures of significant architectural design V, Significant Environmental Impacts A. Aesthetic Resources, Wetlands and Steep Slopes Discuss the following aspects of the environmental setting from Section IV that may be adversely or beneficially affected by the proposed action. e The only "potential large impact" identified in the Full Environmental Assessment Form (EAF), Part II (6/21/94), was in the category of "aesthetic resources," which included ... "blocking portions of the view F Vl:. 1 from the existing Danby RoadlRte. 96B overlook." In order to adequately assess that impact, potential impacts on other site features, including wetlands and steep slopes, should be considered, since those constraints have influenced the proposed location, configuration and design of the Ithacare facility. Be Stormwater Runoff/ Downstream Flooding and Sewer Overflows in City of Ithaca In addition, the following potential impacts should be addressed that have been raised by the Tompkins County Department of Health (DOH) in conjunction with several other projects in this area of South Hill, which could apply to the Ithacare project: 1. Stormwater Runoff /Downstream Flooding DOH has indicated that there could be potential impacts from the increase in run -off from projects in this area of South Hill which may significantly increase problems in the City of Ithaca where drainage channels are very flat. Run -off from the Ithacare site would drain down toward the Meadow Street area in the City where flooding problems have occurred. This potential impact should be addressed in the DEIS. 2. Sewer Overflows DOH has also indicated that overflowing sewers on Cayuga Street in the City of Ithaca affect the neighboring residences and businesses and degrade Six Mile Creek, and has stated in regard to several other projects in the South Hill area that increased sanitary wastes generated by new projects will add significantly to the overflow problem. This potential impact as it relates to the Ithacare project should be addressed in the DEIS. Mitigation Measures to Minimize Environmental Impact Describe measures to reduce or avoid potential adverse impacts identified in Section V above, including the following. NATURAL RESOURCES /^ A. Geology Topography a. avoid construction on areas of steep slope J v 0 • • C7 r. co be design adequate soil erosion protection devices to minimize impact on areas of steep slope Water Resources 1. Surface Water a. design adequate stormwater control system - be ensure use of soil erosion control techniques during construction and operation to avoid siltation examples: hay bales temporary restoration of vegetation to disturbed areas landscaping Terrestrial and Aquatic Ecology 1. Wetlands a, avoid construction in or near wetlands HUMAN RESOURCES : Land Use and Zoning 10 Existing land use and zoning a. design project to comply with existing land use plans, to meet requirements and standards established in Special Land Use District No. 7 and in a functional and visually appealing way to set standard and precedent for future surrounding land use Cultural Resources 10 Visual resources a. redesign the existing overlook to extend the public viewing area be design exterior of structure to physically blend with existing surroundings ce minimize visual impact through thoughful and innovative 9 VII. VIII:0 design of lighting and signs (consider height, size, intensity, glare, and hours of lighting operation) do design landscaping to be visually pleasing and to serve as a buffer between the surrounding land uses, parking areas operational equipment and facilities tal Implemented Avoi ect is Identify those adverse environmental effects in Section V above that can be expected to occur regardless of mitigation measures considered in Section VI. Alternatives Discuss the following alternatives at a level sufficient to permit a comparative assessment of costs, benefits and environmental risks for each alternative. It is not acceptable to make simple assertions that a particular alternative is or is not feasible. A. Be Alternative Design and Technologies 16 Site layout a. density and location of structures on the site (other locations on the site where buildings might be situated) be location of access routes, parking and utility routes 2. Orientation of buildings /facilities a. compatibility with slope and drainage patterns be site size and setback requirements 3. Alternative configuration of building(s) examples: stepping building down slope tower rather than spread out footprint Alternative Sites This evaluation should be a_pproach_ed_ on a general level, not a site specific evaluation of other sites. L . _ Advantages and disadvantages of alternative sites 10 0 El • • IX. X. examples: availability of land suitability of alternate site(s) to accommodate design /program requirements suitable market area compatibility with regional objectives accessibility to transportation routes and the service population Co Alternative Size 1. Decrease project size to miru nine possible impacts D. Alternative Land Use 10 Suitability of site for other uses (such as commercial, industrial, other type of housing) E. No Action 10 Impacts of no action a, effect on public need bo effect on applicant's need co beneficial or adverse environmental impacts Irreversible and Irretrievable Commitment of Resources Identify those natural and human resources listed in Section IV that will be consumed, converted or made unavailable for future use. Indicate in particular how resources associated with the portion of the site to be constructed will be affected. Growth Inducing Aspects Describe the potential growth aspects the proposed project may have, including the following: A. Future Development Plans Ithacare Has for This Site 1. Describe the future potential development on this site a. What are Ithacare's future plans for additional development on this site 11 b. What additional development could theoretically occur on this site under the current Special Land Use District No. 7 Be Surrounding Development Potential 1. Describe the potential for additional development in the surrounding area, including Ithaca College's plans for future development on its land holdings in the immediate vicinity of the project site. (If no information on this is available from Ithaca College, then provide a generic analysis of what could potentially be built on their land under existing zoning. Include a statement of any plans Ithacare may have for acquisition or development of additional Ithaca College land in this area.) )G. Appendices The following are materials that may be added by the applicant in support of the DEIS: A. List of underlying studies, reports and information considered and relied on in preparing statement Be List of all federal, state, regional or local agencies, organizations.., consultants and private persons consulted in preparing the statement C. Technical exhibits (if any) at a legible scale D. Technical studies, reports or other materials prepared by the applicant in support of the statement that are too lengthy to include in the body of the statement E. Relevant correspondence regarding the project F. Photographic or computer generated overlays demonstrating the effects of the proposed and alternative configurations of the building(s) on the view from several different locations and perspectives, including at least the following: 10 North end of existing scenic overlook 2. South end of existing scenic overlook 36 North end of proposed scenic overlook extension 49 Northbound driving lane on Route 96B (exact location to be determined) 5. West Hill (exact location to be determined) G. Cross - section drawings demonstrating the effect of the proposed and 12 • • r. u alternative configurations of the building(s) on the view from the same locations identified in XI(F) above. 13 • December 20, 1994 Planning Board Town of Ithaca 126 E. Seneca Street Ithaca, New York 14850 Dear Planning Board Members: COPY This will confirm my trepeditations concerning the proposed Ithacare facility on the Danby Road in the Town of Ithaca. My first objection is the present siting plan for the facility. To allow the Ithacare construction as proposed would devastate a unique natural resource, namely the New York State designated scenic over- look that now exists, There are few pan(Yramic sights anywhere to rival that which now exists and would be destroyed if Ithacare were allowed to proceed with its Draconian plans. Although Ithacare says it will realign the overlook, far too much of the view would be ruined forever and any loss of that scenic vista amounts to an act of blatant visual pollution by Ithacare. With tourism the county's second largest industry, the loss of that pristene view could have a seriously negative impact on our area. • My second objection is the callous disregard for the property values of Danby Road homeowners demonstrated by Ithacare. The values of all nearby homes Would be greatly dimished is this facility is allowed to be built as proposed. Without the existing views, existing nearby properties would retain only a fraction of their value and homeowners would be forced to seek relief from the Town of Ithaca, thereby cost- ing the township considerable sums of money, now and in the future. • My third objection is Ithacare's stated refusal to consider moving the location of its proposed facility a few hundred feet to the west, a move that would satisfy the concerns of area homeowners and those wishing to protect the natural scenic beauty. Ithacare, a not -for- profit business and therefore a tax - exempt business, claims moving the proposed facility to a less sensitive spot on the property would not be feasible, Still, they are prepared to ruin the vistas and cost homeowners thousands - upon- thousands of dollars in lost property values and taxes to the Town of Ithaca without ever demonstrating the cost differential in making such a move. As proposed, the Ithacare offering is a bad plan. It shows utter disregard for the environment, the economic well being of the county, the township and the area homeowners. It is an invitation to a myriad of lawsuits, including taxpayer suits, and should be rejected out of hand. Sincerely Michael A. Ro in; 248 Floral Avenue Ithaca, New York 14850 ff 11 1 0 • YNTEMA 993 DANBY ROAD ITHACA, NEW YORK 14850 -5719 Mr. Jonathan Kanter AICP, Town Planner 126 East Seneca Street Ithaca, NY 14850 Dear Mr, Kanter: rpOp� 20 December 1994 Re: Scoping Outline Draft 3.0 - Ithacare Your draft scoping outline is a fine one, and I hereby request that you and the Town Planning Board accept and use it as a minimum, adding to and amending it in accordance with public comments. The additions and changes I suggest are listed below, referring to the pages, numbers, and letters in your Draft 3.0 Outline, Page 1: II. B. Summary of impacts. Other issues of controversy to include are: Add : flora and fauna Add: transportation and safety (both pedestrians and vehicles) Page 2: III, B. 2. and 3. Location - Description. Here, and wherever else the word "site" is used in the scoping outline and the DEIS, it should be emphasized or at least noted that the "site" is actually a ap rcel of 28.01 acres, and not merely the eastern 7± or 8t acre portion previously proposed for the structure and parking. C. Design and Layout, Add: 4. Sewage/Wastewater. Quantity and variation with time, treatment methods, lift- station(s). routing, sewer locations, etc. Page 4: IV, A. 3. a. Topography. "Steep Slopes" should be defined and mapped. IV. B. 1. a. Surface water. "quantity" should be included in the examples. Add: 2. Subsurface water. Add: 2. a. Describe groundwater characteristics, including depth, direction of f low and seasonal changes. Add: 2. b. Identify present uses of groundwater on and near the project area (i.e., public and private wells) J a a Yntema to Kanter -2- 20 December 1994 • Page 5: IV, C. Terrestrial and Aquatic Ecology. 1. Vegetation. The plant survey should cover the major growing period between April and September, minimum. A year -round survey done at least at regular one -month intervals would be best. The previous plant survey of this area was done primarily in the late fall, after many of the spring- summer -early fall species were no longer in evidence. 2. Fish and Wildlife. Your inclusion of both fish and migrating and resident species of wildlife is excellent. • BIRDS. A year -round survey /census, including the peaks of the migration,by one or more experienced birders should be required, to get an accurate picture of the birds in the project area. • MAMMALS. Similarly, a year -round census by an expert wildlife biologist, of the wildlife in the project area, should be required. I know from personal experience that there are many more species of mammals besides deer in the area, and on the parcel. • OTHER. Timely censuses of other terrestrial and aquatic organisms should also be required. Page 6: B. Land Use and Zoning. I hope that this time around, Ithacare will acknowledge that there are residences to the east, west, and south of the project parcel, and give their presence due consideration. Page 6 -7: C. Community Services. Add: 10 g, educational facilities (Ithaca College's presence and its gerontology programs are certainly noteworthy). Page 7: IV, E. 1. Visual resources. b. The overlook description should acknowledge that "Ithacare's parcel" actually includes portions of the marked parking spaces on the paved area, most of the grassy area to the west and north, and all the slope down from the overlook. C� Yntema to Kanter Page 8 - 9. Mitigation measures. NATURAL RESOURCES. A. Geology. -3- 20 December 1994 Add: 2. Subsurface: use and re -use of excavated material. Add: 3. Surface: stockpiling and re -use of topsoil. B. Water Resources. Add 2, Subsurface Water. Ensure no negative effects on existing groundwater characteristics or wells near the project area. C. Terrestrial and Aquatic Ecolo_q Add: 2, Vegetation: Clearing limitations, open spaces required to be left, landscaping, etc. Add: 3. Fish and Wildlife: Habitat to be scheduling to reduce harmful etc. Page 9 - 10. Mitigation measures (cont'd). HUMAN RESOURCES. left or added for wildlife, construction effects on resident and migrating birds, A. Land use and zoning. Either here or elsewhere, mention should be made that the only thing required for approval of a change in building configuration or location on the parcel would be another meeting of the Town Board to amend the SLUD #7. B. Cultural Resources, 1. Visual resources: Either under "a." (redesigning the overlook), or as a separate item "b", there should be a description, three elevations (from the east, north, and south) and two cross - sections showing what the "overlook extension" would look like. Add: C. Other Resources. Include ways to mitigate: • Add: C. 1. problems for vehicular traffic and pedestrians .Add: C. 2. construction and other noises, dust, etc. • • c Yntema to Kanter Page 10 -11 VIII, Alternatives. A. 3. Alternative configurations. -4- 20 December 1994 Add example: follow contours, having "upper" building stories on lower slopes to reduce visual blockage from overlook - - i.e., rotate building 1800 from previous designs. B. Alternative Sites. Clarify the meaning of "general level ". Add: B.2. Other alternate sites. More than a dozen other parcels were the subject of an Ithacare- sponsored study, and these sites should be considered as possible locations for the project. If one alternative is "NO ACTION then these sites, and possibly others, should be investigated and discussed in the DEIS. Page 11. IX. Irreversible and Irretrievable Commitment of Resources. Change the wording of the second sentence to read: " Indicate in particular how resources associated with each portion of the parcel to be considered for construction, for all the alternative sites on the parcel, will be affected." Page 11 -12, Growth Inducing Aspects. A. In the three places it occurs (A., A.1., A0 1.a), change the word "site" to "parcel" Add: A. 1. c. What would be required to change SLUD #7 for future development? Page 12 -13, Appendices, F. Change the wording to read: "Photographic or computer generated overlays demonstrating the effects, of the proposed and alternative configurations and locations on the parcel, of the building(s) on the view from several different locations and perspectives, including at least the following:" Add: 6. Stewart Park. I� �J ft • Yntema to Kanter Page 12 -13. Appendices (cont'd) -5- 20 December 1994 G. Change the wording to read: "Cross- section drawings through the overlook and any alternative building configurations and alternative locations on the parcel, demonstrating the effect of the building(s) on the view from the same locations identified in XI. F. above. Said cross - section drawings should extend from the overlook into the valley and to the top of West Hill, or to Cayuga Lake, as appropriate." Thank you for your attention and your consideration of my suggestions. cc: All Town Planning Board Members Sincerely, �ohn A. Y 0 r1 U • V December 21, 1994 Town of Ithaca Planning Board 126 E. Seneca St. Ithaca, NY 14850 To the Planning Board, y �r / 1 . . r rr r• u F 1,994 This is a transcript of my comments at last night's Planning Board hearing. Thank you for the opportunity to express an opinion on the Scoping Outline for Draft Environmental Impact Statement — Ithacare Senior Living Community (Draft 3.0; December 9, 1994). My name is Michael Twomey and I am here as the president of Historic Ithaca, Inc., and as a private citizen. I've brought with me two paintings of the view of Ithaca from South Hill. The large one is the property of an elderly resident of Ithaca and I must return it to her immediately. The painting was done in 1873 by an anonymous artist. The color photocopy [enclosed] is of a painting done in 1872 by someone who signed his name Kensett. This is now in the possession of the DeWitt Historical Society. The paintings show that this view has historical importance for defining our identity in Ithaca. It is a trademark view of the city and lake. I've been throughout the United States and I've seen lots of spectacular scenery. This view is one of the best views I've seen anywhere and it's one of the reasons that I love Ithaca. At Historic Ithaca we believe that architecture can and should compliment the natural environment. Our concern here is the impact of the proposed Ithacare building on the view from the state4unded overlook on Route 96B just above the Ithacare site. We are not opposed to senior citizens. I think that some of the rhetoric about this issue unfairly caricatures the opposition as opposition to senior citizens or opposition to Ithacare. That is not the case. Fifteen years ago, I lived across the gorge from the present Ithacare. My wife did volunteer work there and she used to bring our daughter along, which delighted the residents. Since then, that daughter has returned on several occasions with the Ithaca Talent Education orchestra to give free concerts for the residents. We are friends of Ithacare. Also, Historic Ithaca has an interest in the present Ithacare building on Quarry St., since it's a glorious example of institutional architecture. I'd like Mr. Macera and the Ithacare board of directors to know that we would be interested in helping Ithacare as it wrestles with the deposition of that structure. Thus, I want to make it clear that Historic Ithaca's concern —and my concern--is to preserve the spectacular, historic, trademark view of Ithaca that one has from the overlook on 96B for the tax- paying public whose dollars paid for that overlook. One of our board members, Rick Lazarus, drives past the overlook twice a day, five days a week, and he says that in daylight hours there is nearly always at least one car there. • • Historic Ithaca would like to raise the following two points for consideration at this time with regard to section V.A ( "Significant Environmental Impacts ") of the Scoping Outline: 1. We have seen the sketch of the proposed new building in the Ithacare 20th anniversary brochure [Ithaca's South Hill Senior Living Community — enclosed], which is available at Center Ithaca. This sketch gives a bird's -eye view of the site and thus does not represent how a person standing on the ground would see it. This sketch is therefore not accurate evidence as to the extent that the building might or might not block the view. It is our understanding that the Town of Ithaca required the developer to fly balloons from the actual locations on the site of all the corners and peaks of the proposed building at the actual height of the roof line. It is also our understanding that about 80% of the view from the overlook would be blocked. But, because the results of this experiment have been disputed, Historic Ithaca would like to propose that detailed photo or computer mock -ups from five different locations in and around the overlook be made in order to show how the building would or would not block the present view. Such a study would also show how alternate siting of the building would or would not rectify any blockage. It is our understanding that under the Environmental Quality Review Act an alternate site analysis is required, anyway. 2. One option that has been raised is putting a new overlook below Ithacare, or installing a footpath from the present parking area to a viewing area below Ithacare. I'd like to point out that although this might sound like a nice opportunity for the State and Ithacare to cooperate and possibly improve on the current parking lot style overlook, there are some big drawbacks to this proposal that have to be negotiated. One is that an overlook below Ithacare would be in Ithacare's back yard, so to speak, and visitors there might feel like they were invading the privacy of the residents. The other is that since we are a car culture it's doubtful that people will want to park and then walk down through or along private property to see the view and then walk back up to their cars. However, if these problems could be surmounted, and an attractive, private, non - intrusive overlook could be installed below Ithacare, that would be acceptable to Historic Ithaca and to me as a member of the public. In closing, I'd like to say that Historic Ithaca recognizes that for the sake of economy of scale, Ithacare wants the building as high as it is planned. But let's work together to save this view —this spectacular, historic, trademark view of Ithaca - -for the tax - paying public who paid for and enjoy the overlook. Sincerely, Q0,00e`� Michael Twomey President, Board of Directors Historic Ithaca, Inc. • 120 N. Cay.. - a V. Ithaca, NY 14850 • • • DOUGLAS R. FIRTH 989 Danbv Road Ithaca, New York 14850 Telephone (607) 277 -0475 Jonathan Kanter AICP, Town Planner 126 East Seneca Street Ithaca, NY 14850 Dear Mr. Kanter, C(OPY December 20, 1994 Below are my comments and suggestions for additions/revisions to the Draft Scoping Outline (Revision 3.0). Page 4, Section IV, Natural Resources, Subsection A.3.a. Propose that Subsection A.3.a. (Topography) be revised to read: a. Describe topography at project site (examples: slopes, prominent or unique features). Include topographical map with areas of slope greater than 20 percent highlighted. Comments: A highlighted topographical map showing areas of steep slope (> 20 %) would be useful for easier identification of areas on the 28 acre site that would avoid these slopes. Also, since engineering units of percent gradient are used to describe slope, it would be useful that the map showing the topography of the 28 acre site convey percent gradient instead of just showing topographical lines. Page 7, Section IV, Human Resources. Propose addition of the following under Subsection C. (Community Services): 2. Evaluate availability of and access to existing utility services to the site including the following: a. water b. sewer c. electricity d. natural gas Comments: When analyzing altematives, this evaluation would be helpful for understanding potential problems encountered in accessing utilities. L I Page 8, Section V, Significant Environmental Impacts. Propose adding the following: C. Existing Land Use 1. Analyze the impact of the proposed project relative to residents living in its immediate vicinity. Include an analysis on the effect of the facility on residents' property values. Page 8, Section VI, Natural Resources, Subsection A.I.a. Propose revising this section to read: a. avoid construction on areas of slope greater than 20 percent. Page 91 Section VI, Human Resources. Propose that Subsection A.I.a. be revised to read: a. design project to comply with existing land use plans and in a functional and visually appealing way to set standard and precedent for future surrounding land use. • Comments: The Special Land Use District (SLUD) No. 7 designates that "Any significant revisions to the Preliminary Site Plan (Drawing LS -2) made by L. Robert Kimball Associates dated October 4, 1993 ... shall be submitted and approved by the Town Board ... ". Therefore, the proposed project site plan may be completely different from that In drawing LS -2 to mitigate significant environmental impacts and the Planning Board and Applicant are not bound by this site plan or restrictions in the SLUD. A site plan that best reduces the impacts found in the EIS should be presented. As established in the SLUD, this may require the approval of the Town Board if the site plan changes are "significant ". Page 10, Section VIII. Alternatives. Comments: The State Environmental Quality Review Regulations 6 NYCRR Part 617.14(f)(5) specifically states that the alternatives presented should be "reasonable" and "feasible, considering the objectives and capabilities of the project sponsor." That is the alternatives that are presented should not be ridiculous or render the project infeasible. Rather, the alternatives should result in the same or reduced levels of environmental impacts while still making the project workable from the standpoint of the sponsor (see pages 64 - 66 of SEQR Handbook). • • Page 11, Section X.A.I.a.. Propose that Subsection a. be revised to read: a. What are Ithacare's future plans for additional development on this site (include a description of site access and a sketch of future site plans) Page 12, XI. Appendices, Under Subsection F, add the following location: 6. From the center of the overlook at the NYSDOT sign. Thank you for the opportunity to comment on the Scoping Outline. Sincerely, Dougl fR. i rth r� xc. Town of Ithaca Planning Board Members • y COPY Jay Mattison 985 Danby Road Ithaca NY 14850 -5719 TEL 607.272.6157 FAX 607.272.4353 December 20, 1994 Jonathan Kanter Town Planner Town of Ithaca Ithaca NY 14850 Dear Mr. Kanter, Town of Ithaca Planning Board Members and Members of the Public: RE: Scoping Outline for Draft Environmental Impact Statement regarding the proposed Ithacare Senior Living Community (Draft 3.0) I am providing a copy of this letter for the record and presenting my comments at the public hearing on Tuesday, December 20, 1994, The Scoping Outline for the Draft Environmental Impact Statement regarding the Ithacare Senior Living Community has been well constructed and deserves recognition as such. Following are some specific points I feel need detailed or enhanced emphasis in the final scoping outline document. Page 2, Section III.C.4. This area needs specific definition with regard to flow rates, percent capacity, and impact on the present system volume. This needs to be a thorough analysis not simply the Town Engineer estimating the potential impact. Page 4, Section IV.A.3.a. The term 'steep slopes' must be defined in physical and analytical terms, with specific references, statutes or standards as documentation. Page 6, Section IV.6.2.b. There should be detailed analysis of the physical characteristics of the current and future development trends and pressures in the area In particular, the evaluation of Ithaca College with a physical boundary on one side of a row of single family housing and the proposed development of land on the other side of this "island' of single family dwellings. Page 7, Section N.C. Evaluate the proposed community and its impact on the current residents in the vicinity, especially on the socio- economic aspects of this project's addition to the neighborhood. This should include but is not limited to utility services, traffic /transportation, inter - generational dynamics, and economic impact on real estate and tax roles. Page 8, Section.IV.C.. Evaluate the socio- economic impact of the proposed project on the population in the vicinity and the effect on real estate and tax values. t� - Kanter- Mattison Ithacare... page 2 December 20, 1994 continued... Page 11, Section.X.A.1.a. Require Ithacare to present a comprehensive plan documenting the future development on this site. This should include a review of the Ithacare operating structure, management experience, finances, board membership and conflict -of- interest potential. Page 12, Section.Xl.F. Points as outlined are good, but technical expertise other than Assistant Ithaca Town Planner or other Town of Ithaca employees should be sought to present unbiased, technically sound judgements. Ithacare is an organization that provides needed services to the greater Ithaca community. I feel that Ithacare programs are beneficial in meeting an important role for senior members of our community. I am not opposed to the building and developing a greater scope of Ithacare's services on the parcel under consideration. I do feel that a better location of the building on the site would meet the needs of seniors AND neighbors and the general public. An optimal solution must be developed for the benefit of everyone. After reviewing the material on file for this project, attending several meetings, and .holding discussions with the parties involved, I. strongly feel that there is a large need to have • ;accurate and credible data available. It is my opinion that considerable misinformation has been presented or information based on innuendo has been presented as fact. This is an. important project for the community. It is important that ' all sides be researched and evaluated as the impact will outlast any of the parties involved. Thank you for your consideration and attention. encl. Sincerely, Jay Mattison V a • • TO: Jonathan Kanter, Town of Ithaca Planner From: Deborah Martin S H 983 Danby RD Ithaca NY Date: December 20, 1994 RE: Ithacare Draft Scoping Outline I have studied the draft of the proposed draft Scoping outline and am in full support of the scoping process being carried out as described, feel there are several important areas which will be addressed, namely Description of the Proposed Action (Section Ill) and Environmental Setting (Section I1) and Human Resources (A through E). Given the magnitude of this project I feel it merits a thorough and careful review in the early developmental stages. Following the proposed scoping as a minimum would be a reasonable start toward this review. The additional areas of significance should be added to provide the full scope of the impact. • • t y • • • COPY An Open Letter to the Town of Ithaca Planning Board and the Residents of the Town of Ithaca Aging is inevitable. We are born, nurtured by our families, we start to live, love, and grow to become independent, responsible, caring, enthusiastic and hopefully, happy. We attend school, attain our degrees, choosing a profession that gives us the rewards we seek, be it money, status, self - satisfaction or all of the above. We marry, or not, we have a family if we choose. One day we look in the mirror. We are older, but we are still independent and responsible and wish to remain as such; but now we move more slowly, we no longer drive ourselves to our appointments and luncheons, we don't always have the stamina to perform tasks that in prior years were a snap. Our families (those of us who have them) are busy with their careers and families, rightfully so ... we have been there --we know!! We still need challenges, but some of us have not been so fortunate. We need help walking, with personal care, medication monitoring, and need the ingredient that has been necessary since our birth. You can still label it nurturing. It means we still like to be challenged, both physically and mentally. We have so much knowledge and experience to share if you have the time to care. We know we are loved —but remind us. A little hug, a touch, a word. Help us to remain important to society. We are not dead, we are in the sunset years. Help us to enjoy them as we have much to contribute. You will follow sooner than you realize. Ithacare's plans for its South Hill residence include over 60 one and two bedroom and efficiency apartments. These apartments will help the rapidly growing group of independent seniors who no longer wish to maintain a large home, but want an independent living situation. Tenants will live in their apartments with security and the peace of mind that being part of this new community will bring. Additionally, they will have access to all the activities available to every resident, both on an off the Ithaca College campus, with groups or individually as they choose. Encourage Ithacare and let's build the new residence now. Help make the tomorrows more fulfilling for all of us. To those of you who have negative feelings regarding the new facility, spend a day at Ithacare, talk to residents, take the time to really listen openly. You will be wiser and happier. The Ithacare staff family is a very gifted and caring group. They are doing a super job — Help them continue!! Quality matters!! Aging is inevitable -- -you say you care —do you?? The Ithacare residents do not have time for political games. The average resident age is 82. Sincerely, Anne Butler N.B. My mother, Florence Suydam, spent the last year of her life as a resident of Ithacare. The caring and love she received made this last year easier for her and for me. At the time of her death in 1992, I pledged after my retirement from Cornell (July `93) that I would give at least one day each week to Ithacare. This I have done. I have gained another family and with this a package of joy and tears. I am receiving much more than I am giving. Ithacare makes me smile.