HomeMy WebLinkAboutPB Minutes 1996-03-05TOWN OF' 1.1.11IACA PLANNINV BOARD
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1.26 S;e iioc.i
New York 14850
Tuesday, March 5, 1996
AGENDA
'1:30 P.M. Pt'rSOn to lie heard.
7:35 P.M. PUBLIC HEARING: Consideration of Preliminary and Final
Subdi.vi -lion Approval for t_he proposed subdivision of Town of
thzca Tar. Par-cvel. No. 66-- 3 -3.2, 3.15 -1 -/- acres in size, into
two dots, 0.81 -1 -/- acre and 2.34 +/- acres in size
respectively, locat-ed at 130 Crest Lane, Residence District
I2 15. l ugr'ne f i-i.cllcson aiid Darti.el. Loucks, Owners; Eugene
8:05 P.M. PUBLIC HEARING: Consideration of Preliminary Site Plan
Approval, for t.11e proposed conversion of Bldg, No. 14 in the
C;r :ove Apart--merits complex into a
satel 1. -te ma i tlt:euatice facility proposed to coIlsist of
admi- rlist- rat:i-ve offices, -lunch /meeting room, and carpenter,
.
electrical., paint, lock, glass and pipe maintenance and
repair shops and parking for up to 20 vehicles; the proposed
convers.ioll or Bldg. No. 1.2 into offices and storage facility
for llousekeep:i.rlg st -laff, arid for temporary offices for
c {raclnate sl::rld�nl:s; end c(,)nvc.rsiorl of bldg. No. 1. and Bldg.
No. . . . . .y . . . iyruae suens urng
S:i.bl -ey and Tiaden Halls. The
sit--e is located on 'Town of Ithaca Tax Parcels No. 67 -1 -1.1
aiid 67- 1 -3.21 MR - Multiple Residence District. Cornell
University, Owner; Scott Whitham, Agent.
4. Consideration of request by EcoVillage Coliousing Cooperative
for.- the Pl.aitrri.rrg Board to waive certain of the specified
li.tllitations of the Speci -al. Land Use Distri -ct No. 8 and in the
resolution of Final. Site Plan Approval (dated July 18, 1995)
to all -ow the Building Department to issue building permits
for more t,Itan ten dwelling units prior to completion of the
road, water and sewer. Located on Mecklenburg Road on a
po.rt:.i-ort of Town of It :haca Tax Parcel No. 28- 1- 26.2, Special
1. and Use D:i -st:r. i.ct No. 8 and Residence District R -30,
EcoVil -lage COIlousing Cooperative, Owner /Applicant, House
Craft Builders, Agent.
5. Consideration of resolution consenting to the New York State
Depar-tmerrt of Envi- r-01 Conse.r-vati -on (DEC) actiIlg as Lead
IVIP11cty c11)cic,) 1110 fil.at r l Itv i..1 rinnlf nf:.,�a. Qual.i.l_y Review Act
ellv.i 1,011nlenl:,: t .r :ev.i.ew of_ Llre Cornell Un:i.versiLy
Lake Source C'oolirrg Project,
6. Approval of Minutes: December 19, 1995; February 20, 19960
07 . Other Bus:i.ness .
80 Adjournment,
Jonathan Kanter, AICP
Director of Planning
273 -1747
NOTRt IF ANY NPIMRER OF THE PLANNING BOARD IS UNABLR TO ATTEND, PLF.ASR NOTIFY STARR NAYS AT 273 -1747.
(A quorum of four (4) members is necessary to conduct Planning Board business.)
t'llr N.-1171e; r; \tflles \lrlrvrevet \1 hlankr, \03- 05- o6.nq,1
TOWN OF ITHACA PLANNING BOARD
• March 5, 1996
FILED
TOWN OF ITHACA
-bare X9/96
Clerk _122
The Town of Ithaca Planning Board met in regular session on
Tuesday, March 5, 1996, in Town Hall, 126 East Seneca Street,
Ithaca, New York at 7:30 p.m.
PRESENT: Chairperson Candace Cornell, Eva Hoffmann, James
Ainslie, Herbert Finch, Robert Kenerson, Fred Wilcox,
Gregory Bell, Jonathan Kanter (Director of Planning),
George Frantz (Assistant Town Planner), John Barney
(Attorney for the Town), Daniel Walker (Director of
Engineering),
ALSO PRESENT: Rick Bogusch, P. Loucks, M. Loucks, A. Lentini,
Bill Szabo, Jim Pung, Shirley Egan, Scott Whitham,
Robert Bland, Jerry & Claudia Weisburd, Robert
Meabe, Karen Smith, John & Jen Bokaer- Smith,
Marcie Boyd, Jim ? (illegible), Deena Berke, Nancy
Bram, Jared Jones, Maria Gasser, Cisela E. Wildes,
Karen Knudson, ? Fox (illegible), Sandra Wold,
Joan Bokaer,
Chairperson Cornell declared the meeting duly opened at 7:38
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 February 26, 1996, and February
28, 1996, said Notice was served upon the applicants and /or
agents, as appropriate, on February 29, 1996. (Affidavit of
Posting and Publication is hereto attached as Exhibit #1)
Chairperson Cornell read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State,
Office of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD
There were no persons present to be heard. Chairperson
Cornell closed this segment of the meeting.
PUBLIC
SUBDIVISION
FINAL
PRELIMINARY AND
SUBDIVISION OF
TOWN OF ITHACA PLANNING BOARD
• March 5, 1996
FILED
TOWN OF ITHACA
-bare X9/96
Clerk _122
The Town of Ithaca Planning Board met in regular session on
Tuesday, March 5, 1996, in Town Hall, 126 East Seneca Street,
Ithaca, New York at 7:30 p.m.
PRESENT: Chairperson Candace Cornell, Eva Hoffmann, James
Ainslie, Herbert Finch, Robert Kenerson, Fred Wilcox,
Gregory Bell, Jonathan Kanter (Director of Planning),
George Frantz (Assistant Town Planner), John Barney
(Attorney for the Town), Daniel Walker (Director of
Engineering),
ALSO PRESENT: Rick Bogusch, P. Loucks, M. Loucks, A. Lentini,
Bill Szabo, Jim Pung, Shirley Egan, Scott Whitham,
Robert Bland, Jerry & Claudia Weisburd, Robert
Meabe, Karen Smith, John & Jen Bokaer- Smith,
Marcie Boyd, Jim ? (illegible), Deena Berke, Nancy
Bram, Jared Jones, Maria Gasser, Cisela E. Wildes,
Karen Knudson, ? Fox (illegible), Sandra Wold,
Joan Bokaer,
Chairperson Cornell declared the meeting duly opened at 7:38
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 February 26, 1996, and February
28, 1996, said Notice was served upon the applicants and /or
agents, as appropriate, on February 29, 1996. (Affidavit of
Posting and Publication is hereto attached as Exhibit #1)
Chairperson Cornell read the Fire Exit Regulations to those
assembled, as required by the New York State Department of State,
Office of Fire Prevention and Control.
AGENDA ITEM: PERSONS TO BE HEARD
There were no persons present to be heard. Chairperson
Cornell closed this segment of the meeting.
PUBLIC
SUBDIVISION
HEARING: CONSIDERATION OF
APPROVAL FOR THE PROPOSED
PRELIMINARY AND
SUBDIVISION OF
FINAL
TOWN OF
ITAHCA TAX PARCEL NO. 66- 3 -3.21 3.15± ACRES IN SIZE, INTO TWO
LOTS, 0.81± ACRE AND 2.34± ACRES IN SIZE RESPECTIVELY, LOCATED AT
130 CREST LANE, RESIDENCE DISTRICT R -15. EUGENE ERICKSON AND
DANIEL LOUCKS, OWNERS; EUGENE ERICKSON, AGENT,
Chairperson Cornell
asked if there were any
environmental impacts as
• Eugene Erickson of
introduced Pete Loucks o
opened this segment of the meeting and
comments regarding any possible
a result of the proposed subdivision.
19 Fairway Drive, addressed the Board and
f 116 Crest Lane and Rick Bogusch of
•
Planning Board Minutes 2
APPROVED: March 19, 1996
March 5, 1996
Cornell
University Plantations to the Board. Mr.
Erickson stated
that he
and Mr. Loucks own the property
located
at 130 Crest Lane
and was
asking for subdivision approval
in order
to give 2 -1/2
acres of
property to Cornell University
Plantations
for
preservation
and research purposes, and
use the
remaining land
for the
house that
is already
there.
Chairperson Cornell asked if there were any comments of
concerns related the environmental issues.
Board Member Fred Wilcox stated that there are clearly no
environmental impacts and there are 2 -1/2 acres which is being
given to Cornell University Plantations and there will be no
structures built on that portion of the land.
MOTION by Fred Wilcox, seconded by Gregory Bell:
WHEREAS:
1. This action is the consideration of a Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No, 66- 3 -3.2, 3.15± acres in size, into
two lots, 0.81± acre and 2.34± acres in size respectively,
located at 130 Crest Lane, Residence District R -15, Eugene
Erickson and Daniel Loucks, Owners; Eugene Erickson, Agent,
and
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 Subdivision
Approval, and
3. The Planning Board on March 5, 1996, has reviewed and
accepted as adequate a short Environmental Assessment Form
Part I submitted by the applicant and a Part II prepared by
the 'Town Planning Department, a survey entitled "Survey Map
of Lands of Martha Hertel, Crest Lane, Town of Ithaca,
Tompkins County, New York" prepared by Allen T. Fulkerson,
L.S. dated December 26, 1995, and other application
materials, and
4. The Town Planning staff has recommended a negative
determination of environmental significance with respect to
the proposed subdivision;
NOW, THEREFORE, BE IT RESOLVED,
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,
Planning Board Minutes 3 March 5, 1996
• APPROVED: March 19, 1996
an Environmental Impact Statement will not be required.
There being no further discussion, the Chair called for a
vote.
Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Cornell 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 Cornell stated that she was very pleased with
this project and the willingness of the applicants to preserve
the land.
Mr. Erickson stated that Cornell University owns the area
along Fall Creek, and the lower part of his property is very
steep from the crest of the hill to the fence line. Mr. Erickson
stated that the idea is to have this steep section preserved, so
he spoke with representatives at Cornell University Plantations
• whose interest is to use this space as an biological laboratory
because it has one of the nicest stands of goldenrod in the area.
Mr. Erickson stated that goldenrod is one of the few plants that
bloom in the fall. Mr. Erickson stated that their intent is to
give the land to Cornell University Plantations with a
restriction of no building on that site. Mr. Erickson stated
that the remaining land would be for the house itself.
Board Member Wilcox asked who is living in the house.
Mr. Erickson responded that no one is living in the house
currently. Mr. Erickson stated that Martha Hertel lived there
until February 15, 1996, and then sold it to Mr. Loucks and
himself, and moved into the Kendal at Ithaca development. Mr.
Erickson stated that there is a studio apartment in the basement
of the house and that he and Mr. Loucks intend to sell the house.
Board Member Eva Hoffmann stated that she needed
clarification regarding what portion of the 0.81 acre parcel is
to be dedicated to the Town of Ithaca, and asked that the
location of that portion of land be pointed out on the
subdivision map.
Assistant Town Planner George Frantz showed the area to be
dedicated to the Town of Ithaca to the Members of the Board. Mr.
• Frantz stated that the Town is requesting that portion of the
0.81 acre lot in order to provide a turn around for Town snow
plows. (Map showing location of the portion to be dedicated to
Planning Board Minutes 4 March 5, 1996
0 APPROVED: March 19, 1996
the Town of Ithaca is hereto attached as Exhibit #2.)
Board Member Hoffmann asked where in the documentation for
this project it was stated that there would be no building on the
part of the land that it being given to Cornell University
Plantations.
Rick Bogusch of 20 Bald Hill Road and a representative of
Cornell University Plantations addressed the Board and stated
that the agreement with Mr. Erickson, Mr. Loucks, and the Cornell
University Plantations is being drawn up by Cornell University
legal council, Shirley Egan, and in that deed there will be a no-
build restriction for this property.
Board Member Hoffmann stated that she felt that the Planning
Board resolution should have some language to insure that there
is not going to be any building allowed on that portion of this
property.
Attorney for the Town John Barney addressed the Board and
stated that this would have to be consolidated with Cornell
University Plantations land because there is no access or road
frontage within six months. If Cornell University Plantations
• wishes to subdivide at some point in the future, they need to
come before this Board for approval at that time.
Chairperson Cornell asked if Shirley Egan was preparing a
deed for this portion of the property, and if a requirement of
this approval could be that a copy of the deed be submitted to
the Town or if the Planning Board resolution needed to include
specific language to insure that there be no building on the
dedicated portion of this subdivision.
Attorney
Barney stated
that he would
like to receive a copy
of the deed to
review, but
that the Board
should include the deed
restriction as
a condition
in the
resolution
of approval.
Chairperson Cornell asked if gazebos, benches or other
structures would be allowed on this property for educational
purposes.
Mr. Bogusch responded that no structures would be allowed to
be built on that property.
Attorney Barney stated that the restriction could be that no
structures be allowed without further review from the Planning
Board.
• Board Member Gregory Bell asked what the purpose of the
dedication of land to the Town of Ithaca was be.
Planning Board Minutes 5 1 March 5, 1996
• APPROVED: March 19, 1996
Director of Engineering Daniel Walker addressed the Board
and stated that right now, there is no place to turn around on
Town property, which opens some liability questions for the Town.
Crest Lane is somewhat below Town standards as far as width and
turnaround space for the snowplows. Mr. Walker stated that there
is a problem with part of the roadway because the Hertel Property
comes down to an odd - shaped piece of land, which is at the end of
the street, and ownership is shared by Ms. Hertel, Cornell
University, and adjoining landowners. The Town would like to
resolve that so the entire right -of -way is owned by the Town of
Ithaca. Mr. Walker stated that the mechanism that could be used
to accomplish that could be a quitclaim deed from the adjoining
landowners giving that land to the Town, which would give
adequate protection to the Town of Ithaca.
Board Member Bell
stated that
this subdivision is
probably
the best opportunity
the Town has
to close the gap, so
why
doesn't the Board use
this project
as a way to accomplish
that.
Assistant Town Planner Frantz stated that the problem is
that the land in question is outside the application which is
being considered tonight. Mr. Frantz stated that this could be
resolved later or between the Town of Ithaca and the adjoining
landowners. Tonight the Board is considering this proposal which
will give the Town half of that odd - shaped piece of property, and
the Town can address the remaining landowners portion at another
time. Mr. Frantz stated that there is no sense of urgency on the
part of the Town Highway Department.
Director of Engineering Walker stated that, in his opinion,
it is not appropriate to tie this problem to the subdivision
before the Board tonight. Mr. Walker stated that it is a
coincidence that one of the adjoining landowners is also involved
in this subdivision. Mr. Walker stated that he will pursue this
matter to be sure it is resolved. The amount of land that is
being asked for in conjunction with this proposal is a strip of
land that is 70 feet by 45 feet, which would give plenty of room
to maneuver and allow access there.
Chairperson Cornell noted that this is a Public Hearing and
asked if anyone from the public wished to speak on this matter.
No one spoke. Chairperson Cornell closed the Public Hearing and
brought the matter back to the Board.
There being no further discussion, the Chair asked if anyone
were prepared to offer a motion.
MOTION by Eva Hoffmann, seconded by Herbert Finch:
• WHEREAS:
Planning Board Minutes 6 March 5, 1996
• APPROVED: March 19, 1996
1. This action is the Consideration of a Preliminary and Final
Subdivision Approval for the proposed subdivision of Town of
Ithaca Tax Parcel No. 66- 3 -3.2, 3.15 +/- acres in size, into
two lots, 0.81 +/- acre and 2.34 +/- acres in size
respectively, located at 130 Crest Lane, Residence District
R -15, Eugene Erickson and Daniel Loucks, Owners; Eugene
Erickson, Agent, and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as lead agency in environmental
review with respect to Subdivision Approval, has, on March
51 1996, made a negative determination of environmental
significance, after having reviewed and accepted as adequate
the Short Environmental Assessment Form Part I, prepared by
the applicant, and a Part II prepared by the Town Planning
staff, and
3. The Planning Board, at a Public Hearing held on March 5,
1996, has reviewed and accepted as adequate a plat entitled
"Survey Map of Lands of Martha Hertel, Crest Lane, Town of
Ithaca, Tompkins County, New York" prepared by Allen T.
Fulkerson, L.S. dated December 26, 1995, and other
application materials,
• NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary and Final Subdivision Approval,
as shown on the Preliminary and Final Subdivision Checklist,
having determined from the materials presented that such
waiver will result in neither a significant alteration of
the purpose of subdivision control nor the policies
enunciated or implied by the Town Board, and
2. That the Planning Board hereby grants Preliminary and Final
Subdivision Approval
for
the proposed subdivision of
Town of
Ithaca Tax Parcel No.
66-
3 -3.2, located at 130 Crest
Lane,
as shown on the plat
entitled
"Survey Map of Lands of
Martha
Hertel, Crest Lane,
Town
of Ithaca, Tompkins County,
New
York" prepared by Allen
T. Fulkerson, L.S. dated December
26, 1995, and other
application
materials, subject to
the
following conditions:
a, within six months of this approval, conveyance of the
+/- 2.34 acre parcel to be created to, Cornell
University, the owner of Tax Parcel No. 65 -1 -1, and
delivery to the Town Planner of a copy of the recorded
deed to such owner, and a copy of the communication
• from such owner to the Tompkins County Division of
Assessment requesting consolidation of said parcel with
Tax Parcel No. 65 -1 -1;
Planning Board Minutes 7 March 5, 1996
• APPROVED: March 19, 1996
b, submission for signature by the Planning Board
Chairperson of an original or mylar copy and four (4)
paper copies of the approved plat, with required
Surveyor's Certification, prior to filing with the
Tompkins County Clerk's office,
C, the granting of any required variances by the Zoning
Board of Appeals prior to signing of the plat by the
Chair of the Planning Board;
d, within six months of this approval, dedication to the
Town of Ithaca of that portion of the proposed 0.81
acre parcel as shown on the above - referenced survey map
beginning at the "Pin to be Set" at the southwest
corner of said parcel, thence N 12d 29' E 70 feet along
the boundary with Loucks, thence N 77d 27' E +/- 45
feet to the "Proposed New Division Line ", thence S 12d
49' W +/- 70 feet along said new division line to a
"Pin to be Set ", thence N 77d 27' W 44.2 feet to place
of beginning;
e, revision of the subdivision plat to show the above
dedication to the Town of Ithaca prior to signing of
• the plat by the Planning Board Chairperson.
f. approval of the deed to Cornell University, to include
language prohibiting construction of any structures on
the conveyed property without approval of the Town
Planning Board, by the Attorney for the Town prior to
signing of the Final Subdivision Plat by the Planning
Board Chairperson.
There being no further discussion, the Chair called for a
vote.
Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Cornell declared the matter of Preliminary and
Final Subdivision Approval for 130 Crest Lane to be duly closed
at this time.
PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN
APPROVAL FOR THE PROPOSED CONVERSION OF BUILDING NO, 14 IN THE
CORNELL UNIVERSITY PLEASANT GROVE APARTMENTS COMPLEX INTO A
SATELLITE MAINTENANCE FACILITY PROPOSED TO CONSIST OF
• ADMINISTRATIVE OFFICES, LUNCH /MEETING ROOM, AND CARPENTER,
ELECTRICAL, PAINT, LOCK, GLASS AND PIPE MAINTENANCE AND REPAIR
SHOPS AND PARKING FOR UP TO 20 VEHICLES; THE PROPOSED CONVERSION
Planning Board Minutes 8 March 5, 1996
0 APPROVED: March 19, 1996
OF BUILDING NO. 12 INTO OFFICES AND STORAGE FACILITY FOR
HOUSEKEEPING STAFF, AND FOR TEMPORARY OFFICES FOR GRADUATE
STUDENTS; AND CONVERSION OF BUILDING NO 1 AND BUILDING N0, 2 INTO
TEMPORARY OFFICES FOR GRADUATE STUDENTS DURING THE COURSE OF
RENOVATION TO SIBLEY AND TJADEN HALLS, THE SITE IS LOCATED ON
TOWN OF ITHACA TAX PARCELS NO. 67 -1 -1.1 AND 67- 1 -3.2. MR -
MULTIPLE RESIDENCE DISTRICT. CORNELL UNIVERSITY, OWNER; SCOTT
WHITHAM, AGENT.
Chairperson Cornell declared the above -noted matter duly
opened and asked if there were any concerns, questions, or
comments regrading possible environmental impacts that this
project may cause.
Scott Whitham of 571 Spencer Road, Ithaca, addressed the
Board and stated that he represented Cornell University for this
project. Mr. Whitham stated that on the advice of the
Conservation Board, the Planning Board and Planning staff, there
have been a number of changes to the proposal to mitigate any
potential environmental impacts that might have resulted from the
sketch plan which was brought before this Board approximately one
month ago. Mr. Whitham stated, referring to the Site
Improvements at Building No. 14, the Parking Plan, as per
• discussions with the Conservation Board, Planning Board and
Planning staff, the 18 easternmost parking spaces have been moved
away from the edge of the gorge, which is a Unique Natural Area,
by 10 to 12 feet. That area would have railroad tie curb stops.
Mr. Whitham stated that the edge of the ravine will be stabilized
by vegetation and gravel.
Chairperson Cornell stated that she had hoped that Cornell
University Plantations would vegetate that part of the parking
area being discussed. Chairperson Cornell asked Rick Bogusch of
Cornell University Plantations if he felt that the Plantations
would be willing to revitalize that slope.
Mr. Bogusch stated
that he
could
not make a commitment, but
would review the plans
and check
with
the Plantations about
helping or advising Mr.
Whitham
on this
project.
Board Member Hoffmann stated that the contour lines, shown
on the site plan, go through parking spaces number 15 through 18.
Mr. Whitham stated that the contour lines were a graphic
error because when the site was paced out, there was more
distance than what appears on the drawings. Mr. Whitham stated
that Assistant Town Planner Frantz, Chairperson Cornell, and
• Conservation Chairman Phillip Zarriello walked the site with him
and thought that things were alright with the site plans. Mr.
Whitham stated that since the project does not require any major
Planning Board Minutes 9 March 5, 1996
APPROVED: March 19, 1996
grading in the area, a full topographic survey was not completed
of this site.
Board Member Hoffmann stated that all documentation states
that there will be parking for up to 20 vehicles, but that the
site plan shows only 18 spaces.
Mr Whitham stated that there will be two shifts of workers;
one shift of seven people, and the second shift would have 16
people. Mr. Whitham stated that all 20 employees would not be on
the site at the same time, and that 18 spaces would be
sufficient.
Chairperson Cornell asked if there would be parking parallel
to Building No, 14,
Mr. Whitham stated that if necessary, there is room for
temporary parking parallel to Building No, 14,
Board Member Hoffmann stated that at the last meeting she
recalled the Planning Board asking that the parking in that area
be eliminated.
• Board Member Wilcox stated that at the last meeting the
Planning Board said to remove the parking spaces from the front
of Building No. 14, and those spaces are not shown on the revised
site plan, although there were spaces indicated on the previous
plan.
Mr. Whitham stated that there should be no need for even the
18 parking spaces, however people do park in this area on Friday
nights when Fuertes Observatory is open.
Board
Member
Hoffmann
stated that she
felt that the
resolutions
should
reflect
18 spaces not 20
spaces.
Mr. Whitham stated that other mitigation measures taken were
to put a barrier between Building Numbers 12 and 14, and 19
viburnum are proposed to be planted. Mr. Whitham stated that
Town staff suggested planting evergreens as an additional buffer.
Chairperson Cornell stated that the bowl referred to in
discussions creates a visual barrier between the residential
areas and Building No. 14 anyway. Chairperson Cornell stated
that Cornell University has agreed to keep work contained within
Building No. 14.
Mr. Whitham stated that the work would be completely
• contained inside Building No. 14, and that there was no outside
work or storage intended on this site. Mr. Whitham stated that
the plantings would create a physical and a visual barrier for
Planning Board Minutes 10 March 5, 1996
Is APPROVED: March 19, 1996
these buildings. I.
Chairperson Cornell stated that at the last meeting there
was also discussion of blocking passage between Buildings 12 and
14.
Mr. Whitham stated that he did not understand why one would
want to block passage between those buildings.
Assistant Town Planner stated that,
between buildings was more of a concern,
University is proposing two entries to B
parking lot side, which will cut off the
University staff to walk around building
it. Mr. Frantz stated that because they
parallel parking along Building No. 14,
at one point, passage
however, now Cornell
uilding No. 14 on the
need for Cornell
14 to gain entrance to
eliminated the proposed
Director of Planning Jonathan Kanter stated that there will
be relatively little signs on the exterior of the building of the
activities that will be going on at this site.
Board Member Hoffmann stated that she had asked at the last
meeting that Cornell University check into having the staff that
would service the housing handled directly from the maintenance
facility nearest to those places needing those services.
Mr. Whitham stated that this
primarily north campus, primarily
it. Mr. Whitham stated that they
tickets of where there have been
three years, and overwhelming the
residential areas.
satellite shop will serve
the residential areas around
have since then looked at the
maintenance jobs over the last
calls were to the north campus
Board Member Hoffmann stated that her point was to try to
decrease any traffic that would have to go through the
residential areas of the Town.
Assistant Town Planner Frantz asked if Mr. Whitham could
tell the Board how many jobs are done on an annual basis.
Mr. Whitham stated that they had the last three years of
work tickets pulled and looked at the number of service calls
made. Mr. Whitham stated that from July 1, 1992 to July 1, 1993,
the total number of job calls to Maplewood, Cascadilla, Sheldon
Court, and Hughes Hall, which would be the ones that Ms. Hoffmann
is concerned with, were 529; then adding the north campus tickets
equals 3,016. From July 1, 1993 to July 1, 1994, the total
number of jobs for Maplewood, Cascadilla, Sheldon Court, and
Hughes Hall were 328; then adding the north campus ticket equals
3,278. From July 1, 1994 to July 1, 1995, the total number of
jobs for Maplewood, Cascadilla, Sheldon Court, and Hughes were
Planning Board Minutes 11 March 5, 1996
• APPROVED: March 19, 1996
221; then adding the north campus ticket equals 1,340.
Chairperson Cornell asked why there was a general decline.
Mr. Whitham stated that he did not know, maybe they did a
more efficient job, maybe things just did not break down as much,
it is impossible to tell.
Assistant Town Planner Frantz stated that the above numbers
work out over a year totaling 250 workdays to someone having to
drive to Maplewood and back once every two or three days.
Board Member Wilcox stated that he was concerned with the
Unique Natural Area, and asked Chairperson Cornell if she felt
that the parking area had been moved far enough away to protect
that area.
Chairperson Cornell stated that she felt it would be far
enough away provided Cornell University Plantations comes up with
the property stabilizing vegetation. Ms. Cornell stated that she.
was very concerned about the slope, and that she thinks that the
Plantations could take this project on and do a wonderful job
with.
• Rick Bogusch stated that he can not commit to Ms. Cornell's
proposal, but was willing to discuss the project with Mr.
Whitham,
Assistant Town Planner Frantz stated that Mr. Whitham could
provide a low berm of no more than 18 inches beyond the railroad
ties to add a more visual barrier.
Mr. Whitham stated that it was certainly to Cornell
University's advantage to stabilize that area.
Chairperson Cornell stated that the area near the light post
is eroding and needs some help, and she is sure that the
Plantations could work with it.
Mr. Bogusch stated that he would have to check to see if
this is part of the Plantations managed land to see if they have
any authority there or not.
Director of Planning Kanter stated that another way of
saying that is to say that landscaping should be coordinated
between the different parts of Cornell University that are
involved here, and if necessary, the division that is sponsoring
this project be responsible for vegetation along the slope and
• parking areas.
Attorney Barney stated that a condition of the Final
Planning Board Minutes 12 March 5, 1996
• APPROVED: March 19, 1996
approval could be that the Planning Board be provided with a
planting plan that shows what stabilizes the slope and when it
would be in place.
Board Member Bell Asked if the slope of the parking lot
would be away from the gorge so that the 6 -inch berm along the
ridge line would be adequate.
Mr. Whitham stated
that
the
issue would be to contain any
stormwater that may come
off
this
lot, the water would flow south
along the railroad track
and
slow
a substantial amount of water,
and it would eventually
go to
the
gorge.
Mr. Bogusch stated that the surface would be gravel and
would not allow a lot of runoff on this site.
were.
Board Member Bell asked how permanent the rail road ties
Mr. Whitham stated that they last from 15 to 20 years.
There appearing to be no further discussion regarding the
environmental impacts of this project, Chairperson Cornell asked
• if anyone were prepared to offer a motion of environmental
significance.
MOTION by Gregory Bell, seconded by James Ainslie:
WHEREAS:
1. This action is the Consideration of Preliminary Site Plan
Approval for the proposed conversion of Bldg. No. 14 in the
Cornell University Pleasant Grove Apartments complex into a
satellite maintenance facility proposed to consist of
administrative offices, lunch /meeting room, and carpenter,
electrical, paint, lock, glass and pipe maintenance and
repair shops and parking for up to 18 vehicles; and
conversion of Bldg. No, 1, Bldg. No. 2, and Bldg. No. 12
into temporary offices for graduate students during the
course of renovations to Sibley and Tjaden Halls. The site
is located on Town of Ithaca Tax Parcels No. 67 -1 -1.1 and
67- 1 -3.21 MR - Multiple Residence District. Cornell
University, Owner; Scott Whitham, Agent, and
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 on March 5, 1996, has reviewed and
accepted as adequate a Short Environmental Assessment Form
Planning Board Minutes 13 March 5, 1996
0 APPROVED: March 19, 1996
Pt. I submitted by the applicant and a Part II prepared by
the Town Planning Department, a set of drawings showing the
locations of the subject property, subject buildings, and
proposed modifications to the site prepared by the
applicant, and other application materials, and
4. The Town Planning staff has recommended a negative
determination of environmental significance with respect to
the proposed site plan;
NOW, THEREFORE, BE IT RESOLVED:
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, an Environmental
Impact Statement will not be required.
There being no further discussion, the Chair called for a
vote.
Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
• The MOTION was declared to be carried unanimously.
Chairperson Cornell declared
above -noted matter duly opened at
the Notice of Public Hearings as
noted above. Chairperson Cornell
the public that wished to speak.
Cornell closed the Public Hearing
the Board for discussion.
the Public Hearing in the
8:39 p.m. and read aloud from
posted and published and as
asked if there was anyone from
No one spoke. Chairperson
and brought the matter back to
Board Member Wilcox asked if there were any other proposed
changes to the other buildings compared to the discussion at the
sketch plan a month ago.
Assistant Town Planner Frantz stated that Cornell University
has withdrawn the request for housekeeping in Building No. 12,
and wishes that it be used for temporary student housing.
Board
Member Hoffmann
asked
what
the building
would be used
for after
the temporary offices
are no
longer
needed.
Jim Pung, Director of Space Planning for Cornell University,
addressed the Board and stated that the building would go back to
housekeeping and storage or housekeeping depending on a long
• range plan that is being prepared for housekeeping, if not, it
would revert back to student housing.
Planning Board Minutes 14 March 5, 1996
APPROVED: March 19, 1996
Assistant Town Planner Frantz asked if Cornell University
wanted to retain the option for housekeeping and storage in
Building 12 as part of this proposal.
Mr.
Pung responded,
no.
Mr. Pung stated that Building No.
12 would
be all or none
for
graduate housing.
Chairperson Cornell asked how the Board could be sure that
Building 14 was secure with residential units next door, since
children could live there.
Mr. Pung stated that everything would be locked up, the
visual buffers would be in place, and the outside of the building
would not make it obvious what was inside the building. Mr. Pung
stated that there are children living in the development now, and
that occupancy is at only 400.
Chairperson Cornell stated that there would be an additional
concern of traffic with the children in Building No. 12,
especially with workers checking in and out.
Assistant Town Planner Frantz stated that this project would
produce only low volume traffic.
Also, there are
no back doors
in Building No. 12, so
childrens
activity should
be oriented
• toward the playground
and away from the driveway.
Mr. Frantz
stated that he did not
feel that
traffic would be
very much, or
that there would be a
safety issue should families
more into
Building No. 12,
Board Member Hoffmann stated that she felt that the
plantings, especially evergreens, could block the view from the
residential units in Building 12 for people that want to watch
their children from within the units. Ms. Hoffmann stated that
possibly Cornell University could concentrate the plantings at
Building No. 14 and move them away from Building No. 12,
Scott Whitham agreed, and stated that the plantings proposed
for in front of Building No. 12 be instead added to those between
Building No. 14 and the playground.
There appearing to be no further discussion, Chairperson
Cornell asked if anyone were prepared to offer a motion.
MOTION by Fred Wilcox, seconded by Robert Kenerson:
WHEREAS:
1. This action is the Consideration of Preliminary Site Plan
Approval for the proposed conversion of Bldg. No. 14 in the
Cornell University Pleasant Grove Apartments complex into a
satellite maintenance facility proposed to consist of
•
Planning Board Minutes 15 March 5, 1996
APPROVED: March 19, 1996
administrative offices, lunch /meeting room, and carpenter,
electrical, paint, lock, glass and pipe maintenance and
repair shops and parking for up to 18 vehicles; and
conversion of Bldg: No, 1, Bldg. No. 2, and Bldg. No. 12,
into temporary offices for graduate students during the
course of renovations to Sibley and Tjaden Halls. The site
is located on Town of Ithaca Tax Parcels No. 67 -1 -1.1 and
67- 1 -3.21 MR - Multiple Residence District, Cornell
University, Owner; Scott Whitham, Agent, and
2. This is an Unlisted Action for which the Town of Ithaca
Planning Board, acting as lead agency in environmental
review with respect to Site Plan Approval, has, on March 5,
1996, made a negative determination of environmental
significance, after having reviewed and accepted as adequate
the Short Environmental Assessment Form Part I, prepared by
the applicant, and a Part II prepared by the Town Planning
staff, and
3. The Planning Board, at a Public Hearing held on March 5,
1996, has reviewed and accepted as adequate a set of design
drawings prepared by the applicant entitled "Location Plan,
Pleasant Grove ", 11SP -1 Site Plan ", "Site Plan for Proposed
Site Improvements at Building #14, Pleasant Grove ",
"Planting Plan, Pleasant Grove" and "TMP -211, and other
application materials.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Preliminary Site Plan Approval, as shown on
the Preliminary Site Plan Checklist, having determined from
the materials presented that such waivers will result in
neither a significant alteration of the purpose of site plan
control nor the policies enunciated or implied by the Town
Board, and
2. That the Planning Board hereby grants Preliminary Site Plan
Approval for the proposed conversion of Bldg. No. 14 in the
Cornell University Pleasant Grove Apartments complex into a
satellite maintenance facility proposed to consist of
administrative offices, lunch /meeting room, and carpenter,
electrical, paint, lock, glass and pipe maintenance and
repair shops and parking for up to 18 vehicles; and
conversion of Bldg. No. 1, Bldg, No. 2, and Bldg. No. 12,
into temporary offices for graduate students during the
course of renovations to Sibley and Tjaden Halls, as shown
on the drawings prepared by the applicant entitled "Location
Plan, Pleasant Grove ", 11SP -1 Site Plan ", "Site Plan for
Proposed Site Improvements at Building #14, Pleasant Grove ",
"Planting Plan, Pleasant Grove" and "TMP -211, and other
Planning Board Minutes 16 March 5, 1996
• APPROVED: March 19, 1996
application materials, subject to the following conditions:
a, the granting
of
any required variances by
the Zoning
Board of
Appeals
prior to Final Site Plan
Approval;
b, that there be no outdoor storage of any materials or
supplies used in the operations of the maintenance
facility;
C, that
part
all fabrication or repair work done on site
of the operations of the maintenance facility
as
occur
entirely within
the building;
d, that use of Building Nos, 1, 2, and 12, for temporary
graduate student offices be terminated on or before
January 1, 1999;
e. that the above referenced drawings be revised to
include date of each respective drawing prior to Final
Site Plan Approval;
f. submission of elevation drawings for Building No. 14
showing all new doors proposed for the building prior
• to Final Site Plan Approval;
g1 revision of the planting plan to locate the planting
along the west side of Building Nos. 14 and 12 to just
along the west side of Building 14, and show the
addition of evergreen trees to supplement the proposed
buffer planting for Building No. 14, all prior to Final
Site Plan Approval;
h. revision of the planting plan to show stabilizing
vegetation satisfactory to the Town Planner and this
Board on the slopes adjacent to the east side of the
road and parking areas, prior to Final Site Plan
Approval;
i. revision of the Site Plan to accurately locate the
topographical lines relative to the parking area prior
to the Final Site Plan Approval.
There being no further discussion, the Chair called for a
vote.
Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
• The MOTION was declared to be carried unanimously.
The Board gave Mr. Whitham direction on what area of the
•
•
0
Planning Board Minutes 17
APPROVED: March 19, 1996
March 5, 1996
site plan they wanted to be included in the topographical survey
for the Final Site Plan consideration, and that the revised site
plan and topographical drawing will be submitted for Final Site
Plan Review,
Chairperson Cornell declared the matter of Preliminary Site
Plan Approval for the Pleasant Grove Apartments Renovations to be
duly closed.
AGENDA ITEM: CONSIDERATION OF REQUEST BY ECO VILLAGE COHOUSING
COOPERATIVE FOR THE PLANNING BOARD TO WAIVE CERTAIN OF THE
SPECIFIED LIMITATIONS OF THE SPECIAL LAND USE DISTRICT NO, 8 AND
IN THE RESOLUTION OF FINAL SITE PLAN APPROVAL (DATED JULY 18,
1995) TO ALLOW THE BUILDING DEPARTMENT TO ISSUE BUILDING PERMITS
FOR MORE THAN TEN DWELLING UNITS PRIOR TO COMPLETION OF THE ROAD,
WATER AND SEWER, LOCATED ON MECKLENBURG ROAD ON A PORTION OF
TOWN OF ITHACA TAX PARCEL NO, 28 -1 -26.2, SPECIAL LAND USE
DISTRICT NO. 8 AND RESIDENCE DISTRICT R -30, ECO VILLAGE COHOUSING
COOPERATIVE, OWNER /APPLICANT; HOUSE CRAFT BUILDERS, AGENT,
Chairperson Cornell declared the above -noted matter duly
opened and read aloud from the Planning Board agenda as posted
and as noted above.
Jerry Weisburd of 167 Calkins Road and of House Craft
Builders, addressed the Board and stated that they have applied
for Building Permits for 30 units from the Town of Ithaca, and
was appearing before the Board to request that the condition in
the Special Land Use District, which limits the number of
Building Permits to not more than 10 dwelling units prior to the
completion of road, water and sewer. Mr. Weisburd stated that
they hope to apply soon, for a Building Permit for the common
house. Mr. Weisburd stated that the conditions being referred to
are:
Condition 1.
Mr. Weisburd
If the plans for the
sewer line and water
by the Town Engineer
Superintendent.
stated that they have
road or related access,
line have been approved
and Town Highway
all been approved.
Condition 2. If work has commenced on the construction of
the road, secondary access, sewer and water,
and is progressing with sufficient rapidity
that it is reasonable to expect that it will
be completed before any Certificates of
Occupancy for any dwelling units are issued.
Mr. Weisburd stated that the infrastructure, at this point,
is largely complete. The main road with the exception of the top
course of gravel has been done, the secondary road has been
graded and is waiting for some gravel, the sewer line has been
installed, inspected, largely certified, only a little bit of
Planning Board Minutes 18 March 5, 1996
0 APPROVED: March 19, 1996
work remains on that; the water line has been put in in its
entire length, and the building for the pumps has been erected
and they are currently waiting for the machinery. Gas, electric,
and telephone service is 100 percent complete.
Condition 3. It would be a substantial hardship for one
or more individuals to delay construction of
more than 10 dwelling units.
Mr. Weisburd stated that he was sure that there are many
people that will attest to that. Mr. Weisburd stated that it is
vital to the whole concept of cohousing that people move in and
create a community, and it is not done piece -meal, so that is one
reason for the need for all Building Permits, Mr. Weisburd
stated that another reason is that by the very act of putting in
all of that infrastructure, several hundred thousand dollars has
been spent by these residents, who now do not have a house to
show for it, so the longer it takes for them to move in, the
longer the money is not living money, it is money that they have
to pay interest on, which is also an extreme hardship.
Condition 4. There is proof provided to the Town Engineer
and Planning Board that there is adequate
financial support available to the developer
to complete the road water and sewer. Such
proof be in the form of a dedicated escrow
account, performance bond, letter of credit,
or other proof satisfactory and acceptable to
the Town Engineer, Attorney for the Town, and
the Planning Board.
Mr. Weisburd stated that documentation has been submitted on
that and that he believes that it is satisfactory.
Condition 5. The Town Engineer and Town Highway
Superintendent recommend granting this
waiver.
Mr. Weisburd stated that this letter, dated 2/5/96 from
House Craft Builders constitutes the request for this
recommendation.
Mr. Weisburd referenced the letter submitted by House Craft
Builders which outlines the conditions that they are requesting
be waived. (Letter dated 2/5/96 from House Craft Builders is
attached hereto as Exhibit #3)
Chairperson Cornell stated that Director of Engineering
Daniel Walker had submitted a memorandum to the Planning Board,
dated 2/27/96 regarding this request and he felt that the
conditions have been met and or reflected in the conditions of
the proposed resolution given to the Planning Board for
consideration.
Director of Engineering Walker stated that the conditions
listed in the memorandum he had written on February 27, 1996,
have all been met at this time.
Planning Board Minutes 19 March 5, 1996
• APPROVED: March 19, 1996
Director of Engineering Walker stated that the Town has a
letter from the bank, stating that the applicants have a sum in
excess of the estimate, of $58,000 to complete work. Mr. Walker
stated that he agrees with those numbers. Mr. Walker stated that
the letter from the bank says there is a balance in their account
that exceeds the amount of money needed to complete the road
work.
Attorney
Barney
asked
what assurance
the
Town has that the
money would be
used
for the
completion of
the
infrastructure.
Claudia Weisburd of House Craft
Builders,
addressed the
Board and stated that there
is an account at the
bank, it is
not
a dedicated escrow account,
but they
have done
90 percent of
the
infrastructure already, and
the main
thing is
that they do have
their construction financing
commitment and will
be closing
on
the construction loan in a matter
of
a couple
of weeks, in
addition to that money they
have the
committed
construction
loan
from the bank.
Attorney Barney stated that the reason that condition was
put in the legislation to begin with was to make sure that if the
Town granted more permits that there would be a dedicated fund
is that would be utilized for that purpose and no other purpose,
which would give assurance that the road would be completed.
Ms. Weisburd stated that her understanding was that the
account be dedicated or that there be a letter of credit or other
for satisfactory documentation to the Board, which does not
specifically ask for the money to be dedicated.
Attorney Barney stated that the funds could be dedicated in
a number of ways, deposit cash with the Town of Ithaca, a letter
of credit, and other ways. Attorney Barney stated that the
purpose of it was to be sure that there are funds that would not
be used for some other purpose, but only for this purpose.
Ms. Weisburd stated that she thinks it is obvious that since
they have already paid out $300,000 they will go the remaining
$60,000 in the course of the next few months. Ms. Weisburd
stated that she would hate to have the group have to open another
account.
Attorney Barney stated, if that is the case, then he does
not see a problem with dedicating the funds, if the money is not
going to be used for another purpose, then he would not feel
comfortable. Attorney Barney asked if there was some way the
applicant could dedicate that amount for the purpose of
• completion of the infrastructure; whether it is a letter from the
bank saying that it will not be drawn upon until the Town signs
off on it, or something like that. Attorney Barney stated that
Planning Board Minutes 20 March 5, 1996
APPROVED: March 19, 1996
may be the easiest way and would not require a separate account
being opened.
Ms. Weisburd stated, of course it can be done, but the
people here have paid out $300,000 in cash and cash flow is an
important thing to them. Ms. Weisburd stated that they have
managed to spend $300,000 on their infrastructure, they have a
construction loan from the bank that will finance the rest of the
infrastructure as well as the houses. In terms of their cash
flow, Ms. Weisburd stated that she thinks that it is reasonable
to allow them to not dedicate that money.
Attorney Barney stated that they are asking to be able to
use the money in the bank for purposes other than doing this
infrastructure with the expectation that it will be replenished
I
n some fashion at some other time.
Ms. Weisburd responded, correct, in order to facilitate
their cash flow Ms. Weisburd stated that the evidence is that
they have already invested $300,000 in cash, and will go the
extra amount needed, they have the construction loan wrapped up
with the bank, and it is inconceivable that they would not manage
• to come up with the amount needed to complete the road.
Chairperson Cornell asked when they anticipated the
construction loan to close.
Ms. Weisburd responded they have the commitment from the
bank, and obviously they want to actually close that loan as late
as possible, in terms of interest.
Chairperson Cornell asked if there was a dedication in the
construction loan.
Ms. Weisburd responded, no, but the loan is adequate to
cover the expense to complete the infrastructure. The target for
closing on the loan was mid - March.
Director of Engineering Walker asked if there was a
condition on that loan that the Building Permits be in hand.
Ms. Weisburd responded, no.
Chairperson Cornell asked how many Building Permits were
being requested.
Ms. Weisburd responded, all of them.
• Chairperson Cornell asked what the condition of the site
was.
Planning Board Minutes 21 March 5, 1996
0 APPROVED: March 19, 1996
Director of Engineering
Walker stated
that
the condition
of
the site is very good. Mr.
a little bit muddy as Spring
Walker stated
approaches, and
that
part
the road would
of the concern
get
was with the heavy construction
traffic on
the
access road
would
cause some disturbance. Mr.
provisions made to maintain
good job maintaining it so far.
Walker stated
that road, and
that
they
there have
have been
been
doing a
Chairperson Cornell stated that the reason for limiting the
number of Building Permits was to insure the condition of the
road and maintain the environmental stability of the site, and
that they be able to come in and complete the building.
conditions of the original approval and of the SLUD.
Chairperson Cornell asked how the Attorney for the Town,
John Barney felt about this waiver request.
iAttorney Barney stated that the reason for the dedicated
funds was to assure that the infrastructure was completed. The
Town has had problems with similar situations in other areas of
the Town, which lead to a lot of unhappy people without adequate
access, but they had received Certificates of Occupancy because
they have their life savings tied up in the house. Attorney
Barney stated that it is a reasonable condition to have for this
project, but that it is the Board's decision.
Chairperson Cornell asked if there was a way to dedicate
part of the construction loan for the completion of the
infrastructure.
Director of Engineering Walker stated,
based
on what he has
seen
in the
last eight months of construction
and
activities up
there,
he is
pretty confident that they are
going
to maintain the
flow
they are
doing and maintain the access.
Mr.
Walker stated
that
he felt
confident in saying that they
are meeting the
conditions of the original approval and of the SLUD.
Chairperson Cornell asked how the Attorney for the Town,
John Barney felt about this waiver request.
iAttorney Barney stated that the reason for the dedicated
funds was to assure that the infrastructure was completed. The
Town has had problems with similar situations in other areas of
the Town, which lead to a lot of unhappy people without adequate
access, but they had received Certificates of Occupancy because
they have their life savings tied up in the house. Attorney
Barney stated that it is a reasonable condition to have for this
project, but that it is the Board's decision.
Chairperson Cornell asked if there was a way to dedicate
part of the construction loan for the completion of the
infrastructure.
that they reap enough profit, but in this case, these are being
financed directly by the people that wish to live there. Mr.
Weisburd stated that it is a question of need, they need money to
be able to work with.
Chairperson Cornell asked if they could dedicate funds for
. construction purposes.
Mr. Weisburd responded, no, because they need the money to
Mr. Weisburd addressed the Board
and stated that
the
problem
is
that the mortgage
that
the people are
going to get
to
pay for
the
house is going to
help
pay for the
final payments
and
then
the
cash flow can be
used
to get this
project going.
Mr.
Weisburd
stated that
it is
normally a
developer who is
in
it for
development
profits,
puts
up
high
stake
money and in
the
end hope
that they reap enough profit, but in this case, these are being
financed directly by the people that wish to live there. Mr.
Weisburd stated that it is a question of need, they need money to
be able to work with.
Chairperson Cornell asked if they could dedicate funds for
. construction purposes.
Mr. Weisburd responded, no, because they need the money to
•
•
•
Planning Board Minutes 22 March 5, 1996
APPROVED: March 19, 1996
keep going
until
the construction loan kicks
in, which does not
kick in until
you
reach certain draw stages.
Mr. Weisburd stated
that the other
people
thing that is not being realized
is that we
applied a month
Town and
ago, and since that time the
water has been
completed,
since
that time most of the sewer
work has been
completed,
and
they are still going at full
steam. Mr. Weisburd
stated that
the
amount of work needed has been
reduced .
significantly
as
well.
Mr. Weisburd stated,
addressing
Attorney Barney's issue,
that there is normally a
separate
entity
responsible for the
infrastructure, and these
people
are
directly responsible, and
they can not come to the
Town and
say
that the developer has not
put in the road and they
want to
move
in, they are the
developers, so the third
party is
not
there. Mr. Weisburd
stated, for those reasons,
he thinks
it is fair to give them
permission.
Chairperson Cornell asked, if in the loan they are
anticipating receiving, is it possible to dedicate part of that
to road costs, so that when the loan is received the money would
be there then.
Ms. Weisburd responded, no, not in terms of the construction
loan. Ms. Weisburd stated that the group could have made a
dedicated amount, but then they took proceeds from their
constructions loans and stuck in there, they could do that. Ms.
Weisburd stated that she did not think that the mechanics of
somehow dedicating part of the construction loan via the bank
would work. Ms. Weisburd stated that they have to have a certain
amount of money in advance of the billings for the
infrastructure, they collect a couple hundred thousand dollars,
and as they need more money, in advance of when they need it,
they assess themselves, then everyone gets out their checkbooks
and writes a check for a determined amount. Ms. Weisburd stated
that they do not want to keep huge balances on hand because it is
coming out of peoples pockets, and they do not want a slush fund
sitting there or a dedicated fund that they can not draw on.
Because they would have to again re- assess themselves, and from a
fairness standpoint it seems that they have amply demonstrated
that they are capable of assessing themselves and going forward.
Chairperson Cornell stated that the Board does understand
what the residents are going through, and that they have done a
remarkable job.
Board Member Wilcox stated that he is
that this is their money, not a developers
help to mitigate Attorney Barney's concerns
not completing the infrastructure.
intrigued by the fact
money, and that should
about the developer
Planning Board Minutes 23 March 5, 1996
• APPROVED: March 19, 1996
Board Member Gregory Bell stated that the infrastructure is
90% complete, and when he visited the site a couple of weeks ago,
and if they have completed more since then, it seems that the way
to protect the Town's interest at this point, is to tie the
issuance of Certificates of Occupancy on finishing the
infrastructure. Which means no one can move in until the
infrastructure is completed.
Attorney Barney stated that one could not get a Certificate
of Occupancy unless you are on a public road or unless
infrastructure is completed. Attorney Barney stated, too
frequently, you have people coming in and saying we have got our
life savings tied up in this house, the moving van is here, it is
time to go, and the Town is put in a very awkward position of
saying, either no to a very difficult situation or making it even
more difficult; or bending the law completely and issuing a
Certificate of Occupancy.
Board Member Bell stated that this is a different scenario
because they have already tied up part of their life savings in
this project.
• Attorney Barney stated that the Town has a cork in a sewer
line right now because some poor people bought a house in Dryden
and can't get sewer. They should not have been allowed to move
in, but someone gave them a Certificate of Occupancy and let them
move in anyway. Attorney Barney stated that they had everything
ready a long time ago, the house was built, but the road was
never conveyed, and now the Town is sitting here with no legal
way to get to their property. Attorney Barney stated that these
things happen and there is always a concern, because if we make
the process work early enough in the process that it does not
happen at the last minute. Attorney Barney stated that it is
very difficult to say no to a Certificate of Occupancy to someone
who desperately needs to get into the house. Attorney Barney
stated that he is trying to be sure that there is money available
so that there is not a group coming in saying that we spent our
last nickel building these houses and we are desperate because
the mortgages are due on them now, and we don't have the
infrastructure completed and there is no money right now, but
please let us in and we will take care of the infrastructure as
soon as we can. Then there could be 30 families there at the end
of a road that is not complete. Attorney Barney stated that the
way to avoid allowing that to happen is to tell them to budget,
put the money aside and it is there to complete the
infrastructure. Attorney Barney stated that is the reality of
what the Town faces from time to time, and means no disrespect to
the group before the Board tonight. Attorney Barney stated that
• if the Board is willing to take the risk with the group of people
here tonight, that is the Board's call. Attorney Barney stated,
conservatively, he is a little troubled by the proposal.
Planning Board Minutes 24 March 5, 1996
APPROVED: March 19, 1996
Chairperson Cornell stated that the Town of Ithaca has taken
a chance on Eco Village on this type of project, and she feels
that the Board should take the chance.
Board
Member
Hoffmann asked
if
they estimated the
cost of
completion
of the
infrastructure
to
be approximately $60,000.
motion.
Ms. Weisburd stated that he felt that it would probably be
approximately $40,000 to complete the remaining infrastructure
work.
Attorney
Barney stated that
he
did not think he had received
a copy of the
proprietary leases
Cornell asked if anyone
for
this
project.
Ms. Weisburd handed Attorney Barney a copy of the offering
plan, which contains the proprietary lease and the by -laws and
other applicable documentation on this project.
Mr. Weisburd stated that he is assuming that the approval
would allow for all of the house permits as well as the common
house permits, even though that is not mentioned specifically.
Director of Engineering Walker stated that the original
• condition was no more than Building Permits for 10 housing units.
The common house is not a housing unit, so that would have been
allowed anyway.
There appearing to
be no
further
discussion,
Chairperson
Cornell asked if anyone
were
prepared
to
offer a
motion.
MOTION by Robert Kenerson, seconded by James Ainslie:
WHEREAS:
1. The Town of Ithaca Planning Board has received a request by
the Eco Village CoHousing Cooperative for consideration to
waive certain of the specified limitations of the Special
Land Use District No. 8 and conditions in the Resolution of
Final Site Plan Approval (dated July 18, 1995), to allow the
Building Department to issue building permits for more than
ten dwelling units prior to completion of the road, water
and sewer. Project site located on Mecklenburg Road, on a
portion of Town of Ithaca Tax Parcel No, 28 -1 -26.2, Special
Land Use District No. 8 and Residence District R -30, Eco
Village CoHousing Cooperative, Owner /Applicant, House Craft
Builders, Agent, and
2. The Town Engineer has, in a memo dated February 27, 1996,
recommended that the condition limiting the number of
building permits to ten residence units until construction
of improvements is complete be waived with conditions, and
Planning Board Minutes 25 March 5, 1996
•
APPROVED: March 19, 1996
3, The Town Engineer has approved of the construction schedule
for completion of the main roadway, emergency access road,
sanitary sewer, and water service, and
4. The. Town Engineer has approved of the construction schedule
for the residential buildings showing a need to construct
foundations prior to the completion of site improvements,
and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board, authorizes the
issuance of building permits for all of the construction
contemplated by the Final Site Plan as approved by this
Board.
2. This Board waives the requirement that the Developer produce
a dedicated fund for the completion of the infrastructure
prior to the issuance of additional Building Permits.
There being no further discussion, the Chair called for a
vote.
• Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Cornell declared the matter of waiving
conditions related to the number of Building Permits for the Eco
Village project to be duly closed.
AGENDA ITEM: CONSIDERATION OF RESOLUTION CONCERNING CONSENTING
THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC)
ACTING AS LEAD AGENCY UNDER THE STATE ENVIRONMENTAL QUALITY
REVIEW ACT (SEQR) FOR THE ENVIRONMENTAL REVIEW OF CORNELL
UNIVERSITY LAKE SOURCE COOLING PROJECT,
Chairperson Cornell declared the above -noted matter duly
opened and read aloud from the Planning Board Agenda,
Bob Bland, Cornell University Environmental Engineer,
addressed the Board and stated that Cornell University, along
with Rob McCabe, an Engineer from the Utilities Department, have
been working on the project together. Mr. Bland stated that they
work in the Division of Facilities and Campus Services, the
outfit that keeps Cornell University running from the facilities
end of it. Mr. Bland stated that the Lake Source Cooling project
• has been proposed for two years now, studying it, advising with
the Department of Environmental Conservation (DEC), experts at
Cornell University, Town of Ithaca Conservation Board, City of
Planning Board Minutes 26 March 5, 1996
• APPROVED: March 19, 1996
Ithaca Conservation Advisory Council, and Tompkins County
Environmental Management Council, and others. Mr. Bland stated
that the second phase is to obtain the land, the right -of -ways,
and the permits to implement the project. Mr. Bland stated that
Cornell University initiated the SEQR process in January by
submitting an Environmental Assessment Form and a SPDES
Application to DEC and copied all of the involved agencies and
other interested parties on January 25, 1996. At that point the
DEC received it and sent out a letter which indicated that they
would propose to be Lead Agency, which is where Cornell
University is in the process. Mr. Bland stated that they fully
intend to write an Environmental Impact Statement (EIS), even
though a determination of significance has not been done, and can
not be done until lead agency is designated, we have always
thought an Environmental Impact Statement would be written. Mr.
Bland stated that Cornell University, as project sponsors, are
allowed to initiate project scoping, which has been done
concurrent with the lead agency determination. Mr. Bland stated
that there is a Public Information meeting on Tuesday, March 12,
1996, at 7:00 p.m, at the Boynton Middle School cafeteria. There
was also a meeting for scoping of all the involved agencies,
which Town of Ithaca Director of Planning Jonthan Kanter
attended, last week, and Cornell University intends to have an
• additional meeting a couple weeks after the meeting that will be
held on March 12, which will again include all of the interested
and involved agencies in City Hall to continue the scoping
process. Mr. Bland stated that DEC has proposed to close the
scoping comment period, for their purposes, assuming they will be
lead agency on March 25, 1996. After the meetings and the end of
the public comment period, they would take those comments,
discuss them with all of the involved agencies and determine what
the final scope is going to be, and at that point Cornell
University would then draft a proposed final scope which would
have to be adopted by Lead Agency.
Chairperson Cornell asked whether Tompkins County
Environmental Management Council would be an involved agency.
Mr. Bland responded that they have no discretion or permits
to issue, they would be an interested party and have been sent
copies. Mr. Bland stated that the list of the interested and
involved agencies are inside the scoping outline booklet that was
distributed for the Board's information.
Chairperson Cornell asked who, at DEC is going to handle
this project, if this is approved.
Mr. Bland stated that Raymond Nolan of the Division of
• Regulatory Services out of the Cortland, New York office would be
handling this project contact, and he would rely on a number of
DEC experts within the Division of Water, Fish and Wildlife. The
n
•
•
•
Planning Board Minutes 27
APPROVED: March 19, 1996
Division of Water support would be out
the Fish and Wildlife support would be
Schoddy who are the fishery specialists
are several experts in Albany that will
reviewing this project.
March 5, 1996
of Syracuse and Albany;
Cliff Creach and Tom
in Cortland, and there
be involved and have been
MOTION by Herbert Finch, seconded by Robert Kenerson,
RESOLVED, that the Town
Involved Agency, hereby
of Environmental Conser
the State Environmental
environmental review of
Cooling Project.
of Ithaca Planning Board, acting as an
consents to the New York State Department
vation (DEC) to act as Lead Agency under
Quality Review Act (SEQR) for the
the Cornell University Lake Source
There being no further discussion, the Chair called for a
vote.
Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
Board Member Bell asked how the scoping process was started
when there is no Lead Agency,
Mr. Bland responded that the SEQR regulations allow for the
project sponsor to initiate scoping.
Board Member Bell asked who was running the project without
a lead Agency.
Mr. Bland stated that DEC has proposed to take Lead Agency
status in the interim until they are officially declared the Lead
Agency.
Director of Engineering Walker stated that DEC has declared
Lead Agency, there is a 30 day period for other agencies to
contest that, and they have asked the Town to concur with their
Lead Agency status, which is what they are appearing before the
Planning Board for.
Director
of Planning
Kanter stated that he
thinks that
Raymond Nolan
was good at
the
scoping meeting about
explaining
the Lead Agency
status and
if
any other agency
came forward and
wanted to be
Lead Agency and
could technically
do so, the scoping
process would
continue as
it
is now, but would
be lead by another
group.
Mr.
Bland stated that the
regulations
allow for a
30 day
period to
determine Lead Agency
and that 30
day period
starts
Planning Board Minutes 28 March 5, 1996
•
APPROVED: March 19, 1996
when the Environmental Assessment Form was
submitted,
which was
January 25, 1996,
so that would have been
closed under his
interpretation.
DEC has extended that to
give ample
opportunity
for the Boards
and other involved agencies
to have a
chance to
review the Lead
Agency status.
Board Member James Ainslie asked if the Zebra Mussel is
still a problem or of concern with this proposal.
Mr. Bland stated that the scoping outline identifies the
zebra mussle as an issue that will be covered when the
Environmental Impact Statement (EIS) is drafted. Mr. Bland
stated that the concern is that they will clog the intake pipes,
heat exchanges, and the outfalls. Mr. Bland stated that some
measure will have to be taken to mitigate the mussles, and
Cornell University is trying to minimize those by trying to use
mechanical methods to ream them off, but it may take biocides,
but that will be discussed and covered in the EIS.
Board Member Ainslie asked if the temperature change would
effect the flora and fauna.
• Mr. Bland stated that Cornell University believes that the
thermal impact would be fairly insignificant, but this is an
issue that will be studied and modeled.
Chairperson Cornell declared the above -noted matter duly
closed.
AGENDA ITEM: APPROVAL OF MINUTES - FEBRUARY 20, 1996.
MOTION by James Ainslie, seconded by Robert Kenerson:
RESOLVED, that the Town of Ithaca Planning Board Minutes of
February 20, 1996, be and hereby are approved with the following
corrections:
That on Page 10, the Resolution of approval on the draft
minutes refers to the Axiohm / Ithaco project, and should be the
resolution of approval for the Manos Rezoning Recommendation.
The correct resolution was put in this portion of the minutes.
That on
Page
20,
Paragraph
3, the word
"University" be
placed after
the
word
"Cornell"
throughout
this paragraph.
There being no further discussion, the Chair called for a
vote.
• Aye - Cornell, Ainslie, Finch, Kenerson.
Nay - None.
Abstain - Hoffmann, Wilcox, Bell.
Planning Board Minutes 29
APPROVED: March 19, 1996
The MOTION was declared to be carried.
AGENDA ITEM: APPROVAL OF MINUTES - DECEMBER 19,
March 5, 1996
1995.
MOTION by Herbert Finch, seconded by James Ainslie:
RESOLVED, that the Town of Ithaca Planning Board Minutes of
December 19, 1995, be and hereby are approved with the following
corrections:
That on Page 12, Paragraph 5, which read: "Chairperson
Cornell declared the above -noted matter duly opened..."
This was changed to read: "Chairperson Smith declared the
above -noted matter duly opened..."
That on Page 22, Paragraph 6, which read: "It would be nice
if the Town had previously established procedures for evaluating
views, protecting view, and laying out maps and all that, but we
do not need that for a legal basis, but is not necessary."
This was changed to read: "It would be nice if the Town had
previously established procedures for evaluating views,
protecting view, and laying out maps and all that, but we do not
need that for a legal basis, but it is not necessary."
• That on Page 23, Paragraph 3, which read: "Board Member Bell
stated that he had contacted an attorney in Auburn throughout the
history of projects,..."
This was changed to read: "Board Member Bell stated that he
had contacted an attorney in Albany throughout the history of
this project,..."
There being no further discussion, the Chair called for a
vote.
Aye - Cornell, Ainslie, Finch, Kenerson, Wilcox, Bell.
Nay - None.
Abstain - Hoffmann.
The MOTION was declared to be carried.
AGENDA ITEM: OTHER BUSINESS.
Chairperson Cornell stated that on March 11, 1996, at 7:30
p.m. at the Coop Extension, there will be a meeting held by the
Tompkins County Agriculture and Farmland Protection Board and
will be discussing the Agriculture Protection Plan that focuses
on the significance of agriculture in our County, key issues for
preservation, protection and private rights of farmers. Ms.
• Cornell stated that Board Members should attempt to attend this
meeting. Ms. Cornell stated that this meeting conflicts with an
important Town Board Meeting, and they are trying to come up with
Planning Board Minutes 30 March 5, 1996
• APPROVED: March 19, 1996
another date for the Farmland meeting.
Chairperson Cornell stated that there will be SEAR Workshop
meetings held on March 20 and March 21, 1996, to discuss the
amendments to the SEQR Regulations and how they effect us.
Chairperson Cornell asked that the forms be submitted to Director
of Planning Kanter as soon as possible.
r 1
•
L
•
•
Planning Board Minutes
APPROVED:
ADJOURNMENT
31
March 19, 1996
Upon MOTION, Chairperson Cornell declared the
Planning Board Meeting of March 5, 1996, to be duly
10:28 p.m.
DRAFTED: 3/13/96.srh
March 5, 1996
Town of Ithaca
closed at
Respectfully submitted,
S
Recording Secretary,
Town of Ithaca Planning Board,
Mary Bivyant,
Administrative Secretary.
FINAL
•
TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I, Starr Hays, being duly sworn, depose and say that I am the
Recording Secretary for the Town of Ithaca Planning Board, Tompkins
County, New York; that the following Notice has been duly posted on
the sign board of the Town of Ithaca and that said Notice has been
duly published in the local newspaper, The Ithaca Journal.
Notice of Public Hearings to be held by the Town of Ithaca Planning
Board in Town of Ithaca Town Hall, 126 East Seneca Street, Ithaca,
New York, on Tuesday, March 5, 1996, commencing at 7:30 P.M.,
as per attached.
Location of Sign Board used for Posting: Bulletin Board, Front
• Entrance of Town Hall.
Date of Posting: February 26, 1996
Date of Publication:
STATE OF NEW YORK )
COUNTY OF TOMPKINS )
February 28, 1996
SS..
Starr Hays,
Recording Secretary,
Town of Ithaca Planning Board.
Sworn to and subscribed before me this 29th da
No a y ic
l
Im
isFilename: Starr \Agendas \PPAFF \03- 05- 96.PPA
f February 1996.
s r rV
e >.. POOLE
PUBLIC
SM-E OF NEW YORK
# 4646 427
•
•
•
The Ithaca Journal Wednegda F b
i
y, e ruary eo, 1996
MR— Multiple Residence Dis-
trict. Cornell University, i
Owner; Scott Whitham,
Agent. j
I Said Planning Board will at
said time and said place hear .'
all persons in support of such
i matter or objections thereto.
I Persons may appear by
agent or in person. Individu-
1 als with visual impairments,
i hearing impairments or other
special needs, will be pro-
vided with assistance as nec.
essary, upon request. Persons 'i
desiring assistance must t
TOWN OF ITHACA make such a request not less C'
PLANNING BOARD than 48 hours prior to the. <
TUESD)
iBv dire<
lof.the f
TICE IS
I is Public
j by the F
!Town of
jMarch _`
JOTICE OF time of the public hearing t;
LIC HEARINGS Jonathan Kanter, AICP ft
', MARCH 5, 1996 Difector of Planning 1hi
on of the Chairman 273.1747
snningg Board, NO- February 28, 1996
iEREBY GIVEN that - - - -.
searing will be held .
inning Board of the
Ithaca on Tuesday,
1996, at 126 East
treet, .Ithaca; N.Y., -
owing time and on
;the following matter:
7:35 P.M. Consideration of
Preliminary and Final Subdi-
vision Approval forYhe pro- !
,posed subdivision of Town of
thdca Tax Parcel No.
166 - 3.3.2, 3.15-± acres in
size, into two lots; 0.81 t
acre and 2.34 ± acres in size
respectively, located at 130
i Crest Lane, Residence District
'R-,15. Eugene Erickson and
Daniel Loucks,' Owners; .Eu- ,!
ggene Erickson, Agent.
8:05 P.M: Consideration of
Preliminary Site Plan Ap.
proval for the proppo�sed con-
version of Bldg. No. 14 in
the Cornell University !
Pleasant Grove Apartments
complex into a satellite main-
tenance facility proposed to
consist of administrative of-
fices, lunch /meeting room,
and carpenter, electrical,
paint, lock, glass and pipe
maintenance and repair
shops and parking for up to
20 vehicles; the proposed
conversion of Bldg. No. 12
into offices and storage fa-
cility for housekeeping staff,
and for temporary offices for
graduate students; and con -
version of Bldg. No. 1 and
Bldg. No. 2 into temporary
offices for graduate students'
during the course of renova-
tions to Sibley and Tladen
Halls.' The site i4 located on
Town of Ithaca Tax Parcels
j No. 67.1 -1.1 and 67.1.3.2, i
-t,
V
TOWN OF ITHACA PLANNING BOARD
0 1 1
NOTICE OF PUBLIC HEARINS
•
•
Tuesday. March 5. 1996
By direction of the Chairman of the Planning Board, NOTICE IS HEREBY GIVEN that Public
Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, March 5, 1996, at
126 East Seneca Street, Ithaca, N.Y., at the following times and on the following matters:
7:35 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed
subdivision of Town of Ithaca Tax Parcel No. 66- 3 -3.2, 3.15 +/- acres in size, into two
lots, 0.81 +/- acre and 2.34 +/- acres in size respectively, located at 130 Crest Lane,
Residence District R -15. Eugene Erickson and Daniel Loucks, Owners; Eugene
Erickson, Agent.
8:05 P.M. Consideration of Preliminary Site Plan Approval for the proposed conversion of Bldg.
No. 14 in the Cornell University Pleasant Grove Apartments complex into a satellite
maintenance facility proposed to consist of administrative offices, lunch/meeting room,
and carpenter, electrical, paint, lock, glass and pipe maintenance and repair shops and
parking for up to 20 vehicles; the proposed conversion of Bldg. No. 12 into offices
and storage facility for housekeeping staff, and for temporary offices for graduate
students; and conversion of Bldg. No. 1 and Bldg. No. 2 into temporary offices for
graduate students during the course of renovations to Sibley and Tjaden Halls. The
site is located on Town of Ithaca Tax Parcels No. 67 -1 -1.1 and 67- 1 -3.2, MR -
Multiple Residence District. Cornell University, Owner; Scott Whitham, Agent.
Said Planning Board will at said times and said place hear all persons in support of such matters or
objections thereto. Persons may appear by agent or in person. Individuals with visual impairments,
hearing impairments or other special needs, will be provided with assistance as necessary, upon
request. Persons desiring assistance must make such a request not less than 48 hours prior to the
time of the public hearing.
Dated: Monday, February 26, 1996
Publish: Wednesday, February 28, 1996
Jonathan Kanter, AICP
Director of Planning
273 -1747
•
•
0
Jonathan Kanter and Town
Town of Ithaca
Town Hall
Ithaca, NY 14850
Planning Board
Dear Jonathan and the Planning Board:
OP
PO Box 640 CIV
Ithaca, NY 14851
February 5, 1996
FEB - 6
am writing on behalf of EcoVillage CoHousing Cooperative to request time on the
Planning Board agenda for the March 5th meeting. We are asking the Planning Board to
allow the issuance of more than ten building permits for EcoVillage, pursuant to sections
K.22 R.2; and S.2 of the SLUD for this project.
These paragraphs state that no more than ten permits may be issued prior to
completion of the road, water, and sewer, but allow the Board to waive the limit under
certain conditions. The bases for the Board allowing issuance of more permits, and our
status with respect to each of them, are as follows:
(1) (It) The plans for the road and related access, the sewer line, and the water line have
been approved by all applicable agencies including the Town Engineer and Town Highway
Superintendent.
• These plans have all been approved.
(2) (lt) Work has been commenced on the construction of the road and secondary
access, sewer, and water, and is progressing with sufficient rapidity that it is reasonable to
expect that it will be completed before any certificates of occupancy for any dwelling units
are issued.
• The infrastructure is largely complete.
• The main road has been built, with the exception of the upper course of gravel, which I
prefer to put down after the heavy construction. The road was installed this past fall,
and has had regular use during the winter. The only work that remains is the final
gravel course.
• The secondary emergency access road has been graded, and the subbase and
culverts installed. Remaining work is installation of the base and top course of gravel.
• The sewer line has been installed, air tested, and tested for straightness. The last
small elements are the final concrete work at the inverts, and the concrete around the
cast iron manholes. At that point, the sewer can be dedicated to the Town.
• The water service is well underway. The foundation of the pump building and the
water supply pipe from the pump house to the neighborhood are installed, and the
pumps'have been ordered, as of February 9. By mid - March, the pump house will be
complete, and the connection to the main is targeted for April.
•
•
•
We understand that no Certificates of Occupancy can be issued until the water and
sewer are complete and connected to the units.
• Additional infrastructure installed:
100% complete.
Gas, electric, aInd telephone service are
(3) (I>) It would be a substantial hardship to one or more individuals to delay construction
of more than 10 dwelling units.
• It would be a substantial hardship to many individuals, and to the group as a whole, if
we could not get permits to start all the buildings at once. The cost of the later houses
will be greater, and the cost of the entire project goes up if we can't work on all
buildings simultaneously. This would be a significant burden to a group who has
already greatly stretched itself to installing the infrastructure in advance of house
construction. Furthermore, everyone wants to move in before winter, and as a
community, the group wants move -in dates as close together as possible. Extended
move -in dates, and increased costs would pose a hardship for the group.
(4) (l0 There is proof provided to the Town Engineer and Planning Board that there is
adequate financial support available to the developer to complete the road, water, and
sewer, such proof being in the form of a dedicated escrow account, performance bond,
letter of credit, or other proof satisfactory and acceptable to the Town Engineer, Attorney
for the Town and the Planning Board.
• Approximately $25,000 will be needed for the final road gravel, $1000 for the sewer,
and $28,000 for finishing the water installation. The group has the resources for this,
and will provide evidence of it's funds if required.
(5) The Town Engineer and Town Highway Superintendent recommend granting the
waiver.
This letter constitutes a request for this recommendation.
We hope the Planning Board can see that this group of.people has been working
very hard, at great personal sacrifice, to realize their goal of creating a new, model
community, and that that they have already installed over $200,000 worth of
infrastructure. In light of this, we ask that the waiver be granted, and the Planning Board
allow the Building Department to issue all permits requested.
Thank you.
Sincerely,
Jerry Weisburd
House Craft Builders
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