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HomeMy WebLinkAboutPB Minutes 1986-07-15 �F TOWN OF ITHACA PLANNING BOARD JULY 15 , 1986 The Town of Ithaca Planning Board met in regular session on Tuesday, July 15 , 1986 , in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7:30 p.m. PRESENT: Chairman Montgomery May, Robert Kenerson, James Baker, Carolyn Grigorov, David Klein, Virginia Langhans, Susan C. Beeners (Town Planner) , Lawrence P. Fabbroni, P.E. (Town Engineer) , John C. Barney (Town Attorney) , and Frank Snapp (Temporary Secretary) . ALSO PRESENT: Dooley Kiefer, Vivian Lee, Frank Liguori, Neil Weinberg, Margaret Bartell, Allan Venooker, Debra I . Morse-Little, Mary Beth Joseph, Susan Howser, Frank Smithson, Geraldine Fisher, Stephen Parker. Chairman May declared the meeting duly opened at 7: 30 p.m. and a review of the minutes from June 24 and July 8 was conducted with several changes made. Chairman May requested the Town Engineer' s report. LAWRENCE P. FABBRONI , P.E. , PRESENTED THE TOWN ENGINEER'S REPORT. Mr. Fabbroni indicated that Burns Road is about to be approved for the paving of the two segments that have been discussed over the past two years. Mr. Fabbroni said that the work that has been done in the past two years is now showing some success and the State is pleased with what has been accomplished. The Park Lane project is pretty much on hold until a revised understanding can be reached with the Town, NYSEG, and William Frandsen over the higher costs, which none of the three really anticipated. Other projects ongoing are primarily to do with Frank Liguori of the Tompkins County Department of Planning in order to deal with such issues as the hospital circulation/access road which is having finishing touches in design worked on. Mr. Fabbroni also stated that the hospital circulation road would be partially built with some of the funds committed by the Professional Building and the hospital expansion in part approved by the County in the development of this area. Mr. Fabbroni said that there has been a lot of field work done on getting estimates from contractors because final designs have mostly been reached. Planning Board 2 July 15 , 1986 He said that they are well along in doing field work on potential water and sewer extensions for the East Shore and West Shore, the area north of the hospital that collectively takes up Indian Creek Road, Duboise Road, Woolf Lane, Grove Road, and Trumansburg Road. Mr. Fabbroni said that there will be feasibility studies to be done simultaneous with their field work. He said that they will begin repainting the Pine Tree Road and Hungerford Hill tanks starting July 16. Mr. Fabbroni stressed the need for these tanks as backup sources of water in this area. Mr. Fabbroni said that there is a lot of work going on out at the Sewer Plant. He said that the work is nearing completion on the exterior with most of the remaining work to be completed on the inside of the buildings. He said that there also needs to be brickwork completed . The contract that puts the pipe through the golf course is finished and the one that goes through the Lake is now in place and these contracts are completed. Mr. Fabbroni stated that the Town has about 70 per cent completed the terms of a contract concerning metering stations involving the City, Town, and Cornell University. He said that problems have been discovered before and during the course of construction in terms of design of the metering stations. Some of the work on University Avenue had to be done twice due in part to the construction going on at Cornell and also due to some problems in some of the original design work completed in 1980. Mr. Fabbroni said that the heating requirements for the Town Hall are being reviewed. He also stated that there would be work done on the Board room. He said that they have gotten to the point of looking at the whole building to see the age of different parts of the building and what can be expected to happen two years down the line. He said that he has a student working on the overall drainage plan for the Town. Mr. Fabbroni stated that the work for him as Town Engineer and for Susan Beeners as Town Planner has been non-stop since March, therefore, comprehensive considerations concerning the drainage plan for the Town will probably not be forthcoming until fall. Chairman May thanked Mr. Fabbroni for his report. Chairman May asked if anyone had any questions for Mr. Fabbroni concerning his report. There were none. Planning Board 3 July 15 , 1986 BUILDING INSPECTOR'S REPORT A copy of the Report of Building Permits Issued for !LaZ and June, 1986 , (submitted by Lewis D. Cartee, (May, 1986) and submitted by Gary L. Wood, (June, 1986) ) , was before the Board. Chairman May said that the first thing he noticed about the Building Inspector' s Report from Gary Wood, which consisted of the Report of Building Permits issued for June 1986, was about 15 single-family homes. He stated that those numbers seemed like a lot. ItChairman May asked Mrs. Grigorov if she had a report. She said, no Chairman May asked Ms. Beeners if she had a report and if she felt that it was brief enough to open at that moment or more appropriate to approach her report later on in the meeting. SUSAN C. BEENERS PRESENTED THE TOWN PLANNER' S REPORT AS FOLLOWS: Ms. Beeners spoke briefly about a Cornell Student who is her planning aide for the summer. She said her planning aide has been working on occupancy studies in preparation for a Town Board report sometime this summer. She said that her aide has also been looking at industrial sites, existing sites and potential new sites. In the Parks department, there are about nine youths employed at the moment which is, basically, the same number of youths that the Town will have throughout the summer. She said that they are looking forward to building a play structure at Hungerford Heights Park and also to participating in the construction of the Pleasant Grove walkway/bikeway. She is awaiting finalization of construction plans and approval from the Village of Cayuga Heights on the Pleasant Grove project. Chairman May asked if there were any questions for Ms. Beeners. There were none. ADJOURNED PUBLIC HEARING (from May 22 and June 24 , 1986) : CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO THE PROPOSED DESIGNATION OF CERTAIN LANDS OF TOMPKINS COUNTY, ALSO KNOWN AS THE BIGGS COMPLEX, PRESENTLY ZONED RESIDENCE DISTRICT R-30 , AS A SPECIAL LAND USE DISTRICT (LIMITED MIXED USE) , LOCATED AT 1283 AND 1287 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-24-3-2 . 2. TOMPKINS COUNTY, OWNER; FRANK R. LIGUORI, P.E. , TOMPKINS COUNTY COMMISSIONER OF PLANNING, AGENT. AND ADJOURNED PUBLIC HEARING (from May 22 and June 24 , 1986) : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL OF THE PROPOSED SUBDIVISION OF CERTAIN LANDS OF TOMPKINS COUNTY, LOCATED AT 1283 AND 1287 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-24-3-2.2. TOMPKINS COUNTY, OWNER; FRANK R. LIGUORI, P.E. , TOMPKINS COUNTY COMMISSIONER OF PLANNING, AGENT. Planning Board 4 July 15 , 1986 Chairman May declared the Public Hearing in the above-noted matters duly opened at 7: 55 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Liguori was present. Chairman May asked Mr. Liguori to open the meeting with his presentation. The following documents and presentations were before the Board: 1 . A copy of the revised application to the Town of Ithaca by the County of Tompkins to establish a limited-mixed-use special land use district for certain lands and buildings, Biggs Complex, Town of Ithaca. This application was revised May 22; accompanying proposals were revised July, 1986, as signed by, Frank R. Liguori, Commissioner of Planning, dated July 10 , 1986 . 2 . A copy of the Environmental Assessment Form, Part II, was submitted to the Board. 3 . A submittal from Dooley Kiefer, 629 Highland Road, which consisted of the above-mentioned application and EAF form with several inscribed comments for discussion appearing directly on the documents. 4. A presentation from Frank R. Liguori on use of land for parking at the Biggs Complex as well as information presented on the employee parking situation. 5 . A copy of Part II of the Environmental Assessment Form -- Responsibility of Lead Agency -- reviewing project impacts and their magnitude concerning the Biggs Complex. 6 . A copy of the Environmental Assessment Form, Part III -- Reviewer' s Recommendations -- Biggs Complex, Susan C. Beeners, Town Planner, dated July 15 , 1986. Mr. Frank R. Liguori , Tompkins County Commissioner of Planning, opened by stating that since the last meeting he has, in cooperation with Susan Beeners, revised the application forms and the assessment forms pertaining to the reduction of acreage, mentioned in the initial consideration of this hearing, from 47.6 acres to 22.2 acres which now include only that land which is necessary to operate and maintain the two buildings, the old hospital building and the nearby "H" building, which are now being called Biggs Center A and Biggs Center B, respectively. Mr. Liguori stated that they have revised the assessment forms and all the other documents and have submitted these forms to Ms. Beeners. Mr. Liguori said that he has made a reassessment of the parking situation and also stated that his secretary inadvertently omitted a statement on parking, which he said basically indicates that, by their determination, the maximum number of employees next year would be somewhere around three hundred and twenty nine parking employees. Mr. Planning Board 5 July 15 , 1986 Liguori said that there are 341 paved parking spots . He also said that there are 40 unpaved parking spots to handle overflow from the other lots. He has plans to build an additional parking area similar to the one next to the Hospital that has just been constructed by the Hospital Corporation and these additional parking spaces will be added as the need arises. Additionally, as the need arises he will submit plans to the Planning Board for review. The study of the need for additional parking spaces will depend heavily on the amount of use of public transportation, according to Mr. Liguori. Mr. Liguori stated that the Hospital Corporation and the County are committed to provide whatever spaces are needed to meet the needs of the entire complex. Mr. Liguori then finished his report by opening up for questions. Chairman May stated that this was a Public Hearing and asked the floor if there were any questions. Mrs . Dooley Kiefer, of 629 Highland Road, at this point in the meeting presented her copy of the Land Use application and EAF to the Board for review of her comments written on these documents . Chairman May suggested that Ms. Beeners would be the best one to review the comments that Mrs. Kiefer made on the revision. Chairman May thanked Mrs. Kiefer for her submittal. Ms. Beeners and Mr. Fabbroni then began to review Mrs . Kiefer's submittal. Reference was first made as to an acreage that was listed on a short EAF form submitted in October of 1985 , which has nothing to do with the Town. Mr. Liguori stated that the land referred to is a County holding of 100 acres. Mr. Fabbroni stated, as an editorial comment, that this fulfills the obligation as specified and it should be complete as far as we are concerned. Mr. Fabbroni said that at this point it is pending the Town Board review of the EAF. Ms. Beeners said that she had a note questioning whether or not the incubator space for fledgling enterprises is no longer proposed. Ms. Beener' s feeling was that the proposed uses have been revised so that all of them would be permitted under the proposed rezoning with the exception of such uses that might involve assembly of products. For that one exception which would probably require a variance, all other uses would be permitted within the special land use district. Mr. Liguori stated that they were no longer proposing the incubator space because there seems to be a demand for that space for County or County-related uses. Mr. Fabbroni referred to a statement on page four of the revision w "No development of vacant land will be undertaken until a development plan is filed with and approved by the Town of Ithaca. " He said that he thought that statement was included to assure the Town Board that there was no suggestion that such a development within the rezoned area could go on without a site plan approval. He then referred to Mrs. Kiefer' s comment -- "For a SEgR review there must be a Planning Board 6 July 15 , 1986 plan for this vacant land with estimates of size and type (s) of development (more than one scenario is possible) , so that the required EAF analysis* is possible -- *e.g. , " . Mr. Fabbroni, commenting that she does not seem to finish her thought, asked Mr. Liguori if there was anything entertained at this time. Mr. Liguori replied that there was absolutely nothing being planned by the County or by his Planning Board. Mr. Liguori then went on to comment that this is not to say that within a week from July 15 , 1986 they might not get a proposal. Mr. Liguori stated that if a proposal were received it would, "of course, " then be submitted to the Board for approval. Mrs. Langhans asked Mr. Liguori whether he would then have a new EAF anyway --- he replied, "sure. " Mr. Fabbroni suggested going over the comments on the attached EAF form and wondered whether or not Chairman May would lake to do this simultaneously with his review of the same EAF. Chairman May opened discussion of the Environmental Assessment Form of 7/86. Chairman May asked if anyone had any questions or comments on page one. When there was no response, Chairman May then asked Mr. Fabbroni if he would like to go over Mrs . Kiefer' s comments on the 7/86 EAF. Mr. Fabbroni stated that he questioned the accuracy of the information, referring to Mrs. Kiefer's reference to the accuracy of the 'construction dates, in question five on the first page of the EAF. Mr. Fabbroni referred to Mrs. Kiefer' s question of whether or not the asbestos had been completely removed. Mr. Liguori replied that as far as he knew all asbestos has been removed. He said that all asbestos that wasn't needed has been removed. He said that all asbestos around the dishwashing area in the hospital has also been removed and as far as he knows all requirements regarding asbestos have been met. Mr. Liguori also stated that he could not guarantee, however, that all asbestos had been removed. Mr. Fabbroni then asked Mr. Liguori whether the asbestos issue was professionally evaluated -- Mr. Liguori said, "yes. " Chairman May asked if there were anyone who had any questions about the EAF either with or without reference to Mrs. Kiefer's comments. Mr. Fabbroni then referred to Ms. Kiefer' s comment half way down the second page of her copy which asked, "Are no additional roads or parking or paving a part of the land use plan (if any to be added show the figures here) . " Mr. Fabbroni stated that he didn 't know of any roads except for those which they are jointly working on. Mr. Liguori then stated that their next extension to parking would be directly behind the old hospital. Mr. Liguori said this area has been used before as unpaved parking and that it is available for parking now. He said if it is needed in the future, it will be paved. It is adjacent to a new parking area behind the Physicians' Office Building where there are 60 paved parking spaces. Planning Board 7 July 15 , 1986 Mr. Fabbroni referred to the next comment which had to do with the number of buildings proposed in the new land use area. He said that there is some belief that there are additional buildings proposed with this comment. Mrs . Kiefer ' s comment further asserts that if additional buildings were proposed a SEQR analysis would not be possible without estimates . Mr. Fabbroni stated that he didn't think that plans for additional buildings were being made. Mr. Fabbroni referred to Mrs . Kiefer' s question about the Town zoning requirement concerning the number of parking spaces required in question 12 (after asterisk) on page two of the EAF. He said that he wasn't sure that the statement after the asterisk was accurate. He said that he thought what Mr. Liguori was proposing is more accurate in the assessment of needs for parking because there is a lot of dead square footage which is hard to account for, therefore, in a sense, you are almost weighing the requirement with an understanding of what Mr. Liguori has presented. Mr. Fabbroni reiterated Mrs . Kiefer' s questions as follows: "Are any hazardous or toxic materials other than asbestos to be disposed of? Are any hazardous or toxic or flammable materials to be used? (e.g. , in proposed R + D or assembly or lab uses?) Are light electronic units 016) the only contemplated light industrial products?" Mr. Liguori said that he is not proposing any light industrial operations. Mr. Liguori said that toxic materials will be used in cleaning agents . He also said that these materials would be washed down the pipes to be disposed of. He said that he knows of no unusual toxic materials that would be used outside of those used in an average office building. Mr. Fabbroni reminded Mr. Liguori of the Sewer Use Law which controls the strength/toxicity of any substance flushed down the drain and that substance ' s effects upon the environment. Mr. Liguori offered that there is possibly an exception to that law in the case of light laboratory usage. Chairman May asked whether or not anyone had any questions on the above referred to issues. Mr. Fabbroni said that the comments on page three of Mrs . Kiefer' s copy of the EAF seemed to be editorial, judgmental to the facts, and that the comments should be taken at face value. For instance, her referral to negotiations not materializing, in question 17 , as not being true is probably erroneous even though negotiations occurred over a period of several years. Mr. Fabbroni then read the following comment by Mrs . Kiefer: "The County has been taken to Court in a SEQR complaint dealing with the February, 1986 , decision to move out of the City. No ruling yet. " He then said that there is controversial litigation which has been pretty well published. Chairman May said that almost everyone is aware that there is litigation going on. He then asked if there was anything else that needed to be addressed. Mr. Fabbroni said that Mrs . Kiefer ' s comments on Indian Creek really had nothing to do with the area in question. Planning Board B July 15 , 1986 Chairman May asked the Board members if they had any other questions. He also reiterated that this was a Public Hearing and asked if anyone on the floor had any questions. Referring to Mrs. Kiefer' s comment on question 43 of the EAF, Mr. Fabbroni said that if there is a substantive difference in the impact of use other than what has been generally indicated in association with light assembly, research, and so on, then it' s something that should be brought before the Board of Appeals anyway. He also stated that at this point the question is too speculative to be approached realistically. Miss Beeners said that, in addition to what Mr. Fabbroni stated, there was a statement which prefaced what was in question 43 , that stated that no uses with such hazards would be permitted. Mr. Fabbroni referred to the comment on question #53 , "It is not anticipated that the use of the Biggs Center for County government and private sector uses will spur significant growth or have significant impact on the West Hill community. If any significant growth were to occur, the existing complexes which are greater than what is proposed with the occupancy of primarily the Biggs Center Building A, would have already been provided for. . . . " He then read further in comment #53 -- "However, as a result of moving several County departments to the Biggs Center and renting a portion of the building for research/development, business or commercial ventures, the Biggs Center will become active and have some limited environmental impact on the area. . . . " Mr. Fabbroni asked Mr. Liguori what the sentence in question meant. Mr. Liguori replied that an associate of his (Harry Missirian) wrote the sentence. Mr. Liguori stated that it was not his intention to promote new growth because they have some County offices up there. Mr. Liguori paraphrased his associate' s sentence by saying that his associate meant to say that if new growth were going to have occurred, it would have already. Mr. Liguori said that public transportation would provide better access to the facility. Mr. Fabbroni referred to the comments in #53 concerning traffic. He answered a question about AADT (averaged annual daily trips) by saying that the traffic was "two way. " Mr. Fabbroni went on to address Mrs . Kiefer ' s concern over the enforcement of the Uniform Building Code. Mr. Fabbroni said that the Town does not require a State building permit for a building owned by the County. He also said that, theoretically and as a matter of fact, the County issues their own building permit and does their own construction from the standpoint of the Uniform Building Code because they own the building. Chairman May asked that the Minutes show that Mrs . Kiefer' s concerns had been reviewed by the Board. Chairman May then asked if the Board had any questions. He also asked if the public had any questions. Chairman May closed the Public Hearing at 8 :45 p.m. Planning Board 9 July 15 , 1985 Frank Smithson, Attorney for Tompkins Community Daycare Service, asked whose proposal was being currently considered by the Board. Chairman May replied that the proposal was a County proposal for a Mixed Land Use. Chairman May asked if anyone would like to make a Motion. Ms. Beeners requested that consideration be given to a couple of corrections needed on the Environmental Assessment Form. First, referring to number 12, having to do with parking, on page two of the EAF, she requested that the asterisked statement, "326 divided by 3 spaces" , be deleted. Chairman May asked if Ms. Beeners requested deletion because the material in question was incorrect -- she said, "yes . " Chairman May asked Mr. Liguori whether or not he would accept the change and Mr. Liguori replied that he would. The second concern had to do with her research of the Lake Shore West proposal described in number 17. They had applied for limited mixed use and received preliminary approval for multiple residence district. Mr. Fabbroni commented that a rezoning change never got to the last step of final approval. It was decided that the word "Preliminary" would be added to line four of number 17 of the EAF between the words "received" and "approval" . The word "Zone" was also struck from the beginning of line five. Chairman May asked Mr. Liguori if he would accept the changes. Mr. Liguori replied, "yes. " Mr. Fabbroni said that a Light Industrial use would have to be worked out using variances somehow. Ms. Beeners referred to a concern she had on number 46 of the EAF regarding the minimum number of 250 (for up to five years) and maximum number of 400 employees going from short-range to long-range. She asked if 329 would be a more appropriate number for the short-range projection as they had discussed at the outset of the meeting. Mr. Liguori reasoned that there is talk about a Cooperative Extension office, EOC, a nutrition center, and he can 't predict which of these are going to be approved of. He then said that trying to project a definite number now, in his opinion, does not make a bit of difference. Mr. Barney said to Mr. Liguori that he wouldn't want a comment like that to come back and haunt him. Mr. Liguori said he would like to see the figure for employees be higher than at the low end. Mr. Barney went on to say that it would be better to stay at the high end of the estimate. Mrs. Grigorov asked why distinguish between long-range and short-range proposed numbers. Chairman May suggested taking out the short-range estimate. Chairman May asked Ms. Beeners if the proposed change was acceptable to her. She accepted the change. Ms. Beeners had a question on the permit page, under the heading, County of Tompkins, where she felt that on the line labeled "Other" there was an omission of the statement "County Building Permits. " Mr. Fabbroni then asked Mr. Liguori whether or not the County accepts the Building Code. Mr. Liguori replied, "yes. " Planning Board 10 July 15 , 1986 Chairman May asked if anyone wanted to make a Motion. Chairman May asked what area was specifically under consideration pertaining to planned access road construction under the draft resolution presently before the Board. Mr. Fabbroni stated that, as he described in his report, from where the private construction ends to approximately the southeast corner of Parcel P-3, as you see it on the map, is new construction, and, what is proposed, as part of this resolution, is what the County has committed itself to in order to improve the circulation that would go from approximately the halfway point of P-4 where station 10+00 would resume. The intention is to connect that terminus to the existing driveway that comes in from Indian Creek Road and goes to about the southeast corner of P-3. Mr. Fabbroni then referred to the lack of paving with the road in question. Mr. Liguori said that this may be done in phases. Mr. Fabbroni then stated that the Board has not had a chance to look into the finer details of this subject. Mr. Fabbroni, suggested that one of the reasons for doing the paving in one phase is that there are wooded landscape features that need to be preserved at the site. Chairman May asked if this needed to be done as well to open up the parking places for the new professional building next to the hospital. Mr. Fabbroni replied that this would be irrespective of what Chairman May was looking at. He said that this would happen with the construction up to 10+00 . Mr. Fabbroni said another of the considerations is that there be an uninterrupted Town highway from Rt . 96 to the Indian Creek Road, and that, what this problem actually comes down to is the quibbling over not much more than 100 feet of roadway. Mr. Liguori replied that this matter would be taken care of now during the early stages of the project. He said that the important thing is to make the new road function and all the County has to do is bring it back to the existing road at some key point of access, such as, the front entrance to the old hospital. Mr. Fabbroni said that the date for completion of this phase is August, 1987 . Mr. Liguori said that they haven't worked out the agreement to go all the way to the Indian Creek Road yet. Mrs. Grigorov suggested that maybe Mr. Liguori should seek to extend the date of completion on the access road in question. Chairman May suggested that Mr. Fabbroni would like the date of completion left as is. Mr. Fabbroni replied that all negotiations before on this issue gave the clear impression of there being no problem and that "all of a sudden" there is now a problem. He said that the way he feels about it is that it makes it easier for Mr. Liguori to go back and tell the County that they have to do it, rather than to have nothing in there and still be "walking on water. " Chairman May asked if anyone wanted to make a Motion. Mrs. Langhans responded. Chairman May asked that she read the "Resolved" portion. Mrs . Virginia Langhans MOVED the Draft Resolution. Mr. Barney suggested that to clarify paragraph l .a. he would add, after the word "requirements", the phrase, "relating to any proposed use, " . Planning Board 11 July 15 , 1986 Mr. Fabbroni said that you could also say "except as otherwise specified by this amendment or . . . " . Mr. Fabbroni asked Mr. Liguori whether or not they obtained a variance on the old hospital --- Building C wing and Building D wing, eliminated? Mr. Liguori replied that they had. Mr. Fabbroni said that there is an existing variance on one of the property lines. Mr. Barney said that once that variance is granted then it would still pertain. Chairman May asked if there were any questions on the revised draft resolution. Mr. Barney read his suggested modifications of paragraph "a. " at the bottom half of page two of the draft resolution. Mrs . Langhans asked that Mr. Barney read paragraph "1 .a. " at the bottom half of page two of the draft resolution, including the suggested modifications. Mr. Barney read the paragraph. Chairman May asked if the modifications were understood and accepted. They were accepted. Mr. Barney asked if a condition should be made which addressed the issue of construction on vacant land as an additional paragraph. Mr. Liguori brought up the point that the County has the right to put up a new building but would need to present plans for approval. Mr. Barney read the paragraph that he proposed as an addition to the resolution on rezoning. Mr. Liguori stated at this point that he has no right to give away County rights. Mr. Barney said that the two additions at the end of the rezoning resolution would mean that if plan approval for new construction was not pursued then construction could not begin, or, the Town could bring suit if it were. Mr. Barney then suggested that the word "if" be inserted on the third line down in the last paragraph on page two of the resolution for rezoning. He then read the paragraph for clarity. Ms. Beeners asked if something could be added, such as, "that the adequacy of parking shall be reviewed on an annual basis. " She explained that in the zoning ordinance there are certain parking requirements and it is her opinion that what is proposed by the County, which is generally a one space employee, is appropriate. She said that there is bus service. She said that when you take into consideration the parking requirements that pertain to the special land use district and those are applied it becomes rather prohibitive to even consider those parking requirements. For instance, under one of these requirements there could be 870 parking spaces. She also stated that the adequacy of the parking should be reviewed annually by the Town Building Inspector. All three of the amendments to the Draft Resolution were accepted by the Board. Planning Board 12 July 15 , 1986 Mr. James Baker SECONDED the MOTION which is hereinafter set forth. WHEREAS: 1 . This project is a proposal for the rezoning of 22.2 acres of the lands of Tompkins County, also known as the Biggs Complex, presently zoned Residence District R-30 , as a Special Land Use District (Limited Mixed Use) , located at 1283 and 1287 Trumansburg Road, Town of Ithaca Tax Parcel No. 6-24-3-2 . 2. 2 . This project is a Type I action for which the Town Board has been legislatively determined to act as Lead Agency for environmental review. 3 . The Planning Board has reviewed this project at Public Hearings on May 22 , 1986 , as adjourned to June 24 and July 15 , 1986 . 4 . The Planning Board on July 15, 1986 has reviewed a revised proposal and SEAR Long Environmental Assessment Form for the project, and recommends to the Town Board, based on these submittals and other documentation, that information be considered complete for the environmental review of the project, and that the site plan for the project be considered not to have a significant adverse impact on the environment. 5 . The Planning Board has found that: a. There is a need for the proposed use in the proposed location in order to adaptively reuse the former Biggs Memorial Hospital Complex in a manner that serves the community. The proposed mixture of land uses, if limited to those compatible to a mixed use situation, will complement existing non-agricultural uses such as professional offices, health care, day care, and education. Such limited mixed land uses will serve adjacent residential neighborhoods as well as the general Ithaca area. h . The existing and probable future character of the neighborhood will not be adversely affected. The proposal as presented does not represent a substantial change in use. Existing and planned transportation facilities are adequate to serve the proposed use. The campus setting with its interior road system contains the site complex and is compatible with adjacent lands. Any development of vacant land would be subject to further review for its consistency with neighborhood character. c . The proposed change is in accordance with a comprehensive plan of development of the Town. The proposal conforms to applicable zoning requirements . The proposal has been preceded by similar approvals and development which have proven compatible with existing land use and neighborhood character. The limited mixed use plan has been submitted by Planning Board 13 July 15 , 1986 the County as specified in an earlier variance condition for the leasing of professional office space in the site complex. THEREFORE, IT IS RESOLVED: 1 . That the Planning Board recommend and hereby does recommend approval of the general site plan for the proposed District. 2. That the Planning Board recommend and hereby does recommend to the Town Board that the Town Board resolve to amend the Zoning Ordinance of the Town of Ithaca to add to the list of permitted Districts a Special Land Use District (Limited Mixed Use) , such District consisting of 22.2 acres of the lands of Tompkins County, also known as the Biggs Complex, 1283 and 1287 Trumansburg Road, Town of Ithaca Tax Parcel No. 6-24-3-2.2, as described in the project submittals reviewed by the Planning Board on July 15, 1986 , including a site plan adapted from "Subdivision Map of Lands of the County of Tompkins, Route 96 , Trumansburg Road, Town of Ithaca" , T.G. Miller Associates, August 1 , 1984 , amended April 24, 1985 , and with the proposed District to include the parcels identified on this map as P3 , P4 , P6 , P7A, PBA, and P9 . FURTHER, IT IS RESOLVED.- 1 . ESOLVED:1 . That the Planning Board recommend and hereby does recommend to the Town Board the following as conditions to the above approvals: a. That the underlying zoning designation of the land shall be changed from Residence District R-30 to Special Land Use District (Limited Mixed Use) , and all yard, lot, and area requirements relating to any proposed use, except as heretofore modified or otherwise modified by this resolution, shall pertain. b. That uses permitted in this Special Land Use District shall be as permitted in Local Law No. 2 , 1984 , such being any use permitted in a residential or agricultural district and in Business Districts A, B, and E, and with all uses that propose to involve product assembly to be subject to application for a variance of Local Law No. 2, 1984 to allow such a use. That specific uses , renovation, and construction must comply with all applicable laws , codes , ordinances, rules, and regulations. That no uses will be allowed if they produce offensive noise, odors, smoke, fumes, vibration, glare, electronic interference, radiation, or if the use of substances or devices may cause harm due to their hazardous nature. C. That the new access roadway be built by Tompkins County by August, 1987 from station 10+00 west of and through parcel P4 to connect to the two-way driveway presently extending from the southeast corner of parcel P3 to Indian Creek Road according to a mutually agreeable location and specifications acceptable to the Town, and that utility easements to serve Planning Board 14 July 15 , 1986 properties to the north and west of County lands be granted for water and sewer extensions from existing on-site utility locations and more specifically to the former Gilcher property and to Indian Creek Road. d. That no new construction on any existing vacant land shall occur without receiving appropriate site plan approval from the Planning Board and/or Town Board. e. That if the parking as set forth in the general site plan proves inadequate, the Developer will provide such additional spaces as may be required by the Planning Board up to the maximum required by the applicable ordinance. There being no further discussion, the Chair called for a vote. Aye - May, Kenerson, Baker, Grigorov, Klein, Langhans. Nay - None. The MOTION was declared to be carried unanimously. Chairman May now opened discussion on the second of the two Adjourned Public Hearings. ADJOURNED PUBLIC HEARING (FROM MAY 22 AND JUNE 24 , 1986) -- CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL OF THE PROPOSED SUBDIVISION OF CERTAIN LANDS OF TOMPKINS COUNTY, LOCATED AT 1283 AND 1287 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-24-3-2 .2. TOMPKINS COUNTY, OWNER; FRANK R. LIGUORI, P .E. , TOMPKINS COUNTY COMMISSIONER OF PLANNING, AGENT. The following documents were before the Board: 1 . Short Environmental Assessment Form. 2 . "Subdivision Map of Lands of the County of Tompkins, N.Y.S. Route 96" , dated August 1 , 1984 , amended April 24 , 1985 , by T. G. Miller Associates. Chairman May asked the Board and floor if there were any comments or questions on the Public Hearing issue. There were none. The Planning Board discussed with Mr. Liguori the pertinence of discussing subdividing if he were not planning on selling land or buildings right away on the land in question. Chairman May asked if the Board would like to vote on withdrawal of the above-noted Adjourned Public Hearing, and Mr. Liguori was asked whether he would accept this action. He did. THE WHOLE DRAFT RESOLUTION PERTAINING TO SUBDIVISION WAS VOTED UNANIMOUSLY WITHDRAWN. Mr. Liguori introduced both the West Hill Daycare Center' s and Planning Board 15 July 15 , 1986 the Tompkins Community Daycare Services ' proposals. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO REQUEST FOR SPECIAL APPROVAL OF A NURSERY SCHOOL USE, PURSUANT TO ARTICLE V, SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE, FOR THE LOCATION OF THE WEST HILL DAY CARE CENTER ON THE GROUND FLOOR OF BIGGS CENTER, BUILDING B ("H" BUILDING) , AT 1287 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-24-3-2 .2. COUNTY OF TOMPKINS , OWNER; FRANK R. LIGUORI, P.E. , COMMISSIONER OF PLANNING, AGENT. AND ALSO PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO THE TOMPKINS COMMUNITY DAY CARE SERVICE (LOCATED IN THE FORMER BIGGS MEMORIAL HOSPITAL PHYSICIANS ' RESIDENCE) REQUEST FOR REVIEW OF A SPECIAL APPROVAL GRANTED AUGUST 22 , 1984 , FOR A NURSERY SCHOOL USE, PURSUANT TO ARTICLE V, SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF ITHACA ZONING ORDINANCE, AND, REVIEW OF THE PROPOSED EXPANSION OF SAID FACILITY. 1285 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6-24-3-2.1 . TOMPKINS COMMUNITY HOSPITAL, OWNER; GERRI FISHER, AGENT. Chairman May declared the Public Hearings in the above-noted matters duly opened at 9 :15 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. The following documents were submitted for West Hill Day Care Center: 1 . Copy of Needs Assessment For Daycare in Tompkins County. The form shows census figures of women with children in different age categories and shows percentages of children living in single family homes and gives information on the amount of spaces available to various age groups of children and infants . The form also attempts to make correlations between the number of referral calls related to daycare in Ithaca and surrounding areas. 2 . Copy of the Short Environmental Assessment Form as completed, signed, and submitted by Mary G. Call, Chairman, Tompkins County Board of Representatives, under date of July 8 , 1986 (Part I , 1 page) , and as reviewed by the Town Planner, Susan C. Beeners, (Part II, 1 page on reverse of Part I) , under date of July 10 , 1986 . 3 . Copy of the APPEAL to the Building Inspector and Zoning Board of Appeals of the Town of Ithaca. Also attached is a reduced copy of Site Plan for Biggs Center, which includes the Site Plan for Building B. 4. Draft Resolution with respect to a recommendation to the Zoning Board of Appeals. The following documents were submitted for Tompkins Community Day Planning Board 16 July 15 , 1985 Care Service: 1. Copy of the APPEAL to the Building Inspector and Zoning Board of Appeals of the Town of Ithaca. A copy of a reduced Site Plan is attached. 2 . Copy of the Short Environmental Assessment Form as completed, signed, and submitted by Geraldine Fisher, under date of July 7, 1985 , (Part I, Page 1) , and as reviewed by the Town Planner, Susan C. Beeners, (Part II, 1 page on reverse of Part I) , under date of July 10, 1986 . 3 . Copy of the Code Enforcement Officer's Report, completed and signed by Gary L. Wood, Town of Ithaca Building Inspector/CEO, dated July 3 , 1986 . 4 . Copy of the Minutes of the Town of Ithaca Zoning Board of Appeals Meeting of August 22 , 1984 , concerning an Adjourned Appeal (from July 25, 1984) of Tompkins Community Day Care Service, Inc. , Appellant, William Tucker Dean, Esq . , as Agent, in re permission to operate a "Family Day Care Center" at 1285 Trumansburg Road . Tompkins Community Day Care Service ' s attorney, Frank Smithson, had a concern about the financial outlook of both daycare facilities should the proposed expansion of West Hill Daycare Center occur. Mr. Liguori expressed a desire for cooperation in reaching an agreement between the two facilities. Mr. Barney asked what the number of children to be serviced was. Mr. Liguori said that West Hill Daycare Center cannot expand in its current facilities. Mary Beth Joseph and her assistant, of West Hill Daycare Center, illustrated the non-redundancy of the groups that both they and Tompkins Community Daycare Service provide care for. Only West Hill Daycare Center provides care for infants and there is a waiting list with 15 - 20 children listed. They currently provide 24 children with daycare services. West Hill Daycare Center would also like to provide more spaces for children and infants listed as follows: 18 spots for 3 yrs.+, 10 spots for toddlers, and 12 spots for infants. Tompkins Community Daycare Service currently provides daycare for 12 -- 13 children and no infants. Tompkins Community Daycare Service would like to care for 22 more children -- they already have 15 on a waiting list. The following table will help to clarify the question of community need for the expansion of both facilities : TCDCS WHDC TOTALS No. of children already cared for 13 24 37 No. of children wanted for expansion 22 34 56 (non-infant) Actual waiting list figures 15 20 35 Planning Board 17 July 15 , 1986 No. of children wanted above the number of children on waiting lasts 21 Gerri Fisher requested an extension and expansion. Allan Venooker, Vice President of West Hill Daycare Center, made a verbal presentation reiterating everything that was in the submittal from WHDC. He stressed the validity of the Center' s findings. Through discussion with staff from both facilities and review of the submittal from West Hill Day Care Center, the Board came to the general opinion that there is a need for both facilities; both serve not only local but also area needs. Chairman May asked if there were anyone from the public who wished to speak to the matters of the daycare expansions. No one spoke. Chairman May closed the the Public Hearings at 9: 55 p.m. Chairman May asked if anyone would like to make a Motion. MOTIONS by Mrs . Carolyn Grigorov, seconded by Robert Kenerson: WHEREAS: 1 . This action is a request for Special Approval of a Nursery School Use, pursuant to Article V, Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance, for the location of the West Hill Day Care Center on the ground floor of Biggs Center, Building B ("H" Building) , at 1287 Trumansburg Road, Town of Ithaca Tax Parcel No. 6--24-3-2.2 , County of Tompkins, Owner. 2 . This project is an Unlisted Action for which the Zoning Board of Appeals has been legislatively determined to act as Lead Agency. New York State Department of Social Services is a potentially involved agency which is to be notified of any determination. 3 . The following materials have been included in the review of this project by the Planning Board at a Public Hearing on July 15 , 1986 : a. "Site Plan, Biggs Complex" (Excerpt) ; b. "Biggs Complex, Building B, Ground Floor, Tompkins County Planning Department, January, 1986"; C. Short Environmental Assessment Form dated July 8 , 1986; d. Application to the Zoning Board of Appeals dated July 3, 1986 . 4 . A negative declaration of environmental significance has been recommended by the Town Planner conditioned upon the following: the compliance of the facility with all necessary codes and regulations. 5. The Planning Board finds that there is a need for the proposed use in this location on the grounds that: Planning Board 1B July 15 , 1986 a. day care centers fulfill a community need as demonstrated by the area demand for such; b. such a facility would complement existing and potential land uses on West Hill. 6 . The Planning Board finds that the existing and probable future character of the neighborhood will not be adversely affected on the grounds that: a. the facility would be located in an existing building that was originally constructed for institutional use, and, subject to code compliance, is suitable for the proposed use; b. the facility would be located in a campus-like setting which is suitable for the proposed use. 7 . The Planning Board finds that the proposed use is in accordance with a comprehensive plan of development of the Town on the grounds that: a. project is consistent with zoning regulations; b. project would make adaptive reuse of building space; C . project would assist in filling a community need for day care. THEREFORE, IT IS RESOLVED: That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative declaration of environmental significance be made and that the application for Special Approval be granted, conditioned upon the following: the compliance of the facility with all necessary codes and regulations. AND ALSO WHEREAS: 1 . This action is a request for Review of a Special Approval granted to the Tompkins Community Day Care Service on August 22, 1984 , for a Nursery School Use, pursuant to Article V, Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance, and, for Review of the proposed expansion of said facility. Said facility is located in the former Bigg' s Memorial Hospital Physicians' Residence, 1285 Trumansburg Road, Town of Ithaca Tax Parcel No. 6-24-3-2.1 , Tompkins Community Hospital, Owner. 2. This project is an Unlisted Action for which the Zoning Board of Appeals has been legislatively determined to act as Lead Agency. New York State Department of Social Services is a potentially involved agency which is to be notified of any determination. 3 . The following materials have been included in the review of this project by the Planning Board at a Public Hearing on July 15 , 19 86 : Planning Board 19 July 15 , 1986 a. Short Environmental Assessment Form, July 7, 1986 ; b. Application to the Zoning Board of Appeals, July 7, 1986 ; C. Site plan (undated) . 4 . A negative declaration of environmental significance has been recommended by the Town Planner conditioned upon the following: the compliance of the facility with all necessary codes and regulations. 5 . The Planning Board finds that there is a need for the proposed use in this location on the grounds that: a. day care centers fulfill a community need as demonstrated by the area demand for such. Since its initial approval , the facility has proven to assist in filling this need. b. such a facility, as expanded, would complement existing and potential land uses on West Hill . 6 _ The Planning Board finds that the existing and probable future character of the neighborhood will not be adversely affected on the grounds that: a. the building, subject to code compliance, is suitable for the proposed use; b. the facility is located in a campus--like setting which is suitable for the proposed use. 7 . The Planning Board finds that the proposed use is in accordance with a comprehensive plan of development on the grounds that: a. project is consistent with zoning regulations; b. facility has proven to, and as expanded would, assist in filling a community need for day care. THEREFORE, IT IS RESOLVED: That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative declaration of environmental significance be made and that the application for continuance of the Special Approval and expansion of the nursery school as presented be granted, conditioned upon the following: the compliance of the facility with all necessary codes and regulations . There being no further discussion, the Chair called for a vote. Aye - May, Grigorov, Klein, Langhans, Baker, Kenerson. Nay - None. The MOTIONS were declared to be carried unanimously. Chairman May declared the matters of the Recommendations in re West Hill Daycare Center and Tompkins Community Day Care Service duly closed at 10 :00 p.m. Planning Board 20 July 15 , 1985 The Board briefly discussed what some of the topics of the August 5th Planning Board Meeting would center on. ADJOURNMENT Upon Motion, Chairman May declared the July 15, 1986 , meeting of the Town of Ithaca Planning Board duly adjourned at 10:05 p.m. Respectfully submitted, Frank Snapp, Temporary Secretary, Town of Ithaca Planning Board. 0