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HomeMy WebLinkAboutPB Minutes 1976-07-15 TOWN OF ITHACA PLANNING BOARD ADJOURNED MEETING .' JULY 15 , 1976 An adjourned meeting of the Town of Ithaca Planning Board was held in the Town Hall , 126 East Seneca Street , Ithaca , N . Y . , on Thursday , July 15 , 1976 , at 7 : 30 p . m . PRESENT : Chairman Barbara Holcomb , Sam Slack , Daniel Baker , Liese Bronfenbrenner , Richard Black , Robert Christianson , Lawrence Fabbroni ( Planning/Engineer , building Inspector ) . ALSO PRESENT : Nick Drinker , ( WHCU ) , Randy Diamond ( Ithaca Journal ) , Fred Tilton , Bill Meiczinger , Bob • Wright , Heinz Biesdorf , Howard Schlieder , Charles Guttman , Richard Matthews , John Fish . Chairman Holcomb declared the adjourned meeting called to order at 7 : 35 p . m . REPORT OF PLANNING ENGINEER/BUILDING INSPECTOR Mr . Fabbroni referred to the recent flash floods of July 11th , 1976 , and stated that the public damage is about $ 50 , 000 . 00 and the private damage is running about $ 80 , 000 . 00 . He noted that Eastern Heights Drive , Tudor Road , Sharlene Drive , Snyder Hill Road , Elm Street , Glenside Road and Burns Road were hit hard . Mr . Fabbroni stated that it is not on the Agenda , but this Board had asked him to speak to the Northeast Civic Association about park land ( June 15th ) . He stated that about a week later he went to their meeting and spoke to the people about the two park plans that the two students drew up - - Tareyton Road site and Salem Drive . Mr . Fabbroni stated that safety was a big consideration , but overall the reception was good . He said that the outcome was that they like the passive site very much . They would like to see a shallower pond with a fence around it . He said that the general recommendation was that they favored the site as it was laid out with regard to the active site . The consensus was that they would rather see the sand area and the pavilion area developed first . He noted that they could see it developed in stages . Mr . Fabbroni presented for the record a Petition in favor of the park proposed for the area across from Tareyton Drive signed by 29 residents and dated July 10 , 1976 , and reading as follows : " July 10 , 1976 . To the Town of Ithaca Planning Board : We are very much in favor of the park proposed for the area across from Tareyton Drive . We feel it would meet a real neighborhood need . The variety of activities 4 � proposed would serve all ages and bring families together for recreation . The provision of facilities attractive to adults as well as children - in particular , tennis courts , which are at a premium in the Ithaca area with the recent popularity of the game - would tend to produce a natural mixing of ages Planning Board - 2 - July 15 , 1976 and cut down on the kind of vandalism which parks designed just for children seem to invite . The nicer the park the more likely the neighborhood is to care about it , and to be willing to involve itself in informal supervision . The proposed park certainly promises to offer a wide enough variety of activities to create that kind of feeling , and the fact that the tennis courts can also be used for skating gives it the additional benefit of being a year round facility . Although this would only be a small neighborhood park , it would , we believe , be a step in the right direction . At the moment , the Town of Ithaca has no recreation facilities at all , and yet virtually all of the residents of the Town make use of some aspect of the recreation facilities of the surrounding area . We should provide , and it could be argued that we have an obligation to provide , some recreation facilities to add to those currently available . We shouldn ' t depend on the generosity of our neighbors indefinitely . " Mr . Fabbroni stated that the Tareyton Road site should run about $ 23 , 000 . 00 for material costs with labor and machinery about $ 10 , 000 . 00 , that is , for full development and using in kind labor . If contracted out , it would add about 15 % . The Salem Drive site should run about $ 3 , 000 . 00 for materials with labor to run about $ 3 , 200 . 00 for development of the total site . Mrs . Holcomb stated that the Town Board has established a Park Committee comprised of Noel Desch , Cathy. Valentino and Shirley Raffensperger . They recommended that Mr . Fabbroni investigate the possibilities of develop- ing the bikeway ( East Ithaca ) and that the Highway Department be given the Okay to develop the Northview Road West Park and that Mr . Fabbroni investi - gate the possibilities for the Coy Glen Park , Mr . Slack , referring to the two Northeast Parks , asked if there is any neighborhood committment to these projects at this point ? Mrs . Holcomb noted that there is a certain but unspecified committment in the Petition , Mr . Slack felt that in the Salem Drive park there is a place for neigh- borhood help and there is also a little bit for the Tareyton Road site , Mrs . Holcomb wondered what it would look like if you developed the sand area , the tennis courts and the pavillion without the rest facilities in terms of cost . Mr . Fabbroni said about $ 15 , 000 . 00 - - the bathrooms would be about $ 4 , 500 . 00 more . Mrs . Holcomb asked if this can be done in stages . Mr . Fabbroni said , " yes . " Mrs . Holcomb said that this needs to be a recommendation in terms of money and priorities for a process to begin in September . Mr . Christianson stated that he would hope to see a fence around that pond . Mr . Black commented that you could disguise it with low bushes , like yews . Mr . Christianson stated that for the moment he is against it . Mrs . Holcomb stated , referring to the Tareyton Road site , that the three items she mentioned , the sand area , the tennis courts and the pavillion plus the paths would seem to her to be the top priority items - - the basketball court and the rest room facilities should be later . The discussion ended at this point , Planning Board - 3 - July 15 , 1976 SALVATION ARMY BINS AT EAST HILL PLAZA Mr . Slack asked Mr . Fabbroni if he had checked into the Salvation Army Bins located at the East Hill Plaza - - they are very unsightly . Mr . Fabbroni said he had and they are there with the approval of Mr , Stewart Knowlton , Mr . Fabbroni said that at the times he has checked they have been litter clear , In connection with the East Hill Plaza and Mr . Knowlton , Mr . Fabbroni reported that the Walkway for the elderly has been approved . ADJOURNED PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL EDDY HILL SUBDIVISION , MECKLENBURG ROAD , The Public Hearing was declared to be open at 8 : 05 p . m . and the Town Clerk ' s Affidavit of Posting and Publication was duly presented . Mrs : Holcomb stated that this hearing was postponed from July 13 , 1976 . Mr . Schlieder and Mr . Wright were present , Mr . Schlieder stated , in connection with the awkward crossroad , that he has checked the difference and finds that this driveway is 26 - 1 / 2 feet which gives him an exact figure of 3 - 1 / 2 feet from the center line . He said that this is in reference to the intersection which might still be staggered but will not be confusing - - they are essentially head -on . Mr . Schlieder pointed out that they have now shown the over - all map of the Marshall Farm/Eddy Hill . They have revised the dimensions of the Chase Operation along with all the lots • that have been subdivided . He said that there is now a whole picture . Mr . Schlieder also presented another map showing possible future development and noted that the road shown may not be necessary . Mr . Black stated that the over - all plan looks good . MOTION by Mr . Richard Black , seconded by Mr . Robert Christianson : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Final Subdivision Approval to Eddy Hill , Inc . for lands shown on Site Plan dated July 13 , 1976 , entitled " Lands on West Haven Road , Subdivision Map " by Howard Schlieder , Mrs . Holcomb stated that the record should show that a tentative subdivision plan beyond the areas outlined on the above approved site plan was presented as revised on May 29 , 1976 , indicating that utility services and access to all back lands is possible , so that in the future when somebody looks at it they will know how wonderful we all were . Mr . Fabbroni stated that the drainage has his approval . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Slack , Baker , Bronfenbrenner , Black , Christianson . Nay - None . The MOTION was declared to be carried unanimously . The Chair closed the Public Hearing at 8 : 15 p . m . Planning Board - 4 - July 15 , 1976 ADJOURNED PUBLIC HEARING : CONSIDERATION OF FINAL SUBDIVISION APPROVAL HEINZ BIESDORF , CODDINGTON ROAD . The Public Hearing was declared to be open at 8 : 15 p . m . and the Town Clerk ' s Affidavit of Posting and Publication was duly presented . Mrs . Holcomb stated that this hearing was postponed from July 13 , 1976 . Mr . Biesdorf was present . Mr . Fabbroni stated that he had found Mr . Biesdorf ' s letter of May 25 , 1976 , which he read . The letter is attached to the Official Minutes of this meeting and filed in the Planning Board Minute Book . Mr . Fabbroni stated that at the meeting in June ( 15 ) , the Planning Board spoke of subdividing the three lots shown and leaving the 4th and 5th to be determined later . Mrs . Holcomb stated that the Board said that they would approve the subdivision at the preliminary stage as a five - lot subdivision with the boundary lines of the 4th and 5th lots to be determined at Mr . Biesdorf ' s discretion . Mr . Fabbroni stated that since the last meeting , Mr . Biesdorf has given the Town an easement for a sewer line and it has been put in . Mr . Black suggested that he would put the ravine on one lot or another - - not split between two . It was agreed that this would be done . Mrs . Holcomb commented that if the . Board should approve this finally as a five- lot subdivision with the # 1 , # 2 , and # 3 Lots defined and the # 4 and # 5 lot boundary lines to be determined , that leaves Mr . Biesdorf , therefore , to determine the final lot line and leaves him , therefore , without having to come back to the Planning Board . Mr . Christianson stated that he would be happy to second that as a motion . MOTION by Mrs . Barbara Holcomb , seconded by Mr . Robert Christianson : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant Final Subdivision Approval. for a five - lot subdivision of lands of Heinz Biesdorf on Coddington Road , Town of Ithaca . Tax Parcel Numbers presently assigned are 6 - 42 - 1 - 9 . 41 , 9 . 42 , 9 . 43 and 9 . 5 . Tax Parcel Number 6 - 42 - 1 - 9 . 42 will be divided into two legal lots to be described later . There being no further discussion , the Chair called for a vote , Aye - Holcomb , Slack , Baker , Bronfenbrenner , Black , Christianson . Nay - None . The MOTION was declared to be carried unanimously . • Mrs . Holcomb informed Mr . Biesdorf that a copy of the plan just approved has to be filed with the County Clerk and needs to have the Planning Board stamp of approval before such filing . The Public Hearing was declared to be closed at 8 : 25 p . mo Planning Board - 5 - July 15 , 1976 CONTINUED DISCUSSION OF SITE PLAN FOR VARIETY STORE /MINI -GAS STATION AND CAR WASH CORNER JUDD FALLS ROAD AND ELLIS HOLLOW ROAD , PARCEL NO , 6 - 62 - 2 - 1 . 13 . Mrs . Holcomb stated that this discussion is a continuation of that having taken place on July 13 , 1976 , which was supposed to be a Public Hearing , but the Ithaca Journal omitted the item from the Notice of Public Hearings , therefore , this discussion cannot be a legal Public Hearing either . Mrs . Holcomb read from the re - zoning of Barnes ' property which was adopted September 9 , 1968 and was effective October 31 , 1968 , as follows : " EXCEPT THAT THE FOLLOWING DESCRIBED 2 . 65 Acres of said parcel is hereby established as a Business " D " District , to the extent only that the Town of Ithaca Planning Board shall hereafter , pursuant to Section 46 ( a ) of the zoning Ordinance , upon application therefor , approve a specified Business " D " use development in particular part ( s ) thereof ( any part ( s ) not so approved for or devoted to a Business " D " use to meantime constitute zone ( s ) for permissible Business " C " uses ) , this excepted parcel being particularly described as follows : DESCRIPTION " Mr . Guttman stated that their new plan shows the revised parking , the - . future car wash and self - service gas station . He stated that the present proposal is only for the store . Mr . Fabbroni stated that he would really like to discourage any exiting on to Ellis Hollow Road , Mr . Guttman stated that if it is a gas station , eventually there would be a flow . Mrs . Holcomb noted that the Board is only asked now to give approval for a variety store . She said that she would recommend that for that purpose it have an in and out on to Judd Falls Road . Mr . Slack asked why the Board is being asked to put in another building when we have unused space in the Plaza ? Mr . Christianson stated that he could see no objection to this . It is a thing that. has been in the mill for a number of years now . He commented that Mr . Slack knows the area better than anyone , but it seems to be a very good use for this particular piece of land . Mr . Guttman said that right now Mr . Angell does not think a gas station is economically feasible at this time . Mrs . Holcomb noted that the discussion concerns an eventual combined use , but that it is her feeling that they should be simultaneous . She noted that the first phase ( the variety store ) is to enable the gas station to be viable - - it may never happen . If only the variety store materializes , Mrs . Holcomb said that she would agree with Mr . Slack in his questioning of why build another building when we have a whole Plaza with empty stores ? • Mr . Slack noted that there are presently four businesses up there . Mrs . Holcomb stated that she finds this project difficult . Mr . Christianson asked if the Board would feel more comfortable if Planning Board - 6 - July 15 , 1976 they said they are definitely going to build the gas station and the car wash . He said that he does not think it is fair to consider this a part of the shopping centre . It is a separate parcel . The re - zoning envisions Business " C " and " D " there . Mr . Christianson said that he also feels very strongly that a gas station at that particular location makes emminently good sense . Mrs . Holcomb stated that the Board must have a Public Hearing before this goes to the Town Board , Mr . Guttman stated that he sees that a gas station will be necessary , Mrs . Holcomb commented that the gas station is not really the question , it is the use before the gas station . Mr . Guttman said that if the store goes , then the gas station will be viable . With the store and driveways there , the gas station and car wash are not that expensive then . Mr . Slack stated that until something happens at the corner in terms of the intersection , anything is a detriment , Mrs . Holcomb stated that this matter will now be set aside and reconsidered at a Public Hearing by this Board on July 27 , 1976 . ADJOURNED PUBLIC HEARING : CONSIDERATION OF PRELIMINARY SUBDIVISION APPROVAL OF THE GILES PROPERTY EAST KING ROAD , PARCEL N0 . 6 - 49 - 1 - 21 . 2 . Mr . Fabbroni stated this land was one large piece of property in the hands of Mrs . Giles . He stated that a long time ago it was broken into two lots . Mr . Fabbroni stated that there is a house on one of these lots and Mr . Howarth is building there now on another lot . Mr . Fabbroni stated that Mr . Richard Matthews came in for a building permit and that seemed to make three lots , but it turns out to be a five - lot subdivision . A discussion ensued . MOTION by Mrs . Barbara Holcomb : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant preliminary approval for a five - lot subdivision on Coddington Road and East King Road , as described on map entitled " Subdivision of Land of Laura Giles , Parcel No . 6 - 49 - 1 - 21 . 2 " . Mrs . Holcomb noted that prior to final subdivision approval , tax parcel numbers should be assigned . Mr . Fabbroni asked if the Board could give some sort of approval for Mr . Matthews to go ahead with his building which is underway . He commented that the Board could recognize the fact as a matter of record , MOTION by Mrs . Barbara Holcomb , seconded by Mr . Sam Slack : RESOLVED , that the Planning Board of the Town of Ithaca grant and hereby does grant preliminary approval for a five- lot subdivision on Coddington Road and East King Road , as described on map entitled • " Subdivision of Land of Laura Giles , Parcel No . 6 - 49 - 1 - 21 . 2 " , and that Mr . Matthews be given permission to continue with the building on his Parcel No . 49 - 1 - 21 . 6 prior to the finalization of the approval of this subdivision which will occur at the next meeting of the Planning Board . Planning Board - 7 - July 15 , 1976 Mr . Fabbroni stated that at that time some proof should come from Giles that two of the lots are acceptable to the Tompkins County Health Department , i . e . , the two undeveloped lots presently held by Giles . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Slack , Baker , Bronfenbrenner , Black , Christianson . Nay - None . The MOTION was declared to be carried unanimously . Mrs . Holcomb noted that final subdivision approval will be con - sidered on July 27 , 1976 . SIGN APPLICATIONS . 1 . Custom Furniture Stripping . Mr . Fabbroni noted that this sign is located on Mecklenburg Road . The premises in question are located in an Agriculture Zone and used to be a greenhouse . The premises are owned by Meiczinger and rented to John Fish , Mr . Fabbroni noted that this is a bit of a complicated matter since the use is non - conforming . Both Mrs . Holcomb and Mr . Slack questioned the use . Mr . Meiczinger stated that he rents out the premises to Mr . Fish and it used to be a greenhouse . He said that the taxes are high . He said that it is a non - conforming use which was in there long before zoning , known as " Flowerfeld " . He stated that the premises have been used as a garage for the City School District , as a vending machine warehouse , as an egg processing plant , and now it is a furniture stripping store . Mr . Black asked Mr . Fish what he is doing with the waste ? Mr . Fish stated that Carpenter ' s Sewerage Disposal comes and pumps out his system and carts it away . Mr . Fish said that he has been in operation for about a year and a half . Mrs . Holcomb asked Mr . Fabbroni if the proposed sign is legal . Mr . Fabbroni replied that it is - - the building front is 36 ' and the proposed sign is 32 sq . ft . MOTION by Mr . Daniel Baker , seconded by Mrs . Liese Bronfenbrenner ° RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that the sign for " Custom Furniture Stripping " be approved . Aye - Holcomb , Slack , Baker , Bronfenbrenner , Black , Christianson . Nay - None . The MOTION was declared to be carried unanimously . 2 . St . Catherine of Siena Catholic Church . Mr . Fabbroni stated that the major part of the proposed sign is 21 sq . ft . and is approved by him as Building Inspector . There is a Planning Board - 8 - July 15 , 1976 hanging part also that temporarily advertises a raffle which makes the whole sign over 25 sq . ft . ® Mrs . Holcomb stated that it is the consensus of the Planning Board that they have no objection to the hanging sign . This would be a sort of changeable message sign which is a missing link in the sign ordin- ance that has to be corrected . The Planning Board has no authority to approve the hanging part of the sign , Mr . Fabbroni will carry this matter to the Town Board noting the fact that the Planning Board has no objection to the hanging sign advertising the raffle . VINCENT FRANCIAMONE PROPERTY , RIDGECREST ROAD , Mrs . Holcomb stated that the Board has been requested to discuss the rezoning of Mr . Franciamone ' s property at 108 Ridgecrest Road from R- 30 to R- 15 . Mrs . Holcomb read from the Town Board Minutes of December 8 , 1975 , as follows : " Supervisor Schwan reported there is a problem with Mr . Vincent P . Franciamone ' s continued request for the issuance of building per - mits , based on proposed changes in the physical layout of his building , while he is still in contempt of court orders rendered by Judge Yesawich and while he still has a case on appeal . Supervisor Schwan asked if such requests could be held in abeyance pending the perfection of Mr . Franciamone ' s appeal and the rendering of a Court decision . Mr . ® Buyoucos said that at this time he know of no provision of law for holding such requests in abeyance . He suggested , however , that the requests for building permits be considered by the Building Inspector and if the permits are denied Mr . Franciamone would be free to pursue whatever remedy he might have at law . " Mrs . Holcomb stated that the Town has rezoned areas from R- 30 to R- 15 when the properties are served by water and sewer . Mrs . Holcomb noted that Mr . Franciamone ' s land is not big enough for two lots . Mr . Fabbroni stated that there are two Court actions ; each building and contempt of Court action . He said that there has been a summons of criminal action for building another storage building without a permit . Mr . Fabbroni noted that for R- 15 and R- 30 there are different percentages of land coverage requirements , Mrs . Holcomb wondered if maybe the appropriate place for the determination of whether or not rezoning should take place is at the Town Board level . Mrs . Holcomb commented that if Mr . Franciamone wishes to have his property rezoned , since there is water and sewer there seems to be no reason not to . She felt that the Board should not that legal proceedings are in process . The Planning Board members agreed . Mr . Fabbroni suggested that the Board could be broader in terms of rezoning and if the Town Board does decide to rezone , they consider rezoning the entire Ridgecrest Road area . MOTION by Mrs . Barbara Holcomb , seconded by Mrs . Liese Bronfenbrenner : RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that all parcels fronting Planning Board - 9 - July 15 , 1976 on the West side of Ridgecrest Road presently served by water and sewer and adjacent to back lands already rezoned as R- 15 be rezoned ® R- 15 Residential . The Planning Board recognizes that there is presently legal action pending concerning Tax Parcel # 6 - 45 - 1 - 5 , and that said Board feels that it is the responsibility of the Town Board to determine whether such pending legal action provides a detriment to the rezoning process . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Slack , Baker , Bronfenbrenner , Black , Christianson . Nay - None . The MOTION was declared to be carried unanimously , ADJOURNMENT Upon Motion , the Meeting was adjourned at 9r50 p . m . Respectfully submitted , Nancy Mm Fuller , Secretary , • TOWN OF ITHACA PLANNING BOARD • f}QJOURHE® NOTICE OF PUBLIC HEARINGS 15* JULY 0143 , 1976 By direction of the Chairwoman of the Planning Board , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Tuesday , July 13 , 1976 , in 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 Eddy Hill Subdivision , Mecklenburg Road . 8 : 00 P . M . Consideration of Final Subdivision Approval Heinz Biesdorf , Coddington Road , 8 : 05 P . M . Consideration of Site Plan Approval for Variety Store oue AW corner Judd Falls Road and Ellis Hollow Road , Parcel No . 62 - 2 - 1 . 13 . 8 : 35 P . M . Consideration of Preliminary Subdivision Approval of the Giles property East King Road , Parcel No . 49 - 1 - 21 . 2 . 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 : July 6 , 1976 Publish : July 8 , 1976 • 2 rr I R JjY// 40Y jFAIV ,V I wof C*400i 405 �J V July 10 , 1976 To the Town of Ithaca Planning Board * We are very much in favor of the park proposed for the area across from Tareyton Drive . We feel it would meet a real neighborhood need . The variety of activities proposed would serve all ages and bring families together for recreation . The provision of facilities attractive to adults as well as children ® in particular , tennis courts , which are at a premium in the Ithaca area with the recent popu� larty of the game would 'tend to produce . a natural mixing of ages , and cut down on the kind of vandalism which parks designed just for children seem to invited . The nicer the park the more likely the neighborhood is to sere about it , and to be willing to involve itself in informal supervision . The proposed park certainly promises to offer a wide enough variety of ' scotivities. to create that kind of feeling , end the fact that the tennis courts can also be used for skating gives it the additional benefit of being a year round facility . Although this would only be a small neighborhood park , it would, we believe ,, - be a stepin the right -. .directiono At the moment , the Town of Ithaca has no recreation facilities at all , and yek virtually all of the residents of the Town make use of some aspect of the recreation facilities of the surrounding area. . We should provide;,, and it could be argued that we have an obliga � tion to provide ., some recreation facilities to - add to : those currently ,evailable . We shouldn ' t depend on ,.-..the generosity of our neighbors indefinitely . Signed NAME ADDRESS 7A ton *4 So 1 44. 1" �a� %t4, �, Ar. Y. zz!z 2 NAME ADDRESS aA h440OLZ ,�'. 30 fie_ ate.. Du a.—to2 06 ' 01 NST ° N JAI V E . cvL:Y 130 I� S L� *5 7AI