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HomeMy WebLinkAboutPB Minutes 2006-12-19FILE DATE \ -F- REGULAR MEETING TOWN OF ITHACA PLANNING BOARD TUESDAY, DECEMBER 19, 2006 at 7:00 p.m. 215 NORTH TIOGA STREET, ITHACA NY 14850 The Town of Ithaca Planning Board met in regular session on Tuesday, December 19, 2006, at the Town Hall, 215 North Tioga Street, Ithaca, New York, at 7:00 p.m. PRESENT Fred Wilcox, Chairperson; Board Member; Rod Howe, Talty, Board Member. ABSENT Tracey Mitrano, Eva Hoffmann, Board Member; George Conneman, Board Member; Larry Thayer, Board Member; Kevin Board Member STAFF Jonathan Kanter, Director of Planning; Daniel Walker, Director of Engineering; Christine Balestra, Planner; Mike Smith, Planner; Susan Brock, Attorney for the Town; Paulette Neilsen, Deputy Town Clerk, OTHERS PRESENT Herb Engman, Warren Road; Kim Michaels, Trowbridge and Wolf; Grace Chiang, Holt architects; Bill Paladino, Buffalo, NY; Joanne Tredco, Vivien Lorenzo and Alfonse Pieper, from the Belle Sherman /Byrant Park neighborhood(s) CALL TO ORDER . Chairperson Wilcox declares the meeting duly opened at 7:05 p.m., and accepts for the record Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on December 11, 2006 and December 13, 2006, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Danby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon the applicants and /or, agents, as appropriate, on December 11, 2006. Chairperson Wilcox states the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. PERSONS TO BE HEARD Chairperson Wilcox. invites the public to address a topic that is not on this evenings agenda and stating that if there were people present for the sketch plan review for the proposed hotel and retail at East Hill Plaza, although that is not a PB Minutes Dec. 19, 2006 Pg. 2 Public Hearing, the Board we will give them an opportunity to speak at that time. There being no one, the next item was announced. SEAR Determination: Engman / Westmont 2 -Lot Subdivision, 206 Forest Home Drive and 120 Warren Road. Herb Engman, 120 Warren Road I am proposing to buy 1000 square feet from my downhill neighbor. I am on the up side on Warren Road and the Westmont's are on the downside of Forest Home Drive. It's mainly' to straighten out a lot -line and 1000 square feet is maybe '/ or less of this room, so it's not a huge amount of territory. I am aware that it is a Type I action, I have never been a Type I action before, I am very proud of that and the reason is that I am not in the Historic District but the 1000 square feet will move from a. lot that is in the Historic District to my lot and so we will lose 1000 square feet of a Historic District to me. Chairperson Wilcox — We should point out that Herb is a member of the Town of Ithaca Town Board, just for the record. Ms. Brock — actually I am not sure that that would be lost from the Historic District ... The lines are already set, it just detaches from the current house that is in the Historic District to your house, which is not. Chairperson Wilcox — Environmental concerns? Herb, you have no plans to build on this 100 - square foot lot? Mr. Engman — No, it's a very steep slope and it would be virtually impossible to build on. So it will remain in its natural state. Board Member Hoffmann — So what is the reason that this is happening? Mr. Engman — My lot is a very weirdly shaped lot, It comes out from Warren Road and then juts suddenly one direction and by buying 1000 feet from my neighbor, I can straighten out the lot line a little bit and it gives me a little breathing room from the back of my lot line. It's a little longer lot .line from the back of the house. The majority of my lot just goes straight, at an angle down the hill and doesn't give me a lot of backyard area and this will help me with that. Board Member Hoffmann - So even though this is very steep, it will give you a little space. Mr. Engman — Right, right. Chairperson Wilcox — Any further discussion? PB Minutes Dec. 19, 2006 . Pg.3 ADOPTED RESOLUTION: PB RESOLUTION NO. 2006 -120: SEQR Preliminary & Final Subdivision Approval Engman/Westmont 2 -Lot Subdivision, 206 Forest Home Drive & 120 Warren Road, Tax Parcel No.'s 66 -2 -2 & 66 -2 -4 MOTION made by Board Member George Conneman, seconded by Board Member Rod Howe. WHEREAS: 1. This is consideration. of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No.'s 66-2 -2 and 66 -24, Medium Density Residential Zone. The proposal involves subdividing a +/ -1,000 square foot strip of land from the eastern edge of 206 Forest Home Drive, which will then be consolidated with 120 Warren Road. Roger & Lois Westmont and Herbert Engman, Owners /Applicants, and 2. This is a Type I Action for which the Town of Ithaca Planning Board is acting as Lead Agency in this environmental review with respect to Subdivision Approval, and 3. The Planning Board on December 19, 2006, has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, survey maps entitled "Survey Map of 1.20 Warren Road, Town of Ithaca, Tompkins County, New York," prepared by Kenneth A. Baker, amended 10/3/06 to show 1000 s.f, parcel, and survey map of "Forest Home Drive lot 92, Town of Ithaca, Tompkins County, New York" prepared by Kenneth A. Baker, amended 7/30/97 which references the proposed subdivision Parcel A, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed Subdivision Approval; NOW THEREFORE BE IT RESOLVED. That the Town of Ithaca Planning Board hereby of environmental significance for the reasons Assessment Form Part II referenced above, in State Environmental Quality Review Act for t proposed, and, therefore, an Environmental required, A vote on the motion resulted as follows: makes a negative determination set forth in the Environmental accordance with the New York he above referenced action as Impact Statement will not be PB Minutes Dec. 19, 2006 Pg. 4 AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, and Talty. NAYS: None. The Motion was carried unanimously. Chairperson Wilcox announces the next Agenda item. PUBLIC HEARING. Consideration of Preliminary and Final Subdivision approval for the proposed 2 -lot subdivision (lot line modification) located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No.'s 66 -2 =2 and 66 =2 -4, Medium Density Residential Zone. The proposal involves subdividing a +/= 1,000 square foot strip of land from the eastern edge of 206 Forest Home Drive, which will then be consolidated with 120 Warren Road. Westmont Family Trust and Herbert J. Engman, Owners /Applicants. Board Member Talty — I have a question. I understand the breathing room part, but this makes it an even more odd .looking parcel to me, am I alone on that? If you look at the current parcel the way it is, I understand it's a little odd shaped, but now if you include that 1000 square foot,.it's even more odd.. Chairperson Wilcox — it is odd. It kind of violates my sense of ... But it's a legal lot. It looks odd, but it's a legal lot. _ Board Member Talty — I could see a larger parcel being purchased... Chairperson Wilcox — I can see another thousand then another thousand until eventually you fill up the backyard. Mr. Engman - I can explain that a little bit. I had actually offered to buy the entire section that runs from my property down to the...there's a sharp curve in the Town of Ithaca's trail that runs down there but the Westmont's wanted to preserve, the potential at least, for two lots on their property. They have enough property where it could be potentially two lots. So they wanted to sell only the minimum 1000 square feet, otherwise I would have bought considerable more down the hill, but they did not want to go in that direction. Board Member Hoffmann — The one thing that I think I see on the aerial map, is that it looks like by purchasing this 1000 square feet you will be able to have access to that walkway, which you don't have now. Except by going out on Warren Road. Mr. Engman — That is correct. When the left a gap in the guardrail that goes down be school children that used to walk thrc the trail and catch the bus on Forest Hor Warren Road, so they don't need to use Town of Ithaca built that walkway, they and the reason for that is there used to ugh the backyards and go out through ie Drive. Well, today the bus stops on it but both I and my neighbors use the PB Minutes Dec. 19, 2006 Pg. 5 connection to get there and now I'll have a connection on my own land, rather than through my neighbor's property, which will still be the Westmont's property. They've graciously allowed us to do that. Board Member Hoffmann — But is it possible to walk there? It's not too steep to walk? Mr. Engman — It is a challenge and it's not something I do in winter when it is frozen. Chairperson invites the Public to speak. There being no one, he closes the Public Hearing at 7:15 p.m. ADOPTED RESOLUTION: PB RESOLUTION NO. 2006 -121 Preliminary and Final Subdivision Approval -- Engman/Westmont 2 -Lot Subdivision 206 Forest Home Drive & 120 Warren Road Tax Parcel No.'s 66=2=2.& 66 -2 -4 MOTION made by Board Member Larry Thayer, seconded by Chairperson Fred Wilcox. WHEREAS: 1. This is consideration of Preliminary and Final Subdivision Approval for the proposed 2 -lot subdivision located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No.'s 66 -2 -2 and 66-24, Medium Density Residential Zone. The proposal involves subdividing a +/ -1,000 square foot strip of 'land from the eastern edge of 206 Forest Home Drive, which will then be consolidated with 120 Warren Road.. ` Roger & Lois Westmont and Herbert Engman, Owners /Applicants, and 2. This is Type I Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has on December 19, 2006, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, and 3. The Planning Board on December 19, 2006, has reviewed and accepted as adequate a Full Environmental Assessment Form Part I, submitted by the applicant, and Part II prepared by the Town Planning staff, survey maps entitled "Survey, Map of 120 Warren Road, Town of Ithaca, Tompkins County, New York," prepared by Kenneth A. Baker, amended 10/3/06 to show the 1,000 s.f, parcel and survey map of "Forest Home Drive lot 92, Town of Ithaca, Tompkins County, New York" prepared by Kenneth A. Baker, amended 7/30/97 which references the proposed subdivision Parcel A and other application materials; PB Minutes Dec. 19, 2006 . Pg.6 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 Checklists, 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 2 -lot subdivision located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No.'s 66 -2 -2 and 66-2 -4, as shown on the survey map entitled "Survey Map of 120 Warren Road, Town of Ithaca, Tompkins County, New York," prepared by Kenneth A. Baker, amended 10/3/06 to show the 1,000 s.f. parcel and survey map of "Forest Home Drive lot 92, Town of Ithaca, Tompkins County, New York" prepared by Kenneth A. Baker, amended 7/30/97 which references the proposed subdivision Parcel A, subject to the following conditions: a, submission for signing by the Chairman of the Planning Board of a mylar and three dark - lined prints of the final subdivision plat, prior to filing with the Tompkins County Clerk's Office, and submission of a receipt of filing to the Town of Ithaca Planning Department, and b, within six months of this approval, consolidation of the 1,000 +/= square foot parcel with Tax Parcel No. 66-2 -4, and submission of evidence of such consolidation to the Town of Ithaca Planning Department. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, and Talty. NAYS: None. The Motion was carried unanimously. Chairperson Wilcox announces the next Agenda item at 7:19 p.m. SEQR Determination: Ithaca Community Childcare Center Additions & Renovation, 579 Warren Road. . Grace Chiang, Holt Architects and Kim Michaels, Trowbridge and Wolf Ms. Michaels — As you know from our sketch plan review submission, the proposal in front of you includes putting two additions on the Ithaca Community PB Minutes Dec. 19, 2006 Pg. 7 Child Care building and also doing some interior renovations and some exterior work. The phasing for this work will include:. The first phase will be approximately 5360 gross square feet of the after school area for the children and that is an additional new space and new programming on -site. Right now that after - school program happens remotely, they rent space for it and they would like to consolidate it at their current location. The second phase is approximately 550 gross square feet on the infant wing. This will allow reconfiguration of the infant rooms to enlarge all of those spaces. The third phase will be interior renovations and the fourth phase will be providing a canopy from the front door to the parking lot. The landscape improvements and site work mostly deal with accommodating the building addition, putting the site back together, doing site grading, putting back lawn and tree. Mostly in the configuration that existed before. There are no changes to the parking lot. There is an additional sidewalk being added and a crosswalk to facilitate circulation through the site.. This is really the only change that's been, that's happened in the plan since we came to you for sketch plan review. We had originally thought that the busses might be able to stop on Warren Road and come across the site, and the County was not interested in that possibility and so conversations with the neighbor at BOCES have indicated that the school busses that will drop the after - school children off can enter the BOCES site, which is south, and there's a diagram in your packet of information, it's on the third or fourth page, that shows how the busses will travel to the site. It's entitled "Pedestrian Circulation" it's a color diagram that shows how the busses will loop through the BOCES site. They will come in to the south of IC3 through the BOCES driveway, loop through the BOCES campus and actually end up tight here. The bus will end up here, facing this direction so children will leave the bus and immediately be picked up . by a sidewalk that runs all the way to the front door without crossing any vehicular traffic at all. That is the major change, the only change really, since we came to you for sketch plan and in direct response to your comments at that time. Children will be met by teachers when they get off the bus and escorted into the classroom. BOCES is in agreement with this arrangement and there has been a letter included in your packet from BOCES which shows that they're interested in working out this kind of circulation between the two properties and we do not have the formal legal easements and agreements yet between the two parties. but we ask that we be granted approval this evening contingent on providing those before building permit. PB Minutes Dec. 19, 2006 Pg. 8 The only other site improvements really are providing site lighting along the main walk in front of the main building and these will be dark =sky, full. cut off fixtures to adequately light the site, especially in the winter months when pick -up time coincides with darkness. Grace Chiang — I guess the only thing I would add is that there are elevations .in the packet, which are behind Kim here, so you can probably see in your packet ... It indicates where the after - school addition is and where the infant addition is and this is all from the east looking west. And also the new canopy. As Kim had mentioned, there will be, in Phase 1, we will also be residing the building because the siding is in poor condition right now and needs to be resided, so the entire building will be resided as well as a roof replacement, it's a flat roof, for the most part, there is a little bit of shingle although I think it is only the flat roof that needs to be replaced., As you can see, these are the new pieces here sitting in front of the existing building, so there are obviously new (inaudible), new windows, all of those materials will match the existing windows, are aluminum clad wood window. I think, unless you have any questions....That's probably what we've got. Board Member Hoffmann I thought I saw something in the papers about some additional landscaping to the north of the existing building, where the site plan shows some playgrounds or something like.that. Ms. Michaels — There is nothing in. the plan that will make_ changes to the playgrounds. The infant addition will impact where the playground fence is, and can show you that on the drawing, and that's the only change. It will relocate that fence. The existing fence, right now the playground area is here and wraps around the building ... the existing fence runs along here and comes in to the front and because of this infant addition, we are going to just move... relocate that fence to come all the way across and then hit the addition. corner. Actually we will be losing a little space for the addition but capturing space in front. But there won't be any... Board Member Hoffmann — So that's the only place where there may be a little different landscaping, then, because it gets disturbed. Ms. Michaels — correct. Chairperson Wilcox - Dan, do you want to talk about drainage. Mr. Walker — It's downhill most of the time. Chairperson Wilcox — I noticed just slight increases in the ... PB Minutes Dec. 19, 2006 Pg. 9 Mr. Walker — Right, it's a very slight ... this small watershed is a small part of the overall big watershed that includes the health care campus that is all owned by Cornell. This is a very small disturbance, there is some paved area and sidewalk and some lawn area that's going to be replaced with roof and impervious surfaces but the increase in run off is very small ... it's less than an acre of disturbed area so it doesn't fall under the State Stormwater Pollution Requirements and there's plenty of capacity in the existing storm drainage system. There are no problems in that area apparently and their analysis shows that it is a very minor change and it won't be a big impact. Chairperson Wilcox = You agree with their analysis? Mr. Walker — Yes Chairperson Wilcox Michael, any comments from you? Mr. Smith — No, all set. Board Member Talty — I just want to say I appreciate the improvement on the site plan with regards to safety for the children. That was an issue that I had last time when they were crossing the parking lot, so kudos for working that out. Chairperson Wilcox — I am getting a little bit ahead of myself, but, you have every expectation that a fully executed agreement with BOCES will be possible? To allow busses to enter and to exit and for the children to be dropped off? We have the letter from them indicating that they are receptive to the ... to this use but you're right, it's one thing for the Administrator to say, it's another thing for the lawyers to get to it and begin worrying about things like liability. Board Member Thayer — On the lighting and landscaping page, there is a picture of a fixture there that sort of bothers .me...I don't see the bulb in it and if you're going to use that, I wonder where the bulb would be in that. Ms. Michaels — The bulb is in the housing at the top and it shines down. It's not a globe fixture. The globe fixtures don't ... Board Member Thayer — So the bulb wouldn't be visible? Ms. Michaels — No, absolutely. not. What is fun about it is it looks like those old fashion globe fixtures but it doesn't have the drawback of that ... so it's up inside that housing shining down. Chairperson Wilcox — Any other questions with regard to the environmental review? PB Minutes Dec. 19, 2006 Pg, 10 ADOPTED RESOLUTION PB RESOLUTION NO. 2006 -122: SEQR PRELIMINARY & FINAL SITE PLAN APPROVAL & SPECIAL PERMIT ITHACA COMMUNITY CHILDCARE CENTER — ADDITIONS & RENOVATIONS, 579 WARREN ROAD, TAX PARCEL NO. 73 =1 -1.4 MOTION made by Board Member Rod Howe, seconded by Board Member Kevin Talty. WHEREAS: 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73- 1 -1.4, Medium Density Residential Zone, The proposal includes the construction of two additions totaling +/- 5,910 gross square feet, interior renovations to the existing building, a new canopy leading to the main entrance, .and new landscaping, sidewalks, and lighting. Ithaca Community Childcare Center, Owner /Applicant; Peter J. Trowbridge, Trowbridge & Wolf,. LLP, Agent, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is acting as Lead Agency in environmental review with respect to Site Plan Approval and Special Permit, and 3. The Planning Board, on December 19, 2006, has reviewed and accepted as adequate a Short Environmental Assessment Form (EAF) Part I, submitted by the applicant, and Part II prepared by Town Planning staff, plans titled "Erosion and Sediment Control Plan" (C101), dated November 14, 2006, "Site Demolition Plan" : (L101), "Site Layout Plan" (L201), "Phasing Plan" (L202), "Site Grading Plan" (L301), "Landscape & Lighting Plan", (L401), "Floor Plan" (A101), and "Building Elevations" (A102), dated November 17, 2006, prepared by HOLT Architects, Trowbridge & Wolf, LLP, and T.G. Miller, P.C., 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 Approval and Special Permit; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance based on the information in the EAF Part I and for the reasons set forth in the EAF Part II in accordance with the New York State Environmental Quality Review Act and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above referenced action as proposed, PB Minutes Dec. 19, 2006 Pg. 11 and, therefore, neither a Full Environmental Assessment Form nor an Environmental Impact Statement will be required. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, and Talty. NAYS: None. The Motion was carried unanimously. Chairperson Wilcox announces the next Agenda item at 7:29 p.m. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73 =1 -1.4, Medium Density Residential Zone. The proposal includes the construction of two additions totaling +/- 5,910 gross square feet, interior renovations to the existing building, a new canopy leading to the main entrance, and new landscaping, sidewalks, and. lighting. Ithaca Community Childcare Center, Owner /Applicant, Peter J. Trowbridge, Trowbridge & Wolf, LLP, Agent. There being no one wishing to address the Board, Chairperson Wilcox closes the Public Hearing at 7:30 p.m. Chairperson Wilcox — Grace and Kim, why don't you come back here just in case. We talk about staging here a little bit. Construction, if approved and the appropriate legal matters are worked out with BOCES would begin in '07? Ms. Chiang — No, actually probably '08 which is different than what we told you about last time. IC3 is feeling that they can't move quite as quickly as they original felt. So Phase 1 would be '08, summer of '08. Chairperson Wilcolx - And completion would be ? ?? Ms. Chiang — Well, there are several Phases, completion of the first phase... Ms. Michaels — completion of the first phase would be before the beginning of the school year. Chairperson Wilcox — Well, what I am saying is if right now you push back Phase 1 start from '07 to '08, have both schedules been pushed back? Alright, alright. Board Member Howe — Is there a time limit on ... any time frame on when we approve this.... PB Minutes Dec. 19, 2006 Pg. 12 Mr. Kanter — There actually is a limit on the special permit of 18. months, I think,.. Chairperson Wilcox — There is a sunset provision on...but that is...you have to start construction within... Mr. Kanter — That's 3 months I mean three. years ... for site plan approval.. but I think it is 18 months for a special permit.... Ms. Brock — The Code has a requirement for when work has to materially commence and I am looking to see if there is a similar requirement for the duration of the work and when it has to be completed by ... I'm not seeing it on early review... Chairperson Wilcox — I am not aware that the zoning ordinances had a must complete by but we do have had a must start within. Ms. Brock — I don't see anything ... I will let you know if I find something, during your discussion. Chairperson Wilcox — Any other questions? ADOPTED RESOLUTION: P13 RESOLUTION NO. 2006 -123: Preliminary & Final Site Plan Approval & Special Permit Ithaca Community Childcare Center — Additions & Renovations, 579 Warren Rd, Tax Parcel No. 73 -1 -1.4 MOTION made by George Conneman, seconded by Larry Thayer WHEREAS. 1. This action is consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed. additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73- 1 71.4, Medium Density Residential Zone. The proposal includes the construction of two additions totaling +/- 51910 gross square feet, interior renovations to the existing building, a new canopy leading to the main entrance, and new landscaping, sidewalks, and lighting. Ithaca Community Childcare Center, Owner /Applicant; Peter J. Trowbridge, Trowbridge & Wolf, LLP, 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 and Special Permit has, on December 19, 2006, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment PB Minutes Dec. 19, 2006 Pg. 13 Form Part I, submitted by the applicant, and a Part II prepared by Town Planning staff, and 3. The Planning Board, at a Public Hearing held on December 19, 2006, has reviewed and accepted as adequate, plans titled "Erosion and Sediment Control Plan" (C101), dated November 14, 2006, "Site Demolition Plan" (L101), "Site Layout Plan" (L201), "Phasing Plan" (L202), "Site Grading Plan" (L301), "Landscape & Lighting Plan" (L401), "Floor Plan" (A101), and "Building Elevations" (A102), dated November 17, 2006, prepared by HOLT Architects, Trowbridge & Wolf, LLP, and T.G. Miller, P.C., and other application materials, NOW THEREFORE BE IT RESOLVED: That the Planning Board hereby grants Special Permit for the proposed Ithaca Community Childcare Center finding that the standards of Article XXIV Section 270 -200, Subsections A -L, of the Town of Ithaca Code, have been met, AND BE IT FURTHER RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town Board, and 21 That the Town of Ithaca Planning Board hereby grants Preliminary and Final. Site Plan Approval for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73- 1 -1.4, Medium Density Residential Zone, as shown on plans titled plans titled "Erosion and Sediment Control Plan" (C101), dated November 14, 2006, "Site Demolition Plan" (001), "Site Layout Plan" (L201), "Phasing Plan" (L202), "Site Grading Plan" (L301), "Landscape & Lighting Plan" (L401), "Floor Plan" (A101), and "Building Elevations" (A102), dated November 17, 2006, prepared by HOLT Architects, Trowbridge & Wolf, LLP, and T.G. Miller, P.C., subject to the following conditions: a. submission of one original set of the final site plan drawings on mylar, vellum, or paper, signed and sealed by the registered land surveyor, engineer, architect, or landscape architect who prepared the site plan material, prior to the issuance of a building permit, and PB Minutes Dec. 19, 2006 Pg. 14 b, submission of record of application for and approval of all necessary permits from county, state, and /or federal agencies, and C, submission of an agreement between BOCES and IC3 for the use of a portion of the adjacent BOCES property for overflow parking and as the site for school bus drop -offs, for review and approval of the Town Attorney, prior to issuance of a building permit. A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, and Talty. NAYS: None. The Motion was carried unanimously. Chairperson Wilcox announces the next Agenda item at 7:38p.m. SEQR Determination: Rite Aid Pharmacy Fence, Pine Tree Road & Mitchell Street. Bill Paladino, 295 Main Street, Suite 210, Buffalo, New York With regard to this fence that does currently exist around the drainage pond, on our site, we have evaluated, listened to the concerns, through Jon Kanter, listened to the concerns of the Board and various people in the area.. .we will be removing the fence from the site. The fence, initially, was put up by our contractor, pretty much telling us he thought we had a liability concern out there that we. did look at. We feel there is. one, whether it's a perceived one or a real one, I guess we'll wait in the future to see what happens with it but at this point in time we are going to remove the fence. Board Member Hoffmann — I have trouble hearing you. Could you speak a little bit more slowly, please. And could you say, what was the final.... Mr. Paladino — We will be removing the fence. Board Member Hoffmann — Okay. And not replace it with anything else? Mr. Paladino — There will be nothing there, no. Board Member Hoffmann except original... more plantings ... as according to the Mr. Paladino — That's correct... whatever was on the original drawing. PB Minutes Dec. 19, 2006 Pg. 15 Mr. Kanter — So in other words, it sounds like you are withdrawing your application? Mr. Paladino — Correct. ...off mic joking ...I don't like it either. I liked it...the reason the chain -link was put up was that you can see through it, its not readily... because its silver, you can't readily see it, we thought, we were planning on doing additional landscaping all around it to make it more visually appealing over there. We did put landscaping on the inside of it, we felt why hide that with a fence you can't see through. Board Member Hoffmann — I still have trouble hearing you. Is there something wrong with the microphone today? Can I just say ... Its in your interest to speak in such a way that I and everybody can hear what you are saying because otherwise I'm going to have to ask you to repeat what you said, it will take much longer, everybody will get impatient, so, please. Mr. Paladino — Understood. Chairperson Wilcox - So for the record, the applicant has withdrawn the application this evening. The applicant has agreed to remove the fence, which was not on the original site plan and therefore, we're done. Ms. Brock — The Planning Board does not need to take any action on this matter tonight. . Mr. Kanter — And again, in terms of the final certificate of occupancy, the fence will have to be removed prior to issuance of that final CO. Board Member Conneman — And the landscaping? Mr. Kanter — We will review the landscaping and make sure it is consistent with what was shown on the plan. Chairperson Wilcox states the next agenda item at 7:42p.m. Consideration of a Sketch Plan review for a proposed hotel and two restaurant / retail buildings as part of the Phase II Development of the former Judd Falls Plaza located off Pine Tree Road and Mitchell Street, Town of Ithaca Tax Parcel No.'s 62- 1 -3.2, 62- 1 -2.2, and 62 -1 -1, Community Commercial Zone. The proposal includes a three - story, +/- 60,507 square foot hotel containing approximately 84 rooms and two restaurant / retail buildings totaling +/- 7,900 square feet. The proposal will also include improvements to the parking area along with new walkways and PB Minutes Dec. 19, 2006 . Pg. 16 landscaping. 1093 Group, LLC, Owner /Applicant; William A. Paladino, Agent. Board Member Talty -- I will be recusing myself due to my past relationship with the applicant in my past life in Buffalo, New York. Chairperson Wilcox — Once again Ladies and Gentlemen, though this is not a public hearing this evening, we will give you the opportunity, to address the Planning Board once the applicant has made his presentation and we have had a. chance to question him, we will give you a chance to voice your concerns and to possibly to raise some questions as well. Bill Paladino, Buffalo, New York As discussed, we are here to propose our Phase II development hereon the site of Pine Tree Plaza. We've gone through Phase I and in Phase I, due to the Board's request we proposed retail on the back, not really knowing what we were doing but wanting to show something just so you can gauge the size and density of the property. After much review and with different tenancies, different options, different people, we came to conclusion that maybe retail, all retail, maybe isn't the best use for the property. Maybe we would look at some of the other things we get ourselves into development wise, being hotels, residential and in doing so. we found that maybe a hotel was a fit for this property along with some additional retail /restaurants. We're proposing, currently, to construct an 84 -room, limited service hotel on the site. Three stories. In the rear of the property, as defined now. Currently, as most of you are aware already, the front of the property around Pine Tree has been redeveloped. Curb cuts are all in place as they will be in final form. The Rite Aid building itself and to the rear of the Rite Aid building has all been developed and put into final form. But the rear of the property still needs to be developed into something and put in final form. The hotel in the rear is the best place for the hotel given the awkward layout of the property itself. We realize there is a grade difference there that is being explored by our engineer and will continue to be explored. We are here tonight to just preliminarily show this to you and to get your thoughts and comments on the plan. Also being explored further, which will be, is the size of the current drainage pond. We designed it very conservatively in the beginning, we don't know if it can possibly be smaller, in the end it will possibly have to be a little bigger but our engineers are telling us we may be able to minimize the size of that somewhat based upon what we show here and the future of what we show along Pine Tree. PB Minutes Dec. 19, 2006 Pg. 17 Along. Pine Tree Road, or along Mitchell Road, development wise, we're showing retail building here, we don't really have a tenant in mind. For the other retail building, we do have Dunkin Donuts would like to locate to the site. It's been mentioned, fast food restaurants, this and that. We're really not interested, we don't consider Dunkin Donuts a fast food restaurant, we're not looking at Burger Kings, Wendy's, other things such as that. When we say restaurant/retail for our other retail building here, we're thinking more along the lines of an Applebee's, Chilli's or a nicer dining restaurant... You sit down, maybe with a small bar in it, something along those lines, not a fast food restaurant for that size. But over here it could end up being some other type of retail whether it be a store of some type or something similar to Rite Aid or some other retail you see across the street at Pine Tree, we're not sure. We are trying to find some things that go in this neighborhood that differentiate from other things that are currently there. Things that would compliment the neighborhood rather than compete directly with other things. in the neighborhood'. As I said, with regard to the site, the majority of the infrastructure for the site is in at this time. Being the curb cuts are final formed as they are; our drainage. should be able to handle, with some additional piping in different areas, based on what we finish our drainage as the nuts and bolts of it are all in place to handle what we are going to do in the future. Utility wise, most utilities are to the site already and put in form, they just have to be extended to handle any ancillary development. Water has been an issue out there, which you all probably know at this point, and we are waiting on the Town to currently update their water plant there. Dan Walker has assured me that it'll be done in the next few months and that any ... the. update of that water plant will allow any development, be it hotel or whatever else we decide to put on this property, it will be able to adequately supply that use. Out of my discussion with him last week. Parking wise, we have, calling out right now, this plan for 256 spaces, 66 being allocated to the Rite Aid as in our initial plans, 84 to the hotel, being one per room and 106 to the two remaining buildings. We feel, once the final plan. is determined, and we would like to come to a final plan as far as the hotel and Dunkin Donuts is and then leave some additional area for a retail spec building or some other tenant coming along in the future, being maybe a third phase down the line, that does get finalized. Under this. process here in Phase II, identify the location of that area so that will just sit in maybe a grassy state, currently, until something is defined in the future for its final use. Board Member Hoffmann — Excuse me parking spaces for different businesses. Can I ask you to repeat the 'number of Mr. Paladino — Ah, 256 spaces total, 66 was under the Rite Aid development, 84 to the hotel and then 106 for the other two buildings, which are currently not PB Minutes Dec. 19, 2006 Pg. 18 finalized in size nor in location. But we are proposing them in certain sizes and location right here. With regard to the hotel where it's situated, we would be looking for two variances with regard to the cemetery. Its laid out in a way, being what we felt was the most attractive views from the hotel, being east -west. Looking out the shopping center and /or looking out the cemetery as opposed to looking out into south being a few homes and just a lot of grass area and the north being the courtyard sports., .the Courtyard Sports Center. We have given you reports, market study that does show there is a need for a hotel. They feel the market is under served. In analyzing the hotel itself, we look for unique markets. We do usually one a year, is what we've been looking to do. We have done four over the four to five years. We look for markets where there is not a lot of competition, they're unique areas ... We think the design of our buildings is a unique product and we try and put them in areas where we feel there's a lot of growth and upside to it. You might not see it there now, you might say, "Well there's a lot being built right now, there's not a lot of ... there is a lot of competition already, there's a market that's not growing", well, we sort of disagree with some of those comments. We feel the market is growing, based on our studies. We feel five years from now there's going to be a lot of demand for new hotel rooms. We feel right now there is a demand for hotel rooms, which is referenced in our market report. We've taken into account the market report was done by a person from this area. He went to school here, he's from the area, he comes back to area a lot, he knows the area, and he'd be happy to sit and talk with you too if anyone had any questions specific to those reports. 1. Also, where we look at these markets, we look at 20 -25 sites each year and we pick one, based on what we feel is its uniqueness and Ithaca is what we would like to do next year as our hotel project. We feel there's three areas, census sort of showed that there are three areas north of New York that are growing, north of Albany in the Saratoga area, which we are looking ... we built a hotel last year in Ellicottville New York which is south of Buffalo which is a new area that is a growing area... finished that hotel up earlier this year and then Ithaca and Finger Lakes market, which is a growing area. One of the advantages of working with Wingate, who we work with is that it is Cendant Corporation and Cendant Corporation has Howard Johnson, Days Inn, Ramada, Super 8, Travel Lodge, Amerihost and then Wingate which is their high -end brand which, they feel is comparable to,, higher than a Hampton Inn but a little less than a Hilton Garden that you may see downtown. Part of the reason for this area too, is there isn't much, besides the Ramada, up in Triphammer and that area, there's not really any Cendant products here. Cendant has a great reach over a number of people that do use their products and that's another reason we feel this market would be a good place for them. Cendant has many avenues out there as part of their corporation that drives business to them, They own Orbitz, Century 21, Avis, Budget and a few other travel agencies that all drive the people who use these PB Minutes Dec. 19, 2006 Pg. 19 sites, they like to drive their business to Cendant brands and that's why they feel this would be a good market for them. They do not have a lot of product in the. Finger Lakes region itself and they feel that having one here, its unique location, its look, would drive a lot of traffic from areas far from just the Ithaca market. And that's what we are going after. Board Member Hoffmann— Can I ask you to repeat the name of this corporation. Mr. Paladino — Cendant. (spelled out by him) As far as the size of the hotel, we've done many studies on this, our hotels range anywhere from 110 rooms to 84 rooms. We feel 84 rooms is the minimum room number we need to operate efficiently under our program. We don't just build the hotels and have someone else run them for us. We do operate them ourselves. We run them ourselves with our own people internally. They run every hotel we have except for one which (inaudible) ... Benderson Corporation and they run it through their organization. That's pretty much it as far as what we.are looking to do here. Chairperson Wilcox — Questions, comments. .'who wants to go first. Board Member Connemann — My concern, Bill, is that this is a neighborhood. This is not the Elmira Road, this is a neighborhood. And to me, this hotel is just out of size itself for that kind of neighborhood as would be, if we go back to having a. drive through restaurant. In a neighborhood we don't need ... we need facilities... We need a supermarket, we need one.fast food restaurant, we need some sort of a hotel, accommodations and so forth and so on...We don't need more than one. And this is in my opinion, intruding into a neighborhood and I'm not the only one that thinks that. In addition, asking for all of these variances, it seems to me that that's, as far as I'm concerned, that's off the wall. Because the reason we have zoning is so we know what. kinds of things should be developed there. I went on the internet to look at Wingate, I found one in Albany, one in Garden City Long Island and in regard to the Long Island one, the size, the rest of them, the ones in Tennessee and so forth, don't tell us what the size are. You make the broad statement that 84 is . the only way you can do it economically and before I would approve anything that big, which would take a variance, I would like to see the size of the hotels, all the Wingates across the country. We went. through this once before with a developer and.we.found out that there are lots of hotels smaller than whatever they pointed us to. Mr. Paladino — No, I am sure there are many smaller Wingates but they're not ... there are many conditions that dictate how big you can have a hotel. It's PB Minutes Dec. 19, 2006 Pg. 20 based on the market report, it's based on the financial feasibility of that market report and it's based on the operations of the operating company. Board Member Conneman — The market report doesn't even list the Ramada, unless I missed it. So, _ I feel in general you're asking for special permits in a neighborhood which is a neighborhood and doesn't need two of everything.. In my opinion, and that's why we have zoning. I don't know what you do in Buffalo, but that's another world, this is the Town of Ithaca, not the Elmira Road, not Buffalo. I have lots of small questions, but that's the big one I think we better lead off with and cut to the chase. Board Member Hoffmann — Yes, I have some additional comments having to do with the market report or the market. study, which I find has a lot of mistakes in it. would like to know what you think about it, Fred, since this is what you do for a living. But, some of the major problems... incidentally, this happened already when you were here .about the Rite Aid project and I know you are from out of town and I know street names can be confusing, but I've gotten to the point where I would like to mention to you that it's not Mitchell Road, it's Mitchell Street ... and I think it would be good if you corrected that in all your papers. Mr. Paladino — No problem. Board Member Hoffmann — But, the more major problem is that on page 10 in the market study, it talks about the market area overview and it says "the subject site is located in the City of Ithaca, New York"... Chairperson Wilcox — Makes you wonder about the quality of the market study, doesn't it... Board Member Hoffmann — That's right. And then it mentions figures for City of Ithaca, population figures and not the Town of Ithaca which is where we are and what we are dealing with... Mr. Paladino — Well, you're right on the crest of the City there but I can have ... any comments you have on the market study I can have addressed. I mean, I depend on those to make my recommendations on where we do these hotels so if there are significant problems or issues with them, I also would like to know. Board Member Hoffmann — Yes, I think but, as a responsible developer, you should have. checked this out before and you should have known that, especially since you have already developed Rite Aid, that this is the Town of Ithaca. PB Minutes Dec. 19, 2006 Pg, 21 Mr. Paladino — I understand that and that's just a minor oversight on their part, it doesn't really dispute a lot of the facts in there. Board Member Hoffmann — That's not minor... there's a big difference in the population in the City of Ithaca and the Town of Ithaca and they also mention other things in this report, which really makes it clear that they are looking at the City of Ithaca, not the Town of Ithaca ... So this market study is just not worth very much, the way I see it anyway. So I don't think it's reliable and I wouldn't want to take it into account. There are other mistakes too. For instance, on page 13 they list various projects that are happening around this area and on Cornell campus and they are not numbered but ... let's see...on the middle of the page, a little below the middle...it says "Physical Sciences project — East Campus Research facilities.:. this is a building that is going to go up on Clark Plaza, and there was something about it in the newspaper, I think it was either just today or .... Chairperson Wilcox — the City Planning Board is considering it tonight. Board Member Hoffmann — That's right ... Well, be connected to the Vet research tower and research lab facilities." Well, I think we all kno% personally... This is for the physical sciences, engineering and as far as I know, it had nothing Veterinary School so whoever put this together carefully. here it says "the new facility will will consolidate existing animal v that that is wrong and I know it chemical biology, physics and to do with the Ag School and the just didn't check into things very I have a number of things marked in here, but those are just two pretty glaring examples. I also don't understand why some of the hotels are not listed. I went to a website too,.to find out where one of the hotels mentioned called Courtyard by Marriott is located because I wasn't familiar with it and I found that that is the one which is at the intersection of Route 13 and Warren Road on the Cornell' ..by the airport ... and I found it on a list of hotels ... It has 11 hotels listed and they give ratings and the only 2 that have 3 stars are the Statler, the Economy Inn Ithaca on Elmira Road and the Best Western University Inn which is talked down in the report ... it's being called dated and not very good quality compared to what this proposed one is going to be and some of the other ones which are listed have fewer stars, like 2 stars. I just find that there are so many inconsistencies that ... just mentioning those, I will give that market report a pretty low grade. So that is just one of my comments, I'll get to more but I will give someone else a chance. Board Member Conneman — I think you are starting to get the point that there's. some opposition here.. .A lot of public opposition. We got a letter tonight signed by 20, 25 people probably that's opposed to. such a massive project in such a small confined lot. Just basically, there's not room for it and it's really out of PB Minutes Dec. 19, 2006 Pg. 22 character with the neighborhood, as we've mentioned before. And of course, when we've talked about the fast food, I think Dunkin Donuts is a fast food type operation and it is too close to the Burger King., As per our codes. Board Member Howe Different, slightly different tangent, well two comments, ...I don't like developments where there's a big parking lot in the middle...) just think we are at a different phase, that it doesn't encourage pedestrian flow and all sorts of things. So, I'd like to see more ingenuity in design but I hope developers also realize they don't have to always go after chain retail or restaurants. I hope you have ways of connecting with the local businesses to see if there might be a local business that wants to have some sort of shop or retail presence at a place like this like Gimme Coffee or other local businesses ... I don't think it always has to be a chain. Mr. Paladino — We are currently talking to a few local businesses too. Board Member Conneman — What kind of local.... businesses? Chairperson Wilcox — He said he ... they were talking to some local businesses. Board Member Conneman — Who? Mr. Paladino — That's confidential. Chairperson Wilcox — No ... no ... I accept that. If I'm a restaurateur or local one I'm sure I wouldn't want my competitors to know l was negotiating for a site. Bill, if I could make some general comments. Dealing with you on the Rite Aid pharmacy, I think the exchange between you and the company you represent on the Board was you pushed and we pushed back. That was the experience. And that's the game we play. I thing this Board made it very clear that we weren't willing" to, for example, grant or even recommend variances for signage and I don't think this Board, myself included is prepared to seriously consider variances whether they be side yard variances for the hotel or recommending variances for having a second drive through restaurant within 1500 feet of the Burger King. I think the ... this Board has worked hard to keep the signage down, both on your site and sites in this neighborhood, whether it's the Burger King across the street or the CFCU credit union building, the East Hill plaza itself and the restaurant and Courtside and the new Cornell office building. You would have to put up a pretty good case, at least to me, to have this board recommend variances. Even side yard variances for the hotel. I mean my feeling is that you have tried to stuff the biggest hotel you could into there and my response is ... no, I'm not inclined. Somebody commented, I think it was the letter we got, that this would be the tallest structure in the area. I don't think it is as tall as the new Cornell office building, which did exceed but your pushing the limits and I think the other members of the Board saying we're abide by the zoning and you can push to go I'm no sure that this board would be willing to variances be granted because we don't grant the Zoning Board. PB Minutes Dec. 19, 2006 Pg. 23 I am responding, and I think I hear going to push back and make you beyond what the zoning allows but grant the recommendation that the variances, we only recommend to Issues. We can get into the site plan... specifically to the site plan, we still have the issue of pedestrian circulation from the residents who live west of this facility on Mitchell Street, walking .up and needing access either to the Rite Aid or to East Hill Plaza. Unless there is some sort of sidewalk system along Mitchell Street and Pine Tree Road, we have them, at least for now, walking through the parking lot. Behind or in front of the proposed Dunkin Donuts and then...l'm concerned about pedestrian safety. The recommendation has been made that having a sidewalk run up Mitchell Street and a Pine Tree Road might be the ultimate solution. I know you looked into potential sidewalk locations with the bank and you kind of struck out but maybe this time you... Mr. Paladino — I won't talk to her again ever ... she was absolutely miserable ... I will never talk to them again. Just impossible to deal with or even speak with. Chairperson Wilcox — But safety is a concern Just. as it has been in crossing Pine Tree Road, Mr. Paladino — I think ... In my mind tl come down to the right -of -way to the HSBC lot and the corner house it kind way and they'd like to get back to the this property line between us and the the best of the worst alternatives, riere are two options to it. Either it does corner which I know with the size of the of brings people a little bit more out of the retail or possibly cutting up between along HSBC and back into our lot which may be Chairperson Wilcox — That probably... well... Mr. Paladino — But still, from that point, you're left out here and you don't have anywhere to go unless you go to the Rite Aid and cut back across. Chairperson Wilcox — But it does minimize the amount of distance that would be traversed across the parking lot. : This Board will look at landscaping, we will lighting, you mentioned drainage, of course. nod of a head over here ... one of the things traffic tends to occur at times other than wt roads. So, they tend not to be generators Which mitigates the traffic impact of hotels. look at circulation, we will look at Traffic study will be required but, we know about hotels is their peak ien peak traffic is occurring on the of additional traffic at peak times. PB Minutes Dec. 19, 2006 Pg. 24 Now, restaurants are another story. Mr. Paladino - I guess traffic wise, restaurant wise, while we are looking at particular uses, we're just not looking for ... like I said, I know your feelings on fast food and being Dunkin Donuts falling into that category. They are primarily 75% of their business is morning between the hours of 6:30 and 8:30 and that being said, that is at a peak hour but the drive throughs' are important to them simply because people do not, as you do with other restaurants, go to work, sit there, then go out for lunch again and go to a restaurant. People get Dunkin Donuts on their way to work. Typically that is what they do. Chairperson Wilcox — I agree with that position of Dunkin Donuts but I don't agree that that is what we necessarily want here. Board Member Conneman - I love Dunkin Donuts and my wife would be amazed that I would say don't put a Dunkin Donuts here. That's not the place for it. There is already a place for people to pick up things that people want to take to work and it's not a competition. To me it's an issue that we don't want this to be a big commercial center. It's a neighborhood commercial and that should be small. Mr. Paladino — It's a neighborhood commercial but there's six acres left in your neighborhood commercial area... Chairperson Wilcox — You bought the land, you bought the land'.. Board Member Conneman — You said it was going to be small retail. Mr. Paladino — It is small retail... Board Member Conneman — You said the first time you came that ... Mr. Paladino — I agree totally that 4I said that and I agree that that is exactly what am sticking with right here, too. Board Member Conneman — And the other thing is this would go up, as Eva said, this is ridiculous. You leave out... Mr. Paladino — I gotta go back through the report and talk to the person who did it and talk to him. Board Member Conneman — ...and if this fellow who wrote it just happens to be someone who lived there for a long time or came back, he sure didn't know anything before he left or when he came back. PB Minutes Dec. 19, 2006 Pg. 25 Chairperson Wilcox — I'm going to finish up a couple of comments and then let Eva speak. For the record, I voted against the Burger King. Circulation, traffic, were my issues. Specifically the traffic along Pine Tree Road from Route 79 .heading towards this location. My concern was the narrowness of that part of Pine Tree Road once you come up the hill from over Route 79, very narrow through there and there is already a lot of traffic on that section of the road. Especially at peak hours and my concern. was that the Burger King would add to an already potentially dangerous situation. Market study, real briefly. That is an important part of your application. Because this Board needs to make a determination collectively that there is a need for this hotel and of this size and in this location. Especially because you have the right to a 30 room hotel by owning the land, that comes with the land, but .you need a special permit, special approval ... I'm sorry ... which one ?...special permit in order to go beyond 30 and .therefore the market study is crucial. It's problematic..: you know what they are. going to do with the City/Town of Ithaca issue... They're . going to add the City and the Town together and call that the market area. .1 mean, frankly, that's what they're going to do and your going to have a 50,000 population market that they are going to talk about. That would be the reasonable thing to do. But you better have... Board Member Hoffmann — It's not just the numbers, its other things too. Chairperson Wilcox — I know, I know. But, I can avoid the small technical errors that really...for example, the ratings. I mean, ratings are subjective whether they are 1 star, 2 star, 3....1 don't know whether people who have stayed there have given the ratings. I don't know whether it's AAA, so I don't care about that. That's just subjective, but this thing better be clean and tightened up and convince this Board that you need ... that there is a need for an 84 room hotel. Mr. Paladino — Well, we're going to back to him also... Chairperson Wilcox - I'm not convinced, and even if I am convinced there's a need, is there a need to wedge it into this small area. Board Member Conneman — All I'm saying is that if you come back before this Board, I expect to have some information on Wingate, the smaller hotels that Wingate builds and where they are so we can look at some of these if we happen to be traveling because I think... they're not on the website...they apparently avoid telling how big they are.... PB Minutes Dec. 19, 2006 Pg. 26 Mr. Paladino — No, I don't think they avoid telling how big they are. I think that each different market requires ... has different nuances to them. . Board Member Conneman — Well, if you go to a lot of other hotel websites, they will tell you exactly how big each hotel is. I can go across the country and tell you how big they are. Mr. Paladino — You most likely could. I understand. Board Member Hoffmann — My general comments about development on this piece of land is, and I think most people who live in the neighborhoods around there will say the same thing, some of them did in a letter we got, is that, we would like to see this land developed and the East Hill Plaza on the other side to continue to develop and businesses leave like Rite Aid so that there is a variety of services available. We.have a hotel already in that area, do we need another one, really, right there? We have a fast food restaurant, do we need another drive through fast food restaurant? To me, from a planning point of view and from a neighborhood point of view, there should be a variety of services available. Maybe that's not good for the businesses because it doesn't create a competitive situation between them. I know that businesses often gather in one area and they compete with each other but that's not what's wanted and needed in this commercial area here. There was some comments made about pedestrian safety and I wanted to tell you all about something I saw the other day when I was driving. into that area by the Rite Aid. A car that was stopped to leave East Hill Plaza at Pine Tree Road went straight across Pine Tree Road, into the Rite Aid parking lot, drove through it and went out the second driveway by Mitchell Street. So it essentially used this as a cut through instead of going out to the corner of Pine Tree and Mitchell where there's a street light and then going on Mitchell Street. So I was stunned to see this happening but I am getting concerned that maybe there are drivers who are going to choose to do this and that of course creates additional problems for pedestrian safety on this land. But drivers do, sometimes, unexpected things. The other thing I wanted to say was that the tree cutting that was done on this parcel as part of the development so far, went too far. We had. asked, and I. thought you understood that we wanted to have as many trees and shrubs as possible saved. When the two houses were taken down. Mr. Paladino — Which I think ... I feel we did do that. We eliminated a lot of the brush and cleaned up the whole area. I mean, I couldn't, obviously, sit out there every day but we did mark a number of trees that we felt were going to stay and I don't think they went beyond that, as far as I know. PB Minutes Dec. 19, 2006 Pg. 27 Board. Member Hoffmann — Well, I can tell you, since I live in that area that I saw some of the trees going down as part of the houses being demolished and taken away but after that there were additional trees and shrubs taken down and that, to me, is where it went too far and I can assure you that I'm going to do what I can; in further applications for this land, to make sure that the language in our resolutions are as tight as possible so that nothing more can happen like that and when we agree to approve a plan for you and we see that it is not followed, that doesn't make us...it doesn't make me look very favorably on the next application because I've lost a little bit of faith and that's going to make me be very careful about how we approve, if we approve, of whatever you are proposing. Do you understand what I am trying to say? Mr. Paladino — I understand. I don't think though, I mean this is the first I am hearing about the tree issue. I don't know of any other issues... Board Member Hoffmann — Well, I haven't had an opportunity to speak to you before now. Mr. Paladino — But, I think, you know, in being in construction, I think what's left out there, our guys did a pretty good job in maintaining as much as they could out there, given the circumstances out there. Board Member Hoffmann — There is a stretch along Mitchell Street which is probably in the middle of that stretch where all the trees where, between the western most driveway into the parcel and the most easterly driveway that goes into the bank and your parcel ... In the middle of that, all the shrubbery is gone and almost all the trees are gone and you have a clear view into the Rite Aid, which is, I imagine, the reason they were taken down. Mr. Paladino — No, I don't agree with that... Board Member Hoffmann — That's what it looks like to me and that's why I am feeling upset. And the other thing, you know, that happened, we talked about this the last time we met you weren't here, when this was on the agenda, is that, at night, when one drives from downtown towards East Hill Plaza on Mitchell Street, there are lights on the canopy of the HSBC bank which is south of your Rite Aid parcel, and they are probably there because they are required because there is an ATM machine there, but they are spotlights that are directed to that when you drive along Mitchell Street they come right in your eye and they are very bright and I suspect they've been there all along but because the trees and shrubbery were cut down, they are now visible and they blind you as you drive along there. So things like that can happen and I would like to see, very much, some plantings put back again to prevent that as well as some discussion, perhaps, between you and the bank, to try to get that light situation straightened out so the lights don't blind people. They shine enough for the ATM safety but not in people's eyes. PB Minutes Dec. 19, 2006 Pg. 28 Mr. Paladino — I don't think I can convince them to do anything over there. Like said, they are unresponsive to anything we ask them to do. I know with regard to the Rite Aid there was some concerns with the lighting, with the final lighting that we had that we have corrected with Jon or that is being corrected if they're not corrected totally yet. With regard to some. of the shrubbery, as we talked at our initial meeting, we were going to remove the majority of the shrubbery on the site and keep the good trees that we felt were good and I think our guys did a pretty good job of doing that. Some of the stuff right along where our property line and the right -of- way, the DOT asked us to remove all of that because of the sight visions. They wanted to clean up the visions coming out of our driveway looking up towards the intersection there. So the DOT did require we remove a lot of those trees. Board Member Hoffmann — Which driveway are you talking about? Mr. Paladino — Mitchell, as you come up along... Board Member Hoffman — Which one on Mitchell Street? There are two? Mr. Paladino — We only have one driveway on Mitchell Street. Oh, the HSBC driveway you're talking about... Board Member Hoffmann — The western most one, the one closest to the cemetery? Mr. Paladino — The one closest to the cemetery, correct. But that whole length along there, all the way up to the corner, as far as our property line, they asked us to remove as much of the shrubbery and trees as possible. Board Member Conneman — But Bill you could have come back to us and told us that's what they said. You could have come back to us about the fence and you didn't do it. Mr. Paladino — I agree, that's my fault. I am back to you right now about the fence and we are removing the fence. Board Member Conneman — but you built the fence and you took down the shrubbery. We told you what to do and you didn't listen. Mr. Paladino — Well, it isn't that we didn't listen, I did listen, we did listen. I can't go out there and count every tree just like you couldn't in the beginning neither, think my guys did a very good job of maintaining as many trees as they could on that side. And cleaning up the site.*. I'm hearing here like the site isn't a dramatic improvement which I feel it is over what it was and we are continually trying to PB Minutes Dec. 19, 2006 Pg. 29 improve that to put it in a state that compliments the neighborhood, that's good for the neighborhood but that's also is a nice development on our behalf also. Chairperson Wilcox - Because I want to move on from this point, it's sufficient to say that should site plan approval be granted, this Board will require significant landscaping in that area to replace what was there. I think we can say that. Board Member Hoffmann — And if you have some letters from DOT about what they require, please bring it in and show us so we know what they said. Mr. Paladino — In future things, we will do that, we will bring everything in. Board Member Hoffmann — For the one they already required Mr. Paladino — We'll talk to our subcontractor and look for that for you. Board Member Hoffmann -- because if it is something near the driveway, does that mean there can be no planting toward Mitchell Street, between Mitchell Street and the retention pond? Mr. Paladino — They like low lying plantings, they said, if anything is going to be replaced there ... low lying plantings or grass is what they like to see closest to the street. Board Member Hoffmann — Yes, but did they expressly forbid you to put anything else in? Mr. Paladino — No. I said low lying plantings, something that doesn't obstruct the view. Chairperson Wilcox — We can move on, we're not going to get anywhere with this discussion. The floor is still yours if you want to bring up some other items. Board Member Hoffmann — Those were the items that were the most important right now. Board Member Howe — I think I should stress that this is a community commercial zone so maybe a market study could be done on neighbors to see what kind of businesses they would like to see in the neighborhood. Chairperson Wilcox — Yeah, as a positive, he mentioned Applebee's and Chillis which are two of which we already have in this area but an Applebee ... there is sort of that Applebee, Ruby Tuesdays, Chillis, TGI Friday's, Olive Garden, ...if somebody local is unwilling to invest in a 5000ish square foot restaurant, it's a significant size building, maybe something smaller, on the surface, I would not have a problem with a restaurant such as that. We have one other fine dining PB Minutes Dec. 19, 2006 Pg. 30 restaurant in the area, that's not meant to be subjective but simple that we have Olivia's there and I remember in the mall, back 10, 15 years, we had a steak house in there for many years...) can't think of its name...What's Your Beef ... thank you... something like that. So, I'm not opposed to, I'm not sure you want to call them an upscale chain, but, it's a sit down restaurant, not a drive through. But again, the devil's in the details as far as parking, drainage, yada yada ... Mr. Paladino — That's probably the biggest ... we have talked to people as we were developing the site and that's the biggest thing was we need a restaurant up here. Not a fast food but a place that w can bring our families to and sit at night and bring our families to eat and that was the biggest thing people kept mentioning to our construction workers. And me just in the. store earlier, the store manager said it to me. Board Member Thayer — Olive Garden would be good. (asides about various. "chain restaurants") Board Member Hoffmann — My suggestion would be, when you are trying to find a restaurant, to recognize that there are pretty sophisticated people living in Ithaca, cosmopolitan people and if we already have, in this area, a restaurant of a certain kind, its probably not a good idea to get another one. Mr. Paladino — Well we don't feel that what we are proposing. here is similar to any other restaurant up there. I mean, I don't see how you can put Dunkin Donuts in the same classification as Burger King, I don't see that, nor would they, nor would, probably Burger King. Mr. Kanter — Can I ask a question about Dunkin Donuts. Are there any Dunkin Donuts in this country that do not have drive throughs? I think I know the answer to that but I want to hear your answer. Mr. Paladino — I have not seen any nor done any myself. Mr. Kanter — Well, I know there are some and I know that they do locate in places like downtowns, those types of locations, I think if we told them that Dunkin Donuts is okay but the drive through isn't okay, they might consider adjusting it to accommodate a more neighborhood, pedestrian oriented environment. Mr. Paladino — At this point, they're telling me that without a drive through they won't do it. So, if it came down to it and it definitely was denied, a drive through, then it'd be their decision whether they want to at that point or not. Mr. Kanter — I think, we've always talked about this, but a lot of these corporate chains have the plan they want to do, they have other plans that they are sort of PB Minutes Dec. 19, 2006 1. Pg. 31 willing to. consider and then in their back pocket they've got plans that they'll go to if they can't do anything else. Board Member Conneman — That goes with signs also. Big signs, medium signs, little sign ... that's what Burger King ... The reason Burger King was approved, was that they had front lawn, Eva insisted upon trees, they ... we promised them there would be no other drive through restaurants in there and they had a little sign. They went to corporate and got a little sign. They conceded .on a lot of things. Mr. Kanter — And in back of the building instead of the front. Board Member Thayer -Let's see if the public has anything different. Chairperson Wilcox — I want to make one more comment about, Bill, as you know, there is a lot of correspondence between you and Jon over the past couple of months and you are certainly aware of the fact that I was copied on much of that...So I am aware of the issues that went back and forth, whether it's the crossing over Pine Tree Road, which I. believe is still not resolved yet, it was the installation of lighting which was not consistent... again, from dealing with you before ... were you pushing the issue or was it a mistake that was just made...) don't know. Someone brought up to me that one of the delays that you experienced was a problem with the sprinkler system in the Rite Aid building. Now I don't know how you . resolved the problem, but that makes me wonder if there might have been pressure problems in the Rite Aid, might we have pressure problems in the hotel. Mr. Paladino — No. Dan Walker, as I said earlier, has assured me once this problem is corrected, that they are working on right now, that the problem will go away. We will have no problems with any development we should elect to do on the site. Mr. Walker — The problem is the pipe between Pine Tree Road tank and East Hill Plaza area is too small. It's a 6" water main for about 3000 feet. To correct that problem, and that was a problem when the Cornell Office Building at East Hill recognized because that is a taller building, they knew there was not adequate water pressure for fire flow and we have had inadequate pressure for fire flow in the East hill Plaza for years. What we have done ... weIve installed :a new valve or a new control on the valve that connects the transmission main from Bolton Point to the distribution area. Currently that valve is controlled by the tank level at Pine Tree Road. We have installed a controller on that valve that will sense the pressure and flow in that distribution zone and when there is a demand, a high demand, it will open that valve up to allow additional flow to come in from the transmission main. That bell's in place. What we are waiting for is the new East Hill tank, which we built this past year, to come on -line, it isn't on-line yet because Bolton Point's in the process of installing new pumps.:.it's above PB Minutes Dec. 19, 2006 Pg. 32 Hungerford Hill-Road, on the Snyder Hill Road side.. not Snyder Hill, Ellis Hollow Road side of the Bakerhill complex. So, once that tank is full and in operation, which should happen in the next 2 -3 months depending on how everything works, we will have adequate pressure to satisfy the demands, currently, for the East Hill Plaza, for the Cornell office building and for the Rite Aida After everything is in place, we will do flow tests for the actual conditions and we'll provide that information in to any individual who wants to build a building in that area. The problem with the Rite Aid was the pressure wasn't ready when they were ready for a building permit, or for a Certificate of Occupancy and there was no guarantee on our part when that was going to happen. They could've designed the system to work with the existing pressures but they didn't. They used a better performance and we worked out those issues at this point. I am assuming that within 3 months we will be fully on -line and have everything automatic. Right now, 75% of the time there will be adequate pressure in that area for fire flow but we will not be opening or giving a certificate of occupancy to the Cornell office building until everything is in place. In fact, they're paying the costs for the upgrades to the valve which is not very much, but they are paying that. To us. So, will I guarantee that we will have adequate pressure for a three story hotel, not at this point, till I see the calculations, but will the water pressure probably be adequate for a design they can do? ... probably. Chairperson Wilcox — So that's something we'll have to... Mr. Walker — Right. By the time this thing gets ... comes back to you, we should be in place and we'll do flow tests and have that done. Chairperson Wilcox — Should we give the patient public a chance to ... Bill, is there anything you would like to say? We'll give you a chance later to talk if you want. Ladies and Gentlemen, thank you for being patient. In no particular order, if you will raise your hand, you know the drill ... We'll ask you to come, give us your name and address and we'll hear what you have to say. JoAnne Tredco, 310 Elmwood Avenue . am a member of the Belle Sherman /Bryant Park Civic Association and actually Vice President of it. You received a letter from us. We are 100 members strong, we have 120 plus people on our list -serve and this has been actively talked about, this project on that. I just want to thank you for your time tonight. This is a, as you well know, Bryant Park is the closest residential area to the East Hill Plaza area and its full of families and all sorts. They are key patrons of the East Hill Plaza strip. Actually, I bank at CFCU, I just went shopping yesterday at the P &C, I picked up a prescription at Rite Aid, I am a member of Courtside so PB Minutes. Dec. 19, 2006 Pg. 33 am kind of your ideal patron of that area and I am sure I represent a lot of people there. But, I think you're ... you know, we are a nice group of neighbors. We are. beginning to feel a little bit ringed or ensieged by 79 coming down and the commercial zone that is being proposed as well as College Town and Cornell's development which is that office park. The neighbors are beginning to be worried about kind of what is the tipping point. How much stress can we take in that area? It's a neighborhood strip mall area and it's perceived as a neighborhood strip mall. I ride my bike sometimes up there, I send my daughter up by bike and you know, people want to feel like it is a neighborhood accessible commercial zone not out of scale or character. Anyway, this development was a concern of many of the members of our group. Each had their own separate concerns and they.will be likely sending in separate notes regarding that. But, just wanted to raised a couple of considerations. One, some have voiced a concern over the increased commercialization of the area that is out of scale with the neighborhood, a number of members of the Board commented on that. Some have also said they are concerned about what's behind East Hill Plaza, the new development by Cornell, that off -site office building and all the feeder roads that are going to be ... that tie into that development and how much more traffic is going to be there. So some people may be writing in, concerned about that. There's a great deal of concern about pedestrian safety. Being a biker, I am concerned about bike safety in that area. There's no sidewalks right now going up and down right in front of Rite Aid going down into the Belle Sherman /Bryant Park area. There's a great deal of children, as you well know, with the Belle Sherman School that walk and their parent's walk and there' s that at that Dryden Road and Mitchell Road.., Chairperson Wilcox — Don't say Mitchell Road ... we just chastised him for saying Mitchell Road ... (laughter) Ms. Tredco — Yeah, there's all chaotic, you know, and I think a walking there. And I guess there yet another fast food restaurant. a number of people said where a eat there. There's nothing in that those roads that come in together and that's lot of parents are concerned with their children will be some. people writing in concerned about There is really a need for a proper ... you know, re the proper family sit down you can afford it to area up in East Hill Plaza. So I guess that's about it ... I just hope that the Board will give enough time...lt sounds like you're debating it ... 1. didn't know how that was going to happen but this is right around the holidays, a lot of people have gone away for the vacation time period and I hope you will be able to allow enough time for them to provide you with their input. Chairperson Wilcox — Before you leave, ... Is your neighborhood association on the mailing list? Do you get notice about our agendas? PB Minutes Dec. 19, 2006 Pg. 34 Ms. Tredco — I asked to be. When we found out about this I contacted... There was a woman at the Planning Department... Sandy... it was Sandy... I asked to get those e- mails. Chairperson Wilcox — I would encourage your members to write but to also show up at Public Hearings, its fine if they live in the City it doesn't give them rights, nor more rights. . A little bit about how we will proceed. The applicant is going to take.. 'We have 3 drawings and a market study. The Applicant has come before us to really get our feel for this proposal. They will take our feedback and they will come back with the drawings, the studies and plans necessary for us to consider it formally. When they come back is up to them. Whether it's in a month or whether its in 2 or 3 months, we don't know but they have some work to do before they have sufficient materials and they may revise what they are proposing based upon the feedback tonight. And when they come back .... then they'll come back ... Since you were here earlier, you know what the procedure is, we'll do the environmental review and then if we get through that, we will actually get to the sketch plan. So this is really just the first phase where we hear from the developer and they hear from us. So no approvals will be done tonight, this is just a here's what you want to do and here's the feedback back and forth. Mr. Kanter — If we are talking about process, it would recommended that since there were so many comments liking what you saw in this sketch plan, that the applicant pr back with a revised sketch plan before they spend a whole going into detail preliminary drawing. So I think the proceeding, most likely, on an informal basis on that regard. probably be highly by the Board at not 'obably want to come lot of time and effort process will still be Chairperson Wilcox - It gets formal if you see on the agenda "Public Hearing ". Then you know that we have gotten to the formal stage, but while. it says sketch plan.... Ms. Tredco — One thing ... I'm ... I also was hoping to say and I just remembered ... I would urge the developer to talk to the neighbors, .our Neighborhood Association to figure out what are the needs and wants of the residents. Obviously I use a lot of the stores in that neighborhood, or in that strip mall, I can see needs and I am sure my neighbors can as well. You know, he should be checking. in with us and see what we see the need in terms of development or stores and I hope he does... Chairperson Wilcox — Well he can do that if he chooses to. He can come here to this public forum and hear it, yes. The other thing I want to make clear is that as the owner of the land, he has with it the right to develop consistent with the zoning. I think I mentioned before that the zoning allows for a 30 -room hotel. Assuming that he meets all the other zoning requirements, that is a right he owns PB Minutes Dec. 19, 2006 Pg. 35 with the land and this Board can not simply turn him down because we don't want a 30 -room hotel there. He has that right and we all need to remember that. What he doesn't have a right for is a 84 -room hotel and he doesn't have the right to have side yard setbacks that are less than the zoning requires. So, we have some discretion but very often people give us ... think we have more discretion than we really have. We must abide by the zoning ordinances that... Ms. Brock — Well, Fred, he does have a right to a hotel larger than 30 -rooms if this Board gives him a special permit and to do that then the Board would have to make. the findings that all the criteria in section 270 — 200 .... Chairperson Wilcox — Right, it's not a right that comes with the land. Ms. Brock — No, no. But it's not a use that's prohibited either. It's a use that's allowed by special permit and the Board has to follow the special permit approval process and make findings as required by the code to issue the permit. Chairperson Wilcox — And that's where the need comes in. Ms. Brock — Yes, yes. That's part of the considerations for approval of a special permit. . Board Member Hoffmann — I would like to add to you also, and to everybody else, that it's most useful both for us on the Board as well as for the developer, for everybody really, when people find out what we are talking about and come in early in the process and tell us what they think about it and the people who live in the neighborhood have very good things to say. They know what the traffic is like, they know all kinds of things that maybe some of us on the Board don't know if we don't live in the neighborhood. So its really important that people come in and early on. Because later on, when perhaps it's reported in the newspapers, on the radio that the final approval is going to happen, it's a bit late. Ms. Tredco — Well, I hope we are in adequate time for our comments tonight. Vivien Lorenzo, 21.7 Cornell Street am a member of the zoning committee of the Bryant Park Civic Association. I feel that this is the wrong location for this type of development and I would feel very uncomfortable having any variances granted for it. A large hotel and drive through restaurant are kind of by their nature traffic generating businesses and I'm concerned that the majority of this traffic would be coming up from downtown and using Mitchell Street, which would mean it would be passing within a few feet of the front door of the Belle Sherman Elementary School. This school has approximately 250 children ages 4 -10 attending it, many of whom walk to school and it has already been recognized in the recent facilities bond discussions with the Ithaca City School district that really the location and the entrance are already very dangerous and the corner at Cornell and Mitchell Streets already has lots PB Minutes Dec. 19, 2006 Pg. 36 and lots of children walking through it on their way to and from school and to the playground and that corner also has been recognized as being dangerous and think this would significantly increase the traffic. The school start time right now is 8:00 a.m which I think would be prime time that people would be driving up to the Dunkin Donuts. I think this neighborhood in general is a pedestrian oriented neighborhood. Many of the people have chosen to live there so they are able to walk to work. Walk to College Town, walk to down town and I think that development up in the East Hill Plaza should be more suited to neighborhood type businesses. Thank you. Alfonse Pieper, 139 Ithaca Road Just ... A lot of the things that have been addressed and commented on are ones that I've had so I am going to try and talk about things that haven't been brought UPS First of all, I would like to thank the Board members for seriously considering the concerns ... I live in the City of Ithaca, not the Town ... Our neighborhood as well as your own neighborhood on Ellis Hollow and I appreciate that, and seeing that. In some of the various correspondence, we mentioned the list serve and so forth, I think the general underlying feeling is that we all understand that if the development is proposed and is within the current, existing zoning requirements, we understand that and we really don't have any objections to something that meets the legal requirements that's set for that piece of property. But we do have, as. Vivien said, when there's variances being granted and so forth. One thing that I wanted to know, Chair, you sort of touched about the procedural thing and I have a question... The next time around, when the applicant comes and you look at the environmental review, is that when you'll do your scoping for the SEQR? Or for the environmental of is that done, has that been done with the first phase of this site? Chairperson Wilcox — Scoping is a process that you go through should a full environmental assessment be required... well, impact statement, thank you. ..I am hard pressed to believe that the size of this development would require such a detailed environmental review. I'm not precluding it, but I am hard pressed to think. Mr. Pieper — I guess, one of the things then, I don't know where you kind of figure it out. This is just one project. I know that Cornell has just put up a building and so forth and it really ... I guess I am going to address some other issues sort of everybody's been talking about the interaction between Mitchell Street coming up from Bryant Park neighborhood, but I think ... Let's say this hotel development...) would imagine one of its clients is going to be Cornell and with the new Cornell buildings that coming down to the intersection, the 4 -way stop intersection there, there are no sidewalks there and there's a lot of traffic and it's a very...that also PB Minutes Dec. 19, 2006 Pg. 37 is a highly trafficked area and very dangerous and any traffic generated is going to have an impact on that intersection and also some other intersections. I know there's traffic studies going on and so forth but for me, actually driving in and out of the mall. When I leave P &C, I no longer can turn left.. Like you mentioned the person going across the street ... You no longer can turn left there at various times of the day. You have to turn right because you are never going to get out of there and that's ... you know ... I guess I am going to reiterate, when you talk to the neighborhood, you find out the nuances of actually how it is there. It's very easy to develop a plan. based on the criteria ... I have. been a professional engineer before, I know the guidelines we go under, but sometimes we miss the nuances of the traffic and how people actually move about the neighborhood. There has also been talk about scale to the neighborhood and I think we've sort of been referring to the scale to our neighborhood in Bryant Park but there is also the scale to the existing commercial neighborhood and that's the strip mall is one story, the existing hotel is one, pretty much one story, the housing behind that is two stories ... I actually believe that 3 stories of Cornell's office building there is a little out of scale of it.. It's a little, it has, to me, a very corporate, silicone valley type of block to it. So I think that I am going to ask that when you start to look at these things, that you look at both scales, not just the neighborhood but also the scale of the commercial. The other thing that I was going to mention was that.. 'along the same line of formulas, it's very easy to get a formula. Like right now you see pharmacy formulas. Right now you'll get one and then across the intersection you're gonna get another pharmacy. I have a store in Cortland and you can see Walgreen and then ... it's not Rite Aid but another one and it is becoming very .... It's a programmatic type of formula and I'd like to say ... this is. more to the developer... Ithaca is unique, its really working, you see a lot of talk about sustainability, pedestrian community trying .to do that and I think you can come with a development that is out of the programmatic box and look at things. It's been awhile, but I went through Saratoga Springs and driving through there, they had, I want to say a book seller, like a Barnes & Noble or a Borders into an existing commercial block. So those things are changed. I know one time I was traveling and a McDonalds was in a historic building and they actually had a sign made typical to the other sign. So there are examples you can find where what you think of your development, large development that will put the same type of building across the country, they do make changes and I would ask that the developer, when he is looking at his aesthetic design of it, that maybe he gives a little consideration to something a little different. Like instead of a three story flat roof that maybe the third story is in a gable, just a little out of the box. And would also say that our neighborhood is a big asset because we are a walking community and could be very consistent participant with the retailers with what he's developing. And again, I'll say, everybody has mentioned the kind of restaurant... We would love a family restaurant that is affordable for families versus a drive through. I think that is more than enough, for me to say. PB Minutes Dec. 19, 2006 Pg. 38 Hollis Erb, 118 Snyder Hill Road, First of all, I am very pleased to hear that the applicant will pull the chain -link fence. I know that that is the previous item of business but I think that the applicant should be applauded for simply withdrawing that. I also like to mention that I think that the small retaining barrier that has been built along the cemetery most side of that. driveway is actually an attractive little feature and I would like to congratulate the applicant on that feature. I think that the scale of this hotel is completely out of anything that is appropriate for this location and. for our neighborhood. I appreciate the Board members who have spoken in terms of looking for variety to serve the neighborhood rather than competing sorts of same types of businesses. Everybody has talked about a family style restaurant and that would certainly be something that would be attractive to have. I am a little ... I find myself amazed when I look at the parking spaces allotted right next to the 52,000 square foot location when I think back to how hard Burger King fought to keep the dozens and dozens of parking spaces that it had for its.drive through restaurant. But that's besides the point, perhaps, now. I think that the scale of this hotel is so ludicrous that it has resulted in putting the storage and garbage across the parking lot next to the Rite Aid. I mean, that already says something about how badly configured this whole process is. I would like to see storage buildings and garbage dumpsters behind the building out of any sight and instead of a massive swath of concrete, if that's not going to be small retail buildings, I'd like to see some better types of landscaping than just a little bit, because we have to, at the ends of the long, couple dozen lines of parking spaces. When we start discussing more seriously pedestrian traffic, I'd remind everybody that pedestrians are probably going to take the shortest route unless the other route is made extraordinarily attractive and I can almost bet that no one is going to go all the way up the intersection and swing around the existing old house for a sidewalk. So there is going to have to be a sidewalk put through some place here. But even trying to separate the sidewalk from this driveway, I think, is going to risk having a lot of pedestrian traffic still go:up the.driveway or down the driveway, because its simply the shortest route and its going to be very hard to avoid that. I'm confident that you will also think in terms of light and signs and the composition of the materials on the sidewalls of any of these structures. But I'll be back and listen to you doing that. The whole ... My best understanding is that the whole regulation against an additional drive through restaurant within 1,500 feet was explicitly in reaction to the Burger King and assurances to the neighborhood, and to additional neighborhoods within our town. And to violate that new assurance on almost the first possible occasion is just breaking faith with the neighborhood and what I'd like to preserve still as neighborhoods. We PB Minutes Dec. 19, 2006 Pg. 39 will lose the charm and the character that brought many of us into Ithaca and kept us in Ithaca. I also notice that there is nothing built -in in terms of bicycle traffic or bicycle parking. I just mention that because nobody else has. I urge you not to grant the kinds of massive, I think, massive variances that are now being proposed and I look forward to seeing a revised site plan so that we can work together with those. Thank you very much. Chairperson Wilcox — Anybody else? I mention the location of the dumpster indication of how they have managec relocated those facilities some ... 100 definitely inappropriate. want to mention that we had forgotten to and the storage shed...That's another to squeeze this building in there and feet away from the building, which is Bill Paladino — Response Just want to get the Boards impression as to the look of the building. Chairperson Wilcox — This Board generally has worked with developers, whether it's a large apartment buildings or commercial buildings, to try and make sure that we don't have these large masses. We want architectural details, whether that's pitched roofs, whether that colors, whether that's a building face that has different depths, if you will, away from the viewer ... That sort of thing that breaks up the mass. Mr. Paladino — Which we have done on here. The majority of the areas. I mean, this is a different color. Our plank, our hardy lank is what the majority of the building is built out of. This area here are butted out from the front. This area here is brick, around here. A different block around the bottom, there. Gabled roofs... Chairperson Wilcox — You know the Country Inn & Suites that's being built up on South Hill, it's one of the saving graces of their design is the architectural details that they've put on the outside of their building. You know, unlike the Holiday Inn Express and the people like that which tend to build very large, blocky looking structures and we struggled mightily with that particular hotel before eventually approving a smaller one, but, they do have a lot of gabled roofs and things like that that provide some attractiveness to a very large building. The more you can provide, the better. Mr. Paladino — Understood. Chairperson Wilcox = And color and variations.. 'whether it's the volor around the windows or the changes in colors for floors or something that breaks up that huge mass. PB Minutes Dec. 19, 2006 Pg. 40 Board Member Howe -. But I am sort of surprised that that is your first question. because I hope you heard that there is just a lot of concerns about the. whole what we see here right now so in some ways, the look of the building is really a ? ? ?? issue right now. Board Member Hoffmann — I was just going to say something similar. It's just way, way too big the way this drawing is so I simply can not react to the way it looks because it is so huge. Chairperson Wilcox — Does anybody not expect that this developer will come back exactly what he has proposed and ask us to approve it! Board Member George Conneman — I don't know but I'm not sure he listens. We said its too big B.I.G. Chairperson Wilcox — Bill knows how to push, and we'll push back if necessary but don't be surprised if that's what he comes back with. Board Member Conneman - If that's what he comes back with, then we'll take care of it. Chairperson Wilcox — Then we'll do our job. Board Member Conneman — I think that several people here indicated that we should give him no variances. Why bother zoning. This is a neighborhood, Bill. Do you know how to spell neighborhood? Look at West Chester and Saratoga Springs, not Buffalo and think. Mr. Paladino — I look at a lot of different neighborhoods, George. Board Member Conneman — Okay, well look at those because that's more like Ithaca. I don't think you listen very well. Mr. Paladino — I do listen very well. Board Member Conneman — well, Okay. Board Member Hoffmann — I have another comment about the number of parking spaces and I actually wanted to ask Staff about that. Sixty -six spots for Rite Aid, which is there already, 84 spaces for the hotel and then 106 spaces for the other two buildings and when I look at the footprints for them on this proposed plan, they are fairly small and one of them is a drive- through so is there really a need for 106 spaces for those two? PB Minutes Dec. 19, 2006 Pg. 41 Mr. Kanter — Well, I don't know. We have not really our usual analysis yet because I am suspecting that this is going to be a different plan from what we see here. But, for instance, we did get comments from the Environmental Review Committee and the Conservation Board that they felt that there is way too much paved area and probably too much coverage of the site. I mean, that actually may be something we have to look at. There is what the zoning calls a "minimum useable open space requirement" of 30% of the site area and we haven't even begun to look at calculations to see whether this approaches .that. That's something that we will have to do as well. Parking is part of that issue, coverage of the site is all involved in that. Board Member Hoffmann — Well, maybe that's something to remind you, Mr. Paladino, about, that there is this requirement for a certain percentage of open space. Mr. Paladino — I understand there is Mr. Kanter — And the Environmental Review Committee was very concerned about the total impervious surfaces on the site and were suggesting using other types of surfacing if it comes to that. Board Member Hoffmann — Yeah, I saw that and I think that's an excellent idea. I think the coverage, in general, is too much. Board Member Thayer — I think the comment about coming back with a.sketch plan again would be appropriate. Chairperson Wilcox — If Bill decides to come back with the same thing, or essentially the same thing, then he's going to invest the time and the money to do the engineering drawings, to do the traffic study and I don't know what you'll do, whether you'll accept it or not, I'm not going to prejudge what the Staff:will do but, if they accept it and it comes to this Board, we'll make our determination. I think we've been very clear about what we're going to do but that does not prevent Mr. Paladino and the company he represents from nonetheless coming that way. If you are going to make significant changes, based upon the input you've received from this Board, then maybe having you make the long drive again and going through sketch plan review might be a reasonable thing to think about.. depending upon how much you change in response to what you heard. tonight. Board Member Conneman — The traffic study should include the new Cornell building too. Mr. Paladino — I think our last traffic study included that, actually. PB Minutes Dec. 19, 2006 Pg. 42 Mr. Kanter — Remember, there was a :.. there were two traffic studies recently in the area. One was more of the Cornell project, and the other was for the Rite Aid site incorporating future development to the extent they could. What would have to be done now is a fine tuning of those two traffic studies to address what specifically is being proposed on that site in Phase II. Mr. Paladino And our engineers :did consult with ... The engineers for both projects did consult with one another before so I see no reason they couldn't do that again. Board Member Conneman — Market study. Chairperson Wilcox — He heard our comments before and he understands the importance of the market study. Board Member Thayer — He also has to convince four out of five instead of four out of seven. Chairperson Wilcox — Interesting point. We will ... we have a member whose term is up at the end of the year who has decided not to serve on this Board next year. So, until we replace that member we are a six - member Board, you know that we have one person who has recused himself, so until that position is filled, you gotta get 4 out of 6. Excuse me, you have to get 4 out of 5. So you understand the hurdle. Anything else you want besides the feedback on the architect.. Mr. Paladino — All set. Mr. Kanter — Susan was reminding ... We did talk about things like fire access at the last meeting but it probably would make sense to repeat that. Chairperson Wilcox — Yeah, we should just mention that someone brought up, I think it was two ago when you were unable to make. it ... Fire access to the rear isn't there and that, when you talk to the Fire Chief here, he may tell you that this is unacceptable because they can't get to the rear of the building. Mr. Paladino — He told us that as long as the hose can get within ... the hose can reach 300 feet from where a truck can be stationed. Chairperson Wilcox — He puts that in writing, then you'll bring it but... Mr. Walker — Bill, I think really, you better look at you topography. Because there is probably a 15foot grade drop from the north end to the south end as I look at it today and that would put.. .if you put that in so your entrance was at the existing grade, you'd only have a one story building on the north side ... which may not be a bad thing. Even if you excavated it and had retaining walls, you would not. PB Minutes Dec. 19, 2006 Pg. 43 have, even if you could get the variance to be only 30feet away, there would not be adequate space for the fire department to get around that building. They would ... unless an access way was built up on the west side of the. retaining pond. Board Member Hoffmann — I have a question, actually about that slope, both to you Dan, and to Mr. Paladino ... Was that slope there before, when it was Ide's Bowling Lanes property or was that slope created with fill? Mr. Walker — There was some fill put in there I think, but not too much because there are still trees above the pond. The old house that sat back up in there...there was some fill put in there when they tore the house down but basically that ... I don't think that's changed very much. What has changed is there's a bigger, higher pile of fill in the parking area. The area that used to be the parking area, that was excess material that they have spread in there so that is kind of more level than it used to be looking at it from the Rite Aid side.. Mr. Kanter — Can I just mention that in terms of the grading and the architecture, putting those two together, an elevation your on like that isn't really very helpful when it makes it look like a totally flat site when. you are actually dealing with changes in the topography and how the building is going to fit in the topography so you really want to show, when we get to that point, if we get to that point, you want to show something more like a cross section drawing that shows, really, how the building fits in with the site. Mr. Paladino — We will. Chairperson Wilcox — Anything else? Bill do you need anything else. Mr. Paladino — Appreciate all of your comments. Chairperson Wilcox — Ladies and Gentlemen, stay tuned. Thank you all very much. Consideration of Approval of 2007 Planning Board Meeting Schedule. Chairperson Wilcox — I move the proposed new schedule for next year as drafted, seconded by Board Member Thayer... Discussion? Board Member Thayer — January 2nd all Chairperson Wilcox — Do you want to meet on January 2"d? Board Member Hoffmann — I notice that Passover is on the 3rd of April, which is a meeting day. PB Minutes Dec. 19, 2006 Pg. 44 Chairperson Wilcox — It doesn't seem to impact this Board. Ms. Brock — It might affect the public. People who want to come and comment. Board Member Hoffmann — And the other is Election Day Mr: Kanter — We always talk about but... Board Member Talty — All I know is that I juggle a lot of balls everyday and if its really important, people can show up. ADOPTED RESOLUTION: PB RESOLUTION NO. 2006 =124 Town of Ithaca Planning Board Schedule of Meetings - -- 2007 Planning Board Meeting December 19, 2006 MOTION made by Chairperson Fred Wilcox, seconded by Board Member Larry Thayer. RESOLVED, that the Town of Ithaca Planning . Board adopt and hereby does adopt the following as its schedule of Regular Meetings for the Year 2007. Unless otherwise notified, all meetings will be held on the first and third Tuesday of each month, commencing at 7:00 p.m. and ending by 10:00 p.m. FIRST MEETING OF THE MONTH SECOND MEETING OF THE MONTH January 2, 2007 January 16, 2007 February 6, 2007 February 20, 2007 March 6, 2007 March 20, 2007 April 3, 2007 May 1, 2007 June 5, 2007 July 3, 2007 August 7, 2007 September 4, 2007 October 2, 2007 April 17, 2007 May 15, 2007 June 19, 2007 July 17, 2007 August 21, 2007 September 18, 2007 October 16, 2007 November 6, 2007 December 4, 2007 PB Minutes Dec. 19, 2006 Pg. 45 November, 20, 2007 December 18, 2007 A vote on the motion resulted as follows: AYES: Wilcox, Hoffmann, Conneman, Thayer, Howe, and Talty NAYS: None. The Motion was carried unanimously. Consideration of . Recommendation to the Town Board Regarding- Chairperson of the Planning Board for 2007. ADOPTED RESOLUTION PB RESOLUTION NO. 2006 =125 2007 Planning Board Chair Recommendation To Town Board Planning Board, December 19, 2006 MOTION made by Board Member Hoffmann, seconded by Board Member Larry Thayer. RESOLVED, that the Town of Ithaca Planning Board recommends to the Town Board that Fred Wilcox, III, be appointed as Chair of the Planning Board for the year 2007. A vote on the motion resulted as follows: AYES: Hoffmann, Conneman, Thayer, Howe, and Talty. NAYS: None. ABSTENTIONS: Wilcox The Motion was carried unanimously. Approval of Minutes: December 5,20060 ADOPTED RESOLUTION: PB RESOLUTION NO. 2006 =126 APPROVAL OF MINUTES: DECEMBER 5, 2006 TOWN OF ITHACA PLANNING BOARD DECEMBER 19, 2006 MOTION by Chairperson Wilcox, seconded by Board Member Hoffmann. PB Minutes Dec. 19, 2006 Pg. 46 RESOLVED, that the Planning Board does hereby approve and adopts the December 5, 2006 minutes as the official minutes of the Town of Ithaca Planning Board for the said meeting with corrections. The vote on the motion resulted as follows: AYES: Wilcox, Conneman, Thayer, Howe and Talty. NAYS: None. ABSTENTIONS: Hoffmann The vote on the motion was carried. Other Business Discussion regarding Agendas for January 2nd and 16th meetings. Discussion regarding the lights up around Triphammer Road, Meeting Adjourned Chairperson Wilcox adjourned the meeting at 9:30 p.m. Res a tful ubmitt , Paulette Neilsen Deputy Town Clerk TOWN OF ITHACA PLANNING BOARD 215 North Tioga Street Ithaca, New York 14850 Tuesday, December 19, 2006 AGENDA :00 P.M.. Persons to be heard (no more than five minutes). :05 P.M. SEQR Determination: Engman / Westmont 2 -Lot Subdivision, 206 Forest Home Drive and 120 Warren Road. :05 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Subdivision approval for the proposed 2 -lot subdivision (lot line modification) located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No.'s 66 -2 -2 and 66 -2 -4, Medium Density Residential Zone. The proposal involves subdividing a. +/- 1,000 square foot strip of land from the eastern edge of 206 Forest Home Drive, which will then be consolidated with 120 Warren Road. Westmont Family Trust and Herbert J. Engman, Owners /Applicants. ':10 P.M. SEQR Determination: Ithaca Community Childcare Center Additions & Renovation, 579 Warren Road. U0 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73- 1 -1.4, Medium Density Residential Zone. The proposal includes the construction of two additions totaling +/- 5,910 gross square feet, interior renovations to the existing building, a new canopy leading to the main entrance, and new landscaping, sidewalks, and lighting. Ithaca Community Childcare Center, Owner /Applicant; Peter J. Trowbridge, Trowbridge & Wolf, LLP, Agent, 7:25 P.M. SEQR Determination: Rite Aid Pharmacy Fence, Pine Tree Road & Mitchell Street. 7:25 P.M. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan approval for a modification to the Rite Aid Pharmacy development located at 330 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62- 1 -3.2, 62- 1 -2.2, and 62- 1-1, Community Commercial Zone. The requested modification includes permitting the installed 6 -foot high chain link fence around the storm drainage pond to remain. The installed fence does not conform with the site plan approved by the Planning Board on December 6, 2005, which did not show any fence in this location. 1093 Group, LLC, Owner /Applicant; William A. Paladino, Agent. 7:40 P.M. Consideration of a Sketch Plan review for a proposed hotel and two restaurant / retail buildings as part of the Phase II Development of the former Judd Falls Plaza located off Pine Tree Road and Mitchell Street, Town of Ithaca Tax Parcel No.'s 62- 1 -3.2, 62- 1 -2.2, and 62 -1 -1, Community Commercial Zone. The proposal includes a three -story, +/- 60,507 square foot hotel containing approximately 84 rooms and two restaurant / retail buildings totaling +/- 7,900 square feet. The proposal will also include improvements to the parking area along with new walkways and landscaping. 1093 Group, LLC, Owner /Applicant; William A. Paladino, Agent. 9. Consideration of Approval of 2007 Planning Board Meeting Schedule, 10. Consideration of Recommendation to the Town Board Regarding Chairperson of the Planning Board for 2007. 11. Persons to be heard (continued from beginning of meeting if necessary). 12. Approval of Minutes: December 5, 2006, 13. Other Business: 14, Adjournment. Jonathan Kanter, AICP Director of Planning 273 -1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY SANDY POLCE AT 273 -17470 (A quorum of four (4) members is necessary to conduct Planning Board business.) TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday, December 19, 2006 By direction of the Chairperson 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, December 19, 2006, at 215 North Tioga Street, Ithaca, N.Y., at the following times and on the following matters: 7:05 P.M. Consideration of Preliminary and Final Subdivision approval for the proposed 2 -lot I ubdivision (lot line modification) located at 206 Forest Home Drive and 120 Warren Road, Town of Ithaca Tax Parcel No.'s 66 -2 -2 and 66 -2 -4, Medium Density Residential Zone. The proposal involves subdividing a +/- 1,000 square foot strip of land from the eastern edge of 206 Forest Home .Drive, which will then be consolidated with 120 Warren Road. Westmont Family Trust and Herbert J. Engman, Owners /Applicants. 7:10 P.M. Consideration of Preliminary and Final Site Plan Approval and Special Permit for the proposed additions and renovations at the Ithaca Community Childcare Center located at 579 Warren Road, Town of Ithaca Tax Parcel No. 73- 1 -1.4, Medium Density Residential Zone. The proposal includes the construction of two additions totaling +/- 5,910 gross square feet, interior renovations to the existing building, a new canopy leading to the. main entrance, and new landscaping, sidewalks, and lighting. Ithaca Community Childcare Center, Owner /Applicant; Peter J. Trowbridge, Trowbridge & Wolf, LLP, Agent. 7:25 P.M. .Consideration of Preliminary and Final Site Plan approval for a modification to the Rite Aid Pharmacy development located at 330 Pine Tree Road, Town of Ithaca Tax Parcel No.'s 62- 1 -3.2, 62- 1 -2.2, and 62 -1 -1, Community Commercial Zone. The requested modification includes permitting the installed 6 -foot high chain link fence around the storm drainage. pond to remain. The installed fence does not conform with the site plan approved by the Planning Board on December 6, 2005, which did not show any fence in this location. 1093 Group, LLC, Owner /Applicant; William A. Paladino, 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 hearings. Jonathan Kanter, AICP Director of Planning 273 -1747 Dated: Monday, December 11, 2006 Publish: Wednesday, December 13, 2006 VY 1• �Wed�nesd�ay Decem�ber�13 �2„0506'� THE ITHACAJQIIRNAL Town of Ithaca Planning Board 215 North Tioga Street December 19, 2006 7:00 p.m. PLEASE SIGMN Please Print Clearly, Thank You Name Address rS Erb Jov) P tq ock/ 44 1 � 1 a� + , e TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Sandra Polce, being duly sworn, depose and say that I am a Senior Typist for the Town of Ithaca, 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 the Town of Ithaca Town Hall 215 North Tioga Street Ithaca New York on Tuesday, December 19, 2006 commencing at 7:00 P.M., as per attached. Location of Sign Board used for Posting: Town Clerk Sign Board — 215 North Tioga Street. Date of Posting: Date of Publication: December 11, 2006 December 13, 2006 6 A.(: la-ec Sandra Polce, Senior Typist Town of Ithaca STATE OF NEW YORK) : SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 13th day of December 2006. Notary Public CONNIE F. CLARK Notary Public, State of New York No. 01 CL6052878 Qualified in Tompkins County Commission Expires December 26, 20 Page 1 of 1 Steven Williams From: Chris Balestra Sent: Thursday, January 18, 2007 10:22 AM To: Steven Williams Subject: FW: Temporary CO for 105 Larisa Lane Steve, There's nothing else we need in the Planning Department. The PB conditions needed to be met prior to any CO's - they've been met. It is now up to you to decide if Boris has met any outstanding Building Department conditions, like payment of the CO fees, for example. That's a Building Department issue - Dan, Kristie, and you get to decide whether to hold up the final CO because of the fees or any other building issues. Chris - - - -- Original Message---- - From: Chris Balestra Sent: Wednesday, December 27, 2006 3:55 PM To: Steven Williams; 'bsimkin @twcny.rr.com'; 'joa @albaneselawoffice.com' Cc: Jonathan Kanter; Dan Walker; Kristie Rice; Chris Balestra; Susan Brock (E -mail) Subject: Temporary CO for 105 Larisa Lane Steve, Please see the attached memo to Code Enforcement Staff regarding the issuance of a Temporary Certificate of Occupancy for 105 Larisa Lane. I will let you know when then conditions in the attachment have been met, so you know when to issue a Final Certificate of Occupancy. cc'd Boris and his attorney as well as town staff and the Town Attorney. Boris, please keep in mind that although you submitted the proposed deed between Westview Partners and Huckle, you will also need to submit a copy of the final signed deed for our files. Also, be prepared for 101 Larisa Lane- it has not yet received a CO and we will likely have to go through some of this process for that property as well (not the park dedication, but the proposed and signed deed and the signed stormwater maintenance agreement). Please see me with any questions you might have. Thanks! Chris Christine Balestra, Planner Town of Ithaca Planning Department 215 North Tioga Street Ithaca, NY 14850 1/18/2007