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HomeMy WebLinkAboutPB Minutes 1994-07-05The Tuesday, Ithaca, Town of July 5, New York TOWN OF ITHACA PLANNING BOARD JULY 51 1994 Ithaca 1994, at 7:30 FILED TOWN OF ITHACA Date a Cler - Planning Board met in regular session on in Town Hall, 126 East Seneca Street, p.m. PRESENT: Chairperson Robert Kenerson, Gregory Bell, Eva Hoffmann, James Ainslie, Herbert Finch, Candace Cornell, Stephen Smith, Jonathan Kanter (Town Planner), George Frantz (Assistant Town Planner), Louise Raimondo (Planner I), Daniel Walker (Town Engineer), John Barney (Town Attorney). ALSO PRESENT: Winsome Worthen, Virginia Bryant, Margo Yntema, John Yntema, Becky Bilderback, Molly Lucas, Doug Firth, Elena Salerno Flash, Kevin Harlin, Carl Sgrecci, Jay Mattison, Dirk Galbraith, Julie Fisher, Fred Noetscher, Carl Guy, Mark Macera, Chuck Brodhead, Noel Desch, Luciano L. Lama, Pat Ferrara, Supervisor John Whitcomb, Marnie Johnson, Christopher Smith, Victor Lazar. 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 Hearings in Town Hall and the Ithaca Journal on June 27, 1994 and June 30, 1994, 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 the Clerks of the City of Ithaca and the Town of Ulysses, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Assessment Department, and upon the applicants and /or agents, as appropriate on June 29, 19940 Chairperson Kenerson read the Fire Exit Regulations to assembled, as required by New York State Department of Office of Fire Prevention and Control. AGENDA ITEM: PERSONS TO BE HEARD. those State, Chairperson Kenerson asked if anyone from the public wished to speak. No one spoke. Chairperson Kenerson closed this portion of the meeting. AGENDA ITEM: APPROVAL OF MINUTES - JUNE 21, 1994. MOTION by James Ainslie, seconded by Herbert Finch. RESOLVED, that the Minutes of the Town of Board Meeting of June 21, 1994, be and hereby written. Ithaca Planning are approved as S Planning Board 2 July 5, 1994 There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Ainslie, Finch, Smith, Cornell. Nay - None. Abstain.- Hoffmann, The MOTION was declared to be carried. APPROVAL OF MINUTES - OCTOBER 5, 19939 MOTION by Herbert Finch, seconded by Candace Cornell: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of October 5, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Finch, Ainslie, Cornell, Smith. Nay - None. Abstain - Bell, Hoffmann. The MOTION was declared to be carried. APPROVAL OF MINUTES - NOVEMBER 2, 1993. MOTION by Stephen Smith, seconded by Herbert Finch: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of November 2, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Bell. The MOTION was declared to be carried. APPROVAL OF MINUTES - DECEMBER 7 1993 MOTION by Candace Cornell, seconded by James Ainslie: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of December 7, 1993, be and hereby are approved with the following correction: Planning Board On Page 8, Paragraph Ithacare center would not North or Route 96B.11" Ithacare center would not North on Route 968111" vote. 3 July 5, 1994 1, Last Sentence, "Mr. Macera stated the be visible is someone were travelling Should read, "Mr. Macera stated the be visible if someone were travelling There being no further discussion, the Chair called for a Aye - Kenerson, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Bell. The MOTION was declared to be carried. APPROVAL OF MINUTES - DECEMBER 28, 19930 MOTION by James Ainslie, seconded by Stephen Smith: RESOLVED, that the Minutes of the Town of Ithaca Planning Board Meeting of December 28, 1993, be and hereby are approved as written. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Hoffmann, Ainslie, Finch, Smith, Cornell. Nay - None. Abstain - Bell. The MOTION was declared to be carried. AGENDA ITEM: CONTINUE CONSIDERATION OF PRELIMINARY SITE PLAN APPROVAL FOR THE PROPOSED ITHACARE SENIOR LIVING COMMUNITY, PROPOSED TO CONSIST OF A +/- 115,000 SQ. FT. BUILDING WITH 60 ADULT CARE UNITS, 20 ASSISTED LIVING UNITS, AND 80 INDEPENDENT LIVING UNITS, LOCATED ON THE WEST SIDE OF DANBY ROAD APPROXIMATELY 2,000 FEET SOUTH OF THE ENTRANCE TO ITHACA COLLEGE, ON THAT 28 +/- ACRE PORTION OF TOWN OF ITHACA TAX PARCEL NO, 39 -1 -1.3 FOR WHICH THE TOWN OF ITHACA PLANNING BOARD GRANTED PRELIMINARY AND FINAL SUBDIVISION APPROVAL ON MARCH 1, 1994, SPECIAL LAND USE DISTRICT NO. 7, ITHACARE, INC, APPLICANT; MARK MACERA, AGENT. Chairperson Kenerson declared the above -noted matter duly opened at 7 :37 p.m. and read aloud from the Planning Board agenda as noted above. Chairperson Kenerson addressed the public and gave a brief summary of the process Ithacare has been through. Chairperson Kenerson stated that the Public Hearing was closed at the June 21, 1994 Planning Board meeting, and this meeting will consist of Board discussion only. U W Planning Board 4 July 5, 1994 Board Member Stephen Smith addressed the Board and summarized a discussion that took place on June 27, 1994, between Ithacare representatives, Planning Board Members Candace Cornell and himself, and members of Town staff. Mr. Smith stated that Ithacare had showed several different scenarios with the building moved and it was decided that the proposed location was indeed the best place for the location of the building on that site. Mr. Smith stated that the decision was to recommend the extension of the overlook 140 feet or more to the north. Mr. Smith stated that the only other request of Ithacare was that the overlook extension be shown on maps for the Planning Board Members and Town staff to review. (Map showing the extension of the overlook is attached hereto as Exhibit #1) Board Member Candace Cornell stated that since the impact to the scenic view can not be avoided the best solution would be to mitigate it. Ms. Cornell stated that since the project is a benefit to the community then the Board could work out a mitigation, if the project was not a benefit to the community, then she would not be in favor of the project. Ms. Cornell stated that since this project would be a great benefit to the community the Board and Ithacare needed to reach a compromise, and moving the overlook is the most economical compromise available. Ms. Cornell stated that as part of this project she would like to see public access to the planned trail system. Chairperson Kenerson asked who would maintain the overlook. Town Planner Jonathan Kanter stated that Ithaca College had an agreement with New York State Department of Transportation for Ithaca College to maintain the current overlook. Board Member Candace Cornell stated that by her voting in favor of this project, it does not mean that she is ignoring the concerns of the community about the view and the potential for other environmental impacts. Ms. Cornell stated that the Planning Board needed to weigh impacts with the necessities of the community, which has been considered by the Planning Board. Ms. Cornell stated that extending the overlook will give the community access to a view, not the same view because it will be blocked to some extent, but it will open up the view more than if the Board was not using mitigation measures. Board Member Candace Cornell asked Board Member Gregory Bell how he felt about the project. that he Board Member Gregory Bell responded that he thought that the entire process had gone too quickly. SEQR requires a significant analysis of all alternatives, and Mr. Bell stated that he felt that those alternatives were not looked at. Mr. Bell stated that the other sites were summarily dismissed and that he felt that the Planning Board should be looking at a range of variables on impacts y Planning Board 5 July 5, 1994 from all of those sites and benefits from all of those sites. Mr. Bell stated that he was not convinced that this would be the best site. Mr. Bell further stated that he felt that the mitigation measure was not worth the cost that is being asked of the community because the views define this region to a large extent. Mr. Bell stated that the view being discussed is probably the best view in the entire County. Mr. Bell stated that he felt that there are many other alternatives available. Mr. Bell stated that the proper process was not followed. Board Member Candace Cornell asked if the Board could ask about the other sites and find out what kind of analysis was done. Board Member Herbert Finch responded that he did not think that represents the Planning Board's responsibility. Board Member Gregory Bell stated that Article 617 states that it is the responsibility of the Planning Board, Mr. responsibility Board's Finch stated that it is not the to evaluate the other sites, it responsibility to evaluate the proposal Planning is the that is Board's Planning brought before the Board. Statement. Mr. Frantz stated that the Mr. Bell responded that it was the responsibility of the Planning Board and that according to Article 617, the SEQR process demands that the Lead Agency evaluate alternative sites. Mr. Bell stated that he was commenting on the sequence of events that got the Planning Board to the stage they are at now with this project. Board Member Eva Hoffmann stated that she was disappointed when she read the Minutes from the June 21, 1994 Planning Board meeting. Ms. Hoffmann stated that Ithacare had made statements about the visibility of the Ithacare building, and she read from the Planning Board Minutes of November 2, 1993 and December 7, 1993. (Excerpts of the minutes Ms. Hoffmann read are hereto attached as Exhibit #2) Ms. Hoffmann then read the following from Appendix #4 of the Environmental Assessment Form: "The proposed project will have minimal impact on the vista from the South Hill overlook and Route 96B (Danby Road). The top of the building will be below the elevation of the NYS Department of Transportation overlook adjacent to the site. The proposed project will allow for an unobstructed panoramic view of Connecticut Hill, West Hill, the Assistant Town Planner George Frantz stated, only in the case of an Environmental Impact Statement. Mr. Frantz stated that the Town Board in January 1994, as Lead Agency for the rezoning, made the determination that the building in this general site would not have a significant adverse impact, and adopted a Local Law that enacted zoning that allows Ithacare to build on the proposed site. Mr. Bell stated that he was commenting on the sequence of events that got the Planning Board to the stage they are at now with this project. Board Member Eva Hoffmann stated that she was disappointed when she read the Minutes from the June 21, 1994 Planning Board meeting. Ms. Hoffmann stated that Ithacare had made statements about the visibility of the Ithacare building, and she read from the Planning Board Minutes of November 2, 1993 and December 7, 1993. (Excerpts of the minutes Ms. Hoffmann read are hereto attached as Exhibit #2) Ms. Hoffmann then read the following from Appendix #4 of the Environmental Assessment Form: "The proposed project will have minimal impact on the vista from the South Hill overlook and Route 96B (Danby Road). The top of the building will be below the elevation of the NYS Department of Transportation overlook adjacent to the site. The proposed project will allow for an unobstructed panoramic view of Connecticut Hill, West Hill, the 5 Planning Board 6 July 5, 1994 valley, city, and lake. It will have no impact on the view of Cornell and East Hill," Ms. Hoffmann stated that based on those statements the Planning Board passed on the recommendation to the Town Board to create the SLUD. Ms. Hoffmann stated that she felt now that the Planning Board has seen the building plans sited the way they are, and the balloons that were flown, what the Board sees does not live up to what was expected. Ms. Hoffmann stated that the Planning Board, during discussions regarding whether or not to allow the division of the land according to the drawings brought to the Board, had been told that Ithacare would still have flexibility to move the building if it turned out that the view was blocked. Ms. Hoffmann stated that she was very disappointed because she believed that this is a good project, and a good site, but that she could not with good conscience vote for this site plan. Chairperson Kenerson asked Board Member Eva Hoffmann if she had realized that. the building had already been moved since the proposal was brought to the Planning Board Ms. Hoffmann responded that she was aware that the building had already been moved, but not enough. Board Member Candace Cornell stated that Mr. Bell and Ms. Hoffmann' s points were valid, and that perhaps the process was done incorrectly and that she felt that the process was flawed. Ms. Cornell stated that the Planning Board should look closer into SEQR and their options. Chairperson Kenerson asked Attorney Barney if the process was flawed. Town Attorney John Barney stated that the Planning Board made a decision based on the information that was available to them at that time, and made a recommendation to the Town Board based on that information. Board Member Gregory Bell stated that the Town Board assumed, in granting the SLUD, that the view problems would be worked out in the review process. Town Attorney John Barney stated that the Town Board had the elevations in front of them and incorporated them into the SLUD which was created with regulations to control height, not to exceed a certain number of feet above the city. Assistant Town Planner George Frantz stated that, as the staff has been doing the review all along on this project, he had stated to the Town Board in January and Planning Board in December, that the building would block the view from approximately half way between the hospital and the lake over to the vicinity of Bostwick Road on the West Haven Road end, which is exactly what the drawings showed and what the balloons showed. Planning Board 7 July 5, 1994 Board Member- Eva Hoffmann stated that based on that the Planning Board was trying to ask Ithacare to alter the location of the building in such a way so that the view obstruction would not happen. Board Member Herbert Finch stated that there were alterations made to the location and shape of the building. Mr. Finch stated that he was concerned with the statement that was made that the process was flawed. Mr. Finch stated that the Board followed specifically the regulations that were laid out to be followed. Mr. Finch stated that the process was not flawed. Mr. Finch stated that the Planning Board did exactly what the law required them to do. Board Member Candace Cornell stated that she did not think the process was flawed but in the future the Planning Board Members would need to take a more proactive planning stance. Ms. Cornell stated that she thought that the project is very valuable to the community and that the mitigation measure is sufficient to compensate for the loss of view. Chairperson Member Kenerson asked Mr. Macera to describe what the impact of moving the overlook would be. Mark Board and available the descr Noetscher. Macera, stated to Town iption Executive Director for Ithacare, addressed the that the overlook is available and always was residents. Mr. Macera stated that he would defer of the changes to Ithacare's architect, Fred Fred Noetscher addressed the Board and stated (Referring to Exhibit #1) that the overlook was extended 145 feet to the north. After the extension, there was approximately 30 feet which brought the overlook out to a pie shaped end. Mr. Noetscher stated that by moving the building there would be approximately 3 degrees of view gained. By extending the overlook, over 30 degrees of view would be gained. Mr. Noetscher stated that the overlook would be at an elevation of 594 feet which is the same as the low point of the existing overlook. Board Member Eva Hoffmann little it would interfere she would like to see some if the retaining wall would interfere with the views of people driving on Route 96B, Mr. Noetscher stated that with the extension, a retaining wall would not be needed. Ms. marking Hoffmann stated in place so that that she would like she could drive by to see some sort of and see exactly how little it would interfere she would like to see some with the view. Ms. Hoffmann stated that proposals for alternative configurations or sightings of the building. l Planning Board 8 July 5, 1994 Board Member Gregory Bell stated that there would be a revision to the section drawings that was presented in the Environmental Assessment Form which showed the elevations of the roof of the building and the site of the building with lines that shows what view is cut off. Mr. Bell stated that he would like to see the same site plan map with the cross section view with the building pushed to the back of the site. Board Member James Ainslie responded that there are wetlands, streams, and steep slopes in the back of the lot. Mark Macera stat site the building bac reasons described by The changes from the footprint represents ed to Mr. Bell that Ithacare had proposed to 'k further on the lot, but for environmental Mr. Ainslie, that was deemed unacceptable. original footprint, the movement from that compromise on the part of Ithacare. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. Board Member Candace Cornell stated that she wanted to make sure that there would be ample parking available for public access to the trails. Town Attorney John Barney stated that the most logical owners of the overlook is New York State Department of Transportation. Town Planner Jonathan Kanter stated that having the overlook owned and maintained by one entity is preferable, and that the Planning Board could ask the Town Board to take it over. MOTION by Candace Cornell, seconded by Stephen Smith: WHEREAS: 10 This action is the Consideration of Preliminary Site Plan Approval for the proposed Ithacare Center Senior Living Community, proposed to consist of a +/- 115,000 sq. ft. building with 60 adult care units, 20 assisted living units, and 80 independent living units, located on the west side of Danby Road approximately 2,000 feet south of the entrance to Ithaca College, on that 28 +/- acre portion of Town of Ithaca Tax Parcel No. 39 -1 -1.3 for which the Town of Ithaca Planning Board granted Preliminary and Final Subdivision Approval on March 1, 1994, Special Land Use District No. 7., Ithacare, Inc, and 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 21, 1994, made a negative determination of significance, and hL Planning Board 9 July 5, 1994 3. The Planning Board, at a Public Hearing on June 21, 1994, has reviewed and accepted as adequate a submission that includes a Long Environmental Assessment Form Part I prepared by the applicant, a site plan entitled "Preliminary Site Plan, Ithacare Center, Ithaca, New York, Senior Living Community," prepared by L. Robert Kimball & Associates, and dated May 17, 1994, and additional application materials. 4. The Planning Board, at its regular meeting on July 5, 1994, continued its discussion of the proposed site plan entitled "Preliminary Site Plan, Ithacare Center, Ithaca, New York, Senior Living Community," prepared by L. Robert Kimball & Associates, dated May 17, 1994, and revised June 28, 1994, and other additional information relevant to the project. NOW, THEREFORE, BE IT RESOLVED0 1. That the Town of Ithaca Planning Board hereby finds that the proposed reduction in the number of parking spaces from the required minimum of 107 to 86 spaces will not adversely affect the traffic circulation on the project site, will result in an adequate amount of parking for all the reasonably anticipated uses or occupancies in the project, and at this time will not adversely affect the general welfare of the community, and accordingly, subject to the conditions set forth in Section 38 of the Town of Ithaca Zoning Ordinance, hereby permits a reduction in the number of required parking spaces from 107 to 86 spaces. 2. That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval to the proposed Ithacare Center Senior Living Community, as shown on the site plan entitled "Preliminary Site Plan, Ithacare Center, Ithaca, New York, Senior Living Community," prepared by L. Robert Kimball & Associates, dated May 17, 1994, and revised June 28, 1994, and further described in additional application materials, subject to the following conditions: an submission to the Planning Board of a completed landscaping plan and planting schedule for consideration as part of Final Site Plan Approval; bo submission to the Planning Board of the size, location, design, and construction materials of all proposed signs and lighting fixtures for consideration as part of Final Site Plan Approval; ce the applicant make arrangements satisfactory to the Town Planner, Town Engineer, and Attorney for the Town, that the enlarged overlook be made available for public use, and that the overlook be adequately maintained. Such arrangements be made in the form of: i Planning Board 10 (i) an easement or so that the maintained by auspices of the or July 5, 1994 deed of same to New York State overlook will be owned and New York State under the Department of Transportation; an easement or deed so that the overlook under the auspices Transportation and College per the the two parties of same to New York State will be owned by New York of the Department of maintained by Ithaca existing arrangement between or a similar one thereof; or a declaration in form acceptable for recording in the Tompkins County Clerk's Office, irrevocable except upon conveyance to the State as above, or receipt of consent to revoke from the Town Board, dedicating the overlook to the use of the public; or (iv) any other arrangement acceptable to the Town Planning Board that would adequately effectuate the intent of the foregoing three options. Either the deed to the State or the agreement from the applicant shall be prepared and approved prior to final site plan approval, do the final site plan, prior to approval, shall show internal pathways, walkways, rest areas, and other facilities that shall be available for public use, together with appropriate parking connected to same, and there shall be submitted as part of final site plan approval a declaration committing the use of such facilities to the public use, reserving to the applicant the privilege (as part of any future modification of the site plan) of relocating all or a portion of such facilities to other locations providing essentially the same recreational benefits as may be approved by the Planning Board. The declaration shall be in a form approved by the Town Planner, Town Engineer, and Attorney for the Town. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Ainslie, Finch, Cornell, Smith. Nay - Bell, Hoffmann. The MOTION was declared to be carried. l Planning Board Chairperson Kenerson Site Plan Approval for Community duly closed at 11 July 5, 1994 declared the matter of the Preliminary the proposed Ithacare Senior Living 8:38 p.m. PUBLIC HEARING: CONSIDERATION OF A RECOMMENDATION TO THE TOWN BOARD WITH REGARD TO THE PROPOSED LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING ORDINANCE TO PERMIT ERECTION OF ELDER COTTAGES IN RESIDENTIAL DISTRICTS. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened at 8:39 p.m. and read aloud from the Notice of Public Hearings as posted and published and as noted above. Town Planner Jonathan Kanter addressed the Board and stated that the Codes and Ordinances Committee developed a proposal to allow the erection of elder cottages in residential districts and asked that the Planning Board recommend adoption of the proposal as a Local Law for the Town of Ithaca. (Proposed Local Law attached hereto as Exhibit #3) Mr. Kanter stated that the cottages were small, separate units to be associated with the principal dwelling residence, which enable relatives to live with the family on the same property, but in separate accommodations. The cottages are seen only as temporary structures. The cottages would be allowed in the R -9, R -15, R -30, and agricultural districts of the Town of Ithaca.' Mr. Kanter continued by stating that the intent of the law would be that no more than two people could occupy a cottage, the residents would have to be 55 years of age or older, and one of the persons would have to be a parent or grandparent of the principal dwelling owner. For further control, the occupant would be listed on the application form, with permits being renewable yearly, with termination within 120 days of the death of the residents of the cottage, or continuous absence of 180 days. The approval process requires that the Zoning Board of Appeals grant Special Approval for placement of the cottages. Mr. Kanter stated that the removal of the cottages would require that the site be restored to its original condition. No permanent fencing or walls for the cottages would be allowed. Board Member Stephen Smith asked if there was a duplex as the main dwelling, would there be two elder cottages allowed on that property. Mr. Smith also asked if variances would be granted for side yards and setbacks for the cottages. Town Attorney John Barney responded granted by the Zoning Board of Appeals. that with regard to two cottages on one one cottage as accessory to a one or two that variances would be Attorney Barney stated property, there would be family dwelling. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone from the public wished to speak. I t Planning Board 12 July 5, 1994 Becky Bilderback of Slaterville Road, addressed the Board and stated that she was the director for Better Housing for Tompkins County, and that there have been 14 applications for elder cottages in Tompkins County, and 3 of those applications are from the Town of Ithaca. Ms. Bilderback passed brochures around to the Planning Board to give an idea of what the units would look like. (Brochure is attached hereto as Exhibit #4) Ms. Bilderback stated that Better Housing for Tompkins County application to the State for funding for six units for Tompkins County. The units would be rented back from Better Housing for Tompkins County. Board Member James Ainslie asked how the units would be moved. Ms. Bilderback replied that they were loaded onto flat bed trucks to be moved. Ms. Bilderback stated that cost was based on three tiers of income. The law does not prohibit private ownership. Ms. Bilderback stated that the County Health Department was working with them, and stated that if the septic system for the primary house is designed to handle the additional need would be acceptable. Ms. Bilderback stated that the foundations under the cottages would be pressure treated piers, and that one of the two doors would be required to be equipped with a ramp. 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 Herbert Finch stated that reversal of ownership, child living in the main dwelling owned by parent, and the parent living in the cottage, was not discussed at the Codes and Ordinances Committee Meeting. Town Attorney John Barney stated that the legislation could be amended if and when it needed to be amended. Attorney Barney stated that there would be a change in the recommendation from to "To Permit the Erection of Elder Cottages" to "To Permit the Placement of Elder Cottages" prior to going to the Town Board for approval on July 11, 19940 There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Stephen Smith, seconded by Eva Hoffmann: RESOLVED, that the Ply recommend to the Town Board Amending the Town of Ithaca Elder Cottages in Resident same is attached hereto. .nning Board recommends and hereby does the adoption of the proposed Local Law Zoning Ordinance to Permit Placement of ial Districts, as proposed and as the There being no further discussion, the Chair called for a I Planning Board vote. IN July 5, 1994 Aye - Kenerson, Bell, Hoffmann, Ainslie, Finch, Cornell, Smith. Nay - None. Abstain - Cornell. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of the proposed Local Law amending the Town of Ithaca Zoning Ordinance to allow the Placement of Elder Cottages in Residential Districts duly closed. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA TAX PARCEL NO. 39 -1 -15, 1.15 + /- ACRES IN SIZE, INTO 2 PARCELS, 00467 AND 0.683, LOCATED AT 1060 DANBY ROAD /118 KING ROAD WEST, DISTRICT R -9 AND BUSINESS DISTRICT "C". EVAN N. MONKEMEYER, OWNER /APPLICANT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Luciano Lama, representative for Evan Monkemeyer, addressed the Board and stated that Mr. Monkemeyer was requesting the subdivision of an existing parcel into two parcels. Assistant Town Planner George Frantz stated that Mr. Monkemeyer received approval in 1979, but neglected to file the subdivision plat at the County Clerk's Office. The Planning Board needs to approve this subdivision to satisfy mortgagee requirement to refinance the property. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Herbert Finch, seconded by James Ainslie: WHEREAS: 10 This action is Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -15, 1.15 +/- acres in size, into 2 parcels, 0.467 and 0.683, in size respectively, located at 1060 Danby Road /118 King Road West, District R -9 and Business District'C'. Evan N. Monkemeyer, Owner /Applicant, and 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 with respect to Subdivision Approval, and . t Planning Board RE July 5, 1994 39 The Planning Board, at a Public Hearing held on July 5, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Survey Map, Premises of Evan N. Monkemeyer Located at 118 King Road West, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C. Engineers and Surveyors, dated October 17, 1980 and amended August 23, 1993, and other application materials, and 4. The Town planning staff has recommended a negative determination environmental significance in accordance of environmental significance with respect to the proposed action, as proposed; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above reference action as proposed and, therefore, neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Finch, Ainslie, Smith. Nay - None. The MOTION was declared to be carried. MOTION by Herbert Finch, WHEREAS: seconded by James Ainslie: 16 This action is Consideration of Subdivision Approval for the proposed Preliminary subdivision and Final of Town of Ithaca Tax parcels, 0.467 1060 Danby District'C'. Parcel No. 39 -1 -15, 1.15 and 0.683, in size Road /118 King Road West, Evan N. Monkemeyer, Owner +/- acres in size, respectively, District R -9 and /Applicant, into 2 located at Business and 20 The Planning Board, at a Public Hearing held on July 5, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Survey Map, Premises of Evan N. Monkemeyer Located at 118 King Road West, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C. Engineers and Surveyors, dated October 17, 1980 and amended August 23, 1993, and other application materials, and S Planning Board 15 July 5, 1994 3. This is an Unlisted Action for which the Town of Ithaca Planning Board, acting as lead agency in environmental review with respect to Subdivision Approval, has, on July 5, 1994, made a negative determination of environmental significance. NOW, THEREFORE, BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for prints. Final Subdivision Approval, as shown on the Final Subdivision There being 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 Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -15, 1.15 +/- acres in size and located at 1060 Danby Road /118 King Road West, into 2 parcels, 0.467 and 0.683 in size respectively, as shown on a subdivision plat entitled "Survey Map, Premises of Evan N. Monkemeyer Located at 118 King Road West, Town of Ithaca, Tompkins County, New York," prepared by T.G. Miller, P.C. Engineers and Surveyors, dated October 17, 1980 and amended August 23, 1993, subject to the following conditions: a. revision of the subdivision plat to show the +/ -1.15 acre parcel to be subdivided in its entirety, and to include the 20 ft. R.o.W centered on the existing Town of Ithaca sewer line and existing drainage easement to New York State as shown on the map entitled "Survey Map - No. 1060 Danby Road Showing New Lot Fronting on King Road West, Military Lot 85, Town of Ithaca, Tompkins County, New York" by Clarence W. Brashear, Jr., L.S. and dated January 22, 1979; b.. submission Board of for signing by the Chairman of an original or mylar copy of the the plat Planning and four dark -line prints. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Finch, Ainslie, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of the Monkemeyer Subdivision duly closed. PUBLIC HEARING: CONSIDERATION OF PRELIMINARY AND FINAL SUBDIVISION APPROVAL FOR THE PROPOSED SUBDIVISION OF TOWN OF ITHACA Planning Board 16 July 5, 1994 TAX PARCEL N0, 23 -1- 11.112, 11.765 + /- ACRES, INTO 4 PARCELS, 0.067 + /- ACRES FOR THE PURPOSE OF CONSOLIDATION WITH TOWN OF ITHACA TAX PARCEL NO 23 -1- 11.127 (RESIDENTIAL LOT OWNED BY STEVEN AND REGINA COREY), 2.97 + /- ACRES, 0.29 + /- ACRES TO BE DEDICATED TO THE TOWN OF ITHACA All A PARK AND RECREATION DEDICATION, AND 8.52+/ - ACRES (PARCEL NORTH OF WOOLF LANE), LOCATED ON WOOLF LANE, RESIDENCE DISTRICT R -15; TIMOTHY CIASCHI, OWNER /APPLICANT. Chairperson Kenerson declared the Public Hearing in the above - noted matter duly opened and read aloud from the Notice of Public Hearings as posted and published and as noted above. Planner I Louise Raimondo addressed the Board and stated that the park and open space dedication allows the completion of the Woolf Trail shown at the southern portion of the subdivision map. (Subdivision Map referred to above is hereto attached as Exhibit #5) Ms. Raimondo stated that the southern portion of the property would be the first parcel, the northern portion would be the second, the parkland dedication would be the third, and the fourth would be the consolidation of the 16 foot portion with the Corey lot. Chairperson Kenerson stated that this was a Public Hearing and asked if anyone from the public wished to speak. Victor Lazar of 108 Woolf Lane, addressed the Board and stated that the power company had hired Aspen tree service to go through that area with a brush hog which left a lot of trash and hugh stumps along the power line which the Board is talking about having as a trail. If the Planning Board opens that to the public, there will be people being hurt, in that state it is currently in there is a large liability for the Town due to the poor job of clearing the line for a trail. Chairperson Kenerson noted that this was a Public Hearing and asked if anyone else from the public wished to speak. No one spoke. Chairperson Kenerson closed the Public Hearing and brought the matter back to the Board for discussion. Mr. Lazar addressed the Board and stated that Mr. Kanter had assured him that the only action that was to be taken tonight on this property was that 16 feet of land would be added to the Corey Lot. Mr. Lazar asked that the Board postpone action on the other parts of the proposal because there were only two neighbors notified of this meeting, and he felt that more would have come to the meeting had they been notified. Town Planner Jonathan Lazar was told of the four Mr. Lazar that the 16 foot change to the property at addition, that he had p: Kanter stated, for the record, that Mr, lot subdivision and that he did not tell lot line modification would be the only this meeting. Mr. Kanter indicated, in =ided Mr. Lazar with copies of the Planning Board 17 July 5, 1994 proposed subdivision maps earlier that day prior to the Planning Board meeting. Board Member Candace Cornell asked the Recording Secretary if she had sufficiently notified everyone in the area of the meeting. Starr Hays, Recording Secretary for the Planning Board, stated that it was not correct that only two of the neighbors had been notified of the meeting. Ms. Hays showed a map of the parcel, which was outlined in purple, with all parcel notified highlighted with pink. Ms. Hays also read a list of those people on Woolf Lane that were notified of the meeting. (Affidavit of Service by Mail is attached hereto as Exhibit #6 and the Map referred to above is attached hereto as Exhibit #7. Town Attorney John Barney stated that everyone adjacent to the property being subdivided had been given notice. The entire neighborhood was not given the notice because it is not necessary to do, however, Starr has the map marked colorfully to show who was sent the notice which includes everyone adjacent to this property. Town Engineer Daniel Walker addressed the Board and stated that this subdivision is creating two building lots. Neither of those building lots has legal frontage without having Zoning Board of Appeals variance to build the houses on those lots. Mr. Walker stated that the Board would be allowing two houses to be built. There appearing to be no further discussion, Chairperson Kenerson asked if anyone were prepared to offer a motion. MOTION by Eva Hoffmann, seconded by Herbert Finch: WHEREAS: 10 Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 23 -1- 11.112, 11.765 +/- acres, into 4 parcels, 0.067 + /- acres for the purpose of consolidation with Town of Ithaca Tax Parcel No. 23 -1- 11.127 (residential lot owned by Steven and Regina Corey), 2.97 + \- acres, 0.29 +\ -acres to be dedicated to the Town of Ithaca as a park and recreation dedication, and 8.52 + \- acres (parcel north of Woolf Lane), located on Woolf Lane, Residence District R -15; Timothy Ciaschi, Owner /Applicant, 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 with respect to Subdivision Approval, and 3. The Planning Board, at a Public Hearing held on July 5, 1994, has reviewed and accepted as adequate the Short Environmental f Planning Board Assessment Form prepared by the Hue July 5, 1994 Part I prepared by the applicant, a Part II Town Planning staff, a subdivision plat entitled "Map of a Portion of Lands of Timothy Ciaschi Showing 0.067 +/- and 3.25 +/- Acre Parcels to be Conveyed, Woolf Lane, Town of Ithaca, Tompkins County, New York," Sheet 2, dated April 11, 1994, amended May 23, 1994 and June 27, 1994, and "Map of Lands Timothy Ciaschi, Woolf Lane, Town of Ithaca, Tompkins County, New York, Sheet 1," dated May 23, 1994, amended June 27, 1994, both prepared by Clarence W. Brashear, Licensed Land Surveyor, and other application materials, and 4. The Town planning staff has recommended a negative determination of environmental significance with respect to the proposed action, as proposed; NOW, THEREFORE, BE IT RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the above reference action as proposed and, therefore, neither a Long Environmental Assessment Form, nor an Environmental Impact Statement will be required. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Hoffmann, Finch, Ainslie, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. MOTION by Eva Hoffmann, seconded by Herbert Finch: WHEREAS: 1. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No, 23 -1- 11.112, 11.765 +/- acres, into 4 parcels, 0.067 + /- acres for the purpose of consolidation with Town of Ithaca Tax Parcel No. 23 -1- 11.127 (residential lot owned by Steven and Regina Corey), 2.97 + \- acres, 0.29 +\ -acres to be dedicated to the Town of Ithaca as a park and recreation dedication, and 8.52 + \- acres (parcel north of Woolf Lane) , located on Woolf Lane, Residence District R -15; Timothy Ciaschi, Owner /Applicant. 2. The Planning Board, at a Public Hearing held on July 5, 1994, has reviewed and accepted as adequate the Short Environmental Assessment Form Part I prepared by the applicant, a Part II prepared by the Town Planning staff, a subdivision plat entitled "Map of a Portion of Lands of Timothy Ciaschi Showing Planning Board 19 July 5, 1994 0.067 +/- and 3.25 +/- Acre Parcels to be Conveyed, Woolf Lane, Town of Ithaca, Tompkins County, New York," Sheet 2, dated April 11, 1994, amended May 23, 1994 and June 27, 1994, and "Map of Lands Timothy Ciaschi, Woolf Lane, Town of Ithaca, Tompkins County, New York, Sheet 1," dated May 23, 1994, amended June 27, 1994, both prepared by Clarence W. Brashear, Licensed Land Surveyor, and other application materials, and 3. This is an Planning Boa with respect made a negat Unlisted Action for which the Town of Ithaca rd, acting as lead agency in environmental review to Subdivision Approval, has, on July 5, 1994, ive determination of environmental significance. 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 Preliminary and Final Subdivision Checklist, having determined from the materials presented that such waiver will result in neither a sicrnificant alteration of the purpose of subdivision control nor the policies enunciated or implied by the Town Board. 2. That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 23 -1- 11.112, 11.765 +/- acres, into 4 parcels, 0.067 + /- acres for the purpose of consolidation with Town of Ithaca Tax Parcel No. 23- 1- 11.127 (residential lot owned by Steven and Regina Corey), 2.97 + \- acres, 0.29 + \- acres to be dedicated to the Town of Ithaca as a park and recreation dedication, and 8.52 + \- acres (parcel north of Woolf Lane), subject to the following conditions: a. The final plat shall show all lot lines and acreage of existing and proposed lots in and adjacent to the proposed subdivision, with a metes and bounds description of each, subject to the approval of the Town Planner and Town Engineer, b. Each of the proposed lots shall be shown as separate, numbered parcels on the final plat, subject to the approval of the Town Planner and Town Engineer, c. Any further subdivision of the 8.52 +/- acre parcel located north of Woolf Lane shall be subject to the 10 percent park and recreation dedication as deemed appropriate by the Planning Board, d. That the owner /applicant provide the Town Planner with a tax and assessment certificate signed by the county treasurer and other officials as may be appropriate, to the effect that there are no unpaid taxes due on the land Planning Board 20 July 5, 1994 being subdivided and payable at the time of plat approval, and no unpaid special assessments, and that all outstanding taxes and special assessments have been paid on all property dedicated to public use, e. An original or mylar copy of the plat to be recorded and four dark -line prints shall be subject to the approval of the Town Planner, Town Engineer, and Chair of the Planning Board and shall subsequently be filed with the Tompkins County Clerk, and proof thereof shall be submitted to the Town Planner prior to any further building permits being issued on Town of Ithaca Tax Parcel No. 23 -1- 11.127, f. The Town Board accept the location of the proposed recreation way over the .292 + /- acre parcel as shown on the above- referenced maps prior to the Chairperson signing the final plat, g. Conveyance of the recreation way, if approved by the Town Board, be completed with marketable title satisfactory to the Attorney for the Town before any further subdivision of any of the lots created by this subdivision is considered, h. The .067 + /- acre parcel shall be conveyed to Steven and Regina Corey and consolidated with their existing lot. There being no further discussion, the Chair called for a vote. Aye - Kenerson, Bell, Ainslie, Finch, Hoffmann, Cornell, Smith. Nay - None. The MOTION was declared to be carried unanimously. Chairperson Kenerson declared the matter of the Westwood Hills Corey Lot line modification and 4 -lot subdivision to be duly closed. AGENDA ITEM: PRESENTATION ON SEDIMENTATION AND EROSION CONTROL MECHANISMS. Chairperson Kenerson declared the above -noted matter duly opened. Town Engineer Daniel Walker addressed the Board and stated that the Planning Board had received a handout entitled, "Erosion and Sediment Hazards Associated with Urban Developments ", and asked that they follow along with him as he reviews the contents of this handout. (Handout referred to above is attached hereto as Exhibit #8) Planning Board 21 July 5, 1994 The Planning Board Members reviewed said handout and had a general discussion of it contents as it could apply to them or any future developments that could come before them. There being no further discussion regarding the matter of erosion and sedimentation control, Chairperson Kenerson closed this segment of the meeting. AGENDA ITEM: OTHER BUSINESS. Chairperson Kenerson stated that this would be Planner I Louise Raimondo's last meeting. Chairperson Kenerson wished her well and stated that the Planning Board would miss her and her wit, Board Member Candace Cornell thanked Ms. Raimondo for helping the Planning Board get through the Cornell University Draft Generic Environmental Impact Statement process. Ms. Raimondo responded that she had enjoyed working with the Board members over the past year and that she was going to spend some time with her children. Chairperson Kenerson stated that there would be interviews for the vacant position on the Planning Board in the near future, in hopes of having someone to fill the vacancy by the Planning Boards first meeting in .August. ADJOURNMENT Upon Motion, Chairperson Kenerson declared the July 5, 1994 meeting of the Town of Ithaca Planning Board duly adjourned at 10:38 p.m. 7/8/94. Respectfully submitted, StarrRae Hays, Recording Secretary, Town of Ithaca Planning Board. 0 l. e Excerpt from November 2, 1993 Planning Board Minutes. Mr. Macera stated that if you were traveling North on 96B, depending on the location, you would not even be able to see the facility. Excerpt from December 7, 1993 Planning Board Minutes. Mr. Macera stated the Ithacare center would not be visible if someone were travelling North on Route 96B without looking back over their left shoulder. Exhibit #2 July 5, 1994 Minutes r , LOCAL LAW NO, FOR THE YEAR 1994 LOCAL LAW TO AMEND THE ZONING ORDINANCE TO P Be it enacted by the Town Board of the Town of Ithaca as follows. Section 1. Findings. The Town Board of the Town of Ithaca finds: 1. There is a need for construction of detached, small, single family dwellings in conjunction with existing dwellings in residential districts to enable elderly relatives to live with their families but in a separate accommodation; and 2. Allowing construction of such small removable homes for use by the elderly will provide housing for elderly at costs that are more within the ability of many elderly persons to meet; and 3. Permitting such housing is Comprehensive Plan of the Town of Ithaca. in furtherance of the recently adopted Section 2. Purpose. It is the purpose and intent of this local law to allow, by special approval, the installation of small, removable homes, on the same lots with one or two family dwellings, in Residence Districts R9, R15, and R30, and Agricultural Districts. Specifically, this local law is intended to. 1. Foster and support extended families. 2. Permit adult children to provide small, temporary homes for their aging parents or grandparents who are in need of support, while maintaining as much of the independence of the different generations as possible; 3. Reduce the degree to which elderly homeowners have to choose between increasing isolation in their homes and institutionalization in nursing homes; 4. Encourage the continued development and use of small homes specifically designed and built for elderly people; . 5. Permit housing in a manner that protects the property values and character of neighborhoods by ensuring that the homes for the elderly are compatible with the neighborhood and are easily removable; 6. Enable the elderly living in homes too large for their needs to move to more appropriate housing and thereby make larger homes available to house larger families. Section 3. Amendments to Zoning Ordinance. The Zoning Ordinance of the Town i dder -U. wp51 hAOC2&w, June 9, 1994 9:12un of Ithaca, as readopted, amended, and revised effective February 26, 1968, and thereafter further amended, be further amended as follows. 1. Article I, Section 1, is amended by adding the following subparagraph to be subparagraph Mma reading as follows: " 10-a. An 'elder cottage' is a separate, detached, temporary one4amily dwelling, accessory to a one or two family dwelling on a lot erected and occupied in accordance with the provisions of Section 59B of this Ordinance." 2. Article III, Section 5, is amended by adding a new subparagraph 8 reading as follows: "8. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance." 3. Article IV, Section 12, is amended by adding a new subparagraph 9 reading as follows: 79. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance." 4. Article V, Section 19, is amended by adding a new subparagraph 8 reading as follows: "8. Elder cottages upon receipt of special approval and approval of the site plan for same pursuant to, and subject to, the provisions of Section 59B of this Ordinance." - 5. Article XI, Section 51, first sentence, is amended to read as follows: "SECTION 51. Use Regulations. In Agricultural Districts buildings and land may be used only for any lawful farm purpose, for a riding. academy or for any use, principal ,._.or accessory, permitted in a Residence District R30...." 3. Article XIII of the Zoning Ordinance is hereby amended by adding a new section 59B entitled "Elder Cottages" reading as follows: "SECTION 59B. Elder Cottages. Elder cottages shall be permitted as accessory uses, ddeall, wpSIiWomLw, June 9. 1994 9:12= upon obtaining special approval from the Board of Appeals, and subject to the following provisions and conditions: 10 Use Limitations: An eider cottage shall not be occupied by more than two persons (a) who shall be the same persons enumerated on the application for the elder cottage, (b) who shall be persons 55 years of age or older, and (c) at least one of such persons shall be a parent or grandparent of one of the owners and occupants of the principal dwelling on the lot where the elder cottage is located. 2. Dimensional Limitations. (a) The elder cottage shall not exceed 750 square feet in total floor area. (b) Notwithstanding any other provisions of this Ordinance, the minimum size of the elder cottage may be reduced to no less than 250 square feet of enclosed floor area. (c) The elder cottage shall not exceed one story in height and under no circumstances shall the total height exceed 20 feet. 3. Location Requirements: (a) An elder cottage shall, subject to the further limitations of this Section 59B, be located only on a lot where there already exists a one4amily or two. family dwelling. (b) No elder cottage shall be located within the front yard of any lot. (c) No elder cottage shall be permitted on a non - conforming building lot. (d) The erection of the elder cottage shall be otherwise in conformity with all other provisions of the Zoning Ordinance including lot coverage and side and rear yard setbacks. 3 ciderll, wp5Iith/lo=Lw, juoc 9, 1994 9:1Zam . .. 4. Building Requirements: (a) An elder cottage shall be clearly subordinate to the principal building on the lot and its exterior appearance and character shall be in harmony with the existing principal building, (b) An elder cottage shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code. If an elder cottage: is a factory manufactured home or component, in addition to complying with any other law, it shall bear an Insignia of Approval or other equivalent, legally recognized indicia of compliance with applicable laws, issued by the N.Y. State Fire Prevention and Building Code Council or the N.Y. State Division of Housing and Community Renewal, (c) An elder cottage shall be constructed so as to be easily removable. The cottage's foundation shall be of easily removable materials so that the lot may be - - restored to its original use and appearance after removal with as little expense as possible. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the cottage from the lot. (d) Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal 4 building. If a cottage is located in an area where electrical, cable, and/or telephone utilities are underground, such utilities serving the elder cottage shall also be underground, (e) It shall be disclosed at the time of application whether the proposed inhabitants of an elder cottage will have a car. If so, an adequate area for parldng shall be required for the expected number of cars. 5. Special Approval: (a) The erection of an elder cottage shall not occur until special approval for same is granted by the Board of Appeals. ..� . (b) The special approval shall be for a period of one year (unless earlier terminated as hereinafter set forth) and thereafter may be renewed annually by the Building and Zoning Enforcement Officer upon receipt of an application for same provided that the circumstances obtaining at the time of the original application 0 S cider-11. wp5Ikh/locOaw, June 9. 1994 9:1:am have not changed. (c) The special approval shall terminate 120 days after (i) the death or permanent change of residence of the original occupant or occupants of the elder cottage, or (ii) any of the occupancy requirements set forth in this Section are no longer met. Without limiting other indicia of a permanent change of residence, continuous absence from the elder cottage of a person for a period of 180 consecutive days shall be considered to be a permanent change of residence. During the 120 day period following any of the events set forth in subparagraphs (i) and (ii) above, the unit shall be removed and the site restored so that no visible evidence of the elder cottage and its accessory elements remains. If the elder cottage has not been removed by the end of the 120 day period, in addition to the existing sanctions in the Zoning Ordinance, actions to insure removal may be taken, including removal and salvage by the Town with a lien imposed to defray any costs incurred. Such lien may be added to the real estate taxes applicable to the lot on which the elder cottage is located and collected in the same way as any other tax payable to the Town. & Procedure For Obtaining A Special Approval. (a) The application for original issuance of a special approval and renewal shall contain such information as the Board of Appeals or Building and Zoning Enforcement Officer may require to adequately review the qualification for granting the approval, but, for an original application shall contain at a minimum: (i) Name of owner of the lot. Name of occupants of principal building. (iii) Name of proposed occupants of the elder cottage. {� (iv) Age of proposed occupants of the elder cottage. (v) Relationship of elder cottage occupants to owners and occupants of the principal building. 5 elderll, wp5lith OC&w. June 9. 1994 9:12am (vi) Sketch plan or survey, which shall be drawn to scale, showing (A) location of all existing buildings, structures, drives, walkways and the layout of utility services, (B) proposed location and size of the elder cottage, (C) proposed water, septic, and other utility connections, (D) proposed landscaping and screening if any is contemplated. (vii) Sketches, drawings, pictures or other materials which adequately describe the layout and appearance of the proposed elder cottage. (viii) Agreement to remove the elder cottage when it no longer qualifies as such. J (ix) Consent for the Town to enter on the property and to remove the - _ elder cottage if the owner fails to timely remove it, as set forth below. (b) By applying for a special approval for the erection of an elder cottage, the owner of the lot on which the elder cottage is to be located, for himself or herself, his or her heirs, successors and assigns, irrevocably consents to the entry of the Town and its authorized officials and agents upon the property, after notice and an opportunity to be heard before the Board of Appeals, for the purpose of removing the elder cottage in the event the requirements for maintenance of same are no longer met, and further agrees that any costs incurred by the Town ' n so removing the cottage shall become a lien upon the property on which the cottage - was located subject to collection in the manner set forth above. (c) The granting of a special approval shall be governed, in addition to the provisions set forth in this Section, to the general provisions relating to granting of special approvals and approval of site plans. The Beard of Appeals shall have the authority, in determining whether to grant the special approval, to review the site plan and apply the criteria relating to site plan approvals that the Planning Board uses in granting site plan approvals pursuant to Sections 46 et. seq. The Board of Appeals shall have the further authority when granting special approval, to impose such reasonable conditions as the Board may deem necessary to minimize the impact of the addition of an elder cottage: upon the lot on which it is being located as well as the neighborhood in which it is being located. P r eiderll, wp5IiWodlaw, June 9, 1994 9:12un 70 Limitation on Variances: Notwithstanding any other provisions of this Ordinance there shall be no variances granted for extension of time for removal of an elder cottage except that the Board of Appeals may, upon making the same findings that would normally be required for the granting of a use variance, extend the time for removal of the elder cottage for one additional six month period. 8. Definition of Owner: For the purposes of this Section, the term "owner" as applied to ownership of a principal building shall mean a natural person (a) Who owns at least a 50 percent interest in the real. property and related buildings, whether individually or as a tenant in common; or (b) Who owns the real property and related buildings with no more than one other individual or entity as co joint tenants or tenants by the entirety, in either event each of the co-joint tenants or tenants by the entirety having identical interests." Section 4. Invalidity. If any provision of this law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law which shall remain in full force and effect. Section 5. Effective Date. This local law shall take effect 10 days after publication as require by law. 7 K 111 1 . 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L ti r 14,1 - 5 � • 11 14.2 1: 2D 1.2t K t 16.2 L" K CAL ; S ai •C 2.si 16.1 [r. �•� L'11 AC + t { 17 1 2.6 .0 CAL ` �• " k a AC CAL .t, w lots _ W 1 o. .c 424 I.23 1.21 ' M 2.3 AS v �� N 1 3,w 7 2a �•Z'T 121 x•29 1.0 ` S a 44C CAW, t 7%2 4l3 4 t :` — — _ : 2,613 41,4 \\ 4LT ` 41.3 ('� 1. 2t1 331 93 2 41.6 , 1.11 .0 • sy !.1 i mo �� sT de 2.7 AC e. 1 4 3a - noT LK • • he he he 0 Erosion and Sediment Hazards Associated with Urban Deveiopme� Im the hurbarizing process, many people may be adversely go nc=• • • erosion and sc===r from. • ... may cans canse considerable eco• • .• damage t• kufrviduals • • society in general... St== pollucion and daznages to pubfic &►C • 1 • .s . • priveate homes •. • Ffazards associaced wick urban developments- nc;udm L a large increase of soil exposed to erosion from wind and wale. ; Z increased water runoff, soil movement, sediment ac- cumulation and peak flows caused by: A. removal of plan[ cover, B. a decrease in the area of soil which can absorb water because of construction of streets, build. ings, sidewalks and parking lots; C. changes in drainage areas caused by grading operations, diversions and streets; D. changes in volume and duration of water con:w* he centrations caused by altering stecpncss, dis- tancc and surface roughness; E. soil compaction by heavy equipment which can reduce the water intake of soils as much as 90 per=nt of the original rate, F. prolonged exposure of unprotected sites and service areas to poor weather conditions. 3. altering the groundwater regime that may adversai affect drainage systems, slope stability, survival of existing vegetation and establishment of new plants; 4, exposing subsurface materials that are too rocky, too acid, or otherwise unfavorable for establishien S. obstructing streamflow with new buildings, dikes and i landfills. 6. improper timing and sequence of construction and development activities; 7. abandonment of sites before completion of constrac- tion. - he fj i i i i i _ he he he hhe he he he. he 6. improper timing and sequence of construction and development activities; 7. abandonment of sites before completion of constrac- tion. - he fj i i i i i _ he he he hhe r a BASIC PRINCIPLES OF EROSION AND SEDIMENT CONTROL The Erosion and Sedimentation Processes Prhe standards, specifications and planning guidelines presented in this document are intended to be utilized when development activities change the natural topog raphy and vegetative cover of an area. It is necessary to formulate and implement erosion and sediment control plans with urban land development because such develop= ment can increase erosion and sediment problems. To understand how erosion and sediment rates are increased requires an understanding of the processes themselves. Soil erosion is the removal of soil by water, wind, ice, or gravity. This document deals primarilywith the types of soil erosion caused by rainfall and surface runoff. Raindrops strike the soil surface at a velocity of approximately Z5-30 feet per second and can cause splash erosion. Raindrop erosion causes particles of soil to be detached from the soil mass and splash into the air. After the soil particles are dislodged, they can be transported by surface runoff, which results when the soil becomes too saturated to absorb falling rain orwhen the rain falls at an intensity greater than the rate at which the water can enter the soil. Scouring of the exposed soil surface by runoff can cause further erosion. Runoff can become concentrated into rivulets or well defined channels up to several inches deep. This dunned stage is called rill erosion. If rills and grooves in unrepaired, they may develop into gullies when more concentrated runoff flows downslope. Sediment deposition occurs when the rate of surface flow is insufficient for the transport of soil particles. The heavier particles, such as sand and gravel, transport less readily than the lighter silt and clay particles. Previously deposited sediment may be suspended by runoff from another storm and transported farther downslope. In this way, sediment is carried intermittently downstream from its upland point of origin. Factors That Influence Erosion The erosion potential of a site is determined by five factors; soil crodibility, vegetative cover, topography, climate and season. Although the factors are interrelated as deter- minants of erosion potential, they are discussed separately for easy understanding. 1. Soil Erodibility - The vulnerability of a soil to erosion is known as erodibility. The soil structure, texrure, and per- centage of organic matter influence its erodibility. The most erodible sails generally contain high proportions of silt and very fine sand. The presence of clay or organic matter tends to decrease soil erodibility. Clays are sticky and tend to bind soil particles together. Organic matter helps to maintain stable soil structure (aggregates). Vegetative Cover - Vegetation protects soil from the erosive forces of raindrop impact and runoff scour is several ways. Vegetation (top growth) shields the soil sur- face from raindrop impact while the root mass holds soil Particles in place. Grass buffer strips can be used to filter sediment from the surface runof. Grasses also slow the velocity of runoff, and help maintain the infiltration capacity of a soil. The establishment and maintenance of vegetation are the most important factors in minimi�ng erosion during development_ 3. Topography - Slope length and steepness greatly in- fluence both the volume and velocity of surface runoff. Long slopes deliver more runoff to the base of slopes and steep slopes increase runoff velocity. Both conditions en- hance the potential for erosion to occtr. 4. Climate - Climate also affects erosion potential in an area. Rainfall characteristics such as frequency, intensity, and duration directly influence the amount of runoff that is generated. As the frequency of rainfall increases, water has less chance to drain through the soil between storms The soil will remain saturated for longer periods of time and stormwater runoff volume may be potentially greater. Therefore, erosion risks are high where rainfall is frequent, intense, or lengthy. 5. Season - Seasonal variation in temperature and rainfall defines periods of high erosion potential during the year. A high erosion potential may -exist in the spring when the surface soil first thaws and the ground underneath remains frozen. A low intensity rainfall may cause substantial erosion because the frozen subsoil prevents water infiltra- tion. In addition the erosion potential increases during the summer months due to more frequent, high intensity rain- fall. New York Guidelines for Urban Page 1.2 October 1991- Third Printing Erosion and Sediment Control ki Figure Z1 Planning Flow Chart ® Runoff Control r - U W Q W W Z o--e � Q W Q Q Cr. �Mmm O C3 a � U U W W U W W O C= Q in a N W U u] (n 2 W � Cm m � 3 Q in Q � W W �+ Y CL 1— to Z O ryi �Yi Cn W (� F- in W a c W Q � a Y W � U U r m CA � _ � Q W cma rZ,. 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U oz _ O 0 W C � M� INNEW t9 U W 2 ~ W p to H N LU C t7 �Zr J = J W Z Act 3 L a 7 sZr W t Down U U O a � W W 2 O U Q tu W a. 2 rJ or W F- GA Z-� Ltd on ) / 1CL `W ,r^ VI Z, CL W 1-- U3 Ltd W New York Guidefim for Urban Page 26 October 1991- Third Printing Erosion and Sediment Control J _ O 0 Dwo M� INNEW t9 U W 2 ~ Co YH Z H Z C t7 �Zr J < t7 W Z Act 3 CL a m loom O Z U U O m � W t C13 W 4 J W O-+ Q Z W � 2 � f!7 n L 7 a _ U3 am am H 2 rJ or W F- GA Z-� Ltd on ) / 1CL `W ,r^ VI Z, CL W 1-- U3 Ltd W New York Guidefim for Urban Page 26 October 1991- Third Printing Erosion and Sediment Control J _ O Dwo M� INNEW t9 U W 2 ~ Co YH Z H Z C �Zr J < t7 Z Act 3 CL a m � O Z U Z m � W t C13 W 4 J W Q � 2 f!7 L 7 rJ or W F- GA Z-� Ltd on ) / 1CL `W ,r^ VI Z, CL W 1-- U3 Ltd W New York Guidefim for Urban Page 26 October 1991- Third Printing Erosion and Sediment Control J O Dwo INNEW t9 U W 2 ~ Co YH H � J < 3 m m � W C13 rJ or W F- GA Z-� Ltd on ) / 1CL `W ,r^ VI Z, CL W 1-- U3 Ltd W New York Guidefim for Urban Page 26 October 1991- Third Printing Erosion and Sediment Control J rl Figure Z3 Planning Flow Chart - Sediment Control JJJ M f!7 CL � Q Z cc LLJ Z C J Cn r1 Q 2 lid j--4 C17 C13 H Q � m s ~ F- m W f N S 1�1 Z Z �.. OEM Q = Lit y Z W = Q W O CC � Lt" J Cn 2 m O W N < W y W Q 2 N U O V m � DID tV O Cn LJ o � (n x � W CL W Q W tal H W J Q y Qi JJJ M f!7 CL � Q Z cc LLJ Z C J Cn r1 Q 2 lid j--4 C17 C13 H Q � m JJJ W Y Q W 1 < m < S U2 S W J li.. W Z t CC n !A J f!7 cn Lid Q CLW H Z C J Cn r1 a n=i lyd Ltd < H � � G s ~ F- m W f N S 1�1 Z 1�-1 �.. OEM Q W Lit Q Z Q = „y W W CC � Lt" J Cn 2 Cfl W N < y W Q 2 N U O Z s J DID tV O Cn LJ � (n x � W CL W Q W tal H W J Q y Qi UA 1N Uj Cn W W Y Q W 1 < m < S U2 S W J li.. W Z t CC n !A W U S W W OEM J_ t0 U J Z cn Lid Q W H Z C J Cn r1 C 17 U. W U S W W OEM J_ t0 U J Q F- Q Z }. Z Q Q n,� Cz lyd Ltd rm=4 Ltd � G s ~ W N S 1�1 � 1�-1 F- C3 Q W Lit Q H Q Gn „y CC � Lt" J Cn 2 Cfl J y < 2 N U O tV Cn _1 (n � CL W Q W tal H Q Q Q Qi UA 1N Uj Cn OWN N w 1� < 2 T] 41 f� ui ►r lil to J Q F- Q }. Z Q Q U Cz lyd Ltd rm=4 Ltd G T] 41 f� ui ►r lil to SC38V 31IS -Jd0 10310Hd l0b1NO3 1N3WI03S o- W Cn October 1991- Third Printing Page 2.7 New York Guidelines for Urban Erosion and Sediment Control F-- Z F- F- }. Z W lyd Ltd rm=4 Ltd W Mme- 1�1 � 1�-1 F- C3 Q Lit Q H Q Gn U CC � Lt" Cn 2 Cfl tV Cn _1 (n � CL W Q W tal H Q Q C13 J _ Cn SC38V 31IS -Jd0 10310Hd l0b1NO3 1N3WI03S o- W Cn October 1991- Third Printing Page 2.7 New York Guidelines for Urban Erosion and Sediment Control RESOURCE PLANNING IN URBAN AREAS Resource Effective solutions to urban erosion and sediment problems begin with planning. Resource plans can guide and control urban growth preventing wasteful and hap- hazard developments. Districts and the SCS have technical resource data and information that can serve as a basis for decision making by local authorities to fulfill the objectives established by plans. These objectives may include reserving best agricul- tural areas for cropland; maintaining an economic agricul- tural use; protecting historical, scenic and natural beauty areas; providing for open spaces and parks; developing attractive residential, institutional and industrial areas; and using tloodplains and other problem areas for recreation buffer zones and conservation education uses. Land Development Plans As more specific plans, such as plans for subdivisions, are developed for smaller areas, SCS can furnish more detailed information and interpretations. This information will help determine the suitability of the site for the kind of develop- ment to be made. It will also help in planning and treating these Iands to greatly reduce erosion and sediment problems during construction. Certain basic data need to be assembled before adequate technical information and interpretations can be provided for a subdivision or other type of specific plan. These data consist primarily of: •u.•I • l- • • •• • Conditions of proposed areas to be developed need to be examined early in the planning stages. These conditions include location, accessibility, present land use, size of proposed tract, topography, drainage pattern, geology, hydrology, soils, vegetation and climate. Such information is obtained from on -site examinations and existing technical reports, maps, records and other documented material usually avail- able from local sources. Soils information, interpretations and data are basic to urban land uses. These studies provide an under- standing of the capabilities and general limitations of the site. They point out the feasibility of planned land uses, economic considerations and conservation re- quirements of the site. Soils information such as detailed soil maps and in- terpretation sheets may be available in local SCS and Soil and Water Conservation District offices and will specifically provide the following soils information. A. descriptions, erodibility, Iimitations and capabilities; B. engineering properties of soils; C. suitability of the soil as a resource material for topsoil, gravel, sand highways, dams and levees; D. site suitability for buildings, roads, winter grading foundations, septic tank disposal fields, sanitary land fills, vegetation, reservoirs, dams, artificial drainage, recreational areas and wildlife develop- ment. Generalized soils information, also useful for some purposes, is usually available in SCS offices. Erosion and Sediment Control Plan An erosion and sediment control plan should be prepared for all land development and construction activities when it is determined that soil erosion and sedimentation, if not controlled, may have a significant affect on the environ- ment. Appendix A, New York State Department of En vironmental Conservation TOGS 5.1.10 provides guidance for initiating erosion and sediment control plans. A great deal of information must be assimilated to develop an efficient plan to minus nize erosion and control sedimen- tation at a construction site. An erosion and sediment control plan shows the site's existing topography, and how and when it will be altered. It also shows the erosion and sediment control measures that will be used to minimize the risk of sediment pollution, and how and when they will be implemented and maintained. The coordination of erosion and sediment control practices with construction activities is explained on the plan by a phasing schedule. The Planning Process The following procedure is recommended to develop a plan that will efficiently control erosion and sedimentation throughout the site development process. Assess the physical characteristics of the site to deter- mine how it can be developed with the smallest risk of environmental damage. MinIm17P grading byutiliz ing the existing topography wherever possible. Avoid disturbing wetlands or other environmentally seas' tive areas. Minimize offsite impacts by maintaining vegetative buffer strips between disturbed and a& jacent areas. October 1991 - Third Printing Page 2.1 New York Guidelines for Urban Erosion and Sediment Control Decide exactly which areas must be disturbed in order to accommodate the proposed construction. Pay special attention to critical areas (e.g, steep slopes., highly erodible soils, surface water borders) which :must be disturbed. Staged clearing and grading should be considered as an alternative to massive clearing and grading. . . . r Determine how runoff will drain from the site. Con- sider how erosion and sedimentation can be contr& led in each small drainage area before looking at the entire site. Remember, it is more advantageous to control erosion at the source and prevent any problems than to design perimeter controls to trap sediment. Erosion and sediment control practices can be divided into vegetative and structural controls. This handbook should be used for the selection and design of vegetative and structural practices. Vegetative and structural controls are outlined below. A. Vegetative rontrolc - The best way to protect the soil surface and limit erosion is to preserve the existing vegetative gxoundcover. Where land dis- turbance is necessary, temporary seeding or mul- ching should be used on areas which will be exposed for long periods of time prior to constrnc- tion. Permanent stabilization should be per- formed as soon as possible after completion of grading. Erosion and sediment control plans must contain provisions for permanent stabilization of disturbed areas. Seed type, soil amendments, seedbed preparation, and mulching should be described on the plans. Selection of permanent vegetation should include the following con- siderations for each plant species: 1) establishment requirements; 2) adaptability to site conditions; 3) aesthetic and natural resource values; 4) maintenance requirements. B. S=lctural C'natr0 s - Structural sediment control practices may be necessary when disturbed areas cannot be promptly stabilized with vegetation. Structural practices shall be constructed and maintained in accordance with these guideline standards and specifications. An acceptable erosion and sediment control plan includes: 1) a map of the existing topography and proposed grading; 2) provisions for erosion and sediment control; 3) a time schedule of proposed construction ac- tivity and erosion and sediment control im- plementation; and 4) maintenance phasing Standard symbols are used to facilitate the understanding and review of plans. The symbols, Figure 4.1 on page 43, are designed to be easy to apply to plans by drafting or by using stick on materials. They should be bold and easily discernible on the plans. The following scales are recom- mended for use on erosion. and sediment control plans because they facilitate the plan review process: I in. M ft.,1 in. = 30 ft., I in. = 40 l2, or 1 in. = 50 ft. The contour interval for these plans shall be two feet or less. Other scales or contour intervals may be favored for special types of land disturbance projects. For example, strip mine plans are often drawn to scales of 1 in. = 200 ft or 1 in. = 500 ft. with contour intervals of 5 to 20 feet. Consult the appropriate plan. review agency prior to finaliz- ing the selection of plan scale. A sample checklist is con- tained in the appendix. Implementation of Erosion and Sedar><nnent Controls Effective implementation of erosion and sediment controls requires good construction management. Proper manage- ment can reduce the need for maintenance of structural controls, regrading of severely eroded areas, and reconstruction of controls that were improperly imple- mented. Good site management results in efficient use of manpower and financial savings. Site management for effective implementation of erosion and sediment controls involves the following: 1. Clear only what is required for immediate construc. tion activity. Large projects should be cleared and graded as construction progresses. Mass clearing and grading of the entire site should be avoided. Restabilize disturbed areas as soon as possible after construction is completed. Certain sections of large . construction projects may be completed before others and be ready for stabilization before the total project is completed. `JVaiting until the end of the project to commence all site stabilization may leave areas exposed for an unnecessarily long duration. 2. Divert offsite runoff from highly erodible soils and steep slopes and convey to stable areas. 3. Physically mark off limits of land disturbance on the site with tape, signs, or other methods, so the workers can see areas to be protected. 4. Make sure that all workers understand the major provisions of the erosion and sediment control plan. New York Guidelines for Urban Page 22 October 1991 - Third Printing Erosion and Sediment Control 1 • e , 0��l 5. Designate responsibility for implementing the erosion and sediment control plan to one individual. 6. Implement a daily inspection program to determine when erosion and sediment control measures need maintenance or repair. Pay particular attention to the inspection following rainfall events. Predicting Soil Losses Estimates of soil losses can be made for construction sites by using the Universal Soil Loss Equation. This equation uses rainfall intensity or erosion index, soil erodibility, and slope factors in calculating the estimated soil loss The equation is used to determine sheet and rill erosion Iosses on the sate. Predictions of soil losses in areas to be developed is directly related to resource planning. The predictions will influence the degree of planning and treatment required for proper control of erosion and sediment. Predicted soil losses may also create an awareness among developers, local govemn ment agencies and others of the urgent need to install conservation measures before or concurrent with con- struction. Soil losses on a construction site may be predicted for a whole year, a part of a year or on the basis of "probability" storms and magnitudes of single storms. (Refer to Appen- dix B for instructions and examples on how the Universal Soil Loss Equation is used for this purpose.) Sediment Yield Sediment yield involves both soil erosion on the site and the transport mechanism acting to carry the eroded material off the site. Where sediment yields from a developing area are needed for calculation of sediment basin design, etc., the methods in Section 8 can be used for determining the amount of the eroded material that will leave the site as sediment. Planning Assistance Planning assistance may be available from the county Soil and Water Conservation District. Based upon data and information described above, plan- ning assistance during the development of a plan may include the following considerations: 1. Planning of streets and lots should relate to site con- ditions. Streets laid out at right angles to contours often have excessive grades that increase erosion hazards and sedimentation. 2 Construction plans for public utilities should include steps needed to reduce sediment producing hazards when pipelines, electric transmission and telephone lines are installed. 3. Environmental quality is enhanced when open spaces, parks, recreational areas, ponds, wildlife habitat and other areas of public use become integral parts of the plan. These areas should be well delineated and protected from damages that may occur from nearby construction. Selections of such areas should be based upon soils, vegetation, water, topography, ac- cessibility, wildlife, and aesthetic values. 4. Integrated surface and storm drainage systems are essential parts of any planned development_ The plan should clearly specify: location and capacities of diversions and debris basins; paved or other types of lined chutes, outlets and waterways; drop inlets; open or closed drains; stream channel protection and bank erosion structures. 5. Stabilizing land with plant materials or mulches should be part of a planned development. Retention of exist- ing natural vegetation in strategic areas is beneficial and desirable. 6. Installation of the control measures before or as soon as possible during construction will greatly reduce erosion and sediment damages. 7. Temporary and /or permanent erosion control measures may be needed. They should also be in stalled as soon as possible. Provisions for main tenance of these measures should be part of the plan and enforced. Erosion and Sediment Control Ordinances and Subdivision Regulations Local ordinances or regulations dealing with erosion and sediment controls enhance and implement resource plan- ning and development in areas that are to be urbanized. The SCS does not, in any way, participate in the enactment or enforcement of ordinances. This is strictly the respon- sibility of authorized government agencies and officials. At the request of local Districts, the SCS can furnish any available technical information or data that may be useful to authorized local government agencies when preparing to formulate ordinances or regulations. October 1991 - Third Printing Page 23 New York Guidelines for Urban Erosion and Sediment Control. STEPS IN THE SELECTION OF CONTROL MEASURES .S�gr l; I - IclennIfY {'onrrol Method - On any construction site the objective in erosion and sediment control is to prevent off -site sedimentation damage. Three basic methods are used to control erosion on construction sites: runoff con- trol, soil stabilization, and sediment control. Controlling erosion should be the first line of defense. Where soil properties and topography of the site make the design of sediment trapping facilities impractical, runoff control and soil stabiliization should be used. Controlling erosion is very effective for small disturbed area such as single lots or small areas of a development that do not drain to a sc& ment trapping facility. Sediment trapping facilities should be used on large developments where mass grading is planned, where it is impossible or impractical to control erosion, and where sediment particles are relatively large.. minimum of cost for erosion and sediment control is usually accomplished by using a combination of vegetative and structural erosion control and sedimentation control measures. Step 2,:Idcbj3fif�! Problem Arras - Once a method of control is selecteel, potential erosion and sediment control prob- lem areas are identified. Areas where erosion is to be controlled. will usually fall into categories of slopes, graded areas or drainage ways. Slopes include graded rights-of- way, stockpile areas, and all cut or fill slopes. Graded areas include alll stripped areas other than slopes. Drainage ways are areas where concentrations of water flow natural- ly or artificially, and the potential for gully erosion is high.. Problem areas where sediment is to be controlled fall into categories of large or small drainage areas. Small areas are usually 1 acre or less while large areas are larger than 1 acre. Step Is rI Required Stratca . 11e third step erosion . • sediment control p l ann in to f o ll o w . . can be taken to solve the problem. Strategies can be used individually or in combination. For example, if there is a cut slope to be protected from erosion, the strategies may be to protect the ground surface, divert water from the slope or shorten it. Any combination of the above can be used. If no rainfall except that which falls on the slope has the potential to cause erosion and if the slope is relatively short, protecting the soil surface is often all that is required to solve the problem. Step 4' ldendfy CQnMal M' .as it . Group - Once required strategies are identified, the planning matrix leads to the group or groups of controll measures that will accomplish one strategy. Control measures within each group have similar purpose, scope, application, design, criteria, stand- and plans, and construction specifications. Therefore, any measure within a group will solve the problem in question, Step S' Select Specific ontroI-M as tr .. The final Step in erosion and sediment control planning can be ac- complished by completing final design. This involves adap- tation of any control measure within a group to solve the specific erosion and sediment control problem. From descriptions given to the right of each control measure, the one measure which is most economical, practical, efficient; and adaptable to the site can be chosen. Once the specific control measure has been selected, the. plan key symbol given in the matrix can be placed on the erosion and sediment control site plan to show where control measures will be used. Standardized design, plan, and construction specification sheets can then be com- pleted for each control measure. This completes the plan- ning for sedimentation control and soil erosion as part of the total natural resource plan. New York Guidelines for Urban Page 2.4 October 1991 - Third Printing Erosion and Sediment Control 4 1 i] i % TOWN OF ITHACA PLANNING BOARD FINAL 126 East Seneca Street Ithaca, New York Tuesday, July 5, 1994 COPY AGENDA 7:30 P.M. Persons to be heard. 7:35 P.M. Continue consideration of Preliminary Site Plan Approval for the proposed Ithacare Senior Living Community, proposed to consist of a +/- 115,000 sq. ft. building with 60 adult care units, 20 assisted living units, and 80 independent living units, located on the west side of Danby Road approximately 2,000 feet south of the entrance to Ithaca College, on that 28 +/- acre portion of Town of Ithaca Tax Parcel No. 39 -1 -1.3 for which the Town of Ithaca Planning Board granted Preliminary and Final Subdivision Approval on March 1, 1994, Special Land Use District No. 7. , Ithacare, Inc, Applicant; Mark Macera, Agent, 8:05 P.M. 8:15 P.M. 8:30 P.M. 5. 6. 7. 1:11 PUBLIC HEARING: Consideration of a recommendation to the Town Board with regard to the proposed Local Law Amending the Town of Ithaca Zoning Ordinance to Permit Erection of Elder Cottages in Residential Districts . PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -15, 1.15 +/- acres in size, into 2 parcels, 0.467 and 0.683, located at 1060 Danby Road /118 King Road West, District R -9 and Business District "C ". Evan N. Monkemeyer, Owner /Applicant, PUBLIC HEARING: Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 23 -1- 11.112, 11.765 +/- acres, into 4 parcels, 0.067 + /- acres for the purpose of consolidation with Town of Ithaca Tax Parcel No. 23- 1- 11.127 (residential lot owned by Steven and Regina Corey), 2.97 + \- acres, 0.29 +\ -acres to be dedicated to the Town of Ithaca as a park and recreation dedication, and 8.52 + \- acres (parcel north of Woolf Lane), located on Woolf Lane, Residence District R -15; Timothy Ciaschi, Owner /Applicant. Presentation on sedimentation and erosion control mechanisms. Approval of minutes: June 21, October 5 November December December Other Business. Adjournment. 1994 1993 2, 1993 7, 1993 28, 1993 Jonathan Kanter, AICP Town Planner NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS VNABLE TO ATTEND, PLEASE NOTIFY THE PLANNING BOARD SECRETARY, STARR HAYS, IMMEDIATELY AT 273 -1747. A cjuorum oS rive b� membar� is riecessary to conduct Plaririirmg Board busiaass _ � CFilename: 7 -5 -94. AGD TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARING Tuesday, July 5, 1994 By direction of the Chairman of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday, July 5, 1994, at 126 East Seneca Street, Ithaca, N.Y., at the following times and on the following matters: 8:05 P.M. Consideration of a recommendation to the Town Board with regard to the proposed Local Law Amending the Town of Ithaca Zoning Ordinance to Permit Erection of Elder Cottages in Residential Districts. 8:15 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -15, 1.15 +/- acres in size, into 2 parcels, 0.467 and 0.683 acre in size respectively, located at 1060 Danby Road/118 King Road West, District R -9 and Business District`C'. Evan N. Monkemeyer, Owner /Applicant. 8:30 P.M. Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 23- 1- 11.112, 11.765 +/- acres, into 4 parcels, 0.067 + /- acres for the purpose of consolidation with Town of Ithaca Tax Parcel No. 23 -1- 11.127 (residential lot owned by Steven and Regina Corey), 2.97 +\ acres, 0.29 +\ -acres to be dedicated to the Town of Ithaca as a park and recreation dedication, and 8.52 +\ acres (parcel north of Woolf Lane), located on Woolf Lane, Residence District R -15; Timothy Ciaschi, Owner /Applicant, Said Planning Board will at said times and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. Dated: Publish (Filename: 7- 5- 94.PH) Monday, June 27, 1994 Thursday, June 30, 1994 Jonathan Kanter, AICP Town Planner 273 -1747 A�1 ` 1 1 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 ?1 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING BOARD NOTICE OF PUBLIC HEARING TUESDAY, July 5, 1994 Dear Resident: PLANNING 273 -1747 ZONING 273 -1747 Please note that a Public Hearing will be held by the Planning Board of the Town of Ithaca at 8 :15 P.M. on Tuesday, July 5, 1994, at 126 East Seneca Street, Ithaca, N.Y., on the following matter: Proposed Monkemeyer Subdivision Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 39 -1 -15, 1015 +/- acres in size, into 2 parcels, 0.467 and 0.683, located at 1060 Danby Road /118 King Road West, District R -9 and Business District'C'. Evan N. Monkemeyer, Owner/ Applicant. The Planning Board will at said time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. The entrance to the Public Hearing is located off the Citizens Savings Bank parking lot on the west side of Town Hall. Jonathan Kanter, AICP Town Planner 273 -1747 Dated: Wednesday, June 29, 1994 <Filenama: \ Starr \Davrays \Notices \RBanotce. Ff3> it .y ` % CLERK 273 -1721 TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 HIGHWAY 273 -1656 PARKS 273 -8035 ENGINEERING 273 -1747 PLANNING BOARD NOTICE OF PUBLIC HEARING TUESDAY, July 5, 1994 Dear Resident: PLANNING 273 -1747 ZONING 273 -1747 Please note that a Public Hearing will be held by the Planning Board of the Town of Ithaca at 8:30 P.M. on Tuesday, July 5, 1994, at 126 East Seneca Street, Ithaca, N.Y., on the following matter. Westwood Hills Subdivision ^- - -- T Consideration of Preliminary and Final Subdivision Approval for the proposed subdivision of Town of Ithaca Tax Parcel No. 23 -1- 11.112, 11.765 +/- acres, into 4 parcels, 0.067 + /- acres for the purpose of consolidation with Town of Ithaca Tax Parcel No. 23 -1- 11.127 (residential lot owned by Steven and Regina Corey), 2.97 + \- acres, 0.29 +\ -acres to be dedicated to the Town of Ithaca as a park and recreation dedication, and 8.52 + \- acres (parcel north of Woolf Lane), located on Woolf Lane, Residence District R -15; Timothy Ciaschi, Owner /Applicant. The Planning Board will at said time and said place hear all persons in support of such matter or objections thereto. Persons may appear by agent or in person. The entrance to the Public Hearing is located off the Citizens Savings Bank parking lot on the west side of Town Hall. Dated: Wednesday, June 29, 1994 Filename : \Starr \Devrev a \Notices \Resnotce . PH Jonathan Kanter, AICP Town Planner 273 -1747