HomeMy WebLinkAboutArea Variance 2002.pdf RecordID 31624 ZONING BOARD OF APPEALS
APRIL 15, 2002 MINUTES
APPROVED
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer.
NAYS: None.
ABSTAIN: None.
The motion was declared to be carried unanimously.
Mr. Krantz - I think we've shown that Ithaca is still kind and gentle.
The second appeal to be heard was as follows:
APPEAL of Conifer Realty LLC, Appellant, John Fennessey, Agent, requesting a variance from the
requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section
280a of New York State Town Law, to be permitted to create, by land subdivision, building lots not
having frontage on a Town, County, or State highway near 1300 Mecklenburg Road, Town of Ithaca
Tax Parcel No. 27-1-13.12 and 13.16, Residence District R-15.
Mr. Frost - I just wanted to make it clear that Conifer Realty's request here while it is a part of what is
happening with Linderman Creek Apartments really has nothing to do specifically with any kind of site
plan. It is a byproduct of land that is basically becoming landlocked by way of the subdivision of lands
that are part of the Linderman Creek Phase II apartments.
John Fennessey, Conifer Realty - I am the Vice President of Conifer Realty. I am here tonight in the
capacity to seek a variance for the back open lots that wouldn't have access onto a public highway.
Just for background, this is Mecklenburg Road here. This is the line between the City and the Town.
A few years ago we developed this parcel of land right here with 56 apartments. At that time we
entered into a purchase agreement with Mr. Ceracche to buy half of his property here. In the
process, the Mr. Ceracche dedicated the Town a park. Then we went ahead and finished Phase I and
now we want to begin Phase II. That would be this area here outlined in orange. We have Conifer
Drive coming in here. Now all of a sudden we find ourselves with two remaining lots here with no
access to a public road. So that is the purpose of our being here.
We have an easement agreement that will give access over Conifer Drive into this piece of property
for the future. Our hope is that this will be a temporary measure and that we will continue the
developments back up in through here. This road is actually proposed to connect up to Bundy Road
up here. In the interim until that happens, these two pieces of property here in the green and the blue
will not have access to a public road. So this easement here in the hashed mark will enable that to
take place.
Mr. Ellsworth - There is a road that comes in and circles around.
Mr. Fennessey - Right now the road comes in here, turns to the right and down around here. The
plan that the Planning Board has given preliminary approval to has another circle here.
Mr. Stotz - What are the long term plans for those two parcels?
4
ZONING BOARD OF APPEALS
APRIL 15,2002 MINUTES
APPROVED
Mr. Fennessey - We are exploring ways to develop this balance of land with single-family homes and
possibly some elderly housing. This is one of the schemes that we are working on. This would be
the road that comes up. We were looking at 70 lots.
Mr. Frost - Was part of the proposal for our parkland...did you say that Ceracche's land was adjacent
to land from Dick Perry? Part of the parkland that the Town got from Ceracche is also part of the
adjacent land owned by Dick Perry, or not?
Mr. Smith - There are two parcels there to combine to make a park.
Chairperson Sigel - At this time you are not asking for any permission to build on these lots, just the
creation of lots that don't front.
Mr. Fennessey - This easement agreement will...
Mr. Frost - I think the wisdom, if I can speak for John Barney, is this is not unique where the Town
has been involved with granting subdivision approvals that left some portion of land landlocked. We
have preferred that the part of the subdivision include any of the necessary variances. The Town
theoretically is creating a landlocked parcel by the way of the variance.
Mr. Ellsworth - If you don't straighten out we have a landlocked park, too.
Mr. Niefer - There was one item that I am somewhat concerned about or interested in and that is in
granting this proposed variance, I noticed that this one plot plan show an unopened street going into
Oakwood Lane that goes into the back corner of this large parcel. I know at the time that this whole
development was proposed that the people on Oakwood Lane were very much concerned about the
change in the character of the neighborhood. That I guess was litigated and not successful.
However, this unopened street situation, granted I know the unopened street is in the City of Ithaca,
but that little plot plan that you have showed us shows a connecting street that very well could go to
the unopened street thus dumping traffic from this development over into the City of Ithaca. The City
of Ithaca people on Oakwood Lane were very much concerned about. Although I realize this is
somewhat in the future, it is a concern to me that this could have a significant impact on our
neighbors in the City of Ithaca. Dumping a lot of traffic into Oakwood Lane, which as such would I
don't think necessarily the Town of Ithaca is being a good neighbor to the Oakwood Lane residents.
This concern may be much premature. It may not even be addressable at this time. I don't know. I
raise it and make it part of the record. I have expressed my concerns for this development in the
future.
Mr. Fennessey - That is an issue that we have known existed ever since we have been involved with
the property. We would not propose to have any traffic come from this development to that street.
We would suggest, if the Town wants it, to have some type of a-break away barrier there for fire
emergency access. We tried to do the same thing down here, but DOT wouldn't allow it. This is also
the Town's access to its property. Our intent in moving ahead with other areas of development would
be not to, under any circumstances, for us to propose to the Town that that should be an
ingress/egress to serve this property. It could be for emergency access only.
5
ZONING BOARD OF APPEALS
APRIL 15, 2002 MINUTES
APPROVED
Chairperson Sigel - Any other questions?
Chairperson Sigel opened the public hearing at 7:36 p.m. With no persons present to be heard,
Chairperson Sigel closed the public hearing at 7:37 p.m.
Chairperson Sigel - The environmental review is the same situation.
Mr. Smith - Yes. It was a Type I action. The Planning Board is the lead agency. You should have a
copy of the neg. dec. in your packet.
Chairperson Sigel - Okay, we don't have to deal with that unless someone wants to voice a different
opinion with the Planning Board.
Chairperson Sigel - If there were no further questions, would some one like to make a motion?
Mr. Krantz - Kirk, is that considered two building lots? Is that what you said?
Chairperson Sigel - That is what I said. It is two lots.
Mr. Krantz - Even though each one will encompass so many houses?
Chairperson Sigel - Right now they are just two lots. They would have to be further subdivided.
RESOLUTION NO 2002-16 - Conifer Realty, Tax Parcel Nos. 27.4-13.12 and 27.4-13.16, April
15, 2002.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED, that this board grants the appeal of Conifer Realty, requesting a variance from the
requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section
280a of New York State Town Law, to be permitted to create by land subdivision, two building lots not
having frontage on a Town, County or State highway near 1300 Mecklenburg Road, Town of Ithaca
Tax Parcel No. 27.-1-13.12 and 27.-1-13.16, Residence District R-15, based upon the following:
Finding:
a. The requirements for an area variance have been met.
Condition:
a. That the Attorney for the Town approve the proposed easement.
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer.
6
ZONING BOARD OF APPEALS
APRIL 15,2002 MINUTES
APPROVED
NAYS: None.
ABSTAIN: None.
The motion was declared to be carried unanimously.
The fourth appeal to be heard was as follows:
APPEAL of John Tilitz, Appellant, requesting a variance from the requirement of Article V, Section 21
and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single-family home on
a building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback,
whereas 100 feet and 150 feet respectively is required, near 1447 Trumansburg Road, Town of
Ithaca Tax Parcel No. 23-1-41.2, Residence District R-30.
Bob Shaw, Shaw Real Estate - John sends his regrets that he can't be here. He's had to go with his
family to California on Friday. So he asked me to stand in for him tonight. I do have a little bit of
history with the property. I sold it to him back in 1991 as a realtor representing the owners of the
property. He at that time through the Town of Ithaca created a 9-lot subdivision with the intent fully to
build 9 properties out there at a certain range and dollar value. That fell by the wayside especially as
the housing market went sour. He has held onto it. I think recently he sent it back out of subdivision.
Mr. Frost - He consolidated. He never actually followed through. The tax map did show the
subdivision.
Mr. Shaw - So intent now, although there is 60 feet and the 60 .feet originally was for a road to go in
there and to have 9 lots off that road. Now it's just a matter of a driveway going in and building a
more substantial house back there on the 9 acres. The intent is to build again with the cul-de-sac.
Mr. Frost - It is basically the same thing, but I believe it's with the subdivision.
Mr. Shaw - That is why he needs the variance in order to do that. It is a hardship at this time to go
back and make 9 lots out of it.
Mr. Frost - So what would have been a 60-foot wide area for a Town road now becomes a driveway,
the 60-foot width being what is fronting on the road. It's the same with the maximum front yard
setback.
Mr. Stotz - So there are no plans that you know of after he builds this house to go back and subdivide
the land again.
Mr. Shaw - No, not that I know of.
Mr. Frost - If he did, he would have to go back before the Planning Board.
Mr. Krantz - That is a fairly rural area up there. The only problem I saw with it is when you drive down
that road it gets more and more narrow, the rough road, and it's impossible to turn around.
7
FILE�
DATE AL
I p�
RESOLUTION NO. 2002-16 - Conifer Realty, Tax Parcel Nos. 27.-1-13.12 and 27.-1-13.16, April
15, 2002.
MOTION made by Kirk Sigel, seconded by James Niefer.
RESOLVED, that this board grants the appeal of Conifer Realty, requesting a variance from the
requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section
280a of New York State Town Law, to be permitted to create by land subdivision, two building lots not
having frontage on a Town, County or State highway near 1300 Mecklenburg Road, Town of Ithaca
Tax Parcel No. 27.-1-13.12 and 27.-1-13.16, Residence District R-15, based upon the following:
Finding:
a. The requirements for an area variance have been met.
Condition:
a. That the Attorney for the Town approve the proposed easement.
The vote on the motion resulted as follows:
AYES: Sigel, Ellsworth, Stotz, Krantz, Niefer.
NAYS: None.
ABSTAIN: None.
The motion was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Carrie Whitmore, Deputy Town Clerk of the Town of Ithaca, New York, do hereby
certify that the attached resolution is an exact copy of the same adopted by the Zoning Board of
Appeals of the Town of Ithaca at a regular meeting on the 15th day of April 2002.
moo
Town Clerk/Deputy Town Clerk
Town of Ithaca
TOWN OF ITHACA
ZONING BOARD OF APPEALS
SIGN-IN SHEET
DATE: April 15, 2002
(PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES)
PLEASE PRINT NAME PLEASE PRINTADDRESS/AFFILIATION
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TOWN OF ITHACA ZONING BOARD OF APPEALS
AGENDA
MONDAY, APRIL 15, 2002
7:00 P.M.
1) Decision on College Circle Apartments,adjourned from March 25,2002, 1033 Danby Road.
2) Appeal of Deborah Valentine, 120 Pine Tree Road.
3) Appeal of Conifer Realty, Mecklenburg Road.
4) Appeal of John Tilitz,Trumansburg Road.
5) Appeal of Michael and Lorie Lupo,Iradell Road.
6) Appeal of George Blanchard,King Road East.
Andrew S. Frost
Director of Building and Zoning
273-1783
Dated: April 4,2002
1
1
1
TOWN OF ITHACA ZONING BOARD OF APPEALS
NOTICE OF PUBLIC HEARINGS
MONDAY, APRIL 15, 2002
7:00 P.M.
By direction of the Chairman of the Zoning Board of Appeals NOTICE IS HEREBY GIVEN that
Public Hearings will be held by the Zoning Board of Appeals of the Town of Ithaca on Monday, April 15,
2002,in Town Hall,215 North Tioga Street, Tioga Street Entrance, Ithaca,NY, COMMENCING AT 7:00
P.M.,on the following matters:
APPEAL of Deborah Valentine,Appellant, Attorney Paul Tavelli,Agent,requesting a variance from the
requirements of Article TV, Section 14 of the Town of Ithaca Zoning Ordinance,to be permitted to
maintain an existing two-family home with a north side yard building setback of 7±feet from an attached
garage(10 foot setback required)at 120 Pine Tree Road,Town of Ithaca Tax Parcel No. 58-2-20,
Residence District R-15.
APPEAL of Conifer Realty LLC,Appellant, John Fennessey,Agent,requesting a variance from the
requirements of Article IV, Section 14 and 16 of the Town of Ithaca Zoning Ordinance and Section 280a of
New York State Town Law,to be permitted to create,by land subdivision,building lots not having
frontage on a Town, County, or State highway near 1300 Mecklenburg Road,Town of Ithaca Tax Parcel
No.27-1-13.12 and 13.16, Residence District R-15.
APPEAL of John Tilitz,Appellant,requesting a variance from the requirement of Article V, Section 21
and 23 of the Town of Ithaca Zoning Ordinance, to be permitted to construct a single-family home on a
building lot having a lot width of 60 feet at the roadside and at the maximum front yard setback,whereas
100 feet and 150 feet respectively is required, near 1447 Trumansburg Road,Town of Ithaca Tax Parcel
No. 23-141.2,Residence District R-30.
APPEAL of Michael and Lorie Lupo,Appellants,requesting a variance from the requirements of Article
V, Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town
Law,to be permitted to build a residence on a building lot having a lot width of 60 feet at the roadside and
at the maximum front yard setback,whereas 100 feet and 150 feet respectively, is required,near 125
Iradell Road,Town of Ithaca Tax Parcel No. 24-1-7.2, Residence District R-30.
APPEAL of George Blanchard,Appellant,requesting a variance from the requirements of Article V,
Section 21 and 23 of the Town of Ithaca Zoning Ordinance and Section 280a of New York State Town
Law,in order to create by subdivision, a building lot that does not front on a Town,County,or State
highway near 165 King Road East, Town of Ithaca Tax Parcel No. 44-2-7,Residence District R-30.
Said Zoning Board of Appeals will at said time, 7:00 p.m.,and said place,hear all persons in support
of such matters or objections thereto. Persons may appear by agent or in person. Individuals with visual
or hearing impairments or other special needs,as appropriate,will be provided with assistance, as
request. Persons desiring assistance must make such a request not less than 48 hours prior
necessary,upon re g
n ry, P q
to the time of the public hearing.
Andrew S. Frost
Director of Building and Zoning
273-1783
Dated: April 4,2002
Published: April 8,2002
TOWN OF ITIiACA FEE: $80.00
215 North Tioga Street RECEIVED: 3- 16 0,
Ithaca,New York 14850
(607)273-1783 CASH - ( )
APPEAL CHECK- �ioH)
to the
Building Inspector/Zoning Enforcement Officer ZONING:
and the
Zoning Board of Appeals For Office Use Only
of the
Town of Ithaca,New York
Having been denied permission to: Subdivide lands which create lots that do not have direct
access to a public road, street or highway
27-01-13.16
at N.Y.S. Route 79 -,Town of Ithaca Tax Parcel No.2 7-01-13.12 ,as shown on the
accompanying application and/or plans or other supporting documents, for the stated reason that the issuance of such permit
would be in violation of: Section 280A or N.Y.S. Town Law
Article(s) IV , Section(s) 14 & 16 , of the Town of Ithaca Zoning Ordinance, the UNDERSIGNED
respectfully submits this Appeal from such denial and, in support of the Appeal, affirms that strict observance of the Zoning
Ordinance would impose PRACTICAL DIFFICULTIES and/or UNNECESSARY HARDSHIP as follows:
(Additional sheets may be attached as necessary.)
Strict application of the law would require applicant at considerable expense to
construct Conifer Drive to Town of Ithaca road standards and connect the road rom
Rt. 79 to the land north of the Linderman Creek bed. The applicant proposes as an
interim measure to prepare an access easement from the current terminus of Coni er rive
to north of the Linderman Creek bed, as described on the attached legal description
prepared by C.T. Male Associates and depictedon the attached survey (shaded area
prepared also by C.T. Male dated 3/4/02.
By filing this application, I grant permission for members of the Town of Ithaca Zoning Board of Appeals or staff to enter
my property to inspect in connects with my application.
Signature of Owner/Appel an : Date:
Signature of Appellant/Age Date:
Print Name Here: John H. Fen e� Vice President
Conifer Realty, LLC
Home Telephone Number: 315-446-3812 Work Telephone Number: 315-451-8876
NOTE: If construction of work in accordance with any variances given does not commence within 18 months,the
variance will cxVim. Your attendance at the meeting is advised.
Cl
D t
MAR U
Town Assigned Project ID Number �Q� I 8 2002
Town of. Ithaca Environmental Review TOWN OF ITHACA
NG/Z
SHORT ENVIRONMENTAL ASSESSMENT FOR BUILDI ONING
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART I - PROJECT INFORMATION o be com let:72-
cant or Project Sponsor)
1. Applicant/Sponsor: roject Name:
Conifer Realty, LLC inderman Creek Apartments
0. Precise location (street address, road Intersections, prominent landmarks, etc. or provide map):
Conifer Drive at N.Y.S. Route 79
Tax Parcel Number: 27-01-13. 16 and 27-01-13. 12
4. Is proposed action: NEW? EXPANSION? MODIFICATION/ALTERATION?
5. Describe project briefly: (Include project purpose, present land use, current and future
construction plans, and other relevant Items):
Applicant seeks an area variance to avoid cost now of building a dedicated road from
Rt. 79 north to vacant land the applicant intends to develop with homes in the near
future. As an alternative, the applicant has proposed giving an ingress/egress
easement to this land.
(Attach separate sheet(s) if necessary to adequately describe the proposed project.)
6. Amount of land affected: Initially (0-5 yrs) 57 Acres (6-10 yrs) Acres . (> 10 yrs) Acres
7. How Is land zoned presently? R-15
8. Will proposed action comply with existing zoning or other existing land use restrictions?
YES NO X If no, describe conflict briefly: Proposed subdivision would leave land
not fronting on a public road.
9. WIII proposed action lead to a request for new:
Public Road? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What Is the present land use In the vicinity of the proposed project? Residential Commercial
Industrial Agriculture Park/Forest/Open Space X Other
Please Describe:
11. Does proposed action Involve a permit, approval, or funding, now or ultimately from any other
governmental agency (Federal, State, Local)? YES X NO Town of Ithaca subdivision,
If yes, list agency name and permit/approval/funding:
zoning and site plan approval, in addition Town of Ithaca building permit.
12. Does any aspect of the proposed action have a currently valid permit or approval? YES NO X
If yes, list agency name and permiVapproval. Also, state whether it will require modification.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
AppllcanVSpons Name (Print or Type): John H. Fennessey, Vice President
Conifer Realty, LLC
Signature: A, Date: March 15, 2002
Rev. 8192
12-12-79(3199)-9c SEQR
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance
Project Number 0103381 Date: March 5, 2002
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Town of Ithaca Planning Board as lead agency, has determined that the
proposed action described below will not have a significant environmental impact and a Draft
Impact Statement will not be prepared.
Name of Action:
Linderman Creek Apartments Phase II and III
SEQR Status: Type 1
Unlisted ❑
Conditioned Negative Declaration: ❑ Yes
❑✓ No
Description of Action:
Consideration of Subdivision Approval and Site Plan Approval by the Town of Ithaca Planning
Board, and Rezoning of +/- 15.266 acres from Residential R-15 to Multiple Residence MR by the
Town Board, for the proposed Linderman Creek Apartments Phase II and III development located
on Conifer Drive (a private drive), just off Mecklenburg Road, Town of Ithaca Tax Parcel No's.
27-1-13.12 and 27-1-13.16, Residence District R-15. The proposal includes 96 apartment units
(72 units to be built initially in Phase II, 24 units to be constructed in Phase III) in twelve buildings
on 14 +/- acres. The proposal also includes a community building, access drives, parking,
sidewalks, landscaping, and a recreation area including a pavilion and play structures. A bus stop
and bus turnaround area is proposed for the northern end of Conifer Drive. The proposed
development would consist of affordable housing units with 36 of the units being handicapped
accessible or handicapped adaptable. The applicant is also requesting to subdivide Tax Parcel
No. 27-1-13.12 into three lots and Tax Parcel No. 27-1-13.16 into additional lots for ownership
purposes. Variances will need to be obtained from the Town of Ithaca Zoning Board of Appeals
regarding road frontage and lot width requirements for the two larger northern-most parcels.
Approximately 57 acres will remain undeveloped initially, but will be retained by Confer Realty for
possible future residential expansion. Estate of Anthony Ceracche, Owner (Tax Parcel No.
27-1-13.12), and Home Properties of New York, Owner (Tax Parcel No. 27-1-13.16); Conifer
Reality, LLC, Applicant; John Fennessey, Agent.
Location: (Include street address and the name of the municipality/county. A location map of
appropriate scale is also recommended.)
see attached
SEAR Negative Declaration Page 2 of 2
Reasons Supporting This Determination:
(See 617.7(a)-(c) for requirements of this determination ; see 617.7(d) for Conditioned Negative Declaration)
see attached
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and
identify comment period (not less than 30 days from date of pubication In the ENB)
For Further Information:
Contact Person: Susan Ritter, Assistant Director of Planning
Address: 215 N. Tioga Street, Ithaca, New York 14850
Telephone Number: (607) 273-1747
For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to:
Chief Executive Officer , Town /City/Village of
Other involved agencies (If any)
see attached
Applicant (If any)
Environmental Notice Bulletin, Room 538, 50 Wolf.Road, Albany NY, 12233-1750 (Type One Actions only)
Attachment to Negative Declaration Form
Notice of Determination of Non-Significance
Date: March 5, 2002
Project
Name: Linderman Creek Apartments Phase I1 and III
Project No.: 01-03-381
Location: Mecklenburg Road, approximately 1000 feet west of the Town of Ithaca/City of
Ithaca boundary (Tax Parcel No. 27-1-13.l 2 and 27-1-13.16), Town of Ithaca,
Tompkins County,New York
Iaead Agency: Town of Ithaca Planning Board
Reasons Supporting This Determination:
Based on review of the project at Planning Board meetings held on February 19, 2002 and March
5, 2002, a negative.determination of environmental significance has been made for the above
referenced actions by the Town of Ithaca Planning Board and on behalf of the Town Board as an
Involved Agency,in accordance with the requirements of Article 8 of the Environmental
Conservation Law. Given the proposed design of the project, its location and the character of
surrounding land uses, the existing character of the site, and the proposed uses and activities
associated with the project, no significant adverse environmental impacts have been identified.
The Planning Board, at a meeting held on February 19, 2002, began review of the Full
Environmental Assessment Form (EAF) Part I prepared by the applicant and other application
materials. The applicant submitted revised page 2 of the EAF Part I, date stamped 2/19/02.
At the March 5, 2002 meeting,the Planning Board reviewed and accepted as adequate the
revised Full Environmental Assessment Form (EAF) Part I prepared by the applicant, Parts II
and III of the EAF prepared by the Town Planning staff, and reviewed other application
materials, including that revised as indicated above. The above-referenced EAF incorporates
specific studies and reports prepared and submitted by the applicant, including,but not limited
to, a Site Impact Traffic Evaluation(January 2002), Stormwater Drainage Report(January 17,
2002), and report on the wetlands delineation from Terrestrial Environmental Specialists, inc.
(June 29, 2001, with additional maps and information submitted January 28, 2002 and February
7, 2002), and a visual assessment form. The EAF and other application materials include
relevant references and analysis of the cumulative impacts associated with possible future phases
of development on remaining portions of the property being acquired by Conifer Realty
Corporation.
In particular, the following specific conclusions were reached by the Planning Board:
1. Transportation
A Site Impact Traffic Evaluation report for Linderman Creek Development Phase II (January
2002),prepared by SRF & Associates was submitted by the applicant and is incorporated into
this assessment. The traffic study analyzes the impact of the Phase II development, anticipated
to be completed within one year, as well as potential future development on the parcels north of
Phase I and Phase 1I. The analysis indicates that the proposal will not have a significant adverse
impact on the surrounding road system or on nearby neighborhoods. The following are some
specific comments regarding the traffic evaluation report.
(1) Proposed Development (pg. 3): The description of the proposed development indicates
that the proposal consists of 96 apartment units and 90 single-family detached homes, and
also includes an analysis of"potential future development"that could include an
additional 128 single-family homes (in Section X). Table I on page 4 contains the total
site generated trips for both the 96 apartments and the 90 single-family homes. This is
somewhat confusing because the actual proposal before the Planning Board is only for
the 96 apartment units and the rezoning to MR Multiple Residence needed for those
apartments. The traffic study should have separated out the "proposed" 90 single-family
homes to be considered as "potential future development"along with the additional 128
single-family homes.
(2) Trip Generation Analysis (pp. 3-5): Aside from the confusion resulting from the project
description referenced above, it turns out that the traffic analysis in this format provides
an even more conservative estimate of traffic that would be generated from the
Linderman Creek development. Based on the combined site generated volumes, Figure 5
indicates that the majority of vehicles exiting Conifer Drive in the morning peak hour are
expected to end up at the Hector Street/Floral Ave. intersection heading into the City
(58/71 or 82%). The results indicate that a very small number of those morning peak
hour vehicles exiting Conifer Drive are anticipated to use neighborhood streets (3
vehicles onto Warren Place and 2 vehicles onto Campbell Ave.). Only 6 vehicles exiting
Conifer Drive in the morning peak hour are expected to head west on Mecklenburg Road,
and of those, only 1 vehicle is expected to turn south onto West Haven Road. Results are
of a similar scale for afternoon peak hour vehicles returning to Conifer Drive. Overall,
the trip generation analysis appears to be very realistic because the ITE trip generation
rates were supplemented with actual generation rates from the Phase I apartment
development.
(3) Capacity Analysis(pp. 5-7): The capacity analysis results (summarized in Table 11 on
page 6) indicate that most of the intersections included in the study will have acceptable
levels of service (LOS)under"full development conditions" (meaning the 96 apartments
plus the 90 single-family homes). Vehicles southbound on Conifer Drive will experience
somewhat longer delays under full development conditions, with LOS in both the
morning and afternoon peak hours changing from "B"to "C",which is still acceptable.
The eastbound Hopkins Place approach to Route 96 currently operates at LOS "E", which
degrades to LOS "F"under background growth conditions. Under full development
conditions,the delay for eastbound traffic on Hopkins Place increases by about two
2
seconds per vehicle. Therefore,the proposed development does not significantly
contribute to the delays at this intersection. Northbound traffic exiting Floral Ave. onto
Hector Street already experiences significant delays in the morning peak hour at LOS
"F". Delays will increase further under both background growth conditions and full
development conditions. This is an existing problem, and is not caused by the proposed
development, although delays are anticipated to increase. The afternoon peak hour LOS
also declines from "C"to"D"between background and full development conditions.
This is still in the acceptable range for side road delays at an unsignalized intersection at
a high volume roadway such as Route 79.
(4) One possible note of concern: The "Analysis of Potential Future Development
Conditions"(Appendix A-7), which evaluates the impact of the additional 128 single-
family homes for the year 2008, indicates that the LOS for suthbound vehicles at the
Conifer Drive intersection at Mecklenburg Road deteriorates to "D" for both morning and
afternoon peak hour traffic. While this is still an acceptable LOS for a side road entering
into high volume traffic on a state highway, it signals future issues for the Town to
consider relating to the future planned through road extension from Conifer Drive
between Mecklenburg and Bundy Roads. This issue does not pertain, however,to the
current proposed development of the 96 Phase I1 apartments.
It should be noted that Tompkins Consolidated Area Transit (TCAT) has indicated that it will
extend Bus Route No. 65 to enter Conifer Drive to pick up and discharge passengers. To
accommodate this bus route extension, the Linderman Creek Phase II and III site plans show the
addition of a bus turnaround area at the north end of Conifer Drive with a bus shelter. This is a
beneficial addition that will provide for safer, more efficient bus service for the existing and
proposed Linderman Creek developments.
2. Stormwater Runoff
The project will result in the conversion of 4.5 +/- acres of meadow and forest to impervious
concrete and asphalt surfaces, for buildings, sidewalks, driveways, parking areas and play areas,
and conversion of 7.15 +/- acres to lawn. Increases of impervious surfaces warrant concern for
increased rates and amounts of surface water runoff, as well as concerns about contaminated
urban runoff, during and after the construction period.
The project site is sloped, with drainage patterns generally tending in an easterly direction.
Drainage from the project site ultimately flows into Linderman Creek,which traverses the
northern boundary of the project site, as well as wetlands associated with Linderman Creek.
The applicant has submitted a stormwater management study entitled "Stormwater Drainage
Report", dated January 17, 2002, which is incorporated into this environmental assessment.
Based on this document, it appears that the proposed stormwater drainage plan adequately
addresses the control and treatment of stormwater runoff, and minimal adverse environmental
impacts from stormwater runoff are anticipated. A detention basin is proposed for the
northeastern area of the site to control stormwater runoff. Details of drainage improvements will
3
need to be addressed in the final site plan and construction drawings. Of particular interest is
how the wetland will function and be utilized in the detention basin.
Sedimentation and erosion control is a very important concern given the slope of the land and the
proximity of Linderman Creek and its associated wetlands. The plans indicate that silt fencing
will be installed all along the perimeter of the project site, on the downhill slopes. Also
proposed are temporary sediment basins located within the project site to collect and trap
sediment laden stormwater for the protection of the wetlands and Linderman Creek.
Because the project disturbs more that five acres of total land area, the project must comply with
the New York State Department of Environmental Conservation(NYSDEC) Pollution Discharge
Elimination System (SPDES) General Permit for Stormwater Discharge from Construction
Activities (GP-93-06). Specific SPDES permit requirements include submission of the Notice of
Intent(NOI) and the preparation of a Stormwater Pollution Prevention Plan. The Stormwater
Pollution Prevention Plan will need to be prepared in conjunction with the final construction
documents.
3. Aesthetics/Visual Impact
The character of the site and the areas to the west, north, and south is a mix of largely
undeveloped land of meadow/forest, agricultural, and low density residential. Immediately east
of the proposed project is Phase I of the Linderman Creek Apartment development, consisting of
56 apartment units in seven buildings. The Phase II proposal, which includes 96 apartment units
in twelve buildings (72 units to be built initially, and the additional 24 units to be built in the
future), would continue this transitional use between the Phase I apartment project, and the
suburban residential development further to the east in the City, with the less developed areas to
the west.
As indicated in the Visual EAF Addendum (Appendix B), the site is adjacent to Mecklenburg
Road,NYS Route 79, a heavily traveled state highway. According to NYS Department of
Transportation traffic counts for Mecklenburg Road, there was an average of 4,187 vehicle trips
per day(both directions) on Route 79 (counts taken near Ithaca/Enfield town line) in 2000.
Although this results in a relatively high number of travelers on the state highway, it does not
appear that the proposed project would significantly affect views in this area.
The view analysis completed for the Phase I Apartment complex project (1998) is pertinent and
appropriate for the Phase II proposal. This analysis indicated that the visibility of the site from
Mecklenburg Road consisted of foreground and mid-range views of predominantly old field and
shrub upland area. Analysis of views from. East Hill and South Hill locations toward the project
site indicated that potential views of the proposed development would be minimal. Residential
development in the West Hill neighborhoods of the City already dominate the views, and the
project site is below the crest of the hill, so it is not likely that proposed buildings would stand
out more than others in the surrounding area.
Careful attention to landscaping and buffering in the site plan nonetheless will be an important
additional means to ensure that the visual impact of the project be kept to a minimum. In
particular, a stronger buffer area around the perimeter of the developed portion of the site would
4
help to prevent visual intrusion on the surrounding area. Additional landscaping and possibly
berming along the road frontage could help to further reduce the visual impacts of this project on
the state road. Additional landscaping within the developed portion of the project would further
minimize potential visual impacts.
4. Agricultural Resources
The character of the site and the areas to the west, north, and south is a mix of largely
undeveloped land of meadow/forest, agricultural, and low density residential. Immediately east
of the proposed project is Phase I of the Linderman Creek Apartment development, consisting of
56 apartment units in seven buildings. The Phase II proposal, which includes 96 apartment units
in twelve buildings (72 units to be built initially, and the additional 24 units to be built in the
future), would continue this transitional use between the Phase I apartment project, and the
suburban residential development further to the east in the City,with the less developed areas to
the west.
As indicated in the Visual EAF Addendum (Appendix B), the site is adjacent to Mecklenburg
Road,NYS Route 79, a heavily traveled state highway. According to NYS Department of
Transportation traffic counts for Mecklenburg Road,there was an average of 4,187 vehicle trips
per day(both directions) on Route 79 (counts taken near Ithaca/Enfield town line) in 2000.
Although this results in a relatively high number of travelers on the state highway, it does not
appear that the proposed project would significantly affect views in this area.
The view analysis completed for the Phase I Apartment complex project (1998) is pertinent and
appropriate for the Phase 1I proposal. This analysis indicated that the visibility of the site from
Mecklenburg Road consisted of foreground and mid-range views of predominantly old field and
shrub upland area. Analysis of views from East Hill and South Hill locations toward the project
site indicated that potential views of the proposed development would be minimal. Residential
development in the West Hill neighborhoods of the City already dominate the views, and the
project site is below the crest of the hill, so it is not likely that proposed buildings would stand
out more than others in the surrounding area.
Careful attention to landscaping and buffering in the site plan nonetheless will be an important
additional .means to ensure that the visual impact of the project be kept to a minimum. In
particular, a stronger buffer area around the perimeter of the developed portion of the site would
help to prevent visual intrusion on the surrounding area. Additional landscaping and possibly
berming along the road frontage could help to further reduce the visual impacts of this project on.
the state road. Additional landscaping within the developed portion of the project would further
minimize potential visual impacts.
5. Character of Community
The Town of Ithaca Comprehensive Plan (September 1993) designates the project site and
adjacent areas to the north and south as "Suburban Residential," which anticipates additional
residential growth that can be served by public water and sewer facilities. This area is also zoned
R-15 Residence, which can have a maximum residential density of 3.5 dwelling units per acre.
5
The proposed Phase II development would have a density of approximately 6.3 dwelling units
per acre (96 apartment units on 1.5.26 acres), which appears to be consistent with the goals of the
Comprehensive Plan. A rezoning from R-15 Residence to MR Multiple Residence would be
required. This site is on the edge of the anticipated growth area in the town. The proposed
density appears to appropriate as a transition between the urban/suburban densities of the City to
the east and the lower residential densities and agricultural use to the west in the town.
The Phase II development will require community services (e.g., recreation, education,police,
fire protection, etc.). Although there are continuing pressures in municipal budgets to continue
such services at acceptable levels and the resulting pressures on the local property tax base, there
are no known capacity deficiencies in these service systems that would be impacted by the
proposed development. The Town of Ithaca Town Board has adopted the Park, Recreation and
Open Space Plan, which identifies future park and recreation needs for the town. In particular,
this Plan identifies the need for a community park on this area of West Hill.
As noted in the section regarding Transportation, the applicant has indicated the possibility of
future development of the remaining lands north of the project site. In a discussion with the
Planning Board on February 19, 2002, the applicant discussed possible future plans for
additional dwelling units,with the possibility of approximately 70 single family homes and 64
apartment units, at some unspecified future time. These areas are currently zoned R-15
Residence and are designated as "Suburban Residential" in the Comprehensive Plan. This
additional residential growth would be consistent with the Town's stated planning objectives.
Specific environmental impacts will be evaluated when and if specific development proposals
are submitted. Meanwhile, the Transportation section indicates that the future development of
up to 218 single-family homes would still not have significant impacts on the surrounding
transportation system.
This Notice is being distributed to:
Involved Agencies:
Erin M. Crotty, Commissioner,NYS Dept. of Environmental Conservation
Janis M. Gross, Associate Transportation Analyst,NYS Dept. of Transportation
Kevin R. Carlisle, Assistant Commissioner for Community Development, NYS
Division of Housing and Community Renewal
Nathan L. Rudgers, Commissioner,NYS Department of Agriculture and Markets
Richard M. Lord, NYS Parks, Recreation, and Historic Preservation
John B. Rintoul, Deputy District Engineer, US Army Corp of Engineers,
Buffalo District
John M. Andersson, Tompkins County Department of Health
Catherine Valentino, Supervisor, Town of Ithaca Town Board
Kirk Sigel, Chair,Town of Ithaca Zoning Board of Appeals
Others:
Kenneth Lynch, Director, Region 7,N.Y.S. Department of Environmental Conservation
Gordon Reimels, Resident Engineer,N.Y.S. Department of Transportation, Region 3
Fernando DeAragon, Director, Ithaca-Tompkins County Transportation Council
6
Mayor Alan Cohen, City of Ithaca
Julie Conley Holcomb, City Clerk, City of Ithaca
H. Matthys Van Cort, City of Ithaca Dept. of Planning & Development
Edward C. Marx, Commissioner, Tompkins County Department of Planning
Dwight Mengel, Tompkins Consolidated Area Transit
Brian Wilbur, Fire Chief, City of Ithaca Fire Department
Stacy Crawford, Better Housing for Tompkins County
Russell DeMond, Chair, Tompkins County Agriculture & Farmland Protection Board
Clifford Blizard, Chair, Town of Ithaca Conservation.Board
John Fennessey, Conifer Realty
Daniel Walker, Director of Engineering, Town of Ithaca
7
FI LE
DATE
ADOPTED RESOLUTION: RESOLUTION NO. 2002-19
Preliminary Site Plan Approval,
Preliminary Subdivision Approval, and
Recommendation to Town Board Regarding Rezoning
Linderman Creek Apartments, Phase II & III
Mecklenburg Road (NYS Rte 79)
Planning Board, March 5, 2002
MOTION made by Tracy Mitrano, seconded by George Conneman.
WHEREAS:
1 . Conifer Realty, LLC has requested a Rezoning, Site Plan, and Subdivision approval for the
proposed Linderman Creek Phases II and III development to consist of 96 apartment units (72
units to be built initially in Phase II, 24 units to be considered in Phase III) in twelve buildings to
be located on 15.2 acres to be located off of Mecklenburg Road (NYS Rte 79) at Conifer
Drive, a private drive, Town of Ithaca Tax Parcel Nos. 27-1-13.12 and -13.16, Residence
District R-15. The proposal also includes a community building, access drives, 'parking,
sidewalks, landscaping, and a recreation area including a pavilion, and play structures. The
proposed development would consist of affordable housing units with 36 of the units being
handicapped accessible or handicapped adaptable. The applicant has requested a rezoning
of the proposed housing site from R-15 Residence to MR Multiple Residence. Estate of
Anthony Ceracche, Owner; Conifer Realty, LLC, Applicant; John Fennessey, Agent, and
2. The Town of Ithaca Town Board, in a resolution dated April 9, 2001, has referred the petition
to rezone the above-referenced parcel to the Planning Board for a recommendation, and has
authorized and requested that the Town of Ithaca Planning Board act.as lead agency for
environmental review of the proposed rezoning, and
3. The Town of Ithaca Planning Board, at its meeting of February 5, 2002, declared its intent to
act as lead agency for the environmental review of the proposed Rezoning, Site Plan, and
Subdivision Approval for the proposed Linderman Creek Apartments Phase 11, and circulated a
notice of intent to serve as lead agency to.involved and interested agencies, and
4. The proposed Rezoning, Site Plan and Subdivision Approval are Type I actions pursuant to
the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Local
Law No. 5 of the Year 1988 Providing for Environmental Review of Actions in the Town of
Ithaca, and
I
5. The Planning Board, at a meeting held on February 19, 2002, began review of the Full
Environmental Assessment Form (EAF) Part I prepared by the applicant, and other application
I materials, and
{
L
6. The applicant has submitted preliminary plans, Sheets L-1 through L-6 and C-1 through C-4,
dated January 17, 2002, Sheets A-101 through A-104, dated January 17, 2002 and January
21, 2002, and other application materials and drawings, and
7. The Planning Board, at a meeting held on March 5, 2002, has reviewed and accepted as
adequate the Full Environmental Assessment Form (EAF) Part I prepared by the applicant, the
Parts II and III of the EAF as well as a Visual EAF Addendum, prepared by the Town Planning
staff, and has reviewed other application materials, and
8. The above-referenced EAF incorporates specific studies and reports prepared and submitted
by the applicant, including, but not necessarily limited to, a Site Impact Traffic Evaluation
(January, 2002), a Stormwater Drainage Report (January 17, 2002), and a Wetland
Delineation Report (June 29, 2001, with additional maps and information submitted January
28, 2002 and February 7, 2002), and
9. The. EAF and other application materials include relevant references and analysis of the
cumulative impacts associated with possible future phases of development on remaining
portions of the property being acquired by Conifer Realty LLC, and
10. The Town Planning staff has recommended a negative determination of environmental
significance with respect to the proposed Rezoning, Site Plan, and Subdivision Approval, and
11. The Town Planning Board established itself as lead agency at the March 5, 2002 meeting, and
made a negative determination of environmental significance, and
12. The Planning Board, at a Public Hearing held on March 5, 2002, has reviewed and accepted
as adequate preliminary plans entitled, "Linderman Creek Apartments Phase II, Preliminary
Site Plan & Details (L-1), Overall Grading Plan, Erosion Control Plan, & Details (L-2), Enlarged
Grading Plan-West (L-3), Enlarged Grading Plan-East (L-4), Storm System Plan & Details (L-
5), Planting Plan & Details (L-6), Site Utilities Plan & Details (C-1), Site Electric & Lighting Plan
(C-2), Site Utility Details (C-3), and Site Utility Details (C-4)," prepared by Carl Jahn &
Associates and dated January 17, 2002; floor plans entitled "Linderman Creek Apartments
Phase II, One Bedroom Unit Plans & Elevations (A-101), Two Bedroom Unit Plans &
Elevations (A-102), Three Bedroom Unit Plans & Elevations (A-103)," dated January 17, 2002,
and "Community Building Plan & Elevations (A-104)," dated January 21, 2002, all prepared by
DLK Architecture, P.C.; a preliminary subdivision plat entitled "Revised Final Plan, Linderman
Creek Apartments, Lands Now or Formerly Anthony Ceracche, Part of Military Lot 56, Town of
Ithaca, Tompkins County, New York," prepared by C.T. Male Associates, P.C., and dated
January 29, 2002; a revised sheet L-6 dated March 4, 2002, a sheet L-7 dated March 5, 2002,
and a revised Final Plan last revised March 4, 2002, and other application materials.
NOW, THEREFORE, BE IT RESOLVED:
1 . That the Town of Ithaca Planning Board, pursuant to Article XIV, Section 78 of the Town of
Ithaca Zoning Ordinance, hereby finds that:
a. There is a need for the proposed Linderman Creek Apartments Phases II and III in the
proposed location, and in particular, there is a need for affordable housing of the type
proposed by the applicant, and
b. The existing and probable future character of the Town of Ithaca will not be adversely affected
by the proposed rezoning and apartment development, and
c. The proposed rezoning from R-15 Residence to MR Multiple Residence is in accordance with
a comprehensive plan of development of the Town, which designates the project site as
appropriate for "Suburban Residential" development, and in addition, is adequately served by
public water and sewer facilities and will be served by public transit, and
2. That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town
Board enact the proposed local law to amend the Town of Ithaca Zoning Ordinance by
rezoning those portions of Town of Ithaca Tax Parcel Nos. 27-1-13.12 and 27-1-13.16 which
are proposed for the Linderman Creek Apartments Phases II and III development, as shown
on the plan entitled "Proposed Zone Change for Phases II and III Linderman Creek
Apartments, Town of Ithaca, Tompkins County, New York," dated January 30, 2002, to be
more specifically described in a "Schedule A" to be included in the proposed Local Law.
AND BE IT FURTHER RESOLVED:
1 That the Planning Board hereby grants Preliminary Subdivision Approval for the proposed
Subdivision of Tax Parcel No. 27-1-13.12, 42.9+/- acres total, into three lots of 10.415+/-
acres, 2.772+/- acres, and 29.069+/- acres (.736+/- acres part of. DOT highway); and the
subdivision of Tax Parcel No. 27-01-13.16, 32.44+/- acres total, into three lots of 1.634+/-
acres, 2.079+/ acres, and 28.7+/- acres, as shown on the plat entitled "Revised Final Plan,
Linderman Creek Apartments, Lands Now or Formerly Anthony Ceracche, Part of Military Lot
56," dated January 19, 2002, and prepared by C.T. Male Associates, P.C., conditioned upon
the following:
a. Rezoning by the Town Board for the proposed project site as described above from R-
15 Residence District to Multiple Residence District, prior to the consideration of Final
Subdivision Approval,
b. Approval by the Zoning Board of Appeals of any variances related to the subdivision,
prior to Final Subdivision Approval,
C. Submission of easements guaranteeing access of the large remaining parcels to
Conifer Drive, for review and approval by the Attorney for the Town, prior to Final
Subdivision Approval,
1
d. Revision of the subdivision plat to include accurate proposed acreages and labeling and
clarification of the proposed subdivided parcels as well as the necessary easements to
ensure access to the future development sites, prior to Final Subdivision Approval,
e. No building permits for future phases or development of the remaining large parcels
located north of Phase I and Phase II shall be issued until the access road, extending
from Conifer Drive and over Linderman Creek is reviewed and approved by the Town
Highway Superintendent and Town Engineer,
f. Before construction of the future access road is commenced, any required wetland
permits shall be obtained and a copy-forwarded to the Town of Ithaca for review,
g. compliance with all of the conditions set forth below with respect to the site plan
approval.
AND BE IT FURTHER RESOLVED:
1. That the Planning Board hereby grants Preliminary Site Plan Approval for the proposed
Linderman Creek Apartments Phase II and III development to consist of 96 apartment units
(72 units to be built initially in Phase li, 24 units to be considered in Phase III) in twelve
buildings and a community building to be located on 15.2 acres of Town of Ithaca Tax Parcel
Nos. 27-1-13.12 and 27-1-13.16, as shown on plans entitled "Linderman Creek Apartments
Phase II, Preliminary Site Plan & Details (L-1), Overall Grading Plan, Erosion Control Plan, &
Details (L-2), Enlarged Grading Plan-West (L-3), Enlarged Grading Plan-East (L-4), Storm
System Plan & Details (L-5), Planting Plan & Details (L-6), Site Utilities Plan & Details (C-1),
Site Electric & Lighting Plan (C-2), Site Utility Details (C-3), and Site Utility Details (C-4),"
prepared by Carl Jahn & Associates and dated January 17, 2002; floor plans entitled
"Linderman Creek Apartments Phase II, One Bedroom Unit Plans & Elevations (A-101), Two
Bedroom Unit Plans & Elevations (A-102), Three Bedroom Unit Plans & Elevations (A-103),"
dated January 17, 2002, and "Community Building Plan & Elevations (A-104)," dated January
21, 2002, all prepared by DLK Architecture, P.C.; a preliminary subdivision plat entitled
"Revised Final Plan, Linderman Creek Apartments, Lands Now or Formerly Anthony
Ceracche, Part of Military Lot 56, Town of Ithaca, Tompkins County, New York," prepared by
C.T. Male Associates, P.C., and dated January 29, 2002; and other application materials,
conditioned upon the following:
a. Rezoning by the Town Board for the proposed project site as described above from R-
15 Residence District to Multiple Residence District, prior to the consideration of Final
Site Plan Approval,
b. Obtaining of the necessary Final Subdivision Approval, prior to or concurrent with, Final
Site Plan Approval,
j
C. Preparation and submission of final design and construction details of all proposed
drainage, stormwater management, sanitary sewer and water supply improvements for
review and approval by the Town Engineer, prior to Final Site Plan Approval,
d. Submission of a description of building materials and colors for the proposed buildings
and cut sheets for luminaries on the light poles, prior to Final Site Plan Approval,
e. Revision of plans to show the addition of a sidewalk from the Phase II development
area to the proposed TCAT bus shelter and submission of details of the bus shelter and
method of installation, prior to Final Site Plan Approval,
f. Revision of the planting plan to include proposed landscaping for the Phase III portion
of the site, located on the western edge of the property, as well as additional
landscaping throughout the development, as discussed at the meeting of March 5,
2002, including additional plantings along Route 79 and along the entrance road,
I. Submission of final detailed sedimentation and erosion control plan, as per the
requirements of the NYS Pollution Discharge Elimination System (SPDES) permit for
review and approval by the Town Engineer, prior to Final Site Plan Approval,
M. Submission of details for the proposed stormwater detention basin, including a
description of how the existing wetland will function and be re-landscaped and treated,
prior to Final Site Plan Approval,
n. Provision .of record of application for and approval status of all necessary permits from
county, state, and/or federal agencies, prior to issuance of any building permits,
j. Revision of Sheet I_-2, "Overall Grading Plan, Erosion Control Plan, & Details," to
include the name and seal of the registered land surveyor or engineer who prepared the
topographic and boundary survey, prior to the issuance of any building permits, and
k. modification of the site plan to show the proposed access easement running north from
Conifer Drive, to be 100 feet in width rather than 60 feet, and to show a proposed turn-
around at or near the end of such access easement north of the north line of the Phase
11 parcel (area 12.494 ± acres),
I. no berms are to be constructed higher than shown on the plans, and all other
construction is to be fully in accordance with the approved plans,
M. provision of a copy of the market study demonstrating the demand for the additional
units prior to final site plan approval,
n. submission of written evidence of comment by Tompkins Consolidated Area Transit to
extend Bus Route No. 15 to enter Conifer Drive to pick up and discharge passengers
and to provide the bus shelter to be installed at the proposed turn around,
1
AND BE IT FURTHER RESOLVED:
That the Planning Board hereby finds that there is a need for an emergency access as shown on the
site plan sheets L-1,- L-2, C-2 and others, for safety purposes, and that such emergency access
should.be gate controlled and not open for public access, and therefore, requests that the New York
State Department of Transportation consider approval of such emergency access.
The vote on the motion resulted as follows:
AYES: Wilcox, Hoffmann, Conneman, Mitrano, Thayer, Howe Talty.
NAYS: None
ABSTAIN: None.
The motion was declared to be carried unanimously.
STATE OF NEW YORK)
COUNTY OF TOMPKINS) SS:
TOWN OF ITHACA:
I, Carrie Whitmore, Town—Clerk/Deputy Town Clerk of the Town of Ithaca, New York, do
hereby certify that the attached resolution is an exact copy of the same adopted by the Planning
Board of the Town of Ithaca at a regular meeting on the 5ch day of March 2002.
C,��,C1L � �� ��wc1�.0 Q2•o7-oZ
Deputy Town Clerk
Town of Ithaca
C,T, MALE ASSOCIATES, R C. Et
200 Gateway Park Drive, Bldg. C, P.O. Box 3246, North Syracuse, NY 13212-3246
(315)458-6498 FAX(315)458-4427 www.ctmale.com
LEGAL DESCRIPTION ' 8 2002
60 FOOT INGRESS/EGRESS EASEMENT LJ
gl11Lp�OF 1TkACA
ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, o �ION/1yG
of Tompkins and State of New York, being part of Military Lot 56 and being a 60 foot
wide access easement and being more particularly bounded and described as follow:
Commencing at the intersection of the division line between the lands now or formerly
of Anthony Cerrache as described in Book 565 of Deeds at Page 882 on the west and the
lands now or formerly of Conifer Realty Corporation as described in Book 853 of Deeds
at Page 260 on the east with the northerly margin of N.Y.S. Route 79 (Enfield Center -
Ithaca Road, S.H. No. 1001); thence North 14 deg. 54 min. 53 sec. East, along said
division line, a distance of 397.00 feet to the Point of Beginning; thence North 13 deg.
04 min. 40 sec. East, continuing along said division line, a distance of 353.09 feet to a
point; thence through the said lands of Conifer Realty Corporation the following three
(3) courses and distances: 1) South 76 deg. 55 min. 20 sec. East a distance of 59.89 to a
point; thence 2) South 12 deg. 15 min. 25 sec. West a distance of 355.21 feet to a point;
and 3) North 75 deg. 05 min. 07 sec. West a distance of 65.02 ft. to the point of
beginning, containing 0.508 acres, more or less.
Conifer Realty Corporation
Subject to a portion of a 30 foot access easement betweeny rp
Subs
and the Town of Ithaca by deed dated October 16, 2000 and recorded in the Tompkins
County Clerk's Office in Book 898 of Deeds at Page 119.
Being a portion of lands conveyed by Anthony Cerrache to Conifer Realty Corporation
by Warranty Deed with Lien Covenant dated July 1999 and recorded July 19, 1999 in the
Tompkin County Clerk's Office in Book 853 of Deeds at Page 260.
Prepared by C.T.Male Associates,P.C.
CTM Project No.: 01.4028
Dated March 4, 2002
OF AIFIAi
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Fp ND SJP
Architecture&Building Systems Engineering Civil Engineering Environmental Services Survey&Land Information Services
Tompkins County
DEPARTMENT OF PLANNING
121 East Court Street
Ithaca, New York 14850
Edward C. Marx,AICP Telephone(607) 274-5560
Commissioner of Planning Fax (607) 274-5578
February 26, 2002
Ms. Susan Ritter, Assistant Director of Planning
Town of Ithaca
215 N.Tioga Street
Ithaca,NY 14850
Re: Review Pursuant to §239 -1 . -m, and -n of the New York State General Municipal Law
Action: Subdivision and Site Plan Review, Linderman Creek Apartments Phase 1I,Conifer
Drive (just off of Mecklenburg Road),Tax Parcel Nos. 27-1-13.12 and 27-1-13.16
Dear Ms. Ritter:
This letter acknowledges your referral of the proposal identified above for review and comment by the
Tompkins County Planning Department pursuant to §239 -1 , -m, and -n of the New York State General
Municipal Law. The Department has reviewed the proposal, as submitted. and has determined that it has no
negative intercommunity, County, or State impacts.
The Department offers the following comments on this proposal:
The Stormwater Drainage Report states that post-development flow through the 4" outlet pipe proposed for the
detention basin will exceed the current 10-year storm event volumes, however the Report does not say by how
much. This flow increase should be evaluated to determine if it will negatively impact any drainage systems
downslope of the project area. Additionally, the Town Engineer should coordinate with the City Department of
Public Works to look closely at any potential impacts to downslope properties in the event that there is an
obstruction in the 4' outlet pipe and the emergency spillway actually needs to release 50.3 efs of stormwater
flow.
The Town and the City should also work together to provide for the continuation and connectivity of the street
system along the Town/City border. In particular, since there is a reserved right-of-way in the City which
adjoins the Linderman Creek Apartments property, the Town should require that the internal street pattern in
this development connect to Oakwood Lane via the reserved right-of-way.
We also note that there are differences in the number of units being proposed for Phase II, Phase III, and future
units. The Environmental Assessment Form's Description of Action section refers to 96 apartments in Phase II
and III and potentially 79 future homes. SRF & Associates' Traffic Evaluation refers to Phase II consisting of
96 apartments and 90 single-family homes. plus potential development of 128 additional single-family homes.
This discrepancy of 139 single-family homes needs to be rectified.
It is unclear from the drawings where exactly the 2.8 acres of buffer along Linderman Creek (mentioned in the
EAF Description of Action) will be located in relation to the proposed Phases II and III, as well as future areas
contemplated for development.
Finally, under the State Environmental Quality Review Act, the Tompkins County Planning Department is not
an involved agency for this project. We have no comment on the designation of the Town of Ithaca as lead
agency.
Please inform us of your decision so that we can make it a part of the record.
Sincerely,
I
Edward C. Marx, AICP
Commissioner of Planning
cc: Tim Joseph, District 12
Barbara Blanchard, District 1
■
i ainderman Creek
27.-1-13.12 27.-1-13.16
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TOWN OF ITHACA
AFFIDAVIT OF POSTING AND PUBLICATION
I,Dani L. Holford,being duly sworn,depose and say that I am the Town of Ithaca Building and Zoning Department
Secretary,Tompkins County,New York;that the following notice has been duly posted on the sign board of the Town of Ithaca
and that said notice has been duly published in the local newspaper,The Ithaca Journal.
Notice of public hearings to be held by the Town of Ithaca Zoning Board of Appeals in Town Hall,215 North Tioga
Street, Ithaca,New York on Mondav,April 15, 2002,commencing at 7:00 P.M.,as per attached.
Location of sign board used for posting: Town Clerk Sign Board—215 North Tioga Street.
Date of posting:April 5,2002
Date of publication:April 8,2002
5��' Cvr\—
Dani L.Holford,Building and Zoning De artment Secretary,
Town of Ithaca
STATE OF NEW YORK )SS.:
COUNTY OF TOMPKINS)
Sworn to and subscribed before me this 8th day of April 2002.
Notary Public
CARRIE WHITMORE
NotarY Public, State of New York
No. 01 WN6052877
Commisslon.Expiry S-December 26,oce�76-�
TOWN OF ITHACA' lr,—:
ZONING BOARD r
:.NOTICE OF
PUBLIC HEARINGS'
`'MONDAY,APRIL•13,
200&T00 P.M
'Byd+rechonof he'Chduman a >
;ot the Zohin"g'Booiif,oF
ppeeals..NOTICE IS HEREBY,,,-
at' Li lic Nearing4` f '
will'beheld'bq{tfie°Zoding;. ;
BodFd'oF'Appeols of_the
;Town'of.Ithaca+on Monday,`; t'
April.;'I . 2002, '•Town'.:,:!.,•
Noll; 213= North'.Tiogga
Street; sTioga ,Sfreet
tcdn'c41ENCING'e;'It.hoco,.N:Y, t
•COMf •:AT:•7:00�,�i, ':� '
;.'on s the•following;mob. a
•tars: _
APPEAL*of Deborah"-V41en• !
:tine�'Appellant,:' Attorney,';,,j.
Pbu�'-'•Tavelli,%-Ager t,.re•
rquesting ayariance from the, ! .. APPEAI',of,Geo'r Blarf' "
•requirements.•of Article;'IV; ;:' ge'' + '
i chard,'Appelldnt;•'reque'stingy ;-
'Secfion`"14•oI the'Town o�`'• i a.. 'variance [from"the.' :
Ithaca Zoningg Ordinance;1'... +.. requiremenh:of Article; V,i,: :+,',
II be permiMedao maintain,on ! Section 21''and r23�oF.the ..,+
Ezi3tin '"`fwofbmily'"home'..I Town oF,Bhoco: hi" Ordt-, ("'
9 a s-,.. r ringg with :.d, .nortl "ride. yord ,t, nonce and<SecYion'280o`of ::
burldmg setback of 7'+Meet t New'York Slate Town;law >r►-
from an atbchr •0arage ! in order to.create by subdrvr i.�
�10 foot setback requuedt at t' '.Sion.a buildin lot Ihot does
20 Pme_Tree Road, Town gg
i'. InoftrontanoTown;,County,Y iof..�a�ioca Tax%Parcel'No' '- for'Stoterhi hwoy,near.J65.:
i'58=2.20{.Residence Dist i4k, King 'Road+.Ecst;'Town- of:',V'.
R=15 [Ithoco Joz Parcel..'No:fAPPEAI of.•Conifer;Reol
b 44 2 7 Residence District -
,�LC Appellant John,Een..-. r •
enessey Agent,requestng-a i Said Zoning Board of Ap:
r i o n c e, from :the ,peals will bt said time;7:00 i
requirements-of Artide'IV;•.; i p.m.;.and said place, hear,Town
h 1 o"6'Z 16 of•'fhe'l'. i all,persons in'supPori of Town oflthaco2oning,Ordi,'r.{^r (such.-matterror o lectioos.Nance and Seefiom 280d,of'.' .,, rthereto:Persons may appear:New York State Town,law' :;,• gg
to be permitted to create,.by nydrv�dudls wrthrnvisuolor.to
subdivision, buildin hearing-.impairmerits.•,:oi'.oh:not''having.trontage on^ .�' other-'specidl needs,=;ash a'-_Towwn, Count'y or State' + a ro riate;r will be highway'near i300-heck. !+a ppp P pro','-;..'
'lenbu.r Road, Town of 's vrded•with assistance, as =.".
'Rhoco 7dx Porcel No.' necessary, upon'request.- .
;27=1.13:12 .and :13.16,' 's + ,Parsoj desiring osststonce .1
.Residence District R-15.'` , ••'4 ': mush"make such c•request ..
APPEAL of-JohnTilifz,Appel i -� not less than 48 hours,pr' {: .. .
wont,.requesting a varionce-.-b h !hn lime of•the public FJr
from-the requirement of Arli• 'j ' g .Andrew S:Frost .- 'the,V,Section th and o-of : Director of Buildingg y•,•the-Town of Ithaca Zoningg b t and Zoning 273-1783 'Ordinance to lie permin8d j ''Doted:'April 4 2002 'to construct a single family pril82007 i A
home•on:a buildingg-lot hdv: •{ 3.
ing'd 161 v idth`of 60 feetatr ;4 r _
the�ioadside�''ond.;at„`the ::�.:
maximum front;•�:yyard-seb .,•;E ;
bock,whereas 100 feef,and
;150 feet respediveIy is re;' '
guired near 1.447 TFormi,'r h
sourgg3. Town of Ithac
;7oxrParcel'No. 23,1.41'.2,: �s. '
Reside'nce''Dishicf
'AP„PEAL'=.'oF..Michael`6"rid •,I.s
brie'Lupo,.APpellonfs,':re '
questing o vorianee'from the,•
requirements;of.Article
Section,2a and 23 of the
no lthaco Zoningg Ordi-"
.nonce arid Section 280a
New.+York State Town'Law, •s'
Jo'W',permitted'to'fiuild•'a; v,y'
iresidenceeon a buildingdot M "'
�;having:o kit'width.of 60 feel;' .M'•
[at.the,roodside,add,at the- • s I
maximum ;front ,y'ard,;seb••
bock,whereas'100 feet and
1'50. 11 t1espectiv'ely; is 4+•
dedAj +near"125 Irodell
,'sTo' ,ol.Ithaco sox
I f'brcel_,Nis:?24=1 7:2,.:ResF
Bence District t1;30:
- I
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK) SS.:
COUNTY OF TOMPKINS )
Dani L. Holford,being duly sworn,deposes and says,that deponent is not a party to the actions, is over 21 years of age and resides
at 3482 Potter Road, Interlaken,NY 14847.
That the 5th day of April,2002,deponent served the within Notice upon:
JMS Ithaca Realty, Inc. College Circle Apartments
1001 West Seneca Street 1033 Danby Road
Ithaca,NY 14850 Ithaca,NY 14850
Herman Sieverding Frederick D.Bartholomew
Integrated Acquisition&Development Corp. PO Box 4295
Thomwood Corporate Center Ithaca,NY 14850
PO Box 4860, 15 Thomwood Drive
Ithaca,NY 14852-4860
Leonisa Ardizzone L. Martin Bowman
72 Tulip Street 1010 Danby Road
Bergenfield,NJ 07621 Ithaca,NY 14850
Gordan/Sandra Chambers Current Occupant
3C Vista Lane 1019 Danby Road
Ithaca,NY 14950 Ithaca,NY 14850
Robert L.Farley Timothy/Julie Fullerton
1050 Danby Road 1006 Danby Road
Ithaca,NY 14850 Ithaca,NY 14850
Dell Grover Wm Ill/Marcia Hastings
242 Comfort Road 38 Bruce Street
Ithaca,NY 14850 Walton,NY 13856
Joan A.Heffernan Kathy A. lacovelli
3A Vista Lane 1034 Danby Road
Ithaca,NY 14850 Ithaca,NY 14850
Tom Salm Ithaca Center Service Co. Inc.
Ithaca College I Bella Vista Drive
325 Job Hall Ithaca,NY 14850
Ithaca,NY 14850
Current Occupant JC Kirschman&KC Lee
1002 Danby Road 1005 Danby Road
Ithaca,NY 14850 Ithaca, NY 14850
Joyce Layton Frederick Bartholomew
1029 Danby Road 1022 Danby Road
Ithaca,NY 14850 Ithaca,NY 14850
Edward Mazza J McCord/R Scarofile
307 North Tioga Street 853 Coddington Road
Ithaca,NY 14850 Ithaca,NY 14850
Evan Monkemeyer Scott/Chandra Nash
123 King Road East 1032 '/z Danby Road
Ithaca,NY 14850 Ithaca,NY 14850
2
Henry/Gail LS Neubert Joost Oppenheim
1145 Warren Road 7601 Winterberry Place
Ithaca,NY 14850 Bethesda, MD 20817
Joseph/Jirina Pech David Richards
1021 Danby Road 1058 Danby Road
Ithaca, NY 14850 Ithaca,NY 14850
Amy Robinson Margaret Rumsey
989 Danby Road 110 East Buttermilk Falls Road
Ithaca,NY 14850 Ithaca, NY 14850
Donald Schettini Claude Tissot
115 W 73'd Street, Apt 2D 2250 N Triphammer Road,B6
New York, NY 10023 Ithaca,NY 14850
Norman/Steven Wilson John/Margo Yntema
PO Box 154 993 Danby Road
Lexington, MA 02173 Ithaca,NY 14850
David Herrick,PE QPK Design
TG Miller,PC PO Box 29
203 North Aurora Street 450 South Salina Street
Ithaca,NY 14850 Syracuse, NY 13201-0029
Deborah Valentine Attorney Paul Tavelli
120 Pine Tree Road 405 North Tioga Street
Ithaca,NY 14850 Ithaca,NY 14850
Leland/Mary Carmichael Royal Colle
122 Pine Tree Road 121 Pine Tree Road
Ithaca,NY 14850 Ithaca,NY 14850
Carol George Steven Schwager
119 Pine Tree Road 117 Pine Tree Road
Ithaca,NY 14850 Ithaca,NY 14850
Bruce/Martha Turnbull
118 Pine Tree Road
Ithaca,NY 14850
John Fennessey Anthony Ceracche Estate
Conifer Realty,LLC C/o J Butler Esquire,Tompkins Trust Company
890 Seventh North Street PO Box 6437
Liverpool,NY 13088 Ithaca,NY 14851
M Abdel-Ghany/S Badran Steven Atkin
162 West Haven Road 181 West Haven Road
Ithaca,NY 14850 Ithaca,NY 14850
Robert/Nancy Avery James/Deborah Bilinski
1217 Mecklenburg Road 1209 Mecklenburg Road
Ithaca,NY 14850 Ithaca,NY 14850
3
Michael Carroll Virginia Cobey
1319 Mecklenburg Road 165 West Haven Road
Ithaca, NY 14850 Ithaca,NY 14850
James/Rebecca Driscoll EcoVillage at Ithaca, Inc.
173 West Haven Road Liz Walker,Director
Ithaca,NY 14850 Anabel Taylor Hall
Ithaca,NY 14853
Alfred Eddy Cheryl Gaydosh
544 Bostwick Road 1295 Mecklenburg Road
Ithaca, NY 14850 Ithaca,NY 14850
Wilhelm/Janet Hansen Glenn/Mary Hubbell
1013 Hector Street 1308 Mecklenburg Road
Ithaca,NY 14850 Ithaca,NY 14850
Marijane/Russ Johnson C.Jorg
1304 Mecklenburg Road CH 1261
Ithaca,NY 14850 Arzier, Switzerland
Barbara Lang Bryan/Janet Marler
185 West Haven Road 169 West Haven Road
Ithaca,NY 14850 Ithaca,NY 14850
Mark/Michelle Morse Richard/Mary Perry
161 West Haven Road 107 Bundy Road
Ithaca,NY 14850 Ithaca,NY 14850
Alan/Marcia Sawyer Beverly Schmidt
1215 Mecklenburg Road 177 West Haven Road
Ithaca,NY 14850 Ithaca,NY 14850
Richard/Ruth Stanton Marta Weiner
1219 Mecklenburg Road 1021 Hector Street
Ithaca,NY 14850 Ithaca,NY 14850
Linderman Creek Assoc Rosalind Grippi
850 Clinton Square 9 Orchard Hill Road
Rochester,NY 14604 Ithaca,NY 14850
Anthony Ceracche Estate West Hill Neighborhood Association
C/o Walker Wiggins,Executor Amy Christian
308 North Tioga Street 295 Hook Place
Ithaca,NY 14850 Ithaca,NY 14850
Alternate West Hill Neighborhood Association
C/o Doria Higgins
2 Hillcrest Drive
Ithaca,NY 14850
John Tilitz Mark/Deborah Williams
219 Pearl Street 1453 Trumansburg Road
Ithaca,NY 14850 Ithaca,NY 14850
Deborah Campbell Alice Pitino
1445 Trumansburg Road 2330 Lantana Road,#29A
Ithaca,NY 14850 Lantana,FL 33462
4
Mary Poyer Marlon Byrd
1435 Trumansburg Road 1433 Trumansburg Road
Ithaca, NY 14850 Ithaca, NY 14850
John Wolf Deborah Martin
1431 Trumansburg Road 1429 Trumansburg Road
Ithaca, NY 14850 Ithaca,NY 14850
Jean Swartwood Ken Poyer
PO Box 203 125 Van Dorn Road
Ithaca,NY 14851 Ithaca,NY 14850
Doris Davis Dr. N.McGarvey/Terri Young
9 Evergreen Lane 40 Skyline Drive
Ithaca,NY 14850 Holden, ME 04429
Robert Mower Austin Duvemoy
1444 Trumansburg Road 1440 Trumansburg Road
Ithaca, NY 14850 Ithaca,NY 14850
Bruce/Dorothy Babcock Roger/Karen Stark
781 Reef Point Circle 1416 Trumansburg Road
Naples,FL 33963 Ithaca,NY 14850
Michael/Lorie Lupo Margaret Gibson
711 Iradell Road PO Box 86
Trumansburg,NY 14886 Ithaca,NY 14851
Brian/Susan McCutcheon Russell/Virginia Hodnett
6 Windmill Road 125 Iradell Road
Pittsford,NJ 14534 Ithaca,NY 14850
David/Margaret Williams Richard Tubbs/Colleen Winder
1496 Trumansburg Road 1490 Trumansburg Road
Ithaca,NY 14850 Ithaca,NY 14850
William/Athena Grover Bruce/Dorothy Babcock
1486 Trumansburg Road 781 Reef Point Circle
Ithaca,NY 14850 Naples,FL 33963
Peter/Mark Zaharis Town of Ulysses Clerk
145 Iradell Road 10 Elm Street
Ithaca,NY 14850 Trumansburg,NY 14886
Dennis/Joan Halloran
127 Iradell Road
Ithaca,NY 14850
George/Dawn Blanchard S Allen/A Parrot
165 King Road East 8 Lagrand Court
Ithaca, NY 14850 Ithaca,NY 14850
Attica Development Co. Inc. Anthony Augustine
26 Copeland Avenue 149 King Road East
Homer, NY 13077 Ithaca,NY 14850
5
Robert/Susan Barker Richard/Debra Benson
6 Chase Lane 8 Chase Lane
Ithaca,NY 14850 Ithaca,NY 14850
James/Trina Bruno CU Real Estate Department
153 King Road East PO Box DH
Ithaca,NY 14850 15 Thornwood Drive
Ithaca, NY 14853
D Kim/Jane Dunnick S Jr/CM Ferrara
10 Lagrand Court 145 King Road East
Ithaca,NY 14850 Ithaca,NY 14850
S Sr/P Ferrara Tessa Sage Flores
979 Danby Road 154 Compton Road
Ithaca,NY 14850 Ithaca, NY 14850
Doug/Valerie Frederick HC Fuller/JL Fuller
173 King Road East 177 King Road East
Ithaca,NY 14850 Ithaca,NY 14850
Russell/Beth Fuller Michael/Janet Galvan
4 Lagrand Court 6 Lagrand Court
Ithaca,NY 14850 Ithaca,NY 14850
Robert/Paula Jo Gates I Goldstein/T Flores
7 Lagrand Court 154 Compton Road
Ithaca,NY 14850 Ithaca,NY 14850
Hospicare Foundation Inc Tom Salm
172 King Road East 325 Job Hall
Ithaca,NY 14850 Ithaca College
Ithaca,NY 14850
JoAnn Levin Richard/Judy Newhart
12 Chase Lane 171 King Road East
Ithaca,NY 14850 Ithaca,NY 14850
Ruth Poole Stephen/Linda Pope
160 King Road East 14 Chase Lane
Ithaca,NY 14850 Ithaca,NY 14850
David/Brenda Slottje Joseph Smellow
4 Chase Lane 162 King Road East
Ithaca,NY 14850 Ithaca, NY 14850
Karen Stevens G VanValen/K Cutter
199 Pritchard Avenue 200 Connecticut Hill Road
Corning,NY 14830 Newfield, NY 14867
Jere/Kathy Warner C Williamson/C Champagne
I 1 Lagrand Court 9 Lagrand Court
Ithaca,NY 14850 Ithaca, NY 14850
Edward C. Marx John Yntema
Commissioner of Planning 993 Danby Road
Old Courthouse Building Ithaca, NY 14850
121 East Court Street
Ithaca,NY 14850
6
Donald Weir
930 East Shore Drive
Ithaca, NY 14850
By depositing same enclosed in a post-paid addressed wrapper, in a post office under the exclusive care and custody of the United
States Post Office Department within the State of New York. Q 7L
\
Dani L. Holford
Sworn to before me this 5th day of April, 2002
Notary Public
CARRl5.WHITMQRE
Notary Public, State of New York
No. 01 WH60528-7
Tioga County
Commission Expires December 2 ��