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HomeMy WebLinkAboutPB Minutes 1996-01-0913 TOWN OF ITHACA PLS NG )ARD The Town of Ithaca Planning Board met in regular session on Tuesday, January 9, 1996, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairperson Candace Cornell, Herbert Finch, Gregory Bell, Fred Wilcox, James Ainslie, Jonathan Kanter (Director of Planning), JoAnn Cornish (Planner), George Frantz (Assistant. Town Planner) , Daniel Walker (Town Engineer) , John Barney (Town Attorney), ALSO PRESENT: Jonathan Albanese, John Yntema, Larry Fabbroni, Virginia Bryant, Bruce Lauber, Andrea Lachance, Noel Desch, Mark Macera, Scott Nash, Dell Grover. Chairperson Cornell declared the meeting duly opened at 7-38 p.m. and accepted, for the record, the Secretary's Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on January 2, 1996, and January 4, 1996, together with the Secretary's Affidavit of Service by Mail of said Notice upon the Clerks of the City of Ithaca and the Town of Ithaca, 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 January 5, 1.996. (The Affidavit of Posting and Publication is attached hereto as Exhibit #1) Chairperson Cornell read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office o Fire Prevention and Control. Attorney for the Town John Barney gave Board Member Fred Wilcox his oath of office for his reappointment to the Town of Ithaca Planning Board. AGENDA ITEM: PERSONS TO BE HEARD. There were no persons present to be heard. Chairperson Cornell closed this segment of the meeting. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF THE TOWN OF ITHACA TAY, PARCEL ,NO. 19-1-2, 6.4+ ACRES TOTAL AREA INTO TWO LOTS, 3.054- ACRES AND 3.36+ ACRES IN SIZE RESPECTIVELY, LOCATED AT 1.111 EAST SHCRE DRIVE, RESIDENCE DISTRICT R-15. JONATHAN 0. AND SHANNON ALD ANESE,,OWNER S/APPLICANT'S . Chairperson Cornell declared the above -noted Public Hearing duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. 1 Planning Board Minutes 2 January 9, 19_96 ADOPTED April 2, 1996 Jonathan Albanese of 1.1.11. East Shore Drive, addressed the Board and stated that he had -come before the Board with the same idea, but configured differently. At that time, they had proposed a 1.9 acre parcel and 6 to 7 acre parcel left over. Mr. Albanese stated that he did not think that the Board is very happy with the configuration of that parcel, but it was approved. Mr. Albanese stated that was later abandoned and he recently built a house oii the property in the middle of that subdivision. Mr. Albanese stated that he is back before the Board to redraw the line and cut the parcel into two 3 -acre parcels which he believes fits a little better into the Board's plans for that area, as well as to include a restrictive covenant on the parcel that is being subdivided out that it will not be further subdivided and no future building on that site either. Mr. Albanese stated that he had received a letter from Jean Chatfield of 1103 East Shore Drive, which states that she approves the plans being presented to the Board. (Copy of Ms. Chatfield's letter is attached hereto as Exhibit ##2) Mr. Albanese stated that he had submitted a detailed restrictive covenant to Attorney John Barney for his review prior to this meeting. Chairperson Cornell stated that Robert Wesley, who is a botanist, did a botanical survey of the area because it had been designated as a Tompkins County Unique Natural Area (UNA). Ms. Cornell stated that he did not find any endangered or rare species but he flagged few of the scarce species that were there. Chairperson Cornell asked if those flags were still visible. Mr. Albanese stated that a few of them are still in place, the flags that he put in place are marked with blue tape, and the property lines are marked with orange tape. Mr. Albanese stated that the plant being discussed is the scarlet oak. Assistant Town Planner George Frantz stated that he had walked the site and within the building envelope he did not recall seeing any trees with flags. Mr. Frantz stated that most of the area, as noted in the Environmental Assessment Form, is Old Field Forest. Chairperson Cornell stated that somewhere in the documentation on this project, it suggested that there may be some Scarlet Oak in that area. Mr. Albanese stated that there might be some Scarlet Oak on the property. Chairperson Cornell noted that this was a Public Hearing and asked if anyone from the Public wished to speak. No one spoke. Chairperson Cornell closed the Public Hearing and brought the matter back to the Board for further review. i Planning Board Minutes 3 January 9, 1996 ADOPTED April 2; 1996 Board Member Wilcox asked if the plants were an issue when this project appeared before the Board in the past. Chairperson Cornell responded, no, there are steep slopes, the Twin Glen, which is a sensitive area, which raises concern about the proximity to the Unique Natural Area to consider as well. Chairperson Cornell stated that they may have been concern about road cuts along East Shore Drive. Mr. Albanese stated that there will be no additional road cuts with this project. Chairperson Cornell asked if 15 feet was adequate for the driveway right-of-way for Parcel B. Assistant Town Planner Frantz stated that it would be more than 15 feet. Attorney Barney asked Mr. Albanese if the existing gravel driveway was 15 feet including ditches. Mr. Albanese stated that the 15 feet includes the ditches, the actual driving space is approximately 10 feet wide. Chairperson Cornell asked if the location for the proposed driveway was level. Mr. Albanese stated that the land for the right-of-way for the driveway is level. Board Member Gregory Bell stated that a letter submitted for this project stated that there would be easements for Parcel B, and asked why Parcel A would not have any easements. Mr. Albanese stated that it could be an error, it should say that the easement would be across Parcel A, because one would need an easement to use the existing gravel driveway, which is on Parcel A, as well as water and sewer lines that come across Parcel A. Chairperson Cornell asked if there would be any deed restrictions on Parcel B. Board Member Bell asked for a small word change in the second restriction on Parcel A. Mr. Bell stated that the it currently refers to "impact on the fauna and foliage..."; and feels that it should be changed to read "impact on the flora and fauna..." The Board asked that this term be corrected throughout the documentation for this project. Chairperson Cornell stated that Mr. Albanese was very willing Planning Board Minutes 4 January 9, 1996 ADOPTED April 2, 1996 f ' to have a botanical survey done on his- property and was very interested in the survey. Chairperson Cornell stated that the Board was lacking topographic information for this site. Assistant Town Planner Frantz stated that for the purposes of this subdivision he felt comfortable doing the Environmental Assessment Form without the topographic information. Mr. Frantz stated that the building envelope had slopes of 10 to 15 percent. Mr. Frantz stated that the area is definitely buildable without any environmental impacts. Mr. Frantz stated that as a condition on the construction of the first house on the site was preparation of sufficient erosion and sedimentation control plan to the Town Engineer for his approval prior to any construction. Attorney Barney asked Mr. Albanese if it was his intention to convey off Parcel B very soon. Mr. Albanese responded that he hoped to convey it soon. Attorney Barney asked when closing would be. Mr. Albanese stated that he was hoping the closing would be in February. r Attorney Barney asked if it would be acceptable to Mr. t Albanese to put a provision in the resolution that the deed be approved with respect to the easements and restrictive covenants by the Town of Ithaca and be recorded within the next four or five months. Mr. Albanese stated that would be acceptable to him. Town Engineer Daniel Walker stated that they may not be in compliance with the required setbacks. Assistant Town Planner Frantz stated that scaling off the front yard area it is in compliance with the setback requirements. The side yards measurements are also within the setback requirements. Mr. Frantz stated that the front yard requirements in R-15 are 25 feet, and this is approximately 30 feet. The side yard requirements are 15 feet, and these are approximately 25 to 30 feet. Director of Planning Jonathan Kanter stated that it would be a good idea to add the dimensions of the setbacks on the plat. Mr. Albanese stated that he had asked the surveyor to draw the building footprint along with the setback requirements along the border lines of the parcel. Attorney Barney stated that he thinks it would be a good idea Planning Board Minutes 5 January 9, 1996 ADOPTED April 2, 1996 to add a condition to the resolution which would read: The final plat is submitted for signing show the dimensions of the building on the lot and that they conform to the zoning requirements. Assistant Town Planner Frantz stated that the northern property line is located approximately 5 to 10 feet from the edge of the ravine. Mr. Frantz stated that the Town would not want anything closer than that. Chairperson Cornell stated that the ERC had submitted a letter to the Planning Board regarding this project. There appearing to be no further discussion, Chairperson Cornell asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by Gregory Bell: WHEREAS: 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 19-1-2, 6.41 +/- acres in area, into two lots, 3.05 +/- acres and 3.36 +/- acres in size respectively, located at 1111 East Shore Drive, Residence District R-15. Jonathan O. & Shannon Albanese, Owners and Applicants, and 2. This is an Unlisted Action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review with respect to Subdivision Approval, and 3. The Planning Board, at a Public Hearing on January 9, 1996, has reviewed and accepted as adequate a Short Environmental Assessment Form Pt. I submitted by the applicant and a Part II prepared by the Town Planning Department, a survey report on potential rare plant and'rare plant communities on the subject property, comments of the Town Environmental Review Committee, a survey entitled "Final Subdivision Plat of Lands of Albanese, Located on East Shore Drive, Town of Ithaca and Village of Cayuga Heights, Tompkins County, State of New York" prepared by Allen T. Fulkerson, L.S., dated April 10, 1992, and amended March 1, 1994 and December 1, 1995, and other application materials, and 4. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposed subdivision; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative Planning Board Minutes 6 January 9, 1996 ADOPTED April 2 , , 1996 determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed and, therefore, an Environmental Impact Statement will not be required. Aye - Cornell, Ainslie, Finch, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Herbert Finch, seconded by James Ainslie: WHEREAS: 1. This action is the Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 19-1-2, 6.41 +/- acres in area, into two lots, 3.05 +/- acres and 3.36 +/- acres in size respectively, located at 1111 East Shore Drive, Residence District R-15. Jonathan 0. & Shannon Albanese, Owners and Applicants, and 2. The Planning Board, at a Public Hearing on January 9, 1996, has reviewed and accepted as adequate a Short Environmental Assessment Form Pt. I submitted by the applicant and a Part II "y prepared by the Town Planning Department, a survey report on potential rare plant and rare plant communities on the subject property, comments of the Town Environmental Review Committee, a survey entitled "Final Subdivision Plat of Lands of Albanese, Located on East Shore Drive, Town of Ithaca and Village of Cayuga Heights, Tompkins County, State of New York" prepared by Allen T. Fulkerson, L.S., dated April 10, 1992, and as amended through December 1, 1995, and other application materials, and 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on January 9, 1996, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval, as shown on the Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board, and 2. That the Planning Board hereby grants Preliminary and Final s Subdivision Approval for the proposed subdivision of Town of Planning Board Minutes 7 January 9, 1996 ADOPTED April 2, 1996 - Ithaca Tax Parcel No. 19-1-2, 6.41 +/- acres in area, into two lots, 3.05 +/- acres and 3.36 +/- acres in size respectively, located at 1111 East Shore Drive, as shown on the survey entitled "Final Subdivision Plat of Lands of Albanese, Located on East Shore Drive, Town of Ithaca and Village of Cayuga Heights, Tompkins County, State of New York" prepared by Allen T. Fulkerson, L.S., dated April 10, 1992, and as amended through December 1, 1995, and other -application materials, subject to the following condition(s): a. Submission of the original or mylar copy, and four (4) copies of the plat to be signed by the Planning Board Chair prior to filing in the County Clerk's Office; b. Any new home to be sited on Parcel "B" created as a result of this approval be sited within the area identified on the plat as "Proposed Building Envelope"; C. Any driveway or other vehicular access to Parcel "B" be limited to the 15 ft. wide right--of-way shown on the plat and further described in Note No. 1 on said plat, and the existing gravel drive; d. Submission to and approval by the Town Attorney of a proposed deed for Parcel B containing the easements and w, the restrictions on further subdivision and development outlined in the letter from Jonathan O. and Shannon M. Albanese to the Planning Board dated December 4, 1995, prior to signing of the plat by the Planning Board Chairperson; said deed to be recorded within six months of such signing and prior to the issuance of any Building Permit for any construction on Parcel B; e. Submission to and approval by the Town Engineer of a sedimentation and erosion control plan for any home construction activity on Parcel "B" prior to the issuance of a building permit for said lot; f. During any construction activity that may take place on "Parcel "B", tree cutting and other vegetative clearing outside of the area identified on the plat as "Proposed Building Envelope" shall be minimized to the extent practicable in order to protect the steep slopes, the scarce plants identified in the letter of F. Robert Wesley dated June 9, 1992, and significant plant resources of the site; g. The final plat, when submitted, be modified to show the dimensions and/or lot set- backs of the building envelope on Parcel B. Planning Board Minutes 8 January 9, 1996 ADOPTED April 2, 1996_ Mr. Albanese asked what happens to his approval if the deed can not be recorded within the six months specified in the resolution. Attorney Barney responded that he could then simply reissue the deed to himself to include the restrictive covenants and have them on record by that time. There being no further discussion, the Chair called for a vote. Aye - Cornell, Ainslie, Finch, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Cornell declared the matter of Preliminary and Final Subdivision for the Jonathan Albanese three -lot Subdivision to be duly closed. PUBLIC HEARING: CONSIDERATION OF A SKETCH PLAN OF THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 39-10-1 AND 39-1-25.2, CONSISTING OF A TOTAL OF 7.68± ACRES AND 5.87±.ACRES RESPECTIVELY, INTO 12 LOTS LOCATED ON VISTA LANE WEST OF DANBY ROAD, RESIDENCE DISTRICT R-9. DELL L. GROVER AND EDWARD MAZZA, OWNERS; LAWRENCE FABBRONI, AGENT. CURRENTLY THE CAYUGA VISTA PROJECT IS APPROVED FOR 32 TOWNHOUSE UNITS CLUSTERED ON THE 7.68 ACRE PARCEL. TWELVE UNITS IN THREE BUILDINGS HAVE BEEN BUILT. THE PROPOSAL IS TO MODIFY THE REMAINDER OF THE CLUSTER AREA INTO 9 LOTS AND TO ADD 3 LOTS ON ADJACENT LAND RECENTLY OBTAINED BY THE APPLICANT. Chairperson Cornell declared the above -noted Public Hearing duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Larry Fabbroni of 127 Warren Road, Ithaca, addressed the Board and stated that he is the engineer/surveyor for Mr. Mazza and Mr. Grover on this project. Mr. Fabbroni stated that the current project is approved for a cluster subdivision with 32 townhouse units on the front 8 acres. There are three buildings shown on the map that have already been constructed. Mr. Fabbroni stated that the cul--de-sac is a Town. Road and access to the buildings are provided by that road. When this cluster was approved in 1986 this whole project was approved as a condominium -type project, not only as a cluster by the Town of Ithaca, but it was approved by the Department of State. Mr. Fabbroni stated that it has been updated over the years as a condominium. Anytime an improvement is proposed, it would require approval from 80 percent of the people that are owners of the units. Mr. Fabbroni stated that this project would require approval of the membership owners in this project as well. w� Planning Board Minutes 1 9 January 9, 19.96 ADOPTED April 2, 1996 'Chairperson Cornell asked why the approval of the owners of the units was necessary. Mr. Fabbroni stated that because of the joint --ownership of the condominiums, but that Attorney Barney could probably explain it better than he could. Attorney Barney stated that this falls under a condominium association so it falls under th_e same concept as a neighborhood association. Mr. Fabbroni stated that he wanted the Board to know that anything that was approved by this Board would require approval of 80 percent of the membership and would require an updating of the offering plan. Chairperson Cornell asked what the offering plan was. Mr. Fabbroni stated that the offering plan is what describes the nature of the units, the costs, and what you would be in for if you bought a unit in terms of common costs, it provides for information to the owners of an individual unit. Director of Planning Kanter stated that the offering Plan has to be approved by the Attorney General's Office. Mr. Fabbroni stated that Mr. Kanter was correct, and that he had a copy that was update to 1993. Board Member Bell asked if the Board was going to hear from any of the owners tonight. Mr. Fabbroni stated that eventually the owners would be heard from, but he thought that if the idea of modifying of this project was not favorable to this Board at the sketch plan phase, then there would be no reason to involve the other owners at this time. Chairperson Cornell stated that Mr. Fabbroni 's purpose tonight was to sound out his idea and try to establish the Board's feelings about the proposed project. Mr. Fabbroni stated that they can revise the cluster from the eight four-plexes that were presented to the three that are already built and as many as nine duplexes. Mr. Fabbroni stated that they were not sure, in terms of individual sale of lots, that they would all be duplexes, but they are asking for approval of that kind of density. Mr. Fabbroni stated that would take the density from a maximum of 32 units to a maximum of 30 as it was envisioned almost ten years ago. Mr. Fabbroni stated that at the time there was an access provision needed to a parcel that Ms. Rumsey owned because ? she has an inadequate right-of-way from Danby Road:. Mr. Fabbroni Planning Board Minutes 1 10 January 9, 1996 ADOPTED April 2, 1996 t stat ed that a lot of thought was given to providing future access to that parcel as well. Mr. Fabbroni stated, since then, the applicants have purchased a second parcel which has enabled them to propose a different way of accessing the Rumsey lot, which is more in keeping with the topography of the lot. Chairperson Cornell asked if the access would be their own cul-de-sac. Mr. Fabbroni stated that the access would be off the end of the cul-de-sac, the actual land that would encompass the right-of-- way would be right to the property line. Mr. Fabbroni stated that what is shown on the sketch plan was to depict the 150 -foot circle within the right-of-way. Mr. Fabbroni stated that the three lots shown on the drawing were part of what is being presented, but not to be confused with the cluster. Mr. Fabbroni stated that they are asking to go from 32 maximum to 30 maximum. Mr. Fabbroni stated that the other reason for doing this was because they think that there has been a shift in the market where individually owned condominiums of this sort are the least desirable of what can be developed, which is the incentive for this change. Mr. Fabbroni stated that they think that the impacts on the lands would be less with this plan than with what has already been approved. Mr. Fabbroni stated that there is nice vegetated land in the back of the proposed property and this is the 2.5 acre open space shown on the plan, even if not an active space it would be a nice open space in the Town. Mr. Fabbroni stated that they were trying to maximize the depth of the lots and leave as much of the open space as possible. Mr. Fabbroni stated that he knew a portion of the property along the southern edge of the property would need to be delineated before the project is completed, but we are looking for a direction that is acceptable to the Board. Chairperson Cornell asked how much of the road exists currently. Mr. Fabbroni stated that the road exists up to the and including the cul-de-sac. Mr. Fabbroni showed the Board where the sewer and water services were located on the drawing. Board Member Gregory Bell asked Mr. Fabbroni what he thought the contour drop would be from Route 96 at the front of the parcel back to Stone Quarry Road. Mr. Fabbroni stated that it would be approximately 120 feet, but was not certain. Chairperson Cornell stated that Mr. Fabbroni wanted to know if the Board thinks the transition from Multiple Residence to single family duplex homes is a good idea, a rough idea of what the Board thinks about park and open space dedication, and what to do in Plannzncr Board Minutes 11 January 9, 1996 ADOPTED April 2, 1996 terms of the wetland that is being proposed as open land on the back side of the parcel. Chairperson Cornell asked how the Board felt about changing from condos to single and duplexes. Board Member Bell stated that there could still be single family condos. Mr. Fabbroni stated that there would either be a modification of the Offering Plan or they would be extracted from the Offering Plan. Director of Planning Kanter stated that he would assume that the existing 12 townhouse units would be separated off in the ownership concept and the remain under Condominium form of ownership. Town Attorney John Barney stated that there have been some problems marketing them. Attorney Barney asked how many units the developer still owned. Dell Grover of 411 Hillview Place, responded that the developers own three of the 12 units, the three located in the front. Board Member James Ainslie stated that they are not going to sell what the market does not want. Board Member Bell stated that his question was not answered, and asked again if the new units were going to be condos. Mr. Fabbroni responded, that they may have to be, but that he could not answer that question indefinitely. Mr. Grover stated that they are going to be single-family homes or duplexes. Mr. Fabbroni stated that the applicants would like to sell these lots off individually. Mr. Grover stated that they are going to sell lots, and what people do with them will be up to the buyers. Attorney Barney stated that the change would have to be taken through the Attorney General's Office, and whether the Attorney General will agree to this is unknown. The approval would probably depend on the responses from the owners of the 12 units. Director of Planning Kanter stated that the Board Members f should consider the physicalconfiguration of the lot layout and Planning Board Minutes 12 January 9 1996 ADOPTED April 2, 1996 what the resulting house configuration would be and whether that would give some opportunities for improving the relationship.to slopes and wetlands. Attorney Barney stated that we have been on the verge of a lawsuit against several of the owners of the lots up there because when this subdivision was created almost 10 years ago, there was a limitation on the number of years any of these units can be leased, and what has happened is that several of the units were purchased by people that had children at Ithaca College, who have since graduated and the market is so that they could not sell the units, so they have been leasing them out contrary to the restrictive covenants that were placed upon them at that time to stop that from happening. Attorney Barney stated that something needs to happen to improve the situation so that they might be able to sell or remove the restrictive covenants. Board Member Bell asked if Vista Lane was currently a Town Road. Mr. Fabbroni responded, yes. Board Member Bell asked if that included the extension as well. _J Mr. Fabbroni stated that it included the extension. Director of Planning Kanter stated that the proposed cul-de- sac will be approximately 800 feet long. Board Member Ainslie stated that the idea of working the front of the property would save the wetland problem and is favorable. Chairperson Cornell asked the Board to discuss the environmental constraints of the area. Chairperson Cornell stated that she needed to know where the wetlands were located. Director of Planning Kanter stated that they seemed to be located primarily along the southern edge of the property. Board Member Bell asked if the wetland extended on the other side of the property line. Scott Nash of 1032-1/2 Danby Road, responded, yes, the wetland extends across the property line. Chairperson Cornell stated that it is difficult to discuss lot placement until the Board has more information. The Board felt that the idea of building away from the wetlands was a good idea. Planning Board Minutes 13 January 9, 1996 ADOPTED April 2, 1996 Assistant Town Planner George Frantz stated that while reviewing past minutes on this project when it received its approval several years ago, he understood that the Planning Board decided that it was a requirement that Cayuga Vista provide access to Ms. Rumsey's property. Chairperson asked if Ms. Rumsey's access was a legal agreement. Director of Planning Kanter stated that it was one of the conditions of cluster approval that access be provided to the Rumsey property and if that particular approval had to be done around the right -of --way. Chairperson Cornell asked if the property is reconfigured, how is the right -of --way effected. Attorney Barney stated that the Board would have to modify that condition with their approval because the approval is being modified anyway if the Board chooses to accept this change. Board Member Herbert Finch stated that it seemed that the Rumsey property would be better off with this plan because there would be a built road right against it instead of the right-of-way. Board Member Bell stated that this project would create a cul-- de-sac of over 1,000 feet, which is something that the Comprehensive Plan says the Town does not want. Mr. Bell stated that somewhere there could be a direct street linkage instead of a cul-de-sac; is that possible. Director of Engineering Daniel Walker stated that the 150 - foot cul-de-sac will work fine for the Highway Department, as per a discussion with Fred Noteboom, the Superintendent of the Highway Department. Mr. Walker stated that other alternatives will be checked into and considered. Board Member Fred Wilcox asked if there was adequate parking for the condominiums. Director of Engineering Walker stated that there is up to three cars per units and there is no room for them, so they are parking on the road. Chairperson Cornell stated that the Board must also address the open space issue. Ms. Cornell stated that in this proposal the applicant has proposed an open space dedication of the entire back side of the lot, but it is not very accessible. Ms. Cornell stated that Mr. Kanter suggested a trail that would intersect with the trail system that is being developed in the updated Open Space Parks Plan. Ms. Cornell stated that this is not necessarily an Planning Board Minutes 14 January 9, 1996 ADOPTED April 2, 1996 area where the Town needs a 2.5 acre park Assistant Town Planner Frantz showed the Planning Board a map which is proposed to be included in the update to the Open Space Parks Plan and showed a proposed bicycle pathway that would start at the City of Ithaca line on the sidewalk on the South end of Aurora Street, which would follow a sewer easement to behind the South Hill Retail lot, to then swing behind the downhill side of the parking lot that is behind the Axiohm Industrial Complex, come back up and across the Ithaca College and Ithacare property and then cross around the Rumsey Parcel, the Vista Circle parcel, and two other parcels, and come out at the intersection of King Road and Stone Quarry Road. Mr. Frantz stated that the rationale behind this is that it would be a very level bike route from the City line to Upper Buttermilk Falls State Park. Mr. Frantz stated that it would serve South Hill Retail, Axiohm, Ithacare, Vista Lane, and any other potential future residential development in the area. Mr. Frantz stated that as far as future parks on South Hill, there is a possibility here for an area or community park in the range of 10 acres in size. The Town is trying to get away from the small one to two acre neighborhood parks, because it would be much easier and less costly to maintain. Chairperson Cornell stated that trails seem to be a good tradeoff, and perhaps some fees in lieu of to make up the difference. Mr. Fabbroni stated that there were no problems with trails, and a logical location could be worked out. Board Member Fred Wilcox asked if the proposed pathway could cross over West King Road and get to the Iacovelli & Wiggins parcels. Mr. Frantz responded, that he does not think so because the house lots would be in the way, but could be investigated. The Board felt that the proposal was a good change. Director of Planning Kanter stated that if would be good if they could receive an estimate of what the square footage the area of what is parcel 39-10-1, which is the area surrounding the 12 units for density calculations. Mr. Fabbroni stated that information could be provided. Mr. Nash addressed the Board and stated that from what he has seen so far, the wetlands are of concern to him and this seems like it would be better than the other plan. Mr. Nash stated that the wetland goes into his place. Mr. Nash stated that there has been an increase in runoff from the Novarr-McKensy development. Planning Board Minutes 15 January 9, 1996 ADOPTED April 2, 1996 Director of Planning Kanter stated that the Board should give Mr. Fabbroni some direction regarding the wetlands. Mr. Kanter stated that the wetland needed to be at least sketched in on the map to see how the lots would fit into the land. Chairperson Cornell stated that if the Board is to consider lot location, dimensions, and road placement, a delineation would be needed. Mr. Fabbroni stated that they would give a rough outline of the wetland could be done. Mr. Fabbroni stated that they do not wish to produce a full delineation until they have received some sort of preliminary approval from the Board before they present the idea to the owners of the units and the Attorney General, because if this Board does not approve of the basics, then it would be a waste of time to present it to the others. Chairperson stated that if They were willing to complete a rough delineation that was flagged with the agreement that the full delineation be completed before requesting Final approval, that would be fine. Mr. Fabbroni stated that to give the Board the specifics they want without creating the whole report sufficient for submission to submit to the Army Corps, would be helpful to get to preliminary approval. Attorney Barney asked what would happen if they receive preliminary approval with this configuration, and the report says there are three lots on the south side that are not useable because of the amount of wetland. Attorney Barney stated that if the applicants are willing to take that risk, then there is not a problem; however, if the applicants are not willing to take that risk then there is a problem. Chairperson Cornell stated that the Board is asking for a fairly detailed preliminary delineation and the engineering data needed by Town staff. There being no further discussion, Chairperson Cornell declared the matter of the Sketch Plan for Cayuga Vista duly closed. AGENDA ITEM: CONSIDERATION OF APPROVAL OF STATEMENT OF FINDINGS FOR THE PROPOSED ITHACARE CENTER SENIOR LIVING COMMUNITY TO CONSIST OF A 115,000± SQUARE FOOT BUILDING WITH 60 ADULT CARE UNITS, 20 ASSISTED LIVING UNITS, AND 80 INDEPENDENT LIVING UNITS, TO BE LOCATED ON THE WEST SIDE OF DANBY ROAD APPROXIMATELY 2,090 FEET SOUTH OF THE ENTRANCE TO ITHACA COLLEGE ON THAT 28+ ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO. 39--1--1.3 DESIGNATED AS SPECIAL LAND USE DISTRICT NO. 7. ITHACARE CENTER, APPLICANT; MARK MACERA, Planning Board Minutes 16 January 9, 1996 ADOPTED April 2, 1996_ i i AGENT. Chairperson Cornell declared the above -noted item duly opened and read aloud from the Planning Board Agenda. Director of Planning Jonathan Kanter stated that the Board has received a Draft Statement of Findings for the proposed Ithacare project. Mr. Kanter stated that the Board can quickly discuss the highlights of this document, and then study the document more closely and be prepared to address this issue in more detail at the next Planning Board Meeting which would be held on January 23, 1996. Mr. Kanter suggested that anyone having comments about this document between now and then, get the information to him, and those revisions if needed could be ready for the next meeting. Mr. Kanter stated that the first and last pages are form pages as recommended by the SEAR appendices. Mr. Kanter stated that Pages 2 through 9 need to be addressed by the Board. Sections One and Two are basically repeating the potential significant environmental impacts, taken from the FEIS and DEIS, that lead the Town to producing the Impact Statement. Section Two is a reiteration of the proposed alternatives from the FEIS and DEIS. The remaining sections are the actual findings, that based on the discussions held by the Board up until now, seem to be what the Board consensus of what the Board wants up to this point. Part Three on Page 3 starts off with what he considers the essential finding which is that of all the alternatives presented, Alternative B3 seems to be the one that minimizes the adverse environmental impacts to the maximum extent practical. The outline goes on to specify why that finding was made. Mr. Kanter stated that in drafting the Findings Statement, he tried to put in the items that seemed to be the central critical elements in reaching a decision. Section Three includes the comparison of Alternative B3 and Modified Alternative B3, because one of the essential discussions that the Board has been having is whether the new information that was produced in the Final EIS for Modified Alternative B3 presented any better solution when weighing all of the considerations of view impact, physical impacts on the property, costs, impacts of the project. Mr. Kanter stated that on Page 5, as Part C, includes a finding regarding Modified Alternative B3 which basically says; that the marginal improvement is use, the increase in potential impacts of the site features associated with Modified Alternative B3 and the significantly higher costs associated with'Modified Alternative B3, the Planning Board finds that the Modified Alternative B3 is not a reasonable alternative. Mr. Kanter stated that Part Four reviews the actual impacts that have been documented by the Final EIS and the Draft EIS. Mr. Kanter stated that will be a very important section of this Findings Statement. Mr. Kanter stated that this section also addresses what some of the mitigation measures might be. Mr. Kanter stated that there was important discussion in the FEIS that referred to architectural style, lighting, and how those s elements could additionally contribute to impacts on the character Planning Board Minutes 17 January 9 1996 ADOPTED April 2, 1996 of the surrounding area. Mr. Kanter stated that some of the other items, not relating to visual impacts, but that were identified as potential significant issues are in the document as well, storm water runoff, downstream flooding potential, and sanitary waste overflowing sewers in the City. Mr. Kanter stated that it seemed evident that discussions in both parts of the EIS that those will not result in conclusions that those will not result in significant impacts because of the way that drainage is being handled. Mr. Kanter stated that all of these are contingent upon submission of much more detail in the final plans when that phase comes about. For instance, with regard to runoff, the Town would require a detailed stormwater management plan to be submitted for whatever the alternative is that is found to be acceptable. Mr. Kanter stated that Part Five is Balancing Protection of the environment and the need to accommodate social and economic considerations, which was started with an excerpt from the SEQR Handbook that indicates that it is not the intention of SEQR that environmental impacts be the sold consideration in decision making but that the purpose of the SEQR is to insure that the environmental impacts of a project are weighed and balanced with social, economic, and other considerations. Mr. Kanter stated that he thought it was important to have that highlighted in the Findings Statement to basically indicate that they have prepared, through the documentation of the EIS, by a clear demonstration of local and regional need of this type of facility proposed. Also, how economic considerations entered into the decision making process, particularly looking at the different costs of the different alternatives. Mr. Kanter stated that 'the additional requirements in the Findings is if Alternative B3 is the acceptable and approved action here, that would then require going back to the Town Board for some modification of the SLUD No. 7, and also to reference the resolution passed by the Town Board in January 1994, and that resolution noted that SLUD No. 7 should be reviewed if substantial construction had not been started by February 1996. Mr. Kanter stated that the last page is the SEQR recommended format for a Certification of Findings to approve, which is how this was formatted based on the decision that there is an approvable action somewhere in here, Alternative B3 seeming to be the suggested solution to that question. Chairperson Cornell asked for clarification on Page 3, Item 2d, it mentions Alternative B1, B2, B4, and B5. Director of Planning Kanter stated that those Alternatives are in the Draft EIS, and were determined up front that they would not be reasonable alternatives and should not be pursued with further visual studies. Chairperson Cornell asked if there was a comparison between the proposed action and Alternative B3. f Planning Board Minutes 18 January 9, 1996 ADOPTED April 2, 1996 It was pointed out by a member of the Board that on Page 3, Item A, had the comparison that Chairperson Cornell was referring to, as well as the top of Page 5. Board Member Herbert Finch stated that he disagreed with Finding IV.A.3 on Page 5, which deals with the overlook extension, as stated in this Draft of the Findings Statement. Mr. Finch stated that at some point he will be prepared to either offer an amendment to this section, depending on how changes are preferred to be handled. Chairperson Cornell asked that Mr. Finch explain why he disagrees with the above -noted section of the Findings Statement. Board Member Finch stated that it recommends extending the overlook and he does not feel that it would help. Mr. Finch stated that his reading of the FEIS did not prove to him that it would help enough to justify the cost of the movement. Board Member Bell stated that he does not want to ask for any further information, and had been convinced that the higher overlook extension was not a good choice. Board Member James Ainslie stated that he agrees with Mr. Finch. Board Member Fred Wilcox stated that the overlook is slightly unresolved and would need to be further investigated. Board Member Finch stated that he was not opposed to what was already there, but that he is opposed to extending that overlook. Chairperson Cornell stated that was two members of the Board that were opposed to extending the overlook and two Board Members that feel that they need more information. Chairperson Cornell stated that she would need further information before she could make a decision on the extension as well. Chairperson Cornell stated that he Board members should go to the site and take another look at the site and the overlook, and try to determine whether or not they feel that the overlook should be extended. Chairperson Cornell stated that there is the issue of the overlook, and whether or not the Board accepts Alternative B3 to consider while reviewing the -Findings Statement. Attorney Barney stated that the Findings Statement assumes that the Board feels comfortable supporting the Alternative B3. Chairperson Cornell asked if Mr. Finch would be comfortable with Alternative B3. Planning Board Minutes 19 January 9, 1996 ADOPTED April 2, 1996 Board Member Finch stated that he does not wish to commit himself to Alternative B3, at this point. Mr. Finch stated that he thinks it is has an opportunity to be supported, but will not commit at this point. Board Member James Ainslie stated that he is ready to change to Alternative B3 so that Ithacare can move forward. Attorney Barney stated that the Board is under a time limitation, by Law the Board is supposed to have the Findings and the decision filed and done within 30 days. Attorney Barney stated that they received an extension to January 23, 1996, and that staff would need a little bit of time to draft the documentation that the Board needs to vote on on January 23, 1996. If the majority of the Board says, no, we are not interested in Alternative B3, then staff needs guidance, to draft the language that will be approvable by this Board at the next meeting. Chairperson Cornell asked Mr. Finch what would be needed in the Findings Statement to receive his approval. Board Member Finch stated that he is not asking for new information, but that he needs to think about it for a little bit. Mr. Finch stated that the question he has is whether or not Alternative B3 is worth $165,000. Attorney Barney stated that staff needs feedback from Board Members before the next meeting so that they may come to the next meeting with a document that can be approved. Board Member Wilcox stated that he thinks that there is the majority vote for Alternative B3, based on the discussions among members. Board Member Finch stated that if the Board is willing to eliminate Page 5, Paragraph 3 of the visual impact, then he will support Alternative B3. Chairperson Cornell stated that she would agree to that elimination. Chairperson Cornell stated that she is not in favor of extending the overlook, and Mr. Finch is not in favor of extending the overlook. Board Member Ainslie stated that he is not in favor of extending the overlook. Board Member Bell was not certain of his opinion of the overlook and would like to see the site again before making a decision. Board Member Wilcox stated that he would like to see the site Planning Board Minutes 20 January 9, 1996 ADOPTED April 2, 1996 again before making a decision. Attorney Barney stated that he feels that the staff has received the information needed, and will prepare something for the Board to consider at the next meeting. Chairperson Cornell declared the matter of the Draft Findings Statement for the proposed Ithacare Facility to be duly closed. OTHER BUSINESS. Attorney Barney stated that the Board should consider electing a Vice -Chairperson. Board Member James Ainslie nominated Board Member Eva Hoffmann to be the Planning Board Vice -Chairperson for the Year 1996. The nomination was seconded by Fred Wilcox. Chairperson Cornell call for a vote. Aye - Cornell, Ainslie, Finch, Wilcox, Bell. Nay - None. The MOTION was declared to be carried unanimously. ADJOURNMENT. Upon MOTION, Chairperson Cornell declared the Town of Ithaca Planning Board Meeting of January 9, 1996 to be duly closed at 10:00 P.M. DRAFTED: 3/17/96.srh 0 Respectfully submitted, St>G arr Hays, 4Receading Secretary, Town of Ithaca Planning Board. Mary Bryant, Administrative Secretary. I- I IFINAL TOWN OF ITHACA AFFID. TT OF PO TING PUBLICATION I, Mary S. Bryant, being duly sworn, depose and say that I am the Town of Ithaca Planning Board Administrative Secretary, 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 Hearinqs to be 1jeld_hby tjjj ToWnL D Ithaca Plynning _ Board in Town of Ithaca Town Hall, 126 East Seneca Street, Ithaca, New York, on luesjay, January 9, 1926,commencing_apt -,jj30 P.M., as per, attached. Location of Sign Board used for Posting: Bulletin Board, Entrance of Town Hall Date of Posting: December 29, 1995 Date of Publication: January 3 3995 Mary ""S. Bryant, Administrative Secret/ry, Town of Ithaca Planning Board. STATE OF NEW YORK SS.: COUNTY OF TOMPKINS Sworn to and subscribed before me this 3rd day of January 1996. Notary Public. Filenamm Starr\Agendas\PPAFF\PP-1-9-9 !7 1 Nk/ Jb: .: tk-n !T rs = V ECEOVE JAN g 1996 D 5'v ""f -�- 09)(3L� PR, � FINAL