HomeMy WebLinkAboutMN-PDB-1988-12-20 AMENDED
Approved 4/25/89
Planning and Development Board
MINUTES
December 20, 1988
PRESENT: Chair S. Blumenthal , J. Daley, A. Yale, S. Jackson,
S. Killeen, T. Cookingham, M. Sampson. Staff: Director Van Cort,
J. Meigs.
1 . The meeting was called to order at 7:35 p.m.
2. Public Hearing: Final Subdivision Approval - 109 S. Titus
Ave./Ronsvalle. The Public Hearing for the subdivision of property
at 109 S. Titus Avenue was duly opened on motion by Mr. Jackson,
seconded by Mr. Daley; no member of the public appeared to speak, and
on motion by Jackson, seconded by Daley, the hearing was closed.
Atty. David Dubow, representing applicant Ronald Ronsvalle, informed
the Board that his client is willing to follow the suggestions of the
Conservation Advisory Council , which had reviewed the LEAF prepared
for the project, as far as protecting against silt in runoff from the
site during development, and protecting against silt in runoff from
the site during development, and protecting the existing trees that
are to be retained; he will consider planting other trees/shrubs on
the site, and will not plant street trees the city doesn't want; in
short, he will do what is required and covered by law in developing
the site.
Following brief discussion, Mr. Cookingham, seconded by Mr. Sampson,
MOVED adoption of the Negative Declaration of Environmental Effect,
as drafted. Mr. Jackson, seconded by Mr. Daley, MOVED to amend the
Negative Declaration by adding "Whereas the Court has directed that
this Board ignore considerations of traffic and parking in
environmental review of this project." The amendment was accepted by
Cookingham and Sampson, and the motion PASSED 7-0.
Mr. Cookingham, seconded by Mr. Sampson, then MOVED that the Board
grant Final Approval to the subdivision; Killeen proposed amendment
of the motion to reflect that the action is pursuant to the direction
of the Court; and the motion was PASSED, 5-2 (Jackson, Daley) .
3. Privilege of the Floor: No one appeared.
4. Zoning Appeals.
ppea 884 - Special Permit and Area Variance for Ithaca
Cooperative Nursery School at 204 West Lincoln Street, in an R-2a
district. Mark B. Wheeler, Esq. representing the owner, described
the school , which is moving from its present location nearby on
Utica Street. It would stay at the same size enrollment, keep the
same morning hours, and continue to serve many neighborhood
families. Purchase of this property is contingent on the appeal .
Planning Board Minutes -2-
12/20/88
Mr. Wheeler submitted additional documentation on the appeal , which
he said he had not had time to complete before filing it with the
Building Department.
Ms. Donna Miller, 206 West Lincoln Street, expressed concern that
the house was too small to accommodate use; she also thought the
neighborhood already has taken on enough community concerns with the
Home for the Mentally Disabled.
Mr. John Milleck of 208 West Lincoln Street expressed the opinion
that the neighborhood (200 block) has already "carried its weight"
regarding unusual variances, to wit: the Broome County Group Home
for the Handicapped and the Paolangeli office construction project;
that apartment variances have already been allowed in the
neighborhood; and additionally, he expressed concern about the added
traffic volume and the attendant danger.
Board discussion centered on fear of creating another "abnormal"
situation and the concern of traffic problems. It was also noted
that the school 's goal is to serve the neighborhood, and that drop
off time for the students is not at peak hour, but rather from 8:50
to 9:00 a.m. , and pick up time is from 12:00 noon to 12:15 p.m.
The Chair read to the Board a letter from a current neighbor of the
school , supporting the conduct of the school . Discussion then
centered on how allowing this use would affect road use (traffic) and
the safety of the children.
J. Daley MOVED, seconded by A. Yale, that the Board recommend
approval of Appeal 1884 to the BZA conditioned on (1 ) a limit of 22
students on premises in any one day session, and (2) a limit on the
hours of operation, from 8:45 a.m. to 12:15 p.m. The motion carried
6-0-1 (Killeen abstaining because of prior association with the
school ).
Appeal 1882 - 140 Coddington Rd./Levi Wells, Appellant. A
revises statement of the variance request was handed out by J.
Meigs. Mr. Wells and Architect Scott Duell were present. Mr. Daley
reported that Messrs Wells, Duell , Meigs and he had spent several
hours reaching agreement with the acting Building Commissioner on the
details of the variances involved, because the Commissioner had
prepared the legal ad on the basis of access to the new development
being off a private street, not a public way as Mr. Wells proposes.
Mr. Meigs reported that the Fire Dept. and Engineers are fairly well
satisfied with the road design as shown on the Nov. 22, 1988 site
plan, though it still lacks the 100 ft. straight link between reverse
curves; however, acceptance of the street by the City will depend on
its final approval by the City Engineer.
Planning Board Minutes -3-
12/20/88
J. Daley MOVED that the Board strongly recommend approval to the BZA
in light of the months of work put into this subdivision, which will
greatly enhance the overall area; and that the language of the memo
drafted for the Board, dated Dec. 20, 1988, be used to transmit this
recommendation. Killeen seconded the motion. Motion carried 7-0.
4. Borra Subdivision - update. Mr. James Borra addressed the Board.
He stated tat it was his understanding that he must await
completion of the West Hill Master Plan before he can go any further
with his plans to construct a cul de sac in that area, or make much
progress on other matters of concern to the CAC and/or the Board
(storm drainage and retention of existing/natural vegetation) .
Several members commented that progress on /the Master Plan appears to
be keeping up to schedule, and thus it may not be disadvantageous to
Mr. Borra to wait; the inference is that the result will take his
project into account in arriving at a consensus, and may present
opportunities that could work to his benefit. The Board noted the
patience that Mr. Borra has shown, and would like to be able to give
him all necessary specifications as soon as possible. Mr. Daley
suggested that the Board make sure that Trowbridge includes the issue
in the next scheduled Master Plan meeting on January 12, 1989; Mr.
Killeen stated that he had spoken with Trowbridge in this regard, to
underscore the need for progress toward completion of the plan so
that some intermediate decisions may be made as soon as possible,
perhaps at the next board meeting. He pointed out that the Board has
certain obligations to applicants like Mr. Borra. Mr. Borra
requested that he be informed as to the progress of the Master Plan
in the future, in as timely a fashion as possible, so that he has
opportunity to participate if he wishes.
5. Preliminar Subdivision - 615-19 Hudson Street/Gulledge - J. Meigs
infiormec the Board that this matter consists of a very small exchange
of land from parcel 619 to parcel 615, which is currently vacant, for
the purpose of making parcel 615 a more attractive lot with no
substantive changes. Mr. Gulledge was present and indicated that the
purpose of the proposed change was aesthetic. S. Jackson stated that
the CAC has given verbal approval and MOVED, seconded by Cookingham,
a Negative Declaration. Motion passed 7-0. Cookingham then MOVED to
give preliminary approval and was seconded by Daley. Motion carried
7-0.
6. Route 96 - It was decided that since this would be the only regular
opportunity for the Board to discuss this issue together before the
NYSDoT [meeting] public comment period ended on January 15, 1989 and
before Common Council discussion, this discassion should lead to some
Board conc usion as 7Fr as comment and recommendation on the project.
Director Van Cort told the Board that the figures assumed in the
studies to date allow for a fixed 1 .41% traffic volume growth rate,
Planning Board Minutes -4-
12/20/88
but that he is convinced that growth will be far in excess of this
figure, may be 4%, indicating a strong argument for added road
capacity, which Alternate A does not provide. The Octopus is going
to get worse eventually no matter what choice is selected. Another
important issues is the growth inducing impact of a plan. Van Cort
stated that there is no reliable land use model , but that it can be
assumed that the "bigger the solution" on Route 96, "the bigger the
development" on West Hill The question is if the growth does not
occur on West Hill , where will it go?
Mr. Daley stated that he would like to see the growth within the
City.
Van Cort told the Board that environmentally it would be better to
adopt plans B or C, even though the effect of the road would be
great because it would provide a better framework for the inevitable
development of West Hill . He stated that the new road would not be
done as was done on the east side of the lake, with a large,
unlandscaped fill "scar".
[Ms. Blumenthal brought up questions about the residents on Cliff
Street and the viability of a neighborhood with major traffic on
roads either in front of and/or in back of homes. Mitigating
measures for this were discussed.]
Mr. Yale expressed concern about the traffic on Meadow Street after
the one-wa pair is completed (with all of the options) [when
construction of the project is un erway . Also, Yale ointed out the
lengthy construction period will entail closing three bridges, one at
[one] a time or another, reducing the safety factor which the pr ject
itself is supposed to solve. He asserted that Alternate A, Option 2
would not have [offset] this drawback if the connection between Esty
and Rte were built first, thus providing an additional route to
serve as a "substitute" as each of the existing bridges was closed in
turn for replacement.
Van Cort said that Plan A, Option 2, was not included in the
alternatives explored in depth in the DEIS in that it didn't meet
the objectives that DoT understood to be called for in developing a
"low impact" solution; that is, DoT understood "low impact" to mean
"low cost" as well as "small", and Option '2, with yet another bridge
(over the Old Inlet) and some railroad track realinement was
considerably more expensive than even Alternate A with
optional Rt. 89 bridge over the flood channel . Plan B offers the
greatest allowance for changes in the future.
Yale reminded the Board that no matter what the choice, the
situation in .that area will still be troublesome in the future. It
is vital to encourage City/County cooperation, because presently
Planning Board Minutes -5-
12/20/88
there are no real controls on growth that would follow if Alternate B
or C were chosen.
The issue of the amount of growth that will occur on West Hill was
discussed. Van Cort believes that growth in this area in the next
20 years will not be as great as occurred on the east side in a
similar period, even if Alternate C is chosen. Furthermore, Plan A
will inhibit growth on West Hill as opposed to the other choices.
Barbara Shew, as spokesperson for the West Hill Civic Association,
addressed the Board. The Association was asked specifically by DoT
to study the Alternatives and comment on them. She said that there
is no clear cut consensus within the West Hill community regarding
this issue. The last reliable poll of West Hill residents was taken
in 1985 and the neighborhood was divided between Plan A and Plan B.
The Association's study concludes that though Alternate A would have
less direct environmental impact, it doesn't speak to project design
criteria 2 and 3, improved hospital access and improved Rt. 96
capacity; Alternate B seems better in these regards, and is better
than C on environmental effects. There is neighborhood consensus on
the need for some action on the problem.
Mrs. Shew also represented herself as an individual Cliff Street
homeowner. She believes that Cliff Street was never intended as a
main thoroughfare, and she definitely wants a new road. It is very
difficult to get out of driveways on Cliff Street. The City put in a
new sidewalk, but cars are allowed to park on same. The U. S. Postal
Service's policy is that it is too dangerous for employees to walk on
that street.
Jackson stated that none of the plans solves all the problems, but
he would support Plan A with modifications.
Mr. Sampson stated that if Plan A or a modified Plan A is built,
there will be a demand for a new plan within a short amount of time,
and it would cost a lot, whereas, if C were chosen, only minor
improvements might be needed by the "Design Year" 2010.
Killeen expressed that Plan C was too much at this time, and that
Plan A may be too little.
Mr. Yale then made a motion that the Board support Plan A, Option 2,
with Esty Street bridge, and that the project should address
mitigating measures regarding Cliff Street and include an aggressive
public transportation component to hold down traffic volume. This
motion was seconded by S. Jackson.
Planning Board Minutes -6-
12/20/88
Discussion as follows:
Blumenthal submitted that the motion should also include appropriate
intermunicipal land use control measures, a suggestion that was
accepted by consensus.
Daley suggested that the Board be very specific, especially in
advising Common Council in regard to negotiations with the Town of
Ithaca. Jackson demurred, saying that it would be more effective to
invite response and open dialogue, than risk immediate rejection by
limiting the Town's options.
Killeen proposed the possibility of Plan B [Option 11. He also felt
that the City has been at greater fault in cooperation with the Town
than the other way around.
Yale reiterated his preference for Plan A, Option 2, but felt that
the Board needs to give more advice regarding land use controls.
Daley expressed preference for Plan A, and stated that the Town
should prove the merit of Plan B.
Killeen stated that the Board needs to give an opinion to NYSDoT
even if the Board isunhappywith accepting Plan A as is, it appears
that we would be willing to make negotiations with Plan A.
Motion called. Vote: 3 for the proposal (Jackson, Blumenthal ,
Yale) ; 3 opposed (Cookingham, Sampson, Killeen); 1 abstaining
(Daley) . Motion fails.
Daley then moved that the Board adopt recommendation for Plan B as
an acceptable alternative only if there are ironclad assurances from
the Town of Ithaca regarding planning and road use measures to be put
into effect to accommodate City concerns.
Discussion:
Yale stated that it is difficult to dictate [define] "land use"
planning commitments to the Town andgett ng agreement terms within
the short time frame.
Mr. Daley said he would like to consider Plan A with mitigating
circumstances, or to consider Plan B as an acceptable alternative
given ironclad assurances by the Town of Ithaca that certain other
planning and road use measures were put into effect to accommodate
City concerns.
After further discussion, Mr. Daley, restated his motion as follows,
seconded by Killeen:
Planning Board Minutes -7-
12/20/88
Motion by J. Daley, seconded by S. Killeen:
That the Board of Planning and'Development of the City of Ithaca,
hav-ing studied and discussed the Design Report/Draft Environmental
Impact Statement and 4(f) Evaluation for Improvements to Route 96
(NYSDoT P.I.N. 3047.04) and other project-related information, would
consider Alternative B an acceptable alternative only if given iron-
clad assurance by the Town of Ithaca that the Town would consider
other planning and road use measures to be put into effect to
accommodate City concerns. Without these iron-clad assurances, the
Board feels Alternative A, Option 2 (as described in Sec. IIIB4b, pp.
III-17-20 and App.H, pp. H-1-4 of the Design Report/DEIS) is the most
appropriate for the City.
On vote, the Motion PASSED, 4-3-0, at a regular meeting of the Board
December 20, 1988.
7., Old Business:
A. Elmira Road Sidewalks Mr. Daley reported that the Board of
Public Works had discusseErthe situation but had not yet determined
on a course of action. There is divergent opinion as to need with
some BPW members feeling that the number of pedestrians is too small
to warrant the major expense, while others argue that making the
street so far for any and all pedestrians establishes the need, and
yet others suggest that perhaps a halfway solution, with a walk on
one side only, will suffice. Elmira Rd. merchants/property owners
attending the information meeting seemed generally to feel a sidewalk
would be nice, but the cost and disruption of construction would be
too much to support. Nonetheless, there has been enough expression
of support from elsewhere in the community that the Board will '
continue to explore the .possibilities.
8. Committee Re ort:
Farmers Mar<et - Mr. Jackson reported that the EAF would probably be
considered y Uouncil in February, concurrently with the lease.
Tentatively, the determination seems likely to be negative.
9. Liaison Reports:
anning & Development Committee - Mr. Killeen reported that the P&D
Committee, which a met wit t e Charter and Ordinance Committee to
work on the Site Development Plan Review Ordinance, would be
considering what should be the final draft at its meeting tomorrow.
He expressed concern that more was not being done to address issues
of planning concern to several agencies, entities or political units
in a coordinated fashion; and that whole areas of concern, such as
transportation, were subject to being studied sporadically, as
witness its being left off the Department Work Plan for 1989. He
feels that such matters merit at least some degree of serious
attention on an ongoing basis, to minimize the risk of unnecessary or
unpleasant surprises.
Planning Board Minutes -8-
12/20/88
Mr. Killeen advised the Board that the CAC's proposals for
conservation overlay zones and for land use controls in the
watershed were on the committee's agenda and would likely be
referred to this Board for comment. He is also working on an
evaluation of all city-owned land, with the intent of better
managing it as a resource.
10. Approval of Minutes - Killeen, seconded by Daley, MOVED approval of
the October 98 minutes as distributed. Passed unanimously.
There was no further business; meeting adjourned at 11 :00 p.m.
O-P&DBd-Minutes.D20