Loading...
HomeMy WebLinkAboutPB Minutes 1989-02-07 f FILED TOWN OF ITHACA �� Date TOWN OF ITHACA PLANNING BOARD Clerk._. FEBRUARY 7 , 1989 The Town of Ithaca Planning Board met in regular session on Tuesday , February 7 , 1989 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairman Montgomery May , James Baker , Robert Kenerson , William Lesser , Carolyn Grigorov , John C . Barney ( Town Attorney ) , Erik Whitney ( Assistant Town Engineer ) , Susan Beeners ( Town Planner ) , George Frantz ( Assistant Town Planner ) . ALSO PRESENT : Georg F . Gerstenfeld ( WVB R NEWS ) , David Herrick , George C . Schlecht , Michael Welch , Francis Paolangeli , Jim Ainslie , S . Ainslie , Fred Schramm , Douglas Pokorney , Gene Ball , John Tilitz , Peter Trowbridge , Scott Lucas , G . J . Vignaux , Celia Bowers , A . M . Chambliss , Lenny & Phyllis S . Joyce , Jack Ryan , Bob Shaw ; Lee Schafrik , Joseph Fitzgerald , 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 January 30 , 1989 , and February 2 , 1989 , 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 , upon the Clerk of the Town of Ithaca , upon both the Clerk and the Acting Building Commissioner of the City of Ithaca , upon the Tompkins County Commissioner of Planning , and upon the applicants , and / or agents , as appropriate , on January 31 , 1989 . 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 January 1989 Report of Building / Zoning Activities , PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF A 15 , 714 SQ . FT . LOT FROM TOWN OF ITHACA TAX PARCEL NO . 6 - 58 - 1 - 8 , LOCATED AT 1345 SLATERVILLE ROAD AND CONTAINING AN EXISTING DWELLING , AND FURTHER , CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED CLUSTERED SUBDIVISION OF A PORTION OF TOWN OF ITHACA TAX PARCEL NO , 6 - 58 - 1 - 8 AND OF TOWN OF ITHACA TAX PARCELS NO . 6 - 58 - 1 - 7 , - 10 . 2 , AND - 11 INTO SIX � LOTS OF 22 , 013 SQ . FT . TO 87 , 400 SQ . FT . FRANCIS J . PAOLANGELI , OWNER/ APPLICANT . • David Herrick of T . G . Miller Associates , P . C . approached the Board and stated that at the January 3 , 1989 Planning Board meeting he Planning Board - 2 - February 7 , 1989 • had presented , for preliminary review and approval , the subdivision which incorporated quite a few comments that were received on December 61 1988 , Mr . Herrick noted that Preliminary Approval had been granted on January 3 , 1989 , but that the Restrictive Covenants needed additional work . Mr . Herrick remarked that Mr . Paolangeli ' s attorney , Mr . David DuBow , has put together a new set of Restrictive Covenants , along with the Town Attorney , John Barney . Mr . Herrick was advised by Attorney DuBow that the Board should give attention to paragraphs # 1 , # 13 , # 14 , # 15 and # 21 . Mr . Herrick added that those were the areas that were modified considerably . Mr . Herrick stated that it was his opinion that the intent of those revisions was to make the restrictions for duplexes and exterior appearance of buildings more 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 : 40 p . m . and brought the matter back to the Board for discussion . Chairman May wondered if Erik Whitney , Assistant Town Engineer , was satisfied that everything met all the requirements . Mr . Whitney responded that , from an engineering standpoint , everything meets , and in most cases , exceeds the Town requirements . • Susan Beeners , Town Planner , commented on the drainage easement , in that there is a little uncertainty as to what exactly the policy should be on drainage easements . Ms . Beeners said that it probably should go to the Town Board for an approval before any building permits would be issued . Secondly , Ms . Beeners noted that there had been a discussion on what the nature of the compaction was of the fill , and whether or not it would be necessary to put the extra wide footers in , because of the fill that has been placed there . Mr . Paolangeli stated that Lot # 1 is a cut situation from what was originally there , Lot # 6 is existing ground , Lot # 2 has had fill put in it , Lot # 3 is half fill and half existing ground , Lot # 4 is mostly fill , and Lot # 5 to the west has a lot of fill . Mr . Paolangeli said that when all the fill was put in , at all times on board , was an 84 " drum dirt roller , adding , the fill was put in by layers , rolled in 12 " - 18 " layers , plus it was tracked in with an 850 bulldozer , which weighs in the vicinity of 30 tons , plus all the truck traffic was concentrated on where the road was going to be constructed . Mr . Paolangeli stated that the only area that was not compacted was the slope on the back side of Lot # 4 , but that slope will be seeded . Chairman May stated that he was not sure that he understood the concern as far as the drainage easement to the Town . Ms . Beeners responded that her concern was that there are several proposed drainage easements , and noted that she was not sure what the Town policy was on accepting drainage easements . Ms . Beeners stated that the drainage easement did appear on the plat , which was looked at by • the Town Board in their approval of proposed roads and other facilities . Attorney Barney noted that it seemed to him that there should be some sort of an easement that grants to the Town the Planning Board - 3 - February 7 , 1989 a privilege , if necessary , of going in there to maintain the property . Attorney Barney stated that , rather than tie up the project , it should be cited as a condition and to grant final approval conditional on the Town Board accepting the drainage easement , so that it does not have to come back to the Planning Board . Attorney Barney stated that the Town Board needs to address the entire question of how to handle the drainage easements and the retention pond . William Lesser commented on the Restrictive Covenants , No . 1 - RESIDENTIAL USE . Mr . Lesser said that it was not necessary , but he thought it would be helpful if it was mentioned that , indeed , more than one was limited to Lots # 1 , # 3 , and # 4 . Mr . Lesser noted that it has been restricted for two separate living units for Lots # 1 , # 3 , and # 4 . Attorney Barney stated that the only ones he was aware of were the " duplex " configuration . Mr . Lesser was concerned about the last sentence in the paragraph , which reads : " In deciding whether to grant such approval , the Planning Board may consider whether the design provides an exterior appearance resembling a single family house . " Mr . Lesser said that , obviously , the Board can do that , and are not bound by it , but he felt that somehow this was implying that the Town Board will make such a decision , commenting that he did not know why that needed to go into the Restrictive Covenants . Attorney Barney noted that , normally , the Planning Board , when reviewing these types of things , is not permitted really to consider aesthetic consideration . Attorney Barney offered that this is a special deal • where it is a cluster type of situation , adding that he understood one of the principal concerns was that to make sure , if there was a two - family side -by - side , that the exterior was going to not give the typical duplex appearance with two separate entrances . Mr . Lesser remarked that he was trying to understand what the Planning Board has committed itself to . Attorney Barney stated that it was his understanding that the Planning Board was concerned about having the side -by - sides not look like side - by - sides . Robert Kenerson asked about access to the Sweet property . Ms . Beeners responded that the access was not to be paved , and Beth Mulholland was pursuing , with Mr . Sweet , the granting of an easement for Circle Greenway . Ms . Beeners offered that signage for the trail would , at the most , be some kind of a little blaze . At this time , Attorney Barney stated that he wanted to remind the Board that Mr . Paolangeli is a client of his office , but was not being represented by his office for the application before the Board . 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 Dr . William Lesser , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Final Subdivision Approval for the proposed subdivision of a 15 , 714 sq . ft . lot from Town of Ithaca Tax Parcel No . 6 - 58 - 1 - 8 , located at 1345 Slaterville Road Planning Board. - 4 - February 7 , 1989 • and containing an existing dwelling , and further , Consideration of Final Subdivision Approval for the proposed clustered subdivision of a portion of Town of Ithaca Tax Parcel No . 6 - 58 - 1 - 8 and of Town of Ithaca Tax Parcels No . 6 - 58 - 1 - 7 , - 10 . 2 , and - 11 into six lots of 22 , 013 sq . ft . to 87 , 400 sq . ft . 2 . This is an Unlisted action for which the Planning Board , acting as Lead Agency for environmental review , has , on January 3 , 1989 , made a negative determination of environmental significance and granted Preliminary Subdivision Approval for the proposed subdivision , with certain conditions . 3 . The Town Board has , on January 9 , 1989 , approved the proposed roads and other public facilities for this subdivision . 4 . The Planning Board , at Public Hearing on February 7 , 1989 , has reviewed the proposed final plat and restrictive covenants for this subdivision . THEREFORE , IT IS RESOLVED % That the Planning Board grant and hereby does grant Final Subdivision Approval to the subdivisions as proposed , with the following conditions : • 1 . Approval of the final site drainage and revegetation plan by the Town Engineering and Planning Departments prior to the issuance of any building permits . 2 . Approval of the final intersection design by the New York State Department of Transportation . 3 . Only Lots 1 , 3 , and 4 may have side - by - side duplexes constructed on them subject to approval of a site plan and schematic architectural plans and elevations for any such duplexes by the Planning Board prior to the issuance of any building permits for such dwellings , such approval to be denied unless the exterior appearance of the duplex is that of a single -- family residence with a single front entranceway and with any garages to be located on only one side of the building . 4 . The proposed footpath shall not be surfaced but shall be reserved for future pathway purposes if suitable arrangements can be made for appropriate connections across the Sweet premises . 5 . Approval of proposed drainage easement by the Town Board and the Town Attorney . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Kenerson , Lesser . • Nay - None . The MOTION was declared to be carried unanimously . Planning Board - 5 - February 7 , 1989 ® Chairman May declared the matter of the Consideration of Final Subdivision Approval for the " Winner ' s Circle " Subdivision duly closed at 7 : 59 p, . m . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 23 - 1 - 29 , 9 ACRES TOTAL , LOCATED AT 1445 TRUMANSBURG ROAD , INTO TEN LOTS , WITH ONE PROPOSED LOT CONTAINING AN EXISTING DWELLING ._ GUY 13URRELL AND HELEN E . NATHAN , OWNERS ; JOHN TILITZ , APPLICANT . Chairman May declared the Public Hearing in the above - noted matter duly opened at 8 : 00 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . George Schlecht , Engineer , Planner and Surveyor , for the project , approached the Board and appended maps to the bulletin board . Mr . Schlecht stated that Mr . John Tilitz is the owner / developer of the proposal . Mr . Schlecht said that the property in question is currently owned by Mr / Mrs Guy Burrell , and they live on the property , commenting , the total property , including the Burrell ' s house lot , is 9 . 8 acres . Mr . Schlecht said that the property is to be conveyed to Mr . Tilitz and subsequently subdivided into approximately 9 acres . • Mr . Schlecht noted that the property is located on Route 96 , approximately 1600 feet north of DuBois Road , and approximately 3000 feet south of the Town of Ulysses line . Mr . Schlecht stated that the zoning on the site is currently R - 30 , and added that the plan meets all the requirements of an R- 30 zone , noting , there are no requests for any variances . Mr . Schlecht stated that the set - back requirements reflect the latest changes to the Zoning Ordinance recently enacted . Mr . Schlecht remarked that the tighest house on the plan is Lot # 2 , yet there is ample room for a reasonably sized home . Mr . Schlecht offered that the site itself has very uniform slopes , averaging 5 % - 6 % with the maximum slope 8 % . Continuing , Mr . Schlecht stated that the proposed road would connect to Trumansburg Road , where there are excellent: site distances , adding that the total length of that road is approximately 900 feet , terminating in a turnaround circle , and would be constructed to Town specifications . Mr . Schlecht noted that an allowance has been made for future extension to the north via a 60 - foot wide portion of property which would be dedicated to the Town for future extension , commenting , water lines will be public which are along Route 96 and will be available to the site . Mr . Schlecht said that the present configuration of the storm drainage on the site is strictly sheet flow , noting , the amount of increased run - off is small to begin with , and by providing for retention will eliminate any significant increase in the ultimate downstream run - off . Mr . Schlecht explained that there would be a ditch constructed along the east property line , the bottom of the ditch will actually have a bed of 4 " - 6 " cobble rocks , and volume between those rocks will be enough to equal_ the amount of retention volume , adding , the advantage of that approach as opposed to Planning Board - 6 - February 7 , 1989 trying to do some kind of detention basin is that , by having this gallery , the sheet flow that presently exists will be duplicated , water will flow into that and infiltrate into the ground . Attorney Barney asked about the maintenance , with Mr . Schlecht answering , it will be as maintenance free as these things get , remarking that it will be a bed of rocks that the water runs down into . Attorney Barney wondered about undergrowth or vegetation . Mr . Schlecht said that the top of it will have topsoil and grass growing on it , noting , it is similar to a french drain . Attorney Barney wondered if this was an accepted engineering mechanism , with Mr . Schlecht responding , yes , but it has not been widely used in this area , because it would only apply to relatively unique situations . Ms . Beeners wondered if it would be necessary to line it with any kind of soil cloth to prevent the sedimentation . Mr . Schlecht commented that the fabric: Ms . Beeners was referring to was largely meant to keep material silt , primarily , from pumping up into a granular of sub - base . Indicating on the map , Mr . Schlecht said that the sanitary sewer would be " here " and would service " these " lots , extend to the east through a combination utility right - of -way to allow for the sewer , and a trail , which is part of the open space requirement , noting that the sewer and the trail would be constructed within that 20 - foot right - of -way . Mr . Schlecht stated that the sewer is meant to extend and connect up with the Poyer subdivision . Mr . Schlecht commented on the open space requirement in that it is proposed within the • right - of -way that will be dedicated to the Town . Mr . Schlecht said that an 8 - foot wide trail would be constructed , noting that the maximum road grade is 6 . 25 % for a short distance , and no place is less than 1 - 1 / 2 % . Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Celia Bowers of 1406 Trumansburg Road spoke from the floor and asked where the trail would go . Chairman May stated that the trail would connect up with the Poyer property trail which will exit on DuBois Road , north of Indian Creek Road , adding , it will allow people to cut across that triangular piece of land to get over to the Hospital and the Biggs Complex area . Ms . Beeners said that , also in connecting with the Poyer trail it would have the possibility of ultimately connecting up to the Westwood Hills park site in the Woolf Lane subdivision . There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public Hearing at 8 : 15 p . m . and brought the matter back to the Board for discussion . Robert Kenerson wondered if the new side yard requirements comply . Ms . Beeners responded that it does comply with the new zoning requirements . Ms . Beeners pointed out that the existing house would • really be changing its orientation , as far as where a front yard would be onto the new road , commenting , the lot dimensions would certainly Planning Board - 7 - February 7 , 1989 • comply as far as width and depth when measuring from the new proposed road . Attorney Barney , referring to the utility plan ,, wondered if Mr . Tilitz had control over the entire course of where the sewer is shown to run . Mr . Schlecht responded , no , it is being negotiated with Mr . Poyer , Ms . Beeners offered that the trail area was labelled as a 20 - foot trail right - of - way , adding , it should be labelled as proposed to be deeded to the Town for trail and municipal purposes . Ms . Beeners stated that the map has not been filed , but has been signed . Attorney Barney stated that it should be denominated for whatever purpose . Ms . Beeners , commenting on the general sewer situation , stated that there is proposed , at the present time , subject to discussion by the Town Board on Monday , February 13 , 1989 , a rehabilitation project for the sewermain below the Hospital , which is the main main for West Hill . Ms . Beeners stated that , at the present time , it is being recommended that there be a charge for any new lots that would be going into the hospital main , adding , that charge would be $ 300 . 00 per dwelling unit . Robert Kenerson wondered if that would be an impact fee by definition . Ms . Beeners responded that it is a fairly important mitigation measure to take care of a main that needs rehabilitation . Chairman May noted that it is really a usage fee . William Lesser wondered where the amount of $ 300 . 00 came from . Ms . Beeners replied that it came from looking at what the total estimated cost of the rehabilitation work would be , commenting , that appeared to be what a fair share should be . Erik Whitney , Assistant Town Engineer , asked about the drainage ditches . Mr . Schlecht responded that there would only be ditches on the uphill side of the road . 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 Dr . William Lesser : WHEREAS : 1 . This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No . 6 - 23 - 1 - 29 , 9 acres total , located at 1445 Trumansburg Road , into ten lots , with one proposed lot containing an existing dwelling . 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 : Planning Board. - 8 - February 7 , 1989 • That the Planning Board , acting as Lead Agency in the environmental review of this Unlisted action , make and hereby does make a negative determination of environmental significance for this action . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Kenerson , Lesser . Nay - None , The MOTION was declared to be carried unanimously . MOTION by Mrs . Carolyn Grigorov , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Preliminary Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Road. , into ten lots , with one proposed lot containing an existing Parcel No . 6 - 23 - 1 - 29 , 9 acres total , located at 1445 Trumansburg dwelling . 2 . This is an Unlisted action for which the Planning Board , acting as Lead Agency for environmental review , has , on February 7 , 1989 , made a negative determination of environmental • significance . 3 . The Planning Board , at Public Hearing on February 7 , 1989 , has reviewed the Preliminary Plat and Preliminary Engineering Plan , and other application submissions . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Preliminary Subdivision Approval to the subdivision as proposed , with the following conditions . 1 . Approval by the Town Board of the locations of the proposed road , trailway , and other public facilities , prior to consideration of final subdivision approval . 2 . Submission of an agreement for approval by the Town Board with respect to the development of off - site water and sewer systems such that the developer will participate in the cost of rehabilitation of the sewer main below Tompkins Community Hospital in the amount of $ 300 . 00 per dwelling unit , prior to the issuance of any building permits . 3 . Approval by the Town Attorney of any easements from adjoining lands related to sewer extension . • 4 . Construction of an 8 - foot trailway to the general specifications as proposed , prior to the issuance of any certificates of compliance for dwellings on lots 2 and 3 . Planning Board - 9 - February 7 , 1989 • 5 . Modification of map to show transfer of trail easement area to the Town in fee . 6 . Approval of the drainage dispersal system by the Town Engineering Department , 7 . Granting of a drainage easement to the Town for maintenance of any drainage dispersal system , such easement to be shown on any final plat . At this point , Ms . Beeners commented , for the record , as to the development of the trail . Ms . Beeners stated that the reason she put it in was to permit some kind of additional coordination of trail development in that area , and essentially to make sure that the construction of the trail would be timely with its being usable through on the Poyer property . Ms . Beeners recommended that , as the time draws nearer for construction on Lots # 2 and # 3 , that there be some consultation back with the Planning Department and Parks Department to see whether it is timely to keep the condition in or whether modification should be sought that might defer trail construction until a slightly later time , but still within the confines of completion of the entire project . Attorney Barney remarked that that is always a possibility . Chairman May noted that the above statement was agreed to by the developer [John Tilitz ] and his engineer [ George Schlecht ] . • There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Kenerson , Lesser . Nay - None . The MOTION was declared to be carried unanimously . At this point , Chairman May announced to everyone present that the following Public Hearings would be held as one combined Public Hearing , but in terms of taking action , the Board would vote on each individual Public Hearing . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL FOR A PROPOSED 12 - LOT CONVENTIONAL SUBDIVISION OF 19 ± ACRES , PROPOSED TO BE LOCATED ON TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 32 AND ON A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 23 WITH ACCESS ONTO HAYTS ROAD . CMH ASSOCIATES , OWNER ; HOLT ARCHITECTS , AGENT . PUBLIC HEARING : CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH RESPECT TO A REQUEST FOR THE REZONING OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 23 AND A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 32 WITH ACCESS ONTO TRUMANSBURG ROAD , 69 ± ACRES TOTAL , FROM AN AGRICULTURAL DISTRICT TO A SPECIAL LAND USE DISTRICT , FOR THE PROPOSED " INDIAN CREEK RETIREMENT COMMUNITY " , PROPOSED TO CONSIST OF A 60 - UNIT SINGLE - OR TWO -FAMILY ATTACHED CLUSTERED SUBDIVISION , AN 80 - UNIT • RETIREMENT CONDOMINIUM/ COOPERATIVE , AND PUBLIC OPEN SPACE , CMH ASSOCIATES , OWNER ; HOLT ARCHITECTS , AGENT . Planning Board - 10 - February 7 , 1989 • PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL WITH RESPECT TO THE PROPOSED " INDIAN CREEK RETIREMENT COMMUNITY " , FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 23 AND A PORTION OF TOWN OF ITHACA TAX PARCEL NO . 6 - 24 - 1 - 32 WITH ACCESS ONTO TRUMANSBURG ROAD , 69 ± ACRES TOTAL , INTO A 60 -UNIT SINGLE - OR TWO - FAMILY ATTACHED CLUSTERED SUBDIVISION , AN 80 - UNIT RETIREMENT CONDOMINIUM / COOPERATIVE , AND PUBLIC OPEN SPACE . CMH ASSOCIATES , OWNER ; HOLT ARCHITECTS , AGENT . Chairman May declared the Public Hearings in the above - noted matters duly opened at 8 : 36 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Scott Lucas of CMH Associates approached the Board . Mr . Lucas stated that all the units in the proposed subdivision are intended to be retirement units , and it is intended that they will be subject to an age restriction on occupancy , so that the proposed devlopment , indeed , will be a community of people of retirement age , 55 being the age that is being looked at as a threshold for occupancy . Continuing , Mr . Lucas stated that the parcel in question consists of 80 acres , adding , most everyone knows this property as the Babcock property on Trumansburg Road . Mr . Lucas said that Indian Creek divides the 80 acres , and that was the reason for the leftover piece • of land that is intended just to remain as lots , and remain in an Agricultural zone at that density . Mr . Lucas remarked that his primary interest was to develop a retirement community , which would be both apartment style residences and detached , commenting , as much green space as possible has been preserved . Mr . Lucas noted that one of his goals in doing that was to combine cluster housing and detached housing to maximize the amount of open space available on the site . Mr . Lucas stated that the proposed project involves housing and a service package , noting that the service package would be provided by the Tompkins Community Hospital , adding that the details of that arrangement are being negotiated . Mr . Lucas said that it is expected that the package include such things as meal service , housekeeping , nursing consultation , transportation service using a mini -van or mini -bus , security services , snow and trash removal , and all the typical condominium services one receives . Mr . Lucas stated that the proposed community would be structured in such a way that , if people so desire , because their health status changes , they can have two meals a day instead of one , and if they want housekeeping more frequently than two hours a week they can add that as an option . Mr . Lucas noted that , from an architectural standpoint , all the units are designed to accommodate walkers or wheelchairs . Mr . Lucas said that the doors are proposed to be 36 " wide , and there would be no threshold in the doorways between the rooms , there probably will be more use of vinyl hard surfaces , and less use of carpeting . Mr . Lucas noted that the land sits about 1000 feet back from Trumansburg Road , • and the proposal is for 140 units . Planning Board - 11 - February 7 , 1989 • Pointing to the appended map , Mr . Lucas said that there would be a few changes in the detached buildings , as the adjacent neighbor , Mr . Ryan , is concerned about the proximity of the detached units to his property . Mr . Lucas noted that Mr . Ryan is involved in rehabilitating wildlife . Mr . Lucas commented that one possible change would be to take some [ indicating on map ] of " these " buildings which , at the present time , are intended to be about 120 feet off the property line , and , perhaps , move them over to " this " area . Mr . Lucas stated that when he comes back for final approval the picture will be a little different . Board member Carolyn Grigorov wondered about the price range of the units . Mr . Lucas responded that they would be in the $ 110 , 000 . 00 and above range , noting , obviously , the detached units will be more expensive , as there is more site work involved . At this point , Mr . Lucas turned the issue over to Mr . Joseph Fitzgerald , Assistant Administrator at the Tompkins Community Hospital . Mr . Fitzgerald stated that the Hospital ' s interest in the matter , quite candidly , is as a health care provider . Mr . Fitzgerald commented that the project is somewhat unique , whereby people still have their independence , but at the same time have support services . Mr . Fitzgerald noted that he saw this arrangement with the Hospital as • long - term , adding that the Hospital ' s role in the project , once it becomes operational , will be to provide the kinds of services that Mr . Lucas talked about , e . g . , menu services , meal services , special diet services , nutritional counseling services , nursing services , etc . In addition , Mr . Fitzgerald stated that the Hospital would be the manager , so to speak , of all the marketing aspects of the project . Peter Trowbridge noted that , as a point of clarification [ indicating on map ] regarding the plan , Hayts Road runs to the bottom of the appended plan shown on the bulletin board , and " this " is Trumansburg Road . Mr . Trowbridge said that the 12 lots along Hayts Road are all within the Agricultural zone , and they are all at least one acre or more , adding that some of them are close to two acre lots . Mr . Trowbridge , pointing to map , indicated that between " this " small subdivision and the major project is a six acre natural area , which would be dedicated to the Town , and commented thatit runs along Indian Creek , noting that it separates the subdivision from the detached units of the retirement community condominiums . Mr . Trowbridge stated that , coming in off Trumansburg Road there would be a public road that would allow both for utility easement extension and road extension into a second large parcel , which has somewhat limited access . Mr . Trowbridge noted that , coming in off the road there is a four acre Town park reservation , adding , the six acre natural area and the four acre Town park would be connected by a 20 - foot wide right - of -way and Town trail . Mr . Trowbridge stated that the entire larger parcel has a 30 - foot buffer that surrounds it , commenting that , • wherever there is native vegetation , anything 3 " caliper or larger would be preserved . Mr . Trowbridge stated that there is particular sensitivity concerning the west and northern buffers , noting , nothing Planning Board - 12 - February 7 , 1989 • has been proposed closer than 120 feet . Mr . Trowbridge said that there is also a two acre pond which , on the one hand is an amenity , but also serves as a detention area for all the roadways , hard surfaces , and roof areas , adding , with discharge into Indian Creek . Mr . Trowbridge offered that it is also detention for a large portion of the subdivision off Hayts Road . Mr . Trowbridge noted that utility connections , in terms of water , are up to Trumansburg Road , commenting , sewer is a connection in association with the Tilitz project , which is a proposed subdivision located at 1445 Trumansburg Road . Chairman May noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Jim Ainslie of 245 Hayts Road spoke from the floor and expressed a concern with the density of the houses on the Hayts Road property . Mr . Ainslie stated that he sold the property to Mr . Babcock 20 years ago . Mr . Ainslie offered that the property , as shown on the map , looks like a flat piece of property , but it is very irregular , adding that the west end of the property just beyond the [ pointing to map ] circle is a sinkhole . Mr . Ainslie said that there is no sewer or water available up Hayts Road , Mr . Lucas of CMH spoke from the floor and stated that he had met with several of the neighbors today [ 2 / 7 / 89 ] and noted that questions were raised concerning the watertable . Mr . Lucas said that the 12 lots would not be improved until the Health Department has looked at them . Mr . Ainslie offered that there are only 13 usable acres on the land . Peter Trowbridge noted that he agreed that the soil density is such that the Health Department would have to be consulted in determining what exactly is needed in terms of septic and water . Mr . Trowbridge said that the parcels in , question range from close to an acre up to two acres . Chairman May , directing his comment to Mr . Lucas , wondered if it would be appropriate , at this point , to withdraw the 12 - lot subdivision consideration tonight , as it sounded like there is still a great deal of information that is required . Ms . Beeners stated that John Andersson , of the Tompkins County Health Department , has been notified , and has received a copy of the plans and application for the subdivision , noting that he would have to approve any water and sewer private systems , prior to any final sign - off on the final plat . Peter Trowbridge noted one clarification on the slope issue the slope issue has been looked at , and it has also been discussed with Mr . Andersson of the Health Department , Mr . Trowbridge stated that there are many places in the County , under the County jurisdiction , where developments of this density where these slope and soil conditions , probably lesser soil conditions , are occurring . Chairman May responded that there is no question there are a lot of one acre lots with wells and septic . Chairman May noted that , at this , time , it sounds like there might be a question about what the soil Planning Board - 13 - February 7 , 1989 conditions are . Ms . Beeners noted that Mr . Lucas ' point was that it is his desire to have at least some idea of what the configuration of the subdivision would be in order to properly figure out where to dig the test holes , and the design of the septic systems and wells . Chairman May said that he felt the issue was much too loose for the Board to grant Preliminary Approval . Chairman May noted that it was his recommendation that the request for Preliminary Approval on the 19 acres be withdrawn , obviously with no bias to any decision on it at all , until further study of the issue . Mr . Lucas stated that he would withdraw the request for further study . Douglas Pokorney of Hayts Road spoke from the floor and expressed a concern about getting 12 lots out of that piece of property . Chairman May responded that , as of now , that proposal has been withdrawn . Mr . Pokorney said that his concern was environmental . Lanny Joyce of 1416 Trumansburg Road spoke from the floor and stated that he is the most direct neighbor to the project , and it would have been nice if he had been talked to . Mr . Joyce offered that , generally , he likes what he sees , adding , the only thing that concerns him is the entrance road being right next to his property . Chairman May replied that there is a 30 - foot buffer . • Jack Ryan of 260 Hayts Road approached the Board and stated his objection to the project . Mr . Ryan is concerned about the habitat for his wildlife . Fred Schramm of 651 Sheffield Road appeared before the Board and wondered how many people were expected for the retirement community , with Mr . Lucas answering , about 200 - 250 people . Mr . Schramm wondered about providing garages . Mr . Lucas replied that the detached units would have single car garages , and the apartment style units would have some kind of covered parking arrangement . There appearing to be no one else from the public who wished to speak to this matter , Chairman May closed the Public Hearing at 9 : 30 p . m . and brought the matter back to the Board for discussion . Robert Kenerson asked Mr . Lucas to refresh his memory as to the ownership and what he was going to do to provide the services of the association . Mr . Lucas responded that , in terms of the ownership , it is intended to have all the units be condominium units , the reason for that being - a number of projects aimed at providing housing and services for people of this age have gotten into trouble because those sponsors have not done their homework or have made managerial mistakes in becoming solvent . Mr . Lucas stated that he felt ownership was attractive to people for a number of reasons - - first of all , it preserves their equity . Mr . Lucas noted that he wanted to have the is age restriction handled within the constraints of the by - laws of the association , rather than the actual deeds themselves , adding , if the age restriction is on the ownership , rather than occupancy , it creates Planning Board - 14 - February 7 , 1989 a lot of problems for an adult child who may want to purchase a unit • for his parents . Attorney Barney asked Mr . Lucas if he had looked at the New York Civil Rights provision against age restriction , with Mr . Lucas answering , no , not at this point , but it would be done . William Lesser wondered about the community by - laws . Mr . Lucas answered that they would be pretty stock condominium association by - laws . Mr . Lucas offered that , as a matter of personal style , he has very little interest in trying to regulate other persons ' lives . Chairman May noted that this is land owned in common so it would have to come back to the Town Board , with Attorney Barney responding , the whole thing does as this is a rezoning for Special Land Use District . William Lesser said that when the 91 lots were plotted it was not taken into consideration what is being occupied by the flood control pond . Mr . Lesser noted that the 42 = foot height of the connected buildings was quite a bit in excess of what is presently allowed in the Town . Mr . Lucas noted that a substantial part of that would be underground . Susan Beeners noted that a provision should be made for parking of residents and guests within the project . Mr . Trowbridge stated that there are 100 spaces associated with those clustered units , and 34 spaces for visitors and staff . Ms . Beeners asked about the duplex units to the west . Mr . Trowbridge replied that all -the duplex units would have a garage and off - street parking . • Ms . Beeners wondered if the size of the mains on the property would be sized so they would be the right size if there were a future Town water service . Mr . Trowbridge answered , yes . Ms . Beeners mentioned the connection fee aspect as far as the sewer is concerned , which would be $ 300 . 00 per unit . Robert Kenerson mentioned the six acre creek area and its connections , if it is going to be Town land , adding , there is a 20 - foot right - of -way , and a case could be made that it is almost blocked . Ms . Beeners noted that it appeared it might be worthwhile to have the six acres , as well as the four acre park site , be dedicated to the Town , accepted by the Town , and have some kind of a nature trail route right in [ pointing to map ] " this " area . Ms . Beeners said that there are at least 150 acres of wetland and forestland to the west , which are going to be , essentially , undevelopable , commenting that other measures in conservation would have to be taken . Chairman May mentioned emergency vehicle access . Mr . Lucas stated that , rather than deed the property to the Town , a conservation easement would be deeded to the Town conservation commission , which would accomplish the same purpose . Chairman May noted that in this particular instance he would see maintenance requirements being miniminal , but the thing one has to always think about is getting an emergency vehicle in and out . At this point , Chairman May stated that the Town Board was the • Lead Agency as far as the rezoning was concerned . Planning Board - 15 - February 7 , 1989 • Attorney .Barney mentioned the fact that he understood there was a fairly substantial revision to the site plan seeking a Special Land Use District , and making a recommendation to the Town Board based upon a general site plan , but wondered what the general site plan was going to look like . Attorney Barney wondered if it was appropriate to make a recommendation on a plan that may not be the plan that is going to be the basis . Mr . Lucas said that the goal was to increase the buffer for Mr . Ryan , the number of units would not be changed nor the number of spaces . Mr . Lucas noted that the basic configuration is the open space in front , the clustered buildings in the center , and the detached units , commenting , the only potential change is the location of some individual units . Attorney Barney commented , the Town Zoning Ordinance states that a Special Land Use District is presented in a general plan form , but then it is approved by the Town Board based upon that general plan , and comes back to the Planning Board when more specifics are noted as to a defined plan , adding , if the general plan is modified in. terms of moving a lot of buildings around , then the general plan has been deviated from that which was the underpinning for the Special Land Use District in the first place . Attorney Barney commented that he was concerned with the fact that , if three , four , or five buildings were going to be moved from what is presently shown on the plans , then that is the start of moving away from the general plan that the Town Board would be receiving . Susan Beeners wondered if the Planning Board could approve the plan with certain modifications . Mr . Lucas said that the possible • modifications would probably be five or six of the buildings in " this " [ indicating on map ] corner coming to the other side of the road . Carolyn Grigorov asked about the community open space , with Mr . Lucas stating that it would create additional buffer space . Attorney Barney , directing his question to Mr . Lucas , wondered when the determination would be made as to the buildings ' location change . Mr . Lucas answered , fairly soon , he had spoken with Peter Trowbridge as to how the units might look , if they were moved . Attorney Barney commented that the developer was asking the Planning Board to approve a plan , but was not sure the developer knew exactly what the plan was that he wanted approved , noting , he was troubled with doing this in the abstract , as he thought both the Planning Board and the Town Board need something fairly specific , and fairly definite , to make a determination . Chairman May wondered what the effect would be if the delay was , basically , about a month . Mr . Lucas responded that he was not sure , he was trying to do this to accommodate Mr . Ryan , Mr . Lucas stated that the plan brought before the Board would be to move those four buildings . At this point , Attorney Barney asked the developer to indicate on the drawing the changes to be made , so that plan could be recited , as the plan that the Planning Board is reviewing and making recommendation upon and that the modifications are moved to that point , commenting , then supply the Planning Board with a drawing that can be taken to the Town Board . Mr . Lucas offered that he would not • be building anything for probably 15 months . Chairman May mentioned the fact that there probably would be phasing . Attorney Barney asked if the roadway in would be a private roadway or a deeded public road , Planning Board - 16 - February 7 , 1989 • with Mr . Trowbridge answering , a deeded public road with a road reservation at the end of it . Attorney Barney wondered what the distance of the road was from Trumansburg Road to the end of the deeded portion . Mr . Trowbridge responded that it was approximately 1200 feet , and there is another 700 feet around the interior loop . William Lesser commented that the deeded portion was the divided road . Chairman May commented that it was recommended that the Planning Board make a recommendation to the Town Board with modifications only , because this is not a true subdivision map , and secondly , the Town Board has not agreed to rezone , and it was presumptuous to grant subdivision approval . There appearing to be no further discussion or comments from the Board , Chairman May asked if anyone were prepared to offer a motion as to the recommendation to the Town Board . MOTION by Mr . Robert Kenerson , seconded by Dr . William Lesser : WHEREAS : 1 . This action is the Consideration of a Recommendation to the Town Board with respect to a Request for the Rezoning of Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 23 and a portion of Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 32 with access onto Trumansburg Road , 66 . 7 ± • acres total , from an Agricultural District to a Special Land Use District , for the proposed " Indian Creek Retirement Community " , proposed to consist of a 60 unit single or two family attached clustered subdivision , an 80 - unit retirement condominium / cooperative , and public open space . 2 . This is a Type I action for which the Town Board is legislatively determined to act as Lead Agency in the environmental review of the proposed rezoning . The Planning Board is legislatively determined to act as Lead Agency in environmental review of the proposed subdivision . 3 . The Planning Board , at Public Hearing on February 7 , 1989 , has reviewed the environmental assessment form , preliminary site plans , and other application submissions , and has heard the recommendation of the Town Planner that a negative determination of environmental significance be made for the proposed rezoning and subdivisions . THEREFORE , IT IS RESOLVED : 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 rezoning , and FURTHER , IT IS RESOLVED : 1 . That the Planning Board determine and hereby does determine the following : Planning Board - 17 - February 7 , 1989 • 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 , and ce the proposed change is in accordance with a comprehensive plan of development of the Town . 2 . That the Planning Board recommend and hereby does recommend to the Town Board the approval of the general site plan and the rezoning , as proposed , with a modification to relocate four buildings as shown on the Schematic Site Plan redated February 7 , 1989 . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Kenerson , Lesser . Nay - None . The MOTION was declared to be carried unanimously . Chairman May declared the Consideration of a Recommendation to the Town Board with respect to a Request for Rezoning with respect to • the proposed " Indian Creek Retirement Community " duly closed at 10 : 00 p . m . APPROVAL OF MINUTES - October 4 , 1988 MOTION by William Lesser , seconded by Robert Kenerson : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of October 4 , 1988 , be and hereby are approved as written . There being no further discussion , the Chair called for a vote . Aye - May , Baker , Grigorov , Kenerson , Lesser . Nay - None . The MOTION was declared to be carried unanimously . APPROVAL OF MINUTES - January 3 , 1989 MOTION by William Lesser , seconded by James Baker : RESOLVED , that the Minutes of the Town of Ithaca Planning Board Meeting of January 3 , 1989 , be and hereby are approved as written . . There being no further discussion , the Chair called for a vote . • Aye - May , Baker , Grigorov , Kenerson , Lesser . Nay - None . LV Planning Board - 18 - February 7 , 1989 v The MOTION was declared to be carried unanimously . DISCUSSION Chairman May suggested that a sub - committee be formed to draw up a Code of Ethics for the Planning Board . Chairman May also suggested that he not be on the committee , however , he would be more than happy to be available and offer some comments on a number of things . Chairman May , directing his comment to Attorney Barney , wondered if Attorney Barney should be a member of the committee originally , or whether it should be drawn up , and then he enter as a member . Attorney Barney responded that he would rather not be a member of the committee , but he would be more than happy to meet with the committee in an advisory role . Attorney Barney noted that there are some State laws on ethics , and also , the Town has its own statement of ethics . Chairman May noted that he thought three people on the committee would be sufficient . William Lesser commented that he felt it was a good idea . Chairman May indicated that the committee selection could be on the Planning Board agenda soon . ADJOURNMENT Upon Motion , Chairman May declared the February 7 , 1989 , meeting of the Town of Ithaca Planning Board duly adjourned at 10 : 30 p . m . • Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . IW APFIDA % PlT Or ?VALKATION WTHE ITHA (al _`Z� - JOURNAL �~•�' 's � l-'TSS r`T'= 0 11111a - TOWN OF ITHACA be located on Town 9f Ithaca PLANNING BOARD Tax Parcel No. 6-24- 1 -32 and : NOTICE OF PUBLIC HEARINGS on a portion of Town of Ithaca ,ate },• u �� } I1�F bCL^. e C� ',:i � rA_0rM, drposeS TUESDAY, FEBRUARY 7, 1989 Tax Parcel No. 6-24-1 -23 with - I B direction of the Chairman access onto Hayts Road. W CMH of the Planning Board, NOTICE Associates, Owner; HOLT Ar- , && Nose �.>:� bt iLitw L^ IthAc:L, I; unto' an F= te i.� = 'Mr.1 rsL3 IS HEREBY GIVEN, that Public chitects, Agent. Hearings will be held by the 8:25 P. M. Consideration of a Planning Board of the Town of Recommendation to the Town � i Ithaca on Tuesday, February Board with respect to a Re- tlSit bE if _. S.ke C�_ .- �_^-. •- --.- •---•------- - - - — " " 7, 1989, in Town Hall , 1.26 East quest - for the Rezoning of Seneca Street, Ithaca, NY, at Town of Ithaca Tax Parcel No. the following times and on the 6-24- 1 -23 and aP ortion of pt_ Tmz Irs.+u 1017T.ti a p1b1i nt�►r� apes p:•snted- &nd. FrA4 bed__. following matters: Town of Ithaca Tax Parcel No. - . - - - 7 : 30 P. M. Consideration of Fi- 6. 24- 1-32 with access onto Tru- nol Subdivision Approval for monsburg Road, 69 plus/mi- _ . _ -• 1Lf2rMg; t,.h2t € DQtite;- of wa 1^.h the artnezed is ! true' . the proposed subdivision of a nus acres total , from on Agri- 15,714 sq. ft. lot from Town of cultural District to a Special 1 8 Land Use District for the pro _. . � t Parcel No 6 58 - - '-- - .._-_ ,--. _-- -, -_- - - _ - . Ithaca Tax Pa r located at 1345 Slaterville posed "Indian Creek Retire- , szs102 ��!G' ----•--- - ""••• "" Road and containing an exist- ment Community", proposed ing dwelling, and further, to consist of a 60-unit single-or e ham , a r. Consideration of Final Subdi- two-family attached clustered _ •- _ • • , - _,_-__� . _. . _- - • .--. . -• • -�.._ .. - •---• vision Approval for the pro- subdivision, an 80-unit retire- posed clustered subdivision of ment condominium/coopera- a portion of Town of Ithaca tive, and public open space. - - _ _ - - - - _ . . ... ... .. . . . . ____. _ ._ ._. _ _• _ _ __,_ ,_- __ __ Tax Parcel No. 6-58- 1 -8 and of CMH Associates, Owner; HOLT Town of Ithaca Tax Parcels No. Architects, Agent. 6-58- 1 -7, - 10. 2, and - 11 into 8:40 P. M. Consideration of t , , ,,� �. � C ✓ �t, e six lots of 22,013 sq. ft. to 87, - Prelminary Subdivision Appro- val tytt ! t: ,y f ' SZ t^ '- - ; _ c' ^ : O. Sc: _ D . _ � , • • - 400 sq. ft. Francis J. Paolange- with respect to the pro- �� lie Owner/Applicant. posed "Indian Creek Retire- - ~� Q 7:50 P. M. Consideration of ment Community'% for the U3ZT O� , _ - • • C • _ • U _ _• __ __ _ ___ _ _• • • __ - - . .._. . .. . .. i9 _ 1-. . Preliminary Subdivision App- proposed subdivision of Town proval for the proposed subdi- ' of Ithaca Tax Parcel No. 6 24 vision of Town of Ithaca Tax 1 -23 and a portion of Town of Parcel No. 6-23- 1 -29, 9 acres Ithaca Tax Parcel No. 6-24-1 - total , located at 1445 Tru- 32 with access onto Trumas- mansburg Road, into ten lots, burg Road, 69 plus/minus ♦iy, c with one proposed lot con- acres total, into a 60-unit sin- 1;. p ____ .. .. _ . . toining an existing dwelling. gle- or two-family attached Guy Burrell and Helen E. No- clustered subdivision, an 80- C/✓� than, Owners; John Tilitz, Ap- unit retirement . condominum- __ _ . .__ . _ _ . . . Consideration of open s plicant. /cooperative, and public 8: 10 P. M. ace. CMH Associates, Preliminary Subdivision Ap- Owner ; HOLT Architects: / �j �! _ i p proval for a proposed 12-lot Agent. ... - - . ... - ' � . . _ _`LI - --• •• •• - • ------• • conventipnal subdivison of 19 Said Planningg Board will at jL- croxmv Fubl. . plus/minus acres, proposed to -said times nnd_enidnlnrP.henr . all persons in support of such JEAN FORD matters or objections thereto. V Persons may appear by agent Notary Public, Sta ' ofj flew Y01A or in person . Jean H: Swartwood t Town Clerk No. 46 .; 4410 , 273-1721 I ' _ Qll alified in Tc �,i . :< : rs County February 2, 1989 Commission. expires May 31,- 19 . .9 r