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HomeMy WebLinkAboutPB Minutes 1976-11-01 TONIN OF ITHACA PLANNING BOARD NOVEMBER 11 1976 A Meeting of the Town of Ithaca Planning Board was held in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , N . Y . , on Monday , November 1 , 1976 , at 7 : 30 p . m . PRESENT : Chairman Barbara Holcomb , Sam Slack , Jonathan Bradley , Richard Black , Daniel Baker , Liese Bronfenbrenner , Maurice Harris , ALSO PRESENT : Mrs . . Eva Iioffmann , Mr . May , Mr . Norton , Mr . Goldfarb , Miss Janice Palmer , Mr . and Mrs . Sanford Reuning , Mr . Anderson . The Chairman delcared the Meeting duly opened at 7 : 35 p . m . PUBLIC HEARING : CONSIDERATION OF PROPOSED CONVERSION BY REZONING OF A TTIO-FAMILY HOME TO A MULTI -FA14ILY FOUR-FAMILY HOME , OWNED BY SANFORD AND JOAN REUNING , 112 WEST BUTTERMILK FALLS ROAD , PARCEL NO . 6 - 31 - 2 - 9 , ITHACA , N . Y . The Public Hearing being duly opened by the Chair , the Town Clerk ' s Affidavit of Posting and Publication of said Hearing in Town Hall and in the Ithaca Journal as required , and the Secretary ' s Affidavit of Service by Mail to the neighbors - of the Reuning property and the Finger Lakes State Parks Commission and the City of Ithaca , were presented for the record . Mr . Fabbroni noted that this parcel contains 8 . 2 acres . Miss Janice Palmer was present and stated that she is considering ® purchasing this property for herself_ . She stated that she is a single person and is in the real estate business . She said she would like to have an office on the premises which are ideally suited for this use with no changes necessary to spoil the architecture , There is adequate parking . The home is presently used by the Reuning family plus one apartment in the back . She said she would use the first floor for herself and have the office in the present family room . She said she would continue to rent the back apartment and would like to convert the back two levels into two to three efficiencies . Miss Palmer noted that there are five bathrooms in the house . Miss Palmer noted that this parcel is in an R- 30 zone which , among other things , allows no more than three unrelated persons in a dwelling structure , and commented that this requirement does not make sense for a house this size with this much acreage . She noted that the home is of classic Greek Revival architecture . Miss Palmer stated that she would at the least like to have pro - fessional office space to be rented out if she were not allowed to have the four apartments . Miss Palmer stated that whether she purchases the property herself or merchandises it out for the Reunings depends on what this Board decides could be done . A possible floor plan was presented by Mr . Reuning with several accesses shown into the various rooms . Mr . Harris asked if the Reunings and Miss Palmer are asking what the Planning Board ' s feelings are on this proposal prior to their doing anything . They said that they are . Planning Board - 2 - November 1 , 1976 Mrs . Bronfenbrenner asked if there is sewer . Mr . Reuning replied that there is no sewer , it is served by a septic tank and an artesian well . Mr . Black asked if the road is a dead end . Mr . Reuning said , Yes . Mrs . Holcomb asked if there were any comments from the audience . There were none . Mrs . Holcomb stated , on behalf of Mr . Fabbroni , that Mr . Fabbroni ° s first comment to Mr . Reuning when he first described this proposal in terms of a variance , was that the matter is more than a question of a variance , it is a matter of a rezoning . Mrs . Holcomb stated that if an area is to be rezoned for a single lot , even of this size , it must be considered in the light of spot zoning which is probably illegal . Mrs . Holcomb noted that this property is also in the flood plain . She stated that this enactment is designed to discourage intensive residential uses in the flood plain . Mrs . Holcomb stated that the Board is listening to what is proposed as a future owner with the idea that if you cease to be the owner , the property remains rezoned . Mr . Reuning , referring to the question of spot zoning , stated that this piece of property is unique . On the one side is the railroad spur which goes up to South Hill and on the other side , the City , it is zoned industrial and on the other side we have State Park Land ( Butter - milk Falls State Park , and they ( the Reunings ) own down to the Inlet which is proposed for the bikeway . He said that in effect they have two neighbors and there are only three houses . He commented that it would really be an area zoning . They are isolated . Mr . Reuning noted that there are many proposals which involve his property - - the Route 13 corridor , the bikeway , the loop road , etc . Miss Palmer stated that the property is really a white elephant . She said that what she is proposing is probably the highest and best use for it . There would be no changes in structure - - only one - half bathroom needs to be moved . There are abandoned kitchens . She said that she would like to see the full potential for this property realized . She noted that lowering the water table seems to be an important question . Mrs . Holcomb noted that the Board is looking at possible uses for the building and aesthetics . Mrs . Holcomb asked if Miss Palmer has talked to anyone about whether the building would meet the multiple family residence code - - e . g . , fire escapes . The code is much different from a two - family residence . Mr_ . Slack stated that he thinks since the architecture of the house is being maintained and since it is such a big house , if it can meet the codes necessary , he would be in favor of this proposal , Mrs . Holcomb said that the Board could consider it a " cluster " which would limit the applicant to four units total , but it would still be R- 30 . She noted that there is sufficient land here to meet this cluster concept . She stated that this approach would not require a rezoning , it is still considered an R? 30 use . She noted , however , that they would still need to meet multi - family code requirements . Mrs . Holcomb suggested that the Board adjourn the discussion to the next meeting which will be in two weeks . She suggested that Mr . and Mrs . Reuning and Miss Palmer check with Mr . Fabbroni and the State Inspector . They should have another talk with the Health Department as to whether the previous testing would support a four_ unit structure . She said that she will check into the requirements necessary for a flood plain zone if they apply . She said Planning Board - 3 - November 1 , 1976 that if it turns out that they can go the way of " Cluster " and they decide to do so , they simply apply by letter to this Board under Section ® 281 of Town Law . MOTION by Mr . Sam Slack , seconded by Mr . Jonathan Bradley : RESOLVED , that the Public Hearing in the Matter of the proposed conversion by rezoning of the Reuning two - family home to a multi - family home stand adjourned until November 16 , 1976 . There being no further discussion , the Chair called for a vote . Ave - Holcomb , Slack , Bradlev , Black , Baker , Bronfenbrenner , Harris . Nay - None . PUBLIC HEATZING : CONSIDERATION OF PROPOSEI) FULL SERVICE. GASOLINE SALES STATION , CORNER ELLIS HOLLOW ROAD AND JUDD FALLS ROAD , PARCEL NO , 6 - 62 - 2 - 1 . 13 , ITHACA , N . Y . The Public Hearing in the above -noted matter was duly opened by the Chair and the Town Clerk ' s Affidavit of Posting and Publication of said Hearing in Town Hall and in the Ithaca Journal as required was presented for the record . Mr . Goldfarb and Mr . Norton were present as partners in the above - noted proposal , Mr . Norton stated that this type of proposal for a gas station at this particular corner dates back to the beginning of the Shopping Centre under Groff Associates . He said that this area has always been shown as a spot for a gas station and they are proposing to put one in there . He stated that they do not have a formal proposal yet as far as working drawings from an oil company . He commented that seven major oil companies are interested . He said that the question is to get permission to put such a structure there . Mr . Black commented that that is what the parcel is zoned for . Mrs . Holcomb noted that the Planning Board has looked at this piece of property for a long time for a number of purposes , She stated that this Board and the Town Board are very aware of traffic problems at this corner - - access and egress , She said that there have been discussions with the County Highway Department and the Town Engineer . She said that Mr . Fabbroni and Mr . Mobbs would be willing to accept an entrance from Ellis Hollow Road into the property but no exiting from that property on to Ellis Hollow Road , She noted that the majority of traffic comes from Ellis Hollow Road and turns right onto Judd Falls Road . There followed a discussion of the ability to enforce this kind of regulation . There was discussion of entrance and exit only on Judd Falls Road , Mrs . Iiolcomb commented that when this intersection is changed or improved , one could consider changes . Mrs . Holcomb suggested negotiations for an alternate exit through their parking lot off the shopping centre , Mr . Goldfarb stated that Mr . Fabbroni seems to think that making that entrance from Ellis Hollow Road only one car wide and posting it , would work . Mrs . Holcomb thought that there has to be a loop around back. onto ® Judd Falls Road , unless they could work out an exit through the parking lot . Mr . Norton stated that everybody that they have talked to seems to feel that there is a real need for a , service station in this area - - the closest one is down by Maple Avenue . Planning Board - 4 - November 1 , 1976 Thr . Black asked if there has been a new study which shows that business is okay for this type of project now . Mr . Norton said that there has - - traffic flows are good , new construction , etc . Mrs . Hoffmann was concerned about the question of danger of a narrow entrance from Ellis Hollow Road , Mr . Norton said it would pro - bably be swung so that it only encourages people who come down Ellis Hollow Road . Mrs . Hoffmann commented that entrance and exit places are very often very wide and the pedestrian has a wide space to cope with . Mr . Slack stated that they have to be careful about the parking of cars in the gas station area that have been serviced or are waiting for service . Mr . Black stated that perhaps a rental agreement could be worked out so as to have cars parked on the shopping center . Mr . Slack stated that he wanted to avoid the cluttering of cars on the corner . Mr . Goldfarb stated that he thinks they have adequate parking - - the parcel contains . 99 acres . Mr . Norton stated that the Board could condition approval of this project as dependent upon access from the parking lot and space for parking of cars . He said that they would have to come back to this Board with an exact plan from the oil company . He thought that the last bay ought to be an inside wash bay . Mrs . Holcomb stated that the Planning Board has heard the proposal and is well aware that the area is zoned for the purpose proposed . She stated that the developers are pursuing the matter and the Planning Board has raised serious questions as to entrances and exits , and that alter - nate exits through the parking lot and extra parking area for storage of cars be considered . There being no further discussion , the Chair adjourned the Public Hearing at 8s50 p . m . SIGN APPLICATIONS 1 . Spartan Inn , 658 Elmira Road , Mrs . Holcomb presented a sign application from Dino K . Marinos , owner of the Spartan Inn at 658 Elmira Road , Ithaca , N . Y . , which meets the Sign Law requirements . 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 sign for the Spartan Inn located at 658 Elmira Road . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Slack , Bradley , Black , Baker , Bronfenbrenner , Harris . • Nay - None . The MOTION was declared to be carried unanimously . 2 . Anderson Moving Inc . , 116 Buttermilk Falls Road . Mrs . Holcomb read a letter from Mr . William Anderson referring to Planning Board - 5 - November 1 , 1976 his " Anderson Moving " sign which is standing on top of a roof because it is impossible to see from any place else . Mrs . Holcomb noted that the Sign Law does not allow signs above the roof_ line . MOTION b Slack y Mr . Sam seconded by Mr . Maurice Harris . RESOLVED , that the Planning Board of the Town of Ithaca recommend and hereby does recommend to the Town Board that they approve a variance for the sign for Anderson Moving , Inc . , located at 116 Buttermilk Falls Road , since it was an existing sign prior to the approval of the Sign Law and since the location of the building provides special problems of visibility . There being no further discussion , the Chair called for a vote . Aye - Holcomb , Slack , Bradley , Black , Baker , Bronfenbrenner , Harris . Nay - None . The MOTION was declared to be carried unanimously . ROUTE 96 RELOCATION , Mrs . Holcomb reported that Mr . Fabbroni and Mrs . Raffensperger of the Town Board went to the State Route 96 relocation hearing . She said that there was an overflow crowd . Mrs , Holcomb reported on this meeting . Mrs . Holcomb proposed that the Planning Board of the Town of Ithaca in conjunction with the Town Board hold their own Hearings as to the proposals as they affect this Town . She noted that the corridor has been established - - the question now is the alternates within that corridor ,. MOTION by Mr . Sam Slack , seconded by Mrs . Liese Bronfenbrenner .e RESOLVED , that the Planning Board of the Town of Ithaca and the Town Board of the Town of Ithaca hold a joint public meeting for review of the proposals for the Route 13 and Route 96 relocations , There being no further discussion , the Chair called for a vote . Aye - Holcomb , Slack , Bradley , Black , Baker , Bronfenbrenner , Harris . Nay - None . The MOTION was declared to be carried unanimously . ADJOURNMENT Upon Motion , the meeting was declared adjourned at 10 : 05 p . m . Respectfully submitted , Nancy M . Fuller , Secretary , AFFIDAVIT OF POSTING TOWN CLERK ' S OFFICE ITHACA, N . Ye I � Edward L . Bergen , being duly sworn , say . that I am the Town Clerk of the Town of Ithaca , Tompkins County , New York , that the following notice hasbeen 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 news aper : ( Ithaca Journal ) Notice of Public Hearings by the Planning Board of the Town of Ithaca on November 1 , 1976 , at 126 East Seneca Street , at the following times and on e following matters : 7 : 45 p . m . constdexattan of propused converstan by" Rezoning of a 2 -Family Home to a Multi -Family 4 -Family Home , owned by Sanford and Joan Reuning , 112 West Buttermilk Falls Rd . , Parcel No . 6 - 31 - 2 - 9 , It aca , N . Y . ; 8 : 15 p . m . consideration of proposed Full Service Gasoline Sales Station , corner Ellis Hollow Road and Judd—Fal s Road , Parcel No . Xb2 =2=1:I3 Ithaca , ' N . Y . ; and to hear ail persons in support of such matters or objections thereto . Location of sign board used for posting : Entrance to Town Offices at 126 East Seneca Street , Ithaca , N . Y . 14850 . Date of Posting : October 25 , 1976 . Date of Publication : October 27 , 1976 . Edward L . Bergen Town Clerk Town of Ithaca State of New York County of Tompkins SS . Town of Ithaca Sworn to before me this 1st day of November 11 19 76 . laL. NOTARY 00/ GERTRUDE H. BERG Noterq Public, State of New York No. 55-5278725 Qualified in Tompkins Cou t 'Perm Expires Msrcl1 30. 19 24 ITHACA JOURNAL. Wednesday, Oct. 27 , - 1976. l TOWN OF, ITHACA PLANNING BOARD-, NOTICE OF .PUBLIC HEARINGS . MONDAY, NOVEMBER I, 1976 By directiowofthe Chairman of the Planning Board, NOTICE IS HERE- ' BY GIVEN that Public Hearings will � be held by'the Planning Board of the + Town of Ithaca on Monday, November 1, 1976, in Town Hall, 126 East Seneca Street (second floor) , Ithaca, N.Y., at the following times and on-the follow- ing matters: It 7 : 45 P.M. Consideration of proposed a conversion by Rezoning of a 2-Family Home . to a Multi-Family 4-Family r Home, owned by -Sanford and Joan Reuning, 112 West Buttermilk Falls ; Road, Parcel No: 6-31.2-9, Ithaca; N.Y. 14850: 1 8: 15 P.M. Consideration of proposed Full Service Gasoline Sales Station, s corner Ellis Hollow Road and Judd Falls Road; Parcel No. 6.62-211.13, Ithaca, N.Y. 14850. Said Planning. Board will at ! said times and said place hear all persons in support of such matters or objec- { tions thereto?Persons may appear by agent or. in person. Edward L--Bergen r . Town-Clerk ; Town of.Ithaca Dated : : OctobeF 22 1976 1'+ October 27 1976 ' F _ TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS • MONDAY , NOVEMBER1 , 1976 By direction of the Chairman of the Planning Board , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Monday , November 1 , 1976 , in Town Hall , 126 East Seneca Street ( second floor ) , Ithaca , PI . Y . , at the following times and on the following matters : 7 : 45 P . M . Consideration of proposed conversion by Rezoning of a 2 - Family Home to a Multi -Family 4 - Family Home , owned by Sanford and Joan Reuning , 112 west Buttermilk Falls Road , Parcel No . 6 - 31 - 2 - 9 , Ithaca , N . Y . 14850 . 8 : 15 P . M . Consideration of proposed Full Service Gasoline Sales Station , corner Ellis Hollow Road and Judd Falls Road , ® Parcel No . 6 - 62 - 2 - 1 . 13 , Ithaca , N . Y . 14850 . 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 : October 22 , 1976 . Publish : October 27 , 1976 . AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) SS OO COUNTY OF TOMPKINS ) • Nancy M . Fuller , being duly sworn , deposes and says , that deponent is not a party to the action , is over 21 years of age and resides at 316 Turner Place , Ithaca , New York , That on the 27th day of October , 1976 , deponent served the within Notice upon : Sanford and Joan Reuning 112 West Buttermilk Falls Road Ithaca , N . Y . 14850 David and May Powers 106 chest Buttermilk Falls Road Ithaca , N . Y . 14850 Mary Mursko West Buttermilk Falls Road Ithaca , N . Y . 14850 Finger Lakes State Parks Commission Taughannock State Park Trumansburg , N . Y . 14850 Joseph Rundle , Clerk City of Ithaca 108 East Green Street Ithaca , N . Y . 14850 By depositing same enclosed in a postpaid addressed wrapper in a post box under the exclusive care and custody of the United States Post Office Department within the State of New York . Nan y M . Fvaler 40 Sworn to before me this 29th day of October , 1976 Notary Public / QyAT VDE Ho BERG ipki aspires March 30. t�_ TOWN OF ITHACA PLANNING BOARD NOTICE OF PUBLIC HEARINGS MONDAY , NOVEMBER ` 1 , 1976 By direction of the Chairman of the Planning Board , NOTICE IS HEREBY GIVEN that Public Hearings will be held by the Planning Board of the Town of Ithaca on Monday , November 1 , 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 proposed conversion by Rezoning of a 2 - Family Home to a Multi - Family 4 - Family Home , owned by Sanford and Joan Reuning , 112 West Buttermilk Falls Road , Parcel No . 6 - 31 - 2 - 9 , Ithaca , N . Y . 14850 . 8 : 15 P * Ma Consideration of proposed Full Service Gasoline Sales Station , corner Ellis Hollow Road and Judd Falls Road , Parcel No . 6 - 62 - 2 - 1 . 13 , Ithaca , N . Y . 14850 . 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 : October 22 , 1976 . Publish : October 27 , 1976 .