Loading...
HomeMy WebLinkAboutPB Minutes 1974-08-13 I r TOTM OF ITHACA PLANNING BOARD REGULAR MEETING AUGUST 13 , 1974 A regular meeting of the Planning Board of the Town of Ithaca was held on the 13th day of August , 1974 , in the Town Offices , at 108 East Green St . F Ithaca , N . Y . at 7 : 30 p . m . PRESENT : Chairwoman Barbara Holcomb , Robert Scannell , Robert Christianson , Jack Lowe , Daniel Baker , Maurice Harris , Arnold Albrecht , Sam Slack . ALSO PRESENT : Lawrence Fabbroni ( Planning Engineer/ Zoning Officer ; Reynolds Metz (Assistant Zoning Officer ) , Robert Anderson , W . Burr Chase , Willis Se Hilker , Stephen Brouwer , Scott Heyman , The Meeting was called to order by the Chair at 7 : 35 p . m . APPROVAL OF MINUTES MOTION by Mr , Robert Scannell , seconded by Mr , Arnold Albrecht ° RESOLVED , that the Minutes of the Town of Ithaca Planning Board of April 23 , May 7 , May 21 , and June 4 , 1974 , be approved as presented with no additions or corrections , There was no further discussion and the Chair called for a vote with all members present voting aye , The MOTION was declared carried . REPORT OF ZONING OFFICER Mr . Fabbroni reported that he had issued 13 permits in July , 3 of which were for additions and 10 of which were for single® family homes . He issued 2 certificates of occupancy and investigated several complaint ; He stated that he took action on one complaint and preliminary action on another , which is a violation in that there are two families on a single lot * The party in violation has until September 1 , 1974 , to comply with the zoning ordinance , Mr . Scannell asked Mr , Fabbroni what is happening on Sapsucker Wood : Road ( Lucente Matter ) , Piro Fabbroni stated that he has talked with the Attorney for the Town , The Attorney is preparing to take the matter back to the Court , Time will tell if a non_ conforming use defense will be used . A legal non- conforming use defense may be brought up on the basis of the first case involving Mr . Lucente and the Town , Mr , Fabbroni felt that after September 1 , 1974 , is a better time to start checking on the occupancy of the houses on Sapsucker Woods Road owned by Mr . Lucente after the students are in , The Town does have evidence from the neighbors that there are seven bedrooms either in the houses or being constructed and also eveidence from those people who were turned out of their apartments , Mr . Fabbroni stated that he will continue to veep tabs on the Lucente matter and will work closely with the Attorneys for the Town , ® Mr , Fabbronni also reported that the Zoning Board of Appeals denied the request of Mrs , Amy Suzanne Soyring to divide her lot on Taughannock Blvd , He further reported that the Board discovered in the process of :his appeal that there is another apartment in the cottage , So . there are two illegal apartments on the lot , Mrs . Soyring has been told that ` Town of Ithaca Planning Board ® 2 ® August 13 , 1974 removal of the two apartments is necessary for any further considera - tion of possible compliance of her lot . Mr . Reynolds Metz , Assistant Zoning Officer , reported that he had received an application from Pmna Carpenter , 256 Hapts Road , for a building permit to construct a one family dwelling on a lot of 250 ° x 250 ° taken out of a parcel which is approximately 20 acres , If this were allowed she would have a driveway of 1/ 3 to 1/ 2 a mile . Mr . Metz stated that the Zoning Officer has not issued permits for buildings that are not on a public road or have direct access to a road . Mr . Fabbroni suggested that Mrs . Carpenter could split the lot by taking out the area around the front house and making it one parcel and then the back proposed house would have access to a main road . The Planning Board members could see no particular problem with the subdivision of Mrs , Carpenter ' s lot so that the front house is on a separate parcel . REPORT OF PLANNING ENGINEER Mr . Fabbroni stated that he has a problem with the inspection of older houses or dwellings as far as their condition and acceptability for human habitation , he would like to know what he should do about telephone calls requesting him to inspect dwellings to determine if the: are up to standard , Mr . Scannell stated that if the request is made in order that some one may sell a piece of property , the banks have apprai µ sers who would inspect the property and determine its condition prior to any sale . If the request is because of unfit housing then Mr , Fabbroni should refer the caller to the Board of Health . • Mr . Fabbroni now reported on the Kennilworth Planting Strip at the East Ithaca Plaza on Judd Falls Road , He asked if he could just go ahead with the project . Mr . Scannell felt that Mr . Fabbroni could just go ahead with the lowest bidder . Mr . Fabbroni asked if a curbing is needed because there is a two foot fill buffer . It was Mr . Fabbronils understanding that the curbing was to help keep back the salt from the plantings during the winter . He was not sure . that it was necessary , Mr . Fabbroni went on to describe the plantings and the fill buffer and the general format of the Kennilworth Planting Strip . Mr . Scannell stated that he would like to see a curb along the strip especially on the parking lot edge to prevent salt run off . The matter was left in the capable hands of Mr , Fabbroni , Town Engineer , MARSHALL FARM ON [GEST HILL Mr . Robert Anderson and Mr , W . Burr Chase were present to propose the purchase and subdivision of approximately 14 acres of land on the South side of the Mecklenburg Road only , formerly known as the Marshall Farm , The 14 acres is a part of a total of 125 acres which comprises the Marshall Farm . The proposal includes all of the main farm build® ings , The septic system which is existing and is 621 x 241 x 51 re - quires a little jut into an existing cornfield of 501 x 1501 x 501 so that the 14 acre parcel is not quite square , Messrs . Anderson and Chase are proposing a wholesale produce busi- • r.. ess . The produce would be mostly grown on the land , but some produce would be brought in such as cantaloupes , avocados , etc . The retailing of produce would continue to be from the Elmira Road outlet Chased Roadside Stand . Mr . Christianson noted that wholesale marketing of produce does not generate any traffic at all , and even retail would dump very little traffic on Mecklenburg Road , Town of Ithaca Planning Board - 3 - August 13 , 1974 Mr . Scannell asked if this proposed use would require a zoning change . Mrs . Holcomb stated that the area is zoned R- 30 , but the Marshall Farm has been a legal non -conforming use . Mr . Christianson felt that the area is ideal for this operation . Mr . Scannell agreed , but voiced concern about the zoning question . The matter was discusse and the general feeling was that the Planning Board sees no problem with the use so long as it is legal to change ownership and have the non-conforming use continue . Mr . Fabbron will discuss the question with the Town Attorney and determine whether the ownership change is cogent . Mrs . Holcomb informed Mr . Anderson that both he and his partner are prohibited from adding any buildings . Mr . Anderson stated that he was aware of this regulation and noted that there is an existing house: that has two apartments in it for a total of three units and a tenant house . Apparently the three -unit house and the tenant house were there before the adoption of the Town Zoning Ordinance in 1954 . MOTION by Mr . Robert Scannell , seconded by Mr . Robert Christianson;. RESOLVED , that the Planning Board of the Town of Ithaca approve and hereby does approve the use by Mr . Robert Anderson and Mr . W . Burr Chase for an approximately 14 acre portion of the present Marshall Farm , as outlined at this meeting of the Planning Board on August 13 , 1974 , to include production on site of and wholesale sale of produce and storage of produce purchased in the open market in existing buildings prior to wholesale sale or transfer to retail outlet on the Elmira Road , contingent upon the clarification of the question as to whether a non -conforming use is affected by transfer of ownership , There being no further discussion , the Chair called for a vote . Aye - Holcomb , Scannell , Christianson , Lowe , Baker , Harris , Albrecht , Slack . Nay - None . The MOTION was declared to be carried unanimously . PRELIMINARY DISCUSSION OF POSSIBLE CLUSTER DEVELOPMENT OFF CODDINGTON ROAD - - WILLIS HILKER Mr . Willis Hilker was present for a discussion of his proposal for a one - acre parcel in the area of Kendall Avenue and Pennsylvania Avenue on South Hill , off Coddington Road . The parcel is a triangular piece of land which abutts a 66 ° ROW for the Lehigh Valley R . R . and a 501 ROW which was proposed extension of Pennsylvania Avenue . Mr . Hilker wished to determine if the Planning Board felt that he could apply the cluster concept on this triangular parcel in an R- 9 District , Mr . Hilker noted that were the parcel divided into conventional lots the result would be 6 dwelling units - 3 lots with 2 units each , However , as a cluster development there would be 8 dwelling units . The Planning Board members agreed that the best approach to develo • ® ping this parcel would be cluster , however , they felt that 8 units was too many . The consensus of the Planning Board was that 6 units could be placed on this triangular parcel . The Planning Board used the same principle of arriving at 6 per acre in an R- 9 District as provided by the 3 . 5 unit figure allowable in an R- 15 , . i . e . , a figure half way between the units allowable if all lots had " a; single unit and if all lots were developed at 2 per lot . Town of Ithaca Planning Board - 4 - August 13 , 1974 MOTION by Mrs , Barbara Holcomb , seconded by 11r , Arnold Albrecht . RESOLVED , that the Planning Board of the Town of Ithaca will hold a Public Hearing on September 3 , 1974 , at 8000 P . M . for the conm sideration of a proposal by Mr . Willis Hilker for the development of cluster housing on a one - acre parcel off Coddington Road . There being no further discussion of the Motion the Chair called for a vote with all members present voting aye . The MOTION was declared to be carried unanimously by the Chair , There followed a lengthy discussion of future development by Mr . Hilker of all of the 50 ' lots now owned by him in the Penna . Kendall Avenues area . There is a real problem here involving the present zoning ordinance and the proposed one and the procedure to be followed for combining and splitting existing lots to derive more suitable but still sub- standard lots as permitted in the zoning or - dinance , OTTO Be SCHOENFELD - PROPOSED SUBDIVISION IN NORTHEAST OFF BURLEIGH DRIVE ADJACENT TO VILLAGE OF CAYUGA HEIGHTS Mr . Schoenfeld appeared before the Planning Board and presen- ted a letter of Intent dated August 13 , 1974 , " Road Plans " A " and " B " - Development of 18 acres off Burleigh Drive ( see copy attached to Official Minutes of this meeting ) . Mr . Schoenfeld stated that the two proposed plans he was presenting together with the letter above-noted ® are for roads in his development of approximately 18 acres in the Town of Ithaca adjacent to the existing Burleigh Drive in Williamsburg Park . Plan " A " indicates road " A " as an extension of Sandra Place . Mr . Schoenfeld noted that he has the deed drawn and the abstracts ordered conveying Sandra Place to the Town of Ithaca . Plan " B " provides for road " B " ( replacing road " A " ) connecting Uptown Road with road " C " . Roads " C " and " D " would be the same in either case . Mr . Schoenfeld noted that this is a very confused situation . Uptown Drive is now on the books of the Town of Ithaca and is paved but is privately owned . The Town of Lansing , the Village of Cayuga Heights and the Town of Ithaca are all involved because the development is adjacent to all of them . Mr . Scannell indicated a preference for Plan " A " since it is the original plan that was submitted by Mr . Schoenfeld , Mrs . Holcomb and Mr . Lowe preferred Plan " B " because of the residents ' outcry about opening Sandra Place . Mrs . Holcomb stated that Plan " B " alleviates some of the traffic problems on Burleigh Drive , Mr . Fabbroni stated that as a condition to the subdivision approval and as far as the completion of Sandra Place is concerned , it is 100 % clear what the Town Board wants - an 1 . The Town receives an easement for the water line . 2 . Mr . Schoenfeld completes Sandra P1 . to Burleigh Dr . and deeds it to the Town . Mr . Scannell suggested presenting the two plans to the public and ask them which one they want . This was agreeable to the rest of the Board . MOTION by Mr . Robert Sgannell , seconded by Mr . Sam Slack . Town of Ithaca Planning Board ® 5 ® F.ixgust 13 , 1974 RESOLVED , that the Planning Board of the Town of Ithaca will hold a Public Hearing on September 3 , 1974 , at 8 : 30 P . M . for the pur ® pose of considering a preliminary subdivision plan for Otto Schoenfeld in the Northeast with two alternates for road development . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Scannell , Christianson , Lowe , Baker , Harris , Albrecht a.; Slack . Nay - None . The Chair declared the MOTION to be carried unanimously . CLUSTER-TYPE DEVELOPMENT ON WEST HILL e 19 ACRES ON ELM ST . EXT , BROWER AND HEYMAN Mr . Fabbroni stated that he had an addition to the Agenda . Mr . Stephen Brouwer and Mr . Scott Heyman are proposing a cluster -type development on 19 acres of land on Elm Street Extension right next to Coy Glen . Mr . Brouwer proposed the construction of a three unit house at the present time under the cluster concept and that the land would be developed in the future to possibly a total of 12 units _ i . e . , three more 3 -unit buildings , Mr . Scannell noted that as far as cluster goes , the proposal is well within the intent of the zoning ordinance . He stated that Messrs . Brouwer and Heyman should proceed as any other developer and • the Planning Board would tell them what they are required to do for consideration of approval . Mr . Lowe pointed out that once this area is designated as a cluster concept it cannot be sub-divided . Pairs . Holcomb agreed except that if the land is built upon in such a manner that the remaining portion is still sufficient for subdivision . Mrs . Holcomb also noted that the area is zoned R� 30 and Messrs . Brouwer and Heyman can cluster under the present zoning ordinance . Mrs . Holcomb stated that the gentle men must do the following : 1 . Present an overall plan for your anticipated 12 Units , 2 . Consider the first three units as Phase 1 , since you can get Health Department approval immediately . 3 . Since you are going to be a corporation , the Town would have to have a home owners ' agreement for maintenance of open spaces . Mr . Scannell suggested that the little barn proposed be placed somewhere on the 8 acres apart from the cluster area . 4 . You must make a formal application to Cluster under Section 281 of Town Law . 5 . The following steps will be taken by the Planming Board : a . Consideration of preliminary approval to the entire concept , b . Consideration of final approval of Phase 1 which involves Health Dept . approval . ® c . Consideration of final approval of Phase 2 and Health Dept . approval , etc . 6 , Presentation of Easement from Socony Vacuum , MOTION by Mr . Maurice Harris , seconded by Mr . Daniel Baker : RESOLVED , that the Planning Board of the Town of Ithaca will -Town of Ithaca Planning Board m6 � August 13 , 1974 hold a Public Hearing on September 3 , 1974 , at 9 : 15 P . M . for the purpose of considering a preliminary plan for a cluster development of 12 units on Elm Street Extension proposed by Stephen Brouwer , There being no further discussion , the Chair called for a vote , Aye a Holcomb , Scannell , Christianson , Lowe , Baker , Harris , Albrecht , Slack . Nay - None . The Chair declared the MOTION to be carried unanimously . PRESENT WILTBERGER PROPERTY ON TAUGHANNOCK BLVD . 0 1001 ) PARCEL # 21m2 ' * 25 Mr . Victor Warren of Warren Real Estate has contacted Mrs . Holcomb with a question for a client of his in re the Wiltberger proper} at 1001 Taughannock Blvd . The parcel has 1501 frontage and 3001 or more of depth . It is an R- 15 zone and the lot contains an excess of 30 , 000 sq . ft . There is presently a house with one apartment in it on the lot . Permission is requested to construct an accessory building with heat and a bathroom for an artist ' s studio . He also asked whether a 3rd unit in the present house is permissible since he has more land than needed for an R- 15 lot . It is the Board opinion that cluster concept cannot be applied since cluster consideration can only be given at the time of subdivision plat approval , so the third apartment is out . This question should be looked at with a view to the new zoning ordinance i . e . , putting in a third apartment if there is enough land under the cluster concept . The consensus of the Planning Board is that the re ® quest for the accessory building as an artist studio with no house- keeping ( i . e . , kitchen ) is permissible . ADJOURNMENT The meeting was adjourned by the Chair at 10 : 10 p . m . Respectfully submitted , Nancy M . Fuller , Secretary . v OTTO B. SCHOENFELD P. 0 . BOX N0 . 1 ITHACA, N . Y . 14850 August 13 , 1974 Town Of Ithaca Planning Board Regular Meeting , Aug . 13 , 1974 Re : Road Plans "A " na " B " Development of 18 ac . Ladies and Gentlemen : off Burleigh Dr . I submit for your consideration two proposed plans for roads in the develop - ment of approximately 18 acres in the Town of Ithaca adjacent to the exist - ing Burleigh Drive in Williamsburg Park. PLAN "A" originally anticipated , shows Road "A " as an extension of Sandra Place . Plan " B " provides for a Road " B " connecting Uptown Road with Road " C " . Roads " C" and " D" would be the same in either case . ® This preliminary presentation is intended solely for the purpose of determin - ing your and the public ' s preference as to Roads "A" or " B " . In either case depending on the final decision, I will submit detailed plans for the develop - ment of this tract in accordance with the Town ' s requirements as to sewer , water , drainage , roads and fire hydrants . O Respectfully ,yours , Otto B . Schoenfeld r ( Sub- division of : ) Marshall Farm, i{t . 79 , Town of Ithaca , to be used as follows : 1 . All operations will be agriculture oriented . 2 . Wholesale produce business . 3 . Possible retail produce business ; ( No road stand of any type to be on the main highway . ) G . Greenhouse , wholesale operation out of main dairy barn . 5 . Grain storage in the grainery. 6 . Bulk storage in the pole barn . 7 . Flower business , wholesale out of the milk house . 8 . Storage rental of the agriculture items in the hatchery building . 9 . Rental of office soace if needed . 10 . F:ental of two apartments and one tenant house . 11 . Large house to be used by one of the owners of the business fir his home . 12 . Garage use for parking of company equipment . 13 . Bull barn to be used for storage of peat moss , marble chips , and stones . lb . Land to be used for nursery stock growing and planting ; also for cash crops , such as sw et corn, peppers , beans , straw- berries , etc . 15 . No live stock of any type will be on the location . 16 . No type of light or heavy industry will be preformed from the location . All operations will strickly agriculture in nature . 17 . The( Eare involved about 13 - 14 arces , all west of the present location of the building knoiom as the . bull barn . The line will run from the center of Rt . 79 , south about 6501 to 700 ' feet , west , about 911 ' feet , north, about 6501 to 7001 feet , and east about 911 ' feet . This property is located about 7001 feet west of the rand in the Town of Ithaca , known as the West Haven Road , and once known as Titus Road . I /'� ✓ � Y4a - ell 37/7 �� 3� /C z