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HomeMy WebLinkAboutPB Minutes 1993-09-14FINAL F7ITOWr4 Of IT1?A. 7A ;,ter , Q�l s TOWN OF ITHACA PLANNING BOARD September 14, 1993 The Town of Ithaca Planning Board met in regular session on Tuesday, September 14, 1993, in Town Hall, 126 East Seneca Street, Ithaca, New York, at 7 :30 p.m. PRESENT: Chairperson Carolyn Grigorov, Virginia Langhans, James Ainslie, Stephen Smith, Candace Cornell, Floyd Forman (Town Planner), John Barney (Town Attorney). ALSO PRESENT: David Auble, Nancy Goody, John Gutenberger, Attorney Shirley Egan, Cathy Valentino, Chairperson Grigorov declared the meeting duly opened at 7:39 p.m. and read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fire Prevention and Control. AGENDA ITEM PERSONS TO BE HEARD. There was no one present to be heard. Chairperson Grigorov closed this segment of the meeting at 7:40 p.m. AGENDA ITEM: DISCUSSION OF DGEIS TO ENSURE THAT ALL CHANGES REQUIRED BY THE PLANNING BOARD TO BE MADE TO THE DOCUMENT PRIOR TO A DETERMINATION CONCERNING WHETHER TO ACCEPT THE DOCUMENT AS SATISFACTORY WITH RESPECT TO ITS SCOPE, CONTENT AND ADEQUACY FOR THE PURPOSE OF COMMENCING PUBLIC REVIEW HAVE BEEN MADE. Chairperson Grigorov declared the discussion in the above - noted matter duly opened at 7:41 p.m. Chairperson Grigorov asked the Town Planner what the consultant had to say about the document. Town Planner Floyd Forman addressed the Board and stated that Ken Gordon (Project Consultant) had only positive things to say. Mr. Gordon felt that the document was vastly improved and that Cornell's staff did a good job. Mr. Gordon made a lot of positive comments about the GEIS and the changes that have been made. Mr. Forman suggested to the Board that the DGEIS is now ready for public hearings. Mr. Forman stated that there was one question in Appendix B, which reads "locations within the study area have been outlined with a black border ", but there is no black border. Virginia Langhans stated that most of the information pertaining to Precinct 7 should have had a black border around it, but it had been left off. There appearing to be no further discussion or comments from the Board, Chairperson Grigorov asked if anyone were prepared to offer a motion. Town of Ithaca Planning 19, 1992, Board September 14, 1993 MOTION by Candace Cornell, seconded by Virginia Langhans: WHEREAS, Cornell University ( "Cornell ") has requested the Town of Ithaca to consider rezoning certain lands of Cornell in the "Precinct 7" area off of Route 366 from Residence District R -30 to a Special Land Use District or similar district; and WHEREAS, the Town of Ithaca Planning Board has been designated lead agency under the State Environmental Quality Review Act and related local provisions and regulations; and WHEREAS, Cornell offered to submit a Generic Environmental Impact Statement ( "GEIS ") in view of all of the activity previously undertaken, tentatively planned, and considered in the future in and around the area proposed for rezoning, and the Planning Board, with the consent and active encouragement of Cornell has found that the all of such activity warrants the preparation and submission of a GEIS; and WHEREAS, on May 19, 1992, Cornell submitted a Draft Generic Environmental Impact Statement ( "DGEIS); and WHEREAS, there has been intense review by Planning Consultant of the DGEIS pursuant to 6 the Town's staff NYCRR Part 617 and (the "SEAR Regulations "), and particularly Sections 617.15 of the SEQR Regulations to determine its adequacy for the purpose of commencing public 617.8, 617.14 scope, content, review; and and and WHEREAS, and again on this Board by resolution adopted on August 18, 1992, March 30 1993 determined that the DGEIS was not yet adequate for submission to the public for review and enumerated the reasons for this determination; and WHEREAS, Cornell revised the DGEIS and resubmitted same to this Board on May 18, 1993, and WHEREAS, there was further review by the Town's staff and planning consultant resulting in recommendations regarding the adequacy of the DGEIS for submission contained in a memorandum of the Town Planner to this Board; and WHEREAS, the Planning Board found the DGEIS adequate for public review by resolution adopted June 1, 1993; and WHEREAS, subsequent to such finding the Planning Board and Cornell, by mutual consent, agreed to supplement and amend the DGEIS by including at draft of proposed legislation for a special land use district, and 2 1 Town of Ithaca Planning Board September 14, 1993 WHEREAS, the revised and supplemented DGEIS has been resubmitted to the Planning Boards including filing a THEREFORE, IT IS RESOLVED, that at this time the Planning Board finds that the DGEIS as so supplemented and amended is satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review; and it is further RESOLVED, that a Public Hearing on the DGEIS be held October 19, 1993, at Town Hall at 7:30 P.M.; and it is further RESOLVED, that the Town Planner and other Town Staff are requested and directed to take those steps, including filing a Notice of Completion of Draft EIS with the New York State Department of Environmental Conservation, as may be necessary or appropriate to commence the public review of the DGEIS. There being no further discussion, the Chair called for a vote. Aye - Grigorov, Langhans, Ainslie, Smith, Cornell. Nay - None. The MOTION was declared to be carried unanimously at the September 14, 1993 Town of Ithaca Planning Board meeting. Board member Candace Cornell stated that the DGEIS was an excellent document. Chairperson Grigorov stated the Public Hearing would be held on October 19, 1993 at the Town Hall, 126 East Seneca Street. Board member Candace Cornell asked where the document would be available for public review. Nancy Goody responded that there would be two copies available at the Town Hall, Tompkins County Library, Mann and Olin Libraries. All of the official agencies that have to be notified will be, along with a Transmittal Notice. John Barney asked that Nancy Goody provide an Affidavit showing to whom the Notice of Completion of Draft EIS was sent to. Nancy Goody responded that she would do that. Chairperson Grigorov asked if anyone had any further comment regarding the DGEIS, no one spoke. Chairperson Grigorov duly closed the discussion of the DGEIS. t3 Town of Ithaca Planning Board September 14, 1993 AGENDA HEARING ITEM: DISCUSSION OF COMMENTS MADE AT AND CONSIDERATION OF APPROVAL OF DRAFT AUGUST 31, COMPREHENSIVE PUBLIC PLAN. Chairperson Grigorov declared the public meeting in the above - noted matter duly opened and read aloud from the agenda as noted above. Chairperson Grigorov stated that there was some additional information since the meeting on August 31, 1993 and it was not included in the mailout that the Board Members received. Town Planner Floyd Forman asked Chairperson Grigorov if he could move on to Other Business and then return to the Comprehensive Plan comments. Chairperson Grigorov replied that it would be alright to proceed to Other Business at this time. AGENDA ITEM: OTHER BUSINESS - ZONING MAP Town Planner Floyd Forman addressed the Board and stated that the Zoning Map had only a couple of changes made to it. The Hospicare parcel was previously zoned for Multiple Residence and is now R -30 and R -15. The Sapsucker Woods Road area that was shown as S -2, are the apartments owned by Rocco Lucente. The area is not a Special Land Use District, it is actually an R -15 District, with up to four units allowed in each building. NOTE: The Zoning Map was not for discussion at this meeting because a Public Hearing is scheduled for the Planning Board on September 21, 1993 to recommend to the Town Board that the map be approved. The map was distributed so that Board Members would have ample time to review the map for possible errors. Town Planner Floyd Forman concluded by stating that those were the only changes made to the map. Mr. Forman asked the Board Members to review the map, then bring it back to the next meeting. There being no further discussion regarding the Zoning Map, the Chair closed this part of the meeting and gave the Board Members 10 minutes to review the comments regarding the Comprehensive Plan. AGENDA ITEM: DISCUSSION OF COMMENTS MADE AT AUGUST 31, PUBLIC HEARING AND CONSIDERATION OF APPROVAL OF DRAFT COMPREHENSIVE PLAN. (CONTINUED FROM EARLIER) Chairperson Grigorov asked if there were any comments regarding the information reviewed. Board Member Virginia Langhans asked if the Board had heard from the League of Women Voters before. 0 it Town of Ithaca Planning Board September 14, 1993 Town Planner Floyd Forman responded that they had heard from Mary Russell (a member of the League of Women Voters) regarding the Comprehensive Plan before, but not specifically from the League. Dooley Kiefer is also a member of the League and the Board had also heard comments from her. Board Member Stephen Smith addressed the Board and stated that under Rural Residential Use, Page 4 -11, the Comprehensive Plan reads "a minimum of one housing unit per acre ". Mr. Smith wondered if that was correct. It should read "a maximum of one housing unit per acre ". Board Member Candace Cornell asked about the deadline for submitting typos to the Planning Department. Town Planner Floyd Forman responded that any corrections or typos would need to be in within the next few days. Dave Auble addressed some additional time to zoning has been changed f which really effects his stated that he has water Rural Residential on. the the Board and stated that he would like submit comments, because his property's rom Multiple Family to Rural Residential understanding of the Plan. Mr. Auble and sewer and that his land is shown as colored map. Ms. Cornell reminded Mr. Auble that this is not a Zoning Map, that it is an Antici=pated Land Use Patterns Map. Mr. Auble stated that it was an anticipated preface to the rezoning process, which is the way he reads and understands the Comprehensive Plan. Town Planer Floyd Forman st Auble was saying and that this is problem. Mr. Forman went on to area is shown as Rural Resident water and sewer. Mr. Forman Regulations in that it will not his area has water and sewer. ated that he understood what Mr. nothing more than a typographical say that the reason most of the ial is because they do not have mentioned the Board of Health effect Mr. Auble because most of Mr. Auble responded that the definition of Rural Residential is not really needed, the Board could just say "the land where you don't have water and sewer you would be controlled by the Board of Health ". Ms. Cornell asked what Stuart Brown's comments were. Town Planner Floyd Forman responded that there were some comments on SEQR and the SEQR process in one of the letters, and in one of the presentations made at the Public Hearing on August 31, 1993, and Mr. Forman felt it was necessary for a response as it related to SEQR. 5 Town of Ithaca Planning Board September 14, 1993 Ms. Cornell asked if the Board would approve the SEQR at the same time the document was approved. Town Planner Floyd Forman stated that the SEQR approval would come first, then the resolution. Board member James Ainslie stated that Mr. Auble still feels that he should be able to use the land the way he feels it should be used. Mr. Ainslie stated that he thought the planners feel that they would like some industrial development there, which would be about the size of East Hill Plaza. Mr. Ainslie further stated that Ithaca College is not going to expand, private schools are in trouble. If the Board could convince Mr. Auble that this was not being done against him, maybe it would help him out. Chairperson Grigorov stated that she understood that it was done because that is what the Town expects to see there in the future. This is just what we anticipate, no zoning has been changed or will be changed simply because of this map. Mr. Ainslie asked that Mr. Auble be able to read the letter from John Whitcomb, if that was alright with the Board. (Hereto attached as Exhibit #1) Board member Virginia Langhans asked if there were any other section of the map that had been changed from the existing zoning map. Town Planner Floyd Forman responded, yes, there had been, and to remember that this is anticipated use. People should not compare this to the zoning map, but to the 1990 and the 1968 land use maps. Mr. Auble, referring to potential investors, said that they look at the map and say that they are not going to get involved in a problem with a Town that wants to change the zoning for a lesser density. This map raises a red flag in their minds, and makes it impossible to negotiate with potential investors. This is the only major down - zoning Mr. Auble sees in the entire Comprehensive Plan, which contradicts the principals that the Plan states that dense zoning should take place where you have infrastructure. Mr. Auble stated, "I have infrastructure ". Mr. Auble feels that he has been put at a real disadvantage and feels that he has been penalized. Chairperson Grigorov stated that there is nothing to keep Mr. Auble from using his land as it is zoned now. Town Attorney John Barney stated that the Board held three neighborhood meetings at which Mr. Auble made his comments and the Board had the forma]. public hearing at which Mr. Auble also made his comments. The Board is well aware of Mr. Auble's position, however, the issue tonight is what this Board wants to do with the Plan. Mr. Barney stated that the discussion be limited to the Town of Ithaca Planning Board September 14, 1993 Board and the issues that are in front of it tonight. Mr. Ainslie then asked the Board if there was anything to stop Mr. Auble from developing his property. Attorney Barney responded, as of today, that is correct. Town Planner Floyd Forman stated that they are anticipating development of 4,000 new housing units in the Town over the next 20 years and the purpose of the plan is to accommodate those people, to accommodate them where we have existing infrastructure, and where we plan future infrastructure. Mr. Forman stated that we will accommodate them in an environmentally sensitive way. Mr. Forman said that it is impossible to please everybody, but the purpose of the Plan is to be environmentally sensitive and to be sensitive to peoples pocketbooks so we do not waste money on water and sewer projects that may not be needed. Board member Candace Cornell stated that there are issues in the Comprehensive Plan that she did not feel were strong enough, and other issues that she believes might be too strong. Although it may not be perfect, it is a Plan; when the time comes to implement the Plan that is the time to make points stronger or weaker. This document does not have the scope to solve everyone's problems, that is the beauty of the plan, because it enables the Planning Board to start addressing those problems in a cohesive and planned fashion. Ms. Cornell stated that by passing the Plan, the Board opens the door to begin the process of working on these issues and solving them. Ms. Cornell stated that without the Plan the Board does not have any mechanism to approach these issues. Chairperson Grigorov asked the Board about the League of Women Voters and Dooley Kiefer's idea that a philosophical statement for the Plan be included within the Plan. The Board unanimously decided that a philosophical statement was not wanted or needed. Board member Candace Cornell stated that she was looking forward to working on the Comprehensive Plan and to begin work on everyone's particular problems and the problems we have with the Town and the community. Ms. Cornell further stated that she would like to ask the Board to consider passing the Plan so that the Board could begin work on it. Board member Virginia Langhans addressed the Board and stated that she had spoken with Board Member Robert Kenerson, (Mr. Kenerson was unable to attend this meeting) prior to the meeting. Mr. Kenerson asked Ms. Langhans to mention to the Board that he is concerned that the Board is passing the Plan too quickly, and would 7 Town of Ithaca Planning Board September 14, 1993 like to know why the rush to pass it. Ms. Langhans also stated that Mr. Kenerson felt that the Town of Ithaca should have given neighboring Towns and Villages more time to look at the Comprehensive Plan, Town Planner Floyd Forman stated that the City and County were given copies of the Comprehensive Plan when the Planning Board initially received their copies, which was at the beginning of the year. Anyone who wished to see a copy of the Plan and wanted to comment have had ample opportunity to do so. Ms. Langhans stated that she would like to wait until Mr. Kenerson and Mr. Finch were present to vote on the Comprehensive Plan. The Planning Board decided to wait until all participating members were present: to vote on the adoption of the Comprehensive Plan. Board member James Ainslie stated that some of the letters received from the public were simply confirmation of what was said publicly at the meeting on August 31, 19936 Chairperson Grigorov stated that the comments made by David Nutter regarding terminology referring to bicycles should be looked at and corrected. Mr. Ainslie stated that he had a concern about bike use within the Town, the Town controls only a small number of the highways that go through the Town, so the Town cannot change the County roads and State roads and put bikeways there. Attorney John Barney stated the Town of Ithaca could put in a bikeway with County or New York State Department of Transportation (NYSDOT) consent because they own the right of way. Chairperson Grigorov stated that the Town would have to pay for its construction. Chairperson Grigorov asked if there were any further comments. Board member James Ainslie stated that he had a question regarding comments made by Mr. Stotz at the August 31, 1993 Public Hearing. Mr. Stotz had mentioned the agricultural land on West Hill. and did not see why there could not be a lot more development there and that the octopus would make this a very desirable place to live. However, Mr. Ainslie added that one of the big problems is that there is no water up there. There is no need for development up there. Town of Ithaca Planning Board September 14, 1993 Town Planner Floyd Forman asked if the Board wanted him to come to them with a list of the typo's for their approval or would the Board prefer that the Planning staff just take care of the changes and then report to the Board what has been done. The Board concurred that the changes could be done by the Planning staff without their prior approval. AGENDA ITEM: REPORT OF THE TOWN PLANNER. There was not a report from the Town Planner at this time. This portion of the meeting was closed. AGENDA ITEM: ADJOURNMENT. Upon Motion, Chairperson Grigorov declared the Town of Ithaca Planning Board meeting of September 14, 1993 duly closed at 9:42 p.m. 12/13/93 Respectfully submitted, "JA �/ e- StarrRae Hays, Town of Ithaca 9 Recording Secretary Planning Board