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HomeMy WebLinkAboutPB Minutes 1990-11-06,. • r� U I I TOWN OF ITHACA PLANNING BOARD NOVEMBER 6, 1990 FUD TOWN OF IF u� .. The Town of Ithaca Planning Board met in regular session on Tuesday, November 6, 1990, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7 :30 p.m. PRESENT: Chairman Carolyn Grigorov, William Lesser, Robert Miller, Eva Hoffmann, Robert Kenerson, James Baker, Stephen Smith, George R. Frantz (Assistant Town Planner), Daniel R. Walker Engineer), John C. Barney, Esq. (Town Attorney). ALSO PRESENT: Cathy Webb, Janet Schoele, Dick Perry, Carl Sgrecci, Tom Niederkorn, Don McLaughlin, Rosalind Grippi, Peter D. Novelli, John Wolf, Arthur Stiers, John Tilitz, Mary and Robert Swansbrough. (Town Chairman Grigorov declared the meeting duly opened at 7:30 p.m. and accepted for the record the Clerk's Affidavit of Postings and Publication of the Notice of Public Hearings in Town Hall and the Ithaca Journal on October 29, 1990, and November 1, 1990, respectively, together with the Secretary's Affidavit of Service by Mail of said Notice upon the various neighbors of each of the properties under discussion, as appropriate, upon both the Clerk and the Building Commissioner of the City of Ithaca, upon the Tompkins County Commissioner of Planning, upon the Regional Manager of the Finger Lakes State Parks Commission, upon the Clerk of the Town of Enfield, and upon the applicants and /or agents, as appropriate, on October 31, 1990. PUBLIC HEARING: CONSIDERATION OF SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF APPROXIMATELY 1.35+ ACRES FROM TOWN OF ITHACA TAX PARCEL NO. 6- 34 -1 -4, LOCATED AT 231 ENFIELD FALLS ROAD, RESIDENCE DISTRICT R -30. ESTATE OF RUTH S. ROYCE, OWNER, GEORGE R. PFANN, ESQ., AGENT. Chairman Grigorov declared the Public hearing in the above -noted matter duly opened at 7:34 p.m. and read aloud from the Notice of Public Hearings as noted above. Assistant Town Planner Frantz noted that one of the details raised at the October 16, 1990 meeting was that the survey submitted then did not have some of the information needed, the most important of which was whether or not there, was 150 feet of frontage at the setback, which it has. The requirements of the Board have been met. Chairman Grigorov inquired if anyone had come to speak about the matter. No one spoke. At this point Chairman Grigorov declared there were no speakers, closed the public hearing, and brought the discussion to the Board. Board Member Hoffmann had a question on Part II of the Environmental Assessment Form as to A and B on the first page which seemed to contradict 4 Planning Board • each other, consensus of "no" • • 0 and wondered if the Board was that 2 November 6, 1990 by mistake "yes" was checked. The general this was in error and should be marked There appearing to be no further discussion on this matter, Chairman Grigorov asked if anyone were prepared to offer a motion with respect to SEAR. MOTION by Mr. Robert Kenerson, seconded by Mr. James Baker. WHEREAS: 10 This action is the Consideration of Subdivision Approval for the proposed subdivision of approximately 1.35 acres from Town of Ithaca Tax Parcel No. 6- 34 -1 -4, 59.7 acres total, located at 231 Enfield Falls Road, Residence District R -30. 2. This is an Unlisted action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency in environmental review, and for which the Town Planning Department has recommended a negative determination of environmental significance. 3. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the survey map entitled "Survey for the Estate of Ruth S. Royce," dated 8/17/90, revised 10/2/1990 and 10/17/1990, signed and sealed by George C. Schlecht, P.E., L.S., and the Short Environmental Assessment Form for this action. THEREFORE, IT IS RESOLVED: That the Planning Board, acting as Lead Agency for environmental review of this Unlisted action, make and hereby does make a negative determination of environmental significance. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. Chairman Grigorov asked if there were any further Board comments. There being none, Chairman Grigorov asked if anyone were prepared to offer a motion with respect to approval of the proposed Royce Subdivision. MOTION by Mr. Stephen Smith, seconded by Dr. William Lesser: WHEREAS: 19 This action is the Consideration of Subdivision proposed subdivision of approximately 1.35 acres from Tax Parcel No. 6- 34 -1 -4, 59.7 acres total, located at Road, Residence District R -30. Approval for the Town of Ithaca 231 Enfield Falls 9 Planning Board K, November 6, 1990 0 2a This is an Unlisted action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on November 6, 1990, made a negative determination of environmental significance. • • 3. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the survey map entitled "Survey for the Estate of Ruth S. Royce," dated 8/17/90, revised 10/2/1990 and 10/17/1990, signed and sealed by George C. Schlecht, P.E., L.S., and the Short Environmental Assessment Form for this action. THEREFORE, IT IS RESOLVED: 19 That the Planning Board waive and hereby does waive certain requirements of Preliminary Subdivision Approval, having determined that such waiver would not represent a deviation from the purpose of subdivision control. 2. That the Planning Board grant and hereby does grant Final Subdivision Approval to the subdivision as proposed, with the following condition: That the area of the 1.35+ acre parcel may be included in the calculation of the minimum 10 per cent recreational open space in any potential future subdivision of the remaining lands of Tax Parcel No. 6- 34 -1 -4. Chairman Grigorov asked for discussion of the Motion on the floor. Board Member Hoffmann stated that she assumed that all the things that there were questions about last time had been resolved. Mr. Frantz confirmed that they had. The questions last time were in regard to the 60 foot set back and the lot width at that set back and they have 156 feet. The Town Engineer and Town Planner looked into the question of the septic system and that apparently is all right. Mr. Frantz stated that he did speak to Mr. Walker about it today and he is satisfied with it. Chairman Grigorov asked if there were any further discussion and, there being none, called for a vote. Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. Chairman Grigorov declared the matter of the consideration of the proposed subdivision for the Estate of Ruth S. Royce duly closed at 7:46 p.m. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL FOR THE PROPOSED EXPANSION OF THE EAST HILL GULF GASOLINE STATION, LOCATED IN A BUSINESS "D" DISTRICT, AT THE CORNER OF ELLIS HOLLOW ROAD AND JUDD FALLS ROAD, TOWN OF ITHACA TAX PARCEL N0, 6 -62 -2 -1.13, SUCH EXPANSION CONSISTING OF REPLACEMENT OF THE EXISTING CANOPY, PUMPS, AND CASHIER'S BOOTH WITH A LARGER CANOPY, NEW PUMPS, AND LARGER CASHIER'S BOOTH, DEMOLITION OF AN EXISTING FILM /PHOTO DEVELOPING KIOSK ON THE SITE, AND MODIFICATION OF THE Planning Board 0 November 6, 1990 ENTRY DRIVES TO THE SITE. ROBERT W. ANDREE, APPLICANT. (ADJOURNED FROM SEPTEMBER 4, 1990, AND OCTOBER 2, 1990). Chairman Grigorov declared the Public Hearing in the above -noted matter duly opened at 7:47 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. Andree reviewed the current map with the Planning Board and the other attendees of the meeting. Mr. Andree stated that, in speaking with the people at Cornell when they did their master plan, as well as the person who drew this plan, they all felt that 60 feet was as small as this entry should be which would allow them to still get the truck out of here after it was done unloading without climbing up on a curb or take a big circle around the parking lot. Chairman Grigorov asked if anyone present wished to speak to this matter. No one spoke. Chairman Grigorov closed the Public Hearing and brought the matter before the Board for discussion. Board Member Hoffmann made comment on the Traffic Study, noting that the word that is used throughout the report is "vehicles ", and stating that she assumed that "vehicles" means automobiles, buses and other four wheel vehicles. Ms. Hoffmann did not see how one can call that a traffic study; that would be called an automobile study. Traffic includes other things like pedestrians, bicycles, horses. Ms. Hoffmann had a problem with this being called a traffic study. Mr. Frantz clarified that this is a traffic • study in the long -held traditional sense of a traffic study. By vehicles this includes automobiles, trucks, buses, motorized types of vehicles. Ms. Hoffmann noted that the traffic study that is referred to on the bottom of the first page, current 1990 traffic on Judd Falls Road intersection,and asked how was that done; was it done by just counting cars that drive over the cable on the road? Mr. Frantz stated those figures were taken from the current McDonald's study which was done by Champagne Associates. Ms. Hoffmann reiterated that she did not think this was a traffic study when it only counts automobiles. George Frantz was asked his opinion of these trip generators that many of these studies utilize, but the numbers they come up with seem really a lot smaller than a peak traffic hour. Mr. Frantz responded that, based on his experience, the numbers seemed reasonable compared to the Trip Generation Handbook which is comprised of data based on empirical information. Board Member William Lesser stated that the matter that is most important here is that of using the entry of the gas station as an entry to the Plaza. Mr. Lesser questioned if the connecting entry of 60 feet will help or hinder matters. Town Engineer Walker and Assistant Town Planner Frantz indicated that the people will try to enter the Plaza and find themselves in a very uncomfortable spot because they will have to turn twice and go out through a narrow road. They thought that this will have a beneficial effect because it will make it less attractive for people to cut through. Mr. Lesser asked what portion of traffic uses that entrance versus the other entrance. Mr. Frantz stated that there was a study done by • Stewart Knowlton back in October 1984 when two people stood at the entrances and counted 150 actually using the gas station and about 350 were cutting through to the Plaza. At the other entrance, 250 going to the Plaza and 150 Planning Board 5 November 6, 1990 • to the gas station. Mr. Lesser asked if the area would allow more traffic through. Mr. Andree replied that, with the new structures there would be less area for traffic to cut through, adding that they will not be able to go either the left or the right of the kiosk because it will not be there any more. Chairman Grigorov asked if McDonald's builds over on the other side if that was not supposed to be one of their entrances. Mr. Frantz responded that, with respect to McDonald's entrance to the Plaza, staff told them very early on that having an entrance there would be a problem and they changed it in the design. It would be much easier, coming down Pine Tree Road, to turn right and enter at the main entrance of McDonald's rather than trying to navigate through the gas station. Mr. Lesser asked Mr. Frantz what he thought the width of that is going to do with using the Judd Falls entry and access to the Plaza. Mr. Frantz felt that by narrowing it down it will visually reduce the attractiveness because it will give a feeling of congestion. A problem with narrowing it more is that it will make it a very hard, sharp turn. Chairman Grigorov asked if there will be enough room for two cars to pass at the new canopy and the tanks. Mr. Frantz confirmed that there was plenty of room for two cars to pass. Mr. Lesser asked if a speed bump had been considered for that entry. Considerable discussion regarding the.necessity of a speed bump at this entrance followed, including consideration that perhaps a sign stating no through traffic might be a good idea. The Board Members continued discussion of entrances and site changes with respect to the proposed expansion of East Hill Gulf Station. • Board Member Hoffmann asked if the situation had been resolved regarding the tankers filling and being on Cornell's property. Mr. Andree clarified that Cornell does not have a problem with his tank truck sitting there to unload. They do not approve of his tank truck making a complete circle around their parking lot to arrive or leave the location. Chairman Grigorov asked Mr. Andree if there were going to be discussion tonight on the redesign of Pine Tree road. Mr. Andree stated that there were not any definite details on that yet. A redesign of the intersection is in the works within the next year according to County Engineeering but it still has to go to their Public Works Committee. Mr. Frantz said it would have a beneficial effect on this intersection if they shift Pine Tree Road over opposite Judd Falls Road, it would eliminate a number of problems in the area. Chairman Grigorov asked if the sign matter had been resolved. Mr. Frantz said that would fall under the Sign Law and was an entirely different matter. Chairman Grigorov, referring to the September 4, 1990 resolution of the Planning Board, (attached hereto as Exhibit #1), confirmed that item #3, information from the Zoning Enforcement Officer, will come up at the next Zoning Board of Appeals meeting. Mr. Frantz stated that each member of the Zoning Board of Appeals is coming up with a list of items that they feel a modern gas station sells. The most important thing that they agree upon, as far as this project is concerned at this point, is that anything that is sold for direct consumption would be appropriate including oil, antifreeze, windshield wash and also coffee, soda, candy. They are defining what is a retail gas operation today and will apply that definition to what Mr. Andree is proposing to sell. Chairman Grigorov asked how that relates to the • Planning Board's possible approval of this matter? Mr. Frantz reiterated what he said at the first public hearing in that he believed this is a site plan approval of a proposed structure and accompanying improvements. Ms. Planning Board 6 November 6, 1990 Hoffmann felt that the physical layout has some relationship to that because the cashier's booth is made larger in order for him to sell these additional things, adding that it is not just adding a bathroom or things like that which are obviously important. Mr. Andree stated that if for some reason he decided not to sell these additional items he would come back for a modification of the approval to, reduce the size of the building. Ms. Hoffmann noticed that the bathroom that is being added is just for private use; there will be no public bathroom. Mr. Andree confirmed that at this point it is private; they do not want to have public facilities. Mr. Lesser asked if regulations would affect that if you are going to sell certain things. Mr. Andree responded not that he was aware of. Mr. Andree responded yes to Chairman Grigorov's question as to whether it would be mostly local traffic. Chairman Grigorov asked if there were any further questions or discussion on #4 of the September 4, 1990 resolution, "additional information or clarification be provided on tank replacement or construction plan ". Ms. Hoffmann noted that last time Mr. Andree said the tanks would be replaced if he could get the money to do it, otherwise he would refurbish them to bring the tanks up to Code, and asked if that was still planned. Mr. Andree confirmed that was still the plan and the pipeline will be replaced no matter what. • Chairman Grigorov asked if there was any further discussion regarding the provision of additional information or clarification on drainage plans and drainage impact. Mr. Andree stated that trench drains are on the plan. The County Highway will improve drainage when they reconstruct the highway which will not change the direction of flow but will improve the drainage in that area. Chairman Grigorov asked if there was further discussion or questions regarding solid waste generation and disposal. Mr. Frantz recalled that there was a question on the 8/9/90 environmental assessment form as far as how much solid waste was generated where approximately 400 pounds a month was marked. Board Member Lesser stated that he was still concerned that this gas station would still be heavily used by the public for entrance to the Plaza. Mr. Lesser asked Attorney Barney if it were possible to give a conditional approval and then review the situation after a period of a year or two to determine whether or not this is still an issue and at that time specify additional steps that may need to be taken. Attorney Barney felt an approval could be conditioned on certain steps, if they were identified now, that could be taken up at a later time if circumstances prevail. It could not be left up in the air and simply say the approval is granted today, but will be reviewed in two years and at that point the approval would be withdrawn or altered. Board members and Mr. Andree continued discussion of approval at this time, conditions that would be required, and the period of • time before review of this situation would occur. 0 • • Planning Board 7 There appearing to be no further discussion, anyone were prepared to offer a motion with respect November 6, 1990 Chairman Grigorov asked if to SEQR. MOTION by Mr. Stephen Smith, seconded by Mr. Robert Kenerson: WHEREAS. 10 This action is the Consideration of Preliminary Site Plan Approval for the proposed expansion of the East Hill Gulf gasoline station, located in a Business "D" District, at the corner of Ellis Hollow Road and Judd Falls Road, Town of Ithaca Tax Parcel No. 6 -62 -2 -1.13, such expansion consisting of replacement of the existing canopy, pumps, and cashier's booth, demolition of an existing film /photo developing kiosk on the site, and modification of the entry drives to the site. The number of gasoline service pumps is proposed to increase from eight pumps to nine pumps. 29 This is an Unlisted action for which the Town of Ithaca Planning Board is legislatively determined to act as Lead Agency for environmental review. The Tompkins County Planning Department is an involved agency in coordinated review. 3. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the site plan entitled "SP - Judd Falls Rd., & Ellis Hollow Rd., Ithaca, N.Y. ", dated 5/8/90, revised 5/22/90, 6/19/90, and 7/13/90, prepared by Morris I. Cleverley Engineering, P.C., as amended to show a 60- foot -wide entry between the gas station and East Hill Plaza, and other application materials for this submission. 49 The Town of Ithaca Planning Department has recommended a negative determination of environmental significance for this action. THEREFORE, IT IS RESOLVED: That the Planning Board, acting as Lead Agency for environmental review in coordinated review of the proposed action, make and hereby does make a negative determination of environmental significance. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unaninously. Chairman Grigorov asked if anyone were prepared to offer a motion with respect to preliminary site plan approval. MOTION by Dr. William Lesser, seconded by Mr. James Baker: WHEREAS: • 1. This action is the Consideration of Preliminary Site Plan Approval for the proposed expansion of the East Hill Gulf gasoline station, located Planning Board • in a Business Falls Road, consisting of booth with demolition of modification service pumps • • 101 November 6, 1990 "D" District, at the corner of Ellis Hollow Road and Judd Town of Ithaca Tax Parcel No. 6 -62 -2 -1.13, such expansion replacement of the existing canopy, pumps, and cashier's larger canopy, new pumps, and larger cashier's booth, an existing film /photo developing kiosk on the site, and of the entry drives to the site. The number of gasoline is proposed to increase from eight pumps to nine pumps. 2. This is an Unlisted action for which the Town of Ithaca Planning Board, acting as Lead Agency for environmental review, has, on November 6, 1990, made a negative determination of environmental significance. 3. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the site plan entitled "SP - Judd Falls Rd. & Ellis Hollow Rd., Ithaca, N.Y. ", dated 5/8/90, revised 5/22/90, 6/19/90, and 7/13/90, prepared by Morris I. Cleverley Engineering P.C., as amended to show a 60- foot -wide entry between the gas station and East Hill Plaza, and other application materials for this submission. THEREFORE, IT IS RESOLVED. That the planning Board grant and hereby does grant Preliminary Site Plan Approval for the proposed expansion of the East Hill Gulf gasoline station, as shown on the site plan entitled "SP - Judd Falls Rd. & Ellis Hollow Rd., Ithaca, N.Y. ", dated 5/8/90, revised 5/22/90, 6/19/90, and 7/13/90, prepared by Morris I. Cleverley Engineering, P.C. as amended to show a 60- foot -wide entry between the gas station and East Hill Plaza, subject to the following conditions: 19 The installation of a speed deterrent bump between the gasoline station and the parking lot at East Hill Plaza, with the design for and the installation of such bump to be approved by the Town Engineer. 29 The approval of the construction plans for the facility by the Town Engineer. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. Chairman Grigorov declared the matter of preliminary site plan approval of the East Hill Gulf station expansion duly closed at 8:55 p.m. PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR PHASE I -A OF THE PROPOSED "SHALEBROOK" SUBDIVISION, PROPOSED TO CONSIST OF 12 LOTS ON 14.25+ ACRES, LOCATED AT 1138 TRUMANSBURG ROAD, TOWN OF ITHACA TAX PARCEL NO. 6 -27 -1 -11.2, RESIDENCE DISTRICT R -15. RICHARD AND JO PERRY, OWNERS/APPLICANTS; THOMAS NIEDERKORN, AGENT. Planning Board 9 November 6, 1990 • Chairman Grigorov declared the Public Hearing in the above -noted matter duly opened at 8:56 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Thomas Niederkorn addressed the Board, reviewing the details of the subdivision and presented for the Board's consideration Phase I -A of the proposed Shalebrook subdivision. This phase involves construction of Perry Lane and the creation of twelve lots in this R -15 zone. It is almost entirely in the woods. The road will have concrete gutters with macadam roads with the lawns coming down to the gutters. The top lot has been conditioned by the Perrys over the last couple of years and it is ready to be used as a passive recreation area and will be proposed as part of the recreational requirements for this particular phase. It would be accessed by a right of way that goes into it from the end of Joseph Place when it is built. The easement the Board requested going down Riley drive extended into the top lot so that the Town forces could maintain it, has been agreed to by the Perrys. Discussions have also been held with Mr. Frantz over the past couple of months as to whether the value of the land at the top and the work that the Perrys have put into it would not be equivalent to what the park requirement would be for the subdivision. Mr. Niederkorn stated that he thought Mr. Frantz concluded that, indeed, the Perrys have put in more time and money than would be required under normal conditions. In addition to the Deed Restrictions, the Perrys have required that the siding of all of the structures that will be built in this subdivision would have to be reviewed by an architectural review committee of which they would be a part. Mr. Niederkorn felt that the Perrys were making every effort to make • this a quiet and exclusive neighborhood in the development. Chairman Grigorov, noting that this was a Public Hearing, asked if there were any questions or comments from the public. There appearing to be none, Chairman Grigorov closed the Public Hearing and brought the matter back to the Board for discussion. Referring to the proposed Deed Restrictions (attached hereto as Exhibit #2), Attorney Barney suggested that the Architecture Review Committee review Deed Restriction #16 with respect to a lot owner wishing to remove an existing tree and satisfying to that Committee that such existing tree is endangering health, safety or property. Attorney Barney also expressed concern with the second to the last paragraph of the Deed Restriction "For purposes of this Subdivision, any violation of these deed restrictions shall be considered to be a violation of the Zoning Ordinance of the Town of Ithaca ", and suggested that it should be removed. Board Members discussed at length the approval of this subdivision at this point in time because the Town is not acquiring anything and the need to address the issue that if this project goes no further, then a fee in lieu of the land would be paid to the Town. Attorney Barney wondered if the Board would want the liability for something that is really not fixed to anything yet developed, adding that the Board may not want title to the top lot for Town purposes until it is, in fact, used as a lot. Chairman Grigorov summed up the consensus of the Board that this was not really the • time to change the condition about the acre. Attorney Barney agreed and stated that the application to change the acre condition should occur when . • • Planning Board 10 November 6, 1990 the top lot and all the other facilities are being made available, and then the Planning Board can review the condition. Chairman Grigorov asked if there were any further Board comments. There being none, Chairman Grigorov asked if anyone were prepared to offer a motion with respect to approval of Phase I -A. MOTION by Mr. Robert Miller, seconded by Mr. Robert Kenerson: WHEREAS. 1. This action is the Consideration of Final Subdivision Approval for Phase I -A of the proposed "Shalebrook" subdivision, proposed to consist of 12 lots on 14.25+ acres, located at 1138 Trumansburg Road, Town of Ithaca Tax Parcel No. 6 -27 -1 -11.2, Residence District R -15." 2. This is a Type I action for which the Town of Ithaca Planning Board, acting as Lead Agency in environmental review, has, on June 5, 1990, made a negative determination of environmental significance for this project, and granted Preliminary Subdivision Approval for said Phase I -A, subject to certain conditions. 3. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the proposed final plat for said Phase I -A of the "Shalebrook" subdivision, entitled " Final Plat Showing Shalebrook Subdivision ", prepared by George C. Schlecht, P.E., L.S., dated October 1, 1990, and other application materials. THEREFORE IT IS RESOLVED: That the Planning Board grant and hereby does grant Final Subdivision Approval for said Phase I -A of the "Shalebrook" subdivision, as shown on the map entitled " Final Plat Showing Shalebrook Subdivision ", prepared by George C. Schlecht, P.E., L.S., dated October 1, 1990, upon the following conditions: a. Approval of final drainage designs and other construction details by the Town Engineer. b. Modification of the deed restrictions as requested by the Town Attorney. c. Conveyance of the strip of land between Lots 10 and 11 to the Town of Ithaca in fee simple instead of in easement form. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith, Hoffmann. Nay - None. • The MOTION was declared to be carried unanimously. e I Planning Board Chairman Grigorov declared approval Phase I -A of the 9:36 p.m. 11 November 6, 1990 the matter of the consideration of final proposed Shalebrook subdivision duly closed at PUBLIC HEARING: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCELS NO. 6 -23 -1 -29.1 and -29.2 (formerly Parcel No. 6- 23- 1 -29), APPROXIMATELY TEN ACRES TOTAL, LOCATED AT 1445 TRUMANSBURG ROAD, INTO TEN LOTS, ONE OF WHICH CONTAINS AN EXISTING DWELLING. GUY L. BURRELL, BEATRICE B. BURRELL, AND JOHN TILITZ, OWNERS; JOHN TILITZ, APPLICANT. Chairman Grigorov declared the Public Hearing in the above -noted matter duly opened at 9:37 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Mr. John Tilitz approached the Board and reviewed the location of the proposed subdivision. Mr. Tilitz stated that preliminary subdivision approval was granted February 1989 at which time there were questions about sewer accessibility. An easement has been obtained since that time and Town Engineer Walker confirmed that this issue has been resolved. An 8- foot -wide trailway would be put in when lots 2 and 3, which are adjacent to that area, are developed. Mr. Tilitz addressed the issue of drainage in that George Schlecht, the Engineer for this project, developed a plan that will maintain the present grade and water will naturally flow to a mechanism where it will be dispersed. 40 In response to Chairman Grigorov's query, Town Engineer Walker said that the drainage was satisfactory and explained drainage and grading details that would be under his final approval prior to issuance of any building permits. Chairman Grigorov asked if there were any persons from the public who would like to speak. Mr. John Wolf of 1431 Trumansburg Road addressed the Board and asked if this area was zoned for this type of development. It was noted that it is zoned for this type of development and is zoned R -30. Mr. Wolf also advised the Board that there are deer on that property and they cross through to the woods. Regarding the trailway condition ( #3 in the proposed resolution), the dedication of the right -away to the Town is proposed and the construction of the trail. Mr. Frantz recalled that came out to be the equivalent of the 10% requirement. The trailway will be eight -foot wide, paved, and will be appropriate for bicycles and walking. The question was raised if a 20 -foot easement should be placed along the westerly line of lot #5 for sewer and other utility or municipal purposes. Mr. Walker said that insofar as the existing lots there probably would be no problem in getting an easement through those back lots because those people would be served. One consideration is that since there is no one living back there now, there are • no complaints. Attorney Barney suggested that a condition be added that the Town receive title of the land from the Poyer Subdivision for the placement of sewer service prior to issuance of any building permits. Mr. Frantz Planning Board 12 November 6, 1990 • discussed the changing of the proposed name to one which is distinct in sound and spelling from any other street. Attorney Barney stated that the Town should receive a new subdivision map with the new name stated. Mr. Frantz also brought up the issue of the revision of the rear yard setback line for Lot No. 1 to show a 50 -foot rear yard setback from the northern lot line. Mr. Tilitz will be building these houses himself. Mr. Walker addressed the water situation stating that the Town is aware of the situation and this subdivision did have a preliminary problem that is being corrected at this time. Chairman Grigorov asked if there were any further public or Board comments. There being none, Chairman Grigorov closed the Public Hearing and asked if anyone were perepared to offer a motion with respect to consideration of final subdivision approval for the proposed subdivision. MOTION by Dr. William Lesser, seconded by Mr. James Baker: WHEREAS: 16 This action is the Consideration of Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcels No. 6 -23 -1 -29.1 and -29.2 (formerly Parcel No. 6- 23- 1 -29), located at 1445 Trumansburg Road, Residence District R -30, approximately ten acres total, into ten lots, one of which contains an existing dwelling. 2. This is an Unlisted action for which the Planning Board, on February 7, 40 1989, made a negative determination of environmental significance, and granted Preliminary Subdivision Approval, subject to certain conditions. 3. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the proposed final plat for the proposed subdivision entitled "Engineering Plan for Westfield Subdivision ", dated September 10, 1990, prepared by George C. Schlecht, P.E., L.S. THEREFORE, IT IS RESOLVED. That the Planning Board grant and hereby does grant Final Subdivision Approval to the subdivision as proposed, subject to the following conditions: 19 Submission of an agreement, for approval by the Town Board, with respect to the development of off -site water and sewer systems, such that the developer will participate in the cost of rehabilitation of the sewer main below Tompkins Community Hospital in the amount of $300.00 per dwelling unit, prior to issuance of any building permits. 2. Approval by the Town Attorney of any easements from adjoining lands related to sewer extension, prior to issuance of any building permits. 39 Construction of an 8- foot -wide trailway to specifications approved by the Town Engineer, prior to the issuance of any certificates of compliance for dwellings on Lots No. 2 and 3, except as such condition • may be modified by the Planning Board upon recommendation by the Planning Department and the Park and Open Space Planner /Manager. Planning Board 4. The gra • drainage and the issuance 13 November 6, 1990 nting of a drainage easement to the Town for maintenance of any dispersal system, in a form acceptable to the Town Attorney, final approval of drainage plans by the Town Engineer, prior to of any building permits. 5. Receipt by the Town of title to land from the Poyer Subdivision for the location of the sewer service, prior to issuance of any building permits. 6. Receipt by the Town of a 20- foot -wide easement along the westerly lin of Lot No. 5 for sewer, other utility, or municipal purposes. 7. The changing of the proposed name "Westfield Road" to one which is distinct in sound and spelling from any other street within the Ithaca Post Office service area, and, whatever the new name is, the Town must be given a subdivision map with the new name. 8. Revision of the_ rear yard setback line for Lot No. 1 to show a 50 -foot rear yard setback from the northern lot line of that lot. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith. Abstain - Hoffmann. Nay - None. • The MOTION was declared to be carried. Chairman Grigorov declared the matter of Final Subdivision Approval, for the Tilitz subdivision duly closed at 10:20 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE ZONING BOARD OF APPEALS WITH RESPECT TO A REQUEST FOR SPECIAL APPROVAL FOR A PROPOSED 30 -FOOT BY 18 -FOOT "GAS CYLINDER STORAGE DOCK ", PROPOSED TO BE LOCATED ON TOWN OF ITHACA TAX PARCEL NO. 6- 64 -1 -2, EAST OF THE CORNELL ORCHARDS AREA APPROXIMATELY 2,100 FEET SOUTH OF NYS ROUTE 366 AND 2,500 FEET WEST OF GAME FARM ROAD, RESIDENCE DISTRICT R -30. CORNELL UNIVERSITY, OWNER; ARTHUR G. STIERS, AGENT. Chairman Grigorov declared the Public Hearing in the above -noted matter duly opened at 10 :21 p.m. Arthur Stiers addressed the Board and stated that what Cornell is seeking is a gas cylinder storage dock at the warehouse #2 complex in the Orchards area. This location is an approved storage yard for University materials and this function is an ancillary -type facility for the existing warehouse. Mr. Stiers informed the Board that presently the warehouse stores small amounts of compressed gasses in cylinder form and a vault -type structure located at the Humphreys Service Building, which is a more congested area and they are getting deliveries now via semis which puts a semi into very restricted quarters and causes quite a bit of congestion. In • order to get the cylinders to the warehouse, the current process requires handling the cylinders twice. Chairman Grigorov asked Mr. Stiers if that was hazardous. In response, Mr. Stiers explained that it is compressed Planning Board 14 November 6, 1990 • gasses, such as oxygen, essentially welding gasses, (CO2, nitrogen, oxygen, propane, acetylene). These are not hazardous. Cornell would like to provide an elevated dock so they may be removed from the truck in an easier fashion, and the proposed covered dock would keep snow, rain or ice off the cylinders. It is essentially a roofed dock, the dock approximately 3 feet from ground level, and the roof about 14 1/2 feet from ground level. Mr. Stiers stated that it would be in an approved storage yard of the complex and will provide greater supervision of the dock and better accessibility for the delivery and return of cylinders. Board Member William Lesser inquired if there was any filling of tanks on the property or do all the tanks come in fully loaded. In response, Mr. Stiers replied, no, because there is a contract with Elmira Gas. Mr. Stiers stated that the proposed site is currently a storage yard and that expansion of the approved area will be necessary. The area is already set up for easy access by semis. Chairman Grigorov reported that upon visiting the site it is a stoney flat area with hills around that would block visibility. Board Member Hoffmann expressed her concern that it is not safe because there are no walls, leaving it easily accessible to anyone. Mr. Stiers stated that Life Safety has a 24 -hour facility out there and that this is a standard means of storage for gas cylinders. If it were to be enclosed in any way you get into very heavy construction such as reinforced concrete. Vandalism with a sledgehammer would have to be used to do any real damage to the cylinders. The cylinders are very heavy and it would take quite a strong person to throw them around. The cylinders are chained in place and there are requirements of the National Fire Prevention Codes that have to be met as far as securing gas cylinders. The Fire Deparment prefers this type of . situation because of the ease in taking care of any problem that might occur. Ms. Hoffmann expressed her concern that with a large volume of tanks there may be a great explosion. Mr. Stiers explained that there is a greater risk of fire and /or explosion if the tanks were stored within a building. Chairman Grigorov said that another question from the Environmental Review Committee was if this project was urgent and is the present storage system a dangerous situation. (The comments of the ERC, which the Board members had before them, are attached hereto as Exhibit #3.) Mr. Stiers stated that the present storage is in a confined vault area, on -site, and there is a confined vault area on another site. The biggest problem would be the hazard of semis trying to access this very congested area. Cornell is trying to alleviate that situation by I mplementing the proposed gas cylinder storage dock. Board Member James Baker asked what the projected life use of this area is, to which Mr. Stiers responded that, at the present time, it is used as an approved storage yard and it has capacity to hold an entire truckload and that the new structure will hold more than what we would need at this time. Chairman Grigorov stated that the G /EIS is progressing and asked Town Engineer Walker to review that so the Planning Board would be aware of the current status. Mr. Walker stated that Facilities Engineering and Facilities Planning at Cornell are in the process of developing plans for the Orchards area. They have retained design consultants, civil engineering consultants and environmental consultants. Town Supervisor Raffensperger, Attorney Barney and Mr. Walker met with the consultants and staff from Cornell who are in the process of preparing of draft scope for Cornell's generic environmental impact statement perhaps within the next couple of . Planning Board 15 November 6, 1990 • weeks. Cornell will then give Town staff copies to review and then bring that proposal before the Planning Board hopefully the first or second meeting of December. Cornell is committed to doing a comprehensive plan and will go into great detail on the Orchards area and will be including the area between Route 366, Pine Tree Road, and Snyder Hill Road as the general geographic study area which should answer many of the questions over the past few months about what the plans are and how the accumulated impacts can be addressed. In response to a question on the estimated construction cost of the gas cylinder dock facility, Mr. Stiers stated it would be between $20,000 and $25,000. Mr. Frantz expressed the concern of the Environmental Review Committee that some environmental assessment questions were answered incorrectly. Ms. Hoffmann said that this continues to be a problem and that perhaps the area should be rezoned. Even though this is an R -30 zone, schools are included by special approval. Mr. Frantz said it is not a question at this time as to whether or not it is a compatible use in the R -30 zone, however, as a support use for the educational institution it does comply with existing zoning. Mr. Frantz recalled that the warehouse may or may not have received special approval by the Zoning Board of Appeals since it was before that Board reviewed such matters, but there was a building permit issued for this complex at some time in the past and that is the current valid permit or approval. Chairman Grigorov asked if there were any public comments. There being none, Chairman Grigorov closed the Public Hearing and asked for any further • Board comments. There being none, Chairman Grigorov asked if anyone were prepared to offer a motion with respect to this matter. MOTION by Mr. Robert Kenerson, seconded by Dr. William Lesser: WHEREAS: 16 This action is the Consideration of a Recommendation to the Zoning Board of Appeals with respect to a request for Special Approval for a proposed 30 -foot by 18 -foot "Gas Cylinder Storage Dock ", proposed to be located on Town of Ithaca Tax Parcel No. 6- 64 -1 -2. 2. The proposed project is located within the existing Cornell University General Stores warehouse storage yard, east of the Cornell Orchards area approximately 2,100 feet south of NYS Route 366 and 2,500 feet west of Game Farm Road, in a Residence District R -30 zone. 3. This is an Unlisted action for which the Town of Ithaca Zoning Board of Appeals is legislatively determined to act as Lead Agency in coordinated review. The Town of Ithaca Planning Board is an involved agency in coordinated review. 4. The Planning Board, at Public Hearing on November 6, 1990, has reviewed the proposed site plan, environmental assessment form and review, and other submissions related to this propossal. • 50 The Town Planning Department has recommended that a negative determination of environmental significance be made for this action. . de Planning Board 16 November 6, 1990 • THEREFORE, IT IS RESOLVED. 10 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 recommendation to the Zoning Board of Appeals, determine and hereby does determine the following. a. There is a need for the proposed use in the proposed location. b. The existing and probable future character of the neighborhood will not be adversely affected. c. The proposed use is in accordance with a comprehensive plan of development of the Town. 3. That the Planning Board report and hereby Board of Appeals its recommendation that University for Special Approval for a propos Cylinder Storage Dock ", proposed to be located of the existing General Stores warehouse on No. 6- 64 -1 -2, be approved, does report to the Zoning the request of Cornell ed 30 -foot by 18 -foot "Gas in the storage yard area Town of Ithaca Tax Parcel There appearing to be no further discussion, the Chair called for a vote. • Aye - Grigorov, Kenerson, Baker, Lesser, Miller, Smith, Hoffmann. Nay - None. The MOTION was declared to be carried unanimously. Chairman Grigorov declared the matter of the recommendation to the Zoning Board of Appeals with respect to the Cornell gas cylinder storage dock duly closed at 10:45 p.m. OTHER BUSINESS Chairman Grigorov stated that she would like to have a nominating committee for next year's officers and asked William Lesser to chair the committee and Eva Hoffmann and Stephen Smith to be members of the committee. The committee would present nominations for chairman, vice - chairman and whether or not the committee would recommend Carolyn Grigorov and Bob Kenerson for another term because their terms expire at the end of this year. The nomination for chairman would come back to the Planning Board for recommendation to the Town Board. The nomination for vice - chairman is actually elected by the Planning Board itself. Chairman Grigorov asked for a volunteer to represent the Town Planning Board on the County Planning Board and will approach Virgina Langhans to continue as the Town's representative. • . O Planning Board 17 November 6, 1990 AGENDA ITEM. REPORT ON THE PROPOSED NEW YORK STATE DEPARTMENT OF 40 TRANSPORTATION ROUTE 13 BRIDGE REPLACEMENT AND ROAD IMPROVEMENT PROJECT. Chairman Grigorov opened the discussion on the above -noted matter at 10:51 p.m. and read aloud from the Agenda as noted above. Mary and Robert Swansbrough, of 605 Elmira Road, approached the Board and stated that they were concerned about what was going to happen with their property. Board Member Robert Kenerson asked Mr. and Mrs. Swansbrough if they had heard any explanation from anyone. Mrs. Swansborough responded that they have not heard anything, in fact they have not even been kept informed about meetings. Mrs. Swansbrough stated that she works in a restaurant and heard that 3 -4 years ago this project was being planned. Chairman Grigorov remarked that the NYSDOT was in charge of the project and they are getting comments from the Town and City. Mrs. Swansbrough said that no matter how the project proceeds their house will be wiped out. Assistant Town Planner George Frantz indicated on the appended map where the Swansbrough home is located. Mr. Frantz noted that the home is located on the southeast side of Route 13. Mr. Frantz, again pointing to the map, stated that "this" is Bell's Convenience; "this" is Route 13A (Five Mile Drive); "this" is Sandbank Road; "this" is Buttermilk Falls Road; "this" is the old railroad embankment. Continuing, Mr. Frantz pointed out the bridge over Buttermilk Creek that is • to be replaced; "this" is the bridge over the railroad and the Cayuga Inlet to be replaced. Pointing to the map, Mr. Frantz said that "this" version is the four -lane; the proposal is to begin just south of Bell's with two lanes, widen it, redo the intersection at 13A. Mr. Frantz said that the centerline would shift 24 feet from the existing centerline to the southeast, and this would be four lanes all the way into the City. Mr. Kenerson wondered if the old abuttments would be taken out, with Mr. Frantz replying that it looks like they are going to build the easternmost two lanes of the road first while probably keeping the old bridge open, then the old bridge comes down so they can start over again. Mr. Frantz stated that two of the four lanes are going to be built over the site of the existing bridge. Board Member Smith wondered if a lot of traffic was anticipated on Route 13A. Mr. Smith commented that he thought that was the only reason the DOT would construct four lanes. Board Member Miller offered that he had attended a meeting where it was stated the bridges are in need of replacement. Mr. Miller said that the DOT also stated that it was cheaper to build four -lane bridges rather than two -lane because with four lanes a temporary bridge does not have to be constructed; they build two lanes at a time. Mr. Miller said that two choices were offered as to whether one wanted two lanes between the bridges or four lanes. Mr. Miller, directing his comment to Mr. Frantz, stated that the DOT has four lanes locked in all the way through. Mr. Frantz agreed with Mr. Miller. Mr. Frantz, pointing to the map, said that "this" is the two -lane proposal which, essentially, widens out to three lanes to provide a • left -hand turn lane onto Route 13A, then it narrows back down to two lanes as it crosses the new railroad bridge, then it widens out to four lanes between Sandbank Road and the Buttermilk Falls entrance, then it is four Planning Board 18 November 6, 1990 • lanes all the way into the City. Mr. Frantz stated that he had viewed the cross - section and the difference between four lanes and two lanes is that the four -lane version is about 22 more feet of width in the area being impacted by the project. Mr. Miller offered that it was 2 million dollars more to build the four -lane. Mr. Kenerson noted that sewer and water would be extended in that areas it is Industrial Zoned, Business Zoned, and ten years after the DOT gets through the four lanes are needed. Mr. Miller wondered what happened to the original plan where the plan came down Newfield Hill and went down way around behind Turback's. Mr. Kenerson commented that they are still talking about it. Mr. Miller stated that he felt the DOT was mainly concerned about the new bridges, Mr. Frantz commented that he did not know if anyone has ever been under the bridge over the railroad track. Mr. Kenerson responded that it is in terrible shape. Mr. Frantz stated that he went under it once and, yes, it is in bad shape. Mr. Kenerson stated that construction would start in 1993 and take two years to complete. Mr. Smith wondered if the DOT was going to improve the vertical curve. Mr. Kenerson said that it looks like the same grades and visibility lines. Mr. Smith said that it sort of looks like they collapse all the lanes right at the worst part as far as the vertical curve goes. They all start to converge back to two lanes. Mr. Frantz, indicating on the map, stated that the sight distance is really bad right "here ", adding, it is not so bad "here ". Chairman Grigorov stated that whichever the DOT does, they would be taking out the Swansbrough house. Mr. Frantz agreed with Chairman Grigorov, adding that he highlighted the Swansbrough home on the map, along with highlighting the proposed right of way. Mr. • Frantz noted that "this" line is the toe of the proposed embankment of the road. Mr. Frantz said that in both cases it appears the Swansbrough house has to be removed. Mr. Lesser wondered what would happen if it remained two lanes, with Mr. Frantz responding that it is really the same thing. They are still moving the road "this" way, toward the Swansbrough home. Mr. Frantz stated that he thought the major problem was that the DOT has to keep "this" bridge open until they get at least two lanes of the new one built. Mr. Frantz stated that there is no feasible detour route for traffic. Mr. Frantz offered that farther down in the Town of Newfield on Routes 34/96 the DOT is replacing the overpass over the railroad grade, and at that point they had room to build a detour, several thousand feet in fact, but that does not have near the level of traffic. Mr. Miller stated that he felt that if they were going to put four lanes in they should go all the way out to the Routes 34/13 intersection, because in his opinion they are not gaining anything by putting four lanes in "here ". Town Engineer Dan Walker stated that there was a technical review session with the DOT, and the Town staff, City staff, and County staff were in attendance. Mr. Walker said that, primarily, with the budgetary situation within the State right now they do not have money to build highway improvements for traffic, they have funds available for bridges only, especially dangerous bridges. Mr. Walker stated that he thought the engineers at the State recognize the fact that four lanes are needed, for the amount of traffic that is there right now, and the situation where it comes right down to the City line, is very dangerous because of the downgrade and everything. Mr. Walker commented that he thought what they were trying to do by having the two bridges in the • project and putting the four lanes in between was to do some traffic lane improvements under the auspices of a bridge replacement. Mr. Walker remarked that the principal reason for that alignment is so that they can Planning Board 19 November 6, 1990 • utilize that bridge for traffic. Mr. Walker thought that regarding traffic control, volume -wise it is the least expensive way for the State to construct the improvements since the bridge is there, and there is a large amount of traffic. Mr. Kenerson wondered if there would be a center divider, with Mr. Walker resonding, no, it would be the same basic configuration as down in the City. Chairman Grigorov wondered if a bikeway has been considered. Mr. Frantz answered, no. Mr. Miller offered that a bikeway was mentioned at the meeting he attended, because the State Park and the City have already bought some rights on the old railroad track across the abuttment, commenting that there was discussion on constructing a bridge across there. Mr. Frantz stated that the State Parks has purchased the railroad right of way, and their plan was at one time to, yes, bridge the gap, use it for Cayuga Inlet Bicycle Pedestrian Trail which would connect Cass Park, and Robert Treman State Park, with Buttermilk Falls State Park. Mr. Frantz- stated that, as proposed, the abuttments would be taken out and the embankment graded back. Mr. Frantz stated that he had talked with Jesse Miller, State Park Engineer, about the possibility of constructing a bridge, and Mr. Miller stated that it would essentially double the length of the bridge they would need to do that. . Mr. Frantz noted that one proposal is the possibility of raising and lengthening the bridge over Buttermilk Creek and putting a bikeway /pedestrianway underneath it to connect the Park that way. Mr. Lesser stated that that sounds expensive. Mr. Frantz stated that he has not had a chance to study whether or not a bicycle lane the length of Route 13 is somethina that would be feasible or annronriate. Chairman Crianrnv Raid • that she thought the Transportation Subcommittee of the Comprehensive Planning Committee would probably want bike lanes along all the roads. Mr. Frantz commented that, if the Town were to decide through the Comprehensive Plan that the Inlet Valley were to be developed for residential, then an area would be created that would generate bicycle commuter traffic between this area and the City, and he would recommend something along there. Mr. Walker said that the Route 13 alignment itself may not be the most attractive place for that because of the grades, etc. Mr. Walker stated that he thought there were some lower areas down along the Flood Plain area that could probably be developed for the recreationway. Mr. Frantz said that the Cayuga Inlet Trail Project is actually several phases. Mr. Frantz pointed out Phase I, and noted that Phase II would connect Buttermilk Falls State Park via a trail through the wetland area to the east with Robert Treman State Park. Mr. Frantz said that that would provide a much nicer alternative. Mr. Kenerson remarked that the Planning Board has no veto power, and wondered if there would be another meeting held. Mr. Miller responded that the State did not have all the details about the road, but they are going to have another meeting and they are listening. Mr. Frantz stated that in his mind the two primary concerns are the impact on the wetland. Mr. Frantz remarked that it does not appear that the State is actually infringing on the physical wetland itself, but he felt that there could be some negative impacts, drainage - wise. Mr. Frantz said that another question the State has to investigate is whether or not there are any archeological resources in this area "here". Mr. Kenerson mentioned • the old schoolhouse (presently the Waldorf School) where there used to be an old Indian Village. Mr. Frantz responded that it was quite large for an Indian community and has been identified, but he has no knowledge of what F, Planning Board 20 November 6, 1990 • the extent of it was. Mr. Frantz stated that he was sure the State would be doing archeological studies. Mr. Lesser wondered if there were any plans, as part of the project, to realign the connection of Route 13 to Route 13A. Mr. Frantz responded, yes. Mr. Frantz, pointing to the map, stated that it is going to come around like "this ". Mr. Lesser asked if that was enough to accomplish anything. Mr. Miller commented that there is already a left turn there. Town Engineer Dan Walker commented that that is going to be a bad intersection no matter what they do. Mr. Miller said that the State is going to try to build the railroad overpass to get a better line of sight. Mr. Walker noted that right now the State feels that the level of service on Route 13A would decrease, with Mr. Walker commenting that the City, Town, and County staff members present at the meeting held about a month ago did not feel that was acceptable because with the improvement of Route 13 traffic will be travelling faster through there. Mr. Walker stated that the State responded that the consultants really have not looked at that, but they would do so. Mr. Walker said that the alignment considerations and the land takings are a major issue that was brought up at the meeting. Mrs. Swansborough, of 605 Elmira Road, said that she did not think speeding was a problem on Route 13 as the traffic is too heavy. Mr. Kenerson, directing other houses would be lost. Mr. the only one that appears Lillian Teeter home in that the his comment to Mr. Frantz, wondered if any Frantz replied that the Swansbrough home is to be lost. Mr. Frantz mentioned the Leo and road itself appears to not be moving closer to it. Mr. Miller Mr. Walker said that asked about the width of the current road right he thought it was wider than 60 feet because of way. of the • slopes. Mr. Frantz pointed out the existing right of way line on the map, and noted that it appears the State would be taking about 10 feet of the Teeter property. Mr. and Mrs. Swansbrough are very concerned about the loss of their home. Attorney Barney responded that the State has to compensate the Swansbroughs. At this point, Mr. Frantz informed the Swansbroughs that the Town has provided the State with the names and addresses of all adjacent property owners. Mr. Frantz said that the State has the ability to notify the owners. Mr. Frantz stated that if the Town receives any notices from the State he would notify the Swansbroughs. Chairman Grigorov asked if there were any other comments. There being none, Chairman Grigorov declared the Report on the proposed New York State Department of Transportation Route 13 bridge replacement and road A mprovement project duly closed at 11:20 p.m. ADJOURNMENT Upon Motion, Chairman Grigorov declared the November 6, 1990 meeting of the Town of Ithaca Planning Board duly adjourned at 11:20 p.m. • Respectfully submitted, Teresa Manheim, Temporary Secretary, Nancy M. Fuller, Secretary, Town of Ithaca Planning Board. • East Hill Gulf Station Ellis Hollow and Judd Falls Road Robert W. Andree, Inc., owner Planning Board, September 4, 1990 MOTION by Eva Hoffmann, seconded by Stephen Smith: RESOLVED, by the Town of Ithaca Planning Board, that the Public Hearing in the matter of Consideration of Preliminary Approval of of Modified Site Plan for the proposed expansion of the East Hill Gulf gasoline station be and hereby is adjourned until October 2, 1990 at 7:30 p.m., to allow time for the applicant to provide the following information. 10 Completion and clarification of the Environmental' Assessment Form, Part I and Part II. 2. Additional information as to the dimensions, illumination, height, and lettering of the proposed sign. 3. Information from the Zoning Enforcement Officer as to any interpretations by the Zoning Board of Appeals of use of a building for about 200 sq. ft. of commercial space in a Business "D" District. • 4. Additional information or clarification be provided on tank replacement or construction plans. s. Additional information or clarification be provided on drainage plans and drainage impacts. 69 Impact on traffic - More information on the Tompkins County plan for relocation of Pine Tree Road, 76 Information concerning the salt - intolerance of the proposed Yews on the landscape plans. 8. Additional information or clarification be provided on solid waste generation and disposal. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Kenerson, Baker, Miller, Smith, Hoffmann, Lesser. Nay - None. The MOTION was declared to be carried unanimously. mb/9/6/90 a c • • SHALEBROOR Deed Restrictions 1. The land shall be used for residential purposes only and may be improved with one single family dwelling per lot. There may be one subordinate apartment unit per dwelling which may not exceed the lesser of one -third of the total square footage of the structure, or 650 square feet. Each dwelling is required to have a garage capable of housing at least two ,automobiles. Such garages and other structures incident to private dwellings, including no more than one single level storage shed not exceeding 250 square feet, shall be compatible with the e terior design of the residence. No carports are permitted. Garage doors are to be kept closed when not in use":y 2. The living spaced area of any dwelling, exclusive of open porches, bay windows, basements and garages, will not be less than 1500 square feet. The ground floor area of any completed dwelling and related non - permeable surfaces, such as porches, patios, driveways and sidewalks, shall not exceed 15% of the total lot size. 3. All passenger vehicles of any kind belonging to permanent residents of the dwellings and subordinate apartments must be parked on the lots, off of the adjacent streets. Occupants of each subordinate apartment are limited to two vehicles. 4. The premises shall not be used for storage of any kind or nature except during' the course of construction of any improvement to the land and normal storage incidental to residential use. 5. No fence or walls other than the wall of a building shall exceed six (6) feet in height above.the natural ground. 6. The lots are not to be subdivided into smaller'lots. 7. The premises shall not be used for commercial purposes except for an accessory office or home occupation, as described in the Town Zoning Ordinance, 8. Hunting and trapping shall not be.allowed on any lot. 9. No open uncontained or unattended fires will be allowed on any lot, 10. No poultry, cattle, sheep, horses, pigs, goats, pigeons or other animals, except domestic pets, will be kept on any lot. No kennels, birds or insects used for commercial purposes are permitted. Domestic pets must be restrained on leashes whenever they are off the owner's premises. • + L 11. The exterior of any structure and finished grading and seeding must be completed within one year from the start of construction. All driveways shall be completed with an asphalt surface within two years from the start of construction. The date of issuance of the building permit shall be deemed to be the start of construction, 12. No above - ground swimming pools, or freestanding and visible TV, FM, ham radio or' aerial towers or television satellite dishes will be permitted on any lot. 13, No trailers, mobile homes or tents can be permanently located on any lots, 14. Mailboxes, newspaper receptacles and related posts will be specified by the developer and shall be maintained by the owner in a neat and orderly fashion. 15. All snowmobiles, boats, unlicensed automobiles, motorcycles or other machinery or equipment will be parked inside the structures on each lot. Recreational vehicles belonging to lot owners or visiting family or friends may be parked on the lot for no more than two weeks per year. 16. Every effort will be made to preserve the integrity of the area with regard to plants, trees and other vegetation, Pesticides, herbicides or toxic substances are to be used.in a responsible manner. No.tree in excess of eight (8) inches in diameter at a level of four (4) feet above the ground will { • be unnecessarily removed. The only exception to these clearing restrictions may be made when a lot owner can � demonstrate to the satisfaction of the onin En or ce -men ��. Officer for the Town of Ithaca that afl `existing ree is endangering health, safety or property, 17. No improvement upon any lot within the Subdivision will be equipped with exterior lighting causing direct or indirect glare, Direct or indirect glare is defined for the purpose of these restrictions as illumination beyond property lines caused by direct or reflected rays from any form of lighting. This provision does not apply to the lamp posts required in- item 21:, which are intended to provide street illumination. 18. The operation of all licensed vehicles will be restricted to dedicated and /or private Subdivision roads designed for vehicular traffic. Snowmobiles, motorcycles, motor scooters or any motor operated vehicle, bicycle, and the like, will not be permitted to operate on� any open lot or land area, pedestrian path or walkway, except special trails, if any, specifically designated for such purpose. 19. Subject to other provisions of the covenants, owners of vacant lots are responsible for clearing the lots of underbrush and debris and keeping them mowed on a regular basis, • • � J 20. Garbage containers are to be stored inside the structures on each lot except for the day each week when garbage pick -up is scheduled. • 21. Each lot owner will be responsible for installing, electrifying and maintaining one lamp post the style of which will be specified by the developer. Such lamp post will be controlled by an electric eye and placed in a location identified by the developer near the street. • is 22. All plans for location, architectural style and exterior building materials of the initial homes on each lot, subsequent additions and modifications, and storage structures must be approved by an Architectural Review Board before construction may begin. Excessive excavation and fill should be avoided and the natural slope of the land incorporated in the site plans. On lots 6, 7, 18 and 19 rear yard setbacks shall be at least 80 feet from the center line of Williams Brook and no construction shall occur within such setback area or extend beyond the edge of the gorge. 23. For purposes of initial construction on each lot, the Architectural Review Board shall consist of Richard A.-Perry, Mary Louise Perry and Thomas Neiderkorn. For purposes of subsequent additions, modifications and storage structures, the Architectural Review Board shall consist of three lot owners to be elected by a majority of lot owners. Such Board members shall serve three -year terms 1, with the exception of the initial terms of two members which shall be for one and two years.respectively so that in subsequent years one term will be expiring each year. Such Architectural Review Board may become part of a homeowners' association should the residents of Shalebrook choose to form one. Notwithstanding any of the foregoing, any zoning regulation more restrictive, with respect to matters set forth above, shall govern. Conversely, any' of the aforementioned covenants more restrictive than any applicable zoning regulation, shall govern. The Town of Ithaca may, but is not obliged to enforce these deed restrictions or purposes of this Subdivision, any violation o these deed re's`trictions shall be considered to be a violation of the Zoning Ordinance of the Town of Ithaca r Amendments or modifications to these restrictive covenants may be made by the vote of at least 75 percent of the owners of lots in the subdivision, upon Town Board approval. 06/14/90 • Kra 9c" • 10/30/90 ER Comm.'s comments on CU's gas sylinder storage shed We note that some EAF Qs were ans'd. incorrectly: #8 yes should be no #11 yes should be no We note that we were not supplied with topographic information, so that we could not properly analyze.impacts. We note that the additional information that would have been provided by the new EAFs was not supplied We note that this project is an additional incremental industrial use in an R -30 zone Our recommendation: Is there some urgency for this project? I.e., Is the present storage system for these gas sylinders a dangerous situation.) If yeses -- then applicant must come back with a statement of how this project will address that danger. Project review could then move ahead, but not until after applicant provides a security design (so that, e.g., the open shed will not be accesible to vandals) -- • and provides analysis of any potential impacts on (1) Cascadilla creek and (2) BTI experiments. If no -- then do not act on this project at all until CU has supplied a DEIS on its entire plans for this part of town, to include among other things details on where all of the University's industrial- type--support facilities are to be located. And for this particular project, in proximity to Casca- dilla, we assume the EIS will address general protection for that stream and gorge. • • AFFIDAVIT OF PUBLICATION State of New York, Tompkins County, ss., Gail Sullins being. duly sworn, deposes and says, that she /he resides in Ithaca, county and state aforesaid and that she /he is Clerk of The Ithaca Journal a public newspaper printed and published in Ithaca aforesaid, and that a notice, of which the annexed is a true copy, was published in said paper d •nd that the first publication of said notice was on the 1 day of 'S \1 � , e r 19 Subscribed and sworn to before me, thiiss� C day • /?LI Notary Public, JEAN FORD Notary public, State of New York' No. 4654410 Qualified in Tompkins County Commission expires May 31, 19tq/ J TOWN OF,._ITHACA PLANNING BOARD 'NOTICE OF PUBLICmHEARING TUESDAY; NOVEMBER 6, 199 By: direction of the:,Chairma of the Planningg Board, NOTIC IS HEREBY,GIVEN,sthot Publi Hearings 'will; be• held by th Planning Board of the Town o Ithaca on Tuesday; Novembe 6, 1990, in Town Hall, •126 Eas Seneca Street, Ithaca, N.Y., a the following times and on th following matters: 7:30 P.M. Consideration of- Subdivision Approval for the Proposed subdivision of op.. I proximately 1,35 plus /minus.; acres from Town of Ithaca Tax ° Parcel No. 6- 34 -1 -4, located at 231 Enfield. Falls Road, Resi- , Bence District R -30. Estate of Ruth S. Royce, Owner; George a i R. Pfann, Esq.; Agent:' S 1 7:45 P.M. .Consideration of 01 Preliminary. Site Plan Approval. n ; for the proposed expansion of E the East Hill Gulf gasoline,sta c tion, located in a Business "D ". e District, at the corner of Ellis f I Hollow Road and Judd Falls 1i r I Road, Town of Ithaca Tax Par -' t' cel No. 6 -62 -2 -1.13, such ex-'l t pan, sian consisting of replace:" e ment of 'the existing. canopy,:. Pumps, , and .cashier s booth I with a larger canopy, , new Pumps, and larger cashier's booth, demolition of an exist -• ing film /photo "`de'veloping kiosk on the site, and modifi -' cation of the entry drives to I the site. Robert W. Andree, Applicant. (Adjourned from September 4, 1990 and Octo- ber 2, 1990.) 8:15 P.M. Consideration of Fi -' nol Subdivision Approval for Phase I -A of the proposed "Shalebrook" subdivision, proposed to consist of 12 lots on 14.25 plus /minus acres, lo- ' cated at 1138 Trumansburg Road, Town of Ithaca Tax Par- I cel No. 6-27 -1 =11.2, Residence 1 District R -15. Richard and Jo I Perry, Owners /Applicants; Thomas Niederkorn, Agent. . 8:45 P.M. Consid'eroiion of Fi- nal Subdivision Approval' for the proposed subdivision .of Town of Ithaca Tax Parcels No. 6 -23 -1 -29.1 and -29.2 (for- merly Parcel No. 6- 23- 1 -29), approximately ten acres total, I located at 1445 Trumansburg J Rood, into ten lots, one of j which contains• an, existing dwelling. Guy L. Burrell, Be- i atrice B. Burrell, and John Ti -' litz, Owners; John 'Tllitz, Ap- plicant. 9:15 P.M. Consideration 'of a Recommendation to the Zon- ing Board of Appeals with re- spect to a request for Special ' Approval for a proposed 30- foot by 18 -foot "Gas Cylinder ' Storage Dock", proposed to i be located on Town of, Ithaca Tax Parcel No. 6- 64 -1 -2, east , of the Cornell Orchards area approximately 2, 100 feet south of NYS Route 366 and . 2,500 feet west of Game Farm Rood, Residence District R -30. Cornell University, Owner; Ar- thur G. Stiers,'Agent. Said Planning' Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent . or in person. Jean H. Swartwood Town Clerk ; 273.1721 . November 1, 1990