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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