Loading...
HomeMy WebLinkAboutPB Minutes 1989-10-03 4 TOWN OF ITHAa Date rMWN OF ITHACA PLANNING BOARD d , nNew"hon WNW • OCTOBER 3 , 1989 The Town of Ithaca Planning Board met in regular session on Tuesday , October 3 , 1989 , in Town Hall , 126 East Seneca Street , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairperson Carolyn Grigorov , Virginia Langhans , James Baker , Stephen Smith , Montgomery May , Robert Kenerson , William Lesser , John C . Barney ( Town Attorney ) , George R . Frantz ( Assistant Town Planner ) , Sally S . Olsen ( Town Engineer ) . ALSO PRESENT : Harrison Rue , Gene Wilcox , Harlin Schock , Josephine Richards , Paul Richards , Tom Niederkorn , Don Sweezy , George Schlecht , V . DelRosso , S . B . Canaday , Peter Trowbridge , Chris Granozio ( WHCU ) , Mayfred Hirshfeld , Myrtle Whitcomb , Ron Simpson , Carl Sgrecci , Dick Perry , Ray Ackley , Ronnie Young , Nancy Ostman , Marty Newhart , Ted Bosworth , Ed Hallberg , Dennis F . Spencer , Kevin Candee , David C . Auble , 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 the Ithaca Journal on September 25 , 1989 , and September 28 , 1989 , respectively , together with the Clerk ' s Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion , as appropriate , upon both the Clerk and the Building Commissioner of the City of Ithaca , upon the Clerk of the Town of Danby , upon the Tompkins County Commissioner of Planning , and upon the applicants and / or agents , as appropriate , on September 26 , 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 . NON-AGENDA ITEM A copy of the September 1989 Report of Building / Zoning Activities was distributed to each of the members of the Board . PUBLIC HEARING CONSIDERATION -OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL OF A PROPOSED 528 SQ . FT . CLASSROOM ADDITION TO THE KINGDOM HALL OF JEHOVAH ' S WITNESSES , 1201 DANBY ROAD , TOWN OF ITHACA TAX PARCEL NO , 6 - 36 - 3 - 1 . 1 , 2 . 41 ACRES TOTAL , RESIDENCE DISTRICT R - 30 , CONGREGATION OF JEHOVAH ' SWITNESSES , OWNER ; HARLIN SCHOCK , AGENT , Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 7 : 40 p . m . and read aloud from the Notice of Public Hearings as g posted and published and as noted above . Planning Board - 2 - October 3 , 1989 • Mr . Harlin Schock addressed the Board and stated that the proposed is to construct an addition on the north side of the building which would be a continuation of the roof line , with no structural changes . Mr . Schock said that the addition would make more of a square building which would be exactly as the south side . Mr . Schock stated that , basically , the purpose of the addition is to enlarge the women ' s room and the men ' s room , and for a classroom . 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 7 : 43 p . m . and brought the matter back to the Board for discussion . 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 Dr . William Lesser , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of a Recommendation to the Zoning Board of Appeals with respect to a request for Special Approval , pursuant to Article V , Section 18 , Paragraph 3 , of the Town of Ithaca Zoning Ordinance , of a proposed 528 ± sq . ft . . classroom addition to the Kingdom Hall of Jehovah ' s Witnesses , located at 1201 Danby Road , Town of Ithaca Tax Parcel No . 6 - 36 - 3 - 1 . 1 , Residence District R- 30 . 2 . This is an Unlisted action for which the Town of Ithaca Zoning Board of Appeals has been legislatively determined to act as Lead Agency in coordinated review . The Town of Ithaca Planning Board N s an involved agency in coordinated review . 3 . The Planning Board , at Public Hearing on October 3 , 1989 , has reviewed the proposed site plan , environmental assessment form and review , and other submissions related to this proposal . 4 . The Town Planning Department has recommended that a negative determination of environmental significance be made for this action . THEREFORE , IT IS RESOLVED : i . That the Planning Board recommend and hereby does recommend to the Zoning Board of Appeals that a negative determination of environmental significance be made for this action . 2 . That the Planning Board , in making its recommendation to the Zoning Board of Appeals , determine and hereby does determine the following : • a . There is a need for the proposed use in thero osed location , p p w Planning Board - 3 - October 3 , 1989 • b . The existing and probable future character of the neighborhood will not be adversely affected . c . The proposed change is in accordance with a comprehensive plan of development of the Town . 3 . That the Planning Board report and hereby does report to the Zoning Board of Appeals its recommendation that the request for Special Approval of the proposed addition to the Kingdom Hall of Jehovah ' s Witnesses be granted . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Kenerson , Lesser , Smith . Nay - None . The MOTION , was declared to be carried unanimously . Chairperson Grigorov declared the matter of Consideration of a Recommendation to the Zoning Board of Appeals with respect to the Kingdom Hall addition duly closed at 7 : 45 p . m . SKETCH PLAN REVIEW : CONSIDERATION OF ROAD DESIGN FOR THE PROPOSED " SHALEBROOK " SUBDIVISION , AT 1138 TRUMANSBURG ROAD , TOWN OF ITHACA TAX PARCEL NO . 6 - 27 - 1 - 11 . 2 , 152 ± ACRES TOTAL , FOR WHICH A SKETCH PLAN WAS • REVIEWED BY THE PLANNING BOARD ON APRIL 18 , 1989 , AND WHICH IS PROPOSED TO CONSIST OF A FIRST- PHASE 21 - LOT SUBDIVISION , WITH TOT LOT , ON 30 ± ACRES , WITH POSSIBLE FUTURE DEVELOPMENT AND ADDITIONAL PUBLIC OPEN SPACE ON THE REMAINING ACREAGE . RICHARD AND JO PERRY , OWNERS ; THOMAS NIEDERKORN , AGENT , Chairperson Grigorov opened the discussion on the above - noted matter at 7 : 46 p . m . and read aloud from the Agenda as noted above . At this point , Board Member Lesser commented on the letter addressed to Chairperson Carolyn Grigorov , and Town Planner Susan Beeners , dated September 23 , 1989 , from Richard A . and Mary Louise Perry , Mr . Lesser noted that the letter seemed to express some uncertainty with what the function of a Sketch Review is . Mr . Lesser stated that it is an effort on the Board ' s part and on the Perrys ' part to streamline the process , but it in no way limits or commits the Board to anything . Mr . Lesser added that it should not be taken as an approval , or disapproval , of the plan that is presented . Mr . Lesser felt that the role of Sketch Plan is a little bit misinterpreted as having more authority than it really does . [ Letter attached hereto as Exhibit 1 . 1 Mr . Carl Sgrecci approached the Board and stated that he is a son - in - law of Mr . /Mrs . Perry , Mr . Sgrecci offered that he resides at 1130 Trumansburg Road . Mr . Sgrecci stated that it was his understanding that the Perrys have been trying to get back on the • Agenda with a preliminary plat for the Shalebrook development project , adding , the issue now is the magnitude of traffic that the proposed Riley Drive should carry . Mr . Sgrecci said that they had originally A • Planning Board - 4 - October 3 , 1989 • proposed what they saw as a village street , which would , basically , carry traffic to and from the homes involved , and probably something in the neighborhood of 25 - 30 mph type of traffic load . Mr . Sgrecci said that he understood there is some concern about whether or not the proposed Riley Drive should be a larger highway that would somehow ultimately connect to a more extensive road system , going from Route 96 by the Tompkins Community Hospital , and then farther south to Five Mile Drive . Mr . Sgrecci noted that the issue had been discussed at the Sketch Plan level back in April 1989 , but they felt that type of highway was being considered for another location farther west of the Shalebrook development . Chairperson Grigorov stated that as she understood it , no one is trying to change the position of the road , but to have a higher level design criteria , which would allow traffic to flow at a higher speed . Town Engineer Sally Olsen stated that , for a road to be safe at 30 mph one can have reasonably sharp curves , and reasonably sharp vertical curves also . Ms . Olsen noted that the proposed Riley Drive is expected to connect into a system where it would be more of a collector - type road . At this point , Assistant Town Planner George Frantz held up a 1959 road net -work map . Mr . Frantz offered that , at that time , there were two road connectors on West Hill , one beginning approximately at • the corner of Bundy Road and Trumansburg Road , and going straight south to Elm Street , Mr . Frantz noted that there was another one starting at DuBois Road , coming via Hopkins Road , then swinging southeast to the intersection of West Haven Road and Mecklenburg Road , and down to Coy Glen Road . Mr . Frantz pointed out , for everyone ' s information , the Perry Farm . Mr . Frantz offered that the present plan concept would start just south of the Mayer School driveway entrance , curve up through an existing right - of -way where Riley Drive is currently proposed , then continue down through the Perry property . Mr . Frantz [ indicating on map ] stated that , as " these " areas develop the road would be continued through to Elm Street . 0and at some point in the future , the City has discussed a possible joint - project , Mr . Frantz said that it is not seen as a Route 96 type arterial , or any sort of state highway , it is seen as functioning as a connector road similar to Warren Road and Triphammer Road ; streets which carry predominately automotive traffic . Mr . Frantz stated that the Town is looking to design a road now , so that in the future the road can handle the type of traffic that Warren Road and Triphammer Road are handling now . Mr . Sgrecci said that when one talks about a road that will , perhaps , not see a beginning and ending point for another 20 years , and the Board wants to make provisions now for gentler curves , he wondered what the Board had in mind in terms of what impact that would have on the different types of Town specifications for the construction of the road that is being proposed at the present time . • Ms . Olsen stated that it is expected that the road be built to the current highway specs . Mr . Frantz offered that the Town sees it as being a Town Road . Mr . Sgrecci stated that reference had been made to Planning Board - 5 - October 3 , 1989 • a 45 mph speed limit on the road , commenting , the Board is talking about a change in the way the road curves . Mr . Sgrecci stated that he is concerned about the cost and the type of construction , with Ms . Olsen responding , that would not be any different ; it would be just the same roadway section for Riley Drive as it would for the road to the west . Mr . Sgrecci asked about the Williams Creek crossing , in terms of the type of bridge . Ms . Olsen replied that it would not be any different . Mr . Frantz offered that the road would be designed to the standard specifications ; it is just the hortizonal and vertical alignments . Mr . Sgrecci said that their fundamental concern was changing the nature of what they are trying to create in the community , which is the fact of losing a neighborhood street . Mr . Sgrecci mentioned Route 96 traffic . Mr . Frantz offered that the State said that they were not going to build a new Route 96 . Mr . Frantz commented that , when it is operated under the assumption that there would be a new Route 96 , it could be seen as siphoning off regional traffic , down off West Hill , through the City , and out to wherever it is going , adding , without a new Route 96 in the works , if there cannot be a connection down into the City , or at least down to Route 89 , from the Hospital area , then it has to be viewed as what does it mean for a direct connection all the way through . Mr . Frantz remarked that he thought the issue of the direct connection from the Hospital area down to the Valley has to be made as part of the Comprehensive Plan process . • Mr . Sgrecci said that he felt there has been a delay , in terms of securing preliminary plat approval for the project , because the Board has some reservations about approving the proposal until it is known what to do about the road . Mr . Frantz commented that he thought it should happen from Route 96 to Mecklenburg Road , and thus , the 45 mph specifications should be required , as proposed in the resolution . Mr . Frantz stated that the proposed project could go forward at this time , without having resolved what is going to happen south of Mecklenburg Road . Mr . Sgrecci wondered if there were other alternatives available to the Perrys so that they could maintain a small , low traffic community . Virginia Langhans stated that she did not think the Board should lose the opportunity that is presented before the Board . Ms . Langhans commented that Ithaca has lost a lot of ground by not planning roads years ago . Mr . May stated that he very much agreed with Ms . Langhans . Mr . Frantz offered that the project can still go forward and still keep the type of development that was orginally envisioned . Vic DelRosso of 138 Bundy Road spoke from the floor and stated that he hoped the Board was not spending too much time and taxpayers ' money on the road . Mr . DelRosso noted that he is opposed to the 45 mph road . Mayfred Hirshfeld of 122 Bundy Road spoke from the floor and stated that she was opposed to the 45 mph road . PTs . Hirshfeld • commented that she was concerned about the safety feature . Chairperson Grigorov noted that someday there will be a lot of traffic on the road , whether or not it is designed properly for it . - Planning - Board - 6 - October 3 , 1989 Mr . Kenerson asked about the major change in what is proposed . Ms . Olsen responded that the curves would have to be straightened out , and some of the lots would have to be rearranged . Mr . Sgrecci again wondered about any alternatives . Mr . Thomas Niederkorn spoke from the floor and commented ,that he thought the Perrys would have to go back and start the design process again ; obviously , they would not have to start from zero , but would have to start pretty much from the beginning . Mr . Niederkorn said that the realignment of the road would be a serious concern . Stephen Smith , directing his comment to Ms . Olsen , wondered what the life expectancy of a road is . Ms . Olsen responded that it depends on what kind of maintenance problems there are , but the average life expectancy of a road would be 50 - 70 years before it would need re - construction , with 10 - 15 years for repaving . There appearing to be no further questions , Mr . Sgrecci stated that the Perrys would come back before the Board with a new plan . Chairperson Grigorov declared the discussion of road design for the proposed " Shalebrook " subdivision duly closed at 8 : 35 p . m . PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL AND FINAL • SITE PLAN APPROVAL FOR PHASE I OF THE PROPOSED " CHASE POND " DEVELOPMENT , SAID PHASE I PROPOSED TO CONSIST OF 36 LOTS WITH 36 PRIMARY DWELLING UNITS AND UP TO 6 ACCESSORY DWELLING UNITS , AND 7 ± ACRES OF OPEN SPACE , AND FURTHER , CONSIDERATION OF FINAL SITE PLAN APPROVAL FOR PHASE I PUBLIC UTILITIES . THE OVERALL PROJECT RECEIVED PRELIMINARY SUBDIVISION APPROVAL AND PRELIMINARY SITE PLAN APPROVAL , WITH CERTAIN CONDITIONS , ON SEPTEMBER 5 , 1989 , AND CONSISTED 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 N0 , 6 - 44 - 1 - 4 . 311 , MULTIPLE RESIDENCE DISTRICT . DAVID C . AUBLE , OWNER ; BUTTERFIELD ASSOCIATES I , APPLICANTS . Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 8 : 36 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 . Mr . Peter Trowbridge approached the Board and stated that there were really three parts to the presentation tonight . Mr . Trowbridge commented that the first part has more to do with the process , adding that the second part has to do with a number of plan revisions that have been worked on with the Town staff . Mr . Trowbridge said that the third part is really a clarification of the number of issues in the Planning Board Proposed Resolution of October 3 , 1989 . Mr . Trowbridge remarked that the first issue is not related to the plan , but to the process , commenting that , as one can see from the letters addressed to Susan Beeners and Members of the Planning Planning Board - 7 - October 3 , 1989 • Board , dated September 15 , 1989 and September 22 , 1989 , ButterField Associates have been working with the Town staff to look at Final Subdivision Approval and Final Site Plan Approval . [ Letters attached hereto as Exhibit 2 . 1 Mr . Trowbridge stated that it was advertised as a Phase I only , commenting that that was a surprise to the developer , because all the correspondence and discussion with Town staff pointed to the entire property . Mr . Trowbridge said that one of the issues in looking at the entire site , rather than a portion , was that with a Homeowners ' Association it is imperative that there be a consideration for all the open space , rights -of -way , common utilities , the roads , because that will be looked at as a comprehensive scheme for the HOA . Mr . Trowbridge said that more utility work would be required than just the Phase I , as shown on the map . Mr . Trowbridge stated that the developer is clearly asking for the Phase I Approval tonight , which has been advertised , and discussed in the resolution , but the developer would certainly like some kind of guarantee from the Board , since the work has been submitted to staff , approved , and reviewed numbers of times , that ButterField Associates would be on the next Agenda for the plan in its entirety . Mr . Trowbridge said that the last point was in regard to the Proposed Resolution , as to the objections the developer has in several of the issues . Attorney Barney stated that Mr . Trowbridge knew that • the Town Planner Susan Beeners , who is actively involved in the project , was not going to be present tonight , and , consequently , she is not here to respond to any of the comments . Attorney Barney stated that he recommends that the Board not tamper with the Proposed Resolution ; if the developer wants the final approval , then it will have to be taken with the stated conditions in the Proposed Resolution , - and probably any others that are proposed , rather than argue about them . Attorney Barney stated that , otherwise , it can be adjourned until. November , when Ms . Beeners can indicate the reasons she wanted certain conditions . Chairperson Grigorov noted that this was a Public Hearing and asked if there were anyone from the public who had any comments or questions . Nancy Ostman , of Cornell Plantations , spoke from the floor and wondered about the Homeowners ' Association , in that she was not clear whether it is a mandatory organization now . Attorney Barney replied that it will be clear . Ms . Ostman was concerned about the protection of the South Hill Swamp . Ms . Ostman wondered about the pet issue , as there was an agreement with Bill Manos , the former owner , and the Board approved previously that there would be no pets on this site . Ms . Ostman remarked that at the Preliminary Site Plan Approval there was going to be one pet , now it looks like there are going to be two pets . Ms . Ostman stated that she wanted to make it . real clear that the Prairie Warbler is still on the site ; she saw it and heard it this • Spring , commenting that it goes on and off the buffer , and is right behind the pond . Ms . Ostman stated that she felt that protecting this rare species is important . Ms . Ostman stated that she would prefer Planning Board - 8 - October 3 , 1989 • that there were no pets on this site . Ms . Ostman commented that two pets seemed excessive to her . Ms . Ostman said that her final concern was with the play area , as she felt the density was too high . Ms . Ostman stated that she realized there is a buffer , and a lot of open space , but it is not play space . At this time , Assistant Town Planner George Frantz , directing his comment to Ms . Ostman , stated that he happened to be looking at Peterson ' s Bird Guide regarding the Prairie Warbler , Mr . Frantz remarked that it was his understanding that the Prairie Warbler is not native to this area ; it is native . . farther south and east of here , adding that , actually , maybe the reason it is here is because it is actually expanding its range . Mr . Frantz asked Ms . Ostman if she could give the Board more details . Ms . Ostman responded that , no , she could not , she was not an expert on birds , but her understanding was that it is rare locally . Ms . Ostman stated that it was her understanding that its habitat was contracting . Ms . Ostman said that she could not address that , but would be happy to have someone who can , inform the Board . Ms . Ostman stated that it was her understanding that the Prairie Warbler was native to this area . Attorney Barney , directing his comment to Attorney Salk , wondered what area is now going to be considered the common area to be conveyed to the Homeowners ' Association . Attorney Salk responded that it would be the whole pond park area , the center green , and the little park to • the right [ pointing to map ] . Attorney Barney mentioned that anyone who buys a unit is obliged to become a member of the HOA . Myrtle Whitcomb of 233 Troy Road addressed the Board and stated that there are a number of covenants and restrictions that have been deemed important , either to the neighborhood association , to the Cornell South Hill Swamp , to the developer himself , or from the Planning Board` . Ms . Whitcomb wondered how the covenants and restrictions that have been deemed important are protected ; how easily they may be changed . Chairperson Grigorov replied that it would be a 3 / 4 vote of the homeowners . Attorney Barney offered that it would have to be approved by the Town Board , or the Planning Board , of any change , regardless of what the other requirements may be . Ms . Whitcomb wondered if , in that case , would there be a public hearing type of sceniaro ? Attorney Barney answered that he did not know if there would be one necessarily , he thought that the fact of the matter was that there ' probably would be a public hearing , because it usually comes in in the form of a modification of a site plan . Attorney Barney noted that if it was at the Planning Board level there would be a public hearing , but if it is at the Town Board level it is not inconceivable that it might happen without a public hearing . Ms . Nancy Ostman wondered about some of the restrictions on the property that were part of the Town law previously , adding that she would feel more comfortable if they remained part of the Town law . Ms . Ostman said that there are some changes that would be much more • difficult to make than others . Attorney Barney responded that the approval , no matter how it comes about , of the Declaration of Bylaws , does not alter the Local Law ; that takes in a legislative act so that Planning Board - 9 - October 3 , 1989 • to the extent there is something more restrictive in the Local Law that applies , that would continue to apply . There appearing to be no one else from the public who wished to speak to this matter , Chairperson Grigorov closed the Public Hearing at 9 : 25 p . m . and brought the matter back to the Board for discussion . At this time , Assistant Town Planner George Frantz stated that his understanding of the process for the proposed project was that it is a two - step approval process . Mr . Frantz said that the developer is seeking Final Subdivision Approval for Phase I tonight , and , in addition to ' that , Final Site Plan Approval for that Phase . Continuing , Mr . Frantz mentioned that the developer would like , in November , the Consideration ofFinal Subdivision Approval for the rest of the project , ' but not the Final Site Plan Approval . 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 . Montgomery May , seconded by Mr . James Baker : WHEREAS : 1 . This action is the Consideration of Final Subdivision Approval • and Final Site Plan Approval for Phase I of the proposed " Chase Pond " development , said Phase I proposed to consist of 36 lots with 36 primary dwelling units and up to 6 accessory dwelling units , and 7 ± acres of open space , and further , Consideration of Final Site Plan Approval for Phase I public utilities . 2 . This is a Type I action for which the Town of Ithaca Planning Board , acting as Lead Agency for Subdivision and Site Plan review , on September 5 , 1989 , made a negative determination of environmental significance . 3 . The Planning Board , at Public Hearing on October 3 , 1989 , has reviewed the proposed final subdivision plans , final site plan and proposed phasing plan , and other application submissions . THEREFORE , IT I'S RESOLVED : 1 . That the ,, Planning Board waive and hereby does waive the provisions of Article V , Section 32 , Paragraph 6 , of the Town of Ithaca Subdivision Regulations , to permit the attachment of more than six dwelling units , to permit a distance of less than 30 feet between units , and to permit a proposed future bus stop within the buffer area as shown on the Final Plat and Final Site Plan , 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 . Planning Board - 10 - October 3 , 1989 • 2 . That the Planning Board grant and hereby does grant Final Subdivision Approval and Final Site Plan Approval for Phase I of the proposed " Chase Pond " development , said Phase I proposed to consist of 36 lots with 36 primary dwelling units and up to 6 accessory dwelling units , and 7 ± acres of open space , and further , Final Site Plan Approval for Phase I public utilities , subject to the following conditions and requirements : a . Approval of the " Proposed Declaration of Covenants , Conditions and Restrictions for Chase Pond Community Corporation " , the " Proposed Certificate of Incorporation for Chase Pond Community Corporation " , and the " Proposed By - laws for Chase Pond Community Corporation " , including provision for compulsory contributions for control and management of the open spaces , by the Town Attorney prior to the issuance of any building permits , and by the Town Board prior to the issuance of more than twenty - two ( 22 ) building permits , the developer understanding that if the Town Board fails to approve same the initial twenty - two permits may be revoked . b . Approval of the final site drainage plans by the Tompkins County Highway Department prior to the issuance of any building permits . c . Submission of a letter of credit in an amount sufficient to assure the satisfactory completion of site improvements for Phase I , and submission of a phased improvements schedule , approved by the Town Engineer 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 the letter to be approved by the Town Attorney . d . 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 . e . Prior' to the issuance of any building permits , the developer shall obtain the approval of the Town Engineer for the final site development construction drawings for all of Phase I including final road , water and sewer plans , profiles , and specifications , and drainage improvements . f . Construction of temporary two -way access roads in the vicinity of the easternmost and westernmost proposed alleys in Phase I , or , in lieu of such temporary two -way access roads , that the proposed Blackmer Way and Whitlock Way be extended as far as the proposed Underwood Place and Newhart Place , and that those roads or sections of roads be constructed with an all -weather surface to specifications • approved by the Town Engineer . Planning Board - 11 - October 3 , 1989 • g . Prior to the issuance of any building permits , the landscape plan and schedule shall be approved by the Town Planner , including , but not limited to , satisfactory plantings in the easternmost area of the proposed open space adjacent to the later - phase IV - a units , and the design and installation of plantings and fencing near the proposed pavilion . h . Prior to the final approval for additional dwellings subsequent to those proposed for Phase I , the schedule for completion of the buffer plantings along the east and west property lines of the site shall be approved by the Planning Board . i . No structures shall be permitted within the proposed buffer areas except for the proposed future bus stop , which shall be subject to final site plan approval by the Planning Board . j . Execution of an easement in a location subject to final approval by the Town Engineer and Town Planner for public trail access prior to the issuance of more than 22 building permits for Phase I . k . Submission of " as -built " plans showing as - built improvements including utilities , drainage structures , and roadways for • Phase I and any other subsequent phases , prior to any final approvals for other proposed final site development after Phase I . 1 . The final subdivision plat to show Phase I and to be otherwise in a form satisfacroty to the Town Planner and Town Attorney before signature by the Chairperson of the Planning Board . m . Compliance with all pertinent conditions of Local Law No . 3 - 1983 and Local Law No . 3 - 1987 , and associated Resolutions as the same may be amended from time to time . n . Common areas be conveyed to the Homeowners ' Assocation to occur upon transfer of title of first lot . FURTHER RESOLVED : 1 . 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 sturctures or uses in order that the development shall be , in the judgement of the Planning Board , compatible with the surrounding community . • 2 . That , in the granting of certain approvals herein , including the approval of water and sewer plans for an area larger than that Planning Board - 12 - October 3 , 1989 • area occupied by Phase I final site development , the Planning Board is not encumbered in its ability to require modifications to the subdivision plan. and site plan for any additional lots or dwelling untis proposed to be constructed subsequent to those of Phase I . 3 . Prior to any final subdivision or final site plan approval for Phases subsequent to Phase I . the adequacy of the proposed recreational facilities for the residents of the development shall be subject to further review and consideration by the Planning Board , including the potential need for a children ' s play area , among other considerations . FURTHER RESOLVED : 1 . That the Planning Board finds that the owner would reasonably require a period of 12 months , estimated to commence and complete the construction of Phase I improvements on the project , and would require 48 months to complete all Phases of the project . 2 . That any building permit issued subsequent to the granting of final approval for this project may be revoked or modified at the option of the Town Planning Board if construction of Phase I has not been , substantially commenced by March 15 , 1990 , or construction of Phase I has not been substantially completed by • March 15 , 1991 . At this gime , Mr . Lesser stated that he had objected to the original proposal , because in his judgment the visual density was out of character with the rest of the South Hill community , adding that , since that has not changed in this instance , he would also be voting against the resolution . Mr . Frantz' stated that he did receive a report from the County Planning Department - zoning review pursuant to Section 239 - 1 and m , adding , they , essentially , have looked at the traffic generation potential of the project , based on their analysis . Mr . Frantz offered that it was noted by the County Planning Department that service on East King Road would be maintained at level of service " C " , which is adequate service after completion of the Chase Pond project , as well as service on the other two roads ; those roads being Coddington Road and Route 96B . Mr . Frantz offered that they do add , however , the level of service on Route 96B at East King Road is a little less than " C " , which may need some mitigating measures , i . e . , improving shoulders or adding a traffic signal at the intersection . Mr . Frantz commented that the CPD said traffic should be monitored so that mitigating measures may be introduced at the proper times , namely , when level of service deteriorates to " D " or less . Mr . Frantz stated that the CPD based the analysis on apparently all additional residences permitted since mid - 1988 on East King Road , Mr . Frantz stated that his assumption was that the County Planning staff has • taken into consideration not just Chase Pond , but also Chase Farm , Deer Run , Southwoods , etc . Mr . Frantz offered that the second concept by the CPD was that the cluster concept , of course , increases its Planning Board - 13 - October 3 , 1989 • public transit potential , which is good , adding , their only concern is that the turning radius for ingress and egress on Whitlock Way be checked to make sure that a bus would be able to turn off King Road onto Whitlock Way , Mr . Harrison Rue responded that they did look at the plans with the Ithaca Transit office . Mr . Frantz remarked that the CPD stated that the proposal , as submitted , will have no significant deleterious impact on intercommunity , county , or state interest , therefore , no recommendation is indicated by the CPD , and the Board is free to act without prejudice . There being no further discussion , the Chair called for a vote . Aye - Grigorov , Langhans , Baker , May , Ken erson , Smith . Nay - Lesser . The MOTION was declared to be carried . Chairperson Grigorov declared the matter of the Consideration of Final Subdivision Approval and Final Site Plan Approval for Phase I of the proposed " Chase Pond " development duly closed at 10 : 11 p . m . PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR PROPOSED PHASE III - a AND FOR THE PROPOSED TETON COURT PHASE OF THE " DEER RUN " CLUSTERED SUBDIVISION , LOCATED BACKLOT OF THE INTERSECTION OF TROY AND EAST KIND ROADS , TOWN OF ITHACA TAX PARCEL NO . • 6 - 44 - 1 - 4 . 32 , RESIDENCE DISTRICT R- 15 , PHASE III - a IS PROPOSED TO CONSIST OF 21 LOTS ON WHITETAIL DRIVE AND SARANAC WAY , AND THE TETON COURT PHASE IS PROPOSED TO CONSIST OF 12 LOTS . PRELIMINARY SUBDIVISION APPROVAL FOR A MODIFICATION OF PHASE III , 54 UNITS , WAS GRANTED BY THE PLANNING BOARD ON JUNE 27 , 1989 , AND PRELIMINARY SUBDIVISION APPROVAL FOR THE TETON COURT PHASE WAS GRANTED BY THE PLANNING BOARD ON MARCH 17 , 1987 . DEER RUN INVESTORS , L . P . , OWNERS , EDWARD A . HALLBERG , APPLICANT . Chairperson Grigorov declared the Public Hearing in the above - noted matter duly opened at 10 : 12 p . m . and read aloud from the Notice of Public Hearings as posted and published and as noted above . 11 Mr . Tom Niederkorn addressed the Board and stated that the only change that has been made from the Preliminary Plat has to do with the piece of land on the south side of the Deer Run property , and which gives access into the Chase Pond area . Mr . Niederkorn commented that the final approval for Teton Court cannot be requested tonight , because the developer was not able to get the plat drawing survey completed in time for the Town Engineer to check . Mr . Niederkorn stated that the Covenants and a typical landscaping plan for the lots had been submitted to the Board . Mr . Niederkorn mentioned the island in the road , adding that the island • and the final plat would be coming in at a later time . Mr . Niederkorn stated that the Town Board did not reject the island ; they asked who was going to maintain it , commenting that the resolution that was Planning Board - 14 - October 3 , 1989 • passed noted that it was going to be maintained either by the adjacent owners , by the Homeowners ' Association , or the Town . Chairperson Grigorov noted that this was a Public Hearing and asked if there were anyone from the Public who had any comments or questions . Myrtle Whitcomb , of 233 Troy Road , mentioned the four - acre park , and the triangular seven acres that was probably going to go to Cornell . Ms . Whitcomb also mentioned a NYSEG right - of -way . Mr . Niederkorn [ indicating on map ] pointed out the four -acre parcel that is adjacent to , Troy Road , and which is going to the Town . Mr . Niederkorn pointed out the seven - acre triangular area that will be part of the 40 acres up " here " , and which will go to Cornell University , adding , the Town can , at some point in the future , if it wants it , get a one - acre site for a water tank . Mr . Niederkorn pointed out the NYSEG easement . Ms . Whitcomb wondered about the 20 - foot easement and whether that is the trail connection through Chase Pond . Mr . Niederkorn answered , yes . 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 : 25 p . m . and brought the matter back to the Board for discussion . Virginia Langhans wondered if the NYSEG right - of -way was used as • part of the acreage for the four - acre park . Mr . Niederkorn answered , yes . William Lesser wondered about the number of pets allowed in the project . Mr . Hallberg offered that there would be one pet , but if someone moves in and has two pets he would certainly not ask them to destroy one pet . Mr . Hallberg added that , if someone moves in with two pets and one pet dies it would not be replaced . Mr . Kenerson asked about zero lot line houses . Mr . Hallberg replied , no , not in the true sense ; there would not be any zero lot line homes . Ms . Langhans asked about the distance between the structure and the sideyard lot line . Mr . Niederkorn said that the more critical measurement is the 30 - foot minimum between structures , with a maximum height of 30 feet . Mr . Hallberg offered that all of the buildings from the street side will look like one - story buildings , even on the uphill lots . There appearing to be no further discussion , Chairperson Grigorov asked if anyone were prepared to make a motion . MOTION by Dr . William Lesser , seconded by Mr . Robert Kenerson : WHEREAS : 1 . This action is the Consideration of Final Subdivision Approval • for the 'proposed Phase III - a of the " Deer Run " clustered subdivision , located backlot of the intersection of Troy and East King Roads , Town of Ithaca Tax Parcel No . 6 - 44 - 1 - 4 . 32 , Residence Planning Board - 15 - October 3 , 1989 • District R - 15 , said Phase III - a proposed to consist of 21 lots on Whitetail Drive and Saranac Way , 2 . This is a Type I action for which the Town of Ithaca Planning Board , acting as lead agency for environmental review , on March 17 , 1987 , made a negative determination of environmental significance for the proposed original preliminary plat for the site . On June 27 , 1989 , the Planning Board made a negative determination of environmental significance for the proposed revised plat for Phase III . 3 . The Planning Board , at Public Hearing on October 3 , 1989 , has reviewed the proposed final subdivision plans and other application submissions . THEREFORE , IT IS RESOLVED : i . That the Planning Board grant and hereby does grant Final Subdivision Approval to the proposed Phase III - a of the " Deer Run " subdivision , subject to the following conditions : a . Approval by the Town Board and Town Attorney prior to the issuance of any building permits of the proposed deed restrictions for Phase III . • b . Prior to any final subdivision or final site plan approvals for phases subsequent to Phase III , such later phases including Marcy Court and the final subdivision of lands proposed for conveyance to Cornell University , there shall be a review by the Planning Board of the proposed public open space access as modified from the plan as preliminarily approved by the Planning Board on March 17 , 1987 , including the provision of an easement or right of way for potential future public trail access along or parallel to the NYSEG right of way , and the potential for public access along the easement from Teton Court , and within the open space to the north; of Teton Court . c . Submission of a letter of credit in an amount sufficient to assure the satisfactory completion of site improvements for Phase III - a , prior to the issuance of any building permits for Phase III - a , the amount of such letter to be approved by the Town Engineer and the form of the letter to be approved by the Town Attorney , unless said improvements are fully completed to the satisfaction of the Town Engineer . d . Compliance with all requirements of approval of prior phases of the " Deer Run " subdivision . There being no further discussion , the Chair called for a vote . • Aye - Grigorov , Langhans , Baker , May , Ken erson , Lesser , Smith . Nay - None . Planning Board - 16 - October 3 , 1989 • The MOTION was declared to be carried unanimously . Chairperson Grigorov declared the matter of Consideration of Final Subdivision Approval for the proposed Phase III - a of the " Deer Run " clustered subdivision duly closed at 10 : 45 p . m . ADJOURNMENT Upon Motion , Chairperson Grigorov declared the October 3 , 1989 , meeting of the Town of Ithaca Planning Board duly adjourned at 11 : 15 p . m . Respectfully submitted , Mary Bryant , Recording Secretary , Nancy M . Fuller , Secretary , Town of Ithaca Planning Board . • • SHALEBROOK DEVELOPMENT CORP . 1138 TRUMANSOURG ROAD ITHACA, NY 14850 • September 23 , 1989 . Ms . Carolyn Grigorov , Chairperson Town of Ithaca Planning Board Ms . Susan Beeners Town of Ithaca Planner 126 E . Seneca St . Ithaca , NY 14850 Dear Carolyn and Susan : We are writing to share with both of you our frustration with the planning process as it relates to our proposed Shalebrook development . By way of background , we want .to be sure you are aware of why we proposed the development and the various processes we went through , long before we ever approached the Town of Ithaca for project approval . We purchased the farm from Professor Riley in 1950 and have made our livelihood from it by raising crops and milking cows for nearly 40 years . The farm always has been , and continues to be • our major asset , which we expected would provide us with some form of income during our retirement years . We started planning for that retirement over two years ago when we sold our dairy herd and began deciding how best to turn the farm into some kind of an annuity for us . We have had many opportunities to sell the farm to developers , but we have strong feelings about this land , and we realized that once we did sell , we would lose control of what happened on the property . Therefore , we decided to develop the property ourselves , thus ensuring that it would be done in an environmentally conscious manner . To that end , we engaged Tom Niederkorn to design a low density development on approximately one - fifth of the farm . We felt this approach would allow us to become comfortable with the development process on a small scale and also permit us to. continue farming on the remainder of the farm as - long as our health permitted . Long before we presented our sketch plan to the Town of Ithaca , we shared it with our neighbors - people who have enjoyed the rural setting we have maintained and who have also tolerated the various smells and other inconveniences of having a farm across the road . They have been very good to us over the years and we wanted to be sure our plan for the future was compatible with what they wanted in their neighborhood . Their response was overwhelmingly positive . Then , last January , we presented our sketch plan to the Plan - . ning Board , which requested that we go back and consider a higher EXHIBIT _l Page 2 Letter to Carolyn Grigorov and Susan Beeners density cluster housing concept for the property and also recon - figure the road layout because of a concern over the length of a cul - de - sac . We felt the latter point was valid , but the concept of a cluster plan in light of our objectives and those of our neighbors was inappropriate . In any case , we did what was asked of us and returned to the Planning Board in April . At that time we received sketch plan approval of the revised plan . Based on that approval , we engaged a surveyor and an engineer to perform their respective services so we could receive Prelimi = nary Plat approval . We also consulted with unsolicited interested buyers and developed proposed covenants for the property , which include an architectural review board and restrictions that will protect the creek and trees on the various lots . We have also expressed a willingness to deed an improved recreational area over to the Town . After all of these efforts , we have been unable to get back on the Town . Planning Board agenda for nearly three months because of an unresolved concern about whether our proposed Riley Drive should be a 45 mph collector road or a 30 mph neighborhood street as was originally conceived . We feel the former is totally con - trary to the very nature of what we are trying to create . Fur - • thermore , if this was an issue , we believe it should have been raised at the sketch plan review so it could have been resolved before we invested in the engineering and surveying efforts needed for preliminary approval . It appears we cant move ahead with our project until the road issue is settled , and frankly , we are not sure that we should proceed as the developer if a high speed collector road will be required . We have received several expressions of interest from families who would like to build in this area as early as next spring . We - must move ahead expeditiously on our plans so those who are relying on us for . home sites can do the same .: Therefore , we request that the Town of Ithaca Planning Board address and resolve this issue at its October 3 , 1989 meeting . Thank you for your consideration . Sincerely , . Richard A . Perry • Mary Louise Perry xc : Noel Desch Tom Niederkorn EXHIBIT 1 , LawOOCAPa amCH1YaCTUR [1 PLAMP4000 UROa 9 DEZ01 0d September fly , 1959 Ms . Susan lBeeners , Town Planner Town of Ithaca 126 East Seneca Street Ithaca, NY 14550 P YK REO, Chase Pond Final Site Plan Dew Susan : baa` i We are transmitting to you the Chase Pond Site Plan to be submitted to the Planning Board for Final Site Plan Approval . 4 The following list identifies those changes made to the plan between the Preliminary Site Plan and Final Site Plan . Most of the changes are changes in dimensions between buildings . These changes reflect the fact that we now have actual architectural plans available, and the plan is based on these building plans . In most cases , this has resulted in an increase in the distance between buildings (earlier plans were more conservative since we didn ' t have the benefit of architectural plans ) . Changes to the plan ® include the following : t All Type II Townhouse units , and Type IVa and. IV Side - Pard units have been redrawn to reflect actual current architectural plans . J A . . The overall length along the street of Type II Townhouses has been reduced by 6 , increasing the distance between end units and the streets . s Be All end units of Type II Townhouses require a connected garage regardless of whether the garage is a Carriage unit . 4 C Surface parking for Type II Townhouses has been shown adjacent to the garages . Y) Approximately PP y (4) options for the Type IV and Type IVa units will be available to the buyer. The site -plan reflects actual architectural plans for one 100 31P EXHIBIT 2 M�. 4 345 MFC' KI F iRilDr_ on n t T Ll A , . ; , Chase Pond-Final Site Plan page 2 . Al tions • of the options . 1 options are consistent with building separation requirements noted on site - plan . E Side-yard units in the first block adjacent to King Road have been shifted from the east to the west side of the lot to take better advantage of views . The exception to this is the side-yard unit adjacent to the alley . Units are NOT shifted to view into the alley . F. While the side -yard units have been shifted as described in E above , their garages have remained in place . This has been done to create a more useable backyard , to allow views into the backyard , and to reduce the area of pavement . 2 . The median along "B Road " has been removed to facilitate better circulation and fire access . Trees in the median strip have been. relocated to the east side of the street . 1 • 3 . " A Road " has been widened from 24 ' to 281 . 4 . The sidewalk , street trees , and on - street parking along " G Road " have been relocated to the south side of the street to serve the greater density of units on this side . i 5 . The double row of trees on the west side of the Green has been reduced to a single row . The second row has been i relocated to the east side of "D Road " . This was an aesthetic decision . 6 . Street names have been selected and are reflected on the site - plan . 7 . Further consideration has been given to the development of the park . The park is conceived as a passive, strolling park with opportunities for informal recreation . It is anticipated that the primary use of the park will be for walking , viewing , and sitting by the pond . Some picnicing and informal play is also anticipated . The fitness trail has • been replaced with a walking/jogging path . Benches will be located along the path . ' The play field is left open EXHIBIT 2 Chase Pond-Final Site Plan page 3 41 to permit frisbee , soccer, volleyball, etc . Additional • landscaping in the park will be limited to maximize views . A small pavilion of traditional architectural style is proposed as a resting place and for viewing . Preliminary sketches are attached illustrating the design intent for the pavilion and walking path . The proposed lawn seed specification is also attached . The pathway , seating , and lawn will be installed as part of the first construction phase . Your time and consideration in reviewing this project is appreciated . Sincerely , t eter Trowbridge ] a c : Harrison Rue x EXHIBIT 2 rrr Y _ LANDSCAPE ARCHITECTURE PLANNING URBAN DESIGN • September 22 , 1989 i p Susan Beeners and Members of the Planning Board Town of Ithaca East Seneca Street Ithaca, NY 14850 RE: CHASE POND Dear Susan and Members of the Planning Board : Enclosed is the final Chase Pond Site Plan for your review . We are seeking Final Site Plan and Subdivision Approval for the entire property with construction to occur in phases as shown on the Phasing Plan . The parcel consists of 108 single family lots and 3 parcels of parkland totaling 7 . 3 acres of open space . The first construction phase will include 18 attached townhouse: units , 18 single family sideyard units , and up to 6 carriage units ; development of the park around the pond including lawn , pathway , and supplemental planting of the buffer; development of the Green including lawn and trees ; and installation of street trees for the Phase One area. Utilities will also be installed as shown on the ' Phasing Plan . We refer you to our project booklet dated 8/30/89 for additional material ; we are enclosing information here only on items that have been revised since Preliminary Subdivision Approval . We are also enclosing our letter of 9/ 15/89 that details the revisions made to the plan ; it accompanied our revised Subdivision Plat , Site Plan , and Final Engineering Drawings as submitted to you on that date . The following points are provided for further clarification on specific issues , in response to your review of these plans . 1 . SCHEDULE FOR LANDSCAPE IMPROVEMENTS . • Street trees will be installed in Phase One as shown on the Phasing Plan , including trees on the Green . • Improvements to the park in Phase One will include establishing the lawn , construction of the path , and • supplemental plantings to the buffer where existing openings require additional planting . EXHIBIT 2 _ _ _ _ nA I TLS . r^ • K r k A I yr n In rn 1n n77 1enn [ eV tn7 777 _ 4 nn 'l Chase Pond -Final Site Plan page 2 • Additional buffer plantings along the western edge will be installed in conjunction with Cornell . If an agreeable solution to the buffer cannot be reached with Cornell , then a fence will be installed along the Western boundary . The planting or fencing will be installed in two phases : 1 . ) The section near the pond prior to completion of an pavilion at the western edge , and 2 . ) The section behind the western townhouses prior to occupancy of those townhouses . A temporary fence will be provided during construction of the westernmost townhouses . • Trees along King Road will be installed upon completion of Phase One construction . Additional trees along King Road have been added to the plan as suggested by the Town Planner . • Plans for the northeast corner of the park will be finalized at the time of construction of units along the north edge of the property . The Town Planner will have review of final park plans for this area of the park . • The schedule for construction of the pavilion and plans for the pavilion are not complete at this time . Final pavilion plans will be reviewed - with the Town Planner. 2 . BUS STOP . The location of the . bus stop on the plans represents the location agreed upon . with Ithaca Transit, should a bus stop be deemed appropriate in the future . However, there are no current plans for construction of any structure at the bus stop by either the developer or Ithaca Transit. 3a DISCOURAGING ACCESS TO CORNELL NATURAL, AREA, Discussions have been heldwith . Cornell Plantations regarding ? the possibility of providing educational signage in the Chase ark P Pond p pertaining to the Cornell Natural Area. i Subsequently , there have been concerns expressed that such signage might actually encourage trespassing . Therefore , the educational signage program has been dropped at this point in time . If Cornell Plantations requests that the developers install educational signage, the . developer would be ha to do addition , Cornell is free to post . their as so. In P property as they see fit. Residents will be advised at the time of purchase of units in Chase Pond of the fragility of the natural area, and that • trespassing is prohibited . EXHIBIT 2 I i 10 Chase Pond-Final Site Plan r page 3 4 . PROHIBITION OF PLANTING INVASIVE SPECIES . The following plants will be p prohibited from the Chase Pond subdivision by deed restriction , both in Commonareas and on individual lots . Acer platanoides Norway Maple Berberis thunbergii Japanese Bayberry Celastrus orbiculatus Asiatic Bittersweet Elaeagnus sp . Autumn , Russian Olive Lonicera sp . Honeysuckle " Lythrum salicaria Purple Loosestrife Phragmites sp . Reed Canary Grass Rhamnus frangula Tallhedge Robinia pseudoacacia / Black/Bristly Locust hispida Rosa multiflora Multiflora Rose Vinca minor Myrtle Rhamnus cathartica Buckthorn Ligustrum vulgare - Privet 5 . SIGNAGE . Signage at the Chase Pond project will be minimal in keeping with the neighborhood.. theme . An entry sign in the location shown on the plan is proposed to mark the entrance . This would be a relatively small, low-key sign . Numbers on living units and street signs are the only other signage anticipated . . 6 . LIGHTING . A low light level is desirable and considered appropriate for the neighborhood . Lighting will consist of photo - cell operated , building . mounted fixtures at the end unit of each block of townhouses . 7 . ARCHITECTURE AND DESIGN. Current progress prints of the building elevations and footprints of both townhouses and sideyard houses are enclosed . These are working drawings and are still undergoing revision . Our exterior color schemes are being individually selected for each house from the various i Historical Color Charts " as supplied by paint manufacturers . The brick will be chosen withsimilar. care to fit our Traditional 3 themes . 8 . DEED RESTRICTIONS AND COMMUNITY CORPORATION. As we have discussed , our revised Deed restrictions and proposed Community Corporation bylaws and Certificate of Incorporation EXHIBIT 2 r Chase Pond -Final Site Plan page 4 ' 8 . DEED RESTRICTIONS AND COIyI1V[UNI1-y CORPORATION. As we have discussed , our revised Deed restrictions and proposed I Community Corporation bylaws and Certificate of Incorporation will be submitted to you and the Town Attorney directly by Jim Salk. You should receive them either today or Monday, September 25 for review before Final Subdivision Approval . These will be required to be finalized before building permit issuance . Your time in reviewing this project is appreciated . Sincerely , reterTrowbridge Principal I' I • Y f - a IY 1 r t. I . l R I� I n I 1 1 . 1 1 4 EXHIBIT 2 I CA i TOWN OF ITHA PLANNING _ - BOARD, NOTICE OF PUBLIC i - - HEARINGS, TUESDAY, OCTO- : ITHACA JOURNAL * - BEy direction of the Chairman of .the P.Ianning.Boord, NOTICE IS HEREBY GIVEN, that Public. ' Hearings will be held by the Planning Board of the Town of � � � � r Ithaca on Tuesday, October 3, is + y�. [ . G: i � L': � ,^ ':: �=5 Y.. I's_ 1989, in Towri Hall, 126 East Seneca Street, Ithaca, N. Y. , at I the following times and on the" ; 11 following matters: 7:30 P. M. Consideration of a ' . . . - Recommendation to the Zon- ing Board of Appeals with re- L'2 = ft �Z , « .s: t . i . r.. G+7tu'1 ';' L•] F= a Lt : ." u7 L:. P q P �f T"'._-.1 . L . �-.n -a sect to a request for Special i• Approval of a proposed 528 sq. ft. classroom addition to , L:.Lt u e r _ - -�_• __ __ , _ the ' Kingdom Hall of Jeho_s vah' Witnesses, 1201 Donby Road, Town of Ithaca Tax Par- :el No.iiE �u jo:-t:: wi i F1 .:Vli 'aa _ :el No. 6-36-3-1 . 1 . 2. 41 R-30. 2. 41 acres - _ Iota , Residence _ ._ ,.. c — - CA -c . .. .,, nh of Je a s • --- CWitnesses, .sOwner; Harlin s ..d1=4- L^.Dezr LS ILtr-.1e... Schack, Agent. I -- ' _ l-: _ -.y.. _R.:.•.:.1. ._". . .�.+;:.:. � :"��y I.^.L. 1L: ?1trtiC ' ____ � { �.._�_._ .r ........� . .._... ..... 8:00 Consideration ofF i abi Subdivision and Approval forinnl Site Plan Phase I o the ar CaPo development, menta con- .sadPhase I proposed t �" ` ` ; . sist of 36 lots with 36 primary 1 dwelling units and up to b ac- cessory dwelling units, and 7 .. .- - --•. . . . _ - - . . . . . _.. __ . . _ � . ....._.. . ... ---- - -. .._.._ ._ — - .. _..- - - - - plus/minus acres of open --. Lir.. y , - E:.+► £_ S', '+• • � = OSD • �'� Q � L` space, and further, Considerid er ation of Final Site PIan Appro- val for Phase I public utilities.- t • ;; _ The overall rolect received Prete ar u rvision - Q c� v I and P e imi Site C {- C .r- Gam" o I' . Pla o a y r nary Ap Z, • Q. - ___ . . . . . . .e_. _.. ._.. .- - -•----._.._.. . . ... _._. . .. . .. t9 n Approval, with certain . . . - : n 59 . conditions, o September _ . . . .. --_ . . . �. _. . .. __ . . . . ..._ _�:.... ..... ....:......_.._. nits inof 161 o1—ached and detached co figu- _.- : t s 0 res located rations o t3 a onEastKing Road near .. R'd t Rood, T f Itha- .. . . . . . . .' i ge res o own o r I KQc a Parcel N 6-44-1 - 4. 311 , MulltiplelResidenc Dis- 1 _ . . trio. David C. Auble, Owner; :_': ButterField Associates I,, Appli; conts. . , : 8: 45 P.M. Consideration of FI- - _ j . p ',.►'Lr f 114 ; nal Subdivision Approval for. '', _ . {o' _.: :. . . . osed Phase _ ..._ . , - . . . .. . . __._. .. _ I Teton and "Deer Run' clus_ `'f JEAN FORD -' tered subdrvisi local . _ . . . � - bn, ed a Phase se o e -= Nota Public State Of New York bocklot of the intersection of s - Notary � Troy and - East King Roads; .j - - Tax Parcel No. _.. No. 4654410 Roads - Town of Ithaca . :: . 32 Residence District %rj _. . . 1Phase III-ais proposed �to Qua - Qualified in Tomplci �ls .County consist o lots on Whitetail - DriveandSaranac Way, and '•1 �OmmtssiOn ex ices Ma 31 19 . . - -. : . . . _ p the Teton Court Phase is pro-. '3 pp o st of 12lots. e r liminar Subdivision Approval a _ _ for a modification of Phase III ? ,: . -- -- - . ._ . . _ - - 4 units, was rant by I ._: . :;�._•: •.,-. -:; . :. . _. . . --,- •,,�`,- :�- - .:. .:. -,_.. - _. - - --- - -_ - . . _ _ _ -- - - 2. _ :. Planning BoardoneJune 27e - . 1989an d Preliminary Subdi - , vision Approval for the Teton ; - - � - ! 7;':.,Court Phse wasranted b g y =• •=` Y � ' -- the Planning Board on March, _ : :.. - _. ,, ,r_- _ _ _ _ __ ,•_ z __- . :� , _ _ - 17, 1987. Deer Run Investors, ,.: y ':, - - - - - _ . _, -- -. . . . P. Owners; Edwin A. Hal I . -. ber Applicant. _ , - .z.,, " . : , . . . . _ . . ..: --. . . _ ;: .• Planning 1Board will said times and said place he all persons in support of such _ II .. - • - -- - _ . matters or objections thereto'. a- j - - - appear n Persons may by agent . ; or in person. Jean H. Swartwood . i Town Clerk I 273- 1721 21 • � September 28, 1989 i