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HomeMy WebLinkAboutPB Minutes 1975-05-06 TOWN. OF ITHACA PLANNING BOARD MAY 6 , 1975 The Planning Board of the Town of Ithaca met on Tuesday , May 6 , 1975 , in the Town of Ithaca Town Hall at 126 East Seneca Street ( second floor ) , Ithaca , New York , at 7 : 30 p . m . PRESENT : Chairwoman Barbara Holcomb , Maurice Harris , Robert Scannell , Daniel Baker , Richard Black , Robert Christianson , Liese Bronfenbrenner , Lawrence Fabbroni ( Planning Engineer/Building Inspec - tor ) , Reynolds Metz ( Assistant Building Inspector ) , ABSENT and EXCUSED : Sam Slack , ALSO PRESENT : Mr . Walter J . Wiggins , Mr . Jeff Wetzler , Mr , Courtney Crawford , The Meeting was called to order by the Chair at 7 : 35 p . m , REPORT OF THE PLANNING ENGINEER Mr . Fabbroni reported that he has just about finished the traffic counts for the Northeast Traffic Study , He stated that he has com- piled manual as well as machine counts , Mr . Fabbroni stated that the improvements of T111liams Glen Road will be undertaken this summer on West Hill . . Mr . Fabbroni reported that the application by the Town for inclusion in the National Flood Insurance Program together with all the required materials will be ready for next week ' s Town Board Meeting - May 12 , 1975 . He commented that the Town has to publish an amendment to the Zoning Ordinance which he has prepared . The amend - ments are in General terms for now but will be more stringent at a later time , he noted that HUD through the Corps of Engineers will do a follow-up study of the 100 -year storm elevation in this connection . SCHEDULING OF TWO PUBLIC HEARINGS - SHIPPOS AND JEHOVAH ' S WITNESSES CHURCH Mrs . Holcomb announced that the Planning Board must schedule two public hearings . 1 . Mr . Stephen J . Shippos of Five Mile Drive , property just over the City line , has requested that the back portion of his land presently zoned light industrial be rezoned residential since the front portion of his land is zoned R- 9 . MOTION by Mr , Daniel Raker , seconded by Mr . Robert Christianson . RESOLVED , that the Planning Board of the Town of Ithaca shall hold a Public Hearing on Tuesday , May 20 , 1975 , . at 7 : 45 p . m . to hear the request of Stephen J . Shippos to rezone lands at 611 Five Mile 10 Drive ( Parcel No , 6 - 31 - 2 - 2 ) .from Light Industrial to Residential . There being no further discussion , the Chair called for a vote , Planning Board - 2 - Play 6 , 1975 Aye - Holcomb , Harris , Scannell , Baker , Black , Christianson , Bronfen- brenner . . Nay - None . The MOTION was declared to be carried unanimously . 2 . Mrs . Holcomb stated that a Public Hearing must be set to review the site plan for a Church proposed by the Jehovah ' s Witnesses , pre - sently housed on Hudson Street . They wish to build a new Church in the Town of Ithaca just short of the Danby Town line on Danby Road and Compton Road , MOTION by Mr . Robert Christianson , seconded by Mr .- Maurice Harris : RESOLVED , that the Planning Board of the Town of Ithaca shall hold a Public Hearing to review the site plan for the Jehovah ' s Wit - nesses Church at Danby and Compton Roads ( Parcel No . 6 - 36 - 3 - 1 ) at 8 : 00 p . m . on Tuesday , May 20 , 1975 . There being no further discussion , the Chair called for a vote , Aye - Holcomb , Harris , Scannell , Baker , Black , Christianson , Bronfen - brenner . Nay - None , The MOTION was declared to be carried unanimously . RESIGNATION OF MR . ROBERT SCANNELL Mrs . Holcomb announced with deep regret that Mr . Robert Scannell , long time member of the Planning Board of the Town of Ithaca will be leaving Ithaca as of July 1st , 1975 . She asked if there might be any suggestions from the members here present for a person to fulfill Mr . Scannell ' s term of office . She noted that a replacement for Mr . Scannell would be a very difficult task . She suggested that a new member should live in the Northeast area of the Town or possibly in Renwick Heights , The members of the Planning Board each , in turn , expressed their deep regret that Mr . Scannell will be leaving the Planning Board where he has served so long and so well . Mr . Christianson stated , and the Board agreed , that it would be very difficult , indeed , to find anyone with Mr . Scannell ' s knowledge and expertise in the area of trees , flowers , shrubs and landscape architecture . It was the unani - mous opinion of the Board that he would be sorely missed . There were no names suggested at this time . PUBLIC HEARING : CONSIDERATION OF PRELIMINARY APPROVAL FOR A PROPOSAL BY MR . WALTER WIGGINS FOR CLUSTER HOUSING ON A PORTION OF HIS PROPERTY AT 1152 DANBY ROAD , TAX PARCEL NO , 6 - 36 - 1 - 4 . 2 . Mrs . Holcomb declared the Public Hearing in the above-noted matter • duly opened at 8 : 00 p . m , Mrs . Holcomb read the Notice of Public Hearing as attached to the Official Minutes of this Meeting , and pre - sented for the record the Clerk ' s Affidavit of Publication and Posting of said Public Hearing duly signed and notarized . Planning Board - 3 - May 6 , 1975 Mrs . Holcomb then entered a Memorandum prepared by Mr . Fabbroni which was a Report by him of his meeting with Mr , Donald A . Dixon , • State Senior Building Construction Engineer and with Mr ® Jeff Wetzler , Mr . Wiggins ' consulting architect , on Monday , April 28 , 1975 ° There followed a discussion of the Report . ( See attachment to the Official Minutes of this Meeting ) , Mr , Christianson asked Mr . Wiggins if he had been briefed on this Report , Mr , Wiggins replied that he had not , but that Mr . Wetzler had met with Mr . Fabbroni and with Mr . Dixon and that he (Wiggins ) had had some , discussion on it with Mr , Wetzler , Mr . Wiggins referred directly to the Report section by section as follows : 40 ( a ) Provide Fire and Smoke Detecting Devices in each apartment and two in vestibule- like area which will transmit an alarm signal through sounding devices , Mr . Wiggins agreed with this provision , 40 ( b ) Use of third level in westernmost apartment for storage only . Mr . Wiggins said that he will refer to this in a few minutes , 4 . ( c ) Removal of any restaurant use of :barn buildings • Mr . Wiggins pointed out that the only things there are a freezer and a refrigerator . He wondered what was wrong with that , Mr . Fabbroni said that this type of use is not allowed by the Code in a Type 5 building . It is a mixed use . Mr . Christianson said that he could not see this as a problem , Mr . Fabbroni said that he did not wish to make a big issue of it , but he would ask that the items be moved into the restaurant . Mr . Wiggins said that he could not put them in the restaurant , they are too big . Mr . Wiggins thought that he could put them in a but somewhere else , if they are a fire hazard . 4 , ( d ) No use of vestibule - type area on first floor or loft area on second floor public areas for storage of flammable liquids or highly flammable materials . Mr . Wiggins said that he will comply with this requirement . 4e ( e ) Sheet rock on two sides of air space and wood partitions should be added to separate all dwelling units from every other dwelling unit and exterior open spaces , Mrs Wiggins said that he will comply with this requirement , There was some discussion of the first floor open area ® s use as a garage . Mr . Wiggins stated that it will not be used as a garages 4e ( b ) After discussion and clarification , Mr . Wiggins agreed with . the requirements of this section , Referring back to item 4 ( e ) , Mr . Black suggested closing the barn doors somewhat and putting in a wall behind them so that there could be no use of the area as a garage . Planning Board 41111t4 - May 6 , 1975 4 . ( f ) Interior stairway should be enclosed and fire protected for second floor southside apartment . Mr . Wiggins agreed to this requirement . 4 . ( g ) A defined stairway-walkway should be provided to provide a continuous interior path to the third floor loft southside apartment . Mr . Wiggins agreed to this requirement . 4 . ( h ) An exterior stairway shall provide egress from the third floor loft southside apartment . At this point , there followed a discussion of having the barn contain only three apartments and not four . Mr . Wiggins was concerned about cost and appearance . Safety was discussed . Mr . Wiggins was suggesting constructing an essentially single two story apartment out of the two existing apartments . 2 . ( b ) The third floor landing in the westernmost apartment is not a habitable space . Mr . Wiggins agreed with this statement . Referring back to 4 ( h ) above >noted , Mr . Fabbroni asked if there would be any possibility of putting an additional stairway from the third floor apartment to the second floor apartment , Mr . Wiggins 0 stated that there would be . Mr . Fabbroni said that he would feel a lot better about another exit down to the second floor apartment . Mrs . Holcomb noted that the Planning Board is talking about modi - fying item 4 ( h ) so that the structure will be for three units . Mrs . Holcomb stated that Mr . Fabbroni will re-write 4 ( h ) regarding the stairwell .. 4 . ( i ) Plumbing fixtures should be modified to comply with all secm tions of the State Building Construction Code , with particular note to Sections B502 - 6 , B502 - 41 , and Table B505 - 5 , Mr . Fabbroni stated that as long as the City of Ithaca Inspec � tors are satisfied and approve the plumbing , he will be satisfied . Mr . Fabbroni will also re -write 4 ( i ) naming the City of Ithaca Plumbing Code , Mrs . Holcomb stated that the Board will now move on to the site plan for " Buttermilk Farms " , plan dated 2 May 1975 , and named " Lands of Walter J . Wiggins " . Mr . Wiggins also presented a USGS Map of the area . Mrs . Holcomb noted that there is a problem as to the water supply coming from the restaurant especially if the property or properties • are sold . Mr . Wiggins stated that he will provide an easement for water and. sewer to the barn property . Mr . Courtney Crawford spoke to the Planning Board members and Planning Board � 5 - May 6 , 1975 stated that he is a banker and also President of Historic Ithaca , He is present at this public hearing as an individual . He stated that • he was very impressed with the Report presented by Mr . Fabbroni . He said that he speaks as a conservative and that he agrees with what Mr . Wiggins has done with this barn . He said that he appreciated the Board ' s understanding of this barn as being some 90 years old and not having been built under a " Building Code " . He noted that the restaur � ant adjacent to the barn e L ° Auberge du Cochon Rouge " m is a good example of keeping the good from the past . He pointed out that aesthetics is a meaningful word in our community and stated that we do not want a community with no barns in it . He ended his comments in support of Mr . Wiggins ' proposal and stated that this is a good effort and one that he hoped will continue in this community ® Mrs . Holcomb now referred back to the water supply question and noted that the location of the water and sewer hookups must be clari � fled and also that some sort of letter of understanding or legal device whereby the barn will always have the right to enter upon and repair its own water and sewer supply system must be forthcoming , Mr . Wiggins stated that he will draw up another Deed probably transferring the barn to his wife . He asked if the Board wanted a new legal description of that parcel . Mrs . Holcomb said that they would and suggested that in that Deed there should be a water and sewer easement together with the notation that this parcel of land has been set aside to meet the cluster requirements . • Mrs . Holcomb noted that the present driveway is on the restaurant side . Mrs . Holcomb asked that the eastern property line be relocated so that the front yard is 30 ° and not 251 , Mrs . Holcomb stated that she assumed that the parking area for the restaurant is not in the area in front of the barn and not on this newly designated parcel . Mr . Wiggins answered that this assumption is correct . MOTION by Mr . Robert Christianson , seconded by Mr . Robert Scannell ! RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant preliminary approval of the proposal presented by Mr . Walter J . Wiggins for cluster housing on a portion of his property at 1152 Danby Road , Tax Parcel No . 6 - 36 - 1 = 4 . 2 , with the following conditions of subsequent final approval . 1 . Changes to be made in the building itself detailed in attached document ( 4 , a - l ) . 2 . . The presentation by Mr . Wiggins to the Planning Board of a plan indicating the location of the water and sewer lines . 3 . Deed and proper utility easement for cluster housing . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Harris , Scannell , Baker , Black , Christianson , Bronfenm • brenner . Nay - None . The MOTION was declared to be carried unanimously . Planning Board _ 6 ® May 6 , 1975 For the record Mrs . Holcomb said that because this proposal is . being approved as cluster single- family housing the requirements of the Zoning Ordinance in re occupancy restrictions for single family will apply to this structure . It will not be considered as a multiple residence structure , Mr . Wiggins stated that he will return to the Planning Board on May 20th for consideration of final approval . PARK PLAN The Planning Board reviewed the Parks Map as drawn by Ms . Sandy McCullough in 1973 which plotted existing parks , school playgrounds , proposed parks , etc . Mrs . Holcomb asked for the opinions of the Board members as to what they would want the Town of Ithaca Park Policy to be vis- a-vis areas where we have school playgrounds . She wondered if the Planning Board would want such school playground to be the park area for that particular neighborhood or does it want other areas also . Mr . Scannell felt that it was important to discuss the matter with the Ithaca City School District officials to see how they would react to such a proposal . Mrs . Holcomb will look into the matter at the School Board office of Central Administration . Mr . Scannell felt that if the School Board would cooperate with the Town in allowing a polich of a school playground to be considered a part of a town-wide policy on parks , a school playground should be considered as the park area for any particular area . Mrs . Holcomb commented that this approach could also apply to the various tennis courts around the Town such as the High School , Cass Park , Ithaca College , Cornell . ADJOURNMENT Upon Motion , the Meeting was adjourned at 10 ° 05 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , } AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA , Ni Y , I , Edward L . Bergen , being duly sworn , say that I an 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 : ( Ithaca Journal ) Notice of Public Hearing by Planning Board of Town of Ithaca to be held r at Town Offices on May 6 , 1975 at 7 : 45 p . m . ( 126 . E . Seneca Street ) to consider preliminary approval for a proposal by Mr . Walter Wiggins for cluster housing on a portion of his property at 1152 Danby Road , Tax Parcel No . 36 - 1 - 4 . 2 , and to hear all persons for or against such proposal Location of sign board used for posting , Entrance to Town , Offices _ 126 E . Seneca Street , Ithaca , N . Y . Date of Positing , May 11 21 41 1975 Date of Publication ; May 2 , 4r 1975 4E rd L . Bergen own Clerk Town of Ithaca State of New York County of Tompkins SSa Town of Ithaca Sworn to before me this 6th day of May , 19 75 NOTARY LESLEY A. VA 'M Notary Pub'. e, State of New York i Qualified in Tonn ' . : 1 - onnt Terr_n Expires �.' arc;i 30, 19 �� • TOWN OFITHACA PLANNINGBOARD NOTICE OFTPU BLIC HEARING - May - - 6, 1975 NOTICE IS HEREBY GIVEN that the Planning Board of the Town of _ Ithaca will hold a public hearing at the Town Offices at 126 East Seneca Street, Ithaca, New vork, on Tuesday, May 6, 1975 at 7145 P.M. for the purpose of con- . sidering preliminary approval for a proposal by Mr. Walter Wiggins . for • cluster housing on a po df his Pro- perty at 1152 Danby Road, , T Tax Parcel ' No. 36-1-4.2, and to hear all persons for , 1 orogainst such proposal . By Order of the Chairwoman of the Planning Board of the Town of Ithaca ' Edward L. Bergen TownClerk M6V2,'4, 1975 . • M E M O R A N D U M TO : Town of Ithaca Planning Board FROM : Larry Fabbroni RE : Compliance of Wiggins ' Barn Apartments with State Building Construction Code DATE : May 6 , 1975 The following findings of facts were established by an inspection of the barn apartments in question by Mr . Donald A . Dixon , State Senior Building Construction Engineer , Mr . Lawrence P . Fabbroni , Town of Ithaca Building Inspector , and Mr . Jeff Wetzler , Mr . Wiggins ' consulting architect on Monday , April 28 , 1975 : 1 . The proposed use is allowable by Section B203 - 2a of the State Building Construction Code applicable to Multiple Dwellings provided the building- complies in all. : other .=respects with - the requirements of . this Code . , 2 . The existing building does not meet the - requirements -'-- of --the State Building Construction-Code as interpreted by Mr_,-- Dixon. - as - follows : . ( a ) Winding stairway between first and second floor of westernmost apartment does not meet requirements of Section 210 - 1d . Stairway ( ladder -) between second and -third -- floor of- westernmost- - -apartment --does not meet --Gener-a1 _-.Stairway __ - Requirement -_of- Section . B211 - 3 with regard - to - stairway - width , tread - width , handrails , - angle -of - inclination . ( b ) The third floor -landing -in the westernmost apartment-= is not a habitable - space . ( c ) The freezer storage for restaurant use in the vestibule - like area constitutes a mixed use of the barn not permitted by Section B402 - 4 . lf . ( d ) In general the Minimum Fire Resistance Requirements of Structural Elements for Bearing walls , Non -bearing walls , Partitions enclosing stairways , hoistways , shafts , other vertical openings and corridors , Construction separating tenant space , Columns , beams , girders and trusses supporting more than 1 floor or `1 floor and a roof , etc . , as detailed in Table B202 - 2 is 3 / 4 fire resistance . i ) The building definitely does not comply with proper double walled sheet rock providing 3 / 4 fire separation as follows : • X . between the second and third floor of the western - most apartment and the loft public space there is no sheet rock on east side of partition wall 'MEMORANDUM Planning Board - 2 - May 6 , 1975 • xx . between the third floor loft apartment and the loft public space there is no sheet rock on north side of partition wall xxx , the sheet rock protection of fire separation between the three apartments stacked on the south side of the building is hard to determine at this point iv , the sheet rock separating the public open space and the westernmost apartment , first floor south side apartment , and second floor south side apartment is not on open space side of separating partition . ( e ) Exits are deficient as follows : i ) the westernmost -- apartment -may-- have - the one exit - but _ Section B211 - 7 requires an -• emergency window - exit with minimum dimension _ of - _ 18 inches- and is - not -met - = ii ) the window situation is similar for the first - floor - southside apartment • iii ) the stairway to the second floor southside apartment is not enclosed nor are the windows less than 14 feet abovegrade , both of - which - are required _ for one exit under - Section B211 - 8 ( 2 ) - iv ) 211 - 8 ( 2 ) -iv ) the third fioor_-loft -_ southside . apartment---is __ not served - by the two exits - required _by: B211-- 7a_-nor -is � the existing stairway exit enclosed . ( f ) There seemed to be deficiencies in : i ) the plumbing vents with regard to horizontal elevation and size with great chance of condensation and frost of vent ii ) vertical clearance of gasvent with roof . To fully strictly comply the following corrections and additions would have to be done : 3 . ( a ) Legal conventional or winding stairway installed to replace the existing winding stairway in the westernmost apartment connecting the first and second floor . ( b ) Use of third level in westernmost apartment for storage only , • ( c ) Removal of any restaurant use of barn building . ( d ) No use of vestibule - type area on first floor or loft area on second floor public areas for storage , automotive or other common uses unless such areas are fully protected MEMORANDUM Planning Board - 3 - May 6 , 1975 from every other interior area by 2 hour fire resistive materials . ( e ) Sheet rock on two sides of air space and wood partitions should be added to separate all dwelling units from every other dwelling unit , interior public space , and exterior open spaces . ( f ) Fire protection as further required of structural members in Table B202 . 2 . ( g ) Windows should be enlarged to minimum 18 inch dimension in the westernmost apartment and the first floor southside apartments . ( h ) Interior stairway should be enclosed and fire protected for second floor southside apartment . ( i ) An enclosed stairway . -and hallway : . should- -be = f ireprotected and continuous - -. on -- the interior _of- - the build-ing -- - to=; the third floor - loft southside - .apar-tment.. ( j ) An exterior stairway shall provide egress from the third floor loft southside apartment and the second floor southside apartment . ( k ) Plumbing fixtures - should - - be -- modified to - comply with--- all sections of - the -State _Building Construction --- Code =with -- . particular note to - Sections -_8502 - 6 , B502 = 41 -, --- and Table B505 - 5 . Even- -if all the changes 3 ( a ) through 3 ( k ) were made- --there-­is-no-way to determine conclusively that all dwelling units are fire sealed particularly where old barn . beams ceiling and rafter connections occur . Mr . Dixon suggested a compromise of something for something might provide more fire protection for the given situation at less cost . My suggestion is as follows : 4 . ( a ) Provide Fire and Smoke .Detecting Devices in each apartment and two in vestibule - like area which will transmit an alarm signal to sounding devices . ( b ) Use of third level in westernmost apartment for storage only . ( c ) Removal of any restaurant use of barn building . ( d ) No use of vestibule - type area on first floor or loft area • on second floor public areas for storage of flammable liquids or highly flammable materials . ( e ) Sheet rock on two sides of air space and wood partitions should be added to separate all dwelling units from every MEMORANDUM Planning Board - 4 - May 6 , 1975 other dwelling unit and exterior open spaces . ( f ) Interior stairway should be enclosed and fire protected for second floor southside apartment . ( g ) A defined stairway - walkway should be provided to provide a continuous interior path to the third floor loft southside apartment . ( h ) An exterior stairway shall provide egress from the third floor loft southside apartment . ( i ) Plumbing fixtures should be modified to comply with all sections of the State Building Construction Code , with particular note to Sections B502 - 6 , B502 - 41 , and Table B505 - 5 . • Lawrence P. . - Fabbroni , R . E . Town of - Ithaca --- - - Building Inspector — - LPF/nf •