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HomeMy WebLinkAboutPB Minutes 1996-03-19• The Tuesday, Ithaca, PRESENT: TOWN OF ITHACA PLANNING BOARD FILED TOWN! OF ITHACA bate v Clerk March 19, 1996 Town of Ithaca Planning Board met in regular session on March 19, 1996, in Town Hall, 126 East Seneca Street, New York at 7:30 p.m. Chairperson Candace Cornell, Eva Ainslie, Herbert Finch, Robert Gregory Bell, Jonathan Kanter JoAnn Cornish (Planner), John Town), Daniel Walker (Director Hoffmann, James Kenerson, Fred Wilcox, (Director of Planning), Barney (Attorney for the of Engineering). ALSO PRESENT: Bill Albern, Tom Niederkorn, Walter Wiggins, Matt Wall, Faith Chase, John Novarr, Martin Kelly, Chairperson Cornell declared the meeting duly opened at 7:38 p.m. and accepted, for the record, the Secretary's Affidavits of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 1, 1996, and March 5, 1996, as well as on March 11, 1996, and March 13, 1996, said Notice was served upon the applicants and /or agents, as appropriate, on February 15, 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 HEARING: STATE ENVIRONMENTAL QUALITY REVIEW ACT HEARING ON THE DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) AND PUBLIC HEARING ON PRELIMINARY SUBDIVISION APPROVAL FOR THE PROPOSED BUTTERMILK VALLEY ESTATES SUBDIVISION TO INCLUDE 70 LOTS CONSISTING OF 67 CLUSTERED LOTS, AN 18 ACRE LOT TO BE PRESERVED AS UNDEVELOPED OPEN SPACE, A 0.8± ACRE LOT TO BE A NEIGHBORHOOD PARK, AND A 17± ACRE LOT WHICH CONTAINS AN EXISTING WETLAND, INN, RESTAURANT, BARN, AND TENNIS FACILITY, APPROXIMATELY 4,159 LINEAR FEET OF ROAD, AND WATER AND SEWER FACILITIES, TO BE LOCATED BETWEEN 1146 AND 1172 DANBY ROAD, TOWN OF ITHACA TAX PARCEL NOS. 36 -1 -4.2 AND 36 -1 -6, RESIDENCE DISTRICT R -30, RESIDENCE DISTRICT R -15, AND SPECIAL LAND USE DISTRICT S -1, WALTER J. AND JOYCE Y. WIGGINS, OWNERS /APPLICANTS; WILLIAM F. ALBERN, P.E., AGENT, Chairperson Cornell above -noted matter duly Public Hearings as poste • Wally Wiggins of 98 declared the Public Hearing in the opened and read aloud from the Notice of d and published and as noted above. 1 Taughannock Blvd., addressed the Board • Planning Board Minutes 2 March 19, 1996 APPROVED April 2, 1996 and stated that he thinks that the plan and statement speak for themselves. Mr. Wiggins stated that there were a number of suggestions made by the Board and Planning staff at the last Planning Board Meeting for this project. Mr. Wiggins stated that there were recommendations for lighting, which has been provided for. Mr. Wiggins stated that Board Member Bell had stated that there should be some kind of connection with adjoining land in the event that land be developed by the landowner in the future, which was also addressed. Mr. Wiggins stated that there were concerns relating to surface water disposition, which he thinks have also all been addressed. Mr. Wiggins stated that at the last meeting the Board asked to make certain that the buffer zone on the highway and he agreed to do that. Mr. Wiggins stated that Mr. Wall, one of the adjoining land owners, asked that having water and sewer be extended to the edge of his property and have a right of way in an easement between Lots 1 and 2, which would allow Mr. Wall can connect his land to be hooked to water and sewer. Mr. Wiggins stated that he would be happy to put the water and sewer line up to his property line. Mr. Wiggins stated that he had relocated the park as the Board had requested. Mr. Wiggins stated that the number of lots have been reduced from 70 to 67 in order to accommodate the road, the park relocation, and increase the size of the park to provide the easement for the water runoff facilities. Mr. Wiggins stated that he thinks that they have done everything that the Board had concerns about and would be happy to answer any questions the Board may have. Director of Planning Jonathan Kanter stated that tonight is a concurrent hearing on the Draft Environmental Impact Statement (DEIS) and Preliminary Subdivision Approval, Mr. Kanter stated that the Board can not take any action of the Preliminary Subdivision Approval until after the environmental review process is completed is the Findings Statement before the Board can grant Preliminary Subdivision Approval. Mr. Kanter stated that JoAnn Cornish, Project Manager, will review the time frame for this i project later in this meeting. Chairperson Cornell noted that this is a Public Hearing and asked if there was anyone present that wished to speak regarding this project. Faith Chase of 106 Comfort Road, addressed the Board and stated that she owns a piece of property adjacent to Mr. Wiggins' proposal, and stated that she is concerned about the creeping urbanization. Ms. Chase showed the Board where her 12 acres of property was located on the Preliminary Plat that was shown at the meeting. Ms. Chase stated that she purchased the 12 acres to give to the Finger Lakes Trust to enlarge the state park, and felt that this development would obviate that efforts. Ms. Chase stated that lighting was mentioned earlier in the meeting, that this was a rural area and lighting would change that. n. Plannin g Board Minutes 3 March 19 1996 0 APPROVED April 2, 1996 Chairperson Cornell asked what Ms. Chase thought about the studies and the issues. Ms. Chase stated that it would impact on the State Park. Chairperson Cornell asked how it would obviate her wishes to combine her land with the park. Ms. Chase stated that the idea was to increase the State Park, not to decrease the size of it. Ms. Chase stated that it seems as though the high- density housing would impact the park and the wildlife. Ms. Chase stated that there are certain animals that can not exist when the environment is condensed. Chairperson Cornell asked if Ms. Chase has any additional specific concerns. Ms. Chase responded, no. Martin Kelly of 48 Comfort Street, addressed the Board and stated that he shared a corner on the south side of the development. Mr. Kelly stated that he recently moved to the area and bought his property so that he could live in the country. Mr. Kelly stated that he wanted to express his disappointment that he will no longer be living in the country. Mr. Kelly stated that he is not at all in favor of this project. Matthew Wall of 1172 Danby Road, addressed the Board and stated that his land borders this proper and his preference would be that the property stay the way it is. Mr. Wall stated that he wishes that the proposal was not as dense. Mr. Wall stated that he is not against a responsible development of property, and he thinks that Mr. Wiggins will develop the land responsibly. Mr. Wall stated that he has requested access to the water and sewer because with home next door to his property with public facilities, it would reduce his property value, because he does not have public services. Mr. Wall stated that was why he asked them to run a line to the border of his property,`so that he could hook up if he chooses to, and Mr. Wiggins seems to be willing to do that. Mr. Wall stated that he is one of a handful of homes in the Town of Ithaca that does not have access to public facilities, and his preference would be that the Town make provisions for extending the sewer and water lines to the end of the Town. Chairpers sewer services the Town can 1 Mr. Wall property value on Cornell stated that the extensi is an ongoing issues, but is also imit development. stated that with him, it is simply . Mr. Wall stated that within his on of water and one of the ways a question of own property, he,_ i Planning Board Minutes 4 March 19, 1996 APPROVED April 2, 1996 has made provision for a lot of thick buffer, which will ! hopefully provide enough buffer between him and his impending 12 neighbors. Mr. Wall stated that the reason he is not more concerned about the development on Mr. Wiggins' land is because of the buffer on his own land along his property line. Board Member James Ainslie stated that he was concerned about some of the possible impending developments that are coming to the Town of Ithaca. Mr. Ainslie stated that developers need to look ahead and realize that there is going to be occupancy in all of these lots. Mr. Ainslie stated that he does not think that Mr. Wiggins would go into this project without hoping to occupy the lots. Mr. Ainslie stated that we know of the possibility of 240 apartment -type units proposed on Route 79 and i the old Mordof property with a possible 200 units there, and he can not see that much growth. Mr. Ainslie stated that Cornell University and Ithaca College are not downsizing, but they are not increasing that much easier. Mr. Ainslie stated that small industrial complexes are coming in to the Town. Board Member Fred Wilcox stated that the biggest issue for him right now is drainage. Mr_ Wilcox stated that on the west side of Danby Road there is a drainage problem, which exists from 0i Ithacare all the way down the hill and flowing to the west. Mr. Wilcox stated that he urges the Board to pay particular attention i to making sure that we properly deal with drainage to protect the j people who buy the lots within this development, the property owners on both sides, and to protect the state lands that also abut this property as well. Mr. Wilcox stated that drainage is handled very carefully in this area. Chairperson Cornell stated that from her own research on the property, there seems to be a fragipan of impermeable layer on a lot of the property. Ms. Cornell stated that she thinks the water flow stays pretty high and flows in a sheet under the ground. Chairperson Cornell stated that because of that, it is very important that the wetland that is proposed to be Lot 70 i because it is important to the drainage. i � Director of Planning Kanter stated that a letter was received from the Tompkins County Health Department regarding the DEIS, dated March 14, 1996, which indicates that they are satisfied with the efforts to mitigate overflowing sewers in the City, through cooperative efforts between the City and the Town. Mr. Kanter stated that they mentioned that the stormwater runoff in the City was not relevant because they misinterpreted the original generalized maps of the areas around the Spencer Road I area. Mr. Kanter stated that a letter was also received from the Tompkins County Planning Department, dated March 14, 1996, which had a couple of comments about the drainage calculations. 0 Planning Board Minutes 5 March 19, 1996 APPROVED April 2, 1996 Director of Engineering Daniel Walker stated that the drainage courses sufficient to hold runoff increase, which he thinks will be reduced when the final construction plans come in. Mr. Walker stated that there have been some changes in the drainage patterns, in which we are diverting the water away from the slopes and into existing drainage courses. Mr. Walker stated that those drainage courses have sufficient capacity to handle the slight increase in runoff that is being anticipated. Mr. Walker stated that on this particular site a retention pond to hold the water may end up causing more problems because of the steeper slopes. Mr. Walker stated that he will review this project closely, but that he did not anticipate any major problems. Director of Planning Kanter stated that this issue will be addressed in the Final EIS, which will be the next step. Chairperson Cornell asked if Mr. Walker concurred with the 200 and 100 year flood plains. Director of Engineering Walker stated frequencies that are looked at for delineat Walker stated that there was more work done the Tompkins County Planning Department has Attorney Barney stated that the docume Phase I included Lots 1 through 14, and Lot meant the road would be constructed all the that is the normal ion purposes. Mr. on the drainage than reviewed. ntation indicated that 68, and asked if that way back to Lot 68, Bill Albern of 2 Sunny Slope Terrace, addressed the Board and stated that it was not anticipated that the road would be built back to Lot 68 in Phase I. Attorney Barney stated that he was looking at the phasing plat and it shows Lots 1 through 14 and Lot 68. Mr. Albern stated that the reason that Lot 68 was part of Phase I was because the Town was concerned that they obtain ownership of the park, which is Lot 68. Attorney Barney asked how people were supposed to have access to the park without the road being completed. Mr. Wiggins stated that there are no problems making a right -of' -way to the park, if that would be acceptable to the Board. Attorney Barney stated that they would need a place for people to be able to park their cars. Mr. Albern stated that he would not expect much use of the 1 0 Planning Board Minutes 6 March 19, 1996 APPROVED April 2, 1996 park with Phase I. Director of Engineering Walker stated that there is no parking being provided at the park because it is intended to be a neighborhood park for the use of the residents in the project. Mr. Walker stated that an easement or right -of -way over the alignment of the proposed road for access to the park. Mr. Albern stated that he had expected the park to be part of Phase II or Phase III, except the staff raised the question of ownership of the park, so it was then made part of Phase I. Director of Engineering Walker stated that the Town would want ownership of the park and the access to get to it if necessary. Board Member Wilcox stated would be addressed as well. Mr. Albern responded, yes. that if grading is needed, that Director of Engineering Walker stated that he did not expect the need to be doing a lot of earthwork on this property to gain access to that park. Mr. Walker stated that one could walk to that area now, in fact, the path pretty much follows the alignment of the roadway. Attorney Barney asked, with the phasing, if the plan was to build the road only as far as what is shown in Phase I. Mr. Albern responded, yes. Attorney Barney asked if there was a problem with giving the Town temporary turn around rights on the undeveloped portion of the property. Mr. Albern stated that he thinks they will have to develop some type of turn around in each phase of this project. Director of Engineering Walker stated, from the standpoint of environmental review, that does not make any difference. Mr Walker stated that his understanding was that the Preliminary plat was to address the entire subdivision, and the final plats would come in phases. Attorney Barney stated that he thinks that regardless of preliminary or final, there would have to be some provision for turn around of some sort. A hammerhead or a circle turnaround. Mr. Albern concurred with Attorney Barney's statement. 0 Planning Board Minutes 7 March 19, 1996 APPROVED April 2, 1996 Chairperson Cornell asked what Mr. Wiggins' timetable was for this project. Mr. Wiggins responded six to seven years for the total project. Mr. Wiggins stated that his concern was that if he has misjudged the need for this project, it would stop at the first phase. Board Member Ainslie asked if would be concerned about giving the Town that amount of land for park if only Phase I was completed. Mr. Wiggins responded, that he was not concerned about giving that amount of land to the Town for a park. Mr. Wiggins stated that he would be glad to do that. Mr. Wiggins, referring to some of the concerns of the neighbors, stated that he shares the desire to maintain the rural aspect of the neighborhood. Mr Wiggins stated that Ms. Chase had a concern that the park was going to be made smaller, which is not the case. Mr. Wiggins stated that Lot 68 would be turned over for a park, and Lot #69 would be added to the State Park. Chairperson Cornell stated that in the Subdivision 40 Regulations there is a provision for having a 30 foot buffer around the outside perimeter of a subdivision. Ms. Cornell stated that it might be appropriate in this case, considering the opinion of some of the neighbors. Mr. Albern stated that the 30 foot buffer around the perimeter of the subdivision was already shown on the preliminary plat. Chairperson Cornell asked how that would be maintained, possibly by the deed to each lot. Mr. Wiggins responded, that the provision has to be part of the deed for each lot, the only difference was that consideration was given to the possibility of a walking or jogging trail within that 30 foot buffer. Board Member Eva Hoffmann stated that she felt it would be preferable to have some place along the road within the development for people to walk and jog on, and for other activities for children, rather than being in the area around the periphery of the development. Ms. Hoffmann stated that it would be better not to have a jogging trail in the buffer zone, and then the buffer zone could stay natural. Chairperson Cornell stated that the jogging trail would be additional space and land, whereas, with it being within the buffer zone. 0 Planning Board Minutes 8 March 19, 1996 APPROVED April 2, 1996 • Mr. Wall stated that 30 feet is not much, but that he would prefer it to be thickly brambled. Mr. Wall stated that he runs on the road every day and he thinks other people should do the same thing. Mr. Wiggins stated that he would be happy to withdraw the suggestion and leave it wild and brambled if that pleases the neighbors. Chairperson Cornell asked if the Board felt strongly that there should be a path. Board Member Wilcox stated that he would like to see a two - foot -wide path is what he would like to see so that someone could jog if they chose to. Chairperson Cornell stated that the Town of Ithaca Environmental Review Committee and the County brought up the issue of preserving flow to the wetland, and the streams that are existing. Chairperson Cornell asked how the applicant planned to preserve that flow. Mr. Albern stated that the present runoff is from the hill, the stream will not be disrupted at all. Mr. Albern stated that the present drainage system that is there will not be upset by the development. Board Member Hoffmann asked if drainage would be added when the development is added into that area. Mr. Albern responded, yes, there will be drainage comes from Danby Road from the south and diverts into the existing swail dry stream bed and comes down and fills the pond and then drains down into the gorge. Mr. Albern stated that there is presently drainage that goes into the State Park from two directions. Mr. Albern stated that the future drainage would not go onto Mr. Wall's land as much, but will go into the swail, which is where the sewer pump station will be. Mr. Albern stated that the whole intent, while working with Mr. Walker, was to disperse the water as much as possible. Mr. Albern stated that drainage pattern has been extensively discussed with the Finger Lakes Park Commission and with the Director of Engineering for the Town. Chairperson Cornell stated that the intermittent stream would be on Lot 70, as well as the wetland, and asked if it would be possible, if the Board agrees, to have something in the deed of Lot 70 requiring that the wetland and the intermittent streams remain intact and that the drainage is preserved. Mr. Albern stated that is what the plan shows. • Planning Board Minutes 9 March 19, 1996 APPROVED April 2, 1996, • • Chairperson Cornell stated that she wanted something in the deed. Mr. Wiggins stated that there because he owns it, and it will not Mr. Wiggins stated that he owns it restrictions as described here. It can not do anything on it. is no deed for that lot be transferred to anyone. and it.would be subject to the can not be built on and he Chairperson Cornell asked where it was going to be written that it can not be built on. Mr. Wiggins stated that he assumed that it would be in the subdivision approval. Attorney Barney stated that the wetland is currently governed by the Special Land Use District requirements, which requires any site plan, construction, or alteration to come before this Board. Attorney Barney stated that because of that, nothing can happen on that lot without the blessing of this Board. Attorney Barney stated if there is a concern about the water and drainage, a declaration of restrictive covenants could be drafted to deal with that issue, and record them. Director of Engineering Walker stated that drainage is an issue that has been addressed during project review and have not made provisions in the past to make sure that it is maintained. As part of this project and all future subdivisions that have drainage requirements built into them. The Town will be requiring an agreement that the owner of that large parcel will maintain that drainage way to function as its designed to prevent the excessive runoff. And also the Town will have a right, not an obligation, to go in and maintain that drainage if at some point in the future the owner of that land does not keep it maintained properly. Mr. Albern stated that at one time with this proposal, the wetland was going to be part of two lots, which was not acceptable to the Town Planning Board, Mr. Albern stated that now, the owner of Lot 70 will be in control over that and the Board will be able to restrict it. Board Member James Ainslie stated that the land will received the same amount of rain with the development as will be there without the development, as long as the water is diverted, there will be no problems. Chairperson Cornell stated that there will be the same amount of water, but with less permeable soil there. Director of Engineering Walker stated that the hydraulics • Planning Board Minutes 10 March 19, 1996 APPROVED April 2, 1996 will be reworked with the final designs. Mr. Walker stated that he is not uncomfortable with the drainage analysis because it is very conservative because the runoff figures are higher than what they are actually going to be. Mr. Walker stated that they are trying not to change the flow and concentrate water more, but allow it to take the same path and try to increase the flow length of it to slow it down a little bit, and the net impact would be minimized. Mr. Walker stated that the wetlands on Lot 70 would be protected. Board Member Hoffmann asked how the buffer around Lot 1 along Danby Road would be maintained. Mr. Wiggins stated that it is intended as a natural buffer. Board Member Hoffmann asked who would be responsible to maintain that buffer. Mr. Albern stated that the buffer on Lot 1 would be the responsibility of that owner, with a deed restriction. Chairperson Cornell stated that the Board had talked briefly about incorporating the buffer on Lot 1 with Lot 70 so that the maintenance would be owned by one person and maintained similarly. Mr. Wiggins stated that he had no objections if that is what the Board wishes. Director of Engineering stated that would mean creating an additional lot. Mr. Albern asked if Chairperson Cornell was saying that she wanted Lot 70 to be extended across the road to include the 30 foot buffer strip from Lot 11 Chairperson Cornell responded, yes, and with that change the owner of Lot 1 would not have to go through the expense of maintaining the buffer. Mr. Albern stated that it would not cost anything to maintain the buffer because it is a natural buffer. Chairperson Cornell that as their brush pile. would be nice since that that to be kept in equal kept, stated that the land owner could use Chairperson Cornell stated that it is the entrance to the subdivision for condition as the one in Lot 70 will be • Mr. Wiggins stated that they could either make it Lot 71 to be retained by the owner of Lot 70, or make it part of 70 with } • Planning Board Minutes 11 March 19, 1996 APPROVED April 2, 1996 the easement to the entrance way running between them. Mr. Wiggins stated that which every way the Board feels is appropriate is fine. Board Member Gregory Bell stated that he thinks that legally, this would be a problem. Mr. Bell stated that the goal is admirable, but the Board can't make it Lot 71 because it does not meet the lot requirements at all. Director of Engineering Walker stated that a smaller lot could be created, but one could not build on it. If there are deed restrictions for it to remain forever wild, Mr. Walker does not see that as a problem. Attorney Barney asked why the Board did not put the deed restrictions on Lot 1, which would be the easiest way to handle this. Board Member Bell stated that the rest of the argument is to keep it as part of Lot 70, this would create a major flag lot, and is a bad geometric configuration for any lot. Mr. Bell stated that it is based on the assumption that the owner of Lot 70 is going to be the same owner it is now, and what it that changes. Attorney Barney stated that if Mr. Wiggins wanted to make a legal requirement for the owner of Lot 1 to maintain the buffer, it is his responsibility. Mr. Albern stated that they will put a deed restriction on Lot 1 and leave it as it has been presented. Chairperson Cornell asked if the Board was satisfied with the deed restriction on Lot 11 The Board felt that the deed restriction on Lot 1 was acceptable. Mr. Wall stated that the Board seems to be making a distinction between the buffer on Lot 1 and the buffer around the entire property and asked why. Director of Engineering Walker stated that there does not need to be a distinction. Mr. Wall stated that he is interested in the 30 -foot buffer that is contiguous with his property and if there is going to be a deed restriction, he will then be responsible for maintaining the buffer area along the property lines. Attorney Barney stated that there would be deed restrictions • Planning Board Minutes 12 March 19, 1996 APPROVED April 2, 1996 in all the deeds that say that the last 30 feet of each lot would be maintained in a vegetative state, with detail of what can and can not be put within that space. Mr. Wall stated that means that the 30 feet would stay a vegetative state like it is currently. Attorney Barney stated that was correct. There are some objective standards to make sure that they do not clear cut the buffer. Director of Engineering Walker stated that the cleanest way to maintain the bramble patch on Lot 1 is to show the buffer on Lot 1, Lot 70, as well as all the way around the perimeter of the property on the Preliminary Plat, which is not shown on the plat in the DEIS. Board Member Hoffmann stated that she did not feel that someone should assume that there is to be no maintenance whatsoever and to simply let that area grow wild, because it is not practical. Ms. Hoffmann stated that one could not have a tree die and be in danger of falling over the road or into the properties, they need to be maintained. • Director of Planning Kanter stated that there may need to have some clear sight area cut around the entrance so that there is sight distance for pulling out onto the road. Director of Engineering Walker stated that there are two things, there is the buffer and the State right -of -way. Mr. Walker stated that he believes that the property line, shown on the Preliminary Plat Figure 2 of the DEIS, is probably the State right -of -way line. Mr. Albern stated that there is a plat that was dated December 20, 1995, shows a 50 foot forever -wild buffer on Lot 1 Mr. Walker stated that he thinks he has already done what the Board just asked him to do. Mr. Albern stated that the drawing dated December 20, 1995 shows a 50 -foot forever -wild buffer on Lot 1. Director of Planning Jonathan Kanter stated, for the record, that there is a map dated December 20, 1995, which was not available to those reviewing the EIS. Board Member Hoffmann asked what forever -wild meant. • Attorney Barney stated that forever -wild could mean whatever the Board defines it to mean. Attorney Barney stated that part of the Preliminary Subdivision approval should be constructing an • Planning Board Minutes 13 March 19, 1996 APPROVED April 2, 1996 acceptable set of covenants that deal with the buffers in the project. Mr. Kelly stated that the Board is discussing Lot 1 a lot, and asked if the buffer that goes all the way around the development is also to be forever -wild. Director of Planning Kanter responded, yes. Mr. Kelly asked if a lawn area qualified as forever wild. Director of Planning Kanter responded, no. Mr. Kanter stated that in the Subdivision Regulations there are provisions for adding requirements for additional landscaping within that buffer area if the Planning Board feels that is necessary or appropriate. Board Member Wilcox asked if the applicant had been into contact with the State regarding Lot 69, Mr. Albern stated that the State Parks are definitely favorable of having Lot 69 deeded to them as an addition to Buttermilk Falls State Park, and they felt the drainage was • handled appropriately. Board Member Wilcox they do asked Mr. Albern if State parks have said that they want that piece of property. Mr. Albern stated that they do want the property and that they have received meets and bounds description of the property. Director of Engineering Walker stated that he has had discussions with Jesse Miller and Jeff McDonald of State Parks, and they both have indicated that piece of property would be a welcome addition to the park. Mr. Walker stated that Lot 69 had a dog leg shape that extends to the road,and asked if Mr. Wiggins intended that to be part of the park land dedication. Mr. Albern stated that he does not think that they want the property extended to the road. Mr. Wiggins stated that the property it borders on is owned by his daughter, and that Lot 69 would be cut off along the back property line, and consolidated with her land. The portion of Lot 69 will be corrected on an updated drawing as being separate from Lot 69 and labeled as Lot 71 to be consolidated. • Attorney Barney stated that it needed to be labeled "to be consolidated" since it will be a non - conforming lot. • Planning Board Minutes 14 March 19, 1996 APPROVED April 2, 1996 Chairperson Cornell noted that this is a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Cornell closed the Public Hearing regarding the Draft Environmental Impact Statement, and brought the matter back to the Board for further discussion. Attorney Barney suggested that Chairperson Cornell only adjourn or maintain the Public hearing regarding the Preliminary Subdivision Approval until the Board has made their Findings on the DEIS. Board Member Hoffmann stated that she assumes that the future Town of Ithaca Park and right -of -way will be maintained by the Town of Ithaca. Ms. Hoffmann asked if the walkway from the southern to the northern part of Jonni Circle would be maintained by the Town. Attorney Barney asked if the walkways were going to be conveyed to the Town. Mr. Albern stated that it would have to be maintained by the Town of Ithaca. • Mr. Walker stated that there was a discrepancy in lot numbers between the drawing in the DEIS, Figure 2, dated December 15, 1995; and the Map dated December 20, 1995, Mr. Walker stated that there have been a number of things brought up at this meeting as far as buffers and lot numbers, and would ask that the developer provide a revised plat prior to the next meeting, with as many of the recommended changes on that plat, with the revision date noted on the drawing. Mr. Walker stated that will provide the staff and Planning Board with one clean document to work with. Mr. on the extend Walker stated that there is a Town Park and the midpoint north side of Jonni Circle, there is an intention to a walkway from the Town Park site southward from the north side of would be Jonni Circle, which would deeded to the Town when be a 20 the road -foot wide parcel that is deeded to the Town for the purposes of maintaining a walking path for the residents of the subdivision. Chairperson Cornell asked if Mr. Wiggins would consider putting in a sidewalk. Director of Engineering Walker stated that the Town does not want a sidewalk. • Chairperson Cornell stated that some Board Members like sidewalks. • Planning Board Minutes 15 March 19, 1996 APPROVED April 2, 1996 Board Member Hoffmann stated that when she was talking about having a jogging trail along the road inside the project, she was not thinking necessarily of a sidewalk, but something like a grassy edge, which could be used by anyone. Director of Engineering Walker stated that this is a residential street with limited access, but the Town is not going to encourage having activities for children on or near the roadway, because it is not safe. Mr. Walker stated that he thinks this will be very similar to the Chase Farm Subdivision which has a pathway incorporated in the widened portion of the right -of -way. Mr. Walker stated that there is a four foot shoulder on the side of this roadway, which will provide adequate space for walking and jogging. Board Member Wilcox stated that Mr. Walker was referring to a 22 foot wide road, a 4 foot shoulders, which is 30 feet and there is 60 feet for the right -of -way. Mr. Walker stated that was correct and the road ditches would be on the other side of that. Board Member Gregory Bell stated that he raised this issue a • year ago, when this project first came up. Mr. Bell stated that he thinks that the quality of life of this project is greatly diminished by not having sidewalks. Mr. Bell stated that it seems to him not to be as safe or friendly, and this is not a way to build a community. Mr. Bell stated, in terms of cost, the cost of these houses is going to be pretty high, so the amount of additional money that would need to be spent on a sidewalk is pretty small. Mr. Bell stated that if he were a customer shopping around for a house, the additional cost of the house with a sidewalk in front of is, divided out over the 20 year mortgage would not be very much. Mr. Bell stated that he would be a lot less inclined to buy a house like this with no sidewalks, than he would one with sidewalks. Mr. Bell stated that he has been looking around since he raised this issue many months ago, both in the Town and in other neighborhoods. Mr. Bell stated that he saw streets with no curbs and no sidewalks, streets with no curbs and sidewalks, and streets with curbs and no sidewalks. Mr. Bell stated that the three configurations were very different from each other. Mr. Bell stated that he thought that the sidewalk is probably the more important of two, in some ways to still maintain the kind of village atmosphere, or a more urban feeling. Mr. Bell stated that the combination of curbs and sidewalks really does make it more urban feeling, and would not be opposed to that either. Mr. Bell stated that when the intentions were not to be so urban, the sidewalk without the curb • would still work for this project. Director of Engineering Walker stated that if the Planning • Planning Board Minutes 16 March 19, 1996 APPROVED April 2, 1996 Board decides that they want to see sidewalks the Town Board needed to be aware of that because a sidewalk is a structure within the road right -of -way, which then becomes the Town's responsibility to maintain. Mr. Walker stated currently the Town has no provisions for maintenance of sidewalks in the Town other than sidewalk districts, which are special benefit districts. Attorney Barney stated that the Town has a statute that requires maintenance of a sidewalk, which is on Judd Falls Road. Director of Engineering stated that there is also a walkway on Mitchell Street, which is maintained as one of the Town trails. Chairperson Cornell stated that there is also a path on the Chase Farm project. Attorney Barney stated that he feels that the sidewalk is a decision that the developer makes. Attorney Barney stated that the Town Subdivision Regulations does not require sidewalks and, under the cluster regulations the Town can require certain things that are not normally required, but it would be a stretch to impose the construction of a sidewalk on the entire loop, based on the cluster regulations. Attorney Barney stated that he thinks Mr. Bell's point is well taken in terms of the amenities, but should be up to the developer, and that the Planning Board should not impose this as a condition of approval. Mr. Bell stated that he is not singling out this particular project, but there are a number of other projects coming up. Mr. Bell stated that he is raising it more as a policy issue, and that he understands that it is a Town Board issue. Mr. Bell stated that there are some pretty big projects coming along and it makes sense to start addressing it as a policy issue. Director of Engineering Walker stated if the Planning Board want to see that amenity in the Subdivision Regulations, the formal request to the Town Board should be made to consider that. Mr. Walker stated that the Planning Board needs to give some direction to the Planning Staff to develop those provisions. Mr. Walker stated that as part of that process would have to be a cost - benefit analysis. Chairperson Cornell stated that she had asked Town staff to give her an idea of how much sidewalks cost, to get an idea of the feasibility of sidewalks being included in developments. Planner JoAnn Cornish stated, for the record, that the map dated December 20, 1995, as referred to earlier in the meeting is • obsolete, and all of the other maps have been changed. The map dated December 20, 1995 has now been marked obsolete. Planning Board Minutes 17 March 19, 1996 APPROVED April 2, 1996 Mr. Albern had asked him stated to number that the the difference was that Town staff lots in the same sequence as the phasing, which not received an was done. updated Mr. map. Albern stated that Town staff had Chairperson Cornell asked if the Planning Board felt comfortable with the Draft Environmental Impact Statement (DEIS), and whether or not the DEIS contained enough information to draft a Statement of Findings. Director of Planning Kanter stated that there is no action to be taken regarding this project tonight. Mr. Kanter stated that the next step is to prepare the Final Environmental Impact Statement. Planner Cornish outlined the tentative timeframe for this project. (A copy of the proposed timeframe is hereto attached as Exhibit #2) Attorney Barney asked Mr. Wiggins if he consented to adjourning the Public Hearing because the Board needs to review a completed plan with all of the changes on it prior to making a determination. Attorney Barney stated that this Board also needs to make its findings and that requires any addition or subtraction to the plat, it should be done before Preliminary Subdivision approval is given. Attorney Barney stated that he would anticipate the Board to complete the Public Hearing as soon as the final EIS and the Findings were done and close the hearing at that point in time. Mr. Wiggins stated that he would consent to anything that would help expedite the process. Chairperson Cornell adjourned the Public Hearing in the matter of the Buttermilk Valley Estates Subdivision Draft Environmental Impact Statement and Preliminary Subdivision Approval. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 43- 1 -2.21 30.5± ACRES IN SIZE, INTO 3 LOTS, 16.30 ±, 13.74 ±, AND 0.46± ACRES IN SIZE RESPECTIVELY, LOCATED ON THE EAST SIDE OF DANBY ROAD APPROXIMATELY 920 FEET NORTH OF ITS INTERSECTION WITH EAST KING ROAD, ON THE PROPERTY KNOWN AS COLLEGE CIRCLE APARTMENTS, MR MULTIPLE RESIDENCE DISTRICT. JMS ITHACA REALTY, INC., OWNER; JOHN NOVARR, AGENT. Chairperson Cornell opened this portion of the meeting, asking that the Board and members of the public address the • environmental issues of this project at this time. 0 Planning Board Minutes 18 March 19, 1996 APPROVED April 2, 1996 Board Member Eva Hoffmann stated that some of the numbers in the documentation provided were inconsistent. Ms. Hoffmann stated that in the proposed resolution and the EAF, the total size of the parcel is different; one states 30.5± acres, and one states 26.8 ±, and the individual lot sizes is different as well. Director of Plannin inconsistencies was that Parcel Nos, 43- 1 -1.2, 43 in the resolutions were the actual parcel being g Kanter stated that he thinks one of the the SEAF included three Tax Parcels (Tax -1 -2.2 and 43 -1 -6), and the figures used revised to focus in on 43- 1 -2.2, which is subdivided. Director of Engineering Walker stated that 'there is a number of items that need to be addressed by this Board in the Subdivision Approval process, and staff is willing to recommend Preliminary Subdivision Approval at this time because there are significant changes to the plat that need to be made. Mr. Walker stated that he, as Town Engineer, can not recommend a Final Approval until those final changes are put on the drawing. Board Member Fred Wilcox stated that some documents say Parcel A to be subdivided into 16.3 acres and some say 14.0 acres. Mr. Wilcox stated that Part I of the Short Environmental Assessment Form has different numbers. Mr. Wilcox stated that the other two parcels would not make up the discrepancy in the acreage. John Novarr addressed the Board and stated that he resides at 404 Highland Road, Ithaca, and that his place of business is located at 1001 West Seneca Street, Ithaca. Mr. Novarr stated that the actual total parcel is 30.4 acres and he felt that staff had changed the numbers when the recognized, correctly, that there are three Tax Parcels but less than that is under consideration tonight. Mr. Novarr stated that the map shows the entire parcel and the difference in acreage should be corrected, but he thinks it is technical and does not think that it is an issue from what needs to be discussed tonight. Chairperson Cornell stated that the Planning Board can not grant even Preliminary Approval without knowing the acreage. Director of Planning Kanter stated that if the acreage was the only problem, then the Board could consider this proposal, but there are a number of other issues that need to be addressed as well. Mr. Kanter stated that he drew up a large size boundary map to make it easier to read,and the areas shaded in red are not part of this development or these parcels, they are separately owned parcels. Mr. Kanter stated that he did notice that there • is a separate Tax Parcel No. 43 -1 -6 which, for some reason, is still shown.as a separate tax parcel but it also was included as part of the overall site plan for the College Circle Apartment • Planning Board Minutes 19 March 19, 1996 APPROVED April 2, 1996 Development, and it actually includes parts of two buildings. Mr. Kanter stated that staff is not quite sure how that happened, but that maybe Mr. Novarr could explain that. Mr. Novarr stated that he never looked at this as separate tax parcels, he considered it a 30+ acre site for development, and he got the approval based on that acreage. Mr. Kanter stated technically, there is a building that is partly on one tax parcel, and partly on another tax parcel, which is probably not a good thing to have. Mr. Novarr stated that they have that in other locations in the City of Ithaca. Mr. Novarr stated that he would consolidate all of the parcels if it makes everyone happy. Mr. Kanter stated that when the map is revised, the Board may want that to be part of the changes made. Board Member Wilcox stated that according to the large drawing, there is another tax parcel 43- 1 -1.2, which is noted on the map as being part of the development. Mr. Wilcox stated that tax parcel no 43 -1 -1.2 seems to have the secondary access running • through part of it. Mr. Wilcox thanked the Planning staff for putting the drawing together and outlining the parcels with the red, as he had requested late this afternoon. Mr. Novarr stated that the access that Mr. Wilcox is talking about is actually a foot path. Director of Engineering Walker stated that normally in a project when there are multiple parcels under one use, the Town would require consolidation of the individual parcels. Mr. Walker stated that the small parcel to the right, has an interesting feature that the parcel line goes right through the middle of several buildings, and stated that these parcels need to be consolidated. Mr. Walker asked Mr. Novarr if he would consolidate the parcels. Mr. Novarr stated that he would consolidate them. Board Member Wilcox stated that in Parcel B, it references 43- 1 -1.1, and he feels that it should reference 43- 1 -1.2. Attorney Barney stated that 43 -1 -1.1 is the entire piece of property. Board Member Wilcox stated, if that is true, please show him • where it says 43- 1 -1.1, because he reviewed the map and was unable to find that Tax Parcel No. • Planning Board Minutes 20 March 19, 1996 APPROVED April 2, 1996 Chairperson Cornell asked that the Board address the environmental aspects for the SEQR right now, and direct the staff to go over the numbers and revise them as necessary. Board Member Hoffmann stated that somewhere in the documentation, it was mentioned that a semi - circle be preserved as open space. Ms. Hoffmann stated that she was worried about whether or not that is a good location for open space because if a road were to continue into this property, it would either continue along the southern edge of the property through the parking lot show on the drawing, or it would continue from the access way straight through the open space area. Director of Planning Kanter stated that another problem with the plat is that it did not show the site plan, which would have showed the Board some of the things that have been discussed. Mr. Kanter stated that the open space area was shown in the site plan as an amphitheater surrounded by landscaping and plantings as Part of Phase IV. Mr. Kanter stated that the development was approved in four phases, Phase One and Phase Two have been built, and Phase Three and Phase Four have not been built yet. Mr. Kanter stated that the reason for the boundary for Parcel B is for that very reason, because they coincide closely with Phases • Three and Four. Mr. Kanter stated, referring to the approved site plan, that the road system has ben planned out, going in a circular direction around the existing road, and around the central open space area, and some other conservation areas throughout the development. Mr. Kanter stated that part of the process should include seeing what the approved site plan was and how that fits in with the subdivision plat, which staff tried to do as much as possible at the early stages. Chairperson Cornell stated that even though there are plans for developing, if this subdivision is approved as presented, there would be only one access through the planned roads that are on the site plan. Chairperson Cornell stated if Parcel B is not developed as approved, there would still need to be access to that portion of the property, which would have to go through the planned roadway as is. Board Member Hoffmann stated that she was referring to the possibility of extending the roadway into or through the open space, which would make the area being considered for open space completely inappropriate. Attorney Barney stated that the solution to her concern is that there is an approved site plan, and the possibility of routing the road through the open space would require a • modification of the already approved site plan by this Planning Board. Attorney Barney stated that the subdivision itself does not effect the fact that the property is to be developed 0 Planning Board Minutes 21 March 19, 1996 APPROVED April 2, 1996 according to the approved site plan. Chairperson Cornell asked if the Board needed to consider future possibilities for this land. Attorney Barney stated that the future is what is shown on the approved site plan. Director of Engineering Walker asked mr. Novarr if he intended to proceed with the approved site plan at some time in the future. Mr. Novarr stated that the reason he is before the Board has nothing to do with planning, it has to do with financing. Mr. Novarr stated that he had built two phases of this project in 1989 and 1990 and had some modest financial trouble in the beginning trying to fill the project up, and finally got it on its feet. Mr. Novarr stated that Ithaca College enrollment dropped off by approximately 18 percent. Mr. Novarr stated that about a year ago he needed to find new financing and ended up with a conduit loan, which involves bonds being sold on Wall Street. This is a new way to do real estate lending, and it is complicated. Mr. Novarr stated that the conduit loans have a • restriction on having secondary financing on ones property. Mr. Novarr stated that he had to separate this business deal from all debt other than the debt that was to be put on the buildings. Mr. Novarr stated that if they took a mortgage on the whole property, which they have done, he would have no way of financing Phases Three and Four because there is no way to incorporate additional financing on this project. Mr. Novarr stated that he got the lender to agree that if a subdivision was received within the course of six months they would release Parcel B and C from the loan. Mr. Novarr stated that in addition to that the person that sold the land had a lien on the undeveloped land and so the lien was taken personally until this issue could be resolved. Mr. Novarr stated that he had discussed this with the Planning Department staff about what Town staff thought would work because once this is closed, which was on December 15, 1995, it is set in stone and can not be changed. Mr. Novarr stated that there are no plans to sell Parcel B, nor does he have plans to change Phases Three and Four. Mr. Novarr stated that he is just trying to clean up financing. Mr. Novarr stated that he needed to close by December 15, 1995 or he would have lost the property. Mr. Novarr stated that they met that timeframe and got that done, but he is now standing before the Planning Board why this is needed. Director of Planning Kanter asked how could the lender place a conduit loan on the property without it already having been subdivided. Attorney Barney stated that Mr. Novarr is saying that • Planning Board Minutes 22 March 19, 1996 APPROVED April 2, 1996 currently there is a mortgage on the entire parcel, but that he has an agreement with the lender that they will release Parcels B and C if the subdivision is granted. to Mr. Novarr stated that was correct. Director of Engineering Walker asked why Parcel C was created as a separate parcel. Mr. Novarr stated that was created at the advice of the Planning Department staff because there is some kind of rule having to do with some road frontage. Board Member Wilcox at the drawing now, he stated that the draft resolution calls for Parcels are not together as one B and but he would have C to be consolidated. meaningless to Director of Engineering Walker asked why not just have Parcels B and C be one lot. Mr. Novarr stated that he did not know why it was done that way Director of Planning Kanter stated that he was not involved • in discussion on this project. Mr. Kanter stated that when Mr. Novarr referred to the Planning Department, yes, one representative provided his input and views on how this would work out. Mr. Kanter stated that he does not see why Parcel C has to be there because it would mean that Parcel B would have no frontage on the road. Mr. Novarr stated that as he looks at the drawing now, he does not understand why Parcels B and C are not together as one Parcel, but he would have to contact an attorney about that. Mr. Novarr stated that it is meaningless to him whether those two parcels are together or apart, as long as the lender is happy with it. Attorney Barney asked Mr. Novarr if the lender would release Parcel C, or will they only release an easement over Parcel C. Mr. Novarr stated that he felt that the lender would release Parcel C. Attorney Barney stated that could be the reason why Parcel C is being created on this proposal. Mr. Novarr stated, maybe that was why Parcel C was done that way. Mr. Novarr stated that there was no intention to ever build • a road on that little strip of land, Parcel C. Chairperson Cornell asked if anyone were willing to offer a • Planning Board Minutes 23 March 19, 1996 APPROVED April 2, 1996 • motion of determination of environmental significance. MOTION by Fred Wilcox, seconded by Gregory Bell: WHEREAS: 1. This action is the consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No, 43- 1 -2.2, 28.6 +/- acres in size, into 3 lots, 14.4 + / -, 13.74 + / -, and 0.46 +/- acres in size respectively, located on the east side of Danby Road approximately 920 ft. north of its intersection with East King Road, MR- Multiple Residence District. JMS Ithaca Realty, Inc., Owner; John Novarr, Agent. 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, on March 19, 1996, has reviewed and accepted as adequate a Short Environmental Assessment Form Pt. I submitted by the applicant and a Part II prepared by the Town Planning Department, a plat entitled "Survey Map Showing Lands of JMS Ithaca Realty, Inc., Located on New York State Route 96B - Danby Road, Town of Ithaca, Tompkins County, New York" prepared by Allen T. Fulkerson, L.S. and dated November 21, 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, an Environmental Impact Statement will not be required. Chairperson Cornell called for a vote. Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. Board Member Hoffmann stated that she wanted to be sure that • Planning Board Minutes 24 March 19, 1996 APPROVED April 2, 1996 • the SEQR resolution was adopted with the assumption that the acreage was researched and corrected on the final Resolution. right hand Chairperson Cornell noted that this was a Public Hearing and asked if there was anyone present from the public that wished to speak. No one spoke. Chairperson Cornell closed the Public Hearing and brought the matter back to the Board for discussion. Board Member Wilcox stated that he wanted to be sure that it was clear that the big parcel is 43- 1 -2.2, and the little parcel on the bottom, right hand side of the drawing is 43 -1 -6, and this little parcel over here is labeled either 43 -1 -1.2 or 43- 1 -1.1. Mr. Wilcox stated that the survey map does not say that the large parcel is Tax Parcel No. is 43- 1 -1.2, but the resolution says that the large Parcel is 43- 1 -2.21 Director of Planning Kanter stated that the Tax Maps show that parcel as being 43- 1 -2.2. Chairperson Cornell stated that it seemed appropriate to a number of the members of the Board that the open space be rotated so that it was more level with Parcel A, in the event that Parcel B is not developed, it would be a more sensible design for open space. Director of Planning Kanter stated that there were two options, one would be to have very specific cross easements which would guarantee access to both Parcels A and B to that open area, and the second would be to change the boundary lines of the parcels. Mr. Novarr stated that he is better off with the easement than with the dedication because he has to go back and get this approved by the person that the original piece of land was purchased from. Mr. Novarr stated that when all is said and done at this meeting, that person will come back and take a lien against Parcel B, but if that parcel gets smaller, it would be a modest problem for him. Director of Planning Kanter stated that it would be helpful, if not appropriate, to show the approved site plan development on Parcel B, as well as Parcel A so that the Board can see exactly what is supposed to be happening there. Mr. Kanter stated that with the site plan information on the plat, if there were any modifications, all of the pertinent information would be on one drawing. Mr. Novarr stated that the reason that was not done was because he presumed that to hold the permits for the rest of the property, and any modification would take another visit to the Town of Ithaca. Mr.'Novarr stated that all of the drainage, • Planning Board Minutes 25 March 19, 1996 APPROVED April 2, 1996 water and sewer lines would work the same as they were proposed when the site plan was approved. Director of Engineering Walker stated that everything for Phases Three and Four is totally dependant on what was put on Phases One and Two. Mr. Walker stated that the utility design was for the whole site, and if for some reason a different owner comes in and decides that they do not want additional people on Parcel B. Mr. Walker stated that there would be a problem then because that person could decide not to give permission to allow the water and sewer connections. Mr. Novarr stated that the owner of Parcel B would have the problem, and that would be reflected in the price that person would have to pay for that parcel. Mr. Novarr stated that there are two reasons for needing this subdivision, one is the rule against secondary financing with the conduit loan, and the second is that there is an agreement on the part of the person that held the mortgage on the undeveloped land, after this process, he will take a lien on Parcel B. Attorney Barney stated that the Planning Board has to look at whether the lender on parcel A would allow easements that will allow hookups. Mr. Novarr stated that the easements are written into the deal for financing. Attorney Barney asked about an easement across the road to continue the road around as shown on the site plan. Director of Engineering Walker stated that there are certain easements that are proposed to be shown on the plat before it was signed by the Board Chairperson. Mr. Walker stated that there is a loop road from Danby Road into Phase One, which would extend to Phase Four, Phase Three and back down into Phase Two, which provides the circulation and the access to all of the buildings in the two future phases. Mr. Walker stated that assumes that the owner of Parcel B would have the right of access through the roadways on Phase One and Two. Mr. Walker stated that the easement needs to be delineated on the plat, but right now all that is shown is the roadway. Mr. Walker stated that the maps also do not show that water and sewer for the whole parcel enters the lot from Danby Road near building four. Attorney Barney stated that he was trying to determine if the Town would be able to get the easements for the lender for Parcel A, legally. Mr. Novarr stated that he believes that he has those 0 Planning Board Minutes 26 March 19, 1996 APPROVED April 2, 1996 • easements in the loan documents. Attorney Barney stated, to create a self - contained unit, there is a site plan that says these lots must be connected, and whoever owns Parcel B, in the approval by this Planning Board would be assured that Parcel B has the ability to have traffic flow through this site plan, not through some 25 percent around the perimeter. Director of Engineering Walker stated that he would recommend preliminary approval on this subdivision with the exception that Parcel B and Parcel C become lot B, unless there is some legal problem with doing that. Mr. Walker stated that the easements for the roadway be shown on the plat, the sewer and water lines that would be used by Parcel B be shown on the plat and the easement language be included, and the stormwater management needs to be shown on the plat. The easement s through the parcel including the flood water detention pond and any easements that are there. Mr. Walker stated that a cross easement from Parcel A to have access to portions of Parcel B for the open space, if that is appropriate. Attorney Barney stated that this may be too much stuff to put into preliminary Subdivision approval, and felt that the Board should treat this as a Sketch Plan Review for this project. Attorney Barney stated that it could then come back with the additional information on it for accurate review of the entire project. Attorney Barney stated that he was having trouble with a few things on this property, for example, how is the pond going to be handled. Currently there is one owner of the pond, but the subdivision will set up a situation where two potential owners, and both need the pond, who will maintain that pond. Mr. Novarr stated that the people on Parcel A, should they need to sell Parcel B, are either going to be smart enough to let the new owners of Parcel B know that they will have to help maintain the pond, or they will maintain it themselves. Attorney Barney stated that the Town is a party to an agreement that needs to be clarified in case there are two owners. Chairperson Cornell noted that this was a Public Hearing and asked if anyone from the public wished to speak. No one spoke. Chairperson Cornell closed the Public Hearing and brought the matter back to the Board for discussion. Chairperson Cornell asked Attorney Barney if he felt that • Planning Board Minutes 27 March 19, 1996 APPROVED April 2, 1996 there is sufficient work that needs to be done on this Site Plan and that the Board should not consider this for Subdivision Approval. Attorney Barney stated that he is concerned that if the Board grants Preliminary Subdivision Approval, and in so doing the Board can articulate conditions, but once approval is granted with those conditions, basically the final subdivision approval is a stamp that these conditions have been met. Attorney Barney stated that by then the Board's options or discretion is relatively limited. Attorney Barney stated that he is having trouble with the easements, cross easements, and other site plan aspects, and would like to see them on a plat and then do Preliminary and Final if the information given is complete enough. Attorney Barney stated that at that point the Board can narrow down the scope of additional work that needs to be done. Chairperson Cornell advised Mr. Novarr that if he submitted enough information to the Board so that they are satisfied with that information, Preliminary and Final approval can be done at the next meeting and it would not effect his timeframe for approval. • Mr. Novarr stated that he has to have subdivision approval done within six months from December 15, 1995. Mr. Novarr stated that he tried to work this project through with the Planning Department already and what has been given to the Board is what he was asked to deliver to the Board. Director of Planning Kanter stated that most of the work Mr. Novarr has done, was done over the phone with one member of the Planning Department, Mr. Kanter suggested a meeting with Mr. Novarr, Director of Engineering Daniel Walker, Attorney for the Town John Barney, and himself to review the materials and discuss what is needed. Mr. Novarr stated that he thinks that he has what the Board is asking for, but he did not bring them or know that the Board would want them. Attorney Barney stated that the Planning Board should indicate now, whether there is a problem with the concept of this project. Board Member Finch stated that he feels that Mr. Novarr can go ahead with this project and the Board would support what he is trying to do, as long as the various details are worked out. Board Member Wilcox stated that the concept is fine, it is • the legalities that are of concern. • Planning Board Minutes 28 March 19, 1996 APPROVED April 2, 1996 Chairperson Cornell declared the matter of Sketch Plan review of the College Circle Three Lot Subdivision duly closed at 9:42 p.m. AGENDA ITEM: PRELIMINARY DISCUSSION OF THE PROPOSED SIX MILE CREEK VALLEY CONSERVATION DISTRICT. Director of Planning Kanter stated that the Town Board had discussed this at their last meeting and agreed to refer it to the Planning Board for their recommendation. Mr. Kanter stated that the Planning Board will be scheduling a Public Hearing which is tentatively set for April 16, 1996. Mr. Kanter stated that it was put on tonight's agenda to give the Board Members an opportunity to look at it with enough time to review it and become familiar with the concept of it. Chairperson Cornell stated that this is the first of what is hoped to be several Conservation Districts to be proposed in the Town of Ithaca. Chairperson Cornell stated that this site was chosen because it has a very high number of features that need to be preserved and it is fairly clear cut why this is a sensitive area and needs some type of additional protection. Chairperson Cornell stated that the biggest point of controversy is the • western boundary line of the district. Chairperson Cornell stated that the critical issue is that it reduced the density within the district. Director of Planning Kanter stated that there are two alternate proposals for the boundary now, the original proposal on the Coddington Road side was to have the boundary along Coddington Road, but received a lot of comments from residents in the area that were supportive of the overall district, but were opposed to having the areas immediately around their houses along Coddington Road affected by the district. Lot sizes would become non - conforming in the district so it was decided to move the boundary line back, but then the question became does the Town use the railroad right -of -way and the South Hill Recreation Way as a border itself, or should the features on the southwest side of the South Hill Recreation Way be included in the district. Mr. Kanter stated that the Town ended up producing a natural features map which primarily includes steep slopes and erodible soils. Mr. Kanter stated that there are several places where other features extended beyond the proposed border. Mr. Kanter stated that the original number of 200 feet from the right -of -way was just an arbitrary setback drawn, but the 500 feet setback line reflects more of the actual topographic and soil conditions that exist there. • Board Member Gregory Bell stated that there were comments received from the people on Coddington Road that did not want their houses included because of the lot sizes. Mr. Bell stated . Planning Board Minutes 29 March 19, 1996 APPROVED April 2, 1996 that the house that he lives in is already within the proposed Conservation District, and everything that was said about Coddington Road residents would also apply to the Penny Lane side of the proposed district. Director of Planning Kanter stated that there would definitely be some properties that would be in the district that would become pre- existing non - conforming lots, and would have to go through some process for specific types of improvements. Mr. Kanter stated that Penny Lane and the whole Common Lands area, which also had originally been proposed to be within the Conservation District, was taken out because it is a fully developed area in terms of the site plan, and the remaining land is permanently reserved open space. Mr. Kanter stated that it was felt that the areas that were "built up" should be excluded, so the boundary along Slaterville Road remains at the existing R- 15/R-30 zoning boundary. Mr. Kanter stated that Commonland is unaffected. Board Member Bell stated that the part of Penny Lane he is asking about is the four or five houses that do exist there that are not part of Commonlands, but that are on Penny Lane, and are totally within the Conservation District. • Director of Planning Kanter stated that the reason for that is because that is where the existing R- 15/R -30 zoning boundary lines are, and it would be better not to do any shifting of that boundary. Board Member Herbert Finch stated that it did not appear, while looking at the natural features map, that there is enough difference in the soils to move the boundary out the 500 feet from the South Hill Recreation way. Mr. Kanter stated that some people felt that there was enough of the soils between the 200 and the 500 foot boundaries to extend the boundary to that 500 feet. Board Member Eva Hoffmann stated that the same thing is true of the Slaterville Road site, if one looks at the natural areas map, the soils come all the way up to Slaterville Road, essentially. Director of Planning Kanter stated that there is quite a bit of erodible soils of the Slaterville Road side. Board Member Finch stated that nothing is going to happen between the 200 feet and the 500 feet boundaries anyway, because • there are creek beds and steep slopes, and gorges. • Planning Board Minutes 30 March 19, 1996 APPROVED April 2, 1996 Chairperson Cornell stated that there are a lot of pros and cons for this project. Chairperson Cornell stated that this is the first Conservation District as recommended in the Comprehensive Plan. Chairperson Cornell stated that it is her opinion that if the Planning Board chose the 200 foot boundary, less people would be aggravated. Chairperson Cornell stated, that if the Planning Board chose that boundary and then later on found out there are still runoff problems, the Town could go the neighbors, explain the problem, and ask if they would consider extending the border. Chairperson Cornell stated that the Unique Natural Area (UNA) map, the UNA ends approximately at the 200 foot boundary. Chairperson Cornell stated that the South Hill Recreation Way needs a buffer no matter what, and 200 feet seems to be good. There does not seem to be any remarkable flora or fauna in that area, but there are sensitive gorges and highly erodible soils. Board Member Bell asked if all of the land owners in and around the district be notified through of the Public Hearing. Director of Planning Kanter responded, yes. Mr. Kanter stated that they have already been sent almost the same packet of materials that the Planning Board had received tonight, before it • went to the Town Board, Mr. Kanter stated that all of the landowners would received individual notices of the Hearing, and other neighborhood Associations. Board Member Finch stated that he did not feel that an argument for this district should be a buffer for the South Hill Recreation Way, because people would not be impressed with that as a reason for needing this district. Board Member Wilcox stated that a lot of people expressed displeasure of the trail being through their back yards. Chairperson Cornell stated that there was a sheet included in the packet that focuses on why the Town wants this district, and those should be focused on at all times during the Public Hearing, Board Member Bell asked if there was any activity going on in the Town of Dryden regarding this project. Director of Planning Kanter stated that people from the Town of Dryden should be invited to the Public Hearing as well. Board Member Bell asked if anything was being done in terms of preservation across the Town of Ithaca town line with the Town • of Dryden. !.. • Planning Board Minutes 31 March 19, 1996 APPROVED April 2, 1996 Director of Planning Kanter responded, no, nothing in terms of ordinances in those areas. Board Member Finch stated that the City of Ithaca continues to own land on up the Six Mile Creek Valley, even into the Town of Dryden. Mr. Finch stated that the City of Ithaca Watershed goes quite a ways into Dryden. Board Member Fred stated that the proposed Local Law for this district does not reference the boundaries or a map. Attorney Barney stated that there should be a- clause in the Local Law that references the modified Zoning Map, if it is not in there it will be amended. Chairperson Cornell closed the discussion regarding the Six Mile Creek Conservation District proposal. AGENDA ITEM: APPROVAL OF MINUTES - MARCH 5, 1996. MOTION by James Ainslie, seconded by Robert Kenerson: RESOLVED, that the Town of Ithaca Planning Board Minutes of March 5, 1996, be and hereby area accepted with the following changes: That on Page 10, Paragraph 5, Last Sentence, which read: "Mr. Frantz stated that because they eliminated the proposed parallel committee along Building No. 14." This has been changed to read: "Mr. Frantz stated that because they eliminated the proposed parallel parking along Building No, 14." That on Page 10, Paragraph 7, which read: "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 housing nearest to those places needing those services." This has been changed to read: " "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 facilities nearest to those places needing those services." That on Page 10, Paragraph 9, which read: "Board Member Hoffmann stated that her point was that in order to decrease any traffic that would have to go through the residential areas of the Town." • This was that her point to. go through changed to read: " "Board Member Hoffmann stated was to try to decrease any traffic that would have the residential areas of the Town." Planning Board Minutes 32 March 19, 1996 APPROVED April 2, 1996 There being no further discussion, Chairperson Cornell called for a vote. Aye - Cornell, Hoffmann, Ainslie, Finch, Kenerson, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. OTHER BUSINESS. Chairperson Cornell reminded everyone that March 20 and March 21, 1996, there would be the SEQR Workshop, and encouraged Board Members to attend. Director of Planning Kanter stated that the Town had received a request from the City of Ithaca to provide a response to their proposed Inlet Island Park Substitution, which involves deparking certain lands in the City, which involves proposing part of their substitute park lands several parcels in the Six Mile Creek Valley. Mr. Kanter stated that staff thought it would be appropriate if agreeable to the Board, to come up with a very simple response letter indicating their support for the overall • idea of preserving additional land in the Six Mile Creek area, which would compliment the Town's efforts to preserve the Six Mile Creek area. Mr. Kanter stated that he had submitted a draft letter for the Board's consideration. Chairperson Cornell stated that she endorses the City buying more property in the Six Mile Creek. Ms. Cornell then asked if the Board would be endorsing whatever plans they have for deparking land. Director of Planning Kanter stated that he did not feel it was the Towns intentions to endorse that, and tried to word the letter which focused on support for the preservation of lands in the Six Mile Creek Area. Mr. Kanter stated that it takes an act of legislature to alienate park lands. Planner Cornish stated that in order to alienate parkland, there must be substitute parkland given in exchange, and it follows that criteria. After some discussion and review of the letter, Chairperson Cornell agreed to a revised letter to be sent to the City of Ithaca. (A Copy of the letter is attached hereto as Exhibit #2) r1 U • Planning Board Minutes 32 March 19, 1996 APPROVED April 2, 1996 Chairperson Cornell stated that Assistant Town Planner George Frantz's father passed away suddenly last week, and moved to extend condolences to him and his family on behalf of the Town of Ithaca Planning Board, ADJOURNMENT, Upon MOTION, Chairperson Cornell declared the March 19, 1996, Town of Ithaca Planning Board Meeting duly closed at 10:35 p.m. • DARFTED: 3/28/96.srh Resp tfulAly submitted, �' vU Starr Hays, Recording Secretary, Town of Ithaca Planning Board. M ry Br ant, Y GG'r� Administrative Secretary. I TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1783 FAX (607) 273 -1704 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 19, 1996, commencing at 7:30 P.M. as per attached. Location of Sign Board used for Posting: Entrance of Town Hall. Date of Posting: Date of Publication: STATE OF NEW YORK ) COUNTY OF TOMPKINS ) March 11, 1996 March 13, 1996 SS.. Bulletin Board, Front ZJl,dl1 ricly6, Recording Secretary,. Town of Ithaca Planning Board. Sworn to and subscribed before me this 14th day of March 1996. Filename: Starr \Agendas \PPAFF \3- 19- 962.PPA ar ub10 BETTY F POOLE NOTARY PUBLIC STATE OF NEW YORK # 4646 427 • • u _TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC i HEARINGS Tuesday, March 19 1996 I By direction of the dairman ,ot the Planning Board, NO- I iTICE IS HEREBY GIVEN that Public Hearings will be held -by the Planning Board of the Town of Ithaca on Tuesday, ,March 19, 1996, at 126 tiEast Seneca Street, Ithaca, INY, at the'following times on ythe following matters. 7:35 P.M. State Environmen- tal Quality Review Act hear ing on the Draft Environmen; {tat Impact Statement (DEIS) land Public Hearing on Pre' liminary Subdivision Ap= Proyal for the Buttermilk Val- ley Estates Subdivision to include 70 lots consisting of 67 clustered lots, an 18 acre Ilot to be preserved as un- ideveloped open space, a 0.8 +/- acre lot to be a neighborhood park, and a ;neighborhood +/ acre lot which con- tains an existing. wetland, i inn, restaurant, barn and ten- , nis facility, approximately 4,159. linear, feet of road, and water and sewer facili- ties, to be located between. 1146 and 11.72 Danby, Road, Town of Ithaca Tax Par- cel Nos. 36 -1 -4.2 � and 36 -1 -6, Residence District R -30, Residence District R -15 and Special Land use District S -1, Walter J. and Joyce Y. ;Wiggins, Owners/ Applicants; William �F: AI- bern, P.E. Agent. 8:30 P.M. Consideration of Preliminary and Final Subdi• i vision Approval for the' pro- f t h osed subdivision of Town of aca Tax Parcel ?No. 43- 1 -2.2, 30.5 +/- acres in size, into 3 lots, 16.30±, 13.74± and 0.46± acres in size respectively, located on the east side ofyDanby Road i of 'its intersection' with 'East King Road, on" the property 'known as College Circle Apartments, MR Multiple i ;Residence District. JMS Ithaca i ;Realty, . Inc., Owner; John jNovarr Agent. ,Said Planning Board will at Isaid times and said places ihear all persons in support of isuch matters or obiections i thereto. Persons may appear by agent or in person. Indi- ' wduals with visual impair- ments, hearing impairments ,or other special needs, will be provided with assistance as necessary, upon request, f Persons desiHng 6ssistdnce must make such a request not less than 48 hours prior to the time of the public hearing Jonathan Kanter, AICP Director of Planning 273 -1747 -'March 13, 1996 ____ __ :7 • 0 TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday. March 19. 1996 COPY 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 19, 1996, at 126 East Seneca Street, Ithaca, N.Y., at the following times and on the following matters: 7:35 P.M. State Environmental Quality Review Act hearing on the Draft Environmental Impact Statement (DEIS) and Public Hearing on Preliminary Subdivision Approval for the proposed Buttermilk Valley Estates Subdivision to include 70 lots consisting of 67 clustered lots, an 18 acre lot to be preserved as undeveloped open space, a 0.8 +/- acre lot to be a neighborhood park, and a 17 +/- acre lot which contains an existing wetland, inn, restaurant, barn and tennis facility, approximately 4,159 linear feet of road, and water and sewer facilities, to be located between 1146 and 1172 Danby Road, Town of Ithaca Tax Parcel Nos. 36 -1 -4.2 and 36 -1 -6, Residence District R -30, Residence District R -15 and Special Land use District S -1, Walter J. and Joyce Y. Wiggins, Owners /Applicants; William F. Albern, P.E., Agent. 8:30 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 43- 1 -2.2, 30.5 +/- acres in size, into 3 lots, 16.30 + / -, 13.74 + / -, and 0.46 +/- acres in size respectively, located on the east side of Danby Road approximately 920 feet north of its intersection with East King Road, on the property known as College Circle Apartments, MR Multiple Residence District. JMS Ithaca Realty, Inc., Owner; John Novarr, 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, March 11, 1996 Publish: Wednesday, March 13, 1996 Jonathan Kanter, AICP Director of Planning 273 -1747 • TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 FAX (607) 273 -1704 • FAX MESSAGE TO: Lonnet rar✓ FROM: �ry� DATE: RE: Number of pages (including cover sheet): Comments: FAX # FAX # _(607)_273 -1704_ ZONING 273 -1783 -TOWN -OF ITHACA, NY ID :60?2�'31T04 MAR 11'96 9 :44 TRRhk SM I T CONF I rRMRT I OIA REPORT NO. • RECEIVER TRANSMITTER DATE DURATION MODE PACES RESULT O01 TOWN OF MAR 01'06 STD 02 OK 607 272 4335 ITHACA, NY 11'96 9 :44 r: • FINAL C(DPY TOWN OF ITHACA • 126 EAST SENECA STREET, ITHACA ' N.Y. 14850 TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 273 -1747 ZONING 273 -1783 FAX (607) 273 -1704 • March 20, 1996 Douglas Foster Planning Systems Manager City of Ithaca Department of Planning and Development 108 E. Green Street Ithaca, New York 14850 Dear Mr. Foster: Thank you for the notification regarding lead agency and environmental review for the proposed "Inlet Island Cass Park Lands Conversion." The Town of Ithaca Planning Board would like to express support for the City of Ithaca's proposal to acquire land in the Six Mile Creek Valley to be preserved as passive parkland. The City's efforts in preserving these private parcels would complement the Town's proposal to amend the Town of Ithaca Zoning Ordinance to establish a new Conservation District in the Six Mile Creek Valley. Very truly yours, & ,, W,, // Candace Cornell, Chair Town of Ithaca Planning Board cc: Catherine Valentino, Supervisor