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HomeMy WebLinkAboutPB Minutes 1984-05-15 TOWN OF ITHACA PLANNING BOARD MAY 15 , 1984 The Town of Ithaca Planning Board met in regular session on Tuesday , May 15 , 1984 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Barbara Schultz , Edward Mazza , James Baker , Virginia Langhans , David Klein , Peter M . Lovi ( Town Planner ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : William E . Murray , Tom McCarthy , Pauline Sharp , Carl Roe , Donovan Benninger , Walter J . Wiggins , Esq . , William Downing , Architect , Joel Rabinowitz , Elizabeth Mulholland , Francis Moon , Deborah Gesensway ( The Ithaca Journal ) , Bruce Ryan ( WHCU News ) , Jim McKinley ( WTKO News ) , Karen Huxtable ( WKRT / WOKW Cortland News ) , Jeremy Howe ( WQNY [ Qol04 . FMI News ) . Chairman May declared the meeting duly opened at 7 : 31 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on May 7 , 1984 and May 10 , 1984 , respectively , • together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties in question , upon the Tompkins County Commissioner of Public Works , upon the Director of the Finger Lakes State Parks and Recreation Commission , upon the Tompkins County Commissioner of Planning , and upon each of the applicants , on May 8 , 1984 . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A TWO - LOT SUBDIVISION AT 308 CODDINGTON RD . , TAX PARCEL NUMBER 6 - 42 - 1 - 1 , 1 . 6 ACRES , AND CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS TO VARY THE MINIMUM FRONTAGE AND SIDE YARD REQUIREMENTS FOR AN R15 RESIDENCE DISTRICT . WILLIAM E . MURRAY , OWNER/ DEVELOPER , Chairman May declared the Public Hearing in the above -noted matter duly opened at 7 : 33 p . m . and read aloud from the Notice of Public Hearings as published and as noted above . Mrs . Schultz stated , for the record , that she would not be participating in the discussion of this matter because of conflict of interest , it being that she knew Mr . Murray . The Board members each had before him/ her a copy of a Survey Map of 308 Coddington Road , prepared by Kenneth A . Baker , L . L . S . , [ undated , however , showing Magnetic North 1982 , and showing • recording in the County Clerk ' s Office in Liber 591 at page 8711 , a copy of Short Environmental Assessment Form as submitted and signed by Mr . Murray under date of May 4 , 1984 , a copy of the Planning Board 2 May 15 , 1984 ' Town Planner ' s review under SEQR and recommendation therefor , a copy of the subdivision proposal being presented by Mr . Murray showing existing house and existing building with proposed addition thereto , and a copy of a draft resolution for Planning Board consideration as prepared by the Town Planner . Mr . Murray appeared before the Board and stated that he knew he had 1 . 6 acres of land with about 179 ' of frontage , but he also knew that if he made the division he had less than 100 ' on the highway for one lot . Mr . Murray stated that he did know that he would have around 29 , 300 square feet on that proposed parcel . Mr . Murray stated that he had so much unusable land and he would really like to split the lot so he could use the property and he would have around 37 , 700 square feet on the one side and the other one would be over 29 , 000 square feet . Mr . Murray commented that he knew the area calls for 15 , 000 square feet . Mr . Murray stated that he has an existing structure there and he would like to add to it toward the bigger lot for a single family dwelling . Chairman May asked Mr . Murray if he had two structures or just one . Mr . Murray stated that , actually , there is one with regard to the proposed lot . He noted that the other one shown on the Survey is in bad need of repair and he planned to tear that down and put something there . Chairman May , indicating on the Survey , noted that the " back " building is the one to be torn down . Mr . Murray stated that that was correct , adding that he would like to leave that as a " patio " and storage area . Mr . • Murray commented that the back " square " is a shed ; the " square " in front is in good shape and is the one proposed to be added to . Chairman May inquired as to the use for the new house . Mr . Murray stated that it would be a three bedroom home . Mr . Murray showed to the Board members what he termed at this point as his ideas for the proposed " new " house . Mr . Murray stated that he tried to measure the distance from the lot line to the existing home to the north , Mrs . Sharp , and it is , he would guess , 25 ' to 30 ' away from the lot line . Chairman May asked Mr . Murray if he planned to sell the proposed second lot . Mr . Murray stated that he did not , adding that he would like it for rent . Mr . Murray commented that he lives down the road at 678 . Mr . Mazza. stated that it appears that the frontage on the one lot is proposed at 79 ' at the centerline of the road and then it gets narrower as it goes back by the existing structure . Mr . Lovi stated that he thought Mr . Murray ' s intent was to try to split the lot in such a manner that the one lot , with the existing house on it , would comply with the 100 - foot frontage requirement and then only one lot would need variances for the frontage and for the 7 ' 7 " side yard . Mr . Mazza stated that the lot which shows the 100 - foot frontage is not 100 feet at the setback . Mr . Lovi commented that the split line is a proposed • line , adding that a legal lot could be cut by redrawing that line . Planning Board 3 May 15 , 1984 • Chairman May asked if there were anyone present who wished to speak to this matter . Mrs . Pauline Sharp , 264 Coddington Road , spoke from the floor and stated that she is the next door neighbor and that the north side of his garage is 7 ' 7 " from the stake dividing their property . Mrs . Sharp stated that she understood that Mr . Murray is going to change the garage into an apartment building which he would rent to students . Mrs . Sharp stated that he already has an apartment building there and there is a lot of noise . Mrs . Murray stated that they are all senior citizens up there and they do not like it very much . Mrs . Sharp stated that there are four apartments , four meters , in the house at 308 . Mr . Murray stated that he would like to say that there are only two meters on the house . Chairman May asked Mr . Murray if 308 Coddington Road was a two - family house or not . Mr . Murray stated that it is a two - family house . Mrs . Sharp stated that there were cars and bottles in her driveway , adding that it was not very pleasant and that she has to keep her windows shades pulled down . Mr . Donovan Benninger , 263 Coddington Road , spoke from the floor and stated that there is an existing creek down Mr . Murray ' s property between the garage and the existing building . Mr . Benninger stated that he has owned property across the street • for a long time and there were no problems until the creek was cleaned and the sod taken out . Mr . Benninger described certain drains , commenting that if they dig he will get more water . Mr . Benninger stated that there is not enough parking . Mr . Murray stated that he was a resident of the area too and knew of Mr . Benninger ' s problem . Mr . Murray stated that when he bought this house he had , at times , three to four feet of water in the basement because the ditch was blocked up and needed to be taken care of . Mr . Murray stated that that ditch had not been taken care of for twenty years , commenting that on the other side there is nothing there . Mr . Benninger spoke of a 20 " sluice pipe . Mr . Murray described the 36 " culvert which runs from his property across to the other side of Coddington Road . Mr . Murray spoke of a ditch running from there between Gray ' s and Benninger ' s and then a 20 " pipe under Gray ' s driveway and then another ditch and then a 16 " pipe as being part of the problem . Mr . Murray stated that he could not afford to install a pipe for Mr . Benninger , Mr . Benninger stated that the water is coming from where Mr . Murray is . Mr . Murray commented that before the ditch was cleaned up ,, Mrs . Sharp was washed out . Chairman May asked if there were anyone else who wished to speak to this matter . No one spoke . Chairman May closed the public hearing at 7 : 58 p . m . and asked for Board discussion . • Mr . Mazza commented that this two - lot subdivision was not quite the same as Mr . Sapa ' s which the Board had just had before Planning Board 4 May 15 , 1984 • it , Mr . Sapa having a frontage deficiency but much more land . Mr . Murray stated that on the side where the stake is by Mrs . Sharp ' s house , that side of the proposed single family dwelling will have no windows . Mr . Murray stated that he will face the house toward the proposed lot line and to the back for the sake of the neighbor to the other side . Mr . Murray commented that Mrs . Sharp has always had her shades pulled long before he bought the property . Chairman May asked if the Board wished to look at the EAF , noting that all the questions had been answered " no " and Mr . Lovi had presented his review . The Board members spoke briefly about the stream discussions which had taken place which might pertain to question # 5 and they wondered about questions number 14 and 15 . Mr . Mazza noted that there is a ditch between the road and the proposed structure and asked Mr . Murray how he was going to get people back to that structure . Mr . Murray stated that there is a gravel driveway there , adding that the driveway is to the north of the ditch and there could be parking in front of the existing building on that proposed lot . Mr . Mazza wondered where the driveway and parking are for the other lot . Mr . Murray indicated those areas on the drawing . It was the general feeling of the Board members that they • would like to go up and look at the site . MOTION by Mr . Montgomery May , seconded by Mr . James Baker : RESOLVED , by the Planning Board of the Town of Ithaca , that the Public Hearing in the matter of the Murray Two- Lot Subdivision be and hereby is adjourned until Tuesday , June 5 , 1984 , at 7 : 45 p . m . There being no further discussion , the Chair called for a vote . Aye - May , Mazza , Baker , Langhans , Klein . Nay - None . Abstain - Schultz . The MOTION was declared to be carried . Chairman May declared the matter of the Murray Two- Lot Subdivision request duly adjourned at 8 : 05 p . m . PUBLIC HEARING : SITE PLAN REVIEW FOR PHASE I OF " THE CHATEAU " DEVELOPMENT AND RECONSIDERATIN OF A PRIOR RECOMMENDATION TO THE TOWN BOARD TO CONSIDER THE AMENDMENT OF THE ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF AN 80 - UNIT " BED AND BREAKFAST " - STYLE HOTEL . A PORTION OF TAX PARCEL NO . 6 - 36 - 1 - 4 . 2 , 1152 DANBY ROAD , WALTER J . WIGGINS , OWNER / DEVELOPER . Planning Board 5 May 15 , 1984 Chairman May declared the Public Hearing in the above -noted matter duly opened at 8 : 06 p . m . and read aloud from the Notice of Public Hearings as published and as noted above . Mr . William Downing , Architect , appeared before the Board on behalf of Mr . Wiggins , who was also present . Mr . Downing pointed out that this time Mr . Wiggins ' proposed building is on his own land - - it is 30 feet from the farthest corner of the proposed building to Mr . Wiggins ' daughter ' s lot line . Mr . Downing distributed among the Board members copies of a set of three drawings dated 5 / 7 / 84 , entitled " La Tourelle " and consisting of " Landscape Plan " [ including all existing structures and features of all of Mr . Wiggins ' property ] , Site Plan , and East Elevation , with each drawing marked " Progress Print - - Date of Issue 5 / 15 / 84 " . Mr . Downing pointed out the revisions made as to the configuration of the " Country Inn " , pointed out the future addition of 55 units as shown by broken lines , and noted that the first phase , shown in solid lines , is to consist of 24 units plus the manager ' s office . Referring to the elevation drawing , Mr . Downing noted that the gable is 521 ; it is a 3 - story building at one point , but most of the building is , in fact , 2 - stories . Mr . Downing stated that there are four units in the ground level . Chairman May wondered what was going to be in the roof area . Mr . Downing explained that that area is all trusses , stating that there is no use for that space but for the appearance that they are trying to achieve , that high line is important to the character and ambience of L ' Auberge which is a Four - Star restaurant . Mr . Wiggins stated that they have abandoned what he termed their " hold - back " position with respect to having apartments should the venture fail , commenting that it was creating problems with trying to establish a local law amending the zoning ordinance , so , he is not going to be asking for that , thus , he and the Board need not be concerned about converting back to apartments . Mr . Wiggins commented that he felt this should eliminate that problem of 22 units or 24 units , or whatever . Mr . Downing noted that , on this building , in this particular site , it is 30 feet to the north side lot line , and the gable at its maximim height is 52 ' only at one area , however , the ordinance indicates a side yard as no less than the height of the nearest structure and , in addition , the plan indicates the 25 " units " . Chairman May wondered why the plan shows the placement of the dumpster in the proposed area of the future addition . Mr . Downing stated that the dumpster has to be somewhere , commenting that architects like to hide those kinds of things as much as possible , and adding that , also , there is a door to the basement at that point . Mr . Downing stated that there really is a small amount of refuse that will come out of the Inn in any case . Planning Board 6 May 15 , 1984 Chairman May wondered where it will go later . Mr . Downing indicated several options for the future placement of refuse . Mr . Mazza inquired if the matter of the proposed expansion of the restaurant - - L ' Auberge itself - - had been attended to or was a part of this discussion . The Secretary stated that the Zoning Board of Appeals had given special approval to permit the proposed expansion of L ' Auberge du Cochon Rouge [ March 14 , 1984 ] . Mr . Downing concurred , commenting that the restaurant is not an issue at this meeting . Chairman May asked if there were anyone present who wished to speak to this matter . No one spoke . Referring to the " future access road " indicated on the drawing. before the Board , Mrs . Langhans inquired where it went . It was stated that it went to the back of the property - - the remaining 30 + acres . Mr . Downing stated that the thrust of their effort tonight is to get ready for the issuance of a building permit . Chairman May noted that that would involve Phase 1 , site plan approval . Mr . Lovi stated that there should be recommendations to the Town Board with respect to the proposed height . Mrs . Langhans noted that the main part is about 42 ' high and one area is 521 . Mr . Lovi stated that he thought there were a couple of aspects with which he had some problems , although they did not concern the 30 - foot side yard , given the amount of land owned by Mr . Wiggins ' daughter and the scale of the project . Mr . Lovi stated that what he did think is , with respect to the landscaping plan , that the trees should at least be " adolescent " or mature trees . Mr . Downing stated that their specifications are 3z " to 4 " and that is about a twenty - foot tree . Mr . Downing described the trees he had placed at the DeWitt Building just a few years ago of similar specification and commented on their proportions now . Mr . Downing expressed his concern with the question of very large " mature " being able to live . Mr . Lovi agreed but pointed out that trees in that north line area should be mature - - perhaps 4 " to 5 " . Mr . Lovi stated that he was troubled by the " future access road " as mapped which is about five or six feet from the Barn . Mr . Downing stated that he had thought that was what Mr . Lovi had wanted . Mr . Lovi stated that that was not the case . Upon discussion , it was decided that " access " would be through the parking lot as had been indicated on earlier drawings . Mr . Lovi now spoke of the land that was " lost " when it was clear that the original plans had placed part of the proposed building on Mr . Wiggins ' daughter ' s land and pointed out that that " lost " land should be made up and could be by the inclusion of land farther to the south , such that the involved portion of Mr . Wiggins ' land would still be around 20 acres . After some working with the drawings on the table , it was agreed that the line could be moved down a little . Mr . Lovi stated that approximately 20 acres of land devoted to this project would be on the same order of magnitude as what the Boards had seen before . Planning Board 7 May 15 , 1984 Chairman May asked Mr . Lovi if he and Mr . Fabbroni were comfortable with the utilities . Mr . Lovi indicated that they were , asking , however , if there would be some pumping involved with the sewer usage . Mr . Downing described the process planned for sewage disposal , noting that pumping would be necessary in the case of the four units plus the manager ' s office in the lower level and adding that insofar as the additional units are concerned , pumping would have to be involved there also . Mr . Lovi stated that he and Mr . Cartee [ Town Building Inspector ] had discussed with Mr . Downing and his associate , Mr . Parsons , the matter of fire safety with respect to such things as hydrants and access around the building . Mr . Lovi stated that the Architect has obliged them by indicating fire lanes to the west and a future fire lane around the back and has shown on the drawing the fire hydrant location west of L ' Auberge and the future fire hydrant west of the proposed Inn . Mr . Lovi suggested that when they are considering future additions , they also consider another fire lane , although the one indicated may be okay . Mr . Lovi also suggested a hydrant in the back of the building and perhaps one up near the Barn . Mr . Downing stated that they had been to the City of Ithaca Fire Department and they instructed them to put the fire hydrant where they did , that being sufficient with them . Mr . Downing stated that the plan before the Board , in that respect , is all in accordance with their requests and recommendations . At this juncture , Mr . Downing wanted to be sure in his mind where things stood and what needs to be approved by the Board . Mr . Downing mentioned the 52 - foot height , the 30 - foot side yard , 25 units which will ultimately be 80 . Mr . Lovi added , the wording with respect to the " apartments " needs to be changed and the size and caliper of trees should be indicated . The Secretary reminded the Board of the discussion of the change in the perimeters of that portion of Mr . Wiggins ' land which is to be devoted to this project . Chairman May closed the Public Hearing at 8 : 35 p . m . Mr . Wiggins wondered if he were correct in that he sensed that this proposal is appropriate as it is now presented so that he could go out to bid . It appeared that that was a concern of Mr . Wiggins ' consultants . Chairman May asked that Mr . Lovi prepare a draft of a resolution for the Board to consider . MOTION by Mr . Montgomery May , seconded by Mrs . Barbara Schultz : RESOLVED , by the Planning Board of the Town of Ithaca , that the Public Hearing with respect to the Wiggins ' development at 1152 Danby Road be and hereby is adjourned until Tuesday , June 5 , 1984 , at 8 : 15 p . m . There being no further discussion , the Chair called for a vote . Planning Board 8 May 15 , 1984 Aye - May , Schultz , Mazza , Baker , Langhans , Klein . Nay - None , The MOTION was declared to be carried unanimously , Chairman May declared the matter of the Wiggins ' development duly adjourned at 8 : 42 p . m . OTHER BUSINESS Mr . Lovi stated that , as the Board knew , there have been discussions with the representatives of the City of Ithaca with respect to the Six Mile Creek Study Committee Report and the proposals for the implementation of certain recommendations . Mr . Lovi stated that there have been discussions also following a letter from the Town Supervisor that some actions be reviewed by the Town before actions are taken by the City . Mr . Lovi stated that meetings were held with Mr . Daniel Hoffman of Common Council , Mr . Francis Moon of the Study Committee , and Beth Mulholland of The Circle Greenway , where different areas of significance were discussed and out of which there appears to be a difference of opinion as to action which falls under SEQR . Mr . Lovi stated that the matter was left with the City to complete a Town of Ithaca Environmental Assessment Form , they completed a City of Ithaca Short Form and Long Form EAF and have given us a copy as of late this afternoon [ May 15th ] . Mr . Lovi commented • that there was not time to make copies for the Board members , however , as he has been keeping the Chairman of the Planning Board , the Supervisor , and the Planning Board informed , he wished to point out to the Board at this time that an EAF was presented today , with the decision whether to support this or not being up to the Board . Mr . Lovi noted that Mrs . Mulholland , Mr . Moon , and Mr . Joel Rabinowitz of the Study Committee , were here this evening and prepared to discuss the matter , Chairman May stated that the representatives were welcome , and they and the Board could talk about this if they want , however , he wished to make it clear where the matter stands , Chairman May stated that he could not accept this Environmental Assessment Form dated May 15 , 1984 as submitted on the City of Ithaca ' a Long Environmental Assessment Form . Chairman May stated that the Town of Ithaca will act as lead agency in the review of this matter . Chairman May reiterated that he will not accept this form , stating that the EAF must be completed on a Town of Ithaca form and submitted to the Town for review , Mr . Joel Rabinowitz stated that he would like , at this time , to submit a Memorandum dated May 15 , 1984 , from L . Richard Stumbar , Corporate Counsel , City of Ithaca , addressed to the Six Mile Creek Study Group in re " Environmental Impact Statement " . Mr . Rabinowitz read the Memorandum aloud , noting that the secretary had made a typographical error in the first sentence by referring to " Fall Creek " , as follows : " I have been asked for my opinion concerning the ' lead agency ' for the environmental review Planning Board 9 May 15 , 1984 process concerning implementation of new Fall Creek regulations . TIt is my opinion that the lead agency in this matter is the City of Ithaca . I ' Lead Agency ' is defined in the Environmental Conservation Law Section 8 - 0111 ( 6 ) as the agency - - having principal responsibility for carrying out or approving such action . IThe action referred to here , of course , is the action of City Council directed at the use of the Six Mile Creek area . Thus , even though the area in question is within the Town of Ithaca it is the action of the City of Ithaca which is to be examined visavis [ sic . ] impact on the environment . 50f course , the spirit of the law calls for cooperation between both agencies ( City and Town ) and I ' m sure all input from the Town would be welcomed . " Mr . Rabinowitz apologized for the secretary ' s error in typing Fall Creek , adding that Mr . Stumbar was speaking of Six Mile Creek . Chairman May stated that Mr . Rabinowitz may be right , however , the memorandum will go into the record as he signed it . Mr . Rabinowitz asked if the matter of lead agency was open for discussion . Chairman May stated that it was not . Mr . Francis Moon stated that he knew nothing about environmental law but , what he was trying to find out is what the intent of the Town is with regard to this review . Mr . Moon stated that there have been three members of the Town on this Committee for over a year and at no time were they advised that • it would have to go through the Town . Mr . Moon stated that they want something in place before the swimming season and spoke of several strategies to get through Common Council , Mr . Moon stated that they were told that a review by the Town would be pro forma . Mr . Moon spoke of some four recommendations in the March 1984 Summary Report wherein there is mention of cooperation with the Town . Mr . Moon stated that by delay we are risking the safety of the public with regard to the coming season . Mr . Moon stated that the public has had access through The Circle Greenway for eight years , adding that there is no new use in any dramatic way . Mr . Moon stated that the Committee recommends that the City open up some new trails and put some teeth into prohibitions against swimming and also recommended gorge ranger patrol . Mr . Moon stated that the EAF form says that there be no exit into the Town . Mr . Moon pointed out that there are existing paths which have been used for eight years . Mr . Moon noted that the idea is to let people use a few more paths than were used for the past eight years ; no swimming ; no entrances or exits in the Town . Mr . Moon stated that they hope to negotiate with the Town and The Circle Greenway some access in the future . Mr . Moon stated that if this is held up for Town hearings , there will be nothing in place before summer and the public will be thoroughly confused because they will think they can use the area for walking and hiking . Mr . Moon stated that a very dangerous situation can be created by this . Mr . Moon stated that he would hope the Town Board and the Planning Board recognized the situation and could , in some spirit of cooperation , proceed now . Mr . Moon commented that it is not like the Town has not had input . Mr . Moon stated Planning Board 10 May 15 , 1984 that he would like to know what the substantial concerns from the Town are that would hold this up . Mr . Lovi stated that , for over a year , he and Chairman May were on the Six Mile Creek Study Committee which was created as a lay board to provide then Mayor Shaw with a series of recommendations on this area . Mr . Lovi stated that , in that capacity , he was there as a staff liaison to keep the Town of Ithaca Planning Board apprised as to what was taking place . Mr . Lovi stated that once a final document was presented and , more particularly , once actions are going to be taken , it is important , at that point , for environmental review to begin . Mr . Lovi commented that the City of Ithaca is a large landowner in this case , not unlike other large landowners such as Therm or Candlewyck Apartments , and when these corporations propose some action in the Town , then it is customary for the Town to have review powers . Mr . Lovi spoke of the Town Supervisor ' s letter of May 1 , 1984 , to the Mayor , a copy of which the Planning Board members had been sent , which indicates that , once actions are proposed to be taken , based on the report , then it is time to get together , isolate areas of concern , and provide a forum for the citizens of the Town to have input and speak to this matter of the Six Mile Creek area also . Mr . Lovi stated that the residents of the Town are concerned that a lay board and a City board are making decisions without their input and feel that it is now time for Town residents , for Town concerns , to be heard and somebody . is going to have to take responsibility to weigh the impact of these concerns . Mr . Lovi pointed out that it is the opinion of the Town Supervisor and the Planning Board Chairman that it should be the Town ; it is apparently the opinion of the City Attorney , Mr . Stumbar , that it should be the City . Chairman May commented that Mr . Lovi had stated the matter very well , adding that this is not an adversarial program and stating that he was merely complying with the Town SEQR Law which comes into play when an action is proposed to be taken in the Town requiring the filing of a Town of Ithaca Environmental Assessment Form , Mrs . Mulholland asked Chairman May why he did not tell the Committee that earlier since he knew this was the critical year and May is the critical month . Chairman May stated that he believed it was spoken of and , apparently , was not heard . Mr . Lovi asked permission to read into the record the following letter , dated May 10 , 1984 , to Town Supervisor Noel Desch , signed by Claudia Weisburd , President , Commonland Community Residents ' Association , with Paula Dougan , William Petrillose , members of the Board , with copies to Hon . J . Gutenberger , Clausen , R . Marion , D . Marion , J . Marion , Howser , Tauber , Lowe , Battistella , and Pierro . Mr . Lovi read as follows : " We are writing for the Board of Directors and the residents of Commonland Community concerning current proposals for the Six Planning Board 11 May 15 , 1984 • Mile Creek watershed land . At two meetings of the thirty families now resident at Commonland , we discussed the subject and some concerns and questions were raised . Subsequently , the Board of Directors decided that it was important that we express these concerns to the Town . Further , we feel strongly that it is important that Town residents be made fully aware of the proposals and have ample opportunity to assess , discuss , and analyze the various impacts of the plans . Our concerns centered on the question of public access , specifically : where would Town entrances be located , how would use of presently used ( and possible new ) illegal access points be controlled , what might be the effect on liability of adjacent landowners , and what would the overall impact be of opening this property to the public ? Instinctively , it would seem that opening access to the public would increase public use . How much might the useage increase ? ' What provisions will be made for parking , already a problem in some areas ? How will this increase affect trespassing on private property , with attendent problems of liability , litter , damage , and disturbance ? Because the major portion of the watershed property lies within Town boundaries and adjacent to Town residents , we are very anxious that consideration be given to the impact on Town residents , and that a forum exist for public exchange on these questions . • Thank you . Sincerely , ( sgd . ) Claudia Weisburd " Mr . Lovi stated , by way of addition to this letter , that he would like to say that the environmental review that was gone through on the Commonland project was very extensive and was at great length concerning the effect of Commonland residents upon the watershed . Mr . Lovi stated that the Town was clearly the lead agency in that project in the Town of Ithaca . Mr . Lovi noted that now there is before us a project of even greater magnitude and now it is being propounded that the Town should not be the lead agent . Mr . Lovi commented that , frankly , he was stunned . Chairman May stated that this matter must not be addressed in a fragmented manner even though Mr . Moon has mentioned that they are taking out access in the Town . Chairman May stated that the environmental review should be based on the report involving some 14 points and all of those questions should be addressed now . Mr . Rabinowitz stated that , with all due respect to Mr . • Moon , he believed the environmental review process is very appropriate and he did believe that many of the Six Mile Creek Study Committee recommendations will have to undergo Planning Board 12 May 15 , 1984 • environmental review . Mr . Rabinowitz stated that in some cases , in some of these recommendations , the Town would have to be the lead agency , however , in recommendations " 1 " and " 2 " of the Report , it is quite clear , from the New York State SEQR Law that the Town is not the lead agency or involved . Chairman May stated that he did not believe we should be addressing items 1 and 2 - - we should be addressing items 1 through 14 . Mr . Rabinowitz stated that the City has the right to decide which ones are to be done now and which ones can wait . Mr . Rabinowitz stated that one that can wait is the conservation zone matter , suggesting the initiation of discussions with the Town to create such a conservation zone , then begin and the Town is the lead agency . Mr . Rabinowitz stated that to ask the City of Ithaca to make an environmental assessment of simply a report of a lay committee - - a report that is simply a set of recommendations until such time as the City should decide to implement these recommendations - - is inappropriate . Mr . Rabinowitz stated that items 1 and 2 were voted on and are out of a committee of Common Council , adding that it was realized that environmental assessment should be made of them , there being no question who is lead agent if one examines the SEQR law . Mr . Rabinowitz quoted - - " fund , approve , or undertake " , and stated that that clearly means the City . • Chairman May stated that he heard Mr . Rabinowitz and he disagreed , adding that the review should not be fragmented or segmented , but should be as a total approach . Mr . Moon stated that he could not understand , pointing out that there was a public hearing and , further , there were two residents of Commonland participating in the Committee . Mr . Moon asked what substantive issue was the problem . Mr . Lovi pointed out that it was a public informational meeting that was held by the City . Chairman May stated that the substantive issue is that we are going to comply with the Town of Ithaca SEQR Law . Mrs . Mulholland described telephone calls she has had with respect to there being no access to the area for people on the north side of Slaterville Road , whereas people from the south side of Route 79 can walk down into the area . Chairman May stated that all of that points to the difficulty in fragmenting the environmental review . Mr . Moon countered that the City is not proposing to put an exit there at this season . Mr . Moon stated that he was very disappointed . Mr . Rabinowitz stated that Ms . Leslie Dotson wrote the recommendation for item # 1 . Mr . Rabinowitz stated that there were two professional planners in regular attendance at the meetings of the Committee and they spoke and were listened to . y , • Planning Board 13 May 15 , 1984 • Mr . Rabinowitz stated that bringing this issue up at this time makes people wonder . Chairman May stated that he had difficulty with Mr . Rabinowitz saying that this issue is coming up now in view of the letter written by the Supervisor to the Mayor some five or six weeks ago in the early part of April . Mrs . Schultz posed the following , stating that , as she understood what was being said , if she owned 100 acres of property , until such time as she actually planned to build , say an amusement park , on it , nobody does an environmental review on it . Mrs . Schultz commented that that seems to be the problem , noting that the City is a landowner in the Town . Mrs . Schultz stated that the Planning Board learned a lot listening to people about their concerns about Commonland and the Board has that responsibility . Mr . Rabinowitz stated that he agreed and that there will be review , however , at this point , they are not changing the environment . Mrs . Schultz stated that she thought there was an adjudication procedure in cases where there is conflict as to lead agency status . Mr . Lovi stated that , if there is disagreement as to who should be the lead agency , the Commissioner of the NYS Department of Conservation acts as the adjudicator and decides who is to be the lead agency . Mr . Lovi commented that he was asked to be on • this lay board - - as a staff member - - and to mix the formal requirements of the SEQR process with the more fluid dynamics of a board discussion is a good question that could be raised , however , we are not doing that . Mr . Lovi stated that there are specific proposals being put forth ; opening of trails is being proposed ; public access is being proposed ; conservation zone is being proposed , critical area designation is being proposed all directly involving the Town . Mrs . Mulholland wondered what happens now . Mr . Lovi suggested that it would appear that either an officer of the City or the Town , or both , should write to the Commissioner for adjudication of the lead agency dispute . Mr . Moon spoke of 50 acres with access and 75 acres with four entrances . Mr . Rabinowitz noted that it seems to be the Board ' s position - that the entire report should be subject to review as an entire body of recommendations , adding that he wondered how that can happen when some portions are simply recommendations to have discussions with the Town . Mr . Rabinowitz stated that he would also point out that Supervisor Desch ' s letter looked at specific recommendations and singled them out as " should be significant . " Mr . Rabinowitz stated that Common Council has addressed one area in connection with The Circle Greenway . . , Planning Board 14 May 15 , 1984 • Mr . Mazza asked Mr . Rabinowitz why he thought the City of Ithaca has to do the Environmental Assessment Form . Mr . Rabinowitz stated that the City of Ithaca does not have to do an Environmental Impact Statement on items # 1 and # 2 , noting that the City did a Short Form EAF for # 1 and # 2 and then filled out a Long Form EAF , which it has done , and a copy was given to Mr . Lovi . Mr . Mazza asked , " Why did you think it needs to be done ? " Mr . Rabinowitz responded , " We thought it needed to be done . " Mr . Mazza wondered why , if he thought it needed to be done , should not the Town do it . Mr . Rabinowitz described how " they " filled out the Short Form leading to the Long Form . Mr . Mazza stated that he did not agree . Mr . Lovi stated that it is clear that in cases where DEC has had permitting powers they can attach conditions to its permit even if such is outside of their review and there should be a way that the public of both the City and the Town have a forum , a proper forum , between the City and the Town so that both are aware of what the impacts are or may be . Mr . Rabinowitz stated that they could set that up . Chairman May stated that there was no way they could set that up because the Town is the lead agency and will do so when the City prepares the proper forms . Mr . Moon wondered if the City did fill out what the Chairman considers the proper form , what the time would be in order to move ahead . Chairman May replied that , after the EAF was submitted , it could be reviewed and if it were accepted , it could possibly be all • done at one meeting - - possibly even at the next meeting in two weeks , June 5th . Mr . Moon stated that he was distressed with citizens arguing over a form . Chairman May stated that he was taking the only position that he can under the law . Mr . Moon warned of greater impact on the Town with respect to hurting the public by holding this up . Mr . Mazza stated that some kind of notice was given by the Supervisor to the Mayor about a month or month and a half ago , adding that if the proper procedure had been followed then the Board could have had the Public Hearing and all this would be over and done with . Mr . Mazza indicated his objection to statements inferring that the Town is holding things up . Mr . Rabinowitz stated that Common Council felt some things could go ahead ; others , such as items # 1 and # 2 , it was realized that an EAF was needed to be done . No further discussion took place . APPROVAL OF MINUTES - APRIL 17 , 1984 MOTION by Mr . David Klein , seconded by Mr . Edward Mazza : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of April 17 , 1984 , be and hereby are approved as written . , ^ Planning Board 15 May 15 , 1984 9 There being no further discussion , the Chair called for a vote . Aye - May , Mazza , Baker , Langhans , Klein . Nay - None . Abstain - Schultz . The MOTION was declared to be carried . APPROVAL OF MINUTES - MAY 1 , 1984 MOTION by Mr . James Baker , seconded by Mr . Edward Mazza : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of May 1 , 1984 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Schultz , Mazza , Baker , Langhans , Klein . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman May declared the May 15 1984 y meeting of the Town of Ithaca Planning Board duly adjourned at 9 : 55 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . •