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HomeMy WebLinkAboutTB Minutes 1973-02-26T6w1I op ITHACA ADJOBBNED BOARD MEEJriNO February 26, 1973 1 At an Adjourned Meeting of the Town Board of the Town of.Ithaca, Tompkins County, New York, held At the Town of Ithaca Offices at 108 East Green Street, Ithaca, New York, on the 26th day of February, 1973> at 5:00 p.m., there weipe ^ PRESENT: Waiter J. Schwan, Supervisor Noel'Ceschi Councilman Robert Ni Powers, Councilman \ ' ABSENT: Andrew W. McElwee, Councilman Victor Del Rosso, Councilman ALSO PRESENT: Mfs. Bartpara Holcomb, Chairman, Planning Board Barnes v. Buyoucos, Town Attorney Norbert $chickei, Schickel Environmental Deveiopment Company rfbhn W. MacDonald, Attorney David Smith, Realtor Robert M. Chase, President, East Ithaca Town Association Arthur L. Berkey, 120 Christopher Circle Radio, TV, and Press The meeting was called to order at 5:10 p.m. EASTWOOD COMMONS - PROPOSED REZONING ON HONNESS LANE - SCHICKEL ENVIRONMENTAL DEVEIiOPMENT COMPANY The Board reviewed, page by page, a prepared resolution with respect to this proposal. There was particular discussion of the meaning of a "family" (see page 7^ paragraph 6(a) of the resolution). The Board wanted to guard against the possibility of the units being occupied by too many persons since the people in the area are much concerned about the density of this development. Mr. Schickel said his position has consistently been that the pro posed development is essentially a single family home concept, and would, in general, be occupied on the average by three persons. He felt it should be treated as a single family home, and the regula tions should not be more restrictive than for any other single family home in the Town. He wanted to be able to tell his prospective buy ers that they would be treated like any other single family home in the Town of Ithaca. There was considerable discussion and concern over various occupancy arrangements which might produce occupancy by more persons than the average of three estimated by Mr. Schickel — that is, people buying a unit and renting to many other unrelated persons, people buying a whole building (4 units) and renting to an unusual number of persons, people going a Sabbatic and renting to many others. Mr. Schickel said he is committed to selling to owner occupants and that the financing is predicated on selling to such owner occupants. He would not sell a whole building (4 units) to any one person. Council- man Powers wondered if Mr. Schickel could legally refuse to sell to ( anyone. Mr. Buyoucos said he could. Councilman Desch was concerned that all the drainage should not be put in first, that is, that the soil cover for the total site area might be scalped off. Attorney Buyoucos quoted from page 5^ para graph D(l) as follows; "A plan for the drainage of the rezoned area and the Eastwood Commons development, in general, shall be approved by the Town Board in accordance with regulations to be adopted by the Town Board or in accordance with any requirements contained in any resolution approving the final site plan. Drainage plans, in such detail as may be required by the Town, will be submitted for - 2 - February 26, 1973 each phase, prior to construction. Such drainage plans shlall in clude drainage improvements both on the rezoned ; parcel and ou]tside the boundaries of said parcel and shall include'such dirainage ilri- provements as may be required to correct drainage problems which may occur after the construction on the site has either been com menced or completed. The final site plan shall not be approved and no approval shall be endorsed upon any subdivision map of this development unless such drainage plan has been approved as aforesaid, No building permit shall be issued for the construction of any dwel ling units unless all required drainage has be^n constructed or planned to the satisfaction of the Town Boards The applicant, shall, at his own expense, obtain all easements required fof such drainage plan," Mr. Buyoucos asked Mr, Desch if he saw any'hole in that language, Mr. Desch said that wording seemed adequate but that he would be more comfortable with additional Wording which would indi— cate that no excavation will be carried bn outside of the approved limits of construction for the particular phase being submitted for approval. He wanted to be sure that Mr, Schickel has given hard thought to protecting the areas not immediately being built upon. Mr. Buyoucos said it might be difficult to anticipate all the possi bilities and for that reason the Town Board needed to have close follow-up on the site. Somebody should be there to watch what is going on^ Supervisor Schwan said Mr. Kroohs, Town Engineer-Planner, could do that and that is one of the reasons why he was hired, Councilmain Desch said that when it comes time to approve the final plans these are concerns we should keep in mind, these and other en gineering considerations, Mr, Buyoucos and Mr. Desch agreed that in respect to this resolution and other resolutions of this type we should have engineering in-put in the preparation. MrS, Holcomb indicated that the Planning Board will make a formal recommendation with respect to the improvement of Honness Lane, Mri Arthur L. Berkey wondered if the Planning Board's recommendations with respect to the improvement of Honness Lane would be a part of the resolution under consideration. It was the consensus of the Board that the recommendations for the improvement of Honness Lane should be in the fom of a separate resolution, since it is contem plated that this work will be done regardless of whether the Eastwood Commons development is approved or not. Mr, Chase, President of the East Ithaca Town Association, said he wanted to express once again the concern of the East Ithaca Town Association that the density is in their opinion higher than is reasonable. He said they estimated there would be some 500 to 600 cars in the area and that many cars are inappropriate for a single road. He said they hoped the drainage problem would be effectively dealt with. He quoted, "Those who do not learn from the lessons of history are doomed to repeat them," He hoped that the Planning Board and the Town Board had learned from the lessons of history. He said they still felt the problems of access and density in this subdivision had not been dealt with and they did not feel that a 4.3^ reduction in the density under the revised plan was very substantial and he wanted the Board to consider the concerns of the area in that regard. Supervisor Schwan thanked Mr. Chase for his statement and commented that multiplying people by cars is an uncertain business and there are many variables. Assuming the number of 500 or 600 cars to be accurate it still remains a fact that all the cars are not moving at the same time. In a two car family one may be used for trans portation to work and the other may not move for days at a time. Supervisor Schwan asked if anyone else wished to be heard. Since no one else asked to be heard the Board took the following action: Motion by Councilman Desch; seconded by Councilman Powers, (See resolution on the following pages.) - 3 - February 26, 1973 The Board was polled as follows: Coxmcilman Powers • . . • Aye Councilman Desch . . . , Aye Supervisor Schwan . . • . Aye . ^ The resolution was thereupon duly adopted. Supervisor Schwan Indicated he had Information from Councilman Del Rosso, that had he been at the meeting he would have voted "Aye". IMPROVEtoSlffr OF HOMESS LARE^gLATERVILLE ROAD lOTERSECTION Mrs. Holcomb suggested that a letter be written to the Department of Transportation requesting that they do soinethlng to Increase the sight distance to, the left at the Intersection of Honness Lane and Slatervllle Road (coming down Honness Lane). The Supervisor said he would write a letter. Mrs. Holcomb reported that Planning Board would present formal recommendations regarding the Improvement of Honness Lane at the regular toeetlng of the BoArd on March 12, 1973- ABJOUkNMENT The meeting was adjourned at 6:10 p.m. Edward L. Bergen Town Clerk RESOLUTION ESTAEDISHING MULTIPLE RESIDENCE DISTRICT AND A CLUSTER DEVELOPMENT THEI^IN ON PROPERTY OP SCHICKEL ENVIRORMENTAL DEVELOP MENT COMPANY ON HONNESS LANE, TOWN OP ITHACA, NEW YORK WHEREAS^ application was made to the Town of Ithaca Planning Board on November l4, 1972 by Schickel Environmental Development Company, requesting the establishment of a Multiple Residence Distridt on a parcel of land comprising about 18.9 acres of land on Honness Lane (hereinafter referred to sometimes as Eastwood Commons subdivision). Tax Parcel 60-1-25.2, owned by Enos A. Pyle, which will require a change from an R-15 Residential Zoning District to a Multiple Residence District, for the purpose of constructing a cluster development of 176 units, said parcel being bounded and described in Schedule A, annexed hereto, and WHEREAS, the Planhing Board of the Town of Ithaca duly held a public hearing upon such application on the 12th day of December, 1972, following the due and timely posting and publica tion of notice thereof in the Ithaca Journal on the 7th day of December, 1972, and the Planning Board at a meeting duly held on January 2, 1973 having adopted a resolution recommending to the Town Board of the Town of Ithaca that the said application be approved, and WHEREAS, the Town Board of the Town of Ithaca, at its regular meeting held on the 8th day of January, 1973^ ordered that a Public Hearing be held on the 12th day of February, 19735 at the Town Offices, 108 East Green Street, in the City of Ithaca, New York, to consider, among other matters, the rezoning of said 18.9 acres from R-15 to Multiple Residence for a certain number of residential units in clusters in accordance with the provisions of Section 281 of the Town Law, and the Town Clerk having duly posted and published in the Ithaca Journal on February 1 and 2, 1973 the said Notice of Public Hearing, and it appearing that said Notice of said hearing has either been served on all persons or parties requiring notice or a waiver of such notice by any F ; - 2 - such person or party has been filed with the Town Clerk, and the public hearing having been held as aforesaid and the Town Board having heard and considered all arguments made with respect to such requested changes^ and the Public Hearing having been closed, and the meeting having been adjoUrhed to the 22nd day of February, 1973^ at 5:00 p#mi at the Town Offices for further consideration of said application, ind the applicant and owners of land in the vicinity having appeared befbre the Town Board at said adjourned meeting^ and the application having been further considered, and I the matter having been adjourned to a meeting of the Town Board to be held on the 26th day ot February^ 1973> at 5:00 p.m., at the Town Hall, and the Town Board having fiirther deliberated on the application, NOtf, in accordance with the provisions of ARTICLES VI and IX of the Town of Ithaca Zoning Ordinance and in accordance with the applicable provisions of Sections 264, 265^ and 28l of the Town Law, it is RESOLVED as follows: 1. The Town Board, in concurrence with the recommenda tions of the Planning Board, determines that the existing and probable future character of the nei^borhood in which the rezoned parcel is located will not be adversely affected; that specific conditions hereafter set forth have been imposed to provide for an adequate drainage system and with respect to other matters concerning the proposed development; that the change from R-15 to Multiple Residence is in accordance with a comprehensive plan of development of the Town of Ithaca; and that the proposed change is in accordance with the purposes for which the existing Zoning Ordinance of the Town of Ithaca was adopted. 2. The zoning classification of the parcel of about 18.9 acres, owned by Enos A. Pyle on Honness Lane in the Town of Ithaca, New York, Tax Parcel 60-1-25.2, and described in Schedule A, - 3 - annexed hereto, is changed from a Residence District R-15 to a Multiple Residence District. The boundaries of said Multiple Residence District shall be as described in Schedule A of this Resolution. 3. The change in zoning classification of the above parcel has been made Subject to compliance by theowner of the said parcel^ or any portion thel^Oof, with the conditions, require ments, and the provisions hereinafter set forth. The final site plan of the owner-applicant shall not be approved ahd, in suiy event, no building pemit for the construction of any building, or other structure on said palpcel, shall be issued at any time, unless and until the owner-applicant has complied with all of the said conditions, requirements, and provisions or unless and until satisfactory assurances, under such conditions as the Town Board may reasonably determine. 4. The applicants shall also comply with such other requirements suid conditions which the Town Planning Board and the Town Board of Ithaca may reasonably and lawfully require in the exercise of their power to approve subdivision plats and the development thereof. Nothing herein contained shall be deemed to limit the authority of the Town Board and the Planning Board to impose such additional requirements and conditions as may be reasonably and lawfully required in the approval of the final site plan and the development of the rezoned parcel pursuant to such plan. A. (1) The permitted use in this multiple residence district is limited to 176 dwelling units which shall be construc ted in clusters in accordance with the provisions of Section 201 of the Town Law, substantially as shown on the site plan entitled "Eastwood Commons," dated February 21, 1973> a copy of which was filed with the Town Board on February 21, 1973^ being a revision of the site plan which was dated December 18, 1972, and filed - 4 - with the Town Planning Boe,rd on February 19> 1973 > and it is directed that a copy thereof be filed in the Tdwn file of Site Plans. B. (1) The looji road shown on the site plan will be conveyed to the Town of Ithaca as and for a public road, 50 feet in width. The two entrance roads shoWn on the preliminary site plan shall have such curbing afe may be feasbnably required by the Town. (2) The developer, at his own expense, shall construct a sidewalk and bicycle path from the rezoned area to Woodcrest Avenue in accordance with specifications of the Town Board and such walk and path shall be maintained by the Homeowners Association in accordance with the provisions of subparagraph "(3)" immediately following. (3) It is determined that in accordance with the purposes and values for which the Town of Ithaca Zoning Ordinance was adopted the open area, other than the road, shall be maintained as an open area, with proper landscaping and plant ing of shrubbery, trees, and grass, and as otherwise herein set forth, in accordance with reasonable regulations as may be established from time to time by the Town Board. If such open spaces are not maintained adequately in accordance with such regulations, they may be maintained by the Town and the expense thereof shall be collected by the Town either as on a contract or by any lawful assessment, levy, or tax, levied upon the property in the zoned area pursuant to such regulations or by-laws as may be adopted by such association or other organization or pursuant to any law or ordinance which may be hereinafter adopted by the Town Board. (a) All other open space shown on the site plan will be owned, maintained, and the use thereof controlled by an owners (residents) association, incorporated as a not-for-profit . 5 - i 1 corporation, or other legal entity, capable of holding title to the land. The by-laws or sudh associatiori shall contain a pro- 1 vision that no by-laws, of iany rules or regulations, shall be deemed to be effective unless the "jfown Board approves the same, t ' but the Town Board may^ from time to tiae> waive the requirement of approval* The membership Of Such association shall consist of all the owners of thO Eastviood Commons subdivision. The Certificate of Incorporation shall hot be deemed to be effective and shall not be filed with the Stete of New York, unless approved by the Town Board. (4) ApJ)f6val of the final site plS,n shall con tain requrements for landscaping ajid iJlantings as may be reason ably required by the Town Board or the Planftihg Board. Ci (1) Prior to submitting a final site plan, approval shall be obtained from the Tompkins County Highway Department and the New York State Department of Transportation, approving curb cuts, drainage of surface and sub-surface waters from the site. (2) The Water and Sewer Plan shall be approved by the County Health Department and the Ithaca Town Board. D. (1) A plan for the drainage of the rezoned area and the Eastwood Commons development, in general, shall be approved by the Town Board or in accordance with regulations to be adopted by the Town Board of in accordance with any requirements contained in any resolution approving the final site plan. Drainage plans, in such detail as may be required by the Town, will be submitted for each phase, prior to construction. Such drainage plans shall include drainage improvements both on the rezoned parcel and out side the boundaries of said parcel and shall include such drainage improvements as may be required to correct drainage problems which may occur after the construction on the site has either been - 6 - I , I ' commenced or completed. ^?he final site plan shall h6t be approved and no approval shall be endorfeed upon any aubdivisibn map o:^ this development unless such dlfainage plan h&s fceeh approved as al^ore- said. No building permit shall be issued fbf th6 construction of any dwelling units tihless all required drairiiige has been construc ted or planned to the satisfaction of the 'tbwn Board* The appli cant shall, at his own expense, obtain all basements required for such drainage plan. (2) Any regiilations adopted by the lown Board shall contain such additional provisions as may be reasonably required to effectuate the forbgOihg., E. (1) Adequate> finished parking Spaces shall be provided at the ratio of 1.5 parking space fbr each dwelling unit. No such parking space shall be constructed or located within the boundaries of any public street or highway. P. (1) The final site plan presented for approval will include suitable provisions for active recreational space for children. 5. (1) No final site plan shall be approved unless the developer has granted to the Town of Ithaca an easement, 20 feet in width, for puiTposes of constructing, maintaining, and replac ing a water transmission line, which easement will commence at the southeast corner of the lands described in Schedule A, and as shown on the site plan, and rim westerly along or near the southerly boundary of said lands to Harwick Road as shovin on said site plan. Such easement shall provide that the Town shall have a temporary easement in excess of 20 feet, as required, as a working easement during the period of any work or construction being done on the easement area. (2) Similarly no final site plan approval will be given unless the developer has granted to the Town an easement - 7 - 25 feet in width for the construction, maintenance, and replace ment of utility lines, including, but not limited to, gas, electric, telephone, TV cable, water and sewer mains, which easement will run from the easterly boimdary of the subject lands in a general westerly direction to connect to the loop road which is to be deeied to the Towni 6. It is determined that the number of dwelling units permitted ih this multiple residence zone shall not exceed 176 in number, and shall be subject further to the following require ments * (a) Each such dwelling unit shall be used and occupied only as a single family dwelling; the provisions of the Zoning Ordinance relating to occupancy of any one single family dwelling unit Shall apply to each dwelling unit in this develop ment, except that, in addition to each family, not more than one roomer, boarder, lodger or other occupant shall be permitted to occupy each such dwelling unit. ^ (b) Such units shall be built in clusters not exceeding four such units in each cluster. (c) No building in this zone shall exceed two stories in height above ground level. (d) Each such cluster shall be located as shown on the final site plan, as finally approved. 7. It is understood that the Eastwood Commons develop ment shall be constructed in accordance with the following phases- (a) Phase 1 shall include not more than 4o units. (b) Subsequent phases shall be planned in relation to sales, ^ (c) Prior to the application to the Town Board for final site plan approval for each phase, the applicant shall submit his plans to the Town Engineer who shall review the same and make recommendations to the Town Board. - 8 . i 8. Any detemination which is to made by the Town Board hereunder, may be delega1>ed to the^ Town Planning Board, insofar as such delegation is lawfully permitted. 9. The Zoning Map of th$ Towil of Ithaca shall be changed to show the boundary lines of the Multiple Residence District established by this Resolution! , i ! 10, The lands which ard the subject of this resolution are now reputedly owned by Enbs Pyle. William Schickel and Norbert Schickel, d/b/a Schickel Environmental Development Company, a general partnership, 100 Paii^View Square, Ithaca, New York, have represented to the Town Board that they have exercised their optibn to purchase the said parcel. This resolution is being adopted on the representation of the appli cants that they have exercised their option to purchase the said parcel and to develop it in accordance with the prelininary site plan filed with the Town Board, and said resolution has also been adopted on the general representations made by the applicant to ^ the Planning Board and the Town Board. 11. If title to the rezoned lands is not conveyed within one year from the date hereof by Enos Pyle to said William Schickel and Norbert Schickel as such general partners or to a corporation or other legal entity owned or controlled by said William Schickel and Norbert Schickel, the Town Board, upon application of any resident of the Town, including any member of the Town Board, shall initiate and complete procedures to amend the Zoning Ordinance to change the classification of the said lands to the classification in effect prior to the adoption of this resolution. M 12. The Town Clerk is directed to publish this Resolution in the Ithaca Journal and the foregoing Resolution shall consti tute an ordinance amending the Town of Ithaca Zoning Ordinance and shall take effect 10 days after the publication thereof pur suant to Section 2S4 of the Town Law. ^ g . SClkoiXLE A ALL THAT TRACT OR PARCEL OP LAITO situated in the Town of Ithaca, Coimty of Tompkins and State of New Yorkj being located on Honness Lane, being bounded and described as follows: Beginning at a point in the northerly right of way of Honness Lane, said point being the southeast corner of lands of Roberts as recorded in the Tompkins County Clerk's office in Liber 315 at p€ige 273;I • j thence running N-06®-l8'-04"-E along said Roberts, a distance of 325.37' to a point; thence running N-^83^-^;ilf-2i"-W, a distance of 35^.21' to a pointi thence running N-07^-^5'-30"^E> a distance of 966.12' to a point in the center line of a creek; thence running easterly along the center line of said creek having a chord bear ing of S-8i^-45'-22"-E for a distance of 248;30' to a point in said center line of the creek; thence running S-07^-25'-30"-W, a distance of 342.82' to a point; thence running S-18°-00'-06"-E, a distance of 130.0' to a point; thence running N-71^-59'-54"-E, a distance of 150.OO' to a point on the former right of way of E.C. & N. railroad; thence running S-18^-00'06"-E along said right of way, a distance of 666.12' to a point; thence running S-68°-18'-25"-W, a distance of 120.40' to a point; thence running S-67^-09'-45"-W, a distance of 345.20' to a point; thence running S-60^-00'-58"-W, a distance of 122.33' to a point; thence running N-84°-00'-29"-W, a distance of 150.00' to a point; thence running 3-06*^-18'-04"-W, a distance of 264.00' to a point in the above mentioned right of way of Honness Lane; thence running N-84^-19'- 02"-W along said right of way of Honness Lane, a distance of 50.0' to the place of beginning and containing 18.9 acres of land more or less. The above described premises are more particularly shown on a survey map entitled "Map Showing a Portion of Lands of Enos Pyle" made by P. Donald McKee, Land Surveyoi#32422, dated June 20, 1972, revised July 26, 1972, a copy of which has been filed with the Town Clerk.