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HomeMy WebLinkAboutPB Minutes 1989-05-02 FRW TOWN OF ITHACA Date 1—ed' Cier imv&* &d/ft TOWN OF ITHACA PLANNING BOARD MAY 2 , 1989 The Town of Ithaca Planning Board met in regular session on Tuesday , May 2 , 1989 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Vice - Chairperson Virginia Langhans , James Baker , Robert Miller , Montgomery May , Robert Kenerson , Stephen Smith , William Lesser , George R . Frantz ( Assistant Town Planner ) , Susan C . Beeners ( Town Planner ) , Sally S . Olsen ( Town Engineer ) , John C . Barney ( Town Attorney ) . ALSO PRESENT : Scott Lucas , David Herrick , A , M , Chambliss , Peter Trowbridge , J . S . Ainslie , E . H . Ball , Karl Niklas , Edward J . Cobb , Celia Bowers , L . Bonanni , Myrtle & John Whitcomb , Attorney Shirley K . Egan , Lisa E . Blackwell , Nancy Ostman , Rosalind Grippi , Kinga Gergely , Bill Hilker , Pam Sackett , Margaret Fabrizio , Vice -Chairperson Langhans 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 April 25 , 1989 , and April 27 , 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 , as appropriate , upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Tompkins County Commissioner of Planning , and upon the applicants and / or agents , as appropriate , on April 26 , 1989 . Vice - Chairperson Langhans read the Fire Exit Regulations to those assembled , as required by the New York State Department of State , Office of Fire Prevention and Control . PUBLICNHEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL AND PRELIMINARY SITE PLAN APPROVAL FOR 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 , 66 . 7 ± ACRES TOTAL , INTO A CLUSTERED CONDOMINIUM RETIREMENT SUBDIVISION CONSISTING OF AN 80 - UNIT BUILDING , 60 DWELLING UNITS IN SINGLE - OR TWO- FAMILY ATTACHED STRUCTURES , AND PUBLIC OPEN SPACE , CMH ASSOCIATES , OWNER ; HOLT ARCHITECTS , AGENT , Vice - Chairperson Langhans declared the Public Hearing in the above - noted matter duly opened at 7 : 38 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Mr . Lucas addressed the Board and stated that when the proposal was before the Board at a prior meeting there was a discussion of the information concerning the restrictions on the occupancy , ownership , i Planning Board - 2 - May 2 , 1989 and use of the units . Mr . Lucas said that it was mentioned at the meeting that a table of contents , or something similar , would be appropriate , adding , CMH finally decided to provide the complete set of condominium documents to the Board . Mr . Lucas stated that one item in the document needs to be deleted from one line , which regards the cutting of trees in the buffer zone , commenting , that will be made before the final copy is submitted . Mr . Lucas offered that the design has been redone by the architects , with additional legends in identifying information . Mr . Lucas stated that all of the units are intended to be condo units ; the detached dwellings will be sold as condo units , and not as fee simple lots , adding that the whole 140 units are condos , and the property would be owned in common by the owners ' association . Vice -Chairperson Langhans noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Vice - Chairperson Langhans closed the Public Hearing at 7 : 45 p . m . and brought the matter back to the Board for discussion . Vice - Chairperson Langhans announced that the Public Hearing would be closed for the moment , but would open it again , if the need arises . Robert Ken erson wondered if the sewer hook - up across Route 96 would be alright , as far as the Town engineering is concerned . Town Engineer Sally Olsen stated that a permit would have to be secured • from the State DOT to cross the road . Mr . Trowbridge said that CMH has been in touch with the DOT . Town Planner Susan Beeners stated that it should be noted that arrangements are built into the Local Law , as far as the formulation of an agreement , prior to any building permit issuance , related to the provision of water / sewer to the site , because there will be some easements needed to get through the Poyer and Tilitz properties to the subject property , commenting that Mr . Lucas has agreed to contribute about $ 300 . 00 per unit for upgrading the sewer below the Hospital line . Ms . Beeners noted that , with the affects of providing water , there are some arrangements as well that would allow for some different contingencies , and noting that the current plan probably being that Mr . Lucas would be constructing around 1400 - 1600 feet of watermain along Trumansburg Road , at about half of what it would take to reach the subject project . Ms . Beeners stated that that type of an extension has been in the Town ' s plans for at least a couple of years . Ms . Beeners stated that staff is reasonably satisfied that there will be a fair agreement reached , as far as both of those items go . Mr . Kenerson wondered if the water pressure would be adequate . Ms . Olsen responded that CMH is proposing to build a hydropneumatic pump station . Mr . Ken erson also wondered if that would be a pumping station that CMH would own , keep , and dismantle when the Town pressure increases enough so that it is not needed . Mr . Herrick offered that it is proposed that the hydropneumatic system would be constructed 0 somewhere around the present intersections with DuBois Road and Trumansburg Road , adding that the system would be designed to Town 1 Planning Board - 3 - May 2 , 1989 standards and deeded over to the Town , if that is what is required , for Town maintenance . Mr . Herrick stated that that short section of line from the intersection , up to the project , would provide benefits to the residents , plus to the project itself . Mr . Kenerson asked about the anticipated timing of the phasing . Mr . Lucas answered that CMH anticipates , at the present time , to begin construction next spring , adding , CMH is looking at a year for the first phase . Mr . Lucas offered that the plan is to build the first phase once a number of the units are sold , commenting that CMH wants to do it that way , because they want to get the construction completed fairly quickly . Mr . Kenerson asked about the completion of both phases . Mr . Lucas responded that the plan is for four years , depending on the economy ; it could turn out to be five or six years . Mr . Kenerson , directing his comment to Mr . Lucas , wondered how far CMH was going to go with the installation of utilities in Phase I . Mr . Lucas replied that the tentative plans are to front - load as much of that cost as they can . Mr . Lucas stated that their expectation is , basically , the first phase would pay for all of the improvements to the infrastructure . Ms . Langhans mentioned that it is not expected to construct any of the roads until the spring of 1990 . Mr . Lucas responded that that was his expectation . Mr . Smith , directing his comment to Mr . Lucas , wondered about the current anticipated cost . Mr . Lucas stated that he did not want to be disingenuous , he knows what the goal is , but wants to be cautious , as • he noted the first time CMH was before the Board , adding , if he said a number was their goal , then somehow that becomes a guarantee . Mr . Lucas said that there are certain things that he has no control over ; Mr . Babcock has not stepped forward to cut the price of the property to CMH , and a one percentage point swing in interest rates essentially contributes about $ 1 , 000 . 00 in cost , one way or the other , noting that he does not have control over that . Mr . Lucas offered that in 1988 the average sale price of a home in the Town and City of Ithaca was $ 981r800 . 001 adding , over the last three years property values have been increasing on an average of 13 . 8 % , and if that trend holds up for 1989 the average price in 1989 will be somewhere around $ 112 , 400 . 00 , commenting , he believed that CMH has to be very close to that number , or the market would chase them away . Mr . Lucas offered that his expectation would be that CMH would bring some units to market below the average cost in the community , and there will be some units above the average cost in the community . Mr . Lucas stated that he cannot say what the average cost would be in 1990 , but felt that the $ 110 , 000 . 00 - $ 115 , 000 . 00 range is probably a realistic estimate . Mr . Lesser asked about the anticipated unit owners assessment for common expenses of the association . Mr . Lucas responded that , for this project , it is important to understand that there are two components to that ; one is a discretionary component in that what is a fixed component like a typical condo fee . Mr . Lucas said that the fixed component would include all the customary condo expenses : common • area taxes , maintenance , security , and it probably will include some transportation component , or at least some portion of that insurance for the common area spaces . Mr . Lucas stated that he thought it would 1 Planning Board - 4 - May 2 , 1989 probably come out somewhere around $ 150 . 00 - $ 200 . 00 per month . Mr . Lucas offered that the other costs for things such as housekeeping within the individual units , for meals , and for personal care services , which would be provided by the Tompkins Community Hospital , adding that he is not directly involved in any of those transactions . Mr . Lucas offered that the typical prices in other developments like the subject proposal consist of the main meal being on the order of $ 250 . 00 - $ 300 . 00 per month , the housekeeping for 2 hours a week tends to run about $ 150 . 00 per month . Mr . Lucas offered that his guess would be that , if someone moved in and purchased a heavy array of services , then the charge for that would be in the vicinity of $ 700 . 00 per month . Mr . Lesser wondered if there were procedures set up for the election of the executive board . Mr . Lucas responded that he assumed it would be by majority vote , each unit representing one vote . Attorney Barney mentioned that during the first three years , or until 75 % of the units are sold , whichever ends earlier , then after that period of time it is elected by a vote of 510 of the unit owners present at a meeting , however , a quorum is only 30 % , so , theoretically , 16 % of the unit owners could elect all five members of the Board . Mr . Lucas offered that , just as an observation , and based on his own experience , there is often a disinclination of older residents to be as active in these Boards , as would be the case in a condominium development with younger people , adding , one of the • reasons for having a hospital involved is that they can be perceived as a more stable person to be sort of a business agent . Mr . Lucas said that hospital personnel tend to have motives that are relatively benign and socially oriented . Mr . Lucas offered that what will happen , initially , is that the Hospital will contract on behalf of the association to provide a service package , adding that that contract will be time - limited , probably because it is important for the Hospital to have an incentive and to recognize that , if they do not do a capable job and a job that is satisfactory for the unit owners , then the option exists within a realistic timeframe , 6 years or so , for the owners association to go out and look for someone else to provide that service . At this point , Vice - Chairperson Langhans asked if there were any more questions . Susan Beeners stated that , as she understood it , in the phasing of the duplex units ; CMH is intending not to leave the Town with an inordinately long cul - de - sac . Mr . Trowbridge stated that CMH would never exceed the Town ' s limit . Ms . Beeners stated that the Planning Board does note that there is a demarcation that is shown on the plan , as far as where private and public roads would end , and there is a median strip provided within the entrance road known as Shadblow Drive , which the Board feels would pretty well mitigate impacts of running about 300 feet over the 1 , 000 foot cul - de - sac minimum . Ms . • Beeners stated that she also would assume that , with the buffer planting at the pond , CMH could add such things as Hawthorns as an additional type of a barrier . Ms . Beeners stated that she is just Planning Board - 5 - May 2 , 1989 concerned that as CMH moves into a final site plan context that appropriate disincentives for public wandering off into the pond area will be provided . Ms . Beeners , commenting on the road names , mentioned that CMH does acknowledge that they have changed the names so that it is not Indian Creek Drive , which the Board felt might be ambiguous in the time of a fire emergency . Ms . Beeners wondered if CMH had thought about things that might be a little easier for use , such as Shadbush Drive and Redwood Drive . Ms . Beeners stated that a discussion was held between staff and the designers about open space , adding , as the Board recalls , the southern subdivision on Hayts Road was withdrawn . It was withdrawn at a time when the Indian Creek Natural area was somewhat seen as a shared open space feature common to both projects . Ms . Beeners noted that she sensed that there is a concern , and it is reflected in the draft resolution at the end , that there be some kind of acknowledgement at any time of future development of that subdivision that , indeed , there was a little more than 10 acres proposed to be dedicated to the Town as part of this 66 acre retirement community . Ms . Beeners stated that she knew the Planning Board cannot give any type of an open space credit , but she felt that was something that should be considered . Ms . Langhans noted that there was discussion about the 6 acre • Indian Creek natural area . Mr . Trowbridge responded that there is a 4 acre Town Park near Route 96 and with the 6 acres , it makes a total of 10 acres all together . Mr . Trowbridge mentioned the two parcels with a 20 - foot wide right- of - way for a trail that connects the two . Ms . Beeners mentioned building materials , in that Lane Chambliss of Holt Architects talked about typical building materials . Mr . Chambliss stated that it is mentioned in the first written report of the text . Mr . Lucas stated that for the large building CMH expects to use verticle and diagonal siding , and the detached units will be shingle or clapboard , adding , his assumption is that people will want some differentiation of their individual homes . Attorney Barney , directing his comment to Mr . Lucas , mentioned that the declaration of by - laws makes reference to an act on a few things , which he thought were derived from Maine rather than New York . Mr . Lucas responded that the declarations are from a similar project that was constructed in the State of Maine . Mr . Lucas stated that CMH has retained a New York attorney to smooth out all the language and references to New York State real estate so that it conforms to New York standards , before it gets submitted to the Town Board and the Attorney General . • Town Engineer Sally Olsen brought it to everyone ' s attention that the Town is in the process of developing new road specs , adding that there is not an anticipated date when the specs will be finished and Planning Board - 6 - May 2 , 1989 approved by the Town Board , in fact , the proposed project may be subject to the new specs . Ms . Olsen mentioned the fire access codes , in that she had noticed a couple of discrepancies , but nothing major . Vice - Chairperson Langhans noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Rosalind Grippi , of 423 E . Seneca , Street , spoke from the floor and stated that she had a concern about how the mechanism for upping the water pressure would be housed . Mr . Herrick , of Holt Architects , responded that it is an underground package that is similar to the one that the Town installed on Woolf Lane , Mr . Herrick offered that the structure itself is completely contained , has a cover on it , and would be covered over by soil , something like a manhole . There appearing to be no one else from the public who wished to speak to this matter , Vice - Chairperson Langhans closed the Public Hearing at 8 : 10 p . m . and brought the matter back to the Board for discussion . There appearing to be no further discussion or comments from the Board , Vice - Chairperson Langhans asked if anyone were prepared to offer a motion . MOTION by Mr . Robert Kenerson , seconded by Mr . James Baker : • WHEREAS : 1 . This action is the Consideration of Preliminary Subdivision Approval and Preliminary Site Plan Approval for 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 , 66 . 7 ± acres total , into a clustered condominium retirement subdivision consisting of an 80 -unit building , 60 dwelling units in single - or two - family attached structures , and public open space . 2 . This is a Type I action for which the Planning Board is legislatively determined to act as Lead Agency for environmental review of the proposed subdivision and site plan . 3 . The Town Planner has recommended that a negative determination of environmental significance be made for this action . THEREFORE , IT IS RESOLVED : That the Planning Board , acting as Lead Agency in the environmental review of this Type I action , make and hereby does make a negative determination of environmental significance for the action • as proposed . There being no further discussion , the Chair called for a vote . Planning Board - 7 - May 2 , 1989 Aye - Langhans , May , Baker , Ken erson , Lesser , Miller , Smith . Nay - None . The MOTION was declared to be carried unanimously . MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Preliminary Subdivision Approval and Preliminary Site Plan Approval for 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 , 66 . 7 ± acres total , into a clustered condominium retirement subdivision consisting of an 80 -unit building , 60 dwelling units in single - or two - family attached structures , and public open space . 2 . This is a Type I action for which the Planning Board , on May 2 , 1989 , acting as Lead Agency for environmental review of the proposed subdivision and site plan , has made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on May 2 , 1989 , has • reviewed the preliminary subdivision and site plan and other application materials for this project . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Preliminary Subdivision Approval and Preliminary Site Plan Approval to the project as proposed , with the following conditions : a . Compliance with all pertinent requirements , including compliance with the requirements set forth in the Local Law adopted by the Town Board on March 13 , 1989 , establishing Special Land Use District No . 6 . b . The approval of the location of roads , open space , and other public facilities by the Town Board prior to any consideration of final subdivision and final site plan approval . c . The approval of proposed declarations , covenants , and by - laws by the Town Board . d . Submission of an agreement with respect to the maintenance of the proposed pond for approval by the Town Engineer and Town Attorney prior to the issuance of any building permits . e . A preliminary street address system shall be determined by the • Zoning Officer prior to final plat approval . FURTHER , IT IS RESOLVED : Planning Board - 8 - May 2 , 1989 That the Planning Board will fully consider the presently planned dedication of the 6 - acre Indian Creek Natural Area in any possible future subdivision of the remaining lands of Town of Ithaca Tax Parcel No . 6 - 24 - 1 - 32 by the same developer . There being no further discussion , the Chair called for a vote . Aye - Langhans , May , Baker , Kenerson , Lesser , Miller , Smith . Nay - None . The MOTION was declared to be carried unanimously . Vice - Chairperson Langhans declared the matter of the Consideration of Preliminary Subdivision Approval and Preliminary Site Plan Approval for the proposed " Indian Creek Retirement Community " duly closed at 8 : 14 p . m . AGENDA ITEM : PRESENTATION WITH RESPECT TO PROPOSED REZONING OF CERTAIN PARCELS ON DANBY ROAD , WEST KING ROAD , AND STONE QUARRY ROAD FROM RESIDENCE DISTRICT R- 9 TO RESIDENCE DISTRICT R- 15 . KARL J . NIKLAS , AGENT , Vice - Chairperson Langhans opened the discussion on the above - noted matter at 8 : 15 p . m . and read aloud from the Agenda as noted above . • Mr . Karl Niklas addressed the Board and stated for the record that his name is Karl J . Niklas , and he resides at 1005 Danby Road . Mr . Niklas stated that the rationale for the petition presented tonight comes about from the recognition that the Town is currently pursuing the Comprehensive Master Plan . Mr . Niklas commented that he and his neighbors feel that what the Town needs , of course , is a current Zoning Map that adequately reflects the use of the plots of land within the purview of the Town . Mr . Nicklas said that the signators to the petition essentially own property which is either developed or intended to be developed by the owners , at the level of R- 15 , therefore , looking at the current map , which designates the properties as R- 9 , in a sense , is potentially misleading , particularly in terms of an overview of the Comprehensive Plan in the Town of Ithaca . Mr . Niklas stated that he , and his neighbors , recognize the need for R- 9 zoned properties in the Town , but they want to encourage everyone to see that the properties that are on that petition are , essentially , as of now , developed with the density of R - 15 in mind , adding , those properties which have no structures on them are dedicated to a density of R- 15 by the owners who put their signatures on the petition . Mr . Niklas stated that they feel , by pursuing the rezoning , and getting it officially on the Town Zoning Map , it would be most useful to people like Stuart I . Brown & Associates , and also to anyone who is looking at the Town , in terms of where properties are legitimately and currently developed at the level of R- 9 . At this time , Vice - Chairperson Langhans asked if anyone on the Board had any comments . Planning Board - 9 - May 2 , 1989 Robert Kenerson offered that the Town just rezoned the area where Mr . Niklas ' house , and where the strip is located , from MR to R- 9 . Mr . Niklas agreed that some of those properties were MR . Monty May stated that it seemed to him that the timing of this request is rather inappropriate , as the Town is looking at a new Comprehensive Plan , and a whole new look at what is happening on South Hill , adding that he thought it would be far more appropriate to wait . Mr . May said that he would have a great deal of concern about the time that the staff would have to spend on the request , as there is an awful lot of work in putting this together . Mr . Niklas commented that they are not requesting that this be rezoned immediately , they simply are drawing it to the Board ' s attention , in fact , the cover letter from Mr . Niklas , dated March 21 , 1989 , pointed out that they would like to have this as a collateral action with Phase I of the Comprehensive Plan . Mr . Niklas offered that he thought this was an appropriate time to consider this at the moment , because these parcels of land are developed at the level of R- 15 , yet , if one looks at the map , it is showing R- 9 , adding that he thought it is somewhat misleading . [ Letter attached hereto as Exhibit 1 . 1 Attorney Barney , directing his comment to Mr . Niklas , stated that he thought the problem was that there was a similar situation on Five Mile Drive with 40 - 50 parcels of land involved , and the Town felt that because of the size of the project it was really appropriate to have • an Environmental Impact Statement , which the Town staff did . Attorney Barney noted that an Environmental Impact Statement should be looked at , if not accomplished , for this request . Mr . Niklas responded that he saw the point and agreed that while not knowing the full amount of labor involved he could very well imagine , commenting that what he meant to say was that they were drawing the matter to the Board ' s attention now , so that when someone looks at the current map it is highlighted to see the properties , maybe unofficially , not as R - 9 but as R- 15 . Attorney Barney stated that , in terms of what Mr . Brown and his group come up with , obviously , they should look at the current use as opposed to what might have been planned . Mr . Niklas offered that all of the information regarding the request had been sent to Stuart I . Brown Associates . Mr . Niklas stated that at some point they would like the rezoning to be official , but they are certainly not trying to exert any pressure that it be done " immediately " , commenting , he was not sure what kind of timeframe would be appropriate . Mr . Niklas stated that he would like some sense of the timeframe that the Board thinks is legitimate . Mr . Kenerson , responding to Mr . Niklas , stated he would think that when there is a Comprehensive Plan , then there would be something to react to . Mr . May offered that the Town would know more when the consultant comes back with the information . Attorney Barney stated that the Comprehensive Plan is being done as openly , as publicly , as humanly feasible , and still accomplish something . Attorney Barney stated that he did not get a sense that there is any urgency in the sense that there is any proposed development coming in that would be utilizing the R - 9 configuration . Mr . Niklas replied that , if anything , the whole point is to validly represent the properties that Planning Board - 10 - May 2 , 1989 already exist , to future developers in the neighborhood , so that they can see where the current density and the future density on the subject plots of land would reflect on R- 15 , rather than R- 9 . Attorney Barney stated that any rezoning that occurs would not apply to previously platted lots . Mr . Niklas agreed with Attorney Barney . Mr . Niklas said that it is just the properties of the owners who have signed the petition that he is really concerned about , adding that they were not trying to influence , at least at this juncture , the zoning of pieces of property that are not represented by the owners on the petition , adding , it is an entirely democratic objective . Town Planner Susan Beeners stated that the subject area is one that does have some interesting environmental constraints . Ms . Beeners offered that there has been past correspondence related to possible wetlands , which actually are not mapped , but there are some drainage problems that run through the lower portions near Stone Quarry Road . Ms . Beeners stated that she thought it would be appropriate that this be something that does get tabled for the moment , and until it can be put into a work program for the Comprehensive Plan Phase II consideration . Ms . Beeners mentioned that there are some very interesting deer populations in there , including some Albino deer . Ms . Beeners offered that this is also an area which probably exemplifies established single and two - family homes near Ithaca College , commenting that it is an area where there are pressures related to occupancy and the needs of the student population . Ms . Beeners stated that she saw it as being one area that is very well recorded , not . only by this petition , but also by some of the comments that were received since August 1988 , which were related to a number of the natural areas , and how one would achieve some compatibility between the student housing and established areas . Mr . Niklas mentioned the Light Industrial zone area , which part of that property has now been purchased by Ithaca College , adding that the South Hill neighbors he has spoken to sort of feel that that zoning , at least officially , is peculiar , now that it is owned by the College . Mr . Niklas said that it is almost opposite the entrance to the College , adding that they would like to see some formal reconsideration of its zoning to adequately reflect how that property might be used in keeping with , essentially , a college community . Mr . Niklas remarked that he would like to go away with a feeling of what cue could they take to then come back to the Board with the petition . Attorney Barney responded that a good cue would be the legal notice of the Planning Board calling for a meeting , and keep an eye on the Comprehensive Planning system . Mr . Niklas said that he had formally requested a text that will be presented at the next public meeting from Stuart I . Brown Associates , and also requested that the text be available five working days before the public meeting , so that the neighborhood associations can read it , digest it , and attend the public meeting with information . Mr . May commented that there is a question whether the Board Members would have it five days before the meeting . Vice -Chairperson Langhans asked if there were any other comments . There being none , Vice - Chairperson Langhans declared the matter of the Planning Board - 11 - May 2 , 1989 proposed rezoning on Danby Road , West King Road , and Stone Quarry Road duly closed at 8 : 31 p . m . AGENDA ITEM : DISCUSSION OF PROPOSAL TO DESIGNATE FALL CREEK AS A NEW YORK STATE RECREATIONAL RIVER . At this point , Town Planner Susan Beeners referred to a draft letter , written by her and addressed to Mr . Thomas C . Jorling , dated May 2 , 1989 . [ Draft letter attached hereto as Exhibit 2 . ] Ms . Beeners stated that the letter ' s intent , basically , was saying that it was the Planning Board ' s consensus that it was a little premature for any kind of an endorsement of the application . Ms . Beeners said that if there were any modifications to the above -mentioned letter she would be glad to hear what they might be . Ms . Beeners stated that she would have the opportunity to take it to the Town Board on Monday , May 8 , 1989 . Mr . Kenerson wondered if it would come from the Town Board to the Commissioner , not the Planning Board . Vice - Chairperson Langhans offered that it could be done two different ways , there could be an endorsement of Ms . Beeners ' letter with revisions as the Board sees fit , or there could be a vote of the Board Members . Vice -Chairperson Langhans stated that there should be some sort of resolution endorsing the letter , so that it can be forwarded to the Town Board . Ms . Beeners noted that Margaret Fabrizio had contacted her today , May 2 , 1989 , and she has a few comments about possible other informational meetings . Ms . Fabrizio approached the Board and stated that what she was essentially asking for at the last meeting was not a yes or a no from the Board , but simply a designation of people who would be able to talk with the Fall Creek Conservation Committee about the issues , and report back to the Board . Ms . Fabrizio said that she wants to facilitate discussion , and again she stated that , although final boundaries are not set until after public hearing , this is the opportunity right now for public comment , as the FCCC sees it . Ms . Fabrizio commented that the FCCC was trying to be as open as possible with all the municipalities and the property owners involved . Ms . Fabrizio offered that , this week alone , there are several meetings scheduled , including one with residents in Forest. Home , Cornell University , and the League of Women Voters , commenting , after the scheduled meetings , FCCC will plan a major meeting that would involve representatives from all the municipalities , and . will be co - sponsored with the City . Ms . Fabrizio reported on another important piece of information , in that the FCCC has begun to investigate the possibility of eliminating , altogether , the interim boundary period , adding , it looks like it might be a workable idea , but it needs more research : Ms . Fabrizio stated that no Environmental Impact Statement is required , • commenting that she thought some information may have been given at the last meeting that SEQR was required . Ms . Fabrizio stated that , apparently , any act of the Legislature is not subject to SEQR , so Planning Board - 12 - May 2 , 1989 there would not be any additional significant waiting period , but it does have to go the 30 days after property owners have been notified , and it also has to be put into the Environmental Notice Bulletin , . adding , she has been informed by the DEC that those take care of the SEQR requirement . Continuing , Ms . Fabrizio mentioned the Comprehensive Town Planning in that , again , she wanted to mention the time constraint that the FCCC is working with . Ms . Fabrizio stated that the City has to begin construction of a Hydropower Plant by September 1991 , or their license expires , adding that she has been told by a City Planner that they need a lead time of at least 18 months , which would put them to March 1990 , when they would be deciding - yes we build , or no we do not build . Ms . Fabrizio said that this legislation could take some time to get just into the legislative process . Ms . Fabrizio stated that there is really a very serious time constraint , and asked that the Board recognize that . Ms . Fabrizio commented that , waiting for perhaps a year or more for the Comprehensive Plan to be in place would just be beyond the time to help the FCCC in terms of stopping development at Ithaca Falls . Ms . Fabrizio mentioned a brief note about hydropower . Ms . Fabrizio stated that , as everyone knows the FCCC started off with hydropower as their main objective , adding , at that time , they called themselves Citizens Against Hydropower at Ithaca Falls . Ms . Fabrizio • said that they are not against hydropower , but they believe that there are many other things that the City and the University could be doing . Ms . Fabrizio also stated that they think that not every natural resource is there for energy consumption , adding , five million dollars buys an awful lot of energy , and in terms of energy conservation five million dollars would buy twice as much energy as could be gotten from hydropower from Ithaca Falls , Ms . Fabrizio stated that , for the above reasons , the FCCC really feels that this is a valuable community resource , and it does not belong to the Town or the City , it belongs to the community . Ms . Fabrizio offered that there are a lot of people in the Town of Ithaca who support the designation . At this time , Ms . Fabrizio distributed copies of a memo to the Board Members . [ Memo attached hereto as Exhibit 3 . ] Mr . Lesser , directing his comment to Town Planner Susan Beeners , wondered if he understood correctly that most of the support for the Hydropower Plant was coming from several people on the City council . Mr . Lesser asked if there is any private interest any longer ? Mr . Lesser stated that he knew the City originally had taken the option to prevent private interests from becoming involved . Ms . Beeners responded that she could not really comment on that area , except that she has heard from some people that it was their opinion that this mechanism would not be something that would stop hydropower . Ms . Fabrizio stated that the FCCC has been told repeatedly by the DEC that this will effectively stop hydropower development , adding , obviously , the City , before they could possibly let their license expire , would need to have more technicalities worked out on paper . Ms . Fabrizio said that they would not be continuing their efforts if it would not Planning Board - 13 - May 2 , 1989 • stop hydropower development . Ms . Fabrizio , commenting on the relation to the people on the Council , stated that Ben Nichols had been a main proponent on the hydropower development , and he has since become convinced that most people in the City do not want to see hydropower . Ms . Fabrizio stated that they spent many months exploring other options to try and protect the site , and there simply are not any . Attorney Barney wondered who owned the Ithaca Falls . Ms . Fabrizio replied that Cornell owns most of the property down there . Ms . Fabrizio stated that the Town of Ithaca has the smallest segment , which is about 1 - 1 / 2 miles . There appearing to be no further questions or comments from the Board , Vice - Chairperson Langhans asked if anyone were prepared to offer a motion . MOTION by Montgomery May , seconded by Robert Kenerson : RESOLVED , by the Town of Ithaca Planning Board , that an endorsement of Ms . Beeners ' letter be sent to the Town Board for their action . There being no further discussion , the Chair called for a vote . Aye - Langhans , Baker , Miller , May , Kenerson , Smith , Lesser . • Nay - None . Ms . Fabrizio wondered if the Town Board would be the group to designate representatives . Attorney Barney responded that the Town ' s position , with respect to designation , would be that it would be a Town Board decision . Vice - Chairperson Langhans asked if there were any other comments . There being none , Vice - Chairperson Langhans declared discussion of the proposal to designate Fall Creek as a New York State Recreational River duly closed at 8 : 40 p . m . AGENDA ITEM : PLANNING DEPARTMENT REPORT Ms . Beeners , commenting on the Comprehensive Plan project , stated that it is expected Mr . Brown would be scheduling a meeting with the Comprehensive Planning Sub - Committee sometime during the last two weeks of May 1989 . Ms . Beeners reported that Mr . Brown and Mr . Brand are still waiting for the minutes from the last two sub - committee meetings , even though she had assured them there was not anything new covered . Ms . Beeners mentioned that all the Board Members had received an invitation to a " Charette " session on South Hill presented by Auble Homes . Ms Beeners offered that a " Charette " is an intensive work session . Ms . Beeners offered that it is intended to be a work session • combination data and information session , where input from many , many _ people in the community , including the various boards of the Town , is to be sought . Ms . Beeners stated that , from her perspective , she Planning Board - 14 - May 2 , 1989 would like to stress that any comments coming out from that kind of a " Charette " , any kinds of informal endorsements of ideas or whatever , by representatives of the Town , should not , in any way , represent a commitment , commenting , Auble Homes would have to go through the whole public hearing process for anything that they want to do , and the " Charette " should not be anything that would undermine that . Ms . Beeners , reporting on the student assistance this semester , stated that the Planning Department has a Grad student who is interested in working , actually , in looking at Fall Creek , as well as Cascadilla Creek , Ms . Beeners noted that the student is interested in taking a look at what the features / land use environmental constraints are along through that area , and also looking at what possible different kinds of conservation mechanisms there would be . Ms . Beeners stated that the Planning Department considers that somewhat timely with discussions about the Fall Creek area . Ms . Beeners stated that the Town Board would be the Board , hopefully , that would authorize the employment of the graduate intern . Ms . Beeners offered that this will not be a Cornell Tradition condition , it would be another type of . a thing where there would be matching funds from Cornell . Assistant Town Planner George Frantz offered that it is a Graduate Summer Fellowship , whereby Cornell will be contributing $ 1 , 000 . 00 , the Town will be contributing $ 1 , 000 . 00 , and it will be for a 10 -week period , 20 hours per week on the part of the student . Mr . Frantz stated that it is not a fulltime or full summer job , but the Planning Department thinks it is enough of a chunk of time that something could be accomplished . Mr . Kenerson asked about the creek analysis . Ms . Beeners stated that the creek analysis of various ones in Ithaca was proposed to be the basic essence of the student study . Ms . Beeners commented that it also has some applications to any additional natural land regulation that might be placed . Ms . Beeners offered that , additionally , the Planning Department would also have a Cornell Tradition Undergrad who would be helping the Planning staff carry on with the Comprehensive Planning efforts . Mr . Kenerson wondered if the staff was using students to create maps . Ms . Beeners responded that Mr . Frantz had been very helpful in selecting a Landscape Architect student who has a good amount of experience and excellent graphics , adding , the student should be able to pull together all the maps that are upstairs in the corner . Mr . Kenerson wondered when the aerial was going to be put back up in the Board Room . Ms . Beeners responded that that is a project that Michael Ocello is working on . Mr . Kenerson wondered if there was anything in the works for the Planning Board to have a non - working session sometime . Ms . Beeners replied that she would go along with whatever the Board directs . Vice - Chairperson Langhans stated that she thought the Stuart I . Brown presentation would be a whole meeting in itself . Ms . Beeners stated that it would be nice if the Board could have one of the two meetings a month not be devoted to project issues . Ms . Beeners stated that there are some legal constraints involved when an application is • submitted , as to the timeframe for acting on it . Planning Board - 15 - May 2 , 1989 • Mr . Lesser , directing his comment to Ms . Beeners , wondered if she had any perception about how rapidly development is likely to proceed on some of the approved subdivisions . Mr . Frantz replied that the number of building permits issued this year would be the best indication of development . Mr . Frantz offered that there was quite a decrease in the number of actual building permits issued for homes in 1988 , adding that he thought in 1987 it was in the vicinity of 180 dwelling units , because it includes Multiple Residence , adding , in 1988 it was 130 or 135 . Vice - Chairperson Langhans offered that Mr . Lucas , of the Indian Creek Retirement Community , stated that he was not going to break ground until he sees what the needs are . Ms . Beeners offered that there was an interesting situation on rezoning applications . Ms . Beeners mentioned the Kyong proposal in that there will have to be some kind of decisions made and Mr . Brown , the Planning Consultant , would recommend on determining the need for commercial development on West Hill . Ms . Beeners mentioned the rezoning application of Mrs . Rumsey on East Buttermilk Falls Road . Ms . Beeners stated that Ms . Rumsey has requested that the Quonset Hut , where the Cable Craft Co . is at the present time , plus her Bed and Breakfast , the two properties which adjoin the Buttermilk Falls parking lot , be rezoned to Business . Ms . Beeners commented that , right now , the application is not complete enough for her to do anything with it , adding that there has also been some interest from Eddydale Market . Ms . Beeners stated that the Town is enforcing zoning as best they can with a rather ragged staff . Mr . Lesser commented that the Cornell University future parking plans make mention of 500 car spots somewhere near Judd Falls Plaza . Ms . Beeners replied that she had told Cornell if they wanted to build this summer they had better come in and get on the docket . Ms . Beeners said that she has not seen the plan , she has only heard it , as it has been somewhat publicized at different times . Ms . Beeners stated that it is proposed as a 500 -car parking lot to the north of East Hill Plaza , and right behind the Eastern Artificial Insemination building . Ms . Beeners noted that when she had talked with Mr . Wendt , Director of Transportation , at Cornell University , they were trying to decide whether the entrance should be off Judd Falls Road opposite Maple Avenue , or connected into Summerhill Lane , adding that she thought the Maple Avenue entrance was preferred . Vice - Chairperson Langhans stated that she thought it would be best to have two entrances , otherwise it would be an awful log jam . Mr . May offered that 500 cars , plus the busing , would certainly affect the Ellis Hollow elderly housing . Vice - Chairperson Langhans mentioned the north / south connector in that right now it is going down Caldwell Rd . , and then branching off . . . Mr . Kenerson interjected that Caldwell Road does not solve anything ; one has to reserve the integrity of a place like Forest Home . Ms . Beeners stated that she had suggested to Cornell , City , and County planning staff , that , perhaps , it would be worth trying to • encourage the County Reps , and other representatives , to carry on the momentum that the transportation survey started , where there was a joint funding of a consultant to do the travel survey , commenting Planning Board - 16 - May 2 , 1989 • that , perhaps , there could be some kind of joint funding of a consultant to look at all of the routes , such as the environmental assessment needed , and the social implications , etc . Mr . Lesser mentioned the traffic patterns of the parking lot . Ms . Beeners responded that Mr . Wendt , of Cornell University , will be advised on May 3 , 1989 that the request is a Special Approval Use , and will require both Planning Board and Zoning Board of Appeals approval . PUBLIC HEARING : CONSIDERATION OF APPROVAL OF MODIFICATIONS OF LOT DIMENSIONS WITH RESPECT TO TOWN OF ITHACA TAX PARCELS NO . 6 - 54 - 4 - 15 , - 16 . 1 , - 16 . 2 , - 17 , - 181 - 19 , - 201 - 211 AND - 221 LOCATED IN THE AREA OF KENDALL AVENUE , WITH SAID LOTS ORIGINALLY PLATTED IN THE NAME OF THE LANDS OF THE ITHACA LAND COMPANY , AS FILED IN THE OFFICE OF THE TOMPKINS COUNTY CLERK ON JULY 12 , 1895 , AND WITH SAID LOTS PROPOSED TO BE MODIFIED AS SHOWN ON MAP ENTITLED " BOUNDARY SURVEY MAP , KENDALL AVENUE AREA " , BY JOHN S . MACNEILL JR . , P . C . , DATED APRIL 20 , 1989 . LOUIS BONANNI JR . , J . & L . BUILDERS , JAMES HILKER , RALPH THORPE , MICHAEL AND ELEANOR WINSHIP , PAMELA E . SACKETT , AND LAWRENCE E . IACOVELLI AND JOHN ELMO , JR . , OWNERS ; PAMELA AND STEPHEN SACKETT , AGENTS , Vice -Chairman Langhans declared the Public Hearing in the above - noted matter duly opened at 9 : 15 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Ms . Pamela Sackett addressed the Board and introduced Mr . Willis • Hilker as one of the adjacent property owners , along with one of the other property owners , Mr . Louis Bonanni Jr . Ms . Sackett stated that , basically , the situation is that there are a number of lots on Kendall Avenue , and [ indicating on map ] added that she used to own " this " house right " here " . Ms . Sackett commented that actually she owned all the land between " here " and here " . Ms . Sackett said that she had her property surveyed a number of years ago , commenting , each time there was a fifty - foot lot it was surveyed , adding that last summer she decided to sell her old home and divide the middle lot in half , at which time she came before the Planning Board , noting that 25 feet was added to each side . Ms . Sackett stated that , after she sold the home , and just after constructing her new home , another survey was done , not by the company she used , which is MacNeill , but done by Miller , who is , or was , the Town surveyor . Vice - Chairman Langhans responded that she did not think Mr . Miller was ever the Town surveyor . Ms . Sackett stated that Mr . Miller prepared a survey map for the Town in 1979 , which Susan Beeners , Town Planner , had showed to her and was in the Town files . Ms . Sackett said that the Miller survey showed stakes for the roadway for the extension of Kendall Avenue . At this point , Mr . Hilker appended a map of the Kendall Avenue area to the bulletin board . • Vice -Chairman Langhans wondered if Ms . Sackett was saying that T . G . Miller just re - surveyed the lot next door , and while they did that they put up stakes for the road . Ms . Sackett answered , no , those Planning Board - 17 - May 2 , 1989 stakes were put up a long time ago , adding that she did not know whether that was about the same time when the water and sewer was put in down through " here " . Ms . Sackett stated that some discrepancy came about , and at that time , Miller and MacNeill got together and tried to work it out , commenting that probably Mr . Hilker could explain it better , so that she was not misrepresenting anything . Mr . Hilker stated that when the Miller survey was done for the Town it did not match up to the MacNeill survey , adding , a representative from MacNeill said that he had not had the railroad right - of -way maps to review , and consequently the survey maps did not match at that time . Mr . Hilker noted that Miller and MacNeill got together and determined where the railroad right - of -way and the road were located , which keeps all the lots the same . Mr . Hilker offered that when Miller did it , all the lot lines stayed the same on the west side of the road , and when Kendall Avenue was surveyed in , it made a difference in the length of the lots that are before the Planning Board tonight . Mr . Hilker remarked that , in making them longer , they become larger lots , but it makes them a little shorter on the frontage by 3 - 5 inches . Mr . Hilker stated that , at the original set- back of the plat that was prepared by the Ithaca Land Development Company , there is still the same amount of feet . Ms . Sackett interjected that it is due to the radius of " this " road that make the lots narrower and longer . Ms . Sackett said that Mr . Stockwood , an associate of Mr . MacNeill , found all the monuments , whether they be railroad or by Miller , that were set for the road , noting , he was just following those things , and , actually there is more footage in the lots , so they are really bigger lots . Indicating on map , Ms . Sackett commented , if one wants to take " this " point right " here " and bring " these " back , they still would be 50 - foot wide lots . Ms . Sackett said that the concern was that all the other people down through " here " have a grandfathering clause that indicate " these " lots are legal lots for building . Mr . Bonanni stated that the footage is a little greater in the back , from the proposed road site , back , and to the end of the lot , there is a difference of probably 19 feet in depth . Ms . Sackett stated that , if that line were taken right across , they would still be 50 feet wide . Ms . Sackett stated that she was still affected because she had - originally given " these " people a deed , but there is some confusion now , with all the other stuff going on , that perhaps she has not given them something proper . Ms . Sackett [ pointing to map ] stated that it is really affecting everybody from " here " on down . Ms . Sackett stated that it does not really affect Iacovelli , and did not exactly know why his name was on the Notice of Public Hearing , Mr . Hilker stated that the reason for appearing before the Planning Board was because , if title were to be transferred to the lots as platted , then nothing matches surveys any more , as they have already started using the survey of Kendall Avenue on the Miller map as the boundaries . Attorney Barney wondered where that was happening , with Mr . Hilker responding that Iacovelli is set to that map . Attorney Barney wondered if the Miller map was ever filed at the • Tompkins County Clerk ' s office . Mr . Hilker answered , evidently not , but that is where the surveys are being used now . Attorney Barney stated that he did not think so . Mr . Hilker stated that Miller is the Planning Board - 18 - May 2 , 1989 main survey in the area , and he has it staked out , and they are all using it . Attorney Barney commented that they may be using the survey , but they are not using this road survey . Attorney Barney noted that this map is a preliminary map , marked preliminary , and was prepared for the Town back in 1977 , which was at the time the Town was looking at what they were going to try and do with respect to Kendall Avenue and Pennsylvania Avenue in terms of paving , etc . , because they are unopened roads at this juncture , adding , nothing further ever occurred , the map was never , to his knowledge , finalized , commenting , to say there is a conflict between the Miller map and the MacNeill map is not quite accurate , because the Miller map , until it is signed , sealed and delivered , is not really a valid map . Mr . Hilker responded that he agreed with Attorney Barney , but Miller has that map in their files , and they understand that those are the monuments that are correct , adding , whenever they do a survey they go through those monuments now . Robert Kenerson commented that the map was being treated as an official map , with Mr . Bonanni remarking , if that is the case , then when the Town goes to pave it they will be off - grade , with Attorney Barney noting that that is entirely another discussion . Mr . Hilker offered that what it boils down to is that Miller recognizes those monuments on that preliminary map as the actual monuments , and where things should be , adding that when they do surveys it is done to those monuments , regardless of the map . Monty May commented that he did not see how they do that if there are deeds . Mr . Hilker remarked that deeds do not give metes and bounds . Attorney Barney , directing his comment to Mr . May , stated ° that the deeds go back to the 1895 map , noting that most of the deeds are Lots # 101 , # 203 , etc . Mr . Hilker stated that one could deed by lot number yet , but if one deeds by lot number , and someone else deeds by the survey , then there would be a court case . Vice - Chairman Langhans asked what MacNeill used . Ms . Sackett answered that they came back and took the monuments that Miller used . Ms . Sackett offered that that is what the map is all about . Ms . Sackett noted that all of us through [ indicating on map ] " here " are happy to accept this , and ready to sign an agreement , but no one will sign it , because they do not want to lose the grandfather clause . Ms . Sackett stated that , presently , " these " are building lots and the residents do not want to lose that right . Mr . Hilker stated that everyone wants to straighten out a discrepancy that he felt would cause trouble for • years , and if it is not staightened out , then eveyone knows and when someone buys a lot they know what they are buying . Mr . Hilker remarked that , as it stands right now , there are two standards on that area . Robert Kenerson stated that it sounded like a legal problem to him . Ms . Beeners wondered if Mr . Hilker had checked with Mr . Stockwood , from MacNeill , about Note 1 indicated on the survey . Ms . Sackett responded that she had called him and he said that he got it from Miller ' s office , noting that she then called Miller ' s office and he said - what they do is give the customer a survey , and it is up to the customer to file it in the Court House , Ms . Beeners inquired as to how Mr . Stockwood could write that it is a • filed survey map . Mr . Hilker answered that that is erroneous , but that was from Miller ' s office . Mr . Kenerson mentioned that it is not filed in the Clerk ' s office . Ms . Sackett offered that it is just like Planning Board - 19 - May 2 , 1989 when she gets a survey made - she does not have to file it with the Town if she does not want to . Mr . Hilker said they are waiting to make sure that everything is agreeable , before they do the final . Mr . Kenerson mentioned maintaining the grandfathering of the 50 - foot lots . Ms . Sackett stated that , again , it is just a matter of a few inches per lot , yet , even though it is just a few inches , the lots have still gained in size . Mr . Kenerson mentioned having a saleable piece of property , which they do not have . Mr . Hilker responded that they do , but it would have to be on the old plat , adding that that does not make sense , since the plat has already proven to be erroneous . Ms . Sackett stated that she did not feel this was a a legal matter , because all the involved parties agree . Mr . Kenerson stated that the solution has to be done through recordings , etc . Mr . Hilker stated that they were told they had to get the approval of the Planning Board to make the change . Ms . Sackett offered that they have a lawyer who is going to write up the agreement , and it will be filed . Board Member Smith remarked that it was being matched with the Kendall Avenue right - of - way , which is official , commenting that he thought it would be easier to change the right -of - way , with Mr . Hilker noting he would not disagree with that . Ms . Sackett stated that either way they are happy , as long as they can keep the grandfathering clause . Mr . Hilker stated that there is a space about " this " big between the platted lots and the right - of -way that tapers to nothing as it goes up to " that " end , noting that that is where the problem is . Mr . Hilker stated that there is a slight skewing of " these " ' lot lines here , which • varies ininches . Vice -Chairman Langhans noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Vice - Chairman Langhans closed the Public Hearing at 9 : 45 p . m . and brought the matter back to the Board for discussion . Attorney Barney wondered what the 8 . 2 dimension was on the west side of Ms . Sackett ' s first lot . Mr . Hilker responded that there is a space on it between Iacovelli ' s and Sackett ' s property of approximately 8 feet , which , according to any survey , belongs to no one , adding , what happened was , in order to keep the lot lines coinciding with what was already there on the original plat , it ended up with an extra 8 feet , which can be deeded over , or agree that Iacovelli gets it or , with Ms . Sackett interjecting that is only until after the subject matter is taken care of , as she needs the 8 feet , if that does not work . Mr . Hilker stated that , if no one wants to claim that , and if Iacovelli wants it after this is filed , he can have it , noting , if this is not agreeable , then Ms . Sackett has to keep it with her property . Mr . Kenerson inquired as to what should be done in this matter . Attorney Barney , directing his comment to Ms . Sackett , noted the map that was brought in for the subdivision a year or two ago , and asked , where does it show the line between your property and the Iacovelli property . Ms . Sackett [ pointing to the map ] noted that it actually • would be the light colored line , and at the present time , she owns the _ 8 feet . Attorney Barney , referring to the Winship parcel , wondered if , at the time of the subdivision , that was part of Ms . Sackett ' s Planning Board - 20 - May 2 , 1989 0 land , with Ms . Sackett responding that she owned all the way from [ indicating on map ] " that " point to where Iacovelli owns . Ms . Langhans wondered if Ms . Sackett owned the Winship lot , with Ms , Sackett answering , no . Ms . Sackett said that her survey has always been the [ pointing to map ] " dark " lines , but according to the Miller survey it is the light lines , and her lot should be shifted over 6 - 8 feet . Ms . Sackett remarked that she was correct with the present map , which she had presented to the Board in 1988 . Attorney Barney , referring to the subdivision , wondered if anything would be done to take care of the 8 - foot discrepancy . Ms . Sackett responded , if everyone agrees that the dark lines are her lines , then Lawrence Iacovelli and she would get together and deal with [ pointing to map ] " this " part right " here " , or else give it to Lawrence , whichever way is proper , once we have agreed to this . Attorney Barney stated that the problem he has , right now , is that Ms . Sackett is asking the Planning Board to approve a plan which is going to create an 8 - foot lot . Ms . Sackett wondered if the 8 feet would go to Lawrence , with Attorney Barney answering that he did not know . Attorney Barney noted that the problem was that Ms . Sackett was showing a map with an 8 - foot strip of no -man ' s land on it , adding that he thought that should be resolved , either Ms . Sackett ' s lot gets larger or . . . Ms . Sackett interjected that what she and Lawrence would like to do is to actually split it , commenting that she does not care if he gets the whole thing , adding , she meets code just the way it is , with the 175 feet and approximately 120 feet deep . Attorney Barney wondered what was • going to happen with the rest of Kendall Avenue that has not yet been paved . Mr . Hilker stated that Orson Ledger has his lawyer drawing up an agreement concerning the expenses of the abutting property owners . Ms . Sackett said that she does not know anything about it , as she does not own past the pavement any more . Mr . Hilker stated that he thought that had been in the mill for some time , commenting that he thought Ms . Beeners had been informed . Ms . Beeners stated that there have been occasional inquiries about building a road , and noted that her recommendation , every time , has been to go by Town Law , and submit a petition . Mr . Hilker said that the petition should have been drawn up months ago , and it has been dragging , but that is another issue entirely . Mr . Hilker noted that the intention was to get those roads in . and done like they should be , adding , it should have been done years ago . Ms . Beeners stated that the road construction aspects are something that are rather detached or divorced from what is being looked at tonight . Vice - Chairman Langhans remarked that , if they go ahead and have this agreement to go by this , then the road line is more or less set . Mr . Hilker noted that it is to where T . G . Miller states the road line should be . Vice - Chairman Langhans said that , effectively , the line is being set for the road . Mr . Hilker said that it is established on the preliminary map . Mr . Bonanni stated that this would be the same as what they proposed right " here " , because this is what is being discussed . Mr . Kenerson commented this should be resolved , with Mr . Hilker agreeing , because if it is not , then there would be variances and changes involved . Mr . Hilker noted that they were not in violation . Vice - Chairman Langhans stated that • perhaps this might be the time to expedite the platting of the road , or concur that where T . G . Miller has the marks that that is where the road is going to be , because once one changes all the lots , then it is Planning Board - 21 - May 2 , 1989 pretty well set that that is where the road is going to be . Mr . Kenerson stated that , if deeds were drawn , then it is fixed . Vice - Chairman Langhans stated that , from an engineering standpoint , she did not think it would change that much . Attorney Barney , directing his comment to Vice - Chairman Langhans , offered that what can . be done , if Vice - Chairman Langhans was so inclined , is approve the modification of the Ithaca Land Company Map , as to " these " lots shown [ indicating on map ] " here " , adding that he and Ms . Beeners had discussed it , and there were some conditions they thought should be in before the course of resolving the issue . Vice - Chairman Langhans wondered if it was too early for a resolution , with Attorney Barney responding , no , the resolutions have the conditions built into them . Mr . Kenerson stated that he could move the SEQR . There appearing to be no further discussion or comments from the Board , Vice Chairman Langhans asked if anyone were prepared to offer a motion . MOTION by Mr . Robert Kenerson , seconded by Mr . Montgomery May : WHEREAS : 1 . This action is the Consideration of Approval of Modifications of lot dimensions with respect to Town of Ithaca Tax Parcels No . 6 - 54 - 4 - 15 , - 16 . 1 , - 16 . 2 , - 17 , - 18 , - 19 , - 20 , - 21 , and - 22 , • located in the area of Kendall Avenue , with said lots originally platted in the name of the Lands of the Ithaca Land Company , as filed in the Office of the Tompkins County Clerk on July 12 , 1895 , and with said lots proposed to be modified as shown on map entitled " Boundary Survey Map , Kendall Avenue Area " , by John S . MacNeill Jr . , P . C . , dated April 20 , 1989 . 2 . This is an Unlisted action for which the Planning Board is legislatively determined to act as Lead Agency for environmental review of the proposed modifications . The Zoning Board of Appeals is legislatively determined to act as Lead Agency in any possible variances with respect to the proposed modifications . 3 . The Planning Board , at Public Hearing on May 2 , 1989 , has reviewed the application submissions for this action . THEREFORE , IT IS RESOLVED : That the Planning Board , acting as Lead Agency in the environmental review of the proposed plat modifications , make and hereby does make a negative determination of environmental significance . There being no further discussion , the Chair called for a vote . Aye - Langhans , May , Baker , Kenerson , Lesser , Miller , Smith . • Nay - None . The MOTION was declared to be carried unanimously . Planning Board - 22 - May 2 , 1989 William Lesser wondered if this would affect other lots , or is this issue just limited to this particular group of lots represented here . Attorney Barney stated that , as he indicated , it does affect the Iacovelli - Elmo lot , and the lines , as shown on the map , now create an 8 - foot no-man ' s land , adding , one of the conditions in the proposed resolution is that the Planning Board be provided with a revised map that goes one lot farther over to Iacovelli , picks it up and shows what the new boundary on that is going to be . Ms . Beeners stated that , with the understanding , though , that there is this survey map of the portion of the Iacovelli - Elmo land . Ms . Beeners noted that , right now , Iacovelli - Elmo parcel is 6 or 7 of the former lots . Attorney Barney remarked that all one needs to worry about is the lot immediately next door , which would be the one that . . . Ms . Sackett interjected and wondered if the Board wanted it attached to one great big map . Attorney Barney replied that it should be on one map , but it could be shrunk a little bit , as 120 is a pretty large scale . Mr . Hilker commented that he thought one of the conditions would be that they had the agreement between them , and the agreement includes that strip to be given to one or the other , or split , whichever the case is . Attorney Barney responded that he did not think the Board cares , but it should be attached to one lot or the other . Mr . Hilker agreed with Attorney Barney . Vice - Chairman Langhans mentioned getting rid of that 8 - foot strip and incorporating it some way or other into the adjoining lot . Ms . Sackett commented that Lawrence Iacovelli telephoned her a couple of nights ago , and he seems to be happy with • what is being done . Mr . May wondered if a motion was in order . Mr . Hilker asked Mr . May if he was going to read the proposed resolution . Mr . May replied yes , with Mr . Hilker stating that he has not seen it . Mr . Hilker was supplied with a copy . Mr . Hilker stated that they need something that states .that this change would not interfere with the grandfathering of the lots . Attorney Barney inquired as to what grandfathering , and what lots . Mr . Hilker commented that they were grandfathered to be buildable lots now . Attorney Barney noted , if this plan is approved , they are buildable lots , period . Mr . Hilker wondered , under which regulations , the current regulations or the regulations that have existed ? Attorney Barney noted that under the regulations one has to conform with all the regulations . Mr . Bonanni wondered if the grandfathering clause would be affected . Vice -Chairman Langhans stated they would not have the width , and instead of 50 feet , it would be 49 . 5 feet . Ms . Sackett stated that it was her understanding that the ZBA does not want to see them , as they feel the Planning Board can handle it . Attorney Barney stated that the lot is 50 feet , which is already a sub - standard lot , and reducing the frontage , not very much , but nevertheless , it is 37 / 100th of a foot , adding , that now is , basically , a change in a non - conforming use which requires the ZBA approval . Attorney Barney remarked that he did not think that there would be a terrible difficulty in getting their approval , but , obviously , he cannot commit the Board to what they would do . Attorney Barney noted that , legally , Ms Sackett would have to appear before the • ZBA . William Lesser wondered what happens if approval is not granted by the ZBA . Attorney Barney responded that the subject resolution , which is conditioned on that , is no longer valid and -they are back to Planning Board - 23 - May 2 , 1989 the original grandfather clause , and also back to the original dimensions as stated on the Ithaca Land Company map . Mr . Lesser commented they would be no worse off than they are . Ms . Sackett stated that she would be worse off , at that point , if that is not done , because the Winships claim that she has not given them something proper , and because of T . G . Miller ' s survey , part of her driveway will be owned by Mr . Winship . Indicating on map , Ms . Sackett pointed out the driveway by the shaded house , commenting , it is not exactly where it really is on the map , adding that her driveway is really right along " this " line . Ms . Sackett said that if this is not agreed to , then she has to take that extra footage for herself , which means she has to have an excavator come back in , and move everything over five feet in the front , and 8 feet in the back . Attorney Barney wondered , if Ms . Sackett ' s line goes over , would Mr . Winship ' s line also shift over six feet , and would there be a problem with zoning and a few other things , if , in fact , the fine runs through the corner of his house . Ms . Sackett responded , yes , the line would run through the corner of his house , but that is not the thing he is complaining about , he is complaining . . . Attorney Barney suggested that someone go back to Mr . Winship and suggest that if he really wants to make a federal case out of it , he might have to move his house . Ms . Sackett replied that that is true , adding , his lawyer does not think he is terribly bright in this either , but , basically , that is what he is complaining about . Ms . Sackett said that she just sold a house [ indicating on map ] " here " , but she had to put a large sum of money • into escrow to tell the people who are buying " this " house from her that she was sure that this would all go through , commenting that she thought Attorney Coleman had discussed the matter with the proper officials of the Town . Ms . Sackett said that Mr . Winship put an affidavit against the deed on " this " house , which puts a blot on the title , and in order for her to sell it she had to put a large sum of money into escrow , commenting , if this does not go through , either with the Planning Board or the ZBA , then she has to pay for an excavator to come in , a new survey to be done - if she uses T . G . Miller it will cost about $ 1 , 000 . 00 to get the 8 feet over " here " . Attorney Barney commented that it seemed to him that Ms . Sackett has recourse against a lot of people , not the least of which is the surveyors that are arguing about this . Ms . Sackett agreed with Attorney Barney , but commented on how the courts work , which may take years , and she does not have a lot of money . Attorney Barney suggested that , as far as the Planning Board is concerned , they can approve or not approve it as they see fit . Attorney Barney said that in a modification of a subdivision it is his legal advice to the Planning Board that the ZBA needs to consider the dimensional variation on the frontage . Attorney Barney commented that , whether Ms . Sackett did everything according to hoyle when she bought and sold is not the Town ' s problem , the Town ' s problem is now to do what they need to do in accordance with their own regulations . Ms . Sackett stated that she did everything she was supposed to . Ms . Sackett said that the thing that really drives her crazy is that every • time she got a lot she went and had a survey , paying a couple of hundred dollars each time , and then when she sold the house she had to do another survey . Attorney Barney stated that he felt the sense of Planning Board - 24 - May 2 , 1989 the Planning Board is that they should deal with it the way they would deal with any similar issue . At this point , Mr . Hilker , referring to the proposed resolution , asked for an explanation of condition " d " . Attorney Barney replied that the only thing the Board seems to have is the old Ithaca Land Company Map , and noted that Kendall Avenue , to a point , has apparently been paved down to Ms . Sackett ' s property , and , obviously , from that point out it has been used as a public road , but there is no deed or title , or anything other than the fact that the map has simply been platted . Mr . Hilker wondered where it would come from , with Attorney Barney noting that his initial reaction is that it would come from the Ithaca Land Company , but Ithaca Land Company is probably long since defunct , and it is just , quite frankly , something that has to be looked into and find out who has it , and if no one has it , then it is probably the Town Board ' s decision as to whether they want td exercise some eminent domain rights to clarify the title on it . Mr . Hilker stated that he sort of felt that they have already exercised those by virtue of having put the water and sewer in there . Mr . Kenerson offered that there should have been something done at that time . Mr . Hilker said that the water and . sewer is already there , and that could not have been done without exercising those rights . Attorney Barney remarked that it depends , as he did not know what the basis for that was , as he was not there . Attorney Barney stated that they could have gotten easements from the people who own the lots . Mr . Hilker said • that the lots do not go into the road right- of -way ; there are no easements there . Ms . Sackett offered that the water was not on her property ; it was on the outside . Attorney Barney wondered , with the extension of the lots , would it pick up the water and sewer ? Ms . Sackett answered that it maybe would pick up the water , but not , the sewer , the sewer is definitely in the middle of the road . Mr . Hilker offered that the lots never encroached , even on the original map , onto the road right - of -way , they always sold by lot , not by center of road . Attorney Barney said that a subdivision is being created , and they want buildable lots ; the law says that one cannot build unless it is on a road , adding , we do not know that the lots are on a road , because we do not have title to that road ; all we have is a map from 1895 , which shows a road being there , and the reason for the condition being put in the approval today , is because this Planning Board cannot say - we grant you the right to subdivide and sell those lots unless we are satisfied , or we delegate to somebody who will satisfy themselves that there is title that exists for that road . Mr . Hilker replied that he understood that , but the thing that bothers him is getting easements from the property owners ; they do not have anything to give , because they never had anything in the road . Attorney Barney stated that he said that , in reference to the water and sewer lines , he did not know what Walter Schwann or what the Town did back in 1950 , or whenever they put the water and sewer lines in , if indeed , they put them in the roadway , which he does not know that they did for a fact , or how they got title to it ; there very well may have been somebody around at that time that could give title for the Ithaca Land Company , there may have • beenpeople that gave easements from the lot owners ; he does not know what they did , adding , he cannot sit here and tell this Planning Board , today , that there is a clear title here , or that the Town owns Planning Board - 25 - May 2 , 1989 this unopened road . Attorney Barney stated that he did not think the Town does , he does not think there is anything of record that gives it to them , in which event the mechanics have got to be worked out as to how to deal with it , and that is a Town Board issue , not really a Planning Board issue , adding , that is . why if they approve it , if they choose to , it is subject to condition " d " . Mr . Hilker , referring to condition " e " in the proposed resolution , mentioned that as it stands now , other roadways similar to this have been given building permits on open roads , because it is a grandfathering clause , commenting , " e " would disenfranchise them from that same provision that has been given to other subdivisions in the Town , adding , this is the one thing that we ask not to be taken away - - the grandfathering that is on the lots at the present time . Attorney Barney responded that he did not think there was grandfathering to the extent that one can build on it , unless there is a dedicated road . Mr . Hilker said that in the exact same situation , building permits have been issued on one other subdivision that he knew of . Mr . Hilker offered that the subdivision is up toward the Ulysses Town line . Mr . Hilker stated that he does not know the name of the subdivision , but it is noted in a letter he has , which is at home . Mr . Hilker noted that the developer of the subdivision had appeared before the Planning Board , and authorization was granted to build on those lots . Attorney Barney replied that there is a variance procedure that one can go through under Town Law Section 280 - a , adding , Mr . Hilker would have to go through that same variance procedure now in order to build . Attorney Barney noted that • Mr . Hilker is asking for a modification to a subdivision , and does not think that can be done , as there is a problem with the road , and the problem has to be addressed , commenting that people should be put on notice that one cannot build on what is , basically , an unimproved road . Mr . Hilker stated that that is exactly what he means ; they can come __ be_fore the Board on a road that has not been improved and ask for that variance from the ZBA , with Attorney Barney noting that that was correct . Mr . Hilker mentioned that when something goes on record that that cannot be done , then that probably prohibits the granting of the variance , as he has , seen these things before , in that five years from now it is misinterpreted as to what the intent was . MOTION by Mr . Montgomery May , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Approval of Modifications of lot dimensions with respect to Town of Ithaca Tax Parcels No . 6 - 54 - 4 - 15 , - 16 . 1 , - 16 . 21P - 17 , - 18 , - 19 , - 20 , - 21 , and - 22 , located in the area of Kendall Avenue , with said lots originally platted in the name of the Lands of the Ithaca Land Company , as filed in the Office of the Tompkins County Clerk on July 12 , 1895 , and with said lots proposed to be modified as shown on map entitled " Boundary Survey Map , Kendall Avenue Area " , by John S . MacNeill Jr . , P . C . , dated April 20 , 1989 . • 2 . This is an Unlisted action for which the Planning Board is legislatively determined to act as Lead Agency for environmental review of the proposed modifications . The Zoning Board of Planning Board - 26 - May 2 , 1989 Appeals is legislatively determined to act as Lead Agency in any possible variances with respect to the proposed modifications . 3 . The Planning Board , at Public Hearing on May 2 , 1989 , has reviewed the application submissions for this action . 4 . The Planning Board has , on May 2 , 1989 , made a negative determination of environmental significance for the proposed modifications . THEREFORE , IT IS RESOLVED : That the Planning Board grant and hereby does grant Approval to the proposed modifications as presented , subject to the following conditions : a . Submission of an amendment to the above - referenced " Boundary Survey Map , Kendall Avenue Area " showing the Iacovelli - Elmo property , for approval by the Town Attorney . b . Submission of a property owners agreement accepting the plat as shown , suitable for recording in the Office of the Tompkins County Clerk , for approval by the Town Attorney . c . Granting of any variances or authorizations , if required , by the • Zoning Board of Appeals . d . Approval by the Town Attorney of the existing status of title to the portions of Kendall Avenue adjacent to the involved lots , or , if the Town Attorney determines title is insufficient , conveyance to the Town of Ithaca of such portions of Kendall Avenue by appropriate instruments of title . e . Subject to the provisions of Town Law Section 280 - a and other applicable laws and regulations , no building permits shall be issued for construction on any of the involved lots without road frontage until road title status is clarified , and until the necessary roadway is constructed and approved for dedication to the Town . f . Amendment of the proposed boundary survey map to show the dimensioned width of the road , prior to signing of the map by the Planning Board Chair and prior to filing of said map in the Office of the Tompkins County Clerk . g . Amendment of Note # 1 on said boundary survey map to delete reference to the Miller map as being filed . h . Correction of Note # 2 on said boundary survey map to refer to the correct date of the Carl Crandall map entitled " A portion of D . L . & W . Railroad Lands - South Hill at Ithaca , N . Y . " There being no further discussion , the Chair called for a vote . Planning Board - 27 - May 2 , 1989 • Aye - Langhans , May , Baker , Kenerson , Lesser , Miller , Smith . Nay - None . The MOTION was declared to be carried unanimously . Vice Chairman Langhans declared the matter of Consideration of Approval of Modifications of lot dimensions in the Kendall Avenue Area duly closed at 11 : 28 p . m . ADJOURNMENT Upon Motion , Vice - Chairperson Langhans declared the May 2 , 1989 , meeting of the Town of Ithaca Planning Board duly adjourned at 11 : 30 Pam * Respectfully submitted , Mary Bryant , Recording Secretary , Nancy Fuller , Secretary , Town of Ithaca Planning Board . • ,l • 1005 Danby Road Ithaca , NY 14850 March 21 , 1989 Dear Member of the Town Board ; The individuals .whose names :appearon the enclosed . petition - — - - — — - - request that their properties be . rezoned fran R9 to R15 . For your ; ;o .. �, p:��1 re . next Cory . Y.. forIsyiveito the signature of the owner . Also , a map , highlighted in yellow, shows the relative positions of the properties to be rezoned . You will notice that all the homes are on - South Hill , most are contiguous in either bands or groupings , and- that each property is owner-oo pied , have no houses , or have a rental home . It is anticipated that others within our community - ray wish for a similar rezoning Some property owners live . out of state ,, and could not be reached . We are in the process of commu i icating with them . The primary reason for this request is that my neighbors feel our homes are more representative of an R15 zoning , particularly in light of our - institutional neighbor , Ithaca College , which is R15 R30 . - Not everyone reads the legals , and many were surprised to learn they owned R9 property . This petition is timed with reference to the 4phase one of the . coup ive plan . We feel that our cmmu city needs to establish its identity to our Town Planners as an area of family residences , not eonaneraial or business enterprises for which it seems to have a reputation . My neighbors and I believe .we must act soon and that this request asks for a formal recognition of our ccmmmity and its character . We ask for your support and would be pleased to answer your questions . Since Karl J . Niklas cc : Stuart Brown Associates Ronald Simpson EXHIBIT 1 • DRAFT _LETTER_QN_PROPOSED_FALL_CREEK_RECREATIONAL_RIVER DE.SIGNA_TIQN Planning Board , May 2 , 1989 Drafted : Susan C . Beeners , Town Planner TO : Mr . Thomas C . Jorling , Commissioner N . Y . S . Department of Environmental Conservation 50 Wolf Road Albany , N . Y . 12233 Dear Mr . Jorling : With respect to the proposal by " Citizens Against Hydropower at Ithaca Falls " for State Recreational River designation of portions of Fall Creek in the City of Ithaca and Towns of Ithaca and Dryden , the following comments are being submitted to you , as reviewed by the Town of Ithaca Planning Board . • In general , while the concept and _ objectives of the proposed L recreational river designation show some merit , many concerns have been raised by involved landowners at recent Planning Board reviews of the proposal with respect to the effectiveness of the designation and its compatibility with local land use planning . Given intensified local comprehensive planning activity , it is recommended that no endorsement of the proposed designation be made without a full exploration of the need for the supplementing of localized regulation . The Town of Ithaca is currently undergoing an intensified comprehensive planning effort ,. and has hired a planning consultant to evaluate and make recommendations on all elements of Town comprehensive planning , including a statement of goals and objectives drafted by the Planning Board . Open space conservation is a vital element among the general long range objectives endorsed by the Comprehensive Planning Subcommittee . Phase I of the current comprehensive planning update is expected to be completed this summer . The work of later phases could include the development by the Town of its own additional mechanisms for preservation and conservation along Fall Creek and other important local waterways . Cornell University itself is . currently involved in campus master planning activities including the planning for facility expansion and the further designation of conservation corridors along Fall Creek to supplement existing conservation management policy . Cornell Plantations currently manages most of the lands abutting EXHIBIT 2 • Fall Creek within the proposed State river area as a preserve . The land abutting Fall Creek in the Town is zoned for low density residential use . No commercial or industrial uses are permitted . Educational uses are permitted only upon Special Approval . Any proposed new development by Cornell , which is the largest landholder in the Town adjoining Fall Creek , is subject to Special Approval review by both the Planning Board ( site plan review ) and by the Zoning Board of Appeals , which must consider the appropriateness of the use as well as the site plan . Public Hearings and environmental review are conducted by both of these boards . The use of a variance mechanism to regulate educational uses under the proposed river designation appears to be neither justifiable nor appropriate , given the large land holdings of Cornell , existing University conservation management , and current area - wide planning activities . The record of projects reviewed by the Town of Ithaca shows a strong commitment to the preservation of open space and the protection of neighborhoods . Clustered development has been part of Town Subdivision Regulations since and is used for almost half of . all residential subdivisions . The Town ' s Flood Plain Management Ordinance , as well as existing N . Y . S . D . E . C . regulations for protected streams , are additional existing regulations pertaining to Fall Creek . Given current local planning efforts , it does not presently appear that the proposed State designation would be compatible with area planning goals and objectives . It is preferable that existing local land use mechanisms be supplemented locally to achieve those protections which may be necessary for Fall Creek . Very truly yours , Susan C . Beeners Town Planner cc : Vernon Husak , N . Y . S . D . E . C . Assemblyman Martin Luster Senator James Seward EXHIBIT 2 w TO: TOWN OF ITHACA PLANNING BOARD FROM: FALL CREEK CONSERVATION COMMITTEE DATE: May 2, 1989 Thank you for the opportunity to speak at the April 18th meeting about the Fall Creek Wild, Scenic and Recreational River proposal submitted to the DEC by the Fall Creek Conservation Committee. As I - - mentioned at the meeting, we are in close-communication-with-DEC staff-and-are-in the process of making---- technical amendments to our proposal (i.e. the location of dams, expanded descriptive information for each section, etc.). Our main task ahead involves facilitating discussion with involved municipalities and property owners ._ We currently have meetings scheduled for the coming week, including talks with the League of Women Voters , Cornell University, and the Forest Home Improvement Association. Additionally, updated information has been given to the County Planning and Economic Development Committee and the Soil and Water Conservation District. We would appreciate the Town's cooperation with this matter and in recognizing the urgency of this situation. It is obviously complex and will not be possible without the cooperation of all concerned. Mr. Frantz questioned our time constraint at the April meeting; .I'd like to elaborate on that again. The city must begin construction by September of 1991 or the FERC license will expire. A lead time of at least 18 months is required for a project of this kind which means that a decision to build or not must be made by the City Common Council by about March of 1990. Considering the amount of time this could take to get into legislative session, we feel it is imperative to keep this process moving. I have been informed by Ms. Beeners that town comprehensive planning will not be completed for another 1 - 1 1/2 years. A designation after that time would be useless to us in regards to keeping hydropower out, since as I've said, the city would need to begin construction by that time. The city will not let its license lapse without an effective designation in hand. We are asking that review of this designation not be put on hold until Town comprehensive planning is voted into action. Rather, we would like to request that the Town Planning Board or the Town Board immediately designate . memberswho will help .assess this designation and be . responsible for communicating town concerns to us as well as updates of the proposal process to the Board. We will be scheduling a meeting, in cooperation with the city, for municipalities and property owners for mid-late May. The Director of the NYS Rivers Program will be invited and it will be essential to have Ithaca Town representatives attend. It is our hope that designated members, if not all of you, will attend. The proposed designation area that would fall within the Ithaca Town borders covers an approximately 1 and 1/2 mile stretch of Fall Creek On two other items of note: First, we have discussed the possibility of eliminating the interim boundary period althogether with Assemblyman Luster and the DEC. This appears to be a workable idea but needs further research. We will keep you informed as this idea progresses. Secondly, we been informed by DEC that acts of the legislature are not subject to SEQR. To clarify this point: NO ENVIRONMENTAL IMPACT STATEMENT IS REQUIRED FOR THIS LEGISLATION. Notice to affected property owners and a thirty-day waiting period and notice in the Environmental Notice Bulletin arg required. These steps will not add a significant waiting period to this stage of the process. (This is relevant because Ms. Beeners reported at your last meeting that SEQR was required and would add significant time to an interim period.) Again, I'd like to say that though the final boundaries are set by public hearing after the designation has been voted on in the state legislature, we are suggesting that now is the time for the Town and other municipalities and property owners to meet for discussion and possibly suggest tentative boundary changes. The Fall Creek Conservation Committee will consider submitting reasonably amended boundaries to the Commissioner long before the legislative vote; we expect these amendment suggestions to come out of our discussions over the next few weeks. We believe it is time for long-term conservation planning to protect and enhance a community resource as rich and vital as Fall Creek We hope that as you continue to review the designation and its regulations that you will join with us and the many others in the city of Ithaca and in the Town of Ithaca, as well as many other neighboring communities, who support this protection effort. We thank you for your attention to this matter. EXHIBIT 3 ATFI D A 10M. CW W&LJCATION e tA T . IT JOURNAL. _ - -. .... ... . . e " : . TOWN OF ITHACA PLANNING BOARD, NOTICE OF PUBLIC =3Z DINT'- t:.Lt be r=ides im lthAc&, County Ln .o,+ rwe ifQrmaja LDa HEARINGS TUESd . MAY 2, 1989 By di of the Chairman of the PlanningBoard, NOTICE tw ba, ii . eI . _ ._ �__�._.___.�----- - _ ..- .._. _.. IS HEREBY GIEN, that Public -- -- - - - Hearings will be held by thej Planning Board of thTown of TSU ITSA_ CA jOLT.Nwry. s Pr 4 ber►Tpapw P'7Dt- Ln P•1�3�.a . . - . - 1t989ain acTowun Hall, 126 esEasday, Mat . Seneca Street, Ithaca, N. Y. , at the following times and on the ( . i: ci Lau thal.- iDotizc- of whicb the annexed t L &u6. _ - following matters: -- - 7: 30 P. M. Consideration . of Preliminary 1�T; , ,,� rovolinand preliminary Ste �t Poz list esti. in 1 Li i p po p.p . . -- •--- – - – Plan Approval for the ro- �' I posed "Indian Creek Retire- ment Community", for the —\ _ .._ • _�l`J_ _ __, •_- ____-- - - ___, • _, • --••_ •- _--_ -• 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 Trumans- burg Road, 66. 7 plus/minus �?. t�t � ! L,! r � •• -. '� . � n�. Or S '�1 � _ � � . µ-� O : ti, [ acres total , into a clustered - _ condominium retirement sub-+ division consisting of an 80-, 1 unit building, 60 dwelling }: . 0. _. _ . - . . . . . . _ . .9. . . . .. . .. . . . . . . . .. . - _• __ --- _ . ._ . .. . . . -• - __- • - -. . .. f� - . 0 1. • units bin single-or two-family, attached structures, and pub= lic open space. CMH Asso _ . .... .. . . . . . . . . � �— dates, Owner; HOLT Ar-4_ .. chitects, Agent. ration •S'_ ':^ � : SK',^= c Approval lofCModfecations of L ^ ... _ I+ e�i C.b �•- lot dimensions with respect to • Town of Ithaca Tax Parcels No. 6-54-4- 15, - 16. 11 - 16. 2, - 17, : _ . . _ . . .. . . . . . . _ •._ _ - - 1 18, - 19, -20, -21 , and -22, lo , Gated in the area of Kendall Avenue, with said lots origi l - _. —.. _. . . .. .. - .. _. ._. . . --- Hally platted in the am` of, the Lands of the a and Company, as filed in the Of-' -' JEAN - rC' KL fice of the Tompkins County ? NYork Clerk on July 12, 1895, and i\lOtary Public, tit Ce\•V with said lots proposed to be' C - " = modified as shown on map' NO. 4E . 1U entitled "Boundary Surveyi QUai ! fed In I Cmpkins County Map, Kendall Avenue Area", by John S. MacNeill Jr. , P. C. , - - Commission expires May 31 , 19 . . . .---. - - - ate April 20, 1989. Louis Bo panni Jr. , J 8 L. Builders, , .•. . -. _ -. . .. - . .. . . . . . James Hilker, Ralph Thorpe, f Sackett a dlnLow- 1 ,..- - • Michael an Pamela E. - ,. . . . : rence E. lacovelli and John ! Elmo, Jr. , Owners; Pamela ' . .. .:- - - - and Stephen Sackett, Agents. Said Planning Board will at said times and said place hear s - - all persons in support of suchl - t _ matters or objections thereto. µ Persons n person . appear by agent _s.. = .=t•- z+ . , _ - . . .. . . . -,. -' --- - - - - - Jean _ - - e Swartwood H Town Clerk _ . 273- 1721 e'. .•: s . . , April 27, 1989