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HomeMy WebLinkAboutPB Minutes 1985-12-17 FIED TOWN OF ITHACA Date TOWN OF ITHACA PLANNING BOARD Clerk' � DECEMBER 17 , 1985 The Town of Ithaca Planning Board met in regular session on Tuesday , December 17 , 1985 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , Virginia Langhans , David Klein , Barbara Schultz , James Baker , John C . Barney , Esq . ( Town Attorney ) , Peter M . Lovi ( Town Planner ) , Lewis D . Cartee ( Town Building Inspector / Zoning Enforcement Officer ) , Susan C . Beeners ( Town Landscape Architect ) , Nancy M . Fuller ( Secretary ) . ALSO PRESENT : Town Councilman Marc Cramer , Town Councilman George C . Kugler , Ralph Varn , Richard C . Varn , Mary Blumen , Isadore Blumen , Bruce Brittain , John P . Hertel , Martha W . Hertel , Harriet B . Brittain , W . L . Brittain , Henry W . Theisen , Esq . , Betty Fabbroni , Kathleen Mahoney , Helen S . Engst , William S . Downing , Chairman May declared the meeting duly opened at 7 : 40 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearing in Town Hall and the Ithaca Journal on December 9 , 1985 and December 12 , 1985 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon the various neighbors of the property under discussion , upon the Tompkins County Commissioner of Planning , and upon the applicant on December 11 , 1985 . PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR A 13 -LOT SUBDIVISION AT 130 CREST LANE , TOWN OF ITHACA TAX PARCEL 66 - 3 - 3 . 2 , 9 . 36 ACRES ; VARN BROTHERS CONSTRUCTION , DEVELOPER . Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . and read aloud from the Notice of Public Hearing as posted and published and as noted above . Mr . Ralph Varn was present , as was his brother , Richard Varn , both of Varn Brothers Construction Co . Mr . Ralph Varn appeared before the Board and appended three large maps to the bulletin board entitled , " Final Subdivision Plat - - Forest Home Highlands " , dated December 3 , 1985 , revised December 6 , 1985 ; " Forest Home Highlands - - Engineering Details " , dated December 5 , 1985 , revised December 6 , 1985 ; " Forest Home Highlands - - Water , Sewer , & Highway Plan and Profiles " , dated December 4 , 1985 , revised December 6 , 1985 . Mr . Varn stated that the proposal is for a 13 - lot subdivision off Warren Road which extends into the property approximately 1 , 000 feet and contains a deadend cul de sac . Mr . Varn • stated that the project received preliminary subdivision approval on June 18 , 1985 , and they were applying for final subdivision approval at this time . Mr . Varn stated that they have done all the engineering Planning Board - 2 - December 17 , 1985 • studies , commenting that the land is relatively flat , and adding that there should be no problems with erosion . Mr . Varn pointed out a problem area in " this " [ indicating ] lower corner which was marked " three future lots " , stated that they will use fill from the road in there , as shown on the cross section on the engineering drawings , to bring it up to the same height as the rest , noted that the water goes to Warren Road , and indicated that Lot # 1 was a little low and will be filled in also so that there will be a natural flow to the road ditch . Mr . Varn indicated the Brittain property and stated that when they construct the road to Town specifications with ditches on either side they will supply culverts at their expense , that is , two 15 - inch culverts , twenty feet in length . Mr . Varn noted that the road is dead center in the right of way . Mr . Varn , commenting , in order to be fair , stated that the other problem area that they see is the clay tile running through " this " portion as noted on the map [ indicating ] . Mr . Varn stated that they were not sure how far this tile runs in this area , but in construction they are planning on cutting off those tiles and letting them dump into the swales , as shown on the map , so that the water ends up in the road ditch . Mr . Varn stated that , otherwise , the property drains well , adding that it slopes from east to west and some portions of the lots slope off to the back - - all indicated by arrows on the maps . Chairman May , commenting that that was very good , asked if there were any questions . • Referring to the clay tile that Mr . Varn indicated they were removing , Mr . Klein asked Mr . Varn what it was draining . Mr . Varn explained in detail , indicating on the map and noting that the water will be brought into the road ditch . Mr . Varn stated that they feel this will remove this buffer . Chairman May offered that it was undoubtedly an old farm drain , with Mr . Varn agreeing and adding that it was put in years and years ago . Noting that this was a Public Hearing , Chairman May asked if there were any questions or comments from the public . Mr . W . Lambert Brittain , 135 Warren Road , spoke from the floor and stated that he was a little concerned because , in fact , the drainage is not just on " those " [ indicating ] four or five lots , but actually comes across the twenty or thirty acres of the golf course , so , the problem is , basically , that he [ Varn ] is putting up a dam which will be a road . Mr . Brittain stated that there is a terrible water problem in the spring and he thought they will be flooded . Mr . Brittain stated that their garage is reasonably close to " that " road and problably two inches higher than Warren Road , adding that unless there is further consideration for drainage , they will be in trouble . Referring to the Engineering Details drawing , Mr . Lovi stated that the roadside ditches will be adequate to take care of the drainage , and pointed out the typical profile on the lower right hand • side - - " Standard Highway Cross Section " - - with a roadside ditch two feet minimum below the grade of the shoulder . Mr . Lovi stated that the expectation , when the preliminary plans and this final drawing Planning Board - 3 - December 17 , 1985 • were reviewed , is that this will be sufficient to carry off the expected water flow . Mr . Klein asked if Philip Cox , P . E . , supplied this information , with Mr . Varn responding yes , and noting Mr . Cox ' s Engineer ' s Report , Mr . Varn stated that , also , the golf course drains slope off " here " [ indicating ] , adding that he did not believe it carries thirty to forty acres of drainage , and further adding that he was not aware of any flooding . Mrs . Harriet Brittain , 135 Warren Road , spoke from the floor and stated that they will be flooded , adding that there is a foot of water there . Mr . Brittain stated that actually the field tiles go back through the golf course . Mr . Brittain stated that he has seen , in the springtime , where the golf course water shoots up three feet in the air , adding that Mr . Hertel could comment on this . Mr . Brittain reiterated that he had seen a geyser of water squirting up three feet high and just filling the area . Mr . Varn described cutting off the water at the swales and sending it into the road ditch such that water will never be on " this " portion again [ indicating ] . Mr . Brittain stated that that was what he was worried about , adding that they are planning to fill the natural area . Mr . Lambert suggested a culvert across the road to drain water from his side across and a ditch for surface drainage as being the simple solution . Mr . Varn stated that they feel , and the engineers feel , that the water flow is not sufficient to do that , adding that the ditches and swales are well within the limits to do that . • Attorney Henry Theisen spoke from the floor and suggested that Mrs . Fabbroni and Mr . Hertel speak to -the question of flooding . Mr . John Hertel , 130 Crest Lane , spoke from the floor and stated that at times there is surface drainage , however , he did not think he ever saw it covered with a foot of water , but up where the culvert is there has been water standing sometime , but not more than the drainage ditch would take off . Mrs . Betty Fabbroni stated that they live just south and they have never had any problem with flooding , adding that everything seems to drain pretty well . Mr . Varn stated that there is a natural spot for sort of a pond to form there , but this will be taken care of . Mrs . Fabbroni stated that their land , on the front , is lower , adding that she has walked through there . Mr . Hertel asked Mrs . Fabbroni if it were not true that they have taken care of their basement , to which Mrs . Fabbroni responded , yes . A lengthy debate and discussion ensued between Mr . Brittain , Mr . Hertel , and Mr . Varn , Mr . Lovi noted that the Planning Board has before it a final subdivision plat in as complete detail as the Board has ever considered , signed by a professional engineer who says it will work . Mr . Lovi stated that it was staff ' s opinion , also , that the design as presented will handle the expected drainage , adding that the Town has had experience with this particular developer and staff has confidence in the ability to construct a subdvision as per this plat that will • not have adverse impacts on adjacent property owners . Mr . Lovi stated that , as to the facts of the design and the subdivision , he had professional confidence that it is going to work as presented . Mr . Planning Board - 4 - December 17 , 1985 • Brittain asked what would happen when it does not and further asked if he would come back to the Planning Board and sue . Mr . Varn noted that Mr . Brittain had suggested a culvert and stated that if they did that itwill move the water in the north ditch to the south ditch and it will still come out on Warren Road . Mr . Klein asked if " this " road [ indicating ] were existing at all . Mr . Brittain stated that there is a lane that goes back . Mr . Klein wondered if there were any swales on the road , with it being indicated that there is an indication of 8 " to 10 " . Mr . Klein commented that that is really shallow . It was noted that the minimum swale that is called for is a two - foot deep Swale . Mr . Brittain stated that the Board has to realize that in the winter they are going to have this plowed , adding that right now they have a problem . Mr . Klein stated that he suspected from what he knew that the situation will be improved . Mr . Brittain stated that that was fine , asked what he should do , and further asked if he should come back and sue Mr . Klein . Chairman May stated that if it turns out that it does not work , he would hope that Mr . Brittain could have a dialogue with the developer and the Town Engineer . Mr . Brittain reiterated that the drainage area does go backlot some twenty or thirty acres , and spoke of " Warren Pond " and a dam . Mr . Lovi read into the record the following : " ENGINEER ' S REPORT Thirteen Lots - - Fairway Drive - - Forest Home Highlands Town of Ithaca , Tompkins County , State of New York Sewer . Sewer mains will be 8 inch and connected to the public sewer at an existing manhole , complete with 8 inch stub . While a 6 inch sewer main would be more than sufficient to carry the peak daily flows of 17 potential homesites and more able hydraulically to cleanse at low flows , the State minimum size of 8 inches for street sewers is specified . The minimum gradient is 1 . 2 % which should help with cleaning at least once a day during peak flows . Nevertheless , periodic flushing may be necessary as a maintenance routine . Cost of extension is estimated at $ 12000 . Water . Water mains will be 8 inch and connected to the public main at the location in the system where the main is 8 inches , static pressure was gauged at 45 - 50 psi and fire flow determined to be 320 gpm at 20 psi residual . Static pressure at the end of the new 10001 + addition on a second floor could 25 - 42 psi depending on the operation level of the Cornell elevated tank which varies from 1025 to 1065 USGS . The fire flow would be approximately 280 - 300 gpm at 20 psi residual . Because the extension is at the very end of the public system , improvements such as looping or larger size pipe would be ineffective and uneconomical . If required as a backup , two different hydrants from two different pressure zones , Christopher Circle and Sapsucker Woods , are within a mile of this subdivision and could supply additional water to a fire tanker truck . Cost of extension is estimated at $ 20000 . • Drainage . Soils are predominantly Hudson silty clay loam with a small strip of Rhinebeck silt loam along the drainageway going southwest to y Planning Board - 5 - December 17 , 1985 • the Warren Road crossing at a 20 inch steel pipe culvert recently installed by Tompkins County . Positive drainage from foundation footer drains to natural swales or swales shaped along lot lines and roadside ditches are most important . Old agricultural field tile should be terminated at surface ' swales being shaped or be removed where alignment is through a building site to prevent excessive ground water from coming up against the foundations . The land is generally sloping in three directions to the west along the new road , to the southwest , and to the southeast . The largest area any roadside culvert would have to drain ( along the south boundary of Brittain ) is approximately 4 acres which in a 20 minute 2 inch rainfall could flow approximately 5 - 6 cfs which an 18 inch CMP or equivalent could easily accommodate at 1 % grade . Driveway culverts need not exceed 15 inch CMP as each would drain a very small area . The new road culvert at Warren Road would be an elliptical 13 inch x 22 inch equivalent or an 18 inch round culvert to allow sufficient cover . Drainage paths are shown on the subdivision map . The area south of the new road just east of Warren Road will be filled to channel water along the road ditch rather than through the neighboring property . With the land relatively flat little erosion is anticipated and that during construction can be filtered by hay bales , filter dams , etc . Traffic . Thirteen lots could on the average generate 130 vehicular trips per day . With present use of Warren Road under 4000 AADT , the additional trips are a minor addition and the new total significantly • less than its probable capacity of 10000 - 14000 AADT . The same conclusion is true of the peak hour traffic which is roughly 10 % of daily totals . Visibility in both directions at the new intersection with Warren Road is excellent . Land Use . Residential use is ideal for this location as residences border on the west and south , Cornell Plantations borders on the east , and the Cornell golf course borders on the north . Cornell will maintain the Open Space and develop a buffer of trees and fencing to protect home sites from the driving range . ( sgd . ) Philip L . Cox NYSPE 52271 " Chairman May asked if there were any further questions . Mr . Bruce Brittain , 135 Warren Road , spoke from the floor , stated that he had a question about the open land , and asked what the purpose of that was . Commenting that Mr . Brittain was talking about the park , Mr . Lovi stated that , at the time of the preliminary subdivision review , it is common in proposed subdivisions to set aside an area of land - - 10 % - - as open space dedication . Mr . Lovi stated that they calculated that and concluded , as a consensus of the Board , that the best place , rather than a park per se to set set aside an area was as shown as a buffer for the Cornell golf course . Chairman May noted that it is to be conveyed to Cornell University . • Mr . Isadore Blumen , 122 Warren Road , spoke from the floor and asked what Cornell will do with that land . Attorney Henry Theisen stated that they will keep it open and undeveloped . Chairman May Planning Board - 6 - December 17 , 1985 • pointed out that they are planting trees , etc . Mr . Lambert Brittain stated that he just wondered if Cornell has agreed to this , with Mr . Hertel responding , yes , adding that they have written a letter agreeing to it , however , the transfer has not occurred . Mr . Brittain asked if this approval were based on that , with Chairman May responding , no . Mr . Brittain asked if the houses that are being put in were to be single or double , adding that they have not heard anything about the type of house . Mr . Varn responded that they will all be single family homes , 1 , 800 square feet and up , $ 175 , 000 . 00 and up , adding that , according to the Town , they are allowed " grandmother " apartments , so , if somebody buys the single family house , they could do that . Mr . Brittain stated that that means that thirteen lots equals twenty - six families equals twenty - six cars . Chairman May closed the Public Hearing at 8 : 05 p . m . and turned the matter over to the Board for discussion . Mr . Klein wondered if it were necessary to waive anything on the cul de sac where the lots do not meet the exact frontage requirements . Mr . Lovi pointed out that the lots meet the requirements at the setback . Chairman May offered that the Board could consider a waiver . Chairman May noted that the Board did deal with the environmental issues at the time of preliminary approval and stated that at this point the Board is looking at a very nice set of finished drawings • which are very complete . Chairman May asked Mr . Lovi if he has reviewed the proposal and approved all aspects , to which Mr . Lovi responded , yes . MOTION by Mr . David Klein , seconded by Mrs . Barbara Schultz : RESOLVED , that the Town of Ithaca Planning Board grant and hereby does grant Final Subdivision Approval to " Forest Home Highlands " , a 13 - lot subdivision at 130 Crest Lane , Town of Ithaca Tax Parcel No . 6 - 66 - 3 - 3 . 2 , as shown on map entitled , " Forest Home Highlands , Final Subdivision Plat " , dated December 3 , 1985 , revised December 6 , 1985 , developed by Varn Bros . Constr . Co . , survey by C . Brashear , L . S . 38194 , waiving the requirement for 100 feet of frontage for Lots No . 6 , 7 , 8 , and 9 , at the end of the cul de sac , finding that the strict application of the specifications and provisions of this regulation will cause unnecessary and significant hardship and practical difficulties , and determining that neither a significant alteration of the purpose of subdivision control is made , nor the policy enunciated or implied by the Town Board in adopting this regulation is impaired , and further RESOLVED , that no building permit shall be issued until the developer shows that a stamped copy of the Final Subdivision Plat is on file in the office of the Tompkins County Clerk . There being no further discussion , the Chair called for a vote . • Aye - May , Grigorov , Langhans , Klein , Schultz , Baker . Nay - None . Planning Board - 7 - December 17 , 1985 • The MOTION was declared to be carried unanimously . Chairman May declared the matter of consideration of Final Subdivision Approval for " Forest Home Highlands " duly closed . SITE PLAN REVIEW : CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS IN RE APPLICATION FOR BUILDING PERMIT FOR THE ERECTION OF A SATELLITE DISH ANTENNA ON THE ROOF OF DILLINGHAM CENTER . ITHACA COLLEGE , AGENT , Chairman May declared discussion of the above - noted matter duly opened and read aloud from the Agenda as noted above . Ms . Kathleen Mahoney , Director of the TV and Radio Department of Ithaca College , was present , as was George C . Kugler , of Ithaca College , Ms . Mahoney appeared before the Board and stated that the antenna is for educational purposes for the Radio and TV Department , such that it is both for recreation and instructional purposes permitting patching across and split programming since C - SPAN will be available this way and also hearings from Washington which can be used by the Political Science Department and the History Department - - something not available at present . Chairman May noted that the antenna is strictly a receiving antenna and asked why the College needed an antenna that size . Ms . Mahoney responded that it is a relatively small antenna and is the smallest they can license through the FCC , • adding that they want to go through the FCC to avoid microwave enforcement . Chairman May wondered why and Ms . Mahoney explained in technical terms . Mrs . Langhans asked if there were classrooms in the Dillingham Center , with Ms . Mahoney responding , yes . Mr . Lovi asked if there were any violation of copyright laws when I . C . is taping programs for this split , to which Ms . Mahoney responded , no , adding that Congress passed a law that anything available , not scrambled , may be used for educational purposes and held for seven days . Mr . Kugler , noting that Mr . James Loomis , the Director of Technical Facilities at the College , was out of Town and , thus , unable to attend , stated that he would attempt to speak to the engineering aspects of the project . Mr . Kugler stated that the antenna is on the rooftop because of ( 1 ) security from vandalism ; ( 2 ) adjacent building , trees , automobiles , etc . , would block any ground -mounted location , including the hill that has the College ' s FM tower on it ; ( 3 ) it has to be line - of - sight ; ( 4 ) at the stage house large girders are needed and the ventilator will be utilized so that stability is maximized , adding that it is piped up through the roof ventilator since stability is very important . Mr . Kugler stated that the antenna is 3 . 2 metres in size . Mrs . Langhans asked if the antenna were mesh or solid , with Mr . Kugler replying , solid . Mrs . Langhans wondered about the effect of the wind , with Mr . Kugler responding that that is why the College hired a consulting engineer - - Raymond A . DiPasquale & Associates , Structural Consultants . Ms . Mahoney offered that they were advised that this was the better way because of the high wind . Town Councilman Marc Cramer wondered if it were supported by guy wires , with Mr . Kugler • responding , no , and adding that , by the nature of the dish , it has to pivot , noting that it is on a single pylon . Mr . Cartee asked Mr . Kugler if he had a sketch available , to which Mr . Kugler responded , S Planning Board - 8 - December 17 , 1985 • yes , and distributed same for review by the Board members . Chairman May stated that the Town has a pending dish ordinance which the Planning Board has passed on to the Town Board , but which has not been passed yet . Chairman May stated that he was not sure exactly what the Planning Board can do , or should do , at this time . Mr . Lovi stated that his understanding was that the Zoning Board of Appeals is going to hear this matter in January , presuming the College makes their application . Mr . Lovi stated that a sufficient reason for the Board of Appeals to hear it is that this structure is more than thirty feet high off the ground , and so staff felt it advisable for Ithaca College to appear before the Planning Board so that the Board of Appeals would have a record and Ithaca College would not be delayed by the Board of Appeals asking for Planning Board input . Mr . Lovi stated that this procedure was useful since the dish ordinance is being reviewed and he had made his comments on the Short Environmental Assessment Form submitted by the College consistent with the draft of the satellite dish ordinance . Mr . Lovi noted that there are several sections in that proposed ordinance , one of which refers to dish antennae mounted on a roof with one requirement being that the proposal be certified by a registered architect or a professional engineer . Mr . Lovi stated that he would prefer to have plans certified by an engineer . Chairman May asked what the height of the dish above the roof is , • with Mr . Kugler responding , about 10 . 5 feet . Mr . Lovi read from the proposed ordinance , as follows : " . . . no dish antenna may exceed 15 feet in height when measured vertically from the highest exposed point of the antenna , when positioned for operation , to the bottom of the base which supports the antenna . " , and offered that , under this , the antenna would be permitted . Mr . Cartee stated that the Board of Appeals may meet on this proposal this month due to the nature of the request from Ithaca College . Mr . Kugler_ stated that he could have the material submitted by an engineer . Chairman May suggested to Mr . Kugler that he do that before it goes to the Board of Appeals . Chairman May stated that he would also suggest that the Planning Board not address the EAF , leaving that for the Board of Appeals . Mr . Lovi agreed . There being no further questions or comments , Chairman May asked if anyone cared to make a motion . MOTION by Mr . Montgomery May , seconded by Mrs . Carolyn Grigorov : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town of Ithaca Zoning Board of Appeals , if application for variance from the height requirement of the Town of Ithaca Zoning Ordinance be filed with said Board of Appeals , that approval be granted based on the educational need and benefit , and the fact that there are no near neighbors and very little aesthetic problems with this dish mounted on the top of Dillingham Center as proposed . • There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Schultz , Baker . Nay - None . Planning Board - 9 - December 17 , 1985 • The MOTION was declared to be carried unanimously . Chairman May declared the matter duly closed . Mrs . Schultz stated that she had to leave at this point . CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD FOR THE REZONING OF 7 ± ACRES AT # 921 AND # 925 - 35 MITCHELL STREET FROM RESIDENCE DISTRICT R30 TO RESIDENCE DISTRICT R15 , TOWN OF ITHACA TAX PARCELS 60 - 1 - 3 AND 60 - 1 - 4 ; WILLIAM DOWNING , APPLICANT . Chairman May declared discussion of the above - noted matter duly opened and read aloud from the Agenda as noted above . Mr . .William S . Downing , Architect , was present . Chairman May noted that the previous request was for rezoning the land from R30 to R9 and this request is now for rezoning from R30 to R15 . Mr . Downing appended drawings to the bulletin board and stated that this was a piece of property very close to Cornell Quarters which is probably an R9 occupancy . Mr . Downing stated that the property is served by water and sewer and is very near the City line . Mr . Downing stated that it corresponds very much to other properties that the Town has recently rezoned to R15 in areas on the periphery of the City because they are served with water and sewer , and so , it seems to be in keeping with the Town policy for rezoning . Mr . Downing stated that • this particular property is a very narrow property - - 1 , 000 feet deep but only about 260 feet wide , adding that it is very difficult to convert into a subdivision . Mr . Downing stated that in order to do so , they not only need R15 zoning but also relief on the buffer zones that are required for cluster housing in an R15 zone . Mr . Downing stated that they have submitted a plan that shows that this property can be divided into ten R15 lots , times two , which equals twenty units , so they are asking for rezoning in order to be able to build approximately twenty units of cluster housing on that site . Mr . Downing , commenting that he thought the neighboring properties should probably be considered in the Board ' s deliberations , stated that on the east and west the property is bounded by Cornell University , a representative of which was present at the last meeting [ December 3 , 19851 and indicated that Cornell objected to an R9 zoning but would like to join with this applicant as an R15 zoning . Mr . Downing stated that the Town Board rejected the R9 zoning and indicated a willingness to address R15 for this particular property . Mr . Downing pointed out that across the street is East Lawn Cemetery , Mr . Downing stated that they think they have a reasonable request and Planning Board endorsement of it will take them a step toward development of this property . Mr . Downing stated that the first thing is the permission , then the design , and then they see if it is financially feasible . Mr . Downing noted that there were many recommendations from Mr . Lovi , all of which they agree are desirable and certainly acceptable to the developer , adding that , at the moment , it appears that there are few , if any , objections from any quarter to this request . Mr . Downing • stated that they were hoping that the thoughts expressed at the last review will be represented again tonight , being that all suggested that R15 was an acceptable concept . Planning Board - 10 - December 17 , 1985 • Chairman May asked what the big circle was on the plan . Mr . Downing explained that it was a pond , adding that one possible way would be to build a total of eighteen units , noting that one already exits on the north and on the south two units , and adding that another alternative is ten feet on one side and ten feet on the other . Mr . Downing stated that that was a nice idea if the financing works out to do that . Mr . Downing stated that , if they get the Planning Board ' s endorsement , they will be back with their final plan . Mr . Lovi explained that approval would come from the Planning Board recommending the rezoning by the Town Board and commenting on the EAF , and then preliminary and final review - - site plan review - - by the Planning Board . Mr . Downing , commenting that one of the questions had to do with how the drainage would be taken care of and how the landscaping would be done , stated that he would assume there would be some approval of the subdivision . Mr . Lovi stated that that was not the case , adding that Mr . Downing would be preparing a final development plan - - similar to what Mr . Varn had presented - - with everything stamped and sealed . Mr . Lovi described the process in detail . Mr . Downing stated that he did not want all those expenses without assurance , with Mr . Lovi pointing out that that was the reason for the preliminary approval stage . Mr . Downing pointed out that the Town Board will be addressing the rezoning on December 31st . Chairman May pointed out that the Planning Board has been asked to look at this again in view of the change in proposal to a request • for R15 zoning . Mr . Klein stated that he was much happier with the R15 request than the previous R9 request . Mr . Klein stated that the R9 request set a potentially bad precedent for other builders to build at a higher density , adding that R15 was far more consistent with past policy . Mr . Klein stated that he had no problem with the R15 recommendation to the Town Board , Chairman May stated that the only concern he had was the emergency access for that road . Mr . Klein stated that he thought the Board could deal with that when Mr . Downing brings in his plans . Chairman May expressed his concern with the potential for liability with respect to the pond . Mr . Downing stated that there are thousands of ponds if you fly over Ithaca , adding that he had a particularly good condition downstream should his dam break . Mr . Downing stated that it was a relatively small pond with a big dam , adding that there was a three - foot pipe underneath it . Mr . Downing pointed out that , in effect , there is nobody downstream since that is the railroad right of way , and spoke of some 270 feet . Mr . Downing expressed his concern about being held hostage to Cornell University , lamenting that the land will , otherwise , remain vacant for years . Town Attorney Barney wondered if the buffer requirement would not depend a little on how Mr . Downing lays it out , adding that it may be a little premature to get up tight about the buffer before things are laid out . Mr . Downing indicated that there would be a private roadway and the dam in the buffer zone . Town Attorney Barney asked about the required distance between buildings , with Mr . Lovi responding , thirty feet all the way around . Chairman May suggested that Mr . Downing • would have a hardship in making the thirty feet , adding that he would hope there could be some buffer . Mr . Lovi stated that he had discussed this problem with Peter Newell of Mr . Downing ' s office and s Planning Board - 11 - December 17 , 1985 there are not a lot of choices . Mr . Lovi stated that , if they go with a U- shaped road , which may be preferable from the standpoint of there being a distinction for those entering and leaving the subdivision , that is , if they go with a single road entering and leaving the project , that would require redesign and , essentially , inverts the project and there would be no garden areas or focal point in the center . Mr . Lovi pointed out that you would just end up with a roadway and lose the sense of communality and have less focus . Mr . Lovi described the advantages of both a ball cul de sac and a U - shaped drive as they pertain to this project , and also described the problems with the site itself in terms of its width and grade . Mr . Lovi stated that he saw no alternative other than the waiving of the buffer requirements . Mr . Downing pointed out that without waiver the dam could not be built , adding that , in addition , the land slopes from the east to the west by about fifteen feet , and , thus , the roadway would be less expensive on the east side . Mr . Klein stated that what was being said was true , noting that there is no one on the other side , however , he would want to keep it far enough back to take care of drainage . Mr . Downing commented that the High Voltage Lab is there . Town Councilman Cramer stated that his only concern , which was not addressed at the Town Board meeting , was whether the units were to be owner - occupied or rental . Mr . Downing stated that they are intended to be owner - occupied , adding that the object is to build units somewhere in the one hundred thousand dollar bracket . • There appearing to be no further questions or comments , Chairman May asked if anyone wished to make a motion . MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the rezoning of Town of Ithaca Tax Parcels No . 6 - 60 - 1 - 3 and 6 - 60 - 1 - 4 , known as 921 and 925 - 935 Mitchell Street , approximately seven acres , from Residence District R30 to Residence District R15 , for the development of cluster housing , having determined that ° 1s there is a need for the proposed use in the proposed location ; 2e the existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected , and 3 * the proposed change is in accordance with a comprehensive plan of development of the Town . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Baker . Nay - None . • The MOTION was declared to be carried unanimously . y . Planning Board - 12 - December 17 , 1985 • Chairman May declared the matter of a recommendation to the Town Board with respect to the William Downing rezoning request duly closed at 9 : 00 p . m . APPROVAL OF MINUTES - October 15 , 1985 MOTION by Mr . Montgomery May , seconded by Mr . David Klein : RESOLVED , that the Minutes of the October 15 , 1985 , Meeting of the Town of Ithaca Planning Board be and hereby are approved as submitted . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Baker . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES - November 22 , 1985 MOTION by Mr . Montgomery May , seconded by Mr . James Baker : RESOLVED , that the Minutes of the November 22 , 1985 , Meeting of the Town of Ithaca Planning Board be and hereby are approved as submitted . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Baker . Nay - None . Abstain - Klein . The MOTION was declared to be carried . RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO PLANNING BOARD VICE CHAIRMAN FOR 1986 . MOTION by Mr . Montgomery May , seconded by Mr . David Klein : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the appointment of Mrs . Carolyn Grigorov as Vice Chairman of the Planning Board for the year 1986 . There being no further discussion , the Chair called for a vote . Aye - May , Langhans , Klein , Baker . Nay - None . Abstain - Grigorov . • The MOTION was declared to be carried . Planning Board - 13 - December 17 , 1985 • RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO PLANNING BOARD CHAIRMAN FOR 1986 . MOTION by Mr . David Klein , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board recommend and hereby does recommend to the Town Board the appointment of Mr . Montgomery May as Chairman of the Planning Board for the year 1986 . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Klein , Baker . Nay - None . Abstain - May . The MOTION was declared to be carried . REPORT OF THE TOWN BUILDING INSPECTOR , LEWIS D . CARTEE , WITH RESPECT TO LANDSCAPING AT COMMONLAND COMMUNITY . Mr . Cartee distributed the following Memorandum and Report of Susan C . Beeners , Town of Ithaca Landscape Architect , to the members of the Board and asked that they be made part of the official record . " MEMORANDUM • T0 : Montgomery May , Chairman Town of Ithaca Planning Board FROM : Lewis D . Cartee , Building Inspector Town of Ithaca RE : Landscaping , Commonland Community DATE : December 16 , 1985 ENCL . : Report of Susan C . Beeners Town of Ithaca Landscape Architect 1 . It appears that the landscaping at Commonland Community is in compliance with requirements as outlined in Final Site Plan Approval dated 2 / 1 / 83 , with the exception of " The Meadows " site now under construction . 2 . If I can be of any further assistance , please let me know . " " MEMORANDUM TO : L . Cartee L . Fabbroni FROM : S . Beeners DATE : December 9 , 1985 RE : Commonland Landscaping I have reviewed the Commonland landscaping plan and other material pertinent to such , and have inspected the project site , both alone and accompanied by Claudia Weisburd . It is my opinion that the landscaping requirements established at the final site plan approval • of February 1 , 1983 have been met for project phases I through III , except where construction and site development is incomplete and such planting premature at this time . Planning Board - 14 - December 17 , 1985 • According to plant material receipts furnished by Mrs . Weisburd , the quantities of trees and shrubs which have been planted exceed the numbers described in the original phasing plan . Plant sizes are consistent with those detailed on the landscaping plan . Species used are considerably more diverse than those originally proposed , and represent an improvement of the plan , especially around and within the building clusters . The buffer areas have been planted with 2 - 3 feet tall white and red pine and norway spruce . According to the landscaping plan , the performance objective is to establish a 4 feet high full screen within 3 years . Most of these evergreens were planted in autumn , 1983 . Planted at a close spacing and now established , these trees can reasonably be expected to meet the height objective by autumn , 1987 . The depth of the evergreen buffer which was planted between Penny Lane and several properties on Slaterville Road appears slightly shallower than shown on the landscaping plan , and is the result of the bank grading necessitated by Penny Lane . However , the evergreens planted in this buffer have been planted in the quantities originally proposed , and canbe expected to meet the required screening objectives . Around Phase III , The Meadows , where the building layout has been revised , plantings are generally consistent with the objectives of the original landscaping plan , and are complete except for the areas south and north of the playfield where site development is still in process . Revisions in the layout of Round Rock have made some proposed • evergreen plantings impracticable between the units and Abbey Road , and deciduous material has been appropriately substituted . Lawns and ground covers appear well established in completed site areas except on a few banks where weather prohibits erosion repair of minor slippage , and where slow- growing crown vetch can be expected to crowd out existing native and weedy perennials in about 3 years . At my recent meeting with Mrs . Weisburd , I suggested that larger ( eg . 5 foot ) evergreens be planted near Abbey Road and Slaterville Road to add diversity and immediate impact to the existing buffer areas , and discussed the use of deciduous and evergreen material in softening the lines of the Round Rock cluster when these units are completed . I also recommended that additional screening material be planted on the bank north of the playfield . It is my impression that the developers will heed these suggestions and will be receptive to further design input as these site areas and new phases are completed and turned over to the Commonland Community Residents Association , and after the State completes improvements on Slaterville Road . " The Board members read Ms . Beeners ' report and discussion followed with respect to the Marions ' land . Ms . Beeners stated that he [ Mr . Marion ] did not really want very much there because of the view which he wanted to maintain , he wanted small spruce and pines ; it is not as wide , but is in the same quantities . In addition , Ms . Beeners noted that the bank of the road necessitated narrowing that buffer area . • Ms . Beeners stated that , considering the performance objectives that were hashed over and agreed upon at the final meetings on this relative to having evergreens at four feet in height in three years , Planning Board - 15 - December 17 , 1985 • those plants should do that within three to four years from when they were planted . Ms . Beeners stated that most were planted in the fall of 183 , so , by the fall of ' 87 , they should be up to that four - foot height . Ms . Beeners stated that it was quite admirable that we had that kind of performance objective stated in the planting plan and that it will be met . Continuing , Ms . Beeners stated that she had talked with Mrs . Weisburd about making some enhancements up by Slaterville Road when Route 79 is completed , in the area of Round Rock , and gave them choices as to variety and type of impact . Ms . Beeners stated that it was her feeling that the Weisburds are open to input , however , it should be noted that they have basically completed what was required . Chairman May stated that he thought that was great and answered the question raised . REPORT OF TOWN BOARD MEMBER MARC CRAMER Mr . Cramer stated that , first , he would like to thank the Planning Board for the outstanding job it has done , adding that the Town Board appreciates all the work and effort of the Board and the Town staff . Mr . Cramer wished everyone a Merry Christmas and a Happy New Year , Mr . Cramer stated that the Town Board has received the proposed personnel manual from the Personnel Committee , a document two years in the drafting stages . Mr . Cramer stated that action will be taken on this document by the Town Board in 1986 , adding that anyone who has not received a copy should get one and review it . Mr . Cramer asked that anyone who wishes to should , please , input his / her concerns or comments to the Town Board members so that they can be reflected in the final draft . Mr . Lovi asked if he were correct in his understanding that there is a copy available for the staff to see , with Mr . Cramer responding , yes . Chairman May stated that he thought the staff had been given copies . Mr . Lovi stated that that was not the case . Continuing , Mr . Cramer stated that in January and February of 1986 , the Town Board will speak to its 1986 objectives , and asked if anyone had any particular objectives , please get them to the Town Board or to Jean Swartwood , Chairman May thanked Mr . Cramer for attending this meeting of the Planning Board . ADJOURNMENT Upon Motion , Chairman May declared the December 17 , 1985 , meeting of the Town of Ithaca Planning Board duly adjourned at 9 : 45 p . m . • Respectfully submitted , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .