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HomeMy WebLinkAboutPB Minutes 1973-11-06 A T TOWN OF ITHACA PLANNING BOARD NOVEMBER b , 1973 A regular Meeting of the Town of Ithaca Planning Board and a Public Hearing were held in the Town of Ithaca Offices , 108 East Green Street , Ithaca , New York , at 7 : 30 p . m . on the 6th day of Novemv6 ber , 1973 . PRESENT : Chairwoman Barbara Holcomb , Robert Scannell , Maurice Harris , Arnold Albrecht , Robert Christianson , Sam Slack . ABSENT * Jack Lowe , Daniel Baker ® ALSO PRESENT : Peter Francese ( Planning Consultant) , Kenneth Kroohs ( Planning Engineer) , Reynolds Metz (Assistant Zoning Officer ) , David Gersh (Attorney) , Evan Monkemeyer ( Developer) , William S . Downing (Architect ) , Jeff Wetzler (Architect ) , Mr . and Mrs . Herbert Monkemeyer , seven interested citizens and members of the press and radio . The Meeting was called to order at 7030 p . m . by the Chair . APPROVAL OF MINUTES MOTION by Robert Scannell , seconded by Robert Christianson . RESOLVED , that the Planning Board Minutes of May 1 , 1973 , be approved as written . • Carried unanimously . MOTION by Robert Scannell , seconded by Robert Christianson . RESOLVED , that the Planning Board Minutes of May 29 , 1973 , be approved as presented . Carried unanimously . MOTION by Robert Scannell , seconded by Arnold Albrecht . RESOLVED , that the Planning Board Minutes of October 23 , 1973 , be approved as presented . Carried unanimously . LOCAL PROJECT APPROVAL FOR SEWAGE DISPOSAL SYSTEMS Mrs . Holcomb stated that' during a conversation with Steve Herman , Tompkins County Health Dept . , she received an advance copy of a letter which will outline a new system adopted by the State of New York for new sewage disposal permits called SPDES ( State Pollutant Discharge Elimination System ) . This is essentially a change in operating procedure . Mrs . Holcomb proceeded to read from the draft copy ( see Official Minutes ) . Mrs . Holcomb stated that what is not clear is whether the Tompkins County Health Dept . can give their approval to a standard residential subdivision which contains more than 4 units . This Board requires approval on a subdivision from the County Health Dept . prior 7 Town of Ithaca Planning Board > 2- November 6 , 1973 to their final approval . • Mr . Scannell stated that it bothered him that in the list of things that have to go to the State , they do not list subdivisions , Mrs . Holcomb stated that she is pursuing this question with Mr . Herman . PUBLIC HEARING : PRELIMINARY SITE PLAN CHANGE FOR PROPOSED SUBDIVISION ON LANDS OWNED BY MONKEMEYER AND ZONED MULTIPLE RESIDENCE ON EAST KING ROAD The Public Hearing was declared open by Chairwoman Holcomb at 7x35 p . m . Mrs . Holcomb presented an Affidavit of Posting and Publica® tion sworn to by the Town Clerk . Mr . Evan Monkemeyer , Mr . David Gersh , Mr . William Downing and Mr . Jeff Wetzler presented the revised site plan to the Planning Board and the public . Mr . Gersh stated that he was appearing on behalf of Mr . Monkemeyer who is developing a parcel of land of some 15 . 15 acres on East King Road . He stated that Mr . Monkemeyer had submitted previousa ly ( December 1971 ) a site plan for this land which , with some modi - fications , the Planning Board had approved . The present site plan , as prepared by William Downing Assoc . , is a slight change and improve ® • ment in the original approved plan and represents 25 units to be developed as Phase 1 . He noted that to the East and to the West on the plan is shown the size and location of the other proposed units . Mr. Gersh stated that the density in the present plan is lower than that previously approved , and , in addition , the present plan makes much better use of the site itself and permits more natural surround® Ings with an absolute minimum of disturbance to the topography . Trees will be left in place , there are open grassy areas any trees from which that are removed being relocated on the site . There will be an attractive treatment of the brook that runs through the site . This brook will be cleaned and deepened but its course will not be altered in any way . Mr . Monkemeyer stated that he will deepen it , shore up the sides . It will be a part of the natural drainage system . There is a lot of growth in the centre of the stream which should be removed . He further stated that he has permission from Mr . Whitlock , a neigh- bor , as stated an the Planning Board Minutes of December 21 , 1971 , to clean out a part of the stream on the Whitlock property . Mr . William Downing , Architect , stated that the present site plan represents a humanist or less formalist approach to architecture , He also presented a magazine called House and Home which pictured essentially what this development will be made up of . He noted that there will be 4 units per building , Mr . Monkemeyer stated that • rental of these units will be his main plan . Mr . Francese inquired about walkways and the architect stated that there will be walkways of either concrete or asphalt . There followed a lengthy discussion between Mr . Francese and the developer and architect clarifying and expanding upon the site plan presented . Town of Ithaca Planning Board - 3 - November 6 , 1973 Among other things , it was noted that there will be laundry facili- ties for each cluster and that each cluster is a separate entity . Ms . Sharon Staz , 117 East King Road , asked if this new plan has a parcel coverage of more than the other plan . Mr . Monkemeyer stated that it did not . The lot coverage of the present plan is about 10% . Mrs . Holcomb stated that the buffer area bordering the Staz property set up previously will . not change . Mr . Monkemeyer stated that the previous plan was based on a modular concept but that company went out of business . At the time that was a problem but it appears now to have been a good thing because the present approach is better and more humanistic . A discussion of drainage followed . Mr . Downing stated that he thought that drainage was not a part of the preliminary site plan approval requirements . Mrs . Holcomb stated that it was most assuredly She further stated that there was no drainage plan approved in the previous presentation and that was specifically mentioned in the Town Board Resolution . The discussion of drainage continued . At the request of Mr , Kroohs , the yard drains in the trash collection area will be moved . A possibility of taking the elbow out of the drainage line was discussed . Ms . Staz objected strongly to the whole concept of this . development . Mr . Monkemeyer pointed out that the present plan represents only one - third of the maximum lot coverage that he could have imposed on the site . Mrs . Holcomb stated that the previous plan had 4 entry drive- , ways , this one has three . The same number of parking spaces is required based on number of units - this one has less units and therefore less coverage . Mr . Francese pointed out that the other plan had some four bedroom units whereas this one is all one bedroom units . Mr . Gersh suggested that it might be useful to see some slides of the site . Several slides were shown by Mr . Monkemeyer . Mr . Francese asked Mr . Monkemeyer why he chose to develop the middle section of the land first . Mr . Monkemeyer stated that it was primarily for marketing reasons , Mr . Richard Wurzel , 1119 Danby Road, stated that he was con- cerned about children coming into his property and asked if there were any plans to put up a fence between the Monkemeyer property and his . Mr . Monkemeyer stated that there should not be a problem with children because these units are all one bedroom units but that there will be a buffer of Scotch pines. 9 Mr . Kroohs stated that he must have a sewer and water plan and also that such plan must be approved by the Health Dept . which requires that a professional engineer ' s stamp be affixed to such plan . Mr . Francese pointed out that if Phase 1 is approved , the other two portions or phases have to be approved by the Planning Board at Town of Ithaca Planning Board ® 4November 6 , 1973 two or more separate approval meetings . Mr . Gersh suggested issuing a building permit for the entire site with a more detailed approval for the centre section . This suggestion was not met with approval . Mr . Kroohs stated that the buildings are close but probably meet the requirements . Mr . Wetzler stated that the bind in the stream as shown on the plan is not really there as sharply . Mr . Francese asked about the plans for the recreation area . Mr . Monkemeyer stated that it will be mowed but left in a natural state . Ms . Staz asked if all the drainage is going into the creek what about the overflow during the bad weather . Mr . Kroohs stated that the capacities for this creek will be checked for a twenty® five year storm . This has not been done as yet but it will be done before anything is completed . Mr . Kroohs also pointed out that Mr . James Calhoun of the Soil Conservation Service is checking over this plan . Mr . Monkemeyer stated that the developer had previously pre = sented letters from the County and the State re run® off and the capacity of the culverts under Rte . 96B . Mr . Kroohs asked that the size of the culverts on the project be shown . Mrs . Holcomb also asked Mr . Monkemeyer to check with the Post Office and find out if the proposed mail box locations are alright with them . Mr . Monkemeyer stated that he has already spoken to them and they say it is alright . Mr . Kroohs pointed out that this is rural delivery so Mr . Monkemeyer better check with them again . Mr . Monkemeyer felt that he had spoken to someone in authority . Mrs . Holcomb pointed out a possible legal problem as to the status of the parcel (#431& 2- 9 ) owned by Mr . Monkemeyer ' s father and not Mr . ' Evan Monkemeyer . That parcel was not included in the re - zoning to multiple but is included in this proposed project . Mrs . Holcomb suggested putting in the recommendation that parcel 43m2= 9 be included in the rezoning to multiple . Mr . Gersh will look into this legal problem , Mr . Kroohs stated that rezoning is needed but the question is whether a transfer of title is needed . Mr . Kroohs suggested that Mr . Monkemeyer go see the Post Office again on the other phase because it is his understanding that they do not want to have to go into reverse gear to leave an area they want to tum around easily . Ms . Staz stated that it was her understanding that the buffers were to be up and growing prior to construction . Mrs . Holcomb said no - not before construction . Mrs . Holcomb read from the rezoning resolution passed by the Town Board and in the Official Minutes of the Town Board from their meeting of December 31 , 1971 , Page 5 , number 3 . She also read from a Memo from the Planning Board to the Town Board dated December 21 , 1971 . Town of Ithaca Planning Board ® 5 ® November 6 , 1973 Further discussion included a request to indicate on the plan the number of units in each cluster . It was also pointed out that multiple plans must be submitted to the State Building Inspector before the building permit can be issued by the Zoning Officer , Mr . Kroohs also requested that the 15 " outflow from the drainage pipe should be covered . He suggested a grate on hinges down to some type of locking device . Mr . Scannell also requested that a planting plan be indicated . Mr . Kroohs suggested increasing the amount of insulation . Mrs . Holcomb requested that Phase 1 be indicated more clearly . MOTION by Robert Christianson , seconded by Sam Slack : RESOLVED , that the Planning Board of the Town of Ithaca recommend to the Town Board of the Town of Ithaca that Parcel No . 43 - 2� 9 , owned by Ho N. Monkemeyer and considered a part of the Springwood Development , be rezoned to Multiple Residence from R- 30 . There was no further discussion and the Chair called for a vote . Aye s Holcomb , Scannell , Harris , Albrecht , Christianson , Slack • Nay - None . The Motion was carried unanimously . MOTION by Barbara Holcomb , seconded by Robert Christianson . RESOLVED , that the Planning Board of the Town of Ithaca at their regular meeting on November 6 , 1973 , give and hereby does give condi® tional preliminary approval to Site Plan # 73 - 461 , as revised 6 Novem- ber 1973 by William Downing Associates , for Phase 1 of " Springwood" , located on East King Road and to be developed by Evan Monkemeyer , and FURTHER , that the Planning Board of the Town of Ithaca recommend to the Town Board of the Town of Ithaca that they call a Public Hear® ing to consider final site plan approval for this project . The condi ® tions to the Planning Board preliminary approval are as follows : 1 . The developer shall supply a more detailed landscaping plan for Phase 1 of the proposed development . He is to show location of bridge crossings to the recreation area . 2 . There is to be a calculation of the volume of water that will drain into the creek . 3 . Any existing utility easements on the property should be shown on the site plan . 4 . The size of the four proposed culverts are to be indicated . 5 . Before presentation to the Planning Board on the 20th of November , 1973 , site plan must have Tompkins County Health Department approval for water and sewer plans for Phase 1 . Town of Ithaca Planning Board - 6 - November 6 , 1973 ® 6 . The proposed Sign will be approved separately in accordance with the Town of Ithaca Sign Ordinance , 7 . The re zoning of the former Beatty property ( Tax Parcel No . 43 2- 9 ) not included in the original re - zoning to Multiple Residence must be completed . 8 . Location of hydrants must be indicated . 9 . The boundaries of Phase 1 of the proposed development are to be outlined . 10 . The Planning Board intends to put a time limit on the completion of the buffer planting and the work on the deepening of the creek off- site . There being no further discussion , the Chair called for a vote . Aye e Holcomb , Scannell , Harris , Albrecht , Christianson , Slack . Nay - None . The Motion was carried unanimously . The Chair declared the Public Hearing closed at 9 : 30 p . m . VINCENT FRANCIAMONE REQUEST TO REZONE LAND ON RIDGECREST ROAD FROM Rm30 TO R- 15 . Mrs . Holcomb stated that at the last Planning Board meeting of October 30 , 1973 , she had read a letter from Mr . Franciamone requesting the rezoning of his property from R" 30 to R- 15 and that the matter had been referred to the Town Attorney . Mrs . Holcomb read a letter dated November 1 , 1973 , from Mr . John Barney of the firm of Buyoucos & Barney , Attorneys for the Town of Ithaca which indicated that in view of the history of Mr . Franciamone ' s relationship with the Town vis - avis litigation with the Town over compliance with various aspects of the zoning ordinance , as well as the fact that the Planning Board does not have the power to alter the zoning ordinance , it would be their recommendation to the Planning Board that Mr . Franciamone be advised to direct his inquiry to the Town Board , It was the consensus of the Planning Board members that if the Town Board instructs the Planning Board to begin the usual procedures to consider rezoning which will include public hearings , they will be happy to do so . It was agreed that Mrs . Holcomb will see that Mr . Franciamone is informed of the procedure suggested in Mr . Barney ' s letter , and , if the Town Board instructs the Planning Board to begin proceedings it will be done . PROPOSED ZONING ORDINANCE . The Planning Board continued now with further discussion of the proposed zoning ordinance . Town of Ithaca Planning Board - 7 - November 6 , 1973 ADJOURNMENT The meeting was adjourned at 9e59 p . m . by the Chair . Respectfully submitted , Nancy M. Fuller ® BUYOUCOS & BARNEY ATTORNEYS AT LAW SAVINGS BANK BUILDING JAwRs V. BUYOUCOS ITHACA , NEW YORK 14850 AREA CODE 807 JOHN C. BARNEY PHONE 273- 8841 GRANT VAN SANT November 1 , 1973 Mrs . Barbara Holcomb Chairman Town of Ithaca Planning Board 108 E . Green Street Ithaca , New York 14850 Re : Request by Vincent Franciamone for Rezoning Dear Barbara : In accordance with our discussions , this is to confirm to you our advice concerning the above application . As we understand it , Mr . Franciamone has addressed a letter to you requesting rezoning of his property on Ridgecrest Road from R- 30 to R-15 . As you know , Mr . Franciamone has been involved in a fair amount of litigation with the Town over compliance with various aspects of the zoning ordinance , and it may very well be that at present he continues to be in violation . Given the history on Mr . Franciamone ' s relationship with the Town , as well as the fact that the Planning Board does not have the power to alter the zoning ordinance , it would be our recommendation to the Planning Board that Mr . Franciamone be advised to direct his inquiry to the Town Board . V 'ruly yours , ohn C . Barney JCB : des i v ' r J j2gAL�PR�O.7ECT APPROVAL for SEWAGE DISPOSAL SYSTEM § TheStsite of New York has adopted a new system for new sewage disposal permits called SPDES ( State Pollutant Discharge :Elimination System ) effective September 1 , 1973 29 Local `Health •Departments can issue • permits directly . only if all the following are met . a ) Flow. less than 1000 gallons per day b) '° ' One or two families . Less than nine persons ' d ) ' ' Residential use only e ) .Discharge in into the , ground 30 A11. other permits must be obtained from the State of New. York =, through the county: Health ' Departments , Items14 .1 which , require , these permits are . a )- - Sand :i Filteks b ) Sewage. systems for commercial and multiple '' family 1. 41 dwellings ;. C ) Lagoons d ) ' r Private sewage$ 1 ,.treatment plants with surface discharge 40 According to various estimates , it , will take from two ( 2 ) to six ( 6 ) months to 'obtain the SPDES ' permit after initial submis ion , to the Health Department . r - f ., t f AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , No Y , I , Edward L . Bergen being duly s g y sworn , say that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and that the notice has been duly published in the local newspaper : ( The Ithaca Journal ) Notice of Public Hearing of the Town of Ithaca Planning Board to consider preliminary site plan change for the proposed subdivision on lands owned by Monkemeyer and zoned multiple residence on East King Road • Location of sign board used for � posting : Entrance to Town Offices at 108 East Green Street ( third floor ) , Ithaca , New York Date of Posting : October 31 , 1973 Date of Publication ; November 2 , 3 , 5 , 1973 Edward L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SSa Town of Ithaca Sworn to before me this 6th day of November � 19 73 --.NOTARY CHPISTINE R• ['UCL, Notary; 1 Ic, St.. < r c { (�uaiified m "Ionp :;• ., s CouriLy Term Expires March 30, 19-75 NOTICE OF PUBLIC HEARING TOWN OF ITHACA - - - • -PLANNING BOARD- BY DIRECTION of the Chairman of the Planning Board of the Town of Ithaca . NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Board of the Town, of N Ithaca on the. 6th day of November. 1973. at 7 :30 . P.M. in the Town of Ithaca Offices. 3rd Floor, 108 East Green Street. Ithaca. New York, for the purpose of hearing all persons interested in the consideration of a preliminary site plan change for, the proposed subdivision on lands owned by Monkemever and zoned multiple residence on East King Road. Dated : October 31. 1973 Edward L. Bergen Town Clerk Town of-Ithaca— November 2. 3. 5. 1913 This is to inform you. that the Planning Board of m the Town of Ithaca will hold�a Public Hearing on - the sixth of Noveinber9 1973, at 7 # 30 Pomo concerning certain site plan revisions for the • 15 acre parcel of land owned by Evan N . Monkemeyer , To be held at . . . . Town of Ithaca Offices 108 East Green Street