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HomeMy WebLinkAboutPB Minutes 1988-04-05 FILED TOWN OF ITHACA Date 99 TOWN OF ITHACA PLANNING BOARDClerk APRIL 5 , 1988 The Town of Ithaca Planning Board met in regular session on Tuesday , April 5 , 1988 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , James Baker , Carolyn Grigorov , Virginia Langhans , Robert Miller , Robert Kenerson , David Klein , William Lesser , John C . Barney ( Town Attorney ) , Robert R . Flumerfelt ( Town Engineer ) , Susan C . Beeners ( Town Planner ) , George R . Frantz ( Assistant Town Planner ) , Andrew S . Frost ( Town Building Inspector / Zoning Enforcement Officer ) . ALSO PRESENT : Laura Holmberg , Don Ellis , Jeff Rathke ( WVBR ) , Judy f Small , Theda Zimrot , Thomas Johnson , Tony Chiesa , Harry Roscioli , Roberta Chiesa , Elizabeth Roscioli , Lenny Fromkes , Song Kyong , Paula Weiss , Bob Leathers , George Vignaux , Michael Peyton , Eva Hooton , William Hooton , Helen Engst , Ed Hallberg , Bruce Rich , Steve Heslop , Jon " Meigs , David A . McCune , Edward W . King , Esq . , J . Hamrock ( WHCU ) , Gene Ball , . Iva Michener , Salvatore Grippi , Rosalind Grippi , Shirley Ainslie , James Ainslie , Ruth Johnson , Hugh Howarth , Jo Perry , Carl Sgrecci , Judith Cone , Steve Heslop , John Weiss , Elsie & Gery White , Gerald Hall , William Grover , Athena Grover , Celia Bowers , John Bowers , Fred Yahn ( Ithaca Journal ) , Doria Higgins , Slade Kennedy Jr . , Peter Novelli , Phiroze Mehta , Bill Petrillose . Chairman May declared the meeting duly opened at 7 : 30 p . m . and accepted for the record the Clerk ' s Affidavit of Posting and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on March 28 , 1988 , and March 31 , 1988 , 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 , op upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Tompkins County Commissioner of Public Works , upon the Tompkins County Commissioner of Planning , and upon the applicants and / or agents , as appropriate , on March 30 , 1988 . Chairman May read the Fire Exit Regulations to those assembled , as required by the New York State Department of State , Office of Fire Prevention and Control . NON - AGENDA ITEM Andrew Frost distributed to each of the members of the Board a ;� copy of his March 1988 Report of Building / Zoning Activities . Planning Board - 2 - April 5 , 1988 PLANNER ' S REPORT Town Planner Susan Beeners introduced the new Assistant Town Planner , George R . Frantz , to the members of the Board . Ms . Beeners stated that Mr . Frantz commenced work on Monday , April 4 , 1988 , and added that he has a Bachelor ' s Degree in Landscape Architecture from Cornell University , and is just about to finish his Master ' s Degree in City and Regional Planning . Ms . Beeners offered that Mr . Frantz had worked for several years with the Lancaster County Planning Commission , as well as for several other agencies , and some private firms . Chairman May , and members of the Planning Board , welcomed Mr . Frantz as a new staff member . PUBLIC HEARING : CONSIDERATION OF A REQUEST FOR REAFFIRMATION OF FINAL SUBDIVISION APPROVAL FOR THE " BLACK OAK LANE " CLUSTERED SUBDIVISION , 19 NEW UNITS AND ONE EXISTING UNIT , GRANTED FINAL SUBDIVISION APPROVAL ON MARCH 3 , 1987 , LOCATED ON 7 . 01 ACRES AT 921 MITCHELL STREET , TOWN OF ITHACA TAX PARCELS NO . 6 - 60 - 1 - 3 AND - 4 , RESIDENCE DISTRICT R - 15 , JOSEPH CIASCHI , OWNER ; WILLIAM DOWNING , ARCHITECT . Chairman May declared the Public Hearing in the above -noted matter duly opened at 7 : 42 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Chairman May invited Mr . Edward King , Attorney for the project , to address the Board . Attorney King stated that the primary reason for the reapplication was the concern with the time limitations on approval of the subdivision map . Attorney King noted that the subdivision was approved in March of 1987 , and the site plan that was used was an architect ' s drawing , noting that it was not a survey . Attorney King is seeking approval of an actual survey that can be filed with the County Clerk . Attorney King stated that there are several changes in the site plan - one change mentioned was that the proposed garages that had been up in the entrance lane on the north side of the site were removed , as required by the Planning Board in March of 1987 . Attorney King noted that the separate Tax Parcel had been delineated , whereas it had not been separately delineated on the original plan , adding , the reason for that was that the Attorney General requires that property being subjected to a Homeowners ' Association Agreement cannot be occupied , commenting that the existing house had a couple of tenants . Attorney King stated that in the official offering plan it is actually the seven acres , minus the parcel that is discussed in the plan . Attorney King commented that the offering plan itself is a 130 page booklet describing all phases of the construction . Attorney King stated that it has met the requirements of the Attorney General , except a couple of pages have to be revised , because of Town approval . • Attorney King stated that the phasing had been discussed in the original plan , but it had not been decided how it would be phased , adding that the new site plan completed by the surveyor shows the Planning Board - 3 - April 5 , 1988 . layout of the different phases of construction , and the land area being transferred to the community . Attorney King said that five phases had been approved by the Board , commenting that the applicant came back before the Board in August of 1987 to apply for approval of four units located in the southeast quadrant , which is labeled Phase 6 . Attorney King noted that Site. Plan II does not depict the roadway , but it is a private road . Chairman May wondered what the status of the buildings was at the present time . Attorney King responded that the exterior of one building is substantially complete . Chairman May noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairman May closed the Public Hearing at 7 : 50 p . m . and brought the matter back to the Board for discussion . William Lesser wondered , if the Board were to approve the plans as final subdivision plans , is there any implication that Phase 6 is being approved ? Attorney Barney responded , no , the resolutions can be made , specifically excluding that , adding that the normal requirements of a subdivision plat , as noted in Section 37 of the Subdivision Regulations , require showing alleys , roads , etc . Robert Flumerfelt , Town Engineer , mentioned the storm water • detention facility . Mr . Flumerfelt stated that he talked with Mr . Gary Wood , the Engineer for the project , and added that there would be further study on the matter . Robert Kenerson wondered about landscaping . Ms . Beeners responded that there has been some work done with respect to the landscaping . There appearing to be no further discussion , Chairman May asked if anyone were prepared to make a motion . MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : RESOLVED , that the Town of Ithaca Planning Board reaffirm and hereby does reaffirm its March 3 , 1987 , conditioned final approval of the " Black Oak Lane " clustered subdivision , comprised , of 19 clustered units and one existing single - family dwelling , located on 7 . 01 acres at 921 Mitchell Street , Town of Ithaca Tax Parcels No . 6 - 60 - 1 - 3 and 6 - 60 - 1 - 4 , with the understanding that the additional dwelling units shown on a map reviewed by the Planning Board on April 5 , 1988 , entitled " Site Plan - 2 for Black Oak Lane " , dated August 28 , 1987 , revised December 10 , 1987 , by George C . Schlecht , P . E . , L . S . , in the area described thereon as Phase VI of said " Black Oak Lane " clustered subdivision , are not approved , and with such reaffirmation being upon the further condition that the owner provide a final plat in a form meeting the approval of the Town Engineer , the Town Planner , and the • Chairman of the Planning Board , such final plat to contain all of the items required under Article VI , Section 37 , of the Town of Ithaca Subdivision Regulations , and that such finally approved plat be Planning Board - 4 - April 5 , 1988 • recorded in the Office of the Tompkins County Clerk within 90 days of such final approval . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the matter of Consideration of a Request for Reaffirmation of Final Subdivision Approval :for the " Black Oak Lane " Clustered Subdivision duly closed at 8 : 03 p . m . PUBLIC HEARING : CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO THE PROPOSED REZONING OF A 15 . 86 - ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 4 - 14 . 2 , LOCATED AT 1290 TRUMANSBURG ROAD , 48 . 86 ACRES TOTAL , FROM RESIDENCE DISTRICT R - 15 TO BUSINESS DISTRICT " B " , FOR THE PROPOSED DEVELOPMENT OF A NEIGHBORHOOD COMMERCIAL SERVICE CENTER , AND FURTHER , WITH RESPECT TO THE PROPOSED REZONING OF A 12 -ACRE PORTION OF SAID TAX PARCEL FROM RESIDENCE DISTRICT R- 15 TO MULTIPLE RESIDENCE DISTRICT . 00 HYON AND SONG JA KYONG , OWNERS ; ROBERT S . LEATHERS ARCHITECT , P . C . , SITE PLANNER . ( ADJOURNED FROM MARCH 15 , 1988 . ) • Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 04 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mrs . Kyong addressed the Board and stated that her husband , Dr . Kyong , has a medical office in the existing house located at 1290 Trumansburg Road , noting that the house has been renovated . Mrs . Kyong stated that they felt very strongly that there are not any services in that area for the people on West Hill , Mrs . Kyong noted that before the house was renovated it was rented to nurses , adding that the nurses loved to stay in that area because the area was beautiful and convenient to the Hospital . Mr . Robert Leathers , Architect for the project , appeared before the Board and appended large maps to the bulletin board . Mr . Leathers noted that when he had first viewed the site to figure out what could be done with the existing house , where Dr . Kyong wanted to have a medical office , and at the same time looked at the parcel of land for future use because the Kyongs planned to move there , and build a house , which they still plan to do . Mr . Leathers realized that that . indeed was a very nice residential area . Mr . Leathers stated that when he started looking at the second parcel of the whole property he wanted to be sure that something was going to be built that everyone could be proud of . Mr . Leathers stated that , as an Architect , he would not construct anything that he felt would not • be appealing . Mr . Leathers noted that Mrs . Kyong started with that when she approached an Architect . Mr . Leathers stated that the first area viewed was the 15 acres adjacent to Trumansburg Road , which Mr . Planning Board - 5 - April 5 , 1988 • Leathers felt was ideally situated to be used as a small neighborhood services area , and also felt that the character of that should be something that had a personal scale , adding that while it provides service to the community it indeed maintains that rural beauty and enhances that whole area by staying with a natural construction , i . e . , natural woods , working with cedar , and working with materials that would be right as a good neighbor . Mr . Leathers offered that the development would be an area of retail sales , but an area that , in fact , will have that character and personality , adding that the land has a natural rural beauty . Mr . Leathers stated that the 12 acres behind the 15 acres is proposed to be multiple family housing . Mr . Leathers noted that sometime when multi - family housing is mentioned there is a tendency to think of ugly rental units . Mr . Leathers stated that in this case it is not true . In fact , the units would look almost more like single family housing than apartment buildings . Mr . Leathers stated that the proposal is for sixty units , which would be ten buildings with six units each , constructed with natural materials , and with entrances directly from grade . Pointing to map , Mr . Leathers said that 1 . 9 acres would be a park with tennis courts , parking areas , picnic areas and maybe a small playground , which the Kyongs plan to deed over to the Town of Ithaca . Mr . Leathers noted that , in fact , it would be an enhancement of the overall character . Mr . Leathers stated that it is , in fact , true that the multiple family zoning might have approved over 200 units . Mr . Leathers stated that the developer is not proposing more because they want to retainxthe • character , and leave all that open space , commenting that the single family housing it is presently zoned for would allow at least 92 living units on that same space . Mr . Leathers commented that with 60 living units there is actually less than would be permitted at the present time , under the existing zoning . Mr . Leathers noted that the reason for a - lesser amount is to maximize the open space that links all the park - like setting together . Don Ellis , Architect , with the Robert Leathers firm , addressed the Board with some detailed outlines of the project . Mr . Ellis noted that it has been established in Planning documents all the way back to 1959 that there is a need for retail on West Hill , Mr . Ellis stated that the 1959 plan shows a location on Bundy Road , and given the fact that there is a traffic light at the Hospital entrance , and the sight lines at Bundy Road , he felt that this was a very logical location for the commercial development . Mr . Ellis noted that there is very little need for an argument to establish that there is need in the area , in general , for high quality multi - family housing . Mr . Ellis felt that said proposal is the right kind of project in a good location , as it is a location where the commercial is nicely buffered from the surrounding areas , noting that the cemetery is to the north , the proposed multi - family to the west , a NYSEG substation to the south , and across the road all the development is either office or institutional . Mr . Ellis noted that , in terms of the residential , the proposal borders against other residential , and • against the cemetery on the north . Indicating on the map , Mr . Ellis pointed out the 125 feet of developed landscape that separates the proposed multi - family from the proposed commercial , adding that there Planning Board - 6 - April 5 , 1988 • is a proposed park on the south edge . Mr . Ellis pointed out some representative photographs appended to the bulletin board , commenting that this was the type of commercial development proposed . Mr . Ellis noted that the appended photographs were very residential in character , form , and very rural appearing . Mr . Ellis stated that this is the same kind of arrangement of buildings that one would find in the farms up and down the road . Again , indicating on the map , Mr . Ellis pointed out the existing barn which might become a Health Center , and adjacent to that is about 5 , 000 square feet of retail space . Mr . Ellis stated that in the surrounding area there would be rather extensive landscaping , noting that the reason for this is that the developer has chosen to develop at a low density . Mr . Ellis noted that the buildings are spaced quite far apart , and there is a tremendous amount of land that is not being used . Mr . Ellis stated that the intention of the developer is to use a landscaping scheme where immediately next to the building a lot of care is used . Mr . Ellis stated that some trees will be planted . Mr . Ellis noted that there is an extensive buffer to the north that is sensitive to the alignment of the stream , commenting that the developer would like to enhance the stream feature . Mr . Ellis noted that there are two groupings of the multi - family units , noting that the first grouping focuses on the pond , and the second grouping is oriented 'to look down toward the lake . Mr . Ellis also noted that the multi - family units would have a single family house character . Chairman May noted that this was a Public Hearing and asked if there were anybody out there who wished to say anything on this matter . Elizabeth Roscioli of 152 Bundy Road spoke from the floor and stated that she thought it a little bizarre to even consider rezoning , building , and adding , before the City fathers do something or other about what is going to be done with the Octopus , if anything . Secondly , Ms . Roscioli wondered what kinds of businesses were proposed , commenting , what if the business is defunct - what happens to the remains that are left ? Ms . Roscioli also expressed her concern with increased traffic in the area . Mr . Leathers .responded that the proposal as outlined , in terms of neighborhood services , the traffic would not be increased , but decreased through the Octopus . Mr . Leathers stated that the rationale being , the people using these neighborhood services are going . to be from the neighborhood that is adjacent to the Hospital . Mr . Leathers does not see people frequenting the West Hill shopping center from East Hill , Mr . Leathers noted that the complex would include retail shops , such as possibly a health club , small deli , drive - thru bank , dry cleaners , beauty shoppe - those kinds of services . Mr . Leathers stated that there would certainly not be a Hilton Hotel . Continuing , Mr . Leathers noted that the buildings are drawn at 4 , 000 and 5 , 000 square feet , commenting that some of the businesses might use that much space , but it is much more likely that that size would serve a couple of merchants . Mr . Leathers stated that , in addition , some of the people • that have to go downtown for services now can shop in their neighborhood , thereby not having to make one trip down and another trip back , commenting that the average person on West Hill makes Planning Board - 7 - April 5 , 1988 between 4 . 00 and 8 : 01 trips per da downtown to in fact , P P Y , go shopping , etc . Mr . Leathers noted that the above information was based on planning information from planning references that had been put together for suburban areas . John Bowers of 1406 Trumansburg Road spoke from the floor and noted information that he felt was relevant to the traffic concern . Mr . Bowers stated that at the last Planning Board meeting of March 15 , 1988 , Mr . Leathers ' firm , Mr . Ellis in particular , offered as evidence that the traffic situation would not be worsened , in fact , would even be improved . Mr . Bowers stated that Mr . Ellis had counted around 70 cars up at Community Corners . Mr . Bowers stated this statistic would be great , except that Mr . Ellis happened to choose Tuesday afternoon at around two or three o ' clock in the afternoon , which is , as any shopkeeper knows , just about the deadest period of the week . Mr . Bowers stated that he decided , with his two sons , to go up to Community Corners and count the number of cars turning into and out of the commercial areas on Saturday between 12 : 05 p . m . and 1 : 05 p . m . Mr . Bowers stated that they counted over 500 cars turning in and out of those areas . Mr . Bowers stated that he felt the area in question was roughly comparable to the area at Community Corners , and the kinds of shops proposed are very similar . Mr . Bowers pointed out that one of the most heavily used areas at Community Corners was precisely the kind of bank drive - in that is proposed , adding that there were cars continually coming into and out of the bank drive - in . Mr . Bowers stated that he cannot believe that someone can say seriously , even if • it was just local traffic which is clearly not the case , that this is not going to affect traffic patterns - that traffic has to go into and out of this commercially developed area onto the Trumansburg Road and other roads around there . Mr . Bowers stated that this is the kind of rate we are going to have at peak hours , commenting that the figures that were given out were completely and utterly misleading . Mr . Bowers stated that he had no doubt that Mr . Leathers ' plans for said development are beautiful , as he had seen some of the work that Mr . Leathers had done , specifically the playgrounds , also noting that he has no contention that Mrs . Kyong ' s plans are something that looks beautiful , but felt this would be fine if this area were zoned for multiple residence and for commercial . Mr . Bowers felt that the only problem with said plan is that everybody who lives in this area opposes it . Mr . Bowers offered that it was mentioned earlier that plans as far back as 1959 noted this site as a good place for commercial development . Mr . Bowers noted that the question is - who determined that this is a good place for commercial development ? Mr . Bowers continued that if it has anything to do at all with the residents in the area , then the answer is quite clear - - we do not want commercial development , even nice elegant commercial development in that area - - we do not want the increased traffic that apartments in that area would add to the whole area - - we want it kept what it is zoned now , mainly single family residence and Agricultural . Mr . Bowers noted that more than 200 signatures have been collected from people living in the area and people who regularly go up and down the Trumansburg Road , which Mrs . Bowers , in a relatively short space of time , managed to collect . Mr . Bowers commented that , given another Planning Board - 8 - April 5 , 1988 two weeks , 98 % of the people in the whole area would come out against this proposed development . Celia Bowers of 1406 Trumansburg Road spoke from the floor and read aloud for the record a petition to the Planning Board , Town of Ithaca , as follows . " We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B " , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R15 to multiple residence ( to accomodate 60 apartment units ) , We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized . " At this point , Chairman May directed that the petition received from the surrounding neighbors be entered into the record . [ Attached hereto as Exhibit 1 . 1 Mrs . Bowers pointed out that she nearly lost at least 50 % of the signers of this signature because they said it was not strong enough - - they did not want commercial development even if the Octopus plans P... were finalized . Also , Mrs . Bowers noted that in her travels securing signatures for the petition she found two people who were asked to sign the petition who did not , and indicated that she would like the Board to recognize that because she felt the neighborhood does not want this . Mrs . Bowers stated that her own kids play on a Leathers ' playground and was sure that Mrs . Kyong is an honorable lady , but noted that , frankly , Mrs . Kyong is not eternal - she is going to die . Mrs . Bowers wondered what happens to the development when Mrs . Kyong dies and her heirs sell it , and it is zoned commercial . Mrs . Bowers noted that there is no way this Board , with the best will in the world , can undo that commercial zoning . Mrs . Bowers commented that the future owner may say - - I want to maximize profits on this land - - I am buying commercial property and I am going to put in another 12 buildings . At this point , Town Attorney Barney interjected and stated that the Zoning Ordinance does not permit that , the applicant has to come before the Board for a site plan approval . Mrs . Bowers responded , sure , but if it is zoned commercial , commenting that the City of Ithaca just lost a lawsuit because they wanted to stop development that the land was zoned for . Attorney Barney stated that that was a different ordinance and a different set of circumstances . Mrs . Bowers wondered , if permission was given for five buildings that no more would ever be built . Attorney Barney stated that if any more were going to be built the applicant would have to come before the Planning Board and a revised site plan would have to be approved . Mrs . Bowers stated that commercial zoning is there , and therefore , the applicant can say - look , we have this commercial site , and we need to use it to the full because we cannot make money , noting that the Board would listen to them . Mrs . Bowers stated that two or three people Planning Board - 9 - April 5 , 1988 have indicated that they would like to see a variance perhaps at some time , off the Trumansburg Road for a Mom and Pop store . Mr . Ellis , Architect , stated that traffic generation formulas were used to figure out how much traffic will result from a particular kind of business . Mr . Ellis noted that the numbers are representative , and standard numbers were used . Mr . Ellis felt that there was a misunderstanding that the developer is proposing a development that would decrease traffic . Mr . Ellis stated that the developer is proposing a density of use , and a density of population that is lower than what would happen if this land continued under the current R- 15 zoning , and added that said development is less dense than what could be done without any request of the Planning Board , Zoning Board , or the Town Board , Mr . Ellis noted that there could be at least 46 single family homes , plus accessory apartments would be permitted . Mr . Ellis felt that the traffic generated with the existing zoning is higher than what is being proposed . Mr . Ellis noted that 60 apartment units would have fewer vehicles than 60 single family houses . Mr . Ellis noted that , if the zoning is not changed , then a certain level of traffic density and population density will develop . Mr . Ellis offered that the level of traffic density for the proposed development will be lower . Mr . Ellis stated that , also significant , in fact , is since some of this is commercial facilities , the density of traffic , particularly crossing the Inlet , would be lower under the presented proposal than what would happen under the existing zoning , three years , five years , and ten years down the road . Mrs . Kyong stated that many people are working day and night for the community , and for Ithaca . Mrs . Kyong felt that these people need a place for a break . Mrs . Kyong commented that she would not do anything to take away the beauty of the area . Also , Mrs . Kyong stated that the hospital workers need a place to live . George Vignaux of 1470 Trumansburg Road spoke from the floor and stated that he did not sign the petition when it was presented to him , because he wanted to attend the meeting to hear the facts , and make his own decision . Mr . Vignaux stated that he was opposed to development on West Hill because it is zoned residential , noting that the Hospital is a variance , and the Doctors ' office medical facilities are variances to the character of the neighborhood , which is residential . Mr . Vignaux stated that he saw a domino effect where the argument is that because there is a Hospital there is a need for commercial , adding that because the commercial is there it would be nice to have residential , if we have this commercial residential package . Mr . Vignaux noted that Bruce Babcock has 160 acres of land the next block up that he would love to have as a Pyramid Mall type shopping center , and if you have already given permission for the Hospital why not give permission for this . Mr . Vignaux stated that if you give permission for this and rezone it as commercial why not go commercial on the 160 - if you do the 160 , why not put some high density factories up there , commenting that a zoning decision should not be inviolate , but very close to inviolate . Mr . Vignaux stated that the Board should , very seriously , consider any of the consequences of changing what has been established , and has caused Planning Board - 10 - April 5 , 1988 people to make their decision to live in that neighborhood , based on the established zoning that is there , and should remain . Judith Cone of 211 Perry City Road in the Town of Ulysses spoke from the floor and stated that she felt very strongly that development on Route 96 also affects the Town of Ulysses . Ms . Cone noted that she is right near Route 96 , and in the last eight years traffic has increased on Perry City Road . Ms . Cone stated that there is a lot of push in Ulysses for developments , adding that there are constant requests for rezoning for housing development , shopping malls , trailer parks , etc . , noting that Ulysses , so far , has been pretty strong about not allowing them . Ms . Cone stated that she is opposed to development on the west side of the lake because she does not feel there is a need , commenting that once the Town of Ithaca starts zoning variances to put in commercial and apartments , etc . , it will mushroom , and Route 96 will be Elmira Road , Ms . Cone felt that it would never be like Lansing because Route 96 is residential - it is one - family residential there are people living out there - it is not like Route 13 that does not have any houses . Theda Zimrot of 110 Campbell Avenue stated that , at this particular point , she is very concerned about seeing any kind of change in the zoning law , as most of us have deliberately chosen to live in this kind of rural area . Ms . Zimrot noted that she came here from New York City , and finds the area a very beautiful rural area that allows some of the advantages of the two colleges located here . Ms . Zimrot stated that she would hate to think that the City of Ithaca becomes boxed in by a variety of Elmira Roads . Ms . Zimrot felt that , to some extent , there is a possibility of bad faith in changing the area , at this point , for those of us that are living there . Ms . Zimrot stated that she works in the Hospital area , and knows how difficult it is to exit , noting that there has been a traffic light erected because of all the accidents that have been occurring there . Ms . Zimrot also voiced a concern about the ambulances that have to get to and from the Hospital , and also the added traffic . Ms . Zimrot stated that she finds herself in a little bit of conflict because she also does have respect and integrity for the people who are proposing the project , but would not like to see the proposal in this particular rural area . David McCune of 821 Cliff Street stated that he 'did not sign the petition , and rather than trying to deal with this as an emotional resident , contacted Mrs . Kyong . Mr . McCune stated that Mrs . Kyong very graciously provided the whole plan that had been provided by Mr . Leathers ' firm . Mr . McCune noted that the area is primarily residential , and currently is all residential , with the exception of the Hospital . Mr . McCune noted that the Hospital is a variance , but is clearly not in keeping with the residential character of the neighborhood . Mr . McCune expressed a concern to Mrs . Kyong that there is obviously potential within this community for a number of people to develop West Hill , and felt that the Planning Board had to decide if that is to happen , and how that is to happen . Mr . McCune stated that , in his opinion , the proposed development is a very tasteful and very thought out plan . Mr . McCune noted that , when he discussed the Planning Board - 11 - April 5 , 1988 project with Mrs . Kyong she assured him that the concepts for the project were very much in keeping with the concerns of the residents . Mr . McCune stated that his concerns in regard to traffic were , if there is going to be an increased traffic density in said area for people going to and from shops , that he would just as soon see othe people coming from Trumansburg toward Ithaca not continue down Trumansburg Road , and cross the Octopus , but merely stay on the outskirts of town and go back in that capacity , adding that this would continue in both directions and probably , ultimately , have some effect in terms of decreasing the road usage down below . Mr . McCune stated that he is a businessman on Cliff Street , and has difficulty exiting his business , noting that if he did not have to go down through the Octopus for lunch , and could stay on West Hill it would be convenient . Mr . McCune offered that in talking with individuals from the Cayuga Heights area , and the Community Corners area , he felt that the area was a similar type of concept , although disagrees with the rate that Community Corners has developed . Mr . McCune stated that if the restrictions are to be placed on the proposed project as to its size and character , he felt the proposal was a good idea . Mr . McCune stated that the residents around the Community Corners were very adamant in not wanting the shopping center removed from their neighborhood , because they do a good deal of their shopping there , and find it convenient . Mr . McCune stated that he discussed the convenience aspect with Mrs . Kyong , and noted that he is not opposed to the project in any way , shape or form . Mr . McCune mentioned that there are details to be worked out , but was assured by Mrs . Kyong , and Mr . Leathers ' firm , that they are open to the nitty - gritty types of details and concerns . Mr . McCune stated that he believes there are a number of individuals in favor of this type of development . Bruce Rich of 253 DuBois Road spoke from the floor and wondered who owned the property on the west side , with Mr . Ellis answering , the 48 acres is part of the Kyong parcel , and there are no plans for development at the present time , because the water district does not come up that far . Mr . Leathers stated that , yes indeed , sometime in the future houses will be built there in conformance with the zoning and residential character , adding that the fact is , there is no intention , absolutely no intention now , or in the future , of putting any multiple family or putting anything except what it is zoned - - family residential . Rosalind Grippi of 423 East Seneca Street spoke from the floor and stated that she had spoken at the March 15 , 1988 Planning Board meeting opposing said project . Mr . and Mrs . Grippi own land on West Hill , which is adjacent to the proposed project . Mrs . Grippi inquired as to how the parcel could be developed with more units than at the present time . Mr . Leathers stated that what he suggested was that , in fact , with a multiple family zoning it would be conceivable that someone could draw a plan and propose as many as 200 units on 12 acres , if it were rezoned to multiple family . Mrs . Grippi wondered if it were true that there would be one exit and one entrance , using the traffic light , for the commercial development and also the multiple housing , with Mr . Leathers responding , yes , we are proposing one entrance at that location , because we felt it was better to contain Planning Board - 12 - April 5 , 1988 the traffic where there is good control , rather than to distribute the turnoffs along the road . Mrs . Grippi stated that she felt that would be a lot of traffic for one exit and entrance . :Mrs . Grippi stated that the Kyong development , as proposed , would have an extensive impact , as judged from the West Hill residents , on the quality of life of others living in the vicinity who moved to West Hill because of its special character , and who depend on present zoning to protect that character . Mrs . Grippi noted that individuals , buying on West Hill , or people already living there , anticipated growth , but controlled growth , under the protection of present zoning . Mrs . Grippi offered that in addition to the immediate neighborhoods the Kyong proposal impacts on all those who use Route 96 , noting that anyone concerned with access to the Hospital , and that means nearly everyone in Tompkins County , that the Hospital is expected to serve , Mrs . Grippi commented that the Kyong property is located at the hub of thinking about Route 96 - - that is next to the Hospital . Mrs . Grippi felt this was not a modest zone change , we are talking about two zone changes , noting that there was a variation granted for that property , she thought , only two years ago . Continuing , Mrs . Grippi stated that the residents are concerned about that one light , commenting on the fact that using one entrance and exit is a positive recommendation for the change in zoning . Mrs . Grippi stated that the Kyong property also extends to Hopkins Road , and includes a little on :Hayts Road , adding that she could imagine that sometime the density , or just the activity generated by the change in zoning , will necessitate an exit off to Hopkins Road , and the use of Hayts Road which would then come down and join Route 96 , separating the two areas of the cemetery . Mrs . Grippi stated that she was informed that the Kyong project is well located in respect to Route 96 because of the possibility that Route 96 or other roads may , in fact , be mapped to descend behind the Hospital to Route 89 . Mrs . Grippi commented that she could not quite understand why that might be to the advantage of this project , but on the other hand pointed out that Route 96 may not be placed in that way , and if it is not placed to descend to Route 89 , and / or , if it is , it is possible that Route 96 may carry the traffic away from the property and make the commercial area fairly inaccessible , or may leave a commercial development in the wrong location . Mrs . Grippi stated that , in other words , she does not believe that future thinking should be encumbered about the design , shape , and path of Route 96 in the vicinity near the Hospital by also prematurely mapping a commercial area and multiple residential district in the vicinity . Mrs . Grippi felt that Route 96 must be solved first , before there are any changes in zoning . Mrs . Grippi noted that she remains incredulous that the proposed developers answered no to the question in the Environmental Impact Study that asked " will proposed action result in the generation of traffic significantly above the present levels . " Mrs . Grippi stated that in addition to solving the Route 96 design , a Comprehensive Plan for West Hill should be in place before zoning changes are granted . Continuing , Mrs . Grippi stated that she is in agreement with the Tompkins County Representative who stated that " generally speaking throughout the County , planning activity has been fragmented " . Mrs . Grippi stated that the Ithaca Journal also pointed out that traffic problems have a way of transcending municipal boundaries , with Mrs . Grippi commenting that this is especially true for West Hill , where Planning Board - 13 - April 5 , 1988 • one main artery , primarily one main artery ( Route 96 ) , serves the City and Town , as well as municipalities beyond for important access to jobs in the City and the Hospital on West Hill . Mrs . Grippi stated that she felt there should be a Comprehensive Plan for the Planning Board to function . Mrs . Grippi wondered if the Planning Board could make any determination without a Comprehensive Plan , adding that she understood there was no such thing as a Comprehensive Plan , or none that was done beyond 1959 . Mrs . Grippi referred to the Zoning Ordinance , Section 78 , which states : Planning Board Recommendations . In making recommendation to the Town Board and the Board of Appeals , the Planning Board shall determine that : 1 . " There is a need for the proposed use in the proposed location . " Mrs . Grippi remarked that whether there is a need for a commercial district could be argued back and forth , but on the other hand , whether there is a need for the proposed use in the proposed location requires that there be a Comprehensive Plan for the development of West Hill , Mrs . Grippi noted that in making recommendation to the Town Board and the Board of Appeals the Planning Board shall determine that too . 2 . " The existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected . " Mrs . Grippi stated that the existing character of the • neighborhood is judged by those who live there , noting that most people who live there felt it would be adversely affected . Mrs . Grippi noted that , as to whether the probable future character of the neighborhood in which the use is to be located will not be adversely affected would depend , again , on the future thinking about the development of West Hill which would require a Comprehensive Plan . 3 . " The proposed change is in accordance with a comprehensive plan of development of the Town . " Mrs . Grippi stated that she heard there is no such Comprehensive Plan . At this point , Chairman May stated that there is a Comprehensive Plan within the Town , and the courts have ruled that a comprehensive plan need not be a single document . Chairman May noted , at this time , that one more person could address the Board before the Public Hearing was closed . Doria Higgins of 2 Hillcrest Drive spoke from the floor and stated that the Public Hearing should not be closed if there are other people who want to be heard , commenting that that is unfortunate . Ms . Higgins , in response to Mrs . Kyong ' s statement , stated that the motivation for this plan was to serve the people who work in the Hospital , which Ms . Higgins felt was a very commendable motivation , . but as someone who has worked at the Hospital , and on the Hospital grounds since 1964 , retiring about three years ago , she never felt a need to go across the street to do marketing . Ms . Higgins stated that Planning Board - 14 - April 5 , 1988 • most Hospital employees have one -half hour for lunch and do not go out to market and do their childrens ' diapers , noting that the employees go near home to do those things , adding that , there is no need for that reason to have a commercial development across from the Hospital . Ms . Higgins also studied what the courts require in terms of a Comprehensive Plan , and it is unfortunate that one is not available in writing that the public can review , adding that , in her opinion , 1959 is a long time ago . Ms . Higgins also pointed out that there is an enormous amount of development going on all over the place , i . e . , 175 acres above West Haven Road that are going to be developed , and several other large scale developments . Ms . Higgins stated that she felt it was most unfortunate that this is going ahead without a real plan . At this point , Chairman May stated that he was going to close the Public Hearing , as the Board was hearing repeat comments . Jonathan Meigs of 235 Culver Road spoke from the floor and protested the closing of the Public Hearing . Chairman May responded that Mr . Meigs could speak before the Board . Mr . Meigs stated that he felt it really unfortunate to cut off public comment . Mr . Meigs commented that he felt the Town does not need wrap -around development , adding , that speaks to Comprehensive Planning and long -range planning . Mr . Meigs noted that he does not • live in the immediate area , but lives in an area of the Town , obviously , that has had certain development pressures , and development related pressures . Mr . Meigs stated that he agrees with most of the previous speakers that the area is basically a residential area , and felt it should remain so . Chairman May closed the Public Hearing at 9 : 10 p . m . , with Attorney John Barney ' s concurrence , and brought the matter back to the Board for further comments and discussion . Susan Beeners suggested that the Board should consider exactly what the character of the neighborhood is in regard to the Kyong project , also what some of the surrounding land uses are , and what the zoning is that is adjacent to the Kyong site . Ms . Beeners stated that she would be willing to answer any questions . Board Member Virginia Langhans stated that the Mayer School is in the area , and is not residential . Susan Beeners , Town Planner , appended a large Land Use map to the bulletin board , along with an enlargement of West Hill . Ms . Beeners pointed out that the lower map shows land use and land cover , inventoried by color , as of 1986 , with updating . Ms . Beeners , indicating on map , stated that the Kyong site is the northern half of " this " brown area , noting , at the time the inventory was done it was being identified as inactive Agricultural land . Ms . Beeners noted • that the purple area , [ indicating on map ] that appears somewhat to the northeast of the site represents the Tompkins County Professional Building which is zoned Business " A " , and remarked that " this " map Planning Board - 15 - April 5 , 1988 • thus shows what the distribution of commercial is , as well as a whole variety of other land uses in both the Town and the City . Ms . Beeners pointed out East Hill Plaza and Ides Bowling Center , Ms . Beeners stated that the dark pink areas are public use or tax exempt lands . Ms . Beeners also pointed out the Hospital , the Special Land Use District that was created for the Biggs Center area , the Mayer School and Broome Developmental Center in the old Odd Fellows Complex , and the Lakeside Nursing Home . Ms . Beeners offered that she was trying to show , in two scales , what has occurred as far as zoning is concerned , and felt it was the responsibility of the Town to fulfill needs and to work along in a dynamic comprehensive plan . Ms . Beeners noted that there is a large R- 15 area , and noted that most of that area is capable of being served by public water and sewer at the present time . Ms . Beeners noted that adjacent to the R - 15 area on the other side of the road there are several Special Land Use Districts that were created around existing buildings that had been there for quite a long time and had gone from one institutional use , and were then converted either into an institutional use or semi - institutional use . Ms . Beeners pointed out that to the south of the Kyong site is the NYSEG substation , which at this time is only occupying about one -quarter of its land , but that facility could be expanded . Ms . Beeners stated that she did not consider that NYSEG facility terribly amenable to having medium density R- 15 residential adjacent to it . Ms . Beeners noted that the yellow areas indicated where there is presently single or two - family residential development at this time , and that the • orange -yellow shows the multiple residence zones , one being seven units in the Odd Fellows Carriage House , and the other being the Candlewyck Apartments which has a density of about 13 units per acre . Ms . Beeners offered that , in her opinion , the Kyong proposal makes sense from a land use standpoint because it would be located adjacent to another business area , and adjacent to a number of non - single or two - family uses which do exist , and have existed for quite a long time . Ms . Beeners noted that , as far as choosing this location , besides having an association of other institutional or business uses , there is the matter of what circulation is going to be like in the future , and of course , everyone is waiting to see what will happen with Route 96 . Ms . Beeners stated that , irrespective of whether Route 96 is relocated and designed to have an interchange roughly opposite the Kyong property , or if the city adopts Plan A , the hospital entrance at the traffic light is a major intersection , adding that there is the need to develop better circulation between the City and the Town , noting that if Route 96 were not relocated , the Town might require developers to provide a better access perhaps , a road located below the Hospital in some type of alignment to access Route 89 , or some type of a connection southward . Ms . Beeners commented that while there are several pending road decisions this location appears to be the best and most central location for what is a very modestly scaled shopping area . Ms . Beeners mentioned the fact that combining East Hill Plaza with the Ide ' s Bowling center there is about 200 , 000 feet of commercial space on about thirty acres , and noted that the Kyong proposal is presently being proposed for 20 , 720 square feet of new commercial space , with possibly some additional expansion , but nothing approaching the East Hill Plaza which is Business " C " . Ms . Beeners stated that she envisions the consolidation of the non R- 15 uses in a Planning Board - 16 - April 5 , 1988 • nodal pattern , and perhaps including a portion of the old Odd Fellows farm parcel , which is owned by Cornell . Ms . Beeners stated that there is a road system that may develop using the right- of - way between the Mayer School and the Carriage House that could loop around and actually go through the proposed Kyong site plan as a potential road extension . Ms . Beeners noted that these types of efficient concentration of land uses are needed in this location , as the infra - structure is considerably reduced , and the traffic impact can be controlled because the traffic can be organized on several connecting roads . Ms . Beeners stated that concentration of these land uses at this location would help retain the residential character of established and probable R- 15 neighborhoods . Ms . Beeners noted that said proposal is compatible with a comprehensive plan of development , and commented that , accepting a proposal in this central location there would be less pressure on the remaining Trumansburg Road corridor for commercial or high density development . Ms . Beeners remarked that in the 1950 ' s there was a plan for locating a shopping center on the Perry farm , and there was a need established at that time for commercial on West Hill . Ms . Beeners mentioned that there have been some inquiries by Babcock for commercial development on his property . Ms . Beeners stated that she understood that the City was still recognized by the Town as being the traditional business center for Ithaca , and noted that there is a lot of development commencing in Lansing that would serve the needs of the greater region for quite a while . • Board Member Robert Ken erson inquired about the Fire Station location . Indicating on map , Ms . Beeners pointed out , that the Fire Station would be " here " on the south edge of the former Odd Fellows Farm . At this point , Chairman May asked for any other questions or comments from the Board . Mr . George Vignaux of 1470 Trumansburg Road spoke from the floor and wanted to ask one question . Chairman May responded that the Public Hearing had been closed . Mr . Vignaux stated that he would like to enter , for the record , a protest at this time . Board Member William Lesser pointed out , for the record , what appeared to be typographical errors which are as follows : 1 . Letter to Susan Beeners from Robert S . Leathers , P . C . , dated March 31 , 1988 . NARRATIVE - should be a 12 acre Multi - family area . 2 . Environmental Assessment Form for commercial development . Site Description - Application is 15 . 86 acres . Approximate Acreage - - Meadow or Brushland ( Non -Agricultural ) - Presently 14 . 00 acres . Forested - - 1 . 86 acres . Mr . Lesser stated that the Kyong ' s office and barn is presently on the site and felt that it should be reflected that there were some buildings presently on said site . Planning Board - 17 - April 5 , 1988 Board Member Virginia Langhans wondered if the Board was in 40 agreement with the proposed one entranceway for the development . Chairman May responded that it has always been the Planning Board ' s preference to have a minimum of two entrances . Chairman May asked Mr . Leathers about a service entrance by the cemetery , with Mr . Leathers answering that a service entrance in that location had been explored . Mr . Leathers noted that the developer wanted to control the traffic more , and felt that there would be better control with one entrance , adding that a service entrance could certainly be provided . Chairman May stated that he felt the Board would be more comfortable to see a service emergency entrance provided , but noted that the traffic light is a controlled entrance and has a lot of benefits . Town Planner Susan Beeners wondered if an alternative might be a boulevard at the entrance , which would be similar to the one at the Hospital . Robert Flumerfelt , Town Engineer , concurred that a low- key secondary access or a divided main access would be in order . Chairman May stated that he would like to see both a secondary access and a divided main access , adding that a divided entrance would match the Hospital and a service entrance would serve as an alternative access . William Lesser commented that he could appreciate the value for some commercial development on West Hill , and felt that Ms . Beeners ' statements were well taken that this area would seem to be a better location than many others . However , Mr . Lesser was concerned with the request to rezone 15 - 16 acres when only a small portion is intended to be used at this time . Mr . Lesser felt that , if indeed , the Board does rezone that area , although the Planning Board does have the right to review any site plan changes , etc . , it would be very difficult for the Board to maintain much control over the situation , remarking , in that respect the recent decision in the City was some indication - - if it is zoned B , and there is something that is appropriate in Zone B then Mr . Lesser personally felt he would have a difficult time denying that right . Mr . Lesser stated that he would look on the commercial development section far far more favorably if at this point in time the request were for an area that was more in accordance with the amount of development that was proposed , with the possibility of recommending additional rezoning at some future time , should the need arise . Mr . Lesser noted that the proposal is done in a fairly small strip down the center , and does not see any reason why that area in itself could not be considered for rezoning at this time . Town Attorney Barney stated that the case in the City involved an area that was zoned for duplexes , among other things , and duplexes were permitted in that area , adding that the lots met the size . Mr . Barney noted that it would be similar to someone coming before the Planning Board in an R - 15 zone , and showing one 30 , 000 square foot lot and requesting to subdivide it into two 15 , 000 square foot lots . Mr . Barney stated that the City did it in the guise of saying - we do not like the density , but noted that their Ordinance had already provided , and specifically allowed for that type of development to occur in that type of area . Mr . Barney stated that when the Town goes from a • residential zone to a Business zone , A , B , C , D , E , or to a Multiple Residence zone , the process requires a general site plan and a rezoning based upon that general site plan , not on some other site Planning Board - 18 - April 5 , 1988 plan , and then a return to the Planning Board for clarification and completion of final details . Mr . Barney referred to Article IX , Site Plan Approval , which specifically states that whenever a district is created pursuant to the provisions of said Article , the owner shall be bound by the site plan as approved and adopted by the Town Board , Mr . Barney offered that once the site plan is adopted there is no question but what the Town can take the position the rezoning was pursuant to a general site plan and that is what the applicant is bound to . Mr . Barney commented that that is not to say that some Board in the future will not say that a modification should be permitted , but the applicant has to come before the Town and seek permission for modification , adding that it is not something that is there as a right . Mr . Barney stated that he wanted to make clear that there is a distinct difference between what happened in that one case in the City and the way the Town of Ithaca Ordinance is constructed , insofar as commercial and multiple residence zones . Board Member Klein noted , as stated by others at tonight ' s meeting , no one would question the integrity of those proposing the development nor the qualifications of the designers of said project . Mr . Klein stated that everyone recognizes Mr . Leathers as an excellent designer . Mr . Klein stated that , in a kind of perverse way , the very successful potential design of said development may also lead to a substantial number of problems because it is potentially so attractive , and so well done . Mr . Klein felt that it had potential to go beyond what is proposed as a neighborhood development , commenting that people would come from Trumansburg , and maybe across the hills . Mr . Klein felt that the success of the project may have a ripple effect of putting some pressure on for some additional development on the site . Mr . Klein stated that he had a problem with trying to call the project a neighborhood shopping area , although considering Route 96 , and the Town Planner ' s presentation , it probably is the best spot along Route 96 , but the fundamental question is whether the Board accepts the best place , or nothing at all , adding , in his opinion , that is what the neighborhood is saying . Mr . Klein also noted that he was worried about what impression is given future Planning Boards in terms of recognizing what really is the first commercial zone , noting that there are typical areas at the Hospital and the Professional Building , and stating that exceptions have had to be made for creative reuse for some of the other facilities in the area . Mr . Klein stated that he liked the character of Route 96 , as it is , by the Hospital , and felt that the development , as presented , may very well fit in there . Mr . Klein stated that , at this point in time , he is not personally comfortable with changing the zone from residential zoning to commercial Business " B " zoning . Also , Mr . Klein noted that a small cafe or restaurant was mentioned , commenting that , according to the Zoning Ordinance , a small cafe or restaurant is not even allowed in a Business " B " , remarking that it would have to be a Business " C " . Mr . Klein also felt that at this point in time there were still too many unknowns , adding , people have referred to the 1959 Comprehensive Plan which indicated some commercial in this area . Mr . Klein offered that • the Zoning Ordinance , which has been amended many times , and most recently amended in 1968 , is the version the Board is working with , still has not included any zones on subject strip for commercial , Planning Board - 19 - April 5 , 1988 • noting that there are some on Route 96B , and others in the Town , but apparently Route 96 was not recognized adequately to put a business zone on that part of Route 96 . Mr . Klein stated that when the proposal was first presented he did not have very good feelings about it , although the project itself may , as a piece , be very well done . Mr . Klein stated that he cannot buy the concept of the proposal at this time , adding , if the people on West Hill want a neighborhood shopping center then the neighbors should come in and state that they want more conveniences on West Hill , noting that he had voiced an objection in other areas that the Board had looked at . Mr . Klein felt that at this point in time he does not see the demonstrated need for rezoning said property . Ms . Beeners noted that the Tompkins County Professional Building across the street from the Kyong parcel is zoned Business " A " . Chairman May offered that there is quite a community right at the Hospital and the Biggs Complex , which certainly has both demonstrated and expressed interest in subject project . At this time , Chairman May directed that the petition received from the surrounding neighbors in favor of the proposal be entered into the record . [ Attached hereto as Exhibit 2 . 1 Board Member Klein noted that the great majority of the people that signed the above noted petition in favor of the proposal work at the Hospital , with Chairman May stating that there is no question about that . Chairman May stated that , in his opinion , there is quite a substantial community that exists within the Hospital , the Biggs Complex , etc . , adding that that is part of the community in the area . Board Member Carolyn Grigorov stated that she had viewed the area , and felt that the neighbors were pretty far up the road . Mrs . Grigorov noted that there is one house next to the cemetery , and across the road there is an antique store . At this point , Mrs . Bowers interjected and stated " that is a home owner business and that is a home , not a store " . Mrs . Grigorov also noted that there was a vegetable stand farther up the road . Chairman May also stated that he had viewed the site and noted that with the traffic light , that particular location makes a lot of sense . Chairman May stated that the Town Board would be acting as Lead Agency , and the Planning Board would only be making a recommendation in the matter , but wanted to be sure the rezoning application was complete , prior to going before the Town Board . Jonathan Meigs of 235 Culver Road spoke from the floor and wondered when the matter would be likely to go before the Town Board . Attorney Barney responded that it might be as early as April 11 , 1988 , but more likely it would be the May 1988 meeting of the Town Board . Board Member Virginia Langhans stated that she thought the Town • Planner , Susan Beeners did a very good , fair , and thorough Job in Planning Board - 20 - April 5 , 1988 • putting the matter together . Chairman May concurred with Mrs . Langhans . Susan Beeners , Town Planner , stated that the rezoning application would be complete before being forwarded to the Town Board , noting that the Town Board would be indicated as Lead Agency in the matter , and signatures of the applicant would also be included on the original EAF . Board Member William Lesser wondered about the maximum vehicular trips . Ms . Beeners responded that the 156 to 159 total was based on what was agreed as typical trips generated during a peak hour . At this point , Mr . Ellis distributed copies of the Kyong Traffic Analysis to the Board . [ Attached hereto as Exhibit 3 . ] Board Member Robert Miller , referring to the proposed draft resolution , wondered about 3d , which states , " At such time as long range impacts to traffic circulation are identified and attributable to the proposed development , or in the event that a relocated Route 96 is not constructed by New York State , the Town of Ithaca may require the developer to contribute to the cost of any roads that might be required to improve circulation between the Town and the City of Ithaca . " Mr . Miller stated that it sounded to him like the beginning of impact fees . Attorney Barney stated that Ms . Beeners had constructed the statement very nicely , commenting that the way the • statement is phrased it may be required , and adding that a legal determination may be made at that point in time as to what the authority is to require , under what circumstances , and under what basis it could be required . Mr . Miller wondered if this were future impact , with Mr . Barney answering , something like that . Board Member William Lesser , referring to the proposed draft resolution , wondered about 3e , which states , " Provision of public transportation to the proposed Business and Multiple Residence developments " . Mr . Lesser wondered if there was going to be bus transportation to the project . Ms . Beeners responded that as long as there is some public transit it is recommended that the bus that currently goes to the Hospital , as well as Gadabout , also include stops that would be convenient to the business and multiple areas . Town Attorney Barney suggested , public transportation , if available . Town Engineer , Robert Flumerfelt , stated that traffic seems to be a major consideration in this proposal , and reported that he had completed a summary . Mr . Flumerfelt remarked that at the present time Cliff Street is approximately at 75 % capacity , noting that the Neiderkorn report states the ultimate capacity is estimated to be about 1 , 875 vehicles per hour . Mr . Flumerfelt noted that , presently , the maximum peak hour traffic is about 1 , 425 vehicles per hour , which is a difference from the ultimate of about 450 vehicles per hour . Mr . Flumerfelt noted that in the figures being presented only 27 acres have been assumed in the proposed development . Continuing , Mr . • Flumerfelt stated that if the portion of the Kyong property proposed for business and multiple residence use were developed under the existing zoning classification , ( all single - family residential ) , the Planning Board - 21 - April 5 , 1988 • estimated increase in peak hour traffic is 109 vehicles per hour , commenting that , assuming that about 95 % of that traffic will use Route 96 and Cliff Street , the increase would consume about 23 % of the remaining capacity of Cliff Street , Mr . Flumerfelt stated that if the zoning reclassification were approved to convert 12 acres to multiple residence and 15 acres to business / commercial use , the estimated increase in peak hour traffic would be 156 vehicles per hour . Mr . Flumerfelt offered , assuming that 95 % of the residential and 300 of the commercial traffic generated would affect traffic on Cliff Street , that the traffic increase would consume about 16 % of the remaining capacity of Cliff Street . Mr . Flumerfelt commented that , with no development on the Kyong property , and assuming the continuing rate of increase of Cliff Street traffic due to other development in the region that has occurred in the last two years , Cliff Street would reach capacity ( service level E ) in about seven years , therefore , the development of the Kyong property under the present residential zoning would shorten said time period to five and one - half years , adding that , with the request in the change of zoning , the time period until capacity is reached would be shortened to about six years . Mr . Flumerfelt stated that the above only concerns the Kyong parcel . Carolyn Grigorov wondered if one of the serious concerns of the people in the area was that this development would be the entering wedge for much more commercial development . Ms . Beeners answered that the proposed Kyong development , along with possible on - site expansion , would serve current and presently foreseen needs . Ms . Beeners • mentioned that , perhaps part of the Odd Fellows farm parcel to the south would eventually be multiple , or maybe Cornell would want to do something as far as the school use or offices , as it has some of the same locational advantages as far as being on a State road , adding that there are some locational disadvantages for R- 15 housing right along the frontage of that property . Chairman May offered that that may end up being an institutional use , not necessarily commercial . Attorney Barney wondered if there were a problem with , perhaps , limiting the commercial rezoning to the portion north of the proposed road . Ms . Beeners wondered what would be done with the remaining land between the NYSEG substation . Chairman May stated that the remaining land certainly should not be R- 15 , noting the way it is sandwiched in between . Chairman May stated that NYSEG has four or five acres , and at the present time is utilizing a very small amount , and that NYSEG might well want to expand the substation . William Lesser stated that he remains concerned about rezoning such a large area with such a small portion to be used . Town Attorney Barney noted that if the small strip of land is left R- 15 , and the road is constucted , it could be divided into conventional R - 15 lots , adding , if it is zoned commercial it would stay open as long as said plat is in effect . Mr . Lesser noted that from his point of view there is a considerable amount of more • attractive land in that area , commenting that , if it is rezoned commercial , and there is a credible case for expanding , it seems much more likely to be developed because commercial land is far more scarce Planning Board - 22 - April 5 , 1988 • on West Hill at this time . Mr . Lesser felt that the land should be left R- 15 . Chairman May stated that he had a greater concern that the area would become residential than someday becoming commercial . David Klein felt that Mr . Lesser ' s point was very well taken . Mr . Klein noted that the project is proposed on a very small scale but that the rezoning is for a far larger tract of land . Mr . Klein stated that a Planning Board in the future could acquire the minutes to tonight ' s meeting and see that 15 acres of subject parcel is zoned commercial , and very well the only chunk of land on that strip that is zoned commercial , and that site would be more intensely developed . Mr . Klein stated that if the Board wanted to rezone the parcel as to what is proposed the door does not have to be closed in terms of rezoning further phases . Mr . Klein felt the Board was going overboard to pick up all 15 acres when such a small area is being used . Mr . Lesser said he was concerned with the land between the office and the road , back to the area that is shown as the multi - family . Mr . Leathers stated that the use of the area to the south as an R- 15 would not necessarily be appropriate to have a house located there . However , Mr . Leathers stated that if the Planning Board were to propose that only that area were going to be rezoned , then it would be something the developer would consider , and something that Mrs . Kyong has considered before , noting that the plan is to develop on that portion . Continuing , Mr . Leathers stated that if the portion to the south were left open , it would seem fine . Chairman May stated that the Board would not do anything that would preclude the developer from leaving it open . At this point , Chairman May asked Town Planner Susan Beeners for her comments on the issue . Ms . Beeners stated that from her viewpoint , it would make sense if there is going to be any planning ahead , as some people seem to be asking for , that the Board try to designate some extra business land so that there could be commercial development in a centralized location on West Hill , so the Planning Board would not receive requests later on for what might be rezoning in the wrong location . Ms . Beeners commented that what is being proposed at this time , as far as square footage is concerned , is capable of serving around 1 , 000 dwelling units . Ms . Beeners noted that the service area on West Hill , roughly north of Coy Glen and Poole Road , is estimated to have around 800 units . Ms . Beeners noted that when said proposal was reviewed , in defining the area around existing buildings , including the house and office , which is about five acres or so , the lot coverage in that affected area where these buildings are located would have about 10 % building coverage on the site . - Ms . Beeners stated that she had estimated there might be some room for some expansion in the three and one - half acres to the south of the road , plus maybe there could be an additional building located north of the parking lot that is in the open area , and still keep at least 100 - 200 feet from the northern property line . Ms . Beeners stated that , basically , it was estimated • that there could be an additional 15 , 000 to 20 , 000 square feet , maintaining the same 10 % lot coverage within the area , and thus providing for some time in the future when there might be that Planning Board - 23 - April 5 , 1988 • doubling of what the existing population is . Ms . Beeners felt that the entire area proposed should be zoned commercial . Ms . Beeners noted that she felt sensitive to what is being discussed , and stated , but if the Kyongs are willing to have a smaller area rezoned to business it would be fine . William Lesser commented that he understood , from what Ms . Beeners noted , that the Planning Board is being asked to support the idea of a neighborhood shopping center , but that the idea of a neighborhood shopping center in the future could become substantially larger . Ms . Beeners noted , in the long range there may be an increase from the 800 units that are currently in that market area , and wondered if some advance planning should be provided for some expansion that could keep up with that , and also noted that it would alleviate pressure for any other rezonings within that area . Ms . Beeners remarked that if the full 15 . 86 acres were not rezoned during that period of time there might be other uses that that land would be put to , and it would be impossible to add to that zone . Chairman May noted that the Board concurred to leave the strip of land in with the commercial zoning . There appearing to be no further questions or comments , Chairman May asked if anyone were prepared to offer a motion . MOTION by Mr . Montgomery May , seconded by Mr . James Baker . WHEREAS : 1 . This action is the Consideration of a Recommendation to the Town Board with respect to the proposed rezoning of a 15 . 86 - acre portion of Town of Ithaca Tax Parcel No . 6 - 24 - 4 - 14 . 2 , located at 1290 Trumansburg Road , 48 . 86 acres total , from Residence District R - 15 to Business District " B " , for the proposed development of a neighborhood commercial service center , and further , with respect to the proposed rezoning of a 12 - acre portion of said Tax Parcel from Residence District R- 15 to Multiple Residence District . 2 . This is a Type I action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency for environmental review . The Tompkins County Planning Department , Tompkins County Health Department , New York State Department of Transportation , and Southern Cayuga Lake Intermunicipal Water Commission are potentially involved agencies which have been informed of this action . 3 . The Planning Board , at Public Hearing on March 15 , 1988 , and April 5 , 1988 , has reviewed the general site plan , Long Environmental Assessment Form , and other submissions for the proposal . 4 . The Town Planner has recommended that a negative determination of • environmental significance be made for the proposed rezoning , subject to certain mitigating measures included in the proposal . Planning Board - 24 - April 5 , 1988 THEREFORE , IT IS RESOLVED : 1 . That the Planning Board recommend and hereby does recommend to the Town Board that a negative determination of environmental significance be made for the proposed development . 2 . That the Planning Board recommend and hereby does recommend approval of the general site plan as presented , having found that • . a . there is a need for the proposed use in the proposed location ; be the existing and probable future character of the neighborhood in which the use is to be located will not be adversely affected ; ce the proposed change is in accordance with a comprehensive plan of development of the Town . 3 . That the Planning Board recommend and hereby does recommend that the Town Board establish the rezoning as proposed , subject to the following conditions and requirements for final site plan approval . a . Acceptance of the proposed roads , public utilities , public open space by the Town Board . b . Acceptance of the relocation of access to the Trumansburg Road Water Tank site by the Town Board and the Tompkins Community Hospital . c . At such time as there might be application for development of later phases in the Business " B " and Multiple Residence Districts , or for development of the remaining Residence District R - 15 lands of the subject parcel , the developer may be required to contribute to the capital cost of water storage or other improvements that might be necessary to support such development . d . At such time as long - range impacts to traffic circulation are identified and attributable to the proposed development , or in the event that a relocated Route 96 is not constructed by New York State , the Town of Ithaca may require the developer to contribute to the cost of any roads that might be required to improve circulation between. the Town and the City of Ithaca . e . Provision of public transportation , if available , to the proposed Business and Multiple Residence developments . • There being no further discussion , the Chair called for a vote . Planning Board - 25 - April 5 , 1988 • Aye - May , Baker , Grigorov , Langhans , Kenerson , Miller . Nay - Klein , Lesser , The MOTION was declared to be carried . Chairman May declared the matter of Consideration of a Recommendation to the Town Board with respect to the proposed Kyong Rezonings duly closed at 10 : 15 p . m . PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR PHASE II of the " DEER RUN " CLUSTERED SUBDIVISION , SAID PHASE II PROPOSED TO INCLUDE 51 DWELLING UNITS IN 13 CLUSTERS , LOCATED BACKLOT OF THE INTERSECTION OF TROY AND EAST KING ROADS , TOWN OF ITHACA TAX PARCEL N0 . 6 - 44 - 1 - 4 . 32 , RESIDENCE DISTRICT R - 15 , AND FURTHER , CONSIDERATION OF A REQUEST FOR WAIVER OF SECTION 321r PARAGRAPH 61r OF THE TOWN OF ITHACA SUBDIVISION REGULATIONS , TO PERMIT A MAXIMUM HEIGHT OF 34 FEET ON CERTAIN BUILDINGS PROPOSED FOR SAID PHASE II . EDWIN A . HALLBERG , DEVELOPER . Chairman May declared the Public Hearing in the above - noted matter duly opened at 10 : 16 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Hallberg addressed the Board and gave a brief overview of the project . Mr . Hallberg stated that , per Town Planner Susan Beeners ' request , there is an easement that runs down to the land that was • donated to the Town as a park site , adding that Ms . Beeners questioned the topography of the land , so the easement was re •- routed to make it easier to walk down . At this time , Mr . Hallberg stated that he was requesting a waiver of the height regulation , adding that the downhill units need a waiver for the 34 feet , and commenting that the uphill units need a waiver for 32 feet . Mr . Hallberg stated that the only units in question , as to height , were the middle units in the buildings , as the end units are all at 20 - 22 feet . Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Slade Kennedy of 227 East King Road spoke from the floor and stated that he believed each of the lots on East King Road has 100 feet of road frontage , with Mr . Hallberg answering , yes . Mr . Kennedy questioned the new road width as being 100 feet wide . Mr . Hallberg stated that the road itself is actually 60 feet wide , and noted that the entire 100 feet would be dedicated to the Town . Chairman May noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairman May closed the Public Hearing at 10 : 20 p . m . and brought the matter back to the Board for discussion . • Chairman May wondered if the ground slope in Phase 11 was running about the same as it was in the upper part of Stage 1A . Mr . Hallberg Planning Board - 26 - April 5 , 1988 • responded that it was about 70 . Indicating on map , Mr . Hallberg pointed out that " this " line is where the heavier foliage is , adding that beyond that line the project cannot be seen from down " here " . Mr . Lesser stated that as he viewed the plans it appeared that there were three additional clusters remaining in Phase III , and wondered if the rest would be single family . Mr . Hallberg responded that townhouses have been approved in Phases III , IV and V , adding that he had discussed the possibility , today , with Town Planner Susan Beeners , of turning the townhouses into single family homes . Mr . Lesser wondered if Mr . Hallberg was anticipating a request for waiver of height restriction for structures 28 , 29 , and 36 . Mr . Hallberg , [ indicating on map ] stated that " this " particular site is very steep , " this " site is probably going to require 34 feet . At this time , Mr . Lesser stated that the October 6 , 1987 discussion with Mr . Hallberg indicated that three - quarters of the buildings would be over the 30 - foot limit because of the grade . Mr . Lesser commented that , in his opinion , that number appeared to be closer to 100 % . Mr . Hallberg , in response to Mr . Lesser ' s comment , stated that that was one of the reasons for considering changing to bring it back within , adding , when it was taken back to Peter Novelli , the project ' s engineer , the basis was that that was a best guess , on the spot , at the moment , and that it would require further study that was acceptable to the Town , commenting that anything requiring a driveway in excess of 7 % would be under consideration . Mr . Lesser • wondered where the 34 feet that is being requested , was measured from . Mr . Hallberg answered that that was from actual base to the top . Mr . Klein wondered what the proposed road grade was , through the next developments . Mr . Peter Novelli answered that the maximum grade is approximately 8 % for Phase II , which is a very short segment near the intersection of Saranac Way and Whitetail Drive . Mr . Klein noted that , under the original approval , there were some single - family lots , with Mr . Hallberg responding , yes , they were [ pointing to map ] " here " , and noting that the average square footage of each lot was around 25 , 000 square feet . Mr . Hallberg stated that it would be in the covenants and restrictions that in front of each townhouse the homeowner provide a lamppost . Ms . Beeners wondered about the drainage . Mr . Novelli responded that the retention pond is part of IA , and is proposed to be built this spring . There appearing to be no further discussion , Chairman May asked if anyone were prepared to make a motion . MOTION by Mr . Robert Kenerson , seconded by Mr . Robert Miller : WHEREAS : • 1 . This action is the Consideration of a Request for Waiver of Section 32 , Paragraph 6 , of the Town of Ithaca Subdivision Regulations , to permit a maximum height of 34 feet on certain Planning Board - 27 - April 5 , 1988 buildings proposed for Phase II of the " Deer Run " Clustered Subdivision . 2 . This is being reviewed as a Type I action , for which the Planning Board has been legislatively designated to act as Lead Agency for environmental review . 3 . The Town Planner has recommended a negative determination of environmental significance for the granting of certain waivers with respect to the proposed heights of buildings in Phase II . THEREFORE , IT IS RESOLVED , That the Planning Board , acting as Lead Agency in the environmental review of this action , make and hereby does make a negative determination of environmental significance for the granting of waivers of the thirty - foot height requirement of Article V , Section 32 , Paragraph 6 , of the Town of Ithaca Subdivision Regulations to permit the following : a . a maximum building height of 34 feet for downhill clusters numbered 10 , 12 , 13 , 14 , 30 , and 31 . be a maximum building height of 32 feet for uphill clusters numbered 9 , 11 , 15 , 33 , and 34 . • c , a maximum building height of 33 feet for uphill clusters numbered 32 and 35 . At this point , Mr . Lesser stated that , since he made it abundantly clear that he was not a strong supporter of such waivers , but he thought in this case Mr . Hallberg had indicated a willingness to change his plans to accommodate the needs of the Board ' s requirements , under those circumstances he would support the adjustment . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Dr . William Lesser , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Final Subdivision Approval for Phase II of the " Deer Run " Clustered Subdivision , 51 dwelling units in 13 clusters , located backlot of the intersection of Troy and East King Roads , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , • and further , Consideration of a Request for Waiver of Section 32 , Paragraph 6 , of the Town of Ithaca Subdivision Regulations , to Planning Board - 28 - April 5 , 1988 • permit a maximum height of 34 feet on certain buildings proposed for said Phase II . 2 . This is a Type I action for which the Planning Board , acting as Lead Agency in environmental review , has made a negative determination of environmental ' significance for the proposed subdivision , subject to certain conditions , on March 17 , 1987 , and for which the Planning Board , on April _`i , 1988 , has made a negative determination of environmental significance for the granting of certain waivers with respect to building height . 3 . The Planning Board , at Public Hearing on April 5 , 1988 , has reviewed the following material : " Deer Run Subdivision - Final Plat for Stage Two " , Hallberg Associates , Developer , dated March 1. 5 , 1988 . " Deer Run Subdivision - Landscaping Plan ( Conceptual ) , dated February 22 , 1988 . Long Environmental Assessment Form , dated March 2 , 1988 . Request for Waiver , from Edwin A . Hallberg , dated March 15 , 1988 . THEREFORE , IT IS RESOLVED : 1 . That the Planning Board grant and hereby does grant Final • Subdivision Approval to Phase II of the " Deer Run " Subdivision , with the following conditions : a . Approval of the final engineering drawings by the Town Engineer . b . Submission of a letter of credit in an amount sufficient to assure the satisfactory completion of site improvements for Phase II , prior to the issuance of any building permits for Phase II , the amount of such letter to be approved by the Town Engineer and the form of the letter to be approved by the Town Attorney . c . Submission of an " as - built " plan showing as - built utilities , drainage structures , and roadways for Phase II and earlier phases prior to the final approval of future project phases . d . Acceptance of the deed to the park site by the Town Board , and execution of the " 10 - foot easement for path to recreation area " , and suitable improvement , by the developer , of a suitably surfaced path within that easement prior to completion of Phase II , or the posting of a letter of credit , as above , sufficient to accomplish such improvement , to secure such completion . • 2 . That the Planning Board accept and hereby does accept the recommendation of the Town Planner that an additional trail easement may be required backlot of Phases III and IV from the Planning Board - 29 - April 5 , 1988 boundary of the ButterField project to Whitetail Drive , and will consider the requirement of such a trail as part of any final subdivision consideration for future project phases . 3 . That , with respect to the request for waiver to permit a maximum building height of 34 feet on certain buildings , the Planning Board .find and hereby does find the following ;; a . That the strict application of the thirty - foot maximum height requirement of Article V , Section 32 , Paragraph 6 , of the Town of Ithaca Subdivision Regulations would cause practical difficulties in the development of the housing in Phase II . b . That the Planning Board has determined that neither a significant alteration of the purpose of subdivision control nor of the policy enunciated or implied by the Town Board in adopting the Subdivision Regulations pertaining to clustered development would be made in the granting of certain waivers as described hereinafter in this Resolution . 4 . That the Planning Board grant and hereby does grant waivers of the thirty - foot height requirement of Article V , Section 32 , Paragraph 6 , of the Town of Ithaca Subdivision Regulations to permit the following : • a . a maximum building height of 34 feet for downhill clusters numbered 10 , 12 , 13 , 14 , 30 , and 31 . be a maximum building height of 32 feet for uphill clusters numbered 9 , 11 , 15 , 33 , and 34 , ce a maximum building height of 33 feet for uphill clusters numbered 32 and 35 . d . For this purpose , " height " is measured from the lowest point at exterior grade to the highest point of the roof . 5 . That the Planning Board further require and hereby does further require that no building in any subsequent phases of the " Deer Run " Clustered Subdivision exceed 30 feet on the uphill side , and further , that all buildings in subsequent future phases shall conform to the requirements of the Subdivision Regulations with respect to height . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Langhans , Klein , Kenerson , Lessek , Miller . Nay - None . The MOTION was declared to be carried unanimously . • Chairman May declared the matter of the Consideration of Final Subdivision Approval for Phase II of the " Deer Run " Clustered Planning Board - 30 - April 5 , 1988 Subdivision , and Consideration of a request for Waiver to permit a maximum height of 34 feet on certain buildings in Phase II duly closed at 10 : 51 p . m . PUBLIC HEARING : CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF A 30 ± ACRE PARCEL FROM TOWN OF ITHACA TAX PARCEL NO . 6 - 51 - 1 - 3 , 101 . 05 ACRES TOTAL , LOCATED AT 611 CODDINGTON ROAD , NEAR TROY ROAD , RESIDENCE DISTRICT R - 30 , RUTH E . JOHNSON , OWNER ; PETER GRIGOROV , APPLICANT . At this point , Board Member Carolyn Grigorov removed herself from her seat at the Board table during the entire discussion on the proposed subdivision . Chairman May declared the Public Hearing in the above - noted matter duly opened at 10 : 54 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Grigorov approached the Board and stated that the 30 ± acres should be corrected to read 21 ± acres . Mr . Grigorov offered that he and his wife are purchasing his grandmother ' s house , and the 20 ± acres surrounding the house . Chairman May noted that this was an in - family subdivision . iMs . Beeners , Town Planner , wondered if there were any immediate plans for any type of development , or any increase in occupancy , with Mr . Grigorov , responding , no . Chairman May noted that this was a Public Hearing and asked if anyone present wished to speak to this issue . Phiroze Mehta of 102 Troy Road spoke from the floor and stated that he was very confused , as to what is being considered . Chairman May responded that this matter was a subdivision of the land . Mr . Mehta wondered about an increase in taxes when one subdivides . Attorney Barney answered that , yes , it usually does increase . Mr . Mehta wondered why one would want to increase one ' s taxes by • subdividing land , without having any intention of doing anything with it . Chairman May commented that there would be one 21 - acre lot and one 80 - acre lot . Chairman May stated that all subdivisions of land within the Town of Ithaca come before the Planning Board . There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public Hearing at 10 : 55 p . m . and brought the matter back to the Board for discussion . There appearing to be no further discussion or comments from the Board , Chairman May asked if anyone were prepared to offer a motion . . MOTION by Mr . Robert Kenerson , seconded by Mr . David Klein : WHEREAS : Planning Board - 31 - April 5 , 1988 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 51 - 1 - 3 , 101 . 05 acres total , located at 611 Coddington Road , into two parcels of 80 ± and 21 ± acres each . 2 . This is an Unlisted action for which the Planning Board has been legislatively determined to act as Lead Agency for environmental review . 3 . The Town Planner has recommended a negative determination of environmental significance for this action . THEREFORE , IT IS RESOLVED : That the Town of Ithaca 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 , Baker , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None . [ No Vote - Grigorov . ] The MOTION was declared to be carried unanimously . • MOTION by Mrs . Virginia Langhans , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 51 - 1 - 3 , 101 . 05 acres total , located at 611 Coddington Road , into two parcels of 80 ± and 21 ± acres each . 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 Public Hearing on April 5 , 1988 , has reviewed a sketch plat for the proposed subdivision . 3 . The Town Planner has recommended that , because of the nature of the proposed two - parcel subdivision , certain requirements with respect to plat format at this time be waived , and that the subdivision be approved subject to the submission of a final plat prepared by a licensed surveyor for approval by the Town Engineer . THEREFORE , IT IS RESOLVED : • 1 . That the Town of Ithaca Planning Board waive and hereby does waive certain requirements for Preliminary and Final Subdivision Approval , having determined from the materials presented that Planning Board - 32 - April 5 , 1988 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 Town of Ithaca Planning Board grant and hereby does grant Preliminary and Final Subdivision Approval to the subdivision as herein proposed , with the following condition : 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 . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Langhans , Klein , Kenerson , Lesser , Miller . Nay - None , [ No Vote - Grigorov . ] The MOTION was declared to be carried unanimously . At this time , Chairman May indicated that a memo should be sent to the Town Board that Board Member Carolyn Grigorov did not participate in this matter . Chairman May declared the matter of the Consideration of Subdivision Approval for the proposed subdivision of a 30 ± acre parcel • duly closed at 11 : 00 p . m . APPROVAL OF MINUTES - JANUARY 19 , 1988 MOTION by Mr . Robert Ken erson , seconded by Dr . William Lesser : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of January 19 , 1988 , be and hereby are approved with the following correction : 1 . That , the second paragraph on Page 10 be deleted and replaced by the following paragraphs : " Attorney Barney , in response to the concern about students , noted that this was an R - 15 zone and , technically , there could be a two - family house on each of the lots . The Zoning Ordinance , as it is presently written , states that a family is defined as a traditional blood related group and that there may be up to three unrelated persons residing in an entire building . Attorney Barney offered that , if there were two - family houses here , there conceivably could be three unrelated persons residing there , or , a conventional family in one unit , two unrelated persons in the other unit , or two conventional families and each of them could have one more unrelated person in each unit . Attorney Barney added that that is what the Zoning Ordinance provides at the • present time . Attorney Barney noted that the structure could not be used for three students on one side and three students on the other side . Attorney Barney also mentioned that there has been Planning Board - 33 - April 5 , 1988 some litigation , and there are some questions as to whether a Zoning Ordinance can define a family as related by blood or not , commenting that the Town of Ithaca is taking the position that the Zoning Ordinance is valid . Attorney Barney stated that there is no requirement for owner - occupancy , but , under Town of Ithaca zoning , a developer can only rent to a conventional family and up to two unrelated persons in the other unit , or to a total of three unrelated persons in the entire building . Attorney Barney noted that if a developer ignores the above , the penalties are usually an injunction proceeding brought by the Town of Ithaca to restrain it , followed by contempt proceedings if the judge decides that the Zoning Ordinance has been properly enforced . Attorney Barney also noted that there are criminal penalties for violating the Zoning Ordinance , which range from $ 750 . 00 for the first violation up to $ 1 , 500 . 00 for the 3rd or 4th violation , and a potential incarceration for 15 days , ranging up to 45 days , and each week of continued violation constitutes a _ separate violation . Mr . Iacovelli volunteered that he , and his Attorney , Edward ' Mazza , indeed , understood what those requirements were , and that he had every intention of abiding by them . " There being no further discussion , the Chair called for a vote . • Aye - May , Baker , Grigorov , Langhans , Miller , Kenerson , Klein , Lesser . Nay - None . The MOTION was declared to be carried unanimously . DISCUSSION Chaiman May stated that he thought that everyone on the Board understood there were two problems in Phase I and II of Eastwood Commons . Chairman May noted that one problem was the requirement of a bike path , adding that Mr . Schickel put in a bike path through the driveway of Building # 19 , commenting , this was in violation of the Homeowners ' agreement . Chairman May stated that , unfortunately , the issue that concerns him the most , at the moment , was the fact that Mr . Comstock of Building # 19 informed Mr . Schickel of the violation , and asked him to wait while he called his attorney , but Mr . Schickel proceeded to go ahead with the bike path . Secondly , Chairman May commented on the access to the Orcutt property through the site of Building # 20 , noting that , from the old Enos Pyle tract there was a right - of -way shown to the Orcutt property . Chairman May stated that Minnie Orcutt was there when Mr . Schickel was building the access to Building # 20 , and she had asked him not to proceed any further until she had an opportunity to find out more about the issue , but Mr . Schickel proceeded anyway . • Chairman May commented that , in his opinion , Mr . Schickel ignored the requests of Mr . Comstock and Mrs . Orcutt . Chairman May noted that Planning Board - 34 - April 5 , 1988 what concerned him was that Mr . Schickel totally walked away from the issue by saying , now it is the Homeowners ' Association responsibility . Susan Beeners , Town Planner , stated that Mr . Schickel said he had received the sign -offs from the Engineering and Planning Departments regarding the path , without the Engineering and Planning Departments realizing that he had no legal right to put the path there . Chairman May stated that , at this point , his suggestion was that the Planning Board not grant any further building permits for Phase III until such time as Mr . Schickel figures out how to resolve the matter of the pathway . Attorney Barney stated that the original resolution was adopted in 1981 , with the original Phase I , commenting that that resolution noted that Mr . Schickel would provide a bike path to Woodcrest Road , Continuing , Attorney Barney stated that in 1987 , the Planning Board , with the implicit advice of all the staff members , including the Town Atorney , changed that to read that Mr . Schickel would provide a bike path from his road to the Town ' s existing Maple Avenue bike path , adding , at the time that was done there was no place that Mr . Schickel could put that bikeway , because he had already sold Lot # 19 and Lot # 20 in 1981 . Attorney Barney stated that a resolution was adopted stating that Mr . Schickel would provide a bike path , and in fact , he has done it . Attorney Barney commented that , as it happened , Mr . Schickel did it over property that he had no legal right , probably , to do it , but one could argue that the Residents ' Association , in taking title to this land , took title , subject to all the requirements that were imposed by the Planning Board in conjunction with approval of the whole subdivision , and indeed , one of the requirements was that the bike path would be placed to Woodcrest Road . Attorney Barney stated that the wrinkle that is a little bit of a problem is that when the Residents ' Association took title which talked about going to Woodcrest Road , adding that , actually , when the bike path was laid out in accordance with the resolution of the Planning Board it was laid out over a different location . Attorney Barney stated that he did not like what Mr . Schickel did , and the way it was done , but , technically , he has complied with the resolution . Attorney Barney remarked that he had not researched the Orcutt access . Attorney Barney stated that the matter is not within Mr . Schickel ' s power to resolve , but resides with the Residents ' Association , and the Orcutts , to come to some sort of an agreement . Attorney Barney noted that the Planning Board can compel Mr . Schickel , as a condition to future approvals , to put the bike path in across land that he does own , which runs south . Chairman May responded that the Board disagrees a little bit , from the standpoint that there still has to be an access provided for the Orcutt property . Attorney Barney stated that . he did not think the Planning Board has the power to withhold building permits , noting , the Planning Board • has the power to withhold approval of subdivision plans and proposed subdivisions . Attorney Barney noted that the only person that would have power to withhold building permits would be the Zoning Planning Board - 35 - April 5 , 1988 Enforcement Officer , if he felt , based upon what the conditions were , and what conditions were imposed , that conditions were not met . David Klein noted that Mrs . Orcutt had stated that she would allow the path on her land if she had access through the driveway . At this time , Attorney Barney stated that he would look at the Orcutt situation and communicate with Andrew Frost , BI / ZEO . Susan Beeners , Town Planner , stated that the Iacovelli matter is scheduled to go before the Zoning Board of Appeals on April 13 , 1988 . Ms . Beeners said that the Town Board is required , as stated in the Subdivision Regulations , to approve road locations prior to Preliminary Subdivision Approval , whereas it was done at the Planning Board , prior to any Final Subdivision Approval , Ms . Beeners stated that there is still an uncomfortable feeling about the actual location of the road , and the whole circumstances of the project . Ms . Beeners noted that -the Site Plan Subdivision Plat may be referred back to the Planning Board before the Town Board made too much of a real decision on it , or before the ZBA would look at it . Ms . Beeners reported that the Eastern Artifical Insemination Co - Op wants to move its bulls from Judd Falls Road to Sheffield and Hayts Road , Ms . Beeners stated that this is regarded as a permitted Agricultural Use , adding , there would be about 40 stalls involved . • ADJOURNMENT Upon Motion , Chairman May declared the April 5 , 1988 , meeting of the Town of Ithaca Planning Board duly adjourned at 11 : 35 p . m . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . • PETITION TO THE PLANNING BOARD, p TOWN OF ITHACA We the undersigned area residents are opposed to the proposed rezoning of a 15 , 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B" , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R 15 to multiple residence ( to accomodate 60 apartment units ) . We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood. We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized . 0210 ��4C f, 34 s� S �' s 71 � ovA I%kL 10F 20 13 ;13 ; 144 16 . I EXHIBIT 1 y PETITION TO THE PLANNING 8 ® ARD , 107AL c TGWN 6F ITHACA we the undersigneia ;area residents are opposed to the proposed ri:jLoning of a 15 86 acre parcel of land immediately opposite the hospital entrance on Rte . w4 from R l5 to e)usmess District " B " for the development of a ; hopping mal ) we also co[.pos; e the proposed rezoning of 1L acres on the :, arfle s1tt Ir i` (il t< j to nili � tlrile re =, ldenCe ( tp riCC ;jr (Ive F; i apartment units ) . we ).relieve that opening up west Hill to commercial ilevrlc; priierit. would de5D t . the resider� tlal and medir ;al character of the nrligrlborrlood We also strongly urge that no zoning changes =; Would he made In this :area until the Rte 96 / octopus pi ,:In is, final izrad . will NAME — ADDRESS R – — lS0, ep3, ( cr CQ Gt�o 3 . i COAL61 326 forAMR- o OF 7 , fee - I C gwIlea 624' 2L, Ara_ A2L11 1ONYM M,AA I will 1 2 I 13 . 14. EXHIBIT 1 PETITION TO THE PLANNING BOARD , TOWN OF ITHACA • we the under' slgned ;area residents are i:; pposed to the proposes rezonirig Of a 15 . 86 acre parcel of land ) rnrr) ediately opposite the hospital entrance on Rte . 9 ( tPJ froom R15 to Busbies ; Dl : trlct " B 4t , for the d e v eliiprner) t shopping mall We also oppose trip proposed reZe ninq of 12 acres on tr, e Sarrle Site frorn Rl. > to multlplp reciderict i" o ar. r , rrioriate C, (.1 , ,_) rt. rrirnt units ). We believe treat or; enin (. ;_; r) w reD Hill to corrtrnercial oe ��� � icJrJrrierit would de .-Dtris) y tr) e reS:Jderu and meijii, al Cr) ara (_ ter Of the neit-_jrit.-porr, 00d We also Arongl �d urge triat rto z �) nir) g rhangF �; hn ;.ilii h; e rOadF? 1n tr) 1 '_ ;ire., until the Rt ? . w) / octopu ; l ;) ri is ffinal ized NAME ADDRESS J2nen 122a /L 43 On ZZ 4. l AA L/%. r r� . C:2 9� l 6 /317 l ": jjgAaffia 10 . li .r 12 1 Aj, 0 14 . I EXHIBIT 1 PETITION TO THE PLANNING BOARD, TOWN OF ITHACA We tree undersigned area reidents are opposed to the proposed rezoning of a 15 86 acre parcel of land immediately opposite the hospital entrance on Rte . 'a6N from R l to Busme s Uistrirt " ° " for t ; �� development of a snopping mall We also oppose trip proposed rezoning of 12 acres on the _- arose sl t e f ri'. rn R l to rriui i i ( ile residence (. i. o ace ; rnc� daie F� 0 ap ie t rnent units ) . We Celieve that opening up West Hill to commercial develcI.-Mient wpu ) d riestrc,y the residerti .a1 and medical character of the nr' vjrlt; Qrr, u ,ad We also strongly urge ir� at no Zoning changes , riould be rnade in this area until the Rte ') 6 / iextopuls flan is finalized . NAME ADDRESS ad 6 (e, c 'a . Z &ox XL I ' ll IeA - !¢L° !� 5, Pat�CA ? . C�- Nt:) ro ams < < ► ' 1 C9 " � / DW p A60 .� ell .� � or • 14. ' 2, •, EXHIBIT 1 I V 1 1 11. 1 Lmr"l1 41111 YV N `JriI \ v . TOWN OF ITHACA • We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R 15 to Business District " B" , for the development of a shopping mall , We also oppose the proposed rezoning of 12 acres on the same site from R15 to P, 30 ( multiple residence , to accomodate 60 apartment units ) , We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized , NAME ADDRESS �W' 4 or Q4L.o,o,,, ; I K� i � G � 4. � . 'i�"-"000000- az: � a r 8. c ,�� ( y 5 57) "e�v I � l 2. o. 1tAf A i r , 13 to t i 14. 10A D /M E _ ojK (0Cgl O� 0000 • Z 7 , Eoollo XHIBIT_ 1 1 — . . . , r.. . . . ... .. .... .. .._ T __ „ Y& SD � 7 I I i rUN I U I rpt NLANNIIvu DUAKUO TOWN OF ITHACA • We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte , 96N from R15 to Business District " B " , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R15 to R30 ( multiple residence , to accomodate 60 apartment units ). We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area, until the Rte. 96 / octopus plan is finalized . NAME ADDRESS 2 . iQal 3 Pe4.e-,� al, 0 �say4 Tw, a. 6 1444 ljflon4 I - a a (' w, 81 01, JP air ✓ 13 , rd Ile LAA • 1 t (� U- EXHIBIT ! r 11 iVIV I V I I IL r' LP% 141411 %4Q W) d ^ ML) TOWN OF I THACA We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R 15 to Business District " B" , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R 15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized. NAME ADDRESS y, � . Yom. 3 / � /x 6' 7 !41 y � � rF ��� A/ A2 /M 3 0 ngK�Cj L ^ 6 . /1A VaLA k 0 g � 1 b ( 3 WAy Rd #8/24 J 1 � let) dVIA 9wd7/" . ' 154 ZA4&0;7 16 , EXHIBIT 1 y;r( `t�`�`•1 � � � , � ! , ,1 fad r L i i I ivir i i i iL r Lt11r1rifr �/ u � rsr� u , �. TOWN OF ITHACA We the undersigned area residents are opposed to the proposed rezoning of • a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B " , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R 15 to R30 ( multiple residence , to accomodate 60 apartment units ). We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood, We also strongly urge that no zoning changes should be made in this area until the Rte. 96 / octopus plan is finalized . NAME ADDR SS 1 . 1 144 S v M 2 , 0 f'✓ / a CA _ - � . 0 4,"�AA Sa 66v A-, t� o S , PQ44 V0 � v1 4. l� 6 8 . 'eZ 9. /� _ �- . _� Mor 10. �� x&IV-"4j r c 4C -1-1 . VAe30 19 . •�.� 1 -- ?0 . 3&4• G Xa 9 - _L��ltara , Al r /Am 14, mA4 1 � Sty 1 t o lQcj n c rf EXHIBIT 1 Pvo _ f � '&49 " i L i a i i Vi i i V i i iL r LP'► 1111111V VVMr\ 0 , t t �^ i TOWN OF ITHACA . We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B " , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the ,same site from R 15 to R30 ( multiple residence , to accomodate 60 apartment units ). We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood , We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized. NAME ADDRESS Cu' 1, 1 4. 107 S 61 8. bJJA401 aci t4A1 oe l 14 Ale. lc-4%w v5a. v' n xxx a i � 7� w 16 . E 2 # — �fj � 04: w4jj EXHIBIT 1 rL I i 1 IUIN i U i MC WLHi41)404Q L) ) ,OES LJ TOWN OF ITHACA We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R 15 to Business District " B " , for the development of a shopping mall , We also oppose the proposed rezoning of 12 acres on the same site from R 15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West Hill to commercial development wouid destroy the residential and . medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized . NAME ADDRESS 3t. '7 r� ►ransh V\rT / f w ��l a ca 2AL�'Vt ibJQ4A � 1 4 'A L4 10 0 NY l � Y ,I Ogg 7 , wzelV0A Vj �. 6A4 8 .qn It "0 10 . J t � t �/ A , � 14 ('2 vv a c- e-L c� T 1.6�. CM40- (v R �- EXHIBIT C> . r L I I I AVIV i V 1 FIL" 1 i . r11VIVIIYV UVt� t`iU , TOWN OF ITHACA • We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B" , for the development of a shopping mall , We also oppose the proposed rezoning of 12 acres on the same site from R15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West Hili to commercial development would destroy the residential -and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte. 96 / octopus plan is finalized. NAME c P A? s� o� l� c 6 L 4' 119 d A /< we o�,5 L�l'� �-/064 of 8 . atZ�o } 9. CLC, . " 1 1 C-Aw S I 2 1 14. X Y1 ID8s /r�V6�V Let 1 C51 Ce EXHIBIT 1 r I I VIv I V f FIL rL ?N lYIVIIVV OVf1ML) i TOWN OF ITHACA We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B " , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized . QF-1% S S Lin i. v 6 . t ► Oa Ks , lWood kn 1 "Lwoo FST l 'log 12 \ ' i M-' I 'mac A I Z7 �a I man ., 1 d L 2 ' 5,Q o4 Ole EXHIBIT 1 i ivir i I rL. nIIIIIIvV r\ LJ TOWN OF ITHACA • We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on . Rte . 96N from R15 to Business District " B " , for the development of a shopping mall . Vie also oppose the proposed rezoning of 12 acres on the same site from R15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood , We also strongly urge that no zoning changes should be made in this area until the Rte. 96 / octopus plan is finalized . NAME ADDRESS • �- to 1 /Pj�(11 i • 6 . A9 41 8 .1 w r 11 . � 12 . 1q � 15 . EXHIBIT 1 Vvr► i \ u TOWN OF ITHACA i F r 1 ' We the undersigned area residents are opposed to the proposed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District " B for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West Hill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes should be made in this area until the Rte . 96 / octopus plan is finalized . - - NAME ADDRESS i Cr 4. � J c►.,v�, c S L i 7 I 8 . 9 I 13 : 14: �. 15 I � 16 . EXHIBIT 1 i i u) I n rLrink ININ114 TOWN OF ITHACA a PL i We the undersigned area residents are opposed to the propOsed rezoning of a 15 . 86 acre parcel of land immediately opposite the hospital entrance on Rte . 96N from R15 to Business District _ Q " , for the development of a shopping mall . We also oppose the proposed rezoning of 12 acres on the same site from R15 to R30 ( multiple residence , to accomodate 60 apartment units ) . We believe that opening up West dill to commercial development would destroy the residential and medical character of the neighborhood . We also strongly urge that no zoning changes. should be made in this area until the Rte . 96 / octopus plan is fin � lized . NAME ADDRESS _ x &000441tadr 150e 0/0 �j = a , � P-3/1 ) 8 . 9. � TO 1 I-io 1 ' 4 LF W , j Aki Lit- t , ' }La. 12 AP,_ 2 . LlA" dL P _ 16 . D EXHIBIT 1 / t • PETITION We , the undersigned , being either residents of or employees on West Hill in the Town of Ithaca , welcome the retail and housing development proposed by Mrs . Kyong on Trumansburg Road opposite the hospital . Name Address 9V T-fPt%mc 0(0 i ba,1% a-/ 1LAO / oI 1 - bur k�,1. t3 9 j :3/3I�88 .313 311- 8� yie7zlz; / 30 / ric(ina000 u1y mol /a go � :414� Ised Sot JA i s. y /8g. r � . S/a,a ,ah " ; . %30 % . rr bI " - 1e czea., n . . X-1 I IIi • 1 . EXHIBIT 2 ^'1w 7}�.'^rCt ;RIV ,l r�l:y � rJ . Ir '4�t\' 1Nt�yy� >�i nrT � A ''L`x� , lYt.rr f }yr . It � Z Y..tt � i '.•�i a x 1 ':: l+�i . t'J j r f �Ilt asvi 'L �, :Z . � µi ,ti ., t�l , 11, . :v r i da�arj` r ..\.. � a . . . .. .5 �'� .. .. . ',�;1 S�" ..o f. � ,.•4' r �,` 4 / . _ .. 4tn ` . -.,1 ? . v .. .. . .. , . • PETITION We , the undersigned , being either residents of or employees on West Hill in the Town of Ithaca , welcome the retail and housing development proposed by Mrs . Kyong on Trumansburg Road opposite the hospital . Name Address IM Al 3i 00 a40000 311z" xer :7 4e 1 4-4- la-0e ( t 3� 31 � � � j��•n � � 020 l Da4-eS 2a^ .• _ - .. • lax • i • EXHIBIT 2 . 1 ! . '..i. tiI+...7- ' — . � c, ru ,1- � _'r ` . jsJ '.'. vT i— ) t-.. x r —'�-I•. t q�- . r q :"1' v '1 U^ Y .•v^IT^' . - . . . . . a • PETITION We , the undersigned , being either residents of or employees on West Hill in the Town of Ithaca , welcome the retail and housing development proposed by Mrs . Kyong on Trumansburg Road opposite the hospital . Name Address 01 Ilk A-ist Jc��4a � mac// Y �ms, r) zc � U • EXHIBIT 2 - r a • PETITION We , the undersigned , being either residents of or employees on West Hill in the Town of Ithaca , welcome the retail and housing development proposed by Mrs . Kyong on Trumansburg Road opposite the hospital . Name Address G� C • t • EXHIBIT 2 r • KYONG TRAFFIC ANALYSIS KYOTRAF6 . MPW AP ril 5 1988 PROPOSED DEVELOPMENT ( DEALS WITH 12 & 15 ACRE PARCELS ONLY ) COMBINED RESIDENTIAL & COMMERCIAL TIME RESIDENTIAL CARS / HR BUSINESS EXISTING ZONING PROPOSED ZONING OF DAY CARS CARS / HR CARS / HR CARS / HR CARS / HR EXISTING PROPOSED PER HOUR AT AT AT AT ZONING ZONING AT GATE GATE BRIDGE GATE BRIDGE 500 10 10 0 10 10 10 9 600 36 34 1 37 35 35 33 700 90 16 30 120 95 46 24 800 90 25 45 135 99 70 37 900 80 30 60 140 94 90 47 1000 40 30 60 100 56 90 47 1100 50 30 65 115 67 95 48 1200 60 30 100 160 87 130 59 1300 80 34 80 160 100 114 56 1400 85 38 85 170 106 123 62 1500 90 42 95 185 114 137 68 1600 109 45 100 209 134 145 73 1700 90 42 114 204 120 156 74 1800 70 36 100 170 97 136 64 1900 50 30 95 145 76 125 57 2000 30 14 70 100 50 84 34 2100 20 19 30 50 28 49 27 2200 10 10 10 20 13 20 12 DAILY TOTALS . ARCH ' S 1090 514 1140 2230 3032 2485 830 APA ' S * 1095 1040 212 1307 1104 1252 472 COLUMN : A B C D E F G ASSUMPTIONS : 1 . Single family dwellings have 1 . 8 cars per unit , multi family has 1 . 6 cars per unit . 2 . Seventy percent of development ' s commercial traffic does not cross the Inlet bridge . Shoppers are from West Hill . 3 . Ninty - five percent of development ' s residential traffic crosses the Inlet bridge . 4 . One hundred ninty cars leave the development between 5 : 00 and 9 : 00 AM on weekdays . 5 . APA assumes 8 . 05 trip / dwelling unit / day , architect and county planning use 7 . 5 . 6 . The following formulas are used above : 0j COLUMN A . from tables . COLUMN B , from tables . COLUMN C , from tables . COLUMN D , col A + col C EXHIBIT 3 COLUMN E . 95col A + . 30col C COLUMN F , col B + col C . COLUMN G , . 95col B + . 30col C . * Data from . Performance Zoning by Lane Kendig , published by American Planning Association • EXHIBIT 3