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HomeMy WebLinkAboutPB Minutes 1987-03-17 1 � i r FILED TOWN OF ITHACA Date &eA(4 .4 �7 'DOWN OF ITHACA PLANNING BOARD Clerk MARCH 17 , 1987 The Town of Ithaca Planning Board met in regular session on Tuesday , March 17 , 1987 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at ;7 : 30 p . m . PRESENT : Chairman Montgomery May , Carolyn Grigorov , Robert Kenerson , James Baker , William Lesser , David Klein , Virginia Langhans , Richard P . Ruswick , Esq . ( Town Attorney ) , Robert R . Flumerfelt ( Town Engineer ) , Susan C . Beeners ( Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) , P . Erik Whitney ( Assistant Town Engineer ) , Mary S . Bryant ( Recording Secretary ) . ALSO PRESENT : Stephen R . Griffin , Robert Medina , Ted Kinder , Edwin A . Hallberg , Peter D . Novelli , P . E . , Michael Saari , Carolyn A . Martin , Thomas P . Niederkorn , Attorney Shirley K . Egan , John Rawlins , William J . Petrilloses , Slade Kennedy Jr . , Nancy Ostman , Jerold Weisburd , Claudia Weisburd , Roland Marion , Robert E . Congdon , David C . Auble . Chairman May declared the meeting duly opened at 7 : 30 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 March 10 , 1987 and March 12 , 1987 , respectively , together with the Secretary ' s Affidavit of Service by Mail of said Notice upon each of the various neighbors of each of the properties under diSCUSS .Lon , upon the Tompkins County Administrator , upon the Chairwoman of the Tompkins County Board of Representatives , upon the Clerk of the City of Ithaca , upon the Building Commissioner of the City of Ithaca. , upon the Tompkins County Commissioner of Planning , and upon each of the applicants and / or agent , as appropriate , on March 11 , 1987 . PUBLIC HEARIr1G0 CONSIDERATION OF SITE PLAN APPROVAL FOR THE " NUTRITION FOR: THE ELDERLY IN TOMPKINS COUNTY , INC . , CENTRAL KITCHEN " , PROPOSED TO BE LOCATED IN THE BIGGS COMPLEX , BUILDING A . 1283 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 3 - 2 . 2 , SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) , TOMPKINS COUNTY , OWNER , STEPHEN R . GRIFFIN , NUTRITION PROGRAM DIRECTOR , AGENT . Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 35 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Griffin was present . Mr . Griffin addressed the Board and stated that the Nutrition ^� Program is Nutrition for the Elderly in Tompkins County , Inc . Mr . Griffin stated that the program prepares and serves about 300 meals a day to senior citizens in all parts of the County . The proposed Planning Board - 2 - March 17 , 1987 kitchen is designed to be the central kitchen where food preparation will take place . In addition , there are four delivery vehicles available that. will be delivering food from this central kitchen to homebound individuals in their homes , as well as to dining rooms in the City of Ithaca , in Groton , and in Lansing . Mr . Griffin stated that they expect to have about 13 people on the staff , adding that the proposed facility is the same that was used for the Hospital kitchen when the Hospital was at that location . Chairman May noted that this was a Public Hearing and asked if anyone wished to speak . No one spoke . Chairman May closed the Public Hearing at 7 : 40 p . m . and turned the matter over to the Board for discussion . Mr . Kenerson asked Mr . Griffin if they were moving from the Salvation Army Building , with Mr . Griffin responding , yes , and adding that they are currently renting space from the Salvation Army and it will be six to eight weeks before the actual move is made . Mrs . Grigorov asked how many meals were being sent out now . Mr . Griffin stated that they are sending out 300 presently , adding that he did not anticipate an increase this year , however , he did expect an increase in future years as there has been a 25 % - 33 % increase back to back for the last two years . Mr . Griffin stated that this increase is one of the factors that prompted this move . Mr . Kenerson inquired about the special land use district . Ms . Beeners stated that this proposed kitchen is one of the items in the original proposal , and added that Code enforcement / building inspection will be done totally by the County . Chairman May asked if anyone were prepared to make a motion . MOTION by Mr . Robert Kenerson , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Site Plan Approval for the " Nutrition for the Elderly in Tompkins County , Inc . , Central Kitchen " , proposed to be located in a Special Land Use District ( Limited Mixed Use ) at the Biggs Complex , Building A . 1283 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 2 . 2 . This is an Unlisted action for which the Planning Board has been legislatively designated to act as Lead Agency for environmental review . 3 . The Town Planner has recommended a negative determination of environmental significance for this action , subject to the compliance of the facility with all pertinent codes and regulations . THEREFORE , IT IS RESOLVED : • That the Planning Board , acting as Lead Agency for the environmental review of this Unlisted action , make and hereby does Planning Board - 3 - March 17 , 1987 make a negative determination of environmental significance , subject to the compliance of the facility with all pertinent codes and regulations . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Klein , Baker , Kenerson , Langhans , Lesser . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Dr . William Lesser , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the Consideration of Site Plan Approval for the " Nutrition for the Elderly in Tompkins County , Inc . , Central Kitchen " , proposed to be located in a Special Land Use District ( Limited Mixed Use ) at the Biggs Complex , Building A . 1283 Trumansburg Road , Town of Ithaca Tax Parcel No . 6 - 24 - 3 - 2 . 2 . 2 . This is an Unlisted action for which the Planning Board at a Public Hearing on March 17 , 1987 has made a negative determination of environmental significance , subject to the compliance of the facility with all pertinent codes and regulations . 3 . The Planning Board at a Public Hearing on March 17 , 1987 has reviewed the following material : SEQR. Short EAF , dated March 3 , 1987 . " Exhibit A : Mixed Use Special Land Use District , Site Plan , Biggs Complex " , showing " Nutrition for the Elderly in Tompkins County , Inc . , Central Kitchen " . Partial floor plan of Biggs Building A , showing the proposed kitchen location . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board finds that the site is adequate for the proposed use , and that the facility is consistent with the uses proposed for the Biggs Special Land Use District , 2 . That the Planning Board grant and hereby does grant final site plan approval for the proposed Nutrition for the Elderly in Tompkins County , Inc . , Central Kitchen , subject to the compliance of the facility with all pertinent codes and regulations . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Klein , Baker , Kenerson , Langhans , Lesser . Nay - None . Planning Board - 4 - March 17 , 1987 • The MOTION was declared to be carried unanimously . Chairman May declared the matter of Site Plan Approval for the Nutrition for the Elderly in Tompkins County , Inc . , Central Kitchen , duly closed at: 7 : 44 p . m . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE PROPOSED DEVELOPMENT OF A 152 - UNIT CLUSTER SUBDIVISION AND A 28 - LOT CONVENTIONAL SUBDIVISION , ON 120 ACRES LOCATED BACKLOT OF THE INTERSECTION OF EAST KING ROAD AND TROY ROAD , AND , CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR STAGE I OF SAID DEVELOPMENT , 16 CLUSTERED UNITS IN 5 BUILDINGS , TOWN OF ITHACA TAX PARCEL N0 , 6 - 44 - 1 - 4 . 32 , RESIDENCE DISTRICT R- 15 . HALLBERG ASSOCIATES , DEVELOPER , THOMAS P . NIEDERKORN , PLANNING / ENVIRONMENTAL RESEARCH CONSULTANTS , SITE PLANNER . Chairman May declared the Public Hearing in the above - noted matter duly opened at 7 : 45 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Messrs . HallbE! rg and Niederkorn were present . Mr . Niederkorn appeared before the Board and appended colored maps to the bulletin board with respect to the proposed subdivision . Mr . Niederkorn pointed out that there are 38 groups of clustered dwelling units scattered around Deer Run Drive and Saranac Way . In addition , there are 28 conventional lots , 27 of which are located • along two cul de sacs - - Teton Court and Marcy Court - - and one single large , six and one -half acre , parcel located in the northeast corner . Indicating on the map , Mr . Niederkorn noted that there is a NYSEG right of way running diagonally across the property , and a proposed recreation area to be given to the Town , and two parcels amounting to about 40 acres that are going to be disposed of in a way that will preserve them as undeveloped areas . Mr . Niederkorn pointed out Troy Road and East King Road on the map . Mr . Niederkorn stated that the proposal is to cluster 152 units on 30 acres , essentially around Deer Run Drive , adding that by clustering the units the lineal footage of roadways and utilities is reduced by 50 % , which includes the two conventional cul de sacs . Also , by placing these buildings closer together , by having common walls , etc . , it keeps the development costs to a minimum which is one of the objectives of Mr . Hallberg in designing this project . Mr . Niederkorn stated that the project will be built in SIX stages - - I , IA , and up through V . Indicating on the drawing , Mr . Niederkorn pointed out the stages - - Stage I . Clusters 1 , 2 , 3 , 4 ( 16 units ) , 800 ± ft . of roads ; Stage IA , Clusters 5 , 6 , 7 , 8 plus Lot # 28 ( 17 clustered units plus 1 conventional ) , 520 ± ft . of roads , Stage II , Clusters 9 , 10 , 11 , 29 , 30 , 31 , 32 , 33 , 34 ( 36 units ) , 2 , 450 ± ft . of roads . After Phases 1 and lA are complete , a road connection from East King Road will be included in Phase 2 . The road for Phase 3 will be built as part of _ Phase 2 . Phase 3 is only units - - Clusters 23 , 24 , 25 , 26 , 27 , 28 , 35 ( 28 units ) . Phase IV is a small section on the southwestern part of the parcel - - Clusters 19 , • 20 , 21 , 221F 36 , 37 , 38 ( 29 units ) , 770 ± ft . of roads . Phase V is the final link with the two roads going into the conventional subdivision - - Clusters 12 , 13 , 14 , 15 , 16 , 17 , 18 , plus Lots # 1 - # 27 ( 26 clustered 1 \ Planning Board - 5 - March 17 , 1987 • units plus 27 conventional ) , 550 ± ft . and 1 , 750 ± ft . of roads . Mr . Niederkorn stated that the developer has tried to stay as far away from the South Hill Swamp as possible , as this is the major environmental concern on this property . Indicating on the map , Mr . Niederkorn pointed out a " typical " lot arrangement , commenting that there are six different designs , proposed to be in clusters of 3 , 4 , and 5 units . A different design will be on the downhill side and uphill side as the units have a different orientation toward the road . Also , the units were positioned in this manner because of the view . Again indicating on the map , Mr . Niederkorn pointed out the property boundary for the first phase and the dimensions of the lots , all of which are a minimum of 100 feet in depth , but vary in width depending upon the dwelling type . Mr . Niederkorn stated that this pattern of buildings in Phase I will be reflected in the next request for final approval for -the next Phase . Referring to the drainage area on the map , Mr . Niederkorn stated that one of the severe problems in this Phase I area is surface water runoff , adding that their Engineer , Peter Novelli , has worked with the Town Engineer to develop a drainage plan . Mr . Niederkorn explained that each squiggle on the map represents a Swale , which takes the water around the buildings , down to the roadway ditches , and from the ditches to the main collectors . There are two retention ponds proposed , which would retain the water as it flows off the hill , so that the water flowing out of the retention ponds and into the regional drainageway would not be any greater than :it is right now . These ponds will not be designed as amenity - type ponds . Mr . Niederkorn displayed a colored rendition of the site plan showing groups of 3 , 4 , and 5 units and also the common driveways to be used by the combined units . Each one of these units will have its own garage and own driveway . In most cases , the developer was able to combine the units with a wider driveway because two units have their driveways side -by - side and owners use that combined driveway to the street . Mr . Hallberg noted that there will always be a green strip between the driveways - - never double - loaded . Mr . Niederkorn pointed out the elevation from the road of the uphill units and the downhill units , noting that the view for the uphill units is from the front ; for the downhill units the view is from the back . Mr . Niederkorn displayed a typical group of four , stating that the lower end units are single story , or one -and - one -half stories , the two center units are two stories . The floor plans for the downhill units vary in size from 1 , 150 sq . ft . to 1 , 432 sq . ft . All of the units have two bedrooms , kitchen , two baths , enclosed garage and family room with fireplace . Mr . Niederkorn stated that units 1 , 21 31 and 4 are in a downhill location , and units 5 and 6 are uphill locations . Units 3 , 4 , 1 , 5 , and 6 have second stories , unit 2 has no second story . Mr . Niederkorn stated that the objective tonight is to secure preliminary approval for the entire subdivision and final approval for the first 16 units . Mr . Niederkorn stated that three acres are set aside for a recreation area , located in a particular area adjacent to an area owned by the Town of Ithaca where their pump station is located , and also , adjacent to the NYSEG right of way which runs across the property diagonally . There is also a 15 - foot access • easement to that NYSEG right of way which runs between proposed conventional lots # 5 and # 6 . All of the common land not part of the conventional subdivision - - will be under the control and Planning Board - 6 - March 17 , 1987 • ownership of a homeowners ' association which will begin to take control as the units develop . Chairman May noted that this was a Public Hearing and asked if there were any comments from the public present . Mr . Slade Kennedy Jr . , 277 East King Road , spoke from the floor and stated that , on the original sketch , " this area " [ indicating ] was labeled as a recreation area , but there is not such an area labeled on the map presented tonight . Mr . Niederkorn explained that , initially , the developer thought there would be two alternatives and , in discussing the matter further , a relationship with the right of way made more sense . Also , a site was discussed that could conceivably be used for a community garden . Mr . Kennedy inquired about landscaping plans , with Mr . Niederkorn responding that there will be quite a bit of landscaping effort on this project , but plans have not been developed as yet . Mr . Hallberg stated that , in terms of attractiveness of the garden , that is the main entrance into the development and it is in his best interests to make that as attractive as possible , and with as low an impact as possible . Mr . Kennedy also asked about the road construction . The developer ' s engineer , Peter Novelli , stated that the maximum grade on the entrance is 8 % 0 the allowable grade in the Town is up to 10 % ; the average grade is about 5 % . The road would be completely constructed before the units are finished in each particular phase , and , the road would be gravel base , oil surface , with continuous dust control - - generally done by • spraying water . Mr . Niederkorn noted that the road will not be in its finished form until all the utilities are put in . Mr . William J . Petrilloses , E - 105 University Park Apts . ( owner of Lot 15 on Troy Road ) , spoke from the floor and voiced his concern with drainage problems as to runoff . Mr . Petrilloses asked if , as Phase I is being developed , drainage for Phase I is being developed also . Mr . Novelli responded that with the way the drainage system is designed , each phase will be completely drained as it is constructed , and each phase is designed with the capacity to serve the existing drainage areas as the project is developed . Mr . Robert E . Congdon , 118 Troy Road , spoke from the floor and expressed his concern with traffic flow and safety of children . Mr . Congdon was also concerned with the tax rate , as opposed to single family homes . Mr . Congdon was also concerned about water runoff coming down the hill . Mr . Hallberg stated that he would request a 20 m . p . h . speed limit inside the development . David C . Auble , owner / developer of the former Majestic Heights project , spoke from the floor and noted that his development is a very heavily burdened development in terms of restrictions . Mr . Auble stated that he has not heard anything brought up at tonight ' s meeting in terms of any kind of restrictions that are similar to those imposed on his development . Mr . Auble commented that he realized there is a • 40 - acre area which is indicated as remaining undeveloped , however , that is not truly a buffer zone in the sense of proximity to the South Hill Swamp . Mr . Auble expressed his concern about the likely Planning Board - 7 - March 17 , 1987 • possibility of the environment being polluted by emissions from the fireplaces in each unit , particularly because of the prevailing winds in the winter . Mr . Auble pointed out that this is a very densely compacted kind of project and wondered what effect this would have on the people living right behind . Mr . Auble recalled that there had been some concern expressed about the location of the entranceway for his project in terms of East King Road and whether it was a dangerous intersection . Mr . Auble felt that these are things which also impact on people living in Deer Run . Mr . Hallberg stated that he has had discussions with Dr . Robert Cook and Ms . ].Nancy Ostman of Cornell Plantations . They have provided him with a flora list and they are working closely with him in restricting types of pesticides and herbicides which will be used on the project . Mr . Hallberg stated that the main difference between Majestic Heights and Deer Run , according to Cornell Plantations in terms of environmental concern for the South Hill Swamp , is that Majestic Heights is in a drainage plateau that drains into the Swamp and , hence , the accelerated concern for herbicide or pesticide use . Deer Run is on the downhill side of the Swamp and Cornell ' s main concern is controlling acceleration of drainage . Mr . Hallberg stated that their engineer , Mr . Novelli , has taken steps to ensure that the Swamp does not drain any faster than it is now . Mr . Hallberg said that this actually completes the drainage basin as shown by Cornell for the South Hill Swamp itself . The Swamp is only about five acres , but the drainage basin encompasses approximately 50 acres , and this will pretty much complete the protection of the northernmost drainage basin . Referring to the concern about smoke generated by the units which have a :fireplace , Mr . Hallberg stated that the fireplace is an option - - the fireplace is paid for by the homeowner . Mr . Hallberg offered that , traditionally , in this type of development which is modelled very closely to a development in Albany using the same Architects , sales figures show that 20 % or less of the people have taken a fireplace option . A fireplace would not be a primary source of heat . Mr . Hallberg and Mr . Niederkorn did a traffic count of cars as they came over the hill to make sure that the road was far enough away from the corner [ indicating on the map ] to allow for any traffic build -up , and also , to give maximum sighting time for vehicles pulling out of or into the development . Mr . Hallberg felt that , as long as the speed limit was being adhered to , this entrance was the ideal site for that purpose . The entrance is on an uphill location and will be split . Mr . John Rawlins , 127 Troy Road , spoke from the floor and expressed his concern with traffic , and with drainage . Mr . Rawlins pointed out that he lives downstream from the proposed development . Mr . Auble reiterated his concern about the apparent lack of restrictions , stating that if you are going to protect that area there should be homeowner ' s association by - laws and deed restrictions such as those imposed on his project - -• for example , with respect to cats .Mr . Hallberg pointed out the location of the individual conventional lots and staged that , in terms of pet restrictions , there is an allowance for dogs and cats written in the homeowners ' association Planning Board: - 8 - March 17 , 1987 deed restrictions . Mr . Petrilloses asked Mr . Hallberg when he planned on starting and when Phase I would be completed . Mr . Hallberg replied that they would like to start building in late April or early May , and that Phase I will be complete in late summer . Mr . Auble , directing his question to Ms . Beeners and to the Cornell representative , wondered if everyone really was in agreement with the inference that this project is much different from Majestic Heights . Mr . Auble stated that he felt this project looks very similar in terms of density because of the clustering . Mr . Auble wondered if there were any feeling that there should be similar kinds of conditions in this instance as there is with respect to an adjoining property . Mr . Hallberg responded that , first of all , his project has three times the acreage . Ms . Nancy Ostman , Cornell Plantations , spoke from the floor and stated that there is a cat restriction for the former Majestic Heights project . Ms . Ostman stated that the concern was for the Prairie Warbler , a ground nesting bird , which is on South Hill and which lives in open spots ,. In terms of where it can be found on South Hill , Ms . Ostman [ indicating on the map ] stated that it is found in two areas along " here " , in back of " these " two private houses , in front of the Cornell property , in some of the Ithaca College property , and in some 0 areas on the Monkemeyer property . It is not found in the forest at all - - it would be flying over the forest and is not likely to nest there . Ms . Ostman stated that , in some ways , their concern with the Prairie Warbler , again indicating on the map , is basically right " here " . Ms . Ostman stated that there are a few houses along " here " where cats could be a concern to Cornell . Ms . Ostman stated that , for the most part , cats with a leash law would certainly solve the problem in some sort of a covenant for controlling cats , and would definitely be a benefit in terms of the Warbler . Ms . Ostman stated that if this same project were on " this " side [ indicating ] , she would be much more concerned than. she is now . Chairman May asked if anyone else from the public wished to speak . No one spoke . Chairman May closed the Public Hearing at 8 : 33 p . m . and turned the matter over to the Board for discussion . Mr . Flumerfelt stated that the developer and his consultants have done a thorough job in preparing the plans for this project , adding that careful attention has been paid to the surface drainage concerns , water supply , sewage disposal and the design of the roadways . Mr . Flumerfelt stated that there is one fairly major concern which the Town has in the project and , in fact , in other projects in this area , and that concern is that there is a very small water tank on Troy Road with a 5 , 000 gallon capacity . The pumps on Coddington Road pump water into this small tank from which another set of pumps draw their suction and pump up into the Ridgecrest Road tank . Due to the small • capacity of the 5 , 000 gallon Troy Road tank and the approximately equal pumping ability of the present pumps on Troy Road and Coddington Road , but different pumping heads , when the Ridgecrest Road tank calls Planning Board. - 9 - March 17 , 1987 • for water the level fluctuates quite rapidly in the 5 , 000 gallon tank causing the :pumps on Coddington Road to cycle on and off very frequently . Mr . Flumerfelt stated that this causes some pressure surges and is not a very satisfactory situation . Mr . Flumerfelt stated that , presently , the demand from the Ridgecrest Road tank is about 40 , 000 gallons per day , which would be the demand you would associate with. about 400 people . When this project is fully developed it would almost double that demand , so the pumping problem could increase two - fold . Mr . Flumerfelt stated that he had discussed this problem with developers with respect to trying to come up with an equitable method of providing an interim solution that would allow development to progress and still overcome the water supply problems . One possibility would be a formula for apportioning the anticipated cost of a significantly larger tank on Troy Road . Mr . Flumerfelt stated that if this were the eventual solution , it might cost in the range of $ 40 , 000 . 00 to $ 60 , 000 . 00 . Mr . Flumerfelt offered that , if we can divide this cost among potential developers in the area served by the Ridgecrest Road tank - - not including the lower areas which are served below pressure reducing valves farther to the west on King Road and on down Stone Quarry Road - - he felt that the Town could come up with an interim solution until the Town can plan a larger tank and a long - range solution to the water supply problem . Mr . Flumerfelt stated that Mr . Hallberg seemed quite agreeable to paying a fair share of an interim solution , adding that , ultimately , the solution will be quite a significantly larger tank in a zone midway between the Coddington Road pumps and the higher Ridgecrest Road tank which will • serve a service area out to Coddington Road , and further adding that this -. -would alleviate some of the problems that we have in those areas . Mr . Flumerfelt suggested that the Board should seek an agreement before going into Phase IA of the Deer Run development to arrive at that formula , and for the developer to participate in a fair share of the cost of increased water storage , or a modification of the pumps if the Town determines that this can be a less expensive solution to the interim water supply improvement . Otherwise , as development progresses , WE! will have an increasingly intolerable situation . Ms . Beeners stated, that the method which is going to be used to determine the fair share that has been requested is to take a look at the anticipated service area in terms of moderate range development . Mr . Flumerfelt stated that the Town has to look at developments that are presently proposed - - developments that the Town knows about - - and potential development in the remainder of the service area . Ms . Beeners spoke about open space , with respect to which she recommended that a trail easement , in addition to the one that is being provided: , as shown on the map , be provided somewhere in either Stage I or Stage IA to connect Deer Run Drive with the park . Chairman May asked if the proposal was for a vehicular access or strictly as a walking access . Ms . Beeners responded that , as it is being platted now , it would be just walking access . Ms . Beeners stated that she was also recommending that additional trail easements be considered by the Board in subsE!quent phases of this project . Ms . Beeners stated that • she has discussed this matter briefly with Cornell Plantations and referred to the possible provision of a trail easement between lots 18 and 19 on Marcy Court that would then go up along the edge of the Planning Board - 10 - March 17 , 1987 conventional lots to reach the NYSEG right of way . Ms . Beeners noted that she has had some confirmation from Cornell that such might actually keep people from going off on different little trails and disturbing the: buffer area . Ms . Beeners stated that it would be a way of channelizing people to an area that would be more appropriate for public use , and it also could , perhaps , create a loop to walk on . Mrs . Langhans inquired about the triangular piece of land . Mr . Hallberg stated that this plot of land will be given to Cornell Plantations as a gift and further that this parcel is to remain forever wild with Cornll acting as custodian . Mr . Hallberg stated that this area will be similar to Sapsucker Woods , Dr . Lesser asked if this triangle is a portion of the 40 acres that are presently under consideration for deeding to Cornell Plantations , or , is it a distinct and separate tract . Indicating on the map , Mr . Hallberg stated that there are approximately 32 or 33 acres " here " , and another 7 or 8 acres " here " , to be given to the same custodian . Mr . Kenerson asked about the water problem and stated that he felt this problem should involve a Town solution to improve the services of the Town , adding that if it affects this project it also affects the former Majestic Heights . Mr . Flumerfelt stated that the Town has thepumping capacity and storage capacity at a higher level and it is a matter of the mechanics at this time of getting water up the hill and back down again in a fashion that does not cause pressure problems . Mr .. Kenerson expressed two concerns - - the Town approving projects and that the Town has to be able to serve these projects . Mr . Flumerfelt stated that that is why the Town is looking for a rather quick interim solution to this problem . Mrs . Langhans asked when the pumping station will be in operation , with Mr . Flumerfelt responding that he felt the initial phase of this project could possibly be the straw that breaks the camel ' s back and , as such , the Town needs to arrive at a solution very quickly . Mr . Flumerfelt stated that an engineering study proved that the most feasible site for a long - range water supply solution would be a larger tank to be sited in the general area of the intersection of Troy and East. King Roads , Mr . Flumerfelt stated it is the Town ' s recommendation to ask the developer to provide a site within the development should that prove to be the most feasible location for a larger tank . The Town does not know exactly where such a site will be , and it may very well be that the actual site is not on this development site at all . Dr . Lesser asked Mr . Hallberg what the long term use of Lot # 28 , 6 . 5 acres , will be . Mr . Hallberg responded that this plot will most likely be divided into three single family lots of approximately 40 , 000 or 50 , 000 square feet each . Dr . Lesser also asked Mr . Hallberg about discussions he has had with Cornell Plantations regarding the possible access individuals would have to the land - - the triangular piece of land. - - to be deeded to them . Mr . Hallberg stated that • Cornell already has an entrance off East King Road into the parcel that they own " here " [ indicating the South Hill Swamp ] . The parking would be in conjunction with the construction of the recreation area , Planning Board - 11 - March 17 , 1987 • and parking would not be allowed on Troy Road , Mr . Kenerson asked if there were any facilities for the homeowners ' association , with Mr . Hallberg responding that there is not a community center and there are no plans for one , and adding that if one were required , the homeowner ' s association would be required to make such a meeting place available . Dr . Lesser inquired about traffic in the area - - particularly on Troy Road , and stated that when the Planning Board discussed the preliminary proposal on February 3 , 1987 , this situation was described as generating 400 to 500 vehicle trips per day , however , with the proposal presented tonight the number is closer to 750 . Dr . Lesser asked how these numbers were generated . Mr . Niederkorn responded that it is a question of the expected average generation per unit and standards are three to four vehicle trips per family in a 24 - hour in and out period . Mr . Niederkorn offered that the prior numbers were a mathematical problem . Mr . Klein referred to a letter from Mr . Hallberg to the members of the Planning Board dated February 3 , 1987 in which Mr . Hallberg stated that , " Each unit will enjoy land ownership , although most property upkeep will be taken care of by a homeowners association . " Mr . Klein asked how this will be organized and also asked about the storage of maintenance equipment . Mr . Klein commented that the project seems to be very well thought out , and this may be the only • missing cog . Mr . Hallberg stated that the management of the property is completely subcontracted , adding that Cayuga Landscape is subcontracted at present to take care of all lawns and gardens on the property , whether it is privately owned or common area . The contract calls for mowing every seven days of the entire property , with the homeowners ' association contacting for this agreement . Mr . Hallberg stated that there are not any maintenance facilities for storage the impetus for management is placed on the president of the homeowners ' a :; sociation . Mr . Hallberg stated that upon completion of each one of the phases , noting that this is in the contract which will be going to the office of the Attorney General , as soon as 16 units are sold in phase I the lots and everything inside the boundary which is considered common area is deeded to the homeowner ' s association . This same pattern will be followed for each phase . Mr . Klein: referred to Item # 14 of the LEAF regarding the showing of " lights and other poles " on the site plan . Mr . Hallberg stated that each one of the units has a posted light in front of their unit , all of which are controlled automatically by darkness , that is , all lights will come on at the same time . Mr . Klein asked about street lights , with Mr . Hallberg responding that no one brought that subject up . Ms . Beeners stated that it was her assumption that the developer would want street lights and the Town would probably be in a position to provide them at certain intersections . Chairman May stated that the Town would certainly want to provide street lights to the entrance of the project. - - Troy and East King Roads - - but not in the project . • Mr . Flumerfelt: stated that it is the Town ' s policy to provide for street lighting at the major road intersections , however , he was Planning Board - 12 - March 17 , 1987 uncertain about the interior of the project . Mr . Flumerfelt stated that he will check on this policy to see that it is carried out consistently . There appearing to be no further discussion , Chairman May asked if anyone cared to make a motion . MOTION by Mrs . Virginia Langhans , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This action is the Consideration of Preliminary Subdivision Approval for the proposed development of a 152 - unit Cluster Subdivision and a 28 - lot Conventional Subdivision , on 120 acres located backlot of the intersection of East King Road and Troy Road , AND , Consideration of Final Subdivision Approval for Stage I of said development , 16 units in 5 buildings , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , Residence District R- 15 , 2 . This is a Type I action for which the Planning Board has been legislatively determined to act as Lead Agency , The Tompkins County Health Department and the Tompkins County Highway Department are potentially involved agencies which are being informed as to this action . 3 . This action has been reviewed at a Public Hearing on March 17 , 1987 . 4 . The Town Planner has recommended a negative determination of environmental significance , subject to certain conditions . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board act and hereby does act as Lead Agency in the environmental review of this Type I action . 2 . That the Planning Board make and hereby does make a negative determination of environmental significance for this action , subject to the following conditions : a . Approval of the final drainage plan by the Town Engineer and by the Tompkins County Highway Department , and , approval of the final utilities plans by the Town Engineer . b . Provision , prior to any final subdivision approvals subsequent to Stage I , of a 15 - foot access easement from Deer Run Drive to the " Recreation Area " , in a location acceptable to the Town Engineer and the Town Parks and Open Space Planner , with the condition that additional trail easements may be required by the Planning Board in • subsequent project phases , including a potential trail easement to connect Marcy Court with the NYSEG right of way . Planning Board: - 13 - March 17 , 1987 • c . The 40 ± acres located in the northwestern portion of the development site , being a buffer area between the South Hill Swamp and the proposed development area and proposed to remain undeveloped , shall remain in a natural state , except that suitable trails or other suitable recreational facilities , may be developed as a coordinated effort between Cornell Plantations , the Deer Run Homeowners ' Association , and the Town of Ithaca . d . Approval of the covenants and deed restrictions by the Town Board . The declaration of covenants and deed restrictions for the project shall contain suitable provisions prohibiting cats and dogs and other pets from running at large on the subject 120 acres , with all pets to be restrained on leashes when outdoors on this land . e . Submission of a Final Subdivision Plan for Stage I , suitable for filing and conforming to all pertinent requirements of the Town of Ithaca Subdivision Regulations , prior to the issuance of any certificates of occupancy for Stage I . f . Submission to the Town Engineer of a letter of credit in an amount sufficient to assure the satisfactory completion of site improvements for Stage I , prior to the issuance of any building permits for Stage I , and similarly , for any subsequent Stages which might receive final subdivision approval . g . Execution of an agreement by the Developer with the Town of Ithaca , prior to any further final subdivision approvals subsequent to Stage I , to contribute , based on increased water demand due to the development , a pro rata share of the cost of providing interim period increased water storage or equipment modifications at the Troy Road Tank site until a long -- range water storage solution is effected . h . Execution of an agreement by the Developer with the Town of Ithaca , prior to any further final subdivision approvals subsequent to Stage I , to provide a one - acre site for a possible future water tank and pumping station in the event that engineering studies indicate that the most feasible site for these facilities is within this development area . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Klein , Baker , Kenerson , Langhans , Lesser . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Carolyn Grigorov , seconded by Mr . Robert Kenerson : • WHEREAS : Planning Board. - 14 - March 17 , 1987 • 1 . This action is the Consideration of Preliminary Subdivision Approval for the proposed development of a 152 - unit Cluster Subdivision and a 28 - lot Conventional Subdivision , on 120 acres located backlot of the intersection of East King Road and Troy Road , AND , Consideration of Final Subdivision Approval for Stage I of said development , 16 units in 5 buildings , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , Residence District R- 15 , 2 . This is a Type I action for which the Planning Board , acting as Lead Agency for environmental review , has made a negative determination of environmental significance subject to certain conditions . 3 . The Planning Board at a Public Hearing on March 17 , 1987 has reviewed the following : " Deer Run Subdivision - Preliminary Plan with Final Plat for Stage I " , Hallberg Associates , Developer , revised through March 17 , 1987 . " Deer Run Subdivision - Final Plat - Phase I " , Peter D . Novelli , P . E . , dated March 16 , 1987 . SEQR Long Environmental Assessment Form , dated March 5 , 1987 . THEREFORE , IT IS RESOLVED : • 1 . That the Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board , 2 . That the Planning Board grant and hereby does grant Preliminary Subdivision Approval to the proposed 180 - unit subdivision and Final Subdivision Approval to Stage I of said development as presented in the material described above , with the following conditions : a . Approval of the final drainage plan by the Town Engineer and by the Tompkins County Highway Department , and , approval of the final utilities plans by the Town Engineer . b . Provision , prior to any final subdivision approvals subsequent to Stage I , of a 15 - foot access easement from Deer Run Drive to the " Recreation Area " , in a location acceptable to the Town Engineer and the Town Parks and Open Space Planner , with the condition that additional trail easements may be required by the Planning Board in subsequent project phases , including a potential trail easement to connect Marcy Court with the NYSEG right of way . c . The 40 ± acres located in the northwestern portion of the development site , being a buffer area between the South Hill Planning Board - 15 - March 17 , 1987 • Swamp and the proposed development area and proposed to remain undeveloped , shall remain in a natural state , except that: suitable trails or other suitable recreational facilities , may be developed as a coordinated effort between Cornell Plantations , the Deer Run Homeowners ' Association , and the Town of Ithaca , d . Approval of the covenants and deed restrictions by the Town Board , The declaration of covenants and deed restrictions for the project shall contain suitable provisions prohibiting cats and dogs and other pets from running at large on the subject 120 acres , with all pets to be restrained on leashes when outdoors on this land , e . Submission of a Final Subdivision Plan for Stage I , suitable for filing and conforming to all pertinent requirements of the Town of Ithaca Subdivision Regulations , prior to the issuance of any certificates of occupancy for Stage I . f . Submission to the Town Engineer of a letter of credit in an amount sufficient to assure the satisfactory completion of site improvements for Stage I , prior to the issuance of any building permits for Stage I , and similarly , for any subsequent Stages which might receive final subdivision approval . • g . Execution of an agreement by the Developer with the Town of Ithaca , prior to any further final subdivision approvals subsequent to Stage I . to contribute , based on increased water demand due to the development , a pro rata share of the cost of providing interim period increased water storage or equipment modifications at the Troy Road Tank site until a long - range water storage solution is effected , h . Execution of an agreement by the Developer with the Town of Ithaca , prior to any further final subdivision approvals subsequent to Stage I , to provide a one -acre site for a possible future water tank and pumping station in the event that engineering studies indicate that the most feasible site for these facilities is within this development area . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Klein , Baker , Kenerson , Langhans , Lesser , Nay - None , The MOTION was declared to be carried unanimously , Chairman May declared the Hallberg matter duly closed at 9 : 18 p . m . • PUBLIC HEARING : CONSIDERATION OF MODIFICATIONS TO THE FINAL SUBDIVISION PLAN OF COMMONLAND COMMUNITY , A 124 - UNIT CLUSTERED SUBDIVISION AT 1459 SLATERVILLE ROAD , TOWN OF ITHACA TAX PARCEL NO , V Planning Board - 16 - March 17 , 1987 • 6 - 58 . 1 . HOUSE CRAFT BUILDERS , INC . , JEROLD M . WEISBURD , PRESIDENT . Chairman May declared the Public Hearing in the above - noted matter duly opened at 9 : 20 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Both Mr . and Mrs . Weisburd were present . Mr . Weisburd addressed the Board and appended large maps to the bulletin board. . Mr . Weisburd presented revised plans according to the recommendations made by the Board . Indicating on the map , Mr . Weisburd stated that the road will be extended to the end of the property line , and that all lands north and west of the new Town roads deeded to the Town . Chairman May interjected that he would not want any approval by the Planning Board to be in any way an indication that the Town Board wants that land and is going to accept it - - that is up to the Town Board , Mr . Weisburd noted that sewer plans , also , were shown on the revised map aS recommended by the Town Engineer . Mr . Weisburd stated that due to a misinterpretation on his part he was not able to present sewer plans to the Town Board on March 9th but it is on their Agenda for March 31st , Mr . Weisburd stated that he had reviewed the proposed resolution and had but three short comments to make . ( 1 ) The approval of the final service road location by the Town Engineer and the design to be • approved by the Town Engineer and NYSDOT - - Mr . Weisburd stated that if the road is going to be moved to another location , then he would like a date on this so there will be enough time to design and build a new road and so it does not interfere with contract dates for closing on the houses . ( 2 ) Construction of the service road in the final location as to be determined , prior to the issuance of any certificates of occupancy - - Mr . Weisburd stated that he assumed he would be able -to escrow money for anything that was not complete . Mr . Weisburd stated that all he was suggesting was , because there is a right of way described " at this point " [ indicating ] , it seemed more natural that the north right of way follow the existing property line . ( 3 ) We had originally talked about an 18 pump capacity and 30 as a wet capacity - - Mr . Flumerfelt explained that the proposed resolution is referring to a total capacity of 48 units . The pumping station plans as presented to the Town Engineer read that if the Town were to take the pumping station over as a Town pumping station , the Town would require a different type of pump . Chairman May noted that this was a Public Hearing and asked if there were anyone present who wished to speak . Mr . Roland Marion , Liverpool , New York , spoke from the floor and stated that his mother owns land adjacent to Commonland . Mr . Marion asked if the pipeline is just above the break of the bank , with Mr . Weisburd responding , yes , and adding that the sewer line is just above • the road cut . Mr . Marion stated that the part being referred to is the flat land beyond the brink of the bank , and the bank is already part of the right of way . Mr . Weisburd answered that it would be what v Planning Board - 17 - March 17 , 1987 • is now mostly the the sewer easement plus a little bit of land to the north , There appearing to be no more questions , Chairman May closed the Public Hearing at 9 : 45 p . m . , and turned the matter over to the Board . Ms . Beeners , noting that the Planning Board , basically , approved the original western location of the service road , stated that Mrs . Clausen , whose properties are separated by that service road , has been in quite frequent contact with her . Ms . Beeners stated that she and Mr . Flumerfel. t have executed further investigation of possible alternatives for the road , and would like the Planning Board ' s consensus that , perhaps , either location would be appropriate . Ms . Beeners stated that the draft resolution is written so that the Planning Board may approve two alternative locations for the road , then have the final approval of that service road location be affirmed by the Town Engineer . Ms . Beeners said that she planned to contact the Weisburd ' s attorney and Town of Ithaca Attorney Barney to look at what the possibilities are for an alternative location . Chairman -may expressed the concern that it was the entire Board ' s opinion that the Clausen site was the least desirable , but the Board did not see any alternative in the matter . Ms . Beeners noted that the Clausen site has advantages in that Mrs . Clausen will actually have access to her driveway . Ms . Beeners reminded the Board of the 1985 approval . Mrs . Langhans spoke of the access over the City right of way and stated that she thought it was the consensus of whoever was knowledgable about it that it was impossible , and the Board agreed on the Clausen site , Mrs . Langhans stated that , as she recalled , the Board thought this site [ Clausen ] was their only alternative . Mr . Marion asked the Board what 1985 approval was being referred to . Mr . Weisburd responded that it was the one in which they came up through the City right of way . Mr . Marion stated that , to his knowledge , that issue was tabled on October 29 , 1985 , adding that he was not aware that a decision was made in 1985 . Mr . Weisburd recalled that the decision was made to approve it along the City right of way , if it were possible , on November 19 , 1985 . Ms . Beene! rs submitted additional information indicating that , while there is a gap in the length of this alternative location , which was indicated through several different land transactions in that area , somehow a continuous right of way was not being provided along that area . M :) . Beeners stated that the Weisburd ' s attorney , Peter Walsh , told herr that it was his understanding that that City right of way was 60 feet wide , and the Weisburd right of way was partly on the City right of way . Mr . Weisburd stated that he thought the City right of way was 20 feet . Mr . Marion stated that the intent , when it was up , was to make it acceptable to the Town . Indicating on the map , Mr . Weisburd stated that the stretch " right here " is part of the City right of way which is 20 feet , adding that they have 60 feet but they are not sure if that right of way was valid or whether the Town would • accept a road that was not deeded over . Mr . Weisburd noted that it was his understanding that this was not generally a preference for the Town that they wanted to own the property , and , obviously , they cannot Planning Board - 18 - March 17 , 1987 • do that . Mrs . Weisburd asked if it were possible in Mrs . Clausen ' s situation to formally state that the right of way would be developed as it was originally approved , but in the event that future development occurred , it would be abandoned . Dr . Lesser offered that the new information the Board is possibly acting on is the fact that maybe that City right of way might be combined with the Weisburd ownership . Mrs . Langhans suggested that the Board should go ahead and proceed with the information they have with the idea that there could be later abandonment of the road if it were found it was not needed . Ms . Beeners suggested that a report to the Planning Board at the next meeting [ .April 7 , 1987 ] would be in order , adding that the report would contain what the possibilities are in that other location , and what would be required by whom to get a road in that location , and also , researching past history of what this project was and what previous Town Engineer Fabbroni had recommended . Chairman May stated that , that being the case , the Planning Board could put a 45 - day limit for changing the service road location from that agreed upon . Mr . Flumerfelt recommended that the Town , the Weisburd ' s attorney , Peter Walsh , and the Town Attorney , John Barney , ascertain what the rights are on that City right of way , and see what the possibilities are . Mr . Flumerfelt stated that he has communicated with Mrs . Clausen and she is quite concerned about the service road between her properties . • There appearing to be no further questions or comments , Chairman May asked if anyone cared to make a motion . MOTION by Dr . William Lesser , seconded by Mr . James Baker : WHEREAS : 1 . This action is the consideration of modifications to the Final Subdivision Plan of Commonland Community , with respect to the proposed development of 18 townhouses on a 8 . 1 acre site for which 25 townhouses were originally approved , and which proposed development would represent the completion of the Commonland Community cluster development . 2 . The Planning Board , at a Public Hearing on March 17 , 1987 , has reviewed the following material : Planning Board Adopted Resolutions of February 17 , 1987 . Commonland II Covenants and Restrictions , revised after February 17 , 1987 . " Comm.onland Two - Site Plan " , by Hunt Engineers , dated March , 1987 . 3 . This is an Unlisted action for which the Planning Board , acting as Lead Agency for environmental review , on February 17 , 1987 Is made a negative declaration of environmental significance for this action , subject to the certain conditions . Planning Board - 19 - March 17 , 1987 • THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant final site plan approval to the above -referenced action conditional upon the following : 1 . Approval of the final service road location by the Town Engineer , and with the service road design to be approved by the Town Engineer and by the N . Y . S . Department of Transportation . The Planning Board reserves the right for a period of forty - five ( 45 ) days to change the service road location from that agreed upon , at Public Hearing , on February 17 , 1987 . 2 . Construction of the service road in the final location as to be determined , prior to the issuance of any certificates of occupancy . Placement in escrow of the necessary funds for the construction of this service road shall be considered an acceptable alternative for the fulfillment of this condition . 3 . Approval of the final road , drainage , and utilities plans by the Town Engineer , with the proposed sewer lift station and pumps to provide for a total capacity of forty - eight ( 48 ) dwelling units . 4 . Approval of the final water and sewer plans by the Tompkins County Health Department . • 5 . Provision of any sewer easements , subject to the approval of the Town Engineer and Town Attorney , 6 . Approval of the covenants and deed restrictions by the Town Board , 7 . Submission of a final " as - built " subdivision plat , suitable for filing , prior to the issuance of any certificates of occupancy . There being no further discussion , the Chair called for a vote . Aye - May , Gricrorov , Klein , Baker , Kenerson , Langhans , Lesser . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of consideration of modifications to the final subdivision plan of Commonland Community duly closed at 10 : 00 p . m . APPROVAL OF MINUTES - December 3 , 1985 MOTION by Mrs . Carolyn Grigorov , seconded by Mr . David Klein * RESOLVED , that the Minutes of the Town of Ithaca Planning Board • Meeting of December 3 , 1985 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Planning Board - 20 - March 17 , 1987 • Aye - May , Gri. gorov , Klein , Baker , Kenerson , Langhans , Lesser . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES - February 3 , 1987 MOTION by Mr . David Klein , seconded by Mrs . Virginia Langhans : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of February 3 , 1987 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Klein , Baker , Kenerson , Langhans , Lesser . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , Chairman May declared the March 17 , 1987 , Meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 15 p . m . • Respectfully submitted , Mary S . Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .