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HomeMy WebLinkAboutPB Minutes 1999-06-15FILED TI OWN Of #THACA June 1 1 999 The Town of Ithaca Planning Board net in regular session on Tuesday, June 15, 1999, in Town Hall, 126 East Seneca Street, lthaca, New York, at 7:30 p.m. PRESENT: Eva Hoffmann, Vice Chairperson; George Connemar#, hoard Member; :fames Ainslie, Board Member; harry Thayer, Board Member; Jonathan Kanter, Director of Planning; John Bar! ey, Attorney for the Town (7:37 p.m.); Dan Walker, Director of Engineering (7:43 p.m.); George Frantz, Assistant Town Planner; 'mike Smith, Planner. EXCUSED: Fred Wilcox, Chairperson; Robert K n � �, # r- n p e er o_�, Board I amber: T. acy Wtrano, Board Mennber, ALSO PRESENT& Lawrence Fabbroni, 127 Warren Road; Karen: Westmont, 206 Forest Home; Ruth Mahr, 103 Judd Falls Road; Robin Seeley, 332 Hurd Road; S. He" beam, Ithaca Journal* Beverly Wiggins, Attor #;eye, Jon i Livesay, 147 Snyder dill Road; wally Carroll, Cornell University; A. , . Dutcher, 21 Besemer Drive; Martin Sl#efter, 143 Pine Tree Road; Susan. Shefter, 148 Pine Tree Road; Kathryn Wolf, Trowbridge golf, Vice Chairperson Hoffmann 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 Hail and the Ithaca Journal on June 8, 1999, and June 9, 1999, together with the properties under discussion, as appropriate, upon the Clerks of the City of Ithaca and the Town of Darby, upon the Tompkins County Commissioner of Planning, upon the Tompkins County Commissioner of Public Works, and upon: the applicants arid/or agents, as appropriate, o n June 9, 1999. (Affidavit of Posting and Publication is hereto attached as Exhibit #1,) Vice Chairperson Hoffmann read the Fire Exit Regulations to those assembled, as required by the New York State Department of State, Office of Fife Prevention CL and AGENDA ITEM: PERSONS TO BE HEARD, Vice Chairperson Hoffman opened this segment of the meeting at 7 :31 p,#n, dally Wiggins, Attorney on behalf of East Hill Citizens Asso: #at #on, stated the assoCiat #on oa#r#e to him June i4, 1999. and asked hi# # to review to record of thy' Burger lii #�g decision. He has found a number of procedural oversights. A re- hearing would give, the board an opportunity to correct their oversights. The determination was made on May 18, 1999. It was filed with the clerk on May 27, 1999, Section 274a, subdivision 8, requires the filing to be :Wade within 5 business days, A re ,,hearing would address the issue without a court hearing. In reviewing the record, an application for a special approval was made. It i4 important because the application sets forth in detail why the board should make a finding that a special approval is appropriate. Without the issues being addressed in the application, then the board is PLANNING BOARD PAGE 2 JUNE 152 1999 APPROILED - APPROVED - APPROVED - OCTOBER 19, 1999 - APPMO ED - APP,RO ►IED - APPROVED faced with a situation where his clients have not presented evidence for the board to consider in those areas. Jonathan Kanter, Director of Planning, stated that legal issues are being presented. It woLi;d be more appropriate for the Attorney for the Town to hear, The Town will not be able to give a response this evening, Mr. Wiggins stated the time in which to appeal is 30 days frotr the filing. They are facing a decision as to whether to appeal before the 27`i of June or ha4fe a rd- hearing. There is a difference in the Ordinance for the period of time in which a public hearing is to' be held after the application is filed. The Qidirarce sates 46 days and the Town Law states 62 days. This was in between. Under Section 46a, the Town Planning Board is required to address the same issues as tree Zoning Board of Appeals. In the resolution, three issues were cited. There are additional issues that the Zoning Board of Appeals is required to address. Section 78 list items that were not addressed by the board that his clients did riot have an opportunity to submit evidence oh, These are the health, safety, morals, general welfare of the COMMunity in harmony with the general;, purpose of this ordinance shall be promoted. The design: shall be consistent with the character of the neighborhood it is located in. The proposed use should not be detrimental to the neighborhood character. ii The Sign Ordinance was not addressed. There are many sins in the site plan that do not conform to the Sign: Ordinance. The board has not made any determination in respect to that. The Board believed that they did not have that responsibility. The Planning Board must advise the Zoning Board of Appeals. If the Board fails to make a recommendation it means it is a recommendation. It Yneans that the site plan is approved with the signs that do not conform to the Ordinance. This relates to the question of what is a restaurant: Does it mean a drive4hrough % If the Ordinance had not addressed that issue by making a distinction between banks and drive *rough banks, then it may have been an oversight. Drive4hrough restaurants have been around as long as drive - through banks. Drive - through barks are allowed in a "B" district. They do not reed an approval. There is rot a mention of drivemthrough restaurants, The board needs an opportunity to define that issue. Mr. Wiggins stated that his clients request that there be a re- hearing. Board Member Thayer stated that the majority of the issues are legal and the board needs are interpretation. The sign: issues were discussed in detail. Board Member Conneman stated ;hat there was sufficient time for anyone to p0 nt evidence. Five hours was spent listening to evidence. Mr. Wiggins stated the iss resolution does not indicate that granting special approval. There addressed, there they should have ues that should have been addressed ;dvere not ;addressed or the they were addressed. The resolution only refers to 3 Items :n are 7 or 8 items that should have been addressed, li they were been included in the resolution. IF PLANNING BOARD PAGE 3 p JUNE. 15, 1999 APPROVED - APPROVED - APPROVED - OCTOBER 19, 1999 - APPROVED - APPROVED - APPROVED Attorney Barney stated that these issues were addressed. They were tallied about extensively. The board understood that they were the issues that should be considered. Mr. Wiggins stated it is required to make the determination within the resolution. Vice Chairpersons Hoffmann stated that she has read through he May 1 �, 1999 minutes. She knows the items that were discussed. She also saw what was included in the resolution. She was disappointed that some items that she had proposed be included in the resolution, were not included. Vice Chairperson Hoffmann l'yEann stated that she has had phone) caly�',. about the de!iniSi1,J %I of a restaurant, She has read theet�d.oning Ordinance and she is conluse�d. She stated that she does not understand what the Zoning Ordinance means. Vice Chairperson Hoffmann would like clarification for this Lase acid future cases. She interpreted the Zoning Ordinance and the statements in the 1992 Planning Board and Torun Board minutes differently than how it has been interpreted and restated in the resolution. Attorney Barney stated this was discussed at the May 185 1999 meeting. He would be happy to discuss it at a different time. A vote was taken and a decision; was made. Vice Chairperson Hoffmann stated that there are many people who do not understand the Zoning Ordinance. Attorney Barney stated that the board has an agenda tonight. 'This matter will be back before the hoard if it is approved by the Zoning Board of Appeals. He is note in a position tonight to male a recommendation to the board. A rem hearing requires a unanimous decision minus one vote. It needs to be discussed when all members are present. A number of issues have been raised with respect to this application. They have caused delays. An investigation was made and a response was made to it u Karen Westmont, 206 Forest Home Drive, stated Cornell University is making a presen Cation on the North Carnp�is plan. Staff has been helpful, The City of Ithaca has seriously questioned Co/ernelll University, The j neighborho�oyd is concerned because raised issue�sy have riot been reviewed. From tale neighborhood's engineer and expert data, it is fait that their data makes the City of Ithaca and Town of Ithaca positions stronger. The changes that are wanted'' do not affect the program that Cornell University wants, House changes are simple.. The engineers find hroor:�y,for them. It also includes saving the Moore � ioi.ise on its own site, The other rl�quest is that there be roads internal to the project. The City of Ithaca will not allow the traffic to be externalized. Ms, Westmont stated that they are also asking for no change in zoning. W ith no other persons to be heard, dice Chairperson Hoff manh closed the PERSONS TO B HEARD at 7:49 p.m. PUBLIC HEARING: Consideration of Final Site Flan Approval for tlhe proposed construction of Phase 11 of the Surrirnerhill Apartments, consisting of 84 apartment units, 117 parking spaces, 11 PLANNING BOARD PAGE 4 JuNB 15, 1999 APPROVED - APPROVED - APPROVED -OCTOBER 19, 1999 - APPROVED - , PPr ROVED% - APPROVED walkways, and landscaping, located on a 6.4 acre parcel on Summerhill Lane, Town of Ithaca Tax Marcel fro. 62- 2°l.I27, MB Multiple Residence District. The project site contains a 0343 ± acre delineated wetland, which will be incorporated into a stormwater retention and drainage system. Ivar Jonson, Owner /Applicant; Lawrence P. Fa bbroni, P.B., L.S., Agent. Larry Fabbroni, 127 Warren Road, stated PrelimiE�ary Approtiyal lef there •�� €th a n� €Erber of issues to perfect. Board Member Thayer stated that he is an employee of Thayer Appliance. Ivar Jonson is a good customer of Thayer Appliance. He will not be able to vote on this matter. There is not a quorum for a vote. Mr. Kanter stated that the board could Dear the resentati,n and hold the public hearing The p p 9 decision could then be tabled until the next meeting. /ice Chairperso n Hoffmann stated that the other members would not be pr eser3t to hear the presentation. Attorney Barney stated that the board needs to act within a specified period of time after the public hearing. Does the applicant have any objection to delaying the,Final Site Plan approval? Mr. Fabbroni responded no. Mr. Kanter stated that there might not be a July 6 meeting. Then it would be July 20. There are no agenda items for the July G meeting. Vice Chairperson Hoffmann stated that in the past, the Planning Board has he'd general discussions. There has not been time to do that recently. Board Member Ainslie asked when Burger King would be before the board again_ Mr. Kanter stated passed there, the Burger Attorney Barney s date if it were authorized. that they would Ding Natter will tateo that the t Mr. Kanter will come before the came back to the roard could autho notify the board i; Zoning Board of Appeals July 94. If it is Planning Board after that date. , ize this itel'm to be adjourned to a future there will be a quorurn on July 6, PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding enactment of a Local Lana Amending and Restating Local Law No. 6 of the Year 1399 to Include a Moratorium for a Period of Kline Months Regarding the Establishment of Any New Commercial Businesses in the Town of Ithaca Utilizing ire. Excess 'of 7,500 Square Feet. I Attorney Barney stated the moratorium is currently in pi ce related to drivemthro.rgh businesses. When the Town Board considered 'that moratorium, there was a concern as to the PLANNING BOARD PAGE 5 JUNE 15, 1999 APPROVED-APPROVED -APPROVED - OCTOBER 19, 1999 - APPPiOVED - 4r`>F- =COVED - APPROI $C-D possibility of larger commercial businesses being establ €shed. Therei were also concerns as to where they should be located. The Town Board adopted the drive - through moratorium and asked that a local law be drafted that would include larger commercial establishments and gas stations. This is are affort to respond to the Town; Board`s request. The law also states th variance provision was added they would not be able to get was added that stated this Ordinance, at applications already submitted to the Town are not included. A to allow a variance to be obtained, The applicant has to prove that a reasonable return on their property 'without a variance. A provision local law tapes precedence over the State Law or Town Zoning The Planning Beard 1,ok a brrei recess from 8:15 p.m. 1.0 8:19 m.. to read the Loca► Law. Board member Ainslie asked for an example of a business that is 7500 square feet. Mi. Kanter stated the Citgo Station is about 2,000 square feet. The Burger King proposal is about 2,800 square feet. The CFCU is around 4,000 square feet. The Rite Aid at East Hill Plaza is 7,000 square feet. feet. Vice Chairperson Hoffmann stated that if CFCU had two floorsq it would be about 7,500 square Vice Chairperson Hoffmann opened the public hearing at 8:20 p.m. Ruth ltlahr, 103 Judd Falls Road, stated that she would support a moratorium on all commercial development until the new Zoning Ordinance is brought into conformity with the Comprehensive Plan. She would like a recommendation to the Town Board that the moratoriurn include all commercial development. There are establishments less than 7,500 square feet that would not be appropriate uses at the East Hill Commercial district. Susan Shefter, 145 Pine Tree Road, stated that she supports the moratorium because it is evident that the ,Zoning ordinance needs to be looked at. Development should not take place until business zones are looked at and re- established. Karen Westmont, 206 Forest Home Drive, stated the R -30 zone alloidvs a hospital next to a farm. Her general concern is that the Town is having development in ways that now the taxpayers have to subsidize. They have neighborhood impacts that need to be "examined. These are impacts that have not been anticipated. The R=30 zone allows uses that this moratorium does rot include. Mice Chairperson Hoffmann stated large businesses are the problem. Board Member Thayer stated it should be made clear that a 3;000 square foot McDonalds is included in the moratorium:. There are several businesses that are less than 7,500 square feet. PLANNING BOARD PAGE 6 1 JUNE 1511999 APPROVED - APPROVED - APPROVED -OCTOBER 19j 1,999 - APPROVED - Ar` PF ':?D}JE'r - APPROVED Attorney Barney stated that the Town Board is concerned with "Big Box' stores. Seventy °five hundred square feet was chosen because it is the cut-oft point in the proposed ordinance. If a moratorium is put on all commercial development, it could prevent someone from remodeling his or her stor e. it could also prevent an existing business within a building from changing to another business. The purpose is to stop large -scale development from coming in before it can be analyzed. Vice Chairperson Hoffmann stated that a moratorium is not stopping business. It is delaying the business. Board Member Conneman asked if the gas station at East Mill Plaza could in clude a MCDonalds within their establishment. George Frantz, Assistant Town Planner, stated that the lot is too small. Board Member Ainslie stated that there should be an establishment available for employees of East Mill Plaza to go and eat. Vice Chairperson Hoffmann stated that there are places available at East Hill Plaza where people can eat. She is worried that the bowling lanes have been sold to a drug store or grocery store. She does not know if the moratorium would include changes of that type. Attorney Barney stated that any business that exceeds the size of 7,500 square feet is I ncluded. y, Beverly Livesay, 147 Snyder Hill Road, asked the variance !'procedure would help with the rehabilitation of an existing space. Would they be .a3.Jl to obtain a variance? Attorney Barney stated that it would not be possible with the way the moratorium is drafted. Ms. Uvesay asked if the moratorium addresses no near construction and allows rehabilitation of existing spaces and not allowing the expansion of those spaces. This would accomplish a legitimate concern?. The question has been raised that no one complained about he drive4hro :gh bank. There was not an issue with drive - through banks because they' are clearly allowed with specia approval in the Zoning {ordinance. Ms. Lives4 stated that she is amazed at the expected. It is out of scale with the shopping center, no new construction. size of the CI=CU. It is much larger than She would like to see the moratorium ;nc:u(.,e Mr. Frantz stated that the Town Board would also be holding a public hearing on the moratorium. Attorney Barney stated that the IabPil was drafted in amanner t�sk�i 3i the Town Board. PLANNING BOARD PAGE 7 JUNE 15, 1999 APPRO tCED -APPROVED -APPROVED -OCTOBER 19, 1999 - APPPPiOV ,D - APPROVED - APPROtLFD Board Member Thayer asked ghat would happier H a building larger than 7,500 square feet is sold and it is subdivided into 2,500 scivare foot stores. Attorney Barney stated that if there are two different establishments it could occur. The Town Board is concerned with something happening with the bowling alley piroperty. Mr. Frantz stated that staff looked at all the property in the East Hill Plaza area. There are no {empty parcels available, anything that will be happening will occur in an existing building or an existing building will be demolished. Then a 20.000 square foot building could be constructed with 4,000 square foot retail establishments. Board Member Thayer asked if that should be addressed in the moratorium. If the intent is to stop the large shell, then this should be included. Attorney Barney stated that the Town Board does riot want to stop the occupancy of the empty stores. Vice Chairperson Hoffmann stated that there are a number of srmall businesses in the bowling alley establishment. These areas are appropriate for a small shopping center. They are more appropriate than one huge store. It would not be right to discourage the creation of small businesses that are services to the neighborhood. It is also a matter of how it is built if the existing building is torn down. Board Member Ainslie asked what happens at the end of nine "months. Attorney Barney stated that there should be a new Zoning Ordinance. Mr . Kanter stated the amendment to the Zoning Ordinance has been going on for a couple of years. -Specific issues and map changes will be looked at. Board Member Thayer stated that the moratorium could always be extended. Vice Chairperson Hoffmann stated that the last paragraph on page 3 talks about applications that have already started the application process. are there other applications than Burger King? Mr. Kanter stated that Burger King is the only application. Vice Chairperson Hoffmann closed the public hearing at 0:48 p.m. Mice Chairperson Hoffmann asked how they could include the of existing spaces, Attorney Barney stated that if they are less than 7,500 satuare fleet they could be remodeled. If a new business is not being established then it could be remodeled. PLANNING BOARD PAGE 8 AP OROILED - A PPr4O V LD - ,' PMOVED - OCTOBER 19# MOTIONED by Lawrence Thayer, seconded byJa.nres Ainslie. 1. The Torn Board has enacted on May 17. 1399 "Local Law r'i'd. 6 of the Year 1.099 Providing for a ,Vioratoriurr; Regarding the Establishment of Drive -thi mugh Businesses for a Period of Nine M®rnths'j excluding those applications for such businesses which are currently pending before the Torn of Ithaca; and 9, The Torn Board has proposed amending saki moratL rium to include all commerc ►a . uses over 7...500 square feet and new gas stations, through Amending proposed "Local Law Anding an Restating Local Law ,fro. 6 of the Year 1999 to Include a Mbratoriu-m for a Period of Nine ir klonths Regarding the Establishment of Any New Gas Stations or Any New Commercial Busin.asses in Excess of 7,500 Square beet ; and 3. Said proposed local later would establish interim re ` ulations pI rohibiting the establishment of at new commercial use over 7,500 square feet and any new gas stations for a period of nine months, in order 10 provide a 'reasonable period of time for the Torn Board to consider alternative regulations regarding the establishment of such Lees °"414hin, the Town of Ithaca. and _ _ll 4. The Totitin Board has referred said proposed local kaW to trig 1 olvv'n or Ithaca Planning Board for their re^olnmep dati ,n; and 5. The Planning Board, at a Public Nearing held on June 15, 11999, has reviewed the above - referenced local iav4l NOW, THEREFORE, BE IT RESOLVED. 1. That the TL vvn of Ithaca Planning Board, purSuant to Article XIV, Section iu of the Town of Ithaca Zoning Ordinance, hereby finds that: a. Tl3urw is a need for t.3e proposed local law providing for a moratorium Toor the establishment of all commercial uses over 7500 square feet and all new gas stations for a period oT nine months; and b. The existing and probable future character of the Torn Will riot' be adversely affected by said moratorium, and C, The proposed local law is In accoraance with a coma -re Ihensive plan of development of ng the Totten; and will allow the Town Board to examine I� ltemative means of regula'i.. such uses v ithin a reasonable period of time, and l BE IT FURTHER RESOL VED; JUNE t'5, 1=999 7999 -, raP�PRO tVEO - Atr`'PJR0VED - APMOVZED MOTIONED by Lawrence Thayer, seconded byJa.nres Ainslie. 1. The Torn Board has enacted on May 17. 1399 "Local Law r'i'd. 6 of the Year 1.099 Providing for a ,Vioratoriurr; Regarding the Establishment of Drive -thi mugh Businesses for a Period of Nine M®rnths'j excluding those applications for such businesses which are currently pending before the Torn of Ithaca; and 9, The Torn Board has proposed amending saki moratL rium to include all commerc ►a . uses over 7...500 square feet and new gas stations, through Amending proposed "Local Law Anding an Restating Local Law ,fro. 6 of the Year 1999 to Include a Mbratoriu-m for a Period of Nine ir klonths Regarding the Establishment of Any New Gas Stations or Any New Commercial Busin.asses in Excess of 7,500 Square beet ; and 3. Said proposed local later would establish interim re ` ulations pI rohibiting the establishment of at new commercial use over 7,500 square feet and any new gas stations for a period of nine months, in order 10 provide a 'reasonable period of time for the Torn Board to consider alternative regulations regarding the establishment of such Lees °"414hin, the Town of Ithaca. and _ _ll 4. The Totitin Board has referred said proposed local kaW to trig 1 olvv'n or Ithaca Planning Board for their re^olnmep dati ,n; and 5. The Planning Board, at a Public Nearing held on June 15, 11999, has reviewed the above - referenced local iav4l NOW, THEREFORE, BE IT RESOLVED. 1. That the TL vvn of Ithaca Planning Board, purSuant to Article XIV, Section iu of the Town of Ithaca Zoning Ordinance, hereby finds that: a. Tl3urw is a need for t.3e proposed local law providing for a moratorium Toor the establishment of all commercial uses over 7500 square feet and all new gas stations for a period oT nine months; and b. The existing and probable future character of the Torn Will riot' be adversely affected by said moratorium, and C, The proposed local law is In accoraance with a coma -re Ihensive plan of development of ng the Totten; and will allow the Town Board to examine I� ltemative means of regula'i.. such uses v ithin a reasonable period of time, and l BE IT FURTHER RESOL VED; PLANNING BOARD PAGE 9 JUN" 153 1999 APPROVED -APPROVED - APPROIJED -OCTOBER 19, 1999 - APPPi VcD - APPROVED - APPROVED 1 That the Town of Ithaca Planning Board hereby.' recommends, I -,car the Town o o Ithaca Town Board enact the proposed "Local Law Amending and Restating Local' Law ,No. 6 of the Year 199.9 to Include a Moratorium for a Period of !dine Months Regarding the Establishment of Any New Gas Stations or Any .New CQrl mercial Businesses in Exoe,ss of l 090 Square Peet" AYES= Hoffman. Ainslie, Conneman, Thayer NAYS - None. The MOTION was declared to be carriec'. AGENDA ITEM: Discussion and update regarding Cornell University's proposed North Campus Residential Initiative, Cornell University, Owner /Applica€nt; Kathryn Wolf, Trowbridge and Wolf, Landscape Architects, Agent. Kathryn Wolf, Trowbridge and Wolf, stated that they wanted to' update the Planning Board on a number of new developments. The area with the green background] is the previously submitted site plan. Throughout the DRAFT ENVIRONMENTAL IMPACT STATEMENT process, they have heard a number of concerns by the community and the Town of Ithaca Planning Board and the City of Ithaca Planning Beard. Those concerns are related to traffic and the Moore douse, The University is pursuing mitigation measures that address the concerns that they have been hearing. In general, people are alI right with the project, There is concern about how people arrive bit the campus, They feel the University should be doing a better job of directing traffic from Pleasant Grove Road to Thurston Avenue and Central Campus, There has been interest in fornalzing an entrance to the campus from the north. It is not possible for Cornell University to do something along Pleasant Grove Road alone. It is a County Read, The A -Lot is in the Village of Cayuga Heights to the north, the City of Ithaca to the south and the Town of Ithaca to the east. In order to come to an understanding of a, preferred direction, a meeting was held between the Cornell University staff, Town of Ithaca, City of Ithaca, Village of Cayuga Heights, Fernando de Argon from the Metropolitan Planning Association, and Ward Hungerf ord. Cornell University staff jlmembers presented a number of proposals. There was an agreement at that meeting. Ms. Wolf explained that there is a concern about getting traffic from Pleasant Grove Road to Thurston Avenue. This is to discourage traffic from doing through Forest, Home. in order to do that a more formalized entrance needs to be established. The University' feels that the new formalized entrance should not be the new proposed access drive through the site. This is an intensive pedestnan zone. It €s felt that directing all traffic thaw, Is coming) to campus through there is inappropilate. This creates a situation that the University would not be interested in pursuing. It also is not the best location to have an entrance. The entrance should be further to the north where visitors can have a sense of arrival : on campus. If traffic(]is b`oug{t�€'�t( C1'[{��r�a`jn�� Pleasant �,�. ri3ve Road and into f telen Newman there is not the opportunity to capture the per €meter :ot PLANNING BOARD PAGE 10 JUNE 1Q, 1593 APP OVED — APPROVED — APPROVED — OCTOBE=R 19, 1.999 — APt` Pol vED APPr?0VED be APPROVED The new access drive will be reconfigured so that the majority !'of the traffic will continue on towards central campus, Pleasant Grove Road will be traffic ca #il They do not know whale the ,elements of that would be. It might include 4 -way stops at George Jessup and Pleasant Grove Read. It is anticipated that this will not be a Lard right -hard turn. This will create the feeling of arriving on campus. It will also influence people to use the A -Lot. Another com' onent is % look at Dearborn Place. The signage currently directs people down Pleasant Grove Road. They are not proposing to increase traffic to that location. Additional cars will not be directed to that location, The proposal is to take the traffic that is currently on Pleasant Grove Road and get them away from traveling through Forest Horn e. By doing that, people are being brt�ught out onto Triphammer Road. Some f the options are to make Dearborn Place one -way in the other direction. It'll may be closed off altogether. The new entrance drive includes a new roadill a formalized entrance; traffic calmed Pleasant Grove Road, and taking a look at Dearborn: Place. This will not be thelmain entrance to the campus. Everyone acknowledges that this is a high pedestrian traffic zone. Board Member Ainslie asked if parking spaces would be removed. Ms. Wolf responded that it has not been designed. The parking may not change. University staff reeds to tape this proposal to the administrators for their approval. They are developing a preliminary concept and cost estimates. The intenf #on is to Medicate a budget to it. Board Member Thayer stated that he is in favor of slowing traffic down on Pleasant Grove Road. He is concerned about the traffic being introduced to Triphammer Road. Ms. ililTolf stated that the University is offering to contribute $40,000 to move the Douse. The University owns a parcel of land in Forest Home. There have been conversations w'th Town staff to determine the house could be located on the site. It works with the parcel. The moving contractor has determined that it is feasible to move the house to that site. The University is offering to provide this parcel at no cost. Board Member Thayer asked what is the cost of moving the house, Ms. Wolf stated that it is estimated to be $40,000. Board Member Thayer asked if any thought has been given to leaving the house or site and charging the position of the fields. Ms. Wolf, stated that there is a large retaining wall rear the field and parking area. This is not a practical solution. The best solution is to have the Moore House be asingle- family residence on a single- family lot. The University has explored a range of options for the Douse. The house does not fit their program goals. The best use for the house will be to preserve' it in a residential use. Board Member Ainslie asked if the house would be rented or sold. Ms. Wolff stated that negotiations are underway with Historic Ithaca. The University would' donate the mouse and the lot to Historic Ithaca, Cornell University would ;gay for the moving of the house. Historic Ithaca would be in PLANNING BOARD PAGE 11 JUNE 15, 1999 APPROVED - APPROVED -APPROVED - OCTOBER 19, 1999 - AHr''HUVCN 1i - Ar' P.ROVED - nPP€ OICF -D 1 the position to self the house and have a profit. They could then place the appropriate restrictive covenant on the house to erasure that the house be preserved, If for some reason it w:II not work out, there the University will find other options. Board Member Ainslie asked if internal work Would need to be clone. lbs. Wolf stated that it was updated in the 1930s, Vice Chairperson Hoffmann stated that she is disapp6nted that there are not better solutions -for keeping the Moore House on site. 4sities board member Cor=neman sated tha there area Gt cif Univ that manage to maintain the homes around the University. Duke manages to maintain houses in neighborhoods even though they have programs in them. Cornell University has nut done that. I' Ms. Wolf stated that there needs to be a University Program that works in the facility. Having the house 9n Forest Horne does keep it in the neighborhood. It does Veep :t in !ta historic coot,. Vice Chairperson Hoffmann asked where the site is located. Joni Carroll, Pro;ect Manager, stated it is located between the ° ownstream bridge and Warren Road, Site. Karen Westmont, 206 Forest House Drive, stated that there is Na road right -of -gray through the Daniel Walker, Torn Engineer, stated it would be Close tolJthe road and it might need a variance. Mr. Frantz stated that the lot is much wider than it looks. Mr. Walker stated that the sewer right -of -way could be offset. Mr. Frantz staled tort the lot is quite deep, The house could II��it on he S te, It �g�li: be outs de the hundred -year flood plaice. There is room on the lot within the setbacks, but it may be appropriate to put the house within the front yard setback in order to maintain the current fabric of Forest Hone and move it away from the creek. Ruth Mahr, 103 Judd Falls Road, stated that it would be a good idea to come to the Forest Horne Improvement Association because they may not agree with 1, the sol;Ution. There is c,.. rent landscaping around the Moore House that would be cut down if the Wom House were moved, Ms. Wolf stated that the intend to come back with a. more detailed plan. y p PLANNING BOARD FADE 12 ;j JUNE 134 1999 APPROVED - APPROVED - APPROVED - OCTOBER 1 .0, 1999 - APPROVED - fir` PROVED - APPROVED Ms. Wesimont stated that there are 3 departments cn campus that would have liked to use the Moore House. All the empty lots in Forest Home are owned by Cornell university, so there are other sites available. They have an alliance with the Cornell Heights neighborhood. It has been agreed #hat the problems of Forest Home should not be solved at the expense of the other neighborhood. Cornell university's own data shows that the pedestrian traffic court will be no worse than other roads or campus and will be less than most roads on campus. Daycare would like to have the Moore House, The Plantations would like to have the house also. They wanted to find a use that would not require the upgrading of the Moore House to a cornr�ercial status, AGENDA ITEM. OTHER BUSINESS: Mr. Kanter stated that there would be a public information meeting on Wednesday, June 33 sponsored by Codes and Ordinances or South Hill. There are 3 areas on South Mill being proposed for Conservation Zoning, Ms. Ritter put together a brochure explaining how the Conservation Zone mlorks and where they will be zoned. This will be seat out to land lwners in the surrounding area. Depending upon the public Information meeting, this may go to the Town Board at their July meeting lo consider referring it to the Planning Board for a recommendation. Mr. Kanter stated that Sumrnerhill Apartments wou be on `,he duly 6 agenda. Tl e board members may want to think about other items of discussion. Attorney arney stated that the might wart to discuss site plan approval and s ecia y y p approvals. Board Member Ainslie stated that they are concerned about the statements made by Attorney Wiggins. He made statements that were incorrect. Attorney Barney stated that he has not had the time to investigate the case. Board Member Conneman stated that he did clot prese-jt anything of substance. The board discussed all items in detail. Mr. Kanter stated that he m'nentioned the filing not being don Ie on time, but that reeds to be discussed out of public session. The second item was that there was no application for special approval on file. That is a separate application to the Building and Zoning department. They handled the application separately. Board Member Ainslie stated that there is a lot of talk about sL g. Vice Chairperson Hoffmann stated that it is an expression of how upset people are. II Board Member Ainslie asked if there are two classifications in zoning. Attorney Barney stated that there are 01 classifications. PLANNING BOARD PAGE 13 Board Member Ainslie stated that he had a phone call saying tl has to be acceptable to neighborhood zoning. Attorney Barney stated that the Comprehensive, Plan ma Commercial zones as opposed to regional. The current Zoning Ordir 'W. The uses are r"lore literal. 'iai1y pone =.e have said that the To' Lake Source Cooling. They sued the Town. So far 7 judges agrE People said that the Town was doing things wrong with the Linderm:. nave agreed with the Town. To date, the Town has provided a p discussions and to make their points. The Planning Beard made sustainable. if the decision were to decide the other way, it would be Board Member Ainslie stated that there is a rrrember of the against the Burger King. Attorney Berney stated that he would abstain. It does not ma votes one way or the other, if it is a 2 -2 decision then it does not pa:. Vice Chairperson Hoffmann stated that many people are has changed, This was to be a small neighborhood shopping JUNE 15, 199 - Ott" PF?0VED - ARroR01%E0 the classification at East Hili le reference to neighborhood ,hce talks about A, B. C. D, and in was doing things wrong with with what the Town decided. n Creek pro,ec,. Seven iuoges 1cess for people to make their decision and he believes it is usta.nable. n ng Board of who is it easier. There heeds to be 3 because the shopping area It was changed in various stages. it is now zoned to allow anything commercial. II �h Mr. Kanter stated that the Codes and Ordinances Commit' "tee is trying to come up with definitions. People will be surprised when they see the range of what typical neighborhood shopping centers are. Vice Chairperson Hoffmann stated that the board could discuss this at the July 6 meet ITEM: ADJOURNMENT: Upon MOTION, Chairperson Wilcox declared the June 16, 1 1999; Meeting of Town o Ithaca Planning Board duly adjourned at 19:00 p.m. Prepared by: Carrie L. Coates, Keyboard Specialist/Minutes Recorder Mary' Bryant. PLANNING BOARD PAGE 14 JUNE 10", 199 APPRMLED - APPROVED - APPROICED -O TOBEf? 19, 1999 - fi PrIl tILD - APP-RD1/ECj - ARPROVED Administrative Secretary for the Town of Ithaca Planning Board. TOWN OF ITHACA PLANNING BOARD 126 East Seneca Street r- . Ithaca. New York 14850 Tuesday, June 15. 1999 AGENDA 7:30 P.M. Persons to be heard. 7:35 P.M. PUBLIC HEARING: Consideration of Final Site Plan Approval for the proposed construction of Phase II of the Summerhill Apartments, consisting of 84 apartment units, 117 parking spaces, walkways, and landscaping, located on a 6.4+/-acre parcel on Summerhill Lane.Town of Ithaca Tax Parcel No. 62-2-1.127,MR Multiple Residence District. The project site contains a 0.343 +/- acre delineated wetland,which will be incorporated into a stonnwater retention and drainage system. Ivar Jonson, Owner/Applicant; Lawrence P. Fabbroni,P.E., L.S., Agent. 8:00 P.M. PUBLIC HEARING: Consideration of a Recommendation to the Town Board regarding enactment of a Local Law Amending and Restating Local Law No. 6 of the Year 1999 to Include a Moratorium for a Period of Nine Months Regarding the Establishment of Any New Commercial Businesses in the Town of Ithaca Utilizing in Excess of 7,500 Square Feet. 8:20 P.M. Discussion and update regarding Cornell University's proposed North Campus Residential Initiative. Cornell University, Owner/Applicant;Kathryn Wolf,Trowbridge and Wolf,Landscape r Architects, Agent. L1 5. Approval of Minutes: (None available at time of mailout). 6. Other Business. 7. Adjournment. Jonathan Kanter,AICP Director of Planning 273-1747 NOTE:IF ANY MEMBER OF THE PLANNING,BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY MARY BRYANT AT 273-1747. (A quorum of four(4)members is necessary to conduct Planning Board business.) s TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS Tuesday June 15 1999 By direction of the Chairperson 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, June 15, 1999, at 126 East Seneca Street, Ithaca; N.Y. , at the following times and on the following matters : 7 :35 P.M. Consideration of Final Site Plan Approval for the proposed construction of Phase II of the Summerhill Apartments, consisting of 84 apartment units, 117 parking spaces, walkways , and landscaping, located on a 6 . 4 +/- acre parcel on Summerhill Lane, Town of Ithaca Tax Parcel No. 62-2-1 . 127 , MR Multiple Residence District . The project site contains a 0 . 343 +/- acre delineated wetland, which will be incorporated into a stormwater retention and drainage system. Ivar Jonson, Owner/Applicant; Lawrence P. Fabbroni, P.E. , L. S . , Agent . 8 : 00 P.M. Consideration of a Recommendation to the Town Board regarding enactment of a Local Law Amending and Restating Local Law No. 6 of the Year 1999 to Include a Moratorium for a Period of Nine Months Regarding the Establishment of Any New Commercial Businesses in the Town of Ithaca Utilizing in Excess of 7 , 500 Square Feet . Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual impairments, hearing impairments or other special needs, will be provided with assistance as necessary, upon request. Persons desiring assistance must make such a request not less than 48 hours prior to the time of the public hearings. Jonathan Kanter, AICP Director of Planning 273-1747 Dated: Monday, June 7, 1999 Publish: Wednesday, June 9, 1999 x TOWN OF ITHACA PLANNING BOARD ATTENDANCE SHEET Date PLEASE PRINT YOUR NAME ADDRESS OR AFFILIATE (Please PRINT to ensure Accuracy in Official Minutes ) P i`,-Y46hkoN1 &JlgkgkV Z-V4<�i/Y.Y e L V- im GU dUVIA covv ro(I M C�yo eat Uw Nt 91r f L4 4_ L-Lt� g&r- 14-C ed Kk,�7WE ,,J Gz-'or-Z- 6661 '6 aunt 47L t-£LL u!uuuld jD J04WJ!Q 8D y 'iayuD)l uo44ouOf s uuoayy �tlgndd 844 jo ow!1 84104 aoiad sar'04 gp uoy4 ssaj IOU ysanbal o 43ns aglow 4snw a3uD4 50 Bu!lisap suosiad Isanbal uodn 'X1DSs039D sD a3uo45' 411m pap!aold eg II!m 'speau lo�3ads Bayo to sluaw!Ddw! 6uuoe4 'sWaw 1podw!lDnsin qpm slDnp!n!Pul uosjad u! to 4ua D Aq loaddo low suosaad gala4y suo!43elgo to sla44Dw 43M jo tioddns u!suoslad IlD ib" o3old p!cs puo saw!4 p!os 10 II'm P'oO9 6u!uuDld PPS d alon6S OoS'L jo ssa3x3 u.l u!z!l!tn -o4tl jo umol Ay u!sassau!sng IDplawwoD ma Auy jD 4uewgs!lgDys� 041 u!PloBay s44uOW au!N jo po!lad u loj wn!,OtDloyy D apnPul 04 6661 1Da�a4y jo 9 •oly MDJ IDD 01 us404sq pun u!puawy moi ID3ol D jo 4uaw -43oua u!P1D6a1 PJDug nmol 044 04 uopopuawwo3aa D 10 uofyDlapisua)•W'd 00-$ tue8v ,.S.1 Ad '!uo199oj -d 03uaSmD1 tuD3!lddy /la 'uosuot lDn! 'wat -s,(s e6owo,p PUD uo!yuayal Jalomwloys D 04u1 POyDlod 1o3u!a9 II!m g3!4m Ipuoj4am pe4odugap a13D-/+ EV E'0 D suiotuo3 ay!s 43eiold 841-43!4 -si4 a3uap!se� ald!4lnW 4W L61'i'Z'L9 'ON I83J0d xol DA0441 jo um){ Off 11!4aaw -wnS uo laolod a13o-/+ Iry o uo pe4o3ol '6u!do3spuo) ppuo 'sADmjjDm 'sa3Dds Bunllod L l 1 's4;un 4uaw41odo erg jo 6u!4s!su02 'sjuawoj-dv II!4'awwnS 944 jo I 8so4d jo uo!;onitsuo3 pasO OA alt) loj lonolddy uDld at!S lou!4 jo uoyDlaP!suo].W d S£-t :vatyDw 6upmolloj 841 uo puo s8w4 6u!molloj a4y 40­KN 'o3o4q '4804$ o3auaS 4503 9l t 10 6661 'S l aunt'/Dpsanj uo DDDy11 jo umo a4;jo ploog IutuuDld ay 9 PIa4 99 II!m t!loaj_{ 3ggnd joy N3AIJ gu"3H SI 3DUON 'PI" !uuOld 844 jo uosl J!-;p eq4 jo uoRt3a1!p g 3156L 'SL aunt'Aopsom semav3H Dnor d JO 33110H aaV0Q 9NINNVId V3VH11dO NIWO1 6661 '6 aunt 'AepsaupaAA leuanor eoey11 aqi t f TOWN OF ITHACA AFFADAVIT OF POSTING AND PUBLICATION I, Sandra Polce being duly sworn, depose and say that I am a Senior Typist for the Town of Ithaca, Tompkins County, New York; that the following Notice has been duly posted on the sign board of the Town of Ithaca and that said Notice has been duly published in the local newspaper, The Ithaca Journal. Notice of Public Hearings to be held by the Town of Ithaca PIanning Board in the Town of Ithaca Town Hall, 126 East Seneca Street, Ithaca, New York, on Tuesday, June 15, 1999 commencing at 7:30 P.M., as per attached., Location of Sign Board used for Posting: Bulletin Board, Front & Entrance of Town Hall. Date of Posting : June 8, 1999 Date of Publication: June 9, 1999 Sandra Polce, Senior Typist Town of Ithaca. STATE OF NEW YORK) SS: COUNTY OF TOMPKINS) Sworn to and subscribed before me this 9th day of June 1999. Notary Public j0W ISR NDTE9= NO=MAY N M REG.H0.49vW MY COMMISSION EXPM MARM 80;W-&LQ