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HomeMy WebLinkAboutPB Minutes 1989-09-05 FILED Y TOWN OF ITHACA Date a -40 TOWN OF ITHACA PLANNING BOARD Clerk SEPTEMBER 5 , 1989 The Town of Ithaca Planning Board met in regular session on Tuesday , September 5 , 1989 , . in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairperson Carolyn Grigorov , Virginia Langhans , James Baker , Robert Miller , Stephen Smith , Montgomery May , Robert Kenerson , William Lesser , John C . Barney (Town Attorney ) , Susan C . Beeners ( Town Planner ) , George R . Frantz ( Assistant Town Planner ) , Sally S . Olsen ( Town Engineer ) , ALSO PRESENT : Sara Beth Canady , Harrison Rue , David J . Stotz , Rich Holt , Ray Ackley , Ronnie Young , Richard & Allison Puczkowski , Pat & Wayne Barr , Barb Holt , Shane & Michele French , George Schlecht , Doug & Jodi Dake , Dennis Morrison , Elizabeth R . Blackmer , Florence Wrisley , Mary S . Eldridge , Judy Newhart , Marty Newhart , Kinga M . Gergely , Doug Dylla , Carl Morse , ( name not legible ) , Sandra Rogers , Myrtle & John Whitcomb , Ron & Bonnie Simpson , Elliott Lauderdale , Slade Kennedy , Jean Brockway , Tammo Steenhuis , Peter Hillman , Nancy Ostman , Laura Marks , Ed Austen , Gayleen Austen , Les Reizes , Dennis Spencer , Kitty & Max Mattes , Ann Clarke , Edward J . McArdle , Peter Trowbridge , Don Sweezy , Attorney Shirley Egan , Attorney James Salk . Chairperson Grigorov 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 Ithaca Journal on August 28 , 1989 , and August 31 , 1989 , respectively , together with the Clerk ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Tompkins County Department of Public Works , upon the Tompkins County Commissioner of Planning , upon the Clerk of the Town of Ulysses , and upon the applicants and / or agents , as appropriate , on August 29 , 1989 . Chairperson Grigorov read the Fire Exit Regulations to those assembled , as required by the New York State Department of State , Office of Fire Prevention and Control . AGENDA ITEM DISCUSSION OF PLANNING BOARD DESIGNATION AS TOWN OF ITHACA COMPLETE CENSUS COUNT COMMITTEE . Chairperson Grigorov opened the discussion . on the above - noted matter at 7 : 30 p . m . a Planning Board - 2 - September 5 , 1989 Mr . Lesser stated that he thought this matter was coming at a difficult time for the Board , because of the regular activities , plus the . Comprehensive Plan is soon going to be before the Board . Ms . Langhans , directing her comment to Ms . Beeners , wondered what exactly had to be done . Ms . Beeners responded that the Board does not really have to get out and count , adding that she thought the Board would be receiving some kinds of public relations material . Ms . Beeners noted that it is probably more geared to cities where people might be reluctant to actually participate in the census , adding that she was not sure there was a problem in Ithaca . Ms . Beeners stated that she felt the best the Board can say right now is that the Board would have progress reports on the pre - census review , and other things . Ms . Beeners commented that maybe some buttons and banners would be sent to the Town . Mr . Frantz stated that Census Day is March 31 , 1990 - April 1 , 1990 . Mr . Frantz offered that the County Planning Board is being designated Complete Census Count Committee for the entire County , which may relieve some of the pressure on the Town Planning Board . Mr . Frantz noted that the Town Board decided to go ahead and designate the Town Planning Board Complete Count Census Committee and , if anything , just to make sure that the count is complete and accurate . Ms . Langhans remarked that when one thinks about it , it would be better to have the Tompkins County Planning Board , because of the different Towns . Ms . Beeners offered that the Planning Board would just be canvassing the Town . Ms . Beeners said • that in the spirit of trying to improve communications and public relations between the Boards and the Town residents , it is her feeling right now that there probably is not going to be one - tenth of the amount of stuff that is proposed to happen , happen here . Ms . Beeners commented that , if at this time the Board would prefer not to get involved in this because of other matters , then the Board is free to decide that , and the Board would be kept posted as to what the County is doing . Chairperson Grigorov noted that the Board does not have to do anything to accept , it can just be let go for the moment . Ms . Beeners agreed with Chairperson Grigorov , in that the Town Board has already designated the Planning Board , Mr . Kenerson offered that it seemed to him as he read the material that there is a lot of promotional stuff , to encourage people to be cooperative with the census taking , and wondered if that was the Board ' s role . Mr . Frantz offered that he thought the idea was that the local Boards , and others , have a sense of the community , in that if there are any real glaring mistakes they can catch them right off , adding that the Planning staff has an idea of the number of dwelling units and the like in an area . Ms . Beeners noted that a pre - census local review would be conducted in November , and then also sometime in mid - spring , when the County would be sending some estimates , at which time it has to be decided whether it is pretty much on track or not . Ms . Beeners commented that the staff has been involved in making sure that the boundaries shown for the different tracts and blocks are correct . Ms . Beeners noted that there have been a couple of glaring errors which have been so noted to Gary Evans , of the County Planning e Planning Board - 3 - September 5 , 1989 • Department , commenting that it is assumed corrections are being made . Ms . Beeners said , basically , what is in store for the Planning Board would be looking at the pre- census estimates , and then also at the ones a couple of times after April , on a block by block , or parcel by parcel basis , then deciding whether they are correct or not , noting , she had the pleasure of doing that when she began employment at the Town in 1980 . Ms . Beeners offered that , over the summer , the Town Planning Department , in anticipation of the Complete Census Count , knows about 3 / 4of the Town , by parcel , exactly what that parcel is being used for , whether it is a single or two - family dwelling , or vacant land , commenting , that can be used , plus Building Permit records from Andrew Frost , Building Inspector / Zoning Enforcement Officer , and , hopefully , can come up with some fairly instant responses . Mr . Lesser mentioned that it could be very time consuming , with Ms . Beeners agreeing . Ms . Beeners stated that it is time consuming , but projects that it will be a lot easier than it was in 1980 , given what is available and what Mr . Frost is developing . There appearing to be no further discussion , Chairperson Grigorov closed the discussion of Planning Board Designation as Town of Ithaca Complete Census Count Committee at 7 : 45 p . m . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL AND PRELIMINARY SITE PLAN APPROVAL FOR THE PROPOSED " CHASE POND " DEVELOPMENT , PROPOSED TO CONSIST OF 119 CLUSTERED DWELLING UNITS IN • ATTACHED AND DETACHED CONFIGURATIONS ON 23 . 03 ACRES LOCATED ON EAST KING ROAD NEAR RIDGEC REST ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 44 - 1 - 4 . 311 , MULTIPLE RESIDENCE DISTRICT . DAVID C . AUBLE , OWNER ; BUTTERFIELD ASSOCIATES I , APPLICANTS . ( PUBLIC HEARING ADJOURNED FROM AUGUST 1 , 1989s ) Chairperson Grigorov declared the Public Hearing in the above -noted matter duly opened at 7 : 45 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Chairperson Grigorov announced that it would be in order to start with a brief review of the project for the benefit of those who were not present at the August 1 , 1989 meeting . At this time , Mr . David Auble , developer of the project , introduced the following consultants for the project : Peter Trowbridge will open with the review of the site and note some of the changes that have been made . George Schlecht and Don Sweezy , Consulting Engineers for the project , will be supporting Mr . Trowbridge , Mr . Auble stated that questions regarding community association and legal matters would be referred to Attorney James Salk . At this time , Mr . Auble stated that he wanted to thank the Planning Board members who viewed the site , adding that he appreciated their time in reviewing the program that Auble Metropolis Group is presenting . Mr . Auble stated that he also wanted to thank a number of neighborhood supporters , commenting that , since the last meeting , AMG felt that it might be important to the Board to provide an opinion of r Planning Board - 4 - September 5 , 1989 • a cross - section of the neighborhood . Mr . Auble stated that AMG took the time to do a sampling , but definitely not door to door solicitation , of the folks in the South Hill area , noting that letters have been presented , along with a list of the supporters . Mr . Auble said it had been mentioned to the supporters that , if they were able to attend the meeting to give some evidence of their support , and were interested in hearing more details of the plan , the meeting would be held on September 5 , 1989 at 7 : 45 p . m . At this point , Mr . Auble asked the supporters to show their support by standing . Mr ., Auble noted that there are over 100 signatures in support of the proposed plan . Mr . Trowbridge approached the Board , appended maps , and stated that in the last two weeks AMG has tried to respond to some of the questions that the Board and the planning staff have introduced over the last several weeks , as well as issues and questions that were raised at the last public hearing , which was August 1 , 1989 . Mr . Trowbridge noted that this is the fourth time this project has been before the Board . Mr . Trowbridge said that he would make some summaries of new material , because much of it has already been presented . Mr . Trowbridge noted that the things that were not made clear last time were : as one looks at the site plan , there are 4 different kinds of units that are expressed . Indicating on the appended map , Mr . Trowbridge said that there are a number of townhouse units that are expressed ,, and " this " is a typical elevation of " this " section , looking at it from the green space , noting that the grey - toned buildings are the single - family detached side yard units , and " this " is an accurate scale drawing of " this " section , as one sees them from E . King Road , ', as well as the placement of the structures and the spaces between ,, those structures . Mr . Trowbridge pointed out an end section , which one would see from E . King Road , commenting , one would see an end unit " here " and " here " . Mr . Trowbridge offered that , as one drove along E . King Road , the image would be a series of single - family detached side yard units that look like ''' this " , and a cross - section of the townhouse section in " this " particular location . Mr . Trowbridge noted that a couple of things about the plan that he felt were rather important was that AMG tried to preserve the views . Mr . Trowbridge ,' responding to some of the issues that were raised last time , stated that " this " is a slide which represents standing on Chase Farm Road , with Chase Lane across the street about " this " location , looking directly on access up " this " view corridor . Mr . Trowbridge noted that " these " two columns are 70 feet apart at " this " location ; the townhouses '. are approximately 170 feet apart , so in the view that one is seeing standing on Chase Lane , the townhouses would not start until someplace off the drawing . Mr . Trowbridge noted that there is a large central corridor as one moves along E . King Road and past that central green space , as well as standing on Chase Lane . Mr . Trowbridge noted a couple of other pretty spectacular views that are remaining and have been enhanced through the development , adding , another slide has been taken of the pavilion and deck area . Mr . • Trowbridge offered that one view is looking directly up -the access of the pond in " this " direction , and another one is looking off toward the woods , and ;both of them would remain exactly as they are , with no Planning Board - 5 - September 5 , 1989 • development within those views . Mr . Trowbridge stated that the plan has attempted to be transparent in the places that have significant view . Mr . Trowbridge noted something about the street character , in that all of the garages are off the street , no garages face onto the roads , and the impression one gets is all architectural facades , adding that the intent of the facades is in keeping with the project across the street . Mr . Trowbridge said that the pedestrian areas are left through the project ; there is a recreation trail that comes off Chase Lane Phase I , and would terminate as a limestone dust walk at the intersection of E . King Road and Chase Lane , and continue as a sidewalk , and as a bikeway on the street until it gets to [ indicating on map ] " this " point ; at that point it would revert back into a recreation trail that will connect into the Deer Run project . Mr . Trowbridge noted that a couple of other issues brought up at the last meeting were issues of scale and view , commenting , AMG did a little study piece that gives one a feeling about some of the scale issues that relate to neighboring development , and how that relates to this particular project . Mr . Trowbridge , pointing to one of the appended slides , noted the two raised ranch houses that sit immediately to the east of the Chase Pond site , adding , the houses have been measured and scaled to give one a feeling as to how large or how small certain things are . Mr . Trowbridge overlayed the slide of the relatively new homes on a set of elevations of the townhouses , noting , it approximately expands from end to end with a 26 - foot space between the two garages , adding that , when one looks at the green space that exists from townhouse to townhouse , one can , approximately , fit those two homes in the park space between the townhouses on a face to face basis . Mr . Trowbridge said that the two houses would take the same space as four side yard units , which gives one a sense of relationship of density . Mr . Trowbridge offered that , most importantly , is the extent of the townhouse development versus the length of the two houses , and the exact scale and relationship of the houses as they sit on E . King Road , Mr . Trowbridge stated that the townhouses will step down ; they will not have a continuous roof line , but since the topo falls slightly toward the north " these " will be broken down and the townhouses will step as they move toward the north , noting , , every few units there will be a stepping to give more architectural detail . Mr . Trowbridge stated that the Phase I plan the Board is currently looking at includes " this " area of single - family side yard unit homes , " this " group of townhouses , and " this " second group of side yard units , which consists of approximately 36 units , and the whole first phase of roadway development that would approximate " this " road near " these " townhouses to the east where " this " one -way road occurs , so there would be a continuous loop of roads . Mr . Trowbridge noted another important issue is that AMG is building and improving the parks as a part of Phase I . Mr . Trowbridge said that it is proposed for the project to develop the open space , both as a marketing technique , and also as a way of developing important green • space . Planning Board ' - 6 - September 5 , 1989 • Mr . Trowbridge stated that AMG is asking for two waivers in the project . Mr . " Trowbridge stated that the August 1 , 1989 minutes suggested that �l AMG was asking for three waivers , but AMG is only asking for two , and they are : one , having more than six units attached , and second , looking at less than 30 feet between any two buildings . Mr . Trowbridge said that both of the waivers are only necessary because AMG is looking at a cluster overlay in an MR zone , adding , neither of those overlays would be required , by right , in the current zone , they are only being asked for because of the cluster overlay on top ' of the MR . Mr . Trowbridge remarked that the project could be built in a by right manner , without the cluster , and if it would be just the straight zone requirements . Mr . Trowbridge commented that the buildings have a building face to :building face set -back that is consistent with the MR zone , and noted that , clearly the MR would allow AMG to put together the number of townhouses that are represented in the plan and elevation . Mr . Trowbridge noted another issue that was brought up last time was alternate plats... Mr . Trowbridge said that over the last couple of years the developer has developed several different schemes , of which some have previously been approved , commenting , in all of the schemes there have been at least eight units that have been pulled together , again , as by right in the MR .zone under rental housing . Mr . Trowbridge stated that what AMG is looking for in terms of the waiver is not an issue of health , safety and welfare : it is not an issue of Building Code , it comes down really , to harmony and aesthetics , as AMG reads the Subdivision Regulations , commenting that it is a waiver request that has more to do with consistency of the visual quality ' of the neighborhood , and the surrounding area . Mr . Trowbridge stated that he hoped AMG could suggest that the kind of development , particularly from a point of view of a passerby on E . King Road who would see the development , as being very consistent with the kind of density in the surrounding area . Mr . Trowbridge noted that it was true , if one is in a townhouse looking directly across the street , that it would be a different view than passing along E . King Road , but people who choose to live in the project will have a visual relationship to their neighbors that is not going to , necessarily , be the same sort of view that the public will view on E . King Road , Town Planner Susan Beeners asked Mr . Trowbridge to discuss the parking arrangements . Mr . Trowbridge replied that each primary dwelling unit has at least two on - site parking spaces . Mr . Trowbridge said that the carriage - type rental units over garages , when they are associated with the side yard units , which they are , in five cases , all of that parking is on the homeowner ' s site . Mr . Trowbridge noted that in six other cases where there is a carriage - house unit attached to a townhouse there is not a parking space , but parking would be allowed , and AMG is suggesting some parking on the street , adding , again , that would be for visitors for some units . Mr . Trowbridge offered that all the side yard units have extensive driveways where it • is possible to park six to twelve cars , probably side -by - side . Mr . Trowbridge commented that the townhouse units have , in each case , at least two parking spaces per unit , if there were additional guests Planning Board - 7 - September 5 , 1989 • they would have to park on the street . Mr . Trowbridge remarked that cross - sections of streets have been designed where there is at least one parking lane on each side of the street , except in the case of [ pointing to map ] " this " one -way cuplet at the extreme west end . Mr . Trowbridge offered that , in some cases , as in " this " section , there is parking on both sides of the street , commenting , AMG is not encouraging parking on both sides , but just suggesting that parking could occur on both sides . Attorney Barney wondered if all of the roads were to be dedicated to the Town , with Mr . Trowbridge answering , yes , that is the intention . Board Member Robert Miller wondered what the set -backs were between the street curb and the houses along any of the roads . Mr . Trowbridge responded that it varies about 20 + feet on the single - family . Mr . Miller asked about the interior road distance . Mr . Trowbridge replied that the interior road is about 20 feet to the building face . Mr . Trowbridge said that the set - back from E . King Road would be about twice the distance of " these " two units . Jean Brockway , of 166 Ridgecrest Road , a member of the public present , spoke from the floor and stated that she thought Mr . Trowbridge should clarify what Phase I is . Chairperson Grigorov responded that Mr . Trowbridge did , but asked him if he would do it again . Mr . Trowbridge stated that Phase I includes all the units that [ indicating on map ] are outlined : " this " side yard set of • single - family detached homes ; " these " townhouse units ; " these " side yard single - family detached units , with a road network that needs to be negotiated to complete a road network that would make some comprehensive sense , such that one could drive around and not get into dead -end or cul de sac situations . Mr . Trowbridge said that the green space includes " this " park , as well as the development of the large part of Phase I . Mr . Lesser asked about the acreage of the pond . Mr . Rue answered that the pond is two acres . Mr . Lesser wondered , when the calculations are made of plotting and density , is the pond being included as part of the area of the development ? Mr . Lesser mentioned 28 acres as being the entire area inside the boundaries . Mr . Trowbridge said that the 119 units were originally established included both the area that has been exacted to Cornell , as well as the Manos ' property , and if the density was really looking at larger area , that area has already been sort of exacted and pulled away , in effect , so , when one looks at the site and the overall density , the additional green space that has been previously exacted should be included . Chairperson Grigorov noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Chairperson Grigorov stated that there was an extensive comment • period , at the August 1 , 1989 meeting , and asked that there not be any repeat comments . Chairperson Grigorov noted that in the interest of Planning Board - 8 - September 5 , 1989 • time , if someone else has raised a question , then no one else need to raise the same question . Elliott Lauderdale , of 381 Stone Quarry Road , spoke from the floor and stated that maybe he would like , in the beginning , to have a clarification , if he could , about the zoning status of MR with a cluster overlay . Mr . Lauderdale noted that the question , in specific terms , is that it seemed to him that the way Mr . Auble would like to build a piece of property is selling each individual unit fee simple rather than as , rental property , which forces him , which is his ( Mr . Lauderdale ) understanding , by rules of front yard set - back , into adhering to a cluster overlay , adding that it seemed to him that a lot of the statements in the response to his concerns that Mr . Auble gave him , and a lot . of issues which are of concern to Mr . Lauderdale , have to do with his going to a lot of trouble to make these units " For Sale " , for the kind of covenant requirements that are reasonable to expect Mr . Auble to adhere to . Mr . Lauderdale , wondering about his first question , asked if he was inaccurate in saying that the plan , as presented , forces an MR with a cluster overlay , or is Mr . Auble voluntarily practicing this mixed zoning type of MR with a cluster overlay . Attorney Barney responded that Mr . Auble is doing this voluntarily , he is not forced to do anything . Mr . Lauderdale asked about row townhouses , in that which front yard requirement is being asked that the '' row townhouses adhere to ; what zoning type is defining how far the set - back must be for the townhouses ? Attorney Barney answered that it is a Multiple Residence zone , and , as such , has • certain requirements , i . e . , if all of the buildings were owned by one owner , those requirements would probably be met just along the perimeter of the entire property , adding , when Mr . Auble chose to go to a " For Sale " situation where each unit was going to be sold , that required obtaining Subdivision Approval , commenting , once one does that , then the requirements apply basically to each individual lot . Attorney Barney said that is why the Board is here looking at a cluster arrangement , which can be done in the context of waiving some of those requirements , and allowing buildings to be closer together than they would otherwise be under an individual lot by lot requirement . Attorney Barney stated that he did not think using the word " force " is necessarily an appropriate word . Mr . Lauderdale stated , given the choice to sell fee simple lots , then the waivers are forced rather than voluntary , and given Mr . Auble ' s choice to sell fee simple lots rather than develop it as an MR , then the waivers and increase in requirements over what would be required of an MR zone must apply . Attorney Barney said that he did not want to confuse the issue more than it has already been confused , but the Multiple Residence zone , which is what this is , has certain requirements and each lot in a Multiple Residence zone must meet those requirements , commenting , if ,this were treated all as one lot the requirements would be around the perimeter . Attorney Barney noted that the choice is to try and subdivide it , therefore , each subdivided lot must meet those requirements . Attorney Barney stated that , again , he did not want to quibble with Mr . Lauderdale over the word " force " , but it is not any different , in many respects , from a subdivision in an R- 15 or an R - 30 zone : a developer comes in ; they have certain lot requirements , and in many instances the Planning Board chooses to suggest that a cluster Planning Board - 9 - September 5 , 1989 • subdivision be in place , rather than the difficult grid arrangement , and when that clustered subdivision is put in place , in that circumstance , a number of the lots are deficient in the traditional side yard , front yard , or rear yard requirements , that is the nature of cluster ; in fact , that is the very reason there is cluster ; to reduce the feet between buildings , but increase in some other place on the site , the area of green space . Mr . Lauderdale stated that the difference to them , as a community organization concerned with precedence on a lot of different issues , is that in a cluster zoning situation there are very clear expectations in regard to rental / owner mix covenant . . . Attorney Barney interjected , there have been on South Hill , where there has been development reasonably close to Ithaca College , and where the fear of the neighbors was that the houses , while they were coming in as clusters , and , theoretically , were going to be individually owned , might turn into a group of rental houses . Attorney Barney offered that , in those circumstances , with the cooperation of the developer , covenants have been placed in deeds restricting the occupancy to , basically , owner occupancy for 3 out of every 5 years , adding , that is not a zoning requirement , per se , that is a requirement that has been either agreed to , or , he thought , in one instance , may have been imposed by the Planning Board or Town Board , Mr . Lauderdale noted that his experience in going through the history , in general , developments of this sort in our neighborhood have had the covenant restrictions ; the kind of sabbatical clauses attached to houses which , in effect , guarantee that someone could not • buy all the townhouses , given changes in the economic situation in the Town , and then rent all of those townhouses . Attorney Barney responded that that is correct , except for one significant difference , i . e . , in each instance that the event has occurred , the property has been zoned basically single - family / two - family residential , and it has been a subdivision in an area that is not already zoned Multiple Residence , but in an area where it was zoned R- 15 or R - 30 . Attorney Barney remarked that the subject subdivision is zoned Multiple Residence . Attorney Barney said that Mr . Auble could come in with a site plan , the Board would review it , and if the plan were acceptable , the Board could approve a multiple residence plan with 119 units , and which could be all rental units . Mr . Lauderdale mentioned that Mr . Auble has an MR plot already approved , and he could have done that , but he chose instead , for some economic reasons or his own choice , to go to this particular arrangement . Mr . Lauderdale stated that the problem seemed to him to be somewhat legally confusing in that : if he sells fee simple individual lots , then he seems to be gaining some of the characteristics , or changing the development in such a way that it is looking more like a clustered multiple residence development , but is avoiding some of the restrictions that are typically put on that kind of a development by this sort of mixed MR cluster category . Chairperson Grigorov said that it is not impossible to put restrictions on rental times , as has been done in , e . g . , Commonland . Chairperson Grigorov noted that it is restricted as to how long a time a unit may be rented , and how many of the units can be rented by the developer before they are sold . Attorney Barney said that Eastwood • Commons development does not have a limitation , adding , that development is actually probably the closest development to AMG , because that also is a MR cluster subdivision kind of thing . Ms . Planning Board - 10 - September 5 , 1989 • Langhans wondered about waivers in Eastwood Commons , with Attorney Barney replying that he did not recall , but there probably are . Attorney Barney said that the other one that comes to mind is one of the South Hill developments , commenting , there really has not been as much impetus to put those limitations elsewhere , because the theory , quite frankly , is an effort to reduce the student occupancy . Mr . Lauderdale commented , in that case Eastwood Commons is , in general , an East Hill question , and secondarily , in the minutes on Eastwood Commons the Planning Board decision was that , because the first phase of Eastwood Commons was established long ago as a stable residential community , then there is less concern about that community being able to change by a second phase of the same development , so the community had established itself , where in the present case a whole neighborhood is being plopped down in one place without any kind of guarantee about what that character will be . Chairperson Grigorov offered that Mr . Lauderdale ' s point was that he was concerned about the units becoming rental units . Mr . Lauderdale responded that he thought it was a possibility ; with economic changes it could turn into that . Mr . Lauderdale noted that the other issue , and he would like to repeat again and refer all the members of the Planning Board to what he thinks is a serious community concern with affordable housing , and stated that he would like to read Mr . Auble ' s answer . Mr . Lauderdale noted that Mr . Auble stated that in keeping with the Duany / Plater- Zyberk philosophy that it is very important for a development to have a mixture of income types , adding , that is what • Mr . Auble would like to develop in the combination of Chase Farm and Chase Pond , however , one will notice that the bottom number on either of the sites is $ 95 , 000 . 00 . Mr . Lauderdale said that 800 of the medium income in Tompkins County would not be able to afford a house in the mid - seventies , so that means half of the people in Tompkins County cannot afford to buy a house in Mr . Aubles ' development , therefore , the ideal , which we would all like to support and adhere to , of a mixed neighborhood where all kinds of people could live together , rather than , as Mr . Auble says , a subdivision of a given class is spoken to only in rhetoric , but not in actual practice . Mr . Lauderdale stated that Mr . Auble has been asked , very politely , since last January , if he could make a specific arrangement and dedication of just one portion of some of the units to be managed by an affordable housing mortgage out of the State of New York , commenting , to this time , a compromise in numbers or anything , or any kind of attempt on this particular site to build that balance , has not been achieved . Attorney Shirley Egan , Cornell University Counsel , stated that she had raised the question at the last session about whether a changed plan requires starting over in obtaining a zoning change from R- 15 to MR , adding , she now has the relevant materials reviewed . Attorney Egan stated that , while initially it seems clear that the resolution passed did call for an automatic reversion to R- 15 in the event of a change in plan , adding , that concept is not to be found in subsequent changes to the Zoning Ordinance , however , what was manifest • in each instance in the zoning changes was that the Town did reserve the right to modify the zoning back to R - 15 , or anything else for that matter , and there was no property right in MR zoning that was Planning Board - 11 - September 5 , 1989 • guaranteed , and if indeed the plan changed or lacked guarantees as to some of the concerns that were evident in the Town ' s resolution , the changes in density without the Manos ' parcel it does , indeed , change from the initial amount that was approved for Manos : type of occupancy , other aspects like herbicide use , pet use , and certainly of great importance to them is the intensity of use of open space or the community house by other than the immediate residents of that area . Attorney Egan stated that the above were all things that the Town had indicated at that time were important to it and were considerations in approving the MR zoning change . Attorney Egan noted that , based on this from the' Town , she thought that neighbors and neighboring property owners rightly place some reliance on the fact that any change in plan would at least be as low in density , and at least as sensitive to the environment and as sensitive to the amount of use that that site should get , in terms of having a community house , Jogging path , or something like that , adding , in particular to the environment of ,; the South Hill Swamp , since those were items that were the basis for the zoning change ; those sorts of guarantees . Attorney Egan stated that , perhaps , Bill Manos was never quite put to the test of working with Cornell ' s concerns about South Hill Swamp , commenting , there was at least a more hopeful attitude toward working together toward these things , and she would hope that this could continue with Mr . Auble ' s ownership of the land , as Cornell still has quite a few questions , such as : the community house and how is the development going to be presented to the people who are going to be buying units there , as far " as their use of all the open space . Attorney Egan • stated that Cornell has a lot of questions about what restrictions might be placed on that development ; physically , legally , and things of that nature . Attorney Egan said that Cornell would certainly like to work with Mr . Auble , but if that does not turn out to be feasible , then certainly " Cornell would want to look to the Town to supply at least the same sorts of assistance that it manifested back in 1983 when Bill Manos came before the - Board , as to herbicides , pets , and intensity of use of the open area by people who do not even live there . Attorney Egan noted that the above were all concerns that Cornell has . Chairperson Grigorov stated that the buffer protection is another important issue , with Attorney Egan in agreement . Attorney Egan said that : Cornell has a lot of questions about the community house , as to whether it will become a country club or other residence . Chairperson Grigorov stated that she did not think there was a community house . Mr . Auble responded that they propose a pavilion , which is not very large , and which has not really been outlined and described . . . Attorney Egan wondered if people across the road in the other development would also be eligible for its use . Chairperson Grigorov said that it is really not a meeting house , .it is just a place to get out of the rain . Mr . Aublell stated that he has not really had a request from Cornell to discuss any of his considerations on the site ,, adding , any time Cornell would like to have a discussion , then AMG would be more than happy to sit down with them . Mr . Auble stated that AMG felt they • have taken great pains to abide by the agreement that has been in place , and the Town requirements placed on the site . Mr . Auble stated that AMG would be perfectly willing to discuss other . matters as well . Planning Board - 12 - September 5 , 1989 • Mary Eldridge , of 259 Troy Road , spoke from the floor and stated that it sounded to her like sides were being just opposed to one another . Ms . Eldridge remarked that everyone knows she is a great animal lover as she has dogs and cats , commenting , she is really worried about any organization that says : one can buy a home , but cannot have a pet . Ms . Eldridge offered that , anyone who knows , even nursing homes '' are encouraging people to have pets brought in , encouraging ownership of pets , and mental places are having pets . Ms . Eldridge offered that she has a small grooming business in her home , commenting that she will never be without a pet . Ms . Eldridge stated that she felt any time someone asks a family to move in someplace , and does not allow them a pet , when they can have a four -wheel vehicle or off - road vehicle . . . Ms . Eldridge mentioned that one of her students she transports on a school bus was seriously injured by an off - road vehicle , adding that she does not hear anyone saying anything about any of the homes not being allowed to have an off - road vehicle , commenting , yet we are going to disallow or have the courage or nerve , or whatever it is , to disallow any pets . Chairperson Grigorov remarked that the question is more leash . Ms . Eldridge responded that the leash law is fine , anyone who sees her on the road , her dogs are on leashes ; they are down in the woods sometimes , but they come when they are called . Ms . Eldridge stated that she is more concerned with the people who ' have the off - road vehicles , and who have the nerve to come up 20 - 30 mph on her chain link fence , adding , if restrictions are being talked about , let ' s talk restrictions on the motor vehicles , and not on people ' s' lives , and not on impact of an animal in their home . • Myrtle Whitcomb , of 233 Troy Road , addressed the Board and stated that she was President of the South Hill Association . Ms . Whitcomb stated that she has a couple of questions , and just a couple of general comments . Ms . Whitcomb noted that the SHCA gave a rather comprehensive report of their concerns at the August 1 , 1989 meeting , so she would not belabor those . Ms . Whitcomb , directing her question to Attorney Barney , wondered about the Manos ' property and the 4 + acres that went off with Cornell when it was split from the original property . Ms . Whitcomb wondered about the status of that in terms of zoning designation , is it still MR or has it reverted back to R - 15 , or what happens when they are split ? Chairperson Grigorov wondered if Ms . Whitcomb meant the part that Cornell now has , with Ms . Whitcomb answering , right . Chairperson Grigorov asked ' if there was any restriction as to what Cornell can do with that . Attorney Barney replied that he did not know , but would research it . Town Planner , Susan Beeners stated that it was her opinion that that zoning still is MR on the buffer area on the west , which went to Cornell , and on the Manos ' parcel to the east , which is restricted to one dwelling unit . Ms . Whitcomb wondered if it was a hard - cast restriction to have one dwelling unit , even though it still carries an MR designation . Chairperson Grigorov stated that it was part of the original granting of MR that there would only be one house on that part 'of the parcel . Ms . Bee ners commented , true , and it • appeared at that time the zoning was fixed to be MR on both the buffer and the single ''= family piece . Chairperson Grigorov offered that she Planning Board - 13 - September 5 , 1989 • did not think anyone was worried about the Cornell part . Ms . Whitcomb said that was just a question . Ms . Whitcomb commented that another question she had was in terms of the pond area , and not knowing exactly how the Not - For- Profit corporation versus the Homeowners ' Association is finally going to settle out . Ms . Whitcomb questioned the expense of maintenance of the pond , if it should happen to become a very expensive project , then who would be responsible , totally , for the cost ? Ms . Whitcomb stated that what she is really driving at is * , is there any way which the Town would ultimately , at some point , have to become responsible for some of the maintenance ? Attorney Barney answered , no , as to the Town becoming responsible . Ms . Whitcomb stated that she thought it was a very good question , because sometimes when one talks about having homeowners ' fees , or whatever fees , to join an organization , then if it becomes a very , very expensive project , then everybody is sitting out there saying : it ' s not my responsibility . Ms . Whitcomb noted that when she made her visual impact presentation of the slides at the August 1 , 1989 meeting she was sort of rushing through it , as everyone was tired . Ms . Whitcomb commented that she neglected to say that the houses she had ' done were to scale , because in the slide there was a tree , and Dave , Auble helped John Whitcomb measure the tree and went from there in terms of figuring scale , adding , in terms of the visual impact of the houses that she was showing it was to scale on the photograph , the only thing that one cannot show is the perspective , • the tunnel vision as one looks down through there . Ms . Whitcomb stated that she wanted to point that out , because she neglected to say that she did have a method with the presentation . Ms . Whitcomb stated that she would have appreciated , she thought , the overlay that Peter Trowbridge talked about in terms of comparison with houses in the neighborhood , adding that she would have been more impressed had the duplex houses not been taken , which are really oversized in the neighborhood anyway . Ms . Whitcomb thought that for the most part the shoestring development that has come along the Deer Run area , most of those houses are very , very large for their lots , and she would have felt a little better had everyone looked at also some overlays in terms of maybe the Slades ' house or Florence Wrisley ' s house , or some of the other homes that are also in the immediate area . Ms . Whitcomb stated that she is appreciative of the fact that , when talking about mature landscaping , and from the pictures that everyone is seeing of what is happening within Chase Farm , a project that SHCA did support wholeheartedly , that Mr . Auble is really making a concentrated effort to work with the landscaping , and added that she was very , very pleased this would be done , and she hopes the trees along the front are really going to be as mature trees as possible , when they go in , because it takes a long time to grow a tree . Ms . Whitcomb said that the other points that she wanted to pick out from the SHCA presentation are a couple of things that the SHCA • felt very strongly about - one being the covenants , in that there is a concern , no one knows what is going to happen to the market , and how things are finally going to settle out , but there is a concern for the Planning Board - 14 - September 5 , 1989 • utmost of protection for the community that one can possibly get , adding , SHCA really is advocating a strong hard look at the covenants situation , in particular that they be owner - occupied at least two years out of the five . Ms . Whitcomb stated that the SHCA is also concerned , because they do have a record , she guessed , for preservation and protection of the natural resources that are available on South Hill : witness our concern for the Eldridge Wilderness . Ms . Whitcomb said that the SHCA is also concerned about the Cornell South Hill Swamp , and would like to reiterate their stand in terms of making sure that every effort is made to protect that natural sensitive area . Ms . Whitcomb stated that she would end by making a statement that most of the people from the SHCA who attended the planning " Charette " were very , very impressed with the Duany / Plater - Zyberk philosophy and their plan . Ms . Whitcomb said that the SHCA had looked forward , very eagerly , to seeing what they hoped would be a Comprehensive Master Plan for Mr . Auble ' s holdings that he has on South Hill , and being able to see the total picture , and how it would all meld into " this " village concept . Ms . Whitcomb stated that she thought one of the things that SHCA is feeling about this particular project proposal with Chase Pond is that it appears that this is the heart of that village concept , and the heart seems to be placed in the ankle , rather than in the middle of large holdings with the development , then progressing out around it , , commenting , that is the concern the SHCA has ; we had hoped that there would be a presentation , probably that would be requiring a Special Land Use , • which , by the way , members of the SHCA were prepared to support , in terms of having a total development with some interspersing of commercial , apartments over buildings , and the kinds of concepts that Duany / Plater - Zyberk was talking about . Ms . Whitcomb said that the SHCA concern is that this particular project took pieces of that philosophy._ , placed it here , and the SHCA did not see how it was going to fit into the total picture . Ms . Whitcomb remarked that the other statement SHCA has is that , if there are any questions in terms of the fact that the Town Board had reserved the right to review the status of this particular property , and what kind of legal premises are going on in terms of what Attorney Egan has raised and some of the other concerns that have been raised . Ms . Whitcomb noted that , if that seems to be appropriate , then the SHCA would urge that the Town Board actually be consulted in the process , adding , the SHCA is , as always with the association , taking a hard look at any variances that are requested , because the SHCA believes that variances are something that should be given only when it is clearly in the public interest . Ms . Whitcomb stated that the SHCA feels that the Planning Board and the people in the community have no responsibility for insuring the profitability , but there is a responsibility to the community . Ms . Whitcomb stated that she does not envy the Planning Board ' s review of the plan . r Mr . Auble , commenting on the rental situation in Ithaca , stated that everyone that he is acquainted with , and knows the real estate market , is familiar with the fact that a lot of new rental units have • come into the market in the last two years , adding , there is a lot of concern by people in the apartment business that there is a severe softening . Mr . Auble remarked that he thought there are probably Planning Board - 15 - September 5 , 1989 • other units that will continue to come on line , which is partially creating new affordability , but also a higher vacancy rate . Mr . Auble commented that if there is a concern about rental , an emphasis on rental in his development , he , obviously , does not intend to have rental units , that is not his goal , but if that market is severely softening , and not as strong a market , then the fear of the economic changes creating a need to have rentals in his subdivision is probably not a likely scenario . Attorney Barney noted that Mr . Auble is pushing to have single - family and individual lot sale . Attorney Barney wondered why there would be a concern then , to put in a similiar type of deed restriction that basically allows rentals , but only on a fairly limited basis , basically to encourage owner - occupancy and rental two out of every five years . Mr . Auble , directing his comment to Attorney Barney , stated that his first argument would be that AMG is trying to develop a community that is similar to where you live , ( Attorney Barney ) , where Elliott lives , or people across the street that own their own homes that really do not have a lot of encumbrances , adding , AMG would have deed restrictions the same as in Chase Farm , and AMG considers Chase Pond as being part of the Chase Farm community , and there is no reason why a person with a single - family home in Chase Pond should have any more restrictions on them , other than perhaps for environmental concerns . . . Attorney Barney interjected , except that Chase Pond is a little different kind of development . Mr . Auble responded that , it is , esentially , an apartment zone where AMG would be selling the units . . . Attorney Barney • said that the problem he has is that on one hand AMG is saying single - family , and sell as individual lots , and if that is the case , then he cannot see any reasonable objection . . . Mr . Auble said that AMG may not have an objection when they get to the phase of discussing , with you ( Attorney Barney ) , and the Board . . . Attorney Barney noted that this was a pretty crucial item . Mr . Auble stated that , tonight AMG is looking for preliminary site plan approval based on the structures and 'layout of the site , etc . , adding that he felt those are what he would call negotiable items , but he felt a little bit of resistance to being pressured into that kind of restriction on a homeowner , when he is not the homeowner , commenting , if he were the person buying that unit , he would like to make his own judgement about that matter , commenting that he thought it a bit unfair when , in effect , the whole project could be a rental project , so it seems like AMG is being asked to place unneccesary and unfair restrictions on those people that purchase units . Mr . Auble stated that he was not saying that AMG would not be willing to consider something along those lines , but noted that that was his gut feeling about that situation . Attorney Barney responded that he thought in the other subdivisions where these have been in place , e . g . , Cayuga Vista , Deer_ Run and the . others , those conditions have been in place at the time of preliminary subdivision approval ; it was agreed upon at that point in time that it would be this way , and the Planning Board had an opportunity to look at it with those in place , knowing that that was how it was going to operate . Mr . Auble commented that his feeling from the Board was that in some cluster' subdivisions it is not a requirement at all , in others • it is ; it might be two years out of five , three years out of five , or one year out of five , adding that he did not think that was a major concern with AMG . Mr . Auble said that he still has trouble really i Planning Board - 16 - September 5 , 1989 • seeing that as being a legitimate major concern of someone that lives a mile away , such as Mr . Lauderdale , Mr . Auble noted that the people who live immediately adjacent to the site have never brought the subject up to AMG as a problem . Mr . Auble , referring to people living one - half mile in either direction , stated that he could understand them having concerns for the entire community , but he does not see the immediate adjacent homeowners having that kind of a concern . Again , Mr . Auble offered that he was not saying it is not a possible restriction , adding , the Board has to make up their mind what they want to do with that , but he did want to express his feelings . Harrison Rue , of AMG , spoke from the floor and stated that Mr . Auble ' s primary concern , right now , was loading up too many regulations for a market . Attorney Barney responded that he thought that cuts two ways , as sometimes these restrictions are advantageous to have , because they assure one that the people next door will not move away two years , or five years down the road , so they could go either way ; it depends on the individual whether he would use it as a restriction or he would use it as a plus that everybody is bound by it . Attorney Barney stated that that is true in any restrictive covenant across the board in subdivisions that are viewed sometimes positive and sometimes negative , depending on . . . Mr . Auble remarked that AMG has not really discussed that , but internally AMG has looked at other basic deed restrictions similar to Chase Farm , and upon discussing it Mr . Auble felt that , voluntarily , he would see that a • potential deed restriction , if from a market standpoint it makes sense , and which he may totally agree with , although he felt it is not a legitimate kind of thing to impose on AMG . Attorney Barney noted that Mr . Auble was asking for some waivers from the Board ' s normal requirements . Attorney Barney stated that the considerations given to the waivers is given in a total context , and that total context includes what it is , adding , AMG is saying this is the way they want to do it , fine , then AMG should not mind saying so in a deed restriction , which is legally binding on the Board and on anybody else . Attorney Salk stated that the big distinction is that this is already an MR zone . Mr . Auble commented that , suppose AMG went MR and in two years or five years AMG decided to sell , which happens a lot with MR projects around the country ; one builds an apartment building , subdivides it , or condos it , AMG is not looking for that kind of option , we are doing it on the front end . Chairperson Grigorov indicated that at some point tonight the Board has to discuss the covenants and the Homeowners ' Association , Attorney Salk mentioned that in a residential zone one does not want it , de facto , to become a rental zone , because each of the individual owners now decide to rent . Attorney Salk stated that the present situation is that it is already an MR zone , so there is a big distinction between those . Attorney Barney offered that there is a difference : in an MR zone where one person , one entity , or one corporation , owns the entire project , and is responsible for every single one of those units in the project , then there is a certain • economic incentive to make sure that all of the units are reasonably good , or they get a deserved reputation that they are not a good place to be , and that is felt economically . Attorney Barney noted that it Planning Board - 17 - September 5 , 1989 is a little different if one has individual units which can be bought • by out - of - town investors , if it is being bought for a student to attend college for a couple of years , and their interests do not necessarily lie in maintaining a particular unit , and particularly in a context where there is not a Homeowners ' Association , which AMG does not want to have , which oversees , and has usually some clout and ability to make sure that at least exterior maintenance is maintained on the property . Attorney Barney stated that Attorney Salk is absolutely proper in making that distinction , but felt that his distinction is equally good on the other side ; it is not an unreasonable restriction to have , even though this was zoned MR to begin with . Attorney Salk stated that he did not think Mr . Auble was saying reasonable or unreasonable , but was saying this was the first time this has come up . . . Attorney Barney interjected that it came up , and was part of , the South Hill Community Association material , in fact , they very kindly pulled out some of the covenants that the Town has insisted on in other areas , and provided them , Tammo Steenhuis , of 266 Pennsylvania Avenue , spoke from the floor and stated that he lives in the oldest neighborhood in the Town of Ithaca . Mr . Steenhuis commented that , right now , they are all students , and when he ( Mr . Steenhuis ) moved in there were all normal people . Mr . Steenhuis said that there were no deed restrictions , and , within ten years , even with the soft market mentioned by Mr . Auble , there are all students , one can count many cars on a Sunday morning , and ten on a Monday afternoon . Mr . Steenhuis remarked that that can happen when there are no deed restrictions . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing at 8 : 55 p . m . and brought the matter back to the Board for discussion . William Lesser , directing his comment to Ms . Beeners , wondered about the distance between the carriage houses . Mr . Lesser remarked that , as he understood it , because they are connected to the main house by a breezeway , they are considered to be a part of the main structure . Mr . Lesser wondered , if they are a part of the main structure and behind the house , aren ' t they in the back yard , and should they , under MR , have 30 feet between that portion of the house and the back yard line , and not the 10 feet as shown ? Mr . Lesser wondered if that was another waiver that was being requested . Ms . Beeners responded that that would represent another instance of where a waiver would be requested from the 30 feet . Mr . Lesser noted that they are not garages ; they are part of the structure . Ms . Beeners agreed with Mr . Lesser . Ms . Beeners stated that almost every distance on the plan between buildings does require a waiver , except for a few places , such as between alleys . Mr . Trowbridge wondered how that was different from any garage . Mr . Lesser noted that what Mr . Trowbridge is saying is that AMG can have what amounts to two structures on the same lot , because it is part of the same structure , and connected by a breezeway . Mr . , Lesser stated that if it is part of the same structure • then it is not a garage . Ms . Beeners said that AMG is requesting that this project be considered a clustered development ,. rather than some of the less restricted Multiple Residence yard requirements , as might Planning Board - 18 - September 5 , 1989 be between . two . 15 - foot garages . Ms . Beeners noted that AMG is losing the ability to really use some of the less restricted MR requirements , AMG is dealing with an absolute 30 feet . Mr . Lesser mentioned that it states a rear yard not less than 30 feet in depth , Mr . Rue stated that , in previous discussions with the Town Planner , he was under the impression that AMG was applying a little of the average height between buildings , in every case , from building to building , Mr . Rue stated that every one of the buildings does meet that rule . Ms . Beeners commented , hypothetically , if one calls this an MR project , rental project , then her opinion was that this project would conform entirely with MR zoning requirments , with the exception of the parking on the road that parallels E . King Road , Ms . Beeners remarked , if this were all rental , how fully does it comply to MR . Ms . Beeners stated that everything looked fine to her , except for that one aspect of the parking on the road . Ms . Beeners noted that AMG is faced with the waiver of the 30 - feet between all buildings , because that supersedes that MR requirement when one gets into cluster , Mr . Trowbridge wondered if that was just two waivers , he thought AMG was asking for building to building separation , which is one issue , and the other issue is connected with some units , Mr . Trowbridge said that he did not see that there was a distinction there ; he seems to think it is the ' same waiver . Ms . Lesser responded that he thought the point was that one waiver was a number of attached dwellings , Mr . Trowbridge said that the second waiver being requested was for building to building separation , Mr . Rue commented that in lieu of • that 30 - foot separation , it is clearly stated on the plan that the averaging of the height between the two buildings is what is being complied with . Mr . Lesser replied that he understood that ; he thought Mr . Trowbridge was talking about the side yard , which is 26 ' and 301 , but AMG is also asking for the rear yard , which is presently 10 ' . Mr . Rue commented that , in that case , the garage to garage dimension of a 24 ' high two - story garage . . . Mr . Lesser interjected that that is MR , cluster is being discussed , At this point , Ms . Beeners stated that she wanted to make a statement of disclaimer on a letter from the AMG group , [ Refer to attached Exhibit 1 . ] Ms . Beeners stated that she did not think it could be said that she and Town Engineer Sally Olsen , agreed with the many points made in the letter , adding , they may have seen some merit in some of the statements , but flat statements of agreement she would disagree with , Ms . Beeners , referring to the aspect of pets , stated that in the Manos original site plan of 1983 , part of the Planning Board ' s requirements were that , indeed , the leases had to state that there be a prohibition against the keeping of cats , commenting , that was when it was a rental situation , Ms . Beeners stated that , as the projectevolved in different versions , and it was up to the duplexes " For Sale " in August 1988 , the covenants and deed restrictions for those duplexes did include at least a leash on all pets , commenting that the language was , indeed , that no pets would be permitted in the common areas , or • on any lots , except within a residence , unless they were on a leash . Continuing , Ms Beeners , noting information for the Planning Board , stated that when the Deer Run Covenants were approved they included a Planning Board - 19 - September 5 , 1989 • restriction that there only be one pet per lot , and that all pets be on leashes when they were outside of the individual lot . Ms . Beeners commented that her question was , at least particularly in looking at the 88 duplex Homeowners ' Agreement , or deed restrictions , why is there a reluctance to have , at least , a restriction on leash , if not given the density of this project to limit the number of pet mammals that would be on the site ? Mr . Auble responded that that would be fine with AMG . Mr . Rue stated that he believed that was agreed to at the meeting held on Monday , September 4 , 1989 . Ms . Beeners wondered if AMG would have a problem with the one mammal pet per lot . Mr . Auble answered that he felt that would not be a problem . Ms . Beeners said that it appeared to her that it is a tight situation , but wondered if it was something AMG could live with . Mr . Auble responded that he felt it ' would affect the marketing of the units , but AMG would be willing to live with it . Ms . Beeners mentioned that she was sure there would be some kind of advisement to any of the people occupying the units where there will be any trespassing over into the Cornell lands , adding that she knew there was a fence provided along a portion of the western side of the project . Ms . Beeners commented that she thought Cornell . Plantations would be especially interested in that , any kind of education program people would know that they could not trespass . Ms . Beeners noted that she had suggested in her review that on the western side of the project , the buffering be beefed up a little bit from just the 10 - foot row of trees and shrubs , and would hope that there would be some way that the developers could work with Cornell Plantations in the restoration of what remains in the buffer • area where there are no plantings , commenting , there actually is a 40 - foot access easement that the developers now hold , and hopefully will try to beef that up , mostly to mitigate some of the visual impact . Mr . Auble responded that that would be something AMG would be willing to work with Cornell on . Ms . Beeners , commenting on the northern area , north of the Type IV units , which would abut the Deer Run property , noted in her review that there should be some additional plantings put there . Ms . Beeners stated that upon looking at the proposed deed restrictions she felt that the intent was really there , that the existing woody plant material , which she believed consisted of some ashes and some vibernums along the north line , would be retained . Ms . Beeners , referring to the parking , stated that AMG had indicated on the plans that were distributed to the Board where parking might be expected on streets . Ms . Beeners stated that AMG is providing quite a bit of parking on the lots themselves , commenting that she and Town Engineer , Sally Olsen , did not expect AMG to fill up all the parking areas on a regular basis , but would expect on any final site plan , if the phases are approved , that there could be more indication of exactly where parking spaces are on the lots , or where they are typically going to be on the lots , so it can be more fully assessed just what type of maintenance need , and signage needs would be necessary for establishing parking , or no parking zones . Continuing , Ms . Beeners noted that the way the plat is now it looks like there would not be much opportunity for people to load up • their garages with junk . Ms . Beeners wondered what type of incentive there would be to have those garages be usable for storage . Mr . Auble remarked that AMG ' s intent was to try to incorporate as much inside Planning Board - 20 - September 5 , 1989 • storage as possible , adding that he thought the typical purchaser of a home of this type tends to not have as many extra things that one might have in a home across the street at Chase Farm „ Mr . Auble offered that AMG does have the garages designed to be a bit oversized , and is also looking to have pull - down storage , which is also being done in the single - family homes , commenting that he thought this helped make the homes more marketable . Mr . Auble said that he felt the same way as the Board regarding open garage doors , they do not enhance the beauty of the neighborhood . Ms . Beeners stated that she assumed that the Board would be able to review some more specific language on the maintenance of the alleys , which she understood would be under some kind of common maintenance agreements . Ms . Beeners stated that she assumed that the sidewalks would be located within the proposed public rights - of -way : that they are going to be maintained by the homeowners . Ms . Beeners mentioned the community corporation in that AMG is showing that they would be endowing it to cover short - falls over a possible five year period , adding , AMG also proposes that an additional amount of money would be used for additional short - fall , and also for improvements of the recreational area . Ms . Beeners stated that she had a concern as to how well that would work , and what mechanisms there might be to guarantee that the Town would not be stuck with something , or the community itself , after the five year period . Attorney Salk responded that the main assurance was that the idea of the park area is low maintenance to begin with , and there is not going to be a community clubhouse , not a miniature golf course ; there is not going to be any of those types of items that • would require a, great deal of maintenance , not only in the short - run , but also in the long - run . Attorney Salk noted that , basically , it would be maintained as a park , so the budget that is set forth in the pamphlet is going to stay a pretty stable budget for the foreseeable future , and there really are not too many other maintenance items that would be of a concern . Attorney Salk said that the number of people and the amount of money that each person has to pay is an extremely modest amount , adding , the projections that have been made are not for a full complement of people . Attorney Salk stated that AMG does not expect it to even be for as long as five years before there is a short - fall , but there will be an additional $ 10 , 000 . 00 endowment over a fairly short period of time , which has no use in the near future , and it is not expected to be used for a short - fall over the projected five years , commenting that it is assumed that money will be invested , so it will be additional money . Attorney Salk stated that if it is not needed for additional short - falls , it is expected that the money would stay in "and continue to earn money . Attorney Salk said that with the projections , it is really just not the five year projection , it is far more than five years . Mr . Rue stated that AMG is actually constructing the park , trail , landscaping , and seeding it to the same standards as one can see the trail constructed on Chase Farm , Attorney Barney wondered what information AMG has that this kind of system would work , commenting that it is one thing to have each homeowner be compelled to join a Homeowners ' Association , and form a • Board of Directors , which sets a fee structure that everybody has to pay , indeed , there is a lien against their house or unit if it is not paid . Attorney Barney wondered what kinds of experiences AMG has Planning Board - 21 - September 5 , 1989 • seen , actually , where a system like this would work where it is basically volunteer . Attorney Barney noted that AMG has a projection that states 134 people paying , and there are 119 units . Attorney Barney mentioned that AMG is really anticipating at least 15 people from outside the subject subdivision . Rick Holt responded that he does know that the 15 people do exist in this area , but he could speak from experience in the Midwest , where these are very common , and typical participation is nearly 80 % . Attorney Barney asked , where in this area do they exist ? Mr . Holt answered that there are some " For Sale " projects in the New York area , such as Binghamton , New York , Chairperson Grigorov wondered what the problem was in requiring membership , the dues are so low she did not think anybody would be upset about paying $ 30 . 00 a year . Mr . Auble felt that the funding was adequate plus the invested funds that are not utilized to , basically , continue . . . Attorney Barney interjected and asked if there were a reason AMG does not want to go to compulsory . Mr . Auble stated that his personal reason , after going through the issue with attorneys , and talking about earlier developments where the initial steps have been gone through , the cost factor that it adds to the homeowner , which is fairly substantial per unit , AMG is trying to get some sort of affordability level . Mr . Auble said that every time a modification is made , it is another substantial cost . Mr . Auble remarked that , even though there is " a Homeowners ' Association , it still is not a guarantee that it would be a perfectly run operation , adding that he has seen condo , as well as homeowners ' associations deteriorate . Mr . Auble stated that he did not think there was a guarantee of any of these • systems being perfectly run . Attorney Barney , directing his comment to Attorney Salk , wondered if there was going to be some common maintenance agreements relative to the alleyways . Attorney Salk replied that further discussions would be held with Ms . Beeners . Mr . Rue offered that AMG is quite confident that that will. work ; there will be easements and each person will be required to keep their . . . Attorney Barney interjected that the reason he asked that question , unless he misunderstands the most recent approach of the Attorney General , the instant AMG does that they are at the Attorney General anyway . Mr . Rue responded that that is why they are looking at the easements . Attorney Barney commented that the instant real property is sold with a compulsory aspect , if somebody has to pay for either common maintenance , his understanding is that , as a developer , AMG is now obliged to give that person an offering plan explaining that , and then off to the Attorney General under any circumstances , but then the question becomes - we have to go for that , why not go for the Homeowners ' Association , Mr . Holt stated that the point would be to not have joint maintenance agreements , they would maintain those just like they would their sidewalk or any other fully owned property . Mr . Rue offered that that has been proven to work in many downtown areas in traditional towns , where people maintain and shovel their own private rear alleys , which are all of 12 feet wide by 21 feet long , and which are shorter than the normal single - family dwelling driveway . Attorney Barney stated that he did not argue about the size , or the cost . Mr . Rue stated that each individual townhouse owner would • maintain his 12 ' X21 ' wide driveway . Planning Board - 22 - September 5 , 1989 Ms . Langhans asked if the alleys would be grass . Mr . Rue answered that they would be gravel . Attorney Barney stated that AMG does not really have a guarantee that the pond won ' t become an albatross , and if there is just a not - for - profit corporation , with nominal charges , and as soon as something major happens , such as freezing over , e . g . , someone is playing ice hockey and lets a puck fly hitting someone in the head , then there is a major lawsuit ; that corporation folds up and disappears , adding , all of a sudden there is nothing anymore to make any provision for the maintenance of that pond . Attorney Salk stated that , of course , part of the obligations of the not - for- profit corporation will maintain sufficient liability insurance . Attorney Barney commented that , - today one may be able to secure the insurance , but tommorow the insurance may not be available . Attorney Barney noted that it seemed to him that there are too many ifs in the future without a real solid guarantee that that corporation will be there to carry the burden of the pond and the surrounding area . Attorney Barney noted that his above comment was his opinion , not necessarily the Board ' s . Mr . Holt stated that AMG can show an example of many such corporations that have been in existence for as long as 15 - 20 years , are just as healthy , and have the same high percentage of participation over 80 % , because of the very factor that they are so affordable , and it is a desirable thing to improve a neighborhood for $ 20 . 00 - $ 30 . 00 a year , as opposed to being subjected to $ 70 . 00 - $ 150 . 00 a month in maintenance fees of a Homeowners ' Association . Attorney • Barney agreed , adding , if the Homeowners ' Association takes on the burdens of external maintenance . Mr . Rue offered that another additional main reason not to have a HOA on this particular site is that AMG does not want that park totally restricted from the neighbors on Chase Farm , which , if it was an HOA it would only be offered to Chase Pond people , commenting , as it is right now , with someone buying on Chase Farm , AMG can show them the plan that there are options to the other contiguous developments for people to participate in , actually join , pay the dues , be able to walk across the street and use that park . Chairperson Grigorov wondered if anyone who had not paid the dues could walk around the pond . Mr . Rue replied that he did not think anyone would keep people from walking around the pond . Mr . Auble offered that the area would be semi -public , there would be a nominal fee , but would get some control , adding that he thought Cornell would like to see some controls implemented . Mr . Rue stated that , essentially , it is a sense of ownership . Mr . Auble offered that the pond has been there unmaintained for 20 years , and it is doing fine . Mr . Auble stated that he felt it would be a vast improvement that should help it continue for another 20 years and on . Attorney Barney said that it is one thing to have a pond in a big open field , and another thing to have a pond surrounded by 119 units , commenting that the usage might be a little bit different . Mr . Trowbridge stated that it is not an unusual concept , if anyone has been to the south shore of Long Island , the beach front does not restrict one from going , but there are discreet signs put up that say : limited to • members of the ' community with permits , adding , what it does is to suggest that there is limited use of the area . Planning Board - 23 - September 5 , 1989 • Ms . Beeners stated that she was expecting that AMG would be refining their architectural design standards for any final site plan approval to cover such things as : whether people could build fences , and what the heights would be , and a bunch of other site plan kinds of things . Ms . Beeners noted that she had recommended in her review to the Planning Board that Section 34 of the Subdivision Regulations does permit the regulation , and it appeared to her that during any course of plat review , e . g . , per phase of this development , the Planning Board may regulate what the exterior characteristics are of the project . Continuing , Ms . Beeners stated that it was her opinion that she did not have too many aesthetic problems with what is proposed as Phase I , but she thought it would be very helpful for the community to see actually what it is going to look like , especially with the extreme length of the townhouse structures , and the distances between buildings , and would hope that the provision in Section 34 of the Sub Regs would permit a fuller evaluation once the townhouses are erected , to see whether , indeed , it is appropriate to have townhouses on the east and west boundaries of the site . Ms . Beeners said that the last thing was that it should be noted to the Planning Board that , at the present time , there are no occupancy restrictions in an MR District , Ms -. Beeners stated that there are , of course , some proposed amendments to the MR District , which will be at public hearing at the Town Board Meeting on September 11 , 1989 , and which would put AMG at a maximum of three unrelated people per dwelling unit in a multiple district , commenting , that is something that no one knows , whether the Town Board would approve those right away on the 11th , or what . Ms . • Beeners stated that that aspect has to be considered , as to whether , indeed , the project should go , at the present time , with no occupancy restrictions , or pending a further determination as to just how the proposed amendments would be resolved . Chairperson Grigorov said that the Planning Board should probably have their own , specific to this project . Ms . „ Beeners noted that the possibilities would be to consider tailoring something now , if it is felt that having no restrictions at the present time would not really work , or , perhaps , have it be deferred until the time of the final approval . Attorney Barney said that he was not sure the Town Board was going to take any action that would impact on this kind of a development , which is kind of a hybrid between multiple and single family . Att orney Barney stated that he felt Ms . Beeners point was well taken , as part of the approval process there should be some tailoring of what occupancy is contemplated for the project . Ms . Beeners stated that in existing single - family residences , in the current regular residence zone , there is a maximum of three unrelated people , adding , in a two - family there is a maximum of three in the entire building . Ms . Beeners offered that this , in a way , dovetails a little bit with what Mr . Lauderdale had summarized . Ms . Beeners remarked that as she understood it , the carriage units would be studio or one - bedroom units . Ms . Beeners stated that she felt what exists on the Board right now for single - family homes might be pertinent in any of the dwellings being discussed . Ms . Langhans commented that that is , effectively , what they are asking for anyway . Mr . Auble said that AMG would be willing • to implement some deed restriction that would be in accord with the Town occupancy laws . Attorney Barney mentioned that the problem is that the future occupancy laws may or may not govern MR . Ms . Beeners Planning Board - 24 - September 5 , 1989 offered that it would be whether it is satisfactory to just say that the occupancy of all dwellings would be governed by the zoning requirements for single - family dwellings . Robert Kenerson asked if any of the previous approvals carry with them anything that would apply to this particular application ; any restrictions , any covenants , etc . , or are they all wiped out ? Chairperson Grigorov replied that she thought they would have to be put in again . Mr . Kenerson stated that he thought it should be made clear , because if they were there before , and will have them again , they should be stated or not stated , adding , if they are out , then the Board is only dealing with what is before them . Ms . Langhans offered that she thought they would probably have to be restated , as to whether they would be the exact same ones . Ms . Beeners stated that she wanted to buy a little time to try to figure out which ones were still pertinent or not out of the old ones , by having it in the proposed resolution , and just keeping it like that , because some things did drop out , overtime , and have been modified . Mr . Kenerson remarked that , in the proposed resolution , just about everything is covered . Ms . Beeners agreed with Mr . Kenerson , except for the cats , adding that the intention was that , if this project was granted a preliminary approval , then there would be the ability to hash out exactly which ones were still pertinent . Mr . Miller wondered if it would have to come back before the Planning Board again . Ms . Beeners said that this would also give the applicant the time to develop more detailed deed restrictions and covenants , as have been proposed , and • those would have to be approved by the Planning Board as part of any final site plan , commenting that AMG has stated their intent to develop further certain restrictions and regulations about things such as , herbicides , satellite dishes , trailers , pets , and a number of other things which would be covered at that time . Mr . Kenerson wondered if this applied to the SEQR ; the Board has approved SEAR , as this is the sixth project on this piece of ground . Chairperson Grigorov replied that it would have to be done again . There appearing to be no further discussion or comments from the Board , Chairperson Grigorov asked if anyone were prepared to offer a motion . MOTION by Mr . Robert Kenerson , seconded by Dr . William Lesser : WHEREAS : 1 . This action is the Consideration of Preliminary Subdivision Approval and Preliminary Site Plan Approval for the proposed " Chase Pond " development , proposed to consist of 119 clustered dwelling units in attached and detached configurations on 23 . 03 acres located on East King Road near Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 311 , Multiple Residence District , 2 . This is a Type I action for which the Town of Ithaca Planning • Board is legislatively determined to act as Lead Agency for Subdivision and Site Plan review . Planning Board - 25 - September 5 , 1989 • 3 . The Planning Board , at Public Hearing on August 1 , 1989 and at Adjourned Public Hearing on September 5 , 1989 , has reviewed the proposed project , application submissions , and staff review . THEREFORE , IT IS RESOLVED : That the Planning Board make and hereby does make a negative determination of environmental significance for this action . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Baker , May , Langhans , Kenerson , Lesser , Smith . Nay - Miller . The MOTION , was declared to be carried . At this point , Mr . Lesser , commenting on the overall project , stated that he liked the concept of the plan , he likes what Auble Homes has done 'on Chase Farm , but he does not like the density of the present proposed development . Mr . Lesser noted that he felt there were a couple of ways to look at it - one is in terms of the numbers : if the land was added back in , that , indeed , was deeded to Cornell , but take out the two acres that are covered by the pond, because when one calculates developable land , water is usually not counted , so that comes out to be 4 . 6 dwelling units per acre . Continuing , Mr . Lesser stated that , if , indeed , the normal 10 % was taken out as recreational • set aside , which is 2 . 8 acres , then it would come up to 5 dwelling units per acre , which is approaching twice what the normal density would be in an R- 15 zone , which is what this was zoned from , and it is certainly consistent with the rest of the neighborhood , and which is , of course , 3 dwelling units per acre . Mr . Lesser offered another way to look at it , in that there has been a lot of talk about- recreational lands in this area , and , indeed , if one looks at a site such as this , it is very possible that with 119 units it could well have 50 children of all ages on the land , and , indeed , additional children have been mentioned as possibly coming across the road from Chase Farm , Mr . Lesser stated that he was not sure where those children were going to go ; there is a nicely designed open area on the access area about the size of a football field , but that is really where one would not want children playing , because there is a development here with the potential of 250 cars . Mr . Lesser noted that he was talking about the entrance area , between the two streets . Mr . Lesser commented that the main area is around the pond , and , if , indeed , one goes to the back side of the pond , that land falls away quite steeply , and goes down very quickly to the brushy area , which is intended , in the deed restrictions , not to be cut , indeed , intended to be part of the buffer with the swamp , adding that in terms of space , one is pretty much limited immediately around the pond where the path is , a little bit of space on [ indicating on map ] " this " side , and a small area right next to the houses on the far end . Mr . Lesser stated that he felt that was really not enough space for the potential number of people . Mr . • Lesser also noted that , given the density of the development in the rest of the areas , then anyone who would be outside their patio would be on that area . Mr . Lesser offered that he felt it was too dense , Planning Board - 26 - September 5 , 1989 • and not enough open space in this area , adding that he thought it would be substantially different from anything else that exists on South Hill now . Mr . Lesser stated that several years ago another cluster arrangement was proposed on West Hill , which allowed , essentially , 3 houses per lot in a somewhat unusual configuration , commenting , if one drives by there , clearly the density , the space , and the general appearance of crowding is substantially greater than it is when things were built at the normal densities , adding that he cannot help but believe that would be the impression that would come from the subject development , if it is , indeed , built in that capacity . Continuing , Mr . Lesser noted that , in terms of justification , he did not think that the concept of affordable housing really applies here , because when most people use that term , and recognizing the work of Assistant Town Planner , Mr . Frantz , he did not think we need people who can afford 20 % down on a $ 95 , 000 . 00 house , that is not normally what is meant by affordable housing , and , indeed , if that is what is being described , one can go right down the hill and buy something like that where the Board did not have to make any accommodations of this sort to provide condo type houses in the area of $ 95 , 000 . 00 - $ 97 , 000 . 00 . Mr . Lesser offered that he thought it was good , but just too much of it . Mr . Auble offered that Deer Run has been studied , and there are very few children there . Mr . Auble said that AMG has test marketed their product sufficiently and feels that there would be very few • children in the development , adding , the people with children opt to go across the road to Chase Farm , which is a single - family home subdivision . Mr . Auble said that he did not agree with Mr . Lesser , but could understand his concern . Mr . Auble noted the fact that AMG is producing owner - occupied dwellings versus high density rental property , which was there when the property was purchased . Mr . Auble stated that he felt AMG was not being given a lot of credit for their effort , risk , and extra expense that is involved in the proposed development ; it would be much less risky to go with a high density plan that was the original Manos ' plan . Mr . Auble felt that the kind of architecture AMG is producing is going to create a lot of pride of ownership , adding , he thought that would offset the fears people have of a deteriorating neighborhood . Mr . Auble offered that the interest of ownership in Chase Pond is coming , right now , from retired individuals , some of whom their younger families are living across the road at Chase Farm . Mr . Auble said that AMG , at this point , has not been approached by one buyer with young children . Chairperson Grigorov , directing her comment to Mr . Auble , wondered if there was a need for a playground ; would there be any place to put one . Mr . Auble mentioned the 7 acre area , in that once it is totally groomed one would see that it is a fairly substantial area . Mr . Lesser asked , if the pond area was taken out , and the area that is going to be set aside . . . Mr . Auble interjected that there would be about a 2 - 3 acre field , plus the areas that AMG has on Chase Farm , and the continuing properties AMG ° has , it is planned to have other large greens , they have been designed into AMG ' s properties , noting that he thought there • would be a dispersion of people to different large green areas , commenting , adjacent to this is probably 60 acres of forever wild land . Mr . Auble said that there . are virtually miles of underground Planning Board - 27 - September 5 , 1989 • pipeline trails that are kept open adjacent to Chase Farm on the upper end . Mr . Auble stated that AMG has given a lot of thought to people for recreational purposes , young and old . Mr . Auble mentioned that there are also a lot of State parks in the region , which are quite close , Mr . Trowbridge stated that the planning standard for 500 families is 1 - 1 / 4 acres on a community park scale . Mr . Trowbridge offered that this is not meant to be a regional park , but it well exceeds any standard for community size park . Mr . May noted that there was a lot of space there that could be made into a small childrens ' playground , if that was desirable , and for larger kids , and adults , there is an awful lot of other things within the South Hill area . Mr . May stated that he felt there need not be a lot of physical space for small children , Mr . Miller. , directing his comment to Mr . Auble , stated that he was going to vote no on this project , and wanted Mr . Auble to know why . Mr . Miller stated that he liked all the projects previous to the present project , and liked Chase Farm , Mr . Auble wondered if Mr . Miller liked the Manos ' project . Mr . Miller responded that he was not on the Board then . Mr . Miller remarked that he was talking about the projects presented by Mr . Auble , and since he has been on the Board . Mr . Miller stated that Mr . Auble ' s professional is terrific , but he • ( Mr . Miller ) believes that zoning laws should be taken seriously . Mr . Miller thinks that the proposed project is too dense , Mr . Miller commented that it is an urban community in a rural setting ; take the Chase Farm Development , and the character of the whole community , then look at the present projects it becomes a little village , if one wants to call it that . Mr . Auble responded that every plan he has had approved .has been for the same number of units , essentially , or something close to it , adding that AMG thinks it is an improvement over the other plan , the other plans have been costed out , and they have not been economically feasible , or . . . Mr . Miller interjected that that is not the Planning Board ' s worry . Mr . Auble responded that the Board has approved every other plan , adding that the proposed project is a variation of other approved plans . Chairperson Grigorov offered that the proposed project is in an MR zone , with Mr . Miller stating that he knows ' it is , but still thinks AMG should stick to zoning , Chairperson Grigorov , directing her comment to Mr . Miller , and referring to the zoning , asked , stick to zoning in what way ? Mr . Miller answered that Mr . Auble is asking for two variances , and it makes the project more dense than he liked to see it . Chairperson Grigorov wondered if Mr . Miller wanted to stick to the MR zoning . Mr . Miller commented that , in the proposed plan , Mr . Auble is asking for two variances , i . e . , side yard variance , and asking for over 6 units on . . . Chairperson Grigorov interjected that , as Ms . Beeners said , if it were strictly MR , then AMG would not need to ask for variances . Mr . Miller stated that he thought the project was too dense ; it is not in character with the rest of the neighborhood . Mr . Miller stated • that he was trying to be up front with Mr . Auble ; he thinks it is too dense , and he would be voting no . Planning Board - 28 - September 5 , 1989 • Mr . Smith stated that because of the density it seems as though it would be very advisable. to have a Homeowners ' Association to maintain the structures that are going to be right on top of each other ; it seems like a voluntary group to oversee things . Mr . Smith wondered who would be responsible for enforcing the deed restrictions . Mr . Auble answered that each homeowner has the option of enforcing the deed restrictions , adding , anyone who wants to protect their property value is going to do that . Attorney Barney indicated that it is not likely that an individual homeowner is going to want to incur , the expense and effort of bringing a lawsuit . Mr . Rue stated that the existing Chase Farm development has an architectural review committee that will review standards , adding , it is an organization that is maintained simply by the deed restrictions , commenting that the community organization would be empowered , again , by the deed restrictions to act in that regard , to legally enforce it . Mr . Smith commented , in other words , a voluntary group would have legal power over those not members . Mr . Rue stated that that organization would act as any other landowner ; if somebody individually did not want to do it , it would be an elected official who , on behalf of the organization , would bring it to the Board , if necessary . Attorney Barney wondered how much money was being put into the voluntary group , adding , an $ 8 , 000 . 00 shortfall would be a much , much bigger shortfall if they had to hire attorneys to go chasing after the next door neighbor , adding that he did not see that programmed into the budget . • Ms . Langhans , directing her comments to Mr . Miller „ stated that the project is in an MR , and if Mr . Auble had stayed with MR he would have had his 119 units all rental . Mr . Auble is asking for a cluster overlay to make this single - family " For Sale " homes , with the same numbers , adding , he is asking for two waivers that would give him homeowners , rather than rentals . Ms . Langhans offered -that she does not see anything wrong with that . Mr . Miller responded that he did not see anything wrong with it either , but he believed that zoning should be adhered to very carefully , and thought that , as a developer , Mr . Auble created his own hardship asking for waivers . Mr . Miller said that hardship to him is not the Board ' s problem , commenting that he knew Mr . Auble spent thousands and thousands of dollars . Mr . Miller stated that he had approved the previous projects . Mr . Miller again stated that he felt the proposed project is too dense ; it does not fit the character of the neighborhood . Mr . Miller stated that he ° viewed the site today . Ms . Langhans stated that it did get the approval for 119 -rental units , because it is MR , so if the rental units were constructed it would be too dense also . Mr . Miller stated that , in his opinion , it is an urban community in a rural setting . Mr . Miller stated that he was a little sensitive to the character of the neighborhood . Mr . Lesser offered that Mr . Auble had stated that the rental market had gone soft . Mr . Miller stated that he does not like this particular project . Mr . Lesser stated that he thought the project was too dense , and , as he looks at it , it either has to be MR or it has to • be clustered . Mr . Lesser stated that if Mr . Auble was essentially coming before the Board with a clustered approach , then under that approach he ( Mr . Lesser ) sees it as too dense . Mr . Lesser noted that Planning Board - 29 - September 5 , 1989 • an overlay indicates how many standard grid pattern places that can go in there for determining the density . Ms . Langhans stated that she was not so sure about the economic pointp , Mr . Auble has a beautiful development across the street , and he certainly does not want to put rental housing across from that , adding that she felt Mr . Auble ' s impetus was not economic , but to go with the homeowner . Mr . Lesser agreed with Ms . Langhans in that Mr . Auble wants to build a clustered subdivision , but it should fit better with our clustered subdivision regulations . Mr . Lesser offered that he could see some variances and some adjustments for the situation , but 60 % over is too much , adding that he thought it would change the view and character of that community entirely , to have that much dense housing in that area . Mr . May mentioned that the density would be 3 units per acre of two family , adding , when one looks at it that way the density is not really any higher . Mr . Lesser offered that one is looking at , actually , how many of the lots are buildable lots . Mr . May offered that he did not think density was the question . Mr . May stated that , personally , he did not think the density was a argument that applies to the project , with the exception that , because of the arrangement , it certainly takes up more ; the footprint of the entire project is larger than a typical MR would be , because of being all single - family homes . Mr . May offered that he felt the project to be a rather interesting concept , and certainly new to the area , commenting that he did not think anyone on the Board had ever seen such a concept . Mr . May said that he had mentioned to Mr . Auble the fact that he really . did not know how the city brought to the country was going to work , but felt that , density -wise it is certainly appropriate . Mr . May stated that he thought AMG has done a very nice job with the layout , although there have been a number of things mentioned tonight that still are of a concern . Mr . May commented that he did not know how one would address the homeowners versus non -homeowners , adding that he thought there were some real questions that have been raised , both from the marketability of the project , as well as concerns from the people . Mr . Auble said that AMG would be willing to look at a Homeowners ' Association . Mr . May stated that he thought the site was a gorgeous , beautiful site ; it is a little different and deserves a try , commenting that he gives Mr . Auble full credit ; he has certainly spent enough money trying to get enough consultants and people in to come up with something for the site . Mr . Kenerson stated that everyone had viewed the site , and he , personally , did not get the feeling that there was too much , and certainly , the Board , over the years, has approved some others that he did not think would be nearly as attractive as this . Mr . Kenerson commented that , to come out of a major project such as this with only two requests for variances is pretty close , adding that he did not think the variances were major . Mr . Kenerson said that , having looked at some of the overall concepts of what AMG is trying to do , expect to do , and hope ' to do in the total area , this would certainly be compatible with what is going to end up there ; it may be off the trail • a bit right now , but it will not be when the rest of the projects are completed . Mr . Kenerson noted that , as Mr . May stated , there are areas here that could be better than just chopping it up into the Planning Board - 30 - September 5 , 1989 • conventional approach . Mr . Kenerson said that he thought AMG has demonstrated , in one of those improbables that one looks at , that they know what they are doing is first class , adding , there has got to be a little bit of merit to that . Mr . Kenerson stated that he felt AMG has gone as far as they can to satisfy people , and answer their questions . Mr . Kenerson stated that AMG is still sticking to their same particular layout , commenting , that should be something for the plan and the concept . Mr . Kenerson offered that he did not feel , given the opening , the views , and the thought that has gone into the project , that this is anywhere near as dense as some other things the Town already has . Mr . Kenerson felt that this project would be an asset to the South Hill community , particularly in the long - run , which the Town is looking for , noting that there has been some others that have not been that swift . Ms . Lesser noted that , for a point of clarification , when he says too dense , he is in no way discrediting the overall plans all he is saying isthat there are a substantial number of places here , and there are some particular waivers required , e . g . , if we were to say : no more than 6 units in a row , we would be able to open up some space in the midst of some of the rather formidable expanse of buildings , like 11 attached units ; perhaps if they could be broken up into two smaller groups , one would get a very different impression in the area , and also reduce the density of numbers of individuals living on that site by some percentage . Mr . Lesser offered that when he says : too much , too dense , it is in that sense , but just in general , open it up • slightly , with the same overall concept , etc . , but just not quite as much of it on this amount of land . Mr . Kenerson offered that when that is done , there is not the same concept . Mr . Kenerson said that when one creates an 11 -unit street row of houses , that is there for a purpose , and if that is split up , there are two dumb looking old apartment houses again . Mr . Miller said that he agreed with Mr . Kenerson , in that that would not be good looking apartment houses ; he is not critizing the architecture ; he likes the architecture ; he likes Mr . Auble ' s professionalism ; he just thinks it is too dense . Chairperson Grigorov asked if there was anyone in the public who wanted to make one last short comment . Mr . Trowbridge commented . that he thought some of the issues discussed tonight are apparent density versus the density allowed by the zone . Mr . Trowbridge said that in some of the earlier schemes AMG did have units that really wrapped the pond , houses that were built on the pond ' s edge , both the north side and the south side . Mr . Trowbridge mentioned that AMG has attempted , in the plan , to free up that whole corner which is the buffer to Cornell . Mr . Miller asked Mr . Trowbridge if he considered the project rural in nature . Mr . Trowbridge answered that he was not sure anything on South Hill was rural . Mr . Miller stated that he considers the whole area rural , not urban . Mr . Auble offered that there is water and sewer available . Mr . Miller responded that he knew . Mr . Miller said that a project • such as this should not be hurried through , with Mr . Kenerson responding that he did not think this project was being hurried through . Planning Board - 31 - September 5 , 1989 • Mr . Lauderdale , of 381 Stone Quarry Road , spoke from the floor and stated that , in talking with the neighbors , everyone is interested in the philosophy that everybody has advocated ; we just like to emphasize that , if one is going to stand by a philosophy that says one wants to have a small townish with neighborhoods , with different people in there , then you should put your money where your mouth is , and allow the affordable housing mortgage company of the State of New York fund even just some of the units , so that people that can afford less than a . $ 95 , 000 . 00 house can move in there . Mr . Lauderdale said that- Mr . Auble ' s revision of his argument ignores the fact that a normal person in the Town of Ithaca does not have 20 % of $ 95 , 000 . 00 to put up front as a down payment . George Frantz , Assistant Town Planner noted that , as Mr . Lauderdale brought up , the 20o is not absolutely necessary . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing at 10 : 15 p . m . and brought the matter back to the Board for discussion . At this point , Ms . Beeners stated that there appears to be another number discrepancy on what is proposed as Phase I . Ms . Beeners said that it does appear that there are 38 main units in the proposed Phase I area , and then 42 total , if one considers where the carriage units are . Ms . Beeners noted that the developers would like • to have some time to nail it down a little bit , it is represented in the EAF as being 36 units in Phase I . Ms . Beeners stated that her main reason for bringing that up again is getting back to why her proposed additional condition is in the Draft Resolution , which dealt with the apparent ability for the Planning Board to require additional provisions or modification during the review of any phase . Ms . Beeners stated that she did not really know how nailed down that first phase has to be at the present time , but has been under the assumption that it went from one alley to another as it is graphically shown , adding that she thought the density would not be over the 42 . There appearing to be no further discussion or comments from the Board , Chairperson Grigorov 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 Preliminary Subdivision Approval and Preliminary Site Plan Approval for the proposed " Chase Pond " development , proposed to consist of 119 clustered dwelling units in attached and detached configurations on 23 . 03 acres located on East King Road near Ridgecrest Road , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 311 , Multiple Residence District . • 2 . This is a Type I action for which the Town of Ithaca Planning Board , acting as Lead Agency for Subdivision and Site Plan Planning Board - 32 - September 5 , 1989 • review , has , on September 5 , 1989 , made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on August 1 , 1989 and at Adjourned Public Hearing on September 5 , 1989 , has reviewed the proposed project , application submissions , and staff review , 4 . The present plan proposes that waiver be granted of the Subdivision Regulations clustered subdivision requirements of a maximum six dwelling units per building , and of a minimum 30 - foot distance between buildings , for many of the buildings and yards within the proposed development , THEREFORE , IT IS RESOLVED : 1 . That the Planning Board waive and hereby does waive the provisions of Article V . Section 32 , Paragraph 6 , to permit the attachment of more than six dwelling units and to permit a distance of less than 30 feet between units , as shown on the Preliminary Plans , having determined that such waiver would represent neither a significant alteration of the purpose of subdivision control , nor an impairment of the policy enunciated or implied by the Town Board in adopting the Subdivision Regulations , • 2 . That the Planning Board grant and hereby does grant Preliminary Subdivision Approval and Preliminary Site Plan Approval for the project as proposed , subject , to the following conditions and requirements . a . Receipt of a report from the Tompkins County Planning Department pursuant to N . Y . State General Municipal Law , Sections 239 - 1 and -m . b . Report of the grant of waiver to the Town Board . c . Approval of the location of proposed roads and other public facilities by the Town Board prior to final subdivision and final site plan approvals , d . Approval of proposed drainage plan by the Tompkins County Highway Department prior to any final subdivision or site plan approvals . e . Approval of proposed deed restrictions and covenants , and the proposed structure for open space management and use ( including approval of the Certificate of Incorporation and By - laws of the Community Corporation ) , by the Planning Board and the Town Attorney prior to any final subdivision or site plan approvals , and by the Town Board prior to any building permit issuance , • f . Compliance with all pertinent conditions and requirements set forth in Local Law No . 3 - 1983 and Local Law No . 3 - 19871 Planning Board - 33 - September 5 , 1989 • and associated Resolution , as the same may be amended from time to time . g . Submission of a letter of credit in an amount sufficient to assure the satisfactory completion of site improvements for Phase I , prior to the issuance of any building permits for Phase I , the amount of such letter of credit to be approved by the Town Engineer and the form of such letter of credit to be approved by the Town Attorney . h . Provision of an easement , in a location to be determined by the Town Planner , for public trail .access as a part of any Phase I of the project . i . The roads proposed for dedication to the Town , and those roads proposed for private ownership , shall be constructed in accordance with Town of Ithaca specifications unless modified with the consent of the Town Engineer and Town Board . j . Approval of a schedule for site landscape and open space improvements by the Planning Board prior to Final Subdivision and Site Plan Approvals , including , but not limited to , the installation or maintenance of proposed buffer plantings and fencing along the periphery of the • site , the addition of buffer plantings along the northeasterly property line , and the planting of additional trees and shrubs under arrangement between Cornell Plantations and the developer on the Cornell buffer land . k . Prior to the issuance of any building permits , the developer shall obtain approval of the Town Engineer for the final site development construction drawings , including landscape plan and schedule as approved by the Town Planner , and shall obtain approval of the final site drainage plan from the Tompkins County Highway Department , 1 . Submission of " as - built " plans showing as -built I mprovements , including utilities , drainage structures , and roadways , for Phase I and any other subsequent phases , prior to any final approvals for each subsequent future phase . m . Indication in the covenants and deed restrictions of limitations to occupancy ( owner - occupied at least 36 out of every 60 months ) . n . Limitation of no more than one mammalian pet per lot , and all such pets to be kept on leashes when anywhere on the site other than the pet owner ' s lot . o . Approval of the form of government of the corporation • operating the open spaces , including provision of compulsory payments to the entity to assure maintenance of the open spaces . Planning Board - 34 - September 5 , 1989 • FURTHER , IT IS RESOLVED : That , pursuant to Article V , Section 34 , of the Town of Ithaca Subdivision Regulations , pertinent to the regulation of exterior characteristics , the Planning Board may , in the review of any application for Final Subdivision Approval for each proposed Phase , regulate the exterior characteristics of any proposed structures or uses in order that the development shall be , in the judgment of the Planning Board , compatible with the surrounding community , such regulation to proceed notwithstanding and regardless of % the approval contained in this Resolution . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Baker , May , Langhans , Kenerson , Smith . Nay - Lesser , Miller , The MOTION was declared to be carried . Chairperson Grigorov declared the matter of the Consideration of Preliminary Subdivision Approval and Preliminary Site Plan Approval for the proposed " Chase Pond " development duly closed at 10 : 34 p . m . PUBLIC HEARING : REVIEW OF PRELIMINARY PLAT APPLICATION MATERIALS FOR THE PROPOSED " CAYUGA LAKE ESTATES " , PROPOSED TO CONSIST OF 43 LOTS • PLUS A 6 -ACRE PARK SITE , AND PROPOSED TO BE LOCATED EAST OF ORCHARD HILL ROAD AND WEST OF N . Y . S . RT , 891 ON TOWN OF ITHACA TAX PARCELS N0 . 6 - 22 - 2 - 2 . 2 , - 2 . 9 , AND 6 - 21 - 1 - 5 , 65 . 9 ± ACRES TOTAL , RESIDENCE DISTRICTS R- 15 , R - 30 . EDWARD J . MCARDLE AND LESLIE N . REIZES , OWNERS ; DAVID A . MCARDLE , APPLICANT . Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 10 : 35 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . Maps were appended to the bulletin board . Ms . Ann Clarke addressed the Board and stated that the original proposal for Cayuga Lake Estates was for 60 units , and noted that the Board had some basic concerns regarding the natural drainage courses on the site , including what is considered to be a stream or ravine on the northern portion of the property , commenting , there were some concerns about crossing that stream from the roadways_ . Ms . Clarke said that the proposal before the Board tonight is for a preliminary plat , and is for 43 lots , which the developers think have gone a long way toward accommodating the concerns that the Board had expressed in the past . Ms . Clarke stated that , for one point , there are no roadways that cross the ravine to the north , nor were there ever any proposed . Ms . Clarke said that the developers have accommodated , by the natural roadway alignment , and the only drainageway that is being intercepted and rerouted at all is what would come out of the drainage • swale on Orchard Hill Road that now comes down a road ditch , just extended along a road ditch , so the natural drainage on the site is being retained and can be accommodated either in side lot lines for Planning Board - 35 - September 5 , 1989 • drainage easements , or drainage easements that allow for buildable lot area within the lots . Ms . Clarke offered that the drainage easements are predominantly 20 ' easements , there is a 50 ' easement along Indian Creek , and a 30 ' easement along the ravine to the north , adding that they are all restricted from any construction within those easements . Ms . Clarke stated that the roads , as designed , meet the 100 or less than the 10 % standard that the Town has in place , except for one small [ indicating on map ] link " here " that crosses the NYSEG right-of - way , which is at about 12 - 1 / 2 % , adding , that grade is needed in order to keep a grade and that grade crossing for the NYSEG line for the NYSEG right - of -way . Ms . Clarke noted that the developers intent in doing that is to accommodate the Town ' s future interest in providing a bikeway system along the right - of -way , along with the State ' s interest . Ms . Clarke stated that the project is still proposed to be served by public water and sewer . Ms . Clarke offered that the sewer system design , at this point , will feed by gravity to a series of pump stations , [ indicating on map ] , one " here " one " here " " here " ,here and the fourth one " here " , which would pump it out into orchard Hill Road to the Hospital sewer , then down to the Ithaca Area Wastewater Treatment Plant , Ms . Clarke offered that , in terms of additional access at the site , which is something the Board has requested in the past , the • developers do provide a right - of -way to the Fiser property , which is a landlocked parcel , and that right - of -way would provide for additional development on that site in the future . Ms . Clarke stated that the developers provide for a right - of -way into the 6 . 1 acres of park land that are being dedicated , commenting , there is a 20 ' ingress , egress easement to the 4 . 8 acre out -parcel . Ms . Clarke stated that staff comments have suggested that at the end of Orchard Hill Road Extension there should be another 25 ' easement provided to the park , adding , that is something the developers would be more than willing to accommodate . Ms . Clarke offered that in terms of the open space , the area that has now been delineated for the park encompasses some of the older vegetation on the site and a significant portion of the ravine area , which would protect , it as has been the Town ' s interest in the past . Ms . Clarke said that the lots , as proposed , conform to the minimum requirements of the Town code , and / or can conform to those , adding that there is apparently some consideration that parcels No . 21 - 23 along State Route 89 may not conform , although the developers have been assured that there is adequate lot depth there from previous survey maps , commenting , that is something that can either be resolved in the final plans , or request the necessary variances from the Board , in order to accommodate that minimal lot depth distinction . Continuing , Ms . Clarke mentioned out - parcel A , which has been a question or clarification that the Board is interested in , noting that the out -parcel right now is where the major pump station is supposed to be located , and the way it is designed , or the way it will end up • being designed , would be part of the right - of -way to the road , and the pump station is proposed to be dedicated to the Town , so it would be part of public - owned properties ; it will not be an out -parcel per se . Planning Board - 36 - September 5 , 1989 • Ms . Clarke mentioned the out -parcel to the north , the undeveloped 4 . 8 acres with the ingress and egress from the end of Highview Lane , which she understood the Board to have a concern with the name as there are too many similar names in the Town , adding , the developers suggest the name Deer Path , Ms . Clarke [ indicating on map ] said that the 20 ' ingress and egress to " this " out - parcel is proposed to be retained by the developer , there is no intention of development or future subdivision at this time , Ms . Clarke stated that the developers have been in sort of a concept stage review for quite some time , adding , what was submitted for preliminary plat is what the developers understood to be a preliminary plat requirement from Article VI , Section 36 , of the Subdivision Regulations , which delineates a check list for preliminary plat . Ms . Clarke noted that , since that time , the developers have been informed that there is some additional engineering work that the Town would like to see , in order to have a preliminary plat approval . Ms . Clarke stated the developers ' concern is that , in order to provide that additional engineering work , to do the geotechnical studies that need to be done to actually do the design of the water and sewer system , and the road profiles , is an extensive project , adding , to not have tied down the basic alignment of the roadways , and the basic configuration of the lots , the developers are very much at risk in providing that additional type of information . Ms . Clarke stated that the developers would like to suggest the consideration of a • preliminary layout with the developers providing all the additional engineering reports and information required for a final plat approval , Ms . Clarke noted that some sort of preliminary approval or agreement is needed of a layout and a design on subject parcel . Ms . Clarke , pointing out another factor , offered that the vegetation survey done on the site indicated that there were some areas of significant older vegetation , commenting that the developers have accommodated a large portion of that by proposing to dedicate the 6 . 1 acre parcel as park space . Ms . Clarke stated that there are additional parcels , roughly parcels 7 - 10 " here " , parcels 11 - 17 " here " , and 18 - 20 " here " , that would also have deed restrictions and restrict the size of trees that could be removed from the site . Ms . Clarke stated that the developers propose that the restrictive covenants include that a percentage of the lot area be restricted from clearing , and , in addition , a restriction be placed that trees of a certain size not be taken off , adding that the Town is interested in setting aside a minimum or maximum square footage that could be cleared , commenting , the developers think that is extremely restrictive to the property owners , and the potential developing of the site , adding that 50 % or a factor in that character is something that would be a lot more flexible , and something that would achieve the same goals . Ms . Clarke stated that the development has gone from a 60 -unit proposal to a 43 - lot proposal , and the lots range in size from over 30 , 000 square feet to 1 - 1 / 2 - 2 acres , adding , the configuration is designed to accommodate the natural drainage on the site , and the slope on the site . Ms . Clarke noted that the appended sketch is one that the Board asked for • in terms of showing what the access , in terms of a profile , might look like in some of the steep portions of the site . Ms . Clarke said that there was a concern as to what the grade of the driveways might be , Planning Board - 37 - September 5 , 1989 • and [ pointing to map ] " this " is one of the steeper areas of the site , noting that the developer can provide setting a house , just at the minimum set -back . Ms . Clarke said that the profile of the road is just under 12 % in terms of a driveway grade , Board Member Stephen Smith , referring to Happy Lane , wondered about the access , Assistant Town Planner George Frantz responded that the reservation of a right - of-way to Happy Lane is even more critical now , in light of the Route 96 decision , and given the fact that one is looking at 25 years of land use circulation planning on West Hill that has gone down the drain , although there is a necessity , possibly , for a road that follows the contours , and Happy Lane would be a part of that , Ms . Clarke , referring to Happy Lane , stated that in the original proposal for Cayuga Lake Estates , the developers were advised by the Board that there were significant concerns in crossing any of those ravines , in terms of maintenance concerns and costliness of the bridges that would go over the ravines , Ms . Clarke said that , if a right - of -way is provided on Happy Lane , and the Town intends to annex to a parcel that is already platted , then the Town is doing what they have advised the developers as not a good idea to do . Ms . Clarke stated that the other concern is , if that type of a connection is made , given the traffic patterns , the development would become a thoroughfare , commenting that she did not think it was the Town ' s • intent , in their policy , that local subdivision streets become major thoroughfares to that extent . Mr . May asked , where would it become a thoroughfare to ? Ms . Clarke answered with , the connection to Route 89 from the Hospital , Mr . Frantz stated that it would be a connection between a number of possible residential developments in that areas it would not be a thoroughfare . Ms . Clarke wondered how many units it would serve . Ms . Beeners responded that , right now , there is a long dead- end situation on Indian Creek Road . Ms . Beeners , [ indicating on map ] pointed out the over 1000 - foot cul de sac requirement , adding that the right - of -way provision be - made so that , at the minimum , there could be the relief for the existing residential street right " here " . Ms . Beeners mentioned that , as " these " properties get developed , there would be an additional , and more primary road connection , either coming down to Route 89 , through the property behind the Odd Fellows , the Hospital , or perhaps even using the old Hospital access heating plant road , but it would be very unwise , at the present time , not to plan for a contingent connection right [ indicating on map ] " there " , with the intention that , finally , there would be something that would serve the remainder of " this " area : Chairperson Grigorov asked if there were anyone from the public who wished to comment , Kitty Mattes spoke from the floor and stated that she and her husband , Max Mattes , both own property at 1081 Taughannock Blvd . Ms . Mattes noted that they had been asked by several of their neighbors to • represent them regarding some of the concerns . The neighbors are as follows : Roger & Sue Dennis of 1075 Taughannock Blvd . , Charles & Paulette Baxter of 1085 Taughannock Blvd . , Dorothy & James Spencer of Planning Board - 38 - September 5 , 1989 • 1071 Taughannock Blvd . Ms . Mattes stated that everyone would like a lot more information , noting that 43 lots are a lot . Ms . Mattes wanted to know if the houses are one - family , or multi - family . Ms . Mattes stated that , on each one of the 43 lots they are assuming that there would be , maybe , three or four people living there , and , hopefully , there are not going to be apartment houses . Ms . Mattes wondered how many people were involved as to the hook -up with the water / sewer system . Ms . Mattes stated that they assume there is an environmental impact statement that they would be allowed to see and study . Ms . Mattes stated that everyone thinks that the impact statement and thorough study should be made of how steep the hill is where the development is going to be built , because it is way up above the Lake , commenting , if it is on a hill then everything that happens on the hill will wash down into the Lake , such as salt from the blacktop running into the Lake . Ms . Mattes stated that , in her opinion , this whole thing is an outrage ; she cannot believe that everyone can sit at this meeting and say that someone can come into this community and buy 65 acres , cut it up into pieces , wreck it , and then say they are going to give back six acres as a park , when the whole place should stay exactly the way it is . Ms . Mattes stated that she thought this was too high a concentration of people in this area ; this is not the best use of this land . Ms . Mattes , referring to the traffic , said that she thought it was very interesting that everyone thinks about where the cars are going to go , adding that she thought about all the school children , commenting that she thought all the children ' s parents should be invited to " these " meetings . Ms . Mattes • remarked about the impact in that notices have been sent to all the adjacent neighbors , but this will impact on people far and away , more than is being admitted . Ms . Mattes stated that she thought that all of the people who live on the Lake should be involved , and should be sent notices announcing the meeting . Ms . Mattes wondered who was going to pay for the sewage treatment , garbage pick - up , and the roads . Ms . Mattes stated that , in conclusion , they think that the plan will overload the land , and would like to know whether everyone thinks . that the wildlife that live in the 65 acres , the trees , birds , deer , species of insects , and plants are just in the way . Ms . Mattes said that they are not alone in their outrage ; there is a new understanding illuminating the whole country ; there is a higher power that ownership of land ; one cannot just do whatever one wants just because they have the money to buy it ; one has to be responsible , one has to be accountable to the neighbors , to future generations , and to the whole planet . Mr . May , directing his comment to Ms . Beeners , wondered about the Town ' s publication procedure . Chairperson Grigorov stated that , actually , there were other neighbors at previous meetings . Mr . May stated that it has been published in the newspaper a number of times , because the proposal has been before the Board several. times . Mr . Mattes stated that the notice he received for tonight ' s meeting went to his lake property and they live at 101 Irving Place , Ithaca , NY . [ Secretary ' s Note : Notice of Public Hearing was mailed to 101 Irving • Place , Ithaca , NY 14850 - Refer to the Affidavit of Service by Mail , whereby notices were mailed to the adjacent neighbors on August 29 , 1989 . ] Ms . Langhans offered that public hearings have been held Planning Board - 39 - September 5 , 1989 before , and other neighbors have come in . Ms . Mattes stated that she had called the neighbors she knew about , but she did not know about all the people all around ; there could have been a hundred people here . Mr . Mattes , of 101 Irving Place and also the summer residence at 1081 Taughannock Blvd . , spoke from the floor and stated that his concern was with the steep hill . Mr . Mattes mentioned that his cottage was right smack in the middle of where the drainage would flow , in fact , it would be about 8 " from the cottage . Mr . Mattes said that he is not so much concerned with the water , but has a concern about the significant amount of salt that he expects people to put on the roads , and which would come down the hill . Mr . Mattes is also concerned about the amount of herbicides and pesticides . Mr . Mattes stated that , in his opinion , a 12 % grade in the wintertime is a very significant grade . Ms . Clarke stated that the 10 % grade can be met , but they are proposing to stay with the 12 - 1 / 2 % , in order to make it easy grade crossing at the NYSEG right - of -way , adding , if that is , indeed , a condition that the Board wishes to place on the project , then the developer can make the Town ' s recommended standard for grade on that section of [ indicating on map ] road . Chairperson Grigorov noted that some of the points raised by Ms . Mattes were sort of basic to the whole idea of ever developing any • land , adding , if one does not own it , there are legal possibilities for people who do own it , to build houses on it . Attorney Barney offered that the law is : there is a Zoning ordinance and it authorizes a certain level of development , adding that the Planning Board would be subject to an Article 78 proceeding if a plan were not approved that otherwise meets all. of the requirements . Attorney Barney said that the Board cannot decline to approve a plan simply because it is adding additional people , which would be , in effect , taking the property without compensation . An unidentified voice from the public wondered if there were anything that indicates these would be single - family homes . Chairperson Grigorov responded that they would be single - family homes . Chairperson Grigorov stated that all the Planning Board members walked the site last spring , and saw all the ravines with a lot of water going down in several different areas . Ms . Langhans noted that the project has been changed quite a bit since it was first started . Chairperson Grigorov offered that she thought it was a very beautiful piece of property . Ms . Clarke mentioned that , if it meant the developers were in a position to come even close to making some sort of determination , in terms of the layout , and / or preliminary consideration of the layout that the developers could proceed with , in terms of engineering , then • a condition that would be acceptable , in terms of that preliminary agreement , would be to provide a 60 - foot right - of -way to Happy Lane . Planning Board - 40 - September 5 , 1989 Mr . Frantz , directing his comment to Ms . Clarke , wondered what the difference in elevation would be between Falling Water Drive at 10 % grade , and the railroad bed . Ms . Clarke responded that there was a cross - section at one point , and it was nowhere near at grade ; there needs to be a slope , if one were to continue a bikepath over it . Mr . Smith wondered who would own the undeveloped 4 . 8 acres out - lot . Mr . McArdle answered that his father , in the future , would be building a house on that site . Mr . Kenerson wondered about access to the 4 . 8 acres . Mr . McArdle replied that there is a 20 - foot access which would be a private road . An unidentified voice from the back of the room noted that the developers had raised the issue of a pumping station . Ms . Clarke stated that the original proposal was to feed gravity to a line that is into Taughannock Blvd . , but , unfortunately , that line goes farther down the hill and runs into a road block at a pump station , before it gets into the sewage treatment plant . Ms . Clarke said that the stumbling block of that pump station is not something that the Town and the City can accommodate right now , so the developers are gravity feeding down the hill , and pumping back up to a line that can accommodate the flow . Ms . Clarke said that the pump station would be built to Town specs . Ms . Beeners offered that the actual design and specs of the pump station is another piece of information that is lacking from this proposal . • Monty May stated that he still has a great deal of concern about the proposed layout with the streams , adding that he did not feel that the streams have been adequately addressed , as to their size and their potential . Mr . May , referring to Lot No . 18 , stated that he has no doubt that a house can be set in there somewhere , but would it really make sense with the stream with the spring run - off ? Mr . May stated that he thought some of the streams are pretty major streams ; they are not little creeks , as has been noted in some cases . Mr . May stated that he did not think there has been adequate recognition of just exactly what potential for damage there is . Mr . McArdle , referring to Lot No . 18 , stated that the developers actually took two lots and combined them to make one lot . Ms . , Clarke offered that Lot No . 18 is almost two acres in size . Ms . Clarke stated that the present layout has taken into consideration the concerns expressed in the past , in terms of re - routing the streams , or changing the water courses , and the design that is before the Board shows the only stream that is re - routed out - flows from a drainage ditch along Orchard Hill Road , otherwise , the natural forces are to be retained with 20 - foot easements , restricting any construction , and preserving the flow , or the ability of those streams to carry the flow . Mr . May commented that Lot No . 18 may have been a poor choice , but look at Lot No . 20 . Ms . Clarke responded that Lot No . 20 has a 50 - foot set - back from the lot line , which is more than enough room to accommodate the set - backs for a building , and not encroach on [ pointing to map ] " this " stream . Ms . Clarke offered that the developers ' intent is to provide adequate • area for those streams to function as they do now . Ms . Clarke stated that the flow that comes off the site is such that it will not increase the peak run - off ; the design of the drainage is such that Planning Board - 41 - September 5 , 1989 there will not be an increase of the peak run - off off the site . Chairperson Grigorov wondered if there were a way to avoid using salt . Ms . Clarke stated that the roads would be dedicated to the Town , commenting that she did not know the Town ' s policy in terms of de - icing . Mr . May remarked that at 12 % one has to use something . y1r Mr . Lesser wondered if he was correct . in saying that the Orchard Hill Road cul -de - sac lies right on top of one of these culverts . Ms . Clarke noted that the easement the developers were referring to that the Town requested is coming between Lot Nos . 10 and 11 . Ms . Beeners stated that the recommendation is that there actually be deeded to the Town access at both locations because , at the present time , that park space would not be usable for very much , except for a zigzag trail to get up there to have some decent grades . Mr . Lesser asked that someone give him an opinion on the feasibility of putting a culvert under an entire cul -de - sac right at the end of Orchard Hill Road . Town Engineer Sally Olsen responded that it appears to her that the water is coming down , and coming south a little ways , crossing at the throat of the cul -de - sac , running around the cul -de - sac to the north , then continuing east , so it is not going under the entire cul -de - sac , and the pipe would not be any longer than any other cross - culvert . Mr . Kenerson offered that he thought Mr . Lesser was wondering if the culvert was adequate . Ms . Olsen answered that it would be adequate for a 25 - year storm , but she was not totally certain . Ms . Olsen stated that a full drainage study would be required from the project ' s engineers . Ms . Clarke stated that one of the things the developers will also provide , when there is a layout that is acceptable , will be an erosion sedimentation control plan that will be used during the construction , adding that one of the requirements in - -the deed restrictions on the easements is that those swales be maintained . Mr . McArdle stated that their intention , right now , and depending on what the market is , is to sell lots , adding that they have talked about a joint venture with some builders to build on some of the lots . Mr . McArdle stated that the developers would have control over whatever is built there . Mr . Lesser , directing his comment to Ms . Olsen , wondered what was required at this point ; it was mentioned that road profiles were required , but what about test borings ? Ms . Olsen responded that test borings are not something that are commonly required ,. Ms . Olsen offered that , as part of preliminary layout , both hortizonal and vertical alignments are required . Ms . Olsen noted that there is a table of road grades , but no vertical ' curves , adding that she has no idea how much it would be cutting from the existing ground elevations along the center lines of the roads , commenting that that not only would be of great interest to her , but also to the Board in general . Ms . Beeners referred to the Subdivision Regulations , Article VI , Section 36 , in which it states : " Four dark - line prints of improvement plans and information , if improvements are required . " Ms . Beeners noted that that leads to Section 38 which talks about the type of • detail that may be required . Ms . Beeners said that determination of environmental significance has to be made at this time . Ms . Olsen Planning Board - 42 - September 5 , 1989 • stated that profiles for water / sewer are commonly expected for preliminary plat . Mr . May stated that he cannot , in good conscience , approve this preliminary on this site with a drop of 40 - 50 feet going up the hill , on relatively small lots , and then it is compounded with a fairly major stream crossing going through the middle of it . Chairperson Grigorov , directing her comment to Mr . May , wondered if he thought that the road outline , as it is , has possibilities . Mr . May responded that he did not know . Mr . May stated that there are two things on a culvert , one , the flow of water has to be accommodated at the maximum condition it is designed for , commenting that these are heavily wooded lots , and there is an awful lot of brush that flows through there ; when there is a high flow there will be a lot of debris going through , causing a dam , which can do tremendous damage . Attorney Barney wondered what the solution would be : building bridges , as opposed to culverts . Mr . May responded that he did not know , but , right now , he thinks there are too many lots for the site . Mr . May stated that , somehow those streams have to be accommodated so they are not restricted . Mr . May suggested that somebody should do a legitimate study of just exactly how much water it is to find out whether or not culverts are a realistic possibility . Mr . McArdle stated that the developers never proposed to build anything that would not be technically feasible . Mr . May again stated that there are more lots on this site than he would like to see , however , if someone • demonstrated that all of it could be done technically , and reasonably , then he probably would back off somewhat . Mr . May stated that he , could not , in good conscience , approve a preliminary tonight . Chairperson Grigorov noted that this was a Public Hearing and asked if anyone present wished to speak . No one spoke . Chairperson Grigorov closed the Public Hearing at 12 : 03 a . m . and brought the matter back to the Board for discussion . At this point , Ms . Beeners stated that what some of the current comments related to is the fact that variances would still be needed , based on the information that would be the most accurate , on the 3 lots on Taughannock Blvd . , as well as for the proposed undeveloped out - lot A . adding , the minimum frontage at the maximum front yard set -back is deficient on the out - lot . Attorney Barney stated that , in terms of subdivision approval , the subdivision approval requires the lot to be on a platted road . Ms . Beeners offered that it would be a variance from the frontage requirements in an R - 30 zone , and it would also be requesting that Section 280 - a of the Town Law be met . Ms . Beeners mentioned that clustering on the land had been discussed with the developers . Ms . Beeners stated that the above variances would be required on the 3 lots , but she would maintain that the limitation to 12 , 500 sq . ft . of clearing is really the best way to minimize impacts - visual and also land impacts . Ms . Beeners stated that there cannot be any further recommendations made until more information is presented related to the engineering . Ms . Clarke asked for clarification as to what would ` satisfy the preliminary engineering . Planning Board - 43 - September 5 , 1989 Ms . Olsen responded that horizonal curve information is already on AutoCad , which shows the radii of the curves , and the curve information should be able to become available . Ms . Olsen , referring to the sanitary profile , stated that there already is topo , and invert elevations for every manhole . Ms . Olsen said that the road profiles show proposed and existing profile along the center lines with vertical curves , with vertical curve information . Ms . Olsen stated that , based on what is brought in for preliminary plat , she would have to make a recommendation to the Town Board that it should be approved as drawn , adding , if the information is not there , then she cannot make the recommendation . Stephen Smith offered that a problem the developers would have , if the lots are not made bigger , is that there would not be an awful lot of options on where the houses could be placed on some of the lots with the streams going through them . Ms . Beeners stated that she had received a letter from Leslie Reizes , dated 8 / 25 / 89 , and in which he states that , indeed , the lots he has may be included in the project . [ Letter attached hereto as Exhibit 2 . ] Ms . Beeners said that she believed the Board has to know about the actual dimensions of the properties before any preliminary plat approval can be granted . Secondly , Ms . Beeners noted that the Board • has to know which project it is included in , because Mr . Reizes ' letter of August 25 , 1989 indicates to her that it is still probably included in both . Ms . Beeners noted that the third item is that it is somewhat pertinent to this subdivision , because there are some access concerns related to how one would get up and down from Route 89 . There appearing to be no further discussion , Chairperson Grigorov asked if anyone were prepared to make a motion . MOTION by Robert Kenerson , seconded by Virginia Langhans : RESOLVED , by the Town of Ithaca Planning Board , that the " Cayuga Lake Estates " matter be adjourned , sine die , to allow time for further information to be submitted . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , Miller , Smith , May , Kenerson , Lesser . Nay - None . The MOTION was declared .to be carried unanimously . Chairperson Grigorov declared the " Cayuga Lake Estates " matter duly adjourned at 12 : 16 a . m . OTHER BUSINESS : • Chairperson Grigorov stated that it has been suggested that the Board reserve one meeting per month for developing refinements to the Planning Board - 44 - Sep tember ' 5 , 1989 planning process . Ms . Langhans offered that the Planning Board would have one meeting a month for public hearings , and the other meeting would be for the Board to discuss planning in general . STATUS REPORT , TOWN OF ITHACA COMPREHENSIVE PLAN REVIEW REPORT , Ms . Beeners stated that the Sub - Committee sent the consultants back to make some revisions . Ms . Beeners noted that there will be a Sub- Committee meeting on September 26 , 1989 , adding that she was not sure , but it would be a real close bet whether the draft would then be sent on to the Planning Board , STATUS REPORT , PLANNING DEPARTMENT WORK . No discussion . CONSIDER PLANNING BOARD SCHEDULE , Ms . Beeners offered that she would be on vacation September 27 - October 4 . Ms . Beeners wondered if it was the general consensus of the Board that at least 50 % of the regularly scheduled time of the Planning Board be devoted to dealing with Comprehensive Planning matters . Mr . Smith asked , can we afford that much time ? Attorney Barney offered that he thought the Board would be better off setting it up as originally suggested : one meeting for public hearings , and • one meeting to discuss planning in general . Chairperson Grigorov indicated that there was an agreement in concept for the meetings , but that she and Ms . Beeners would discuss its DISCUSSION OF TOMPKINS COUNTY GENERAL PLAN UPDATE ( AUGUST 9 , 1989 WORKING DRAFT ) There was no discussion on the above -noted topic . Discussion will be held at a later time , due to the lateness of the hour . It was announced that the Town of Ithaca Planning Board will NOT meet on Tuesday , October 17 , 1989 . The Town of Ithaca Planning Board will meet next at 7 : 30 p . m . on Tuesday , OCTOBER 24 , 1989 . ADJOURNMENT Upon Motion , Chairperson Grigorov declared the September 5 , 1989 , meeting of the Town of Ithaca Planning Board duly adjourned at 12 : 30 a . m . Respecctfully submitted , Mary . Bryant , Recording Secretary , • Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . f � • • Pira E =a Itlii i i . Auble I Ilhmca . \ea 1'crk 1 - f5 (` tL 'OJLl > :a'4!•F-;6 :C'r J..1 g.:.d,._l.ys ....w.ltw:: 60-1 -273-42211 FAX 607-273-5290 a 1 SUMMARY CHASE POND PLAN REVIEW AUGUST 28 , 1989 T0 : Ms . Susan Beeners Ms . Sally Olsen FROM : Harrison Rue DATE : August 31 , 1989 PRESENT : Susan Beeners , Sally Olsen , Peter Trowbridge , Dave Auble , Rick Holt , Harrison Rue Thank you for spending the time both in meeting with us Monday and in completing your review of the project to date . The review process has been very thorough • and the plans have undergone substantial modification since their original conception in May . It is our understanding that we have now provided suffici- ently detailed information to expect Preliminary Subdivision Approval next Tuesday and that any further clarification will be provided before Final Subdivision Approval . The following points were raised and clarified at the meeting on Monday . 1 . You asked us to show the location of any proposed on street parking and wondered specifically about parking for the tenants of a carriage house unit attached to an end townhouse . We noted that every house or townhouse has at least two spaces on site , but agreed that showing street parking locations , particularly on the "A" road , would be appropriate . We have modified the plan to provide parking on the "A" road , show on street parking , and show on site parking at carriage units where appropriate . You also asked us to consider a minor re -alignment of garages at the sideyard houses on the final plan . 2 . We reminded you that the project should include the buffer at the west for the purposes of open space calculations . . This was subdivided from the property as part of the ButterField approval in 1988 . Including this area in the calculations brings the open space to 45 percent . 3 . As a way of demonstrating the perceived visual density of the project in • relation to the rest of the neighborhood , we showed you a visual comparison by overlaying over our architectural elevations a scaled drawing of the two bi - level ranch houses closest to the site . This demonstrated the two houses together are only about six feet shorter than our nine unit townhouse building and the width of the green is almost exactly the same . EXHIBIT 1 • Thus the long buildings are not out of scale , and the people residing in them gain the benefit of a large usable park area . You agreed that this showed efficient space planning . We also showed you that the two long .ranch houses occupy almost exactly the same space as our block of four sideyard houses : This is a direct comparison of the King Road streetscape . Since those two ranch houses are rented duplexes , each of these schemes house four families . In fact , the space between those ranch house garages is 26 feet 8 inches , less than that between some of our sideyard houses . You agreed that this demonstrated highly evolved planning with careful attention given to efficient space utilization and usable private and public activity areas . 4 . We showed you several previous plans for the site . Many of these were approved and all were at the established density . All but one of these plans were for large rental units , most with parking lots reminiscent of the apartment complexes in the neighborhood of Pyramid Mall . On several of these plans , most or all of the buildings were 150 feet to 180 feet long and blocked most of the views on site ( our nine unit townhouse is 189 feet long ) . Several showed buildings and roads to the west of the drainage swale and below the pond , including that most recently approved . We also showed the original Beacon Hills plan from 1973 : This is the project that built the pond , built the drainage swale ,. and built all the slabs and foundations that • we recently removed . Many of these were to the west of the swale and pond and into the buffer . Almost all of these plans were at the established density - -of 119 units . 5 . We also showed you two variations of plans , both site plans and elevations , from December 1988 from the Lessard Group , another award winning national planning firm . You had met with these planners when we were testing their ideas . These two separate schemes explored a more " organic " zero- lot line approach with curving roads , total site coverage , including below the pond ; unusable , ill-defined open areas behind units , and less space between the zero- lot units than our sideyard houses allow . You agreed that these plans in particular demonstrated several of the benefits of the traditional grid plan that we have proposed ; less site coverage , vastly larger usable open space preservation , defined private yards , organized views , and a cohesive plan that presents an attractive " face " at the entry and along King Road . You also agreed that we have sufficiently explored other alternatives and that we have presented a highly developed and efficient land use plan that is appropriate for the site . 6 . We also demonstrated that the project design conforms with the intent of the original Manos agreement and with most or all specific items it included . We have amended the design several times over the past months at your suggestion to accomplish this . Specific attention has been paid to drainage , buffering , additional plantings or fencing , and deed restrictions mandating • compliance with Town leash laws , noise and occupancy ordinances , etc . 7 . We also showed you the in progress schematic designs for the townhouses and sideyard houses . We have two separate firms working on this to promote diversity : Cornerstone Architects are designing the townhouses and two versions of the sideyard houses and Lee Temple is designing sideyard houses EXHIBIT 1 for Chase Pond and a slightly larger version for the frontage lots across King Road at Chase Farm . This unit will serve to unify both sides of the road and also supply an intermediate size single family home that will bridge the market between the two projects . We showed you pictures of the other homes under construction on Chase Farm to demonstrate the success of our efforts : providing an architecturally diverse but cohesive community at a reasonable cost . Our homes are being designed or adopted by local architects in accordance with the Architectural Standards developed for us by the Duany Plater- Zyberk group , after close examination of the existing architectural fabric of the greater Ithaca area . The basic units are then easily modified with changes in porches , roofline , and exterior trim to provide semi - custom homes at affordable prices . This same approach will be taken with the sideyard -houses we showed you for the Chase Pond site . 8 . You asked for clarification of initial phasing . The first phase area , six acres , as shown in the EAE corresponds to the 36 units shown on the phasing map in the current project . booklet . This would include the two nine unit townhouse blocks defining the central green , and the block of eight and ten sideyard houses to the east and west . The engineering for the project is • currently designed as a whole system . Dividing the actual infrastructure up into phasing plans will require further consultation with our engineers , NYSEG , Bolton Point , NY Telephone , ACC , the Health Department , and the Town Engineer . This information will be presented in final form for Final Subdivision Approval of Phase I . 9 . We have agreed that in addition to required final plat and final engineering plans , we shall supply the following information at Final Subdivision Approval : The first phase plan shall more clearly show the actual planned building outlines and driveway configurations . Current architectural plans and elevations shall be provided for informational purposes . - Utility .and infrastructure plans shall be cleared with the Town Engineer . - Proposed by- laws of the Community Corporation that will maintain and regulate the open space - A complete list of proposed Deed- Restrictions - A list of permitted and restricted plants for the common area - Proposed agreements regarding maintenance of sidewalks and street trees HR : PLB EXHIBIT 1 1 FRIEDLANDER, FRIEDLANDER, REIZES, JOCK & LITTMAN, P. C. ATTORNEYS AND COUNSELLORS AT LAW 425 PARK AVENUE POST OFFICE BOX 109 WAVERLY, NEW YORK 14892-0109 (607 ) 565 - 8155 TELEX: 386062 CABLE : " INTERLAW" FAX: (607 ) 565-8485 August 25 , 1989 Ms . Susan Beeners Town of Ithaca Planning Board 126 E . Sececa Street Ithaca , New York 14850 Re . Cayuga Lake Estates Dear Ms . Beeners : This is to confirm the statement I made at the planning board meeting where I presented the sketch plan for the lot across the street from my house on Taughannock Boulevard . At that time , I told the board that we stand by our last letter to the board in the Lake Cayuga Estates submission to the effect that the lots on Taughannock Boulevard may be included in the Lake Cayuga Estates project . This will also confirm that it is still our position that the lot lines shown by the Carl Crandall map previously supplied to the board are correct and that there is sufficient lot depth to permit subdivision without a variance . Very- truly yours , Les ie N . Reizes LNR / mlk cc : David McArdle , Esq . EXHIBIT 2 . . . . . .. .... . . . A FIDA177 Or TVE.I.?C. AT14?+• THI ITHACA JOURNAL TOWN OF ITHACA _" figurations on 23.03 'ocres Ic PLANNING BOARD '- ':=-_,7`,Icoted on East`Kiing"Road nec NOTICE OF PUBLIC HEARINGS :aRidgecrest Road; Town of Ithc TUESDAY, AUGUST 1 , 1989 - :co Tax ` Parcel - - No. -. 6-44- 1 � , .�� CC ---�.• _ By direction of the Choirmon � 4. 31 ] , . Multiple Residence Di: of the Planning Board; NOTICE%rtcict.t Qoy id C.,Auble,< Owne IS HEREBY GIVEN, that Public r.ButterField 'Associates I, Appl t 7 Hearings will. beheld , by the' ,'cants s.v' 14 6a�l_ °� l E. n+: . ..___ . . _.. :__ . . _ . ._._. .. . .__. . . . . . 1xt= t Ceti �:.. , dC�' S =S Planning Board of the Town ofJ'Said Planning Board will c Ithaca on Tuesday, ' Augusttimes `an said place he: 1989, in 'Town .Holl , ;126 Eostj all persons` in support of suc tom = 34NOst est lit rmsi M LI •� M. Gor'.>_^ t;' Ln -,, Mt ! Lf wtsc � L:1 � Seneca Street, Ithaca, NY a1 Smatters.oi :objections theret< - the following times.and on the , Persons `mdy 'a"ppe,ar by age: following matters: , or to person f twoo : . : tett bt tt�.�k� C _ .� ��... .._.._. �_ -- - - — . .._ . ._ . .. .. _ ..... .._. .. . a H eTo or ler or i' Jea rr . ... . ' 7 : 30P. M. Consideration of F I Subdivision Approval f e ropose "Hac erry , : h , ` , .273- 17� a - T� Irs +► e.,t �1Jt� wl a pg,4bLc D�k'S'? o � p^„ttti. lnA.. pIwm 1. . Preliminary Subdivision, ' granted � July 27 x1989 P y . Lane" nar Subdivision A • . . bBoard -. ' . . . proval ,. . ._ . . �� � _ o May16, d pro- I t^�£ L 2: ": ZD .'�i 't.Z`.'a4 �- - pt itF'Sy2 :� Uie � X &C 1 IL trUe Pose single-} at3� , I . :DG family Clot aon� a96. 43 acre por- • :_ ;r., _.'-: - -----. —... . ..- - � � .«,_ .. . :-- - - - - - - tion of Town of Ithac" Tax Par-1 : . .:, ; . tom` cel b-31 - 3 05 es R �� L lE: 'tiC �: o. 1 . 1 , 44. acr. _.-_ ,— ..���: Z_ F,�, "' � !fit •• total, located located' dt 144 Coy Glen', Roa a V ' ✓► �' Mile Drive,, near e, Residence District he cornei of , _ -} • • •-•—••. R-30. .Thomas Richard and Clare Hinrichs , Owners ;; Thomas Richard/Coy Glen As sociates, Appl icant . (Ad- journed f July. 18 1989. ) r .J r ts' ~ .�. ' O S - ; � . t° -to the Town I 7: i. tr _,t-`� i .- L5rt r = .. v '� OD fLayA Recommendation 'Z "—"""-"-"" Board with respect to a pro- posed local law amending the ` l Zoning Ordinance e e tiv to the occupancy af , dwelling _ . . ... ,... = _• . _ �.. ' •,.._ r .'...' � . .__...._.._ ..Aunits. l CMir. Monsideration ' MM - ...... poaoproposed sp ac parcel fromTow co Tax Parcel No. 6-33-3-2. 2, _ . .. .. .GE t -`,� L ^ 2. , ► . '., . ; L. ;_ - . . _. . "". . . 88plus/minus acres total, lo- d h f 8 Elmira Road, - i. ''tea✓ _ . . _ . .__ . . .. , . _. __ .---- --• - � . . . .. of Subdivision. Appproval. . . 1for the proposed .0 of a .,. _ A1C :: . _. ._. __ __._... .. 6.33-3-2. 41xsP - 0'►.^"V C tjZoo : :;, aces tTown tl�all,, located at 6114 EIS E JEAN ORD mira Raad, far consolidation ' into said proposed 1 . 15 acre , ,. - - 1NOtary. PUbIIC, : State Of I�JeW `YO�C. . . parcel, and further, Consider- ation of Site Plan Approval for No. 4654410 the proposed construction of a OU., uon�eweprropo ed 117 acre Qualified , in Tompkins warehouse on C nt - 5 s - : Commission expires May 31; 19 . consolidated parcel. Light n dustrial District. Farland and - Robert Mancini, Owners of :. Parcel No. 6-33-3-2. 2; Thomasf`f : : i '- ' -• + - - - • y. .`:.; and Martha Bell, T & M Conve- i;.: ' r=, - nience of Ithaca, Inc. , Owners _ P z of o 6-33-3-2 _ Parcel N 4 _ PreP. M. Appderation of liminary ) Subdivision Ap='_- ' proval and Preliminary Site t; Plan Approval foi the pro r; posed "Chase Pond" devel opment, proposed to consist - } of 119 clustered dwelling units k = ih 'attached and detached con- i r _ . . � . _ . . - - -- - - _ 5 .. -`]!.•'4�• .� :'.:.VY'3�'.-i)CG-"`.:':_[�.T='f. .r.-cw ,d . . ._.. . . .. . . ... ..._ . .. . r. Sc -...>_ .. .y1/.r r .. .. .. _ _. . 1. S• .. .14 ✓u . .. .. ♦ .