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HomeMy WebLinkAboutZBA Minutes 1995-09-13 OFlp _ _ _ a TOWN OF ITHACA 1VNIJ ,�� Zi o4� 126 EAST SENEGA STREET , ITHACA , N . Y . 14850 i TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273- 1704 THE TOWN OF ITHACA ZONING BOARD OF APPEALS PUBLIC HEARING FOR WEDNESDAY , SEPTEMBER 13 , 1995 HAS BEEN CANCELLED , THE NEXT MEETING WILL BE ON SEPTEMBER 271 1995 . Datede September 60 1995 Published ° September 8 , 1995 FINAL • TCWN Or, ITHACA ZONING BOA1M OF APPEALS NOTICE OF ^L'BLIC IIEIS=G'S TIEDNESDLY , SEPT MEn 27 , 1995 7 : 00 P . "4 . By direction of the C?�.aiz man of the Zoning Board of Appeals NOTICE IS HEREBY' CIVE17 that Public 'Hearings will be held by the Zoning Board of Appeals of the Tocm of Ithaca on t .'ednesda; , Septeri�ber 27 , 1995 , ir. Tara Fall , 126 vast Sen eca Street , ( 1'I'1ST Floor , i3El;'2 Entrance , t°TEST Side ) , Ithaca , N . Y . , COMMENCING AT 7 : 00 P . M . , on the following matterso APPEAL of nussell Poyer , Appellant , requesting a variance from, the requirements of Article IV , Section 14 of the Tovm of Ithaca Zoning Ordinance , to be permitted to maintain a recently constructed single -- f=ily dwelling with a south side lot line building sctback of 10 . 5 ' ( 15 ' setback required ) at 51C East Shore Drive , Toum of Ithaca Tax Parcel No . 16 - 1 - 14 , Residence DistZict R- 15 . APPEAL of The Catholic Cemetery Association , Appellant/Oo-= r , Doug Gillogly , Agent , requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 70 of the Toof It-- a= o Zing Ordinance , to allow the proposed deposit of fill material in excess of 2 , 500 cubic yards at 631 Five Mile Drive , Toon of Ithaca Tax Parcel No . 31 -• 2 - 26 . 2 , Residence District 11- 30 . APPEAL of Cornell University , Appellant /Oomer , Scott Whitham , Agent , requesting a special approval from the Zoning Board of Appeals ander Article XIII , Section 70 of the Zoning Ordinance , to alloy t"e proposed deposit of 15 , 25e _ cubic yards of fill material on portions f Tour:. of Ithaca Tan Parcel 270 . 6 &11 - 1 - 1 and 64 - 1 - 2 , in Cornell ' s Precinct 7 locat:: d off New York State Route 366 and Game Farm Road , Residence District R- 30 , Said Zoning Board of Appeals will at said time , 7 : 00 p . m . , and said place , hear all person; in support of such matters or objections thereto . Persons may appear by agent or in p:. rscn . Individuals w th visual or hearing impairments or other special reeds , as appropriate , will be provided with assistance , as necessary , upon request . Persons desiring acsist=ce mast make such a request not less than 48 hours prior to the time of the public hearing . Andrew S . Frost Building Inspector/ Zoning Enforcement Officer 273-- 1783 Dateds September 19 , 1995 Publish : September 22 , 1995 • TOWN OF ITHACA FILED FINPI ZONING BOARD OF APPEALS TOWN Od ITHACA WEDNESDAY , SEPTEMBER 27 , 1995 bit . 11 • derkLIKNod-rnc& The following appeals were heard by the Board on September 27 , 19 10 APPEAL of Russell Poyer , Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a recently constructed single - family dwelling with a south side lot line building setback of 10 . 5 ' ( 15 ' setback required ) at 518 East Shore Drive , Town of Ithaca Tax Parcel No . 16 - 1 - 14 , Residence District R- 15 , GRANTED . APPEAL of The Catholic Cemetery Association , Appellant/Owner , Doug Gillogly , Agent , requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 70 of the Town of Ithaca Zoning Ordinance , to allow the proposed deposit of fill material in excess of 2 , 500 cubic yards at 631 Five Mile Drive , Town of Ithaca Tax Parcel No . 31 - 2 - 26 . 2 , Residence District R- 30 , GRANTED WITH CONDITIONS . APPEAL of Cornell University , Appellant/Owner , Scott Whitham , Agent , requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 70 of the Zoning Ordinance , to allow the proposed deposit of 15 , 250 + cubic yards of fill material on portions of Town of Ithaca Tax Parcel No . 64 - 1 - 1 and 64- 1 - 2 , in Cornell ' s Precinct 7 located off New York State Route 366 and Game Farm Road , Residence District R- 30 . • GRANTED WITH A CONDITION . • TOWN OF ITHACA SOWN OF ITHACA ZONING BOARD OF APPEALS 11 1151 q_57 SEPTEMER 27 , 1995 aper gQ Hi2l' OA • PRESENT : Chairman Edward Austen , Harry Ellsworth , David Stotz , Town Attorney John C . Barney , Director of Building and Zoning Andrew Frost , Planner II JoAnn Cornish , Town Engineer Dan Walker . OTHERS : Michael Hovanec , Mrs . Shirley Poyer , Douglas Gillogly , Jr . , Scott Whitham . Chairman Edward Austen called the meeting to order at 7e10 PM , stating that all posting , publication and notification of the public hearings had been completed and the same were in order . The first appeal to be heard by the Board was as follows * Appeal of Russell Poyer, Appellant , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a recently constructed single- family dwelling with a south side lot line building setback of 10 . 5 ' ( 15 ' setback required ) at 518 East Shore Drive , Town of Ithaca Tax Parcel No . 16- 1- 14 , Residence District R- 15 . Mr . Frost reminded the Board that this appellant was before the Board several months ago to get a variance to put the house here in the first place . One of the conditions of the variance was that a survey be obtained after the house was sited . They got the survey and discovered there was an error in the placement of the building . • Chairman Austen questioned why this happened . Mr . Hovanec answered that they located the house based on where they thought the boundary lines were . There hadn ' t been a survey done in quite some time . In fact , they had Erik Whitney down with a map of the pump station and so forth . His map showed that six feet off the pump station was , in fact , the lateral that came off the edge of the right-of-way . So , they assumed that it was the boundary line , that the lateral would go into the property line from a sewer line . There was a sign post and a telephone pole - - they generally set telephone poles on boundary lines . So , when they sighted through there and strung a string down to the pipe on the rear curb , which says 109 . 5 , they were calculating about 16 ' off the line . That ' s why they angled the house at that time . Basically , it was an assumption that they went on based on Russ Poyer and Erik Whitney ' s map . Mr . Frost added that Erik Whitney is the Assistant Town Engineer who deals with water and sewer . Mr . Hovanec continued by saying that they even angled the house so they would be able to accommodate the originally agreed upon 15 ' . In doing some research , they found that it is the first house inside the Town from the City . Although it doesn ' t make any difference as far as the Town law is concerned , the City only requires a 5 ' side yard setback in that area just on the other side of the boundary line . Of course , the State Code requires a 5 ' side yard setback . He believes Russ is requesting that the Board entertain the 10 ' setback to the 11 . 5 ' setback there as being comfortable , especially since the City owns the portion of land , the 50 ' right-of-way that will never be built • upon . The City School District owns the other side of the right- of-way . He has good neighbors that will never complain . It was a miscalculation and circumstances were such that Mr . Poyer couldn ' t afford to have it sited by an engineer and they thought they were within the comfort zone . Town of Ithaca 2 Zoning Board of Appeals September 27 , 1995 • Chairman Austen stated that the pipe was found and the stakes were apparently there . Mr . Hovanec replied that they could find nothing except a sign post and that ' s where he said the pipe was . So , the pipe was apparently buried . Everything along that parcel had been under cover , including another surprise - - it was supposedly hooked into the sewer main and they found a septic system . There were a lot of surprises in this project . Nothing turned up the way it was supposed to have been . Even Erik Whitney ' s map showed a lateral 6 ' in from the pump station . That , logically , would have been the boundary line because they already staked the laterals into the property line . The only pipe they did find is the one way in the rear . Even the second pipe , three -quarters of the way back , was not found . Chairman Austen asked if they found the pipe clear in the back . Mr . Hovanec said yes . What they were citing was from that pipe almost up along the pump station , about 6 ' up from the pump station , when the boundary line is really 12 . 5 ' up from the pump station . That was really the problem . Mr . Ellsworth asked if the telephone pole was also off . Mr . Hovanec said that it was . Chairman Austen noted that you can ' t count on utility poles , because they sometimes just put them where they can . Mr . Ellsworth asked if it has now been surveyed . Mr . Hovanec replied that it has been and showed the actual survey map . Mr . Frost noted that the survey was done August 15 , and Mr . Hovanec was before the Board on June 14 , so the survey was prepared two months after the meeting . • Mr . Stotz said that he didn ' t think he was at that meeting in June . He then asked what the original variance was for . Mr . Frost answered that , at this point , they just have the draft . Attorney Barney recalled that they had a house there that was deteriorating and they wanted to take it out . Normally , they can only have one principle dwelling on a lot . The variance was basically to replace that house with a new one . There was some concern . It ' s a somewhat small , crowded lot and so the Board went to great pains to say that when it was done , it was to be done within the requirements of a R- 15 zone , which specifically said as one of the conditions that the building would have a 15 ' setback on the south side . So , he thinks that whoever went into this went into it with their eyes open , knowing that it was a concern of this Board . It was an expressed concern and it was a condition of the Zoning hearing , and there was a provision requiring a survey be supplied to demonstrate such compliance . He continued by saying , in light of all that , he has some difficulty understanding why someone went ahead and sited it on where they felt the line would be . It was clear that the Board was concerned about it and when they went to site the house , they should have spent a little bit of money to get a surveyor there to locate the line if they had any questions on it at all . Mr . Hovanec responded by saying that , at this point , he would agree . However , they basically were helping Russ . He mentioned that Russ has Crohn ' s Disease and is definitely pinched . Attorney Barney noted that the Board took that into consideration . Normally, this is an unusual variance . Not too many have been granted in the Town , where they have been allowed to maintain two completely separate dwelling units on a lot . Town of Ithaca 3 Zoning Board of Appeals September 27 , 1995 Mr . Frost added that , at the same time , had they taken down the house that was there and rebuilt one that was exactly the same , they would have ended up with a building that was still actually closer . He ' s not disputing the wisdom of the Board in granting the variance and then requiring 15 ' , but it ' s still , in a sense , considering everything , not as close as it was originally . Mr . Frost reiterated that it still doesn ' t make the mistake right . Mr . Hovanec replied that it ' s a good point . He added that , in fact , the other house may have been encroaching on the line because that was the foundation they took off . They moved the house way over from where it originally was . In fact , as he previously mentioned , they found the septic system and he knows the septic tank was encroaching on the City of Ithaca ' s property , which was a surprise to everybody . The records at Bolton Point indicated it was hooked into city sewer , but it wasn ' t . This project has been full of surprises , Chairman Austen asked Mr . Hovanec if he meant it was actually across the Town line . Mr . Hovanec said the sewer was definitely across the Town line . The house may have been , but there ' s no way of telling at this point . Mr . Stotz noted that the house is 11 ' 5 " . Mr . Hovanec replied that it ' s il ' 5 " and 10 ' 5 " . Mr . Stotz said that it ' s 11 ' 5 " on the west side and 10 ' 5 " on the east side . He then asked if the garage in back is in use , Mr . Hovanec answered that it ' s used for storage , not for a garage . Mr . Stotz asked if it has to be occasionally accessed with a vehicle . Mr . Hovanec answered no . He doesn ' t believe it ' s big enough for a vehicle . Mr . Stotz then asked if there is ever a reason to take a vehicle back there . Mr . Hovanec answered no . Mr . Stotz asked if the 15 ' had been maintained on the side would they have been able to park on the gravel driveway . Mr , Hovanec stated that he doesn ' t believe the project could have gone forward . They angled and moved the house as far right as they comfortably could . Again , they thought they had a margin of 16 ' . Mr . Stotz asked if they thought they could have parked there if the house had been sited 15 ' away from the property line . Mr . Hovanec said there would have been parking in front but it would have taken up a good portion of the driveway . Mr . Stotz said then they would have had to park in front of the house . Mr . Hovanec agreed , Mr . Stotz asked if that was a consideration - - whether or not to park in front of or on the side of the house . Mr . Hovanec noted that it was up to Mr . Poyer . They basically just helped him site where he wanted the house . As far as the driveway , it was existing with the other house . Mr . Stotz noted that , in looking at the plans , it seems as though the house was angled in such a way as to just be able to use that gravel driveway . Mr . Hovanec said the angling came in when they strung a line from where the boundary was considered to be from the rear pipe to the front . They had a different line they were going by . Mr . Stotz asked if they found the pipe in the front . Mr . Hovanec answered no . He still couldn ' t find it when he looked the other day . Mr . Stotz asked where they measured from in the front . If they found the pipe in the wrong place , he assumes somewhere to the north of where it actually is , where was the south or east marker? Mr . Hovanec noted that there ' s a telephone pole not shown on the drawing . It ' s about 3off the pump station . Mr . Stotz indicated an area on the map and noted that if you site straight • down , the other location would be somewhere to the north of the pipe . He then indicated another location on the map to show where they would end up . At this point , there was more discussion about the pipe , with various Board members indicating points on the map . Chairman Austen noted that he ' s uncomfortable with the fact that a survey was called for and then the building was set wrong . Town of Ithaca 4 Zoning Board of Appeals September 27 , 1995 • Mr . Ellsworth said that the alternative is to either shave it or move it . Mr . Stotz asked if it has a foundation or a crawl space . Mr . Hovanec answered that it has a crawl space . It ' s a concrete block foundation . Mr . Stotz asked if it is a manufactured dwelling . Mr . Hovanec said it is a modular . He continued that the big thing is the fact that , considering who the neighbor is , it will never be built upon . Of course , that ' s the reason for side yard setbacks - - to not crowd your neighbor . In this case , the neighbor is the City of Ithaca , with a sewer line through there that they maintain . Chairman Austen noted that they couldn ' t have another dwelling in there anyway because of the sewer line . Mr . Hovanec reiterated that is what he means . Chairman Austen added that it doesn ' t make it right . Mr . Hovanec agreed and stated that ' s why they are before the Board requesting a variance . No one did this intentional- ly . He asked Mr . Poyer if he was sure . Mr . Poyer assured Mr . Hovanec that he was positive . Mr . Poyer bought the property on an owner- financing situation . Chairman Austen said the survey map is dated July 1989 . They must have used that when they purchased the property . Mr . Hovanec answered that Mr . Poyer did not have a survey map . Chairman Austen noted that someone must have had one . Mr . Hovanec said that Mr . Poyer had never seen one . Chairman Austen asked how someone buys property without having a survey . Mr . Frost said the survey was amended March 1994 , Mr . Hovanec stated that he could not answer for Mr . Poyer but that he ( Mr . Hovanec ) had never seen a survey map ahead of time . • Attorney Barney asked if Mr . Poyer owns the gas station also . Mr . Hovanec said he does not . He bought the property on an owner- financing situation and no bank was involved and no survey was required . Attorney Barney answered by saying that it doesn ' t cut much ice with him . Someone must have done a survey in order to sell it if they sold it independent of the gas station . He then asked when Mr . Poyer bought the property . Mrs . Shirley Poyer , Russ ' mother , answered that it was 1993 . Attorney Barney asked if that included both pieces . Mrs . Poyer answered yes . Attorney Barney said then Mr . Poyer owns the gas station as well . Mrs . Poyer said no . He owns the house that was there and another lot - - the two lots are numbered 518 and 520 . Attorney Barney asked who bought the gas station , lot 522 . Mr . Frost said they have the name up in the office . Attorney Barney asked if , when Mr . Poyer bought it , did he buy Parcel A , which includes 518 and 520 . Mrs . Poyer said that is correct . The gas station was not part of that transaction . Attorney Barney guessed that he bought it in March of 1994 . Mrs . Poyer said she doesn ' t remember . Attorney Barney said he suspects that they amended the map in 1994 to break it into two pieces . He added that somebody had to survey at that point in time . He would be willing to almost wager that the deed in the clerks ' s office would refer to this map . Mr . Hovanec said he had never seen the map . The only thing they had to go by was the drawing provided by Mr . Poyer . He said that Mr . Poyer thought it was going to be about 35 ' off the front line at one point . • Mr . Frost asked if Mr . Poyer is presently in the hospital . Mrs . Poyer said he is out of town right now . Mr . Frost added , as additional information , that the Board also imposed a condition that the building be no greater than 1 , 000 square feet and the house is 994 square feet so they have complied with that condition . Town of Ithaca 5 Zoning Board of Appeals September 27 , 1995 • Chairman Austen noted that it ' s very expensive to move a place . The utilities would be a major expense , plus the foundation . Chairman Austen asked for a motion . MOTION By Mr . David Stotz , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board approve the appeal of Russell Poyer , requesting a variance from the requirements of Article IV , Section 14 of the Town of Ithaca Zoning Ordinance , to be permitted to maintain a recently constructed single - family dwelling with a south side lot building setback of 10 . 5 ' at 518 East Shore Drive , Town of Ithaca Tax Parcel No . 16 - 1 - 14 , with the following finding : 1 . This pertains to the house as presently located and includes a variance from both the front and side yard setback requirements . Chairman Austen asked for any further discussion on the motion . Attorney Barney asked what the front yard requirement there is . Mr . Frost answered that R- 15 is required to be 25 ' setback . Attorney Barney asked what the average front yard depth of other buildings is . Mr . Frost noted that the high school is further back . Attorney Barney noted that the average depth of the front yard of the buildings and • lots immediately adjacent cannot be less than 25 ' nor greater than 50 ' . So , the measurement here is somewhere between 25 ' and 50 ' . But the average looks like it ' s close to the average on the two on each side , although the high school building is further back . If you want to be a literalist , it probably doesn ' t meet the front yard requirement either . Chairman Austen asked for a vote on the motion which resulted as follows : AYES - Austen , Ellsworth , Stotz . NAYS - None The motion was carried unanimously . The second appeal to be heard by the Board was as follows : Appeal of the Catholic Cemetery Association , Appellant/Owner , Doug Gillogly, Agent, requesting a special approval from the Zoning Board of Appeals under Article %III , Section 70 of the Town of Ithaca Zoning Ordinance , to allow the proposed deposit of fill material in excess of 2 , 500 cubic yards at 631 Five Mile Drive , Town of Ithaca Tax Parcel No . 31- 2- 26 . 2 , Residence District R-30 , Mr . Ellsworth noted that the owner is probably the Immaculate Conception Church , which he does some work for . Attorney Barney asked Mr . Ellsworth if he is doing work in conjunction with the fill . Mr . Ellsworth answered no . Attorney Barney noted that Mr . Ellsworth has disclosed this information and that can be taken into consideration when • Mr . Ellsworth votes . Attorney Barney noted that he would normally say excuse Mr . Ellsworth , but not in this circumstance . Chairman Austen asked Mr . Gillogly to state the proposed use of the piece of property . Town of Ithaca 6 Zoning Board of Appeals September 27 , 1995 • Mr . Gillogly stated that , what he gathers from the church , they really don ' t have any intentions for it at the moment . Chairman Austen noted that the chances of the cemetery ever being expanded across the road are slim . Mr . Gillogly agreed . He believes they are pretty content with staying on one side of the road . Chairman Austen asked if this is more to improve it in order to sell it . Mr . Gillogly didn ' t know if that is their intention or not . He believes they want to improve it in general . He doesn ' t want to speak for the church until he gets his facts straight . Mr . Ellsworth asked if the area is low and if they are trying to fill it up . Mr . Gillogly responded yes . Chairman Austen asked how much it drops off . Mr . Gillogly said the majority of the drop is a gradual decline back towards the railroad , about 27 ' from the elevation of the shoulder of the road . It varies throughout the nine - acre lot . Mr . Ellsworth asked if it is going to be higher than the adjacent properties . Mr . Gillogly noted that Mr . Mobbs , on the north side , would be the main concern . Mr . Carroll , on the south side is still quite high . He doesn ' t believe it will ever get to that height . They need to approach Mr . Mobbs to find out what he would like to see before they commit to anything . Mr . Ellsworth noted that it might create a run- off problem . Mr . Gillogly agreed . He added that as it gets about 750 out it will have little significant impact . As they raise it up it will still be beneath Mr . Mobbs ' low spot in the back yard , which is where he presumes his drain is . That ' s another thing they need to check on . Mr . Stotz asked where the fill is coming from . Mr . Gillogly said the mass material that ' s used for compaction - - they build it up to 15 - 18 ' above the surface now . The • weight of the material compacts the approaches . Mr . Stotz asked if that ' s 60 , 000 cubic yards . Mr . Gillogly said no , 60 , 000 cubic yards is pretty much , other than the utilities for the location , the number of cubic yards of material that needs to be removed from the Octopus project . The material they are targeting is quality material . They ' ve been hauling this material from a gravel pit in Freeville and it ' s good , clean material and has to be removed back out of there in the course of one year after it ' s done its job compacting the channel beds . They will also be cutting along the shoulders of the bridge abutments and everything . It ' s pretty good material . Mr . Stotz asked if the trucks would come in on Five Mile Drive . Mr . Gillogly responded affirmatively . Mr . Stotz referred to a memo from JoAnn Cornish dated September 20 , the day after the Planning Board meeting . She points out the large number of trips - 33 trips per day per truck , for a total of 66 trips per day for a 45 day period . Mr . Gillogly clarified that the amount of trucks is going to be a lot more than two . JoAnn was basing her facts on two trucks . There will probably be 10 - 15 trucks . Mr . Ellsworth asked if that is per day . Mr . Gillogly said yes . Mr . Ellsworth asked how many trips . Mr . Gillogly noted that each truck would be making 2 . 5 - 3 trips per hour . That ' s quite a bit of material . Mr . Stotz asked if they would be doing this during daylight hours . Mr . Gillogly said he cannot answer that . He believes everything during that phase of the project is supposed to be during the day . It was listed for public record and he doesn ' t have the information at hand . That ' s not to say that there won ' t be some activity at night . He believes anything that concerns traffic is what they are doing at night . Any time they • get into road crossings , relocations , sidewalks or road building means night time work . All this work is along the flood control channel and the inlet area . He presumes it will be daytime work . Town of Ithaca 7 Zoning Board of Appeals September 27 , 1995 • Chairman Austen indicated that he had been talking with the superintendent on the job . He doesn ' t believe he allows much night time work . It ' s expensive and they have done what they planned across the roads at night . Mr . Gillcgly said they are going to be establishing certain elevations and checkpoints as they go , and it ' s not really something they can do at night . It would be a struggle . Mr . Ellsworth said they are removing it , not depositing it . Mr . Gillogly said they are doing both . In removing it , depending on the settling of it , they have gone wider than they need to , anticipating it to settle down and taper a bit . If it settles more or less , they are going to have to reestablish elevations on through there and contour it the way they need it . Air . Ellsworth asked how many truck trips in one day there would be . Mr . Gillogly responded by saying a lot . Mr . Stotz stated that JoAnn points out 6 , 000 trucks loads at 10 cubic yards per truck . Air . Gillogly said that , as far as the amount of material each individual truck hauls , the quantity per day and the amount of truck traffic , one thing to keep in mind is that regardless if they dump it here , Enfield , or Newfield , the trucks will still be operating . Air . Stotz wondered if , considering the area by the Octopus is a residential area , there is another way in which the fill could be trucked in . Mr . Ellsworth suggested going out Route 13 , Tir . Frost reminded the Board that there ' s construction going on at that end of Route 13 also . Mr . Stotz said he doesn ' t know if the residents in that area will get upset or • not . Air . Gillogly said they are anticipating another site in Newfield . As far as the DEC is concerned , with the preliminary stuff , it ' s pretty much approved . They will be using 13A anyway . He believes they will look for the shortest route due to the fact that it ' s a state road . If the state wanted to make it clear that they needed to go around , they will accept whatever conditions there are . Air . Stotz asked if the Board is in any position to set a condition on a state route . Attorney Barney said they need to get a fill permit from the Board and it ' s not unreasonable , if they choose , to impose such a condition . The question is whether or not it ' s wise to do so . Air . Ellsworth noted that it may nix the whole deal . Attorney Barney said also the issue is that no matter chat , therct is going to be truck traffic . If they do it that way , they will quadruple or quintuple the distance , impacting on everybody else . There are residences at the other end of Five Mile Drive also . Air . Gillogly said that , if they are planning on eight to ten trucks per day for a short haul , it ' s a lot of trips . If they need a long haul , they ' re looking at 30 trips per day . The farther they go , they ' re looking at 45 trips . Attorney Barney recalled from the Planning Board discussion that not all of the fill is going to go here . This is limited to clean fill . Air . Gillogly agreed , this will be selected fill . Attorney Barney added that the fill with concrete or pavement is going to go elsewhere . Air . Ellsworth asked if they are saying it ' s not 60 , 000 yards . Attorney Barney answered that it eion ' t be 60 , 000 . Mr . Gillogly noted that the reason why that was in the • proposal is they really don ' t have a lot of answers in the direction in which this project would go , especially being next spring . There are an ungodly amount of alternatives as far as this aspect of the job is concerned . Not knowing any of the prime contractors ' ideas , or their thinking or chat they ' re planning on doing , he doesn ' t have a lot of answers . He left everything pretty much broad to include it in the maximum they Town of Ithaca 8 Zoning Board of Appeals September 27 , 1995 • would anticipate it being . So , they wouldn ' t be going over 60 , 000 ; if anything , it would be less . Each different phase would take a little different yardage . At 4 ' deep , he believes it ' s 150 ' X 50 ' - 75 ' and would be about 10 , 000 yards . Mr . Ellsworth asked if it ' s 1 / 6 of the total . Mr . Gillogly said yes . As they get back towards the tail end of the lot , it would be higher than 4 ' . Mr . Ellsworth asked if 4 ' is the average across . Mr . Gillogly said yes . That ' s what they are shooting for . They are trying to cut it down to the original contour of the land as best as they can and use the existing elevation as a guideline . On the southwest corner , there ' s an area of concern . Probably 150 ' - 200 ' back through that lot is extremely low and you ' re looking at anywhere from 10 ' - 12 ' of fill in that particular area . Mr . Ellsworth said they are only going to accept 10 , 000 . Once the contractor starts , he will go in there and unload anything he wants to unload . There needs to be some control of what they put in there . They are starting with an undetermined amount , depending on what their settling is doing . Mr . Gillogly said yes , they are pretty unsure of what is going to settle out to be also . As far as the material they ' ve hauled in that ' s going to be coming out - - there ' s probably around 12 , 000 cubic yards right now just on the one bank . Chairman Austen noted that part of the Planning Board resolution was that they would have to stay back away from any trees . That means it will have to be tapered off on both sides . Mr . Gillogly agreed . He continued by saying they plan on staying 50 ' - 100 ' , as an average , along all the property lines anyway . If they put a two on one slope on there , it ' s pretty dramatic . The more gradually they can settle it in to contour in with the property line , the better . • Chairman Austen added that if you build up 4 ' or 5 ' in the low area , you are going to push out an awful lot of water . Mr . Ellsworth said there are some drains to take some of it off . Mr . Walker said that right now there ' s a ridge down the middle at the site . He indicated some areas on the map . He stated it pretty much follows the property line back . The intention is to fill it and to leave a buffer on either side so it won ' t change the drainage pattern as far as the neighbors are concerned . From the road edge , back , there ' s over 30 ' of fall in the area . Attorney Barney said the 1 house in the area is about 75 ' away from the area . Mr . Walker added that staying away from the property line will preserve the drainage there . Attorney Barney asked if he understands correctly that the maximum the site can take is 10 , 000 cubic yards . fir . Gillogly said it ' s 4 ' deep on an acre , 6 , 000 yards of material . Attorney Barney noted there are 9 acres , fir . Walker said that ' s 6 , 400 yards per acre at 4 ' average depth . He knows the site and half of the site could receive 20 , 000 yards . On the first half , it drops off so you could have your 4 ' average and get 181000 yards into that . There ' s about 8 , 000 yards in the first phase which would come back about 100 ' from the road . In the second phase , another 8 , 000 yards . The ridge would be mirrored all the way back through to be consistent with the topography now . Attorney Barney asked what is the maximum the site could take at 4 ' . Mr . Walker said it ' s a 9 acre site . If they lose 3 acres , they would have 36 , 000 per 6 acre • disposal area if it is an average of 4 ' . The back area could hold 8 ' equals 45 , 000 yards , without even showing a bump on it . Town of Ithaca 9 Zoning Board of Appeals September 27 , 1995 • Mr . Stotz asked if they think * they could ever reach 60 , 000 yards . Mr . Walker said you could get 60 , 000 yards easily on the site . You ' d have a higher form . It wouldn ' t be above the road , but you ' d have it fairly level all the way back . Mr . Stotz asked if it would follow the natural contour . Mr . Walker stated that it would be higher than the natural contour . It would contain a mound . He doesn ' t think it would adversely affect the nature of the area out there . Attorney Barney asked him if it would or would not adversely affect the area . Mr . Walker said it would not . It would affect it , but it would be a perception of aesthetics . The Planning Board agreed that it wouldn ' t be a major aesthetic problem and they made a recommendation . There ' s ridges in the whole area out there . At the back of the site is the railroad grade , which was raised up about 10 ' . Mr . Stotz noted it would bury all of the goldenrod . Mr . Walker said it could be replanted . Mr . Frost noted that , if he ' s not mistaken , the flood plane runs to the east side of the railroad bed . Mr . Walker stated that the lower end of the site is in the flood fringe area . It ' s not in the flood way , but in the fringe area . Mrs . Cornish said that flood zone B is a 1 - 500 year flood zone . Mr . Frost asked if A is on the other side of the railroad tracks . Mrs . Cornish said that is correct . Attorney Barney said that when Mr . Gillogly went before the Planning Board he indicated that , of the 60 , 000 cubic yards , some amount has been deposited on another site . He asked what the number is . Mr . Gillogly believes it ' s close now to 8 , 000 . Attorney Barney noted that could be subtracted from the 60 , 000 . Mr . Gillogly said he is • now getting a different story . In talking to Don Hathaway , the superintendent , he assumed the 60 , 000 yards was complete , but it didn ' t include some relocation of the utilities and sewer and water mains . So , as far as how much of that 8 , 000 yards is still included in there is another question . Mr . Walker pointed out that he ' s a little familiar with the process . The whole project has to first relocate the utilities . Once the utilities are relocated and they start reconstructing the road , the entire road grade for Fulton Street and all the roads between Fulton and Meadow , including Buffalo St . across the bridge , all the way up to the new abutment , a big part of State Street will be excavated 42 - 48 " below the existing road surface . Mr . Ellsworth stated that they have to raise most of the bridges then . Mr . Walker said they are going to excavate all the material out . The material that ' s there is silt and clay from the lake bottom . They feel that ' s not strong enough to support the road base . So , this is basically going to be silt they are excavating out . That ' s why they ' re lowering a lot of the utilities , because the City reminded them that once they excavate that deep , all the water , sewer and gas are uncovered . Mr . Stotz asked if they would be putting it down deeper . Mr . Walker said they are , when they replace all the utilities . He said to picture all of Fulton Street , all of State Street between Meadow and the bridge that ' s there , all of Buffalo , all of Seneca - - excavated 3 . 5 - 4 . 5 ' down . There ' s the 60 , 000 yards of material . Mr . Gillogly added that all of the big berms piled up are going to be removed . He thinks they are going to be about 4 ' from the existing grade that they started out with , • from what he understands from the surveyor . Attorney Barney asked if he means down . Mr . Walker said the top 18 " is going to be asphalt . Below that will be lake bottom material basically , which is going to be pretty fertile silts that are deposited . He doesn ' t think the State ' s really too sure . Their design engineers in Syracuse started out wanting to go down 24 - 30 " . Then they had second thoughts and decided to go down 3 . 5 ' . He thinks they are still waffling about going deeper to provide a solid base beneath these roads . Town of Ithaca 10 Zoning Board of Appeals September 27 , 1995 • Mr . Gillogly said the first has settled some 13 " since they put it on there . Mr . Walker asked if they would reload it . Mr . Gillogly said they are sitting back thinking they are lucky they went wider . The one they are presently working on is settling about 1 / 10 per day . Mr . Walker asked if another one will be done . Mr . Gillogly said all four are in place now . One along the old Taughannock , one along where the bridge is now right off Buffalo Street , and another one across from there . Attorney Barney asked what is settling now . Mr . Gillogly said all along the flood control channel , the material that all the roads are built on now . That gives an idea of what kind of material is down there . Mr . Walker explained that they ' ve loaded 10 ' of fill on top of it . That weight is compressing the silts . Plus , they put in special drains about every 10 ' on a grid . That ' s pushing water out . As an engineer , he has some question as to why they are trying to push the water out , because it ' s below the water table anyhow . It will just resaturate it . Mr . Gillogly added that , supposedly , the drainage bank is supposed to maintain that . But , they are going to be taking an awful lot of weight back off there . Mr . Walker agreed and said it would be interesting when the roads pop up higher than the bridges . Mr . Gillogly said he thinks there ' s going to be a sort of spring- type action . Mrs . Cornish asked for clarification : will there be 60 , 000 cubic yards of fill ? She knows it ' s not an exact number , but she ' s still confused . Mr . Gillogly said that 60 , 000 will be the maximum . His personal opinion is that there will be 30 - 40 , 000 cubic yards . He doesn ' t believe there will be enough good material to use on their site . They ' ve already run into some problems along where there ' s some old pipe , concrete and foundation , etc . NYSEG is responsible for having the inspector there . They run into a little bit of a problem when they are digging through the coal tar - - the entire area • just smells like coal tar . So , to take a meter out there and try to get an accurate reading --- -- they ' ve ended up taking some material back out of the site they are on now . They simply made a phone call to say there was some contaminated material . The head engineer from NYSEG came with meters and it was excavated out . They will have in the contract with Santaro to have someone on the site at certain intervals to not only check the material here , but also as it is deposited . Mr . Ellsworth noted that , in other words , they will have some control over what is being put in . Mr . Gillogly said that the language in the contract between Santaro or any subcontractors is going to allow us to have an immediate stop at any given point in time . He needed to do that for their own protection and for the protection of the church . He ' s given them the leeway to say this is not what they want . At that point , it would be shut down . Chairman Austen opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Joanne Cornish stated that she thinks they have basically covered most of the points . There was some concern over sediment and erosion control methods being practiced while the area was being filled . She thinks they ' ve covered those in the resolution . There was some concern for the traffic , which they ' ve covered . But , it will be a lot of traffic for short , intense periods of time . Then it will be over . There will be some disruption to the neighborhood while that ' s going on . • Mr . Gillogly noted that , if it ' s any consolation , they are running every day ( for the last month ) an average of 18 - 20 trucks to bring the fill in . So , if that ' s any indication - - if anybody ' s gone dorm and noticed a lot of trucks - - that ' s pretty much what you ' re looking at . Mr . Ellsworth asked if that ' s on Five Mile Drive . Mr . Gillogly Town of Ithaca 11 Zoning Board of Appeals September 27 , 1995 • said no , they ' re coming in from Route 13 . Mrs . Cornish said they were using Five Mile Drive this morning . Mr . Gillogly said that ' s someone else taking fill to the site on 13A . Mrs . Cornish indicated that there was some question about the mature trees along the road on the site now . They felt that , if they were removed , it would leave a hole . To the extent possible , they would like those trees protected . That was also a condition I n the resolution . She thinks everything else has been covered . Chairman Austen asked for a motion on the environmental assessment form . MOTION By Mr . David Stotz , seconded by fir . Harry Ellsworth . RESOLVED , that the Board make a negative determination of environmental significance in the matter of the appeal of the Catholic Cemetery Association , requesting a special approval under Article XIII , Section 70 , Town of Ithaca Zoning Ordinance , to allow the proposed deposit of fill material in excess of 2 , 500 yards , and not to exceed 60 , 000 yards , at 631 Five Mile Drive , Chairman Austen asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Stotz . NAYS - None . • The motion was carried unanimously . Chairman Austen noted that they have the resolution from the Planning Board . They have some conditions that they would like included in any resolution the Zoning Board makes . Mr . Walker stated that the first condition was that the applicant provide construction phasing schedules , which he has provided . There ' s a memo to the Board stating that that condition has been met . Also that Mr . Walker has read the applicant ' s plan and has determined that it adequately meats the Planning Board ' s conditions . The plan adequately protects the property and surrounding properties from significant , adverse consequences of the deposited material , which is one of the requirements of Section 70 . Chairman Austen informed the Board that he has seen nothing from any of the bordering landowners . There are no memos from them . Mrs . Cornish stated that Mr . Mobbs did show up at the Planning Board meeting . He was with someone , probably his wife . Mr . Gillogly said the only other people that would be concerned with it would be Don Carroll . He ' s not sure if Mr . Carroll still lives there . He assumed the house was vacant . Mrs . Cornish asked if Mr . Carroll is renovating . Mr . Frost said he is and is living there . Mr . Walker said all the landowners were sent notices prior to the Planning Board meeting and prior to the present meeting . Chairman Austen said they are really talking about roughly 6 acres . That ' s roughly 1 . 5 acres on each side . Mr . Walker agreed that ' s a rough estimate . Chairman Austen asked if the drainage soil would remain essentially as it is . Mr . Walker nodded in agreement . Town of Ithaca 12 Zoning Board of Appeals September 27 , 1995 • Chairman Austen referred to a letter from the Department of Environmental Conservation . They have some measures they want such as silt guards . He assumes those are their normal standards . MOTION By Mr . David Stotz , seconded by Mr . Harry Ellsworth . RESOLVED , that the Board approve the appeal of the Catholic Cemetery Association , requesting special approval from the Zoning Board of Appeals under Article XIII , Section 70 , Town of Ithaca Zoning Ordinance , be allowed to deposit up to 60 , 000 cubic yards of dirt and natural stone on site , located at 631 Five Mile Drive , and that the approval be predicated on the following conditions : 1 . Adherence to the recommendations as outlined by the Town of Ithaca Planning Board resolution to the Zoning Board of Appeals , dated September 19 , 1995 . 2 . It has to comply with the New York State Department of Environmental Conserva- tion ' s requirements pertaining to fill . 3 . This is a three -year permit . 4 . The deposit of fill must not exceed 60 , 000 cubic yards . Chairman Austen asked for a vote on the motion , which resulted as follows : • AYES - Austen , Ellsworth , Stotz . NAYS - None . The motion was carried unanimously . The final appeal to be heard by the Board was as follows : Appeal of Cornell University, Appellant/Owner , Scott Whitham , Agent , requesting a special approval from the Zoning Board of Appeals under Article XIII , Section 70 of the Zoning Ordinance , to allow the proposed deposit of 15 , 250± cubic yards of fill material on portions of Town of Ithaca Tax Parcel No . 64- 1 - 1 and 64- 1- 2 , in Cornell ' s Precinct 7 located off New York State Route 366 and Game Farm Road , Residence District R- 30 . Chairman Austen asked Mr . Whitham where he proposes to put all of the fill . Mr . Mr . Ellsworth asked what is causing all of the fill . Mr . Whitham replied by showing on the map the areas involved in the project . He then referred to the old Cornell dump site . That site has a slope to it that is more than three on one , especially down towards the creek . The site is covered pretty much with crown vetch . It ' s a steep slope and they want to stabilize that slope . There are fill soils south of the library annex . They want to take those fill soils and put them on the old disposal site to stabilize the slope . They then plan to vegetate it . To do that , there ' s a swale that carries storm water through a little creek ( he showed on the map where the creek is ) . They are going to put in two , 36 " conduits down in there to carry the water and then grate the swale . • Town of Ithaca 13 Zoning Board of Appeals September 27 , 1995 • Mr . Frost showed a picture to the Board . Mr . Whitham said the picture shows the corner of Palm Road , the southeast corner . What he is talking about at this time is right below that . He showed the point on the map . He then showed a group of trees on the map . Mr . Frost asked if he was speaking about behind the tree line and in back of the field . Mr . Whitham said yes . He continued by saying that the main point was to stabilize and vegetate the slope . Mr . Ellsworth asked if the material they plan to use is already there . Mr . Whitham said that it is . Mr . Whitham continued with the other part of the project is to work with storm water management , in terms of containing storm water . The two areas they are going to work with are right off of Rte . 366 by Life Safety . There ' s a little swaled area with a gate I n case of spills from storage . Basically , they are going to make that a larger area . Mr . Ellsworth asked if there are things Life Safety might be storing . Mr . Whitham said yes , in terms of the storage shed ( which he pointed out on the map ) . There ' s just a small grass swale and they will make a larger grass Swale . Then they will revegetate it ; it will be a fairly long , easy grade to mow . They also want to seed some areas that are currently eroding into the watershed . They will vegetate those also . He then pointed out the old poultry lagoon , which occasionally overflows . They are going to bolster that whole area . This will control the overflow . Mr . Frost asked him if he means at the poultry lagoon . Mr . Whitham said he does . Mr . Frost voiced a concern . What is misleading to him is that he looks at the top right hand corner ( on the map ) and sees a shaded area on the map . It ' s basically labelled " project area . " Mr . Whitham agreed with that . Mr . Frost then asked if it goes back behind the General Stores warehouse . He wanted to know how accurate is that shaded area . Mr . Whitham noted that , at one point , they thought the project was a lot larger . They thought they would create a new pond up in the area Mr . Frost referred to . This would take care of the hydrology for a 20-year storm . They decided they could do that at a spot he pointed out to Mr . Frost , Mr . Frost said that his question , therefore , is if the shaded area on their reduced maps , marked " project area" really represents the actual area . Mr . Whitham showed Mr . Frost on the map where the area would be . Mr . Frost noted that the marked area goes north to encompass the General Stores warehouse . Mr . Whitham said it does show that but they are not going to be doing any fill wort: in that area at this point . So , in terms of the location plan , they can just make smaller circles . Mr . Stotz asked if they are now constructing two ponds . Mr . Whitham replied no . They call one pond 12 . It ' s not really a pond , it ' s just an indentation area . Mr . Stotz wanted to know what pond 8 is . Mrs . Cornish answered him by saying that it is now detention area S . Mr . Stotz noted that it is a wet area . Mr . Whitham said that it is wetlands and they have a permit from the Army Corps of Engineers to work in that area . Mr . Frost asked if there has been a lot of fill material going into the areas between the Library Annex Road and Palm Road . Mr . Whitham noted that some years ago , he thinks , there was primarily stone from the library . Mr . Walker added that the Town utilized a portion of that stone when they rebuilt Judd Falls Road this summer . They stockpiled a lot of excavated material and gravels that came out of the road base , as well as the recycled asphalt , The millings they milled off Judd Falls Road and stockpiled them there . That material has all been removed . There were some other road projects that were using that . Mr . Frost noted that , when he was up taking pictures , he noticed a lot of stuff up there . Mr . Whitham replied that there was a lot , but now a lot of it is gone at this point . It ' s pretty clean now and primarily is used for storage . There are some things there , such as tiles and things . They are going to designate other areas in which to store those things . Town of Ithaca 14 Zoning Board of Appeals September 27 , 1995 • Mr . Stotz asked if it would impact the recreation area . Mr . Whitham replied that they are not touching the recreation area at all . Mr . Stotz asked about the area where they would be pushing dirt down the slope . Mr . Whitham stated that right now that slope is very steep . They are going to bring the toe closer to the recreational area . There ' s a swale that ' s in there right now that carries eater west . Basically , they are going to put that existing water in two 36 " pipes and cover it over and create another swale . Still , it will be outside the recreational area . Chairman Austen asked how much fill will be in that area . Mr . Whitham said there would be 2 ' , in general . Chairman Austen asked if the tile going in would be grade level . Mr . Whitham said it would be buried . Mrs . Cornish informed them that the information they are looking for is on page 4 in the packets . Mr . Walker explained there was a cross section in the upper left corner . The conduits are 36 " , so the fill at the toe of the slope will be closer to 8 ' above the bottom of the ditch , the slope will be covered with 2 ' . You can see that , by putting in the two conduits , they can fill over the top of that and make a more stable slope . Then there ' s still a small diversion at the base of the slope , which will be below the recreation way . Basically , it ' s going to make much less of a ditch there . Right now , it ' s pretty deep right there . Mr . Whitham said they have been working very close with the Natural Areas Committee at Cornell for this project , and also with the Department of Natural Resources , in terms of naturalizing the area and basically making it a better wetlands . They are trying to make the vegetation more native , as opposed to crown vetch . Mr . Walker noted that crown vetch 4S one of the vegetations of choice to stabilize slopes . The fact that one of the purposes is to try to kill it . . . and they want to get more native grasses growing on it . • Mr . Whitham pointed out the wetlands area . He added that they have an Army permit to work there , to basically take soils out and make a small permanent pond and to expand the wetlands . So , one will get more storm water capacity into storage , making a more viable , complex wetlands . Mr . Stotz asked if that is what is being referred to as a concern about erosion into the pond . Mrs . Cornish said yes . Mr . Walker added that a concern is that if a lot of that area is opened up , silt from there could fill the pond . That ' s why there ' s a provision that the depth of the silt in the pond be monitored . That pond will make a very good sediment trap . So , if there is a lot of construction work ( if Precinct 7 ever happens ) , this will be a natural barrier to sediment getting off the site into Cascadilla Creek . It will have to be maintained . Mr . Whitham said if Precinct 7 does happen , they can be thinking about how the whole watershed happens . Basically , it acted as a silt trap for the railway . There is primarily silt in there from the watershed now . The idea is to take that out and recreate a more viable wetlands , while at the same time to store water now . Chairman Austen asked how large it is going to be . Mr . Whitham asked if he means in terms of actual cubic yardage . Mrs . Cornish asked what phase this is . Mr . Whitham replied that it would be just pond 8 . It would be 150 ' long and 50 ' deep . Mr . Frost reiterated that nothing is being involved in the area between the Annex • Road and Palm Road . Mr . Whitham agreed with that . Mr . Stotz asked about the outlet pipe in the poultry lagoon , He wanted to know where it ends up going . Mr . Whitham stated that it ' s just overflow . Mr . Stotz then asked what the poultry lagoon collects . He has gone by there and has noticed that it reeks . Mr . Whitham reiterated that it is just runoff at this point . 11r . Ellsworth said it ' s not active anymore . Mr . Stotz again said that it stinks awfully there . Mr . Whitham reminded them that a lot of the area is swampy and will smell on hot days . Town of Ithaca 15 Zoning Board of Appeals September 27 , 1955 • Air . Ellsworth asked if , since that ' s the old dump site , will they be cutting anything there . Mr . Whitham responded that they would not . Chairman Austen noted that it seems they will be just moving fill . Mr . Whitham agreed . Mr . Walker noted there would be some excess material from Pond 12 . He said it would be used to grade out other areas . Chairman Austen asked if they are just enlarging that dimension in a little deeper . 11r . Whitham responded affirmatively . Mr . Frost said that the building is only about six or seven years old . It was there when he joined the Town in 1987 or 1988 . Chairman Austen opened the public hearing . With no one present to speak , the public hearing was closed . ENVIRONMENTAL ASSESSMENT Mrs . Cornish said that she believes they have already covered all the points addressed in the environmental assessment form . There is one point that wasn ' t brought up . The existing trees that are on that fill area are to be protected with tree guards and those are shown as boxes on the map . There are some additional plantings that will be happening , in addition to the soil stabilization plantings . Chairman Austen noted that he has yet to see anyone excavate around trees and have the trees survive . He has seen 1 , 000 of them . Two years down the line they don ' t make it . Air . Walker stated that , because they are locust trees , you could bury them and they • would pop up again next year . Chairman Austen said they are probably the one type of tree that would survive . Mr . Walker asked if that site was covered about five years ago . Mr . Frost noted that to the wrest of the Annex they did a lot of stuff . Mrs . Cornish added that she is glad they are making an attempt to save those trees , Air . Walker asked Air . Whitham to be sure , if they had to be cut , they be cut below grade so no one can see them . Attorney Barney asked how ° firm the 15 , 250 is . Air . Whitham said it ' s much less than that . That ' s the number they were looking at when they had a lot more project area . At the Planning Board , they were pressed to get a number . So , that ' s the number they gave . Airs . Cornish added that it couldn ' t possibly be more than that because that was including the other pond . Mr . Walker stated that the phase of the library annex is 3 , 400 yards , approximately , and the two ponds are a total of about 3 , 900 yards now . He said it would be double if you dig it out and then put it in . A contractor says you are moving it twice , so he gets paid truce . Mr . Stotz asked if they are excavating out of that pond . Mr . Whitham showed him where they would be excavating . 114r . Stotz asked if there is sub- surface drainage into the pond . Air . I•lhitham shorted which way the watershed goes . It is being monitored . Air . Stotz asked if there are any contaminants in the area to be excavated . Mr . Whitham replied no . Mr . Walker said the biggest problem they had was some high iron levels . Chairman Austen asked for a motion on the environmental assessment . MOTION • By Mr . Harry Ellsworth , seconded by lir . David Stotz . Town of Ithaca 16 Zoning Board of Appeals September 27 , 1995 • RESOLVED , that the Board make a negative determination of environmental significance for the project proposed for the Town of Ithaca Tax Parcel 64 - 1 - 1 and 64- 1 - 2 , Cornell Precinct 7 , near Rte . 366 , more commonly known as the Orchard area , Residence District R- 30 , based on a review by JoAnn Cornish , Town Planner II , August 25 , 1995 . Chairman Austen asked for any further discussion . He then asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Stotz . NAYS - None . The motion was carried unanimously . Chairman Austen noted that the Planning Board has a resolution that needs to be taken into consideration at this time . Mr . Stotz asked if he is talking about the schedule . Chairman Austen informed him that it is an adopted resolution from the Planning Board . Attorney Barney said it is on page 2 of the Planning Board resolution . Chairman Austen read the Planning Board resolution dated September 5 , 1995 , which was passed unanimously by the Planning Board , Mr . Stotz asked if that has been provided . Mr . walker said yes . The first two ( a and b ) will be monitored throughout the project . The mylar maps have been provided to the Town . • Chairman Austen read the letter from the Tompkins County Department of Planning dated August 24 , 19950 Chairman Austen asked for a motion on the appeal . MOTION By Mr . Harry Ellsworth , seconded by Mr . David Stotz . RESOLVED , that the Board grant a special approval under Article XIII , Section 70 of the Zoning Ordinance , to allow the moving and / or depositing of up to 9 , 500 cubic yards of fill material on portions of Town of Ithaca Tax Parcels No . 64 - 1 - 1 and 64 - 1 - 2 , in Cornell ' s Precinct 7 located off Rte . 366 and Game Farm Road , Residence District R- 30 , with the following conditions 1 . The Planning Board ' s recommendations and conditions set forth in their resolution of September 5 , 1995 must be adhered to . Chairman Austen then asked for a vote on the motion , which resulted as follows : AYES - Austen , Ellsworth , Stotz . NAYS - None . The motion was carried unanimously . Attorney Barney asked if , in view of the fact that the number was originally 15 , 250 , with a somewhat greater project in mind , would Mr . whitham accept that the number now be 9 , 000 cubic yards . Mr . Whitham stated that they are close to 9 , 000 . Attorney Barney informed him that 3 , 900 and 3 , 400 would make 7 , 300 cubic yards , which is where they are now . This would give them a leeway of 1 , 700 cubic yards . Mr . whitham indicated that was acceptable . Toim of Ithaca 17 Zoning Board of Appeals September 27 , 1 ° 95 • Mr . Frost relayed that he is now confused because Mr . Walker ' s memo says to include a deposit of between 5 , 000 and 60 , 000 cubic yards . Mrs . Cornish said it ' s two separate projects and that it is confusing . Charman Austen said 15 , 250 is that he gets from Mr . Walker . Mr . Whitham replied that they would want a little leeway . Attorney Barney said 9 , 000 would give some leeway , but to go ahead and make it 9 , 500 . In viers of ,chat they are talking about doing , the application really was to deposit . It ' s actually a combination of move and deposit . The motion could be a permit to move and / or deposit up to 9 , 500 cubit: yards of fill . Mr . Ellsworth agreed to that . Chairman Austen adjourned the meeting at 8 : 47 PM . o O nn Debbie Raines , ZBA Secretary Edward Austen , Chairman. • •