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HomeMy WebLinkAboutZBA Minutes 2000-02-08 y �, � TOWN OF ITHACA ZONING BOARD OF APPEALS ' � z WEDNESDAY, FEBRUARY 9 . 2000 c 7 : 00 PM DISCUSSION of Dr. Thompson , D . D . S . , 101 Snyder Hill Road , Zoning Board of Appeals conditional approval January 11 , 1995 . APPEAL of Cornell University, Appellant , Kathryn Wolf, Agent , requesting a Special Approval under Article V , Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct the " North Campus Residential Initiative" at Pleasant Grove Road , south of Jessup Road , Town of Ithaca Tax Parcel No . 67- 1 - 1 . 1 , 68= 1 = 11 . 1 , = 11 . 2 , and — 12 . 2 , Residence District R-30 . Said project consists of the construction of outdoor recreational facilities , walkways , driveways , a road and a parking lot , to be used in conjunction with residential and associated buildings to be located in the City of Ithaca . There are no occupied buildings proposed to be in the Town . TOWN OF ITHACA ZONING BOARD OF APPEALS WEDNESDAY, FEBRUARY 9, 2000 7 : 00 PM PRESENT: David Stotz, Chairperson ; Harry Ellsworth , Board Member; Ronald Krantz , Board Member; James Niefer, Board Member; Kirk Sigel , Board Member; Andy Frost , Director Building/Zoning ; John Barney, Attorney for Town (7 : 15 p . m . ) ; George Frantz, Assistant Town Planner, OTHERS : Kathryn Prybylski , 118 Cook St ; Joanne Orrange , Cornell University; Jared Soperstein , 118 Cook St ; Adam Holler, 210 Lake St ; Hal Craft , 3 Sunny Slope Rd ; Joni Carroll , Cornell University; Andrea Dutcher, Cornell University; George Conneman , 197 Christopher Lane ; Shannon Gallagher, 127 Linden Ave; Jean Reese , Cornell University; Joel Harlan , Dryden ; Doug & Bruce Brittain , 135 Warren Road ; Lauren Bishop , Ithaca Journal ; Peter Eliason , Cornell University; George Bayer, 216 Forest Home Dr; Stan Seltzer, 228 Forest Home Dr; Susan Pliero , Cornell University; DP Loucks , 116 Crest Home ; John Kiefer, Cornell University; John Guttenberger, Cornell University; Shirley Egan , Cornell University. Chairperson Stotz led the meeting to order at 7 : 07 p . m . , stating that all posting , publication , and notifications of the public hearings had been completed . The first item before the board was as follows : DISCUSSION of Dr. Thompson , D . S . S . , 101 Snyder Hill Road , Zoning Board of Appeals conditional approval January 11 , 1995 . Chairperson Stotz stated that he has been passed this property a number of times . He thinks that in terms of the conditions that were set five years ago , Dr. Thompson has complied . Mr. Ellsworth stated that he did a nice job . Mr . Niefer stated that the property is well kept and well maintained . Mr. Frost stated that perhaps it would be appropriate to make a simple resolution that continued use is permitted . Chairperson Stotz asked if Dr. Thompson would have to bring an appeal before the board . Mr. Frost stated that the minutes from the previous meeting do not read that way. It was not limited to five years . Mr. Sigel stated that conditions could be imposed after five years . It seemed to imply that the board only needs to take action if the board wanted to impose further conditions . If the board feels that no further conditions are necessary, then maybe no action is required . It is in the record that it was discussed . ZONING BOARD OF APPEALS PAGE 2 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Chairperson Stotz stated that he does not see why the board would need a resolution . The board complied with the original approval by discussing it . Mr. Frantz asked if it would be accurate to say that the consensus of the board is that there have been no problems identified , therefore there are no conditions that need to be imposed . Chairperson Stotz stated that would be appropriate . The second appeal to be heard was as follows : APPEAL of Cornell University, Appellant , Kathryn Wolf, requesting a Special Approval under Article V, Section 18 of the Town of Ithaca Zoning Ordinance , to be permitted to construct the " North Campus Residential Initiative" at Pleasant Grove Road , south of Jessup Road , Town of Ithaca Tax Parcel No . 67- 1 - 1 . 1 , 68- 1 - 1 . 1 , - 11 . 2 , and — 12 . 2 , Residence District R-30 . Said project consists of the construction of outdoor recreational facilities , walkways , driveways , a road , and a parking lot , to be used in conjunction with residential and associated buildings to be located in the City of Ithaca . There are no occupied buildings proposed to be in the Town . Chairperson Stotz stated that they are going to hold the public hearing a little later. He would like to ask that the people who wish to speak limit their comments to the issue before the board and that comments not be repeated . Chairperson Stotz also ask that comments be limited to five minutes . John Kiefer, Cornell University, stated that the project would require all freshmen to live on North Campus . Presently the freshmen population is split between North Campus and West Campus . They feel that it is very important to improve the living environment for the freshmen students . The first presentation for the board will be by Kathryn Wolf from Trowbridge and Wolf . Ms . Wolf prepared the Environmental Impact Statement . She is an expert on the project scope . The second presentation will be by Andrea Dutcher. Ms . Dutcher is the Director of Recreation at Helen Newman Hall . The portion of the North Campus Residential Initiative that resides in the Town will be mainly used for recreation . She will discuss the types of recreation programs . Joni Carroll is the project manager for the North Campus Residential Initiative project . Jean Reese is with Student and Academic Services . Student and Academic Services is the sponsoring department for the project . Ms . Reese would be able to answer any questions the board might have about the types of programs taking place in the buildings . Bill Wendt is the Director of Transportation Services . He would be able to answer traffic related questions . Mr. Kiefer stated that Cornell University is seeking special approval use for institutional use in the R-30 zone . ZONING BOARD OF APPEALS PAGE 3 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Mr. Ellsworth stated that he would like someone to explain at the end of the presentation exactly what is in the Town of Ithaca . People might want to discuss the buildings . The buildings are not in the Town of Ithaca . Kathryn Wolf , Trowbridge & Wolf, stated that they are requesting special approval for educational use . They are requesting that they be allowed to replace an existing educational use on the property with a different educational use on the property. Ms . Wolf stated that the City of Ithaca is the lead agency for the project . The City has completed their environmental review of the project including the Final Environmental Impact Statement and their Findings Statement . They have final site plan approval for the portion of the project located in the City. Cornell University has received rezoning from the Town of Ithaca Town Board from a MR district to R-30 . They have also received Preliminary Site Plan Approval from the Town of Ithaca Planning Board . They will need to return to the Planning Board for Final Site Plan Approval . Ms. Wolf showed the location of the roads, existing buildings and neighborhoods surrounding the project site. Ms . Wolf stated that the dormitory buildings are being proposed to be located on the existing recreation fields . They received approval from the Town to demolish the Pleasant Grove Road Apartments . This allows them to shift the existing recreation fields to the east in the location of the Pleasant Grove Road Apartments . The recreational fields are being replaced in - kind . There is no expansion of the recreational program . South Balch Drive is an existing street , which currently dead-ends in front of Helen Newman Hall . There is currently a parking lot located in front of Helen Newman Hall . Under the new proposal there will be three new buildings . The first is a residence hall called a court building . The court building will be oriented to create a traditional campus quadrangle in relation to the existing Balch and Clara Dickson Halls . The second residence hall is located and oriented to relate to the high and low rises . The third building is the community commons . The primary program in the community commons is dining . It also has the mailroom , space for athletic programs , and a multi - use room . Ms. Wolf presented a drawing to the board showing the present conditions at the North Campus Residential Initiative site. Ms . Wolf stated that the proposal is to preserve the Cradit- Moore House off-site . The University has been working with Historic Ithaca and the State Historic Preservation Office for 1 . 5 years . The State Historic Preservation Office has approved the plan for the relocation of the Cradit- Moore House . The proposal is that the University will donate the house to Historic Ithaca . The University will pay for the relocation of the house to a site north on Pleasant Grove Road . The Village of Cayuga Heights has approved the relocation to the site . Historic Ithaca will then rehabilitate the house and sell the house to a private owner for its use as a single-family residence . The lot belongs to Cornell University. The lot is being offered at no charge with a 99-year lease . ZONING BOARD OF APPEALS PAGE 4 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED There will also be a covenant attached to the deed that will restrict any alterations to the house . The house cannot be altered in any way that would be inconsistent with its historic standing . Ms. Wolf presented a sketch of the Moore House on its new site to the board. They took a photograph of the site and superimposed the Moore House into the photograph . The house will have the same the relationship to the road that it currently has . One of the criteria that are being required by SHPO (State Historic Preservation Office) is that the house be cited in a manner that is consistent with its current citing. They want to retain as much as possible the same relationship in its yard . The lot is south of the Homa House . Carl Stearns , a preservation architect , has also been reviewing the relocation of the Moore House . He is overseeing the relocation and the development of the plan . The proposed site is lower than the road . The current location of the Cradit- Moore House is higher than the road . They will be filling the site so that the elevation of the house will maintain the same relationship to the road as in the existing condition . The house will be setback in - line with the Homa House . They felt that it was the best thing to do for the character of Pleasant Grove Road , Chairperson Stotz stated that Ms . Wolf mentioned that there would be no expansion of athletic facilities. When he looks at the before and after drawings , he sees a soccer field and two other green areas . The other green fields are smaller. The proposed plan shows three larger fields and the addition of 6 tennis courts . If it were drawn to scale , it would be very difficult to fit all the new athletic facilities that have been shifted east into the area that would now be occupied by the new buildings . There is an expansion from what he can see not only in the number of facilities , but the size . Andrea Dutcher, Director of Recreational Services , stated that the soccer field in the original plan is the same dimension as in the proposed plan . Ms . Wolf stated that the drawing showing current conditions is smaller than the drawing that shows the proposed conditions . Some of the facilities cannot be seen in the current conditions . Ms . Dutcher that there are four tennis courts and 2 basketball courts that are going to be relocated on the proposed site . There is one field that is sized for regulation rugby and soccer games . The other two fields are slightly smaller. The three fields are used for intramural sports and softball . Chairperson Stotz asked if the area of square footage covered is exactly the same . Ms. Dutcher replied that the same square footage is covered . Mr. Niefer asked if Ms . Wolf could show the board the Town/City boundary through the site . Ms. Wolf showed and explained the boundary. The Town contained the Moore House , Pleasant Grove Road Apartments and associated parking in the current condition . None of the new ZONING BOARD OF APPEALS PAGE 5 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED buildings are located in the Town . Two fields , one third of a field , tennis courts , basketball courts , a parking area and a portion of the new access road will be located in the Town . Mr. Krantz asked if the Moore House is currently registered with Historic Ithaca , Ms . Wolf replied that the Moore House is not listed on the National Register of Historic Places . As part of their developing the proposal , they made a request that the State makes a determination in whether or not the house is eligible . It was determined that the house is eligible . It has not been placed on the register. The primary reason why they are going to such great lengths in developing detailed site plans and having the preservation architect involved is so that they can retain its eligibility. The SHPO has developed a two-page listing of conditions of the relocation . The University has agreed to those conditions . It will be part of the agreement that the University undertakes with Historic Ithaca . Ms . Wolf stated that South Balch Drive is an existing driveway that accesses two parking areas . One is west of Helen Newman Hall . The other is north of Helen Newman Hall . The road dead-ends and traffic enters and exists in the same way. The parking lot for the Pleasant Grove Apartments has an access on Pleasant Grove Road . There is another drive on Pleasant Grove Road , which is the access to the Fuertes Observatory. One of the very first things that were evaluated at the time that they were beginning to develop the site plan was where a new entrance should be located . The engineers for the project evaluated both the existing locations and considered both locations for the intersection . They determined that both the existing locations were substandard . The guidelines for sight distances are not met . It would be an unsafe condition coming up Pleasant Grove Road . A number of options were evaluated . It was determined that the only acceptable location is aligned across from the entrance to the Hasbrouck Apartments . It would become a four-way intersection . Two unsafe intersections are eliminated . The new roadway will be a two-way roadway. It is open to unlimited two-way traffic . Another major focus of the project was enhancing public transit . Many of the students do not have cars . The University tries to encourage students not to bring their cars to campus . Currently, there is a dead - end drive at Helen Newman Hall . Buses are unable to come to Helen Newman Hall . They stop on Thurston Avenue . In the new condition , buses will be able to stop directly in front of Helen Newman Hall and continue on . Transit service is also being increased so that during peak times a bus will stop every 10 minutes . The roadway is a 30-foot wide roadway. It includes two 10-foot travel lanes with a 5-foot bicycle lane on either side . The exception to that is the area in front of Helen Newman Hall . It is a dismount zone for the bicyclist . The reason is that this is an area that is anticipated to have heavy pedestrian traffic . To minimize conflicts between bicyclists and pedestrians , it is a dismount zone . The bicycle lanes are eliminated for this section of the roadway. In addition , there is a bike path through the site. It is felt that many bicyclists will choose the bike path as opposed to using the road . There will be a stop sign in front of Helen Newman Hall . It is considered to be the location of where most pedestrians would be converging . There is a brick crosswalk that allows pedestrians to cross the street . There is a brick crosswalk on the east side of Helen Newman Hall , but no stop sign . ZONING BOARD OF APPEALS PAGE 6 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED There will be a bus pull-off tentatively scheduled to be in front of and towards the western end of Helen Newman Hall . The location is being finalized with Tompkins County Transit . The traffic analysis that was done indicates that there is the potential for the project to reduce slightly traffic in Forest Home . The reason for that is a new through roadway is being created that connects Pleasant Grove Road with Central Campus , The University is participating in a multi- municipal effort that is looking at the creation of a north entrance to the campus . It is an independent effort that is being coordinated by Fernando de Argon who is the Director of the MPO . He has initiated coordinating this effort so that it includes all the involved municipalities . The intention is to look at creating a more formalized entrance to the campus in the area of the A- Lot . They are also looking at some forms of traffic calming on Pleasant Grove Road so that more of the traffic might be captured to encourage the use of the A- Lot and transit to Central Campus . It is currently being looked . They have had a couple of meetings so far. They have agreed to certain criteria for a north entrance and are meeting on a regular basis . The existing parking lot west of Helen Newman Hall has been reconfigured so that it also serves as a drop-off so that a car can circulate through the lot and exit back out . The parking lot currently dead-ends and people end up backing out if the lot is full . There will be 18 spaces in the lot west of Helen Newman Hall . There will be 104 spaces in the lot east of the community commons . The Planning Board approved this configuration . It does include 7 parking spaces for the handicap . There is also a potential for 26 additional spaces to be built in the future if the demand is there . They would need to get approval from the Planning Board . The amount of paved area increases very little . The dormitories are replacing the Pleasant Grove Apartments . There are currently three outlets in Beebe Lake that handles the existing storm drainage . The existing outlets will be utilized so no new storm drainage lines will be put into Beebe Lake . There will be an improvement in that a mechanism will be attached to the storm drainage to separate out oils , sediments before discharging . Mr. Ellsworth asked how many parking spaces are in the Town of Ithaca in the existing plan and how many parking spaces are in the proposed plan . Mr. Frantz stated that there is not an increase in the number of parking spaces on the site . It includes the area within the City. This includes the parking lot west of Helen Newman Hall and the parking lot on the north side of Helen Newman Hall . They are being relocated to the north along Sission Place . The proposed 104-space parking lot is replacing parking spaces that are lost elsewhere . Chairperson Stotz asked how they envisioned the parking lot being used . Ms . Wolf stated that students that live on north campus are assigned to park in the CC- Lot . The numbers of students that bring cars to campus are expected to remain the same . Currently there are upperclassmen living on north campus . Upperclassmen will be located off north campus . ZONING BOARD OF APPEALS PAGE 7 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED This will be all freshmen . Freshmen bring cars to campus in the smallest numbers . The population will increase , but the number of cars will stay about the same of the existing . Employees of the community commons will use the new parking lot . Chairperson Stotz stated that the cars that will be parking in the parking lot would remain there for a good portion of the day. Ms . Wolf stated that during the workday the bulk of the traffic comes during a normal work shift . In the evening they anticipate that the lot will be full of users of Helen Newman Hall and the community commons . The existing lot north of Helen Newman Hall is very often full in the evening . This lot replaces that lot . Chairperson Stotz stated that at a certain time of day there would be a movement of cars out of the parking lot and other cars moving in . Where do the employees park currently? Ms . Wolf responded that they park in front of Helen Newman Hall . Mr. Niefer asked if anyone would be talking about traffic impacts . Ms . Wolf responded that there was a detailed traffic analysis done . There are three routes from Pleasant Grove Road to Central Campus . A new connection is being created from Pleasant Grove Road to Central Campus . Currently, someone would have to go from George Jessup , down Triphammer, Wait , and Thurston Avenue . They are steep . The alignment of the road traffic calms the route . They are also narrow streets . Another option is to come down Pleasant Grove Road , through Forest Home , over the one Lane Bridge , along Forest Home Drive . The traffic analysis indicates that the new road becomes a third way of getting to Central Campus . It is anticipated that it will pull some of the traffic off the other routes . As a result , it is anticipated that there will be a slight reduction in traffic through Forest Home as a result . Mr. Niefer asked what is the estimated impact on traffic on Pleasant Grove Road going northbound . Ms . Wolf replied that it is anticipated that there is not going to be a change in the number of people traveling on Pleasant Grove Road . The traffic estimate shows that in the evening they are estimating an increase of 6 cars heading north on Pleasant Grove Road . It would be during the peak hours of 4 : 30 p . m . to 6 : 30 p . m . The main change is below the new intersection . Attorney Barney asked if it were 6 cars total or 6 cars per hour. Mr. Frantz stated that it is for the peak hour. It can be any 60 minutes within the two- hour period . Ms. Wolf stated that it is not going to draw more traffic from the north . They are talking about how the existing traffic travels . ZONING BOARD OF APPEALS PAGE 8 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Mr. Niefer stated that Pleasant Grove Road during the peak hours is backed up south of Community Corners . Ms . Wolf stated that the traffic analysis showed that . It was the worse condition of all the intersections in the area . There is some increase in traffic as a result of this because there are new employees . The 6 additional cars traveling north reflects some of the additional traffic generated by the project. It is also estimated that the number of cars traveling south on Pleasant Grove Road into Forest Home would decrease by 13 . The number of cars traveling east on Forest Home Drive into to Forest Home would decrease by 36 . Most of the traffic in this area would take the new route . Chairperson Stotz asked if that is the case , why are not people using Jessup Road . If people wanted to get to Community Corners coming from Central Campus they could use the existing Jessup Road . Why would the affect by zero? Ms . Wolf stated that some people do choose to use that route . Chairperson Stotz stated the point was that the traffic was going to be decreased through Forest Home . Ms . Wolf stated that they looked at the existing conditions . The traffic engineers stationed people at the intersections and took actual traffic counts of the existing conditions during peak hour. This is how they determined peak hour. They have traffic counts for how many cars were taking each turn at each intersection . Then they looked at how many new employees would be working in the community commons . Of the new employees , they looked at how many employees would be working the 9 : 00 a . m . to 5 : 00 p . m . shift . They also looked at how much additional traffic that was thought to be generated by the community commons . In general , they do not think that the dining facility is going to generate much traffic. It is all freshmen living on North Campus . Most people do not want to eat with the freshmen . People are able to drive and eat there if they choose . It is not going to be a big draw for people who are driving . The bulk of the people would be walking . They added the new estimate of cars driving to the facility to the existing traffic stream . The traffic engineers evaluated the new routing options to get estimates . Mr . Niefer asked how many additional cars are going to be added to that particular area involving the freshmen . There will be 500 new rooms . How many automobiles are anticipated to be on North Campus? Ms . Wolf responded that they did a very detailed analysis of that . They know how many students have cars registered in the CC- Lot . They also know that campus wide for the last 10 years how many freshmen bring cars to campus . There is a clear pattern . They have a good handle on how many freshmen they can expect to bring cars . Once the upper classmen are moved off North Campus , they have estimated that the same number of freshmen will bring cars to campus as they currently do . The beds on north campus increase , the number of cars being brought stays almost exactly the same . The reason is that more upper classmen bring cars to campus . Freshmen bring ZONING BOARD OF APPEALS PAGE 9 FEBRUARY 9Y2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED cars to campus at lower rates . There is a much more aggressive push to discourage freshmen from bringing cars to campus . It is stated in the registration materials . They are aggressively promoting the transit service . The bus is coming right on site . The cost of student transit passes is being reduced . Under the existing condition there are 390 students who have permits to park in the CC= Lot . It includes 180 freshmen and 210 upper classmen in the existing conditions . In the proposed condition 400 cars are projected . Mr. Ellsworth asked how many new employees are going to be parking in the parking lot next to the community commons . Ms . Wolf stated that the worst case is during 9 : 00 a . m . to 5 : 00 p . m . There would be 60 cars . This was determined based on a detailed analysis that assumes a certain percentage of employees will park in the A- Lot , which is free or will use transit . Employees will have to buy a permit to park in the lot . Mr. Ellsworth stated that only 10% are going to go north . Chairperson Stotz stated that in the materials submitted to the board , there was a comment by the University that if the Cradit- Moore House were to remain on its current site , it would not be considered habitable. Could the criteria for habitability be explained ? Ms . Wolf replied that there is a consensus that if the house were to remain , it would not be a desirable location for a single-family residence because of the level of recreational activity. Chairperson Stotz asked Mr. Frantz if he recalled the statement of habitability. Mr. Frantz stated that he does not recall anyone saying that the house would be inhabitable due to the project . The position taken by the University has been that it would not be a desirable location for a family to live given the proximity to the new recreation fields and dormitories . Chairperson Stotz stated that the University as a place that would not be an ideal location for a family considers the Moore House . There are families that live in the Hasbrouck Apartments a few feet across the road . Mr. Frantz stated that there are families at the Hasbrouck Apartments . For the University to meet its program requirements , it is physically and technically possible to fit all the elements on the site . It would be done at the sacrifice of most of the landscaping on the Moore House site . There would be a 10 to 12 foot high retaining wall 25 to 35 feet from the house . What would you have left of the Moore House and its site? Chairperson Stotz stated that it has nothing to do with the soccer fields and its use . It has nothing to do with the crows and noise . Does not that apply to the people who live across the street? ZONING BOARD OF APPEALS PAGE 10 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Ms . Wolf responded that part of the issue is that people are living in the apartments for a short while . They know it is a temporary condition . The goal is to have a family in the house that is going to really lovingly take care of the house and give it the level of maintenance that it deserves . It is one thing to live at Cornell while you are a student . The kind of investment that people would like to see is that house is maintained at a high level . It is not in a residential neighborhood . Mr. Frantz stated that the nearest front door of the Hasbrouck Apartments is about 130 feet from the nearest corner of a soccer field . It is at least 15 feet higher. It is a much different view than from the Moore House . There is a 10 to 15 foot high embankment from the apartments . They will be looking out over the fields . They would not have nearly the same noise or visual impact as someone living in the Moore House . Ms . Dutcher stated that she is the Director of Recreational Services at Cornell University. Recreational Services includes the fitness centers , wellness , aerobics , and intramural sports . She is in charge of scheduling Helen Newman Hall . Children grow up with age group sports . High school Physical Education classes involves yoga , aerobics , outdoor adventure games , and cooperative activities . Cornell students come expecting these activities to be available . College administrators need to pay attention to those . There are many studies that colleges have done . Bowen Green gave a list of 17 reasons why they choose to attend their college . Their recreation center was the number 4 reason . The University of Arizona did a longitudinal study of their freshmen . They found that freshmen that came into their fitness centers and participated in at least 2 recreational activities per week had significantly higher grade point averages than those who did not . Cornell students are very active . They come expecting to be able to continue the activities and further them . There were 140 teams entered in the soccer tournament . Students get a sense of physical well being . Cornell is very competitive and very stressful . The recreational activities serve to reduce the stress that students feel . Through recreation they are able to provide unique opportunities for faculty, staff and students to interact . It is Cornell ' s obligation to continue providing these . One of the most popular recreational activities occurs on the Helen Newman fields . These fields are the home to 11 of Cornell University sport clubs . They are used for intramural sports . They are the only fields on campus that a student or community group can reserve . The last activity that they had on the fields in the fall was a softball game with the Dean of Students office staff playing the Student Government staff. The fields are packed throughout the school year with student activities . In the summertime the fields are used extensively by the summer sports camp program . Thousands of people use the fields in the course of the year. This plan calls for replacement in kind . They are trying to be a responsible neighbor in providing activities for students . Cornell wants to keep students on campus so that they are not in other town parks , fields and the backyards of elementary schools taking areas away from other town groups . Thousands of people have been using the field since 1963 . Chairperson Stotz asked if the fields are available for public use. Could a town soccer league use the fields? ZONING BOARD OF APPEALS PAGE 11 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Ms . Dutcher responded that it is for the Cornell community. There are activities on the fields that towns' people participate in . The fields are busy with Cornell activities . Chairperson Stotz asked if the people living in Hasbrouck are allowed to use the fields . Ms . Dutcher responded yes . The children of the groups do come over to the playing fields . Chairperson Stotz asked if there would be organized games where there would be an audience . Ms . Dutcher responded that the field directly in front of Helen Newman is the home field for the Rugby team . They have regular games on the field . Chairperson Stotz asked how large are the crowds . Shannon Gallagher, Cornell University, stated that at regular season games they have 30 or 40 fans . During regional play they have 60 or 70 fans . It does not include fans . Ms . Dutcher stated that the majority of the fans are students . Mr. Niefer stated that the board received a copy of the Cornell memorandum to the Dormitory Authority. In the memo there are items mentioned that Cornell University will be doing in connection with the relocation of the house . There was also a draft proposal attached of mitigation measures . It goes into a significant amount of detail of what needs to be done . From what has been said , Cornell is making available to Historic Ithaca $40 , 000 to do certain things . The Moore House draft of proposed mitigation measures is unclear to some extent of how some of the items are to be paid for. Is the cost over $40 , 000 the responsibility of Historic Ithaca? This includes a new roof , repairs to the chimney; the house would be provided with new heating , plumbing , electrical , branch circuits windows and doors . Is it anticipated that Historic Ithaca is going to be able to do all these items for $40 , 000? Mr. Kiefer responded that there are two sources of financing for all the work that they have agreed to do on the Cradit- Moore House . One is Cornell Is contribution and the other is from the sale of the house to the final owner. The Moore House will be sold to a family. Cornell will provide all additional financial resources that are required to execute the items agreed to . They are not looking to have Historic Ithaca to contribute any financial resources . Mr. Niefer asked if these items were to exceed $40 , 000 , then Cornell University will cover the cost . Attorney Barney stated that they are covered to the extent that they are not covered out of revenues of sale from the house . ZONING BOARD OF APPEALS PAGE 12 FEBRUARY 912000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Mr. Niefer asked if there are going to be document drawn up to put these understandings between the parties in writing . Attorney Barney stated that there is going to be a Declaration of Covenants that is going to be signed by Cornell University as part of their obtaining building permits . The declaration incorporates the requirements of restoring the house . The covenant is going to be placed on the land as well . The Planning Board conditioned its approval on the Moore House being moved to the Pleasant Grove Road site . Mr. Krantz stated that there is a little doubt that the National Registry would accept the Moore House in the condition it is in . Mr. Kiefer stated that he is not an expert in that area . Mr. Krantz stated that they have applied , but never been accepted . It is interesting that they had never applied before . The house is going to come out a winner because it will be fixed up . Chairperson Stotz asked what is the thinking on the degree to which removing a historical house from its context and historical site . It depreciates the historical value . Mr. Kiefer stated that he has had the discussion with Carl Stearns . Mr. Stearns stated that they look at the existing site and the site around it . They look for the significant changes that have occurred that changes the setting for the house . It tends to make them look favorably on relocation to a site that is more similar to the original site . They look at the ultimate reason why the relocation took place . Chairperson Stotz stated that as this project moves ahead there is not many contexts left for the house . Ms . Wolf stated that they originally thought that the row of the large sugar maples north of the house would need to be removed . As the plans have evolved , most of the trees will be preserved . The naturalized hedgerow to the north will also be preserved . From the road , the landscape in the area will not appear that different than it currently does . Chairperson Stotz asked if the fir trees would be preserved . Ms . Wolf stated that the tree to the south would be removed . The one to the north is questionable . They are going to try their best to preserve as many plantings as possible . Attorney Barney asked if the board would state any affiliation they have with Cornell University. Chairperson Stotz stated that Cornell University employs him on a part-time status . He has been an employee for many years . He is the business manager for Southeast Asia Publications . ZONING BOARD OF APPEALS PAGE 13 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Attorney Barney asked if he was involved in any way with this project . Chairperson Stotz responded no . Attorney Barney asked if his vote on this project would influence his relationship at Cornell . Chairperson Stotz stated that he has not been approached by anyone at Cornell . He has not approached anyone at Cornell University. Mr. Sigel stated that his wife is a professor at Cornell University. Attorney Barney asked if her position would be influenced in any way by his vote . Mr. Sigel responded that to his knowledge it would not be influenced at all . Mr. Niefer stated that he has not connection to Cornell University or does anyone in his immediate family. Mr. Krantz stated that he or his family does not have a connection with Cornell University, Mr. Ellsworth stated that he has no business with Cornell . He has two sons that graduated from Cornell University. Chairperson Stotz opened the public hearing at 8 : 30 p . m . Doug Brittain , 135 Warren Road , stated that this is a controversial plan . He hopes that the board will consider this matter carefully. See Attachment #1. There are no buildings being constructed in the Town . Two dormitories and a cafeteria do not count as educational uses . Therefore , it in incumbent upon Cornell to demonstrate that this is in the public interest . He has heard them say it is in the interest of Cornell . It is not in the interest in the Town of Ithaca . Town is getting parking and playing fields as accessory uses to the buildings . It is not in the Town ' s interest to move the Moore House , Mr. Brittain stated that he does not understand why the community needs 104-space parking lot . Clearly it does not . Cornell does . It is a private need for the University, but in order to obtain a special approval , they need to show that it is a community or neighborhood need being served . The fields are designed for Cornell . It fulfills their needs . Seventy thousand cubic yards of earth will be moved to the North Campus Residential Initiative site . More than half the fill is for the playing fields . If that much fill needs to be brought in , maybe it is not an appropriate location for the fields . It is the greatest slope on the lot . The fields would be better off in their current location . He is not sure that the ground is reasonably adapted to the proposed use . ZONING BOARD OF APPEALS PAGE 14 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED There are site plans that include the fields and the Moore House . Cornell considered the playing fields being 100 feet away from the Moore House an unacceptable . The Hasbrouck Apartments are 100 feet away. Young married students tend to have young children . It may not be a problem for them . In the same case it would not have been a problem for the Moore House . Mr. Brittain stated that he has Bachelors in Mechanical Engineering and a Masters in Technology and Policy. The traffic analysis in the draft Environmental Impact Statement was for peak hour flow only. It looked at a . m . peak and p . m . peak . They did not study or model traffic flow during other times of the day. They did not model it . Forest Home will have increased traffic throughout the day. They counted how many cars go in and out of the parking lot in the evening next to Helen Newman Hall . They found it is approximately 600 trips per evening . The peak hour changes or reductions are swamped by off-peak changes . The parking lot is going to be moved into the Town . It will be accessible from the west and the east . People are now able to drive to the parking lot by going through Forest Home. They do not drive through Forest Home to get to the parking lot now. By having the parking to the right end of the road , it encourages people to drive to Forest Home get there . It will be the same during the evening . If the parking lot were to the west , people would travel through campus to get to the parking lot . It has not been modeled and analyzed . It would be nice to have something more positives . Cornell University could be back with a better plan if the board encourages them to do so . Bruce Brittain , 135 Warren Road , stated that he has a picture of the small creek that flows beside the south side of the Cradit- Moore House . See Attachment #2. The natural surface contours were established thousands of years ago . They are clearly evident upstream . When the Hasbrouck Apartments were put in , the Town did not have laws to protect little streams . Unfortunately where Hasbrouck is it was eliminated . Within the draft Environmental Impact Statement , appendix 2 , it shows the original contours . It can be seen where the creek ran through the Hasbrouck complex. It comes out and runs beside the Cradit- Moore House . The draft Environmental Impact Statement contains a letter from Earth Dimension Inc dated from February 1999 . They were asked to investigate the creek. They concluded that it was not a federally protected wetland . A US Army Core of Engineers permit is needed in order to work in the area . Mr. Brittain stated that they are not trying to determine if it is a Federal wetland or if it is a waterway. They are trying to determine if it is a natural surface water drainage way. There is a Town law in affect to protect such drainage ways . The law does not state that the applicant should submit an adequate drainage plan or that surface runoff from the site should be mitigated . The law is written is that in granting special approval the Zoning Board of Appeals shall determine that natural surface water drainage ways are not adversely affected . Unfortunately this creek is going to be destroyed . This site plan does not meet some of the special approval criteria . They ask that the project be sent back to the Cornell planners and come up with a plan that will work. They would like to see conditions put on the approval . See Attachment #3. The way that the law is written an impact does not need to be proven in order to put on a condition of approval . ZONING BOARD OF APPEALS PAGE 15 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED The Moore House is and has been eligible for listing on the National Register . Cornell is trying to retain it eligibility. Cornell is required to retain its eligibility. If Cornell uses any State or Federal funding in the project that adversely affects the house then they have to follow the State Historic Preservation Office rules . It is possible to preserve the house , the fields , and the yard without retaining walls and removing the trees . It is not Cornell 's first choice . It is possible . Mr. Krantz asked how many weeks a year does water flow through the creek . Mr. Brittain responded that he does not know. It is an intermittent stream . George Conneman , 197 Christopher Lane , stated that Preliminary Site Plan Approval was granted by a vote of 4 to 3 in favor of approving the project . The 3 individuals that voted against the proposal felt strongly about parking and traffic . They felt more strongly about moving the Cradit- Moore House . He feels that Cornell did not work very hard to keep the house in its present location . There are a lot of opportunities for adaptive reuse of the house . If the house had been offered to programs at Cornell with some money, then some departments would have been willing to occupy the house . Duke University has their Latin American studies in old houses . The Town Board explored the question of using the house . It was clear that in questioning Mr. Kiefer, the looked at a list but did not offer any money. The 3 individuals who voted against approval put more weight on the arguments made by Nancy Brcak than the arguments made by Carl Stearns , Mr. Stearns is someone that Cornell pays to put forth their proposal . Ms . Brcak had the opinion that site is very important . That leaving the house was part of preservation . Moving the Moore House does violate in principle the Town of Ithaca Comprehensive Plan on the protection of historic sites and structures . He feels that the house should not be moved . Someone asked a question about Cornell 's record on preservation . Mr. Kiefer was quoted in the paper as saying that Cornell has poor record when it comes to historic preservation and that they would let the house rot if forced to keep it on site . It is a bad attitude . Joel Harlan , Dryden , stated that he couldn 't understand where the equalization is for the community. Cornell gets what they want. They are snowballing everyone . When it comes to the community there is a moratorium on drive-through . They are trying to defeat Southwest Park, West End , Inlet Island . What is the problem when it comes to Cornell ? Is it money? They get what they want . Why cannot the community slow down Cornell until the community can catch up with them ? Chairperson Stotz asked if Mr. Harlan has anything to say about this project . Mr. Harlan responded that the Moore House should not be moved . It is too many chiefs and not enough Indians . Chairperson Stotz asked why he does not want the Moore House should be moved . ZONING BOARD OF APPEALS PAGE 16 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Mr. Harlan responded that it is an old house and they should have it on their property. This is a communist town run by a bunch of puppets from Cornell . The dictator is Cornell and the Town does not stand up to them . The community cannot have anything for themselves . The project needs to be slowed down until the community catches up with themselves . Shannon Gallagher, 127 Linden Ave , stated that she is the ex- President of the Women 's Rugby team . She has played rugby for 8 semesters . She has used the 3 fields at least 4 times a week every semester. The Women 's Rugby team is one of 11 club sports that use the fields for practice and competition . They are the New York State Champions 4 years running . Her freshmen year they had difficulties being allowed to use the fields for competition . They drove to Lansing . This meant hauling 40 girls every Saturday in students' vehicles to Lansing to play on fields that were not supervised by EMS , Cornell Staff . There were no locker rooms , ice , or telephones . It does not promote a community. This issue is about community. These fields create a neighborhood for all Cornellians . They get people to come out from the dorms to cheer them on . They are hoping that they will be able to get their own players to practice easier with the new bus route . The parking next to the fields are reserved for employees until about 10 : 00 p . m . It makes it hard for people who do have cars . Sport teams promote leadership on campus . There are 9 new officers each year . They are role models for their piers . It promotes organization . They have to schedule their own games , lime their own fields , coordinate with other teams . It is an excellent way to learn how the University works . It does boost self-esteem . Rugby promotes a proper image of a strong , athletic woman . It is not different for men who play soccer or rugby. People want to see kids playing and having fun . The fields are the backyard to the dormitory. They are appropriate for residential living . It would be impossible for her to separate her experience at Cornell from her experience with Rugby. The two smaller fields can be used for practice . They need the third field to be regulation size for games . It needs to be in the proposed direction so that the sunlight is not in one's eyes . The retaining wall would be dangerous for players and fans . There needs to be 5 meters outside the field for safety. It is her backyard . She needs the third field . Stan Seltzer, 228 Forest Home Drive , stated that he considers this project part of his community. This community does not just belong to the students . The most extravagant claim is that the goal of this project is to enhance traffic . If Cornell came before the board with a request to move the Cradit- Moore House so that they could move playing fields to build a parking lot , would the board find that it was detrimental to the neighborhood ? Would the board find that it fills neighborhood and community needs? Would the board find that it is consistent with the neighborhood ? Does Cornell really need the parking lot? The need for the parking lot is not consistent with the claim it will decrease traffic in Forest Home . It does not add up . If the board finds that these are troubling , then the board may decide it is not appropriate . The Moore House is going to be relocated in a dip . The Moore House is at the top of the hill . The location is significant . It was built there because Cradit was the mill owner. The mill owner put his house on the hill . The workers had their houses down below. ZONING BOARD OF APPEALS PAGE 17 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Ms . Dutcher spoke to her obligation to defend the playing fields and preserve playing fields for Cornell . He asks that the board carry out their obligations to the citizens of the Town of Ithaca . This is a community. The zoning regulations are in place to protect the community. Pete Loucks , Forest Home , stated that the frustration that Forest Home has had is the difficulty in working with Cornell to get their objective accomplished as well as the community' s . It has come to a debate at Town meetings . There is an organization in Forest Home called the Forest Home Improvement Association , The Association is attempting to mitigation traffic. They hope that they will be able to work with the Town and Cornell on traffic mitigation . Susan Pliero , Cornell University, stated that she has taught thousands of students at Cornell University. She is a faculty advisor of a club sport . She became involved because her children were in the sport . She continues because she believes in the importance of sports . It is great for their development. Students are well , physically, mentally and emotionally make good citizens . Good citizens make good neighbors . If they are not playing baseball , they are sometimes staying up late drinking . They are going to recreate in some way. It is not just an advantage for the students of Cornell . It is an advantage for the community. Ms . Pliero stated that she does try to ride her bike to work . Two years ago she was hit near Helen Newman Hall . Since then she has been afraid to ride her bike on campus . With an improved roadway with a bike lane it would be more attractive for her to leave her car at home . Adam Holler, 210 Lake Street , stated that when they go to class they tend not to associate with the people that they see in their classes . They tend to sit in their groups that they have formed since their freshmen year. They have to associate with the people that are their opponents when they are on the intramural fields . The playing fields make everything level . It gives them new experiences . The fields allow them to meet different members of their community. It enables them to see different clubs . Some people are not aware that there is a sailing club . It allows students to broaden their experiences . Everyone is on equal grounds . Chairperson Stotz closed the public hearing at 9 : 13 p . m . Chairperson Stotz asked Mr. Frantz if he had any comments regarding the issues that have been raised . Mr. Frantz stated that one thing that was pointed out was the question of whether or not the athletics fields are fulfilling a community need . In 1996 and 1997 he wrote the Town 's Park , Recreation and Open Space Plan . One of the things that they factored into the plan and in their determination of what the Town is going to need in the coming decades for its park and recreation system is the fact that there is about 4 , 500 Cornell University and Ithaca College students who have access to this type of facility. They represent about 22 % of Town residents . They have these facilities available to them at Ithaca College or Cornell University, the Town was able to reduce the amount that the is expected to invest in park and recreational facilities . The facilities may not be ZONING BOARD OF APPEALS PAGE 18 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED open to the general community. The fact that they are available to the students means that it is not incumbent upon the Town of Ithaca to develop such facilities . They have spent a lot of time going over traffic analysis . The original Cornell design had the through road as a restricted access road . It was only going to be available to emergency and service vehicles and buses . That proposal had tremendous negative implications for traffic through Forest Home . It is pointed out in a letter from the Town to the City of Ithaca . Cornell is claiming to reduce traffic. In the draft Findings Statement , the Town assessment is that the project is likely to induce small to moderated increases in traffic through Forest Home . The Town is not convinced it is going to reduce traffic . Mr. Frantz stated that he has not encountered development that reduces traffic . The project is expected to have a small or moderate environmental impact with regards to traffic on the Forest Home community. They are not so concerned about the nighttime traffic through Forest Home because the primary generators of the traffic on Central Campus would most likely be the libraries . The vast majority of undergraduates studying in the library are going to be studying towards the western end of the campus . The majority of nighttime traffic to and from Helen Newman Hall and community commons will be coming from the west and leaving towards the west . It is not going to be a large increase . The major impact is going to be towards the west . Hasbrouck Apartments is an adequate distances from the playing fields . They do not see the residents being adversely impacted by the project . These fields are not going to be used for varsity sports . They are not going to have the same noise impacts of a new soccer and track complex. No public address or amplified sound systems are proposed . There is no lighting . Mr. Frantz stated that he looked into the creek beside the Moore House . They have USGS topographic maps going back to 1901 , 1949 and the 1950s . No streams ever showed up on those maps or other older maps in the Town . No stream is apparent on a 1938 aerial photograph . It shows a site with Balch Hall and the Moore House . It appears that the primary function is to carry storm water from Hasbrouck Apartments . It daylights on the west side of Pleasant Grove Road . It flows about 450 feet toward Sission Place . On the old maps , the shallow ravine continues about 3 , 000 feet west. Once the water enters the pipe at Sission Place it might enter the Cornell and City water storm system or it maybe diverted into Fall Creek. The natural surface water drainage ways are not adversely affected . Chairperson Stotz asked if the traffic study was done during non -peak hours . Ms . Wolf stated that there were actual traffic counts taken off- peak at the various intersections . Projections were made . This was done at the time the original proposal was put forth . The original proposal was that there would not be a through road . The original proposal was to enter from South Balch , turn around and exit or enter from Pleasant Grove Road , turn around and exit . There were projections made for how it would be distributed off peak . The through road with two-way traffic was then offered as mitigation in response to the concerns of Forest Home . The through road mitigates all of the traffic impact of the original scheme . The traffic analysis is that it has the potential to slightly reduce traffic in Forest Home . It would have the same affect during off peak . It is the ZONING BOARD OF APPEALS PAGE 19 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED same principle . There is a new way to get from Pleasant Grove Road to Central Campus . The option is going to provide some relief . Mr. Frost asked if they knew when Pleasant Grove Apartments were built . Were the traffic studies done when Pleasant Grove Apartments were occupied ? Ms . Wolf stated that the traffic studies all assumed the apartments were gone . Mr. Frost stated that there is a dramatic decrease by the elimination of the apartments . It may offset what some may argue as going to be an increase in traffic . Over 100 dwelling units were eliminated from the site . Mr. Frantz stated that the demolition of apartments did not result in any real reduction in traffic because in 1992 the expansion of Hasbrouck Apartments was a replacement of Pleasant Grove . The analysis has always been that the demolition of Pleasant Grove has not resulted in any reduction in traffic. The apartments were replaced in total . Chairperson Stotz stated that there are going to be cases where people will be located on the upper end of campus that will go through Forest Home to reach the new parking lot . It is reasonable to say that at least during off peak hours there might some increase in traffic through Forest Home . Mr. Frantz stated that there would be about 20 cars per hour during the period 5 : 00 p . m . and 11 : 00 p . m . Chairperson Stotz stated that people who have always opted to cut across on Jessup Road to reach Community Corners has always been available . Another road is being constructed that is almost parallel . How does it encourage more people to use the route? The addition of the new road is not going to make any difference to those who use Jessup Road . How does this encourage people to do something in a situation where the opportunity already exists ? Ms . Wolf stated that it is more direct . This is a straight direct route compared to the Jessup Road route. People who are arriving on campus get lost in Forest Home . There is going to be a to direct people to Central Campus . It will be a more apparent entrance to campus . There is a sign on Pleasant Grove Road directing cars to Central Campus . The sign is repeatedly being vandalized . The current sign does not direct towards Central Campus . The new intersection will be signed Central Campus . Visitors are more likely to be captured by the sign . Mr. Krantz stated that in his opinion it is the Town 's interest and benefits the general welfare of the entire Ithaca community to have and maintain a viable University with content students and conveniences . The community has to expect the University to grow and change . It affects anyone in the Town . Rehabilitating and restoring the Moore House in the infinite detail that is proposed at great cost seems much better for the Moore House than leaving it in a relatively decaying , neglected state that it has been in for years . No one before last year tried to put the house on the National Registry ZONING BOARD OF APPEALS PAGE 20 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED of Historic Homes . At least the condition of the house is going to be improved even if it is not on the same site . The intermittent flowing stream through the side yard of the Moore House is pushing a point to say that it will adversely affect the natural surface waterways . Chairperson Stotz asked if the findings would need to be read . Attorney Barney stated that he assumes that all board members have read the findings . If someone has a specific concern , comment or change , then they should be discussed . It does not need to be read verbatim . Mr. Sigel stated that he does not understand the applicability of "g" in the Findings Statement . It appears that it was written for the Planning Board . That type of review is the responsibility of the Zoning Board of Appeals . Mr. Frantz stated that the reason it was included was because there was concern raised during the review of the draft Environmental Impact Statement about storm water runoff and should construction take place during the winter and spring . Chairperson Stotz stated that the amount of traffic going through Forest Home bothers him . It is surrounded by Cornell and is getting heavier and heavier traffic. The University is developing around it . Forest Home is in a very precarious situation when it comes to traffic . They have seen in other parts of the greater Ithaca community when traffic increases beyond a certain point it no longer becomes a very desirable place to live . This is going to add incrementally to the traffic problem . It might not be by a significant amount , but by a little amount . He would be in favor of asking the University to do some sort of traffic analysis after the project is complete with some baseline before the construction is completed . This would show if there was an increase in off- peak traffic through Forest Home . If there were , then some measures would need to be taken for traffic abatement . Mr. Krantz stated that he agrees with Chairperson Stotz, Cornell University has a shown a mark in sensitivity many times to the needs of our community. He wishes that there could be something that the board could draft so that they were forced to meet with the Forest Home community to try and alleviate any potential problems . Chairperson Stotz stated that Cornell has met with the Forest Home community many times . Chairperson Stotz stated that if the Moore House were to remain and Cornell University does go through with the project , the net result will detract from the house . Moving the house is not a perfect situation , but at least the house is preserved . It is preserved in a setting that at least approximates its prior setting . Mr. Sigel stated that his primary concern is traffic . Unfortunately, the through road was arrived at after the bulk of the traffic studies were complete . It seems clear that traffic flowing from the ZONING BOARD OF APPEALS PAGE 21 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Community Corners area to Cornell the alternate route can only be a good thing and should only draw traffic away from Forest Home . It does provide an alternate route to get to Central Campus to North Campus . One thing that helps in one way can hurt in another. It would be interesting to see a study after the project is complete . Mr. Niefer stated that to ask for an after the fact study would not be inconsistent with the Lake Source Cooling Project . Cornell is expected to continue to model changes . The board is similarly asking that the traffic be studied . Ms . Wolf stated that the scheme of the through road with two-way traffic was modeled as one of the alternatives . The draft Environmental Impact Statement was prepared on the original scheme which allowed for two cul-de-sacs from either direction . This was alternative 1 . In the public review process , the primary comment that was received that the preference was for circulation alternative 1 because it was seen as mitigating the traffic impact . This was modeled as one of the alternatives evaluated . It was requested by the community as a mitigative measure . Mr. Sigel asked if it was modeled peak and off-peak. Ms . Wolf stated that it was not modeled off-peak because at the time they modeled off-peak , they did not know that they would result with this scheme . They were not requested as part of the scope to model all of the scenarios . They later went back to the engineers and asked them the implication of the off-peak of this scheme . Their evaluation was that this was providing a bi-pass and alternative . It would divert some traffic from Forest Home at all times of day. Some people would choose the new road as an alternative . They have never denied that this will generate some traffic . It is seen that the traffic will be off-set by providing the additional route . Mr. Sigel stated that at a certain time of day there might be traffic through Forest Home created , but there is an off-set in decreasing traffic that would have gone through Forest Home , Chairperson Stotz stated that there maybe a reduction in traffic during peak hours through Forest Home , but there maybe an increase in traffic at off-peak hours . Heavy traffic is heavy traffic . It is great if traffic is reduced at any point , but if it is increased it is a problem . Mr. Sigel stated that Ms . Wolf stated that they anticipate traffic to be lower at all times through Forest Home . Ms . Wolf stated that the project is that there would be a slight decrease . Chairperson Stotz stated that is the point of difference . Ms . Wolf stated that it can be argued very safely that the scheme mitigates the impact of the project . ZONING BOARD OF APPEALS PAGE 22 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Attorney Barney stated that Cornell Lake Source Cooling has a 5 -year renewable permit with New York State Department of Environmental Conservation . The reason for having the post construction study is that if something turns up , it can be utilized in discussions with New York State Department of Environmental Conservation to see what would be done to correct it . He is not sure that there would be that opportunity here . Once approval is given and it is constructed , it is not clear how to make changes . Mr. Niefer stated that the next time they come for another project , if the traffic situation were significantly different , it would raise an issue of credibility of the studies they have made . Attorney Barney stated that he does not think that any traffic consultant can say that they know for a fact that a particular project will generate a specific number of cars . There are many things that generate additional traffic that does not have to do with this project . The development in Lansing could have an affect on traffic through Forest Home . He does not think that there is any way to tell that the increase in traffic resulted from this project . The board needs to take the estimates as they are and rely on the experts . Mr. Frantz stated that he is concerned that there are so many variables affecting Forest Home . Cornell is the major traffic generator locally. Forest Home is impacted by where the 10 , 000 employees of Cornell come from . He does not know how they could have anything that would be enforceable . Chairperson Stotz stated that they could have an open ended statement to provide funding for traffic abatement in Forest Home . Putting up a sign would be traffic abatement . Would there be anyway to show that off-peak traffic through Forest Home after the project has completed is increased ? Attorney Barney stated that traffic without this project in Forest Home will very likely increase . Chairperson Stotz asked Mr. Frantz if it would be feasible to do what the board has suggested . Mr. Frantz stated that it maybe feasible , but he is not sure what the gain would be . Since 1988 there has been at least 3 attempts of abating traffic problems in Forest Home . Traffic in Forest Home is a critical issue . There are many variables that contribute . Chairperson Stotz asked what are traffic abatement measures . Mr. Frantz stated that it could be many things . It could be a bi -pass . It is unknown what traffic abatement would be appropriate . There has been 3 attempts at trying to come up with a community decision . Chairperson Stotz asked if Cornell police have jurisdiction in Forest Home . ZONING BOARD OF APPEALS PAGE 23 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Attorney Barney stated that they can arrest adjacent to campus . They cannot go beyond it . the Town might have entered into an agreement with the safety division to police portions of Forest Home . normally the campus police are limited to on campus . when the Town first adopted a Local Law prohibiting trucks there was some policing done by State Police . The way to approach it is to make some effort to get more policing in Forest Home . Mr. Frantz stated that it is a Townwide problem . Attorney Barney stated that to the extent that Cornell is the violator that public persuasion has some affects . If someone video tapes trucks with Cornell written on them and send it on to the traffic division with the indication that the next copy is going to the Ithaca Journal , it might create some effort to monitor the situation . Chairperson Stotz asked where is the maintenance facilities . Mr. Frantz stated that it is located in the orchards . Grounds and life safety are in the orchards . Chairperson Stotz stated that it would be reasonable to assume that those departments would be very tempted to go through Forest Home . Mr. Kiefer stated that it would depend upon where the trucks were heading . Mr. Krantz asked if would be appropriate to include that it would be expected that sufficient measures would be taken by Cornell University to counter act any increase in traffic count in Forest Home after discussion with Forest Home residents . Chairperson Stotz stated that it would only be a discussion . Cornell University could prohibit the transit of official Cornell vehicles through the Forest Home area . Attorney Barney stated that it is heavy trucks that is the problem . Chairperson Stotz stated that there could be a condition that Cornell will create a policy to prevent its own trucks from going through Forest Home . Mr. Frantz stated that the law is that no trucks over 5 tons are to be driving through Forest Home . That leaves the pick- up trucks and caravans . Attorney Barney stated that the board needs to adopt the Findings Statement first . Mr. Frantz has drafted a Findings Statement , Attorney Barney stated that he has drafted findings related to the special approval . Resolution No. 2000=7 - North Campus Residential Initiative Adoation of Findings Statement. MOTION made by David Stotz, seconded by Kirk Sigel. ZONING BOARD OF APPEALS PAGE 24 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED RESOLVED, that this board adopts the State Environmental Quality Review Findings Statement for the Cornell University North Campus Residential Initiative, at Pleasant Grove Road, south of Jessup Road, Town of Ithaca Tax Parcel No, 67= 1 - 1 . 1 , 68- 1 = 11 . 1 , - 11 .2, and — 12. 2, Residence District R-30. A vote on the MOTION resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel. NAYS: None. The MOTION was declared to be carried unanimously. Mr. Sigel stated that "a" and "b" of the special approval talks about educational uses are presumed . If it is read with a strict interpretation , it says buildings . These are not buildings . It would appear to require that this part of the project must meet those criteria . Are those criteria more broadly interpreted ? Attorney Barney stated that the language in the Zoning Ordinance that talks about educational buildings is a reflection of what the case law has evolved over the years . If there is an educational use that it is considered to fulfill a community need . There is an educational use . Cornell is part of the community and the students are part of the community. Mr. Niefer stated that the amount of housing that has increased on campus is a factor in the reappraisal of properties in the community. The growth of campus housing has had a negative impact on the value of real estate . The overall impact of these projects is detrimental to the community. Chairperson Stotz stated that it is in the City. Mr. Niefer stated that it affects the community in general . Attorney Barney stated that the community surrounding College Circle Apartments did not want more students in their backyard . They were chastising Ithaca College for not building more dormitories . Mr. Frost stated that a community is not defined by municipal lines . Mr. Frantz stated that this will impact certain types of student housing . The private new apartment buildings in Collegetown have adversely impacted the community. Mr . Niefer stated that the University operations is in direct competition with the private enterprise . It is not a level playing field . ZONING BOARD OF APPEALS PAGE 25 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED Mr. Frantz stated there is also the opportunity to restore some of the neighborhoods that have been lost to student housing back to family housing . There are committees that are looking at ways to convert some of the large apartment houses back into family housing . Mr . Krantz asked if they are going to include a requirement to have Cornell do a traffic study after the project is complete . Mr. Sigel stated that even if the study is made , how do you attribute the traffic to what . It will be more appropriate at the time of another project to evaluate the traffic again . It makes sense that this is not going to add a substantial amount of traffic . Attorney Barney stated that the board is allowed to impose conditions that have some relevance to the matter before the board . Mr. Sigel stated that they board cannot enforce mitigation . If the traffic is from another source it is difficult to show where the traffic is coming from . RESOLUTION NO. 20004ADOPTED RESOLUTION RESOLUTION NO. 2000=8 - FINDINGS AND DECISION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF ITHACA NORTH CAMPUS RESIDENTIAL INITIATIVE SPECIAL APPROVAL. MOTION made by Kirk Sigel, seconded by Ronald Krantz FINDINGS OF FACT 1 , Petitioner, Cornell University, filed an appeal requesting a special approval from the Zoning Board of Appeals under Article V, Section 18 and Article XIV, Section 77, of the Town of Ithaca Zoning Ordinance, to be permitted to construct three recreational fields, four tennis courts, 104 spaces of a 130 space parking lot, associated walks, landscaping and lighting, and to relocate the Moore House, all on portions or all of tax parcels 67 1 - 1 . 1, 68- 1 - 11 . 1, 68- 1 - 11 .2, 68- 1 - 12. 1 , 68- 1 - 12. 2 and 68- 1 - 13 on Pleasant Grove Road south of Jessup Road. The area is zoned Residence District R30. The requested construction and relocation are part of the University's North Campus Residential Initiative pursuant to which a number of dormitory and other physical facilities are being constructed in the City of Ithaca. The facilities in the Town are intended to complement and be an integral part of such Initiative. 2, On February 9, 2000, a public hearing was held regarding the application at which time the applicant appeared, with its consultant, Kathryn Wolf and others in support of the application, and members of the public appeared, several of whom were opposed to the application. 3. The Planning Board of the Town of Ithaca has granted preliminary site approval to the project and has recommended the granting of the requested special approval. ZONING BOARD OF APPEALS PAGE 26 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED 4. The area in which the proposed facilities are to be located is a large open area adjacent to and east of several existing campus buildings, including Newman Hall, and several residential dormitories and apartments. The property to the east, across Pleasant Grove Road is largely occupied by the Hasbrouck Apartments owned by Cornell and used for graduate student housing. The area to the north, across Jessup Road, is also owned by Cornell and occupied by apartment houses for students. The area to the south is owned by Cornell, and includes the Fuertes Observatory, Beebe Lake, and access roads to the Observatory. The closest residences to the site that are not owned by Cornell are located well north of the project on Pleasant Grove Road, and well south and east of the Project in Forest Home. Accordingly, the health, safety, morals and general welfare of the community in harmony with the general purpose of this Ordinance as demonstrated by the zoning and occupancy of the subject parcel and the surrounding areas will be promoted. 5. The area is presently open space, and the proposed uses will maintain the open-space nature of the property. The proposed recreational facilities include outdoor soccer fields and tennis courts, as well as walkways and bikeways. The new facilities are basically replacement in kind for currently existing facilities that are being moved to accommodate the new dormitory buildings. Over the years thousands of students have used the facilities each year. For these reasons, it appears the premises are reasonably adapted to the proposed use. 6. As indicated above, the proposed location for the facilities is in an area that is virtually completely educational in use. The proposed facilities are intended to complement and provide recreational space for the students that are and will be occupying the residential facilities nearby. The proposed facilities and parking is designed in a manner that is compatible with the surrounding educational residential buildings. Accordingly, the proposed use and the location and design of the structure is consistent with the character of the district in which it is proposed to be located. 7. Because of the surrounding educational uses and the relative distance to any residential facilities, and particularly substantial distance to virtually any single family residences, it is clear that the proposed use shall not be detrimental to the general amenity or neighborhood character in an amount sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. To the contrary, it appears that the addition of the recreational facilities will enhance an already attractive area and provide useful amenities to further the educational and recreational needs of the University. There was no creditable evidence provided that suggests that the addition of the Cornell Residential Initiative would alter downward the values of the surrounding real property. 8. The Town Engineer and the applicant's traffic expert have set forth their opinions regarding the design of the access to and from the proposed facilities. Traffic calming improvements have been included to keep the speed down and make the driveways as safe as reasonably possible. Further, changes to the plans have been made so as to encourage traffic to traverse the North Campus area rather than to stay on Pleasant Grove Road. The University has committed to encouraging further development of road systems on campus that would further alleviate traffic ZONING BOARD OF APPEALS PAGE 27 FEBRUARY 9 , 2000 APPROVED - APPROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED along Pleasant Grove Road. It is the opinion of the Town Staff, with which this Board concurs, that there may be a small to moderate increase in the traffic along Pleasant Grove Road. However the increase in traffic is relatively minor, and the design of the campus road permits the traffic to merge even with the slight increase. Accordingly, the proposed access and egress for all structures and uses is safely designed. 9. The movement of the Cradit Moore house has become a controversial issue. While not listed as an Historic Structure on the State Register, the Moore house does reflect a significant element of the history of this area of the Town. However, Cornell has agreed to provide funds to move the house to a location north of the project are on a site that will be compatible with its historic character, and to restore the house to use as a single family dwelling. Leaving the house in its current location would adversely affect the ability of the University to adequately place the needed recreational fields, and, once the project was completed, would provide a less than desirable site for the Moore House. Balancing Come/1's educational needs against the historic significance of the Moore house in it's present location, this Board finds moving the house and preserving it at a different location is the best solution. 10. As most of the proposed facilities are open spaces and recreational facilities, and since the design of the facilities utilizes the topography to absorb and direct surface waters in a manner that will not adversely affect the project site or surrounding properties, this Board finds that the natural surface water drainage ways are not adversely affected. 11 . The Board has made certain findings related to the SEQRA dated February 9, 2000, all of which are incorporated into these findings. DECISION Based upon the findings set forth above, the Zoning Board of Appeals of the Town of Ithaca grants the requested special permit subject to the following conditions: 1 . Compliance with the conditions imposed by the Planning Board in granting its preliminary site approval and recommendation. A vote on the motion resulted as follows: AYES: Stotz, Ellsworth, Krantz, Niefer, Sigel, NAYS: None. The MOTION was declared to be carried unanimously. With no other business , Chairperson Stotz adjourned the meeting at 10 : 20 p . m . ZONING BOARD OF APPEALS PAGE 28 FEBRUARY 9 , 2000 APPROVED - ROVED - APPROVED - MARCH 8, 2000 - APPROVED - APPROVED - APPROVED David Stott, Chairper Carrie L. Coates , Deputy Town Clerk . DATE: February 4, 2000 TO: Members of Zoning Bo r9eZ FROM: Bruce and Doug Britt RE: North Campus Residentt Initia As you know, Cornell University is requesting Special Approval from the Zoning Board of Appeals in order to allow an institutional use in the residentially- zoned North Campus area. According to the Town of Ithaca Zoning Ordinance , Article XIV, Section 77, Number 7 , Special Approval may only be granted if the proposed project satisfies eight criteria . These requirements are listed below, along with our comments (in italics). The Board of Appeals shall also hear and decide all matters referred to it or upon which it is required to pass by the terms of this ordinance. In deciding such matters referred to it by the terms of this ordinance and in granting special approval the Board of Appeals shall determine that: (a) The health, safety, morals and general welfare of the community in harmony with the general purpose of this ordinance shall be promoted, except that as to all public buildings and educational buildings wherein the principle use is research, administration, or instruction, the same shall be presumed to exist. Note that Cornell is not proposing to build any research, administration or instruction buildings within the Town (but rather two dormitories and a dining hall within the City). The University must therefore demonstrate that the general welfare of the community would be promoted by this project. So far, Cornell has only demonstrated that the University itself ` would benefit, but this is not enough to merit Special Approval. (b) The premises are reasonably adapted to the proposed use, and that such use, except as to public and educational buildings, will fill a neighborhood or community need. The premises are not reasonably adapted to the proposed use: The better part of 70, 000 cubic yards of earth would have to be moved in order to make this sloping site suitably levet for use as playingfields. AIso, the playing,f?elds do not fill a community need, but rather a private University need. Members of the community at large would not be free to use the fields. There is also no community needfor a 104-space parking lot. (c) The proposed use and the location and design of any structure shall be consistent with the character of the district in which it is located. (d) The proposed use shall not be detrimental to the general amenity or neighborhood character in amounts sufficient to devaluate neighboring property or seriously inconvenience neighboring inhabitants. Cornell has repeatedly stated that this project would be so detrimental to the Cradit-Moore House as to make it unsellable and uninhabitable if left on site. If inhabitants of the Cradit-Moore House would have been so seriously inconvenienced by the University 's proposed use, then residents of Hasbrouck Apartments across the street are also likely to be similarly Inconvenienced. (e) The proposed access and egress for all structures and uses shall be safely designed. (f) The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. Traffic levels in Forest Home are already far too high. . The increased traffw that this project is likely to create during of peak daytime, evening and summertime hours will serve as a further detriment to the health and safety of residents and pedestrians in the Forest Home community. This project creates a 104-space parking lot in the Town, whereas North Campus employees currently park in the City. (g) Lot area, access, parking, and loading facilities are sufficient for the proposed use. (h) Natural surface water dramageways are not adversely affected. Natural surface waterways are adversely affected. In fact, Cornell 's current site pian calls for the complete obliteration of the small stream which flows through the Cradit Moore House 's side yard. In light of these shortcomings, it is evident that Cornell's current proposal for the North Campus Residential Initiative does not qualify for Special Approval in accordance with the terms of the Zoning Ordinance . If and when Cornell eventually returns with a modified Site Plan that satisfies the requirements for Special Approval, we request that you grant the Special Approval only in conjunction with a Condition related to traffic volumes in Forest Home . The enabling legislation is contained in the Zoning Ordinance , Article XIV , Section 77, Number 8, which reads in part. In granting . . . special approvals . . . the Board may impose upon the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property . . . . Such condition shall be consistent with the spirit and intent of the zoning ordinance . . . , and shall be imposed for the purpose of minimizing any adverse impact such . . . approval . . . may have on the neighborhood or community. Forest Home fully expects that off-peak traffic will increase significantly as a result of this project. While Cornell has made verbal assurances that the intent was not to increase our off-peak traffic , we would appreciate something a bit more concrete . We would suggest a Condition that daily traffic counts in Forest Home not increase as a result of the construction or operation of the NCRI project , and, if they do, that sufficient measures be taken in order to fully counteract it. For example , Cornell could modify its own roads so as to accommodate more traffic , or could make a financial contribution to the Town for use in planning and implementing traffic abatement measures in Forest Home . If Cornell University believes its own claims that traffic in Forest Home will be reduced by this project , then it should be more than happy with such a Condition. If, on the other hand, they don't believe their own claims , then it would be best to know that now, prior to the granting of Special Approval. Thank you for your consideration , and we look forward to seeing you on Wednesday evening. (e) The proposed access and egress for all structures and uses shall be safely designed. (f) The general effect of the proposed use upon the community as a whole, including such items as traffic load upon public streets and load upon water and sewerage systems is not detrimental to the health, safety and general welfare of the community. Traffic levels in Forest Home are already far too high. . The increased traffic that this project is likely to create during of peak daytime, evening and summertime hours will serve as a further detriment to the health and safety of residents and pedestrians in the Forest Home community. This project creates a 104-space parking lot in the Town, whereas North Campus employees currently park in the City. (g) Lot area, access, parking, and loading facilities are sufficient for the proposed use. (h) Natural surface water drainageways are not adversely affected. Natural surface waterways are adversely affected. In fact, Cornell 's current site plan calls for the complete obliteration of the small stream which flows through the Cradit Moore House 's side yard. In light of these shortcomings, it is evident that Cornell's current proposal for the North Campus Residential Initiative does not qualify for Special Approval in accordance with the terms of the Zoning Ordinance . If and when Cornell eventually returns with a modified Site Plan that satisfies the requirements for Special Approval, we request that you grant the Special Approval only in conjunction with a Condition related to traffic volumes in -Forest . Home . The enabling legislation is .. .contained in . the Zoning Ordinance , -. Article . XIV , Section 77, Number 8 ` which reads in- part: In granting . .. special approvals . . . the Board may impose upon - the applicant such reasonable conditions as are directly related to and incidental to the proposed use of the property . . . . Such condition shall be consistent with the spirit and intent of the zoning ordinance . . . , and shall be imposed for the purpose of minimizing any adverse impact such . . . approval . . . may have on the neighborhood or community. Forest Home fully expects that off-peak traffic will increase significantly as a result of this project. While Cornell has made verbal assurances that the intent was not to increase our off-peak traffic , we would appreciate something a bit more concrete. We would suggest a Condition that daily traffic counts in Forest Home not increase as a result of the construction or operation of the NCRI project , and, if they do, that sufficient measures be taken in order to fully counteract it. For example , Cornell could modify its own roads so as to accommodate more traffic , or could make a financial contribution . to .the Town for use in planning and implementing traffic abatement measures in Forest Home . If Cornell University believes its own claims that traffic in Forest Home will be reduced by this project, then it should be more than happy with such a Condition. If, on- the other hand, they don't believe their own claims , then it would be best to know that now, prior to the granting of Special Approval. 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Lv Town of Ithaca Zoning Board of Appeals North Campus Residential Initiative Requested Conditions of Approval February 9, 2000 We request that the following Conditions be imposed on Cornell University for the purpose of minimizing some of the adverse impacts that the NCRI project is likely to have on the Forest Home neighborhood. This request is made pursuant to the Town of Ithaca Zoning Ordinance, Article XIV , Section 77, Number 8. That automobile and truck traffic in Forest Home not increase as a result of the NCRI project. That a new northern gateway entrance to Cornell University be constructed, and, until such time as this new entrance is operational , that the new road proposed in Cornell ' s NCRI site plan function as a northern gateway, with appropriate signage directing all Central Campus- bound travelers to take this road. That Cornell University provide funding to the Town of Ithaca for the implementation of traffic abatement measures in Forest Home . One half of one percent of the total project budget might be an appropriate sum. That Cornell Police perform rigorous , effective and ongoing enforcement of the ban on through-trucks in Forest Home, beginning with the initial stages of construction of NCRI, and continuing during operation.