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HomeMy WebLinkAboutPB Minutes 1976-05-04 TOWN OF T_ THACA PLA14NING BOARD MAY 4 , 1976 The Planning Board of the Town of Ithaca met in regular session on Tuesday , May 4 , 1976 , in the Town Hall , 126 East Seneca Street , ( second floor ) , Ithaca , N . Y . , at 7030 p . m . PRESENT : Chairwoman Barbara Holcomb , Robert Christianson , Liese Bronfenbrenner , Richard Black , Daniel Baker , Sam Slack , Lawrence Fabbroni ( Planning Engineer/Building Inspector ) , Robert Bonnell (Assistant to the Engineer ) . ABSENT and EXCUSED : Maurice Harris , ALSO PRESENT : Mr . Stewart Knowlton , Mr . Stephen Brouwer , Mr . Scott Heyman , Mr . Willis Hilker , Mr . Evan Monkemeyer , Mr . Maurice Dusky , Mr . Walter Schlaepfer , Mr . Leo Oakes , Mrs . Eva Hoffmann , Miss Elyse Gellerman (WTKO ) , Chairwoman Holcomb opened the Meeting at 7 : 37 p . m . REPORT OF THE BUILDING INSPECTOR Mr . Fabbroni reported that in the month of April he issued 16 building permits , 9 for new homes and 7 for accessory type structures , swimming pools , etc . , for a total of $ 311 , 500 . 00 . This was compared to last year when 6 permits were issued for a total of $ 117 , 250 . 00 . • PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL FOR SNYDER HILL ROAD SUBDIVISION - WILLIS S . HILKER . Airs , Holcomb declared the Public Hearing in the above -noted matter duly opened at 7 : 50 p . m . and presented the Town Clerk ' s Affida ® vit of Posting and Publication . Mr . Hilker presented Engineer ' s Survey Map titled Subdivision Plat Plan , scaled and closed , of lands of Hilker Construction Co , on Snyder Hill Road , dated May 3 , 1976 , and signed by Howard R . Schlieder , RLS . Mr . Hilker stated that tax map numbers have been assigned and the square footages of each lot has been calculated . Mr . Hilker noted that Tompkins County Health Department approval has not as yet been received an the first phase - 21 lots . The total plan calls for 43 lots to be developed . Mrs . Holcomb noted that there was some discussion at the prelimi- nary hearing about drainage , specifically sub- surface drains along the Dryden Town line . Mr . Hilker stated that the sub® surface drain will be put in in phases before the lots are sold . Mr . Fabbroni stated that if this subdivision plan is to receive final approval there should be a stipulation that the drainage area is going to be cut off at the drainage ditch in front of homes bordering the Town of Dryden Line , Mr . Hilker commented that there may be a pro- blem because of grade . He said that he may have to cut the drainage area off across the road . He stated that he will have to discuss the matter further with Mr . Fabbroni , but there will be a balanced flow achieved . He said to the Board that it was his opinion that they will find that a lot of water presently draining down from Dryden will be cut off . w Town of Ithaca Planning Board ® 2v May 4 , 1976 Mr . Hilker commsnted further that when he constructs the rear ditch along the Town line it will stop the water from flowing through the ground . Mr . Fabbroni stated in the final grading , they will just follow what are self - evident practices to have the water flow away from the houses . Basically , this will mean having the drainage run along the lot lines or the street . Mr . Slack asked what the Town is envisioning as the future for Snyder Hill Road . He stated that the Town better start thinking about doing something on that road in terms of condition , traffic , improve ment , and what- have -you . He noted that there is development in the Town of Dryden also . He said that something has to be done about what goes on that hill . Mr . Christianson stated that it was his opinion that this whole question has to relate to a county-wide plan . Mr . Slack commented that_ we have all the Towns acting independently in the meantime and so some - body has to start the ball rolling . Mr . Fabbroni spoke in terms of long- range planning . There are some severe safety hazards in the Town of Ithaca . This project could be included in a five®year timetable . Mr . Black commented that you get the people up there and then you finally solve the problems . Mr . Fabbroni noted that this is what has happened to Forest Home , Mrs . Eva Hoffmann asked for clarification of the subdivision plan being discussed at this Public Hearing . Mrs . Holcomb stated that this • hearing is a consideration of final subdivision approval for Mr . Hilker ° s subdivision on land located in the Eastern Heights Subdivision to be developed at 43 single or two family residences . The present proposal is for Phase 1 consisting of 21 lots . Mr . Hilker noted that about 30 lots have been deleted from the original subdivision plan for Eastern Heights . Mr . Fabbroni stated that from a traffic point of view , the hazards that are attendant to Snyder Hill Road that we are all familiar with are geometric problems , deep ditches , crown of road , etc . , and to a certain degree affect the traffic load that the road can take . He commented , however , that when you talk about 21 lots , you talk about minimally increasing the traffic load around 120 cars a day and in the long run ( 43 lots ) about 240 a day . Mr . Slack pointed out that nothing has been done by the Town to help out on this road yet and it has been at least five years . Mrs . Holcomb asked if there might be a motion from Mr . Slack in this regard . MOTION by Mr . Sam Slack , RESOLVED , that the Planning Board of the Town of Ithaca propose and hereby does propose that the Town Board of the Town of Ithaca seriously considerimprovements what im rovements said Town of Ithaca is going to make in Snyder Hill Road before granting approval to future and further development in the Town of Ithaca in the Snyder Hill Road :'ievelopment area . Town of Ithaca Planning Board - 3 ® May 4 , 1976 Mrs . Holcomb asked if Mr . Slack meant by this Motion that there • should be no approval of this subdivision presently being heard or no further approvals after this particular development ® Mr . Slack stated that he did not want to hold up a development prior to anything being done by the Town , but that he would like to see the Toxin do something about the Road simultaneously with this development . Mr . Black commented that actually what Mr . Slack wanted to see was Snyder Hill Road on the Town Board AGenda , Mr . Slack stated that he has seen many people in the ditch up there . He said that he does not think that this is a way for a Planning Board to overate . He said the Town must help people get up and down this road . Mrs . Holcomb stated that she would like Mr . Slack to tell her very specifically , prior to any resolution from this Board on Mr . Hilker ' s Subdivision , what dir - ection he is propounding , or , does he wish the Planning Board to make a strong resolution to the Town Board to improve Snyder Hill Road , Mr . Christianson stated that he thought that they are two separate issues . Mrs . Holcomb said that thev are related though , Mr . Christian- son said that he agreed with Mr . Slack that something has got to be done soon with the conditions on Snyder Hill Road . He stated that a strong resolution that he would be most happy to endorse would be that prime consideration be given to the possibility of overburdening of this area . Let us consider the Road as a prime Town function and then consider the subdivision as a natural extension of the development of the area in order that ( 1 ) there is no inhibiting of a sound proposal • for development and ( 2 ) that there is no letting that proposal for development further compound the problem , He said that it is thus a prime consideration to consider the Road and its improvement . Mr . Slack stated that he must see some concurrent consideration by the Town as to development and roads ; he does not think we can justify any other sort of planning . Mrs . Bronfenbrenner commented that perhaps Mr . Slack would make his proposal even without the subdivision proposal before the Board . Mr . Slack said that he certainly would . Mrs . Eva Hoffmann stated that she lives on Sugar Bush Lane and noted that there will be many more problems with increased traffic . Mrs . Holcomb stated that she would like to amend Mr . Slack ' s Motion to add a timetable for the improvement of Snyder Hill Road to guide the Planning Board in future consideration of approvals for residential areas in this neighborhood . The amended Motion was seconded by Mrs . Liese Bronfenbrenner . Mr . rabbroni noted that this question has come up at the Town Board and at this point it is pretty much up to him ( Mr . Fabbroni ) to come up with an over = abl picture for Town road improvements . From his own time constraints , it will be about August before there will even be a. list . He again commented that for the problem at hand it is not so Stich the number of cars as it is the physical layout or geometries . There being no further discussion , the MOTION was put to a vote . ; , ._, o - Holcomb , Christianson , Bronfenbrenner , Black , Slack , Baker . Town of Ithaca Planning Board ® 4 - May 4 , 1976 Nay - None . • The Chair declared the MOTION carried unanimously . MOTION by Mrs . Barbara Holcomb , seconded by Mr . Robert Christiansoi RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant condgtional final subdivision approval to the Snyder Hill. Road Subdivision , known as " Haven Hills " , to be developed by Willis S . Hilker . Such conditional final subdivision approval is for 21 lots to be developed as Phase 1 of a total of 43 lots . The condim tions of this approval area 1 . That the water and sewer system for said 21 lots shall be approved by the Tompkins County Health Department , 2 . That there be a transfer of land on the south side of Snyder Hill Road to the Town of Ithaca from which no less than 7 acres will be designated as parkland in Eastern Heights , 3 . That those items discussed by this Board with regard to drainage ditch and buried tile and the details of bringing storm water across Snyder Hill Road will be worked out between Mr . Hilker and the Town Engineer , Mr . Fabbroni , to the satisfaction of the Town Engineer . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay - None . The Chair declared the MOTION carried unanimously . Mrs . Holcomb stated that until the conditions are met there will be no signature stamp of Planning Board approval on the plan . Chairwoman Holcomb declared the Public Hearing on the Willis Hilker subdivision on Snyder Hill Road duly closed at 8 : 20 p . m . PUBLIC HEARING : CONSIDERATION OF FINAL APPROVAL FOR PHASE # 2 LONGHOUSE COOPERATIVE , INC . , ELM STREET EXTENSIO14o Chairwoman Holcomb declared the Public Hearing in the above-noted matter duly opened at 8 : 21 p . m . Mrs . Holcomb presented for the record the Town Clerk ' s Affidavit of Posting and Publication of said Public Hearing , Mr . Stephen Brouwer presented a revised site plan for Longhouse Cooperative , Inc . dated April 27 , 1976 , and drawn by T . G . Miller . He noted that there is a slight plan change in that Mr . Joseph Visalli of the Tompkins County Health Dept , has required a community water supply rather than separate wells for each building as previously indicated . Mr . Brouwer stated that from their first well they will be pumping to a storage tank , and that when all the buildings ( 4 in all ) are up the Health Department would then want Longhouse to drill a second well as a back- up . Mr . Brouwer noted that one building known as Stage 4 has been moved from the northeast corner down about 80 ' from the east lot line and well back from the Elm Street Extension , Mr . Brouwer said that site 3 as shown on the plan is the second building being built and . s the one being requested for final approval at this public hearing . Town of Ithaca Planning Board m5- May 4 , 1976 Mrs . Holcomb stated that the Board is looking at a change in the preliminary plan which entails the moving of the location on the site of one building ( Site 4 ) as shown on the site plan under revision date of April 27 , 1976 , drawn by T . G . Miller . Mrs . Holcomb asked if anyone had any objections to a re - approval of this plan in light of the moving of one building . Mr . Black noted that they have not changed the density of the development in any way . Mr . Christianson stated that he thought it was okay - they still have the same number of units , i . e . , 12 dwelling units in all being 3 dwelling units in 4 structures . MOTION by Mrs . Barbara Holcomb , seconded by Mr . Robert Christianso : RESOLVED , that the Planning Board of the Town of Ithaca approve and hereby does approve the change in the site plan for Longhouse Cooperative , Inc . , which was approved by this Board on December 3 , 1974 . Said change hereby approved involves the relocation of Bldg . # 4 on said site plan . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay a None . The MOTION was declared to be carried unanimously . Mrs . Holcomb stated that the Board is now looking at Site 3 which is to be known as Stage 2 . Mr . Brouwer presented a letter of approval from Mr . Joseph Visalli of the Tompkins County Health Dept , Mr . Black wondered if Longhouse will get into any trouble with the new law in connection with community water supplies which may be pending in the legislature . Mr . Brouwer stated that the Health Dept , sends someone around to make checks every six months or so and tests out their system . Mrs . Holcomb asked if the driveway and parking area will be built as shown next to Site 3 m now Phase 2 . Mr . Brouwer said that it will be . MOTION by Mr . Robert Christianson , seconded by Mr . Richard Blacks RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant final approval to Phase 2 of Longhouse Coopera® tive , Inc . development as shown on site plan dated April 27 , 1976 , prepared by T . G . Miller and shown as Site # 3 . There being no further discussion , the Chair called for a vote . • Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay - None . The Chair declared the MOTION to be carried unanimously . Chairwoman Holcomb declared the Public Hearing in the Longhouse Town , of Ithaca Planning Board - 6 - May 4 , 1976 Cooperative , Inc . matter duly closed at 8032 p . m . PUBLIC HEARING : CONSIDERATION OF MULTIPLE FAMILY PROPOSAL AS PART OF FUTURE MONKEMEYER COMMERCIAL DISTRICT - EAST KING ROAD AND DANBY ROAD , Chairwoman Holcomb declared the Public Hearing in the above-noted matter duly opened at 8s32 p . m . , and presented for the record the Town Clerk ' s Affidavit of Posting and Publication of said Hearing . Mr . Evan Monkemeyer was present and stated that he was not actual - ly sure about just what he is asking for . He stated that he would like to present some sort of approach to handling a large piece of property zoned commercial that he owns on the corner of East King Road and Danby Road , The total parcel is about 5001 x / 00 ' . The particular segment of this total parcel is located near the north end of this commercial district and is within same , Mr . Monkemeyer stated that there are three existing structures on this particular segment which are about 80 to 100 years old , The total parcel now zoned commercial was once an entire farm . Mr . Monkemeyer stated that he is maintaining the dwellings ( 2 ) which are located on the particular segment under discussion and the barn in their original state , He stated that he is proposing making the barn a residential structure and making it a resi � dence for seven dwelling units , Mr . Monkemeyer stated that he wants to preserve the barn- like approach to the dwelling units , He commented that he is working with a limited budget without sacrificing safety . Mr . Monkemeyer noted that there are a total of three structures in all . on this particular segment of the total parcel , i . e . , two single - family dwellings and the barn which has two apartments in it . Mr . Monkemeyer stated that he would suggest keeping the commercial pro- perty where it is and having this multiple -density a -parcel within it , Mrs . Holcomb commented that in her opinion , what Mr . Monkemeyer is suggesting is a typical example of spot zoning - just to take one piece out of a commercial zone and call it multiple is difficult . Mr . Monkemeyer commented that in his opinion it is zoning from a higher density use to a lower density use ® He pointed out that this whole corner will be developed as a commercial site , and that he has tenta- tive plans already in motion . These plans include community shopping facilities . He asked Mrs . Holcomb if a cluster approach would be possible . Mrs . Holcomb stated that it would not because of the pro - posed seven units in the barn . Mr . Monkemeyer stated that it would appear that the only answer would be to tear down the barn . He commen= ted that he has lived all of his life on South Hill and where there used to be many barns dotting the countryside , there are now only three left to link the community with the past . It would appear to him that this would be a suitable use for a fine old building and still keep it viable for the owner . Mr . Christianson stated that this kind of problem really disturbs him , He commented that the zoning ordinance does not have a provision for a creative and practical use for a structure like this . He said that it was his opinion that this proposal was similar to the residen- tial barn located next to the L ' Auberge Restaurant which was beauti - _Cully done . He stated that he feels that there has to be some way that the Planning Board does not discourage a very reasonable and proper use of a building like this instead of tearing it down . Mr . Monkemeyer said that he felt that this is an excellent solus Town of Ithaca Planning Board ® 7e May 4 , 1976 tion . All water and sewer facilities are available to these buildings , Mrs . Holcomb asked how this barn compares with Mr . Wiggins ' barn next to L ° Auberge ? Mr . Fabbroni said that it is about the same size . Mrs . Holcomb asked if this proposal could be accomplished and still meet Code ? She wondered if there were some way to evolve an over- all plan , setting aside the question of the seven units for the moment , for the whole commercial zone , Mr . Fabbroni stated that he did not agree with the assessment of spot zoning . If Mr . Monkemeyer could come back with an approach to the commercial area along with this particular segment , then we are not into just cutting this out and making it multiple should his intention be to create seven apartments in the barn . Mrs . Holcomb corunented that we can assume for the moment that the Building Inspector has done enough research and say that it is possible to meet Code and put in seven apart - ments , etc . - - then , we have to determine whether this can be done , If there were an over -all plan for the whole commercial corner parcel of which this is a part , it is easier to conceive of possible ways to accomplish the end Mr . Monkemeyer has in view , rather than taking a piece of the total parcel , Mr . Fabbroni noted that Mr . Monkemeyer envisions a service road to serve the commercial area looping around the buildings in question . Mrs . Holcomb stated again that because all of this area is present - ly within a commercial zone , the Board needs to know what Mr . Monkemeyer has in his mind for an over ® all development . She wondered if the route to go would be a Planned Unit Development concept . In the absence of the pieces of the puzzle it is very hard to make a value judgment . Mr . Christianson stated that he thinks that somehow or other the Board has got to come up with an idea as to how to cope with an idea like this which is , to him , highly desirable and yet thwarted by the rules and regulations that have been set forth . It is one of those areas that no provision has been made for . Mr . Slack stated that he was of the opinion that we do have pro - vision for such a proposal ® - it is a matter of doing it as a whole . Mr . Christianson commented that if the Board receives a whole plan and approves the apartment portion as Phase 1 , then it is a question of what to do with the rest of it , He said that it is a creative and desirable kind of use and this Board really does not have any provision for going ahead without changing the zoning . Mr . Willis Hilker wondered if Mr . Monkemeyer is asking for a use change because these dwellings were there before zoning in the Town . It was his opinion that the request is really just an extension of a non-conforming use , Mrs . Holcomb stated that it is illegal to extend a non- conforming use . Mr . Monkemeyer commented that there is a Court case pending in the • State of Pennsylvania which is studying the matter of extension of non- . . .�nforming uses . Mr . Fabbroni said that if the Board wants to consider the preserves® tion aspects and consider his plan for the development of the barn , the Board has to ask for an over - all site plan for the area and see where Town of Ithaca Planning Board - 8 - May 4 , 1975 this particular segment fits into it , On the other hand , then it becomes part of a future plan , This so -called second stage is not that well defined mainly because it cannot be defined because of the mar - ket . Mr . Monkemeyer has a general idea , but he does not know what businesses are going to develop up there , Mr . Fabbroni wondered if this general kind of vague staging is sufficient ? Mr . Slack commented that Mr . Monkemeyer could come up with a high density commercial operam tion up there . Mrs . Holcomb stated that the only way one can mix resim dential with commercial is with a Planned Unit Development , Mr . Fabbroni stated that such an approach is less complicated in this case because the land is zoned commercial alreadv . Mrs . Holcomb repeated that nothing can be done without an over - all plan . Mrs . Bronfenbrenner brought up the matter of the Forest Home Building which itself went through a rezoning process of a combination of residential and commercial . Mr . Fabbroni stated that this was a very good point . He noted that the building was a mixed use of commar - cial and residential and has evolved into multiple and commercial . He commented that it was a step down from commercial to residential . The commercial was the non-conforming use in that case . Mr . Slack wondered if this point did not put the Planning Board in a quandry . Mrs . Eva Hoffmann , from the floor , asked if an area is commercial can the Planning Board or whoever limit the kind of commercial uses that go into such an area ? MOTION by Mr . Sam Slacko RESOLVED , that the Planning Board of the Town of Ithaca request and hereby does request that Mr . Evan Monkemeyer bring before this Board a proposed plan for the use of the entire commercial area which he owns located at the corner of East King Road and Danby Road which plan shall show the plan for that particular part of the entire parcel as a residential or multiple use , Mr . Christianson said that he really did not see any other way out , but before he seconds the Motion , he asked Mr . Monkemeyer if he had any other interpretation of what this Board can do . Mr . Monkemeyer stated that what the Board has before them is an opportunity to create a small oasis of residential in a commercial area . He likened the lifestyle that would be created to the downtown Ithaca Commons where people live over the stores . He commented that the barn would be a low budget type unique structure . He said that he did not want to have to go through lots of dollars in terms of expenses for site plans , land use plans , etc . , that really do not mean anything in the long run . He termed it just an exercise in paperwork indicating land use , roads , etc . ; a land use plan that may be 5 or 10 or more years off , Mrs . Holcomb stated that this may not be an appropriate component but it is necessary . Mr . Monkemeyer wondered what is not appropriate ? He said that he could foresee spending incredible sums of money for layouts of a plan that may never develop . If you have a commercial zone it will develop . He asked why is it unreasonable to have this Town of Ithaca Planning Board - 9 - May 4 , 1976 oasis ? Mr . Christianson stated that he did not think that anyone on the Board disagrees with this concept . He said tht he would love to see it happen , but the Board is restricted by the ordinance as to what can be done there . He added that there is a need for some kind of addition or amendment to cope with a situation like this . Mr . Monkemeyer wondered why the Board did not discuss amendment of the ordinance right now . Mr . Baker stated that it was his opinion that the Board must have some sort of overall plan . Mr . Fabbroni said that in terms of specifics on an overall land use plan what sort of specifics does the Board want ? For example , buffer zones ? One could just deal with general intensity . Mrs . Holcomb said that perhaps the land could be rezoned , The segment containing the three dwelling structures could be separated out and then we get into multiple - - single family and multiple . Again , you cannot mix commercial and residential . Mr . Slack felt this segment could be a phase of the over - all development . Mrs . Holcomb said she could see two options - ( 1 ) an over -all plan for the commercial area showing how this segment fits in , and ( 2 ) a rezoning of this residential segment out of the large commercial parcel . Mr . Baker said that he would like to see this particular segment set aside and rezoned . Mr . Fabbroni noted that the area adjacent to the large commercial property owned by Mr . Monkemeyer is zoned residential and the owner wants to • develop it as residential . Mr . Christianson stated that he felt the easiest thing for the Planning Board to do is recommend an approval of rezoning the segment to multiple , Mr . Fabbroni noted that the 28 acres that Mr . Hermann owns located to the north with an intervening residen= tial zone is zoned multiple . Mr . Christianson commented that the approach he mentioned above would not be spot zoning , it would be an extension of an existing multiple district . Mrs . Holcomb asked if the multiple that Mr . Monkemeyer owns across the road ( Springwood ) , plus the 28 acres owned by Mr . Hermann , plus this multiple segment being proposed here , does this add up to too much multiple for this neighborhood according to the percentage density scaling plan proposed in the new zoning ordinance presently being com� piled . Mr . Christianson said that he did not think that seven units is a lot of multiple housing . Mrs . Holcomb commented that when you add all of the above together , you have at least 35 acres of multiple at 12 nits per acre . Mr . Slack stated that he withdrew his MOTION . Mrs . Holcomb asked Mr . Fabbroni if he could do a schematic from • the Ithaca College boundary out to Danby Road ? Mrs . Hoffmann asked if there were any other houses along that road ( Danby Road ) between Ithaca College and East King Road . Mr . Fabbroni stated that there are a few single family homes . Mr . Fabbroni also noted that you would really have to consider access control along this major corridor . • Town of Ithaca Planning Board - 10- May 4 , 1976 Mrs . Holcomb stated that the Planning Board would recommend that it defer consideration of this proposal until Mr . Fabbroni comes back with an overall picture of what this land would look like with mul - tiple residence . The members of the Planning Board did not indicate any opposition to this approach . Mrs . Holcomb repeated that if Mr . Monkemeyer indi - cates to Mr . Fabbroni that he wishes to go with multiple , Mr . Fabbroni will come up with a schematic as to what that means . There being no further discussion of this matter , the Chair declared the Public Hearing duly closed at 9 : 26 p . m . PUBLIC HEARING : CONSIDERATION OF PROPOSED STORAGE BUILDING FOR WON- DERLAND MOTEL , INC . - ELMIRA ROAD . Chairwoman Holcomb declared the Public Hearing in the above -noted matter duly opened at 99. 27 p . m . and presented for the record the Totfvn Clerk ' s Affidavit of Posting and Publication . MOTION by Mr . Robert Christianson , seconded by Mr . Daniel Baker9. RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that approval be granted to Wonderland Motels , Inc . for the construction of a pole - type storage barn which meets the requirements of the Town of Ithaca Zoning Ordi - nance as to side yard dimensions , size of building , etc . , said accesm sory barn to be located on the Wonderland Motels , Inc . property on Elmira Road , Town of Ithaca , Tax Parcel No . 6 . 33 - 3 - 6 . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay - None . The MOTION was declared to be carried unanimously . The Chair declared the Public Hearing in the above -noted matter duly closed at 9 : 34 p . m . PUBLIC HEARING : CONSIDERATION OF PROPOSED FOTO EXPRESS BUILDING , EAST HILL PLAZA - JUDD FALLS ROAD . Chairwoman Holcomb declared the Public Hearing in the above-noted matter duly opened at 99. 35 p . m . , and presented for the record the Town Clerk ' s Affidavit of Posting and Publication . Mr . Stewart Knowlton was present as manager of the East Hill Plaza . He presented the Site Plan , rev . date 3 / 2 / 71 , for East Hill Plaza ( Kennilworth Assoc . ) , prepared by Richard Michael Newman , Architect , 505 Park Avenue , New York , N . Y . 10022 , Mr . Knowlton also presented a drawing for the proposed Foto Express , Inc . building , drawn by John M . Sleggs and dated 4 / 19/ 76 . This drawing showed the proposed building as 12 ' x 81 . The site plan shows the proposed building located 45 ' back from Judd Falls Road and 42 ' from the boundary between the Busi - ness " C " and Business " D " zone on the Plaza . Mr . Black asked if the Rite -Aid objected to there being a Foto Express service in the Plaza . Mr . Knowlton said that he can honestly Town of Ithaca Planning Board - llm May 4 , 1976 say that they will not mind . Mr . Knowlton commented that the proposed building is a little box- like structure which can be easily removed if the business does not go . Mr . Slack stated that it was his opinion that the structure should be closer to the area of the FBC and not right on the corner . Mrs . Eva Hoffmann stated that she thought that this type of build= ing is ugly and that the Planning Board should look to this aspect . Mr . Slack commented that there is an unused spot on the parking lot farther down into the parking lot . There followed a discussion of moving the building somewhere else on the parking lot area . Somewhere about 5001 from Judd Falls Road and 500 ° from Ellis Hollow Road o straight down from " What ' s Your Beef ? " MOTION by Mr . Richard Black , seconded by Mr . Robert Christianson , RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that Foto Express , Inc . be allowed to locate their proposed building in the parking lot of the East Hill Plaza in the area from the parking line in front of ' What ' s Your Beef ? " to the east in a location of their choosing . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . • Nay - None . The MOTION was declared to be carried unanimously . Chairwoman Holcomb declared the Public Hearing in the above- noted matter duly closed at 9050 p . m . SIGN APPLICATIONS 1 . Massachusetts Mutual Life Ins . Co . , Inc . Mrs . Holcomb presented the Application for Sign Permit from Massa- chusetts Mutual Life Insurance Company , Inc . and noted that the sign is presently existing and is in place without a permit . Mrs . Holcomb noted that the Insurance Company is located at 130 Forest Home Drive and is a legal non-conforming commercial use . Mr . Fabbroni determined that the sign in question conforms to the requirements of the Town of Ithaca Sign Law . The sign is 41 x 6 ' on the face of a building that is 36 ' long . MOTION by Mr . Richard Black , seconded by Mr . Robert Christianson , RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the Massachu- • setts Mutual Insurance Company , Inc . sign that is presently in place at their office located in the Forest Home Building at 130 Forest Home Drive , Ithaca , N . Y . There being no further discussion , the Chair called for a vote . Town of Ithaca Planning Board m12 - May 4 , 1976 Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack , Nay - None , The MOTION was declared to be carried unanimously , 2 . Ellis Hollow Road Apartments Mr . Bonnell stated that the Sign Law regulations allow for a 1 sq , fte sign for this apartment complex , He commented that the Town really does not have anything in the Sign Ordinance that applies to this type of development . The sign application together with fee was presented for the existing sign at the Ellis Hollow Road Apartments which is 316 ° x 91 = 31 . 5 sq . ft . The possibility of a variance was discussed , but Mrs . Holcomb won - dered if this type of matter can go to the Board of Zoning Appeals , She noted that the Planning Board has the authority to act on signs in residential zones , but there is no regulation for signs in multiple residence zones . Mr . Fabbroni referred to Section 13 - Procedures - of the Sign Law which states that all applications for signs exceeding 25 sq . ft . shall be referred to the Planning Board by the Zoning Officer . Mrs . Holcomb asked what the route is from the Planning Board , Mr . Fabbroni stated that if an application comes to the Planning Board it goes to the Town Board . Mr . Christianson pointed out that there are no guidelines for a sign of this sort , Mrs . Holcomb stated that therefore the Planning Board shall make a recommendation to the Town Board and they can vary the 1 sq . ft . requirements . MOTION by Mrs . Barbara Holcomb , seconded by Mr , Robert Christianson : WHEREAS , the Planning Board of the Town of Ithaca has reviewed the sign application presented by Ellis Hollow Road Apartments and recog- nizes that there is no provision in the Town of Ithaca Sign Ordinance , Local Law No . 1 - 1972 , to cover this kind of sign denoting an apart - ment house , and WHEREAS , the Planning Board has no authority to act in this matter , THEREFORE , BE IT RESOLVED , that the Planning Board of the Town of Ithaca forward and hereby does forward the application .for sign permit submitted by Ellis Hollow Road Apartments to the Town Board of the Town of Ithaca for any action they see fit , with the recommendation from the Planning Board that said Board feels that this particular sign in size and location is appropriate for the use it serves , There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nav - None . The MOTION was declared to be carried unanimously . Town of Ithaca Planning Board - 13 - May 4 , 1976 3 . Wonderland Motels , Inc . ; Turback ' s . Ideman ' s ; Morse Chain Division • of Borg -Warner , MOTION by Mrs . Barbara Holcomb , seconded by Mr . Richard Black . WHEREAS , the Planning Board of the Town of Ithaca has been pre - sented with applications for sign permit from Wonderland Motels , Inc . , Turback ' s , Ideman ' s , and Morse Chain Division of Borg-learner for signs in place without permit but conforming to the requirements of the Town of Ithaca Sign Law , THEREFORE , BE IT RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board of the Town of Ithaca that said signs be approved and permits be issued . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay - None . The Chair declared the MOTION to be carried unanimously . 4 . Comment from Mr . Fabbroni Mr . Fabbroni stated for the Board ' s information that all these sign applications did not " just appear " . Mr . Robert Bonnell conducted an in- the- field survey of the whole Town and then prepared notices of ® violation for every sign in violation , 5 . East Hill Plaza . ( a ) Norgetown Laundry - Drycleaning . Mr . Stewart Knowlton presented an application for sign permit and fee for Norgetown Laundry-Drycleaning located in the East Hill Plaza . The existing sign is in place without permit and is over - sized . The proposed sign is to have the same words on it and be 20 " x 12 ' = 19 . 92 sq . ft . The front of the building on which it is to be placed is 20 ' long . MOTION by Mr . Richard Black , seconded by Mrs . Liese Bronfenbrenner . RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the proposed sign for Norgetown Laundry -Drycleaning located in the East Hill Plaza . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack , Nay - None . The MOTION was declared to be carried unanimously . ( b ) Expressions Unlimited . Mr . Stewart Knowlton presented an application for sign permit and fee for " EXPRESSIONS unlimited " located in the East Hill Plaza , The existing sign is in place without permit and is over® sized . The pro- Town of Ithaca Planning Board � 14m May 4 , 1976 posed sign is to read " E' XPRESSIONS " and to be 10 ' x 2 ' = 20 sq . ft . The front of the building on which it is to be placed is 20 ' long . MOTION by Mr . Robert Christianson , seconded by Mr . Daniel Baker : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board . approval of the new sign for " EXPRESSIONS " located in the East Hill Plaza . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay - None . The MOTION was declared to be carried unanimously . ( c ) " What ' s Your Beef7 " . Mr . Stewart Knowlton presented an application for sign permit for " What ' s Your Beef ? " located in the East Hill Plaza . The existing sign is in place without permit and is over - sized . The proposed sign is exactly the same except that it will be 10 ' x 2 ' = 20 sq . ft . There was some discussion of whether the " crest " located on the entrance door should be part of the signage . Mr . Knowlton mentioned the fact that there are signs identifying • each business located in the shopping centre which hang straight out perpendicular to the shop to aid the shopper in the centre in locating the store he wishes to go to . Mr . Knowlton stated that he strongly urged the Board to discount these small individual signs from the signage allotment for each store since they are not seen from the road . Mr . Christianson asked that the Board let that issue lie at this point . Mr . Christianson also asked that the " crest " on the door of 1It17hat ' s Your Beef7 " restaurant be left out at this point . There was no objection from the Board members . MOTION by Mr . Sam Slack , seconded by Mr . Richard Black : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board approval of the proposed sign for " What ' s Your Beef ? " located in the East Hill Plaza . There being no further discussion , the Chair called for a vote . Aye _ Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay - None . The MOTION was declared to be carried unanimously . ( d ) Rite Aid Pharmacy m Health and Beauty Aids , Mr . Stewart Knowlton presented an application for sign permit from Rite Aid Pharmacy together with fee in the sum of $ 137 . 00 . The present sign is in place without permit and is over - sized . The existing sign °iaasures 44 " x 35 - 1/ 2 ' = 129 . 73 sq . ft . The store front is 50 ' long . 50 sq . ft . sign is allowed . Mr . Knowlton noted that Rite Aid has Town of Ithaca Planning Board = 15m May 4 , 1976 presented an application for a sign permit for a basically identical • sign . MOTION by Mrs . Barbara Holcomb , seconded by Mr . Richard Black .* RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the application for sign permit presented by Rite Aid Pharmacy be disapproved since the proposed sign is over - sized according to the requirements of the Town of Ithaca Sign Ordinance . There being no further discussion , the Chair called for a vote . Aye a Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay m None . The MOTION was declared to be carried unanimously . ( e ) Foto Express . Mr . Stewart Knowlton presented a sign for the proposed Foto Express Building ( see discussion ) . He noted that the sign will be 12 sq . ft , in size , MOTION by Mrs . Barbara Holcomb , seconded by Mr , Robert Christian® son .* RESOLVED , that the Planning Board of the Town of Ithaca shall defer consideration of recommendation for approval of application for sign for the proposed Foto Express Building to be located somewhere in the East Hill Plaza until such time as the revised plans for such building and signage is submitted . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Christianson , Bronfenbrenner , Black , Baker , Slack . Nay a None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , the meeting was adjourned at 10 : 25 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , • Conditions continued `. . .'. : ._ . - TOMPKINS COENTY -cd PARTbIENT OF HEALTH KATHLEEN A. GAFFNEY• M.D. 1287 Trumontburg Rood Comm7aioner of Health Ithaca, New York Phone 273-7272 Conditions of Approval for the Haven Hills Subdivision ( Phase I ) Owner - Hilker Construction Co , r Inc . 2 , THAT construction , testing , and disinfection of the water mains be performed by or under the supervision of Ithaca City water supply officials or a person or firm qualified to practice professional engineering in the State of New York . 3 . THAT construction and testing of the sewer system be performed by or under the supervision of a person or firm qualified to practice professional engineering in the State of New York whenever engi - neering services are required by law for such purposes . 4 . THAT a leakage test be performed on the sewer system . The com - pleted sewer shall not have a seepage in excess of 200 gallons per . inch diameter per mile of any section of pipe per day . 5 . THAT the results of all tests and disinfection must be transmitted to this office . 6 . THAT where any such construction , testing , and disinfection is con - ducted by or under the supervision of a person or firm licensed to practice professional engineering in the State of New York , the re - sults of such work must be certified and sealed ,by the said pro - fessional engineer , 7 . THAT the horizontal and vertical separation of all water and sewer systems comply with the " Ten State Standards , " 8 . THAT the Tompkins County Health Department be notified when the disinfection procedure is complete , so bacteriological tests can be performed prior to placing said proposed water works in service . 9 . THAT an authorized representative of the NYS Department of Environ - mental Conservation or the Tompkins County Health Department be permitted access to the work site at any reasonable time to inspect construction , testing , or disinfection procedures . 1 � THAT the proposed water works are not placed into operation until such time as a completed works approval is issued in accordance • - 2 - with Part S of the New York State Sanitary Code by the Tompkins County Health Department . • 11 . THAT the approved drainage control plan be implemented prior to the selling of any homes . 12 . THAT the disinfection procedure be in accordance with the appli - cable New York State Public Water Supply Guidelines for such pro - cedures . Joseph R . Visalli , P . E . Director of Environmental Health June 11 , 1976 ARTICLE 12 OWNERSHIP OF DOCUMENTS • The Drawings and Specifications are instruments of service and are , and shall remain , the property of the ENGINEER whether the Project for which they are made is executed or. not . They are not to be. used by the OWNER on other projects or extensions to this Project except by agreement in writing and with appropriate compensation to the ENGINEER . ARTICLE 13 DELEGATION OF DUTIES Neither the OWNER nor the ENGINEER shall delegate his duties in this Agreement without the written consent of the other party . ARTICLE 14 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the OWNER and the ENGINEER and supersedes all prior negotiations, representations or agreements , either written or oral . This Agreement may be amended only by written instrument signed by both OWNER and ENGINEER. ARTICLE 15 APPLICABLE LAW Unless otherwise specified within the Agreement , this Agreement shall be governed by the law of the principal place of business of the ENGINEER . r American Consulting Engineers Council Owner-Engineer Agreement OE . I Copyright 1969 reprinted 11 - 73 I 'A/ 506 . 05 - 4A/ 4 - 74 (1M ) 11 - 74 ( 1M) OF1 . 11 y ' • r AFFIDAVIT OF POSTING , TOWN CLERK ' S OFFICE IrrHACA , N . Ye I Edward L . Bergen , . being duly a 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 : (-Ithaca Journal ) Notice of Public Hearing by the Planning Board of the Town of Ithaca on Tuesday , May 4 , 197. 6 in the Town Hall at 126 East Seneca Street ( second floor ) , Ithaca , N . Y . at the following times and on the following matters : See attached legal . notice Entrance to Town Offices Location of sign board used for posting : at 126 East Seneca Street , Ithaca , N . Y . + Date Of Posting : April 30 , 1976 t"" Date Of Publication ; April. 30 , _ 1976 1A lb 0 alo / 74wa L . Bergen Town Clerk Town of Ithaca State of New York Cou:�n'toy ofTompkins SS . r2ov;n of Ithaca L ' Sworn to before me this 3rd ,,may Of ,, May. , 19 ZG, ,.• NOTARY GERTRUDE, H. BERGS + ' Notary Public, State of New Yorb3 , No. 55-5278725 Qualified in Tompkins Co Term Expires March V . 19 7 L a - M Friday, April 30, 1976 ITHACA JOURNAL 19 Legal No_t_ic_ e TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS MAY 4. 1976 By direction of the Chairwoman of the Planning Board, NOTICE IS HEREBY GIVEN that Public Hearings will beheld by the Planning Board of the Town of Ithaca on Tuesday. Slav 4, 1976, in the Town Hall, 126 East • Seneca Street ( second floor.( , Ithaca, :N.Y. , at the following times and on the following matters : , 7: 45 p.m. Consideration of final subdivi- sion approval Snyder Hill Road — Willis S. Hilker. % 8 : 00 p.m. Consideration of final approval of Phase 2 Longhouse Cooperative. Inc. . Elm Street Extension. 8:20 p.m. Consideration of multiple fami- hY proposal as part of future Monkemeyer Commercial District.- East King Road and Uanbv Road. 8 : 40 p. m. Consideration of proposed storage building for Wonderland Motels, Inc. . Elmira Road. 855 p. m. Consideration of proposed Photo Express Building. East Hill Plaza - Judd. Falls Road. Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto. Persons may appear by agent or in person. i Edward L. Bergen Town Clerk Town of Ithaca i April :10, 1976 • TOWN OF ITHACA PLANNING BOARD a NOTICE OF PUBLIC HEARINGS t MAY 4 , 1976 By direction of the Chairwoman of the Planning Board , NOTICE IS IiEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday , May 4 , 1976 , in the Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , at the following times and on the following matters : 7 : 45 P . M . Consideration of final subdivision approval Snyder Hill Road - Willis S . Hilker , 8 : 00 P . M . Consideration of final approval for Phase # 2 Longhouse Cooperative , Inc . , Elm Street Extension , 8 : 20 P . M . Consideration of multiple family proposal , as part of future Monkemeyer Commercial District - East King Road and Danby Road . 8 : 50 P . M . Consideration of proposed storage building for Wonderland Motels , isInc . , Elmira Road , 8 : 55 P . M . Consideration of proposed Photo Express Building , East Hill Plaza - Judd Falls Road , Said Planning Board will at said times and said place hear all persons in support of such matters or objections thereto . Persons may appear by agent or in person . Edward L . Bergen Town Clerk Town of Ithaca Dated : April 28 , 1976 Publish : April 30 , 1976