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HomeMy WebLinkAboutPB Minutes 1987-06-02 FILED TOWN OF ITHACA Date----- P TOWN OF ITHACA PLANNING BOARD Clerk JUNE 2 , 1987 The Town of Ithaca Planning Board met in regular session on Tuesday , June 2 , 1987 , 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 , Robert Kenerson , John C . Barney , Esq . ( Town Attorney ) , Robert R . Flumerfelt , P . E . ( Town Engineer ) , Susan C . Beeners ( Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) , ALSO PRESENT : John Littlefield , Valerie Littlefield , John Perialas , Richard D . Kinner , Scott Brim , Herbert Deinert , Lucia Armstrong , Douglas Armstrong , Barbara J . Bredbenner , Marie Cario , Edward A . Mazza , Esq . , Elliott Lauderdale , Peter E . Hillman , Richard Berggren , Beth Cario , Nancy Ostman , Attorney Shirley K . Egan , Robert Cook , David C . Auble , Peter Trowbridge , Kathy Wolf , Deborah Munch ( WHCU News ) . 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 May 26 , 1987 , and May 28 , 1987 , respectively , together with the Clerk ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , as appropriate , upon the Regional Manager of Finger Lakes State Parks , Recreation , and Historic Preservation , upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Tompkins County Administrator ,, upon the Tompkins County Commissioner of Planning , and upon the applicants and / or Agent , as appropriate , on May 28 , 1987 . APPROVAL OF MINUTES - March 17 , 1987 MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : RESOLVED ,, that the Minutes of the Town of Ithaca Planning Board Meeting of March 17 , 1987 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . • ADJOURNED PUBLIC HEARING ( FROM MAY 5 AND MAY 19 , 1987 ) : CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL OF A SCHOOL USE , PURSUANT TO ARTICLE IV , i Planning Board - 2 - June 2 , 1987 SECTION 11 , PARAGRAPH 41 OF THE TOWN OF ITHACA ZONING ORDINANCE , FOR THE PROPOSED CONSTRUCTION OF A NURSERY SCHOOL BUILDING ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 60 - 1 - 16 , LOCATED IN A RESIDENCE DISTRICT R- 15 ,, AT 142 HONNESS LANE , FOR THE PROPOSED RELOCATION OF AN EXISTING MONTESSORI NURSERY SCHOOL ( LITTLE FEET ) CURRENTLY IN OPERATION AT 139 HONNESS LANE , TOWN OF ITHACA TAX PARCEL N0 , 6 - 58 - 2 - 39 . 6 . JOHN AND DORIS PERIALAS , PROPERTY OWNERS ; JOHN AND VALERIE LITTLE:FIELD , APPLICANTS . Chairman May declared the Adjourned Public Hearing in the above - noted matter duly opened at 8 : 10 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Perialas was present , as were his daughter and son- in - law , Valerie and John Littlefield . Chairman May invited Mr . Perialas to address the Board as to the changes in the proposal . Mr . Perialas stated that they have retained an Architect who has drawn plans for a circular drive in the back . ' Chairman May , noting that this was an Adjourned Public Hearing , asked if anyone wished to speak to this matter . Mr . Douglas Armstrong , 121 Honness Lane , spoke from the floor and presented a letter addressed to the Town Board , for the record , signed by both Gerry Kramer and Howard Kramer , dated June 2 , 1987 . Mr . • Armstrong stated that this letter was given to him by Town Councilwoman Raffensperger , in whose mailbox it had been placed , to present to the Planning Board . Chairman May read the letter aloud as follows : " . . . Being a nursery school teacher I realize the need for daycare in Ithaca . However , the very dangerous traffic situation that presently exists at the corner of Pine Tree Rd . and Honness Lane prompts this letter . Adding another 100 - 120 cars twice a day with the proposed expansion of " Little Feet " seems ill advised . This is especially true considering the current growth of Eastwood Commons, the Commonland , and the Grandview development . Currently traa° fic on Pine Tree consistently speeds 40 - 55 _mph . This practice does not give Honness Lane traffic a chance to advance onto Pine Tree because of poor visibility and the speed of approaching vehicles . Pine Tree drivers apparently could care less if Honness Lane traffic advances . Drivers freely use their horns and turn to evasive action when the need arises . On a daily basis we see 8 - 10 near misses at. this intersection . The fender- benders with cars in our front yard and in the ditch across the street are becoming all to frequent occurances [ sic . ] . The board may even wish to contact the local school district to get reports of Pine Tree traffic illegally passing stopped school busses . • People familiar with the intersection often speak of the increased danger index in the past year . C Planning Board - 3 - June 2 , 1987 • Although the school maintains that delivery and pick up of students will be spread out over the day the reality of the situation is that working parents need care from 8 : 00 a . m . - 5 : 00 p . m . and the majority of the school : traffic will occur during peak traffic hours . Therefore we request that the town planning board vote to deny the schools expansion on Honness Lane . " Mr . Armstrong also presented , for the record , a Petition signed by 32 residents of Pine Tree Road and Honness Lane , Mr . Armstrong stated that only two persons were hesitant about signing the petition to deny the request for a school the size that is contemplated . Mr . Armstrong staged that he will continue to circulate the Petition until the Zoning Board of Appeals meeting on June 10th . Mr . Armstrong read the Petition aloud , as follows : " We , the undersigned , residents of Honness Lane and Pine Tree Road , hereby request that the Town of Ithaca Planning Board and the Town of Ithaca Zoning Board of Appeals DENY the proposal for Special Approval of a School 'Use and the proposed construction of a nursery school building in a Residence District R15 at 142 Honness Lane . We oppose this proposal on the following grounds . 1 . The requested size of 6950 square feet is too large for an R15 district , and inappropriate to the size of the lot . • 2 . The scale of operation ( i . e . , 120 children ) is inappropriate for an R15 district , and is not consistent with the character of the district in which it is located . 3 . The size of the outdoor space is inappropriate for the proposed number of children . 4 . The access of a 14 ' driveway is not sufficient for the number of cars which will be coming to the proposed facility , nor is it sufficient for entrance and egress of emergency vehicles , such as fire engines . 5 . The loading area for discharging and picking up children is not sufficient for the number of vehicles needed to transport 120 children . 6 . In spite of the applicants ' claim that there will be varied hours of parents arrival , the majority of working parents will be arriving and departing at peak hours , and driving on Honness Lane will be heaviest when residents are leaving for or returning from work . 7 . A multiple dwelling presently exists on the proposed building lot . This multiple dwelling in a residential area is already a non- conforming use in an R15 - zone . There should not be an additional non - conforming use on the same property . • 8 . Article IV , Section 11 part 4 speaks to the ' public ' aspect of contemplated :buildings and / or land use ( i . e . public library , public Planning Board - 4 - June 2 , 1987 • museum , public schools , etc . ) The Littlefield School proposal bears no relationship to the ' public ' use repeated in the Article mentioned . It is a strictly commercial endeavor proposed for a residential zone . " Mrs . Lucia Armstrong , 121 Honness Lane , spoke from the floor and voiced two concerns , one being that , ' as the Petition was circulated , there were a number of persons who did not know anything about this proposal , and the second being , that she wondered , as the Board considers this proposal , if the Board had reviewed what happened as to the variance which was granted in 1981 . Mrs . Armstrong stated that , at that time , there were nine conditions that were placed upon the proposal , adding that she wondered if the most important one had been observed , that: is , the duration of this permit was for 24 months with the possibility of extension upon review . Mrs . Armstrong stated that the question of traffic was mentioned in the review - - letting children off .in the street - - parking no more than three vehicles in the driveway - - clearly marked entrance and exits . Mrs . Armstrong stated that she hoped these conditions were met , and are continuing to be met , before the Board considers expansion of this facility . Mr . Perialas stated that all those conditions were met , adding that children have never been let off in the street . Chairman May asked if there were any other comments or questions from the public . No one spoke . Chairman May closed the Public • Hearing at 7 : 51 p . m . and brought the matter back to the Board for discussion . Chairman May stated that , obviously , there is a great deal of concern with traffic regarding this situation , adding that Honness Lane does not handle traffic as well as some other roads . Chairman May asked Mr . Flumerfelt if there were anything that could be done to mitigate some of the problems . Mr . Flumerfelt stated that it is a tough one to :mitigate the traffic when you consider a certain number of children helve to arrive and leave daily . Mr . Flumerfelt suggested carpooling . Mrs . Littlefield stated that there are some children who arrive together and , also , brothers and sisters who arrive in the same car . Mrs . Littlefield stated that , as far as arrival and departure are concerned , there has been a drop - off and a pick - up schedule worked out for 120 children in 15 minute intervals . Mrs . Littlefield stated that there is 240 feet from the road back to the parking area , which , if for some reason there were a jam up of cars , would allow for 15 more cars off the road . Mrs . Littlefield stated that there is room for about four cars in the turn- around for drop - offs without interfering with the traffic . Mr . Perialas stated that he felt the concern is with Honness Lane itself , not so much the driveway , adding that the 30 students registered at the present time are also coming in from Pine Tree Road and Slaterville Road . • Chairman May stated that , personally , one of the things that absolutely has to be avoided is the stacking up of cars on Honness Lane , Mr . Perialas responded that , with the 30 children there now , Planning Board - 5 - June 2 , 1987 • the cars com:Lng in the morning now , and with the parking spaces available right now , they do not have a problem . Mrs . Littlefield stated that , if she has had to close the school because of bad weather , she has asked parents by telephone to each come at a specific time . Mrs . Littlefield stated that she could assure the Board that there would not be 120 cars arriving at one time . Chairman May , commenting that he did not think 120 cars would arrive at one time , stated , however , that 30 cars would be sufficient to create a real problem . Chairman May , noting that he lives quite close to the school , stated that he has found that the Littlefields have been quite religious about informing parents of the parking requirements , but sometimes , it happens , and parents do not obey . Chairman May stated that he was not faulting the Littlefields for that because he has talked to a number of people and everyone has been very consistent with the rules of the school , however , by the same token , we have to have a concern with cars stacking upon on Honness Lane , Mr . Flumerfelt offered that the intersection of Honness Lane and Pine Tree Road is not good visibility-wise , and stated that that is something that will be looked into to see where the obstructions are . Chairman May , commenting that the parking at the present time takes care of cars in good weather , stated that he was concerned about bad weather . Chairman May asked if there were any further questions or • comments from the Board . Mr . Klein wondered about the drop- off schedule that is staggered between 7 : 30 a . m . and 9 : 30 a . m . Mrs . Littlefield answered that the children stay for an 8 - hour day , so times are staggered for arrival and pick -up time . Mrs . Grigorov stated that some of the neighbors were concerned that this proposal would open up the neighborhood for commercial use . Ms . Beeners pointed out that private schools were included in the Ordinance , and noted that in that general area there are two churches , one of which operates a nursery school part - time . Ms . Beeners stated that it was her opinion that the subject proposal is consistent with the neighborhood with respect to there being a school there . Ms . Beeners offered that when petitions are received substantially referencing traffic , it should be remembered that there is an East Ithaca Transportation Committee established to study the traffic problems in that area and the Committee has recommended that the City , Town , and County participate in an overall origin / destination study for traffic in this particular area . Ms . Beeners indicated that this study should be completed by December 1988 . There appearing to be no other questions or comments from the Board , Chairman May asked if anyone were prepared to .make a motion . • MOTION by Mrs . Carolyn Grigorov , seconded by Mrs . Virginia Langhans : Planning Board - 6 - June 2 , 1987 • WHEREAS : 1 . This action is the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article IV , Section 11 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for the proposed construction of a nursery school building on a portion of Town of Ithaca Tax Parcel No . 6 - 60 - 1 - 16 , located in a ResidencE! District R- 15 at 142 Honness Lane , for the proposed relocation of the existing Little Feet Montessori Center , currently in operation at 139 Honness Lane , Parcel No . 6 - 58 - 2 - 39 . 6 . 2 . The proposed building construction is an Unlisted Action for which the Zoning Board of Appeals has been legislatively designatE! d to act as Lead Agency , and for which a recommendation of a negative determination of environmental significance has been madE! by the Town Planner , subject to certain conditions . 3 . The proposal has been reviewed by the Planning Board at a Public Hearing on May 19 , 1987 , and as adjourned to June 2 , 1987 . 4 . On June 2 , 1987 , the Planning Board reviewed a revised plan for the school entitled " Little Feet Day Care , Honness Lane , Town of Ithaca " , by R . A . Boehlecke , Jr . , Architect . • THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made , subject to certain conditions described. in this report . 2 . That the Planning Board determine and hereby does determine that : a . There is a need for the proposed use in the proposed location . b . The existing and probable future character of the neighborhood will not be adversely affected . c . The proposed change is in accordance with a comprehensive plan of development of the Town . 3 . That the Planning Board further recommend and hereby does further recommend to the Zoning Board of Appeals that Special Approval be granted for the proposal as presented , subject to the following conditions : a . That the Special Approval be granted for the relocation and expansion of the school for up to 80 enrollees , with further • expansion of the school to up to 120 enrollees subject to Special Approval review in June , 1988 . Planning Board - 7 - June 2 , 1987 • b . That. the final drainage and driveway improvement plan and installation be subject to approval by the Town Engineer . c . That: the final planting plan , schedule , and installation be subject to approval by the Town Planner , with additional plantings to be located between the parking and drop - off areas and the existing building on the lot and also between the parking area and adjacent property to the east . d . That all parking and standing be on the site , with access for emergency vehicles maintained at all times . e . That the parking , delivery , and loading rules and scheduling be implemented and enforced by the applicant . f . That all playground areas be completely fenced . g . That the Special Approval be subject to all conditions and regulations required by the New York State Education Department and the Tompkins County Health Department . h . That the spruce tree at the southeast corner of the property be limbed up to the satisfaction of the Town Engineer and the Town Planner to permit adequate sight distance at the driveway entrance . • 4 . That the :Planning Board further recommend and hereby does further recommend . a . The granting of a rear yard variance for reduction of the required rear yard . b . The repainting of the four - unit building to enhance the proposed school . c . That the Town reserve the right to impose additional conditions at any time . There being no further discussion , the Chair called for a vote . Aye - May , GricTorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Little Feet Montessori nursery school duly closed at 8 : 24 p . m . ADJOURNED PUBLIC HEARING ( FROM MAY 19 , 1987 ) : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF A 7 . 75 ACRE PARCEL , TOWN OF ITHACA TAX PARCEL NO , 6 - 39 - 1 - 25 , KNOWN AS 371 STONE • QUARRY ROAD , RESIDENCE DISTRICT R91 CONTIGUOUS TO THE WEST OF LANDS OF CAYUGA VISTA , :INTO TWO PARCELS OF 5 . 87 ± ACRES AND 1 . 88 ± ACRES , AND FURTHER , CONSIDERATION OF SITE PLAN MODIFICATIONS FOR BUILDING 8 OF Planning Board - 8 - June 2 , 1987 • CYAUGA VISTA , LOCATED AT 1018 DANBY ROAD , TOWN OF ITHACA TAX PARCEL N0 . 6 - 39 - 1 - 51 RESIDENCE DISTRICT R9 . MAURICE E . SNYDER , OWNER OF PARCEL NO . 6 - 39 - 1 - 25 ; DELL L . GOVER , OWNER OF PARCEL NO . 6 - 39 - 1 - 5 ; EDWARD A . MAZZA , ESQ . , AGENT . Chairman May declared the Adjourned Public Hearing in the above - noted matter duly opened at 8 : 25 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Attorney Mazza was present . Attorney Mazza addressed the Board , stating that , since the Public _ _Hearing had been closed at the May 19th meeting , he would not say anything other than alterations to Cayuga Vista parking have been submitted to the Board . Chairman May stated that the first item before the Board was the subdivision of: the property , that being subdividing 7 . 75 acres into two lots . Ms . Beeners noted that a revised plan was submitted to the Board for the adjacent Cayuga Vista property . Ms . Beeners also mentioned that the Board is considering two actions at this meeting -- one is the consideration of subdivision approval , and the second is the consideration of approval of site plan modifications for four parking spaces in Cayuga Vista that have been removed , as shown on the revised • plan presented for consideration . Chairman May noted that the SEQR requirements have been completed . Town Attorney Barney questioned the revised plan , entitled " ' Cayuga Vista ' - Proposed Parking Revisions - Bldg . # 8 " , dated May 27 , 1987 , which , he noted , shows 60 feet " Reserve for Future Roadway & Utilities " , asking how access was going to be obtained as the plan does not show an actual construction of a road . Attorney Mazza stated that plans have not been drafted for construction of that road . Town Attorney Barney inquired about access to the back lot , with Attorney Mazza responding that access to that property is being attained over that reservation , and that an easement will be drawn to that property as a 60 - foot road as shown on the map . Attorney Mazza stated that no metes and bounds description of that roadway is shown on the map at this time and that is because they do not know the exact dimensions of that roadway . Attorney Mazza stated that it will be 60 feet wide in " that " approximate location , adding that , in his opinion , it would not be wise to deed it over until they know exactly what they are deeding over . Town Attorney Barney stated that his concern was that the map that relates to the subdivision does not show access to " that lot " . Town Attorney Barney stated that when the Planning Board grants approval , the Board should be approving a specific access to get to • " this " back lot . Town Attorney Barney stated that , if , for example , Cayuga Vista were not going to be the owner of " this " , he thought there would be a very real concern as to allowing a subdivision which Planning Board - 9 - June 2 , 1987 • does not shown on the map any mechanism of getting to the rear lot . Town Attorney Barney stated that he would like to see , on " this map " , the road extending down , on the bottom " here " [ indicating on the map ] to Vista Drive , Town Attorney Barney stated that , also , in his opinion , the width of the road should be shown tentatively wider until such time as there is a common road with Mrs . Rumsey , adding that there is nothing to say that it cannot be changed next week , or next month , or next year , when the parties have finally defined where the road is going to go . Town Attorney Barney stated that the question is - - how do these people get into this property from a public road ? Attorney Mazza stated that what he was having difficulty with is that this question is the same question that was before the Board when Cayuga Vista was approved - - how to get to Mrs . Rumsey ' s property . Attorney Mazza. stated that Mrs . Rumsey had no other real access to her property and that is why that was put in in that width . Town Attorney Barney asked if , until such time as there is a road running up along the Rumsey land , it would be appropriate to suggest that there might be a little wider mouth coming out of that proposed road to " this parcel " , noting that , right now , there are 30 feet into that land . Chairman May asked Attorney Mazza if he would have any objection to making a " bell " in connection with the road as suggested by the Town Attorney , Attorney Mazza responded , yes , adding that he would have an objection because they are having their offering plan printed • for submission to the Attorney General and that would mean an alteration which would -have to be shown in the offering plan that is going to go in on Cayuga Vista itself . There appearing to be no further questions or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . MOTION by Mr . David Klein , seconded by Mrs . Virginia Langhans : WHEREAS : i . This action is the consideration of subdivision approval for the proposed subdivision of a 7 . 75 acre parcel , Town of Ithaca Tax Parcel No . 6 - 39 - 1 - 25 , known as 371 Stone Quarry Road , contiguous to the west of lands of Cayuga Vista , into two parcels of 5 . 87 ± acres and 1 . 88 ± acres . 2 . The Planning Board on May 19 , 1987 , acting as Lead Agency in environmental review , made a negative determination of environmental significance for this Unlisted action . 3 . The Planning Board , at a Public Hearing on May 19 , 1987 , reviewed the following : SEQR Short Environmental Assessment Form dated May 7 , 1987 . " Property Survey - Dell L . Grover , William P . Grover , and • Edward A . Mazza " , dated May 5 , 1987 , by Paul B . Koerts , Professional Land Surveyor . Planning Board - 10 - June 2 , 1987 • 4 . The Planning Board , at an Adjourned Public Hearing on June 2 , 1987 , reviewed a plan entitled " Cayuga Vista - Proposed Parking Revisions - Bldg . # 81' , dated May 27 , 1987 , such plan showing a removal of parking spaces from the 60 - foot future road right of way from planned Vista Lane in Cayuga Vista , which right of way would serve the subject 5 . 87 ± acre parcel . 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 waive and hereby does waive Preliminary Subdivision Approval and grant and hereby does grant Final Subdivision Approval to the subdivision as herein proposed , conditional upon the following : a . The final subdivision map showing the location of the 60 - foot access way over Cayuga Vista lands for access to the 5 . 87 acre parcel . b . A grant of variance by the Zoning Board of Appeals from the • requirements of Town Law Section 280 - a and Article III , Sect :Lon 9 , Paragraph 3 , of the Town of Ithaca Zoning Ordinance , prior to the issuance of any building permit for development on the 5 . 87 acre parcel . There being no further discussion , the Chair called for a vote . Aye - May , Gricrorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . Chairman May asked that the Board now move on to consider the site plan modifications for Building 8 of Cayuga Vista . Chairman Play asked if there were any questions or comments with respect to this matter . Mr . Elliott Lauderdale , 381 Stone Quarry Road , spoke from the floor and stated that this topic seems to be something new which the public hearing was announced for , so , therefore , they should have some opportunity to express their opinion . Mr . Lauderdale stated that there was not any discussion of the alteration of the other site plan in Cayuga Vista. , Mr . Lauderdale submitted a Petition which he stated was not particularly pertinent to either this subject or the last • subject . The Petition was signed by 35 persons with addresses on Stone Quarry Road , Danby Road , and West King Road , and reads as follows : Planning Board. - 11 - June 2 , 1987 • " CONCERNED CITIZENS OF SOUTH HILL PETITION We , the undersigned , oppose the relocation of the non - conforming three -unit building ( large blue building ) at 1018 Danby Road , to another parcel. at 371 Stone Quarry Road . We oppose the relocation of this dwelling to another parcel in our neighborhood ( Resident District R9 ) because this dwelling exceeds the two - family limit ( Article III , Section 4 , paragraph 2 of the Town of Ithaca Zoning Ordinance ) and because it exceeds the 30 foot height limit ( Article III , Section ' 4 , paragraph 17 ) . Relocating this building will substantially reduce the quality and disrupt the character of the neighborhood of which R9 zoning code is designed to protect . Conventional practice dictates that no stuct.ure [ sic . ] should either be placed on or built on a parcel until prior approval of sewage , water , drainage , and other pre - construction requirements have been granted . " Mr . Lauderdale stated that he had a question about procedures . Mr . Lauderdale stated that as far as he could ascertain , we are now talking about a way to get to a road , a way to provide for a road , to something we have already approved the subdivision for . Mr . Lauderdale stated that , also , before we approved the subdivision , .there was an approval of a negative environmental impact on that piece of property . Mr . Lauderdale stated that he was in doubt about this particular road which is now being discussed for access to the property that has already been approved . Mr . Lauderdale wondered what this reorganization of Cayuga Vista will do to the environment in • question and stated that the development in general could seriously affect drainage in the whole area , including his adjoining property . At this point , Chairman May , interjecting that he was confused by what Mr . Lauderdale was saying , stated that at the meeting on this matter prior to this meeting the Board approved the SEQR , but did not approve the :subdivision at that point , and , basically , this is a continuation of that meeting , where the Board has now approved the subdivision . Chairman May , continuing , stated that the Ordinance requires that they do not landlock any land and that there was an access that was indicated in the original subdivision map of Cayuga Vista to permit access to the backlands . Mr . Lauderdale asked the Board when the environmental impact study was considered , with Chairman May responding , at the time of approval of Cayuga Vista . Mr . Lauderdale asked if any driveway that would be constructed for that access would be subject to another site plan approval by the Planning Board , with Chairman May responding , yes , if there were a change . Mr . Lauderdale stated that it was his understanding that there are no plans for development , but there might be a movement of a house onto the property . Mr . Lauderdale stated that it was also his understanding that , if you have a subdivided piece of property , and you are the owner of the property , then you might be able to build a • house on the property . Town Attorney Barney stated that , once a subdivision is approved Planning Board - 12 - June 2 , 1987 . and access is provided to the lot , you would not have to come before the Planning Board again . Mr . Lauderdale stated that when he was at the previous public hearing he asked who would consider the environmental impact of drainage , sewage , and the wetlands issue regarding this parcel , if they move the blue house onto the parcel . Mr . Lauderdale stated that at that time he was told that that would be subject to the Zoning Board of Appeals , and a site plan would probably have to be approved . Mr . Lauderdale stated that he mentioned this to the Board of Appeals Chairman who responded that it was not their concern - - the lead agency on drainage and septic - - in this particular case moving a building onto a piece of property - - is the Planning Board . Mr . Lauderdale stated that he was also told that the subdivision is only the subdivision and it does not have anything to do with drainage of buildings on that property - - that is a later concern and another issue which was not going to be considered now . Mr . Lauderdale stated that it was entirely possible under legal framework , if the moving of a non - conforming building is granted by the Zoning Board of Appeals , that this blue house can be placed in the middle of " this swamp " without any consideration of environmental impact , and the drainage , which is already a problem for them , is going to be more of a problem , and the condition of the soil in this location is such that it is hardpan , and above the hardpan is very shallow topsoil . Mr . Lauderdale asked what provisions were going to be made for an adequate septic system . Mr . Lauderdale stated that in all the proposals presented by Attorney Mazza and Mr . Grover there is a very vague stipulation of what they intend to do to the property , adding that they mentioned the initial location of the building . Mr . Lauderdale stated that , as he saw it , the initial location of the blue house could be placed wherever they want to put it . Chairman May noted that septic systems and those concerns are the responsibility of the Health Department , Town Attorney Barney stated that , beyond that , those concerns were effectively addressed when Mr . Lauderdale addressed the question to the Planning Board of the environmental concerns relating to the subdivision at the last Planning Board meeting on May 19th . Mr . Lauderdale asked the Board if they thought it was somewhat backwards to approve environmental considerations even before they know where the road was going to go . Town Attorney Barney stated that the road has been shown . Town Attorney Barney stated that the issue being dealt with now is that the road , as had been shown , over - ran what had been previously shown as parking spaces for one building in the Cayuga Vista project . Town Attorney Barney stated that one concern at the May 19th meeting was that there should be some revision of the Cayuga Vista plan to show where those cars are going to be parked now , since there is going to be a road . Town Attorney Barney reiterated that that is presently what is before the Board and there • should be a public hearing on that issue and that issue alone . Town Attorney Barney offered that he did not think the Planning Board wanted to go back and re - address all the issues relating to swamps and Planning Board - 13 - June 2 , 1987 • that sort of thing and stated that these issues were explicitly considered and discussed when the environmental review was made at the May 19th Planning Board meeting . Chairman May asked if there were any further comments with respect to parking for Building 8 of Cayuga Vista . No one spoke . Chairman May closed the Public Hearing at 9 : 00 p . m . and brought the matter back to the Board for discussion . There appearing to be no further discussion , Chairman May asked if anyone wished to make a motion . MOTION by Mr . Robert Kenerson , seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the consideration of site plan modifications for Building 8 of Cayuga Vista , located at 1018 Danby Road , Town of Ithaca Tax Parcel No . 6 - 39 - 1 - 5 , such modifications consisting of the relocation of four parking spaces . 2 . This . is an Unlisted Action for which the Planning Board has been legislatively designated to act as Lead Agency for environmental review , and for which the Town Planner has recommended a negative determination of environmental significance . • THEREFORE , IT IS RESOLVED : That the Planning Board , acting as Lead Agency in the environmental review of this Unlisted Action , make and hereby does make a negative determination of environmental significance . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the consideration of site plan modifications for Building 8 of Cayuga Vista , located at 1018 Danby Road , Town of Ithaca Tax Parcel No . 6 - 39 - 1 - 5 , such modifications consisting of the relocation of four parking spaces . 2 . This is an Unlisted Action for which the Planning Board , acting as Lead Agency for environmental review , has made a negative • determination of environmental significance . 3 . The Planning Board , at a Public Hearing on June 2 , 1987 , has Planning Board: - 14 - June 2 , 1987 • reviewed a plan entitled " Cayuga Vista - Proposed Parking Revisions, - Bldg . # 8 " , dated May 27 , 1987 , such plan showing a removal of parking spaces from the 60 - foot future road right of way from planned Vista Lane in Cayuga Vista . THEREFORE , IT IS RESOLVED : That the Planning Board , finding that the proposed modifications do not substantially alter the scale or scope of the project , approve and hereby doers approve the proposed modifications as presented . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Ken erson . Nay - None . The MOTION was declared to be carried unanimouslt . Chairman May declared the matters of the Snyder subdivision and the site plan modifications with respect to Building 8 of Cayuga Vista duly closed at. 9 : 04 p . m . PUBLIC HEARING : CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL OF A SCHOOL USE , PURSUANT TO ARTICLE V , SECTION 18 , PARAGRAPH 4 , OF THE TOWN OF • ITHACA ZONING ORDINANCE , FOR THE PROPOSED LOCATION OF THE WALDORF SCHOOL OF THE FINGER LAKES INTO A FORMER SCHOOL BUILDING AT 855 FIVE MILE DRIVE , 'TOWN OF ITHACA TAX PARCEL NO , 6 - 31 - 2 - 15 , RESIDENCE DISTRICT R30 . RICHARD BERGGREN , OWNER ; MATTHEW ENGELHART AND RICHARD KINNER , AGENTS FOR THE WALDORF SCHOOL OF THE FINGER LAKES , Chairman May declared the Public Hearing in the above - noted matter duly opened at 9 : 05 p . m . and read aloud from the Notice of Public Hearin<Is as posted and published and as noted above . Mr . Richard D . Kinner was present . Mr . Kinner appeared before the Board and stated that he was asking permission to renovate and refurbish an existing school building for use as a school with a projected population of 65 students and 6 teachers . Mr . Kinner stated that the only significant change regarding the parcel that has taken place over the last several years is that the State Highway Lands have changed . Referring to the site plan submitted , Mr . Kinner noted that he had indicated on the drawing some of the basic aspects of the property and the adjacent property , including the existing Five Mile Drive , Mr . Kinner stated that the surrounding open land is all a green area which , they hope , can be a playground area . Mr . Kinner noted that there are parking spaces provided for twelve cars and six classrooms are anticipated for the School . Mr . Kinner stated that , hopefully , some additional parking area can go one of two places - - " back up here " [ indicating on the site plan ] in some of " this " State land which is adjacent to the • entranceway , about which they will be contacting the State to see what the School ' s rights would be with respect to using some of that land - - and , " this " abandoned road that runs along the property Planning Board. - 15 - June 2 , 1987 • [ indicating ] and which is the old Ithaca - Elmira Road , Mr . Kinner pointed out that that road is paved , but is not in great shape , so they may be able to use that for parking . Mr . Kinner pointed out the location of the septic system as it is located at the present time , adding that the Health Department has been contacted , and they have engaged an engineer to draw plans to assure that the septic system will meet the needs of the School as it is proposed today . Mr . Kinner also noted that fencing will be installed along the railroad bordering a portion of the property . In conclusion , Mr . Kinner , commenting that he has personally been scouting for a location for the School for a year , stated that this particular site is a central location and convenient to the School District for bussing purposes . Chairman May noted that this was a Public Hearing and asked for any comments or questions from the public . No one spoke . Chairman May closed the Public Hearing at 9 : 11 p . m . and brought the matter back to the Board for discussion . Chairman May , commenting that Mr . Kinner should be commended , stated that the last time he was in that building there was a lot of work to be done , and added that it is an attractive building . Town Attorney Barney inquired about the size of the building , with Mr . Kinner responding that it is approximately 3 , 000 square feet in size with six classrooms . Mr . Kinner stated that there are two rooms on the first floor with hardwood floors that will be divided • into four separate classrooms , adding that the proposed classroom sizes upstairs and the classrooms downstairs are commensurate with the same sizes that are presently being used at the present Waldorf School location in Danby . Mr . Kinner noted that it will be a kindergarten through 7th grade school . Town Attorney Barney pointed out that there are some access and egress requirements for the second floor . Mr . Kinner stated that the main entrance to the School is on the second floor and the slope of the land allows for a whole separate entrance to the first floor . Mr . Kinner stated that building plans are being drawn up by an engineer to meet State Codes in all the doorways , windows , and light , fire exits , alarms , etc . Mr . Kinner also noted that there are two bathrooms upstairs in thin. front two corners and one bathroom downstairs . Mrs . Langhans asked if Mr . Kinner had been in touch with the State Highway Department to find out the availability of access to using their land for a playground , with Mr . Kinner responding , no , adding that they have not made contact yet . Mr . Klein asked Mr . Kinner if he felt that the land that goes with the School were adequate for a playground , with Mr . Kinner responding , yeas . Mrs . Lanc3hans wondered how far away the School is from the railroad , with Mr . Kinner replying that it is 50 feet to 100 feet from • the School building to the actual railroad . Planning Board - 16 - June 2 , 1987 • Mr . Kene :rson wondered if school buses were going to use the driveway , with Mr . Kinner responding , no , and adding that , in anticipation of coming to this meeting , they spoke with Mr . Peter Curry , Director of Transportation for the Ithaca City School District , and he had said that it would be alright to drop the children off at the driveway entrance . Mr . Kinner offered that the School proposes to build a shelter for the children to use in bad weather while they are waiting to be picked up . Mrs . Langhans asked about the distance from the bus stop to the building , with. Mr . Kinner responding that it is approximately 200 feet from the bus stop to the building . There appearing to be no further questions or comments , Chairman May asked if anyone were prepared to make a motion . MOTION by Mrs . Virginia Langhans , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the consideration of a recommendation to the Zoning Board of Appeals with respect to a request for Special Approval of a School Use , pursuant to Article V , Section 18 , Paragraph 4 , of the Town of Ithaca Zoning Ordinance , for the proposed location of the Waldorf School of the Finger Lakes into • a former school building at 855 Five Mile Drive , Town of Ithaca Tax . Parcel No . 6 - 31 - 2 - 15 , Residence District R- 30 , 2 . This is an Unlisted Action for which the Town of Ithaca Zoning Board of .Appeals has been legislatively determined to act as Lead Agency for environmental review . The Tompkins County Planning Department , the Tompkins County Health Department , and the New York State Department of Transportation are potentially - involved agencies which are being notified as to this action . 3 . The Planning Board has reviewed the proposal at a Public Hearing on June 2 , 1987 . 4 . The Town Planner has recommended a negative determination of environmental significance , subject to certain conditions , which are part of this report . THEREFORE , IT :IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action , conditional upon the following : a . Approval of the septic system and water supply system by the • Tompkins County Health Department . Planning Board - 17 - June 2 , 1987 • b . Compliance of building renovation with all pertinent codes and regulations . c . Installation of fencing and driveway improvements , substantially as shown on the plan presented , to the satisfaction of the Town Building Inspector , with the driveway to be widened to a 16 - foot roadway with 2 - foot shoulders , with the fence in its proposed location to be subject to the approval of the New York State Department of Transportation , and with the proposed shelter also to be subject to the approval of the New York State Department of Transportation . 2 . That the Planning Board determine and hereby does determine that : a . There is a need for the proposed use in the proposed location . b . The existing and probable future character of the neighborhood will not be adversely affected . c . The proposed change is in accordance with a comprehensive plan of development of the Town . 3 . That the Planning Board report and hereby does report a recommendation to the Zoning Board of Appeals that Special Approval as proposed be granted , subject to the following conditions : a . Approval of the septic system and water supply system by the Tompkins County Health Department . b . Compliance of building renovation with all pertinent codes and regulations . c . Installation of fencing and driveway improvements , substantially as shown on the plan presented , to the satisfaction of the Town Building Inspector , with the driveway to be widened to a 16 - foot roadway with 2 - foot shoulders , with the fence in its proposed location to be subject to the approval of the New York State Department of Transportation , and with the proposed shelter also to be subject to the approval of the New York State Department of Transportation . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Kenerson . Nay - None . The MOTIO14 was declared to be carried unanimously . Chairman :May declared the matter of the Waldorf School of the Finger Lakes duly closed at 9 : 23 p . m . Planning Board - 18 - June 2 , 1987 • PUBLIC HEARING_ : CONSIDERATION OF APPROVAL OF A REVISED SITE PLAN FOR " BUTTERFIELD " ( FORMER MAJESTIC HEIGHTS ) GRANTED SITE PLAN APPROVAL BY THE PLANNING BOARD ON JANUARY 20 , 1987 . 119 DWELLING UNITS APPROVED , 119 DWELLING UNITS REQUESTED . EAST KING ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 . 31 , MULTIPLE RESIDENCE DISTRICT . AND FURTHER , CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF SAID TOWN OF ITHACA TAX PARCEL NO . 6 - 44 - 1 - 4 . 31 INTO TWO PARCELS OF 27 . 85 ± ACRES AND 2 . 71 ± ACRES , RESPECTIVELY . DAVID Co AUBLE , DEVELOPER , TROWBRIDGE — TROWBRIDGE , LANDSCAPE ARCHITECTS AND ENVIRONMENTAL PLANNERS , CONSULTANTS , Chairman May declared the Public Hearing in the above - noted matter duly opened at 9 : 24 p . m . , and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Auble and Mr . Trowbridge were present . Mr . Auble addressed the Board , commenting that this project was last before the Town Board on February 9 , 1987 with respect to the amendment of Local Law No . 3 - 1983 to include certain revised plans . Mr . Auble stated that he was before the Planning Board this evening for approval of a revised site plan , adding that he would dispense with describing a lot of the basic information which the Board members have before them . Mr . Auble stated that , after discussions with his investors , it was concluded that everyone wanted to improve the quality of the project in spite of some substantial additional costs . Mr . Auble , commenting that the plan , as approved in February , had a potential for the project becoming a college - rental - type situation , stated that they would like to appeal to a broader market which , they feel , would be better for the area and for the Town because of the higher assessments and taxes . With respect to the environment , Mr . Auble noted that some of the large parking lots have been reduced by building the garages into the units , which also reduces the potential for contaminated runoff , and added that , along those lines , they have had several meetings with the Cornell Plantations staff with respect to the protection of the South Hill Swamp . Mr . Auble stated that those discussions will be continuing and noted that in attendance tonight also is Robert Cook , Director of the Plantations and Nancy Ostman , Manager of the Plantations natural areas . Mr . Auble introduced Mr . Peter J . Trowbridge , L . L . A . , of Trowbridge - Trowbridge ASLA , Environmental Designers , Landscape Planners , and Landscape Architects , who , in addition to his own private practice , is the Program Coordinator for the Landscape Architecture Program at Cornell University . Mr . Auble also introduced Ms . Kathy Wolf , a Licensed Landscape Architect with Trowbridge -Trowbridge ASLA . Mr . Trowbridge stated that there are two actions which the developer is asking the Board to consider tonight , one being a subdivision action . Mr . Trowbridge stated that the developer is asking for the subdivision of a 2 . 71 -acre parcel from the parcel at • large , adding that that subdivision will be occupied by a single - family dwelling . Mr . Trowbridge stated that , secondly , Mr . Auble is asking the Board to look at a revised site plan and consider Planning Board - 19 - June 2 , 1987 • site plan approval . Mr . Trowbridge presented two drawings , one describing some of the technical information , one that is illustrative , as well as one which is the site plan that the Board approvedearlier this year for the same piece of real estate . Mr . Trowbridge , noting that the first original site plan had large rental - style units clustered around parking areas , stated that when he [ Trowbridge ] came on the project he and Mr . Auble began to look at a different style of project , but with the same number of units . Mr . Trowbridge pointed out that , while the acreage has been reduced somewhat because they are suggesting taking " this " piece out [ indicating on the map ] as a subdivision , the number of units is the same - - minus one , that is , a single - family dwelling on " this " parcel , with 119 units remaining on the parcel at large . Mr . Trowbridge , commenting that they began to look at a number of issues , stated that number one was an overall image , the concern being that in the overall neighborhood there is single - family housing with the exception of Deer Run , which is cluster housing . Mr . Trowbridge spoke of the existing houses on the road , with addresses on the road , and the parking associated with individual units , and stated that , at that time , they looked at a different architectural unit - - a two -bedroom with a den , parking associated with the unit , each unit with a garage , and one exterior parking space . Mr . Trowbridge pointed out that many of the units have more than one parking space per unit . Mr . Trowbridge stated that the intent was to take advantage of the real qualities of the site - - the pond , and the spectacular view , commenting that the first site plan was really fairly unspecific as related to the site it did not take advantage of the views . Mr . Trowbridge stated that they were also concerned about not bringing the housing right up next to the road , thus keeping some open space at the road edge , as well as to give each unit the ability to have green space associated with it . Mr . Trowbridge pointed out that the units in near the pond have been clustered around green spaces facing the pond . Mr . Trowbridge noted that , as with the first site plan , there is a 15 , 000 sq . ft . service building that will be used for some storage for residents , maintenance equipment , etc . , as well as a small pavilion for community gatherings , and , in addition , there will be a community walkway that would traverse the site and which would allow individual units to get access to a public walkway that would take them around the lake . Mr . Trowbridge stated that this would allow for more control and access to the green space . Mr . Trowbridge pointed out that that walkway , as well , would connect back to a bus stop that has been proposed on East King Road , Mr . Trowbridge stated that there are two entrances , one which has been mandated by an adjoining right of way that exists directly across the street on the south side of East King Road and which would create a four -way intersection if that parcel were to be developed in the future . Mr . Trowbridge noted that the quality of the development is such that each two - story structure would look very much like a single large house even though they would be multiple family dwellings . Mr . Trowbridge stated that their intent is to have the units look like single , large dwellings . • With respect to phasing , Mr . Trowbridge stated that they have discussed beginning the development at the easterly end in three phases - - possibly 40 units per phase - - building from the east going Planning Board - 20 - June 2 , 1987 • to the west . Mr . Trowbridge pointed out that there are two utility lines that currently exist on the site - - an 8 - inch sanitary sewer that runs the length of the site which will be utilized . Mr . Trowbridge stated that the developer has allowed for a 20 - foot public right of way for that utility that could then come out at the entrance on East King Road . Mr . Trowbridge noted that there is also an 8 - inch water line that runs the length of the site which would be utilized as part of the site utilities . Mr . Trowbridge pointed out how all the site drainage moves into roadside gutters , noting that the road configuration would be asphalt , crowned , with two concrete gutters and catch basins that would pick up all the water that would run from the driveways onto the road and then to a swale that traverses the edge of the property into an existing swale that ultimately connects into Six Mile Creek , Mr . Trowbridge noted that this is fundamentally the same drainage pattern that was offered in the site plan presented and approved earlier this year . Indicating on the map , Mr . Trowbridge commented that: the gray areas are the existing foundations of slabs that currently exist on the site , and stated that there would be considerable demolition of earlier Beacon Hills foundations and slabs that were constructed as part of the site development , as well as large amounts of top soil which would be distributed on the site . Mr . Trowbridge stated that , in addition , they are proposing that all the refuse , the concrete debris , on the site be used as fill , allowing for a picnic area next to the pavilion . • Mr . Trowbridge pointed out that the gray- colored area on the end of the map " here " [ indicating ] is the area defined in December , 1982 , as part of Mr . Manos ' agreement , of which they set aside this portion as a buffer zone . Mr . Trowbridge stated that they are asking the Board to consider site plan review of this plan , commenting that any building permit that would be offered for that portion would be contingent upon an agreement between David Auble , the developer , and Cornell Plantations who are responsible for the six - acre natural area near the subject site . Mr . Trowbridge stated that they are looking for site plan approval stipulating a contingency that building permits will only be issued in that zone with private agreements made between the parties . Mrs . Grigorov commented that that would only apply to one building , with Mr . Trowbridge noting that it is actually a group of buildings . Chairman :May , noting that this was a Public Hearing , asked if anyone from the public wished to speak . Mr . Robert E . Cook , Director , Cornell Plantations , spoke from the floor and stated that he was relatively new to this and understood that the Board has dealt with this area for a long time . Mr . Cook stated that , in fact , he wanted to bring up history because it seemed to him that that is what is most relevant . Mr . Cook stated that , in looking at the new proposal compared with the old , he thought that • what he would stress is the major difference of concern to them with the existing lake and line of development that had been approved and was part of the Manos ' agreement , and that was , no development beyond Planning Board. - 21 - June 2 , 1987 • " this " point .. Mr . Cook stated that there was absolutely no disagreement about the fact that this natural area is worth preserving , adding that , historically , he gathered the Town and Plantations and others have gone to great lengths to try to do this , and further adding that , in fact , much of the Manos ' agreement was contingent upon this development of an agreement that created this buffer area . Mr . Cook stated that clearly this plan here in its entirety changes that substantially and , in terms of analysis of the drainage and the total impact of not having a buffer here , they are concerned about that , so , they want to be very sure about the preservation of that , and their position is , they really believe that to be absolutely critical to the natural area . Mr . Cook stated that the Town has many times in the past attempted to protect this natural area and that the whole agreement with the Deer Run development really involves the protection of an area of land that is right next to the Plantations land and that the drainage from " here " [ indicating on the map ] goes right into that area . Mr . Cook stated that there is a sense in which just keeping faith with even that earlier agreement involves trying - very herd to protect this area right " in here " [ indicating ] , and their position is very much to try and continue to do that , adding that Associate University Counsel Shirley Egan will speak to the draft resolution . Mr . Cook pointed out on the map the line that Cornell believed to be the so -called Manos ' line which appears to be different from " this " line [ indicating ] . Mr . Cook stated that their concern is clearly with these 12 units that are up on the western side of the • lake and they would want to be in a position where unless an agreement is reached between the three parties - - the Town of Ithaca , Cornell Plantations , and Mr . Auble - - that the existing buffer , the buffer that was embodied in the Manos ' agreement would be intact . Mr . Cook stated that this would be most critical to Cornell University . Mr . Cook stated that it is not only a question of hydrology but it is also a question of general density in the area . Mr . Cook stated that it was very hard to think of a better substitute than having a buffer of natural vegetation . Ms . Nancy Ostman , Cornell Plantations , spoke from the floor and stated that it was her understanding that the boundary starts from " this survey point here " [ indicating ] , but it was intended to run perpendicular -to the road and so it would cut up " something like this " [ indicating ] . Ms . •Ostman stated that , if the buffer were intact , " these " six units would definitely be within their buffer zone , and part of " these " two units would be within their buffer zone . Ms . Ostman stated that the buffer was defined using the watershed , basically the general flow that went into the corner of the natural area and part of the Hallberg property which they have rare plants on . Ms . Ostman stated that the original agreement , in fact , included that Manos would remove part of " this one " and parts of " these units " off of the buffer [ indicating ] , adding that they would have been on our property and his agreement with us was that he would remove these cement platforms as part of his construction , so , you can see that definitely implies that the buffer was a little bit bigger . Ms . Ostman stated that Cornell is having a severe problem with " these units " , adding that Manos ' agreed to keep everything on " this " side of the creek and Ithat means that Manos ' development and this development Planning Boarc! - 22 - June 2 , 1987 • also reflected an agreement to keep everything on " this " side of the lake . Ms . Ost.man stated that what Cornell had originally , encompassed not just " these " twelve units but would have encompassed " all these units " too [ :indicating ] . Ms . Ostman stated that Cornell is not objecting to these units , at this point , but they are finding a great deal of problem with what is going on . Chairman May asked if anyone else wished to speak to this matter . Ms . Shirley K . Egan , Associate University Counsel , spoke from the floor and stated that her only concern was , commenting that she hesitated to speak to it when it has not been made the subject of a motion nor seconded , the Draft Resolution , a copy of which she had received . Attorney Egan stated that the resolution seemed to imply that there was an " agreement to agree " to allow development to the west side of the original buffer line and that troubled her a lot . Attorney Egan stated that it may lead to indications that even the Town has agreed to agree , and , if Cornell would not agree to having six units on the other side of its land then the Town would agree to allow this to happen and this is all on things Cornell knows nothing about at this moment . Attorney Egan stated that Cornell does not know what sorts of solutions might be put forward for their consideration , but it is already being implied that they might agree to them . Commenting that she has had discussions with Ms . Beeners , Attorney Egan stated that , just to voice their concerns with a resolution like • that , it implies things that just simply might not be there as of the 2nd of June , 1987 , in Cornell ' s intention about this . Attorney Egan stated that Cornell is not anti -development ; they are not just screaming for the sake of hearing their own voices ; they have some real concerns . Attorney Egan stated that this issue catches them a little bit quickly without having had a chance to bring forward their own witnesses and experts , which could be done at an adjourned date . Attorney Egan stated that this may not be necessary if we could come up with something right now that she thought may allow Mr . Auble to begin what he wants to begin on the eastern portion of the property , but which does not pre - suppose anything that is sacrosanct . Ms . Egan stated that , actually , she would have a question as to whether the Planning Board has any say in it all . Ms . Egan reiterated her concern with a pre - supposing that anyone will agree to something within this section , which for four years now has been sacrosanct , and where will not be development - - as their buffer . Ms . Egan noted again that she would question the jurisdiction of the Board to say that an incursion could be made .into the buffer , adding that it changes the use of the site and is an integral part of it and to the existence of that property . Mr . Cook ,spoke from the floor and stated that he wanted to add one further point regarding the draft resolution , which he also had received , and that was the use of the word " hydrological " . Mr . Cook stated that Cornell ' s concerns go behond hydrological , obviously , that is an ecologically important point to this parcel of land , but there • is also a basic issue of density . Mr . Cook stated that if you look at the history of the change in zoning in this area from an R30 to an R15 to a multiple residence , and now with this reduction in the area with ti Planning Board - 23 - June 2 , 1987 • the same number of units , in fact , you are continually moving in the direction of an increase in density .and an increase in the number of people in the area . Mr . Cook stated that he believed there has been a 10 % reduction in the area of this land without a 10 % reduction in the number of units , so , there has been an additional increase in density , and so , ' consequently , the buffer is not just merely hydrological , it is a kind of ecological concept that an entire system is there in place to buffer a protected area . Mr . Trowbridge stated that he would like to inform the Board that extensive studies for the westerly end of the site have been done , however , he had chosen not to present those tonight based on the resolution which was drafted for discussion this evening . Mr . Trowbridge referred to one hydrology report and stated that since then they have gone beyond those studies , and they have reviewed what the impact would be on that portion of the property with the Town Planner and with the Town Engineer . Mr . Trowbridge stated that they hesitate to get further involved in this at this forum because the spirit of this was to set aside the area on the westerly end of the property , and to allow Cornell University , Mr . Auble , and themselves to discuss what might or might not ever happen in that area , outside of this venue , rather than to bring in a number of expert witnesses to talk about it in front of the Board , adding that a more appropriate setting would be to do that outside of this forum and come to that collective wisdom among ourselves . Mr . Trowbridge reiterated that they have • studied that area and they have reviewed it with the Town Planner and the Town Encrineer . Mr . Trowbridge stated that he felt the hydrological issues for that portion of the site can be addressed , adding that , in fact , there is a letter that was drafted to the Town which shows that in the last twelve years much more water has gone into that little sub - watershed because of the existing slabs and foundations that have existed as part of the old Beacon Hills construction , and , by removing them , the developer is bringing that back close to what it was historically . Mr . Trowbridge stated that they have engineering techniques that would allow stabilizing the amount of clean runoff that would run through that area and ultimately onto the Cornell property . Mr . Trowbridge reiterated that so much more technical work has been done , and added that he wanted the Board to know that that groundwork does exist . Mr . Cook spoke from the floor and stated that he had one further comment to add which was that they , at Cornell Plantations , appreciated the intentions of the draft resolution and appreciated the need and desire! of Mr . Auble to move forward in the eastern portion of this parcel . Mr . Cook stated , however , from his perspective , from Cornell ' s perspective , to keep intact the historical belief on the part of the Town as reflected in the Hallberg agreement and as reflected in apparently a great deal of discussion before that , a natural buffer is the best solution for this particular problem right now , adding that barring a convincing demonstration otherwise , that is the way it should remain . • Chairman May stated that he did not think anyone was arguing about the natural buffer - - the question is , how much natural buffer . Planning Board - 24 - June 2 , 1987 Chairman May stated that there is still a substantial natural buffer there even with the proposal before the Board tonight . Responding to Chairman May ' s statement , Mr . Trowbridge stated that. that was their position as well , adding that they do not disagree with the concept of the buffer - it is really the configuration of what that buffer should be or might be . Mr . Trowbridge stated that they are very supportive of the concept of the natural buffer in that area . Mr . Cook spoke from the floor and stated that what has traditionally been done in most ecological situations is to begin with the drainage :basin which , he thought , was the basis of the Manos ' agreement . Ms . Ostman stated that the drainage basin , in fact , corresponds quite well with the drainage study that Trowbridge & Trowbridge provided , that the buffer that we defined with Manos using some of the experts in hydrology at Cornell , is very similar to the drainage basin that they show - - it is not very different . Mr . Trowbridge offered that the draft resolution should be set aside and look at what constitutes a good buffer and make that agreement between Cornell and his client , Mr . Auble . Town Attorney Barney wondered what if " you " cannot reach an agreement , with Mr . Trowbridge responding that that was -the reason for the third party caveat . Town Attorney Barney asked Mr . Auble if he were prepared to go with this plan of starting construction on the eastern end knowing that , conceivably , he could wind up with twelve units on the western end being taken off . Mr . Auble , the developer , stated that they would have to reconfigure at some point , adding , assuming that discussions would take place early on , and , if they had to reconfigure in some way to try and get. those units , they would have to come back before the Board . Mr . Auble stated that , if they had to go to an alternative , there might be a way to do it without infringing on the buffer area . Mr . Auble offered that from his standpoint " this " [ indicating ] is the 30 - acre property in which he has invested , adding that he knew Ms . Ostman of Cornell Plantations has strong feelings about this , but , when Ms . Ostman says " our " property - - meaning Cornell ' s - - he had trouble dealing with that . Mr . Auble stated that he wanted to keep matters on a friendly basis with Cornell , adding that he is a Cornell Alum - - a graduate of the Ag College , with an MBA from Cornell , and further adding that his studies included botany , entomology , and agronomy . Town Attorney Barney stated that Mr . Auble is before the Board requesting the Board to approve a changed plan , which they may be willing to do , but it is also being done in a context where part of that changed plan , obviously , is the subject of some disagreement . Town Attorney :Barney offered that the Board might not , necessarily , consent to another modification . Mr . Auble stated that that was a risk he was willing to take . Mr . Auble pointed out that the Planning Board is well aware of the fact that they are way under the permitted density . • Ms . Ostman spoke from the floor and spoke of the Manos ' s site plan approval when Manos moved from R15 to multi - family . Ms . Ostman stated that that approval to multi - family was contingent upon that Planning Board - 25 - June 2 , 1987 • particular site plan and that particular density , as she understood it . Ms . Ostman stated that it was subject to reversion back to R15 should that site plan not be completed , so , for the developer to say that he has the potential for considerably higher density on that site seemed erroneous to her . Ms . Beeners stated that we are dealing with the same density overall on 30 „ 56 acres as we were in the original plan . Ms . Ostman agreed . Ms . Beeners stated that , also , we are dealing with density that is the equivalent , in fact , that is lower , by about one -tenth to what would be in the R15 zone . Ms . Ostman interjected that it was more , with Ms . Beeners responding , no , equivalent . Ms . Beeners noted that were this; zoned R15 , 4 . 4 units per acre would be permitted with two - family lots , and here we have 4 . 27 units per acre . Ms . Beeners stated that that is the same number that has been maintained in the Manos , the Colletti , and now the Trowbridge plan . Ms . Beeners offered that she thought it was really apples and oranges if the reversion possibilities were going to be talked about . Ms . Ostman spoke from the floor and , commenting that she was not talking about that , stated that the implication was that there could be as many as 400 units on the property , which is what the environmental :review suggests - - that the maximum number of units on a multi - family zone would be 485 , or something - - whereas she was saying that it never was intended by the Board that the density on this • property would ever be higher than 120 . Mr . Cook spoke from the floor and stated that , presumably , the reason for the movement of twelve units to the western portion is because of the: loss of the area in the eastern portion . Mr . Auble interjected that it was actually to take better advantage of the site which is what he asked Mr . Trowbridge to design to . Mr . Trowbridge stated that this is the prettiest piece of the site and described how the site is very long and thin . Mr . Trowbridge described how they had tried to take advantage of the particular resources of that site , one being the lake , but particularly the views . Chairman May commented that that was true , adding that those houses have some of the nicest views on the whole property . Mr . Auble stated that he did not really realize it until Mr . Trowbridge got into it and when they got into the hydrology they realized they could mitigate it . Mr . Cook stated that the hydrology :issue is going to come up , and he . could understand the economic motivation of wanting to put houses on that particular location and that is fine . Mr . Cook stated that , in terms of the way the hydrology works , from their analysis , there is no doubt that water basically moves down into Cornell ' s parcel of land . Mr . Trowbridge presented a map and , commenting that he had not really wanted to get into this , staged that he had walked the area with Mr . Flumerfelt and Ms . Ostman and. Mr . Flumerfelt stated just yesterday that he would confirm that there is a swale that runs back to contour 1270 that is intact . Indicating on the map , Mr . Trowbridge pointed out that the swale shows that the extent of the drainage is actually directed to • " this area ” to " this point " , adding that at that point there are very flat gradients , but the contours suggest that water is moving in that Planning Board - 26 - June 2 , 1987 • direction . Mr . Trowbridge noted that this was a survey that was done independently by Erdman & Anthony , Engineers and Surveyors , adding that , again , they have not gotten any evidence from Cornell as to a map or a planning study , they have given us theories . Mr . Trowbridge stated that they have talked to a great number of individuals who have given them theories about what happens , however , they have actually looked at that. contour arrangement and have actually walked the swale and the water runs downhill perpendicular to the swale . Indicating on the map , Mr . Trowbridge stated that if we get water in this area , running in this direction , we expect it to run from this direction , and certainly not run on the Cornell property . Mr . Cook spoke from the floor and stated that Cornell ' s position is that this :is based on a map that was made in 1972 and they have spent 15 years of plant growth in succession on this site , which has created , basically , a situation not as a flat surface . Mr . Cook stated that the land is basically very flat with tremendous numbers of potholes . Mr . Cook said that water settles , it stays put , and then moves very slowly between pockets . Mr . Cook stated that Cornell ' s feeling is that water is generally moving in " this direction " , adding that " this " is all of the land that they have just gone through an agreement with Hallberg to create as a preserve , and to have donated . Mr . Cook stated that they feel that what this will do , in essence , is to undermine the total intent of that land . • Mr . Trowbridge stated that the problem is that they have done hydrological :studies based on topographic information and asked Cornell to produce a study that was equal to or would contradict their study . Mr . Trowbridge stated that what we are basically getting is people ' s theories , adding that he thought the intent of the resolution is appropriate and this matter is really one for another venue . Ms . Kathy Wolf , of Trowbridge & Trowbridge spoke from the floor and stated that they had walked the swale with Mr . Cook and Ms . Ostman . Ms . Wolf stated that the swale is very well defined ; it does become very flat and unclear in the location under discussion and , in fact , it does begin to flow directly to the north in that location . Continuing , Ms „ Wolf stated that they then did a more detailed study which was carefully reviewed with Mr . Cook , adding that this report suggested that some water from that area does move directly north once it gets past the 1270 contour , but , that there is a way to engineer it to be sure than. no runoff from the lawns or the roads would enter that watershed . Ms . Wolf stated that they can engineer a program so that the same amount of water enters the adjacent property , but that all the " contaminated " water is diverted to the pond . Ms . Wolf stated that they maintain that technically there is a way to do that . Mr . Cook commented that what Ms . Wolf was suggesting was that there is an engineering way to substitute for the natural buffer , and stated that they find that very hard to believe without substantial evidence . Ms . Wolf pointed out that it is not a " natural " buffer , it has been entirely graded in the past , adding that it is not like we are talking • about a piece of property that has never been touched ; it is not virgin territory ; it has been regraded ; the hydrology has been somewhat altered in the past , and it is now in engineered condition Planning Board - 27 - June 2 , 1987 • and , given the foundations there which increase runoff to adjacent property , they, can engineer it again in the appropriate manner . Ms . Beeners stated that any buffer that would be created will not be a " natural " buffer considering the fact of what you have now - - with the majority of the " gray zone " where is has been disturbed [ indicating ] . Ms . Ostman stated that the majority of the " gray zone " has not been disturbed - - only the portion in the front , where you see the foundations , has been totally disturbed . Ms . Ostman stated that the back part has not been totally regraded , and [ indicating on the map ] where the swale is shown , it looks like someone went in there with a bulldozer and took a swipe at it . Ms . Ostman conjectured that it looks like they got to the property line , where the 1270 contour is , and then quit , adding that she did not believe that that regrading significantly altered the runoff of the property . Ms . Ostman stated that it is not a total disturbing . Ms . Ostman stated that her evaluation of what has happened , in terms of the plant life on the property , indicates that it was not a significant change in terms of the runoff . Ms . Wolf stated that she thought the regrading that has been done probably occured to where the cul de sac is located . Mr . Trowbridge described a large pile of fill that has been stockpiled , probably for Beacon Hills in 1975 . Ms . Grigorov asked about the location of the new land that has been given to Cornell University . Mr . Trowbridge described 40 acres wrapped around the Cornell right of way and described how ButterField is abutting on that new gift and not • the historical piece of real estate . Chairman May asked if there were any other comments from the public . No one spoke . Chairman May closed the Public Hearing at 10 : 15 p . m . and asked the Board what its pleasure was , noting that the first thing is SEQR . Mr . Klein stated that there was an awful lot of information given to the Board tonight . Mrs . Langhans expressed her concern that there appeared to be difficulties in the two parties resolving their differences and stated that she did not know if the Board would want to approve the whole site plan where one end of it is in question . Mrs . Langhans suggested that the Board might want to adjourn since it is being asked to approve the whole site plan . Mr . Auble requested permission to speak and stated that there would be a real hardship in delaying because of the construction season . Mrs . Langhans commented to Mr . Auble that he was approved in January and he has changed it . Mr . Auble , commenting that other developers have had phases approved , such as Deer Run , stated that they have applied for a first phase in their application . Town Attorney Barney asked Mr . Auble if it were possible to approve it up to " that exitway " [ indicating ] on the left hand side . Mr . Auble responded that they would really be looking at an economic hardship situation if they do not get into motion . Mr . Cook stated that that would be okay , adding that that was in the language so that • they felt that , lacking an agreement , it remains as it is . Town Attorney Barney stated that that was why he was asking the question , adding , there is agreement or Mr . Auble may be minus those units Planning Board'. - 28 - June 2 , 1987 • " here " , in other words , the Board approves a plan where " this area " , which may end up on the plan , is not clearly defined . Mrs . Grigorov offered that -the Board is not necessarily saying that they have to come to an agreement but that it can be talked about later . Town Attorney Barney stated that he tended to agree with Mrs . Langhans who had a good point with respect to the Board approving a plan where this end is not clearly defined . Mr . Auble stated that other agreements that he has seen in reference to that property have been approved in that vein , that is , if the parties cannot agree then the matter comes back to the Board . Town Attorney Barney suggested that what is approved tonight would have to stop " here " and not go beyond " that " and be subject: to coming back , and , maybe approved , and , maybe not . Mr . Trowbridge agreed , adding that they are looking for a gentleman ' s agreement to look at that area between the two roads as a separate matter . Town Attorney Barney responded , yes , but you are asking , in the interim , for approval of a plan now which is somewhat less discreet and if you never get approval , you could wind up short . Town Attorney Barney stated that he wanted that understood that that is what we are going in under . Mr . Auble stated that he was willing to live with the Board ' s good judgment on that portion of the property . Chairman May stated that he thought there were a lot of really nice things about it and it would be a shame to lose it . Mr . Cook spoke of the effort by the Town in the Hallberg agreement . Commenting that he would like to ask a procedural question , Mr . Cook asked if the Planning Board would have any authority to even approve any part of • the subdivision that would go into that buffer zone . Town Attorney Barney repeated Mr . Cook ' s question , asking if he had it correct in that Mr . Cook was asking if this Board would have authority to approve it , and responded , yes . Mr . Cook stated that his question was based on the local law without amendment . Town Attorney Barney stated that he would have to go back and look at it , however , he thought that authority has been delegated to them by the Town Board . Town Attorney Barney noted that as far as he knew , they could prevent it also , adding , however , that he would have to look specifically at it to see if there were references to the buffer zone because he did not know precisely the wording . Board discussion followed . Chairman May reminded the Board about the proposed subdivision also under discussion . Town Attorney Barney wondered about the reasoning for subdividing off the 2 . 71 acres , with Mr . Auble responding that he has attempted to purchase the entire property but Mr . Manos is insisting on retaining that portion of: the land and they agreed to the sale , and adding that that was a stipulation that he [ Manos ] had . Chairman May commented that , originally , that was going to be his [ Manos ' ] personal house . Mr . Auble agreed , and stated that it had been designated as a single family house . Town Attorney Barney wondered if it were fair to say that Mr . Manos is demanding these 2 . 71 acres . Ms . Beeners stated that the lot was originally somewhat defined by buffer plantings , adding that the size of the lot was in the original Manos plan and , • basically , was set off as a single family home site . Mr . Auble stated that if you look at Mr . Manos ' 2 . 71 acres and the buffer plantings , you would end up very close to the presently proposed project , adding Planning Board - 29 - June 2 , 1987 • that the subdivision was not in the January 1987 plan , but the proposed house was . There appearing to be no further questions or comments from the Board , Chairman May asked if anyone wished to make a motion with respect to the proposed subdivision of 2 . 71 acres . MOTION by Mr . Robert Kenerson ., seconded by Mrs . Virginia Langhans : WHEREAS : 1 . This action is the consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 31 , located on East King Road , into two parcels of 27 . 85 ± acres and 2 . 71 ± acres . 2 . This is an Unlisted Action for which the Planning Board has been legislatively determined to act as Lead Agency for environmental review . The proposed revised site plan for a portion of this property .is undergoing separate , Type I review . 3 . The Town Planner has recommended a negative determination of environmental significance for this action , with the condition that the proposed 2 . 71 ± acre lot be restricted to a single - family dwelling . • THEREFORE , IT IS RESOLVED : That the Planning Board , acting as Lead Agency in the environmental review of this Unlisted action , make and hereby does make a negative determination of environmental significance for the proposed subdivision as presented , conditional upon the restriction of development on the proposed 2 . 71 ± acre lot to a single - family dwelling , such restriction to be evidenced by the filing of a declaration to that effect by the landowner in a form satisfactory to the Town Attorney . There being no further discussion , the Chair called for a vote . Aye - May , Grignorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was. declared to be carried unanimously . MOTION by Mr . David Klein , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This action is the consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . • 6 - 44 - 1 - 4 . 31 , located on East King Road , into two parcels of 27 . 85 ± acres and 2 . 71 ± acres . Planning Board'. - 30 - June 2 , 1987 • 2 . This is an Unlisted Action for which the Planning Board , acting as Lead Agency for environmental review , has made a negative determination of environmental significance , with conditions . 3 . The Planning Board , at a Public Hearing on June 2 , 1987 , has reviewed " Survey Map of Lands of Bill J . Manos , Showing 27 . 85 ± acre parcel to be Conveyed , King Road East , Town of Ithaca - Lot 86 , Tompkins County , New York " , dated April 20 , 1987 , by Clarence Brashear . THEREFORE , IT IS RESOLVED : i . 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 and Fina ]_ Subdivision Approval to the subdivision as herein proposed , with the following conditions : a . The provision of a final subdivision map prepared by a licensed surveyor or engineer , suitable for filing by the Tompkins County Clerk , for approval by the Town Engineer . b . The restriction of development on the proposed 2 . 71 ± acre lot to a single - family dwelling , such restriction to be evidenced by the filing of a declaration to that effect by the landowner in a form satisfactory to the Town Attorney . There being no further discussion , the ' Chair called for a vote . Aye - May , Griclorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the Auble / Manos Subdivision duly closed . Chairman May asked if anyone wished to make a motion with respect to the revised site plan for " ButterField " . Considerable discussion of the draft resolution followed among the Board members , Mr . Cook , Ms . Ostman , Ms . Egan , Town Attorney Barney , Mr . Auble , and Mr . Trowbridge . MOTION by Mr . Robert Kenerson , seconded by Mrs . Carolyn Grigorov : WHEREAS : 1 . This action is the consideration of approval of a revised site plan for " ButterField " ( former Majestic . Heights ) granted Site Plan Approval by the Planning Board on January 20 , 1987 , proposed • Planning Board - 31 - June 2 , 1987 • to be located in a Multiple Residence District on East King Road , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 31 . 2 . This is a Type I action for which the Planning Board has been legislatively determined to act as Lead Agency for environmental review . The Tompkins County Health Department and the Tompkins County Highway Department are potentially - involved agencies which are being notified of this determination . 3 . The Town Planner has recommended that a negative determination of environmental significance be made for the revised site plan as presented , subject to certain conditions . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board act and hereby does act as Lead Agency for environmental review of this Type I action . 2 . That the :Planning Board , finding that certain mitigation measures have been included as part of the proposal , make and hereby does make a negative determination of environmental significance for the revised site plan as presented , conditional upon the following . a . The developer shall comply with all conditions and • requirements set forth in Local Law No . 3 - 1983 , and Local Law No . 3 - 1987 , and associated Resolution , as the same may be amended from time to time . b . No new construction shall be permitted in the area west of the westerly line of the westerly access road as approved by the Planning Board on June 2 , 1987 unless there is execution of an agreement between Cornell University and the developer in regard to the use and management of the buffer zone as delineated on a map accompanying an agreement made on December 21 , 1982 , between Bill J . Manos and Cornell University , and a site plan is approved by the Planning Board for the road , service building , and units to the west of the westerly line of the westerly access road . If no agreement can be reached between the developer and Cornell University , the matter may be referred back to the Planning Board. for further consideration and review . c . The developer shall , at his expense , provide the Town with a 20 - foot permanent easement , and additional temporary easements as may be necessary , for the construction and maintenance of a future public sanitary sewer main from the westerly end of the proposed public sanitary sewer main , as shown on the revised plan as presented on June 2 , 1987 , to East King Road in a location within the westerly 600 feet of the southerly property line of the subject property , the • final location thereof to be determined by the Town Engineer . w Planning Board - 32 - June 2 , 1987 • d . The final site plan showing the approved portion of the site plan , in suitable form for filing and approved by the Town Planner , shall be submitted for signature to the Chairman of the Planning Board before any building permits are issued . e . Prior to the issuance of any building permits , the developer shall obtain approval of the Town Engineer for the final site development construction drawings including landscape plan and schedule as approved by the- Town Planner , and shall obtain approval of the final site drainage plan from the Tompkins County Highway Department . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Mrs . Carolyn Grigorov , seconded ' by Mr . Robert Kenerson : WHEREAS : 1 . This action is the consideration of approval of a revised site plan for " ButterField " ( former Majestic Heights ) granted Site • Plan Approval by the Planning Board on January 20 , 1987 , proposed to be located in a Multiple Residence District on East King Road , Town of Ithaca Tax Parcel No . 6 44 =ml4 . 31 . 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 mitigating conditions . 3 . The Planning Board , at a Public Hearing on June 2 , 1987 , has reviewed the following : Plan entitled " ButterField - Utilities , Conceptual Drainage Plan , and Existing Conditions , " dated May 28 , 1987 , by Trowbridge - Trowbridge , Landscape Architects . Report entitled " ButterField - A Residential Community " , dated May 28 , 1987 , along with other information submitted as part of the record . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant site plan approval to the revised plan as modified at the June 2 , 1987 meeting to exclude the road , service building , and units west of the westerly line of the westerly access road , conditional upon the following : • a . The developer shall comply with all conditions and requirements set forth in Local Law No . 3 - 1983 , and Local Law No . 3 - 1987 , and Planning Board - 33 - June 2 , 1987 • associated Resolution , as the same may be amended from time to time . b . No new construction shall be permitted in the area west of the westerly line of the westerly access road as approved by the Planning Board on June 2 , 1987 unless there is execution of an agreement between Cornell University and the developer in regard to the u .se and management of the buffer zone as delineated on a map accompanying an agreement made on December 21 , 1982 , between Bill J . Manos and Cornell University , and a site plan is approved- by pprovedby the Planning Board for the road , service building , and units to the west of the westerly line of the westerly access road . If no agreement can be reached between the developer and Cornell University , the matter may be referred back to the Planning Board for further consideration and review . c . The developer shall , at his expense , provide the Town with a 20 - foot permanent easement , and additional temporary easements as may be necessary , for the construction and maintenance of a future public sanitary sewer main from the westerly end of the proposed public sanitary sewer main , as shown on the revised plan as presented on June 2 , 1987 , to East King Road in a location within the westerly 600 feet of the southerly property line of the subject property , the final location thereof to be determined by the Town Engineer . • d . The final site plan showing the approved portion of the site plan , in suitable form for filing and approved by the Town Planner , shall be submitted for signature to the Chairman of the Planning Board before any building permits are issued . e . Prior to the issuance of any building permits , the developer shall obtain approval of the Town Engineer for the final site development construction drawings including landscape plan and schedule as approved by the Town Planner , and shall obtain approval of the final site drainage plan from the Tompkins County Highway Department . There being no further discussion , the Chair called for a vote . Aye - May , Grigorov , Langhans , Klein , Kenerson . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of the revised site plan for " Butterfield " duly closed . Chairman May declared the " ButterField " matters duly closed at 10 : 40 p . m . Messrs . Auble and Trowbridge thanked the Board for their time and is consideration . Planning Board - 34 - June 2 , 1987 ADJOURNMENT Upon Motion , Chairman May declared the June 2 , 1987 meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 45 p . m . Respectfully submitted , Mary S . Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board .