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HomeMy WebLinkAboutPB Minutes 1983-01-18 TOWN OF ITHACA PLANNING BOARD JANUARY 18 , 1983 The Town of Ithaca Planning Board met in regular session on Tuesday , January 18 , 1983 , in Town Hall , 126 East Seneca Street , Ithaca , N . Y . , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , Barbara Schultz , James Baker , Bernard Stanton , Edward Mazza , David Klein , Lawrence P . Fabbroni ( Town Engineer ) , Peter M . Lovi ( Town Planner ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Dr . Gerald W . Olson , Joan Parker , Dan Peterson , Carolyn Peterson , Town Councilman George Kugler , Chuck Crisell , Donald Street , Leslie Dotson , Donald Steinkraus , Frank Wiley , Bill J . Manos , Richard B . Thaler , Esq . , John Wooding , Peter J . Walsh , Esq . , Claudia Weisburd , Jerold Weisburd , Howard R . Schlieder , Jeff Coleman , Fay Gougakis , Peter Nickles , Shirley K . Egan , Associate University Counsel , Larry Jones , Robert E . Marion , Vince Hinkley , Craig Mack , Tom Clausen , Edna Clausen , Francis Moon , Bruce Ryan ( WHCU News ) , D . • Lytel ( Ithaca Times ) , John Huenneke ( Ithaca Journal ) , Jon Ohck ( WVBR News ) . Chairman May declared the meeting duly opened at 7 : 39 p . m . ADJOURNED PU13LIC HEARING ( FROM DECEMBER 21 , 1982 AND JANUARY 4 , 1983 ) FOR FURTHER CONSIDERATION OF PLANNING BOARD DETERMINATION UNDER SEQRA AND SITE PLAN APPROVAL IN THE MATTER OF THE BILL J . MANOS PROPOSAL FOR 119 UNITS PLUS ONE PRIVATE RESIDENCE AND ONE SERVICE BUILDING ON 30 ACRES , EAST KING ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 . 31 . Chairman. May declared the Adjourned Public Hearing in the above - noted matter duly opened at 7 : 39 p . m . Chairman May read aloud the Notice as above and asked Mr . Thaler to speak to the matter and to make everyone aware of those changes that had been made since the January 4 , 1983 , meeting . Richard B . Thaler , of Thaler & Thaler , 309 North Tioga Street , stated that there had been two changes made : a deletion in the number of parking spaces on the site in order to accommodate suggestions from Fire Chief Charles Tuckerman with respect to fire lanes , and a relocation of the dumpsters . Mr . May stated that he did not see the changes . Mr . Thaler stated that Mr . Schlieder had not arrived yet and he was going to indicate the Changes to the Board . i Planning Board 2 January 18 , 1983 t i Mr . Lovi pointed out that four of the fire lanes are marked on the map and these will be widened , i . e . , four main sidewalks adjacent to the fire hydrants . Chairman May asked how the fire lanes would work . Mr . Thaler responded that as far as the sidewalks go , they will be widened to 10 feet for fire vehicle access . Mr . Thaler indicated where these sidewalks are located on the diagram . Mr . Schlieder , now present , corrected Mr . Thaler and stated -that these sidewalks will be 8 feet in width . Mr . Schlieder continued by stating that three parking spaces were deleted in order to accommodate each fire hydrant . He stated that there will be a fire zone where no parking will be allowed at the south end of each of these sidewalks . Mr . Schlieder also described improved turning for trucks . He stated that the dumpsters will be located at various places on the site and there are now 8 dumpsters . Mr . Thaler pointed out that the project now has a name - - Majestic Heights - - and added that the final revision date was January 14 , 1983 , the plans that the Board had in front of them containing the most recent revisions . With reference to the dumpsters , Mr . Mazza stated that it looks like there is parking in front of them . Mr . Schlieder stated that the dumpsters roll out , noting that if any cars are in front of the dumpsters , there is an area where they can be rolled out into . Mr . Klein noted that the dumpsters were • maneuverable ., Mr . Schlieder noted also that the dumpsters are now in closes- proximity to the residences . Mr . Thaler presented to the Board the following letter dated January 5 , 1983 , addressed to him , from Charles W . Tuckerman , Fire Chief , City of Ithaca , and requested that it be put into the record and copies distributed to all Board members : " Re : Manos Housing Complex , East King Rd . , Ithaca , N . Y . Commissioner Anderson brought to my office drawings for the Manos Housing Complex on this date . The question he asked was ' is the hydrant layout that is proposed for this housing complex sufficient for Fire Department use ? ' My answer to that question is yes , the hydrant locations as proposed appears to be adequate for our purposes . The only difficulty I see is the hydrants are located in a parking area and it appears that unless some of these parking spaces are removed and kept open the Fire Department would not have access to the hydrants . I would suggest that at least two , and possibly three , parking spaces across from where the hydrants are located be removed and that the area be posted as a • restricted area for Fire Deparment use . Planning Board 3 January 18 , 1983 t . Other than that , at the present time , everything looks to be in order . " Mrs . Fuller introduced the Board members and the staff to those present and Chairman May instructed everyone as to fire regulations and pointed out where the exits were in case of fire . Mr . Thaler stated that he had filed with Mr . Lovi a letter from Cornell. University concerning the various plantings . Mr . Thaler noted that he and the developer had taken the recommendations from the Planning Board discussions on the matter and conferred with Cornell University and the Plantations people . He stated that this letter encompassed Cornell ' s recommendations and noted that the planting scheme is contained in the drawings , except for the evergreen screen . Mr . Thaler stated that they had conferred with Cornell to see what plantings would be indigenous to the area , Cornell made suggestions that were less expensive and also suggested screening around the parking areas . The letter dated January 12 , 1983 , addressed to Mr . Richard Thaler , from Mr . John E . Majeroni , Cornell University Real Estate Department , reads as follows : " AttachE� d is a listing of evergreens which has been provided to me by the. Cornell Plantations . These are recommendations of trees to be planted to meet the Planning Board ' s recommendation • for additional screening along King Road . I have circled in red the variety which would be their first choice . It is very tolerant , very plentiful , and inexpensive . If you need additional information prior to the next hearing , please feel free to give me a call . Thank you very much for your help . " [ The three - page attachment , dated January 10 , 1983 , prepared by Rick Bogusch , Cornell Plantations , lists " Evergreens for Screening " , listing nine species - 6 native , and 3 non - native . The red circled variety is " Pinus Nigra Austria " ( Austrian Pine ) , non - native . The following statement is a part of Mr . Bogusch ' s listing : " Of the species listed , I would choose Pinus Banksiana ( Jack Pine ) as the most fdol - proof . If planted closely enough , a suitable screen could be made of it , though it not be visually impenetrable . I think salt spray and run - off along King Rd . may be a problem and most evergreens can ' t take these conditions . Jack Pine can , however , and it is native . 10f the non - natives , Pinus nigra is the logical choice . One can see it planted along roads throughout the area . Supposedly it is susceptible to tip blight , but I ' ve not noticed any negative effects of this in Ithaca . Pinus nigra would be a much more effective screen than P . banksiana . " J ' Chairman May asked if there were any comments at this point from the public , r ti Planning Board 4 January 18 , 1983 t . Dr . Gerald W . Olson , Department of Agronomy ( Soils ) , 153 Emerson Hall , Cornell University , spoke from the floor and stated that he would like to make a comment about the soils in the proposed development area . He stated that the soil is very shallow with bedrock close to the surface . He described sandstone , siltstone , and shale bedrock in the King Road area with the soils in glacial till here being shallow or only moderately deep over bedrock in many places . He noted that bedrock exposures are visible in the roadcuts and on the soil surface of the abandoned Beacon Hills development with costs of bedrock excavation being a significant developmental difficulty at this construciton site . Mr . Schlieder referenced the contour plans and stated that all buildings on the proposed site will be raised at least two feet through the use of fill with that much fill also in most of the area of the sidewalks . Dr . Olson asked where the fill is going to come from and pointed out that there is no fill up there . Mr . Schlieder responded that it would come from Tompkins County ; Mr . �rhaler stated that it would be off - site fill . Chairman May asked if there were any further public comment ; there was none . Chairman May asked for comments or questions from the Board . Mr . Klein stated that it was his understanding that at this meeting the Planning Board is considering its determination under SEQRA , followed by general site plan approval , to go the Town Board and then back to this Board . Chairman May stated that if final site plan approval were granted that would be the end of the matter insofar as the Planning Board was concerned . He noted that the Board has already passed on to the Town Board its recommendation with respect to the rezoning request . Mr . Lovi described the SEQR review process in this particular case . He stated that SEQRA makes provisions for those actions requiring more than one approval and has the flexibility to look at more than one action simultaneously . He stated that , in this case , the Planning Board is the lead agent ; there is no need for a sE! parate SEQR review to be done for the rezoning . He stated that the review in process now is conclusive ; it is final , both for site plan and rezoning because the rezoning is contingent upon the specific site plan being considered . Mr . Klein stated that , in that case , he had comments which he wished to make . He stated that some of the questions he had at the last meeting have been taken care of but some of his concerns were not addressed entirely to his satisfaction . With respect to the matter of the dumpsters , Mr . Klein stated that he assumed a quantity of trash was calculated in some manner so as to arrive at an amount of trash expected . Mr . Klein asked how • the number of dumpsters decided upon was arrived at because , if inadequate , there could be a health hazard . He stated he had no idea how many would be adequate but assumed it was calculated by Planning Board 5 January 18 , 1983 c i the amount of trash , etc . Mr . Thaler responded that the frequency of trash removal was the key and stated that the size of the dumpSters is not as important as the frequency of trash being removed ; in other words , how much they are being used . Mr . Thaler stated that it was basically up to Mr . Manos to do whatever necessary in order that trash did not accumulate , Chairman May stated that this concern could be added as a condition for approval . Mr . Klein stated that if anything were approved , everything , including fire lanes , should be spelled out . He commented that he thought it was good that there will be evergreen plantings , however , he would like to have the drawings confirm this . Mr . Klein pointed out that the ordinance requires parking to be no more than 200 feet from the unit served and noted that the plans show that some of the units are well over 200 feet from a parking area . Mr . Thaler responded to this concern , stating that the preliminary plan was rejected because Mr . Fabbroni felt there was insufficient parking designated . He pointed out that what had to be done by Mr . Schleider in preparing new drawings was to try to make a compromise between what is optimal and what was not environmenta ]_ ly dangerous to the land and its neighbors . He stated that they have tried to keep the expanded parking as far to the south as possible , adding that what the plans now show is • a compromise . Mr . Thaler stated that they are constrained to do that which is the least offensive and that which is the least offensive is to have the tenants walk a little . Chairman May suggested that if the parking spaces were numbered and assigned , the tenants could have their own place to park such that the distance comes within the 200 feet from the resident ' s unit . Mr . Mazza indicated that the only one probably to be a problem is # 17 on the plan . He stated that he would question whether the Board had the authority to grant approval for something that is not in compliance with the ordinance . Mr . Klein evidenced the same concern . Mr . Fabbroni stated that as a site plan consideration he would say that the Board could grant such approval , adding , however , that a side yard change might be a different story . Mr . Fabbroni suggested that as part of a site plan approval the Board is to some extent trading off some elements of site plan criteria . He commented that the Board is trading off a few things for this site plan , pointing out that if it were right across the board , i . e . that all parking spaces were beyond the 200 feet distance , such would not be the case . Mr . Fabbroni mentioned , a :; an example , the trade - off with respect to the • service building to create an additional buffer for the Swamp . Planning Board 6 January 18 , 1983 1 ti Mr . Lovi pointed out the fact that the Planning Board had specifically requested additional parking spaces . Mr . Fabbroni noted that it was only building # 17 that exceeded the requirement and stated that he was of the opinion that it was within the prerogative of the Board to take that into consideration . Mr . Klein referred to the internal road system of the development and stated that the Planning Board should require stop signs -and / or yield signs or request the developer to do something along those lines . Mr . Thaler stated that they agreed to this . Mr . Klein asked if the concrete pads would be removed . Mr . Thaler responded that that has been agreed to right from the beginning . Mr . Lovi asked about the safety of the lake , referring to the retention pond northwest of the site . He asked if there were any plans to fence that pond and , if not , could they establish to the Board that it does not pose any safety hazard . Mr . Thaler stated that lawyers have words for something like this - - an attractive nuisance . He said that Mr . Manos does not want anybody to be injured in that pond , however , he cannot guarantee that . Mr . Thaler stated that they will do anything they can within reason to make it safe . He commented that the last developer to put up a fence had the kids go through the fence and someone drowned . He explained that it is not there for a recreational area ; it is there for environmental reasons . Mr . Lovi asked , on the basis of the soil studies and borings that the developer has done , is there any way that the surface area of the pond can be reduced , and , could it be a dry pond ? Mr . Thaler responded that he simply did not know . He noted that it has been there for many years and it has done its job - - and that is retention . Mr . Schlieder stated also that he did not know . Mr . Fabbroni stated that he thought it would be simple enough to make it a dry pond , noting that the hydraulics have worked for 8 years and would come into play at the time it fills up . Mr . Fabbroni suggested that the developer might consider doing this . Mr . Mazza inquired if it was expensive , to which Mr . Fabbroni responded , no , another connection is all that is needed juxtaposed with the outlet that is there now . Mr . Fabbroni explained for Mr . Klein ' s information that originally the developer came in with 160 parking spaces and the Board felt that with the number and nature of proposed rentals of 119 units , the parking provided was not sufficient and could spill over to the service road . He explained that at that point , the Board asked for 200 parking spaces , and thus the problem of distance was created . Mr . Fabbroni further commented that , along those lines , the landscaping plan appears to be fine , however , he Planning Board 7 January 18 , 1983 would caution Mr . Manos to keep his eye on the landscaping and follow through with it , adding that that concerns him , particularly if there are going to be single family homes across the street . He said that for attractiveness reasons , Mr . Manos will want to make sure the landscaping is done properly and nicely around the parking area around the front of the buildings , adding that it will almost screen the parking area from across the road . Mr . Mazza asked Mr . Lovi about the proposed recreational area . Mr . Lovi explained that the recreational area would simply be play structures , nothing elaborate that would require future site plan rE! view . He explained that , in response to people in the community who had expressed the need for a place for children within the development , the Board wanted an area for children to play in and the developer decided on this revised plan to set aside areas for such uses . He noted that there will be nothing that will be paved or would require them to come back in for site plan approval , such as a tennis court , for example . Mr . Schlieder stated that the reason why nothing has been designated specifically in this area is because they have no idea of the nature of the tenants . He stated that the area has been set aside for recreational purposes , if and as needed , and what will be in this area has not been designated yet . Mr . Fabbroni suggested that , as a matter of courtesy , if and when such decisions are made , they should be passed before the Board . Mr . Stanton asked about the species of plantings that had been selected , and confessing not to be expert in matters of plants being evasive or non - evasive , asked if they were okay . Mr . Thaler stated that they went to Cornell University and they drew up the list referred to in the letter from Mr . Majeroni , as mentioned earlier . Chairman May said that the Board would be comfortable with these selections . Mr . Lavi stated that in addition to Cornell ' s recommendations for landscaping , he would mention , with reference to screening the parking area from the road , that they should select plantings that will not only meet the plant criteria noted by Cornell but also select them from a performance criteria basis , i . e . , that will work and will really screen the parking area from the far side of the road . Chairman May asked if there were any further comments or questions from the Board . There were none . Mr . Lovi suggested that the Board turn to the SEQR review . Chairman May noted that the Board had before them a proposed resolution with respect to the Planning Board ' s determination under SEQRA in the matter of the Manos proposed development . MOTION by Mr . Bernard Stanton , seconded by Mr . David Klein • THAT the PROPOSED RESOLUTION be read and adopted by the Planning Board . Planning Board 8 January 18 , 1983 Chairman May read aloud as follows : " WHEREAS , the applicant , Bill J . Manos , has fully complied with the requirements of the Town of Ithaca Local Law # 3 , 1980 which was established pursuant to the New York State Environmental Quality Review Act ( 6 NYCRR 617 ) , and WHEREAS , the Town of Ithaca Planning Board finds that : 1 . The applicant , Bill J . Manos , seeks to construct a multiple residence project on a 30 + acre parcel of land north of East King Road ( Tax Parcel 6 - 44 - 1 - 4 . 31 ) consisting of : ( a ) seventeen wood frame buildings in each of which will be constructed 7 rental units in the proportions of four single bedroom and three two bedroom ; ( b ) one :service building for the storage of maintenance equipment , tenant storage , and laundry facilities for the residents of the project ; ( c ) a private one family residence which will be occupied by the applicant , and 2 . the Planning Board has undertaken a coordinated SEQR review of both the rezoning proposal and the site plan in an effort • to promote an efficient use of its time and resources and to expedite! a thorough environmental assessment of this project , and 3 * the principal issue of environmental concern has been the impact of this project on an upland swamp area of approximately 50 + acres located to the north and northwest of the applicant ' s property and known as the South Hill Swamp and which includes a parcel of 6 . 15 acres owned by Cornell University ( Tax Parcel 6 - 44 - 1 - 3 ) ; this area has been included in an inventory of unique natural areas by the Tompkins County Environmental Management Council , and 4 . the Planning Board of the Town of Ithaca on December 21 , 1982 , at a public hearing , duly and properly published and posted , fully reviewed the Environmental Assessment Form ( long version ) prepared by the applicant and requested substantial revisions of this Form , and the applicant has complied with these requested changes in all pertinent respects , and 5 . the Planning Board has listened to and considered public opinion , as expressed to them , and all additional information submitted regarding the environmental effects of this project at a public hearing called for this purpose , • and Planning Board 9 January 18 , 1983 6 , there has been general agreement by the staff of the Cornell University Plantations and the administration of Cornell University that the Manos Housing Complex , as proposed , will not interfere with the ecology of the South Hill Swamp , and 7 . Mr . Manos has agreed to work with the staff of the Cornell University Plantations in order to safeguard the ecological integrity of the South Hill Swamp in the future , and 8 . Cornell University and the applicant have met and agreed on measures which Cornell reports will provide adequate protection of the ecology of the above - described sensitive area ( a general summary of these measures is set forth in Appendix A to this resolution ) and thus Cornell will not oppose the approval of the project as appears in the most recently revised site plan submitted by the applicant , dated December- 29 , 1982 , and 90 the Planning Board has given long and careful consideration to the environmental impacts of the Project and finds that : ( a ) the Environmental Assessment Form as revised by the applicant adequately addresses the environmental questions , and ( b ) further finds that the mitigative measures agreed upon • by Cornell University and the applicant and their agreement to cooperate throughout the course of the construction of the Project will provide adequate protection to the South Hill Swamp Area , and ( c ) further finds as a result of the foregoing that the applicant ' s Project will not have any adverse effect on the Swamp Area , and 10 . there have been no complaints or requests for further formal environmental review by any individual or group at any of the three public hearings ( December 21 , 1982 , January 4 , 1983 , or January 18 , 1983 ) specifically called for this purpose ; THEREFORE , IT IS RESOLVED THAT : 1 . The Planning Board of the Town of Ithaca , acting as lead agency in the environmental review of the Manos Housing Complex , declare and hereby does declare that this Project , as specifically represented and described and as specifically shown on the site plans submitted to the Town of Ithaca Planning Board , dated December 15 , 1982 , revised December 29 , 1982 , will have no adverse environmental impact on the South Hill Swamp and that a Negative Declaration - Determination of Non - Significance shall be filed with the New York State Department of Environmental Conservation and all other- affected agencies . Planning Board 10 January 18 , 1983 2 . If Cornell University and the applicant cannot agree at any time in the course of construction as to whether the measures in mitigation of the project are being carried out , then either party may submit written reports of the facts , containing recommendations to the Planning Board and the matter shall be resolved by the Planning Board . APPENDIX A 1 . An open space at the most westerly part of the applicant ' s property containing approximately six acres and bounded on the south , west , and north by the applicant ' s property and on the east specifically by a " swale , " all as more particularly shown on the site plan dated December 15 , 1982 revised December 2. 9 , 1982 shall not be used for any purpose including , without limitation , recreation but shall remain undeveloped . Notwithstanding , the developer shall retain a right - of -way of no more than 25 feet for the specific purpose of allowing maintenance equipment and personnel access to the north side of the retention pond . Such right - of - way shall remain unpaved and shall be graded for westerly drainage toward the above -mentioned swale . Such right - of -way shall be located as close as possible to the retention pond consistent with the drainage requirements of this covenant . The specific boundaries of this right - of -way shall be marked upon the final site plan and shall • specifically constitute a restrictive covenant running with the land which shall be incorporated with and made a part of any conveyance , lease , or transfer of title of any kind . Trees and foliage in the area may be trimmed in accordance with good forest management practices , as agreed upon between the owner of the subject property and Cornell University , for the purpose of protecting the ecology of the South Hill Swamp and any flora . If the parties cannot agree , then the matter shall be referred to the Town of Ithaca Planning Board for determination . The foregoing shall constitute specifically a restrictive covenant running with the land which shall be incorporated with and made a part of any conveyance , lease , or transfer of title of any kind , of the property or any portion of or interest therein . 2 . The attached Parts II and III of the Environmental Assessment Form identify the environmental effects of the Project in greater detail and describe the mitigative measures to be taken by the developer in order to insure that the ecology of the South Hill Swamp is preserved . " Mr . Lovi spoke at this point and stated that there were no changes in Parts II or III of the environmental review process from that which was presented to the Board at its January 4 , 1983 meeting . He stated that it is at this point where SEQR Part • 617 . 11 , " Criteria " , comes in . It is the Planning Board ' s " hard look " at the environmental concerns . Planning Board 11 January 18 , 1983 ' Chairman May read aloud as follows , being a continuation of the proposed resolution before the Board : " APPENDIX B A DISCUSSION OF THE CRITERIA LISTED IN PART 617 . 11 NYCRR WITH RESPECT TO THE ENVIRONMENTAL SIGNIFICANCE OF THE BILL MANOS HOUSING PROJECT Criteria # 1 : a substantial adverse change in existing air quality , water quality , or noise levels ; a substantial increase in solid waste production ; a substantial increase in potential for erosion , flooding , or drainage problems ; Evaluation : The project should have no substantial adverse change on existing air , water , or noise quality . Any increase in the quantity of solid wastes produced can be easily handled through the existing public sewers . The existing retention pond has adequately handled the increase in erosion potential caused by the aborted prior development for the past 8 years . The drainage plan presented by the developer will carry drainage offsite in such a way as it will not interfere with the hydrologic balance of the South Hill Swamp . The site itself is well drained and there should be no flooding or other drainage problems . Criteria # 2 : the removal or destruction of large quantities of vegetation or fauna ; the substantial interference with the movement of any resident or migratory fish or wildlife species ; impacts on Ca significant habitat area , or substantial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species ; Evaluation : There will be considerable revegetation of the site , as detailed in the landscaping plan presented by the developer and reviewed by the Planning Board in consultation with Cornell University Plantations and the Town of Ithaca ' s Landscape Consultant , Susan Beeners . Care will be taken to select species which are native to the area as well as those which require as little use of chemical pesticides or herbicides as possible . The project has been sited and designed to minimize the effect it will have on the flora and fauna of the South Hill Swamp , The Planning Board has considered the expert testimony of the Cornell Plantations staff and is reassured by their assertions that this project will protect their botanical and wildlife study area . Criteria # 3 : the encouraging or attracting of a large number of people to a place or places for more than a few days compared to the number of people who would come to such a place absent the action ; Evaluation : There will be approximately 250 - 300 permanent residents when the project is completed as planned . Based upon present planning and engineering practice , the intensity of Planning Board 12 January 18 , 1983 • activity created by this population density can be well supported by the facilities , as designed . • The existing public utilities are sufficient to handle the requirements of this population , and East King Road has sufficient carrying capacity to handle the peak hour demands this project will create . Criteria # 4 : the creation of a material conflict with a community ' s existing plans or goals as officially approved or adopted ; Evaluation : This project is consistent with the Planning Board ' s comprehensive planning process and the realization that South Hill has presently unmet housing needs , particularly for young couples , which would be well - served by this project . As available space in Northeast and East Ithaca is at a premium , the Planning Board anticipates that more development will be occurring on South Hill in the future . Criteria # 5 : the impairment of the character or quality of important historical , archeological , architectural , or aesthetic resources or neighborhood character ; Evaluation : The essentially residential quality of the immediate neighborhood will be enhanced by this project and the preservation of open space will enhance the aesthetic quality and long - term ecological viability . of the upland swamp area . SCriteria # 6 : a major change in the use of either the quantity or type of energy ; Evaluation : As all the apartments will be electrically heated and well insulated , there will be no significant change in the type of energy used in comparison with other residential developments throughout the Town of Ithaca . Criteria Us the creation of a hazard to human health or safety ; Evaluation : The only possible danger to human health would be in the event of blasting for the installation of utility lines . The developer will be expected to notify all neighbors of the time and date when blasting and will be expected to follow accepted precautions during construction and maintenance of the project . Criteria # 8 : a substantial change in the use , or intensity of use of land or other natural resources or in their capacity to support existing uses ; Evaluation : The planned intensity of use is not significantly higher than that found in other residential districts throughout the Town of Ithaca . • Criteria # 9 : the creation of a material demand for other actions which would result in one of the above consequences ; or Planning Board 13 January 18 , 1983 • Criteria # 10 : changes in two or more elements of the environment , no one of which has a significant effect on the environment , but which taken together result in a substantial adverse impact on the environment ; Evaluation : It is possible that a project of this sort may lead to other requests for additional land to be zoned Multiple - Family and for additional commercial land to be developed . It is the considered judgement of the Planning Board as part of its comprehensive planning process for the Town of Ithaca that South Hill will support a variety of uses in the future . However , as a direct result of this project there will not be changes in two or more elements of the environment which will synergistically result in an adverse environmental impact . Criteria # 11 : two or more related actions undertaken , funded or approved by an agency , no one of which has or would have a significant effect on the environment , but which cumulatively meet one or more of the criteria in this section . Evaluation : This project involves the approval of two agencies in order to proceed . The environmental review has been coordinated by the Planning Board as lead agency in view of this Board ' s more particular experience in land use matters and its overall responsibility for comprehensive land use planning throughout the Town of Ithaca . Neither the rezoning nor the site plan approval , as such , would have a significant environmental impact . This determination is not changed by their merger in this unified permitting process . " Chairman May stated that the MOTION had been moved and seconded and read in its entirety and asked for Board discussion . Mr . Lovi pointed out a .change that should be made to WHEREAS # 4 - - after "' at a public hearing , " add , notice of which was . Mr . May pointed out that the date of the latest revised site plan should be inserted in the appropriate places throughout - - January 14 , 1983 . It was also pointed out that the name of the development should be inserted in all appropriate places throughout - - Majestic Heights , Mr . Mazza referred to WHEREAS # 8 , " . . . and thus Cornell will not oppose the approval of the project as appears in the most recently revised site plan submitted by the applicant . . . " , and asked if that were true . Associate University Counsel Shirley Egan spoke from the floor and stated , " No problems . " Dr . Olson stated that he had a question about the soils here . He stated that it had been said that they are well drained , but he would like to point out that Tuller and Erie Lordstown are poorly drained soils . Mr . Lovi stated that it is important to realize that with the particular area being developed in this site plan there is no possibility of increased development on this site . Mr . Lovi stated that what this Board Planning Board 14 January 18 , 1983 may be approving is a very particular and specific development . He noted that there are certain areas which have those soils and commented on the buffer area - - the part closest to the swamp . Mr . Lovi pointed out that the area itself is going to be raised by some 2 feet and substantial drainage improvements put in . It was also noted that , of the soils being discussed , Tuller was to the east and Erie Lordstown to the west . Dr . Olson , it was pointed out , was representing the Plantations and was a member of the Natural Areas Committee . Mr . Fabbroni commented that the area was scarified and the soils removed , thus the development is essentially starting out with a scarified site and the developer is trying to recreate a well - drained surface , and it is that which the Board is trying to evaluate . Mr . Thaler stated that he had discussed this proposed resolution with the Town Attorney yesterday and that he ( Thaler. ) thought Mr . Buyoucos had incorporated a misconnotation insofar as the " lane " is concerned and it appearing as a restrictive covenant running with the land incorporating it in any deed . Mr . Thaler emphasized that it was not their intention , with respect to the lane located west of the pond , that that lane be for anyone else ' s property than that of Mr . Manos if he exercised the option to purchase additional land lying to the north . Mr . Thaler stated that if Mr . Manos does not exercise that option , there is , therefore , no need to memorialize it in any deed . Mr . Stanton asked if Mr . Manos were to decide this matter of the option tomorrow , would this requirement about the right - of -way apply to the next owner . Mr . Thaler thought probably , but expressed his unhappines with the wording in section 1 of Appendix A , as read . [ " Notwithstanding , the developer shall retain a right - of -way of no more than 25 feet for the specific purpose . . . incorporated with and made a part of any conveyance , lease , or transfer of title of any kind . " ] Mr . Thaler pointed out that this lane would be an unpaved access road . Mr . Fabbroni stated that he was not in on that discussion , however , his own reaction is that that portion of Appendix A does not do anything for a site plan held by one developer . Mr . Fabbroni pointed out that through the process of approving this specific site plan , that land is going to be empty . Mr . Fabbroni stated that lie saw nothing gained by that whole paragraph . Mr . Thaler stated that he did not either and stated that it adds to confusion rather than to clarity . Mr . Thaler pointed out that the six acres that lie to the west remain undeveloped and stated that the only potential use of this acreage is the access lane for the use and benefit of the owner of that particular piece of property and only that . Mr . Thaler stated that this paragraph leads to ambiguity and it may be intended that someone in the back to the north has the right to use it . Mr . Thaler said that he assumed the paragraph refers to a letter which had been sent to Chairman May . Planning Board 15 January 18 , 1983 • Mr . Fabbroni stated that the only purpose he could see for having such a thing in a deed is if the Town were going to maintain the pond and that is not the purpose . Mrs . Grigorov asked that if this paragraph were dropped , would the developer still be able to have a maintenance road . Mr . Lovi commented that he thought the purpose was , since the six - acre parcel is to remain undeveloped , that there would have to be some way to get into this area . Mr . Thaler stated that this roadway was discussed and all agreed to between Cornell and Mr . Manos in that a part west of the pond could be held for roadway . He stated that it was agreed that any roadway would tip to the east and drain to the east as opposed to the west , that was the criteria . He reiterated that it was not the intent to allow access from King Road to the back land . Mr . Thaler noted that this was fine with them , however , he was very concerned with the ambiguity of this wording within the resolution that might give someone on an adjoining piece of land the right to gain access to the land . Chairman May asked if it would better worded by taking out the last sentence - - " The specific boundaries of this right - of -way shall be marked upon the final site plan and shall specifically constitute a restrictive covenant running with the land which shall be incorporated with and made a part of any conveyance , lease , or transfer of title of any kind . " Mr . Fabbroni pointed out that earlier on in the " resolved " part of the resolution just read it states very carefully how any disagreements would be handled . He stated that it seemed to him that this would be the control , including matters such as access to the pond . Mr . Fabbroni stated that he thought , by putting in this wording , some cloud appears with respect to other people . Ms . Shirley Egan , Associate University Counsel , noted that Mr . Fabbroni was referring to paragraph # 2 of the proposed resolution wherein disagreements between Cornell University and the developer- are addressed [ # 2 reads : " If Cornell University and the applicant cannot agree at any time in the course of construction as to whether the measures in mitigation of the project are being carried out , then either party may submit written reports of the facts , containing recommendations to the Planning Board and the matter shall be resolved by the Planning Board . " ] Ms . Egan stated that they have talked about this with Mr . Manos . Ms . Egan stated that she was always leery about calling anything a " right - of - way " . MOTION b :y Mr . Montgomery May , seconded by Mr . David Klein * RESOLVED , that the Motion to adopt the foregoing Resolution be amended such that paragraph 1 of Appendix be amended such that • the four sentences following the first sentence , i . e . , " Notwithstanding . . . of any kind . " , be deleted in entirety . i Planning Board 16 January 18 , 1983 ' There being no further discussion , the Chair called for a vote . Aye - May , Mazza , Schultz , Klein , Baker , Stanton . Nay - None . Abstain - Grigorov . The MOTION was declared to be carried . Further discussion of Appendix A followed with Mr . Thaler indicating that the first sentence delineating the site of the open space was not quite accurate . It was agreed that the following description was better : " An open space at the most westerly part of the applicant ' s property containing approximately six acres and bounded on the south by East King Road , on the west by lands of Cornell University , on the north lands of Paul Erdman , and on the east by a ' swale ' on other lands of applicant , all as more particularly . . . shall remain undeveloped . " MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton * RESOLVED , that the Resolution as amended , be further amended to reflect the changes and corrections as discussed , i . e . , ( 1 ) name of development , Majestic Heights , throughout , ( 2 ) latest revision date , January 14 , 1983 , throughout , ( 3 ) description of open space change ; ( 4 ) wording changes . There being no further discussion , the Chair called for a vote . Aye - May , Stanton , Baker , Schultz , Grigorov , Klein , Mazza . Nay - None . The MOTION was declared to be carried unanimously . Chairman May now called for a vote on the Resolution , as moved by Mr . Stanton , seconded by Mr . Klein , and as amended . Aye - May , Stanton , Baker , Schultz , Grigorov , Klein , Mazza . Nay - None . The AMENDED MOTION was declared to be carried unanimously . For purposes of the record , the Resolution adopted by the Town of Ithaca Planning Board this date , January 18 , 1983 , is as follows : " A RESOLUTION MAKING A DETERMINATION OF ENVIRONMENTAL NON - SIGNIFICANCE FOR THE REZONING OF 30 + ACRES FROM R- 15 RESIDEN - TIAL TO MULTIPLE - FAMILY AND FOR THE CONSTRUCTION OF 119 DWELLING UNITS IN 17 BUILDINGS PLUS ONE PRIVATE HOME AND ONE SERVICE Planning Board 17 January 18 , 1983 • BUILDING ON TOWN OF ITHACA TAX PARCEL 6 - 44 - 1 - 4 . 31 , BILL J . MANOS OWNER AND DEVELOPER , MAJESTIC HEIGHTS . WHEREAS , the applicant , Bill J . Manos , has fully complied with the requirements of the Town of Ithaca Local Law # 3 , 1980 which was established pursuant to the New York State Environ - mental Quality Review Act ( 6 NYCRR 617 ) , and WHEREAS , the Town of Ithaca Planning Board finds that : 1 . The applicant , Bill J . Manos , seeks to construct a multiple residence project on a 30 + acre parcel of land north of East King Road ( Tax Parcel 6 - 44 - 1 - 4 . 31 ) consisting of : ( a ) seventeen wood frame buildings in each of which will be constructed 7 rental units in the proportions of four single bedroom and three two bedroom ; ( b ) one service building for the storage of maintenance equipment , tenant storage , and laundry facilities for the residents of the project ; ( c ) a private one family residence which will be occupied by the applicant , and 2 . The Planning Board has undertaken a coordinated SEQR review of both the rezoning proposal and the site plan in an effort • to promote an efficient use of its time and resources and to expedite a thorough environmental assessment of this project , and 3 . The principal issue of environmental concern has been the impact of this project on an upland swamp area of approxi - mately 50 + acres located to the north and northwest of the applicant ' s property and known as the South Hill Swamp and which includes a parcel of 6 . 15 acres owned by Cornell University ( Tax Parcel 6 - 44 - 1 - 3 ) ; this area has been in - cluded in an inventory of unique natural areas by the Tompkins County Environmental Management Council , and 4 . The Planning Board of the Town of Ithaca on December 21 , 1982 , at. a Public Hearing , notice of which was duly pub - lished and posted , fully reviewed the Environmental Assess - ment Form ( long version ) prepared by the applicant and requested substantial revisions of this Form , and the applicant has complied with these requested changes in all pertinent respects , and 5 . The Planning Board has listened to and considered public opinion , as expressed to them , and all additional informa - tion submitted regarding the environmental effects of this project at a public hearing called for this purpose , and • 6 . There has been general agreement by the staff of the Cornell University Plantations and the administration of Cornell Planning Board 18 January 18 , 1983 • University that the Majestic Heights housing complex , as proposed , will not interfere with the ecology of the South Hill Swamp , and 7 . Mr . Manos has agreed to work with the staff of the Cornell University Plantations in order to safeguard the ecological integrity of the South Hill Swamp in the future , and 8 . Cornell University and the applicant have met and agreed on measures which Cornell reports will provide adequate pro - tection of the ecology of the above - described sensitive area ( a general summary of these measures is set forth in Appen - dix A to this Resolution ) and thus Cornell will not oppose the approval of the project as appears in the most recently revised site plan submitted by the applicant , dated January 14 , 1983 , and 9 . The Planning Board has given long and careful consideration to the environmental impacts of the project and finds that : ( a ) the Environmental Assessment Form as revised by the applicant adequately addresses the environmental quE! stions , and ( b ) further finds that the mitigative measures agreed upon by Cornell University and the applicant and their agreement to cooperate throughout the course of the construction of the project will provide adequate protection to the South Hill Swamp Area , and ( c ) further finds as a result of the foregoing that the applicant ' s project will not have any adverse effect on the Swamp Area , and 10 . There have been no complaints or requests for further formal environmental review by any individual or group at any of the three Public Hearings ( December 21 , 1982 , January 4 , 1983 or January 18 , 1983 ) specifically called for this purpose , THEREFORE , IT IS RESOLVED THAT : le The Planning Board of the Town of Ithaca , acting as lead agency in the environmental review of the Majestic Heights housing complex , declare and hereby does declare that this project , as specifically represented and described and as specifically shown on the site plans submitted to the Town of Ithaca Planning Board , dated December 15 , 19821 revised December 29 , 1982 and January 14 , 1983 , will have no adverse environmental impact on the South Hill Swamp and that a Negative Declaration - Determination of Non - Significance shall be filed with the New York State Department of Environmental Conservation and all other affected agencies . i2e If Cornell University and the applicant cannot agree at any time in the course of construction as to whether the o .ALL TO POTE977AL CAN IrIPACT BE + 'nDERAI"E LARGE REDUCED BY THPA T IMPACT PROJECT CPANGE Construction in a designated floodway• X Other impacts : C7FF_SiT�— L 2. PILL THERE BE AN EFFECT 1"0 ANY UNDUE 9R UN1tSUAL LP.ND Fnp�yS A9 YES FOUND 0'i THE SITE? ( i . e. cliffs , dunes , geological forma. .� tions . etc . ) Specific land forms : ( >_ r ) eLs _C=MS 1IA F IT- f o MPACTON WATER N0 YES 3. WILL PROJECT AFFECT ANY WATEP BODY DESIGNATED AS . . . . . . Poo PROTECTED ? ( Under Articles 15 , 24 , 25 of the Envir- Orcental Conservation Law, L . C . L . ) 0 0 1 Examples that Would Apply to Column 2 ' " Dredging more than 109 cubic yards of material from channel of a protected stream . - -- �— -, Construction in a designated freshwater or tidal wetland , we e. Other impacts : S S. WILL PROJECT AFFECT ANY 11011- PROTECTED EXISTIIIG 0° NF. H NO YES �• BODYOF 1;ATERltoo * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .��'+� • Examples that Would Apply to Column 2 e A 104 increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease . �� "" •- - Construction of a body of water that exceeds 10 acres of Surface arra . - Other impacts : 5. WILL PROJECT AFFECT SURFACE OR GROUNDMTER QUALITY? YES — Exam les that N'ould Apply to Column 2 Project will require a discharge ppm. we I Project requires use of a source of water that does not have approval to serve proposed project . ..�. Project requires water supply from wells with greater than � 5 gallons per ninute pumping capacity . Construction or operation causing any contaminatior, Of a public water supply system . Project will adversely affect groundwater. ] Liquid effluent will be conveyed off the site to facilities which presently do not exist or have ----- inadequate capacity. Project requiring a facility that would use water in xcess . of 2n .000 gallons per day. --- 4 --- - Project . ill likely cause siltation or other discharge into an existing Cody of water to the extent that there -----� Will be an obvious visual contrast to natural conditions . . t1ALL TO POTENTIAL f.A7 111?ACT BE MDEPATE LARGE REDUCED DY I:4PACT I! 'PACT PROJECT CHANGE • Other Imo act s : ' I E . :JILL PROJECT ALTER DRAINAGE FLO" a PATTEWIS OR SURFACE !LATER NO YES ' RUNOFF? . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Exanole that I:ould Pnply to Colurm 2 II Project would imede flood water flows . Project is likely to cause substantial erosion . Project is incompatible with existing drainage patterns . Other impacts : IMPACT 03 AIR NO YES i 7. WILL PROJECT AFFECT AIP. QUALITY ? . : . . . . . . . . . . . . . . . . . . . . . . . . .0 Fxar^ples that Would Apply to Colur" 2 Project will induce 1 .000 or more vehicle trips in any given hour, { Project will result. in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed S _ _ .,•, lbs . per hour or a heat source producing mor? than 10 million , BTQ! s per hour , Other impacts : 440 YES Be WILL PP.OJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? 0 Examples that Would Apply to Column 2 Reduction of one or more species listed on the flew York or Federal . list , using the site , over or near site or found on the site . Removal of any portion of a critical or significant wild - ti life habitat. ApT1lication of Pesticide or heibicide over more than, .,?1 tvice a year other than farzjeelc itural purposes . OV)ar inpacts : _ 9 . '.TILL PROJECT SUBSTANTIALLY AFFECT H0111 -7HREATEREO OR 110 YES ENDA110ERED SPECIES? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Example that Would Apply to Column �2 . Project would substantially interfere with any resident ---� _ or migratory fish or wildlife species . •- Project requires the removal of more than V! acres of mature forest (over 10r) years in ane ) or other locally important vegetation . , - 7- MALL To PCTENTIiL,L CA3 IriPACT BE - 4 .QDERATE' LARGE P.EOUCEO BY I*IPACT I'{rACT PROJECT Cl.AIiSE V PACT 0 VIVIL RFSI,RCE Igo . VILL T4E P00JECT AFFECT VIEWS , VISTAS OR THE V ? SUAL NO IES CHARACTER OF THE IIf.' IGHBORNOOD OP CO"'N' 1!IITY ? 00 . . . . , . Examnles that t►ould Apply to Column 2 An incompatible visual affect caused by the introduction ed of ne+l materials , colors and/or forms in contrast to the surroundine landscape . A oroject easily visible , note easily screened that is s obviously different from nthers around it . Project will result in the elimination or major ; '— screening of scenic views or vistas known to be important to the area . Other impacts : IMPACT ON HISTORIC RESOURCES Ile WILL PROJECT IS;PACT ,ANY SITE OR STRUCTURE OF HISTORIC , NO YFS PRE - HISTORIC nP, PALEONTOGICAL I1 'POPTANCE? . . . . . . . . . . . . . . < < < IVN Examoles that Would bol y to Column 2 Project oeeurino wholly or nartially within or contiguous to any facility or site listed on the National P.enister of historic places . Any impact to an archeological site or fossil bid located _� Y within the project sane . Other impacts : � IMPACT ON OPEN . SPACE b P.ECREATIOt! 12 < 14ILL THE PROJECT AFFECT THE OUA11TITY OR QUALITY OF EXISTING NO YES OR FUTURE OPEC! SPACES OR RECREATIONAL OPPORI'U01ITIES ? . < < < - < Examples that :Would Apply to Column 2 The permanent foreclosure of . a future recreational onortunity . A major reduction of an open space important to the cotrnunity. . - - �• Other impacts : 2 E: IMPACT Ot! TRANSPORTATION 13 . " ILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION 110 YES SYSTEMS? < . . . < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � �� Examples that Would Apply to Column 2 ' 1 Alteration of present patterns of rovement of people and/ or goods , Projectwill result in severe traffic Problem:; . Other impacts : SMALL TO POTENTIAL CAR IMPACT CE MDERATE. LAnGE REDUCED BY IMPACT ViPACT PROJECT U'ANGE IMPACT ON ENERGY 14 . HILL PROJECT AFFECT THE CO'wUNITIES SOURCES OF FUEL OR ' t.0 YES Et, ERr,Y SUPPLY? rVN Examples that Would Apply to Column 2 Project causing greater than 5% increase in any form of _ energy used in municipality . Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences . Other impacts : IMPACT 0111 NOISE . 15 . WILL THERE BE OBJECTIONABLE ODORS , NOISE , GLARE , VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT ? . . . . , � Examples that I•Iould ADoly to Colum, . 2 Blasting within 1 , 500 feet of a hospital , school or other sensitive facility . . I * Odors will occur. routinely ( rare than one _ hour per day ) . Project will produce operating noise exceedinn the local ambient noise levels for noise outside of structures . Project will remove nai: ural barriers that would act as a noise screen . Other impacts : IMPACT ON HEALTH & HAZARDS . . NO: YES 16 . HILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? . . . . . . . . . . . . . Examples that Would Apply to Column 2 Project will cause a risk of explosion or release of hazardous �- -� substances ( i . e . oil , pesticides , chemicals , radiatio ,:: , etc . ) in the event of accident or upset conditions , or there will be a chronic low level discharge or emission . Project that will result in the burial of " hazardous wastes " »— ( i . e . toric , poisonous , highly reactive , radioactive , irritating , infectious , etc . , includinn wastes that are solid , semi -- solid , liquid or contain gases . ) Storace facilities for one million or more gallnns of liouified natural gas or other liouids . Other imDacts : -- - - - - - - - -- -- - �_ _ — —_ it > EAF ENVIRONMENTAL ASSESSMENT - PART II • Project Impacts and Their Magnitude General Information ( Read Carefully ) In completing the form the revieWer should be guided by the question : Have my decisions and determinations been reasonable? The reviewer is not expacted to be an expert environmental analyst . - Identifying that ar effect will be potentially large ( column 2 ) does not mean that it is also necessarily significant . Any large effect must be evaluated in PART 3 to determine significance . By identifying an ffec' ct in column 2 simply asks that it be looked at further. The Examples provided are to assist the reviewer by showing types of effects and wherever passible the threshold of magnitude that would trigger a response in column 2 . The examples are generally applicable throughout the State and for most situations . But , for any specific project or site other examples and/or lower thresholds may be more appropriate for a Potential Large Impact rating . Each project , on each site , in each locality , will vary. Therefore , the examples . have been offered as . guidance . They do not constitute an exhaustive list of impacts and thresholds to answer each question. - The number of examples per question does not indicate the importance of each question . INSTRUCTIONS (Read Carefully ) a . Answer each of the 18 questions in PART 2 . Answer Yes if there will be an14 effect . b . t'.,aybe answers should be considered as Yes answers . e . If answering Yes to a ouestion then check the appropriate box ( column I or 2 ) to indicate the potential size of the impact . If impaact threshold equals or exceeds any example provided , check column 2 . If impact will occur but threshold is lower than example , check column 1 . ' d . If reviewer has doubt about the size of the impact t1Te�r . consider the iuipac : as potentially large and proceed to PART 3 . e . If a potentially large ir;;pact or effect can be reduced by a change in the project to a less than large magnitude , place a Yes in column 3 . A No response indicates that such a reduction is not possible . SMALL TO POTENTIAL CAN IMPACT BE MODF.FJ11 E LARGE REDUCED BY . IMPACT IMPACT PROJECT CHANGE IMPACT- ON LAND NO YES WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE 70 00 PROJECT SITE? Examples that kould Apply to Column 2 r Any construction on slopes of 15% or greater , ( 15 foot rise per '— 100 foot of length ) , or where the general slopes in the project area exceed 10% . Construction on Land where the depth to the water table is less ^ . � than 3 feet . construction of raved parking area for 1 , ^? ? or mare vehicles . Construction on land where bedrock is exposed or generally -� • /� -F=5 within 3 feet of existing ground surface . -F=- _, Construction that will continue for more than 1 vear or involve _ x eS more than one phase or stage . _ Ex. cavation for mining purposes that would remove more than 1 , 000 X_ tons of natural material ( i . e . rock or soil ) per year . Construction of any new sanitary landfill . _ 5_ c tLL TO POTENTIAL cAff 1 Pr. gE h, • 10DERATE LARGE . REDUCED BY Sit IUACT IMPACT PROJECT MANGE IMPACT ON GRIMM AND !CHARACTER OF COMMUNITY OR NEIGNRORHND 17 , WILL PROJECT AFFECT THE CHAPACTER t�F THE EXISTING, NO YES COMMUNITY? . . . . . . . . .. . . . wee . . 000600009 * 0 . . . . . . . . . . . . . . . . .® 0 Exa:nle that Would Apoly to Column 2 The population of the City , Town or Village in which the .- -- •' j project is located Is likely to grow by more than 5% OF resident human population . The municipal budgets for capital expenditures or opera - ting services will increase by more than 5% per year as a result of this project . Will involve any Derinanent facility of a non- agricultural —use in an agricultural district or remove prime agricultural lands from cultivatfor. . _ The project will replace or eliminate existing facilities , - structures or areas of historic importance to the co.... unity . Development will induce an influx of a particular age .p---•group -with special needs . Project will set an important precedent for future projects . .-- - Project will relocate 15 or more employees in one or eiore `— businesses. Other impacts : . -- -- i I NO YES 18 , IS THER PUBLIC CONTROVERSY CO\CERiI !iG THE PROJECT ? . � . . . . .� 1 Examoles that Would Apply to Column 2 Either government or citizens of adjacent communities have expressed opposition or refected the project or have not been contacted . Objections to the project from within the corrrunity . — --- ~• IF ANY ACTION Ii. PART 2 IS IDENTIFIED AS A POTERTIAL LARGE IMPACT OR IF YOU CANNOT DETERMINE THE MAGNITUDE OF IMPACT , PROCEED TO PART 3 . F'ORTI0115 OF EAF CO?IPLETEO FOR THIS PROJECT : , . QETERMINATION PART I . ;�L`. _ PART IIPART 3 Upon review of the information recorded on this EAF ( Parts 1 , 2 znd 3 ) and considerinq both the magnitude and importance of each PREPARE, A t1EG,d1'IVt DECLARATIONimpact , it is reasonably determined that : A . The project will result in no major impacts and , therefore , is one which may not cause significant damage to the environment . _ Although the. project could have a significant effect on the �J environment , there will not be a significant effect in this case PREPARE A NEfaTIVE DECLARATION because the mitigation measures described in PARI. 3 have been - included as part of the proposed project . C . The project will result in one or more major adverse impacts PREPARE POSITIVE DECLARATION PROCEED WITH EIS that cannot be reduced and may cause significant damage to the enviro ment . uI - • ; S`ignatur'e, of rCpsponsible Official in Lead Agency Signatur4of 'Prepare' r different ,frg r 1ponsible officer ) ___ __ __ _ l/ Prtnt� or Lyne•Tn_age of responsfbi^e official In Lead Agency Planning Board 19 January 18 , 1983 • measures in mitigation of the project are being carried out , then either party may submit written reports of the facts , containing recommendations to the Planning Board and the matter shall be resolved by the Planning Board . APPENDIX A 1 . An open space at the most westerly part of the applicant ' s property containing approximately six acres and bounded on the south by East King Road , on the west by lands of Cornell University , on the north by lands of Paul Erdman , and on the east by a " swale " on other lands of applicant , all as more particularly shown on the site plan dated December 15 , 1982 revised December 29 , 1982 and January 14 , 1983 shall not be used for any purpose including , without limitation , recreation but shall remain undeveloped . Trees and foliage in the area may be trimmed in accordance with good forest management practices , as agreed upon between the owner of the subject property and Cornell University , for the purpose of prote= cting the ecology of the South Hill Swamp and any flora . If the parties cannot agree , then the matter shall be referred to the Town of Ithaca Planning Board for determination . The foregoing shall constitute specifically a restrictive covenant running with the land which shall be incorporated with and made a part of any conveyance , lease , • or transfer of title of any kind , of the property or any portion of or interest therein . 2 . The attached Parts II and III of the Environmental Assess - ment Form identify the environmental effects of the Project in greater detail and describe the mitigative measures to be taken by the developer in order to insure that the ecology of the South Hill Swamp is preserved . ENVIRONMENTAL ASSESSMENT - PART III IMPACT ON LAND 1 . WILL THERE BE AN EFFECT AS A RESULT OF PHYSICAL CHANGE TO PROJECT SITE ? There may be some blasting required in order to lay utility lines . However , the amount of blasting required can be reduced substantially through careful utility design . Furthermore , the developer must notify , in writing , residents in the area who might be affected , reasonably in advance of the date when blast - ing will occur , giving the date and hour . The project will proceed in phases from east to west across the site as indicated on the engineering drawings . There shall be no construction materials stored on site except those needed • for the completion of any present phase of the construction . The rate of construction should be more clearly determined as the developer gauges the demand for this housing in the community . Planning Board 20 January 18 , 1983 • Any such storing shall be subject to reasonable requirements to prevent damage to adjacent properties and the Swamp Area . The possibility for off - site effects on the South Hill Swamp will be reduced by careful design and maintenance of drainageways and culverts . Approximately half the Project area will be maintained as permanent open space and will serve as a buffer between the South Hill Swamp and the Project site . This buffer shall be preserved through restrictive covenants placed in the zoning change and site plan approvals of this Project . 2 . WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LANDFORMS FOUND Ott THE SITE ? As identified by the Tompkins County Environmental Manage - ment Council ' s Inventory of Unique Natural Areas in Tompkins County , the South Hill Swamp is an unusual physiographic for - mation which depends upon a delicate balance of water intake and outflow for its existence . The design of the Project ' s drainage - ways insures that no additional water will enter the Swamp from the site , even in times of high runoff . The preservation of a 6 acre buffer in the northwest edges of the development site , and the willingness of the developer to work with Cornell in the maintenance of the Swamp study area have been made conditions of Planning Board site plan approval . • IMPACT ON WATER 6 . WILL PROJECT ALTER DRAINAGE FLOW , PATTERNS OR SURFACE WATER RUNOFF ? As indicated above , the developer is working and will continue to work with Cornell University in order to safeguard the ecological integrity of the South Hill Swamp . As a condition of final site plan approval , the Planning Board shall require that the sodded drainageways be maintained so as not to increase or decrease the net hydrologic balance of the Swamp or increase the erosion of topsoil . IMPACT ON PLANTS AND ANIMALS 8 . WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES ? Should the mitigative measures described herein be completed and maintained according to responsible environmental design and current engineering practice , there should be no effect at all upon the rare wildlife and plantlife species to be found in the South Hill Swamp . IMPACT ON VISUAL RESOURCE • 10 . WILL THE PROJECT AFFECT VIEWS , VISTAS OR THE VISUAL CHARACTER OF THE NEIGHBORHOOD OR COMMUNITY ? Planning Board 21 January 18 , 1983 • The developer shall utilize native trees and shrubs in his landscaping plan and shall minimize the reflection of car lights into adjacent properties through landscaping and road alignment , by means of measures approved by the Town of Ithaca Planning Board ; as a result there should be no incompatibility between this Project and the present topography and community character . IMPACT ON OPEN SPACE AND RECREATION 12 . WILL THE PROJECT AFFECT THE QUANTITY OR QUALITY OF EXISTING OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTUNITIES ? The establishment of a 6 acre buffer zone along the South Hill Swamp and its maintenance through the joint efforts of Cornell University and the developer significantly improves the value and insures the protection of a unique and interesting botanical and physiographic phenomenon in Tompkins County . This area has important research value to Cornell University and they are to be commended for assisting in the responsible development of this area . APPENDIX B A DISCUSSION OF THE CRITERIA LISTED IN PART 617 . 11 NYCRR WITH RESPECT TO THE ENVIRONMENTAL SIGNIFICANCE OF THE MAJESTIC HEIGHTS HOUSING PROJECT • Criteria # 1 : a substantial adverse change in existing air quality , water quality , or noise levels , a substantial increase in solid waste production ; a substantial increase in potential for erosion , flooding , or drainage problems ; Evaluation : The project should have no substantial adverse change on existing air , water , or noise quality . Any increase in the quantity of solid wastes produced can be easily handled through the existing public sewers . The existing retention pond has adequately handled the increase in erosion potential caused by the aborted prior development for the past 8 years . The drainage plan presented by the developer will carry drainage offsite in such a way as it will not interfere with the hydro - logic balance of the South Hill Swamp . The site itself is well drained and there should be no flooding or other drainage prob - lems . Criteria # 2 : the removal or destruction of large quantities of vegetation or fauna ; the substantial interference with the movement of any resident or migratory fish or wildlife species , impacts on a significant habitat area ; or substantial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species ; • Evaluation : There will be considerable revegetation of the site , as detailed in the landscaping plan presented by the developer and reviewed by the Planning Board in consultation with Planning Board 22 January 18 , 1983 • Cornell University Plantations and the Town of Ithaca ' s Landscape Consultant , Susan Beeners . Care will be taken to select species which are native to the area as well as those which require as little use of chemical pesticides or herbicides as possible . The project has been sited and designed to minimize the effect it will have on the flora and fauna of the South Hill Swamp , The Planning Board has considered the expert testimony of the Cornell Plantations staff and is reassured by their assertions that this project will protect their botanical and wildlife study area . Criteria # 3 : the encouraging or attracting of a large number of people to a place or places for more than a few days compared to the number of people who would come to such a place absent the action ; Evaluation : There will be approximately 250 - 300 permanent residents when the project is completed as planned . Based upon present planning and engineering practice , the intensity of activity created by this population density can be well supported by the facilities , as designed . The existing public utilities are sufficient to handle the requirements of this population , and East King Road has sufficient carrying capacity to handle the peak hour demands this project will create . Criteria # 4 : the creation of a material conflict with a commu - nity ' s existing plans or goals as officially approved or adopted , Evaluation This project is consistent with the Planning Board ' s comprehensive planning process and the realization that South Hill has presently unmet housing needs , particularly for young couples , which would be well - served by this project . As available space in Northeast and East Ithaca is at a premium , the Planning Board anticipates that more development will be occur - ring on South Hill in the future . Criteria # 5 : the impairment of the character or quality of important historical , archeological , architectural , or aesthetic resources or neighborhood character , Evaluation : The essentially residential quality of the immedi - ate neighborhood will be enhanced by this project and the preser - vation of open space will enhance the aesthetic quality and long - term ecological viability of the upland swamp area . Criteria # 6 : a major change in the use of either the quantity or type of energy , Evaluation . As all the apartments will be electrically heated and well insulated , there will no significant change in the type of energy used in comparison with other residential developments throughout the Town of Ithaca . Criteria # 7 : the creation of a hazard to human health or safety ; Planning Board 23 January 18 , 1983 • Evaluation : The only possible danger to human health would be in the event of blasting for the installation of utility lines . The developer will be expected to notify all neighbors of the time and date when blasting and will be expected to follow accepted precautions during construction and maintenance of the project . Criteria # 8 : a substantial change in the use , or intensity of use of land or other natural resources or in their capacity to support existing uses , Evaluation : The planned intensity of use is not significantly higher than that found in other residential districts throughout the Town of IIthaca . Criteria # 9 : the creation of a material demand for other actions which would result in one of the above consequences ; or Criteria # 10 : changes in two or more elements of the environ - ment , no one of which has a significant effect on the environ - ment , but which taken together result in a substantial adverse impact on the! environments Evaluation . It is possible that a project of this sort may lead to other requests for additional land to be zoned Multi - ple - Family and for additional commercial land to be developed . • It is the considered judgement of the Planning Board as part of its comprehensive planning process for the Town of Ithaca that South Hill will support a variety of uses in the future . However , as a direct result of this project there will not be changes in two or more elements of the environment which will synergistically result in an adverse environmental impact . Criteria # 11 : two or more related actions undertaken , funded or approved by an agency , no one of which has or would have a significant effect on the environment , but which cumulatively meet one or more of the criteria in this section . Evaluation : This project involves the approval of two agencies in order to proceed . The environmental review has been coor - dinated by the Planning Board as lead agency in view of this Board ' s more particular experience in land use matters and its overall responsibility for comprehensive land use planning throughout the Town of Ithaca . Neither the rezoning nor the site plan approval , as such , would have a significant environmental impact . This determination is not changed by their merger in this unified permitting process . " Chairman May stated that he had received a letter dated January 13 , 1983 , from Paul B . Erdman , Box 46 , Arkport , NY 14807 , and that it will be entered into the record . Mr . May • noted that it is the recommendation of the staff and the feeling of the Board that there are other access roads available and that this matter should not be handled in this way . Copies of the M Planning Board 24 January 18 , 1983 ' above - noted letter , as set forth below , were distributed to the Board members . " IN RE : Letter of Record Dated December 21 , 1982 from Shirley K . Egan , Associate University Counsel Dear Mr . Chairman : I am the owner of lands to the north and northeast of the Cornell University South Hill Swamp and read with great interest the engineering data presented relative to drainage . After a review of the detailed topographic mapping to the north and east and knowledge of the soils conditions , it is evident the assumptions contained in the letter are indeed questionable . At the present time the Sibley Corporation has an option on 34 acres adjacent to the University property and from correspondence in my possession it appears they intend to sell the option with the parcel they presently own . The prospective owner has not contacted me so I must assume there is no intention of exercising the option at: this time or in the future . If this is not done in the stipulated time I intend to develop and / or sell the land . Any development will be in conformance with the present zoning designation . Accordingly , and in the interest of safety for future • development , I ask the Board to provide right - of -way west of the pond for access to lands north of the Sibley and University parcels as originally approved . With respect to the concerns of Cornell University , I feel satisfactory development can take place with proper drainage design . If I become the developer I will cooperate with the University providing they are willing to accept sound engineering practices . I sincerely appreciate the consideration of the board and respectfully request this letter be made part of the record of the proceedings . " Mr . Fabbroni pointed out the future access to the lands referred to in Mr . Erdman ' s letter from Troy Road , noting that the Board had , when the 19 - lot subdivision of Erdman ' s land was approved , left an access to those lands to the north . Mr . Fabbroni stated that he thought the Board could leave it at that now . MOTION by Mr . Montgomery May , seconded by Mr . James Baker : WHEREAS : • 1 , the applicant has sought permission from the Town Board to rezone 30 + acres of land in tax parcel 44 - 1 - 4 . 31 from Residential - 15 to Multiple - Family , and Planning Board 25 January 18 , 1983 • 2 * the applicant has presented a proposal to the Planning Board for the construction of 119 dwelling units in 17 buildings in the proportion of 3 two - bedroom to 4 one - bedroom units , and 3e proposes the construction of a service building which will contain storage space for each of the apartment dwellers , a laundry ., and storage space for necessary maintenance equipment , and 4a has complied with all provision of the Local Law # 3 , 1980 which provides for the environmental review of actions in the Town of Ithaca , and 5 . the Planning Board has acted as lead agency in order to facilitate a coordinated review of both the zoning proposal and the site plan review , and 6 . the Planning Board has resolved that the project , as presented , will have no significant environmental impact and that a determination of non - significance shall be filed with all affected agencies , THEREFORE , IT' IS RESOLVED THAT : the Planning Board of the Town of Ithaca grant and hereby • does grant final site plan approval for the construction of the project as presented in the most recent set of site plans subject to the following conditions : 1e that the Town Board of the Town of Ithaca rezone the parcel in question from Residential - 15 to Multiple - Family , such rezoning being made contingent upon the development of the project as presented in the site plans in a form acceptable to the Town Engineer , and 2 , any rezoning of the parcel be limited strictly to the 30 acre property and Site Plan as owned by Bill J . Manos , and 39 in the event the land is not fully developed as in the site plan prE! sented by the developer , that should the entire parcel , or any portion thereof , be sold or otherwise transferred to a third party , that the remaining undeveloped portion of the property shall revert to the Residential - 15 designation if not developed as approved , and 49 the developer agrees to consult and work with the staff of the Cornell Plantations in order to insure the continued hydrologic stability of the South Hill Swamp , and 5e furthermore agrees to minimize the use of pesticides and • other chemical agents such as road salt or calcium throughout the project area in order to limit the possibility that significant levels of chemicals may intrude Planning Board 26 January 18 , 1983 into the groundwater of the South Hill swamp and thereby alter the ecological balance within this sensitive area , and 6a the developer will present final landscaping , engineering , and site plans in a form acceptable to the Town Engineer which reflect the complete concerns of the Planning Board concerning fire safety , environmental quality , energy efficiency , aesthetic suitability , screening of mass parking areas , soil stabilization of disturbed grounds , and other matters which fall within its properly delegated site plan review powers , and 7 * the developer will obtain approval of the Tompkins County Highway Department for access drives , from the Tompkins County Health Department for water and sewer plans and from the Southern Cayuga Lake Intermunicipal Water Commission for water plans and drainage and seeding plan for retention ponds , diversion ditches , and disturbed areas prior to the issuance of any building permit . It was rioted that in the " resolved " section , first sentence , the words " dated January 14 , 1983 " should be added after " the most recent set of site plans . . . : " By way of discussion , Mr . Mazza asked where the six acres are shown , wondering if there were plans that show this open area . It was noted that there were not except for the small drawing that Mr . Thaler had presented . Mr . Mazza stated that the resolution needed language that would indicate that the six acres will remain open and undeveloped . Mr . Thaler suggested that the plan be referenced as follows : that the six acre open area shall be designated as shown on a map filed with the Planning Board as an Exhibit to Mr . Manos ' other documents - the westernmost portion as outlined . Ms . Egan suggested referring to the SEQR resolution since that defines it so well . Mr . Thaler stated that that was fine with him . It was decided that a new paragraph , numbered " 8 " , be added as follows : " the approximately six - acre open space shall remain undeveloped and as is shown on map marked " Exhibit A ' received by the Planning Board January 18 . 1983 and entered into the record as part of Final Approval . " Upon discussion , it was agreed that trash pick - up , fire lanes , screening , numbering of parking spaces , stop and / or yield signage , fencing , and other concerns of the Board were adequately taken care of by paragraph 6 in the " resolved " portion . Upon further discussion with respect to cats and trespassing , the following paragraph , to be numbered 9 , was added to the " resolved " portion : " the lease between the landlord and • tenants shall prohibit the keeping of cats on premises and that tenants must be advised that trespassing on the westerly six acres as described in paragraph 8 is prohibited . Planning Board 27 January 18 , 1983 b1OTI0N by Mr . Bernard Stanton , seconded by Mr . Edward Mazza : RESOLVED , that the MOTION to grant final site plan approval in re Majestic Heights be and hereby is amended as noted , There being no further discussion , the Chair called for a vote , Aye - May , G_rigorov , Schultz , Baker , Stanton , Mazza , Klein , Nay - None . The MOTION TO AMEND was declared to be carried unanimously . There being no further discussion on the MOTION , AS AMENDED , the Chair called for a vote . Aye - May , Grigorov , Schultz , Baker , Stanton , Mazza , Klein . Nay - None , The AMENDED MOTION was declared to be carried unanimously . For the record , the Resolution duly adopted by the Planning Board , this date , in the matter of the Manos Final Site Plan Approval , is set forth below : A RESOLUTION GRANTING FINAL SITE PLAN APPROVAL FOR THE CONSTRUCTION OF 119 DWELLING UNITS PLUS ONE STORAGE BUILDING AND ONE PRIVATE HOME ON 30 + ACRES , TOWN OF ITHACA TAX PARCEL 6 - 44 - 1 - 4 . 31 , BILL J . MANOS , OWNER AND DEVELOPER , MAJESTIC HEIGHTS . WHEREAS : i . The applicant has sought permission from the Town Board to rezone 30 + acres of land in tax parcel 6 - 44 - 1 - 4 . 31 from Residential - 15 to Multiple - Family , and 2 , the applicant has presented a proposal to the Planning Board for the construction of 119 dwelling units in 17 buildings in the proportion of 3 two - bedroom to 4 one - bedroom units , and 3e proposes the construction of a service building which will contain storage space for each of the apartment dwellers , a laundry , and storage space for necessary maintenance equip - ment , and 4 , has complied with all provision of the Local Law # 3 , 1980 which provides for the environmental review of actions in the Town of Ithaca , and . 5 . the Planning Board has acted as lead agency in order to facilitate a coordinated review of both the zoning proposal and the Site plan review , and Planning Board 28 January 18 , 1983 ' z 6 , the Planning Board has resolved that the project , as pre - sented , will have no significant environmental impact and that a determination of non - significance shall be filed with all affected agencies ; THEREFORE , IT IS RESOLVED THAT : the Planning Board of the Town of Ithaca grant and hereby does grant final site plan approval for the construction of the project as presented in the most recent set of site plans , dated January 14 , 1983 , subject to the following conditions : 1 , that the Town Board of the Town of Ithaca rezone the parcel in que .; tion from Residential - 15 to Multiple - Family , such rezoning being made contingent upon the development of the project as presented in the site plans in a form acceptable to the 9' own Engineer , and 2s any rezoning of the parcel be limited strictly to the 30 acre property and Site Plan as owned by Bill J . Manos , and 3s in the event the land is not fully developed as in the site plan presented by the developer , that should the entire parcel , or any portion thereof , be sold or otherwise trans - ferred to a third party , that the remaining undeveloped portion of the property shall revert to the Residential - 15 • designation if not developed as approved , and 4 , the developer agrees to consult and work with the staff of the Cornell Plantations in order to insure the continued hydrologic stability of the South Hill Swamp , and 5o furthermore agrees to minimize the use of pesticides and other chemical agents such as road salt or calcium through - out the project area in order to limit the possibility that significant levels of chemicals may intrude into the ground - water of the South Hill Swamp and thereby alter the ecological balance within this sensitive area , and 6e the developer will present final landscaping , engineering , and site plans in a form acceptable to the Town Engineer which reflect the complete concerns of the the Planning Board concerning fire safety , environmental quality , energy efficiency , aesthetic suitability , screening of mass parking areas , soil stabilization of disturbed grounds , and other matters which fall within its properly delegated site plan review powers , and 7 , the developer will obtain approval of the Tompkins County Highway Department for access drives , from the Tompkins County Health Department for water and sewer plans and from • the Southern Cayuga Lake Intermunicipal Water Commission for water plans and drainage and seeding plan for retention Planning Board 29 January 18 , 1983 • ponds , diversion ditches , and disturbed areas prior to the issuance of any building permit , and 8e the approximately six - acre open space shall remain undeveloped and as is shown on map marked " Exhibit A " received by the Planning Board January 18 , 1983 and entered into the record as part of Final Approval , and 90 the lease between the landlord and the tenants shall prohibit the keeping of cats on premises and that tenants must be advised that trespassing on the westerly six acres as described in paragraph 8 is prohibited . ADJOURNED PUBLIC HEARING ( FROM OCTOBER 5 AND DECEMBER 7 , 1982 ) FOR FURTHER CONSIDERATION OF FINAL SUBDIVISION APPROVAL OF 124 - UNIT CLUSTER RESIDENTIAL SUBDIVISION AT 1443 SLATERVILLE ROAD , TOWN OI' ITHACA TAX PARCEL NO . 6 - 58 - 1 - 33 . 21 APPROXIMATELY 45 ACRES . JEROLD WEISBURD , OWNER / DEVELOPER , COMMONLAND COMMUNITY . Chairman May declared the Adjourned Public Hearing in the above - noted matter duly opened at 9 : 45 p . m . Mr . Mazza reminded the Board that he has not been participating in any discussions , or vote , on this matter due to a conflict of interest as previously noted , and asked to be excused . • Chairman. May asked Mr . Weisburd if there were any changes or additions to the plans which have been submitted . Mr . Weisburd stated that some very minor changes have been made , noting that they have been submitted to the Town Office , and describing them as follows : 1 . Title Sheet - now referred to as the " Development Plan " , in order to meet the requirement of the wording in the offering plan . 2 . Areas designated as Cluster Common Area , Open Space Common Area within Cluster , all clusters per offering plan , 3 . Names for all the clusters , 4 . A few , slight , engineering changes as suggested by Mr . Fabbroni or by Bolton Point , a . Re - :routing of water main - - eliminating that along Penny Lane - - connecting across the ballfield area with a large pipe . b . Increased radius of entrance curve , Mr . Weisburd commented that his engineers felt that originally a tractor trailer could still enter by going over a mountable curb . He stated that the Department of Transportation indicated their preference that a tractor trailer could go in with one swing and thus the • change to a larger radius at that point . C * A couple of buildings moved within five to ten feet of where they were to make allowance for that radius . Planning Board 30 January 18 , 1983 • 5 . On the entrance sign , the little bollards that were standing up have been eliminated to increase bumper room . Mr . Weisburd stated that everything else is as presented to the Board in October . Mr . Fabbroni inquired about the pond . Mr . Weisburd stated that the pond was changed prior to the October meeting , noting that new elevations were put in to conform with discussions held at that time and since that time no changes have been made with respect to the pond . Chairman May recalled that one of the things discussed at the last meeting was retention dams and location . Mr . Weisburd responded that this was discussed at the meeting before that , adding that there were changes made and , he believed , these are the last . Mr . Fabbroni stated that he had checked the drainage plans and the appropriate details are shown on the 100 - year flood map . Mr . May asked if the staff has copies of the final revisions . Mr . Weisburd stated that they did , adding that they were submittE� d in triplicate . Chairman May asked if there were any comments from the public . Dr . Gerald W . Olson , Cornell University , Department of Agronomy ( Soils ) , spoke from the floor and stated that he would like to give the Board , and the public , information on and • photographs of the soils , in this area . He distributed copies of SOILS . Soil Classification , Soils Tour Southeast of Ithaca , Tompkins Count , to everyone present and referred to the soil maps and photographs in this brochure as he spoke . Dr . Olson began by stating that the soils of this area are very unstable and very hazardous . He stated that he has been taking students into this area for ten years and has observed a lot of things that he wanted to share with the Board . Dr . Olson referred to the soils map in the brochure he distributed and pointed out that the pattern of soils in the Six Mile Creek valley is unique ; it is totally different from all other soil patterns . He stated that this is because Slaterville and Coddington Roads were part of a beach lake 20 , 000 years ago . Referring to Figure 2 in the Brochure , a photograph taken from Slaterville Road looking westward across the valley of Six Mile Creek , and described the complex slopes of Hudson soils formed in eroded lacustrine ( lake - laid ) clayey sediments , he pointed out that one can see the unique topography of the area . These soils have this unique pattern because they were formed in these lake sediments ; they are high in gilts from the old glacial Lake Ithaca . This means that these soils are extremely unstable , in a critical state , and are moving , sloughing , and sliding right now . This is as shown in Figure 3 which showed Lacustrine sediments near Bethel Grove . He stated that the texture of the Hudson and Rhinebeck soils is very fine and pointed out that , in Figure 3 , it is shown that a • drainage way was installed and the soils are sliding through the concrete drainage way . Dr . Olson referred to the insert sheet containing Figure 85 , which showed the historical landslide below Planning Board 31 January 18 , 1983 • Bethel Grove Bible Church southeast of Ithaca and noted that this photo was taken a little over a year ago . He stated that this area has slid many times before . He said you can walk along Six Mile Creek and there will be sediments and added that when these soils are saturated they become liquid and literally " flow " like molasses and added that this photograph proves this . Dr . Olson described a photo , also in the Brochure , taken near Albany in an area where the slope was almost level where the Hudson soil settled and slid cracking the foundation of a house , adding that the slope in the Watershed area runs 8 % to 15 % . Dr . Olson stated that he presented this information to the Board as facts of the area under discussion and summarized by stating the soils are very unstable and will move faster when they are saturated . Mr . Robert Marion , 1463 Slaterville Road , spoke from the floor and stated he would like to make his continuous denial of approval for this site on the grounds of all the mistakes of all parties in accordance with tonight ' s last mistake of leaving out a change that has not been made on the map that has been presented to the meeting tonight . He stated that if the Board is going to give an approval to a map that has not had the significant changes that ought to be made by the Board of Zoning Appeals dealing with buffer zones and what is to be held in buffer zones , then the Board is going against its own regulations . • Chairman May stated that he was sorry , but he did not understand what Mr . Marion was talking about as to map changes not made . Mr . Marion responded - - " good " - - adding that it was because the Board is reading a map with items not there . Mr . May asked Mr . Manion to be more specific . Mr . Marion stated that he was talking about the map in front of the Board and added that Mr . Weisburd did not say that he made the change . He stated that it is going against the buffer zone and his idea of the distance between properties and new additions to the property . Mr . Marion stated that a parking lot was in the buffer zone . Mr . Fabbroni wondered if Mr . Marion was referring to parking lot P6 on Sheet # 2 in Cluster D and off of Penny Lane . Mr . Weisburd noted that " P6 " means parking for 6 cars . Mr . May asked if it were in the buffer zone . Mr . Marion stated that the parking lot area is within the 40 feet that is supposed to be a buffer zone . A discussion of the cluster regulations ensued . It was noted that the parking lot appears to be in the buffer zone . Mr . Marion continued by stating that in the original discussions , Mr . Weisburd stated that he was not going to raze trees . Mr . Marion wanted to know Mr . Weisburd ' s definition of " raze trees . " Mr . Marion stated that it seemed to him that there is a major bunch of trees that now have been buried which once stood between the existing house that has been built by the granting of a building permit . iChairman May stated that he believed that the words were that tree removal or moving was to be minimized as far as Planning Board 32 January 18 , 1983 ' t possible , rather than none as indicated by Mr . Marion . Mr . Weisburd stated that it is impossible to build a house without moving trees . Mr . Marion stated that the woods are no longer woods and asked if one were going to build a house in the woods and then one clears the land so it looks like the rest of the neighborhood , why build the house in the woods , adding that it ' s no longer woods if you ' ve cleared the trees . Mr . Marion stated that Mr . Weisburd had said that he was not going to change the drainage . Mr . Marion wanted to know when Mr . Weisburd was going to change the ditch that goes across the State ditch to the property . Mr . Marion said that Mr . Weisburd also stated that he was going to plant shrubs , trees , and various things that the neighbors were going to want on their boundaries which have not been done at this time . Chairman May stated that he thought Mr . Marion was :being unfair , pointing out that the Board has not granted final approval . He noted that Mr . Marion wanted Mr . Weisburd to start plantings prior to even having final cluster approval . Mr . Marion asked if it was in the wording when the developer would start plantings . Mrs . Schultz read a part of the October 5 , 1982 minutes that pertained to the type of plantings and when they would be started . Chairman May asked if there were any other comments at this point from the public . Mr . Jeff Coleman , 7A Park Lane , Lansing , N . Y . spoke from the floor and read the following statement : " To the Town of Ithaca Planning Board : I am speaking as an individual and as a member of the Six Mile Creek :Preservation Committee . Given the high degree of community concern over the potential environmental impacts of the Commonland development and the fact that the Commonland development is planned to be built in phases , I respectfully request that any Final Approval given for the development contain a mechanism whereby environmental impacts from the development can be monitored and that the Planning Board reserve the power to require additional mitigating measures to curb environmental impacts at any time during the construction of the development . Sincerely , ( sgd . ) Jeff Coleman " Mr . Marion stated that the whole development is being considered , in Commonland language , " a Community within the Community " and asked why it is not in the regulations of the Association the fact that it is changing the character of the neighborhood and the fact that part of the neighborhood does have that type of community . Chairman May indicated to Mr . Marion that this had been thoroughly discussed and a determination made • by the Board at meetings previously held . Mr . May stated that at this meeting ,. the Board is considering final site plan approval Planning Board 33 January 18 , 1983 ' 1 • and listening to what anyone has to say pertaining to the site plan being considered for approval . Mrs . Carolyn Peterson , 110 Dey Street , Ithaca City , spoke from the floor and read the following statement : " l . Members of the Environmental Management Council , the City ' s Conservation Advisory Council , Circle Greenway , Ecology Action , the Six Mile Creek Preservation Committee , the City Council , and the Town Board are interested in protecting the land and creek around the Six Mile Creek watershed . 2 . Noel Desch , the town supervisor , states that the priority for 1983 for the town is to complete the new rezoning . 3 . Contractors and developers , the ad reads in bold print . Prime land in 2 locations , 38 acres near the intersection of Slaterville and Pine Tree Roads . 4 . The Town of Ithaca has the smallest growth rate of any municipality in Tompkins County - - only 2 . 5 % from 1970 - 1980 , or 402 people . 5 . The construction is to be made on unstable , moving soils . Let ' s start with Fact 1 . The Six Mile Creek Preservation Committee is not the only group seeking to protect the creek and its surrounding lands . There is a process already started by the city to declare portions of its property there a " critical natural area , " under a section of the SEQR Act . The Circle Greenway Committee has learned that as of 1970 , the Wildflower Garden area was extended to Burns Road . There are plans to maintain a trail to Burns Road in order to prevent indiscriminate trail -making by hikers . The City Council recognizes the value of owning this property as a scenic and recreational resource for its residents . The 6MCPC is working with these groups to develop the best plans for the usage of Six Mile Creek . Although this Board and the developer has claimed us to be self - serving in our motives , one can hardly ignore the other organizations interested in protecting this beautiful and fragile area . How does one protect it ? Critical area status will help , as suggested by the Town Supervisor when asked how to protect the area from the.+ encroachment of hydropower development . The Town is experienced in this procedure through its Coy Glen designation a few years ago . Another way to protect the area is through zoning . In a conversation with a town board member , it was said that the city residents , as immediate neighbors to the town , have a valid reason to offer input on the rezoning issue . A member of the EMC also suggests that the Town look carefully at Six Mile Creek when rezoning . Because Commonland is such a drastic change • to the current land usage and because it is already creating a possibility of a suburban development strip on Route 79 adjoining an EMC designated unique natural area , contrary to the Planning Planning Board 34 January 18 , 1983 • Board and developer ' s opinions , I would ask that this Board not give final approval at this time . It would be an example of the developer setting zoning priorities before hearings on rezoning take place . We know it is R15 and R30 land and that the town has followed this designation . However it is an inappropriate designation and the allowance of one subdivision will make it more difficult to preclude others , not only on Slaterville Road , but on Coddington Road as well . There is no doubt that Commonland will bring an immense change to the town if approved in its whole concept . Commonland is touted as a needed development to meet housing needs in the community . The Town of Ithaca ' s population does not support that claim . It has grown minimally in 10 years . In fact , Commonland ' s projected number of residents is three - fourths of the town ' s growth in the past decade , and all in one location . It is a huge impact worthy of consideration , both to the neighborhood and the land it borders on . In this case , final approval means the creation of a large population where none existed , creation of a corridor of suburbia on Route 79 , endangerment of a fragile wildflower and wildlife area , building on a hillside of unstable , moving soils , and the sacrifice of the benefits of a major green space for the community to a housing development that could be placed elsewhere . The 6MCPC motives have been second - guessed or deliberately miscontrued by a number of people . A phrase from a one hundred year - old essay in The Head Waters of Cayuga Lake sums our feelings up , even today . ' And the old trees stand around in such graceful attitudes and with such sunny distances between , that there is nothing of gloom , though the whole scene is so primitive and wild , and apparently so remote from human habitation . ' It is this quality of Six Mile Gorge that makes it worth protecting . " Mr . Francis Moon , 507 Turner Place , Ithaca City , spoke from the floor and. cited the other matter which had just been before the Board and the cooperation with Cornell University . Mr . Moon stated that since the city has an environmental commission that looks at some aspects of Six Mile Creek , it seems odd not to require the present developer to cooperate with various agencies of the City with regard to the impact of his development in this Six Mile Creek area . Mr . Moon suggested including that requirement in any approval of the development plan . Mr . Moon continued by saying that , if he were an optimist , he would hope the Board would be swayed by taking a walk in the area under • discussion and would see that this gorge should be preserved for future citizens . In order to do this , he hoped the Board would downscale this; development in keeping with the neighborhood . Mr . Planning Board 35 January 18 , 1983 Moon stated that he was not that much of an optimist , adding that however the Board resolved this matter , whether it restricts it or votes it up or down , he would ask that the Board consider placing a two - year moratorium on future development in the Six Mile Creek corridor between Coddington and Slaterville Roads , Giles Street and Burns Road . Mr . Moon suggested that there be set up a joint City / Town committee to study and recommend future zoning and development of the Six Mile Creek area . Mr . Moon suggested that after this study group has reported to the Town and the City , a common development plan be worked out between the Town and City and its citizens . Mr . Moon asked the Board to please consider this request independently of this development no matter how they vote on this matter and added that hundreds of acres on either side of Six Mile Creek lie ripe for development . Mr . Moon stated he thought it was time for the Town and the City to take a look at the long - range development in the watershed area . Mr . Moon placed with the Board the following statement to summarize his suggestions and comments : " I suggest that the Board institute a two - year moratorium on development between Coddington and Slaterville Roads , Giles Street and Burns Road . I recommend that the Town and City set up joint study committee to study the long - range use , zoning , and development within the Six Mile Creek corridor . Francis Moon . " • Mr . Wei ..burd spoke from the floor and stated that he thought it was time to look between black and white . He stated that when the previous development was discussed at tonight ' s meeting you were looking at a development on 30 acres with 120 units , 6 acres to be undeveloped , and a real critical area adjacent to it . He pointed out that his proposed development is on 45 acres with 124 units and 30 acres to be undeveloped . Mr . Weisburd said that the word " development " is a catch word that the public looks at as " any development is a bad development " and that they are all the same . He commented that it is important to look at the difference between the developments . Mr . Weisburd stated that one should see that 124 units is less than 190 which could be built using a grid on 45 acres in R15 and one should see that 30 acres of open space or 60 per cent of the land is a lot more than the 5 acres which is the 10 per cent requirment of the Town . He stated that people fail to make this difference . He pointed out the facts that in his case the developer is doing the development ; the mitigative measures with respect to the watershed corridor ; recreation space ; open space ; woodlands ; clustering development that works on the whole site - - and stated that all this apparently does not matter - - people just see it as simply " development " . Mr . Weisburd stated that Mr . Marion had made a good point in terms of the buffer zone area . Mrs . Grigorov asked Dr . Olson if he had any mitigating measures to offer . Dr . Olson responded that you need to avoid overloading and having road construction above and undercutting Planning Board 36 January 18 , 1983 . below . Dr . Olson referred to the Blue Cross headquarters in Albany and stated that this organization knew the hazards and invested a lot of money taking care of drainage below the foundations before it was built . Dr . Olson described buffer foundations and stated that it is critical to remove the water going downslope . Mr . Weisburd stated that they did study the soils in this area before starting and he chose this particular design because it spreads the load out over the entire area . Mr . Weisburd pointed out that they have completely built up a drainage pad that is crushed stone and gravel . He described the drainage pipes under the buildings and noted the low bearing value on that soil . Mr . Weisburd described the utilization of a very heavy slab , adding that it is much heavier than normal . With these considerations , Mr . Weisburd commented , they came up with this design , a design for that kind of soil . Dr . Olson stated that he had another anectdote to tell and referred to Bradfield Hall on the Cornell University campus which is built on pilings . He then described Emerson Hall which is a low building connected with that building and is built on a pad . He stated that the Chairman of his department can look through the walls of his office to the next buildings because the soils are moving . • Town Engineer Fabbroni said that he would like to state several facts , and , some of his own conclusions , as follows : 1 . The whole environmental issue of this site - - in a cryptic sort of answer - - has been identified at full length and by the courts so that the Board really needs not reopen that whole issue . Mr . Moon should know that the Town has already expressed their willingness to work with the City . The Town feels , however , that the City should introduce such a study , not the Town . As far as moratoriums go , that is a complex legal matter and would be best considered at the time of any such study . 2 . The Wildflower Garden is totally internal to the City . The Circle Greenway has been seeking to extend their walkway system from Honness Lane at Slaterville Road to the east within Six Mile Creek Corridor . The Board of Public Works , based on several inquiries to date , has not formally agreed to anything . The suggestion that the Circle Greenway goes to Burns Road is in error as far as policy stands . The Planning Board should seriously consider Mr . Moon ' s comments as far as the developer cooperating with the Circle Greenway and the City , 3 . The Town is not aware of the unique aspects of Six Mile Creek corridor above the thirty - foot dam or dam just below Commonland site , so to put this in the South Hill Swamp and Planning Board 37 January 18 , 1983 . unique natural resource category is a little bit inappropriate . 4 . With regard to zoning - - the zoning is as it stands . 5 . With regard to the Town - - the Town grew by 1 , 000 units over the last ten years , The 2 . 5 % figure that was mentioned is only in. the aggregate of population ignoring the increase from four to five thousand units . Figures that would suggest that 124 units , or 300 people , are unlike the other 11000 units , and the people that occupy them , are misleading . 6 . With regard to soils - - Mr . Fabbroni stated that he was appreciative of the fact that Professor Olson has come along , adding that he had a few questions . a ) Mr „ Fabbroni asked Dr . Olson how familiar he was with the specific site plan and this particular development . Dr . Olson responded that he was not familiar with it . b ) Mr . Fabbroni asked Dr . Olson if he were familiar with thE! mitigating measures - retention ponds , check dams , and other stabilization features - to prevent this undercutting and erosion . Dr . Olson stated that he had talked some with Gary Lamont ( District Conservationist , Soil Conservation Service ) . • c ) Mr . Fabbroni asked Dr . Olson if he were aware that Mr . Lamont has talked with the developer and made recommendations . Mr . Fabbroni stated that , since the last meeting , Mr . Lamont has had one of his soil experts again examine the washout area closest to the site and it was his opinion that , because of the soils ' layering and the soils below the impermeable soils , the sub - strataI would drain such that the erosion and slides , some 200 feet from the site , have a very slim chance of spreading in any dramatic way . Mr . Fabbroni noted that that opinion is based on more expert opinion than Mr . Lamont ' s . d ) Mr . Fabbroni said that he would like Dr . Olson to be assured that the existing drainage ways , however small , have been carefully identified and considered . Mr . Fabbroni said that , at the risk of having everyone nodding off , he would cite again Eastern Heights as a case of bad drainage . He pointed out that the Planning Board has seen how a situation can progress in these soils and therefore has discussed mitigating measures as contingencies of approval to keep the erosion process from starting . He noted that they have been very careful about one steep road and the other road follows the existing contours for the most part and re - vegetation must be done . Mr . Fabbroni stated further , in terms of issues to address , that a second access has not really been identified as yet that Planning Board 39 January 18 , 1983 Chairman May stated that the engineer ' s comments were very well advised and asked that we not get into any further discussion on environmental issues . Mr . Dan. Peterson , 110 Dey Street , Ithaca City , spoke from the floor and stated that he did not understand how the Board can do site plan approval and not discuss the environment . Mr . Peterson stated that it was clear that Mr . Fabbroni did not understand what he ( Peterson ) meant when he made his comments at the October 5 , 1982 meeting and , further , that Mr . Fabbroni was confused with regard to the drainage from the pond . Mr . Peterson stated that he would clarify his comments by reading from the following statement : " At the October 5th meeting , I tried to point out that Mr . Weisburd ' s pond poses a great threat for erosion of a precipice ( located at upsteam end of lower reservoir ) . My claims were dismissed by the Town Engineer and I really didn ' t know what he was talking about at the time . Only on reading the minutes of that meeting did I understand that real problem is that he didn ' t understand what I was talking about . Mr . Fabbroni answered me by describing the lay of the land , and a scenario for the movement of water , in the first field , behind the Mrs . Maurice Marion residence . I: was talking , at the time , about the pond , which is in the second. field , about 1000 feet SE of the field Mr . Fabbroni thought I was talking about . One only has to look at a topographical map to determine that runoff .from this pond will be immediately to one side of this cliff . ( far upstream end of lower reservoir ) I stated in October , and I stand by it , that there is new erosion on this cliff . About 2 feet have fallen off of the face since spring and there is a new crevice , about 2 feet wide and 6 to 8 feet back , that has developed to one side . Furthermore , it was only about 5 years ago that enough mud to fill this building slid off the .face of that cliff . It is toward this crevice , next to the cliff , that the diverted water in the pond will run . It is said , in the October 5th minutes , that a 20 year employee of the city , who walks the gorge twice a year , states that there has been no new erosion . I disagree , and I have walked that gorge considerably more than that employee ' s total of 40 times . The no - new - erosion statement is also contradicted in the much quoted letter , dated September 3rd , from Philip Cox , former City Engineer . I quote . ' Area B ' is the site of another landslide which has been developing below our tunnel for the water line . Likewise , we would not want to see this slope area aggravated in any way . ' ( end quote ) iI suggest that you , ( the Planning Board and staff ) have simply neglected the facts in dismissing our valid concerns about Planning Board 38 January 18 , 1983 ' • z can legally be attained at an acceptable grade , however , he would rather have that second access east of the former Marion Fruit Stand , adding that he would prefer to see that access just west of a new home across Maurice Marion ' s estate . He noted that at the access at the west end of the site there is a poor grade . Mr . Fabbroni indicated that perhaps this right does not exist because of the right of way deed , however , he would like to see it at that location rather than the one shown . Mr . Fabbroni stated that , short of that second access , emergency access for fire trucks was to be provided in a minimal way so as not to affect the Clausen property . Mr . Fabbroni noted that , of course , any connection to Slaterville Road must be approved by the Department of Transportation , adding that , should a second full access become possible through other private negotiation , he would support DOT ' s conditioning such future permit on abandoning the service road intersection plan . Mr . Fabbroni stated that , beyond that , he would not advise landscaping between Marion and the development , noting that the Marions felt drainage is further imperiled by vegetation . He commented that for Mr . Marion ' s own enjoyment of his own land , it might make some sense to have a vegetated buffer but only such that he could enjoy the valley but at the same time screen out buildings and the road adjacent to his property . Mr . Fabbroni stated that any other points to be addressed • are covered in the draft resolution . Mrs . Grigorov asked exactly where the road is and Mr . Fabbroni drew a sketch of it on the site plan and. commented that it was a right from the Verne Marion estate transferred to Grennell and Brewer when they purchased the land then turned over to Mr . Weisburd . Mr . May inquired if that were the old City right of way , which , Mr . Fabbroni thought may be the case . It was discussed that it would be preferable in that case to encourage the second access and it was noted that old City right of way splits the property and its purpose antiquated . Mr . Peter Walsh , of Thaler & Thaler , the developer ' s attorney , stated that he did not think this matter has been broached to the developer before . Mr . Fabbroni stated that that was correct , adding that this is really the first time he has talked about this . Mr . Walsh stated that the second access suggested could be done without major revisions to the plans as they otherwise stand and that there was no objection to this . Mr . Walsh suggested that the matter could be moved with the comments of the Town Engineer , Mrs . Schultz noted that the accesses are a matter for DOT . Mr . Fabbroni stated that the permit is obtained through DOT and referred to a letter which he wrote to DOT indicating that the Town would abandon the request for emergency access if the second access is legally possible . Planning Board 40 January 18 , 1983 this slope , specifically , the erosion that could be caused by the installation of the pond , and in general , the entire long - range effects of allowing Commonland to continue . " Mr . Fabbroni described his understanding of this and stated that Mr . Peterson had said that water from the pond would go over the cliff where the second washout was and that he ( Fabbroni ) had said that there was no way water could get to that landslide area . Mr . Peterson interjected that the water goes around the sides . Mr . Fabbroni repeated that there is no way possible over the surface of the land because of the drainageways that drain away from the drainage area . Mr . Peterson described again the gouge , describing it as huge , and repeated that he disagreed , noting that he has looked at this . Mr . Fabbroni described again the natural sodded area - - into the edge of the woods - - the rock bordered bottom drainageways for about 150 feet - - then bedrock bottom drainageways - - the flows down under the main water transmission main . Mr . Fabbroni stated that there is another off - site waterway feeding to this stream that is unstable and goes into the same waterway 30 feet from where it leaves the site . Mr . Fabbroni stated that in no way , shape , or form is this in proximity to this washed- out area . He stated that the washout has nothing to do with the depressed area where the pond is to be located . Mr ,. Peterson then asked where the water is coming from that causes this gouge . Mr . Fabbroni indicated that it was from above some 100 feet and referenced what Professor Olson had said , and stated that the bigger reason why the slope was falling off was because of the unstable soils on top and these have slipped off of this area . Mr . Peterson commented also on the phenomenon of the 20 -year employee who could see no new erosion and stated that that was just wrong . Ms . Leslie Dotson , Tompkins County Planning Department liaison to the Environmental Management Council , spoke from the floor and stated that she would like to clarify one of the points mentioned by Mrs . Peterson with regard to an EMC member ' s statement as to Town of Ithaca zoning . Ms . Dotson stated that the EMC is aware that any zoning changes would not be tied to existing actions and that the zoning was talked about in connection with the Town ' s new zoning ordinance . Ms . Fay Gougakis , 100 West Seneca Street , Ithaca City , spoke from the floor and stated that it was very unfair of the Board not taking any more environmental issues . She stated that the Board should let Mr . Peterson speak . She stated that also the Board is not taking into consideration the Six Mile Creek Committee at all . She stated that this land is a unique natural resource , adding that the Board is not taking them seriously . She stated that once you ruin the land you never get it back . Ms . Gougakis :Mated that more people would use this land than the people in the development , adding that this development could be • built somewhere else . Ms . Gougakis stated that the land should be saved and used by the people and that government is for the people . v Planning Board 41 January 18 , 1983 Mr . May noted that people own the property and pay taxes on S the property . Mrs . Peterson stated that there have been discussions by the Circle Greenway about the area . Mr . Fabbroni pointed out that discussions have not gotten to the City Board of Public Works . Mrs . Peterson questioned studies about the South Hill Swamp . Mr . Fabbroni suggested that she refer to the littany of the record with respect to the South Hill Swamp , Mr . Moon stated that the city did a waterway study in 1976 , adding that there have been a number of studies of the area which found that the Six Mile Creek area is unique and should be preserved . Mr . Moon reiterated his suggestion that , for the benefit of satisfaction , studies should be done . He urged that the Six Mile Creek area be officially studied . Mr . Peterson spoke of mitigating features , particularly bales of hay and better policing after approval . Mr . Peterson asked if , after the Board gives the developer the final approval , there is a mechanism to make sure that any restriction the Board puts on are being carried out . Chairman May replied that absolutely there is no question about that . He stated that there is a very effective Town staff that will be doing this and that he was unaware of any restrictions that the developer had not carried out at this time . Mr . Fabbroni stated that the control measures that the Town has are carried out both through the Building Inspector via the building permit process and certificate of compliance for occupancy process and through compliance with any final resolution . that the Planning Board may pass as conditions for approval , as well as Town Board acceptance for any roadways , etc . Mr . Fabbroni stated that there are several checkpoints along the way whereby the Town can judge the performance of the developer and can ask for additional improvements necessary to meet the approved plans . Mr . Fabbroni noted that this policing action of the site and development becomes more active after final approval , if given . Mr . Peterson stated that he was speaking of priormajor roadway building . Mr . Fabbroni stated that as far as the Planning Board was concerned that road is nothing more than a driveway . He! indicated again that policing would become more critical after final approval , if that point is reached . Mr . Robert E . Marion stated he wanted to go on record that he agreed with Mr . Fabbroni on the second exit . Mr . Marion stated that he also had a comment - - he would like to thank Mr . Fabbroni for his time and energy and effort that he has spent on this entire procedure and that he would publicly state so . Chairman May closed the public hearing at 11 : 05 p . m . and asked for Board discussion . Planning Board 42 January 18 , 1983 MOTION by Mr . David Klein , seconded by Mr . Bernard Stanton : • Chairman May commenced the reading of draft resolution 011083 . 1 as had been moved and seconded . Mr . Lovi asked that draft resolution 011883 . 1 be substituted . MOTION by Mr . David Klein , seconded by Mr . Bernard Stanton * RESOLVED that draft resolution 011883 . 1 be substituted for draft resolution 011083 . 1 . Aye - May , Grigorov , Schultz , Baker , Stanton , Klein . Nay - None . Chairman May read resolution 011883 . 1 as follows : " WHEREAS : 1 . The Planning Board of the Town of Ithaca has reviewed the site plans , engineering drawing and details , landscaping plans , utility arrangements and all other necessary documents , and the matters of the development which may require examination and determination by the Board all as required and set forth in the provisions of all applicable subdivision regulations of the Town and the provisions of Article 16 of the Town law including , without limiting the foregoing , the provisions of Sections 274a , 276 , 277 , and 281 of the Town Law to the extent they may now be applicable , and has 2 , made a declaration that the Project would not have a significant impact on the environment provided the applicant complied. with all mitigating measures and all other requirements contained in the EAF adopted as part of such declaration , and such decision was confirmed by the decision of the Honorable Frederick B . Bryant , Justice of the Supreme Court dated and filed January 6 , 1983 ( In the Matter of the Application of the Six Mile Creek Preservation Committee , et al vs . Town Planning Board , et al , Index # 82 - 1397 ) , and all notices of such declaration were duly given to and filed with all other agencies and parties entitled thereto , and 3a has actively solicited public comment and has held four public hearings ( June 1 , June 15 , October 5 , 1982 and January 18 , 1983 ) and all material aspects of the project has been thoroughly discussed , investigated and examined , and 4 , that the developer has complied with the letter and spirit of the Town of Ithaca Zoning Ordinance and Subdivision Regulations in an effort to build aesthetically attractive , • affordable equity housing in the Town of Ithaca , and that the clustered housing plan preserves valuable open space Planning Board 43 January 18 , 1983 • within the residential subdivision and reduces the cost of roads , utilities and other public improvements , and 5 . the Planning Board finds that there is a real public need for such moderately priced housing within the Town , and 6e in order to control the density of occupancy of the project and in order to construct a residential development , the construction , use and occupancy of which will contribute to the preservation , as much as can be reasonably done by a project of this type , of community values and to the development of a project in harmony with the character of the neighborhood and the topography of the site , the applicant has agreed to restrict the number of people who may occupy the premises and certain terms under which any dwelling unit in the project may be occupied , leased or assigned , and to a person other than the owner , these conditions will be incorporated in as a part of the Declarations of Covenants and Restrictions , and 7e that the developer has agreed to make these terms and other restrictive conditions part of both the declaration of covenants and the by - laws of the homeowners ' association which will eventually be responsible for the maintenance and smooth operation of the community , THEREFORE , I 'I' IS RESOLVED THAT : The Planning Board of the Town of Ithaca grant and hereby does grant final subdivision approval for the Commonland Community Subdivision as proposed by Jerold Weisburd subject to the following terms and conditions : 1 . The Declaration of Covenants and Restrictions shall at least refer to this resolution and shall incorporate such other matters as the Town Planning Board or the Town Board may require including provisions which shall be included in the deeds conveying title to the units , and 2 . the Declaration of Covenants and Restrictions shall be subject to approval by the Town Board unless the Town Board waives approval and remands the matter of approval to the Planning Board , and 3 . the Declaration of Covenants and Restrictions shall also contain limitations on the rental and occupancy of each residential unit in each of the clustered buildings , and the terms and conditions under which any unit may be leased , assigned , or otherwise transferred , and 4 . the New York State Department of State , Division of Law , also approve the declaration of covenants and by - laws , and • Planning Board 44 January 18 , 1983 • 5 . the New York State Department of Transportation approve the design for the entrance of the project onto State Route 79 , and 6 , the Tompkins County Health Department approve the water and sewer plans for the project , and 7 . Mr . Weisburd shall provide a detail drawing or map in a form acceptable to the Town Engineer describing the construction , drainage , and landscaping plans for the retention pond , including entrance and overflow structures , to be located adjacent to the community center , and 8 . Mr . Weisburd agrees to construct check dams of native rock or - treated railroad ties as the location requires throughout the project , and 9 . Mr . Weisburd shall additionally provide a final landscaping plan in a form acceptable to the Town Engineer which details the species , number , height , caliper sizes , and locations of all plantings within the project ; the seeding recommendations of the Soil Conservation Service shall be sought and implemented for disturbed or unstable areas ; this landscaping plan shall incorporate the many useful comments and requests made by the neighbors and shall to the extent possible satisfy their preferences for particular plantings or arrangements , and 10 . the Town Engineer shall certify that the developer has complied with all provisions of this resolution before any building permit for construction , or any offering for sale , be made . 11 . the applicant shall furnish : a ) a ,subdivision map , prepared by a licensed surveyor , showing such details as the Planning Board or the Town Engineer may require and in a form suitable for filing in the office of the County Clerk , b ) a map of each phase showing each of the dwelling units to be constructed in that phase and a " metes and bounds " description of the properties to be conveyed , and containing such detail as the Town Engineer may reasonably require . " Mr . Peter Walsh , Thaler & Thaler , attorney for Mr . Weisburd , stated that he did have a discussion with Mr . Buyoucos and with Mr . Lovi on the draft resolution . Mr . Walsh stated that , as the Board knows very well , there have been extensive efforts on the part of the developer to conform the plans to the needs of the Town and the Board . Mr . Walsh stated that , as far as rentals are concerned and having to do with the length of time that a unit may be rented , a unit may be rented by the owner only in a very t s Planning Board 45 January 18 , 1983 specific manner over a period of five years , such that effectively no more than 40 % of the units could ever be rented , 40 % being the theoretical maximum . Mr . Walsh stated that the only way that theoretical maximum could be reached is if all the units had been purchased and all were rented at precisely the same time to persons all on sabbatic leave at the same time . Mr . Walsh stated. that he was certain that the Board understood that the process the developer is going through here is but one of several steps that must be carried out . Mr . Walsh described the extraordinarily detailed filing with the Department of Law . He commented that they do not like anything " untidy " , adding that what the Board does here impacts on what the Department of Law does . He stated that they look to what has been approved ; they look at all the details . Mr . Walsh noted that there is a 90 - day time period within which the Department of Law will look at a matter and stated that this poses a certain problem to the developer . He pointed out that these are 90 days on top of all the days , thus putting the project substantially into the spring . Mr . Walsh begged the Board ' s assistance in this matter , noting that any finial resolution makes a great deal of difference in how this is handled in the future . He stated that he knew the Board wanted a good job . Mr . Walsh requested of the Board time to discuss some of the specifics of the draft resolution as presented and was granted same . Mr . Walsh referred to " whereas # 6 " , particularly the clause commencing " the applicant has agreed to restrict the number . . . " He stated that that is certainly not inaccurate , however , it is misleading in that the numbers simply cannot be calculated . Mr . Walsh stated that by force of the regulations of the State such matters must. be applicable prior to a public offering and whatever the Board approves will have been recorded and effective prior to any offering . Mr . Walsh stated that it simply cannot be any other way . Mr . Walsh stated , therefore , that aspect of " whereas # 6 " is superfluous . Mr . Walsh next referred to " resolved # 2 " and noted that the Board could see farther below in " resolved # 4 " that the Declaration of Covenants and Restrictions and the By - Laws must be approved by the Department of Law . Mr . Walsh stated that on April 2 , 1959, the Town Board reaffirmed its delegation , in 1955 , of its powers under Section 276 . He stated that under this Section of Town Law the Planning Board has this power that is referred to in " resolved # 2 " . Mr . Walsh stated that he has looked high and low for any requirement of spillback to the Town Board , he has discussed this with the Town Attorney and he indicated that he believes it to be correct that the Planning Board has the decision on such matters . Mr . Walsh commented that the planning ,staff has in its hands a clean copy of the Covenants and By - Laws ; the Planning Board has in its hands a clean copy of that part which speaks to rentals and occupancy [ Article XV ] . He • stated that there has been no substantive change since that time . Planning Board 46 January 18 , 1983 Now referring specifically to " resolved # 4 " , Mr . Walsh stated that the Department of Law will do that as part of their process . Mr . Walsh stated that he did not want it to appear that the Planning Board ' s approval was subject to their approval . Mr . Walsh stated that the Planning Board ' s final approval comes first and then it goes to the Department of Law , otherwise the cart is before the horse . Mr . Walsh now referred to " resolved # 10 " and stated that they had no problem with the Town Engineer examining , policing , or certifying the project but as part of the grant of final approval such that the Town Engineer " shall certify that the developer has complied with all provisions of this resolution " has the sequence out of order ; the Town Engineer cannot be at the far end of the process . Mr . Walsh suggested that the Town Engineer may certify that conditions , insofar as they can be complied with now have been complied with , and consequently the authorized officer , probably the Planning Board chairman , may sign off on the subdivision plat . Mr . Walsh stated that the approach as drafted here will not work as a matter of law . Mr . Walsh referred next to " resolved # 11 " and stated that the subdivision map which the Board approves is the subdivision map and , as such , is the result - - not a condition precedent . Under ( b ) in # 11 , he stated that Mr . Buyoucos had asked him whether there would be on file a map showing precisely a metes and bounds description . Mr . Walsh stated that there will be maps showing the property " as built " for recording far subsequent to filing of the subdivision map . Mr . Fabbroni asked if Mr . Walsh was saying that the filing of the subdivision map is prior to the filing with the Department of Law . Mr . Walsh stated that they are carried out simultaneously . Mr . Walsh stated that final subdivision approval is required by the Department of Law and the developer must show that whatever has been required - - any conditions - - have been completed . He commented that the time frame becomes critical . Mr . Walsh referred again to the grant of final approval by the Planning Board under Section 276 , Mr . Fabbroni stated that he would prefer to have an accurate map filed and noted that there are procedures under which the Town has operated that give a developer this time period for the very reasons described by Mr . Walsh but still involve submission of accurate metes and bounds descriptions which will be recorded . Mr . Fabbroni briefly described some of the procedures to which he was referring , such as performance bonds , which permit the signing of the map at the time of grant . Mr . Fabbroni commented that there are two ways to go in such matters , adding that he had a problem with language that infers " as built " . • Chairman May stated that Mr . Walsh ' s comments on the powers of the Planning Board had completely surprised him and added that he would feel uncomfortable without talking to the Town Attorney . • Planning Board 47 January 18 , 1983 Mr . May stated that when he had talked to Mr . Buyoucos it appeared that the matter of the covenants and by - laws was the prerogative of the Town Board , Mr . Walsh stated that he , too , wanted to make sure of procedural matters . Mr . Fabbroni pointed out that the Board should not lose sight of the second access road and the neighbors ' buffering , and the point raised by Mr . Marion with regard to the one parking area . Mrs . Schultz suggested " resolved # 9 " be changed in that the word " incorporate " be changed to " consider " and that the words " to date " be added after " arrangements . " Mr . Walsh stated that at the time this thing hits the State in the offering plan , it is set in concrete . Mr . Fabbroni commented that it seems that the preliminary subdivision approval prior to this is in place and further upheld by the courts and so there would appear to be no question as to applicability, of new standard since passed . He stated that , beyond that , in the spirit of cooperation , the Board might ask the developer to look at the specific siting of the building on the southern boundary , next to the reservoir , and consider moving it 5 feet , i . e . , 25 feet to 30 feet . He wondered if the developer would , on that basis , have any problems meeting the constraints with regard to the buffer area . Mr . Weisburd stated that he would not have any problem moving a building 5 feet , however , major changes would be most difficult and expensive at this point . Mr . Walsh stated that they are anxious to meet the Planning Board ' s requirements . Mr . Fabbroni pointed out that , at this point , there appears to be one building which may not meet the buffer requirement , one garage near the Clausen preserve that should be 30 feet from that property . He also pointed out the parking area which Mr . Marion brought up tonight . Mr . Weisburd stated that he was happy to do what he can to respond to what Mr . Fabbroni has outlined , adding , however , that he cannot if he has to make such adjustments that would require months of delay . Mr . Walsh commented that Mr . Weisburd would not be able to provide the lower - cost housing that he has presented to the Board if he had to reorganize the entire project at this point . The following change to " whereas # 6 " was suggested : that , after the words " topography of the site , " the following words be used - - " the applicant has agreed that the Declaration of Convenants and Restrictions , including limitations on the terms and period of rental or occupation of units by unrelated persons , shall be incorporated by reference or otherwise in all deeds • granted pursuant to the subdivision approval , and " • Planning Board 48 January 18 , 1983 Mr . Klein asked about the monitoring of the phases . Mr . Walsh described the particular legal aspects involved because of the common ownership . He described the process prior to the offering of ownership within any phase , the resultant offering within phase 1 , the resultant offering within say a year when such and such is added to the homeowner ' s association as phase 2 . Mr . Walsh noted that the restrictions are applicable in general and then made subject to each phase offering . He stated that the same covenants and restrictions cover the whole area . Chairman May expressed his feeling that there should be some description of each phase in the event that the project be only partially completed . Mr . Fabbroni stated that he thought one of the purposes of the resolution is to highlight how things will proceed throughout the whole project . He suggested an alternative such that " 50 , 000 things to happen " are not there , but that what the Planning Board wants to happen in the way of procedure and with respect to the covenants and restrictions is highlighted . Mr . Walsh stated that he and Mr . Fabbroni did not differ , however , it was the sequence of words that he had some difficulty with , adding that his concern was with their expression . Chairman May stated that he really thought the Board can make the two compatible . Mr . May pointed out that this is a Town document and one that the Town Engineer and the Building Inspector will work with . Mr . May stated that he thought the Board needed to work the wording out and still not lose the purpose of some of the items being there . Mr . Fabbroni noted that the second access has not been dealt with , if the Board chooses to deal with it . He noted also the matter of the working with the Circle Greenway or the City of Ithaca to permit , or deter , or direct through landscaping , any access to the watershed area had not been addressed . Mr . May commented that he did not think anyone knows at this point . Mr . Walsh stated that the developer will cooperate to the extent that the City - owned land , or its agencies , are involved , and mentioned the homeowners ' association . Mr . Fabbroni wondered if a commitment to any agreement could be passed on to the association . Mr . Walsh commented that he had not mastered how to enforce such an agreement on someone else . Chairman May indicated the! suitability of a good faith agreement that the developer would try . Mr . Lovi pointed out that there were a lot of things that were going to have to be pulled together and suggested that what the Planning Board could do , if it so chose , is to at least recommend that the Town Board consider the covenants and restrictions and by - laws . Chairman May stated that he would have no problem with recommending to the Town Board that they review the covenants and by - laws prior to the next Planning Board meeting . Mr . May commented that , also with the question of who has the power to act on them , this would give the Planning Board I h Planning Board 49 January 18 , 1983 w a t. time to get together with the Town Attorney with respect to any proposed resolution . Mr . Walsh stated that , regardless of who approves , he has to go back to the question of time , time is a critical problem with them ; the clock is ticking . Mr . Walsh suggested that , if the Board feels that it is unable to act , as apparently it does , but wishes to push a portion of this to the Town Board for their action , perhaps the Planning Board could make some recommendation to the Town Board that it consider and pass on the matter before it comes back to the Planning Board perhaps a week later . Mr . Walsh noted again that they already have really severe time constraints . Chairman May stated that the next Planning Board meeting is February 1 , 1983 . He noted that it would be the Board ' s intention at that time to take some action but he could not say what that action would be . Mr . Klein MOVED TO TABLE further discussion of the resolution before the Board until February 1 , 1983 at 7 : 30 p . m . Chairman May declared the resolution so tabled . MOTION by Mr . Montgomery May , seconded by Mr . Bernard Stanton . RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town of Ithaca Town Board that the Covenants and Restrictions and the By - Laws of the Homeowners ' Association for the Commonland proposal be reviewed by said Town Board at its January 26 , 1983 meeting . There being no further discussion , the Chair called for a vote . Aye - May , Gr .igorov , Schultz , Baker , Stanton , Klein . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman May declared the January 18 , 1983 , meeting of the Town of Ithaca Planning Board duly adjourned at 12 : 15 a . m . Respectfully submitted , • Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .