HomeMy WebLinkAboutPB Minutes 1994-05-03FINAL FILED
TOWN OF /I HACA
TOWN OF ITHACA PLANNING BOARD Date r 9�
MAY 31 1994 Cler
The Town of Ithaca Planning Board met in regular session on
Tuesday, May 3, 1994, in Town Hall, 126 East Seneca Street, Ithaca,
New York, at 7:30 p.m.
PRESENT: Chairperson Robert Kenerson, Virginia Langhans, Eva
Hoffmann, James Ainslie, Herbert Finch, Candace Cornell,
Stephen Smith, Gregory Bell, Daniel Walker (Town
Engineer) , George Frantz (Assistant Town Planner) , Louise
Raimondo (Planner I), John Barney (Town Attorney).
ALSO PRESENT: William
Albern, Paul
Jacobs,
Janet Hawkes, Robert
Russler,
Lew Roscoe,
Attorney
Shirley
Egan.
Chairperson Kenerson declared the meeting duly opened at 7 :30
p.m. and accepted for the record the Secretary's Affidavit of
Posting and Publication of the Notice of Public Hearing in Town
Hall and the Ithaca Journal on April 25, 1994, and April 28, 1994,
respectively, together with the Secretary's Affidavit of Service by
Mail of said Notice upon the various neighbors of the property
under discussion, as appropriate, upon the Clerks of the City of
Ithaca and the Town of Ithaca, upon the Tompkins County
Commissioner of Planning, upon the Tompkins County Commissioner of
Public Works, and upon the applicants and /or agents, as
appropriate, on April 29, 19940
Chairperson Kenerson 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 were no persons present to be heard. Chairperson
Kenerson closed this segment of the meeting.
AGENDA ITEM:
APPROVAL OF MINUTES - APRIL 19, 1994
Motion by Herbert Finch, seconded by James Ainslie:
RESOLVED, that the Minutes of the
Board Meeting of April 19, 1994, be and
written.
There being no further discussion,
vote.
Town of Ithaca Planning
hereby are approved as
the Chair called for a
Aye - Kenerson, Langhans, Ainslie, Finch, Cornell, Smith.
Nay - None.
Abstain - Hoffmann, Bell.
The MOTION was declared to be carried unanimously.
Planning Board 2 May 3, 1994
APPROVAL OF
MINUTES -
MARCH 1, 1994
Little
Savings
Motion
by Virginia
Langhans,
seconded by Eva Hoffmann:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of March 1, 1994, be and hereby are approved with the
following correction.
That, on Page 3, Paragraph 2, First Sentence, - Mark Macera
responded and stated definitely - should be changed to read "Mark
Macera responded and stated, definitely."
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Ainslie, Finch, Hoffmann, Cornell,
Smith.
Nay - None.
Abstain - Bell.
The MOTION was declared to be carried.
APPROVAL OF MINUTES - FEBRUARY 15, 1994
Motion by Herbert Finch, seconded by Virginia Langhans:
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of February 15, 1994, be and hereby are approved with
the following correction:
That,
stated that
on Page 1, Paragraph 4,
he and his wife had an
Second Sentence, - Mr.
agreement with Citizen's
Little
Savings
Bank to but
stated that
this property, - should
he and his wife had an
be changed to read "Mr.
agreement with Citizen's
Little
Savings
Bank to buy
this property."
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Smith,
Cornell.
Nay - None.
Abstain - Bell.
The MOTION was declared to be carried unanimously.
APPROVAL OF MINUTES - JANUARY 18, 1994
Motion by Virginia Langhans, seconded by Herbert Finch.
RESOLVED, that the Minutes of the Town of Ithaca Planning
Board Meeting of January 18, 1994, be and hereby are approved as
written.
There being no further discussion, the Chair called for a
vote.
Planning Board 3 May 3, 1994
Aye - Kenerson, Langhans, Ainslie, Hoffmann, Finch, Cornell,
Smith.
Nay - None.
Abstain - Bell.
The MOTION was declared to be carried.
APPROVAL OF MINUTES - MARCH 23, 1993
Motion by Virginia Langhans, seconded by James Ainslie:
RESOLVED, that the Minutes of the
Board Meeting of March 23, 1993, be and
written.
There being no further discussion,
vote.
Town of Ithaca Planning
hereby are approved as
the Chair called for a
Aye - Kenerson, Langhans, Ainslie, Finch, Cornell, Smith.
Nay - None.
Abstain - Hoffmann, Bell.
The MOTION was declared to be carried.
AGENDA ITEM: CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR LOT
NOS. 1 THROUGH 32, THE PROPOSED 11 +/- ACRE "LIGHT INDUSTRIAL "'
PARCEL, AND THE 8.4 +/- ACRE PARCEL PROPOSED AS PUBLIC PARK
DEDICATION, OF THE PROPOSED "SAPONI MEADOWS" SUBDIVISION, AND
INCLUDING APPROXIMATELY 2,550 FEET OF PROPOSED PUBLIC ROADS, AND
PUBLIC WATER AND SEWER FACILITIES, LOCATED ON TOWN OF ITHACA TAX
PARCEL NO. 33- 3 -1.21 80 +/- ACRES TOTAL, ON THE EAST SIDE OF SEVEN
MILE DRIVE APPROXIMATELY 700 FEET SOUTH OF BOSTWICK ROAD, RESIDENCE
DISTRICT R -30. EDDY HILL, INC., OWNER; WILLIAM F. ALBERN, P.E.,
AGENT,
Chairperson Kenerson declared the Public Hearing in the above -
noted matter duly opened at 7:38 p.m. and read aloud from the
Notice of Public Hearings as posted and published and as noted
above.
William Albern addressed the Board and stated that he felt
that his clients had met all of the requirements that were made by
the Town of Ithaca, and that they had come before the Board at this
meeting for Final Subdivision Approval of 35 parcels; 32 parcels
would be residential lots, one parcel would be a park, one is the
light industrial zone, and the 35th parcel would be a future
subdivision site for approximately 20 lots. Mr. Albern stated that
he was prepared to answer any questions the Board had regarding the
Saponi Meadows Subdivision.
Chairperson
Kenerson
noted
that this
was a Public Hearing and
asked if anyone
from the
public
wished to
speak.
Janet Hawkes addressed the Board and stated that she was the
Chair of the Environmental Review Committee as well as a member of
the Conservation Board, and wished to give a brief summary of the
Planning Board 4 May 3, 1994
Committee's concerns. Ms. Hawkes stated that the Committee would
like the Planning Board to add a condition (h) to the proposed
resolution for the Saponi Meadows Subdivision. Ms. Hawkes read the
Environmental Review Committee's proposed condition (h) to the
Board. (Environmental Review Committee's comments are attached
hereto as Exhibit #1)
The Planning Board members reviewed and discussed the best way
to handle the conservation of the space along the streams located
on the proposed subdivision property. There was some discussion
regarding how to measure distance from the streams, the
Environmental Review Committee suggested that the setback distance
from the streams should be measured from the median high -water
mark. The Planning Board decided that for the ease of enforcement,
it would be best if measured from the center of the streams.
Board Member Candace Cornell stated that the problem with
measuring from the center of the streams is that there are places
where the streams are very wide because they meander quite a bit.
Chairperson Kenerson noted that this was a Public Hearing and
asked if anyone else present wished to speak. No one spoke.
Chairperson Kenerson closed the Public Hearing and brought the
matter back to the Board for discussion.
Board Member Virginia Langhans asked if the covenants and
restrictions were agreeable to the Board Members. Ms. Langhans
also asked Mr. Albern about Item #6, regarding mobile homes being
kept on the property for dwelling purposes. (Covenants and
Restrictions for Saponi Meadows hereto attached as Exhibit #2)
Mr. Albern
stated that he
felt that the
issue was the
definition
of a
mobile
home versus
a recreational
vehicle.
The Board Members discussed the archeological dig that would
be taking place on the property, and asked if there was a time
frame for the completion of the dig.
Mr. Albern stated that the archeological dig would be
completed by the end of June.
The Board discussed changes to the proposed resolution for the
Saponi Meadows Final Subdivision Approval.
There being no further discussion, the Chair asked if anyone
were prepared to offer a motion.
MOTION by Eva Hoffmann, seconded by Candace Cornell:
WHEREAS:
1. This action is the consideration of Final Subdivision Approval
for Lot Nos. 1 through 32, the proposed 11 +/- acre "Light
Industrial" parcel, and the 8.4 +/- acre parcel proposed as
public park dedication, of the proposed "Saponi Meadows"
Subdivision, and including approximately 2,550 feet of
Planning Board 5 May 3, 1994
proposed public roads, and public water and sewer facilities,
located on Town of Ithaca Tax Parcel No. 33- 3 -1.2, 80 +/- acres
total, on the east side of Seven Mile Drive approximately 700
ft. south of Bostwick Road, Residence District R -30. Eddy
Hill, Inc., Owner, William F. Albern, P.E., Agent.
2. This is a Type I Action for which the Town of Ithaca Planning
Board, acting as Lead Agency in environmental review, did, on
March 1, 1994, make a negative determination of significance,
and
3. The Planning Board, at a Public Hearing held on March 1, 1994,
did review and grant Preliminary Subdivision Approval, with
conditions, to a preliminary subdivision plat entitled "Plat -
Middle and North Sections Saponi Meadows, Saponi Meadows
Subdivision, Seven Mile Drive, Ithaca, New York," prepared by
Robert S. Russler, Jr., L.S., and dated January 14, 1994, a
plan of the entire subdivision entitled "Saponi Meadows"
prepared by William F. Albern, P.E. and dated February 24,
1994, and other application materials, and
4. Per Article IV, Section 21 of the Town Subdivision Regulations
the Town Board on April 11, 1994, did review and accept the
proposed dedications of 8.3 +/- acres for public park and open
space purposes, proposed public roads, and proposed public
water and sewer facilities, proposed by the applicant.
59 The Planning Board, at a Public Hearing held on May 3, 1994,
has reviewed the application materials submitted for Final
Subdivision Approval for Saponi Meadows Subdivision Phase I,
including Sheet 2 of 7, entitled "Plat -- -Light Industrial,
Park, and Lot 33, (South Section) Saponi Meadows ", Saponi
Meadows Subdivision, Seven Mile Drive, Ithaca, New York, dated
March 14, 1994, and prepared by Robert S. Russler, Jr., L.S.,
Sheet 3 of 7, entitled "Plat -- -Lots 1 Through 3211, Saponi
Meadows Subdivision, Seven Mile Drive, Town of Ithaca,
Tompkins County, New York State, prepared by Robert S.
Russler, Jr., L.S.I. and dated March 14, 1994, Sheet 4 of 7,
entitled "Water & Sewer Plan -- -Lots 1 Through 3211, Saponi
Meadows Subdivision, Seven Mile Drive, Ithaca, New York, dated
March 14, 1994, and prepared by William F. Albern, P.E., and
other application materials, and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Town of Ithaca Planning Board hereby waives certain
requirements for Final Subdivision Approval, as shown on the
Final Subdivision Checklist, having determined from the
materials presented that such waiver will result in neither a
significant alteration of the purpose of subdivision control
nor the policies enunciated or implied by the Town Board.
2. That the Planning Board hereby grants Final Subdivision
Approval for the proposed Subdivision of those portions of
Town of Ithaca Tax Parcel No. 33 -3 -1.2 as shown on the
Subdivision Plat, Sheet 2 of 7, entitled "Plat -- -Light
Planning Board 6 May 3, 1994
Industrial, Park, and Lot 33, (South Section) Saponi Meadows ",
Saponi Meadows Subdivision, Seven Mile Drive, Ithaca, New
York, dated March 14, 1994, and prepared by Robert S. Russler,
Jr., L.S., Sheet 3 of 7, entitled "Plat -- -Lots 1 Through 32 ",
Saponi Meadows Subdivision, Seven Mile Drive, Town of Ithaca,
Tompkins County, New York State, prepared by Robert S.
Russler, Jr., L.S., and dated March 14, 1994, Sheet 4 of 7,
entitled "Water & Sewer Plan -- -Lots 1 Through 3211, Saponi
Meadows Subdivision, seven Mile Drive, Ithaca, New York, dated
March 14, 1994, and prepared by William F. Albern, P.E., and
other application materials, subject to the following
conditions:
a. Prior to issuance of any building permit on any lot, and
prior to any excavation, grading, or construction of
improvements to a stormwater management and erosion
control plan, conforming to New York state guidelines for
reducing the impacts of stormwater runoff in new
development shall be prepared by the owner and be
approved by the Town Engineer, and
b. Transfer to the Town of Ithaca of the proposed public
park prior to the issuance of building permits for
construction on more than ten lots;
c. No building permits shall be issued for construction of
any structures or any lots fronting on proposed roads
until the roads are conveyed to the Town and, if not
constructed, adequate financial security, as determined
by the Town Engineer and in a form approved by the
Attorney for the Town, is provided to the Town to assure
construction of same in a timely fashion;
d. Completion of archaeological excavations on Lots No. 8
and 15 prior to the issuance of any building permits for
construction of any structures on said lots;
e. Completion of archaeological excavations on Lot No. 33
prior to the granting of further subdivision of said lot,
f. Submission to and approval by the Attorney for the Town
and subsequent recording of all restrictive covenants for
the proposed project prior to issuance of any building
permits.
g. Submission to and approval by the Town Engineer of a
final plat sealed by the registered surveyor and
professional engineer for the project, and including the
surveyor's certification.
h. No construction shall occur on lots 12, 13, and 15,
within 40 feet of the southerly lines (along the stream)
of such lots.
Planning Board 7 May 3, 1994
I
. No construction shall occur on lots 16, 18, 19, 20, 21,
22, and 23, within 50 feet of the northeasterly line
(along the stream) of such lots.
j. No construction shall occur on lots 24, 25, 26, 27, 28,
and 32, within 50 feet of the southerly line (along the
stream) of such lots.
k. There shall be maintained in the "no- build" areas set
forth in subparagraphs h, i, and j, above the existing
vegetation or other vegetation that is an erosion
resistant ground cover approved by the Town Engineer or
U.S. Soil Conservation Service. No herbicides,
pesticides, or other chemicals not approved by the Town
Engineer or U.S. Soil Conservation Service shall be
placed in such "no- build" areas. Any authorized
herbicides, pesticides, or chemicals, shall be applied in
an environmentally appropriate manner.
There being no further discussion, the Chair called for a
vote.
Aye - Kenerson, Langhans, Hoffmann, Ainslie, Finch, Cornell,
Smith, Bell.
Nay - None.
The MOTION was declared to be carried unanimously.
Chairperson Kenerson declared the Public Hearing in the matter
of Final Subdivision Approval for Saponi Meadows duly closed at
8:38 p.m.
AGENDA ITEM: REVIEW DRAFT OF FGEIS FINDINGS AND DRAFT SLUD.
Chairperson ,Kenerson declared the discussion in the above,,,
noted matter duly opened at 8:39 p.m.
Planner I Louise Raimondo addressed the Board and stated that
the Final Environmental Impact Statement was formally issued on
April 28, 1994. Ms. Raimondo stated that the Planning Board had 30
days to complete the Statement of Findings. Ms. Raimondo stated
that by May 27, 1994, the Statement of Findings needed to be
completed, and in order to make that deadline, the Board must vote
on the Statement of Findings at the Planning Board Meeting
scheduled for May 17, 1994, or hold a special meeting prior to the
deadline to finalize the Statement of Findings. (Statement of
Findings are attached hereto as Exhibit #3)
Board Members discussed several typographical and grammatical
changes within the Statement of Findings with Town Staff and
Cornell University representatives, Lewis Roscoe and Shirley Egan.
Town staff stated that the corrections would be made and that the
revised document would come before the Board at the next meeting
for their approval.
Planning Board 8 May 3, 1994
There being no further discussion, the Chair declared the
above -noted matter duly closed at 9:50 p.m.
AGENDA ITEM: OTHER BUSINESS.
Chairperson Kenerson asked the Board Members�if they had any
questions for the newest Planning Board Member, Gregory Bell.
There was no discussion at that time.
Chairperson Kenerson stated that the Board
had been given
copies of a letter received from Rhonda
Engman, dated April
14,
1994, regarding the proposed Ithacare
project.
Chairperson
Kenerson also stated that there would be
balloons
floated at
the
proposed site, in an effort to determine
what the
obstruction
of
the views could be if the proposed Ithacare building were to
be
constructed as proposed and that the Board
would be
notified of
the
date
and time.
Board Member Eva Hoffmann addressed the Board and stated that
Karl Niklas had asked that the Planning Board discuss a definition
of unbuildable land for clustering purposes.
Chairperson Kenerson stated that there had been discussion and
that was an issue that would be covered when the agenda was not
very full of projects.
ADJOURNMENT
Upon Motion, Chairperson Kenerson declared the May 3, 1994
meeting of the Town of Ithaca Planning Board duly adjourned at 9:55
p.m.
Respectfully submitted,
� LHysStarrR ee , Recording Secretary,
Town of Ithaca Planning Board.
Drafted 5/5/94
• April 29, 1994
COP
To. Mr. Robert Kenerson and Town of Ithaca Planning Board
From. net E. Hawkes,
ommittee, Town
Acting Chairperson Environmental Review
of Ithaca Conservation Board
Re: Saponi Meadows Subdivision, Project No. 9312122
This is in response to the Planning Board's request for further information
regarding the width of a buffer zone around the four streams on the
Saponi Meadows site. The buffer zones were requested to protect the
water quality (from non -point source pollution, sedimentation and nutrient
loading), of the immediate streams, Cayuga Inlet, and ultimately Cayuga
Lake. The buffer zones will protect the capacity of the streams to serve as
stormwater runoff systems which in turn will reduce the risk of flooding.
The buffer zones will also provide habitat for native wildlife species on the
property.
• The ERC urges the Planning Board to add the following condition "h" (or
other apropriate letter) to the final subdivision approval.
"h. The Planning Board requires that a 50 foot filter strip (buffer zone) be
maintained along the margins of the intermittent and permanent streams
on the project site. The developer and subsequent landowners are
required to contact the local Soil Conservation Service (SCS) officer
(presently Linda Szeliga), and Soil and Water Conservation District (SWCS)
technician (presently Amanda Barber), at 257 -3820 (409 East Upland
Road), for advice on suitable plant material, to filter sediments, excess
nutrients, and chemical pollutants, and for other conservation techniques
to minimize runoff and for flood control."
This response is based on consultation with scientists and professionals
from the U. S. Fish and Wild Life Service Water Quality Unit, U. S. Soil
Conservation Service, NYS Department of Environmental Conservation, U.S.
Geological Survey Water Resources Division, Soil and Water Conservation
District, and the Town of Big Flats. The following documents were also
consulted: Draft Town of Ithaca Stream Corridor Management Program;
NYS Department of Environmental Conservation SPDES General Permit for
. Storm Water Discharges From Construction _Activities; Reducing the
Impacts of Stormwater Runoff From New Developments (NYSDEC), and
other documents.
1
J�II.X, `i,'t'�
Most of the above agencies cited regulations and policies recommending a •
minimum of 100 ft. buffer width from all water bodies, for all activities.
However, for municipalities where no such policy exists, it was
recommended that the governing body make requirements based on site
specific characteristics. In the case of Saponi Meadows, since the Town of
Ithaca does not have a policy for stream corridor protection, the project is
in the final stages of development approval, and based on the site
characteristics, a minimum of a 50 ft. buffer with conservation plantings is
recommended.
The ERC suggests that it would best serve the Town of Ithaca to develop a
policy or ordinance to preserve water quality, one component being stream
corridor protection, to guide decisions on future development and
preservation in the Town.
cc% D. Walker, Town Engineer
G. Frantz, Assistant Town Planner
2
•
a
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING 2731747 ZONING 273 -1783
FAX (607) 273 -1704
•
PLANNING DEPARTMENT
MEMORANDUM
TO: Planning Board members
FROM: George Frantz, Assistant Town Planner (i_Zj
DATE: April 29, 1994 I--�
RE: Saponi Meadows Subdivision.
Enclosed please find a copy of the proposed covenants and restrictions for the Saponi Meadows
subdivision. They are being provided to you because they include the proposed mechanisms for
protecting the streams that run through the subdivision.
Please contact me at 273 -1747 if you have any questions or comments regarding the project.
•
DECLARATION OF COVENANTS AND RESTRICTIONS
This Declaration is made this day of , 1994
by EDDY HILL, INC. who is hereinafter referred to as "Declarant ",
as follows:
11 Declarant is the owner and developer of approximately 80
acres of real property in Tompkins County, New York, commonly known
as "Saponi Meadows ", which property is hereinafter referred to as
"Development" and described on a subdivision map entitled
" , Town of Ithaca, County of
Tompkins, State of New York" dated as prepared Robert
S. Russler, Jr., L.S., a copy of which map was filed in the
Tompkins County Clerk's Office on in
Drawer Number
2. Saponi Meadows consists of single family
residential lots.
3. Declarant desires and intends by this Declaration to
impose upon the property within said Development the mutual and
beneficial restrictions, covenants, conditions and charges provided
for by this Declaration, with the intent that this will insure a
general plan of improvement, maintenance, use and development of
the property with said Development which will benefit all of said
property and the future owners of said property within the Saponi
Meadows Development,
4. No poultry or livestock of any nature or description
shall be kept on the premises, except household pets.
58 The exterior of any dwelling consti
shall be completed within one year of the
• improvement.
6. No mobile home shall be kept on the
purposes at any time.
7. Any home constructed shall have a
square feet, not including the garage.
-ucted on the premises
commencement of the
premises for dwelling
minimum area of 1,248
8. Premises shall not be used for storage of any materials,
machinery or equipment or supplies of any kind or nature, except
during the course of construction of any improvements on the land
or as necessary for any permissible occupation.
90 The premises shall not be used for commercial purposes of
any kind or nature, except home occupations.
10. No unregistered motor vehicles shall remain in view for
more than thirty (30) days.
110 Existing live trees with a diameter at breast height of
six inches or greater shall not be removed unless a threat to life
safety as present, or the tree is diseased or dead. Normal
horticultural pruning practices are permitted.
12. Erosion resistant ground cover shall be maintained on all
water courses, swales, diversion ditches and existing streams,
except alongside any road now or hereafter built next to which
grass may be planted.
13*
shall be
such own
•14*
neat and
basis so
Each lot and any and all improvements located thereon
maintained by the owner in good condition and repair, all
ars sole expense.
The lawns of all improved lots shall be maintained in a
orderly appearance and grass shall be cut on a regular
as to maintain a neat and orderly appearance.
15. The following persons shall have the right. to exercise
any remedy in law or in equity for the strict compliance with the
restrictions and covenants contained herein: Declarant during the
time it owns Saponi Meadows property, any owner of the lots or the
Town of Ithaca.
16. Nothwithstanding any of the foregoing, if applicable
zoning ordinances are more restrictive with respect to any of the
matters set forth above, as to those matters the zoning ordinance
provisions shall govern. If applicable zoning ordinances are less
restrictive with respect to any of the matters set forth above, as
to those matters where the zoning ordinances are less restrictive,
these restrictive covenants shall govern.
17. The said covenants and restriction
modified in whole or in part by an instrument
of the then owners of the lots and recorded
Tompkins County Clerk.
Date: , 1994
STATE OF NEW YORK )
ss:
COUNTY OF TOMPKINS )
s may be rescinded or
signed by two - thirds
in the Office of the
EDDY HILL, IN -C.
BY:
On the day of 1994, before me
personally came to me kn t
duly sworn, did
Of EDDY HILL, INC.,
the foregoing instx
order of the Board
BJV\R \SAGONI.DE[
, own, w .io, being by me
depose and say that he resides at
New York; that he is the
the corporation described in and which executed
- ument; and that he signed his name thereto by
of Directors of said corporation.
NOTARY PUBLIC
0
•
•
TOWN OF ITHACA
126 EAST SENECA STREET, ITHACA, N.Y. 14850
TOWN CLERK 273 -1721 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747
FAX (607) 273 -1704
MEMORANDUM
TO: Planning Board Members
FROM: Louise Raimondo, Planner 1
DATE. April 25, 1994
RE: CU GEIS Draft Findings and Draft SLUD
f 111HL
PLANNING 273 -1747 ZONING 273 -1783
With the FGEIS having been approved by the Planning Board at the April
19 meeting, (and thank you all for doing so), we can now concentrate on the Findings,
which are the Lead Agency's certification that environmental impacts of the proposed
action have been adequately addressed, and can be successfully mitigated. I enclose a new
• draft of the Findings for your consideration. The changes outlined at the last Planning
Board meeting have been incorporated into the current draft. One additional section on
pedestrian and bicycle traffic has been added to address both Planning Board and Town
Board members' concerns in this area. I hope this next meeting can be a working session
devoted to addressing the Board's concerns on the draft Findings and SLUD. The SLUD
remains unchanged from the previous version, but has been included in your packets to
insure that you have the most up to date version.
Attachments
PC: John Whitcomb
Ellen Harrison
Dan Walker
George Frantz
John Barney
Lew Roscoe
C:\CUGEIS\PBFN.MEM
•
N
f 4
• Cornell University Generic Environmental Impact Statement
Development Program for Possible Future Expansion
Southeast of Cornell University's Main Campus (Precinct 7 Rezoning)
Statement of Findings
Pursuant to Article 8, the New York State Environmental Quality Review Act (SEQR)
of the Environmental Conservation Law and 6NYCRR Part 617, the Town of Ithaca
Planning Board, as Lead Agency, makes the following Findings.
Name of Action: Development program for Possible Future Expansion Southeast of
Cornell University's Main Campus (Proposed Precinct 7
Rezoning)
Description of Action: Cornell University plans to undertake a development
program to expand their campus to include lands located
in their planning area known as Precinct 7.
area. The area is currently zoned R -30, single family
residential. Many of the uses that Cornell intends for the
• area are already permitted by special permit. Cornell
University and the Town undertook this extensive study to
better define the possible impacts of their long term
development plans for the area. A Special Land Use
District (SLUR) was deemed the most appropriate
mechanism to achieve the needs of the University while
providing the land use controls and environmental
protection desired by the Town.
Location: The area of the proposed rezoning is bounded by NYS Route 366 to the
north, Game Farm Road (the Ithaca -Dryden Town line) to the east,
Cascadilla Creek to the south, and Judd Falls Road to the west. The
larger study area examined in the DGEIS is bounded by NYS Route 366
to the north, Game Farm Road and the Ithaca - Dryden Town line as it
continues south to Snyder Hill Road, Snyder Hill Road, Pine Tree Road,
the Town of Ithaca East Ithaca recreationway, the boundary of Cornell
owned lands, Mitchell Street, and Judd Falls Road to the west.
Agency Jurisdiction: Lead Agency for the Rezoning from R -30 to a
Special Land use District (SLUR)
• Date Final EIS Filed:
April 25, 1994
Decision.
* *DRAFT'**
e
ion to Support the
I. Consistency with the Town of Ithaca's Comprehensive Plan: The planned
development of the Cornell University Precinct 7 area is consistent with the
Town of Ithaca Comprehensive Plan. The Plan recommends reviewing and
revising the Zoning Ordinance, and consideration of eliminating SLUDs and
creating an institutional zone. This SLUR can serve as a prototype for a future
institutional zone in anticipation of the Town's intended Zoning Ordinance
revisions. The GEIS contains a great deal of information on the study area,
including areas outside of Precinct 7, which the Town can use in its evaluation
of the Zoning Ordinance.
II. Precinct 7 is a logical and appropriate location for major campus development
outside the central campus. Precinct 7 is well buffered by additional lands
owned by Cornell University, and development with the, mitigating measures
proposed is not expected to have significant adverse impacts on surrounding
neighborhoods.
III. Adoption of the GEIS relates only to the parts pertaining; to :Precinct 7, and
does not in any way constitute approval or acceptance of any conceptual plans,
statements, or studies for University lands within the GEIS Study Area outside
Precinct 7. All development within the Study Area must comply with the
Town of Ithaca Zoning Ordinance,
IV. This GEIS does not waive the rights of the Town to require that a full long
Environmental Assessment Form (LEAF) be required for all projects proposed
within Precinct 7. The GEIS was developed with the understanding that the
Town would always require that an LEAF be completed for each proposal
(DGEIS, Page vii), as well as additional information as deemed appropriate by
the Planning Board.
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Review of Potential Environmental Impacts and MitigatinjZ Measures
A. Traffic Impacts:
10 Vehicular Traffic
a. Traffic impacts may result as development occurs in Precinct 7,
but these impacts can be mitigated by the measures as proposed
in Figure 2A of the DGEIS, as amended by the table shown in
Section IV.D.5. (Page .) of the FGEIS, derived from Table 13 of
the Travers Associates Transportation Impact Study Report
(Appendix 6, Page 26 -27 of the DGEIS). Traffic impacts can be
mitigated to provide an acceptable level of service.
b. Determination of the appropriateness and timing of specific
mitigative measures is expected to be based on a number of
factors, including the information presented in both the GEIS and
the findings of the pending Northeast Corridor Transportation
Study, as planned by the Tompkins County Ithaca - Tompkins
Transportation Council (the Ithaca area Metropolitan Planning
Organization, or MPO).
2. Pedestrian and Bicycle Traffic
a. Pedestrian and bicycle access between the central campus and
Precinct 7 shall be established as shown in the DGEIS, Figure
24 (Page II 401).
b. Accommodation of pedestrian and bicycle traffic shall be an
integral part of the planned design improvements to Route 366
and Judd Falls Road.
Be Water Quality - Surface Runoff Controls:
1. A vegetated buffer zone between the area of Precinct 7 to be developed
and the Cascadilla Creek Corridor will be required to aid in filtration of
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stormwater runoff and provide additional area for infiltration (see
Section E.1. below).
2. The requirements of Town of Ithaca Local Law No. 3 (1992) and any
amendments thereto regulating the placement or movement of fill shall
be adhered to.
3. Water quality impacts to Cascadilla Creek can be effectively mitigated
by a system of proposed retention structures as outlined in the DGEIS
(Section II, Pages II- 32-42) and discussed in the FGEIS (Section ,
Pages ). The stormwater control system shall be designed as
follows (as listed in Section VIII, Pages VIII 4-6), subject to review and
approval by the Town Engineer.
a. Stormwater retention facilities should be constructed for each
phase of development in Precinct 7 as part of the basic
infrastructure for that phase and prior to construction of any
building. Wet retention ponds improve stormwater quality by
gravity settling, naturally occurring chemical flocculation and
biological uptake. If site constraints preclude wet retention
ponds, detention ponds should be used.
b. Stormwater wet retention ponds should be constructed to
mitigate impacts from existing runoff, as required.
c. The need for retention ponds for development south of Precinct 7
will be determined case -by -case. Table 8 in the DGEIS should be
used as a general guide to the size and need for basins.
d. Detention ponds should be constructed and sized to provide for
settling of pollutants prior to discharge. Detention ponds should
be generally designed in accordance with New York State DEC's
Stormwater Management Guidelines for New Develovment, and
New York State DEC's Reducing the Impacts of Stormwater
Runoff from New Developments, and should include velocity
dissipation devised at outfalls to prevent stream scouring or
erosion.
49 An erosion and sediment control plan will be implemented during each
construction project. Plan elements are described in Section II.A.3.b.
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(Pages II- 17 -18) of the DGEIS. Best Management Practices (BMI''s)
should be adhered to as specified by the New York State Department of
Environmental Conservation's (DEC) Erosion and Sediment Control
Guidelines for New Development, and the NYS DEC's Reducing the
Impacts of Stormwater Runoff from New Develoyments. BMP's for
construction in Precinct 7 as described in Section I.F.2.a. of the DGEIS,
should include the following elements:
a. Minimize clearing and grading to only those areas which will be
immediately under construction.
b. Provide or plan for a buffer strip of undisturbed vegetation at or
near the top of embankments.
c. Protect natural undisturbed areas with temporary fencing or
signage.
d. Provide filter fences of fabric or hay bale barriers at or near the
edges of the construction site.
e. Establish slopes with temporary vegetation cover and grade to
the lowest slope achievable for the design.
f. Establish temporary vegetation cover each fall.
g. Provide temporary settling basins at the construction site
whenever feasible.
inn II_A_3_ Pages H-
17 -18, and Section VIII, Pages VII -1 -2)
Temporary fencing will be installed on construction areas to limit
unnecessary disturbance of areas that are not scheduled for grading or
construction.
Long -term stockpiles of topsoil will be either seeded with an annual
ryegrass or covered with an erosion control fabric. Soil slippage at the
toe of the stockpiled area will be prevented by installing hay bales or
filter fabric barriers at its perimeter.
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The size of working stockpiled topsoil will be minimized. Hay bales or
filter fabric barriers will be installed at the down- gradient side.
Hay bales or filter fabric dikes will be placed on the down - gradient side
of cut slopes and in drainageways.
Prior to construction a series of silt barrier fences or hay bales will be
installed in the affected drainage channels.
Disturbed areas will be stabilized and seeded within 15 days of the
conclusion of construction. Should construction proceed through
winter, a fall planting of annual ryegrass will occur to stabilize soils in
anticipation of spring thaws, rain, and runoff.
Slopes steeper than 3:1 (h:v) should be immediately stabilized with sod,
seed. and anchored straw mulch or jute.
5. State and Federal stormwater management plans shall be developed in
accordance with the NYS DEC's SPDES General Permit .for Stormwater
Discharges from Construction Activities (Permit No. GP- 93-06) for any
construction in Precinct 7 which exceeds 5 acres. Such plans will
specify management practices and guidelines which should be utilized
during construction. The Town Engineer shall have review authority
for these plans.
6. A BNIF Plan should be developed and implemented for agricultural use
of manure, subject to the approval of the Town Engineer.
Water Quality - Groundwater
10 Impacts on groundwater resources are expected to be minimal with the
development of Precinct 7 as proposed.
The four 1000 -gallon petroleum storage tanks at the Poultry Barns vAR
be were removed and disposed of properly in the summer of 1993.
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Stormwater drainage systems will be constructed to account for the
probable local rise in water tables in as subsurface drains are removed
as a result of development. Appropriate foundation dewatering and
waterproofing techniques should be implemented during the
construction as necessary.
Co Former Disposal Area
The former refuse disposal site in Precinct 7 should be fenced and not
planned for redevelopment or reuse at this time. A buffer area will be
maintained around the refuse disposal area. The site should be subject
to an environmental investigation, including the installation of
upgradient and down - gradient groundwater monitoring wells and
groundwater and surface water sampling to determine whether
environmental pollution of surface and /or groundwater is occurring.
An appropriate mitigation plan should be developed based on the
results of the investigation. This investigation is currently underway.
The independent investigation of the former refuse disposal area should
be continued. Appropriate environmental remediation should be
undertaken in consultation with State agencies if warranted by results of
the investigation.
No development will occur in the former refuse disposal area and a
green buffer will be maintained. The size of the buffer should be based
on the results of the investigation of the refuse disposal site.
D. Significant Habitat, Wetlands, and Wildlife
1. Significant Habitat: Two areas of high quality habitat were found to
exist in Precinct 7: the Cascadilla Creek Corridor and McGowan Woods,
as discussed in the DGEIS, Section , Pages , and the FGEIS
(Section , Pages . Development will not be permitted
within natural areas, and these areas shall be bufferred by a 75 foot
buffer zone in which no development is permitted, except uses which
are compatible with natural areas as specified in the FGEIS Section C.1.,
Pages , and Section 6(m) of the SLUR. The boundaries of the natural
areas and 75 foot buffer zone as surveyed and shown on a site map
entitled "Cornell University Precinct 7 (GEIS) Cascadilla Creek and
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McGowan Woods Natural Areas Building Setback Lines," drawn by
Robert H. Chiang, Planning, Design, and Constniction, Cornell
University, and revised on March 23, 1994. No rare, threatened, or
endangered species are known to exist within the study area (DGEIS,
Section II.D.a. and b., Pages II -56, and II- 66-67).
a. The Cornell Plantations will be asked to review any plans for
construction near the edge of the natural areas and the buffer
zone and make recommendations for changes in plans necessary
to prevent damage to these areas (DGEIS, Section II.A.3.c., Page
II -18 and Section VIII, Pages VIII -2 -3).
b. A member of the Plantations staff will be ;present during the
initial stages of any project near the borders of the natural areas
and buffer zone so that crews are properly briefed on the
sensitivities of the natural areas, and so that work methods can
be evaluated and altered if needed (DGEIS, Section II.A.3.c.
DGEIS, Page II -18 and Section VIII, Pages VIII -2 -3)1
c. Developed areas will be landscaped with a variety of native and
ornamental plant species, which will provide some replacement
habitat (DGEIS, Section II.D.1.3., Page II -75). Cornell Plantations
staff will be contacted for approval of plant sRecies to insure that
only non - invasive plant species are chosen.
20 . Wetlands: Wetland areas were identified in the EIGEIS (Section II, Pages
II -67 - II -76 and Appendix 5), as shown in Figure 21 (Page II -68). Site
wetlands meeting the U.S. Army Corps of Engineers meeting the
definition of jurisdictional wetlands are located within the boundaries of
the natural areas of the Cascadilla Creek Corridor and McGowan
Woods, which shall be protected as outlined in Section E.1. above, with
two exceptions. Disturbance of these two wetlands will be limited to
road crossings meeting the conditions of a Nationwide Permit No. 14.
Mitigative measures for minimizing disturbance of these wetlands are as
follows (DGEIS, Section II, Pages II- 75 -76, and Section VIII, Pages VIII -6-
7):
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a. The width of wetland crossings will be limited to the minimum
necessary for the actual crossing.
b. Wetland crossings will be culverted, bridged, or otherwise
designed to prevent the restriction of, and to withstand, expected
high flows, and to prevent the restriction of low flows and
movement of aquatic organisms.
c. Notification will be made to all appropriate agencies, and permits
will be obtained prior to the construction of wetland crossings.
d. Appropriate erosion and siltation controls will be used and
maintained in effective operating condition during construction,
and all exposed soils and fills will be stabilized at the earliest
time possible in the construction sequence.
e. Any wetland fill material will be clean will, free from toxics, oils,
grease or tar, and construction debris.
f. The discharge will be appropriately stabilized to prevent its
movement into adjacent wetland areas.
g. Appropriate soil and erosion control measures will be used and
maintained in effective operating condition during construction.
h. The fill will be seeded and /or planted at the earliest possible time
after construction is complete.
i. Prior to construction of any wetland fills notification will be given
to, and if necessary, permits obtained from the appropriate
agencies.
j. The requirements of Local Law No. 3 of 1992 of the Town of
Ithaca requiring a permit for activity involving the deposit or
removal of fill will be adhered to.
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E. Density and Open SQace
1. The Cascadilla Creek and McGowan Woods natural areas will remain as
open space, further protected by a 75 foot buffer zone as described in
E.1. above and in the FGEIS, Section Pages
2. The maximum allowable gross
building space for Precinct 7 is
development; and SLUR, Sectic
presently exists within Precinct
2, Page I -28, therefore, the total
GSF)e
square feet (GSF) of additional enclosed
4,000,000 GSF (DGEIS, upper limit of
in 6). Approximately 201,000 GSF
7, (DGEIS, Figure 8, Page I -26 and Table
GSF permitted for Precinct 7 is 4,201,000
3. The standard for Floor Area Ratio (FAR) which will be applied to insure
that adequate open space remains in the development of Precinct 7 is
0.9, the FAR of the Arts Quad on the central carpus (DGEIS, Section I,
Pages I- 23 -24; SLUD Section 7, Performance Standards).
4. The maximum allowable coverage of a defined site is 25% for buildings
1 and 45% for structures, roads pavement, parking lots, and pedestrian
area pavements (DGEIS, Section I, Pages I -25; SLUR, Section 7,
Performance Standards),
5. The SLUD defines a setback of 100 feet from a plublic road right -of -way
line. In addition, if a building exceeds 30 feet in height above grade, the
set back shall be increased 3 feet for each one foot of height in excess of
30 feet (SLUR, Section 7, Performance Standards),
F. Pesticide Residues
ONEENNS
10 Areas used for experimental agricultural studies have been treated with
pesticides and contain pesticide residues (DGEIS,, Section II.A and Vol.
3, "Assessment of Health Risks Associated with Cornell University
Orchard Area Soils, 1991. ") The effects of pesticides used in Precinct 7
can be mitigated as follows (from DGEIS, Section II.A.3., Pages 1148-19
and Section VIII, Page VIII-3):
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a. Cornell employees working with pesticides are trained in the safe
mixing, handling and application of pesticides and no additional specific
mitigation measures are required for ongoing activities. Employees are
advised to observe good hygiene practices to minimize the possibility of
inadvertent ingestion of pesticide residues. Hand washing, eating and
drinking indoors, use of work gloves, and use of respirators when
nuisance dust is generated are recommended.
b. Prior to construction activity, areas should be deep - plowed in
accordance with the procedures outlined in the 1991 Preliminary Health
Risk Assessment cited above. Deep plowing will reduce the surface
residue concentration by dilution and minimize the potential for human
contact with localized concentrations. Based on the results of the
Assessment, no soil is required to be removed.
c. Standard construction practices should be used to minimize dust
generation and offset dust migration during construction. Other dust
suppression methods may be used as necessary.
d. During construction, soil erosion and sediment control measures will be
implemented as outlined above.
e. If, in the future, any part of the Orchards portions of Precinct 7 is
considered for residential use or programs involving young children,
additional sampling and risk assessment will be performed.
f. Prior to any redevelopment, the two areas treated with sewage sludge
should be sampled again for cadmium and chromium to establish mean
concentrations. If such concentrations are significantly higher than the
levels for which health risk assessment was performed, an additional
assessment should be performed.
G. Visual Character
1. Visual impacts can be mitigated by the following measures, as outlined
in the DGEIS, Section H.J.3., and amended by the Planning Board.
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a. Where possible, individual buildings in Precinct 7 should be sited
to take advantage of naturally occurring vegetation blockage to
minim;;e visibility from the recreation trail and beyond.
b. New construction in Precinct 7 should be designed to blend with
and complement the existing Cornell University skyline rather
than detract from it.
C No building should be sited within 75 feet of the edge of the
Cascadilla Creek natural area, surveyed and shown on a site map
entitled "Cornell University Precinct 7 (GEES) C.ascadilla Creek
and McGowan Woods Natural Areas Building Setback Lines," as
drawn by Robert H. Chiang, Planning, Design; and Construction,
Cornell University, and revised on March 23, 1994.
d. Landscaping, including screening with evergreens and deciduous
plantings, should be an integral part of new building design in
Precinct 7, consistent with the desire to maintain and preserve
scenic views.
e. As actual site specific projects are considered, where impacts on
views are a concern, further studies of potential site specific
visual impacts shall be conducted, as required by the
Planning Board, to determine whether the proposal has
significant adverse visual impacts, and if so, what measures
should be taken to mitigate such impacts.
H. Noise Impacts
MENOMMOM
1. Noise impacts can be effectively mitigated by the Performance
Standards as set forth in the SLUD.
2. The Town of Ithaca and surrounding communities will consider altering
truck routes to minimize adverse noise impacts to residences located in
close proximity to collector and arterial roads (D( '7EIS, , Page
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3. Buildings sited in proximity to natural areas should be carefully sited
and buffered if they have components likely to produce unusual or
significant levels of noise (DGEIS , Page ).
I. Air Quality
10 Air quality impacts can be mitigated by the following measures as
outlined in the DGEIS, Section , Page
a. During dry construction periods, conventional water spray trucks will
be used to control airborne dust, particularly in the Orchards area.
Water trucks also will be used, as needed, to maintain optimum grading
conditions, insure proper control of compaction and minimize off site
migration of fugitive dust.
b. Open, graded areas will be seeded and revegetated within a specified
period after completion of construction to control fugitive dust.
c. All construction equipment will be inspected at regular intervals and
will be required to have operable emission control equipment in
compliance with applicable laws.
J. Agricultural Resources
Functions now conducted at the research orchards in Precinct 7 are
planned to be relocated over the next 20 years to the University's
property in Lansing elsewhere acquired for that purpose. ever the n
20 years.,
K. Archaeological Resources
A State 1B archeological field investigation should be performed in all
previously undeveloped areas for which construction is proposed. The
investigation should consist of plowing and disking or excavating
shovel tests at 50 -foot intervals followed by investigation by a qualified
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and additional investigation conducted, if warranted. Previously
disturbed areas do not require testing. Undisturbed areas include those
used for agricultural purposes.
L. Public Utilities
10 Water and Sewer
Physical water and sewer mitigation measures are summarized in
Figure 2B.
The University should consider the implementation of water
conservation devices.
2. There exists sufficient capacity with New York State Electric and Gas
Company for power needs associated with development of Precinct 7.
Heating and cooling needs may be served by the University's own
plant. 0
M. Solid Waste
1. This project will not generate a significant increase in solid waste.
Cornell will continue to pursue recycling and coraposting programs
with the goal or recycling all of the potentially recyclable waste stream.
Cornell will continue to identify and pursue opportunities for recycling
as they become available.
14
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Certification of Findings to Approve
Having considered the Draft and Final EIS, and having considered the
preceding written facts and conclusions relied upon to meet the requirements of 6
NYCRR 617.9, this statement of Findings certifies that
10 The requirements of 6 NYCRR Part 617 have been met.
2. Consistent with the social, economic, other essential considerations from
among the reasonable alternatives thereto, the action approved as one
which minimizes or avoids adverse environmental effects to the
maximum extent practicable, including the effects disclosed in the
environmental impact statement, and,
3. Consistent with social, economic, and other essential considerations, to
the maximum extent practicable, adverse environmental effects revealed
in the environmental impact statement process will be minimized or
avoided by incorporating as conditions to the decision those mitigative
measures which were identified as practicable.
Robert Kenerson,
Chair, Town of Ithaca Planning Board
C \CUGEI.S \Findings.doc
15
Date